HomeMy WebLinkAboutMiscellaneous - South Side of Clark StreetC \ -::A c \A Sfi
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LEGAL NOTa
.ICE1
y �TQYVN OF NORTH ANDQU4
ti MASSACHUSETTS.. r,
�iBOARD OF APPEALS,'
NOTICE
October 23, 1989
::'Notice Is hereby given thatihe Board of Appeals will
give a hearing at the Town Building, North Andover,
on Tuesday evening the 14th day of November
1989, at 7:30 o'clock, to all parties Interested in the
appeal of Crusader Paper, Inc. requesting a
variation of Sec. 5.7 and a Special Permit of Sec.
5.5 of the Zoning By Caw so as to permit variances
" of slope grades and setbacks and permission for
r additional soil removal on the premises, located at
the south side of Clark St.
By Order of the
pl= Board of Appeals
i Frank Seno Jr., Chairman
110/28/89 & 11/02/89
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October. .23 ... .19. 8.9
Notice is hereby given that the Board of Appeals will give a
1
hearing at the Town Building, North Andover, on . Tuesday.
evening ............. the 14.th day of .November. .
'
.1
19..89 , at 7 : 3..(b'clock, to all parties interested in the appeal of
Crusader.Paper,.Inc............. ................
requesting a variation of Sec..5... 7 . and. a ....... of the Zoning
S er- al Permit of Sec. 5.5
By Law so as to perms ............................ .
°.
var.iances. of..slope. grades . and_ setbacks-and permission
for additional 'soil' removal
..............................................
s.........................
...........................
Wr
on the premises, located at. the south side of Clark St.
.
......................................... .......
By er of th Boa of Ap
F n Serio, Jr. , Chairman
Fublish in the N.A. Citizen on October 26 & November 2, 1989
Bill to: Crusader Paper, Inc.
Clark St., North Andover, MA 01845
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Crusader Paper, Inc.
*
Clark St.
*
N. Andover, MA 01845
*
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Petition #: 85-89
DECISION
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&6v t,4,181 83 4,` 8'83
The Board of Appeals held a regular meeting on Tuesday evening, November 14,
1989 upon the application of Crusader Paper, Inc. requesting a variation from
the requirements of Section 5.7 and a Special Permit of Section 5.5 of the
Zoning Bylaws so as to permit variances of slope grades and setbacks and
permission for additional soil removal on the premises located on Clark Street.
The following members were present and voting: Frank Serio, Jr., Chairman,
Walter Soule, Raymond Vivenzio, Anna O'Connor and Louis Rissin.
The hearing was advertised in the North Andover Citizen on October 26 and
November 2, 1989 and all abutters were notified by regular mail.
Upon a motion made by Mr. Vivenzio and seconded by Mr. Rissin, the Board voted,
unanimously, to GRANT the variance and Special Permit as requested.
The Board finds that the granting of this variance and Special Permit will not
be a detriment to the community and will not nullify or substantially derogate
from the intent and purpose of these bylaws.
Dated this 16th day of November, 1989.
Sincerely,
BOARD OF APPEALS
�. ;.G�c
Frank � Serio, Jr.-/
Chairman
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Crusader Paper , Inc.
Clark Street
N. Andover, MA 01845
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD Of APPEALS
NOTICE OF DECISION
iGOu 16 11 t'4 AN 189
Date ... November 16, 1989..... .
Petition No....... 85.:89......... .
Date of HearingNoyember. .14, 1989
Petition of ..... crusader. Raper'. Inc ..................... I ..............................
Premises affected ..SQuth..sAde . of. Clark. Street .........................................
Referring to the above petition for a variation from the requirements of the . S-ection. 5...7. and
a Special Permit of Section 5.5 of the Zoning Bylaws
.........................................................................................
so as to permit ...variances. of. slope. grades .and. se.tbacks. and .permiss.ion . for...... .
additional soil removal
.........................:..............................................................
After a public hearing given on the above date, the Board of Appeals voted to . GRANT...... the
variance and. Special Perit as. rue
....:...........................e.q.. ifiadhereby authorize the Building Inspector to issue a
permit to ........ Crusader-Paper,..Inc................ ..................................
! .1 !o : -7-7=71- a` �: c y771,11 v1 a .01 a •••!o c c�c • �::
Signed
Frank. Serio, .Jr.,. &airman..... .
.... _ ... Walter. Soule .....................
.........Raymond. vJxQnziQ...............
...... Anna. O'Connor .................
.Louis. Ri.s.sin...... I .......... .
Board of Appeals
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,"YER
iGOu 16 11 t'4 AN 189
Date ... November 16, 1989..... .
Petition No....... 85.:89......... .
Date of HearingNoyember. .14, 1989
Petition of ..... crusader. Raper'. Inc ..................... I ..............................
Premises affected ..SQuth..sAde . of. Clark. Street .........................................
Referring to the above petition for a variation from the requirements of the . S-ection. 5...7. and
a Special Permit of Section 5.5 of the Zoning Bylaws
.........................................................................................
so as to permit ...variances. of. slope. grades .and. se.tbacks. and .permiss.ion . for...... .
additional soil removal
.........................:..............................................................
After a public hearing given on the above date, the Board of Appeals voted to . GRANT...... the
variance and. Special Perit as. rue
....:...........................e.q.. ifiadhereby authorize the Building Inspector to issue a
permit to ........ Crusader-Paper,..Inc................ ..................................
! .1 !o : -7-7=71- a` �: c y771,11 v1 a .01 a •••!o c c�c • �::
Signed
Frank. Serio, .Jr.,. &airman..... .
.... _ ... Walter. Soule .....................
.........Raymond. vJxQnziQ...............
...... Anna. O'Connor .................
.Louis. Ri.s.sin...... I .......... .
Board of Appeals
IV
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350 q&& R4aa' o 74,rd Ad4wm N4444ekae 4 01 4, 5
7d. (508) 7944900 0 94v (508) 7944625
Mr. Frank Serio, Jr.
Chairman, Board of Appeals
Town of North Andover
North Andover, MA 01845
Dear Mr. Serio:
August 2, 1991
In accordance with the Decision on Petition: #59-87
of the Board of Appeals dated June 15, 1987, Crusader
Paper established two $10,000 security deposits at
MassBank for Savings. The two deposits are: Certificate
# 0076-00006751-6 and Certificate # 0076-0000-6321-9.
We have completed the indicated dirt removal and request
release by the Town Treasurer of the town's interest in
these deposits.
Please call, if I can supply needed information.
Thank you very much.
Very truly yours,
Uk . (;4,�
John M. Costello
Executive Vice President
JMC/kb
* * * * * * * * * *
Petition of:
Crusader Paper, Inc.
SW side of Clark St.
NORTH
Of
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'�r9SS^CHUSE4
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
* Petition: 459-87
* DECISION
The Board of Appeals held a public hearing on May 12, 1987 and June 9, 1987 on
the application of Crusader Paper, Inc. requesting a Special Permit pursuant to
Section 5, Paragraph 5 of the Zoning ByLaw so as to permit earth removal incidental
to development and construction of new facility on the premises located on the
SW side of Clark Street. The following members were present and voting: Frank
Serio, Jr., Chairman, Alfred Frizelle, Vice-chairman, Augustine Nickerson, Clerk,
Walter Soule and Anna O'Connor.
The hearing was advertised in the North Andover Citizen on April 23 and on
April 30, 1987 and all abutters were notified by regular mail.
Upon a motion made by Mr. Frizelle and seconded by Ms. O'Conner, the Board VOTED
to GRANT the Special Permit for the removal of fill on the site as set forth in the
plans presented on May 12, 1987 subject to the following conditions: All vehicles
must turn left on- 125 when leaving Clark Street; Strict adherence to Section 5 of
the Zoning ByLaws as follows: Section 5, Paragraph 5.7 — Operation Standards;
Paragraph 5.8 - Restoration Standards; Paragraph 5.9 - Security Requirements.
The petitioner shall provide police coverage at the corner of Route 125 and Holt
Road from 2 p.m. to 6 p.m., Monday through Saturday. Vehicles restricted to the
hours of 7:30 a.m. to 6.00 p.m., Monday through Saturday. The petitioner shall post
a bond of $20,000 with the Town Treasurer and shall pay all fees before a permit
for removal is issued. The vote was as follows; in favor, Mr. Serio, Mr. Frizelle,
Mr. Nickerson and Ms. O'Connor. Opposed, Mr. Soule. Copies of the above ByLaws
are attached.
pY It [�J
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Dated this 15th day of June, 1987.
Frank Serio, Jr.
Chairman
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NN �.
Crusader Paper, Inc.
25 Industrial Way
Wilmington, MA 01887
.,..
lass ;`
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date .... June 15, 1987
...............
Petition No.. .5.9.-87 ...............
Date of Hearing...June 9, 1987
Petition of ...... Crusader.Paper,..Inc ....................................................
Premises affected .........$W, sidq.Qf. Clark.$�ree.t.....................................
Special Permit
Referring to the above petition for a vatiutimn from the requirements of the .. Sect.iQn .5, ... .
Par.agraph. 5 -of . the. Zoning. ByLaw........................................................
so.as to permit ... ear.th .removal .permit..incidental . to. development .and. construction
of.new.facility..........................................................................
After a public hearing given on the above date, the Board of Appeals voted to ....GRANT... the
Special . Permit........................}{f{e14�4�GMiitl�XC(sC{
1...............................................................................
Vote was as follows: In favor, Mr. Serio, Mr. Frizelle, Mr. Nickerson and Ms. O'Connor
Opposed, Mr. Soule
Signed
Frank Serio, Jr., Chairman
Alfred Frizelle;'Vire-=chairman
Augustine Nickerson,,' 'Clerk...
........ Walter "Soule---
" " ' " 'Anna '0 tConnor " " " "
........
.................................
Board of Appeals
yards, but less an five -thousand, (5,00 cubic
yards, a Perm_
be granted by he and for
such removal Ylthout a public hearinHowever,
where the a avation, removal, strieg, or
mining exc ds five-thou3and (5,0 ) cubic
yards, th a public hearing wi be necessary
and the ermit granted.shall i icate the
;tha
proxi ate quantity of soil o be removed, the
rpos of removal, and the ocation of the
te f removal. The Per t shall also specify
upon completion of xcavation, exposed
oil shall be grade and covered with loam
a minimum depth.of six (6) inches and that
e removal is to be controlled by the appro-
iate section of P ragraph 5.7 (Operating
Standards). It i further provided that exce
where removal u er this Paragraph is done •
connection wit the formation or enlargeme t of
a pond, excav tion shall not be permitte below
the mean gra a of the street or road se ing
the proper The excavation of said and in
any event shall not be such as to ch ge the
directio or flow of a water course or to cause
surface water to gather as a sump r swale.
Excav ions for burying large r s and stumps
steal immediately be back -fill d for safety
rea ns. Failure to meet th requirements
of this Paragraph shall be eemed a violation
o thte Zoning By -Law.
5.7 Operation Standards
• (1) Time of Operation.
a) Excavation and site'maintenance may be
carried on from 6:30 a.m. until 7:30 p.m.,
Monday through Saturday.
b) Trucking from the site may be carried on
from 7:110 a.m. through 6:00 p.m., Monday
through,Saturday.
c) An Operating Hours Extension Permit for
trucking until 9:00 p.m. for no more than
three (3) consecutive days may be granted
by the Building Inspector after reviewing
conditions of the application. Said appli-
c sh._?'_ show reason for
time, distance of hauling, and approximate
cubic yardage to be hauled.
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(2)
• i
Site Preparation.
a)
Only the. active area: described in the Permit
application may be made ready for earth re-
moval.
b)
No standing trees are to be bulldozed over,
or slashed and bulldozed into piles. All
trees must be cut down. All wood and brush
must be piled for removal or chipping.
Wood chips may remain on the site. No
trees are to be buried on the site.
c)
Stumps shall be buried in predesignated
.areas as shown on application plans.
d)
Any change -in stump burial must be sub-
mitted to the Board for approval.
(3)
Topsoil
Storage.
a).
All topsoil removed from the active .removal
area shall be piled for future site restora-
tion.
b)
No topsoil shall be removed .from the site
until all areas have been restored and per-
mission has been granted by the Board.
(4)
Erosion control.
a)
Prior to any excavation or or earth removal,
�
adequate siltation basins shall be con-
structed to prevent the run-off of silted
water from the site.
b)
All excavation shall be done so as to create
contours to channel run-off waters into the
siltation basins.
c)
No siltation basin shall exceed seven (7)
feet in depth.
d)
Siltation basins must be cleaned when sedi-
ment deposits are within eighteen (18)
inches of the outfall invert.
(5)
Dust
Control.
a) .No
earth removal operation shall create ex-
cessive amounts of dust or allow roads
-45-
leading into or from a site to become ex-
cessively dust producing.'
b) Proper -dust control methods shall be
approved by the Building Inspector.
(6) Excavation Near Brooks.
a) No excavation shall be made which will alter
the natural way or existing elevation of a
brook, stream,.or.river.
b) All banks of brooks, streams, and rivers
shall be reconstructed to be aesthetically
attractive and of sufficient height to
prevent abutting properties from.flooding.
c) Said bank -height shall be computed, for a
fifty (50) year storm for all brooks,
streams, and rivers up to eight (8) feet
in width and two (2) feet in depth; and
for a one -hundred (100) year storm for all
brooks, streams, and rivers which exceed
this size.
(7) Site Screening.
a) An immediate program of site screening shall
start when site preparation begins.
b) All entrances shall be screened with exis-
ting vegetation, evergreens, or'other
suitable natural methods, so as to prevent
a direct view into the earth removal area.
C) All areas within fifty (50) feet of a
traveled way or abutting property lines
shall be reforested immediately upon com-
pletion of the earth removal operation of
that area. Said reforestation shall be ..
done,in accordance with the North Andover
Tree Department.
A minimum of One Hundred -fifty (150) trees.
per acre shall be used for this reforests
tion. .i
Areas ic?; are to be used a7ricu_turai
purposes after earth removal operations are
completed may be reforested in the following
manner:
'7 1
-46-
Trees shall be planted twenty-five (25) feet
deep from the road or property line.
The remaining area shall immediately be
planted with grass or other suitable agri-
cultural planting material.
(8) Access RoaIr.
a) All access roads shall be -level with inter-
secting streets for a distance of -sixty (60)
feet.
b) A STOP sign shall be installed so as to warn
any vehicle entering onto a Town street.
c) All access roads shall be equipped with a
suitable locking gate to prevent unauthori-
zed entry. .
(9) Site Maintenance.
a) No open face excavation shall exceed twenty-
five (25) feet in height.
b) No excavation shall be closer than fifteen
(15) feet to a property line.
C) No slope shall exceed a two (2) foot hori-
zontal to a one (1) foot.vertical (2:1)
grade.
(10) Temporary Buildings.
a). All temporary structures shall be specified
in the Special Permit application and shown
on the plan.
b) Any structure erected on the premises for
use by personnel or storage of equipment
shall be located at least forty (40) feet
from any existing roadway and at least
thirty (30) feet from any lot line.
C) Any temporary structure will be removed no
later than ninety (90) days after the ex-
piration date of the Permit.
(11) Mechanical Crushing and Screening.
-47-
}
a) All crushing and:.screening`Permits shall be
granted for a period -not to exceed six (6)
months.
b) Said Permits.'shall be granted as a cleanup
procedure only.
c) Washing of processed material will not be
allowed.
d) Operation of crushing or screening equipment
shall be from 7:30 a.m. until 5:00 p.m.,
Monday through Friday.
e) All crushing and screening equipment shall
be equipped with suitable dust and noise
control devices.
5.8 Restoration Standards
(1) All restoration must be completed within sixty
(60) days after the termination of an Earth
Removal Permit or by the first of June if the
Permit terminates between December first through"
March thirty-first.
(2) No slope shall be left with.a grade steeper than
a two (2) foot horizontalto a one (1) foot
vertical (2:1).
(3) All siltation basins shall be filled with earth,
and a natural drainage pattern must be re-estab-
lished.. No area upon the site which will
collect water shall remain.unless approval is
granted by the. Board or unless the area was
shown on the original application plans.
(4) All topsoil which was on the site prior to
earth removal operations shall be replaced
to a minimum depth of six (6) inches on all
disturbed'areas. Sites -that had less*than
six (6) inches of topsoil shall be restored
with a minimum of four (4) inches over the
.entire area.
(5) Seeding The entire area shall be seeded with
grass or:legume which contains at least sixty
percent (6006) perennials. The planted area
shall be protected from erosion during the es-
tablishment period using.good conservation
.practices.: Areas which.washout*are to be re-
-48-
paired immediately.
(5) Reforestation - All areas which are disturbed
in the earth removal operation shall be re-
forested with fifty percent (50%) coniferous
and fifty percent (50%) decidous trees planted
at the rate of one hundred fifty (150) trees
per acre. All trees used are to be a minimum
of two (2) year transplants. Said planting
shall be in accordance with the recommendations.
of the North Andover Tree'Department. Areas
which are to be used for agricultural purposes
after earth removal operations are completed may
be reforested in the following manner:
a) Trees shall be planted twenty-five (25)
feet deep from a public road or property
line.
b) The remaining area shall immediately be
planted with grass or other suitable agri-
cultural planting material. Permits issued
by the Building Inspector for soil removal
incidental to construction or for special
purposes are exempt from reforestation para-
graph.
(7) within ninety (90) days of completion of opera-
tions, all equipment, accessory buildings,
.structures, and unsightly evidence of operation
shall be removed from the premises.
5.9 Security Requirement
(1) There must be filed with the Town Treasurer, a
continuous bond or deposit of money in the
minimum amount of One thousand dollars ($1,000)
per acre to be excavated, and shall be of a
sufficient amount to cover ten (10) acres, or
the total parcel, whichever is smaller, as
determined by and satisfactory to the Board.
(2) After completion of the total project, and at
the applicant's written request, the Board may
grant a partial release of any security posted
by the applicant. One (1) year after such a
partial release is granted and if in the opinion
of the Board, no damage or deterioration to the
__nis`:e,? crc-e has deve?coed, the;.
issue a final release of the security. If,
during the year following the date of a partial
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j
release, slumping, gullying, erosion, or any
other unsatisfactory condition appears, the
applicant shall be responsible for, and shall
make any necessary repairs, before final release
of security is granted.
The bonding agent shall be required to give the
Board of Appeals, by Registered or Certified
mail, a sixty (60) day notice prior to any
termination or cancellation of the Bond.
-50-
Re�welved by Town -Clerk:
1 M011TN
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Date: TOWN OF NORTH ANDOVER, MASSACHUSETTS
CC
BOARD OF APPEALS
T J.14CHU
Not i.ce: This application must be typewritten
� APPLLITCATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
Applicantc::'Crusader Paper,Inc. Address Clark Street, No..Andoverr
1. Application is hereby made
(a) For a variance from the requirements of Section 5.7 RxR&gx&Xk
x 4uwxxxxxxxLXfcxxuX=iwgx[Kyxgoylwsix
(b) For a Special Permit.under Section 5.5 Paragraph of the
Zoning By -Laws.
(c) RCCxiKx tC,%xYY:Y:xk(KKeCXICXXaKxK(KYXe[KXDCXXXXitKxa[KiCiKKXMXltKXIK.XXX HXRKiKitlt:kKJSx
1y4w�=KXOCKX cY,KiKKx,YulK=Kxx,,.
2. (a)- Premises affected are land and building(s) numbered
Street.
(b) Premises affected are property with frontage on the North ( )
Soutn (x ) East ( ) West. ) side of Clark
Street, and known as No. treet.
(c) Premises affected are in Zoning District 12 _, and the premises
affected have an area of 11.6 acres s74JJ:6:K9x*au* and frontage of
10.50 + square feet.
3.. Ownership
(a) dame and address of owner (if joint ownership, give all names):
Joseph R. Levis
Date of purchase
Previuus. Owner
(b) if applicant is not owner, check his interest in the prtmises:
Prospective Purchaser x Lesee Other (explain)
4. Size of proposed building: __ 400 ___f ront _2.00 feet deep;
height: -_- __ .stories; ___•-___-feet.
a) Approximate date of erection: 1989
b) Occupancy or use of each floor: Commercial - Paper Work
(c) Type of`construction:-.---
5.
construction:-y
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 consCru ctfon; - -
G. Has there been a previous appeal, under .zoning, on these premises? Yes
If so, when? 1987 Petition # 59-87 and September 19.89/7 7
7, Description of relief sought, on this petition variances of slope grade_
and setbacks and permission for additional soil rp_Tnnv;;1
8. Deed. recorded in the Registry of (heeds in Book Page or
Land Court Certificate No. Book Page
M
The principal points upon which .I base my application are as follows;'
(Must be stated 4n detail)
Modification and Variances.and Temporary Occupancy Permit are rPcrl,ir_ed
incidental .to final development and construction. Relief can he granted
without adversely affecting the neighborhood, there,. i 1 n g hP nx;eated
any nuisance or serious hazard to vehicles oK Qedestrians, adequate
facilities will be provided, and the use re�uested is in
the general intent and purpose 'of the By -Law. Denial of the relif would
constitute a substantial hardship to the Petitioner financial y a
-of Ferwisse.
I ate. to pay for adveAtising in newspaper and incidental expenses*
n � n� ,��
Petitioner's Signature
Grusa,der Pape, )/nc, by, its- ttorney.
Sec. (1 )OPLICATION FORM
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 communicatidA 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. All in-
formation called for by the form shall be. furnished by the applicant
in the manner therein prescribed,
Every application shall be subm fitted 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 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 respon-
sible 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.
LIST OF PARTIES IN INTERESTj�
Name Addres
City of Lawrence (Airport Commission)
Borden, Inc.=ino�W`�
Comm, of Mass (Signal Resco)
i
(Use additional sheets if necessary)
111111 1
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C53
492 SUTTON STREET
NO. ANDOVER, MASSACHUSETTS 01845
November 9, 1989
TO WHOM IT MAY CONCERN:
RE: Excavating, regrading and relandscaping
boundary between Crusader Paper Company, Inc.
and Greater Lawrence Airport
Gentlemen:
At a meeting held by the greater Lawrence Airport Commission,
approval was granted to the Crusader Paper Company, to enter upon the land
of the Airport for purposes of regrading the boundary line between our
respective properties. A plan was presented to us, which has been given to
the North Andover Board of Appeals for approval of the Earth Removal
Operations involved in the regrading. All necessary approvals were voted
and granted by the Commission to Crusader Paper Company and their agents
and employees, and servants, at their cost and expense to remove all -
excess fill and regrade and relandscape the property line as shown on said
plans.
7AMES BRADLEY
n
reaer Lawrence Airport
Commission
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
du-4�� ijev�
Dear Applicant:
Enclosed is a copy of the legal notice for your application before
the Board of Appeals.
Kindly submit
Filing Fee $
Postage * $
for the following:
Your check must be made payable to the Town of North Andover and
may be sent to my attention at the Town Office Building, 120 Main
Street, North Andover, Mass. 01845.
Sincerely,
BOARD OF APPEALS
qudrey Taylor, Clerk