HomeMy WebLinkAbout1984-08-17 Correspondence/Letter of Opinion J f
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LEONARD KOPELMAN KOPELMAN AND PAIGE, P. C. JEANNE S. MCKNIGHT
DONALD G.PAIGE JUDITH C.CUTLER
ELIZABETH A.LANE ATTORNEYS AT LAW ANNE-MARIE M. HYLAND
JOYCE FRANK RICHARD BOWEN
JOHN W.GIORGIO 101 ARCH STREET CHERYL ANN BANKS
BAR13ARA J.SAINT ANDRE DAVID J.DONESKI
JOEL B. BARD BOSTON, MASSACHUSETTS 02 1 10-1 137 SANDRA CHARTON
EVERETT J.MARDER ILANA M.QUIRK
PATRICK J.COSTELLO BOSTON OFFICE SR€AN W.RILEY
(617)951-0007
MARY L.OIORGIO
JOSEPH L.TEHAN,JR, FAX (617)951-2735 KATHLEEN E.CONNOLLY
WIL.IAM HEWIG Ili NORTHAMPTON OFFICE JOHN G.GANNON
THERESA M.DOWDY (413)585-8632 KURT B. FLIEGAUF
DEBORAH A. ELIASON MICHELE E. RANDAZZO
WORCESTER OFFICE PETER J. F'EUERBACH
(508)752.0203
September 7, 1995
Kathleen Bradley Colwell A ,.
Town Planner 1l
North Andover Town Hall
120 Main Street
North Andover, MA 01845 ; -g f
Re: "The Pines" Subdivision Freeze
Dear Ms. Colwell:
You have requested an opinion as to whether Lots 11 and 12
Pine Ridge Road shown on an approved subdivision plan are subject
to current zoning or whether they are exempt under the eight-year
freeze provisions of G.L. c. 40A, §6 from a change in lot area
requirements. The facts as I understand them are that "The
Pines" subdivision was approved on August 17 , 1984, and the plans
were endorsed on November 15, 1984 . At the time the subdivision
was approved, the Town's Zoning By-laws required a minimum of one
acre lots. The Zoning By-laws were amended in 1987 to require a
minimum lot size of two acres. The lots have continued to be
held in common ownership.
In my opinion, the lots are not exempt from the two-acre lot
size requirement, since the eight-year protection period has
lapsed.
Pursuant to G.L. c. 40A, §6, the land shown on an approved
definitive subdivision plan remains exempt from future amendments
to the zoning by-laws for eight years from the date of
endorsement. After the eight-year period lapses, development of
the land must comply with the current zoning by-laws. In the
event that a moratorium is imposed preventing the issuance of
permits, this eight year period is extended for the length of the
moratorium. The eight year period may also be extended for the
period of any litigation in which these lots were the subject, if
the case is finally adjudicated in the owner's favor.
PRINTED ON RECYCLED PAPER
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KoPELMAN AND PAIGE. P,C,
Kathleen Bradley Colwell
Page 2
September 7, 1995
Thus, for Lots 11 and 12 of The Pines subdivision, barring
litigation or a moratorium, the eight-year protection period
lapsed on November 15, 1992 . In my opinion, the developer would
have to combine the two adjoining lots held in common ownership
in order to meet the' new zoning requirements as to area.
If you have any further questions about this matter, do not
hesitate to contact me.
Very truly yours,
vl B. Bard
JBB/ACP/cmm
cc: Board of Selectmen