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HomeMy WebLinkAboutMiscellaneous - 44 REA STREET 4/30/2018 (2) 44 REA STREET 210/098.B-001 1-0000.0 �1 4-b I , FAX COV �HE��' NOV 2 9 2001 I� BOARD OF APPEALS ' LAW O�IirF OF RALPH R.JbYCE 95 Main Street North Andover,MA 01845 Tel-978-685-4555 or 803-529-0264 Pax-80395868 Send to: From: RALPH R. JOYCE 4t j 'A77^= Date: Office locatlo • Office location: Fix numbe 978x68 number. 97885-4555 or 603529-0264 U urgent I`J AGPly ASAP M Please comment n Please revlen I 1 For your information Total pages.including cover. Comments: _ l/v Town of North Andover NORTH Office of the Zoning Board of Appeals �r Community Development and Services Division * i y� Heidi Griffin Division Director '� °Arlo 27 Charles Street �9SSACHUS t� D. Robert Nicetta P ( )978 North Andover, Massachusetts 01845 Telephone 688-9541 Building Commissioner Fax(978)688-9542 December 11, 2001 Mr. Kenneth W. Rea 44 Rea Street North Andover, Massachusetts 01845 Re: Earth removal "pit" at Chestnut and Rea Streets Dear Mr. Rea: Enclosed please find Chairman William J. Sullivan's memo to the Building Commissioner, Robert Nicetta, about your property for your files. Thank you for your concern. William J. Sullivan Chairman WJS:mg Encl. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 To: Robert Nicetta Building Commissioner From: William J.Sullivan Chairman,Zoning Board of Appeals Date December 6, 2001 Re: Rea's earth removal "pit" at Rea&Chestnut Streets Chairman William J. Sullivan and Vice Chairman Walter F. Soule did a site review at Rea&Chestnut Streets on December 4, 2001. The earth removal "pit" has not been issued the required annual permits for the years 2000 and 2001. Information furnished by Attorney Ralph R.Joyce indicated that no further excavation of earth associated with the earth removal permit has been done since the expiration of the last annual permit and there is no further need for the earth removal permit request. During the December 4th site visit,the Chairman and Vice Chairman requested that Attorney Joyce petition the Zoning Board of Appeals for the "pit" closure per Section 5 of the North Andover Zoning Bylaw. During a telephone call between Chairman Sullivan and Attorney Joyce on December 5, 2001,Attorney Joyce indicated his intention to appear before the Zoning Board of Appeals on January 15, 2002 for the purpose of closing the earth removal operation. The reforestation per Section 5, Paragraph 5.8 will be discussed in this regard on January 15, 2002. Since buildings are presently being erected on what appears to be the original "pit" property without the "pit" closure,the Chairman requests the Building Department to take no action until the January 15, 2002 meeting. V. d2e� W _S To: Robert Nicetta Building Commissioner From: William J.Sullivan Chairman,Zoning Board of Appeals Date December 6, 2001 Re: Rea's earth removal "pit"at Rea&Chestnut Streets Chairman William J. Sullivan and Vice Chairman Walter F. Soule did a site review at Rea &Chestnut Streets on December 4, 2001. The earth removal "pit" has not been issued the required annual permits for the years 2000 and 2001. Information furnished by Attorney Ralph R.Joyce indicated that no further excavation of earth associated with the earth removal permit has been done since the expiration of the last annual permit and there is no further need for the earth removal permit request. During the December 4th site visit,the Chairman and Vice Chairman requested that Attorney Joyce petition the Zoning Board of Appeals for the "pit"closure per Section 5 of the North Andover Zoning Bylaw. During a telephone call between Chairman Sullivan and Attorney Joyce on December 5, 2001,Attorney Joyce indicated his intention to appear before the Zoning Board of Appeals on January 15, 2002 for the purpose of closing the earth removal operation. The reforestation per Section 5, Paragraph 5.8 will be discussed in this regard on January 15, 2002. Since buildings are presently being erected on what appears to be the original "pit" property without the "pit"closure,the Chairman requests the Building Department to take no action until the January 15, 2002 meeting. To: Robert Nicetta Building Commissioner From: William J.Sullivan Chairman,Zoning Board of Appeals Date December 6, 2001 Re: Rea's earth removal "pit"at Rea &Chestnut Streets Chairman William J.Sullivan and Vice Chairman Walter F.Soule did a site review at Rea&Chestnut Streets on December 4, 2001. The earth removal "pit" has not been issued the required annual permits for the years 2000 and 2001. Information furnished by Attorney Ralph R.Joyce indicated that no further excavation of earth associated with the earth removal permit has been done since the expiration of the last annual permit and there is no further need for the earth removal permit request. During the December 4th site visit,the Chairman and Vice Chairman requested that Attorney Joyce petition the Zoning Board of Appeals for the "pit" closure per Section 5 of the North Andover Zoning Bylaw. During a telephone call between Chairman Sullivan and Attorney Joyce on December 5, 2001,Attorney Joyce indicated his intention to appear before the Zoning Board of Appeals on January 15, 2002 for the purpose of closing the earth removal operation. The reforestation per Section 5, Paragraph 5.8 will be discussed in this regard on January 15, 2002. Since buildings are presently being erected on what appears to be the original "pit" property without the "pit"closure, the Chairman requests the Building Department to take no action until the January 15, 2002 meeting. I To: Robert Nicetta Building Commissioner From: William J.Sullivan Chairman,Zoning Board of Appeals Date December 6, 2001 Re: Rea's earth removal "pit"at Rea&Chestnut Streets Chairman William J. Sullivan and Vice Chairman Walter F. Soule did a site review at Rea&Chestnut Streets on December 4, 2001. The earth removal "pit" has not been issued the required annual permits for the years 2000 and 2001. Information furnished by Attorney Ralph R.Joyce indicated that no further excavation of earth associated with the earth removal permit has been done since the expiration of the last annual permit and there is no further need for the earth removal permit request. During the December 4th site visit,the Chairman and Vice Chairman requested that Attorney Joyce petition the Zoning Board of Appeals for the "pit" closure per Section 5 of the North Andover Zoning Bylaw. During a telephone call between Chairman Sullivan and Attorney Joyce on December 5, 2001,Attorney Joyce indicated his intention to appear before the Zoning Board of Appeals on January 15, 2002 for the purpose of closing the earth removal operation. The reforestation per Section 5, Paragraph 5.8 will be discussed in this regard on January 15, 2002. Since buildings are presently being erected on what appears to be the original "pit" property without the "pit"closure,the Chairman requests the Building Department to take no action until the January 15, 2002 meeting. I r To: Robert Nicetta Building Commissioner From: William J.Sullivan Chairman,Zoning Board of Appeals Date December 6, 2001 Re: Rea's earth removal "pit" at Rea&Chestnut Streets Chairman William J. Sullivan and Vice Chairman Walter F.Soule did a site review at Rea&Chestnut Streets on December 4, 2001. The earth removal "pit" has not been issued the required annual permits for the years 2000 and 2001. Information furnished by Attorney Ralph R.Joyce indicated that no further excavation of earth associated with the earth removal permit has been done since the expiration of the last annual permit and there is no further need for the earth removal permit request. During the December 4th site visit,the Chairman and Vice Chairman requested that Attorney Joyce petition the Zoning Board of Appeals for the "pit" closure per Section 5 of the North Andover Zoning Bylaw. During a telephone call between Chairman Sullivan and Attorney Joyce on December 5, 2001,Attorney Joyce indicated his intention to appear before the Zoning Board of Appeals on January 15, 2002 for the purpose of closing the earth removal operation. The reforestation per Section 5, Paragraph 5.8 will be discussed in this regard on January 15, 2002. Since buildings are presently being erected on what appears to be the original "pit" property without the "pit"closure,the Chairman requests the Building Department to take no action until the January 15, 2002 meeting. i I li To: Robert Nicetta Building Commissioner From: William J.Sullivan Chairman,Zoning Board of Appeals Date December 6, 2001 Re: Rea's earth removal "pit"at Rea& Chestnut Streets Chairman William J. Sullivan and Vice Chairman Walter F.Soule did a site review at Rea&Chestnut Streets on December 4, 2001. The earth removal "pit" has not been issued the required annual permits for the years 2000 and 2001. Information furnished by Attorney Ralph R.Joyce indicated that no further excavation of earth associated with the earth removal permit has been done since the expiration of the last annual permit and there is no further need for the earth removal permit request. During the December 4th site visit,the Chairman and Vice Chairman requested that Attorney Joyce petition the Zoning Board of Appeals for the "pit"closure per Section 5 of the North Andover Zoning Bylaw. During a telephone call between Chairman Sullivan and Attorney Joyce on December 5, 2001,Attorney Joyce indicated his intention to appear before the Zoning Board of Appeals on January 15, 2002 for the purpose of closing the earth removal operation. The reforestation per Section 5, Paragraph 5.8 will be discussed in this regard on January 15, 2002. Since buildings are presently being erected on what appears to be the original "pit" property without the "pit"closure, the Chairman requests the Building Department to take no action until the January 15, 2002 meeting. I i I I To: Robert Nicetta Building Commissioner From: William J.Sullivan Chairman,Zoning Board of Appeals Date December 6, 2001 Re: Rea's earth removal "pit"at Rea&Chestnut Streets Chairman William J.Sullivan and Vice Chairman Walter F. Soule did a site review at Rea&Chestnut Streets on December 4, 2001. The earth removal "pit" has not been issued the required annual permits for the years 2000 and 2001. Information furnished by Attorney Ralph R.Joyce indicated that no further excavation of earth associated with the earth removal permit has been done since the expiration of the last annual permit and there is no further need for the earth removal permit request. During the December 4th site visit,the Chairman and Vice Chairman requested that Attorney Joyce petition the Zoning Board of Appeals for the "pit" closure per Section 5 of the North Andover Zoning Bylaw. During a telephone call between Chairman Sullivan and Attorney Joyce on December 5, 2001,Attorney Joyce indicated his intention to appear before the Zoning Board of Appeals on January 15, 2002 for the purpose of closing the earth removal operation. The reforestation per Section 5, Paragraph 5.8 will be discussed in this regard on January 15,2002. Since buildings are presently being erected on what appears to be the original "pit" property without the "pit"closure, the Chairman requests the Building Department to take no action until the January 15, 2002 meeting. To: Robert Nicetta Building Commissioner From: William J.Sullivan Chairman,Zoning Board of Appeals Date December 6, 2001 Re: Rea's earth removal "pit"at Rea&Chestnut Streets Chairman William J.Sullivan and Vice Chairman Walter F. Soule did a site review at Rea&Chestnut Streets on December 4, 2001. The earth removal "pit" has not been issued the required annual permits for the years 2000 and 2001. Information furnished by Attorney Ralph R.Joyce indicated that no further excavation of earth associated with the earth removal permit has been done since the expiration of the last annual permit and there is no further need for the earth removal permit request. During the December 4th site visit,the Chairman and Vice Chairman requested that Attorney Joyce petition the Zoning Board of Appeals for the "pit"closure per Section 5 of the North Andover Zoning Bylaw. During a telephone call between Chairman Sullivan and Attorney Joyce on December 5, 2001,Attorney Joyce indicated his intention to appear before the Zoning Board of Appeals on January 15, 2002 for the purpose of closing the earth removal operation. The reforestation per Section 5, Paragraph 5.8 will be discussed in this regard on January 15, 2002. Since buildings are presently being erected on what appears to be the original "pit"property without the "pit"closure,the Chairman requests the Building Department to take no action until the January 15, 2002 meeting. To: Robert Nicetta Building Commissioner From: William J.Sullivan Chairman, Zoning Board of Appeals Date December 6, 2001 Re: Rea's earth removal "pit"at Rea& Chestnut Streets Chairman William J.Sullivan and Vice Chairman Walter F. Soule did a site review at Rea &Chestnut Streets on December 4, 2001. The earth removal "pit" has not been issued the required annual permits for the years 2000 and 2001. Information furnished by Attorney Ralph R.Joyce indicated that no further excavation of earth associated with the earth removal permit has been done since the expiration of the last annual permit and there is no further need for the earth removal permit request. During the December 4th site visit,the Chairman and Vice Chairman requested that Attorney Joyce petition the Zoning Board of Appeals for the "pit" closure per Section 5 of the North Andover Zoning Bylaw. During a telephone call between Chairman Sullivan and Attorney Joyce on December 5, 2001,Attorney Joyce indicated his intention to appear before the Zoning Board of Appeals on January 15, 2002 for the purpose of closing the earth removal operation. The reforestation per Section 5, Paragraph 5.8 will be discussed in this regard on January 15, 2002. Since buildings are presently being erected on what appears to be the original "pit" property without the "pit"closure,the Chairman requests the Building Department to take no action until the January 15, 2002 meeting. Glennon, Michel From: Byerley, Jacki Sent: Friday, December 07, 2001 12:36 PM To: Glennon, Michel Subject: RE: Rea's"pit"closure I need to see a copy of the plans and the submittal before I can answer that. Jacki -----Original Message----- From: Glennon,Michel Sent: Thursday,December 06,2001 12:39 PM To: Byerley,Jacki;Hmurciak,Bill; Paquette,Rick Subject: Rea's"pit"closure Attorney Ralph Joyce said that he will appear before the Zoning Board of Appeals to petition to close Rea Construction's earth removal "pit"on Rea and Chestnut Streets at the January 15, 2002 meeting. Does your department have any issues or problems that the Zoning Board of Appeals should take into consideration or, does your department have no problems with the"pit"closure? Thank you for your concern in this matter, William J. Sullivan, Chairman North Andover Zoning Board of Appeals i 1 Glennon, Michel To: Byerley, Jacki; Hmurciak, Bill; Paquette, Rick Cc: Division of Public Works; Planning Department Subject: Rea's"pit"closure Attorney Ralph Joyce said that he will appear before the Zoning Board of Appeals to petition to close Rea Construction's earth removal "pit"on Rea and Chestnut Streets at the January 15, 2002 meeting. Does your department have any issues or problems that the Zoning Board of Appeals should take into consideration or, does your department have no problems with the"pit"closure? Thank you for your concern in this matter, William J. Sullivan, Chairman North Andover Zoning Board of Appeals 1 { DEC 0 52001 ATTORNEY RALPH R.JOYCE BARD OF APPEALS 121 Collins Landing,Weare,NH 03281 Tel. 978-685-4555 Fan 603-529-8866 November 28, 2001 Town of North Andover ZONING BOARD OF APPEALS WILLIAM SULLIVAN, CHAIRMAN Charles Street North Andover, MA 01845 RE: EARTH REMOVAL CHESTNUT AND REA STREET Dear Bill: I received your phone message yesterday regarding the above cited with your concern for a reforestation plan and an abutter list. I reviewed the by-law and see nothing there that requires a reforestation plan and, accordingly, I have no specific directive as how to proceed. I hope, therefore, this letter will be accepted as a Notice of Intent to establish the details of replanting. I enclosed for your review a forest management plan that Mr. Rea has maintained over the years for the entire farm. The criteria are set out in the by-law as to the type and density of the trees required. I will replant the Chestnut Street road front in an appropriate manner consistent with the terms of the by-law and the landscaping associated with the houses to be built there. However, I think it is imperative that these areas be stabilized first with loam and seed, which work is substantially completed. The trees would not be replanted until next spring when full turf has taken hold. A substantial part of the remaining property is going to be subdivided, consisting of 20-25 lots. The roadway will go in adjacent to the gray house (Lot 7) and run westerly roughly parallel with the foot of the slope with houses between the foot of the slope and the road. The reforestation of theses areas is inappropriate in light of the road and house construction planned. This work is scheduled for the fall of 2002 as the road is installed and should be revisited at that time. I will appear before the Board at the first opportunity to discuss any issues in further detail. However, with respect to your second request for an abutter' s list, there is nothing in the by-laws that requires a public hearing to close out the gravel pit. I am hesitant to open this up to a public hearing, but recognize that the Board' s jurisdiction is without question with regard to the reclamation of the gravel pit. I would like to discuss the latter issue with you further to see if we can come to an accord as to procedures . Accordingly, I think it imperative for us to meet on site. I have several plot plans on the houses under construction with detail of the retaining walls and drain systems between the houses and along the road. A draft of the subdivision plan would also be helpful together with the above mentioned reforestation plan as well as the plans already approved by the North Andover Conservation Commission and Department of Public Works . Once you have opportunity to review these plans, I am sure your concerns will abate. The most direct line into me is my cell phone, 508-662-4842 . Please call. Thank you for your continued cooperation. Very, truly y , �-alph R. J yc cc: Kenneth W. Rea Robert Nicetta � g RALPH R. JOYCE, ESQ. =-- 121 Collins Landing D Weare, NH 03281D3;p�c-�� Town of North Andover p [ ( d L ZONING BOARD OF APPEALS D' WILLIAM SULLIVAN, CHAIRMAN DEC 0 5 2001 Charles Street North Andover, MA 01845 BOARD OF APPEALS D �;4: "? �.:` III III tat11tt1tt trrt tltt� !stet 11!!lt)ttIt t�!t1l !tttt11f TO DATE TIME AM �l S v► ,� KIP P FROM ^„ PHONE( ) H CELL( ) O OF CALF-' RALPH ,TayG oN I I NIL�A D+�G Fa�.i�J ��A���^I pw0 L. X a_I d.6 T PX- Pda' s N —A- S� E E M s Y � + � �—c- `i'�'u-5'�-- fig �_ -ll-aoo E A1�- �J� ��`� _"I M E O E-MAILADDRESS SIGNED PHONED❑ BACK CALL RNED SEE YOUO AGAIN ALL yyAS IN URGENT 1706' 603 X03 c6 c6 IL 27 Charles Street North Andover,MA 01845 To: Fax: From: No Andover Planning Department Date: Re: Pages: CC: 0 Urgent 0 For Review 11 Please Comment 11 Please Reply El Please Recycle 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . MILLTOWN DEVELOPMENT CORPORATION OLD YANKEE REALTY TRUST ELLIS BUILDING 95 MAIN STREET NORTH ANDOVER, MA 01845 RALPH R. JOYCE (978) 685-4555 FAX (978) 685-3148 October 10, 2001 OCT 15 2001 - Town of North Andover BOARD OF APPEALS Zoning Board of Appeals WILLIAM SULLIVAN Charles Street North Andover, MA 01845 RE: EARTH REMOVAL PERMITS REA FARM Dear Bill : Please accept this letter to confirm my discussions with your office on October 9, 2001 . I inquired as to what time I appeared on the October 9 agenda and was informed that I was not on the same. Mr. Nicetta intervened but would not take the liberty to alter the agenda and suggested I attend the meeting and wait until the agenda was heard to speak with the members. Considering an 18 item agenda and a 75 minute drive home, I trust you will understand why I declined. I presume the reason you requested this meeting was to close out the Rea permits and I hope that this letter might suffice to do the same. The fact is that Ken Rea has not operated any earth removal operations for the past 18 months and hence the reason he did not renew his most recent permit . I enclosed for your review my letter to the Board of October 13, 2000 . This letter was drafted after several failed attempts to arrange a meeting with you and Bob and the opening paragraph reflects the last failed attempt . It also sets out my rational that the earth removal permit is no longer necessary as the 8 lots on Chestnut Street allow for a 40, 000 yard operation before the special permit provisions are triggered. Subsequent to this letter, I proceeded with the Conserva- tion Commission to obtain Orders of Conditions and all the other permits required to proceed with these lots . The earth removal that has gone on in recent months is entirely under my direction under the 5, 000-yard exemption. I can report that all of the earth removal operations as will be conducted on the property are completed in full . There exists on site some 3 or 4000 yards that will be utilized elsewhere on the subdivision, which is also exempt under the special permit provision of the earth removal bylaw. The restoration of the lots was addressed by the Conserva- tion Commission and there is filed with the Town of North Andover approximately $75, 000 in cash bonds with respect to the Chestnut Street development. As of the date of this letter retaining walls are under construction, loam is screened and partially spread and by the time of your November meeting, the entire hill and surrounding area will be completely reclaimed except the area in house or road construction. I request that you and Bob review this matter and advise and I thank you both for your continued cooperation. Very truly yours, Ralph R. Joyce RRJ:mjj cc: Kenneth W. Rea Robert Nicetta October 13, 2000 Town of North Andover. ROBERT NICETTA, Building Inspector Charles Street North Andover, MA 01845 RE: LOTS 1-6 CHESTNUT STREET Dear Bob: We tried to get a site meeting together earlier this season for the annual review on the gravel pit and neither Ken nor I are going to be able to make it this afternoon. I request that you and Bill do the site inspection and consider our position. We do not feel that the annual gravel pit renewal is necessary this year in consideration of the fact that we have less than 5, 000 cubic feet per lot left to remove from the site. This, however, is your judgment call, which I presume you will make with input from Bill Sullivan. Kindly concentrate your review on the frontage of Chestnut Street and you will see where Ken is removing fill from Lots 1 and 2 at the far Northwest corner of his land and down through Lot 6 as you move down Chestnut Street. If you walk along the top, you can see where the machinery is operating at both ends of this section. For reference, the lots we built out and closed earlier this year are Lots 7 and 8 . There remains approximately a 300 foot stretch of land we would excavate 85 feet back from the road and bring down approximately 20 feet in grade. This calculates to approximately 19, 000 yards of material that has to be moved out of the 6 lots, or approximately 3, 150 yards per lot . This is well under the by-law threshold of 5, 000 yards per lot that triggers the earth removal permit operations . The fill that has to be removed between Lots 6 and 7 is connected with the subdivision t i and will not be taken off site but used further for the road contemplated for the subdivision on the remaining portion of the farm. Accordingly, we ask that you and Bill continue the site review in the nature of expediency, and consider our logic in this matter. Kindly advise if further information is required, or if we may assist in any other manner . If necessary, we will be glad to reschedule the site review and meet you out there. Very truly yours, Kenneth W. Rea and Ralph R. Joyce Ralph R. Joyce RRJ:mjj cc: Bill Sullivan, Board of Appeals I or 95 4VAV !=dry NO.rtiilfDQVFrl, ,,;u''09845 ja wti -- /}}tft}Il111) illildfit III]Hill lit It I hit l Ill iI I It itt1f221 � i MILLTOWN DEVELOPMENT CORPORATION OLD YANKEE REALTY TRUST ELLIS BUILDING 95 MAIN STREET NORTH ANDOVER, MA 01845 RALPH R. .JOYCE (978) 685-4555 FAX (978) 685-3148 October 10, 2001 Town of North Andover Zoning Board of Appeals WILLIAM SULLIVAN Charles Street North Andover, MA 01845 RE: EARTH REMOVAL PERMITS REA FARM Dear Bill : Please accept this letter to confirm my discussions with your office on October 9, 2001 . I inquired as to what time I appeared on the October 9 agenda and was informed that I was not on the same. Mr. Nicetta intervened but would not take the liberty to alter the agenda and suggested I attend the meeting and wait until the agenda was heard to speak with the members . Considering an 18 item agenda and a 75 minute drive home, I trust you will understand why I declined. I presume the reason you requested this meeting was to close out the Rea permits and I hope that this letter might suffice to do the same. The fact is that Ken Rea has not operated any earth removal operations for the past 18 months and hence the reason he did not renew his most recent permit. I enclosed for your review my letter to the Board of October 13, 2000 . This letter was drafted after several failed attempts to arrange a meeting with you and Bob and the opening paragraph reflects the last failed attempt. It also sets out my rational that the earth removal permit is no longer necessary as the 8 lots on Chestnut Street allow for a 40, 000 yard operation before the special permit provisions are triggered. Subsequent to this letter, I proceeded with the Conserva- tion Commission to obtain Orders of Conditions and all the other permits required to proceed with these lots . The earth removal that has gone on in recent months is entirely under my direction under the 5, 000-yard exemption. I can report that all of the earth removal operations as will be conducted on the property are completed in full . There exists on site some 3 or 4000 yards that will be utilized elsewhere on the subdivision, which is also exempt under the special permit provision of the earth removal bylaw. The restoration of the lots was addressed by the Conserva- tion Commission and there is filed with the Town of North Andover approximately $75, 000 in cash bonds with respect to the Chestnut Street development. As of the date of this letter retaining walls are under construction, loam is screened and partially spread and by the time of your November meeting, the entire hill and surrounding area will be completely reclaimed except the area in house or road construction. I request that you and Bob review this matter and advise and I thank you both for your continued cooperation. Ve tru yo ph oyc RRJ:mjj cc: Kenneth W. Rea Robert Nicetta M-E-M-O TO: Robert Nicetta Cc: Ralph Joyce FROM: Mary for �� William J. Sullivan4 DATE: 8/7/2001 SUBJECT: Permit Please be advised that Ralph Joyce needs to renew a permit to close the gravel pit as it's expired. Mr. Joyce needs to get in touch with you in order to do so.. Thank you. MUpit �-6- a e o 0,Y1 5 5aoi � d ' I ZONING BOARD OF APPEALS Regular Meeting Senior Center,120R Main Street,North Andover,MA January 15, 2002 Time: 7:30 PM *Members who have heard evidence Request District NEW BUSINESS: Term renewal/ZBA members. CONTINUED: Property owners of Party Aggrieved R-2 *WJS/WFS/RV/JP/EM/GE Foxwood Drive&Wevland Circle Ravi&Sarita Kaniolia Variance R-2 *WJS/WFS/JP/SK/EM 150 Old Farm Road Meetinghouse Common's at Smolak Farm Comprehensive Permit R-1 *WJS/WFS/RF/JP/EM/GE South Bradford Street Napoli Trucking Co. Special Permit R-4 *WJS/WF3/JP/RF/EM 52 Inglewood Street PUBLIC HEARING: AT&T Wireless/Sprint Variance D-1 &R 2 For premises at: Stevens Estate 723 Os pod Street Kenneth W.Rea&Old Yankee Realty Trust, Special Permit R-3 Ralph R.Joyce.Trustee 44 Rea Street P.L.Hingorani,Trustee 0 Turmpike Street(at Berry Street) Request for Extension Note: Matters may be called out of order and not as they appear on the agenda Deliberations and vote on any issue taken under advisement may take place later in the meeting after the conclusion of the hearing and other matters listed on the agenda "All interested parties are invited to remain to the end of the meeting" I'P 0 oa MAR Rea Construction <- 44 Rea Street _ - North Andover,MA 01845 978-686-7445 March 7,2000 Appeals Board,Town of North Andover 120 Main Street North Andover,MA 01845 C/O Robert Nicetta i Dear Mr.Nicetta; The report of my earth removal operation is as follows;In the past four months I have removed approximately 5,000 cu.yds. of material. I have not removed enough material to have a survey done at this point.As the season begins and the weather improves, I hope to remove the final amount of material to enable this to be completed. Resp lly Submitted Kenneth W.Rea i 0 E cS gA 1 KENNETH W. REA r ,� REA CONSTRUCTION P "'s^ 4tREA`STREET i Go 11AR NORTH`ANDQVER, MA 01845 'v .. 2000 ��>._,.,.�,.._-----•-=i;.._.--_,..=� ` Appeals Board, Town of North Andover 120 Main Street North Andover, MA 01845 C/O Robert Nicetta t' h 1 October 13, 2000 Town of North Andover ROBERT NICETTA, Building Inspector Charles Street North Andover, MA 01845 RE: LOTS 1-6 CHESTNUT STREET Dear Bob: �n We tried to get a site meeting together earlier this season for the annual review on the gravel pit and neither Ken nor I are going to be able to make it this afternoon. I request that you and Bill do the site inspection and consider our position. We do not feel that the annual gravel pit renewal is necessary this year in consideration of the fact that we have less than 5, 000 cubic feet per lot left to remove from the site . This, however, is your judgment call, which I presume you will make with input from Bill Sullivan. Kindly concentrate your review on the frontage of Chestnut Street and you will see where Ken is removing fill from Lots 1 and 2 at the far Northwest corner of his land and down through Lot 6 as you move down Chestnut Street. If you walk along the top, you can see where the machinery is operating at both ends of this section . For reference, the lots we built out and closed earlier this year are Lots 7 and 8 . There remains approximately a 300 foot stretch of land we would excavate 85 feet back from the road and bring down approximately 20 feet in grade . This calculates to approximately 19, 000 yards of material that has to be moved out of the 6 lots, or approximately 3, 150 yards per lot. This is well under the by-law threshold of { 5, 000 yards per lot that triggers the earth removal permit operations . The fill that has to be removed between Lots 6 and 7 is connected with the subdivision I and will not be taken off site but used further for the road contemplated for the subdivision on the remaining portion of the farm. Accordingly, we ask that you and Bill continue the site review in the nature of expediency, and consider our logic in this matter. Kindly advise if further information is required, or if we may assist in any other manner. If necessary, we will be glad to reschedule the site review and meet you out there. Very truly yours, Kenneth W. Rea and Ralph R. Joyce Ralph R. Joyce RRJ:mjj I cc: Bill Sullivan, Board of Appeals _ T71- 03 V- -3 S f \ Of RECEIVED °��•^'''`�g JOYCE BRADSHAW SSS"`"�SEt TOWN CLERK NORTH ANDOVER NORTH ANDOVER OFFICE OF THE ZONLNG BOARD OF APPEALS 1989 SEP 2g P I� 1 I 27 CHARLES STREET NORTH ANDOVER,MASSACHUSETTS 01X45 Any appeal shall be filed FAX(978)653-9542 within(20)days after the date of filing of this notice NOTICE OF DECISION Property at: 44 Rea Street "Gravel Pit" NAME: Kenneth W. Rea. 44 Rea Street, North Andover DATE:9/15/99 Ralph Joyce, 94 Main Street, North Andover ADDRESS: for premises at:44 Rea Street, "Gravel Pit" PETITION:034-99 North Andover, MA 01845 HEARING: 9/14/99 The Board of Appeals held a regular meeting on Tuesday evening, September 14, 1999, upon the application of Kenneth W.Rea,44 Rea Street,and Ralph Joyce,94 Main Street,both of North Andover, requesting a Special Permit from Section 5, so as to permit review of a permit originally granted in august of 1963 which has been renewed and used continuously since that date. The permit is to allow for a gravel pit operation located at 44 Rea Street,and the East side of Chestnut Street which is in the R-3 Zoning District. The following members were present:William J.Sullivan, Walter F.Soule, Raymond Vivenzio, Scott Karpinski. Upon a motion made by Raymond Vivenzio, and 2nd Walter Soule,the Board voted to renew a Special Permit on the same terms and guidelines as presently in effect. Voting in favor. William J.Sullivan,Walter F. Soule, Raymond Vivenzio,Scott Karpinski. See attachment for further clarification: SPECIAL PERMIT The Board finds that the applicant has satisfied the provision of Section 9,paragraph 9.2 of the Zoning Bylaw and that such change,extension or alteration shall not be more detrimental than the existing non-conforming structure to the neighborhood. Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a Building Permit as the applicant must abide by all applicable local,state`and federal and building codes and regulations,prior to the issuance of a building permit as requested by the Buildin`Commission. By order of the Zoning Board of Appeals William J. Su ivan, Chairman ml/1999decision/41 Attachment BOARD OF A1TE.AS 6XX 9i4j B1.'11,llIN(;S(iXX')545 CONS FRV.\'r1ON 68X-9 1530 1iE,\L.'ri1 68,S--95.10 PLANNING 6XX-9:35 y • NORTh u' 0; �.. . �ti0 0 0 S �•�,' �':* RECEIVED °�,•�'�''`tg JOYCE BRADSHAW CH N CLERK NORTH ANDOVER NORTH ANDOVER OFFICE OFr 1999 SEP 28 P I: 11 THE ZONLNG BOARD OF AFPF-ALS 27 CHARLES STREET NORTH ANDOVER,IVIASSACI-MSETi'S 0 18 45 FA.`C(978)683-9542 Attachment: 9/15/99 Attachment to Petition#034-99 for: Kenneth W. Rea,44 Rea Street,North Andover, MA 01845 and Ralph Joyce, 94 Main Street,North Andover,MA 01845 To clarify current concerns an agreement was made by Kenneth W. Rea to:William J. Sullivan,Chairman, Zoning Board of Appeals,on September 23, 1999. The following conditions were highlighted: 1. A current topography plan,by a Massachusetts registered engineer, shall be submitted by November 1, 1999. 2. Hours of operation will be in accordance with the zoning by-law, Section 5.7,paragraph 1,and there shall be no truck traffic on any roadways to the gravel pit before 7:OOAM or after 6:OOPM. 3A. Hauling route,both entering and exiting of trucks over 15 cubic yards capacity(tractor-trailers) shall be: Rea Street(West)to Chestnut Street to Mill Street to Route 114.No tractor-trailer trucks are allowed on Rea Street(East). 3B. Trucks less than 15 cubic vards capacity may use: Rea Street(East)only to Johnson Street (North and South)where side walks are available. Other streets: Rea Street East of Johnson Street,Abbott Street,Marbleridge Road,North Cross, South Cross,Easy Street,Woodberry Lane, Mark Road,Jay Road,Lisa Lane,and Holly Ridge Road,in the vicinity of the Sargent School shall have trucking only,between the hours of 8:30AM to 2:30PM,(school in session hours) for safety protection of children to and from the Sargent School. 3C. Otherwise when Sargent School is not in session,trucking shall be in accordance with zoning by- law Section 5. MI/reaatt Page 2 of 2 BOARll(3P:\1'1'E:\LS ti88-95 t1 BUILD NGS 688 9J 45 CONSI?12V:\TION(i88-0530 11EAL 11 688!9540 PL:\NNINU 688 9535 HORTIyy +.- Ot 3� b+ ° ro •( �SS�1C HUS�t TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main St.,North Andover, MA on Tuesday the 14"' day of September 1999, at 7:30PM to all parties interested in the appeal of Kenneth W. Rea, 44 Rea St., and Ralph R. Joyce, 94 Main Street,North Andover. Petitioner is requesting a Special Permit under Section 5, so as to permit review of a permit originally granted in August of 1963 which has been renewed and used continuously since that date. The permit is to allow for a gravel pit operation located at 44 Rea St. and the East Side of Chestnut St. Said premises affected is land and property with frontage on the West Side of Rea St., which is in the R-3 Zoning District. Plans are available for review at the office of the Building Dept., 27 Charles Street, North Andover, MA Monday through Thursday from the hours of 9:OOAM to 1:OOPM. By order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on 8/31/99 & 9/7/99. Ml/legalnotice/2 'm .o "3t�mo �ooN ��oowomc�o3Co���myiaw>WmCD oo �/}�I �1 Ooj3��amvwao�ww `m,ww7--S mccaD'a�ma°o D9o3 . . CD .m Amo>>p ��M. 6)0'5--90>>zO .. V� I" °og•�~rc a'i:3 w na _ ate�c�"� .� -m....w. �Gln.. v>j-n�c m 7otA�p c a-p co Z N. �•(n°Na or N.m 0_�'_0-� :+.�='M=roma c' o W W_.G 0,..'_.Y f C��0&�ICD .N� � aN aANmN �p`�<�P'�m wow�Dyo 0Oy,N.On r ', co �f go. m.� m.a,�m�' m. c 3 a 0 =r-"SZZ.. Z @ to D= o<^�c o 0 70�3.N'?w�f o:a»cD a'�s� m S C O. j m o=nN m-'s o ° m v�wo�m-_^.� mai mom <n O -0. --10 �m nwo�3D,:r o0 o m DmCD v�l-f{l0n, 0: �w ca o �c CD m N 3 �cnm o ID_"r y:(p�Z� O(�n•�(SD niw��D-im =j -0 0Q oon� w:m ��f�� �mm.w ��a°O ��•� �m^`°ao'o�w�r-U) Al wmw D°���o �n- m ^�o�mmm -3wm- co °`°.?; m ?� m �j77N0 Dm CD .0m5o. d7 �L.a aN"7-'pl.�U0 S(n_ 3�� (A7 I • Y • a 1 NORTH r 3+ 6�. 6 OL � �9SSACHUs�t� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main St.,North Andover, MA on Tuesday the 10 day of September 1999, at 7:30PM to all parties interested in the appeal of Kenneth W. Rea, 44 Rea St., and Ralph R. Joyce, 94 Main Street,North Andover. Petitioner is requesting a Special Permit under Section 5, so as to permit review of a permit originally granted in August of 1963 which has been renewed and used continuously since that date. The permit is to allow for a gravel pit operation located at 44 Rea St. and the East Side of Chestnut St. Said premises affected is land and property with frontage on the West Side of Rea St., which is in the R-3 Zoning District. Plans are available for review at the office of the Building Dept., 27 Charles Street,North Andover, MA Monday through Thursday from the hours of 9:OOAM to 1:OOPM. By order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on 8/31/99 & 9/7/99. Ml/legalnotice/2 ff�m o N ID 0) E6 c °�•�7 N a is»ia�D N,m_N Z W M I �-1 p0� o .<•vca 707 cn' w m 3��to m c c a_. �m o 7',_,O OMZ CO c. cLmNmy�T mmw �7» 7--; °-'oO W-'59-aDO 0 -AB-* 7 o No nd y n� c °3 a�.< N .,EL m 70tn7o D a-U(D" `odm2•cn°wv Nwmo�o�»m�� 70�ov�' oN Wo0N"i0 -y °�c o�� m pf n3 m a�fD�ID X m rn�m'�° 7Jp1� 3 n�()ga7 =ZZ Z 3 N�D= o N ?mom m °��3.y o-w� 6���n o<°nCpO s m o'a"'�m.c ���N NON>j`z�°7�o_'0 � � Dc��„v'�vm0'n 0' cnycao °cmn°Q ym �fnmoCDCL0 �' 7zmdo���n�wv�D�m A � �N ON'w W 7(n�n N..N^w 7N?nm� .D�O� ��7 °c "20 CD � .11 ANN°' Dw��p'Sp �a-'m X70°»NN-'3 p)ID_ »t° jm' N N v77_mo >(n CD mm�n n7f CL u) ��>�70»�m7 - Rea Construction Kenneth W.Rea 44 Rea Street North Andover,MA 01845 978-686-7445 August 2,1999 Appeals Board,Town of North Andover 120 Main Street North Andover,MA 01845 C/O Robert Nicetta Dear Mr.Nicetta; The report of my earth removal operation is as follows;In the past four months I have removed 13,000 cu.yds. of material. I have also continued to reclaim the slope. Respectfully Submitted �eRea dl Rea Construction , Kenneth W.Rea 44 Rea Street North Andover,MA 01845 978-686-7445 4_ . February 16,1999 Appeals Board;Town of North Andover 120 Main Street North Andover,MA 01845 C/O Robert Nicetta Dear Mr.Nicetta; My quarterly report of my earth removal operation is as follows;In the past three months I have removed 2000 cu.yds. of material. I have reduced the height of the open face to be below 5 feet. Respectfully Submitted Kenneth W.Rea ,rf SEP 2 3 1999 BOARD OF APP ,A � t For A.M. Date Tlme P.M. WHILE YOU WERE OUT M Of ❑Phone ❑Fax ❑Mobile Area Code Number Extension TELEPHONED PLEASE CALL CAME TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL SPECIAL ATTENTION Message Signed 4 !' SEP 2 3 1999 � � KENNETH W. REA 44 REA STREET Fr-- N�- . - NORTH ANDOVER, MA 01845 .,,E September 21 , 1999 Town of North Andover ZONING BOARD OF APPEALS 146 Main Street North Andover, MA 01845 RE : APPLICANTS: KENNETH W. REA & RALPH R. JOYCE SPECIAL PERMIT: GRAVEL PIT REA & CHESTNUT STREETS Dear Members: Pursuant to our discussion at the meeting of September 14, 1999, please accept this letter to evidence the activity anticipated for the gravel pit in the forthcoming year . We are very hopeful , without warranting the same, that this is the last year that the gravel pit application will be submitted . The active area of the pit is on the Chestnut Street slope of the hill and we anticipate escavating all of the lots recently approved by the Planning Board late this fall and early spring . Restoration of the main slope of the pit is about 50% complete and the shaping and restoration of the active area will be ongoing in the same time frame . We are hopeful that this will complete the pit operation . I would recommend that we schedule a site review in the spring to review any restoration issues. If the Board has any further input at this time, please advise . your� enneth W. ����,�M. ,.+t DATE w TIMEi` rM. FOF / M _ PHONEEJ. G RETl CAL OF 0.V�,,,.�. YOUR CALL.. PHONE NUMBER EO A G L AREA CODE 09 MESSAG WILL CALL AGAIN. GAME T.O -SEE.YGU . of WANTS TO SEE YOU . Un;ye46003 MGLENNON MGL NNON Microsoft Outlook - Memo Style 12-04-01 03:06 ............................................... ......... ................. ............................ ........ ............................ ................. ........ .................... ........ ...................... ...................... ..................... .................... .................... ................... .................. .................. ............................ ............................ ............................. ............................ ............................. ............................ ............................. ............................... ................................. ................................. ................................... ........ ............................ ....... ............................ ........ ............................ ........ ............................ ........ ........................... ........................... ........ ........................... ........ ............................ .......... ............................ ..................................... ................................................. 3 • Received by Town Clerk : TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE F' Applicant MOZE d W. REA Address 44 BEA ST., NORTH 4WEIR, MA 1p R. Joyce Tel.. No. - 1 • Lor �' cation is here}y z ad',e : '1 a) F c r -a--va—_�e:n-e- r-fie-- e€-S !. ��� � Bylews . b) ' For a special r 5 1 p 1 Permit under Section Paragraph of the Zoning Bylaws . .: c) �,s-�- �ty Aggr3e�rec,- for--xevew--e -a--deee -- d -by the E.uil•ding- Inspector--or-other---a. 4x)-r_ ,. F � 2 • . a) Premises affected are ?and X and buildings) numbered M 44 szrn cmuEs,;T, • Street . b} _ Premises affected art arioperty with frontage on tr e North ( ) South ( } Fast ' ( } west �X) side of REA• i Street . - Street , treet . -Street , and known as No. ! 44 RFA STREET I Street . C) Premises a-fected are in ,Zoning District _B_3, and the s Premises affected have aarea. of 2h_6A('17R� square feet and frontGce of 90 *eet . 5 Rev. G'E. cE • K ai Name and address o� owner (if jc' rit ownership, give all games) KF i'H W. RSA RALPH R. JOYCE :Date- of r P irchase m-n�-Ra Pre v�ious Owner GILB� O. REA mti .-'rz e c k—hip/her i n t -�+^T - _ - - i C} - _ .- _ Ton. _ .5 . as there been. a =revlc s a=peal , under ZC,n_n�, pr, these P.-emises? YES If so, when? AMIAL REVIE y � . �?sCr:�t: O:i rJi relief soj,,q 2- cn ,"i—I s zetition 7 . Deed ,recorded in the Registry of Deeds I in Book 28858 pGoe --7.= Fag G - my �DL�l�cat� on are a . s . The principal points uron which I base _ _ fc_� lows : (m,:st be stated. in deta�?} THIS IS AN, APPLICATION FOR A OF P AUGUST' OF ':1963, WHICH HAS BEEN RM�'� AND USED �, K)USI..Y ELINCT nATF._ 7 ! r_l inG .Lea cdvert 1 w ' etc �IG Z-.ee to Day the - i • Ge^.-n7 enses* i eth W. Rea S:.S:,ature of -etlti (s) Ralp e DESCRIPTION OF VP.cIANCE REQUESTED ZONING DISTRIC'. : R-3 IRequired Setback h x-' stinc Setback Reiter or Area Icr Area Requested If ii� mac` iz e.^s i c F 1( i Area Str et Frontage Front Setback s I• Sibe Setback (s) c i i eLl Rear Setback l F Special P e--=t R e cu e s THIS IS AN APPLICATION FOR FOZEMAL OF A PE= ' ORIGn4AIM GW= IN AUGUST OF 1963, WHICH HAS MEN PMEN D AND USED CMTI'anJ ISLY SINCE THAT DATE. r cr - - LIST OF PARTIES OF INTEREST SUBJECT PARCEL MAP PARCEL - NAME ADDRESS 98A 7 KENNETH W. REA. 44 REA ST . ABUTTERS 98A 87 ROGER A . E- R I TA LUCEY 67 KARA DR . 98A 84 ALAN & i MAP I E SWAHN 95 KARA DR . 98A 83 WILLIAtl J . BOUGIOUKA.S• & LINDA. $ACQ-BOUGIOUKAS 105 K.APA I , 98A 82 P.'.;RC S E .LAURA V;. Jnr. ri-,'�_ 1 , 4.'� R 98A &i PETEP L) - - - - k.A i i i'F �.v BL } r, 98r 85 JOHN � - .r, .9 86 66 T : ,._ .3 I 98t 8 LESTER I E . DORn-. H . `'. _;N.- 4 PE" C'T . 98C 2SEA T01�JE+�: INC. 3v0 CHFS? tv, _ S� " C/O ONE ? :JVVN CENTER RD . g30,,) , SOCA RATC)N , F!. 33486 98C 29 BARRY & tiIAR I E E . O' HAGEt. 455 CHESTNU I ST . { 98C 84 WILLIAM! MILER 435 CHESTNUT ST , 98C 83 JOHN T,. & DIANA CORDNER 425 CHESTNUT ST . 98C 82 ROBERT, A & ANDREA L- O' BRIEN 415 CHESTNUT ST . 98C 66 JAMES T & 'AIL E . FINN 406 CHESTNUT ST . 98C 85 CRAIG & LO ETTA TAYLOR 445 CHESTNUT ST , 98C 110 DAVID & KA:3EN SCHULTZ - MAGUI RE 416 CHESTNUT ST . " 98A 9 WILLIAM P t, MARY, JANE _ WOODCOCK 130 REA ST . 98A 60 WENDY L . GALE 30 JAY RD. 98A 4 SUDARSHAN (t; KALPUNA CHATTERJEE � 42 JAY RD. 98A 59 ALLAN- MICH/,EL MARCUS 50 JAY RD . 98A 80 MARC L & EL-LEN SIMOSIER 137 KARA DP, . 98A 88 GLENN W & GLENDAIR PITTLUCK 59 KARA DR . 98A 58 PHILIP F & JOYCE-�SULLIVAN 66 JAY RD. 98A 93 DYKE S & DONNA Jj,40PRISSEY 9 KARA DR. 49 �iPeA r 175 7 R �P L",' 3U sON Fa El,ac..i �F • DIEL 6ON DUE G i:. NORTN r of` `,° 110 , + .$? .+ OL O — A SSAGHUS� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main St., North Andover, MA on Tuesday the 11th day of August, 1998, at 7:30 PM to all parties'interested in the appeal of Kenneth W. Rea, 44 Rea St., North Andover, requesting a Special Permit under Section 5, of the Zoning Bylaw so as to permit review of a permit originally granted in August of 1963, which has been renewed and used continuously since that date for a gravel operation located at 44 Rea Street and the East side of Chestnut Street, in the R-3 Zoning District. Plans are available for review at the Office of the Building Dept., Town Hall, 120 Main Street, Monday through Thursday, from the hours of 9:AM to I:PM. I LEGAL NOTICE TOWN OF B Order of the Board of eals, NORTH ANDOVER Y �p MASSACHUSETTS William J. Sullivan, Chairman BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main St., North Andover, Published in the Eagle Tribune on 7/28/98 & 8/4/98. MA on Tuesday the 11th day of August, 1998, at 7:30 P.M. to all parties interested in the appeal of Kenneth W. Rea, 44 Rea St., North Andover, legalnov/6 requesting a Special Permit under Section 5, of the Zoning Bylaw so as to Permit review of a permit originally granted in August of 1963, which has been renewed and used continu- ously since that date for a gravel operation located at 44 Rea Street and the East I side of Chestnut Street, in the R-3 Zoning District. Plans are available for review at the Office Building Dept., Town Hall, 120 Main Street, Monday through Thursday,from the hours of 9 A.M.to 1 P.M. By Order of the Board of Appeals, William J.Sullivan, Chairman ET — July 28; August 4, 1998 NORTN 3? o� ,SS^CMUSES TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main St., North Andover, MA on Tuesday the 11th day of August, 1998, at 7:30 PM to all parties'interested in the appeal of Kenneth W. Rea, 44 Rea St., North Andover, requesting a Special Permit under Section 5, of the Zoning Bylaw so as to permit review of a permit originally granted in August of 1963, which has been renewed and used continuously since that date for a gravel operation located at 44 Rea Street and the East side of Chestriuf Street, in the R-3 Zoning District. Plans are available for review at the Office of the Building Dept., Town Hall, 120 Main Street, Monday through Thursday, from the hours of 9:AM to 1:PM. I LEGAL NOTICE TOWN OF B Order of the Board of Appeals, NORTH ANDOVER Y pp MASSACHUSETTS William J. Sullivan, Chairman BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main St., North Andover, Published in the Eagle Tribune on 7/28/98 & 8/4/98. MA on Tuesday the 11th day of August, 1998, at 7:30 P.M. to all parties interested in the appeal of Kenneth W. Rea, 44 Rea St., North Andover, legalnov/6 requesting a Special Permit under Section 5, of the Zoning Bylaw so as to permit review of a permit originally granted in August Of 1963, which has been renewed and used continu- I ously since that date for a gravel operation located at 44 Rea Street and the East I side of Chestnut Street, in the R-3 Zoning District. Plans are available for review at the Office Building Dept., Town Hall, 120 Main Street, Monday through Thursday,from the hours of 9 A.M.to 1 P.M. By Order of the Board of Appeals, William J.Sullivan, Chairman ET — July 28; August 4, 1998 u �tt�ORT �.o e ,SS^GHUSEt TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main St., North Andover, MA on Tuesday the 11th day of August, 1998, at 7:30 PM to all parties'interested in the appeal of Kenneth W. Rea, 44 Rea St., North Andover, requesting a Special Permit under Section 5, of the Zoning Bylaw so as to permit review of a permit originally granted in August of 1963, which has been renewed and used continuously since that date fora gravel operation located at 44 Rea Street and the East side of Chestnut Street, in the R-3 Zoning District. Plans are available for review at the Office of the Building Dept., Town Hall, 120 Main Street, Monday through Thursday, from the hours of 9:AM to 1:PM. LEGAL NOTICE TOWN OF By Order of the Board of Appeals, NORTH ANDOVER MASSACHUSETTS William J. Sullivan, Chairman BOARD OF APPEALS Notice is hereby given that.the Board of Appeals Will hold a public hearing at the Senior Center, 120R Main St., North Andover, Published in the Eagle Tribune on 7/28/98 & 8/4/98. MA on Tuesday the 11th day of August, 1998' at 7:30 P.M. to.all parties interested in the appeal.of Kenneth W. Rea .44 Rea St., 1 North Andover, legalnov/6 requesting a Special Permit under Section 5,of the Zoning Bylaw so as to Permit review of a permit originally granted in August Of 1963, which' has:been renewed and used continu- ously since that date for a I gravel operation located at 44 Rea Street and the East side of ChestnutStreet,'in I the R-3 Zoning District. Plans are available for review 'at. 't e- Office Building Dept., Town all, 120 Main Street, Monday through Thursday,from the hours of 9 A.M.to 1 P.M. By Order of the Board ofAppeals, William J.Sullivan, Ch ET — July 28; August.4. 1998 Of PORT" �e O? b— .e O� 4 it r� 9e'�.if0•�,y.�y �SS^CHUSEt TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS r.. Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main St., North Andover, MA on Tuesday the 11th day of August, 1998, at 7:30 PM to all parties interested in the appeal of Kenneth W. Rea,44 Rea St., North Andover, requesting a Special Permit under Section 5, of the Zoning Bylaw so as to permit review of a permit originally granted in August of 1963, which has been renewed and used continuously since that date for a gravel operation located at 44 Rea Street and the East side of Chestnut Street, in the R-3 Zoning District. Plans are available for review at the Office of the Building Dept., Town Hail, 120 Main Street, Monday through Thursday, from the hours of 9:AM to 1:PM. LEGAL NO_ TOWN OF By Order of the Board of Appeals, NORTH HMASSACfiU VER TS William J. Sullivan, Chairman BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Published in the Eagle Tribune on 7/28/98 &8/4/98. MA i on Tuesday hei;in day of August, 1998, at 7:30 P.M, to all parties interested in the appeal of Kenneth W. Rea, 44 Rea legalnovl6 St., North Andover, requesting a Special Permit under Section 5,of the Zoning Bylaw so as to permit review of a permit originally granted in August :Of 1963, which has been renewed and used continu- ously since that date for a I gravel operation located at 44 Rea Street and the East side of Chestnut Street, in I the R-3 Zoning District. Plans are available for review at the Office Building Dept., Town Hall, 120 Main Street, Monday through Thursday,from the hours of 9 A.M.to 1 P.M. BoardOrder of o Appease William J.Sullivan, ET — July 28; August 4 � 11998 �. � �G��-� ��/YF .' f ,10RTIy '1 ?O'."90 '.. ti00 L_; 4 F�c�-I'tr 1',0*Id nLl:ii;Y_ ,N 9,RT H, A.N;I��Q'�' R SA G HUstit�� Auc 44 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Any appeal shall be flied within 1201 days after the NOTICE OF DECISION date of filing of this Notice Property: 44 Rea St. (GRAVEL PIT) In the Office of the Town Clerk. NAME: Kenneth W. Rea DATE: 8/12/98 ADDRESS: 44 Rea St PETITION: 027-98 North Andover, MA 01845 HEARINGS: 8/11/98 The Board of Appeals held a regular meeting on Tuesday evening, August 11,1998, upon the application of Kenneth W. Rea, 44 Rea St., North Andover, MA, requesting a Special Permit under section 5, of the Zoning Bylaw so as to permit review of a permit originally granted in August of 1963, which has been renewed and used continuously since that date for a gravel operation located at 44 Rea St., and the East side of Chestnut St., in the R-3 Zoning District. The following members were present: William J. Sullivan, Walter F. Soule, Raymond Vivenzio, Robert Ford, John Pallone. The hearing was advertised in the Lawrence Tribune on7/28/98 & 8/4/98 and all abutters were notified by regular mail. Upon a motion made by Raymond Vivenzio, and seconded by John Pallone, the Board voted to renew the Special Permit on the same terms as in effect and include the guide-lines set forth in the attached letter regarding a GRAVEL PIT. Voting in favor: William J. Sullivan, Walter F. Soule, Raymond Vivenzio, Robert Ford, John Pallone. BOARD OF IPIPEAL9 Willliam J. ullivan, Chairman Zoning Boa d of Appeals attachment decoct/1 t KENNETH W. PEA - 44 REA STREET NORTH ANDOVER, MA 01845 August 11 1998 Town Of North . dcver ZONING BOARD OF APP-ELS j 20 F.'.a i n St-r eet Nor Ar,c)ve• RE : SPECIAL PERMIT - PEA GPAVEL PIT REA AND CHESTNUT 'STREETS Dear 6oard' Mem4ers : Please recall that in prior years we adopted the practice of appending .. to your Decision anannualletter evidencing the review of the .gravel .. pit , and this letter- is intended for that purpose .. The annual on-site. review. this year was conducted in July with Mr .- Sullivan and Mr .' Rea rather than in June due to illness in the 6u.i.lding Inspector 's office. Last year 's letter j was dated July .8„ 1997 and- .I would address the issues raised last year as follows : 1 . I wit Lcontinue to file-quarterly reports indicating the total . number_ of yards mined from the pit during the present year: - t� 2 .- In the past we addressed the topography of the active area of the pi t with spot elevations arc j. engineering letters submitted from time tr: time . Thies. _year , on my own initiative , I conducted a fu; l � • is topographical survey on the area in anticipation .of subdividing the .parcel as the pit is phased out over the -next few years. I will submit this at the August ..meeting of the Board. 3. The site review did not present any issue-as to .the active area and the slope of the was addressed in prior years . . ; --4 . It continues to be .my position that fencing the active area of the .pit would be overly burdensome to me. 5 . _ The site review did not present any issues as to the i. open f ace of the `pit.;:area.`_ 6. There were no stumps located on site at the time of --.t he .July 1998 site review and my prior practice of removing stumps -off site. will continue. 7 . The issue of unregistered vehicles wa-= addressed in previous -years and is not an issue at present . 8 . The original bond certificate as required by the by-law has been submitted tcl the treasurer as in past years . 9 . Notice or the Decision of recorded in the North Essex Registry of Deeds on Decemoer 8 , 1997 F in Book 4911 , Page 29 . 10. Reclaimation of the active area of the pit was again advanced over last years work . It will continue to be °' my practice to .do such work in September and/or October of any given year..... ,, 11 . Irrespective of the specifications of the by-law, I will continue to not actively operate the site prior to 7 : 00 A .M. - - 12 . Issues of locating the active areas of the pit are completely addressed by my -.initiative in producing a complete topographic survey as discussed in number 2 above . 13 . ( formerly' ,item 14) The Board -did in fact expedite the annual review_ proAss , albeit a month' late_ due to illness, and I .request the next ar;nuai site review be scheduled for the second Wednesday in June , 1999 . 14. ' ( formerly item 15 )_ I again request that the Board acknowledge that Section 5 . 3, - Paragraph - 2 of the by-laws is addressed by the topographic survey submitted this year as well as .the one originally filed with the Board. Thank you for your continued cooperation. Very truly .yours Kenneth W. Rea I CCC111' NOV i 7 I99� 0/'.RD CSF APP.-- Rea Construction Kenneth W.Rea 44 Rea Street North Andover,MA 01845 978-686-7445 November 14,1998 Appeals Board,Town of,North Andover 146 Main Street North Andover,MA 01845 C/O Robert Nicetta Dear Mr.Nicetta; My, quarterly report of my earth,removal operation is as follows;In the past two months I have removed 3000 cu. yds. of material. I have reclaimed the area I have finished graded and have ceased that part of the operation for the season.I am still working on reducing the height of the open face to be well below 10 feet. ,Respectfully Submitted Kenneth W.Rea Rea Construction Kenneth W.Rea 44 Rea Street North Andover,MA 01845 6 978-686-7445 `~ BOARD OF APPS ,LS September 9,1998 Appeals Board,Town of North Andover 146 Main Street North Andover,MA 01845 C/O Robert Nicetta Dear Mr. Nicetta; My quarterly report of my earth removal operation is as follows; In the past four months I have removed 9000 cu. yds. of material. I have also finished graded more area which I will be reclaiming in the neat two months. I am working on reducing the height of the open face to be well below 10 feet. �e, ectfully Subed Kenneth W. Rea 5F p ---'—'�---'-'-__ ^ KENNETH W. REA - 4a RC:4 '0,;-ORTH ANDC)VER' M 4� 0184r, � � Augus t Tow: o+ F���� ' r �� � S��CI �L P!,,'I� � R E A A�D C-4EST N'UT S7 P,, -r Deur Boa rd fviem4ers � � " Please recall that in prior years we adopted the practice � of appending to your Decision an annual! letter evidencin� the ' review of the -gravel Pit , apd th� e le�ter is int �nded for � hat � purpcse . The ;annual on-site review this year was conducted in � July with Mr .- Sullivan and Mr . Pea rath*r than in June due to � il7nesa in the Buildin-g Inspector ' s offine . Lust year � a l *tter / � was dated July 8, ' 1997 and I would address the issues raised � a � r asfollows : laot y� | | � I will' continue to file quarterly reports /10 ~ dica� in� � � the total number of yards mined from th�-- pit during the present year - � � U 2Tn t he Past we the of 1hc � ac� � ve ares of T �� � pi � � a�p� * � atiuss 7 ',� � ` �eMe .ye�r . ow� init � �� ` �� ' � �ondued s fu � | topograph� cal survey on ��!e area in ontioipat ion o+ � � subdividing the parcel as the piL is phased out over � the next few years. I will submit this at the August ' meeting of the Board . � � 3 , The site review did not present any issue os to the � active area and the slope of the was eddra' sed in prior years . � ` � 4 ' It continues to be my Position that fencing the active area of the pit would be overly burdensome to � � ma. ' G . The site review did not present any issues as to the ' -open face bf..the 'pit_6rea. -- 6 ~There were no' 'stumps located on site at the time of --=-the y July 1998 - site review and my prior practice of -. removing stumps -off 'si.te will continue. ` 7 : The- issue -of :unregistered vehicles was addressed in previous .years and is not an issue at present . 8. The original bond certificate as required by the - by-law has been submitted to the treasurer as in past years . - � 9 . Notice .of the Decision of the Board nas recorded in -� - the North Essex. Regi•stry of- Deeds on December 8, 1997 r _ i n' Book 491 1 ; Pa-ge "29 . IX i 10. -Reclaimation of the active area of the pit was again - _ advanced .over last years work. It. will continue to be _ = my_ practice 'to '.do such -work - in' September and/ori.- October' of any given .year. 11 _ Irrespective of the specifications of the by-law, I will continue to not actively operate the site prior to 7 :00 A.M. • 12. _ Issues of locating 'the act i Ve 'areas of the pit' are _ . ..: completely addressed by my :initiative in producing a ' complete topographic survey as discussed in number 2 .. :- above.* _ , 13. ( formerly -item 14) T.-he- Board ,.did in fact expedite the annual •'review: `pro4ss, ^ ;albeit a month' late- due to ill ness,- and I '.request _the •next 'annual site `re'vi ew be scheduled for- the second Wednesday in June, 1999 . 14. � -(formerly item 15 )- 1 again request -that the Board acknowledge that Section _5 .3, - Paragraph 2 of the by-laws is' -' addressed by ` the topographic survey - submitted - this year as -well_ as..the one originally i led with _the Board. T Thank you for your continued cooperation. _ - - `Very rt ru l y .you rs - _ -Kenneth W. Rea Post-It'm brand fax transmittal memo 7671 #of pages ► To ,� Cf /!/�(/✓f` From �7,4 FAX co. ,vL /rivTi� Co. 2 /3 Dept. V Phone# Fax# 15"f� Fax#4;5 O TO: Lawrence Eagle Tribune Legal Notice Department FROM: Mary Leary-Ippolito DATE: 7/23/98 Leslie, Per our phone conversation of today, I have attached a fax regarding Kenneth W. Rea, 44 Rea St., North Andover. I have left two phone message for Mr. Rea to make sure he contacts the Tribune in order meet the deadline of 4:00 PM today. Mr. Rea has not'confirmed receipt of my messages. If you would like to reach him by phone his number is: 978-686-7445, please feel free to do so. Thank you for your assistance in this matter. Mary i 6CA. &Rita Lucy William Miller Marc&Ellen Mosier 67 Kara Drive 435 Chestnut St. 137 Kara Dr. North Andover,MA 01845 North Andover,MA 01845 North Andover,MA 01845 Alan&Marie Swahn 95 Kara Drive John&Diana Cordner Glenn&Glenda Pittluck North Andover,MA 01845 425 Chestnut St. 59 Kara Dr. North Andover,MA 01845 North Andover,MA 01845 Linda Saco-Bougioukas Robert&Andrea O'Brien 105 Kara Dr. 415 Chestnut St. Philip&Joyce Sullivan 66 Jay Rd. North Andover,MA 01845 North Andover,MA 01845 North Andover,MA 0I845 Marc&Laura Freedman James&Gail Finn Dyke&Donna Morrissey 119 Kara Drive 406 Chestnut St. 9 Kara Dr. North Andover,MA 01845 North Andover,MA 01845 North Andover, MA 01845 Craig&Loretta Taylor Peter&Kathleen Bennett 127 Kara Drive 445 Chestnut St. North Andover,MA 01845 North Andover,MA 01845 John&Patricia Morrison David&Karen Schultz-McGuire 87 Kara Drive 416 Chestnut St. North Andover,MA 01845 North Andover,Ma 01845 William&Mary Jane Woodcock Jesse&Beth`Perkins 130 Rea St. 79 Kara Drive North Andover,Ma 01845 North Andover,MA 01845 Lester&DorothyYoung g Wendy Gale 114 Rea St. 30 Jay Rd. North Andover,MA 01845 North Andover,MA 01845 Beltwist Dev, Trust Sudarshan&Kalpuna Chatter ee c/o Robert Bonds 42 Jay Rd. 120 Chandler St. North Andover,MA 01845 Boston,Ma 02116 Barry&Marie O'Hagen Allan Michael Marcus 455 Chestnut St. 50 Jay Rd. /labelabutt North Andover,MA 01845 North Andover,MA 41845 I g „A� TOPS j CI <i � IUL 15 Rece-ived by Town Clerk : " a - TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant KL''`=i W. REA Address , 44 REA ST. , NORTH ANIDDv-E�? Tel - No . - - 5 a spec; al Pe,m t under Section S .pG rGCrG^i" CF the L.C.-in: Bylaws . C) S �- pc'_tV -rT ggriei:ed,--fdr-zee-ew ^� -a -dec ?-Or-F;:ad -�y the Bu; ldlnci lnspeczor_-or 2 : 2; remises alf ected are 12:1C X and build-inc(s) s I1L'ilbereQ Ad RFS SiRFf �t,eet . �) Premises G--E^_ted are Droper- -v- t, ij h front2Ce o_.n - ti North - - - e ( ) Scu•th ( ) East ( ) wast t{}{} s_de or F:EA Street . , Street , and known_ as No. 44 RFA mREET C) Premises c_ =ecC eC crF z;- e--:_ses G- -ec-ed Nave c_, -` e- t- - - - C , R Ci= G 06 5 . �= - r 3. Ownership: a) Name and address of owner (if joint ownership, give all names) : KENNETH W. RFA _ a Gate of Purchase �i-�"�-AQ Previous Owner G]aJ= O. RFA his/her b) 1. If—e^_ np-- nti-at]r „ },er- �F':tBs� �-Z �..Ic _ - an - - to c-r G` - _�3'✓QX.LTi 8 t o- o-� � —�i-�-c- v-=r. . b) se-st- _ca, Ln�e= zoz g, on D=2"' scs . YES I= so, w-e` ' A? ?yT1AT, RFV TF;� De _�tior: o� relie" so`�c, = c� 5 . sc_ - - ; S Book 7 . - Deed =ECC=CeG 1T1 Z_:e Fec15t-"_J Oi Deedeee 1 ? r cation a--.e as The vYi'-C- _ base ,;,1. �._^✓�-- THIS IS AN APPLICN-I I011 FOR �A RE:�49-AL OF A PE.—UiT OR- -I L.Y Ci�t�''= a ;M AND US � T`T( c{ �;�'_;T': � IT' r-I 7,7 r J . DESCRIP'T'ION OF VARIANCE REQUESTED ZONING DISTRICT: R-3 Required Setback Existing Setback Relief or Area or Asea Requested Lc~ Di=e:sic= Area Street _ rcntage _ Front Setback Side Setback (s) I - i =ear Setback - t - R e c a e s t : THIS IS AN APPLICATION 'rt�R"MZNV F1L OF A PF.Ffifii I' ORIGINkUY GRA= IN ALA= OF 1963, VNICH HAS ( BEN RDOeM AMID USED OON'IITINUOUSLY SINN T WL DATE. LIST OF PARTIES OF INTEREST it SUBJECT PARCEL MAP PARCEL NAME ADDRESS 98A 7 KENNETH W. REA 44 REA. S i . NO. ANDC,% z P ABUTTERS 98A 87 ROGER A . & RITA LUCEY 67 KARA DR . 98A 84 ALAN & MARIE SWAHN 95 KARA DR . 98A 83 WILLIAM J . BOIJGIOUKAS & LINDA SA''0-BO'JGIOUKAS 105 KAPA DR . 98.A 82 MAR':. S . & LA'JF?A r;. FREED!."A.t: , Q KAP4 :�7-. . 9El 81 Pr TCP, N. . KG.- i cEld "s,r. _ aS I T �. ,[• !_ E S ER E - r 8 c 2 - C./O ROBERT R„:.,tDS C 120 CH[,I; I EP S i W) 98C 29 BARRY L & MA.k I F E . W RAGE! 4E F CHE`TN!J i S7 98C 84 WI L L I AM NAI L L E R 45.5 CHESTNUT S T . 98C 83 JOHN T . & DIANIL CORDNER 425 CHESTNJT ST . 98C 82 ROBERT A & ANDREA L O' BRI EN /-15• CHESTNUT ST. 98C 66 JAMES T & GAIL E . FINN: 40C CHESTNUT ST . 98C 85 CRAIG &. LORETTI, TAYLOR 447 CHESTNUT ST , 98C 110 . DAVID & KAREN SCHULTZ- - MAGUIRE 416 CHESTNUT S; 9 8 A 9 WI !LIANA P & MIARY JANE WOODCOCK 13C-, REP. ST . 98A 60 WENDY L . GALE 30 JAY RD . ” 98A 4 SUDARSHAN & KA!--PUNA s CHA.TTERJEE 42 IA.Y RD. " 98A 59 ALLAN MICHAEL HARCUS 50 JAY RD . 98A 80 MARC L & ELLEN S MOSIER 137 KARA DR . 98A 88 GLENN W & 'GLENC)A, R PITTLUCK 59 KARA DR . 98A 58 PHILIP F & JOYCE SULLIV4N E•6 JAY RD . 98A 9 i DYKE S & DONNA J N/GRRISSEY 9 F LRA DP , Sc I A. &Rita Lucy 'William Miller I Marc&Ellen Mosier I 67 Kara Drive 435 Chestnut St. 1137 Kara Dr. North Andover,MA 01845 .North Andover,MA 01845 North Andover,MA 01845 Alan&Marie Swahn } - John&Diana Cordner Glenn&Glenda Pittluck 95 Kara Drive I ; I 425 Chestnut St. 59 Kara Dr. North Andover,MA 01845 North Andover,MA 01845 North Andover,MA 01845 II I i Linda Saco-Bougioukas Robert&Andrea O'Brien 'Philip&Joyce Sullivan 105 Kara Dr. 415 Chestnut St. I 66 Jay Rd. North Andover,MA 01845 i I North Andover,MA 01845 North Andover,MA 01845 Marc&Laura Freedman <i (James&Gail Finn { Dyke&Donna Morrissey 119 Kara Drive406 Chestnut St. 1 9 Kara Dr. North Andover,MA 01845 North Andover,MA 01845 North Andover,MA 01845 I ' - Craig&Loretta Taylor -- < -- — - -— { Peter&Kathleen Bennett 445 Chestnut St. 1 127 Kara Drive 1 1 North Andover,MA 01845 1 North Andover,MA 01845 I II � I John&Patricia Morrison David&Karen Schultz-McGuire I I , 87 Kara Drive 416 Chestnut St. North Andover,MA 01845 North Andover,Ma 01845 i1 I I William&Mary Jane Woodcock Jesse&Beth Perkins 130 Rea St. 79 Kara Drive North Andover,Ma 01845 North Andover,MA 01845 - - - ---- - - 1 — -- - - - -jl 1_> ----- { Lester&Dorothy Young I Wendy Gale 114 Rea St. 30 Jay Rd. North Andover,MA 01845 North Andover,MA 01845 1 I ! i �Beltwist Dev. Trust Sudarshan&Kalpuna Chatterjee c/o Robert Bonds l 42 Jay Rd. 120 Chandler St. North Andover,MA 01845 Boston,&Marie O Ha en Allan Michael M Barry g Marcus I 455 Chestnut St. 50 Jay Rd. /labelabutt North Andover,MA 01845 North Andover,MA 01845 i I � I (444 oll, 444 (444 A�RY 409�Y (4409 �q�Y (4q 7V 9 0 6�woe� i,,:•�� ...,.,,ri.:. ,._.�_.____---,. E JOYCE NRMAW TOWN CLERK NORTH _ NORTH ANDOVER' ?oe�t,.o - JUL 22 2, 52 �9SS S�� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION: 44 REA STREET, NORTH ANDOVER , MA The Board of Appeals held a regular meeting on Tuesday evening , July 8 , 1997 upon the petition of Kenneth Rea requesting a Special Permit under Section 5 , of the Zoning By Laws as to permit renewal of Pit Permit originally granted August of 1964 and used continuously since that date on the premises located at the west side of Rea Street and the east side of Chestnut Street of 44 Rea Street . A The following members were present and voting : Scott Karpinski , Ellen McIntyre , William Sullivan , Walter Soule and Raymond Vivienzio . The hearing was advertised in The Eagle Tribune on 6/3.4/97 and 7/1/97 and all abutters were notified by regular mail . Upon a motion by Scott Karpinski and seconded by Ellen McIntyre , the Board of Appeals unaminously voted to GRANT the Special Permit renewal of a Pit Permit subject to the conditions as outlined by Kenneth Rea ' s letter of July 8 , 1997 detailing specific steps to be taken during this year in keeping with the By Law. See attached referenced letter . This Special Permit is issued by the North Andover Zoning Board of Appeals this July 8 , 1997 . and governs the operation of the ' locus from one year thereafter . Upon expiration of this period , this Special Permit shall become null and void without the obligation to confirm or certify compliance herein . Nothing in the Special Permit shall require the title holder , or their heirs , successors or assigns to furnish any certificate of compliance or other evidence so as to purge the record title and no encumbrances as to good and clear record title or to marketable title is intended or implied . Vote unanimous . Voti-n- in favor were Scott Karpinski , Ellen McIntyre , William Sullivan , Walter Soule , and Raymond Vivienzio . BOARD OF APPEALS WILLIAM SULLIVAN CT NORTH O A �SS US�� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Stevens Memorial Library located at 3.45 Main Street, North Andover, MA. on Tuesday the 8th day of July 1997 at 7: 30 o' clock P.M. to all parties interested in the appeal of Kenneth Rea of 44 Rea St North Andover requesting a Special Permit under Section 5 of the Zoning By Law so as to permit renewal of a Pit Permit originally issued in 1963 and used continuously since that date on the premises located at the west side of Rea Street and east side of Chestnut Street. By the Order of the Board of Appeals William J. Sullivan, Chairman Publish Lawrence Eagle Tribune 6.24 .97 & 7 . 1. 97 The applicant is responsible for payment of the legal fee t IEGAL,N�Tk:ETOWN NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a pub- lic hearingat the Stevens Memorial Library located at 34, Main Street, Nor -h Andover,MA.on TuesSaj+ the 8th day of July 1997 at 7:30 o'clock P.M.to,.a•II Parties interested in the' appeal of Kenneth Rea of,Rea St., North Andover requesti . ng Special Permit under Sect tion 5 of the Zoning By LAW so as to permit renewal # a Pit Permit originally issued in 1963 and used continuously since th. date on the premise,, located at the west side of Rea Street and east side of Chestnut Street. By the Order of the Board of Appeals William J.Sullivan, Cl�air!!a�111 — June 24; t 7 �"�F• F � REA CONSTRUCTION KENNETH W. REA 44 REA STREET NORTH ANDOVER, MA 01845 (508)689-2914 f. November 7, 1997 Appeals Board,Town of North Andover 146 Main Street North Andover,MA 01845 C/O Robert Nicetta Dear Mr.Nicetta; My quarterly report of my earth removal operation is as follows; In the past three months I have removed 6500 cu.yds. of material. I have continued sloping the East side to final grade and have reclaimed approx. 10,000 sq.ft.of area.I also have been in touch with the surveyor to document the area.When his survey comes in I will forward it to you. Respectfully Sub 'tted Kenneth W.Rea I NOV 71997 z REA CONSTRUCTION KENNETH W. REA 44 REA STREET NORTH ANDOVER, MA 01845 (508)689-2914 August 3, 1997 Appeals Board,Town of North Andover 146 Main Street North Andover,MA 01845 C/O Robert Nicetta Dear Mr.Nicetta; My quarterly report of my earth removal operation is as follows; In the past three months 1 have removed 5000 cu. yds. of material. I have continued sloping the East side to final grade. Respectfully Submitted Kenneth W. Rea AUG 8 1997 REA CONSTRUCTION KENNETH W.REA 44 REA STREET NORTH ANDOVER, MA 01845 (508)689-2914 t May 3,1991 Appeals$oard;Town of North Andover 146 Main Street North Andover,MA 01845 700 Robert Nicetta Dear Mr.'Nketta; My quarterly report of my earth removal operation is as follows; . In the past three months I have removed 1000 cu.yds. of material. I have cut trees to the limit I intend to.Enclosed find another topographical survey as requested. Respectfully Submitted Kenneth W.ReaIn I MAY 7 097 1 . ' s i { SEA CONSTRUCTION . . KENNETH W. REA �. 44 REA STREET NARTH ANDOVER, MA 01845 . . ' . +; :J)689-2914 January 30, 19/)7' Appeals Board,Town of North Audov4,r - ` - 146 Main Street - North Andover,MA 01845 �q. C/O Robert Nicetta;. Dear Mr. Nicetta• ?: My quarterly report of my earth removal operation is as follows; j In the past three months I have removed 800 cu.yds. of material.The surveyors have completed their work and I have-enclosed a topographical survey as done by Owen Haskell,Inc: , Res ectfully Submitted Kenneth W.Rea 31 w RECEIVED JOYCE BRADSHAW TOWN CLERK NORTH _ NORTH ANDOVER °f,, - �? °L O A JUL 22 2 52 P �9SSAC HUs�t� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION : 44 REA STREET, NORTH ANDOVER , MA The Board ' of Appeals held a regular meeting on Tuesday evening , July 3 , 1997 upon the petition of Kenneth Rea requesting a Special Permit under Section 5 , of the Zoning By Laws as to permit renewal of Pit Permit originally granted August of 1964 and used continuously since that date on the premises located at the west side of Rea Street and the east side of Chestnut Street of 44 Rea Street . The following members were present and voting: Scott Karpinski , Ellen McIntyre , William Sullivan , Walter Soule and .Raymond Vivienzio . The hearing was advertised in The Eagle Tribune on 6/2.4/97 and 7/1/97 and all abutters were notified by regular mail . Upon a motion by Scott Karpinski and seconded by Ellen McIntyre , the Board of Appeals unaminously voted to GRANT the Special Permit renewal of a Pit Permit subject to the conditions as outlined by Kenneth Rea ' s letter of July 8 , 1997 detailing specific steps to be taken during this year in keeping with the By Law. See attached referenced letter . This Special Permit is issued by the North Andover Zoning Board of Appeals this July 8 , 1997 and governs the operation of the ' locus from one year thereafter . Upon expiration of this period , this Special Permit shall become null and void without the obligation to confirm or certify compliance herein . Nothing in the Special Permit shall require the title holder , or their heirs , successors or assigns to furnish any certificate of compliance or other evidence so as to purge the record title and no encumbrances as to good and clear record title or to marketable title is intended or implied . Vote unanimous . Voting in favor were Scott Karpinski , Ellen McIntyre , William Sullivan , Walter Soule , and Raymond Vivienzio . BOARD OF APPEALS WILLIAM SULLIVAN J 1 REA CONSTRUCTION KENNETH W.AEA 44 REA STREET NORTH ANDOVER,MA 01845 (508)689-2914 July 8, 1997 Town of North Andover ZONING BOARD OF APPEALS 120 Main Street North Andover , MA 01$45 RE : SPECIAL PERMIT - REA GRAVEL PIT REA AND CHESTNUT STREETS . . ,Dear Board Members Please recall that in the 1996 review of thq above-cited Property, we agreed to expedite the hearing process and scheduled a site review for June 11 , 1997 , ' The review transpired with Board Members Walter. Soule and William Sullivan meeting on site . We reviewed the letters submitted -to th•e Board August 12 and 14 , 1996 , which were intended to establish a reference point for this year ' s and subsequent reviews . Accordingly , I formatted this letter by addressing each paragraph of the previous letters together with the input that I received from the site review. This letter will then serve as the blueprint for' next years review of the special. permit for the gravel pit . 1 . The issue of quarterly reports was addressed last year by my assuming responsibility to file the same . I filed quarterly reports during the course of this last year indicating the total number of yards mined from the pit during each quarter . It is my intent to continue this practice for the current year . 2 . The issue of .updated .plot plans was addressed by not only the letter from a registered land surveyor but I also submitted a topographic survey dated October 27 , 1996 and revised on November 27 and December 17 , i 1996 . This . plan _establishes * a very good reference point for the , Board to see the migration of the active area. This area is likewise indicated on the locus detail ., of the plan and the site review confirmed ' that the active area is substantially diminished . It further establishes the approximate location ..of areas reclaimed . It is my intent to update this plan on an annual basis and file the same with the reports as specified in the previous paragraphs. f S REA CONSTRUCTION KENNETH W. REA 44 REA STREET NORTH ANDOVER,MA 01845 (508)689-2914 3 . The site review addressed the issue of the slope of the active area. It is obvious that the overall appearance of the pit has a substantially diminished sightline in .that the active area is becoming smaller and the slope of the active area was reduced . 4 . It continues to be my position that fencing the active area of the pit ,kould be overly burdensome to me . 5 . The site inspection likewise indicated that the open face of the pit has been substantially reduced in size . 6 . The site review indicated that there were only two or three stumps loca.t•ed on site . as of the June 11. , 1997 meeting and ; that the previous year ' s stumps were removed from the property. 7 . The issue of . unregistered vehicles and farm vehicles was addressed in previous years by removing the same from the active pit area . 8 . The original bond certificate as required by the by- law has been submitted to the Treasurer as in past years . . 9 . The ljotice of Decision issued by the Board last year was r corded on October 22 , 1996,, as Instrument #27522 in the North Essex Registry of Deeds . I will again record this year ' s Notice of Decision but request that the Board put into your decision the same language as was used last year for the purposes 'of clearing title from year to year . 10 . The active area of reclamation is indicated on the topographic survey. dated. October 27 , 1996 as revised and . the site review confirmed that substantial . progress was made in reseeding and reclaiming areas that. were previously active .. I will again this year reclaim any used Areas . and seed prior to frost . r REA CONSTRUCTION KENNETH W.REA 44 REA STREET NORTH ANDOVER, MA 01845 (508)889-2914 11 . Irrespec'fiv,e as to the specifications in , the by-law, I will , continue to not actively operate the site prior to 7 ; 00 Aem. In addition'. to the items .enumerated above in the letter of August 12 , 1996 , there were four items 'outlined in the August. 14 letter ; which for the purposesof consolidating this formE,t , I renumberel as items 12 , 13 , 14 , and 15 . 12 . The Plan dated October 27 , 1996 and revised November 2" and December 171 will be supplemented in the forthcoming year . I well locate the elevations at the four corners of the reclaimed area as well as the elevation in the center of the reclamation area: The toe of the slope and the top of the slope will again be located as well as the open face and the height of the the open face . I will submit a letter with a revised plan . towards the end of this present construction season . r 13 . Quarterly reports were addressed - in paragraph 1 above And , as this is redundant , I will drop this paragraph in future years . 14 . The Board did , in fact , expedite the annual review process by scheduling the site review t g prior to the Public . hearing . I request that we continue to employ this ethod and schedule : the same for the second Wednesday in June , 1998 . This substantially cut down the time and expense in 'review of this permit , j 15 . I again request that the Board acknowledge that Section 5 . 3 Paragraph 2 of the by- law is addressed by my intent to revise the topographic survey as above-specified together with . the 1976 plan as was originally filed with this Board . Thank you for your continued cooperation. Ve y .t.ru I rs ; Kenneth ,W. Rea REA CONSTRUCTION KENNETH W. REA 44 REA STREET NORTH ANDOVER, MA 01845 (508)689-2914 July 8 , 1997 Town of North Andover ZONING BOARD OF APPEALS 120 Main Street North Andover , MA 01845 F1. SPErIA1: TS RIA GP.�VFI Fl REA AND r'►SLS I'\f_"i' STRKT. Dcar Board Members : Please recall that in the 1996 review of the above-cited Pri>perty , we agreed to expedite the hearing process scheduled a site review for June 11 , and 1997 . The review t rc,nspi red with Board, Members WA I ter .Soule and William Sullivan meeting on site . We reviewed the Au< letters submitted to the Board ust 12 and 14 , 1996 , which were intended reference point to establish a for this year ' s . and subsequent reviews . Accordingly , I ' formatted this letter by addressing each paragraph of the previous letters together with the input that I received from the site review. This letter will then serve as the blueprint for next years review of the special permit for the gravel pit . 1 . The issue of quarterly reports was addressed last year by my assuming responsibiliti to file the same . I filed quarterly reports during the course of this last year indicating the total nuniber of dards mind from the pit during eachT continue this practice fquarter . It is my intent to or the current year . 2 • The issue of updated plot plans was addressed by not only the letter from a registered land surveyor but I also submitted a topographic survey dated October 27 , 1996 and revised on November 27 and December 17 , 1996 . This plan establishes a very good reference point for the Board to see the migration of the active area . This area is likewise indicated on the locus detail of the plan and the site review confirmed that the active area is substantially diminished . It further establishes the approximate location of areas reclaimed . It is my intent to update this plan on an annual basis and file the same . with the reports as specified in the previous paragraphs . REA CONSTRUCTION KENNETH W. REA 44 REA STREET NORTH ANDOVER, MA 01845 (508)689-2914 3 . The site review addressed the issue of the slope of the active area . It is obvious that the overall appearance of the pit has a substantially diminished sightline in tl-at the active area is becoming smaller and the slope of the active area was reduced . 4 . 1t contir1ues to he niy posi ion that fencing tl)e• active «ger; of the pit X�,.(-)uI' d b.: o\ ci I turcle;� omc to me . 5'. The site• insp ,ct ion I il:rai L u iriliica1, e l that t `te c1�rr face of the pit has been - )stant ial ] � red, aced i 1 size . 6 . The site review indicated that there were only two or three stumps located on site a, of the June 11 , 1997 meeting and that the previous year ' s stumps were removed from the property . 7 . The issue of u>>registered vehicles and farm vehicles was addressed in previous years by removing the same from the active pit area . 8 . The original bond certificate as required by the by- law has been submitted to the Treasurer as in past years . 9 . The Notice of Decision issued by the Board last year was recorded on October 22 . 1996 as Instrument #2'522 in the North Essex Registry of Deeds . I will again record this year ' s Notice of Decision but request that the Board put into your decision the same • language as was used last year for the purposes of clearing title from year to • e«r . 10 . The active area of reclamation is indicated on the topographic survey dated October 27 , 1996 as revised and the site review confirmed that substantial progress was made in reseeding and reclaiming areas that were previously active . I will again this year reclaim any used areas and seed prior to frost . r i l REA CONSTRUCTION KENNETH W. REA 44 REA STREET NORTH ANDOVER, MA 01845 - (508) 689-2914 11 . Irrespective as to the specifications in the by- law. I will continue to not <�ctively operate the site prior to 7 : 00 A . M . In addition to the items enumerated above in the letter of August 12 , 1996 , there were four items outline 14 letter , which for the ,c d in the Aug ,st Puri �S� o, ccr:�ol id<< t I renumbered as i int this format. t e.r.+s 1 ? , l ? , a . c] i � . 1 ? . The Plan clatecJ , :,,�,; reg iced '�ovembr�r a anti I:)ecemhc - r 1 - 1,p 1 err en ed i n t he forthcomint ycar • I ,ki ] ] ! oc-. te the eIt, at. ions at the four corners of the reclaimed area as ue ] 1 as the elevation in the center of the reclamation area . The toe of the slope and the top of the s be lope will again located as well as the open face and the height of the the open face . I will submit a letter with a revised plan towards the end of this Present construction season . 13 . Quarterly reports 'were addressed in paragraph 1 above and , as this is redundant , I will .drop this .paragraph in future years . 14 . The Board did , in fact , expedite the annual review Process by scheduling the site review prior to the public hearing . I request that we continue to employ this meth§d and schedule the same for the second Wednesday in June , 1995 . This substantially cut clown the time and expense in review of this permit . 15 • 1 again request that the Board acknowledge that Section 5 . 3 Paragraph of the by- law is addressed by . MN intent to revise the topographic survey- as above-specified together with the 19715 plan as was originally filed with this Board . Thank you for your continued cooperation . Ve y truly rs , Kenneth W. Rea 4�EC e.1`J�.DN AW f, JOYCE BRAC. TOWN CLERK NORTH ANDOVER Rece_ver� �lT r03� erk : TOWN OF NORTH ANDOVER, MASSACHUSETTS" BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant KENNETH W. REA Address 44 REA ST. , NORTH ANDOVER, MA Tel. No. - i :plication is hereby rade : - Paragraph- +able h) Por a special Permit under Section_ 5 Paragraph aag_Gph r of the Zoning Bylaws . _ c) -A-s a- Party-Aggrieved, for- �-- ,review r oa pec i�i oFs---made-by the Building Ir_spector-a.-�--a;. er-a;�th�r} i 2 . a) Premises affected are land x numbered and building (s) Street . �) Premises affected are Drol)6rt Wi h r North ( ) South ( ) E_— ( ) est frontage on REAe kx) side of Street . Street, and known as -No. 44 RFA STREET Street . c) Premises affected are in Zon.na District �, pre.a,_ses affected have - - - 3, s:- d the a1G e an G.EG c� ��_� ACRFS s�.:a_e -ee- a'1C -�"O%ta_e 02 � fcct - ti _ 4 I 3 . Ownership: - a) Name and address of owner (if Joint ownership, gave all names) KTfI W. RFA ' r GIFT O. PEA � ��-p'�-RQ— Previous Owner Date of PUrcl-±a_e is/her b) 1 . ­F-epp1-=-cam: - u _ -fe:- �encef Sec;a�--re t C _z b) pcEupane-v--6r-�s e-�--each-r=-aor` under zonir_g, on these 5 :.as t_ne=e been a =�evioif se, when? a.peal ,' AnTNrt L Premises? YES - IT �escri^.tion of rel4e: cam. t-`-=s pe- ition 6 . _ of Deeds in Book 28fi& Pace ��- 7 . Dec recorded in she negist_--: — -.SgIC The Frl^_Cl ,a poi--..s upon w ich base m'_✓ appicat-cn are' as Z bE Stated de ocwC T . t OF A PERPZIT ORIGIDIAI,LY THIS 1S AN APPLICATION FOR A RENF��� _CO AUGUST OF 1963, WHICH HAS BEEN ADID USED =_. �`'' CVE- f rte_ _ ews,✓cJe= and incc�e-• Gl expE:_E__� Jl � �G 7 - /fjf/ • F ✓ ' DESCRIPTION OF VARIANCE REQUESTED ZONING DISTRICT: R-3 Required Setbadk Existing Setback Relief or Area or Area Requested Lot Dime^sion r Area Street Frolage Y Front Setback Side Setback(s) 4 j Rea: Set]Dack - Sp e c i a_ P e--=t Re cae s t: THIS IS AN APPLICATION FOR MMML OF A PERMIT ORIGH,P= MANIED IN AUGUST OF 1963, VMCH HAS BEEN RENEWM AMID USED OONTINUOUSLY SIMM THAT DATE. S • 1( 1 f LIST OF PARTIES OF INTEREST SUBJECT PARCEL MAP PARCEL NAME ADDRESS 98A 7" KENNETH W. REA 44 REA ST. NO. ANDOVER ABUTTERS 98A 87 ROGER A. & RITA LUCEY 67 KARA DR. " 98A 84' ALAN & MARIE SWAHN 95 KARA DR. " 98A 83 WILLIAM J . BOUGIOUKAS & LINDA SACO—BOUGIOUKAS 105 KARA DR. of 98A 82 ROBERT & BARBARA DORSEY 119 KARA DR. to 98A 81 PETER K. AND KATHLEEN D. BENNETT 127 KARA DR. ft ' 98A 85 JOHN & PATRICIA MORRISON 87 KARA DR. it 98A 86 JESSE B. & BETH PERKINS 79 KARA DR. to 98A 8 LESTER E. . & DOROTHY YOUNG 114 REA ST. It 98C 2 BELTWIST DEV. TRUST 300 CHESTNUT ST. of C/O ROBERT BONDS e 120 CHANDLER ST. , BOSTON 02116 98C 29 BARRY L & MARIE E. O'HAGEN 455 CHESTNUT ST. it 98C 84 WILLIAM MILLER 435 CHESTNUT ST. to 98C 83 JOHN T. ,& DIANA CORDNER 425 CHESTNUT, ST. of 98C 82 ROBERT A & ANDREA L O'BRIEN 415 CHESTNUT ST. 98C 66 JAMES T {& GAIL E. FINN 406 CHESTNUT ST. it 98C 85 CRAIG & LORETTA TAYLOR 445 CHESTNUT ST. to 98C 110 DAVID & KAREN 'SCHULTZ — MAGUIRE 416 CHESTNUT ST. to 98A 9 WILLIAM P & MARY JANE WOODCOCK 130 REA ST. of 98A 60 WENDY L., GALE 30 JAY RD. of 98A 4 SUDARSHAN & KALPUNA CHATTER.TEE 42 JAY RD. of 98A 59 ALLAN MICHAEL MARCUS 50 JAY RD. to 98A 80 MARC L & ELLEN S MOSIER 137 KARA DR. 98A 88 GLENN W & GLENDA R PITTLUCK 59 KARA DR. it 98A 58 PHILIP F & JOYCE SULLIVAN 66 JAY RD. it 98A 93 DYKE S & DONNA J MORRISSEY 9 KARA DR. it i i G�/G�Y7 1 I I &Rita Lucy \' William Miller Marc&Ellen Mosier 67 Kara Drive 435 Chestnut St. 1137 Kara Dr. North Andover,MA 01845 North Andover,MA 01845 North Andover,MA 01845 I Alan&Marie Swahn --- .� -- - - - - � ----- < ' 95 Kara Drive John&Diana Cordner Glenn&Glenda Pittluck I i North Andover,MA 01845 425 Chestnut St. 59 Kara Dr, North Andover,MA 01845 North Andover,MA 01845 Linda Saco-Bougioukas I ' Robert&Andrea O'Brien 105 Kara Dr. 415 Chestnut St. Philip&Joyce Sullivan 66 Jay Rd. North Andover,MA 01845 1 North Andover,MA 01845 North Andover,MA 01845 Marc&Laura Freedman James&Gail Finn Dyke&Donna Morrissey 119 Kara Drive 406 Chestnut St. 1 9 Kara Dr. North Andover,MA 01845 North Andover,MA 01845 North Andover,MA 01845 Ij Craig&Loretta Taylor Peter&Kathleen Bennett 445 Chestnut St. 127 Kara Drive North Andover,MA 01845 North Andover,MA 01845 ' I John&Patricia Morrison David&Karen Schultz-McGuire I 87 Kara Drive 1 416 Chestnut St. 1 North Andover,MA 01845 North Andover,Ma 01845 i 'William&Mary Jane Woodcock Jesse&Beth Perkins 130 Rea St. 79 Kara Drive North Andover,Ma 01845 North Andover,MA 01845 I Lester&Dorothy Young Wendy Gale `! 114 Rea St. 130 Jay Rd. [ North Andover,MA 01845 North Andover,MA 01845 i I I Beltwist Dev. Trust Sudarshan&Kalpuna Chatter ee c/o Robert Bonds 1 42 Jay Rd. 120 Chandler St. North Andover,MA 01845 Boston,Ma 02116 Barry&Marie O'Hagen Allan Michael Marcus 455 Chestnut St. 50 Jay Rd. ! ✓labelabutt North Andover,MA 01845 1 North.Andover,MA 01845 I I �b� ❑ y`C t'�p11 C t Town of North Andover R E c'I:-i'f'E�l a NORT1y OFFICE OF JOYCE BRADSHAW A.. OA"C RK COMMUNITY DEVELOPMENT AND SERMO V E R 146 Main Street « i ^ � • � =` North Andover, QUG 26 �1 17 Massachusetts 01845 WILLIAM J. SCOTT SSACHUSE� Director •`ANY UPEAL SHALL BE FILED WITHIN(20)DAYS.-U7ER THE DATE OF FILLING OF THIS NOTICE IN THE OFFICE OF THE TOWN CLERK. i BOARD OF APPEALS NOTICE OF DECISION Property 44 Rea Street Kenneth Rea Date: 8/26/96 44 Rea Street Petition:023-96 The Board of Appeals held a regular meeting on Tuesday evening August 13 , 1996 upon the petition of Kenneth Rea requesting a Special Permit under Section 5, of the Zoning By Laws as to permit renewal of Pit Permit originally granted August of 1964 and used continuously since that date on the premises located at the west side of Rea Street and east side of Chestnut Street of 44 Rea Street. The following members were present and voting: William Sullivan, Walter Soule, John Pallone, Scott Karpinski, and Joseph Faris. The hearing was advertised in the North Andover Citizen on 6.5.96&6.13.96 and all abutters were notified my regular mail. Upon a motion by John Pallone and seconded by Walter Soule the Board of Appeals unanimously voted to GRANT the Special Permit renewal of a Pit Permit subject to the conditions as outlined by Attorney Ralph Joyce's letter dated August 12, 1996, and August 14, 1996 detailing specific steps to be taken during this year in keeping with the Bylaw. See attached referenced letters. "This Special permit is issued by the North Andover Zoning Board of Appeals this August 13, 1996, and governs the operation of the locus from one year thereafter. Upon expiration of this period, this special permit shall become null and void without the obligation to confirm or certify compliance herein. Nothing in the special permit shall require the title holder, or there heirs, successors or assigns to famish any certificate of compliance or other evidence so as to purge the record title and not encumbrances as to good and clear record title or to marketable title is intended or implied. Vote: unanimous. Voting infavor: William Sullivan, Walter Soule, John Pallone, Scott Karpinski, and Joseph Faris. Board of Appeals William Sullivan, Chairman BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 w Town of North Andover 40RTH 0 , OFFICE OF 3a o COMMUNITY DEVELOPMENT AND SERVICES A 146 Main Street �,Z North Andover, Massachusetts 01845 �9SSAc`Hus���y Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Citizen's Center located at the rear of Town Hall Building, 120 Main Street, North Andover, MA. on Tuesday the 9th da of 1996 at 7:30 o'clock P.M. to all parties interested in the appeal of Kenneth W. Rea requesting a Variance pursuant under Section 5 of the Zoning Bylaw so as to permit renewal of a Pit Permit originally issued in 1963 and used continuously since that date on the premises located at the west side of Rea Street and the east side of Chestnut Street. By the Order of the Board of Appeals William J. Sullivan, Chairman The Eagle Tribune 6.6.96& 6.13.96 The applicant is responsible for payment of legal fee RFA ST. LEGAL NOTICE TOWN OF NORTH ANDOVER COMMUNITY DEVELOPMENT AND SERVICES Notice is hereby liven that the Berard of Ap• P wit hold a public hearing at the Senior f�zen's Cyder located at the rear of Town Hall Swift 12o Mair Street,North Andover, MA or T fife 91h day of July 19%m 730 edodc PJL to all parties interested in the appeal of Kenneth W Rea reauftirtc a Van- WIM purwwl W)d--Section 5 0!the Zonrn0 Byte%•so as to per-,qt renewal of a pit Permit orignal!y rssueo r 19W arni Used xnt:nuously srtoe Lha!date on the premiss Ixated at the west side o`.Rea Streel and the east sr"-e of Chestnut Street. By Orde%o!the Board of Appeals WiEam J.Sullivan.Chairman North Andover Cozen,65,6/1396. I BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Rea Construction Kenneth W. Rea 44 Rea Street North Andover, Mass. 01845 (508) 686-7445 (508) 689-2914 October 25, 1996 Appeals Board, Town of North Andover 146 Main Street North Andover, Mass. 01845 C/O Robert Nicetta, Building Inspector Dear Mr. Nicetta; My quarterly report of my earth removal operation is as follows; In the past three months I have removed 3.200 cu. yds. of fill. Also find enclosed a schedule from my engineer and pictures. Respectfully Submitted L Keene a H OWEN HASKELL, INC;. Professional Land Surveyors 17 Wilson Street Chelmsford, MA 01824 508/250-1141 FAX 508/250-9808 October 22, 1996 Mr. Kenneth Rea Rea Construction/Rea Farm 44 Rea Street North Andover, MA 01845 Re: Proposal for Land Surveying Services Existing Gravel Pit Area Rea. and Chestnut Streets North Andover, Massachusetts Dear Mr. Rea: Owen Haskell, Inc_. would be pleased to provide land surveying services to you at the above location. PROJECT DESCRIPTION Itis our understanding that the survey work is being completed at the request of North Andover Zoning Board of Appeals relative to the extent 'of the on-going gravel pit limits of excavation. The project is located at the intersection of Rea Street and Chestnut Street and is depicted on a plan entitled, " TOPOGRAPHIC PLAN OF LAND, located in North Andover, Scale 1=40' dated April 1, 1976 by Frank C. Gelinas & Assc:iates. SCOPE OF SERVICES A. Establish an on-site Horizontal and Vertical control network for future use. This will include the recovery of the previous elevation control network and establish a permanent bench mark within the project limits. B. Complete a limited topographic survey within Areas 3 ,4 and 5 as depicted on the 1976 design plan P g p and tie to the existing stone walls aqd perimeter lines. C. Prepare an existing conditions plan depicting all field data, to include, tops and bottoms of slopes, contours at a two foot interval, access roadways, TBM location, baseline, and other site details. All plan data will be prepared in a digital format on ACAD V. 12 .0 with contours prepared using EAGLE POINT software Digital Terrain Modeling. MAIN OFFICE: 16 Casco Street Bwdan,.', Maine 04101 - 2979 207/774-0424 FAX 774-0511 Mr. Kenneth Rea Rea Construction Company October 22, 1996 Page 2 PROJECT SCHEDULE In accordance with your verbal authorization on Octob6r 9, -199.6, we will schedule the field work to be completed this month and will have an up-dated plan for your review and comment on or before November 15, 1996. If you have any questions, please do not hesitate to call. Very truly yours :7e Haskell, Inc. � - wWe� David A. Webber Professional. Land Surveyor DAW/daw B:96-153.PRO LAW OFFICES OF RALPH R. JOYCE RAE:�PH R. JOYCE 95 MAIN STREET E50B3 6B5-455` NORTH ANDOVER, MA 01845 FAX 6B5-3 fie' 1 October 24 , 1996 Town of North Andover ROBERT NICETTA, BUILDING INSPECTOR Town Hall Annex 146 Main Street . North Andover , MA 01845 • � r RE: . SPECIAL PERMIT - REA GRAVEL�. PIT REA & CHESTNUT STREETS Dear Mr . Nicetta : Pursuant to recent agreements made with the Board of Appeals , enclosed p.lease find a copy of the Board 's Notice of Decision, which ' was recorded as evidenced by the the Register of Deeds notations on your copy. Ve RRJ :mjj RAIph R. J c enc . cc : Kenneth W. Rea CGT 2919 ::, r �-. _•._...:.. - - -- ..-- . f. .North _A. ndo'v. e . ,owIIo {�RECEIVED EIVE JOYCE B ADS RHKA OFFICE OF CO DEVELOPMEN _AND.SE . . R : o" rs,+lit i -Nocdi A ve%Massac}aiadb 61945 UG 2�"s 1 _.. .. i SCOTT � ,; ., . _,1.., Dirmc or ANY APPEAL SHALL 13E•:. •�. 'P, d ::r''' agc►Wgt< FILED WITHIN(20)DAYS AFTER J .. THE DATE OF F LUNO OF THI9 NOTICE 1:4 THE OFFICE OF THE TOWN CLERK _ a TM.aistsocw*tlobmeyMMdro BOARD OF APPEALS F.Vo cWpsod tom lots+of dKidan MW v.:ihoutfi d GaQpted.F �G, / 6 NOTICE OADECISIOY T!/!i d-,yw A.Emdthew ` Toxn Cleric Property 44 Res Street C`t7 j —enneth Rea i Date: 3/26;96 i 44 Rea Str:et — Petition:025-96 L\nrh M A !1184 }� � t)ata ni The Board of Appeals held a regular meeting on Tuesday eveust evening Aug13 , 1996 upon the petition of Kenneth Rea requesting a Special Permit under Section of the Zoning By Laws as to permit renewal of Pit Permit originally granted August of 1964 and used co!wnuousiy-since that date on the premises located at the west.side of Rea Street and east side of Che<,tnut Street of 44 Rea Street.. The following members were present and voting: William Sullivan, Walter Soule, John Pallone• Scott Karpinski. and Joseph Faris. The hearing was advertised in the North Andover Citizen an 6.5.96 &6.13.96and all abutters were notified my regular maid Upon a motion by John Pailone and seconded by Walter Soule the Board of Appeals unanimously""`vdtl3d td 22'°F '-12 2' to GRA:YT the Special Permit renewal of a Pit Permit subiect to the conditions as outlined by Attorney Ralph Joyce's letter dated August 12, 1996,and August 1 1, 1996 detailing specific steps to be taken during this year in keeping with the Bylaw. See attached referenced letters. 'This Special permit is :ssued by• the North Andover ZoningBoard of Appeals this Au,-,= 13 1996 an d governs the operation of the locus from one year thereafter. Upon expiration of this period, this special permit shall become null and void without the obligation to confirm or ceniiv compliance herein. clothing in the special permit shall require the title holder, or there heirs, successors or assigns to furnish any certificate of compliance or other evidence so as to purge the record title and not:rc:mbrances as to good and clear record title or to marketable title is intended or implied. Volt: ;:ran mous. Vcting in favor: William Suliivan, Walter Soule, John Pallone, Scott Karpinski, and Joseph Faris. N Board of Appeals tu:llivan, Chairman ATTES'h Aerie ropy Tca71:C?, �ARDOFAPPEALS 688-9141 BUaDINO 689-9545 CONSERVATION 688-9530 HEALTH 688-9540 PL4N*f1'JG 68R-9515 LAW OFFICES OF RALPH R. JOYCE RALPH R. JOYCE 95 MAIN STREET 15083 685-455_ NORTH ANDOVER, MA 01845 FAX 6B5-314E October 24 , 1996 Town of North Andover ROBERT NICETTA, BUILDING INSPECTOR Town Hall Annex 146 Main Street . North Andover , MA 01845 or RE : . SPECIAL PERMIT - REA GRAVEL; PIT REA & CHESTNUT STREETS " Dear Mr. Nicetta: Pursuant to recent agreements made with the Board of Appeals , enclosed please find a copy of the Board "s Notice of Decision, which was recorded as ' :v ,ncecl by the the Register of Deeds notations on your copy. very/txfi 1 y0. 1 "%R a 1 ph R. J c RRJ : mj j enc . Cc : Kenneth W. Rea C,CT 2 9 10 _' own aIf North Andover REcIYECloormMoi*M ' O� �4 Ml DEVE of — JOYCE AD RK��. x �_ �LOPMEIVT SES OYER:: 06 n' - ' rayw..' ~= ,.r. y.�'-.,:i:•. X190 i�1= :,"a£::e: ";...,•. ':i.'•,: .. r -•---; - - - ::ter:'•• .t -- . a•�;� .�:' s �,�, l a » m.LtAtK J.scow K .. ,..• _ Andover,Massactb-01&4SA412 17 D.{ ANY APPEAL SHALL BE: ~•ti. . -.... ar:-" .. ;+ "sACMu3t�� FILED WITHIN(20)DAYSAFTER' THE DATE OF FIILINO OF THIS .. • NOTICE IN THE OFFICE OF THE TOWN CLERK. Tt4s to 10 M*stat ttty(M dew BOARD OF APPEALS t:vo elapsod tmM dodo of&%Won toad v.iha't6z G / NOTICE OADECISION f imice A. 7eradth/�ar Toxn Cleclt Property 44 Rea Street j Kenneth Rea I Date: 3s/26i96 4-4 Rea Str:et neni i uen:0 -96 I flat>.�{1-f��nnu• -;qQF ;�. The Board of Appeals held a regular meeting on Tuesday evening August 13 , 1996 upon the petition of Kenneth Rea requesting a Special Permit under Section of the Zoning By Laws as to permit renewal of Pit Permit originally granted.august of 1964 and used continuously since that date on the premises located.at the west side of Rea Street and east side of Che<,tnut Street of 44 Rea Street. The following members were present and Voting: Willian Sullivan, Waiter Soule, John Pallone, Scott Karpinski, and Joseph Faris. The hearing was advertised in the North Andover Citizen ;n 6.5.96 &6.13.96 and all abutters were rioufied my regular mail'. Upon a motion by John Pallone and seconded by Walter Soule the Board of Appeals unanimously T 22106�''i2: to GRANT the Special Permit renewal of a Pit Permit subject to the conditions as outlined by Attorney Ralph Jo%ce's letter dated August 12, 1996, and August 11, 1996 detailing specific steps to be taken during this year in keeping with the Bylaw. See attached referenced letters. 'This Special permit is :slued by the North Andover Zoning Board of Appeals this August 13, 1996, and governs the operation of the locus from one year thereafter. Upon expiration of this P period tlus special ernut shall bee and void without the obli - P ome null aeon to confirm >; or certuv compliance herein. clothing in the specialerrrut shall require the title holder, or there heirs, sue:essors or assigns to furnish an P y ce ruficate of compliance or other evidence so as to puree the record title and not:rc:mbrances as to good and clear recordPitle or to marketable title is intended or implied. Vote. ,:i;ar=cus. Vcting in favor.- William Sullivan, Walter Soule, John Pallone, Scott Karpinski, and Joseph Faris. Y Board of Appeals William Sullivan, Chairman CYt~,_ AMS Amme Co?p T;.711:C?. �Q BOARD OF APPEALS 688-9141 . BUIIDINO 688-9541 CONSERVATION 688-9530 HEAL-1­11 688-9560 PI_�N'1TVG 6RR.9Slt Town of North Andover R E l;'I V E r1 a NORTH t21.lD ib •� OFFICE OF JOYCE BRADSHAW � q• o0 A • COMMUNITY DEVELOPMENT ASEt�� oY�R F� ND ' 41 146 Main Street , North Andover,Massachusetts 01845 AUG 26 12 17 PH '96 �,''�q,iED-��P` WILLIAM J. SCOTT 9SSACHUSE� Director ANY APPEAL SHALL BE FILED WITHIN(20)DAYS AFTER THE DATE OF FILLING OF THIS NOTICE N THE OFFICE OF THE TOWN CLERK. BOARD OF APPEALS NOTICE OF DECISION Property 44 Rea Street Kenneth Rea Date: 8/26/96 44 Rea Street Petition:025-96 The Board of Appeals held a regular meeting on Tuesday evening August 13 , 1996 upon the petition of Kenneth Rea requesting a Special Permit under Section 5, of the Zoning By Laws as to permit renewal of Pit Permit originally granted August of 1964 and used continuously since that date on the premises located at the west side of Rea Street and east side of Chestnut Street of 44 Rea Street. The following members were present and voting: William Sullivan, Walter Soule, John Pallone, Scott Karpinski, and Joseph Fans. The hearing was advertised in the North Andover Citizen on 6.5.96&6.13.96 and all abutters were notified my regular mail. Upon a motion by John Pallone and seconded by Walter Soule the Board of Appeals unanimously voted to GRANT the Special Permit renewal of a Pit Permit subject to the conditions as outlined by Attorney Ralph Joyce's letter dated August 12, 1996, and August 14, 1996 detailing specific steps to be taken during this year in keeping with the Bylaw. See attached referenced letters. "This Special permit is issued by the North Andover Zoning Board of Appeals this August 13, 1996, and governs the operation of the locus from one year thereafter. Upon expiration of this period, this special permit shall become null and void without the obligation to confirm or certify compliance herein. Nothing in the special permit shall require the title holder, or there heirs, successors or assigns to furnish any certificate of compliance or other evidence so as to purge the record title and not encumbrances as to good and clear record title or to marketable title is intended or implied. Vote: unanimous. Voting iufavor: William Sullivan, Walter Soule, John Pallone, Scott Karpinski, and Joseph Fans. Board of Appeals William Sullivan, Chairman ll-- BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 y LAW OFFICES OF RALPH R. JOYCE ELLIS BUILDING 95 MAIN STREET NORTH ANDOVER, MA 01845 RALPH R. JOYCE (508) 685 - 4555 FAX 685 - 3146 August 14, 1996 Town of North Andover ZONING BOARD OF APPEALS Town Hall Annex 146 Main Street North Andover, MA 01845 RE: SPECIAL PERMIT - REA GRAVEL PIT REA & CHESTNUT STREETS Dear Sirs : Please accept this letter to supplement my previous letter of August 12, 1996 and to further evidence the conditions to be appended to and made a part of the Special Permit for the Rea Gravel Pit. On August 13 , 1996 Mr . Rea and I met with the Board and further agreed as conditions to the Gravel Pit permit for the following year as follows : 1 . The engineering re'Port corroborating the working data referenced in the previous letter will include locating elevations at the four corners of the reclaimed area as well as an elevation at the center of the reclamation area. The engineer will further locate on the ground the toe of the slope and top of the slope together with taking a location of the open face and the measurements of the height of the same. The engineer will issue a letter comparing this data to the 1976 plan and corroborate the working drawings submitted by Mr . Rea on a yearly basis. 2 . The issue as to quarterly reports was again raised. The applicant indicated that he will sumbit quarterly reports irrespective as to any requirements of the by-law together with photographs of the site. 3 . At the request of the applicant, the Board agreed to try to expedite the annual review process next year . It was agreed that the administrative meeting would take place prior to the Board of Appeals hearing on the permit and is scheduled for the second Wednesday in June, 1997 . This will be confirmed at that time by a letter and it is anticipated that this information will be presented to the Board in the course of one meeting. 4 . It was agreed and the Board acknowledged that Section 5 . 3 Paragraph Z of the by-law was addressed by the submission of the 1976 plan together with the working drawings and construction schedules submitted by Mr . Rea. The letters of corroboration from our engineer were specifically relied upon in order for the Board to determine compliance with this section of the by-law. Thank you for your continued cooperate n this regard. Ve tr alph R. oy RRJ:mjj cc: Kenneth W. Rea LAW OFFICES OF RALPH R. JOYCE ELLIS BUILDING 9S MAIN STREET NORTH ANDOVER, MA 01845 it -• .,�J/ f f RALPH R. JOYCE (S08) 68S - 4SSS FAX 68S - 3148 August 12 , 1996 Town of North Andover ZONING BOARD OF APPEALS Town Hall Annex 146 Main Street North Andover , MA 01845 RE : SPECIAL PERMIT - REA GRAVEL PIT REA & CHESTNUT STREETS Dear Sirs : Please accept this letter to evidence the annual review conducted on the above-cited matter . The chairman of the Board, William Sullivan, and member Walter Soule met with the Building Inspector , Robert Nicetta, together with Kenneth Rea and his _ attorney, Ralph R. Joyce, on August 7 , 1996 . At that time the chairman presented eleven issues for review which are enumerated as follows: 1 . The issue of quarterly reports as required by the by-law was introduced and whose responsibility it was to effect the same . the Mr . Rea indicated that he would quarterly file a written report of activity on site. 2 . The issue of an updated plot plan was put forth by the chairman with emphasis on the Board' s strong committment to confirm engineering data . Mr . Rea advised the chairman that it would be his practice at the annual administrative meetings to submit working drawings of the 1976 plan prepared by Frank Gelinas at the time the initial gravel permit was issued. This working drawing would show the active area of the pit , the toe and top of the slope , the migration of the same from year to year , and areas being reclaimed. These working drawings would be supplemented by a construction schedule projected for the forthcoming year . Mr . Sullivan questioned that while the working drawing was effective to explain Mr . Rea ' s present and future intent , that it was imperative to corroborate these drawings with engineering data . It was suggested that the toe of the slope be located in the field by a registered land surveyor together with spot elevations of the areas that were now being reclaimed. The intent is to establish finished grades in these reclaimed areas together with an accurate location of the active slope and compare this data to the original 1976 plan. Mr . Rea indicated that he would submit to the Board a letter of corroboration from a registered land surveyor in accord with this paragraph within six months . 3 . The issue of the slope in the active area of the gravel pit was raised by the chairman. Mr . Rea indicated that the slope had in fact decreased from the previous year by removing gravel from the top of the hill while holding the toe line of the slope . Further dicussion on the issue was deferred until the site review which confirmed the input submitted by Mr . Rea. 4 . The chairman introduced the issue of fencing which various abutters put forth in previous annual reviews of this permit . Mr . Rea confirmed his strong resistance to the Board imposing fencing requirements for three reasons . First , once a fence is established the trespass issue shifts to Mr . Rea. In the event there are any future problems it implies liability upon Mr : Rea rather than people assuming responsibility for their own trespass actions . Secondly, Mr . Rea felt strongly that fencing would inhibit wildlife in the area, most particularly the migration of deer herds . The animals , unlike people, have been welcome to roam on that parcel for quite some time and have established habits which fencing would severely limit . Finally, there are objections as to the costs and maintenance factors involved. 5 . ' The height of the open face was introduced by the chairman. This issue arose last year and Mr . Rea indicated that the open face had shifted 50 ' to 60 ' northwesterly and had been reduced in size by approximately 50% so as to be in compliance with the by-law. Further discussion was deferred until the site review _ which confirmed these details as submitted by the Mr . Rea. 6 . The issue of the stump pile was introduced by the chairman . Mr . Rea indicated that the stump pile , as indicated on last year ' s working drawing, was removed and the present stump pile migrated slightly northwesterly of the same . There were only four stumps presently located on site together with a pile of brush that is annually burned, all generated by tree clearing from the area to the top of the gravel pit . The disposal of stumps was introduced and Mr . Rea indicated that his practice is to remove all stumps from the site to a grinding operation. Mr . Rea refuses to bury any stumps on site as they will undoubtedly interfere with the future development of the parcel . 7 . The chairmam introduced the issue of vehicles stored upon the property and the site review generated further discussion. The chairman indicated his preference not to have any unregistered vehicles in excess of zoning by-laws and upon review of the earth removal by-law, it is observed that there are no specifics with respect to storage of vehicles . It was further brought out that any unregistered vehicles on site are not associated with the earth removal operation but are , in fact , either privately owned by the Rea family or associated with the Rea Construction Company. Despite the issue of jurisdiction, the Board last year requested that all vehicles on site be consolidated to a single area which was done . This year Mr . Rea volunteered to fence this area which is already not visable from the street . The applicant is apprehensive that if this trend continues, next year there will be a request to house the vehicles , etc . The applicant strongly feels that he has exhibited good faith in an area of questionable juisdiction and ' requests the Board review the priority of this ! issue . 8 . The chairman made the observation that the original bond certificate as required by the by-law must be submitted to the Treasurer together with the annual 1 certificate of renewal . This was found to already be A the case and Mr . Rea indicated his intent to. continue this practice . 9 . The issue of recording the annual special permit in the Registry of Deeds was introduced by the chairman. Mr . Rea declined to record the plan of land as it is an uncorroborated piece of engineering data and creates substantial title issues if put into the chain of title . Likewise there are title issues created by recording the special permit itself . Accordingly , it was suggested that a notice of special permit be recorded as required by statute on an annual basis and the Board is requested to include in their decisions the following language so as to deal with any and all title issues as may arise in the future : "This Special Permit is issued by the North Andover Zoning Board of Appeals this _ day of , and governs the operation of the locus from one year thereafter . Upon expiration of this period, this special permit shall become null and void without the obligation to confirm or certify compliance herein. Nothing in the special permit shall require the title holder , or their heirs , successors or assigns , to furnish any certificate of compliance or other evidence so as to purge the record title and no encumbrances as to good and clear record title or "to marketable title is intended or implied. " 10. The issue of reclamation of active areas was intro- duced by the chairman. Mr . Rea indicated that loam was spread on the northeasterly side-- of last year ' s operation moving to the northwesterly side and that various areas have completely germinated, while others are partially germinated, and still other areas yet unseeded. Further discussion on this issue was deferred until the site review which confirmed the input given by the Mr. Rea. The chairman emphasized that such reclamation areas should be completed by October of any given year . 11 . The chairman reviewed the issue of the hours of oper- ation and noted that the same may commence at 6 : 30 A.M. but no trucks may leave the site until 7 :00 A.M. Mr . Rea indicated that irrespective of the by-laws , his hours of operation were substantially within those parameters and further stated that all of the trucks going off site were generally after 7 : 00 A.M. and most often connected with Rea Construction Co . rather than the gravel pit operation . This completed the office administration - on the above-referenced date . Mr . Rea indicated that he would present this letter to evidence the same together with his updated working drawings at the next Board meeting and the engineering corroboration, as required by paragraph 2 , in appoximately six months . Upon completion of this discussion, the parties conducted a site review of the gravel pit operation whereupon the meeting was adjourned with the anticipation that Mr . Rea and his counsel would report to the full Board at their next meeting. Kenneth W. Rea by his attorney, Ralph R. Joyce cc : Kenneth W. Rea. i i i 1 { 7 i S z i LAW OFFICES OT­ T:TATPR ELLIS 13UILDING 95 MAIN STREET NORTH ANDOVER, MA OIB45 RALPH R. JOYCE (508) 685 4555 FAX 685 3148 August 12 , 1996 To n of No r t h A r,ndve r -1AH0.4. r -� E Y I R. ' . ER A: c 1:' F, C i.,� ;r. GP A V E L PIT L EA 'u D P.ET S a r %(r . %fa h o n e v T enclosed herewith the original of a continuation rt if icate issued by Western. Surety Company for the gcav�21 pit ,rat ion Kenneth n tt R��a on. Chestnut_ and P e a t c e e rd L v 1: ile the same . Thank o u for attention to this matter . Very truly yours , Ralph R . Joyce j -- I a�• e Western Surety 11 CONTINUATION CERTIFICATE Western Surety Company hereby continues in force Bond No. 68336739 � L i ibriefly described as EXCAVATION, RECLMIATION, AND RESTORATION, TOWN OF NORTH ANDOVER, MASSACHUSETTS v i I for KENNETH V_EA as Principal, I ; in the sum of$TEN THOUSAND AND NO/100 Dollars, for the term beginning December 17 1995 , and ending December 17 f 1996 , subject to all I the covenants and conditions of the original bond referred to above. I This continuation is issued upon the express condition that the liability of Western Surety Company I under said Bond and this and all continuations thereof shall not be cumulative and shall in no event exceed I ithe total sum above written. �. I I Dated this05 day of September _ 1995 i� 1 WESTERN SURETY COMPANY By Joe P.Ki. --y,-.President I 1 0 VV.° I �1 °i c ° THIS "Continuation Certificate"MUST BE FILED WITH THE ABOVE BOND. ' F Form 90-A-10-93 ' Do 0� I Western Surety C POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota, and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware; District of Columbia, Florida, Georgia, Hawaii, Idaho. Illinois, Indiana. Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, MassachusEtts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico. New York, North Carolina. North Dakota,Ohio, Oklahoma.Oregon. Pennsylvania. Rhode Island. South Carolina,South Dakota, Tennessee, Teras. Utah. Vermont. Virginia. Washsngton. Wes: Virgiroa, Wisconsin. Wyoming ana the United States of America, does hereby make, constitute and appoint Joe P. Kirby of Sioux Falls South Dakota President State of its regularly elected as Attorney.in Fact,with full power and authority hereby conferred upon him to sign,execute,acknowledge and deliver for and on its behalf as Surety and as its act and deed,all of the following classes of documents to-wit: uiety and Undertakings that may be desired by contract,or may be given in any action or proceeding in any court of law or equity: fndemn�y;S pellcies indemnifying employers against loss or damage caused by the misconduct of their employees;official, bail and surety and fidelity bonds. Ittdemnhy in all cases where indemnity may be lawfully given:and with full power and authority to execute consents and waivers to modify or change or 9xtend a-iy,bond or document executed for this Company,and to compromise and settle any and all claims or demands made or existing against said Company. j Western Surety Company further certifies that the following is a true and exact copy of Section 7 of the By-lavas of Western Surety Company duly adopted,and now in force,to-wit: Section 7.All bonds,policies,undertakings,Powers of Attorney,or other obligations of the corporation shall bf,executed in the corporate name of the Company by the President,Secretary,any Assistant Secretary,Treasurer,or aiy Vice President,or by such othe,officers as the Board of Directors may authorize.The President.any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company.The corporate seal is not necessary for the validity of any bonds, policies,undertakings,Powers of Attorney or other obligations of the corporation.The signature of any such officer and the corporate seal may be printed by facsimile. In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its President 5th September 95 _—_with the corporate seal affixed this day of ATTEST WESTERN SURETY C?M+f 4NY 7-- By Assistant Secretary Joe P. Ki by, President STATE OF SOUTH DAKOTA ss. COUNTY OF MINNEHAHA 5th September 95 On this day of 19_before me,a Notar/Public,personally appeared Joe P. Kirby and _ L. Nelson who,being by me duly sworn,acknowledged that they signed the above Power of Attorney as President and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be the voluntary act and deed of said Corporation. S.BARNES r r DSaL NOTARYPUB.LIC sr ^L r SOUTH DAKOTA _P My Commission Expires;i-22 99 McVe�e%rq%»tee--:.:� s•;��•�+ Notary Public LAW OFFICES OF RALPH R. JOYCE ELLIS BUILDING 95 MAIN STREET NORTkf ANDOVER. MA 01845 RALPH R. JOYCE (506) 665 4555 FAX 665 3148 August 12 , 1996 Town of North Andover ZONING BOARD OF APPEALS Town Hall Annex 146 Main Street North Andover , MA 01845 RE : SPECIAL PERMIT - REA GRAVEL PIT REA & CHESTNUT STREETS Dear Sirs : Please accept this letter to evidence the annual review conducted on the above-cited matter . The chairman of the Board, William Sullivan , and member Walter Soule met with the Building Inspector , Robert Nicetta , together with Kenneth Rea and his attorney , Ralph R. Joyce , on August 7 , 1996 . At that time the chairman presented eleven issues for review which are enumerated as follows : b the quarterly required reports as re y 1 . The issue of quay y p q by-law was introduced and whose responsibility it was to effect the same . the Mr . Rea indicated that he would quarterly file a written report of activity on site . 2 . The issue of an updated plot plan was put forth by the ., chairman with emphasis on the Board' s strong committment to confirm engineering data . Mr . Rea advised the chairman that it would be his practice at the annual administrative meetings to submit working drawings of the 1976 plan prepared by Frank Gelinas at the time the initial gravel permit was issued. This working drawing would show the active area of the pit , the toe and top of the slope , the migration of the same from year to year , and areas being reclaimed. These working drawings would be supplemented by a construction schedule projected for the forthcoming year . Mr . Sullivan questioned that while the working drawing was effective to explain Mr . Rea ' s present and future intent , that it was imperative to corroborate these drawings with engineering data . It was suggested that the toe of the slope he located in 1 the field by a registered land surveyor together with spot elevations of the areas that were now being reclaimed. The intent is to establish finished grades in these reclaimed areas together with an accurate location of the active slope and compare this data to the original 1976 plan. Mr . Rea indicated that he would submit to the Board a letter of corroboration from a registered land surveyor in accord with this paragraph within six months . 3 . The issue of the slope in the active area of the gravel pit was raised by the chairman. Mr . Rea indicated that the slope had in fact decreased from the previous year by removing gravel from the top of the hill while holding the toe line of the slope . Further dicussion on the issue was deferred until the site review which confirmed the input submitted by Mr . Rea. 4 . The chairman introduced the issue of fencing which various abutters put forth in previous annual reviews of this permit . Mr . Rea confirmed his strong resistance to the Board imposing fencing requirements for three reasons . First , once a fence is established the trespass issue shifts to Mr . Rea. In the event there are any future problems it implies liability upon Mr . Rea rather than people assuming responsibility for their own trespass actions . Secondly, Mr . Rea felt strongly that fencing would inhibit wildlife in the area , most particularly the migration of deer herds . The animals , unlike people , have been welcome to roam on that parcel for quite some time and have established habits which fencing would severely limit . Finally, there are objections as to the costs and maintenance factors involved. 5 . - The height of . the open face was introduced by the chairman . This issue arose last year and Mr . Rea indicated that the open face had shifted 50 ' to 60 ' northwesterly and had been reduced in size by approximately 50% so as to be in compliance with the by-law . Further discussion was deferred until the site review which confirmed these details as submitted by the Mr . Rea . 6 . The issue of the stump pile was introduced by the chairman . Mr . Rea indicated that the stump pile , as indicated on last year ' s working drawing , was removed and the present stump pile migrated slightly northwesterly of the same . There were only four stumps presently located on site together with a pile of brush that is annually burned, all generated by tree clearing from the area to the top of the gravel pit . The disposal of stumps was introduced and Mr . Rea indicated that his practice is to remove all stumps from the site to a grinding operation . Mr . Rea refuses to bury any stumps on site as they will undoubtedly interfere with the future development of the parcel . 7 . The chairmam introduced the issue of vehicles stored upon the property and the site review generated further discussion. The chairman indicated his preference not to have any unregistered vehicles in excess of zoning by-laws and upon review of the earth removal by-law, it is observed that there are no specifics with respect to storage of vehicles . It was further brought out that any unregistered vehicles on site are not associated with the earth removal operation but are , in fact , either privately owned by the Rea family or associated with the Rea Construction Company. Despite the issue of jurisdiction, the Board last year requested that all vehicles on site be consolidated to a single area which was done . This year Mr . Rea volunteered to fence this area which is already not visable from the street . The applicant ,is apprehensive that if this trend continues , next year there will be a request to house the vehicles , etc . The applicant strongly feels that he has exhibited good faith in an area of questionable juisdiction and requests the Board review the priority of this issue . 8 . The chairman made the observation that the original bond certificate as required by the by-law must be y submitted to the Treasurer together with the annual certificate of renewal . This was found to already be the case and Mr . Rea indicated his intent to continue this practice . 9 . The issue of recording the annual special permit in the Registry of Deeds was introduced by the chairman . Mr . Rea declined to record the plan of land as it is an uncorroborated piece of engineering data and creates substantial title issues if put into the chain of title . Likewise there are title issues created by recording the special permit itself . Accordingly , it was suggested that a notice of special permit be recorded as required by statute on an annual basis and the Board is requested to include in their decisions ` the following language so as to deal with any and all title issues as may arise in the future : "This Special Permit is issued by the North Andover Zoning Board of Appeals this day of , , and governs the operation of the locus from one year thereafter . Upon expiration of this period, this special permit shall become null and void without the obligation to confirm or certify compliance herein . Nothing in the special permit shall require the title holder , or their heirs , successors or assigns , to furnish any certificate of compliance or other evidence so as to purge the record title and no encumbrances as to good and clear record title or to marketable title is intended or implied. " 10 . The issue of reclamation of active areas was intro- duced by the chairman. Mr . Rea indicated that loam was spread on the northeasterly side-- of last year ' s operation moving to the northwesterly side and that various areas have completely germinated, while others are partially germinated, and still other areas yet unseeded. Further discussion on this issue was deferred until the site review which confirmed the input given by the Mr . Rea . The chairman emphasized that such reclamation areas should be completed by October of any given year . 11 . The chairman reviewed the issue of the hours of oper- ation and noted that the same may commence at 6 : 30 A.M. but no trucks may leave the site until 7 : 00 A . M. Mr . Rea indicated that irrespective of the by-laws , his hours of operation were substantially within those parameters and further stated that all of the trucks going off site were generally after 7 : 00 A . M . and most often connected with Rea Construction Co . rather than the gravel pit operation . This completed the office administration - on the above-referenced date . Mr . Rea indicated that he would present this letter to evidence the same together with his updated working drawings at the next Board meeting and the engineering corroboration , as required by paragraph 2 , in appoximately six months . Upon completion of this discussion , the parties conducted a site review of the gravel pit operation whereupon the meeting was adjourned with the anticipation that Mr . Rea and his counsel would report to the full Board at their next meeting . Kenneth W. Rea by his attorney, Ralph R. Joyce cc : Kenneth W. Rea . LAW OFFICES OF RALPH R. JOYCE ELLIS BUILDING 95 MAIN STREET NORTH ANDOVER, MA 01845 RALPH R. JOYCE (508) 685 4555 FAX 665 3148 August 14 , 1996 Town of North Andover ZONING BOARD OF APPEALS Town Hall Annex 146 Main Street North Andover , MA 01845 RE : SPECIAL PERMIT - REA GRAVEL PIT REA & CHESTNUT STREETS Dear Sirs : Please accept this letter to supplement my previous letter of August 12 , 1996 and to further evidence the conditions to be appended to and made a part of the Special Permit for the Rea Gravel Pit . On August 13 , 1996 Mr . Rea and I met with the Board and further agreed as conditions to the Gravel Pit permit for the following year as follows : 1 . The engineering report corroborating the working data referenced in the previous letter will include locating elevations at the four corners of the reclaimed area as well as an elevation at the center of the reclamation area. The engineer will further locate on the ground the toe of the slope and top of the slope together with taking a location of the open face. and the measurements of the height of the same . The engineer will issue a letter comparing this data to the 1976 plan and corroborate the working drawings submitted by Mr . Rea on a yearly basis . 2 . The issue as to quarterly reports was again raised. The applicant indicated that he will sumbit quarterly reports irrespective as to any requirements of the by-law together with photographs of the site . 3 . At the request of the applicant , the Board agreed to try to expedite the annual review process next year . It was agreed that the administrative meeting would take place prior to the Board of Appeals hearing on the permit and is scheduled for the second Wednesday in June , 1997 . This will be confirmed at that time by a letter and it is anticipated that this information will be presented to the Board in the course of one meeting . 4 . It was agreed and the Board acknowledged that Section 5 . 3 Paragraph 2 of the by-law was addressed by the submission of the 1976 plan together with the working drawings and construction schedules submitted by Mr . Rea . The letters of corroboration from our engineer were specifically relied upon in order for the Board to determine compliance with this section of the by-law. Thank you for your continued cooperate n this regard. Ve 7 r } alph R. oy RRJ :mjj cc: Kenneth W. Rea tMary H. Borzi 440 vfarbferidge Road /G/ North Andover, Nla. 01845 Phone (508) 794-0485 June 37, 1996 titr. RobertHalpin - Town Manager 120 Main Street North Andover, Ma. 01845 Mr. Halpin, I am writing this letter as a very concerned citizen. For the last few months, my family has been enjoying the warmer weather in our front yard. However, we are constantly reminded throughout the day that we live near Rea Farm. On an average day the Rea Construction trucks, along with the Fisco trucks, pass our home twenty to thirty times at high rates of speed. The speed limit on our street is posted at 25 mph. These trucks are using i/farbleridge Road as a shortcut to Salem Street. They formerly used Abbott Street, however,Abbott Street now has a truck exclusion due to the school buses transporting children to the Annie Sargeant School. I would like to remind you that Marbleridge Road was not designed to accommodate these large trucks filled to their capacity. I recently contacted the North Andover Department of Public Works of a sink hole which exists approximately ten feet from my mailbox. It began as a small hole and is currently one foot wide and three feet deep. The DPW immediately responded by inverting an orange cone and placing a horse above the hole. It has been two weeks since I reported this hazardous condition and it has yet to be repaired. This condition is undoubtedly partially caused by the heavy trucks traveling this road. I would like to invite you or a member of the North Andover Police Department to observe the traffic and speed of which I am expressing my concern. There are currently eight children under the age of six which reside on Marbleridge Road between Abbott and Johnson Street. I am fearful that a rolling ball would not even slow this traffic. I certainly hope this letter has you concerned of the conditions I have described. I look forward to hearing from you and I hope we can resolve this condition before a tragedy occurs. Mary H. Borzi cc: Officer Thomas Driscoll, Safety Advisor RECEIVED JOYCE BRADSHAW NOCLERK RTHNANDOVER 14r 9 SAY ZZ ' Received by Town Clerk: 4 PP, '96 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant Kenneth W. Rea Address 44 Rea Street, No. Andover Tel. No. - 01845 1. Application is hereby made: ,a,j F e e—€-rem the—Fe qu srem ants e= F e e t iem arra Trarc For a special Permit under Section 5 Paragraph of the Zoning Bylaws. .94 , -pec.. 2 . a) Premises affected are land X and building(s) numbered 44 1}ea ° Street. b) Premises affected are property with frontage on the North ( ) South ( ) East ( ) West (X ) side of Rea Street Street. Street, and known as No. 44 Rea Street Street. And the east side of Chestnut Street . C) Premises affected are in Zoning District R-i, and the premises affected have an area of 26_6 arsqaarre—€eet and frontage of 50 feet. 3. Ownership: a) Name and address of owner (if joint ownership, give all names) : Kenneth W. Rea Date of Purchase ,Tan 'i, 1gRg Previous Owner Gi ltQ. ea '�') eine- �n� �e� • • PEesr- -r4- =-=a ep; He! ster-les.; €est- -� -9ppremlisate date c` ereetiwn. Q>) Geet*paney epee-e€-eaehflee s� of 6. Has there been a previous appeal, under zoning, on these premises? _ Yes If so, when? annual review of gravel permit .�` 7. Description of relief sought on this petition g. Deed recorded in the Registry of Deeds in Book _ Page Land Court Certificate No. Book Page _ The principal points upon which I base my application are as follows: (must be stated in detail) This is an application for a renewal of a permit originally ranted in August of 1963, which has been renewed and use continuously since that date. I agree to pay the filing fee, advertising in newspaper, and incidental expens s* 1 -Signature of" Petitioner(s) Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the r 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 t form. All information called for by the form shall be furnished r by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties of 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, (3001 ) of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located is another city or town, the Planning Board of the city or town, and the Planning 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 Tailing and publication, but are not necessarily limited to these. Every application shall be submitted 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 k requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. V. v M LIST OF PARTIES OF INTEREST SUBJECT PARCEL MAP PARCEL NAME ADDRESS 98A 7 KENNETH W. REA 44 REA ST. NO. ANDOVER ABUTTERS 98A 87 ROGER A . & RITA LUCEY 67 KARA DR . " 98A 84 ALAN & MARIE SWAHN 95 KARA DR . " 98A 83 WILLIAM J . BOUGIOUKAS & LINDA SACO-BOUGIOUKAS 105 KARA DR . " 98A 82 ROBERT & BARBARA DORSEY 119 KARA DR . " 98A 81 AMYNMOHAMED S. CHAMPSI & MARY O'CONNER CHAMPSI 127 KARA DR . " 98A 85 JOHN & PATRICIA MORRISON 87 KARA DR. 98A 86 JESSE B . & BETH PERKINS 79 KARA DR . " 98A 8 LESTER E . & DOROTHY YOUNG 114 REA ST . " 93C 2 BELTWIST DEV . TRUST 300 CHESTNUT ST. C/O ROBERT BONDS @ 120 CHANDLER St. , BOSTON 02116 98C 29 BARRY L & MARIE E. O' HAGEN 455 CHESTNUT ST. " 98C 84 WILLIAM MILLER 435 CHESTNUT ST . " 98C 83 JOHN T . & DIANA CORDNER 425 CHESTNUT ST. " 98C 82 ROBERT A & ANDREA L O' BRIEN 415 CHESTNUT ST . 98C 66 JAMES T &. GAIL E . FINN 406 CHESTNUT ST. 98C 85 CRAIG & LORETTA TAYLOR 445 CHESTNUT ST. " 913C 110 DAVID & KAREN SCHULTZ - MAGUIRE 416 CHESTNUT ST . 9£3A 9 WILLIAM P & MARY JANE WOODCOCK 130 REA ST . 98A 60 WENDY L. GALE 30 JAY RD . 98A 4 SUDARSHAN & KALPUNA CHATTERJEE 42 JAY RD. " 98A 59 ALLAN MICHAEL MARCUS 50 JAY RD. 98A 80 MARC L & ELLEN S MOSIER 137 KARA DR. 96A 88 ROGER E & ANNE K WHITE 59 KARA DR . 96A 58 PHILIP F & JOYCE SULLIVAN 66 JAY RD. " 98A 93 BRANDON M & LYNNE BLECK 9 KARA DR. " i William Miller William Miller 435 Chestnut St 435 Chestnut St North Andover Ma 01845 North Andover Ma 01845 John & Diana Cordner John & Diana Cordner 425 Chestnut St 425 Chestnut St North Andover Ma 01845 North Andover Ma 01845 Robert & Andrea O'Brien Robert & Andrea O'Brien 415 Chestnut St 415 Chestnut St North Andover MAO 1845 North Andover MA 01845 James & Gail Finn James & Gail Finn 406 Chestnut St 406 Chestnut St North Andover Ma 01845 North Andover Ma 01845 Craig & Loretta Taylor Craig & Loretta Taylor 445 Chestnut St 445 Chestnut St North Andover MA 01845 North Andover MA 01845 David & Karen Schultz-Maguire David & Karen Schultz-Maguire 416 Chestnut St 416 Chestnut St North Andove MA 01845 North Andove MA 01845 William & Mary Jane Woodcock William & Mary Jane Woodcock 130 Rea Street 130 Rea Street North Andover Ma 01845 North Andover Ma 01845 Wendy Gale Wendy Gale 130 Jay Road 130 Jay Road North Andover Ma 01845 North Andover Ma 01845 Sudarshan & Kalpuna Chatterjee Sudarshan & Kalpuna Chatterjee 30 Jay Road 30 Jay Road North Andover MA 01845 North Andover MA 01845 Allan Michael Marcus Allan Michael Marcus 42 Jay Rd 42 Jay Rd North Andover MA 01845 North Andover MA 01845 Roger A. & Rita Lucey Roger A. & Rita Lucey 67 Kara Drive 67 Kara Drive North Andover MA 01845 North Andover MA 01845 Alan & Marie Swahn Alan & Marie Swahn 95 Kara Drive 95 Kara Drive North Andover Ma 01845 North Andover Ma 01845 William Bougioukas William Bougioukas 105 Kara Drive 105 Kara Drive North Andover MA 01845 North Andover MA 01845 Robert & Barbara Dorsey Robert & Barbara Dorsey 119 Kara Drive 119 Kara Drive North Andover MA 01845 North Andover MA 01845 enHrlffo znrlrlffri Amynmohamed Champsi Amynmohamed Champsi 127 Kara Drive 127 Kara Drive North Andover Ma 01845 North Andover Ma 01845 John & Patricia Morrison John & Patricia Morrison 87 Kara Drive 87 Kara Drive North Andover MA 01845 North Andover MA 01845 Jesse & Beth Perkins Jesse & Beth Perkins 79 Kara Drive 79 Kara Drive North Andover MA 01845 North Andover MA 01845 Lester& Dorothy Young Lester& Dorothy Young 114 Rea St 114 Rea St North Andover MA 01845 North Andover MA 01845 Beltwist Dev Trust Beltwist Dev Trust %R. Bonds 120 Chandler St %R. Bonds 120 Chandler St Boston MA 02116 Boston MA 02116 I Barry& Marie O'Hagen Barry&Marie O'Hagen 455 Chestnut St 455 Chestnut St North Andover MA 01845 North Andover MA 01845 Marc & Ellen Mosier Marc & Ellen Mosier 137 Kara Drive 137 Kara Drive North Andover MA 01845 North Andover MA 01845 Roger& Anne White Roger& Anne White 59 Kara Drive 59 Kara Drive North Andover MA 01845 North Andover MA 01845 Philip & Joyce Sullivan Philip & Joyce Sullivan 66 Jay Road 66 Jay Road North Andover Ma 01845 North Andover Ma 01845 Brandon & Lynne Bieck Brandon & Lynne Bleck 9 Kara Drive 9 Kara Drive North Andove Ma 01845 North Andove Ma 01845 Kenneth W. Rea Kenneth W. Rea 44 Rea Street 44 Rea Street North Andover MA 01845 North Andover MA 01845 0 Variance 4cl?VPermw DECISION ®UE ON: ---. { ~ LEGAL NOTICE TOWN OF NORIN ANDOVER BOARD OF APPEALS fig= Notice is hereby given that the Board of Appeals will give a hearing at the Senior Citizen's Center 120 Main located at the rear of the Town Buil ening the 14th Street, North Andover on Tuesday les 114th nter- day of June 1994.it Ke neth W to all parties a ested in the appeal of Kenneth W R� q Special Permit under Sec.5 of the Zoning By Law so as to permit renewal of a Pit Permit originally issued In 1963 and used continuously since that date on the premises loaded at the West side of Rea Street and the East side of chestnut Street. By Order of the Board of Appel Frank Serio,Jr.,Chairman NAC:525,&6/111994 LEGAL N0- E -- TOWN OF MOM ANDOM — BOAAPPPEALS Notice Is hereby given that the Board of C will give a hearing at the Senior Citizen's 1 Gents located nt the rear of the Town Building,120 Main Street,North Andover on Tuesday evening the 14th day of June 1994,at 7:30 o'clock.io all parties Inter^ ested In the appeal of Kenneth W Rei requesting a SP-W Permit under Seo.5 of the Zoning By Law so InS1t963 and used continuousy since t�mit renewai of a Ph Permitidate on Issthe Premises ideated he the West side of the East sae of C Rea Street and O/ Chestnut Street. i ByY Order crane Board or Appeals � J &6/1/1994 Franc Serio,Jr.,Chairman / NAC:5125, ' CCrr r 4'.LV�;�V 1 NORTH 3� p Quc y9^�4cNUSE�ty .. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS **************************** * Kenneth Rea * DECISION Chestnut Street North Andover, MA 01845 * Petition #022-94 * **************************** The Board of Appeals held a regular meeting on Tuesday evening, June 14 and then continued to August 9 , 1994 upon the application of Kenneth Rea requesting a Special Permit under Section 5 of the. Zoning Bylaw for the renewal of a Pit Permit originally issued in 1963 and used continuously since that date on the premises located at the West side of Rea Street and the East side of Chestnut Street. The following members were present and voting: William J. Sullivan, Vice-chairman, Walter Soule, Clerk, John Pallone and Scott Karpinski . The hearing was advertised in the North Andover Citizen on May 25 and June 1, 1994 and all abutters were notified by regular mail . Upon a mot'_on by Mr. Soule and seconded by Mr. Pallone, the Board voted unanimously to GRAl"T the Special Permit as requested under the condition that the petitioner follow Section 5 , Paragraph 5 . 4 of the Zoning Bylaw. Dated this 16th day of August 1994 . BOARD OF APPEALS William J! Sullivan �_<< Vice-chairman 1 .. 1 I r D Y l r 1 y Y , WesternSurety rY 1 f , r , r r 1 y r LICENSE AND PERMIT BOND KNOW ALL MEN BY THESE.PRESENTS: BOND No. 68336739 That we, __ Kenneth W. R a Y i Y r a of the Town of North Andover , State of _ Massachusetts , as Principal, ; and WESTERN SURETY COMPANY, a corporation duly licensed to do business in the State of y n , Massachusetts , as Surety, are held and firmly bound unto the Town _ of --.RQrt-b.-,ArijdQv�r State of _ Mas.sachus_etts Obligee, in the penal sum of,________.__Ter1_thQusan�3and._no�109 ($ 10,000.00 )DOLLARS, lawful money of the united States, to be paid to the said Obligee, for wl)lch payment well and truly to be made, we bind ourselves and our legal representatives, jointly and severally by these presents. t THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas, the said Principal has been licensed Excavation by the said Obligee. •NOW``.THEREFORE, if the said Principal shall faithfully perform the duties and in all things cgmply°;wgth Ahe'laws.and ordinances, including all Amendments thereto,.appertaining to the license or permitcnapplied 'fofi-;;then this obligation to be void, otherwise to remain in full force and effect until ;rte' ' December'- 7 , 19-2L, unless renewed by Continuation Certificate. ",j bis`bond;may.be't rminated at any time by the Surety upon sending notice in writing, by certified mail, to the..cie�k-of the Political Subdivision with whom this bond is filed and to the Principal, addressed to them at the Polltical.qubd i"s t� ion-named herein, and at the expiration of thirty-five(35)days from the mailing of said notice, this bond*ashall ipso facto terminate and the Surety shall thereupon be relieved from any liability for any acts or omissions of the Principal subsequent to said date. Dated this 20th day of December 19� . Principal Principal Countersigned WESTER S U T C O M P A N Y By By ., Resident Agent Joe . Kirby, resident n r ACKNOWLEDGMENT OF UR ; (Corporate Officer) STATE OF SOUTH DAKOTA ` �ss County of,Minnehaha ' n F On this 20th day of nec rlher , 19_93_,before me,. the undersigned`Officer, personally appeared Joe P. Kirby n r who acknowledged himself to be the aforesaid officer of WESTERN SURETY COMPANY, a corporation, and that he as such officer,being authorized so to do,executed the foregoing instrument for the purposes therein f contained, by signing the name of the corporation by himself as such officer. IN WITNESS WHEREOF, I have hereunto set my hand and official s ; , ��J��i�J�J�i`hC►•Cy4f�f�f;f;C.44fy;.:%rc�yc�+ Y J. RHONE NOTARY PUBLIC SEAL SOUTH DAKOTA CSL ,C My Commission Expires 6.12-96 f Notary Public South Dakota ; y ' r Form 532—1289 Z- 115 797 986 Receipt for Certified Mail No Insurance Coverage Provided � UNTFD STAlFS Do not use for International Mail rosru seavrc� (See Reverse) Sent to i P.O. ate and Co Postage j Certified Fee `l Special Delivery Fee Restricted Delivery Fee QI Return Receipt Showing to Whom&Date Delivered L Return Receipt Showing to Whom, Date,and Addressee's Address W TOTAL Postage O E.Fees 0 Postmark or Date Cl) E 0 LL 0) a STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front). Z 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached and present the article at a post office service window or hand it to your rural carrier(no extra charge). CE 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return C.) address of the article,date,detach and retain the receipt,and mail the article. L 3. If you want a return receipt,write the certified mail number and your name and address on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. C 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee, M endorse RESTRICTED DELIVERY on the front of the article. ' 0 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If <L return receipt is requested,check the applicable blocks in item 1 of Form 3811. N a- 6. 6. Save this receipt and present it if you make inquiry. 105603-93-B-021e NOR T OFN 9ti 3� 5�fs`ED °. ,0 DAT[D'pPy�S �9SSACHUSES TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS December 29, 1994 Certified Mail No. Z 115-797-986 Mr. Kenneth Rea 44 Rea Street North Andover, MA 01845 Re: Earth Removal Permit Dear Mr. Rea: Pursuant to Section 5, Paragraph 5.3 (2) , a plan or plans to scale, as described in this section (copy enclosed) is to be on file with the Zoning Board of Appeals office. Pursuant to Section 5, Paragraph 5.9 (1) you must post a $10,000 Bond with the Town of North Andover. A copy of Section 5, Para- graph 5.9 (1) is enclosed for your review. Please comply with the above requests as swiftly as possible in order to satisfy the requirements for your earth removal permit. Very truly yours, ZONING BOARD OF APPEALS William J. iSullivan Chairman dmd Encls. Petition No. 022-94 3. Earth Removal Operations : the excavation, removal, stripping, or mining of any earth material on any site within the Town of North Andover. 4 . Operating Hours Extension Permit: A permit issued by the Board or the Building Inspector for an extension of the time of operation for trucking from the site until 9: 00 p.m. 5. Board: Zoning Board of Appeals. 6. Permit: The word "Permit" in the Earth Removal Section shall mean and include a Special Permit for earth removal as issued by the Special Permit Granting Authority. 5.3 Application for Earth Removal Permit 1. All applicants for Earth Removal Permits must submit seven (7) copies of the following information concerning the proposed site of the removal operation to the Board thirty (30) days prior to submission of an application for an Earth Removal Permit. The Board shall distribute the information to the Planning Board, Building Inspector, Conservation Commission, Board of Health, Highway Department, and Police Department, so that recommendations from these departments may be submitted for the required public hearing. 2 . A plan or plans to scale, (1"=40 ' prepared and stamped by a Registered Engineer, showing the property line of the parcel of land under consideration along with all abutters to the property existing and final contours in five foot (5 ' ) elevation in increments, existing and proposed final drainage of the site, including all culverts, streams, ponds, swamps, and siltation basins, means of entrance and egress from the property, locus map, and any other pertinent data deemed necessary by the Board. 3 . A plan, study, or report showing the proposed ultimate use of the land conforming with the existing Zoning Bylaw. Proper planning for future land use shall be a prime consideration affecting the issuance of an Earth Removal Permit. 4. A complete list of the names and addresses of current abutters of the property where such removal is proposed. 5. An operating schedule showing the active area (not to exceed five (5) acres) where the earth removal will begin and also how the total parcel will be developed in progressive five (5) acre increments. 5.2 1 6. Reforestation - All areas which are disturbed in the earth removal operation shall be reforested with fifty percent (50%) coniferous and fifty percent (50%) decidous trees planted at the rate of one hundred fifty (150) trees per acre. All trees used are to be a minimum of two (2) year transplants. Said planting shall be in accordance with the recommendations of the North Andover Tree Department. Areas which are to be used for agriculture purposes after earth removal operations are completed may be reforested in the following manner: a. Trees shall be planted twenty-five (25) feet deep from a public road or property line. b. The remaining area shall immediately be planted with grass or other suitable agricultural planting material. Permits issued by the Building Inspector for soil removal incidental to construction or for special purposes are exempt. from reforestation paragraph. 7. Within ninety (90) days of completion of operations, all equipment, accessory buildings, structures, and unsightly evidence of operation shall be removed from the premises. 5.9 Security Requirements j1. There must be filed with the Town Treasurer, a continuous bond or deposit of money in the minimum amount of One-thousand dollars ($1, 000) per acre to be excavated, and l shall be of a sufficient amount to cover ten (10) acres, or the total parcel, whichever is smaller, as determined by and satisfactory to the Board. 2. After completion of the total project, and at the applicant' s written request, the Board may grant a partial release of any security posted by the applicant. One (1) year after such a partial release is granted and if in the opinion of the Board, no damage or deterioration to the finished project has developed, the Board will issue a final release of the security. If, during the year following the date of a partial release, slumping, gullying, erosion, or any other unsatisfactory condition appears, the applicant shall be responsible for, and shall make any necessary repairs, before final release or security is granted. The bonding agent shall be required to give the Board of Appeals, by Registered or Certified mail, a sixty (60) day notice prior to any termination or cancellation of the bond. 5.9 UNITED STATES POSTAL SERVICE Official Business PENALTY FOR PRIVATE USE TO AVOID PAYMENT OF POSTAGE,$300 Print your name, address and ZIP Code here zosli�9 � ^' SENDER: Complete items 1 and/or 2 for additional services. I also wish to receive the H • Complete items 3,and 4a&b. following services (for an extra 0 • Print your name and address on the reverse of this form so that we can fee): '> return this card to you. m • Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's Address y does not permit. _ • Write"Return Receipt Requested"on the mailpiece below the article number. 2. El Restricted Delivery 2' +• • The Return Receipt will show to whom the article was delivered and the date C delivered. Consult postmaster for fee. m 3. Article Addressed to: 4a. Article Number r7 i = ems�e� �. 3 CL 4b. Service Type ) // j�� ❑ Registered ❑ Insured CM N GG Certified ❑ COD E- N Return Receipt for 3 ❑ Express Mail ❑ P Merchandise �d r" ���U � �� 7. Date of Delivery a / �- ✓ �- / �' 0 j5. Signature (Addressee) 8. Addressee's Address(Only if requested Y H and fee is paid) Uj 6. Signature (Agent) ~ ,y PS Form 3611, December 1991 O.S.G.P.O.:1992-307-530 DOMESTIC RETURN RECEIPT OF,&0R'rj j o��m 9 ♦ ;�SSAOHus�`�s� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE Notice is hereby given that the Board of Appeals will give a hearing at the Senior Citizen's Center located at the rear of the Town Building, 120 Main Street, North Andover on Tuesday evening the 14th day of June 19 94 , at 7:30 o'clock, to all parties interested in the appeal of Kenneth W. Rea ! requesting a Special Permit under IA 'MIWW Sec. 5 of the Zoning By Law so as to permit renewal of a Pit Permit originally issued in 1963 and used continuously since that date on the premises located at the West side of Rea Street and the East side of Chestnut Street. By Order of the Board of Appeals Frank Serio, Jr. , Chairman Publish in the North Andover Citizen on May 25 & June 1, 1994 ,.1 1 4 �.• AIIIIL j • • _ : S, 1855 ' ' - ,��i TOWN OF NORTH AN &-�R MASSACHUSETTS BOARD OF APPEAI c NOTICE OF DECISION Date August 16, 1994 Petition No.. . . 0.9.4'-9 . . Date of Hearing august 9,. 1994 Petition of ;Kenneth Rea Premises affected test side of. Rea Street and the East. side .of. Chestnut. St... Special Permit under Referring to the above petition for a ii63��tbkE Section Zoning 3vlaw so as to pernut originally issued in 1963 and used continuously since . 1963and used continuously- since that .date. After a public hearing given on the above date, the Board of Appeals voted to GRANT the e c e r;,i t and hereby authorize the Building Inspector to issue a per=,it to iKenneth Rea for the construction of the above work, based upon the following conditions: That the petitioner -ecticn 5, Paragraph 5.4 of the Zoning Bylaw. -,e LInds that the petitioner has satisfied the provisions of Section 10, 10. 31 of the Zoning Bylaw and the granting of this Special Permit in a :rtic i r will not derogate from the intent and purpose of the Zoning Bylaw ., __i it adversely affect the neighborhood. Signed • �•:illiam J: Sullivan, Vice—chairman ,Aalter Soule, Clerk John Pallone Scott Karpinski . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals LAW OFFICES OF RALPH R. JOYCE • ELLIS BUILDING f 95 MAIN STREET NORTH ANDOVER, MA 01845 RALPH R. JOYCE (508) 685 4555 January 10 , 1995 FAX 685 3148 r Board of Appeals WILLIAM J . SULLIVAN . CHAIRMAN D � 120 '`lain Street I North Andover . MA 01845 REMOVAL OPERAT RE : EARTH ,ION BOARD OF APPEALS Dear `sir . Sullivan : In response to your letter of December 17 . 1994 . please be advised that Mr . Rea measured the area which is disturbed . or in active use . from the top of the slope down the face plus the staging area and there is approximately 3 . 9 acres in use . After the site visit in June and through Columbus Day . there was restored with loam and seed approximately one half acre of disturbed area which you observed at the time of the site visit and another half acre will be loamed and seeded in the spring . all vehicles not owned by the Rea family have been removed from the premises and the area in which they were stored is also scheduled to be loamed and seeded this spring . It is our perception that the Board is moving to define more Precisely the parameters of this operation as we anticipate winding down over the next several years . In that rein we researched Attorney Harold Morely ' s files from 1963 when the site was originally permitted and as amended in 19-6 . These plans were filed with your Board at that time but we have made duplicates and refiled so as to preserve and evidence these records . Finally . the Board requested we furnish a security bond as required by the By-Law. We enclosed herewith an insurance bond in the amount of S10 . 000 . 00 . which bond has been in effect continuously since the date of operation . It will be our polis to file a coPy of the bond with the Board as it is renewed from rear to year . Piease advise any further information the Board may require at this time . Very tru�y v-0' r,'s_. RRJ :mjj enc. cc : Kenneth Rea li 1 Western Surety Company CO?-TINNUATION CERTIFICATE I ' 68336739 Western Surety CompanN hereby continues in force Bond No. I briefly described as for Excavation, Town of North Andover, Massachusetts i Kenneth W. Rea as Principa' 000 . 00 Decerber 17 , 1994 E� t 10 . Dollars.- ft:- the te.r ar:.ring a the `LLTI G ions of the ori .ai bond ending December 17 , 1995 subiect to all the covenants and conditions i ' referred to above. under said This continuation is issued upon the express condition that the liability of Western Suret, Company Bond and this and all continuations thereof shall not be cumulative and shall in no event exceed the total sum aboN e -written. September 1004 Dated this 6th dad•of P Vv ES TERN SURETY COMP 11N c-. C'P ' By t ' t P Joe P resider: L T� r Fo.^v 4:—?.—iG93-.... THIJ"Continuation Certificate"MUST B£FILED WITH THE AEON BOtiD Jam^ if%' " .. 1 321 OSGOOD STREET NORTH ANDOVER. MASSACHUSETTS 01845 TELEPHONE:666.3826 June 241 1982 C(D r� U r. .ran:: Serio, Jr., Ct-,air:.an Doaru of :'appeals loan of ;'ort:: ',ndo•:er, 4 010,'..5 Dear _ran!:: response to your letter of June twenty-third, this ad•:iso that Gili:ert 0. "ea carries an Earth 3e:.oval ', o. rn . . onc, 2� tE� :,7�q,,..,r--, witt.. ,American ?t.anufac_urers . utual insurance Co. in t`.e ^..cunt o $10,000 effective July 151 1 °a to July 15, 1° Since�yours, ACL: 2 YOUR n0epen0enl lnsufame,� GEW ffRYlf WYsiMT 67 LAW OFFICES OF RALPH R. JOYCE ELLIS BUILDING 95 MAIN STREET NORTH ANDOVER, MA 01845 RALPH R. JOYCE (506) 665 - 4555 January 10 , 1995 FAX 6B5 - 3148 Board of Appeals WILLIAM J. SULLIVAN, CHAIRMAN D 120 Main Street North Andover , MA 01845 .m 1 0 11 3 RE: EARTH REMOVAL OPERATION BOARD OF APPEALS Dear Mr . Sullivan: In response to your letter of December 17 , 1994 , please be advised that Mr . Rea measured the area which is disturbed, or in active use , from the top of the slope down the face plus the staging area and there is approximately 3 . 9 acres in use . After the site visit in June and through Columbus Day, there was restored with loam and seed approximately one half acre of disturbed area which you observed at the time of the site visit and another half acre will be loamed and seeded in the spring. All vehicles not owned by the Rea family have been removed from the premises and the area in which they were stored is also scheduled to be loamed and seeded this spring. It is our perception that the Board is moving to define more precisely the parameters of this operation as we anticipate winding down over the next several years . In that vein we researched Attorney Harold Morely' s files from 1963 when the site was originally permitted and as amended in 1976. These plans were filed with your Board at that time but we have made duplicates and refiled so as to preserve and evidence these records . Finally, the Board requested we furnish a security bond as required by the By-Law. We enclosed herewith an insurance bond in the amount of $10 , 000 .00 , which bond has been in effect continuously since the date of operation. It will be our policy to file a copy of the bond with the Board as it is renewed from year to year . Please advise any further information the Board may require at this time . Ver tr yo s i' 11 e RRJ:mjj enc. cc: Kenneth Rea di 9i Western Surety Company CONTIINTUATION CERTIFICATE Western Surety Company hereby continues in force Bond No. 68336739 briefly described as Excavation, Town of North Andover, Massachusetts i for Kenneth W. Rea ! I as Principal, in the sum of$ 10' 000. 00 December 17 1994 Dollars, for the tern beginning December r December 17, 1995 ending , subject to all the covenants and conditions of the original bond ! referred to above. This continuation is issued upon the express condition that the liability of Western Surety Company under said Bond and this and all continuations thereof shall not be cumulative and shall in no event exceed the total sum above written. i j t 'RETY C�0 Dated this 6th day of September 1994 VOR'4 . WESTERN SURETY COMPANY * SE BY J' `• ._. ..• '�Q' Joe P y resident i F°'a`�'—io-�-._---••''••" THIS"Continuation Certificate"MUST BE FILED WITH THE ABOVE BOP1D - i 3 • f - 321 OSGOOD STREET NORTH ANDOVER MASSACHUSETTS 01845 TELEPHONE:686-3826 June 24, 1982 D Mr. Frank Serio, Jr., Chairman Board of Appeals To;.•n of north Andover, 111L 01845 Dear Frani:: In response to your letter of June twenty-third, this ;rill advise that Gilbert 0. 'ea carries an Earth Removal Bond, No. 2SE1 r7°8:, with American Manufacturers ilutual Insurance Co. in the amount of $10,000 effective July 15, 1982 to July 15, 1983. Sincerely// yours, r RCL:LB -77 r.. YOUR n0epenlent //ISU/OMe,/AGENT .�wve.rou siw.r E Qp 321 OSGOOD STREET NORTH ANDOVER. MASSACHUSETTS 01845 TELEPHONE:686.3826 June -4, 1932 DJ Q U :!r. .ran': Serio, Jr., Chair—man Doard of" appeals ;o.m of ::ort:; Andover, ;1 01"-.5 wear T response to your letter of June t.;enfy-third, this ad.,ise t:-.at Cil'„ert 0. 'ea carries an Earth Removal mond, ''o. 2SEi',T°'J'-, wit!-: American Nanufacturers Mutual inGurance Co. in t'.-.e :.:.ount o1 $10,000 effective July 151 !?,32 to July 15., 1°(?. Since�yours, :CL:L2 YOUR/ QP/NCfli Insurance,/AGENT w..es+o siw.r D,�w��t �/yy ��� ����y��si��o �� �� � ������ HP ©fficeJet Fax Log Report Personal Printer/Fax/Copier Jan-15-02 12:08 PM Identification Result des Type Date Time Duration Diagnostic 89787520456 No answer 00 Sent Jan-15 12:08P 00:00:00 002080000000 1.2.0 2.d / tea/ /k Za 115 797 985 ✓� Receipt for Certified Mail No Insurance Coverage Provided ,fP ST—S Do not use for International Mail (See Reverse) Sen to P.O.,S to and P Cod Postage $ ` Certified Fee Special Delivery Fee Restricted Delivery Fee Q Return Receipt Showing to Whom&Date Delivered ,L Return Receipt Showing to Whom, Date,and Addressee's Address l0 TOi AL Postage &Fees ! Postmark or Date 00M E 0 LL CO Q. STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front). Z 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached and present the article at a post office service window or hand it to your rural carrier Ino extra charge). 43 .- 2. If you do not want this receipt postmarked,stick.the gummed stub to the right of the return 2 address of the article,date,detach and retain the receipt,and mail the article. z 3. If you want a return receipt,write the certified mail number and your name and address on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 8 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee, M endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If� LL return receipt is requested,check the applicable blocks in item 1 of Form 3811. a 6. Save this receipt and present it if you make inquiry. 105603-93-8.0218 , OF tNOR TIy bQ 'yC 2j9SSACEHLJ cJ TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS December 19, 1994 CERTIFIED MAIL Z 115 797 985 Mr. Kenneth Rea Chestnut Street North Andover, MA 01845 Re: Earth Removal Permit / Permit #022-94 Dear Mr. Rea: A site visit of your earth removal operation ("pit") was performed by the Zoning Board of Appeals members and interested abutters. Board members concluded that the "pit" operation must be performed in strict compliance of Section 5, Paragraph 5. 4 of the Zoning Bylaw (copy attached) . It will be necessary for you to submit to the Zoning Board of Appeals a schedule timetable and drawings (if deemed necessary) on how compliance with Section 5, Paragraph 5. 4 will be accomplished. The removal from the site of all construction equipment owned by others must be done immediately. You have the right to appear before the Zoning Board of Appeals and show in the Zoning Bylaw if this type of equipment storage is allowed at the "pit" . The earth removal permit will be issued after the above conditions have been accomplished. Thank you for your cooperation in this matter. Very truly yours, William J. Su livan /d Chairman dmd Encl. 5.4 Permits for Earth Removal 1. The Board may issue Earth Removal Permits for any zoning district, complete with conditions imposed, for areas not to exceed forty (40) acres. All Permits shall conform to the minimum restoration and operating standards contained herein and such other conditions as the Board may deem necessary. Said permit shall allow the working of only five (5) acres at any one time. Upon completion of the earth removal operation on a five (5) acre parcel, or a part thereof, and substantial restoration of said parcel as determined by the d Board, according to the restoration standards at the Permit conditions, application may then be made to the Board for a Permit renewal. Such Permit renewal shall allow the removal of earth on another f ive (5) acre section, as shown by the operating schedule submitted with the Permit application. This procedure shall be followed until the operation is completed. 2 . The pernit shall be considered a non-transferable revocable Permit to remove earth materials. If it is found that incorrect information was submitted in the application, or that conditions of the Permit are being violated, or that the governing regulations are not being followed, the Permit shall be suspended until all provisions have been met and the premises made to conform. Failure of the Permit holder to comply within the time specified by the Board for correction of violations shall cause the Permit to be revoked, forfeiture of the security to the Town, and the imposition of all fines as set forth in Paragraph 5. 1 (2) . 3 . The Board shall discuss and review the permit periodically, and at a minimum, annually. Written progress reports showing conformance with regulations and Permit conditions shall be submitted to the Board by the Building Inspector or his designated agent every three (3) months. 4 . An Earth Removal Permit shall not be in effect until the applicant has filedt proper security as required in Paragraph 5.9, pai the required fees as required by Paragraph 5. 1 (6) , a or ed the Special Permit at the Rectistry of Deeds. 5. Mechanical crushing and screening may be permitted by the Board after a public hearing with due notice given. 5.5 Earth Removal Incidental to Development, Construction or Improvements 1. This regulation shall be deemed not to prohibit the removal of such sod, loam, soil, clay, sand, gravel, or stone as may be required to be excavated for the purpose of constructing ways in accordance with lines and grades approved by the planning Board, or for the purpose of constructing 1 � ` 5.3 m SENDER: • Complete items 1 and/or 2 for additional services. I also Wish t0 receive the rn • Completb items 3,and 4a&b. following services (for an extra m y • Print your name and address on the reverse of this form so that we can V feel: return this card to you. m • Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's Address N v does not permit. r„ s • Write"Return Receipt Requested"on the mailpiece below the article number. 2 ❑ Restricted Delivery «� • The Return Receipt will show to whom the article was delivered and the date c delivered. Consult postmaster for fee. �p cc 3. Article Addressed to: 4a. Article Number C 4b. Service Type m c0i ❑ Registered ❑ Insured Certified ❑ COD E uyiE]J ❑ Express Mail Return Receipt for o Merchandise 0 7. Date of My, ,�y y- Q 7 0 ozc 5. Signature (Addressee) 8. Addressee's Address(Only if requested Y M and fee is paid) gnatur (Agent) F- 0 2 P Form 3811, December 1 kA U.S.G.P.O.:1992-307-530 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE Official Business PENALTY FOR PRIVATE USE TO AVOID PAYMENT OF POSTAGE,$300 Print your name, ?address and ZIP Code here D/6PA54 `© M 7 7s f F 00% F J r " F y F " F F F WesternSurety n F a F " LICENSE AND PERMIT BOND F a G KNOW ALL MEN BY THESE PRESENTS: BOND No. 68336739 F That we, Kenneth W. Rea f il , J of the Town of North Andover , State of Massachusetts , as Principal, and WESTERN SURETY COMPANY, a corporation duly licensed to do business in the State of f F Massachusetts , as Surety, are held and firmly bound unto the Town of North Andover State of Massachusetts , Obligee, in the penal sum of Ten thousand and no/100 ($ 10,000.00 )DOLLARS, lawful money of the United States, to be paid to the said Obligee, for which payment well and truly to be made, we bind ourselves and our legal representatives, jointly and severally by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas, the said Principal has been licensed Excavation ` by the said Obligee: NOW'.THEREFORE, if the said Principal shall faithfully perform the duties and in all things comply'"witli _the laws.and ordinances, including all Amendments thereto, appertaining to the license or permit applied for, then this obligation to be void, otherwise to remain in full force and effect until December 17' , 19 94 , unless renewed by Continuation Certificate. This bond may be terminated at any time by the Surety upon sending notice in writing, by certified mail, to the clerk of'the Political Subdivision with whom this bond is filed and to the Principal, addressed to them at the Political'Sub`division named herein, and at the expiration of thirty-five(35)days from the mailing of said notice, this bond shall ipso facto terminate and the Surety shall thereupon be relieved from any liability for any acts or omissions of the Principal subsequent to said date. Dated this 20th day of December 19 93 Principal Principal Countersigned W E S T E R �SUT.COMPANY By By Resident Agent Joe . Kirby, Vresident F r ACKNOWLEDGMENT OF UR (Corporate Officer) STATE OF SOUTH DAKOTA �ssCounty of Minnehaha 6 On this 20th day ofDece�er , 19 93 before me, R the undersigned officer, personally appeared Joe P. Kirby who acknowledged himself to be the aforesaid officer of WESTERN SURETY COMPANY, a corporation, and that he as such officer,being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself as such officer. ; IN WITNESS WHEREOF, I have hereunto set my hand and official s ; F J. RHONE NOTARY PUBLIC �� ; SEAL) SOUTH DAKOTA sE,L - - Notary Public South Dakota ' My Commission Expires 6-12-96 ' For 532—12-89 ,�,!��5�h��������� ���:+ il ACKNOWLEDGMENT OF PRINCIPAL (Individual or Partners) tl N F tl s y STATE OF ' Y 1 ` ss 1 F ` County of tl tl R tl e tl On this day of , 19 ,before me personally appeared ` 1 P tl F 1 G tl r tl G n G tl , tl known to me to be the individual_ described in and who executed the foregoing instrument and y f y acknowledged to me that_he_ executed the same. tl My commission expires 119— Notary 19Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporate Officer) STATE OF ss County of On this day of , 19 ,before me, personally appeared , who acknowledged himself to be the of , a corporation, and that he as such officer being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as such officer. My commission expires 19 Notary Public G P i � G R � P O +' r P M G f a tl P F v z zz � -� Q E � ° o ` V) ai rW E r � P Q Z cd tl R G O (1] 7 tl G Cn c , o > W -o R Western Surety Company CONTINUATION CERTIFICATE Western Surety Company hereby continues in force Bond No. 68336739 briefly described as Excavation, Town of North Andover, Massachusetts for Kenneth W. Rea as Principal, in the sum of$ 10, 000. 0 0 Dollars, for the term beginning December 17 , 19 9.4 and ending December 17, 1995 , subject to all the covenants and conditions of the original bond referred to above. This continuation is issued upon the express condition that the liability of Western Surety Company under said Bond and this and all continuations thereof shall not be cumulative and shall in no event exceed the total sum above written. \39ETY Dated this 6th day of September 1994 s0D ,q�'' WESTERN SURETY COMPANY E By Joey, resident s�UT H p P�,Q Form 90-A-1493 THIS"Continuation Certificate"MUST BE FILED WITH THE ABOVE BOND r LIST OF PARTIES OF INTEREST SUBJECT PROPERTY ,MAPPARCEL ILOT (NAME JADDRESS 98A 7 ! Kennech W. Rea 144 Rea Street, No Andover, Ma 01845 ABUTTERS MAP PARCEL LOT (NAME (ADDRESS 98A 87 (Roger A. & Rita Lacey 167 Kara Drive 98A 84 !Alan & Marie Swahn 195 Kara Drive 98A 83 ;William J Bougidukas--,:and indaaco-Bougioukas 1105 Kara Drive 98A 82 (Robert & Barbara Dorsey 1119 Kara Drice 98A 81 ' Amynmohamed S. Champsi and . 1 Mary O'Conner-Champsi 1127 Kara Drive 98A 85 'Gerald & Sharon Rezier 187 Kara Drive 98A 86 'Thomas & Jane O'Connell 179 Kara Drive A 8 Lester;'E. & Dorothy B. Young 1114 Rea Street 98C 2 ' Beltwist Dev. Trust 1300 Chestnut Street ! c/o Robert Bonds 1120 Chandler St. Boston Ma. 02116 99C 86 Rarry T- R yqr-jp F. 01ga,gep 1455 Chestnut Street _ 98C 84 ! William Miller 1435 Chestnut Street 98C 83 ; John T. & Diana Cordner 1425 Chestnut Street 9F3C R9 Robert o & Andrea L O'B i n1 415 Chestnut Street 98C 66 Tamps T- & Gai 1 F inn 1 406 ChPgtnut StraPt 98C 85{) Craig & Loretta Taylor ' 445 Chestnut Street 98c 110 David & Karen Schultz-McGuire 416 Cestnut Street n i i i I • I i •- I ���� �C�� lg9�v ��. � ;� �J J �� N � -�.., � o � � � � '� r RECc ��_ J0GE 9P,AGFHAW TOWN CLERK Town of North Andover NORTH ANGovER NORTH oto"1O ,•,tio OFFICE OFI ` �l oc COMMUNITY DEVELOPMENT Ar4§� // V�CES n s ^ 146 Main Street KENNETH R.MAHONY North Andover, Massachusetts 01845 4SSAc►+us�t Director (508) 688-9533 *********************** Kenneth Rea * Decision 44 Rea Street * Petition#028-95 North Andover,MA 01845 The Board of Appeals held a regular meeting on June 13, 1995 and continued until July 11, 1995 upon the appeal of Kenneth Rea requesting a Special Permit under Section 5 of the Zoning Bylaw so as to permit review of a permit originally granted August of 1964,which has been renewed and used continuously since that date for a gravel operation located at 44 Rea Street. The following members were present and voting: Robert Ford,Joseph Faris, John Pallone and Ellen McIntyre. The public hearing was advertised in the Eagle Tribune on May 26 and June 2, 1995 and all abutters were notified by regular mail. Motion by Robert Ford to Grant the Special Permit with the following conditions: * Mr. Rea will continue to file for a permit on an annual basis and provide the Board with a Master Plan and annual construction schedule; Mr. Rea will abide to the conditions outlined in the letter dated July 10, 1995 (see attached)prepared by Attorney Ralph Joyce; *---'-A sits inspectiun-; ll beconducted within 30 days from the issuance-of the df76.-ion by the Building-- Inspector, uilding.:Inspector, the Zero^g Board c`Appeals Chaff:man,and members of the Ftosrd to address the issues of - slopes,fencing for safety purposes,the 1.6ght of the open face of the slope,the stump pile, reclamation schedule,identification of which vehicles are associated with the agriculture or excavation business or any other issues that may arise at time of inspection.The applicant will be responsible for defining outstanding issues within 30 days of the site visit and must resolve all issues within 60 days of the site visit. Motion seconded by John Pallone.Vote :unanimous. Voting in favor: Robert Ford, John Pallone, Joseph Faris,and Ellen McIntyre. Dated this 24th day of July, 1995. Board of Appeals, John Pallone Robert Ford Joseph Faris Ellen McIntyre : BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D.Robert Nioetta Michael Howard Sandra Starr Kathleen Bradley Colwell r Y T r Town of North Andover f NORTH A OFFICE OF ��o tit`e °• °oma COMMUNITY DEVELOPMENT AND SERVICES A 146 Main Street *�^9 ' �AATEO��P`y�y KENNETH R.MAHONY North Andover, Massachusetts 01845 �SSACHl15Et Director (508) 688-9533 Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Citizen's Center located at the rear of Town Hall Building, 120 Main Street, North Andover on Tuesday, the 13th day of June 1995 at 7:30 o'clock to all parties interested in the appeal of Kenneth W. Rea requesting a Special Permit under Section 5, of the Zoning Bylaw so as to permit: review of a permit originally granted in August of 1963, which has been renewed and used continously since that date for a gravel operation located at 44 Rea Street and the east side of Chestnut Street, Zoning District R-3. By the Order of the Board of A William J. Sullivan, Chairman Publish in the North Andover Citizen on on 5.24.95 & 5.31.95 Publish in the Eagle Tribune May 26 and June 2, 1995. LEGAL NOTICE I LEGAL NOTICE Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street North Andover,Massachusetts 01845 (508)688-9533 . Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Citizen's Center located at the rear of Town Hata Building,120 Main Street,North Andover on Tuesday,the 13th day of June 1995 at 7:30 o'clock to all parties interested in the appeal of Kenneth W.Rea requesting a Special Pemit under Section 5,of the Zoning Bylaw so.as to permit: Teview of a permit originally granted in August of 1963, -which'has been renewed and used continously.•since that date for a gravel operation located at 44 Rea Street and the east side of Chestnut Street,Zoning District R- S. By the Order of the Board of Appeals William J.Sullivan,Chairman E-T--May 26;June 2,1995 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D.Robert Nicetta Michael Howard Sandra Stan: Kathleen Bradley Colwell S � Town of North Andover .1 NORTH , OFFICE OF 3? yt. a 1, 0y- 0 COMMUNITY DEVELOPMENT AND SERVICES p 146 Main Street ` KENNETH R MAHONY North Andover, Massachusetts 01845 9SSnCHus�� Director (508) 688-9533 Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Citizen's Center located at the rear of Town Hall Building, 120 Main Street, North Andover on Tuesday, the 13th day of June 1995 at 7:30 o'clock to all parties interested in the appeal of Kenneth W. Rea requesting a Special Permit under Section 5, of the Zoning Bylaw so as to permit: review of a permit originally granted in August of 1963, which has been renewed and used continously since that date for a gravel operation located at 44 Rea Street and the east side of Chestnut Street, Zoning District R-3. By the Order of the Board of Appeals William J. Sullivan, Chairman Publish in the Eagle Tribune May 26 and June 2, 1995. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parriuo D.Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell 1 Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Citizen's Center located at the rear of Town Hall Building, 120 Main Street, North Andover on Tuesday, the 13th day of June 1995 at 7:30 o'clock to all parties interested in the appeal of Kenneth W. Rea requesting a Special Permit under Section 5_ of the Zoning Bylaw so as to permit: review of a permit originally granted in August of 1963, which has been renewed and used continously since that date for a gravel operation located at 44 Rea Street and the east side of Chestnut Street, Zoning District R-3. By the Order of the Board of Appeals William J. Sullivan, Chairman Publish in the North Andover Citizen on on 5.24.95 & 5.31.95 n Town of North Andoverof 40RTNto ,ti ' . OFFICE OF >'2 y�, bye OL COMMUNITY DEVELOPMENT AND SERVICES A 146 Main Street QOqT10- P`y�y KENNETH R.MAHONY North Andover, Massachusetts 01845 "SSACHUS�` Director (508) 688-9533 Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Citizen's Center located at the rear of Town Hall Building, 120 Main Street, North Andover on Tuesday, the 13th day of June 1995 at 7:30 o'clock to all parties interested in the appeal of Kenneth W. Rea requesting a Special Permit under Section 5, of the Zoning Bylaw so as to permit: review of a permit originally granted in August of 1963, which has been renewed and used continously since that date for a gravel operation located at 44 Rea Street and the east side of Chestnut Street, Zoning District R-3. By the Order of the Board of Appeals William J. Sullivan, Chairman Publish in the North Andover Citizen on on 5.24.95 & 5.31.95 I BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Pasrino D.Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell LAW OFFICES OF RALPH R. JOYCE RALPH R. JOYCE 95 MAIN STREET [50B] 6B5-4555 NORTH ANDOVER, MA 01845 FAX 685-3148 August 1 , 1995 Town of North Andover JULIE PARRINO, BOARD OF APPEALS i � �?i 120 Main Street I North Andover , MA 01845A 19% RE: SPECIAL PERMIT - REA GRAVEL PIT a CHESTNUT & REA STREETS F Dear Julie : Enclosed is a Rider to the bond provided by the Western Surety Company on the above-cited premises . Please attach it to Mr . Rea' s file . Very truly yours , Ralph R. Joyce RRJ:mjj enc 1-9 5086867445 _ � COtdST �— PAGE 01 i a ; Lr; K It i-S S' mttlally aql;eiea and und ers S'UFZL, n�'�, that the �cr,2b1' and betsa_� the Principal and ��tion and R Ption hasbeen ��ged to est�oration. Tb resa �rc-avatinn, of �rtt' �'dOve• State of Massachusetts, jns Of as oz19inall. s,�-itten. tend Nothing herein . Mined shall be held to va the �� except as herein forth,��, alter, waive or extend any of the terms, limits or conditions �,f above set This Rider hecrlr. tfer lice on the 25th ! twelve and one �;lork A_. rr7i77�: . M., Standardirrle_ day of Jlily Attache 19.�.at d to and fr)rming part of Bond issued by WESTER r Na. 68336739 Keth �_ Rea �' S L RE�'�' COMPANY of dated 20 :9 93 Sioux Falls, South Dakota,oto, to Signed this %'`h —� . day of JUy I9 95 , VIE1STERN ,SURETY COMPANY Form 328— By ��idsrlt ----------------------.. , __ i. -----------.-- .— k ' LAW OFFICES OF RALPH R. JOYCE RALPH R. JOYCE 95 MAIN STREET [508] 685-4555 NORTH ANDOVER, MA 01845 FAX 685-3148 August 1 . 1995 Town of North Andover �n R JULIE PARR I NO, BOARD OF APPEALS 120 Main Street p 1� North Andover , MA 01845 AUG RE: SPECIAL PERMIT - REA GRAVEL PIT CHESTNUT & REA STREETS pP ��-� Dear Julie : Enclosed is a Rider to the bond provided by the Western Surety Company on the above-cited premises . Please attach it to Mr . Rea' s file . Very truly yours , Ralph R. Joyce RRJ :mjj enc � Y 1995 19: 17 508625;445 -- 1� COtdST ---_---- 1 L t -It i-S �ret'�• nvttrally agreed W�� SVFZETY t��p,�,. that the and ���� � and ��'a, U� Description ha's � . Recla�t Ti midRestarat,iion, of rbrth Stat been ct'e�9W txy rlmd Ibteave of as oz'�- ori State of � 9inall. � MI03a-hw.srtts� 1r�lt� I"othing herein ,. . tRjT)ed sh211 be held to va the end ry, alter, waire or extend an f the terms, limits or conditio except as hereinabove set forth. Y o ns of This Rider hecnr f fey fisc 25t twelve and one rr11T on the Standard Time. ---- yof J'i1y 19 95 Attache at d to and for, part �' Bind issued by E TER1\ No, 68336739 T SURETY CO1SPANY of dated mer 20 19 93 Keth W- Rea Sioux Fai1s - South Dakota, to Signed this . day of July Iq 95 � ESTEttN SURETY COMPANY Form 128-Z,e� By F're t ----------------------------- - ---------------- LAW OFFICES OF RALPH R. JOYCE RALPH R. JOYCE 95 MAIN STREET ESOB] GBS-4555 NORTH ANDOVER, MA 01845 FAX SBS-3148 July 31 , 1995 Town of North Andover JULIE PARRINO, BOARD OF APPEALS WR j 120 Main Street D North Andover , MA 01845 AN — ' 1995 RE: SPECIAL PERMIT - REA GRAVEL PIT CHESTNUT & REA STREETS BOARD OF APPEALS Dear Julie : Please accept this letter to confirm that we have targeted Wednesday, August 9 , 1995 , at 10 : 00 A.M. for an on site review of the Rea gravel operation. Please contact Board members as to who may be available . I anticipate that on August 7th when Mr . Nicetta returns from vacation that we will confirm the time and place of this appointment . Thank you for your continued coopera Ve ru yo a p R. RRJ :mjj cc : Kenneth W. Rea v� LAW OFFICES OF RALPH R. JOYCE �I RALPH R. JOYCE 95 MAIN STREET [508] 685-4555 NORTH ANDOVER, MA 01845 FAX 685-3148 July 31 , 1995 Town of North Andover JULIE PARRINO, BOARD OF APPEALS 0 U R 120 Main Street O North Andover , MA 01845 AM - I !�� RE: SPECIAL PERMIT - REA GRAVEL PIT CHESTNUT & REA STREETS BOARD OF APPEALS Dear Julie : Please accept this letter to confirm that we have targeted Wednesday, August 9 , 1995 , at 10 : 00 A.M. for an on site review of the Rea gravel operation. Please contact Board members as to who may be available . I anticipate that on August ?th when Mr . Nicetta returns from vacation that we will confirm the time and place of this appointment . Thank you for your continued coopera Ve r yon a R. RRJ :mjj cc : Kenneth W. Rea LAW OFFICES OF RALPH R. JOYCE ELLIS BUILDING 95 MAIN STREET NORTH ANDOVER, MA 01645 RALPH R. JOYCE (508) 685 - 4555 FAX 685 - 3148 July 10, 1995 Town of North Andover WILLIAM SULLIVAN, BOARD OF APPEALS 120 Main Street North Andover, MA 01845 Town of North Andover ROBERT NICETTA, BUILDING INSPECTOR 120 Main Street North Andover, MA 01845 RE: SPECIAL PERMIT - REA GRAVEL PIT CHESTNUT & REA STREETS Dear Sirs: Please accept this letter to evidence the intent established with respect to the quarterly and annual reviews over the above-cited project. Mr . Rea has filed with the Board a plan of land entitled "Topographic Plan of Land Located in North Andover, Mass . " Owner : Kenneth Rea, Rea Street, Engineers : Frank C. Gelinas & Assoc. ; Dated July 1, 1995 . There is located thereon the location of the siltation areas , stump pits, loam piles together with a legend which defines the construction schedule also filed with the Board. These two documents taken together will indicate the area Mr . Rea intends to have in active service over the course of the next several years. It is Mr. Rea' s intent to refile this plan with the Board on an anual basis at the time of applying for his special permit. A new construction schedule will also be filed on a yearly basis . We anticipate that we can then show the areas being reclaimed as well as project the areas that are being worked in the mining of gravel. This will establish some historical context to the operation of the gravel pit as well as project the ultimate condition of the property. I have also enclosed the original license and permit bond together with the continuation certificate which indicates the bond outstanding through December 17 , 1995 . The agent on this bond is Lafond Insurance Agency and he was instructed to amend the bond to include the phrase "excavation, reclamation and restoration" to insure that the bond covers all phases of the operation. It is our intent to file the continuation certificate on a year to year basis and you will note that the original bond contains the sunset clause that Mr. Nicetta requested. I would also like to take this opportunity to evidence the procedures that the Board and Mr. Rea have employed the past twwo years in review of this permit . We will continue to meet on a quarterly site review and annual administrative review and go through each section of the by-law. I acknowledged that on June 22, 1995, we specifically reviewed Sections 5 . 3, 5. 4, 5 . 7 , 5 .8, 5 . 9 and Section 8 . 2, Paragraph 12 of the zoning ordinances. The construction schedule I think addresses several of the issues defined therein and that we have now identified the stump burial site and devised a method to reduce the slope by moving the top of the hill back while maintaining the toe of the slope . We also make specific note of your input that restoration occur within sixty days and intend to have all restoration efforts done prior to October of any given year . While this letter is not intended to be comprehensive of all of the issues discussed over the last two years, it does evidence the overall increase in adminisstrative scrutiny that the Board and Inspector ' s office want to effect. We invite this procedure and further review as the Board sees fit. Very trul yours, Kenne W. Re by s to RRJ:mjj Zl�epph R. Joy i CONSTRUCTION SCHEDULE REA GRAVEL PIT CHESTNUT & REA STREETS, NORTH ANDOVER, MA Now comes Kenneth W. Rea and does hereby specify that the operations intended commencing July 1 , 1995 through June 30 , 1996 are as follows: 1. finish grade and reloam slope on easterly side of property. 2 . move the top of the slope line back approximately 40 ' to 50 ' from its present location 3. the bottom of the slope is intended to be left in its present location so as to reduce the slope grade 4. reduce the height of the open face by approximately 5 ' to 8 ' Reference is made to a plan of land entitled "Topographic Plan of Land Located in North Andover, Mass. " Owner : Kenneth Rea, Rea Street, Engineers: Frank C. Gelinas & Assoc. ; Dated July 1, 1995 . The legends thereon indicate the approximate present locations of the areas to be regraded and restored as well as the bottom and top of the slope together with the projected top of the slope at the end of this construction schedule . July 10 , 1995 Kenneth W. Rea LAW OFFICES OF RALPH R. JOYCE ELLIS BUILDING 95 MAIN STREET NORTH ANDOVER. MA 01845 RALPH R. JOYCE (50B) 685 - 4555 FAX 6B5 314B July 10 , 1995 Town of North Andover WILLIAM SULLIVAN, BOARD OF APPEALS 120 Main Street North Andover , MA 01845 Town of North Andover ROBERT NICETTA, BUILDING INSPECTOR 120 Main Street North Andover, MA 01845 RE: SPECIAL PERMIT - REA GRAVEL PIT CHESTNUT & REA STREETS Dear Sirs: Please accept this letter to evidence the intent established with respect to the quarterly and annual reviews over the above-cited project. Mr. Rea has filed with the Board a plan of land entitled "Topographic Plan of Land Located in North Andover , Mass . " Owner: Kenneth Rea, Rea Street, Engineers : Frank C. Gelinas & Assoc. ; Dated July 1, 1995 . There is located thereon the location of the siltation areas , stump pits , loam piles together with a legend which defines the construction schedule also filed with the Board. These two documents taken together will indicate the area Mr. Rea intends to have in active service over the course of the next several years. It is Mr . Rea' s intent to refile this plan with the Board on an anual basis at the time of applying for his special permit. A new construction schedule will also be filed on a yearly • basis. We anticipate that we can then show the areas being reclaimed as well as project the areas that are being worked in the mining of gravel. This will establish some historical context to the operation of the gravel pit as well as project the ultimate condition of the property. I have also enclosed the original license and permit bond together with the continuation certificate which indicates the bond outstanding through December 17 , 1995. The agent on this bond •is Lafond Insurance Agency and he was instructed to amend the bond to include . the phrase "excavation, reclamation and restoration" to insure that the bond covers all phases of the operation. It is our intent to file the continuation certificate on a year to year basis and you will note that the original bond contains the sunset clause that Mr . Nicetta requested. I would also like to take this opportunity to evidence the procedures that the Board and Mr. Rea have employed the past twwo years in review of this permit . We will continue to meet on a quarterly site review and annual administrative review and go through each section of the by-law. I acknowledged that on June 22, 1995, we specifically reviewed Sections 5 . 3, 5. 4, 5 . 7 , 5 . 8, .5. 9 and Section 8.2, Paragraph 12 of the zoning ordinances. The construction schedule I think addresses several of the issues defined therein and that we have now identified the stump burial site and devised a method to reduce the slope by moving the top of the hill back while maintaining the toe of the slope . We also make specific note of your input that restoration occur within sixty days and intend to have all restoration efforts done prior to October of any given year. While this letter is not intended to be comprehensive of all of the issues discussed over the last two years, it does evidence the overall increase in adminisstrative scrutiny that the Board and Inspector's office want to effect. We invite this procedure and further review as the Board sees fit. Very tr yours, Kenn . Rea by is tt e Ralph R. Jo RRJ:mjj r � LAW OFFICES OF. RALPH R . JOYCE ELLIS BUILDING 95 MAIN STREET NORTH ANDOVER, MA (31645 RALPH R. JOYCE (5[38) '685 - 4555 FAX 685 - 3146 July 10 , 1995 Town of North Andover WILLIAM SULLIVAN, BOARD OF APPEALS 120 Main Street North Andover , MA 01845 Town of North Andover ROBERT NICETTA, BUILDING INSPECTOR 120 Main Street North Andover, MA 01845 RE : SPECIAL PERMIT - REA GRAVEL PIT CHESTNUT & REA STREETS Dear Sirs : Please accept this letter to evidence the intent established with respect to the quarterly and annual reviews over the above-cited project. Mr. Rea has filed with the Board a plan of land entitled "Topographic Plan of Land Located in North Andover , Mass . " Owner: Kenneth Rea, Rea Street, Engineers : Frank C. Gelinas & Assoc. ; Dated July 1, 1995 . There is located thereon the location of the siltation areas, stump pJ..ts , loam piles together with a legend which defines the Fcnstruction schedule also -f iled=- .._with . the . Board... These t-,'-;o documents taken together will. ind ^ate the area Mr . Rea izter�ds to have in active service over the course of the next several years . . It is Mr . Rea' s intent to refile this plan with the Board or his s ecial on an anual basis at the time of applying f P permit . A new construction schedule will also be filed on a We anticipate that we can then show the areas earl basis . P yearly being reclaimed as well as project the areas that are being worked in the mining of gravel. This will establish some historical context to the operation of the gravel pit as well as project the ultimate condition of the property. I have also enclosed the original license and permit bond together with the continuation certificate which indicates the bond outstanding through December 17 , 1995 . The agent oamend nthis bond is Lafond Insurance Agency and he was ;nstructed t the bond to include the phrase "excavation, reclamation and restoration" to insure that the bond covers all phases of the � 1 operation. It is our intent to file the continuation certificate on a year to year basis and you will note that the original bond contains the sunset clause that Mr. Nicetta requested. I would also like to take this opportunity to evidence the procedures that the Board and Mr. Rea have employed the past twwo years in review of this permit . We will continue to meet on a quarterly site review and annual administrative review and go through each section of the by-law. I acknowledged that on June 22 , 1995 , we specifically reviewed Sections 5 . 3, 5 .4, 5 .7, 5 . 8 , 5 . 9 and Section 8 . 2 , Paragraph 12 of the zoning ordinances . The construction schedule I think addresses several of the issues defined therein and that we have now identified the stump burial site and devised a method to reduce the slope by moving the top of the hill back while maintaining the toe of'" the slope . We also make specific note of your input that restoration occur within sixty days and intend to have all restoration efforts done prior to October of any given year. While this letter is not intended to be comprehensive of all of the issues discussed over the last two years, it does evidence the overall increase in adm nisstrative scrutiny that the Board and Inspector ' s office want to effect . We invite this procedure and further review as the Board sees fit . Very truly yours , Kenne W Re by s t9 ,4 ph , R. Joy aRJ :m j j CONSTRUCTION SCHEDULE REA GRAVEL PIT CHESTNUT & REA STREETS , NORTH ANDOVER, MA Now comes Kenneth W. Rea and does hereby specify that the operations intended commencing July 1 , 1995 through June 30 , 1996 are as follows : 1 . finish grade and reloam slope on easterly side of property. 2 . move the top of the slope line back approximately 40 ',g to 50 ' from its present location 3 . the bottom of the slope is intended to be left in its present location so as to reduce the slope grade 4 . reduce the ,height of the open face by approximately 5 ' to 8 ' Reference is made to a plan of land entitled . "Topographic Plan of Land Located in North Andover , Mass . " Owner: Kenneth Rea, Rea Street , Engineers : Frank C. Gelinas & Assoc. ; Dated July 1 , 1995 . The legends thereon indicate the approximate present locations of the areas to be regraded and restored as well as the bottom and top of the slope together with the projected top of the slope at the end of this construction schedule . July 10 , 199.E �. Kenneth 1W. . RPa c U JUL 1 1 1995 BOARD OF APPEALS July 10, 1995 DRAFT Town of North Andover WILLIAM SULLIVAN, BOARD OF APPEALS 120 Main Street North Andover , MA 01845 Town of North Andover ROBERT NICETTA, BUILDING INSPECTOR 120 Main Street North Andover, MA 01845 RE: SPECIAL PERMIT - REA GRAVEL PIT CHESTNUT & REA STREETS Dear Sirs: Please accept this letter to evidence the intent established with respect to the quarterly and annual reviews over the above-cited project. Mr. Rea has filed with the Board a plan of land entitled "Topographic Plan of Land Located in North Andover, Mass . " Owner: Kenneth Rea, Rea Street, Engineers: Frank C. Gelinas & Assoc.. ; Dated July 1, 1995. There is located thereon the location of the siltation areas , stump pits, loam piles together with a legend which defines the construction schedule also filed with the Board. These two documents taken together will indicate the area Mr. Rea intends to have in active service over the course of the next several years. It is Mr. Rea's intent to refile this pian with the Board on an anual basis at the time of- applying for his special permit. A new construction schedule will also•.be filed on a yearly basi.s. We anticipate ' that we can then show the areas being reclaimed as well as project the areas that are being worked in the mining of gravel. This will establish some historical context to the operation of the gravel pit as well as project the ultimate condition of the property. I have also enclosed the original license and permit bond together with the continuation certificate which indicates the bond outstanding through December 17, 1995. The agent on this bond is Lafond Insurance Agency and he was instructed to amend the bond to include the phrase "excavation, reclamation, and restoration" to insure that the bond covers all phases of the operation. it is our intent to file the continuation certificate on a year to year basis and you will note that the original bond contains the sunset clause that Mr. Nicetta f requested. n DRAFT I would also like to take this opportunity to evidence the procedures that the Board and Mr. Rea have employed the past twwo years in review of this permit. We will continue to meet on a quarterly site review and annual administrative review and go through each section of the by-law. I acknowledged that on June 22, 1995, we specifically reviewed Sections 5.3, 5.4, 5 .7 , 5.8, 5. 9 and Section 8. 2, Paragraph 12 of the zoning ordinances. The construction schedule I think addresses several of the issues defined therein and that we have now identified the stump burial site and devised a method to reduce the slope by moving the top of the hill back while maintainingthe toe of the slope . We also make specific note of your input that restoration occur within sixty days and intend to have all restoration efforts done prior to October of any given year. While this " letter is not intended to be comprehensive of all of the issues discussed over the last two years, it does evidence the overall increase in adminisstrative scrutiny that the Board and Inspector 't office want to effect. We invite this procedure and further review as the Board sees fit . Very truly yours, V .Kenneth W. Rea, II by his attorney RRJ:mjj Ralph R. Joyce 14 . I } DRAFT CONSTRUCTION SCHEDULE REA GRAVEL PIT CHESTNUT & REA STREETS, NORTH ANDOVER, MA Now comes Kenneth W. Rea and does hereby specify that the operations intended commencing July 1, 1995 through June 30, 1996 are as follows: 1 . finish grade and reloam slope on easterly side of property. 2. move the top of the slope line back approximately 40 ' to 50 ' from its present location 3 . the bottom of the slope is intended to be left in its present location so as to reduce the slope grade 4 . reduce the height of the open face by approximately 5 ' to 8 ' Reference is made to a plan of land entitled "Topographic Plan of Land Located in North Andover, Mass." Owner: Kenneth Rea, Rea Street , Engineers: Frank C. Gelinas & Assoc. ; Dated July. 1 , 1995. The legends thereon indicate the approximate present locations of the areas to be regraded and restored as well as the bottom and top of the slope together with the projected top of the slope at the end of this construction schedule. 1 July 10, 1995 Kenneth W. Rea c t r. Town of North Andover of NORTN OFFICE OF �? •`"` "•6 0c COMMUNITY DEVELOPMENT AND SERVICES • • 146 Main Street North Andover, Massachusetts 01845 WILLIAM 1. SCOTT 9SSAcHUSE� Director Memorandum To: William Sullivan, Chairman - ZBA Scott Karpinski, Sub-Committee Member - ZBA From: Walter Soule, Vice Chairman Date: August 1, 1996 Re: Kenneth Rea 44 Rea St Special Permit - Gravel Pit Please be advised that the Zoning Board has designated members who were appointed on July 9, 1996 for the purpose of reviewing the specific and current findings at said property above. Your immediate responsibility is to review issues, address concerns, and make a site visit. A report of your findings should be presented to the Zoning Board at the next hearing on August 13, 1996 . The specifics are as follows : ♦ Annual review set forth a year ago and updated plan 1995 to 1996 ♦ A site visit schedule before August 13, 1996 ♦ Schedule a follow-up meeting with Ralph Joyce, Kenneth Rea, and Robert Nicetta prior to the hearing date of August 13, 1996 ♦ Review the specifications of the Boards decision on July 24, 1995 (copy attached) . Please review the decision and the correspondence attached relevant to this petition. cc: William Scott, Director Robert Nicetta, Building Commisioner Ralph Joyce, Attorney Kenneth Rea, Petitioner BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 , LAW OFFICES OF RALPH R . JOYCE ELLIS BUILDING 95 MAIN STREET NORTH ANDOVER, MA 01845 RALPH R. JOYCE (50e) 685 4555 FAX 685 3148 July 11 , 1996 Town of North Andover ROBERT NICETTA , BUILDING INSPECTOR Town Hall Annex 146 Main Street North Andover , MA 01845 RE : SPECIAL PERMIT - REA GRAVEL PIT REA & CHESTNUT STREETS Dear Bob : Please accept this letter to confirm our appointment on Wednesday , August 7 , 1996, in your office at 10: 30 A.M. It is anticipated that we will go over the site plan and bring you up to date as to what areas are projected to be worked this coming year as well as review the reclamation and other construction completed in accord with last years schedule . Upon projecting next years construction , we have also scheduled a site review to confirm the details discussed . I will subsequently issue a letter to evidence our dicussions and site review together with the new construction schedule which will be submitted and reviewed by the Board of Appeals at their August meeting . I anticipate Bill Sullivan and Scott Karpinski will also be in attendance and approximately 2 1 /2 hours should be alloted to complete both the office conference and site review. Thank you for your continued cooperat ' Ver,- t r y you , al R . J RRJ :mjj cc : Kenneth Rea William Sullivan Scott Karpinski i RECD: �c JOYCEGRHC'HAW TOW4 CLE iK ANDOVER Town of North Andover NORTH , 40RT4 OFFICE OFi �1 ^4 ° COMMUNITY DEVELOPMENT AND E�viidS A 146 Main Street ;�,,'�-.; %•'`�5+ cENI METH R MARONY North Andover, Massachusetts 01845 SZACHUSE- Director (508) 688-9533 Kenneth Rea * Decision 44 Rea Street * Petition 9 023-95 North Andover, MA 01845 The Board of Appeals held a regular meeting on June 13, 1995 and continued until July 11, 1995 upon the appeal of Kenneth Rea requesting a Special Permit under Section 5 of the Zoning Bylaw so as to permit review of a permit originally granted August of 1964, which has been renewed and used continuously since that date for a gravel operation located at 44 Rea Street. The following members were present and voting: Robert Ford, Joseph Faris, John Pallone and Ellen McIntyre. The public hearing was advertised in the Eagle Tribune on May 26 and June 2, 1995 and all abutters were notified by regular mail. Motion by Robert Ford to Grant the Special Permit with the following conditions: • Mr. Rea will continue to file for a permit on an annual basis and provide the Board with a Master Plan and annual construction schedule; m Mr. Rea will abide to the conditions outlined in the letter dated July 10, 1995 (see attached)prepared by Attorney Ralph Joyce; • —A site ins tion-will-be conducted-within 30 days from the issuance of the..de--ision by the Building... . _ Inspector, the Ze^ .^g Board c`4ppe is Chairman, and members of the Board to address the issues of slopes, fencing for safety purposes, the height of the open face of the slope, the stump pile, reclamation schedule, identification of which vehicles are associated with the agriculture or excavation business or any other issues that may arise at time of inspection. The applicant will be responsible for defining outstanding issues within 30 days of the site visit and must resolve all issues within 60 days of the site visit. Motion seconded by John Pallone.Vote : unanimous. Voting in favor: Robert Ford, John Pallone, Joseph Faris, and Ellen McIntyre. Dated this 24th day of July, 1995. Board of Appeals, John Pallone Robert Ford Joseph Faris Ellen McIntyre u ` 4 [3Il�QnC1F aPPP A(S 688-9541 BL=C3G 688-9545 CONSERVATION 688-9530 HEALTH 683-95.30 PL-\,NIL4ING 688-9535 LAW OFFICES OF RALPH R . JOYCE ELLIS SUILOING 95 MAIN STREET NORTH ANOavER• MA Q1845 (5Q3) 545 4555 RALPH R. JOYCE FAX 535 3143 July 10 , 1995 Town of North Andover WILLIAM SULLIVAN, BOARD OF APPEALS 120 Main Street North Andover , MA 01845 Town of North Andover ROBERT yICETTA, BUILDING INSPECTOR s 120 Main Street North Andover , MA 01845 RE : SPECIAL PERMIT - REA GRAVEL PIT CHESTNUT & REA STREETS Dear Sirs : Please accept this letter to evidence the intent established with respect to the quarterly and annual reviews over the above-cited project. Mr. Rea has filed with the Board I plan of land entitled "Topographic Plan of Land Located in North Andover , Mass . " Owner : Kenneth Rea, Rea Street Engineers : Frank C . Gelinas & Assoc. ; Dated July 1, 1995 . There is located thereon the location of the siltation areas , stump pigs , loam pi leS together with a legend which defines the ,nstruction scheuule also filed - .-with . the Board. Thesewtwc documents taken together will. indicate the area Mr . Rea intends to have in active service over the course of the next several years . It is Mr . Rea ' s intent to refile this plan with the Board on an anual basis at the time of applying for his special permit . A new construction schedule will also be filed on a yearly basis . We anticipate that we can then show the areas being reclaimed as well as project the areas that are being worked in the mining of gravel. This will establish some historical context to the operation of the gravel pit as well as project the ultimate condition of the property. I have also enclosed the original license and permit bond together with the continuation certificate which indicates the bond outstanding through December 17 , 1995 . The agent on this bond is Lafond Insurance Agency and he was ;nstructed to amend the bond to include the phrase "eXcavatio n, reclamation and restoration" to insure that the bond covers all phases of the operation . It is our intent to file the continuation certificate on a year to year basis and you will note that the original bond contains the sunset clause that Mr . Nicetta requested . I would also like to take this oDDortunity to evidence tee procedures that the Board and Mr . Rea have employed the past twwo years in review of this permit . We will continue to meet on a quarterly site review and annual administrative review and go through each section of the by-law. I ac:{nowledged that on June 22 , 1995 , we specifically reviewed Sections 5 . 3 , 5 . 4, 5 . 7, 5 . 8 , 5 . 9 and Section 8 . 2 , Paragraph 12 of the zoning ordinances . The construction schedule I think addresses several of the issues defined therein and that we have now identified the stump burial site and devised a method to reduce the slope by moving the top of the hili back while maintaining the tae a ` the slope . We also make specific note of your input that restoration occur within sixty days and intend to have all restoration efforts done prior to October of any given year. While this letter is not intended to be comprehensive of all of the issues discussed over the last two years , it does evidence the overall increase in adminisstrative scrutiny that the Board and Inspector ' s office want to effect . We invite this procedure and further review as the Board sees fit . Very truly yours , Kenne W Re by s t ph . R . Jo- _cRJ : mJ J T' CONSTRUCTION SCHEDULE REA GRAVEL PIT CHESTNUT & REA STREETS , NORTH ANDOVER , MA Now comes Kenneth W. Rea and does hereby specify that the operations intended commencing July 1 , 1995 through June 30 , 1996 are as follows : 1 . finish grade and reloam slope on easterly side of property. 2 . move the top of the slope Zine back approximately 40 ',j to 50 ' from its present location 3 . the bottom of the slope is intended to be left in its present location so as to reduce the slope grade 4 . reduce the height of the open face by approximately 5 ' to 8 ' Reference is made to a pian of land entitled "Topographic Pian of Land Located in North Andover , Mass . " Owner : Kenneth Rea, Rea Street , Engineers : Frank C . Gelinas & Assoc. ; Dated July 1 , 1995 . The legends thereon indicate the approximate present locations of the areas to be regraded and restored as well as the bottom and top of the slope together with the projected top of the slope at the end of this construction schedule . . .July 10 , 1991. -- Kenneth w. . R�a Kenneth Rea 44 Rea Street Special Permit Robert Ford read the legal notice. The applicant is seeking a Special Permit under Section 5 so as to permit review of a permit originally granted in August of 1963, which has been renewed and used continuously since that date for a gravel operation. Attorney Ralph Joyce was present to represent applicant Kenneth Rea. There was some concern over restoration and unrestored space from a site review conducted last year. The issues have been attended to and there has been a relocation of some loam. The original site plan from 1963 has been recovered and shows the projection of what will occur in the future. Allan Swahn, an abutter, commented on the use of the land and the growth of homes in the area. He would like to see some modifications or stipulations placed on the permit. He is concerned about environmental issues, wildlife, runoff, child safety, noise and heavy equipment. He would Eke assigned hours of operation to keep the noise level down. He would like to know the long term plan of the land. William Sullivan would like to have a meeting with Ralph Joyce, Kenneth Rea and Robert Nicetta to address issues outlined in the ByLaw in regards to a gravel operation. William Sullivan would 1.7 Eke a de-finitive plan explaining what is occurring presently at the site and the work schedule of ' what will occur in the future. Mr. Sullivan would like to adhere to the requirements of the Bylaw as written. Walter Soule would like copies of the gravel operation submitted to the Board members. Motion. by Robert Ford to continue the hearing until July 11, 1995 for the purposes of additional evidence pertaining to the operation adhering to the Bylaw, seconded by John Pallone. Vote: unanimous. Voting in favor: Robert Ford, William Sullivan, John Pallone, Joseph Faris and Ellen McIntyre. Ann E. Cavanaugh Lot Y Osgood Street & Phillips Brook Road Variance Robert Ford read the legal notice. The applicant is seeking a variation from Section 7, para. 7.2, 7.3 and Table 2 of the Zoning Bylaw so as to permit relief of 70.47 feet of street frontage from the 100 foot requirement, relief of 18 feet from the front setback requirement of 30 feet and relief of 12 feet from the side setback requirement of 15 feet so as to permit the construction of a single family home. Joseph Trombly present to represent the applicant. The petition was before the Board in August of 1994 and a variance was;granted on September 9, 1994 to Mrs. Cavanaugh. Mrs. Cavanaugh has owned the property for 55 years. The lot has frontage on Phillips Brook road and access from Osgood Street. The frontage on Osgood Street does not meet the street frontage requirement. In � I lj I Kenneth Rea Gravel Operation Meeting June 22, 1995 at 3:00 p.m, Present: William Sullivan Kenneth Rea Ralph Joyce Robert Nicetta • The aregis no longer agricultural zoned • The Board is not against the use of the gravel pit however they must consider the abutters input • Walter Soule, Bob Nicetta and William Sullivan inspected the property prior to the June hearing • The Board needs a detailed plan, maybe on a yearly basis, indicating what work is being conducted, a plan proposing a timeline for future operation is also required • Mr. Rea presented a plan dated 4-1-76 detailing what exists on the site today, • Mr. Sullivan stated a Master Plan detailing what will occur in 1995, 1996,....... • An additional plan must be submitted each year indicating variations, if any, from the Master Plan • Earth removal requirements for plans stated in Section 5.3, paragraph 2, 3, & 5 • An annual review of what is proposed for the next 10 years is required • An operating shedule must comprise of work within 5 acres and must be subject for review each year • Section 5.4, paragraph 1, 2, 3 & 4 were discussed; the permit is non-transferable • Reports must be submitted every 3 months to the Building Inspector • The permit must be recorded each year at the Registry of Deeds • Time of operation: woik can begin at 6:30 A.M. and trucks can start up at 7:00 A.M. • The wood stumps should be buried in one area, if stumps are present they should be shown on the Master Plan • The old plans submitted are sufficient but must display the present conditions of the site • Section 5.7, paragraph 9: no open face excavation shall exceed 25 feet in height; Mr. Rea will take down the face of the slope because he does not need it; 2 to 1 slope required i fl Section_5.8- paragraph 1; All,restoratlon must.be cornpieted withn,._sixty,days after the f termination of an Earth Removal Permit ~ • Section 5.9 refers to the bond, discussion arose that there is no difference between an excavation and earth removal bond; the bond must state the location of the pit and address its requirement as stated in the Zoning Bylaw • Section 8, paragraph 12: Bill Sulllivan stated there are some vehicles that appear abandoned and would like to clean up the area so that the site is in compliance with the requirements of the bylaw • Bill Sullivan does not feel the previously disturbed area has been restored • Ralph Joyce will submit a plan outlining work for the next 6 months • Ken Rea stated that the ZBA told them to put a specific loam pile on one area • Bill Sullivan is interested in the 5 acres that Ken Rea is allowed to work on at a time, the disturbed areas must be addressed before moving on to additional area I Kenneth Rea 44 Rea Street Special Permit Attorney Ralph Joyce present to represent Kenneth Rea. Attorney Joyce submitted a letter dated July 10, 1995 outlining conditions that will be met in regards to the operation of the gravel pit. At the last hearing the Board wanted a comprehensive review of the Bylaw so as to tighten up past practices and have the applicant abide by the conditions in the Bylaw. On June 22, 1995 the Chairman, Attorney Joyce, Kenneth Rea, Robert Nicetta and Secretary Julie Parrino met for a meeting to go over individual conditions outlined in the Bylaw. A construction schedule on an annual basis will be implemented. Evidence of what has occurred over the last several years was presented in a narrative form. Mr. Rea has agreed to file on an annual basis. A master plan, construction schedule and narrative summary will be provided to the Board of Appeals each year. The original plan designed by Frank Gelinas is still being used and shows the areas that Mr. Rea contends to continue reclamation on this year. The slope on the site will be brought into compliance with the "Zoning Bylaw regulations. The original plan will be annually updated. Mr. Joyce presented the Board with the original bond. Mr. Joyce instructed LaFond Insurance Agency to change the language on the bond to read Excavation/Reclamation/Restoration so that the entire operation is included in the bond. Mr. Joyce met with Mr. Swahn who had concerns in regards to the operation of the business. Mr. Swahn stated that he did not see the plan until tonight. He is not sure how his concerns of safety, noise level, hours of operation, etc. will be addressed. iv.`ti. Sullivan st?*gid that he wanted specific,itcros.addressed-within a.certain time frame as _ J. discussed at the meeting on June 22. He stated that the letter subl��itted was verybroad_ and wanted specific time frames against the requirements of certain subparagraphs within the Zoning Bylaw. Mr. Joyce wants the Board to outline what exactly they want and when. Mr. Joyce suggested a site review to address what exactly the Board is Iooking for. Mr. Joyce feels his client is in line with the Bylaw now. Mr. Sullivan asked if the applicant will begin now to abide by Section 5.7 regarding hours of operation. Mr. Sullivan read Section 5.7 to Mr. Swahn. Mr. Swahn does not feel the hours of operation are not reasonable because the community has grown tremendously over the years. He is concerned with the heavy equipment digging as early as 6:30 in the morning. r i Mc. Rea claimed he does not dig at 6:30 in the morning. Seven o'clock is the earliest trucks can leave the site. Mr. Sullivan stated that neighbors took a risk when they purchased the properties near the ' pit. Mr. Swahn stated that Mrs. Rea pointed out where the work would end in the past. }^ Mr. Swahn would like the hours of operation to be later than 7:00 A.M. Mr. Sullivan stated he could'not change the hours. Mr. Swahn is also concerned with the environmental and safety issues of the operation. Ellen McIntyre questioned is fencing is proposed behind the Swahns house to provide a buffer. Mr. Joyce stated no fencing is proposed. Mr. Joyce confused about whether the Board wafts the stumps buried or put into an open pile. He is also confused whether or not the vans on the site should be moved so that they are visibly more associated with the agriculture business. Mr. Joyce suggested an on-site review to go over specifics. Reseeding of the open area will occur by October as part of the restoration plan. Walter Soule stated that Mr. Rea is working within 5 acres of his restricted open area.. Motion by Robert Ford to Grant the Special Permit contingent upon: a site inspection be conducted within 30 days by the Chairman, Building Inspector, members of the Board, Mr. Joyce and Mr. Rea to address the issues of slopes, fencing for safety purposes, height of open fakes, stump pile,..reclamation schedule,,:ielc-ntification.of :which vehicles are associated with the agriculture or excavation business or any other . issues that may arise at time of inspection. The applicant will be responsible for defining outstanding issues within 30 days of the site visit and must resolve all issues within 60 days of the site visit. Motion seconded by John Pallone. Vote: unanimous. Voting in favor: Robert Ford, William Sullivan, John Pallone, Joseph Faris and Ellen McIntyre. Public Hearing Hashem Construction Inc.- Lot A Brightwood Avenue Special Permit Raymond Vivenzio read the legal notice. The applicant is seeking a Special Permit under Section 7, paragraph 7.8(2) of the Zoning Bylaw so as to.permit-the combination of three lots labeled 18, 19, & 20 located on Brightwood Avenue as part of subdivision plan Received by Town Clerk: TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION 3r, � FOR RELIEF FROM THE ZONING ORDINANCE pplicant Kenneth W. ReaAddress 44 Rea Street, No. Andover, Tel. No.(508)689-2914 ; 01845 Application is hereby made: a-j Fer a--* nee--€ the ,..eats e€ Sest}em e d Tabl ef the Sening Bylaw For a special Permit under Section 5 Paragraph of the Zoning Bylaws. -r-) the—&adding Inspee-ter- er- ether- aut-Iner-ity. 2 . a) Premises affected are land X and building(s) numbered dd i�Pa Street. b) Premises affected are property with frontage on the North ( ) South ( ) East ( ) West (X ) side of Rea Street Street. Street, and known as No. 44 Rea Street Street. And the east side of Chestnut Street . C) Premises affected are in Zoning District R-i and the premises affected have an area of 26_6 sgaare-f-et and frontage of 50 feet. 3 . Ownership: i a) Name and address of owner (if joint ownership, give all names) : Kenneth W. Rea Date of Purchase ,Tan 3, 1989 Previous Owner G1hPrt- O. Rea €--app_Ieant-19 net ewner,eheele hisfhe-r- rota _n PESspeetive P ,reh ser 9 her �C SSCC"�� went feet eepi. "He! s ter-le& .- 9ppr-e-wi mate—elate--e` ___et en: Gorey—e r use e-€—eaehflee zo.) Typ laelr e of eenstruetie 6. Has there been a previous appeal, under zoning, on these premises? yes If so, when? annual review of gravel pennit 7 . Description of relief sought on this petition annual review of special pest for gravel operation 8 . Deed recorded in the Registry of Deeds in Book 2868 Page 177 -Bock- -gam The principal points upon which I base my application are as follows: (must be stated in det-Ail) This is an application for a' tipy-} w' of a permit originally granted in August of 1963, which has been renewed and used continuously since that date. I agree to pay the filing fee, advertising in newspaper, and incidental expenses* Signature of Petitioner(s) 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 therein prescribed. Every application lication shall be submitted with a list of "Parties of 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 (3001 ) of the property line of the petitioner as they appear on the most recent applicable tax list, 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 Planning 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 shall be submitted 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. G i LIST OF PARTIES OF INTEREST SUBJECT PROPERTY MAP PARCEL ILOT INAME IADDRESS 98A 7 ! Kennech W. Rea 144 Rea Street, No Andover, Ma 01845 ABUTTERS 'Ar PARCL_ LOT INAME (ADDRESS 98A 87 'Roeer A. & Rita Luce 167 Kara Drive 98A 84 , !Alan & Marie Swahn 1195 Kara Drive 98A 83 William J., 'B.ou'idukas -and Kara Drive 98A 82 (Robert & Barbara Dorsey 1119 Kara Drice 98A 81 ' Amynmohamed S. Champsi and i Mary 0 nner- ampsi 1127 xara Drive 98A 85 Gerald & Sharon Re ier 287 Kara Drive 98A 86 Thomas & Jane O'Connell 179 Kara Drive A Lester Dorothy 15. Young j114 Rea-9-t-reet 98C 2 ' Beltwist DL-v- 'IYust 1300 'Chestnut Street c/o Robert Bonds 1120 Chandler St. Boston Ma. 02116 Rarr�, 1 R Mir; Fn—�H32P.L31455 Chestnut Street _ 98C 84 : William Miller 1435 Chestnut Street 98C 83 John T. & Diana Cordner 1425 Chestnut Street Ro rr A & Andrea T O B i Pnl 41 ChPGhrn,t cr,-oo* 98C 66 Tamac T & CaiI F Finn 1406 Chestnu ctroof 98C 85:: : Crai & Loretta Ta for ' 44 Chestnut St reet 98c 110 David & Karen Schultz-McGuire estnut ree 98A 9 wj 11 ' 98A 60 -Wendy L. Gall i 98A 4 Sudarshan & Kal a - lay Road Chatt ee 42 lay Road 9 n 11'�^ " 'chael- s 50 Jay Road 98A 80 Judith A Gross 1 �7 Kara Drive 98A 88 Roger E. & Anne K. White 59 Kara Drive 98A 58 Philip S. & Joyce Sullivan ! .66 .7mir Road 98A Michael J. Dupre : 9 Kara Drive I 1 i LAW OFFICES OF RALPH R. JOYCE • ELLIS BUILDING 95 MAIN STREET NORTH ANDOVER, MA 01845 (506) 665 4555 RALPH R. JOYCE January 10 , 1995 FAX 685 3146 Board of Appeals O WILLIAM J . SULLIVAN . CHAIRMAN 120 Main Street North Andover . MA 01845 RE : EARTH REMOVAL OPERATION BOARD OF APPEALS Dear Mr . Sullivan : In response to your letter of December 17 . 1994 . please be advised that Mr . Rea measured the area which is disturbed , or in active use . from the top of the slope down the face plus the staging area and there is approximately 3 . 9 acres in use . After the site visit in June and through Columbus Day . there was restored with loam and seed approximately one half acre of disturbed area which you observed at the time of the site visit and another half acre will be loamed and seeded in the spring . All vehicles not owned by the Rea family have been removed from the premises and the area in which they were stored is also scheduled to be loamed and seeded this spring . It is our perception that the Board is moving to define more precisely the parameters of this operation as we anticipate winding, down over the next several years . In that rein we researched Attorney Harold Morely ' s files from 1963 when the site was originally permitted and as amended in 1976 . These plans were filed with your Board at that time but we have made duplicates and refiled so as to preserve and evidence these records . Finally . the Board requested we furnish a security bond as required by the By-Law. We enclosed herewith an insurance bond in the amount of 510 . 000 . 00 . which bond has been in effect continuously since the date of operation . It will be our policy to file a copy of the bond with the Board as it is renewed from year to year . Please advise any further information the Board mai' require at this time . �` L �'e r y t r u� y o_ s ., j J-oZ'c%� =' RRJ :mjj ' enc. cc : Kenneth Rea 1 Town of North Andover ' ' ° ✓ o' •"• OFFICE OF 2:) L25'95���i Y ^`• _ COM -x LAITY DEVELOPMENT AND SERVICES i46 Main Street•North Andover,Massachusetts 01845 M A 680,5934 Judith A. Gross 137 Kara Drive ;north Andover i-A 01845 GROS1.37 018453010 149it 07. 26/95 FORWARDING TIME E?CP RED GROSS 17 CEDARC-RiZST RV WILMINGTON MA OLd,57-401%*, RETURN 1-0 5ENDER III�� (I'111'IIlll ll'1111/'�IIIllll lf�l lll�lll111'�I�ii1I�111"111' C - � ' l �. ` f s �. rte. � � -- I ' .� ._ :_ �f �� �� �I r :� r I JOY CER �s., taas TOW C-t�ZK Any appeal shall be filed ,�s....•`� NORTH ANDOVER within (20) days after the •..R�.•' date of filing of this TOWN OF NORTH ANDOVER AS Notice in the Office MSACHUSETTS ` of the Town Clerk. BOARD QF APPEALS NOTICE OF DECISION Date 7 .24 . 95 Petition No. 028-95 Date of Hearing June 13 July 11j" 1995 Petition of Kenneth Rea Premises affected 44 Rea Street Referring to the above petition for a variation from the requirements of Section 5 of the Zoning Bylaw so as to permit review of a permit originally granted August of 1964, which has been renewed and used continously since that date for a gravel operation 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 permit to: Kenneth Rea for the construction of the above work, based upon the fol " - ?- -q conditions : See attached Board of Appeals , John Pallone Robert Ford Joseph Faris Ellen _MSInty i CONDITIONS: • Mr. Rea will continue to file for a permit on an annual basis and protide the Board with a Master Plan and annual construction schedule; • Mr. Rea will abide to the conditions outlined in the letter dated July 10, 1995 (see attached)prepared by Attorney Ralph Joyce; • A site inspection will be conducted within 30 days from the issuance of the decision by the Building Inspector, the Zoning Board of Appeals Chairman, and members of the Board to address the issues of slopes, fencing for safety purposes, the height of the open face of the slope,the stump pile, reclamation schedule, identification of which vehicles are associated with the agriculture or excavation business or any other issues that may arise at time of inspection.The applicant will be responsible for defining outstanding issues within 30 days of the site visit and must resolve all issues within 60 days of the site visit. LAW OFFICES OF RALPH R . JOYCE ELLIS BUILDING 95 MAIN STREET NORTH ANDOVER, MA 01845 RALPH R. JOYCE (5❑B) 685 - 4555 FAX 685 3148 July 10 , 1995 Town of North Andover WILLIAM SULLIVAN, BOARD OF APPEALS 120 Main Street North Andover, MA 01845 Town of North Andover ROBERT NICETTA, BUILDING INSPECTOR 120 Main Street North Andover, MA 01845 RE : SPECIAL PERMIT - REA GRAVEL PIT CHESTNUT & REA STREETS Dear Sirs : Please accept this letter to evidence the intent established with respect to the quarterly and annual reviews over the above-cited project. Mr. Rea has filed with the Board a plan of land entitled "Topographic Plan of Land Located in North Andover , Mass . " Owner : Kenneth Rea, Rea Street, Engineers : Frank C. Gelinas & Assoc. ; Dated July 1, 1995 . There is located thereon the location of the siltation areas , stump pits , loam piles together with a legend which defines the construction schedule also filed with the Board. These two documents taken together will indicate the area Mr . Rea intends to have in active service over the course of the next several years . It is Mr . Rea' s intent to refile this plan with the Board on an anual basis at the time of applying for his special permit . A new construction schedule will also be filed on a yearly basis . We anticipate that we can then show the areas being reclaimed as well as project the areas that are being worked in the mining of gravel. This will establish some historical context to the operation of the gravel pit as well as project the ultimate condition of the property. I have also enclosed the original license and permit bond together with the continuation certificate which indicates the bond outstanding through December 17 , 1995 . The agent on this bond is Lafond Insurance Agency and he was instructed to amend the bond to include the phrase "excavation, reclamation and bond covers all phases of the restoration to insure that the P �I operation. It is our intent to file the continuation certificate on a year to year basis and you will note that the original bond contains the sunset clause that Mr. Nicetta requested. I would also like to take this opportunity to evidence the procedures that the Board and Mr . Rea have employed the past twwo years in review of this permit. We will continue to meet on a quarterly site review and annual administrative review and go through each section of the by-law. I acknowledged that on June 22 , 1995 , we specifically reviewed Sections 5 . 3, 5 . 4, 5 . 7, 5 . 8 , 5 . 9 and Section 8 . 2, Paragraph 12 of the zoning ordinances . The construction schedule I think addresses several of the issues defined therein and that we have now identified the stump burial site and devised a method to reduce the slope by moving the top of the hill back while maintaining the toe or- the slope . We also make specific note of your input that restoration occur within sixty days and intend to have all restoration efforts done prior to October of any given year. While this letter is not intended to be comprehensive of all of the issues discussed over the last two years, it does evidence the overall increase in adminisstrative scrutiny that the Board and Inspector ' s office want to effect . We invite this procedure and further review as the Board sees fit . Very truly- yours, Kenne W Re by s t ph R. Joy RRJ:mjj i CONSTRUCTION SCHEDULE REA GRAVEL PIT CHESTNUT & REA STREETS , NORTH ANDOVER, MA Now comes Kenneth W. Rea and does hereby specify that the operations intended commencing July 1 , 1995 through June 30 , 1996 are as follows : 1 . finish grade and reloam slope on easterly side of property. 2 . move the top of the slope line back approximately 40 ',t to 50 ' from its present location 3 . the bottom of the slope is intended to be left in its present location so as to reduce the slope grade 4 . reduce the height of the open face by approximately 5 ' to 8 ' Reference is made to a plan of land entitled "Topographic Plan of Land Located in North Andover, Mass . " Owner: Kenneth Rea, Rea Street, Engineers : Frank C. Gelinas & Assoc. ; Dated July 1 , 1995 . The legends thereon indicate. the approximate present locations of the areas to be regraded and restored as well as the bottom and top of the slope together with the projected top of the slope at the end of this construction schedule . July ul 10 1995 Kenneth W. Rea . o. ,,,.,��• � JO�r6E �KaL � TOW Any appeal shall be filed ';►�s,cru?�' NORTM 4800YER within (20) days after the ..�,..� Y date of filing of this TOWN OF NORTH ANDOVER AL Notice in the Office MASSACHUMTTS of the Town Clerk. BOARD CY APPEALS NOTICE OF DECISION Date 7 .24 . 95 Petition No. 028-95 Date of Hearing June 13 July 1101, 1995 Petition of Kenneth Rea Premises affected 44 Rea Street -- Referring to the above petition for a .variation from the requirements of Section 5 of the Zoning Bylaw so as to permit permit originally granted August of 1964 , which has been renewed and used continously since that date for a gravel operation - After a public hearing, given �an tk e abov--, date , the Board. of Appeals voted. to GRANT the Special Permit and hereby authorize the Building Inspector to issue a permit to: Kenneth Rea for the construction of the above work, based upon the fol ' conditions : See attached Board of Appeals, John Pa-ilone Robert Ford Jo5pnh Farm - Ellen McIntyi�,-- ' .'� i 4 I CONDITIONS : W. Rea will continue to file for a permit on an annual basis and proNide the Board with a Master Plan and annual construction schedule; W. Rea will abide to the conditions outlined in the letter dated July 10, 1995 (see attached)prepared by Attorney Ralph Joyce; • A site inspection will be conducted within 30 days from the issuance of the decision by the Building Inspector, the Zoning Board of Appeals Chairman,and members of the Board to address the issues of slopes, fencing for safety purposes, the height of the open face of the slope, the stump pile, reclamation schedule, identification of which vehicles are associated with the agriculture or excavation business or any other issues that may arise at time of inspection.The applicant will be responsible for defining outstanding issues within 30 days of the site visit and must resolve all issues within 60 days of the site visit. r Rt .c."Y`^: JOYCE BRAC_.HAW TOWN CLERK Town of North Andover NORTH A►�o°vER NORTH OFFICE OF1 O � . _r� _ll I � � a e COMMUNITY DEVELOPMENT ANT��E�V��as1, g A 146 Main Street KENNETH R.MAHONY North Andover, Massachusetts 01845 Director (508) 688-9533 *********************** Kenneth Rea * Decision 44 Rea Street * Petition#028-95 North Andover,MA 01845 *********************** The Board of Appeals held a regular meeting on June 13, 1995 and continued until July 11, 1995 upon the appeal of Kenneth Rea requesting a Special Permit under Section 5 of the Zoning Bylaw so as to permit review of a permit originally granted August of 1964,which has been renewed and used continuously since that date for a gravel operation located at 44 Rea Street. 'i'he following members were present and voting: Robert Ford, Joseph Faris, John Pallone and Ellen McIntyre. The public hearing was advertised in the Eagle Tribune on May 26 and June 2, 1995 and all abutters were notified by regular mail. Motion by Robert Ford to Grant the Special Permit with the following conditions: • Mr. Rea will continue to file for a permit on an annual basis and provide the Board with a Master Plan and annual construction schedule; • Mr. Rea will abide to the conditions outlined in the letter dated July 10, 1995 (see attached)prepared by Attorney Ralph Joyce; • A site inspectionw•.li=oe conducted within30_days from the issuance of the decision by.Fhe Building inspector, the Zoning Board of Appeals-rhalrman.and members of the Board to address the issues of slopes,fencing for safety purposes,the height of the open face of the slope,the stump pile, reclamation schedule,identification of which vehicles are associated with the agriculture or excavation business or any other issues that may arise at time of inspection.The applicant will be responsible for defining outstanding issues within 30 days of the site visit and must resolve all issues within 60 days of the site visit. Motion seconded by John Pallone. Vote:unanimous. Voting in favor: Robert Ford, John Pallone, Joseph Faris,and Ellen McIntyre. Dated this 24th day of July, 1995. Board of Appeals, John Pallone Robert Ford Joseph Faris Ellen McIntyre r BOARD OF APPEALS 688-9541 BUaDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D.Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell LAW OFFICES OF RALPH R . JOYCE ELLIS BUILDING 95 MAIN STREET NORTH ANOOVER. MA 01645 RALPH R. JOYCE (508) 685 - 4555 FAX 685 - 3148 July 10 , 1995 Town of North Andover WILLIAM SULLIVAN, BOARD OF APPEALS 120 Main Street North Andover , MA 01845 Town of North Andover ROBERT NICETTA, BUILDING INSPECTOR f. 120 Main Street North Andover , MA 01845 RE : SPECIAL PERMIT - REA GRAVEL PIT CHESTNUT & REA STREETS Dear Sirs : Please accept this letter to evidence the intent established with respect to the quarterly and annual reviews over the above-cited project. Mr. Rea has filed with the Board a plan of land entitled "Topographic Plan of Land Located in North Andover , Mass . " Owner: Kenneth Rea, Rea Street, Engineers : Frank C. Gelinas & Assoc. ; Dated July 1, 1995 . There is located thereon the location of the siltation areas, stump pits , loam piles together with a legend which defines the " construction - schedule -also"--f-fled. with the Board. These two documents taken together wi 1 indicate the area "Mr . Rea intends �x to have in active service over the course of the next several years . It is Mr . Rea' s intent to refile this plan with the Board on an anual basis ' at the time of applying for his special permit.. A new construction schedule will also be filed on a yearly basis . We anticipate that we can then show the areas being reclaimed as well as project the areas that are being worked in the mining of gravel. This will establish some historical context to the operation of the gravel pit as well as project the ultimate condition of the property. I have also enclosed the original license and permit bond together with the continuation certificate which indicates the bond outstanding through December 17 , 1995 . The agent on this bond is Lafond Insurance Agency and he was ;nstructed to amend the bond to include the phrase "excavation, reclamation and restoration" to insure that the bond covers all phases of the operation. It is our intent to file the continuation certificate on a year to year basis and you will note that the original bond contains the sunset clause that Mr . Nicetta requested. I would also like to take this opportunity to evidence the procedures that the Board and Mr . Rea have employed the past twwo years in review of this permit. We will continue to meet on a quarterly site review and annual administrative review and go through each section of the by-law. I acknowledged that on June 22 , 1995 , we specifically reviewed Sections 5 . 3 , 5 .4, 5 . 7, 5 . 8 , 5 . 9 and Section 8 . 2 , Paragraph 12 of the zoning ordinances . The construction schedule I think addresses several of the issues defined therein and that we have now identified the stump burial site and devised a method to reduce the slope by moving the top of the hill back while maintaining the toe or the slope . We also make specific note of your input that restoration occur within sixty days and intend to have all restoration efforts done prior to October of any given year. While this letter is not intended to be comprehensive of all of the issues discussed over the last two years , it does evidence the overall increase in adminisstrative scrutiny that the Board and Inspector ' s office want to effect. We invite this procedure and further review as the Board sees fit . Very truly yours , NKennezReoy RRJmjj CONSTRUCTION SCHEDULE REA GRAVEL PIT CHESTNUT & REA STREETS , NORTH ANDOVER , MA Now comes Kenneth W. Rea and does hereby specify that the operations intended commencing July 1 , 1995 through June 30 , 1996 are as follows : 1 . finish grade and reloam slope on easterly side of property. 2 . move the top of the slope line back approximately 401,,4 to 50 ' from its present location 3 . the bottom of the slope is intended to be left in its present location so as to reduce the slope grade 4 . reduce the height of the open face by approximately 5 ' to 8 ' Reference is 'made to a plan of land entitled "Topographic Plan of Land Located in North Andover, Mass . " Owner: Kenneth Rea, Rea Street, Engineers : Frank C. Gelinas & Assoc. ; Dated July 1 , 1995 . The legends thereon indicate the approximate present locations of the areas to be regraded and restored as well as the bottom and top of the . slope together with the projected top of the slope at the end of this construction schedule . July 10; 1995 4 �--� � - - Ker_nerh .W. Rea c�. :tt• '' TO�O.r C_tZK fp. APIM Jon Any appeal shall be filed ';�s....�� NORTH AHGCYER y +cnu within (20) days after the ► ' y . date of filing of this TOWN OF NORTH ANDOVER Notice in the Office MASSACHUSETTS of the Town Clerk. BOARD OF APPEALS NOTICE OF DECISION Date 7.24 . 95 Petition No. 028-95 Date of Hearing June 13 July 111"' 1995 Petition of Kenneth Rea Premises affected 44 Rea Street Referring to the above petition for a variation from the requirements of Section 5 of the Zoninct Bylaw so as to permit review of a permit originally granted August of 1964 , which has been renewed and used continously since that date for a gravel operation 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 permit to: Kenneth Rea for the construction of the above work, based upon the conditions : See attached Board of Appeals, John Pallone Robert Ford Joseph Paris Ellen .McInty ��� CONDITIONS: Mr. Rea will continue to file for a permit on an annual basis and provide the Board with a Master Plan and annual construction schedule; • Mr. Rea will abide to the conditions outlined in the letter dated July 10, 1995 (see attached)prepared by Attorney Ralph Joyce; A site inspection will be conducted within 30 days from the issuance of the decision by the Building Inspector, the Zoning Board of Appeals Chairman,and members of the Board to address the issues of slopes,fencing for safety purposes, the height of the open face of the slope,the stump pile, reclamation schedule, identification of which vehicles are associated with the agriculture or excavation business or any other issues that may arise at time of inspection.The applicant will be responsible for defining outstanding issues within 30 days of the site visit and must resolve all issues within 60 days of the site visit. I I i ' LAW OFFICES OF RALPH R. JOYCE ELLIS BUILDING 95 MAIN STREET NORTH ANDOVER, MA 01845 RALPH R. JOYCE (508) 685 4555 FAX 685 - 3148 July 10 , 1995 Town of North Andover WILLIAM SULLIVAN, BOARD OF APPEALS 120 Main Street North Andover , MA 01845 I Town of North Andover ROBERT NICETTA, BUILDING INSPECTOR 120 Main Street ' North Andover , MA 01845 RE : SPECIAL PERMIT - REA GRAVEL PIT CHESTNUT & REA STREETS Dear Sirs : Please accept this letter to evidence the intent established with respect to the quarterly and annual reviews over the above-cited project. Mr. Rea has filed with the Board a plan of land entitled "Topographic Plan of Land Located in North Andover , Mass . " Owner : Kenneth Rea, Rea Street, Engineers : Frank C. Gelinas & Assoc. ; Dated July 1, 1995 . There is located thereon the location of the siltation areas, stump pits , loam piles together with a legend which defines the construction schedule also filed with the Board. These two documents taken together will indicate the area Mr. Rea intends to have in active service over the course of the next several years . It is Mr . Rea' s intent to refile this plan with the Board on an anual basis at the time of applying for his special permit. A new construction schedule will also be filed on a yearly basis . We anticipate that we can then show the areas being reclaimed as well as project the areas that are being worked in the mining of gravel. This will establish some historical context to the operation of the gravel pit as well as project the ultimate condition of the property. I have also enclosed the original license and permit bond together with the continuation certificate which indicates the bond outstanding through December 17 , 1995 . The agent on this bond is Lafond Insurance Agency and he was instructed to amend the bond to include the phrase "excavation, reclamation and restoration" to insure that the bond covers all phases of the operation. It is our intent to file the continuation certificate on a year to year basis and you will note that the original bond contains the sunset clause that Mr. Nicetta requested. I would also like to take this opportunity to evidence the procedures that the Board and Mr . Rea have employed the past twwo years in review of this permit . We will continue to meet on a quarterly site review and annual administrative review and go through each section of the by-law. I acknowledged that on June 22, 1995 , we specifically reviewed Sections 5 . 3, 5 . 4, 5 . 7, 5 . 8, 5 . 9 and Section 8. 2 , Paragraph 12 of the zoning ordinances . The construction schedule I think addresses several of the issues defined therein and that we have now identified the stump burial site and devised a method to reduce the slope by moving the top of the hill back while maintaining the toe of" the slope . We also make specific note of your input that restoration occur within sixty days and intend to have all restoration efforts done prior to October of any given year. While this letter is not intended to be comprehensive of all of the issues discussed over the last two years, it does evidence the overall increase in adminisstrative scrutiny that the Board and Inspector ' s office want to effect. We invite this procedure and further review as the Board sees fit. Very trul yours, yW*Re RRJ:mjj CONSTRUCTION SCHEDULE REA GRAVEL PIT CHESTNUT & REA STREETS , NORTH ANDOVER, MA Now comes Kenneth W. Rea and does hereby specify that the operations intended commencing July 1 , 1995 through June 30 , 1996 are as follows: 1 . finish grade and reloam slope on easterly side of property. 2 . move the top of the slope line back approximately 40 ',* to 50 ' from its present location 3 . the bottom of the slope is intended to be left in its present location so as to reduce the slope grade 4 . reduce the height of the open face by approximately 5 ' to 8 ' Reference is made to a plan of land entitled "Topographic Plan of Land Located in North Andover, Mass . " Owner: Kenneth Rea, Rea Street , Engineers : Frank C. Gelinas & Assoc. ; Dated July 1 , 1995 . The legends thereon indicate the approximate present locations of the areas to be regraded and restored as well as the bottom and top of the slope together with the projected top of the slope at the end of this construction schedule . July 10 , 1995 Kenneth W. Rea c W; Town of North Andover OFFICE OF O 25 a UL 25'95 4" COMMUNITY DEVELOPMENT AND SERVIC 146 Main Street• North Andover,Massachusetts 018 — 0 34 „ i IWillz •m r4iller _-- ' ❑ MOVED - LEFT NO ADDRESS ❑ ATTEMPTED - NOT KNOWN 9� ❑ UNCLAIMED ❑REFUSED r- ❑ VACANT ONO MAIL BOX �y O POSTAGE DUE uNirEoRer � POSTiJL SERVICE_ °sFN OINSUFFICIENT ADDRESS OF9 ❑ NO SUCH STREET W`1UMBER , (PEEL OFF-UPDATE CUSTOMER LIST) � ` h M \` \\ |\\|\\ \ ^ / \ E s Town of North Andover f NORTN o ,,,.•o 4, OFFICE OF 3? q° oc COMMUNITY DEVELOPMENT AND SERVICES A 146 Main Street } =s QOM,,.°0 KENNETH R.MAHONY North Andover, Massachusetts 01845 9SSAcMU5�t Director (508) 688-9533 Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Citizen's Center located at the rear of Town Hail Building, 120 Main Street, North Andover on Tuesday, the 13th day of June 1995 at 7:30 o'clock to all parties interested in the appeal of Kenneth W. Rea requesting a Special Permit under Section 5, of the Zoning Bylaw so as to permit: review of a permit originally granted in August of 1963, which has been renewed and used continously since that date for a gravel operation located at 44 Rea Street and the east side of Chestnut Street, Zoning District R-3. By the Order of the Board of Appeals William J. Sullivan, Chairman Publish in the Eagle Tribune May 26 and June 2, 1995. BOARD OF APPEALS 688-9541 BUILDING-688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D.Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell f L P mi' MAY 31' COMMUI�_ 'RVICES oY 31 HAY �.� ��''�, .--- �_�•-------� 146 Main Streca- . .,setts 01845 cs� X895 A`_ichael J. Dupre Kara Drive North Andover 1-t- 016-45 DUPROO9 013453014 134-4 06/07/%'?S DUfiRE FOR14ARDING TIME E F-%XAED 241 E MAXN ST Ola S WESTFIELD MA 010,2,5-3307 p RETURN 704 SENDER 11151111,11.1I11111101ifIoil 1„1L1fill Ioff 111IL1gill Ioil#Sol i ilf! i it Iii I1}I) if}} I fill ! !!! } fail Bill } 3 V i Town of North Andover OFFICE OF -VITY DEVELOPMENT AND SF/ —""---North Andover,Massachr t r 1 Town of North Andover NORTH OFFICE OF 3?oy`� o4. 140 COMMUNITY DEVELOPMENT AND SERVICES A 146 Main Street KENNETH R.MAHONY North Andover, Massachusetts 01845 1SSACNu5�S Director (508) 688-9533 Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Citizen's Center located at the rear of Town Hall Building, 120 Main Street, North Andover on Tuesday. the 13th day of June 1995 at 7:30 o'clock to all parties interested in the appeal of Kenneth W. Rea requesting a Special Permit under Sect on 5, of the Zoning Bylaw so as to permit: review of a permit originally granted in August of 1963, which has been renewed and used continously since that date for a gravel operation located at 44 Rea Street and the east side of Chestnut Street, Zoning District R-3. By the Order of the Board of Appeals William J. Sullivan, Chairman Publish in the Eagle Tribune May 26 and June 2, 1995. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D.Robert Nicetta Michael Howard Sandra Staff Kathleen Bradley Colwell U-*UTown of North Andover � PM l OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 311 MY � - 146 Main Street•North Andover,Massachusetts 01845 /995 V I� Q O•s (� W-4 11 :m er 435 i;:ut St eet N n over . ��pFk Town of North Andovero� AO oTN� ti OFFICE OF 3? y<< °L COMMUNITY DEVELOPMENT AND SERVICES p 146 Main Street KENNETH R MAHONY North Andover, Massachusetts 01845 9SSACHus�s Director (508) 688-9533 Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior i 1.1L1GGll J Center 1--ated at the rear of Town Hall Building, 120 Main Street, North Andover on Tuesday, the 13th day of June 1995 at 7:30 o'clock to all parties interested in the appeal of Kenneth W. Rea requesting a Special Permit under Seclon 5, of the Zoning Bylaw so as to permit: review of a permit originally granted in August of 1963, which has been renewed and used continously since that date for a gravel operation located at 44 Rea Street and the east side of Chestnut Street, Zoning District R-3. By the Order of the Board of Appeals William J. Sullivan, Chairman Publish in the Eagle Tribune May 26 and June 2, 1995. BOARD OF APPEALS 688-9541 BUIIDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D.Robert Nioetta Michael Howard Sandra Starr Kathleen Bradley Colwell f ,S I� - c....... .... 4 Town of North Andover :-� I o� P M D ' `;',,.' -- "�•' OFFICE OF %� 31 F1:Y COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street• North Andover,Massachusetts 01845 ' Bei-twist Dev. 'frust c/o Robert Bonen 120 Chandler Street Boston IiA 02116 RETURN TO SENDER 06/05/95 THIS BARCODE I5 FOR THE RETURN ADDRE55 ATTEMPTED NOT 1{N'Ot'4N � a 01845-0000