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Home My WebLink AboutCorrespondence - 1077 OSGOOD STREET 12/27/2007 CAFFREY & SMITH, P.O. Bnx 1317 Thomea F. Cafffvy 300 Essex Street, Lawrence, MA 01842 Matthew A. CaNrvV 19781 686.6151 Thomas P. Smith Fox(97&.683-3399 B•M,A 7C4FFREYCACAFFREY5M1 rH.C0M Fax Corer Sheet Statement of confidenttaliity THE INFORMATION CONTAINED IN THIS E�TIAL aR PRIVINTENDED EGEi7 rNFORMATIONSI FEYOU ARE NOE ADDRESSEE AND MAY CONTAIN CONF D THE INTENDED UN C S ATION RECIPIENT, NOTIFIED DISSEMINATION STRICTLY PROHIBITED, F ITED, THIS FAX WAS SENT TO YOU IN COMMUNICATION bMM IN ERROR, PLEASE NOTIFY US BY PHONE IMMEDIATELY. Date: December 27, 2007 To: Name: Mary Ippolito From: Thomas F. Caffrey, Esq, Company: North Andover Planning Board Fax Number: 1 (978) 688-9542 Business Telephone: i 1 Message: In re: Decision issued July 17, 2007 - Angus Realty Corporation, Petitioner, Site Plan ano Watershed Special Permits for 1077 Osgood Street, Map 35, Lot`-27, Ms. Ippolito: As disCUSSed recently, we represent Angus Realty Corporation in connection with the above-referenced Planning Board decision. As you may know, Frank J. Ragonese, an abutter to the property, has filed an appeal of the Planning Board decision in the Superior Court. By agreement, Angus Realty Corporation and Mr_ Ragonese will settle that case through a modification of the above-noted decision. We agree to delete the first two sentences of Special Condition 4 tat page 4) . before the requested deletion, Special Condition 4 reads as follows: 4) The site as anent Condition trailers. is permitted a maximum additional permanent of two perms storage of trailers will be allowed on site. Temporary storage trailers maybe allowed for up to two-weeks during holidays and busy periods of operation. This condition is subject to future zoning amendments pertaining to the outside storage of products/goods and the use trailers for this purpose. This decision shall be in compliance with the most current Zoning and General Bylaws for the Town. After the requested deletion, Special Condition 4 would read: 4) On the site described in Condition 1000 temporary storage trailers maybe allowed for up to two-weeks during holidays and busy periods of operation. This condition is subject to future zoning amendments pertaining to the outside storage of products/goods and the use trailers for this purpose. This decision shall be in compliance with the most current Zoning and General Bylaws for the Town. We believe this suggested Modification will satisfy Mr. Ragonese but we have been unable to reach his attorney during this holiday week. We are sending a total of-- 2 -• pages, including this cover sheet. please Call us at (978) 686-6151 if you experience any problems. -2- Post-it® Fax Note 7671 Date �Z7 pages► C!} To , � From Co./Dept. Co. Phone# Phone# 6 -Y,S3S Fax 97? -6 !73 2 3 Fax# PUBLIC HEARING NOTICE NORTH ANDOVER PLANNING BOARD In accordance with the provisions of M.G.L. Chapter 40-A, Section 11, the North Andover Planning Board will hold a public hearing as follows: Purpose of Public Hearing: Modification of a Site Plan Review Special Permit decision under Section 8.3 & 10.3 and a Watershed Special Permit decision under Section 4.136 of the North Andover Zoning Bylaw to modify the wording in same decisions issued on July 17, 2007. Property is located within the G-B zoning district. Applicant/Petitioner: Angus Realty Corporation 1077 Osgood Street North Andover, MA 01845 Address of Premises Affected 1077 Osgood Street (Butcher Boy) Assessors Map and Lot: Map 35 Lot 27 Public Hearing Date & Time Tuesday, January 15, 2008 @ 7:00 pm. Location of Public Hearing Town Hall, 120 Main Street, 2nd floor conference room. Information Available A copy of the plan and application is on file in the Planning Board office at 1600 Osgood St., North Andover, MA, and may be inspected Monday through Friday 8:30 a.m. to 4:30 p.m. Any person interested or wishing to be heard on the proposed plan should appear at the time and place designated above. Richard Nardella, Chairman North Andover Planning Board Publish: Eagle Tribune — December 29, 2007 and January 1, 2008. ff, RECCE. ED ALEXANDER&FEK NCf vv v l ATrOWaYS AT LAW IJ r,C r l_PAR 1VIE 7 q & QNSKroMS1RMT PD J-, ,,W,1 7 alextutdeelemiruf�eerlklls+knM - LBgNARD F.UM= TPtEPHON6 t9'B)921-1m u THOtus .ALSXANM r'AX(976)921�055C1 JWtDA.PAWSLLt Docember 27,2007 VIA FACSIMILE ' 978-683-3399 Matthew A.Caffrey,Esquire Caffrey&Smith,P.C. 300 Essex Sued Lawrence,MA 01840 RE, >> cher Soy CA No,07-14621). Dear Mr,Caffrey: Regarding your recent correspondence regarding die Su:rerior Court soon, I am certain that the only proposal that Mr.Ragonese will consider is the$limination of all reference to trailers in the planning board's decision. Any reference to temporary trailers will not be acceptable. As you know,the Petition before the Planning Board,as well as the public hearings dealt with parking issues only. When the decision was writtcr>, the trailers were added,out of nowhere, If you propose to amend, eliminating any reference to trailers,I expect that Nft, Ragonese will be satisfied. Please call with your comments. Ve truly yours, Leon d F.Femino LFFIS$w Cc: Prank Ragonese goo/zoom essv Y26 ec6 xea goat nxs LOW Lust SOL P. /Q. 1317 !T/ufiNrui../d �s/p1jrr� 300 1•'342 c� �7 r 978.686.6151 /�o,nan Jinlfh -?u.• 978-653.3399 q c'.Y�Iuq%.f��MCAFFREY(DCAFFRE1ySMITH.COM W -4 ofx.v4,niff��in // 4: CAFFREYSOTH.COM December 31, 2007 BY FACSIMILE ONLY Leonardo F. Femino, Esq. Alexander & Femino One School Street Beverly, MA 01915 Re: Ragonese v. Albert P. Manzi, et al . Land Court, Case No. 06 MISC 328227 Dear Len: Thanks for vour letter. Provided your client agrees to withdraw the Complaint he filed in Superior Court, and waive any further objection with the Planning Board, my client is willing to live without the reference to trailers in the Planning Board decisions . That said, I want to make clear that my client intends to have, from time to time, temporary trailers during busy holiday periods, of course, thoso trailer$ will be removed at the end of each period, as per the requirement of the Land Court . Please confirm that we have a deal, and I will make the necessary calls to make that change. Very truly yours, Matthew A. Caffrey Cc : Client cctlirev zorrcccs cc retL- rP ��ii n/� YV/ 0 84 300 (� jex JLreel,—caurence, a ��ccLL�ictu cc��e� 978-686-6 15> _Jfiur rzccs Jmi��i .}a. 978-683-3399 aLao ccc�iniLLec�in l'l Jd. February 1 , 2008 Civil Clerk Essex Superior Court 43 Appleton Way Lawrence, MA 01840 Re : Ragonese v. Richard A. Nardella, et al . Essex Superior Court Docket No . 07-1462B Dear Sir or Madam: Enclosed herewith pleased find for filing in the above- referenced matter: 1 . STIPULATION OF DISMISSAL. Kindly acknowledge receipt of same by stamping the enclosed copy of this letter, and returning it to me in the provided self- addressed, prepaid envelope . Thank you very much for your assistance . Very truly yours, Matthew A. Caffrey MAC :jl Enclosure cc : All counsel of record (w/encl . ) COMMONWEALTH OF MASSACHUSETTS ESSEX, SS . SUPERIOR COURT DOCKET NO. 07-14629 FRANK J. RAGONESE, ) Plaintiff ) ) V. ) RICHARD A. NARDELLA, ALBERTO ANGLES , JR. , ) JOHN SIMMONS, JENNIFER BORAX-KUSEK, AND ) RICHARD S . ROWEN, as they are members of j the North Andover Planning Board, ) and BUTCHER BOY MEAT MARKET, INC . and ANGUS ) REALTY TRUST, ) Defendants ) STIPULATION OF DISMISSAL Now come the parties and, pursuant to Rule 41 (a) (1) (ii) of the Massachusetts Rules of Civil Procedure, hereby stipulate that this matter may be dismissed with prejudice, including all claims, counterclaims, cross-claims , and third-party claims that have been asserted, or may have been asserted, without costs to any party. PLAINTIFF FRANK J. RAGONESE, By his attorney, Leonard F . Femino, Esq. Alexander & Femino One School Street Beverly, MA 01915 DEFENDANTS ANGUS REALTY CORPORATION AND BUTCHER BOY MEAT MARKET, INC. , By their attorney, r Matthew A. Ca frey (BBO #558901) CAFFREY & SMITH, P . C . 300 Essex Street Lawrence, MA 01840 (978) 686-6151 DEFENDANT THE PLANNING BOARD OF THE TOWN OF NORTH ANDOVER, By its attorney, Thomas Urbelis, Esq. Urbelis & Fieldsteel LLP 155 Federal Street Boston, MA 02110 Date : February 1, 2008 2 - IV URBELIS&FIELDSTEEL,LLP 2008 155 FEDERAL STREET VI- BOSTON,MASSACHUSETTS 02110-1727 V)i..TIAMWE[4 F THOMAS J.I JRBETAS Telephone 617-338-2200 Andover e-mail tiu(a�tif-law.corn Telecopier 617-338-0122 Telephone 978-475-4552 February 4, 2008 North Andover Planning Board Town of North Andover ...........-- 1600 Osgood Street North Andover, MA' 01845 RE: RAGONESEv.RICHARD A.NARDELLA,ET AL. ESSEX SUPERIOR COURT,DOCKETNo. 07-1462B, Dear Members: Enclosed please find a copy of Attorney Matthew Caffrey's letter dated February 1, 2008, along with the referenced enclosure Very truly yours, 7 Thomas J. Urbelis TJU:kmp Enclosure cc: Board of Selectmen (w/enc) Mark Rees (w/enc) sAwp5 I\xvork\n-andove\corresp\planniiig board-ragonese.doc C,attreV 4�9-J`nith, P. C,. n✓�wmue ql are P 0. On�ox 1317nnn /4/aff�ie�u�tn. eY* 300 6ziex Street,.Civarence, j.01842 .Jl.'P S.im 978-686-6151 J. 978-683-3399 // q� /, YY�agt��MCAFFREY @CAFFREYSMITH.COM io"nilfed in //.hl. VVeLle: CAFFREYSMITH.COM February 13, 2008 VIA FIRST-CLASS MAIL Mr. Alan Yameen Angus Realty Corporation 1077 Osgood Street North Andover, Massachusetts 01845 Re: Petition of Angus Realtv Corporation . Dear Al : Enclosed please find a copy of the Notice of Decision which was recorded at the Registry of Deeds . Please feel free to contact me if you have any questions or concerns . Very truly yours, Matthew A. Caffrey MAC: jl Enclosure FROM <WE6? 7 9 2009 70:OS/ST. 70:05/No.79BO1BS33a r m 077 Osgood Street No.Andover,MA 01845 IC (Phone) 978-6884511- (Faxy 978-685-5640 r North Andover'Planning Board Meeting bate: . ' June 24, 2009 Agenda#: , . Judy Tymon Town Planner. Town of North Andover c� f° %y Dear Judy: I/�I e . AL ,.• , . ,l We pre*requesting an extension of time ' regards to a site:plan y:sj eVial:permit and watershed special permit to construct a sixty(b0) space Marking lot•as approved i y the Town of North_Andover Planning. 1390d oti:July 17, 2007. :Our original intent was to use the additional : :.'paring for plaza tenant employees only,thereby allotting more parking . ? 'spates-inAie-existing parking-area:for plaza'customers. We have, delayed the start of the project and.are requesting the extension due-to the economic recession and the loss of a longtime tenant. The tenant (hair salon/spa)*had a large daily customer base. aSinc ely, William 7. Yameen President