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TOWN OF NORTH ANDOVER o JOHN 1. LYOTtOWN CLERK
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MASSACHUSETTS �o NORTH ANDOVER
BOARD OF APPEALS sobo�° ZO 1,
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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,
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TOWN OF NORTH ANDOVER m
MASSACHUSETTS SEP 241969
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JOHN
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WCLERK
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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
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to AUG 19 i976 V
a JOHN J. LYONS co
,NG TOWN CLERK
f� NuRTH ANDOVER ®�
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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
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�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
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Oversized Maps on file with the Town