Andover neighbors sue to halt project                 5/24/00
Legal appeal claims Powder Mill Square developers
failed to register the real-estate trust.
By Ethan Forman
Eagle-Tribune Writer

ANDOVER — Neighbors of the planned Powder Mill Square apartment and medical office project have gone to court to stop the development.They say a parking garage that is part of the development will harm the Shawsheen neighborhood because it is designed to flood with raw sewage during wet weather. Developers say the garage will be built to take in flood waters and sewage that would otherwise flood nearby homes. But the neighbors don't believe it's a good idea.
   "The plaintiffs have asserted that the possibility of a sewage-filled parking garage, or the required closure of the medical facility designed to meet the needs of the Andover community, does not meet or safisfy the zoning bylaw's fundamental mandate to 'promote the health, safety, convenience, morals and general welfare"' of residents, an appeal filed in Essex Superior Court said.
   The planned buildings would sit on five acres across from Shawsheen Plaza on North Main Street and the U.S. Post Office on Stevens Street.In part, the plaintiffs — Peter M. Hadley and Donna J. Hadley of 8 Joyce Terrace — say developers failed to register their real estate trust, and therefore did not have standing before the Planning Board when they sought permission for the project.
   "We'll just proceed accordingly in the normal course of business and we'll deal with it when it comes up," Thomas D. Laudani, one of the partners in the development, said of the appeal. He said he could not comment on the registered status of the development trust, Northpoint Realty Trust.
   The Hadleys would like to over- turn the April Planning Board decision that paved the way for a 4-story, 65,000 square-foot medical office building, and a 4- to 5-story apartment building with 72 units. The development would require the demolition of several homes along North Main Street along with a former medical office building.
   Much of the development would sit on an abandoned parcel along the Shawsheen River. Developers plan to build a 308-space underground parking garage, the bottom floor of which would flood when the river overflows its banks.
   Mr. Hadley has also appealed the Conservation  Commission approval of the project to the  Department of Environmental Protection.
   The Hadleys' appeal seeks to overturn three special permits approved by the Planning Board. Abutters say the development:
   Will increase flooding in the area.
  Is sited illegally in a portion of a 100 year flood plain.
   Lacks proper drainage and sewage connections.
   "Endangers vehicle and pedestrian traffic."
   Does not provide the minimum amount of affordable housing units, according to zoning bylaws. Of th 72 proposed apartments, 14 will be set aside as affordable.
The plaintiffs say that since the garage is designed to flood, the development lacks adequate parking.
"It is clear that the parking bylaw does not permit the designation of parking spaces that may be unavailable for parking due to flooding," the appeal said.
The appeal names the developers, Louis P. Minicucci and Mr. Laudani, as trustees of Northpoint Realty Trust of North Andover, as well as individual members of the Planning Board: Michael H. Miller, Paul J. Salafia, Susan W. Alovisetti, Linn N. Anderson, Vincent A. Chiozzi, Jr. and Sheila M. Doherty. The appeal also names the town of Andover.
   Mr. Hadley's attorney, Matthew A. Caffery, said he did not want to comment while the case is pending. Mr. Salafia also did not want to comment.
This report was prepared by Andover reporter Ethan Forman. If you have questions, comments or material to add on this subject, please contact him by phone at 946- 2000, by mail at Box 100, Lawrence, MA 01842, or by e-mail at eforman@eagletribune.com.