Home JAMES LYONS, et al, [Note 1] v. JOAN DUFF, et al, as they are MEMBERS of the ANDOVER PLANNING BOARD, and STEVEN A. ROSS, as TRUSTEE of the REYNOLDS LENDING TRUST. [Note 2]

MISC 13-479285

July 22, 2015

Essex, ss.



Plaintiffs Bernadette Lyons and Julie McLeod (Plaintiffs) initiated this action on August 29, 2013, against Defendants members of the Town of Andover Planning Board (Board) and Steven A. Ross, Trustee of the Reynolds Lending Trust, appealing the approval of a modification to a subdivision plan pursuant to G. L. c. 41, § 81BB.

On January 4, 2005, and “reaffirmed” on July 13, 2010, the Board endorsed for approval a subdivision plan titled “Definitive Subdivision Plan in Andover, Massachusetts, dated June 28, 2004” (Subdivision Plan), subject to twelve conditions. In August 2013, the Board initiated the first of a series of public meetings to discuss a request to modify Conditions 5 and 6 of the Subdivision Plan approval. At a meeting held August 13, 2013, the Board approved the modification of Condition 5 to allow the existing paved roadway to remain centered within Reynolds Street. Plaintiffs appealed, alleging, inter alia, that the Board erred in categorizing the changes to the Subdivision Plan as minor modifications and failed to provide proper notice.

This case was tried together with Cases 13 MISC 479852 and 13 MISC 480952. A decision of today’s date has issued and, in accordance with that decision, it is hereby:

ADJUDGED and ORDERED Julie McLeod does not have standing to prosecute this appeal and she is DISMISSED from the case; and it is further

ADJUDGED and ORDERED that the Board’s vote on August 13, 2013, as it relates to the Reynolds Street Subdivision Plan, is AFFIRMED.

So ordered.


[Note 1] James Lyons and James McLeod were removed as plaintiffs on March 24, 2014. Remaining Plaintiffs are Bernadette Lyons and Julie McLeod.

[Note 2] Defendant Steven A. Ross, as Trustee of the Reynolds Lending Trust (Ross), was substituted for original Defendants William Johnson, individually and as Trustee of the Vale Realty Trust; and Arch Development, LLC, on June 4, 2014.