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HomeMy WebLinkAbout1964-01-06 ANR Plan DEF SUB Form 81 P, - 1 (1963) North Andover Planning Board SUBMISSION' TO PLANNING BOARD 0 ' PLAN BELIEVED NOT TO REQUIRE APPROVAL UNDER THE SUBDIVISION CONTROL LAW Name and Address of Applicant: Date of Submission of P.3An: Mr. Benjamin Osgood Old North Andover Realty Trust September 27, 1966 Old Village Lane North Andover, Massachusetts North Andover Planning Board Town Office Building North Andover, Massachusetts Gentlemen: Pursuant to the provisions of G.L. c. 41, s. 81 P, the original 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; plan of Land in North Andover, Scale: 1"* 801 Sept. 19# 1966 Hayes Engineering,Inc. Melrose Owner: Old North Andover Realty Trust Description of land" "sufficient for identifications': Approximately eight (8) acres of Land on the westerly sine of Woodcrest Drive and north of Meadowview Road, comprising seven (7) lots on Woodcrest Drive. Title reference: North Essex Deeds, Book page Attorney for Applicant: Attorney Victor Hatem It is believed that such a determination should be made for the reasons given upon the reverse hereof. APPLICAkIS REASONS FOR BELIEVING THAT APPROVAL OF THE FLAN SUBMITTED HERE-WITH IS NOT REQUIRED BY THE SUBDIVISION CONTROL LAW: Because every lot shown thereon has required frontage and area on a previously approved street. 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, 41, 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, s, 81 L (as amended by, St. 1963, c. 580), as follows: "Subdivision" 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 meaning of the .eu'bdivision control law if,. at the time when it is made, every lot within' the. tract so divi- ded has frontage on (a) a public way, or a way which the clerk of the city or town certifies is maintained and used as a public way, or' (b) a way shown on a , plan theretofore approved in accordance with the subdivision control law, or (a) a way in existence when 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 distance as is then required by zoning or other ordinance or by-law, if any, of said city or town for erection of a building on .such lot, and if no distance 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, l.ots .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 which one of such buildings .remains standing, shall not constitute a subdivsion.