HomeMy WebLinkAboutMiscellaneous - 232 SUTTON STREET P��nh1B6 BOABO � � V,F,
TOWN OF NORTH ANDOVER = -
MASSACHUSETTS °� ` ` '` ' ``
NORrk JUL � � 41 # 3
?O�t.�.e •'1ti0
Any appeal shall be filed �p
within (20) days after the •
date of filing Of this Notice �, �•,...::� �
Ss�CMUS
in the Office of the Town
Clerk. NOTICE OF DECISION
Date. . July. 28 c . 1993, , , ,. . . . . . .
Date of Hearing March 16 , March 30
April 20,May �18 ,
June 1, June 15,
June 29 and July 20,
Petition of , ,Dr.. .Sudarshan. Chatterjee . . .. . . . . . . . . .. . . . .. .. . . . .. . . . . . . . . 1993
Premises affected . . , 232 .Sutton. Street . . . . . . . .. . . .. . . . . . . . . , . . , . . , , . . . .
Referring to the above petition for a special permit from the requirements
of the . . .North. Andover ..Zoning. Bylaw. .: .Section 8 :3. �, Site. Plan Review
. . . . . . .
Modification
so as to permit the. review, of ,an .approved. Site. Plan. , .with .modifications
. . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . .
After a public hearing given on the-above date, the Planning Board voted
CONDITIONALLY
to APPROVE . . . , , , ,the . . , , IT
SE.PLAN,MODIFICATION . . .. . . . . . . . . . . . . . . . .. . . . .
based upon the following conditions:
cc: Director of Public Works
Building Inspector
Conservation Administrator
Health Agent Signed
Assessors
Police Chief
Richard Nardella[. . . . .Chairman
Fire Chief " " " " . " ' . " . . . . . . .
Applciant Joseph.Mahoney,, ,Clerk, . . . .
Engineer . . . . . . . . . . . . .
File Richard Rowen
Interested Parties
.John .Drayer. . . . . . . . . . . . . . . . . .
ning
• ` of Non rH,ry
'KAREN H.P.NELSON ar
Director TOWN Of 120 Main Street, 01845
BUILDING 3 0 ,,• g
NORTH ANDOVER (508) 682-6483
CONSERVATION ,se�C.USES
DIVISION OF
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
July 28, 1993
Mr. Daniel Long. Town Clerk
Town Building
120 Main Street
North Andover, MA 01845 Re: Site Plan Modification
232 Sutton Street
Dear Mr. Long:
The North Andover Planning Board held a public hearing on
March 16, 1993 in the Senior Center behind the Town Building, upon
the application of Dr, Sudarshan Chatterjee, 42 Jay Road, North
Andover, requesting site plan approval under Section 8.3 of the
North Andover Zoning Bylaw. The legal notice was published in the
Lawrence Eagle Tribune on March 1 and March 8, 1993 and all parties
of interest were properly notified. The following members were
present: George Perna, Chairman, John Draper, Joseph Mahoney,
Richard Nardella, John Simons and Richard Rowen, Associate Member.
The petitioner was requesting a modification to a site plan
previously approved. The premises affected is located at 232
Sutton Street in an Industrial-S (I-S) Zoning District.
Mr. Mahoney excused himself for conflicts of interest.
Mr. Simons read the legal notice to open the public hearing.
Mr. Perna outlined the problem areas.
Ted Rademaker:
1. Rhododendrons added to cover the handicapped ramps.
2 . 6" diameter trees
Mr. Draper wanted specific details in decision.
1. vinyl siding
2 . color renderings
3 . roof material - asphalt
4. skylights in roof
5. sunburst with shutters on existing windows
A parking lease required with the ability to lock 3rd floor.
Mr. Perna stated that normally, off site parking is not
allowed.
Page 2 :
232 Sutton Street
No Certificate of Occupancy for 2nd floor. The Town will have
the right of inspection. Both staircases can be closed off.
Covenant in deed requiring this lease.
The access way cannot accommodate two cars, eliminate part of
the greenspace. Enter on Sutton Street exit off of Charles Street.
Mr. Matses, owner of Charles Street, stated that there were
problems with parking on Charles Street. He wants the Police to
enforce no parking on Charles Street.
Mr. Nardella suggested the public hearing be continued. He
had the following comments:
1. physical appearance - no dumpsters
2 . fence along Charles Street
The applicant was directed to work with Mr. Matses, the owner
of Charles Street, to work on access issues to the site from
Charles Street
On a motion by Mr. Simons, seconded by Mr. Draper the Board
voted to continue the public hearing to the next meeting.
On March 30, 1993 the Planning Board held a regular meeting.
The following members were present: George Perna, Chairman,Joseph
Mahoney, Richard Nardella, Richard Rowen and John Simons.
John Leeman, an employee of Mr. Matses was present.
1. Dr. Chatterjee has attempted to meet with Mr. Matses
2 . Mr. Matses is on vacation
On a motion by Mr. Rowen, seconded by Mr. Simons the Board
voted to continue the public hearing to April 6, 1993 .
On April 6, 1993 the Planning Board held a regular meeting.
The following members were present: Richard Nardella, Joseph
Mahoney, John Simons and Richard Rowen.
This item was not discussed.
On April 20, 1993 the Planning Board held a regular meeting.
The following members were present: Joseph Mahoney, Richard Rowen,
John Draper, John Simons and George Perna.
On a motion by Mr. Perna, seconded by Mr. Draper the Board
voted to notify the applicant that he must come before the Board at
their May 18th meeting and respond within 5 working days or an
injunction will be filed to stop construction.
Page 3 :
232 Sutton Street
Mr. Mahoney abstained.
Ms. Bradley to speak to Town Counsel.
On May 18, 1993 the Planning Board held a regular meeting.
The following members were present: Richard Nardella, Joseph
Mahoney, Richard Rowen, George Perna, and John Simons.
Update on project: Ms.Bradley and Mr. Nardella met with Anil
Mehrotra and Dr. Chatterjee. Dr. Chatterjee has an agreement with
the property owner next door. This would give him adequate parking
and access. Staff to review their plan and meet with them at the
end of the week. r
Mr. Simons said that this needs to be re-advertised because of
the extended parcel.
Mr. Nardella asked the Planning Staff to review this and
advise the Board.
The consensus of the Board was to order all work to stop at
the site.
On a motion by Mr. Simons, seconded by Mr. Rowen, the Board
voted unanimously to direct staff to cease construction on
Chatterjee site until the matter is settled.
On June 1, 1993 the Planning Board held a regular meeting.
The following members were present: Richard Nardella, John Simons,
Joseph Mahoney, Richard Rowen, John Draper and George Perna.
Easements documents submitted to Planning Board staff for Town
Counsel 's review. Twenty four parking spaces shown on plan.
Possible use of residence for lab work in future.
Need to review the number of spaces for proposed use of
residence.
There will be green space along Charles Street.
Staff to look at the following:
1. What re-notice is needed?
2 . New public hearing site plan review for construction of
parking lot - 75 spaces
Mr. Simons questioned the need to rehear this plan.
A new legal notice for adjacent site is needed.
g J
Page 4 :
232 Sutton Street
By a consensus of the Board, the public hearing is continued.
On June 15, 1993 the Planning Board held a regular meeting.
The following members were present: Richard Nardella, Richard
Rowen and George Perna.
At the request of the applicant the hearing was continued to
June 29, 1993 meeting.
On June 29, 1993 the Planning Board held a regular meeting.
The following members were present: John Simons, Joseph Mahoney,
Richard Rowen, John Draper and George Perna.
Mr. Draper read the legal notice to open the public hearing on
240 Sutton Street.
Mr. James Bourgeois, Thomas Neve Associates, gave the Board an
overview of the site. The Board was asked to look at 323 Sutton
Street and 240 Sutton Street at the same time.
1. All storm drainage drains to catch basins, no storm run-
off
2 . Granite curb radius onto Sutton Street
3 . Low ground signs - in and out
4 . 17 spaces for medical office - 2 spaces required for
residence - 5 spaces would be required if there was a
general office use of the existing home
Mr. Bourgeois to confirm that no residential zones abut
property.
Landscape Plan:
1. Existing screening to be complemented
2 . Plant maple trees along Charles Street
3 . Minimal screening along adjacent parcel because of I-S
Zone.
Mr. Draper questioned if therewasa need for granite curbing
along the entire front of Sutton Street.
Landscaping as shown along Charles Street must be changed
and/or removed as per owner of Charles Street. Pave or grass the
area along Charles Street.
Curb should be extended around corner of Charles Street, with
granite curbing across the front.
Page 5:
232 Sutton Street
240 Sutton Street to be used for parking lot and landscaping,
no further plans for the use of the existing residence.
Dr. Chatterjee will own both parcels, however a certain number
of spaces will be designated and an easement granted for use of
spaces by 232 Sutton Street solely.
John Leeman had questions regarding drainage calculations and
property boundary.
On a motion by Mr. Draper, seconded by Mr. Perna the Board
voted to continue the public hearing on 232 Sutton Street and 240
Sutton Street.
Ms. Bradley to draft a decision by the next meeting.
On July 20, 1993 the Planning Board held a regular meeting.
The following members were present: Richard Nardella, Joseph
Mahoney, Richard Rowen, and John Draper.
(Mr. Mahoney sat in on all meetings and will vote because only
four members were present. )
Mr. James Bourgeois, Thomas E. Neve Associates, told the Board
that the parking exceeded the requirements of the Zoning Bylaw. A
walkway out to Charles Street to be eliminated. The applicant to
take care of landscaping along Charles Street. (A letter is needed
from Mr. Matses first. ) This will be added to the decision.
Granite curbing is shown along Sutton Street.
Ms. Bradley said that a 6 ' grass strip with plantings not
provided around the entire site.
Mr. Draper said that the landscape looks okay. He wanted
trees as per Zoning Bylaw along adjacent Nicolosi property.
Mr. Nardella asked if there were any permanent chain link
fence. Mr. Bourgeois asked, no - chain link put up by Matses, no
permanent fence planned.
Mr. Nardella asked how many parking spaces there would be.
On a motion by Mr. Rowen, seconded by Mr. Draper the Board
moved to close the public hearing on 232 Sutton Street.
On a motion by Mr. Draper, seconded by Mr. Rowen the Board
moved to close the public hearing on 240 Sutton Street.
On a motion by Mr. Rowen, seconded by Mr. Draper the Board
voted to approve the modification on 232 Sutton Street as modified.
Page 6:
232 Sutton Street
On a motion by Mr. Draper, seconded by Mr. Rowen the Board
voted to approve 240 Sutton.
Attached are those conditions approved.
Sincerely,
North Andover Planning Board
AtIM,d- ltdA�
Richard Nardella, Chairman
cc: Director of Public Works
Building Inspector
Conservation Administrator
Health Agent
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
232 Sutton Street
Site Plan Review Modification Conditional Approval
The Planning Board makes the following findings regarding this
Site Plan Review Modification for the renovation of an existing
building and expansion of the parking area for use as a medical
office as required by section 8. 3 of the North Andover Zoning
Bylaws.
This decision supercedes any previous decisions rendered by the
Planning Board concerning this site.
FINDINGS OF FACT:
1. The proposed use and site design for this lot are
appropriate, as the site is zoned Industrial - S.
2 . Adequate vehicular and pedestrian access into the site has
been provided with the adherence to the approved plans.
3 . The plan as shown and revised, meets the
requirements of section 8.4 of the Zoning Bylaws, with the
addition of the enclosed conditions.
4. The site drainage system is designed in accordance with the
Town Bylaw requirements.
5. The applicant has met the requirements of the Town for Site
Plan Review as stated in Section 8.3 of the Zoning Bylaw.
6. Adequate and appropriate facilities will be provided for the
proper operation of the proposed use.
Finally, the Planning Board finds that this modification
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.
Therefore, in _order to fully comply with the approval necessary
to construct the facility as specified in the Site Plan Review
application before us, the Planning Board hereby grants an
approval to the applicantprovided the following conditions are
met:
SPECIAL CONDITIONS:
1. Prior to any construction:
a. The final plans must be reviewed by the Town Planner.
These plans must be revised as follows:
i. Along the north east boundary of the parking lot,
1
along the Nicolosi property line, there must be
planted at least one tree for every thirty (30)
linear feet. These trees must be at least 3.5
inches in diameter at a height four feet above the
ground at the time of planting and shall be of a
species that is approved by the Tree Warden.
b. The Town Planner and/or the Tree Warden must be
contacted prior to any cutting and/or removal, of
vegetation on-site. The Planner and/or Tree Warden
will walk the site with the applicant to identify any
additional trees and/or vegetation that may be
preserved.
C. A bond in the amount of $5000.00 shall be posted for
the purpose of insuring that a final As-Built plan
showing location of all on site utilities, structures,
curb cuts, parking spaces and drainage facilities be
submitted and also to insure that all landscaping is
completed according pt the Plan. This bond shall be in
the form of a check made out to the Town of North
Andover. This check will then be deposited into an
interest bearing escrow account. (FORM G is available
in the Planning Office)
2 . Prior to FORM U verification (Building Permit Issuance) :
a. This decision shall be recorded at the Essex North
Registry of Deeds and a recorded copy delivered to the
Planning Staff.
b. A copy of the recorded easement referred to in
Condition 6 must be submitted to the Planning Office.
C. The applicant shall place erosion control measures on
site as directed by the Town Planner.
d. The North Andover Division of Public Works shall
approve all plans. Any changes to the plans approved by
the Planning Board shall be reviewed by the Town
Planner. Any changes which the Town Planner may deem as
major shall be approved by the Planning Board.
3 . Prior to verification of the Certificate of Occupancy:
a. The building shall have fire sprinklers installed per
order of the North Andover Fire Department.
b. The site shall be reviewed by the Planning Staff. Any
screening as may be reasonably required by the Planning
Staff and/or Tree Warden will be added at the
applicant's expense.
2
All trees to be planted on site as shown on the
Landscaping Plan must be at least 3.5 inches in
diameter at a height of at least four feet above the
ground at the time of planting. Tree species must be a
varied mix as approved by the Tree Warden.
C. A final as-built showing the location of all on site
utilities, structures, curb cuts, parking spaces and
drainage facilities must be submitted to and approved
by the Division of Public Works.
d. Granite curbing must be constructed along Sutton Street
as shown on the referenced plan.
e. All artificial lighting used to illuminate the site
shall be approved by the Planning Staff. All lighting
shall have underground wiring and shall be so arranged
that all direct rays from such lighting falls entirely
within the site and shall be shielded or recessed so as
not to shine upon abutting properties or streets.
The site shall be reviewed by the Planning Staff. Any
changes to the approved lighting plan as may be
reasonably required by the Planning Staff shall be
made at the owners expense.
4. Any Plants, Trees or Shrubs that have been incorporated
into the Landscaping Plan approved in this decision, that
die within one year from the date of this approval, shall be
replaced by the owner.
5. The applicant agrees to maintain the landscaping as shown on
the Plan that is between Charles Street and the property
boundary. The applicant also agrees to maintain the
landscaping and parking lot located on Parcel 5 as shown on
the Plan including the removal of snow and ice.
6. A minimum of seventeen (17) parking spaces are required as a
condition for the use of this site as a medical office.
Parcel 6 (as shown on the referenced plans) contains twelve
(12) and one half parking spaces. The additional four (4)
and one half spaces must be provided through the grant of a
permanent easement from Parcel 5 to Parcel 6.
The four and one half parking spaces provided on Parcel 5
must be clearly marked for use by the medical building only.
If for any reason in the future seventeen (17) spaces are
not available for the use of the medical building, this
approval will be automatically rescinded.
3
7. Access to the parking provided for this building is
partially located on Parcel 5. This access must be granted
through a recorded permanent easement.
8. The contractor shall contact Dig Safe at least 72 hours
prior to commencing any excavation.
9. Gas, Telephone, Cable and Electric utilities shall be
installed as specified by the respective utility companies.
10. All catch basins shall be protected and maintained with hay
bales to prevent siltation into the drain lines during
construction.
11. No open burning shall be done except as is permitted during
burning season under the Fire Department regulations.
12 . No underground fuel storage shall be installed except as may
be allowed by Town Regulations.
13 . All signs within the project shall be of wood or stone, with
uniform lettering and design. The signs shall in no way be
interior illuminated. (Neon or other means)
14 . No mechanical devices (ie: HVAC, vents, etc. . . ) which may be
visible from any surrounding roadways shall be placed on the
roof.
15. The provisions of this conditional approval shall apply to
and be binding upon the applicant, it's employees and all
successors and assigns in interest or control.
16. Any revisions to this development must be submitted to the
Town Planner for review. No revisions shall be approved
until the Town Planner receives three (3) copies of the
revised plan and the revisions have been reviewed. If the
revisions aredeterminedto be substantial and materially
different by the Town Planner, the Town Planner will direct
the applicant to resubmit the site plan to the Planning
Board in accordance with the provisions of Section 8.3 of
the Zoning Bylaw.
The following plans shall be deemed as part of the decision:
Plans Entitled: Site Development Plan- & .Landscaping Plan
Medical office Building
232 & 238/240 Sutton Street
North Andover, MA
Prepared By: Thomas E. Neve Associates, Inc.
447 Old Boston Road
Topsfield, MA
Dated: Jul. 12 , 1993; rev. Jun. 25, 1993
4
cc: Director of Public Works
Building Inspector
Health Administrator
Assessors
Conservation Administrator
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
Sutton.site
5
COMMONWEALTH OF MASSACHUSETTS
LAND COURT
45 111Z
DEPARTM[EM OF THE TRIAL COURT
CIVIL ACTION
No. 186-766
Charles A. Matses, Debra L. Mathias and Steven
C. Matses, Trustees of LBM Realty Trust Plaintiff(s)
V.
ca
0
1-5 Sudarshan Chatterjee, Kalpana Chatterjee, Exel
Management, Inc. , Anil Mehrotra and Defendant(s)
.10 North Andover Planning Board
.5.4
SUMMONS
-8 To the above-named Defendant: North Andover Planning Board
C
You are hereby summoned and required to serve upon Norman M. Shack, Esq.
0 N&
u ed
plaintiff's attorney, whose address is I Branch Street, Methuen, Ma. 01844 ananswer to
CD
the complaint which is herewith served upon you, within 20 days after service of this summons upon you,ex-
o clusive of the day of service. If you fail to do so,judgment by default will be taken against you for the relief
demanded in the complaint.You are also required to file your answer to the complaint in the office of the Recorder
of this court at Boston either before service upon plaintiff's attorney or within a reasonable time thereafter.
IV
0 .5 Unless otherwise provided by Rule 13(a),your answer must state as a counterclaim any claim which you
may have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the
wplaintiff s claim or you will thereafter be barred from making such claim in any other action.
6
c Witness,JOHN E. FENTON,JR., Chief Justice, at Boston,the 27th day of
November in the year of our Lord one thousand nine hundred and n i nety—two
z >
� E
z 0 RECORDER"
99
1z
0 NOTES:
0 U 1. This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure.
2. When more than one defendant is involved, the names of all defendants should appear in the caption.If a separate
0 summons is used
for each defendant,each should be addressed to the particular defendant.
.5
z G 3. TO PLAINTIFF'S ATTORNEY: PLEASE CIRCLE TYPE OF ACTION INVOLVED
(1) EQUITY—(2) OTHER
LC S-4(3/91)
PROOF OF SERVICE OF PROCESS
I hereby certify and return that on , 19 , I served a copy of the
within summons, together with a copy of the complaint in this action,upon the within-named defendant, in the
following manner(See Mass. R. Civ. P. 4 (d)(1-5):
Dated: , 19
N.B. TO PROCESS SERVER:—
PLEASE PLACE DATE YOU MAKE SERVICE ON DEFENDANT IN THIS
BOX ON THE ORIGINAL AND ON COPY SERVED ON DEFENDANT.
2.2
19a.
W E.,
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I� COMMONWEALTH OF MASSACHUSETTS
I; .
ESSEX, SS LAND COURT DEPARTMENT
t
I; CHARLES A. MATSES, )
Ij 'DEBRA L. MATHIAS, and )
�j STEVEN C. MATSES, TRUSTEES OF )
jj LBM REALTY TRUST, )
'I Plaintiffs )
I! V. )
SUDARSHAN CHATTERJEE, )
KALPANA CHATTERJEE, )
i' EXEL MANAGEMENT, INC. , )
ANIL MEHROTRA, and )
PLANNING BOARD OF THE TOWN ) j
OF NORTH ANDOVER, )
Defendants )
i
VERIFIED COMPLAINT FOR TRESPASS AND TO ANNUL SPECIAL PERMIT j
Nature of the Action
1
This is an action commenced pursuant to the applicable
provisions of M.G.L. Chapter 185 and seeking: (i) to prohibit i
Defendants Chatterjees ' , Mehrotra's, and Exel Management, Inc. ' s
continuing trespass over the private way in North Andover, MA
i' known as "Charles Street" and to seek damages deriving
therefrom, and (ii) to revoke, ab initio, a Special Permit
issued by the Town of North Andover Planning Board to Defendant , .,
Chatterjees in which a right of access and use over said Charles
Street is implicit and an indispensable part.
i
Parties
1. Plaintiffs are individuals having a present business
address at 200 Sutton Street, North Andover, MA. The
declaration of LBM Realty Trust (the "Trust" ) is dated May 1,
1991, and recorded with Essex North District Registry of Deeds, i
Book 3342, Page 323. JJ�
2. Defendants Sudarshan Chatterjee and Kalpana Chatterjee
(collectively hereinafter "Chatterjee" ) , upon information and
belief, are individuals having a present address at 42 Jay Road,
North Andover, MA.
3. Defendant Anil Mehrotra (hereinafter "Mehrotra" ) , upon
„ information and belief, is an individual with an address at 15 r
.i Gail Street, Chelmsford, MA. '
4. Defendant Exel Management, Inc. (hereinafter "Exel" ) , upon
information and belief, is a Massachusetts corporation with an
address at 15 Gail Street, Chelmsford, MA.
'5. Defendant Planning Board of the Town of North Andover, MA
(hereinafter "Board" ) is a duly appointed board of a
' i
municipality duly existing in the Commonwealth of Massachusetts.
i
Facts
6. Plaintiffs are fee owners, in trust, of certain parcels of
land, with all improvements thereon, having an address at
200 Sutton Street, North Andover, MA (hereinafter the "LBM
parcel" ) . The LBM parcel is more particularly bounded and i
. described as set forth in "Exhibit A" annexed hereto and made a
part hereof.
7. Defendants Chatterjee are fee owners, as joint tenants, of
a certain parcel of land, with all improvements thereon, having
an address at 232-234 Sutton Street, North Andover, MA
(hereinafter the "Chatterjee parcel" ) . The Chatterjee parcel is
more particularly bounded and described as set forth in
"Exhibit B" annexed hereto and made a part hereof.
8. Defendants Mehrotra and Exel are involved in the property
management and construction business, and are currently in the {
process of completing certain renovations to the land and
improvements located on the Chatterjee parcel.
9. On or about July 22, 1991 Chatterjee filed an application
to the Board for a Special Permit site plan review under
Section 8. 3 of the Zoning By-Law of the Town of North Andover.
As part of their design, the Chatterjee proposal provided that
vehicles would access the property's rear parking area over
Charles Street, rather than directly from Sutton Street.
10. Defendant' Board, as the duly appointed Special Permit
granting authority under the Zoning By-Law of the Town of North
Andover, issued a Decision, dated September 17, 1991, approving
issuance of a Special Permit. The Special Permit allowed
certain renovations and improvements to the existing structure
and land on the Chatterjee parcel. A copy of the Notice of
Decision is annexed hereto as "Exhibit C, " and made apart
hereof.
11. Defendants Mehrotra and Exel are currently in the process
of constructing and completing the renovations and improvements
approved by the Board in its Decision. As an integral part of
the completion of the said renovations and improvements,
ii
1'
t I�
.i
;
Mehrotra and Exel , through their agents, servants, and
employees, are using Charles Street for vehicular access to and
iifrom the Chatterjee parcel .
' 12. The source of title for the LBM parcel is a deed from Ames
I Textile Corporation ( "Ames" ) to Charles T. Matses, the grantor
to LBM. Such grant from Ames to Matses includes the property
which currently comprises the way now known as Charles Street.
'! 13. Charles Street is a private way, owned in fee by
Plaintiffs, and subject only to certain rights and easements of
others, all of which are of record at the Essex North District
Registry of Deeds.
14. The source of title for the Chatterjee parcel is a
foreclosure deed from Shawmut Bank, N.A. The Chatterjee parcel
' is shown as "Lot 6" on a subdivision plan recorded on
January 13, 1949, and recorded with Essex North District
Registry of Deeds, Plan No. 1987 (the "Subdivision Plan" ) . A
� copy of a portion of the Subdivision Plan is annexed hereto as
j "Exhibit D, " and made apart hereof.
15. The source of title for the Chatterjee parcel contains no
express grant of rights in Charles Street from Plaintiffs (or
their predecessors in interest) . Plaintiffs have never made any
written or verbal grant of rights in Charles Street to Defendant '
Chatterjees. As owner of the Chatterjee parcel, Chatterjee has
no implied rights of access, either by prescription or
necessity. Indeed, Plaintiffs, acting by and through their
attorney, have given written notice to Defendant Chatterjees
that their continuing use of Charles Street is expressly not
permitted, and should be ceased immediately.
16. The Chatterjee parcel has 76. 0 feet of unrestricted
frontage on Sutton Street, a public way in the Town of North
Andover. Reference is made to the Subdivision Plan as well as i
the plan accompanying the Board's Decision.
Count I: Trespass
17. Plaintiffs restate and reaver paragraphs 1. through 16.
above.
18. Defendant Chatterjee, their customers, employees,
licensees, invitees, and guests, and Defendants Mehrotra and
Exel , their agents, servants, and employees, all continue to use
Charles Street for vehicular access to and from the Chatterjee
parcel and Sutton Street, all against the express prohibition of
Plaintiffs, and against the right, title and interest of said
Plaintiffs, without any right or title, or color of same.
i
�I
19. Such continuing, unauthorized use of Charles Street
constitutes a trespass against the right, title and interest of
Plaintiffs.
I�
1
�I Count II: Annulment of Board's Decision
20. Plaintiffs restate and reaver paragraphs 1. through 19.
above.
21. The Board's decision approved a site plan pp to p a proposal which I
{ expressly relied on the use of Charles Street for purposes of
{j vehicular access to and from the Chatterjee parcel as an
indispensable aspect thereof. Reference is made to the plan
accompanying the Notice of Decision issued by the Board on
I' September 17, 1991 (Exhibit C) .
22. Neither Plaintiffs nor any of their predecessors in
interest ever gave such right to the use of Charles Street to
any of the Defendants Chatterjee, Mehrotra, or Exel, either
temporarily for purposes of construction, or permanently.
Indeed, such right was specifically refused, and the use
prohibited by Plaintiffs.
23. By such reliance on access to and from Charles Street,
where no right ever existed, the Board's decision approving
Chatterjees' application for Special Permit Site Plan Review is
fatally flawed, and should be annulled, ab initio.
WHEREFORE, Plaintiffs demand:
A. That they be adjudged owners in fee simple of the
parcel known as Charles Street, subject only to easements and
restrictions of record;
B. That Defendants Chatterjee, Mehrotra, and Exel be
adjudged to have no right, express or implied, to use any part
of Charles Street for any purpose;
C. That Defendants Chatterjee, Mehrotra, and Exel be
adjudged to have committed trespass against the Plaintiffs '
right, title, and interest in and to Charles Street;
D. That this Court temporarily enjoin Defendants
Chatterjee, Mehrotra, and Exel, during the pendency of this
action, from using any part of Charles Street in violation of
the right, title, and interest of Plaintiffs and others entitled
thereto;
E. That this Court permanently enjoin Defendants
Chatterjee, Mehrotra, and Exel from use of any part of Charles
Street, against the right, title, and interest of Plaintiffs and
others entitled thereto;
i
' f
!� F. That this Court award Plainti fs their rightful
�I
damages for Defendants h 'e s ' M a 's and Ex '
g C atter e e rotr a el s
;i trespasses, together with their costs and attorney's fees; .
G. That this Court annul the decision of the Defendant
I� Board, ab initio, in that the plan approved in the grant of
j Special Permit Site Plan Review relies upon vehicular access to
and from Charles Street as an indispensable part thereof,
and is
i
accordingly fatally flawed;
,I
I)
f
�I
H. That this Court grant such other relief as* it deems
i
meet and proper.
i
Charles A. Matses, Debra L. Mathias,
and Steven C. Matses, Trustees
j, by their attorney,
1 '
November " y , 1992
orman M. Shack (BBO#452600)
William P. Shack (BBO #452640)
1 Branch Street
Methuen, MA 01844
(508) 688-0292
The undersigned hereby of ms t t the facts et f rt in
the above Verified Complaint r t u , t the bes of k edge
and belief.
November , 1992
I�
; T BB3342-
3� I, Charles T. Matess, of 200 Sutton Street, North Andover, M 01845
�f•
Essex Comate,Mauachu u
d;
kkrWxwr1al,foe oonddention pald,and In full ox,dderadon of Ten and No/100 (010.00) Dollars
BrM to Charles A. Matses,Debra L. Mathias and Stews C. Matses, Trustoes of •
the LBM Realty Trust, u/d/t dated May 1, 1991, and recorded siaultarmualy tmrewith,
with qulitlalnt ranesnmts
WR99RM four (4) parcels of land, with the buildings thereon, except that portion c'
thereof hereinafter described, In North Andover, Essex County, Massachusetts, as follows,
(DearlpbN�NJ a m dNYKl1,it Anel ,
i
7 PARCEL CNE, Westerly by North Main Street, Nort}n�esterly by the Merrimac River; y;
tF:, . No 'asterlYr Easterly and Northeaster) by land now hoz foamrly of Joseph Randrut, u
;_�, and Southeasterly and Southerly by vexview Street.
PARCEL T t Westerl by Cochichewick Brock} Northerly and Northwesterly by Riverview r
.,
Street; Lot numbered 9 as shown oa plan est tic "Plan of Lots on
,;. Riverview Street, North Andover, M.issachusetts" dated October 25, 1948, by Ralph B.
Brasseur, C.E., and recorder)with Essex North District Deeds on January 13, 1949
as Plan numbor 19881 and Southeaster) the 1
y by ovation of the Boston and Mai
` na Railroad. .
PARCEL TilrM: Southerly by Sutton Street; Wester by North Main Street; Northwesterly
+ ocation of Boston and Main Rail—roni; Northerly by land former y o } r
and now or formerly of the Safford heirs; Easterly by=ard now or fornicrly of Ellis
and lard now or f0WWly of David Walwork; and Souther) cels three, four,
Y by d roc, , five
and six as shown on alen entitled "
P Plan of Lots on Sutton and Thorndike Streets
North Andover, N
K:. er, Massachusetts , dated Botcher 25, 1948. by Ralph B. Brasseur,.17C.E.,;
and recorded with said Deeds on January 13, 1949, as Plan nrrber 1987; and Eastery
•i[:.:' ley said parcel six. "r
•PARCEL FOUR: Northerly by Sutton Sti+eet; Easterly by parcels A and B and the location
t of the Boston and Maine Railroad as shown on a plan entitled *Plan of Land to be con-
af'y veyad by Sutton's Mills to Swift Teaninals Inc. located in North Andover, Massachusetts•,
dated December 22, 1952, by Ralph B. Brasseur, C.E., and recorded with said Deeds on
�! {. ar16, 1953 as Plan Bamer
rber 26071 Southerly by lard now or formerly of N. T. s
Stevens i Sons Co.; Easterly, Southerly and Westerly by the shore of the Mill Pond by
various courses (a portion of the westerly shore appears to have been filled between
1892 and 1929 and there may be included a small
Y portico of the upland); Southwesterly
by the location of the Boston and Maine Railroad; and westerly ,'Northwester) ,
by parcels B and A shown on a plan enti P of
Southwesterly and Westerly t ,
Lard in North Andover Massachusetts, as Surveyed for Sutton's Mills Inc.N, dated
January 21, 1949, by B. Brasseur C.E. recorded with
RPh , , said Deeds February 3 1949
�..°� ` • as Plan number 2003.
" lbecther with all of the rights appurtenant to the said parcels, including water f
rights, sot forth or referred to in deed from Sutton Mills, a Naive corporation,
{,~ ` to Sutton Mills, a Massachusetts corporation, dated July 16, 1907, rovorded with
Essex North District Deeds, Book 250, Page 11 except the water rights that are
appurtenant to or necessary and required in connection with use of the parcel of :Y •
land hereinafter excepted from the above described premises. "(
' Being the same premises conveyed to me by deed of Ames Textile Corporation, recorded "
at Essex North Registry of Deeds, Bock 958, Page 22, May 11, 1962.
'.� Excepting from the above-described pre sea all c nve
-recorded; and also excepting the leased property Tevie••a lchese tpnzfte1&%l?,Cjjade
i; Service property and the New England Neurological Associates, P.C. !
property as follows: ; t
T,
(over)
bt'
w
• 1
0MV=7
IK32364
Y171
.
. FORECLOSURE DEED
Shawmut Bank, N.A., a National Association duly organized under the
_f. laws of the United States of America, successor by merger to
Shawmut Arlington Trust Company, a Massachusetts Corporation + }
(formerly known as Arlington Trust Company) having its usual place
ofbusiness at One Federal Street, Boston, Massachusetts
holder of a mortgage from Walter V. Ribeck, Trustee of Beck-Co j
Realty Trust, which mortgage was recorded at Essex North District 4
f Registry of Deeds at Book 2491, Page 271, by the power conferred
j by said mortgage and every other power,
i
t for consideration paid, and in consideration of Eighty six thousand I f
($86,000.00) dollars, �
yrdnt to Sudarshan Chatterjee and Kalpana Chatterjee, husband and I t
wife, as joint tenants, of 42 Jay Road, North Andover, Massachusetts.
Y
the premises conveyed by said mortgage, described as:
0
A certain parcel of land together with the buildings thereon
Wsituated in said North Andover, being shown as Parcel Six (6) on
d, plan of land entitled "Plan of Lots on Sutton and Thorndike d
N Streets, North Andover, MA,. Ralph B. Brasseur, C.E., dated October !¢
N 25, 1948, recorded with the North Essex Registry of Deeds as Plan
ry No. 1987" bounded and described as follows: I'
H NORTHERLY by land of Sutton's Mills Sixty Eight and 95/100'sI
. (68.95) feet as shown on said plan; f .
i
EASTERLY by parcel five (5) One Hundred Twenty and 31/100's {
(120.31) feet as shown on said plan;
SOUTHERLY by Sutton Street, Seventy-Six (76), as shown on said
plan;
rt, F
t- WESTERLY by land of Sutton's Mills One Hundred Twenty (120)
feet as shown on said plan.
• i Containing 8,696 square feet more or less.
Being the same premises mortgaged to the Arlington Trust Company
by Walter V. Ribeck, Trustee of Beck-Co Realty Trust, dated May 11,
1987 and recorded with the Essex North District Registry of Deeds
at Book 2491, Page 271.
Witness our hands and seals this day of March, 1991.
� •„� _.� BY: Richard Coortfier .
? ► ' r u Loan Officer
'. COMMONWEALTH OF MASSACHUSETTS
�sreu;ss. March .11991
Then personally appeared the above-named Ficha-rd Coomber
i I1
its duly organized officer and acknowledged the foregoing to be (i
the free act and deed of the corporation before me,
Notary Public '�
My commission exp3rAs:'��
�I
SUDARSHAN CHATTERJEE, K.D.
232 SUTTON STREET, NORTH ANDOVER
SITE PIAN REVIEW APPROVAL,
SECTION 8.3 OF THE NORTH ANDOVER ZONING BYLAW.
The Planning Board makes the following findings regarding this
Site "Plan Review Application as required by section 8. 3 of the
North' Andover Zoning Bylaws:
FINDINGS OF FACT:
1. The proposed use and site design for this lot are
appropriate, due to it's location in Town.
2. Adequate vehicular and pedestrian access into the surrounding
site has been provided with the adherence to the approved
plans.
3. The landscaping plan as shown meets the requirements of
section 8.4 of the Zoning Bylaws, with the addition of the
enclosed conditions.
4. The site drainage system is designed in accordance with the
Town Bylaw requirements.
5. The applicant has met the requirements of the Town for Site
Plan Review as stated in Section 8.3 of the Zoning Bylaw.
6. Adequate and appropriate facilities will be provided for the
proper operation of the proposed use.
Finally, the Planning Board finds that this proposal 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.
Therefore, in order to fully comply with the approval necessary
to construct the facility as specified in the Site Plan Review
application before us, the Planning Board hereby grants an
approval to the applicant provided the following conditions are
met:
SPECIAL CONDITIONS:
1. A stop sign shall be placed at the exit to the parking lot
onto charles street.
2. The proposed handicap access ramp shall be redesigned. This
ramp may still access the front of the building but must
begin on the north east side of the building so as to allow
for direct access to the parking lot. This ramp shall in all
cases conform to requirements of the Handicap Access Board.
3. A landscape plan showing location and number of plants to be
used must be submitted and approved by the Town Planner
.prior to the issuance of a Building Permit.
4. Any Plants, Trees or Shrubs that have been incorporated
into the Landscaping approved in this decision, that die
-within one year from the date� of this approval, shall be
-replaced by the owner/applicant.
S. All Planning Board conditions listed herein shall be
recorded with. the Registry of Deeds by the applicant prior
to the issuance of a building permit. A copy of the recorded
conditions shall be delivered to the Planning Board and
included in the file.
6. No underground fuel storage shall be installed except as may
be allowed by Town Regulations.
7. Prior to a, Certificate of Occupancy being issued for any
structures, this site shall have received all necessary
permits and approvals from the North Andover Board of
Health.
6. The provisions of this conditional approval shall apply to
and be binding upon the applicant, it's employees and all
successors and assigns in interest or control.
► 9. All lighting found within the site shall be as approved by
the Planning board and shall not project into adjacent
properties. Prior to a Certificate of Occupancy being issued
for the structure, the site shall be reviewed by the
Planning Board. Any changes to the approved lighting plan as
may be reasonably required by the Planning Board shall be
made at the owners/applicants expense.
10. All signs within the project shall be of wood, stone or
metal, with uniform lettering and design. The signs shall in
no way be interior illuminated. (Neon or other means) The
applicant shall be required to have any final sign proposals
reviewed by the Town Planner and shall apply to the Building
Inspector for a sign permit. (Section 6. ZBL)
11. Prior to the issuance of a •Building Permit a certified
Structural Engineer shall submit written verification that
the structure is sound and in compliance with the
Massachusetts Building Code. The Structural Engineer shall
satisfy all concerns of the Building Inspector.
The following plans shall be deemed as part of the decision:
Plans Entitled: Plan of Land prepared for Sudarshan Chatterjee
M.D. , 232 Sutton Street, North Andover.
Prepared by: Yankee Engineers, 110 Jackson Street, Methuen
Date July 17, 1991, Rev. 8/21/91, Final Rev. 8/25/91
Scale: 1" — 10'
cc: Director of Public Works
Board of Public Works
Highway Surveyor
Building Inspector
Board of Health
Assessors
Conservation Commission
Police Chief
Fire Chief
Applicant
Engineer
File
PLUSH AII" I:.O. WALLS.
` PHILIP LONG
EXIST. UTILITY POLE 1 I rN
TO BE RELOCATED �� �O�
sD .o L�7
o
A I; \mi � 120.30' 1 1
1 1 1
I 20 12 \\# 232 SUTlON ST. A- I
I Dal \� LOT AREA
\ 1
- I 1
\ s8, 6991 i1
S.F.
` . 1
\ 1
' O SHED, 1 1 I i C
TO BE j I I I 1 1
I1
1 ! RAZED tt I m SED RAMP UP
PRO
%
I I
HP C— i 'Y tier 1 1 1
w i( . 1
' I T37.� •}-'{r.3� ��'-'SM..ii A Z 1 1 I 1
if�.�•'7.. .i'Y� ' Q 1
O (EXISTING ----------------- i CONC. `, E ':; Y• ; �I 1
24" OTREE '� B. 1 RAMP N:, is Y "-IButl •e'�;, '; 3 I i 1 '�A/1�
I TO REMAIN - - 'f'?rig:`" y,+t's 1 ,� I V/
OD
d0 cd
10 ~� •,•
p 1 1
W Ili 3 1 9 w ADDITIONA it( :,�.\ : '' •.x' j � ' I rn
HP O 2' STRIP FOR I
Z = 1 H.P. DOOR `'. t 1 1 5'
v (D m SWING t i I
j BIT /CONC.
2o' tIYP) __ 1
3_ !� PARKING AREA 20. V: LOAM AND SEED
99 �T i EXISTING PAVED
m AREA. tl 11
Ops/ O �O O O
_ 1 /
1
3' HIGH ARBORVITAE --•I r
• /_- - - STOP SIGN- 4'------- __ 4^_0.1 C -
3-- --- -- -- -- ---- -�\ - -- - 1
\ �O 4FT. WIDE FOUNDATION
t PLANTING AREA ( T Y P.)
YEWS,ARBORVITAE
RHODODENDRON, AZALEA,ETC. S
CHARLES STREET
i
WHIR
. 1' UWN OF NORTH ANAUVI R RECCIV�ED
M A S S A. C Ii U S E T T S DAMM. 12NG
TOYM t::t;t'.K
NORTH AI:UI:VER
AnY ppe
el shall be fined SEP 17 4 19 PH '91
within(20)days after the `
date of filing of this Notice • ••
In the Office of the Town s~`""s``
aerkt
NOTICE OF DECISION
Date. September.17:. 1991 •
Date of clearing . August 27, 1. . ..
Petition of Sudarshan Chatterjee, M.D.
. . . . ..... . ...... ... .... . . . . . . . . . .. .. .. .. . .. . . . . .. .. .. .. . . .. . .. . . .
Premises affected ... . . .... a . .
Referring to the above petition for a special permit from the requirements
of the . ... .. North.Andover.Zoni & $-y1aw,.SQetion 8.3. .(S.ite. ?lajt.$Vytgwl .. . ... ...
so as to permit . renovations.of an existing, structure and exypps�on•of.;hg. .. . ..
Farkia$
area for the use as a medical office.
•f 0000-. 1..1. • . . . . • ••
****a* *** so * 0 • . .• . .0 0 6 0. ••• *we* . .. . •.. .. " *gas •. • 0000.. ..
After a public hearing given on the above date, the planning Board voted r
CONDITIONALLY
to lrrKY9. . .. . .. ..tile ....UCe .P.�3n A0.View. . ..... .. .. . . . .... .6 .. ... . .. .*.. .. . .. .
• based upon the following conditions:
cc: Director of Public Works A4jy�(
Building Inspector Signed -
Conservation Admin. Ceorpe D. Iarna Jr. Chairman
Health Admin. . . �@ . ..:.. . .s. ... .. . .. . .
Assessor John Simons., Clerk
Police Chief ....... .. .. ... .... ... .. . .. ....
• Fire Chief Joseph Mahoney
Applicant
Engineer Richard Nardella
File
. Interested Parties
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