HomeMy WebLinkAboutMPG REALTY CORP (2) Town of North Andoverf NORTN
OFFICE OF c
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COMMUNITY DEVELOPMENT AND SERVICES A
27 Charles Street
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North Andover,Massachusetts 01845 �9°°"ATE°
WILLIAM J. SCOTT SSAC14U
Director
(978)688-9531 Fax(978)688-9542
NOTICE OF DECISION
Any appeal shalt be filedo 0
Within(20)days after the �a 6=
Date of filing this Notice '�' =a Co n
In the Office of the Town Cr D'C") --
Clerk .0 a
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Date:August 16,2000 W
Date of Hearing:August 15,2000
Petition of: Mesiti-Moore's Falls LLC
231 Sutton Street#2,North Andover,MA 01845
Premises affected: Located on the northerly We of Dale Street
Referring to the above petition for a modification of definitive subdivision in accordance
with the provisions of Chapter 41,Section 81U of the Massachuseft General Laws
So as to allow: The modification to a definitive subdivision entitled Berrington Place
which depicts a modification from a Subdivision containing seven
buildable lots and one unbuiklable lot to a sabd"ion containing
three buildable lots and one unbuihdable lot.
Atter a public hearing given on the above date,the Planning Board voted to APPROVE the
modification to a definitive subdivision,based upon the following conditions:
Signed. m zzmov/��_
Aliavrn Les�rheau,C�irmaa►
CC: Applicant
Engineer
d�ano�Chairmen
A ft trr ANS.Clerk
R,khard N
HWELdRom
Widdiam�Cunningham
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Berrington Place
NOTICE OF DECISION
August 16, 2000
Mesiti Development Corporation
231 Sutton Street
North Andover, MA 01845
Dear Mr. Mesiti:
Please be advised that at their regularly scheduled meeting of August 15, 2000 the North
Andover Planning Board voted to APPROVE your application for a modification to a
definitive subdivision plan, plan entitled "Berrington Place" drawn by Erik D. Heyland,
P.E., dated March 21, 1999,revised 6/14/00,revised 6/28/00.
The plan depicts a modification from a seven lot subdivision with one unbuildable`lot to
a three lot subdivision with one unbuildable lot. This modification was approved with
the following conditions:
1. One certified copy of the recorded decision and endorsed plans must be filed with,
the Essex North Registry of Deeds and delivered to the Planning Department prior to
Form U verification for any of the house lots depicted on these plans Included as a part
of this decision are the following plans and reports:
4
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1
a) Plans Titled: Berrington Place,North Andover,MA
Prepared By: Erik D. Heyland,P.E.
196 Central Street
Saugus,MA 01906
Prepared For: MPG Realty Corporation
231 Sutton Street, Suite 2F
North Andover,MA 01845
Plans Dated: 3/21/200,revised 6/14/00,revised 6/28/00
Sheets: Sheets 1 of 4
2. The applicant shall provide revised plans to the Town Planner and VHB that
depict the comments listed in VHB's memorandum dated 6/1/00,revised 7/18/00 denoted
as Section III.A-C. These plans need an approval from both the Town Planner and
VHB.
3. In no instance shall approval of this modification be construed to replace any of
the conditions set forth in the originally approved Berrington Estates Subdivision Plan,
decision filed with the Town Clerk on April 22, 1998, than for what is expressly stated
in this conditional approval. All conditions in the decision fled with the Town
Clerk on April 22, 1998 are still valid and this modification will not replace that
decision other than the approval is now for three lots and one unbuildable lot
instead of seven lots and one unbuildable lot.
4. The conditions of the watershed special permit for the property known as
Berrington Place/Dale Street are still in effect and will remain unchanged.
Sincerely,
Allison Lescarbeau
Chairperson,North Andover Planning Board
cc: Department of Public Works
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MARIA E.DOWD, )
plaintiff }
STIPULATION OF DISMISSAL
VS. }
MPG REALTY CORPORATION )
AND THE TOWN OF
NORTIi ANDOVER,ET AL, }
Defendant )
NOW COMES the PlaintifrMaria Dowd and rooves this Honorable Court to dismiss this
r matter with prejudice as this 1dayo0uly, 1999.
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Dated: July/,3, 1999
Maria E.Dowd
CERTIFICATE OF SERVICE
I have on flus dil- nalltd a copy of said dismissal to MPG RCa1ty Com,oration and tnc
Town of\oL-di Ando-,--_r.
Maria E. Dowd
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4 9 LAND COURT DEPARTMENT
OF THE TRAIL COURT
CIVIL ACTION NO:
MARIA E. DOWD
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Plaintiff ) =xrssC">
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V. ) _
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MPG REALTY CORPORATION, j
THE TOWN OF NORTH ANDOVER, and )
RICHARD S. ROWEN, ) APPEAL
ALISON LESCARBEAU, ) PUSUANT TO
JOHN SIMONS, ) M.G.L. c. 40A SS17
RICHARD NARDELLA, )
JOSEPH V. MAHONEY, )
as they are members of the )
SPECIAL PERMIT GRANTING AUTHORITY )
[PLANNING BOARD] )
FOR THE TOWN OF )
NORTH ANDOVER, MASSACHUSETTS )
Defendants )
1. INTRODUCTION
1. This is an appeal from a decision of the Special Permit Granting Authority
[Planning Board] (hereinafter'SPGA')for the Town of North Andover,filed with the
Town Clerk on April 21, 1999,refusing to consider the lack of evidence of'specific and
s material changes in the conditions upon which the previous unfavorable action was
based', to support approval of a Special Permit-Repetitive Petition. The decision is
attached hereto as Exhibit W.
II. JURISDICTION
2. Jurisdiction in this matter is specifically conferred upon this court by
M.G.L. c. 40A 5817
R
III. PARTIES
3. The Plaintiff, Maria E. Dowd, is a citizen of the Town of North Andover,
Massachusetts with a principal residence at 128 Dale Street in said Town.
4. The Defendant, MPG Realty Corporation, is a New Hampshire corporation with a
principal office at 14 Woodvue Road, Windham,New Hampshire, doing business as a
foreign corporation in the Commonwealth of Massachusetts with local offices at 11 Old
Boston Road, Tewksbury, Massachusetts.
5. The Defendant, The Town of North Andover, is a municipal corporation with
offices at 120 Main Street in North Andover, Massachusetts.
6. The Defendant, Richard S. Rowen, is an individual residing in North Andover,
Massachusetts. Richard S. Rowen is named in his capacity as a member of the'SPGA' of
the Town of North Andover, Massachusetts.
7. The Defendant, Alison Lescarbeau, is an individual residing in North Andover,
Massachusetts. Alison Lescarbeau is named in her capacity as a member of the'SPGA'of
the Town of North Andover, Massachusetts.
8. The Defendant, John Simons, is an individual residing in North Andover,
Massachusetts. John Simons is named in his capacity as a member of the 'SPGA' of the
Town of North Andover, Massachusetts,
9, The Defendant, Richard Nardella, is an individual residing in North Andover,
Massachusetts. Richard Nardella is named in his capacity as a member of the 'SPGA' of
the Town of North Andover, Massachusetts.
10. The Defendant, Joseph V. Mahoney,is an individual residing in North Andover,
Massachusetts. Joseph V. Mahoney is named in his capacity as a member of the'SPGA'
of the Town of North Andover, Massachusetts.
IV. STATEMENT OF FACTS
i
ho i
11. On Marc , 1998, Elmer A. Pease II of PD Associates, m his capacity as a
representative of MPG Realty Corporation, submitted a letter of response to the Town
Planner, Kathleen Bradley Colwell. In this letter Mr. Pease indicates that there are items
that he has addressed in regards to the Dale Street Definitive Subdivision -
Map 37B/Lot #1, pursuant to comments made by various board members, the town
review engineer, planning department and the DPW. Mr. Pease labels information still
outstanding, as having been 'submitted', and required changes to the drawings, as having
been 'completed'. Attached hereto as Exhibit W.
C
12. On Tuesday, April 7, 1998,in a regular meeting held by the Town of North
Andover Planning Board; on a motion by Richard Nardella, seconded by Alison
Lescarbeau, the Planning Board voted unanimously to close the public hearing regarding
Berrington Estates -definitive subdivision as evident by the meeting minutes. Attached
hereto as Exhibit 'C'.
13. On Tuesday, April 14, 1998, in a regular meeting held by the Town of North
Andover Zoning Board of Appeals, the Zoning Board of Appeals voted unanimously to
deny the request of MPG Realty Corporation for a Variance to build a roadway with all
required details within the 75' conservation zone, R-1 Zoning District. The decision is
attached hereto as Exhibit D'. Section 10.4 of the Town of North Andover Zoning By-
laws is attached hereto as Exhibit 'E'.
14. On Tuesday, April 21, 1998, in a regular meeting held by the town of North
Andover Planning Board, representatives of MPG Realty Corporation were allowed to
address the Planning Board in regards to the Berrington Estates -definitive subdivision,
two weeks after the public hearing was closed. At this time, MPG Realty Corporation
convinced the Planning Board that the Zoning Board of Appeals was confused when they
voted unanimously to deny the request of MPG Realty Corporation for a variance.
15. On March 30, 1999, The Chairman of the North Andover Planning Board,
Richard Rowen, wrote a letter to Raymond Vivenzio, acting Chairman of the Zoning
Board of Appeals at the time the Zoning Board of Appeals voted to deny the request of
MPG Realty Corporation for a variance. This letter requests clarification on the reason(s)
that the Zoning Board of Appeals denied the request of MPG Realty Corporation for a
variance. The Planning Board, through information provided by MPG Realty
Corporation, thought that the Zoning Board of Appeals believed they were actually
voting on another issue, and not the issue they actually_denied. The letter is attached
hereto as Exhibit 'F'.
16. In his return correspondence, Raymond Vivenzio stated that the Zoning Board of
Appeals denied the request of MPG Realty Corporation for the reasons stated in their
decision. The letter is attached hereto as Exhibit'G.
17. On April 21,1999, A decision was filed with the Town Clerk of the Town of
North Andover stating that the'SPGA' voted to approve the Special Permit- Repetitive
Petition because the 'SPGA' found that the applicant, MPG Realty Corporation, submitted
specific and material changes to their application.
V. GROUNDS FOR APPEAL
18. The 'SPGR', in voting to approve the above mentioned Special Permit -Repetitive
Petition, overlooked, not only the sequence of events, but also the fact that all items listed
in their decision are not'specific and material changes in the conditions upon which the
previous unfavorable action was based'.
19. The Planning Board for the Town of North Andover, in working with the
applicant, MPG Realty Corporation, required said corporation to meet all the
requirements of various boards and departments of the Town of North Andover in order
to receive approval for the Berrington Estates -definitive subdivision. The Planning
Board and MPG Realty Corporation were satisfied that these criteria had been met and on
April 7, 1998, the Planning Board voted to close the public hearing regarding the
Berrington Estates - definitive subdivision. The fact that the North Andover Planning
Department and the North Andover Planning Board work closely with applicants to help
them put in place all required information in order to gain Planning Board approval,
proves that the Planning Boards action in closing the public hearing was acceptance of all
the required changes as listed in Elmer Pease letter of March 4, 1998, to the Town
Planner, Kathleen Bradley Colwell. The applicant, MPG Realty Corporation, failed to
meet their responsibility to present the Zoning Board of Appeals with all up to date
information.
20. The reasons stated by the 'SPGA' in their Notice of Decision filed with the Town
Clerk on April 21, 1999 for approval of the Special Permit-Repetitive Petition (see
Exhibit 'A') are not 'specific and material changes in the conditions upon which the
previous unfavorable action was based' as shown in the following statements of fact
which correspond to their respective numbers listed in the decision portion of the above
mentioned Notice of Decision.
1. The submittal of more specific information on soil conditions does not
constitute a specific or material change but instead reiterates the existence
of wetlands.
2. Raymond Vivenzio's letter of response to Richard Rowen's letter of March
30, 1999 (see Exhibit 'G') states that the lack of a definitive subdivision
was not the rationale for denial of the variance.
3. Impact on the watershed was not, directly or indirectly, referenced or
given as reason for denial.
a. Catch basin 3A is located outside the 75'conservation zone and
therefore was not reviewed by the Zoning Board of Appeals.
b. The existence of sidewalks in the conservation zone was not,
directly or indirectly, referenced or given as reason for denial.
C. The leaching pits are located outside the 75'conservation zone and
therefore were not reviewed by the Zoning Board of Appeals.
d. The lawn areas are located outside the 75'conservation zone and
therefore were not reviewed by the Zoning Board of Appeals.
e. Location of the detention basin was not, directly or indirectly,
referenced or given as a reason for denial.
f. The lack of a permanent boundary delineating the 75'buffer
(conservation) zone was not,directly or indirectly, referenced or
given as a reason for denial.
g. The lack of resetting of the stone wall at the entrance was not,
directly or indirectly, referenced or given as a reason for denial.
VI. REQUEST FOR RELIEF
WHEREFORE, the Plaintiff requests that this court,
1. Enter judgement for the Plaintiff Maria E. Dowd and annul the decision of the
'SPGA' (Planning Board)of the Town of North Andover.
Plaintiff
MARIA E. DOWD
by her representative
Timoth Ippol t
128 Dale Street
North Andover, MA 01845
(978) 683-7641
I�
Town of North Andover , „ORT,,
OFFICE OF 01 •.rya
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COlYiMUMTY DEVELOPMENT AND SERVICES
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30 School Street =r
mi-AM f.SCOTT North Andover, Massachusetts 01345 �,. ,,•`tg
Director 1 J'►t„us-4
NOTICE OF DECISION
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Any appeal shall be filled
within (20) days after the
date of filling this Notice
in the Office of the Town
Clerk.
Date_April. 21, 1999
Date of Hearing MArch 16, 1999 & April 6, 1999
Petition of MPG Realty corn. April 20, 1999
Premises affected Lot 1 -Dale street
Referring to the above petition for a special permit from the
requirements of the North Andover Ton i ng Bylaw Se -t-i on_1() R
So aS to allow to determine whether there are specific and material changes in the
application for a Variance to allow a repetitive petition within a two Year prohibition
After a public hearing given on the above date, the Planning Board
voted to APPROVE the SPECIAL PERMIT REPETITIVE PETITION
based upon the following conditions:
Signed 7 X
CC: Director of Public Works Richard S.Rowen Chairman
Building Inspector
Natural Resource/Land Use Planner Alison Lescarbeau. V. Chairman
Health Sanitarian
Assessors John Simons. Clerk
Police Chief
Fire ChiefNa'rdell
Ric'-lard � a
Applicant
Engineer Joseph V. Mahonev
Towns Outside Consultant
File Planning board
Interested Parties V
CONSERVATION-(9;Y)643 9'_34 !!L'.1LTli -(');a)i>{4-99d0 YL.wN1vt;•t9;$)643-9'3s
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OFFICE -(')%4)ri 14-'cc *�t)NI•"a; li[):\RI)t:l .\1'1':'.:1i_ -t) 31•a:S-:%`_al *14
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T PMIDrT 'A' COISVOtW
Lot 1 Dale Street—Repetitive Petition
The Planning Board herein consents to allow theetitioner
P as set
forth below
to re-
. Appeals. The petitioner is pehtton the Zoning Board of
P MPG Realty Corporation 11 Old$ r
was sub on Road,Tewksbury,MA 01876. The petition
submitted on on
March 12, 1999. P�
The Planning Board makes the following findings as required by MGL ch.40A Sec. 16 and North Andover Zoning
By-Law Section 10.8:
FINDINGS OF FACT:
1. On March 18, 1998,MPG Realty Corporation filed a petition with the North Andover Board of A
variance from the requirements of Section 4. 136.2 PP�is for a
(b)and(f)and 4.136.3(d)to construct a roadway with all
required details within the 75'conservation zone.
2. On April 15, 1998 the North Andover Board of Appeals voted to deny the petition because the applicant had not
met the requirements necessary for a Variance such as unique conditions of soils,slopes, and hardship.
3. On April 21, 1998 the North Andover Planning Board voted to approve the Berrington Estates subdivision
located at Lot I Dale Street.
4. On March 16, 1999, the North Andover Planning Board endorsed the approved subdivision plans.
5. The applicant submitted specific and material changes to their application indicating where their proposal meets
the requirements of the denial by the Zoning Board,soils slopes and hardship. Through their new application
submittal they have provided information that addresses a more complete response to the criteria set forth for a
variance.
Decision:
The Planning Board has determined that specific and material changes have occurred in the conditions upon which
the unfavorable decision was based, such as the following:
I. The submittal of additional and more specific information indicates that the circumstances are related to the
reasons for the denial by the Zoning Board which is the lack of evidence that there are conditions of soils that
are unique to the lot and create hardship.
2. The subdivision plan has been approved and endorsed by the North Andover Planning Board setting forth the
roadway for which the variance is requested. `
3. The subdivision plan includes changes that will lessen the impacts on the watershed and therefore reduce
impacts. These changes relating tom protection of the watershed are indicated in a letter from PD Associates,
LLC Auburn N.H. dated March 4, 1998,as follows;
a. Catch basin 3A is moved outside the driveway.
b. Removal of sidewalks.
C. Moved leaching pits outside the 150-foot zone.
d. Lawns will be outside the 100-foot zone.
e. Dentition basin will be outside the 75-foot zone.
f A permanent boundary is added to delineate the 75-foot buffer zone.
g. The stonewall at the entrance is reset.
The Board votes to hereby recommend for allowing the applicant to reapply to the Zoning Board for the Variance.
Lot I Dale Street—Repetitive Petition
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EX of r 1
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PD associates, LLC
Rea!Estate Consultants Telephone#:(603)"1_8200
704 Londonderry nrnpike, Auburn, NH 03032 Faesiniilc#:(603)641-8882
March 4, 1998
Noah Andover Planning Board
30 School Street
North Andover.MA 01845
Atm. Kathleen Bradley Colwell
I RE: Dale Street Definitive Subdivision-Map 37B/Lot#1
1 Dear Kathleen;
I� Pursuant to your request and the comments made by the various board members.town review engineer,
planning department and the DPW, please accept this letter as the applicants response l have prepared
this letter in much the same way as the letter l submitted with the application.
Engineering Comments: Sheet #or other
1. Names of Owneri 1-Cover Sheet
2. Ownership of 86 sf piece along Dale St. 2A
3. Show existing grades on profile at 25' offsets 48&4C
4. Permanent Benchmark(Rim Elcv-Dale St. SMI-!) 4B
5, Reserve Strip-remains Unchanged
6. DPW Stred Trus Next Section
7. Lot Line recarr6gwation per fax to John of 2-20-98 2A
8. Water facilities Next Section
9. Sewer Facilities Next Section
10: CB-3A to be moved outside drive 3A
DPW Comments:
1. Tapping Sleeve dt Valve notation 3B
2. Eliminate sewer drops into SMH's 4B
3. Insert symbols at PC's dt PT's 2A
4. Remove Sidewalks 3A dt 3B
Planning Comments: 2-20-98 ineding i Issues letter
1. Defined the parameters of what the applicant is looking for Completed
s 2. Areas within the Non-Discharge Zone by Special Permit Submitted
3. Non-Disturbance Zone by Special Permit Submitted
4, Conservation Zone-Submit to ZBA Submitted
5. WPI dt AIM letters on Watershed Submitted-Impact Study
6, A. Recommendations-leaching pits move outside 150' Completed 3A
7. B. Lawns outside 100' Completed 3 A
S. C. Detention Basins-all outside 75' Completed 3A
9 Zoning Board of Appeals clarification meeting Submitted new App.
10 Site Walk w/Planning Board Completed
Planning Comments at the 2-20-48 meeting
1. Change note to reflect 250'-400'Watershed Buffer limits Sheet l-Cover Sheet
2. Drainage under 136.13 ii under SP Submitted
3 Worland Lines-Through RDA process Approval through NOl process
creno-Not in FEMA Floodplain,maps See attached sheet
4
Floodplain ref
p
5. Roadway width of 227 request to 24,w/removal of sidewalks By Applicant
6 Remove sidewalks GoMleted Ref 4C
7. All changes to be completed prior to Plan Endorsement Condition of Approval
8. Sprinklers-ice all houses Sheet 1-Cover Sheet
9 r, ,:p .t ound move 4A
eset
W
1 think I have addressed all the issues presented and would be happy to answer any questions you tray
have. 1 really appreciate the assistance in getting the information prepared for the Zoning Board of Appeals
and setting up the tnecting on the 250'of February.
Respectfully submitted,
A0J
Elmer A.Pease,II CPM,EA
Owners Representative
Cc: Erik Hcyland
Ken Grandstaff
M.ichacl Gerstein
s
Planning Board Meeting
DPW Conference Room
April 7, 1998
Members Present:
Richard S. Rowen, Chainmen, Joseph V. Mahoney, Alberto Angles, Associate Member and Richard
Nardella were present. Alison Lescarbeau, Vice Chairman arrived at 6:40 p.m., and John Simons,
Clerk, arrived at 7:23 p.m..Kathleen Bradley Colwell, Town Planner was also present.
Executive Session:
On a motion by Mr. Mahoney, seconded by Mr. Angles,the Board agreed to convene into Executive
Session for the purpose of discussing Rennie v. Planning Board. The vote took place at 6:30 p.m.
Roll call vote:
Mr. Mahoney yes
Mr. Angles yes
Mr. Rowen yes
Ms. Lescarbeau yes
Mr. Nardella yes
On a motion by Mr. Mahoney, seconded by Mr. Angles, the Board a-reed to come out of Executive
Session and reconvene in open session. The vote took place at 7:15 p.m.
Roll call vote:
Mr. Mahoney yes
Mr. Angles yes
Mr. Rowen yes
Ms. Lescarbeau yes
Mr. Nardella yes
The meeting was called to order at 7:15 p.m.
Minutes:
On a motion by Ms. Lescarbeau, seconded by Mr. Mahoney, the Board voted unanimously to
approve the minutes as amended for March 17, I998.
Discussion:
Lot F Intellisense - update
Ms. Colwell stated that she has not received any new information. She will ask the applicants to
come to the April 21, 1998 meeting the give the Board an update on their work.
Endorse Plans:
1
QCNlp)lf NLI 6oO11006P
Winter Street -Form -A
Joe Serwatka of Hancock Engineering was present to represent the applicant. Ms. Colwell stated T.
that this section of Winter Street isnot a public way. It is currently a gravel path. Ms. Colwell had
asked for DPW to comment on the plan. DPW recommends that the road be brought up to Town
standards because sewer is being brought down Winter Street.
Mr. Nardella asked when the lots were created. Ms. Colwell stated that they were created in 1985 as
Form-A's on Winter Street. Ms. Colwell stated that the Board could deny the Form-A and have the
applicant come before the Board as a subdivision filing. Anne Messina stated that they are trying to
keep this low key and are trying to conserve the land as much as possible. Mr. Simons asked if the
applicant knew all the abutting landowners. Ms. Messina stated that it is her fattier and Dr. Scully.
Mr. Rowen stated that if the Board changes lot lines to make one lot maybe they could make a
donation of land to the Town. Mr. Nardella asked if a road has to be paved for a Form-A lot to be
approved
Mr. Mahoney volunteered to look into this issue.
The Board continued discussion for the Form A plan to the next meeting.
Public Hearings (7:30 p.m.)
New:
Winter Street - watershed special permit
Mr. Serwatka presented the plan showing one home with all of the work outside of the 150' buffer
zone. Ms. Colwell stated that all their work is out of the buffer zone however ConCom has not
approved the wetland line. Mr. Nardella asked where the grass swale is. Mr. Serwatka stated that it
is along the proposed driveway. Ms. Colwell asked if the Board would like to do a site walk. Mr.
Rowen stated that the Board could go out on its own. Mr. Rowen suggested that the applicants
resolve the issues with DPW and then come back at the next meeting.
Continued until April 21, 1998.
Continued:
Berrington Estates - definitive subdivision
Ms. Colwell stated she informed DPW about the issues presented to the Board regarding Bear Hill's
drainage. Mr. Rowen stated that it is in Mr. Chessia's opinion that the Berrington Estates drainage
conforms to the Town rules and regulations and to the DEP Storm water management regulations.
Kerry McCollister of 206 Dale Street, stated that he still has a backyard that is full of water and
Bearhill's runoff is a problem. He stated that the Town has an obligation to protect the abutters.
Elmer Pease stated that Berrington Estates runoff would not effect them. Ms. Colwell stated that Mr.
Chessia did say that if the beaver dam backed up enough water on the site it could affect the detention
pond however the situation is remote. DPW and ConCom are addressing the beaver dam issue. Ms.
Colwell stated that the applicants have met all requirements for Planning Board. Eric Heyland went
over drainage with the Board. Mr. Mahoney asked where they stand with the variance. Mr. Pease -=
2
stated that they have a ZBA meeting scheduled for April 14, 1998 and are hoping for a decision. Ms.
Colwell stated that the Planning Board cannot make a decision until the Zoning Board has rendered
their decision therefore, the Planning Board will need an extension for the Board to make a decision.
On a motion by Mr.Nardella, seconded by Ms. Lescarbeau, the Board voted unanimously to grant an
extension for the Board to make a decision untilApril 24, 1998.
On a motion by Mr. Nardella, seconded by Ms.Lescarbeau, the Board voted unanimously to close
the public hearing and direct staff to draft a decision pending a decision by the ZBA.
Lot 1 Dale Street-watershed special permit
Ms. Colwell stated that there are no remaining issues with this filing. W. Colwell stated that the
Board cannot issue a decision until the ZBA grants a variance.
On a motion by Mr. Nardella, seconded by Ms. Lescarbeau, the Board voted unanimously to close
the Public hearing and direct staff to draft a decision pending a decision by the ZBA.
Forest View Estates - definitive plan
Ms. Colwell stated that DPW sent a letter listing proposed conditions for the Planning Board to put in
their decision. Mr. Rowen stated that it is 91-lot subdivision and they can't tie into the sewer until
the Glenwood sewer problem is resolved. Mr. Rowen stated that the sewer design in Rt. 114 is O.K.
per DWP. Mr. Laudani stated that there would be no additional tie-ins until the problems are
resolved. Mr. Laudani stated that a temporary by-pass would be constructed to help the Glenwood
Street situation. Mr. Laudani stated that any approval tonight would be conditioned through D.E.P.
Mr. Rowen stated that he does not want the applicant to start building the homes or the road until the
sewer problem is resolved. Mr. Laudani stated that no one is going to construct anything until the
problem is resolved. Mr. Nardella stated that the decision should state that no on site construction
could occur until the sewer is complete. Mr. Rowen asked if, the Town gets a consent decree, does
that permit allow them to tie into the existing sewer. Mr. Laudani stated that it might allow him to
construct but, not tie in. Mr. Rowen stated that the applicant can construct the offsite sewer with a
conditional permit but, onsite sewer cannot start until the applicant can get building permits. Mr.
Rowen stated that once the decision is rendered and the applicant has building permit rights he can
accumulate the eligibility for building permits even if they can't start construction.
On a motion by Mr. Nardella, seconded by Mr. Angles, the Board voted unanimously to close the
public hearing.
Walnut Ridge - definitive subdivision
John Soucy of Merrimack Engineering and Tom Laudani were present to represent Walnut Ridge.
Mr. Laudani stated that this is a 10 lot subdivision that conforms to the subdivision regulations and is
zoned under the R-2 zoning district_Mr. Laudani state that they received a letter from Mr. Chessia
dated 4/2/98 stating that they are in compliance. Mr. Soucy stated that all the drainage the applicant
submitted has worked. Mr. Soucy stated that they have made some changes to the plan and are
planning to leave the right of way lines and relocate two ponds. Mr. Nardella asked how big the
3
401j7r
ponds were. Mr. Soucy stated that one is 30' x4-O' and 70'x40'. Mr. Soucy stated that he has not
had a definitive review from D.P.W.on the access to the ponds.
Mr. Soucy stated that the applicant added a 10' wide natural looking path with a wooden bridge
extending from the end of the subdivision roadway through Town owned land to Johnson Street. Mr.
Rowen asked if the path would be covered with stone dust or wood chips as it will be used a lot. Mr.
Soucy stated that ConCom would like the path to look as natural as possible so they would prefer it
to be simply cleared. Mr. Mahoney asked over whose property is the trail on. Mr. Soucy stated that
the trail would go over the future owners land and then over Town property. Easements will be
granted to the Town.
Mr. Soucy went over the revised plans with the Board. Mr. Laudani stated that they have hired
Michael Weinmeyer, a Land Planner. Ms. Colwell stated that when you drive down Crickdt Lane it
should not look like a new subdivision. Mr. Rowen suggested that they meet with DPW and come
back with the landscape plans. Mr. Rowen also stated that the backyards are still very minimal. Mr.
Laudam stated that they are planning on putting 4' terrace walls in the back of the properties. Ms.
Colwell asked what the highest retaining wall is. Mr. Soucy stated that the highest wall is 7 '/z' high.
An unidentified abutter asked if there are ponds around town that she could look at to get a sense of
what the ponds will look like. Mr. Laudani stated that he would take her around and show what they
will look like. The abutter also stated that the neighborhood is opposed to having sidewalks. Mr.
Rowen stated that the Board has the opportunity to install sidewalks here which will create a walking
path from Summer Street to Johnson Street.
Continued until April 21, 1998,
Boston Ski Hill - definitive subdivision
Jim Devellis of Devellis Associates was present to represent Boston Ski Hill. Ms. Colwell stated that
there are no major issues. Mr. Rowen asked when they plan on coming in for a final project. Mr.
Devellis stated that he does not know Mr. Dunn sold the property and he has not spoken to the new
owner about it. Mr. Rowen stated that Rt. 114 has the potential to be widened and questioned if it
was to be widened how many feet would it be from the road to the end of the cul-de-sac. Mr.
Devellis stated that it would be about 60' - 70'. Henry Fink of Turnpike Street, asked questions
regarding the lot lines. Mr. Angles asked if they would eventually be tying into sewer. Ms. Colwell
stated that they would have the same stipulations in their decision as Forestview.
On a motion by Ms. Lescarbeau, seconded by Mr. Nardelia, the Board voted unanimously to close
the public hearing and direct staff to draft a decision.
Between 187 & 211 South Bradford Street - watershed special permit
Ms. Colwell stated that the applicant submitted revised plans. The applicant requested a continuance
until the April 21, 1998 meeting.
On a motion by Mr. Mahoney seconded by Mr. Simons the board voted unanimously to grant a
continuance to April 21, 1998.
4
ExN�grr G 6d1JPAJU6'
Lot 2A Orchard Hill Road-site plan review
Steve Webster of Bay Hill L.C.C. and Steve Foster of Dutton& Garfield were present to represent
Lot 2A Orchard Hill Road. Ms. Colwell stated that she does not have any input from DPW
concerning the cul-de-sac. Mr. Webster stated that there is an 18" pipe that drains off the site and
Mr. Barker has submitted a letter stating that is was O.K. Ms. Colwell stated that we need an
easement for this and not just a letter. Ms. Colwell went over the two-foot separation with the
Board. Ms. Colwell stated that they need to add erosion control to the plan. Mr. Simons asked what
buffers the sides of the property because it is very close to a residential area. Mr. Webster stated that
there is about a 1,000 feet between the residential area. Mr. Rowen stated that we can put it in the
decision that once the clearing on the site is done we can see what kind of buffer is needed.
On a motion by Ms. Lescarbeau, seconded by Mr. Mahoney, the Board voted unanimously to close
the public hearing.
Lots 4 & 5 Flagship Drive&Willow Street- site plan review
Frank Montero of MHF Design was present to represent Flagship Drive. Mr. Montero went over a
couple of outstanding issues that Mr. Chessia had and over the erosion.control with the Board. Ms.
Colwell stated that they had no outstanding issues.
On a motion by Ms. Lescarbeau, seconded by Mr. Mahoney, the Board voted unanimously to close
the public hearing.
Decisions:
Forest View Estates - definitive plan
On a motion by Ms. Lescarbeau, seconded by Mr. Mahoney, the Board voted unanimously to
approve the decision for Forest View Estates as amended.
Lot 2A Orchard Hill Road - site plan review
On a motion by Mr. Mahoney, seconded by Mr. Angles, the Board voted unanimously to approve the
decision for Lot 2A Orchard Hill Road as amended.
Lots 4 & 5 Flagship Drive& Willow Street - site plan review
On a motion by Mr. Nardella, seconded by Mr. Mahoney, the Board�voted unanimously to approve
the decision for Lots 4 & 5 Flagship Drive&Willow Street as amended.
Adjournment:
On a motion by Ms. Lescarbeau, seconded by Mr. Mahoney, the Board voted unanimously to
adjourn. The meeting adjourned at 10:30 p.m.
5
RTy
31
�•xs`.., RE C;V
:.. .�`' jOYCE.BRAGS HAW
TOWN CLERK
C ust` NORTH ANDOVER
TOWN OF NORTH ANDOVER AFR 2 t 12 Ol I Y ,�b
MASSACHUSETTS
BOARD OF APPEALS
Any appeal shall be filed
date of filing of this Notice
within fzot days after the NOTICE OF DECISION
in the Office of the Town Clerk. Property: Date St., Map 3713, Lot #1, (Berrington Place)
NAME: MPG Realty Corp. DATE: 4/15/98
ADDRESS: 11 Old Boston Rd. PETITION: 010-98
Tewksbury, MA 01876 HEARING:4114/98
The Board of Appeals held a regular meeting on'Tuesday evening, April 14, 1998. upon the application
of MPG Realty Corp., i 1 Old Boston Rd.; Tewksbury. MA 01876, requesting a Variance for said
premises located at Dale St., Map 37e, Lot n1, (Berrington Place). North Andover, MA from the
requirements of Se :or 4 paragraphs 136.2 �) & (ite): 136.2 (�, 13S.' rd', of Table 1&2 to build a
roadway` w;th a!' (e- ire d-iailS Wlthl^ the i --v()car;attOn zone, In Rn 1'
D.strict,
tie iOliowir£ memb--, were present: Walter F. Soule. Raymona `.liven-7i, Scott Karpinski, Ellen
Wiclnlyre and G eome Earley,
The hez'in"g was acvertised in the Lawrence Tribune on 3/;1/96 & 4�71'98. and all, abiJtters Were. nota=ed
oy regular mail.
tJpor a motion made by Walter Soule. wtlo removed )imself as acting charrrnan for this vote. and
seconded try George Earley, the Board voted to deny a Variance seeking relief from Section 4.P. 136.2
(b) & (iv); 138.2 (1); 136.3 (d), td built; a roadway with at! required details within the 75'conservation
�n!la C tie :a$iS t` at i c petitioner faiie'd to Show substantial hardship. fnanciai or Otherwise, relating
io univuF sr:: ccriditions. relating to shape, or topoarapfw of ;and. as required under Chamer 40A.
Sec ion C. of the Gelnera Laws and Section 10.4 of the Zoning Bylaws. Voting in favor of the denial:t�ralter S_iuie. Raymond Vivenzio. Scott Karpinski. Ellen McIntyre.. Geonge Earley.
s
BOARD 0`c APPEALS
Raymond
y d enzio actin Chairman
-IA'alter Soule.Zoning Board of Appeals
/decoct.2
6. A Special Permit granted under the provisions of this Bylaw
shall not take effect until:
a. The Town Clerk certifies on a copy of the decision that
twenty (20) days have elapsed without filing of an
appeal or that any appeal filed has been dismissed or
denied;
b. The certified decision has been recorded at the owner's
expense in the Essex County Registry of Deed's indexed
in the grantor index under the name of the record owner,
and noted on the owner's Certificate of Title;
C. If the Special Permit involves registered property, .the
decision, at the owner's expense shall also be filed
with the Recorder of the Land Court.
10.32 Temporary Permit
The Board of Appeals may grant a temporary Special Permit for use
or occupancy permit for a period of not more than one (1) year at a
time, subject to a single renewal. Such permits shall be subject
to conditions imposed by the Board related to safeguarding the
character of the district affected and shall be processed in
accordance with the procedures provided herein for the granting of
Special Permits .
10 . 4 Variances and Appeals
The Zoning Board of Appeals shall have power upon appeal to grant
variances from the terms of this Zoning Bylaw where the Board finds
that owing to circumstances relating to soil conditions, slope, or
topography of the land or structures and especially affecting such
land or structures but not affecting generally the zoning district
in general, a literal enforcement of the provisions of this Bylaw
will involve substantial hardship, financial or otherwise, to the
petitioner or applicant, and that desirable relief may be granted
without substantial detriment to the public good and without
nullifying or substantially derogating from the intent or purpose
of this Bylaw.
Additionally, an appeal may be taken to the Zoning Board of Appeals
as provided herein by a person aggrieved by reason of his inability
to obtain a permit or enforcement action from the Building
Inspector, by the Merrimack Valley Planning Commission, or by any
person including an officer or Board of the Town of North Andover,
or an abutting city or town, aggrieved by an order or decision of
the Building Inspector or other administrative officials in
violation of any provision of this Bylaw.
132
Codrrirvsp
Any petition for an appeal above. must be taken within thirty (30)
days of the date of the order or decision that is being appealed by
filing a notice of appeal, specifying the grounds thereof with the
Town Clerk, who shall forthwith transmit copies of the appeal to
such officer or Board, whose order or decision is being appealed,
and to the Zoning Board of Appeals. Such officer or Board shall
forthwith transmit to the Zoning Board of Appeals all documents and
paper constituting the records of the case in which the appeal is
taken.
1. No petition for a variance or appeals shall be granted until a
public hearing is held on the matter by the Zoning Board of
Appeals within sixty-five (65) days after the Zoning Board of
Appeals receives the petition from the Town Clerk.
2 . The Zoning Board of Appeals must make its decision on a
petition for a variance or appeal within seventy-five (75)
days after the date of the petition is filed with the Town
Clerk. In order to grant a petition for a variance or an
appeal, four (4) of the five (5) members of the Board must
concur. If the Zoning Board of Appeals fails to act within
the time limits specified herein, the petition for a variance
or appeal shall be deemed granted.
a. In the case of a variance, the Zoning Board of Appeals
may impose conditions, safeguards and limitations of
time and use, however, these, conditions cannot require
continued ownership of the land or structure to which
the variance pertains by the applicant, petitioner, or
owner . Furthermore, if the rights authorized by the
variance are not exercised within one (1) year of the
date of the grant, they shall lapse and may be
re-established only after notice and a new hearing.
3 . The Zoning Board of Appeals shall cause to be made a detailed
record of its proceedings indicating the vote of each member
upon each question, or if absent or failing to vote,
indicating such fact, and setting forth clearly the reason or
reasons which shall be filed within the fourteen (14) days in
the office of the Town Clerk and shall be a public record.
Notice of the decision shall be mailed forthwith to the
petitioner, applicant, or appellant, to the parties in
interest designated herein, and to every person present at the
hearing who requested that notice be sent to him and stated
the address to which such notice was to be sent. Each notice
shall specify that appeals, if any, shall be filed within
twenty (20) days after the date of filing of such notice in
the office of the Town Clerk. The decision shall also contain
the names and addresses of the owner, and -identification of
the land and/or structure affected (if a variance procedure
133
e�T &Ok[r
how the variance complies with the statutory requirements for
issuing a variance) . Certification that copies of the
decision have been filed with the Planning Board and Town
Clerk are required.
10.5 Amendments to Zoning Bylaw
This Bylaw shall be adopted and shall be • amended from time to time
by a two-thirds vote at an annual or special town meeting.
Amendments to this Bylaw may be initiated by submission of the
amendment to the Board of Selectmen by any of the following: a)
Board of Selectmen; b) Zoning Board of Appeals; c) by an individual
owning land to be affected by the amendment; d) by request of
registered voters of the town pursuant to Section 10, Chapter 39 of
the Mass. General Laws; e) the Planning Board; and f) by the
Merrimack Valley Planning Commission.
10.51Submission of Amendment to Planning Board
Within fourteen (14) days of the receipt of an application for an
amendment to this Bylaw, the Board of Selectmen shall submit the
proposed amendment to the Planning Board for review.
The Planning Board shall hold a public hearing on any North Andover
Town Meeting Warrant Article to amend the Zoning Bylaw or the
zoning map and shall report its recommendations thereon, if any to
the Town Meeting.
Each warrant article to change the zoning map shall explicitly
state the nature, extent, and location of the map change proposed
and shall be accompanied by:
1 . Three blackline prints of a diagram to scale showing and
stating clearly the dimensions in feet of the land area
proposed to be changed as to zone;
2 . Also a sketch or other explicit identification of the location
of such land in relation to the majority of the rest of the
town.
10.52 Public Hearing
Within sixty-five (65) days after receipt of a proposed amendment
from the Board of Selectmen, or within sixty five (65) days after
the receipt of an application for a Special Permit, the Planning
Board or Zoning Board of Appeals, as the case may be, shall hold a
public hearing, notice of which shall be published in a newspaper
aper g P P
of general circulation covering the town once in each of two (2)
134
C7Vf BlT
own of North Andover
a OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
{
27 Charles Street
North Andover Massachusetts 01845 a;_-" y
WU11AM J.SCOTT �
Director SSAcHusEt�
(978)688-9531
Fax(978)688-5542
Mr. Raymond Vivenzio '
Acting Chairman,Zoning Board of Appeals
27 Charles Street
North Andover, MA 01845
Dear Mr. Vivenzio
This letter is in reference to the attached decision for the Barrington Estates Variance
request. The Planning Board is currently hearing the request for the purpose of a
Repetitive Petition. As you are aware the Repetitive Petition requires that the applicant
show specific and material changes that are based on their original reasons for denial.
The Planning Board respectfully requests clarification of the reasons for denial by the
Zoning Board. It is the belief of some members of the Board, based on conversations
subsequent to your decision, that, in addition to the reasons set fourth in your decision,
the possibility exists that the variance was denied in part due to the lack of an approved
subdivision plan creating the road, and that the requests for variance was considered
inappropriate at the time.
The Planning Board would greatly appreciate clarification of this issue. if you would
respond in writing before April 4 it would help us properly address the request for
Repetitive Petition
Thank you for your time.
Sincerely,
Richard Rowen
Chairman, Planning Board
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
._G,
own;of No hAndover toRrif
r' COMMUNITY DEVELOPMENT AND SERVICES
27 Charles Street
kJ:SCOTT North Andover,Massachusetts 01845 �� „„.•",�
` A SS'�CHUSEt
ti-
8)688-9531
688-9531
Fax(978)688-9542
Mr.Richard S. Rowen
Chairman,Planning Board
27 Charles Street
North Andover, MA 01845
j, . .
Dear Mr. Rowen;
This letter is in response to your letter of March 30. The Zoning Board denied the
application of Barrington Estates for the reasons cited in the decision and discussed in
the minutes. While the applicant elaborated on their grandfathering status the Board
did not discuss the.lack of definitive plan as a rationale for denial.
The applicants lacked evidence that they met the tests of a variance (see section 10.4
North Andover Zoning By-Law) and as such they were denied.
Sincerely,
xf/,,..
Raymond Vivenzio
Acting Chairman, Zoning Board of Appeals
t
BOARD OF APPE.4.IS 688-9541 BUILDING 683-9345 CONSERVATION 683-9530 HEALTH 688-9540 PI..:kNNING 6x3-9535