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RECEIVED
AUG 2 5 2005
BUILDING DEPT.
August 24, 2005
Michael McGuire, Building Commissioner
Building Department
400 Osgood Street
North Andover, MA 01845
Re: Lots 1 - 5 Cotuit Street and Leydon Street
Dear Commissioner McGuire:
DAGOS` INE PC.
ATTORNEYS AT LAW
This office represents the Estate of Robert J. Burke concerning its land at the
corner of Cotuit and Leydon Streets in North Andover. We understand that a
question has been raised about the landowner's ability to construct two-family
dwellings on the lots on the property.
The zoning applicable to the property is the zoning that was in effect prior to
the adoption of Article 40 of the 2004 Town Meeting warrant on or about May
10, 2004. The property is in an R-4 zoning district, in which, prior to May 10,
2004, two-family dwellings were allowed as a matter of right. Article 40,
adopted at the May 10, 2004 Town Meeting, amended Section 4.122 of the
Zoning Bylaw by changing two-family dwellings from as -of -right to a use
requiring a special permit from the Zoning Board of Appeals.
Pursuant to Massachusetts General Laws, chapter 40A, §6, sixth paragraph,
such a use change is not applicable for a period of three years to property that
is the subject of a Form A "approval not required" plan endorsed by the
Planning Board in accordance with G. L. c. 41, §81P. That section provides as
follows:
When a plan referred to in section eighty-one P of chapter forty-
one has been submitted to a planning board and written notice
Howard P. Speicher
C. Michael Mahn
William F. Griffin, Jr.
John G. Serino
Gary S. Matsko
John T. Lynch
Carol R. Cohen
Howard P. Speicher
Paul L. Feldman
Gary M. Feldman
George A. Hewett
Laurence M. Johnson
Kenneth J. Mickiewicz
Thomas S. Fitzpatrick
J. Gavin Cockfield
David Rapaport
Whitton E. Norris, III
Andrew D. Myers
Robert J. Galvin
John D. Chambliss
Thomas Frisardi
Marjorie Suisman
Samuel B. Moskowitz
Charles H. DeBevoise
Kenneth R. Appleby
Robert J. Diettrich
Amy L. Fracassini
Ann M. Sobolewski
Alice A. Kokodis
Kathryn C. Soderberg
Joshua S. Grossman
Neal J. Bingham
David M. Cogliano
Seth A. Schwartz
Lori A.Jodoin
Sophie C. Migliazzo
Harold R. Davis,
of Counsel
Julian J. D'Agostine
of Counsel
direct 617589-3829 direct fax 617 305-3129
email hspeieher@davismalm.com
ONE BOSTON PLACE • BOSTON • MA • 02108
617.367.2500 . fax 617.5236215
W w w. d n v i s m a I ill . C I) III
Michael McGuire, Building Commissioner
August 24, 2005
Page 2
of such submission has been given to the city or town clerk,
the use of the land shown on such plan shall be governed
by applicable provisions of the zoning ordinance or by-law
in effect at the time of the submission of such plan while
such plan is being processed under the subdivision control
law including the time required to pursue or await the
determination of an appeal referred to in said section, and
for a period of three years from the date of endorsement by
the planning board that approval under the subdivision
control law is not required, or words of similar import.
(emphasis added)
Deis MALM
DAGOSTINE PC.
The North Andover Planning Board endorsed a Form A "approval not required" plan for the
subject property on April 23, 2004, about two and one half weeks prior to the adoption of the
zoning use change by Town Meeting. The plan was recorded at the Essex North Registry of
Deeds on May 5, 2004, also before the Town Meeting. A copy of the plan, reduced in size, is
enclosed.
Since the statute makes clear that it is the "land shown on the plan" that receives this zoning
freeze protection, any subsequent internal adjustment of lot lines, as occurred by the
endorsement of a second Form A plan on July 26, 2004, does not negate or affect the zoning
freeze protection afforded by the endorsement of the Form A plan on April 23, 2004.
Accordingly, the land shown on the April 23, 2004 plan is protected from any zoning use
changes, including the new special permit requirement for two-family dwellings, for a period of
three years from April 23, 2004.
I would be pleased to discuss this matter with you at your convenience.
Very truly yours,
Howard P. Speicher
Enclosure
cc: John J. Burke
378243v.1