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Home My WebLink About1966-10-03 Decision DEF SUB Form 81 U — I North Andove' �,)fanning Board SUBMISSION OF DEFINITIVE SUBDIVISION PLAN TO PLANNING BOARD Name and Address of Applicant: Dare of Submission of Plan: Howard. & Joan Stafford. December 21y 1965 and the :state,of Alyce Colgate North Andover Planning Bond 'own Office Building North Andover, Mossachusott;j Gentlemen- ,Pursuant to the provisions of G.L. c. 41 , §§ 81 0 and 81 V, the original of the plan described below, together with four copies thereof, is herewith submitted to you for approval under the subdivision control law. A copy of the some has this day also been submitted to the North Andover Board of Health, Exact Title of Flan: Flan Of Sylvan Term ce; North Andover, Mass. Date of Plan: Dec® 219 1965 Engineer: Bra.sseur Associates Name and Address of Record Owner of Land: Alyce R. Oolgate of all Title Reference: North Essex Deeds, Book 963 Page 47S� J Book 997 Page 22 Certificate of Title No.. , Registration Book ,page ;or Other: Des�LrSltion of Land "sufficient for identification": Parcel of land between Naas chuset-L•s A.ve, 9 U.nden Ave. and Woodstock St, shoim on .AsseBsors Flat //45A an Lots 48, 53 t1wu 58 InclusIve® Af tS0t- for —A—Lim i • �; wlf� `'. Very truly yours, Howaxd & Joan Stafford and Estate of AlypLe Cglg App I i'civnt bys Harry Silve:r9 Esquire The llorth Andover Planning Board has vot d to APPROVE said plan, subjc cr to i-hc: following condliions: I . Thai, the record owners of ihc� sub,J ci lend forihMi-h exocu i c: and rocord`e ''covenant running wd -;h the land", or o-f hc: Vji se provide: sccur i i for the cons i rue i on of 4,.a;.s and E h i'ns'I'a.l l a r~ron. o f mun i s i'pa l sory i ces within said subdivision, all as provided b,, G.L. c. 41 , ( 81 U. 2. That all such construction and installations shall in all respects conform to the governing rules and regulations of this Board. 3. That, as required by the North Andover Board of Health in its report to this Board, no building or other structure shall be built or placed upon Lots as shown on said Plan without the prior consent of said Board of Health. 4. Other -conditions: In the event that no appeal shall have been taken from said approval within twenty days from this date, the North Andover Planning Board will forthwith thereafter endorse its formal approval upon said .plan. The North Andover Planning Board has DISAPPROVED said plan, for the following reasons: NORTH ANDOVER PLANNING BOARD Date; By Form 81 P 1 {1963) North Andover Planning Board SUBMISSION TO PLANNING BOARD OF PLAN BELIEVED NOT 1'0 REQUIRE APPROVAL UNDER THE SUBDIVISION CONTROL LAW Name and Address of Applicant: Date of Submission of PlAn: c. July 22, 1966 c� fl S J C.o h(!� North Andover Planning Board Town Office Building North Andover, Massachusetts Gentlemen: Pursuant to the provisions of O.L. c. 41, s. 81 P, the grigi.nal of the plan described below, together with two copies thereof, is herewith submitted to you for a determination that your approval of the same is not required by the subdivision control. law. EXACT TITLE OF PLAN, with date and name of Surveyor: ``11 Description of land "sufficient for identification": A parcel. of land off the westerly side of Massarhueotts Avenue, at the east side o_fi Linden Avenue, at -the end of Sylvan Terrace. Title reference: North Essex Deeds, Book , page • Attorney for Applicant: It is believed that such a determination should be :Wade for the reasons given upon the reverse hereof: APPLICANTiS REASONS FOR BELIEVING THAT APPROVAL OF THE FLAN SUBMITTED HEREWITH IS NOT REQUIRED BY THE SUBDIVISION CONTROL LAW: The change :in the plan constitutes a change in a drainage easement and the conveyance of a small strip of useless land at the curve in the roadway to an abutter. Very truly yours, Applicant N.B. The subdivision control law requires. the Planning Board to make the re- quested determination "unless such plan shows a subdivision." G.L. c. 413 :s. 81 P. Accordingly, the foregoing statement of "reasons" must clearly indicate that the subject plan does not "show a subdivision", which is defined by G.L. c. 41, e. 81 L (as amended by St. .1963, c. 580), as follows: "Subdivisi.oWl, shall mean the division of a tract of land into two or more lots and shall include resubdivision, and, when .appropriate to the context, shall relate to the process of subdivision or the land or territory subdivided; pro- vided', however, 'that the division of a tract of land into two or more lots shall not be deemed to constitute a subdivision within the' meani.ng' of the subdivision control law if, at the time when it is made, every lot within the tract so divi- ded has frontage on (a) a public ways ox 'a way which the: clerk of the city or town certifies is maintained and used as a public ways or (b) a way shown on a plan theretofore approved in accordance with the subdivision control law, or (c) a 'way in existencelwhen the subdivision control law became effective in. the city or town in which the land lies, having, in the opinion of the planning board, sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of, the land abutting thereon or served thereby, and for the installation of municipal ser- vices to serve such land and the buildings erected or to be erected thereon. Such frontage shall be of at least such .dietance as is then required byizoning or other ordinance or by-law, if any, of said city or town for erection of a building on such lot, and if no distanee ,is so required, such frontage shall be of at least twenty feet. Conveyances or other instruments adding to., taking away from, or changing the size and shape of, lots in such a manner as not to leave any lot so affected without the frontage above set forth, or the division of a tract of land on which two or more buildings were standing when the subdivision control law went into effect in the city or town in which the, Land lies into separate lots on each of wlich ..one of such buildings remains standing,; shall.not constitute a subdivsion. • Ik i i Form 81 P 2 (1963) North Andover Planning Board NOTICE TO TOWN CLERK OF ACTION OF PLANNING BOARD ON PLAN DESCRIBED BELQ1 Name and Address of Applicant: Bate of Submission of Plan: Jay i6 ��'. 1111Jod► f� � Town. Clerk, Town of North Andover ' Town Office Building North Andover, Massachusetts Dear Sir: We forward to you herewith the original and one copy of .the plan described below, heretofore submitted to this Board Under G.L. c. 41, s. 81- P, which you may deliver, upon request, to the applicant above named. . EXACT TITLE OF PLAN, with date and name of Surveyor: . : Description of land "sufficient for identification": A s rcuo°2 ae ;1 nd of! thke ws o-,T1 old oldo oT Z slogol o ts Avon-Voo at the Dear s.3do a'�f UnOon Avwwa, at Usv, cam. of 8y llv Terry. Title reference: North Essex Deeds, Book , page . Attorney for Applicant: The action taken by this Board upon said plan is indicated upon the reverse hereof. (1) The North Andover Planning Board has determined that said plan does not require -approval under the subdivision control law, and the appropriate endorsement has been made upon the same. (2) The Nprth Andover Planning Board has determined that said plan shoe& a { subdzvis3:oY�# as defined�b .I„ e. 41, s. $ L and Must therefore be re-submitted to it ,for appro al under t e sub 'vision contr �aU�. (3) the North Andover'Planning has determin a take no•'aatlon upon said plan: to Very truly yours" NORTH ANDOVER PLANNING BOARD BY Dater' L/L + 3, �Y61b r