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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)
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MASSACHUSETTS JOHN J. LYONS
r' 1rowN CLERK
BOARD OF APPEALS rr'11WH ANDOVER o
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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)
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BOARD OF APPEALS
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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
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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
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MASSACHUSETTS
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Joilai J. Lyons,, To=m Clerk
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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.
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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
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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
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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-
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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
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11a_niel O�LearY, [:hairman
:Donald i" Smith
Kenneth lerroux
'�obert Lurke
Alfred Boeglin, Assoc. Member
Board of Appeals
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JOHN J. LYONS °
TOWN OF NORTH ANDOVER TOWN CLERK
d. NORTH ANDOVER
MASSACHUSETTS IL?'
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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)
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RECEIVED
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JOHN ), LYONS :w
TOWN CLERK ov
TOWN OF NORTH ANDOVER �o NDRTH ANDCVER
MASSACHUSETTS 2Z
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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`
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TOWN OF NORTH ANDOVER J ?RPi J. LYONS
MASSACHUSETTS TUNN CLERK
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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
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i.el. T.•. O'Leary,. Chairman. . . . . . -
Henry. R.. .Lund. . . . . . . . . . . . . . . . . . . . . .
John. J., .Shields. . . . . . . . . . . . . . . . . . .
Arthur. DrW=Ond. . . . . . . . . . . . . . . . . . . .
.Bober, .J, .Burke,. ,Associate. Member
Board of Appeals
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