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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
'LEGA�, NOTICE February 20,. 1000
BOARD OF APPEALS .
NOTICE February 20, 1990 Notice is hereby given that the Board of Appeals will give a
No!ice, is hereby given that the Board of Appeals will
give a hearing at the To%O Building, North Andover, hearing at the Town Building, North Andover, on. Tuesday.
on 7uesday evening the 13th day of March 1990, at
73C o'clock, to all parties interested in the appeal of
George A. & Anne E. Delano requesting a variation . . . * evening ...... the . .1.3 t hdaY Of .... March
of S9c. 7, Parag 7.2 and Table 2 and as a Party
Aggreived of the Zoning By Law so as to permit 19..90, atT:30)'clock, to all parties intemted in the appeal of
overturning decision of Building Inspector to deny a
building permit 10 the applicant, it this applicafton
denied, need a variance from the frontage . . . . . . . . . . . . . . . . . . . . . . .
requirements on this parcel of land, in order to George A & Anne E. Delano
construct a single family residence on the promises, requesting a variation Of Sec. .7, - Parag .7. 2 and0f the Zoning
located at Lot #11, Forest St. By Order of the Board
of Appeals Frank Sorio, Jr. By Law so as to Table. 2- and. as. a. Party.Aggr.e.i.ved
NAC: 2/22 & T1/90 Chairman 11 P!T�l
7erturning-decision of-Building-Inspecto-r--to-deny-a
building. permit. to. the. applican.t.,. if . this. application is
denied, need a variance from the frontage requirements
n . o -t-his - parce-1 -of - land-,- -in - order. -to - construct a single
f am.ily. resid.e.nce.
. .. ..... ...
........ I ............................
on the preniism, located at Lot 1111, Forest St.
.................
LEGAL NOTICE
BOARD OF APPEALS
NOTICE February 20, 1990
Notice is hereby given that the Board of Appeals will
give a hearing at the Town Building, North Andover,
on Tuesda,%,rvening the 13th day of March 1990. at
7:30 O'clock. to all parties interested in the appeal of
George A. & Anne E. Delano requesting a variation
of Sec. 7, Parag 7.2 and Table 2 and as a Party
Aggreived -if the Zoning By Law so as to permit
overiurning'Mcision of Building Inspector to deny a
building permit to the applicant, it this applicafton
denied, need a variance from the frontage
requirements on this parcel of land. in order to
construct a single family residence on the premises,
located at Lot #11, Forest St. By Order of the Board
of Appeals
Frank Serio, Jr.
Chairman
NAC: 2/22 & 3/1/90
By 01 man
in N. A. Citizen on February 22 & March 1, 1990
to: G. Delano IV, c/o Philip F. Sullivan, Esq.
P. 0. Box 486, Andover, MA 01810
LEGAL NOTICE
BOARD OF APPEALS
NOTICE
I
N February 20, 1990
olice is hereby given that ft Board Appeals
of will
give a hearing at the Town Building. North Andover
on Tuesday evening the 131h day of March 1990. at
7:30 o'clocgl� to all parties interested in
the appeal of
George A. & Arvie E, Delano requesting
a variation
Of Sec. 7, Parag 7.2 and Table 2 and as a Party
A refv0d of the Zoning By Law so as to permit
OVerlurn� ing decision of Building Inspector to deny a
b uilding permit to the applicant. if
this applicallon
denied. need a variance from the frontage'
i
requirements on this parcel of land. in order to
construct a single family residence on the promises.
located at Lot 8 11, Forest St. By Order Of the Board e
of Appeals
Frank Serio, Jr.
NAC, 2J22 & 3,,190 Chairman
Ir
AFM7"
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
'LEGA�, NOTICE February 20,. 1000
BOARD OF APPEALS .
NOTICE February 20, 1990 Notice is hereby given that the Board of Appeals will give a
No!ice, is hereby given that the Board of Appeals will
give a hearing at the To%O Building, North Andover, hearing at the Town Building, North Andover, on. Tuesday.
on 7uesday evening the 13th day of March 1990, at
73C o'clock, to all parties interested in the appeal of
George A. & Anne E. Delano requesting a variation . . . * evening ...... the . .1.3 t hdaY Of .... March
of S9c. 7, Parag 7.2 and Table 2 and as a Party
Aggreived of the Zoning By Law so as to permit 19..90, atT:30)'clock, to all parties intemted in the appeal of
overturning decision of Building Inspector to deny a
building permit 10 the applicant, it this applicafton
denied, need a variance from the frontage . . . . . . . . . . . . . . . . . . . . . . .
requirements on this parcel of land, in order to George A & Anne E. Delano
construct a single family residence on the promises, requesting a variation Of Sec. .7, - Parag .7. 2 and0f the Zoning
located at Lot #11, Forest St. By Order of the Board
of Appeals Frank Sorio, Jr. By Law so as to Table. 2- and. as. a. Party.Aggr.e.i.ved
NAC: 2/22 & T1/90 Chairman 11 P!T�l
7erturning-decision of-Building-Inspecto-r--to-deny-a
building. permit. to. the. applican.t.,. if . this. application is
denied, need a variance from the frontage requirements
n . o -t-his - parce-1 -of - land-,- -in - order. -to - construct a single
f am.ily. resid.e.nce.
. .. ..... ...
........ I ............................
on the preniism, located at Lot 1111, Forest St.
.................
LEGAL NOTICE
BOARD OF APPEALS
NOTICE February 20, 1990
Notice is hereby given that the Board of Appeals will
give a hearing at the Town Building, North Andover,
on Tuesda,%,rvening the 13th day of March 1990. at
7:30 O'clock. to all parties interested in the appeal of
George A. & Anne E. Delano requesting a variation
of Sec. 7, Parag 7.2 and Table 2 and as a Party
Aggreived -if the Zoning By Law so as to permit
overiurning'Mcision of Building Inspector to deny a
building permit to the applicant, it this applicafton
denied, need a variance from the frontage
requirements on this parcel of land. in order to
construct a single family residence on the premises,
located at Lot #11, Forest St. By Order of the Board
of Appeals
Frank Serio, Jr.
Chairman
NAC: 2/22 & 3/1/90
By 01 man
in N. A. Citizen on February 22 & March 1, 1990
to: G. Delano IV, c/o Philip F. Sullivan, Esq.
P. 0. Box 486, Andover, MA 01810
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
George A. & Anne E. Delano Petition: #100-89
Lot #11, Forest street
DECISION
N. Andover, MA 01845
RECEIVED
DANIEL L171113
TOWN 1"K
NORTH 0400'iER
APR 15 AM
The Board of Appeals held a public.hearing on Tuesday evening, April 10, 1990,
continued from March 13, 1990 upon the application of George A. & Anne E. Delano,
c/o Phillip F. Sullivan, Esq. requesting a variation from the requirements of
Section 7.0 Paragraph 7.2 and Table 2 of the Zoning Bylaw and as a Party Aggreived
so as to permit overturning the decision of Building Inspector denying a building
permit to the applicant, if this application is denied, need a variance from the
frontage requirements on this parcel of land in order to construct a single
family residence on the premises at Lot 11, Forest Street. The following members
were present and voting: Frank Serio, Jr., Chairman, William Sullivan, Vice-
chairman, Augustine Nickerson, Clerk, Walter Soule and Raymond Vivenzio.
The hearing was advertised in the North Andover Citizen on February 22, 1990
and March 1, 1990 and all abutters were notified by regular mail.
Upon a motion made by Mr. Vivenzio and seconded
unanimously to allow the petitioner to WITHDRAW
upon a motion made by Mr. Vivenzio and seconded
unanimously to DENY the variance as requested,
failed to show that he owns any frontage at all
that the old road has been abandoned, but finds
Dated this 12th day of April, 1990.
/awt
by Mr. Sullivan, the Board voted,
the ' Party Aggreived request and
by Mr. Sullivan, the Board voted,
as the Board finds the petitioner
on Forest Street. The Board agrees
there is still not frontage.
BOARD OF APPEALS
rank Se6r-io, J—r/
Chairman
0
C)i
George & Anne E. Delano
Lot #11, Forest St.
RIPON
AIMILVI
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD Of APPEALS
NOTICE OF DECISION
REC' IVI.rl
DAWrL
T010 1_�H '4r,
NOR -M' A,�ii.,�OYER
APR I Z 11 15 P, '90
Date - -April. .12,.1990 ..........
Petition No.. ..100-89
...................
Date of Hearing.April 10, 1990
..................
Petition of .... George-A-&-Anne-E�-Delano ....................................... I ......
Premises affected - - Lot - 11 j - Forest - Street ..... f .................. I .....................
Referring to the above petition fo a variation from the requirements of the - Se t -ion 7
Paragraph 7.2 and Table 2 of the Zoning Bylaw and as a Party Aggreived
.........................................................................................
so as to permit . Over -turning- -decision- -of -Building - Inspe-ctor - denying - a- building- pe -r -mit
to the applicant, or, in the alternative, seeking a variance from the frontage
-requirements. on- this - parc-el -of - land -in - ord-er - to - construct - a- -single- fa-mily, residence.
After a public hearing given on the above date, the Board of Appeals voted to Permit ..... 2*0 with-
drawel of the Party Aggreived request from the Building Inspector's decision, and to DENY
the variance. as. request -ed, as. the Board finds
the petitioner failed to show that he owns any frontage at all on Forest Street. The Board
99U0tV_U agrees. that -the. old -road. has -been. abandoned. -but. find. -there. is, -still. no frontage.
Signe
r
...... I ......... .,.Qb4i.rman .......
....... Avgus.t.ine.Nicke.rsQia,. Cle.rk .....
..... Walter..Soule ....................
Raymond Vivenz.io ...............
Board of Appeals
Received by Town Clerk:
-r
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T 0 F? rk
TOWN OF NORTH ANDOVER, MASSACHUSETTS OVER
BOARD OF APPEALS
'R�&ANEE 07
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONIN
300 Sutton Street
ApplicantGeorge A. DelanS) Address North A d er Ma. Q1845
n
I V & 486,
12 F. Sui
C765jrklov r, Ma. HM
Anne E.--5`eran6T
1. Application is hereby made:
i��For a variance from the requirements of section 7 Paragrapii 7.2
and Table' 2 of the'Zoning.By Laws.
2.
b)
(c)A -s a Party Aggr.i.c ved, for review of a decision made by the
Building' Inspector or other authority. .
a)
ou
c)
Premises affected are land M0)1X*VA:k*bMkY) -numbered
Forest -- - — - — - street..
Premises affected are property with frontage on the North
South East West (X) side of__FQrP.-,t-
pD Street.
Street, and known as No.__.__, . . .......
Pxemises affected are in Zoning District9- I and the premises
affected have an area of 2 . 4 a%f&q=X&K-and f rontage of
225 —feet.
3. ownership
-lilies
a) Name and address of owner (if joint ownership, give all nL
_Rou
S11as M. & Judith
an
Date of Purcliase7/22/76------Previous Qwner-Roy R. ]Ea -r -r
b)'. if applicant is not owner, check Iiis/her interest in the premises:
X Prospective Purchaser Lesee Other (explain)
Size of proposed building:' 46' front; 28 feet deep:
4-1 f—E. -
0 Height 2 -stories, ee
a) Approximate date of erection: -Not ap able
use of each floor: Single Family Residence
b) occupancy or
c.) Type of -construction: Wood -frame
N/A feet front: f ect deep:
Size of existing building — -----
f CeL
Height___stOries;_
a) Approximate date of erection:
b) occupancy or use of each floor:
`c ) Type of construction,
under zoning, on these premises?
a been a previous appeal,
6. Has ther
N o If so, when?—
13%
A
�this Petition d
'Description of relief sought on !�,See attached Adden ujt
Deed recorded in the Registry of.Decds n Book !�j287 Page 151
Land. Court Certificate Vo. Book Page_.
he principal points upon which'I base.my ap�.lic.tion are as followsl
must be,stated in detail)
See attached' Addenduin -A -
agree to y—tbM—f 111 ng/ ee, dvertising lie . wspaper, and incidental
xpenses
ignature of-�iiUl
Att f or Petitioners.
or
qU y
Phi lk'ip' F Sullivan'" Es ire,
.,:very application for action by the Board S, 1 be made on a form approved
furnishea by the Clerk upon request.
be
'.Y.- the Board. These forms shall -ited as inere
purporting to be an applicatiOn shall be tre,
ny communication
�otice' of' intention to seek relief unti I such time -as it is made an the
form shall
C
fficiaL application form.- All information alled -for by the
in tile t;hercin:.:prescr i bed.
a furnished by the applicant manner*
A'.
very -application shall be submitted with .1 list of ."I'arties Ili interest"
of land directly
hich list shall -include the petitioner, abutters, owners
and abutters to tile
pposite on any public.or private street or way,
hundred f act (300') of tile property line of tile
butters ,,within*three
ctitfoner* as they appear.bn the mo st recent applicable tax list,
is located in another city
otwithstanding that the -land of any sucil owner
the city or town,.and tile Planning Board
:r town, the Planning Board.of
very abut ting city or town.
Ev . er y appl I ication shall be submitted with an application charge cost in -
b6 responsible
of -�25.00. - In addition, the petitioner shall
he amount- tile Board.
in bringing the petition before
or any -an d all costs involved
include mailing and publication, but are not necessarily
uchcosts shall
imited to these.
very*application shall be subm i.tted with a plan of land approved by the
before I the Board unless said plan h ' as
ugli.t
oard.- No petition will be bro Ire I ments regarding plans are
Copies -of the Board's requ
.-een submitted. upon request.
available from the Board of Appeals
ttached'hereto or are
LIST OF PARTIES IN ItITEREST
% Address
Name.
See. Attache d Addendum B
V
ADDENDUM A
STATEMENT IN SUPPORT OF PETITION
This is first a Petition by the Ap�licant as a party
_�,�e��by a Decision by the Building Inspector to deny a
building permit to Mr. and Mrs. Delano. The Decision was made
by the Building Inspector based upon the lack of necessary
frontage on an accepted Town way since the lot in question does
not front on the currently travelled Forest Street.
However, the Applicant believes that the Building Inspector
is wrong in denying the permit inasmuch as this lot is shown on
a plan of land dated February 9, 1956 and recorded with the
Essex North District Registry of Deeds on March 5, 1956 as Plan
Number 3205. A copy of a portion of this plan is attached.
Plan Number 3205 has endorsed on it a certification that
"Approval Under Subdivision Control Law Not Required Date:
2/20/56, Ralph E. Finck, Clerk". This endorsement is only
available where all of the lots on the plan have the necessary
area and frontage on a way to meet the then existing zoning
requirements of the Town.
Since this endorsement is on the plan, it appears that Lot
11 met the area and frontage requirements at that time. Any
subsequent changes in the Zoning By -Law could not legally.
change those requirements as to an existing lot. Any
abandonment of that section of Forest Street abutting the
property by the Town of North Andover does not remove from the
lot its approval at that time as a valid and legally existing
lot. In fact, although subsequent, nonrecorded plans, indicate
that the roadway has been abandoned as it abuts lot 11, there
is no affirmative evidence in either the Town of North Andover
records or the County of Essex records that indicates that any
portion of Forest Street was ever officially abandoned.
Therefore, Forest Street is still a way to the same extent that
it was when the plan was endorsed in 1956.
For all of these reasons, it is respectfully suggested that
the decision of the Building Inspector to deny a Building
Permit to the Applicant for this lot is wrong and should be
reversed by your Board.
However, if your Board is unwilling to accept the argument
of the Applicant that this lot is a buildable lot without need
of a variance, then the Applicant, in the alternative, hereby
applies for such a variance. The variance is one from the
frontage requirements of the existi`n`gZ`o_n_in_g By-L_a_w_.—_A7_though
the 1-ot-has approximately 225 feet of frontage on a way as
shown on the approved plan, if this way is not considered to be
a way as defined in Chapter 40A of Massachusetts General Laws,
then lot 11 has only approximately 20 feet of frontage on
Forest Street as Forest Street is presently used. This
compares with a requirement of 175 feet of frontage for the
present Residence 1 zone.
The Applicant believes that all of the tests for granting
of such a variance are hereby met. There will be no detriment
to the public good inasmuch'as no additional Town services will
be required. There will be a separate septic system and a well
on the property requiring no Town water for sewer for
residential use. There will be no substantial derogation from
the intent and purpose of the By -Law, inasmuch as this lot has
more than sufficient area and depth to allow for a home to be
constructed that easily meets all of the other setback and
dimensional requirements of the Town. Frontage of 20 feet will
suffice for the construction of a driveway which will not
encroach or tresspass on any neighboring property.
Hardship exists in that the Town has chosen not to treat
what was an approved way in 1956 as an approved way in 1990.
Therefore, the location of the lot along the abandoned way
leaves no other frontage other than that portion of the
abandoned way that fronts on the existing Forest Street. As a
result of the action by the Town, this lot is placed in a
unique position of having previously been an approved lot on an
approved way and losing that approval through the action of the
Town.
As a result of all of the above conditions, it is
respectfully requested that your Board grant to the Applicants
a variance from the frontage requirements set out in Section
7.2 of the Zoning By -Law.
Re fully submitted,
Phillip;P.. Sullivan, Attorney for
George A. Delano, IV and
Anne E. Delano
ADDENDUM B
LIST OF PARTIES IN INTEREST
MAP #
PARCEL #
NAME
ADDRESS
106A
79
Breenmore Realty Trust
770 Boxford St.
D. Dunsmore & P.R. Breen,
No. Andover, Ma.01845
Trustees
106A
80
Bienvenido G. & Lea Sison
263 Forest St.
No. Andover, Ma.01845
106A
81
Douglas M. & Judith A.
4 Donovan Drive
Perkins
W. Newbury, Ma.01985
106A
82
Margate Realty Trust
16 Margate Road
Charles H. Foster, Trustee
No. Andover, Ma.01845
106A
83
Richard R. & Joan C. Beattie
327 Forest St.
No. Andover, Ma.01845
106A
149
David & Ann Curtis
1472 Salem St.
No. Andover, Ma.01845
106A
160
Gay E. & Paul C. Neilson
1312 Salem St.
No. Andover, Ma.01.845
106A
164
Pin Pin Gan
1360 Salem St.
No. Andover, Ma.01845
106A
210
Anna Foster
16 Margate Rd.
No. Andover, Ma.01845
106A
220-225
Edward & Ida Miller
306 Forest St.
No. Andover, Ma.01845
OFFICES
Town
120 ��uio 6|nx1
NORTH ANDOVER
North
WassachusuUs0|845
C0NSEBV6T0�
HEALTH
DIVISION OF
(508) 682-6483
PLANNING
PLANNING & COMMUNITY DEVELOPMENT
K6RENH.P NELSON, DIRECTOR
February 12, 1990
Mr. George Delano, IV
302 Sutton Street
North Andovery MA 01845
Dear Sir:
The Building Department has reviewed the subdivision plan
of Farrwood Acres - No. 21 dated: February 9, 1956 and has
arrived at the conclusion that it would not be able to issue
a Building Permit on your lot #11 as it does not have frontage
on Forest Street and Old Forest Street is non-existent.
You have the right to appeal this decision before the
North Andover Zoning Board of Appeals. Please call this
offices if I can be of further assistance.
Yours truly,
D. Robert Nicetta,
Building Inspector
DRN:gb
c/Dir. PCD
Aj
ro
h -"O
PHILIP F. SULLIVAN
ATTORNEY AT LAW
OLOE ANOOVER VILLAGE -WEST MALL
ROST OFFICE BOX 486
ANOOVER, MASSACHUSETTS 01810
[5081470-2055
March 29, 1990
Mr. Frank Serio, Jr., Chairman
Zoning Board of Appeals
Town of North Andover
Town Hall
North Andover, Mass. 01845
Re: Zoning Board of Appeals Petition of George and Ann Delano.
Dear Mr. Serio:
I enclose herewith a copy of a portion of a plan that I
obtained from the Essex County Engineer's office along with a copy
of a portion of a Taking document. It appears from this plan and
the document that the "loop" shown on the plan was discontinued by
the County of Essex in 1847. At that time, the ownership of the
discontinued portion of the street reverted to the abutters on
either side of the street. The 1956 plan of Roy Farr was
mistakenly endorsed by the Planning Board as not requiring
subdivision approval.
Therefore, Mr. and Mrs. Delano request that their Petition as
parties aggrieved by a decision of the Building Inspector be
withdrawn. However, their petition for a variance is now the only
petition before you and my clients ask that you act upon that
petition. That is because my clients now have twenty feet of
frontage on Forest Street as a result of the discontinuance of the
old way.
If you have any questions, please give me a call.
Very truly yours,
F. Sullivan
Enclosures
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I (90111111011Wcalth f AftsclachlisdO.
Term A. D. 18 4
ESSEX, ss. Court ot County Commissioners, (k/W 7
and others,
tile petition (If
011
e -
praying fora highway to be
in el L,,t- )- 9L It having been made to appear that all persons and corporations inter
we tho County Commiss ioners for said County, did -044 -
"ted therein, had bccrl duly notified of the time and place of meeting, A --p- is proceed to view said hirrhway,
44w- 4"14 sity required that said bighway should
-sted, and did adjudge that common convenience and neces
and hear all parties intem a ff Objected, we did prc-
1)0 �,Z , L. � IAL $- 111_t&,_1 14- And at the time of said view, no person interested having
cued to tA-"L x-- stbij higgliway in mauncr followin'", viz.
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7
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pd '��.�F"FICES OF:
BUILDING
CONSERVATION
HEALTH
PLANNING
;5 1115 �10
Town of
NORTH ANDOVER
-CHU DIVISION OF
PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
r'15;' _- - F_')r'LA')C5 -
120 Main Street
North Andover
Massachusetts 0 1845
(508) 682-6483
66
A- eTPA..,J4�, T --r- VjcbL.:!-_>
t-�4.z5pe, OP-- Tz5FOCT-r-p�y
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04 o TO w I I of'
OFFICES OF: Z. ..4, .
BUILDING NOR -1-11 ANDOVER
CONSERVATION
HEALTH DIVISION 01:
us
PLANNING
PLANNING & CONINIUNI -)EVELOI
KAREN I LP NELSUN, [JIML.CTUR
Mr. George Delano, IV
302 Sutton Street
North Andoverg MA 01845
Dear Siri
1:20 Nl�lhi
N01111 Alldm'cl-,
Nliiss�whus(lls 01845
(508) 682-6-18-3
F e b r ua r y 12, 199 (--)
-As-, reV i E-WER1 t 110 SUbd i V i !; i Or -i f) I An
The Building Department hL
of Farrwood Acres - No. 2, dated: February 91
arrived at the conclusion that it would riot be able to iS-,rU(?
a Building Permit on your lot oil at-, it does, rv---t [I,-Ivt- Von '--Aq
.L f - t _ e
on Forest Street and Old Forest Street is nori-exiotent.
You have the right to appeal this decis7,ion tx.,fr-tre. the
North Andover Zoning Board of Appeals. Please this
office, if I can be of further assistance.
yours truly,
D. Flobert Nicett.-Al
BUilding
DRNigb
c/Dir. PCD
C)
PHILIP F. SULLIVAN
ATTORNEY AT LAW
OLDIE ANOOVER VILLAGE -WEST MALL
POST OFFICE IBOX 48B
ANOOVER, MASSACHUSETTS 01BIO
[50B] 470-2055
September 1, 1989
Mr. George A. Delano, IV
459 Stevens Street
North Andover, Mass. 01845
Re: Forest Street Property, North Andover.
Dear Mr. Delano:
I have reviewed the plan of land from the Registry of Deeds
in Lawrence marked as Plan Number 3205. The plan was endorsed
as "Approval Under Subdivision Control Law Not Required, Date:
2/20/56 Ralph E. Finck, Clerk", and was recorded on March 5,
1956 with the Registry of Deeds. The plan showed Lot 11 as
containing 2.4 acres more or less and having 225 feet more or
less of frontage on Forest Street.
I have also reviewed the applicable provisions of Chapter
40A of the Massachusetts General Laws. It is my opinion, that
Lot 11 is a buildable lot in the Town of North Andover as of
this date. That is because it contained adequate frontage and
area to meet these zoning requirements of the Town of North
Andover at the date that the plan was approved.
Although subsequent plans indicate that the roadway has been
abandoned, there is no affirmative evidence in either the Town
of North Andover records or the County of Essex records that
indicates that any portion of Forest Street was ever officially
abandoned. Therefore, Forest Street is still a way to the same
extent that it was when the plan was endorsed in 1956.
Therefore, in my opinion, your property is buildable at this
time without need of a Special Permit or Variance.
r- u y 0 u
Philip F. Sullivan
jw
�EP
I (Vf
LEONARD KOPELMAN
DONALD G. PAIGE
ELIZABETH A. LANE
JOYCE FRANK
JOHN W. GIORGIO
BARBARA J. SAINT ANDRE
JOEL B. BARD
RICHARD J. FALLON
GEORGE M. MATTHEWS
JAMES A. DYREK
EVERETT J. MARDER
JANE M. C'MALLEY
KAREN V. KELLY
COLLEEN B. WALKER
SONDRA M. KORMAN
ANNE -MARIE M. HYLAND
RICHARD BOWEN
CHERYL ANN BANKS
KoPELMAN AND PAIGE, P.C.
ATTORNEYS AT LAW
SUITE 1000
77 FRANKLIN STREET
BOSTON, MASSACHUSETTS 02110
Mr. D. Robert Nicetta,
Building Inspector
North Andover Town Hall
120 Main Street
North Andover, MA 01845
Re: Forest Street Property
Dear Mr. Nicetta:
BUILDING DEM
MTIIAENT�
November 2, 1989
(617) 451-0750
FAX 451-1863
You have requested an opinion as to whether Lot 11 of the
Farrwood Acres Subdivision has frontage on Forest Street thereby
entitling an applicant to a building permit. The facts which you
have provided to me indicate that on March 5, 1956, the Planning
Board endorsed a subdivision approval -not -required ("ANRII) plan
which included Lot 11. This lot contains 2.4 acres and has 225
feet of frontage on Forest Street.
In my opinion, the information you have supplied shows that
Lot 11 has frontage on Forest Street. I cannot determine, based
on this information, whether this frontaqe entitles the owner to
a building permit. I shall address this subject further to assit
you in making this decision.
The applicant bears the burden of proving that Forest Street
is a "street" as defined by the zoning bylaw. Section 2.67 of
the zoning bylaw defines a street as "a public way or a private
way open to travel by the general public, or a way shown on a
plan of a subdivision theretofore duly approved by the Planning
Board."
Based on the 1956 ANR endorsement, you may assume that, in
1956, the Planning Board found that Forest Street fell within the
definition of a street found in the Subdivision Control Law
(attached). You will note substantial similarities between the
two definitions. Attorney Philip Sullivan's letter, a copy of
KoPELIVIAN AND PAIGE, P. C.
Mr. D. Robert Nicetta,
Building Inspector
November 2, 1989
Page 2.
which you have provided, raises the issue of whether this section
of Forest Street has been abandoned by the Town. Under the
definition in §2.67, whether a street is abandoned or
discontinued may not be an important question if, in your
observation, Forest Street remains a way open to travel by the
general public. Because the zoning bylaw definition of street
includes those ways which are public and private, Forest Street
may be either public or private for the purpose of issuing a
building permit.
If you, as Building Inspector, are satisfied that the
evidence submitted by the applicant shows that Forest Street is
still a way open to travel by the general public then, in my
opinion, a building permit may be issued for Lot 11.
If you have any further questions in this regard, do not
hesitate to contact me.
Very truly yours,
Joel B. Bard
JBB/CAB/kac
cc: Board of Selectmen
§ 81L OFFICERS AND EmPLOYEES C. 41
widths of adjacent streets; (h) and the topography of the land . in a
general manner.
"Recorded" shall mean recorded in the registry
t county or district in which the land in question is
that, as affecting registered land, it shall mean filed
of the land court.
of deeds of the
situated, except
with the recorder
"Register of deeds" shall mean the register of deeds of the county
or district in which the land in question, or the city or town in
question, is situated, and, when appropriate, shall include the recorder
of the land court.
"Registered mail" shall mean registered or certified mail.
"Registry of deeds" shall mean the registry of deeds of the county
or district in which the land in question is situated, and, when
appropriate, shall include the land court.
"Subdivision" shall mean the division of a tract of land into two or
more lots and shall include resubdivision, and, whcn appropriate to
the context, shall relate to the process of subdivision or the land or
territory subdivided; provided, however, that the division of a tract of
land into two or more lots shall not be deemed to constitute a
Subdivision within the meaning of the subdivision control law if, at
the time when it is made, every lot within the tract so divided has
frontage on (a) a public way or a way which the clerk of the city or
town certifies is maintained and used as a public way, or (b) a way
re approved and endorsed in accordance
shown on a plan theretofo . tence when the
with the subdivision control law, or (c) a way in exis
subdivisien control law became effective in the city or town in which
the land lies, having, in the opinion of the planning board, sufficient
width, suitable grades and adequate construction to provide for the
needs of vehicular traffic in relat;n to tile proposed use of the land
abutting thereon or served thereby, and for the installation of
municipal services to serve such land and the buildings erected or to
be erected thereon. Such frontage shall be of at least such distance as
is then required by zoning or other ordinance or by-law if any, of
said city or town for erection of a building on such lot, and if no
distance is so required, such frontage shall be of at least twenty feet.
Conveyances or other instruments adding to, taking away from, or
changing the size and shape of, lots in such a manner as not to leave
any lot so affected without the frontage above set forth, or the
division of a tract of land on which two or more buildings were
standing when the subdivision control law 'went into effect in the city
or town in which the land lies into separate lots on each of which one
of such buildings remains standing, shall not constitute a subdivision.
279
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Dear Applicant:
-it 4
Date: '�'Qj /'? ?'o
Enclosed is a copy of the legal notice for your application before
the Board of Appeals.
Kindly submit for the following:
Filing Fee $
Postage
Your check must be made payable to the Town of North Andover and
may be sent to my attention at the Town office Building, 120 Main
Street, North Andover, Mass. 01845.
Sincerely,
BOARD OF APPEALS
'-)� A). 7 �
Audrey W. Taylor, Clerk