HomeMy WebLinkAboutNELSON, CHARLES NOR71{ C
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0208+ s'Y00� QW}� LEO,
Any appeal shall be filed A �iTlt hw6ovER
after the
wit!,in (20) days
dale Of filing Of this Notice �ssq�NusE�
in the Office of. the Town
Clerk. TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
*
Charles& Jane Nelson
* Petition: 473-89
Lot 310 Penni Lane
North Andover, MA 01845 * DECISION
*
The Board of Appeals held a public hearing on August 8, 1989 upon the application of
Charles& Jane Nelson requesting a variation from the requirements of Section 7,
Paragraph 7.2(l.b) and Table 2 of the Zoning Bylaw so as to permit relief from frontage
requirements in order to construct a single family dwelling on the premises located at
Lot 31, Penni Lane. The following members were present and voting: Frank Serio, Jr. ,
Chairman, Augustine Nickerson, Clerk, William Sullivan, Raymond Vivenzio and Anna OtConnor.
The hearing was advertised in the Lawrence Eagle Tribune on July 25, 1989 and July 26,
1989 and all abutters were notified by regular mail.
Upon a motion made by Mr. Vivenzio and seconded by Ms. O'Connor, the Board voted,
unanimously, to allow the petitioner to WITHDRAW WITHOUT PREJUDICE. The Board and
Mr. Nelson agreed that he needs to get more information about the easement that he would
like to use for the frontage of his site.
Dated this 14th day of August, 1989.
BOARD OF APPEALS
` x. ,z
Frank Serio, Jr.
Chairman
/awt
. DityE.D
ON It C�ERq kl
filed ;3; •, N4R AhtypVE
An appeal shall be ,u855
Any
after the .04.. leas
within t201 day'this
Notice
date of filing cf Town
the
in the Office of TOWN OF NORTH ANDOVER
Clerk. 'FJ MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Charles i& Jane Nelson
31 Gray Street
N. Andover, MA 01845 Date . . . . . . . .
petition No.. . .73-89. . . . . . . . ... . . . .
Date of Hesring.August 8 1989. . .
Pbtiom of ,Charles .&.Jane, Nelson
Promises affected . . . . . .Lm 3.1 x .Penni. Lane. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of 1W.Section.7.. Paragraph
7.2(1.b.). .and.Table .2.of. the Zoning .Bylaw. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as permit . relief. from .frontage .requirements. in .order. to. .construrt .a. . . . . . . .;.
single family dwelling
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �. .
After a public hearing given an the above date,the Board of Appeals voted to . .ALLOW THE f
PETITION TO WITHDRAW WITHOUT PREJUDIC
P1�9 lK7CX. . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
-9.
SignedFrank Serio, Jr:, Chairman
William Sullivan
. : :, . , . .Augustine, Nickeraon,.:Clerk, , , , ;
„ : , Raymond,Viyenzio. . . . . . . .
. . . . . .Anna .Q'.Connor . . . . . . . . . . . . . . . . .
. . . . . . . . . . . .
Board of Appeals
* FORM v
APPLICATION FORAPPROVAL OF DSER TIVE PLAN "bG
March 19 91
To the Planning Board of the Town of North Andover:
The undersigned, being the applicant as defined under Chapter 41t Section
81-L# for approval of a proposed subdivision shown o: a plat: entitled
"Plan.: of Land in North Andover Ma prepared for Charlds G. & Jane A. Nelson"
by Christiansen & Sergi dated August 21, 1990
being land bounded as follows: See Exhibit A attached
hereby submits said plan as a DELI TM 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 10651 pa$e 320 ; or
Certificate of Title No. , Registration Books, page.; or
Other:
Said plan has( ) has not(x� evolved from a preliminary plan submitted to
the Hoard of 19 and approved (with modifications) ( )
disapproved ( on , 19 .
The undersigned hereby applies for the approval of said DEPINITI79 plan
by the Board, and in furtherance thereof hereby agrees to abide by the Board's
Rules and Regulations. The undersigned hereby further covenants and agrees
with the Town of North Andover, upon approval of said DEFINITIVE plan by the
Board:
1. To install utilities in accordance with the rales and regulations of the
Planning Board, the Public Works Department, the Highway Surveyor, the
Board of Health, and all general as well as zoning by-laws of said Town*
as are applicable to the installation of utilities within the limits of
trays and streets;
2. To complete and construct the streets or ways and other improvements shown
thereon in accordance with Sections Iv and V of the Rules and Regulations
of the Planning Board and the approved DEFINITM plan, profiles and cross
sections of the same. Said plan, profiles, cross sections and construction
specifications are specifically, by reference, incorporated herein and made
a part of this application. This application and the covenants and agree-
ments herein shall be binding upon all heirs, executors, administrators,
successors, grantees of the whole or part of said land, and assigns of the
undersigned; and
3• To complete the aforesaid installations and construction within two (2)
years from the date hereof.
Received by Town Clerk: L
Date: Signature of Applicant
Time: 31 Gray Street
Signature: North Andover, MA 01845
Address
f _ s
Notice to APPLICANT/TOWN CLARK and Certification of Action of Planning Board
on Definitive Subdivision Plan entitled:
"Plan of Land in North Andover MA prepared for Charles G. & Jane A Nelson"
By: Chr�iansen & Sergi dated August 21 1990 19
Revised June 27, 1991
The North Andover Planning Board has voted to APPROVE said plan, subject to the
following conditions:
1. That the record owners of the subject land forthwith execute and record
a "covenant running with the land", or otherwise provide security for the con-
struction of ways and the installation of municipalservices within said sub-
division, all as provided by G.L. c. yl, S. $1-U.
2. That all such construction and installations shall in all respects
conform to the governing rules and regulations of this Board.
3. That, as required by the North Andover Board of Health in its report to
this Board, no building or other structure shall be built or placed upon Lots
No. as shown on said Plan: without the prior
consent of said Board of Health.
J+. Other conditions:
r
L�
In the event that no appeal shall have been taken from said approval within
twenty days from this date, the North Andover Planning Board will forthwith
thereafter endorse its formal approval upon said plan.
* a � � * * * a * * ee �► s �► s * ee * * �► � �► * ses • � ara � * * * � *
7TH P�BOARD ll
Date: August 28, 1991 George na, Jr Cam rian�
1
EXHIBIT A
Beginning at a point in the radius of a circle at the end of Penni Lane
thence turning and running N510 11' 34"W, 252.54 feet, thence turning and
running N49° 44' 59"W, 104.15 feet to an iron pipe; thence turning and
running N36° 37' 31"E, 264.38 feet and thence N500 24'03"E, 184.43 feet, the
lasttwowo bounds being the center line of a stream;thence turning and running
S 23 56' 26"E, 463.16 feet; thence turning and running N85 39' 2911W, 165.14
feet; thence turning and running S06° 48' 30"W, 52.12 feet; thence turning
and running S190 14' 45"W, 64.69 feet; thence turning and running S310 25' 3511W,
37.09 feet to the point of beginning.
Charles Nelson
31 Gray Street
North Andover, MA. 01845
DEFINITIVE SUBDIVISION
CONDITIONAL APPROVAL
STATEMENT OF FINDINGS
The Planning Board, in approving this conditional Definitive
Subdivision application, has granted waivers in the construction
of the proposed roadway. The applicant has proposed a roadway
built to driveway specifications across the future roadway
easement area located on lot 10, Penni Lane. Any further
reference to the proposed driveway shall be meant to include the
roadway located within the easement area.
The applicant has chosen to take advantage of the frontage
exception bylaw (Section 7.2 of the North Andover Zoning Bylaw)
!which allows for a minimum of fifty (50) feet of frontage with
three times the required minimum lot size. Section 7.2 (1) e. of
the Zoning Bylaw further states that "no such lot. . . on which a
dwelling is located shall be hereafter reduced in area below the
minimum area required. . ." which insures that only one single
family dwelling may be constructed on the proposed lot containing
3.02 acres.
Any future modification of this subdivision to create a road
under the standards of subdivision control shall require a
resubmittal to the North Andover Planning Board Office.
CONDITIONS OF APPROVAL
1. There shall exist across the property line abutting n/f
DiBlasi a sixty (60) foot no cut buffer zone. The No Cut
Zone shall exclude all necessary clearing and regrading
for the construction of the proposed driveway and septic
system; and
There shall exist across the rear property line n/f Fanuele
a twenty (20) foot no cut buffer zone to the inside corner
of the vegetative buffer as noted on said plan (provided it
does not interfere with the driveway location as shown. )
2. The proposed driveway shall be paved for its entire length.
3. All construction which takes place within the easement area
shall not adversely impact the driveway servicing the
property of DiBlasi. Any damage done to an abutting
properties driveway shall be repaired by the applicant prior
to the issuance of a Certificate of Occupancy.
4. Prior to the lot being released from the statutory
covenant, a Bond shall be posted to ensure construction
and/or completion of roadway, site screening and other
pertinent public amenities. This bond shall be in an amount
as determined by the Planning Board and shall be in the fora
of a Tri-Party Agreement, or Pass Book.
5. An as-built plan and profile shall be submitted for review
and approval prior to the final release of bond money.
Certification by the design engineer, 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.
6. Any changes on the plans required by the North Andover
Conservation Commission may be subject to Modification under
Chapter 41 by the Planning Board. Approval by the North
Andover Conservation Commission must be obtained prior to
the issuance of a building permit.
7. Gas, Telephone, Cable and Electric utilities shall be
installed as specified by the respective utility companies.
8. No open burning shall be done except as is permitted during
burning season under the Fire Department regulations.
9. No underground fuel storage shall be installed except as may
be required by Town Regulations.
10. Prior to the release of any lot from the statutory covenant
the developer shall submit approved septic system designs to
the Planning Board and certify that the proposed grading of
said lot is in conformance with the Definitive Plan and
drainage calculations, and that said lot does not create
adverse flooding on an adjacent property.
11. The contractor shall contact Dig Safe at least 72 hours
prior to commencing any excavation.
12. Prior to a Building Permit being issued for the lot, the
following information shall be required by the Planning
Department:
A. All No Cut Zones shall be clearly delineated in the field
with flagging tape.
B. All erosion control measures shall be installed and
checked by the Town Planner.
C. The lot number shall be posted prior to the
commencement of construction.
13. Prior to a Certificate of Occupancy being issued for the
lot, the following information shall be required by the
Planning Department:
A. All necessary permits and approvals shall be secured from
the North Andover Board of Health.
B. As built topographic plans of the individual lot
showing location and final grading for all driveways,
structures and septic systems.
C. The proposed dwelling shall have residential fire
sprinklers installed. Certification and approval from the
N.A.F.D. shall be required.
D. A permanent house number shall be posted prior to
occupancy.
E. Certification that the roadway is constructed to at least
binder coat to properly access the lot in question.
14. The provisions of this conditional approval shall apply to
and be binding upon the applicant, its employees and all
successors and assigns in interest or control.
15. All construction and activity on the lot shall conform with
the following set of plans which have been presented to the
Planning Board and approved with the above list of
conditions:
APPLICANT: Charles Nelson, 31 Gray St. North
Andover, NA
PLANS PREPARED BY: Christiansen & Sergi
DATE: August 21, 1990; rev. 6/27/91
SCALE: 1" = 40'
cc: Director of Public works Building Inspector
Health Ada/Sanitarian Assessors
Conservation Administrator Police Chief Fire Chief
Applicant Engineer File
R ielaird B. Vfflm.{
Attarne7 at Law
216 Beach Street, P.O. Boa 33 r ''l'''
Revere, Massae6asetts 02151
(617) 289.5865
September 16 , 1991
Town Clerk
Town of North Andover
Town Hall
North Andover, MA 01845
RE: JOSEPH DiBLASI and LUCILLE DiBLASI
VS . GEORGE D. PERNA, Jr. , et als
Dear Sir/Madam:
Enclosed please find a Notice of Appeal and a copy of
the appeal which was filed today in the Land Court
Department for the above captioned matter.
If you have any questions, please call .
Very truly yours ,
RICH . D B. VILLIOTTE
RBV: f
P
Encl .
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
NO. P 706 320 002
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK,SS LAND COURT DEPARTMENT
of the TRIAL COURT
CASE NO.
JOSEPH DiBLASI and )
LUCILLE DiBLASI , )
Plaintiffs )
)
V. )
GEORGE D. PERNA, Jr. , )
JOHN SIMONS, JOHN DRAPER, ) NOTICE OF APPEAL
JOSEPH MAHONEY and. )
RICHARD NARDELLA, }
PLANNING BOARD of the TOWN }
of NORTH ANDOVER, and )
CHARLES NELSON, )
Defendants
TO ALL WHOM IT MAY CONCERN:
The Plaintiffs , Joseph and Lucille DiBlasi , hereby give
notice , pursuant to Massa G.L. ch. 41 , sec . 81BB that on
September 11 , 1991 , an appeal was filed, pursuant to Mass .
G.L. ch. 41 , sec. 81BB in said Court against the defendants,
George D. Perna, Jr. , John Simons, John Draper, Joseph Mahoney
and Richard Nardella as they are members of and constitute The
Planning Board of the Town of North Andover and Charles Nelson,
from a conditional approval of Charles Nelson' s definitive
subdivision application .
Joseph and Lucille DiBlasi
By their attorney
icha d B. Villiotte
216 Beach Street
Revere, MA 02151
617-289-5865
BBO# 509700
Dated: September 16 , 1991
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK,SS LAND COURT 'DEPARTMrNT
of the TRIAL COURT
CASE NO.
JOSEPH DiBLASI and )
LUCILLE DiBLASI , )
Plaintiffs )
)
V. )
)
GEORGE D. PERNA, Jr. , )
JOHN SIMONS, JOHN DRAPER, )
JOSEPH MAHONEY and .SS
APPEAL UNDER Mch 41 sec . 81 ASS.
AG.L.
)
RICHARD NARDELLA, )
PLANNING BOARD of the Town J
of NORTH ANDOVER, and )
CHARLES NELSON, )
Defendants )
1 . The plaintiff, Joseph DiBlasi , is an individual residing
at 114 PenAi Lane, North Andover, Massachusetts .
2 . The plaintiff, Lucille DiBlasi , is an individual residing
at 114 Penni Lane , North Andover, Massachusetts .
3 . The defendants , George D. Perna, Jr. , John Simons, John
Draper, Joseph Mahoney and Richard Nardella, are members of and
constitute the Planning Board of the Town of North Andover,
Massachusetts (hereinafter "Planning Board") .
4. The defendant, Charles Nelson, is an individual residing
at 31 Gray Street, North Andover, Massachusetts (hereinafter
"Nelson") .
S . Nelson applied to the Planning Board proposing a
roadway built to driveway specifications across an alleged ease-
ment area located on LSt 10 , Penni Lane, North Andover.
6 . Lot 10 , Penni Lane , North Andover is owned by the
plaintiffs , Joseph and Lucille DiBlasi , as husband and wife
-2-
tenants by the entirety.
7 . The plaintiffs bring this appeal under the authority .
of Mass .-G.L. ch. 41 , sec . 81BB from a decision of the Planning
Board to approve Nelson ' s subdivision plan.
8. On August 27 , 1991 , the Planning Board approved Nelson' s
definitive subdivision plan subject to fifteen conditions , a
copy of which is attached hereto as Exhibit A.
9 . The P1annIng . Board". has exceeded its authority in
approving Nelson' s subdivision plan.
10. . The Planning Board' s findings are not supported by the
evidence, are contrary to law and do not meet the statutory
requirements for the approval of a definitive subdivision plan.
11 . The Planning Board in approving Nelson' s subdivision
plan acted either capriciously, or through gross negligence or
in bad faith.
12 . The Planning Board' s decision will result substantial
detriment to the public good and derogate from the intent and
purpose of the subdivision control law.
WHEREFORE, the plaintiffs pray:
1 . That the decision of the Planning Board approving
Nelson ' s subdivision plan be annulled.
2. For such other and further relief as to this Court shall
deem just and proper.
Joseph and Lucille DiBlasi
Plaintiffs , by their ttorney
ich .d B. Villiotte
216 Beach Street
Revere, MA 02151
617-289-5865
BBO# 509700
Dated : September 16 , 1991
i
i
Charles Nelson
31 Gray Street
North Andover, MA. 01845
j DEFINITIVE SUBDIVISION
CONDITIONAL APPROVAL
STATEMENT OF FINDINGS
The Planning Board, in approving this conditional Definitive
Subdivision application, has granted waivers in the construction
of the proposed roadway. The applicant has proposed a roadway
built to driveway specifications across the, future -' roadway
easement area located on lot 10, Penni Lane. Any further
reference to the proposed driveway shall be meant to include the
i " roadway located within the easement area.
The applicant has chosen to take advantage of the frontage
exceptionbylaw (Section 7.2 of the North Andover Zoning Bylaw)
!; which allows for: a minimum of fifty- (50) feet of 'frontage with
three times the required minimum lot size. Section 7.2 (1) e. of
the Zoning 'Bylaw further states that "no such lot. . . on which a
dwelling is located shall be hereafter reduced in area below the
minimum area° 'required. . ." which insures that only one single
family dwelling may be constructed on the proposed lot containing
_jeja cres.
Any future modification of this subdivision to create` a road
under the standards of subdivision control shall trequire a
resubmittal to.the North Andover Planning Board Office.
CONDITIONS OF APPROVAL
1. There shall exist across the property line abutting n/f
DiBlasi a sixty (60) foot no cut buffer zone. The No Cut
Zone shall exclude all necessary clearing and regrading
for the construction of.the proposed driveway and septic
system: and
There shall exist across the rear property linen/f Fanuele
a twenty (20) foot no cut buffer zone to the inside corner
of the vegetative buffer as noted on said plan (provided it
does not interfere with the driveway location as° shown:•)
2. The proposed _driveway . shall be paved for its entire length.
3. All construction 1;hich takes place within the eahement area
shall not adversely impact the driveway servicing .the
property of.,DiBlasi. Any damage done to `an abutting
properties driveway shall be repaired by the applicant prior
to the issuance of a Certificate of Occupancy.
t
i
i
i
4. Prior to the lot being released from the statutory
covenant, g Bond shall be posted to ensure construction
and/or completion of roadway, site screening and other
pertinent public amenities. This
• bond shall
be
as determined b in an amount
the Planning annin
g Board and
Of a Tri-Pa shall be in the form
Tri-Party Agreement,,Y nt
g or Pass
Book.
�•' An as-built plan and profile shall be submitted for review
and approval prior to the final release of bond money.
Certification by the design engineer, 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.
6. Any changes on the plans required by the North Andover
Conservation commission may be subject to Modification under
Chapter 41 bL.the P1 ig,Board.
7. Gas, - Telephone, Cable and Electric utilities shall be
installed as specified by the respective utility companies.
s. No ,open burning shall be done except as is permitted during
burning season under the Fire Department regulations.
9. No underground fuel storage shall be installed except as may
be required by Town Regulations.
10. Prior to the release of any lot from the statutory covenant
thb developer shall submit approved septic system designs to
the Planning Board and certify that the proposed grading of
said lot is -in conformance with the Definitive Plan and
drainage calculations, and that said lot does not create
adverse flooding on an adjacent property.
11. The contractor shall contact Dig Safe at ]east 72 hours
prior to commencing any excavation.
12. Prior to a Building Permit being issued for the lot, the
following information shall be required by the Planning
Department:
A. All No Cut Zones shall be clearly delineated in the field
with flagging tape.
B. All erosion control measures shall be installed and
checked by the- Town Planner.
C. The lot number shall be posted prior to the-
commencement
hecommencement of construction.
M` •
3. Prior to a
lotCertificate of Occupancy being issued for -the
, the following information shall be required by the
Planning Department:
A. All necessary permits and approvals shall be secured from
the North Andover Board of Health. '
B. As-built topographic plans of the individual lot
showing location and final grading for all driveways,
structures and septic systems.
C. The proposed dwelling shall have residential fire
sprinklers installed. Certification and approval from the
N.A.F.D. shall be required.
D. A permanent house number shall be posted prior to
occupancy.
E. Certification that the roadway is constructed to at least
binder coat to properly access the lot in question.
14. The provisions of this conditional approval shall apply to
and be binding upon the applicant, its employees and all
successors and assigns in interest or control.
IS. All construction and activity on the lot shall conform with
the following set of plans which have been presented to the
Planning Board and approved with the above list of
conditions:
APPLICANT: Charles Nelson, 31 Gray St. North
Andover, MA
PLANS PREPARED By; Christensen & Sergi
DATE: August 21, 1990; rev. 6/27/91
SCALE: 1" = 40'
cc: Director of Public Works Building Inspector
Health Adm/Sanitarian Assessors
Conservation Commission Police Chief Fire Chief
Applicant Engineer File
I �
COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
CIVIL ACTION
JOSEPH DiBLASI , and No. 168351
LUCILLE DiLBASI
Plaintiff(s)
u•-
o m
a0 V.
GEORGE D. PERNA, Jr. , JOHN SIMONS , JOHN DRAPER,
g L= JOSEPH MAHONEY and RICHARD NARDELLA ,
'E " PLANNING BOARD of the TOWN of NORTH Defendant(s)
o ANDOVER, and CHARLES NELSON
SUMMONS
ti-2 To the above-named Defendant: PLANNING BOARD OF NORTH ANDOVER
You are hereby summoned and required to serve upon RICHARD Bo V I LL IOTTE, ESQ.
u 0
N
b plaintiff`s attorney, whose address is 216 Beach Street Revere MA , an answer to
the complaint which is herewith served upon you,within 20 days after service of this summons upon you,ex-
clusive of the day of service. If you fail to do so,judgment by default will be taken against you for the relief
`u
demanded in the complaint. You are also required to file your answer to the complaint in the office of the Recorder
of this court at Boston either before service upon plaintiff's attorney or within a reasonable time thereafter.
C
V
• 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
oplaintiff s claim or you will thereafter be barred from making such claim in any other action.
0 Witness, MARILYN M. SULLIVAN, Chief Justice, at Boston, the Sixteenth day of
September
-, in the year of our Lord one thousand nine hundred and ninety—one
N
y rA {
0
0 _
b
RECORDER
7
o NOTES:
ro 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 i
summons is used for each defendant,each should be addressedtot articular defendant.
t— 3. TO PLAINTIFF'S ATTORNEY: PLEASE CIRCLE TYPE O CT ON INVOLVED
(1) EQUITY—(2) OTHER
E �
f COP`1 P� ��-
cc s4 cvsst
SUFFOLK,SS COMMONWEALTH OF MASSACHUSETTS
LAND COURT 'DEPARTMtW
of the TRIAL
.COURT
CASE NO. 168351
JOSEPH DiBLASI and
LUCILLE DiBLASI , )
Plaintiffs )
V. )
GEORGE D. PERNA, Jr. , )
JOHN SIMONS , JOHN DRAPER )
JOSEPH MAHONEY and APPEAL UNDER MASS. G.L.
RICHARD NARDELLA, y ch 41 'sec . 81 81BB
PLANNING BOARD of the Town )
of. NORTHANDOV
CHARLES NELSONER' and y
Defendants )
1 . The plaintiff, Joseph DiBlasi, is an individual residing
at 114 Pen0i Lane, North Andover, Massachusetts.
2 . The plaintiff, Lucille DiBlasi , is an individual residing
at 114 Penni Lane, North Andover, Massachusetts . -
3 . The defendants, George D. Perna, Jr. , John Simons, John
Draper, Joseph Mahoney and Richard Nardella, are members of and
constitute the Planning Board of the Town of North Andover,
Massachusetts (hereinafter "Planning Boaid") .
4. The defendant, Charles Nelson, is an individual residing
at 31 Gray Street , North Andover, Massachusetts (hereinafter
"Nelson") .
5 . Nelson applied to the Planning ing B
oardro
p posing a i
roadway built to driveway specifications across an alleged ease- !
ment area located on L6t 10, Penni Lane, North Andover.
i
6 . Lot 10, Penni Lane, North Andover is owned by the
i
plaintiffs , Joseph and Lucille DiBlasi , as husband and wife
i
III
r
-2-
ants by the entirety.
7 . The plaintiffs bring this appeal under the authority
of Mass . G .L. ch. 41 , sec . 81BB from a decision of the Planning
Board to approve Nelson ' s subdivision plan.
8 . On August 27, 1991 , the Planning Board approved Nelson ' s
definitive subdivision plan subject to fifteen conditions , a
copy of which is attached hereto as Exhibit A.
9 . The Planning .Board'. has exceeded its authority in
approving Nelson' s subdivision plan.
10. . The Planning Board' s findings are not supported by the
.,evidence, are contrary to law and do not meet the statutory
requirements for the approval of a definitive subdivision plan.
11 .
The Planning Board in approving Nelson' s subdivision
plan acted either capriciously, or through gross negligence or
in bad faith.
12 . The Planning Board ' s decision will result substantial
detriment to the 'public good and derogate from the intent and
purpose of the subdivision control law.
WHEREFORE, the plaintiffs pray:
1 . That the decision of the Planning Board approving
Nelson ' s subdivision plan be annulled.
2. For such other and further relief as to this Court shall
deem just and proper.
Joseph and Lucille DiBlasi
Plaintiffs , by their,.00ittorney
. Q 0�
ich rd B. Villiotte
216 Beach Street
Revere , MA 02151
617-289-5865
BBO# 509700
Dated: September 16 , 1991
epf,�
sues Nelson
3i Gray Street
. North Andover, MA. 01845
DEFINITIVE SUBDIVISION
CONDITIONAL APPROVAL
STAWEMENT OF FINDINGS
The Planning Board, in approving this conditional Definitive
Subdivision application, has granted waivers in the construction
of the proposed roadway. The applicant has proposed a roadway
built to driveway specifications across the future• roadway
easement area located on .'lot 10, Penni Lane. Any further
.' . reference to the proposed driveway shall be meant to include the
roadway located within the easement area.
The applicant has chosen to take advantage of the frontage
exception bylaw (Section 7.2 of the North Andover Zoning Bylaw)
which allows for , a minimum of fifty (50) feet of frontage with
three times the required minimum lot size. Section 7.2 (1) e. of
the Zoning Bylaw further states that "no such lot. . . on which a
dwelling is located shall be hereafter reduced in area below the
minimum area- * required. . ." which insures that only one single
family dwelling may be constructed on the proposed lot' containing
31 'acres. .
3ID .Any future modification of this subdivision to create a road
under the standards of subdivision control shall ° require a
resubmittal to the North Andover Planning Board Office.
CONDITIONS OF APPROVAL
1. ' There shall exist across the property line abutting n/f -
DiBlasi a sixty (60) foot no cut buffer zone. The No Cut
Zone shall exclude all necessary clearing and regrading
for the construction of .the proposed driveway and septic
system: and .
There shall exist across the rear' property line n/f Fanuele
a twenty (20) foot no cut buffer zone to the inside corner
: of the vegetative buffer as noted on said plan (provided it
does not interfere with the driveway location as shown;')
2. . The proposed..driveway . shall be ,paved forAits entire length.
3 .I All construction which takes place within the easement area
shall not adversely impact the driveway servicing .the
property_ of ,DiBlasi. Any damage done to'an abutting
properties driveway shall be repaired by the applicant prior
ficate of Occupy.
.
to the issuance of a Certi
•
ior to the lot being released from the statutory
covenant, b Bond shall be posted to ensure construction
and/or completion of roadway, site screening and other
Pertinent public amenities. This bond shall be in an amount
' as determined b
i y the Planning Board and shall be in the form
Of a Tri-Party Agreement, or Pass Book.
5. An as-built plan and profile shall be submitted for review
and approval prior to the final release of bond money.
certification by the design engineer, 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
inspection and taf. pavement.. In addition, all required
facilStSea esting of water, sewer, and drainage
at,h21 be completed prior to binder course paving.
6 Any changes on the plans required by
tile North
Conservation Commission may be subject to Modificationrunder
Chapter 41 bthe P1 ljl �ard.� Q
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7• Gas, • Telephone,Cable and Electric utilities shall be
installed as specified by the respective utility companies.
a. No .-open burning shall be done except as is permitted during
burning season under the Fire Department regulations.
9. No underground fuel storage shall be installed except as may
be required by Town Regulations.
10. Prior to the release of any lot from the statutory covenant
thh developer shall submit approved septic system designs to
the Planning Hoard and certify that the proposed grading of
said lot is -in conformance with the Definitive Plan and
drainage calculations, and that said lot does not create
adverse flooding on an adjacent property.
Il . The contractor shall cont:,ct Diq safe at leiist 72 hours
prior to commencing any excavation.
12. Prior to a Building Permit being issued for the lot, the
following information shall be required by the Planning
Department:
A. All No Cut Zones shall be clearly delineated in the field,
- with flagging tape.
B. All erosion control measures shall be installed and
checked by the- Town Planner.
C. The lot number shall be posted prior to the
commencement of construction.
r._'to a certificate of occupancy being issued for .the
the following information shall be required by the
•planning Department:
A. All necessary permits and approvals shall be secured from
the North Andover Board of Health.
B. As77built topographic plans of the individual lot
showing location and final grading for all driveways,
structures and septic systems.
C. The proposed dwelling shall have residential fire ,
sprinklers installed. Certification and approval from the
N•A-F.D. shall be required. '
D• A Permanent house number shall be posted prior to
occupancy.
E. Certification that the roadway is constructed to at least
binder coat to properly access the lot in question.
14• The provisions of this conditional approval
and be binding upon theiapplicant, its employees land ply
successors and assigns n ,interest or control.
15. All construction and activity on the lot shall conform with
the following set of plans which have been presented to the
Planning Board and approved with the above list of
conditions:
APPLIC)IT: Charles Nelson, 31 Gray St. North
Andover, MA
PLANS PREPARED BY: Christensen & Sergi
DATE: August 21, 1990; rev. 6/27/91 '
SCALE: 1" = 40'
Director of Public Works
Health Adm/Sanitarian Building Inspector
Assessors
Conservation Commission
Applicant Police Chief Fire . Chief
Engineer File
COMMONWEALTH OF MASSACHUSETTS
,,.. oLK,SS LAND COURT DEPARTMENT
of the TRIAL COURT
r CASE NO.
JOSEPH DiBLASI and )
LUCILLE DiBLASI , )
Plaintiffs )
}
V )
GEORGE D. PERNA, Jr. , )
JOHN SIMONS , JOHN DRAPER, ) NOTICE OF APPEAL
JOSEPH MAHONEY and. )
RICHARD NARDELLA, )
PLANNING BOARD of the TOWN )
of NORTH ANDOVER, and )
CHARLES NELSON, )
Defendants )
TO ALL WHOM IT MAY CONCERN
The Plaintiffs , Joseph and Lucille DiBlasi , hereby give
notice , pursuant to Mass . G.L. ch. 41 , sec . 81BB that on
September 11 , 1991, an appeal was filed, pursuant to Mass .
G.L. ch. 41 , sec . 81BB in said Court against the defendants,
George D. Perna , Jr. , John Simons , John Draper, Joseph Mahoney
and Richard Nardella as they are members of and constitute The
Planning Beard of the Town of North Andover and Charles Nelson,
from a conditional approval of Charles Nelson' s definitive
subdivision application .
Joseph and Lucille DiBlasi
By their attorney
Micha B. Villiotte
216 Beach Street
Revere, MA 02151
617-289-5865
BBO# 509700
Dated: September 16 , 1991