HomeMy WebLinkAboutMiscellaneous - Dale Street_ ,� �_
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°qa,^ NORTH
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TOWN OF NORTH ANDOVER 'J.J
MASSACHUSETTS
BOARD OF AFPEALS
Any appeal shall be filed
within (20) days after the
date of filing of this notice. NOTICE OF DECISION
Property at: Dale St., Lot #1, (Berrington Place)
NAME: MPG Realty Corp., 11 Old Boston Rd., Tewksbury, MA
DATE: 7/14199
ADDRESS: for premises: Dale St Lot #1, (Berrington Place)
PETITION: 011-99
North Andover, MA 01845
HEARING: 5/11/99 & 7113/99
The Board of Appeals held a regular meeting on Tuesday evening, July 13, 1999 upon the application of MPG Realty
Trust, 11 Old Boston Rd., Tewksbury, MA for premises at: Dale St, Lot #1, (Berrington Place) North Andover,
requesting a Repetitive Petition hearing under Section 10.8 and to request a Variance from the requirements of
Section 4, P136.2 (b), (iv), 136.2 (f), 136.3 (d), of Table 1&2 in order to construct a roadway with all required details
within the 75' conservation zone within the R-1 Zoning District.
The hearing was advertised in the Lawrence Tribune on 4/27199 & 5/4199 and all abutters were notified by regular
mail.
The following members were present to hear the Repetitive Petition: William J. Sullivan, Robert Ford, George Earley
& Ellen McIntyre.
Upon a motion made by George Earley and 2nd by Robert Ford, the Board voted to GRANT a repetitive pefifion on
the basis that the application did contain significant changes as presented on the Plan of Land submitted by: Allen &
Major Associates, Inc., by Erik D. Heyiand, Professional Engineer, #38325, dated: 411/99. Voting in favor: William J.
Sullivan, Robert Ford, George Earley, Ellen McIntyre.
The following members were present to hear the request for a Variance: William J. Sullivan, Raymond Vivenzio,
Robert Ford, John Pallone, and Scott Karpinski.
Upon a motion made by Robert Ford and 2nd by Scott Karpinski the Board voted to GRANT a Variance to construct a
roadway for a 75' setback from the wetland resource area from Station #04400 a shown on the Definitive Plan of
Land, Tax Map #378, parcel #1, North Andover, dated: 1/16198, drawings #A & 3B, by Allen & Major Associates, Inc.
Professional Engineer, #38325, dated: 4/1/99. The Board finds that the access to the proposed development is the
least objectionable entrance/exit and due to the circumstances relating to soil, shape (long and narrow) and
topography (surroundipg wetlands) this relief is required for use of the land refered to in this petition. Voting in favor:
William J. Sullivan, Robert Ford, John Pallone, Scott Karpinski. Opposed: Raymond Vivenzio.
Page 1 of 2
ml/1999decision/32
L.; . ,.
JOYCE
TOM'; x
NORTH, O ER
JUL LO 3 11
MPG Realty Corp, for premises at: Dale St., Lot #1, decision continued
Variance
The Board finds that the petitioner has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the
granting of these variances will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw.
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, shape, or typography of the land
or structure 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.
By order of the Zoning Board of Appeals
I01&
— L�- -
William J. S Ilivan, Chairman
l
m111999decision/24
Ot MORTIy ��
y �
NORTH ANDOVER
OFFICE OF
THE ZONING BOARD OF APPEALS
27 CHARLES STREET
NORTH ANDOVER, MASSACHUSETTS 01345
FA3, (978) 688-9542
Date: 6 � �
9
TO: Town of North Andover
Zoning Board of Appeals
27 Charles Street
North Andover, MA 01845
phone # 978-688-9541
fax # 978-688-9542
Please be advised that I have agreed to waive the time constraints for
the Zoning Board of Appeals to make a decision regarding the granting of a
VARIANCE for property located at: q
d
STREET:
TOWN:
NAME OF PETITIONER:
Signed:
petitionkr (or`petit?9ner's representative)
10.4 Variance 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, shape, 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.
MI/variance
9.F APPEALS 633-9541 BUILDINGS 6SS-95.15 CONSERVATION 63S-9530 HEALTH 633-9540 PLANNI'N'G60-953i
4 '
NORTh
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i�
NORTH ANDOVER
OFFICE OF
THE ZONING BOARD OF APPEALS
27 CHARLES STREET
NORTH ANDOVER, MASSACI-RUSETTS 01845
J 0
FAX (978) 688-9542
TO ALL CONCERNED PARTIES, PLEASE BE ADVISED OF THE FOLLOWING
RESCHEDULED MEETINGS OF THE ZONING BOARD OF APPEALS.
The North Andover Zoning Board of Appeals has rescheduled the continued public
hearing portion of their June 8, 1999 meeting to the following date: Tuesday, June
15, 1999, relative to the following continued petitions:
Bank Boston, Frank DiNuccio, Daniel J. Murphy, Estate of Margaret Simon, & MPG
Realty Trust. Location of the meeting: North Andover Senior Center, 120R Main
Street. Time of the meeting: 7:30 PM.
By order of the Chairman of the Zoning Board of Appeals,
William J. Sullivan
mi/citizen
E3OAR31 OF :UTE:ALS 688-9541 BUILDINGS 688-9545 CONSER'v'.ATION 688-9530 HE:LLTH 688-9540 PLANNING 6XS-9535
s
NORTH ANDOVER
OFFICE OF
THE ZONING BOARD OF APPEAL'.
�7 CEAR r ES STREET
NORTH r1"TO VER, tiL-SS-C:uSET
(973) 653-95-1?
Notice is hereby given that the Board of Appeals will hold a public hearing at the
Senior Center, 120R Main St., North Andover, MA on Tuesday the 11th day of
May 1999, at 7:30 PM to all parties interested in the appeal of MPG Realty Corp., 11
Old Boston Rd., Tewksbury, MA., for premises at: Dale St., Lot #1, (Map 376,
Berrington Place) North Andover, requesting a Variance from the requirements of
Section 4, P 136.2 (b) .(iv), 136.2 (f), 136.3 (d), of Table 1 &2, and under Section 10.8 for
a Repetitive Petition hearing in order to construct a roadway with all required details
within the 75' conservation zone.
Said premises affected is property with frontage on the North side of Dale St., which is
in the R-1 Zoning District.
Plans are available for review at the Office of the Building Dept., 27 Charles Street,
North Andover, Monday through Thursday, from the hours of 9 -AM to 1 -PM.
By Order of the Board of Appeals,
William J. Sullivan, Chairman
Published in the Eagle Tribune on 4/27/99 & 5/4/99
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NORTH ANDOVER
OFFICE OF
THE ZONING BOARD OF APPEALS
27 CHARLES STREET
NORT: i .ANDOVER, MASSACHUSETTS 011845
FiP Y (978) 688-9542
Notice is hereby given that the Board of Appeals will hold a public hearing at the
Senior Center, 120R Main St., North Andover, MA on Tuesday the 11th day of
May 1999, at 7:30 PM to all parties interested in the appeal of MPG Realty Corp., 11
Old Boston Rd., Tewksbury, MA., for premises at: Dale St., Lot #1, (Map 37113,
Berrington Place) North Andover, requesting a Variance from the requirements of
Section 4, P 136.2 (b) .(iv), 136.2 (f), 136.3 (d), of Table 1&2, and under Section 10.8 for
a Repetitive Petition hearing in order to construct a roadway with all required details
within the 75' conservation zone.
Said premises affected is property with frontage on the North side of Dale St., which is
in the R-1 Zoning District.
Plans are available for review at the Office of the Building Dept., 27 Charles Street,
North Andover, Monday through Thursday, from the hours of 9:AM to 1:PM.
By Order of the Board of Appeals,
William J. Sullivan, Chairman
Published in the Eagle Tribune on 4/27/99 & 5/4/99
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BO.A-P�D OF .-%P°C.-kLS 638-9541 BLiLDf`GS 653-95-!5 CONS ERVAT?ON 63S-9530 HEA-LTH633-9540 PLANFNIN'G 6SS-9535
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Town of North Andover ,a�c,r�, o� Ho oT16
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OFFICE OF
Syr
COMMUNI'T'Y DEVELOPMENT AND SERVICES _
27 Charles Street ` Z
wo �
North Andover, Massachusetts 01845 �q4° -•° "�<5
WILLIAM J. SCOTT SSACHU5.
Director
(978) 688-9531 Fax (978) 688-9542 '1
FAX Transmission
TO:
FAX Number: O 3
FROM:
Town of North Andover
Zoning Board of Appeals
FAX: 978-688-9542
PHONE: 978-688-9541
DATE:
SUBJECT:
Total number of pages:
REMARKS: Attached is a fax containing your legal notice. As you are aware, the attached legal
notice has to be placed with the legal notice department of the Lawrence Eagle -Tribune and it is
your responsibility to do so as -soon -as -possible in order to meet the required deadline. Failure to
place the legal notice in the paper within the required deadline will mean that you will not be able to
be placed on the ZBA agenda for the upcoming meeting. The phone number for the Eagle
Tribune is: 978-685-1000, ext. #412, should you require further assistance.
Ml/fax
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
HP OfficeJet Fax Log Report for
Personal Printer/Fax/Copier North Andover Com. Dev.
508 688 9542
Apr -20-99 11:23 AM
Identification Result Paees TIM Date Time Duration Diagnostic
816036418882 Jammed 01 Sent Apr -20 11:23A 00:00:44 002586030022
1.2.0 2.8
PD Associates, LLC
Real Estate Consultants1 I
Telephone #:(603)641-8200
1600 Candia Road, Suite #7, Manchester, NH 03109 Facsimile #:(603)641-8882
June 22, 1999
Zoning Board of Appeals
Town of North Andover
27 Charles Street
North Andover, MA 01845
RE: Dale Street, Map 37B, Lot 1
Request for Repetitive Petition & Variance
Dear Mr. Chairman,
Pursuant to the discussions with the Board this past May l l'h regarding our request for hearing a repetitive
petition and our subsequent application for consideration of a variance, we are providing information to the
Board as requested. Further, considering an appeal is currently filed for the Planning Board's repetitive
petition decision of April 6h, 1999, the applicant is currently discussing a settlement with the appellant to
avoid further litigation. However, the applicant is prepared to file a motion to dismiss if a decision is not
reached within 10 days.
In light of the fact this appeal may be settled, we respectfully request that the Board continue our hearing
for 30 days. This will allow us the opportunity to either settle the appeal or file our motion to dismiss prior
to the next meeting.
In the event we are unable to settle the appeal with the abutter, than l will provide a letter to the Board
requesting withdrawal of our applications without prejudice, prior to our next scheduled meeting. This
scenario will allow us the opportunity to continue seeking the variance and give the board the opportunity
to review the new information provided.
We appreciate the opportunity the Board gave us in presenting our request for the repetitive petition on
May 11°i and look forward to completing our presentation as soon these matters are settled.
Respectfully submitted,
mer A. Pease, II CPM, EA
Owner's Representative
EAP/sp
Cc: Kenneth Grandstafi
Michael Gerstein, Esq.
PD Associates, LLC
Real Estate Consultants
1600 Candia Road, Suite #7, Manchester, NH 03109
June 22, 1999
Zoning Board of Appeals
Town of North Andover
27 Charles Street
North Andover, MA 01845
RE: Dale Street, Map 37B, Lot 1
Request for Repetitive Petition & Variance
Dear Mr. Chairman,
Telephone #:(603)641-8200
Facsimile #:(603)641-8882
During our repetitive petition hearing of May 11, 1999, several members requested information or
clarification regarding our submitted plans and documentation. Please accept this letter and the attached
information pursuant to those requests.
There was some confusion regarding the plan dates that appeared on the original variance application. The
Plan created specifically for the Zoning Board of Appeals was prepared on February 10, 1998. This plan
showed revisions only through December 16, 1997. When we resubmitted a new variance application as
requested by the Board on March 18'', 1998, we provided the same plan created for the Zoning Board of
Appeals, again, dated February 10, 1998.
Final plan changes as requested by the planning board and as reflected in the letter to Kathleen Colwell
dated March 4`h, 1998 were not made until February 20, 1998. These revisions were not reviewed and
approved by John Chessia or Kathleen until after the ZBA submittal. In fact, the Planning Board did not
approve our changes until April 7n', 1998. This was three weeks after the ZBA submittal.
Therefore, the plans submitted for the variance on February 12U' and March 18'', 1998 included the
specifically created ZBA plan dated February 10, 1998 showing revisions through December 16`h, 1997.
Our current request reflects all the changes as noted in our application with approved plan changes dated
February 20, 1998. This clearly shows the difference between the plans reviewed by the ZBA on April 14,
1998 and at our most recent hearing on May 11, 1999.
An appeal was filed for the planning board approval of April 14a', 1998 and subsequently dismissed on
December 4, 1998. The planning board finally signed the revised plans of February 20th, 1998 on March
16th, 1999. This was over a year later.
This is the reason why the new application for a variance and request for a repetitive petition hearing has
significant plan changes. The board is now reviewing plans that have been approved and signed as of
March of this year.
Another question was raised as to our pending ZBA appeal of the April 14`x', 1998 denial. I have instructed
the applicant to suspend their legal work in hopes of acquiring the variance. This will allow us the
opportunity to withdraw our appeal and save both the town and the applicant legal costs. He has agreed to
wait.
The abutter's list was inadvertently dated January 13, 1998, when it was actually signed on January 13,
1999. We had the Tax Assessor strike the incorrect date and redate and initial the correct date. A copy of
this page is attached.
As requested by Mr. Soule, we have attached the approval of the wetland areas by the Conservation
Commission under their Determination of Applicability. This supports our delineation of the borders of the
vegetated wetlands. These soils are clearly shown and approved by the Conservation Commission. I have
also attached a plan sheet with specific requirements they requested to avoid impacting these soils for our
roadway to Dale Street.
A question was raised whether we had provided the mylars for the hearing this past month on the 1 Ith of
May. The secretary did not make it clear if she had them for the hearing. I have attached a letter from the
engineer who delivered them on April I, 1999 along with the copies. He called Mary to confirm receipt.
Mary said she did have the plans and that they were submitted on the I" of April.
I have also provided another copy of the owner's affidavit authorizing the applicant to make any and all
requests for approval of this subdivision. There was a question regarding clarification of this item.
It is these unique aspects of the property that require egress to Dale Street as approved by the Conservation
Commission and the Planning Board. No other access can be designed because of the unique shape,
wetland soils and topography.
I hope the new information provided, clarifies the questions raised by the board and allows them the
opportunity to approve our repetitive petition hearing and our request for a variance as submitted. We will
be more than happy to address any other questions or comments the board may have and look forward to
meeting with the Board in the very near future.
Respectfully submitted,
E mer A. Pease, II CPM, EA
Owner's .Representative
EAP/sp
Attachments
Cc: Kenneth Grandstaff
Michael Gerstein, Esq.
Page 4 of 4
Map Parcel Name Address
64 14 James W. Goodwin &
Sandra A. 299 Dale Street
8 Peter J. Piantidosi III 1 Millpond, North Andover
5 Stephen H. Taney &
Cecilia Feeney -Taney 323 Dale Street
24 Fredrick J. McCarthy &
Maureen W. 357 Dale Street
26 E.C.W. Trust
Edward J. Welch, Tr. 24 Prescott St. N. Andover
25 P&M Realty Trust
P.A. & M.W. Bryant Trs. 300 Dale Street
33 David C. Rand &
Frances J. 280 Dale Street
16 John P. & Cecelia E.
Sangermano 268 Dale Street
34 Danahy Family Trust
Donna D. White, PE & 73 Pinehurst Street
R.H. Danahy Methuen, MA 01844
64 Town of North Andover
9 Town of North Andover
136 Stewart 1996 Realty Trust 12 Carriage Chase
Lora E.S. Stewart Trs. N. Andover
69 Patricia A. Grimm &
Christina L. Klein 149 Coachman Lane
70 Robert J. Kingsley &
Joan L. 135 Coachman Lane
37A 27 Howard L. Kramer &
Julia O. 115 Coachman Lane
28 George W. Desmet &
Leah M. 125 Coachman Lane
310 C%Uz 10 _ 99 OEP Pile No. gyp'
Cia be provided * UP)
?0 2
Cixy/Tmwr North Andover
A; ,,lic,r,t Mesiti Development Corp.
cc= on,i+a•aIth February 7, 1997
04 Massachusetts Date tcgt=t Filed
-,.,POSITIVE Dale Street, Map 37B, Parcel 1
Determination of Applicability
Massachusetts Wetlands Protection, Act, G.L. c. 131, 540
From North -Andover Conservation Commission Yss
uiag Authority
To Mesiti DeveloRmeng Cotp R. Ashton Smith c/o Geoffrey Smith
(Na a of Berson making request) (Name a; preg�rry owner)
1 Old Boston Rd ;,t; 15 Driftwood -
Addr ess Tewksbu=.'NA ` 01876 Add:ess_Nnrrt, AT -A *'* 05471
This determi-na tion is issued and delivered as. follows:
Q y band delivery to person mak=g request 'on - (date).
X$$$ by certified mail;• return. receipt. requested on 2/24/97 P205 969 ZOS (date)
eu.s --t to the authority of .G:L �c;�3z; -:g40, the No. Andover Coaseryation ..Coidia,.
has oasidered your request for a' tete�,niriatioa .o. applicability _'and it's_
part Lng documentation,. arid' Ltas Made t'1ie'gallowing de'te-_Teiaati *a (check .ahi,oheve_,._'N'
is a :pli cable)
Local: ion.:'9treet Address hale Street
Loc er: Map 37B, Parcel 1'
This Determination is positive.
Z.fir The -area' described below, -:.which includes all/part of the area described.
is. your request, .:.'is an „ Area Subject to Protection IIader the - .
Therefore,' -any :zeaaoving,•:; tiling,_ dredging .or altering of -chat area..
requires the filing of a Nctice of Intent.
plan ofand `depicting Wetland Delineation, of Land of Smith prepared .for Meseti
Development Corp by Merrimack Engineering Services. Plan of Record dated
2%5/97. See attached sheet.' -for more detailed information.
2. The work described.below,-"which includes all/pant. of the work described
'in your request... is within an Area Subject to Protection fader the Act and
will remove, fill, dredge or alter that area. Wherefore, said work
requires the fili.zng of a Notice oY Intent.
E`fej!:ive 11/10/89
F -d
2-1
7RVP 7R9' PRq ACC71> 1,-I C,nmw7 1 -4M w n? -I -4 NW7 1 : 0 1 i(R I —7. 1 —q
By this action the NACC aellawwledges that Resource Areas protected under the Wetland
rection Act DO exist upon land of the subject property.
L
plicant has failed to provide the NACC with sufficient information upon which a
ve determination can be made. As such rhe NACC makes no determinatioa as to the
type(s), location(s), and/or linlit(s), of resource areas upon the subject propexty.
, the NACC makes uo determination, whatsoever, as to Resource Areas and/or
applicability of the Riverfront Act.
TOTAL P.03
7C-,17� 7oc cryo AC-Zl�a cnK IW -1 i 71en kln�,4 J i„iHc i : M i FCZI;� 1 _7 1 _c
low-- . 0U_ • V
For Z oEP n ., RDA
(To a tuava DY 131M
city,tow, North Andover
Commonwealth
of MassachusettsMesiti Development Corp.
Aooaeant
March 7, 1997
" Dale•�treet Map 37B, Parcel 1 ou.a'a,wF�a
(Smith Property)
POSITIVE Determination of Applicability
Mapsachusetts Wetlands Protection Act, G.L. c.131, §40
From NORTH ANDOVER CONSERVATION COMMISSION Issuing Authority
T
iti Development Corp
(Name1ld person stow Road�uest)
Tewksbury, MA 01876
This d4termination is issued and delivered as follows:
R. Ashton Smith c/o Geoffrey Smith
(Name of property owner)
15 Driftwood
Address- North Branford, CT 0§471
b hand delivery to person making request on date►
XS�C b certified mail. return receipt requested cn April 3. 1 (date)
Purse nt to the autharity of G-1— C. 131, §40. -.'Ie North Andover Conserv n . tet:
cn
has ct nsiaered your Seauest for a Oetetmtrtattcn Cf Aoobcanility and its sucporttrg docaunentaaon. and has
mace te following determination (check whicnever is aocticable):
Locatin: Street Adcress Dale Street Map 37B, Parcel 1
Lot
1.
F1 -F15
by Mer
FOR TH
Z.
ter.
The area described below, wnicn inc:uces ailloart of the area desc~bed in your recuest. is an
Area Subject to Protection linger the Act. Therefore, any removing, fitting, dreaoing or
altering of that area requires trte :icing of a Notice of intent.
NG VEG- WETLAND ONLY!! (Flags Al -A15; B1 -B29; Cl-Ci2;.D1-D53; El -E17;
as depicted on the plan entitled "Plan of Land" dated 3/5/97 prepared
imack Eng. Services, NOTE- NO DETERYUNATION WAS MADE UNDER THIS FILING
RIVERFRONT AREA.
The worx aescrtcea below, whtc', lno:u_es a1L'o2rt of the wont oescnbeo in your recuest. is within
an Area Suolec: to Protection UoCer :he Ac: and will remove, !ill. creccce or alter that area. There-
fore. satc work recutres the firing ct a Notice ct Intent.
13/10/8a
4.1
V d 7RVP 7RP POR hCgNri R,nNiH7 I qM wnH A W`dR I : R I RRF; I. -7, I -c
3. The work described below, which Includes alLpart of the work described in your• reauest, is within
the Butter Zone as defined to the regulattons. and will after an Area Subtect to Protection Under
the Act. Therefore. said work recuires the filing of a Notice of Intent
termination is negative_
1. L T1're area described in your reauest is not an Arra Subject to Protection Under the Act
2_ The work described in your recuest is within an Area Subject to Protection Unber the Act. but will
not remove. fill, dredge. or atter that area. Therefore. said work aces not recufre the filing of a
Notice of Intent.
3. The work described in your reauest is within the Butter'Zone. as defined in the regulations. but will
not after an Area Subject to Protection Unoer the Act. Therefore. salla worK noes not reauire the
filing of a Notice of Intent.
4. r_� The area Described to your reauest is Sub►ec! to Protection Unoer the Ac:. but since the work
described therein meets the reeuirements tar the teftowino exemotton.as soecifieb in lite AG: and
the regulations. nCpA
e of intent is reauir�
lss ed by ANDOVER Conservation CommlSSion
Sia ature(s)
Q
L
Th s Determination must be stgnec by a maprity of the Conservation Cortirnission.
this 2nd day of April 1?97 beicrs me
son afiy aaoeareC Joseph W. Lynch, Jr. to me known tc be the
son oescrioed in, an4 who executed. tris icre^o+n= instrimer, anc acknowiecge:: tra, ne,sne execute::
same as ntsmer tree act ana need
Puolic
December 11 2003
My commission exotres
Delerrhutatton Coes not ret•eve ine anoic_ant trt•^t al- otne• 2=....C3_'e teT'd' stats ^_" toz3' Siatute5. c.'_tnanC
�ws or reguLauam This Cleterrninauon snail Oe valt:, to' intee years form lite case at tsWance
The apoliean:, the Cane', any !)Orson aC)dhgved oy this Dole-nmanan. any Owner c! tans aauntng the tanC goon wni=l the crc: =sec w0'►
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FROM : MCKENZIE ENGINEERING GROUP,INC PHONE NO. : 6179412662 Jun. 02 1999 04:30PM P1
Erik D. H, eyland, P.E.
Law Pl mhV conmffants
Mem.oralpldnm
June 2, 1999
196 Central Sbeo
Saugus, MA 01906
Pit. (781) 231-1348
Fax (781) 941-2662
I spoke to Mary at the North Andover Zcming Board of Appeals office on May 13, 1999 to confirm that
she has the two mylar,plans of Berrington Place in heir possession. She confirmed that the plans are in the
office and were sabmitwd on April 1, 1999.
Erik D. Neyland, P.E.
JAN 3 0 1993
CASE #
TOWN OF NORTH ANDOVER
ZONING BOARD OF ADJUSTMENT
OWNER'S AFFIDAVIT
I, the undersigned, owner of property located at Dale Street and identified as Map 37B -
Lot #1. '
do hereby authorize MPG Realty Corporation and its representatives
11 Old Boston Road Tewksbu MA 01876
to make the following request with respect to the above-described property: Any and all requests
for the approval of Berrington Place an 8 Lot subdivision with roadways and all improvements as
shown on plans Prepared by Allen & Major Associates Inc of Woburn. MA as may be required _
by the Watershed Protection Bylaw and the Planning Board Please refer to Special Permit
application and accompanying documentation for submittal of this request for ZBA consideration.
R. Ashton & Gwendolyn C. Smith
Signature w rustee Geoffrey Smith
15 Driftwood Dr. North Bradford, CT 06471
Address
January 23 1998
Date
nazbadoc
I I
LI r.
COMMONWEALTH OF MASSACHUSETTS
Ar 9 12 cr f ��
GJ _ 4 9
ih LAND COURT DEPARTMENT
OF THE TRAIL COURT
CIVIL ACTION NO:
C-;2 �� �3/.
MARIA E. DOWD )
Plaintiff )
V. )
MPG REALTY CORPORATION, )
THE TOWN OF NORTH ANDOVER, and )
RICHARD S. ROWEN, )
ALISON LESCARBEAU, )
JOHN SIMONS, )
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
I. INTRODUCTION
APPEAL
-
PUSUANT TO
M. G.L. c. 40A $17
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
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 'A'.
II. JURISDICTION
2. Jurisdiction in this matter is specifically conferred upon this court by
M.G.L. c. 40A %17
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 ofthe'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
11. On March 4, 1998, Elmer A. Pease II of PD Associates, in 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 'B'.
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'SPGA', 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.
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
'SPGR' (Planning Board) of the Town of North Andover.
Plaintiff
MARIA E. DOWD
by her representative
Timothy Ippolito
128 Dale Street
North Andover, MA 01845
(978)683-7641
Town of North Andover
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
is p
30 School Street
North Andover, Massachusetts 013.15
NOTICE ICE OF DECISION
Any appeal shall be filled
within (20) days after the
date of filling this Notice
in the Office of the Town
Clerk.
EXNIt�IT• ��� '.
t MORTh
O .. a o 1
s� •'•41 o
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ti CD
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Date April 21, 1999
Date of Hearing MArch 16, 1999 & April 6, 1999
Petition of MPG Realty Corp. April 20, 1999
Premises affected Lot 1 Dale Street
Referring to the above petition for a special permit from the
requirements of the North Aadovc-r Zonin,j RYl aw Se -tion 10 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:
CC: Director of Public Works
Building Inspector
Natural Resource/Land Use Planner
Health Sanitarian
Assessors
Police Chief
Fire Chief
Applicant
Engineer
Towns Outside Consultant
File
Interested Parties
Signed7 X_�
Richard S.Rowen. Chairman
Alison Lescarbeau. V. Chairman
John Simons. Clerk
Richard Natdella
seoh V. Mahonev
Planning Ecard
CONSERbAtIO:N-(97a) Gia 9�3U
`!11.11.1)I��Cf)ri'ICr - f)7a) wig-'rc,e - "i'O�\'i':e; 11O Uil) r;F \1'Pe.\L` r'.7 -•I1 A�:ia '."-1 "I-liA `.LVA' Ji�i:A_..
Lot 1 Dale Street— Repetitive Petition
The Planning Board herein consents to allow the petitioner as set forth below to re-petition the Zoning Board of
Appeals. The petitioner is MPG Realty Corporation, I 1 Old Boston Road, Tewksbury, MA 01876. The petition
was submitted on March 12, 1999.
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 Appeals for a
variance from the requirements of Section 4. 136.2(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:
1. The submittal ofadditional 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.
9- 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
TM
' i �_' I. •-----
PD Associates, LLC
Real Estate Consultants
704 Londonderry Turnpike, Auburn, NH 03032
March 4, 1998
North Andover Planning Board
30 School St vd
North Andover, MA 01845
Ann. Kathken Bradley Colwell
RE: Dale Street Definitive Subdivision -Map 37B/Lot M1
Dear Kathleen;
�IpJlf 1�/
Telephone #:(603)641-8200
Facsimile #:(603)641-8882
Purmmt 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. I have prepared
this letter in much the same way as the letter 1 submitted with the application.
Engineering Comments:
Sheet # or other
I .
Names of Owners
1 -Cover Shea
2.
Ownership of 86 sf piece along Dale St.
2A
3.
Show existing grades on profile at 25' offsets
4B & 4C
4.
Permanent Benchmark (Rim Elev-Dale St. SMID
413
5.
Reserve Strip -remains
Unchanged
6.
DPW Stred Trees
Next Section
7.
Lot Line reconfiguration per fax to John of 2-20-98
2A
8.
Water facilities
Next Section
9.
Sewer Facilities
Next Section
10: _
C13..=3A to be moved outside drive
3A
DPW Comments:
1. Tipping Sleeve & Valve notation 3B
2. Eliminate newer drops into SMH's 4B
3. Insect symbols at PC's & PT's 2A
4. Remove Sidewalks 3A & 3B
Planning Comments: 2-20-98 meeting / Issues letter
1.
Defined the parameters of what the applicant is looking for
Completed
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
S.
WPI & AIM letters on Watenhed
Submitted -Impact Study
6.
A. Recommendations -leaching pits move outside 150'
Completed 3A
7.
B: Lawns-outaW 100'_.
Completed 3A
8.
C. Detention Basins- all outside 75'
Completed 3 A
9
Zoning Board of Appeals clarification meeting
Submitted new App.
10
Site Walk w/ Planning Board
Completed
Planning Comments at the 2-20-98 meeting
1.
2.
3
4
5.
6
7.
Change note to reflect 250'400' Watershed Buffer limits Sheet l -Cover Sheet
Drainage under 136.B.ii under SP Submitted
Wetland Lines -Through RDA process Approval through NO] proce3s
Floodplain reference- Not in FEMA Floodplain maps See attached sheet
Roadway width of 22'/ request to 24' w1 removal of sidewalks By Applicant
Remove sidewalks Completed Ref 4C
All changes to be completed prior to Plan Endorsement Condition of Approval
, t^ ..,.. Sheet
I think I have addressed all the issues presented and would be happy to answer any questions you may
have. 1 really appreciate the assistance in getting the information prepared for the Zoning Board of Appcals
and setting up the meeting on the 250' of February.
Respectfully submitted,
Elmer A. Pease, 11 CPM, EA
Owners Representative
Cc: Erik Heyland
Ken Grandstafi
Michael Gcrgtcin
t=iXiiii�lT �� �
Planning Board Meeting
DPW Conference Room
April 7, 1998
Members Present:
Richard S. Rowen, Chairman, 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 agreed 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, 1998.
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
eX 141 F►T \C., 600-0006D
Winter Street - Form -A
Joe Serwatka of Hancock Engineering was present to represent the applicant. Ms. Colwell stated '
that this section of Winter Street is not 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 father 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
cxHIpIr'Gt e4ovw
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 until April 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. Ms. 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 in to 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
E %��r G46IJ1
I
'
ponds were. Mr. Soucy stated that one is 30' x40' 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 Cricket 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.
Laudani stated that they are planning on putting 4' terrace walls in the back of the properties. Ms.
Colwell asked what the highest retaining wallis. 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. Nardella, 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
Ex14113lr G 60IJnAlu6'P
Lot 2A Orchard Hill Road - site plan review
Steve Webster of Bay IEII 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
a
Any appeal shall be filed
date of filing of this Notice
within (201 days after the
in the Office of the Town Clerk.
NAME. MPG Realty Corp.
ADDRESS: 11 Old Boston Rd.
Tewksbury, MA 01876
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
�jCff!}Ir' Ill
RE 3 C; N' :'D
,iOYCE SRAf�SHAW
TOWN CURK
NORTH ANDOVP.R
APR 21 12 of Phi 'y8
NOTICE OF DECISION
Property: Dale St., Map 376, Lot #1, (Berrington Place)
DATE: 4/15/98
PETITION: 010-98
HEARING: 4/14/98
The Board of Appeals held a regular meeting on'Tuesday evening. April 14, 1998. upon the application
of MPG Realty Corp., 1 1 Old Boston Rd.; Tewksbury, MA 01876, requesting a V2riance for said
premises located at Dale St., Map 37S. Lot 'I, (Berrington Place), North Andover, MA from the
requirements of Sectior; 4, paragraphs 136.2 tt,)) & (iv): 136.2(1; ; 136.J " Table "' (d?,, c.ab „ 1 &2 to build a
roadway with a!! recuirec details within the 75' conservation zone, in R*-, ronin^ DistriC,
The followi^c member` were present: Walter F. Soule. Raymond `Jivenzio. Scott Karpinski. Ellen
McIntyre and George Earley.
The hea ing was advertised in the Lawrence Tribune on & 3/^1!9 8 4!7!'08. 8. and al abutters were notified
by reguiar, mai!.
Upon a motion made by 1%Jalter Soule. who removed nimsel` as acting chairman for this vote. and
seconde- by'George Eariey, the Board voted to deny a Variance seeking relief from Section 4. P. 136.2
(b) & (iv): I H.2 (`): 36.3 (d), to build a roadway with all required details within the 75' conservation
zone. or the basis t~at the petitioner failed to show sunstantia"hardship. flinanciai o, otherwise, relating
t: unipue so;; conditions. re!atino to Shape, or topography of ;and, as recuireC under Chapter 40A.
Section. -.0 of the Genera; Laws and Sem ion 1C.4 of the Zoning Bylaws. Voting in favor of the denial:
Walter F. Scule, Raymond Vivenzio. Scott Karpinski. Ellen McIntyre. George Earley.
9JAnED APPEALS
Raymond enzio, actin Cha/firman
-3A'alter Soule. Zoning Board of Appeals
/decoct2
6-mair &'
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
6-m/oir�&( �odTW(lav
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
9VHefr 60krr
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
of general circulation covering the town once in each of two (2)
134
'.own of North AndoverORT
OFFICE OF o� °4 •H�"
COMMUNITY DEVELOPMENT AND SERVICES .
27 Charles Street • =
WILLIAM J. SCOTT
North Andover, Massachusetts 01845 �, 5
9SSgcHuse��
Director
(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 68R-9535
ti.
.,tf
J. SCOTT
�'�Director
(978)688-9531
own: of NorthAndover
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
Mr. Richard S. Rowen
Chairman, Planning Board
27 Charles Street
North Andover, MA 01845
Dear Mr. Rowen;
27 Charles Street
North Andover, Massachusetts 01845
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,
Raymond Vivenzio
Acting Chairman, Zoning Board of Appeals
J
1 -Derr G
t
A
# t&=zY
• o
,SS^GHUSEj
Fax(978)688-5542
BOARD OF APPEALS 688-9541 BUILDING 683-9545 CONSERVATION 683-9530 HEALTH 683-9540 P`LjU WING 6%%-9535
NORTH ANDOVER
OMCE OF
THE ZONING BOARD OF APPEAL
/ CHAR -I ES S TRE
NORTH' AN -DOVER, ivLL,.SSnC'—H Sc-iS 0 i
t (9-/ S) 633-9�
Notice is hereby given that the Board of Appeals will hold a public hearing at the
Senior Center, 120R Main St., North Andover, MA on Tuesday the 11th day of
May 1999, at 7:30 PM to all parties interested in the appeal of MPG Realty Corp., 11
Old Boston Rd., Tewksbury, MA., for premises at: Dale St., Lot #1, (Map 376,
Berrington Place) North Andover, requesting a Variance from the requirements of
Section 4, P 136.2 (b) .(iv), 136.2 (f), 136.3 (d), of Table 1&2, and under Section 10.8 for
a Repetitive Petition hearing in order to construct a roadway with all required details
within the 75' conservation zone.
Said premises affected is property with frontage on the North side of Dale St., which is
in the R-1 Zoning District.
Plans are available for review at- the Office of the Building Dept., 27 Charles Street,
North Andover, Monday through Thursday, from the hours of 9 -AM to 1 -PM.
By Order of the Board of Appeals,
William J. Sullivan, Chairman
Published in the Eagle Tribune on 4/27/99 & 5/4/99
Legalnov/21
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I CIGI 60364128e2!
To: Zoning Beard of Appeals
Town Hall
120 Main Street
North Andover, MA 01845
PD ASSOC-TATES
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T 0 W H 0 L K
NORTH ANVQVER
DATE: A 17 AM 4�6
�guG 2
Please be advised that I have agreed to waive ft bnw constraints for the zoning Board or
Appeals to make a decision regarding the granting of a VARIANCE for property toe-,ated at.
Name: BerbnP-t0n Place NIAR 37B - L I
Street: Vale stmt
TownNorth AndOct
ell
Signed:
{Petitioner's representative) Elmer A. Pease, 11
cc: Town Cleric
08/11/98 13:02 TX/RX N0.0942
PACTE F�i
P.00i
Ea81ZCi;!Z4�+4 ZZ:Ct6 6+J�57Z+38+3? PD ASS=u=;IATSS PAGE +=aZ
PD Associates, LL C
,Real Estate Consultants
1600 Candia Roam Suite #7, Manchester, NH 03109
August 10, 1998
Zoning Board of Appeals
Town of North Andover
146 Main Street
North Andover, MA 01845
TelepJkoire A'(603)641-82#0
Facsimile #:(603)661-88112
Re: Application for Repetitive Hearing/Variance - Dale Street —
Map 37B -Lots #1 thru #8
Via Facsimile: 1-978-688-9556/Original to Follow
Dear Mr. Chairman:
AUG I 1 1998lilt
We recently received notification from the court regarding the appeal filed for our
Definitive Subdivision known as Berrington Place. The court dismissed the appeal, thus,
allowing, us to proceed with the signing of the mylars and scheduling of the Planning
Board Repetitive Hearing,
The Planning Board is not able to schedule us on the August agenda, however, set the 2"d
of September for our Repetitive Hearing date. In light of this fact, we respectfully
request a continuance until your next September hearing. This will allow us ample time
to meet with the Planning Board prior to the Zoning Board of Appeal hearing in
September,
If you have any questionjs and comments, please feel free to call,
ResppeeQctful_ly submitted,
Z
Elmer A. Pease, 17 CPM, EA
Owner's Representative
EAP/sp
cc: Michael Gerstein
Kenneth Grandstaff
C-
M M
-
MM
a
aM i
'Z-'_.
C.0
08/10/98 11:08 TX/RX N0.0908 P.001
�c.
huf,;��J
DATE: 0/' l �U
To: Zoning Board of Appeals
Town Hall
120 Main Street
North Andover, MA 01845
Please be advised that I have agreed to waive the time constraints for the Zoning Board of
Appeals to make a decision regarding the granting of a VARIANCE for property located at:
Name:��g��
��
Street: ,(�!f Sf 37� '�•/� n �N RC�
Town:
Signed:
etitioner (or Petitioner's resentative)
cc: Town Clerk Un ( A Uy vs .per -,Y-41&
3u
Town of North Andover
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
WILLIAM J. SCOTT
Director
(978) 688-9531
Mr. Richard S. Rowen
Chairman, Planning Board
27 Charles Street
North Andover, MA 01845
Dear Mr. Rowen;
27 Charles Street
North Andover, Massachusetts 01845
U
APR 51999`
BOAR® OF APPEALS
6IS�
Fax (978) 688-9542
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,
::
Raymond Vivenzio
Acting Chairman, Zoning Board of Appeals
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
ar
Town of North Andover
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
. 27 Charles Street
North Andover, Massachusetts
WILLIAM J. SCOTT
Director
(978)688-953]
Mr. Raymond Vivenzio
Acting Chairman, Zoning Board of Appeals
27 Charles Street
North Andover, MA 01845
Dear Mr. VivenAo
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 thattheapplicant
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 wrifing before April 4 it would help us property address the -request for
Repetitive Petition
Thank you for your time. -.
Sincerely,
Richard Rowen
Chairman, Planning Board
(978)688-9542
Post -its Fax Note7671
Date , /S 9p paoged'
pp
To % Q -U /✓P��G i(�
From.lt l2tia"/,
Co./Dept. U
Co. " G
Phone #
Phone #
f`esd, j
Fax # 7d 77 , Gi,'I�
(( !�(�
Fax # �/?'P 0/Jig �S
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Any appeal shall be filed
date of riling of this Notice
within 1201 days after the
in the office of the Town C:erk.
3 �
� a
TOWN OF NORTH ANC'OVER
MASSACHUScTi S
EOAF 0 OF AFFEALS
jol"CE ER :d AW
TOWN CLERK
NORTH ANDOVER
A,1 Z 1 12 01 P� `�8
NOTICE OF DECISION
Property: Dale St., Map 37E, Lott, (Eerrington Place)
NAME: MPG Realty Corp. j CA. T E: 4/15/98
A.DCRESZ. 11 Old Boston Rd_ PETITICN: 010-98
Tewksbury, MA 01376 I HEARING: 4/14/98
Tne Eoard of Appeals he!d a regular meeting on'Tuesday evening, April 14, 1998, uccn the appfic�lticn
of MPG Realty Corp., 11 Old Bos cn Rd., Tewksbury, MA. 01376, requesting a Variance for said
premises located at Dale St., Map 3713, Lot #1, (Berrington Place), North Andover, MA from the
requirements of Section 4, paragraphs 1362 (b) & (iv); 1362 (f); 136.3 (d), of Table 1&2 to build a
roadway with all required details within the 75' conservation zone, in R-1 Zoning District,
The fcllowing members were present: Walter F. Soule, Raymond Vivenzio, Scott Karpinski, Ellen
McIntyre and George Earley,
The heanng was advertised in the Lawrence Tribune on 3/31/` 8 & 4/7/988, and all abutters were notified
by regular mail.
Upon a motion made by Walter Soule, who removed himself as acting chairman for this vote, and
seconded by George E2rtey, the Eoard voted to deny a Vanance see,�ing relief from Section 4, P. 1362
(b) & (iv); 136.2 (f); 136.3 (d), to build a roadway witfi all required details within the 75' conservation
zone, on the bass that the petitioner failed to show substantial hardship, financial or oti ierwise. ret, --ting
to unique soil conditions, re!ating to shape, or topography of land, as required under Chapter 40A,
Section 10 of the General Laws and Section 10.4 of the Zoning Eyiaws. Voting in favor of the denial:
Walter F' Soule, Raymond Vivenzio, Scott Karpinski, Eilen McIntyre, George Earley.
ECARD CF AFPE4LS
Raymcnd Vhienz!c, ac=ing Ctiairman
=Halter Soule. Zoning Eoard of A.opeals
/deccct2
Anv appeal shall be filed
date of filing of this Votice
within f201 does after the
in the Cffice of the Town Clerk
3 �
c
JOYCE E i' a ,W
TOWN ^LER
NORTH ANDOVER
TOWN OF NORTH ANCOVE:i
MASSACHUSET'iS
EOARD OF AFFEALS
21 12 01 F� `Ja
NOTICE OF DECiSIGN
Property: Dale St., Map 37E, Lot ,, (Eerrincton Place)
NAME: MPG Realty/ Corp. DATE::. 11'15;93
aDCRES'S: 11 Cld Easton Rd. PETITiCN: 010-93
Tewksdur/, iv1A. 0137E HEARING: V1.1/93 I
The Eeard of Apceais e!d a re^ular meetine on'Tuesday eveninc, A.cnl 1-1. uccn the acciicaticr
of MPG Realty Corp.. 11 Cld Eos:on Fd., Te`.vksbur/, MA 0137E, recuesiinc a Variance for said
pre: ices Icc:-,ted at Dale St., Map 37E, Lot m1, (Eerrington Place), Nor-th Andover, NIA from the
re uirements of Sec'icn 4, paragraphs 136.2 (b) u (iv); 136.2 (f); 13E.3 (d), of Table 1,7-2 to build a
rcad'Nay with all required details within the 75' conservation zone, in R-1 Zoning Dis,nlct,
Tine fcliew ric memcerz were Present: Walter F. Soule, Foymcnd Vivenzic. Sccct Karpinski, Ellen
Mc!ntyre and Gecrge Earley,
The heonne was adve :iced in the La`Nrence Tribune on 3/31/03 u a/7/98, and all ccutierz were netined
by regular mail.
Upon a motion made by Walter Soule, who removed himse'.f as ac:ine c^airman for this vote, and
seconded Ly Gecrce E rley, the Eoard voted to decry a Variance seekinc relief from Section 4, P. 136.2
13fi.2 (1-, 139.3 (c), to build a macway with ail required cetalls wltiiin the TS conservaiien
Zone, on the basis i~ai the petitioner failed to show sutsiantlal haresiifp. `1nanc2i or othe^Nise, re!clind
to unicue soil conclticn5, re!atlnc to space, or tocography of land. as required under C~acter 4CA.,
SecaOn 10 of the General Laws and Section 10.4 of the ZPning Cyiaws, Voting in laver of the denial:
Walter F Soule. F.aymcnd Vivenzt, Scott Karpinski, Ellen Mc;ntyr. Gecrce Earle,i,
ECARC, CF
c
Pavncnc �i`<✓en�:c. ac_inc C.ain�an •�""`'-`
�'a;ter Scuie. %-:ain� Ecarc ef;`cceals
/deccc-,2
C HEARING:
Patricia S. Fernandez
72 Russett Lane
Attorney Susan Craighead was present to represent the petitioner, she presented a
copy of an overview explaining the request for a variance and a special permit (for the
record) . Raymond Vivenzio read the legal notice. The primary issue is that the
addition of a library and storage area will have to meet the current requirements
regarding setbacks. The relief requested of a side setback and street frontage IS
because this is the only spot for the addition as the septic is on the other side of the
house. Walter Soule asked if anyone was present in favor, no one was present.
Walter Soule asked if anyone was present in opposition, no one was present. The
Board disc::ssed the variance requirements, and the special permit request and agreed
to vote. Upen a motion made by Scott Karpinski, and seconded by Raymond Vivenzio,
the Board cf Appeals voted to Grant a variance requested from the requirements of
Section 7, paragraph 7.2 & 7.3 for relief of 25' street frontage, and side setback of 3'
and to grant a special permit as requested to add an addition of a library and storage
area, to an existing non -conforming lot. Votina in favor: WFS/RV/EM/SK/GE.
PUBLIC HEARING: .
Sprint Spectrum L.P.
Boston Hill
® The petitioner was not heard as there were not enough Board members present to take
a vote tonight. Atty. Scalise and the Board agreed to continue this petition until next
month.
PUBLIC HEARING:
MPG Fealty Corp.
Dale St., Map 37E, Lot #r1.
Raymond Vivenzio said that hearing this petition tonight could be a problem as he will
not be present next month should this become a continuance. Walter Soule explained
this to the petitioner, as this could run over tonight. The petitioner decided to proceed
tonicht.
Raymond Vivenzio read the legal notice. Atty. Michael Gerstein was present to
represent the petitioner, MPG Realty Corp. This is a request for a variance to develop
a roadway within the 75' Conserva'ton zone, so as to eventually build an 8 lot
residential subdivision. This originally started with the Conservation Commission`
when an order of condition was received, and went to the Planning Board where the
public meeting has been closed. The question is whether there is an issue of
applicability for the ZBA to even make or render a decision because he is dealing with
an access to build a roadway within the 75' conservation zone. Under Section 4.136 2
if it applies to lots recorded and registered after Oct. 24, 1994. Atty. Gerstein stated,
there is a question as to whether the ZEA would have to rule on this because he is
dealing with a lot that has 2 existing driveways, one of which provides access to the lot.
If a variance would be requested then it would become a ZBA matter, but because the
lots in question were created prior to the effective date of the law, that it may not be
r%de applicable, he is here to represent the applicant, also the owner is here to represent
the Smith family, and this land has been in the Smith family since March of 1960.
There are 2 existing driveways with culverts, one is currently used to. provide access to
this property, in 1957 there was an approval of a sub -division using these exact same
access points. This is a request to use these access points, there is no'nther
reasonable use or reasonable access points to this property. The hardship would
occur because of the shape of the lot and the access points as they are, this would
constitute the hardship.
Elmer Pease. a Consultant, presented in favor of this petition. Mr. Pease indicated what
areas (color coded) were within the Conservation Zone, and he indicated the areas he
is dealing with tonight and where the water line complies with the special permit
provision under 4.136, 1, 1. He pointed out the beaver pond, and the Town Farm land,
and where the wetlands are located. He referenced where the vehicle traffic would
take place. Walter Soule asked where the water would run off over the property?
Elmer Pease pointed out where the wet lands were and where the culverts were.
Walter Soule questioned where the water ends, relative to the watershed line, in
reference to the bylaws. Mr. Pease pointed out that he is asking for a variance to use
the property through one of the two access points that currently now exist. There are
wetlands all around the area, and most of the homes fall within the 75' conservation
®' zone as pointed out on the map.
Jeffrey Smith spoke, he is the Guardian of his mother Mrs. Gwendlyn Smith, (submitted
a letter for the record), stating that he is in favor of the variance being Granted to MPG
Realty, his mothers estate would benefit from the funds received by the transaction
from Mrs. Smith to MPG Realty as it would help pay for her care as she has a
debilitating illness.
Kerry McCcilister, 206 Dale St., is an abutter and was present to speak regarding the
beaver lake situation. Kerry said the beaver lake problem has evolved over the last 10
years and he has been delegated to manage the lake as the problem has been put in
his hands. He is here to speak as to whether the sub -division will make matters worse
relative to the beaver lake problem -....-He wants to control the lake as he feels it is a
major concern for the entire community. He is in favor of the sub -division.
Dave Rand. 280 Dale St., spoke next, he lives on the back side of the beaver lake, and
he is the only person eligible to touch the lake. He has worked to get a permit to do so,
and the beavers are encroaching on the surrounding property. Every morning he takes
out 5 beaver dams and every night they are put back. He has a permit in his hand and
if anyone disturbs a wetland there is a $25,000.00 fine. Since the request. for the
variance, he has learned that the dry retention areas on the bottom of Bear Hill do not
Al
Prarered
m.
s a
c system
work, and he feels that someone haBeamHel flowswith
ntoehe isThere
notlin favo?oif granting a
located there where the water from
variance to put in a roadway. He has a set ofretention
plans
for dr s backyard,
a on ear Hill
and every drop of water from Bear Hill runs
Raymond Vivenzio asked why he said someone tampered with the wetlands, it might be
a sample of bad engineering? Mr. Rand said that he has informed all of the Boards in
Town of this problem. A letter from Ms. Shelly Shuman, 130 Marbleridge Fid. an
abutter, was submitted to the Board on her behalf as she was unable to attend the
osition to the variance for MPG Realty as she now finds she has
meeting. She is in opp
water in her cellar, and she feels it is because tofthisahe doesn't want anyone to build
in the area and tamper with the topography
P�� �
Raymond Vivenzio read a letter from Kopeiman and aice to Kathleen Bradley Colwell
regarding Berrington sub -division, relative to Watershed, Conservation Committee,
(letter for record).
�
with Ben Nutter Associates, was present to represent
Timothy Ippolito, intern Architect
Maria Dowd who is an abutter, 128 Dale S
` His concern is the request or the roadway
be built by MPG, will
being built adjacent of Ms. Dowd's property, if a retaining
ida in wall will
Dowd's property?
co
�j depression whet.. the water_
�I de re
this cause G natural
How much will the amount of fill be done on the site and how it will erect Ms. Dowd's
ect lateral displacement on any of the water that is continually
property? How will this of
•
rising?. There is a drainage issue because of the beaver problem. The issue of fill and
snow plowing forming sediment in a culvert located on Ms. Dowd's property needs to
ible for the snow removal from her properly put
be addressed and who will be respons
Walter Soule asked if Mr. Ippolito
there by the snow plow removal from the roadway.
is tie.
tto the Planning Board yet, Mr.
presented IppolGo had not at inhut available fromd
his the
Vlvenzl0 suggested that it would be beneficial tog t some. any p
DPW.
The issue was raised by Walter Soule to the petitioner that they should think th outto
whether they would be in the mood for a continuation for 2 months, he asked
think about the question because some of the Board may not behe here next month, and
they could be hard pressed to bring in a decision next month because of this.
Elmer Pease spoke regarding the beaver problem and Bear Hill run off issue and that
"ginning Board this week. The Planning.Board thru
this issue came up in front of the PI
letters of the Engineer that they hired themselves, along with the storm water
management practices that they are required to follow, and approved by the
Conservation Commission, thru order or conditions, have been aggressed. Mr. Pease
notified regarding Bear Hill. The Planning
addressed these concerns as the DPW was
Board does, t want to render their decision until they are sure MPG has anon -
applicability issue or a variance from the LBA. The issue regarding applicability and
does the roadway approval fall before 1994 or after 1994, is still an issue that needs to
7
that it is
pe addressed t
onicht. Mr. Pease said that after the Board ha the issue of hardship is
applicable, and finds that a variance is granted, he said
apparent.
raised the question why MPG didn't come to the ZBA first, before
Raymond Vivenzio applicability issue at that
Qin, Mr. Pease said it was an apP ppllcable, he is not
going to the Planning Board . A9� access issue is a
time. Mr. Pease personally feels that the roadway " re_1 Gq4 250' non-
1 "therefore he feels it falls under the p
asking for it to be a' of , art of his requQ.st is to
QG4 or the pest-1,994? He is
+ot' and not the 75 Conservation. s P�
disturbance zone a roadway) falls under the pre-190-4,
legally decide if the access ( _d and he i.. try
ing to accommodate
here tonight on behalf of the Planning Boa.
a mond Vivenzio informed Mr. PeasC that it was
everybody. Walter Soule and R y
on the petitioner to present to the ZBA his arguments either tot e
incumbent up applicable than what are his
applicability, or non-applicability, and then if it i
arguments in respect to a variance and where is the hardship. n and
9
applicable because of the driveway in gUe..t,o
It is MPG's opinion that this is not applicabl b
s.
because of the clear meaning of the p
�
ussion between the abutters and the Board regarding the beaver
There was more disc,
sin has an appeal into the
problem and that Mr. Rand advised the Board than Mr. Kapa�
State regarding the problem.
- o said that there may not be enough ZBA Board membe, s Present to
Raymond VNe,rm quorum Because of this Scott
make a decision by PGtw °nd like to withdrin order to aw without prejudice tonight, and submit
Karpinski asked if M resent next month to
another apP
lication next month as this would allow the members present ss d that
vote as they would be counted as newly voting members c the Board notknowhow they
they were not ready to vote on a decision this evenin his ar ument relative to
felt regarding t'r ,is petition tonight. After wrapping up g e-aIt said they wanted
applicability rec.uesting a variance, the representative for MPG R Y
PP
a decision made tonight.
L^j. e41t what he w!:' the Board to
��n ative for MPG R.." y that lication
Walter Soule asked the repres representative said than PP
LTable 1 is not applicable. Walte-r
say tonight regarding a decision. Theunde 4136 2(f) ? 2. WFS has the
submitted for a variance req you withdraw without pre,udic= .
stions, 1. Why don't y
Soule had 2 c' e e a motion, but to pass the gavel to the Vice Chairman, and WFS
authority, not to mak.
will make the motion.....
f Table 1 applies; yes or
�r �tive from MPG conferred with his collGag 6 2to dec'de what to do
The represe. (f)
tonight. He is asking tonight if the Board will rule of 1
no.
8
Mr. Ippolito said that the applicability issue does apply as this is a lot in its entirety and
erty on 128 Dale St. are different than the map for the
the lot line as shown on the prop
�.� deed.
Pursuant to this, upon a motion made by Walter Soule who removed himself as acting
chairman for this vote, and seconded by George Earley, the Board voted to deny a
variance seeking relief from Section 4, P. 136.2 (b) & (iv); 136.2 (f); 136.3.(q), to build a
roadway with CII required deta'is within the �5' conservation zone, on the basis that the
petitioner failed to show substantial hardship; financial or otherwise, relating to unique
soil conditions, relating to shave, or tvpoaraphv of land. as required under Ch\ pteF in
dOF.. O Of the General Law- -}
favor of the denial, WFS/RV/SK/EM/GE.
Vivenzio and seconded by Ellen McIntyre, the Board
Upon a motion made by Raymond
voted to adjourn the muting at approximately 11:1 OPM.
ml/aprilmta
S.
from the desk of
Mary Leary-Ippolito
M -E -M-0
e 2KL
TO:
DATE:
ZXI;
_C
Ul
URBELIS, FIELDSTEEL & BAILIN, LLP
155 FEDERAL STREET
BOSTON, MASSACHUSETTS 02110-1727
THOMAS J. URBELIS
E-MAIL: tju@ufb.com
Mary Leary Ippolito
Zoning Board of Appeals
27 Charles Street
North Andover, MA 01845
Telephone 617-338-2200
Telecopier 617-338-0122
April 15, 1999
Andover Office
26 Chestnut Street
Andover, MAO 1810-3600
Telephone 978-475-4552
Please Send Correspondence
To Boston Address
Re: MPG Realty Corp.
Vs: North Andover Zoning Board of Appeals
Land Court Misc. No. 247838
Dear Ms. Leary-Ippolito:
Enclosed please find a copy of Plaintiff MPG Realty Corp.'s First Request
for Production of Documents to the Defendant. Could you please provide me
with the requested items by April 27. Please call if you have any questions.
TJU:jeh
Enclosure
s:\wp5l\work\n-mdove\mpg\ippohto.lbr
Very truly yours,
i
Thomas J. U`btelis
COMMONWEALTH OF MASSACHUSETTS
Essex, ss.
MPG Realty Corp.
V.
Walter F. Soule, Raymond
Vivenzio, Scott Karpinski,
William Sullivan, Robert
Ford, John Pallone, Ellen
McIntyre, and George Earley
as members of the Town of
North Andover Zoning
Board of Appeals
l ECEIV
8w
,,,
�Q-F��PEALF
Land Court Department
of the Trial Court
Misc. Case No. 247838
PLAINTIFF MPG REALTY CORP.'S FIRST
REQUEST FOR. PRODUCTION OF
DOCUMENTS TO THE DEFENDANT
Pursuant to Rule 34 of the Massachusetts Rules of Domestic Relations �rocedure, you are
hereby required to produce for inspection and copying by Michael A. Gerstein, Esquire attorney
for MPG Realty Corp., documents and other materials which are in your possession, custody or
control as defined herein.
Such documents and other materials are to be produced at the offices of PHILLIPS,
GERSTEIN, HOLBER & CHANNEN, 25 Kenoza Avenue, Haverhill, Massachusetts on or
before thirty (30) days of the receipt of these Requests.
DEFINITION OF TERMS
A. The term "document" as used herein, refers to all written or graphic matter (whether
prepared by you or not), however produced or reproduced, in your actual or constructive
possession, including documents accessible to you upon your request and/or from your
agents, servants, employees, and trustees (actual or constructive), including, but not
limited to, originals (or copies where originals are unavailable) of. correspondence,
accounts, microfilm, telegrams, notes, memoranda, reports, contracts, agreements, and
bank statements, deeds, real estate statements, or accountings, bank deposit slips,
promissory notes, and mortgages.
B. As used herein, the term "related or pertain to" means refer to, relevant to, mentioned,
discussed, evidence, indicate, support, or in any way whatsoever have bearing upon
described subject.
C. All requests herein called for all documents and other material as requested which is in
your actual or constructive possession wherever said documents or other material may be
located, whether in your personal possession, at your residence, at any of your business
locations, or those of your agents, servants, employees, trustees, or relatives, or other
location, regardless of whether such documents pertain to your personal or business
affairs and regardless of whether involving you in your individual capacity, as an agent or
officer of a business entity of which you have an equity or proprietary interest, either
actual or constructive, or in which you have a beneficial interest.
DOCUMENTS WITHHELD
If any documents are withheld from production on the grounds of privilege, work
product, or other grounds, you are required, pursuant to Rule 34(b) to produce a list of such
documents (reasonably identifying them by description, date and author), and, with regard to
each document, a statement as to the exact grounds for withholding such document. Such list is
to be provided to Michael A. Gerstein, Esquire, attorney for MPG Realty Corp., on or before the
time specified in this notice for production of documents.
DOCUMENTS AND OTHER MATERIALS TO BE PRODUCED
�r
1. Copies of the minutes of the Board of Appeals meeting on April 14, 1998.
r PJ
2. Copy of the cassette of such meeting or verbatim transcript of such April 14, 1998 y
meeting of the North Andover Board of Appeals. ✓ Lri
u
3. All correspondence by and between the Defendant Zoning Board of Appeals and
Plaintiff or any representative or attorney of the Plaintiff regarding the subject property off Dale
Street, North Andover, Massachusetts.
4. All documents in the possession of the Defendant Zoning Board of Appeals with ✓
regards to the Petition for Variance requested by Plaintiff.
5. All plans, drawings and sketches of the subject site located off Dale Street, North
Andover, Massachusetts. _
6. All documents upon which Defendant will rely and employ at the trial of the above
matter.
Date: April (F , 1999 MPG Realty Corp.
By its attorney,
Michael A. Gerstein, Esquire
Phillips, Gerstein, Holber & Channen
25 Kenoza Avenue
Haverhill, MA 01830
(978)374-1131
BBO# 190040
CERTIFICATE OF SERVICE
I, Michael A. Gerstein, Esquire, hereby certify that on this day I served Plaintiff MPG
Realty Corp.'s Request for Production of Documents to the Defendant via first class mail,
postage pre -paid to Thomas J. Urbelis, Esquire, Urbelis, Fieldsteel & Bailin, LtP, 155 Federal
Street, Boston, MA 02110.
Date: April 4 , 1999
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URBELIS, FIELDSTEEL & BAH -IN, LLP
155 FEDERAL STREET Andover Office
BOSTON, MASSACHUSETTS 02110-1727 26 Chestnut Street
Andover, MA 0 18 10-3600
Telephone 978-475-4552
THOMAS J. URBELIS Telephone 617-338-2200 Please Send Correspondence
E-MAIL: tju@ufb.com Telecopier 617-338-0122 To Boston Address
May 27, 1999
Mr. Robert P. Ford
North Andover Zoning Board of Appeals
27 Charles Street
North Andover, MA 01845
Re: MPG Realty Corp. Repetitive Petition
Dear Mr. Ford:
You have asked whether the Zoning Board of Appeals ("Board") may conduct a hearing
regarding the repetitive petition filed by MPG Realty Corp. ("MPG") relating to the variance
application that was previously denied by the Board. Briefly, in my opinion, the Board may
conduct a hearing regarding the repetitive petition even though an abutter has appealed the
Planning Board's "determination. "
According to the fac"ts that you related to -its, MPG'filed'a repetitive petition pursuant to
Mass. Gen. L. ch. 40A, § 16 relating to the variance application previously denied by the Board.
Apparently, the Planning Board determined that specific and material changes existed between the
variance application previously denied and the current repetitive petition.
As a result, according to the provisions of Mass. Gen. L. ch. 40A, § 16 MPG properly
brought its repetitive petition before the Board to obtain its determination that the repetitive
petition contained specific and material changes.
Before the Board evaluated the merits of the repetitive petition, it was brought to the
Board's attention that an abutter filed an appeal of the Planning Board's determination that the
repetitive petition contained specific and material changes. Apparently, the Board was shown a
copy of the complaint filed in the Land Court pursuant to Mass. Gen. L. ch. 40A, § 17.
. You have asked whether, based on the current appeal of the Planning Board's
determination, the. Board may conduct a hearing regarding the merits of the repetitive petition.
In, thy opinion, the Board may hear -the merits of the repetitive petition -and make a
determination pursuant to Mass. Gen. L. ch. 40A, § 16 whether the repetitive petition contains
material and specific changes because the abutter's appeal of the Planning Board's determination
is premature.
w:\wp5I \work\n-andoveknpg\zba-ophon.Itr. doc
UKBELIS, FIELDSTEEL & BAILIN, LLP
Mr. Robert P. Ford
May 27, 1999
Page 2
MPG was required by Mass. Gen. L. ch. 40A, § 16 to obtain a determination by the
Planning Board that material and specific changes existed in the repetitive petition. After
obtaining the Planning Board's determination, MPG was then required by Mass. Gen. L. ch. 40A,
§ 16 to obtain the same determination from the Board.
Although I could not find any case law governing the subject, in my opinion, Mass. Gen.
L. ch. 40A, § 17 does not permit an appeal of the Planning Board's determination that the
repetitive petition contains material and significant changes because, not only is the Planning
Board's decision only part of the local pr o ss a, but the Planning Board is not the special permit
granting authority.
The statute states in relevant part that "any person aggrieved by a decision of the board of
appeals or any special permit granting authority ... may appeal to the land court department ....
Mass. Gen. L. ch. 40X § 17.
According to the repetitive petition for the variance, the special permit granting authority
is the Zoning Board of Appeals, not the Planning Board. As a result, Mass. Gen. L. ch. 40,4, § 17
does not provide an avenue for an aggrieved person to appeal the Planning Board's determination
when, as in this case, the Planning Board is not the special permit granting authority.
Furthermore, in my opinion, an appeal of the Planning Board's determination is of no
import nor is anyone aggrieved by it unless and until the Board (1) determines that the repetitive
petition contains material and significant changes, (2) conducts a hearing on the merits of the
variance application, and (3) determines that the re-application satisfies the elements of a variance.
It would unnecessarily foment litigation to permit premature challenges to the Planning Board's
determination.
Should ?Cit? li2ve addltiO ;al questions OT i01i<'•e'ii5, Blease do.not hesitate.to contact me.
Very truly yours,
TJU:jeh Thomas J. Urb
cc: North Andover Planning Board
Mr. William J. Scott
Mr. Robert J. Halpin
Mr. D. Robert Nicetta
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NORTH ANDOVER
OFFICE OF
THE ZONLNG BOARD OF APPEAL'�
CHARLEs sT.EE-
'\;ORTH A�NTDGvEZ. NtAssACHTUSE 1 s o i s
(978) 633-9�
Notice is hereby given that the Board of Appeals will hold a public hearing at the
Senior Center, 120R Main St., North Andover, MA on Tuesday the 11th day of
May 1999, at 7:30 PM to all parties interested in the appeal of MPG Realty Corp., 11
Old Boston Rd., Tewksbury, MA., for premises at: Dale St., Lot #1, (Map 37S,
Berrington Place) North Andover, requesting a Variance from the requirements of
Section 4, P 136.2 (b) .(iv), 136.2 (f), 136.3 (d), of Table 1 &2, and under Section 10.8 for
a Repetitive Petition hearing in order to construct a roadway with all required details
within the 75' conservation zone.
Said premises affected is property with frontage on the North side of Dale St., which is
in the R-1 Zoning District.
Plans are available for review at the Office of the Building Dept., 27 Charles Street,
North Andover, Monday through Thursday, from the hours of 9 -AM to 1 -PM.
OR
By Order of the Board of Appeals,
William J. Sullivan, Chairman
Post -it® Fax Note 7671
114- -ri. D
Date 10.
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Maria E. Dowd
128 Dale Street
North Andover, MA 01845
Tel: (978) 683-7641
May 18, 1999
Dear Zoning Board Member,
JXUN =31-0
BOARD OF APPEALS
As you may know, I have appealed a decision by the Planning Board to allow the
applicant, MPG Realty Corporation, to appear before the Zoning Board within two years
of the denial of a variance. It is my contention that the applicant has not made specific
and'material changes in the conditions upon which the previous unfavorable action was
based.
At the previous Zoning Board meeting, MPG Realty talked about the uniqueness of their
site. This is something that they talked about at the original hearing where they were
denied their request for a variance. The spokesman for MPG Realty is just rewording his
original thoughts so that they sound different. Also, the uniqueness of their site does not
constitute any kind of a change. It is still the same site with the same conditions as
originally proposed.
Also, the applicant made no mention of the items that the Planning Board based their
decision on and how these items are specific and material changes. A copy of the
Planning Boards decision is provided for your review. The applicant must now show the
Zoning Board, how the items that they showed as changes to the Planning Board, are in
fact, specific and material changes. All of the items that the Planning Board cites as
specific and material changes were never discussed by the Zoning Board as having been a
reason for denial. Some of these items are not even in the 75' Conservation zone, the area
that the variance is requested for.
Another important piece of information that the Zoning Board should take into
consideration is the fact that all the changes that the Planning Board declares as having
taken place after the denial of the variance, took place on or before March 4, 1998, prior
to the Zoning Boards public hearing. Please refer to the attached letter from PD
Associates, LLC to Kathleen Bradley Colwell. The Town Planner and the Planning Board
were working closely with MPG Realty and required that these changes be made prior to
the closing of the Planning Boards public meeting if MPG Realty wished to gain the
Planning Boards approval. At the Planning Boards public meeting on April 7, 1998, after
the Town Planner informed the Planning Board that all the required changes had been
completed, the Planning Board closed the public meeting, thus indicating acceptance of
the changes that were requested. MPG Realty failed to provide the Zoning Board with the
most up to date information as they are required to do.
Also, the applicant refers the Zoning Board to the case of Ranney v. Board of Appeals of
Nantucket 11 Mass.App.Ct. 112, 414 N.E.2d 373 (1981) stating that "cosmetic" changes
constitute "specific and material changes". This case dealt with proposed additions to a
motel, the changes involved issues dealing with lighting, sound installation and
landscaping which, while determined to be "cosmetic", were found by the court to be
specific and material. It is my understanding that the original denial for a variance in this
case was based on the fact that poorly designed lighting and noise buffers would cause
undue disturbance to abutters. The applicant addressed these issues in making the above
mentioned "cosmetic" changes, by altering lighting and increasing landscaping to act as a
sound transmission buffer.
Lastly, MPG Realty refers this Board to Massachusetts General Laws Chapter 40A,
Section 10, which states
"...owing to circumstances relating to the soil conditions, shape or topography of
such land or structures and especially affecting such land or structures but not
affecting generally the zoning district in which it is located, a literal enforcement
of the provisions of the Ordinance or Bylaw would involve substantial hardship,
financial or otherwise, to the petitioner or appellant, and the desirable relief may
be granted without substantial detriment to the public good and without
nullifying or substantially derogating from the intent or purpose of such ordinance
or bylaw."
Please refer to the enclosed document which addresses the detrimental affect this
development, as proposed, would have on my family, my home, and, my property.
Sincerely,
I -Mater /j&W(
Maria E. Dowd
RIA
Town of, North Andover HORT4
OFFICE OF ° ��
..a
o� ' °
COMMUNITY DEVELOPMENT AND SERVICES
30 School Street
North Andover, Massachusetts 018.5 �yJo.-; ;o :;• t
WILLIAM J. SCO -171 i -AcHus-� y
Director
NO J ICE OF DECISION
Any appeal shall be filled
within (20) days after the
date of filling this Notice
in the Office of the Town
=z
Clerk.
Date April 21, 1999
Date of Hearing MArch 16, 1999 s April 6, 1999
Petition of—MPG Realty Corp_ April 20, 1999
Premises affected Lot 1 Dale Street
Referring to the above petition for a special permit from the
requirements of the North Audov(-r Zonimi Bylaw Sert
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
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 Chief
Richard N<"iFdella
Applicant
Engineer
Josech V. Mahonev
Towns Outside Consultant
File ,
Plannina Eoard
Interested Parties
y
CONSERVATIOY - (')78) 688 9531) 1f E.\LTII - (97a) 6Ra-)5Jq
PL•1NNINC - (97a) b -)535
'31;11_DINC OFFICE - (978) 68S-)<45 "ZO'NjNt-; 130,Al2D OI' .\1'I'!{.V_S - O7'1) ba:f-)5a1 "IJb .`.1.Vv J i i:L::'I' 3
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Lot 1 Dale Street— Repetitive Petition
The Planning Board herein consents to allow the petitioner as set forth below to re -petition the Zoning Board of
Appeals. The petitioner is MPG Realty Corporation, l 1 Old Boston Road, Tewksbury, MA .01876. The petition
was submitted on March 12, 1999.
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 Appeals for a
variance from the requirements of Section 4. 136.2(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. v
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:
1. 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
Dn Associates, LLC -
T AL -F
Real Eswe Consultants
704 Londonderry Turnpike, Auburn, NH 03032
March 4. 1998
North Andover Planning Board
30 School St,
North Andover, MA 01945
Attn. Kathleen Bradley Colwell
RE: Dale Street Definitive Subdivision -Map 37B/Lot #1
Dew Kathleen;
Telephone #:(603)641-8200
Facsimile #:(603)641-8882
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 I have prepared
this letter in much the same way as the letter I submitted with the application.
Engineering Comments:
Sheet # or other
1. Names of Owner
1 -Cover Sheet
2. ownership of 86 sf piece tong Dale St.
2A -
3. Show existing grades on profile at 25' offsets
413 & 44C
4. Permanent Benchmark Nin Elev-Dale St. SMS
413
5, Reserve Strip -remains
Unchanged
6. DPW Street Trees
Next Section
7. Lot Line reconfiguration per fax to John of 2-20-98
2A
8. water facilities
Next Section
9. Sewer Facilities -
Next Section
OCH -3A to be;movcdoutside drive
3A
DPW Comments:
v 7� mgT-, iiipif on
gn
3B
2. Eliminate sewer drops into SMH's
4B
3. Insert symbols at PC's & PT's
2A
4. Remove Sidewalks
3A & 313
Planning Comments: 2-20-98 meeting I Imes letter
1. Defined the parameters of what the applicant is looking for Completed
2. Area within the Non -Discharge Zone by Special Permit Submitted
3. Non -Disturbance Zone by Special Permit Submitted
Lone -Submit f&'.,ZBX Submitted
S. WPI & A/M letters an Watershed Submitted -Impact Study
Completed 3A
7 C
Completed 3A
TT
,_ -Minz-131 boutsi&, Completed 3A
S.R. . i on
9. Zoning Board of Appeals clarification meeting Submitted new App.
10. Site Walk w/ Planning Board Completed
- - - - - - - - -
Planning Comments at the 2-20-98 meeting
1.
Change note to reflect 250'400' Watershed Buffer limits
Sheet I -Cover Sheet
2.
Drainage under 136.B.ii under SP
Submitted
3
Wetland Lines -Through RDA process
Approval through NO] process
4
Floodplain reference•- Not in FEMA Floodplain maps
See attached sheet
5.
Roadway width of 227 request to 24' w/ removal of sidewalks
By Applicant
6.
Remove sidewalks
Completed Ref 4C
7.
All changes to be completed prior to Plan Endorsement
Condition of Approval
8.
Sprinklers -in all houses
Shit 1 -Cover Shoot
I think I have addressed all the issues presented and would be happy to answer any questions you may
have. I really appreciate the as3istance in getting the information prepared for the Zoning Board of Apprals
and setting up the meeting on the 250' of February.
Respectfully submitted,
Elmer A. Pease, II CPM, EA
Owners Representative
Cc: Erik Heyland
Ken Grandstaff
Michael Gerstein
J
Maria E. Dowd
128 Dale Street
North Andover, MA 01845
Tel: (978) 683-7641
May 18, 1999
To Whom It May Concern,
ud
JUN 3 160
BOARD OF APPEAL
I am writing this letter because it seems to have become my only hope in avoiding a lifetime of
fear and worry. A residential subdivision has been proposed for the property behind my house. To
access this subdivision a road will be built, Berrington Place, adjacent to my property. The
location of Berrington Place is on the site of an old roadbed, Lantern Lane, which was originally
proposed and begun in the late 1950's, but never completed. To my horror, I have discovered that
Berrington Place will be built approximately two feet higher than the original proposal for
Lantern Lane and three and a half feet higher than what is existing. This is terrifying to me. On
my property, adjacent to what will be Berrington Place, is a large, wooded, depression that
collects water and remains a good size body of water for 10 to 12 months of the year. There is a
small, twelve inch, concrete pipe that is meant to prevent the water level from rising too high. In
the past, this pipe has become blocked and the water has backed up. If Berrington Place is built as
proposed, all emergency overflow from my property will be eliminated. Without the emergency
overflow, the health, safety and wellbeing of my home, my property, myself, and most
importantly, my daughter, would be put at extreme risk.
My parents, Donald and Angela Hillner purchased this property in 1957 with the assurance and
understanding that certain conditions would be intact, and remain intact, forever. Those
conditions have been in existence for nearly forty two years and should not be changed in any
way that could prove detrimental to everything my parents and I have worked and struggled so
hard to maintain.
I would like it known that I am not opposed to the development of this property, in fact, I would
like to see a responsible development happen here. My home sits on Dale Street just after a sharp
turn in the road, and, my driveway suffers from the natural deterioration of age. This makes
riding a bicycle and rollerblading, two of my daughters' favorite pastimes, very difficult. A new
subdivision at this location would provide a place for her to enjoy these activities in relative
safety. I am, however, opposed to any development like the one that has been proposed, that puts
everything I cherish at risk.
I beg you to please review the following information and not allow such an irresponsible proposal
to continue. The most important elements of my life, live or are contained on this property. Please
protect us from the hazards that are being proposed and the harm that will ultimately come.
Thank you.
Sincerely,
Maria E. Dowd
MPG Realty Corporation, a real estate development company from Tewksbury, MA, has
proposed a 7 -lot subdivision in North Andover called Berrington Estates. The property
for this proposal contains frontage on the North side of Dale Street (Map 37B, Lot #l,
Dale Street) and is located in the Watershed Protection District (See Figure 1 below).
In 1957, a real estate development company from Lexington, MA, Lantern Corporation,
proposed and began construction of a subdivision called Appleton Estates on this same
property. At that time, Lantern Corporation retained Ralph B Brasseur, an engineer from
Haverhill, MA, to layout the subdivision and engineer the new road. This road, called
Lantern Lane, was to have an access to the property between 128 and 158 Dale Street.
Figure is Location of Lot b 1 Dale Street
Page 2
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Figure is Location of Lot b 1 Dale Street
Page 2
In December of 1957 the parents of Maria Dowd, Donald & Angela Hillner, purchased
the home and property at 128 Dale Street (See copy of attached deed at end of document).
Construction had just been completed and this young couple fell in love with the home on
a soon to be, corner lot. They did, however, have one concern about the property. There
was a large depression that had been built as a stormwater retention area (See Photo 1,
below). This depression collects the stormwater runoff from a large portion of Dale Street
and the roof and front yard runoff of several houses across the street (See topography
drawing, Figure 2, Page 4). It does this through a catch basin on Dale Street and drainage
pipe that empties onto the property (See Photo 2, Page 5). The retention area has an
outlet pipe that was meant to pass under Lantern Lane (See Photo 3, Page 5). It was
designed to prevent the water level from exceeding a set maximum height. Their concern
was that if this outlet pipe were ever to become blocked, the water level would rise and
subsequently cause severe damage to their home and property. Donald and Angela were
given assurance by representatives of Lantern Corporation that precautions were taken to
prevent any such event from happening. It was explained that the engineering for the
proposed Lantern Lane was such that the road level would be low enough to provide for
emergency overflow if the outlet pipe did ever become blocked. Lantern Corporation
gave Donald and Angela a copy of the subdivision plan, which shows the grade
elevations and profile of Lantern Lane, as evidence and confirmation of this fact (See
attached, Letter of Confirmation 1). Donald and Angela knew then that this was the home
they would raise their family in and spend the rest of their lives in. When Donald and
Angela purchased this home, the subdivision plan showing the roadway alignment and
grade elevations of Lantern Lane was recorded with the Essex North Registry of Deeds as
Plan # 3442. Plan # 3442 is referenced on Donald and Angela Hillners' deed for this
house (See copy of attached deed at end of document). As it turned out, the remainder of
Appleton Estates was never built and Lantern Lane was never completed.
Photo 1: Stor nwater retention area at 128 Dale Street
Page 3
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Figure 2: Portion of topography drawing (From drawing by Allen & Major Associates)
Page 4 9
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Since Maria's parents, Donald and Angela.Hillner, purchased their home at 128 Dale
Street there has been an avenue for emergency drainage from their property. MPG Realty
Corporation intends to eliminate this avenue and greatly increase the risk of damage to
Maria, her daughter, her home and her property. Their proposal for Berrington Estates is
to build a road, Berrington Place, on top of, and wider than, the original roadbed for
Lantern Lane. MPG Realty Corporations topography studies show the centerline grade
elevation of Dale Street to be 189.00'. Their engineering for Berrington Place shows
centerline grade elevation to be 188.00'. This means that emergency overflow from 128
Dale Street, across Berrington Place, will be 1'- 0" below the elevation of Dale Street (See
Figure 3 below and Figure 6 on Page 8).
j \ — RETAININ
10 A— + . ( / WITH GU
! RETAINING WALL �' t TEF•
I j A WITH GUIDE RAIL I = 179.13TO
P OpOD EELLEV M 183.2 NT 0 YR182.57 A` 1S 8+15 !
1 py.,
.rVSTDEVELOPMENT 100 YR. -. O r
�1 CUT PIPE
?
1 ! `FLOOD ELEV.=183.1 � g_14 WALL AFTE
��. �TEMPOF{ARYiLgrE H SUPPORT SYSTEM / / HAYBALES !
TO BE1jEFT, IN P PORING CONSTRUCTION / ) LIMIT OF W,
41aU g-13
i6
P h / _
INFILTRATION BASIN SHL PE CONSTRU 1
PRIOR�TO CONS I UCTIQN Ofi TFIE ROADWAY g-11
TO :BE USED ASTEMPAR
ORY SEDIMENTATION BA RIP—RAP
1 ! \MERGF1JOY OVERFLOW
CONSTRUCJTION TAE BASIN' SHALL BE /
CLEAVE NO RESTORED \TO A`\CONDITON oJ� CONCRETE HEAD
1 ! _
T�COMPU \WIT}i �E\ PLANS SAND OTTOM ELEV.
SP . CATION / ,�R> ,y4 TbP ELEV. = 1 t
25' x 6-- CPIs (S
INV. IN ELEV.=18:
OPOSED,BefENTION
¢� ESHWT = 180.0
BOTTOM ELEV. =182 t
/. IDP OF BERM-ELEV.. _
[ s s 100 YR.,FCOOD_DLEV "
A/ PROPpSED �W RAP B
FES
;_
�`� \\\ �/�` •' ` V \ CNNECT T9' EXIS71NG WATE62
Figure 3: Alignment ofBertington Place, adjacent to stormwater retention area at 128 Dale Street (From drawing by Allen & Major
Associates)
When Lantern Corporation proposed the original Lantern Lane, they knew that
emergency drainage from 128 Dale Street was necessary. Their engineer, Ralph B.
Brasseur, shows the centerline grade elevation of Dale Street to be 97.00' (Because of a
different station point elevation). He also shows centerline grade elevation at the back
corner of Maria's property to be 94.00'. This means that emergency overflow from 128
Dale Street, across Lantern Lane, would have been 3'- 0" below the elevation of Dale
Street (See Figures 4 & S on Page 7 and Figure 6 on Page 8).
Page 6 ti
�• � ��_ � to
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F:'L _ptou �_2 aSS sx-
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Figure 4: Alignment of lantern Lane adjacent to Lot 17A, 128 Dale Street (From drawing of Appleton Estates by Ralph B. Brasseur)
• P20F1 LE
SCSLES- WOC. 1.100 VERT.1.10
Figure 5: Profiles of lantern Lane adjacent to Lot 17A, 128 Dale Street (From drawing of Appleton Estates by Ralph B. Brasseur)
Page 7
UJ
z
_,
liJ
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tL
I = IB2.57
EXISTING GRADE ELEVATION
BEHIND RETAINING WALL
TO BE MAINTAINED
GUIDE RAIL
J
O
Q
O
W
22' PAVEMENT
EXISTING GRADE
12" R( -N v;
m
0
TRIM EXISTING 12" R ;P
TO BE FLUSH WITH
RELAINING WALL_
SEE DETAIL BELOW
t�i�SEb La�TERI.I La.�IE
w
z.
PROPOSED GRADE -J
a'
w
a
EXISTING GRADE
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22' PAVEMENT
EXISTING GRADE
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TRIM EXISTING 12" R ;P
TO BE FLUSH WITH
RELAINING WALL_
SEE DETAIL BELOW
t�i�SEb La�TERI.I La.�IE
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PROPOSED GRADE -J
a'
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Figure 6: Section showing the difference in elevation of the proposed Berrington Place, the proposed Lantern Lane and the existing
grade (From drawing by Allen & Major Associates)
The present conditions of this area as recorded by Allen & Major Associates for MPG
Realty Corporation, show the centerline grade elevation of Dale Street to be 189.00',
however, the lowest point of the roadbed for Lantern Lane is grade elevation 184.50'
(See Figure 6 above). This places emergency overflow, since the existence of the home at
128 Dale Street (41+ years), 4'- 6" below the elevation of Dale Street. This is an
emergency overflow elevation that has been used at least once in the past 10 years and
possibly many more if efforts weren't taken prior to emergency overflow occurring (See
attached, Letter of Confirmation 2). It is unconscionable to allow MPG Realty
Corporation to place the emergency drainage elevation T- 6" higher than an emergency
drainage path that has been in existence as long as this home (41+ years) and proved to
be required for the health, safety and wellbeing of this home and property, and its
residents.
Page 8
13
,n
G
M
Figure 6: Section showing the difference in elevation of the proposed Berrington Place, the proposed Lantern Lane and the existing
grade (From drawing by Allen & Major Associates)
The present conditions of this area as recorded by Allen & Major Associates for MPG
Realty Corporation, show the centerline grade elevation of Dale Street to be 189.00',
however, the lowest point of the roadbed for Lantern Lane is grade elevation 184.50'
(See Figure 6 above). This places emergency overflow, since the existence of the home at
128 Dale Street (41+ years), 4'- 6" below the elevation of Dale Street. This is an
emergency overflow elevation that has been used at least once in the past 10 years and
possibly many more if efforts weren't taken prior to emergency overflow occurring (See
attached, Letter of Confirmation 2). It is unconscionable to allow MPG Realty
Corporation to place the emergency drainage elevation T- 6" higher than an emergency
drainage path that has been in existence as long as this home (41+ years) and proved to
be required for the health, safety and wellbeing of this home and property, and its
residents.
Page 8
13
In addition to eliminating the emergency drainage from this property, MPG Realty
Corporation has not been required to provide a minimum 30" culvert passing under
Berrington Place as required by the'Town of North Andover Laws Governing the
Subdivision of Land' (See Law below). It would be more difficult for a culvert of the
required minimum size to become blocked. A 30" culvert and lower road elevation would
help to insure that Maria Dowd, her daughter, home and property will remain safe.
12.) All drain pipe shall be a minimum of twelve
(12) inches and all if verts shall -be a
um o_f__ thirty -3.0) inches_ inside
dame er. All drainage pipes shall be
reinforced concrete conforming to
Massachusetts Department of Public Works
specifications for Class III pipe, as such
higher class as may be required by depth of
cover which shall be not less than thirty
(30) inches.
From the North Andover Laws Governing the Subdivision of Land'
This same document also states quite clearly that any new subdivision in North Andover
is required to adequately provide for the drainage of all stormwater that enters the
property prior to development (See Law on Page 10). The wetland surrounding this
subdivision is in a constant state of flux due to an ever-increasing amount of beaver
activity in lowland areas. The efforts of Dave Rand and Jim Rice are the only reason
flooding in this area has not progressed any farther. These two men remove beaver dams
on a daily basis. It is this constantly rising water level and threat of flood and loss of
property that has several residents quite concerned. MPG Realty Corporation has
provided drainage calculations that show post -development stormwater levels will be no
different from pre -development levels as required by law. North Andover's laws are more
restrictive, they not only require that the post -development stormwater levels be the same
as pre -development, but also require that stormwater is adequately provided for. This site
obviously does not adequately provide for the stormwater draining onto the property as it
exists today, therefore, if no changes are being proposed to correct the problem,
stormwater will not be adequately provided for post -development.
Page 9
f
N. DRAINAGE FACILITIES
1.) Adequate drainage of all lots and
improvements to the subdivision will be.
provided for. In no case will the natural
contour of the land be changed to direct
drainage onto adjacent land. rainage-7-_rom
"i -J a`"�ri *77�,;land"-wi_l_1--- -be __adequa __'Piy
accommoda£e�c The drainage system from any
subdivision will not create an adverse effect
on any other person's land.
From the North Andover Laws Governing the Subdivision of Land'
Please do not allow this applicant to continue with a proposal and subsequent subdivision
that will put the health, safety and wellbeing of two of North Andover's' lifelong
residents, and everything their family has worked so hard for, at risk. Please do not
condemn Maria Dowd and her daughter to a lifetime of fear and apprehension.
Page 10
LETTER OF CONFIRMATION 1
This is a letter to confirm certain facts that have been mentioned in the previous document. In the spring of
19811, Timothy Ippolito, spent a Sunday afternoon at the home of Donald and Angela Hillner and their
daughter, Maria Dowd (Hillner). Donald, Maria and I spent some time talking while Angela prepared
Sunday dinner. We had a wonderful conversation that continued throughout dinner about how both the
Hillners' and my family moved to North Andover from Lawrence and came to know each other. After
dinner, while Angela and Maria began to clean up, I accompanied Donald outside to sit in the front yard on
that warm spring day and continue our conversation. After talking for a while, I made mention to Donald
that it must be great to have a pond in their yard. I asked if there were any fish in it. Donald told me that
what I called a pond is really just a retention area for stormwater and that it is not deep enough to have fish.
He told me that some years it even dries out completely by the end of the summer. He also said that it
makes sitting outside late in the day quite difficult because of the mosquitoes. I asked Donald if the water
level has ever risen high enough to come up to the house. At that time Donald suggested I take a walk with
him to the other side of the retention area. As we walked he explained that their house was the beginning of
a subdivision called Appleton Estates that was started by Lantern Corporation, but never completed. We
walked to the end of the driveway and around the perimeter of his property. He showed me the catch basin
that collects stormwater from Dale Street and deposits it on his property. He showed me where the road had
been started to access the subdivision. He told me the name of the road was to have been Lantern Lane. At
that time we came to the other side of the retention area. Donald showed me the concrete outlet pipe and
explained that it was installed as the construction of Lantern Lane began and was intended to prevent the
water level on his property from getting any deeper than the bottom of the pipe. I thought it looked quite
small and asked if he ever worries that it will become blocked and cause the water level to get so high that
it floods his house and property. Donald told me that he did worry a little when we had a lot of rain or snow
and that he has had to clean the pipe on several occasions. As we walked back, Donald explained to me that
flooding was a major concern of he and Angela when they first looked at the house. He told me that before
they would purchase the house they required assurance from Lantern Corporation that they would be
protected from flooding should the outlet pipe become blocked. He told me that representatives of Lantern
Corporation explained that Lantern Lane had been engineered intentionally to allow for emergency
overflow over the road if the outlet pipe was blocked. Donald told me that Lantern Corporation gave him a
copy of the drawing that shows the road layout and grading as confirmation of this fact and when we
arrived back at the house he showed me this drawing. He showed me on the drawing the layout of the
proposed houses and he showed me what the profile of the road would look like and how the grade level
adjacent to his property was low enough that water would flow over it before backing up to their home. At
this time our conversation co cerning the retention area ended and we moved on to other subjects.
Timothy D. Ippolito
16
LETTER OF CONFIRMATION 2
This is a letter to confirm certain facts that have been mentioned in the previous
document. After Maria Dowd inherited her home at 128 Dale Street I, Timothy Ippolito,
was asked by Maria if I would help her to take care of her property. I have done this on a
regular basis since 1992 and as necessary prior to this. On several occasions I have had to
clean debris from the mouth of the outlet pipe to allow the water level to recede to an
appropriate level. Specific occasions were in the spring months of 1988, 1989, 1992,
1993, 1996 and recently during the winter of 1999. Most times there was just a small
amount of debris that blocked approximately half the pipe opening. However, in April of
1993, the pipe had become blocked when a large branch fell from a nearby tree during a
storm and landed in front of the opening. Smaller branches and leaves got caught up in
the limb and completely blocked the pipe. The water level rose so high that it began to
flow over the old roadbed for Lantern Lane. If this path for the water were not available,
the water would have caused severe damage to Maria's home and property. Also, this
winter, the winter of 1999, the water level again began to rise quite high from all the rain
that fell in January. A large piece of ice and snow became lodged in the pipe and only
provided a small space for the water to trickle by. The water never got high enough to
flow over the old roadbed because the problem was corrected prior to this happening.
Almost every year this outlet pipe needs some amount of debris removal to keep the
water free flowing.
/%
Cl.' �: Pr'I:w, •- ite 5tnmps
in :'tett .•. - —
ufiixt oa this '
in3truuu•Ia.
ti.artins BC
•' :.pct=:• .
$
PJ
j 3
oration with usual Place business
a-RtCSRP. , a Massa husetts corp
Middlesex County, Massachusetts,
Itk in Lexington,
f re,axvctGsi, for consideration Sts ntenantst tbyDtheLenC C.
HIL,*IFF bothand
ANr, LA :n. HILLN�I,
',�usband and wife,
=dassachusetts With quitrittim rz.Wntttti$
of Lawrence, Essex ounty, -
situated in North Andover, Essex
II,,,d;tt, with the buildings thereon,the
tZ7f.YrNOW7bZ1F,X"AMACOgG.71
,County, Massachusetts, on the Northeasterly side of Dale" Street, being
March 27, 19x7 by Ralph E. Brasseur,
shown as Lot 17A on a pk.aBgsen,idatad"Plan of Appleton Estates Dale
Street, North Andover, of Deeds as Plan
Engineer, recorded with Essex North JiboundedReg
andsdescribed as follows:
No. 3442, and accordingI
SOUTHWESTERLY by Dale Street, one hundred seventy and 46/100
(170.40) feet, two lines,
v,vSTERLY by land now or formerly of Cadogan by
twenty-n`-ne and 60/100 (29.60) feet and olio
hundred fifteen attd 0/10 (111r.0) feet49/100 (306.49)
NOi-T-HEAST :RLY by Lot 176, three hundred six -and
feet;a curve with a�
SCUTHEAST*-�HLY by a way shown on said plat,, by 20) foot
two hundred seventy-four and 20/100 (274•
radius, one hundred thirty-two and 3c/100 (132.35)
feet and by a line measuring ninety-four and 03/100
(94.03) feet; and
SOUTH::RLY by a curve with a twonty (20) foot radius, forming
the intersection of Dale Street and said way,
thirty-one and -42/100 (31.42) feet.
Containing 45,000 square feet, more or less, according to said plan.
The granted premises are conveyed together with the richt to use the
streets and wags shown on said DlanAndover;
for and subjectetorandor which with thebets
enefit
are used In the Town of 'forth andovr.r;
of easements, restrictions, avreements and reservations of record, if any
Insofar as the
there be, same :nay be in force and applicable. by deed of
Being n portion of the pre convlyr7 recordedo said cwithrsaldnReRistry Book
Ralph Crompton et Glx dated pril 2, 9 Jr. of ix dated April lo,
1r2 Pa -e 1�'!t; see also deed of Daniel ~.. '.-lo--en,
1951 recorded 'Book *131, Pare 306• colts x)XXxA&jtLx+d1C
�wo¢naaid:gm�taeca7KctRtxsuo! '�xst>x�a:u�lca�ltr�nt
K
ME
gl[Ifi!(MXXXXLXAXl &YjE3flX?l}QC U
1\ Y:IT"1ES3 P:H=F.�;1F, the said :aA"i :Y.'' '::)KP- has caused its corporate seal to
elivered
be hereto affixed and these pre, 1j. to be sip Jed; itsttPresident-anded arid dTreaL-.
�ts }tame and behalf by }.. ::.'IH :.ice..,
,urer�'�his 11th day of I.ecomber,
FF'or: aut?3ority, see vote recorded LANT :RN CORP.
ti. Ta:sexr ?ook 132, Pe^.e 305•) By: Q �L�.e aK n.►�,
.,� ., r nt
and Treasurer
Ar (IInmi fit i hitt t}nur
ss. ,
Boston December 11, 19
S57
c
FOLK
J. ,
Then personallyaPlxaraltheabovenamed 4E0' -0E H. VATH`3�-'N, JR., President and
treasurer, of LANT�""t (—,`RP.
wad aclawwIcked the foregoing instrument to be the
free act and deed/Defor me
Notal' PublioaS�alSolGEQkX.'tDG%T
Sty commission expires.-- ----• 1� —
LEU UC:\N. ?::.1• `.ICY Ct1I1LIC
\grit 26.1963
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07/13/1999 11:51 5086838968 JOAN I. GITLIN, MD PAGE 01
TRA�iSMITTAL
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fax IT, �
JUL 1 31999 v
-71141"
P aS, e
N1?-)saz'.
Im
Joan F. Gitlin, ]1.D.
XotLli kcdowr. `-L-IL 0l 3
(SOS) 633-77, ,0
Fum: (503) 633-3963
07/13/1999 11:51 5086838966
JOAN I. GITLIN, MD
LAND ORT
FiLED
99 JUL 13 00% 00
JUL-09-1999 FR1 09:32 AM MORRIS,ROSS19►:MYES
Mum. Ron, i H..a
A7l WW&S AT LAW
u cARXTMvr s+aez
1 ws0�[inntT�s ou+e 1
FAX NO. 9784740478
PAGE 02
P. 02/08
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, ss. LAND COURT CASE #
256374
MARIA E. DOWD, )
Plaintiff }
STIPULATION OF DISMISSAL
vs. )
MPG REALTY CORPORATION )
AND THB TOWN OF )
NORT11 ANDOVER, ET AL, )
Defendant }
NOW COMES the Plaintiff Maria Dowd and irovcs this Honorable Court to dismiss this
j matter w ith prciudice as this O day of .Tuly, 1999.
Dated: July )3, 1999 I'Yllt1_,c �_�L "W
Mafia E. Dowd
CERTIFICATE OF SERVICE
l l,cvc on itis dpy :amici z copy of said dam ss_1 tc INIPC Rcai:N
Tc,« -n of No::-J:.S.7dor:r.
&��-, i �jbga�
Maria E. Dowd r
tc.o
t.0
L4 NDRT
LED
99 JUL 13 Ali 10- go
JUL-09-1999 F RI 0932 AM MORRIS, ROSS I HAYES
FAX NO. 9784740478 P. 02/06
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, ss. LAND COURT CASE #
256374
MARIA E. DOWD, )
PIaintiff )
STIPULATION OF DISMISSAL
VS. }
MPG REALTY CORPORATION )
AND THE TO'WW OF )
NORTIi ANDOVER, ET A i , )
Daiendant }
NO',V' CON S tb-� r;a -;tir-i"Maria Dmv6 andr^ moves this Honorable Court to dis-;iss tea
-ila-i3e as t:l. �:s UaZ' or Tui), , I
Dated: July i3' 1999
1\1aiia E. Dowd
CERTIFICATE Or SERVICE
'i
r. o'
i
li
1
i
1 1044. s' nossi Fi HAYE$
ATTOWNCYS ai LAW
.1
32 CHECTN%fr VTREET .
' ,4/LT11Q^.r,VsCTis Ot BID
Maria E. Dowd
a
o -j
o --
e.�
JUL-09-1999 FRI 09:34 AM MORRIS,ROSSI&HAYES FAX NO. 9784740478 P. 06/06
JUL-09-99 85:02 AM AMER.RSEUVO&HIRSCH SOCIE 1 978 685 4488 P.04
1`
1 �f)
l y
July 9, 1999
;North Andover Board of Appeals
;Town of North Andover
Town Tull r
North Andover, MA 01845
I Re: Berrington Estates Subdivision
iGentlemen:
Enclosed you will find a copy of a Dismissal of the lawsuit
which I had filed contesting the action of the North Andover
Planning Board to the repetitive petition filed with your Board.
I The concerns I had with the subdivision have been addressed
in a satisfactory fashion. I would ask the Board to favorably
fact upon the application filed so that the subdivision may be
iapproved for development and construction in accordance with the
;plans filed with the Town of North Andover.
Sincerely,
',Maria & Dowd
1
Town of North -Andover 2
9) 19 of „QRT►, ��
aFFICE OF
.
COMMUN= DEVELOPMENT AND SERVICES
w' y
30 School St=a
North Andover, N(a5=husctts 01845
• -''
�ss.cHus�`
U.LI�M 3. SCOTT
NOTICE OF DECISION
a
Any appeal shalt be filled
-4
within (20) days after the
date of filling this Notice
_ =�
in the Office of the Town
Clerk.
-
Date April 2:3-199-8
--
Date of Hearing 3/17/98,
4/7/98 4/21/98
Petition Of HPG Realt Co oration
Premises affected
Referring to the above petition for a special permit from the
requirements of the North Andover Zoning
Watershed protection District
so as to allow to build a roadway, waterline and detention basins within the
non discharge va
non disturbance and consertion bufftE zones_
After a public hearing given on the above date, the Planning Board
voted to APPROVE the watershed Special Permit
based upon the following conditions'.
Signed
lLcl
CC: Director of Public Works Richard S.Rowen Chairman
Building Inspector
Natural Resource/Land Use Planner Allsop esgarheac V Chairman
Health Sanitarian _
Assessors John Simons Clerk
Police Chief
Fre Chief Richard Nardelia
Applicant
Engineer Jose h V. Mahone
Towns Outside Consultant
File Planning Board
Interested Parties
CONSERYaTION - (978) 688 9530 , HEALTH • (978) 688-9340 (9781 688-9MS
8T/ZO'd SO: TT 86, OS -ldd 9956-TS8-805-T d d'c109 'GSSG I1I8314'ti
r
Town of Nortel Andover t pOATJy �
OX' a OF
COMMUNITY DEVELOPMENT AND SERVICES
30 School Street
North Andover, Massachusetts 01345
LLIAM 1. SCOTT
Director
April 23, 1998
Ms. Joyce Bradshaw
Town Clerk
120 Main Street
North Andover, MA 01845
Re: Watershed Special Permit -Lot 1 Dale Street
Dear Ms. Bradshaw,
The North Andover Planning Board held a public hearing on Tuesday evening March 17, 1998 at
7:30 p.m. in the Department of Public Works, upon the application of Lot 1 Dale Street, North
Andover, Ma 01845 to request a special permit under Section 1.436 (3) (b) (c) (d) of the
Watershed Protection District of the North Andover Zoning Bylaw. The legal notice was
properly advertised in the North Andover Citizen on January 38 & February 4, 1998 and all
parties of interest were duly notified. The following members were present: Richard Roiken,
Chairman, Alison Lescarbeau, Vice Chainrhan, John Simons, Clerk, Joseph V. Mahoney and
Richard Nardella.
The petitioner was requesting a special permit to allow to construct a roadway, waterline and
detention basins within the non discharge, non disturbance and conservation buffer zones.
The premises affected is Lot 1 Dale Street in the Residential - 1 (R-1) Zoning District and the
Watershed Protection District.
Elmcr Pease and Eric Heyland of Allen & Major Associates were present to represent Lot I Dale
Street. Mr. Pease highlighted the boundaries on the plan Mr. Pease stated that they moved the
detention basin outside of the 75' conservation zone. Ms. Colwell stated that there is deadline for
the subdivision for the April 7, 1998 meeting. Mr. Rowen stated that we can't approve the
subdivision with out the special permit. Ms. Colwell stated that we still have not received DPW's
comments. Mr. Rowen asked Ms. Colwell if they had any outstanding issues that she knows of
Ms. Colwell stated that there were not any for the subdivision.
Kerry McCollister of 306 Dale Street, had concerns with the detention basin and culverts
discharging onto his property from the Bear Hill subdivison. An abutter of 128 Dale Street had
concerns with the excavation and the removal of the culverts.
8Ti�0'd SO' TT 56,._x. �� .. X2'j :�.71il o� .,.�.�.� �v4_,<,t
99L6 -TSS -BGS -T 3 dd0� 'f139 IlIS3W 'H
hey are
2#9.
ave
Mr. Nardella asked how big the culverts are now. DPW s stated
thatents are. FIs 1 Colwell wentd
showed the Board pictures. Mr. Nardella asked what
over DPW's concerns, Mr. Nardella asked if DPW has responded to any concerns of the
abutters. iVlr. vicCollister stated that he has spoken to Bill II.murctak. and he is unaware of the
lateral culverts. Nit. iVlcCollister stated that he doesn't
old h tunofffrd how the can om Bear ut the Airline
under the culverts. Mr. McCollister also stated y
would not be a problem, it seems to him that part of the Boards job is to protect the existing
homeowners. Mr. Rowen stated that we don't have to make the applicants solve the existing
problems. pan Takesian of 198 Dale Street, stated that if you put up homes then the water will
have no place to go. We already have Bear Dill's water runoff. Mr. Takesian stated that their
bacL-yards are filled with water up to their knees and with any serious rain they won't have a
backvard. Mr. Pease stated that we have already ;one through all this with ConCom and have
done several tests. Mr. Pease stated that Mr. Chessia has reviewed the Storm Water Management
and we have addressed every concern they had. N&. Pease stated that any other concerns with
Planning, there isn't anything we can do. The Beaver Pond is downstream.
Sandra Timmons of 205 Dale Street, stated that when Bear dill was put in there was supposed to
be a dry retention area put in and now the baffle pipe is gone. Dave Rand of 280 Dale Street,
stated that he has looked for the plans for the dry retention area's for Bear Dill but, can't find
them. This would have been built for 100 year storm and if the pipe was there it would hold up
the water but, I believe a homeowner removed it. Mr. Rowen asked if a homeowner definitely
removed the pipe. vlr. Rand stated that he can't say that for sure. Mr. Rowen stated that the
applicants are required to ensure they don't create problems but they are not responsible for
curing the Bear bill problem. \+Ir. Simons stated that the assumptions may not be correct because
to a count. Mr. Pease stated that we have answered all
your not taking all the potential arm
these same questions. Mr. Pease stated that they have to make sure that the wate commentsdrainsHeir
property correctly. Mr. Nardella asked Ms. Colwell if Nor. Chessia has any
morethis parcel. tics. Colwell stated that there were no more comments for Storm Water Management
and these same issues were discussed at the ConCom meetings.
Dave Rand of 280 Dale Street, stated that in one weeks tune the beavers a damac al t�� ted
Mr. Rand stated that he renewed his permit to take down 100 yards of th
that if the situation is not resolved we will be under water. ylr. Rowen stated that he understands
and if the review is correct this development is not going toe anlike y pfd we have on the at problemr
Takesian stated that we don't have a problem with the beavers
with the water coming onto our property. Mr. Rowen stated that we are doing the best we can.
Mr. Takesian stated that they will have a big problem with the impacts of the subdivision. Mr.
Rowen stated that he won't let this subdivision go forward if they are coin, to cause harm to the
abutters. Mr. Rowen stated that the applicants will not make twill problem worse. e. Nix. gid asked
stated that even the Town's Engineer stated that the problem
why no one from DPW or John Chessia has come out to sChess problem Colweil stated at heY
Rowen suggested that they address their problems to 1v1r.
,rte xp3 'd'c10:) -(M IlIS314 'd
should address their concerns to the Planning Department and then we will forward them to Mr.
Chessia.
Continued until April 7, 1998.
The North Andover Plannin; Board held a regular meeting on April 7, 1998 the following
members were present: Richard Rowen, a ��a lan, la � �benos�gl�uAssociate Vlembe ��
Simons, Clerk, .Joseph Mahoney, Rt
Kathlee--i Bradley Colwell, Town Planner was also present.
Nis. Colwell stated that there are no remaining issues with this fling. Ms. Colwell stated that we
can't issue a decision until ZBA. grants them 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.
The North Andover Planning Board held a regular meeting on April 21, 1998. The following
Vice
, Joseph
members were present: Richard Rowen, Chairman,
h�a�th1leen Bradley on Col ell, Town Planner was
Mahoney & Alberto Angles, Associate Member.
also present.
On a motion by Mir. Angles, seconded by Mr. Mahoney, the Board voted unanimously to approve
the draft decision as amended for Lot 1 Dale Street_
Attached are the conditions.
Sincerely,
^Z
Richard S. Rowen, Chairman
North Andover Planning Board
IlIS34'd
Berrington Place
Special Permit - Watershed Protection District
Board makes the followizlg findings regarding the application of NIPG Realty
The Plxuz ng p l 876 dated February 201998requesting a
Corporation, l 1 Old Boston Road, Tewksbury, lvlA , , Bvlaw to
Special permit under Section 4.136 of the Zoning By -Law of the North Andover Zoning
e in too by and ,de, veggetation removal. and surface and
allow activities which cause a Chang P 'gip
subsurface discharge of storm water runoff within the Non Disturbance Zone and surface and sub-
surface discharge of stormwarcr within the Non -Discharge Zone of the watershed protection District.
FINDINGS OF FACT:
In accordance with 4.1360) the Plannutg Board makes the finding that the intent of the Bylaw, as well.
as its specific criteria, are met. Specifically the Planning Board finds:
1, That as a result of the proposed construction in conjunction with other dly of use orarruerhere will
Lake
or
not be any stgnhc nt Planning Board bases dation of equality its findings on the to owing facts_
Cochtchewtcit. The $
a) AU of the homes will be connected to the Town sewer system;
b) stogy water mitigation will catch and treat all storm water drainage=
c) the limit of clearing is restricted to the minimum necessary to construct the driveway:
d) a construction phasing plan and emergency response plan are required.
e) A1I of the proposed dwellings are located entirely outside of the non -disturbance zone..
or any
that there is no reasonable alternative location outside the Non -Discharge Buffertion asfthe of
discharge, structure or activity, associated with the proposed driveway construe
is located within. the Non -Discharge Zone -
In accordance with Section 10.31 of the North Andover Zoning Byia` . the pknrlijagBOA makes the
following findings:
A. The specific site is an appropriate location .for the proposed use as ail feasibie stoirnwater and
erosion conzbeen
rois have Placed on the size,
B. The use will not adversely affect the neighborhood as the lot is. located in a residential zone,
C -There will be ❑o nuisance or serious hazard to vehicles or pedestrians=
1
'_." 1riH crash-TI�8-8,CG-T : xe3 'd'd0:D '(13Q IlIS314 *U
proper operation of the proposed use;
D. Adequate and appropriate factZities are provided for the p Per
E. The Plaiuting Board also makes a specific that the use is in harmony wthe gcncral
��3
purpose and intent of the North Andover Zoning Bylaw.
Upon reaching the above findings, the planning Board approves this Special Permit based upon the
following conditions:
SPECIAL CONDMONS.
1.
This decision must be filed with the North Essex Registry of Decds. The follovvia g infornlauon
is included as part of this decision:
a) Plans entitled: ,Definitive Plan of Land--Berington Place", ten sheets dated January
16, 1998 last revised 3/3/98. Prepared by Allen & Major. Woburn. MA
b) Reports entitled:
D "Statement of Environmental and Conmmniry Impact:', dated January 15,
1998.
"Water Quality and Best Mi anagement Practices (Biv(P) Evaluation,
Berrington Place, Dale Street, North Andover. Massachusetts, dated July 14.
19977 revised October 3, 1997.
c) The Town Planner shall approve any Chang es
�.,�,,ry
Any chi
made to these pians. n -
deemed substantial by the Town Planner would require a public hag and
modification by the Planning Board.
Prior to any work on site:
a) The limit of clearing line on each lot must be marked in the field with yellow caution
tape and must be reviewed and approved by the Town Planaer.
040) dollars in the form of a cbeck
b) A performance guarantee of ten thousand (S10, to insure that consm=tion
made out to the Town of North ?the plans
the posted ndirions of this decision and to
will take place in accordance with t p
ensure that the as -built plans will be submitted.
c} wn on the plan must be in place and reviewed by
All erosion control measures as sho
the Town Planner -
d) The sire shall have received all necessary pennits and approvals from the North
--- OT „n • -4 )n • TT Rh . nl , _jdH 9926-TS8-R,OS-T : x2 j I &E:) 'fll IlIS31'd
3
S.
C1
7.
8
Andover Conservation Commission, Board of Health, and the Department of Public
Works and be is compliance with the above permits and approvals.
Prior to Verification of the FORM U (Building Permit Issuance):
a) Prior to the verification of the FORM U for Lot 7. the applicant must propose
permanent boundary to be located along the limit clearizte. The boundary may take the
form of a wn L hence, or shrubs to be approved by the Town Planner. This will provide
a permanent boundary along the 75' conservation zone on this lot.
Prior to verification of a Certificate of Occupancy'
a) Prior to Occupancy of Lot 7, the permanent boundary proposed in Condition 3(a)
above must be constructed.
b) No pesticides. fertilizers. or chemicals shall be used in lawn care or maintenance.
This restriction shall apply and be bindin; on all current and future owners. their
heirs, administrators. successors and assigns, and shall be incorporated within all
subsequent deeds to the premises.
Prior to release of the Performance Bond:
a) A Conservation Restriction enforceable by the Town, of North Andover through its
Conservation Commission must be placed on Lot 8. The Conservation Commission
must approve the temps and conditions ofthis restriction.
b) The applicant shall submit a certified copy of an as -built plan that shows all
construction. =' iuding topography, sewer lines. storm water, mitigation trenches and
other pertinent site features. This as-built_plan shall be submitted to the Town Planner
for approval and shall be stamped by either a Registered Professional Land Surveyor or
Practicing Engineer in Massachusetts.
C) The Planning Board must by a majoriry vote make a finding that the site is in
conformance with the approved plan.
Any stockpiles of earth must be covered with a. tarp and contained by hay bales and silt fence if
the piles are to remain on the site for longer than two weeps.
In no inane shall the applicant's proposed construction be allowed to ft.rrther impact the site
than as proposed on the plan referenced in Condition ' 1.
No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
3
8Ti80 'd 20: TT 86, OS acid 9916-TS8-80S-T : x?3 dd09 '(1331 IlIS314 'd
9. The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
10. The provisions of this conditional approval shall apply to and be binding upon the apphc=t.. it's
employees and all successors and assigns in interest or control.
11. This permit shall be deemed to have lapsed atter a two-(2) year period from the date
a� on which the Special Permit was granted unless substantial use or construerion
has commenced_
cc Director of Public Worf s
Building Inspector
Health Agent
Assessor
Conservation Administrator
Police Officer
Fire Chief
Applicant
Engineer
File
Berrington E=tes - Watershed
4
8T/60 'd 80: TT 86, 02 J* 9926-TS8-80S_.I : x'ed dd09 'f13Q llIS31 'h
j Town of North Andover Ot r0RT4
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
a
' 30 School Street`—� '
' x
North Andover. Massachusetts 018.3
YVILLLAM J. SCOTT
Director _7' mac us=
NOTICE OF DECISION � � o
-
Any appeal shall be filled r
within (20) days after the ~ __
date of filling this Notice - -
in the Office of the Town `-
Clerk.
Date Aoril 21, 1999
Date of Nearing MArch 16, 1999 & Aoril 6, 1999
Petition of MPG Realty Corp. April 20, 1999
Premises affected Lot 1 Dale Street
Referring to the above petition fora special permit from the
requirements of the North Andover
ZOni nc7 IiVI jw SPf-ti c,n j() 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 vear prohibition
After a public hearing given on the above date, the Planning Ecard
voted to APPROVE the SPECIAL PERMIT REPETITIVE PETITION
based upon the following conditions:
Signed 71 -
CC: Director of Public Works Richard S.Rowen, Chairman
Euilding Inspector
Natural Resource/Land Use Planner Alison Lescarbeau, V. Chairman
Health Sanitarian
Assessors John Simons. Clerk
Police Chief
Fire Chief Richard Nai^della
Applicant
Encineer Jose -,h V. Mahenev
Towns Outside Consultant
File Planninc Ecard
Interested Parties v
CONSE11ZV ,TION - (97:1) 6:38 9f3ll • HL.ALTII - (973) 68:5-9f4U pL;;;�itING - (9i;i)
(97'1)
Lot 1 Date Street — Repetitive Petition
The Planning Board herein consents to allow the petitioner as set forth below to re -petition the Zonina Board of
Appeals. The petitioner is MPG Realty Corporation, 1 1 Old Boston Road, Tewksbury. NLS 01376. The petition
was submitted on March 12, 1999.
The Planning Board makes the following findings as required by MGL ch. 40A Sec. 16 and North Andover Zoning
By -Law Section 10.3:
FINDINGS OF FACT:
1. On Nlarch 13. 1993, MPG Realty Corporation filed a petition with the North Andover Board of Appeals for a
variance from the requirements of Section 4. 136.2(b) and (t) and 4.136.3(d) to construct a roadway with all
required details within the 75' conservation zone.
2. On April 15, 1993 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, 1993 the North Andover Planning Board voted to approve the Berrington Estates subdivision
located at Lot 1 Dale Street.
4. On Nlarch 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 ofthe 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 Nlarch 4, 1993, as follows;
a. Catch basin 3A is moved outside the driveway.
b. Removal of sidewalks.
C. Moved leaching pits outside the 1.50 -foot zone.
d. Lawns will be outside the 100 -toot 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
Lot 1 Dale Street— Repetitive Petition
i
The Planning Board herein consents to allow the petitioner as set forth below to re -petition the Zoning Board of
Appeals. The petitioner is MPG Realty Corporation, 11 Old Boston Road. Tewksbury, NLA, 01876. The petition
was submitted on March 12, 1999.
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 iivlarch 18. 1998, MPG Realty Corporation filed a petition with the North Andover Board of Appeals for a
variance from the requirements of Section 4. 1362(b) and (f) and=1.136.3(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 1 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 ofthe 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:
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.
The subdivision plan has been approved and endorsed by the North Andover Planning Board setting forth the
roadway for which the variance is requested.
The subdivision plan includes changes that will lessen the J'mpacts 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. tNloved 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.
�J
Lot I Dale Strut — Repetitive Petition
PD Associates, LLC
Real Estate Consultants
1600 Candia Road, Suite #7, Manchester, NH 03109
June 22, 1999
Zoning Board of Appeals
Town of North Andover
27 Charles Street
North Andover, MA 01845
RE: Dale Street, Map 37B, Lot 1
Request for Repetitive Petition & Variance
Dear Mr. Chairman,
Telephone #:(603)641-8200
Facsimile #:(603)641-8882
During our repetitive petition hearing of May 11, 1999, several members requested information or
clarification regarding our submitted plans and documentation. Please accept this letter and the attached
information pursuant to those requests.
There was some confusion regarding the plan dates that appeared on the original variance application. The
Plan created specifically for the Zoning Board of Appeals was prepared on February 10, 1998. This plan
showed revisions only through December 16, 1997. When we resubmitted a new variance application as
requested by the Board on March 18t', 1998, we provided the same plan created for the Zoning Board of
Appeals, again, dated February 10, 1998.
Final plan changes as requested by the planning board and as reflected in the letter to Kathleen Colwell
dated March 0, 1998 were not made until February 20, 1998. These revisions were not reviewed and
approved by John Chessia or Kathleen until after the ZBA submittal. In fact, the Planning Board did not
approve our changes until April 7h, 1998. This was three weeks after the ZBA submittal.
Therefore, the plans submitted for the variance on February 12°i and March 18'', 1998 included the
specifically created ZBA plan dated February 10, 1998 showing revisions through December 16a', 1997.
Our current request reflects all the changes as noted in our application with approved plan changes dated
February 20, 1998. This clearly shows the difference between the plans reviewed by the ZBA on April 14,
1998 and at our most recent hearing on May 11, 1999.
An appeal was filed for the planning board approval bf April 140', 1998 and subsequently dismissed on
December 4, 1998. The planning board finally signed the revised plans of February 20th, 1998 on March
16th, 1999. This was over a year later.
This is the reason why the new application for a variance and request for a repetitive petition hearing has
significant plan changes. The board is now reviewing plans that have been approved and signed as of
March of this year.
Another question was raised as to our pending ZBA appeal of the April 14"i, 1998 denial. 1 have instructed
the applicant to suspend their legal work in hopes of acquiring the variance. This will allow us the
opportunity to withdraw our appeal and save both the town and the applicant legal costs. He has agreed to
wait.
The abutter's list was inadvertently dated January 13, 1998, when it was actually signed on January 13,
1999. We had the Tax Assessor strike the incorrect date and redate and initial the correct date. A copy of
this page is attached.
As requested by Mr. Soule, we have attached the approval of the wetland areas by the Conservation
Commission under their Determination of Applicability. This supports our delineation of the borders of the
vegetated wetlands. These soils are clearly shown and approved by the Conservation Commission. I have
also attached a plan sheet with specific requirements they requested to avoid impacting these soils for our
roadway to Dale Street.
A question was raised whether we had provided the mylars for the hearing this past month on the I Ith of
May. The secretary did not make it clear if she had them for the hearing. I have attached a letter from the
engineer who delivered them on April 1, 1999 along with the copies. He called Mary to confirm receipt.
Mary said she did have the plans and that they were submitted on the I" of April.
I have also provided another copy of the owner's affidavit authorizing the applicant to make any and all
requests for approval of this subdivision. There was a question regarding clarification of this item.
It is these unique aspects of the property that require egress to Dale Street as approved by the Conservation
Commission and the Planning Board. No other access can be designed because of the unique shape,
wetland soils and topography.
I hope the new information provided, clarifies the questions raised by the board and allows them the
opportunity to approve our repetitive petition hearing and our request for a variance as submitted. We will
be more than happy to address any other questions or comments the board may have and look forward to
meeting with the Board in the very near future.
Respectfully submitted,
E mer A. Pease, II CPM, EA
Owner's Representative
EAP/sp
Attachments
Cc: Kenneth Grandstaff
Michael Gerstein, Esq.
Page 4 of 4
Map Parcel Name Address
64 14 James W. Goodwin &
Sandra A. 299 Dale Street
8 Peter J. Piantidosi III 1 Millpond, North Andover
5 Stephen H. Taney &
Cecilia Feeney -Taney 323 Dale Street
24 Fredrick J. McCarthy &
Maureen W. 357 Dale Street
26 E.C.W. Trust
Edward J. Welch, Tr. 24 Prescott St. N. Andover
25 P&M Realty Trust
P.A. & M.W. Bryant Trs. 300 Dale Street
33 David C. Rand &
Frances J. 2.80 Dale Street
16 John P. & Cecelia E.
Sangermano 268 Dale Street
34 Danahy Family Trust
Donna D. White, PE & 73 Pinehurst Street
R.H. Danahy Methuen, MA 01844
64 Town of North Andover
9 Town of North Andover
136 Stewart 1996 Realty Trust 12 Carriage Chase
Lora E.S. Stewart Trs. N. Andover
69 Patricia A. Grimm &
Christina L. Klein 149 Coachman Lane
70 Robert J. Kingsley &
Joan L. 135 Coachman Lane
37A 27 Howard L. Kramer &
Julia O. 115 Coachman Lane
28 George W. Desmet &
Leah M. 125 Coachman Lane
41A�1
E-
:3
5
G
310 CMR 10-99 OEP Fite No. SDA
(To be Peavided W 06P)
?a Z
ci~;y/7onNorth Andover
Amticrtnt Mesiti Development Corp.
Cc= omwealth February 7, 1997
of Massachusetts Date AcgLx=t Filed
—POSITIVE Dale Street, Map 37B, Parcel 1
DetezzDination. of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131, 540
Prom North- Andover YConservation Commission I:ssuirtg Authority
To- Mesiti Develolment enrp- R. Ashton Smith c/o Geoffrey Smith
(Na a of 'Person making request) (Name a, properr�y owner)
1 Old Boston Rd ' .' ....,,;', 15 Driftwood.
Address Tewksbury.:MA ' 01876 Add_ess Nnrkh Rrapfot-A__rr
This determination is issued and delivered as. follows:
Q y hand delivery to person- iaelcing tegtiest`oa (date). _
%$$$ by certified mail ;-ret=.receipt. requested ozi 2/24/97'i-205' 969 208 (date)
9u=s --t to -the authority of G'L'.'; c 31, .:g4a, the No. Andover Coasertirgti0n4.Coi&..
has onsidered your request for a: be0 ce�tinacion .of 'Applicability aid it's 'sop•-'-""
port g documentati,.Jzond'Ltas made'C ie gallewing Bete=mivation (cheat .whichevex:.�'�'
is a licable). i, •. �,: :
Loca ion.: * Street AdcLesg l�a-1e Street
Loc I Tumber: Map 37B, Parcel 1
This Date =ination is positive.
].. The 'area, descr!$ed below,.. which includes all/part of � the area described .
in . your request,, .;.:.is an _, l ea Subject to Pzotection Uuder . the
Therefore, .,any .:zeaaoving,.>; filing, dredging or altering of -that a,,ea..
requires the filing of a. Notice of Intent.
Plan of,Land'depicting Wetland Delineation of Land of Smith prepared for Meseti
Development Corp by Merrimack Engineering Services. Kan of Record dated
2/5/97„ See attached shee't.'for more detailed information.
2-. The work described below, which includes all/parr. of the work described
.in your request,.is within an Area Subject to protection Uader the Act and
will remove," fill, dredge or alter that area. "therefore, said work
requires Che filing of a Notice oT Intent.
Effe tive 11/to/89 2-1
Z d 7P -,VP 7PS- PSq hCgN I tznNIW7 1 qAA Wn>-4 A WH7 1 : 0 1 RRR 1 -7 1 _q
By this action the NACC w1mowledges that Resource Areas protected under the Wetland
mcdon Act D4 exist upon lard of the subject property.
L
plicant has failed to provide the NACC with sufficient information upon wbiich a
ve dawn ai nadon can be made. As such rhe NACC malas no determination, as to the
tyl*s), location(s), anWor limit(s), of resource areas upon the subject propeM.
, the NACC makes no determination, whatsoever, as to Resource Areas andior
ap licabiiity of the Riverfront Act.
TOTAL P.03
nc�).4a C(lf IH1 17M1A InIf11J J initis i : M i
Commonwealth
of Massachusetts
=J
RDA
(To a oravww or 131M
c;ry,T, North Andover
Mesiti Development Corp.
. Aooaeant
March 7, 1997
Dale•f0treet Map 37B, Parcel i g
(Smith Property)
POSITIVE Determination of Applicability
Mapsachusetts Wetlands Protection Act, G.L. c.1 31, §40
NORTH ANDOVER CONSERVATION COMMISSION Issuing Authority
Tv Me iti Development Corp R. Ashton Smith c/o Geoffrey Smith
(Name of person mating request) (Name of property owner)
11 Old Boston Road 15 Driftwood
Tewksbury, MA 01876
Aacre 5 Ad&e.North Branford, CT 06471
This d termination is issued and delivered as follows:
b hand delivery to person making request on , (date)
XBht tr certified mail. return receipt request ed on April 3. 1997 P205 969 715 (date)
Pursuant to the authority of G.L. c. 131, §40. ;he+ North: Andover Conserv n COMMI CQ; r,
has c nsieered your,.enuest for a Oetermtrtaticn at Aoelic=ility and its sucoortng doc.,mentation. and rias
macre he following determination (check whicnever is aucticable):
Locatin: Street Adccess Dale Street Map 37B, Parcel 1
f.Ot N bei -
1 The area described below, wnicn inctuces all/cart of the area desc::bed in vour request. is an
Area Subject to Protection Unger the Act. Therefore, any removing, filling, dreaaino or
altering of that area requires the 'icing of a Notice of Intent.
BORDER ATG VEG. WETLAND ONLY!! (Flags Al -A15; B1 -B29; C1-C12;.D1-D53; E1 -E17;
FL -F15 as depicted on the plan entitled "Pian of Land" dated 3/5/97 prepared
by Mer imack Eng. Services. NOTE- NO DETMWIINATIO'7 WAS MADE UNDER THIS FILING
FOR TH RIVERFRONT AREA.
Z. The worx aescricea below, whtcti inC;::Ces alLcat't of the worx oeSCrbea in Your recuest. is within
an Area Suolect to protection Under ;he Act and will remove, !ill. Crecce or after that area. There-
fore. sate wark recuires the fil'in- cf a Notice of Intent.
Effa live',
4't
d 7FibR 7RP PRq nS7:Nrl (:�nKjv-i 17qM wnl -I -4 wH� I. = DI l RRF; I. -7 I. -ci
9 The work described below, which includes all part of the work descnned in your reauest, is within
the Huffer Zone as defined in the regulations. and will alter an Area Subject to.protection Under
the Act. Therefore. said work recuires the filing of a Notice of Intent
oetermtnation is neaatrve:
1. The area described in your reauest is not an Area Subject to Protection Unaer the Act
2_ The work described in your reauest is within an Area Subject to Prote=tion Unaer the Act. but will
not remove. fill, dredge, or atter that area. Therefore, said work aces not reouire the filing of a
Notice of Intent.
2. The work described in your reauest is within the Buffer'Zone. as definec in the reculations. but will
not atter an Area Subject to Protection Unser the Act. Therefore, said worK Goes not reouire trie
filtna of a Notice of Intent.
4. The area aescribed in your revues' is Subje'! to Protection Unaer the Act. but since the v: ork
aesC;nced therein meets the requirements for the fchowina exemouon.as soecifted to the AC-, and
the re,ulations. no N ce of Intent is reautrer
Issi, ed by WH ANDOVER Conservation CommISSIOn
Sia ature(s)
L
Tr, s Determination must be stgnec by is mafority of the Conservation Corrimtssion.
this 2nd day of April _ 1992 t:eicre me
son ally aooeareC Joseph W. Lynch, Jr. to Me Knov:n tc be the
son eescnoe� in, an4 who executed. ,ns rvegoin_ inSMU[mer:. a:;:: zcknowle::-ems t, •a: ne'she exe-='3E
same as ntsmer tree act ana need
Notary Puolic
December 11 2003
My commission expires
The Detertntnatton aces not reneve the aeotrcant trc— 1 w•'" av ort e, a_^'!=sz'e tece•z' state c• rocs' s;ztutes. cf�tnan__s
tly taws cr repuLaIIonr Ttv. Determination snau ce vau,� for inree Years torm the sate of cSSuanze
7ne aDoUCart% the owner, any oemon aggrieved by Ines DL,ef-trnatta-^.. my Owner c! tanC anuntn5 the land sac^ wnt_,! the crc::_seC waft
. to ale Cone. or any ten restoents of the cny O f town to wn=c- sucn lana is to_atec. are nerevy n_ttttes 0! Tnefr ne ;e re.uas: the Decartmen:
of vtronmentat protection to Issue a Suoersaclno Determination of orovtatng the faQuatit 15 mace oy cartnte: mail Or nand
delivery to Ina Qeoartment. with trial aaOroortate flung tee an= Fee Trarlsrrifrtat Form as orovtasd to 310 CtAA 10.CY-jt wttntn ten cava from
the ate of tssuanc+e of tnts Qetermtrtairol. A =0y of Ina reauest snau at the same time be rent cy sentries matt or nano ee,,very to Ina
C.orsarvalicri Commission and Ina =P11cant.
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FROM : MCKENZIE ENGINEERING GROUP,INC PHONE NO. : 6179412662 Jun. 02 1999 04:30PM P1
Erik D. Heyland, P.E.
Land pkWng ConsugaWs 196 Central Street
Saugus, MA 01906
Ph. (781) 231-1348
Fax (781) 941-2662
MemeraWb m
June 2, 1939
I spoke to Mary at the North Andover Zoning Board of Appeals office on May 13, 1999 to Confirm that
she has the two mylar,plans of Berrington Place in her.possession. She ca famed that the plans are in the
office and were submitted on April 1, 1999.
Erick D. I3eyland, P.E.
JAN 3 0 1:193
CASE #
TOWN OF NORTH ANDOVER
ZONING BOARD OF ADJUSTMENT
OWNER'S AFFIDAVIT
I, the undersigned, owner of property located at Dale Street and identified as Map37B-
Lot #1. '
do hereby authorize MPG Realty Corporation and its representatives
11 Old Boston Road Tewksbu MA 01876
to make the following request with respect to the above-described property: Any and all requests
for the approval of Berrington Place an 8 Lot subdivision with roadways and all improvements as
shown on plans prepared by Allen & Major Associates Inc of Woburn, MA as may be required
by the Watershed Protection Bylaw and the Planning Board Please refer to Special Permit
application and accompanying documentation for submittal of this request for ZBA consideration.
R. Ashton & Gwendolyn C. Smith
Signature qdAwrjoTrustee Geoffrey Smith
15 Driftwood Dr. North Bradford, CT 06471
Address
January 23 1998
Date
nazbaaoc
Any appeal shall be filed
within (20) days after the
date of filing of this notice.
b�
3ACHUS�
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
JUL 7qQ
NOTICE OF DECISION
Property at: Dale St., Lot #1, (Berrington Place)
NAME: MPG Realty Corp., 11 Old Boston Rd., Tewksbury, MA
DATE: 7/14/99
ADDRESS: for premises: Dale St Lot #1, (Berrington Place)
PETITION: 011-99
North Andover, MA 01845
HEARING: 5/11199 & 7/13/99
The Board of Appeals held a regular meeting on Tuesday evening, July 13, 1999 upon the application of MPG Realty
Trust, 11 Old Boston Rd., Tewksbury, MA for premises at: Dale St, Lot #1, (Berrington Place) North Andover,
requesting a Repetitive Petition hearing under Section 10.8 and to request a Variance from the requirements of
Section 4, P136.2 (b), (iv), 136.2 (f), 136.3 (d), of Table 1 &2 in order to construct a roadway with all required details
within the 75' conservation zone within the R-1 Zoning District.
The hearing was advertised in the Lawrence Tribune on 4/27199 & 5/4/99 and all abutters were notified by regular
mail.
The following members were present to hear the Repetitive Petition: William J. Sullivan, Robert Ford, George Earley
& Ellen McIntyre.
Upon a motion made by George Earley and 2' by Robert Ford, the Board voted to GRANT a repetitive petition on
the basis that the application did contain significant changes as presented on the Plan of Land submitted by: Allen &
Major Associates, Inc., by Erik D. Neyland, Professional Engineer, #38325, dated: 4/1/99. Voting in favor. William J.
Sullivan, Robert Ford, George Earley, Ellen McIntyre.
The following members were present to hear the request for a Variance: William J. Sullivan, Raymond Vivenzio,
Robert Ford, John Pallone, and Scott Karpinski.
Upon a motion made by Robert Ford and 2nd by Scott Karpinski the Board voted to GRANT a Variance to construct a
roadway for a 75' setback from the wetland resource area from Station #04400 a shown on the Definitive Plan of
Land, Tax Map #378, parcel #1, North Andover, dated: 1/16/98, drawings #A & 3B, by Allen & Major Associates, Inc.
Professional Engineer, #38325, dated: 4/1/99. The Board finds that the access to the proposed development is the
least objectionable entrance/exit and due to the circumstances relating to soil, shape (long and narrow) and
topography (surrounding wetlands) this relief is required for use of the land referred to in this petition. Voting in favor:
William J. Sullivan, Robert Ford, John Pallone, Scott Karpinski. Opposed: Raymond Vivenzio.
Page 1 of 2
ml/1999decision/32
1 W-0;11
NORTH :-k LC—'ER
JUL LO 3 11 FP "9
MPG Realty Corp, for premises at: Dale St., Lot #1, decision continued
Variance
The Board finds that the petitioner has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the
granting of these variances will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw.
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, shape, or typography of the land
(.- or structure 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.
By order of the Zoning Board of Appeals
f"�A
J U -
William J. S Ilivan, Chairman
m111999decision/24
CIO