HomeMy WebLinkAboutAgreement for Judgement (2) COMMONWEALTH OF MASSACHUSETTS
LAND COURT
ESSEX, ss . No. 128-931
BENJAMIN C. OSGOOD and ) '
HARRIET G. OSGOOD, TRUSTEES )
OF ABBOTT STREET TRUST, ) "�•
Plaintiffs )
V.
_ Ian �J
PAUL HEDSTROM, ERIC W.
NITZSCHE, JOHN L. SIMONS, ) �;
I. GEORGE PERNA and MICHAEL ) `�
i; LEARY, as they are the )
TOWN OF NORTH ANDOVER )
PLANNING BOARD, )
Defendants )
AGREEMENT FOR JUDGMENT
' Now come the parties to the above-entitled action
and agree that judgment shall enter in accordance with
i
this agreement for judgment.
I� Whereas, the parties desire to compromise and
settle the claims between them; and
Whereas, the plaintiffs applied for special permits
pursuant to §2 . 30 . 1 of the Zoning By-law for lots 6 and
7, Nutmeg Lane and for lots 38 and 44, Thistle Road, in
the Abbott Village Estates subdivision; and
Whereas, the plaintiffs have agreed to eliminate
lot 38;and
Whereas , the Planning Board has now accepted and
approved a modified subdivision plan for Abbott Village
Estates which is acceptable to the plaintiffs; and
Whereas, the Planning Board now agrees that the
common driveway application for lots 6 and 7, Nutmeg
Lane meets the requirements for the issuance of a
special permit under the North Andover Zoning By-law;
Now, therefore, the parties agree that judgment
shall enter requiring the Planning Board to advertise a
public _ hearing for the recondsideration of the common
driveway application for lots 6 and 7, Nutmeg Lane, to
hold a hearing in accordance with such advertisement and
to consider and approve such application in accordance
with. this Agreement for Judgment and the Order of Remand
filed by the Court in connection with this Agreement for
Judgment.
PAUL HEDSTROM, ET ALS . AS BENJAMIN C. OSGOOD and
THEY ARE THE TOWN OF NORTH HARRIET G. OSGOOD, TRUSTEES
ANDOVER PLANNING BOARD, OF ABBOTT STREET TRUST,
By their attorney, By their attorneys,
'/1. ►�il�,
.Joel B. Bard Ju ian J. D gostine
Kapelman & Paige Howard P . 9peicher
77 Franklin Street Davis, Malm & D'Agostine
Boston, MA 02110 One Boston Place
( 617 ) 451 -0750 Boston, MA 02108
( 617 ) 367-2500
Dated: December/3 , 1989
CERTIFICATE OF SERVICE
I hereby certify that I have served the within
document by mailing copies thereof on this day of
December, 1989 to all counsel of recor
Howard P . p6 ' er