Loading...
HomeMy WebLinkAboutJ R REALTY TRUST WILLIS and WILLIS ATTORNEYS-AT-LAW 160 PLEASANT STREET NORTH ANDOVER, MASSACHUSETTS 01845 JOHN�& VIS TELEPHONE 685-3551 IS, JR. w March 9, 1990 Town of North Andover Clerk's Office 120 Main Street North Andover, MA 01845 Re: Trustee of J.R. Realty Trust, et al Vs. North Andover Planning Board Gentlemen: Enclosed you will find a copy of a CorVlaint which has, this day, been filed with the Land Court for the C=nonwealth of Massachusetts, appealing the decision of the Planning Board with regards to property on Vest Way in North Andover. The decision was filed by the Planning Board an February 21, 1990 and this appeal has been made within the twenty (20) day appeal period. Sincerely, John W' lis, Jr. JJWtgak Enclosure , c CCM ONWEALUH OF NAASSAC iUSEITS LAND COURT DEPAFM4M OF'THE TRIAL COURT TsPex, SS. Civil Action c x= c No. VX Ralph P. Ciandiello, Trustee of`J.R. Realty Trust, ) Crestward Development Corp., North Andover Realty ) Codp., North Andover Realty Corp., and Thomas D. ) Laudani and James J. Philbin, Trustees of Jamat j Realty Trust, Plaintiffw ) North Andover Planning Board, a ) Defendant ) W1'RODUCTICN This is an Appeal pursuant to M.G.L. c. 41, s. 81BB, from the Defendants disapproval of a Plan not requiring approval under the Subdivision Control Law which decision was rendered on February 21,1990 and filed with the Office of the Town Clerk on February 21, 1990. A copy of the Planning board Decision is attached hereto as Exhibit A and is incorporated herein by reference: 1. The Plaintiff, Ralph P. Ciardiello, is the Trustee of J.R. Realty Trust under Declaration of Trust dated 2/24/86 and recorded with the North Essex Registry of Deeds in Book 2142 at Page 19. The Trust is the owner of a Lot of land ]mown as Lot Number 28 on Plan No. 8012. See copy. of Plan attached as Exhibit B. The Plaintiff has a place of business at 154 Pleasant Street,. North Andover, 2. The Plaintiff, Crestwar+d Development Corp., is a Massachusetts. Corporation having a principal place of business at 154 Pleasant Street, North Andover, Massachusetts. It is the owner of a Lot of land known as Lot Number 29 on Plan No. 8012. See copy of Plan attached as Exhibit B. 3. The Plaintiff, North Andover Realty Corp., is a Massachusetts Corporation having a principal place of business at 100 Johnnycake Lane, North Andover, Massachusetts. It is the owner of a lot of land )mown as Lot Number 30 on Plan No. 8012. See copy of Plan attached as Exhibit B. 4. The Plaintiff, Thomas D. Laudani and James J. Philbin, Trustees of Jamat Realty Trust under Declaration of Trust dated June 27, 1988 and recorded with the North Essex Registry of Deeds in Book 2760 at Page 28. It has a place. of business at 33 Walker Road, North Andover, Massachusetts and is the owner of two (2) Lots of land known as Lots Numbered 31A and 32A on Plan Number 9120. SeeSPY of Plan attached as�Exhibit C. 5. The Defendant, North Andover Planning Board is a municipal Board `acting on behalf of the Town of North Andover under the provisions of the General Laws of the Ccmyionwealth of Massachusetts Chapter 41. 6. The Plaintiffs filed a Plan (see copy attached as Exhibit D) with an application for approval of a Plan not requiring subdivision approved in accordance with the provisions of Chapter 41 of the General Laws of the Carmnonwealth of Massachusetts. 7. On February 21, 1990, the North Andover Planning Board, by and through its chairman, George Perna, iWrcprly denied the application. See decision of the Planning Board attached hereto as Exhibit A. 8. The Board cited as reasons therefore, that the Plan would create new Lots which would have to meet the contiguous buildable area requirements of the Town Zoning By-law. 9. The section of the Tbwn Zoning By-law involved in this determination was section 7.1 See portion of Tuan Zoning By-Law attached as Exhibit E. P 10. The Plaintiff asserts that the contiguous buildable area requirements under the Zoning By-law is only applicable to new lots crated after April 28, 1986. 11. The Plaintiffs Five (5) Lots existed prior to April 28, 1986 and under the Plan submitted to the Planning Board were to be reconfigured into Three (3) lots. 12. The Plaintiffs assert that these actions did riot create any new lots within the meaning of the Zoning By-Law. Wherefore, the Plaintiffs ask this Honorable Court to rule: (1) The action of the Planning Board in denying the Plaintiffs application was incorrect; (2) Order the Planning Board for the Tbwn.of North Andover to endorse the Plans submitted by the Plaintiffs; and (3) For such further and other relief as the court deems appropriate. Ralph P. Ciardiello, Trust of J.R. Realty Trust; Crestward Development Corp., North Andover Realty Corp., and 7hcros D. .laudani and James J. Philbin, Trustees of Jamat Realty Trust WPleasant 0r. et z. North Andover, MA 01845 AFFIDAVIT John J. Willis, Jr., on behalf of the above named Plaintiff, being: sworn says that he is attorney for the Plaintiff in the above entitled action; all of the material allegations of the omplaint herein are within the affiant's personal knowledge and, for that reason, affiant makes this affidavit; affiant has read the foregoing cxanplaint and knows the contents thereon, and believes the same to be true. AFFIDAVIT OFCE John J. Willis, Jr., attorney for the Plaintiffs served notice of this appeal on the Town of North Andover by delivering a copy of the within complaint to the Town Clerk in hand on March 9, 1990. Sworn under the pains and penalties of perjury this 9th day of March 1990. ;;;,1,`•�..�:,;• .,, ..•. .. • „�• •'.� ♦PP1,IClTIWd' FGA T QP Ply► ,., • • • BELYEE'VF9 NOTTp RE IRE APPROVAL ' .•J ^f•,ty,.6 W •, +�':• '' i '• }�1•��y�M•M�LI�•�•yi •.•1�:�*•Y}y'7ua� • j�•1'1'.j' ,` ' ...,•. w , mom , •'�' '.1at4',•S2C-f' .. Ln 'I.ItFh/-�1 {I ••Ir .J'41iV�.�it•sp�4i�. y}t t '31 .t V,,,.}��i. r r`rWZjW' " �R f ::+' �� wM�R M r •A 3 ' bc lop$ ygdorai t trirbes so Iscard:toe "Company " plan and iwq►wete w dirter+�inaita r ,w Nnld AeaI'd tit &PWW l ly it W4der the SYbd�iYlalal Gont�'ol L►M Yo wilt regnirel a'•'r r. • Thr. vw�rgi,�a�d lwli►�►vrr fi�w1 t�h spArpv��iS +Ao#•�q�4 �� tAs't'Allv1 � Thi d#1411$04 Ot 3Ar shAwq W� tbo "QQ1 WLAff 1114A 1r Apt 0' aP vivioq lwa►w AAI every .dot sum tboma baf tba WYQASt of itlla SOMA4YI 4"40 •All'6 via" 0qt 41 r " •," t Vest Way tI 1.%Ir Q1. WAIvi Nortiweste 1 b Lot 7 no o1 C_gestwad Wile U by Land •dow of' Turner Trust and New } I y asterl Ib land 'now of Ten Mar IL p6t i as o ne lots are bein created as .the 'f ive original. lots were Greats n 19 .0 and are. ,' �i',` '' The diviasoq of iw r�►vW� oA .ipQgWp,lii1tl #A to out 0 611W446490 fof*tj * being ;reconfigured without creatin •an '� new lots ' 1 -00-7-0--t- __24 2142 ; ` .3.. �itli rrfrr kiwi►.Esr�c Awo�; AP 2ae4 Prow 9�3 i °�' GnrtittP�i� T • .'. t!4i' Applicant's SWatures J.R. Realty TruOt Crestward Dev.: Coxp. ,' salt Co and Jamat -Realkj 1 i• , T#+�i t ttorn r. "eceived by Town Clerk . REU IYU, DANWA. LONG• TOW%-, 'i c.,K r' l NORTH ,FOYER • Ff.� l► • 2 Z.1: PM '90 Notice to APPLICAN T/TQVfif CLIERK of acti, accpmpanyin plan : , , on of Plannlny Guard on 9 P _ 1. T e, Nortfi Andover P1 ning Hoard has terminad that said plan doles of req ire pprova under re Suedi inion oraltrol' ,law , and the. app riate endorsement has beeii mace upon the same . 2• The North Andover Planning ,Board has determined that said plan *bows a subdivision , as defined by G . L . c . 41 , s . VI -L , ani must therefore be re-submitted to it for approval under tlhe Subdivision Control Law , 30 This pian fails to conform to the Lot Very truly yours , area-Requirements found in section 7.1 Paragraph 2 of the North Andover zoning Bylaw. specifically, the area of any new NORTH A N U 0 V E I? PLA 11 N 1.11 G BOARD ht created, exclusive of an area in'a street or recorded way open to public use, C at least seventy-five ('75) percent of the minimum lot'area required for zoning liy : shall be contiguous land other than land located within a line identified as.iwetland resource areas in accordance With the Wetlands Protection Act, Date :_Z/-2 11 gld Massachusetts General Laws, Chapter 131, • - Section 40. The Planning Board has determined that this proposal would constitute the creation of new lots and should have toicouform to all such requirements Ar NFW EWGL-AND POWE12 GOMPDJ+Y S 3 0 CP '3 .6 3 Q. -s P �x N 13 IT ItC - � I,hJ ► ave m MA. Fort TY TQ. UST r VsT�„:Ma2G H 23,198s IZO 1100 1:.00 ' +IDL�SSQGI�TE.S ZNG. a.Nv L .O.IV Q SUiGvLYOLS a.vrc C QNP OW-MP.P c:4WL.4TI CNS OF �VtxOf 414 _ r P S 3:,,4 P¢,F.PA. � AVID A. �cyG f WNW M, NO,W57 �FCISTER` S08Mt tSlO►J � C... � IJT2G >tG£D 17oT£ NF.. T.AnS�'%?.E-LF♦.l'T' ,...�...>, ,.....:.,...,..,..�.� ..�narr � 4 EX Y/R/ T r a . S L,o c,u s Pc.at tj PL.gkLi aF' LAwc> • I�o2-rH A�vovE1Z�MF►. C—I.E-wrw^q,o Qw Coe.P., Uott.rH Puck ve a SA Mar 2Wr AC-F'yT2u ST Tcaw 1"f 19go G s�o �.p4 1"ro IGO 1_I r-�Win-H A u nhvt✓P. . ?✓( A SECTION- 7 DIHENSIONAL •REQUIREHENTS . 7.1 Lot Area Minimum lot areas for such uses in. eacn district shall be as set forth in Table 20 Summary of Dimensional Requirements, .which is hereby made part of this Bylaw. As of f any new lot created exclusive of area in a street or recorded way open to PUD.Lic 4sei, at least seventy - iv ercent of the m of area re uired f-cL-r-zoning shall e contiguous and other than an ne i enti ie wet and 'resQurce areas i with theVETIMS ro ec ion c assachuset Chapter 1 , Section 40. The p se structure must be construe e on sard=sIgnated contiguous land area. it In deterdining . the fulfillment of the minimum area and minimum street frontage of a lot required in any zoning diltrict, there . shall not be. included any land within the' limits of a street upon which such lot abut even if the fee to such street is . in the owner of the lot; except that if a corner lot at its street corner is bounded in part by a segment of curved line not more than seventy-five 475) feet in length connecting other "lines bounding such lot which if extended would intersect, the area and frontage required in such lot shall be computed and If such potentially intersecting lines were so extended; but if a curved line more than seventy- five ( 75 ) feet in length is the whole of any one ' boundary line of a lot, the minimum area and minimum frontage ''required shall be determined entirely within the lines bounding such lot, including such r�.. curved linea 2. No lot, upon which is then located any buildings or with respect to which a permit has been is if and is then outstanding for the erection ` of any building , shall be subdivided or reduced in area in any manner unless said lot shall thereafter fulfill the lot area, street frontage and yard space requirements of this Bylaw except as may be permitted otherwise by the provisions of a variance granted by the Board of Appeals. If land be subdivided, conveyed, devised or —otherwise transferred in violation hereof, no building permit or other permit shall be issued with reference to any of the land sa transferred or to the lots) retained until all • of such land and lots meet the requirements of this Zoning Bylaw. Any land taken by eminent domain or conveyed for a public purpose for which the land could have been taken shall not 76. r ,. PCl^R�M A ,. APPLICATIC8+1 MR &DORSahiED) 0, BELIEVED NOT TO RE IRE APPRO L /// 53 J.j.:1JyA +• ..1. h .w*.+..�+...+� i9 To the naming,zoard of the Town of North An 7ho undersigned wishes to r000rd!the accompanying plan and req*aeets a determination by said Board that approval 1W it under the SubdiVivioa Control Law in not required Tho uaderaigaed beliovos" that such approval-is not, required for the,followUg reasa 1� The division of laud shown on the a000mpanying plan in not a' subdivision, becaus, every .lot shown thereon has the amount of frontage required by the North Aadove; Zouirg. "w %ad is on a publio way, namely, y Qr•a private watiyi namely, Vest Way being land bounded as follower Southwe Northwesterly by-Lot 27 now of Crestward Dev21pQWehtast rl by Land now of Turner Trust and New t' outheasterlx 'by land now of Ten Mar Ant r' t •dn issu as no new lots are bein created as .the five original lots were created in 1978 and are a�. The division ot land shown on the•acvaapanyinN plan is of a subdivision thi following,reasons: 142 24. 3. . Title reterenas North Essex I)eeds, Book 2480,_� page .9 1 i or Certificate xcilx {,x ct�OaGtisatak 1813 ' page. 230 #eceived by Town Qlorki date: Applicant 's Siggature: J.R. Realty Trust Crestward Dev Corp. , i• Time iNorth Andover Realty Corp and Jamat Realty t ttorn Signature ' a � a Zh g� K (' 'e � d a�i •address i of the appliaaaI a3nn�; . f �;1NON + �lw� r77 DWRMMT OF KM i BEl,YEfIID NOT TOILL IRl� APPROVAL ' r r • �a tr'•i•i •r ,�./h � Y Y ':'/� tA..+ 1}.. w. . ,•.1•: w r' ..� y`(J • 1 �, •,. . ••S.. •�(, . "1 .Id 1!Vt('Q4'r1/r. / Ajah4!1•.'Si 'f 1 ..,Mr�' t�•.(1 �'/.' i `1W8W mmuw Amt .Qf.tau ' A3or � 4 +. Thi undereigaed Wirsms 10 r+ "Vd:tyle MOWP44ying Plan ad """so a Asteraination 1W said Board that approval lq it uadar the Wb",Asian Control LW is not rsgutred T149 uncterstpe!i 1�allow tt*t I. auah apPrOV4, is aot.repaired i'vr tho'iallowiS masa 1.' d violoA of laud ebo>s► on the "aMpaaying plait► is 49$ +1' spbdivisiau beoaua ` every .lot sbawn t1wrogn US ai am% of tropta f r#q"rQ 1 1W the hook agAOVA • ?wliu� LrKr as aiiR 174 y , r' pi;'A WYate WV4 UWW1v, Vest Wa . U94ded as t'ellawsi o f thw tgrl b t 27 nogof Cr stwa d A:. .. Coirn. Northeast. rl.ybx Land 'now of ' Turner Trust and New .� land 'now of Ten Mar s s ra ' .6 new lots are being f created as .the five original.' lots were Create in 8 an are 1'. The division o,!.1� P"Oun oR %W.iRAo> P$'js4m $4 MON oil 4142 tuts ;4iWIWiA�F I ' t.; r ,. r - 'Pule r�tsrez North Rsex Ase441230 oo�C 24HQ j page 91' j or Cortlt` 946 1813 ! Was ,. Applicant's Sigr}ature: J.R. Realty Trust Crestward Dev. Corp. ± . Tiaeier ealt Co -and Jamat Realty INnrth t ttorn SiNnatai'O j, ': � - yt 'ai1d3'esli of t� �3iaalil pox A s r''' ;, ,�PPLIC6TItW`FRR WDORSF. WT OP PL#N } t BA,IP'VED HOT TO MM APPROVAL ' rox` .W , �..� ,• i ' .�4',(,:r�ytr ,LlY•�"y'i .�,�;�,*,•,.tj.. j•, 1 M'1 '►��' ^ , _" '*` '� �' �t am•�..'� +� ' iii It �i •:��A�►'le •y 1` IMv+' IJ..ct _I {n tl! . t ' I. q� ygdprNi�apA H1 H t0 rNap3'�1' i1w acoa Ming P tend i'equesto ar deterwinatiaa :",Ny maid Board that apprma IV it loader the a�bd�i. giaa Control Lmow 'ia not required F ' ' w exai��d �rxi�wo+� � ► aPAr+�r 1`io +.4Q .rpq►Amd iar ug rol�pr+ ar�A 1� �'bo O Yis�oq pt'lawl ehowti as tAhe aAWWpaWUS DIVA ie opt 4' ephdivisim Uoaue r eY�`y .�O(k L1Mpi t i!VQa1 b4# the paual of fra4$afp r@ � the SW$A YR! � awl �� � p 1 p .•.p�.p 4:�,' , e.• • •'•,••, }' ''' '1N ,i1 1•',~• �].''� priY�1t+� 411 Vest Wa , '`'',. �• ` • :'' •' •, , 1 • •`• . ` + Wing westerl b . ' Lot 27 now of Crestward ' rt rl • b Land 'now of Turner Trust and New `I yt aster] )byland 'now of Ten Mar x , ! i as '�io new lots 'are beinOWN � } created as •the •f ive original. lots were Create in 19778 an are. •�� The diYipiai Qt 104 1kQW4 94 #�M.awslaio�apal� �'pl irif appt A a�whdiYls��li vaF iia * being .reconfigured without crea-ting n '' new Pots '. , i .; 4, . , 3.. tii rw�orwla ftp # �aex Aaoc ; mak .' 24 8 0 � ,;i. �'a p 91 or Gwrtit�i�tN "' 8Z3'r . !' � .9�x�'�k �� �:wi�� � #+i��GiG�G . I �'�p• .}�..�,aw�. '"r r #ai ,• APPliaapt's Signature: t•` ' J.R. Realty TaruOt Crestward Uew.. Corp. ;• 4'';' r 'R'' Realt co and Jamat -Reale} t rnej ;.i _ r ' �tVM,V1 •� t� addrppp Qt 1tiP :• y i • .1..