Plaintiffs Bernadette Lyons, Julie McLeod and James McLeod (Plaintiffs) initiated this action on October 2, 2013, against Defendant 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 meetings to discuss a request to modify Conditions 5 and 6 of the Subdivision Plan approval. At a meeting held September 24, 2013, the Board reaffirmed its approval of the modification of Condition 5 to allow the existing paved roadway to remain centered within the Reynolds Street layout. 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 479285 and 13 MISC 480952. A decision of todays date has issued and, in accordance with that decision, it is hereby:
ADJUDGED and ORDERED Julie McLeod and James McLeod lack standing to prosecute this appeal and they are DISMISSED from the case; and it is further
ADJUDGED and ORDERED that the Boards vote on September 24, 2013, as it relates to the Reynolds Street Subdivision Plan, is AFFIRMED.
[Note 1] James Lyons was removed as a plaintiff in these actions on March 24, 2014. Remaining Plaintiffs are Bernadette Lyons, Julie McLeod, and James 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.