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HomeMy WebLinkAboutSTEINBERG, ALBERT 4 NORTIy 9 �g 20 2,� t� ,�..; APRK771 :M: RECEIVED v . 18455 • ° • h o �►issgCRU9`�� E' AFui�,f27' 1X64 o y►rrYeYrr JOHN I. LYONS N.. Cn TOWN CLERK TOWN OF NORTH ANDOVER d� NORTH ANDOVER MASSACHUSETTS `� 0' s0 so BOARD OF APPEALS April 24, 1964 John J. Lyons, Town Clerk Town Building North Andover, Mass. Dear Sir: The following petition was heard at a meeting of the Board of Appeals on Monday evening, April 13, 1964 at the Town Office Building. Members present and voting were: Daniel T. O'Leary, Chairman; William Morton, Secretary; Henry E. Lund, Arthur Drummond and Associate Member Alfred Boeglin who sat in place of John J. Shields. MR. ALBERT STEINBERG requested Earth Removal permission under Sec.5, Para. 5.1, 5.2 & 5.3 of the Zoning By-Law so as to permit earth materials removal for Site development of proposed subdivision, as shown on plans submitted, on the premises, located at the north side of Great Pond Road, containing approx. 1.75 acres. This public hearing was advertised in the Eagle Tribune on March 30 and April 6, 1964. All abutters were duly notified by certified mail of this hearing. Mr. Steinberg was present with Mr. McDermott, who represented the J. F. White Construction Co. , which company will be in charge of the earth removal. There were eight abutters present, and a majority of them were in favor. Mr. Lund made a motion to take the petition under advisement until proper plans are presented. Mr. Morton seconded the motion and the vote was unanimous. The Board voted on the petition at a meeting held on Tuesday evening, April 21st. Mr. Boeglin made a motion to GRANT the earth removal permit. Mr. Drummond seconded the motion and the vote was unanimous. This permit is granted subject to restrictions and controls as follows: A. That the petitioner file with the Town of North Andover, a Performance Surety Bond in an amount of Twenty-five Thousand Dollars, ($25,000.00) 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. (Continued on page 2) r o4Noxry�,Yr T�2. oor apo +;y'. 1$55 l•� ';�,� 2�9 27 � AP IL ryvrvve�� TOWN OF NORTH ANDOVER k Pdr i 64 0 MASSACHUSETTS JOHN J. LYONS r' 1rowN CLERK BOARD OF APPEALS rr'11WH ANDOVER o —2— 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 6:00 P. 11. 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 all areas, stripped and brought to proposed grade shall progressively and without delay be returned to a state and condition to sustain vegetation. 6. That any expenses involved in the preparation and execution of a permit and Per- formance Bond conditions shall be 4WItained by the petitioner. 7. The Bond conditions shall contain a forfeiture clause insuring 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 petitioner's land, scarred and re— quiring land treatment to obliviate any unsightly scars and otherwise bring into conformance any other requirements or stipulations as provided in the conditions of the Performance Bond. 8. That the Board shall reserve the rights to cancel Permit in the event that any conditions or provisions of said permit are in violation provided 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. 9. That time limitations herein are imposed by said Board and that renewal of permit shall not be made subject to new Public Hearings. 10. There shall be no more than a 4-1 slope in the final bank and there shell be no sharp breaks on the floor of the pit. An approximate slope of .1% shall be sain- tained. 11. Boulders, stumps and debris must be either removed or buried before the final acceptance of the pit. 12. There shall be no more than a 450 bank left at the close of the day's operation. (Continued on page 3) I,s�tyORTy i o?Na�a�(,9T�o F• A 20 21 + �'. 1855 �q ► ,M 1K rC,z �y�YYYV YK t'1 (J f r~w .l VE VED ��.. TOWN OF NORTH ANDOVER 'K " W o �" laf{N d LYONSNX MASSACHUSETTS r. 7oWN CLEF K Nr V NORTH Ahouq . ' 4 BOARD OF APPEALS 3— REASONS FOR GRANTING EARTH REMOVAL PE=. 1. The present condition of the land in question is unsuitable for residential purposes or for agricultural purposes due to the steepness of the hill. 2. The proposed elevation levels coupled with the Board's 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 residential purposes intended by the zoning district. 3. Granting of the Earth Removal Permit will not be detrimental or injurious to the neighborhood or at variance with the public interest, since the operation will be conducted on the petitioner's land. 4. The petitioner's request is reasonable and to deny it would constitute a serious hardship, since it would deny him the right to use his land as intended by the Zoning By-Law. Very truly yours, BOARD OF APMALS Daniel T. O'Leary, n AD yyyyua v*O4.NoRTyv B 20 - Avniu=1 ��s F'• hCE1VE8'�l •ea i.Ryy RCHll�ift M.� ,,,f I "i u, rJ11 rvyvv TOWN OF NORTH ANDOVER ld "� tYOTd$ MASSACHUSETTS �o ANdObRB BOARD OF APPEALS NOTICE OF DECISION Date .April -4.,, 1964 . Petition No.. . . . . . . . . . . . . . . . Date of Hearing.April 13,.1964 Petition of. Albert Steinberg. . . . Premises affected. .North ,side-of Great.Pond .Road, containing .approx.. 1..75 -acres. Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . . North Andover Zoning. By-Law. . . . . . . . . . . . so as to permit. Earth materials removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . GRAI+J']'. . . . .the Special .Per=t , . , . . . _ . . . . . . . . .and hereby authorize the Building Inspector to issue a permit to. . . . Albert,Steinberg. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: See attached conditions. Signed anielT. OtLeary ,, C}�ai . . William Morton,, SecreiIary. . . . . . . . . Henry E. bund Arthur Drummond . . . . . . . . . Alfred Boeglin,.Associate,Member. Board of Appeals P�NHNING BQABQ TOWN OF NORTH ANDOVER MASSACHUSETTS •LAA �yOFt .I.q APRIL7" chu Janta 1, lii I1ort 1i 111 ;ove_', 7-q 3 -L 07 no 0y-) .;0.,.1i,* - : on thQ flul lie for 'j!),,2.it Ll .L., 3 o lar Cl feelQ it is -p 0'30 T.O apji:,ov- of zoniu_-. i-e-.sorls fol:' 1. 0 o G'o 1:0 ')o Voi I'lal 'o su'l n ;-'e' 0 On("It adu�, � r* al ave- cec acro�-� - trect w* ��-L G-L -L Wi n , lousinesoos bc f I o 10 0("L rovo.-lac: Go e "loam. -vo oo-'os C izi V i "u- J aa�, e s Ja June 1. 1959 Joilai J. Lyons,, To=m Clerk Nort;-t Andover ` saw a=Gett, Deav Sir: Tao'--e bainL, no op,)os'Lt-*- on to tile Public llea, inC for Albert Stc!"borl-j. t Plannin,- Board feels it is proper to ap ,,rove this ag.111c.1tion for a c1ian.�'o of son�. Co-,Aor reasons for C' J ±o 'Iro: 1. Use of land v;o;41k-'n1t be a dotrijacrit to th,o area. po.Lea I _Io 14 1 _ 1 - usirk,_, development d.Uo to sewera6e cow itions. J. lndusGrial area dipectly across t"Ic streetwitli SeVeVal O-pera- tin. � businesses Ir. t! o :a.diate hborhood. ll incr=ao--o tax revenue to Lie 1,0 op-,os-', tion. Very truly yours, A, (4-I'l Ja.Ss z. Baivian, Chai.ian tis*N0 + dy', 1855 ,Rq•� A *y`r'SAC11 sswe+ra+�� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS August 18, 1958 Mr. John J. Lyons Town Clerk The petition of Albett A. Steinberg, Osgood Street, North Andover for a variance of Section 4, 1Paragra -h 4.1 of the 'Zoning By-Law so as to permit the construction and operation of a golf driving range came on to be heard at a meeting of the Board on August 11, 1958• kresent and voting were: Daniel Or Leary, chairman, Kenneth Terroux, nobert isurke, Donald Smith and Alfred Boeglin, Associate blember. The Petitioner ap-Deared for himself and no one appeared in opposition to the petition for a. variance. the board finds that the premJ_ses in question are located in a Rural Aes_..denee district located on the Southwest side of Barker Street . The Loard further finds that to the 0outhwest of the pre .:ises in c7uestion is located residences and on t :e op_:osite side of .Barker Street is located a restaurant and diner. the retit _oner submitted to the board that the premises in question �nTere loc. -ted on the water shed of lake Jochichewick, soirce of the Town' s drinkinsu-oply, that no sewerage is available and further re- gpo_-ted that the premises are not suitable for residential constriction. CL Aralph Brasseur stated in his opinion four or five homes car. b constructed on at least a portion of the premises and the rd was so advised. Upon motion duly made and seconded, it was unanimously vo"ed that the petition be denied. The reason for the finding is the pr•elr.-ses in question are located in a liural Residence district. A business of the t3gle contem-elated by the Petitioner is not permi_ted in such an area. Also the board finds it may be somewhat of a hardship on the retitioner to d.er_y the variance, the Loetd fines that the hardship vaould be purely pecuniary; the Boas finds that the land is suitable at least in part for uses which are permitted in this Z A.in_: area ana,therefora , the variance is denied. I aniel O' Leary, Ch rman kenneth erro>>x Robert barke Donald Smith Alfred Boeglin, Assoc. Member ►�NORTfy ♦ .N••p9 a 3:.r�RtolP'�Ttb:�i e F: Avau7r� �b� A 1855 ' ♦r sSSgCHU�F'.�� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date August 11, 198 Petition No. Date of Hearing August 11, 1j Petition of Albert A. Steinberg Premises affected South side of barker St. at the corner of Osgood St. Referring to the above petition for a variation from the requirements of the- YJ he YJoniny-Law of North Andover, Nlass. so as to permit the construction and operation of a driving range After a public hearing given on the above date, the Board of Appeals voted to the -V'Atu tl1V C1J Signe -4 igne l 11a_niel O�LearY, [:hairman :Donald i" Smith Kenneth lerroux '�obert Lurke Alfred Boeglin, Assoc. Member Board of Appeals yyfl.44 a p `° �`�^� RECEIVES i '�: .ys.. �,• UCI S R! gCHO „ �• JOHN J. LYONS ° TOWN OF NORTH ANDOVER TOWN CLERK d. NORTH ANDOVER MASSACHUSETTS IL?' _ E'p d0 LO V2�2 BOARD OF APPEALS September 19, 1963 John J. Lyons, Town Clerk 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 weret Daniel T. O'Leary, Chairman; Henry E. Lund, John J. Shields, Arthur Drumnond and Robert J. Burke, associate member, who sat in place of William Morton. ALBERT A. STEINMG requested a special permit for an apartment development under Sec. 4.7 of the Zoning By-Law so as to permit the construction of four buildings, each con- taining six dwelling units, as shown on site plan filed herewith and conforming with the provisions of S. 11.73 of said By-Law and. such conditions as may be imposedby this Board.; on the premises located on Barker Street and as shown on the preliminary plan of the site and. a copy of which is filed herewith as a "Site Plan" under S. 1 .52 and as a diagram and "Statement" under S. 4.51 of said By-Law. This public hearing was advertised in the Eagle Tribune on May 27 and June 3, 1963. All abutters were duly notified of this hearing by certified mail. Atty. John J. Lynch rep- resented. the petitioner. Mr. & Mrs. Steinberg and Mr. Balsemo, the engineer, were also present. There were no abutters present and there was no opposition. Mr. Shields made a motion to take the petition under advisement, Hr. Lund seconded the motion and the vote was unanimous. At their meeting of September 16, 1963, the Board discussed the petition further, after having held up voting in order to receive final approval from the State Board of Health. Mr. Shields made a motion to GRANT the Special Permit subject to approval of the State Board of Health. Mr. Drtamriond seconded the motion and the vote was unanimous. This ppecial Permit is granted for the following reasons: 1. There exist certain conditions, especially affecting the parcel in question, which do not generally affect the entire zoning district in which the parcel is located. 2. Unless the Special Permit is granted, the applicant will suffer substantial hard- ship, financial or otherwise. (Continued on next page) ° p•• �O s 11 r 7 A.ai7n �� s d RECEIVED k�SSACHUSF'w'�� n 0L I 13 1 Ji3J �9 JOHN ), LYONS :w TOWN CLERK ov TOWN OF NORTH ANDOVER �o NDRTH ANDCVER MASSACHUSETTS 2Z E� a,; to bz '2 BOARD OF APPEALS --2-- September 199 1963 Gont. 3. The requested Special Permit will not adversely affect the public good to any substantial extent and will not materially affect the general character of the neighborhood. 4. The requested Special Permit will not be in substantial derogation from the intent or purpose of the Zoning By-Law. Very truly yours, BOARD OF AFPEUS Daniel T. O'Leary, Chairm` AD tyMLlli yi bIJ'NORTH x Y f.••"..,9 y o ' 4 4 h• APnBL�T1 ,�� ,l�1 kR yYYYYYI yi4 r 4 U L Y U lb", V a TOWN OF NORTH ANDOVER J ?RPi J. LYONS MASSACHUSETTS TUNN CLERK t ti N�ml ANDOVER Or Trr. t BOARD OF APPEALS �c q�,�_. NOTICE OF DECISION Date .September. 19., .1963 - . Petition No.. . . . . . . . . . . . . . . Date of Hearing June.1-0, 1963 . . . Petition of. .Albert ..A, .Steinberg Premises affected. located .on Barker.. Btreet,, as .shown. on plan. , Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . Special .Fexmit -. North Andover Zoning By-Law. . . . . . . . . . . . . . . . . . . . . . . . so as to permit. . .An Apartment Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . .GRANT . . . . .the . . .Special.Permi.t . . . . . . . . . . . . .and hereby authorize the Building Inspector to issue a permit to. .Albert.A,- Ste.iAberg. . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: Subject to approval. of State Board of Health. 9 r �_-!i f i.el. T.•. O'Leary,. Chairman. . . . . . - Henry. R.. .Lund. . . . . . . . . . . . . . . . . . . . . . John. J., .Shields. . . . . . . . . . . . . . . . . . . Arthur. DrW=Ond. . . . . . . . . . . . . . . . . . . . .Bober, .J, .Burke,. ,Associate. Member Board of Appeals Oversized Maps on file with the Town y iso 5,W ,pe6 A- t tioo � Geozaor BA*9e y , ¢ooaQQ,zao 75 sr . aD G � d � PLA NOFL.AND OF A L seRT A. S TE/IVBfR&. Scvk /,_ foo, NORT14 ANOOVEeQ MASS, B. Arass4rur, C- E Jug y 1958 APpiIOve mom AA(Voilne 910440 O< APPALS C�ak o�Ne�rin�: Cf�irma� D�iC O�/4J7�OrOf/JI' .�fCrE�arc� • RcGUT ot= Way•"' PLAh4 G140WING P2oeo5c-d Cof3LE GUoao 2AlL. GtzsAT ,powo Q M4QJ�2r� \ cafe \ t4OQTW Awoovea , MAss Frsts SCALE 1'� 40 AAAy to, iSGS M. SB w8W S 4. G - si: :r� :rs BOARD of hle. mcoov em M S, STt�'Fg4� B2ASseurz L1550GIATES LRy4'� 6ot122�ea>_E>' �J, ..T.- �• (Y.y \ _ 5 CdAVE2t-tlLt_ , MASS•