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Home My WebLink AboutMiscellaneous - Lot 3A Dale StreetI I NORTH ANDOVER BUILDING DEPARTMENT 120 MAIN STREET NORTH ANDOVER, MA 01845 INSPECTOR OF BUILDINGS ELECTRICAL INSPECTOR GAS INSPECTOR Board of Appeals Town Office Building North Andover, Ma. Gentlemen: June 10, 1985 Re: Coolidge Construction Lot 3 Dale St._ f TEL. 888-8102 Coolidge Construction is required to apply for a Special Permit for construction on the lot within 100 feet of a tributary. On the application, I do not find any information regarding the environmental impact upon Lake Cochichewick, nor do I find any report from the Conservation Commission. I recommend that the Zoning Board of Appeals take no action until complete environmental impact reports are submitted by professionals and other concerned town agencies. Very truly yours, CHARLES H. FOSTER /19 INSPECTOR OF BUILDINGS AND ZONING OFFICER CHF:af 7"P zl� IA6-a�Ll-c ori A,, �. Received by TownYED JUL014 TiOWN CLERK NORT WOVER MAY 36 PM TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applican tfQ� d �Q�_�I p � Address (}l C5 1. Application is hereby made: a) For a variance from the requirements of Sec..ion Paragraph and Table —of the Zoning By Laws. b) For a Special Permit under Section Paragraph /g_?of the,Zoning By Laws. – -- .c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Premises affected are land^and building(s) _numbered_T41- Street. b) Premises affected are property with frontage on the North ( ) South (X) East ( ) West ( ) side of -0,4__ _ _ Street, and known as No.��ce!�D7=_ Street. c) Premises affected are in Zoning District -3, and the premises affected have an area of 7gt-square feet and frontage of 35 % ��,_feet . 3. Ownership a) Name and address of owner (if joint owne:.sh•p, give all names): pG�hLel g = J7e�ted-Avge1.4 k kles a8'a Salem sr n1o,& Ldo ve`— litA-55 d t rsgs— Vvdov�st� (`'t�+S5 O/Sla Date of Purchase JqLl__Previous Owner b) If applicant is not owner, check his/her interest in the premises: _)(_Prospective•Purchaser _—_Lesee _—_Other (explain) 4. Size of proposed building: Y f front; 30 ---feet deep; Height__ __stories;_g!?-t'__feet. a) Approximate date of erection:S I� 1SL)M pp , L_ b) Occupancy or use of each floor: c) Type of construction: 5. Size of existing building: /4 feet front; _____feet deep; Height stories; feet. a) Approximate date of erection: b) Occupancy or use of each floor: c) Type of construction: 6. Has there been a previous appeal, under zoning, on these premises? If so, when? 'De G _Lq /I? 6� �2_ C �LU Tke p�-oposecovLs�G`f �m�r Cove-�'oV" S �i� films C c cA �� csvt.a 1 carp �-- to C l t It o Sloe c 1"4 l :Fs s L) ed 6`j 14 ti VL t OA1-d1 V'I+,, Cvv" V-\ i ss"ca-'-1 c�vt �UVL�P_wo'a, l9S-Z 7. Description of relief sought on this petito 9 8. Deed recorded in t1he Registry of Deeds in Book Page_,:F19 ;9 Land Court Certificate No. Book Page The principal points upon which I base my application are as fo)-lows: (must be stated in detail.) a 5 P-eCI A I Pcvr wa LC_ U-.146 j,6 � rt-�c� pk 4.1f &4 t -r- us + .! ! 1-t P,9 c. -t- k s o .h T 1^e— T h t to -fq ►_ cf I agree to pay the -filing fee, advertising in newspaper, and incidental expenses* r /��4 f✓( a, A d' 4 vse o WIL ---a-_�r gnature of Petiti.oner7sT Every application for action by the Board shall be rade on a form approved by the Board. These forms shall be furnished by th� Clerk upon request. Any communication purporting to be an application s',.all be treated as mere notice of intention to seek relief until such tin =. s it is made on the official application form. A1.1 information called. ,.-)r by the form shall be furnished by the applicant in the manner therein p:, --scribed. Every application shall be submitted with a list of "Parties In Interest" which list shall include the petitioner, abutters, owners of land directly opposite on any public or private street or w'ay, and abutters to the abutters within three hundred feet (300') of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in,another_ city or town, the Planning Board of the city or town, and the Planning Board -of every abutting city or town. *Every application shall be submitted with an application charge cost in the amount of $25.00. In addition, the petitioner shall be responsible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and publication, bit are not necessarily limited to these. . Every application shall be submitted with a plan of land approved by the L3oard. No petition will be brought before the Boarc unless said plan has been submitted. Copies of the Board's requirements regarding plans are attached hereto or are available from the Board of ippeals upon request. LIST OF PARTIES IN INTEREr ' Name Address (use additional sheets if necessa-y) JOHN F. MCGARRY RUSSELL A. BODNAR WILLIAM C. SHERIDAN JOHN F. KLIPFEL HEATHER PETERSON-KNOTT JAMES K. BRIGHTNEY DAVID C. RODIBAUGH Domenic J. Scalise Peter G. Shaheen Attorneys at Law 89 Main Street North Andover, MA LAW OFFICES OF JOHN F. McGARRY 401 ANDOVER STREET NORTH ANDOVER, MASSACHUSETTS 01845 and 01845 TELEPHONE (617) 686-1111 April 16, 1987 Re: Coolidge Construction Company, Inc. Vs: Board of Appeals, Town of North Andover et al Essex Superior Court, Civil Action No. 85-1906 Dear Counsel: JAMES W. ROONEY. WASHINGTON, D.C. OF COUNSEL I have been advised by my client that an alternative development plan for the land which is the subject of the above -captioned action has been agreed upon by our respective clients. Said agreed upon alternative development plan therefore renders the above -captioned action moot. In light of these most recent developments I have prepared for your signature a Stipulation of Dismissal of the above - captioned action with prejudice. Would you kindly execute same on...behalf of the Town of North Andover and return it to me. I shall hold said Scipulacion in escrow until my client has received final approval and then file said Stipulation in Court with a copy to you. If you have any questions please contact me. Thank you for your courtesy and -as 'stance in this matter. Ve truly our John. F. ilipfel JFK:lms Enclosure cc: Mr. Frank Serio, Jr., Chairman v' Zoning Board of Appeals Town of North Andover 120 Main Street North Andover, MA 01845 COMMONWEALTH OF MASSACHUSETTS Essex, ss. Superior Court Civil Action No.: 85-1906 COOLIDGE CONSTRUCTION CO., INC. VS. ) STIPULATION OF DISMISSAL BOARD OF APPEALS, TOWN OF ) NORTH ANDOVER, MASSACHUSETTS ET AL ) Now come the parties to the above -captioned action and hereby stipulate that the above -captioned matter be dismissed pursuant to and in accordance with Massachusetts Rules of Civil Procedure 41(a)(1)ii with prejudice and without costs. Domenic J. Scalise Attorney for Defendants 89 Main Street North Andover, MA 01845 Telephoner 689-0800 Peter G. -Oh aheen Attorney for Defendants 89 Main Street North Andover, MA 01845 Telephone: 682-4153 LAW OFFICES OF JOHN F. MCGARRY 401 ANDOVER STREET NORTH ANDOVER. MA. 01645 AREA CODE 617 475-1111 686-1111 Respectfully Submitted, iam C. heridan; squire Attorney for Plaintiff McGarry Law Office 401 Andover Street North Andover, MA 01845 Telephone: 686-1111 NORTH UMt1U .Y�` �y ,9S3gCHUSEt TOWN OF NORTH ANDOVER. MASSACHUSETTS BOARD . OF APPEALS April 16, 1987 Attorney Domenic J. Scalise 89 Main Street North Andover, M9,01845 RE: Parcel 2B, Lot 3A Dale Street Special Permit, July 2, 1985 Dear Mr. Scalise: Attached, hereto, is a copy of the letter sent to Attorney McGarry about the above subject. The Board of Appeals has approved the new plans submitted at our April 14th meeting and would appreciate it if you would follow through with the re- solving of the pending litigation against the Board by Coolidge Construction. If you need any further information, please call 683-7105. Thank you for your attention to this matter. Sincerely, BOARD OF APPEALS Frank Serio, Jr. Chairman Encl. /awt LAW OFFICES OF JOHN F. MCGARRY 401 ANDOVER STREET NORTH ANDOVER, MASSACHUSETTS 01845 TELEPHONE (617) 686-1111 JOHN F. McGARRY JAMES W. ROONEY, RUSSELL A. BODNAR WASHINGTON, D.C. WILLIAM C. SHERIDAN March 31, 1987 OF COUNSEL JOHN F. KLIPFEL HEATHER PETERSON-KNOTT JAMES K. BRIGHTNEY DAVID C. RODIBAUGH Mr. Frank Serio, Jr., Chairman Zoning Board of Appeals Town of North Andover 120 Main Street North Andover, MA 01845 Re: Parcel 2B, Lot 3A Dale Street Special Permit, July 2, 1985 Submission of House Plan Dear Mr. Serio: Would you kindly place Coolidge Construction Co., Inc. on the agenda for April 14, 1987 Zoning Board of Appeals Meeting so that Cooldidge Construction can submit its revised plan for acceptance under its Special Permit, dated July 2, 1985. Thank you for your cooperation in this matter. Very truly yours, William C. Sheridan WCS:na NORTH 16 0 .. 9SSHCIHUSEt .. TOWN OF NORTH. ANDOVER MASSACHUSETTS BOARD OF APPEALS John F. McGarry Law Office 401 Andover Street N. Andover, MA 01845 RE: Parcel 2B, Lot 3A Dale Street Special Permit, July.2,, 1985 Submission of House Plans Dear Mr. McGarry: The Board of Appeals held a review of your building plans, at the April 14th regular meeting, for the construction of a house by Coolidge Construction on property located at 3A Dale Street, North Andover, MA . Upon a motion by Mr. Frizelle and seconded by Mr. Soule, the Board VOTED to ACCEPT the house plans as submitted subject to the resolving of the pending litigation against the Board of Appeals.. The Board finds thatou have complied with. the conditions y p set forth by -the Board when it granted the Special Permit under Section 4, Paragraph 4.133 of the Zoning ByLaw, specifically the reduction of the size of the dwelling and relocation of the driveway. Sincerely,. BOARD OF APPEALS Frank Serio,' Jr. Chairman A OFFICE OF TOWN COUNSEL x 89 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 DOMENICJ. SCALISE PETER G. SHAHEEN TOWN COUNSEL Ll M E M O R A N D U M ' TO: Keith..A.,Bergman, Executive Secretary FROM: Town Counsel SUBJECT: n demnification�for Coolidge Construction Company Case DATE: December 3, 1985 (617)682-4153 (617)689-0800 This memorandum serves as our opinion concerning the indemnification of municipal officials. After review 'of the relevant case law and statutory law it is our opinion that the Executive Secretary's _assess - me nt_of�Chapter 258, Section 13 is correct. That is that municipal officers whether -they be elected or appointed are indemnified and t saved harmless from personal financial loss and expenses including-__ reasonable legal fees and'costs in an amount not to exceed One -Million �Dollars for any claims, demand, suitor judgement by reason of any act or omission that they shall undertake or cause.,.S:Since thetownhas' 4 ll� adopted--and--accepted-Chapter-258; Section --13 which provides for the idemnification of municipal officers it is not necessary for these officers to request such indemnification as it is granted as a matter of course. This indemnification applies so long as the municipal officers or boards were acting in their official_du-t.i.es_or employments. Chapter 258, Section �l3,,_however; does not provide indemnification for the ir_ �entio n. a� -v- n-2ation of the civil rights of a person: Since -the-i Coolidge -Construction -Company case -has t6—db- with -an act—taken by the Planning Board and The Board of,Appeals acting in their official cap- acities we believe that they fall squarely within the protection of Chapter 258,' Section 13,. C. 258 ANNOTATED LAWS OF MASSACHUSETTS §13 § 13.. Indemnification of Municipal Officials. [The first paragraph is amended to read asJollows:l Aiiy city or town which accepted section one hundred I of +chapter forty- one on or -before July twentieth, nineteen hundred and seventy-eight, and any other city Which accepts this section according to its charter, and any town which accepts this section in the manner hereinafter provided in this section shall indemnify and save harmless municipal officers, elected or appointed. from personal financial loss and expense including reasonable legal fees and costs, if any, in an amount not to exceed one million dollars, ' arising ovt •of any claim, demand, suit or judgment by reason of any act or omission,- except an intentional violation of civil rights of any person, if the official at the time of such act or omission was acting within the scope of his official duties or employment. (Amended. by 1982, 176, § 1, approved June 28, 1982; by 4 2, effective July 20, 1978.) This act shall be submitted for acceptance to the voters .of each town at an annual town meeting in the form of the following question which ,shall be placed on the official ballot to be used for the election of town officers at said meeting: "Shall the town vote to accept the provisions of section thirteen of chapter two hundred and fifty-eight of the General laws which provides that the town shall indemnify and save harmless municipal officers, elected or appointed, from personal financial loss and expense including reasonable legal fees and costs, if any, in an amount not.to exceed one million dollars, arising out of any claim, demand, suit or judgment by reason of any act or omission except an intentional violation of civil rights of any person under any law, if the official at the time of such act or omission was acting within the scope of his official duties or employ- ment?" If a majority of the votes in answer to said question is in the affirmative, said provisions shall thereupon take full effect, but not otherwise. (1979, 396, § 1, approved, with emergency preamble July 20, 1979; by § 3, effective July 20, 1978.) o i AurW 46 IONT No "I gla�•ics 550 ' LAW OFFICES OF JOHN F. McGARRY 401 ANDOVER STREET NORTH ANDOVER, MASSACHUSETTS 01845 JOHN F. MCGARRY RUSSELL A. BODNAR WILLIAM C. SHERIDAN KENNETH J. GOULD JAMES W. ROONEY December 6, 1985 Board of Appeals Town of North Andover 120 Main Street North.Andover, MA 01845 AREA CODE (617) 686-1111 Re: Coolidge Construction Co., Inc. vs. Board of Appeals, Town of North Andover, et al - C. A. Nos. 85-2538/85-2539 Gentlemen: Enclosed you will find two Amended Complaints filed in the above -referenced actions. The provisions of each Amendmentare to clarify that the inverse condemnation suit containing a prayer for damages is asserted by the Plaintiffs only against the Board of Appeals, Town of North Andover and not against the individual members of either that Board or of the Planning Board, Town of North Andover. I apologise for the confusion. Very truly yours, Z64 William C. Sheridan WCS:na Enclosure r' s Essex,ss. COMMONWEALTH OF MASSACHUSETTS COOLIDGE CONSTRUCTION CO., INC., AND JOHN F. MCGARRY, TRUSTEE OF OF MILL TRUST, Plaintiffs VS. BOARD OF APPEALS, TOWN OF NORTH ANDOVER, MASSACHUSETTS, FRANCIS SERIO, ALFRED FRIZELLE, WILLIAM SULLIVAN, RAYMOND VIVENZIO, WALTER SOULE, AUGUSTINE NICKERSON, PLANNING BOARD FOR THE TOWN OF NORTH ANDOVER, MASSACHUSETTS, PAUL A. HETSTROM, MICHAEL P. ROBERTS, JOHN A. JAMES, JOHN J. BURKE, AND ERIC W. NITZSCHE, Defendants Superior Court No. 85-2538 AMENDMENT OF COMPLAINT The Plaintiffs, Coolidge Construction Co., Inc., and John F. McGarry, Trustee of Mill Trust, amend their Complaint, as a matter of course under the provisions of Rule 15(a), Massachusetts Rules of Civil Procedure, in the following respects: 1. Page 5 and 6, strike paragraph 28. 2. Page 6 and 7, strike sub -paragraph (d) and (e) from Plaintiffs' prayer. 3. Page 9, insert the following: _COUNT VI. (Asserted Against Board of Appeals, Town of North Andover., a Body Politic Only) 38 Plaintiffs reallege and incorporate herein the allegations contained in paragraphs 1 through 37 of this Complaint. 39. In denying Plaintiffs' request for a special permit, the Board of Appeals, Town of North Andover, has unlawfully taken Plaintiffs' property without just compensation by exercising its zoning powers in such a manner and to such an extent, as to deprive the Plaintiffs' land of all practical value, leaving the Plaintiffs with only the burden of paying taxes on it. 40. In denying Plaintiffs' request for a special permit, the Board of Appeals, Town of North Andover, has thus violated Plaintiffs' rights under the Fifth Amendment of the United States Constitution, under the United States Civil Rights Act, 42U.S.C. Section 1983, under Article X, Constitution of the Commonwealth of Massachusetts and under the Massachusetts Civil Rights Act MGL Chapter 12, Section III. WHEREFORE, Plaintiffs respectfully request the following release: a. That this Court award Plaintiffs Two Hundred Seventy -Five Thousand ($275,000.00) Dollars as compensation for the damages sustained by Plaintiffs as a result of Defendants interference with Plaintiffs' use of Lot B, Great Pond Road, North Andover, Massachusetts and as compensation for the decrease in the fair market value thereof; b... That this Court award Plaintiffs the costs and attorney's fees incurred in bringing this action; and C. Such other relief as justice and equity may require. _�__� Date __L __...__r 6, 1985 The Plaintiffs By their Attorney William C. Sheridan, Esquire 401 Andover Street North Andover, MA 01845 (Tel) 617-686-1111 M1 • i, r d 1 Essex,ss. COMMONWEALTH OF MASSACHUSETTS COOLIDGE CONSTRUCTION CO., INC., ) AND JOHN F. MCGARRY, TRUSTEE OF ) OF MILL TRUST, ) Plaintiffs ) VS. ) BOARD OF APPEALS, TOWN OF ) NORTH ANDOVER, MASSACHUSETTS, ) FRANCIS SERIO, ALFRED FRIZELLE, ) WILLIAM SULLIVAN, RAYMOND ) VIVENZIO, WALTER SOULE, AUGUSTINE) NICKERSON, PLANNING BOARD FOR ) THE TOWN OF NORTH ANDOVER, ) MASSACHUSETTS, PAUL A. HETSTROM, ) MICHAEL P. ROBERTS, JOHN A. ) JAMES, JOHN J. BURKE, AND ERIC ) W. NITZSCHE, ) Defendants ) Superior Court No. 85-2539 AMENDMENT OF COMPLAINT The Plaintiffs, Coolidge Construction Co., Inc., and John F. McGarry, Trustee of Mill Trust, amend their Complaint, as a matter of course under the provisions of Rule 15(a), Massachusetts Rules of Civil Procedure, in the following respects: 1. Page 5, strike paragraph 28. 2. Page 7, strike paragraph (d) and (e) of Plaintiffs' prayer. 3. Page 9, insert the following: COUNT VI .(Asserted Against Board of Appeals, Town of North Andover, a Body Politic Only) 38 Plaintiffs reallege and incorporate herein the allegations contained in paragraphs 1 through 37 of this Complaint. 39. In denying Plaintiffs' request for a special permit, the Board of Appeals, Town of North Andover, has unlawfully taken Plaintiffs' property without just compensation by exercising its zoning powers in such a manner and to such an extent, as to deprive the Plaintiffs' land of all practical value, leaving the Plaintiffs with only the burden of paying taxes on it. 40. In denying Plaintiffs' request for a special permit, the Board of Appeals, Town of North Andover, has thus violated Plaintiffs' rights under the Fifth Amendment of the United States Constitution, under the United States Civil Rights Act, 42U.S.C. Section 1983, under Article X, Constitution of the Commonwealth of Massachusetts and under the Massachusetts Civil Rights Act MGL Chapter 12, Section III. WHEREFORE, Plaintiffs respectfully request the following relief: a. That this Court award Plaintiffs Two Hundred Fifty Thousand ($250,000.00) Dollars as compensation for damages sustained by Plaintiffs as a result of the Defendant's interference with the Plaintiffs' use of Lots 2, 3, 4 and .5 of the Premises and as compensation for the decrease in the fair market value thereof; b. That this Court award Plaintiffs the costs and attorney's fees incurred in bringing this action; and c. Such other relief as justice and equity may require. Dated: December 6, 1985 The Plaintiffs By their Attorneys, William C. Sheridan, Esquire 401 Andover Street North Andover, MA 01845 Tel: (617) 686-1111 TOWN OF NORTH ANDOVER. MASSACHUSETTS OFFICE OF BOARD OF SELECTMEN MEMORANDUM TO: Members of the Board of Appeals and the Planning Board FROM: Keith A. Bergman, Executive Secretary DATE: November 25, 1985 SUBJ: Indemnification for Coolidge Construction Co. Case TELEPHONE 682-6483 The Board of Selectmen has the Appeals Board's letter of November 18, 1985, and the Planning Board's of November 22, 1985, requesting indemnification by the Selectmen for the members of these two boards in connection with the recently filed Coolidge Construction Co. case. I have referred both requests to Town Counsel, who have reviewed them along with the controlling statute, MGL Chapter 258, section 13, as amended (copy attached). Said section 13— which the Town accepted by its affirmative vote on Question 1 of the March 2, 1981 Annual Town Election ballot— provides that "any town which accepts this section ... shall indemnify and save harmless municipal officers, elected or appointed, from personal financial loss and expense including reasonable legal fees and costs, if any, in an amount not to exceed one million dollars, arising out of any claim, demand, suit or judgment by reason of any act or omission ... if the official at the time of such act or omission was acting within the scope of his official duties or employment" [emphasis added]. The ,key word here is "shall," implying the nondiscretionary nature of indemnification. The statutes say public officials acting in their official capacity are indemnified. By copy of this letter to Town Counsel Domenic Scalise and Peter Shaheen, I am asking for their written opinion— to confirm my and their understanding of this issue— that no vote of the Selectmen is either required or permitted under MGL Chapter 258, section 13 to indemnify the members of the Board of Appeals and the Planning Board in the instant case. The Selectmen would wish to monitor the progress of this and all other litigation involving the Town; but no action need be taken by them on the issue of indemnification. Enclosure cc: Town Counsel C. 258 ANNOTATED LAWS OF MASSACHUSETTS § 13 § 13. Indemnification of Municipal Officials. '.. (The first paragraph is amended to read as .follows:) Any city or town which accepted section one' hundred I of chapter forty- one on or before July twentieth, nineteen hundred and seventy-eight, and any other city which accepts this section according to its charter, and any town which accepts this section in the manner hereinafter provided in this section shall indemnify and save harmless municipal officers, elected or appointed. from personal financial loss and expense including reasonable legal fees and costs, if any, in an amount not to exceed one million dollars, arising out 'of any claim, demand, suit or judgment by reason of any act or omission,- except an intentional violation of civil rights of any person, if the official at the time of such act or omission was acting within the scope of his official duties or employment. (Amended, by 1982, 176, § 1, approved June 28, 1982; by § 2, effective July 20, 1978.) This act shall be submitted for acceptance to the voters of each town at an annual town meeting in the form of the following question which shall be placed on the official ballot to be used for the election of town officers at said meeting:— "Shall the town vote to accept the provisions of section thirteen of chapter two hundred and fifty-eight of the General laws which provides that the town shall indemnify and save harmless municipal officers, elected or appointed, from personal financial loss and expense including reasonable legal fees and costs, if any, in an amount notto exceed one million dollars, arising out of any claim, demand, suit or judgment by reason of any act or omission except an intentional violation of civil rights of any person under any lave, if the official at the time of such act or omission was acting within the scope of his official duties or employ- ment?" If a majority of the votes in answer to said question is in the affirmative, said provisions shall thereupon take full effect, but not otherwise. (1979, 396, § 1, approved, with emergency preamble July 20, 1979; by § 3, effective July 20, 1.978.) yes ItNT NO 481 S", 5I 0 DOMENIC J. SCALISE PETER G. SHAHEEN TOWN COUNSEL OFFICE OF TOWN COUNSEL 89 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 M E M O R A N D U M TO: Keith_,A., Bergman, Executive Secretary FROM: Town Counsel SUBJECT: Indemnification for Coolidge Construction Company Case DATE: December 3, 1985 (617)682-4153 (617)689-0800 This memorandum serves as our opinion concerning the indemnification of municipal officials. After review of the relevant case law and statutory law it is our opinion that the Executive Secretary's assess- ment of Chapter 258, Section 13 is correct. That is that municipal officers whether they be elected or appointed are indemnified and saved harmless from personal financial loss and expenses including reasonable legal fees and costs in an amount not to exceed One -Million Dollars for any claims, demand, suit or judgement by reason of any act or omission that they shall undertake or cause. Since the town has adopted and accepted Chapter 258, Section 13 which provides for the idemnification of municipal officers it is not necessary for these officers to request such indemnification as it is granted as a matter of course. This indemnification applies so long as the municipal officers or boards were acting in their official duties or employments. Chapter 258, Section 13, however, does not provide indemnification for the intentional violation of the civil rights of a person. Since the Coolidge Construction Company case has to do with an act taken by the Planning Board and The Board of Appeals acting in their official cap- acities, we believe that they fall squarely within the protection of Chapter 258, Section 13. MUM HM TOWN OF NORTH ANDOVE`t MASSACHUSETTS A TO: Frank Serio, Chairman, Bd. of Appeals FROM: Michael Roberts, Chairman DATE: June 10, 1985 SUBJ: Watershed District Special Permits Based on Town Counsel's letter dated May 8, 1985, building permit --and special permit had:to be approved by March,1981', (the date of the first moratorium legal notice) in order for the Planning Board to maintain its jurisdiction under Sction 4.133(d). Therefore, the purpose of this memo is to take the opportunity to comment on each application, now before the Zon,-ig Board of Appeals. B. Angus Realty Trust This plan was reviewed by the Planning Bd. at several public meetings. The new proposal is to remove the existing store and construct a larger retail complex. Drainage is being directed away from Lake Cochichewick by regrading the site, in addition to tying into the new sewer line. After considerable review and input from other departments, we recommend that the applicant modify the plans by removing that portion of the building- within 350 feet of the Lake and enlarging the building elsewhere. the applicant can accomodate this change on the plan. C.& D. Daher & Sobel: Great Pond Rd. The Planning Bd. approved a common drivewaZ for these two lots to provide access to Lot #14 Great Pond Rd. The approval was based on several conditions listed in the recision (a copy of which was forwarded to your Board). If thf applicant strictly adheres to the Planning Board's decision, ve recommend that your board approve the special permit p'ovLded the applicant completes the driveway construction by 6ept,eber 1,1985. W�;a tershed District Special Permits Page Two E. Coolidge Construction: Great Pond Rd. The history of this parcel dates back to a June 1984 -- Preliminary Subdivision Plan disapproved showing 3 lots. A definitive plan was resubmitted showing 2.. lots on a cul-de-sac. We had previously advised the applicant that due to the environmental sensitivity of the pFrcel, one lot would be the most feasible, thus eliminating tht road construction and crossing of a tributary to the Lake. On June 3, 1985, the Planning Bd. accepted the applicant's regi�st to withdraw the subdivision without prejudice. We would recommend that there be no decision made on this special permit until the Conservation C-mm'ssion has reviewed and provided the necessary input on tr _ i,ipact on both the wetlands and Lake. F. Coolidge Construction The proposed new house and common driveway construction on lots 2-5 on plan show considerable construction activity on a 7 acre parcel of land located entirely i,n the Watershed District. It is this type of development that should be scrutinized by the Board of Health (for both the septic and well proposal) and the Conservation Commission concerning he impact on wetlands. The driveway, house locations and septic systems should be staked and we recommend a joint site visit to view the proposed construction impact. Lastly, the applicant must go before the Planning Board for a special permit to construct a common drive►ay. G. Coolidge Construction: Dale Street Would you kindly provide our office wit.. a -)lan to review in order to make the appropriate recommendations_ We would appreciate notification of any forthcoming applications and plans for construction by special permit in the Watershed District. We realize that your Board has been inundated with these requests, and would like to offer any assistance in processing or reviewing these plans as you see needed. Thank you. /kp