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Home My WebLink AboutMiscellaneous - 426 ANDOVER STREET DOMENIC J. SCALISE Attorney at Law (/ 89 Main Street North Andover,MA 01845 Telephone (978) 6 24153 RECEI Eo Fax (978) 794-2088 MAY ?008 Email djs@djscalise.com NOMvER PLANNING DEPARTMENT May 1, 2008 Board of Selectmen Town of North Andover Main Street North Andover,MA 01845 RE: Article 45-Amend Zoning Map—4 Parcels 396-398, 404, 424 and 426 Andover Street Dear Members of the Board: Concerning the above-captioned matter, the petitioners of the Article;request that it be "withdrawn without prejudice" from consideration at the Annual Town Meeting scheduled for Tuesday, May 13, 2008. Thanking you in advance for your assistance, I remain Very ly yours omenic J c ise '� DJS/t CC: Town Clerk ' v Planning Board J, FIT I 7. { s pORTH q °O� -CEIVED O l CICL 7' ATs o Ppa` y �SSAC HUTOVrl OF PLANNING DEPARTMENT NORTH �NDOVE i', �ASS�C;� i Community Development Division Form A —Application for APPROVAL NOT REQUIRED DATE: Bring three application forms to the Town Clerk's office to time stamp. Leave one application with the Town Clerk and bring two applications to the Planning Department. The undersigned, believing that the accompanying plan of property in the Town of North Andover,Massachusetts, does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required. 1. Name Of Applicant: t` Address: A i lip /2:14-d e, 2. Location and Description of Property[include Assessoes Map and Lot and Zoning District(s)]: mac/ .8' -3. Deed Reference: Book /'0'F3 9 Page 4477 ;�q00 or Certificate of Title: At 1A 4. Name of Surveyor: 1' r Address: /�z &,rw AYA err ry, Signature of Owner(s): Address: 4-d Page l of 2 1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Edited 8/1/07 Please indicate the grounds (either A, B, C or D, not a combination) on which you believe your plan not to be a subdivision. A. Each lot on the plan meets one of the following criteria: 1. Has the frontage, lot area, and lot width required under the Zoning By-law on: a)a public way,or b)a way which the Town Clerk certifies is maintained&used as a public way,or c) a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law, recorded in Plan Book Plan - ,or d)a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds adequate for the way's proposed use,or e)a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the adoption of the Subdivision Control Law. B. Each Lot has been clearly marked on the plan to be either: a)joined to and made part of an adjacent lot, or b) labeled "Not A Building Lot". i 51C. Each lot on the plan contains a building that existed prior to the adoption of the Subdivision Control Law. J. The plan shows an existing,parcel with no new lot division(s)and has frontage on a way described above. Received: Town of North Andover Town Clerk(date stamp): Signature of Town Official receiving this application: Notice to APPLICANTITOWN CLERK of action of Planning Board on accompanying plan: 1. The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law,and the appropriate endorsement has been made upon the same. 2. The North Andover Planning Board has determined that said plan shows a subdivision,as defined by G.L.c.41,s.81-L and must,therefore, be resubmitted for approval under the Subdivision Control Law. Very truly yours, North Andover Planning Board By: Date: Page2 of 2 1600 Osgood Street,North Andover,Bidg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Edited 8/1/07 f- C+OMMONUvEAL!`9 OF WMACHUSETTS Essex, ss. Trial Court of the Commonwealth The Superior Court Docket No.: 08-0158 Phomas Carroll, :plaintiff - tiJs -• Cheryl L.Kettingez,Trastee of Lewis-:Highia d'Tftace ReaIty' — Trust, Briati K_ S�fferleers, Patricia SifiFerlen,Maurice F.. Lynch,Jr. and Joan L.Lynca'a Defendants FindinM Rulings and Order: 'lhe plaintiff bas commenced this action seeking judgment to abandon a portion ofa`paper street' known a Prospect Terrace within the town of North Andover. Aer-ordingto the court's case file,notice xm been,provided to each abettor in interest in this matter.and tier Have been no answers filed with the Court.Accordingly,default as to those patties in interest is now.entered. Before the Court can proceed further to enter a judgment in this matter,the plaintiff shall be rewired to present to the Planning Board of the town of North Andover for its endorsernent a plan.,in=ordablc form,depicting-that,pord.on of Prospect Ton-ace sought to be abandoned-A eepy of a i ..sueh;vlan-so-ender seRnf smd planning o+:}ard-ab6h-be:reta ned-by the towing 6f North-' _ Andover for its records. Upon such endorsement,the plaintiff is.givenleave to present a motion to this Court to seek final default judgment in this matter. ' the Court: Hort. Robert A.Cometta Justice February 4, 2010 Print Form µoRTH O'tt�eo •��NG �? PI EC E IVSD t A++ Y# 2010 MAR 31 PM 12: 29 ,SswCHU`+� PLANNING DEPARTMENT T C��i ii �C NII AC°.'Iwt Community Development Division MASSACHUSETTS Form A—Application for APPROVAL NOT REQUIRED DATE: 3/25/10 Bring three application forms to the Town Clerk's office to time stamp. Leave one application with the Town Clerk and bring two applications to the Planning Department. The undersigned, believing that the accompanying plan of property in Town of North Andover, Massachusetts,does not constitute a subdivision within the meaning of the Subdivision Control Law,herewith submits said plan fora determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required. 1. Name Of Applicant: Thomas Carroll Address: 11 Bailey Rd . , Andover, MA 01810 2. Location and-Description of Property[include Assessor's-Map and Lot and Zoning District(s)]: Parcel 'A ' and Parcel 'B ' at 404 and 426 Andover St. Map 24, Lots 38 and 4 Residence — 4 District 3. Deed Reference: Book 10839 page 277 & 298 or Certificate of Title: tv/A 4. NameofSurveyor: Andover Consultants Inc. Address: 1 East River Place, Methuen, MA 01844 Signature of Owner(s): Address: 11 Bailey Rd. , Andover, MA 01810 Page 1 of 2 1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Edited 8/1/07 Please indicate the grounds(either A, B, C or D, not a combination)on which you believe your plan not to be a subdivision. [:]A. Each lot on the plan meets one of the following criteria: 1. Has the frontage,lot area, and lot width required under the Zoning By-law on: a)a public way,or b)a way which the Town Clerk certifies is maintained&used as a public way,or c)a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law, recorded in Plan Book Plan ,or d)a way in existence before the adoption of the Subdivi t n Control Law by the Town and which the Board finds adequate for the way's proposed use,or e)a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the adoption of the Subdivision Control Law. B. Each Lot has been clearly marked on the plan to be either: a)joined to and made part of an adjacent lot,or b)labeled'Not A Building Lof. C. Each lot on the plan contains a building that existed prior to the adoption of the Subdivision Control Law. D. mY. Thel plan--shows an:existing-parcekwithno new:lotd'nrision(s)andbasfrontage-owaway describedabove. Received:Town of North Andover Town Clerk(date stamp): Signature of Town Official receiving this application: Notice to APPLICANTITOWN CLERK of action of Planning Board on accompanying plan: 1. The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law,and the appropriate endorsement has been made upon the same. 2. The North Andover Planning Board has determined that said plan shows a subdivision,as defined by G.L.c.41,s.81-L and must,therefore, be resubmitted for approval under the Subdivision Control Law. Very truly yours, North Andover Planning Board By: Date: Page 2 of 2 1600 Osgood Street,North Andover,Bldg10,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Edited 8/1/07 COMMONWEr1.t.T!"l'OF MASSACHUSE1"1S Essex.,ss. Trial Cow of the Commonwealth The Superior Court Docket No.:08-0 158 Thomas Carroll, Plaintiff Cheryl L.Kettinger,Trustee of ._,_. .... ••--�tiie.Lcv�zs-l-lighiaxai�Teirflce Rei��ty. Trust,Brian K_ S�ffierlen, , Patricia Sifferlen,Maurice F.. Lynch,Jr. and Joan L. Lymeh Defendants Findings,Rulings and Order: '('he plaintiff leas commenced this action seeking judgment to abandon a portion ofa`paper street' known a�Prospect Terrace widdn the town of North Andover. According to the court's case f le,notice has been provided to each abuttor in interest in this matter.aad there Lave been no answers filed with.the Court.Accordingly,default as to those patties in interest is novo entered. Before the Court can proceed further to enter a judgment in this matter,the plaintiff shall be required to present to the Planr!ing Board of the towxt of'Norrb Andover for its ctatiorse;ntnt a plan,ir.recordable Porn,depicting that poriion rx Pros7wtTetrace sought to be abandoned..A popy erf'smi; swelt-plan-ez�dc�rseci r�said.glanni t ao 'sig lie reiaincYib � tovvtatf;�irrrtiz- _ Andover for its records. Upon such endorsement,the plaintiff is.given leave to present a motion to this Court to seek final default judgment in this matter. `Court: ; kon. Robert A.Cornetts Justice February 4,2010 M.H.B.(FND.) L=295.43' �` R=2160.89' \ R & L FAMILY TRUST N/F N/F RICHARD C. & LILLIAN L. YOUNG WOO JEON WILLIAM E. & NANCY D. LAFOND, TRUSTEES & YEONJU PARK LEVER 0 li9c� PIN(FND.) <9�0 212.38' S58'21`08"E PIPE(FND.) PARCEL "A" 3 N IN W �' 24,061 S.F. 0� o 0 � M N/F V) BRIAN (& PATRICIA EXISTING DWELLING SIFFERLEN #404 2 � C �^ `J O O � O �*1 N — - - - - — �ORIGINALLOTLINEPIPE(FND.vp— ORTION OF PAPER STREET TO BE ABANDONED ) N NEW LOT LINE P — 188.63' N58'21'O8"W —. REFERENCE PLANS: = I 116.77' N58'21'08"W PLANS ON FILE AT THE ESSEX COUNTY PORTION OF PAPER STREET TO BE ABANDONED PROSPECT (PAPER STREET) TERRACE REGISTRY OF DEEDS, NORTHERN DISTRICT. PIPE(FND.) 1). PLAN 88. 2). PLAN 7778. � ORIGINAL LOT LINE NORTH AND-OVER—PLAN NINO BOARD DEED BOOK 10839, PAGE 277 THIS PLAN DOES NOT REQUIRE THE DEED BOOK 10839, PAGE 298 N 04 nII APPROVAL OF THE NORTH ANDOVER w PARCEL "B" °i PLANNING BOARD. N I HEREBY CERTIFY THAT THIS 12,587 S.F. DATE PLAN CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF N/F THE ABOVE ENDORSEMENT IS NOT A DEEDS OF MASSACHUSETTS. LEWIS—HIGHLAND TERRACE DETERMINATION AS TO CONFORMANCE 11 114Q o EX�SjING REALTY TRUST WITH ZONING REGULATIONS. REG. PROF. LAN15 SURVEYOR ( (� ' , OwEG CHERYL L. KETTINGER v ' TRUSTEE o PLAN OF LAND FOR REGISTRY USE ONLY in N IN NORTH ANDOVER MASS. OWNER: THOMAS CARROLL PIPE DATE: MARCH 22, 2010 PIPE (PND ) (FND.) SCALE: 1 "=20' ��J" OF 93.02' N58'21'08"W andover 02 consultants (qN o SuR\1 N/F � RICHARD & SUSAN J. inc. MESERVEY 1 East River Place William S. MacLeod Methuen, Mass. 01844 Reg. Prof. Land Surveyor \07-27\dwg\PLAND.dwg 0 20 40 60 80 Ft.