Plaintiff Bernadette Lyons initiated this action on December 19, 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 December 3, 2013, the Board approved the modification of Condition 6 to allow the connection of other driveways to the pavement by parties with rights to connect, and allow the use of the pavement by owners who have those rights. Plaintiff 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. She further alleged that Defendant Ross has no rights of access over Reynolds Street.
This case was tried together with Cases 13 MISC 479285 and 13 MISC 479852. A decision of todays date has issued and, in accordance with that decision, it is hereby:
ADJUDGED and ORDERED that the Boards vote on December 3, 2013, as it relates to the Reynolds Street Subdivision Plan, is AFFIRMED.
[Note 1] James Lyons was removed as a plaintiff on March 24, 2014.
[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.