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HomeMy WebLinkAboutHARDCOURT MANOR REALTY TRUST Any appeal shall be flied PZ =' MUM B within (20) days after the p ; + date of filing of this Notice Tri°, 3K,�OWN OF NORTH ANDOVER in the Office of the Town IJ`'I" - . I--R MASSACHUSETTS Clerk �-- MAR 16 9 58 AM '83 NORTH O's ..e y�y0 A x y ��s�cNustfi March 14 , 1983 Mr . Daniel Long , Town Clerk Town Office Building North Andover , Mass . 01845 Re : Hardtcourt Manor Realty Trust Special Permit - Large 2 Punchard Avenue Estate Condominium Con- Andover , Mass . 01810 version- Great Pond Rd . Dear Mr . Long : The North Andover Planning Board held a public hearing on Monday evening , December 20 , 1982 in the Town Office Meeting Room upon the application of Hardtcourt Manor Realty Trust . The hearing was advertised in the North Andover Citizen on November 24 and December 2 , 1982 and all abutters were notified by certified mail . The following members were present and voting : Paul A . Hedstrom , Chairman ; Michael P . Roberts , Vice Chairman ; Walter R . McDonough , Clerk ; John J . Burke ; and Erich W . Nitzsche . The petitioner seeks a Special Permit under Section 13 of the Zoning By Law so as to permit the conversion of existing buildings into twenty four ( 24) condominium units on the premises located on the South side of Great Pond Road and known as 1518 Great Pond Road . The site affected is located in the R-2 zoning district , with an area of 26 . 5 acres and 150 feet of frontage . The proposed con- version provides twelve ( 12) units in the original house (estate) , ten ( 10 ) units in Campion Hall , and two (2 ) units in the guest house . The smallest unit will be 970 square feet and the largest will be 1 ,950 square feet . There will be minimal exterior work done to the facade . At the public hearing one of the major concerns of the proposed project was the installation of the subsurface disposal system . Both abutters and town boards and departments openly discussed the potential negative long term impacts of the proposed septic system on the town ' s water supply ; Lake Cochechewick . R,ECE!7E0 DANA :L LONG Hardtcourt Manor Realty TrustTO'� ' C ER E NOR Th - t` R Special Permit Large Estate Condominium Conversion 1518 Great Pond Road MAR 16 9 58 AM '83 March 14 , 1983 Page 2 The following members were present and voting at the meeting of March 8 , 1983 when the Board rendered its decision : Paul A . Hedstrom , Chairman ; Michael P . Roberts, Vice Chairman ; Walter R . McDonough , Clerk ; John J . Burke ; and Erich W . Nitzsche . Upon a motion made by Mr. Burke and seconded by Mr . Nitzsche , the Board voted unanimously to grant the Special Permit subject to the following conditions : 1 . Only the proposed work shown on Plan entitled "Hardtcourt Manor" by Vitol Associates , Architects , Planners , 1230 Statler Street , Boston , dated October 14 ,1982 , is allowed under this Special Permit for conversion of a large estate into twenty four (24) condominium units . 2 . Following the completion of the proposed work , prior to recording with the North Essex Registry of Deeds , the final plans , dimensioning units and buildings , Master Deed , By Laws, and any other associated plans shall be reviewed by the Planning Board and endorsed by the Chairman for final re- view phase and approval . 3. All drainage plans are subject to review and approval by the Planning Board and the Highway Surveyor prior to any construction . 4 . Included in the final plans will be the complete draiange design . Run off calculations due to increased areas of pavement and soil disturbance shall be required of the applicant , 5 . Erosion and sedimentation control measures shall be re- quired if determined necessary by the Planning Board . 6 . According to the Conservation Commission 's letter dated December 7 , 1982 : a ) A Notice of Intent shall be filed with the North Andover Conservation Commission pursuant to M .G .L . Ch . 131 , Section 40 , Wetland ' s Protection Act , and the North Andover Wetland By Law, Section 3 . 5 A & B . The Notice will encompass any work within 100 feet or adjacent to wetland , floodplain , or tributary thereof. 7. According to the Fire Department 's letter dated December 13 , 1982 : a ) Two (2 ) new fire hydrants shall be installed and shall be on a looped system from Bonny Lane . b ) An access road shall be required to the rear of the bAM1 t rJMG Hardtcourt Manor Realty Trust TCf 'l " NOR ! h $F,E , tib Special Permit - Large Estate Condominium ConVerS7on 1518 'Great Pond Road MAR IG 9 56 Am March 14 , 1983 Page 3 estate for emergency use . c) An automatic fire alarm system shall be installed in accordance with M . G . L . Ch . 148 , Section 26 B . d) Method of heating and type of system shall be specified prior to renovation . e) All of the above conditions ( 7 a , b , c , and d ) shall be included in the plans . B. In accordance with the Highway Surveyor ' s letter dated De- cember 20 , 1982 : a), Road maintenance and other town services under the jur- isdiction of the Highway Department , with the exception of drainage from the site , are exempt since it is strictly a private development . 9 . In' accordance with the Board of Public Works letters dated November 29 , 1982 and January 13 , 1983 , the applicant shall tie into the public sewer proposed from Great Pond Road . 10 . In accordance with the Board of Health 's letters dated De- ceimber 13 , 1982 and January 17 , 1983 , the Board requires seiwer installation to best service the development. 11 . New water mains shall be installed to the specification of the Board of Public Works as required , subject to approval by the Planning Board 12 . Said development shall fully comply and be governed by Section 13 of the North Andover Zoning By Law . In granting the Special Permit , the Planning Board finds , pursuant to Section 10, 31 of the Zoning By Law , that : a ) The specific site , 1518 Great Pond Road, is an appropriate lo- cation for such a use ; b ) The use , condominium conversion , as developed will not adversely affect the surrounding neighborhood ; c) There will be no nuisance or serious hazard to vehicles or pedestrians as a result of this development; d ) Adequate and appropriate facilities will be provided for the proper operation of the proposed use ; and 1 Hardtcourt Manor RealtyTrust DANT`.' , 1dG Special Permit Large Estate Condominium Con���'},anR 1518 Great Pond Road VE March 14 , 1983 MAR 6 58 # 3 Page 4 e ) The use is in harmony with the general purpose and intent of the Zoning By Law. Sincerely , PLANNING BOARD 6� a . Paul A. Hedstrom , Chairman PAH/jw cc Highway Surveyor Board of Public Works Board of Health Conservation Commission Fire Chief Building Inspector Parties in Interest Applicant DOMENIC J. SCALISE ' ° ' ATTORNEY AT LAW HD 1 ;'' JrR 89 MAIN STREET AQ tR NORTH ANDOVER, MASSACHUSETTS 01845 APR 11 4�j AN 83 TELEPHONE (617) 682.4153 April 14, 1983 Town Clerk Town of North Andover Town Hall 120 Main Street North Andover, MA 01845 RE Leno et al Vs. North Andover Planning Board et al Essex County Superior Court Complaint Dear Sir: Kindly take notice that the original of the within Complaint has this day been filed with the Clerk of the Essex County Superior Court. Your attention is 'directed to General Laws of Massachusetts , Chapter 40A, Section 17. Thank you for your attention to this matter. Very truly yours, Domenic J. Scalise DJS�nr NOR ,a€R COMMONWEALTH OF MASSACHUSETTS ASR 4 1146 Essex, as Superior Court Civil Action No. Richard A. Leno and Daniel Abdulla, ) PLAINTIFFS ) Vs. ) } COMPLAINT Town of North Andover Planning Board, ) Paul Hedstrom, John J. Burke, Erich ) (G. L. c. 40A, see- 17) Ni�zache, Michael Roberts and Walter ) Mc4ionough, Members, and Hardtcourt ) Manor Realty Trust , ) DEPENDANTS } The Plaintiffs herein invoke the provisions of Massachusett General Laws, Chapter 40A, Section 17, and respectfully represent as follows : 1. The Plaintiff, Richard A. Zeno, 1500 Great Pond Road, North Andover, Essex County, Massachusetts , is aggrieved by a dooision bf the Town of North Andover Planning Board. 2. The Plaintiff, Daniel Abdulla, 1490 Great Pond Road, North Andover, Essex County, Massachusetts is likewise aggrieved b said decision. 3• A copy of the decision appealed from is annexed hereto, marked "A", and incorporated herein by specific ,refer'ence thereto. ,e 4. The Defendants herein are the Town of North Andover Plannin - Board, Town Hall, North Andover, Essex County, Massachusetts , and Paul Hedstrom, 30 Oaks Drive, John J. Burke, 65 Hillside Road, Erich Nitzsche, 1253 Salem Street, Michael Roberts 52 South Bradfo d Street, and Walter McDonough, 85 Sutton Hill Road, all of said North Andover, and Hardtcourt Manor Realty Trust, 2 Punebard Avenue, Andover, Essex County , Massachusetts. 5.- The decision appealed from, Exhibit "A", was made by the j said Planning Board as special permit gran ,ing authority. ATTORPEV AT LAW 89 MAN STREET 1p• U NORTH ANDOVER.MASS. IN THE SU P;-aOR COURT oleos . FOR THE COUP•;T'Y Gr ESSEX 617iee2-4153 - APR 4 19 «K 6. . The Defendant , Hardtcourt Manor Realty Trust, made applica.t on under the condominium conversion by-law section of the North Andover Zoning By-Laws , viz. Section 13 thereof, seeking a Special Permit to convert buildings at 1518 Great Pond Road into individual condominium units. 7. The Defendant Planning Board, after publication and notice hell a public hearing on December 20, 1982., and heard arguments for and against said application.- 8. At the conclusion of the meeting, The Defendant Planning Board took under advisement the subject application and thereafter by decision dated March 14, 1983 and received by the Town "lerk for .the Towfi of North Andover on March 16, 1983, the Planning Board granted the Special Permit. r 9. The decision of the Defendant Planning Board made no specif c findings of fact but rather reviewed the testimony of various parties including arguments of counsel, failed to set forth clearl the reasons for its decision, made completely unsupportable con- cluRions of fact and law, ineorproated matters into the decision which were not a part thereof, was made conditional upon so many general conditions, contingencies, future proposed work and other remote material matters, as to render the same completely unsuppor - able, arbitrary and capricious. 10. Plaintiffs urge that; the failure of the said Planning Board tb take specific and supported findings of fact, and the failure to set forth clearly the reasons for its decision precluded them froM' mak.ing the ultimate decision to grant said Special Permit . 11. Plaintiffs further allege that the decision of the -aid Planning Board exceeded its authority as It -is arbitrary and capricious, not in accordance with the cri`eria set forth in the Zoning By-Laws and General Laws , and Plaintiffsr pray that it be annu 17 ad. 12 . Plaintiffs further allege that the said Planning Board did not take into consideration the requirements of the law in acting upon the subject application. WHEREFORE, Plaintiffs pray: a) that the decision of the North Andover Planning Board granting the Special Permit be annulled. b) such other and further relief as. ,justice and equity may Dokimc J.SCALISE require. ATTORNEY AT LAW 89 MAN STREET NORTH ANDOVER.MASS. 01845 - 1817)882-4153 Richard A. Leno and Daniel Abdulla By their attorney, AomenicJ. S liseEsq . St eet North Andover, MA 01845 Tel. 682-4153 ' I ' IIS j � I .. DOMENGJ.RAUSE ATTORNEY AT LAW 89 MAN STREET NORTH ANDOVER.MASS_ DI8 5 - I I �1Tf 682-4153 ' i i FF^F'VEC Hardticourt Manor realty Trust Special Permit - Large Estate Condominium Con4#10,'i.on � CcR 1518 Great Pond Road March 14 , 1983 MAR (s S8 AM 183 Page 4 e ) The use is in harmony with the general purpose and intert of the Zoning By Law. Sincerely , PLANNING BOARD Paul A. Hedstrom. Chairman PAH/)w cc Highway Surveyor 0oard of Public Works Board of Health Conservation Commission Fire Chief ouilding Inspector Parties in Interest Applicant Jj f Richard A. Leno and Daniel Abdulla By their attorney, omenic J, S lise, Esq . 89 Main St eet North Andover, MA 01845 Tel. 682-4153 DOME J.SCAUSE ATOR-PY PS TT LAW 89 MAN STREET NORTH ANDOVER.MASS. - 0180$ 4517)682-4153 Ar^y appeal! 14 Aale of -)f bt is the Offic,6 Nf Am 17 tyd SAC kU;5 rarer? 4 , 28 3 Daniel Long , Town Clerk -IIffice Building . orth Andover , Mass . 01848 Hardtcourt Manor Realty Trust Special Permit - L rge 2 Punchard Avenue --state Condominium Cones Andover , Mass . 01810 version- Great PondRd . Dear Mr . Long : I ne North Andover Planning Board held a public hearing on lionday evening , December 20 , 1982 in the Town office Meeting Poor upon * �e application of Hardtcourt Ilanor Realty Trust . The hearing . �s advertised in the North Andover Citizen on November 24 and -1 2cemb-,r 2 , 1982 and all abutters were notified by certified mail . -, ",e following members were present and voting : Paul A , Hedstrom , `iairman ; Michael P . Roberts , Vice Chairman ; Walter R . McDonough , 71, erk ; John J . Burke ; and Eric", W . Nitzsche . `iie petitioner seeks a Special Permit under Section 131 of the Zoning By Law so as to permit the conversion of existing buildings into twenty four ( 24) condominium units on the premises located on the South side of Great Pond Road and known as"1518 Great Pond Road . The site affected is located in the R-2 zoning district , with an area of 26 , 9 acres and 150 feet of frontage . The proposed con- version provides twelve ( 12 ) units in the original house ( estate ) , ten ( 10) units in Campion Hall , and two ( 2) units in the guest house . The smallest unit will be 970 square feet and the largest will be 1 ,950 square feet . There will be minimal exterior work done to the facade . At the public hearing one of the major concerns of the proposed Project was the installation of the subsurface disposal system . Both abutters and town boards and departments openly discussed the potential negative long term impacts of the proposed septic system on the town ' s water supply , Lake Cochechewick . A RE^i DANI' 1. ;c Hardtcourt Manor Realty Trust TC':1` ` ,", K NORTil 4ER Special Permit - Large Estate Condominium Conversion 1518 Great Pond Road MAR 16 58 AN '83 March 14•, 198- Page 2. The following members were present and voting at the meeting of March 8, 1983 when the Board rendered its decision : Paul A . Hedstrom , Chairman ; Michael P . Roberts , Vice Chairman ; Walter R . McDonough , Clerk; John J. Burke ; and Erich W. Nitzsche . Upon a motion made by Mr. Burke and seconded, by Mr. Nitzsche , the Board voted unanimously to grant the Special Permit subject to the following conditions : 1 . Only the proposed work shown on Plan entitled "Hardtcourt Manor" by V'Ptol Associates , Architects , Planners , 1230 Statler Street, Boston , dated October 14 , 1982 , is allowed under this Special Permit for conversion of a large estate oto twenty four (24) condominium units . 2. Following the completion of the proposed work , prior to recording with the North Essex Registry of Deeds , the final plans , dimensioning units and buildings , Master Deed, By Laws , and any other associated plans shall be reviewed by the Planning Board and endorsed by the Chairman for final re- view phase and approval . 3. All drainage plans are subject to review and approval by the Paanning Board and the Highway Surveyor prior to any conttruction . 4. Included in the final plans will be the complete draiange design . Run ,off calculations due to increased areas of pavement and soil disturbance shall be required of the applicant . 5 . Erosion and sedimentation control measures shall- ''be re- quired if determined necessary by the Planning Board. 6 . According to the Conservation Commission ' s letter dated December 7, 1982 : a ) A Notice of Intent shall be filed with the North Ando.ve ;- Conservation Commission pursuant to M .G .L . Ch . 131 , Section 40 , Wetland ' s Protection Act , and the North Apdover Wetland By Law , Section 3. 5 A & B . The Notice will encompass any work within 100 feet or adjacent to wetland, floodplain , or . P tributary thereof. 7. According to the Fire Department 's letter dated December 13 , 1982 : a) Two (2) new fire hydrants shall be installed and shall be on a looped system from Bonny Lane . b) An access road shall be required to the rear of the R r r rills pAP'!', !h►iii Hardtcourt Manor Realty Trust 1109 f14 Special Permit - Large Estate Condominium Conversion 1518 Great Pond Road MAR 16 9 58 A% % March 14, 1983 Page 3 estate for emergency use . c) An automatic fire alarm system shall be installed in accordance with M . G . L . Ch . 148 , Section 26 B . J) Method of heating and type of system shali be specified prior to renovation . e) All of the above conditions ( 7 a , b , c , and d ) shall be included in the plans . S. In accordance with the Highway Surveyor' s letter dated De- cember 20, 1982 : a) Road maintenance and other town services under the' jur- isdiction of the Highway Department , with the exception of drainage from the site , are exempt since it is strictly a private development . 9 . In' accordance with the -Board of Public Works letters dated November 29 , 1982 and January 13 , 1983 , the applicant shall V e into the public sewer proposed from Great Pond Road . 10. In accordance with the Board of Health's letters dated De- cember 13, 1982 and January 17 , 1983 , the Board requires -sewer installation to best ,service the development. 11 . New water mains shall be installed to the specification of the Board of Public Works as required , subject to approval by the Planning Board 12 . Said development shall fully comply and be governed by Section 13 of the North Andover zoning By Law. J J In granting the Special Permit , the Planning Board finds , pursuant to Section 10 . 31 of the Zoning By Law , that : a ) The specific -site , 1518 Great Pond Road, is an appropriate lo- cation for such a use ; b ) The use , condominium conversion , as developed will not adversely affect the surrounding neighborhood ; c ) There will be no nuisance or serious hazard to vehicles or pedestrians as a result of this development ; d) Adequate and appropriate facilities will be provided for the proper operation of the proposed use ; and RE^r'VEC Hardtcourt Manoe Realty Trust Tri iC1iG Special Permit - large Estate Condomini um Con�fao.'i.on `� � 1518 Great Pond Road March 14 , 1963 MAR 16 9 Ss AM X83 Page 4 e ) The use 1s in harmony with the general - purpose and intent of the Zoning By Law. Sincerely , PLANNING BOARD ' � . Paul A. Hedstrom, Chairman PAH/3w cc Highway Surveyor Board of Public Works Board of Health ConserVation Commission Fire Chief Building Inspector Parties in Interest Applicant ` tet l ❑FFiCES OF RidkE MAROEN, P.C. L STREET t�NDCTS�t AS�SACHUSETTS 01610 REG'-NALDL fOARDEN TEL. 617! 470-0477 STEPHEN J- SANDMAN WILLIAM'W CPRCORAN OF COUNSEL CHAHLESF.FOSTER MARK B JOHNSON GEORGE A.RAND April 6 , 1983 i Clerk' s Office Essex Superior Court Federal Street Salem, Massachusetts 01970 RE: Richard A. Leno vs : Town of No. Andover Civil Action No. 83-844 Dear Sir/Madam: Enclosed you will find: 1 . Appearance of Reginald L. Marden as attorney for the Defendant Hardtcourt Manor Realty Trust. 2 , Motion of the Defendant Hardtcourt Manor Realty Trust for Summary Judgment. 3. Affidavit of Mark B. Johnson in Support of Defendant Hardtcourt Manor Realty Trust ' s Motion for Summary Judgment. 4. Affidavit of Paul Powers , In Support of Hardtcourt Manor Motion for Summary Judgment. Very truly yours , Reginald L. Marden RLM:dw Enclosure MARKING NOTICE Please mark the above Motion to be heard at Peabody on April 25 , 1983 at 9: 30 A.M. cc: Clerk, Town of No. And. Regina Marden Domenic J. Scalise, Esquire ___ •, G REC-11F� •.L r COMMONWEALTH Or MASSA y# 1k NORTH Ah�4. UOYER ESSEX, SS. : MAr 3! S31ppfa40URT MOTION OF THE DEFENDANT RICHARD A. LEND HARDTCOURT MANOR REALTY Plaintiff TRUST FOR SUMMARY JUDGMENT ' VS . lc� D TOWN OF NORTH ANDOVER Defendant i The Defendant Hardtcourt Manor Realty Trust moves, pursuan o MRCP 56 for Summary Judgment In Support of this Motion the aefendant states : c �\ 1 . That there is no material fact in dispute and that as a �--�tter of law the Defendant is entitled to summary judgment as z the board of appeals did not exceed its authority in granting �i to the Defendant a special permit. 2 . That it relies upom the following in support of this ` Motion: a . Affidavit of Paul Powers U` b. Affidavit of Mark B. Johnson which has attached to it G� the relevant portions of the zoning by-laws , Town of North J 1 Andover C. Brief Hardtcourt Manor Realty Trust by iIt a o ey Reginald L. rarden LAw OFFICES OF PULP L MARDEN. P-C. a> CENTRAL STREET i 'DOVER. MA*S� O)I)D TEL 1E1T/470-0477 i 0 6P r Red John E Powers, COMMON EALTH OF MASSACHUSETTS 1 Clerk Essex , ss . Appeals Court f No . 83-888 Richard Leno, et al Plaintiff MOTION OF THE DEFENDANT HARDTCOUR MANOR REALTY TRUST TO DISMISS VS . PLAINTIFF' S APPEAL AND FOR ENTRY OF FINAL JUDGMENT Hardtcourt Manor Realty Trust and the Town of North Andover Defendants The Defendant Hardtcourt Manor Realty Trust moves that the Plaintiff' s Appeal be dismissed and that final judgment be i entered for the Defendant . In support of this motion the Defendant states that on September l , 1983 , Judge Kass ordered post a 5 000. 00 bond by September 9 , 1983 Plaintiffs $ , that the P . as a condition of the appeal and that the Plaintiffs have failed to do so . Hardtcourt Manor F Realty Trust °C M� by its attorneys 7 U W a- a k 8• J hnson APPEALS COURT Law Offices of Reginald L. Marden , � . ALLOWED. 23 Central Street I� By the Court (Hale,C.J. r Andover. , MA 01810 4 4< Armstrong & Kassr J.J.) , f September. 15 , 19A�3� � Q Attest: Asst. Clerk R aid L. Marden aw Offices of I Reginald L. Marden , 23 Central Street LAW OFFICES of Andover, MA 01810 REGINALD L MARDEN. P.C. 23 CENTRAL.STREET ANDOVER.MASS. 0I810 TZU 1617?170.0477 COMMONWEALTH OF MASSACHUSETTS F'SSEX, SS. SUPERIOR CO ............... . .......r/.�- ....................... YS. u�i� _—�,cZ` RTIFICATE OF JUDGMENT In the above action, by complaint dated........ �- - /7/ ................I9, - the following entry has been made upon the docket of spid Court, viz: .. ...... f. . ....�...�. !... ... .................. ............................................................................................................... Attest: . . ............ .... Clerk REC71 "3 DOMENIC J. SCALISE �G'a ATTORNEY AT LAW NORµ 4�1-t CNER 89 MAIN STREET APR I p 10 M '83 � NORTH ANDOVER, MASSACHUSETTS 01845 .4! IP[U4 'Yf MV"W{ TELEPHONE (617) 682-4153 App°il 15, 1983 Civil Cle14's Office Essex County Superior Court 34 Federal_ Street Salem, MA 01970 RE: Richard Leno et al vs. Town of North Andover et als Civil Action #83-844 Dear Sir: i Concerning the above captioned civil action, on April 5, 1983 Reginald L. Marden, attorney for the � Wfendant, Hardtcourt Manor Realty Trust, filed a Motion for Summary Judgment along with Affidavits and marked the Motion for hearing at. Peabody on April 25, 1983. By agreement of all parties , this Motion is to be rescheduled to Friday, April 29, 19183 at 9 :30 a.m. at Peabody. I have this day forwarded copies of this request for rescheduling of the Motion to Reginald L. Marden, attorney for #i 'dtcourt Manor Realty Trust and to the Clerk of the Town of North Andover. Very truly yours, Domenic J . Scalise DJS'%fnr cc: Reginald L. Marden, Esq . Town of North Andover I Any ,,appeal shall le filed PE = AMIN 8 withi (20) days after the y� date of filing of this Notice =, l TOWN OF NORTH ANDOVER in the Office of the Town MAR Q : ,YE R MASSACHUSETTS Clerk _-- MAR 16 58 AM '03 A ,s`SACMUSft March 14 , 1983 Mr. Daniel Long , Town Clerk Town Office Building North Andover , Mass . 01845 Re : Hardtcourt Manor Realty Trust Special Permit - Large 2 Punchard Avenue Estate Condominium Con- Andover , Mass.. 01810 version- Great Pond Rd . Dear Mr . Long : The North Andover Planning Board held a public hearing on honday evening , December 20 , 1982 in the Town Office Meeting Room upon the application of Hardtcourt Manor Realty Trust . The hearing was advertised in the North Andover Citizen on November 24 and December 2 , 1982 and all abutters were notified by certified mail . The following , members were present and voting : Paul A . Hedstrom , Chairman ; Michael P. Roberts , Vice Chairman ; Walter R . McDonough , Clerk ; John J . Burke ; and Erich W . Nitzsche . The petitioner seeks a Special Permit under Section 13 of the Zoning By Law so as to permit the conversion of existing buildings into twenty four (24) condominium units on the premises -located on the South side of Great Pond Road and known as 1518 Great Pond Road . The site affected is located in the R-2 zoning district , with an area of 26 . 5 acres and 150 feet of frontage . The proposed con - version provides twelve ( 12 ) units in the original house (estate ) , ten ( 10) units in Campion Hall , and two ( 2) units in the guest house . The smallest unit will be 970 square feet and the largest will be 1 ,950 square feet . There will be minimal exterior work done to the facade . At the public hearing one of the major concerns of the proposed project was the installation of the subsurface disposal system. Both abutters and town boards and departments openly discussed the potential negative long term impacts of the proposed septic system on the town ' s water supply ; Lake Cochechewick . 8 ',r-".1 r. - RE .'" �t Hardtcourt Manor Realty Trust N0RT! =.., 31 ER Special Permit - Large Estate Condominium Conversion 1518 Great Pond Road MAR 16 9 58 AN '83 March 14 , .1983 Page 2 The following members were present and voting at the meeting of March 8 , 1983 when the Board rendered its decision : Paul A . Hedstrom , Chairman ; Michael P . Roberts , Vice Chairman ;. Walter R . McDonough , Clerk ; John J. Burke ; and Erich W . Nitzsche . Upon a motion made by Mr. Burke and seconded by Mr. Nitzsche , the Board voted unanimously to grant the Special Permit subject to the following conditions : 1 . Only the proposed work shown on Plan entitled "Hardtcourt Manor" by Vitol Associates , Architects , Planners , 1230 Statler Street , Boston , dated October 14 , 19825 is allowed under this Special Permit for conversion of a large estate into twenty four (24) condominium units . 2. Following the completion of the proposed work , prior to recording with the North Essex Registry of Deeds , the final plans , dimensioning units and buildings , Master Deed , By Laws, and any other associated plans shall be reviewed by the Planning Board and endorsed by the Chairman for final re- view phase and approval . 3. All drainage plans are subject to review and approval by the Planning Board and the Highway Surveyor prior to any construction . 4. Included in the final plans will be the complete draiange design . Run off calculations due to increased areas of pavement and soil disturbance shall be required of the applicant . 5 . Erosion and sedimentation control measures shall be re- quired if determined necessary by the Planning Board. 6 . According to the Conservation Commission ' s letter dated December 7 , 1982 : a ) A Notice of Intent shall be filed with the North Andover Conservation Commission pursuant to M .G . L . Ch . 131 , Section 40 , Wetland ' s Protection Act, and the North Andover Wetland By Law, Section 3. 5 A & B . The Notice will encompass any work within 100 feet or adjacent to wetland , floodplain , or tributary thereof. 7. According to the Fire Department ' s letter dated December 13 , 1982 : a ) Two (2 ) new fire hydrants shall be installed and shall be on a looped system from Bonny Lane . b ) An access road shall be required to the rear of the Hardtcourt Manor Realty Trust Ila 4 ±i�4L�r Special Permit - Large Estate Condominium Conversion 1518 Great Pond Road MAR 16 9 58 AM 'B March 14 , 1983 Page '3 estate for emergency use . c) An automatic fire alarm system shall be installed in accordance with M .G . L . Ch . 148 , Section 26 B . d) Method of heating and type of system shall be specified prior to renovation . e ) All of the above conditions ( 7 a , b , c , and d ) shall be included in the plans . 8. In accordance with the Highway Surveyor ' s letter dated De- cember 20 , 1982 : a ) Road maintenance and other town services under the jur- isdiction of the Highway Department , with the exception of drainage from the site , are exempt since it is strictly a private development . 9 . In accordance with the Board of Public Works letters dated November 29 , 1982 and January 13 , 1983 , the applicant shall tie into the public sewer proposed from Great Pond Road . 10 . In accordance with the Board of Health 's letters dated De- cember 13 , 1982 and January 17 , 1983 , the Board requires sewer installation to best service the development. 11 . New water mains shall be installed to the specification of the Board of Public Works as required , subject to approval by the Planning Board 12 . Said development shall fully comply and be governed by Section 13 of the North Andover Zoning By Law. In granting the Special Permit , the Planning Board finds , pursuant to Section 10 . 31 of the Zoning By Law , that : a ) • The specific site , 1518 Great Pond Road , is an appropriate lo- cation for such a use ; b) The use , condominium conversion , as developed will not adversely affect the surrounding neighborhood ; c) There will be no nuisance or serious hazard to vehicles or pedestrians as a result of this development; d) Adequate and appropriate facilities will be provided for the proper opera-tion- of the proposed use ; and RE f ,rL Hardtcourt Manor Realty TrustC�i`;r; i'r ILO Special Permit - Large Estate Condominium Convgj�sa.an :"!'-K 1518 Great Pond Road March 14 , 1483 MAR 58 X83 Page 4 e ) The use is in harmony with the general purpose and intent of the Zoning By Law. Sincerely , PLANNING BOARD Paul A. Hedstrom , Chairman PAH/jwc�G`� E� cc Highway Surveyorpb ' Board of Public Works /��/-,. ATTEST In A TMe Copy Board �- of Health Conservation Commission Fire Chief Building Inspector �TxoTtriClcrkR Parties in Interest' Applicant 0, P"', P,,., Recorded June 16,1983 at 4;30pI? x`9389 r ,•r�, OF Fr EDS JUh J : ..� •iUtl) REGISTRY OF DEEDS Northern01strict of Essex SS REIcIKED Law. . J,.,.ne 1.6, ig at 4 O'CLOCK &3_M_ p M AND RECURDED IN BOOK 1686 Page F— 1 1 j WEST � 4 Glu-.�- REGISTER OF UEE COMMONWEALTH OF MASSACHUSETTS ESSEX. SS. : SUPERIOR COURT No. 83-844 RICHARD A. LEND BRIEF OF THE DEFENDANT Plaintiff HARDTCOURT MANOR REALTY VS . TRUST IN SUPPORT OF ITS MOTION FOR SUMMARY TOWN OF NORTH ANDOVER JUDGMENT e en ant FACTS The Plaintiff ' s have appealed pursuant to M.G.L. Chapter 40A Section 17 the granting of a special permit to the Defendant Hardtcourt Manor Realty Trust to convert the buildings located at 1518 Great Pond Road, North Andover, Massachusetts in 24 condominium units . The defendant Hardtcourt Manor Realty Trust has moved for summary judgment. LEGAL AUTHORITY The pertinent legal authority is attached to the Affidavit of Mark B. Johnson. It consists of 1. Section 13 of the Town of North Andover By-Laws entitled: "Large Estate Condominium Conversion". This section set forth the requirements an applicant must meet in order to convert existing dwellings on large tracts of land to single family condominium dwellings. 2 . Section 10.31 of the Zoning By-Laws which set forth the LAW OFFICE$ OF conditions for a special permit. RwNALO L MAN'OEN. P.G. as cRNTR"rrRSXT ANDOVta.N"OP.0/810 it TBL+ (817)476.0477 t! A, r I 1 Argument The function of the Superior Court when hearing an appeal from the granting of a special permit was discussed in Garvey vs . Board of Appeals of Amherst, 400 NE 2d 880 (1980) . The Appeals Court held: "On appeal to the Superior Court, the judge is required to hear the matter de novo and to determine the legal validity of the board' s docision upon the facts found by him. (Citations omitted. ) The granting of a permit must be upheld if it is for a use that is ' in harmony with the general purpose and intent of the ordinance or by law, (Citations omitted. ) and the decision does not rest on ' a legally untenable Eround' (Citation omitted) and is not unreasonable, whimsical or arbitrary. A Court may not substitute its judgment for that of the board. The test is a three part test and the plaintiff believes that it has met each test. a. The use is in harmony with the general purpose and intent of the by-law. There is no question that the use of the property is in conformity with the by-laws as Section 13 explicitly authorizes such use. b. The decision does not rest on "a legally untenable ground" . The decision of the Board is certainly consistent with the requirements of the by-laws and MGL Chapter 40A Section 9. The board found that the subject property met the requirements of Section 13 of the by-laws and of Section LAW OFFICES OF 10,31 for the approval of the special permit. REGINALD L MARD'EN, P.C. ED CENTRAL STREET ANDOVER, MASS.OISIO —2— TEL: 19111 A7"4" -.+..,+.-......-..,,.,.-+,._-e^.- .,...«-�+mo-.-.•:+vvs.'!w*+�arn%.e..r m.•F^..�...«- .-...o.....y� I . J c . The decision was not unreasonable or whimsical or arbi- trary. It is clear that this decision was not unreasonable, whimsical or arbitrary. It was made after a public hearing where there was no opposition, the board imposed 12 con- ditions which addressed the concerns of the conservation COmmission, Fire Department, Highway Department, Board of Public Works and Board of Health. The sole question remaining is whether the board has complied with the requirements of Section 10. 31 of the Zoning By-laws. Section 10.31 provides, in pertinent partl : 10.31 Conditions for Approval of Special Permit 1 . The Special Permit Granting Authority shall not approve any such application for a Special Permit unless it finds that in its judgment all the following conditions are met: a. The specific site is an appropriate location for such a use, structure or condition; b. The use as developed will not adversely affect the neighborhood; c. There will be no nuisance or serious hazard to vehicles or pedestrians; d• Adequate and appropriate facilities will be pro- vided for the proper operation of the proposed use; e. The Special Permit Granting Authority shall not grant any Special Permit unless they made a special finding that the use is in harmony with the general purpose and intent of this By-.Law." it LAW OF FIL ES OF 7 REGINAF MAR DE N•P.C. y• The complete text of Section 10.31 is attached to the SS cENTRAL STREET Affidavit of Mark B. Johnson. ANDOVER, MAYS. 01910 _ -3- TCL, (017)A70-0077 -,._,.„.....m,•,o... ...._r.................... .........,..,-..—.,.•..T•+a+,y..�.---.,.-...—.r,-.e—w..�....,_...-...�wr.�^'^'._""..,__.,,,.s,rynp, 4 II f, it l' It is clear that the Board made each required finding. There I� is no question that the site is an appropriate location and I � lli that it is in harmony with the intent of the by-laws as the board specifically found that it complied with the requirements of Section 13. The board attached a number of conditions to insure that II adequate and appropriate facilities will be provided for and specifically found that the use as developed will not adversely affect the neighborhood or create a nuisance .or serve as hazzard to vehicles or pedestrians . Additionally, the approval of this permit carried out the purpose set forth in Section 13.1 of the by-laws : 13 .1 Purpose The purpose of this subsection is to permit existing dwell- ings on large tracts of land in Residence Districts 1, 23 and 3 to be converted to single family condominium dwelling units compatible with such Residence Districts , to create new housing involving relatively little new construction, to generate tax revenue to the Town, to preserve existing buildings, to preserve the residential character of the Town. In order to provide for development that is compatible with Residence Districts 1 , 2, and 3, which districts are pri- marily for single family residences , the conversions to dwelling units under this subsection are to condominium dwelling units, which can be separately owned, and are therefore a type of development similar in character to LAW OFFICES OF other development in such districts. REGINALD L MAROEN. P.C. 42 CENTRAL STREET ANDOVER. MASE. 01410 -4- TEL: 14170 47P0477 wg : ; - - — I i The defendant believes that it is clear that the Board has not exceeded its authority and 'that the board ' s decision was valid. For the above reasons , the defendant requests that it ' s Motion for Summary Judgment be allowed. Hardtcourt Manor Realty Trust by its attorney Reginald Marden Law Offices Of Reginald L. Marden, P. C. 23 Central Street Andover, Massachusetts 01810 Telephone: 470-0477 Dated: April 7 , 1983 LAW OFFICES OF REGINALD L MARDEN. P.C. SS CENTRAL STREET ANDOVER. MASS. 01810 -5- TKU 16171 470.0477 a COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. : SUPERIOR COURT No. 83-844 RICHARD A. LENO AFFIDAVIT OF PAUL POWERS IN SUPPORT OF DEFENDANT VS . HARDTCOURT REALTY TRUST MOTION FOR SUMMARY TOWN OF NORTH ANDOVER JUDGMENT I , Paul Powers, having been duly sworn depose and state that I have personal knowledge of the following: 1 . I am a trustee of Hardtcourt Manor Realty Trust who was the applicant for a special permit under section 13 of .the zoning by-laws to allow the conversion of the property locate at 1518 Great Pond Road to condominiums . 2 . I am familar with the property and it contains 26.5 acres The plans presented to the planning board were for 24 condo- minium units and 48 parking spaces. The property is located in a R-2 zoning district and has 150 feet of frontage on a public way. 3 . The dwellings which we seek to convert were erected prior to April 24, 1982 . 4. Each unit in the buildings are an independant unit in- tended for use by a single family and has its own bath and toilet facilities and its own kitchen. The average square LAW OFFICES OK ISI REGINALD L MARDEN.P.C. Y aeNTNAL STPMK► ARMOVUR.MMS.011016 7=Y 4617)410,04" J:. d` r 1 1 y footage of 'the interior of the living spaces of the units are in excess of 850 square feet . 5. Our application for the special permit included the pro- posed master deed and plans to be recorded therewith, includ- ing floor plans , at least one elevation for each building being converted to dwelling units, and a site plan for the parcel locating at least each building roadways and driveways, parking, recreation facilities, utiliites and accessory facilities and structures; the proposed by-laws, a sample unit deed, a locus plan showing the parcel of all land immediately adjacent to it including nearby buildings and structures. 6 . The locus has met the requirements set forth in section 13. 2 of the North Andover By-Laws and our application complied with the requirements of 13.3 of said by-laws. 7. The planning Board received comments and recommendations from the Highway Surveyor, Conservation Commission, Fire Department, Board of Health, Board of Public Health prior to reaching their decision. Signed under pains and penalties of perjury this day of April , 1983. au Owers LAW OFFICES OF REGINALO L MAROEN.P.C. Y CRKTR"RTRMT AMCOVNR. MA11.018tO Tity NIT)I70.04" COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. : SUPERIOR COURT No. 83-844 MOTION OF THE DEFENDANT RICHARD A. LENO HARDTCOURT MANOR REALTY Plain-tiff TRUST FOR SUMMARY JUDGMENT VS . TOWN OF NORTH ANDOVER e en ant The Defendant Hardtcourt Manor Realty Trust moves, pursuan to MRCP 56 for Summary Judgment In Support of this Motion the Defendant states : 1 . That there is no material fact in dispute and that as a matter of law the Defendant is '-entitled to summary judgment as the board of appeals did not exceed its authority in granting to the Defendant a special permit. 2 . That it relies upon the following in support of this Motion: a. Affidavit of Paul Powers b. Affidavit of Mark B. Johnson which has attached to it the relevant portions of the zoning by-laws , Town of North Andover c. Brief Hardtcourt Manor Realty Trust by its attorney LAW OFFICES OF Reginald L. Marden REGINALD L MARDEN.P.C. Y CRNTRAL STRUT AM VNR.MAS{. 011610 TRN p/71 470.0477 J COMMONWEALTH OF MASSACHUSETTS ESSEX, SS . : SUPERIOR COURT No. 83-844 RICHARDA LEVO Plaintiff AFFIDAVIT OF MARK B. JOHNSON IN SUPPORT OF VS . DEFENDANT HARDTCOURT MANOR REALTY TRUST' S TOWN OF NORTH ANODVER MOTION OF SUMMARY Defendant JUDGMENT I , Mark B. Johnson, having been duly sworn depose and state that I have personal knowledge of the following: 1 . I am co-counsel for the Defendant Hardtcourt Manor Realty Trust in this action and am admitted to practice law in the Commonwealth of Massachusetts . 2 . Attached as Exhibit "A" is a copy of pages 51 , 52, 53 of "The Zoning By-Law, Town of North Andover, Massachusetts", including the Amendments to said pages . It contains section 10. 31 Conditions for Approval of Special Permit. 3 . Attached as Exhibit "B" is a copy of pages 26, 27 and 28 of the "Articles of the Warrant for the Annual Town Meeting, Town of North Andover". Said pages contain, Article 85 which provides "to see if the town will vote to amend its Zoning By-Law by adding a new section #13. S,ection 13 is entitled "Large Estate Condominium Conversion" is set forth below Article 13. LAW OFFICES OF 4. Attached as . Exhibit "C" is an attested copy of the minutes REGINALD L MARDEN.P.C. Rs CRNrRAL srRRRr AND VXR,NARK.O181O rtu W17)4704477 h of the Annual Town Meeting, Town of North Andover, April 24 , 1982 in which Article 85 was unanimously adopted. 5. Attached as Exhibit "D" is an attested copy of the planning boards decision on the defendant Hardtcourt Manor Realty Trust ' s application for a special permit. Signed under pains and penalties of perjury this day of April , 1983. Mark B. Johnson LAW OFFICES OF REGINALD L MARDEN,P.C. b CUMMAL STORWT AMDOYee.MMS. 01010 Tec. (0171 470.0477 Y • h {t f ,E F P Ec f ' O�GC Town of North Andover, Massachusetts 1972 Reprinted January,1979 pORTry ottt�a.DLS (y,yKM WIL�� ran sdICMUS t� i 3 ` PLANJ BOARD WILLIAM N.SALEMME,Chairman JOHN J. MONTEIRO,Vlp-Chalrman JOYCE A. DITORE,Clark WILLIAM CHEPULIS MICHAEL P. ROBERTS --- - - - - - --- -------- - - ---- - -- ----- - - - ---- - ----- - - ------- The length of terms of the members of the Board that the term of one member a of dppeals shall be such spires each Y removed f Appeals may be year. A member of the Board of or cause by the Board charges have been made and a public hearing haof Selectmen only after written s been held. Vacancies caused by dismissal, resignation, death or be filled in the same manner as Zoning Board of Appeaany other cause, shall ls members are appointed. 10.22 Powers of the Board of A eals The Board of Appeals shall have the following powers: 1) To hear and decide actions and appeals as provided herein; 2) To hear and decide applications for appropriate special permits and variances which the Board of Appeafe is required to act upon under this By—Law. 10. 1 Conditions for Approval of Special Permit 1) The Special Permit Granting Authority shall not approve any such application for a Special Permit unless it finds that in its all the follows conditions Judgment ng itions ar e met. a) The specific site is an appropirate location for such a use, structure or condition, b) The use as developed will not adversely affect the neighborhood; c) There will be no nuisance or serious hazard to vehicles or pedestrians; d) Adequate and appropriate facilities will be provided for the proper operation.of the proposed use; e) The Special Permit granting Authority shall 'not grant any Special Permit unless they make a specific finding that the use is in harmony with the general purpose and intent of this By—Law. 2) In approving a Special Permit, the MY attach such conditions and safeguards Permit granting Authority guards u are deemed necessary to protect the neighborhood such as, but not limited to, the following; a) Requirements of front, side or rear yards greater than the minimum required by this By—Law; b) Requirements of screening parking areas or other parts of the premises from adjoining premises or from the street, by wails, fences, planting, or other devices as specified by the special Permit granting Authority; o) Kodification of the exterior features or appearances of the btruoture; d) Limitation of size, number of occupants, method or time of operation, or extent of facilities; e) Regulation of number, design, and location of access drives or other traffic features. 3)I special permit granted under the provisions contained herein shall be deemed to have lapsed after a two-roar period from thou date on which the special permit was granted unless substantial use or construction has commenced. If the applicant can show good cause why substantial use or construction has not commenced within the two-year period, the Special Permit Granting Authority, as its desoretion may extend the special permit for an additional one year period. Included within the two-year period stated above, is the time required to pursue or wait the determina- tion of an appeal from the provisions of this -Law. 4) The Special Permit Granting Authority ,may, within the guidelines for special permits contained herein, allow accessory uses whether located on the same lot as the principal use or not, wherever necessary in connection with scientific research, scientific development or related Production provided that the Special Permit Granting Authority finds that the proposed accessory use does not substantially derogate from the public good. g) Within ninety (90) days following the date of the public hearing, the Special Permit Granting Authority shall take final action in the matter in order to issue any special permit provided for in this ?+oning $y-Law, there shall be at least four of the five members of the granting authority voting in favor of issuing the special permit. 6) A special permit granted under the provisions of this By-Law shall not take effect until% a) the Town Clerk certifies on a copy of the decision that twenty (20) days have elapsed without filing of an appeal or that ary appeal filed has been dismissed or denied; b) the certified decision has been recorded at the owners expense in the Essex County Registry of Deeds, indexed in the grant or fades under the name of the record owner, and noted on the owners oertifiaate of title; o) if the special permit involves registered property, the decision, at the owners expense, shall also be filed with recorder of the Land court. 7) The Special Permit Granting Authority shall cause to be made a detailed record of its proceedings indicating the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and setting forth clearly the reason or reasons for its decision of its official notions copies of all which shall be filed within fourteen (14) dws in the offioe of the Town Clerk and shall be a public record. Notice of the decision shall be mailed forthwith to the petitioner or applicant, to the parties in Interest designated herein, and to every person present at the hearing who -Sg- ti requested that notice was to be sent. Each notice shall specify that appeals, if any, shall be made pursuant as to Section 17 of Chapter 40A and shall be filed within twenty (20) days after the date of filing of such notice in the office of the Town Clerk. The decision shall also contain the names and addresses of the owner and identification of the j land and/or structures affected (if a variance complies with the statut— cry requirements for issuing variance), Certified copies of the deci— sion shall be filed with the appropriate Special Permit Granting Authority and the Town Clark, 10.32 Temporary Permit The Board of Appeals may grant a temporary special permit for use or occupancy Permit for a period of not more than one year at a time, subject to a single renewal. Such permits shall be subject to conditions imposed by the Board related to safeguarding the character of the district affected and shall be processed in accordance with the procedures provided herein for the granting of Special Permits. 10.4 Variances and Appeals The Zoning Board of Appeals shall have the power upon appeal to grant variances Prom the terms of this Zoning By—Law where the Board finds that owing to z circumstances relating to soil conditions, slope, or topography of the land or structures and especially affecting such land or structures but not affect— ing generally the zoning district in general, a literal enforcement of the provisions of this By-Law will involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullify— ing or substantially derogating from the intent or purpose of this By—Law. Additionally, an appeal may be taken to the Zoning Board of Appeals as provided herein by a person aggrieved by reason of his inability to obtain a permit or enforcement action from the Building Inspector, by the Merrimack Valley Planning Commission, or by any person including an officer or Board of the Town of North Andover, or an abutting city or town, aggrieved by any order or decision of the Building Inspector or other administrative officials in violation of any provi— sions of this By—Law. Any petition for an appeal above, must be taken within thirty (30) days of the date of the order or decision that is being appealed by filing a notice of appeal, specifying the grounds thereof with the Town Clerk, who Shall forthwith transmit copies of the; appeal to such officer or board, whose order or decision is being appealed, and to the Zoning Board of Appeals. Such officer or Board shall forthwith transmit to the Zmin&Board of Appeals all documents and paper constituting the records of the case in which the appeal is taken. 1) No petition for a variance or appeal shall be granted until a public hearing is held on the matter by the Zoning Board of Appeals within sixty —five (65) days after the Zoning Board of Appeals receives the petition from the Tows Clerk. -53- -- ADD TO PAGE 51 OF 197f MINING BY-LAW: 10.3 SPBOIAL PM MIT The Special Permit Granting Authority shall adopt rules and regulations for the conduct of its business relative to the issuance of special permits. A copy of these rules and regulations shall be filed with the Town Clerk. The rules and regulations shall contain, as a minimum, a description of the size, form, contents, style and number of copies and number of plans and specifications to be submitted and the procedures for submission and approval of special permits. The Special Permit Granting Authority may grant a Special Permit within the framework of this By-Law only after holding a public hearing which must be held within sixty-five (65) days after the applicant files for such Special Permit. The sixty-five (65) day period shall be deemed to have begun with the filing of the application with the Special Permit Granting Authority. The applicant is responsible for transmitting a copy of the application for a Special Permit within twenty-four (24) hours of the filing of the application with the Planning Board or the Board.of Selectmen to the Town Clerk. If an application for a Special Permit is to be filed with the Board of Appeals, the applicant shall file the application with the Town Clerk, who shall transmit the appli- cation to the Board of Appeals within twenty-four`(24) hours. a �I Setback Requirements insofar as the PUD abuts a residential district, all proposed structures and facilities j within the PUD shall be set back not less than 23 feet from adjacent property lines by means of a buffer, fencing, setbacks, or appropriate landscaping. 12.7 Relation to Subdivision Control Act Approval of a Special Permit hereunder shall not substitute for compliance with the Subdivision Coatrol Act, nor oblige the Planning Board to approve any related definitive pian for subdivision,nor reduce any time periods for board consideration under that law. However, in order to facilitate processing, the Planning Board may insofar as practical under existing law,adopt regulations establishing procedures for submission of a combined plan and application which shalt satisfy this section and the board's regulations under the Subdivision Control Act. Petition of the North Andover Planning Board ARTICLE 83: to see if the Town will vote to amend its Zoning By Law,Section 2 No recommendation. definitions,by adding to Paragraph 2,65,Special Permit Granting Authority,the following words after the phrase, "Watershed District",and large estage condominium conversion and amend its Zoning By Law, Section 2 DEFINITIONS, by deleting Paragraph 2.75, driveways, the following words after the phrase, "except by Special Permit",and by ad- ding the phrase,except as allowed by Special Permit granted by the Planning Board. Petition of the Planning Board ARTICLE 84:To see if the Town will vote to amend its Zoning By Law by adding the No recommendation. following to Section 2: 2.76 Planned Development District 1. Planned Unit Development(PUD) A planned unit development shall mean development of an area of lantl as single entity, in which a mixture of residential, open space, commercial,and/or in- dustrial uses,and a variety of building types and designs,are determined to be sufficiently advantageous to render it appropriate to grant a Special Permit to depart from the normal requirements of the district in which the PUD is to be located, to the extent authorized by this Zoning By Law. i 2. Usable Open Space The part or parts of land or structure within a PUD which are reserved for active or passive recreation use.This space shall exclude parking areas,driveways,and i walkways and open areas in commercial areas such a cafes and shall be open and unobstructed to the sky. Tress,plantings,arbors,fetters, sculpture,fountains, swimming pools,open-air recreational facilities,Laundry apparatus and similar objects shall not be considered obstructions. Petition of the Planning Board ARTICLE 85.To see if the Town will vote to amend its Zoning By Law by adding a No reeornraandation. new section #13 to read as follows: w Section 13 LARGE ESTATE CONDOMINIUM CONVERSION 13.1 Purpose The purpose of this subsection is to permit existing dwellings on large tracts of land in Residence Districts 1.2.and 3 to be converted to single family condominium dwelling units compatible with such Residence Districts,to create new housing involving relatively little new construction, to generate tax revenue to the Town,to preserve existing buildings,to preserve the residential character of the Town and to preserve open space in the Town. In order to provide for development that is compatible with Residence Districts 1,2,and 3, which districts are primarily for single family residences,the conversions to dwelling units under this subsection are to condominium dwelling units,which can be separately owned. and are therefore a type of development similar in character to other development in such districts. 13.2 Requirements Properties meeting the following requltements shall be eligibIc fm a coridominium conversion Special Permit: 1. Parcels with one o mom wduingbuikhags in a Residence I.2 orS Distrkt of sol Wig than 10 acres and with am less than ISO feet of frontage on a public way. 2. Any dwelling located on it lot of record as of April 24, 1982 may be converted to condominium dwelling units.Said Lot of record shall not be reduced in area but may be increased in area by the addition of abutting land. 3. The total number of dwelling units that can be created under a condominium conversion Special Permit shall not exceed (n-2) where "n" is the number or acres in'the parcel 4. Each condominium dwelling unit shall be an independent dwelling unit intended for use by a single family, with its own bath and toilet facilities and its own kit- chen.The average square footage of the interior living space of the units shall be not less than 850 square feet. 5. A building(including both buildings converted to condominium dwelling units- and other buildings not converted to condominium dwelling units)shall not be externally enlarged except with the approval of the Planning Board, and in no event shall such enlargement add to any one building more floor area than a number equal to 51/0 of the above grade floor area of such building,the floor area of porches and decks to be included in the calculations of floor area. 6. No new building for dwelling purposes may be built on the parcel. New struc- tures may be built pursuant to paragraph 8(b)below. 7. There shall be at least one off-street automobile parking space for each con- dominium dwelling unit. 8. For the purposes of this subsection,"open space"shall mean all of the land on the parcel except that land occupied by buildings to be converted to eon- dominiuln dwelling units or land to be used for parking purposes.To insure the preservation of open space,the following requirements shalt be met: (a) Open space may be used for the following purposes: flower gardens, gardens, landscaping, required parking, roadways and driveways reasonably necessary for the development,underground utilities,recreation not requiring any facility or structure,and land left in its natural state.The open space may be used for other purposes as allowed in the Residence District if approved by the Planning Board. (b) On open (and all facilities and structures for accessory purposes(such as swimming pools, tennis courts, garages, carports, parking aVas, lamp posts,small sheds for tools or sports equipment,fences,including the kind enclosing a tennis court or swimming pool, bath houses, and other ac- cessory structures for accessory purposes)shall be subject to the approval of the Planning Board as to their number,design,locations,uses and sizes provided, however, that all such facilities and structures,including road- ways and driveways, shall not involve the use of more than 20% or all of the open land on the parcel. (c) All new utilities,including wiring for lights or open space,paths and drive- ways,shall be placed underground. 13.3 Contents of Application An application for a condominium conversion Special Permit shall include the following: 1. Proposed Master Deed and proposed plans to be recorded therewith,including floor plans,at least one elevation for each building being converted to dwelling units,and a site plan for the parcel locating at least each building,roadways,and driveways, parking, recreation facilities, utilities, and accessory facilities and structures. 2. Proposed by Laws. 3. A sample proposed Unit Deed. 4. A locus plan showing the parcel and all land immediately adjacent'thereto,in- c)udirig nearby buildings and structures. 5. Such other plans,photographs,models or elevations as the Planning Board shall reasonably deem necessary or appropriate to help understand the proposal 13.4 Change in Application After a condominium conversion Special Permit has been granted,any change in the location or use of a building,any enlargement of a building,any material exterior restora- tion, any material change in the use of the open space, or in the facilities or structures thereon, shall not be permitted except upon an amendment to the Special Permit which shall be upon petition to the Planning Board and after a public hearing(with the provisions of paragraph 13.5 applying)and upon a finding by the Planning Board that the proposed change or changes do not substantially derogate from the intent and purpose of this subw- lion. 27 13.5 Review by the Planalns Board Prior to recording,a Special Permit granted under this section shall be subject to the review by the Planning Board of the final plans,and of the Master Deed,and plans to be recorded therewith, and By Laws, as they are to be initially recorded,which final plans. Master Deed,plans and By Laws shall be substantially the same as those approved with the Special Permit in all respects material to considerations relevant to the Special Permit,in which case the Chairman of the Planning Board shall endorse copies of such final plans and such Master Deed,plans and By Laws as having received final review and approval under this subsection, which endorsement shall be conclusive evidence thereof. Any amendment to the Master Deed,and plans recorded therewith,and By Laws related to an amendment to the Special Permit shall be endorsed by the Chairman of the Planning Board as provided herein for such documents as initially recorded. Petition by the North Andover Planning Board ARTICLE 86. To see if the Town will vote to amend its Zoning By Law by adding a No recommendation. new section Nl 1 to read as follows: Section 11 RESIDENTIAL CLUSTER DEVELOPMENT DISTRICT 11.1 Jurisdiction The Planning Board may grant a Special Permit for cluster development in the Residential 2 and Residential 3 Districts upon the following terms and conditions set forth in this section. 11.2 Purposes 1. Promoting the more efficient use of land in harmony with its natural features. 2, Encouraging the preservation of valuable open space. 3. Promoting diverse and energy-efficient housing at a variety of costs. 4. Protecting water bodies and supplies,wetlands,flood-plains,agricultural lands, wildlife,and other natural resources. 5. Promoting aesthetics and other amenities. 6. Promoting all purposes set out in General Laws Chapter 40A and this Zoning By Law. 11.3 Regulations The Board shall adopt Regulations for carrying out its duties under this section. 11.4 Procedures 1. Filing an Application Each application for a Special Permit to cluster shall be filed with the Planning Board, with a copy filed forthwith with the Town Clerk, and shall be accom- panied by 12 Copies of the application signed by the owner with preliminary plans of the entire tract under consideration, prepared by a Professional Architect, Engineer,or Registered Land Surveyor. 2. Contents of Application Said applications and plans shall be prepared in accordance with requirements for a preliminary subdivision plan in the Rules and Regulations of the Planning Board governing subdivision of land,whether or not the development constitutes a subdivision,and shall include proposed location,bulk and height of all propos- ed buildings.In addition,the applicant shall provide the following information: a) The number of dwellings which may be constructed under this by-law,(hall be computed by dividing 90% of the total land area of the tract for the minimum lot area specified by existing zoning requirements. Total land area shall be exclusive of waterbodies and land prohibited from develop- ment by legally enforceable restrictions,easements,or covenants. b) An analysis of the site, including wetlands, slopes, soil conditions,areas within the 100•year flood,trees over six inches dbh and such other natural features as the Planning Board may request. c) An analysis of the environmental concerns relating to the proposed plan in- cluding but not limited to impact on water quality and quantity. d) A description of the neighborhood in which the tract lies,including utilities and cRlw public facilities, and an analysis of the impact or the proposed plan,upon them. e) Evaluation of the open land proposed within the duster, with respect to sift,shape,location,natural resource value,and atxasibility by residents of the,town or of the duster. SPECIAL TOWN MEETING 4� ... --•-•APRIL-,24o 1982..-11-15• P M-.- �_... ARTICLE 1. It was voted unanimous to appropriate the sum of $115. 000 from free cash to thr Reserve Pund ARTICLE 2. It was voted unanimous to transfer the sum of $1807 from the current appropriation for Highway-General Maintenance Expenses for the purpose of compensating the estate of David Kane for services rendered in a prior fiscal year. ARTICLE 3. Article withdrawn by unanimous vote. Special Town Meeting adjourned at 1:25 P ,M. ANNUAL TOWN MEETING APRIL 24, 1982 Meeting opened at 1:30 P .M by Moderator Don Smith,Rev. Schw= said the invocation. Moderator led meeting in Pledge of Allegieneq , Kathleen and Tom Long runners with the mikes. Meeting opened with qurom present and with a total of 333 voters during the afternoon. ARTICLE 1. Acted upon at Annual Town Election on March 1, 1982 ARTICLE 2. Voted to refer to Selectmen to elect Town Officers not required by law to be elected by ballot. ARTICLE 3, Voted to accept the report, Z ARTICLE 4. Voted to fix the following saleries of the elected officials effective July 1, 1982, Board of Selectmen Licensing Commission each per annum $2000, Chairman of the Board of Selectmen $300 Board of Assessors each per annum $3000 Chairman of the Board of Assessors $1000 The present Chairman of the Board of Assessors provided that he devotes all of his working hours to the performance of his duties as Assessor $14, 167. Board of Health each per annum $600 Board of Public Works each per annum $600, Town Treasurer $26, 744, Highway Surveyor $24.953. Tree Warden $3,854 Moderatoe A.TM $100 S.T.M. $50 Town Clerk $1,7090. i ARTICLE5. Voted unanimous to adopt as amended, Items 7, 14, 209 21. 329 34 43 46,48, 53, See page 42 for Budget. ATTRST: A Troo Copy Town Clerk ARTICLE 6. Voted.-unanimous to.-authorize--the Treasurer,...with-the-- S approval of the Selectmen, to borrow in anticipation of the revenue for the next fiscal year, all as provided by. Chapter 44 of the General Laws. ARTICLE '7. Voted unanimous to consider the reports of all Special Committees. ARTICLE 8. Voted unanimous to adopt the article. ARTICLE '9. Voted unanimous to appropriat the sum of $10,064 for the use of Stevens Memorial Library which the Town has received from the State under provisions of Chap-78 Section 19A of the G.L. ARTICLE 10 Voted unanimous to adopt the article. ARTICLE 11 Voted to amend Personnel By-Law Schedule A.By adding position Parking & Civil Service Clerk at a Grade of S-6 and raise and appropriate the sum of $312 for this article. ARTICLE 12 Voted to adopt the article. ARTICLE 13 Voted unanimouse to adopt the article. ARTICLE 14 Voted unanimouse to adopt the article Amend General By-Laws. adding new section 6.7 Local fees and Charges. ARTICLE 15 Voted to adopt the article . ARTICLE 16 Voted unanimous to adopt the article. ARTICLE 17 Voted unanimous to adopt the article ARTICLE 18 Voted to reject the article. YES 126 NO 240 ARTICLE 19 Voted to withdraw the article. ARTICLE 20 Voted to withdraw the article. ARTICLE 21 Voted to raise and appropriate the . sum of $10.000 for the purpose of personnel consulting services including independent survey of the salaries and classification of all. Administrative Employee Library personnel and elected officials and this money to be expended under the direction of the Personnel Board. ARTICLE 22 Voted to withdraw the article . ARTICLE 23 Voted unanimous to raise and appropriate the sum of $40,582 for the purpose of amending Schedule B. included in Section 7 of its Personnel ByOLaw by increasing all of the salary rates listed therin by 8% excluding however the compensation of those Town Employees whose renumeration is to be establish by the collective bargaining process . ARTICLE 24 Voted unanimous to raise and appropriate the sum of $3,247 for the purpose of amending Section 8 Personnel By-Law. (Part time clerical help) ARTICLE 25 Voted unanimous to raise and appropriate the sum of $2,812 ARTICLE 26 Voted unanimous to raise and appropriate the sum of $5, 130 for personnel By-Law increas . Miscellaneous Schedule (Reserve Patrolmen, School crossing guards . Supervisor, Asst Supervisor (Bathing beach) Lifeguard-Bathouse attendant and Mini bus operator for the elderly. ARTICLE 27 VOTED unanimous to adopt the article. ARTICLE 28 Voted unanimous to adopt the article. ARTICLE 29 Voted unanimous to raise and appropriate the sum of $500 for Personnel By-Law increase . (Gas Inspector) ARTICLE 30 Voted unanimous to adopt the article. ARTICLE 31. Voted to withdraw the article. ARTICLE 32 Voted to withdraw the article. ARTICLE 33 Voted to adopt the article . ARTICLE 34 Voted to raise and appropriate the sum of $187,317 for the purpose of implementing collective bargaining YES 204 NO 126 ARTICLE 36 Voted unanimous to adopt the article with the amendment that the five(5) Town residents be Non-Town employees. ARTICLE 35 Voted to raise and appropriate the sum of $5000ffor Personnel By-Law by adding the position of Building Maintenance Craftsman ARTICLE 37 Voted unanimous to raise and appropriate the sum of $20,000 for the purpose of improvements in electrical system in the Town Building. ARTICLE 38 Voted unanimous to raise and appropriate the sum of $5,000 for the purpose of purchasing office equipment and furniture for the Town Building. ARTICLY 39 Voted unanimous to raise and appropriate the sum of $36,000 for the purpose of purchasing four(4) new police cars. ARTICLE 40 Voted unanimous to raise and appropriate the sum of $28, 000 for the purpose of hiring two(2) new policemen. ARTICLE 41 Voted unanimous to adopt the article as amended,by adding to - the General By-Laws the following "Section 8.4 Soliciting. 1. No person,group or organization shall be allowed to solicit or canvass in the Town of North Andover, without first registering at the North Andover Police Station. (Continue Page 44) • . r.�r. 4 M.n gn moi./ �q./r .4, ,ARTICLE 73, Voted unanimous to raise•and 4appropriate the sum of $2.500 J for the purpose of inatelling and repair#ng-el8ewalks-4n Town ARTICLE 74. Votec unanimous to raise and appropriate the sum of $1 . 000 for the purpose of makinf and replacing street signs in Town ARTICLE 75 Voted unanimous to raise and appropriate the sum of $2.000 for the purpose of erecting and replacing guard rails in Town ARTICLE, 76 Voted unanimous to raise and appropriate the sum of $1,000 for the purpose of replacing catch basn (rams and gates in Town ARTICLE 77 Voted unanimous to raise and appropriate the sum of $1,000 for the purpose of replacing and erecting new regulatory signs in Town. ARTICLE 78 Voted unanimous to raise and appropriate the sum or $18,000 for the purpose of having the 1969 Austin-Western grader reconditioned. ARTICLE 79 Voted unanimous to adopt the article with following changes. Sect°.l Line 5 Between alter & bank change and to any Sectl Line 18 correct dicretion to discretion Sect 7 Line 3 correct asministrative to administrative ARTICLE 80Voted unanimous to adopt the artiule_ ARTICLE 81 Voted unanimous to adopt the article. ARTICLE 82 Voted to adopt the article with the following amendments That the last sentence in Sect. 12 Paragraph 12. 1 which begins with This property is to be used' be deleted. That throughout the article the words 'Planned Unit Development' be changed to 'Planned Development District ' and the letters 'PUD' be changed to '.PDD' . YES 197 NO 9 ARTICLE 83 Voted unanimous to adopt the article. ARTICLE 84 Voted to adopt the article With the following amendments "That the word 'Planned Unit Development' be changed to 'Planned Development District and the letters 'PUD' be changed to 'PDD' and in Section 2176 Par. l after the word 'entity' the following words be added 'which lies in an I-S District ' " Voted YES 181 N0 6 ARTICLE 85 Voted unanimous to adopt the article. ARTICLE 86 Voted to reject the artilce. Voted YES 61 NO 140 ARTICLE 87 Voted to withdraw the article. ARTICLE 88 Voted to adopt the article . Voted YES 171 NO 2 ARTICLE 89 Voted to adopt the article Voted YES 121 NO 59 ARTICLE 90 Voted to withdraw the article. ARTICLE 91 Voted to reject the article Voted YES 68 N092 ARTICLE 92 Voted to reject the article Voted YES 46 NO 144 ARTICLE 93 Voted to adopt the article Voted YES 128 NO 31 ARTICLE 94 Voted to reject the article Voted YES 88 NO 109 ARTICLE 95 Voted unanimous to adopt the article with the following added at the and of the paragraph 'a distance of 340 feet easterly to Bacon Ave. ARTICLE 96 Voted unanimous to appropriate the sum of $350,000 from Revenue Sharing Funds for the purpose of reducing funds raised for the following budgets . 1. Five Dept. Saleries. . . . . . . . . . . . .$1859000 2. Police Dept. Saleries . . . . . . . . . . .$$165,000 ARTICLE 07 Voted unanimous to raise and appropriate the sum of $139.00 to the Reserve Fund as provided by Section 6 of Chapter 40 of the General Laws. ARTICLE Voted unanimous to raise and appropriate the sum of$450,000 98 from Available Funds for the purpose of reducing the tax rate. Saturday April 24, 1982 333 Voters inattendence Monday April 26 1982 490 " It it Tuesday April 2$ 1982 236 " it it Meeting adjourned at 10:45 P .M. Tue da iApril 27 rlATTEST: A TRUE COPY AIIIEL L0 qCLSC Any appeal shall be filed P.i MUM HIH within (20) days after the DA ;_ , _ date of filing of this Notice OWN OF NORTH ANDOVER in the Office of the Town HO`' OVER MASSACHUSETTS Clerk, -- MAR 16 9 58 AM '83 MORTry F Of .>,•,yOOD � r March 14 , 1983 Mr, Daniel Long , Town Clerk Town Office Building North Andover , Mass . 01845 Re : Hardtcourt Manor Realty Trust Special Permit - Large 2 Punchard Avenue Estate Condominium Con- Andover , Mass . 01810 Version- Great Pond Rd . Dear Mr . Long : The North Andover Planning" Board held a public hearing on Monday evening , December 20 , 1982 in the Town Office Meeting Room upon the application of Hardtcourt Manor Realty Trust . The hearing was advertised in the North Andover Citizen on November 24 and December 2 , 1982 and all abutters were notified by certified mail . The following members were present and voting : Paul A . Hedstrom , Chairman ; Michael P . Roberts , Vice Chairman ; Walter . R . McDonough , Clerk ; John J . Burke ; and Erich W. Nitzsche . The petitioner seeks a Special Permit under Section 13 of the Zoning By Law so as to permit the conversion of existing b_uildi.ngs _ into twenty four (24) condominium units on the premises located on the South side of Great Pond Road and known as 1518 Great Pond Road . The site affected is located in the R-2 zoning district , with an area of 26 . 5 acres and 150 feet of frontage . The proposed con- version provides twelve (12) units in the original house (estate) , ten ( 10) units in Campion Hall , and two ( 2) units in the guest house . The smallest unit will be 970 square feet and the largest will be 1 ,950 square feet . There will be minimal exterior work done to the facade . At the public hearing one of the major concerns of the proposed project was the installation of the subsurface disposal system. j 80th abutters and town boards and departments openly discussed the ! potential negative long term impacts of the proposed septic system on the town ' s water supply ; Lake Cochechewick . RE TC'a`i + _EE4K Hardtcourt Manor Realty Trust NO RTF : . '',VER Special Permit - Large Estate Condominium Conversion 1518 Great Pond Road MAR 16 9 58 AM X63 March 14 , 1983 Page 2 The following members were present and voting at the meeting of March 8 , 1983 when the Board rendered its decision : Paul A . Hedstrom, Chairman ; Michael P . Roberts , Vice Chairman ; Walter R . McDonough , Clerk ; John J . Burke ; and Erich W . Nitzsche . Upon a motion made by Mr . Burke and seconded by Mr. Nitzsche , the Board voted unanimously to grant the Special Permit subject to the following conditions : 1. Only the proposed work shown on Plan entitled "Hardtcourt Manor" by Vitol Associates , Architects , Planners , 1230 Statler Street , Boston , dated October 14 , 1982 , is allowed under this Special Permit for conversion of a large estate into twenty four (24) condominium units . 2. Following the completion of the proposed work , prior to recording with the North Essex Registry of Deeds , the final plans , dimensioning units and buildings , Master Deed , By Laws , and any other associated pians shall be reviewed by the Planning Board and endorsed by the Chairman for final re- view phase and approval . 3. All drainage plans are subject to review and approval by the Planning Board and the Highway Surveyor prior to any construction . 4. Included in the final plans will be the complete draiange design . Run off calculations due to increased areas of pavement and soil disturbance shall -be required of the applicant . 5. Erosion and sedimentation control measures shall be re- quired if determined necessary by the Planning Board . 6 . According to the Conservation Commission ' s letter dated December 7 . 1982: a ) A Notice of Intent shall be filed with the North Andover Conservation Commission pursuant to M .G . L . Ch . 131 . Section 40 , Wetland ' s Protection Act , and the North Andover Wetland By Law, Section 3.5 A &. B . The Notice will encompass any work within 100 feet or adjacent to wetland . floodplain , or tributary thereof. 7. According to the Fire Department 's letter dated December 13 , 1982 : a) Two (2) new fire hydrants shall be installed and shall be on a looped system from Bonny Lane . b) An access road shall be required to the rear of the RE`:C Hardtcourt Manor Realty Trust 1I0H;1; Special Permit - Large Estate Condominium Conversion 1518 Great Pond Road MAR 16 9 3B Am March I4 , 1983 Page 3 estate for emergency use . c) An automatic fire alarm system shall be installed in accordance with M . G. L . Ch . 148, Section 26 B . d) Method of heating and type of system shall be specified Prior to renovation . e) All of the above conditions (7 a , b , c , and d ) shall be included in the plans . 8. In accordance with the Highway Surveyor ' s letter dated De- cember 20 , 1982: a ) Road maintenance and other town services under the jur- isdiction of the Highway Department , with the exception of drainage from the site , are exempt since it is strictly a private development . 9 . In accordance with- the Board of Public Works letters dated November 29 , 1982 and January 13, 1983, the applicant shall tie into the public sewer proposed from Great Pond Road . 10. In accordance with the Board of Health ' s letters dated De- cember 13 , 1982 and January 17 , 1983 , the Board requires sewer installation to best service the development. 11 . New water mains shall be installed to the specification of the Board of Public Works as required , subject to approval by the Planning Board 12 . Said development shall fully comply and be governed by Section 13 of the North Andover Zoning By Law. In granting the Special Permit , the Planning Board finds , pursuant to Section 10 . 31 of the Zoning By Law , that : a) The specific site , 1518 Great Pond Road, is an .appropriate lo- cation for such a use ; b) The use , condominium conversion , as developed will not adversely affect the surrounding neighborhood ; t ) There will be no nuisance or serious hazard to vehicles or pedestrians as a result of this development; d) Adequate and appropriate facilities will be provided for the proper operation of the -proposed use ; and RE^ ;r0 Hardtcourt Manor Realty Trust Special Permit - Large Estate Condominium Conv s'ao.n ;`� K 1518 Great Pond Road ' `' �:.L"VER March 14 , 1983 Page 4 MAR 9 58 AN #83 e ) The use is in harmony with the general purpose and intent of the Zoning By Law. Sincerely , PLANNING BOARD Paul A. Hedstrom, Chairman PAN/jw cc Highway Surveyor Board of Public Works Board of Health Conservation Commission Fire Chief Building Inspector Parties in Interest Applicant ATTEST: A True Copy Town Clerk 'i COMMONWEALTH OF MASSACHUSETTS � + ESSEX, SS: SUPERIOR COURT NO. 83-844 RICHARD A. LENO FlaintitF NOTICE OF vs APPEARANCE TOWN OF NORTH ANDOVER e en ant Please enter my appearance as attorney for the Defendant, Hardcourt Manor Realty Trust, in the above action. Reginald Marden Law Offices Of Reginald L. Marden, P.C. 23 Central Street Andover, Massachusetts 01810 Telephone: 470-0477 Dated: April 8, 1983 LAW OFFICES OF REGINALD L MARDEN. P.G. !!CENTRAL VTREET OVER. MASS. 01410 TELL (417)470.D477 4 _ 'I i CERTIFICATE OF SERVICE I , Reginald L. Marden,. do hereby certify that I have mailed � a copy of the foregoing, postage prepaid, Notice of Appearance of Reginald L. Marden as attorney for the Defendant , Hardtcourt Manor Realty Trust , Motion of the Defendnat Hardtcourt Manor Realty Trust for Summary Judgment, Affidavit of Mark B. Johnson in Support of Defendant, Hardtcourt Manor Realty Trusts ' s Motion for Summary Judgment, Affidavit of Paul Powers in Support of Defendant Hardtcourt Realty Trust , Mostion for Summary Judgment , to: Clerk, Town of North Andover, Town Hall , North Andover, Massachusetts and to Domenic J . Scalise, Esq. , 89 Main Street, North Andover, Massachusetts 01845. Reginald Marden Law Offices Of Reginald L. Marden, P. C. 23 Central Street Andover, Massachusetts 01810 Telephone: 470-0477 Dated: April 8 , 1983 LAW OFFICES OF REGINALD L. MARDEN.P.C. ES CENTRAL STREET ANDOVER. MASS. 01610 TEL: 4617)470.0477