HomeMy WebLinkAbout2012-05-23 Planning Board Supplemental Materials (41) Eckert Seamans Cherin&Mellott,LLC TEL 617 342 6800
Two International Place FAX 617 342 6899
IRMNS 16`x'Floor www.eckertseamans.com
Boston,MA 02110
ATTORNEYS AT LAW
Robert W.Levy
617.342.6832
rlevy@eckertseamans.com
May 21,2012
Louis P.Minicucci,Jr.
Park Street Redevelopment,LLC
231 Sutton Street,Suite 1B
North Andover,MA 021845
Re:498 Chickering Road,North Andover,MA
Dear Lou:
You have requested that I review the legal rights you have in and to Franklin Street
adjacent to your property located at 498 Chickering Road,North Andover,MA.Based upon
your investigation,you have confirmed that the North Andover's Town Clerk's Office has
verified that Franklin Street is a private way and has not been accepted by the Town of North
Andover.I am further informed that a portion of Franklin Street is unimproved and as such is a
paper street.
Pursuant to Massachusetts General Law,Chapter 183,Section 58-the so-called
"Derelict Fee Statute"-as a general proposition,the owner of property abutting a private way
also owns to the center of the way.Furthermore,pursuant to Massachusetts General Laws,
Chapter 187,Section 5,the owners of real estate abutting a private way who have by deed
existing rights of ingress and egress upon such way,shall have the right by implication,to place,
install or construct in,on,along,under and upon said private way,pipes,conduits,manholes and
other appurtenances necessary for utilities,subject to limitations provided for in the statute.
I hope this explanation is helpful in connection with your use of the property.
If you have any questions,please do not hesitate to contact me.
Very truly yours,
.....gip.
Xlj
Robert W.Levy
RWL/var
(K0471956.1)