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Miscellaneous - 130 MARIAN DRIVE 4/30/2018 (3)
ISO I i i I k q OMUM MADEIN U.S.Q. M. r02 9M 0 o o a � �o � � , �.� ,; � � ' � � i (y!`F �� I I' 'I I �I 1 I1 1 t I i i s Aegal Notice_ ,y !OWN OF NORTH ANDOVER ;.-,:'BOARD OF APPEALS. NOTICE t AOR-TF�, 0 a 1SSACHUSE� -i December 4,1984 Notice is hereby given that the_ `Board of Appeals-will give�a" hearing' at the Town Building,, North Andover, on Monday evening'. the :_14th day of January, 1985•at 7:30 p.m.to all parties interested in the ap-' peal of ROBERT P. AND MONI OUE GOODRICH requesting a, , review of a decision made by the . Building Inspector and enforce- ment of Condition No: 7 of the. Planning Board's decision dated October 6:1980 and revocation of Building Permit No.460 dated. November 9. 1984 on premises located at 100 Flagship Drive • known as l_ot W,Flagship Drive. By Order of the Board of AQ - -peals. Frank Serio,Jr. Chairman , Publish N.A:Citizen: December 13 and 20,1984 : . C16. 014 �SSwC MUS�t TOWN OF NORTH ANDOVER so MASSACHUSETTS BOARD OF APPEALS December 4, 1984 igotic-2 is ;lere`-)y given that the BOARD OF APPEALS will give a Ieardnc at t';ie, `L'own .sui .1,1-1 C�, Borth Andover , on on ay evening , t':-?e 14th clay of January, 1985 , at 7 : 30, p.n}. to all parties interests,:, in the appeal of ROBERT P. AND MO_'VIQUE GOODRICH re- - --- guesting a review of a decision made by the Bui"Lding Inspector and enforcement of. Condition No. 7 of the Planning Board ' s s decision dated October 6, 1.980 and revocation of Building Permit 'tlo.' 460 -1ated -iovember. 9, IMM on premises located at 100 Flagship Drive 'ono,.-ari as Lot Rol, F'lagsliip Drive . By Order of the Board of Appeals by: Frank Serio, Jr . , Chairman flu:Jl is h: Citizen: December 13 and 20, 1984 Serid biIl to: ;Robert Goodric'Cl 911 Marion Dr:iv,2 . NO. Anuover ' mas'S . ti LEONARD KOPELMAN KOPELMAN AND PAIGE. P.C. KAREN V. KELLY DONALD G. PAIGE DEBORAH A. ELIASON ELIZABETH A LANE ATTORNEYS AT LAW JEANNE S MCKNIGHT JOYCE FRANK JUDITH C. CUTLER JOHN W. GIORGIO 101 ARCH STREET ANNE-MARIE M HYLAND BARBARA J. SAINT ANDRE RICHARD BOWEN JOEL B. BARD BOSTON. MASSACHUSETTS 02110-1137 CHERYL ANN BANKS EVERETT J. MARDER BOSTON OFFICE DAVID J. DONESKI HEWWIG 16171 851.0007 BRIAN W. RILEY WILLIAM H JOSEPH . JR. KIMBERLY A. HOLLIDAY IG III FAX 16171 951-2735 MARY L. GIORGIO THERESA M. DOWDY NORTHAMPTON OFFICE KATHLEEN E. CONNOLLY PATRICK J. COSTELLO 14131 5858632 JOHN G. GANNON WORCESTER OFFICE 15081 752-0203 October 6, 1993 Mr. Nicholas J. DeNitto 130 Marian Drive North Andover, MA 01845 Re: Robert P. Goodrich, et al . v. Charles Foster (North Andover Building Inspector) Essex Superior Court C.A. No 82-1223 and Robert P. Goodrich, et al . v. North Andover Board of Appeals Essex Superior Court C.A. No 85-587 Dear Mr. DeNitto: Enclosed please find Stipulations of Dismissal for each of the two above-referenced cases. I have revised them to include the firm's name as counsel for the defendants, signed them, and am returning them to you for your signature, and filing with the court. I have appreciated your courtesy and cooperation in resolving these matters. Very truly yours, y ul , Ki erl A. Holliday KAH/paz Enc. cc: Board of Appeals 0 Q Building Inspector OCT 1 5 CONSERVAT ONN 0MMISSION PRINTED ON RECYCLED PAPER w.*+1aM'sM1�1s^ .�0,'fiJ� Jif . �- �� � � � ,� � , � � � , ,. . �� �, .; Legal Notice:: TOWN OF NORTH ANDOVER BOARD OF APPEALS NOTICE. NORTH 32 s.a'. ..• O .. O L A ,SSACHus� Wcember.4, 1984 Notice is hereby given that the Board of Appeals will, give a' hearing at the Town Building, North Andover, on Monday evening, the <14ih,.da sof January-1985-,-at-7-.-30- .m._to-, i .call-parties-inierrested-in_the-ap- peal-of-ROBERT-P—AND_MONI- 'OUE-GOODRICH. req eestin'gza review of,a-de-cisio-n made b'y=the Building_Inspector_a6d_entorce-. �ment-of Condition-No_T7Rof_'the . Planning`Boad s_decision�dated 06tober 6vo .-1980-and recation (of-Building Pw�mit-No:460 bated November-9-1984 on-premises located:at-100-•Flagship Drive known as Lot.W;Flagship_Orive,. �By-Order-of,the-Board-of peals. Frank Serio,Jr. Chairman Publish N.A. Citizen: December 13 and 20,1984 C16 OFFICE OF TOWN COUNSEL ELLIS BUILDING 95 MAIN STREET ti> TO\,VN OF FORTH ANDOVER, MASSACHUSETTS 01845 NORT/q pf 4Tec ,e,4, RALPH R.JOYCE 0 a TOWN COUNSEL 49 " ^ (617( 685 4555 o a�9SSA CENUSEt�y� * May 7, 1985 Carragher, Fox & Lampert ATTORNEY JOHN K. BRITT 3 Village Square Chelmsford, MA 01824 Attorney Nicholas DeNitto 130 Marion Drive North Andover, MA 01845 RE: GOODRICH VS. TOWN OF NORTH ANDOVER REGAN VS. TOWN OF NORTH ANDOVER Dear Sirs: Please be advised that the Vice Chairman of the Planning Board, Paul Hedstrom, informs me that negotiations to resolve the above cited matters reached an end point without any satisfactory results. Any further negotiations regarding the interests of the Town of North Andover, its agents or its employees must be conducted through this office. Very truly yours, Ralph R. Joyce Town Counsel RRJ:mjj cc: Karen Nelson Town Planner Paul Hedstrom, Planning Board Board of Appeals •`"��N°RT"�� Any appeal shall be filed REG�IyF +3orcoSPOR4 DANIEL l,tKG within (20) days after the TOWN CLERK `s••���"�' 1835 . '�' date of filing of this.Notice `.► : •� NORTH, ANDOVER � • � • in the Office of the Town ►►SACHUg � _ R fClerk. - 119WN OF NORTH ANDOVER MASSACHUSETTS BOARD OF, APPEALS NOTICE OF DECISION Date . Februa r .14-,- - 1-9-8 5 Petition N ►.. . . 1. . . 8.5 . . . . . . . . . . . . Date'of He..ring. g a n u a r y 14 , 1985 January 22 , 1985 Petition of . . . , ,ROBERT AND M.01.4I QUE GOODR ICI-1 Premises affected . . Lo t W , F 1 ag s h i p. Drive. ( 10 0 F 1 a 9 s h,i,f D r i_v e). . . . . . . . . . . . . Referring to the above petitionfor a *M4dtk1Vf#olaixthe x@gii$r#ih&t�.; , . . r v.i.e w. .o f. .a decision made by the Bui , ding Inspector , enforcement of ;ondition No . 7 Q f , the. 'P 1 a.n n i.n g. Bo a.r d.'.s. . d.e c i.s.i o.n . da t e.d . 1.0/6./.8 0., . �,.n d. .r.e v.o c a.t i o.n . o.f. Building Permit ,lo . 460 dated 11/9/84. c�cs�cfloxp�xt . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . � . . After a public hearing given on the above date, the Board of Appeals voted to . . . Deny. . . . the r e q u e s `,. . . . . . . . . . . . . . . . . . . . . . . . »nd)hembg xatAhwiee Akec>B>uidding)Jxspector>toa Assmec;a pernmi txtox. : . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . #QrAker,R0M4)40i'c►xAfxthec IJIXWO>�i��,>d�sEadxu�ao�>t��cf��l�a�t�� n�n� Signed Frank Serio ; Jr , , .Chairman A.1.f r e.d . E.. . F.r. i z.e l .l.e ,. .Esq... , . .V.i c.e . C h a i r m a n Wi.1.1 i.am. .J . . .SuIAi v.ari. . . . . . . . . . . . . . °. W a.l t e r. . F..- Soul.e Maurice S . .Fou.l.ds: . . . . . . . .. . . . . . . . . . Board of Appeals RECEIVED TOWN (, I-C.FRK Any appeal shall be filed TOWN �.�.FRt\ � MORTM , NORTH A?;hOYEft within (20) days after,the date of filing of this Notice FEB 11 i 11 PM '8a . ' ' in the Office of the .Town SAC � Clerk. TOWN OF NORTH ANDOVER.. MASSACHUSETTS BOARD OF APPEALS February 14, 1985 Mr . Daniel Long, Town Clerk Goodrich, Robert & Monique Town Office. Building Lot W, 100 Flagship Drive North Andover , Mass . 01845 Petition No. 1- ' 85 Dear Mr . Long: The Board of Appeals held a public hearing on Monday evening, January 14, 1985 upon the application of Rob-rt and Monique Goodrich. The hearing was advertised in the North Andover Citizen on December 13 and 20, 1984 and all abutters and interested parties were notified by regular mail . The following members were present and voting: Frank Serio, Jr. , Chairman; Alfred E. Frizelle, Esq. , Vice Chairman; William J. 5l .lzvan; and Associate Members Walter F. Soule and Maurice S. Foulcds . The petitioners seek a review of a decision ma(3 by the Building Inspector and enforcement of Condition No. 7 of the Planning Board' s decision dated October 6, 1980 and revocation of Building Permit No.. 460 dated November 9, 1984 on premises located at 100 Flagship Drive, known as Lot W Flagship Drive, located in the Industrial-1 (I-1 ) zoning district . Counsel for the petitioners testified that in 1980, the North Andover Planning Board granted approval of the Willow Industrial• Park Extension Subdivision. Lot W, Flagship Drive, ' is located in this subdivision. one of the conditions of approval , being Condition No. 7, stated: "That as required by our Zoning By Law, Table 2, Summary of Dimensional Requirements, Fo.-)tnote 3, adjacent to residential districts, the required side �or rear setbacks shall be 100 feet. The first 50 feet shall remain open and green, be suitably landscaped, ` unbuilt upon, unpaved, and not parked upo►: . Said 100 foot setback shall extend from the property line" v l JD Goodrich, Robert and Moni ue RECEIVED q DANIELUNG Lot W Flagship ,Drive TOWN CLERK Petition No. l- ' 85 NORTH ANDOVER February ' 14, 1985 0o` Page . 2 FEB 2 Counsel for the petitioners further testified teat the Goodrich' s were satisfied at that time that any buildings :onstructed in the industrial park would be placed a minimum of 1� 0 feet from their property line. The petitioners ' parcel , lo^at �d at 99 Marion Drive, contains a wedge of I-1 land and it ' s ' his wedge of land which abuts Lot W, Flagship Drive. . An appeal was denied by the Board of Appeals in 1982 torevokethe building permit for the original building on Lot W., Said appeal was made by Mr . and Mrs . Goodrich and Mr . and Mrs. Edward Condon, also residents of Marion Drive . The ' Board' s decision was upheld in Superior Court in an unrelated matter . This petition deals with an addition to the existing building, which is under construction and' which is situated 50 feet from the petitioners ' property Line. The petitioners seek to revoke the building permit for the addition. The hearing was continued , to Tuesday, January 22, 1985 with Members Serio, Frizelle, Sullivan, Soule and Foulds again present and voting. At that time the Building Inspector testified that he based his decision to issue a building permit for the addition upon the same interpretation that the court mace, which is that setbacks are taken from property lines and that if industrial land abuts residential land, an additional 50 foot ' sitback is required. Since the petitioners ' land where it abuts Lot W, Flagship Drive is zoned industrial , the additional 50 feet is iot required. - The Board rendered a decision on Monday even' ng;: February 11, 1985 with Members Serio, Frizelle, Sullivan, SoL_e :'.nd Foulds again present and voting. Upon a motion made by . Mr.: Frizelle and seconded by Mr . Sullivan, the Board voted four to one, with Member Soule voting in opposition, to deny the request. The Board finds that the Building Inspector properly issued Building Permit No. 460 dated November ,9, 1984, relying. upon the decision of the Board of Appeals dated July 23, 1982 and incorporates that . decision herein by reference. The Board further finds that since Lot W, Flagship Drive, is not adjacent to a residential district, the additional 50 foot setback is not required and that the building with the addition located on Lot W, Flagship Drive is in conformance with the North Andover Zoning By Law. Si:icerely, _. B0,_RD OF APPEALS CIO Fr, .nk Serio, Jr lh?irman j w 1 ,►oRrM' Rece-i`4d':by' Town Clerk : DateIE 0 . _ aAa� LCL► GOF NORTH ANDOVER, MASSRCHUSET i.S � TONIN CLERK BOARD- OF APPEALS '�,�•..,."`'.�«' ' TimeNORTH AsOOVER Noti a applicati.od must be typewritten IOTI" b 30 a���� APPLICATFOR, RELIEF FROM THE �REQUIREMtNTS OF THE ZONING ORDINANCE ',Applicant Robert P. & Monique Goodrich Address 99 Marian Dr. No. Andover, Ma 1 . Application is hereby made (a) For a variance from the- requi reroents of ' Section Paragraph and Table of the Zoning 'By-,Laws . (b) For a Special Permit under Section Para,lraphof the Zoning By-Laws . � N ( c) As a party aggrieved, for review of a deci si o,: made by the Building Inspector or other authority . j2 :, ( a) Premises affected are land and 'building( s ) numbered Street. (b ) Premises affected are property with frontage on the North ( ) South ( ) East ( .X ) West ( ) s de of'100 Flagship Drive (Addition) Street , and known as No ., 99 Mari an '.Drive Street . ( c) Premises affected are in Zoning District and. the premises i affected have an area of square feet and frontage of fleet . 3''. Ownership (a ) Name and address of owner ( if joint ownership , give all, names ) : Robert P. & Monique Goodrich Date of purchase Aug. 15, 1978' Previous- Own= r. Thomas G. MacDonald ( b) If applicant is not owner , check his interest in the premises Prospective Purchaser Lesee 1t her .(explain ) 4. Size of proposed building : front ; Peet deep Hei ght : stories ; feet. w a ) Approximate date of e;:rection : ( b) Occupancy or use of each floor : ( c ) Type of construction : 5 . Size of existing building : feet front ; feet deep ; f _ Height : stories ; feet . (a) Approximate date of, erection : ( b ) Occupancy or use of each flocs. (c) Type of construction : 6 . Has there. been a previous appeal under zoning , on these premises ? Yes If so , when? 7. Description of relief sought on this petitionTnforcement of Condition No. 7 of Plannin¢ Board decision dated Oct. 6, 1980, � which is set forth in. its. entirety on reverse side, Section 9.- 'as it applies to all real property contimious with the oroperty described in Section 8 below Deed recorded in the Registry of Deeds in Book 1251 Page 35 or Land' Court Certificate No . Book .'age (1) -Tearinrz. on or vinal building of Advance. Reproduction Corp. before �__ Board of Ap-oea.ls, July 12', 1.982; • 1 ,`1 The principal points upon which 'I base my application are.'as follows ; (Must be stated in detai 1 ) ,{ r ,s ; , r, o!. With respect to construction on Lot W, Fl�.aship ri:Vej,) dja e t! to -oetiti oners ' propert , the Flannin'sr 3oard' s decision of Oct. ,. 1980 s ates in Condition No. Y the o owing: hat as required by our Zoning 3y Taw, Table 2, Summary of Dimentional Requirements, Footnote 3, Adjacent to residential districts, the required side or rear set back shall .be. 100 feet. The first 50 feet shall remain open and green. be suitable land-� scared, unbuilt .upon, unpaved, and not -oarke.a upon. Said 100. foot set back s. 971 extend from the nroperty line." This condition was not complied with. •�0�-o Ej„>>Ct'�,����0, l(��� ULA f-�-.1'�-ty�c�Cy✓• ' I agree to pay for advertising ' in newspaper and incidental expenses*. . C� Petitioner's 'Signature Sec. 1 APPLICATION FORM Every application for action by the Board shall be made on a form _ approved by the Board: ._._Tbese forms shall be furnished by the clerk upon request . Any communication purporting to be an application shall be treated as mere notice of intention to seek re.iief until such time as it is made on- the official application licati' on formAll in- formation called for by theform shall be furni.sied by the applicant in the manner therein prescribed. Every application shall be submitted with• a. list of "Parties in Interest" which list shall include the petitione , , abutters , owners of land directly opposite on any. public or private street or way , and abutters to the abutters within three hundre,l feet of the prope.rty line of the petitioner as- they appear on the .,.os': recent applicable tax list , notwithstanding that the land of any s�:rh owner is located in another city or town , the Planning Board of the city or town , and the Planning Board of every abutting city or town . * Every application shall be submitted with an application charge cost in the amount of $25 . 00 . In addition, the petitioner shall be respon - sible for any and all costs involved in bringing the petition before the Board . Such costs shall include mailing and publication., but are not necessarily limited to these . LIST OF PARTIES IN INTEREST Name Address I/ .Edward A. Condon 89 Marian give, North Andover, Mass. liame .Address 1. A.R.C._ "Realty Corporation Q e�, North Andover ;12. Peter P. Novello 111 Marian Drive, North Andover V 3. Edward J. O'Leary ✓ Raymond J. Vicunas P. 0. Box 468, Holyoke, MA v 4. Capricorn Corporatior. 801 Turnpike Street, North Andover v-5. John R. Haverty Estat .. c,o `John Hamilton 15414 S. Stevens Ave. ,, Bellflower, CA 90706 %/6. Micromatics Products ' o., Inc. 48 Haverhill St. , P.O.Box 3 SVS, Andover, MA 7. Richard L. & Patricia, A. Cavanaugh 123 Marian Drive, North Andover 8. Frank J. & Frances J, Greslick 79 Marian Drive, North Andover K9. Commador Corporation 1ssY � ryuY 805 Turnpike Street, North Andover • (Use additional sheets if necessary) ' Receiv2d�-by Town Clerk; Date.: TOWN OF NORTH ANDOVER, MASSACHUSETi.S - BOARD OF APPEALS +,'��: Ti me . . •+pus Notice: This application must be typewritten APPLICATION FOR, RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant Robert P. & Monique Goodrich Address 99 Marian Dr. No. Andover, Ma. 1. Ap..plication is hereby made (a) For a variance from the requirements of Section Paragraph and Table of the Zoning By-Laws. (b) For a Special Permit under Section Paralraph of the Zoning By-Laws. (c) } As a party aggrieved, for review of a decisio•: made by the Building Inspector or other authority. 2., (a) Premises affected are land and building's) numbered Street. (b) Premises affected are property with frontage on the North ( ) South ( ) East ( X ) West ( . ) side of 100 Flaashin Drive (Addition) Street, and known as No. 99 Marian .Drive Street. (c) Premises affected are in Zoning District and the premises affected have an. area of square feet and frontage of feet. 3`. Ownership (a) .Jame and address of owner (if joint ownership, give all names) : Robert P. & Monique Goodrich Date of purchase Aug. 15, 197$ Previous Owns Thomas G. MacDonald (b) If applicant is not owner, check his interest in the premises : Prospective Purchaser Lesee )ther (explain) 4. Size of proposed building: front; °eet deep; Height: stories; feet. - a) Approximate date of erection: (b) Occupancy or use of each floor: (c) Type .of construction : 5. Size of existing building: feet front; feet deep; .-_Height: stories ; feet. (a) Approximate date of erection: (b) Occupancy or use of each floor: (c) Type of construction: 6. Has there been a previous appeal , under zoning, on these premises? Yes (1) . I.f so, when? i. Description of relief sought on this pet.itionZnforcement of Condition No. 7 of Planninq Board decision dated Oct. 6, 1980, which is set forth in its entirety on reverse side, Section 9, as it apnlies to all real property contiguous with the property described in Section g below or, B. Deed recorded to the Registry of Deeds in Book 1231_1_ gage _ Land Court Certificate No. Book T_ 'age (1) Hearina on orivina1 building of Advanced Reproduction Corn. before Board of Appeals, July 12, 1982. �5 2 The principal points upon which ,'I base my application are as follows : (Must be stated in detail) 9 With respect to construction on Lot W, Fla...gship Drive, adjacent to petitioners' property, the Plannin'sz Board's decision of Oct. 6, 1980 sates in on on iso. t e ollowing: hat as required byour on ng 3y Taw, Table 2, Summary of Dimentional Reauirements, Footnote 3, Adjacent to residential districts, the reauired side or rear set back shall be. 100 feet The first 50 feet shall remain oven and green, be suitable land— scaped, unbuilt uunpaved, and not nar'ae� upon. Said 100 foot set back .p on, shall extend from the nropert line." i This condition was not complied with. I agree to pay for advertising in newspaper and incidental expenses* Petitioner's Signature I Sec. 1 APPLICATION FORM Every application for action by the Board shall be made on a form approved by the Board: ._._These 'forms shall be furnished by the clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All in- formation called for by the form shall be furnis'ied by the applicant in the manner therein prescribed. - - Every application shall be submitted witha list of "Parties in Interest" which list shall include the petitione -, abutters , owners of land directly opposite on any public or private street or way , and abutters to the abutters within three hundred feet of the property line of the petitioner as they appear on the ,os - recent applicable tax list, notwithstanding that the land of any s�:ch owner is located in another city or town, the Planning Board of the city or town, and the Planning Board of every abutting city or towr. - * Every application shall be submitted with an application charge cost in the amount of $25.00. In addition, the petitioner shall be respon- sible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and publication, but are not necessarily limited to these. i LIST OF PARTIES IN INTEREST Name Address Edward A. Condon 89 Marian Drive, North Andover, P4lass. r (Use additional sheets if necessary) _, BK 159 30 • CA o;!tdt APPROQAL t! DMINTt1vB •.a 8 : 19 ~' To the nowintg Hoard of the Tom of North Atda.ers The undersigned' being the applicant u u defined,order Chapter ae section MAp for approval of a proposed subdivision shown on a plan entitled WILLoc.) TNOU.Sr9tAt. 10,444 ExTL�nJs.o�J by P. R4Z6A+J dated.G//%40 ys_ i being land bounded as foltcwst ON The NoRTN V LAN/ 0V* ad 4, Jo ad W��t ow ann,7usrR/Ac 'ooltrc OAJ 77fC twcST a,.d Sou TN QV AA"/) PIP S IOSr-K. 7W& EAST LANDv/ C�A►Gb/J l� 6o� f{K.i-1 --J WOVE F �` 4 nerreby submits said plan as a DEirIi(ITM plan in accordance with the Rules and Re6�ations of the No rth Andover Planning Hoard and makes application to the � Board f al o or approval f said plan. . II Title Reference, ibtth Bane: Dseds9 Book,lt Page A62Li or - Certificate os-Title No. Registration Bookpage I or -Others :, --•: :` Said has not evolved arca a an P� � ) � subedtted to prelisinary, plan the Board of 19� and approved (with modifications) K: I - raced disc .. PP on 19 The undersigned,�_��:• i'I„i erred hereby applies es for theapproval of said DFPIINITIYE plan by-the Board, and in furtherance thereof hereby agrees to abide by the Hoard's Rules and Regulations. The undersigned hereby further covenants and agrees - with•the Town of North Andover, u approval of said DEnNITIYB lag the. - ~=, Pon P by >$ -- Boards _: -•; 1. 20 install utilities is aecordancs with the rules and regulations of the >t T Planning Board, the Public Works Department, the Righwar Surveyor, the Bo Health,and of R th, and all general as well aslaws of said ?f as are applicable to the installation of utilities within the Baits of i ways and etree to i 2. To complete and construct the streets or and other improvements shown � ways ' - • thereon in accordance with Sections Iv and V of the Rales and Regulations ; . of the P1 Board and the ed DFFI4IITIY8 files and eros s---� Planning PPS Pyr P� s ” - sections of the same. Said plan, profiles, cross sections and construction : specifications are specifically, by referencev incorporated herein and wade a part of application. This application and, the eavenaats.and agree- Mentz PP agre rents herein shall be n all heirs executors administrators 1. �n8 Pon • t r successore, grantees of the whole or part of said land, and assigns,oi`the•a �; I a tmdersignedi and T s ; 9• To complete the aforesaid idstallations and con ruction withlai,two years from t r Hereof. , Received b7 Cort /' cC + U.a'`. I' Date, ..U�'+ >£� n _ tore of A plicaat \. :E:• "�. t �' rb - ! lYnet IcJ ' �:, �JgO �- •%T /�vnnl/�iKE•/JTrt��•' •� � Signature, .13 - • � li • f 1 BH1591 ' Notice to APPLICANT/TOWN CLERK and Certification of Actio.A of Planning Hoard 3f. ^• on Definitive Subdivision Plan entitl ds. WILLowS INIAJSTRIAL PARK Emm.$1 . . Bys Robert P. Rescan dated June 13 9 19.22. and • • • • •• Revised..Ootober 6, 1980 The North Andover Planning Board has void to AP WVI said pl&% subject to the following conditions , I. That the record owners of the subject land forthwith execute and record �•� s a "covenant-running with the la d•r or otherwise provide security for the can, m t. structioq of wars and the installation of.madcipal services within aaid enb, '_} division► all as Ovdded *G L. e. 11; 3."81—U. 2. That all,such Sanstruction and installations'ehall in all respects - ' conformi"to the governli rules and regalationr of this Board. , . . 1. Other conditiams (see attached sheet) i .. In the event thatno e , hall lean al been taken apps en tram said approval within . s twenty " from this dater the North Andover Planning Board will forthwith a . thereafter endorse its fos*al approval upon said plan. r N t2 13 r4! �} S to R Qti 0 • ° by POST$ AXDOM PtAIMM BOARD # " 0!0 t0•z Dates .. October 1980 WS,_Willi= chenulie.Chs�i { IK1591 32 • Conditions for Willows Industrial Park Utension I . October 22, 1980 Ho. 3 Boilerplate does not Apply- That pply ' q. That no work shall be dons in the subdivision until smoothy is the I fors of a band or covenant has been duly recorded and the plans are signed and recorded. s. That any changes made !o the definitive plan by other town agencies 9 Planning board tp the applicant. or officials shall be submitted to the All street trees shall oonfom to the Tree Warden's specifications* t T. That, as required by our Zoning Dy—Law, Table 2 ftmmst7 of Dimentional 1' Requiresents, Footnote 3s Adjacent to residential districts, the required t side or rear setback shall be 100 feet. The first 50 feet shall remain open i and green, be suitably landaoaped, unbuilt upon, unpaved and not parked F upon.. Said 100 foot setback .shall extend from the property line. e. All water and sewer improvement@ Amll be in accordance with the board of Public Works letter dated September 22, 1980. IIr' 9• As required ?y the Highway 9crveyorIa letter dated September 16, 19801 i I ' a) all road'improvements shall be made in soocrdaAce with the revised plan, dated October 6, 1980; a b) A minimus Crede of 1% shall be maintained on the entire roadwayi j o Where drainage is to be discharged, a drainage easement deeded to the Town of North Andover shall be requiredi d Road gravel must be of good quality and free of any stones over 6 inohesl e; Waiver of 40 foot paved area. l� 10. Revised plans showing the 1,G grade shall U submitted to the Planning Board, A Certificate of Compliance required from any Order of Conditioati issued •.Y.. .- J{.. by the Conservation Commicsion shall be required of the applicant prior to the final releaae of any bond or covenant. 1 L Al2 worked no lacer than October 159 19819 in said subdivision shall be complet ' except the finish coat. On.October 15, 1981, the Planning Board will set a completion date for the finish ooat. x II . 1:6P1d #6997 Recorded July 19,1982 .at 1 , 1 • CII � I �U llATTEST: 00l 221980 AT l rue Copy m TOWN OF NORTH ANDOVER '�/J • �� � 1 � co MASSACHUSETTS t o Town Clerk ` . ,oRTh 2 of,,... �tio 0 2° o v z �'2 b ZD c�rtNy thN twWo(20) 1 �wy�� I/��,.�w J may+ 71 As ft"n date o iR � - • n;. , • *MOA filing o9 an Lf�cV: S�CHUSE D awl, Tf7sv/fl C / <''z C October 22, 1980 Daniel Long, Town Clerk . Town Office Building 11orth Andover, Mass. 01845 Dear Sir: The following petition was heard at a meeting of the Planning Board on Monday, October 20, 1980 in the Torn Office Meeting Room. The following members were present and voting: William Chepu.lis, Chairman; Paul Hedstrom, Vice-Chairman; Joseph D'Angelo, Clerk, Michael Roberts; and John Burke. A motion was made by Mr. Roberts and seconded by Mr. Burke to approve the definitive plan of land entitled "Willows Industrial Park Extension" with the following conditions with a completion date of October 15, 1981 . The vote was unanimous in favor of the motion and the meeting adjourned at 11 : 15 p.m. Conditions - Willows Industrial Park Extension 1. That the record owners of the subject land forthwith execute and record a "covenant running with the land," or otherwise provide security f,);• the construction of ways and the installation ofmunicipal services within said subdivision, all as provided by G.L. c. 41 , S. 81-U; 2. That all such construction and installations shall in all respects conform to the governing rules and regulations of this Board; 3. No. 3 boilerplate does not apply; 4. That no work shall be done in the subdivision until security in the form of a bond or covenant has been duly recorded and the plans are signed and recorded; That an changes made to the def' 1 he agencies or 5 y ge definitive plan by other town a� ncie officials shall be submitted to the Planning Board by the applicant; 6. All street trees shall conform to the Tree Warden's specifications; 7. That, as required by our 'Zoning Ay-Law, Table 2 Summary of Dimentional Requirements, Footnote 3: Adjacent to residential districts, the required side or rear setback. shall be 100 feet. The first 50 feet shall remain open and green, be suitably landscaped, unbuilt upon, unpaved and not parked upon. Sa.i 1 d 00 foot setback shall extend from the property line. iii lows Industrial Park Extension 1 Page 2 October 22, 1980 8. All water and sewer improvements shall be in accordance with the Board of Public Works letter dated September 22, 1980; 9. As required by the Highway Surveyor'u letter dated September 16 1980: a) all road improvements shall be made in accordance with the revised Plan, dated October 6, 1980; b) a minimum grade of 1jo shall_be maintained on the entire roadway C) where drainage is to be discharged, a drainage easement deededto Town Of North Andover shall be re the d) road gravel must be of good xluired; e) waiver of 40 foot quality and free of any stones over 6 inches; Paved area; 10. Revised plans showing the 1jo grade shall be submitted to the Planning n„ Board; 11. A Certificate of Compliance re � gshall beore� Order of Conditions issued by the Conservation Commissionquired of the applicant prior to the final release of any bond or covenant; 12. All work in said subdivision shall be completed 1981, except the finish coat. p no later than October 15 On October 15, 1981 , the Planning; Board will set a completion date for the finish coat. Very truly yours, PLA11WING BOARD William Chepu Jw lis, Chairman (Plan to follow) it _ ,- ., 3? •.,r. .. O� , 49 1ssACMUb�t TOWN OF NORTH ANDOVER •MASSACHUSETTS BOARD OF APPEALS 'anuary 16., 1985 Ms . Kathleen Gorman, Director - ----- North Andover Senior Center North Andover , Mass . 01845 Re: Use of Meeting Room 'on 'January 22, 1985 Dear Ms . Gorman: .This letter will verify our - telephone conversation of January 16, 1985 during which I 'reserved the meeting room locate3 in. the Senior Center for Tuesday evening, January 22, 1985 at 7 : 30 p.m. The purpose. of the request is to conduct a special_ Board of Appeals meeting. I understand that your office will notify the custodian of our meeting time. Thank you for your help. If I can answer ani questions , please feel free to call me at 685-4775 between 10:01 , a .m. and 3 :00 p.m. f incerely, 1OARD OF APPEALS i, J_,an E. TIhite, Secretary ]w NORTH ANDOVER BUILDING DEPARTMENT pORTM 120 MAIN STREET NORTH ANDOVER, MA 01845 ,° p rep +►°off `..,_-.y4F# CHU INSPECTOR OF BUILDINGS TEL. 888-8102 ELECTRICAL INSPECTOR GAS INSPECTOR January 4, 1985 Board Of Appeals 120 Main Street North Andover,Ma. Gentlemen: In regards to the petition of �Robert Goodrich, Im requesting that the public hearing be continued for one month.. As I will be away on a vacation that has been planned for many moons.- So I will be unable to attend the January 14, meeting. Very truly yours., CHARLES H. FOSTER INSPECTOR OF BUILDINGS COMMONWEALTH OF MASSACHUSETTS ESSEX, SS: TRIAL COURT SUPERIOR COURT DEPARTMENT C.A. "NO. . 82-1223 ROBERT P. GOODRICH, ) MONIQUE GOODRICH, EDWARD ) A. CONDON, JR. , NANCY ) CONDON, INDIVIDUALLY AND ) AS TAXABLE INHABITANTS OF) THE TOWN OF NORTH ANDOVER) AND ) JAMES HART, MARY HART, ) WILLIAM CHEPULIS , BRIAN ) FINN, MARGARET FINN, ) NICHOLAS DeNITTO, BARBARA) DeNITTO, DAVID AMUNDSEN, ) LINDA AMUNDSEN, RICHARD ) VALLE AND BEVERLY VALLE, ) DEFENDANT'S, A.R.C. REALTY AS THEY ARE TAXABLE IN- ) CORPORATION,. MOTION FOR HABITANTS OF THE TOWN OF ) SUMMARY JUDGMENT NORTH ANDOVER, ) Plaintiffs ) ALL OF NORTH ANDOVER, - ) ESSEX COUNTY, MASSACHU- SETTS ) VS. . ) ) CHARLES H. FOSTER, OF ) . SAID NORTH ANDOVER AS HE ) IS THE INSPECTOR OF ) BUILDINGS OF THE TOWN OF ) NORTH ANDOVER AND A.R.C. ) REALTY CORPQRATION, A ) MASSACHUSETTS CORPORATION) Defendants ) The Defendant, A.R.C. Realty Corporation, by its attorney, respectfully moves the Court , pursuant to Rule 56 of the Massa- chusetts Rules of Civil Procedure , enter judgment for the Defendant on the entire action, or on any part appropriate, on the following joint and several grounds :. )SEPH FITZGIBBONS ATTORNEY AT LAW CENTRAL BUILDING 010 EBIE% 9TREET - .AWRENCE. MA 01&40 017 866.1080 1. That it appears from the face of the Plaintiff 's Complaint, its attached Exhibits, the copies of the Zoning By-laws of the Town of North Andover attested by the Town Clerk, and the attested copy of the Zoning Map of the Town of North .Andover , dated May 12, 1972, all of which is appended hereto, that the Defendant has met the conditions of the Planning Board as listed in Exhibit 4, pages 1 and 2 of the Plaintiff 's Complaint, and that, therefore, there is no genuine issue as to any material fact and the Defendant is entitled to judgment as a matter of law. 2. That from the certified copy of the approved subdivision plan and from affidavits submitted herewith that said condition was not recorded with the appropriate registry of deeds as required by law, as a matter of law, said condition is not valid and binding . ' Therefore, there is no genuine issue of material. 1act, and judgment should be entered as a matter of l.aw for the Defendant. 3. That the said condition of the Planning Board is invalid -as an impermissable extension of authority in violation of M.G.L. c. 41 § 81Q and the applicable case law as it relates to and requires zoning provisions more stringent than the requirements of the existing Zoning By-laws of the Town of North Andover , all of which is made to appear by the Plaintiff 's Complaint, its attachments, and the Zoning.By- laws and Maps appended hereto. Therefore, there is no genuine issue of material fact and the Defendant is enti- tled to judgment as a matter of law. 4 . That the Plaintiffs' Complaint fails to state a claim upon which relief can be granted because the alleged condition sought to be enforced is, not :endorsed upon the plan as required by section 81Y. Accordingly, judgment should be entered as a matter of law for the Defendant. 5. That this Court lacks jurisdiction over the subject matter of Count 1 of the Plaintiffs ' Complaint under M.G.L. c. 41 S81Y because the condition sought to be enforced is not a condition relating to the adequacy of ways and is, there- fore , not a valid condition. Therefore, this Court should enter judgment as a matter of law for the Defendant . 6. That Count II of the Plaintiff ' s Complaint relies upon violations of M.G.L. c. 41 §81K-81GG as its basis for the cause of action, but that such violations are within the exclusive subject matter jursidiction granted to this Court by Section 81Y, and that , therefore, are not properly the subject of an independent cause of action. Therefore , the Court lacks subject. matter jurisdiction over .Count II JOSEPH FITZGIBBONS ATTORNEY AT LAW CENTRAL BUILDING $10 ESSEX STREET LAWRENCE. MA 01940 027 60n-3090 and judgment should be entered as a matter of law for the Defendant as there is no genuine issue of material fact. 7 . That Count III of the Plaintiffs' Complaint fails to state a cause upon which relief can be granted. Therefore , judgment should be entered as a matter of law for the Defendant as there is no genuine issue of material fact. Respectfully submitted, ;- By or n or ant �J PH FITZGIBBONS, ESQ. 16 Essex .Street Lawrence-, MA. 018.40 Tel ..No. 685-3090 Certificate of Service I , Joseph Fitzgibbons, Attorney for the Defendant, A.R.C. Realty Corporation, hereby certify that I hand delivered a copy of the within Motion for Summary Judgment to Attorney Joseph Grasso, Jr . , attorney for the Plaintiffs herein, this sixth day of July, 1982 and notified him that the same would be heard at the Essex Superior Court in Peabody, Massa- chusetts on July .19., 1982 at 9: 30 a.m. Joseph Fitzgibbons Certificate of Service I , Joseph Fitzgibbons, Attorney for the- Defendant, A.R.C. Realty Corporation, hereby certify that I mailed a copy of the within Motion, postage prepaid, to Attorney John J. Willis, at 160 Pleasant Street, North Andover , Massachusetts, this sixth day of July, 1982, and notified him that the same would be heard at the Essex Superior Court in Peabody, Massachusetts on July 19, 1982 at 9 : 30 a.m. Joseph Fitzgibbons JOSEPH FITZGIBBONS ATTORNEY AT LAW CENTRAL SUILOINO ale ESSEX STREET LAWRENCE. MA 01840 - 017 606-3000 - COMMONWEALTH OF MASSACHUSETTS - ESSEX, SS: TRIAL COURT SUPERIOR COURT .J DEPARTMENT C.A! NO. 82-1223. ROBERT P. GOODRICH, ) MONIQUE GOODRICH► EDWARD ) A. CONDON, JR. , NANCY ) CONDON, INDIVIDUALLY AND ) AS TAXABLE INHABITANTS OF) THE TOWN OF NORTH ANDOVER) AND ) JAMSHA_RT', MARY HART, WILLIAM CH-EPULIS, BRIAN FINN', MARGARET FINN, ) NICHOLAS DeNITTO, BARBARA) U D2NITT0r DAVID AMNDSEN, ) LINDA AMUNDSEN, RICHARD ) VALLE AND BEVERLY VALLE, ) DEFENDANT' S, A. R.C. REALTY AS THEY ARE TAXABLE IN- ) CORPORATION, MOTION FOR., ' HABITANTS OF THE TOWN OF ) SUMMARY JUDGMENT NORTH ANDOVER, ) Plaintiffs ) ALL OF NORTH ANDOVA, t�. ESSEX COUNTY, MASSACHU- ) 1 1 T SETTS ) .BUY i�`e CHARLES H. FOSTER, OF SAID NORTH ANDOVER AS 11E ) IS THE INSPECTOR OF . �'' � ' �'�� z� BUILDINGS OF THE TOWN OF . . � NORTH ANDOVER AND A. R.0 ) REALTY CORPORATION, A MASSACHUSETTS CORPORATION) Defendants ) { on by it�tt ne , The Defendant, A. R.C. Realty Corporation, Y respectfully moves- the Court ,. pursuant to Rule 56 of the assa- chusetts Rules of Civil Procedure',,. enter`-judgment or, the Defendant, on the entire action ,' or on any .part appr iate, on the ,followin -'oi'nt and several grounds 9 3 eSEPH FITZGIBBONS ATTORNEY AT LAW CENTRAL aunoiNo rzi ale EOOHX &TRXET ,AWRENCE, MAL QtR40 .,t FITZGIBBONS, SLIPP & HOMSEY ATTORNEYS AT LAW 316 ESSEX STREET JOSEPH FITZGIBBONS LAWRENCE,MASSACHUSETTS 01840 TELEPHONE PETER T.SLIPP (617)681.0666 KENNETH M.HOMSEY December 11, 1984 Nicholas J. De Nitto J.D. Attorney at Law 130 Marian Drive North Andover, MA 01845 Re: Advance Reproductions Corporation Dear Mr. De Nitto: This is to advise you that this office represents the above- captioned Advance Reproductions Corporation with respect to the matter of your letter of December 7, 1984. Please be advised that the subject matter of your letter was the subject of a court action in which you yourself was a named party Plaintiff. The court, as you know, ruled in the favor of Advance Reproductions Corporation. I see no need to pursue this matter again. If your client should persist in harassing my client, I will have no choice but to proceed for damages against your client. Very truly yours, FITZGIBBONS, SLIPP & HOMSEY Joseph Fitzgibbons JF:eml F cc: Paul Hedstrom, Esq. , Chairman, Planning Board /Frank Serio, Chairman, Zoning Board of Appeals Charles Foster, Building Inspector Ralph Joyce, Esq. , Town Counsel John Graham, Chairman, Board of Selectmen Karen Nelson, Town Planner Advance Reproductions Corporation 4 ATTORNEY-AT-LAW 130 MARIAN DRIVE NORTH ANDOVER, MASSACHUSETTS 01845 TEL. (617) 683-1493 December 7 , 1984 CERTIFIED MAIL RETURN RECEIPT REQUESTED Charles Nigrelli Advance Reproductions Corporation 100 Flagship Drive North Andover , MA 01845 Dear Mr. Nigrelli: At the Planning Board -meeting Monday evening, December 3 , 1984 , at which you were in attendance, the following facts were reviewed and/or discussed: (1) Form C Application for Approval of Definitive Plan dated August 18 , 1980 was submitted by Robert P. Regan re : Willow Industrial Park Extension; (2) The Definitive Subdivision Plan is entitled WILLOWS INDUSTRIAL PARK EXTENSION By: Robert P. Regan dated June 13 , 1980 and Revised October 6, 1980 ; (3) The North Andover Planning Board voted to approve said plan, subject to conditions numbered 1-12 inclusive on or about October 22, 1980 ; (4) Such conditions are incorporated in item No. 1 above and were recorded in Book 1591,. Page 30 with the North District Essex County Registry of Deeds (copy is enclosed) ; (5) Condition No. 7 provides: That, as required by our Zoning By-Law, Table 2 Summary of Dimensional Requirements, Footnote 3 : Adjacent to residential districts, the required side or rear set back shall be 100 feet. The first 50 feet shall remain open and green, be suitably landscaped, unbuilt upon, unpaved and not parked upon. Said 100 foot setback shall extend from the property line ; ... IL Charles Nigrelli 2 - December 7 , 1984 (6) You and/or Advance Reproductions Corporation (ARC) obtained a building permit on or about November 7 , 1984 for the construction of an "addition" to the existing structure; and (7) The preliminary construction of the addition as it presently exists is in violation of condition No. 7. This violation by you and/or ARC is causing Robert P. and Monique Goodrich, abutters to such property, irreparable harm and severely deprieves them of their property rights. You are hereby advised to cease and desist any further construction of the addition until this matter has been resolved. Your failure to heed this advice can only result in the acquisition of a court injunction to restrain any further deprivation of property rights of my clients. Such action can only result in costly litigation to all parties. I strongly urge you to *request your attorney to telephone me at 366-9011, ext. 3179 as soon as practicable in order that this matter can be resolved as expeditiously as possible. Very truly yours, Enclosure pc : Mr. & Mrs. Robert P. Goodrich Paul Hedstrom, Esq. , Chairman, Planning Board Frank Serio, Chairman, Zoning Board of Appeals Charles Foster , Building Inspector Ralph Joyce, Town Counsel John Graham, Chairman, Board of Selectmen Karen Nelson, Town Planner : B_B 15 9 1 ' 30 E APPLICAM N POR APPMAL OF DffirIMTM PLAN rs To the Pluming Board of the Tom of North Andovers The madersigneds being the applicant an defined endear MAptear hls Secticss CA# for approval of a proposed subdivision shown an a plan entitled (A)ILLoW :TNOusrrtiAI. W i by bio(� T p. R��A+J dated G//V60 `p being lead bounded as follawq On/ r)-K AJ0RTN lab LR�yO N/I� /"lAR/'J0 a� WILLOW XojDusrR1At 'OARr- 0'j THC cwcST 6.d SOU774 .6 LAND PIF SSWIOSCC. 7)09 CAST- t,aAva ,y/F Cog06tj , 6oaoR►c.i41 --J APOVIS hereby submits said plan as a D eVaTIYS plan in.accordance with the Rules and l� . , Regulations of the North Andover Planning Board and makes application to the ` Board for approval of said plan. Title References Worth Base: Dseds@ Boob /Mil Page 109,l or 'i• Csrtifieats as,Title No. Registration Books peg_l or -Others # jl . Said plan hasO has not(%) evolved from a preliminary plan subaittd to "r ther Board of 19_ and approved (with modif4cationo) ( ) r i disapproved on s 19_. ' f Its The undersigned hereby applies for the approval of said DEFINITIVE plan by-the Board and in furtherance thereof hereby agrees to abide by the Boards Rules and Regulations. The undersigned hereby further covenants and agrees °;::;',_,•;.. � � t��h'=he Town of North Andover# upon approval of said DEFINITIVE plan by the. 1. To install utilities in accordance with the soles and regulations of the ?r. Planning Board, the Public Works Departments the NienW Surveyors the Board of Health, and all general as well as zoning by-laws of said Towers + as are applicable to the installation of utilities within the limits of _. wage and streets{ 2. To complete and construct the streets or ways and other improvementy sham thereon in accordance with Sections Iv and V of the Rules and Regulations of the Plam+ing Board and the approved DEFINITIVE plan, profiles and cross ( ` sections of the sane. Said plan, profiles, cross sections and construction specifications are specifically, by reference, incorporated herein and Lade 3..... i ;.p,a:;� z: apart of.this application. This application and the cavenaats and agree- "` } Bents herein shall be binding upon-all heirs, executors# administrators, I ;' o successors# grantees of the whole or past of said lard, and assigas of the•e _ i� i undersigned! and /r i 9• To complete the aforesaid idstallatiasas ud c coon withIA,t;o years from t r ereof. r Rseeived by C44 j Dates o. Ul+ £��n tore of A plicant L\11a ter lis+ss �` I%AU, AwcCu F j:4 'MA. r.C)✓SQ• Signatures A ass :,tee. „ '•;\,�_ � �,�`�;� i ' i BH1591 ' Notice to APPLICAN000 CUM and Certification of Actin.A of Plamdng Board on Definitive Subdivision Plan entitleds MLOws INDUSTRIAL PARR EXTENSIoN. 3i• >> Bys Robert P. Regan dated June 13 , 19 80 and • • • • •• Revieed. October 6, 1980 r The North Andover Planning Board has voted to APPROVE said plan, subject to the following conditions: . 1. That the record owners of the subject land forthwith execute and record a "covensnt_running frith the land', or otherwise provide security for the can. t. structioq of ways and the installation of.municipal "i aerviees within said eub�• t_• division all u piovidid 2. That such true . all Sats tion and installations'shall in all respects Put orm* , coot 'to the governing rales and regnlationt of this Board. 40 Other condtionss j (ace astaohed sheet) In the event that no appeal shall have been taken from said approval within f twenty d41rs from this date, the North Andover Planning Board will forthwith ' s ' thereafter endorse its formal approval upon said plan. ` r- ,` 12 13 r4 "AE. J . u ro to rt 6L WM AXD" FLAMM BOARD Dates _ October 2 1980 By1.�illiwm Chen lie. 1t�nsn F Y. 3 :gip - .•w.;,,i- B K. 32 Conditions for Willows mduwtrisl Park stenion October n, 198 f No. 3 Doilerplate'doss not APP1J• I 4. That no work shall be done in the subdivision until security in the fors of a bond or covenant has been duly reoorded and the plans are f i signed end recorded. 0. i ;j�' -` S• That any changes made to the definitive plea by other tows agencies � .. or officials shall be submitted to the Planning Board by the applicant. ll 6. All street trees shall conforn to the Tree Warden's speoifioaticns. � 1 t 7. That, as required by our Zoning Dy—Lary Table 2 Summary of Dimentional Requirements, Footnote 3s Adjacent to residential districts, the required E . 1 side or rear setback shall be 100 feet. The first 50 feet shall remail open and green, be suitably landscaped,_ unbuilt upon, unpaved and not parked F up=. 10�foot setback nhall extend am the yroparty=_11 e. 1 k — -— ! � All water and sewer improvements.ehsll be in accordance with the board of ?: Public Works letter dated September 22, 1980. 9. As required tp the Highway sttumyorle loiter dated September 16, 19801 ' f a) all road improvements shall be made in acoordaaoe with the revised plan, dated October 6, 1980. >* { b) k minimum grade of 1A shall be maintained an the satire roadwe�l�t o) Where drainage is to be discharged, a drainage easement deeded to the Town of Worth Andover.shall be requiredl d Rogravel must be of goad qualitli and free-of any stones over 6 iaohesl e3ad Waiver of 40 foot paved area. 10. Revised plans showing the 1.,C grade shall be submitted to the planning board. I! I.I. A Certificate of Compliance required from any Order of Conditions issued L; by the Conservation Commiaeion shall be required of the applicant prior to ` ( the final release of any bond or covenant. 1I ,�. it. All work is said subdivision shall be completed no later than October 19, 1991, t ezoepL the finish coat. on.october 15,.1981, the Planning Board will seta 3 completion date for the finish coat. s I Recorded July 19,1982 .at. lt6PM #6997 I ESS- Board of Appeals 'aETUR Town Office Building ro FD q + S North Andover, Mass. 01845 �,SFRDER y ms ' Uncl n�: 'fr';Ff2 f f3'� n + Ad 2c ; Iris!! .- No SL-Ci, (ice 1 Nf, Sac! `.�cn Ste envelope ?Cfe(!! 4'f1�atAis , i �. r fi 'jq(-t 1 t.►'�4 f'll":.l.L �'r R.:,.tt: ►, �t:•a 13 Svs �! f �+ I �{ .. a I 1 � . . . �� �� 1 .� ; �L.. :•t , � . .: ; �: , F s �. , , � ► � , . � , v►f aORTH of.••"'••?ti • Any appeal shall be filed DAI~tlt:t, � ;io:.� �o;� . within (20) days after the 4 0: Av�10TV •� TOWN C: ARK date of filing of this Notice NORTH .AP+NER '+'q',l8ss � � in the Office of the Town �►�SACNUSf .� ►►►vvvyv� ' � Clerk. _ OF. NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Febr r 14 , 1985 ,Date . . :. . . . . na. . . . . . . . . . . . . . . . . . . . ; Petition No.. . . 1. . . 8.5. . . . . . . . . . . . . . . Date of Hearin January 14 , 1985 g Ja'nua*ry 22 , 1985 Petition of . . . . .ROBERT AND �10f. . QUE GOODR.ICN Premises affected . . .L o f W; Fla g s h i p D r i v e. ( 1:O 0. F l a:g s h.i,p. D r i.v e ). . . . . . . Referring to the above petition for a UrUtiimufmwthe tagAtm6$ctho r.e v.i.e w. .o f. .a decision made by the Building Inspector., enforcement of Condition No . 7 of . t.h e. .P'l a.n n i.n g. .B o a.r.d.'.s. . d.e c i.s.i o.n . d.a t e.d'. 1.0/6./80., . a.n d. ,r.a v.o c a.t i o.n . o.f. .Building Permit No.. 460 dated 11/9/84 . c�cs�ctbxperwk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of'Appeals noted to . . . D e n y. . . the ne q u.e s t. . . . . . . . . . . . . . . . . . . . . . xwd AmbyxmAhorke Aker ft,,' ag xI�as�e�boR eta>4ss�aec pernitxtax : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . for Ake, 1zoMtrMsimxC4 Ake,ghme Awxl% Signed Frank Serio; Jr ,-., Chairman Al.f.re.d . E- Fr. iz.el :l.e , . .Esq... , . .V.ic-e Chairman Wi l l i.am. .J. . . .Su1.1. : u.an. . . . . . . . . . . . . . Wa1te.r. F. S_oul.e' . . . . . . . . . . . . . . . . Maurice_ S . _Fou-1.('s. . . . . . . . . . . . . . . . . Board of Appeals rr BdARD OF A. 7L AT N BUILDING TOWN OFV16F DEC 13 p v b, NORTH ANDOVER, VIASS.., 1934 DEC C 13 1p V� 934 M,.I,.c 99 99"2l.61JN-.I- R-'I*LJRN TO 1)[7 13,1 NOT L-:LVEFZf). E'-I.X ,-)S ADDRE UNIO)BLE: TO F*ORWORD ';�' 'EI(OD" �C� AS 21 i -Legal Notice' TOWN OF NORTH ANDOVER 'BOARD OF APPEALS NOTICE i 3 f NORTH 1. 1 eo ti �11SSACHUS�'� ;,. , . I '• •, ,, . . ., - 'i4 December r 4 1984 Notice is hereby given that the q Board of Appeals will give a hearing at the Town Building. North Andover; on Monday evenings, the •14th day of January..1985.at 7:30 P.M.to all parties interested in the ap- peal ,. of ROBERT P. AND MONI- UE GOODRICH requesting a ; review of a decision made by the, . Building Inspector and enforce ment of Condition No. 7 of,the Planning.Board'sdecision dated ' October'-6..1980 and revocation, of Building Permit No.460 dated. November 9. 1984 on premises. locatedat 100 Flagship Drive known as Lot W,Flagship Drive. By Order of the Board of Ap- peals. Frank Serio,Jr. Chairman. . Publish N.A. Citizen: December 13 and 20,1984 C16. (TO PLAINTIFF'S ATTORNEY: Plcusc Circle Type of Action Involved: — TORT — MOTOR VEHICLE TORT-- CONTRACT EQUITABLE RELIEF OTHER.) O COMMONWEALTH OF MASSACHUSETTS o ESSEX,ss. SUPERIOR COURT CIVIL ACTION No. 9y 7 ROBERT P. GOODRICH and 4 ......................MONIQUE GOODRICH----------------------------.....................,Plaintiff(s) � o © N > V �• U BOARD OF APPEALS of the TOWN Of: NORTH ANDOVER et al. Defendant(s) .... ..... ......... J •-O+ 7 Cd O C y SUMMONS i � o To the above named Defendant: BOARD OF APPEALS of the TOWN OF NORTH ANDOVER FRANK SERIO, JR. , CHAIRMAN You are hereby summoned and required to serve upon ._Nicholas J. DeNitto is ......................................... .............................- 01845 plaintiffs attorney, whose address is ..130 Marian Driver N. Andover, MA , an answer to the ro complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclu- sive of the day of service. If you fail to do so, judgment by default will be.taken against you for the relief de- manded in the complaint. You are also required to file your answer to the complaint in the office of the Clerk 0 Salem of this court at ................................................ either before service upon plaintiffs attorney or within a reasonable a -tl Cd time thereafter. a d ro ca Unless otherwise provided by Rule 13 (a), your answer must state as a cottnterclaim any claim which you b may have against the plaintiff which arises out of the transaction or occurrence that is the subject.matter of the c plaintiff's claim or you will thereafter be barred from making such claim in any other action. O 4 Thomas R. Morse , Jr., z :�, w WITNESS, J , Esquire, at Salem, the GAG i ex y, Q_ day of 0'&.4 ,in the year of our Lord one thousand .J-JP N nine hundred and eighty-ole- , Q U 0,2 7CIerk c NOTES: 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 summons is used for each defendant, each should be addressed to the particular defendant. SC 15 Form 1 COMMONWEALTH OF MASSACHUSETTS I ESSEX, SS. SUPERIOR COURT ROBERT P. GOODRICH and ) MONIQUE GOODRICH, ) Plaintiffs ) vs.• ) C. A. No. 85- BOARD OF APPEALS OF THE TOWN OF ) NORTH ANDOVER with ) FRANK SERIO, JR. , Chairman, ) z ALFRED E. FRIZELLE WILLIAM J. SULLIVAN WALTER F. SOULE MAURICE S. FOULDS, as members ) ni thereof, ) ' ' CD-) thereof, Defendants ) COMPLAINT (1) This Complaint is filed pursuant to Massachusetts General Laws, Chapter. 40A, §§ 7, 8, and 17 and is an appeal from the decision of the Board of Appeals for the Town of North Andover, Essex County, Commonwealth of Massachusetts ("Board of Appeals") dated February 14, 1985 and filed with Daniel Long, Town Clerk, North Andover, on February 21, 1985, a copy of which is attached as Exhibit "A" . (2) The plaintiff Robert P. Goodrich is a natural person, taxable inhabitant, registered voter, and citizen of the Town of North Andover, Massachusetts, who resides at 99 Marian Drive. - 2 - (3) The plaintiff Monique Goodrich is a natural person, taxable inhabitant, registered voter, and citizen of the Town of North Andover, Massachusetts who resides at 99 Marian Drive. (4)- - The --defendants named as- par-ties- herein--ar-e -members--of -.the -- Board of Appeals and all of the defendants are residents of the Town of North Andover. (5) On or about November 30, 1984, plaintiffs filed an application with the Board of Appeals, a copy of which is attached hereto and marked Exhibit "B" , which application requested, the - review of a decision made by -the Building Inspector for the Town of North Andover, Charles Foster ("Foster") , enforcement of-Condition- No.-- 7 of--the.-Planning--. Board for the Town of North Andover' s ("Planning Board") : decision dated 10/6/80, and revocation of Building Permit No. 460 dated 11/9/84 for an addition to the original building. .(6) Thereafter, on January 14, 1985, the Board of Appeals held a public hearing on said application of the plaintiffs. (7) Permit No. 460 dated November 9, 1984 issued to Advanced Reproduction Corp. ("ARC") , 100 Flagship Drive, North i IV 3 - Andover, MA [Lot W] by Foster is in violation of ' The Zoning Bylaw, Town of North Andover, MA 1972 and as reprinted 1984 ("Zoning Bylaw") . A copy of Permit No. 460 is attached as Exhibit "C" (8) Such permit is also in violation of Condition No. 7 as required by the Planning. Board, which provides: "That as required by our Zoning By-law, Table 2 Summary of Dimensional Requirements, Footnote 3: Adjacent to residential districts, the required. side or rear setback shall be 100 feet. The first 50 feet shall remain open and green, be suitably landscaped, unbuilt upon, unpaved and not parked upon. Said 100 foot setback shall extend from the property line. " (9) Foster had actual notice of Condition No. 7 at the Planning Board hearing on October 20, 1980 and presented his letter (copy attached as Exhibit "D") of same date at such hearing. (10) In its decision, Exhibit "A" , Board of Appeals erroneously asserts that its decision. regarding the issuance of the building permit for the original building on Lot W by ARC " . was upheld in Superior Court in an unrelated . matter. " v 4 _ (11) "The unrelated matter" the Board of Appeals refers to is Civil Action No. 82-1223, entitled Robert P. Goodrich, et al. vs. Charles H. Foster, et al. , in which summary judgment was found in favor of ARC because Condition No. 7 was not recorded at the North District Registry of Deeds ("Registry") when it purchased the property, but the Court has yet to determine the propriety and the validity of Foster ' s, issuance of that original permit. A copy of the ' court's ruling is attached as Exhibit "E" . (12) Notwithstanding Condition No. 7, the Zoning Bylaw requires in Table 2, footnote 3, that: "Ind. 1 [Industrial 1 Districts] adjacent to residentials districts, the required side or rear setback shall be 100 feet. The first 50 feet of . such setback abutting the residential district shall. remain open and green, suitably landscaped, unbuilt upon, unpaved and not parked upon . . . " (emphasis supplied) . (13) Such Zoning Bylaw refers to abutting districts and not abutting property lines. (14) A portion of the Goodrich's property on which they reside was arbitrarily rezoned "Ind. 1" at town meeting when the Zoning Master Plan was voted. Consequently, the abutting -zoning districts line which separates the residentially i i zoned district ("R-2") from the industrially-zoned district ("Ind. 1") is situated on their property. ! i i 5 - (15) The intent of the Zoning By-law by the 100 feet side and rear setback reqirement when there are abutting incompatible districts is to provide residents of R-2 with a buffer zone between their property and contiguous property zoned Ind. 1 and serve as protection against encroachment of their privacy and quality of life. (16) When such abutting districts occur . . the required side or rear setback shall be 100 feet . . . " and further, such setbacks are required by the Zoning Bylaw to be from the property [lot] line. Copies of By-law § 2.73 yard, Rear (Setback) and § 2.74 yard, side (Setback) attached as Exhibit "F" . (17) Therefore, Condition No.. 7 required by the Planning Board was simply the enforcement of what is mandated by the Zoning Bylaw. (18) The document which contains said Condition No. 7 is entitled 'Form C Application for Approval of Definitive Plan" dated August 18, 1980 was recorded with the North District Registry of Deeds in Book 1591, page 30 on July 19, 1982. A copy is attached as Exhibit "G" . r I P 6 - (19) Foster should have withheld the issuance of the Building Permit No. 460, Exhibit C, because the rear and/or side setback distances are in violation of the Zoning Bylaw, Condition No. 7, and contrary to his own interpretation. of the Zoning By-law contained in his letter dated October 20, 1980, Exhibit "D" . (20) The issuance of such a permit by Foster is in violation of Mass. Gen. Laws Chapter 40A, S 7. Church v. Building Inspector of Natick , 343 Mass. 366, 178 N.E. 2d 272 (1961) ; Jasper v. Michael A. Dolan, Inc. , 355 Mass. 17, 242 N.E. 2d 540 (1968) . (21) Planning Board required compliance with Condition No. ` 7 prior to the construction of the original building described in Exhibit C which fact was known by . Foster when he issued the original permit in violation of said Condition No. 7. (22) The Board of Appeals erroneously and without authority upheld Foster 's issuance of the original permit on or about July 23, 1982 (copy is attached as Exhibit "H") contrary to the requirement of Condition No. 7, by the Planning Board and contrary to the By-law. 0 7 (23) The Board- of Appeals erroneously and without authority upheld Foster ' s issuance of Building Permit No. 460 for the addition, Exhibit "C" on or about November 4, 1984 i contrary to Condition No. 7 and contrary to the By-law. I (24) Planning Board and not Board of Appeals is authorized to determine whether subdivision covenant [condition] had been satisfied so that building permit can issue. Easton V. Koenig, 1981 Mass. App. , 1981 Adv. Sh. 2132, 429 N.E. 2d 81. (25) Therefore, the decision of the Board of Appeals, Exhibit "A", exceeds the authority of the Board of Appeals by reason of the facts set forth in this Complaint, and the Board of Appeals should be ordered to enforce Condition No. 7 of the Planning Board' s decision dated 10/6/80 and -, j revoke Building Permit No. 460 dated 11/9/84. I (26) The decision of the Board of Appeals, Exhibit "A" , is a mixture of law and facts and is unreasonable, arbitrary and based on legally untenable evidence. (27) Consequently the original building and addition thereto of ARC is unlawfully situated on said Lot W approximately 50-60 feet from the property line of Robert P. Goodrich and Monique Goodrich. 8 - (28) Such -Board of Appeals decision is in violation of M.G.L. c. 40A 14. WHEREFORE, plaintiffs request that the decision of the defendant Board of Appeals be annulled so that Condition No. 7 of the Planning Board of 10/6/80 be enforced and so that Building Permit No. 460 shall be revoked and such other decree as justice and equity may require. The Plaintiffs ROBERT P. GOODRICH .and MONIQUE GOODRICH i By their attorney, Dated: Nttholas J. , eNitto 130 Marian rive North Andover, MA 01845 (617) 683-1493 i I • l OFFICE OF TOWN COUNSEL ELLIS BUILDING 95 MAIN STREET TOWN OF NORTH ANDOVER, MASSACHUSETTS 01845 ,ORTti RALPH R.JOYCE TOWN COUNSEL t . (617) 6554555 G RSS�cNuSEt March 20, 1985 Board of Selectmen 120 Main Street North Andover, . MA 01845 RE: ROBERT P. GOODRICH, ET UX VS. NORTH ANDOVER BOARD OF APPEALS Dear Sirs: Enclosed herewith please find a complaint filed by Mr. Goodrich concerning the addition to the ARC building on Flagship Drive. The appeal seeks to set aside a ruling of the Building Inspector as confirmed by the Board of Appeals and has substantial impact upon other litigation filed by Mr. Regan and Mr. Grasso concerning the Planning Board's revocation of j subdivision approval of Flagship Drive. Both of these actions have consequence on the Town of North Andover, and accordingly, it is my intention to actively participate in the same. To that end I have filed my appearance. Very truly yours, Ralph R. Joyce Town Counsel RRJ:mJ] enc. i