HomeMy WebLinkAboutPATNAUDE, NEIL Received by Town Clerk :
Notice to APPLICANT/TOWN CLERK of action of Planning Board on
accompanying plan :
1 . The North Andover Planning Board "has determined that said plan
does not require approval under the Subdivision Control Law ,
and the appropriate endorsement has .been made upon the" same.
2 . The North Andover Planning Board has determined that said plan
shows a subdivision , as defined by G .L . c. 41, s . 81-L , and
must therefore be re-submitted to it forapproval under the
Subdivision Control Law .
Very truly yours ,
NORTH ANDOVER PLANNING BOAR[
By
Date :
Received by Town Clerk :
R4 �.-' 3 -
FORM A
TQ`I,
IdQRI: �PPLICATION FOR ENDORSEMENT OF PLAN
, .��, .E. .'E
BELIEVED NOT TO REQUIRE APPROVAL
NAR 25
March 17 19 87
To the Planning Board of the Town.* of North Andover:
The undersigned- wishes -to record the accompanying plan and requests a
determination by said Board that approval by it under the Subdivision
Control Law is not required . fhe undersigned believes that such approve
is not required for the following .reasonst -
1. The division of land shown . on the accompanying- plan is not a sub-
division because every lot shown thereon. has the amount of .frontage
required by the North Andover_ Zon.ing By Law .and. is on a public way ,
namely , or• a private way , namely ,
Appleton Street , 'being land- bounded as follows :
See attached description
2 . The division of land shown on the accompanying plan is not a sub-
division for the following reasons :
No new streets or ways are being created.
3. Title reference North Essex Deeds , Book 848 Page 359 or
Certificate of Title No . Registration Book
Page
App icant ' e : Owner ' s signature and address if not
� the applicant :
)-4. Az;�a.0 C� Same
Applicant ' s Address :
Neil C. & Margaret M. Patnaude
197 Appleton Street
No. Andover, MA 01845
ER
t �dd FORM B
AP L�CTtO FOR APPROVAL OF A PRELIMINARY PLAN
APR 13
April- 13 19„_2.
To the Planning Board of the Torn of North Andover:
The undersignedp being the applicant as defined under Chapter 41# Section 81-Lg
for approval of a proposed subdivision shown on a plan entitled
The Patnaude Property
By Andover Consultants Inc. dated March 13 19 87
being land bounded as follows:
See attached description; '
hereby submits said plan as a PRELIMINARY subdivision plan in accordance with the
Rules and Regulations of the North Andover Planning Board and makes application to
the Board for approval of said plan.
Title references North Essex Deeds, Book 84$ Page 359; or
Certificate of Title No,.j Registration Book., Page.; or
Other:
Applicant's signature: r;-I
Received by Town Clerk: X C
Dates Applicants address
197 &ippleton gtrget
Time' North Andover, Ma. 01845
Signature: Owner's signature and address if not the
applicant:
X Maresaret a Ngil Btt nude
197 Appleton Street
North Andover, Ka. 01845
Notice to APPLICANT/TOWN CLERK of Action of Planning Board on Preliminary
Subdivision Plan entitled:
By: dated
1. The North Andover Planning Board has tentatively approved said plan, with-
out any modifications thereof.
2. The North Andover Planning Board has disapproved said plant for the
following reasons:
3. The North Andover Planning Board has tentatively approved said pimp
subject to the following modifications thereofs
Very truly yours•
NORTH ANDOM PLAN IM BOARD
By
Date:
f
Description of
"THE PATNAUDE PROPERTY"
North Andover, Mass.
Beginning at a point on Appleton Street thence running
southeasterly by Appleton Street 534.82 feet; thence,
southwesterly by land of -D. Patnaude 330.00 feet; thence,
southeasterly by lands of D. Patnaude, Gaffney, Bassett, and
N. Patnaude 659.61 feet; thence, southwesterly by lands of
Murphy, A.J. Lane Construction and Mass . Electric Co. 593.49
feet; thence, northwesterly by land of Mass. Electric Co.
1.007.08 feet; thence, northeasterly by land of Thompson
529 .75 feet to the point of beginning.
Notice to APPLICANT/TOWN CLERK of Action of $4►ard on ProUninary
Subdivision Plan entitled: HOR
The Patnaude Property liw 9R �` 26 A
By: Andover Consultants dated March 13, 1987
1. Tb!KNOWM
7tll� �Ol3[Xi68�FxptiEfi�i�K7 �i $K
Q�XI[��Yo��IiYX
2. 'NxNd(t {l�F��Oltild; iXb6ixii��XX3lK7IXX
f�fg��ltYXX
3. The North Andover Planning Board has tentatively approved said plan
subject to the following modificatiana thereofs
See attached pages.
very truly youreg
FORTH ANDOM PLANNiIG BOARD
By Erich W. Nitzsche, Chairman
Date: May 26, 1987
i
�n
KORT!i 11 FORM B
QTR `
APPLICATION FOR APPROVAL OF A PRELIMINARY PLAN
April, 13 lg_ L
To the Planning Board of the Town of North Andover:
The vndersignedl being the applicant as defined under Chapter 41, Section 81—Lo
for approval of a proposed subdivision shown on a plan entitled
The Patnaude Property
By Andover Consultants Inc* dated March 13 9 19 87
being land bounded as follows:
See attached description;
hereby submits said plan as a PRELIMINARY subdivision plan in accordance with the
Rules and Regulations of the North Andover Planning Board and makes application to
the Board for approval of said plan.
Title reference: North Essex Deeds, Book 84Q Page 559; or
Certificate of Title No. , Registration Book , Page.; or
Other:
Applicant's signature: ?Z
Received by Town Clerk: X ��y C
Date: Applicant's address
197 Arnleton Street
Time: North Andover, Ma. 01845
Signatures Omner'a signature and address if not the
applicant:
X Margaret i Kalil Patnaude
197 Appleton Street
North Andover, Ma. 01845
e
Patnaude Property
Preliminary Subdivision
Conditions of Approval
1., A Request for Determination or a Notice of Intent shall be
filed with the North Andover Conservation omission per
Section 310 under Chapter 131 - Wetlands Protection Act, and
local wetland bylaws.
2.:1 All requirements of the Division of Public Works will be
strictly adhered.
3. All requirements of the Fire Department will be strictly
adhered.
4. It shall be the applicants responsibility to obtain Board of
Health approval to show proposed grading for septic system and
dwelling location on a Definitive Subdivision Plan.
5. Drainage calculations shall be submitted to mitigate runoff in
the 10 year and 100 year storm event. Cross drainage shall be
designed to handle 100 year storm event.
6. No lots shall be released from the covenant running with the
property until the following is completed:
- All drainage is constructed in accordance with the
Subdivision Plans, including binder coat application and all
utilities, including but not limited to, fire alarms, water
lines, sewer, drainage, electric, gas, cable shall be
installed in accordance with plans.
7.. A detailed tree plan in accordance with Section V, K and IV-1
shall be submitted with the definitive plan for review by the
Planning Board and the Tree Warden.
8.. A stump pit burial plan shall be submitted to the Planning
Board and Highway Department for review and approval prior to
any on-site construction.
9.; The applicant shall be advised that in the event a Definitive
Plan evolves from this Preliminary Plan and/or parcel of land,
the North Andover Planning Board will require upon submittal
that all aspects of the Rules and Regulations governing the
Subdivision of land mist be strictly adhered to and will be a
requirements notwithstanding this decision.
10. A waiver request shall be submitted for the 1500 foot roadway,
the request shall contain justification for the waiver.
11. Whereas the length of the dead end roadway exceeds the limit as
defined in the rules and regulations, a detailed request for
waiver of the rules and regulations shall be submitted will a
r �
Definitive Plan justifying to the Planning Board's satisfaction
why a dead end roadway should be allowed in this instance.
CC: Highway Surveyor
Board of Public Works
Tree Warden
NACC
Building Inspector
Board of Health
Assessor
Fire Chief
Police Chief
Applicant
Engineer
File
.,` Y _ aECEIViD
FORM Q DANIEL LONG
NORTH At,pOVER
PLANNING BOARD ````rpll�??
TOWN OF North Andover MASSACHUSETTS 4 28
CERTIFICATE OF AMENDMENT , MODIFICATION OR RESCISSION OF
APPROVAL OF DEFINITIVE SUBDIVISION PLAN
August 16, 19 89
TOWN CLERK
TOWN OF North Andover , Massachusetts
On the motion/petition of the Planning Board dated
and in accordance with Massachusetts General Laws ,
C apter 4T. Section 81-W, it is hereby certified by the Planning Board
of the town of North Andover , Massachusetts , that at
a duly called and properly posted meeting of said Planning Board , held
on July 27 989 , it was voted to amend/modify/ rescind
the- approval of the definitive subdivision plan of land entitled :
Hitchina Post Road owned by : N
Of :- North Andover plan ( s ) dated :
August 6, 1987 , an -revised : Mav 11.
y : Andover Consultants and recorded at the :
Registry of Deeds , Plan Book ,
Page performance guarantee being
and r-e-c—o-rTeU Book Page land locate-d-
"gly side
4f Appleton Street a n d showing 10
proposed lotF. by making the fo owing amendments/mod fication s
by rescinding the approval for the following reasons :
The Subdivision was constructively approved. The Planning Board, by the power granted
to them through Mass. General Law, Chapter 41, Section 81W, hereby amends this constructive
approval by adding conditions relative to the Subdivision Rules & Regulations of the
Town of North Andover.
All prior conditions of approval shall remain in full force and effect
until such time as they are met ; pursuant to Massachusetts General Laws ,
Chapter 41 , Section 81-W, this Amendment/Modification/ Rescission shall
take effect when duly recorded by the Planning Board at the
Registry of Deeds the plan or originally approved,
or a copy thereof , a certified copy of this vote making such Amendment/
Modification or Rescission , and any plan or other document referred to
in this vote . Said recording to be at the expense of the applicant
in the case of Amendment or Modification .
The Amendment/Modification/Rescission of the approval of this plan
shall not affect the lots in the subdivision which have been sold or
mortgaged in good faith and for a valuable consideration or any
rights appurtenant thereto , without the consent of the owner of such
lots , and of the holder of the mortgage or mortgages , if any , thereon .
( Pane 1 of 2 )
Written consent from said owners and mortgages , if any , is attached
hereto .
NOTE TO CLERK : The Planning Board should be notified immediately of
any appeal to the Superior Court on this subdivision
'Amendment/tlodification/ Rescission of the approval
made within the statutory 20-day appeal period .
If no appeal is filed with your office , the Planning
Board should be notified at the end of the 20-day
appeal period in order that the originally approved
plan may receive an appropriate endorsement and be
recorded along with a registered copy of the certi -
fied vote Amending/Modifying/Rescinding the approval .
A True Copy , attest :
Clerk ,
Planning Board.
Duplicate copy sent to applicant :
Planning Board
(Page 2 of 2 )
HITCHING POST SUBDIVISION, DEFINITIVE SUBDIVISION APPROVAL.
(1) There shall be no driveways placed where stone bound
monuments and/or catch basins are to be set. It shall be the
developers responsibility to assure the proper placement of
the driveways regardless of whether individual lots are
sold. The Planning Board shall require any driveway to be
moved at the owners expense if such driveway is at a catch
basin or stone bound position. Certification by the
Department of Public Works will be required prior to the
issuance of a certificate of occupancy.
(2) All drainage facilities including detention basins, shall be
constructed and erosion controlled prior to any lot release.
(3) An As-built plan and profile shall be submitted for review
and approval prior to the final release of DPW bond money. A
certified interim as built verifying that all utilities have
been installed in accordance with the plans and profile
shall be submitted prior to the application of the binder
coat of pavement. In addition, all required inspection and
testing of water, sewer, and drainage facilities shall be
completed prior to binder course paving.
(4) Any changes on the plans required by the North Andover
Conservation Commission may be subject to Modification under
Chapter 41 by the Planning Board.
(5) With respect to the constructively approved plan recorded
with the Essex North District Registry of Deeds as Plan No.
11013, the following shall be performed in accordance with
chapter 41, Section 81W: (1) The original Plan,
constuctively approved and recorded as Plan No. 11013 , or a
copy thereof, and a certified copy of this modification,
shall be recorded with the Registry of Deeds, (2) an
endorsement has been made on the Plan constructively
approved and recorded as plan No. 11013 referring to this
Modification and where it is recorded, and (3) this
Modification shall be indexed in the Grantor Index under the
names of the owners of record of the land affected.
(6) Throughout all lands, tree cutting shall be kept to a
minimum in order to minimize erosion and preserve the
natural features of the site. Accordingly, the developer in
conjunction with a registered arborist, shall submit a tree
cutting and reforestation plan consistent with the
provisions of Section 5.8 of the North Andover Zoning
Bylaws ( The plan is for areas of substantial cutting and
filling ) to be reviewed by the Planning Staff prior to the
applicant receiving a permit to build on any lot within the
subdivision. This Plan shall explicitly include specific
trees to be retained. Also, the developer shall inform the
Town Planner when significant tree cutting is to occur in
order that the Planner may determine the need to be to be
present.*
(7) The contractor shall contact Dig Safe at least 72 hours
prior to commencing any excavation.
(8) Gas, Telephone, Cable and Electric utilities shall be
installed as specified by the respective utility companies.
(9) All catch basins shall be protected with hay bales to
prevent siltation into the drain lines during road
construction.
(10) No open burning shall be done except as is permitted during
burning season under the Fire Department regulations.
(11) No underground fuel storage shall be installed except as may
be required by Town Regulations.
(12) Permanent house numbers will be posted on dwellings prior to
occupancy.
(13) All lots shall have residential fire sprinklers installed
prior to the issuance of the Certificate of Occupancy, per
order NAFD.
(14) All drainage and sewage easements as shown on the plans
shall be recorded with the North Essex Registry of Deeds.
(15) The applicant shall adhere to all conditions within the
amended approval from the North Andover conservation
Commission dated, September 9, 1988.
(16) Within 30 days of the recording of this Modification, the
rectangular shed stradling the lot line of Parcel "A" and
lot 15, and designated on the Plan as " (to be removed) "
shall be removed. Additionally, no building permit for a
residential dwelling may be issued for Lot15 unless said
Building Permit is conditioned upon the removal, or
conversion, of the structure shown on the Plan as
"BARN/STABLE".
(17) The roadway shall be constructed up to binder coat standards
prior to issuance of a Certificate of Occupancy for any new
construction within the subdivision.
(18) The sewage facilities shall be approved by the North Andover
DPW prior the issuing of any building permits for any lots
within this subdivision.
(19) The sewer design, as shown on the plans, is unacceptable.
The sewer should be designed to flow by gravity along the
property line of lots 9 and 10 in the Hitching Post
Subdivision. The sewer should then continue through gh a
utility easement at the rear of lots along Stagecoach Rd. to
the existing sewer in the Pines Subdivision.
(20) The proposed hydrant at the cul-de-sac shall be installed on
the North side of the road.
(21) The width of pavement along Hitching Post road shall be 26
feet.
(22) Sloped granite curbing shall be installed along the roadway
where the grade exceeds 5% and shall extend down to the
catch basins at Station 3 & 50.
(23) Street trees shall be planted every fifty (50) feet
throughout the subdivision. The trees shall have a caliper
of not less than 3 1/2 inches.
(24) A sewer extension permit from the Division of Water
Pollution Control of the Massachusetts Department of
Environmental Protection and written permission from the
owner to enter the Blue Ridge Road Pumping station must be
obtained prior to the issuance of a sewer extension permit
by the Division of Public Works.
The following plans are deemed approved by this decision:
Plans entitled: Definitive Subdivision Plan "Hitching Post Road"
North Andover, Mass. Dated August 6, 1987.
Plan Showing Proposed Siltation Basin and
Revised Retention Pond. Dated May 11, 1988.
cc: Director of Public Works
Board of Public Works
Highway Surveyor
Building Inspector
Board of Health
Conservation Commission
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
P.ecei•ved by Town Clerk :
FEc� , � ti
f FORM A
• 11O.n
RAPPLICATION FOR ENDORSEMENT OF PLAN
@ELIEVED NOT TO REQUIRE APPROVAL
HAP, 25f r s Pry ` 7
March 1.7 19 87 '
To the Planning Board of the Town of North Andover :
The undersigned wishes -to record the accompanying plan and requests a
determination by said Board that approval by it under the Subdivision
Control Law is not. required . The undersigned believes that such approva
is not required for the following .reasons : ;
1 . The division of land shown..on the accompanying- plan is not a sub-
division because every lot shown thereon has the- amount ,of .frontage
required by the North Andover_ Zoning By Law--and is on a public way ,
namely, , ora- private way, namely ,
Appleton Street being 1and- bounded as follows :
See attached description
2 . The division of land shown on the accompanying plan is not a sub-
division for the following reasons :
No new streets or ways are being created.
3. Title reference North Essex Deeds , Book 848Page _ 359 or
Certificate of Title No . Registration Book ;
Page
Applica t nat e : Owner 's signature and address if not
/ c ... � the applicant :
K Same
AP licant ' s Address :
P
Neil C. & Margaret M, PAtnaude
197 Appleton Street
No. Andover, MA 01845
Received by Town Clerk :
I
Notice to APPLICANT/TOWN CLERK of action of Planning Board on
accompanying plan :
The North A dover Planning Board'has ermined that /said . plan
does pot require a proval underithe Subdivision, Con of Law ,
!'
a�rd' the appropriate ement has .been m _Ai n the same.
2 . The North Andgv r Planning Board has determined that said plan
shows a subdivis on; as defined y L . c . 41 , s : 8 -L , an
must therefore b re-submi ed to it for. app al u der t
S/uGr'di vi s on C o n t r W .
l
Very truly yours ,
NORTH ANDOVER PLANNING BOARC
By : l
Date ` �� ��
i
t
c -
C !'
(TO PLAINTIFF'S ATTORNEY: —TORT— MOTOR VEHICLE TORT —
CONTRMCT�3 EQOI CABJ,IE fes{IEF—OTHER.)
TUU LJ
EM
RC' 0 f
k COMMONWEALTH OF MASSACHUSETTS
0
3
SUPERIOR COURT
CIVIL ACTION
No.87/2509
d
N&Ll... ,�.. gtc} tie._. n�1..Margaret.,M.-,Patnaude.....................Plainti$(s)
� d
o Jack Lindo�1,Guillermo Vincens,ULois Bruinooge,
Carl M. Scitoene, Arthur Resca, Robert Mansour &
w Paul Tariot, as they are the Conservation Commission
1.................w....................Defendant(s)
� IM
A V
a
Y
4 = SUMMONS
To the above named Defendant:Conservation Commission Town Hall
120 Main Street, North Andover, MA 01845
e You are hereby summonsed and required to serve upon ....,LQb.G_1?,..0.'.111;LP,.n.*..Jrr...............................
12 Essex Street Andover MA
.a plaintiffs attorney, whose address is ......................................:....................r.........._..-...........-.......-........, an answer to the
complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclu.
sive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief de-
> .J
$ mended in the complaint. You are also required to file your answer to the complaint in the office of the Clerk
of this court at 34_ Federal Street either before service upon plaintiff's attorney or within a reasonable
$ Salem, MA
time thereafter.
Unless otherwise provided by Rule 13(a),your answer mast state as a countcvclaim any claim which you
a may have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the
plaintiffs claim or you will thereafter be barred from making such claim in any other action.
I'r O h T'-f P
$ 1� WITNESS,Thomas R. Morse,Jr., Esquire,at Salem, the
Depu;� b;lCCiif day of in the year of our Lord one thousand
nine hundred and eighty-
L3
t ht -
R Y
�..
NOTES:
I. 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.
SC 15 Fnrm1
N�vpmhQ_r_I_"gjjLASOIAN & TULLY
Date Attorneys at Law
Civil Clerk 12 Essex Street, P.O. Box 31
Essex Superior Court Andover, Massachusetts 01810
34 Federal Street 16 17) 47 5-9100 - Andover
Salem, MA 01470 1617) 942-0932 - Boston
nr�fI J
RE: _____Heil C- Patnaude and Margaret H Patnaude
VS: Jack Linda 6ttillertsa Vincens, Lois Bruinooge, Carl M. Schoene,
Art r th NO.
the Conservation Commission of the Town of North Andover
Dear Sir.
Please file the enclosed pleadings marked "X" below, making the proper docket entry:
IX ) Complaint, Entry tee and Return Postcard
1 1 Summons wlRetwn of Service
1 1 Writ of Summons and Entry Fee i I Writ of Attachment w/Return of Service
II
l I Petition to Attach wiNotice and Entry Fee
I I Answer of Delundant
1 ) Inlerrugalones Propounded by lubu Answured by
l 1 Answers by to Interrogatories Propounded by
I I Agreement.to Extend Time for Answering Interrogatories
f ) Notice of Application under Rule 33 1al
f I Request for Default under Rule 55(a)
I I Plaintiff's Request for Default and Judgment and Execution Rule 55(bl (11
1 ) Trial Marking Slip for
i
l I Motion Marking Slip for Motion
f ! for Divorce and check for $
1 I Military Affidavit and Request for Execution
l I Process to be served on:
at:
Upon completion of service, kindly return the original summuns, with your
return thereon, to this office together with your bill for services
rendered. Thank you.
1
ASOIAN & TULLY DATE: �� �3 �7
uRIGImA FILED ESy SUPERIORCOURT
John D. O'Brien, Jr.
12 Essex Street
Andover, MA 01810
cc:
TYPE OR USE BALL POINT PEN
MASSACHUSETTS TRIAL COURT SUPERIOR COURT DEPARTMENT
CIVIL ACTION COYER SHEET
Essex as. (To be filed with each Complaint) NO.
PLAINTIFF(S) S
Neil C. Patnaude and Margaret M. Patnaude JCae nfil, Guillermtno Vincens, Lgis Bruinooge
ar c oene, rtdur Re ca Ro art Mansour
Pgn �ar e' as Un* t o Relics, Commi
ATTORNEYS)(Firm Name,Address,Tal.) ATTORNEY(S) (If known)
Aaron A. Gilman
Asoian & Tully, 12 Essex Street, Andover, MA 0181
BBO # 192640
Place an N In one box only ORIGIN
® 1. FOt Complaint ❑ 4. F04 Dist.Cf.Appeal 0.231,s.97
p 2. F02 Removal to Sup.Cf.c.231, 9.104 ❑ 5. F05 Reactivated after Rescript; Relief
❑ 3. F03 Retransfer to Sup. Ct.9231,s.102C from Judgment/order(Mass. R. Civ.P.60)
Place an N In one box only NATURE OF ACTION
CONTRACT REAL PROPERTY
MISCELLANEOUS
❑ A01 Services, labor and materials ❑ COI Land taking (eminent domain) ❑ E02 Appeal from administrative agency,
❑ A02 Goods sold and delivered ❑ CO2 Zoning appeal,G.L.c.40A G.L.c.30A
L) A03 Commercial paper ❑ CO3 Dispute concerning title ❑ E03 Action against Commonwealth or
[I A08 Safe or lease of real estate ❑ C04 Foreclosure of mortgage Municipality,G.L.c.25B
❑ [I E04 Taxpayer suit,G.L.c.40 s.53
A99 Other(specify) ❑ C99 Other(specify)
❑ E05 Confirmation of arbitration awards.
G.L.c.251
TORT EQUITABLE REMEDIES ❑ E06 Massachusetts Antitrust Act,
❑ B03 Motor vehicle negligence-personal ❑ DOt Specific performance of contract G.L.c.93
Injury/property damage ❑ E08 Appointment of receiver
❑ 604 Other negligence-personal Injury ❑ D02 Reach and apply,G.L.c.214, ❑ E09 General contractor's surety bond,
property damage 9.3(6)-(9) G.L.c.149,se.29,29a
E] on
D06 Contribution or indemnification
❑ B05 Products liability ❑ E10 Summary process appeal
❑ B06 Malpractice-medical ❑ D07 Imposition of trust ❑ Ell Workman's Compensation
❑ B07 Malpractice-other ❑ D08 Minority stockholder's suit ❑ E12 Small Claims Appeal
(specify) ❑ D10 Accounting ❑ E13 Labor Dispute
❑ B08 Wrongful death,G.L. c.229,s.2A ❑ D12 Dissolution of partnership ❑ E14 Chapter 123A Petition—SDP
❑ B15 Defamation (libel-slander) ❑ D13 Declaratory judgment, G.L.e.231A ❑ E15 Abuse Petition,G.L. c.209A
❑ B99 Other(specify) ❑ D99 Other(specify) — ❑ E16 Auto Surcharge Appeal
❑ E17 Civil Rights Act,Relief. finder
IS THIS A JURY CASE? ❑ YES ❑ NO !>p E99 Olhar(specify)
M.G.L.c. 249 jj4
SUPERIOR COURT RULE 29. Requirement of statement as to money damages to prevent the transfer
of civil actions to District or Municipal Court Departments.
1. Superior Court Rule 29, as amended requires the statement of money damages on the reverse
side be completed.
2. Failure to complete the statement,where appropriate, will result in transfer of this action (Superior
Court Rule 29(2).
SIGNATURE OF ATTORNEY OF RECORD DATE:
(OFFICE USE ONLY—DO NOT WRITE BELOW THIS LINE) RECEIVED
DISPOSITION BY:
A. Judgment Entered B. No Judgment Entered DATE:
❑ 1. Before jury trial or non-jury hearing ❑ 6. Transferred to District Court DISP ENTERED
❑ 2. During Jury trial or non-jury hearing under G.L.c.231,sl02C
❑ 3. After jury verdict BY:
❑ 4. After court finding DATE:
❑ 5. After post trial motion Disposition date
CLERK'S OFFICE COPY mW00442res
i
I
I
i
r
TYPE OR USE BALL POINT PEN
MASSACHUSETTS TRIAL COURT SUPERIOR COURT DEPARTMENT
CIVIL ACTION COVER SHEET
Essex SS. (To be filed with each Complaint) NO.
PLAINTIFF(S) DEE N Lis Bruinoo e
Neil C. Patnaude and Margaret M. Patnaude Jac M�'n , Guil ermo Vincens, g
8 Car TT Hoene, rthur Re ca Robert Mansou
P u r{{ t, as ty ar t e Conservation Commi •-
s ._f RP mnwn n Nnr�h nuer
ATTORNEY($) (Firm Name, Address,Tel.) ATTORNEY(S) (if known)
Aaron A. Gilman
Asoian &Tully, 12 Essex Street, Andover, MA 0181
BBO # 192640
Place an 1g] In one box only ORIGIN
1. F01 Complaint ❑ 4. F04 Dist.Ct.Appeal c.231,s.97
❑ 2. F(12 Removal to Sup. Ci.c.231, c.104 ❑ 5. FOS Reactivated after Rescrfpt; Relief
Q 3. F03 Retransfer to Sup. CL c.231,s.1020 from judgment/order (Mass. R. Civ. P.60)
Place anIn one box only NATURE OF ACTION
CONTRACT REAL PROPERTY MISCELLANEOUS
❑ A01 Services, labor and materials ❑ COI Land taking (eminent domain) ❑ E02 Appeal from administrative agency,
El A02 Goods sold and delivered [I CO2 Zoning appeal,G.L.c.40A G.L.c.30A
E1 A03 Commercial paper ❑ CO3 Dispute concerning title ❑ E03 Action against Commonwealth or
258
E] AO8 Sale or lease of real estate E-) C04Foreclosure of mortgage Municipality,G.L. .
❑ A99 Other(specify) ❑ C99 Other(specify) t] E0Taxpayer suit, G.L.0.4.40 s.
E] E055 a Confirmation of arbitration awards,
G.L.0,251
TORT EQUITABLE REMEDIES ❑ E06 Massachusetts Antitrust Act,
❑ B03 Motor vehicle negligence-personal — —' G.L.c.93
Injury/property damage ❑ DOI Specific performance of contract ❑ EO8 Appointment of receiver
❑ B04 Other negligence-personal injury ❑ D02 Reach and.apply,G.L.c.214, [] EO9 General contractor's surety bond,
property damage s.3(6)-(9) G.L.c.149,ss.29,298
❑ B05 Products liability ❑ DOS Contribution or indemnification ❑ Et0 Summary process appeal
❑ BOB Malpractice-medlcal ❑ D07 Imposition of trust [] Ell workman's Compensation
❑ 807 Malpractice-other ❑ DOB Minority stockholder's suit ❑ E12 Small Claims Appeal
(specify) ❑ D10 Accounting [] E13 Labor Dispute
❑ BOB Wrongful death, G.L. c.229,9.2A ❑ D12 Dissolution of partnership ❑ E14 Chapter 123A Petition—SDP
❑ B15 Defamation (libel-slander) ❑ D13 Declaratory judgment,G.L. 0.231A E] E15 Abuse Petition,G.L.c.209A
❑ B99 Other(specify) ❑ D99 Other (specify) ❑ E16 Auto Surcharge Appeal
❑ E17 Civil Rights Act. G.L.C f, under
IS THIS A JURY CASE? [I YES Q NO ® E98 Other(specify)
M.G.L.c. 249 ?i4
SUPERIOR COURT RULE 29. Requirement of statement as to money damages to prevent the transfer
of civil actions to District or Municipal Court Departments.
1. Superior Court Rule 29, as amended requires the statement of money damages on the reverse
side be completed.
2. Failure to complete the statement, where appropriate, will result in transfer of this action (Superior
Court Rule 29(2).
S1 NATU14E OF ATTORNEY OF RECORD DATE:
(OFFICE USE ONLY—DO NOT WRITE BELOW THIS LINE) RECEIVED
DISPOSITION BY.
A. Judgment Entered B. No Judgment Entered DATE:
❑ 1. Before jury trial or non-jury hearing ❑ 6. Transferred to District Court DISP ENTERED
❑ 2. During jury trial or non-jury hearing under G.L.c.231,sl02G
❑ 3. After jury verdict BY:
❑ 4. After court finding DATE:
❑ 5. After post trial motion Disposition date
CLERK'S OFFICE COPY mtco04.02186
I;
j1 COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. SUPERIOR COURT
II� NO.
i
NEIL U
I C. PATNA DE AND
MARGARET M. PATNAUDE, )
;I
Plaintiffs )
VS. ) COMPLAINT PURSUANT TO
} M.G.L. C. 249, 54 FOR
JACK LINDON, GUILLERMO VINCENS ) RELIEF FROM DECISION OF
LOIS BRUINOOGE, CARL M. SCHOENE, ) CONSERVATION COMMISSION
ARTHUR RESCA, ROBERT MANSOUR AND }
PAUL TARIOT, )
I AS THEY ARE THE CONSERVATION )
COMMISSION OF THE TOWN OF }
NORTH ANDOVER )
Defendants )
NATURE OF ACTION
i
1 . This is a civil action in the nature of Certiorari
1 brought pursuant to the provisions of M.G.L. c. 249, 54 to
review the decision of the North Andover Conservation
Commission .
PARTIES
2. The Plaintiffs, Neil C. Patnaude and Margaret M.
Patnaude are, and at all relevant times hereinafter mentioned
were, the owners of certain property located in North Andover,
Essex County, Massachusetts, known as and located at Hitching
Post Road, North Andover, Essex County, Massachusetts
(hereinafter referred to as the "site" ) , and as such have
standing to bring this action .
I
3. The Defendants, Jack Lindon, Guillermo Vincens, Lois
Bruinooge, Carl M. Schoene, Arthur Resca, Robert Mansour, and
Paul Tariot, are, and at all times relevant to this action
were, the duly appointed members of the North Andover
Conservation Commission (hereinafter referred to as the
"Commission" ) .
COMPLAINT
4. On September 100 1987, the Plaintiff duly filed with
the Commission a Notice of Intent for the construction of a
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I� drainage outlet and storm water detention pond within a
) bordering vegetated wetland, and the buffer zone of a bordering i
I vegetated wetland.
5 . After holding a public hearing on September 23, 1987,
the Commission imposed an Order of Conditions under both M.G.L.
c. 131 , 540, and the Town of North Andover By-Law, Chapter 3.5
(A) & (B) . A copy of said Order of Conditions is annexed
hereto as Exhibit "A" . j
6 . The Plaintiffs have appealed the denial under M.G.L.
C. 131, §40 to the Department of Environmental Quality
Engineering (hereinafter referred to as "DEQE") .
7. There is no provision under statute, by-law or
regulation for the review of the Commission' s action under the
Town By-Law, other than the Complaint which the Plaintiff now
files under the provisions of M.G.L. c. 249, 54.
I
8. The Commission made no findings of fact.
9 . The Commission lacked substantial evidence to justify
its actions.
y 10 . The actions of the Commission were arbitrary,
icapricious and erroneous as a matter of law.
11 . The action of the Commission constitutes a taking of I
the Plaintiffs' property, without compensation, thus denying
Plaintiffs their rights under Part 11 Article X of the
Massachusetts Constitution and the Fifth and Fourteenth
Amendments of the United States Constitution.
ii
�I 12. The Plaintiff has suffered substantial hardship due to
the actions of the Commission.
I�
ff 13 . The action of the Commission was manifestly unjust,
Ii and adversely affects the interests of the general public.
II WHEREFORE, Plaintiff respectfully requests that :
1 . The North Andover Conservation Commission be ordered
to file a certified copy of the entire proceedings of
the hearing before the Commission with the Clerk of
this Court.
2. After hearing, the Court enter judgment quashing the
decision of the Commission referred to in the
Plaintiffs Comp ,
' laint and directing the Commission to
issue an order in accordance with Chapter 131, §40 and
other applicable law. II
1
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3. That the Court grant such other and further relief as
it may deem necessary and proper.
NEIL C. PATNAUDE AND MARGARET M.
PATNAUDE,
By their Attorneys,
Aaron A. Gilman
ASOIAN & TULLY
12 Essex Street
P.O. Box 31
Andover , Massachusetts 01B10
(617) 475-9100
i
john D. 0 Br en, Jr .
ASOIAN & TULLY
12 Essex Street
P.O. Box 31
Andover, Massachusetts 01810
(617) 475-9100
1660P i
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-3-
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Received by Town Clerk ,
mow. FORMA .
xw .
APPLICATION FOR ENDORSEMENT OF PLAN
BELIEVED NOT TO REQUIRE APPROVAL
December 16 ,~1985
To the Planning Board of the Town of Norah Andover :
The undersigned wishes to record the accompanying plan and requests a'
determination by 'said Board that approval by it under the Subdivision
6- Control Law is not required . The undersigned believes that such approval 's
is not required for the fallowing reasons : k�
I . The division of land shown on the accompanying plan iA not a sub-
division because every lot shown thereon has the amount of frontage
required by the North Andover Zoning By Law and is on a public- way ,
namely , Appleton Street
or a, private way, namely ,
...
being land boundedas follows
Beingots 1A, 2, 3, 4 on a Plan of Land located in North Andover.
Jl
Be inn ng 'at a point on Appleton Street then running; ¢ ,
SOUTHWST£RLY: Three hundred and thirty feet and fouteen tenths (33.0.1,4) by'.laridA
now or formerly of Tymvdkiewicz, then
WESTERLY: Six hundred and seven feet and seventy-four tenths (607.74) by land now
or armerly of Neil Patnau e, t. en , a
(continued on reverse side)
t°r
K i
2 : The division of ,l and shown on the accompanying plan is not a sub-
division for the following reasons :
Has legal frontage on an existing-public wayt_ namelyp A leton Street.
Book 898 Page 359 or
13. Title reference North Essex Deeds , —
CerGificate of Title No . Registration Book"
,,. Page
01
Applicant ' s Signature : Owner ' s signature and address ifnot
r, the applicant :
Applicant ' s Address :
7 197 Appleton Street
j North Andover, MA. 01845
i"
}
' Received by Town Clerk :
}L
[{ I 'ir.J
4 .
Notice to APPLICANT/TOWN CLERK of action of Planning Board on
accompanying plan :
1 . The North Andover Planning Board has determined that said plan
does not require approval under the Subdivision Control Law,
and the -appropriate endorsem.eiht has been made upon the same. _ .
2 . The North Andover Planning Board has determined that said plan {
shows a subdivis ' n , as define y G . L . c . 4 £�1-L , 'af
ust there f0 be -s tted to it for approval under the
k(
Subdi ton Control Law . 's
Very truly .yours ,
NORTH ANDOVER PLANNING BOARD'
M 6 I
By LAO
J
Date : iz S
f -, � -�
�.
(continued)
NORTHEASTERLY: Three"hundred and thirty feet (339.00) by land now or formerly
of Neil Patnaude, ,then
EASTERLY: Six hundred and seven feet and seventy-four tenths (607.74) by Ap-
pleton Street.
M'M
a
}gid:•. i ,
sa,
\a
Received by Town Clerk : ';
91
RECEIVFG FORM A
DANIEL LONG
TOW14C1.`'RK APPLICATION FOR ENDORSEMENT OF PLAN
NORTH AiADDVER
BELIEVED NOT TO REQUIRE APPROVAL
Oct
19
To the Planning Board of the Town of North Andover : a
The undersigned wishes to record the accompanying plan and requests a,' fi
determination by said Board that approval by it under the Subdivision ,• �
Control Law is not required . The undersigned believes that such approval]
is not required for the following reasons : g
I . The division of- land shown on the accompanying plan is not a sub- . {'
division because every lot shown thereon has the amount of frontage "
required - by the North Anooveroning By Law and is an a public:..way ,
namely , zli P - l7 �5 �-ee , or a private way , namely , a.
j, being land bou�n�d�ed asr�follows :
2 . The division of land shown on the accompanying plan is not a sub tR?
- - division for the following reasons
ll ,
C1lcJ/l�`S 176 -7 zevM/�i�i9 Civ 74
3.
`5U (7c�/Uig}d
u
3. Title reference North Essex Deeds, Book Pages
Certificate of Title No . Registration Book
• ; ,
Page �..:
lyT.
App11 ant ' s Signature : Owner ' s signature and address if- not „
the applicant :
Applicant ' s Address : Sp—
k
Received by Town Clerk ;
Notice to APPLICANT/TOWN CLERK of action of Planning Board on
accompanying plan :
1 . The North Andover Planning Board has determined that said plan'
does not require approval under the Subdivision Control Law ,
and the appropriate endorsement has been made upon the same .
2 . The North Andover Planning Board has determined that said plan
shows a subdivision , as defined by G . L . c . 41 , s . Bl-L , and
must therefore be re-submitted to it for approval under the
Subdivision Control Law .
Very truly yours., ;
- - - NORTH ANDOVER PLANNING BOARD '
B A.
Y ;
Date F
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I µb tJ
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6x31
1{
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._Receiv._d \y own Clerk j
EW-WV U FORM A
D Nift LONG
T N1f:RK APPLICATION FOR ENDORSEMENT OF PLAN
NOR ,"aluOVER BELIEVED NOT TO REQUIRE APPROVAL
OCT I 16 �s At� '85
19
To the Planning Board of the Town of North Andover :
d ,
The undersigned wishes to record the accompanying plan and requests, a"
determination by said Board that approval by it under the Subdivision ,
Control Law is not required . The undersigned believes that such approva11
is not required for the following reasons : r , y
-' 1 . The division of- land shown on the accompanying plan is not a sub
division because every lot shown thereon has the amount of frontage
required - by the North Anoover �oning By Law and is on a public-`way , '
namely , P,7/6 /7 �5 wee or a private way , namely , f'
being land bounded as follows "'! .ti
�Z// I,
04
" 4tw
Ma.X31
2 . The division of land shown on the accompanying plan is not a sub- -- .,
division for the following reasons : ,P
k
x'16 7L" T7 vy�,111th
3. Title reference North Essex Deeds , Book ; Page X33 9 or
Certificate of Title No . Registration Book
Page
Applicant ' s Signature : Owner ' s signature and address i f. nota':;'
the applicant : `
Applicant ' s Address : S—
y Received by Town Clerk :
t n eisf
j
as -6F
Notice to APPLICANT/TOWN CLERK. of action of Planning Board on
accompanying plan :
1 . The North Andover Planning Board has determined that said plan
does not require approval under the Subdivision Control Law ,
and the appropriate endorsement has been made upon the same .
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5+{
2 . The Nort Ando er Planning Board has determined that said plan
/show subdivision , as defined G .L . 41 , s . 81-L , aerefore re-sub ed to it for a ov der the
sion Control Law.
Very truly yours ,
- - - NORTH ANDOVER PLANNING BOARD"
..x
p •a
Y •
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4
Date : —
et
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n
R�G�IYFC
TOWN CL.E
NaRTIENDO ER
APR 25 2 4 FM
A
APPLICATION FOR APPROVAL OF A PRELIMINARY PLAN
April 25 i9 86
To the Planning Board of the Torn of North Andovers
The undersigned, being the applicant as defined under Chapter 419 Section 81—L9
for approval of a proposed subdivision shorn on a plan entitled
The Patnaude Property
By Andover Consultants Inc. dated April 259 1 86
�
being land bounded as follows:
See attached sheet
hereby submits said plan as a PRELIMINARY subdivision plan in accordance with the
Rules and Regulations of the North Andover Planning Board and makes application to
the Board for approval of said plan.
Title refarence: North Essex Deeds, Book 848 page359 ; or
Certificate of Title No. , Registration Book�
Others Page.; or
Applicant's signature:
Received by Town Clerk:
Date: Applicant's address
197 Appleton St.
Time: North Andover, Ma. 01845
Signature: Owner's signature and address if not the
applicant:
X Ma]"e•1:sz+- z Nail Dai-nanrla
197 Appleton Street
North Andover, Ma. 01845
Description of
"THE PATNAUDE PROPERTY"
North Andover, Mass .
Beginning at a point on Appleton Street thence running
southeasterly by Appleton Street; thence, southwestrely by
lands of Murphy and AJ Lane Construction; thence, southwesterly
by land of Mass. Electric Coo ; thence, northeasterly by land
of N. Patnaude ; thence, southeasterly by lands of D. Patnaude,
Gaffney, and Bassett; thence, northeasterly by land of Bassett
to Appleton Street.
?/21/86
From: Neil and Margret Patnaude
197 Appleton Street a=.
No. Andover, MA. 01845
No. Andover Planning Board I
Main Street
No. Andover, MA 01845
To Thom it may concern:
Due to extra time required for planning approvals
and site inspection, we ask the .No. Andover Planning
Board to grant an extension for Appleton Street sub-
division to September 30, 1986.
Sincerely,
CAMn
CM:
1;_KDCKj.
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p=
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_�. --------- _ _. - --- _ - -------- -
nO
PATNAUDE PROPERTY - Preliminary Subdivision Npf�fi'ri �N�tlp€�
Conditional Approval
DECEMBER 1, 1986 DSC 3 �M
P8:140
DEFINITIONS SECTION
DEVELOPER: Shall mean Margaret M. and Neil C. Patnaude, 197
Appleton St. , North Andover , MA.
THE BOARD: Shall mean the Planning Board of the Town of North
Andover , MA (120 Main St. North Andover)
TAE RULES : Shall mean the RULES AND REGULATIONS GOVERNING THE
SUBDIVISION OF LAND - NORTH ANDOVER, MA issued by said
board and as amended through this date.
THE PLAN: Shall mean sheets 1 AND 2 of the Preliminary Plan of
'THE PATNAUDE PROPERTY' prepared by Andover
Consultants, Inc. , dated April 25 , 1986, revised
October 5, 1986.
Said subdivision contains 5 lots.
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RECD
Conditional Approval WOR H"�h[i0 ({
December 1, 1986
DEC q 325 PM 'Bi
1. A Request for Determination shall be filed with North Andover
Conservation Commission per Section 310 CMR 10.57 (4) (b) under
Chapter 131-Wetlands Protection Act, and the local wetland
bylaws.
- the definitive plans shall delineate the edge of bordering
vegetated wetlands.
2. Per the Highway Surveyor 's recommendations:
- Two additional catch basins shall be installed at the
intersection of Appleton Street and the proposed roadway.
- Sloped granite curbing shall be required on all grades in
excess of 4% .
3. Per the Fire Chief' s recommendations:
All builders must comply with the Fire Department's
underground fuel storage regulations.
- No open burning is to be permitted except during open burning
season under Fire Department regulations.
- Lot numbers must be posted during construction.
- Permanent house numbers must be posted on dwellings prior to
occupancy.
A street sign approved by the Highway Surveyor is to be
posted at the intersection of Appleton Street and the new
street name selected.
4. The balance of property consisting of 9.0 acres shall be
designated as Lot 6 and NOT released or further subdivided
until a definitive plan has been submitted and approved showing
the continuation of the right of way.
5. Lot 1 'drainage easement' shall show continuation of said
easement to the Pines or permission shall be obtained for point
discharge onto property.
6. Drainage calculations shall be submitted to mitigate run off.
Cross drainage shall be designed to handle 100 year storm
event.
7. No lots shall be released from the Covenant Running with the
Property until the following is completed:
- Drainage is constructed in accordance with the Subdivision
plans.
- Prior to binder coat application, all utlities, including but
not limited to, fire alarms, water lines, sewer , drainage,
electric, gas, cable shall be installed in accordance with
plans.
Prior to binder coat application certified progress as-built
plans shall be submitted by the Design Engineer.
8. The Planning Board shall permit the waiver requests as outlined
in the written request dated October 6 and 13, 1986 from the
following:
- Road Lenqth - Section IV.A.4.a from 500 feet to 830 feet.
- Side Slopes - Section IV.C. grade a 2 percent pitch from sta.
0+75 to 3.75.
- Road Grade of 10% will not be waived by the Planning Board.
Adherence to the Subdivision Rules and Regulations shall be
followed.
9. The applicant shall comply with the Tree Department' s
recommendation to preserve existing trees and to bond for new
planting.
10. A detailed tree plan in accordance with Section V. K and IV.1
shall be submitted with the definitive plan for review by the
Planning Board and Tree Warden.
11. A stump pit burial plan shall be submitted to the Planning
Board and Highway Department for review and approved prior to
any on-site construction.
12. The applicant shall be advised that in the event a Definitive
Plan evolves from this Preliminary Plan and/or parcel of land,
the North Andover Planning Board will require upon submittal
that all aspects of the Rules and Regulations Governing the
Subdivision of Land must be strictly adhered to and will be a
requirement notwithstanding this decision.
/nrs
cc: Highway Surveyor
Board of Public Works
Tree Department
Conservation Commission
Building Inspector
Board of Health
Police Chief
Fire Chief
Assessor
Applicant
Engineer
File
Rz CEiV'�(�
DANIEL
OV4 .,l ?,.I,', IVNEMAN ftBetter
HORTtf co. c•aeaJ
I
WH(2
H(2 SiGardens®
OCT4z AM &APark Street,Andover,MA 01810 Telephone (617)475-4477
I�
September 30, 1986
4
TO: North Andover Planning Board
FROM: Neil and margret Patnaude
To Whom it may concern:
We request an extension from the North Andover
Planning Board to October 31st to gather required information
to be su mrited to the No. Andover Planning Board regarding
The Patnaude Property Subdivision located on Appleton
Street, North Andover.
Signed
4
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Branches: Mdover.Beck8a�t Beln ant.Brookfirm *sInui ft Cuhasset,concord.Gloucester.Groton,HingMm.
ManCheater,Madt(eheed,Mi16wr,NesburypoK Newlon,OsterWk,Sherborn,South Harn0ton.Tops6eid, '"'
Wellesk�t Weston,(tebcatlon 7JeparVnenL
a
Main Office: one Winthrop Square,Boston,Massachusetts 02110 Telephone(617 4264260 -
RECEIVED
DANIEL LOIIG
TOWN U.-FAA
NORTH x iDOVER
OCT Z3 312 PM '86
4 i2y
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Oversized Maps on file with the Town