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HomeMy WebLinkAbout2001-09-20 Permit Extension 9/10/2003 Town of North Andover o� t'a pvk Office of the Planning Department `��' ' "b tiA Community Development and Services Division 27 Charles Street e�g4r—nYA`y.ii� North.Andover,Massachusetts 01845 ci4 6 htLp-Z/www..to ofnortliandover.com Town Planner. iwoods@townofnorthairdover.com P (978) 688-9535 J.Justin Woods F (978) 688-9542 NOTICE OF PERMIT EXTENSION SENT VIA CERTIFIED MAIL RETURN RECEIPT'REQUESTED September 10, 2003 P. L. Hingorani, Trustee One Hundred Fourteen Trust 51 Mount Joy Drive Tewksbury, MA 01876 RE; 0 Turnpike Street,Lot#4N,Merrimack Office Building Site Plan Special Permit Extension Dear Mr. Hingorani, At a regularly scheduled meeting of the Planning Board, duly posted, and held on September 9, 2003, the North Andover Planning Board voted to grant an extension of the Site PIan Special Permit issued on September 20, 2001 to One Hundred Fourteen Trust for the construction of a 66,666 square foot office building with a garage containing 15,514 square foot located in the Business 4 Zone on Turnpike Street in North Andover. This extension is granted pursuant to Massachusetts General Law, Chapter 40A, Section 9 and Section 10.31.3 of the North Andover Zoning Bylaw, and will extend the above referenced Special Permit for a period of one year. This permit is now due to expire on September 20, 2004. Sincerely, J. t n Woods, Town Planner for e North Andover Planning Board: Alberto Angles, Chairman George White,Vice Chairman Felipe Schwarz, Clerk John Simons Richard Nardella .lames Phinney,Associate Member t..S BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 IIEALTH 688-9540 PLANNING 688-9535 COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT CIVIL ACTION No, 275239 Benjamin Farnum Plaintiff(s) •� One Hundred Fourteen Trust,Peter Hingorani,Trustee,John Simons, Alberto Angles,Richard Nardella and Richard Rowen, as they comprise the oPlanning Board for the Town of&rth Andover,Rosemary Smedile,James Xenakis,William Duffy,Jr., Susan Haltmaier, and Don Stewart.as they comprise the Board of Selectmen for the Town of North Andover. E o p _, Defendant(s) T SUMMONS 04 -2 To the above-named Defendant: One-Hundred Fourteen Trust, Peter Hingorani, Trustee You are hereby summoned and required to serve upon Francis A. DiLuna,Em re , oMurtha Cullina Roche Carens &DeGiacomo,LLP, $ plaintiffs attorney, whose address is 600 Unicorn Park Drive,Woburn,M 0IE01� an answer to the complaint which is herewith served upon you,within 20 days after service of this summons upon you, ex- elusive of the day of service. If you fail to do so,judgment by default will be taken against you for the relief ademanded in the complaint. You are.also required to file your answer to the complaint in the office of the Recorder of this court at Boston either before service upon plaintiff's attorney or within a reasonableatime thereafter. Unless otherwise provided by Rule 13(a), your answer must state as a counterclaim any claim which you g, may have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the plaintiffs claim or you will thereafter be barred from making such claim in any other action. s ,Chief Justice,at Boston,theJ 9 th Av of Witness, PETER W. KILBORN o ' October ,in the year of our Lord two thousand and O y A RECORDER o d MOTES: n 1. This summons is issued pursuant to Rule A of the Massachusetts Rules of Civil Procedure. P2. When more than one-defendant is involved, the names of all defendants should appbar in the caption. If a separate o „ summons is used for each defendant, each should,be addressed to the particular defendant. Z'v 3. TO PLAINTIFF'S ATTORNEY: PLEASE CIRCLE TYPE OF ACTION INVOLVED (1) EQUITY--(2) OTHER LC S-4(11/00) LAW OFFICE OF MARK B. JOHNS ON 12 Chestnut Street Andover, Massachusetts 01810-3706 = ��=?, ��,..(', . {978}475-4488 J11 1 2 '2004 Telemplec (978)475-6703 MOIRTH Ott PLANNIJJA Paralegals C,i,,.,f iti E MARK B, JOHNSON (MA,NH,DC) KATHRYN M. MORIN DONALD F. BORENSTEIN (MA,ME) LIANNE CRISTALDI JAMES BONFANTI (MA) MICHELE C. JONIKAS MARK A, MEROLLI (MA,IL) KATHLEEN H. HARBER JOHN G, LAMB (MA) KAREN P. EHRAMJIAN DAWN M. WALKER BRAND[ D.L. HURD July 9, 2004 Julie Parrino, Town Planner North Andover Planning Board 27 Charles Street North Andover, MA 01845 Re: One Hundred Fourteen Trust Turnpike Street,North Andover Site Plan Special Permit Benjamin G, Farmun v. One Hundred Fourteen Trust, et al. Land Court Misc. No. 275239 Dear Julie: As you are now aware, I represent the Applicant, As noted by me at the Board's recent meeting, the Applicant will not be requesting any extensions with regard to the above-referenced site plan special permit approval at this time. The reason for this is that the two year expiration period generally applicable to special permits has not yet begun to run in this case, where an abutter's appeal of the Board's issuance of that special permit remains pending, The title and Land Court docket number for the appeal are referenced above. For confirmation of same, please see the Massachusetts Zoning Act, c.40A, §9, as well as, §10.31.3 of the North Andover Zoning Bylaw, which both provide that the two year expiration period for special permits does not begin to run until any appeal has been concluded. F.Wew•Doos%ngoranl,PeteA04-323 North Andover Comp Permitl"no W 07-09-94.dw Julie Parrino, Town Planner North Andover Planning Board July 9, 2004 Page 2 Would you please place a copy of this letter in the Board's file on this matter. Thank you for your usual cooperation in this regard. Very truly yours, LAW OFFICE OF MARK B. JOHNSON "Konald F. Borenstein DFBldms cc: Peter Hingorani, One Hundred Fourteen Trust RkNew•Docs1H€ngoranI.Peler104-323 North Andover Comp PermMpardno Its 07-09-04.doc