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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date April 14 , 195
Petition No.
Date of Hearing March 1G• 1958
Petition of _ Miss Jane Wysocki
Premises affected 875 forest Street, North Andover, Mass.
Referring to the above petition for a � g �+�±�� � �'«gY� special permit
tp remove gravel -from the above premises.
After a public hearing given on the above date, the Board of Appeals voted to BAY the
PetitionLL
,
Signed:
Donald F. Smith, Chairman
Daniel O 7 Keary
Benedict Perrone, Assoc. Member
Alfred Boeglin, Assoo. Member
Board of Appeals
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
April 21, 1958
This case came on to be heard on March 10, 1958 at the Town Building. Present
at the hearing were the following members: Donald F. Smith, Chairman, Daniel
O'Leary, Nicholas Nieetta, Alfred Boeglin, Associate Member and Benedict Perrone,
Associate Member.
The Board heard evidence and arguments on behalf of the petitioners and of all
who objected to the allowance of the petition.
After hearing, the Board took the petition tinder advisement and subsequently
took a view of the premises to which the petition related.
On April 14, 1958, theBoard met in executive session to consider the Petition.
Present and voting were: Donald F. Smith, Daniel O!Leary, ,Alfred Boeglin, Associate
Member and Benedict Perrone, Associate Member. Nicholas Nicetta, whose term had
expired since the hearing, and prior to the consideration of and vote on the Petition,
and whose successor had been appointed and qualified was not present and took no
part in the deliberation and vote.
The Board found that the premises, the subject of this petition, was tract of
some 130 A and bounded generally East and West by Salem Street and Forest Street.
The area is generally hilly and is at the southermost part of the Town. It is
some .3 mile from the Middleton-North Andover Town Line. On the North Andover
side of the line and along Salem and Forest Streets, there are relatively few
homes. However a short distance from the premises across the North Andover
Middleton line, there are homes of relatively recent construction and of apparently
substantial value.
The roads in North Andover touching on the property are very narrow and greatly
need of repair. Two automobiles can pass only with difficulty and a truck and
automobile can pass only if one vehicle leaves the roadway and pulls to the side.
There was evidence by the operator of theSchool Bus which drives on Salem. and
Forest Streets daily during the school sesstion that the streets, are almost im-
passible during bad weather and that a dangerous condition'exists when the School
Bus attempts to pass or allow other vehicles to pass. The School Bus does not,
however, pass by the premises concerned.
2
Salem Street continues by the premises Southerly to the Middleton line and at the
Middleton line the road widens and is in good condition.
The petitioner, when asked concerning the amount of gravel to be removed, estimated
that some 800,000 cu. yards would be removed over a long period of time, about
five years.
DEOISION: Upon motion duly made and seconded, it was unanimously VOTLDS That
the petition be denied.
The by-law prohibits the removal of gravel in any area of the Town except by a
permit of the Board of Appeals. Having considered all eveidence and argument, the
Board in its discretion believes that the granting of the permit would not be in the
best interests of the Town.
The condition of the roads in the area is such that the travel over them would worsen
an already deplorable condition and would cause additional and considerable expense
for repairs and maintenance.
The Board also finds that the narrow. width of the roadway and the passage of heavy
trucks which will necessarily be engaged in hauvling gravel from the premises would
edd to the dangerous traffic conditions caused by the passing of vehicles on these
roads. The Board has likewise given considtntion to the fact of the possibility
of the School Bus and trucks meeting in the area.
Sincerely,
TOWN OF NORIA ANDOVER
BOARD OF APPEALS
Donald F. Smith, Chairman
Daniel O'Leary
Nicholas Nicetta
Alfred Boeglin, Associate Member
Benedict Perrone, Associate Member