HomeMy WebLinkAboutMiscellaneous - Exception (607)SETTLEMENT AGREEMENT AND-hEJTUAL RELEASE OFL S
This Mutual Release and Settlement Agreement, (Agreement) is executed this
day of!�, 1998 between Dorothy J. Rennie and Scott Companies, Inc., (Plaintiffs) and
Richard Nardella, Alison Lescarbeau, John Simon, Alberto Angles, Richard Rowen and Joseph
V. Mahoney as they comprise the North Andover Planning Board and the Town of North
Andover, MA., (Defendants).
RECITALS
1. On or about November 5, 1996, plaintiffs, Dorothy Rennie and Scott Companies,
applied to the North Andover Planning Board for site plan approval for a 16,000 square foot
retail center to be built upon approximately 1.8 acres of plaintiff', Dorothy Rennie's property
lying within the Business 1 District.
2_ On June 3, 1997 the Planning Board voted 3-2 in favor of granting site plan
approval. Despite this vote, the Planning Board refused to issue a site plan approval permit. The
Planning Board requires a super majority, at least four affirmative votes of a five member board,
for approval of site plans pursuant to M_G.L. c.40A, §9.
3. The Plaintiffs filed a complaint with the Land Court on July 14, 1997 seeking,
among other things, declaratory relief pursuant to M.G_L. c.231A to compel the Defendants to
issue the site plan approval.
4. The Defendants filed an answer in response to Plaintiffs' complaint on or about
August 15, 1997. Said answer denied, among other things that Defendants had any obligation to
grant Plaintiffs a site plan approval permit.
5. The Plaintiffs and Defendants have engaged in settlement negotiations to settle
this lawsuit and as a result of said negotiations have reached an agreement for settlement.
NOW THEREFORE, for the mutual covenants and agreement contained herein and other
good and valuable consideration, the receipt and sufficiency of. which are acknowledged, the
parties agree as follows:
1. Plaintiffs agree to submit their property for re -zoning at the May 1998 Town
Meeting_ The re -zoning of this property would change the zoning boundary lines as shown on
the attached Exhibit A so that the zoning boundary line between the Business I District and the
Residence 4 and 5 District will run parallel to Route 125 instead of perpendicular.
2. If the Town Meeting approves the re -zoning called for in paragraph 1, the
Plaintiffs shall submit a new site plan for site plan approval which will propose a retail bui.lding
running parallel to Route 125 as shown on Exhibit A.