The URL can be used to link to this page

Home My WebLink AboutMASS. REFUSE TECH INC °, NORih Received by Town Clerk : �3 •~ - -:. ° Date _ TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS ;�a+�••��w" %cl4v Time : � S 1 g�� d%ice : This application must be typewritten A #�LLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Massachusetts Refusetech, Inc. Ferncroft Road Applicant F. H. Moates Address DanvPrsF Mass_ 01123 1 . Application is hereby made ( a) For a variance from the requirements of Section 7 Paragraph7 _ 1 and Table 2 of the Zoning By-Laws . (b) For a Special Permit under Section Paragraph of the Zoning By-Laws . ( c) As a party aggrieved, for review of a decision made by the Building Inspector or other authority. 2 . ( a) Premises affected are land a.nd building(s ) numbered Street . (b) Premises affected are property with frontage on the North ( ) South ( ) East ( ) West ( ) side of Street , and known as No . Street . ( c) Premises affected are in Zoning District 1-2 and the premises affected have an area of 636 , 916 square feet and frontage of 777 . 51 feet. 3. _- Ownership (a) Name and address --of -owner (if-joint- ownership , - give .al-1 names ) : Commonwealth of Massachusetts, Department of Environmental Management Room 1905 , 100 Cambridge Street, Boston, MA 02202 Date of purchase 6/24/81 jreviou•s._Owner.. Ar,gP ri� C.aJ-airJn (b) If applicant is not owner , check his interest in the premises : Prospective Purehas-er _ - xx Lesee Other (explain) Administration 4. Size of proposed ..building : 70 ' front ; _ 70 feet deep; Height : 1 stories; 16 feet. ( a ) Approximate date of erection : As soon as possible ( b) Occupancy or use of each floor : office Building (c) _ Type -of construction ; Steel Frame 5 . Size of existing building : feet front; - feet deep ; Height : stories; feet . (a) Approximate date of erection : (b) Occupancy or use of each _floor: (c) Type o , construction : 6 . Has the-re been a previous appeal , under zoning , onrthese premises ? Yes If so , when? April 12 , 1982 and May 18, 1982 7. Description of relief sought on this petition Variance of 50 ' setback for . Administration Building. 05 1 8. Deed recorded in the Registry of Deeds in Book 1Page 22 or Land'.CoLrt Certificate No . Book Page The principal points upon which I base my application are as follows : (Must be stated in detail ) Topography of land and physical requirements of other installations on the site dictated the planned location for the Administration Building. _ I agree t pay for advertising in newspaper and incidental expenses* Petitioner 's Signature F.P1 nates, Pro jec Manager' Signal RESCO Sec. 1 PPLICATION FORM - Every appli-cation for action by the Board shall be made on a form approved by the Board. These_-forms shall be furnished by the clerk! upon request . Any communication purporting to be an application shall be - treated -as mere notice of intention to seek relief until such time as it is made on the official application form. All in- formation called for by the form shall be furnished by the applicant in the manner therein prescribed. Every- application shall be submitted-_viihh-a list of- "Parties in Interest''- -whi-ch 1-ist -shall. ;include the :.p.etitioner, abutters-, -owners of land directly opposite on._any public 'or . private street or-way , and -abutters to the abutters--within three -hundred feet of the property line of- the -petitioner as they appear o-n - the most recent .applicable- tax list , -notwithstanding that the land- of -any such owner is located- in- another city or town , the Planning Board of the city or town , and the Planning Board of every abutting city or town . * Every:-application shall be submitted with anapplicationcharge cost in-the=-amount of .$25. 00 . In addition , the petitioner shall be respon- sible-for- any andallcosts involved- in bringing the -petition - before the Board. Such costs shall include--ma-il.ing- and publication ; but--- are not necessarily limited to these . LIST OF PARTIES -IN _ I.NTEREST Name° -Address Western Electric. Co. , Inc. 1600 Osgood Street, No. Andover, MA 01845 Town of No. Andover Board of Selectmen 120 Main Street, No. Andover, MA 01845 Borden, Inc. 50 W. Borad Street, Columbus, OH 43215 Jospeh R. Levis 335 Chestnut Street, No. Andover, MA 01845 City of Lawrence Airport Ccnrnission City Hall, Lawrence, MA 01840 a ( Use additional sheets if necessary) J r of 110 �'. "s E o�r�"'° •°�,E Any appeal shall be filed f• AMIL ��` within (20) days after the , 1855�;e date 4of filing of this Notice gcNug �•.,.� in the Office of, the Town APR 13 p9 �� TOWN OF NORTH ANDOVER Clerk. MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . .April 12, 1984 Petition No.. . . . .210-.'.84. . . . . . . . Date of Hearing. . .April 9 ,. .19 8 4 Petition of . . . . F, _ Fi, . MOj.TE5;, (FOR. MA,5., . . . . . . . . . . . . . . . . . . . Premises affected . . Norah. side o.f .C.laxk . S.txe.et. known. .as. Pa .cel. .#2.] . . . . . . . . Referring to the above petition for a variation from the requirements of the . . Z a n z ng. By. Law Section. 7,. .Faxagraph . 7...3. and .Table. .2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . . , re lief. .f rom .the. .front. .setback . requiremen.t .t.o . allow. the cons.truction. .of. .an. .offi ce. .building... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . .Grant . the variance . . and hereby authorize the Building Inspector to issue a permit to construct a new-of fice. •building. which .will not •meet• the minimum front setback requirement. for the construction of the above work, based upon the following conditions: That the plan be revised to meet the requirements of the Board of Appeals . Signed Frank . Serio, . .Jr...,. .Chairman . . . . . . . Alfred. E. . Fri.zel.le,. .Esq. ,. .Vice. Chairman . Richard. •J.._Trepanie.r, . Esq..., . Clerk Augustine W. Nickerson. . . . . . . . . WAL-.ter. F. Soule. . . . . . . . . . . : . . . . Board of Appeals of r.-'} NORTti Any appeal shall be filed i R # within (20) days after the •;�,;�n� ,''• date of filing of this Notice APR ?' 33 �� ''a�wus�`' in the Office of the Town Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS April 12 , 1984 Mr. Daniel Long, Town Clerk F. H. Moates (for Town Office Building Mass . Refusetech, Inc. ) 120 Main Street North side of Clark St. North Andover, Mass . 01845 Petition No. 20-184 Dear Mr. Long: The Board of Appeals held a public hearing on Monday evening, April 9 , 1984 upon the application of F . H. ^bates , for Mass . Refusetech, Inc. The hearing was advertised in the North Andover Citizen on, March 22 and 29 , 1984 and all abutters were notified by regular mail. The following members were present and voting: Frank Serio, Jr. , Chairman; Alfred E. Frizelle, Esq. , Richard J. Trepanier, Esq. , Clerk; Augustine W. Nickerson; and Walter F . Soule. The petitioner seeks a variance from the provisions of Section 7, Paragraph 7. 3 and Table 2 of the Zoning By Law so as to permit relief from the front setback requirement to allow the construction of an office building on premises located on the North side of Clark Street known as Parcel #21, located in the Industrial-2 (I-2) zoning district. Evidence presented by Mr. Ian Hughes , project engineer, revealed that the land in question is the site of the new resource recovery plant and the topography of the land prohibits the applicant from placing the administration building back the required 50 feet. A 27 foot front setback is proposed on the plan. No opposition was voiced at the hearing. Upon a motion made by Mr. Frizelle and seconded by Mr. Trepanier, the Board voted unanimously to grant the variance with the condition that the plan be revised to meet the requirements of the Board of Appeals . r F. H. tMoates (for :Mass. Refusetech, Inc. ) } �#u North side of Clark Street T t~ Petition No. 20-184 NoR VER April 12, ,1984 Page 2 APR 23 1 33 PM '84 In granting the variance , the Board finds that Section 10 .4 of the Zoning By Law has been satisfied. In particular, the Board finds that due to the topography of the land, a literal enforcement of the Zoning By Law would create a hardship to the petitioner and that desirable relief may be granted without detriment to the public good and without nullifying or substantially derogating from the intent and purpose of the Zoning By Law. Sincerely, �BOARD OF APPEALS Frank Serio, Jr. , Chairman Jw (Plan to follow) OTg ANDOVER BUILDING DEPARTMENT J 120 MAIN STREETD 4t ` NORTH ANDOVER, MA 01845 y MAR 10 3 47 Phi X83 '""'`� 88�C�5� INSPECTOR OF BUILDiNaS TEL. 888-5102 ELECTRICAL INSPECTOR r GAS INSPECTOR March 10# 1953 This is a Special Permit to allow Mass. REFY,MECH9 INC. to clear, excavate and install footings and foundations j for the Resource Recovery Facility located on the east side ` of Clark Streets North Andover. No footings or foundations to be poured until final plans are submitted and approved by this department. CHARLES H. FOSTER 14 rF�� INSPECTOR OF BUILDINGS CHF:of /ATTEST: A True Copy Town Clerk i ►+. ;:Q�?;:a� ' (RECEIVED. �a�'►�w :°�� DAINIFI. LONG th.`APoll.? :J0 TO N i f ERK lass NORTH 4NUOVER ` 44�criu5� 1' ��vvwv t APR 13 1 33 PM '82 TOWN OF NORTH ANDOVER MASSACHUSETTS Any appeal shall be filed within (20) days after the BOARD OF APPEALS date of filing of this Notice in the Office of the 3'own NOTICE OF DECISION Clerk. �--�- Date . . . . . h.P r i 1. . 1.3 0 . .1.9 8 2 . . . . Petition No.. . .16 , . ' 8.Z . . . . . . . . Date of Hearing. . .AP.ri 1. .1?., . 19.82 Petition of . . . . .F9ASSACHUSET.TS REFU.SETECH. 0 I,t.1C... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . PJ ort h s i, d e, ,of , H o,1, t, ,R,o a,d, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . .Z o,n i n,g. Ry. L a w Sectio,n , ?. , . P,ar .ara.Ph. .7 . 4. .an.d. f.abl.? . ?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit the, const.ruc_tio.n . o.f. .a . st:ruc.tu.r.e. whi.c.h. wi l l. .excee.d: t.he. . _ .hei.nht. . re.qui.rement.s . �.q . a.n . : . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . .G RANT. r . . the . . .v a r i an c e. . . . . . . . . . . and hereby authorize the Building Inspector to issue a permit to 14as.sachus.et.ts . Ref.use.tech., .I.nc... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . T&)ft16d& ilr>bMt�XiXdfJ llDfd4�? )i�lf�FBl,�tbi4>tDf�fEt�ltdfll�(diitiGl4 Signed Frank Serio, Jr, , Chairman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Alfred„ E . Fri zelle , E.sq..., Vice Chairman Auaustine W . Nickerson „ „_ Maurice S,., , fouI ds. . . . . . . . . . . . . . . Wter F .. . So,ule . . . . . . . . . . . . . . Board of Appeals '1G4 C.IY�id �et�ee e'�.ye DANIEt LC,,iG p TOWN ,a EpX tiDRTN rv, DOVER B�cNus°' APR i 133 FN 101 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS April 13 , 1982 Mass . Refusetech , Inc . North side of Holt Road Petition No . 16 - '82 Mr. Daniel Long , Town Clerk Town Office Building , North Andover , Mass . 01845 ,Dear Mr. Lona ; The Board of Appeals held a public hearing on Monday evening , April 12 , 1982 upon the application of Massachusetts Refusetech , Inc . The hearing was advertised in the Lawrence Eagle Tribune on March 29 and April 5 , 1982 and all abutters were notified by regular mail . The following members were present and voting: Frank Serio , Jr. , Chairman ; Alfred E . Frizelle , Esq . , Vice- Chairman ; Augustine W . Nickerson ; Maurice S . Foulds ; and Walter Soule . The petitioner , Massachusetts Refusetech , Inc. , a wholly owned subsidiary of U .O . P . , Inc. , of Des Plains , Illinois , seeks a variance of the provisions of Section 7 , Par, 7 . 4 , and Table 2 of the Zoning By Law to enable it to construct a structure which will exceed the height requirements of the Zoning By Law on premises located on the "forth side of Holt Road. The land is owned by the Commonwealth of Massachusetts adjacent to the North Andover Sanitary Landfilland is located in the Industrial - 2 zoning district . It is proposed to construct a resource recovery system in cooperation with communities in Northeast Massachusetts and Southeast New Hampshire , known as the Northeast Solid Waste Committee Project . • RECEIVED ONG Massachusetts Refusetech , Inc . TOW,4CNIEL LRK TOW+{ CLERK Petition No . 16 182 NORTH 'NDOVER Page 2 April 13 , 1982 APR 13 1 33 PM T The petitioner will eventually obtain title or release to the premises. The petitioner introduced evidence showing that the project will consist of industrial type buildings consisting of a tipping floor, storage pit, overhead cranes for feeding refuse into the system, utility type boilers , and a materials recovery system. The project will incinerate solid waste and generate electricity . Drawing No . 5-7190-01 . 01-009D REV O , dated March 25 , 1982 was submitted and made part of the petitioner ' s application . The evidence presented shows that a major equipment component of the facility is the utility type boiler which absorbs heat from hot gasses from the combustion of the refuse . The design paramete s for the boiler require a relatively tall furnace which will exc:ed the Table 2 , Industrial -2 maximum height of 55 feet by approximately 47 feet as shown on the aforementioned drawing . Upon a motion made by Mr. Frizelle and seconded by Mr . Foulds, the Board voted unanimously to grant the variance as requested by the petitioner. Pursuant to Paragraph 7 .4 and 10. 4 of the Zoning By Law , the Board finds that said structure will not affect the zoning district in general and that a literal enforcement of the height restriction would involve a substantial hardship to the petitioner and the Northeast Solid Waste Committee Project and , further, that the relief can be granted without substantially derogating from the intent and purpose of the Zoning By Law. Sincerely , BOARD OF APPEALS r5Ak%o-ZA ,�,o Frank Serio, Jr . , Chairman AEF/jw (Plan to follow) y ... Any appeal shall be filed within (20) days after the :i3 ` ��°"PO1� . date of filing of this Notice oAN1€�_. . RECEI'1 ofc 1 f:'�.�5,++1855 : in the Office of the Town . � � g• q• TO I~ "ss.. � � Clerk. NORTH '010OVER ti►::;:: ORTH JUN 3 10 49 AN *8ZTOWNiv SSACH SETTS ANDOVER BOARD OF APPEALS NOTICE OF DECISION Date . . . . . J_une 2 , 1982 . . . . . . . . . . . . . . . Petition No.. . . ?.1 . 7. . 8.2. . . . . .. . Date of Hearing. . .May 18 ,. .19 8.2. Petition of . . . . . .t.-?ASSA,CHUSETTS REF.USETECH , INC . Premises affected . . .North side o f Holt Road . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . To n i.n 9. .&y 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . .the c.o1 . . . ption of. .a. . .stac_k . w.hich . w.i,Tl, .exceed . the. h.ei.ght re.qui.rement.s. . i.n . a.n . I.-2. .Ili s.tri.ct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . .G RA M T. . . . the v ar i a n c e. . and hereby authorize the Building Inspector to issue a permit to . M a s.s a c.h u s.e t t s . Ref u.s a t.e c h., . I.n c... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: That said stack shall at all time be operated in conformity with all rules and reaulations , local , state , and federal , which regulate the emissions from said stack ; and , further , that in the event that emissions from said stack operates to the detriment of the public good , that the operator there- of shall remedy any conditions which ejuses said emissions . Signed Frank . Serio , Jr.... . lh4irman. . . . . . . . Alfred, ,E . , .Fri,zel_1.e.,, .Fs.q , ,, Vice. Chairman William .0.. .$u.l.l i van. . . . . . . . . . . . . . Augu.sti ne, V1 M.i ckers.on. . . . . . . Walter. F .. Sou.1:e.,. ,Associ.ate. . M!gmber Board of Appeals RECEIVE;Ci Of�oeTe�bp DAH'EL LONG 3�.. , .. .._. TOWN C' Rei NORTF? V AVER IL — Jum 3 10 so AM '82 ,ss ryo ACNUS TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS June 2 , 1982 Mass. Refusetech, Inc . Holt Road Petition No . 21 - 182 Mr. Daniel Long , Town Clerk Town Office Buildina North Andover , Mass . 01345 Dear Mr. Long : The Board of Appeals held a public hearing on Tuesday evening , May 18 , 1982 upon the application of Massachusetts Refusetech , Inc . The hearing was advertised in the Lawrence Eagle Tribune on May '3 and 10 , 1982 and all abutters were notified by regular mail . The following members were present and voting ; Frank Serio , Jr. , Chairman , Alfred E. Frizelle ,' Esq: , Vice Chairman ; William J . Sullivan , Augustine W , Nickersony and Associate Hem ber Walter F. Soule . The Board voted unanimously to take the request under advisement and net again on June 1 , -1982 to render their decision . The same members of the Board were present. The petitioner , Mass , Refusetech , Inc . , a wholly owned subsidiary of UOP , Inc . , Des Plains , Illinois , seeks a variance from the provisions of Section 7 , Paragraph 7 . 4 and Table 2 of the Zoning By Law to enable it to construct a stack which will exceed the height requirements of the Zoning By Law on premises located on the North side of Holt Road . The land is owned by the Commonwealth of Massachusetts adjacent to the North Andover Sanitary Landfill and is located in the Industrial -2 zoning district. It is proposed to construct a resource recovery system in cooperation with communities in North- east Massachusetts and Southeast New Hampshire , known as the Northeast Solid Waste Committee Project . J • (CEIVED. Mass . Refusetech , Inc . DANI�LLONO Petition No . 21 - 182 TOWN C°_A June 2 , 1982 NOATN Af DdAR Page 2 Jo 3 10 m W11 A variance for the structure itself was granted by the Board on April 12 , 1982 . It was later discovered , however , that the stack was not made part of the original variance request , and , therefore , a separate petition was submitted to the Board . At the hearing , evidence was presented to show that there would be gaseous and particulate emissions from the stack . The peti - tioner stated that it would conform to required envoronmental rules and regulations . Upon a motion made by Mr. Frizelle and seconded .by Mr. Sullivan , the Board voted unanimously to grant the variance subject to the condition that said stack shall at all times be operated in con- formity withall rules and regulations , local , state , and federal , which regulate the emissions from said stack ; and, further , that in the event that emissions from said stack operates to the detriment of the public good , that the operator thereof shall remedy any condition which causes said emissions . The Board finds that the variaince as granted will not derogate from the intent and purpose of the Zoning By Law and/or be a detriment to the public good . However , the Board is concerned with the environmental effect of the stack , and , therefore , placed the foregoing condition on the variance . Pursuant to Paragraph 7. 4 and 10 . 4 of the Zoning By Law , the Board finds that said stack will not affect the zoning district in general and that a literal enforcement of the height restriction would involve a substantial hardship to the petitioner and the North- east Solid Waste Committee Project ; and , further. that the relief can be granted without substantially derogating from the intent and purpose of the Zoning By Law . Sincerely , BOARD OF APPEALS /' 1C3�`� ', �'�• 6J Frank Serio , Jr „ Chairman AEF/jw (Plan to follow) Oversized Maps on file with the Town