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Home My WebLink AboutCorrespondence - 200 CHICKERING ROAD 7/17/1996 R 1,e- Town of North Andover NORTH 3�Ogtt�io e.eHOL OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 0 A 146 Main Streeter moo , North Andover,Massachusetts 01845 WILLIAM J. SCOTT SSACHUS� Director July 17, 1996 Mr. Joe Scott Scott Construction Co., Inc. 12 Rogers Road Haverhill, MA 01835 Re: 200 Chickering Road Dear Mr. Scott, The Planning Board voted at the July 16, 1996 meeting to allow you to withdraw you application for site plan review without prejudice for the proposed project located at 200 Chickering Road based on the incomplete file and the lack of notice to the condominium owners. I have enclosed a copy of the letter from Bill Scott, Director of Community Development and Services outlining Town Counsel's concerns regarding the notice to the condominium owners. If you have any questions please do not hesitate to call me at 688-9535. Very truly yours, Kathleen Bradley Colwe Town Planner cc. B. Scott, Dir. CD&S J. Mahoney, Chair PB BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North Andover VkORTH 'G 0 OFFICE OF L. COMMUNITY DEVELOPMENTAND SERVICES 146 Main Street North Andover, Massachusetts 01845 WILL LAM J. SCUFF SAcHU Director Joseph Mahoney Chair North Andover Planning Board 146 Main Street Town Hall Annex Planning Office North Andover Mass. 01845 July 16, 1996 Dear Mr. Mahoney This letter is in reference to the application for a Special permit for Site Plan Review for the property located at 200 Chickering Road. As you and the Board members may be aware there is a concern regarding the notification requirements of Chapter 40A Section 11 as it applies to owners of condominiums. Based on repeated requests for an interpretation I contacted the Town Counsel via the attached letter and a subsequent phone call. The key to this determination relates to the phrase "Parties in interest" and whether or not they are they listed on the "most recent applicable tax list". The condominium owners can be construed as "abutters" as cited in 40A Section 11 as follows: "Parties in Interest" used in this chapter shall mean the petitioner, abutters..,,. and abutters to the abutters Within three hundred feet of the property line of the petitioner cis they appear on the most recent applicable tax list. " Because the term abutter is not limited to owners of land, and condominium owners appear on the tax list , a person owning property such as a condominium meets the definition of "Parties in Interest". This is providing that their"property" is within 300 feet. Therefore the proper notification for a condominium owner is to notify all persons within structures that are within 300 feet of the property line of the petitioner. The condominium "abuts"the structure by virtue of lying on common land that abuts the land of the petitioner. In consulting with Town Counsel he indicated that in an earlier interpretation provided to the Town Planner, he did not consider the aspect of abutters not needing to own land. Therefore the interpretation was different from the one presented herein. Page I of 2 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 689-9530 HEALTH 688-9540 PI fit` 688-9535 Page 2 of 2 Mahoney RE: 40A 11. The result is that the notification for the above must be done in a manner to include condominiums with 300 feet of the petitioners property. Considering that the applicant is withdrawing the application the notification becomes moot. However subsequent applications will require notification by regular mail in the manner cited above. If this matter were not withdrawn the proper method to insure compliance with 40A section 11, when a notice error occurs, would be to: 1. not open the hearing, 2. not discuss any matter of the application other than the notice error, 3. postpone opening the hearing until a subsequent meeting, 4. for which the time and date is announced publicly and, 5. provides sufficient time for proper notification to abutters, and 6. request a written extension of time from the applicant to cover the time period lost due to the notice error. If you have any questions please contact me. ;Sincerely, liam J. Scott . v Town it ®f rCE North t Andover f NORTH , OL'1'1OF C®MMUNITY DEVELOPMENT AND SERVICES 0 p 146 Main Street North Andover, Massachusetts 01845 'r9SSgCHUS�� WILLIALYI J. SCOTT Director Mr. Joe Scott Scott Construction 12 Rogers Road Haverhill, MA 01830 Re: 200 Chickering Road Dear Mr. Scott, It is my understanding that you will be withdrawing your most recent application for 200 Chickering Road. As per my conversation with Steve Dubois from your office, this withdrawal is based upon an incomplete filing. The following items have not been submitted as required by the Zoning Bylaw: revised site plans, a storm water management plan and a traffic study. The notice to the abutters as it relates to the condominium owners has been questioned. A ruling on this will be forwarded to you this week. The next available Planning Board Meeting is on August 20. The deadline for this meeting is Friday July 19. Please make an appointment prior to this date so that we can review your application and you can proceed with complete information in a timely fashion. If you have any questions please do not hesitate to call me. Very truly yours, Kathleen Bradley Colwell Town Planner cc. B. Scott,Dir. CDS J.Mahoney, Chair PB BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North Andover OFF1107 OF of ADORo o� TH r 0 COMMUNITY DEVELOPMEW AND SERVICES 146 Main Street North Andover, Massachusetts 0184 WILLIAM J. SCOTF SS C KUS Director Joel Bard Attorney at Law Kopelman & Paige, P.C. 31 St. James Avenue Boston, Massachusetts 02116-4102 July 9, 1996 Dear Attorney Bard: This letter is in reference to a request for a legal opinion regarding Chapter 40A section 11 and the requirement for notice of"Parties in Interest" as it relates to condominium properties held in common. The person requesting the legal opinion claims that she and others belonging to a condominium association, including it's Trustees, should receive individual notice by mail as "Parties in Interest" . Her rationale for this is that she owns an interest in the property which is an abutting property and therefore should receive notice as would any other owner of property. This rationale is based on her interpretation that the common land to which she holds an interest is abutting the parcel which is seeking a Special Permit for Site Plan Review and all those holding an interest should be notified. Further her rationale is that she is listed on the tax list for her condominium and therefore she feels that the test for being listed , "as they appear on the most recent applicable tax list", has been met. The person making the request is on the tax list. The Planning Board is hearing the matter on July 16 1h. A written response by July 15th would allow . If the possibility exists that the hearing cannot be held due to need for additional notice please advise as to the steps to continue the matter until such time as notice is given. Sincerely, ',,,0e illia Scott Community D lopment Director r BOARD OF APHALS 698-9541 BUaDING 688-9545 CONSER VAT 10N 688-9530 REAIATI 688-9540 PLANNING 688-9535