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HomeMy WebLinkAboutRALEIGH TAVERN ESTATES I' r i �` � aitr•° Zt. ?' •' �2 13 141 a°• APRfLM :LO N e, y..�18SS CHISo REc�vEO . H ' y �a SEP 241969 N TOWN OF NORTH ANDOVER o JOHN 1. LYOTtOWN CLERK NS ro MASSACHUSETTS �o NORTH ANDOVER BOARD OF APPEALS sobo�° ZO 1, 0 dz�� September 24, 1969 Benjamin C. Osgood Raleigh Tavern Lane N. Bath and Tennis Club John J. Lyons, 'Town Clerk Town Office Building North Andover, Mass. Dear Sir: As advertised in the Eagle-Tribune on August 30 and September 6, 1969, the Board of Appeals comprising Arthur R. Drummond, Chairmans, Daniel T. O'Leary, Secre*ary; Donald J. Scott, J. Philip Arsenault, Esq. and Donald J. Leonard, met in the North Andover Town Building on Monday, September 15, 1969 to consider the application of Benjamin C. Osgood requesting permission under Section 4.8 of the Zoning By—Laws so as to permit the construction of a Bath and Tennis Club on the north side of Raleigh Tavern Lane N. The facilities are to include 2 adult swimming pools, 1 children's pool, 2 tennis courts and a bath house with sun decks comprising about 6 acres. All abutters were duly notified by certified mail. Mr. Osgood explained to the Board that'?the area was Boned rural residence and said project was to service not only residents of Raleigh Tavern Estates but those of North Andover as well and expected about 150 memberships to be sold. He pointed out that a facility of this kind is not detrimental to the area in any way and would give needed relief to the already overcrowded public facilities and that all structures would be well hidden from the road so as not to detract from the residential appearance. Speaking in favor of the petition was George Farr and Sidney Coleman. Abutters speaking in opposition included George Taylor, Michael O'Keefe, Stephen Center, Roger Pelletier and others. Taken under advisement by the Board of Appeals, due deliberation was given to the request, followed by a motion by Daniel T. O'Leary, seconded by Donald J. Scott to DENY the permit. The vete was unanimous. The reasons for denying the petition are that the applicant will suffer no hardship, financial or otherwise; there would be a traffic problem that would arise on the narrow Farnum Street and other streets in the area; and the inconvenience to and the safety of all residents in the neighborhood. Very truly yours, Z4R. ARD.-ad Drummond, � r. Arrtu7m ' 18bb ` 1L 13 14 iS )@ 3•. i $9CHtlgf� TOWN OF NORTH ANDOVER m MASSACHUSETTS SEP 241969 N Q Q JOHN 0 OI. S WCLERK Nru BOARD OF APPEALS 00 N°RTH PADOVER NOTICE OF DECISION so ba£0 ? " %.° b2�ti Date .September.242. . . . . . . . Petition No.. . . . . . . . . . . . . . . . . . . . . . Date of Hearing. .$.eptes}ba,r,15,. 1969. Petition of . . .Benjamin C. Osgood . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected .North side of Raleigh Tavern N; approz,. 600 f t. .frog Faraum.Street Referringto the above petition for a>?e cion the r pe � • requirements of the . . . . . . . . . . . . . . . . . B9- t�. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . .A Bath.and. Tennis.Club . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . :. . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . .DIE. . . . . . the .permissio.0 for the construction of the above work, based upon the following conditions: Signe ... ...... $t .Dru extd, .Gllaixman. . . . . . . . . . . . Daniel T. O1Leary,. .Secr®tary Donald J. Scott . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J, Phit3p,Arp!xw lt, .Feq.. . . . . . . . . . . . . . . . Donald J. ,Scott . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals 1855 TOWN OF NORTH ANDOVER MASSACHUSETTS Od 10 BOARD OF APPEALS 4 RECEIVED 10 AUG 19 '&b Ln o JOHN 1. LYONS a;RAugust 19, 1976 N TOWN CLEK v Raleigh Tavern Lane %gyp NURTH ANDUWER ��� Realty Trust 121 Raleigh Tavern Lane Petition No, 16-'76 Mr. John J. Lyons, Town Clerk Town Office Building North Andover, Ma. Dear Sir: A public hearing was held by the Board of Appeals on August 9 1976 upon application of Raleigh Tavern Lane Realty Trust, (Laima A.' Flynn, Trustee, who requested a variation of Sec. 6.3 and Table 2 of the Zoning By-Law so as to permit a variance from the back lot line requirement as shown on a plan of land located at 121 Raleigh Tavern Lane. The following members were present and voting: Frank Serio, Jr., Chairman; Alfred E. Frizelle, Vice-Chairman; Louis DiFruscio, Clerk; James D. Noble, and Ralph R. Joyce. The hearing was advertised in the Lawrence Eagle-Tribune on July 24 & 319 1976 and all abutters were duly notified by regular mail. Table 2 requires that the rear setback be 30 feet. The rear setback of the dwelling in this case is 13.5 feet. The petitioner purchased the property with the dwelling thereon approximately a year and one-half ago. The dwelling was constructed in 1973 by a builder who,according to the petitioner, is no longer in existence. The problem was uncovered by a plot plan which was recently prepared to enable the petitioner to sell the property. The Board, upon motion by Mr. Joyce and second by Mr. Frizelle, unanimously voted to GRANT the variance. In granting the variance, the Board determined that the provi- sions of Sec. 9.5 of the By-Law had been met. The literal enforcement of this By-Law would create a substantial financial hardship to the petitioner. The alternative would be to require that the house be moved which would create a substantial hardship. The relief granted herein is granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent and purpose of the By-Law. The general make-up of the neighborhood is such that the continued existence of this ,dwelling at the location does not detract from nor create an unfavorable environment. Raleigh Tavern Lane Realty Trust Decision a_ Mr. Richard Beede, 373 Raleigh Tavern Lane, voice questions and comments at the hearing relative to the requested variance. Very truly yours, BOARD OF APPEALS Frank Seriq, Jr., Chairman AEF:gb A, to AUG 19 i976 V a JOHN J. LYONS co ,NG TOWN CLERK f� NuRTH ANDOVER ®� £Z ZZ 4Z 02 a it r. Araa7^ :m i $, 1855 ,:'• 1yACHug� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . August. 19,. .?9.7.6. . . . . . . . . Petition No.. .16-'7A . . . . . . . . . . . . . Date of Hearing. .A .aust .9,. .19.7.6 . Petition of . . . RAL> IGH. TAVERBJ.L= PFALTY. TRUST. (LASM.4 .PLM.l. .TRUSTEE.). . . . . . . . . . . . . . Premises affected . .121 Raleigh Tavern .Lane, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . . North Andover Zoning By71i4w. . Sec.. .6.3.8a .Table.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit a. variance. .from.the. back.lot. -line.requirement• . • _ • . . . • • • • • • . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . G44W. . . . . the VARLWQE__ . . . . . . . . . and hereby authorize the Building Inspector to issue a permit to . Raleigh Tavern Lane .Realty .Trust. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: Signed FRANK. SERIO, _JR,,. CHAIR W. . . . . . . ALFRED.E.. FR1ZMLE.,. .V.ICE-CHAIR W LOUIS DI FRUSCIO, CLERK . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . JAMES D. NOBLE, JR. . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . RALPH R. JOYCE . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals FORM C APPLICATION FOR APPMA�i, ' MINITIVE PLAN June 25 , 1979 To the Planning Board of the Town of North Andover: The undersigned, being the applicant as defined under Chapter 419 Section 81-Lo for approval of a proposed subdivision shown on a plan entitled Definitive Sub„ dyi§jon gf Raleigh Tavern EstatPs�Lhaca=TT by Frank C. Gelinas and Assoc. dated 12/20/78 being land bounded as follows: On the north by ljnd N/F of Farr and Rockwell, On the east by land�N/F of Farr, Own the south by land NIFof Farnum, Graves, and Wilkinson Comm. of Massa and n thew N lner, here submits said plan as a DEFINITIVE plan In accordance with the Rules and c, Regulations of the North Andover PlareAng Board and makes application to the ro Board for approval of said plan. 0 m Title References North Essex Deedes Book 1087f Page 314 ; or Certificate of Title No. , Registration Book, page ; or o Other: N a Said plan has( ) has not(X) evolved from a preliminary plan submitted to the Board of( 19 and approved (with modifications)disapprov ( ) s 19 m M The undersigned hereby applies for the approval of said DEFINITIVE plan x by the Board, and in furtherance thereof hereby agrees to abide by the Board's 3 Rules and Regulations. The undersigned hereby further covenants and agrees o with the Town of North Andover, upon approval of said DEFINITIVE plan by the En Boards H 1. To install utilities in accordance with the rules and regulations of the Planning Board, the Public Works Department, the Highway Surveyors the Board of Health, and all general as well as zoning bye-laws of said Toon, � as are applicable to the installation of ,,utilities within the limits of a ways and streets; �0 N. 2. To complete and construct the streets or wags and other improvenente shown n thereon in accordance with Sections Iv and V of the Rules and Regulations N of the Planning Board and the approved DEFINITIVE plan, profiles and cross sections of the news. Said plan, profiles, cross sections and construction specifications are specifically, by reference, incorporated herein and made a part of this application. This application and the covenants and agree- ments herein shall be binding upon all heirs, executors' a administrators, successors, grantees of the whole or part of said land, and assigns of the undersigned; and 3. To complete the, saaid Insta0lations and construction within two (2) years from of. r Received by CleaA A� Dates = N i'Sip t of App c t .S Time: " -We-stward Circle Signature: " North Readina� , Mass. 01864 Address 9� �Mzozeti ®� �� • FORM D - . . DESIGNERS CERTIF-TWI Q e t19 79 To The Planning Board of the Towq of North Andover: Defini'tiv.e Subdivison of Raleigh - In preparing the plan entitled Tavern Estates' Phase _1I I hereby certify that the above named plan and accompanying data is true and correct to the accuracy required by the current Rules and Regulations Governing the Subdivision of Land in North Andover,' Massachusotte, and• ay source of Information about the location of boundaries shown on said . plan were one or more of the following; l . ' Deed from to dated 1967 and recorded in the Registry in Book 1087 . page,L,,,• . 2. Other plans, as follows N.E.R.D. #5913 . #914. and �aKR 3. Oral information furnishod by 4. Actual measurement on the ground from a starting - point established by existing monumpni-Aij nn shnl.,n above j mentioned plans 5. Other sources Signed (Registered Professional Engineer (Se ° eer or Registered Land Surveyor) r,* - GELINAS y No. 22738 Ad d Te s e 4 dA� SSU JAL 6H 0 FRANK C: GELINAS REGISTERED PROFESSIONAL ENGINEER REGISTERED LAND SURVEYOR NORTH ANDOVER OFFICE PARK 441 ANDOVER STREET NORTH ANDOVER. MASS. 01845 TELEPHONE 887.14.8 June 28 , 1979 Mr. Joseph J. Barbagallo 1 Westward Circle North Reading, Mass. 01864 Reference: Raleigh Tavern Estates Phase II North Andover, Massachusetts Dear Mr. Barbagallo, In compliance with your request, I have summarized the results of soil tests and test pit observations on a parcel of land in North Andover , known as Raleigh Tavern Estates Phase II. The results of the percolation tests indicate that the drainage properties of the majority of areas tested would be in accord with Title 5 and suitable for the subsurface disposal of sewerage. This is a preliminary study and a more detail study of each individual lot, including percolation tests and test pits must be done prior to the design of any subsurface disposal field. Yours ll truly, Frank C. Gelinas Registered Professional Engineer /klf • ENVIRONMENTAL ENGINEERING • STRUCTURAL ENGINEERING • CIVIL ENGINEERING • PROPERTY AND TOPOGRAPHICAL SURVEYING p FRANK C. GELINAS L REGISTERED PROFESSIONAL ENGINEER 4 REGISTERED LAND SURVEYOR NORTH ANDOVER OFFICE PARR 461 ANDOVER STREET NORTH ANDOVER, MASS. W646 TELEPHONE 607.1403 June 28 , 1979 Mr. Joseph J. Barbagallo 1 Westward Circle North Reading, Mass. 01864 Reference: Percolation Tests , Raleigh Tavern Estates Phase II North Andover, Massachusetts Dear Mr. Barbagallo, In compliance with your request, I have conducted percolation tests and test pits on a parcel of land known as Raleigh Tavern Estates Phase II located in North Andover. The results of my findings are summarized below. Thses tests were conducted on May 24, 1978 and May 26, 1978. Percolation .Test #1 Test Pit #1 Depth 40" 24 t1 top and subsoil Sat. time 15 min. . 96" bony till 12" - 9" 19 min. water a@ 8411 9" - 611 25 min. Test Pit #2 Percolation Test #2 24" top and subsoil Depth 3811 8411 bony till Sat . time 15 min. no water 12/1 - 911 21 min. 911 - 6t1 26 min. Test Pit #3 36" top and subsoil Percolation Test #3 6011 bony till Depth 38" refusal Sat. time 15 min. no water 1211 - 911 15 min. 911 - 6t1 18 min. Test Pit #4 2411 top and subsoil Percolation Test #4 6011 bony till Depth 40" high ledge 84" Sat. time 15 min. low ledge 100" 12" - 9" 10 min. no water 9" - 611 14 min. • ENVIRONMENTAL ENGINEERING • STRUCTURAL ENGINEERING • CIVIL ENGINEERING • PROPERTY AND TOPOGRAPHICAL SURVEYING PERCOLATION TESTS RALEIGH TAVERN ESTATES PHASE II NORTH ANDOVER MASSACHUSETTS Percolation Test #5 Test Pit #5 Depth 40" 18" top and subsoil Sat. time 15 min. 78" bony gravel 12" - 9" 10 min. no water 9" - 6" 12 min. Test Pit #6 18" top and subsoil 90" bony gravel water @ 94" Test Pit #7 24" top and subsoil 84" bony till water @ 90" Test Pit #8 18" top and subsoil 66" bony gravel ledge @ 84" water @ 72" Test Pit #9 18" top and subsoil 54" bony till ledge @ 72" no water FORM E LIST OF AHUTPh'BS 40 June 25 , 1972 To The Planning Board of the Town of North Andover: The undersigned, being an applicant for approval of a definitive plan of a proposed subdivision entitled Definitive Subdivision QJ Ea-laigh Tayprn Sstatgs Phase II submits the following sketch of the land in the subdivision listing the saws of the adjoining owners in their relative positions and indicating the address of each abutter on the sketch or in a separate list, including owners of land separated from the subdivision only by a street. C.k L10— of ApplicaM Address 1 Westward Circle North Reading, Mass. 01864 Massachusetts ,y LIST OF ABUTTERS RALEIGH TAVERN ESTATES PHASE II Eugene S. and Lucy A. Hiller 7 Carlton Lane North Andover, Mass. 01845 Sl Forbes Rockwell Jr. 370 Summer Street North Andover, Mass. 01845 George H. and Wanda H. Farr 1289 Salem Street North Andover, Mass. 01845 Comm. of Massachusetts Dept. of Natural Resources State House Boston, Mass. 02202 Benni A. and John C. Farnum 426 Farnum Street North Andover, Mass. 01845 Farnum, Graves, and Wilkinson 426 Farnum Street North Andover, Mass. 01845 Rudolph C. and Anna C. Ricci 300 Raleigh Tavern Lane North Andover, Mass. 01845 Old Yankee Homes , Inc. 26 Tolland Road North Andover, Mass. 01845 Frank C. and Marilyn D. Gelinas 173 Raleigh Tavern Lane North Andover, Mass. 01845 a r�l 4 u r �k 4 , � Q�5CtG W6l,L. �1 �Eus ° (y 5CII I% .x i r , . z Oversized Maps on file with the Town