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HomeMy WebLinkAboutNORTH ANDOVER SKATING CLUB I JOHN J. LYNCH TELEPHONE 685-3551 JOHN J. WILLIS ` DOMENIC J. SCALISE LYNCH AND WILLIS 12 �g 74 t$ �s! ATTORNEYS-AT-LAW 154 PLEASANT STREET NORTH ANDOVER. MASSACHUSETTS 01845 {o A'OU ;913 lu lOH�1 j. LYOKS N o -foWtA,CI:ERf( ti �� NciRTN.pgd00V..R ti SObQcc L9 tL August 2, 1973 John J. Lyons, Town Clerk Town Building 1dain Street North .Andover, Mass. 01645 Rei Vincent B. Landers, .Appellant vs North Andover Skating Club, Inc. et alii Dear Sirs Enclosed herewith is a copy of a Bill in Equity appealing the decision of the North Andover Board of Appeals filed in Essex Superior Court on August 35 1973. Very truly your, JJW/agl John J. Willis Encl. a Commonwealth of Massachusetts Essex,ss, Superior Court VINC ,NT B. LANDERS, APPELLANT vs. NORTH ANDOVER SKATING CLUB, INC. of ¢15 Turnpike Street, North Andover, Massachusetts; FRANK SERIO, JR. , of 250 Hillside Road, North Andover, Massachusetts, as he is Chairman and a member of the North Andover Board of Appeals,, Essex County, Massachusetts; ARTHUR R. DRUMMOND, of 38 Johnson Street, North Andover, Massachusetts, as he is Vice Chairman and a member of the North Andover Board of Appeals, Essex County, Massachusetts; WILLIAM N. SALE14TE, of 2,2 Young Road , North Andover, Massachusetts, as he is a member of the North Andover Board of Appeals, Essex County, Massachusetts; LOUIS DJFRU CIO, of 90 Edgelawn. Avenue, North Andover, .a.assachusetts, as he is a member of the North Andover Board of Anneals, Essex County, Massachusetts; and FTPGEJF A . BELIVEAU, of 32$ Main. Street, North Andover, Y,assachusetts, as he is Clerk and a member of the North Andover Board of Appeals, Essex County, Massachusetts; RESPONDENTS BILL IN EQUITY 1. This is an Appealby Vincent B. Landers under the provisions of eneral Laws, Chapter 40A, Section 21, as amended appealing a decision of the North Andover Board of Appeals granting a special *permit for skating; rinks to the North Andover Skating Club, Inc. 2, Your Appellant, Vincent B. Landers says that he is a resident and taxpayer residing at 40 Court Street, North AndQvQ _.; Essex 14 LYNCH,WILLIS&SCALISE County, Massachusetts. ATTORNEYS-AT-LAW �`�A " CEIVE3 1 154 PLEASANT STREETI j �� NORTH ANDOVER,MASS. ( I'. t7 01845 \1) U7 '01/1V J. 1973 r� �. TowN �UONS o s a N�Rr�AN AVER Z 3 . That the Respondents, Frank Serio, Jr. , Arthur R. Drummond, William N. Salemme, Louis DiFruscio, and Eugene A. Beliveau, are all members of the Zoning Board of Appeals of the Town of North Andover. 4. That the Respondents, forth Andover Skating Club, Inc. brought a Petition before the North Andover Zoning Board of Appeals for a Special Permit under the provisions of Section 4.129, Paragraph 90 and Paragraph 9.3 0£ the North Andover Zoning By-Laws so as to permit the construction of a building which would house three (3) ice skating rinks to be located on a parcel of land on the westerly side of Turnpike Street, known as Number 815 Turnpike Street, in the Town of North Andover. 5 . That on June 11, 1973 , the North Andover Zoning Board of Appeals, held a public hearing,' at which time evidence was presented by the said North Andover Skating Club, Inc, supporting their petition for a special permit to construct said facility. h. The notice of public hearing concerning the petition was advertised in the Lawrence Eagle Tribune on May 26 and JuT1e 2, 1973 and all abutters were duly notified by regular mail. 7. Several abutting residents were present at the hearing objecting, to and showing concern for the traffic that such a facility would generate entering Route 114• 8. At the conclusion of the hearing on June 11, 1973v a motion was made to continue the hearing until the following month- On June 180 1973, the Board of Appeal members; the petitioners, North Andover Skating Club, Inc. and engineers; the highway surveyor, William Cyr; and Selectmen Guthrie and Coady, met at ;LYD LYNCH,WILLIS R SCALISE ATTORNEYS-AT-LAW the site to view the premises. 154 PLEASANT STREET N1 NORTH ANDOVER, MASS. 01845 (2) f (b) That the use as developed will not adversely effect the neighborhood . (c) There will be no nuisance or serious hazard to vehicles or pedestrians. , and (d ) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. 13. That for the reasons set forth above, the North Andover Board of Appeals in attempting to grant a special permit to the North Andover Skating Club, Inc. exceeded its authority, and is therefore invalid . AHFREFORE, your Appellant prays: 1. That the findings and decisions of said Board of Appeals of North Andover be annulled. 2. That this Honorable Court issue a decree revoking and reversing said decision by the Board of Appeals dated July 1$, 1973 and filed on July 11, 1973. VINCENT B. LANDERS by _.._.. ...�. o J. WilYis, His Attorney Commonwealth of Massachusetts Essex,ss. August 1973 Then personally appeared before me the above mentioned Vincent B. Landers who has made oath that he has read the fore- going Bill in Equity and knows the contents thereof, and that the .facts stated therein are true of his own knowledge except such that are stated to be alleged on information and belief, and to those he believes them to be true . LYNCH,WILLIS&SCALISE ATTORNEYS-AT-LAW 154 PLEASANT STREET .t i f�, TO_ p NORTH ANDOVER,MASS. 01845 J CHOP ,. •� �!� !R TOWN OF NORTH ANDOVER ° MASSACHUSETTS _ Q( NS °k BOARD OF APPEALS July 18 • 1973 North Andover Skating Club, Inc, Willow Street at 815 Turnpike St Petition #17-'73 Jelin J. Lyons, Tam Clerk Team Office Handing lbrth Andover, Koss. Dent' Sirs of Pubmarlic hearift was held by the Board of Appeals an June 11, 1973 upon application Skating Clnbt In . who requested a Special Permit under Section b.1.299 para. (9) sand Seetiaa 99 Para. 90 of the Zoning Byb-Lax so as to permit the 0006traetion of a building whish will house three, 85 x 1859 ice skating rinks, 1006tod st the frost side of Toupikoe Street; approx. 550 feet from the corner of * W111otr Street and I I a as 015 TunqdJo Street. The following members were present _ =1 votimgs Frank Serie* Jr.t Chairman= Arthur B. Drummondt Vice Chairman; 11l�,11a11� R. Solesms and Letds DiTrtissiq. and Dr. Eugene A. Beliveau, Clerk.. Ths hearing was advertised is the Lawrence Eagle-Tribune on Xey 26 and June 2, 1973 f .; and all abutters trere dnly notified by regular mail. Atty. Stephan Da],t and Mark Henry represented the petitioners. They explained that a three rink ice akatisi• ''Fjmd& 4,0 , facility is plantled, which will have a completely faclosed equipment room so that there will be no noise to the outside. The facility will be located as a site of 9.23 acres, approximately 550 feet from the corner of Willow Street at Turnpike Street. The parking area will service 300-500 cars and a U=bsr of buses. The amtraace will be from Willow Street, opposite the entrance to the Tennis Club. They hen made application to the State D.P.W. to cozmect to the exiatiag sewer facility an Rte. 114. They have also filed a plan with the State D.P.W. for a breakdown lane from Rte. 114 to take care of traffic. An infirmary and nursery will be provided; a restaurant is allowed as a secondary use. This facility w*UM not he obmadow or detrimental in any way and they are trying their best to take care of ap traffic paroblew. Several Karim Drive residents were present and were concerned mainly about the traffic on Rte. 114 and how it would be handled. Mr. Henry explained that the state cealdfns't act until sama'defUdte action is taken by the Board; that everything is aantinsent upon the ape" pewit including� , i .� the financing. Drwsmond made a motiom to eontinus the hearing until next month; Dr. Beliveau Moapdad VIS motion and the vote tram tnwmimeus. � 3 fQumm�rnau�ttlt.�r u� s�xrl�un�ft,� Essex, ss. Superior Court i i I r d Vincent 3. Landers, Appellant V's North Andover Skating Club, Inc. Frank Serio, Jr. Arthur R. ? I .Drummond, William Salemme, Louis DiFruscio and Lagene A. 3eliveau Respondents :SILL IN EgUITY iJ John J. Willis, Esq. LYNCH, WILLIS & SCALISE ATTORNEYS-AT-LAW 154 PLEASANT STREET NORTH ANDOVER, MASSACHUSETTS 01845 (6 17) 885-3551 NEW ENGLAND LEGAL SUPPLY.PUBLISHERS.RUTLAND VT. a yy(YI•... JOHN J. LYNCH TELEPHONE 685-3551 JOHN J. WILLIS DOMENIC J. SCALISE LYNCH AND WILLIS 2 13 14 1$ 78 ATTORNEYS-AT-LAW 154 PLEASANT STREET /Q REGE��EO �G� NORTH ANDOVER. MASSACHUSETTS 01845 10 AUu Iva 1. LYONS ti r� TOWK - ER.K ti �� Nt1ftTN AN00YER ��L 30rioE` y9bL August 2, 1973 John J. Lyons, Town Clerk Town Building Main Street North Andover, Bloss. 09845 Res Vincent B. Landers, .Appellant vs North Andover 31.cating Club, Inc. et alii Dear Sirs Enclosed herewith is a copy of a Bill in Equity appealing the decision of the North Andover Board of ,appeals filed in Essex Superior Court on August 3, 1973. Very truly your , J,TW/agl John J. Willis 2hc1. i Commonwealth of Massachusetts Essex,ss. Superior Court VINCENT B. LANDERS, APPELLANT vs. NORTH ANDOVER SKATING CLUB, INC. of 815 Turnpike Street, North Andover, Massachusetts; FRANK SERIO, JR. , of 250 Hillside Road , North Andover, ?rassachusetts, as he is Chairman and a member of the North Andover Board of Appeals, Fssex County, Massachusetts; ARTHUR R. DRUMMOND, of 38 Johnson Street, North Andover, Massachusetts, as he is Vice Chairman and a member of the North Andover Board of Appeals, Essex County, Massachusetts; dILLIAY 24. SALEMPSTE, of 22 Young Road , North Andover, Massachusetts, as he is a member of the North Andover Board of Appeals, Essex County, Massachusetts; LOUIS DiFRUSCIO, of 90 Edgelawn Avenue, North Andover, Nassachusetts, as he is a member of the North Andover Board of Anneals, Essex County, Massachusetts; and SUGENE A . BELIVEAU, of 324 Main Street, North Andover, Massachusetts, as he is Clerk and a member of the North Andover Board of Appeals, Essex County, Massachusetts; RESPONDENTS BILL IN EQUITY I 1. This is an Appealby Vincent B, Landers under the provisions of General Laws, Chapter 40A, Section 21, as amended appealing a decision of the North Andover Board of Appeals granting a special permit for skating rinks to the North Andover Skating Club, Inc. 2. Your Appellant, Vincent B. Landers says that he is a resident and taxpayer residing at 40 Court Street, North Andover, Essex _LYNCH,WILLIS&SCALISE County, Massachusetts. �`. [ �► S�� ATTORNEYS-AT-LAW !."j �I�QIVE1 154 PLEASANT STREET o AUG G 3 iip NORTH ANDOVER,MASS, / �� LO /VIJ? 01845 - \l.) Jrcw J IYON E , RTHry CLL, A AND�yFR �. 3. That the Respondents, Frank Serio, Jr. , Arthur R. Drummond, dilliam N. Salemme, Louis DiFruscio, and Eugene A. Beliveau, are all members of the Zoning Board of Appeals of the Town of North Andover. 4. That the Respondents, North Andover Skating Club, Inc. brought a Petition before the North Andover Zoning Board of Appeals for a Special Permit under the provisions of Section 4.129, Paragraph 9, and Paragraph 9.3 of the North Andover Zoning By-Laws so as to permit the construction of a building which would house three (3) ice skating rinks to be located on a parcel of land on the westerly side of Turnpike Street, known as '+lumber 815 Turnpike Street, in the Town of North Andover. 5. That on June 11, 1973, the North Andover Zoning Board of Appeals, held a public hearing at which time evidence was presented by the said North Andover Skating Club, Inc. supporting their petition for a special permit to construct said facility. h. The notice of public hearing concerning; the petition was advertised in the Lawrence Eagle Tribune on May 26 and June 2, 1973 and all abutters were duly notified by regular mail. 7. Several abutting residents were present at the hearing objecting to and showing concern for the traffic that such a facility would generate entering Route 114, 1. At the conclusion of the hearing on June 11, 1973, a motion was made to continue the hearing until the following month. On June 18, 1973, the Board of Appeal members; the petitioners, North Andover Skating Club, Inc. and engineers; the highway LYNCH,WILLIS&SCALISE surveyor, 'William Cyr; and Selectmen Guthrie and Coady, met at .: ATTORNEYS-AT-LAW the site to view the premises. 154 PLEASANT STREET NORTH ANDOVER.MASS, 01845 (2) 9. The Board next met on July 9, 1973 at which time all of the members of said Board, Respondents in this case, were present and voted to grant the special permit, subject to conditions attached thereto, which decision was recorded in the office of the Town Clerk on July 18, 1973 • Said decision is attached hereto and marked Exhibit "A" . 10. The Appellant, being aggrieved by the decision of the Board of Appeals of the Town of North Andover, hereby appeals to this Honorable Court under the Provision of General Laws, Chapter 40A, Section 21, as amended. 11. Your Appellant states that said decision is to be governed by the provision of General Laws, Chapter 40A , Section 4 which grants to a Board of Appeals the right to grant special permits under certain conditions, and that the decision as arrived at does not meet the requirements of said General Laws, Chapter 40A, Section 4, because the Board has failed to make specific findings of fact based on evidence presented by the Petitioner, Forth Andover Skating Club, Inc. and is therefore invalid .for want of proper legal findings. 2. That the Board in its decision recited that Section 9.31, "Condition for Approval of Special Permit" of the North Andover Zoning By-Law have in its judgment been met and the conditions required under the provisions of said Section 9.31 of said By-Law, have been fulfilled but the Board failed to point out any evidence upon which they based their finding that: (a) The speci2'ic site is an appropriate location for such .LYNCH,WILLIS BSCALISE use, structure or condition. ATTORNEYS-AT-LAW 154 PLEASANT STREET NORTH ANDOVER,MASS. 01845 (3) (b) That the use as developed will not adversely effect the neighborhood. (c) There will be no nuisance or serious hazard to vehicles or pedestrians. , and (d) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. 13. That for the reasons set forth above, the North Andover Board of Appeals in attempting to grant a special permit to the North Andover Skating; Club, Inc. exceeded its authority, and is therefore invalid. 4PEREFORE, your Appellant prays: 1. That the findings and decisions of said Board of Appeals of North Andover be annulled. 2. That this Honorable Court issue a decree revoking and reversing said decision by the Board of Appeals dated July 18, 1973 and filed on July 1q, 1973• VINCENT B. LANDERS byJo b►ilYis, His Attorney Commonwealth of Massachusetts Essex,ss. August , 1973 Then personally appeared before me the above mentioned Vincent B. Landers who has made oath that he has read the fore- going Bill in Equity and knows the contents thereof, and that the facts stated therein are true of his own knowledge except such that are stated to be alleged on information and belief, and to those he believes them to be true. LYNCH,WILLIS&SCALISE ATTORNEYS-AT-LAW � 1PLEASANT STREET. \ ►/. V U_ N �, NORTH H ANDOVER,MASS. VVV x"111 \,JLJIy4.m �r 01845 e - ?:rAMOtitr•, «. ONO" 4: [835 �'• ; HCHO TOWN OF NORTH ANDOVER " MASSACHUSETTS �" f)�`��l �' • • BOARD OF APPEALS 'b s: `�- 02 6 Jul*18 , 1973 Borth Andover Skating Clubt Inc. Millon Street at 815 Turnpike St, Petition #l7-173 John J. locums Town Clerk Tom Office Building Amin AAdoTer, Mus. Dear airs A Public hearing was held by the Board of Appeals on June 11, 1973 upon application Of North Amkm r Skating Club* Inoe who requested a Special Permit miler Section 4.1299 We, (9) and Section, 9s Para. 9.3 of the Zoning Byw-Lan so as to permit the of a building whish will house three 85 a 1859 ice skating rima, located at the nest side of ?M%pike Street; approx. 550 feet from the corner of . . Willow Street and kmewm as 015 TMMVI1oe Street. The following ambers were present and voting: Freak Serie, Jr.s Chairmen; Arthur R. Drummond, Vice Chairman; �Fi� ; William B. Salsa and Louis Ditraseiq. and Dr. Eugene A. Beliveau, Clerk, The hearing was advertised is the Lawremce Eagle-Tribune on May 26 and June 2, 1973 and all abutterm mere duly notified by regular mail. AttY. Stephen Duly and Mark Henry represented the petitioners. They explained that a three rink ice akatiug, '7ef!•rowmd, facility is planned, which will have a complete.4 Suclosed equipment room so that there will be no noise to the outside. The facility will be located on a site of 9.23 acres, approximately 550 .fest from the corner of Willow Street at Turnpike Street. The parking area will service 304-500 cars and a "number of buses. The entrance will be from Willow Street, opposite the entrance to he Tai° Club. They have made application to the State D.P.W. to connect to the existing sewer facility OR Rte. 134. They have also filed a plan with the State D.P.W. for a breakdown lane from Its, 114 to take care of traffic. An infirmary and nursery will be provided= a rest=rant is allowed as a secondary use. This facility would not be ebmoxioue or detrimental in any way and they are trying their blast to take care of cep traffic problems. Several Marian Drive residents mere "Sat and were concerned mainly about the traffic an Rte. 124 asd haw it would be handled. Mr. Henry explained that the state eoulda't act until same'dsfiaite &diem is taken by the Board; that everything is e0Rt116011t upas the special Paredt, including the financing. Mr. Drommend made a mgtien to °mtiau the hearing until next mouth; Dr. Beliveau ' Mamded tb° motion and the vete mag omaminous. J mfr Z - 4 i North Andover Slating Club, Inc. -Z- July 14 1973 4 On June A 19731 the Dowd members, the petitioners and etngineers, Hi*mW Survsyor , Killian Cyr and Selectman Guthrie and Coach, wt at the site to view the premises and walk the area. It was noted that so homes in the Marian Drive area could be sees from the site. The Board next not an July 9, 19739 at which all of the saw Board members and the petitioners ware present. Nr. Saimems made a motion to ORM the SE'>ZCIAL PZRMq subject to conditions; Mr. DdFruscio seconded the motion and the vete was unanimous. The conditions are as followst 1. A 300 ft* southbound da•acce10ratioa 1800- 2, A transition iuterseeties pmt of Willow Street. 3. A seuthbousd east turf stomp lase of 300 feet. 4. A northbound west tura storage 1400 of 300 feet. g. slisinste passing lass (LUOQ ft.). 6. Replan Willow Street to 40 ft, layout (540 ft.). 70 Lighting for entire storage ',lame (1200 ft.). 8. Blinker at Hill Street morthheuad end Willow Street southbound. 9. Low profile falmad (aptm'ez. '4• higb)v with "tom Right" and "Stop" signs• all on town pwropwty. 10* Willow Street must be level ,with no, 114 for at least 60 feet from the edge s of Rte. 114. 11, Minor Street most be a paved wrface of at least 32 fte wide with drainst etc, to meet eAsting town regwir0matts and mast be maintained by the Pet iticOw the entrance of the skating facility. 12. Parking is to be as specified an the plan and is to be increased as the seating capacity is increased, is accordance with the ZotinB BT-Law, War Section 9.31, "Ossdition 'for Approval of Special Permit", the Board found that is its judgment all of the following conditions are met: (a) The specific site is w appe'ope'iats location for such a usep structure or condition. (b) The use as-dM0109ed will est mdversely affect the neighborhood. (o)' There will be as misancser Dwims hasard to vehicles or pedestrians since the petitioner mast also get state approval for access to Rte. 114. (d) and appropriate fa0i11tise will be provided for the proper operation of the proposed useo very truly yourst BOA= OF APPU S 1 F s, yM=k 3 wie, Jr., Chairman r. _ .. ♦ • ass �'w TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date July 18 .1973 . . . . . . : . . Petition No.. 17-'73 . Date of Hearing June ur 1973 . Petition of . North ♦ndam.31cating.Club.r. .1=9 . :a Premises affected WJIU r/.Street at.81S Turnpike street aitinderi Referring to the above petition fora� tethe r rements of the North Ammer Zc�i�i.D�-Larr'r 3ec.. 4•.L29.para.. �9). and Sec. 9r iaaz'a. 9.3 z so as to permit the conatrnclioa of. a. UuildUK xhich vial house three, .85. x 1859 ice skating rinks._ After a public hearing given on the above date, the Board of Appeals voted to GRAN the i Special Pesutit and hereby authorize the Building Inspector to issue a f Pmt North Andover Skating Clubr. I=& I� for the construction of the above work, based upon the following conditions: i See attached caeditisos. i Signed Frank Seriot Jr.r Chairs m Arthur R. Drummond, Vice Chairman Dr, Rugens A. .Belivems Clerk William 11. $alesime Louie DiFruscio Board of Appeals AID ;. . . , F' I fdnmm umulth at majosar4ustug :t Essex, ss. Superior Court +ii F'; Iti �a Vincent 3. Landers, Appellant vs North Andover Skating Club, Inc. Frank Serio, Jr. Arthur R. Drummond, William Salemme, Louis Dirruscio and Eugene A. 3eliveau Respondents ti BILL IN EQUITY 5�.. . 04. ' ^ John J. Willis, Esq. a, LYNCH, WILLIS & SCALISE «•' >' ATTORNEYS-AT-LAW ' 154 PLEASANT STREET A NORTH ANDOVER, MASSACHUSETTS 01845 V'011.. i+.l. (617) 685-3551 �� NEW ENGLAND LEGAL SUPPLY.PUBLISHERS.RUTLAND VT.