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Home My WebLink About1995-10-23 Zoning Jerad IV DEF SUB Information LEONARD KOPELMAN KOPELMAN AND PAIGE, P.C. DEBORAH A. ELIASON DONALD G. PAIGE JEANNE S. MCKNIGHT ELIZABETH A. LANE. ATTORNEYS AT LAW JU DITH C. CUTLER ANNEMARIE M. HYLAND JOYCE FRANK JOHN W. GIORGIO 101 ARCH STREET RICHARD BOWEN BARBARA J. SAINT ANDRE CHERYL ANN BANKS JOEL B. BARD BOSTON, MASSACHUSETTS 02110-1137 DAVID J. DONESKI EVERETT J. MARDER SANDRA CHARTON PATRICK J. COSTELLO BOSTON OFFICE BRIAN W. RILEY _...__.._-_.____.._....___..._ 1617) 9 51-000 7 MARY L. GIORGIO FAX (617) 951-2735 KATHLEEN E. CONNOLLY JOSEPH L. TEHAN, JR. WILLIAM HEWIG III NORTHAMPTON OFFICE JOHN G. GANNON THERESA M. DOWDY (413) 585-8632 KURT B. FLIEGAUF W ORCESTER OFFICE MICHELE E. RANDAZZO (508) 752-0203 December 2 , 1994 Planning Board North Andover Town Hall 120 Main Street North Andover, MA 01845 Re : Zoning Status of Lot 29 - Jared Place II Subdivision Dear Members of the Planning Board: You have requested an opinion concerning the zoning status of Lot 29 in the Jared Place II subdivision. Jared Place II was originally approved in April , 1987, and was subsequently modified in October, 1987 . The Town changed the zoning in the area from a one-acre minimum lot size to a two-acre minimum in April , 1987 . You have asked whether Lot 29 , which contains 37 acres, may be further divided into one-acre lots, based upon the G.L. c . 40A, §6 , eight-year zoning freeze applicable to approved subdivision plane . You have also asked whether the zoning freeze runs from the date of the original subdivision approval or from the date of the subdivision modification. �'". In my opinion Lot 29 remains protected from the two-acre endorsement of approval of the ,ori in subdivision ate of the q g Y alo tdivl„Sian plan, i . e . , lot size requirement for eight ears it may be divided into one acre lots Su lo reate will lose their zoning protection, however, if they are n,otbuilt ch ts 1 c d mU upon or held under separate ownership by the time the eight-.I'llyear�w^ subdi "expires. Inilother words, it is my opinion that a f"reeze vision plan submitted while Lot 29 is still subject to the pre-April , 1987 zoning will not serve to extend the one-acre lot minimum for another eight years after endorsement of the new subdivision plan . "A"'i runs from the date of the original subdivision approval m.m,�.�..,mo With regard to our question as to whether t � o zoning freeze g Y p r from the date of the subsequent modification, it is my opinion that PRINTED ON RECYCLED PAPER ...lei,i.i d 4 t`.::.:',r.fir.:...........a 1.: .'..: %,a'.: :x5..,.a'.a.l+.e,: s•,.s:..'.t.._lr'.:.a♦+..r<,r ..._,a....a.. .e.r,.®.....,.a.. ___—eo.sv..uvvva'saa,srew,i �__.._____.__._ KOPELMAN AND PAIGE, P.C. Planning Board December 2 , 1994 Page 2 the eight-year period commenced upon the date of endorsement of approval of the original subdivision plan. The modification did not commence a new eight-year freeze period. Please do not hesitate to contact me should you require further assistance in regard to this matter. Very truly yours, ;S dith C. Cutler JCC/myj cc : Board of Selectmen Town Manager NO11 iH ............ KAREN H.P. NELSONr° Town Of 120 Main Street, 01845 Director NORTH ANDOVER (508) 682 6483 BUILDING CONSERVATION @B�CMU6f4 DIVISION OF a�LrrNING PLANNING & COMMUNITY DEVELOPMENT Memorandum To: Joel Bard, Esq From: Kathleen Bradley Colwell, Town Planner Date: November 14 , 1994 Re: Jared Place II - Zone Freeze for one thirty-seven lot Background: The Jared Place II subdivision decision was filed with the Town Clerk on April 10, 1987 . This decision was subsequently modified and the modification filed with the Town Clerk on October 26 , 1987 . One of the lots (Lot 29) created as part of this subdivision contains thirty-seven acres of land. As of the date of the filing of the original decision one acre lots were required. In April of 1987 the Town voted to change the zoning in that area to two acres. The owner now wishes to subdivide this large lot into one acre lots. Questions: Is this lot protected under a zone freeze as a one acre lot? Can it be subsequently subdivided into one acre lots? If the lot is protected, should the zone freeze run from the date of the original decision or the modification? Please see the attached letter from the owner for more information. If you need further information please call me at (508) 682-6483 ext. 24 . LAW OFFICES OF REGINALD L. MARDEN, P.C. 23 CENTRAL STREET (!r-,- ANDOVER, MASSACHUSETTS Otst❑ REGINALD L. MARDEN (MASS. N.H. & ME.) TEL: (BOB) 470-0477 GEORGE A. RAND ` FAX (508) 475-4644 ! S1i; VINCENT W. YDUMATZ (MASS. & N.H.) DAVID A. PAPPALARDO (MASS. & N.H.) I ' November 7 , 1994 Ms . Kathleen Colwell, Town Planner North Andover Town Hall 120 Main Street North Andover, MA 01845 RE: Modification of Definitive Plan of Jerad Place II ; Robert Janusz, Applicant Dear Ms . Colwell: With respect to the above-referenced matter,. I am writing to you to set forth the legal basis on which Mr. Janusz proposes to modify the Definitive Subdivision Approval of Jerad Place II . As you know, Jerad Place II received definitive approval on October 26 , 1987 for thirty ( 30 ) lots . As of the date of approval of the subdivision, the applicable dimensional requirements of the Zoning By-law was one ( 1 ) acre per lot. Subsequent to the approval of Jerad Place II, the Zoning By-law was amended, increasing the applicable dimensional requirement to two ( 2 ) acre Zoning . Despite the zoning change, Jerad Place II was grandfathered and was therefore developed according to the plan and one ( 1 ) acre zoning. Mr. Janusz now ;seeks to modify the original subdivision approval in order to finish the development of Lot 29 , which contains thirty-se-Ten ( 37 ) acres of lard. Because the original subdivision was approved under one ( 1) acre zoning, it is our position that the modified plan will be grandfathered and therefore subject to one ( 1) acre zoning. We believe that our position is mandated by statute . M.G.L. Chapter 40A, Section 6 governs the situation where a zoning change becomes effective after the approval of a definitive subdivision plan. In such a case, according to the plain language of the statute, the land shown on such plan shall be governed by the applicable provisions of the zoning ordinance or bylaw, if any, in effect at the time of the first such submission while such plan or plans are being processed under the Page 2 November 7 , 1994 RE: Modification of Definitive Plan of Jerad Place II; Robert Janusz, Applicant subdivision control law, and if such definitive plan or an amendment thereto is finally approved, for eight years from the date of the endorsement of such approval(s ) . (emphasis added) In the instant case, the original approval under one ( 1 ) acre zoning was received on October 26 , 1987 , therefore the eight ( 8 ) year zoning freeze extends to October 27 , 1995 . The final paragraph of M.G.L. Chapter 40A, Section 6 makes it clear that " [t]he submission of an amended plan or of a further subdivision of all or part of the land shall not constitute. . .a waiver" of the grandfather provisions of Section 6 . Mr . Janusz would like to proceed with the modification of the plan as soon as possible. I would appreciate it if you would let us know whether you have any thoughts on this situation at your earliest convenience. I look forward to working with you in this matter. Very truly yours , Law Offices of Regina ld,�L,.` Marl C . George lr, Rand GAR/hld cc : Robert Janusz of 0..",ry KAREN H.P.NELSON Town of 120 Main Street, 01845 Director � (508) 682 6483 BUILDING NORTH ANDOVER CONSERVATION s$�CHUS DIVISION OF HEALTH G PLANNING & COMMUNITY DEVELOPMENT December 5, 1994 Mr. Robert Janusz 40 Sunset Rock Road Andover, MA 01810 Re: Lot 29 Jared Place II Dear Mr. Janusz , I have enclosed for your review a copy of the opinion rendered by Kopelman & Paige regarding the status of Lot 29 Jared Place II. Lot 29 remains protected from the two-acre zone change for a period of eight (8) years from the date of the endorsement of the approval of the original subdivision plan. Please submit a recorded copy of the original subdivision plan as the Planning Office copy is missing. If you have any further questions please call me at 682-6483 ext. 24 . Sincerely, Kathleen Bradley Colwell Town Planner CC. G. Perna, Acting Dir PCD G. Rand, Esq. re ALULL DECEMBER 13, 1995 THOMAS E. NEVE ASSOCIATES, INC. 447 OLD BOSTON ROAD TOPSFIELD, MA. 01983 DEAR TOM: I SPOKE WITH KATHLEEN THIS MORNING REGARDING SEPARATING LOT 28C FROM THE PRD, AND GETTING THE FORM "A" ENDORSED PRIOR TO THE JERAD IV SUBDIVISION PLAN. SHE INDICATED IT MAY DEPEND ON HOW IT WAS PRESENTED IN THE SUBDIVISION PLAN. THE "DIMENSIONAL AND DENSITY COMPUTATIONS" ON PAGE ONE OF THE PLAN CLEARLY SEPARATES LOT 28C FROM THE PRD: TOTAL PARCEL AREA 4,182,784 S.F. 96.02 ACRES MINUS PARCEL A 1,829,520 S.F. 42. +/- MINUS LOT 28C 335,165 S.F. 7.69 ACRES EQUALS THE TOTAL PRD SUBDIVISION 2,018, 099 S.F. 46.33 ACRES COMPRISED OF ROADWAY AREA 93,623 S.F. 2.15 ACRES LOTS 1 THRU 19 964,045 S.F. 22.13 ACRES OPEN SPACE AREA 960,431 S.F. 22.05 ACRES TOTAL PRD SUBDIVISION 2,018,099 S.F. 46.33 ACRES OPEN SPACE REQUIRED 706,335 S.F. 16.21 ACRES OPEN SPACE PROVIDED 960,431 S.F. 22.04 ACRES UPLAND FOR OPEN SPACE REQ. 529,751 S.F. 12.16 ACRES UPLAND FOR OPEN SPACE PRO. 721,547 S.F. 16.56 ACRES KATHLEEN INDICATED THAT SHE BELIEVED THE PLANNING BOARD WOULD PREFER TO SEE LOT 29C CHANGED TO A ONE ACRE LOT SO THAT THE REMAINDER WOULD REMAIN AS OPEN SPACE -WHICH IT WILL IN ANY EVENT. CAN THIS BE DONE WITHOUT CHANGING THE PRD -BY CREATING TWO FORM "A" PLANS - ONE IN ACCORDANCE WITH THE PLAN SUBMISSION AND THE SECOND CHANGING IT TO ONE ACRE? PLEASE ADVISE. SINCERELY, f ROBERTJANUSZ 40 SUNSET ROCK RD. ANDOVER, MA. 01810 508 475-8715 � I TOWN OF NORTH ANDOVER 120 Main Street North Andover, MA 01845 Facsimile Transmittal Form Date: J tyl-e V� a � Addressee: Name: Firm: Street• city: Fax Num. : From: 1 Name: '.E""aJ 1 'c �11_ _.) ?..�.,t , .,. " V""`► � ,� 11 Dept: Community Development and Services 146 Main Street North Andover, MA 01845 Telephone: (508) 688-9535 Fax Number: (508) 688-9542 Total Number of Pages, Including Cover Sheet: , Additional Comments: � ��?. aoi C1 ' (` �y/'''4��y\ , (�''"'gyp\''� yR/,°/'y� � � _ '+m.� xia aOP ) .,... I �'Y Y i .. .^ ��1..wY ... �� A ^^^.,""""...._�'�M,v 4 (—Q .,. VY-QQ—. p f F P� � ��>r °�i�j� � ,;�• � a,� �,.,�` ,� ,W�� ,� e�,d .�,�� ,� �- �� p � ds � 4 �� —� 1�7�f'� �. � ea T own of North over 40RTH 0 OF1710E OF 0 0 COMMUNITY DEVELOPMENT AND SERVICES 0 146 Main Street IMNNETH R.MAHONY North An over Mass chusetts 0 1845 SAr U5 Director To: Joel Bard, Esq From: Kathleen Bradley Colwell, Town Planner Date: June 12, 1995 Re: Lot 29 Jared Place II Subdivision - Zoning Freeze In December of 1994, 1 asked for and received an opinion regarding the zoning status of Lot 29 Jared Place II. (see attached) The subdivision was deemed protected under one acre zoning for eight years from the date of endorsement of the plan. (see attached) The plan was endorsed on July 7, 1988 therefore the zoning freeze will end on July 7, 1996. Lot 29 contains thirty seven acres and has now been combined with additional land. The site is before the Planning Board for a special permit for a Planned Residential Development. In determining the number of lots in the PRD, the developer must submit a conforming conventional subdivision plan must be submitted for review. The conventional plan properly shows one acre lots on the portion of the property that came from Lot 29. The developer, Bob Janusz, frequently sells lots to builders or retail customers. The question that has arisen is what happens on July 7, 1996 when the freeze ends and what can the developer do to preserve the one acre zoning. I understand that the lots lose their zoning protection if they are not built upon or held under separate ownership by the time the eight year freeze expires. Some but not all of the lots may be built upon by next year. If the lots are not built upon but are in separate ownership does this preserve the freeze? Can three of four builders own more than one lot; none of which are contiguous; after July 7, 1996? Will the builders be entitled to building permits on what will be considered "pre-existing, non-conforming lots" (MGL 40A, Sec. 6) . This opinion is important for both the applicant and the Planning Board. As this property will be developed as Planned Residential Development it will be very difficult to modify the plan if the freeze expires. The developer is willing to pay for this review. Please give me an estimate for the cost of this review so that applicant can pay a portion of that to the Town up front. jared.opi BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVANION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Panino 1).Rotx-d Nicetta Michael Howwd Sandra&tarr KatWeen Bradley Colwell Y TABLE OF DRAWINGS: • { - TITLE SHEET CATC, DE MAP -- I"= Z00 ' SUR-\/EY J^UODIVIS,OtJ ORAIN °S - -7- TO POGRA P1-IY -UTi CITIES ORAIN w _ +� - C'Jt`SSTr�'iUCTtCN DETAtiLS EXIST FIN!Si- ? �. - CRpE2 CF �OND,TIONS , t lip Rn-DI.VAY CROSS FIRE c.c. -ION 20 1.� yj i \ �► gEiNF o� FLAG: i \ L 29 m 21 .� 3; ACR, S 7 p STON 17 22 25 I � TELE 27 i2 TESL m i23 rl aENCHMARK= (5,NI) TAPP _u —5N�-`�c_ sr,3%2.ON EASTERLY SIDE WAT "-6 _.. •_ (71G.NAIL SET IN PO Lc Z4' i or- FOREST STaEEr cLE•JATION= ISb• V.5 5 pA TU IZFT // A G �� 42 c4 Ko.,� ` Z 41 4-0r e �, 39 � r c a rr N cc 2 8 a e su NOV �L 30 ZONING DISTRICT 3- ti¢ 3` 34 F R Z- RESIpENCc DISTRICT 31 .CRTW �L I i 32 NOWT L10,1987. E. MILLER ' NORTH G2Z.,99^7. IM g¢,c+cus T T NE ' OF�IC- OF THE TOL^JN C...L-=�*7K T.Irs is ro cEr:TF! rl.Ar •�N 1��2�1�7 aEtGlvEp cr+nn� r.F_ ?l ar:rJIHG -Anp A ..EP r:I,,•:.::Imo.r.i •.)c ora-?:.. r...5 PLA,j. An.O r—r I,r,,;,,Irk rwd rwfNrr CLOT DA,5 ue�r _ FCI.I O'.L'.N� 1 Hse�i6 4E_fIVED >i._ raOrICE OF •aN-( APPEAL FRO,,, rME DE-: CtJ 717 5-'F r, N y C ,�+�+v0`� i CLERK �A� w` NOr, 'v COMN40N DR,vEWAY EASEMENTS, DESIGN ANO LOT DEVELOPMEINT COMpACN CRivEWAY EASEMENTS, DESIGN, .ANC LOT DEvELC� •ICNT FCR L�TS ,A t9, 25 G2^, v 36G37. 4RE SNC:vN CN THE FOLLOWING SHEETS SC A Lc LEONARD KOPELMAN KOPELMAN AND PAIGE, P.C. DEBORAH A. ELIASON DONALD G. PAIGE JEANNE S. MCKNIGHT ELIZABETH A. LANE ATTORNEYS AT LAW JUDITH C. CUTLER JOYCE FRANK ANNE-MARIE M. HYLAND JOHN W. GIORGIO 101 ARCH STREET RICHARD BOWEN BARBARA J. SAINT ANDRE CHERYL ANN BANKS JOEL B. BARD BOSTON. MASSACHUSETTS 02110-1137 DAVID J. DONESKI EVERETT J. MAROER SANDRA CHARTON P ATRICK J. COSTELLO BOSTON OFFICE BRIAN W. RILEY (617) 951-0007 MARY L. GIORGIO FAX (617) 951.2735 KATHLEEN E. CONNOLLY JOSEPH L. TEHAN, JR. W ILLIAM HEWIG 111 NORTHAMPTON OFFICE JOHN G. GANNON WILLIA A M. DOWDY 1413) 585.8632 KURT B. FLIEGAUF THERESMICHELE E. RANDAZZO WORCESTER OFFICE 1508) 752.0203 December 2 , 1994 Planning Board North Andover Town Hall 120 Main Street North Andover, MA 01845 Re : Zoning Status of Lot 29 - Jared Place II Subdivision Dear Members of the Planning Board: You have requested an opinion concerning the zoning status of Lot 29 in the Jared Place II subdivision. Jared Place II was originally approved in April, 1987, and was subsequently modified in October, 1987 . The Town changed the zoning in the area from a one-acre minimum lot size to a two-acre minimum in April, 1987 . You have asked whether Lot 29 , which contains 37 acres, may be further divided into one-acre lots, based upon the G. L. c . 40A, §6 , eight-year zoning freeze applicable to approved subdivision plans . You have also asked whether the zoning freeze runs from the date of the original subdivision approval or from the date of the subdivision modification. In my opinion, Lot 29 remains protected from the two-acre lot size requirement for eight years from the date of the �{ endorsement of approval of the original subdivision plan, i . e . , it may be divided into one-acre lots . Such lots, if created, will lose their zoning protection, however, if they are not built__ upon or held under separate ownership by the time the eight-year freeze expires . In other words, it is my opinion that a subdivision plan submitted while Lot 29 is still subject to the pre-April, 1987 zoning will not serve to extend the one-acre lot minimum for another eight years after endorsement of the new subdivision plan. With regard to your question as to whether the zoning freeze runs from the date of the original subdivision approval or from the date of the subsequent modification, it is my opinion that PRINTED ON RECYCLED PAPER ( < G , KOPELMAN AND PAIGE, P.C. Planning Board December 2 , 1994 Page 2 the eight-year period commenced upon the date of endorsement of approval of the original subdivision plan. The modification did not commence a new eight-year freeze period. Please do not hesitate to contact me should you require further assistance in regard to this matter. Very truly yours, ,Sudith C. Cutler JCC/myj cc : Board of Selectmen Town Manager