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Correspondence - 200 CHICKERING ROAD 10/28/1996
mr-v- no Ckk\l cto cko� VC LA N WaAc\ V�Y-o, o- U(Mn,-- kNr--,n Vin& \r,)-� v 'c cn f�e-o n Uj` W\ cor, c � kz) be- Ob�c< a� ko W�� � �\A- - v \c p � S mGkk-) INFORMATION REQ D FOR SITE PLAN REVIEW Project: 200 Chickering Road (Rennies) 1. North Arrow/Location Map(1500): on plan 2. Survey of the Lot/Parcel: on plan-FORM A to be signed recorded prior to approval 3. Name/Description of Project: on plan 4. Easements/Legal Conditions: on plan 5. Topography: on plan 6. Zoning Information: on plan-sheet 5 7. Storm water Drainage Plan: on plan-to bye reviewed by consultant 8. Building(s)Location: on plan 9. Building Elevation: submitted 10. Location of Parking/Walkways: on plan 11. Location of Wetlands: on plan-to be confirmed 12. Location of Walls/Signs: sign material to be submitted, entrance sign????? 13. Location of Roadways/Drives: on plan, subject to change pre review by traffic consultant 14. Outdoor Storage/Display Area: none shown on plan 15. Landscaping Plan: Additional landscaping required along the rear boundary with Heritage 16. Refuse Areas: on plan,to be enclosed with matching fence 17. Lighting Facilities: on plan 18. Drainage Basin Study: not required 19. Traffic Impact Study: submitted,to be reviewed by consultant 20. Commonwealth Review: highway dept. permit required 21. Utilities: on plan 22. Fiscal Impact: not required 23. Community]Impact: not required Additional Comments: TRC: mark exit only on the pavement(internal pavement markers) review proximity of exit to Farrwood,review location of compact car spaces,protect back of building with bollards, no food to be allowed,mark trees to be saved in the field,noise decibel levels to be measured before and after, safety lighting at the back of the building-send detail,enclose dumpster with matching materials I L__ % CCU I ILIX-1—P LA" (&FICE OF MARK B. JOHNSON 12 Chestnut StmL t Anficyver,Massachusetts 0 1810-37 OC; (508) Telecopim(508)475-+3763 MARK B, JOHNSON(MIA,NH, DC) farm UkNDA A. O'CONNELL(YLA,NH, RD & THRYN M_MORD4 JPAN A.SHFEHAjN FUZABETH H. MATHEFU November 2)51, 1996 Fax 01—A 893-0733 ltl� PhiHP E. E_'oziol, PE MHF DI-Isign. Consuiral,.t- 12E Manor Park-way S-lenn, NH 03079 Re,- 200 CWCkering, Road, North Andover, MA Dear A11r. Koziol.- a Heritage Gireen Condominium Association, _1 would appreciate you forwarding to me the following: L 2 sets of the plans you have filed with the Planning Board,, 2, the EINF; 3, Storm Water Management Report, Traffic Report, J Preffinim-u-y Design Analysis Low Pressure Sewer System;; The Request for Determination and accompanying plans, i womald appreciate your sendika, +the above to me via overnight mail. f would N} happy toTein-iburse you for the Cost of reproduction and mailing. hat k you for your anticipated cooperation. Very truly yours, folulson MBJ/ke cc: Kathleen Bradley Colwell To,,vn Pl"ner i'-vl'a Fax 688-9542) 0 Town n o North Andover f AORTN O OFFICE OF � �' ° °�° COMMUNITY DEVELOPMENT AND SERVICES A 146 Main Street North Andover,Massachusetts 01845 WILLIAM J. SCOTT SSACHUSE Director December 6, 1996 Ms. Vera Curcio 23 Edgelawn Ave. North Andover, MA 10845 Re: 200 Chickering Road - Site Plan Review Dear Ms. Curcio, I am writing in response to your letter dated December 3, 1996 concerning the procedural aspects of the site plan review application currently before the Planning Board regarding 200 Chickering Road. Your first concern deals with the posting of notice as required by Mass. Gen. L. ch. 40A, §11 which requires "posting such notice in a conspicuous place in the town hall for a period of not less than fourteen days before the day of such hearing". As you are aware, all of the legal notices for the North Andover Planning Board are posted on the board outside of the tax office. I have enclosed a copy of the notice for this project that was posted on November 13, 1996, nineteen days prior to the public hearing. Your second concern deals with the mailing of notice as required by Mass. Gen. L. ch. 40 A, § 9 which requires mailing of notice to "parties in interest". "Parties in interest" are defined in Mass. Gen. L. ch. 40 A §11. Under that definition you are not a party interest. I have spoken with Town Counsel on this issue and have asked him to put this opinion in writing. Your third concern deals with the zoning of the parcel upon which the project is proposed to be constructed. Although you are correct in stating that the land upon which the condominium complex is constructed is zoned for residential use, the land upon which the project is to be constructed is zoned for business. Your fourth concern deals with Chapter 297 of the Mass. General Laws. I am unable to find any such Chapter, however if you wish to provide me with a copy I will attempt to respond to your concerns. BOARD OF APPEALS 688-9541 BUE DING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Your fifth concern deals with the Planning Board holding meetings at night during the winter months. All Boards in the Town of North Andover and the surrounding Towns hold public hearings at night on regular basis throughout the year. I hope that I have been able to address your concerns adequately. If you should have further questions please do not hesitate to address those concerns in writing to the Board. Very truly yours, Kathleen Bradley Colwell Town Planner cc. R.Halpin,Town Manager W. Scott,Dir. CD&S Planning Board -REG�Iv .il0Y'CE .BRADSHAW T. OWN CLERK 1NZU, H ANDOVER Nov 13 2 s? 165 FLAGSHIP DRIVE LEGAL NOTICE CHICKEAING r PUBLIC HEARING NOTICE ZQO ROAD ^. MAttl�A PARK STREETS z= NORTH ANDOVER PLANNING BOARD LEGAL NOTICE LEGAL NOTICE PUBLIC HEARING NOTICE ., PUBLIC HEARING NOTICE In accordance with the provisions of Chapter NORTH ANDOVER PLANNING BOARD <NORTH ANDOVER PLANNING BOARD 40-A, Section 11, M.G.L., the North Andover In accordance with the provisions of Chapter ?.:y: In accordance with the provisions of Chapter Planning Board will hold a public hearing on 40-A, Section 11, M.G.L; the North Andover 40-A, Section 11, M.G.L., the North Andover Tuesday evening, December 3, 1996 at 7:30 planning Board wig hold a public hearing on Planning Board will hold a public hearing on Building, Senior Center behind the Town Tuesday evening, December 3, 1996 at 7:30 i'. Tuesday evening, December 3, 1996 at 7:30 Builg, on the application of MHF Design pp m. in the Senior Center behind the Town ! pp m. in the Senior Center behind the Town Consultants,Inc.special Manor Pkwy.Salem,NH Buildin on the application of Scott Com Buildin on the application of Salvatore Lu 03079,for a special permit under Section 8.3 miss,12 Rogers Road,Haverhill,MA01835,or j for Sal sJust Playa 29 North Broadway, Sa- (Site Plan Review)of the North Andover Zoning ; ylaw to construct a one(1)story, 19,295 sq. a special permit:under Section 8.3(Site Plan . ;, lem,NH 03079 for a special permit under Sec- ft.addition to the e)dsting 31,690 sq.ft United Review)of the North Andover Zoning Bylaw to tlon 8.3(Site Plan Review)of the North Ando- Plastics Fabricated building to be used as a allow the construction of a concrete masonry& c ver Zoning Bylaw to construct a one(1)story, Manufacturing Warehouse, Office, located at wed one (1) story 16,900 sq.tt building for 2300 sq.ft.building to be used.as a restaurant 165 Flagship Drive,North Andover,MA In the i- commercial use located at 200 ChIckering Rd. I at the Intersection of Main St, Park St, 1 District. North Andover, MA 01845 In the Business 1 ChIckering Rd..in,the General Business DlstricL District. A copy of the application and plan may be in I A copy of the application and plan may be in- X A copy of the application and plan may be in- spected at the North Andover Planning.Board i spected at the North Andover Planning Board r spected at the Irth Andover Planning Board Office during the hours of 8:30-4:30 Monday I Office during the houra.of 8:30-4:30 Monday. r .. Office during the hours of 8:304:30 Moriday through Friday.. c though Friday. through Friday. I ! { :;: >•r:,. Any person Interested or wishing o be heard Arty person Interested or wishing to be heard on person interested or washing to be heard on the application should gat the torte " on the application should appear at the time on the application should appear.at the tlme pp and designated. and place designated. and place designated. ,�*;�-�....�, ,. ,��,',;:€ � f?I� 9 Joseph V.Mahoney,Chairman - -Joseph V Mahoney,Chairman t Joseph V.Mahoney,Chairman North Andover Planning Board ..._ . Nortk P"Board. North Andover Planning Board North Andover Citizen,11/13,11/20196. North Andover Citizen,.11113;11/20/96: North Andover Citizen,11/13,11/20/96. Town of Forth Andover AORTiq OFFICE OF �?ON ° "'�^�� COMMUNITY DEVELOPMENT AND SERVICES A 146 Main Street North Andover, Massachusetts 01845 WILLIAM J. SCOTT SSAcmust Director PLANNING BOARD MEETING SCHEDULE OCTOBER THRU DECEMBER 1996 ALL MEETINGS WILL BE HELD AT THE SENIOR CENTER AT 7 : 00 P.M. L �7QC>-7:1 ue October 1 , 1996 s "' z o:� October 15, 1996 Gr:: T rn��._. November 5, 1996 NO MEETING SCHEDULED DUE TO ELECTIONS cu November 19, 1996 December 3, 1996 December 17, 1996 Signed-y-vi ���:���l�y BOARD OF APPEALS 688-9541 BUII.DING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 MHF Design Consultants, Inc. 12-B Manor Parkway•Salem, NH 03079 •TEL(603) 893-0720 • FAX(603)893-0733 December 16, 1996 Mr. Robert Nicetta, Building Commissioner t Town of North Andover Building Department , �,�� ±�, ,���q'' � I t° 146 Main Street North Andover, Massachusetts 01845 Re: Olde Towne Village Retail Project 200 Cllickering Road North Andover, MA WIF#45996 Dear Mr. Nicetta: Please find enclosed a site plan for the above referenced project located off Route 125 in North Andover. As you may be aware, Scott Companies are in the approval process with this project and have been before the Planning Board with preliminary site plans for the project. Our original design of the site included a stormwater detention basin on the residentially zoned area of the property adjacent to this site. This property is currently one parcel and is split by the commercial zone line. At our initial meeting with the Planning Department, we were told that the North Andover Zoning Ordinance did not allow the placement of a detention basin within the residentially zoned portion of the property. Upon our own review of the zoning ordinance, we could not find any reference that prohibited the placement of drainage facilities within residentially zoned land. Upon further inquiry to the Planning Department regarding this issue, it was explained that it was a policy of the Department to not allow drainage facilities for commercial uses on residentially zoned land. Again no reference to a specific section of the zoning was given. Upon further requests to the Planning Department for a specific response in writing regarding this matter, they deferred the issue to the Building Department and indicated that our request should be made in writing to you as the Building Commissioner. ENGINEERS a PLANNERS SURVEYORS IVIHF Design Consultants, Inc. Therefore, this letter serves as our request for a written response from your office regarding the specific section of the Zoning Ordinance which prohibits the location of drainage facilities (i.e. detention basin) within the residentially zoned portion of the subject property. Should you have any questions, please feel free to contact me at your convenience. Sincerely yours, MBF D COINS 'S, INC. Ml rk:S Gros , P.'E—' Principal cc: Mr. Joseph Scott, Scott Companies Attorney Peter Shaheen Ms. Kathleen Coldwell, North Andover Planning Department TOXIN OF NORTH ANDOVER OFFICE OF TOWN MANAGER 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 VAORTH Robert J. Halpin ���.{"®a 9�°0 Telephone(508)688-9510 Town Manager a � � FAX(548)688-9556 CHU February 5, 1997 Mrs. Elvira Curcio 23 Edgelawn Avenue North Andover, MA 01845 Dear Mrs. Curcio: I have received your letter of February 5, 1997. The comments contained in the letter are no different than those we have received from you over the past six or seven months. The Town has examined your comments and complaint on each occasion. I understand that you are not satisfied with the answers provided,however, I do not see the benefit of a meeting to review these comments and complaints once again. Your recourse, if you believe that the Planning Board has failed to follow the proper notices and hearing procedures is to retain an attorney and file an appeal. I believe that we have responded to your complaint and plan no further action this point. (Ve Town Manager CC: Kathleen Bradley Colwell, Town Planner RJH:map .. °. ; ONIZZMEMEMMIEW MHF Design Consultants, Inc. 12-g Manor Parkway^Salem, NH 03079 •TEL(603)893-0720• FAX(603)893-0733 February 20, 1997 Mr. John Chessia, P.E. Coler and Colontonio, Inc. 101 Accord Park Drive, Suite One Norwell, Massachusetts 02061-1685 Re: North Andover Retail Center, 200 Chickering Road MHF#45996 Dear Mr. Chessia: Please find enclosed a copy of the Notice of Intent and plans for the above referenced project. These are being forwarded as a result of our meeting last night with the North Andover Conservation Commission. They have requested that these documents be reviewed with emphasis placed on the drainage aspects of the project. I indicated that your office was currently reviewing these documents for the Planning Board. I am forwarding a copy of this letter to Kathleen Colwell and Micheal Howard for their information and would request that if additional review fees are required for this additional review, please contact either Kathleen or Micheal as to the amount so that the owner/developer can deposit additional escrow monies to the Town of North Andover for the Conservation Commission review. Should you have any questions, please feel free to call me at your convenience. Sincerely yours, MHF CTN OON , INC. r S. ros Principal cc: Mr. Steve Dubois, Scott Construction. Atty, Peter Shaheen Ms Kathleen Colwell, Planner Mr. Micheal Howard, Conservation Administrator ENGINEERS 0 PLANNERS d SURVEYORS MAR-06-1997 11:12 THOMAS E. NEOE ASSOC. P.01 FAX Trawm)issioo From: John Morin Date: March 6, 1997 To: Kathleen Bradley Colwell Time: 11:00 Am Company: North Andover Planning Board FAX #: Pa.�+G S• 1 P Dear Kathleen: I spoke with John Chessia yesterday regarding 200 Chickering Rd & he stated that he did not have a problem sending us the correspondence that he has had with the applicant with regards to drainage. However he would like a letter from you giving him the authority to do so. If you feel that this would not be the proper approach, then we will need to get the information from the Planning Board, please advise me to your decision. Mr. Chessia & I briefly discussed our last report to him regarding Rocky Brook Estates Phase 11. 1 informed him that we would like to close the public hearing at the next meeting therefore any outstanding issues remaining after his review of the last report must be dealt with immediately. I propose a meeting with John Chessia, Bill Hmurciak and Neve Associates in order to resolve any outstanding issues. If this meeting is required it must be done no later than the begining of next week so that we will have time to revise the plans for the Planning Board meeting. Have you spoken with Mr. Chessia regarding his progress with the last report that we had sent to him? If you would like 1 could call him to find out what the status of his latest review is. At the Planning Board meeting Tuesday night there was one other change that I wanted to point out to the Planning Board that was not brought up: Lot 12A has been changed to Lot 12B -the lot still conforms to all requirements with 1.68 acres and the exact same frontage as before, the only change was that the rear of Lot 12A, behind Lot 14A, was removed, it is now called Parcel A. I will also present a standard waiver list to the Planning Board for review. I hope to hear from you within the next couple of days. Sincerely, VOICE: 508-887-8M FAX: 508-887-3480 • A 0 1 own of North Andover E tAORTH 71 OFFICE OF 3?C 1 ,,to 6.6Av COMMUNITY DEVELOPMENT AND SERVICES % 146 Main Street i 9 North Andover,Massachusetts 01845 qRifO''P.�h WILLIAM J. SCOTT SSACHUS� Director March 10, 1997 Mr. Thomas E. Neve Thomas E. Neve Associates, Inc. 447 Old Boston Road US Route 31 Topsfield, MA 01983 Re: 200 Chickering Road Dear Mr. Neve, I have forwarded your letters regarding 200 Chickering Road to John Chessia, Bill Hmurciak, DPW and Mark Gross at MHF Design. The site plan will receive a complete review of the drainage as required under the Site Plan Review Bylaw. If you have any further questions please do not hesitate to call me at 688-9535. Very truly yours, Kathleen Bradley Colwell Town Planner BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 ,le of ' ` a MOW no= A ..................... MHF Design Consultants, Inc. 12-6 Manor Parkway- Salem, NH 03079-"TEL(603)893-0720 FAX(603)893-0733 April 15, 1997 Ms. Kathleen Bradley Colwell, Planner 7 North Andover Community Development and Services 146 Main Street North Andover, Massachusetts 01845 Re: Proposed Retail Site 200 Chickering Road Map 46, Lots 35 and 46 Dear Ms. Colwell: On behalf of Scott Construction, this letter serves as our request to the North Andover Planning Board for a continuance of the above referenced site plan to the first available meeting in May. As discussed with the Planning Board last week, we are requesting this continuance in order to complete the required soil test as required by Coler& Colontonio in their last correspondence. As you are aware, we have scheduled the soil testing for this Friday morning with Sandra Starr of the Health Department and will forward those results to John Chessia along with final revised plans which will address his final comments for the project. We hope this will not cause any inconvenience to the Planning Board and/or abutters and we thank them for their time and consideration regarding this matter, Should you have any questions, please feel free to contact me at your convenience, 0 Sincerel you ME /NC4A"ANTS,S F TS, INC. P XMar .. ass, R Principal cc: Mr. Joseph Scott, Scott Companies Atty Peter Shaheen ENGINEERS PLANNERS SURVEYORS l 7o() Town of North Andover PCX OFFICE OF �?®q"t w i o 6° a0 COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street x North Andover Massachusetts 01845 �'..,Ay WILLIAM J. SCOTT 9 �SS'ACMUS Director May 7, 1997 Mr. Mark Gross MHF Design Consultants, Inc. 12-B Manor Parkway Salem, New Hampshire 03079 R : NOTICE OF INTENT-#200 Chickering Road(DEP#242.656). Dear Mark: This Department is in receipt of additional supporting data from MHF Design Consultants, Inc. including revised plans,correspondence dated May 2,1997, and a draft"Operation and Maintenance Plan". It is my understanding that these materials were also forwarded to John Chessia on Monday, May 5, 1997, 1 offer the following comments: Operation and Maintenance Plan: . 1. Parking Lot Sweeping: ® Snow stockpile locations should be shown on plans. This area should be pervious (as indicated) and have adequate permeability to reduce ponding. In addition, accumulated sediments should be removed every spring. Please provide the name, address and phone number of the responsible party. 2. Litter Control: A limitation on fertilizer, pesticide, and herbicide use should be specified in the plan with specific constituent requirements (i.e. low nitrogen). Please provide the name, address and phone number of the responsible party. 3. Catch Basin Cleaning: Who will inspect the basins? Please provide the name,address and phone number of the responsible party. 4. Sediment Collection Systems; 9 Who will inspect the systems? Please provide the name,address and phone number of the responsible party. 0 1 am in agreement that reports shall be provided to the NACC. 5. Underground Detention Systems: • Please provide the name, address and business number of the manufacturer and incorporate it into the 0&M Plan. • Please specify what a"major storm event' is so that the property owner(or responsible party) will clearly understand this important task. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 6. Water Quality Swale: • Please specify the seed mix to be spread in the swale. I am in agreement with your recommendation regarding cutting practices. • Please provide the name, address and phone number of the responsible party. 7. TABLE.- ® Please add a third column with the name, address and phone number of each responsible party for each task. I • The parking lots should be swept once a month during the spring and fall months. Please revise. Stormwater Management Policy 1. May 2, 1997 Correspondence: ® STATEMENT#1:Where is the applicable detail for"sediment collection system#6"? ® STATEMENT#1: You have proposed substantial changes to the watershed which contributes to the Farrwood Avenue design point;why does the post development flow rate remain the same? Please clarify. ® STATEMENT#3:you note that the"underground infiltration system for the roof drainage has been revised to accommodate the permeability rate that was determined based on actual testing of the soils?" Why hasn't the entire stormwater management system been incorporated? What is the justification for"roof drainage only"? 2. Permeability Testing: ® It is my understanding that on 4122197, a representativ6 from MHD Design Consultants, Inc. performed on-site permeability tests in the presence of the North Andover Board of Health Administrator, This Department is in receipt of data from that test which indicate two (2)sampling locations. In accordance with the DEP Stormwater Management Policy please take samples in the immediate vicinity of each proposed subsurface infiltration system (6) and determine the seasonal high groundwater elevation. A representative from the Board of Health shall be present. Each system must be a minimum of 24" above this elevation as a means of assuring adequate groundwater recharge;currently the bottom elevation of each proposed structures is within this required 24"separation. In addition, please submit a soil profile with each test pit so that the soil can be evaluated for suitability. ® Please locate all sampling locations (i.e.test pits) on the submitted plans and label accordingly. ® The permeability rate appears acceptable, however,this Department will defer to the judgement of Coler and Colantonio, Inc. If you have any questions or concerns regarding this matter please do not hesitate to contact this Department. Sincerely, Michael D. Howa d Conservation Administrator Structural Best Managemer "ractices practices. Specifically,infiltration technologies should not be applied in areas with soils exhibiting low permeability. This would exclude most "D" soil groups, as defined by the Natural Resources Conservation Service. Y. Where infiltration technologies are planned, soils must be checked and adequate permeability confirmed. Soil types and characteristics are less important to filtration technologies, as they do not need to maintain water levels or provide recharge. In some cases, where proper soils are present, filtration technologies may be used to recharge a portion of the treated stormwater. Drainage Area/Watershed To Be Served The size of the contributing area may be a limiting factor in selecting the appropriate BMP technology. Recommendations for appropriate contribut- ing watershed area requirements have been included in the discussion for each technology. Through proper site planning, area constraints may often be overcome. Pond BMPs typically require large contributing drainage areas in order to function properly, while infiltration BMPs require smaller drainage areas. For technologies that require large contributing watersheds, additional offsite runoff may be routed to the BMP to increase flows. Conversely, portions of the total runoff can be routed to smaller individual BMPs to allow for the use of lower capacity BMPs. Keep in mind that use of a number of individual BMPs in one drainage area may increase the mainte- nance and inspection requirements. Depth to Water Table Depth to the seasonal high water table is an important factor for stormwa- ter technologies, especially infiltration BMPs. If the seasonal high water table extends to within two feet of the bottom of an infiltration BMP, the site is seldom considered suitable. The water table acts as an effective barrier to exfiltration through the BMP media and soils below and can reduce the ability of an infiltration BMP to drain properly. Contamination potential of the water table is of concern. Depending on soil conditions, depth to groundwater table is also an important factor in reducing the risk of microbial contamination. For constructed wetlands and wet ponds, a water table at or near the surface is desirable. Areas with high at er tables are generally more conducive to siting these types of detention/retention BMPs. Depth to Bedrock The depth to bedrock (or other impermeable layers) is a consideration for facilities which rely upon infiltration. The downward exfiltration of storm- water is impeded by bedrock that is near the surface, because infiltration BMPs will not drain properly. A site is generally not suitable for infiltra- tion BMPs if the bedrock is within two feet of the bottom of the BMP. i �,- Stormwater Martagement(Volume Two) j Encl. Cc: DEP-NERD NACC NAPB John Chessia,Cofer and Colantonfo,Inc. r � Planning Board Meeting Senior Center June 3,1997 Members Present: Joseph Mahoney, Chairman, Richard Rowen, Vice Chairman, arrived at 7:02 p.m. Richard Nardella arrived at 7:02 p.m. Alberto Angles, Associate Member, arrived at 7:07 p.m. Alison Lescarbeau, Clerk, arrived at 7:11 p.m. John Simons was absent. William Scott, Director of Community Development was present. The meeting was called to order at 7:05 p.m. Minutes: The minutes of May 6, 1997 and May 20, 1997 were continued until June 17, 1997, Discussion: Forest View Estates --preliminary plan Tom Laudani was present to represent Forest View Estates. Mr. Laudani stated that this project was recently denied by the Planning Board. Mr. Laudani stated that he submitted this preliminary on May 6, 1997 prior to the Town Meeting zoning change on Rt. 114. Mr. Scott stated that he recommends the board to restate some of the issues they had in the past with this plan. Mr. Scott also recommends that DPW should be a part of the definitive plan. Mr. Laudani stated that the plans have been sent to John Chessia. Mr. Rowen asked Mr. Scott if he could go through the old file and get all of the issues that they have had in the past. Mr. Scott stated that he could do that. Mr. Mahoney asked what was different from the old plan. Mr. Laudani stated that this plan exceeds the requirements for a preliminary submission. Mr. Laudani stated that this plan shows an off site sewer plan. Mr. Stapinski, of Merrimack Engineering, showed the Board the new plans which have a total of 98 lots. Mr. Rowen suggested that they resolve their issues with drainage before they submit their definitive plan. Mr. Rowen also stated that he would like to see what areas you're opening up for other developments when the sewer exists on Rt. 114. 1 Mr. Rowen asked Mr. Laudani to pay attention to the playground area that they talked about during the last plan because there are going to be a lot of children in the development and they are going to be near a highway. Mr. Laudani stated that he knows it is important that we fit the needs of the community. Mr. Mahoney asked if there were any plans to access Harold Parker Forest. Mr. Stapinski stated that there are 3 access points to enter Harold Parker Forest. Continued until June 17, 1997. Boston Ski Hill -preliminary plan Chris Huntress, of Geller Associates, was present to represent Boston Ski Hill. Mr. Huntress stated that at the TRC meeting he thought they came out with a favorable report. Mr. Huntress showed a plan from 1989 of Boston Ski Hill which is on record. Mr. Huntress stated that he filed the new plan with the town prior to the Town Meeting vote on the zoning change on Rt. 114. Mr. Huntress showed the Board the new plan. He stated that there is a total of 70% of open space preserved and there is a total of 34 acres. They are planning to build a 3 lot subdivision. Mr. Mahoney asked how are you working with the sewer. Mr. Huntress stated that they have every intention to work with the other developments. Mr. Scott stated that they have locked in the zoning rights and 3 lots gives them the road access. Mr. Huntress stated that they are looking for the Planning Board to approve their preliminary plan. Continued until June 17, 1997. Lot 8 Long Pasture Estates - correspondence Mr. Scott submitted the Board with a letter stating that Mr. Crowley is required to submit the security for the remaining improvements on both off and on site infrastructure. Heritage Estates -update Paul Donahue was present representing Heritage Estates. Mr. Scott stated that we need an agreement to begin the review. Mr. Scott stated that the Board needs to establish dates for issuing permits. Mr. Scott read from his recommendations stating that the applicant should have the willingness to pay the necessary fee's to the current fee schedule. Mr. Scott also stated that since 1987 there have been a lot of different levels of engineering review and may be cause for closer scrutiny. Swimming pools are an issue and they need to be looked at more closely. 2 Mr. Scott stated that when the clock starts ticking there are no extensions of time and time will just run out for the applicant. Mr. Mahoney stated that it is a necessity to have a time limit on the public hearing. Mr. Scott stated that after the memo is signed we can lock in a time. Mr. Donahue stated that he is ready to proceed subsequent of the 17"' and would like to start the Public Hearing. Mr. Scott stated that the time limit could be 60 days from the agreement. Mr. Donahue asked who's responsibility is it to make sure that the progress is continuing. Mr. Rowen stated that it is the developers. Mr. Donahue asked what will be the process of the abutters. Mr. Scott stated that he will ask Town Council on how the applicant will have to proceed with the notification of abutters. Mr. Rowen stated that since we are moving forward why not get the plans in today. Mr. Scott stated that he does not want to touch anything until we have a signed agreement. Continued until June 17, 1997. Merrimack College - establish a bond Mr. Scott recommends that Merrimack College give a bond through Reliance Insurance rather than a cash bond for the reason that their accountants recommend that for organizations such as theirs they should be able to have an insurance bond. On a motion by Rowen, seconded by Ms. Lescarbeau, the Board voted unanimously to allow Merrimack College to issue a bond through Reliance Insurance instead of a cash bond. Continued: Red Gate Pasture - definitive Ben Osgood Jr. was present to represent Red Gate Pasture. Mr. Mahoney stated that the only issues from the site walk were drainage issues. Mr. Mahoney stated that the contour of the property was not as bas as he thought. Mr. Rowen stated that he was concerned with the ponds on the hill and is also concerned about the drainage. Mr. Rowen stated that the water leaves by Mr. Cyr's property then goes across Salem Street and into a ditch and then into Mosquito Brook. Mr. Rowen stated that the first plan had the pond on the street and it could be built up. Mr. Osgood stated that he could berm an area to hold more water. Mr. Mahoney asked what it was to berm. Mr. Osgood stated that a burm was a narrow ledge along a slope. 3 Mr. Mahoney stated that the property at the bottom of Foxwood has no yard because of the detention pond and Mr. Mahoney stated that he does not want to see another pond on Salem Street. Mr. Osgood explained the different effects of having the berms. Mr. Osgood stated that he is trying to set up a meeting with John Chessia, Towns Outside Consultant, for Monday some time. Mr. Osgood stated that a berm would keep sheath flow off of the Cyr's property. Mr. Rowen stated that by having detention ponds on the owners property makes them to be responsible for maintaining them and does not feel that it is a good idea. Mr. Scott stated that if the residents want to put a deck on they would have to go before the Board because you can't cut into the slope. Mr. Nardella asked if Mr. Osgood could try to move the houses around. Mr. Osgood stated that they are proposing sub-drains at the top of the slope. Mr. Scott stated that they're concerned about the upper basin and the pipe on the bottom of the hill. Continued until June 17, 1997. Decisions: 200 Chickering Road (Rennes) - site plan review The Board agreed to set the bond for 200 Chickering Road for $25,000. On a motion by Mr. Rowen, seconded by Mr. Mahoney the Board voted 3-2 to approve 200 Chickering Road site plan review, the site plan review was denied due to the fact you need 4 votes. Mr. Nardella asked if the applicant would like to know why they denied it. Mr. Shaheen stated that he thought the Public Hearing was closed. Mr. Nardella stated that the applicant should come back to resolve the issues of public safety and traffic issues. Mr. Nardella stated that there is an open door for further reconsideration. Ms. Lescarbeau stated that she does not concur with items 1&3 of the decision. Ms. Lescarbeau stated that it that it is not an appropriate location, the building is not appropriate and it is a safety 4 hazard to the town and area. Ms. Lescarbeau stated that she does not feel that she can be persuaded. Mr. Shaheen stated that if it meets the bylaws then the permit must be granted, that's what the law says. Mr. Mahoney stated that they have followed the laws and statute. Mr. Mahoney feels that we have no right not to grant this. In his view the applicant has done everything they were supposed to do. 757 Turnpike Street (Stop & Shop) - site plan review The Board agreed to set the bond for 757 Turnpike Street for $25,000. On a motion by Mr. Rowen, seconded by Mr. Nardella, the Board voted unanimously to approve the decision as amended for 757 Turnpike Street site plan review. Endorse Plans: Lot 3 1 A Weyland Circle-Form A Mr. Scott recommends the Board to sign the plan. The Planning Board signed the Form A plan for Lot 3 1 A Weyland Circle. Bonds/Lot Releases: 94 Flagship Drive (Chemlawn) -bond release Mr. Scott recommends the release of the bond. On a motion by Mr. Nardella, seconded by Ms. Lescarbeau, the Board voted unanimously to release the remaining balance of$3,000 plus interest for 94 Flagship Drive. Windkist Farms - lot releases Mr. Scott recommends the release of the lots. On a motion by Mr. Nardella, seconded by Mr. Angles the Board voted unanimously to release lot 1-18 of Windkist Farms. Windkist Farms -bond release 5 Mr. Scott recommends the release of the bond. On a motion by Mr. Nardella, seconded by Mr. Rowen, the Board voted unanimously to release the remaining balance of$15,000 plus interest. On a motion by Mr. Rowen, seconded by Mr. Nardella, the Board voted unanimously to adjourn. The meeting adjourned at 9:30 p.m. 6 ci Gives_ Y-eoy- or Q Ccyv-r t -�- kb -�c(E� r � a C pc-)n arm W'Q U CAS ,rit) R e � JkA-- -C) s 6 C C`s C oux-A-- L m b h MIA l l� 1ST CLAS L William Scott, Director North Andover Office of Community Development& Services 30 School Street North Andover, MA 01845 Re: 200 Chickerin&Ro e=ie's Dever meat Dear Bill: As I stated last week, I found a Land Court case which states that in site plan approval decisions a simple majority is enough to grant the permit. I have enclosed herewith a copy and apologize for the quality of the photocopy but I got this in its condition from the Land Court. This case was upheld on appeal pursuant to Rule 1:28 of the Appellate Rules. Since the vote on this development was 3-2 in favor,the permit was in fact granted.I believe this ease eliminates the need for our appeal and I am requesting on behalf of my clients that the site plan permit be issued forthwith. Obviously any further delays will result in additional monetary damages incurred by my clients. Should you disagree that this decision allows you to issue the permit please advise me immediately so that may proceed with the appropriate legal action necessary to obtain the site plan, permit that my clients are entitled to. Thank you in advance for your prompt attention to this matter. f re. Shaheen cc: Joseph Scott David and Carol Rennie Robert Halprin, Town Manager Joseph Mahoney, Esq. 03/10/1992 04:24 5087940890 SHAHEEN LAW OFFICES PAGE 02 - -_ .,;i�a •�..�;�;..,:,.,.. Miscellaneous .L 4 �; �- Case No 129405: .7 CLEAN-`'HARBORS OF BRAT IA(TREE _ 2` ` Piain_tiff f �. ]] RICHARD G. PARSONS, ELIZABETH A. PIRCIO, ALLAN FITZSIMMonS JOSEPH W. AIELL O and ROBERT TIERNEY, as they are members ®f the PLANNING BOARD OF THE GOWN OF BRAINTREE, FRANK V. MARINELLI, SR., Inspector of Building= for the TONN OF BRAINTREE and THE TOWN OF BRAINTREE, Defendaats DECISION The Plaintiff filed i.s complaint in this matter on August 31, 19&-3 seeking a declaratory judg ent, pursuant to G.L. C. 240, §14A, to determice Whether or not a "site p'.on review special permit" g is require d under th Zoning By-law ("By law") c� PPression e the Town of Braintree for the installation e certain fire detection ant su tallation ®° equipment and related structures ®d its facility in Braintree. The Plaintiff also appeals the decision of the Braintree Planning Board ('Board") denying its application for a "site la,� review special p P permit" fO. various reasons, including the requirement i:� the By-law as followed bf the Board, that four affirmative? votes were necessary to grant the permit® The Plaintiff further appeals,pp pursuant to G.L. c. 40A, §17, the Board's decision denying its application for a "sit= 03/10/1992 04:24 5087940890 SHAHEEN LAW OFFICES PAGE 03 . d 1 review special p-rmit." This cause came on to be heard on November 28, 1988 on the Plaintiff's motion for summary judgment: I rule that there are no genuine issues of material fact c oncerning the matter under G.L. c. 240, §14A or as to the requisite" vote:=-ncessary approve the "site plan special permit." Accordingly, as to these issues, the case is ripe for summary judgment pursuant to Rule 56, Mass. R. Civ. P.; Community National Bank v. Dawes, 369 Mass. 550 (1976). After considering the affidavits, the uncontested portions of the pleadings and arguments of counsel , I find . the following facts to be undisputed: 1. The Plaintiff is the owner of approximately eleven acres of land located at Lancaster Road and Hill Avenue in Braintree ("Property"). The Plaintiff operates a hazardous waste facility thereon. 2. Since May 4, 1987, the Property has been zoned "highway/business", which zone does not permit such facility, however, the property continues to have the rights of industrial zoning due to the timely filing of s* perimeter plan under G.L . c. 41, §81P. 3. The Plaintiff maintains a number of storage tanks containinc flammable materials on the Property in an area enclosed within a concrete dike. The Plaintiff proposes to install an automated foam fire suppression system, consisting of pipes, sprinklers, detectors and related fixture° located largely over the tanks. The equipment, in turn, wil� be protected from the weather-- by a roof consisting of corrugated metal panels. The installation will be supported on steel columns and rafters. It will be approximately 36 feet high, 178 feet wide and 150 feet long. - z ® 03/10/1992 04:24 5087940890 SHAHEEN LAW OFFICES PAGE 04 4. In early March of 1988, the Plaintiff applied for a building permit for the above project, however, the Building Inspector, believing site plan review to be a pre requftfte9.denied 06 permit. 5. On lurch 11, 1988, the 'Plaintiff filed for a "site 'pian-'revie► = special permit", preserving its Position that no such review n y is neeessery, in this instance. The matter was heard by four members of the five Imember Planning Board on April 19, 1988® On August 26, 1988, the Board voted to deny the application by a vote of three in favor to one opposed. In consideration of the foregoing, I find and rule that the installation as proposed by the Plaintiff requires site plan review under §137-711 of the By-law. The language cited by both parties is found in paragraph "D" of Section 137-711 and reads in part; . . . The site plan review requirements of this section shall be required for . . . all projects in the general business, highway business, and industrial zones where the first floor area of the new structure, or extension of an existing structure is 500 square feet or more. While the Plaintiff's contention that the floor area of the "new structure" will not exceed 500 square feet may have merit when read with the By-law definition of "Floor Area-Gross", I find that what -is proposed is not a "new structure" with less than 500 square feet of floor, but rather, it is an extension of an existing structure, specifically the diked tank areas, and hence, site plan review is required. Having found that the By-lag requires site plan reutiew for the Plaintiff's project, I find that the three-to-one vote of the Planning Board approving such plan was sufficient and did, in fact, grant approval to the Plaintiff. - 3 - 03/10/1992 04:24 5087940890 SHAHEEN LAW OFFICES PAGE 05 l As i preliminary matter, I firr the term ,Special permft. for site plan rerfew" as used throughout the By-jaw to be a °snorter ,zjasrrtrch as the pracedrre described in-the By-1 could more p irly be ed "site plan review" or '"site plan approval®, rather than a "special) p t" as such is dvffine= by statute. A brief review of c- 404, §9'discloses that the permit thareir envisioned pertains to specj:ic uses. Fran, the second p&-agr uh Of that section refers to tike Provision of "cer:Ain men »ace, trgffi-- or pedestrian improv�n z: . or other amerr°ies", bu; such items ire tied directly to an incr-aase Demiss-Me tensty of pop;:"cd ion or int--isity of a particular use. By Grin s 9 the' atuzir y r-_^qui rents of c. 41A, 9 wi®i the resui r n o-' =lion ?35®7?1* too very di g--rent t�:e5 rr rexlew ?re desmon5_ra.ad. Th= By-Taw a=aces at s.2-6'.Or lv=--®. 3}(?; that api- ;cat'ons �r s_eclz_ permit for s`te rTan reV==_W S.7.2- a-2 ac=ed t-e P'_nnin: Boa-_ as provide: ... lrt=a-o y: Sa=_'7n $v:-:ion 135-El-'_2 deals P-:-a' _r_1:is as 3utroriz;n by 4-;! " B--h -re BY-law -d the s:atd:a �Tui°= e °=r;a;=,e tr3tes 3r' at mJnbe_ of a f''re :fiber bcar` . a�� „ - - - s is pets. As a:,7ve. how=ver, -nardleos O rie °'_ noce-<:la ire. Sect-on -7�0 e_-ho--zes site ;,'an rev=ew anc lot _ of pa-nits. _ is clew° thr s=eciz' pernits site )la-r re%-dw na ire E,d 6: Pe ---:orm saps°=°® and oi;fer=.° fuo.�.�®s. at�nerally, if t-e a°ea :nd L5e c °aria s=ots =r the ax _ie c'szr _ionary pw _r to teny 7-ether, the Boa-i is 1irr =P 'noos*zg riasonas`e terms =nC a:nd`,=:rea P%den=ial :nsur_nce Y. 6:ard of Atoeals e westwJod_ '81 J86}. Mc-=ov_r, 03/10/1992 04:24 5087940890 SHAHEEN LAW OFFICES PAGE 06 the By-law it-sel= reragniz di�dnczaons at SWion 136-711(0(5), while stating in Part: ", . . All ate plans coMlyina with this s-__tior and which do not tend to impair th, safety, cDRmienc8 and welfara in general shall be app ed.3- re is tittle question thet the Town of Braintree is jell aware 9f the dis—zincti _ scIT v. plannino Board of Braintra, 19 :.4ass_ App. _Ct. -01, Los, Note 12 (1984). e BY statute, :'e a�fi rmat;ve eote if fair mmb@rs of s fire per boa:,_- (°su?er majority®) is required =®r ar mal o; a spec°z1 °-ji6 (c. 40A §9), variance, x to reverse arc oriar Orr derision of ary mtainist°stiv® of€iciai (c. 40�, §1=). iere fs ru suc;r requirement for azprova' of sits :ien aacroa�? aDeiieat-on. Whe-i th= iecisleture ia, i osed e sup 7zj^-=av vo r�_ ireriEnt i- th_ foreznine sit`ation3 _-°s'°_ =_r _. 40'. the ._-�=zzce of each -equi-wen. els�wher, is a --o per= - _ . _i�o -arris v. wa lard, li Maes. ''-gip. __- ,86 :38a . -mss abiisW in Tunicipa,, con= lag that, in the absence of a P SL {Jt®N prwisia l► a pajoray V' d qjortm CoAsisli ng of as I r791 e F.-idjarity of a ccllad.jve bo4y i= empa,ered to acct for that fwd tri_ tha. tha zor -rg iower i s Y.v rnun=_..a D--wnrs Of _'ties and .owns Inclided =n _ - . to =:� tc adopt regalavins `-jr -ie e'_ --he ( —lemane RL-e Anendr,-_-qt"):, Board Hoye _ `� a1a :our, 361 Ma'%. = _ {- 2 a1 mo siae®-e's eupra<ne pix er -.1 zmnine rr-_-5. =s an: recccniz*d lr c. AM, Iun - - _a% e. _.p` n _,'ec_ =ere-nine _ens`ty and L!�-z -- 03/10/1992 04:24 5087940890 SHAHEEN LAW OFFICES PAGE 07 municipality and amend such regulations as may be reasonably desirable. However, the legislature in the exercise of its reserve powers under §8 of the Amendment has in c. 40A established a method uniform throughout the Commonwealth for the administration of zoning regulations. There.: is ;no it nt f r site lan a roval in the statute ' and 'no authority elsewhere for a municipality to adopt one. i I find that su h rt'o th 8 ®1 w s e it a four vote a roval for site plan special permit applications are InAS-Mu-c-h- as „ a sim 1e ma. orit is e11 that is necessary and consistent herewith I find that the vote of the Board on August 26, 1988 approved and granted the Plaintiff's application. Should the Plaintiff's appeal under c. 40A, §17 become material , I find that insofar as that section requ-res a hearing de novo, and as the Defendants have raised certain material questions of fact, the motion for summary judgment thereunder must be c®nied. Judgment accordingly. f� o ert-1f. auchon Justice Dated: February 7, 1989 t � 6 - LAW OFFICE OF IF-,T l :]ll G. 8 IHI A 1Hi If']E IN CHESTNUT GREEN 565 TURNPIKE STREET,SUITE 81 PETER G.SHAHEEN• NORTH ANDOVER, MASSACHUSETTS 01845 TELEPHONE 508 MEGAN J.TAYLOR 689-0800 'ADMITTED IN MA fl NH FAX 508 794-0890 June 12, 1997 VIA FAX AND 1 ST CLASS MAIL Joel B. Bard, Esq. Kopelman & Paige 31 St. James Ave. Boston, MA 02110 Re: 200 Chickerina Rd.-Site Plan Approval/Rennie vs Town of North Andover Dear Mr. Bard: Please be advised that my office represents David and Carol Rennie and Scott Construction Company with respect to their application for site plan approval on the above referenced property. I understand from Bill Scott that you are aware of this situation and so I will not belabor the point that, in our opinion,two members of the Planning Board acted in, under the best view of the facts, an arbitrary and capricious manner in voting to deny site plan approval for my clients' project. I have attached a case, Clean Harbors of Braintree vs. Parsons, a 1989 Land Court decision by Judge Cauchon which states that site plan approval requires only a simple majority. I'm sure you are familiar with the other important site plan cases such as SCIT, Prudential, Gutierrez, etc. which follow along this reasoning, i.e. site plan approval special permits are not chapter 40A sec. 9 special permits. Thus as Judge Cauchon has stated in this case a super majority is not required for site plan approval. Bill Scott has asked that I contact you to discuss this matter. It would be greatly appreciated if you would call me at your earliest convenience after you've had a chance to review this case. ince -1 , P ter G. Shaheen cc: Clients Bill Scott Robert Halprin Joseph Mahoney, Esq. LAW OFFICE OF 13 E 111 I Ifs JUR G© H H A IN E T'Cx I CHESTNUT GREEN 565 TURNPIKE STREET,SUITE 81 PETER G.SHAHEEN` NORTH ANDOVER, MASSACHUSETTS 01845,` '��.„�.� "° .-^�_" f TELEPHONE Sda —.-.-_..._ 689-0800 MEGAN J.TAYLOR —"--""""- FAX 508 'ADMITTED IN MA a NH 79n-0890 June 20, 1997 VIA FAX AND 1 ST CLASS MAIL William Scott, Director North Andover Office of Community Development& Services 30 School Street North Andover, MA 01845 Re: 200 Chickering Road/Rennie's Development-Site Plan Approval. Dear Bill: It is understood from our last discussion that you have not yet filed the decision of the Planning Board regarding the above referenced matter. If your recollection is different please let me know. I also understand that this matter may be brought forward on Tuesday night June 24, 1997 for reconsideration. As of now I don't expect to attend. As a courtesy it would be appreciated if you would let me know what if any actions are taken that night. Thank you for your help and cooperation. Sinc -el , er G. Shaheen cc: Joseph Scott David and Carol Rennie . \ LsowARoxopELw^m Kc)pELmAw AND PAIGE, P. C. Js^wwco. wcxm/s*T DONALD m. PAIGE JUDITH c. CUTLER ELIZABETH A, L^ws ^TTonwE's AT LAW mo*^noBowsw KATHLEEN w.o'onmwsu JOYCE FRANK n/ sr� J^wss ^vEwus CHERYL ANN PERRY Joxwm' cmno/o DAVID J. omwssm BARBARA J. SAINT^wons eoarow, MASSACHUSETTS 02116-4102 s^wox^ c*^»row �vsLo B. BARD /�^w^ u� ovmx BRIAN ,^ RILEY EvcnETrJ. w^nosn aos,ow n'r/cs Joxw J. xswwEY, /n. PATRICK J. oosrcLuo (617) 556-0007 u^n, L. amns/n JosspH L rs*^w �n FAX x^r*ussws. cvmwou, ' � MICHELE E. p^wo^zzu ^ww=M^n/E M. *'L^mo woe,*^wpruw urr/cs PETER J. rEvEna^ox ------- (413) 585-8632 MARY JoHARRIS WILLIAM *smsIII THOMAS n. mosm^ws, THERESA M. onwo, wvecssrsnorp/cc DEBORAH ^. su^snw (508) 752-0203 OREE July l\' l9D7 i \ y � BY FACSIMILE (508) 688-9507 | _ Mr. Robert j. lIulob/ Town Manager North Andover Town Hall � l20 Main Street � North Andover, NIA 0 184 � Re: Required Quantum of Vote for Site Plan Review-200 Chickering Road Dear Mr. Halpin: You have requested oiy opinion as to the required quantum of vote for approval ofusite plan � pursuant tothe Town's Zoning By-laws. Section 8.1l(b) of the Zoning states that site plan approval shall require a special permit. Pursuant&o the State Zoning Act, G.Lo.40&, 89' a special permit requires at least four votes of a five-member special permit granting authority (such as the North Andover Planning Board). It is,therefore,n-iy opinion that that four votes are required to approve a site plan in North Andover. � / I have reviewed fhe 1989 Land Court decision, Clean Harbors of Braintree v. Braintree Plannin Board, provided by counsel for the owners of2O0CbiokudogRoad. While that decision reaches udifferent conclusion from mine, the decision was aubyuguozdly"vacated", i.e., set aside and rendered ineffective, by the Massachusetts Appeals Court. 30 Mass. App. CL 1109 (1991). A copy m{the Appeals Court's brief ruocdp1 decision ioattached. I would also add that, iu any event, u Land Court decision(vvoroi1utd) io � ` � ofIeoA is binding only in the municipality which is party to the )n=end. � Plouuu do not hesitate io contact me if you should have further questions regarding this zouuec Very truly yours, � '_ '__ { � jelyB� 0md Eric. cc: Planning Board 27895/nxoo/9999 PRINTED ON RECYCLED PAPER 30 Mass. App. Ct. 30 Mass. App. Ct. suant to Rule 1:28. 1 109 Decisions Pursuant to Rule 1:28. )RY RETIREMENT APPEAL BOARD. No. 89-P- plaint for contempt to determine if the husband has failed to comply with the terms i of the divorce judgment in furnishing the note with six percent interest accompanied by security reasonably satisfactory to the wife. 1 21, 1991. CITY OF WORCESTER vs.ROBERT J.O'KEEFE(and a companion case). Nos.89-P- 593 & 89-P-594. The judgment entered on December 27, 1988,in the consolidated } OTARTOMASO. No. 90-P-125. The judgment actions,and the awarding of costs on January 25, 1989,are affirmed.The matter is 1 verdict is set aside, and the indictment is remanded for a hearing on O'Keefe's G. L. c. 231, § 6F motion. 38-0355 is vacated and the case is remanded thout a hearing the defendant's "Motion to " ernative to Revise and Revoke Sentences"is April 1, 1991. CHUNG YING vs. BRIGHAM AND WOMEN'S HOSPITAL. No. 91-P-414. Order i MARSiNELLI. No. 90-P-341, Judgment affirmed. April 4, 1991. 1 22, 1991. COMMONWEALTH vs. LEONARD J. PARADISG. N0. 89-P-1139. Order denying the (eYER. No. 90-P-731. The 'ud amended motion for a new trial affirmed. cons stent with HAYM SoLOVetrcxlK vs. ISADORE TWERSKY.No.89-P-1257.Judgment affirmed. nded for further proceedings )eals Court on file. April 5, 1991. 28, 1991. I VIRGINIA HAYDEN CLARK vs.FREDERIC T.GREENHALGE,SECOND,executor.No. 89-P-794. Judgment affirmed. Further appellate review granted, 410 Mass. 1103 10. Nos. 87-P-644 & 89-P-I 168.Judgments (1991). 1 trial affirmed. COMMONWEALTH vs. THOMAS MCAFEE. No. 89-P-137. Judgment affirmed. NIAMIN BOLDT. No. 89-P-1285. Judgment WILLIAM EUBANKS VS. COMMISSIONER OF CORRECTION. No. 89-P-598. The order of the Superior Court that the plaintiff was held in lawful custody and not in viola- tion of any of his statutory or constitutional rights is vacated.The case is remanded OMPANY, third-party defendant. No. 89-P- to the Superior Court for the entry of a judgment declaring that the violation of the new trial affirmed. plaintiff's due process rights resulted in his being unlawfully held in custody beyond the expiration date of his sentence,and for such further relief as may be consistent 29, 1991. ` with the memorandum and order of the Appeals Court on file. NER OF CORRECTION & others. No. 90-P- 1 April 8, 1991. was taken is vacated with a notation that e case is remanded to the Superior Court COMMONWEALTH vs. ARNOLD JELLEY. No. 90-P-340. Judgment affirmed. COMMONWEALTH vs. TYRONE SMITH. No. 89-P-1158. Judgments affirmed. '... v. No.90-P-103. Order denying motion to on indictments 87-2168 through 87-2173 April 11, 1991. FITZGERALD. No. 90-P-512. Judgment .COMMONWEALTH VS. CLARENCE BAKER. No. 90-P-498. Judgment affirmed. '.. GARDINIER. No. 89-P-1035. Judgment April 12, 1991.' rial affirmed. I. No. 89-P-787.The denial of the motion CLEAN HARBORS OF BRAINTREE, INC. VS. PLANNING BOARD OF BRAINTREE & and the judgment and order of contempt others.No.89-P-929.The judgment is vacated,and a new judgment is to be entered 'he judgments of contempt of February 6 declaring that the fire suppression canopy installation proposed by the plaintiff does ier 6, 1989, are vacated. The case is re- not require site plan review under § 135-711 of the Braintree zoning by-law. or a hearing on the amended 1987 com- • f LAW OFFICE OF J-P IN't'IFI R (CL IH{A 1HI EFv,E N CHESTNUT GREEN 565 TURNPIKE STREET,SUITE 61 PETER G.SHAHEEN' NORTH ANDOVER, MASSACHUSETTS 01845 TELEPHONE 508 —......_ 689-0800 MEGANJ.TAYLOR FAX 508 °ADMITTED IN MA s NH 794-0890 July 24, 1997. � 2 �3, Planning Board Department Town of North Andover 30 School Street North Andover, MA 01845 RE: Dorothy J. Rennie and Scott Construction Company,Inc.vs. Richard Nardella, Alison Lescarbeau, John Simon,Alberto Angeles,Richard Rowen, & Joseph V. Mahoney as they comprise the North Andover Planning Board and The Town of North Andover LAND COURT MISCX 240275 Dear Sir/Ms.: Enclosed please find (6) copies of Amended Complaint filed with Land Court. The amendment was to correct the legal name of the plaintiff, Scott Construction Co., Inc. Very truly yours, Peter G. Shaheen PGS:eaa encl. Town ®f North Andover 04 AORT-4 OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 0 30 School Street North Andover,Massachusetts 01845 y9ss�o�HUSE��y WILLIAM J. SCOTT Director September 23, 1997 Peter Shaheen, Esq. 565 Turnpike Street North Andover, MA 01845 Re- D. Rennie v. R. Nardella, et al Dear Mr. Shaheen, The Planning Board met this week to discuss the Rennies project. As you are aware the Planning Board did not approve the site plan review application based upon concerns regarding public safety, traffic and the location of the building. In order to address these concerns, the Board would like your client to provide them with an overall site plan for all of the property owned by the Rennies including the residential parcel. This will allow the Board to determine whether the location and size of the commercial building and the entrance and exits to and from the site are appropriate given the future development plans for the adjacent residential parcel. If, in creating the overall site plan, your client determines that she would like to develop the entire parcel commercially, the Planning Board would be willing to discuss a rezoning of the property. If you have any questions please do not hesitate to call me at (978) 688-9535. Very Truly Yours, Kathleen Bradley Colwell Town Planner cc: Planning Board W. Scott,Dir. CD&S R. Halpin, Town Manager J. Bard,Kopelman&Paige D. Rennie CONSERVATION-(978)688 9530 • HEALTH-(978)688-9540 PLANNING-(978)688-9535 *BUILI)INGOVFICY.-(978)688-9545 • *ZONING BOARD Or APPEALS-(97S)688-9541 • *146 MAIN STRrtET FROII PETER SWAY EEN ESC? PI-90NE 1-10, 978 791 0590 ,Tan. 17 1995 0:40AM PI Suc--) FAx LAW OFFICE OF PE its TRANSM- ISSI A,� 565 TURNPIKE `°-+'TReET, 'UITE 8 1 NORTH ANDOVER, MAO 184 FA)c: 976/794-Osgo To: Kathleen Colwell Date: Januaq/ 16, 1998 Fax s 6889542 Pages: including cover sheet. From- Peter G. Shaheen, Esq. Subject: Rennie's COMMENTS: PLEASE CALL W/QC1i S TIO S AND/OR COMMENTS This telecopy is attorney-client privileged and contains confidential information intended only for the above-named Any other distribution or disclosure is strictly prohibited. If yoga have received this telecopy in error,please notify us immediately by telephone and return the original transmission to us by mail without making a copy. FROM : PETER SHAHEEN ESO PHONE NO. : 978 794 0890_ Jan. 17 1998 07-:40AM P2 01/_�lb99^o 4:5� b038936733 WiF DESIGN o PAGE 02 No fn owl. b� \® r e 1 11 cv N vp � 6 � C}4� y t14 i P � AM Town of North Andover , NORTH OFFICE OF 3�O COMMUNITY DEVELOPMENT AND SERVICES 30 School Street ^o9 North Andover,Massachusetts 01845 "ss,cHUS���� WILLIAM J. SCOTT Director October 3, 1997 Peter Shaheen, Esq. 565 Turnpike Street North Andover, MA 01845 Re: Rennie vs. Nardella Land Court Misc. No. 240275 Dear Attorney Shaheen, Thank you for your letter of September 29, 1997. I have forwarded copies of your letter to the Planning Board and have spoken with the Chairman regarding an appropriate response. The Board members were clear in their direction at their last meeting regarding a potential resolution of this suit. I therefore reiterate their request for an overall site plan for all of the property owned by the Rennies including the residential parcel. Again, this will enable the Board to determine whether the location and size of the commercial building and the entrance and exits to and from the site are appropriate given the future development plans for the adjacent residential parcel. If you have any further questions or would like to meet with the Board concerning the creation of such a site plan please do not hesitate to call me at 688-9535. Very truly yours, Kathleen Bradley Colwell Town Planner cc. Planning Baord W. Scott,Dir. CD&S R. Halpin, Town Manager J. Bard,Kopelman&Paige D. Rennie CONSERVATION-(978)688 9530 ° HEALTH-(978)688-9540 • PLANNING-(978)688-9535 *R1ITT-DTNr_()FF1CR-!9791 688-9545 ° *7ONTN I10ART)OF AT)PF.AT.S %n7P1 f,"11-9541 • *1d6 MATN STREET Y'own of or'th Andover 1 NORTH OFFICE OF 3�°tt '6,a4, COMMUNITY DEVELOPMENT AND SERVICES ° � A 30 School Street a a WII LIAM J. SCOTT North Andover, Massachusetts 01845 yq „EO"app`�5 S Director SACHUS�t June 10, 1998 Ms. Vera Curcio 23 Edgelawn Avenue North Andover, MA 01 845 Dear Ms. Curcio, I am writing in response to your letter that I received today regarding copies of return receipt notices for mailings to abutters. As required by MGL ch. 40A, Sec. 11 the Planning Board mails notices by regular mail postage prepaid which does not require return receipt notice. Therefore there are no notices for you to review. MGL ch. 40A sec. 9 and 11 require mailing of notice to parties in interest. The identities of these parties in interest are taken from the most recent applicable tax list. The assessors maintaining the list certify the name of the parties in interest and"such certification shall be conclusive for all purposes". If you did not receive notice then you are not a party in interest as defined under the law. If you have any further questions please do not hesitate to contact me at 688-9535. Very truly yours, Kathleen Bradley Colwell Town Planner CC. R Halpin,Town Manager W. Scott,Dir. CD&S R Rowen,Chairman,PB BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North Andover NORTH OFFICE OF 3�oy,. .° ,tie L COMMUNITY DEVELOPMENT AND SERVICES ° -' A * - 146 Main Street North Andover,Massachusetts 01845 4,T.° WILLIAM J.SCOTT �SSACMUS�� Director Ms. Elvira Curcio 23 Edgelawn Avenue North Andover, MA 01845 RE: 200 Chickering Road Dear Ms. Curcio, I understand your concerns and want to address them as soon as possible. If you would please put all of your concerns in writing and send them to the Planning Department I will gladly address them as soon as possible. I would like to remind you that all issues pertaining to zoning must be addressed to Robert Nicetta, Zoning Code Enforcement Officer. Sincerely Yours, Kathleen Bradley Colwell Town Planner cc: W. Scott, Dir CD&S BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 P._ id a E jal L SENT 8Y: StC OF STALE; 8- 7-98 3:46PM, 6177275914 =: 508 688 9542; #2/3 4A�ri .. ._._ .. ..... ..-.l l � ��rRr2�.j�.•�'�!!" c9"Y-./ .. Cam..<'„ / ' !.y'Za��"-� '.�,,''''.. f — � 2i2�E L1L / ._ .LG<' .�vG �s�2_:. ....JC-sl-G•� /- Gc:�•� ..__. C�.-�- " �._�,�u�-�..�� /�; �y� . ���- C. v-•�:'c�v.-i-�t ��:��2��-mot. I t +G� ) �� c.�</`�� (�{,c c.L-.l_ Cli•t,--�,�e` //�Gr=L�LG (���c��L: -L •���i-^`_.G. ��J�� SENT BY: SEC OF STATE; 8- 7-98 3:47PM; 6177275914 508 688 9542; ##3/3 r. MON — _ v The Commonwealth of Massachusetts `,'t/illiam Francis Galvin,Secretan' of the Commonwealth Public Records Division Carolyn Kclty .tiIacwillia.rr, ,Supervisor-of'Puhlic Records July 7, 1998 Case Number: SPR98/409 Elvira Vera Curcio 23 Edgelawn Avenue #6 North Andover, Massachusetts 01845 Dear Ms. Curcio: This office has received your letter appealing the lack of response of the North Andover Town Planner to your request for records. I have directed a member of my staff* to investigate this matter. When my review of the investigation has been completed, you will be advised in writing of the disposition of this case. Any further correspondence concerning this specific appeal should refer to the SPR case number listed under the date of this letter. Very truly yours, C OLYN O KE Y MACWILLIAM Supervisor of Public Records CKM/js One AshbUrton Place, 17th Floor,Boston,massachusetts 02108 • (617) 727-2832 • Fax (617) 727-5914 °fown of North Andover , NORTH OFFICE OF �?o•s• •• 4" COMMUNITY DEVELOPMENT AND SERVICES 0 p 30 School Street 0 •", North Andover,Massachusetts 01845 �9SS,CHUSE��h WILLIAM J. SCOTT Director July 10, 1998 .3 Ms. Carolyn Kelly MacWilliam Supervisor of Public Records Public Records Division One Ashburton Place 17''Floor Boston, MA 02108 Re: Case Number SPR 98/409 Dear Ms. MacWilliam, I am writing in response to a copy of a letter I received concerning a complaint regarding a lack of response on my part to a request for public records. Ms. Curcio has requested a number of documents and has asked numerous questions of the Planning Department and other Town Departments during the past few years. These requests have not always been clear however we have always responded in a timely fashion to best of our ability. I have received three written requests from Ms. Curcio and have responded to these requests in writing immediately. I have attached copies of these requests and the responses for your review. Although I do not have a written response to her request for a copy of the Planning Board decision my secretary will certify that a copy was sent. Please let me know if need any additional information however I am confident that you will find my responses complete and timely. I can be reached at (978) 688-9535. Very truly yours, Kathleen Bradley Colwell Town Planner cc. R. Rowen,Chairman Planning Board W. Scott,Dir.CD&S R. Halpin,Town Manager CONSERVATION-(978)688 9530 • HEALTH-(978)688-9540 • PLANNING-(978)688-9535 *BUILDING OFFICE-(978)688-9545 • *ZONING BOARD OF APPEALS-(978)688-9541 ° *146 MAIN STREET ee � �1 p 1998 The Commonwealth of Massachusetts_ William Francis Galvin,Secretan, of the Commonwealth Public Records Division Carolyn holly.tilacWilliam Supervisor of'Public Records July 7, 1998 Case Number: SPR98/409 Elvira Vera Curcio 23 Edgelawn Avenue #6 North Andover, Massachusetts 01845 Dear Ms. Curcio: This office has received your letter appealing the lack of response of the North Andover Town Planner to your request for records. I have directed a member of my staff* to investigate this matter. When my review of the investigation has been completed, you will be advised in writing of the disposition of this case. Any further correspondence concerning this specific appeal should refer to the SPR case number listed under the date of this letter. Very truly yours, ,P I u C OLYN KE Y MACWILLIAM Supervisor of Public Records CKM/js One Ashburton Place, 17th Floor,Boston,Massachusetts 02108 • (617) 727-2832 • Fax (617) 727-5914 'I®wn Of North Andover O f NORTH 1 OFFICE OF 31� �`t c 6,6 ti0 L COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street IL North Andover, Massachusetts 01845 WILLIAM J. SCOTT SSACHuSE Director t December 6, 1996 Ms. Vera Curcio 23 Edgelawn Ave. North Andover, MA 10845 Re: 200 Chickering Road - Site Plan Review Dear Ms. Curcio, I am writing in response to your letter dated December 3, 1996 concerning the procedural aspects of the site plan review application currently before the Planning Board regarding 200 Chickering Road. Your first concern deals with the posting of notice as required by Mass. Gen. L. ch. 40A, §11 which requires "posting such notice in a conspicuous place in the town hall for a period of not less than fourteen days before the day of such hearing". As you are aware, all of the legal notices for the North Andover Planning Board are posted on the board outside of the tax office. I have enclosed a copy of the notice for this project that was posted on November 13, 1996, nineteen days prior to the public hearing. Your second concern deals with the mailing of notice as required by Mass. Gen. L. ch. 40 A, § 9 which requires mailing of notice to "parties in interest". "Parties in interest" are defined in Mass. Gen. L. ch. 40 A §11. Under that definition you are not a party interest. I have spoken with Town Counsel on this issue and have asked him to put this opinion in writing. Your third concern deals with the zoning of the parcel upon which the project is proposed to be constructed. Although you are correct in stating that the land upon which the condominium complex is constructed is zoned for residential use, the land upon which the project is to be constructed is zoned for business. Your fourth concern deals with Chapter 297 of the Mass. General Laws. I am unable to find any such Chapter, however if you wish to provide me with a copy I will attempt to respond to your concerns. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 .l Your fifth concern deals with the Planning Board holding meetings at night during the winter months. All Boards in the Town of North Andover and the surrounding Towns hold public hearings at night on regular basis throughout the year. I hope that I have been able to address your concerns adequately. If yqu should have further questions please do not hesitate to address those concerns in writing to the Board. Very truly yours, Kathleen Bradley Colwell Town Planner cc. R.Halpin,Town Manager W. Scott,Dir. CD&S Planning Board iMTGE ;8RADSHAW 1°O.WN CLERK =gH ANDOVER hov 13 2 s7 165 FLAGSHIP DRIVE LEGAL NOTICE .200 CHICKERING ROAD `` w blAtAl`PARK STREETS PUBLIC HEARING NOTICE LEGAL NOTICE is `o".;it <• LEGAL NOTICE NORTH ANDOVER PLANNING BOARD PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE visions of Chapter NORTH ANDOVER PLANNING BOARD " <NORTH ANDOVER PLANNING BOARD In accordance with the pro ' .. . • , + ,"•+ 40-A, Section 11, M.G.L, the North Andover in accordance with the provisions of Chapter i.:' In accordance with the provisions of Chapter Planning Board will hold a public hearing on 40-A, Section 11, M.G.L; the North Andover 40-A, Section 11, M.G.L, the North Andover Tuesday evening, December 3, 1996 at 7:30 Planning Board will hold a public hearing on Planning Board will hold a public hearing on p.m. in the Senior Center behind the Town Tuesday evening, December 3 1998 at 7:30 : •., Tuesday evening, December 3, 1996 at 7:30 Building,lding, on the application of MHF Design p.m. In the Senior Center behind the Town : p m. in the Senior Center behind the Town Consultants,Inc.12-B Manor Pkwy.Salem,NH Bwiding, on the appllcatfon of Scott Comps- ' <' Building,on the application of Salvatore LupoA 03079, for a special Permit under Section 8.3 nles,12 Rogers Road,Haverhill,MA 01835,for ` for Sal's-Just-Pizza, 29 North Broadway, Sa- �SRe Plan Review)of the North Andover Zoning a special permit under Section 8.3 (Site Plan lem,NH 03079 for a special permit under Sea ylaw to construct a one(1)story, 19,295 sq. Review)of the North Andover Zoning Bylaw to tlon 8.3(Site Plan Review)of the North Ando- fL addition to the existing 31,690 sq.tL United ''; ver Zoning w to construct a one(1)story, Plastics Fabricated building to be used as a allow the construction of a concrete masonry& g Byla �, 2300 sq.tL building to be used.as a restaurant Manufacturing Warehouse, Office, located at wood one (1) story 16,900 sq.ft ckering for g commercial use located at 200 Chldcenng Rd. • at the Intersection of Main SL, Pant SL, 165 Flagship Drive,North Andover,MA in the I- North Andover, MA 01845 In the Business-1 Chickering Rd.•fn,the General Business DlshicL 1 DLqtricL District. I r app A copy of the application and plan may be in- A copy of the application and plan may be fn• ! A SPY atththe North Andover plan lanningy Board spected at the North Andover Planning Boa�rd i spected at the North Andover Planning Board during the hours of 8:30-4:30 Monday Office during the hours of 8:30-4:30 Morhday I Office during the hours.ot 8:3011:30 Monday I through Friday. through Friday.. ; .... r through Friday person Interested or wishing to be heard person Interested or wishing to be heard Any person Interested or wishing to be heard �Y Any on the application should appear;at the time . , " on the application should appear at the time on the application should appear.at the time and place designated �* ?�+ 'a'•: �;J:. and Place designated and place designated. ,, -Joseph V Mahoney,Chairman Joseph V.Mahoney,Chairman Joseph V.Mahoney,Chairman .� NorthAndover,PWw*V Board.' �''": North Andover Planning Board North Andover Plaruumg Boats North Andover Chlizen,.11!13;11120196... North Andover Citizen,11113,11/20%. North Andover Cozen,11/13,11/20/98. Town of North Andover NORTH OFFICE OF .a'`�O't+ to 11OL COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street North Andover,Massachusetts 01845 ° ,_° 1SSACH S' WILLIAM J. SCOTT Director t PLANNING BOARD MEETING SCHEDULE OCTOBER THRU DECEMBER 1996 ALL MEETINGS WILL BE HELD AT THE SENIOR CENTER AT 7 : 00 P.M. mn October 1 , 1996 ' �szv:c� October 15, 1996 o'-'c.� November 5, 1996 NO b9MTING SCHEDULED DUE TO ELECTIONS c� November 19, 1996 December 3, 1996 December 17 , 1996 SignedrG�y ���:.�c!.�r� BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 ., .. ,., .. .. - ,: b�.,d,,. 4.,r s .._� . •,n..,'.v•..4 rC.un-:r.t. e:.�.- i.,..... :_.e�_a.., .r.a..U._.-.L.r1F>.a,....-..i.aa�p._. � P q r�- TOWN OF NORTH ANDOVER '? FEB 6 i99Y OFFICE OF TOWN MANAGER - 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 3 Of Robert J. Halpin ?•''.�� � °0 Telephone (508)688-9510 Town Manager a FAX (508)688-9556 si Y 'r SA February 5, 1997 Mrs. Elvira Curcio 23 Edgelawn Avenue North Andover, MA 01845 Dear Mrs. Curcio: I have received your letter of February 5, 1997. The comments contained in the letter are no different than those we have received from you over the past six or seven months. The Town has examined your comments and complaint on each occasion. I understand that you are not satisfied with the answers provided, however, I do riot see the benefit of a meeting to review these comments and complaints once again. Your recourse, if you believe that the Planning Board has failed to follow the proper notices and hearing procedures is to retain an attorney and file an appeal. I believe that we have responded to your complaint and plan no further actio this point. Very ruly u , ert . Halpin, Town Manager CC: Kathleen Bradley Colwell, Town Planner RJH:map G � - - _ v to CJ = - Z - - - .�-� -- - �- - { T f l u - - < ao r i Town of orth Andover t NORTN , OFFICE OF 3�o do°c COMMUNITY DEVELOPMENT AND SERVICES 0 p 146 Main Street i , North Andover, Massachusetts 01845 � 4°� ��"'y WILLIAM J. SCOTT SSAC►+US Director Ms. Elvira Curcio 23 Edgelawn Avenue North Andover, MA 01845 RE: 200 Chickering Road Dear Ms. Curcio, I understand your concerns and want to address them as soon as possible. If you would please put all of your concerns in writing and send them to the Planning Department I will gladly address them as soon as possible. I would like to remind you that all issues pertaining to zoning must be addressed to Robert Nicetta, Zoning Code Enforcement Officer. Sincerely Yours, Kathleen Bradley Colwell Town Planner cc: W. Scott, Dir CD&S BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 1 1 / ` 1 j 1 In ,2- - C TCFC ' I own of North®1 1.11 Ando 1.1 f AORTH � OFFICE OF F Oct + M COMMUNITY DEVELOPMENT AND SERVICES A 30 School Street W North Andover, Massachusetts 01845 II LIAM J. SCOTT �gssgc�HUS��cS Director June 10, 1998 Ms. Vera Curcio 23 Edgelawn Avenue North Andover, MA 01845 Dear Ms. Curcio, I am writing in response to your letter that I received today regarding copies of return receipt notices for mailings to abutters. As required by MGL ch. 40A, Sec. 11 the Planning Board mails notices by regular mail postage prepaid which does not require return receipt notice. Therefore there are no notices for you to review. MGL ch. 40A sec. 9 and 11 require mailing of notice to parties in interest. The identities of these parties in interest are taken from the most recent applicable tax list. The assessors maintaining the list certify the name of the parties in interest and"such certification shall be conclusive for all purposes". If you did not receive notice then you are not a party in interest as defined under the law. If you have any further questions please do not hesitate to contact me at 688-9535. Very truly yours, Kathleen Bradley Colwell Town Planner CC. R Halpin,Town Manager W. Scott,Dir. CD&S R Rowen,Chairman,PB BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town n ®f North Andover O E NORTH «io ,eIti OFFICE OF 3a ytj e COMMUNITY DEVELOPMENT AND SERVICES � p 384 Osgood Street " 2 North Andover,Massachusetts 01845 S...... S���y WILLIAM J.SCOTT Director August 7, 1998 Ms.Vera Curcio 23 Edgelawn Avenue North Andover, MA 01845 Re: Request for documents Dear Ms. Curcio, I am in receipt today of your request for information dated June 23, 1998. 1 spoke with Mr. Scott this afternoon and he stated that the only document he handed out at the June 3, 1998 Planning Board meeting was a draft decision for discussion. I have attached a copy of the decision for your review. As stated in the decision, Richard Nardella and Allison Lescarbeau voted "no". Mr. Rowen, Mr. Mahoney and Mr. Angles voted "yes". The vote was taken at the June 3, 1997 Planning Board meeting. If you have any further questions please do not hesitate to contact me at 688-9535. Very truly yours, Kathleen Bradley Colwell Town Planner cc. J. Walsh, Public Records Division BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 200 Chickering Road (Rennies) Site Plan Review-Special Permit 200 Chickering Road (Rennies) Site Plan Review - Special Permit The Planning Board herein by a vote of 3 in favor, 2 opposed, does not approve the Special Permit/Site Plan Review for the construction of a 16,900 one story concrete, masonry &wood building located at 200 Chickering Road in the Business -1 Zone. Scott Companies, 12 Rogers Road, Haverhill, MA 01835 requested this Special Permit. This application was filed with the Planning Board on November 5, 1997. The three Planning Board members in favor make the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3: FINDINGS OF FACT: 1. The specific site is an appropriate location for the project as it is located in the Busines -1 Zone along a major roadway, surrounded by industrial and commercial uses; 2. The use as developed will not adversely affect the neighborhood as the site is designed to buffer adjacent uses; 3. There will be no nuisance or serious hazard to vehicles or pedestrians as identified through traffic analysis and review of such analysis by the Town's traffic consultant. 4. The landscaping approved as a part of this plan meets the requirements of Section 8.4 of the North Andover Zoning Bylaw; 5. The site drainage system is designed in accordance with the Town Bylaw requirements; 6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw; 7. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Finally, the Planning Board members in favor find that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.35 but requires conditions in order to be fully in compliance. 1 200 Chickering Road (Rennies) Site Plan Review- Special Permit The two dissenting Planning Board members found: 1. Mr. Nardella stated that the applicant should come back to resolve the issues of public safety and traffic issues. Mr. Nardella stated that there is an open door for further reconsideration. 2. Ms. Lescarbeau stated that she does not concur with items 1&3 of the decision(as cited above). 3. Ms. Lescarbeau stated that it that it is not an appropriate location, the building is not appropriate and it is a safety hazard to the town and area. The Board further instructs that this decision is done without the prejudice of the two year stay from further applications for a Special Permit. The Board will allow reapplication within the two year period as setforth in 40A 16 without the need for steps required for reconsideration. CC. Applicant Assessors Building Inspector Conservation Administrator Director of Public Works Engineer File Fire Chief Health Administrator Planning Board Police Chief 2 Town of North Andover f NORTH OFFICE OF 3�o .o do L 6 0 COMMUNITY DEVELOPMENT AND SERVICES 384 Osgood Street *�o North Andover, Massachusetts 01845 �9 tPy �j WILLIAM J. SCOTT SACHUS'c Director August 21, 1998 Ms. Vera Curcio 23 Edgelawn Avenue North Andover,MA 01845 Re: Request for documents Dear Ms. Curcio, I am writing to amend a typo in my letter of August 7, 1998. The sentence referencing a Planning Board meeting on"June 3, 1998 should be changed to June 3, 1997'. 1 appologize for any confusion this may have caused. If you have any further quesitons please do not hesitate to contact me at 688-9535. Very truly yours, Kathleen Bradley Colwell `� Town Planner CC. J. Walsh,Public Records Division BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 M q „ A lit „ y -p. ��a „ d r ............... e µ A �M 0,04 1 __