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HomeMy WebLinkAbout1987-12-01 Legal Docs & Related Correspondence DENIED ,tee FITZGIBBONS, SLIPP HOMSEY ATTORNEYS AT LAW b�/ 126A PLEASANT VALLEY STREET JOSEPH FiTZGiBBONS - - _ METHUEN, MASSACHUSETTS o1844 �+"j�lJ PETER T.SLIPP - - _ -. - - - - - - _ "kUPHONE . KENNETH M.HOMSEY (617)681•0666 CHARLES F.PERRAULT p p - (AOMFrYrO MASS.,NH a ME) June , 1988 AMY J.0014AHUE 2L L` 1j •� Paul. A. Hedstrom, Esq. , Chairman Planning Board Town of North Andover 01844 Re: Milco Realty # 306 Forest Street North Andover, MA Edward A. Miller, Jr. Executor of the Estate of Ida Miller Dear Sirs: Please be advised that this office represents the above- captioned Executor with respect to the affairs of the Estate of Ida Miller. It is my understanding that there is a plan, entitled Milco Realty, before your Board for sub-division approval. Mr. Miller was appointed Executor on May 16, 1988 (a copy of his Appointment is enclosed) and has not had an opportunity to ascertain the exact status of the plan. Therefore, it is kindly requested that your Board grant an extension of time for a period of ninety ( 90) days in order for him to determine the status of the plan and then to proceed in the best interest of the Estate. Thank you for your attention and consideration of this matter. Very truly yours, FIT,ZGIBBONS, SLIPP & HOMSEY o s JF/ld v Enclosure Itfz#;C:IE/�;f7 ITZGIBBQNS, SLIPP HQMSEY 0\1 ATTORNEYS AT LAW 126A PLEASANT VALLEY STREET JOSEPH FiTZG(8SONS NOV 8 ( , AR 180 METHUEN,MASSACHUSETTS 01844 TELEPHONE PETER T,SLIPP (508)681.0666 KENNETH M.HOMSEY CHARLES F.PERRAULT - (ADMITTED MASS.,NH&ME) i } AMY J.UONAHUE - f i November 16 , 1988 `' DELIVERED IN HAND Paul A. Hedstrom, Esq . , Chairman Planning Board Town of North Andover North Andover Town Hall North Andover , Massachusetts 01845 RE : Milco Realty 306 Forest Street , North Andover , MA Edward A. Miller , Jr . , Executor of the Estate of Ida Miller Dear Sirs : Please be advised that this office represents the above- captioned Executor . At your August 18 , 1988 meeting , an extension of time of ninety ( 90) days was granted to the above-captioned , with respect to a proposed sub-division of land on Forest Street . Since that time , negotiations have been entered into to completely revise the proposed subdivision to the benefit of the estate and the Town . Additional time is needed to negotiate with the interested parties . Accordingly, it is respectfully requested that an additional ninety ( 90) day extension. from December 1 , 1988 be granted . Thank you for your attention to this matter . Very truly yours , FITZGIBBONS , SLIPP & HOMSEY Jn o s JF : ar f � I OFFER TO PURCHASE REAL ESTATE T0. Estate of Ida Miller/Millco Realty _ Date : Feb. 16 1989 (Seller) RE. The property at 14 . 50 acres F/- off Forest Street, North Andover Essex County, Massachusetts shown on a definitive Subdivision Plan of Millco Realty, dated December _1 , 1987 . (For title, see: ) We hereby offer to buy the Premises from you, subject to the following terms and conditions : 1 . We will pay for the Premises the sum of $590 , 000 . 00 , of which (a ) $ 1 , 000 . 00 is paid herewith as a deposit to validate this Offer; (b) and the balance of which shall be paid by virtue of a land swap agreement between the Seller and Buyer, with the total value to the Seller of $589 , 000 . 00 * See Rider attached hereto for additional provisions . 2 . This Offer is good until P .M. on „February 16 , 1989 , at or before which time a copy of this Offer must be signed by you and returned to us or else this Offer shall be void and of no force or effect and the money paid with this Offer hall be returned to us immediately. 3 . The Closing shall take place as per provisions of the attached Rider. 4 . If this Offer is accepted by you, then our obligation to buy the Premises is subject to and conditioned upon the contingencies contained in the Rider attached hereto and made a part hereof . 5 . If we do not fulfill our obligations under this Offer after it has been accepted by you, the deposit shall immediately become your property without further liability by. us to you. 6 . Time is of the essence of this Offer. 7 . The riders , if any, attached hereto are incorporated by reference . NOTICE : This is a legal documents . Consult an attorney. Upon acceptance by the Seller, it constitutes a binding agreement on both parties . Both parties acknowledge that they have been offered the opportunity to seek and confer with legal counsel of their choice prior to signing this agreement . Buy4�r ('r Rr�I/sz Address of Buyer: fal-1,0 cQ19G�' ell. AX/00VtX /of"? • aI�'/d k l t ACCEPTANCE This Offer is hereby accepted upon the foregoing terms and conditions and the receipt of the deposit of $, is hereby acknowledged . Seller(or spouse ) Seller Address of Seller: RECEIPT FOR DEPOSIT lg Received from Buyer the sum of $ as a deposit under the terms of the above Offer. Seller L:off-miller 4 s �i 'o RIDER 1 . This offer is contingent upon the Buyer conducting an engineering study on the land to determine the feasibility of connecting Sugarcane Lane (from the Seven Oaks Subdivision) to Candelstick Road at Lots 40/41 . The Buyer shall have sixty (60) days in which to have his engineer, Thomas E. Neve , Associates , Inc . , conduct such study. At the end of the sixty (60) day period , the Buyer shall have the sole right at his unfettered discretion, to cancel the within Offer to Purchase , and if the Buyer so cancels then this agreement shall be rendered null and void and fno further recourse to the parties , and the deposit paie hereunder shall be promptly returned by the Seller to the Buyer . 2 . The Seller shall make available to the Buyer within five ( 5) days of this Agreement , all engineering data , deep hole tests , perc tests and any other testing results and data which the Seller has. with respect to the parcel . 3 . The purchase of. the premises shall be further contingent upon the Buyer receiving Planning Board approval of a modified Definitive Plan with one acre zoning for individual lots , all Conservation Approvals , and all other local and State approvals required. 4 . Conveyance of the property shall take place within thirty (30) days notification to the Seller that all approvals have been secured, and all Appeal periods for said approvals have run without the filing of an Appeal . 5 . Payment of the balance of the Purchase Price shall be made by way of a land swap, whereby the Buyer shall convey to the Seller, lots owned by the Buyer , and having a total value of $590, 000 .00 , less deposit paid by the Buyer . The exact number of lots to be conveyed shall be determined at the time of payment . f j eJOsr,PII FITZGIBBONS ATTonN,1;Y AT LAW NILT 1UEN,111,1SSACHUSli19:S 01844 (508)613541000 February 9, 1993 Ms. Karen Nelson Director of Planning and Community Development Town of North Andover Town Hall North Andover, MA 01845 Re: Estate of Ida A. Miller Dear Ms. Nelson: Please be advised that I represent the Estate of Ida A. Miller. Kindly accept this letter as a request for an opinion as concerns the zoning of a parcel of land located on Forest Street, North Andover. The decedent, Ida A. Miller, was a resident of North Andover at the time of her death on March 1 , 1988. The bulk of the property of the estate consists of a 14 acre parcel of undeveloped registered land on Forest Street in North Andover. Prior to the decedent's death, a plan showing a division into 8 Form A lots was submitted to the North Andover Planning Board and endorsed by said Board under the Subdivision Control Law Not Required, signed and dated April 27, 1987. On that date, the Town zoning by-laws called for one acre zoning in a residential-2 district. On or about May 16, 1988, the Court allowed the Petition of Probate of Edward A. Miller, Jr. and appointed him executor of the estate. On May 23, 1989, the executor petitioned the Court for a license to sell all of the real estate for the sum of $650,000.00. One of the heirs, James J. Miller, filed objections to the Petition to Sell Real Estate. The original offer was withdrawn and a new offer to purchase has been negotiated. On or about May 1987, the Town of North Andover amended its by-laws to require two acre zoning in residential-2 districts. The estate has a ready, willing and able purchaser for the above-described property, however, the purchaser desires to have the issue of zoning resolved prior to expending time and money for definitive subdivision plans and the like. lam of the opinion that the exemptive provisions of the statute, M.G.L. Chapter 40A, Section 6, apply and that a zoning freeze is in effect pursuant to the eighth paragraph of said statute. Paragraph 6 provides: "When a plan referred to section eighty-one P of chapter forty-one has been submitted to a planning board and written notice 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 Ms. Karen Nelson Director of Planning and Community Development Town of North Andover February 9, 1993 Page two of two 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. Paragraph 8 provides: "In the event that any lot shown on a plan endorsed by the planning board is the subject matter of any appeal or any litigation, the exemptive provisions of this section shall be extended for a period equal to that from the date of filing of said appeal or the commencement of litigation, whichever is earlier to the date of final disposition thereof, is in favor of the owner of said lot." M.G.L. Chapter 40A, Section 6. The litigation has not been finally resolved, but it is expected that a License to Sell the real estate based upon the new offer will be granted in the immediate future. The Estate of Ida A. Miller requests an opinion from your office that the zoning of the above-described land is governed by the applicable provisions of the zoning ordinance in effect at the time the plan was submitted and endorsed by the Planning Board. Please feel free to contact me if I can provide you with any further information regarding this matter. Very truly yours, �- JF:dkm