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Home My WebLink About20160419 Correspondence re: Continuances - Correspondence - 2302 TURNPIKE STREET 12/20/2015 MANN & MANN, P.C. COUNSELLORS AT LAW JILL ELMSTROM MANN* KURT P.MANN* MELISSA GNOZA OGDEN Admitted to practice in Massachusetts 'Admitted to practice in New York December 20, 2015 Planning Board for the Town of North Andover Jean Enright, Interim Town Planner 1600 Osgood Street North Andover, MA 01845 Re: Earthworks, Inc. - 2302 Turnpike Street, North Andover, MA Dear Ms. Enright: Please be advised that the undersigned is legal counsel to Earthworks, Inc., the Petitioner who is seeking a Site Plan Approval Special Permit to develop the above-referenced parcel of land as a mixed use commercial complex. At the opening of the public hearing on this matter, members of the Planning Board raised concerns about the by-right nature of certain of the uses (namely the proposed indoor storage) and asked to have an opinion from Town Counsel regarding the position of the Zoning Enforcement Officer, Gerald Brown, that such uses are permitted by right under 4.127 1 - small retailers, 4.127 4 - business offices, and 4.127 21 - parking, indoor storage and other accessory uses. Last week, I spoke with Mr. Brown about this issue and understand that he will be unavailable until after the Christmas holiday. Please be advised that I will be unavailable from the Christmas holiday until January 4, 2016. Given that the next meeting of the Planning Board is on Tuesday,January 5, 2016, I believe it is in the best interests of my client to continue this hearing until January 19, 2016 in order to provide Town Counsel, Mr. Brown,you and I with sufficient time to discuss this matter and present a final and informed decision from Town Counsel to the Planning Board. Accordingly, on behalf of Earthworks, Inc., I hereby request a continuance of the public hearing until January 19, 2016. Thank you for your kind attention to this matter. Happy Holidays, DbA'NN &MANN,,P C. J1,11"Elmstrom Mann - --- cc: Dan Gill Chris Sparages, W&S �! S.IGill(Earthworks)2015-41-Turnpike St.,N.Andoi,erlZoning ltifolcontiniiance request -1.5 to 1.19.doc 191 South Main Street,Suite 104 Direct Email: jillC�a�eannpc.co�n Middleton,Massachusetts 01949 kui,t@iiiaiinvc.com Telephone:978-762-6238 Facsimile:978-762-6434 Enright, Jean From: Jill Mann <jill@mannpc.com> Sent: Sunday, December 20, 2015 12:02 PM To: Enright, Jean Cc: earthworks300@msn.com; csparages@wsengineers.com; elaine@mannpc.com Subject: Earthworks, Inc. - Continuance from 1.5 to 1.19 Attachments: continuance request -1.5 to 1.19.pdf Good morning Jean, As I had mentioned last week, since Gerry is away until after Christmas,we are going to need to continue the hearing from 1.5. until 1.19.2016 1 have attached a formal request to continue the meeting. Thank you and let me know if there is anything else I need to do to ensure the continuance. Happy Holidays,Jill MANN&MANN,P.C. COUNSELLORS AT LAW 191 SOUTH MAIN STREET MIDDLE,TON,MA 01949 TEL: 978-762-6238 FAX: 978-762-6434 This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us collect at 978-762- 6238) and immediately delete this message and all its attachments. MAN N & MANN, P.C. c COUNSELLORS AT LAw JILL ELNIS,TROM 2 SI Admitted to practice in NfAsadwsette *Admitted to pr c o� LVew York—t rv,4, January 27, 2016 Planning Board for the Town of North Andover Attention: Jean Enright, Interim Town Planner 1600 Osgood Street North Andover, MA 01845 Re: Earthworks, Inc. - 2302 Turnpike Street, North Andover, MA Dear Ms. Enright: The undersigned, as legal counsel to Earthworks, Inc. (the "Petitioner"),hereby submits this request to continue the public hearing to consider the Petitioner's application for Site Plan Approval Special Permit(the "Special Permit") from February 2, 2016 until March 1, 2016. The public hearing for the Special Permit was opened by the North Andover Planning Board (the "Board") on December 15, 2015 and continued to January 19, 2016. During the January meeting,the Board asked the Petitioner to consider certain changes to the architectural facade of the proposed structures and to the landscaping plan. The Board also asked the Petitioner to provide members of the Board with photographic examples of the materials and colors proposed for the exterior facade. The Petitioner has been working diligently to respond to the requests of the Board. However, Petitioner has been informed by its architect that the revised plans will not be available for distribution to the Board until the end of February 2016. Accordingly, on behalf of the Petitioner,the undersigned hereby submits this request for a continuance of the public hearing for the Special Permit until March 1, 2016. Thank you for your kind attention to this matter. Regards, MANN &MANN, P.C. cc: Dan Gill Chris Sparages,W&S S:IGill(Eai7lni,orks)2015-41-Tmaipike St.,N.AtidorerlZoiiitightfolcotitinuartce request -Feb until Nfarch.doc 191 South Main Street,Suite 104 Direct Email: jilt@mannpc.coin Middleton,Massachusetts 01949 k1i nlanitpc.cam Telephone:978-762-6238 Facsimile:978-762-6434 MAN N & MANN, P.C. COUNSELLORS AT LAW JILL ELMSTRONI MANN* KURT P.MANN* MELISSA GNOZA OGDEN Admitted to practice in Massachusetts 'Admitted to practice in New York March 3, 2016 Planning Board for the Town of North Andover Jean Enright q 1600 Osgood Street North Andover, MA 01845 e Re: Earthworks, Inc. - 2302 Turnpike Street, North Andover, MA Dear Ms. Enright: Please be advised that the undersigned, as legal counsel to the Petitioner- Earthworks, Inc., hereby requests a continuance of the public hearing on Petitioner's request for Special Permit for Site Plan Review until April 5, 2016. Thank you for your kind attention to this matter. Regards, MANN &MANN, P.C. y� cc: Dan Gill Chris Sparages,W&S S:ICommmity Developmeiiffiaivting DepartmetiATowit Plamier Foldei-WROJECT FOLDERS BYADDRESSUctive Hearings and DiscussioiiA2302 Turnpike StreeIU60303 contimiance request until4.S.doc 191 South Main Street,Suite 104 Direct Email: jiIl'€s iii.nnpc.coni Middleton,Massachusetts 01949 kurt-anannpc,com Telephone:978-762-6238 Facsimile:978-762-6434