HomeMy WebLinkAbout1077 OSGOOD ST- Legal Correspondence 1987-1996 1939 Great Pond Rd
° rb
Butcher Haut« Market
A,./u Thom Thomaq Vameen,
Nor.•t)°u 01ll4S
YY �p�q�q� o
IW I�r. p�.A'0.M'JE�&N,
,bust a ohjr t note M thank you for the meeting wn had l aM Ha Pit o lG d"y and
for Your taking the Lima .in whaL is probably ��,w® ek ll�
your busiest �"A f the
i ' glad Ma will finally be no i girba.rs an friandlier terms,m and I hope that
the rugs°t of your family alao Mlaaren these X a;;l� u"tot:: u,aua'a°Onsu°na.blle
W 9@t alqU9 ua iLh and am, c*pabla of putting things behind �me and moving
s your s upping mail nears . arudlr.i a"au ion andw our pr°r° pare L, crpen '"�,"i.rr now
o- M aM a M F a-a 1"CUrOly w 1 Yalu your and your family the h 5i: (-.)f l a.aa h ,
An I 0x0raimand ida you on Saturday urday my concernswere the rays of 1 uqm
shining oq my property, the area of m a r'een i,uug on Lop of the wall and
%efully the fulfillment my tying into the sewer line i uuauaaued i t:a l y
behind the new pumping ma l;4a q.n" as indicated ted 'urrxnq a prior. Me'Pt.i.n, 'rh i a
would MCGIMMUM6 the granting of an easement over a small portion of .i anti
tar removqd from the new Amuri. l,drAug , Aranting of that anseuent would
c ltt in ly appreciated.
The num lgpation of the shield on I IwU Pole a 0mam eW my iuuauaue corrects the
lighting abl am by d i r m, t ng the light away f'x•r:rm the house . Thanks for
i hA SXl;a,MMt WW,(':y in which it w,dz done h
W will l,l, auu:a:P ut Youx offer t,u bring to your ai:1. .".u7; ioo any d;mruur-er ns :l may
have p
� ;�uuer uu,� t purr when the aboveaboverf°�. completed I Baru to unnecessarily
�„� uru.l
i YOU ua �a :. a nee t contact d� in the f�uutuwra, der l"<aud10 plu�raua.:w number
It
(Blfi��TCyyH�E{Rf�7B7(O11Y/�� ANGU TS���EAf��� Y '.1'��UST
CONDITIONS OF SETTLEMENT.
The Planning Board issued a denial fog this project on 5/4/88 ,
this denial was based on seven points whiQh have been properly
addressed since that time. It is with this understanding that the
Planning Board issues this settlement with the following
conditions;
1.. The applicant shall prepare and submit a final set of
plans. The final plans shall include the following in one
packet:
a. Plants entitled: SITE PLAN, PROPOSED BUTCHER
UTCHER BOY MALL
1NGJS REALTY CORP, 107
7 OSGOyD STREET
N]R AlDOVER,
MA.
Pages included: SC. C-1 through Cy-7 .
Drawn By: M. Anthony Lally Asseca,ates
Dated: May,
ay, 1989
Plana entitled: FIRST
FLOOR
PLAN,
E1,2Vi IVR S, SCHEMATIC
PERSPECTIVES.
BUTCHER
Pages included: A-1, A-3, A-4 .
Drawn By: Maclaren Associates, Inc.
Dated: 2/13/87, 2/13/87, af2/88 (respectively)
The above referenced plans shall also include all revjsionss as
noted herein. All plans shall be on 2411 x :W1 sheets,
2. The following information must be submitted to, and approved
by, the Planning Staff prior to the applicant receiving a
Building Permit for either the wall or structure.
a. detailed wall cross sections and plan describing Metbod8
of excavation and their limits.
h. Comprehensive Wetland Replications Plan as required in the
Order of Conditions issued by the NACC.
a. Landscape planting plan.
d. Construction Sequence and Erosiana Control plant.
e. Wetland Flaggirig shall be check by a representative of
the North Andover Conservation Commi8sion prior to
construction.
3. The following information nest bo. 53ubm1tted to the. Planning
Staff prior to the applicant receiving a Certificate of
Occupancy for any structure on this site:
a. Progress reports of all work within the wetlands must be
submitted every three month: from the date that
construction commences on this site.
4. All drainage facilities including detention basins, shall be
constructed and erosion controlled prior to the applicant
receiving a Building Permit for the structure. it this is
found to be inappropriate due to phasing of construction
activities, then a bond in the amount of $20,000 shall be
posted with the planning Board to ensure proper adherence to
this condition. The band shall be released upon completion of
all drainage facilities.
5. An as--built plan and profile shall be submitted for review
and, approval prior to the final release of the sec❑rity
required herein. A certified interim as-built verifying that
all utilities have been installed in accordance with the
plans and profile shall be submitted prior to the application
of the binder coat of pavement. In addition, all regoi.red
inspection and testing of water, sewer, and drainage
facilities shall be completed prior to binder course paving.
6. All Planning Board order of C❑nditions are to be placed upon
the recorded Final Plans, ( Cover Sheet ) prior to
endorsement and filing with the Registry of Deeds.
7 , Throughout all lands, tree cutting shall be kept to a
minimum in order to minimize erosion and preserve the
natural features of the site. Accordingly , the devel❑per in
conjunction with a registered Landscape Architect, shall
submit a tree cutting and reforestation plan consistent with
the provisions of Section 5.8 of the North Andover Zoning
Bylaws, to be approved by the Plarilling Staff prior to the
applicant receiving a Building Vermit for either the wall or
structure. This plan shall explicitly include specific trees
to be retained.
S. 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 OMPani.es.
10. All catch basins shall be protected and maintained with lay
bales to prevent siltation into the drain lines during road
construction.
11. No open burning shall be done except as is permitted during
burning seasan under the Fire Department regulations.
12. No underground fuel storage shall be installed except as may
be allowed by 'Town Regulations.
13. All buildings shall have commercial fire sprinklers
installed prior to the issuance c)l the Certificate of
Essex Registry of Deeds.,
22. The material to be used Ln construction of the retaining wall
Shall be submitted to and. approved by the Planning Staff
prior to the building permit being is;Lted for the
construction of the proposed wall. English JIL'vy shall also be
planted at 'the base of the wall, the precise spacing of the,
individual plantings shall, be approved by the Town Planner,.,
23 . All, lightii,-ig found within the site shall be down cast and.
shall not project into adjacent properties. Planning Board
Staff shall approve lighting u details prior to the 188 ,a nce of
a Permit to Build.
4 . All signs within the project shall be of wood, with uniform
lettering and design. The sign,s shall in no way be interior
illuminated. (peon or other means,),
Each sign found on the building shall be of the sanle size and
style. The only exception being the end units, which because
of the architecture will need to have a sign with a square
shape, but, the style, and iiiaterial shall rem,,ain the same as
the others.
The intent herein is to create a uniform and attractive
appearance.
25. Additional islands are to be placed within the parking area .
These islands, are to be properly land,5Qaped with trees and
shrubs as approved by the Town Planne-r.,
,6 Prior to the issuance of a Building Permit, for the, structure,
the applicant shall temporarily tie the existing building
into, sewer, and shall remove the existing septic system in
aQoordance with the rules and regulations, of the North,
Andover Board of Health.
27. Any mechanical devices (ie., JIVAC, vents, etc. .. . ) placed on
the roof shall not be visible from any surrounding roadways.
28 . The facade of the proposed structure shall incorporate the
use of clapboard in some manner. Tho extent, arid color of the
clapboard s hall be approved by the Town Planner prior to the
issuance of a Building Permit for that structure. Color
samples shall be submitted and Included in the file.
29. The applicant shall apply to the Planning Board for a Special
Permit for construction or regrading within the Watershed
Protection District, This Special Perinit, will be to,
specifically address tile detention pond located on, the site.
cc: Director of Public Works
Board of Public Works
Highway Surveyor
occupancy, per order NAM
14. 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.
15. Bonds, in an amount to be determined by the Planning Board,
shall be posted to ensure construction and/or completion of
site screening, erosion control and any other pertinent
public amenities. These bonds shall be in the form of a Tri-
Party Agreement, or Passbook.
16. Prior to a Certificate of occupancy being issued for any
structures, the site shall be reviewed by the Planning
Board. Any screening as may be reasonably required by the
Planning Board shall be added at the owners expense.
17. Prior to the Building Permit being issued for the structure
and again prior to occupancy of the structure, the applicant
shall receive a written determination from the Conservation
Administator that all work completed to date under the
Conservation Department's jurisdiction is being
satisfactorily performed and maintained.
18. Any Plants, liras or Shrubs that have been incorporated
into the Landscape Plan approved in this derision, that die
within one year from time of plantings shall be replaced at
the owners expense.
19. This Special Permit shall lapse unless construction shall
coinmence within one (1) year fx-am tiie closing of the appeal
period for either the granting of this special Permit or the
Special Permit required by condition No. 29, whichever shall
occur last. (the "commencement date"
Further, all construction shall be completed within two {2)
year's from the commencement date.
If the applicant can show good cause why construction has not
commenced within the one (1) year period or wby construction
has not been completed within the two (2) year period, the
Planning Board, in it's discretion, may extend these time
periods as allowed by M.G. L. Chapter Section . The time
provided herein shall not include such time as required to
pursue or await the determination of an appeal referred to in
M.G.L. Chapter 40A, Section 17.
20 . The provisions of this settlement shall apply to and be
binding upon the applicant, it's employees a,nd all successors
and assigns in interest or control.
21. Final Drainage plans shall be submitted to and approved by
bath the North andover DPW and Planning Board prior to
endorsement of the record plans and filing with the North
Building Inspector
Hoard of Health
Assessors
Conservation Commission
Police Chief
Fire Chief
Applicant
Engineer
File
ff'7,�rfyy se: 1,> 3 �#tl 6LiJ a4nii .]bN tS7t Y-LHLJK +�k7.S
Luz
K: 2EN Hy,I 'N et
()1 O 120 Main Street, 01840
NORTH ANDOVER
BUILDING [AV15LON OF
HEAITH pLANI KING & COMMUNITY DEVELOPMENT
PLANNING
JAL PERMIT EXTENSION
At a reguI_arly SChaduled Ineeting of the Planninc; aoard, duly posted
and held on October Se 19931 the North Andover JDjanning i3oard voted
unanimously to grant, an extarleiOn Of the Special Permit issued to
Angus Realty CCrporation for the construction of a detantiOD pozid
within the L%kG CochichewiOX Waltershed Protection DistriOte dAtOd
August 7, 1490.
This extension iS granted pursuant to MaAaachusett.s General Law,
Chapter 40A, Section Sr and will extend the above referenced
special permit for a period of one year. This permit is now due to
expire on October 17� 1994.
Signed as a sealed instrument this V� _ day Of p�1993 .
Cri
Nort Andover Pla ning Board
aohard Nar a ar Chair an
C0MMcNWEAj,TH OF 14ASSACHUSETTS
E SFXF sS. () ICY—Z ' 2 3
Then peroonally appeared Richard Nardellar Chairman of the north
Andover Planning Board, and acknDwledged the foregoing instrument
to be the free act and deed o�..-the North Andover planning Board
beforo me,
:3 pia , ' ., spot ry, Publ o '�
My camnis,5jon expires
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j TH0� CAFFRE /
A�OnNEY at LAW,
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JVI4 6-6151
.`hex sas-6A.3-.flee
,7anuary 2, 1990
Christian C. Huntress, Town Plan Tier
'own of North Andover
Planning & Community PevelcPment Office
1.20 Main Str of
North Andover, Massachusetts 01845
RE : Butcher Boy Mall
Dear Mr. Huntros 5
At our conference on December 28th, Chairman Perna
regiikestecl a clearer statement concerning „Stanleyville
Avenue" .
Na parson lawfully entitled to use the right--of-way
called Stanleyville Avenue will be denied access to and
from (7sgood Street, via the established traffic avenues
of the Butcher Boy Mall.
We trust this letter, taken together with our earlier
letter dated December 19, 1989, will satisfy the concerns
of Mr. Perna and the Board .
Very truly yours,
Tho as F. ffreY
TFC;TRjTa
CC : Angus Realty Corporation
maclar.en Associates
Robert J. O'Sullivan, Esquire
()FF1(.H-S OF Town of Sifvcl
BUILDING ANDOVER
NOWr11
C.ONSCRVNI'lON
HEAL I-1
PL^NNING I'YLANNXN(; & COMMUNVYY
KAI U--'N N I 1.g )N, 011 U
February 13, 1990
Joel Bard
Kcpelman & Paige
77 Franklin Street
Suite 1000
Bostou, MA 02110
Dear 11r. Bard -.
r
Enclosed please find copies OE a draft fo Butcher Roy/Angus
Realty Trust, Conditions tor Settlement .
Christian Huntress, Town Planner. asks
t-liat you review the
to him ill the
be direct
rl
draft settlement. Any comments ca
planni :�
ng Board office at ( 508)682-648 , ext- 23. Thank you.
Sincerely.
Janet L. Eaton,
Secretary
Enclosure
BUTCHER BOY ANGNS REALTY TRUST
CONDITIONS OF 5k.` TI-EIS NT.
- .Che Planning Board issued a denial for this project on 5f4f88 ,
thir. denial was based on seven points which have been properly
addressed singe that time. It is with this understanding that the
Planning Board issues this settlement with the following
conditions:
The applicant shall prepare and submit a final set of
plans . The final plans shall include the following in one
packet:
a. Plans entitled: SITE PECAN, PROPOSED BUTCHER BOY MALL
ANGUS REALTY CORP, 1077 CSGOOD aJ'ME
NORM' ANDOVER, MA.
Pages lnol.uded: SC. C--1 through C-7 .
Drawn By: M. Anthony Lally Associates
Dated: May, 1989
Plans entitled: FIRST FLOOR PLAID, ELEVATIONS, SCHEMATIC
PEi 5PECTIVES .
BUTCHER BOY
Panes Included: A-1 , A-3 , A--4 .
Drawn By: Maclaren Associates, Inc.
Dated: 2 f 13/87 , 2f 13 87, 2f 2f 88 (respectively)
The above roferenaed plans shall also include all r-evisions as
noted herein. ,All plans shall be on 24 " x 3611 sheets.
2. The following information must besub-fitted to, and approved
by, the Planning Staff prior to the applicant receiving a
permit to build on this site:
a. detailed wall cross sectians and Plan desczibitig ethads
of excavation and their limits.
b. Comprehensive Wetland Rieplication Plan as required in the
Order of Conditions issued by the NAM
c. Landscape planting plan.
d. Construction Sequence and Erosion Control plan.
e. Wetland Flagging shall be check by a representative of
the North Andover Conservation Cammissicn prior to
construction.
3 . The following information must sae submitted to th8 Planning
Staff prior to the applicant receiving a Certificate of
Occupancy for any structure on this site:
a. Progress reports of all work within the Wetlands must be
submitted every three months from the date that
construction commences on thi:: site.
-4 . All drainage facilities including detention basins, Shall be
constructed and erosion controlled prior to the applicant
receiving a permit to build. If this ,is found to be
inappropriate due to phasinq of construction activities, then
a bond in the amount of $20, 000 shall be pasted with the
Planning Board to ensure proper adherence to this condition.
The band shall be released upon completion of all drainage
facilities.
5. Are as-built plan and profile shall be submitted for review
and approval prior to the final release of the security
required herein. A certified interim as-built verifying that
all utilities have been installed in accordance with the
plans and profile shall be submitted prior to the application
of the binder coat of pavement. In addition, all required
inspection and testing of grater, sewer, and drainage
facilities shall be completed prior to birder course paving.
f. All Planning Board Order of onditions are to be placed upon
the recorded final Plans, ( Cover sheet ) prior to
endorsement and filing with t1Ye Registry of Deeds,
7. Throughout all lands, tree cutting shall be kept to a
minimum in order to minimize erosion and preserve the
natural features, of the site. Accordingly, the developer in
conjunction with a registered arbor.ist, shall submit a tree
cutting and reforestation plan consistent with the
previsions of Section 5.8 ofthe North Andover Zoning
Bylaws , to be approved by the Planning Staff prior to the
applicant receiving a Building Permit. Th!s Plan shall
explicitly include specific trees to be retained.
S. The contractor shall contact Dig Safe at least 72_-hours
prior to commencing any excavation.
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 road
construction.
11. No open burning shall be done except as is permitted during
burning season under the Fire Department regulatiefis.
1.2. No underground fuel storage shall be installed except as ray
be allowed by Town Regulations.
13. All buildings shall have commercial fire sprinklers
installed prior to the issuance of the Certificate of
Occupancy, per order NAFD.
14 . Prior to a Certificate of occupancy being issued for any
structures, this site shall lave received all necessary
permits and approvals from the North Andover Board of
Health.
15. Bonds, in an amount to be determined by the Planning Board,
shall be posted to ensure construction and/or completion of
site screening, erosion control and any other pertinent
public amenities. These bonds shall be iTi the form of a Tri-
Party Agreement or passbook.
1.6. Prior to a Certificate of Occupancy being issued for any
structures, the site shall be reviewed by the Planning
Board. Any screening as may be reasonably required by the
Planning Board shall be added at the owners expense.
17. Prior to the Building Permit tieing issued for the first
structure and again prior to occupancy of the first
structure, the applicant shall receive a written
determination from the Conservation Commission that all work
under their jurisdiction is being satisfactorily performer
and maintained.
18 . Any Plants, Trees or Shrubs that have been incorporatcd
into the Landscape Plan approved in. this decision, that die
within one year from time of plantinq shall be replaced at
the owners expense.
19. Constructicin shall commence within one (1) year of the date
of this settlement, and further, all construction shall be
complete within two (2) years from the date of this
settlement. Failure to stay within these terms shall cause
the Special Permit to expire.
20. The provisions of this settlement shall apply to and be
binding upon the applicant, .it's employees and all uuccessors
and assigns in interest or central.
21. Final Drainage plans shall be submitted to and approved by
both the Forth andover DPW and Planning Board prior to
endorsement of the record plans and filing with the North
Essex Registry of Deeds.
22. The material to be used in construction of the retaining wall
shall be submittE ed to ana approved by the Planning Staff
prior to the building permit being issued for the
construction of the proposed wall. English ivy shall also be
planted at the base of the wall, the precise spacing of the
individual plantings shall be approved by the 'down Planner,
23. All lighting found within the site shall be down cast and
shall not project into adjacent properties. Planning Board
Staff shall approve lighting details prior to the issuance of
a Permit to Build.
24. All signs within the p-roject shall be of wood, with engraved
lettering and design. The signs shall in no way he interior
illuminated. (Neon or other means)
Each sign found on the buildings shall be of the same size and
style. The only exception being the end units, which because
of the architecture will steed to have a sign with a square
shape, but the style and material shall remain the sane as
the others.
The intent herein is to create a uniform and attractive
appearance.
25. Additional islands are to be placed within the parking area.
These islands are to be properly landscaped with trees aiad
shrubs as approved by the Town Planner.
26. Prior to the issuance of a permit to build, the applicant
shall temporarily tie the existing bu,.ilding into sewer, and
shall remove the existing septic system in accordance
with the rules and regulations of the North Andover Board of
Health.
27 . Any mechanical devices (ie: HVAC, vents, etc. . . ) placed Oil
the rant shall not be visible from any surroustding roadways.
28. The main entrance foyer, which is currently designed as
brick, shall have a clapboard facade. The color o the
clapboard stall be approved by the Tcwn Planner prior to the
issuance of a Building Permit . Color samples shall be
submitted and be included in the tile.
29. The applicant shall apply to the Planning Board for a Special
Permit for Construction or regrading witIlin the Watershed
Protection District, This Special Permit will he to
specifically address the detention pond located are the site
which was not sbewn on the original plans approved by the
Zoning Board of Appeals.
cc: Director of public WQrXs
Board of Public Works
Highway Surveyor
Building Inspector
Board of Health
Assessors
Conservation Commission
Police Chief
Fire Chief
Applicant
Engineer
File
9EIC)WII�j C)_H
IB C)dk.H,13 C3 1A, 11 Ip_I /%.-1-111.171.
120 MAIT,J
I%UC)I[Zrrll _ekIN.I.)EDO V P,' Vt, M-e% 0-1845
(617 )
ORDER FOR SUSPENSION 0I.I..URVOCATION
Name of establiKhment. Butcher Boy Market .... ........
Address 1077 Osgood Street
Date March 23, 1990 ThEle 1. 00 P M.
Name of inspector Stephanie J. L. Foley
Operatkms to be suspended All
Violations qep_tj.c, s.ygf-ow is not in.—compa--Lance With
_-- tat anitar_ ..... odp
(Titlr- -5.) . -Sep 105 - 01-6. CMR.---
se Ry. C
DaLu permit to be t3u.-;pended/revak(,d lgg.()--
(at lenat 10 days froin date of order)
The porwit holder has the right to a jjcajj-irig before the [ii)ard of Health
if a written request is received by the l3onvil of flealffi wiihin ten days
of the date of this order. The hearing will be I-ield within three days of
the date of receipt of the rintice.
Slgnatur(-, 4)r hispector
or Board of HeHith member
Board of Health will meet at 7: 30 P.M. on March 29th. to discuss
this issue with you.
-1
T of ONV it 1 Kf;I ir I pia-1'4
OFFICES OF: t,r
N1(?rI]I Alit Jo,,
13U�LDJNG NORTH ANDOVER it j!;t,I 0 1945
C0 N S F R VA 11 CO)N q I-X)81(iY:2 6 E
HEAI.-TH DIVI-r�[C)N UP
PLANNING VLANNING & CONIMUNI'VY I)EVELOVNIENI'
KARL-N H.P- N I--J-SC]N, I)I 111-CT0 R
MkiiORANDUM-
To. James Gordon, Town Manager
Fron: Karen H.P.'-,Nelson, Director
Div. Planning & Conmunity Development
Date: March 23, 1990
Re: Angus Realty Corp.
Butcher Boy Meat Market
On March 22 , 1990 aroiAnd 3 : 30 p.m. I waycalled out of a
deposition in Andover to respond to two complaints that were
-A t
reported regarding septic overflow at the But r cho F3oy Mo-
Market. Mr, Niman of the Division of Public Works. and Robert
Nicetta, Building Inspector were immediately On tt site tc
investigate. Given there was no staff available from the Health
Office to respond, the event could have become a crisis situation
with the property's close proximity to the Town's water SUPply
and pumping station. The owners of the property admitted the
septic was overflowing into the Lake. The system was then pumped
to rectify the immediate problem.
The attached letter hand delivered to me on March 23, 1990
by Attorney Thomas Caffrey provides only a short tern solution,
which is to pump the system daily. obviously daily receipts will
he required to be submitted to the Health Office as Proof Of
pumping. n forwarding this "agreement" to the Board of Health
I a
for comments and action on their part. The Town's official.s and
professional staff has spent endless hour8 and dollars studying
the Watershed to prevent accidents of this nature and suspect tile
Town will take the necessary action to secure this from happening
in the future.
I would like to recommend that a joint meeting be held
between the Division of Public Works, Division of Planning and
Community Development and your office to incl ide Paul. Nimari,
Dayton Osgood, Stephanie. Foley, you and me to get Butcher Boy's
sewer under construction. my office will make the necessary
contactor to coordinate this meeting.
Stephanie Foley, Health Inspector
Board Qf Health Wh-mbers
Paul Niman, Director DPW
Chris Huntress, Town Planner
o`
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�
Maraly a tz
, A0 mjex 61reel, easaaswn"jk, P3'dmS '2
a'ax .SOS-6J3-dle Y.
March 22, 1,990
Karen Nelson , Director of c,'lommunity Development
Town of North Andover
Town Hall
North Landover, Massachusetts 01845
Re: Anus Realty Corporation
But-cher Boy Meat Market-
1 77 Osgood Street, North Andover, MA.
Dear Ms. Nelson;
As you know, our office represents the above-note.
party. This letter will serge to assure your that our clients
are aware of the current, septic system problem at the above
noted site, which was brought to their attention today
because of an overflew into the lake. Please be advise
that they will be addressing the problem on a daily basis,
so that there will no longer be an overflow o into, the Lake.
If there is any further" information or questions you
may have,, please feel free to contact myself of the Yame ns
Very truly yours,
"
,
�,` '�
1h.o�ja �'„ Caffrey �
TFC:terl
CC: Robert Nicetta , Building Builaing Tn5pec.tor
Pall Nl.man, Director, Division of Public Works
OPEL N ANC) IF" n E, P.C.
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5(bt,JOHA M.KrOPxMAN
AHNF-MMdMH L M.HYI1.AP-10
JCDAaNErtxu"�TERAL,_ April 3 1, 19,90
CAFEIAMA W HUILLY
Planning Board
I'lown of Horth Andover
120 Main Streit.
o th Andover, Min 011845,
e. Angus, Realty Corporation v.
North Andover Planning Board
Dear McTa aers of the Planning Board.
Pursuant to your vote taken on January 11, approving
conditional settlement of the above matter, end. your subsequent
action approving 2 o nditions of Settlement, l have entered into
an Agreement, for Judgment on your behalf in this matter. Under the
teams, of this Agreement, theplaintiff's a p.1icatio n for a site
plan speQi,al permit will be r n7 anded to the Planning Board for
approval subject to the 2,91 Conditions. Plaintiff' s attorney will
he fill ng the Agreement in Land couurt, this week.
Do nott, hesitate to contact pus, if you have any questions, in
this matter.
Very truly yours ,
Joel,, B. 13ard
Cnuisr€lots a� E.xu t�ot FMrril Street
[
(M17)439AT94
Fciccupicr3(63 7)139-4 f 70 aced
(6t7� a,i9 i1i8
April 27, 1990
Leonard Kopelman, Esq.
Ito elmzn & Paige, P.C.
life Float'
101 Arch Street
Boston, MA 02110
RE: Proposed development by Angus Realty Trust in North
Andover ......
Dear Mr . Kopelman:
I represent Frank Ragonese, an abutter to the property
owned by Angles Realty "Trust at 1077 Osgood Street, North
Andover, Massachusetts, At 14r . Raga nose' s request we have
reviewed the torturous history of this development . Based on
our preliminary review and research, we believe there are
significant problems with the permitting process which could
prevent the project from proceeding as presently constituted.
We are aware tllat there is pending litigation between the Trust
and the planning board which may be about to be settled. The
problems we have uncovered may affect any settlement agreement
that the Town may enter into. My client is prepared to take
appropriate legal action to prevea it the projecL from going
forward. I am sending a copy of this letter to the attorney
represent `
representing the rust . I€ yoti feel that it would be use€ul to
meet to discuss this matter and explore the possibility of a
resolution, please get in touch with me.
Sincerely yours,
Micbael H. Miller
cc: Frank R;agonese
Thomas F. Caffrey, Esq.
1389h
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J1,�,OjJINF Hp r['LAA ILL May 2, 19,910
Planning Board,
Town of North Andover
er
l 0, Main Street
North Andover, MTV 01845
Re Anqu,s Realty Corp. v. hLorth ,,,Andover
Dear Members of the Planning B rd 4"
Enelesed is a, copy of a letter we. have received 1:x7 ran r-ou-nsel.
to an ab'rntt,e;r relating to, the above matter. The letter alleges
that there "are significant problems with. the permitting pr'ocess"
fQr° this project. it is my opinion n that any challenges to, the.
"permitting roce88111 should be defended by Angus Realty.
Accordingly, it is my intention to do nothing in relation to the
attached, setter unless you request otherwise.
'fiery truly yours,
1
Jo61 B. Bard.
JB'B ED
Enclosure
s ; Board of seleQtm8n
TOWN OF NORTH N DOVER, MIAS SAC,Ff r''
D]VISION OF P'UBUC WORKS
raeF4e,_o,o as
cent
va s_»ati0� December.r 1989
Mr. George Perna, Chairman
rma n
Plann.ing, Board
120 Main Strent,
Noi,:th Andover, MA 01,845
re Butcher Buy Nall
Dear Mr, Perna ,
Tj're Tli.vi.siraT'a of Public Works received site, and rainaa,g,e. TLAaana,
as report on tlje drainage ny8tem aamalysis and design, and alt,taachment. #3
drain,ap;,(, aanalysi's frorna M. Arthony Tally Associates than corwa9na] tarat for AngLis
Realty arp ara Lion can December 11„ 1989, We have revaieved thn plans and,
re orte and, rind the drainage systems aaq designed to be i.n rmrrformaance with
our rules and mgaalaaticn.119,
'eery tr3" yure,
J. William Tlnwiciak
J)i r v.ct r of Engineering
JWH :Ib Mmi,niaatraation
cc; Angus Realty Corporation
M. Antbony Tally Associates In(".,
a S 9. Cal
RhAnVy al Lian SP C
,
7 57 0 -Tox 1,717
f?vmas -7 CWO-�Y 30,r) Cjjsex GawFenup, Wri, 01,942
JOS-656-61,1/
56 50,1-6&1-JANS
December 19, � 989
Christian C. Huntress, Town Plannor
Town of North Andover
Planning & community Development Office:
120 Main Street 1845
North Andover, Ma,ssachusctts 0
RE- Butcher Boy Mall
Dear Mr. Huntress,
At our conference at Town Hall on December 18, 1989
you expressed, on behalf of the: Planning Board, certain
concerns about the Stanlcyvillc Avenue riqht-of-way and
how j,.t aright be affected by Angus ' PrOject.
Strictly as a legal niatter, it is our position that
the Planning Board has no jurisdiction over any, issue
that might arise among parties claiming rights in the "paper
street" called StaniEnyville Avenue.
Nonetheless, wee do wish to provide the Planning Board
thi,,q written assurance that Angus has no intention to,
diminish, by this project, any access, rights to and from
05good Street that 'night now exist for persons owning parcels
abutting the right of way- e:Th slight relocation of the
z
right of way, around the northeast end of the proposed.
building, as shown on the site plan, retains the integrity
of the oTigipal purpose of the right of way without reducing
any rights persons along the way may have. As a practical
matter, Angus anticipates that thoss, t1sing Stanleyville
Avenue will follow the established traffic patterns in
the inall lot and then access the original portion of
Stanleyville Avenue, at the northeast end of the developed
site. Such users will in fact enjoy greatly impxov8d access
to and from Osgooa street over a paved surface that will
be lighted and well-maintained. In e,sBence, their situation
will be greatly improved . The current, original location
of Stanleyville Avenue crosses an undeveloped portion (rough
terrain) of Angus' lot and then terminates at a no-access
portion of Osgood Street.,
Christian C. Huntress, Town Planner
Page 2
December 19, 1989
ode tr; st this letter makes clear the fact no lawful
user of Stanleyville Avenuc will suffer auy loss of access
to and from Osgood Street by reason of Angus ' development
of its site.
Very truly yours,
Thomas F. Caffrey
TFC:rnjin
CC : Angus Realty Corporation
Maclaren AssoCiateS
f Robert J. O'Sullivan, Esquire
tI 0l2[2S k-Jal
J .
}?0. ,Box 1317
'.71amd,.} Gdffreyr
,�0� �%,FSex c�lrx3cf, �'�eufence, l'7l°d 0{�¢�
J0,F-646-G{SI
December 18 , 1989
Christian C. #juntress , Tow]) Planrre`r
Town of North Andover
planning & Community Development office
120 Main Street
North 1 3doV F Massachusetts U1845
Re; Butcher Boy Mail
Dear Mr. Huntress:
This jotter is in reply to yaxxrs of December 14 , 1.989, ire
which you requested certaar-i infornlaticll for the Planning Board.
For ease o reading, 1 have restate. each of your requests,
followed k-)y my client' s responses.
J. . REQUEST: A chronological histozy of all appl.icat�.ons,
approvals, revisions and legal appeals bai-h reso],ved and
currently under a itigatioll.
RESPONSE: 'The information requested may largely be found in
the plaintiff' s pleadings in Ong s Realty corpora--ion V .
Paul A, Hedstrom, et al, Land Court Ease No. 128142. Such
informati.all is directly available to tile Planni-nq quest
through its counsel, Noel Bard, Esq. Further, this request
seems directed at the legal issues bcforc the Court_ and not-
toward a settlement. of the teclinicalfconstrUction which
issues we understand the Board seeks to settle through the
use of reasonable conditions in its site plan approval.
2 . REQUEST; Spot elevations showing the height of t]3e proposed
retaining wall,
RESPONSE! Spot elevations showing the height of the
proposed retaining wall appear on the site plan as
s.ubrnitt'ed. The top of the wall elevation is 134 .00 feet and
is constant along the wall.
3. REQUEST: Material to be used in the construction of the
proposed wall.
Christian C. Huntress, Page -2- 3)ecember 18 , 1989
Town Planner
RESPONSE: The material to be used in the construction of
the proposed wall is reinforced concrete and is identified
as such an the plants submitted, Shut L-2 .
4 . REQUEST; The Planning Board would prefer that the facade of
the structure be a mixture of clapboard and brick, rather
than the proposed Muck construction.
RESPONSE; it has been the applicatnt ' s intention from the
beginning to construct the facade of brick throughout the
entire building, with the exception of the glass area. This
intention has been repeatedly expressed at numerous public
meetings and is in accordance with condition number 7 of the
Eoning Board of Appeals Special Permit, which permit
requires that 'Fall the walls of the proposed structure be of
the same materials , excepting glass" .
. REQUEST: The llew easejncant for Stetson St. does not allow
for access through the proposed entrance to the site. The
easement should be re-drawn .
RESPONSE; We assumeyour reference to Stet-son Street is
intended as a reference to the "paper street" known as
location and relocation of this
St anleyville Avenue. The
right-of-way is a private ratter to be determined among
those persons who have the right to use such rigs}t-of-way.
This matter is beyond the jurisdiction of the Planning
Board . In fact, it was discussed extensively at various
Planning Board hearings and it was the position of Mr .
Hedstrom, then the: Chairman, that tbe matter was a private
matter not to be considered by the Planning Board.
6 . REQUEST: The board would like to see a lighting plan which
shows both location and details of the proposed fixtures.
The board has historically requested thatall lighting be
down cast box fixtures.
RESPONSE: A lighting plan is Shawn on the site plan as
submitted, Sheet L--1 . Fixture cuts were submitted to Mr.
Stocking on two separate occasions and were found acceptable
by him. Applicant would be happy to resubmit the lighting
data if the Planning Board is unable to locate it in its
files.
7 . REQUEST: A sign detail showing size, style and location of
all proposed signs.
RESPONSE': The primary sign location for the project is
identified on the site plan. iilnt.Ll the dare of the project
is decided and the tenants are identified, the final sign
des ,g cannot be provided. All applicable sigaage zoning
requirements shall he met. The sizes and areas of all other
Chrintlan C. Huntress, Page -3- December 18, 1989
'fowl Planner
signs to be attached to the building were rcviewed and
accepted by Mr. Stocking several ntonths ago, Copies of all
sign calculations were submitted at that time and are an
file with the Planning Board' s office. The applicant is
willing, if necessary, to resubmit the signage data .
8 . REQUEST; An analysis shall be done by a professional
hydrologist which certifies the direction of all subsurface
water flaw. The hydrologist shalI be chosen by the Planning
Staff and shall be paid for by the applicant ,
RLIS12ONSE: All Ina.tters of hydrology were discussed and
considered extensively at several Conservation Commission
hearings and considered further by the Departmcnt of
Environmental Protection. Extensive: data furnished the
Conservation C'onunision is available to the Planning Board in
the Town Offices, including ground water. mapping .
Applicant maintains that satisfactory hydrological analysis
was performed as part of its submittals to the Conservation
CoTamission. The matter was re-examined by the Department of
Environmental ProteQtion when it considered the appeal of an
ab-uttor who claimed, among other things, that the
hydrological analysis was not performed accurately. The DEP
found "'ghat the- hydrological. method used by the applicant
complies with the Department standards and. . .that the
results obtained by the applicant are accurate. " The DEP
has issued a Superseding Order of Conditions and that
document i.s a matter_ of record at tho North District of
Essex Registry of Deeds, instrument no, 27226 of Decetilbcr,
1.989 .
We trust these responses meek_ the requirements of the
Blanning Board and will permit it to take prompt appropriate
action to resolve this long-standing case.
} Very truly yours,
Thomas F. Caf f r�
TFC:ml€n
CC: Karen H.P. Nelson, Director DPCD.
Joel. Bard, Esquire, Town Counsel
Gearye Perna, Chairman of the Planning Board
Angus Realty Corporation
Maclaren Associates
Robert- J. o' Sulaivan, Esquire
OFFICES OF, ToWn Of 1;'o IvLlirl Siroe'[
N C)l t�I AT idnv er
'I- Al. NORTH ANDOVER I k L I-qfA LS 0 1845
CONSERVIVI LON DIVtStON OF �508)06;2-6-1411
HEALTI f
I'LANNINC.', PLANNING & COMMUNUFY DEVELOPMF-N-l'
KAREN H,P. NELSON. DlFtECTOR
December
Mr. Thomas Caffrey
P.O. Box 1317
300 Essex Street
Law.reiioe, MA 01842
Re, Butcher Boy.
Dear Mr. Caffrey
At a regularly scheduled Piceting held by the Planninq Board oil
December 7, 1989, the board had the following Qomn ieriUs with
rcqard to the above referenced project.
The following jnfQt-m�itiior, should be submitted to the ):)card:
1. A chronological hi tcry of all applications, api
revisions and legal appeals both resolved ard currontly under
litigation.
2 . Spot elevations showing the height uE the proposed retUniIig
wall.
3. Material to be used in the construction of tile. proposed wall .
4 . The Planning Board would prefer that the facadc, of the
structure be a mixture of clapboard and bz-ick, rather than
the proposed block construction.
5. The new easement for Stetson St. does riot allow for accu:!;s
through the proposed entrance to the site. The casevierit
should be re-drawn.
6. The board would like to see a lighting plan which shovirs both
loQatiun and details of the propoE;ed fixtures . The board has
-isL
historically requested thFst all lighting be down c-, box
7 . A sign detail showing size, t tyio and location of all
Proposed signs,
a . An analysis shall be done by a professionnl hydrolaqi�:L- lAii-ch
certifies the direction of all Subsurface water flow. 'he
hydrologist Ball be cbosdan by the Plarming Sta[£ and shall
be paid for by the applicant.
Please contact =f office with any questions.
Sincerely,
Christian C. llunt£Gs8
Town planner
QC. Karen H.P. NelEon. Director DPCD.
Joel Bard, Town counsel
Planning Board
TOWN OF NORI'H ANDOVElk A r:,4°lt°
DIVISION OF PUBLIC WORKS
v+ November 30, 198
5q
Acm
Mr. George Perna, C1aai.rmTP-9n
P1 ananning Board
120 Main Street
North Andover,, MA 01845
Re Butcher BOY
JM.ar Mr. 1"anrrna:
The Division of Pubj c Works has revin-wed the. draft condiLicmns 61
rv.ttlenare nt .for thr. propo 7jr-d BLIta leer Boy M tr plaru
In anur irn i..tial review of the site plan and r.�,ibaequent letter- of
February 4, 1988 we expra^ssed yr,.gardinp, sewer :-1115t{allati.0fl,
dra:unangp installation and erosl.nen control. measijres. A.a7.nc-m tLP6cat date, w
have reviewed and approved plans and sR,-ciijc,-jt1nn°n® for prtnpost7al sewer
me-lime Land pumping ntartion„ We have. n of reviewed � � revise:a� dray rrYa�r 1rla�:rt�
or ca1c,aala3t ons; nor ally plans, of proposed erosion control me8surmq»
Our e nneerns are addressed in con iwa3, and Zi o f thr
Nov., 29, 11989 dreaft. °onditanaanii� of rpttl.�,Tnaent..
Very trr�:� your �
I
a
j, W111j.Kap Hnr,urt^i.a)t
T)ir.enrtor oaf Engineering
ax AdaaBnitiin'atn.a:3tioG'I..
EATON CHANDLER, P.C.
AT TORNM VS AT LAW
234 ESSEX STREET ESFR9LG!'ZO 1947
JAM"H.EATON.131 LAWAeN[£.MASSAGFk JSETTS 01040 FEED H.EATON 1291-1535
nooeRr J.O'SL1LLiVAN P.N.Ck-kAN M 4897-F946
JOHN C.OAKLEY TELEPMONE S5M;805--5123 JAMIES K EATON 15a�1992 iREf,}
GREC.DRY N_EATON' J.ALL EF[T MAnLEr a 947-1966(iET-)
'(A MMrTM-MA.MA AND NV) PtOMRT V.QSLLIJVAN 1793&-19975
October 10 , 1989
Attorney Joel B. Bard
Kopelman and Paige, P.C.
77 �`Lanklin Street
Boston, MA 02110
Re: Angus Realty Corp. v. Hedstrom et als
Land Court No: 128142
Dear Joel:
I received your message that you will not be available for the
Planning Board meeting an October 19, 1989 and that you have arranged
to have the Angus Realty Trust matter placed on the Planning Board's
agenda fcr the meeting of November 2, 1989 .
Mr . Yameen, Attorney Caffrey, George Namour, the project
architect, and Myself will be present an November 2€►d. It is my
understanding that the appropriate town officials end yourself Will
also attend this meeting, and hopefully, we can bring this
long-standing matter to a conclusion.
If there is any reason why this matter cannot be taken up at the
November 2nd. meeting, T would ask either you or fir . Huntress to
contact me immediately.
Very truly yours,
ROSLRT J. O' ULLI VAN
RJO r Irr
CO_ Attorney Thomas Caffrey
Mr . Kenneth Yameen
Mr. George Namour
Mr . chris Huntress
EATON & CHANDLER., P.C.
ATTOkNUYS AT LAW
234 E r=X STREET ESTdE3LI5t1E6 E697
1AME5 H.EATON,ilk LAWRENCE,MASSACHUSETTS D1$40 FRM H.EATON 1I 47-4935
ROBERT J.6'SULUVAN _-r _ F.U CHANOLL741 U9T-1444
SOHN C.OAKLEY TO PHONE{500 GOS-51Z3 FAIESH.EATON i4zG-iM2 cRETJ
(;RF: ORY N_EATON- 1.ALj3FRT RRAULEY i947..is.b iRET.}
-tAiw -rm-MA.rani ANtr Nv) fttJBERT V.€]'SU[E1VAN S[939-[Yd75
October 2, 1989
Attorney Joel B. Bard
Ko-pelman and Page, P.C.
77 Franklin street
Bos ton, MA 0211 b
Re: Angus Realty Corp, v. Hedstrom et als
Land Court No: 129142
Dear Joel :
Chris itntress has now informed Mr. Yameen that this natter will
be on the Planning Board agenda for its meeting scheduled for
October 19, 1989 . Chris also informed Nor. Yameen that you will be
present at that meeting, and it is my i1nderstanding in accori�an with
our previous discussions , that this matter will be taken up in the
public session o the meeting and rat in executive session.
Would you kindly confirm to one that you will be present at the
meeting on October 19th.
Very truly yours,
ROSER'2 J. O'SQLLIVAN
RJC)'S/r r
CC: Attorney Thomas Caffrey
mr. Kenneth Yameen
Mr. George Namour
Mr , Chris Huntress
eas'd q w'
. Cal
tee
a 5
_T C). 3 OX 13!T
Namrr.e Co '�
300 �a,aex e�lreef, �+'Qwlrnee, ,/mod 01842
508-6e6-61,5J
,`�ax 308-6d.S-8f8d
Septem er 13, 1989
George Pernar C��airman
North Andover Planning Board
Town Hall
North Andover, Massachusetts 01845
Re: Angus Realty Corporation (Hutchex. Boy
1881)
planning Board Dec
iskon dated May 4 ,
Angus Realty Corporation Vs
Land Court based. 12814 .
Hedstrom, et a3.s
Dear Mr. Perna:
The purpose of this letter is to requcst a meeting with the
Planning Board on 'Thursday, September 21, 1989, in executive
a above-noted matter . We also request that
session, to discuss t33
your legal counsel, Joel H. Bard, Esquire, be presort to
represent your interest.
To focus the discussion and in comp iazzce with the
suggestion o xa erg .p. Nelsen, your Planning Director, Z have
sut forth below 6 of the 7 reasons 91ve 11 in your Denial Decision,
each followed by our current response to those concerns . As y❑u
can. see, Angus has satisfied each concern by obtaining the-
appropriate governmental approvals.
�Ihc sole remaining specific reason for your denial, in
essence, raised the -validity of the 1.987 special Permit issued to
Arigris by the Zoning Board of Appeals. That matter is a priijcipal
issue in the Band Court litigation referred to above and
represents, we lic}lieve, the single remaining issue to be resolved
between the parties. We are hopeful a frank discussion with the
Planning Board will lead to a prompt resolution of this entire
case.
SPECIFIC REASONS FOR DENIAL (#2 through V)
Reason:
2. A complete set of sewer }clans were not submitted to DPW ,for
review. The Board cannot determine if the proposed sewer
design meets DPW standards due to lack of information.
Response:
2 . A complete set of sewer plans 11a,ve been submitted and
approved by both Local and State DPW. NCC essary street
opening permits and sewer extension permits have been
obtained, along with an Order of conditions for the sewer
project.
Reason:
3. Detail plans regarding the natural spring on-site have not
been submitted to the DPW for review. The board finds that
the potential. adverse impact- to the Lake due to inadequate
design for the spring requires a More dtail and complete
review.
I�esporise:
3. Flans regarding the so-called natural spring on site have
been submitted and reviewed to the satisfaction of the DPW.
This matter_ was also reviewed and considered fully as part
of the Conservation Cormaission public hearing process. The
Corxservati on C;oinnlssion has issued its Order of Conditions
for the Mall. project.
Reason:
4.Conflict with the proposed drainage pipes from the site and
a major water lj,�ie which currently exists along Usgood
Street has not beer, reso3.ved to the satisfaction of the
Beard or DPW.
ResponseT
4 . A re-routing of the proposed drainage pipes from the site
has eliminated any conflict with water lines in usgood
Street, all to the satisfaction of the DPW.
Reason:
5.The applicant has altered a resource area along the reap
property line in violation of the wetlands Protection Act.
The applicant shall be required to replace the wetland
disti3rbed by 3 times as required IDy the act. The
replacement area shall require the movement of the proposed
structure and rear loading docks. A new site plan showing
these changes should be submitted, which is in comPliarlce
with an Order of Conditions from the NACC.
Response:
. A3.1 questions concernj.Dq the Wetlands Protection Act were
taker} up, discussed at length, and resolved in public
hearings with the North Andover Conservation Commission. An
Order of Conditions has been issued.
Reason:
5. An Environmental Impact Repox`t as required by the state was
not submitted concurrently with the application before us.
The hoard requests that the iLOPA process run concurrently
with the Planning Board review in order to coordinate with
state agencies which have, jurisdiction with this project.
Response-
6 . All processes related to an Environmental Impact Report have
been completed and a satisfactory Certificate of the
Secretary of Environmental Affairs on the Final.
Environmental Impact Report was issued August 2, 1989 .
Reason
7 . A detail Traffic Impact Report has not been submitted to the
Board st-udying the current design of the access to the site.
A traffic Impact Report submitted was for the original
access drive, and the board requires a new Traffic Impact
Report based upon the new access design.
Response:
7. A major focus of the environmental. impact report was the
traffic to be generated by this project. A detailed traffic
impact report was included as part of the EIR process and
found satisfactory for that purpose.
we believe evidence of cacti of the above—noted responses is
in your file, or available to you through the Conservation
Commission, should you need, for the meetir-q, any specific
evidence to support oar Responses, please let me know i. i advance
of the meeting.
we are hopeful the long and costly details in this project
have came to are end. We sincerely request the full cooperation
of the Planning Board in expediting the final proced-oral steps.
Very truly yours,
Thomas F. Caffrey
CC: Mr. Kenneth wm. Yameen
Angus Realty Corporation
Mr. George Namr�our
Maclaren Associates, Inc.
HAND DELIVERED
it1P .
NORTH ANDOVER FIRE DEPARTMENT
� rn
CENTRAL FIRE HEADQUARTERS
* Yti+ 124 Main Street
saoHc s North Andover, Mass. 01845
WILLIAM V. DGLAN
chief of Dupsrtment Tel. (608) 686-381
TO: Chris H-untress, Planning Dept.
From: Lt. Andrew Melnikas, Fire Prevention
Re: Butcher Boy Complex
Date : May 19, 1989
The Chief and I have reviewed the latost plans for the Butcher
Boy Complex property. ,As it is, for the most part, similar to
our last copy, we do not have any additional commEents.
Those comments dated March 16, 1989, we feed., address all our
concerns.
Lt. Andrew Melnikas
Fire Prevention Officer
"SMOKE DETECTORS SAVE LIVES"
OFFICES(A--: 'l,own of 2()M�i i r i 1�41 y(:t I
APPFAI-S NORTHANDOVER N0011
R-3 i ICT i L t"t 111 18 4 7,
I 7 I V I',]ON 4")j:
617 6�;:5 477-,
HEALTH
111-ANNIM; PLANNING & CIOMMUNJI'Y DE VELOPMENT
KAItV,%N I I.P. NELSON.
MEMORANDUM
TO: North AndC)Ver (,0jj5CrVati0;j CORUnissio),
FRUM: Scott- A. Stock I.anner
DATE,; August 23 , 1988
RE Angus Realty - SpCcial perMit
Watershed District
UpOri reviewing UhC dL'CiSi011 issued by thc Board of Appeals in
1985 on Lhe above ci-Lcd permit;, it appears that the JajjgU.Llgp
Condition 1[2 is sufficicritly broad cnough 1-0 allow the current
sewer design to be covercd and allowed under th(:-- 1985 special
Perilkit ,
what is at issue and what Angus Realty is in suit with the
Planning Board is wheLhcr the 1-985 sL)ecial, permit is still Valid
and in full force alld effect. The Tow)i has requested clarificatiL)rl
Of this issue by Town COLMSel arid we expect the issue to be resolved
shortly.
If you requiro additional clarification from me on this matter
please let me know.
770WR OF NORTH MkDOVE'R
RP',QUEST FOR LEGAL, Sl!,RVICHS,
AT E 'July 19,, 191,88
NAME- Scott stockiiig 1111 T L E Town P]anner
(X)M.M ETT E E/'D E P A R T M E N'T 1,13-amiing Board
DES,C'RIPTION OF REQUEST: ( InCILWC SLI.Ch infori.mition as "reque-st
for legial cipinion" or "'rel.ite8 to peTiding litigatJon. ` Is this a
request of a cominitt,ce or an individual rnember ' s concern; and
is the request high - to priority ar-v.1 explain why . Please attach
a.11 relevarit documentaticm., )
REI�110ND: Angus Realty Corporation vs. Nort.b Andover illanning 13oard
Cj.vii I Action No . 128142
TIME FRAME-: ( B,y what date is a response needed, Ply°ai,c explain.
August 1.5,', 1988
SkJBMI.I.' COMPLETED REQUEST FORM TO OFFICE OF
Sxl,K",vMKN FOR PROCESSING
Your re-quest for legal, services re,lative to 6
-was
Forwarded to Town Coun8el
Date: cN 25
Re turned.
Da t e
Reason
Town Manager
'912"Onza-,L 9— Cafft E
OftotnEy at Z.U, 91).C. ij,
�)tta 011842
DC�CeMber 28 , 19f37
Karen H . P. Nelson, DirecLor
Town of Nort-h Andover
L),ivis,i4,-)n of P),.anni'ng and
Cc1'F,jjjjtj�Njty DVC,.V'1,Uphleil'u_
120 Main Strn(-.J.
North And.ove�--, MA O1.845
In Be; Angus Realty Corporation
Dear Ms. Nel�ori :
This will confirm our appointment at your office January
6, 1988 at 2 :30 P,M.
We have requested this conference t(.) sce :H-, 1.h- questiom�
centering an site pTan review requiremonLs can be resolved .
We take exception to the conclusions reachf--,d by Mr . St.ocking
in his letter datcd 14 , .1987 .,
Your suggostiun that Town Counsel be. at- the
confererce is heipLul anO may serve to rcsolve the matter
finally.
Veir,y truly yours,
Thomas F. Caffrey
TFC;ces
CC; K. yamnen
A. Maclara�,i
S. Stocking