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HomeMy WebLinkAboutCorrespondence - 12 BONNY LANE 2/20/2007 JOHNSON & BORENSTEIN, LLC Attorneys at Law 12 Chestnut Street Andover,Massachusetts 01810-3706 (978)475-4488 Telecopier: (978)475-6703 MARK B. JOHNSON (MA,NH,DC) Paralegals DONALD F. BORENSTEIN (MA,ME,NH) KATHRYN M. MORIN MICHELE C. JONIKAS KRISTINE M. SHEEHY(MA) KATHLEEN H. HARBER ANNA R. VERGADOS(MA,NH) KAREN L. BUSSELL DENISE A. BROGNA(MA,CA) EMILY M. SAMANSKY(MA) LAURA BUCK(MA,FL) February 20, 2007 Planning Board Department Town of North Andover 1600 Osgood Street Bldg. 20, Suite 2-36, Planning Department North Andover, MA 01845 Re: Bonny Realty Trust, Amy Constantino, Trustee 12 Bonny Lane (Map 62, Lot 41) Watershed Overlay District Special Permit Application Dear Planning Board Members: As you know, I represent the Applicant, Amy Constantino, Trustee of Bonny Realty Trust. This letter will outline the ownership history of 12 Bonny Lane (the "Locus") and 10 Bonny Lane, an adjoining lot. As you will see, these properties were only held in common ownership from 1983 to April, 1987. On May 17, 1982, E&F Builders deeded 10 Bonny Lane to Scott Properties. Scott Properties then immediately deeded the property to E. Haffner and Joanne Fournier. Just over one year later, on June 21, 1983, the Fourniers acquired two small areas of land that were added to 10 Bonny Lane. Prior to 1980, John Warlick undertook a subdivision of other land on Bonny Lane to create the Hardt Court Estates Subdivision. On December 24, 1980, Mr. Warlick deeded the Locus, Lot 1 of the subdivision a/k/a 12 Bonny Lane, to Andrew Shea. Mr. Shea deeded the Locus to E. Haffner and Joanne F:Wew-DocslConsfan0no,Amy106-273 12 Bonny Lane,No.Andover,MA-Planning Boerd■lanning board Or 02-20-07.DOC y � Planning Board Department Town of North Andover February 20, 2007 Page 2 Fournier on September 1, 1983. This was the first time that the Locus and 10 Bonny Lane were held in common ownership. Each property was a complying residential building lot at that time. E. Haffner and Joanne Fournier deeded the Locus to Bonny Realty Trust on April 29, 1987. Each property was a complying residential building lot at that time. The Locus and 10 Bonny Lane have not been held in common ownership since that time. The Trustee of Bonny Realty Trust at the time of the conveyance was Reginald Marden. When he passed away in 1997, Amy Constantino and her brother, H. David Fournier, became trustees and continue to hold the Locus in trust. The lot area requirement for the district in which the Locus is located increased to 2.0 acres by virtue of a vote at the Town's Fall 1987 Town Meeting. This change was approved by the Attorney General on November 27, 1987. Thus, the Locus, which became non-conforming as a result of the increase, was held separately from 10 Bonny Lane at the time of the increase'. As noted above, the Applicant submits that the Locus has been held in separate ownership since April 29, 1987, approximately 7 months prior to the zoning change that made the lots non-conforming. Attached hereto is a table summarizing the ownership history of 10 and 12 Bonny Lane. Very truly yours, JOHNSON & BORENSTEIN, LLC Donald F. Borenstein EMS/dms Enclosures ' There was a 523 square foot lot line adjustment between the Locus and 10 Bonny Lane on September 29, 1997,however,neither the lot area nor frontage of either lot was changed by that adjustment. F:INew-Docs\Constantino,Amy106-273 12 Bonny Lane,No.Andover,MA-Planning Board\planning board Itr 02-20-07.DOC V 1 Date 10 Bonny Lane 12 Bonny Lane E & F Builders, Inc. Warlick Dec., 1980 E & F Builders, Inca Shea Scott Properties, Inc. Shea May, 1982 Haff& Joanne Fournier Shea Haff& Joanne Fournier Shea Haff& Joanne Fournier Shea Sept., 1983 Haff& Joanne Fournier Haff& Joanne Fournier Haff& Joanne Fournier Haff& Joanne Fournier April, 1987 Haff& Joanne Fournier Bonny Realty Trust Haff& Joanne Fournier Bonny Realty Trust Zoning Change Haff& Joanne Fournier Bonny Realty Trust Nov. 1987 Haff& Joanne Fournier Bonny Realty Trust Present