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Home My WebLink About1986-09-19 Correspondence ohn g bg € veers a I aka s F, o c i a t e s d� E �il eCls I96 11o, Rain S Iree aYer, a s s a o a s e I t s 811 E17 ; 475 916 July 1, 1986 Taun of North Andover Planning Board 120 Main Street North Andover, MA 01845 Re: Site DevelopxeuL Flan of John B. Tudd (App] icant) Proposed Warehouse ott Parcel B3 Flan of Land for ABC: Pius Company, TurnpiRe Street, north Andover Dear Planning Board Members: This lertRr is a formal request for a Variance from Off Strpet Parking regulations, Section 8, 8. 1 , page 69, of the currOnt Xoning By haws of the Town of North Andover, which requires one (1) parking space per 1 ,00O square feet of floor area in warehonslpp/wholesaling/distribuLing use, The proposed use for the building as delineated on Lhe Site Development Plan (attached) is cola storage warehousing. Based -nn the fact that dead st:nrage is rarely habited, we request a waiver from Lhe Lane space per 1,000 s.f. require- ment. The pelitloner entimzteg tbat approxiinaLely I-0 cars per day will use the facility; thus we show parking for 16 spacps on the. Site Developmeat Platt. We also request a waiver at this time from Section 2.30.1, 5ectioa 2 , Definitions, of the Town of North Andover By Laws, which provides that each driveway shall service no unre than one lot. The petitioner requests Oat one driveway (currently serving the ABC: Bus parcel) be shaxed by Lhe preposed warehouse building. The reason for this request is that the proposed warehouse (dead stor.agR) € wilding would generate very l imitcd traffic- to the site, We feel Qat these requents yore in conformanec with and advantageous for the best use and development of this parcel, all of which is taken into consideration at the Site Plan hevi.ew. SjjGkLjd you have. aRy questions, or require more information for review of these requests, pleaga do not hesitate Co call us. Very truly yours, JOHN CALLAHAN ASSOCIATES ohn I I ahan 8 S 0 c i a t e a a cc h i I e c Is I I I a, I a i n S I r e o I A n d a v i r, N a s I I I s U 1 175 1116 P1 a n 0 a r S MArch 24, 1936 Town of North And6ver . Planning Board 120 Main Street North Andover, MA 01845 En: Applications for Special Permit of M-r,. 1ol-in Todd , Lowell, MA Commercial Parcel p Rt. 114 (Owned by ABC Bus Company) Medber8 of the Planning Board: The intent of this letter is reque8t a Withdrawal Without Prejudice Fi �Fdd be herd- ' for two Applications for Special Permit Kched le to a an"' the March 24, 1986 Planning Board Meeting. On8 Special Permit was for Site Plan approval as required in an In- dustrial District for a building having more than 10 porking spaces, and the .second was for the petitioaer to be allowed ingress/egres.9, Ito his proposed site from a private roadway. We vish to be able to resubmit these applications to be heard at as layer Planning Board hearing, Mould W Todd so desire , Thank you for approval , Very truly yours , lahan/ JOHN CALLAHAN ASSOCIATES JJQ5t copy! 1-1r. John Todd ..................................... jfi MI,�] SAFEW' SOUND MINI STGAAGE 15 VV I N DWA R D ROA D, L OW E LIL. M A S SAC H US ET., S 01052 (017) 4594317 r July 7 , 1987 1J, Karen H. P. Nblson, Director Division of Planning and Community Development Town all. North Andover, Massachusetts 01845 Dear Ms . Nelson: Pursuant to the decisions of the Planning B?ard of the Town of North Andover at their meeting held last evening , July 6 , 1987 , said decision having allowed the withdrawal without prejudice of of petitions for Special Permits previously submitted by me , I am directing this correspondence to you corr6borating in w0ting, my request for said withdrawal. Sincerely, Cud John B. Todd JBT:mm cc : Attorney Burton Kleinfeld 01 NY WMd SWMIO SIMAN W CMVMWW 5&50W,FRM Esaw Dmdqp,e al LLII FELD & OERAO+ LA ✓N b"xid"AVlmhv0 AMI+-r'NPoME'LLORS AT LAW p B.ILti.o cr "4 1NwHW A IM',h',.'W'1,,A RR A'"'PEET' °a`. BOSTON1, W.iASEtACHV..N_i,Cl T" b gg� pp W& M q; �B6 Vfl it 'N 4 �.MAr WVI �wu„ mur nrcmnnrvmx,vrnDlu��rarz pan lU_E'aPI/wV1.iva F.. Card"' .;W!L.oS: .m,FkE.A COM:W7 11 m19W8 i CNA n C IaLEH4 FEVL.1': UEUF'ri iGE.H. Nth"'wnN July 0 , 1987 Domenic J . Scalise , Esq. Peter Shaheen , Esq. 89 Main Street North Andover , MA 01845 RE: safe � '�. H sound i.n i. Storage Dear Messrs. Scalise and Shahan : I feel that recent events pertaining to my client ' s (John S. Todd) d b a SAVE H H SOUND MINT STORAGE COS. ) attempts to obtain permits from the Town of North Andover for the construction f a mini warehou5e facility n tote . 14 should ld be brought to your attention as legal counsel for the Town . My client appeared before the North Andover Conservation Commission ( ) On April 22 , 1987 , requesting tin an Order of Conditions . During his pr sentaLi n to the NACC it was, specifically pointed out that all statutory requirements had been Bret and that impact on wetlands had been minimized The NACC stated that regardless of whether on not all requirements had been met they had the prerogative of denying the request , fegardless of the nature of the impact of the proposed project. The in facts have done so. ( see attached decision) . In accordauce with statutory provisions , this denial, has been appealed to the DEQE and , based upon the :reasons for the denial ( which do not pertain to the issues , but rather to prior_ happen8tanc ) , if processed to fruition , will undoubtedly be overturned. However , in order to conform to the wishes of the NACC, regardless of their applicability or reasonableness , m client is in the process of redesigning the pro jept so that the swain "bone of contention" -- the brook -- will not be affected in any way. Domenic J. Scalise , ESq. Peter G. Shaheen, Esc . July 20 , 1987 Pag e Two in the meantime , my eiient has applied to the North Andover Planning Board ( NAPR) for a special permit to use one driveway for two lots , as previously requested in our joint discussions . In the course of no doing , the administrative requirements of the Board precipitated a rnemorandum from thc-- NACC to the NAPB which causes me great concern , is indicativ of are NACC attitude , and 1 SUggeSt , necds to be addresed at this time so as to preclude any unnecessary future problems . A bit of background may be in order . The DPW of the Commonwealth of Massachusetts mandated to ABC 13us Co . the present location of the driveway. By so doing , it was require cd that wetlands and streams be significantly impacted . The NACC was forced by the mandate of the Commonwealth into issuing an order of conditions allowing for the coestcucti.on of the driveway , even though it was against their principals and better judgment . Because of these circumstances, the NACC is adamant in their contentions that the brook which runs parallel to Rte . 114 and adjacent vegetated wetlands not be altered in any way. My client has proposed that the exieLing 30 ' driveway with its associated acceleration and deceleration lanuu be utilized by both tine proposed SAFE ' N ' SOUND storage operation and the ABC Bus Co . By so doing , thG brook will not be crossed again , but rather , a drainage ditch constructed by ADC While building the dci.veway would be culverted and crossed allowing access to the proporty. The memorandum from the NACC to the NAPB , which 1 have eaclosed , is inaccurate and inappropriate , as follows : 1 . The proposal for the: use of one drive for two lets has not been presented to the NACC per se , but rather a proposal was presented under file #242-403 which pertained primarily with the alteration of the course of the brook. No discussions have been had with the NACC as to the rationale ,for using the exi5ti.ng drive rather, than crossing the brook and conStructing additional curb cuts and egress and entrance points onto Rte . 114 . QOFIleniC: J. SCaliGe , FSq. Peter G. Shaheen , Esq. July 20 , 1987 Page Three . The common driveway is already in place and has been for some period of time . our proposal to construct a thirty foot long entrance perpendicular to the existing drive will a-iaturi-�t11y require somo fill , .but it has been carefully enginecred so as to be that access location which has the least amount of topographical ehange and f ill requirements .- 3 . There most assuredly and absolutely is compelling jtistif ication for this. in simple tents , spy client must have access to the property. The onclusion drawn raises the question : What would the NACC recommend? As ,you are aware , the regulations governing the actions of conservation commissions are very explicit in that they state: that access to a piece of property cannot be denied even though said access may require transition over or thizough a designated wetland . The NACC has made it clear that they do not want an aeeesa point which would cause an impact on the brook . They have now stated that they aze objecting to the cronsing of a rnan-made drainage ditch , effectively denying sty client access to the property . I submit that in light of the recent Stipreme Court decision , denial of access to a piece of property by a municipal agency constitutes a taking by the municipality with resultant land damages and appropriate compensation to the landowner . As you know from c>ur prior conversations , my client does not want to involve himself with litigation against the Town of North Andover anchor its agents and eRiployees . on the contrary, my client is , and has been for two years , diligently endeavoring to cooperate with the Town and its by--laws , regulations , and the personal feelings and reguireTni ruts of its various Board metnbers. I ask that you gentlemen , in your capacity as oounsel to the Town of Forth Andover , Qommunicate with NACC and its administrative directors as well as any other applicable hoards or agencies as to the applicability of the various laves and governing regulations . I believe that we are dealing With i,ntelligerrt personnel and that if properly informed , they will act in a manner such as to avoid future legal. complications . Domenic J. Scalise , 3Sq, Peter G. Shaheen , Ss§, July 20 , 1987 Page Four in anticipation of your continued cooperation and assistance , I remain sincerely, §u£Lon K1einfeld BUK/c£B cc ; Mr . Paul Sharon, Town Manager 12G Main Street North Andover , MA 01845 Karen R. F. NeisOR , Director Division of community planning & Development 120 Main Street North Andover , MA 01845 John B. Todd , Chie( Executive officer Safe ' N ' Sound Rini Storage Cos . Attorney Charley E. HGktcott Safe 'N ' Sound Mini Storage Cos. TOWN OF NORTH ANDOVFR ` 120. Main Street North Andover, MA.. 01845 6 5-4775 f O # TO; Boax'd of Selectmen FROM: Erich W. Nitzsche , Chairman SUBJECT. PENDING LITIGATION/TODD VS . PLANNING BOARD DATE, October 9 , 1 -8 G The Planning Board is in receipt of a complaint filed by Mr . John Todd {devejope)�) against the Planning} Board . It is necessary to direct Fawn Counsel to take whatever actions is required to support and defend the Planning Board and Town' s position. We would like to be close.y involved and kept abreast of any required coiirt appearances or jiad,gements rendered op this case . Lastly., membQr Paul Hedstrom requests to view the answer Town Counsel intentE) t6 file on the lawsuit. Kindly inform the Town Plann r of any required meeting related to the case . ThaTsk you. EN: ns CC ! Town Goi�inscl AW Rich,ad F Kaminski & Associate, Inc. January 7, 1988 Mr. Paul Hedstrom North Andover Planning Board 128 Main St ., N. Andover , MA 01845 Attn : Mr . Scott Stocking Re: Safe 'N' Sound Mini Storage Gentlemen : We were informed this morning , of the Planning Board meeting to discuss the proposed Safe IN' Sound Mini Storage facility in North Andover . Our client is unavailable at this time to attend this meeting. We have not received his direction on the project and do not have the authority to respond to the Planning Board. With all due respect, we would suggest that the Board grant a continuance of this matter to the next available meeting . Very truly yours, Richard F. Kaminjski & Assoc. , Inc. m t2, Aard J or ing P.E. Chief En ineer GJF/ncr GJF2135 NAUccB 0 FngineWs D Surveyors C3 WN1 Manners 20,01 SLItt011 St., Nortti Andaveq AdA 01845, (617) 68721483