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HomeMy WebLinkAboutHEREFORD, CORP a , sept«a�r»r 9s 1974 John jo wixlig, Esq. 154 Pl Street North ArAgver, Inas t* Rut tlsra�'ord Dear lir« Ni.11isa At 'its meeting of September 160 ! • the of Appeals v*W to m*w the Hereford Corp. Earth Removal Pexeait from the above dots, mn►b4sct to the fgllowing acuditicuet 1. A Irtme orueher to not 2. A fenoe with a looked stall be oted at the errtrowoe. 3. Property wall oar6e Sart fte MA shoot"66 4. Royto rati growl-pit to an soon as soonwaaioa►lly tessibles, 50 Opexttti ' l be ted vItUm three 7earsa_;if possible aid ut the "A at this the tatim will be rrvtewaX 6� Bud shall o t*4 thwasud donars ($101,0w) end, gull ran oaaatAmamely« ; YOU mmt apply for rawwal of this',pondi sash year. Veal tra l , DOW CV' APPrALS Alfted g. Pri.soulov uq Vie* Chall aan (373 Enol., aoa Hereford Corp. John t,yous, Town clerk TOWN OF NORTH ANDOVER. MASSACHUSETTS OFFICE OF BUILDING INSPECTOR a Fay APAILTn •:P0 f•. 1885 „OCNu9 r August 12, 1974 Board of Appeals Town Office Building _ North Andover, Mass. Re: Hereford Corporation Earth Removal Permit Gentlemen: I inspected the gravel pit off Boxford Street today. There are no signs of any recent activity at the pit and there appears to have been very little# if aryl materials removed during the last year. No work has been done since last year, to my knowledgep regarding grading# seeding, or the burying of trees and boulders. I am recommending to the Board that: 1. The operator of the pit be required to systematically restore the land according to the conditions of his original permit. 2. The Zoning Board of Appeals impose a further condi— tion as to the total time to be allowed for the completion of the earth removal operation. 3. Where the operator has nct restored any of the land within the last two years# the amount of bond be increased sub— stantial2y and be a continuous bond to remain in force until re— leased by the Town. Very truly yours, CHARLES H. FOSTER BUILDING INSPECTOR CHF:ad F• M1tLIN i TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS February 13, 1979 Hereford Corporation Boxford St. Petition #3-179 Daniel Long, Town Clerk Town Office Building North Andover, Ma. Dear Sirs On February 12, 1979 the Board of Appeals heard a petition of the Hereford Corporation requesting a renewal of their Earth Removal Permit on property off Boxford St. The Board unanimously voted to continue the permit with restrictions that are in effect as per November 1975 decision with the exception of a waiver of Sec. 5.3 (2) of the Earth Removal By-Law. Very truly yours, BOARD CP APPEALS f...� AlC Li 12 r Frank Serio, Jr., Chairman 1919 gb -� cc: Building Inspector J. J. Willis, Jr., Esq. �oJ �0 ti 1°`:,lld bZ E2, 40 TOWN OF NORTH ANDOVER MASSACHUSETTS �Q J. LYWIS v - TQWN K c� Nl1RTd ANDAVER v BOARD OF APPEALS I7,rrr n• 2� a$ January 129 1978 John J. Lyons, Town Clerk Town Office Building North Andover, Ma. Re: Hereford Corporation Earth Removal Permit Dear Sir: On December 12, 1977, the Board of Appeals heard a petition of the Hereford Corporation requesting a Special Permit to conduct earth removal operations on its properties off Box- ford Street, North Andover, Ma. The Board unanimously voted to continue the permit with restrictions that are in effect as per November 1975 decision except for a waiver of Sec. 5.3 (2) of the earth removal By-law. Very truly yours, BOARD OF APPEALS c Frank Serio, Jr., Chairman AD cc: Building Inspector J. J. Willis, Sr., Esq. Edi AnaaT+ s TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS G i fid+ JOHN,1.. LYONS a TQWrj CLERK `N NURiH AMDUVER �� 27, 1977 ,s2£Z'ZZ 12aZ John J, Lyons, Town Clerk Town; Bailding North Andover, Massachusetts .Re: Hereford Corporation Earth Removal Permit Dear Sir: On December 13, 1976, the Board of Appeals heard a petition of the Hereford Corporation requesting renewal of Special Permit to conduct earth removal operations on its properties off Boxford Street, North Andover, Massachusetts. On January 24, 1977 the Board unanimously voted to continue the permit with restrictions that are in effect as per November 1975 decision except for a waiver of Sec. 5.3 (2) of the earth removal by—lay. Very truly yours, B00D OF APPEALS Frank Serio, Jr., Chairman gb cc: Bailding Inspector J. J. Willis, Sia, Esq. t 5:� �•: qm 7,7 1655 TOWN OF NORTH ANDOVER JAN: 13 `'_ MASSACHUSETTS ' IQHK J. DONS. =� T. CLERA MM ANDOUR BOARD OF APPEALS January 13, 1976 John J. Lyons, Town Clerk Town Office Building North Andover, Ma. Re: Hereford Corporation — Earth Removal Permit Dear Sir: On November 10, 1975, the Board issued a decision in regard to the above matter wherein it summarized the conditions of the earth removal permit for operations off Boxford Street in North Andover, Mass. A portion of the November 10th decision mentioned the fact that "...the renewal would not come under the provisions of Section 5 of the North Andover Zoning By—Laws as presently written...". After several questions were raised regarding this portion of the decision, the Board has reviewed the matter and deems it necessary to write this memorandum in an effort to clarify its position. In the November 10, 1975 decision it was the intention of the Board not to waive all provisions of Section 5 of the Zoning By—Law but insofar as the provisions of Section 5 relate to the earth removal operation areas excavated under the previsions of the permit which was the subject of the October 20, 1975; meeting that Sections 5 is not applicable to those areas. Any excavation of any area other than the areas previously excavated as previously mentioned come within all the provisions of Section 5 of the Zoning By—Law as it presently exists. There is some question regarding whether or not the subject acted upon at the October 20, 1975 meeting was a renewal of an expired permit or the annual review of an existing permit. A review of the file on this matter indicates that there may be room for argu— ment on each side of this question. The Board construed the permit to be in existence at the time of the October 20, 1975 meeting, and acted in accordance with the annual review provision stated in the early permit for this operation. This construction by the Board does not in any way affect the reasoning stated herein in regard to the areas which are subject to or which are not subject to the provisions of Section 5 nor does it affect Section 5.1 (5) of the By-Law in the event that the permit be revoked or otherwise expire. January 13, '1976 -2- This position by the Board is consistent, in the Board's opinion, with the reasoning set forth by the Appeals Court of Massachusetts in Kelleher v. Board of Selectmen of Pembroke, Mass. APP• 294 N. E.2d 512. Hereford Corporation will be requested to deliver to the Board a plan of the earth removal operation which is subject to the permit showing all excavated areas within 45 days. Very truly yours, BOARD OF APPEALS Alfred E. Frizelle, Vice-Chairman AEF:gb cc: Building Inspector J. J. Willis, Sr., Esq. Hereford Corporation Board of Selectmen Planning Board MYI ARNOLD H. SALISBURY, TOWN COUNSEL TOWN OF NORTH ANDOVER, MASSACHUSETTS CENTRAL NUILDING LAWRENCE, MA$5ACHUS MS MURDOCK 3-2731 December 1 , 1975 6 John J. Lyons, Town Clerk Town of North Andover DCS Town Office Building J [Y a North Andover, Massachusetts '� 4 V Re: Planning Board if North Andover v. Board of Appeals of North Andover and another Essex Superior Court, Civil Action No. Dear Sir: Pursuant to the provisions of G.L. c. 40A, §21 , you are hereby given written notice of the above appeal, which will today be filed with the Court. A copy of subject complaint is attached hereto. Ve truly yours, Town Counsel, Town of North Andover c�rmn0 'l A.'T OF , A93ACHOSETTS r 3uperior Co•:rt n Civil Action ;- r. . . (_`':led 12-1-75 t, COMWATNT . UI T3, JR. _ ) o =m u " 'FR ,Y t 17777 '114t1"c[ RNs J. NQ FR `©i ( (r they are the duly elected ,. ` embers of the FLA°T 'I"•5 HOARD t of the TUK OF `tORTH VDOVER) ) A APPSAL PURSUANT TC THE PROVISIONS OF G.L. c. 404, 121 . s V. ) ) Fit 4 saw, J" (Chairman) ) '*TI S Lsr:ME (CIPQ ) wi 005 .U1'Y, Ji. (Asgnnj.'te mT er) ) QT07 TF ::- ST (Asronkt,o ><r(,.nher DO 'RT l (Associ0.te Member) I , APs the • 'ore remoer n ar„ or ) i ate :r1 ers of ? he ) RD }d A PPEAT S , f tho ) n . : MITA ) ,,, RPOCATTON ) 7,r 'l.'±-i?'?'t].f£^ ` n. t':e7.r of f`_C:111 C'-'t 1citik ioiotly say that the decision y' �, J ,^^ ig the Wrord .nt mpmbprs of the ?n.nnd of Anpeals of the Town of North ArSover, in at.tochyd horrto, fn-d T de a nnrt of this Complaint, was -and is :-,ill orrgogons, and ghould be set '•Sine aid reversed by this Honorable roort. ,t , PT k "T1'G HOARD OF NORTH VOWN, { I r}y ;tq Attorney I i f 1 �,,Af • � , . jj : Torn+ Counsel, Town of North Andover q` ' - I I December tib is W x 09 *0 TOM Oft* at VW TOft of !T 4"t 14^mbw tot ;T. Tom 00*0 Nevem r , 1975 : _ S J J . CYl:+ 0 a1 V1vr.C. .y , .� . , t ,or.�.h Incovcr, uctru ct� o cford Cor;: . I, ci' I=iuv".. t Mit D ._r ` Sir: r I: :;o:v}. :n ovo 730•:?D C', A. 't ' 1LS, .^t i$U r.r tin:'; ni Cctobcer 2C, 197 ,' he:rtl a petitiaa 6i {.._: t•`.C;O.':: uC2";�Cr„tlOn Y t1n ` rF ''l r”. ?�oci:i•1 PVrn�t to acmv�uct a3rt�+1 i ...at..1 oro.Lp. ' tio= on ito proCOof i o.r 'forth Andover,, ;uaes. t•.f 4CI` Cl�...x,11. !TOYS, It �JjiiJ c j;rC'CC3.' to by 'L. .0 :... =::117. �,ttv. t1 ),41k ��j• ii} YZ.7.C! C0-ar L'E�Z^ CpYr '` '! rn '1r.'R T r.. ^ irzmC� V.I P40tion 5. of tI'O.. A Corp.ra , that tho _cno..a.1 could :o, c �icr the o ' I o. ,4:,,:avc,r Lonin" .3y L: , w., proncntl t t tcx. �A wou v be joverno» b-,l a..y corc�tiois rct coal in the original 0ato00" J, 4 9 ncl. any furthcr.rastriction� , t Y. ..-ic_:od d'.cin;; sae:e:ucnt roncwc.lc by tlii , 13azrd. I_o woaTa then voted • wiriimoilply to re, cei the permit fora pc od of once year (to' October `)nIl N7/1 1 not t the er;'t:rinlionz- li::.tcd h^l01'i�. Uch ir, all 'tr17 w'{'._�3iI'.vE: 1. , 7.Uv40 t 1 T igen -I77+)c1-e-:7 rince crantin.P of the oric;inal pormit. (cffcctivo Cotobor 20, 1975) J ±ctitiojer ch-.11 file -A'C i the To-,.m of I. i7 dandavcr a' eriornanoo bond in th© r.To.1� of a1 PO00 (61121,5,'}) and ;;10,000 and run continuoucly� (9/0'74)• 2• : ? ti;:o ,neTiod frill be allowcO in which to rcnoW- :till car^, jwzk, _etc. DurinC l tine the btzild:Lj" Ia:.p eotor will rai.o roco:,r.:cnl chow:- to the, DO-.rd as to ,,ro reoa, ot,.c::ai�o the permits n.wf bo revoked by action of thin Board (6/12/64). ;. .'::c part an of the 4xoa frorctin�. on l;o,.fcrd St. newly be rostored me nely as Poccible to it.: o* ir,ir�::.l condition as ro!—xc's to Slgpa, top coil turd dr ina�;ot_F / G depth of 300ft. � his :'rock chill be done within 30 days from tho date of bond -imuc (6 92 , i 4. .r.ero shall remain sufficient top coil co ac to curtain ve(.7,'ctation (5/'12164)• r ,►4 i � 3Z'�tA�tt�•.� ro.: Av�am i}o J�•• laSb.�,�= �� 12 13 14 �aciiug ' o rS TOWN OF NORTH ANDOVER o n =W MASSACHUSETTS ra� ��y6� ra BOARD OF APPEALSzp�iovz November 101p 1975 J. J. Lyons, Town Clerk Town Building North Andover, Massachusetts RE: Hereford Corporation — Earth Removal Permit Dear Sir: The North Andover BOARD OF' APPEALS, at its meeting of October 20, 1975, heard a petition of the Hereford Corporation requesting a renewal of its Special Permit to conduct earth removal operations on its properties off Boxford Street, North Andover, Mass. After discussion] it was agreed to by the Board and Atty. John J. Willis, counsel for Hereford Corp., that the renewal would not come under the provisiins of Section 5 of the North Andover Zoning ' w as presently written, but would only be governed by any conditions set down in t original permit dated June 12, 1964 and any further restrictions imposed during subsequent renewals by this Board. The Board then voted unanimously to renew the permit for a period of one year (to October 209 1976) subject to t" restrictions listed below which is a oomposita of all that have been imposed since granting of the original permit. RESTRICTIONS: (effective October 20, 1975) 1. The petitioner shall file with the Town of North Andover aerformance bond in the amount of $1,000 (6/12/64) and $10,000 and run continuously (9/18/ 74)• 2. A 30--day time period will be allowed to which to remove all cars, junk, etc. During this time the Building Inspector will make recommendations to the Board as to progress, otherwise the permit may be revoked by action of this Board (6/12/64). 3. The portion of the area fronting on Boxford St. shall be restored as nearly as possible to its original condition as regards to slope, top soil and drainages for a depth of 300 ft. This work shall be done within 30 days from the date of bond issue (6/12[64). 4. There shall remain sufficient top soil so as to sustain vegetation (6/12/64). November 10, 1975 Hereford Corp. Special Permit Page 2 5. The petitioner shall maintain normal, natural drainage of the area (6/12/64). 6. Restoration of the gravel pit shall begin as soon as economically feasible (9/18/74). 7. The time of operation shall be restricted to the daylight hours — 7:30 A.K. to 6:00 P.N. (6/12/64). 8. A stone crusher is not allowed on the property (9/18/74). 9. The slope at the floor of the excavation shall not exceed a 5% grade (6/12/64). 10. Where the excavating approaches the lot lines, a slope of 4 to 1 is to be maintained 0/12/64)• 11. All excavating must stop 25 feet from the lot lines (6/12/64). 12. A fence with looked gate shall be erected at the entrance (9/18/74). 13. The property shall be posted against trasspassing and shooting (9/18/74). 14. Operations shall be completed within. three (3) years of this date (9/18 74) if possible. At the end of 3 years this restriction will be reviewed (9/18/74. This permit, is for one year only, therefore the petitioner must apply for renewal prior to October 20, 1976. Very truly yours, BOARD OF APPEALS `� Frank Serio, Jr., Chairman JDN,Jr:gb �Dy V v ^,� o cc: Building Inspector J. J. Willis, Sr., Esq. Z Hereford Corporation xo�a o L0 tit�Z2 - - , t ��� �,.- ,� ��. �f:a_ i _�,�: _� ,, .. -� � c � , � �.t �. � '� �� �� .�� PUADDIPPG DDAPiO TOWN OF NORTH ANDOVER MASSACHUSETTS CL Y32•� 'Cp•.� �i 15 .�� 3£7 j�i�J v - F; ILm •..�„ �' N k J. LYG S Sao 2e TOWN QLERr' P L?�bZ F? November 18, 1975 North Andover Board of Appeals Town Building North Andover, Na. RE: Hereford Corp. Decision Gentlemen: With regard to your decision dated November 10, 1975 pertaining to Hereford Corporation's Earth Removal Permit, it appears that you have ignored the provi— sions of the new Earth Removal section of our Zoning By—Law. Therefore, we request that you study the By—Law more thoroughly and reconsider your vote on the matter. Very truly yours, PLANNING BOARD William Chepulis, Chairman gb cat Toft c1. ti/ N d 10 If 1855•meq• ®� ,r11$p a NOV I9 1975 w jo v TOWN OF NORTH ANDOVER 10NN J. LYONS TOW 1 o N CCERf( MASSACHUSETTS �o NURTM ANDOVER BOARD OF APPEALS November 19, 1975 John J. Igons, Town Clerk Town Building North Andover, Ma. 8E: Hereford Corporation Petition #14—'75 Decision dated November 10, 1975 Dear Sir: The decision of the Board of Appeals on the above--cited petition is hereby requested to be set aside pending the hearing on a motion for reconsideration# The motion will be heard on or before November 30, 1975• Very truly yours, BOARD OF APWALS Frank Serio, Jr., Chairman gb cc: Atty. J. J. Willis, Sr.