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HomeMy WebLinkAboutSANDRA LANE REALTY TRUST a gciEKID SEGAL, EDELSTEIN & BUSSONE C! LE ATTORNEYS AT LAW 06 ljiRNtio 21 BROADWAY r is t „M• SIs _ BEVERLY, MASSACHUSETTS 01915 RALPH J.EDELSTEIN 027-2211 JEROME A. SEGAL 774-2197 THOMAS BUSSONE,IL AREA CODE 617 MICHAEL EDWARD CASEY February 19, 1985 Town Clerk Town of North Andover North Andover, MA Re: Appeal from decision of Planning Board granting a special permit to Sandra Lane Realty Trust - filed January 31, 1985 Dear Sir : Notice is hereby given that Robert Be Segal and Maralyn Segal of Sutton Sill Road, North Andover, MA have filed an appeal from the above decision of the North Andover Planning Board in the Essex County Superior Court, a copy of said appeal is annexed hereto. Very truly yours. SEGAL, EDELSTEIN & BUSSONE y� derome A. S JAS:ea enc. HAND DELIVERED COMMONWEALTH OF MASSACHUSETTS ESSEX, SS: SUPERIOR COURT CIVIL NO. -- - ----------------------------------- MARALYN -SEGAL AND ROBERT c B. SEGAL, Plaintiffs VS. ZONING APPEAL MICHAEL P. ROBERTS, JOHN J. BURKE, JOHN A. JAMES, JR. AND BIRCH W. NITZSCHE-as they constitute the Planning Board of the Town of 'North Andover and SANDRA LANE REALTY TRUST} Defendants : ----------------------------------- Now come the Plaintiffs in: the above-entitled action an invoking the provisions of MassachusettsGeneral Laws, Chapter 40A, Section 17, say as follows: PARTIES 1 . The Plaintiffs, Robert B. Segal and Maralyn Segal reside in the Town of North Andover , Massachusetts, an are owners of the land and buildings at Sutton Hill Road, North Andover , Massachusetts, which land abuts Lot 32A Sandra Lane in said Town. 2. The Defendants, Michael P. Roberts, John J. Burke , John A. James, Jr . and Birch W. Nitzsche are all members of the Planning Board of the Town of North Andover and ,all reside in said Town. 3. The Defendant , Sandra Lane Realty Trust , is the applicant who 'petitioned the Planning Board of North Andover to grant a specialpermitunder the zoning by- laws of the Town of North Andover for construction t occur within 100 feet of a tributary. I CAUSE OF ACTION 4. Jurisdiction over the present matter is conferred on this Court by the General Laws of Massachusetts, Chapter 40A, Section 17. SEGAL,EDELSTEIN 5. On or about October- 22, 1984, the Planning Board helda aBUSSONIZ hearing on the appl i`cat i on of Sandra Lane Realty Trust ATTORNEYS:AT LAW fop a special permi t in order to construct a driveway 21 ERowmWAY within 100 feet of a tributary.. - BEVERLY.MASSACHUSETTS _ 01916 TEL.(617)927-2211 6. The said Board continuedthehearing to November 5, 1984, and again to November .25, 1984, and again to January 7, 1985 and again to January 21 , 1985, all to the detriment of the Petitioners, and violated Section 10 .3 of the zoning by-laws by holding a public hearing after sixty-five (65) days from this application for the special permit . 7. The application for the special permit filed by the Defendant , Sandra Lane Realty Trust , did not comply with the Rules and Regulations of the said Planning Board and should not have been assigned fora hearing; and therefore, the Defendants comprise the said Planning Board violated the said Rule's and Regulations by assigning the said application for a hearing. 8. On or about January 21 , f9859 the said Planning Board voted to grant the special permit to, the Sandra Lane Realty Trust and said decision was filed with the Town Clerk of North 'Andover , MA on January 31 , 1985. A certified copy of said decision is annexed hereto as Exhibit A. 9. The special permit applies to the construction of a driveway .on tot 32A subject to an easement on Lot 308 for the purpose of constructing a driveway. However , no special permit was granted for the construction of- a driveway on Lot 30B which is within 100feetof the tributary. Therefore , the decision pertaining to Lot 32A is of no force in that it is contingent upon the Board's further action . 10 The said Planning Board exceeded its authority by granting the said special permit as the Conservation Commission has exclusive jurisdiction over construction in wetlands (MGLA Chapter 131 Section 40) . 11 . The zoning by-laws of the Town of North Andover violates the General Laws as there is no power in a special permit granting , authority to grant a special permit to ' construct closer to a tributary than that stated in the by-law. 12. The Defendant , Planning Board, exceeded its authority by granting the said special permit since the statutory prerequisites of 'General Laws Chapter 40A, Section 10 were not satisfied by any evidence presented at the aforesaid hearing, SEGA1.,EDELSTEIN &auSSONE 13. The Plaintiffs are persons aggrieved under Chapter 40A9 ATTORNEYS,+T LAW Section 17: ,by . the action of the Defendant , Planning 21 BROADWAY Board, in granting said special permit . BEVERLY;MASSACHUSETTS 01015 - - TEL.(6t7)527-2211 14. The Defendant , Planning Board, has violated the provisions , of Massachusetts General Laws. Chapter 40A and its decision exceeds the authority of the Board. Wherefor the Plaintiffs pray: 1 . That the Notice of Decision O'f the Defendant Planning Board, filed with the Town Clerk on January 31 , 1985 granting a special permit to Sandra Lane Realty Trust be annulled. 2. That the vote of the Defendant Planning Board be annulled. 3. That the Defendant , Sandra Lane Realty Trust , be enjoined from proceeding in any way under power for permission received from the Defendant , Planning Board, through its veto ,of- January 21 , 1985. 4. That ' costs including attorney's fees be awarded to the Plaintiffs. 5. That thisCourtgrant to the Plaintiff such other and further relief as may be just and proper . Respectfully submitted, The Plaintiffs by their Attorneys SEGAL,' EDELSTEIN & BUSSONE J rome A -Segal - -- n!" Broadway ,eerly, MA 01915 (617) 927-221.1 Dated February 19, 1985. SEGAL,€DELSTEIN &BUSSONE , ATTORNEYS AT LAW 21 BROADWAY BEVERLY,MASSArHUSETTS 01915. TEL.(617).®27-2211 RECEIVED - DANIEL LONG MUM fflfl TOWNCLFRK T43WN OF NORTH ANDOVER NORTH ANDOVER MASSACHUSETTS JAN Any `appeal shall bb f l d HORIq .. o within (20) days aftLif thi a date of filing of thIA NotICD in the Office of tho Tm -••,....•:FSS Clerl ,=- - "84CMOSf� , 16ya] - NOTICE OF DECISION x7 Date. TA"ARX 31.; 1M.: . Date of .Hearing`,1Q[22 and 11/5-1984 Petition of . . . . . Si.,DRA.LANE.R]ALT Y.TRUST. . . . . . . . . . . . . Premises affected • !.OT,32A• SANDRA LANE.,. NORTH ANDOVER, MA . . . . . . . . . . . . . . v v� . . Referring to tl.e above petition for a special permit from ;the requirements =' . of the . . )IO�tTH ANDOVER, ZONING• BYLAW SECTION 4. 133(d) . . permit so as to THE CONSTRUCTION OF A PORTION OF DRIVEWAY TO ACCESS LOT 32A • . . . . . , . . .$ANIZFA ,L,A,NE WITHIN 70 FEET. OF. THE Y - • WETLAND TRIBUTARY : u After a public hearin ; . g given on the above date the PIanning Board voted to -.GRANT • .the SPECIAL PERMIT (SEE ATTACHED ORDER OF" CONDITIONS) based upon the followingconditions: >•t` - • Signed 10HK A.; BJJR".. -10J I A•. +1/MS.P. �1Rra�1 Fgk f E$ZCH W.. X9.2.T.Z5�111. . planning Bdard MUMBQ�BO AnY�� a' �il �b� thl RECEIVED r M DANIE!_ -�y�tv N OF N ORT H ANDOVER date of filing of No W166 TOW4 ClEitK MASSACHUSETTS In the Office Of tht TOWR NORTH A:,UOVER JAN 31 1 38 PH '85 Clerk. D t s 7s SA MUSS C January 31, 1985 Mr. Daniel Long, Town Clerk Town Office Building 120 Main Street North Andover, MA 01845 Re: Sandra Lane Realty Turst — Special Permit Watershed Lot 32A Sandra Lane, North Andover, MA Dear Mr. Long: The North Andover Planning Board held a .public hearing on Monday evening, October 22, 1984 in the Town Office Meeting Room upon the petition of Sandra Lane Realty Turst. The hearing was duly advertised in the Lawrence Eagle Tribune on October 7, and 14, 1984. All abutters were notified by regular mail. Said public hearing was continued by the Plan- ing Board to two consecutive meetings - November 5, 1984 and November 26, 1984. The following members of the board were present at the 10/22/84 and 11/5/84 hearing, and January 7 and 21, 1985 meetings: Michael P. Roberts, Vice Chairman; John A. James, Jr. Clerk; John J. Burke; and Erich W. Nitzsche. The following members were present at the 11/26/84 hearing Paul A. Hedstrom, Chairman; Michael P. Roberts, Vice Chariman; John J. James, Jr. , Clerk; John J. Burke; and Erich W. Nitzsche. The petitioner seeks a Special Permit under Section 4.133(d) of the North Andover Zoning Bylaw, which requires a Special Permit to allow construction to occur within 100 feet of a tributary in the Lake Cochichewick Watershed District. The premises is known as Lot 32A Sandra Lane; bordered on the north by N/F Pernokas; east by N/F Sandra Lane Realty Trust; south by Sandra Lane and west by N/F Lamprose and Segal. The lot has an area of 65,443 square feet with 132 feet of frontage. It is in a Residential - 3 (R-3) and Lake CochichewiRk Zoning District. The purpose of the application is to permit alteration of land within 55 feet of the wetland tributary so as to construct a driveway. The continuance of the public hearing was_based ,on the following: October 22, 1984 Hearing; - Mr.-Shaboo, Project Engineer for Mr. James Philbin of Sandra LaneRealty Trust was unable to attend the hearing for presentation. - There was testimony and concensus among the abutters present opposing the construction of the driveway within 100 feet of a wetland tributary. -.Page 2 Sandys Lane Realty Trust • Lot 32A RECEIVED DANIEL LONG - The Planning Board requested the following outlined informatio TOYH CLERK �10RTH Al{GbVER o Provide a locus plan of the site, along with topographic JAN 31 1 38 P IS contours, locations of ponds in reference to the driveway. o Permit an on-site inspection on the lot by the board and stake the corner of the drive. o Have an Engineer knowledgeable of the proposal attend the next hearing set for 11/5/84. November 5, 1984 Hearing: - The revised plans dated 11/2/84 were presented to the Planning Board. - The Engineer stated the primary reason for locating the drive within 55 feet of the tributary is to maintain the natural buffer between the abutting property. - The abutting property owners, Segal, indicated, in testimony that there could be another alternative access, but the applicant has not investigated the options. - The applicant stated that Sutton Hill Rd. is the only access. Access from Glen Road is not an available option. - The Planning Board requested revised plans to include all of the following information: o Sewer and water connection. o Alternative location of access to dwelling. o Submit plans at the continued hearing. o Forward copy of North Andover Conservation Conditions. - The Engineer requested a continuance. November 26, 1984 Continued Hearing: - Revised plans dated 11/13/84 were presented, however no alternative access was shown. - The Conservation Commission's Order of Conditions were appealed to DEQE. A motion was made and seconded to close the public hearing and take the matter under advisement. January 7, 1985 Meeting: - Discussion was continued regarding the applicants hardship, that if the permit was not granted there would be no access to the site. Thus rendering the land undevelopable. - The Planning Board requested the applicant to resubmit plans showing the driveway access as far away from the wetland tributary as possible. These plans are to be reviewed at the next meeting. .-Page; 3 Sandra Lane Realty Trust Lot 32A RECEIVED DANIEL LONG TOWN CLERK January 21, 1985 Meeting: NORTH ANDOVER The revised plans were presented showing that portion of'{����lri�ecy�e the board for Special Permit, 70 feet(the maximum permissable his ante o t tributary instead of 55 feet. Upon the motion made by John J. Burke and seconded by John A. James, Jr. ; the Planning Board unanimously VOTED: To grant the petition, and plan entitled Proposed House Location on Sandra Lane in North Andover, dated 9/29/84, revised 1/11/85 by Flynn Assoc. , P.C. , for Lot 32A Sandra Lane subject to the following: 1. Only the proposed work shown on the above referenced plan shall be , allowed under this permit. Any minor changes meeting the intent of said plan and determined to have less of an impact on the Lake's watershed must be approved by the Planning Board prior to implementation in the field. 2. An easement shall be provided on Lot 30B for the purpose of allowing a driveway access to Lot 32A. Approval from the Public Works Dept. to construct a driveway over a sewer easement must be submitted before construction. . 3. The applicant will forward the 'Glen Road' agreement to the Planning Board which states the limitation of its use by no more than two (2) house lots(prior to construction) . 4. Construction shall coincide with the required mitigating measures: - ro a. Prevent the removal of soils from the property; Y; b. Provide temporary siltation control in the form of a silt - fence and/or staked hay bales within ten feet of the driveway and 20 feet of the dwelling; - c. Provide permanent siltation control in the form of loam and seed or bark mulch; d. Prevent the use of fertilizer on the grassed areas; e. Construct the driveway with slopes such that road salts will not be necessary; The present grade of the easement shall not be altered; il, gasoline or other fuels on the f. Forbid the storage of o property during the construction period; g. Provide rubbish removal and sanitary facilities for the contractor and the crew during construction. In granting this Special Permit, the Planning Board finds, pursuant to Section 10.31 - r Conditions for Approval of Special Permits of the Zoning Bylaw, that .the following conditions are met: 1. Lot 32A is appropriate for the construction of an access driveway to the proposed single family dwelling; Page 4 Sandra Lane Realty Trust Lot 32A The residential use permitted in that zoning district will not adversely 2. affect the surrounding residential neighborhooe Lakeatandhis�ascontinuaince tion of act to th impact minimize an P are plans and conditions minim y of its allowed surrounding istrd tial uses; and exceeds the minimum square footage in the R-3 Zoning 3. In compliance with conditional a-. or pedestrians;l, there be no nuisance or serious detrimental hazard to vehicles or p ro s(water and sewer) will be provided 4. Adequate and appropriate facilitieproper and efficient operation of the proposed on the site to service the prop residential use; 5. Based on site visits, the public hearing process, and review and input b appropriate town boards and departments, the driveway use is considered to y general purpose and intent of the North Andover Zoning be in harmony with the Bylaw. Sincerely, Michael P. Roberts Vice Chairman MPR:awt cc: Highway surveyor Board of Public Works Board of Health a Conservation Commission Fire Chief Building Inspector Applicant s Attorney for Applicant x x tri nao Parties in Interest -- �n 3�c')r-m vo r- m'Kc'X w � py f hAnyING HIH ,0lir appeal shall be filed Ct V TOWN O F NORTH A N D O V E R Within (20) days after the NGaT ! .To4YER MASSACHUSETTS date of filing of this Notice l in the Office o1 the Town JAN Was Clerk. M x January 10, 1985 Mr . Daniel Long, Town Clerk Town Office Building North Andover, Mass. 01945 Re: Sandra Lane Realty Trust - Special Permit - Watershed District Lot 30B - Sandra Lane, North Andover, Mass. Dear Mr . Long: The North Andover Planning Board held a public hearing on Monday evening, October 22, 1984 in the Town Office Meeting Room upon the application of Sandra Lane Realty Trust. The hearing was advertised in the Lawrence Eagle Tribune on October 7 and 14, 1984 and all a'autters were notified by regular mail . The following members were present and voting: Michael P. Roberts , Vice Chairman; John J. James, Jr . , Clerk; John J. Burke; and Erich W. Nitzsche. The petitioner seeks a Special Permit under Section 4.133 (d) of the North Andover Zoning By Law which requires a Special Permit to allow construction to occur within 100 feet of a tributary in the Lake Cochichewick Watershed. The premises is known as Lot 30B, Sandra Lane, bordered on the North by Glen Road/Sutton Hill Road, on the South by land N/F of Levine, on the East by land N/F of Nazarian and Nelson. The lot is both situated in the Residential-3 (R-3) and Watershed Zoning Districts . Said lot possesses 100, 768 square feet of area and 125 feet of frontage on Sandra Lane . At the hearing, the applicant , Mr . James Philbin$ informed the Planning Board that his engineer , Mr . Alfred Shaboo, was not available for presentation that evening. Mr . Philbin did inform the Board that the dwelling will be connected to the sewer line. Several abutters spoke in opposition voicing their concern over the PP 9 necessity of locating the house so close to the wetland tributary. RECEIVED Sandra Lane Realty Trust DANIEL CLERK Lot 30B - Sandra Lane TOWN NORTH ANDOVER Special Permit - Watershed District January 10, 1985 11 ' 51 rX" Page a JM MI Is The Planning Board continued the hearing to their November 5, 1984 meeting and requested the following information: - status of Glen Road - use of Glen Road as a common driveway - revised plans to include locus , contours , locations of ponds and distances to dwellings - attendence of engineer for proper presentation and review The November 5, 1984 public hearing was opened with the same members present at the October 22, 1984 meeting. Mr . Shaboo, project engineer , stated he had only met briefly with the owner to discuss the events of the previous meeting. His discussion continued regarding the reason for locating the dwelling within 100 feet of the tributary as shown on the revised plans dated November 2, 1984. The major reason for locating the structure in the buffer zone is to minimize the aesthetic impact on abutters and to preserve the larger trees on Lot 30B. Several abutters to the property stated that they preferred encroachment in order to minimize the impact of construction on the ponds and ultimately Lake Cochichewick . Mr. Erich Nitzsche, member of the Board, made the following requests from the engineer: show the sewer and water line on the plan pull the house out of the 100 foot buffer zone - have these plans ready for the next meeting The Planning Board continued the hearing to November 26, 1984 in order to review revised plans showing dwelling locations out of the Special Permit jurisdiction. The November 26, 1984 public hearing was opened. All members of the Planning Board were present: Paul A. Hedstrom, Chairman; Michael P. Roberts , Vice Chairman; John A. James, Jr. , Clerk; John J. Burke; and Erich W. Nitzsche. New plans were presented to the Board showing the change in house Location which would not necessitate a Special Permit from the Board . The Planner informed the Planning Board members that Tree Warden Leo Lafond inspected said premises and reported the following: Sandra Lane Realty Trust RECEIVED DANILot 30B - Sandra Lane TOWN LCRO.N TOWt! CLE 5r�ecial Permit - Watershed Distict 11fiRTW ANOIR January 10, 1985 Page 3 Jail t SONVO the worth of preserving the pond area in the Watershed far outweighs that of keeping the trees on the site. if the trees remained and the house constructed in the proposed location, the change in the water table due to landscaping and alterations would destroy the trees within a short period of time. the trees are rather old and large, and not a species unique to the area. The hearing was closed and the matter taken under advisement . The Planning Board rendered a decision on Monday, January 7, 1985 tiaith the following members present and voting: Michael P. Roberts , Vice Chairman; John A. James, Jr . , Clerk; John J. Burke; and Erich W. r4itzsche. Upon a motion made by Mr . Nitzsche and seconded by Mr. James, the Board voted three to one, with Member Burke voting in opposition, to deny the petition and plan entitled "PROPOSED HOUSE LOCATION ON LOT 30-B, SANDRA LANE IN NORTH ANDOVER, MASS. , BY FLYNN ASSOCIATES, DATED SEPTEMBER 24, 1984, REVISED NOVEMBER 2, 1984 AND NOVEMBER 13, 1984 for the following reasons: I. The applicant has not demonstrated that the construction of this dwelling, within 35 feet of the tributary, will have less of an impact on the tributary and watershed than if the dwelling was located outside the 100 foot buffer zone. 2. The 100, 768 square feet of land area clearly exceeds the 25, 000 minimum area requirement in the R-3 zoning district, and therefore can accommodate the dwelling in another location. 3. The applicant has not exercised the various options of relocating this dwelling on the site. 4. Information and legal documentation has not been submitted to the Planning Board as requested regarding the status of Glen Road. 5. The location of the high water mark or 280 foot contour has not been verified as the edge of a wetland tributary. Drainage and flood calculations have not been submitted and the Board is of the opinion that the dwelling does not provide proper protection from a 100 year storm or any major storm. In denying this Special Permit request, the Planning Board, pursuant to Section 10.31 - Conditions for Approval of Special Permits of the Zoning By Law, finds the following: RECEIVED Sandra Lane Realty TrustlA IELLOHG Lot 30B - Sandra Lane j0 N �L L "R WORTH AHD�ffi Special Permit - Watershed District January 10, 1985 t... j Page 4 An 1 . The proposed dwelling as shown on Lot 30B, Sandra Lane, is not the appropriate location for such a use; 2. The use as developed within 35 feet of the tributary will have adverse affects on the neighborhood and in the Watershed District. The applicant has failed to prove otherwise; 3 . Based on site visits , the public hearing process and testimony from town boards and departments , the location of the use in not in harmony with the general purpose and intent of the town' s Zoning By Law, specifically, Section 4.133. "The Waterhsed District surrounding Lake Cochichewick, our source of water supply, is intended to preserve and maintain the filtration and purification function of the land, the ground water table, the purity of the ground water and the lake, to conserve the natural environment and to protect the public health, safety, and welfare. " Sincerely, PLANNING BOARD Michael P. Roberts , Vice Chairman MPP./jw cc Applicant DEQE Highway Surveyor Board of Public Works Tree Warden Police Chief Fire Chief Conservation Commission Board of Health Building Inspector Assessor Abutters RECEI P 6 A M n I h G D 0 A 8 D Any appeal shall be filed DANIEL LONG TOWED CLQ K within (20) days after the N(JI M ANDOVER TOWN OF NORTH ANDOVER date of filing of this Notice MASSACHUSETTS in the Office of the Town JAS Clerk. �iORTI/ A s`4uRUetl January 11, 1985 Mr . Daniel Long, Town Clerk Town Office Building North Andover , Mass . 01845 Re: Sandra Lane Realty Trust - Special Permit - Watershed District Lot 33A - Sutton Hill Road• North Andover, Mass. Dear Mr . Long: The North Andover Planning Board held a public hearing on Monday s:,vening, October 22, 1984 in the Town office Meeting Room upon the petition of Sandra Lane Realty Trust. The hearing was duly advertised in the Lawrence Eagle Tribune on October 7 and 14, 1984 and all abutters were notified by regular mail . Said public hearing was continued by the Planning Board to two consecutive meetings - November 5, 1984 and November 26, 1984. The following members were present at the October 22, 1984 and November 5, 1984 hearings: Michael P. Roberts, Vice Chairman; John A. James, Jr. , Clerk; John J. Burke; and Erich W. Nitzsche . The following members were present at the November 26, 1984 hearing: Paul A. Hedstrom, Chairman; Michael P. Roberts , Vice Chairman; John A. James, Jr . , Clerk; John J. Burke; and Erich W. Nitzsche . The petitioner seeks a Special Permit under Section 4.133 (d) of the North Andover Zoning By Law, which requires a Special Permit to allow construction to occur within 100 feet of a tributary in the Lake Cocl-iichewick Watershed District . The premises is known as Lot 33A Sutton Hill Road, bordered on the North by land N/F of Segal; on the Feist by Sutton Hill Road; on the West and South by Lot 32A N/F of Sandra Lane Realty Trust . The lot has an area of 43, 695 square feet witl, 260 feet of frontage . It is in a Residential-3 (R-3) and Lake Cochichewick zoning district . The purpose of the application is to permit construction of a dwelling within 65 feet and a driveway within 38 feet of a tributary to the lake. pRECEIVEDg TOWN C LON Sandra Lane Realty Trust N Lot 33A - Sutton Hill Road NORTH A 041 V9R S2ecial Permit - Watershed District January 11, 1985 JM ( ( 31PI P�-i.qe 2 The continuance of the public hearings were based on the following: October 22, 1984 hearing: - ylr . Alfred Shaboo, project engineer for Mr. James Philbin of Sandra Lane Realty Trust, was unable to attend the hearing for presentation. - There was testimony and consensus among abutters present opposing the construction of the dwelling within 100 feet of a wetland tributary in the Watershed District . - The Planning Board requested the following outlined information: provide a locus plan of the site, along with topographic contours , locations of ponds in reference to the dwelling permit an on site inspection on the lot by the Board and stake corners of the dwelling and driveway. have an engineer knowledgeable of the proposal attend the next hearing set for November 5, 1984. November 5, 1984 continued hearing: - The revised plans dated November 2, 1984 were presented to the Planning Board. - The engineer stated the primary reason for locating the dwelling and driveway within 100 feet of the tributary is to create an additional 30 foot setback from Segal' s property line, otherwise removal of the shrubbery would be necessary. - Mrs. Segal, the abutter to said lot , preferred that the dwelling be located closer to her property if it were to preserve the integrity of the tributary in the Watershed. - The Planning Board requested revised plans to include all of the following information: sewer and water line connection location of house and drive outside the buffer zone plans shall be submitted for next meeting forward copy of North Andover Conservation conditions The engineer requested that the hearing be continued. RECEIVED Sandra Lane Realty Trust DANIEL LONG Lot 33A - Sutton Hill Road TOWN CLER-�f NORTH !Att00YI:11 Special Permit - Watershed District January 11, 1985 jail 1 51 IN Page 3 November 26, 1984 continued hearing: - Revised plans dated November 13, 1984 were presented showing one possible relocation of the house, without the relocation of the driveway. - The engineer stated that the alternative location disrupts the natural buffer that exists next to the Segal property. - The Conservation restrictions were issued by the state DEQE, as a :result of an appeal from the local Conservation Commission conditions . A motion was made and seconded to close the hearing and take the matter under advisement . At the Planning Board' s January 7, 1985 regular scheduled meeting, the following members were present: Michael P. Roberts, Vice Chair- man; John A. James , Jr. , Clerk; John J. Burke; and Erich W. Nitzsche . Upon a motion made by Mr. Nitzsche and seconded by Mr. Burke, the Board voted unanimously to deny the petition and PLAN DATED SEPTEM- BER 24, 1984, REVISED NOVEMBER 2, 1984 AND NOVEMBER 13, 1984 BY FLYNN ASSOCIATES, P.C. , FOR LOT 33A SUTTON HILL ROAD for the following reasons: 1.. The applicant has not demonstrated that the construction of this dwelling and driveway, in addition to the associated alteration of the land within 38 feet of the wetland tributary will have less of an environmental impact on the tributary and watershed than if the construction were situated elsewhere on the lot'. 2. The 43, 695 square feet of land area can accommodate the relocation of the dwelling and driveway. The applicant and engineer have not pursued any of these options . 3. The location of the high water mark or 280 foot contour has not been verified to be an adequate determination as being the edge of the wetland tributary. 4. The Planning Board is of the opinion that the disturbance of natural vegetated buffer is not a substantial reason for encroachment into the wetland tributary. 5. Drainage and flood calculations have not been submitted and the Board is of the opinion that the dwelling does not provide proper protection from the 1.00 year storm or any major storm. RECEIVED Sandra Lane Realty Trust DANIEL LONG Lot 33A - Sutton Hill Road TOWN CLERK Special Permit - Watershed District NORTH ANDOVER Ap January 11, 1985 ju Page 4 In denying this Special Permit request, the Planning Board, pursuant to Section 10.31 - Conditions for Approval of Special Permits of the Zoning By Law, finds the following: 1 . The proposed dwelling and driveway as shown on Lot 33A Sutton Hill Road is not the most appropriate location for such uses due to their close proximity to the wetland tributary which is in the town' s watershed. 2. The use as developed which would include a driveway within 38 feet and dwelling within 65 feet of a tributary will have adverse affects on the neighborhood and the Watershed District . The applicant has failed to prove otherwise . 3. Based on site visits , the public hearing process and testimony from town boards and departments , the location of the use is not in harmony with the general purpose and intent of the town' s Zoning By Law, specifically, Section 4.133. "Watershed District surrounding Lake Cochichewick, our source of water supply, is intended to preserve and maintain the filtration and purification function of the land, the ground water table, the purity of the ground water and the lake, to conserve the natural environment and to protect the public health, safety, and welfare" . Sincerely, PLANNING BOARD C���y� Michael P. Roberts, Vice Chairman 7w cc Applicant DE4E Highway Surveyor Board of Public Works Tree Warden Police Chief Fire Chief Conservation Commission Board of Health Building Inspector Assessor Abutters T3WN OF NORTH ANDOVER MASSACHUSETTS f pONTN MEMORANDUM TO: Daniel Long, Town Clerk FROM: Michael P. Roberts, Chairman DATE : June .11, 1985 SUBJ. : Lot 32A Sandra Lane, Special Permit The purpose of this memorandum is to formally notify you that the decision filed on January 31, 1985 regarding Sandra Lane Realty Trust contains a typographical error on page three (3) , item two (2) of the conditions in the motion. It should read as follows : �. An easement shall be provided on Lot 33A for the purpose of allowing a driveway access to Lot 32A. Approval . . . . . . . . . . Kindly incorporate this change with the original decision. VIA000Y Haft U313 NMI ON01 i31 GAMIN ,ane Realty Trust r o A RECt!M DAN:FI. tJNG anuary al, 1985 Meeting. 70Y''1,! +.hK NOR,h , -< 9YER The revised plans x ere presented showing that portion ofoke3pri�ev�3Y�j re the board for Special Pet.ni,., 70 feet(the maximum permissable istance ¢??o 1I,tip tributary instead of 55 teet. Upon the motion made ' y John J. Burke and seconded by John A. James, Jr. ; the Planning Board unanim=u ly VOTED: To grant the petition and plan entitled Proposed House Location on Sandra Lane in North Andover, dated 9/29/84, revised 1/11/85 by Flynn Assoc., P.C. , for Lot 32A Sandra Lane subject to the following: 1. Only the proposed work shown on the above referenced plan shall be allowed under this permit. Any minor changes meeting the intent of said plan and determined to have less of an impact on the Lake's watershed must be approved by the Planning Board prior to implementation in the field. 2. An easement shall be provided on Lot 30B for the purpose of allowing a driveway access to Lot 32A. Approval from the Public Works Dept. to construct a drivew.:y ,er a sewer easement must be submitted before construction. 3. The applicant ill forward the 'Glen Road' agreement to the Planning Board which states t-e limitation of its use by no more than two (2) house lots(prior to cons: ru-tic-.) . 4. Construction slsl coincide with the required mitigating measures: a. Prevent the removal of soils from the property; b. Provide tenporary siltation control in the form of a silt fence and/or staked hay bales within ten feet of the driveway and Z0 'feet of the dwelling; c. Provide permanent 'siltation control in the form of loam and seed or bark mulch; d. Prevent the use of fertilizer on the grassed areas; e. Construct the driveway with slopes such that road salts will not be nt-�essary; The present grade of tile easement shall not be altered; f. Forbid 'he Storage of oil, gasoline or other fuels on Che property du ing the construction period; g. Provide ri5bish removal and sanitary facilities for the contractor nd the crew during construction. In granting this Special Pe�eni: , the Planning Board finds, pursuant to Section 10:31 - Conditions for Approval f <peeal Permits of the Zoning Bylaw, that the following conditions arG. met: 1. Lot 32A is api.>ropriate for the construction of an access driveway to the proposed single family dwelling; lt�CE1V£fl SEGAL, EDELSTEIN & BUSSONE 1uIlCL R ATTORNEYS AT LAW 174 fl 00 21 BROADWAY M� ! BEVERLY, MASSACHUSETTS 01915 RALPH J.EDELSTEIN 927-2211 JEROME A. SEGAL 774-2197 THOMAS BUSSONE,II AREA CODE 017 MICHAEL EDWARD CASEY February 20, 1985 Town Clerk Town of North Andover North Andover, MA Re: Appeal from decision of Planning Board granting a special permit to Sandra Lane Realty Trust - filed January 31, 1985 Dear Sir : Notice is hereby given that Robert B. Segal and Maralyn Segal of Sutton Hill Road, North Andover, AIA have filed an appeal from the above decision of the North Andover Planning Board in the Essex County Superior Court, a copy of said appeal is annexed hereto. Very truly yours, SEGAL, EDELSTEIN & BUSSONE C:;4rome A gal JAS:ea enc. HAND DELIVERED TYPE OR USE BALL POINT PEN—BEAR DOWN FIRMLY MASSACHUSETTS TRIAL COURT SU OR8VRT DEPARTMENT CIVIL ACTION COVER SHEET fro SS. (To be filed with each Complaint) NO. 41G PLAiNTiFF(S) DEFEND A�(S) c ATTORNEY[$ (Firm Na' Address,Address,Tsl.) ATTORNEYS)(If known) S 6-1 a / .�c /S 1F-r: •t��yygr�-c1 e..S S� :+ Y 1?Crr t 7 A& (tet BBO Place an® in ona box only ORIGIN 5k1. F01 Complaint 0 4. F04 Dist.Ct.Appeai c.231,8.97 ❑ 2. F02 Removal to Sup. Ct.C.231,SAD4 ❑ S. F05 Reactivated after Rescript;Relief 3. F03 r.Retransfer to Sup. Ct.c.231,s.102C from judgment/order(Mass.R.CW.P.60) Plane an 0 In one box only NATURE OF ACTION CONTRACT REAL PROPERTY MISCELLANEOUS ❑ A01 Services.labor and materials ❑,C01 Land taking (eminent domain), l7 E02 Appeal from administrative agency, [3 A02 Goods sold and delivered iS CO2 Zoning appeal,Q.L.c.40A Q.L."O.A E] A03 Commercial paper ❑"CO3 Dispute concerning title Q E03 Action against Commonwealth or ❑ A08 Sale or lease of real estate p C04 Foreclosure of mortgage Municipality.G.L.c.2b8 ❑ A99 Other(specify) ❑ C99 Other(specify) 0 E04 Taxpayer suit,Q.L.0.40 9.53 p E06 Confirmation of arbitration awards, TORT O.L.c.251 EQUITABLE REMEDIES ❑ 1206 Massachusetts Antitrust Act, [3 B03 Motor vehicle negligence-personalG.L.c.93 Injury/property damage D D01 Specific performance of contract- p E08 Appointment of receiver ❑ 804 Other negligence-personal injury O D02 Reach and apply,G.L.c.214, r 3(e)-(9) ❑ E09 'General contractor's surety bond, property damage s. B05 Products liability O 006 Contribution or irtdemnif cation G.L.marry roces ap C'] ty ❑ E10 Summary prooeatt appeal ❑`BD6 Maipractlee-medical 0 D07 Imposition of trust p E71 Workman's Compensation Q 607 Malpractice-other ❑ 008 Minority stockholder's suit ❑ E12 Small Claims Appeal (specify) ❑ D10 Accounting ❑ E13 -Labor Dispute ❑ 808 Wrongful death,G.L. c.229,9.2A 0 D12 Dissolution of partnership ❑ E14 Chapter 123A Petition•—SDP ❑ 815 Defamation (libel-slander) ❑ D13 Declaratory Judgment,G.L. a231A ❑ E15 Abuse Petition,G.L.C.209A 899 Other(specify) [3 D99 Other(specify) _ ❑ E16 Auto Surcharge Appeal ❑ E1T -Civil Rights Act,G.L.c.12,sa.11H-1 ❑ E99-Other(specify) 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). SIGNA RE OF ATTORNEY OF RECORD DATE: �(O E USE ONLY-DO NOT WRITE JWMW THIS LINE) RECEIVED DISPOSITION BY: A. Judgment Entered B. No Judgment Entered DATE: • ❑ 1. Before jury trial or non-jury hearing 0.6. Transferred to District Court DiSP ENTERED .02. During Jury trial or non-jury hearing under G.L.c.231,s1020 .03. Atter jury verdict BY: 04. After court finding DATE: ❑ 6. After post trial motion` Disposition date CLERK'S OFFICE COPY n,r�nrt3_m r s�A vvwYlYl V{Y is._..-. . ,. ,,.. ...-..rsv+'l l/iiri .a •' ' ' SS Superior Court Department Statement of Damages Pursuant to Superior Court Rule 29 To Prevent Transfer to District or Municipal Court Departments (Applicable to Civil Actions) 1. This action Is not subject to Rule 29 Remand for the following reason(s): (concise statement as to why this action is not remandable, e.g., party seeking equitable relief, ,declaratory judgment,action against commonwealth of municipality,etc.) / ,/f i( C 2. This action is subject to Superior Court Rule 29 and the following detailed statement pursu- ant to Rule 29 sets forth the facts in full and Itemized detail upon which the plaintiff,relies as constituting the damages In this action: (if tort action,for example, specify doctors bills, hospital bills, out of pocket expenses, etc. that would warrant areasonable likelihood that recovery will exceed $7,500.) (if contract action, state with particularity damages which would warrant a reasonable likelihood that recovery will exceed$7,500.) i' Cnk- -4-.r r /1 w .. n 4y r-n ,rc� 01(sts) r (signature of attoiriiy or pro Be) { s 1 i i l COMMONWEALTH OF MASSACHUSETTS ESSEX, SS: SUPERIOR COURT CIVIL NO --------- ------------------------- MARALYN SEGAL AND ROBERT B SEGAL, Plaintiffs VS. PAUL A. HEDSTROM, MICHAEL P. ROBERTS, JOHN J. BURKE, ERICH W. NITZSCHE, JOHN A. JAMES, JR. ZONING APPEAL as they constitute the Planning Board of the Town : of North Andover and JAY PHILBEN, Trustee of the SANDRA LANE REALTY TRUST,, Defendants Now come the Plaintiffs in the above-entitled action and invoking the provisions of Massachusetts General Laws, Chapter 4CLA, Section 17, sayas follows. PARTIES 1 . The Plaintiffs, . Robert B. Segal and Maralyn Segal reside in the Town of North Andover , Massachusetts, and are owners of the land and buildings at Sutton Hill Road, North Andover, Massachusetts, which land abuts Lot 32A Sandra Lane in said Town. 2 . The Defendants, Paul A. Hedstrom, 30 Oakes Drivel Michael P. Roberts, 479 Waverly Road; John J. Burke , _65 Hillside Road; Erich W. Nitzsche , 1253 Salem Street ; and John A. James, Jr , , 132 Brentwood Circle , all reside in said Town and are all, the members of the Planning Board of the Town of North Andover . 3. The Defendant , Jay Phiibin , Trustee of the Sandra Lane Realty Trust , is the applicant who petitioned the Planning Board of North Andover to grant a special permit under , the zoning by-laws of the Town of North Andover for construction to occur within 100 feet of a tributary. CAUSE OF ACTION 4. Jurisdiction over the present matter is conferred on this Court by the "General Laws of Massachusetts, Chapter 40A, Section 17. 5. On or about October 22, 1984, the Planning Board held a hearing on the application of Sandra Lane Realty Trust for a special permit in order to construct a driveway within 100 feet of a tributary. SEGAL EDELSTEIN. &BUSSONE ATTORNEYS AT LAW 21 BROADWAY s BEVERLY.MASSACHVSETTS 01915 TEL.(0171 927-221t o . The said Board continued the hearing to November 5, 1924, and again to November 26, 1984, and again to January 7, 1985 and again to January 21 , 1985, all to the detriment of the Petitioners, and violated Section 10 .3 of the zoning 'by-Laws by holding a public hearing after sixty-five (65) days from this app-lication for the special permit . 7. The application for the special permit filed by the Defendant , ' Sandra Lane Realty Trust , did, not comply with the Rules and Regulations of ,the said Planning Board and should not have been assigned for a hearing; and therefore , the Defendants comprisppq the said Planning Board violated the said Rules and; Regulations by assigning the said application for a hearing. 8 . On or about January 21 , 19859 the said Planning Board voted to grant the special permit to the Sandra Lane Realty Trust and said decision was filed with the Town Clerk of North Andover, MA on January 31 , 1985. A certified copy of said decision is annexed hereto as Exhibit A. 9. The special' permit applies to the construction ' of a driveway on Lot 32A subject to an easement on Lot - 308 for the purpose of constructing a driveway. However, no special permit was granted for the construction of `a driveway on Lot 30B which is within 100 feet of the tributary. Therefore , the decision pertaining to Lot 32A is of no force to that it is contingent upon the Board' s further `action. 10 . The said Planning ` Board exceeded its authority by granting the said special permit as the Conservation - Commission has exclusive jurisdiction over construction in wetlands (MGLA Chapter 131 Section 40) . 11 . The zoning by-laws of the Town of North Andover violates the General taws as ;there is no power in a special permit granting authority to grant a special permit to construct closer to a tributary than, that stated in the by-taw. 12. The Defendant , Planning Board, exceeded its authority by granting the said special permit since thestatutory prerequisites of General Laws Chapter AOA, Section 10 were not satisfied by any evidence+ presented at the aforesaid hearing. SEGAL.EDELSTEIN aBUSSONE 13. The Plaintiffs are persons aggrieved under Chapter 40A, ATTORNE YS AT LAWSection 1.7: by thea,action of the Defendant , Planning 21 BROADWAY. . Board, in -granting said special permit . BEVERLY,MASSACHUSETTS. OWS TEL.W17)927-2211 . 14. The Defendant, Planning Board, has violated the provisions of Massachusetts General Laws Chapter 40A and its decision exceeds theauthorityof the Board. Wherefor the Plaintiffs pray: 1 . That the Notice of Decision of the Defendant, Planning Board, filed with the Town Clerk on January 31 , 1985 granting _a special permit to Sandra Lane Realty Trust be annulled. 2. That the vote of the Defendant Planning Board be annulled. 3. That the Defendant , Sandra Lane Realty Trust , be enjoined from proceeding in any way under power or permission received from the Defendant , Planning Board, through its veto of January 21 , 1985. 4 . That costs including attorney's fees be 'awarded to the Plaintiffs. That this Court grant to the Plaintiff such other and further relief as may be just and proper . Respectfully submitted, The Plaintiffs by their Attorneys SEGAL, EDELSTEIN & BUSSONE J..-7 yl e A. Segaloadway Beverly, MA 01915 ( 617) 927-2211 Dated February 19, 19$5. SEGAL,EDELSTEIN &BUSSON9 ATTORNEYS AT LAW 21 BROADWAY BEVERLY.MASSACHUSETTS 01913 TEL.W7)927-2211 t �f r y , • i� dj� k ��� .•,,�,JJJJp*1��i�i����(/�y�jt• � y,' RECiGIVGV a' = DAHIEL LONG 10 H CLFRK TO W-K 0�' It­.'A Af D O q E R ?tORTH AtIDOVt:A> M A S S,A C 8 S R T T S Any appea) shall bid 1004' 3 �� ,.•,.I =t within (20) days aftflf tho date of filing of thta.hl IN x intide 0#ftc� ��/f till S{J1MI� : •" I b k _t Clerk.• e • . {' rr .p Lei 3 � � S..r P� �♦ .x�4 �)eTi{. #r ♦ y i .r . s F. j Y� • > NOTICE O . DECISION Date. JAMUL 31,: 1985. . . . .. . . ... . Date of. Hearing •14/$ .��d$. 1/,5.1984` rte,:.•.. - - Petition of . . . ..SIXI)U I.ANE.1tL=aTY.T11VU. . . .'. . . . . . . . . . . . . . . . . .. . . . . . . . . Pt'emises affected . .Lp;.,AZA SANDRA• ,L,AN'Ej "NORTH.ANDOVER, MA• • . b; . . . . . . . . . . G Referring *to tke above petition for a 'special "permit from the requirements of the No . 1pOV-j '?pprPG BYLAW,, gECTION 4.133{d) . . 'i 4 •• • • • • ♦ Y f Y' • • . • • • • • • • . • • • • .Y •.. 'T ` • • i • • . . I . • - so as to permit .T. CONSTRUCTION OF A PORTION OF DRIVEWAY.TO ACCESS LOT 32A• i • w . . . . . . . . . . . . . . . . . «. r: FALNNWHIN . FEETOF THE WETLAND TRIBUTARY :.$ D • . .. . .. . . . . ... . . . . .. . .. . .. ry After a public hearing given on the above date, the planning Board voted .to qi�T :the SPECIAL PERMIT s • • • . • Y • i •. • • . . . • . • • • •. .r• • . . . • • • . • • • i • • . Y . Y. • . Y . Y.i . .x....♦:. ..'G::.- ' ` t* (SEE ATTACHED ORDER OF CONDITIONS) based upon the following conditions. Signed yG>~.�Utl1? INiJ1 A.. BDRKl . aQAH A•. JAM 5.1. JR,,. ��W' ERICK A.. N.ITZPWF. . . . . . . . . . . . . . . . Lane Realty Trust RECEIVED ,t 32A DANIEL LONG - TOWN CLERK rThe Planning Board requested the following outlined informatio knfl TF 1,'_DYER o Provide a locus plan of the site, along with topographic JAN 31 138 PH '85 contours, locations of ponds in reference to the driveway. o Permit an on-site inspection on the lot by the board and stake the corner of the drive. o Have an Engineer knowledgeable of the proposal attend the next hearing set for 11/5/84. November 5, 1984 Hearing: The revised plans dated 11/2/84 were presented to the Planning Board. The Engineer stated the, primary reason for locating the 'drive within 55 feet of the tributary is to maintain the natural buffer between the abutting property. The abutting property owners', Segal, indicated in testimony that there could be another alternative access, but the applicant has not investigated the options. The applicant stated that Sutton Hill Rd. is the only access. Access from Glen Road is not an available option. - The Planning Board requested revised plans to include all of the following information: o Sewer and water connection. o Alternative location of access to dwelling. o Submit plans at the continuedhearing: o Forward copy of North Andover Conservation Conditions. The Engineer requested a continuance. November 26, 1984 Continued Hearing: Revised plans dated 11/13/84 were presented, however no alternative access was shown: The Conservation Commission's Order of Conditions were appealed to DEQE. A motion was made and seconded to close the public hearing and take the matter under advisement. January 7, 1985 Meeting: Discussion was continued regarding the applicants hardship, that if the permit was not granted there would be no access to the site. Thus rendering the land undevelopable. The Planning Board requested the applicant to resubmit plans showing the driveway access as far away from the wetland tributary as possible. These plans are to be reviewed at the next meeting_ x . _-a Lane Realty Trust .ot 324 REC[IYr:D DANIEL LONG TOW4 CL[RK January 21, 1985 Meeting: NORTH AhvI OVER The revised plans were ,presented showing that portion of��,c a 'p e the board for Special Permit, 70 feet(the maximum permissable distance i't'0 t9w tributary instead of 55 feet. 1,7Upon the motion made by John J Burke andseconded by John A. James, Jr. the Planning Board unanimously VOTED: To grant the petition, and plan entitled Proposed House Location on Sandra Lane in North Andover, dated 9/29/84, revised 1/11/85 by Flynn Assoc., P.C. , for Lot 32A Sandra Lane subject to the following: 1. Only the proposed work shown on the above referenced plan shall be allowed under this permit. Any minor changes meeting the intent of said plan and determined to have less of an impact on the Lake's watershed must be approved by the Planning Board prior to implementation in the field. 2. An easement shall be provided on Lot 30B for the purpose of allowing a driveway access to Lot 32A. Approval from the Public Works Dept. to construct a driveway over a sewer easement must be submitted before construction. 3. The applicant will forward the `Glen Road' agreement to the Planning Board which states the limitation of its use by no more than two (2) house lots(prior to construction) 4. Construction shall coincide with the required mitigating measures: a. Prevent the removal of soils from the property; b. Provide temporary siltation control in the form of'a silt fence and/or staked hay bales within ten feet of the driveway and 20 feet of the dwelling; c. Provide permanent siltation control in the form of loam and seed or bark mulch; d. Prevent the use of fertilizer on the grassed areas; e. Construct the driveway with slopes such that road salts will not be necessary; The present grade of the easement shall not be altered; f. Forbid the storage of oil, gasoline or other fuels on the property during the construction period; g. Provide rubbish removalandsanitary facilities for the contractor and the crew during construction. In granting this Special Permit, the Planning Board finds, pursuant to Section 10.31 - Conditions for Approval of Special Permits oftheZoning Bylaw, that the following conditions are met: 1. Lot 32A is appropriate for the construction of an access driveway to the proposed single family dwelling; 4 .ndra I:ane Realty Trust Lot 32A 2. The residential use permitted in that zoning district will not adversely affect the surrounding residential neighborhood or Watershed, since said plans and conditions minimize any impact to the Lake, and is a continuation Of its allowed surrounding residential uses; and exceeds the minimum sQuare footage in the-R-3 Zoning District;„ . 3• In compliance with conditional approval, there will be no nuisance or serious detrimental hazard to vehicles or pedestrians; 4. Adequate and appropriate facilities(water and sewer) will be provided on the site to service the proper and efficient operation of the proposed residential use; 5. Based on site visits, the public hearing process, and review and input by appropriate town boards and departments, the driveway use is considered to be in harmony with the general purpose and intent of the North AndoverZoningBylaw. Sincerely, Michael P. Roberts Vice Chairman ' MPR:awt cc: Highway Surveyor Board of Public Works - Board of Health Conservation Commission Fire Chief Building Inspector Applicant Attorney for Applicant Parties in Interest L. z • c..a � OA .0 m\'7 . '7 C7(-•N1.. to c•r-r t 1<==ti Co I l .... ;; ��. =.�,.. ,.--- . _ ,/ r r, �t, ,--_ � ._.. / �'`` /� ,� % ,' � � �_ � a � ! �- __ __ �--- ���� �--� �� �_ �( P3'C �_ � `7 � ��� �� June 11, 1984 -5- Regular Meeting No one spoke in opposition. MOTION: by Mr. Foulds to take the petition under advisement. SECOND: by Mr. Sullivan VOTE : Unanimous - motion carries SaLa Lau Realty Trust - Variance - Main Street Mr. Nickerson read the legal notice. Attorney Clifford Elias made the following presentation: - The petitioner is members of the Messina family. - The variance is necessary to allow San Lau to construct an addition to the rear of the premises at 109 Main Street. The proposed addition is for the building that is occupied by Messina' s Market. The premises are in a General Business (GB) zoning district, and the rear of the premises abut a Residence 5 (R-S) district . the side of the premises along First Street abut a Residence 4 (R-4) district. - The proposed building will be located 32 feet from the rear lot line. The By Law calls for a 50 foot set back when a business district abuts a residential district . The proposed building will be located 22 feet from the side lot line. The By Law calls for a 25 foot set back. - The present building has been situated in its position for over 20 years. - There is no detriment to the public good nor is there any derogatin from the intent of the Zoning By Law. - With the addition, it will not be so close to the adjacent property as to be a health or safety hazard. - There is greenery on the rear lot line to where the property abuts the North Andover Housing Authority. The building on that property is situated well away from the lot line. - Hardship exists in that San Lau has owned the 109-123 Main Street complex for lb years. San Lau has been a good citizen in North Andover. - The Trustees of San Lau wish to help North Andover improve its downtown by upgrading the appearance of the buildings in the area. The facade will be done over and the access/egress to the complex will be changed. Ample parking will be available. No one spoke in favor or opposition to the petition. MOTION: by Mr. Foulds to take the petition under advisement. SECOND: by Mr. Nickerson VOTE : Unanimous - motion carries DECISIONS Johnston, Donald - Special Permit - Boston Street MOTION: by Mr. Soule to grant the Special Permit subject to the condition that the front line of the pool be no closer to the road than the corner of the residence nearest l the pool . l SECOND: by Mr. Sullivan VOTE In favor - 2 (Sullivan, Soule) Opposed - 3 (Frizelle , , Foulds , Nickerson) The motion fails and the petition is denied. Xochanczyk, William - Variance - Sylvan Terrace MOTION: by Mr . Soule to, grant the variance as requested SECOND: by Mr. Foulds VOTE : Unanimous - motion carries Hamilton, F. G. - Special Permit - Berry Street MOTION: by Mr. Foulds to grant the Special Permit subject to the following conditions : 1 . The family suite is solely for occupancy by Dolores Haydusko, mother-in-law of F. G. Hamilton. r1 ' ID. w U' .. a_ Main StAeM 3/16/97 — 109_tJ?nauch 125_hdai_n. St.___ ..__hday 5. 8 12J 1.986 _--- flcu San-Lau_Realty T&iiht - Sp -P tq aC�n DW-12 Vol to,�t�ap - PQaVt#UA9 8oand: Ali raved Site p�uz Review _ an . ..Spec iat Pami t: -PLA I ARO - d z. cot -- _ - flay 120 1986 109-123 McUbt St M-gs-011 1O9.a23 Hain St. June 2S. 19M SantAu Reafty TA"t San Lau Realty Trust LD .7 m m Variance; side & rear setbacks to allow ad,ditioh cons` m _ - LO VARIAIKE: ice.2.i.ej 4itom Anont sethack .uz old+m .tai CdtA1s1TSD, with conditions _ Hoard of Appeals 6/19/8 . iv GRAArrED: Getobesr. 13, 1997 &i. of appen,P_a LO to ID (� 4t �7M1 N N r June 11, 1984 -5- Regular Meeting No one spoke in opposition. MOTION: by Mr. Foulds to take the petition under advisement. SECOND: by Mr. Sullivan VOTE Unanimous - motion carries Son Lau Realty Trust - Variance - Main Street Mr. Nickerson read the legal notice. Attorney Clifford Elias made the following presentation: The petitioner is members of the Messina family. The variance is necessary to allow San Lau to construct an addition to the rear of the premises at 109 Main Street . The proposed addition is for the building that is occupied by Messina' s Market. The premises are in a General Business (GB) zoning district, and the rear of the premises abut a Residence S (R-5) district . the side of the premises along First Street abut a Residence 4 (R-4) district . The proposed building will be located 32 feet from the rear lot line. The By Law calls for a 50 foot set back when a business district abuts a residential district. The proposed building will be located 22 feet from the side lot line. The By Law calls for a 25 foot set back. The present building has been situated in its position for over 20 years. - There is no detriment to the public good nor is there any derogatin from the intent of the Zoning By Law. - With the addition, it will not be so close to the adjacent property as to be a health or safety hazard. There is greenery on the rear lot line to where the property abuts the North Andover Housing Authority. The building on that property is situated well away from the lot line. Hardship exists in that San Lau has owned the 109-123 Main Street complex for 16 years. San Lau has been a good citizen in North Andover . - The Trustees of San Lau wish to help North Andover improve l its downtown by upgrading the appearance of the buildings in the area. • The facade will be done over and the access/egress to the complex will be changed. Ample parking will be available. No one spoke in favor or opposition to the petition. MOTION: by Mr . Foulds to take the petition under advisement. SECOND: by Mr. Nickerson VOTE : Unanimous - motion carries DECISIONS Johnston, Donald - Special Permit - Boston Street MOTION: by Mr. Soule to grant the Special Permit subject to the condition that the front line of the pool be no closer to the road than the corner of the residence nearest the pool . SECOND: by Mr. Sullivan VOTE In favor - 2 (Sullivan, Soule) Opposed - 3 (Frizelle, . Foulds, Nickerson) The motion fails and the petition is denied. Kochanczyk, William - Variance - Sylvan Terrace MOTION: by Mr. Soule to, grant the variance as requested SECOND: by Mr. Foulds VOTE : Unanimous - motion carries Hamilton, F. G. - Special Permit - Berry Street MOTION: by Mr. Foulds to grant the Special Permit subject to the following conditions : 1 . The family suite is solely for occupancy by Dolores Haydusko, mother-in-law of F. G. Hamilton. hiffi�f G RM REe�Iv�o DANIEL. LONG TOWNCLF.RK TOWN OF NORTH ANDOVER WORTHANDOVER MASSACHUSETTS J031 1 34M ISJnr 8PPW-*IQ b! lily NORTy within (20) dayt Aftl' !�1' date of filing Of thle NOMI off.-f in;the Office Of thik TW#k Clek - �S1ACNu4tS NOTICE OF DECISION Date.JANUARtY.31,. 190. . .. Date of Hearing .1984 Petition of . . . . . Si'aDRA.LANE.REALTY.TRUST. .. .... . . . .. .. . .. . . . .. .. . . . .. I. . Premises affected r.OT.�2A SANDRA,LANE,•NORTH.ANDOVER, MA. . . . . • . Referring 'to t. .e above petition for a special permit from .the requirements of, the P.OATAMPPV . ZONING• BYLAW..SECTION.4.133(d) .. . ... . . .. . .. .. . . . . . .. . .. so as to permit ,T.qE CONSTRUCTION OF. A PORTION. OF DRIVEWAY.TO ACCESS LOT .32A ,$ADlA LANE)ip T)IIN,70, FEET OF THE.WETLAND TRIBUTARY. . . . .,, . After a public hearing given on the above date, the planning Hoard voted to .CZRANT. . . . . . . . . .theSPECIAL PERMIT . . . . . . . . . . . . ., . (SEE ATTACHED ORDER OF CONDITIONS) based upon the following conditions: Signed .1.0M �J.•. GURU . . . . . . . .IRHri A•..�AP�Sp. JR..,. G�i;�K. . FRZCH X•.XX7$ 1B. . . . . . . . Board' . . ' RECEIVEDP6A8�18� BQA80 ,moi RO, d DANIELt, OWN O F NORTH A N D O V E R date of filing of this NOIs 111 TOW4 CLE MASSACHUSETTS In the Office of the TOR NORTH A!WOYER ,u 1 138 PM 's Clerk JU NON7q 1 rOO.N° • h0 O O A � A � t 4 SgCNusE�� January 31, 1985 Mr. ,Daniel Long, Town Clerk Town Office Building 120 Main Street North Andover, MA 01845 Re: Sandra Lane Realty Turst - Special Permit Watershed Lot 32A Sandra Lane, North Andover, MA Dear Mr. Long: The North Andover Planning Board held a public hearing on Monday evening, October 22, 1984 in the Town Office Meeting Room upon the petition of Sandra Lane Realty Turst. The hearing was duly advertised in the Lawrence Eagle Tribune on October 7, and 14, 1984. All . abutters were notified by regular mail. Said public hearing was continued by the Plan- ing Board to two consecutive meetings - November 5, 1984 and November 26, 1984. The following members of the board were present at the 10/22/84 and 11/5/84 hearing, and January 7 and 21, 1985 meetings: Michael P. Roberts, Vice Chairman; John A. James, Jr. Clerk; John J. Burke; and Erich W. Nitzsche. The following members were present at the 11/26/84 hearing: Paul A. Hedstrom, Chairman; Michael P. Roberts, Vice Chariman; John J. James, Jr. , Clerk; John J. Burke; and Erich W. Nitzsche. The petitioner seeks a Special Permit under Section 4.133(d) of the North Andover Zoning Bylaw, which requires a Special Permit to allow construction to occur within 100 feet of a tributary in the Lake Cochichewick Watershed District. The premises is known as Lot 32A Sandra Lane; bordered on the north by N/F Pernokas; east by N/F Sandra Lane Realty Trust; south by Sandra Lane and west by N/F Lamprose and Segal. The, lot has an area of 65,443 square feet with 132 feet of frontage. It is in a Residential - 3 (R-3) and Lake Cochichewigk Zoning District. The purpose of the application is to permit alteration of land within 55 feet of the wetland tributary so as to construct a driveway. The continuance of the public hearing was based on the following: October 22, 1984 Hearing; - Mr. Shaboo, Project Engineer for Mr. James Philbin of Sandra Lane Realty Trust was unable to attend the hearing for presentation. - There was testimony and concensus among the abutters present opposing the construction of the driveway within 100 feet of a wetland tributary. .Page 2 Sandra,Lane Realty Trust tot 32A RECEIVED Q�NIEL LONG 1 9 CLERK - The Planning Board requested the following outlined informatio4MRT ANDOVER o Provide a locus plan of the site, along with topographic is contours, locations of ponds in reference to the driveway. o Permit an on-site inspection on the lot by the board and stake the corner of the drive. o Have an Engineer knowledgeable of the proposal attend the next hearing set for 11/5/84. November 5, 1984 Hearing: - The revised plans dated 11/2/84 were presented to the Planning Board. The Engineer stated the primary reason for locating the drive within 55 feet of the tributary is to maintain the natural buffer between the abutting property. - The abutting property owners, Segal, indicated in testimony that there could be another alternative access, but the applicant has not investigated the options. The applicant stated that Sutton Hill Rd. is the only access. Access from Glen Road is not an available option. The Planning Board requested revised plans to include all of the following information: o Sewer and water connection. o Alternative location of access to dwelling. o Submit plans at the continued hearing. o Forward copy of North Andover Conservation Conditions. The Engineer requested a continuance. November 26, 1984 Continued Hearing: Revised plans dated 11/13/84 were presented, however no alternative access was shown. The Conservation Commission's Order of Conditions were appealed to DEQE. A motion was made and seconded to close the public hearing and take the matter under advisement. January 7, 1985 Meeting: Discussion was continued regarding the applicants hardship, that if the permit was not granted there would be no access to the site. Thus rendering the land undevelopable. - The Planning Board requested the applicant to resubmit plans showing the driveway access as far away from the wetland tributary as possible. These plans are to be reviewed at the next meeting. -Page 3 ,andfa.Lane Realty Trust Lot 32A MEMO i,JTN LON January 21, 1985 Meeting:.ND CL The revised plans were presented showing that portion ofMMri�ey e the board for Special Permit, 70 feet(the maximum permissable i nce tributary instead of 55 feet. Upon the motion made by John J. Burke and seconded by John A. James, Jr. ; the Planning Board unanimously VOTED: To grant the petition, and plan entitled Pioposed House Location on Sandra Lane in North Andover, dated 9/29/84, revised 1/11/85 by Flynn Assoc. , P.C. , for Lot 32A Sandra Lane subject to the following: 1. Only the proposed work shown on the above referenced plan shall be allowed under this permit. Any minor changes meeting the intent of said plan and determined to have less of an impact on the Lake's watershed must be approved by the Planning Board prior to implementation in the field. 2. An easement shall be provided on Lot 30B for the purpose of allowing a driveway access to Lot 32A. Approval from the Public Works Dept. to construct a driveway over a sewer easement must be submitted before construction. 3. The applicant will forward the 'Glen Road' agreement to the Planning Board which states the limitation of its use by no more than two (2) house lots(prior to construction) . 4. Construction shall coincide with the required mitigating measures: a. Prevent the removal of soils from the property; b. Provide temporary siltation control in the form of a silt fence and/or staked hay bales within ten feet of the driveway and 20 feet of the dwelling; c. Provide permanent siltation control in the form of loam and seed or bark mulch; d. Prevent the use of fertilizer on the grassed areas; e. Construct the driveway with slopes such that road salts will not be necessary; The present grade of the easement shall not be altered; f. Forbid the storage of oil, gasoline or other fuels on the property during the construction period; g. Provide rubbish removal and sanitary facilities for the contractor and the crew during construction. in granting this Special Permit, the Planning Board finds, pursuant to Section 10.31 - Conjditions for Approval of Special Permits of the Zoning Bylaw, that the following conditions are met: 1. Lot 32A is appropriate for the construction of an access driveway to the proposed single family dwelling; Pa$e ,4 .- Sandra`Lane Realty Trust Lot 32A 2. The residential use permitted in that zoning district will not adversely affect the surrounding residential neighborhood or Watershed, since said plans and conditions minimize any impact to the Lake, and is a continuation of its allowed surrounding residential uses; and exceeds the minimum square footage in the R-3 Zoning District; 3. In compliance with conditional approval, there will be no nuisance or serious detrimental hazard to vehicles or pedestrians; 4. Adequate and appropriate facilities(water and sewer) will be provided on the site to service the proper and efficient operation of the proposed residential use; 5. Based on site visits, the public hearing process, and review and input by appropriate town boards and departments, the driveway use is considered to be in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Sincerely, -16 Michael P. Roberts Vice Chairman MPR,awt cc: Highway Surveyor Board of Public Works Board of Health Conservation Commission Fire Chief Building Inspector Applicant Attorney for Applicant Parties in Interest Ir +rte 1.64 3b.at�"_ CJ