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HomeMy WebLinkAboutMiscellaneous - 190 ACADEMY ROAD J R 4. t it 5 COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT LAND COURT DEPARTMENT Essex, ss DOCKET NO. /577 c� ©1 (3(3 THE NORTH PARISH OF ) NORTH ANDOVER ) PLAINTIFF ) ) v. ) 4 NORTH ANDOVER HISTORIC ) DISTRICT COMMISSION; ) ) f. ) !,`Ii: DEFENDANTS ) TO: Clerk, Town of North Andover 120 Main Street,North Andover, MA 01845 RE: Property: 190 Academy Road,North Andover, MA-Assessors Map 210/096.0-0072-0000.0 ' Applicant: The North Parish of North Andover Date: Notice of Decision filed with Town Clerk on November 3, 2015 NOTICE OF APPEAL t Notice is hereby given that the above-captioned Plaintiff has appealed the above-referenced decision of the North Andover Historic District Commission. A copy of the Complaint filed in this action is attached. The original pleading in this action can be viewed at the above-captioned Court. Date: November 43, 2015 Received: o North Andover Clerk's Office yZ,Q �+ � cn;xi p :' �# S ►for signature ..c..3 42 t N) l s I x , COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT LAND COURT DEPARTMENT Essex, ss DOCKET NO. THE NORTH PARISH OF ) NORTH ANDOVER ) ) PLAINTIFF ) ) v. ) NORTH ANDOVER HISTORIC ) COMPLAINT DISTRICT COMMISSION ) ) ) DEFENDANT ) INTRODUCTION 1. The plaintiff brings this action pursuant to M.G. L. ch 40C, and Chapter 125 of the North Andover By-Laws, appealing the decision of the North Andover Old Center Historic District Commission, (the "Commission") in denying the plaintiff's application for a certificate of appropriateness for the installation of solar panels on its roof 2. The decision was filed with the North Andover Town Clerk on November 3, 2015. A certified copy of the decision is attached hereto as Exhibit A. PARTIES 3. The plaintiff is The North Parish of North Andover; a non-profit church located at 190 Academy Road,North Andover, MA. t". 4. The defendant North Andover Historic District Commission is a duly appointed commission established pursuant to Chapter 125 of the North Andover By-Laws (Chapter 125), consisting of the following members: George Schruender, 91 Quail Run,North Andover, MA; Leslie Frazier, 24 Cobblestone Circle,North Andover, MA; Michael D. Lenihan, 58 Osgood St.,North Andover, MA; Kathleen Szyska, 201 Osgood St.,North Andover, MA; Martha Larson, 436 Osgood St.,North Andover, MA; Harry Aznoian, 168 Osgood St.,North Andover, MA; Shepard Spear, 45 Edgelawn Ave., #2,North Andover, MA; Roger B. Lawson, 16 Dufton Ct., North Andover, MA and Dave Mermelstein, 41 Chestnut St.,North Andover, MA. BOARD'S DECISION 5. In considering the plaintiff's application, the Commission failed to follow the mandates of M.G.L. ch 40C, and in rendering its decision the Commission failed to follow the mandates of Chapter 125. 6. The alteration proposed by the plaintiff will not affect any exterior architectural feature of the building, and will not be clearly visible from any public way or public land. 7. The Commission's decision does not cite any reasons for its denial of the application. 8. As such, the Commission's decision is in violation of M G.L. ch 40C and Chapter 125, is unreasonable, arbitrary, capricious, and in excess of the Commission's authority, and unsupported by substantial evidence or facts. Accordingly, it should be annulled. } { WHERFORE,the plaintiff respectfully requests this Court: A. Annul the Commission's decision to deny the certificate of appropriateness; B. Order the Commission to issue the plaintiff a certificate of appropriateness; C. Award the plaintiff its costs and reasonable attorney's fees incurred in this action; and D. Order such other and further relief for the plaintiff as is just and equitable. November 23, 2015 Respectfully submitted, The North Parish of North Andover By its attorney cc Andrew A. ej Jr. � One Elm Square Andover, MA 01810 (978)475-2412 BBO No. 069240 acaffrey.caffrey@comcast.net 4 ► CE1VEO TOWN OF TO— P.cF <<, . NORTH ANDOVER 2015 NOV -3 PM 5: 01 t Y'11f l.+_r MASSACHUSETTS K NORTH CH n ETT OLDE CENTER HISTORIC DISTRICT COMMISSION Meeting held October 22, 2015 The commission held a meeting on October 22, 2015 to discuss allowing the use of solar panels on the North Church at 190 Academy Road. After a long discussion the board voted not to allow solar panels on the church at this time. The motion was made by Kathleen Szyska and second by Shepard Spears to allow the Solar Panel. The motion was defeated unanimously by the board. GEORGE H.SCHRUENDER,CHAIRMAN large �TQ C fi<< TOWN OF , .. EPd'S 2015 NOV -3 PM 5: 0 I NORTH ANDOVER 10'x' it MASSACHUSETTS MASSACH T US S OLDE CENTER HISTORIC DISTRICT COMMISSION Meeting held October 22, 2015 The commission held a meeting on October 22, 2015 to discuss allowing the use of solar panels on the North Church at 190 Academy Road. After a long discussion the board voted not to allow solar panels on the church at this time. The motion was made by Kathleen Szyska and second by Shepard Spears to allow the Solar Panel. The motion was defeated unanimously by the board. GEORGE H. SCHRUENDER, CHAIRMAN NORTH ANDOVER OLDE CENTER HISTORIC DISTRICT COMMISSION Certificate of Appropriateness This certificate of Appropriateness is issued this First day of May 2014 to North Parish Church for 190 Academy Road in accordance with Chapter 40C of the g General Laws of the Commonwealth of Massachusetts as amended and the by-laws of the North Andover Olde Center Historic District Commission. This will allow for a new sign at the North Church with THE PROOF APPROVED BY THE COMMISSION AATHIS ME T G , //- 4../ , eorge . Sch � - ■ er, Jr. Chairman t ... 2 L___/ 4 .f/, Kat een Szy•ii'r' Robert t Stevens 1. Martha Larson f Leslie Frazier - Harry Aznoian Richard gap 1 y D. fed /' ' or 1 son IF NORTH ANDOVER OLDE CENTER HISTORIC DISTRICT COMMISSION Certificate of Appropriateness This certificate of Appropriateness is issued this Thirty First day of January 2014 to North Parish Church for 190 Academy Road in accordance with Chapter 40C of the General Laws of the Commonwealth of Massachusetts as amended and the by-laws of the North Andover Olde Center Historic District Commission. This will allow for new Elevator and rebuild the classrooms at the church with THE PLANS APPROVED BY THE COMM ON AT THIS MEETING. George H. Schruender r .it n Ar Kathleen - a Robe Stevens Martha Larson Leslie Fraistr Harry Aznoian • lard ' . G►a OrA■P ►.ay.d Mermelste.0=' ‘ger awso