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HomeMy WebLinkAboutWATSON, ROBERT �10RTp F 10 4q It C TOWN OF NORTH ANDOVER MASSACHUSETTS 09 10 71 ' 2 Q REC'�I ' D BOARD OF APPEALS NOV 271979 `�aAl�ip1 v November 27, 1979 Robt. A. & Jane S. Watson Salem & Ingalls Sts. & Forest St. Petition #30-179 Daniel Long, Town Clerk Town Office Building North Andover, Ma. Dear Yr. .Long: On November 13, 1979, the Board of Appeals held a public hearing on the request of Robert A. & Jane S. Watson for continuance of their Earth Removal Permit at Salem, Ingalls and Forest Sts. The following members were present and voting: Frank Serio, Jr. , Chairman; Alfred E. Frizelle, Esq., Vice Chairman; James D. Noble, Jr.; Richard J. Trepanier, Esq.; and Assoc. Member, William J. Sullivan. At the hearing the petitioner, represented by Atty. John J. Willis, Jr., requested permission to add as an additional party, Andrew Circle Realty Trust who presently has signed a Purchase and Sale Agreement for the purchase of the property. The Board, on motion by Frizelle seconded by Trepanier voted to grant the request to add the additional party. Essentially, the petitioner has not changed the character of the operation since the operation was last reviewed. Upon motion. made by Frizelle and seconded by Trepanier, the Board voted to GRANT the request subject to and upon the following conditions: 1) applicant to be named Robert A. & Jane S. Watson and Andrew Circle Realty Trust; 2) prior to Andrew Circle Realty Trust operating under the Special Permit, subject to transfer by Robert A. & Jane S. Watson to Andrew Circle Realty Trust, the security deposit in the amount of $10,000.00 required by the Board be in the sole opinion of the Board satisfactorily assigned to the Town of North Andover; 3) waivers granted as follows on sections of the Earth Removal By—Law: a 5.31 — plans received by the Board on April 14, 1975 were accepted; b� 5.35 c) 5.41 — in order to be in accord with Sec. 5.35; d) 5.7 — and to allow the pond to take the place thereof; e) 5.78 (a,b,c) and that the operation be in accordance with the present operation; Watson Decision —2— f) 5.84 — allows spreading of 4" of topsoil in accordance with the original permit; the area on the hillsides shall be spread with manure; 5.86; 4) the Planning Board shall be notified, in writing, of the existence of this Special Permit to Watson/Andrew Circle Realty Trust as it will apply to any subdivi— sion of this parcel of land by Watson/Andrew Circle Realty Trust or others; 5) annual review to be held at the September 1980 meeting. Very truly yours, BOARD OF APPEALS Frank Serio, Jr.;, U Chairman AEF:gb FORM A APPLICATION FOR ENDORSHWMT OF PLAN BELIEhM NOT TO REQUIRE APPROVAL } September 21 • 19 .Z2... I , To The Planning Board of the Toxo of North Andover: The undersigned wishes to record the accompanying plan and requests a determine•• tion by said Board that approval by it under the Subdivision Control Lax is not required. ,The undersigned believes that such approval is not required for the following reasons 1. ,The division of land shown on the accompanying plan is not a subdivision because every lot shown thereon has the amount of frontage required by the North Andover Zoning Bye-Law and is on a public way, namely Missile Sim to & Forest St_ or a private ways namely being land bounded as follows: Northerly by Forest St, H.G. Sons & Assoc. & Murnhv_ Easterly by Wysocki. E' & F Bldrs Murphy & Missz]_e Sita Rnac3 Southerly by NEP. Co', Westerly by Olympic Construction, & Andrew Circle Realty Trust Wysocki 2. Title reference: North Essex Deedsg Book 805 9 Page 87 ; or Certificate of Title No. , Registrations Book page ; or Other: 4 ; d:> i Received by Town Clerks Applicant's signature Date: A cant's address R.A. & J.S. Watson a�f a 876' Forest Street Time. ,•,; C, North Andover,: MA Signat x, U ? , Owners signature and address if not the _ - a --- - applicants - - - «, o t s. Ii Notice to APPLICANT/TOWN CL of Action of Planning Board on Accompanying Plan, 1. The North Andover Planning Board has determined that said plan does not require approval under the subdivision control laxt and the appropriate endorsement has been made upon the same. 2. . The North Andover Planning Board has determined that said plan shows ° a subdivision, as defined by G.L. c. 419 s. 81—Lr and must therefore _: • be re—submitted to it for approval under the subdivision control law. _ w .• w_ ___ _.... Yery, truly yours, . NORTH ANDOVIR PLANNIM BOARD B.Y y� i.. _ Z,b.�,� .. "�irti». R }�. ., ., -. .. .-. �' ti•' ._ J.:..tis ,P'�4:. - S4 Dated FORM A APPLIC I(O FOR ENDORSEMENT OF PLAN 1�4' BELIWEII NOT TO RKUIRE APPROVAL - j April 2 1 19 79 To The Planning Board of the Town of North Andover: The undersigned wishes to record the accompanying plan and requests a determina— tion by said Board that approval by it under the Subdivision Control Law is not required. The undersigned believes that such approval is not required for the following reasons 1. The division of land shown on the accompanying plan is not a subdivision because every lot shown thereon has the amount of frontage required by the North Andover Zoning By—Law and is on a public ways namelyp „Zoa^AG+- Street Missile Site Road or a private way, nameipt 9 being land bounded as follows: ' On the North by Forest Street On the East by Land N/F of 'Wysocki, Cristaldi, H&G Son,Associates, old Murphy; On the South by Missile Site Road; On the West by Land N/F New England Power Company, O1 mpic Construction, n rew Circre Realty Trust & Wysocki 2. Title reference: North Essex Deeds, Book 805 f Page 87 ; or Certificate of Title No. , Registration Book page =; or Other: � k Received by T: . , 'Clerk: App c t' signet I w � Date:/ ` yw Applicant's address R.A. Watson R 2 197g 876 Forest Street , North Andover Time T North Andover, MA 01845 Sign a d Owner's signature and address if not the applicant: 4 Notice to APPLICANT/TOWN CLERK of Action of Planning Board on Accompanying Plan. f' . 1. The North Andover Planning Board has determined that said plan does ( ' not require approval under the subdivision control laws and the appropriate endorsement has been made upon the same. l : 2. The North Andover;Pla=wdn!,B atermined that s plan showsa subdivisions y G.L. e. 41, a. 81-,� and crust therefore be r ed v under the subdi s rol lax. Very truly yours, t NORTH ANDOVER PLANNIM BOARD t L Dater 1. I `CORM A APP1ICa -'>N FOR ENDORSMNP OF PLAN BELIEVED NOT TO REQUIRE APPROVAL i April 2 , 19 79 a To The Planning Board of the Torn of North Andover: The undersigned wishes to record the accompanying plan and requests a determin&-- tion by said Board that approval by it under the Subdivision Control Law is not required. The undersigned believes that such approval is not required for the following reasonst 1. The division of land shorn on the accompanying plan is not subdivision because every lot shown thereon has the amount of frontage required by the North Andover Zoning By Law and is on a public way, namely,, Forpst StrPet Missile Site Road or a private way, namely,- 1 being land bounded as follows: s; i On the North by Forest Street On the East by Land N/F of 'Wysocki, Cristaldi, H&G Son,Associates, hd Murphy; On the South by Missile Site Road; On the West , by Land N/F New England Power Company, Olympic Construction, C Andrew irc e Realty Trust & Wysocki 11, 2. Title reference: North Essex Deeds, Book 805page 87 -1 or Certificate of Title No. , Registration Book , page or Other: a Received by To ApplIc t' �sigrnatur Date: � VFFn Applicant's address R.A. Watson 9 ' W 876 Forest Street, North Andover 9 Time: � � rO ;- -o North Andover, MA 01845 Signature: ` °. Owner's signature and address if not the applicant; Notice to APPLICANT/TOwN CLERK of Action of Planning Board on Accompanying Plan. ; 1. The North Andover Planning Board has determined that said plan does not require approval under the subdivision control laws and the appropriate endorsement has been made upon the same. 2. The North Andover Planning Board has determined that said plan shows a subdivision, as defined by G.L. c. 41, a. 81—L. and must therefore be re—submitted to it for approval under the subdivision control law. Very truly yours, NORTH ANDOVER PLANNING BOARD BY Dater :i f 4 pp. / ti2 13 141 TOWN OF NORTH ANDOVER i'7! =o MASSACHUSETTS �p l0 1.LYt?I v ' ��; BOARD OF APPEALS November 18, 1977 John J. Lyons, Town Clerk Town Office Building North And.o*, Ma. Re: Robert Watson Earth Removal Permit Renewal Dear Sir: At its meeting of October 11, 1977 the Board of Appeals unanimously voted to grant the continuance of the Special Permit for earth removal operation renewal as listed in permit granted on Nov. 8, 1976. Annual review to be held at the September 1978 meeting. Very truly yours, BOARD OF APPEALS Frank Serio, Jr., Chairman gb 4: l85l4 � TOWN OF NORTH ANDOVER MASSACHUSETTS o Moo BOARD OF APPEALS tug 3.4 01Q1 1.y0fis CD a TOWN K o" �"p NORTN �NWY �' XV 27 t 1977 qtr. John J. jLyons, Town Clerk Town OffioeiBuilding North Andover, Kassachusetts He: Robert Watson Earth Removal Permit Renewal Dear Sir: At its meeting of November 81 1976 the Board. of Appeals unanimously voted to grant the continuance of the Special Permit for earth removal operation subject to the following stipulations: Waivers were granted on the following sections of the Earth Removal BY-haws 5.31 — plans received by the Board on April 14, 1975 were accepted; 5.35; 5.41 - in order to be in accord with Seo. 5.35; 5.7 (4) 1— and to allow the pond to take the place thereof, 5.78 (aib,c) — and that the operation be in accordance with the present operation; 5.84 — allows spreading of 4" of topsoil in accordance with the original permit; the area on the hillsides shall be ppread with manure; 5.86 Annual review to be held at the September 1977 meeting. Very truly yours, BOARD CF A PMS Frank Seriot Jr., Chairman gb �aRry � `arpa►oR,,� MeIaTt+ :a' ' • 18SS �' + s TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS June 12, 1975 Mr, John J. Lyons, Town Clerk Town Building North Andover,:, Massachusetts Dear Sir: RE: Robt. & Jane S. Watson' Earth Removal Permit At its meeting of April 149 19751 the Board of Appeals unanimously voted, upon motion of Mr. Frizelle and second by Mr. DiFmxsoio, to extend the earth removal permit for a one—year period from the aforementioned date pursuant to the provisions of the original permit, subject to the following conditions: 1, that the: present permit is hereby amended by incorporating therein the plan submitted by the petitioner on April 14, 1975• 2. that the south corner of the front pond be built up so as to protect the brook which lies on the edge of the pond. This condition is to be completed by April 1, 1976. 3. that trees be planted in the areas shown in red on the plan referred to in #1 above. Said trees to be evergreen and be planted 150 trees per acre. Very truly yours, BOARD OF APVMS Y Frank Serio, Jr., Chairman GAB cc: Building Inspector Note: Copy of plan in Board of Appeals office. I F s g: APOkn* it ��$og10 ra n� � TOWN OF NORTH ANDOVER o RECEK0 MASSACHUSETTS o NOV 1 1968 ; � w JOHN J. LYONS BOARD OF APPEALS 00 TOWN cmcNomn Mom 0 No tember 1, 1968 `o bZ ea 2Z %z Earth Removal Permit Jane S. Watson John J. Lyons,, Town Clerk Town Office Budding North Andover,l Mass. Dear Sir: Upon application of Jane S. Watson to the North Andover Board of Appeals for a Special Permit under Sections 5.1 and 5.2 of the North Andover Zoning By-news so as to permit the removal of sand and/or gravel, a public hearing was held on October 29, 1968. The hearing was held in the Town Hall facilities after having been advertised in the Lawrence Eagle Tribune on the dates October 1l+ and 21, 1968 and with all abutters duly notified by certified mail. The members of the Board present and voting were: James A. Deyo, Chairman; Arthur Drummond, Secretary; Daniel T. O'Leary, Donald J. Scott and J. Philip Arsenault, Esq. The petitioner was represented by Atty. John J. Willis, who stated that the development of the area as a gravel pit would in no way be objectionable by abutters as there were no homes in the immediate area; that the gravel/sand area abutted the new access road being built for the Sentinel Missile Base and that the gravel was to be used to construct the access road; that the area to be developed covered several acres and that all provisionsoof the Zoning By haws and such special conditions that the Board nay request will be complied with in the operation and closing of the area; that excavation would be in the order of eight feet with some 10,000 yards required for the immediate construction. There were several interested people speaking on the petition but no specific objections were registered. A representative of the Conservation Commission questioned the' terrain and was informed that it was open with no trees. Upon a motion,, unanimously approved, the petition was taken under advisement. During this period it was noted that there were no reasons in particular why a per- mit should not be granted. Accordingly, upon a motion by Mr. O'Leary, seconded by Mr. Drummond, the petition was approved subject to conditions to be listed. The principal reasons for granting the permit and special conditions are as follows: 1. The area to be developed into a source of sand and/or gravel is particularly suited for residential construction principally due to its being somewhat remote and not connected with all normal utilities. s Jane S. Watson -2- November 1, 1968 2. Granting the permit will not be detrimental or injurious to the immediate neighborhood or against the general interests of the public. 3. The petitioner's request is acceptable and to deny it would be doing an in- justice to the petitioner in not allowing him a reasonable use of his land. Conditions: A. That this permit shall be limited to one year and that upon application to the Board, without the need of a public hearing, with a report from the Building In- spector that the operation is satisfactory, a renewal may be granted. B. That the petitioner file with the Town of North Andover, a Performance Surety Bond in the amount of Ten Thousand Dollars ($10,000) with the stipulations that all provisions and requirements for operation and performance under such bond be subject to review and approval of Town Counsel. Also that all expenses attendant in the preparation and execution of said Bond be borne by the petitioner. C. That all out slopes be restricted to a maximum of 25 degrees. D. That all stones or boulders uncovered by excavation and not used, be buried. E. That excavation shall not be made within fifty (50) feet of the access road and within sevOnty-five (75) feet of a small brook running through the area. F. That all sales and/or deliveries of said sand and/or gravel be restricted to the use of the ,aforesaid access road and site and to the Town of North Andover, G. That all loam stripped from the area shall be stocked for use in restoring the area. A minimum of six inches of loam shall be applied in said restoration. Very truly yours, BOARD OF APPEALS � �w James A. Deyo, Chairman JAD:ad Y•1, A�ILM y. ',�:�,18SS �•,, CtW 10 17 1Z 78 TOWN OF NORTH ANDOVER �g MASSACHUSETTS c N BOARD OF APPEALS O August 21, 1969 o ti Jane S. Watson eo co bz eZ 2a 876 Forest Street John J. Lyons, Town Clerk Town Office Building North Andover, Mass. Dear Sir: Upon application of Jane S. Watson for a Special Permit under Sections 5.1 and 5.2 of the Zoning By-Laws so as to permit the removal of sand and/or gravel at the meeting of the North Andover Board of Appeals of Monday, August 11, 1969 held in the Town Building, the following members were present and voting: Arthur R. Drummond, Chairman; Daniel T. O'Leary, Secretary; Donald J. Scott, J. Philip Arsenjault, Esq. and Donald J. Leonard. The hearing was advertised in the Lawrence Eagle-Tribune on July 26 and August 2, 1969 and all abutters were duly notified by certified mail. Due to the work stoppage on the missile site on the access road, this hearing was granted to ,consider the removal of certain restrictions imposed under a previously granted permit dated October 29, 1968, issued for the sole purpose of supplying the aforesaid missile site or access road, from the premises on the north side of Salem Street approximately 4tOOO feet from Ingalls Street. The petitioner was represented by Atty. John J. Lynch who stated that for reasons of economy it was necessary for delivery and sale of these two materials to Ether sites, and than any restrictions thought necessary by the Board would be complied with. Besides 'John Walker, Charles H. Foster spoke in favor of the petitioner. Several persons present, including Mrs. George B. Adams, Mrs. Seppila, Mrs. Dolan and others, were opposed to the use of adjacent streets by trucks going to and from the pit duce to the narrowness of the streets and the number of children living in the area as well as the speed at which said trucks travel. Also, the fact that many! of the vehicles do not cover their loads as required. The petition was taken under advisement upon a unanimous vote. During this period a lengthy discussion followed after which on motion of Donald J. Leonard, seconded by Daniel T. O'Leary, it was voted to approve the petition subject to the conditionslisted. r Jane S. Watson -2- August 21, 1969 1. The earth removal is somewhat remote and not connected with all normal utilities. 2. Granting the permit will not be detrimental or injurious to the immediate neigh- borhood or against the public's general interest. 3. The petitioner's request is reasonable and to deny it would deprive the peti- tioner of the reasonable use of the land. Conditions: 1. This permit is limited to one year from date and that upon application to the Board of Appeals at that time without need of a public hearing but contingent upon a report to be filed by the Building Inspector that the operation is satisfactory, a renewal may be granted. 2. That the performance surety bond in the amount of $10,000 now on file be con- tinued under the previously stated conditions and updated for the ensuing year upon its expiration on November 4 1969. 3. That all out slopes be restricted to a maximum of 25 degrees and that all stones or boulders uncovered by excavations and not used, be buried. Q. No excavation shall be made within 50 feet of the access road and within 75 feet of a small brook running through the area. 5. All trucks either going to or returning from the earth removal site are pro- hibited from using any entrance or exit other than the access road excepting authorized Town of North Andover vehicles. 6. Every truck hauling gravel or sand must have their loads adequately covered. 7. All stripped loam from the area shall be stocked for use in restoring the area and the said restoration must have a minimum of six inches of loam applied. 8. Also the submission of complete plans for the information of the Building Inspector and to be drawn up in detail. Very truly yours, BO CF APPEALS Arthur R. Drummond, Chair 910 17 ARD:ad REc�vED p p AUG 211969 w JOHN J. LYONS o TOWN(ARK N AtlDU �` p. NOR11� VER a2 ea zz tiZ° .� Nonryq� <w: A►nu7rr :a .+ ►ra+"'� 01 TOWN OF NORTH ANDOVER MASSACHUSETTS o AUG 211969 o JOHN J. LYONS � BOARD OF APPEALS No o� NOTICE OF DECISION Date ,09.w.t .21,.1969 . . . . . . . . . . Petition No.. . . . . . . . . . . . . . . . . . . . . . Date of Hearing. .August.11j..19.6.9. Petition of . . . . .JaneS. Watson . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . North side of Salem Street;approx. /x,000 ft, from Ingalls Street. Referring to the above petition for a variation from the requirements of the . . . . . .. . . . . . . . . . . . North Andover Zoning By—Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . so as to permit the removal of sand and/or gravel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . .G . . . . . the Special Permit and hereby authorize the Building Inspector to issue a permit to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: See conditions as listed on decision attached. Sagr� Arthur. R.. .Drummondx Chairman . . . . . . . . . . Daniel T. O'Leary, Secretary Donald J. Scott J. Philip Arsenault, ,Esq. Donald J. Leonard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals rb+ie 7rt :pe 6 A v S. 1885 ,•'`• '� p'"P [(� f,,••.,.••' RECEIVES !> JAN 25 1979 s TOWN OF NORTH ANDOVER It LL kwai MASSACHUSETTS BOARD OF APPEALS January 25, 1979 Daniel Long, Town Clerk Town Office Building North Andover, Ma. Re: Robert A. Watson Earth Removal Permit Renewal Dear Sir: At its meeting of January 22, 1979 the Hoard of Appeals unanimously voted to grant the continuance of the Special Permit for Earth Removal operation renewal as listed in permit granted on Nov. 8, 1976. This renewal of permit is retroactive to September 1978 and annual review t6 be held at; the September 1979 meeting. Very truly yours, BOARD OF APPEALS Frank Serio, Jr., Chairman gb FORM A APPLICATION FOR RNDORSHMWM OF PLAN BELIEVED NOT TO REQUIRE APPROVAL, t - CAptemhi+r ?7 • 19 79 To The Planning Board of the Town of North Andover: The undersigned wishes to record the accompanying plan and requests a determine tion by said Board that approval by it under the Subdivision Control Law is not required. The undersigned believes that such,,approval isnot required for the following reasons 1. The division of land shown on the accomparW ng plan is not a subdivision because every lot shown thereon has the amount of frontage required by the North Andover Zoning By-Law and is on a public ways namelyt Missile Site & Forest Stream' a private ways namelys s being land bounded as follows: Northerly by Forest Street. N.Q. `'o 1s & Assnr; a�q Murphy. Easterly by Wysocki, E & F Builders. Murphy & Miggzj,]a s tP Roam Southerly by NEP.Co:. a Westerly by Olympic Construction & Andrew Circle Realtv Trust & Wysocki ' - 2. Title reference: North Essex Deedst Book 805 s Page 87 ; or Certificate of Title No. s Registration Book , page or Other: r Received by Town Clerk: Applicant's si t z,p , Date: `' ti '�- Applicants address R.A. & J--S- Wat-son Tom, ' 876 Forest Street , ua North Andover. MA Signature: , Owner's signature and address if not the applicants - - .00 _.. i y Notice to APPLICANP/TOWN CLERK of Action of Planning Board on j Accompanying Plane 1• The North Andover Planning Board has determined that said plan does not require approval under the subdivision control lank and the appropriate endorsement has been made upon the same. x { adUfAblud 1wV • • U0 ' ow elmobt be rememb" - - .. y {fery truly yourst NORTH ANDOM PLANNING BOARD -.Dates ...+s.........n.�+ ...... . ; .. . arTvv'.v..l- a.ur ... x•<..+iciw...t.....i x..tix:.. ,... i Oversized Maps on file with the Town