HomeMy WebLinkAboutWINTERVALE REALTY TRUST January 18, 2005
Wintervale Realty Trust
9 Travers Street
Haverhill, MA 01830
Re: ANR Plan Bradford Street
Dear Sir,
At the Planning Board meeting held on January 18,2005 a vote was taken to deny
endorsement of the ANR plan dated January 22,2004 revised December 8,2004. The
plan submitted does not meet the North Andover frontage requirements in the North
Andover Zoning Bylaw.
As stated in the previous denial in March 2004 the prior endorsement of the ANR plan in
1998 does not require the Board to sign a new ANR plan:which does not conform to the
frontage requirements of the North Andover Zoning Bylaw. Goldman v. Planning Board
Burlin on. 347 Mass. 320(1964).
Sincerely,
North A,rAdover Planning$pard
L/17 LW V
cc: Town Clerk
Merrimack Engineering
Building Department
y
FORM A
APPLICATION FOR APPROVAL NOT REQUIRED
DATE:
(Stamp two (2) forms with the Town Clerk. File one (1) form with the Town Clerk and one (1) form with the
Planning Board.)
To the Planning Board:
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.
Wintervale Realty Trust
1.Name of Applicant:
9 Travers Street Haverhill, MA 01830
Address:
2.Location and Description of Property[include Assessor's Map
andLot and ZoningDistrict(s)]: Lot lines on a Form A Plan previouS-1Y signed
by the North Andover Planning Board are to be revised; no
building in North Andover. Assessors Map #61 , no lot number.
Zone District is
7017 Page 165 IS/R2
3.Deed Reference: Book
or Certificate of Title:
4.Name of Surveyor:
Merrimack Engineering Services
66 Park Street
Address:
Andover, MA 01810
Signature of Owner(s):
9 Travers Street, Haverhill, MA 01830
Address:
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 theplan lan mee
is
one of the following criteria:
I. 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 300 Plan 8 5 ,or
a) 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 See Notes #1 -4 on the plan
b) labeled"Not A Building Lot".
building which existed prior to the adoption of the Subdivision
C. Each lot on the plan contains a
Control Law.
OThe plan shows an existing parcel with no new lot divisions) and has frontage on a way described
above.
Received: Town of North Andover Town Clerk(date stamp):
Signature of Town Official receiving this application:
Y ,
Notice to APPLICAN'TlTOWN 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 Paan iivision iv sdefined e by
G.L.c.41,s. 81-L and must therefore be re-submitted to it for approval under
thetrol
Law.
Very truly yours, Board
North Andover Planning
By: ✓
Date:
FORM A
APPLICATION FOR APPROVAL NOT REQUIRED
DATE:
(Stamp two (2) forms with the Town Clerk. File one (1) form with the Town Clerk and one (1) form with the
Planning Board.)
To the Planning Board:
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.
Wintervale Realty Trust
1.Name of Applicant:
Address:
9 Travers Street Haverhill, MA 01830
2.Location and Description of Property[include Assessor's Map
andLot and ZoningDistrict(s)]: Lot lines on a Form A Plan previously signed
by the North Andover Planning Board are to be revised; no
building in North Andover. Assessors Map #61 , no lot number.
Zone District is
3.Deed Reference: Book
70 17 page 165 IS/R2
or Certificate of Title:
4.Name.of Surveyor:
Merrimack Engineering Services
66 Park Street
Address:
Andover, MA 01810
Signature of Owner(s):
9 Travers Street, Haverhill, MA 01830
Address:
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____3 3 0_ plan___.g_5 ,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 See Notes #1 -4 on the plan
b) labeled"Not A Building Lot".
C. Each lot on the plan contains a building which existed prior to the adoption of the Subdivision
Control Law.
OD. 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:
a
Notice to APPLICANUTOWN 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 hhows a sub ivishe on,a defineion by
G.L.c.41,s. 81-L and must therefore be re-submitted to it for
approval
trol
Law.
Very truly yours, .
North Andover Planning Board
By:
Date:
Town of North Andover of No oT"�ti
Office of the Planning Department
Community Development and Services Division i
27 Charles Street
North Andover,Massachusetts 01845
bft://www.townofnorthandover.com
Town Planner: jparrino@townofnorthandover.com P (978)688-9535
Julie Parrino F (978)688-9542
March 12, 2004
King Weinstein
Wintervale Realty Trust
9 Travers Street
Haverhill, MA 01830
RE: ANR Plan,Bradford Street _
C`d)
Dear Mr. Weinstein:
As you are aware, the Planning Department is in receipt of a Form A Plan, filed February
26,2004, for lots fronting on Bradford Street in North Andover, MA. The original plans
were endorsed by the North Andover Planning Board in 1998. At this time,you are seeking
changes to lots lines for three parcels,which have frontage in North Andover on Bradford
Street. The majority of the lot areas are located in Haverhill and the properties will have
Haverhill addresses and will be served by Haverhill public utilities.
The lots do not meet the North Andover frontage requirements outlined in the North
Andover Zoning Bylaw. In 1998, the Planning Department requested an opinion from
Town Counsel as to whether the plans could be endorsed, as some of the lots with frontage
on Bradford Street in North Andover did not meet the 150' frontage requirement. At that
time, Town Counsel opined that the plan should not be endorsed, as the several of the lots
did not meet the North Andover frontage requirements. It is my understanding that the
plan was endorsed only because the Planning Board failed to comply with the statutory
deadline for an ANR denial.
As the lots on this plan do not meet the minimum frontage requirement of 150' feet, I
obtained a legal opinion from Town Counsel as how I should proceed on this application.
Town Counsel agrees with the 1998 opinion that the ANR plan may not be endorsed for the
proposed revisions. Town Counsel references Arrigo v. Phuming Board of Franklin, 12
Mass. App. Ct. 802 (1981)and Seguin v. Pkanning��Board of Upton, 33 Mass. App. Ct. 374
(1992).
It is the opinion of Town Counsel that the prior endorsement of the ANR plan in 1998 does
not require the Board to sign a new ANR plan which also does not conform to the frontage
requirements of the North Andover Zoning Bylaw. Goldman v. Planning Board of
Burlington, 347 Mass. 320 (1964).
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-
9535
Endorsement of the ANR plan filed with the North Andover Planning Board on February
26, 2004 is hereby DENIED.
Sincerely,
Jul!.Tarriho�, ow l Planner
cc: Planning Board
Heidi Griffin, Community Development Director
Mark Rees, Town Manager
Thomas Urbelis, Town Counsel
William Pillsbury,Haverhill Economic Development and Planning Director
Received by Town Clerk:
C L
FORM A �Lu 1"
v i
APPLICATION FOR ENDORSEMENT OF PLAN
BELIEVED NOT TO REQUIRE APPROVAL
2/26/2004
To the Planning Board of the Town of North Andover:
The undersigned wishes to record the accompanying plan and requests a determination by said Board that
approval by it under and Subdivision Control Law is not required. The undersigned believes that such
approval is not required for the following reasons:
1. The division of land shown on the accompanying plan is not a subdivision because every lot shown
thereon has the amount of frontage required by the North Andover Zoning By Law and is on a public
way,namely, Bradford Street or a private way,namely, ,
being land bounded as follows: Land bounded by Wintervale Realty Trust
2. The division of land shown on the accompanying plan is not a subdivision for the following reasons:
Lots have required frontage in Haverhill
3. Lot frontage and acreage of each lot depicted on accompanying plan. 80 ' minimum and
9600 ' S.F. minimum required in Haverhill is met.
See Covenants and Restrictions.
4. Description of proposal Move lot lines of a previously approved
Form A Plan.
5. Title reference North Essex Deed,Book 577 ;Page 165 ;or Certificate of
Title No. ,Registration Book ;Page
Applicants' Signature- I
to4;,
t� Owner's signature and address if not the
King Weinstein applicant:
(printname) Wintervale Realty Trust
Applicant's Address:
9 Travers Street
Haverhill, MA 01830
Tel.No. 978-374-4784
Notice to APPLICANUTOWN 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. 8I-L and must therefore be re-submitted to it for approval under the Subdivision Control
Law.
Very truly yours,
North Andover Planning Board
By:
Date:
Re;'ei v ed by Town C1 e rk
FORM A
Ofyt M, APPLICATION FOR ENDORSEMENT OF PLAN
BELIEVED NOT TO REQUIRE APPROVAL
j1% 47
19 f3
To the Planning Board of the Town of North Andover :
The undersigned wishes to record the accompanying plan and requests a
determination by said Board that approval by it under the Subdivision
Control Law is not required . The undersigned believes that such approval
is not required for the following reasons :
1 . The division of land shown on the accompanying plan is not a sub-
division because every lot shown thereon has the amount of frontage
required by the North Andover Zoning By Law and is on a public way ,
namely , ����. or a private way , namely ,
being land bounded as follows :
Al
2 . The division of land shown on the accompanying plan is not a sub-
division for the following reasons :
3 . Title reference North Essex Deeds , Book /¢71; Page Z � S^ or
Certificate of Title No . Registration Book
Page
Applicant' s ZSin:ature: Owner ' s signature and address if not
the applicant :
(Print Name)
Applicant ' s Address :
Z6-7
Tel. NO'. 4- 1/1 Z73
Received by Town Clerk ;
Notice to APPLICANT/TOWN 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 re-submitted to it for approval under the
Subdivision Control Law .
Very truly yours ,
NORTH ANDOVER PLANNING BOARD
By
Date :
Re,;,,ei ved by Town Clerk .
i FORM A
�RLICATION FOR ENDORSEMENT OF PLAN
9ELIEVED NOT TO REQUIRE APPROVAL
li !
JAN 53
19 q3
To the Planning Board of the Town of North Andover:
The undersigned wishes to record the accompanying plan and requests a
determination by said Board that approval by it under the Subdivision
Control Law is not required . The undersigned believes that such approval
is not required for the following reasons :
1 . The division of land shown on the accompanying plan is not a sub-
division because every lot shown thereon has the amount of frontage
required by the North Andover Zoning By Law and is on a public way ,
namely , or a private way , namely,
,being land bounded as follows :
IZ6),fi
U�tJ��� /Vca✓�t'�f �v7' �� fit- ��:s�.�rn.��� tcJ,. C��z
2 . The division of land shown on the accompanying plan is not a sub-
division for the following reasons :
3. Title reference North Essex Deeds , Book /422 Page Z or
Certificate of Title No . Registration 'Book
Page
Applicant' s Si nature:
Owner ' s signature and address if not
the applicant :
(Print Name)
Applicant ' s Address :
Z6 '7 '« C�✓� �/T
Tel. No. 2-7_3
Received by Town Clerk :
Y
E#Up
34
Notice to APPLICANT/TOWN 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 anning Boar has determi d that said plan
hows subdivi on as defin d b G . L . c. 41 , S . 81 and
ust th refor be re subm ' ted to it for appr val der
Su divisi Control Law .
Very truly yours ,
NORTH ANDOVER PLANNING BOARD
By :
Date :