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Home My WebLink AboutMINICUCCI, DAVID x . - 310 CMR 10.99 Form 2 w+. DEP File No. I ., (to be Utoaand by UCP) - - jaT• Commonwealth C,ry roWnNorth Andover = -;t-= of Massachusetts AUU�conI David Mini dACCi =cc]�m Dale neoue%t Fled Fehrnary 25 7 Q9Z Lot C-1 ($340) Johnson Street 1 Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131 , §40 , From North Andover Conservation Commission IssutrrgAuthority `To David Minicucci Same _. (Name of person making request) (Name of property owner ) Address 340 Jghnson St N AndoverHA Address 01845 This determination is issued and delivered as follows: 0 by hand delivery to person making request on (date) is by certified mail, return receipt requested on 9- 9/ >'�a�d 0�5 �k�C/ (date► ' Pursuant to the authority of G.L C. 131, §40, the North Andover Conservation C01111111SS tUrt _ has considered your request for a Determination of Applicability and its supporting documentation, and has made the following determination(check whichever is applicable): location: Street Address Lot Number: Lot C-1 #340 —"" The area described below,which includes alllpart of the area described in your request, is an Area Subject to Protection Under the Act. Therefore, any removing: Tilling, dredyiny or altering of that area requires the filing of a Notice of Intent. 2, ❑ The work described below,which includes all/part of the work described in your recunr,t, is wilhai an Area Subject to Protection Under the Act and will remove, fill, dredge or alter tha! ,.a ra. l flet e fore,said work requires the tiling o1 a Notice of Intent. j , I�. 9 Effective 11ltp/8 2-1 i 3. D The work described below, which includes allrpart of the work described tit your leuuest, is will"" ' the Butler Zone as defined in the regulations,and will alter an Area Subject to l•tolectlun Under the Act.Therefore,said work requires the filing of a Notice of Intent This Determination is negative: 1. D The area described in your request is not an Area Subject to Protection Under the Act 2.• D The work described in your request is within an Area Subject to Protection Under the Act. but will not remove, fill, dredge,or alter that area. Therefore, said work does not require the Wing of a Notice of Intent, 3. The work described in your request is within the Buffer Zone. as defined in the rerulallurts. but will not alter an Area Subject to Protection Under the Act. Therefore, said work does not require the filing of a Notice of Intent. Erosion controls will be installed and inspected prior to construction. 4. D The area described in your request is Subject to Protection Under the Act, but s"Icl. the work described therein meets the requirements for the following exemptton.as specified it, the Act and the regulations, no Notice of Intent is required- Issued byNorth Andover Conservation Commission Signatures) l �+ This Determination must be signed by a majority of the Conservation Commission. On this: T" ' -day of M� C 19 �'�-- lir torr nlr 1 personalty appeared Ct�t J/�� EACH to fileknuvm to be the person described in, and who executed, the foregoing instrument, and acknowledptrd that he'she executed the same as his/her free act and deed. i • _� Septendrer 9, 19194 otarx Public fvly commission expires This Determination does not relieve the apoicant from complying with a6.olripr arri•cpvlp revprpl stale v 10C.1i CA.'llun•s 0101113nces. t)y-iaws or regulations.This Determination shalt off valid for three years form the oate of Issuance The applicant.the owner.any person aggrieved by this Daterminnhon.any owner of land nbuthnn trip Inn)ilrh..v.nr•.111••r+•w:+'•••1 r:wY is to be done,or any ten residents of the city of town In whtcn such land 1s Idcalpd•air 110901Y notrhov of Orion now In fwnfp't It.,,l iol"'I m.nl nvi nmenl 1 Protection to issue a Superseding Dettirrnmahon of ADDbCnbd)y Dtovidma trip 900""1!mnda n. Cnrnl.p'l maid or lupld IE ro aPo o g delivery to the Department.with the appropriate filinq foo end Fee Transmittal Foran n,p•nv.ded in 310 Chill tri ON," rpn nnv-horn the aate'of Issuance of this Determination.A copy of the request shall at trip 4anie bine hp rant by[01111.6.0 ti.nd or t.pn)m•bvp.y 1n fill- conservation Commission and the applicant. 2.2A Any appeal shall be filed MUM fflfl R�':E1'1ED within (20) days after the TC r' c � a NOF NORTH ANDOVER date of filing of this Notice R MASSACHUSETTS In the Office of the Town AL 13 236 `83 Clerk. No.TX O M t � SS�CXIIs NOTICE OF DECISION 983 Date. . . . . .. July 12 ,. . . . . . . . .. . .1 . . .. . . .. . . 11 Date of Hearing „ July _ . . . 1983 Petition of . . .. . .DAVID J . . . .. .. .. . . . . . . . .. . .. . . . . . . . . M. NI. . .CUCCI. . . . . . . .. .. . . . . . .. . . . . Premises affected , Lo.t..C:1ohnson Stre. . et. . .. .. . . . . . . . . . . . . .. . . . . Referring to the above petition for a special permit from the requirements of the . P.ning By Law , Section 4. 133 (d) . f. ... . . . . . .. . .. . . . . .. . .. .. . . . . . . . . . . . . . . . . so as to permit Ah?. construction .of_ a. .single .family.. woo.d frame._. . . .. . . . . . . . . . . . .. . dwelling .within100feet of atributarytoLake Cochtchewick . . . . . . . . . . . . . . . . . .. . . . . • . . . _.. .. After a public hearing given on the above date, the Planning Board voted Ito . . . Grant the . . Special Permit . . . . . .. . . . . . .. .. . . . . . .. . ... .. . .. . based upon the following conditions: (See attached order of conditions ) Signed Michael. P... _Roberts T. Vi ce . Chairman John J . Burke John A. James , Jr. Erich W . Nitzsche . . . . . . . . .. .PliS ning " Board MUM A M 1 N G 6 Any appeal shall filed within (20) days after the date of filing of this Notice r, f <. TOWN OF NORTH ANDOVER t#ark r" M A S S A C H U S E T T S in the Office of the Town Clerk. 3� Utlt J NOreTN 9 SACMUSt� July 12 , 1983 Mr . Daniel Long , Town Clerk Town Office Building North Andover , Mass . 01845 Re : Lot C-1 Johnson Street - David Minicucci - Special Permit Watershed District Dear Mr . Long : The Planning Board held a public hearing on Monday evening , duly 11 , 1983 in the Town Office Meeting Room upon the appli - cation of David J . Minicucci ( present owners : John , Madelina , Carmine , and Concetta Calzetta ) . The hearing was advertised in the North Andover Citizen on June 16 and 23 , 1983 and all abutters were notified by certified mail . The following mem- hers were present and voting : Michael P. Roberts , Vice Chair- man ; John J . Burke ; John A. James , Jr . , and Erich W . Nitzsche . The petitioner seeks a Special Permit under Section 4 . 133 ( d) of the Zoning By Law so as to permit the construction of a single family , wood frame dwelling within 100 feet of a tribu- tary to Lake Cochichewick . The site affected is known as Lot C- 1 , Johnson Street , located in the R-3 zoning district , with an area consisting of 27 ,178 square feet and 125 .00 feet of frontage . The proposed dwelling will have the following dimensions : 7218" front ; 30' deep ; height la stories , totalling 1816" . Mr . Minicucci testified that he proposes to construct a single family dwelling located within 100 feet of a pond and brook that leads to Lake Cochichewick . The proposed work will not have any significant adverse affect on the pond. The water table is approximately five feet below the slab elevation . The engineer recommends a perimeter drain around the foundation . It will be necessary to go onto the abutting properties of Ogden and Ridge- wood Cemetery Association . It has not been established how the perimeter drain will avoid the wetland area or where it will be located. There will be no cutting of vegetation , therefore , no variance from the Board of Appeals will be required . a RECEIVIF July 12 , 1983 „� Special Permit - David Minicucci - Watershed Distri.clti;l,!, ;r } Lot C-1 Johnson Street NOFI .;iuCVER Page 2 Jut 13 2 37 PM '83 Upon a motion made by Mr. Burke and seconded by Mr. James , the Board voted unanimously to grant the Special Permit subject to the following conditions : 1 . Only the proposed work delineated on the plan entitled "Notice of Intent Site Plan of Land , North Andover , for David Minicucci ” by Kaminski , Gelinas and Associates , Inc. dated July 7 , 1983 is allowed under this Special Permit . 2 . After completion of final lot grading and prior to seeking an occupancy permit , a certified "as built";;plan from a Registered Professional Engineer and/or Registered Land Surveyor shall be submitted to the Planning Board for re- view and approval with this Special Permit . Said certi - fication will state that the "as built" grading and con- struction fully complies to the approved plan with noted revisions . 3. The Conservation Commission ' s Order of Conditions shall be reviewed by the Planning Board to ensure compliance with the Special Permit prior to any construction on Lot C-1 Johnson Street . 4. The proposed dwelling shall be serviced by public water supply from Johnson Street . 5 . The Ridgewood Cemetery Association shall grant the applicant a sewer line easement to be recorded at the Registry of Deeds . 6 . No vegetation, including trees or topsbil , shall be dis - turbed outside of the work limit as shown on the referenced plan as delineated by the proposed contours and Insert A . 7 . A no-cut buffer zone shall exist 25 feet horizontally from the edge of all tributaties in the Watershed District , according to Section 4. 133 (c) of the Zonfpg By Law . 8. A driveway entry permit shall be obtained from the Highway Surveyor. 9 . The proposed. six inch raised elevation by the driveway shall be placed beyond the property line . 10 . Permission to enter property of Ogden shall be noted on the plan . In granting the Special Permit , the Planning Board finds , pursuant to Section 10. 31 of the Zoning By Law that: a) Lot C- 1 Johnson Street is the appropriate location for the construction of a single family residential use ; July 12 , 1983 DAREUYFD Special Permit - David Minicucci - Watershed Disf rfK' ��K Lot C- 1 Johnson Street N0Rin :, jC;VER Page 3 JUL 13 2 37, FN '83 b) The residential use as developed in accordance to North Andover ' s Zoning By Law will not adversely affect the .surrounding neighborhood ; c ) There will be no nuisance or serious hazard to vehicles or pedestrians ; d) Adequate and appropriate facilities , inclusive of the perimeter drain , sewer and water connection , will be provided for the proper and effectiveoperation of the proposed residential use ; e ) The Planning Board has , therefore , determined that the use is in harmony with the general purpose and intent of the Zoning By Law. The granting of said Special Permit will in no way derogate from the intent and purpose of the Zoning By Law . Sincerely, PLANNING BOARD Michael P. Roberts , Vice Chairman jw cc Applicant Project Engineer Building Inspector Board of Health Highway Surveyor Board of Public Works Conservation Commission DEQE Parties In Interest TOWN OF NORTH ANDOVER t. two MASSACHUSETTS , PLANNING BOARD APPLICATION FOR SPECIALPERMIT- _.- - NOTICE:--This application`must be typewritten -"~ . Applicant David J. Wnicucci---' -' --Address 522 Main-Sti^eet; Tor-Andover., MA 1. Application is hereby_made__ --(a) For a Special Permit under Section4.133, 'Paragraph 'D "of the Zo iing'*-Law. _ Lot C-1 `John 2. (a) Premises affected are land 'X' and buildings numbered.•.-- : r et. _ (b) Premises affected are pro rty wi .fro tage on.the-North •South---- - East_ -Westx side of Jonson Street Street, and known as., No.I,nt C_l Johnson - . Street. (c) Premises affected are in Zoning Distriet R-3 .- 'ythe premises affected ,1 have an area of 2778 and frontage of feet. 3 Ownership: , (a) Name and address of owner (-if joint ownership, give all names)• Jehn and Madelina Calzetta and Carmine and Concetta Calzetta Date of purchase Previous Owner ` (b) If applicant is not owner, check his interest in the premises: X Prospective purchaser Lessee Other (explain) 4. Size of proposed building: front;-_ gpt feet deep Height:---i —stories; 8 " feet. _ - (a) Approximate date of erection Commence building Ju1y 1983 (b) Occupancy or use (of each floor) December 1983 (c) Type of construction Wood' frame r 5 Size of Existing Building: Not Applcabf et "front; ` _ feet deep Height: stories feet. (a) Approximate date of erection (b) Occupancy or use (of each floor) (c) Type of construction 6. Has there been a previous application for a Special Permit from the Planning Board on these premises? no If so, when N/A ` 7. Description of purpose for which Special Permit is sought on this petition: For purpose of construction of a `single- family, _owner occupied' ice idence. A special permit is required-because the*proposed construction and site alterations are within 100 feet of a tributary to Lake Cochichewick. (over) 8. Deed recorded in the Registry of Deeds in Book__&7_9__ Page 974 or Land Court . Certificate No. Book Page 9. The principal points upon whichI base my'application are as follows: (must be stated in detail The proposed construction allows for the development of a parcel 1 of land in conformance with the main land-use plan for this area of the community. A special permit is necessary if this parcel is to be constructed upon. I agree to pay for advertising in newspaper and poo e fee\fm mailing legal notices to-IT tie in eres � Peti ioneX si ature Every- application for action by"the Board shalf be made on a _form.approved by US, Board. These forms shall be furnished by the Clerk upon request. Any communicatiolV7. p purporting to be an application shall- be treated as mere notice of intention to:-:seek:. relief until such time as it is made on the official application form. All informat on called for by the Form shall be furnished by the applicant in the manner therein ". prescribed. Every application shall be submitted with a.list of "Parties in Interest" which shall include the:petitioner, -abutters, owners of land directly opposite on any public or private 'street or stay and'alutters to the abutters. within three hundred .(300) feet of the property line alT'as they 'appear on the most recent applicable tax list, not "th- standing that the land of any such owner. is located in another city or town, the P1 -- ping Board of the-town and the planning board of every abutting city or town. .LIST OF PARTIES Iff INTEREST NAME ADDRESS ' 1. Ridgewood Demetary Associates - - c/o Gayton Osgood, President X139 Osgood. Street. : :... North Andover, MA 01845- 2, - 18452. .Warren .G, .Jr. and, Warren-G.-I-II Ogden 316 Johnson Street _ - North-'Andover; -MA 01845 - 3. Mary S. Hoag - -383 -Johnson Street North Andover, MA 01845 4. James T. and Dale Hunt -- - j 364 Johnson .Street North Andover, MA 01845 5. .Jack- ack,N. . and.Francia. Lindon- - 325 Johnson Street . _ - North Andover;-MA 01845-_-: - _ 6. John and Madeline Calzetta _ 559 Johnson Street North Andover, -MA 01845 - - - - 7, _Carmine and Concetta Calzetta 476 Johnson Street = - - - 'North Andover, MA 01845 ADD ADDITIONAL SHEETS, IF NECESSARY. y $E�C£fY£O r OANI£L LONG TOWN CL (TO PLAINTIFF'S ATTORNEY: Please Circle- T)-pe r j AN �S r� OV RT— MOTOR VEHICLE TORT— CONTRACT—EQIJ% 4 RELIEF 54 1W 188 S$ COMMONWEALTH OF MASSACHUSETTS Y ° o ESSEX, ss. SUPERIOR COURT CIVIL ACTION -B No. �� !S✓ 4 MP3 .David Min. .icucci. .,.. ... et als. ........... Plaintiffs) ca O ... . ................... .. . ...... .. . .. , V o U y North Andover Conservation Commission .. -.-._.......................... Defendant(s) O = W C SUMMONS ETo the above named Defendant: $ Keith E. Kiper, Esq. You are hereby summorred and required to serve upon ........................................................................................ � 01845 3 plaintiffs attorney, whose address is --..-4Q1 Andover Street, N. Andover, MA 0 answer the .... .. .. . .................................. ., S � m g complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclu- 8 sive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief de- manded in the complaint. You are also required to file your answer to the complaint in the office of the Clerk Salem of this court at .........................................• - either before service: upon plaintiffs attorney or within a reasonable a ; time thereafter. a 8 $ C Unless otherwise provided by Rule 13 (a), your answer must state as a counterclaim any claim which you may have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the 3 plaibtif's claim or you will thereafter be barred from making such claim in any other action. o W F ° QA TRUE COPY ATTEST WITNESS,Thomas R. Morse,Jr., Esquire,at Salem,the Twenty–Third z e day of February in the year of our Lord one thousand 4 nine hundred and eighty- eight. b ,W ,tq Q H E W U y G ? z Clerk NOTES: 1. This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure. 2. When more than one defendant is involved,the names of all defendants should appear in the caption. If a separate summons is used for each defendant,each should be addressed to the particular defendant. SC15 Form 1 ` . PROOF OF SERVICE OF PROCESS I hereby certify and return that an :.......... ..:................................................ 198 , I served a copy of the within summons, together with a copy of the complaint in this action, upon the within-named defendant, in the following manner (See Mass. R. Civ. P. 4 (d) (1-5). _........................._......................................................................................................................................_................................... ..................._............................................................................................................................................................................. Dated: . 198 ........................................................................ N.B. TO PROCESS SERVER:— PLEASE PLACE DATE YOU MAKE SERVICE ON DEFENDANT IN THIS BOX ON THE ORIGINAL AND ON COPY SERVED ON DEFENDANT. r=1 198 . 0 rhW 0 U F � fY ` 0 0Z O 4J , V ,4: cd OVRS: > O0 acWn � >� o y O . " O td � inVZ U '. U." > a P: U Z� U: c °: >: ` x O cn 0 � N W � [^ N ` 4J: k 0: w ct z w j COMMONWEALTH OF MASSACHUSETTS Essex, ss . Superior Court C. A. No. gg—YSS" DAVID MINICUCCI , TRUSTEE OF MAIN ) STREET REALTY TRUST; ROBERT H. ) MINASIAN, TRUSTEE OF ESSEX ) REALTY TRUST; AND LITHA FLYNN, ) TRUSTEE OF LONG PASTURE TRUST, ) Plaintiffs ) VS. ) PLAINTIFFS' COMPLAINT NORTH ANDOVER CONSERVATION ? COMMISSION, JACK LINDEN, ) GUILLERMO VICENS , ARTHUR RESCA, ) ROBERT MANSOUR, LOIS BRUINOOGE, ) CARL SCHOENE AND PAUL TARIOT, ) AS THEY ARE MEMBERS OF THE ) CONSERVATION COMMISSION, ) Defendants ) PARTIES 1. The Plaintiff, David Minicucci, isa Trustee of the Main Street Realty Trust under a Declaration of Trust duly recorded at the North Essex Registry of Deeds and with a place of business at 508 Main Street, North Andover, Essex County , Massachusetts. 2 , The Plaintiff, Robert H. Minasian, is a Trustee of the Essex Realty Trust under a Declaration of Trust duly recorded at the North Essex Registry of Deeds and with a place of business at 316 Essex Street, Lawrence, Essex County, Massachusetts. 3 , The Plaintiff, Litha Flynn, . is a Trustee of the Long Pasture Trust under a Declaration of Trust duly recorded at the North Essex Registry of Deeds. and. .with a place of business at 8200 Lakeshore Drive, Apt. #2, Hypoluxo, Florida. 4 . Main Street Realty Trust , Essex Realty Trust, and Long Pasture Realty Trust are all trusts duly established under Massachusetts laws. ff 5. The Defendant , North Andover Conservation Commission is a f LAW OFFICES OF body politic having a principal place of business at 120 JOHN F.MCGARRN Main Street, North Andover, Essex County, Massachusetts. AOI ANDOVER STREET NORTH ANDOVER,MA. 6• The Defendant, Jack Linden, is a natural person residing. at 01645 325 Johnson Street, Essex County , North Andover, Massachusetts. AREA CODE 61 T 666-1111 2 - 7. The Defendant , Guillermo Vicens is a natural person residing at 42 Bannon Drive, North Andover, Essex County, Massachusetts. 8. The Defendant, Arthur Resca, is a natural Person residing at 865 Johnson Street, North Andover, Essex County, Massachusetts. 9. The Defendant , Robert Mansour, is a natural person residing at 1001 Johnson Street, North Andover, Essex County, Massachusetts. 10. The Defendant, Lois Bruinooge, is a natural person residing at 5 Walker Road, North Andover, Essex County , Massachusetts. 11 . The Defendant, Carl Schoen,e, is a natural person residing at 50 Turtle Hill Road, North Andover, Essex County, Massachusetts. 12. The Defendant, Paul Tariot, is a natural person residing at 46 Osgood Street, North Andover, Essex County, Massachusetts. 13. The Defendants, Jack Linden, Guillermo Vicens, Arthur Resca, Robert Mansour, Lois Bruinooge, Carl Schoene and Paul Tariot were at all. salient times the Members of the North Andover Conservation Commission. FACTS COMMON TO ALL COUNTS 14 Plaintiffs reallege and incorporate herein the allegations made in paragraphs l through 13 of this Complaint. 15. The Plaintiffs are the owners of record of a certain parcel of property described, to wit : a 19.8 acre parcel. of land located on Forest Street , North Andover, Essex County, Massachusetts and more particularly described in Book 1551. , Page 90 recorded at the North Essex Registry of Deeds ( hereinafter the "Parcel" ) . 16 . On or about the 14th day of January, , 1988 , the Plaintiffs entered into a Purchase and Sale Agreement with Paul St. Hilaire and Alvin J. Maillet to sell the Parcel. 17. As a result of said Agreement , Paul. St. Hilaire and Alvin J. Maillet submitted a Definitive Subdivision Plan showing eleven ( 11) buildable lots on the Parcel to the Planning Board of the Town of North Andover. 3 - 18 . Based on the best information currently available, said Plan is to be approved by the Planning Board of the Town of North Andover. 19. On or about December 3, 1987, the North Andover Conservation Commission ruled in DEQE File No. 242-441 that the subdivision as shown on said Plan be denied. COUNT I 20. Plaintiffs reallege and incorporate herein the allegations made in paragraphs 1 through 19 of this Complaint. 21. The North Andover Conservation Commission exceeded its authority insofar as it acted on legally untenable grounds and/or in a manner which was either unreasonable, whimsical , capricious or arbitrary. WHEREFORE, Plaintiff respectfully requests the following relief a. That the North Andover Conservation Commission Order be annulled; b. That the Plaintiffs' submission be remanded to the Conservation Commission for further consideration under specific direction by the Court ; and c . Such other relief as justice and equity may require. COUNT II 22. . Plaintiffs reallege and incorporate herein the allegations made in paragraphs l through 21 of this Complaint. 23 . The North Andover Conservation Commission decision failed to set forth clearly the reason or reasons for its decision and/or that the applicable statutory and by-law standards have been met . WHEREFORE, the Plaintiffs request the following relief : a. That the North Andover Conservation Commission Order be annulled; b . That the Plaintiffs' submission be remanded to the Conservation Commission for further consideration under specific direction by the Court; and C. Such other relief as justice and equity may require. 4 COUNT III 24. Plaintiffs reallege and incorporate herein the allegations made in paragraphs I through 23 of this Complaint. 25. That the Defendant , Carl Schoene, is an abutter to the land shown in said subdivision plan and as such is interested in said subdivision and is impermissibly prejudiced and not objective. WHEREFORE, the Plaintiffs respectfully request the following relief a. That the North Andover Conservation Commission Order be annulled; b. That the Plaintiffs' submission be remanded to the Conservation Commission for further consideration under specific direction by the Court ; and c. Such other relief as justice and equity may require. COUNT IV 26 . Plaintiffs reallege and incorporate herein the allegations made in paragraphs l through 25 of this Complaint . 27. Plaintiffs state that the Defendants' Order is such that it deprives the Plaintiffs of the use of their land and amounts to a taking without just compensation. WHEREFORE, the Plaintiffs respectfully request the following relief : a . That the North Andover Conservation Commission Order be annulled; b. That the Plaintiffs' submission be remanded to the Conservation Commission for further consideration under specific direction by the Court; C. Monetary damages in the amount of One Million Five Hundred Forty Thousand ($1, 540,000.00) Dollars, plus costs, plus reasonable attorney' s fees and d. Such other relief as ,justice and equity may require. i 5 - Plaintiff demands trial by jury for all such issues so triable. The Plaintiffs By their Attorneys .1 4 z ew Lhr, Esqre 401 Andover Street North Andover, MA 01845 Tel : (617) 686-1111 DATED: February 23, 1988 i i I j