Loading...
HomeMy WebLinkAboutREA, GILBERT Ree•�ived by Town Clerk: TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF. APPEALS " TION FOR .RELIEF FROM THERE APPLICATION 4UIREMENTS OF THE ZONING ORDINANCE Applicant G3lhAr _ Q� .Rpm _ , ,Address 44 Rea Street, No. Andover Ma.: 1. Application is hereby madet a ) For a variance from the requirements 'of Section Paragraph and Table of the Zoning By Laws . b) For a Special Permit under Section 5 Paragrapher of the Zoning By Laws . Paragraph_— of As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a ) Premises affected are .land and buildings) numbered Street . — b) Premises affected are property with frontage on the North ( ) South ( ) east ( ) West W side of Rea street Street , and known as No. _ 44 Rea �� Street . and east side of Chestnut street c) Pxemises affected are in , Zoning District and the premises affected have an area of _ square fe -t^and frontage of.- feet . 3. ownership a ) Name and address of owner ( if joint ownership, give all names ) : Date of Purchase Previous Owner b) If applicant is not owner, check his/her interest in the premises: Prospective Purchaser Lesee Other (explain) 94 Size of proposed building:`____ front ,feet deep; " Height stories; _feet. a ) Approximate date of erection:------- b) rection; ___—b) Occupancy or use of each floor : c.) Type of construction: 5 . Size of existing building: feet front ;_ feet deep; Height -stories ;�_rfeet . a ) Approximate date of erection: b4 Occupancy or use of each floor :-------- IC ) loor : _ __--IC ) Type of construction: __�_� III (?, titan there been a previous a peal ,�under zoning, on these premises? . yes _ If so, when?__ M W 1986 a 7,' Despription of relief sought on this petition 8. Deed recorded in the Registry of Deeds in Book '...'.' Page Land Court Certificate No.'--Book Page , The principal points upon which I base ,my application are as follows: (must be stated in detail ):' This is an application for renewal for a permit originally rantedi I Au ust of 1 which as been renewed an use continuous y since t at ate, I agree to pay the filing fee, advertising in newspaper , and incidental expenses* -- Signature of Pe it.iager s ,• f i Every application for action by the Board shall be 'made on a form approved by the Hoard . 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. Alt information called for by the, form shall ' " be furnished by the applicant in the manner ' 4herein.`:prescribed . t `Every application shall be submitted with a list of'•"Parties In Interest which list shall include .the petitioner, ,abutters., owners of land directly opposite on any public , or private street or way, and abutters to -theme abutters ,within ' three hundred feet (300 ' ) of the property line of the. petitfoner as they appear , on 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� 'revery abutting city or town. . f '� s y *Every application shall be submitted with an application charge Cost in the amount of $25 . OQ. In addition, the petitioner shall be responsible ;. � for any and all costs involved in bringing the petition before the, Board. .:-..* . Such, costs shall include mailing and publication, :but are not necessarily,• ` r7'�,) limited to these . •. . Every application shalt be submLtted with a plan of land approved by the ' Board . No petition will be brought before the Board unless said plan has . ` been submitted . Copies of theiBoard' s requirements regarding plans are attached hereto or are available from the Board of Appeals upon request.' , f- LIST OF PARTIES IN INTEREST All Name Address Douglas & Ruth Wilson '18 Lisa Lane No. Andover John E. Carter ..300 Chestnut St. No. Andover Raymond B. Alger 300 Chestnut St. No. Andover 41 J. J. Barry & Beverly O'Hagan .455 Chestnut St. No. Andover William Miller 435 Chestnut St. No. Andover John T. & Diane P. Gardner .425 Chestnut St. No. Andover ` Maekabby Realty Trust c/o FlynnAl Second' st. No. Andover General STore Trust 1 Westwood Circle, No. Reading David R. & Kathryn Gavin 400 'Che4tnut -STreet, No. Andover James and Beverly Kelly 445 Chestnut St, X10. Andpver ' Thomas & Margaret Bently 415 Chestnut ST. No. Andover Clark Contracting Inc. 415- Chestnut St. No. Andover • •u v:y (use additional sheets if •'necessary) • ' ; F • ,51fi, �a R� ♦. .(\'Q 9 Ary. \\A L �� A �r13 ( U2%`ire OZ TOWN OF NORTH ANDOVER �r`eK�,• �/ MASSACHUSETTS G BOARD OF APPEALS Petition #85-86 Petition of: Gilbert Rea * DECISION 44 Rea Street The Board of Appeals held a public hearing on June 9, 1987 on the application of Gilbert Rea who requested the renewal of his Earth Removal Permit under Section 5 of the Zoning ByLaw. The land on which the site is located is the west side of Rea Street and the east side of Chestnut Street. The following members were present and voting: Frank Serio, Jr. , Chairman, Alfred Frizelle, Vice-chairman, Augustine Nickerson, Clerk, Walter Soule and Raymond Vivenzio. The hearing was advertised in the North Andover Citizen on April 30 and May 7 1987 and all abutters were notified by regular mail. Mr. Rea requested that the Board issue a renewal of his permit which was originally granted on August 30, 1963. Upon a motion made by Mr. Frizelle and seconded by Mr. Soule, th Board VOTED to GRANT the Special Permit under Section 5 of the Zoning ByLaw for one year with the same conditions as the present permit. Dated this 15th day of June, 1987. Sincerely, BOARD OF APPEALS Frank Serio, Jr. Chairman /awt •2 N Q r ti f i �... Anis T+ be ��ciiu g R ra\\ s a �� 39 appea` aa�5 tir\5\ �o��. TOWN OF NORTH ANDOVER Ck Z. MAMACHUMM 0k\� ., ``ec. d ire 60AlD OF APPEALS NOTICE OF DECISION Gilbert Rea Date . . . . .Jule. . 44 Rea Street North Andover, MA 01845 Petition No.. . .$5rM . . . . . . . . . . . . . Date of Hearing. .June .4, .198.7. . . . Petition of . . . . . . . Gzibert. Rea . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . I . . . . . . . Premises affected . . . . . . . .Wast .side. ,af. .Rea. S.treet.and .east. side .of.Chestnut.St... . . . . Referring to the above petition for a wistion from the requirements of the . . . . . . . . . . . . . . . . . Special Permit .Renewal of,Earth .Removal .Permit. .under. Section. 5. o£ .the• Zoning.ByLaws . . . . . . . . . so as to permit . . .removal. of. .earth. .from•the. above. size. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . ... . . . . . . .. . . After a public hearing given on the above date, the Board of Appeals voted to . GRm.T T . • the . ; .Special Permit — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signed erio,. .lr. ,. Chairman. . . . . . . . . . . . . .Alfred,Frizelle, .Viae.-chairman . . . . . . . .Augustine. Nickerson.. .Clerk. . . . . . . . . .Walter-Soule. . . . . . . . . . . . . . . . . . . I Raymond•Viuenzio. . . . . . . . . . . . . . Board of Appeals 4� r� OL TOWN OF NORTH ANDOVER a '3 ♦' " cw MASSACHUSETTS L I LYOUS ftERKa� BOARD OF APPEALS May 10, 1977 Gilbert Rea 44 Rea St. Petition No. 5-'77 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 Monday evening, May 9, 1977 upon application of Gilbert Rea who requested the renewal of his Earth Removal Permit under Section 5 of the Zoning By-Law. The land on which the Earth Removal Site is located is at the north side of Rea Street and east side of Chestnut Street. The following members were present and voting: Alfred E. Frizelle, Vice-Chairman; Louis DiFruscio, Clerk; James D. Noble, Jr.; Ralph R. Joyce; and Assoc. Member, Sandra Munroe. The hearing was advertised in the Lawrence Eagle-Tribune on April 23 and 30, 1977 and all abutters were duly notified by regular mail. The petitioner has filed under Sec. 5 of the North Andover Zoning By-Law and requests the Board to review his earth removal operation in the area of Rea and Chestnut Sts. Further, he requests the reissuance of his present Earth Removal Permit originally granted August 30, 19521. Mr. Rea, represented himself before the Board and stated that he essentially is still working the same location as last year. The Board has a statement on file as to his ultimate use of the land. The Board unanimously voted to GRANT the permit continuance upon motion of Mr. Joyce and second by Mr. Noble. Very truly yours, BOARD OF APPE:ILS Alfred E. Frizelle, Vice-Chairman gb e TOWN OF NORTH ANDOVER MASSACHUSETTS fie llln,LtiL�`"' �r BOARD OF APPEALS May 21, 1976 0 Gilbert Rea oz 44 Rea Street Petition No. 6—f76 Mr.: Jphn J. Lyons, Town Clerk Town Office Building North:Andover, Ma. Dear Mr Lyons: A public hearing was held by the Board of Appeals on April 12, 1976 upon application of Gilbert Rea who requested the renewal of his Earth Removal Permit under Section 5 of the Zoning By-Law. The land on which the Earth Removal Site is located is at the north side of Rea Street and 'east side of Chestnut Street. The following members were present and voting. Frank Serio, Jr., Chairman; Louis DiFruscio, Clerk; James, D. Noble, Jr.; and Assoc. Members, Walter Jamitkowski and Ralph R. -Joyce. The hearing was advertised in the Lawrence Eagle-Tribune on March 27, & April 3, 1976 and all abutters were duly notified by regular mail. The petitioner has filed under Section 5 of the North Andover Zoning By-Law and requested the Board to review his earth removal operation in the area of Rea and Chestnut Streets, North Andover. He further requests the reissuance of his present Earth Removal Permit originally granted August 30, 1963. Atty. Harold Morley, for the petitioner, presented several copies of topographical plan outlining the area in five portions showing areas previously worked and restored, the active area and the areas of future operation. The plans were distributed to several town boards and no objections to the plan was entered. Several members of the tpoards spoke in favor of the petitioner, both in their official capacity as a board member and personally. Atty. Morley further requested a reduction in the bond from $20,000 to $10,000. The petitioner was asked to furnish a copy of his plans regarding the ultimate proposed use of the area and the hearing was continued for that purpose. r Gilbert Rea —2— At the May 10, 1976 meeting the Board received a plan to restore the area to its natural state, to wit, hayfield in the lower elevation and woodlands on the higher. The Board decided, due to the exemplary nature of the petitioner's operations, and to the weighted opinions in favor of the petitioner's operation to reissue his permit for Earth Removal. The permit is for the continuance of work in Area #3 as shown on the submitted plans. Further, the Board voted to permit the petitioner to reduce his bond from $20,000 to $10,000. The motion was made by Mr. DiFruscio, seconded by Mr. Noble and voted unanimously by the Board. Very truly yours, BOARD OF APPEALS Frank Serio, Jr. , Chairman RRJtgb \\LL � Y✓NnnrH ,r3' �pPPGtq?'�p •r D�,�] A F4 AvRII JI+ + +L�!• ISS$ • � y} SSACHIl.4•f' �w TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . .Y-�Ly 1► .1978. . . . . . . . . . . . Petition No.. . . .b-t76. . . . . . . . . . . . . Date of Hearing. . .Apri1. ,12, .1974. Petition of . . . . . .CILBERT REA Premises affected . .Rea &.Chestnut .Streets. . . . . . Referring to the above petition fora . . . . . . . . . . . . . . . . . Renewal of Earth Removal Permit under Section 5 of the North Andover Zoning B� Io so as to pernut an Earth Removal Operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . . MM. . . the Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Signed FrankSerio, Jr., Chairman. . . __ . . . . . . . .Louis DiFruseio.r. Clerk.. . . . . . . . . James. D.. Noble,. Jr.. . . . . . . . . . . . . . . . . . .Walter. Jamitkowski.,, Assoc,. Member Ralph R. Joyce, Assoc. Member . . . . . . . . . . . . . . . . . . . . Board of Appeals 7 REAny appeal shall be filed �d'dE17 �¢.N°R•'•y.;L! within (20) days after the D WL i l`' 38 date of filing of this Notice NOF; , t DOVER iaas in the Office of the Town s•. f +ciiu9 Clerk. ! MhY 23 1216 FM '83 TOWN OF NORTH ANDOVER II r�► MASSACHUSETTS 190ARD OF APPEALS NOTICE OF DECISION Date . . . . . ,May. 13, 1983. . . Petitaon Na. 2 4-.'.8.3. . .. . . . ... . . . . Date of Hearing.Mc!Y. Petition of . . . .GILBERT REA PhemisesafFected . .West side of Rea Street and East side of Chestnut St. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a xRiille .Special Permit under Section 5 of the Zoning By Law the renewal of an Earth Removal Permit granted by the soas to permit . . . . . . . . . . . . . . . . . . . . ., . ., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .,. Board on. . . . . . . August 30 , 1963 . . . I . . . . . I . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . GRANT . ; the renewa,Z . of. the. ,permit . . . , . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signed Frank Serio Jr. Chairman Alfred--B. Frizelle, Esq. , Vice. Chairman Richard J. Trepanier,. Esq. , Clerk Augustine. W: . Nickerson Raymond .A:.,.Vivenzio, , Esq.. .. . . . Board of. . . ppeals r E "l iwD Any appeal shall be filed D hi'f ; � M°RTM, within (20) days after the o ..•e a date of filing of this Notice s NQt r TIER p In the Office of the Town MAY 23 12 16 PM `8'3 Clerk. TOWN OF NORTH ANDOVER i MASSACHUSETTS BOARD OF APPEALS May 16 , 1983 Mr. Daniel Long, Town Clerk Mr. Gilbert Rea Town Office Building 44 Rea Street North Andover, Mass. Petition No. 24-183 Dear Mr. Long: The Board of Appeals held a public hearing on May 9 , 1983 upon the application of Gilbert Rea who requested the renewal of his Earth Removal Permit under Section 5 of the Zoning By Law. The land on which the site is located is at the West side of Rea Street and the East side of Chestnut Street. The following members werepresent and voting Frank Serio, Jr. , Chairman; Alfred E. Frizelle, Esq. , Vice Chairman; Richard J. Trepanier, Esq. , Clerk; Augustine W. Nickerson; and Raymond A. Vivenzio. The hearing was advertised in the North Andover Citizen on April 14 and 21, 19.83 and all abutters were notified by regular mail. The petitioner requested that the Board issue a renewal of his present permit which was originally granted on August 30 , 1963. Upon a motion made by Mr. Frizelle and seconded by Mr. Trepanier, the Board voted unanimously to grant the renewal permit for one year. Sincerely, r BOARD OF APPEALS Frank Serio, Jr. , Chairman J i i i PhAKhfG�G BOAGG TOWN OF NORTH ANDOVER MASSACHUSETTS O William Chepulis,Jr., Chairman .3? P�° TpB. WHO Robert J.Burke, Vice Chairman N:�APRIL 3 1�0 c0 ; JOHN N a .. q� ......� ' ,�. LYONS ti George B. Fawley `A81H@ CLERK Charles W. Trombly, Jr., Esq. NRM ANDOVER Donald N. Keirstead, Sec. March 21, 1970 Po au �fl dZ John J. Lyons, Town Clerk Town Office Building North Andover, Mass. Dear Sir: The following petition was heard at a meeting of the Planning Board on Monday evening, February 23, 1970 at 7:30 P.M. at the Town Office Building. Members present and voting were: William Chepulis, Jr., Chairman; Robert J. Burke, Vice Chairman; Donald N. Keirstead, Secretary; George B. Farley and Charles W. Trombly, Jr., Esq. GEORGE A. REA petitioned to amend the North Andover Zoning By—Law and Zoning Map by changing from Rural Residential to General Business a parcel of land on Turnpike Street owned by George Rea, 1200 feet frontage by 200 feet, directly oppositelMcLayis Garden Center. Mr. George Rea spoke on his own behalf and Stewart P. Wilson also spoke saying Cineman-.1 and 2 (and possibly 3) would be constructed there. There was no opposition. The Planning Board met again on Friday evening, February 27, 1970 with the same members present. Mr. Burke made a motion U recommend favorable action. Mr. Keirstead seconded the motion. Mr. Burke, ',Mr. Trombly and Mr. Farley voted yes and Mr. Keirstead and Mr. Chepulis voted no. The vote was 3-2- for favorable action. The follow— ing reasons are given: 1. This area is unsuitable for residential development. 2. The proposed use would be a good business use for this area. Very truly yours, PLANNING BOARD William Chepulis, rjC4rjmna-n AD MUM HUI TOWN OF NORTH ANDOVER MASSACHUSETTS �.en.•• March 15, 1971 Johm J. Lyons, Town Clerk Towh Office Building North Andover, Mass. Dear Sir: Theifollowing petition was 'heard at a meeting of the Planning Board on Monday evening, March 1, 1971 at 7:30 P.M. in the Fire Station meeting room. Members present and voting were: William Chepulis, Jr., Chairman; Charles W. Trombly, Jr.y Vice Chairman; John J. Monteiro, Secretary; Donald N. Keirstead and Robert J. Burke. GILBERT REA petitioned to amend the North Andover Zoning By-Law by changing from Rural Residential to General Business approximately 40 acres of land bounded by Rte. 114 and Chestnut Street and directly across the street from the McLay Garden Center. Atty. Harold Morley, Jr. represented the petitioners and Albert Heemstra, a rep- resentative of Lanning Corp., Grand Rapids, Michigan, the proposed developer of a "X-Mart" shopping center spoke in favor of the re-zoning. The site of the shopping center would require approximately 15 acres and the complex would cost over one million dollars. The complex would comprise a department store, a food store and several small stores. The petitioners said they would explore the possibility of entering into any agreement the town wished in order to restrict the area as they represent that it will be developed. Several people spoke in opposition relative to traffic problems, entrances and exits, wet areas, sewerage facilities, drainage and restricting the use of the land as represented. The Board took the matter under advisement. A special meeting was held on Saturday afternoon, March 13, 1971 at 12:30 P.M. at the North Andover High School with the same members present. At that time, the Board was informed by the petitioners that on Friday, March 12th, they had re- corded a covenant running with the parcels of land, comprising 1$.37 acres, stating that if the area is re-zoned they will abide with the promises made at the hearing and as stated. Mr. Monteiro made a motion to recommend FAVORABLE action, to consider the proposal on its merits, without a covenant and amend the area so as to limit it to 18.37 aches. Mr. Chepulis seconded the motion and the vote was unanimous. The reasons are as follows: Gilbert Rea -2- March 15, 1971 1. This is a proper land use for the area and would be compatible with surrounding land use. This is not a residential area. 2. This will be in keeping with the guidelines for proper planning for the town. 3. This would help stabilize the tax base by adding tax revenue to the town. Very truly yours, PLANNING BOARD Charles W. Trombly, Jr., Chairman AD y �¢s of 0� • The Trustees of Reservations A Museum of the ' Massachusetts Landscape - 224 Adams Street Milton,Massachusetts January 4, 1982 02186 Telephone 617-696-2066 North Andover Board of Appeals Town Building Main Street North Andover, Massachusetts Gentlemen The Trustees of Reservationst a non-profit conservation organization in Massachusetts, maintains 6? properties totalling over 15,000 acres for public use and enjoyment, Since 10919 it has been the Trustees goal to preserve the- aesthetic, cultural, and historical settings of these properties . The Charles W.Ward Reservations donated in 1941 by Mrs. Mabel B. Ward, contains unique geological features Including Holt Hill, the highest point in Essex County, a glacial kettle hole bog# a natural swamps and diverse tree and shrub species. The public is free to use the Ward Reservation's 640 acres for hiking# nature walks, and cross country skiing. The view on the Reservation from Boston Hill is one of . the best in the region. In one span it encompasses over 180 degrees of skyline overlooking Danvers, Topefield, Boxford. and much of North Andover. This view is unfortun ately interrupted by the cement tower used formerly by MITRE for government research, it is our understanding that the building is no longer used for this ,purpose and will be demolished if no suitable tenant is found. The Trustees of Reservations is in favor of any decision reached by the Board of Appeals whereby this tower would be removed. The tower disturbs the visual impact for visitors to the 'Ward Reservation as well as that for visitors to North Andover. We hope that the hoard of Appeals will consider the ramifications of this special permit to all parties concerned . Sincerely\\, t Wayne N. Mitton Regional Supervisor cat Stephen McMahon The Trustees of Reservations Superintendent . 224 Adams street Stevens-Coolidge Place Milton, Massachusetts 02186 Any appeal shell ! within (20) &A AIR date of filing Of thi% R@ Edi "°""'" : in the Office of • 1855 �. • � Clerk. TO" NORTH ANDOV 0 3� �M �$� A+fA83ACHUSET'1'S i SOARD OF APPEALS NOTICE 4P OECISIIO 23 , 1984 . , . . . . May Date . . . . . . . . . petition No.. . . . . • . . 1984 Date of Hearing ,,Jay 2.1! . . . . . . . . . . . . . . . . . . . . . . . . stmt Street REA . . . . . . . . . . . . . . . . . og Che. . . . . . . . . . GI BERT. and East. side. petition of . . . . . . . . . . . • of Rea street. . . . . . . . . . SpeciAl. P.ermit West side . . . . ;. . . prem erected . . . . . . . . . . . . . Petition fora . . . . Referring to the above Pe . . . . . . . . . $ .Law . . . . . . . . the f the. �onl.ng y. . ranted .by. . Earth. Rema'Val •pe.rmit �} under .Sectio n. 5. .o. . . t the. . renewal.. of . an. � . . . . . . . . so asp to Permit 146.3. . . . . . . . . . . . . . . . . . . . . -Grant' ' � Au. ust .30., . . voted to Board o ' a above date$the Board of APPS on the After a public hearing given . . renewa . . . . . . . I of . the. Permit. . . . . . . . . . . . . . Signed Chaixman . . . . . . . . Frank Tre anier, Esq_•. ! . . . . . Richrd . aj'. . . . . . Gaillia?n_ J . Sulhvan . . . . . . . . . . . . . . i.7aurce. .S Foulds . . . . . . . . . . . . . . Raym°nd 1�., gird of APPe Esq• . . . . . . als i 7! ReC d by Town Clerk: REC:07 1 DAN1-: 1 :PIG WORT! A: "OVER RPR 10 1 e5 FM '86 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS 4UI NTS OF THE ZONING ORDINANCE Applicant Gilb_r 0.. ' Address 44 Rea Street, 14o; Andover L,as 1. Application is hereby made: a) For a variance from the requirements of Section Paragraph and Table of the Zoning By Laws . b) For a Special Permit under Section 5 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 and buildings ) numbered Street . b) Premises affected are property with frontage on the North ( ) South ( ) East ( ) West ( %) side of , Rea Street Street , and known as No. LL Rea Street . C) Premises affected are din Zonin oDishtrict Street Zoning -District and the premises affected have an area of square feet and frontage of feet . 3. Ownership a) Name and address of owner ( if joint ownership, give all names ) : Date of Purchase Previous Owner b) If applicant is not owner, check his/her interest in the premises __Prospective Purchaser _Lesee Other (explain) a' Size of proposed building: front; feet deep; " Height stories; ffeeF , - a) Approximate date of erection: b) Occupancy or use of each floor : c ) Type of construction: 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 of construction: 6, Has there been a previous appeal , under zoning, on these premises? YOS If so, when?-LT3y L 5 7. Description of relief sought on this. petition 8. Deed recorded in the Registry of Deeds in Book Page Land Court Certificate No. -Book_—,-Page The. principal points upon which I base my application are as follows: (must be stated in detail ) `— This-is an aolieati on for renfga- l of a permit_gfinally granted in august 1 63 hi rh $a� haPn ria ro �n �� en-t.innn &;,` I agree to pay the filing fee, advertising in newspaper, and incidental expenses* —Signature of-petitioner(sj— Every application 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 ofintention to seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties In Interest" which list shall include the petitioner, abutters , owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet (300 ' ) of the property line of the petitioner as they appear on 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 an application charge cost in the amount. of $25. 00. In addition, the petitioner shall be responsible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and publication, but are not necessarily limited to these. Every application shall be submitted with a plan of land approved by the Board. No petition will be brought before the Board unless said plan has been submitted. Copies of the Board' s requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. LIST OF PARTIES IN INTEREST Name Address Douclas Zc Ruth 17rilson 13 Lisa Lane 2< ortii lsndover John Carter 300 Ch.estnut�Street, Eorth :Lndover i and 3 il?er 300 C?- estnut Street, ;wrtii Andover J Barrr ?c Baverl,v 0'H Agan Chestnut Straet, idortn . ndover • iFilil am hiller $35 Chestnut Street, North Andover John T. Gardner t-, Diane R. Gardner �25 Chestnut .Street, North Andover "askahb.T R`salit;, Trust C/o Flynn 41 Second Street, North .Andover Genera], )toyre Trust, 1 re tyro d i le, I o th Reid'n David R, thr•rn Gavin 40� �hes�Cnu� ��Cre t, 'Orin nndoNer (use additional sheets if necessary) } r. • i AVWL71! " 15 5 4.• TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS May 11, 1978 Gilbert Rea 44 Rea St. 5—'78 Mr. Daniel Long, Town Clerk Town Office Building North Andover, Ma. Dear Mr. Long:' A public hearing was held by the Board of Appeals on Monday evening, May 8, 1978 upon application of Gilbert Rea who requested the renewal of his Earth Removal Permit under Section 5 of the Zoning By-Law. The land on which the Earth Removal Site is located is at the north side of Rea Street and east side of Chestnut Street. The following members were present and voting: Frank Serio, Jr. , Chairman; Alfred E. Frizelle, Vice-Chairman; R. Louis DiFruscio, Clerk; James D. Noble, Jr. ; and Assoc. Member, Richard J. Trepanier. The hearing was advertised in the Lawrence Eagle-Tribune on April 22 & 29, 1978 and all abutters were duly notified by regular mail. Mr. Rea requested the Board to issue a renewal of his present permit which was origi- nally issued an August 30, 1963. Upon motion of Mr. Frizelle and second by Mr. Noble the Board unanimously voted to GRANT the continuance of the permit based on the same conditions as the present permit. Further, that the bond in the amount of 510,000.00 presently in effect be renewed or a substitute be given to the Board prior to July 15, 1978• Very truly yours, � A.y 13 14 �S BOARD OF APPEALS RECEIVED MAY3 1 1978 C -�o Frank Serio, Jr. , LN o ChairmanA1111Q :' gb 6 zo o ti 4 �.''ORty9 r Avwl7n+ orb ► ;�•. 1$SS�� 9 • �CHU' TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS June 12, 1975 John J. Lyons, Town Clerk Town Building North Andover, Massachusetts RE: Gilbert Rea, Earth Removal Permit Dear Sir: Please accept this as an amendment to a previous letter of today's date which specifies that the earth removal permit and bond will expire at the same time. The correct statement should be that the bond will expire one year from July 14, 1975• Very truly yours, BOARD OF APPEALS Frank Serio, Jr., Cha rman GAB 4OHPy�� t I: AP0101"?• �:� :y.� 1555 ,Pj A �.. ...• acxu�'t'` TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS June 12, 1975 John J. Lyons, Torn Clerk Town Building North Andover, Massachusetts Dear Sir: At its meeting of May 12, 1975, the Boardof Appeals unanimously voted, upon motion of Dr. Eugene A. Beliveau and second by Louis DiFruscio, to extend the earth removal permit of Gilbert Rea, 44 Rea Street, for one year from the afore— mentioned date. The bond which expires on July 14, 1975 shall be brought up to date to ooincide with the expiration of the earth removal permit. Very truly yours, BOARD OF APPEALS <�4Attd, v Frank Serio, Jr., Chairman GAB cc: Building Inspector I' II w NORTH 13 14 rO o, TOWN OF NORTH ANDOVER �oL MASSACHUSETTS Sa�� £p e0 b� tl2 BOARD OF APPEALS June 19 , 1981 Gilbert Rea 44 Rea Street Petition No . 9 - '81 Daniel Long , Town Clerk Town ' Office Building North Andover , Mass . 01845 Dear Mr . Long : The Board of Appeals held a public hearing on June 8 , 1981 upon the application of ;Gilbert Rea who requested the renewal of his Earth Removal Permit under Section 5 of the Zoning By- Law . The land on which the site is located is at the West side of Rea Street and the East side of Chestnut Street . The following members we'Ire present and voting : Frank Serio , Jr. , Chairman ; Alfred E',. Frizelle , Esq . , Vice Chairman ; Augustine W. Nickerson ; ' Maurice S . Foulds ; and Raymond A . Vivenzio , Esq . The hearing was advertised in the North Andover Citizen on April 23 and 30 , 1981 aria all abutters were notified by regular mail Mr . Rea requested that the Board issue a renewal of his present permit which was originally granted on August 30 , 1963 . Upon a motion made by Mr. Frizelle and seconded by Mr. Vivenzio , the Board voted unanimously to grant the renewal permit with the conditions that the contlinuance be based on the same conditions as the present permit , land Mr . Rea is to comply with the Police Chief ' s request of hauling via public ways . Sincerely , BOARD OF APPEALS Frank Serio , Jr . , Chairman AEF/jw --aa pORtp� 4 d „ i '�i7wO.wne 384CMU+� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS ' RFcEIVF3 MAY 27 1980 90 Fn Gilbert Ron_ 1 . ^_d Rea St. Petition X11—'f30 :ni.•,l Lonsr, Toi:~. Mrrr: rffi ._.. ._'1�. _ of �. �f ndcvc` r' lie h� ri held by the aoard of Appeal-: on 11-4ay 1..^7 1980 upon application i'.bert ^c `:; e ested the renewal of his north Removal Permit under Section c or' the 3on.in ; —t:a�r, The Lane. on which the site is located is it the north id of Rea 7+1_r.F't -,I east side of Chestnut St. The following members :•rere present u' votin 7_,­.-I:-Lk "ario, Jr. , Chairman; Alfred. E. Frizolle, Esq. , Vice—Chairman; J. �,,sq. ; Williarr J. Sullivan; and Assoc. Member, Augustine W. �ir:kerson. re :earizxe :c :< a >rtised in the :d. .y. Citizen on <'ipril 24 & t"ay 1, i930 and all aab'`,t�rs were c"'"._,: notified by re6ular mail. Eoard issue a renewal of his present permit which was origin— ? ' rxW-rtec'. 30, 1;13 T ,00,. Motion 'Ii -�.,nier and second by Frizelle, the 21oard voted unanimously to the x r :r _ -rmit with the condition t'-at the continuance be based on the :ons.it���_r `.•he present Permit. i;r. Rea is to try to con.ply with the Police r::l 'r•" (?'il ;:i, r T !:,Iulin via public wad-_. "vie,/C :_'_ Serio, r. , aixrnan ` e • oF.NoR�y , 1 12 7 4 �3?.`�ccarator p 1 3 7 'E: Armu7rr P 06 ► 0 � Q "s; ceu5,, o AUG aQ a *rwR s j0y yj. IV1963 m TOWN OF NORTH ANDOVER do oft � MASSACHUSETTS F aOVER �ti ZZ BOARD OF APPEALS 20 t0 4Z C Angust 30, 1963 John J. Lyons, Town Clark Town Building North Andover, Mass. Dear Sir: The following petition was heard at a meeting of the Board of Appeals on Monday evening, June 10, 1963 at the Town Office Building. Members present and voting were: Daniel T. O'Leary, Chairman; Henry E. Lund, John J. shields, Arthur Drummond and associate meter, Robert J. Burke, who sat in place of William Mortal. Mr. Gilbert Rea requested Earth Removal permission under Sec. 5, Para. 5.1 of the Zoning Bye-Law so as to permit excavation of fill to remove top of hill to the level of existing field. When excavation is complete, the remaining land will be level and returned to agricultural purposes, on the premises, located at north side of Rea Street and east side of Chestnut Street. This public hearing was advertised in the Eagle Tribune on May 27 and June 3, 1963• All abutters were duly notified by certified mail of this hearing. Edward R. Greenwood, a resident of Chestnut Street, appeared$ to be spokesman for a large group of objectors, mostly residents of the area. Mr. Rea was represented by Atty. Harold Morley, Jr. The Board, on motion of Henry Llgnd, voted to take the matter under advisement until they could view the area. Mr. Drummond seconded the motion and the vote was unanimous. The following Tuesday, June l8th, at 7 P. M., the members dewed•- sry e.Vw i�ne site were members John Shields, Arthur Drummond, Henry Lund, Chairman Daniel O'Leary and associate member Robert Burke, The Board set Tuesday evening, June 25th at 7:30 P.M. as their Executive Board Meeting in the Town Building to take action. The Board din sed and voted on the petition. Mr. Shields made a motion to GRANT the permission under Sec. 5, Para. 5.1 of the Zoning Byt Law subject to restrictions ' This motion was seconded b Mr. Burke and the vote was unanimous on and controls, Y the following motion: That the petition be granted subject to the following restrictions and controls (See restrictions listed on pages 2 & 3 and the reasons for approval on page k.) ' �dyORTy,R •• O i� t rte-: Ama7� :pu► �r'►rrrrr, TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS -2- A. That the petitioner file with the Town of North Andover, a Performance Surety Barad in an amovint of Twenty Thousand Dollars, ($20,000.00) with the Stipulations that all provisions and requirements for operation and performance under such bond be subject to review and approval of Town Counsel, B. That the permit be issued for a period of one year at which time the Board of Appeals shall review the performance under the provisions of the Bond and Permit requirements and if said performance and removal procedures have been performed satisfactorily that a renewal of the permit may be granted. Restrictions: Specific Provisions shall include: 1. That the engineering plans submitted by the petitioner shall be rigidly followed. 2. That any excessive noise shall be avoided. 3• That hours of removal shall be confined within the hours of 7:30 A. M. to 6:090 P.H. daily excluding Sundays and holidays wherein commercial activities are otherwise restricted. 4. That all public ways shall be maintained daily for spillage control. 5. That an Engineering plan be submitted to the Board of Appeals indicating the location of a road proposed by the petitioner across certain land laying between Chestnut Street and Route 114. 6. That vehicular travel incident to earth removal be restricted to that portion of Chestnut Street, from point of excavation southerly to land of petitioner on westerly side of Chestnut Street, thence across proposed road referred to in section 6 above, to Route 7.14* 7• That controlled speed of all vehicles involved in earth removal while traveling on Chestnut Street shall in no event exceed 20 M.P.H. 8. That no loam shall be removed from any of the now owned land of the petitioner including proposed roadway from Chestnut Street to Route 114y said loam shall be properly stockpiled for future progression replacement on the stripped section in such depth as to sustain vegetation. ' }yA.ii < J o4�,oaryq e Fi ArrtttY� is K ' f: 1855 i i s •w r TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS -3- 9. That prior to the issuance of a permit under the petition, a definite plan of a reforestation program be submitted to the Board for final. approval. 10. That all areas, stripped and brought to proposed grade shall Pro- gressively and without delay be returned to a state and condition to sustain vegetation. 11. That any expenses involved in the preparation and execution of a Permit and Performance Bond conditions shall be sustained by the petitioner. 12. Tae Bond conditions shall contain a forfeiture clause inmuing to the Town of North Andover, with express provisions of the right of the Town of North Andover to use such funds to restore any areas of the peti- tioners land, scarred and requiring land treatment to obliviate any unsightly scars and otherwise bring into conformance any other re- quirements or stipulations as provided in the conditions of the Per- formance Bond. 13• That the Board shall reserve the rights to cancel Permit in the event that any conditions or provisions of said permit are in violation pro- vided that such cancellation shall not be effective until the Board notifies Permit Holder of such violations by registered return receipt mail with an allowance of fifteen (15) working days period for Permit Holder to correct the conditions cited therein. 14# That time limitations herein are imposed by said Board and that renewal of permit shall not be made subject to new Public Hearings. 15. That the permit holder shall maintain that section of Chestxmt Street over which his vehicles shall travel, in a condition not less than the condition in which it is at the present time. �I `jORTH' ti0 r yw',�,: 1555 �pj�"•x TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS -4- REASONS FOR, 'FARTS PMOTAL PMET: 1. The present condition of the land in question is unsuitable fsrrrreaidential purposes or for agricultural purposes due to the steepness of the hill. 2. The proposed elevation levels coupled with the Boardts restrictions, will produce a tract of land which can be used for agricultural purposes which is permitted in the zoning district; or make it more suitable for residentud purposes intended by the zoning district. 3. Granting of the Earth Removal Peruit will not be detrimental or injurious to the neighborhood or at variance with the public interest, since the complete operation, will be conducted on petitioner's land, except trucking over a short stretch of Chestnut Street. On this short stretch of Chestnut, there are presently no dwelling houses to pass except that of the petitioner, which is located at the corner of Remand Chestnut Streets. 4. The petitionerts request is reasonable and to deny it would constitute a serious hardship, since it would deny him the right to use his land as in- tended by the Zoning Byb-Law. Very truly yours, BOM OF APPF,M aniel . 0tLeary', Ch DTOtL:ad �•*A.0 d F� APRIL�PI �.y x a$: 1855 A `sACHug�' 'f TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date Asst 30, 1963 Petition No. Date of Hearing .I me 'Do 196.3 Petition of Gilbert Ilea Premises affected North side of Rea Street & east side of Mastrait StreetL_ Referring to the above petition for a variation from the requirements of the North Andover Zoning By—Lmr so as to permit excavation of fill to remove tam of hill to the leval of exiatdng field. V1en emoavation is complete, the remaining land will be level and returned to ..«,jbiral PU hostess, After a public hearing given on the above date, the Board of Appeals voted to rMIMP _the Earth Removal 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 listed an Decision. signed 74"ti� � � Dani a1 +i' ©'Loa Yr Mailman Tobn J 4hia1da Artlm D=mmd Robert J. Rarlm, Aaa _iia Vs v+ Board of Appeals Form .81' P - 2 (1963) North Andover Planning Board NOTICE '�O TOWN CLEM OF ACTION OF PLANNING BOARD ON PLAN DESCRIBEDBELOW Name and Address of Applicant: Date of Submission of Plan: a1hert Real t 3L SW 44 Idea Street ft rth Andover, MassaWasetts Town Clerks Town of North Andover Town Office Building North'Andover Massachusetts ` Dear Sir; We forward to you herewith the original and new copy of the'plan described'below, heretofore submitted to this Board under G.L. c. 41, a, 81 P, which you may deliver, upon request, to the applicant. above named. � EXACT TITLE OF PLAN, with date and name of Surveyor: Pun of Laud 12 Naft Awso rx ftemkobveotts Stowers Assealatesi "SL510"d INW sWV*Y*re etdd t Descriptio �i of�n4" . oV4Wr . or less 191M . the north but Wt 911"nfisa Street in l W ,north 1UY 8„ ase! 1Rrttb sod l►apd, on east W han the d of 3hertr' . XW,►s 00 the sowth ash �xe't 1y 4 VM land of Gilbert ,o I , Title reference: N Ipso t P"bafio No* off' + P Attorney for Applicant: N"U Varlaro ill, The action taken by this Board upon said plan is indicated upon the reverse hereof. (2) The North Andover Planning Board has determined that said plan does not require approval under the subdivision control law, and the appropriate endorsement has been made upon the same. (2) The Norlt dove Tanning Board determined t said plan shows a � su7ubm s on, s de fined by G.L.' c. 41, s. 81%T,, d must erefore� be re 'ttto i for appraVal der the .iubdi ision;co trol law. r' (3) e N�irth Andover ng Board as .etermine o take no action 'upon . 1l� ai plan. Very truly yours, NORTH ANDOVER PLANNING BOARD J By 71 Date: l/ lid r TIN Form,81 P - 4 U 63? North Andover Planning" oa d'"' NOTICE TO TOWN CLERK OF SUBMISSION TO PLANNING BOARD OF PLAN DESCRIBED BELOW;, BELIEVED NOT TO REQUIRE APPROVAL UNDER TFIE SUBDIVISION CONTROL LAW - Name and Address of Applicant: Date of Submission of P t !6 `Fbt°elt ' Town Clerk, Town of North Andover Town Office Building North Andover, Massachusetts Dear Sir: Pursuant to the provisions of G.L. c. 41, ss. 81 P and 81 T, you are hereby notified that the plan described below has this'day been submitted to -the , North Andover Planning`Board for a deteratination that approval`of the same is not required by the subdivision control law. EXACT TITLE OF PLAN, with date 'and name of Surveyor: Descriptions ly2m i 19fticient for identification": i r 1 l 4*m!*tom 7.60 *s tts W96 Or Us' tb e+ rima't h but not " ?** street is aws tis spa iqr %. a* ma Ale" 16"t so t`ho �r�tx !�► Title reference: N ek Ba Attorney for Applicant: Very ly yours, r Applicant e -* c� �oT �ao RECEIVED o p DANIEL LONG TOWN CLERK NORTH AHOOVER ssu��s T� 16 25 M IN Any appeal Shall 6e fined TOWN OF NORTH ANDOVER within (20) days after the pt this Notice MASSACHUSETTS date of filing of, the Town in the Otfice BOARD OF APPEALS Clerk. May 19 , 1986 Gilbert Rea: 44 Rea Street Petition #85-86 Mr. Daniel Long, Town Clerk Town Office Building North Andover, MA 01845 Dear Mr. Long: The Board of Appeals held a public hearing on May 13( 1986 upon the application of Gilbert Rea who requested the renewal of his Earth Removal Permit under Section 5 of the Zoning ByLaw. The land on which the site is located on is the West side of Rea Street and the East side of Chestnut Street. The following members were present and voting: Frank Serio, Jr. , Chairman; Alfred E. Frizelle , Esq. , Vice - Chairman; William J. Sullivan; Augustine W. Nickerson, Clerk and Walter; Soule. The hearing was advertised in the North Andover Citizen on April 24 and May 1, 1986 and all abutters were notified by regular mail. Mr. Rea requested that the Board issue a renewal of his permit which was originally granted on August 30 , 1963. Upon motion made by Mr. Frizelle and seconded by Mr. Soule, the Board' voted unanimously to GRANT the renewal permit for one year with the same conditions as the present permit. Sincerely, BOARD OF APPEALS �. . . Frank Serio, Jr. Chairman /awt • �d`•' `•'� RECEIVED DANIEL LONG Arnnfr. :pe TOWN Cl.'.RK i�,�a ,• NORTH ANDOVER �ieriu�4 TOWN OF NORTH ANDOVER MAY ZO IO 25 AK 'O6 MASSACHUSETPS r , �1 s1id11 be fiie i RnY a SYS after HOARD APPEALS within I, date o� the jown . the Offlce. of „ NOTICE OF DECISION Clerk. Date . . . . . .May 19 , 19$6 Gilbert Rea . . . . 44 Rea St. Petition No.. . A85-86. . . . . . . . . . . . N. Andover, MA 01845 Date of Hearing. .May a3, PA 6 Petition of . . . Gilbert. Rea. . . . . . . . . . . . . . . . . . . . . Premises affected . . . . . .44. Rea St. ,: !meet, side and,,Chestnut, St,• ,east. side , . Referring to the above petition fpr a aha from the requirements of the SPePi 4t1 .PPXmit under. Section .5. .of. .the . Zoning. ByLaws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . . renewal .of .an .Earth .Removal. .Pexmi.t . gxanted .by. .the .Aoa rd on. August .30.1. . 19.6 3... . . . :. . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . .y• . After a public hearing given on the above date, the Board of Appeals voted to .GRANT the .renewa.l .o£ .the. Permit. . . . . . . . . lV&XNK Xt3bXfiW2bVR1ili W PNffl*Axx . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: , Signe Frank -Serio; Jr: ; Chairman • . . . . . -Walter• Soule . .. . . . . . . . . . . .•. . . . . . . . . . Alfred-Prize ile ;- Vice-chairman Augustine •Nickerson-,- -Clerk` • • William. ,S . .li . :. . . . . . . . . . :. . . t 4QRTj f °•• ti Any appeal shall be filed R�CEf1►EE� .;?. .•q� within (20) days after the '�. zR',�f: 1B'€OWN�l�R Vis' 1... �� date of filing of this Notice NORTH ANDOVIq ,"y�ts��"�9� in the Office of the Town RW ,,OF NORTH ANDOVER Clerk. - SACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . . . . .May .2.0 .,. .19.8.5 . . . Petition No.. . . . . . . . . . 8. . Date of Hearing. . . May. .131 1985 Petition of . . . . . . GILBERT. 0. . REA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected West- side . of .Rea, str.Qet. .and. East, .si.de. .of. Chestn.ut. .Street Referring to the above petition fora 1 .Pe rmi t under Section. .5. of• the. .Zonin.g .By •Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit the renewal . o.f .. an .Earth . Removal. .Pexmi.t . granted. .by. :the .Board onAugust Q,. .1963.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . .Grant . . . the renewal. .of. .the. .Permit. . . . . . . . . . oxisa� ��iug��Ieol�xxa�ttR A� . . . . . . . . . . . . . . . . . . . . . . for> aca�tao�x� atxixe;�a��ae�x��f ������ Signed Frank. Serio, . Jr. . Chairman Alfred E. . Frizelle,. Esgc ,. .Vice. Chairman Augustine. W. . 1`Iickers.on.,. .Clerk . . William. J.. .Sullivan. . . . . . . . . . . . . . . Walter. F. . Soule. . . . . . . . . . . . . . . . . . Board of Appeals Any appeal shall be filed NORM Within (20) days after the aANi£! t�JNG o ,, .. date of filing of this Notice rowN r� }h� in the Office of the "Gown NORTH AN OAR Clerk. ZQ ''� «mss:.: +'• 85 1 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS May 20, 1985 Mr. Daniel Long, Town Clerk Gilbert 0. Rea Town office Building 44 Rea Street North Andover , MA 01845 Petition No. 26-' 85 Dear Mr . Long: The Sord of Appeals held a public hearing on Monday evening, May 13, 19;5 upon the application of Gilbert 0. Rea. The hearing was advertised in the North Andover Citizen on April 18 and 25, 1985 and all abutters were notified by regular mail . The following membero were present and voting: Frank Serio, Jr. , Chairman; AlfrediE. Frizelle, Esq. , Vice Chairman; Augustine W. Nickerson, Clerk; William J. Sullivan; and Walter F. Soule. The petitioner seeks a Special Permit under Section 5 of the Zoning By Law so as to permit the renewal of an Earth Removal Permit 'on premises located at the west side of Rea Street and east side of Chestnut Street known as 44 Rea Street . The petitioner requested that the Board issue a renewal of his present permit which was originally granted on August 30, 1963. Upon a motion made by Mr. Frizelle and seconded by Mr . Nickerson, the Board voted unanimously to grant the renewal permit for one year . Sincerely, BBOOARD� OFAPPEALS � Frank Serio, Jr. , Chairman ]w REC DANTT ` VE0 Tct LOVER 23 k0K + TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS June 23 , 1982 Gilbert Rea 44 Rea Street Petition No . 17 - `82 Mr. Daniel tong, Town Clerk Town 'Office Building North Andover , Mass. 01845 Dear Mr. Long .- The ong ;The hoard of Appeals held a public hearing on May 10 , 1982 upon the application of Gilbert Rea who requested the renewal of his Earth Removal Permit under Section 5 of the Zoning By Law . ' The land on which the site is located on at the !Jest side of Rea Street and the East side of Chestnut Street . The following members were present and votingi Frank Serio , Jr . , Chairman ; Alfred E . Frfzelle , Esq. , Vice Chairman ; William J . Sullivan -; Augustine W . Nickerson; and Raymond A . Vivenzio , Esq . The Board rendered their decision on Monday , June 14 ; 1982 with Members Serio , Frizelle, Sullivan , and Nickerson present and votina . The hearing was advertised in the North Andover Citizen on Apriil 8 and 15 , 1982 and all abutters were notified by regular mail' , Mr. Rea requested that the Board issue a renewal of his present permit which was originally granted on August 30 , 1963. . Upon a motion made by Mr. Sullivan and seconded by Mr. Frizelle , the Board voted unanimously to grant the renewal permit for one year with the same conditions as the present permit. Sincerely , BOARD OF APPEALS Frank Serio, Jr Chairman jw N0N Any appeal shall be filed �:• ti within (20) days after the RECE 'CEO '3'0APRILM :Nr� date of filing Of this Notice ,> TOWN' t4 ,$9. 1855 ," in the Office of. the TovM-" a ►y�ACHuga' Clerk. NO3i i :1 JdER clju ' JUN 23 1 12 pM 18Z TOWN 1vIOA$sADCFRi H AN OVER. 4 y' BOARD OF APPEALS NOTICE OF DECISION Date . . . .June 23 ,. .;982. Petition No.. .17. .7. . 8 2. . . . . . . . . . Date of Hearing. . .r,0-Y . 10 Petition of . . . . . . . . .Gi L.B E RT . R.E A. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . the. .We.st. side . o.f - Rea. .St.r.eet. .an.d . t.he. .Eas.t . s.i.de. .of. .Ch.estnut St . Referring to the above petition fora 5p a c.i.a:1. .P e.r.m i t un.der. .Se.cti o.n . 5. .of. .th.e . 2oni.nn. .By. .Law. . . . . so as to Permit . th.e . r.enena.l. .of. an. .Ea.r.th. .Re.mov.al . .Permi . .gr.antwed. by. .the. .Board on. .Au..9.ust 30., . 1.963... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . .C RA 1I1 T. . . . the . . .r e n.e w a l . o f the. .P a r.m i t. . . . . x>,ad , xawxlro�tZDtac ,i4dila� laaba�ctac aax �ctt► . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . I . . . . . . . . . . #��tkac uetaai�totiaio z�f�tkec xb�v��aooxl��asasdxuq�o�a�tDloa�6�cocundttvo�zsc Signed Frank Serio , Jr . , Chairman Alfred E . Frizelle ;. . . . . . Vice Chairman . . . . . . . . . . . . . . William J . Sullivan Au a,ustine W .. 'iickerson . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals ' r[.(h - 1 TOWN OF NORTH ',AATOVER ` � '' �a� ^ q - MASSAC]IUSETTS _._BOARD .OF-APPEALS ; .... NOTICE:- This application must be typewrit4� t1r �9 APPLICATION FOR RELIEF FROM THE• REQUIRIMNTS OF TH NIS 0 ORDINANCE az ld OZ _icant #1bert Rea Address L, Rea Streets rah Andover,, Maass - F Lpplication is hereby made - '= a) For a variance from the -requirements of Soction__O_, Paragraph. 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. _ - a) Premises affected are land - : _ and buildings numbered j Street. � {{ b)- Premises affected are property with frontage on- the North ! 1 . }&J5It?C MM L' C side of Rea Street, and i known as NO. 411 p88 Street. and East gide. of Ghoet n i Stretit c) Premises affected are in Zoning District ,and the premises•-- ve an area of and frontage o __ _ feet. _ affected ha, wnership: •:. _ _:. a) Name and address of owner (if joint ownership,give 'all tn_aiAes) : Date of purchase Previous ojaner If applicant is not ownerscheckhis interest in the premises: Prospective purchaser ----Le s s e e Other (explain) i_ze of proposed building: front; feet deep, eight; stories ; —meet. Approximate date of erection Occupancy or use (of each floor) : Type of const- ucti_on --- ize of. Existing Building: feet front; feet- deep:' eight stories eet. + Approximate date of erection 3 Occupancy or use (of -each floor _ I Type of coisstruction ' s there been a previous appeal, under zoning, on these premises:- f so, when Janus ry 1977 - escription of relief-" sought on this petition: ; :'i t eed recorded in the Registry of De cls in' Book Page or' Land 4y Certificate NO. . Book J' Page • 1 ' v . . The principal points upon which I base my application are as follows : (must be stated in detail) 4 1 renewal- of a permit originally granted ®,z A gul't 30_ 1063 -wbiah hiaa heazt renewed and used continuously sine that datA. I agree to ay for advertising in newspaper and incidental expenses. {Peir iUQn. 's Si nature) ec. I APPLICATION FORM APPDICATION FILING DAT& Every application for action by the Board ' s a e ma a on , form approved by the Board. These forms shall be furnished by the ._ I _ lerk upon request. Any communication purporting to be an application ` hall be treated as mere notice of intention to seek relief until such , iine .as it is made on the official application - form. All information . alled for• by the form shall be furnished by the .applicant in the man-nei+ herein prescribed..Every application shall be submitted with a- lidt of "Parties a Interest" which list shall include the petitioner, abutters, owners f land directly apposite on any public or private street or way and avers of land within three hundred feet of the property line all as hey appear on.-the most recent applicable tax list, notwithstanding thatr he land of any -such* owner is located in another city or town, the fanning board of-.the town and the planning board of everX .abutting city. r -town. Every application shall be submitted with an application fee .ifficient to -cover the cost of postage of notice to all parties in •in- �rest. LIST OF . PARTIES -IN- INTEREST ADDRESS y Lester & DOrvthy Young 114' Rea Street, North Andover War & Eery Jane Wood000k 130 Rea Street,- North Andover wm. & Wendy Gale _ 30 Jay Road, North Andover Melvin & Eileen Margot 42 Jay- Road, North Andover Timothy ?e Juas Rook 50 Jay Road, North Andover Philip do Joyoe ;Ann Sullivan 66 -Jay itaad, North i ndover Douglas & Ruth ;Wilson 13 Lisa Lane, North ianci,avcr Joseph , Dorothy f3tard 419 Jshnson St, North Andover Joseph Y, Mahoney ) ) t Herbort 3. &-Joan Me Hatem) 9 Hemenway. 3trset, Methuen Greenwood Associates 451 Andover Street, No,* Andover tree & Mary Rilooyne _ 431 -Johnson Street, No. Andover George & Charlotte Rea 671 Chestnut Street, No, Andover Robert & Lorraine Madden 111 Rea Street, No. Andover Joseph &Ellen Anderson 125 Rea Street, No. Andover Loo & Joan Martin 142 Rea Street, No. Andover ti ADD ADDITIONAL SHEETS IF NECESSARY. . ' f HONtN F 9 JUN �7' TOWN OF NORTH ANDOVER �3<< k t MASSACHUSETTS BOARD OF APPEALS June 25, 1979 Gilbert 0, Rea 44 Rea St. Petition #15-•'79 Daniel Long, Toim Clerk Town Office Buildin North Andover, Ma. Dear Sir: A public hearing was held by the Board of Appeals on Monday evening, June 11, 1979 upon application of Gilbert Rea who requested the renewal of his Earth Removal Permit under Section 5 of the Zoning By—Law. The land on which the site is located is at the north side of Rea Street and east side of Chestnut Street. The following members were present and voting: Alfred E. Frizelle, Esq., Vice—Chairman; R. Louis DiFruscio, Clerk; James D. Noble, Jr.; Richard J. Trepanier, Esq.; and Assoc. Member, William J. Sullivan. The hearing was advertised in the North Andover Citizen on May 24 & 31 , 1979 and all abutters were duly notified by regular mail. Mr. Rea requested the Board issue a renewal of his present permit which was originally issued on August 30, 1963. Upon motion of Mr. Sullivan to GRANT the renewal permit as requested and second by TdZr. Noble, the Board unanimously voted in favor with the condition that the continuance be based on the same conditions as the present permit. Very truly yours, Ba RD OF APPEALS Alfred E. Frizelle, _Vsq,, Vice—Chairman P_EF:gb • HORN ti jo 'if �� _ ��o�, •��o + TOWN OF NORTH ANDOVER r ink �VFn 's MASSACHUSETTS MAR 25 i9qQ -BOARD .OF' APPEALS s4CHU NOTICE:. This application must be typewritten. ,'..�. Pth�w N_In,AUgll n7 ' LICATION FOR RELIEF FROM THE- RE QUIRMENTS OF THE=ZONZNG � ORDINANCE ApplicantAl',UtAj Addressyq L4MICL • 1'. Application is hereby made (a) For A variance from the requirements of Section " ,Paragraph of-- the Zoning By-Laws. (b) For a Special Permit under Section S ,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 And buildings numbered Street. (b), Premises affected are-property with frontage on the. North gL&Itb .E side of Aaa Street, and known as X10. W4g6a- _StreetaTTgast side -of Cheatnut:Street (c) Premises affected are in Zoning. District ,and thepremises• - - affected have_.an area, of and frontage oY feet, 3. Ocmership: , (a) Name and address of owner (if joint ownership,give all names): Date of purchase Previous owner (b)' If applicant is not owner, check his--interest in the premises: Prospective purchaser �- Lessee 'Other (explain) 4. , Size of 'prpposed building: front; feet deep. Height: stories; teeet. (a) Approximate date of erection (b Occupancy or use (of each floor): (c) Type -of construction 5. Size of Existing- Building: feet front;. feet deep. Height stories -meet, �a Approximate date of erection b3 Occupancy or use (of each floor (c), Type o� construction 6. Has there been a previous appeal, under zoning, on these premises:yes If so, when A4arch 1979 7. Description of relief sought on this petition 8. Deed recorded in the Registry of Deeds in Book Page or Land Court Certificate NO. , Book Page 9. -The principal points upon which I base my application are as '1 follows : (must be stated in detail) Th is is an a lication for a renewal of 'a permit originallyGranted on-Augmqt. 1903 Which has been rene,Ked and used continuously since ' that date, I agree to pay for advertising in newspaper and incidental expenses. (Petitioner's Signature) Sec. "1 APPLICATION FORM* Every application for action by the Board " shall be made on a form approved by the Board. These forms shall be furnished bx the -- clerk upon request. Any communication purporting to be an application -shall be treated as mere notice of intention to seek relief until succi time as it is made on the official application form. .All information: called for. by the form shall be furnished by the applicant in the manner j therein prescribed, a Every application shall be submitted with a list of• "Parties 7 in Iriterest`' which list shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way and owners of land within three hundred. feet of the property line all as they appear on.--the. most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or towns the planning board. of%the town and the planning board of every abutting city or town. Every application shall be submitted with an application fee sufficient to -cover ,the cost of postage of notice to all parties in terest. ,in- LIST OF PARTIES IN INTEREST NAME - ADDRESS Lester Dorothy Young 114 Rea Street, North Andover Wm. & Mary Jane Woodcock 130 Rea Street, North Andover Wm. & Wendy Gale 30 Jay Road, North Andover Eileen Marget 42 Jay Road, North Andover Timothy & June Rock 50 Jay Road, North Andover Philip & Joyce Ann Sullivan 66 Jay Road, North Andover I 1 Douglas & Ruth Wilson 13 Lisa Lane, North Andover Joseph & Dorothy Giard 419 Johnson Street, North Andover Greenwood Associates 451 Andover Street, North Andover 7m. & Mary Kilcoyne •431 Johnson Street, North Andover George & Charlotte Rea 671 Chestnut Sheet, North Andover i Robert & Lorraine madden 111" Rea Street, North Andover Joseph & Ellen Anderson 125 Rea Street, North Andover Leo & Joan Martin 142 Rea Street, North Andover Marie 0tHagan Chestnut Street, North Andover John E. Carter & Raymond B. Agler 300 Chestnut StrFet, North Andover Normass Const. Inc. 170 Great Pond Rd., North Andover ADD ADDITIONAL SHEETS IF NECESSARY. . � I� t Received by Town Clerk: RECEIVED "'^ OANiEI_ CONN TOW4 CLERK NORTH ANDOVER APR 14 10 53 AH '88 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant GILBERT_0. REA A_A__ -- Address 44 REA STREET. NO, ANDOVER, MA I1 . Application is hereby made: # � (617)682i9864 a ) For a variance from the requirements 'of Section Paragraph and Table of the Zoning By Laws . b) For a Special Permit under Section 5 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 and building(s ) numbered Street . b) Premises affected are property with frontage on the North { ) South ( ) East ( ) west (X ) side of REA STREET Street , and known as No.—44_REA __ Street . CHESTNUT and East side of CHESTNUT STREET c ) Pxemises affected are in oning Districc , an premises affected have an area of_-- square feet and frontage of feet . 3. ownership a ) Name and address of owner ( if joint ownership, givelall names ) : Date of Purchase Previous Owner b ) If applicant is not owner , check his/her interest in the premises Prospective Purchaser Lesee Other (explain) 44 Size of proposed building: front; feet deep; rf Height stories ; —feet. a ) Approximate date of erection: b) occupancy or use of each floor :` c ) Type of construction: ------ 5 . size of existing building: feet front ;` feet deep; Height—_--stories ; feet . a ) Approximate date of erection:__ b) Occupancy or use of each floor: mac ) Type of construction: --------- Has ____ __Has there been a previous appeal „ under zoning, on these premises? _ACES:—_ If so, when? MAYS 1987 ' f•R 7;, *Descriptionof relief sought on this petition ':' ;e) 8. deed recorded in the Registry of Deeds in Book:,.. Page Land Court Certificate No. _Book Pa,.,.ge ; MR:+• .M f•: The principal points upon which I base my application are as follows: ,(must be , stated in detail ) This is an application for renewal for a permit orig,•i,.nliygranted in _ August of 1963, which has been renewed and used continuosly' since that date. L agree to pay the filing fee, advertising in newspaper , and incidental expenses* 0 . Signature of Petztzo er(s :very application for action by the Board sh' 11 be made on a form approved )y the Board . These forms shall be furnished by the Clerk upon request . +� any communication purporting to be application shall be treated as mere "j iotice of* intention to seek relief until such time .as it 'is . made on the a )fficial application form. All information .'called for by the form shall )e furnished by, the applicant in the manner ' �herein['-prescribed . t ;very application shall be submitted with a list of '•"Parties In Interest" • rhich list shall include .the petitioner, . abutters , owners of land directly apposite on any public or private street or way, and abutters to .the ibutters ;within ' three hundred feet ( 300 '. ) of the property line of the ' >etitfoner as they appear . on the most recent applicable tax list, iotwithstanding ' that the land of any such owner is located in another city rr town, :the Planning Board of the city or town, , and the Planning Board of-*; :;-'t'V-' ;very abutting city or town . �''�'''r•'', Every application shall be submitted with an application charge cost in .- - he n - •he amount of $25 . 00. In addition, the petitioner shall be responsible '.`%• :.;`'''`; or any and all costs involved in bringing the petition before the. Board. - A-, 'uch. costs shall include mailing and publication, but are not rill veryimited to these . f''t i ver application shall be submitted with a plan of land a roved b the • '' ;•;� ,� Y PP P PP X oard. No petition will be brought before the Board unless said plan has een submitted . Copies of the Board ' s requirements regarding plans are ttached hereto or are available from the Board of Appeals upon request.' . ,7t LIST OF PARTIES IN INTEREST ::•i Name Address Roger A% & Rita Lucey. . . . . .. . . . . . . . . . . . .67 Kara' Drive, No. Andover, Ma. 0184r ,John E. Carter. . . . . . . . . . . . ... . . . . . . . . . ..300 Chestnut St. No. Andover,Ma. 01845 Raymond B. Alger. . . . . . . . . . . . . . . . ... . . . .300 Ches•tnut ' St. No. Andover, Ma. 01845` ' J. Barry & Beverly O'Hagan. . . . . . . . . . . .455 Chestnut St. No. Andover, Ma. 01845 William Miller.'. . . . . . . . . . . . . . . . . . . . .435 Chestnut St. No. Andover,. Ma. ©1845. +! . John T. & Diane P. Cordner. . .. . . . . . . . .425 Chestnut St.. No Andover, Ma. 01845 Thomas & Margaret Bently. . . . . . . . . . . . . .415 Chestnut St. No. Andover, Ma. 10845 James T & Gail Finn. . . . . . . . . . . . . . . . . . .406 Chestnut Sf. No. Andover, Ma. 01845 Craig & •Lorretta Taylor. . . . . . . . . . . . . . .445 Chestnut St6 Nd. Andover, Ma. 01845 : Joseph Barbagallo. . . . . . . ... . . . . . . . . . . . . g, 1 Westwood Circle. No. Reading, Ma. 01864 .; Benjamin C. Osgood Jr. , P.O.Sox 536 No.' Andover, Ma. 01845. •••'= Peter & Susan Phelps. . . . . . . . . . . . . . . . . .95 Kara Drive, No Andover, Ma. 1084 (use additional sheets if "necessary) ` Stephdn & Angela Jones ... . . . . .'. . . . . . . . .85 Kara 'Drive, No. Andover, Ma. 01845 ; Gregory A. & Brigette Barrett. . ... . . . . . 79 Kara D iv , b. Andover Ma 845 ,� Peceived by 7o4:n Clerk : FORM A APPLICATION FOR ENDORSEMENT .OF PLAN - _� a BELIEVED NOT T,O. REQUIRE 'APPROVAL October 12. 19 cz To tlTe Planning Board of the Town of North Andover: The undersigned wishes to record theaccompanyingplan and requests a determination 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 -sub- division 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 , Rea ,Street & Chestnut Street, or-e--�r�r+r$ e--weir„-eamey being lend bounded as follows : Northerly by land of Greenwood, Blake Realty, Oak 'free Rea_it ,p....__ Luh re ancl.' orsey; Easterly by land of Flynn, Young and Madden; Southerly by land of Rea; and Weste7a )yby Chestnut Street. 2 . - The division o-fi land shown on the accompanying plan i Flo?. ' a pub division for the following reasons : 3. Title reference North Essex Deeds , Book . Page _ -_ a or Certificate of Title No . Registration took Page No deed references avat kb .',e. See pr6b; �;e;, :. of the -Rea Family. A pl5can't 's .Signature : Owner 's si�natur;� and `,ddress if not the applicant : (J— �,or-Prr R.w�cg Applicant ' s Address : RALPH R.JOYCE ELLIS BUILDING NO.ANDOVER. MA 01845 Received by Town Clerk : i 1CL L340 NORTH 17 4 06 Notice to APPLICANT/TOWN CLERK of action of Planning Boa-rd on accompanying plan : ', i, 1. The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law, and the appropriate endorsement has been made upon the same . 2 . The North Andover Planning Board has determined than: said plan shows a subdivision , as defined by G.L . c. 41 , s . 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 , --�;;5P—Xtt4 Date 'l�,rf _ "moi Oversized Maps on file with the Town