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HomeMy WebLinkAboutFORBES REALTY TRUST FORBES REALTY TRUST 401 Andover Street North Andover,MA 01845 t Tei. (617)682-5485 (617)688-4336 t+' I May , ll 1987 Karen H.P. Nelson Director Planning & Development Town of North Andover i Dear Karen: Please withdraw the Form-A submittal for 9 lots on Stiles St. as submitted by Forbes Realty Trust. Per our discussion, I would rather have this item placed on the 5-18-87 agenda of the No. Andover Planning Board since there may be some discussion required between the Board and Developers. / I will assume that we will be on the 5-18-87 agenda unless I hear otherwise from your office. Regards, Thomas D. Laudani Trustee Forbes Realty Trust CC: Phil Christiansen James J. Philbin Received by Town Clerk : 1 ,APS {, CATION FOPREQIUIR� RSE NT*OF PL N MAY + i `B L iEVED NOT iT APPROVAL i i May 4 19 87 _ i To the Planning. Board of the Town of North Andover : The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required . The undersigned believes that such approval -is not required for the following reasons : I . The division of land shown on the accompanying plan is not a sub- division because every lot shown thereon has the amount of frontage required by the North Andover Zoning By Law and is on a public way , namely ,Stiles St & New Boston Roam s or a private way , namely , being land bounded as follows: Wes-ter1g by bio. Andowac Chas. Ward Res . Cons. Land ; Northerly by ChristineStewart Easterly by various abutters. f 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : I , Has required Frontage & area �J I 3. Title reference North Essex Deeds , Book Page _L&4.; or Certificate of Title No . Registration Book i Page Applicant ' s Signature : Owner ' s signature and address if not the applicant : Applicant ' s Address: Forbes Realty Trust 401 Andover St . No . Andover, MA 01845 a Received by Town Clerk : Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : 1 . The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law, and the appropriate endorsement has been made upon the same ., 2 . The North Andover Planning Board has determined that said plan shows a subdivision , as defined by G . L . c . 41 , s . 81 -L , and must therefore be re-submitted to it for approval under the Subdivision Control Law . Very truly yours , NORTH HOVER PLANNING BOARD Date i I M a FORBES REALTY TRUST 401 Andover Street .h North Andover, MA 01845 Tel. (617)682-5485 i (617)688-4336 N, Maly 15 , 1987 Karen Nelson Director of Planning and Development North Andover Planning Board 120 Main Street North Andover, MA. 01895 Dear Karen : Please withdraw the Forbes Realty Trust request for. .a Form-A plan of land on Stiles St. , North Andover scheduled for the 5-18-87 meeting of the Planning Board. I would like these lots placed on the June ist Planning Board agenda for dis ,cussion purposes since we are working on (2) alternative plans . If you have any questions relative to this request, please contact me. Regards, Thomas D. Laudani , Trustee cc : P. Christiansen R. Novak, Esq. J . Philbin TDL:jms LAWRENCE M.LEVINSON PAUL Z.STAMZLRR JAME841.NBWquIN THOMAS D.BURNS CHESTER A.JANIAK ROBCRT.C.AMEN.JR. ROBERT WWEINSTEIM MICHAEL WEINBERG MWHACLM.GOTTFRIEDBVp"S REV' O WILLIAM M.CLANCY DAVID M.GOVERNO JOHN B,IBAVOCA GEORGE M.FORD JOHN J.MCGIVNKT NANCY NELLY COUNSELLORS ELLORS AT LAW BARRY L.SOLAR RICHARD E.KAPLAN ANDREW T.COLAMARM Ir - - HOWARD O.MEOWCD PAUL F.DENVER RANDOWi L.SMITH SAMUEL P.SCARS.JR MICHAEL J.GRACE DANA CiR1AKSL6( JOHN A.DONOV►M.in DAVID P ROSENBLATT ANDREW V.MOWN 30 MILK STREET NORMAN O SPECTOR DAVID STRAUSS MARK M.CYM(TOPMMR CHARLES MARK FURCOLO PAUL ALAN RUPO KEVIN Y LACK • BOSTON. MASSACHUSETTS MARTIN B.awuLKIM PETER F mPCDF(KA JAY Ar DOROTHY r TTS O GREGORY 2fO9 STEVEN C.OOODWIN COWARD J-KRUG - DOROTHY AMM(MYRO LAWRENCE G.CETRULO KATHLEEN A.SCRUTON COMSTAMC(M.MCGRAME 18171 431-3300 CATHERINE A.WHITE JOEL S.FREEDMAN DARRELL NOOK RUSSELL F.CONN BARRY C.COLD ANN W LASSO TELECOPIER 1617)461.3760 ROB S.ROSENTHAL BARBARA S.MAMELBURG ANNE E.B ILANT JAMES F.KAVANAUGH.JR. SUSAN M.BARNARD BETSY AMM[SRL THOMAS C PEISCH DAVID A SULLIVAN JOHN A WALKER WILLIAM E.MODERI RAYMOND E.BAXTER IM.YJ KEVIN C VOUNS ELAINE M.MORIARTY ANN C.EGAN MARGOT AME(GLOWER PETER J.SCHNEIDER NANCY L BRUSH ELIZABETH E.ZAOWOAMV TRAVER CLINTON SMITH.in. CHRISTOPHER A.OIPGAN LYLE E.GRCSMYAN MELVIN A.WARSHAW STEPHEN►.HAYES EVELYN.A-HARALAMPU DAVID M.O-CONNOR JYLIK ASHWORTH Hu JOSEPH K.MACKEY EDMUND J.O'BRIEN 'p CHARLES F.MOORE - Or L'RU...L October 7, 1986 Clerk's Office, Civil Essex Superior Court 34 Federal Street Salem, MA 01970 Irving E. Rogers , Jr. , et. al. Vs: Michael Roberts , Chairman, et al. Dear Sir/Madam: Enclosed for filing please find the following: 1. Complaint; 2. Notice of Filing of Complaint; 3. Certification of Service of Complaint; 4. Civil Action Cover Sheet; and 0 5. $55. 00 filing fee. After it has been received and entered please return La oma® the enclosed postcard. , Thank you for your assistance. a C:I�;,3c Sincerely, n as Chester A. Janiak CAJ/lj r Enclosure 1,'377-5 t DANT r j� COMMONWEALTH OF MASSACHUSETT!NOR,ry 1AVER ESSEX, SS. SUPEWW41COss R11 CIVIL ACTION NO. IRVING E. ROGERS, JR. , ) JACQUELINE H. ROGERS and } MARTHA B. ROGERS, AS TRUSTEES ) OF THE LAWRENCE EAGLE-TRIBUNE ) REALTY TRUST, } Plaintiffs ) V. ) ) MICHAEL ROBERTS, CHAIRMAN, } PAUL HEDSTROM, ERICH NITZFCHE, ) JOHN BURKE and JOHN SIMON, ) AS THEY ARE THE PLANNING ) BOARD OF THE TOWN OF NORTH } ANDOVER, THOMAS D. LAUDANI, ) JAMES J. PHILBIN and JOSEPH ) A. DAGAN, AS THEY ARE THE ) s; TRUSTEES OF FORBES REALTY ) TRUST and TRUSTEES OF THE ) FIRST UNITED METHODIST ) CHURCH. ) Defendants } i ) i NOTICE OF FILING OF COMPLAINT I TO: THE TOWN CLERK I TOWN OF NORTH ANDOVER TOWN HALL 120 MAIN STREET NORTH ANDOVER, MA 01845 it 4 Notice is hereby given, pursuant to the provisions of G.L. c. 40A, §17, that the attached { Complaint naming as a defendant the members of the GfPlanning Board of the Town of North Andover has been I filed in Essex Superior Court. i I T LAWRENCE EAGLE-TRIBUNE REALTY TRUST, By its attorneys,; � /* 1 Thomas D. B r Chester A. Janzak BURNS& LEVINSON 50 Milk Street Boston, MA 02109 (617) 451-3300 i1 E I< ii j� ii i 7 I; l; i t t, I i sf K 06/12/86 DANIEL. LING TOWN UERK COMMONWEALTH OF MASSACHUSETTS Nf3RTt{ ">etrOYER ESSEX, SS. SUPERIO 4bRT3 17 CIVIL ACTION NO. IRVING E. ROGERS, JR. , ) JACQUELINE H. ROGERS and } MARTHA B. ROGERS, AS TRUSTEES ) OF THE LAWRENCE EAGLE-TRIBUNE ) REALTY TRUST, ) 1 Plaintiffs ) V. ) ) r MICHAEL ROBERTS, CHAIRMAN, ) PAUL HEDSTROM, ERICH NITZFCHE, ) JOHN BURKE and JOHN SIMON, ) AS THEY ARE THE PLANNING ) BOARD OF THE TOWN OF NORTH ) ANDOVER, THOMAS D. LAUDANI, ) JAMES J. PHILBIN and JOSEPH ) A. DAGAN, AS THEY ARE THE } 1 TRUSTEES OF FORBES REALTY } TRUST and TRUSTEES OF THE ) ii FIRST UNITED METHODIST } CHURCH, ) Defendants } �i ii CERTIFICATION OF SERVICE OF COMPLAINT Now comes the undersigned counsel for the ,r plaintiff herein, the Lawrence Eagle-Tribune Realty Trust, and certifies and states under the pains and penalties of perjury that on June 12, 1986, he made j� service of the Complaint in this action by mailing copies of the same by first-class certified mail, postage prepaid to all the defendants named herein. ii 06/12/86 1 SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY THIS 12TH DAY OF JUNE, 1986. n CHESTER A. J AK BURNS & LEVI ON 50 Milk Street Boston, MA 02109 l (617) 451-3300 ij f i4 fi si 1! ++t E 1 i` i 1� i' i 4 1 fI I -2- COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT CIVIL ACTION NO. } IRVING E. ROGERS, JR. , ) JACQUELINE H. ROGERS and ) MARTHA B. ROGERS, AS TRUSTEES } OF THE LAWRENCE EAGLE-TRIBUNE } REALTY TRUST, ) Plaintiffs ) V v MICHAEL ROBERTS, CHAIRMAN, PAUL HEDSTROM, ERICH NITZFCHE, ) , JOHN BURKE and JOHN SIMON, ) T AS THEY ARE THE PLANNING ) r+ ip BOARD OF THE TOWN OF NORTH ) coo � C7 ANDOVER, THOMAS D. LAUDANI, ) JAMES J. PHILBIN and JOSEPH ) 4 A. DAGAN, AS THEY ARE THE ) TRUSTEES OF FORBES REALTY } TRUST and TRUSTEES OF THE ) FIRST UNITED METHODIST ) CHURCH, ) Defendants j CERTIFICATION OF SERVICE OF COMPLAINT Now comes the undersigned counsel for the plaintiff herein, the Lawrence Eagle-Tribune Realty Trust, and certifies and states under the pains and penalties of perjury that on October 8, 1986, he made service of the Complaint in this action by mailing copies of the same by first-class certified mail, postage prepaid to all the defendants named herein. SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY THIS STH DAY OF OCTOBER, 1986. s ter a ak BURNS & L VI ON 50 Milk et Boston, MA 02109 (617) 451-3300 j REC(niy�p DAN!E1 LONG TOWN NO RTli f't1V R JUNG Karriinski & Associates, Inc. �6 June 12, `1986 Mr. Michael Roberts, Chairman North Andover Planning Board Town Hall Main Street North Andover, MA 01845 Re: Site Plan, Special Permit, Cabot Village Dear Mr . Roberts: On behalf of Forbes Realty Trust, I am hereby requesting that final decision relative to the Cabot Village site plan be extended until July 25, 1986. I will be attending the July 7 Planning Board meeting to answer any questions the Board may have relative to the traffic impact study and responses from the state agencies. if you have any questions regarding this matter, please do not hesitate to contact this office. Sincerely yours, Richard F. Kaminski & Assoc. , Inc. 40 I. william Place, P.E. IWP/ncr I cc: Forbes Realty Trust IWP485 Architects ❑ Engineers ❑ Surveyors ❑ Land Planners 200 Sutton St., North Andover, MA 01845, (617) 687-1483. RECEIVED WIWI HIH DAN1Ei ! N�RTi , qNfYWN MPd tROF NORTH ANDOVER .spy 120 Main Street ApR a #forth Andover, MA. 01845 ooYY 685-4775 pORi{, O*�a•e.•,M i •�, _fir MV5�4' April 8, 1986 MSC. Daniel Long, Town Clerk Town Office Building 120 Main Street North Andover, MA 01845 RE: Approval Not Required Plan for Forbes Realty Trust Gray street/Stiles Street Parcels A,B,C Dear Mr. Long: The purpose of this letter is to formally inform you that the Approval Not Required Plan submitted by Forbes Realty on April 4, 1986 had been denied by the Planning Board at their Monday evening, April 7, 1986 meeting for the following reasons: 1. The North Andover Planning Board has determined that said plan shows a subdivision, as defined by M.G.L. , Chapter 41, Section 81-L; 2. Stiles Street is HOT a public way, :nor has it been cerified as a public way maintained and used by the town; and therefore 3. No new lots can be created along said way for building purposes. Kindly retain this notification in your files as it pertains to the above referenced submittal. iurs truly, ���4e'/- Michael P. Roberts, Chairman MPR/kn j cc: Forbes Realty (return receipt) } FORMA APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL Ll t , 19. l To the Planning Board of the Town 0f North Andavers signed wishes to record the accompanying plan and requests a The under determination by said Board that approval by it under the Subdivision Control: Law is not required . . The undersigned. believes that such approval ' is not required for the following reasons : 1 . The division of land shown on the accompanying plan is not, a sub division because every lot shown thereon has the amount of ,frontage required by the North Andover Zoniway , Zoning By law and is on a public namely , , or a private way , namely , � being land bounded as ftll1ows : ' I • M£UT Srr , E .= A pw;tia use i lan is not a su b- 2 . The division' Of land shown on the. accompany ' ng p division for the following reasons : � .vT stG • i Book Page or 3'. Title : reference North Essex Deeds , + Registration Book Certificate of Title No . Page Owner' s signature and address if not, Applicant 's Signature : the applicant : Applicant "s Address P Received by iuwt, iierk ; , ' II Notice to APPLICANT/.TOWN CLERK -of action of Planning Board on _accompanying. PIa'n 1. T o th ado er P n qq B rd as d ermi ed , ha said plan do of r i e r al u e �he S d v�si n Co tool and e a r,o e' endors t has. ee a e po e. a i lan s' d �� ned that TP 2 , he North Andover Planning Board has dete�mi shows a subdivision , as defined by G. L . c . 41 , s , 81-L , and must therefore be re-submitted' to it for approval under the e Subdivision Control Law. Very truly yours , NORTH ANDOVER PLANNING BOARD By ; Date r it , hiffifi IOU ahiFc TOWN OF NQ VER 120 �Njj'' A : jVER North Av A. 01845 5- 77 31 AN X86 s ik �+♦ b "4g ,$d4CNW+� April 4, 1986 Daniel Long, Town Clerk Town Office Building 120 Main Street North Andover, MA 01845 lied Approval Not Required Form for Forbes Realty Trust Peters Street - Lot A Dear Mr. Long: The purpose of this letter is to formally notify you that yor Form A plan on the above parcel has been denied for the following reasons: 1 . The applicant was asked at the March 24th Planning Board meeting to grant the Planning Board an extention to further review the Form A. The applicant agreed but a letter of extension was never received. 2 . The plan does not show the subdivision of Lot A. 3. The Board questions the necessity of giving leased parcel approval. sincerely, PLANNING BOARD Michael P. Roberts, Chairman MPR:nrs CO: Forbes Realty (return receipt) First United Methodist Church PUAM�I�6 BDAftO DAHI TOWN OF NORTH ANI161Rit' 'iv ER 120 Main Stree �$ North Andover, MAS01835 24i 685-4775 NORiN OM t. ao,a 7q.� h P • s 't�nv September 9, 1986 Mr. Daniel Long, Town Clerk 120 Main St. North Andover, MA RE: CABOT VILLAGE SPECIAL PERMIT FOR SITE PLAN REVIEW Dear Mr. Long: Attached please find a letter of extension granted to Forbes Realty for the Cabot Village Special Permit to September 27, 1986. Sincerely, - F4 ae 0��e z Erich W. Nitzsche Chairman EN/kn 'll I f Cta e5seo � � 1 Llai f Via. tFsscw � i, r :..ILaf"p •. I ' v APPLICATION FOR EdDOR.SaM OF PLAN RE M�"'U BELIEVED NCYr TO REQUIRE APPROVAL bR ?' `,'' ;VER February 24, 19 86 Fie. { 11zi To the planning Board of the Town of North Andover: The undersigned wishes to record the accompanying plan and requests a deterneination by said Board that approvaj by it under the bbdivision Control Law is not required. The undersigned believes that such approval is not required for the following reasons: 1. The division of land shwm on the accmpanying plan is not a subdivision because every lot shave thereon has the amount of frontage required by the North AndoverZoning By Law -and is on a public �Y, namely,; Salem Turnpike & Peters Street , or a private way, namely, being land bounded as follows: t Southerly by Peters St. , 3 Westerly by Salem Turnpike, Northerly by Lawrence Eagle Tribune Realty Trust Easterly by Lawrence Eagle Tribune Realty Trust and David & Eileen D. Donovan 2. Title reference: North Essex Deeds, Book 1125 Page 176 or Certificate of Title No: Registration Book page , or Other: ' i See Plan of Land in North Andover, MA prepared for Forbes Realty Trust t dated February 24, 1986, prepared by Richard F. Kaminski & Assoc. , Inc. Received by Town Clerk: Applicant's signature Dste: amen J. Philbin Time: Applicant's address %gnature: Forbes Realty Trust -401 Andover St. , N. Andover_, MA01845 li owner's signature and address, if not the applicrar► . As agent for the Owner First United Methodist Churcb of North Andover - Peters St. , N. Andover, MA 01845 r i E Nance to AppucANrITOM CLF.RFi of Action of Planning Board on Acco<spanying Plan. 1. The North Andover Planning Board has detemu ned that said plan does not require approval under the subdivisicn control law, and the appropriate - endorsement has been made uponthe same. 2. The North MKINer Planning-Board has determined that said plan shows a subdivision, as defined by G.L. c. 41, s. 81--L, and must, therefore, be ro_sutmitted to it for approval under the subdivision ciontrol law. k _ - . very truly yours, ' ,NORTH ANDOVER PLANNING HOARD _ By Date I i r ft MUM MU TOWN OF NORTH ANDOVER � p�;� i MASSACHUSETTS NOR TN 'nit( ,a.1 Any • A beMW dde of Oft IN Ob NOOO CNp in t�►�INM�atMa�wn ,. Ck& NOTICE OF DECISION Date. December ,4s . 1.987 . .. Date of Bearing ,December. 3.,. .k287 Petition of . . . . . Fpr4gq ;. Zea;ty, Trust. . . . . . . . . Premises affected . . .Gray, Street and the West .side of Stiles Street . . . . . Referring to the above petition for a special permit from the requirements of the ,North Andover Zoning Bylaw Section 8. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . .. . . . so as to permit . . .the• construction of Mulit-family, Planned. Residential . . . . . . . Community of 13 two story units. . . . . . . . . . . . . . . .. . . . .. . . . . . . . . . . . . . . / . . . . . . . . . . . . . . . . . . . . . . ..... . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted to .accept . . . . . . . .the . . .with4xciva1. .wthoi t: .prejud.iGe. . . . . . . . . . . . . . . . . .. . y based upon the following conditions Signed 'cc: Director of Public Works Paul Hedstrom, Chairman Board of Public Works . . . . . . . . . . . . . . . . .. . . . . ... . . . . . . . Highway Surveyor George Perna, Vice-Chairman Tree Warden . . . . . . . . . . . . . . . . .. . . . .. . . . . .. . . . Conservation Commission Building Inspector a-ahn.simhns..C1:ark. .. . . . . . ... Board of Health Assessors John. .Burke. . .. . . . . . . . . . . . . . . .. . Police Chief Fire Chief, Interested Parties Applicant, File, Engineer . • . • . • Planning 0 Board MVnlN V �\1 OFFICES OF: Town of I>crMilon �u 1 APPEALS � NORTH ANDOVER CONSERVATION sync"vs, INVISIONOF (617168 4 r HEAL:CH PLANNING PLANNING & CONINIUNI'I'Y DEVELOPhIEN1' KA11E--N li.t': NFLSON, UIfZFI I<Nt CERTIFICATE OF COMPLIANCE SPECIAL PERMIT From the North Andover Planning Board, Issuing Authority To SAK4� GentenJ 4W_ (Name) (Address) Date of Issuance zwi/ This Certificate is issued for work regulated by an Order of Conditions issued to Ao4jf g /�+`•OYd''1 dated OP�x y IW7 and isdued by the Planning Board. 1 . It is hereby certified that the work regulated by the above referenced order of Conditions has been satisfactorily completed. 2. It is hereby certified that only the following portions of the work regulated by the above-referenced order of Conditions have been satisfactorily completed: 3. It is hereby certified that the work regulated by the the above-referenced order of Conditions was never commenced. The Special Permit has lapsed and is therefore no longer valid. 4 . This certificate shall be recorded in the Registry of Deeds or the Land Court for the district in which the land is located. The Order was originally recorded on (date) at the Registry of , Book Page 5 . The following conditions of the Order shall continue: ATmeCOT Issued by 0.00;7 /31 Signature (s) Ta" ,.fi�� ) Town Cb* �1Ir 12 c *C'{� l ww 'r ljlrti i j - ;C' ,c k AORti , j rN OF NORTH ANDOVER PLANNING BOARD APPLICATION FOR SPECIAL PERMIT NOTICE: This application must be typewritten Applicant Forbes Realty Trust Address401 Andover St. , N. Andover , MA 1. Application is hereby made (a) For a Special Permit under Section 2 , Paragraph30. 1 of the Zoning By-Law. 2. (a) ,Premises affected are land X and buildings numbered Street. Lots 23A, 24A, 26A Forest (b) Fxemises affected are property with frontage on the North South East Westside of Forest Street, and known as lot''No. A , 24A, 26A .Forest Street. (c) Premises affected are in Zoning District R-2 , and the premises affected ,have an area of-1--3Acres and frontage of 50-150 feet. 3. Ownorahip: (a) ':Name and address of owner (if joint ownership, give all names): Forbes Realty Trust, 401 Andover Street, North Andover, MA 01845 Date of purchaseMarch 31 , -1986previous Owner Forest Land Trust (b) If applicant is not.owner, oheck:his interest in the premises: f Prospective purchaser Lessee Other (explain) 4. Size of proposed building: NA _ _front; feet deep Height: stories; feet. (a) Approximate date of erection NA (b) Occupancy or use (of each floor) NA (c) Type of construction NA 5. Size of Existing Building: NA feet front; ' feet deep Height: stories feet. (a) Approximate date of erection NA (b) Occupancy or use (of each floor)_ NA. (c) Type of construction NA 6, Has there been a previous application for a Special Permit from the Planning Board on these premises? -No If so, when 7. Description of purpose for which Special Permit is sought on this petition: The purpose for which the special permit is sought is to allow a common driveway to access 9 single family house lots; Numbers:. 23A, 24A and 26A Forest Street , North Andover , Massachusetts. (over) r , 8. Deed recorded in the Registry of Deeds in Book 2159 Page_L4 or Land Court Certificate No Book Page 9. The prinoipal points upon which I base my application are as follows: (must be stated in detail) The commain drive is proposed as the result of a restriction by Thd North Andover Conservation Commission that only two crossings may be made over!! a wetland to access five house lots. The purposeof the common drivel is to minimize the amount of wetland that is disturbed on the lots . The Director of Planning and Community Development , Karen Nelson , has !requested that this special permit be applied for. I agree to pay ''for advertising in newspaper and postage fee for mailing legal notices to "Parties in interest". (Petitioner's signature) Every application for action by the Board shall be made on a form approved by the Board. These formsshall be furnished by the Clerk upon request. Any communication purporting to be anlapplication shall be treated as more notice of intention to:.seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties in Interest" which shall include the petitioner, abutters, owners of land directly opposite on any public u.M private street or way and abutters to the abutters within three hundred (300) feet of the property line all as they appear on the most recent applicable tax list, notwith— standing that the land of any such owner is located in another city or town, the Plan— ning Board of the town and the planning board of every abutting city or town. LIST OF PARTIES IN INTEREST NAME ADDRESS Dennis G. and Susan Battersby, 122 Forest Street, North Andover , MA Forbes Realty Trust , 401 Andover Street , North Andover, MA Preston M. and Tara Tracy Hall , 175 Forest Street, North Andover, MA Robert J. Janusz, 40 Sunset Rock .Road,_ , Andoyer, MA North Andover, Realty, Erich Nitzsche, Tr. , 1253 Salem St . , North Andover I i 'I ADD ADDITIONAL SHEETS, IF NECESSARY. Lots 24A to 28A Forest Street Driveway Crossings A drainage analysis was performed to determine whether the culverts placed beneath the driveways of Lots 24A to 28A Forest Street had sufficient capacity to handle the flow from a storm of 100 year recurrance frequency. The storm flow data was taken from the Application for Notice of Intent for Lots 24-28 Forest Street dated April, 1986, and revised in June, 1986. According to the hydrologic analysis, the peak flow to Crossing "A" during a 100 year storm would be 1 .8 efs. The capacity of the two 30 inch reinforced concrete pipes placed in this area (at a slope of 0.5%) is 58 efs. According to the hydrologic analysis, the peak flow to Grossing "B" during a 100 year storm would be 3.2 efs. The capacity of the 24 inch reinforced concrete pipe placed in this area (at a slope of 0.5% and the invert buried 6 inches) is 12.6 efs. According to the hydrologic analysis, the peak flow to Crossing "C" during a 100 year storm would be 7.7 efs. The capacity of the 24 inch reinforced concrete pipe placed in this area (at a slope of 0.59 and the invert buried 6 inches) is 12.6 efs. All of the pipes that are placed on Lots 24A to 28A have sufficient capacity to handle the peak flows during a 100 year storm. Ili NORTH ANDOVER MASE HUSETTS fEB3 BOARD APPLICATION FOR SPECIAL PERMIT NOTICE: This application must be typewritten ApplicantForbes Realty Trust Address401 Andover St. , N . Andover , MA 1 . Application is hereby made „ (a) For a Special Permit under Section 2 , Paragraph30. 1 of the Zoning By—Law. 2. (a) Premises affected are land .X and buildings numbered Street. Lots 25A, 27A; 28A Forest (b) Premises affected are property with frontage on the North South East_ Westside of Forest Street, and known as lot No.2SA . 27A . 28-A Forest Street. (c) Premises affected. are in Zoning.District R-2 , and the premises affected have an area of"r 3 Acres and frontage of 50-150 feet. 3. Ownership: (a) Name and address of owner (if joint ownership, give all names): Forbes Realty Trust, 401 Andover Street, North Andover , MA 01845 Date of purchase March 312 •1986Previous Owner Forest Land Trust (b) If applicant is not owner, check his interest in the premises: .Prospective purchaser '..._,,,:,Lessee Other (explain) 4. Size of proposed building:_ NA front, feet deep Height: stories; feet. (a) Approximate date of erection NA (b) Occupancy or use (of each floor) NA (c) Type of construction NA 5. Size of Existing Building: NA feet front; ' feet deep Height-.---- stories feet. (a) Approximate date of erection NA (b) Occupancy or use (of each floor) NA. (c) Type of construction NA 6. Has there been a previous application for a Special Permit from the Planning Board on these premises? _ No If so, when 7. Description of purpose for which Special Permit is sought on this petition: 'The purpose for which the special permit is sought is to allow a common driveway to access three single family lots; Numbers 25A, 27A, and 28A Forest Street , North Andover , Massachusetts . I,I (over) 8. Deed recorded in the Registry of Deeds in Book 21 59Page 14 or Land Court Certificate No. Book Page 9. The principal, points upon which I base my application are as follows: (must be ' stated in detail) The com�on drive is proposed as the result of a restriction by Thd North Andover Conservation Commission that only two crossings may be made over a wetland to access five house lots. The purpose of the common drive is to minimize the amount of wetland that is disturbed on the lots . The Director of Planning and Community Development , Karen Nelson , has requested that this special permit be applied for. I agree to pay for advertising in newspaper and postage fee for mailing legal notices to "Parties in interest". (Petitioner's signature) Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Clerk upon request. Any communication purporting to be an application shall be treated as more notice of intention to::seek relief until suoh' time as it is made on the offioial •applioation form. All information called for by theform shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties in Interest" which shall include the petitioner, abutters, owners of land directly opposite on any public an private street', or way and abutters to the abutters within three hundred (300) feet of the property line all as they appear on the most reoen'•t applicable tax list, notwith— standing that the' land of any such owner is located in another city or town, the Plan— ning Board of the' town and the planning board of every abutting city or town. LIST OF PARTIES IN INTEREST NAME ADDRESS Dennis' G. and Susan Battersby, 122 Forest Street, North Andover, MA Forbes Realty Trust, 401 Andover Street, North Andover , MA Preston M. and Tara Tracy Hall , 175 Forest Street, North Andove-r , MA Robert J. Janusz, 40 Sunset Rock .Road;. ; Andover, MA North Andover Realty, Erich Nitzsche,' Tr. , 1253 Salem St. , North Andover IF ADD ADDITIONAL SHEETSt IF NECESSARY. r � Lots 24A to 28A Forest Street Driveway Crossings A drainage analysis was performed to determine whether the culverts placed beneath the driveways of Lots 24A to 28A Forest Street had sufficient capacity to handle the flow from a storm of 100 year recurrance ,frequency. The storm flow data was taken from the Application for Notice of Intent for Lots 24-28 Forest Street dated April, 1986, and revised in June, 1986. According to the hydrologic analysis, the peak flow to Crossing "A" during a 100 year storm would be 1.8 efs. The capacity of the two 30 inch reinforced concrete pipes placed in this area (at a slope of 0.5%) is 58 efs. According to the hydrologic analysis, the peak flow to Crossing "B" during a 100 year storm would be 3.2 efs. The capacity of the 24 inch reinforced concrete pipe placed in this area (at a slope of 0.5% and the invert buried 6 inches) is 12.6 cfs. According to the hydrologic analysis, the peak flow to Crossing "C" during a 100 year storm would be 7.7 efs. The capacity of the 24 inch reinforced concrete pipe placed in this area (at a slope of 0.5% and the invert buried 6 inches) is 12.6 efs. All of the pipes that are placed on Lots 24A to 28A have sufficient capacity to handle the peak flows during a 100 year storm. COMMONWEALTH OFMASSACHUSETTS ESSEX, SS. SUPERIOR COURT CIVIL ACTION NO. ) IRVING E. ROGERS, JR. , ) JACQUELINE H. ROGERS and ) MARTHA B. ROGERS, AS TRUSTEES P- r- OF THE LAWRENCE EAGLE-TRIBUNE ) ^7D �� -4 REALTY TRUST, Plaintiffs V. ) �I MICHAEL ROBERTS, CHAIRMAN, } PAUL HEDSTROM, ERICH NITZFCHE, ) JOHN BURKE and JOHN SIMON, ) AS THEY ARE THE PLANNING ) BOARD OF THE TOWN OF NORTH ) I ANDOVER, THOMAS D. LAUDANI , ) I+ JAMES J. PHILBIN and JOSEPH ) A. DAGAN, AS THEY ARE THE } TRUSTEES OF FORBES REALTY ) TRUST and TRUSTEES OF THE ) FIRST UNITED METHODIST ) CHURCH, } Defendants ) NOTICE OF FILING OF COMPLAINT TO: THE TOWN CLERK TOWN OF NORTH ANDOVER TOWN HALL 120 MAIN STREET NORTH ANDOVER, MA 01845 Notice is hereby given, pursuant to the provisions of G.L. c. 40A, §17, that the attached Complaint naming as a defendant the members of the I, i t E j 9 }} Planning Board of the Town of North Andover has been 1 filed in Essex Superior Court. (' I LAWRENCE EAGLE-TRIBUNE REALTY TRUST, � By its attorneys, ThiesCAZe' SBur Chesteraniak BURNS & INSQN 50 Milk Street Boston, MA 02109 (617) 451-3300 C 4� it I� l ' 06/11/86 :i Sys a rk COMMONWEALTH OF MASSACHUSETTS AIORT1° nr hO'VER ESSEX, SS. SUPERIOR jWqjT 3 iq 186 CIVIL ACTION NO. } IRVING E. ROGERS, JR. , } JACQUELINE H. ROGERS and ) MARTHA B. ROGERS, AS TRUSTEES ) OF THE LAWRENCE EAGLE-TRIBUNE ) REALTY TRUST, ) Plaintiffs ) ) V. } MICHAEL ROBERTS, CHAIRMAN, ) PAUL HEDSTROM, ERICH NITZFCHE, ) JOHN BURKE and JOHN SIMON, ) AS THEY ARE THE PLANNING ) BOARD OF THE TOWN OF NORTH ) ANDOVER, THOMAS D. LAUDANI , } JAMES J. PHILBIN and JOSEPH } A. DAGAN, AS THEY ARE THE ) TRUSTEES OF FORBES REALTY ) TRUST and TRUSTEES OF THE ) FIRST UNITED METHODIST ) y CHURCH, ) Defendants ) COMPLAINT COUNT I 1. Irving E. Rogers, Jr. , Jacqueline H. Rogers ii and Martha B. Rogers, are Trustees of the Lawrence if E Eagle-Tribune Realty Trust (The Trust) , the owner of certain property in the Town of North Andover, Essex County, Massachusetts, (the Eagle-Tribune Property) . �4 2 . Michael Roberts, Chairman, 479 Waverly Road, North Andover, Massachusetts; Paul Hedstrom, 30 Oak i 06/11/86 Drive, North Andover, Massachusetts; Erich Nitzfche, 1253 Salem Street, North Andover, Massachusetts; John Burke, 65 Hillside Road, North Andover, Massachusetts and John Simon, Rock Road, North Andover, Massachusetts are the members of the Planning Board of the Town of North Andover, Essex County, Massachusetts, (the Planning Board) . 3. Thomas D. Laudani, James J. Philbin and Joseph A. Dagan are Trustees of the Forbes Realty Trust, which has a principal place of business at 401 Andover Street, North Andover, Essex County, Massachusetts, (Forbes Realty) and is in the business of developing office parks and other developments. 4. The First United Methodist Church (the �! Church) is the owner of certain property (the Church jProperty) in North Andover, Essex County, f Massachusetts, which abutts the Eagle-Tribune i( j Property. 5. This complaint is filed pursuant to G.L. ij i1 c.40A, §17 . 6. The Church has agreed to lease to Forbes Realty a portion of the Church Property (the Forbes Realty Lease Property) for development by Forbes Realty as an office building. 7. Under the Town of North Andover' s Zoning {z By-law (the By-law) the Forbes Realty Lease Property -2- 06/11/66 cannot be developed as an office building without a special permit having been obtained from the Planning Board. S. On February 3, 1986, Forbes Realty made . application to the Planning Board for a special permit. (See Exhibit A attached. ) 9. On February 24, 1986, and March 24, 1986, the Planning Board held a hearing on Forbes Realty' s application for a special permit. 10. General Law c. 40A, §9 provides that a zoning board of appeals or special permit granting authority must file with the town clerk a decision granting or denying an application for a special permit within ninety days of the date of the hearing E on that application. 11. The ninety-day period for the Planning Board to have acted on the Forbes Realty' s special permit application expired on May 25, 1986, with no decision having been filed with the Town Clerk. 12 . Pursuant to the provisions of G.L. c. 40A, §91 the failure of a Planning board to timely file a { decision may have resulted in a constructive grant of the special permit as applied for. 13 . A grant of a special permit to Forbes Realty �t exceeds the authority of the Planning Board for the reasons that inter alia: the site is not an `3' 06/11/86 appropriate location for the use and structure I proposed, the use proposed will adversely affect the i- neighborhood, it would be a nuisance and serious hazard because of traffic generated by the proposed use both to vehicles and pedestrians, adequate and appropriate facilities have not been provided for the proper operation of the purposed use, including parking, vehicular and pedestrian traffic flow, is drainage, sanitary sewerage and the proposed use is not in harmony with the purpose and intent of the By-law. WHEREFORE, the Eagle-Tribune Realty Trust prays that this Honorable Court: 1. Determine whether a special permit has been constructively granted pursuant to G.L. c. 40A, §9; ! ;i 2 . Determine that the special permit, if granted, exceeds the authority of the Planning Board and is otherwise unreasonable, arbitrary, capricious F'. �+ and unlawful; 3 . Annul the issuance of the special permit; 4. Remand the matter to the Planning Board for the issuance of a decision denying Forbes Realty' s �{ application for a special permit; S. Provide such other declaratory, injunctive j ill ii or other relief as may be just. I I -4- i E 06/11/86 COUNT II 14. The Eagle-Tribune incorporates herein paragraphs 1-13 above. 15 . This Count is brought pursuant to G.L. c. 231A. 16. A actual controversy exists between the parties based upon the facts set forth above and since: (1) the Trust asserts the failure of the Planning Board to issue a timely decision which may z have resulted in a constructive grant pursuant to G.L. c . 40A, §9, of the special permit as applied for; (2) the Planning Board has failed to discharge its statutory obligation to issue a timely decision; (3) Forbes Realty maintains that it is entitled to the special permit; and (4) the Church seeks to benefit from the grant of that special permit. WHEREFORE, the Eagle-Tribune Realty Trust prays that this Honorable Court: 1. Determine whether a special permit has been constructively granted pursuant to G.L.- c. 40A, §9; 2. Determine that the special permit, if �E granted, exceeds the authority of the Planning Board and is otherwise unreasonable, arbitrary, capricious and unlawful; 3 . Annul the issuance of the special permit; (i Ef� -5- 06/11/86 I; 4. Remand the matter to the Planning Board for I' f fthe issuance of a decision denying Forbes Realty' s I j' application for a special permit, Provide such other declaratory, injunctive or other relief as may be just. + Respectfully submitted, + LAWRENCE EAGLE-TRIBUNE REALTY TRUST, By iti attor#aeys, (44 Th as D. Bur li Chester A. J iak ii BURNS & LE SON 50 Milk_Street Boston, MA 02109 VIII; (617) 451-3300 I I� i' t j i I� j I' i !; it f I ff I -6 L TG+:?t TOWN OF NORTH ANDOVER lion i .': ti t R MASSACHUSETTS FEB 1 cB F'�S '3fi PLANNING BOARD APPLICATION FOR SPECIAL PERMIT NOTICE: This application must be typewritten Lpplicant_ Forbes RealtyAddress 401 Andover St . , N. Andover, MA OI845 • Application is hereby made (a) For a Special Permit under Section 8 , Paragraph 12 of the Zoning By-Law. . (a) Premises affected are land x and buildings x numbered 57 Peters Street. (b) Premises affected are property with frontage on the North x South East x West side of Peters St. & Rt. 114 Street, and known as No. Peters—St. Street. (c) Premises affected are in Zoning District 13-4 and the premises affected have an area of 124, 482 s. f. and frontage of 232. 31 feet. Ownership: (a) Name and address of owner (if joint ownership, give all names): Trustees of the First United Methodist Church of North Andover Date of purchase unknown Previous Owner unknown (b)• If applicant is not owner, check his interest in the premises: Prospective purchaser x Lessee Other (explain) Size of proposed building: 100 ± front; 330 ± feet deep Height: 2 , 1/2 stories; 51 + feet. (a) Approximate date of erection Summer 1986 (b) Occupancy or use (of each floor) Office, Medical center (c) Type of construction Wood Size of Existing Building: N/A feet front; feet deep Height: stories feet. (a) Approximate date of erection (b) Occupancy or use (of each floor) (c) Type of construction Has there been a previous application for a Special Permit from the Planning Board on these premises? no If so, when Description of purpose for Which Special Permit is sought on this petition: As regyi 2d udder Section i RanuirempUt 12 of the Town hyIaVC� this application is being submitted to construct a proposed office building in the Business 4 District Zone (B-4) (over) '8:v Deed recorded in the Registry of Deeds in Book 1125 Page 176 or Land Court Certificate No. Book Page 0 '' 9. The principal points upon which I base my application are as follows: (must be stated in detail) To construct a proposed 50,000 s .f. business, professional, medical center, office complex etc. on 124,482 s.f. of property owned by the First United Methodist Church, in conformance to the Town of North Andover Zoning bylaws Section 8, Para. 12. I agree to pity for ad ert2 0 in newspaper and postage fee for mailing legal notices to "Pq6rties iAis''rest". Petitioner's signature) J. Phil in Every application for action by the Board shall be made on a form approved by the Board. These foks shall be furnished by the Clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to-seek relief until such time as it is made on the official application form. All information' called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties in Interest" which shall include the petitioner, abutters, owners of land directly opposite on any public or private street"or way and abutters to the abutters within three hundred (300) feet of the property line all as they appear on the most recent applicable tax list, notwith— standing that the land of any such owner is located in another oity or town, the Plan— ning Board of the town and the planning board of every abutting city or town. LIST OF PARTIES IN INTEREST NA31D ADDRESS Red Squire Realty Trust 233 Needham St. , Newton, MA 02164 c/o L&L N.A. Trust Richard & Dorothy Nolin 187 Turnpike St. , N. Andover, MA 01845 Joseph & Eileen McManus Peters St. , N. Andover, MA 01845 Francis & Katherine llolmes 163 Turnpike St. , N. Andover, Ma 01845 Lawrence Eagle Tribune 100 Turnpike St. , N. Andover, MA 01845 Victor Hatem 127 Turnpike St . , N'. Andover, MA 01845 Elieen P. Donovan 35 Peters St. , N. Andover, MA 01845 Alfred & Eleanor Montgomery 102 Peters St. , N. Andover, MA ' 01845 John & Annette Royal 111 Peters St . , N. Andover, MA 01845 Ethel A. Donovan . 25 Peters St. , N. Andover, MA 01845 ?� Hillside Realty Trust 14 Chickering Rd . , N. Andover, MA 01845 Robert & Deborah Chipman 30 Brewster St. , N. Andover, MA 01845 kRobert H. Marion 36 Brewster St. , N. Andover, MA 01845 Stephen P. Lannan 38 Brewster St. , N. Andover, MA 01845 ADD ADDITIONAL SHEETS, IF NECESSARY. 0< NORTH ANDOVER FIRE DEPARTMENT i + CENTRAL FIRE HEADQUARTERS " °+ ° • - "j.' 124 Main Street SSAcNusE North Andover, Mass. 01845 WILLIAM V. DOLAN Tel. (617) 686-3812 Chief of Department U! C Q�1L F8 10 1966 To: No. Andover Planning Board PLANNING From: Chief Dolan 'YIY 'Yt7 BOAR Re: Hardtcourt Village/Peters Street & Route 114 Date: February 10, 1986 I have reviewed the plans on Hardtcourt Village and have the following recommendations: 1. The name "Hardtcourt Village" should not be used as it conflicts with another subdivision "Hardtcourt Estates" �' which is off Great Pond Road at the old Campion Hall site. Y/ 2. The building must be fully sprinklered in accordance with MGL Chapter 148 Section 26G and plans for•' the system must be submitted to the Fire Chief for approval prior to install- ation. These plans must be from a recognized sprinkler installer. V�. A complete fire detection system must be installed by a recognized fire alarm installer; to include, but not limited to, a master control panel, annunciator panel, zone indicator, outside indicating strobe lights, a master fire alarm box, local alarm, horn-lights, heat detectors, smoke detectors, water flow switch from the sprinkler system and double action pull stations. Plans for the detection system must be submitted to the Fire Chief for approval accompanied by equipment specifications for the fire detection equipment to be used. 4. The sprinkler system must include the Fire Department connection, in a location approved by the Fire Chief, and either a manual water motor gong or a water flow alarm bell which is connected to the battery back-up system of the fire detection system. 5. The fire alarm contractor will work with the fire department regarding installation and location of, the master fire alarm box and connection of the alarm system to the municipal system. "SMOKE DETECTORS SAVE LIVES" NOR't►, p NORTH ANDOVER FIRE DEPARTMENT CENTRAL FIRE HEADQUARTERS 124 Main Street �,SS�cHus�t North Andover, Mass. 01845 WILLIAM V. DOLAN Tel. (617) 686-3812 Chief of Department 2. 6. If elevators are installed, the elevator installer shall provide the fire department with training in the elevator equipment prior to anyone taking occupancy of the building. 7. In accordance with the Fire Lane By-Law, fire lanes shall be located and marked in the following locations: 1. On the Turnpike Street side along the area between the two parking areas. 2. In the rear on the church sidealong the area between the two parking areas. 8. An additional fire hydrant is needed at the entrance from Peters Street and the water system should be looped from Peters Street to Route 114. 9. For reasons of public safety, temporary occupancy should not be allowed. Copies of both the Fire Lane By-Law and Fire Alarm Installation are attached. William V. Dolan, Chief SMOKE DETECTORS SAVE LIVES OFFICE OF HIGHWAY SURVEYOR 384 OSGOOD STREET i,y°• �`h` TOWN OF NORTH ANDOVER, MASSACHUSETTS 01845 JaACMU`+t WILLIAM A.CYR TELEPHONE 685-0950 Highway Surveyor February 21 , 1986 Planning Board Michael Roberts , Chairman 120 Main Street North Andover, Massachusetts Re: Hardcourt bear Mike: I have reviewed plans and make the following comments. The driveway entry into Peters Street is my main concern. This is being addressed by the engineer and will be improved beyond the design presently shown on plan. All of the drainage from the site is directed into State drainage systems. I will be at your meeting Monday evening to discuss this further if you wish. Very truly yours , w William A. .Cyr Highway Surveyor WAC/cc i w RfCEIYEO DANIEL LONG COMMONWEALTIMSEL�SSACHUSETTS NORTH AND-OYER ESSEX, SS. + IOR COURT SEP 3XACTION NO. 86-2047 IRVING E. ROGERS, JR. , ) JACQUELINE H. ROGERS and ) MARTHA B. ROGERS, AS TRUSTEES ) OF THE LAWRENCE EAGLE-TRIBUNE ) REALTY TRUST, } ( � Plaintiffs ) v V. } MICHAEL ROBERTS, CHAIRMAN, pn PAUL HEDSTROM, ERICH NITZFCHE, ) JOHN BURKE and JOHN SIMON, AS THEY ARE THE PLANNING } CkS BOARD OF THE TOWN OF NORTH ) `r'�V1 ANDOVER, THOMAS D. LAUDANI, } JAMES J. PHILBIN and JOSEPH } A. DAGAN, AS THEY ARE THE ) TRUSTEES OF FORBES REALTY ) TRUST and TRUSTEES OF THE } FIRST UNITED METHODIST ) CHURCH, Defendants ) MOTION THE PLAINTIFFS, TRUSTEES OF THE LAWRENCE EAGLE-TRIBUNE REALTY TRUST, TO AMEND THEIR COMPLAINT C° �? Now come the plaintiffs in the above-captioned C'W C� action, the Trustees of the Lawrence Eagle-Tribune / tiz '77 C�`"` Realty Trust, and move this Honorable Court that the Complaint in the above-captioned action be amended by adding thereto a new and additional paragraph 12 and states as the grounds for this motion that the addition of this paragraph describes actions of the , COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT CIVIL ACTION NO. 86-2047 t\J IRVING E. ROGERS, JR. , ) JACQUELINE H. ROGERS and ) MARTHA B. ROGERS, AS TRUSTEES ) OF THE LAWRENCE EAGLE-TRIBUNE ) REALTY TRUST, ) Plaintiffs ) } V. ) } MICHAEL ROBERTS, CHAIRMAN, ) PAUL HEDSTROM, ERICH NITZFCHE, ) JOHN BURKE and JOHN SIMON, } AS THEY ARE THE PLANNING ) BOARD OF THE TOWN OF NORTH ) ANDOVER, THOMAS D. LAUDANI , ) JAMES J. PHILBIN and JOSEPH ) A. DAGAN, AS THEY ARE THE ) TRUSTEES OF FORBES REALTY ) TRUST and TRUSTEES OF THE } FIRST UNITED METHODIST ) CHURCH, ) Defendants ) MOTION OF THE PLAINTIFF, LAWRENCE EAGLE-TRIBUNE REALTY TRUST, TO CONSOLIDATE Now comes the plaintiff in the above-captioned action, the Lawrence Eagle-Tribune Realty Trust, and p moves this Honorable Court to consolidate the above captioned action with: Irving E. Rogers, Jr. , et al. v. Michael Roberts, et al. , Essex Superior Court Civil Action No. 86-1750 and Irving E. Rogers, Jr. , et al. v. Michael Roberts, et al. , Essex Superior Court Civil 0 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT CIVIL ACTION NO. 86-1750 IRVING E. ROGERS, JR. , JACQUELINE H. ROGERS and ) MARTHA B. ROGERS,, AS TRUSTEES ) OF THE LAWRENCE EAGLE-TRIBUNE ) REALTY TRUST, } Plaintiffs V. ) �I MICHAEL ROBERTS, CHAIRMAN, ) ti PAUL HEDSTROM, ERICH NITZFCHE, ) . ti JOHN BURKE and JOHN SIMON, j AS THEY ARE THE PLANNING BOARD OF THE TOWN OF NORTH ) (',� ANDOVER, THOMAS D. LAUDANI, } � JAMES J. PHILBIN and JOSEPH ) A. DAGAN, AS THEY ARE THE ) TRUSTEES OF FORBES REALTY ) TRUST and TRUSTEES OF THE ) FIRST UNITED METHODIST ) CHURCH, } Defendants MOTION. OF THE PLAINTIFF, � LAWRENCE EAGLE-TRIBUNE REALTY TRUST, TO CONSOLIDATE y6 Now comes the plaintiff in the above-captioned action, the Lawrence Eagle-Tribune Realty Trust, and Ufi 7. moves this Honorable Court to consolidate the above- �e'c' captioned action with: Irving E. Rogers, Jr. , et al. v. Michael Roberts, et al. , Essex Superior Court Civil Action No. 86-1553 and Irvinq _E. Rogers, Jr. , et al. v. Michael Roberts, et al. , Essex Superior Court Civil 08/20/85 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT CIVIL ACTION NO. 86-1553 IRVING E. ROGERS, JR. , ) JACQUELINE H. ROGERS and ) MARTHA B. ROGERS, AS TRUSTEES ) OF THE LAWRENCE EAGLE-TRIBUNE ) REALTY TRUST, j Plaintiffs ) ) V. ) MICHAEL ROBERTS, CHAIRMAN, ) r� PAUL HEDSTROM, ERICH NITZFCHE, ) . JOHN BURKE and JOHN SIMON, } AS THEY ARE THE PLANNING } BOARD OF THE TOWN OF NORTH ) ANDOVER, THOMAS D. LAUDANI , JAMES J. PHILEIN and JOSEPH ) A. DAGAN, AS THEY ARE THE ) TRUSTEES OF FORBES REALTY ) � TRUST and TRUSTEES OF THE ) FIRST UNITEDMETHODIST ) CHURCH, ) Defendants ) MOTION OF THE PLAINTIFF, LAWRENCE EAGLE-TRIBUNE REALTY TRUST, r TO CONSOLIDATE Ca Now comes the plaintiff in the above-captioned AJaction, the Lawrence Eagle-Tribune Realty Trust, and moves this Honorable Court to consolidate the above- captioned action with: Irving E. Rogers, Jr. , et al. v. Michael Roberts, et al. , Essex Superior Court Civil Action No. 86-1750 and Irving -E. Rogers, Jr. , et al. v. Michael Roberts, et al. , Essex Superior Court Civil -1- i 07/03/86 t COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT CIVIL ACTION NO. IRVING E. ROGERS, JR. , ) JACQUELINE H. ROGERS and } MARTHA B. ROGERS, AS TRUSTEES OF THE LAWRENCE EAGLE-TRIBUNE REALTY TRUST, } Plaintiffs ) ., V. } MICHAEL ROBERTS, CHAIRMAN, ) PAUL HEDSTROM, ERICH NITZFCHE, ) JOHN BURKE and JOHN SIMON, ) AS THEY ARE THE PLANNING ) BOARD OF THE TOWN OF NORTH ) ANDOVER, THOMAS D. LAUDANI, ) JAMES J. PHILBIN and JOSEPH ) A. DAGAN, AS THEY ARE THE ) TRUSTEES OF FORBES REALTY ) TRUST and TRUSTEES OF THE ) FIRST UNITED METHODIST ) CHURCH, } Defendants ) COMPLAINT COUNT I 1. Irving E. Rogers, Jr. , Jacqueline H. Rogers and Martha B. Rogers, are Trustees of the Lawrence Eagle-Tribune Realty Trust (The Trust) , the owner of certain property in the Town of North Andover, Essex County, Massachusetts, (the Eagle-Tribune Property) . 2. Michael Roberts, Chairman, 479 Waverly Road, North Andover, Massachusetts; Paul Hedstrom, 30 Oak I 07/03/86 Ij I Drive, North Andover, Massachusetts; Erich Nitzfche, 1253 Salem Street, North Andover, Massachusetts, John Burke, 65 Hillside Road, North Andover, Massachusetts i and John Simon, Rock Road, North Andover, Massachusetts are the members of the Planning Board of the Town of North Andover, Essex County, i Massachusetts, (the Planning Board) . 3 . Thomas D. Laudani, James J. Philbin and Joseph A. Dagan are Trustees of the Forbes Realty Trust, which has a principal place of business at 401 Andover Street, North Andover, Essex County, Massachusetts, (Forbes Realty) and is in the business i of developing office parks and other developments. 4. The First United Methodist Church (the Church) is the owner of certain property (the Church Property) in North Andover, Essex County, Massachusetts, which abutts the Eagle-Tribune Property. 5. This count is brought pursuant to G.L. c.40A, §17. 6. The Church has agreed to lease to Forbes Realty a portion of the Church Property (the Forbes Realty Lease Property) for development by Forbes Realty as an office building. 7. Under the Town of North Andover' s Zoning By-law (the By-law) the Forbes Realty Lease Property -2- l . i 07/03/86 i +� cannot be developed as an office building without a special permit having been obtained from the Planning Board. 8. On February 3, 1986, Forbes Realty made application to the Planning Board for a special I i permit. (See Exhibit A attached. ) j 9. On February 24, 1986, and March 24, 1986, ! the Planning Board held a hearing on Forbes Realty's application for a special permit. 10. On June 16, 1986, the Planning Board held a meeting and purportedly voted to extend the time for it to act on Forbes Realty' s application for a special permit to July 25, 1986, and scheduled an additional hearing on that application for July 7, 1986. 11. General Law c. 40A, §9 provides that a ' zoning board of appeals or special permit granting authority must file with the town clerk a decision �I granting or denying an application for a special permit within ninety days of the date of the hearing on that application and must complete its hearing on the application within sixty-five days of the date of ff� application. i� 12 . The ninety-day period for the Planning Board to have acted on the Forbes Realty' s special permit application has expired with no decision having been + filed with the Town Clerk and sixty-five days have II -3- t 07/03/86 expired since the date Forbes Realty made application I I to the Planning Board for a special permit. 13 . General Law c. 40A contains no provision permitting a zoning board of appeals or a special permit granting authority to extend the time periods for the review of an application for a special permit { set forth in G.L. c. 40A, §9. E 14. Pursuant to the provisions of G.L. c. 40A, §9, the failure of the Planning Board to timely file a decision, complete its hearings within sixty-five days and its purported extension of the time periods contained in G.L. c. 40A, §9 may have resulted in a constructive grant of the special permit as applied for. 15. A grant of a special permit to Forbes Realty exceeds the authority of the Planning Board for the reasons that inter alia the site is not an appropriate location for the use and structure proposed, the use proposed will adversely affect the I neighborhood, it would be a nuisance and serious hazard because of traffic generated by the proposed use both to vehicles and pedestrians, adequate and appropriate facilities have not been provided for the 1 proper operation of the purposed use, including E parking, vehicular and pedestrian traffic flow, i drainage, sanitary sewerage and the proposed use is -4- `f 07/03/86 not in harmonywith the purpose and intent of the By-law. WHEREFORE, the Eagle-Tribune Realty Trust prays that this Honorable Court: 1. Determine whether a special permit has been constructively granted pursuant to G.L. c. 40A, §9; 2 . Determine that the special permit, if granted, exceeds the authority of the Planning Board and is otherwise unreasonable, arbitrary, capricious and unlawful; 3. Annul the issuance of the special permit; 4. Remand the matter to the Planning Board for the issuance of a decision denying Forbes Realty' s application for a special permit; S. Provide such other declaratory, injunctive or other relief as may be just. COUNT II 16. The Eagle-Tribune incorporates herein paragraphs 1-15 above. 17. This Count is brought pursuant to G.L. c. 231A. 18. A actual controversy exists between the parties based upon the facts set forth above and since: (1) the Trust asserts the failure of the Planning Board to issue a timely decision and I otherwise comply with the requirements of G.L. c. 40A, -5- 07/03/86 1 §9, which may have resulted in a constructive grant I pursuant to G.L. c. 40A, §9, of the special permit as ff applied for; (2) the Planning Board has failed to I discharge its statutory obligation to timely complete its hearings and to issue a timely decision; (3) Forbes Realty maintains that it is entitled to the special permit; and (4) the Church seeks to benefit from the grant of that special permit. WHEREFORE, the Eagle-Tribune Realty Trust prays that this Honorable Court: 1. Determine whether a special permit has been constructively granted pursuant to G.L. c. 40A, §9; 2. Determine that the special permit, if granted, exceeds the authority of the Planning Board and is otherwise unreasonable, arbitrary, capricious and unlawful; 3. Annul the issuance of the special permit; 4. Remand the matter to the Planning Board for the issuance of a decision denying Forbes Realty' s application for a special permit; S. Provide such other declaratory, injunctive or other relief as may be just. -6- 07/03/86 Respectfully submitted, LAWRENCE EAGLE-TRIBUNE REALTY TRUST, By its attorneys, 114 omas B ns Cheste Janiak BURNS & LEVINSON 50 Milk Street Boston, MA 02109 (617) 451-3300 I -7- TOWN i AA TOt+>hT CP NORTH ANDOVER NORTH OVER NASS&CHUSETrs 3 ?M wan PLANNING BOARD APPLICATI0N FOR SPBCIAL PERMIT NOTICE: This application must be typewritten Applicant Forbes Realest Address 401 An St., N. Andover, MA 01845 1s Application is hereby made (a) For a Special Permit under Section a , Paragraph 12 of the Zoning By-Law. 2. (a) Premises affected are land x and buildings x numbered 5757 Pe�ters_igtt, (b) Premises affected are property with frontage on the North x South" 5 &at x Nest side of Peters St. d Rt.114 Street, and samn as '- No. --n Peters SSt. Street. (e) Premises affected are in Zoning District 13-4 and the premises affected have an area of 124, 482 s.f. sud irontege of 232 31 feet. 3. Ownership: (a) Name and address of o%mer (if joint ownership, give all names): Trustees of the First United Methodist Church of North Andover Date of purohaes unknown Previous Ommer unknown (b)•If applicant is not owner, check his interest in the premises; Prospective purchaser x Lessee 'Other (explain) 4. Size of proposed building% 100 r front; 330 '- feet deep Height: 2 112 stories; 51 !_fast. (a) Approximate date of erection Sumner 1986 (b) Occupancy or use (of each floor) Office, Medical center (c) Type of construction Wood 5• Size of Existing Building: N/A feet front; feet deep Haight: stories feet. (a) Approximate date of erection (b) Occupancy or use (of WAh floor) (c) Type of construction b. Has-there been a previous "Plication for a Special Permit from the Planning Bawd on these premises? If so, when 7• Description of purpose for which Special Permit is Bought on this petition: Asrequired and i S Tien A Ra�Siremenr 12 of rhe Tnvnh3tAwa this application is being submitted to construct a proposed office building in the Business 4 District Zane (B-4) (over) A r 8. Deed recorded in the Registry of Deads in Book 1125 Page 176 or Land Court Certificate No. Book Page , . • 9. The principal points upon which I base my application are as follows: (must be stated in detail) To construct a proposed.50,000 s.f. business, professional, medical center, office complex etc. on 124,482 s.f. of property owned by the First United Methodist Church, in conformance to the Town of North Andover Zoning bylaws Section 8, Para. 12. , 2 agree to pqy for ad rLi ng in newspaper and postage fee for mailing legal notices to "Prties rest". %�. Petitioner's si tura . Phi in Every apglioation for action by the Board shall be made on a form approved by the Board. These foAs shall be furnished by,the Clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to.eeek relief natil such time as it is made on the official application form. All information' called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties in.interest" which shall include the petitioner, abutters, owners of land directly opposite on any public or private street''-or way and abutters to the abutters within three hundred (300) feet of the property line all as they appear on the most recent applicable tax list, notwith— standing that the land of any such owner is located in another city or town, the Plan— ning Board of the town and the planning board of every abutting city or town. LIST OF FARTTES IN INTEREST NAME ADnWS Red Squire Realty Trust 233 Needham St., Newton, MA 02164 c/o L&L N.A. Trust x Richard & Dorothy Nolin 187 Turnpike St., N. Andover, MA 01845 Joseph & Eileen McManus Peters St., N. Andover, MA 01845 Francis & !Catherine Holmes 163 Turnpike St., N. Andover, Ma 01845 V Lawrence Eagle Tribune 100 Turnpike St., N. Andover, MA 01845 v Victor Hatem 127 Turnpike St., N. Andover, MA 01845 Elieen P. Donovan 35 Peters St., N. Andover, MA 01845 Alfred & Eleanor Montgomery 102 Peters St., N. Andover, MA ' 01845 ,X John & Annette Royal 111 Peters St., N. Andover, MA 01845 ✓Ethel A. Donovan 25 Peters St., N. Andover, MA 01845 X Hillside Realty Trnst 14 Chickering Rd., N. Andover, MA 01845 X Robert 6 Deborah Chipman 30 Brewster St., N. Andover, MA 01845 X Robert H. Marion 36 Brewster St., N. Andover, MA 01845 x Stephen P. Lannan 38 Brewster St., N. Andover, MA 01845 ADD ADDITIONAL SHEETS, 1P NB=SARY. 'L COMMONWEALTH OF MASSACHUSETTS ESSEX SS. SUPERIOR COURT CIVIL ACTION NO. IRVING E. ROGERS, JR. , } JACQUELINE H. ROGERS and ) MARTHA B. ROGERS, AS TRUSTEES ) OF THE LAWRENCE EAGLE-TRIBUNE ) REALTY TRUST, } Plaintiffs ) v. ) } MICHAEL ROBERTS, CHAIRMAN, ) PAUL HEDSTROM, ERICH NITZFCHE, ) JOHN BURKE and JOHN SIMON, } AS THEY ARE THE PLANNING ) BOARD OF THE TOWN OF NORTH ) ANDOVER, THOMAS D. LAUDANI, } o JAMES J. PHILBIN and JOSEPH ) A. DAGAN, AS THEY ARE THE TRUSTEES OF FORBES REALTY ) -{�z_c• TRUST and TRUSTEES OF THE ' ^ FIRST UNITED METHODIST CHURCH, } o a ' Defendants ) i K;b C" NOTICE OF FILING OF COMPLAINT TO: THE TOWN CLERK TOWN OF NORTH ANDOVER TOWN HALL 120 MAIN STREET NORTH ANDOVER, MA 01845 Notice is hereby given, pursuant to the provisions of G.L. c . 40A, §17, that the attached Complaint naming as a defendant the members of the If Planning Board of the Town of North Andover has been ii filed in Essex Superior Court. i LAWRENCE EAGLE-TRIBUNE REALTY TRUST, By its attorneys, ii i t! T omas 1b., Aur s Ij Chester A. J�Aniak BURNS & LtEVINSON 50 Milk Street Boston, MA 02109 (617) 451-3300 DATED: October 8, 1986 i I �i f Ii it ii j 4t ;i t., jl i` i :i ii i ill ' i' l ii ,I ti T .y Q�17« D , �M�IKG 8�1<80 TOW8M401-PWORT11 ANDOVER NdR w W)gjCHUSETTS SEP ZG 3 33 Ph ` ' N,RTN, Any appeal shall be filed °A within (20) days after the dam of filing of this Notice in Vw Offia of#W Tom CM&. r. NOTICE OF DECISION ~ Date. . .$P-,Pte41bPr. .4 L. 19$0.. . . . Date of Hearing . . .'44-r 1 .44r. 1986 Petition of , , , , .. .FORBES. ,REALTY. (J. PHILBIN) . . . , , . . . . . . Premises affected . . . 57 PETERS STREET . . . . . , . . . . . . . . . . . . Referring to the above petition for a special permit from the requirements of the . . . . . ,North Andover Zoning Bylaw,.,Section.8:, paragraph 3_ , . . . .. . . . . . . . . . the construction of a new office building with so as to permit . . . . . ... . . . . . . . . . . . . . . associated parking. . . . . . . . . . . . . ... . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted Conditionally ~ to -Appvove. . . . . . .the . Site. Alan. Review. Spec ia l. .Permi t; . . . . . .. . .. . . . . based upon the following conditions: Signed T;il; Iji ;pche i , Chairman ,Michael, P., .Roberts,. Vices Chairman .JOhn Ls. Simons,, Clerk.. .. . . Paul A. Hedstrom .. . .. . . .. . . . John J. Burke .. . . . .. .Plannifig Board. .. . . . . . RECE;YED h1111H HIH €1APIF; t t3°r'G TO`ti "�'iffN OF NORTH ANDOVER NOR' 120 Main Street Og SEP 2E 33 p th Andover, MA. 01845 AM OppM SW be tiIW 1AI�t�lt dem�f the pORTM dft of of Oft Notice In the i?ffice of ft Town x * Clerk. September 22, 1986 Mr. Daniel Long, Town Clerk Town Office Building 120 Main Street North Andover, MA 01845 Re: CABOT VILLAGE SPECIAL PERMIT THROUGH SITE PLAN REVIEW Dear Mr. Long: The North Andover Planning Board held a Public Hearing on Monday evening, March 24, 1986 in the Town Office Meeting Room upon the application of Forbes Realty (J. Philbin) of 401 Andover Street, N. Andover, MA. The hearing was advertised in the North Andover Citizen on March 6 and March 13, 1986. The following members were present at the March 24, 1986 meeting: Michael P. Roberts, Chairman; John L. Simons; John J. Burke and Erich W. Nitzsche. The petitioner seeks a Special Permit under Section 8 , Paragraph 3 : Site Plan Review. The purpose of the Site Plan Special Permit is to review Forbes Realty' s proposal to construct a new office building with associated parking. The premises is located on the east side of Peters Street and Route 114 and known as 57 Peters Street possessing 2. 8 acres in a Business-4 (B-4) Zoning District. The applicant proposes a 2J story wood and steel frame building totalling 50,000 square feet. The building height is proposed to be 60 feet with parking for 143 vehicles, lot coverage is 15 percent (%) . John J. Burke read the legal notice and opened the public hearing. Letters from the Highway Department, Burns & Levinson (which Mr. Burn' s waived) , Sherman Eidelman of the State Department of Public Works, Fire Department and Board of Health were read into the record. Russell Bodner, Attorney for Forbes Realty Trust gave a brief overview of the project and introduced the other parties associated with the project: Attorney Novak, First United Methodist Church, Jonathan Woodman, Richard Kaminski. Comments: Cabot Village Special Permit MEWro Page 2 DANIEL ?C G TOWN Ci.r RK NORTH; A?r'( OVER - Project name is Cabot Village which will become a Medical/Office building with 50,000 square feet o-ISEp26 3 33 space. - Two buildings with walkways between them. - Possible tenants: HMO, bank, offices, e.g, financial, legal, accounting, medical, dental. Approximately 40% already taken. - Screened parking. - The site possess 6.08 acres. - Meets all zoning requirements. - Water and sewer tie in will be from Rte. 114. - Trash disposal by a private firm. No increase in rate of runoff. Mr. Thomas Burns, attorney for the Eagle Tribune (an abutter) made the following comments for his client: - History of what transpired when land was purchased by the Church. - Tribune was apparently given the right of first refusal on the property. - Quoted a Merrimack Valley Planning Commission Traffic Study-1985, which stated that the Route 114 area is a service level-E, near capacity. - Requested the Board deny the Site Plan Review. A motion was made by John J. Burke, and seconded by Erich W. Nitzsche to close the Public Hearing and take the matter under advisement and to accept for Planning Board review ,the traffic study information when it becomes available. The motion was unanimously approved. At the Planning Board meeting of July 7, 1986, the Board accepted the Traffic Impact Study from the applicants representative, Mr. William Place, for review and consideration. The following material was included, but not limited to, in the review of the Site Plan Review proposal: - Letter of presentation (no date. ) - Elevation plan dated January 27, 1986 by Woodman Assoc. - Site Plan dated February 3, 1986 by Woodman Associates and Richard Kaminski Assoc. - Environmental Notification Form received by the Planning Board Office on April 7 , 1986 by Richard Kaminski Assoc. - Certificate from the Executive Office of Environmental Affairs dated July 9, 1986. - Letters from the State Department of Public Works dated 3/27/86 and 2/20/86, and subsequent letter received 6/16/86 (undated.) - Route 114 draft Traffic Study by the Merrimack Valley Planning Commission dated May 1985. - Traffic Impact Study dated May 1986 by Richard Kaminski Assoc. Cabot Village Special Permit Page 5 RE€EI'11nD DANIEL I J"jG TOWIy CL`ftK NO YilI ` '�dvig vehicles - There will be no nuisance or serious az or pedestrians due to the propose s�tg� an4 ff site road improvements, and SDPW roadwa nt r-L i improvements. - Adequate and appropriate facilities, such as town water, sewer and adequate parking and green space, will be provided for proper operation of the proposed uses. Based on site visits, the hearing process, and reviews from outside departments and agencies, the Planning Board will permit the allowed USE with the reduction in the scale and size of the building, to be considered harmonious with the 'general' purpose and intent of the Zoning Bylaw. Sincerely, For the PLANNING BOARD c:� w•11 Erich W. Nitzsche, Chairma EWN:nrs Attachments A & B cc: Highway Surveyor Board of Public Works Tree Warden Conservation Commission Building Inspector Board of Health Assessor Fire Chief Police Chief Applicant Engineer File Interested Parties i Cabot Village Special Permit ?WOE{VEO Page 3 OAM1Et LONG TOWN CLERK NORTH ,NOOVER - Traffic Impact Study, May 1986, revised July 186g - Traffic Impact Study, May 1986, rev. July _a_�a4 33PMf86 August 1986. - Proposed Site Plan dated 9/4 rev. 9/19/86 showing increased setback/buffer area, additional screening and landscaping, reduction in building square footage. The Planning Board granted extensions at the following Planning Board meetings at the request of the applicants: June 16 , 1986; July 21, 1986; August 18, 1986; September 8, 1986. The following members were present and voting at the September 22, 1986 meeting when the Board rendered their decision: Erich W. Nitzsche, Chairman; Michael P. Roberts, Vice-Chairman; John L. Simons, Clerk; John J. Burke and Paul A. Hedstrom. Upon a motion made by Michael P. Roberts, seconded by John J. Burke to conditionally approve the Cabot Village Site Plan Review Special Permit subject to the 13 conditions stated in the draft approval. The board voted four (4) in favor (Erich W. Nitzsche, Michael P. Roberts, John J. Burke and Paul A. Hedstrom) , one (1) opposed (John L. Simons. ) The conditions are: 1) The Planning Board has determined that the proposed USE is permitted at the site in accordance with Section 4.127 - Business 4, of the Zoning Bylaw. 2) The Planning Board has also determined that the reduced scale and size of the proposed building is in keeping with the surrounding neighborhood. 3) The 100 foot setback along Route 114 and Peters Street shall remain open green space, not paved or parked upon other than for emergency fire protection. 4) The proposed brick fire lane shall be constructed in accordance with the Highway Surveyor recommendations based on the cross section provided on the plan. 5) A 10 foot green area between the church and parking spaces shall be planted with dense evergreen foliage that visibly screens the lot from all sides of the church. 6) All exterior lighting shall be directed inward toward the property and not toward any abutting land or buildings. Cabot Village Special Permit REMM Page 4 04NIEL to �G fiUvfh 0-FR K.. NORTH AF;3( Ak 7) The driveway entrance and asSt f�A be sloped to prevent any surface runo om f owing onto Route 114 and abutting properties. 8) In accordance with the Fire Department' s recommendations dated 2/10/86 (Exhibit A) and Highway Surveyor' s recommendations dated 2/21/86 (Exhibit B) . 9) A complete itemized detailed landscaping plan specifying species type and size and quantity shall be submitted for review and approval prior to any construction. Security shall be retained by the Town for proper planting and supervision. Set amount shall be determined by the Tree Warden and retained by the Planning Board. 10) No construction shall take place until the developer complies with all State permits, but not limited to, Mass. Environmental Protection Agency and State DPW and shall be constructed in accordance with said permits. 11) If any existing shade trees are removed or die prior to the release of bond money (security) , the developer shall, at their expense, replace the said trees of a comparable species and relatively mature size. 12) Traffic control officer shall be present during peak hours (7 - 9 a.m. and 4 - 5: 30 p.m. ) to be paid by the building owner. 13) There exists a safety hazard at the subject location due to excessive traffic. The Planning Board further finds that because of State DPW and developer improve- ments planned for the intersection as set forth on application and related plans and as detailed to the Planning Board by the State DPW, the safety concerns will be addressed adequately. Should any of the above improvements not be constructed in a timely fashion consistent with occupancy of the subject property, the Planning Board will request the Building Inspector restrain occupancy pending an evaluation of the traffic conditions at that time. In conditionally granting this Special Permit, the Planning Board finds pursuant to Section 10 . 31 CONDITIONS FOR APPROVAL OF SPECIAL PERMITS OF THE ZONING BYLAW the following: - The site, 57 Peters Street, is an appropriate location for the proposed USE; - The USE, an office building, will not adversely affect the neighborhood due to the reduction in building square footage and the surrounding environment. The location of this site as it relates to the surrounding environment requires this limitation to be placed on the size of operation and extent of facilities, as allowed under Section 10.31; I rixtEo 08/08/86 t iCaw" OF E COMMONWEALTH fASfP� 'S + ESSEX, SS. SUPERIOR COURT s CIVIL ACTION NO. IRVING E. ROGERS, JR. , ) JACQUELINE H. ROGERS and ) MARTHA B. ROGERS, AS TRUSTEES ) OF THE LAWRENCE EAGLE-TRIBUNE ) REALTY TRUST, ) Plaintiffs ) V. ) } MICHAEL ROBERTS, CHAIRMAN, ) PAUL HEDSTROM, ERICH NITZFCHE, ) JOHN BURKE and JOHN SIMON, ) AS THEY ARE THE PLANNING ) I! BOARD OF THE TOWN OF NORTH ) ANDOVER, THOMAS D. LAUDANI , ) i JAMES J. PHILBIN and JOSEPH A. DAGAN, AS THEY ARE THE ) TRUSTEES OF FORBES REALTY ) TRUST and TRUSTEES OF THE ) FIRST UNITED METHODIST ) CHURCH, ) Defendants ) } COMPLAINT COUNT I 1. Irving E. Rogers, Jr. , Jacqueline H. Rogers 1 ( and Martha B. Rogers, are Trustees of the Lawrence II Eagle-Tribune Realty Trust (The Trust) , the owner of certain property in the Town of North Andover, Essex County, Massachusetts, (the Eagle-Tribune Property) . 2. Michael Roberts, Chairman, 479 Waverly Road, i North Andover, Massachusetts; Paul Hedstrom, 30 Oak I 1 i -1- I 08/08/86 . I Drive, North Andover, Massachusetts; Erich Nitzfche, 1253 Salem Street, North Andover, Massachusetts; John Burke, 65 Hillside Road, North Andover, Massachusetts I and John Simon, Rock Road, North Andover, Massachusetts are the members of the Planning Board of the Town of North Andover, Essex County, Massachusetts, (the Planning Board) . 3 . Thomas D. Laudani, James J. Philbin and Joseph A. Dagan are Trustees of the Forbes Realty Trust, which has a principal place of business at 401 Andover Street, North Andover, Essex County, Massachusetts, (Forbes Realty) and is in the business of developing office parks and other developments. 4. The First United Methodist Church (the Church) is the owner of certain property (the Church Property) in North Andover, Essex County, Massachusetts, which abutts the Eagle-Tribune Property. 5. This count is brought pursuant to G.L. c.40A, §17. 6. The Church has agreed to lease to Forbes Realty a portion of the Church Property (the Forbes Realty Lease Property) for development by Forbes Realty as an office building. 7. Under the Town of North Andover' s Zoning By-law (the By-law) the Forbes Realty Lease Property f c, r -2- !I j 08/08/86 i cannot be developed as an office building without a special permit having been obtained from the Planning Board. 8. On February 3, 1986, Forbes Realty made application t AA o the Planning Board for a special permit. (See Exhibit A attached. ) 9. On February 24, 1986, and March 24, 1986, the Planning Board held a hearing on Forbes Realty' s application for a special permit. 10. On June 16, 1986, the Planning Board held a meeting and purportedly voted to extend the time for it to act on Forbes Realty' s application for a special permit to July 25, 1986, and scheduled an additional hearing on that application for July 7, 1986. 11. On July 21, 1986, the Planning Board held a meeting and again purportedly voted to extend the time for it to act on Forbes Realty' s application for a special permit this time to August 24, 1986. 12. General Law c. 40A, §9 provides that a zoning board of appeals or special permit granting authority must file with the town clerk a decision granting or denying an application for a special permit within ninety days of the date of the hearing on that application and must complete its hearing on the application within, sixty-five days of the date of application. -3- 1 08/08/86 ` 13 . The ninety-day period for the Planning Board ! to have acted on the Forbes Realty' s special permit application has expired with no decision having been filed with the Town Clerk and sixty-five days have expired since the date Forbes Realty made application to the Planning Board for a special permit. 14. General Law c. 40A contains no provision permitting a zoning board of appeals or a special permit granting authority to extend the time periods for the review of an application for a special permit set forth in G.L. c. 40A, §9. 15. Pursuant to the provisions of G.L. c. 40A, §9, the failure of the Planning Board to timely file a decision, complete its hearings within sixty-five days and its purported extension of the time periods contained in G.L. c. 40A, §9 may have resulted in' a constructive grant of the special permit as applied for. 16. A grant of a special permit to Forbes Realty exceeds the authority of the Planning Board for the reasons that inter alia: the site is not an appropriate location for the use and structure proposed, the use proposed will adversely affect the I neighborhood, it would be a nuisance and serious hazard because of traffic generated by the proposed use both to vehicles and pedestrians, adequate and i � !Ij I� -4- i 08/08/86 I appropriate facilities have not been provided for the proper operation of the purposed use, including parking, vehicular and pedestrian traffic flow, +� drainage, sanitary sewerage and the proposed use is not in harmony with the purpose and intent of the By-law. WHEREFORE, the Eagle-Tribune Realty Trust prays that this Honorable Court: 1. Determine whether a special permit has been constructively granted pursuant to G.L. c. 40A, §9; 2. Determine that the special permit, if granted, exceeds the authority of the Planning Board and is otherwise unreasonable, arbitrary, capricious and unlawful; 3. Annul the issuance of the special permit; 4. Remand the matter to the Planning Board for the issuance of a decision denying Forbes Realty' s application for a special permit; I 5. Provide such other declaratory, injunctive or other relief as may be just. COUNT II 17. The Eagle-Tribune incorporates herein I paragraphs 1-16 above. 18. This Count is brought pursuant to G.L. f c. 231A. i i I i i � -5- f 08/08/86 19. A actual controversy exists between the parties based upon the facts set forth above and f since: (1) the Trust asserts the failure of the Planning Board to issue a timely decision and otherwise comply with the requirements of G.L. c. 40A, §9, which may have resulted in a constructive grant pursuant to G.L. c. 40A, §9, of the special permit as applied for; (2) the Planning Board has failed to discharge its statutory obligation to timely complete its hearings and to issue a timely decision; (3) Forbes Realty maintains that it is entitled to the special permit; and (4) the Church seeks to benefit from the grant of that special permit. WHEREFORE, the Eagle-Tribune Realty Trust prays that this Honorable Court: 1. Determine whether a special permit has been constructively granted pursuant to G.L. c. 40A, §9; 2. Determine that the special permit, if granted, exceeds the authority of the Planning Board and is otherwise unreasonable, arbitrary, capricious and unlawful; s 3. Annul the issuance of the special permit; 4. Remand the matter to the Planning Board for the issuance of a decision denying Forbes Realty's I application for a special permit; -6- i t 5. Provide such other declaratory, injunctive or other relief as may be just. I� Respectfully submitted, LAWRENCE EAGLE-TRIBUNE REALTY TRUST, By its attorneys, oma u ns Chester A. aniak BURNS & LEVINSON 50 Milk Street Boston, MA 02109 (617) 451-3300 f f k i y LeK �� ,RDpvLR ' 45 NWEALTH OF MASSACHUSETTS ES !{ SS. C� �Y SUPERIOR COURT CIVIL ACTION NO. f IRVING E. ROGERS, JR. , ) JACQUELINE H. ROGERS and ) MARTHA B. ROGERS, AS TRUSTEES ) OF THE LAWRENCE EAGLE-TRIBUNE ) REALTY TRUST, ) Plaintiffs ) V. ) MICHAEL ROBERTS, CHAIRMAN, ) PAUL HEDSTROM, ERICH NITZFCHE, ) JOHN BURKE and JOHN SIMON, ) AS THEY ARE THE PLANNING ) BOARD OF THE TOWN OF NORTH ) ANDOVER, THOMAS D. LAUDANI, ) JAMES J. PHILBIN and JOSEPH ) A. DAGAN, AS THEY ARE THE TRUSTEES OF FORBES REALTY ) TRUST and TRUSTEES OF THE ) FIRST UNITED METHODIST ) CHURCH, ) Defendants ) NOTICE OF FILING OF COMPLAINT TO: THE TOWN CLERK TOWN OF NORTH ANDOVER TOWN HALL 120 MAIN STREET NORTH ANDOVER, MA 01845 Notice is hereby given, pursuant to the provisions of G.L. c. 40A,_.§17, that the attached Complaint naming as a defendant the members of the j 08/08/86 . r SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY THIS 8TH DAY OF AUGUST, 1986. I i Chester A. JabXak BURNS & LEVINSON 50 Milk Street Boston, MA 02109 (617) 451-3300 I I i 4 I -2- i 08/08/86 s pAH1E� Lt 1j)'N H yct c�EFS COMMONFAL�H:'OF ACHUSETTS ESSEX, SS. Auc a SUPERIOR COURT CIVIL ACTION NO. ) IRVING E. ROGERS, JR. , ) JACQUELINE H. ROGERS and ) MARTHA B. ROGERS, AS TRUSTEES ) OF THE LAWRENCE EAGLE-TRIBUNE ) REALTY TRUST, ) Plaintiffs ) ' V. MICHAEL ROBERTS, CHAIRMAN, ) PAUL HEDSTROM, ERICH NITZFCHE, ) JOHN BURKE and JOHN SIMON, ) AS THEY ARE THE PLANNING ) I BOARD OF THE TOWN OF NORTH ANDOVER, THOMAS D. LAUDANI, ) JAMES J. PHILBIN and JOSEPH } A. DAGAN, AS THEY ARE THE ) TRUSTEES OF FORBES REALTY ) TRUST and TRUSTEES OF THE ) FIRST UNITED METHODIST ) CHURCH, ) Defendants ) CERTIFICATION OF SERVICE OF COMPLAINT Now comes the undersigned counsel for the plaintiff herein, the Lawrence Eagle-Tribune Realty Trust, and certifies and states under the pains and penalties of perjury that on August 8, 1986, he made service of the Complaint in this action by mailing copies of the same by first-class certified mail, postage prepaid to all the defendants named herein. -1- i I Planning Board of the Town of North Andover has been filed in Essex Superior Court. LAWRENCE EAGLE-TRIBUNE REALTY TRUST, By its attorneys, Intl 4AmwdD4_ a Th mas Chester A. a iak BURNS & LEV SON 50 Milk Street Boston, MA 02109 (617) 451-3300 i i REizeVrO DAN#F.L _1_ 114G TOHm ( ( FPK LAWRENCE M,LEVINSON PAUL E,STANZLER STEPHEN PHATES ROBERTWWEINSTEIN MCNACL WEINDENG JAMS*E.P9L000IMBURNS & LEVI1 AIN 1 ^rn aaa��' WILLIAMGIORGE M.C"MCY ALAN K.POSNER ROBERT C.RIVEN.in. ?% toe BARRY L SOLAR M.FORD DAVID M.GOVERHO WILLIAM A.WORTH COUNSELLORS AT LtW '1� JOHN J.MCOIVNEY MICHAEL R.GOTTFRIED R 0 R HOWARD OL MEDWCD RICHARD L KAPLAN JOHN X.SAVOCA SAMUEL P.SEARS.JR. PAULF.DENVER NANCY KELLY JOHN ADONOVAN.JR. MICHAEL J.GRACE ANDREW T.COLAMARIA 50 MILK STREET NORMAN C SECTOR DAVID ROSENSLATT RANDOLPH L SMITH CHARLES MARK FURCOLO DAVID STRAYS$ - DANA C.SLAKSLEK BOSTON. MASSACHUSETTS 02109 MARTIN S.SHULKIN PAUL ALAN RUPO ANDREW BROWN STEVEN C.GOODWIN. PETER F.ZUPCOPSKA MARE M.CHRISTOPHER LAWRENCE G.CETRULO EDWARD J.KRUG KEVIN M.DICK (617) 451-3300 CATHERINE A.WHITE KATHLEEN A.&CROTON JAY S'.GREGORY RUSSELL F.CONN JOELS.FMCXDMAN DOROTHY AN ME NURD TELECOPIER(617)451-3760 EOE S.ROSEMTHAL &ARMY C GOLD CONSTANCE M.MSGRANC - JAMES F.KAVANAUGH.JR. EARSARA E.HAMELRURG DARRELL MOOK THOMAS E.PEISCM JEFFREY A SCHREISER ANN M.RISSO WILLIAM E.MODCRI SUSAN M.SARHARD ARMS E.SAROEANT. ELAINE M.MORIARTY DAVID R.SULLIVAN SETSY ANNE SEEL PETER J.SCHNEIDER RAYMOND C.BAXTER JOHN P.WALKER TRAVER CLINTON SMITH.JR. ANN C.EGAN KEVIN E.YOUNG MELVIN A.WARSHAW NANCY L.BRUSH MARGOT AME$CLOWER CHRISTOPHER A.DUGGAN ELIZABETH E.ZAOWORNY JOSEPH K.MACKEY EDMUND J.O'BRIEM CHARLES F.MOORE O.C..KPKL August 8 , 1986 Clerk' s Office, Civil Essex Superior Court 34 Federal Street I Salem, MA 01970 Re : Irving E. Rogers , Jr. , et al. Vs : Michael Roberts , Chairman, et a1. Dear Sir/Madam: Enclosed for filing please find the following: 1. Complaint; 2 . Notice of Filing of Complaint; 3. Certification of Service of Complaint; 4. Civil Action Cover Sheet; and 5. $55 filing fee. After they have been received and entered, please return the enclosed postcard. Thank you for your assistance. Sincerely, Chester A. J ak CAJ/ljr Enclosures 1377-5 10/07/86 j COMMONWEALTH OF MASSACHUSETTS i. ESSEX, SS. SUPERIOR COURT CIVIL ACTION NO. IRVING E. ROGERS, JR. , ) JACQUELINE H. ROGERS and ) MARTHA B. ROGERS, AS TRUSTEES ) OF THE LAWRENCE EAGLE-TRIBUNE ) REALTY TRUST, ) Plaintiffs ) } V. (� MICHAEL ROBERTS, CHAIRMAN, ) i PAUL HEDSTROM, ERICH NITZFCHE, ) JOHN BURKE and JOHN SIMON, ) AS THEY ARE THE PLANNING ) BOARD OF THE TOWN OF NORTH �a ANDOVER, THOMAS D. LAUDANI , 30- ) .����,� JAMES J. PHILBIN and JOSEPH ) _ csrfne� A. DAGAN, AS THEY ARE THE TRUSTEES OF FORBES REALTY TRUST and TRUSTEES OF THE FIRST UNITED METHODIST ) �+ CHURCH, ) cra Defendants ) I I� COMPLAINT COUNT I 1. Irving E. Rogers, Jr. , Jacqueline H. Rogers and Martha B. Rogers, are Trustees of the Lawrence Eagle-Tribune Realty Trust (The Trust) , the owner of certain property in the Town of North Andover, Essex Count Massachusetts - Y. (the Eagle Tribune Property) . 2 . Michael Roberts, 479 Waverly Road, North Andover, Massachusetts; Paul Hedstrom, 30 Oak Drive, ii 10/07/86 North Andover, Massachusetts; Erich Nitzsche, 1253 Salem Street, North Andover, Massachusetts, John. Burke, 65 Hillside Road, North Andover, Massachusetts and John Simons, Rock Road, North Andover, Massachusetts are the members of the Planning Board of the Town of North Andover, Essex County, Massachusetts, (the Planning Board) . 3. Thomas D. Laudani, James J. Philbin and Joseph A. Dagan are Trustees of the Forbes Realty Trust, which has a principal place of business at 401 Andover Street, North Andover, Essex County, Massachusetts, (Forbes Realty) and is in the business of developing office parks and other developments. 4. The First United Methodist Church (the Church) is the owner of certain property (the Church Property) in North Andover, Essex County, Massachusetts, which abutts the Eagle-Tribune Property. S. This count is brought pursuant to G.L. c . 40A, §17. 6. The Church has agreed to lease to Forbes Realty a portion of the Church Property (the Forbes Realty Lease Property) for development by Forbes Realty as an office building. 7. Under the Town of North Andover' s Zoning By-law (the By-law) the Forbes Realty Lease Property -2- 10/07/86 cannot be developed as an office building without a special permit having been obtained from the Planning Board. 8. On February 3, 1986, Forbes Realty made application to the Planning Board for a special permit. (See Exhibit A attached. ) 9. On February 24, 1986, and March 24, 1986, the Planning Board held a hearing on Forbes Realty' s application for a special permit. 10. On June 16, 1986, the Planning Board held a meeting and purportedly voted to extend the time for it to act on Forbes Realty' s application for a special permit to July 25, 1986, and scheduled an additional hearing on that application for July 7, 1986. 11. On July 21, 1986, the Planning Board held a meeting and again purportedly voted to extend the time for it to act on Forbes Realty's application for a special permit this time to August 24, 1986. 12 . On August 18, 1986, the Planning Board held a meeting and again purportedly voted to extend the time for it to act on Forbes Realty' s application for a special permit this time to August 24, 1986. r 13 . On September 8, 1986, the Planning Board held a meeting and again purportedly voted to extend the time to act upon the special permit application of Forbes Realty Trust to and including September 25, -3- 10/07/86 1986, and to consider the pending application for a special permit of Forbes Realty Trust at a meeting of the Planning Board scheduled for September 22, 1986. 14. On September 23, 1986, the Planning Board granted Forbes Realty the special permit applied for. A copy of the Planning Board' s decision is attached. 15. General Law c. 40A, §9 provides that a zoning board of appeals or special permit granting authority must file with the town clerk a decision granting or denying an application for a special permit within ninety days of the date of the hearing on that application and must complete its hearing on the application within sixty-five days of the date of application. 16. The ninety-day period for the Planning Board to have acted on the Forbes Realty' s special permit application has expired with no decision having been filed with the Town Clerk and sixty-five days have expired since the date Forbes Realty made application to the Planning Board for a special permit. 17. General Law c. 40A contains no provision permitting a zoning board of appeals or a special permit granting authority to extend the time periods for the review of an application for a special permit set forth in G.L. c. 40A, §9. -4- 10/07/86 18. Pursuant to the provisions of G.L. c. 40A, §9, the failure of the Planning Board to timely file a decision, complete its hearings within sixty-five days and its purported extension of the time periods contained in G.L. c. 40A, §9 may have resulted in a constructive grant of the special permit as applied for. 19 . A grant of a special permit to Forbes Realty, whether constructively or by the Planning Board, exceeds the authority of the Planning Board for the reasons that inter alia: the site is not an appropriate location for the use and structure proposed, the use proposed will adversely affect the neighborhood, it would be a nuisance and serious hazard because of traffic generated by the proposed i; use both to vehicles and pedestrians, adequate and appropriate facilities have not been provided for the i� proper operation of the purposed use, including �I i parking, vehicular and pedestrian traffic .flow, drainage, sanitary sewerage and the proposed use is not in harmony with the purpose and intent of the By-law. WHEREFORE, the Eagle-Tribune Realty Trust prays that this Honorable Court: 1. Determine whether a special permit has been constructively granted pursuant to G.L. c. 40A, §9; I� -5- 10/07/86 2 . Determine that the special permit, if granted, whether constructively or by the Planning Board, exceeds the authority of the Planning Board and is otherwise unreasonable, arbitrary, capricious and unlawful; 3 . Annul the issuance of the special permit; 4. Remand the matter to the Planning Board for the issuance of a decision denying Forbes Realty' s application for a special permit; 5 . Provide such other declaratory, injunctive or other relief as may be just. COUNT II 20. The Eagle-Tribune incorporates herein paragraphs 1-19 above . 21. This Count is brought pursuant to G.L. c. 231A. 22 . A actual controversy exists between the parties based upon the facts set forth above and since: ( 1) the Trust asserts the failure of the Planning Board to issue a timely decision and otherwise comply with the requirements of G.L. c. 40A, §9, which may have resulted in a constructive grant pursuant to G.L. c . 40A, §9, of the special permit as applied for; (2) the Planning Board has failed to discharge its statutory obligation to timely complete its hearings and to issue a timely decision; (3) Forbes Realty maintains that it is entitled to the -6- 10/07/86 special permit; (4) a special permit has been granted by the Planning Board; and (5) the Church seeks to benefit from the grant of that special permit. WHEREFORE, the Eagle-Tribune Realty Trust prays that this Honorable Court: 1. Determine whether a special permit has been constructively granted pursuant to G.L. c. 40A, §9; 2 . Determine that the special permit, if ,i granted, whether constructively or by the Planning Board, exceeds the authority of the Planning Board and is otherwise unreasonable, arbitrary, capricious and unlawful; 3 . Annul the issuance of the special permit; 4. Remand the matter to the Planning Board for the issuance of a decision denying Forbes Realty' s application for a special permit; 5. Provide such other declaratory, injunctive or other relief as may be just. Respectfully submitted, LAWRENCE EAGLE-TRIBUNE REALTY TRUST, By its attorneys, T omas ns Chester A. aniak BURNS & LEVINSON 50 Milk- Street Boston, MA 02109 (617) 451-3300 -7- �:� ,<<:�_ �PA�MIKG DQADD a:;. TOW'1 ,:0 MKNORTIi ANDOVER 1!1'A.S. .%"ACHUSETTS SEP 2u 0 ?3 'r! ' An appeal shall b 8 '", �� ...... + Y QP a filed within (20) days� ) after the ' date of filing ofhi t s Notice '' °'' •'"w;, In the Office of the Town ,`t��CMV5t1 Clerk. NOTICE OF DECISION Date. . .5rRtgmk�px .43:, �.9.$�. . . . . Date of Hearing . . .M4:r9k .Z4 , . 1986 Petition of . . . , , , . . . FORBES REALTY (J PHILBIN) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. . . . . . . . . . . .. . . . . . . . . Premises affected . . . 57 PETERS .STREET . . . . . . . . . . . . . . Referring to the above petition for a special permit from the requirements of the . . . . . ,North ,Andover. Zoning. Bylaw, Section 8,, paragraph 3 . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . ... . .. so as to permit . , , ,the .construction.of, a new office .building, with. .. . . . . associated harking,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . .. . .. . . . . . . After a public hearing given on the above date, the Planning Board voted Conditionally to .Approve • • .the . . . . . Site. P1aa. Review. Specia]..Permi.t . . . .. . . . . . . . . . based upon the following conditions: Signed jc ATTEST: ,1licha�gl, P., ,Roberts,, Vice-Chairman A True Copy /. ,JOhn .L,. . . ... . . ...SimonsClerk �.�"""• / p4 � . . . . . . . . . .. . . Town Clerk " Paul A. Hedstrom . . . . I . . .. . . . . . . . . . . . .. John J. Burke .. . . • . . .Planning ° Board' MUM HUI r�VN OF NORTH ANDOVER Nr- 120 Main Street SLp 2G ,3 t,�Ngrh Andover, MA. 01845 685-4775 Any appeal shall be filed Tw whhin (20) days after the MCR date of filing of this Notice In the Office of the Town Clerk. September 22, 1986 Mr. Daniel Long, Town Clerk Town Office Building 120 Main Street North Andover, MA 01845 Re: CABOT VILLAGE SPECIAL PERMIT ' THROUGH SITE PLAN REVIEW Dear Mr. Long: The North Andover Planning Board held a Public Hearing on Monday evening, March 24, 1986 in the Town Office Meeting Room upon the application of Forbes Realty (J. Philbin) of 401 Andover Street, N. Andover, MA. The hearing was advertised in the North Andover Citizen on March 6 and March 13, 1986 . The following members were present at the March 24 , 1986 meeting: Michael P. Roberts, Chairman; John L. Simons; John J. Burke and Erich W. Nitzsche. The petitioner seeks a Special Permit under Section 8, Paragraph 3: Site Plan Review. The purpose of the Site Plan Special Permit is to review Forbes Realty' s proposal to construct a new office building with associated parking. The premises is located on the east side of Peters Street and Ro4te 114 and known as 57 Peters Street possessing 2. 8 acres in a Business-4 (B-4) Zoning District. The applicant proposes a 21 story wood and steel frame building totalling 50,000 square feet. The building height is proposed to be 60 feet with parking for 143 vehicles, lot coverage is 15 percent M . John J. Burke read the legal notice and opened the public hearing. Letters from the Highway Department, Burns & Levinson (which Mr. Burn's waived) , Sherman Eidelman of the State Department of Public Works, Fire Department and Board of Health were read into the record. Russell Bodner, Attorney for Forbes Realty Trust gave a brief overview of the project and introduced the other parties. associated with the project: Attorney Novak, First United Methodist Church, Jonathan Woodman, Richard Kaminski. Comments: Cabot Village Special Permit R£C:!'If_0 Page 2 p�!!{FL ?.'?'.G NOV!: ;,;;('OYER - Project name is Cabot Village which will become a Medical/Office building with 50, 000 square feet o.�EpZs 33 space. - Two buildings with walkways between them. - Possible tenants: HMO, bank, offices, e.g. financial, legal, accounting, medical, dental. Approximately 40% already taken. - Screened parking. - The site possess 6.08 acres . - Meets all zoning requirements. Water and sewer tie in will be from Rte. 114. - Trash disposal by a private firm. - No increase in rate of runoff. Mr. Thomas Burns, attorney for the Eagle Tribune (an abutter) made the following comments for his client: - History of what transpired when land was purchased by the Church. - Tribune was apparently given the right of first refusal on the property. - Quoted a Merrimack Valley Planning Commission Traffic Study-1985, which stated that the Route 114 area is a service level-E, near capacity. - Requested the Board deny the Site Plan Review. A motion was made by John J. Burke, and seconded by Erich W. Nitzsche to close the Public Hearing and take the matter under advisement and to accept for Planning Board review ,the traffic study information when it becomes available. The motion was unanimously approved. At the Planning Board meeting of July 7, 1986, the Board accepted the Traffic Impact Study from the applicants representative, Mr. William Place, for review and consideration. The following material was included, but not limited to, in the review of the Site Plan Review proposal: - Letter of presentation (no date. ) - Elevation plan dated January 27, 1986 by Woodman Assoc. - Site Plan dated February 3, 1986 by Woodman Associates and Richard Kaminski Assoc. - Environmental Notification Form received by the Planning Board Office on April 7, 1986 by Richard Kaminski Assoc. - Certificate from the Executive office of Environmental Affairs dated July 9, 1986. - Letters from the State Department of Public Works dated 3/27/86 and 2/20/86, and subsequent letter received 6/16/86 (undated. ) - Route 114 draft Traffic Study by the Merrimack Valley Planning Commission dated May 1985. - Traffic Impact Study dated May 1986 by Richard Kaminski Assoc. Cabot Village Special Permit RCi;1.,;`� Page 3 DANi;L i'G TOY NN K NORT`.l i,w.4�'] ER - Traffic Impact Study, May 1986, revised July 186 - Traffic Impact Study, May 1986 , rev. July &_ _9ana 33PM 'B6 August 1986. —Proposed Site Plan dated 9/4 rev. 9/19/86 showing increased setback/buffer area, additional screening and landscaping, reduction in building square footage. The Planning Board granted extensions at the following Plainning Board meetings at the request of the applicants: June 16 , 1986; July 21 , 1986; August 18, 1986; September 81 1986 . The following members were present and voting at the September 22 , 1986 meeting when the Board rendered their decision: Erich W. Nitzsche, Chairman; Michael P. Roberts, Vi<Ce-Chairman; John L. Simons, Clerk; John J. Burke and Paul A. Hedstrom. Upon a motion made by Michael P. Roberts, seconded by John J. Burke to conditionally approve the Cabot Village Site Plan Review Special Permit subject to the 13 conditions stated in the draft approval. The board voted four (4) in favor (Erich W. Nitzsche, Michael P. Roberts, John J. Burke and Paul A. Hedstrom) , one (1) opposed (John L. Simons. ) The conditions are: 1) The Planning Board has determined that the proposed USE is permitted at the site in accordance with Section 4 . 127 - Business 4 , of the Zoning Bylaw. 2) The Planning Board has also determined that the reduced scale and size of the proposed building is in keeping with the surrounding neighborhood. 3) The 100 foot setback along Route 114 and Peters Street shall remain open green space, not paved or parked upon other than for emergency fire protection. 4) The proposed brick fire lane shall be constructed in accordance with the Highway Surveyor recommendations based on the cross section provided on the plan. 5) A 10 foot green area between the church and parking spaces shall be planted with dense evergreen foliage that visibly screens the lot from all sides of the church. 6) All exterior lighting shall be directed inward toward the property and not toward any abutting land or buildings. Cabot Village Special Permit ( !%t-�``��' Page 4b.pl4 ri n ;r Too, Ct.Frt;. N9RII; 7) The driveway entrance and a @ s8to � � � be sloped to prevent an surface runout Nom fiowin onto Y g Route 114 and abutting properties. 8) In accordance with the Fire Department' s recommendations dated 2/10/86 (Exhibit A) and Highway Surveyor's recommendations dated 2/21/86 (Exhibit B) . 9) A complete itemized detailed landscaping plan specifying species type and size and quantity shall be submitted for review and approval prior to any construction. Security shall be retained by the Town for proper planting and supervision. Set amount shall be determined by the Tree Warden and retained by the Planning Board. 10) No construction shall take place until the developer complies with all State permits, but not limited to, Mass. Environmental Protection Agency and State DPW and shall be constructed in accordance with said permits. 11) If any existing shade trees are removed or die prior to the release of bond money (security) , the developer shall, at their expense, replace the said trees of a comparable species and relatively mature size. 12) Traffic control officer shall be present during peak hours (7 - 9 a.m. and 4 - 5: 30 p.m. ) to be paid by the building owner. 13) There exists a safety hazard at the subject location due to excessive traffic. The Planning Board further finds that because of State DPW and developer improve- ments planned for the intersection as set forth on application and related plans and as detailed to the Planning Board by the State DPW, the safety concerns will be addressed adequately. Should any of the above improvements not be constructed in a timely fashion consistent with occupancy of the subject property, the Planning Board will request the Building Inspector restrain occupancy pending an evaluation of the traffic conditions at that time. In conditionally granting this Special Permit, the Planning Board finds pursuant to Section 10 . 31 CONDITIONS FOR APPROVAL OF SPECIAL PERMITS OF THE ZONING BYLAW the following: - The site, 57 Peters Street, is an appropriate location for the proposed USE; The USES an office building, will not adversely affect the neighborhood due to the reduction in building square footage and the surrounding environment. The location of this site as it relates to the surrounding environment requires this limitation to be placed on the size of operation and extent of facilities, as allowed under Section 10. 31; •Cabot Village Special Permit Page 5 RE'E .V T No - There will be no nuisance or serious vehicles vehicles or pedestrians due to the propos Q s ' �'�.gg,, 4�pff site road improvements, and SDPW roadw�ayIt�r§���M improvements. - Adequate and appropriate facilities, such as town water, sewer and adequate parking and green space, will be provided for proper operation of the proposed uses. Based on site visits, the hearing process, and reviews from outside departments and agencies, the Planning Board will permit the allowed USE with the reduction in the scale and size of, the building, to be considered harmonious with the 'general' purpose and intent of the Zoning Bylaw. Sincerely, For Ithe_ /PLANNNIINjG BOARD Erich W. Nitzsche, Chairman�e EWN:hrs Attachments A & B cc: Highway Surveyor Board of Public Works Tree Warden Conservation Commission Building Inspector Board of Health .Assessor Fire Chief Police Chief Applicant Engineer File Interested Parties Ii rrzz . a • . f MORTr{ , .- 9% NORTH ANDOVER FIRE DEPARTMENT * ,a + CENTRAL FIRE HEADQUARTERS 124 Main Street 1SsAcNusttt` North Andover, Mass. 01845 WILLIAM V. DOLAN Tel. (617) 686-3812 Chief of Depanmenl , I i FES 1 0 Ir, To: No. Andover Planning Board From: Chief Dolan PLANNING PQM...,.-. Re: Hardtcourt Village/Peters Street & Route 114 .._- Date: February 10, 1986 I have reviewed the plans on Hardtcourt Village and have the following recommendations: 1. The name "Hardtcourt Village" should not be used as it conflicts with another subdivision "Hardtcourt Estates" which is off Great Pond Road at the old Campion Hall site. r/ 2. The building must be fully sprinklered in accordance with MGL Chapter 148 Section 26G and plans for the system must be submitted to the Fire Chief for approval prior to install- ation. These plans must be from a recognized sprinkler installer. V�. A complete fire detection system must be installed by a recognized fire alarm installer; to include, but not limited to, a master control panel, annunciator panel, zone indicator, outside indicating strobe lights, a master fire alarm box, local alarm, horn-lights, heat detectors, smoke detectors, water flow switch from the sprinkler system and double action pull stations. Plans for the detection system must be submitted to the Fire Chief for approval accompanied by equipment specifications for the fire detection equipment to be used. 4 . The sprinkler system must include the Fire Department connection, in a location approved by the Fire Chief, and either a manual water motor gong or a water flow alarm bell which is connected to the battery back-up system of the fire detection system. 5.- The fire alarm contractor c will work with the . fire department regarding installation and location of the master fire alarm box and connection of the alarm system to the municipal system. "SMOKE DETECTORS SAVE LIVES" NORT" of H . ._ • A NORTH ANDOVER FIRE DEPARTMENT • ' > ,� + CENTRAL FIRE HEADQUARTERS a,,•o,•rp .. �y 124 Main Street ssE �cwu5 North Andover., Mass. 01845 WILLIAM V. DOLAN Tei. (617) 686-3812 Chief of Department 2. 6. If elevators are installed, the elevator installer shall provide the fire department with training in the elevator equipment prior to anyone taking occupancy of the building. 7. In accordance with the Fire Lane By-Law, fire lanes shall be located and marked in the following locations: 1. On the Turnpike Street side along the area between the two parking areas. 2. In the rear on the church side along the area between the two parking areas. 8. An additional fire hydrant is needed at the entrance from Peters Street and the water system should be looped from Peters Street to Route 114. 9. For reasons of public safety, temporary occupancy should not be allowed. Copies of both the Fire Lane By-Law and Fire Alarm Installation are attached. William V. Dolan, Chief "SMOKE DETECTORS SAVE LIVES" 41 OFFICE OF HIGHWAY SURVEYOR st._ • % 384 OSGOOD STREET ���'�•;:,;:% �� TOWN OF NORTH ANDOVER, MASSACHUSETTS 01845 ss�cwusEs WILLIAM A.CYR Highway Surveyor TELEPHONE 685-0950 February 21 , 1986 Planning Board Michael Roberts , Chairman 120 Main Street North Andover, Massachusetts Re: Hardcourt Dear Mike: I have reviewed plans and make the following comments . The driveway entry into Peters Street is my main concern. This is being addressed by the engineer and will be improved beyond the design presently shown on plan. All of the drainage from the site is directed into State drainage systems . I will be at your meeting Monday evening to discuss this further if you wish. Very truly yours , William. A. Cyr Highway Surveyor WAC/cc ATTEST: A Trete Copy I 440'P 441-a.:194111) - Town Clerk pL.^( u: T(,l+;p to TOWN OF NORTH ANDOVER NOFii ' :. va »ASSACHUSMS FFB 3 s PLANNING BOARD 8 Pp1 '86 APPLICATION FOR SPECIAL PERMIT NOTICE: This application must be typewritten Applicant Forbes Realty Address 401 Andover St., N. Andover MA 01845 I. Application is hereby made (a) For a Special Permit under Section 8 Paragraph 12 of the Zoning By—Law. 2- (a) Premises affected are land xand buildings__L numbered 11 Peters Street. (b) Premises affected are property with frontage on the North_ South East x West side of Peters St. S Rt.114 Street, and known as No. 77 Peters St. Street. (c) Premises affected are in Zoning District 13-4and the premises affected have an area of 124, 482 s.f. and frontage of 232.31 feet. 3. Ownership: (a) Name and address of owner (if joint ownership, give all names): Trustees of the First United Methodist Church of North Andover Date of purchase unknown previous Owner unknown (b) If applicant is not owner, check his interest in the premises: Prospective purchaser Lessee _Other (explain) 4. Size of proposed building: 100 ± front- 330 ± Height: 2 1/2 stories; 51 + feet ' feet deep . (a) Approximate date of erection Summer 1986 (b) Occupancy or use (of each floor) 0 ice, Medical center (c) Type of construction Wood S- Size of Existing Building: N/A feet front; feet deep Height: stories feet. (a) Approximate date of erection (b) Occupancy or use (of each floor) (c) Type of construction 6. Has 'there been a previous application for a Special Permit from the Planning Board on these premises? no If so, when 7. Description of purpose for which Special Permit is on sought this petition: tition: As required under Section R Rg iremen 1) of the Tnwn hv1AW-q this application is being submitted to construct a proposed office building in the Business 4 District Zone (B-4) (over) 8. Deed recorded in the Registry of Deeds in Book 11125 Page 176 or Land Court Certificate No. Book`_p age9. The principal points upon which I base my application are as follows: (must be stated in detail) To construct a proposed 50,000 s.f. business, professional, medical center, office complex etc. on 124,482 s.f. of property owned by the First United Methodist Church, in conformance to the Town of North Andover Zoning bylaws Section 8, Para. 12. I agree to pay for ad ertising in newspaper and postage fee for mailing legal notices to 11P#rties ipi'erest". Petitioner's signature) �. Phi in Every application for action by the Board shall be made on a form approved by the Board. These foss shall be furnished by the Clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to-seek relief until such time as it is made on the official application form. All information' called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties in Interest" which shall include the petitioner, abutters, owners of land directly opposite on any public or private street"-or way and abutters to the abutters within three hundred (300) feet of the property line all as they appear on the most recent applicable tax list, notwith— standing that the land of any such owner is located in another city or town, the Plan— ning Board of the town and the planning board of every abutting city or town. LIST OF PARTIES IN INTEREST NAA ADDRESS Red Squire Realty Trust 233 Needham St., Newton, MA 02164 c/o L&L N.A. Trust Richard 6 Dorothy Nolin 187 Turnpike St., N. Andover, MA 01845 Joseph 6 Eileen McManus Peters St. , N. Andover, MA 01845 Francis d Katherine Holmes 163 Turnpike St., N. Andover, Ma 01845 ✓ Lawrence Eagle Tribune 100 Turnpike St., N. Andover, MA 01845 ✓ Victor Hatem 127 Turnpike St., N*. Andover, MA 01845 Elieen P. Donovan 35 Peters St., N. Andover, MA 01845 Alfred 6 Eleanor Montgomery 102 Peters St. , N. Andover, MA ' 01845 X John 6 Annette Royal 111 Peters St., N. Andover, MA 01845 i� Ethel A. Donovan . 25 Peters St. , N. Andover, MA 01845 x Hillside Realry Trust 14 Chickpring Rd. , N. Andover, MA O1.945 Robert S Deborah Chipman 30 Brewster St., N. Andover, MA 01845 X Robert H. Marion 36 Brewster St., N. Andover, MA 01845 x Stephen P. Lannan 38 Brewster St., N. Andover, MA 01845 ADD ADDITIONAL SIMM, IF NECESSARY. DANIEIL t 0, ;G /1'{y{OWN CLERK [f FORM A r APR, , ' 1137k*W6ICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL e ,To the Planning Board of the Town' of North , Andove•ri The undersigned wishes to record the accompanying plan and requests n royal by it under the Subdivision determination by said Board that app approval Control Law is not required .` . The undersigned. believes that such is not required for the following reasons : The division of land shown on the accompanying plan is not" a sub- 1 , frontage division because every lot shown ing ' BonLaw 'andthe ismonna public way , . required b the North Andover 2onin9 or a private way , namely , ' namely, At �" being land bounded as follows : ok . .fir �-� • err! r",...., _.,,,•... '..•,. . y--__. _._,__ . . .. . :. _ T 2 ; The division' of land shown on the. accompanying p 1 an is not a srub- division for the following reasons : ` 3';-• Title . reference forth Essex Deeds , Book . _ __. page 2.7 or Registration Book ertificate 'of Title No . C page Owner ' s signature and address if not Applicant "s Si ature : the applicant : 4 Appaidant '•4 Address : , �o s r/ AA r. �NODV Chi" - Received by L, , . rk : N TOWN CLERK of action of Planning Board on, Notice to' AP LICA Tl accompanyingplan : Planning Board has determined that.;'s a'i'd pl' an e 1 . The Norte: Andover P] a n g does not require approval under the Subdivision Control Law , andthe appropriate endorsement has- been made .upon the same. 2 . The North Andover Planning Board ' hos ' determined that said plan shows a subdivision ; ,as defined by G . c. 41 , s . 81-L , and must therefore be re-submitted to it for approval under the Subdivision Control Law. � . Very truly yours , NORTH ANDOVER PLANNING BOARD By Date : Receive by Town Clerk FORM A APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL A April 15 19 ToAt-he •Pla.nn-inq Board of the Town of North Andover : The undersigned wishes to record the accompanying plan and requests a detgxmi'n•ation by said Board. that approval by it under the Subdivision � ,; • Com�trol Law is not required, The undersigned believes that such approval is ' not required for the following reasons : . The division of land shown on the accompanying plan is not a sub- division because every lot shown thereon has the amount of frontage required by the North Andover Zoning By Law and is on a public way , t: A;. namely , or a private way , namely , Bonny Lane being land bounded as follows : ,Northerly by Williamson, Easterly by Forbes Realty Trust• Southerly X Lake Cochichewick Westerly by Bonny Lane and Constan Campbell. M >}:•} ., 2 . The division of land shown on the accompanying plan is nota sub- , �' division for the following reasons : ,•�, Has required frontage & area 3. Title reference North Essex Deeds , Book _14� Page 3 _n or. Certificate of Title No . Registration Book Page Applicant ' s Signature : Owner 's signature aad address if not � the applicant : ,y Appl ant ' s Address : Eileen Donovan Forbes Realty { Bonn Lane 401 Andover Street , ;:• North Andover, MA 01845 • North Andover, MA 01845 Received by Town Clerk : M . a,,a , II-• Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan: 1 . The North Andover Planning Board has determined that said plan does not require approval under .the Subdivision Control Law , and the appropriate endorsement has been made upon the same . f, 2 . The North And r P1 nning Board s det rmined that said plan shows a s division , as define by C . L . c . 41 , s 1-L , a d must th refore be re-submi ed to it f r ap oval under he ,.<. Subdi ision Control . .:. Very truly yours , NORTH ANDOVEP PLANNING BOARD ext T` By : ga:�� V. `+ Date t T. MUM fliff TOWN OF NORTII ANDOVER MASSACHUSETTS O`�...e •.yo Any appoW W" be filed. � within (20) after the date of f ift of Notice in the Off!"of the Town NOTICE OF DECISION Date. . . Aril 27t. 1987. . . . . . Date of Hearing December. .1 ,,1986 Petition of . . . . . . . .INUFA .BEAk'>:X.TRUST . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . LPt .15 . . . . . . . . . . . . . . Referring to the above petition for a special permit from the requirements Of the . . . Xcoctb. AAdover.:Z4ning .By lax .Secti:an.2_3.0._1 . . . . . . . . . . . . . . . . . . . . so as: to permit . .construction .of.'.a .common .driwaway• . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted conditionally ' to .approve. . . . .the . . . . . . .&ReviA1 .l?ermit . . .. . . . . . . .. . . based upon the following conditions: Signed Michael .P. Robertus, , , , , . . . . . . . . . . . . . . . John L. - Simons . . . . . . . . . . . . . .. . . . . . . .. . . ... . . . . Paul A. Hedstrom . .. . . . .. . .. . . . . . . . . . . . . . . . . . .. John J. Burke .. . . . .. .lylannir� Ba:irc . . . . . 1 OFFICES OF: r>. . TOWn Of 120 Main Street APPEALS 4 North Andover, • :�. 7TOR'`l H ANDOVER BUILDING �b,..� � 7+; � • Massachusetts O1845 CONSERVATION "°`�4 k(; DIVISION OF (617)685-4775 HEALTH PLANNING PLA TfbWG j Q�UNITY DEVELOPMENT It I" KAREN H.P. NELSON, DIRECTOR AMWPddWMftd April. 27 , 1987 O v M• Wro Mr. Daniel Long CNA W ,1 C3 Town Office Building r North Andover , MA 01845 " C= Re: Lots 15 and 16 Salem Street Common Driveway Special Permit Conditional Approval Dear' Mr . Long, The North Andover Planning Board opened the public hearing upon the application of Forbes Realty Trust on Monday December 15, 1986 and continued said hearing to January 26 , 1987 in the Town Office Meeting Room. The hearing was duly advertised in the North Andover Citizen on November 20 and 27 , 1986 . The following members were present: December 15 , 1986 - Erich Nitzsche, Chairman; Mike Roberts, Vice-Chairman; John Simons, Clerk; John J. Burke and Paul Hedstrom. January 26 , 1987 - Erich Nitzsche, Chairman; Mike Roberts, Vice Chairman; John Simons, Clerk; John J. Burke and Paul Hedstrom. The petitioner seeks a Special Permit under Section 2.30.1 Driveways of the North Andover Zoning Bylaw, which requires a SpecCial Permit for a driveway servicing more than one lot. The premises are known as Lot 15 and 16 Salem Street. The lot is situated in the Residential - 2 (R-2) zoning district. Said lots contain an area of at least an acre up to three acres and a frontage of 150 feet or 50 feet (frontage exception lot) . At the hearing, Mr. Phil Christiansen, of Christiansen Engineering, spoke on behalf of the developer - mentioning that he had not been expecting to speak to the matter and did not think the developer was aware of the public hearing. Mr. Christiansen discussed the following items: Said existing shared driveway will service the two occupied houses on Lots 15 and 16 Salem Street. I - The North Andover Conservation Commission denied the applicant two separate crossings for lots 15 and 16 . They have approved a single crossing on lot 15 only. Crossings are regulated by C.131 Section 40 , The Wetlands Act, under section 10 .53 , paragraph 3 (e) which states the following "the act permits the following limited projects. . .the construction and maintenance of a new roadway or driveway of minimum legal and practical width acceptable to the Planning Board where reasonable alternative means of access to an upland area of the same owner is unavailable. Such roadway or driveway shall be constructed in a manner which does not restrict the flow of water . " In order to comply with the preceeding wetland regulation, the applicants have constructed a common driveway along the border to lot 15 , between lot 15 and lot 16 . - Since NACC had denied the applicant two crossings, the applicant proceeded with a single driveway to access both dwellings. They did not apply to the Planning Board for a common driveway permit until the driveway was constructed. The two dwellings accessed by the common driveways are occupied. Discussion followed regarding the access to lot 16 , the NACC decision and the reasons for the Building Inspector/Zoning Official granting the Occupancy Permits for the dwelling units without proper driveway access. A letter was sent to the Building Inspector , Charlie Foster, requesting an explanation. As both lot 15 and 16 on Salem Street are being accessed by the same driveway on lot 15 , it would appear it is a common driveway, under section 2.30.1 Driveway. "Each driveway shall service no more than one lot. Subject to the granting of a Special Permit from the Planning Board, a driveway may be shared by not more than three (3) lots. Every shared driveway must be regulated by a recorded maintenance agreement running in perpetuity with the land. " There was no reason given for the applicant not applying for a Special Permit for the Common Driveway prior to the driveway construction, dwelling construction and occupancy permits being granted. The definition makes it clear that it is in fact a common driveway. The applicant, by coming before the the Board for a Special Permit for a common driveway, acknowledges that it is a common driveway. The following members were present and voting at the April 27 , 1987Planning Board meeting when the Board rendered the decision: Erich Nitzsche Chairman, Mike Roberts, Vice-Chairman, John Simons, Clerk; Paul Hedstrom and John J. Burke. Upon a motion made by John Burke, seconded by Paul Hedstrom, to conditionally approve the petition for a Special Permit to allow for a common driveway for lots, 15 and 16 Salem Street, based on the following: 1. The applicant comply with the order of conditions of the NACC regarding the wetland crossings. 2. Signs will be placed at the entrance of the common driveway on Salem Street and also at the point where the driveway splits that will clearly show the street addresses and the direction of each of the homes. 3. A vehicle turnaround area will be provided at the point where the driveway splits that will allow vehicles to turn around so that they need not back out of the common driveway. 4. The intent of this approval be maintained as lessening the amount of tree cutting and the amount of wetland filling at the crossing, the latter shall be done in accordance with the NACC. 5. Applicant shall submit for approval a maintenance covenant running with the land which will be approved by the Planning Board. Based on site visits, the public hearing process, and testimony from Town Boards and departments, the proposed common driveway is in harmony with the general purpose and intent of the zoning Bylaws, specifically section 2. 30 .1, Driveway. Sincerly, PLANNING 11AA1 I1 Erich W. Nitzsche Chairman EN•TW C: Highway Surveyor Board of Public Works Tree Warden Assessor Fire Chief Applicant Police Chief Engineer NACC File Inspector of Buildings Interested Parties .- i :3 on Definitive Subdivision Plan entitled: By: dated The North Andover Planning Board has voted to APPROVE said plant 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 municipal services within said sub- division, all as provided by G.L. c. 49 S. 83.-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 Boardt 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. 4. 'Other -conditions: 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. The North Andover Planning Board has DISAPPROVED said plant for the following reasons: NORTH ANDOVER PLA)WWz HOARD Dater By: FORM C Vo 1, �1 N L ICATION FOR APPROVAL OF DEFINITIVE PLAN Cf. Ap ri1 3, , 19 86 APR 11 M N To the Planning Board of the Town of North Andover: The undersignedt being the applicant as defined under Chapter 411 Section 81-Lj for approval of a proposed subdivision shown on a plan entitled Boush Farms Christiansen Engineering, Inc dated ranch 229 19$6 by .....�� being land bounded as follows: Southerly by Gray St. , Westerly by N.A. Improvement Society &n Deiulis Bros. Const. ; Northerly by Chas. Ward Reservation Land andEasterlyby various owners hereby submitssaid' plan as a DWINITIVE plan inaccordance 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 ,rpt Page __i or Certificate of Title No. ._,, Registration Book..t page_„i or Other: Inst. #14565 Said plan has( ) has not( ) evolved from a preliminary plan submitted to the Board of 19 and approved (with modifications) ( ) disapproved { on , 19 • The undersigned hereby applies for the approval of said DEFINITIVE plan by the Boardt 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 Andovert upon approval of said DEFINITIVE plan by the Board: 1. To install utilities in accordance with the rules and regulations of the Planning Board, the Public Works Departments the Highway Surveyors the Board of Healths and all general as well as zoning bye-laws of said Towns as are applicable to the installation of utilities within the limits of ways 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 DEFINITIVE plans profiles and cross sections of the same. Said plan, profilers 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, executorss administrators, suecessorst 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. 00 Received by Town Clerks Date: Signature of A cant Time: ForbesRealty Andover St. Signature: Tom, Address Received by Town Clerk : FORMA pA;S1=.1 Sl APPLICATION FOR ENDORSEMENT OF PLAN TGA', : „ BELIEVED NOT TO REQUIRE APPROVAL KCRl'',IA 19 8 6 To the .Planning Board of the Town of North Andover : r The undersigned wishes to record the accompa-nyinq plan and requests a . determination by said Board that approval by it under the Subdivision Control Law is not required . The undersigned believes that such _ approval is ' not required for the following reasons : 1 . The division of land shown on the accompanying plan is not a sub - division because every lot shown thereon has the amount of frontage required by the -North Andover Zoning By Law and is on a public way , namely , or a private way , namely , being land bounded as follows : SOL tk,?V1jjPAS I s1L l�fe+5tod�v ��r sa/P IU TU r 14 Ailt e� J / �S�6 Jy/y tr) La l r,F /�k Q rl P i! Tf USI II / 11 /r / r l ( y� �(. 7oPIV b�4 /0 J/ Of Cnu•rfUl c / I/v5 �Wd ayi � F �4,PPPS t3awduah 2 . The division of land shown on the accompanying plan is not a sub - division . for the following. reasons : 3. Title reference North Essex Deeds Book / S- Page 176 or Certificate of Title No . , Registration Book ; P,age �a z �Ia� c � Ca��� AzIuliy 7rusfi c u-luk F{Grwaq a y, 1?f� �y Applicant ' s Signature : Owner ' s signature and address if not the applicant : . � ry Applicant s Address : I /`/ 7 Fest 6tl�fucV n A-etL � tt r �nurWil, Fri ( ham Pq A/ Tru J n /kvi'945'r' 4/41 &4uPr t aJ FrNlUor^ /v/��35!5 �c-; f 'n cw ,ctj /t r � y I FORM A tW1 '.tjATION FOR ENDORSEMENT OF PLAN jo 0 NOT TO RE tJIRE APPROVAL TH t1QWE Naa 4 9 To the Planning Board of the Town of North Andover: The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control_ Law is not required . The undersigned. believes that such approval ; is not required for the following reasons : 1 . The 'division of land shown on the accompanying Plan is not a sub division because every lot shown thereon awsand� ismonna publict of nwaye required by the North Andover Joning ' By or a or a private way , namely , , namely , r being land bounded as 1`0110 WS : 1,. $ 0 A 2 MfEUT 50 e-ilT S7 Or✓. C' -- _ p . • b land shown on the, anying plan i's not a su 2 : The di vi s i on' of haccom ' division for the following , reasons : T. or 3' Title reference North Essex Deeds , .Book ; Page _ i Certificate of Title No . Registration Book Page Owner ' s signature and address if not Applicant ',s Signature the applicant : AppIicant ''s Address : /J �T y�l �ti�o uf-•� • Received by Town Clerks `•a Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying. plan: The North Andover Planning Board has determined that said plan Te 1. does not require approval under the Subdivision Control Law , andtheappropriate endorsement has- been made .upon the same . , ' ` sai'd , plan an 2 . . The North .Ando Andover Planning Boardhasdete mined that shows a subdivision , jas defined by G. L . c. 411 s . 81-L , and ., must therefore be re-submitted, to it for approval under the Subdivision Control Law. VY YY Very truly yours , + ' NORTH ANDOVER PLANNING BOARD By :- Date y •Date • _ Received by Town Clerk : RT C7IVEEl FORM 'A DAP€ ► t ^`s^ APPLICATION FOR ENDORSEMENT OF PLOAN '.l7 ' SR BELIEVED NOT TO REQUIRE APPRO[(C1 lW PY '81 April 21 , 1987 To the Planning Board of the Town of North Andover: The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required . The undersigned believes that such approval is not required for the following reasons : 1. The division of land shown on the accompanying plan is not a sub- division because every lot shown thereon has the amount of frontage required by the North Andover Zoning By Law and is on a public way , namely , Great Pond Road or a private way , namely , Campion Road being land bounded as follows : Easterly by 'Great Pond Road; Northerly by Campion Road; Easterly by Lot 2; Southerly by Five Star Realty and Phillip Sullivan 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : 3 . Title reference North Essex Deeds , Book 1985 ; Page 266 __ , or Certificate of Title No . , Registration Book i Page Appl ' ant ' s Signature : Owner 's signature and address if not a the applicant : Applicant ' s Address : Forbe Realty Trust 401 Andover St. , N. Andover , MA Received by Town Clerk : Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : 1. The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law , and the appropriate endorsement has been made upon the same . 2. The Mort And ver Planning Board has termined that said plan shows subdiv sion , as defined b G . L . c . 41 , s . 81-L and mals therefore be re-submitted o it for approval un the Su division Co trol Law . Very truly yours , NORTH ANDOVER PLANNING BOA` V By : Date : G'Z l Received by Town Clerk : rr << DANIEL FORM A TOt?tt tK APPLICATION FOR ENDORSEMENT OF PVA 21 14 BELIEVED NOT TO REQUIRE APPROVALi1 April 21 , 1987 To the Planning Board of the Town of North Andover: The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required . The undersigned believes that such approva' is not required for the following reasons : 1. The division of land shown on the accompanying plan is not a sub- division because every lot shown thereon has the amount of frontage required by the North Andover Zoning By Law and is on a public way , namely , Great Pond Road or a private way , namely , Campion Road , being land bounded as follows : Easterly by Great Pond Road; Northerly by Campion Road; Easterly by Lot .2 ; Southerly by Five Star Realty and Phillip Sullivan 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : 3. Title reference North Essex Deeds , Book 1985 Page 266_ s or Certificate of Title No . Registration Book _ Page Appl - ant ' s Signature : Owner ' s signature and address if not the applicant : Applicant ' s Address : Forbe Realty Trust 401 Andover St. , N . Andover , MA Received by Town Clerk : Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan: 1 . The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law , and the appropriate endorsement has been made upon the same . 2 . The North Andover Planning Board has determined that said plan shows a subdivision , as defined by G. L. c . 41 , s . 81-L , and must therefore be re-submitted to it for approval under the Subdivision Control Law . Very truly yours , NORTH ANDOVER PLANNING BOAT Y By . Date : Received by Town Clerk : Rt ^rigr, FORM A r1 K NQR " SFR APPLICATION FOR ENDORSEMENT OF PLAN MAY q 2 17 �B� BELIEVED NOT TO REQUIRE APPROVAL . May 4 , 19 87 To the Planning Board of the Town of North Andover: The undersigned wishes to record the accompanying plan and requests a determination by said ,Board that approval by it under the Subdivision Control Law is not required . The undersigned believes that such approval is not required for the following reason's : 1. The division of land shown on the accompanying plan is not a sub- division because every lot shown thereon hasthe amount of frontage required by the, North Andover Zoning By law and is on a public way , namely ,Stiles' St & New Boston Road or a private way , namely , being land bounded as follows : k/Petarl y bg MnAUA04rar IffivrAvement Cor; atg naT is ' R ne ( onrarr Chas. Ward Res. Cons. Land; Northerly by Christine Stewart ; Easterly by various abutters. 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : Has required Frontage & area 3. Title reference North Essex. Deeds , Book lu-Aa Page l$G or Certificate of Title No . Registration Book ; Page Applicant ' s Signature: Owner ' s signature and address if not the applicant : Applicant ' s Address: Forbes Realty Trust 401 Andover St, No. Andover, MA 01845 Received by Town Clerk : Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan 1. The North Andover Planning ,Board has determined that said plan does not require approval under the Subdivision Control Law , I and the appropriate endorsement has been made upon the same. 2 . The North Andover Planning Board has determinedthatsaid plan shows a subdivision , as ,defined by G. L . c. 41 , s . 61-L , and must therefore be re-submitted to it for approval under the Subdivision Control Law. Very truly yours , NORTH ANDOVER PLANNING BOAR By : Date : z RECEIVED DANIEL LONG TOWN CLERK TOWN OF NORTH ANDOVER NORTH ANDOVER MASSACHUSETTS acr13 Tis AN '86 PLANNING BOARD APPLICATION POR SPECIAI .PERMIT NOTICE: . This application must be• typewritten Applicant 'A,rbes Realty Trust Address 401 Andover Ste , North.Andover, MA 1. Application is hereby made (a) For a Special 'Permit'under Section' , Paragraph of the Zoning By—Law. 2. (a) Premises affected are land X and buildings : , numbered lot I* SAteftreet. . 0" lb Salem Street (b) Premises affected are property with frontage on the North South X East West side of Salem Street, and known as ._._ Not-15-and 1kSalem Street, Fo) Premises affected are in Zoning Distriot R2 - , and the premises affected have an area ofgq.01+ Acres and frontage of 50•42'feet. 3. Ownership: (a) Name and address of owner (if• joint owaership, •give all names): Lol 15 Charles Snell 1216 Salem St. , North• Andover, MA Lot 16 Forbes Realty 'Trust 40.1 Aridover 6t. , North Anctovgll. MR Date of purchase 9/11/86 PreviousOwner Forbes Realty Trust (b) If,applicant is not owner, check his interest in the premises: Prospective purchaser Lessee Other (explain) 4. Size of proposed building: NA front; feet deep Height! stories; feet. (a) Approximate date of erection NA (b) O dupancy or.use (of each floor) N (c) Type of construction NA 5. Size of Existing Building: NA feet front; feet deep Height; stories feet. (a) Approximate date of erection (b) Occupancy or use (of each floor) (c) Type of construction NA 6. Has there been a previous application fora Special Permit from the Planning Board on these premises? No If so, when 7. Description of purpose -for which Special Permit is sought on this petition: The purpose for whi6h the' Special Permit is sought is to allow a common driveway to access two single family house lots ; Numbrrs15 & 16 Salem Street, North Andover, Mass. The length -of the common drive , will be 4.50 ft. (over) 8. Deed recorded in the Registry of Deeds in Book Page or Land Court Certificate Now Book Page, g. The principal points upon which I base my application are as follows: (must be stated in detail) The common drive is proposed as the result of' the reauest by the North Andover Conservation Comm. , that a single -crossing over a small stream -be built to access the two lots. The purpose of the single crossing is to minimize the amount of 'wetlands' that would be displaced., 'The common drive will provide safe -access to the two homes and 'will lessen the impact on the surrounding environment by minimizinj the amount of the wetlands that are :.:disturb.ed and..the • I agree to pays for adve icing in ne spaper and postage fee for mailing legal notices: to "Parties vanterestilo - Petitioner's si ature Every applioat'ion for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Clerk upon request. Any communication purporting to be 'ah application •shall be treated as more notice of .intention to:_seek relief until :suoh ,time as it is mado�,on the. official 'application form. . All information called for by'the fofim shall be furniohed'by the applioent in the manner therein prescribed. Every application shall be submitted with a list of "Parties in Interest" which shall include the petitioner, abutters,' owners of land directly opposite on any public ox private street or way and abutters to the abutters within three hundred (300) feet of the property line all as they appear on the most reoen 'applioable tax list, notwith- standing that the land of any such owner is located in another city or town, the, Plan- ning Board of the town and the planning board of evory_abutting city or town. LIST OF PARTIES IN INTEREST NAME ADDRESS ADD ADDITIONAL SHMS, Irl NECESSARY. PE EIVF TOWN SAN�E� � �•.,� NOR(N A°a'POVER Auc 19 9 26 As i . ff L b t t c Received by Town Clerk : -=rte F 7 r rt e FORMA "`• . p - ; ;, APPLICATION FOR ENDORSEMENT OF PLAN a a3l�� Pt� �86 BELIEVED NOT TO REQUIRE APPROVAL November 13, , 19 86 . To the Tlanni.ng Board of the Town of North Andover : The undersigned wishes to record the accompanying plan and requests . a determination by said Board that approval by it under the Subdivision Control Law is not required. The undersigned believes that such approva is not required for the following reasons : 1 . The division of land showrr on the accompanying plan is not a sub- division because every lot shown thereon has the amount of frontage required by the North Andover Zoning By Law and is on a public way , namely , or* a private way, namely , Campion Road being lana bounded as follows : North Forbes Realty Trust and Sullivan, East Brooks School, South, Piacentini , West by Campion Road 2 . The division of land shown on the accompanying plan is not a sub- :division for the following reason•s :- Required area and frontage 3.. Title reference North Essex Deeds , Book 1974 Page 150 or Certificate of Title No . Registration .Book Pace , Applicant ' s Signature : owner ' s signature and address if` not ww:---ar�--- the applicant Appli a t s Address : 401 Andover Street Nnrth Andnirpr,_ MA M R4r, Re A by. Town Clerk : WARM A USE Ell '.srty APPLICX*jTd`ff� R NDORSEMENT OF PLAN BELIEV aQUIRE APPROVAL November 73 19$s _. To the planning Board of the Town of North .Andover : The undersigned wishes to record the accompanying plan and requests a. determination by said Board that approval by it under the Subdivision Control Law is not required. The undersigned believes that such approva is not required for• the following reasons ; 1 . The division of land shown' on the accompanying plan is not a sub- division because every lot shown' thereon has the amount of frontage required by the North Andover Zonth B namely , g Y Law and is on a public way , or a private way , namely, C_ ampion Road- North being land bounded as follows : b Hefni L@ fre - . a b m o a Brooks School • South b Brook S hoo by E-Z Street Construction, William Wilt ; mGnn T i, Sullivan 2 . The division of land shown on the accompanying plan is not a sub divislion for the following reasons : Required area and frontage 3:. Title reference North Essex Deeds , Book 1974 Page __Lao ; or Certificate of Title No . J Registration Book Pane a Applicant 's Signature : t_____>> Owner' s signature and address i f. not --- the applicant : 57 Applicant 's Address ; 401 Andover Street I �1 North Andover, MA 01845 c0� 0 �s y _ -- R FOC DANIELL LONG F t�T° CtFRK ' APPLICATION FOR ENDORSEMENT O 'ANDOVER BELIEVED NOT TO REQUIRE APP OVg A� Ta y t� 37 AN 106 L To the Planning Board of the Town of North Andover : The undersigned wishes to record the accompanying plan and requests a determination by said Board that ' approval by it under the Subdivision Control Law is not required . . The undrsined. believes that such approval is not required for the following reasons : The division of land shown on the accompanying plan is not `a sub- 1 , frontage diviSion because every lot shown thergonlaws.andeismonna public ' way , . required b the North Andover Zoning ' By a private way , namely , namely , 4��^ `r, wjx being lan-d bounded as follows : OJ/•�rd KJ . JGf/L I m1rr, r . ,,..:. ................. K etr a .„ ....- -- 2 : The division of land shown on the accompanying plan i•s not a snub. division for the following reasons : , •m5r . Book . . P age 2_,..7 -1 or 3, ' +t'fe . re ' rence North Essex Deeds , ` Registration . Book Certificate of Title No . Page Owner 's signature and .address if not Applicant 's S1 ature : the applicant : tAddress : gpp.lic'an ' , r©m 01 rr Recelved by k ; , n Notice to ApPLICANTlTOWN CLERK .of action on of Planning g 8o and on . i ' accompanying. plan 1 . The North Andover Planning Board has determined that,;'said plan does not require approval under the Subdivision Control Law , and� the ;appropriate endorsement has- been made ;upon the same. 2 . The North Andover Planning Board ' has ' determined that said plan shows a subdivision , A.s defined by G. L . c . 41 , s . 81-L , and must therefore be re-submitted to it for approval under the Subdivision Control Law. - Very truly yours , NORTW ANDOVER PLANNING BOARD By Date //so Ane F , Ved Dy iur,ir . Dp11(3MI1EL l U?JG FO_ A TPd CGc`�K ; WORTH ArWOVER PPLICATION FOR ENDORSEMENT OF PLANJAN y 64) W BELIEVED NDT TO RE DIRE APPROVAL 19 To the Planning Board of the Town of North Andover ; The undersigned wishes to record the accompanying plan and requests a said Board that approval by it under the Subdivision determination by approval , Control ' Law is not required . . The un dersigned. believes that such is not required for the following reasons : 1 . The division of land shown on the accompanying plan is not a sub division because every lot shown thereon has the amount of ..frontage 'Zoning By Law and is on anamelyC namely , way , required by the North Andover , or a private ways C,n f being land bounded as follows : f . IUt704EkL GAUD bF �A�Ac✓E1.L �C�V�Niels � P_N uM A4AJA114 AJ, S0U71 b eL ,6 [.AA1D Of j J6CoCllcl� �w� ..a-o rJ�ti1 df .cJG in plan is not a sub- 2 . The division of land shown on the accompan y 9 division for the following reasons: Pa 3 , Title reference North Essex Deeds , i Registration Book Certificate of Title No . Page owner ' s Applicant ' s Signature : signature and address if. not the apPIicant : Applicant ' s Address : �fCJ/ ,4Noov`2 ST ' /I/v.Pe7H 14Aj uF_,E ,tea Q/1�Si 5 Received by Town Clerk ; r Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : 1 . The North� Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law , and the appropriate endorsement has been made upon the same . 2 . The NorthAndover Planning Board has determined that said plan , shows a subdivision , as defined by G . L . c . 419 s . 81-L , and 4 must therefore be re -submitted to it for approval under the Subdivision Control Law . Very truly yours , I' -NORTH ANDOVER PLANNING, BOARD By : I Date Received by Towu � cr,, : RECF► D RECrIVED DANIEL. F '''No DANIEL LONG TOWN ^r . K TOWN Ct 7RK FORM A NORTH A,rjD'�ER NORTH AkDOVER 2, 10 16 AN #86 p Pt, CAT j��FOR ENDORSEMENT OF PLAN FEBL�Pjal T TO REQUIRE APPROVAL i I`EBURk y /9 19 8 To the Planning Board of the Town of North Andover ; The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required . The undersigned. believes that such approval is not required for the following reasons : 1 . The division of land shown on the accompanying plan is not a sub- division because every lot shown thereon has the amount of .frontage required by the North Andover Zoning By Law and is on a public way , _ or a private way , namely , namely , 6AmpioA" AorgD being land bounded as follows : giva aF L`O�t1572uc71QAJ / LOT E�sTE�� ,By CAM#0j0Aj 11COAD 1-AVoT Sc.;�oo� ar►d wEs�E,e�. 2 . The division of land shown en the accompanying plan i-s not a s'�ub- division for the following reasons : 1445 1NE' A04 vrREQ f&dAJ7495E f RreEA 3 . Title reference North Essex Deeds , Book _ 4 Page (s(� or' Certificate of Title No . Registration Book Page i Applicant ' s Sign tures Owner ' s signature and address i# not the applicant : Applicant ' s Address : �D l �rvDO✓E/t-- 5 Received by Town Clerk : Notice to APPLICANT/TOWN CLERK of action of Planning Board ofn , accompanying plan : 1 . The ` Nor Andover Planning Board has determined that said plan does no: require approval under the Subdivision Control Law , and the 'appropriate endorsement has been made upon the same. I 2 . The North Andover Planning Board has determined that said plan shows a subdivision , as defined by G.L . c. 41 , s . 81-L , and must therefore be re-submitted to it for approval under the Subdivision Control Law. Very truly yours , - NORTH ANDOVER PLANNING BOARD By Date : REMYED ei ved by Towti 4 �; : DANCE! LONG • JDWH U F RK NORTH ANDOVER FORM A APPLICATION FOR ENDORSEMENT OF PLAN Fee 11 10 27 AN 'M BELIEVED NOT TO REQUIRE APPROVAL Z o fir, 19 _ To - the Planning Board of the Town of North Andova'ri " The undersigned wishes to record the accompanying plan and requests determination by said Board that approval by it under the Subdivision Control- Law is not required . • The un is that such approval is not required for' the' following reasons :. 1 . The division of land shown on the accompanying plan is nota sub divisi'an because every lot shown therBonLaws-andeismonnfrontage a public ' way , required by the North Andover Zoning or a private ways namelyl namely , rnsi S��EEi being land bounded as follows : CHAPp�clU . WESTI �L Men171�k4 FORB S © 1HER /�c'Az7' T2rJST /(,/027H RNDOv� 'rRus EAST 1 S X665 2 : The division, of land shown on the accompanying plan is nota sub- division for the following reasons : I FRO tiTA Da A Book .—Z265"0 o k 8 8 Page o r e d s -- l 3, Title •_ reference North Essex Be Ce rti fi c'ate tration Book of Title No . Regis page Owner ' s signature and address if not Applic t 's. Signature the applicant : APP.licant ''s Address Ir r2 ' Nc�OY E? 57" Received by Town. Glark : , • n Notice to APPLICANT/TOWN „CLERK .of action of Planning Board 0 accompanyi0q. play: 1. The North Andover Planning Board has determined that said plan does notapproval under the Subdivision Control. Law , and the appropriate endorsement his. been made upon the , same 2 . The North Andover Planning Board ' has ' determined that said plan shows a subdivision , .As . def ined . by G.L .' c. 41 S . 81-L , and must therefore be re-submitted, to it for approval under the , 5ubdivisi'On Control Law . - - _._• - _ Very truly yours , r NORTH ANDOVER PLANNING BOARD By : Date : RECEIYE6 : , FORM A ISON}EtLDNG C, . `.. APPLICATIQN FOR ENDORSEMENT OF PLAN' '' WrN; f•K' NORTI4—,24ER BELIEVED NOT TO REQUIRE APPROVAL • Fie; 7 14 •a� A�! `86 , . �-' � •• , . To the Pi arming Board of the ..Town* of. North Andover's t;• The undersigned wishes-'-to ' recor.d .the accompanying 1plan and requests • a determination by said Board that' approval by it under the'.. Subdivis'ion Control•' Law is not required :• ?.'.The ,undersigned. believes that such appro.va is. not . required for the following reasons : 1 . The division of land shown on the accompanying plan is nota sub division• because every lot shown thereon has the *amount of =frontage required ' , the North Andover Zoning By,, Law. and - is on. a public ,.way , ' name ly - ora ,pHvate .way , namely me y` :: ,s r s n ;:• being land bounded as follows.: � -`� � �e�•� �•;acs f� i r� f�-- -�`�;�T� ,-4 n.P Q t ...- 1 s� E( l� L-^I •• �f �_ Vs ft. a r r"�.r I� T�, �t�•rr4 i.�l�z„{+_� .�T t. v fit' 01. , ... '^ ' _.ice_-.:(. ...• .. 2 : ` The' division 'of land shown " on .the ,accompanying ,plan is not a sub division for the ,fo.11owing .:reasons ' Book 1'9t� ; ..Page . ar 3 . '•.•Tial e : reference North: Essex .Deeds , _. � Certificate of Title No . , 'Regi stratlan .Book ' • •page. f ' • ' • Applic is Si gnat a Owner ' s signature and •address if not the. a P p 1 i c a n t . . ' •• 1 Applic nt ' s . Address : • ..J ° .. ntfuc1Yt: u uy 1uwn l, lerK , 1 1• i 1 l Notice to APPLICANT/TOWN CLERK of. action of Planning Board on . accompanying plan : 1 . The North` Andover Planning' Board has `determined that said p14 . � does :not require approval .under the'-'Subdivis . Dn Control Law , and ;the ,appropriate endorsement has been .made upon the same . 2 . The 'North Andover- Planning Board has_ determined :that said pl. shows ` a'`subdivision , -as:..•defined .by. G . L . c . 41 , s . 81- L , arld -: must -therefore'.. be --re,-submitted,.to ':i.t for approval' under the Subdiv! sion -Control ...... 1 el Very 'truly yours 1 r; ,. " NORTH . ANDOVER PLANNING By. S Date ! KP - Recei y T �� � � CA RECEIVED DANIEL LONG FORM A TOWN r:rRK NORTH A.gDOVER A PLICATION FOR ENDORSEMENT OF PLAN FEB ZAN C16 NOT TO REQUIRE APPROVAL TBU�1�cr l9 29 To the Planning Board of the Town' of North Andover: The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it .under the Subdivision Control Law is not required . . The undersigned. believes that such approval is not required for the following reasons : 1 . The division of land shown on the thereonahasntheplan is not ..frontage sub- division because every lot shown required by the North Andover Zoning By Law and is on a public ' waY , or a private way , namely , namely , �Ampio�I �a�D being land bounded as follows : NOR71a�2LY $�/ 44'vdD of Z S?,eE$T aLlA)6Zeuc?ioN } G.0T FAs;E,e� a6Y 0A17,010nJ Rl� -"27o� aT 7 SauTFiE�('_c GNoot_ erond G, Bim- E. K� G'OCNrG�w��K 2 . The division of land shown on the accompanying Plan JS nota ub- diviston for the following reasons : / X45 NE A04OU00D Age174 E AREA 3. Title reference North Essex Deeds , Book _ q74 page or Certificate of Title No . Registration Book Page owner ' s signature and address s s i-# not , � wner 9 Applicant ' s sign ture . the applicant : Applicant ' s Address : It/O�L7N / eivJov4ex— lYld— oleg5- Received by Town Clerk : . ;r Notice to APPLICANT/TOWN CLERK .of action of Planning Board on accompanying plan : ; 1. The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law, and' the appropriate endorsement has been made upon the same . 2. he North Andov r Plann ng Boa,Ird has d er ined that id plan hows a $ubdi ision , as efined by L . c . 1 , S . -L and ust theref re be re-subm tted to it for ap rova unde the S divisi n Control Law . Very truly yours , NORTH ANDOVER PLANNING B ARD �' Date : ' RECEIVED -Pei ved by TOW", �.�•�, . DANIEL I-ONG TOWN CU RK is NORTH ANDOVER FORM A FEB 2 27 AN '06. APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL z/Zpw� 19 To the Planning Board of the Town of North Andove•rs The undersigned wishes to record the accompanying plan and requests _a determination by said' Board that approval by it under the Subdivision Control- Law is not required . . The undernsgned. believes that such approval ! is not required for the' following reaso . 1 . The division of land shown on the accompanying plan is not a sub- frontage division because every lot shownntnereBanLaw andeismonna public ' waY % required by the North Andover Zo 9 or a private way , namelY� namely , being l,an-d bounded as follows : 'tIoQ�HEeL' G'f/QRP�Y [ . W ;ST�R[. ,$ ; ,$ Mdn17i6�eD SDS r /QNLIDUtr. ?i('U5 Sl7U hl�J2L- ji�L�- TQc1S7` �t/ORiH -• i 2 : The division of land shown on the. accompanying plan i'snot a sub- division for the following reasons : AS F o N'tA�E. • �.E.a 3. Ti ti e:. rei'erence tJorth Essex Deeds , Book , 88 _ P a g e °�" Registration Book --' Certificate of Title No . t Page' ____ 1 � c is Signature Owner ' s signature and address if not A pp , the applicant : p licant ' s Address : . sIwActY ra., - s pp 1 Received by Town . Clerk : , Notice to APPLICANUTOWN CLERK -of action of Planning Board on n accom ai y . ng. P la!! ,: : . . . � .. The North Andover Planning Board has determined that said plan doe5,. nat require approval under the Subdivision Control Law , and the appropriate endorsement . has• been made upon the same . 2 . The ' M th Andover Plann� oar' has ' deter that Ian s ws a subdiv lion's, ps defi y L . and roval under the 'must I be re- matted to aPP . Subdi .6n Control Law. -- — _ _ Very truly yours , NQRTN ANDOVER PLANNING BOARD : 4 Date : - ?—fBy - Ile6 MUM HIH 0��11CJVr�, TOWN OF NORTH ANDOVj WBS RK TH :a�UOYER 120 Main Street North Andover, MA. ONO O 1 L IS N '86 685-4775 NOR71y �,iaae y�4o M lea I CH February 11 , 1986 Mr. Daniiel Long, Town Clerk Town Hall 120 Main St. North Andover, MA 01845 RE: Farm A Plan for Forbes Realty Dear Mr. Long: Please be informed that the applicant, Thomas Laudani, of Forbes Realty withdrew his Form A Plan on Forest Street without prejudice at the Planning Board' s meeting of February 10, 1986 . The Planning Board accepted the request to withdraw without prejudice. Sincerely, FOR THE PLANNING BO RD Michael P. Roberts , Chairman MPR/kn RE�EiVEO FORMA NOR i rl �TRCATION' FOR ENDORSEMENT OF PLAN ELIEVED NOT TO REQUIRE APPROVAL •.• ;`. DEQ` 7 �,� �a � . . .z•�� , �9 To. the PIanninq Board of . the ..Town of. North Andover ; The undersigned wishes -to record .the ' accompanying plan and requests . a determination by said Board that approval by it under the - Subdivision Control: Law i s not requi red :, :.:The , undersigned: bel,i eves that, s uch approva F; is not required for the following reasons : 1 . The division of land shown . on the accompanying p Ian is not a sub - division because every lot shown thereon has the amount of ,frontage required : the North Udover . Zoning By: Law.-and - is on a publ1c '•rray , namely , r. or.aa Private way , _namely , being land bounded 'as follows ' ' ' �.�-�-T h »�l,�i $5/ ' l.?�•+.o.O D� L_i► �..�'e t 1 'B 4 f L a,�s T i �.Y�o t"Tj' �cl Tv 1 its I ►y rt r�+ �4 s D eta ¢ l"QuS? -7 le eA accompanying„ plan ys not.' a sub Ix 2 : '' The ' division:':of land s.hown ' on .the , $; division for the following reasons `CSA 1V 4-_AA o 9 - yC�cs cr A (54, ok _, Page or 3 . �• Title reference North :' Essex .Deeds Bo , � �Registration '�=�--- Certifi Cate of Title No .' .Book `__ ” . is Applic is Signa,t a owner ' s ' signa'ture , and ,address if not the applticant . APPIic nt ' s Address r'x RECE!�CG , OANIE'L L014G , TOWN OF NORTH ANDOM TOWN ';'. NASSACHUSETTS NORT°I bJ-14JUVER . PLANNING BOARD FE0 3 APPLICATION FOR SPECIAL PERMIT s NOVICE: This application must be typewritten j Applicant Forbes Realty Address 401 Andover St., N. Andover, MA 01845 : 1. Application is hereby made (' (a) For a Special Permit under Section 8 , Paragraph 12 of the Zoning By—Law. • ii i 2. (a) Premises affected are land x and buildings. x rraatbered 57 Peters Street. p . (b) Premises affected are property with frontage on the North x South,• ' East x West side of Peters St. & Rt.114 Street, and known as No. _757 Peters.St. Street. n (c) Premises affected are in Zoning District 13-4 and the premises affected have an area of 124, 482 s.£. and frontage of 232.31 feet. (; 3. Ownership: (a) Name and address of owner (if joint ownership, give all names): Trustees of the First United Methodist Church of North Andover Date of purchase unknown Previous Owner unknown t ! L4 (b) If applicant is not owner, check his interest in the premises: Prospective purchasers x Lessee f Other (explain) 4. Size of proposed building: 100 ± front; 330 ± feet deep Height: 2 1I2' stories; 51 feet. : I ; i (a) Approximate date of erection Summer 1986 Office Medical center (b) Occupancy or use (of each floor) ' • } (c) Type of construction Wood 5. Size of Existing Building: N/A' feet front; feet deep i Heights stories feet. (a) Approximate date of erection (b) Occupancy or use (of each floor) • i r (c) Type of construction } t , Has "there been a previous application for a Special Permit from the Planning Board on these premises? no _ If so, when 7. Description of purpose for.which Special Permit is sought on this petition: As required under Section 8 Renuirement 12 of rho Town bgl_w„g� this application is being submitted to construct a proposed office building in the Business 4 District Zone (B-4) i i 1 (over-). ��J. 8. Deed recorded in the Registry of Deeds in Book 1125 Page 176 or Land Court Certificate No. Book Page 4 9. The principal points upon which I base my application are as follows: (must be stated 3n detail-) To construct a proposed 50,000 s.f. business, professional, medical Center, office complex etc. on 124,482 s.f. of property owned by the First United Methodist Church, in. conformance to the Town of North Andover Zoning bylaws !' Section 8, Para. 12. s f I agree to pay for ad rti in newspaper and postage fee for mailing legal notices to "P fes rest". j' Petitioners signature) . Phil in Every ap cation for action by the Board shall be made on a form approved by the Board. These foams shall be furnished by the Clerk upon request. Any communication purporting to be as application shall be treated as mere notice of intention to.oeek relief until such time as it is made on the official application form. All information' called for by the form shall be furnished by the applicant in the manner therein { prescribed. Every application shall be submitted with a list of "Parties in. Interest" which shall include the petitioner, abutters, owners of land directly opposite on any public or. private street'6-or way and abutters to the abutters within three hundred (300) feet of the property line all as they appear on the most recent applicable tax list, notwith— standing that the land of any such owner is located in another city or town, the Plan— ning Board of the town and the planning board of every abutting city or town. LIST OF PARTIES IN INTEREST i' NAME ADDRESS Red Squire Realty Trust 233 Needham St. , Newton, MA 02164 c/o L&L N.A. Trust Richard & Dorothy Nolin 187 Turnpike St. , N. Andover, MA 01845 Joseph &Eileen McManus Peters St. , N. Andover, MA 01845 Francis & Katherine Holmes 163 Turnpike St. , N. Andover, Ma 01845 i Lawrence Eagle Tribune 100 Turnpike St. , N. Andover, MA 01845 Victor Hatem 127 Turnpike St. , N. Andover, MA 01845 Elieen P. Donovan 35 Peters St. , N. Andover, MA, 01845 Alfred & Eleanor Montgomery 102 Peters St. , N. Andover, MA ' 01845 John & Annette Royal 111 Peters St. , N. Andover, MA 01845, Ethel A. Donovan 25 Peters St. , N. Andover., MA 01845 Hillside Realty Trust 14 Chickering Rd. , N. Andover, MA 01845 Robert & Deborah Chipman 30 Brewster St. , N. Andover, MA 01845 j Robert H. Marion 36 Brewster St. , N. Andover, MA 01845 Stephen P. Lannan 38 Brewster St. , N. Andover, MA 01845 ADD ADDITICUL SREETS, IF NECESSARY. y 4ECrtt+"*0 41111H BHUI DANK' I.,040 TOWN OF NORTH ANDOVER T0�4' ' rIK NOR + 'i , ti�q`OYER MASSACHUSETTS JAN 29 � �r� � '�� NOR 71' O?a�•. ..s p� F p � 4 xi x s ro _'f7 x ACHUS 4� January 29, 1986 Town Clerk, Daniel Long 120 Main Street N�rth Andover, MA 01845 Re: Approval Not Required Plan, Forbes Realty Trust, Dated January 15, 1986 (Lot 19C and 19D - Cochichewick Dr. ) Dear Mr. Long: The attached ' approval not required plan' was not endorsed by the Planning Board at their January 27, 1986 regular meeting of the Board for the following reasons: 1 . Said lots were endorsed as one individual lot (no. 19) on the Definitive Plan entitled CAMPION HALL, dated November 16, 1984 and not as two (2) separate buildable lots. 2 . A modification of the subdivision under MGL Chapter 41 , Section 81-U is required in order to determine the feasibility of dividing lot 19 into lots 19C and 19D. 3 . Lots 19C and 19D do not meet the requirements of the Zoning Bylaw, Section 7, paragraph 4. 1, LOT WIDTH. 4 . Said lots are not on a public way. Therefore the Planning Board recommends that the applicant file these changes under MGL Chapter 41, Section 81-U for review and consideration of the division of land. Sincerely, Michael P. Roberts, Chairman MPR/kn cc: Mr. Thomas Laudani 401 Andover Street North Andover, MA 01845 (.el ved by down RECEI,`0 DANIEL LONG r TOWN (:! FRIZ FORMA NORTH A�i�OVEii PPLICATION FOR ENDORSEMENT OF PLAN JAN I� 2 O0P "BELIEVED NOT TO REQUIRE APPROVAL 19 To the Planninq Board of the Town of North Andover : The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision red . The undersigned. believes that such approval Control Law isnot requi is not required for the following reasons : , 1 . The division of land shown on the accompanying plan is not a sub- t division because every lot shown thereon has the amount of .frontage required by the North Andover Zoning or aaprivatend sway ,on anamelyC way , f namely , ' being land bounded as follows : �t7k'.TN62L � L.�IAJD C11� �gLD6J�LL . �DVF�tiJI�Q- f�P_MU/✓I SAV �a�� Wr67-A# B /AA/ L7N�Jjnl, SCJUT,y�P� S Z AAID or= ; 13VC+oCr�lc ! �wlc �ivi� To o,tir of B i561AJIASG i The division of land shown on the accompanying plan i•s not a 2 . T y division for the following reasons : 3 . Title reference forth Essex Deeds , Book Page �� or Registration Bookt isr Certifidate of Title No . Reg ; Pace App1icant ' s Signature Owner 's signature and address if not the applicant : Q r Applicant ' s nt s Address : s . qo/ X/t/DOVL2 ST jlkjdO v,6A- / a• d/�4�5 Received by Town Clerk : Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan 1 . The North Andover an Ing Board has dete ine that said plan doe not require an under the Su division Control Law , and he appro iate endors ment has een made u on the sa 2 , The North Andover Planning Board has determined that said plan shows a subdivision , as defined by G . L . c . 41 , s . 81-L , and must therefore be re-submitted to it for approval ' under the i' Subdivision Control . Law . . ---'--- Very truly yours, I, NORTH ANDOVER PLANNING BOARD i By Date : ;I MUNHUI RECE0 TOWN OF NORTH ANDOVE�AB(r(f1 t": �:13-r-RG OY� K 120 Main Street NORTH AN00YER North Andover, MA. 01845 685-4775 IQ 9 !6 N % pOwTM o w � � a i r •COs a.:t,..,•� aa�c� March 10, 1986 Daniel Long, Town Clerk Town Office Building 120 Main Street North Andover, MA 01845 Re: Approval Not Required Form for Forbes Realty Trust - Peters Street - Lot A Dear Mr. Long;: The purpose of this letter is to formally notify you that on March 3 , 1586, the Planning Board unanimously voted Not to Endorse the Approval Not Required Form for Forbes Realty Trust, dated February 24, 1986 for land off Salem Turnpike and Peters Street for the following reasons: 1 . The applicant was not present to provide the Board with the necessary information to endorse the plan. 2 . The plan does not show the subdivision of Lot A. 3. The Board questions the necessity of giving a leased parcel approval. Sincerely, PLANNING BOARD Michael P. Roberts, Chairman MPR:nrs cc: Forbes Realty (return receipt) First United Methodist Church (return receipt) - RE CE IV ? APPLICATIM FOR ENDORSEMU OF PLAN D A N I E I,'L J f!G BELI21ED NOT TO REQUIRE APPROVAL TOW4 uL .,K NORTH ANOOVER February 24, 86 FEB Z4 �� 22 Q9 '86 19 To the planning Board of the Town of North Andover: The undersigned wishes to record the acommrPling plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required. The undersigned believes that such approval is not required for the following reasons: 1. The division of land shown on the acaarpanying plan is not a subdivision because every lot shown thereon has the amount of frontage required by the North Andover Zoning By-Law and is on a public way, namely, Salem urnpike & Peters St&eet , or a private way.. namely, being land bounded as follows: Southerly by Peters St. , Westerly by Salem Turnpike, Northerly by Lawrence Eagle Tribune Realty Trust Easterly by Lawrence Eagle Tribune Realty Trust and David& Eileen D. Donovan 2. Title reference: North Essex Deeds, Book 1125 , Page 176 or Certificate of Title No. Registration Book _ page or Other: See Plan of Land in North Andover, MA prepared for Forbes Realty Trust dated February 24, 1986, prepared by Richard F. Kaminski & Assoc. , Inc. . Received by Town Clerk: Applicant's signature Date: James J. Philbin Tom; Applicant's address Signature: Forbes Realty Trust 401 Andover St. , N. Andover_, MA 01845 ., owner sigtrtuss, if not the F...w-+.PCS•".' As agent for the Owner First United Methodist Church of North Andover Peters St. , N. Andover, MA 01845 } Notice to APPLICAUr/ 1OWN CLERK of Action of Planning Board on AccaTpanying Plan. 1. The North Andover Planning Board has determined that said plan does not require approval under the subdivision control law, and the appropriate endorsement has been made upon the same. ♦f�2. . The North Andover Planning Board has determined that said plan shows a subdivision, as defined by G.L. c. 41, s. -81-L, and-must, therefore, be re-submitted to it for approval under the subdivision control law. Very truly yours, NORTH ANDOVER PLANNING BOARD By ecei ved by Town �, , u, ,, . RECEIVED �OWDIEL LCNG FORM A Ip gqN11��CPp�{.4���tt� RR RTAPPLTMION FOR ENDORSEMENT OF PLAN Ole 12 jjbjf gNOT TO REQUIRE APPROVAL i��e 19Jr To the Pl anninq Board of the Town of North Andove•rs The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required . . The undersigned. believes that such approval ` isnot required for the following reasons : 1 . The division of land shown on the accompanying plan is not a sub- di vision because every lot shown thereon has the amount of frontage required by the North Andover Zoning By Law 'and is on a public way , namely , a,4z �� . or a private way , namely , ST�c -'S being land bounded as follows : ' / r . '�rlx'C, slL'd. y �V f,�a Ff-.tJna x'iP �/7i',�'.o►r�j�!l�l..Jd'G�sT'a.- ,.ExJ�� .ve.��i�'� t i i 2 : The division of land shown on the accompanying plan is not a Aub- I division for the following reasons: i 3. Title reference North Essex Deeds , •Book T 5;2 Page �. _� or rCertificate of Title No . Registration Book i Page _ Applicant ' s Signature : Owner ' s signature and address if not 1 the applicant . Applicant ' s Address : ,,.� ,-`— Received ny . i f M 1 1. 1 Notice ,to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan ; • i . The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law , and the appropriate endorsement has been made upon the same . 2 . The North Andover Planning Board has determined that said plan shows a subdivision , as defined by G . L . c. 419 s . 81-L , and must therefore be re-submitted to it for approval under the Subdivision Control Law. ` i .—___. — - — -— - - Very truly yours $ (. NORTH ANDOVER PLANNING BOARD By , • 's Date : a f i 1 1 it DECEIVE G Recei ved 33 FORM FORMA APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL 19 �_ J_ i1 f To the Planning Board of the Town of North Andovers The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required . . The undersigned. believes that such approval isnot required for the following reasons : 1 . The division of land shown on the accompanying plan is not a sub- division ub-division because every lot shown thereon has the amount of ,frontage required by the North Andover Zoning By Law -and is on a public ' way , namely , - ,�,� X, �T. or a private way , namely , being land bounded as follows: 1W I �L .9✓ PA. ,� P �f7PL°�[�f/7 ✓dG�fiTs%_.K�J/1 rtoXV dP�� r -� 2 . The division of land shown on the accompanying plan i•s not a sub- division for the following reasons : I 3.. Title reference North Essex Deeds , Book 2,L_s Page or Certificate of Title No . , Registration Book Page I Applicant ' s Signature : owner ' s signature and address if not the applicant : % C Applicant ' s Address : ,r r- tar �e _ AA 92�e nIJJ are Received by down dark ; Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan: • 1. The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law , and the appropriate endorsement has been made upon the same . r 2 . Th ort Andover Planning Board has determined that Ian shows a su s•iai s de ined b 41 , s 81-L b e- ub -i ed it fo va m t eref e r �► Subdivision Control La . Very tru1Y yours NORTH ANDOVER PLANNING BOARD By O_kf, ' Date : �o2—lG—$✓`� j i Itcceiveu Uy IUw ,� FORMA R -- I�' APPLICATION FOR ENDORSEMENT OF PLAN �. BELIEVED NOT' TO RE DIRE APPROVAL ., 4-9- To the Planning Board of the 'Town' of North Andove'rt uests a The undersigned wishes to record the accompanying plan and req determination by said Board that approval by it under the Subdivision Control Law is not required . . The undersigned believes that such appro� is not required for the following reasons : sub- The division of land shown on the accompanying plan is not a Law 'amd is on a pueblic ' way thereon has the amount of >fron agi division because every lot shown required by the North Andover Zoning � a private way , nam y • namely , /s<.rT ovr+ ANo; i being land bounded as follows / , L A n! Lo r pV 4j r +� ----�' , . i n 1 an i•s not a ub- 3 2 . The division of land shown' on the accompanying p , division for the following reasons ; z Book 1 3 Zr> Page 73 ' t 3': Title reference North Essex Deeds , _.--- • , � . ' C e r t i f i c a t e of Ti t l e No Registration Book �R Page �.. ' n ure and add s : r Owner ' s sig e Appli ant 's Si n t e .W the is App icant Address : N- 17 r�ov /1 /�• 40 : C Y. 3,�Yt. 40.0 4k4 Notice to APIPLICANT/TOWN CLERK of action of planning Board on , << accompanying' :Plon . i . The North Andover Planning Board has determined that said plan . does not require approval under the Subdivision Control Law , and the appropriate endorsement has . been made' upon the same . x . , +k 2 . Th North Andover Planni Board has deter ined that said plan s w a subdivision as defined by G . L-. , c. - 1 , s . 81-L , a mu t therefore b re-submitted to it- for ap,p oval un-4 r the Su division ntrol Law. very . truly yours , NORTH- ANDOVER PLANNING BOARD a z t 8Y ' •' 444^ Date : y , ILA 01 N11 NZ. i ids+ ....... ..:. ........._ �......Px�V B�.ti+}pfhCY�M` •.4 tv ^'' �'.eh°h� 3 I,cCtIVrU Uy iUri RECEIVE') tflLLOHG CFORM A L...R� �{0€tYR atIDOVER 3 � AftLICATION FOR ENDORSEMENT OF PLAN LIEVED NOT TO REQUIRE APPROVAL November 20 , 19 To the Planning Board of the Town' of North Andovert The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required . The undersigned. believes that such approvi is not required for the following reasons : 1 . The division of land shown on the accompanying plan is not a- sub- division because every lot shown. thereon has the amount of ..frontage required bar the North Andover Zoning By Law and is on a public way , namely , .�alem .Street or a private way , namely, being land bounded as follows : t]ortherly and ',,Vesterly by I,ot 13; Easterly by Lot 10; Southerly by Salem Street 2 . The division of land shown on the accompanying plan i•s not a rub- division for the following reasons : Inst. No. 3 • Title reference North Essex Deeds , Book 12639_; Page __.; 01 Certificate of Title No . , Registration Book Page Applic is Si Mature ; Owner ' s signature and address if too �' the applicant : 7 Apel cant ' s Address Forbes 'Realty 401 Andover Street North Andover, VA Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : I. The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law , and the appropriate endorsement has been made upon the same . 2 . The North Andover Planning Board has determined that said plan shows a subdivision , as defined by G . L . c . 41 , s . 81-L , and must therefore be re-submitted to it for approval under the Subdivision Control Law . ---- Very truly yours , � — - NORTH ANDOVER PLANNING, BOARD By : Date keLUIVeU uy iuw � DANIEL LONG T©WN CLLR FORM A µORTN AnflOVE.R KATION FOR ENDORSEMENT OF PLAN 1�VI It 03 SIEVED NOT TO REQUIRE APPROVAL November 20 , 19 85' To the Planning Board of the Town' of North Andover'; � The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required . The uridersigned. believes that such approve is not required for the following reasons 1 . The division of land shown on the accompanying plan is not a sub- division because every lot shown. thereon has the amount of ..frontage required by the North Andover Zoning By Law and is on a public - way , namely , '3alem .street , or a private way , namely , , being land- bounded as follows : 1Iortherly and ',desterly by Lot 13; Easterly by Lot 10; Southerly by Salem Street 2The division of land shown on the accompanying plan is not a : s'�ub division for the following reasons : Inst. No. 3. Title reference North Essex Deeds , Book 12639 _; Page 01 Certificate of Title No . , Registration Book Page App is Si ature : Owner ' s signature and address if no the applicant : Apant ' s Address : Forbes Realty' 401 Andover atreet North Andover,; MA l Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : . 1. The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law , and the appropriate endorsement has been made upon the same . 2 . The North Andover Planning Board has determined that said plan shows a subdivision , as defined by G . L . c . 41 , s. 81-L , and must therefore be re-submitted to it for approval under the Subdivision Control Law . Very truly yours , NORT ANDOVER PLANNING�G L BOARD IV I By Date : i,ccetved by Iuwis , . . � REGEftVED . DANJELONG FORM A TON CLERK E' NORTH ANUOVE APPLICATION FOR ENDORSEMENT OF PLAN AN 9 I jitUfFED NOT TO REQUIRE APPROVAL ,.� is 19 To the Planning Board of the Town' of North Andover: The undersigned wishes to record the accompanyinunderntandta determination by said Board that approval bySubdivision Control Law is not required . The undersigned. believes that such approva is not required for the following reasons : 1 . The division of land shown on the accompanying plan is not a sub- division because every lot shown thereon has the amount of frontage requi.red _by the North Andover Zoning By Law and is on a public way , namely , �iZA4 STj'F1 or a private way , namely , being land bounded as follows : t HSiE r N��� SvC/FT vD w., 2 . The division of land shown on the accompanying plan i-s not a n for ^ g following reasons..: N i tl e"Oference North Essex Deeds , Book 8/ 3> Page ._. or BC.. a, Certificate of Title No . Registration Book _ Page Owner ' s signature and address if not Applicant s Signature : the pplicant : �i Applicant ' s Address : ST—. Al, Viz R Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : 1 . The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law , and the appropriate endorsement has been made upon the same . 2 . The North Andover Planning Board has determined t said plate show sub ' vision , . as ined b s . 81-L , and st therefor -submitted to it for approval under the Subdivision Control Law . Very truly yours , - NORTH ANDOVER PLANNING BOARD By . Date 1VQd by Iuwii FORM A APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL ==5, jo z � July 26, , 19 �7 u,.rca4 M X °thr Planning Board of the Town of North Ando,ver't The uersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required . The undersigned. believes that such approval is not required for the following reasons : 1 . The division of land shown on the accompanying plan is not a sub- division because every lot shown thereon has the amount of .frontage required by the 'North Andover Zoning By Law and is on a public,, way , namely , Salem Street , or a private way , namely , , being land bounded as follows : Northerly by lot 13 and 10 southerly by lot 10 Westerly by Salem Street. 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : Has rewired frontage and acreage 3 . Title reference North Essex Deeds , -Book 1882 Page 206 or Certificate of 'Title No . Registration Book . Page Applicant ' s Signature - Owner ' ssignature and address if not the applicant : Forbes Realty Trust Applicant ' s Address ; 401 Andover Street Forbes Realty Trust N. Andover, MA 01845 401 Andover St. ,r N. Andover, U 01845 �G64dte_.- Notice to APPLICANT/TOWN CLERK of action of Planning Board oA accompanying plan : . 1 . The North Andover Planning Board has determined that sai3kp A'° s does not require approval under the Subdivision Control 11aws, and the appropriate endorsement has been made upon the same . 2 • The North Andover Planning Board has determined that said plan shows a subdivision , as defined by G . L . c . 41 , s . 81-L , and must therefore be re-submitted to it for approval under the Subdivision Control Law . Very: truly yours , NORTH ANDOVER PLANNING BOARD By . Date : iteceivea R�CctYE�l SG FORMA , TOWN C`ERK liORTH4ppgVER PPLICATION FOR ENDORSEMENT OF PLAN 23 `S 35 �KBECIEVED NOT TO REQUIRE APPROVAL .CvlV 23 19 Ss To the Planning Board of the Town of North Andover': The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required . The undersigned. believes that such app rova is not required for the following reasons : 1 . The division of land shown on the accompanying plan is not a sub- division because every lot shown thereon has the amount of ,frontage required by the North Andover Zoning or Law andsvate swop anamelic way , namely , $�1�€M Si� �i being land bounded as follows : NURrI�E� Y r.or /3 ANS 4,07" /0 GJFSTE 2L BV sAG£m ST a- 2 . The division of land shown on the accompanying plan i-s not a sub- division for the following reasons : /SAS 3. Title reference North Essex Deeds , Book /0 52. Page ZaC7 to or Certificate of Title No . Registration Book Page Appli nt ' s Signatur Owner ' s signature and address if not the applicant : roej eS 1PEAGTr/ TRUST• Applicant ' s Address ' 401 4AJ,0ovE2 Sr /'C-aE 5 47,gcr V ¢U l nJr7ov9/'L M Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : 1 . The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law , and the appropriate endorsement has been made upon the same . 2 . The North Andover Planning Board has determined that said plan shows a subdivision , as defined by G . L . c . 41 , S . 81-L , and must therefore be re-submitted to it for approval under the Subdivision Control Law. !Very truly yours, " NORTH ANDOVER PLANNING BOARD By ! Date 10C 0 i V�d by I uw,l ; FORM A APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL July 26, 19 8. 5 o€ � �1e`i��elanninq Board of the Town of North Andove�rt G-jx ndersigned wishes to record the accompanying plan and requests a m'r&tion by said Board that approval by it under the Subdivision Con of aw is not required . The undersigned. believes that such approval is not quired for the following reasons ; 1 . The division of land shown on the accompanying plan is not a sub- division because every lot shown thereon has the amount of :frontage required by the North Andover Zoning By Law and is on a public way , namely , Salem Street or a private way , namely , being land bounded as follows : Northerly by lot 13 and 10 southerly by lot 10 _— Westerly by Salem Street. 2 . Tht division Af land shown on the accompanying plan is not a ?ub- dtivI�s10 fgr 'the. following reasons: s _ u��"4irontage and acreage _ 3. Title reference North Essex Deeds , Book 1882 ; ` Page 206 or Certificate of Title No . Registration Book Page Appl • cant ' s Signature Owner ' s signature and address if not the applicant : Forbes Realty Trust Applicant ' s Address: 401 Andover Street Forbes Realty Trust N. Andover, MA 01845 401 Andover at. N . Andover, IJA 01845 l Notice to APPLICANT/TOWN CLERK of action of Planning Board accompanying plan : ' , 1 . The North Andover Planning Board has 'determined that s'd plan ; does not require approval under the Subdivision Control eLaw' ' and the appropriate endorsement has. been made upon theame . 2 . The North Andover Planning Board has determined that said plan shows a subdivision , as defined by G . L .` c . ' 41 , s .- 81 -L and must therefore be re-submitted -to it for approval under the Subdivision Control Law . Very truly yours , — NORTH ANDOVER PLANNING BOARD B ; i y Date ,j Received by Town 'Clerk : FORMA $OIVp DANIEL t n APPLICATION FOR ENDORSEMENT #PRPf,�h'DCO"K BELIEVED NOT TO REQUIRE A PR VAL fR � su RM '9S 7-15 19 85 To the Planning Board of the Town' of North Andover: The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required . The undersigned believes that such approv is not required for the following reasons : 1 . The division of land shown on 'the accompanying plan is not a sub- division because every lot shown thereon has the amount of frontage required by the North Andover Zoning By Law and is on a public way, namely , or a private way , namely , Cochichewick Drive being land bounded as follows : Southerly by L2ht8 14,13Northerly by land of Robert H./Gorianne Farri Westerly by Robert H./Glorianne Farnham and Peter P./KatherineM. Say. And Easterly by Lot # 17. 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : Has required frontage and required area. 3. Title reference North Essex Deeds , Book 1974 Page 150 or Certificate of Title No . Registration Book, Page Applicant ''is Signatur Owner ' s signature and+ad�ress if not _ the applicant : GC/. Applicant ' s Address . 15 Old Ferry Road Methuen, SIA Thomas D. Laudani, Trustee Forbes Realty Trust eived by Town Clerk : F Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : 1 . The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law , and the appropriate endorsement has been made upon the same . 2 . The North Andover PlaC oard has termined that said plan shows a subdivision , ned by G . L . c. 41 , s 81-L , and must therefore be re- ed o it for approval under the Subdivision Control L s Very truly Yours , NO NDOVER PLANNING BOARD .` . Y Date : / • I &1O FORM A tIL 1 VORT ION FOR ENDORSEMENT OF PLAN BELIE ED NOT TO REQUIRE APPROVAL 10/17 19 64 To the Planning Board of the Town' of North Andover: The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required . , The `undersigned. believes that such approval is not required for the following reasons : 1 . The division of land shown on the accompanying pian is not a sub- division because ,every lot shown thereon has the amount of .frontage required b rew �SKKhR�ndover Zoning By Law and is on a public way , ly , namely , , or a private way, name , being land bounded as follows : On the east by Great Pond Rd. ,on the north by Movesian,on the south and west by Marbleridge` Dev.Corp. 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : I#as needed frontage and area 3 . Title reference North Essex Deeds , Book 1275 Page 151 or Certificate of Title No . , Registration Book --7 Page Applicant ' s Sign re : Owner ' s signature and address if not the applicant : F rhes Realty ust far ler' dge Dev.Corp. Applicant ' s Address : �20/� �,� 7 Bo �ym. ,No.Andover Received by 'Town Clerk :,'' I Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : 1. The North Andover Planning Board has determined that , said plan does not require approval under the Subdivision Control Law , , ! and the appropriate endorsement has been made upon the same . : i 2 . The rth ndover P anning Board s deter ' ned th sa d plan << sh s a su divisio as de ined G . L . c . 1 , s . 81-L and m st ther ore be a-submi ted t it' for ap rova under P bdivisi n Cont 1 Law. t Very ruiy yo rs , NO H ANOOVE PLANNING BOARD I}P, t f aall Date : V 04 W 10 i E � MUM Wfl GA •r2W3g OF NORTH ANDOVER ASSACHUSETTS I' Noxi V� JUL 9 kg fol 187 +,.ee,. p . AWqWddMb6fiW A Widde • 1waftw.o of to NO" In OMNI of*4um NOTICE OF DECISION Date. . .?lviq ?Po. 19$7. . . . . . . . . . . . . . Date of Hearing y Petition of . . Forbes Realty Trust . .. . . . . . . . . . . . . . . . .. . . . . . Premises affected ,Lots 25A. `27A; 28A and 23A, 24A,and 26A Forest Street . . .. . . . . . . . . . . . Referring to the above petition for a special permit from the requirements ofthe . . . . . . Section.2.30.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. two €2] common driveways so as to permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted to . .grant . . . . . . . . .the . . Comm®n.arivawayj .Spacial ,Permit. . . . . . . . based upon .the following conditions: [see attached] Signed Planning Board Members . . . . . . . . . . . . .. . . . . . . . . . . . John L. Simons . . . . . r. . ., . . . . , . .. . . . . . . . . . . John J. Burke . . . . . . . . . . .. . . . . Michael P. Roberts - . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . Paul A. Hedstrom . . . . . . .p;Armin " Board. . OFFICES OF: a Town of 120 Main Street APPEALS ,a ,y NOI TMAINDOVER North Andover, BUILDING p ,�F, Massachusettsol84s CONSERVATION �ypDAN' - "L yi;IONOF (617)685-4775 .HEALTHPLANNING PLANNINM �66"phTY DEVELOPMENT J&R$N�i.1. �N, DIRECTOR June 29, 1987 Mr. Daniel Long appal be fikd Town Office Building Within(2qdWdW*A North Andover, NA 01845 d8ta of Ohl Of Ob Re: 1)Lots 25A, 27A, and 28A Forest Street in ft om"at" Um Comm Driveway Special Permit CWL Conditional Approval 2)Lots 23A, 24A4, 26A Forest Street Common Driveway Special Permit Conditional Approval Dear Mr. Long, The North Andover Planning Board opened the public hearing upon the two (2) applications of Forbes Realty Trust on Monday April 6, 1987 in the Town Office Meeting Roots. The hearings were duly advertised in the North Andover Citizen on March 19 and 26, 1987. The following members were present: April 6, 1987 - Erich W. Nitzsche, Chairman; Michael P. Roberts, Vice Chairman; John L. Simmons,, Clerk; John J. Burke. The petitioner seeks two (2) Special Permits under Section 2.30.1 Driveways of the North Andover zoning Bylaw, which requires a Special Permit for a driveway servicing more than one lot. The premises are known as Lots 25A, 27A, and 28A Forest Street, and. Lots 23A, 24A. and 26A Forest Street. The lot is situated in the Resdential - 2 (R-2) zoning district. Said lots contain an area of at least an acre up to three acres and a frontage of 150 feet or 50 feet. At the hearing, Mr. John J. Burke read the legal notices for both public hearing special permits. Mr. Nitzsche disqualified himself as an abutter. Upon a motion made by John J. Burke and seconded by Michael P. Roberts it was decided to continue the public hearing until April 27, 1987 at 8:00 p.m. A group of abutters present at the meeting had not been notified. Tteir address were accepted and any further notices will be sent to them. 2. At the April 27, 1987 hearing continuance, Christiansen Engineering described the property and explained that the plan shows 2 common driveways designed to service 6 lots on Forest Street. It was noted that a OJVE[VAW running with the land must be submitted to the Planning Board prior to a decision. Board members present (John J. Burke, John L. Simons, [Erich W. Nitzsche disqualified from discussion] , Michael Roberts, Paul Hedstrom) vobed to continue the hearing to May 18, 1987. At the May 18, 1987 hearing continuance Chairman Nitzsche passed the chair to M. Roberts and disqualified himself. MOTION: By Paul Hedstrom to approve the application subject to planner drafting a decision with conditions. SECM: John J. Burke. Unanimous in favor: John Burke, Michael Roberts, John Simons, Paul Hedstrom, abstain - Erich Nitzsche. 1. A covenant running with the land shall be submitted to the Planning Board for recording by the applicant. This must be done within 20 days from the receipt of the decision. 2. The convon driveways shall be clearly marked with permanent stone markers placed at the entrance to the driveway designating house numbers to be engraved on every side of the marker. This shall remain clearly visible from all directions of the street. 3. Upon completion of the driveways, house construction and landscaping and prior to issuance of an occupancy permit, the applicant shall request a letter of compliance from the Planning Board accompanied by a certification and as-built plan from the project engineer who prepard the plan stating that the work has been completed in accordance with the submittal plans, approval of other town departments and this conditional approval. 4. The comron driveway easements shall be shown on plan to be recorded at the Registry of Deeds and referenced in the deeds as easements. All conditions shall be listed on said plan. The applicant shall comply with any MX orders of conditions. CV Y a 7 3. C. The applicant shall supply the Planning Board with the original recorded copy of the decision and submit a copy to the the Building Office as well. In granting the Special Permit requests, the Planning Board, pursuant to Section 10.31 - Conditions for Approval of Special Permits of the zoning Bylaw, find the following: a. The proposed common driveways are appropriate locations for such use due to the extensive wetland between the dwelling location and forest Street. b. The driveway, as proposed, with the required changes, will not adversely affect the neighborhood, provided all conditions are adhered to. c. There will be no nuisance or hazard to vehicles or pedestrians by construction of the driveways. d. Adequate and appropriate facilities will be provided for the proper operation of the proposed use, specifically by means of a recorded maintenance agreement. Based on site visits, the public hearing process, and testimony from town boards and departments, the proposed common driveways are in harmony with the general purpose and intent of the Town zoning Bylaw, specifically Section 2.30.1. Sincerely, P 1 Bo Paul Hedstrom, Member An cc: ,— Division of Public Works av Conservation Admin. Asst. Building Insp. ND Health Sanitarian Assessor t N Police Chief , Fire Chief Applicant Engineer File �4 vR FORM B APPLICATION FOR APPROVAL OF A PRELIMINARY PLAN April 25 19.2L To the Planning Board of the Town of North Andover.- The ndover:The undersigned, being the applicant as defined under Chapter 41, Section 81-L, for approval of a proposed subdivision shown on a plan entitled Preliminary Plan of Tucker Farms BY Christiansen Engr.Inc . dated April 19 84 .._ being land bounded as follows: On the north by land of Bodenrader,Hambleton,Resca,and Mill Rd. ,on the east by land of Benchmark Realty,Elbo Realty,Kirby,Floyd,McQue,Nicolaisen, and Johnson St. ,on the south by land of sabin,on the west by land of Pierog,Spinelli,Copeland,and Hannem. hereby submits said plan as a PRELIMINARY subdivision plan in accordance with the Rules and Regulations of the North Andover Planning Board and makes application to the Board for approval of said plan. Title reference: North Essex Deeds, Book 1792 Paget? ; or Certificate of Title No.., Registration Book , Pap.; or Other: App cant's Received by Town Clerk: Dates Ap licant address Forbes Realty Trust 7 Bonny Lane Time: No.Andover , Ma. Signature: Owner's signature and address if not the applicant: Notice to APPLICANt'/TONIN CLERK of Actio: of Planning Board on Preliminary Subdivision Plan entitled: Preliminary Plan of Tucker Farms By: Chri Qt-iancP--Eygjnt-grinv dated April 1984 Upigbaxxx 3. The North Andover Planning Board has tentatively approved said plant subject to the folloidng modifications thereof: (SEE ATTACHED SHEET) m co LZ a -V a V Very truly yours. NORTH ANDOVER PLANNING BOARD By Paul A,, Hgdstrom. Chairman Date: Tnnc- 21 - 1 Q Std s AN IN DECISION TUCKER FARMS-Preliminary Plan , Mune 21, 1984 1 . A new twelve (12) inch ductile iron cement lined water pipe, seal coated inside/tar coated outside shall be installed for a distance of 1000 feet on Mill Road and Johnson Street to the proposed road. The pipe shall be installed 15 feet from the property line with 5 feet of cover below the finish grade. 2. Eight (8) inch ductile iron cement lined water pipes seal coated inside/tar coated outside shall be installed 15 feet from the property line: a. along the proposed road; from Mill Rd. to Johnson St. , and b. for 665 feet along the property lines of lots 9 and 15 to Turnpike St. 3. Eddy breakflange fire hydrants to North Andover specifications shall be installed with 6 inch Mueller or equal gate valves (open left) in accordance with AWWA specifications L 500 52 T with 100 lb. sliding type cast iron gate boxes marked "WATER" at the following locations : a. stations 5 + 0 and 10 + 0; and b. stations 4 + 50, 9 + 10 and 13 + 30. 4. A twelve (12) inch gate valve is required at Johnson Street; eight (8) inch at Mill Road, and at the intersections of the proposed road and Turnpike Street . S. All work must pass the leakage and pressure tests performed in accordance with AWWA standard C600 and chlorinated in accordance with AWWA C601 'Standard Procedure for Disinfecting Water Mains' . Adequate public liability and property damage insurance, as well as a street opening bond for work on Mill Road and Turnpike Street, in the amount satisfactory to the Highway Surveyor will be required. 6. A Notice of Intent shall be filed with the Conservation Commission as required under Chapter er 131-Wetland Protection q p Act and the local Conservation Commission' s regulations. 7. Drainage in the form of two (2) catch basins shall be installed at the intersection of the proposed roadway and N(r 8 Mill Road and poosN�ibly' may require additional drainage at Johnson o son St . 8. In the areas of fill , no drainage structures shall be installed until adequate measures have been taken to ensure that proper fill materials are used to prevent settlement. 9. All headwalls are to be installed in accordance with Section V. 'Required Improvements' , subsection H. 3 of t1R-e Subdivision Rules and Regulations . 10. Any drainage from cellars or lot development shall be tied into the designed drainage system to be shown on the definitive plan, and approved by the Planning Board and Highway Surveyor . Drainage not shown on definitive plan will not be added during construction unless required by the Highway Surveyor. 11. Road pavement amd gravel width shall be increased by three (3) feet in all areas where Cape Cod berm is required, to be determined in the field by the Highway Surveyor. Notation to be placed on plan. 12. Slope easements shall be shown on the definitive plan in order to meet slope and shoulder requirements in accordance with Section V. 'Re uired Im rovements' , to be recorded by applicant and deededto the Town ot North Andover. 13. The leveling area that approaches the intersection with Mill Road shall be designed in accordance with Section IV. 'Design Standards ' , subsection A. 3. Note : Compliance with this requirement will effect the existing grade on Mill Rd. 14. Any brick used shall be clay brick. All masonry is to have solid bed and end joints of quality cement mortar. 15 . Road cross-sections will be clearly illustrated on plan for definitve review. Notation: Definitive plan will reflect Section IV C. lb. The manholes shown at stations 2 + 00 4 + 50 and 9 + 00 are not required. The manhole at station 9 + 50 shall be adjusted to be a catch basin. 17. The proposed road shall connect through to Johnson St. in accordance with Section IV, A, 4, (a) . 18 . In permitting the access/egress onto Mill road the Jury 1Z II i8 following off-site improvements sha 1 be completed in order to ensure the safety, convenience and welfare of the Town' s inhabitants: a. Appropriate measures shall be taken to eliminate the two blind curves on Mill Road at Lot 1 and to the south of the access/egress. b. Complete topographic detail shall be submitted with the definitive plan. c. The grade of Mill Rd. shall be altered to permit a safe approach to the proposed road. Notation: Location of Road A shall be subject to safisfaction of a through c above. 19 . Areas to be stumped shall be clearly delineated on the definitive plans to be reviewed and approved by the Planning Board. 20. The applicant shall submit a Statement of Environmental Impact as required in Section IIIBS to the Planning Board. Information describing the impact on Town Services subsection a shall be included. 21 . Prior to seeking lot releases , the applicant shall have installed utilities and applied the proper binder coat from Mill Rd. to Johnson St. to ensure safe access for travel by residents and emergency vehicles . 22. The owner shall retain title to the fee of each street, path, or easement in or appurtenant to the subdivision until conveyed to the Town and shall maintain and repair the roads and drainage facilities in a manner satisfactory to the Board during that period. Notation that fee is to be retained shall be placed on the definitive plan. 23. Applicant shall show inlet and outlet of all adjoining wetland areas and shall include their impact from drainage off this subdivision. The Planning Board may require a zero increase in the rate of runoff. 24. All test pits and percolation tests shall be located on the definitive plan and all results including spring water tables shall be submitted to the Planning Board. Oversized Maps on file with the Town