HomeMy WebLinkAbout1986-09-02 Correspondence (Board of; Selectmen)
September 1986
Mr . Richard Gelotti
Office of the County Engineers
Essex County Administration Offices
36 Federal Street
Salem, MA 01970
Dear Mr . Gelotti :
On behalf of the Town of North Andover , the Board of Selectmen request
that you prepare a petition on behalf of the Town to the Commissioners of
Essex county, requesting that a portion of the old highway known as Dale
street in said Town be discontinued.
The portion of roadway in question was excluded from a discontinuance on
record as of June 30 , 1959 , in order that the original landowner might
have access and egress to his land in relation to the original and
re-drawn boundaries of said Dale Street . The landowner now owns both
sides of the old boundaries of the old Dale Street , and presently has
access and frontage along the present Dale Street . Accordingly, we
request that the old boundaries of said Dale Street be now discontinued .
We have enclosed the following documents for your convenience :
1 . The landowner 's request that said old Dale Street be discontinued ;
2 . A map showing the situs of the "old" and "new" Dale Streets ;
3 . Copies of deeds by which the present landowner has acquired
title to the parcels between the "old" and "new" Dale Streets '
4 . A copy of the original recorded land taking and discontinuance
of the old lines of Dale Street .
Because the title to all of the land between the old and new boundaries of
Dale Street are now owned by one person, we request that the portion of
the old highway which was excluded from the original discontinuance (Page
5 of document Number 4 ) now be discontinued.
Please prepare a petition in accordance with this request .
Very truly yours ,
I
J
TOWN OF NORTH ANDOVER, MASSACHUSETTS
OFFICE OF
BOARD OF SELECTMEN
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TELEPHONE 882-8483
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�QSSACFHUSE��y
TO: Town Planner; Karen Nelson
Highway Surveyor, William Cyr
FROM: Charles A. Salisbury, Chairman
DATE: September 23, 1986
SUBJ: Request to Discontinue Portion of Dale Street
We are in receipt of a request of Atty. Walter J. flowers on behalf of his
client H. Michael Smolak to discontinue a portion of Dale Street (as originally
drawn) . May we have your comments on this proposal for our meeting on October
14th.
Thanks.
/ch
Enclosure
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LAW OFFICES OF
FLOWERS AND LICHTMAN
TAX AND FINANCIAL COUNSELLING
303 CONGRESS STREET
BOSTON,MASSACHUSETTS 022M
WALTER J. FLOWERS TELEPHONE
RICHARD K. LICHTMAN (61 7)439-041 1
September 17 , 1966
The Board of Selectmen
Town of North Andover
North Andover, MA 01945
Dear Selectmen:
The purpose of this letter is to request that the Board send a letter to
Mr . Richard Gelotti , County Engineer , Essex County, Massachusetts, which
would request that a specific portion of the originally drawn Dale Street
be discontinued. I have enclosed a form of the letter which I would
request be sent by the Board on behalf of my client , Mr. H. Michael
Smolak, of 315 South Bradford Street, North Andover, Massachusetts .
Mr . Smolak has currently under consideration by the Planning board a
proposal for a modification of an approved subdivision of land which is
owned by him along Dale Street in North Andover. I have enclosed as
"Exhibit A" a copy of a plan and a map which shows the situs of the
subdivision.
The land which is the subject of the modified subdivision consists of
three parcels , marked "A" , "B" , and "C" on the enclosed Exhibit A. Parcel
A has been owned by Mr. Smolak or members of his family for over fifty
years . Parcel B was formerly owned by Ruth Petersen, Helen Glinos, and
Marion Olsen, who conveyed that parcel to Mr. Smolak on August 26, 1986,
in accordance with an agreement to sell which was executed on or about
March 18 , 1986 . Parcel C was formerly owned by Robert and Patricia
Jasinski , who conveyed that Parcel to Mr . Smolak on August 29 , 1986, under
an agreement to sell which was entered between the parties on or about
March 18 , 1986. I have enclosed as "Exhibit B" , the deed conveying the
Petersen land to Mr . Smolak, and as "Exhibit C" the deed which conveys the
Jasinski land to Mr. Smolak.
As shown on Exhibit A, the combined parcel of land abuts and follows the
existing Dale Street • However, the existing Dale Street was defined in
1959 and 1960 , when the Essex County Engineers redesigned the line of the
street to eliminate certain curves . I have enclosed as "Exhibit D'I a copy
of a highway map which indicates the relative position of the original ,
and the relocated Dale Street . "Exhibit E" is a copy of the recorded land
Page 2
September 17 , 1986
taking by the County on behalf of the town to enable the County to
straighten the then-existing Dale Street . The subject parcels are
The
described on Page 8 of the enclosed Exhibitce. t for then curveting whichine of
Hale Street was affirmatively terminated ex p
appears as marked in the enclosed Exhibit D, and as particularly described
on Page 5 of the enclosed Exhibit E .
The original rationale for the decision not to discontinue
the
eidentified
curve was to allow access and egress to the original
That is , if the owners (Smolak) had ever decided to subdivide their land,
but did not wish to acquire Parcels B and C as indicated, they would have
been able to "open" the original path of Dale Street
onalong
the
idees tified
curve . Because Mr . Smolak now owns all of the land
curve, and has access to the redesigned Dale Street , we would request that
the Town submit a letter to the County Engineers , who will prepare a
petition on behalf of the town, to discontinue the old street along the
subject curve .
The suggested form of that letter is included as "Exhibit F" enclosed with
this letter .
We would be most pleased to attend a scheduled meeting of the Board to
discuss this request if you should determine that our attendance is
required. In any event , please do not hesitate to contact me if you have
any questions or concerns about any aspect of this request .
Very truly yours,
W OA
Walter J . Flowers
WJF:MP
Enclosures
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(Board of Selectmen)
September 1986
Mr . Richard Gelotti
Office of the County Engineers
Essex County Administration Offices
36 Federal Street
Salem, MA 01970
Dear Mr. Gelotti :
On behalf of the Town of North Andover, the Board of Selectmen request
that you prepare a petition on behalf of the Town to the Commissioners of
Essex county, requesting that a portion of the old highway known as Dale
Street in said Town be discontinued.
The portion of roadway in question was excluded from a discontinuance on
record as of June 30, 1959 , in order that the original landowner might
have access and egress to his land in relation to the original and
re-drawn boundaries of said Dale Street . The landowner now owns both
sides of the old boundaries of the old Dale Street, and presently has
access and frontage along the present Dale Street . Accordingly, we
request that the old boundaries of said Dale Street be now discontinued.
We have enclosed the following documents for your convenience ;
1 . The landowner 's request that said old Dale Street be discontinued;
2 . A map showing the situs of the "old" and "new" Dale Streets;
3 . Copies of deeds by which the present landowner has acquired
title to the parcels between the "old" and "new" Dale Streets '
4 , A copy of the original recorded land taking and discontinuance
of the old lines of Dale Street .
Because the title to all of the land between the old and new boundaries of
Dale Street are now owned by one person, we request that the portion of
the old highway which was excluded from the original discontinuance (Page
6 of document Number 4) now be discontinued.
Please prepare a petition in accordance with this request .
Very truly yours ,
TOWN OF NORTH ANDOVER
120 Main Street
North Andover, MA. 01845
685-4775
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,VA HUS
MEMORANDUM
To: Board of Selectmen
From: Planning B.oard, Karen Nelson
Date: October 14 , 1986
Subj . : Request to Discontinue Portion of Dale Street
The Planning Board has no objections to the Town
discontinuing that portion of old Dale Street shown on
Exhibit ID ' of your packet.
The petitioner is in ownership of the Land directly
abutting the street to be discontinued, and this land is
currently before the Planning Board to gain approval for a
ten (10) lot subdivision.
kn
LAW OFFICES OF
FLOWERS AND LiCHTMAN
TAX AND FINANCIAL COUNSELLING
303 CONGRESS STREET
BOSTON,MASSACHUSETTs02210
WALTER J. FLOWERS TELEPHONE
RICHARD K. LICHTMAN (617)439-04 11
octobrx 21. , 1,986
Planning Board
Town of North Andover
North Andover, MA 01,845
Re : Siliolak/Orchard Path
Subdivision
Dear Board Members :
on behAlf of my client , 11. Michael 3111olak, I WOUld like to
-) extend our
appreciation of the courteous reception You gave to us last evening . As
you can appreciate, M.'r . Syjjolakr, s sjjtj,�7tioji was made clifflcult by the
unexpected passing of Mr . John Callahan, the engjjjev�r who has prepared all
of the drawings wl.th reUard tj-) Orchard Pat.11 EIS-hAtef,- -
Although I aill comfortable that Mr . Smolak now has all. of -the necessary
approvcal,s of -the Variouo Town bodies whlch are requ.lred prior to iss'll'ance
of final approval by the Planning Board, I am somewhat concerned about the
W e
t t may be required to Col"Pl(Ite OUr Ork -iD, th
additional documenta joy, 1.-11�-4
absence of Mr . Callahan. Accordingly, I would appreciate it if the Board
could present to me a summary (.):r Any engineering do(,nimentation that
must be completed prior to issuance of final. approval by the Board. it
was apparent -to me that. wc3 may fit.11.1. need chrainages calculations, and 1:
would like to be able to guide Mr . Smolak in arranging with a new engineer
to prepare any addit:i.onal draw-i.rjgs o.r p.rer,entatiomq we may need to
complete this process . our goal is to (,-Oj)jplr-_te -this process prior to Ule
next iiieetlng of the Board, and your cooperation is bath anticipated �ind
appreciated.
if you have any quost,-1011c� o,,r. -thi, letter , please
with regard 'to 9
do not hesitate to contact me .
Very truly Y(
W a.It er j . V I W e r S
WJF :MP
rc : Mp . 11. m.j,(-,jjaej SmolzAk
WHIN HUI
TOWN OF NORTH ANDOVER
120 Main Street
North Andover, MA. 01845
685-4775
l0- A
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ti n y'r; 1
SS,(CµUSE -
October 27, 1986
Walter J. Flowers
Flowers and Lichtman
Tax Financial Counseling
303 Congress Street
Boston, MA 02210
Re : SMOLAK/ORCHARD . PATH SUBDIVISION
Dear Mr. Flowers:
At the Planning Board Meeting of October 20 , 1986 , Orchard
Path was postponed to November 3 . The Board requested that the
following information be submitted prior to November 3 .
1 . Drainage calculations .
2 . Expanded Statement of Environmental Impact.
3 . Corrected Plans showing the subdivision of land only
for the land owned in the originally proposed Orchard
Path Subdivision. .
This letter is a follow-up to our telephone conservation
of October 23 , 1986 . If you have any further questions regard-
ing the information requested, please contact the Planning
Office.
The Planning Board will -make their decision on the
Orchard Path Subdivision on November 3, 1986 . We will, therefore,
need the information as soon as possible, prior to that date.
Please let us know if there are any problems .
Sincerely,
w ..
�2�ccq
Tricia Wrenn,
Assistant Town Planner
TW:ns
H. Michael SmolaR, Jr,
315 South Bradford Street
North Andover, Massachusetts 01845
(617) 688-8058
Novombev 3, 1986
The No. Andover Plannin,2; Board
120 Main Ot.
40. Andover, 1buss. 01845
Dear sirs:
I would like to request a continuance on my modfiod subdivision
entitled ORCIfUl-Ij PATH. Yortunately I have contracted wminski
Hoociates to complete the drainage calculations as well as
adrossing other concerns. Thankyou for your underotanding as
well a,8 youx, consideration.
Regardsq
Miohael Smolak. Jr.
to
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Ptl�6011-
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TOWN OF NORTH ANDOVER
120 Main Street
North Andover, MA. 01845
685-4775
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�1S`fACN175f�4y
November 24 , 1986
Richard F. Kaminski & Associates, Inc .
J. William Place
. 200 Sutton Street
North Andover, MA 01845
Dear Mr. Place :
Please be aware that the Statement of Environmental Impact
for the Orchard Path Estates Subdivision is incomplete . We will
need to receive revisions/corrections by no later than Friday,
November 28 , 1986 . Please let the Planning Office know if there
is any problem with meeting this deadline. We will, however,
need the Statement of Environmental Impact prior to the public
hearing.
If you have any questions, please do not hesitate to contact
the Planning Office .
Sincerely,
PLANNING BOARD
TT'rt�
Tricia Wrenn
Assistant Town Planner.
TW:ns
1 } i
Law OFFICES OIL
FLOWERS AND LICHTMAN
TAX AND FINANCIAL COUNSELLING
303 CONGRESS STREET
BOSTON,MASSACHUSETTS02210
WALTER J. FLOWERS TELEPHONE
RICHARD K. LICHTMAN (6 M 439-041 1
February 27, 1987
Town of Forth Andover
Planning and Commercial Development
120 Main Street
North Andover, MA 01845
Attention: Tricia Wrenn
Dean Ms. Wrenn:
Thank you for the copy of the approved form of covenant. I
will complete the covenant and file it with your office in
the immediate future. 1 would also like to discuss with you
the forms of the deeds of easement which must be held in
escrow by the Town. 1 will approach that issue after the
covenant is completed.
In another matter, Z have enclosed my check in the amount of
$1,250.00 for the filing fee regarding the Orchard Path
subdivision. This amount is in accordance with your recent
conversation with Mike Smolak.
If you have any questions or comments, please do not hesitate
to contact me.
Very truly yours,,
(JOA- mo:Y-,,L�
Walter J. Flowers
WJF:MP
Enclosure
In
�4}y`
r
LAw OFFICES ov
FLOWERS AND LICHTMAN
TAX AND FINANCIAL COUNSELLING
303 CONGRESS STREET ',
BOSTON,MASSACHU SETTS 02210 ;
WALTER J. FLOWERS TELEPHONE II,
RICHARD K. LICHTMAN (61 7)439-041 1 �
April 6, 1987
The Planning ward
Town of North Andover, MA
To The Members of the Board:
I have . enclosed with this letter an Order of the Essex
County Commissioner which abandons the Old Dale Street as
shown on the Plan for Subdivision of the Orchard Path
Estates.
Very truly yours,
Walter J. Flowers
WJP:MP
Enclosure
APB
C.C.D. 4368 COMM6NWEALTH OF MASSACHUSETTS
Essex, ss . County Commissioners
March 31, 1987
The Board, cif ,Selectmen of the Town of North Andover in
the County of Essex, Massachusetts , thereto duly authorized,
respectfully represents that the highway known as Dale Street
lying Southeasterly of the said street as relocated by the Essex
County Commissioners on June 30 , 1959 from a point about one
hundred fifty ( 150) feet southwesterly of the May 14 , 1957
relocation to a point about twelve hundred ( 1200) feet southwesterly
of said May 14 , 1957 relocation is no longer needed for the present
requirements of travel , and that .common convenience and necessity
require that portion of the said highway be discontinued and pray
that after due notice and a hearing, the County Commissioners may
. discontinue said portion thereof which by reason of their action
may no longer be required, all as in their judgment may be necessary .
This petition was entered on November 20 , 1986, and notice
was ordered given to all persons and corporations interested therein
of the place and time where and when the Commissioners would meet
for the purpose of viewing the premises and making such order in
relation to the prayer of said petition as by law they may be
authorized to do, as by their order of notice on file and of record
will more fully appear. ,
It having been made to appear that all persons and
corporations interested therein had been duly notified of the time
and place of meeting, we, the County Commissioners for said County,
did on the Twenty-fourth day of March A.D . 1987 , meet at the Court
house in the City of $alem, when and where the parties appeared, and
no person interested appeared to object; and having heard all parties
who desired to be heard, we do now adjudge that common convenience and
necessity require that the said portion of the said highway be
discontinued as prayed for in said petition, from about 150 ' south-
westerly of the 1957 Relocation to about 1200 ' southwesterly of said
Relocation.
IN TESTIMONY WHEREOF, we have hereunto set our hands this
Thirty-first day of March in the year of our Lord One Thousand Nine
Hundred and Eighty--seven. County Co issioners
OF tlonr"
QFFl('FS OF: o� Town Of 120 Main Street
AI>I'1-'Als NORTH ANDOVEI North Andover,
BUILDING
;...'.::., MassWhLlSet15 01845
(;f)N5l lZ\fA"I ION Ss4CIrUs�4 DIVISION OF (617)685.4775
1 I EA I:r I-1
PLANNING PLANNING & COMMUNITY DEVELOPMENT
KAREN I-I.P. NELSON, DIRECTOR
SeptembeR 17, 1987
KaAen H. P. Netzon, Dikectot
Ptanning 8 Commus, %ty Devetopment
Town 066 ice B itding
NoAth. Andover, MA
Re. "OAchand Path Estates"
Dean. KoAen•
A6teR Aeviewing .the Sequence og zubmitta 6, etc. Aeganding OAehand Path
Estates* p.ean�s, 1 hound the oR.Cginattysubmitted ptan to be dh.amciticauy
di6�eAent �Aom the degini ive Recmded plan. Po.int6 as Aottowz-
11 it tooks as .though to tat cvicea hays .inen.ea s ed (i.e., note .dot
a eas di66eA between .the two)
21 1 suggest that .the zigni icant change would make it di46 icutt
to .id.enti jy .the OAchand Path paktion .in Aetati,on to CoventAy
E state/s;
31 OAchand Path wars g4anted a va>iiance 4Aom the BoaAd o4 Appea .'&
on 8112186 6n furt a cut o4 a Roadway between tots 93 and #8.
My jVnding is that ,thiz ORchand Path 1 statez iz not puteeted 4Aom
the monatakium ,unposed by Annuat Town Meeting, 1985,
You)a t�tufy,
Dan.iet McConaghy,
A,s,s ',t Su.Uding 1nspectoR
W,&:gb
*RecoRded deP'lnitive subdivision plan o� -Covent&y Eztate,6 dated Juty '85 and
Revised Nov. - 8 6 Dec. 19, ' 85 on ApA;U 8, 1986 as p.-an 010236,, -NoAth E.6'sex
Regi,stn.y o6 DeeA; PAetb. inany sttbdiv.i6ion plan dated Aptit 24, ' 86 wliiah "
now i,d. 'd ass "ORehand Path Es,tatu" and deb)initive plan caned 0.P.E. dated
August 29, ' 86, AecoAded on ApAit 17, ' 87 as p.ean 010669.,
r0F Kon rid,d
"4 Town of r
C}I^I'1C:1,5 OF: o 120 Mein Street
North Andover,
NORTH ANDOVER
lit fILDIN(; �,'�,'•r,,:; '.m' Massachusetts 01845
CONSERVATION ®a`O'wg` DIVISION OF (61 7)685-4775
I IEA[A I
PLANNING PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
MEMORANDUM
To: Daniel McConaghy, Asst. Building Inspector
From: Karen H.P. Nelson, Director of PCD
Date: September 17., 1987
Re: Coventry Estates Modification — Orchard Path
As a result of the ,joint discussion with Peter Ferinni, Scott Stocking
and myself on September loth, I request that a written report be submitted
to me specifying the reason(s) building permits cannot be issued. The
Planning Board has approved the Definitive modification, accepted bonding
for the construction of the road and released the Lots from the Covenant.
I will anticipate the report to be forthcoming to me by the end of
today.
c Scott Stocking, Town Planner
OFFICES OF: � Town of ' ' { |uo Mall) s(ncu|
Nv`EA)-8 �JN1U ���7��0� Noxkxncku��
~ ` ~~~~ ~^ ~~ ^ ~^ `~~ ^~ ` --~- wussuu|msetea /845
KUU-D|NO
CONSERVATION G��' mvmIOmO' (0/7)we5-4775
Hrs/\iTH
PmNw|NG PLANNING & COMMUNITY DEVELOPMENT
KN<BNH]`. N|l).S<�V. |)UU {
MEMORANDUM
TO: Buddy Cyr , Highway Department /
FROM: Scott A. Btocking , Planner
DATE: January 13, 1988
�
RE: Road Profile - Orchard Path Subdivision �
/
I have been asked by the developer of the above cited project to
!
submit this memo to provide a record for the future use . The road
profile as indicated in the approved subdivision plan has been changed |
per your request after a site visit . The change in the profile was
necessitated in order to keep the changes in the topography to a minimum
and to better drain the site. �
�
�
The actual profile constructed will be varified by the Planning �
Board upon submittal of the As-Built Plans by the developer .
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