HomeMy WebLinkAboutBRADLEY PETITION VC
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date--February 14, 1957 -
Petition
I
Date of Hearing—
petition
27-3'956
Petition of A & A Concrete- Products Co7r an7_- -- — — _ --
Premises affected—364 Osgood Streets North Andover
Referring to the above petition for a variation from the requirements of the- —
Z n�j By-saws of North Andover
fstorage
so as to permit--
of equipments and FQOP°
� use of a builor ding -
addition to the present structure.
Appeals voted to GRAD the
After a public hearing given on the above date, the Board of App '-
PETITION _.and hereby authorize the Building Inspector tq issue a
permit to-- A & A Concrete pZ'oducto Corr a4 ------ -- -—
for the construction of the above work, based upon the following conditions:
Ralph E. Finck, ChaITT,=
Signed:
Board of Appeals
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
'I
Date Few 14* 1"7
Petition No. _
Date of Hearing SwU nber 27& 1956
Petition of A & A Concrete Praduata Coaspez /
Premises affeets+d 3fa4 bagood Street, North Andover
Referring to the above petition for a variation from the requirements of the
Zoning By-Lays of North Andover
so as to permit The use of a building for storage of equipment# end proposed
addition to the present structure.
After a public hearing given on the above date, the Board of Appeals voted to. GRANT the
i
PETITICii and hereby authorize the Building Inspector to issue a
permit to A & A Concrete Produote Camps;# ,
for the construction of the above work, based upon the following conditions:
Ralph E. Pinky, Chat==
Signed:
{
Board of Appeals i
I:
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r e •• �ttr .,
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
I
BOARD OF APPEALS
Notice.—This application must be typewritten; filed in duplicate; and accompanied by
a plan of the affected premises,a copy of the refusal by the Building Inspector
or other authority.
APPLICATION FOR VARIATION FROM THE REQUIREMENTS
OF THE ZONING ORDINANCE
Applicant A&A 0DTT0T?FTE F nnTjrTS On Address3a.-$AT"TM'T' Emil'
TO THE BOARD OF APPEALS: Application is hereby made for a variation from the requirements
of Sectiun&BT. V-'V3Paragraph-BEG2. of the Zoning Ordinance.
Premises affected are situated on the North South East Westd-de
side of 009R00 ------Street; ___$___.._feet distant from the corner of
Street and ]mown as NUMBER '�64Dsg^^d Gb'eet•
Description 4ifi(Existing) Building
1. Size of building- 30 feet front- _ 25--_feet deep_
Height- l _--stories• I R feet.. 4
2. Occupancy or Use: (of each floor)
i
S. Zoning District- RA S i d 0r.01 a l 4. Date of erection
t
5. Type of Construction: (cheek one) I TT TII S
6. Has there been a previous appeal,under zoning,on these premises- No
7. Description of proposed work or use- FQR Storage of egui-PUGMt
S. The principal points upon which I base my application areas follows•__Thm b u 13 i7 l-n g
wary built befnra 7nn1t0 8."ee*t •T+ Vgr, b1lilt jbr
business j)U=ocPs • rnd uned_%3g Snob.
TLA 'rPPI $his vvnnl A nnnat-i inti A. h�rAghft t0 di snorti r.na
the use for nrhinh if yTPn Rr n+arl.
I agree to pay for advertising in newspaper and incidental expenses.
Signature of ponn7& applicant
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NONk&l�i7 FROM
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by land of said Bailey and by land _d_14-the want ofbinning. Mali
1965
of N/F Arthur L. and Irene M. Four- (14 A__certam parcelof"Iand si u-
nier 380 feet to a point; thence turn- ated in said North Andover, bound-
ing and running southeasterly by ed and described as follows: North-
land of said Fournier 160 feet to a erly by Sutton Street, four hundred
point; thence turning and running (400) feet more or less; Easterly by
westerly by land N/F of the peti- land now or formerly of Konstandin,
tioners 50 feet to a point; thence four hundred thirty-five (435) feet
turning and running southerly by more or less; Southerly by other
land of said petitioner 993 feet, the land of Airport Commission of the
last described course being parallel City of Lawrence, and the City of
and westerly 100 feet from the west- - Lawrence four hundred (400) feet
erly line of Waverly Road; thence more or less; Westerly by other land
turning and running westerly by of Airport Commission of the City
land of said petitioners 100 feet to of Lawrence and the City of Law-
a point; thence turning and run- rence, four hundred thirty-five
ning southerly by land of said peti (435) feet more or less. Being the
tioners 75 feet to a point; thence same premises conveyed by the Air-
turning and running northwesterly Port Commission of the City of Law-
by land N/F of the Den Rock Drive- rence and the City of Lawrence to
In Theater, Inc., 660 feet to a point; the Knights of Columbus Associa-
thence turning and running south- tion, Inc., by deed dated October 19, .
westerly by land of said Den Rock 1964, recorded in the North Essex
Drive-In Theater,j nc., 700 feet to a Registry of Deeds, Book 1027, Page
point which is on the easterly side 126. (1965)
of Winthrop Avenue; thence turn- (15) A certain tract of land with
ing and running northwesterly by the Buildings thereon, containing
the easterly side of said Winthrop = 139 rods, more or less, on the west-
Avenue 545.42 feet to the point of erly side of the Salem Turnpike,
beginning. Said parcel of land be- f situated in North Andover, Essex
ing shown on a plan entitled "Plan County, Commonwealth of Massa
of Land located in North Andover, chusetts bounded and described as
Massachusetts showing proposed follows:.Beginning-6 the Westerly
Rezoning dated November 1964 side of said Turnpike at land once t
and drawn by Charles E. Cyr, Civil of Moses Foster; thence running
Engineer. Said parcel containing 22 South 40 degrees West by the wall
acres more or less all of said 16 links; thence North 66 degrees`
boundaries as shown on said Plan. West by a town way 18 rods to land
x.1965) once of David Foster; then North
13) The land in North Andover, all 8 and i/2 degrees East by said Foster
as shown on a plan of land known land and the wall 10 rods and 3 links
as "Colonial Gardens," recorded to a corner in the wall; thence North
with the North Essex Registry of 62 degrees East by the wall and
Deeds, Plan Book 4, Page 195, land now or once of Caroline Gray
bounded and described as follows: 4 rods and 14 links to said Turn-
Starting at a point in the center line pike; thence Southerly by the Turn-
of Osgood Street at its intersection Pike 22 rods and 21 links to the �
with the extended center line of point of beginning. Excluded from
Wayne Street, at the boundary of the above described parcel is that
the present Industrial Zone as portion of said land taken by the
shown on the North Andover Zon- Commonwealth of Massachusetts
ing Map; thence running along the under an order of taking recorded
center line of Wayne Street north- in Book 689, Page 281, North Dis-
westerly 215 feet to a point; thence trict Essex Registry of Deeds.
turning and running southwesterly (4966)
120 feet to a point; thence turning (16) That certain parcel of land in
and running in a southeasterly di- North Andover bounded and de-
rection 210 feet to a point in the scribed as follows: Northerly 280
center line of Osgood Street; thence feet by land now or formerly of one
turning and running in a northeast- Downing; Easterly 490 feet by the
'erly direction in two courses, by the westerly line of the Salem Turn-
center 11he of Osgood Street, 115 pike; Southerly 520 feet by land
19
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TOWN OF NORTH ANDOVER •
to MASSACHUSETTS
c ;>a ro
w BOARD OF APPEALS
w
NOTICE OF DECISION
� O
9p SO v E�Z
Date . . . . . . .
Petition No.. . . . . . . . . . .
Date of Hearing. . . . J.4I Y .I A . 1981
Petition of . . . . . . . . Jvseph P. Saa1 frank
Premises affected . . .36 2 0 s g o d S t . . .
Referring to the above petition for a variation from the requirements of the . . Z O n JA g. Ry. L a w
and. .Table, .2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
r
so as to permit . . . the. .cre.ation. Qf: .a . pew. bui.l.dable. ,]o.t , h.aYing. l,es,s. . t.han. .the
re.q(ri,red. .fr,ont.agp, .anal . s.obdi.vi.de, the. .Pro.pe:rty..wi th. .l.e$A . t.han, _th.e . re.qui red
frontage .
After apublic hearing given on the above date, the Board of Appeals voted to .GRANT. . . . the
va.r.i Ance. . .t0. .Sub.di xi.de. . . . . 11816195 sulatisline
pew. . . . .the. .pr.ope.r.ty. .an.d:.
1 . That a revised plan shall be submitted to the Board showing Lots A
and B as one 25 ,000 square foot lot .
z
t
Signed
F.ra.n k. .S a r.i.o,. .J r... ,. .0 b a.i.r.m.a n. . . . . .
. . .Al .f.r.ed. .Fr.i.ze.l.l e., . Esq.., . V.i.ce. .Ch ai rman
. . .W i J.l.i a.m. J... . Sul 11v an . . . . . . . . . . . . .
.Augus t.i.ne. .W.. .Ni.cke.rs on . . . .'. :.
I
Raymond A.. : Vivenai.o . . . . . . . . . . . . t
I .
Board of Appeals
I
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pONTp air-..
r see _ .�♦ `
TOWN OF NORTH ANDOVER
MASSACHUSETTS
� «
n 4 �, BOARD OF APPEALS
August 4 , 1981
Joseph P. Saalfrank
` 362 Osgood Street
Petition No . 27 - 181
Mr. Daniel Long, Town Clerk
Town Office Building
North Andover , Mass . 01845
Dear Mr. Long :
The Board of Appeals held a public hearing on Monday evening ,
July 13,1981 upon the application of Joseph P. Saalfrank . The
hearing was duly advertised in the North Andover Citizen on I
June 25 and July 2 , 1981 and all abutters were notified by
regular mail . The following Board members were present at
the public hearing and again on July 21 , 1981 when the decision
of the Board was rendered : Frank Serio , Jr . , Chairman ; Alfred
E. Frizelle , Esq . , Vice Chairman ; William J . Sullivan ; - Augustine
Nickerson ; and Raymond A. Vivenzio , Esq.
The petitioner seeks a variance from the provisions of Section 7 ,
Par. 7. 2 , 7. 3 and Table 2 of the Zoning By Law to create Lots
A, B , C, and D on plans submitted to the Board.
The petitioner testified that the proposed lots A and B were
purchased as one lot , and proposed Lots C and D were purchased
separately.
i
One of the lots contains the business of the petitioner and is
zoned General Business .
One abutter spoke in opposition to the creation. of" a lot upon }
which a dwelling could be constructed and which was proposed to }
front on Concord Street , a small , narrow street .
Upon a motion made by Mr. Frizelle and seconded by Mr . Nickerson ,
the Board voted unanimously to grant the variance as . requested ;
except , for the proposed creation of Lots A and B , which are
to remain as one 25 ,000 square foot lot. The petitioner is to
i
t.
.'0
Joseph P. Saalfrank
Petition No. 27 - '81 I.
August 4 , 1981 i
Page 2
submit revised plans to the Board showing the variance as granted .
ed
The Board finds that the petitioner has satisfied the provisions
of Section 10, Par. 10. 4 as to all lots with' the exception of
Lots A and B. Further , the Board finds that it would be a
hardship to the petitioner if hewere required to keep
as one
Parcel two dwellings and a General Business !structure.
The Board also finds that there would be no detriment to the
III
neighborhood by granting the variance as stated above.
i
Sincerely ,
BOARD OF APPEALS
17L A
Frank Serio , Jr. ,
Chairman
AEF 'w
(Plan to Follow)
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I hei-c6y cesrt/t t/x�i� tii�9 ,ems
C � !" `� j with the ru/as oa�'rcg4/chi
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PZoAV ae4C L41J2
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LOC.4TE0 141
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PER'.Ntrr fro. YY' APPLICATION FOR PERMIT TO BUILD -- NORTH ANDOVER, MASS. PAGE 1
MAP NO. LOT NO. 2 RECORD OF OWNERSHIP jDATE BOOK iPAGE
ZONE SUB DIV. LOT NO.
LOCATION0
PURPOSE OF BUILDING 2
��J''�a�fy��� s -- —� c
OWNER'S NAME l7 / ' f/a�cEE�nti�1/Y `.� NO. OF STORIES 2 size 2 g A, G �
OWNER'S ADDRESS It% �-�Yy/U� i�•%�9ASEMENTOR SLAB �y�E
ARCHITECT'S NAME •u f SIZE OF FLOOR TIMBERS IST 29,16P 2ND L K eo SRO
BUILDER'S NAME G,y`yf� /t/C �',y Lf:f SPAN 1�
DISTANCE TO NEAREST BUILDING 7 `z , DIMENSIONS OF SILLS 4,?"c G^
DISTANCE FROM STREET t " " POSTS Cellw_'R!Jr.-'^lam 3
DISTANCE FROM LOT LINES�'SIDES /f' 11" REAR !73'-T GIRDERS � 4
- AREA OF LOT FRONTAGE HEIGHT OF FOUNDATION THICKNESS td'
IS BUILDING NEW p,— 812E OF FOOTING kit„ /! x
18 BUILDING ADDITION ^r MATERIAL OF CHIMNEY e.�G
16 BUILDING ALTERATION IS BUILDING ON SOLID OR FILLED LAND
WILL BUILDING CONFORM TO REQUIREMENTS OF CODE �lC,� IB BUILDING CONNECTED TO TOWN WATER .'G.r
BOARD OF APPEALS ACTION. IF ANY 15 BUILDING CONNECTED TO TOWN SEWER y✓_-S
IS BUILDING CONNECTED TO NATURAL GAS LINE
INSTRUCTIONS s PROPERTY INFORMATION
LAND COST Z
SEE BOTH SIDES EST. BLDG. COST
ES
PAGE 1 FILL OUT SECTIONS I - 8 EST. BLDG.COST PER SQ. PY. / O
EST. BLDG.COST PER ROOM
PAGE 2 FILL OUT SECTIONS 1 " 12
SEPTIC PERMIT NO. -
ELECTRIC METERS MUST BE ON OUTSIDE OF BUILDING 4 APPROVED BY
- ATTACHED GARAGES MUST CONFORM TO STATE FIRE REGULATIONS
PLANS MUST BE FILED AND APPROVED BY BUILDING INSPECTOR
DATE FILE ! P
�? BOARD OF HEALTH
SIG URB OF OWNER OR AUTHORIZED AGENT
FEE j. cc 1
PLANNING BOARD
PERMIT GRANTED
.19
�. ef
BOARD OF SELECTMEN
BUILDING INSPECTOR
SFPEET .
14
R4
-25
FeWMPA WA/
L-Or A -2
I�VRrIOIV 61ofZ-Or.4
6�own '0/7 'c/an br e�'r
44
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1 2FAA-71A16Epe1A1d S=-Qv1a&-5' I've,
� .CAM4L SrREC-7-1
UAW #C)oerl-I AIVZ�-�;155�pj MASS.
FReAM.RaD FinZ
41 § 81V CITIES, TOWNS AND DISTRICTS
mandamus to compel town clerk to exe- by clerk, that no notice of appeal had
Putelan certificate stating that suplanniou been received by him. waldor Realty
Plan had been submitted to Planning Corp, v. Town Clerk of Bellingham
board for approval, that no notice of ft• (1966)216 N.E.2d 45:1,356 Truss.M. C}
nal action ei
by board had been received law.
81W- Modification, amendment or rescission of approval of Mur
Plan; conditions Bea
Tow
A planning board, on its own motion or on the petition of any per- Call
san interested, shall have power to modify, amend or rescind its ap- 84
proval of a plan of a subdivision, or to require a change in a plan as a
condition of its retaining the status of an approved plan, All of the I. cal
Provisions of the subdivision control law relating to the submission and Land
approval of a plan of a subdivision shall, so far as apt, be applicable to to tm
ly
the approval of the modification, amendment or rescission of such ap- chapter
Proval and to a plan which has been changed under this section. Within
he &air
t4aUF F
lVl
tract o
So far as unregistered land is affected, no modification, amend- sion co
ment or rescission of the approval of a plan nor change in a plan under of the
this section shall take effect until (1) the plan as originally approved, approv,
or a copy thereof,and a certified copy of the vote of the planning board such el
making such modification, amendment, rescission or change, and any and mi
additional plan referred to in such vote, have been recorded, (2) an en- during
dorsement has been made on the plan originally approved as recorded from tl
referring to such vote and where it is recorded, and (3) such vote is in- Peal ws
dexed in the grantor index under the names of the owners of record of taining
the land affected. So far as registered land is affected, no modifica- dorsem(
tion, amendment or rescission of the approval of a plan nor change in a require(
Plan under this section shall take effect, until such modification, compan
amendment or change has been verified by the land court pursuant to is a pla
chapter one hundred and eighty-five,and in case of rescission,or modi- plannin€
fication, amendment or change not so verified, until ordered by the vided in
court pursuant to section one hundred and fourteen of said chapter one submitU
hundred and eighty-five. term
im
Added by St.1953, C. 674, § 7. Prewribi
book ane
Gross References and, wile
dated Wit
housing board,suggestiais to Planning boards,see c.121,126. dorsed th
372
f
I
�,. -��Q �. yam' • 7"
Section 7. Enfomment
Building Inspector The inspector of buildings, building commissioner or
Responsible for local inspector, or if there are none, in a town, the
Enforcement board of selectmen, or person or board designated by
local ordinance or by-law, shall be charged with the
enforcement of the zoning ordinance or by-law and shallr 4
Withholding of withhold a permit for the construction, alteration or ��t
Permit if in moving of any building or structure if the building or
Violation of zoning structure as constructed, altered or moved would be in
viglation of any zoning ordinance or by-law; and no
permit or license shall be granted for a new use of a
,x building, structure or land which use would be in
violation of any zoning ordinance or by-law. OPOW
oq"gr or board charged with enforcement of zoning
Request for ordinances or by-taws i e
Enforcement SUN 0 ly
i
011ONEy
Notification of r -11
Action Within aCt, , ays 0
14 Days
$100 Maximum No local zoning law shall provide penalty of more than
Penalty Per one hundred dollars per violation; provided that
Violation nothing herein shall be construed to prohibit such
laws from providing that each day such violation
continues shall constitute a separate offense. 4PP'
Limitation on
Action, Suit, or
Proceeding of recover a fine or damages or to
Zoning Violation alteration, or relocation of any structure or part of
a structure or alteration of a structure by reason of
any violation of any zoning by-law or ordinance except
in accordance with the provisions of this section, section
eight and section seventeen, provided,
h
wil- hill, on,
shall be maintained, unless such
action, suit or proceeding is commenced and notice there-
six Year Statute of recorded in the registry of deeds for each county or
of Limitation on district in, which the land lies within six years next
Building Permits after the commencement of the alleged violation of law.
7-1
aa� ,
Such notice shall include names of one or more of the
owners of record, the name of the person initiating
the action, and adequate identification of the structure
and the alleged violation.
Enforcement by The superior court shall have jurisdiction to enforce
Superior court the provisions of this chapter, and any ordinances or
by-laws adopted thereunder, and may restrain by
injunction violations thereof.
Added by St. 2975, c. 808, s. 3
w
i
7-2
i
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41 §81V CITIES, TOWNS AND DISTRICTS
mandamus to compel town clerk to exe- Ly elerkt that no notice of appeal had
cute certificate stating than subdivisiotl been rc�t�elved by him. Waklor Realty
plan had been submitted to planning Corp. V. Town Clerk of Bellingham
board for approval, that no notice of fl- (1946)216 N.E,2d 453,354 Mass,0%. ale;
nal action by board bad been received law.'.
$i W. Modification, amendment or rescission of approval of Mu
pian: conditions nee
A planning board, on its own motion or on the petition of any per- ToVTow
V
son interested, shall have power to modify, amend or rescind its ap-
proval of a plan of a subdivision, or to require a change in a plan as a
condition of its retaining the status of an approved plan. All of the t co
provisions of the subdivision control law relating to the submission and Lou(
to tM
approval of a plan of a subdivision shall, so far as apt, be applicable to
the approval of the modification, amendment or rescission of such ap- chs tel
i proval and to a plan which has been changed under this section. whin
iq a h �Q
tract c
posed,
So far as unregistered land is .
affected, no modification, amend- sion ec
ment or rescission of the approval of a plannor change in a plan under of the
this section shall take effect until (1) the plan as originally approved, approa
or a copy thereof,and a certified copy of the vote of the planning board such c.
making such modification, amendment, rescission or change, and any and re
additional plan referred to in such vote,have been recorded, (2) an en-
during
dorsement has been made on the plan originally approved as recorded from t
referring to such vote and where it is recorded, and (3) such vote is in- peal'wi
dexed in the grantor index under the names of the owners of record of tailing
the land affected. So far as registered land is affected, no modifica- dorms
tion,amendment or rescission of the approval of a plan nor change in a requht
plan under this section shall take effect, until such modification, COMM
amendment or change has been verified by the land court pursuant to is a pk
chapter one hundred and eighty-five,and in ease of rescission,or modi- piannin.
fication, amendment or change not so verified, until ordered by the vided It
court pursuant to section one hundred and fourteen of said chapter one submitt
hundred and eighty-five. termone
Added by St.1953, c. 674, § 7. Presaft
book aD
and, unj
Cross References dated wi
Honsing board,suggestions to planning boards,see a 121,§26. 4dorsed U
372
/ FORM A
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APPLICATION FOR ENDORSEMENT OF PLAN
BELIEVED NOT TO REQUIRE APPROVAL
•
August 12, , 19 81
To the Planning Board of the Town of North Andover:
The undersigned wishes to record the accompanying plan and requests a determination
by said Board that approval by it under the Subdivision Control Law is not required.
The undersigned believes that such approval is not required for the following
reasons:
1. The division of land shown on the accompanying plan is not a subdivision
because every lot shown thereon has the amount of frontage required by the
Porth Andover Zoning By--Law and is 'on a public way, namely,
or a private way, namely, Wayne Street
being land bounded as follows:
100 feet by Wayne Street Westerly by land N/F of Enright 200
Southly 50 feet by Concord Street then Easterly 200 feet to beginning
t.
2. The division of land shown on the accompanying plan is not a subdivision for
the following reasons:
Has enough frontage on a town street. 1
1169 488
3. Title reference North Essex Deeds, Book 1165 Page 281 ; or
Certificate of Title No. , Registration Book ; Pa/gee
Received by Town Clerk:''
Town Clerk's Office was,, 7
Date: Au st 179 198 '� ApplHan�Vnature:M . Nor h Andover, Ma.
Time: 3:25 P.
Applicant's Address
Si ture:
� ^� Owner's Signature and address if not the
Anna Donahue applicant:
NOTARY Ptl=.0 �a0 10 !top a'9- '467 0-gRond St-
My Commission expires 8J13 87 North Andover, Ma.
I
x
Notice to APPLICA240U.-IN CLERK of Action of Plannin,; Board on Accor,,,..
1. The North Andover Planning Board has determined that said plan doe., •
require approval under the Subdivision Control Law, and the appropriate
endorsement has been made upon the same.
w
2. The No dover PI ing and has erm' ed that sai shows a
subdi si , as de ned by L. c. 1 , S. 81 L, and there
re- bmi ed to t for appro under the on Control Law.
Very truly yours,- .
NORTH ANDOVER PLANNING BOARD"
4 By:
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