Loading...
HomeMy WebLinkAboutCONTARINO, ANGELO �INSTRU�TIONS TO DELIVERING EMPLOYFL ❑ Show to whom and Si ow to wham, when, and Deliver ONLY when delivered LJ address where delivered ❑ to addrasseo (Additional charges required for these services) RECEIPT ._. Received Me iulmbered article described below. REGISTERED NO. SIGNATURE OR NAME OF ADDRESS (Mast always be,Flled in) 1l!.� CERTIFIED N0. 13 2 SI ATURE aF ADDRESSEE'S AD¢NT, IF ANY INSURED N0, l 1 i DATE DELIVEREDS WHERE DELIVERED(only i{reguerted) I u86-16-71648-8 6P0 POST OFFICE DEPARTMENT PENALTY FOR PRIVATE USE TO AVOID OFFICIAL BUSINESS PAYMENT OF POSTAGE.SM ,y POST' A'KK OF. OEL�lAt RWO.OFFICE INSTRUCTIONS: Show name and address below and complete instmctions on other side, where applicable. — --- Moisten gummed ends, attach and hold firmly to back '._RETURN of article. Print on front of article RETURN RECEIPT REQUESTED. Y� c NAME OF SENDER _ < STREET AND NO. OR P.O. 13OX G, n POST OFFICE, STATE, AND ZIP CODE ) INSTRI w'MIS TO DELIVERING ENIELQYEE Show 9a whm andShaw to whom,when,and Deliver ONLY when delivered LJ address where delivered 11 to addressee (Additional charges required for ibese services) RECEIPT Received the numbered article described below. REGISTERED N0. SIGNATURE OR NAME OF ADDRESSEE(Myst always befslled in) CERTIFIED N0. / L f�3oJ—�Cp U SIGNATURE OF ADDT, IF ANY INSURED NO. DATE DELIVERED SHOW WHERE DELIVERED(only if requested) 066-18-1J1b49-8 aro r POST OFFICE DEPARTMENT PENALTY FOR PRWAii���USE TO AVOID OFFICIAL BUSINESS PAYMENT OF POSYkE.'$300 RK OF LIV DFERI FFICF ti n INSTRUCTIONS: Show name and address below ancf— complete Instructions on Aq,her std where applicable -- -----��_L Moisten gummed ends, aRch and bold firmly to bac RL a N of article. Print on front of article RETUR,' - m RECEIPT REQUESTED. - -< TO - I 7 N'iM- OF SENDER C4 MEET AN) NO. OR P o. BOX u` POti'I CENrr., ;NATE, ANO :IP CODE - I 7 INSTRUCTIONS TO DELIVERING EMPLOYEE ❑ Show to whom and Shaw to whom,when, and Deliver ONLY when delivered ❑ address where delivered ❑ to addressee (Additional charges required for these services) RECEIPT Received the nuinbered article described below. REGISTEREJN0. S11GNATUR5 OR NAME OF ADDRESSEE(Mustalmaysbefilledin) CERTIFIEDNATURE OF ADDRESSEES AGENT,if AIfr'INSURED DATE DELIVERED SHOW WHERE' ELI RED(only d requestedb-^--"' ��� "66-16-71646-9 opo I POST OFFICE DEPARTMENT PENALTY FOR PRIVATE DISE TO AVOID OFFICIAL BUSINESS n PAYMENT OF POSTAGE,130D iiof w - ING INSTRUCTIONS: Show name and address below and cnmplere instructions on other side, where applicable. Moisten gummed ends, attach and hold firmly to beck RETURN of article. Print on front of article RETURN RECEIPT REQUESTED. jiko TO ^' NAME OF SENDER o � �LL — —�° � 00 STREET AND N0. 0:2 P.O. BOX v°. POST OFFICE,STATE,AND Z!P CODE (, v J i INSCRUCTIONS TO DELIVERING EMPLOYEE ((— chow to whom and r` Show to whom,when,and �`` Deliver ONLY L_! when delivered 1 address where delivered L ] to addressee (Additional charges required/or these services) RECEIPT Received the numbered article described below. REGISTERED NO. SIGNATURE OR NAME OF ADDRESSEE(Mustalwayrbeftlkdtn) CERTIFIED NO. J 1 `���`26 /3� SIGNATURE OF ADDRESSEE'S AGENT, IF ANY 2 0 INSURED NO. (�y]D'r}A'TE DELIVERED SHOW WH ER DELIVE (only ifregZled) Af aS5-18-71b48'8. 6P0 POST OFFICE DEPARTMENT PENALTY FOR PRIVATE USE TD AVOID oFPIC1AL BU" PAYMENT OF POSTAGE.Saud r� \\\ POSTMARK OF F \ ❑ELNERING OFFICE; I a c U . INSTRUCTIONS: Shoes'name and address below and complete instructions on other side, where applicable. - ----- hIcisten gummed ends, attach and hold firmly to hack RETURN of article. Print on Crone of aruile HLTURN TO&FCEIPZ' i2i7QL'fiSTLU. NAME OF SENDER 'z' C � cp(Si REET AND NO, OR P.O. BOX _ [ ;'ST OFFICE, STATE P.ND 71? COO: -"l INSTRUCTIONS TO DELIVERING EMPLOYEE ( Show to Whom and { -1 Shaw to Whom,when,and ❑ Deliver ONLY When delivered addross where dpliePred to addressee (Adda+„ional cha. es required'wr iJ)ese services) RECEIPT Received the nuns ere3 article described Mow. REGISTERED H0. SIGNAPJRE OR NAME OF AOORESSLE(Mwtaluaysbefitted M) CERTIFIED N0. SIGNATURE OF ADDRESSEE'S AGENT,IF ANY 2 INSURED N0. - DATE DELIVERED SHOW WHERE OELIV-E7U(onlytj requested) LLZ - 068-16-71698-8 apo r POST OFFICE DEPARTMENT PENALTY FOR PRIVATE USE TO AVOID OFFICIAL BUS]NESS _\ N C PAYMENT OF POSTAGE,S3W1 DEL 0.5T GOFFICE s INSTRUCTIONS; Show name and address below and complete instructions on other side, where applicable. --- b5oisten gummed ends, attach and hold firmly to back RETURN or urflcle. Print on front of article RETURN -to RHQUHSTED. NAME OF KNOER 00 lj STREET AND ND. OR P.O. BOX r `!�hOST WtCE, STATE, AND Z!P COD' 1 - 1 I INSTRUCTIONS TO DELIVERING EMPLOYEE � ❑ Show to whom and F-1 Show to whom,when,and Deliver ONLY when delivered L_i address where delivered ❑ to addressee (.Additional charges required for these services) RECEIPT Received the riumbe_red article described below. REGISTERED NO. SIGNAi URE OR NAME OF ADDRESSEE(Alast always befitted in) 1 I: CERTIFIED NO, /..s�.1:.�7 2 SIGNATURE OF ADDRESSEE'S AGENT, IF ANY INSURED NO. DATE DELIVERED SN HERE DELIVERED(only it re;wey{ed)- ' II 65-16-7164e-8 Apo f POST OFFICE DEPARTMENT PENALTY FOR PRIVATE USE TO AVOW ` OFFICIAL BUSINESS n PAYMENT OF POSTA6f,S'Toa I ` POS F- I r��� rf OFFICE 1 ZNSTRUCTIONS: Show name and address below ani t complete instruciions on other side, where applicable. ----- -- I Molten gummed ands, attach and hold Ermly to b'J, RETURN „ ( of aaie_e. I'riot on .rant of article XETUR:ti H 1 i,-Gi',IPI' T REQ1,�FS?-`.L. I ... O� 1 I STHECT AND NG. OR P.D. BOX RNSTRUCTiONS TO DELIVERING EMPLOYEE ❑ Shaw to whom and Show to whorl,when, slidl Deliver ONLY when delivered ❑ address where delivered G to addressee (Additional charges required for these services) RECEIPT Received the numbered article described below. REGISTERED NO. SIGNATURE OR NAME OF ADDRESSEE(Must always behlled i#) CERTIFIED NO. q I f 2 SIGNATURE OF ADDR EE'S AGENT, IF ANY INSURED NO. DATE DELIVERED SNOW tKAE DE IV ED( r J requecatea) T cb5�16-71b46-S 6P0 I ST Office DENT PENALTY FOR PRIVATE USE TO AVOID OFFICIAL H IN6S* PAYMENT OF POSTAGE,I= m - (`^• r-^ p STMARK OF m a F'" [ s-.DVERINO.4J6FICE ... I i p INSTNUC.CIONS: Show game and address below and complecc mstructrc on othe c where app=,cable. -------- A1oi!ien gum.ned c t s,attach attd hold firmly to back ( of article. Pint on trent t srt isle R �ETUNETURN RECEIPT laQ'UmLn. +� TO u NAME OF SENUER - r 0 Ob STREET AND NO. OR P.O. BOX --- m +�+FOST OFFICE ST,'TF AND!IF LjJ `� r f INSTRUCTIONS TO DELIVERING EMPLOYER ❑ Show to whom and I---I Show to Whom,when,and ((��{{ Denver ONLY when delivered LJ address where delivered LJ to addressee (Additional charges required for these services) RECEIPT _ Received the numbered article described below. _ REGISTERED NO. SIGNATURE OR NVAE OF ADDRESSEE(Arustalways befilledbr) CERTIFIED NO. /t . � 2 SIGNATURE OF ADDRESSEE'S ACENT, IF ANY INSURED NO. DATE DELIVERED SHOW WHERE DELIVERED(only if regrested) OSb—IS-71b48-8 Opo � POST OFFICE DEPARTMENT PENALTY FOR PRIVATE USE M AVOID OFFICIAL BUSINESS PAYMENT OF POSTAGE,f30D ap POSTMARK OF a DELIVERING OFFICE ti N INSTRUCTIONS: Show name and address below and complete instructiees on other side, where applicable. ---- Moisten gurnrned ends, attach and hold firmly to back + RETURN of article. Print on front of article RETURN !I ,rte RECEIPT REQUESTED. AW' +' NAME OF SENDER ISI 00 STREET AND NO. OR P.O. BOX POST OFFICE,STATE, AND ZIP CODE g / /17 _ INSTRUCOONS TO D1IRF-RING EMPLOYEE '' ll Show to whom and Shaw to whom, when, and Deliver ONLY LJ when delivered ssdress where delivered 11 to addressee (Additional caarges regriired for these services) RECEIPT Received_ the membered artiele described below. REGISTERED NO. SIGNATURE OR NAME!JF ADDRESSEE(Mustalways befifled in) CERTIFIED NO. r d ,,, < ��') 2 Sl ATURE� DD ARESSEE s AGENT,IF ANY INSURED NO. DATE DELIYERED SHOW WHERE DELIVERED(only if mpcsted) +_—•��cSi—Yi-71695-9. .OPO r POST OFFICE DEPARTMENT PENALTY FCR PRIVATE USE TO AVOID OFFICIAL.F7USINF_SS .eAaWQ%iiF PY'TWE,$3W 1 ~i Po5rmARK OF w DELIVERING OFFICE n I T INSTRUCTIONS: Show name and address below and complrle instructions on other side, where applicable. Moisten gummed ends, attach and hold firmly to back }MTuRH of article. print un front of article RETURN L. RECEIPT REQUES7FD. dP�wb TO x NAME OF SENDERTA 0 .+I i REET AND NO. OR PO. BOXCYI i u'. PO&i Or FICE, STATE,ANO ZIP CODE I I � / �j INSTRUCTIONS TO DELIVERING EMPLOYF_E ❑ Show to whom and Show to whom, when, and Deliver ONLY when delivered ❑ address where delivered ❑ to addressee (Addifional charges required for these services) RECEIPT _ Rereived the nunv r_ed_article described below. _ REGISTERED N0, SIG7 ""1 E NAME DF ADDRESSEE(A sh alwaysbefilkdix) � 1CERTIFIED N0, SIG ATURE OF ADDRESSEE'S AGENT,IF ANY INSURED NO, DATE DELIVERED I SHOW WHERE DELIVERED(onlyrfreynested) 1AR ) � •.�, IIII � z f I C55-18-71598-8 OPO POST OFFICE DEPARTMENT PENALTY FOR ATE tis( ID OFFICIAL.BUSINESS PAPM JF P057 E, y 5� RK OF IV- ;NC4FFICE l' t W INSTRUC'110N5:SSow name aeu address',,--low and comp( rc m':tucr 0 sin �cr side !,re anfa 1L ble - - Iriotsten gummed cads ataau aa" d nein" t:S_ck of article. Z Purt un Croat of Ic Ri" iCN d„K3 RETURN.�, m RECEIPT REQifES'TPlJ. - HAM`c OF SENBER e' t L STREET ANO N0. OR P.O. BOX w0 1 POST OFr;CE, STATE, ANO 21P C07E !� �J INSTRUCTIONS TO DE.IVERINC EMPLOYEE ❑ Shew to whom and rr—I� Show to whom, when,and r� DeliYer 014121 when delivered u address Where delivered u to addressee (Additional charges required for these services) RECEIPT Received the numbered article described bet_ow._ REGISTERED NO. SIGNATURE OR NAME OF ADDRESSEE(AlussalmaysbeJ,lledia) CERTIFIED N0. 1 1 '3'Z'5-k0 2 SIGNATURE OF ADDRESSEE'S AGENT, IF ANY INSURED NO. DATE DELIVERED SHOW WHERE DELIVERED(only if requester!) 31Ile& obb-18-71b48-8 oro r POST OFFICE DEPARTMENT PENALTY FOR PRIVATE USE TO AVOID OFFICIAL BUSINESS PAYMENT OF POSTAGE.I!0 y POSTMARK OF .DELIVERING OFFICE w N INSTRUCTIONS: Show name and address below and complete instructions on other side, where applicable. — Moisten gummed ends, attach and hold firmly to back RETURN of article. Print on front of article RETURN !_.! jp RECEIPT REQUESTED. �C NAME OF SENDER - 0 1 ' vq OD STREET AND NO. OR P.O. BOX _J , Z POST OFFICE,STATE, AND ZIP CODE > O r r� m ON DA RECEIPI fOlt CERtIf�E� ', SENT TO „„ 11 STREET AND N0. D-Lip CODE O, 57At@• SRE SER410ES FDR EDDtiIONEI F Aia On19 EX pa ,ophom• petwn 'mvs t dRhere Q 50¢fee e[ Side) 1{ (Y7 Shows tO hom dat°del v®red See oth Q 35¢ t8e 9gOV1DE� de Iver NO ,p�pUR INTERMAT,NA`MAtS. r/• Q 10¢ fee F� T 14 pOD Foam 3 p Mac,l i i RECEIPT FOR CERTIFIED MAIL-30¢ SENT TO POSTMARK OR DATE co STREET AND NO. r— L0 P.O.,STATE,AND ZIP CGDE cv (Y) EXTRA SERVICES FOR ADDITIONAL FEES T--qReturn Ree"P/ Deliver to Shows to whom Shows to whom, I Addressee Only e anddate dote,and where 1 O delivered delivered 50¢ fee Z ❑ 10¢fee ❑ 35¢fee POD Form 3800 NO INSURANCE COVERAGE PROVIDED— (See other side) Mar.1966 NOT FOR INTERNATIONAL MAIL RECEIPT FOR CERTIFIED MAIL-30¢ ' SENT TO POSTMARK OR DATE L - STREET AND no. - r- LO P.O.,STATE,AND ZIP CODE CV M EXTRA SERVICES FOR ADDITIONAL FEES - T�{ h'o rp-'Sh Deliver to Showa to whom Showa to whom, Addressee Only end date dets,aadwhere I{ Y delivered delivered 150¢fee ��► ❑ 10¢fee ❑ 35¢fse POD Form 3800 NO?I�IM►RANCE COVERAGE PROVIDED— (See Other side) Mar.1%6 r T FOR INTERNATIONAL MAIL RECEIPT FOR CERTIFIED-MAIL-30¢ SENT TO POSTMARK OR DATE STREET AND No. - r LO P,O.,STATE,MID ZIP CODE .M. - M.rnt ARTN ES FOR ADDITIONAL FEES - .. Showa to whom SSa to mhom,ecops Deliver to anddate date,and where Addressee ONy do[nrered d®livered ❑ 50¢fee ❑ 10¢fee ❑ 35¢fee Mary..1968 88D0 �NOTT FOR O N CTCADRAATWNALL AMID IL (See other side) RECEIPT FOR CERTIFIED MAIL-30¢ SENT TO � POSTMARK OR GATE M STREET AND N0. r-- Liz P.O.,STATE,AND ZIP CODE N CV1 RRTRA SERTMN:ES FOIL AODInONAL FEES Shows -atto whomm 3 to whom, Deliver to and da to date,and where Addrwssee Only - Q delivered delfvered ❑ 10¢fee ❑ 35¢fee ❑ 50¢fes Mater.1966 NOTT FR'OAR INTERNATIONAL MAILED (See Other side) RECEIPT FOR CERTIFIED MAIL-30¢ SENT TO t POSTMARK OR DATE Q STREET AND NO. 00 Lf) P.O.,STATE,AND ZIP CODE CU _ �Y) EXTRA 8ERW U FOR ARMTIONAI FEES - Itatuns H ask Deliver do . Showa to whom Shows to whom, Addrerapr Only and date date,and where delivered delivered 0.5041:ee - - ❑ 10¢fee ❑ S50 fee POD Form 38M NO INSURAMCE COVERAGE PROVIDED— (See other side) Mar.1966 NOT FOR INTERMATIONAL MAIL I RECEIPT FOR CERTIFIED MAIL-30¢ r POSTMARK SENT TO ( � _ 60jStT + i Q) STREET AND NO. - .. Ln P.O.,STATE,AND ZVP CODE ; N (Y) EXTRA MIX" S FOR ARORfu FEp - Return ibeYot ,. Ileliver•to ... Showa to whom Shows to whom, I Add"""Only , and date date,and where 11 O delivered delivered ❑ 500 fee I ❑ 10¢fee [:1350 fee POD Form 3800 NO 1"WRANCE COVIMAOE PROVIDED— -(See other side) Mar.1966 NOT FOR INTlANATNMAL MAIL RECEIPT FOR CERTIFIED MAIL-NO SENT TO POSTMARK tlR OXFE MAIL I W STREET AND NO. L O P,O.,STATE,AND ZIP CODE N i M am IERTNEB FOR AORIAONM FEATI Return ReNiot Delivarto r-1 Showa to whom Showa to whom, Addrealaa Only and date de to,and where a delivered delivered ❑ 50�fe f 0 ❑ l0¢fee ❑ 350 fee F-I POD Form 3800 MO p1OMT11FANCIE 94DVER GE PROVIDED— (See other side) I; Mar.1968 RECEIPT FOR CERTIFIE/D /�MAIL--30¢ AR POSTMK SENT TO OR DATE MAR ; STREET AND NO. Lf) P.O.,STATE,AND ZIPCODE N (� EKTRA WWWU EOR AMMONAL FEES' ..' nature;qbo$Ot Del' t0 Showa to whom Shows to whom, Addre ®®Only and date date,and when I a delivered - delivered 'tl D, fee El►� lot fee ❑ 95¢fee POD Farm 8808 NO NOT INTERNATIONAL MALLED— (See other side) Mar.1966 RECEIPT FOR CERTIFIED MAIL-30¢ ppSTMANIC OA DATE SENT TO •.� STREET AND110. 00 P.O.,STATE,AND ZIP'CODE N EXTRA gEAVNM F011 ADDITIONAL Deliver to M Ra•Uwn.Reud°t Addressee Orly Shows to whom Shodsjand where and date delivered delivered ❑ 5a¢fee fee Z I❑ 10¢fee ❑ 35¢ POD Form 3800 m �j T FFOAR INTERN TWMAL MAILED— (See other aide) Mer.1986 RECEIPT FOR CERTIFIED MAIL-30¢ PO OR I= SENT TO N STREET AND N0. 00 !("j: P.0.,STATE.AND ZIP CODE M _ #RVICES FDR ADDITIONAL FEES Deliver to IIshNN IttWet Addressee Only Shows to who showato date,end where I end date delivered { ❑ $Q¢fee delivered Z ❑ ia¢fee ❑ 35¢fee POD Form 38W 110 NOTIFOR IWFAAGE NTERNATIONAL MAILER— (See other side) Mar.1966 RECEIPT FOR CERTIFIED MAIL-300 POSTMANN ' OR DATE- SENT TO STREET AND NO.LO - co P.O.,STATE,AND ZIP CODE N EXTRA SERVICES FOR ADIRMONAL FEESDehver to 'M MnnN a••slot Addressee Only !� Showa to whom Shows and who a and dare date,deUvd vr0500100 • delivered ❑ 10¢fee ❑ 35¢fee POD Form 3800 NO IOTIFROR INTERNATIONAL MAIIEp— (See other side) Mar.1966 x yysax,, ��.NoRTy i F� API11471'1 i,.'0� ;¢•,• 1855 ,•p�:f • rrr•Y� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE . 3 . . . . .190 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building,North Andover,on. . . egg . . . . . . . the 23* day of . . *V4 . . . . . . . . . . . . . 19.67., at 710'Ro'ck, to all parties interested in the appeal of requesting a variation of Sec.. . . . . . .of the Zoning By Law so as to permit. 1r . y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on the premises, located at,*N. vast.". of 0511. . ,_ : .$t6 j 3w.t'eet .diett ftm.the. swot.el. fleet .$t!VA0. . By Order of the Board of Appeals Jobe IT, 9.e]+des Cholium ET — Feb, 25 & 'K"t 40 1967 XUU T*Ibfto PdAtabbe; 2$5 Rewnc StweA +�►tZ+ ai the Sia an r " and Maw 4. 19". uwnmfto Uwe 16 Awf"� lied swul oame : DDUD CW N AA w: � TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICE OF BUILDING INSPECTOR . ?K:;;. a. MIa7n •: lass March 6, 1967 Board of Appeals Town Office Building North Andover, Mass. Gentlemen: The application of Angelo R. Contarino for a building permit having to do with the construction of a swimming pool and tennis courts was refused. Section 4 having to do with the uses allowed in various zoning districts does not mention reerea- tion areas as an allowed use in a residential area. Therefore, no permit can be issued for the proposed use of the land. The basis for the refusal is found in Section 4.01 which prohibits buildings and uses of land that are not specifically mentioned in the Zoning By-Law. Very truly yours, BUILDING INSPECTOR Charles H. Foster, Jr. CBF:ad 24 1967 Robert U 301 Zoom strest UWremot Dear an via g*u4stua tw Ampu 14 cmurlawyou we *&L#M f wAw ow smAnt lasto we of x" Vd"d U sio" abutters vLA at iu+ro vaC be sot ky owtMod wSU 'mow 004 at, tht saw 1a! '`,<-w 9 ' oho*k or mW order to oam % cost of the same so Vat we mq seed mt the V*Vds*d ao pWable tot MM 4lok or a or Tau larnme Worth And~# Vans Tay t*47 y BOARD APPOM rT�llt d. Cbeltum w• , r7n , 44 ms ��. t a 1 5 K Y t, _ j Dome low a `Ge t ± 1i r IV AfFAUS N0 TN 2,• pgq,�T 3 •� • e. � r A w P�� i 4•. 1855 �SACHU9f'in' ^ ►r ty � /rr TOWN OF NORTH ANDOVER —� MASSACHUSETTS 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: . Angelo R. Contarino Address. 76 Hillside Road, No, Andover TO THE BOARD OF APPEALS: Application is hereby made for a variation from the requirements of Section 4 Paragraph 4.1 of the Zoning Ordinance. Premises affected are situated on the North South East Wes+ side of Chestnut Street; —3-0-0---feet distant from the corner of Rea St. Street and known as NUMBER_ Street. Description of (Proposed) (ZZMW Building 1. Size of building: 60 feet front: 30 feet deep. Height: one stories: 12 feet. 2. Occupancy or Use: (of each floor) 3. Zoning District: Country 4. Date of erection: 5. Type of Construction: (check one) I IT III 6. Has there been a previous a NO p appeal, under zoning, on these premises: 7. Description of proposed work or use: Private, non-profit, swimming and tennis club 8. The principal points upon which I base my application are as follows: 1. The intended use will not conflict with the rural area 2. No dwelling within about I mile of promises 3, Intended use .would improve the area 4. Intended use requires no further facilities of the Town 5. Intended use would not derogate from the intent of any By-law I agree to pay for advertising in newspaper and incidental expenses. TITLE REFERENCE Signature of responsible applicant BooK-74YPAGE 30 Attorney for Angelo R. Contarino II NOTICES SENT TO: Names: Addresses: >*�&+aa NOR+yr ;i 3?J�rpMaP.�T ado�, a ro'•: Amn7r :a� '�`; 1855 •,�• S� w �y"•9CNUg�'aa rrr • TOWN OF NORTH ANDOVER MASSACHUSETTS 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: W. Angelo R. Contarlso Address: T6 IL1I6146 Roads NOw ASftver TO THE BOARD OF APPEALS: Application is hereby made for a variation from the requirements of Section 4 Paragraph 4.l of the Zoning Ordinance. Premises affected are situated on the North_ South East Wes+ side of Ch*Bt"t Street; feet distant from the corner of Bea St. Street and known as NUMBER Street. Description of (Proposed) MUNOW Building 1. Size of building:- 60 feet front: 30 feet deep. Height: One stories: 12 feet. 2. Occupancy or Use: (of each floor) 3. Zoning District: comt y 4. Date of erection: 5. Type of Construction: (check one) I II III 6. Has there been a previous appeal, under zoning, on these premises: NO 7. Description of proposed work or use: PrIVat9s 100130'prOflto 15WISSing and tennis club 8. The principal points upon which I base my application are as follows: 1. The intended use will not confli®t with the rural area 2. io dwelling within about # all* of presises 3. Intended use would improve the area 4. Intended use requires no further facilities of WW TOM 5. Intended use would not derogate from the Intent Of any BYlaw I agree to pay for advertising in newspaper and incidental expenses. TITLE REFERENCE BOOK19/ PAGE—LL .�ttQ g Y'Te ;e Zile NOTICES SENT TO: Names: Addresses: O NfH�'E t F! Avnu7TV x� NKEV �,� ISss Rkl►sLS tuaed� - . C WR 'NTV4 k f t insulfleirnt� BOARD OF APPEALSplpvedr` dross ete \ TOWN OF NORTH ANDOVER p lt�►+t t*d$0 MASSACHUSETTS Dc r J Mr. William Sheridan G c/o Melia Fortin Name 1st Notice 11 Bailey Street 2nd Notice_,,,,_ R.eturnXAR4AW 7axrence, Mass. CERTIFIED No 132579 POST OFFICE DEPARTMENT PENALTY FOR PRIVATE USE TO AVOID OFFICIAL BUSINESS PAYMENT OF POSTAGE SM ap POSTMARK OF DELIVERING OFFICE b N 1 INSTRUCTIONS: Show name and address below and complete instructions on other side, where applicable. — Moisten gummed ends,attach and hold firmly to back RETURN of article. Print on front of article RETURN / RECEIPT REQUESTED. LI TO c HANE OF SENDER STREET AND N0.OR P.O. BOX f � � a° POST OFFICE,STATE,AND ZIP CODE Ll D g :fix INSTRUCTIONS TO DELIVERING EMPLOYEE _ ❑ Show to whom and Show to whom,when,and Deliver ONLY when delivered ❑ address where delivered ❑ to addressee _ (Additional charges required for these services) i RECEIPT i Received the numbered article described below. REGISTERED NO. SIGNATURE OR NAME OF ADDRESSEE(Masi always befslkdsx) CERTIFIED NO. L 2 SIGNATURE OF ADDRESSEE'S AGENT,IF ANY INSURED N0. 1 `tk DATE DELIVERED SHOW WHERE DELIVERED(only drequested) f i c55-16--71648-8 OPO a ;: 1855 t. � TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS 1?s 1967 't Selo �� 0+ttetrttr• Now A14Wspy Mass* Door 0lart IP40 11041raa of Angels R* Contarine# It RLU#tAs Ra&4 Wa th A tdovretk* MassE,wdt a #0 fear a es ea ftom tbe, p tma* at $**tie* 4 of tart ;qtr, of sla�.of Reath artdeWesr, t , board sold appUsatlm and pift'l-Ion artt the of" or • 1967* at 7030 PoSo Tbo g+srlso Vw told is the Tow Oftloo Mullding taeri).itiesl, member* pr000ftt aset voting wore d*s d* ftlalda# s JkM&M ftYO, a *Votrarrf, lot to OrLo ir Donald i�oott, sad Rer oV4 fd , •item*$ far AwWw Inamood In bit absentee NoWose nt the appli sttaartt was At Rabort, Lo N ftW`# wtttaro so 0 jootoVe board or register#& fto petition. or the 4"lloost WAS +ttdsaatiso d #•s Ike I i►aAWOOs B4110 Tribmwo usder sato of ftbruspy #S ad 4, 1961. All abutters woro day notified of 4tus leaving by e a,11ti d 0410 AttesM07 Robert Serum , rp d s&4 pleladsd tho lI#a .o0 to ppovido a tart t silt atrad tools slub on a portal of lead. on the Westerly aide at obeatmt R a►ota Att orney germane 0101 Un*d tiro ob$ ottiwes of tbo 'appllossttf tit b itt SWIMIng �arotd' tennissitb, eteid l'i]J&d a situ plan o looa"eo,W of a a pout tsamlo Os'W t layo0j, and . Alto provided on tko OIL plan, is a reservation lwelitatti perking faeilitlos for, ritty ea+tvc ?Iaus snatatdo the Ia i44 *t o*# 1 drred family nowboVSkIps that OVW&ttoW vosld be monovMfItablop end that as '`oiilltiert at ike tarma would be roqWvodo fho pleadlup fro limited foo4amostollf to tete forrrawrlmg +attd that to .reed is the appilootion# So ouar #ropomouts spout* It to V is I ii CONTARIBO Myr, Philip Husby# a nearby residents asked several questions of which part were answered, at whish tine the Chair suspended the legal, technical aestions sings they were not in the formK t q e7 Of o osition and sere Mors suspended for later discussions PP , the Hoard Chairman specifically asked Attorney Normans sasotly shat provision of section 4 of the ZoningLaws he wished a variance on. itis response indicated that ttr 6 was no provision for this type operation or this end use of land contained in the Zoning By Laws and that Beetion !} was the nearest applicable section of the By Law that Mould pertain to the planned operation of a swimming and tousle alum. All present were given an opportunity for further dissusslftp No and cont and hearing no further discussion, a notion was nades s000ndeds and duly voted to take the application under adTisesiont. In execrative session the Board disonssed the fast that u othe r or not the proposed recreational facility was a profit or nen-opsefit organisation did not materially change the operation for which the Zoning By Law, as currently sestpriseds does not allow or grant permissive use of land in residential areas for the purposes sought. In the *rent of the establishment of such a recreational activity# with family aeaberslsip, it is conceivable that upwards to one hwWr*d ears fyrom the direct fanillos scald be anticipated in the use of the facilities at pock periods during the height of the seasonal weather period. And while many memberships slight not be represented, atony would be there in marc .than one vehicle. The Hoard further considered the potential possibilities that all similar type facilities extend within the family membership a guest privilege which, it suoh wort the cases could add additional sera Visiting the facilities sad thereby causing considerable songestion in the imao diato area. There was further reviewed an additional plan uhioh Attorney Hermann submitted to the Board showing stab-diTislos of land now owned by Mr, greenwood and abutting Chestnut Streot. No evidence that the lots shags on said plants had been reoosirdods and in the event that this facility was to be established at this loess, there remained many other residential areas that in the projected future would be developed, adding additional traffic to Chestnut Street whish at this time is without permanent surfacing, sad during certain seasons of the year is non-traversable. The Board further considered the ascossability-of a high &meant of traffice utilising the access roads leading to and from the site and the affect upon the residential properties within the access read areas. A notion was made by Member Donald Scott and seconded by Associate Member Howard Gilman to deny the application* • DECISION III GONTAR NO no principal roaseaa tar denying this applisatlen arot a) ftero is SO ppevisioa within Iia War* Andover Toning B Law that oroates permissive, use of residential paro"rty or any other Zoned area for the paeposos applied fore b) rm Board of Appeals does not have the matherisation to establish a now para l"Ive ago est othearwiso provided in the aoaisg By Law, hear does it have the legal atthority to rant an app ioatilat sash as sottalued herein whish word In *means* be re-gaming. o) That to establish this Fenn of a rereationnl astiTity In an area now zoned presidential world derogate fpon neighbor hood Tallies and be detriaontal and adversely affeet neigh- boyhood inflaenoes, d) No hardshi*t fivaasial, lir otherwise, was established In the pleadings of the applioation, Ukiah is one of the essential requI rommato for positive "ties by this Beard. 14 reJoetiag this P*tlties, the ffiORINg Board of Appeals resegalsos that there are ether loeal remedies available to the proposeate. Terry truly p+ears, I J mol fSha Males. IL loss ' ��9cH1394� w TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . . . . . . . . Petition No.. . . . . . . . . . Date of Hearing. . Petition of . . . . i . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected `; Referring to the above petition for a variation from the requirements of the. . . . . . . . . . : so as to permit. . . . . ... . . . . . .. . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . .. After a public hearing given on the above date,the Board of Appeals voted to. . . . . .the . . . . . . . . . . . . L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions:. Signed . '. . . . . . . . . . . . . . . . . .`. . . . . . . . . -WMNM . : . . . . : : . . . . . . . . . . . . . . . 0 too ft* Board of Appeals LEGAL NOTICE FOR FEB. 25 TOWN OF NORTH ANDOVER I 1x55 �� yp`Wfj{119v`'ti s�'� S BOARD OF APPEALS ,t NOTICE ` Notice is hereby given that ethe Board Of Appeals will give ❑ hearing at the Town Building, North Andover, on Monday evening, the 13th do, of March 7967, at 7:36 p.m. o'clock, to all partles interested in the oppcal of Angem R. Conforino requesting a variation of sec. 4.1 of fhc Zoning BY Law so as to permit a private, non-profit Swimming and ses, tennis club on the prem[ located at the west side of Chestnut Street; 3A0 feet tlista Y Pram the corner of Rea Street. BY Order of the Board of Appeals, JOHN J, SHIELDS Chairman E-T—Feb. 75, March 4-1967. k � I LEGAL NOTICE FOR FEB. 25 TOWN OF NORTH ANDOVER ♦�ACNUgQ' �� BOARD OF APPEALS NOTICE Feb. 23, 1967 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building. North Andover. on Monday evening, the 13th day of March 1967, at 7:30 P.m. o'clock, to all Parties interested in the appeal at Ani K. Contormo requesting a variation of Sec, 4.1 of the Zoning By Law so as to permit a private, non-profit, swimming and tennis club on the premises, located at the west side of Chestnut Street; 300 feet distant from the corner of Rea Street. By Order of the Board of Appeals, JOHN J. SHIELDS, Chairman E-T—Feb, 25, March 4-1967. I ? � �, � � ��-- ��� � ��"� � � �� F ' - J r e AT � v Oversized Maps on file with the Town RECEIP OR CERTIFIED MAIL-30¢ SENT TO POSTMARK OR DATE STREET AND NO. 0 P.O.,STATE,AND ZIP CODE EXTRA SERVICES FOR ADDIAONµ FEES Return Receipt Deliver to Shows to whom Shows to whom, Addressee Only and date date,and where • delivered delivered p ❑ 50yltoo z ❑ 10¢fee ❑ 35¢fee POO Form 3800 NO INSURANCE COVERAGE PROVIDED— (See other side) Mar.1966 NOT MR INTERNATIONAL MAIL RECEIPT FOR CERTIFIED MAIL-,7-30¢ SENT TO • POSTMARK If QR DATE Or STREET AND NO. 0 P.O.,STATE;AND ZIP CODE. EXTRA SERVICES FOR.ADDITIONµFEES Return Reeeipt Deliver to Shows to whom Showa to whom, Addressee Only e and date date,and where O delivered delivered ❑ 50¢fee ❑ 10¢fee ❑ 35¢fee POO Form 38M NO INSURANCE COVEJRAGE PROVIDED— -(See other side) Mar.1966 NOT MR N VUMTNNML MAIL RECEIPT FOR CERTIFIED MAIL-30¢ SENT TO POSTMARK OR GATE V STREET AND NO. C .. - 00 P.0.,STATE,AND ZIP CODE EXTRA SERVICES FOR-ADDITIONAL FEES Return R"dPt Deliver to Shows to whom Showa to whom, I Addressee Only • and date date,and where 1 O delivered delivered ❑ 50y1 fee z ❑ 10¢fee ❑ 3516 fee POD Form 3800 NO INSURANCE COVERAGE P1MiV0"OO.- (See other side) Mar.1966 NOT POR NOW INOATNXNAL MAIL RECEIPT FOR CERTIFIED MAIL-30¢ SENT TO M POSTMARK OR DATE STREET AND NO. OID P.0.,STATE,AND ZIP CODE EXTRA SERVICES FDR ADWTIWIµ.FEES Shows to whom Show Deliver to Shorne to whom, I. Addressee 0 del�ereo date,and where O+�P delivered ❑ Soo fee z ❑ 10�f®e ❑ 35 fee Marr..1966 3800 NO NOT FOR INTERN T ONA�MAIL (See other side) RECEIPT FOR CERTIFIED MAIL-30¢ SENT TO POSTMARK OR DATE OSTREET AND NO. P.O.,STATE,AND ZIP CODE 00Q EXTRA SERVICES FOR ADDITIONAL FEEF Return Ibalpt Deliver to Shows to whom Shows to whom, I Addressee Only and date date,and where • delivered delivered ❑ 50¢fee ►s ❑ 10¢fee ❑ 35¢fee F� POD Form 3800 NO INSURANCIE tOWIMAYtfROVFOED- (See other side) Mar.I966. NOT FOR gITERMATNNIAL MAIL RECEIPT FOR CERTIFIED MAIL-30¢ SENT TO POSTMARK -� OR OAT# oSTREET AND NO. t"q 00 P.O.,STATE,AND ZIP CODE ® EXTRA SERVICES FOR AOOMONAL-"" Return fRoodot Deliver to Showa to whom - 'Shows to whom. "Addressee Only and date date,and where O• delivered delivered I El500 JFOW ►� El E]10¢fee 35¢fee POD Foorrm 3800 NO 11 FROAR INTEN EATION"MAIL (See other side) Mar.16 NOT RECEIPT FOR CERTIFIED MAIL-30¢ POSTMARK SENT TO ` OR DATE IN STREET AND NO. CD P.O.,STATE,AND ZIP CODE 00 "FAA SERVN Y FOR ADDITIONAL FEESDefiverto Rouen s to whom: Addressee Only Shows to whom 'shiDty end= nd where I and data data, - 0 delivered delivered ❑ 50¢fee" ry ❑ 10¢fee ❑ 35¢fee F� POD Form 3800 IN NNSUEt IE,OVFM 10MAL MAILED- (See other Side) Mar.1886 RECEIPT FOR CERTIFIED MAIL--30¢ POSTMARK OR DATE- . SENT TO STREET AND N0. Q P.O.,STATE,AND ZIP CODE 00 ® EXTRA SERVICES FOR ADO17WHAL FEESDeliver to Retain gh�a to mhom,- I Addressee Only Shows to whom- atdata and delivewhere ❑ $0¢fee and de red delivezad ❑ I0¢fee ❑ 35¢fee POO Farm 3800 NO NO'f raftINTEpNAT ONAL MAIL (See other side) Mar.3586 _ RECEIPT FOR CERTIFIED MAIL-30¢ SENT TO POSTMARK /J OR DATE O STREET AND NO. c P.O.,STATE,AND ZIP CODE Q EXTRA SERVICES FOR ADDITIONAL FEES Return Receipt Deliver to Shows to whom Shows to whom, I Addressee Only • and data date, and where Q delivered delivered ❑ SOt fee El !0¢fee ❑ 35¢fee POD form 3800 NO INSURANCE COVERME PROVIDED— (See other side) Mar.1966 NOT FM INTERNATIONAL MAIL RECEIPT FOR CERTIFIED MAIL-40¢ POSTMARK ' SENT TO OR DATE STREET AND NO. 00 P.O.,STATE,AND ZW CODE Q EXTRA SERVICES FOR ADDITIONAL FE�Deliver to ftt r Reampt Addressee Only Shows to whom Showa to whom, anddate date,and where �• delivered delivered ❑ 50¢fee yP ❑ 10¢fee ❑ 35¢fee F-i POD Form 3800 NO MOT FRAM AN �TONAL MAILED (See other side) Mar.1%6 8 RECEIPT FOR CERTIFIED MAIL-30¢ POSTMARK M SENT4im� OR DATE �. STRE L O : P O. ZIPE C) ICE—FOR ADDITIONAL FEESDeliver to pt Addressee Only shows to whom Showa to whom, and date, date,and where • delivered delivered ❑ 50¢fee ❑ 10¢fee ❑ 35¢fee I r� POD Form 3800 NO MOT AOR CIMTEORNAI1ONAL MAILED— (See other side) Mar.19% T RECEIPT FOR CERTIFIED MAIL-30¢ SENT TO POSTMARK / OR DATE aSTREET AND N0. —`•/ 00 P,O.,STATE,AND ZIP CODE I= EXTRA SERVICES FOR ADDITIONAL FEES Return Ree-Pt I Deliver to Shows to whom $haws to whom, Addressee Only • and date date,and where © delivered delivered ❑ 50¢fee ► ❑ 10¢fee ❑ 35¢fee POD Form 38M NO INSURANCE E COVERAGE OVE INTERNATIONAL MAIL MARE (See other side) Mar.1966 - ---- --,=('cv =r�e.,..;�9-- ss-•4�- Tni����� --vim �i__,cfi�•-L� �— - - L�i1�t✓�.vsi�` ------ 7 _- --- --/�_���1 ��f✓�C��-��-�'r--�`�.-�P•o LLQ E�c��i_�. �rn�c'��t —_ 4/12 .- --l�1 sr r J '� L� I7fys �i�r� ---- 40041t4_�l � l - /Ili - / !l'_�z_,j�1�e✓ _ - -�s-___�vJ' '�'gfTT_Bc���- w�OJe n����_� -_ _ _ � - �i-,�✓�_ 11H��t/'l_%��—rT---_ '/L-+�Y_/�,(Z_�:��_.�Ct�.4Y///iK/4+ 44 f /sY s, .gC:!G A4F--L'Y'�d -_f��-��91�I a - --- - -- - �4-�-..__1_".{C!�a_LL�C� �t�i die •- - L-T .VU✓ �� /�arn -CSP -✓ �J t_ wov/d 6eAVol !lsL - - d L✓ �O_trerq�pe f.A ,0.0- C._-�i -- --/.-�_,_/, !�-_!I�%- elA# AW /SNLYr✓�ti-r"". 1000 404 -- /1�6&4c�_ tsps wii-tl- CP,� rrsa/ r' �i�ios i/� < k •—�lQ-- --- -__...... ____-_ �..Y�,✓_ f.fJ'I�___Ih"I!�_�G_,_uArr_//l�lZ7__�� -- –_ --- ___�YGG//1��_ —�//�—�/�CR ✓E'L r-O/D /��/aJ` ,- /� if /"h —�_�. i T , _ _ - - - .�v --�"=`---���-L�'— ���� /-�_� ���y-��,•.ate---- G� ,r �Q•G��/ �dY/off �e � ss TE�.Cs�--st Ae dlree It /1/pliewzt7� 00 _ .- --- ----------- ---- -- -- 4 aL — _ ' i'. leas '• TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS M%!rcL 17. 1967 TCwn If�tee Building '�orLh r;r ?cver , Massachusetts } ef: Angelo H. Ccatarino r Chestnut Street No. Andover, Mass. Oex Sir Cn �ori ver',lt`yss�chu,Qj, Ccr,tarjno, 76 Hillside P,oad, North efts, , or a variance from the requirements of Sec.`;.cn 4 cf the ' on ng 3y Lav;, the 'Zoning Hoard of :. of rth -,ndcner, Alass"husetts hear.i tnd pe it or. tt;e ever.ina of March i 1 6 gel'} hpplication sad petition � 3: 9 7, at 7:30 P.M. The Hearing .was hA1a <n t6-.:, '.Own Office Buil:iing facilities. i$embk, rs present hnd vcting were Jcr.n J. Shields, Chairmen, Jaatea � Ue� o, ; er.retbry, Dsn.e1 'r O'Le;xy, Dcnald Scott and Associate Member }Iow�ar :i'..r,rn, steel a fcr _rtrur Drummond in his ebsenoe. Representing tela applicant w :s Attorney Fobort L. Eernann. Tn rtj were r,o objectors heard', or registered. The petition r^ the applycent was advartiaed in the Lawrrenoe s.g1ex-ibunF and©r tar:tK cY ?ebrueu�y 25 and March y, 1967. All Fcbutters wera July notifle:} cf this Hear? ng by certified mall. -ttorne Rabe s' y rt cermz_yn appeared ar,�t plec.'ed the application to oravide a ro -arcf'it: swimming :.n t--nn s club en a parcel of land ! on the w sr,erJy si :?e cf Crastnut Strp,�t. ;ttcrney Hermann out- il ne } the ^b F^elves of the app^ l -ant - n forming a non-profit 3+1i rtR,i^ nn l t 5nnis club, un'! ca a swim�,tr.� t col, tennis -ourt' l.aycut , and bathhhouse.cving loAlso o � }�rnvi ed c:a the. site plan is a reservation indicating parking facilities ;or fifty oars. Plans include the limitation of one hunr'rc�d family membberships, thet Operations would be non-profitable, ani thrit no laeili.t les of the town Would be required. 'rhe ?� ie�dings wc3*'y limited tunriamantally to thA foregoing cn,', that vont± iav`i 'n the applieatj cn. NO other propononte spoky in favor. 140 i AvaaTT+ :� -. .ter, �x�•',-; G 1 � � � c t. ,4... i •. 1855 • . � �.". - I x>�ACHU9�' �q - BOARD OF APPEALS TOWN OF NORTH ANDOVER MASSACHUSETTS MaveVit n0 $ddrSss�y _ � y '4i run:i-Ef zsvelop® Sheridan LJ +t E] MovedQf0t wsr are c/o lia Fortin 4- Addressee Unknown 13, sy St. I&wre , mass. CERTIFIED NO. 081�Q x. e l CO P rf. M: 3 f- L ' All- .. . } j n. nFT s 3 rf ...{ a. v 7- 777MY TUT , � h J M1- . . r .s } x +' o- a law" ON us tt1w AsUt Ot Wo jV10 Md a 'ter-Oft oftolso. ="4 ON" be fdosoU4Aftw o - lw UP Bond tcoft *It" to bo tab" voter WAVION4,116 Vd atoom"d the Motu 41C vw at mth SMd the phoUblo wxiw�r Waft mw doOft ObitUwa a rbs yam w smuotum fw a vNew,lowo + ► s Tbo or tba. 640 "d Um" fto tmmo ' ths , the "J"O" 'fay WAY vm% Oliginal`Signed By s �•�ORTy'�Qg i s AMILM :jw 9Cho tr TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . Petition No., Allow. ... . . . . . . . . . . . Date of Hearing. Petition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . . . : . Referring to the above petition for a IMIRWwwwwwwwt e requirements of the. . . . . . . . . . ... ... . so as to permit. . . . . , 91 . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to. . . . .. the WAIN 1101010 111 Signed 009inad Signed By dots Aft OWN*<. . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals .< a e. � v • .: i i .� a- C`. R: l,:: JL 71 T _ i 64&; :. x� �,7717,n i k k i � x d IL k k 7. F 4't �yORTy <F� Avau7++ .:V I . 1855 �FA�SACHUS .t� •vvvr�k TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE . x. . . .19.67 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover,on. .Y40by. . . . . . . M . . . ..� the :14thday of . . . . . . . e'4'0% 19 67, at1!lock, to all parties interested in the appeal of UP'10 It ,: requesting Sec. . . . . . . . . . . . . . . .of the Zoning By Law so as to permit. . 8 ?4VO4.r AMP Oft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . — 1 . — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on the premises, located at. . .tj west. . . . . of Cbestzmt street; 300 rept distant fwr the come of ftS ftraet, By Order of the Board of Appeals �i a 29 tx Aug* 5j 1967 j Y �yypppp !, Ji law Otmwt ow Man s UbWt Lo sequin (S, 4mtalvjw) 9Qi Eaac *OPUS too =1e. akar► TIM am (W tuflas hin" �aaa4 Z10RTly of.,,....-. • .D A F• AYR/L7A pi'0 q`4`SACNU`� s4; TOWN OF NORTH ANDOVER MASSACHUSETTS G � I?67 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. SPECIAL PERMIT APPLICATION FOR WITHIN IM THE .ZONING ORDINANCE Applicant: Angelo R. Centarine Address: 76 Hillside Bead, No, And. TO THE BOARD OF APPEALS: Application is hereby made for special Per it t dor 11 11of Section 4. 3 paragraph of the Zoning Ordinance. Premises affected are situated on the North South East West = side of Chestnut Street; 300 feet distant from the corner of ®a Street and known as NUMBER Street. Description of (Proposed) O Building 1. Size of building: 60 feet front: 20 feet deep. Height: one stories: feet. 2. Occupancy or Use: (of each floor) Beth house 3. Zoning District: Country 4. Date of erection: 5. Type of Construction: (check one)'I IT III 6. Has there been a previous appeal, under zoning, on these premises: 7. Description of proposed work or use: Private, non-profit, swimming and tennis club 8. The principal points upon which I base my application are as follows: A. The intended use will not conflict with the rural area B. No dwellings are within about -j mile of the premises C. Intended use would improve the'area and enbanee the Town D. Provides more taxes for Town but requires no expenditures E. This is strictly a family recreation facility with no clubhouse I agree to pay for advertising in newspaper and incidental expenses. TITLE REFERENCE -� BOOK769 PAGE 344 Signature of responsible applicant Attorney for petitioner NOTICES SENT TO: Names: Addresses: n N0RTry fop •e�s WA srr•* - - TOWN OF F4ORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice:. This 4pplication 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. a' AL APPLICATION FOR IXMXM X= UK IMMUMUNUM W12ZIR 29 THE'ZONING ORDINANCE Applicant: WIM111U4410 Xb"i lam. !n[. TO THE BOARD OF:APPEALS: Application is hereby made for of Section • !arairanh of the Zoning Ordinance. Premises affected are situated on the North South East West X c"hsstmt Street; side of feet distant from the corner� Street and known as NUMBED Street. Description of (Proposed) ( ) Budding 1. Size of building: � feet front: feet deep. ' p r?e3 YI Height: stories: feet. 2. Occupancy or Use: ;(of each floor) Uth 3. Zoning District: 4. Date of erection: '; 5. Type of Construction: (check one) I IL III 6. Has there been a previous appeal,.-under zoning, on these premises: 7. Description of proposed work or use: PrIyal ii a .�pa�+ottt► towide alub 8. The principal points upon which I base my ap H tion are as follows:- •. fhs i,�t�ller�l" q,Io will >ms0 oe>f lia3 with %h* I" i9. No drolli"s a" witshiA abm% A Hilo of tho prsll l"l 4. Intolndod use would Imprwo %bw ax4a a>IsAi o I► &w -Tort ;j. :Irovt;dos nor* il'auos foe To-ft but W,:%Uva W + Xv=d14 t:yA , So Thi* is OrIoUr a f4allj .>E'*weatlen ft*Uity with i,. Olubh uso I agree to pay fox advertising in newspaper and incidental expenses TITLE REFERENCE egg Si ture o st "pUcant BOOK PAGE_ AtUrmy 1w jN ii NOTICES SENT TO: Names: Addressee: oaf 1 E :3g Ff - •''a '#t, p'af� t";.�'.+• �S. 'S.'4..:.4i L -,�` �i'�Y'R-Y'• .-.. 6"'_- :�`-"`r.�j"�'�f- t_,A�P y - ,�.�,�'-tl►.y+ .h lYi.4 t�•2 -,. (gam �`tf". : ' + s� `:;��,��A ".:t :..�iiF. �i' ,i•.ly..j.s� a'-a{a,�`a,�t?t.{ s?NJ` .,S',rr'-t , tt f 1 _ •.tea:.• _ TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICE OF BUILDING INSPECTOR �If � Noxry A Fi AIRIL7FV : } ; 1855 ' ►; qCH July 31, 1967 Board of Appeals Town Office Building North Andover, Mass. G:entlemens Dr. Contarinoss application for a swimmiing and tennis club on Chestnut Street has been referred to the Zoning Board of Appeals for whatever action they may see fit to take -under the new section of the- Zoning By_Uws6 (Section 4.8). Very truly yours, CH&RRIZSn-H. FOS"TBR, JR. BUIMING INSPECTOR CBF':ad ar r COMMONWEALTH OF MASSACHUSETTS Essex, ss Superior Court Equity No. 17281 ANGELO R. CONTARINO VS . James A. Deyo et als, BOARD OF APPEALS OF NORTH ANDOVER i i FINAL DECREE This ,cause came on to be heard and was argued by counsel, and, thereupon, upon consideration thereof, it is ORDERED, ADJUDGED AND DECREED: That the decision of the board of appeals was not arbitrary orcapricious and was not made with motives of bias or prejudice on the part of any member of the board; that the decision of the said board ofappeals did not exceed its authority and no modification of its decision is required; and that the Clerk of- Court, within twenty (20) days after the entry of this decree, send attested copies thereof to the board of appeals and the town clerk of the Town of North Andover. BY THE COURT (Macaulay, J.) rB'f� E Philip S,ittle �P1d Assistant Clerk Entered - September 61 1968. ! ;IJW , L OFFICE OF CLERK OF THE OURTS /Salem............... .. f...............196 i.' Yoppu are ebyotified th ..th, following entry was made on,�.. ... .....inerior Court NI...�s .. �... 999 "'J IL ..., ......... ..... ..-...... J .. .. .4.... .... - .. ....... _---Aaowe .den d. Demurrer overruled-sustalned. Leave granted to file a motion to amend in days. Court finds for defendant-plaintiff for $ __...._ ................ Motion to Extend Time for Auditor's Hearing—Report __.........._.-__.............._.-..._--..............._..._ .— ............. Allowed Denied _....................................................._—....._....................... Time extended to Master's-Auditor's Report. Motion to transfer District Court action to Superior Court allowed. Final decree: authorizing foreclosure--. ----------........... ... Case having been reported settled, ordered: Agreement for judgment to be filed in days,or"Neither Party"to enter. Ql2vi: optf _ Ckrk.l am 4-5-e7 �?� _� �� � f x� _.__ _ , `✓ L ' TOWN OF NORTH ANDOVEf2 MASSACHUSETTS dOR'r+r �r Y:�NMYt Tse p �cNv3e''1" BOARD OF APPEA6S Notice July 25, 1987 Notice is hereby given tnuf the doard Of Appeals will give a hecrwq ai the TOWn Fuildinp. North AndOVC�, nr, Monday evening the 141h day of AoguS` 1967, at 7:30 p.m. o Crock, to rill aun,es fnlereatea in Inc aPPeal of A,4,10 R. Coatarmu requesting O �aeCial Pcrmil under See. 4.N Of fPEe Zoning By Lo'.v so as to permit o Privet, 10,,;mitt swilm Ming and tennis club on the pre n',ises. IOcated at the west side of Chestnut Street; 300 feet distant tram the co,je, Of Roo Street. By Order of the board of Appcols. JAMES A. OEYO, JWv 29, Aug. g. 796 hairmar TOWN OF NORTH ANDOVER MA`y,SACHUSEtTTS • HORtr:;! S, ISSS CHU BOARD OF APPEALS Notice July 25, 1967 Notice is hereby given that the Board of Appeal% will give a hearing of the Town Building, North Andover. on Monday evening the 14th day of Aug USt 1967, at 7:30 p.m. o'clock, to all partes interested In the a0oeal of Angelo R. Contarino pec ucsfing a Special Permit under Sec. 4.8 or the Zoning 6y Low So as is permit a Private_ non-prout swim. Ming and tennis club on tha premises, iocaled at The west side of Chestnut Street; app feet distant from the corner of Rea Street. BY Order of the Board of Appeals, JAMES A. DEYD, Chairman H.T. — July 29, Aug. 5, 1967 x TOWNMANORTH OVER SSACHUSETTS �NOnry'14 r o 3 T" :PC .. �iceo�d` BOARD OF APPEALS Notice July 25, 1967 Notice is hereby given that the Board of Appeals will give a hearing at the Town on Monday evening the 14th dayNorth OfAugust 1967, at 7:30 p.m. o'clock, to all partes interested in the appeal of Angelo R. Contarino requesting a Special Permit under Sec. 4.8 of the Zoning By Law so as to permit a Private, non-profit swim- ming and tennis club on the premises, located at the west side of Chestnut Street; 300 feet distant from the corner of Rea Street. By Order of the Board of Appeals; JAMES A. DEYO, Chairman E.-T. — July 29, Aug. 5, 1967 iOWNMASor NON H ANDOVER TS NOFTf{ J 0' 'it. ?.ya }?-d°puot4'e,tee `.� Nniein �p 1835 BOARD OF OFAAPPEALS NoticJuly 25, 1967 Notice is hereby given that the Board of Appeals will give a hearing at the TBwlding, Norfh Andover, on own 967tl at 7 e pmtho '144 k,�to all pa9ues Coptalln4 re0aesturs po I so tat Perm 1 ander pec. 4.B or the Loning By Law so as to permit O Pr."te, non-profit 5 1 - ming an tennis CWu bn the premises, located at the west side of Chestnut Street: 300 Peet .distant from the corner of Rea 511 et. By. Order of the Board of Appeals.. JAMES A. OEYO, 4. i h � � �� 1685 { ntY�`� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS 1•?arcL 17, 1967 Town ')fflee 3uilrling North r�rvicver , Massachusetts Eef: Atzgelo H. Coat arino Chestnut Street No. Andover; Maes. 1^eal' Sir Upon r,pt?ilcation of :.ngel-o It. Ccntarino, 76 Hillside Road' North _..nciover , Msss�,chusetts, for a variance from the requirements of Sect- ._on 4 of t+ae %oning 3y Lata, the Zening Board of appeals of North .'.ndcver, P4sssacY�usetts, heard sairl hppl.ication bLnd-petition on the evening of March 13, 1967, at 7:37 P.M. The Hearing was hal,? in the ^us![i Off Ica Building facilities. Yemberr present anal voting were Jcr.n J. Shields, Ch'. men, James lle$c,, re^retsry , Daniel T. O'Le;xg , Donald Scott, and Asa001ate Member how�+r:' dllmu .n, sltting for !rtnur Drummond in his abeenoe. Representing the applinent wss .attorney Robert L. Hernann. Tl)ert, were no objectors heard or registered. The petition rf the applicant was arlvartised in the Lawrenoe I,qg_:e ''ribune. under cIatr, of February 25 and Harch 4, 1967. All Hbutters were •iul.y notifie3 of this Houri ng by certified mail. .tturcey hcbF�r1: ?errns.nn F,r eure� an�� nles,'ed the 4pplieation to provide a nor-vrefit swimming n-3 tennis club on a parcel of land on the westerly sire of Chestnut Stz•e4�t. I%ttcrney Hermann out- the cb'ectives of the HprliCant in forming tl non-profit sNi n; i r.n,i tennis %-lub, an,' file 1 a site plian sbcwing locations of n sAlumaiag pc.cl, Tennis court layout , and bath-house. A130 proved on tho site plan is a reservation indicating parking facilities for fifty cars. Plans include the limitation of oat hundred family memberships, that operations would bs non-profitable, artd thKt ne faoillt ins of the town wcul-d be required. The + pleedin,3s were 1'mited funlamentally to the foregoing anc'. that oont&inef, in the applieati on. No other proponents spokN in favor. DBCIS IOl1 II COWTARIRO I Mr. Philip Busby, a nearby resident, asked several questions of which part were answered, at which time the Chair suspended the legal, technical questions since they were not in the form Of opposition, and some were suspended for later discussions. The Board Chairman specifically asked Attorney Hermann exactly what provision of Section 4 of the Zoning By Laws he wished a variance on. His response indicated that there was no provision for this type operation or this and use of land contained in the Zoning By Law, and that Section 4 was the nearest applicable section of the By Law that would pertain to the planned operation Of a swimming and tennis club. All present were given an opportunity for further discussion, pre and con, and hearing no further discussion, a motion was made. secondod, and duly voted to take the application under advisement. L In executive session the Hoard discussed the fact that whether or not the proposed recreational facility was a profit or non-profit organization did not materially change the operation for which the Zoning By Law, as currently comprised, loam not allow or grant permissive use of land in residential areas for the purposes s sought. In the event of the establishment of such a recreational activity, with family membership, it is conceivable that upwards u to one hundred cars from the direct families could be anticipated In the use of the facilities at peak periods during the height of the seasonal weather period. And while many memberships might not be representee, many would be there in more than one vehicle. fte K' Board further considered the potential possibilities that all 4 similar type facilities extend within the family membership a guest privilege which, if such were the case, could add additional cans visiting the facilities and thereby causing considerable congestion In the immediate area. .r. There was further reviewed an additional plan which Attorney # Hermann submitted to the Board showing sub-division of land now owned by Mr. Greenwood and abutting Chestnut Street. No evidence that the lots shown on said plana had been recorded, and in the event that this facility was to be established at this locus, there l remained many other residential areas that in the projected future - would be developed, adding additional traffic to Chestnut Street which at this time is without permanent surfacing, and during certain seasons of the year is non-traversable. The Board further considered the accessability of a high amount of traffic* utilising the access roads leading to and from the site and the effect upon the residential properties within the access road areas. A motion ` was made by Member Donald Scott and seconded by Associate Member i Howard Gilman to deny the application. i i {A- v DEC33roirI2I CONTARWO • }F y { ` t•:k' The principal reasons for denying this applioation are: .N a) There is no provision within the North Andover Zoning By Law that creates permissive use of residential propiart# or any other zoned area for the purposes applied for, b) The Zoning Board of Appeals does not have the authorisati*n to establish a new permissive use not otherwise provided in the Zoning By Law, nor does it have the legal authority to grant an application such as contained herein which would in essence be re-zoning. o) That to establish this form of a recreational activity 1n , an area mom zoned residential would derogate from neighbor- hood values and be detrimental and adversely affect neigh- , borhood influences. d) So hardship, financial or otherwise, was established In the pleadings of the application, which is one of the t essential requirements for positive action by this Board. Tn refecting this petition, the Zoning Board of Appeals recognises that there are other local remedies available to the proponents, Very truly years, o Shields C=al man . JJS:ea 4 COMMONWEALTH OF MASSACHUSETTS Essex, ss Superior Court Equity No. 17281 ANGELO R. CONTARINO VS .. James A. Deyo et als, BOARD OF APPEALS OF NORTH ANDOVER FINAL DECREE This cause came on to be heard and was argued by counsel, and, thereupon, upon consideration thereof, it is ORDERED, ADJUDGED AND DECREED: That the decision of the board of appeals was not arbitrary or capricious and was not made with motives of bias or prejudice on the part of any member of the board; that the decision of the said board ofappeals did not exceed its authority and no modification of its decision is required; and that the Clerk of• Court, within twenty (20) days after the entry of this decree, send attested copies thereof to the board of appeals and the town clerk of the Town of North Andover. BY THE COURT (Macaulay, 3.) �B� F.__ Phil j,�j,it•,tlefiPl d__ Assistant Clerk Entered September 6, 1968. A TRUE CORS iTAM CL COMMONWEALTH OF MASSACHUSETTS Essex, ss Superior Court Equity No. 17281 ANGELO R. CONTARINO vs James A. Dego et als, BOARD OF APPEALS OF NORTH ANDOVER REPORT OF MATERIAL FACTS RULINGS OF LAW AND ORDER FOR DECREE 1, This is a bill in equity under G L. . c 40A, s, 21 by way of appeal from a decision of the board of appeals refusing to grant to the plaintiff a special permit for a private, non-profit, swimming and tennis club in a "Country Residence District" of North Andover. The plaintiff is not the owner of the property involved . He is the representative of a group of persons who would, upon' the grant of the permit sought, acquire 207,000 square feet of vacant land with a frontage of 300 feet on the westerly side of Chestnut Street in North Andover and form a corporation with the proposed name of "Chestnut Swim and Racket Club" . As a club, the plans are to construct on the locus a bath house, a wading pool, a swimming pool, a basketball court and five tennis courts . The membership of the club would be limited to 125 persons living in the town. The present owner of the land is Edward F. Greenwood. Mr. Contarino, the plaintiff, obtained options to purchase the real estate involvedfromMr. Greenwood on December 27, 1966. At the hearing before the Court there was a question presented whether the options to purchase were still in effect . Later, plaintiff 's counsel mailed to the Court documents showing that on September 15, 1967, the agreements to purchase and to sell had been extended to January 3, 1969 . Letters mailed to the Court after the hearing show that counsel for the defendant board was so notified and no objections were made to their consideration by the Court. It is ruled that the plaintiff is a proper person to maintain the present appeal. Carson vs Board of Appeals of Lexington, 321 Mass . 1.16. 2 . Mr. Contarino sought a variance from the application of the zoning by-law in February, 1967 to permit the uses for the .proposed swimming and tennis club as above set forth. The variance was denied by the board of appeals on March 17, 1967 .' Thereafter measures were y taken to have the by-law amended and on June 19, 1967 at a special town meeting by a vote of 164 in the affirmative and 24 in the negative, the following amendment was adopted : " "Section 4.8 PRIVATE RECREATIONAL AREAS. Private recreational areas including and/or tennis clubs shall be permitted in any zoning district in accordance with standards. set by the Board of Appeals so as not to be detrimental to the neighborhood where it is located: and only after a public hearing by the Board of Appeals with due notice given on application for a building permit and only after a site plan review and approval by the Board of Appeals endorsed in writing on the site plan with or without any conditions. " The amendment was approved by the Attorney General on July 11, 1967 . 3. On July 26,' 1967, Mr. gontarino filed the application with the Board of Appeals for a special permit, sufficiently describing the location of the property involved and specifying the intended ' use to be a "Private, non-profit, swimming and tennis club" . It set out that the bath house planned to be erected on the property would be one story high and 60 feet by 20 feet in size. The application also contained the following:: 2 - "8. The principal points upon which I base my application are as follows : A. The intended use would not conflict with the rural area. B. No dwellings are within about 1/4 mile of the premises . C. Intended use would improve the area and enhance the Town. D. Provides more taxes for Town but requires no expenditure. E. This is strictly a family recreational facility with no clubhouse" . A plot plan and a building plan in two sheets showing the location of the locus on Chestnut Street, the locations of .the bath house, the wading pool, the swimming pool, five tennis courts, a sewage leaching field, and . a parking area for 50 cars, were also submitted to the board of appeals . Notices of the hearing thereon on August 14, 1967 were issued, published and served, all in accordance with the provisions of the by-law and G.L. c .40A, ss .. 4 and 17 . The planning board was notified and planning board members appeared at the• scheduled hearing. Medeiros vs Board of Aldermen of Woburn, 350 Mass 767. 4. The hearing took place on August 14, 1967 and the board of appeals filed its. decision denying the permit on August 18, 1967. A copy of the decision is attached as an exhibit to the petition in this case . It set forth that the principal reasons for denying the. application for a special permit were: "(1) The installation of the Swim. and Tennis Club would have created hazardous traffic conditions on the adjacent roads and (2) (T)he existence of such a facility would have a degrading .effect . on the value of. the adjacent property" . 5. The plaintiff in his pleadings and in the hearing before this Court maintained. - 3 i A. That the board of appeals was required to issue the special permit by the passage- of the' June 19, 1967 amendment (to the zoning by-law) when the plaintiff made the application therefor and filed his site plan. B. That the findings of the Board were not warranted' by the evidence. C. , That contrary to the findings of the board, there would be no traffic hazards created by the proposed facility nor would the facility have-.a degrading effect on the value of adjacent property, but would. enhance such value and "contribute aesthetically to the neighborhood D`. . That the action of 3?oard was arbitrary and capricious and deprived -the plaintiff of constitutional rights in violation of the Fourteenth 'Amendment to the United States Constitution and Articles I and XII of the Constitution Massachusetts . E. That the action .of the board of appeals resulting in spot zoning and F . That certain members of the board of appeals were motivated by bias and prejudice and should have disqualified themselves from deliberating and voting on the application. And the plaintiff concluded with a prayer that this Court direct the board to issue the special permit to the appellant . 6 . . in the ordinary course of a zoning appeal, findings of fact are made by the Court independent of the findings of aboard of appeals. The decision of a board of .app eals is considered for the limited purpose _ 4 of ascertaining the conclusions made by the board- to determine from the facts found by the Court whether the decision should stand or be annulled or modified, G.L. c.40A, s .21, Parrish v6 Board of Appeals of- Sharon, 351 Mass . 561, 567-568 . In the ordinary case, the Court cannot ,be substituted for the board of appeals and given the same powers .to grant or order the grant of special permits, Pendergast vs Board of Appeals of Barnstable, 331 Mass 555, 556. As it was said in that case (pp 557-558) "Zoning has always been treated as a local matter . The creation and modification of zones are matters of munic.i pal legislation The.' board 'of appeals is a local board familiar with local conditions . It can deal understandingly with questions of variance (or special permits , see page 560) . A judge of a State wide court , perhaps 'spening only a few days or weeks in a particular locality, is hardly a suitable tribunal for such purposes 7 . The Pendergast case was not a case (see page 560) where a charge was made that the decision of the board of appeals was "arbitrary or capricious" as has been made in this case. . Consequently, under the equity powers given in G.L. c.40A, s . 21, the testimony and evidence that was presented. at the hearing before the board is reviewed as it relates to the charge made of arbitrary and capricious actions .. The record of the hearing .is set forth in Exhibit 7 . There were seven- teen persons present and the hearing was taped. 'The record showed that full opportunity was given the plaintiff and his counsel and other proponents to present their case, the proposed plan and the need for it . Twelve persons , eight of them living on Chestnut Street, stated their opposition to the grant of the permit sought . These opponents gave evidence before the board relating to. traffic conditions in the - 5 - area about the locus and described that they were largely gravel roads; that the streets were narrow; that the roads were muddy and impassable in the spring; and that in the opinion of some of the landowners and residents in the neighborhood the swimming and tennis club project would be detrimental to the neighborhood and decrease the values of nearby properties . Mention was also made of a fire hazard because of the woods in the area. Itis true that in the discussion among the members of the board after the hearing, note was made that "The Board felt it was a very disorganized presentation. " That statement might be considered as not complimentary to the plaintiff and his associates . But, in the further record of that discussion, a conclusion was reached that the conditions of the roads with expected traffic increases with .probable "degrading of property values" were the deciding points in arriving at the. vote to deny the application. The amended by-law limits the power of the board in granting special permits to projects "not detrimental to the neighborhood. The finding that the plaintiff 's enterprise would be detrimental to the neighborhood foreclosed the issuance of a permit, regardless of what standards the .board might have had 8 . It is ruled that the action of the board was not arbitrary or capricious ; that there was evidence before the board to warrant the findings that the board made; that there was evidence before the board that traffic conditions. likely to be caused by the proposed facility Lwhile not hazardous as charged in the appeal - would increase and have a depreciating effect on the values of nearby properties . And while the appeal charges notices of bias and prejudice on the part of "certain members of the board, there was a complete absence of - 6 evidence in the records submitted and in the testimony and evidence given in court of any such improprieties . The charge that the board 's action would result in "spot zoning" is not understandable. 9 . On the evidence presented to the Court, findings are made that the proposed club facility would be located in that portion of North Andover which aerial photographs show is sparsely populated with an abundance of trees in forests in some sections and cleared farming fields in others. Two dwelling houses are located within the radius of 1000 feet from the locus:, five within the radius from 1000 .feet to 2000 feet; six within the 2000 to 3000 feet radius; and six more within the 3000 to 4000 feet area. The plans show that when the proposed project would be completed, the bath house and pools would be set back about 175 feet from Chestnut Street and so surrounded with trees that the facility would not be visible from the. street . A road, 25 feet wide, would lead .from Chestnut Street west to a parking area designed to accomodate 50 to 75 cars . The project will have a one story bath house, 60 by 20 feet in size - equally divided between men and women accomodations - a wading pool, a swimming pool 75 feet long and 30 feet wide to which a swimming pool ell, 30 by 30 feet, would� be ad- joined; a basketball court; and five tennis courts . It is particularly noted that there will be no clubhouse as such. From the nature of the uses planned - outdoor swimming, tennis and basketball play in outdoor facilities - it is inferred that their likely use would be only in the spring, summer and fall. 10 . There are three access routes from. various sections of the town to the locus but all of them require the use of Chestnut Street 7 - to reach the property. Route 114, known as the Salem Turnpike, is the main route through North Andover from Lawrence on the west and to Middleton, Danvers , Peabody and Salem to the east . The locus may be reached from Route 114 from its intersection with Chestnut Street . It can also be reached from Rae Street at a. point where Rae Street, coming in from a sparsely settled district from the north, intersects Chestnut Street . The third access route is from Andover Street on the north and Hillside Avenue from the northeast to points where they respectively intersect Chestnut Street . While Chestnut Street is partially paved near one or more of these intersecting streets, it becomes away from these areas a narrow dirt road running through wooded sections in itsapproaches to the locus . The other roads, other than Route 114, leading to the area were described by witnesses . are "very narrow" and stretches of the dirt roads including the un- paved portions of .Chestnut . Street become "muddy, and impassable" in the spring, and at other wet, periods . 11 . There is a gravel. pit across Chestnut Street from the locus which truckers occasionally use at different times of the year. Of the owners of dwellings in the area within a radius of 4000 feet from the locus,eight favored the granting of the permit and ten opposed according to one exhibit introduced. Opinion evidence of a traffic expert offered by the plaintiff was to the effect that while the road- ways were small, they were capable of handling 300 to 400 vehicles an' hour. opinions of opponents were also in evidence relating to their respective judgments of impassability of the roadways in wet seasons and their respective beliefs that their properties would diminish in value if the swimming and tennis club was established. 8 - 12 . The statute, G.L. c.40A, s.21 requires the Court to hear all evidence pertinent to the authority of the board and determine the facts - and, upon the facts as so determined, annul such decision if found to exceed the authority of such board, or make such other decree as justice and equity may require. On the facts determined by the Court , it is ruled that the decision of the board denying the application for the special permit was within its authority, was not arbitrary or capricious and not made with motives or bias or prejudice on the part of any member of the board. . 'In these circumstances, this Court does not have administrative discretion to 'grant the permit sought as the plaintiff has maintained. ORDER FOR DECREE ! A decree is herewith entered that the decision of the board of• .appeals. was not arbitrary or capricious and was not made with motives of biasor prejudice on the part of any member of the board; that the decision of the board.did not exceed its authority and no modification of the decision is required; and that the Clerk of Court within twenty (20) days after the entry of the decree send attested eopies� thereof to the board of appeals and the town clerk of the Town of North Andover. Justice of the Superior Court Entered September 6.1 1968. - 9coo - POST OFFICk :.3TN--MT FEKALTY FOR PRIVATE ULE i0 AVOID OFFICEA:.P.UH'W�5a F,"h1ENT OF POSIAGF,j3Cf1 MAR, Ur w CELIVt FINGk< FICL i ,,NI TRUCTIONS: Shaw narne and address below and compicte instructions on other side, where applicable. Moisten Summed ends, attach and hold firmly to baric of article. Print on front of article RETURN C �� RECEIPT REQUESTED. NAME OF SENDER STREET AND N0. OR P.O. BOX �°. POST OFFICE,STATE, AND ZIP CODE 0 °s r INSTRUCTIONS TO DELIVERING EMPLOYEE Show to whom and Show to whom, date, and Delivor ONLY date delivered ❑ address where delivered ❑ to addressee (Arl(lilional charges r•egroired for these services) RECEIPT Received the numbered tnticle desc ibcd below REGISTERED NO, SIGNAIURL OR NAME OF ADDRESSEE.(blusle ,z art he fi lled in) f � CERTTIFI D 110./�— I ��h r'L f L� ",�-��`.; r4' •'i5 e l SIGNATURE Or ADC r LFE S ASINT, IF ANY INSURED N0. DATELI J¢I}ED SNOW WNL L'_Ib LU(only iJ rega�asted) .•s -- _ co.- Iii 7I5'13-9 cao POST OFFICE DEPARTMENT PENALTY FOR PRIQ,aIEUSE T07.YCIn OFFICIAL OUSINESS PAYIAINT Op PO3TAGF,$30, POSTMARK OF DELIVERING OFFICE i INSTRUCTIONS; Show name and address below and complete instructions on other side, where applicable. - Moisten gummed ends, attach and hold firmly to back i RETURN of article. Print on front of article RETURN RECEIPT REQUESTED. AN07 TO- NAME QNAME OF SENDER / rl __ 00 STREET AND NO. OR P.O. BOX M E W POST OFFICE, STATE,AND ZIP COO o 0 6 a INSTRUCTIONS TO DELIVERING EMPLOYEE ❑ Show to whom andShow to whom, date, and Deliver ONLY date delivered ❑ address where delivered ❑ to addressee (Acdrditiorud charges required for these services) RECEIPT Received the numbered article described below. REGISTERED NO. SIGNATURE OR NAME OF ADDRESSEE(Alust always beflledin) CERTI:p NO. 1 61 Ad _ o SIGNATURE OF ADDk'P SSEE'S AGENT, IF ANY INSURED N0. DATE D LIVER �, SHOW WHERE DELIVERED(only if requested) - of&—lti—>t648—R "P� POST OFFICE DEPARTMENT PEtiAJY RR PRIVATE USETO AV010 OFFICIAL SUSINESS PAYIdEW OF PC,TAGP;$3X q� _FOSTMARK OF L UF41VERING OFF[" INSTRUCTIONS: Show name and address below and :_....,.. complete instructions on other side, where applicable. -- -- Moisten gummed ends, attach and hold firmly to back RETURN of article. Print on front of article RETURN o, RECEIPT REQUESTS TO NAME OF SENDER STREET AND NO. OR P.O. BOX IS. POST OFFICE,STATE,AND ZIP COD 0 s°O I INSTRUCTIONS TO DELIVERING EMPLOYEE ❑ Show to whom and Show to whom, date, and Deliver ONLY date delivered ❑ address where delivered ❑ to addressee (Arfdiliwl,ti cGrrrges reyrrivet for these services) RECEIPT Received the riurribercd article described below. REGISTERED NO. SIWWUIIF OR NAMr OF ADURESSEE(AI47 I aysbef:lledin) 1 CERTIF17HO, p __.____.__...___ 67 U 'U ATUI'' Or ADDRESS F AUNT, 11 ANY INSUREDN,'v.��—�-- ___.._ I,AIED vL7-U � SHG',Y WN{RE,��LIVEf,EU(rrrlyi irr�rresled) , i '5., i6 knasa-9 Geo POST OFFICE DEPARTMENT , Q �i� PENAL TYF� 10111OFFICIAL BUSINESS 156 7E,f= 4 A F � -•�y�ER OFF, INSTRUCTIONS: Show name and address below and complete instructions on other side, where applicable. Moisten gummed ends, attach and hold firmly to back RETURN of article. Print on front of article RETURN TO m RECEIPT REQUESTED L d NAME OF SENDER J' a0 STREET AND NO.OR P.O. BOX �- �M E POST OFFICE,STATE,AND ZIP CODE INSTRUCTIONS TO DELIVERING EMPLOYEE ❑ Show to whom and Show to whoa, date, and Deliver ONLY date delivered ❑ address vhere delivered ❑ to addressee (Additio;tal charges required jai°these services) RECEIPT Received Me numbered article described below. REGISTERED NO, SIGNATURE OR NAME OF ADDRESSEE(Afust always befilied in) CERTIFIE N0, d �e^ NATURE DDRESSEES AGENT, NY INSURED N0, DATE 5LIVER I SNOW WHERE DELIVERED(only if requested) e55-16-71549 .9 ev0 POST OFFICE DEPAMMENT PEE0.67Y FOR MAW-W-J3F TO AVJI.: OFFICIAL-BUSINESS VAY'&4T OF H:iTSGF,S'Ad 4, POSTMARK OF —� UEIIVERING OFFICE ^Ri l s INSTRUCTIONS: Show name and address below andsa complete instructions on ocher side, where applicable. - 1 Moisten gummed ends, attach and hold firmly to back RkfiURN of article. Print on front of article RETURN / To RECEIPT REQUESTED. C� NAME OF SENDER � � l/ STREET AND NO. 0F.D. BOX ■°. POST OFFICE,STATE,AND IIP CODE � � if✓�Ya Lam' I [KINSTRUCTIONS TO DELIVERING EMPLOYEE how to whom and Show to whom,when,and Oeiiver ONLY hen delivered address where delivered ❑ to addressee (Additional charges required for these services) RECEIPT Received the numbered article described below. REGISTERED NO. SIGNATURE OR NAPE OF ADDRESSEE(Must always befilledin) crRTmED NO. t John J. Lyons� Clerk 04987 S SIGNATURE OF ADDRESSEE'S AGENT, IF ANY INSURED NO. Town Hall DATE DELIVERED SHOW WHERE DEL!YE.RED(opd,if requested) z j r No. Andover, Mass. 1,1 11 .. GFo II f POST OFFICE DEPARTMENT ?ENALTY FOR PRIVATE USE TO AVOID OFFICIAL BUSINESS PAYMENT OF POSTA3E.$305 POSTMARK OF- q DYLIV,EFil M11G Of�I�i1FE., y $ 12 m INSTRUCTIONS: Show name and address below and complete instructions op-other side, where applicable. Moisten gummed ends, attach and hold firmly to back14E. UR m of article. Print on front of article RETURN �""�"' RECEIPT REQUESTED. TO NAME OF SENDER ri O~D STREET AND NO. OR P.O. BOX M � E POST OFFICE,STATE,AND ZIP CODE t. s. A' �� INSTRUCTIONS TO DELIVERING EMPLOYEE Show to whom and❑ Show to whom, date,and Deliver ONLY date delivered ❑ address where delivered ❑ to addressee (Additional chargrs regxired for these services) RECEIPT Received the ntmrbered article described below. REGISTERED NO. SIGNATURE OR NAME OF ADDRESSEE(Musfalwaysbepliedin) GERTIFIM NO �JQ T y SIGNATURE OF ADDRESSEE'S AGENT, IF ANY INSURED NO. DAFL DELIVERED 1 SHOW WHERE DELIVERED(only if regaested) aob 16-71548-9 'Pn POST OFFICE_' DEPARTMENT PENALTY FOR FRIVATE USE TO AV0,10 OFFICIAL,BUSiN@5S PAYMENT OF FC3 AGE.$300 POSTKARt,OF s 'ELI VERINC3 ORFICr: r INSTRUCTIOVS: Show name and address below and complete instructions on other side, where applicable. — — — Moisten gemmed ends, attach and hold firmly to back RETURN of article. Print on frouc of article RETURN RECEIPT XEQIiLSP`ED. TO NAME OF SENDER H10, p~p STREET AND NO. OR P.O. BOX M E rr POST OFFICE,STATE, AND ZIP COD ., p. d. f INSTRUCTIONS TO DELIVERING EMPLOYEE ❑ Show to whmn and Shaw to whom, dale, and Deliver ONLY date delivered ❑ address where delivered ❑ to addressee (AcUitioaaal chaargrs required for these services) RECEIPT Received the membered article described below. REGISTERED NO, SIGNATURE OR NAME OF ADDRESSEE(Alusi always bej tied irs) CERTIFIED NO, i I '-!FA � D /C CJ - SIG ArURE OF ADDRES E S/AGE ANY ,- - - L INSURED N0. 4 DATE DELIVERED SN0.4 !HERE. DEC Yi.(j E0(�hly if r�sted) � / J Al u55—](i-9]545-A cco POST OFFICE DEPARTMENT PENALTY FOR PRIVATE USE TO AVOID OFFICIAL BUSINESS PAYMENT OF POSTAGE,SM POSTMARK OF y DELIVERING OFFICE b INSTRUCTIONS: Show name and address below and complete instructions on other side, where applicable. — Moisten gummed ends, attach and hold firmly to back RETURN of article. Print on front of article RETURN J(® TO RECEIPT REQUESTED +� NAME OF SENDER N ` p~D STREET AND NO.OR PA. BOX C ` E POST OFFICE,STATE,AND ZIP CODE o' 4 `� INSTRUCTIONS TO DELIVERING EMPLOYEE ❑ Show to whom and Show to wham, date,and Deliver ONLY date delivered ❑ address where delivered ❑ to addressee (/tdditioeal charges requiredfor these services) RECEIPT Received the nrstrlbered article described below. REGISTERED NO. SIGNAIURE OR NAME OF ADDRESSEE(Mnstalwayrbefilledin) CER Ur^ S� ADORES, DORE !(y� IGGNATURE OF ADDRESS AGENT, IF ANY INSURED NO. _ + �I� �tyri DATE DELIVERED SIT UW Wh� Rr OELIVk EO(nr "quested) r �0.-15-9154N-A aae POST OFFICE DEPARTMENT PENALTY FOR PRIVATE LLT TC I,Ml,� OFFICIAL BUSINESS OF POS"AGE.YsW IIG s ^Tt+tAH A 1967 INSTRUCTIONS: Show name and address below and complete instructions on other side, where applicable. Moisten gummed cods, attach-and hold firmly to back RETURN of article. Print on front of article RETURIN RECEIPT REQUESTE TO NAME OF SENDER J V4 _- 00 STREET AND NO. OR P.D. BOX M E POST OFFICE,STATE,AND ZIP CODE L INSTRUCTIONS TO DELIVERING EMPLOYEE ❑ Show to whom and Show to whom, date, and Deliv;r ONLY date delivered ' 11 address where delivered ❑ to addressee (Arlclitional cbatTes required for these services) RECEIPT Received th runrrberecl article clescribed beioru. REGISTERED NO. GIGNAIURE OR NAML OF ADDRESSEE(tYLisl aL.ayr he fifled lu) CERTIFI NO• SIGNATUNL`Of AUUIILSSEE3 AGEN I, IF ANY INSURED NO. DATE DELIVERED SHOW INHI RE DELIVERED(onl)r if requested) ¢p,> Lf—>]6a8-9 cvo POST OFFICE DEPARTMENT I MUTY FOR FRIVATE LSE TO AVOID OFFIC,IAI Sk,SINcSS PAYMENT OF POSTAGE.$,00 AR III Atig 2 DELIt I FM 1967 ]NSTPUJMI NS: Show name and address below and complete iiist,uctions on other side, where applicable. - bloisten gunned er.ris, attach and told firmly to back RETURN of article. Print on front of article REY'URN 1 Ls� ,r® RECEIPT REi)I,;ZSTBD. `�` NAME OF SENDER J ci STREET AND NO. OR F.O. BOX nh E ___ ___ POST DFFICE,STATE,AND ZIP CODE G t9 6 i i INSTRUCTIONS TO DELIVERING EMPLOYEE Show?a wMin and M Pow to wham, date, a;ld nrWrr ONLY data deliva nrl addreca where delivered Ia rddresssa (A_!d�lmu�rl charges re(lrfired f'r/Bare Fry-ric,V) RECEIPT Recehed the numbere.(((article described helD+r. REGISTERED t10. SIGNATIGE OR NAME OF A^DRESSEE(Alnsl ilswpa L,cfllsdin) -2n Al SIGNATORF. OF AOORESSFF S AGHV, ANY INSURED NO, -.. DATE DELIVERED SNOW*IFTE DELIVERED(onll i i POST OFFICE DEPARTMENT r t�, PFii�LTY FOR PRIVATE USE:TO AVOID OFFICIAL.EJSINESS `N PA"M $3ou AUG 2 aoSTn�7Sx s INSTRUCTIONS: Show name and address below and complete instructions on other side, where applicable. Moisten gummed ends, attach and hold firm's to back RETURN of article. Print on Front of article RETURN I u TO REQIIESTE.O. NAME OF SENDER _/j� G I.1 C� J p~p STREET AND NO.OR P.D. BOX M E POST OFFICE, STATE,AND ZIP CODE 1 a 6- INSTRUCTIONS TO DELIVERING EMPLOYEE ❑ Show to whom and Slow to whom, date, and Deliver ONLY date delivered ❑ address where delivered ❑ to addressee (Adr/<tiaa,il d.�urgcs required for these services) RECEIPT I:eceiacd the numbered article described below. REGISTERED NO, SIGNATUV° OR NAME OF ADDRESSEE(A1usl always be htied;9) CERTIFIED NO.� (,/MI Cly — � GI C,NAfUI(E OI ADDRESSEE'S AGEhI I,_IF ANY INSURED NO. DATE DEIItl EREO � SIIDW YIJlERE DELIVERED(ugly iI reyves.ed)� T POST OFFICE DEPARTMENT q4`V C� PENA OFFICIAL B'JSRdESS PAYMEN POSTAGE,f3JO K Of Q �hl -LIVERING EI 1967 r V INSTRUCTIONS: Show name and address below and complete instructions on other side, where applicable. — Moisten gummed ends, attach and bold firmly to back �'VR� of article. Print on front of article RETURN /�► TU RECEIPT REQUESTED, L TO NAME OF SENDER ` �DDo STREET AND N0,OR P.O. BOX M LL POST OFFICE,STATE,AND ZIP CODE le d INSTRUCTIONS TO DELIVERING EMPLOYEE ❑ Show to whom and Show to whom, date,andDeliver ONLY date delivered 1:1address where delivered ❑ to addressee (Addilioual charges required for these services) RECEIPT Received the numbered article described below. REGISTERED ND. SIGNAIURE OR NAME OF ADDRESSEE(Must always befilled ia) e . `. GERTI TI ND. _ .E IC IATURE OF ADDRESSEE'S AGENT, IF ANY INSURED NO. DATE DELIVERLD SHOW WHERE DELIVERED(only ifrequested) obs-1 U—%1548-9 �^� POST OFFICE DEPARTMENT PENALTY FOR PRIVATE USE TO AVOID OFFICIAL BUSINESS PAYNiENT OF POSTAGE.$300 POSTMARK OF—� DELIVERING OFFICE k INSTRUCTIONS: Show name and address below and [ complete instructions on other side, where applicable. Moisten gummed ends, attach and bold firmly to back SET - -IlW'1 of article. Print on front of article RETURN RECEIPT REQUESTW. '., T� .' j ij NAME OF SENDER a~O STREET AND NO. OR P.O. BOX M POST OFFICE, STATE,AND ZIP C E 0 16. 6 c INSTRUCTIONS TO DELIVERING EMPLOYEE ❑ Show to whom and Show to whom, date, and Deliver ONLY date delive;¢d ❑ address where delivered ❑ to addressee (drfcjitiat.rl charges required for these services) RECEIPT Receil.ed the rlunrbe•ed article described below. REGISTERED NO, SIUMUR OR NAME ADDRESSEE(Afws always he filled in) E_ �/ CERTIF D NO I �.L � t TCj _7 p ICN RE OF ADDRESSEES AGENT, IF ANY t INSURED NO. DATE DELIVERED S110'N WHERE DELIVERED(only if requested) GPO