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STEVENS POND ASSOC
Foirm 81 P - 2 (1963) North Andover Planning Hoard NOTICE TO TOWN CLERK OF ACTION OF PLANNING BOARD ON PLAN DESCRIBED BELOW i Nit dAdsl�e s o _Applicant: Date of Submission of Plan: 3 November 31 At:dorna►, 1rr. dlf Town Clerk, Town of North Andover Town Office Building+ ,, North Andover, Massachusetts N ,,LYONS � FIERY` j �p�NN pUVFR Dear Sir: vURjH PN `; p2 We forward to you herewith the original and new coZplan described below, heretofore submitted to this Board under G.L. co 411 se 81 P, which you may deliver, upon request, to the applicant above named. EXACT TITLE OF PLAN, with date and name of Surveyor: P M8 of Laud lent" " SWU Udar'ir *M* by i U *Sr ion o r"sufficient for iden319"tification": %a lamed as ahm an *&U *mUU*d plan attaahod htrelto boa~tdad in tha Southa"s by SUVA S t an fto N thaast by Nakom�r Road an tho Aortkwoa by othW lamd at TIUMt D. IMAGra and by land of vAKOW iO"WS am = tha doKtC wo" by Other Load at T1neent B• Lazd*rv, 044%&Wng appWOK120tar U*-'9 &SM OMS W US* Title reference: North Essex Deeds, Book , Page e Attorney for Applicant: `40 j ,mss The action taken by this Board upon said plan is indicated upon the reverse hereof. T (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) a North Andove 1 ing Board has dete th said plan shows a ubdivision as defined y G.L. c. 41, 81 L. and st therefore be -sub tted to it for app va der the subdivision oontro aw. (3) a North And er Planning ard has deto take no act Pon i aid pl . j Very truly yours, i NORTH ANDOVER PLANNING BOARD By Date: lI 7 Z k I� I Form''..01 P - 2 (1963) North Andover Planning Aod I NOTICE TO TOWN CLERK OF ACTION OF PLANNING BDARD ON PLAN DESCRIBED BELOW Name and Address of Applicant: Date of Submission of Plan: November 3,, 1972 Vincent B. Landers TT- 40 Court Street _o i North Andover, Mass. Town Clerk, Town of North Andover Town Office Building North Andover, Massachusetts C\- 'URI L'URIN AN9�VER (. Dear Sir: Zoz Z2 �• We forward to you herewith the original and new co- 6 the plan described below, heretoforesubmitted 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: Plan of Land leoated is North Andoverg lfass* belonging to 8tevene Pond Associates - Vinsent & Landers Varah 23 l?T2 w _i- "� ' c ti '": Description of lad 'suffic en r en Land in North Andover bounded by Stevens Street on the Northeast, Osgood Street on the west! Phillips Court on the Soatbwest and Pleasant Street on the South consisting of fire (g) parcels with a total area of 31 acresp plus or minus® Title reference: North Essex Deeds, Hook 1� Page "3. Attorney for Applicant: John 3. Millis 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 North Andover Plann a\hasdeterminedthat said_pl ws a subdivi ion, as de ed by G.L , s. 81 L, and st therefore re-submied�to it for a roval under e s vision control, law. PP (3) The North dower P1 ing Board has ermined :to take coon upon (sai lan. Very truly yours, NORTH VER PLANNING BOARD By Date: JOHN J. LYNCH T[LE►NOMC 688.3861 JOHN J. WILLIS DOMENIC J. SCALISE LYNCH AND WILLIS ATTORNEYS-AT-LAW 184 PLEASANT STREET NORTH ANDOVER. MASSACHUSETTS 01848 November 3, 1972 John J. Lyons, Town Clerk Town of North Andover Town Building North Andover, Mass. Res Plan of Land located in North Andover, Mass. belonging to Stevens Pond Estates Dates March 21 , 1972 Scales 111 a loot Surveyors Northern Associates Inc. Dear Sirs Enclosed herewith is a copy of the submission that has been made to the Planning Board. Very truly yours, JJW/agl John J. lis Encl. Form 8] P 4 (1963) North Andover Planning Board NOTICE TOWN CLERK OF SUBMISSION TU PLANNING BOARD OF PLAN DESCRIBED BELOW, BELIEVED NOT TO REQUIRE APPROVAL UNDER THE SUBDIVISION CONTROL LAW Name am and Address of Applicant: Date of Submission of Plan: 43 ' Town Clerk, Town of North Andover Town Office Building North Andover, Massachusetts Dear Sit: t Pursuant to the provisions of G.L. ce 41, ss. 81 P and 81 T, you are hereby notified that the plan described below has this day been submitted to the . North Andover Planning Board for a determination that approval of the same is not required by the subdivision control lawn EXACT TITLE OF PLAN, with date and name of Surveyor: su� It 19"0 nt'"Mr identaf cation '. "0 K an void ooh" Aft "SDA" here" load o oW as tho twobvest tT Door IM4 ISAGent ori. U09 mow am W Uwe EIVED o NOV 31972 1 JOHN J. LY0fjS 8 . ® TO ray "ERK Ae Title reference: North Essex Deeds, Book , page a so NU(t�ANUUVER q,. ti Attorney for Applicant: �oFUao 6D V* ti Very truly yours, Applicant LYNCH AND WILLIS ATTORNEYS-AT-LAW 194 PLEASANT STREET NORTH ANDOVER, MASSACHUSETTS 01049 ' John J Lyons, Town Clerk Mown of North Andover Town Building Main Street North Andover, Mass. JOHN J. LYNCH TELEPHONE 655.3551 JOHN J. WILLIS DOMENIC J. SCALISE LYNCH AND WILLIS ATTORNEYS-AT-LAW 154 PLEASANT STREET - NORTH ANDOVER. MASSACHUSETTS 01845 November 3, 1972 John J. Lyons, Town Clerk Town of North Andover Town Building -orth Andover, Mass. Res Plan of Land located in North Andover, Mass. belonging to Stevens Pond Associates - Vincent B. Landers Dear Sir$ Enclosed herewith is a copy of the submission that has been made to the Planning Board Very truly yours � JJW/agl John J. `Millis Encl. Form 81 s - 4 (1962) North Andover Planning Board NOTICE TO TOWN CLERK OF SUBMISSION,OF PRELIMINARY SUBDIVISION PLAN Name and Address of Applicant: Date of Submission of Plan:' Z' 40 iAydn '+�, Aaeia4aey, mow" Town Clerk, Town of North Andover Town Office Building North Andover, Massachusetts Dear Sir: t! Pursuant to the, provisions of G.Le ce 41, sece 81 S, you are hereby notified that the plan described below has this day been submitted to the North Andover Planning Board and to the North Andover Board of Health'' for tentative approval, with or without modifications. Exact Title ofPlan: or is a*" ft"M. own. tdolow its t�Me SIMM r VIP"" as 'fiiM1ie11lrl Date of Plan: zneer. SNOWS Aeftes"A two Name and Address of Record Owner of Land: Title Reference: North Essex Deeds, Book Page 0 qgj or Certificate of Title No. , RegidtT&tion Boob ,' Page ,,or Other:, Description of" Land "sufficient for identification":� meet ilk A'!S Asiorm toweW by fteraft 'IR!OO #a "W WW%b Ws 90s"d ,3t~ 6% *be : NA1109AW& as 00 'err ' am 'Local area at 11 #as%** ONS or rd n" ,e 15 -o rNro eg ti Attorney for. Applicant: JON J** W"114 o 14 Very truly yyourrs, Applicant LYNCH AND WILLIS, ATTORNEYS-AT-LAW 184 PLEASANT STREET NORTH ANDOVER, MASSACHUSETTS 01848 John J. Lyons, Town Clerk Town of North Andover Town Building Main Street North Andover, Mass. JOHN J. LYNCH Tsupm01m 685.3551 JOHN J. WILLIS DOMENIC J. SCALISE. LYNCH AND WILLIS ATTORNEYS-AT-LAW 154 PLEASANT STREET NORTH ANDOVER. MASSACHUSETTS 01845 November 3, 1972 John J. Lyons, Town Clerk Town of North Andover Town Building North Andover, Mass. Res Plan of Land located in North Andover, Mass. belonging to Stevens Pond Associates - Vincent B. Landers dated March 230 1972, Northern Associates Inc. Dear Sirs Enclosed herewith is a copy of the submission that has been made to the Planning Board. Very truly your t JJW/agl John J. Willis Encl. Form 81 P - 4 (1963) North Andover Planning Board NOTICE TO TOWN CLERK OF SUBMISSION TO PLANNING HOARD OF PLAN DESCRIBED BELOW, BELIEVED NOT TO REQUIRE APPROVAL UNDER THE SUBDIVISION CONTROL LAW Name and Address of Applicant: Date of Submission of Plan: Pinosat Be Loaders ftweisber 3t 197! 40 Court Street Borth Andover, *so* Town Clerk, Town of North Andover Town Office Building North Andover, Massachusetts Dear Sir: Pursuant to the provisions of G.L. c. 41, ss. 81 P and 81 T, you are hereby notified that the plan described below has this day been submitted to the North Andover Planning Board for a determination that approval of the same is not required by the subdivision control law. EXACT TITLE OF PLAN, with date and name of Surveyor: 01 Descri sn a Ort a►99 .]line„ bslon" to March 23, 1972 - Northern Associates Inc. LwA is Borth Andover sounded bar Steven Street on th* Swtheaato Osloot Street on the West# Phillips Court on the Southwest and R;,&� Street on the South consistins of tive (5) "mon with a total area of 31 across plus or sinus. 14 1g 7s , MEN ' q f�10V S 1972 N a JOHN.J. LYONS Title reference: North Essex Deeds, Book 1190, page 503 > 9n NURIK ANDQVW ti Attorney for Applicant: John J. Willis EQ 20 do 2w . --Very truly yours, Applicant LYNCH AND WILLIS ATTORNEYS-AT-LAW 154 PLEASANT STREET NORTH ANDOVER, MASSACHUSETTS 01945 John J. Lyons, Town Clerk Town of North Andover Town Buioding Blain Street North Andover, Mase. -r Form 82 S - 2 (1962) North-Andover P Board lannibg- NOTICE; TO TOWN CLERK OF ACTION OF PLANNING BOARD ON PRELIMINARY SUBDIVISION Name and Address of Applicant: Date of Submission of; Plan: Ne"46W 33s 19" 40 town sul"t gos AldVmr« ldWase MAU ,�.-• �r iJ i s Town Clerk, Town of North Andover.,' , ,y7z o Town Office Building North Andover, Massachusetts �ja1. v . IO Dear Sir: � � AnouM� Pursuant to the provisions of G.Le ca 419 sec. 81 e hereby 1� notified that this Board has, after its study of the plan described below, taken the action thereon described upon the reverse hereof. . Exact Title of Plan: $ A800OLat" Date of Plan: Engineer: T# ►t ,i. I�od+� Name and Address of Record Owner of Land: Title Reference: North Essex Deeds, Book ' Paged or " Certificate of title No. ,Registration Book , \page Other: Description of Land "sufficient for identification": " 00 .$*M*t �`i104%fto U&t St WXe ' 5U '! T111 t 'BU90 rt W ; Attorney for Applicant: l 4 '2� The North Andover Planning Board has tentatively approved said plans without any modifications thereof. f . .. %thellrth Andov Planning Boar. a tentative) said plans�to` owing modifia thereof: 1 r ' The North An ng Board has disap d-eQYd plan, for the re p Very truly yours, NORTH ANDOVER PLANNING BOARD By L Date:. Issubw Ve Al 12 J. Pitluo Ate#. an** Qh"x rat DEC 2$ 1972 JOHN J. LYONS TOM m2ft ftl"uw TOWN CLLR m �o �* Q3 F NORTH ANDD K ti `` VE8 p I 2 02� I lvm Wilk low ftm as wo ado ja► fteftes ttt to to stow4m alu �r I adustesd ft% mlaw yaw WAMat fordoUnwo AnSidoVf ftWM 3% our I amt bo &9W ow IW pw to" VrAw to lo evokoWAss st 00 smaboWa W* ast a ftanw1Ma on mill can! odim emmal mmu 1W to smitment ow vmwmo !t oft M"w fa Sam us evM4to Not M MW to%= ' ~ y4w 1°:9 flop ,r �,z i Form%81 S - 4 (1962) North Andover Plana#g Board-I,% fk', r ,ori NOTICE TO TOWN CLERK OF' ,SUBMISSION OF PRELIMINARY SUBDIVISION FLAN '4+ Name and Address of Applicant: Date of Submission of Plans r T _ s• 14"Swe so! Idol 336A R 16 LLL x tmom RFCENE Town Clerk Town of North Andover '� ' Town Office Building ?.. duU 1 1912 0 North Andover, Massachusetts JOHN J. LYONS o TOWN CLERK , Dear Sir: lir NORTH ANDgKfR �o Pursuant to the provisions of G.L. c. 419 sec. 81 S,, you ar` Bio notified that the plan described 'below has this day been submitted to ;the North Andover Planning Board and to the North Andover Board of Health for tentative approval, with or without modifications. Exact Title of Plan: ftrA A Date of Plan: Engineer: Name and Address of Record Owner, of Land: • w,w Title Reference: North Essex Deeds, Book j, age 443or Certificate of Title- No. , Registraion'Book Page , or Other: Description of Land "sufficient for identification": 59wo" by + ! ' Uotdt !" . h- 7 �F i Attorney for Applicant: v1p, Very trulyypurs t Applicant J i 10 jj r: bRn.►M : 11 •�: ►ass COfCEIVEQ Q icku'•• DEC 26 1972 JOHN J. Lyo TOWN OF NORTH ANDOVER 10 -rQW NS v nc MASSACHUSETTS o NURT�/qry p 4 `o a2 020 c' ZZ l BOARD OF APPEALS December 266 1972 John J. Gaffny Stevens Mill John J. Lyons# Town Clerk Town OfficeBaring North Andover ss. Dear Sir: A public hear was held by the Board of Appeals on October 169 1972 upon applies- tion of JOHN J. 'GAFFNY who requested a Special Permit under Section 4.122; Para. (14) of the Zoning B�-Law so as to permit the conversion of the Stevens Mills buildings to residential uses according to plans submitted, located at the north side of Stevens Street it the corner of Harkaway Road. The following members were present and voting: J. Philip Arsenault, Esq., Chairman; Dr. Eugene A. Beliveau, Clerk; Arthur R. Drummond, Frank Serio, Jr. and Associate Member Louis DiFrusciog who sat in place of regular member Kenneth E. Pickard. The hearing was, advertised in the Lawrence Eagle-Tribune on September 30 and October 7, 1972 and all abutters within 200 feet of the premises were notified by regular mail. On a motion made by Member Frank Serio, seconded by Member Louis DiFruscio, it was voted 4-1 to postpone the hearing until October 24, 1972. The Board viewed the premises on October 21, 1972. The Board of Appeals met again in regard to this petition on October 24s 1972 at the North Andover High School Auditorium; notice of the change in location of the hearing having been published in the Lawrence Nagle-Tribune in accordance with the statute and having been posted at the regular meeting room of the Board of Appeals. The following members were present: J. Philip Arsenault, Esq., Chairman; Dr. Eugene A. Beliveau, Clerk; Arthur R. Drummond, Frank Serio, Jr., Associate Member Louis DiFruscio who sat in place of regular member Kenneth E. Pickard and Associate Member William N. Salemme, who was present but not voting. The petitioner was represented by Atty. John J. Willis, 154 Pleasant Streets North Andover, Mass. He presented Exhibit "A", a copy of the Zoning By-Law of the Town of North Andover. Exhibit "B", The Comprehensive Plans North Andover. Brown Associates, with particular reference to page 25 which states "Consideration should also be given to the residential use conversion of the old Stevens Mill on Pleasant Street in order to prevent a non-conforming industrial use if the property cannot be incorporated into the proposed open space system". Exhibit "C", an editorial appearing in the Lawrence Eagle-Tribune on Fridays October 61 1972. Exhibit "D"s a copy of a letter from the Planning Board of North Andover dated October 5. 1972 advising the Board of John J. Gaffny -2- December 26 , 1972 Appeals to proceed with optimism and caution in the matter of the pending petition. Exhibit "E", a statement from the architect, Mr. R. D. Fanning, stating his approval of recycling 19th century buildings. Exhibit "F", a letter from James D. Landaur Assoc., Inc. in regard to the need for apartments in the area. Exhibit "G", an article appearing in the Lawrence Eagle-Tribune, May 59 1972 discussing Master Plan. Exhibit "H", an article in the Lawrence Eagle-Tribune, April 79 1972 entitled "Mill Buildings have Nb Takers". Exhibit "I", a letter from the Board of Public Works dated September 209 1972 indicating that the Board finds that the water supply, sewerage disposal system in the Harkaway Road, Osgood Streets Stevens Street and Pleasant Street area to be entirely sufficient to support the development. The petitioner argued that all of the requirements of the Zoning By-Law had been met by the application and the plans submitted. He stated that the specific site was appropriate and a desireable area for the development. He stated there are multi-dwellings in the area. The proposed use would not adversely affect the neighborhood. It would remove a non-conforming industrial and convert it to a residential use. The petitioner stated that he had discussed with the police chief with respect to traffic and that the chief said it would be no more or less than when the plant was operating. The petitioner argued that if the industrial use was continued there would be trucks, noise and odors; that if the building was left to decay, it would become an eyesores fire hazard and a hazard to children. He stated that the value of the homes in the area would increase. The site has adequate and appropriate facilities and utilities. That recreation areas would be provided; that the building was sprinkled and that adequate off-street parking was provided. The petitioner stated that there would be a tax benefit to the town as a result of the proposed conversion. He stated that the present school facilities would be adequate for the projected number of children. Donald N. Keirstead, Planning Board member, stated that the Board thought that the conversion was an appropriate use for the building. Joseph Hermann, Assessors stated the assessors would like to see a broadening of the tax base. Fire Chief James P. Daw said that if the entire building is properly sprinkled, it would be satisfactory to the Fire Department. Other speakers favored the petition, stressing need for moderate income housings the historic value of the building and the advantage of keeping the area residential. Atty. Herbert Phillips, 91 main Street, Haverhill, Mass., spoke in opposition. He filed a brief in addition to his oral arguments. After giving a history of the Zoning By-Law of the towns he stressed that North Andover already had a higher per- centage of apartment units than other comparable communities. He stated that the project was inconsistent with the statutory purposes of zoning as provided in Chapter 40A of the General Laws. He stated that the notice requirements of Chapter 40A, Section 17 had been violated. Mr. John J. Roneynes 132 Stevens Street, stated he had not received notice and Mrs. Joan Fiorino, 2W Pleasant Streets stated that she did not receive notice. Atty. Phillips argued that the project violates the height restrictions of thirty-five feet for structuress contained in other parts of the Zoning By�-Law. He stated that the proposal would adversely affect the neighborhood; that a traffic hazard would result. He stressed the fact that the plan Bohn J. Gaffny -3- December 26 , 1972 is not consistent with the stated purposes of the Master Plan and stressed specifically that the Master Plan shows the locus as part of the green belt. He stated that the project would have a severe impact on the school system and would create a traffic and safety problem. He stated that the present industrial use does not have an adverse impact on the school system; that there are other uses for the property. A petition in opposition to the proposal, containing 1165 signatures, was presented by Atty. Phillips, which petition was objected to by Atty. Willis. A number of people spoke in opposition. Raymond Canty, Phillips Court, stated that he was an abutter andsaid that other apartments in town had produced a large number of children. He stated that the new high school was being constructed near the locus which would bring more traffic to the area; that there were no sidewalks in the area. He stated that the close prox- imity of the bodies of water created a safety hazard to children at the locus. He stated that most traffic coming to and from the locus would feed through Stevens Corner, a six corner intersection, and that this area was already a dangerous inter- section with heavy traffic and no sidewalks. Fred Blackstock, 40 Phillips Court, stated that he had worked at Stevens Mill for forty years and lives in the immediate area and that there would be a traffic problem for vehicles and children walking, if the mill was converted. John Ronayne, 132 Stevens Street, questioned whether or not the project was in keeping with the intent and purpose of the Master Plan. He stated that Stevens Street was very narrow and that there were no sidewalks on Stevens Street, Harkaway Road, or Osgood Street. He stated that the project would create an additional need for fire and police protection and other town services. He stated that there were many unanswered questions concerning the financial backing for the project. Both the attorney for the petitioner and the attorney for the respondent then made short statements in rebuttal. Atty. Phillips stated that he objected to opinion evidence or heresay evidence presented to the Board by the petitioner. Associate Member DiFruscio made a motion to take the petition under advisement; Member Serio seconded the motion and the vote was unanimous. The Board of Appeals held its regular meeting on Monday, November 13, 1972 at the Town Office Building meeting room with the following members present: J. Philip Arsenault, Esq., Chairman; Dr, Eugene A. Beliveau, Clerk; Arthur R. Drummond, Frank Serio, Jr., Associate Member Louis DiFruscio who sat in place of regular member Kenneth E. Pickard and Associate Member William N. Salemme being present but not voting. Member DiFruscio motioned to grant the special permit subject to conditions; motion was seconded by Mr. Drummond. The motion was ruled out-of-order by the Chair. The membership appealed the ruling of the Chair and voted 3-2 to allow the Board to act upon the motion as presented. Dr. Beliveau! Mr. Drummond and Mr. DiFruscio voted in favor of overruling the Chair. After discussion, Member DiFruscio added to his motion two additional conditions. After the amendment, Mr. DiFruscio re-stated his motion as follows: Motion to grant the special permit subject to the following conditions: John J. Gaffny -4- December 26 , 1972 1. The number of apartments be reduced to 144 units. 2. That the 144 apartments be eonatructed in Building No. 1, 2 & 3 and that Building No. 4 will be rased. 3. That the apartments contain no more than 2 bedrooms - 70% to contain one bedroom and 30% to contain two bedrooms. 4. That the petitioner will submit a new plot plan showing an area of approximately 4* acres to be combined with the apartment area and be left open and unbuilt upon. 5. That a new floor plan be submitted showing the rediatribution of the apartments. 6. That the entrance to Phillips Court be closed off from Harkaway Road. 7. That there will be no removal of the existing pine trees and there will be no use made of the land on the other side of the trees between the abutters and the trees. Motion was seconded by Mr. Drummond and the Board voted 4-1 in favor of the motion. Dr. Beliveau, Mr. Drummond, Mr. Serio and Mr. DiFruscio voting in favor; Mr. Arsenault opposed. Motionimade and seconded, the meeting was adjourned. On November 299 1972, the petitioner filed a revised plot plan and floor plan for level 1, plan for level 2, plan for level 3, plan for level 4; a revised plan showing parking and a typical floor plan. At a meeting held on December 11, 1972, at which all members were present, the Board discussed the plans and the writing of the decision but no action was taken by the Board at that time. Another meeting was held by the Board on December 199 1972 at 3:00 P.M. in the Town Office Building meeting room; all members were present. Motion was made by Dr. Beliveau to reconsider the decision of the Board; seconded by Mr. Serio and failed its passage by a vote of 3-2. Members Beliveau, Serio and Arsenault voting for reconsideration; members Drummond and DiFruscio voting against reconsideration. The membership then unanimously agreed that some additional conditions should be placed on the granting of the permit and instructed the chairman to prepare a decision including those conditions, namely; S. That the petitioner shall be responsible to maintain all roadways in the project and that said roadways or streets servicing the building shall be maintained as a private way and town acceptance shall not be sought. This maintenance shall include street lighting, plowing, rubbish collections and garbage disposal. 9. That a bond in the amount of $25,000_ be filed with the Town of North Andover for the provision eff the rowam",on areas and recreation facilities as shown on the plan submitted. 10. That the subject permit is issued to the applicant, John J. Gaffnyg and shall not be transferrable or assigned. John J. Gaffny -5- December 26 , 1972 ll. That a fire lane be provided from Stevens Street to the southerly corner of the building. 12. That the building be entirely sprinkled, as stated by the Fire Chef. Member Belivean asked to be recorded to the effect that in his opinion the plans did not comply with the vote of November 13th with respect to the ratio of 70% — one bedroom and 30% - two bedroom apartments. He found the ratio to be 719 and 29%. The meeting was then adjourned. The Board grants the special permit subject to the following conditions 1. The number of apartments be reduced to 144 units. 2. That the 144 apartments be constructed in Building No. 1, 2 & 3 and that Building No. 4 will be razed. 3. That the apartments contain no more than 2 bedrooms — 70% to contain one bedroom and 30% to contain two bedrooms. 4. That the petitioner will submit a new plot plan, showing an area of approximately 4-- acres to be combined with the apartment area and be left open and unbuilt upon. 5. That a new floor plan be submitted showing the redistribution of the apartments. 6. That the entrance to Phillips Court be closed off from Harkaway Road. 7. That there will be no removal of the existing pine trees and there will be no use made of the land on the other side of the trees between the abutters and the trees. 8. That the petitioner shall be responsible to maintain all roadways in the project and that said roadways or streets servicing the building shall be maintained as a private way and town acceptance shall not be sought. This maintenance shall include street lighting, plowing, rubbish collections and garbage disposal. 9. That a bond in the amount of $25,000 be filed with the Town of North Andover for the provision and maintenance of the recreation areas and recreation facilities as shown on the plan submitted. 10. That the subject permit is issued to the applicant, John J. Gaffny, and shall not be transferrable or assigned. U. That a fire lane be provided from Stevens Street to the southerly corner of the building. 12. That the building be entirely sprinkled, as stated by the Fire Chief. The Board finds that the requirements of the North Andover Zoning By—Law under Section 4.122, Paragraph (14), sub—paragraph B. Application, numbers 1 through 11 were in order. Sub—paragraph C. Conditions precedent to granting of permit: No. 1. Land Area — in order. Lot area is in excess of the requirements. No. 2. - Parking — in order; meets all requirements. • Jahn J. Gaffny -6- December 26 , 1972 No. 3. Construction. The proposal contains no major exterior structural changes. No. 4. Design: In order; meets all requirements. No. 5. Sewers: The Board of Public Works stated the facilities are adequate. No. 6. Water: The water supply is available and adequate. Under Section 9.31 - Condition for Approval of Special Permit, the Board finds that in its 3ud8ment all of the following conditions are met: (1) (a) The site would be more appropriate for this type of development than town- houses# which would be an alternative to the development of this area. (b) The use as developed will not adversely affect the neighborhood. (c) There will be no nuisance or serious hazard to vehicles or pedestrians. (d) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Very truly yours, BOARD OF APPEALS . Philip Arsenault, Esq., Chairman r* joRTy'� ,O e� An111.7i+' .se� CHOs tMtt+e TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . December. 26,. .1972. . . . . . . . Petition No.. .l?. . . . . . . . . . . . Date of Hearing. . October. 24.9. 1972 Petition of John J. Gaffrq, Premises affected Stevens,Mill loeatAd. at ,the.north.side. oP Stevens. Street.at. the. corner of Harkaway Revd. Referring to the above petition fora e�uirrements of the . . . . . . . . . . . . . . . . . North Andover. Zoning.By—Late — Section 1#.122; Para. (1.4} so as to permit . . the _conversion.of the 3teevens. Mills.building.to. residq"tial use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . .GUM . . . . the Special Permit . . . . . . . . . . . . . . . . . I . . . . and hereby authorize the Building Insp ector to issue a permit to . . . .John. J... .Gaffny. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: See conditions listed on attached decision. Signed J.. Philip.Arsensultr. Chairesn. . . . . . . . . . . Dr.. BtWne.a.. Beliveaus. Cler3r. . . . . . . . . . . Arthur R. Drt�w�cmd .Frank Seriog Jr. Louis .Dila`rasci®, .ASsocs':ate.Ib®r . . . . . Board of Appeals W '► ., APAI S2 . RECEivEO TOWN OF NORTH ANDOVER SEP 5 1973 y MASSACHUSETTS a JOH14 i. LYONS G TOWN LURK �+ NDRTH ANDOVER b BOARD OF APPEALS [� bZEZ� September 5, 1973 John J. Lyons] Town Clerk Town Office Building North Andoverp Mass. Dear Sir: A public hearing was held by the Board of Appeals on July 309 1973 upon the appeal of ALBERT COATES AND OTHERS v. CHARLES H. FOSTER, BUILDING INSPECTOR, under General Laws, Chapter 40A, Section 13, appealing the issuance of building permit #1737 to Vincent B. Landers for 152 Townhouse units located on Osgood, Pleasant, Stevens Streets and Harkaway Road. The following members were present and voting: Frank Serio, Jr., Chairman; Dr. Eugene A. Beliveau, Clerk; William N. Salemme, Louis DiFruscio and Associate Member James D. Noble, Jr. who sat in place of regular member Arthur R. Drummond. The hearing was advertised in the Lawrence Eagle-Tribune on July 14 & 21, 1973 and i all abutters were duly notified by regular mail. Atty. Herbert Phillips represented the petitioners and gave a number of reasons as to why the building permit should be revoked, mainly because they feel it is a subdivision and as such should came under the controls of the Subdivision Control Law and Subdivision Rules and Regulations of the Town of North Andover. Atty. Charles W. Trombly represented Vincent B. Landers and pointed out several reasons why the development was not a subdivision. Building Inspector Charles H. Foster also pointed out that Mr. Landers met all of the legal requirements of the Town of North', Andover and that the development was not a subdivision because all of the lots had the required frontage and area on public ways or private ways maintained and used by the public. All proceedings and correspondence are a matter of record in the Board of Appeals minutes and files for further reference as to specifics. A special meeting was held on Wednesday evening, August 22, 1973 at which all of the same members were present. At that meeting,correspondence was received from Town Counsel stating that the proposed townhouse development does not constitute a subdivision as defined in G.L. c. 41, S. 81--L. In a letter from the Planning Board, a poll was taken of the members and two felt it was a subdivision; two felt it was not a subdivision and the fifth member was unavailable. A letter was also received from the Building Inspector pointing out the applicable sections of the Zoning By-Law, and the fact that the subdivision requirements under sub-paragraph #7 applied only to R-5 districts and not to this development which is in an R-4 district. Albert, Coates and Others -2. September 5, 1973 Member William N. Salemme made a motion that Building Permit #17371 issu+d June 4, 1973, be REVOKED; Member Louis DiFruscio seconded the motion and the voto was unanimous. ' t 1. Pri.?ding Permit ,#1737 was issued based on a previously approved Subdivision that obtained the minimam required frontage through similar extreme and irregular paths. 2. The following three groupings of townhouse units as shown on the su tted site plan of the Stevens Mill property dated June 4, 1973, are the most flagrt abuses of the wording of the zoning regulations.'' The required frontage of thes� units- is conveniently obtained to purposely avoid the ''Town of North Andorer's Subdivision Control. Laws and that frontage on a public way obtained in this manner does not meet the imp and purpose of the Zoning By-Law* a. Units 51-A through 606A seek frontage on Stevens Street by going out from the front of each unit approximately 25 to 40 feet, then taking an approximate 40 degree anglel' then following a path of at least 280 feet across a pond. b. Units 89-B through 102-A obtain frontage on Osgood,Street by going from the front of the unit approximately 30 to 80 feet, then taking a 45 degree angle, then running from approximately 240 to 680 feet across and in some instances through an existing brook. c. Units 86-A, 87-B and 88--B follow a path that has no less than five different angles to reach frontage on Harkaway Road which is' a minimum_ distance of over 400 feet away. 3. The continuous driveways of this project to gain access from the individual units to an existing public way dos in our opinion, constitute streets and must be con- structed in accordance to town specifications to assure the free access of emergency vehicles, school buses, etc. 4. The sheer size of this development and the obvious effect that it will have on the neighborhood and town warrants the controls that the Subdivision Control Law will provide to protect the health and welfare of the development inhabitants, as well as the best interests of the citizens of North Andover. 5. Therefore, it is the unanimous decision of this Board that this does constitute a subdivision and should properly be before the Planning Board of North Andover. Very truly yours, Frank Serio, Jr., i o m l�tiV ® s� Chairman FS,Jr./ad o S Awa ffi qD F© ZQ 4Z £LZ ''ot"'q� 2 13 1 • o. . r 10 4 .F. Av.ar*+ �a� O r is $•. 1855 • °�! p0 �� S • 0 '•�:����' 5 1973 TOWN OF NORTH ANDOVER SPS�'�V4t�s MASSACHUSETTS s SOSK 'D 3�'ANpaVER on► o� �ugZN �b BOARD OF APPEALS to bz F- NOTICE OF DECISION Date . .September. 5 s. ?9.73. . . .. . . Petition No.. 19..*?3. . . . . . . . . . . . . . Date of Hearing. . .July. 3Pt .1973. . Petition of AlbertCoates & Others v. Charles. H. .Fosteri, ,Building.Inspector . , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . F4rmer. Stevens.Mill, property -.0sgoodr Pleasant .Stevens .Streets and HarkmW Road. Referring lto the above petition r�rrequirements of the . . . . . . . . . . . . . . . . . General Laws] Chapter $OA9 Section 13 . . . . . . . . . . . . 1 . . . . . . . la 51 1P pill a Appealing the issuance of bailding.perpit . ,.1737 .t4.� � .$�. . . Landers for 152 Townhouse uaLts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . R© . . . the Building 'Permit #1737 Signed Frank .Seriol_ Dr.. .A. William N, Salemme '.Tsui$ WFruscio James D. Noblep dr.! Associate N ber Board of Appeals Y►aL1,ii OR'�'R�'`a 73=;�,cAA�Gt TOWN OF NORTH ANDOVER j DEC I 1973 MASSACHUSETTS a JOHN J. LYONS r' TOWN CLERK of d WURT_y_ANOUVER BOARD OF APPEALS ' �•�,a2 �a ,a �� December 19, 1973 John J. Lyons, Town; Clerk Town Office Building North Andover, Mass, Dear Sir: The Board of Appeals met on December 10, 1973 upon a request to review amended plans for 120 townhouses on the Stevens Mill property, along with other conditions of a compromise between all parties concerned. Atty. Charles W. Trosbly and Atty. Herbert Phillips both explained to the Board that if the Board agreed with the Consent Decree, this would then resolve all pending court cases. The following members were present and voting: Frank Serio, Jr., Chairman; Dr. Eugene A. Beliveau, Clerk; William N. Salemme, Louis DiFrascio and Associate Member James D. Moble, Jr. The Board reviewed the matter. Member DiFrascio made a motion that Town: Counsel be and is hereby instructed to execute the consent decree on be- half of the Zoning Board of Appeals in Superior Court in Equity No, 21067, Associate Member Noble seconded the motion and the vote was 4-19 with Member Salemme voting no. Attached hereto is the form of consent decree and a copy of the conditions of compromise between the parties concerned. very truly yours, BOARD OF APPEALS t Frank Serio, Jr., Chairman AD Enc. i December 10,, 1473 `j That till. ' .wk,n Counsel be and is hereby instructed to execute t1w -onse-nt O�oc (,(. wi behalf of the Zoning Board of Appeals in Supeiit) ('wirt in Equily No. 21067. �•Ult+t a Frank Serio, Jr.0, Cheiram - North Aadorer Hoard of Appeals I r 40 �I COMMONWEAil7'ii OP' MASSACHUSF.`1"1'3 GSSEX� SS. !TfPER1OR COURT IN EQUITY NO. 2106'7 VINCENT B. LANDERS , ET AL. VS - it FRANK SERIO, JR. , ET ALS . ;l I{ FINAL DECREE �I This cause came on be heard , and -it apperuing that fl the i),irties have hereunto consented , it .i c therefore hereby I Ordered , Adjudg,.,d and L-�r-r.eed : 1. 1'i,at the Building Per lit No. 1737 is umc'nded and ji hence valid to permit no more t}ian 120 townPouse �i dwelling units on th.r� lot shrny,n - n:; the - plan attache „ � hereto , marked "A" , it. being undc . ... �ood :-ind agreed I, j� that lot lines and dr.iVeway locations are only IIS approximate and are subject- ' o such ch<<nqs as may !� be required by government it auth.;r ti :; , not {I hermit : - -- - - � panties , so as to allow the onstructio: u- :'uid lzO townhouse dwelling i r.i.t�: in ccrripliance U. t:i all c.npli cable f I) federal , state and local laws , ana ,.c suc.. ..hanges which occur during construction which do-nntl sub- stantially change the intent a, d d-Sigrn o said I Il plan "A". 1i �t II ^1- 2. That the buildings and accessory uses to be con- ` structed pur'suant to Building Permit No. 1737 and , the use thereof shall be governed by the zoning i by-law in effect on March 27 , 1972. 3. That the Respondent; Building Inspector for the Town of North Andover shall forthwith issue any and all }. a.; necessary permits to allow the demolition of the ,y "Stevens Mill Buildings", so called. A, 1� 4. That when demolition of mill buildings numbered 1, 2 and 3 and shown on the plan attached hereto begins construction may be commenced on not more than 10 townhouse units under said building Permit No. 1737. ii�f When fifty percent of the demolition of said build 11 ings 1 , 2 and 3 is completed construction of an : i lll� additional forty townhouse units may be commenced under said building Permit No. 1737. However , no residential occupancy shall be permitted until the mill buildings numbered 1 , 2 and 3 on said plan a-re f completely razed. : Said demolition shall commence I within six months after the issuance of all inecessary permits and shall continue in a reasonable manner until complete. 5. That the Petitioners , their heirs , successors or ' assigns shall not offer the "driveways" shown on ` said plan "A" to the Town Meeting for acceptance as w L; ;4 public ways and shall not request or require � ,Y ;F 2 ' '0 municipal maintenance, snow removal , trash collection , or garbage collection upon said driveways for a period of not less than 99 years. 6. That the Petitioners shall grant to the Town of North Andover all their right title and interest to control the water lock on said premises and an l+ easement for accessthereto , as shown on the deed of easement attached hereto, marked "B". II 7. That the Petitioners shall. not obstruct the area i ji shown on said plan "A" as "Accessway No. l" and that II the Petitioners , their heirs , successors or assigns ` shall not claim such "Accessway No. 1" as frontage as �i that term is used in the zoning by law of .the Town of North Andover. i 8. That the Petitioners shall grant to the respective i owners of Lots A - F, inclusive , shown on said plan ji "A" certain drainage easements in the form attached II hereto , marked "C". 9. That the Petitioners shall grant a perpetual easement i to pass and repass on foot and by vehicle over and across the area shown on said plan "A" as "Accessway No. 2" in the form attached hereto , marked "D". l j 10. That the Petitioners shall not locate any buildings , , j nor permit any parking-in the area shown as ."Buffer Zone"' on said plan "A" and shall leave said area in , its natural state subject to' reasonable grading , land scaping and installation of underground utilities. ,x I� .j ,� e L J `1 s e 11. That the petitzae ,js Ce file hydrants i within the dx S by °Petitioners shown ,on said ' plan in such `iiti � �n�f+ ...,such locations as i « be designated, b pr'opor authority of the Town of Wt North Andover._ _ 12. All parties hereto 04`Ont' y of said, decree by the Court waive all srights' of, appeal. �� ti J. J .,y. Dagostine and Kadison by Attorneys for the Petitioners'-;.- , ' Attorney of Zoning Board o Appeals and Building Inspector ' ; Attorney for intervenors and abbuttors fi> ,4 . 3 � y.,tai,i : ea �'�,•. 1835 ,' i �qCH i15 f� r ff TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS December 13, 1973 John J. Lyonsp Town Clerk Town Office Building North Andover, Mass. Dear Sir: The Board of Appeals met on Monday evening, Dec. 10, 1973 in the Town Office Building meeting room. The following members were present and voting: Frank Serio, Jr., Chairman; Dr. Eugene A. Beliveau, William N. Salemme, Louis DiFruscio and Associate Member James D. Noble, Jr. John J. Gaffny presented a request to the Board to extend the Special Permit to convert to apartments, the Stevens Mill property, for one year from the issuance of a building permit. Since a compromise had been reached by all parties concerned, and the pending court cases will be resolved by the compromise, the Board voted unanimusly not to renew the special permit. Notion was made by Dr. Beliveau and Mr. Noble seconded the motion not to renew the special permit; the vote was unanimous. Very truly yours, BOARD OF APPEALS n Frank Serio, Jr., y Chairman AD 10' 11 12 2°iso �z Ea z'2\� i r LAW OFFICES KAMOSIAN, ALLISON and PHILLIPS Area Cod* 617 372.7758 PAUL KAZAROSIAN 5 4 6 M A I N S T R E E T THOMAS S. ALLISON, JR. HAVERHILL, MASSACHUSETTS 01830 HERBERT P. PHILLIPS October 15, 1973 Mr. John J. Lyons Town Clerk Town Office Building . kNorth Andover, Massachusetts I Re: Albert Coates, et als vs. Town of North Andover y. Planning Board ¢, Dear Mr. Lyons : Pursuant to Massachusetts General Laws Chapter 41, Section 81BB, notice is hereby given that on October 15, 1973, a Bill of Complaint, as evidenced by copy attached hereto, was filed with the Essex Superior Court, appealing from a decision'of the y North Andover Planning Board filed with you on October 1, 1973, i which decision determined that a certain plan of Charles W. Trombley, Sr, did not constitute a subdivision. V ery truly yours, KAZAROSIAN, ALLISON,&, PHILIiIPS By k Herbert P. Phillips r I, John J. Lyons, Town Clerk for the Tawe of North Andover have received this 15th day of October, 1973, a copy of this L letter and copy of the Bill of Complaint attached thereto, and I kL affix my signature hereto as an acknowledgement and receipt of the said documents. �a s 16 Town o docx By J hn n Clerk..ru ; HPP:md sp�� ��E�" sEncls . i 14 15 LYOiVS � r�3 czwaOLERK T8 OF MSSACMEZTTS si' �iUR ANDOVER n Z zsszx, b 0 EQ ZO SUPERIOR COURT �� IN EQUITY ALBERT C(ATZS, nEDERICX Z, JO ACISTOCK, GILDA wacxsT=x, PAynow CAVITY, BEATRIcs CAN' . COLIN ELLIOT, DOIROTW ELLUM, =Rhwnu ELLIOT, WILLIAA McXntll m, rLoR=cx MoXINNon, joux DONOVAN and ANNETTE Mang, Petitioners Vs. WILLIAM CHfiPUL38, DONALD XIERBMD* ion XOMIROV PAUL R. LAMPREY and nITZ OST113RR, JR., AS TORY ARE MBMBBRS Or THE MANKIND WARD FOR THE TOM OF NORTH ANDOM, 998EX COU V, JwMCff=TT8 and, CHARLES W, TROM1WLI4Y,$R«, Respondents BILL OF C ,? ApLA.XT TO THE HONORABLE TRE JUSTICBS OF TRA SUPIRIOR COURTS Petitioners i 'the provisions of Msssadbusetts General Lags Chapter 41, Section 81ss, and rrspsetfully represent as f0llcyws a 11 The names and addresses of your Petitioners are as f011oast Albert Coates, S6 Phillips Court. Horth Andover, Must Frederick Be SlackstoCk, 38 Phillips court, North Andover, Masi Gild& Blackstock, 38 Phillips Court, North Andover, Masai Raymond +Canty, 46 Phillips Court, North Andover, Massy Beatrice: Canty. 461 Phillips Court, North Andover. Masai Colina Elliot, 42 Phillips Court, North Andover, Mass Dorothy Elliot, 42 Phillips Court, KAZAROSIAN ALLISON PHILLIPS ATTORNEYS AT LAW GI MERRI"*CK STREET HAVERHILL• MASS. J s �RECEtVER f'm T'Z6 1973 JOIiN J CYAN TowN o S North Andover, Kasai Geraldine $lliot, 107 Cotuit tiz Andover, Masai William McKinnon, 44 Phillips Court, z clot Mass; Florence McKinnon, 44 Phillips Court, North Andover, Mesar John Donovan, 23 Phillips court, North Andover, Masai and Annette McHale, 251 Pleasant Street, North Andover, Mass. Said Petitioners shall be collectively referred to hereinafter an "Petitioners. ,' 2. The names and addresses of your Respondents are: William Chapuiis, 1018 Osgood Street, North Andover, Manor Donald Kierstead, Old village Lane, Horth Andover, Massr John Monteiro, 1110 Salem Street, North Andover, Kunst Paul R. Lamprey, 17 Phillips Court, North Andover, Mass. and Frits Ostherr, Jr., 386 cheat Pond Road, Horth Andover, Mass. Said Respondents shall be collectively referred to hereinafter as "Respondent Planning Soard. " 3. Respondent Charles W. Trombley, Sr., hereinafter re- ferred to as "Respondent Trombley," resides at 858 Great Pond. Road,, North Andover, Maass, and is the awner of land situated on or about Stevens Street, North Andover,; Mass„ consisting of approximately 21.72 acres, said land having been purchased on May 298 1973 from one Vincent a. Landers and as evidenced by a i deed recorded at Rssex North District Registry of Deeds, Rook 1220, Pages 6, 70 8 and 9. Said Stevene street property shall be KAZAROSIAN hereinafter referred to as the "locus in issue." ALLISON PHILLIPS ATTORNEYS AT LAW .2- 91 MERRIMACK 6TREET HAVERHILL. MASS. A ,2 13 14 15 , s RECEIVED 4. For all purposes of this proceeding, ®Ora 7 G TOWNCLERK Andover has adopted the Subdivision control Law o General Laws chapter 41, Section 81K to 610%, and ru regulations thereunder have been published pursuant thereto. ' 5. on or about September 14, 1973, Respondent Troebley filed with Respondent Planning Hoards a "Plan of Land in North` ` Andover, Mass. Scale l" = 40 ft. , 5-31-73, Northern Associates, Inc. , 38 Prospect St., Lawrence, Hass. " hereinafter referred to as the "Plan." Said Respondent Trombley requested that said Respondent Planning Hoard determine that, with respect to said Plan, which contained a division of land into 133 lots, approval under North Andover Subdivision control Law was not required because the division of land thereon was not a subdivision. 6. on or about September 34, 1973s Petitioners and their authorised counsel (Aerbart P. Phillips. Ssq., 546 Main Street, Haverhill, Massachusetts) attended a meeting of the Respondent Planning Board, at which meeting a long and detailed discussion was held with respect to Respondent Trombley•s request as stated in Paragraph 5 above, petitioners are, and they so stated at the meeting, landowners in the Town of North Andover, Massachusetts closely situated to and/or abutting the locus in issue, Petition- ers are directly affected by any development on the locus in issue. At said meeting, Petitioners presented substantial arguments, KAZAROSIAN ALLISON & .3- PHILLIPS ATTORNEYS AT LAW. H MERRIMACK STREET HAVERHILL, MASS. 1 ca ��t ? j 4 OCT 161973 Q� JOHN J. LYONS o sown CLERK Anonv � facts and law to reflect that the Plan of Respondent sl . dividing said locus into 151 lots, was a gilb.Qvipoa (emphasis added) and therefore, in conclusion, - Petitioners requested the Respondent Planning Boar* +,.* decide against Respondent Trodaley's request and rule that said plan was a "subdivision,a 7. in a decision dated September 28, 1973 and filed an the Town Clerk's office on October 1, .3,973, Respondent Planning Soard determined that "said Plan does net require approval endear the Subdivision Control Law •**," S. Said plan of Respondent Trembley and the division of the locus into 152 lots, does, as, a matter of law and fact, constitute a "subdivision" under the applicable ordinances, laws, rules and regulationa of the Town of North Andover and Cowmon- ealth of massaahusetts. Said lots further do not front on public ways. 9. Respondent planning Board in its decision., exceeded its uthority and made s decision that was arbitrary and unreasonable, 10. Petitioners have no other remedy at law and have suffered irreparable damages. 11. Petitioners are aggrieved by this decision. NHERSBIORS petitioners prays 1. That an order of notice issue to all Respondent, namely, William Chepulis, Donald Kierstee►d, John Nontsiro, Paul R. Unprey. KAZAROSIv N tits Ostherr, Jr. and Charles w. Trembley, Sr. APHILLIPS TTORNEYS AT LAW w4- 91 MERRIMACK STREET HAVERHILL. MASS. JOHN J. LYON TOWN CLERK .:' 5� NUR AND 1�VER w ; 2. That a speedy completion of pleadings be offs � a2 o zu �0 3. That the Court hear all pertinent evidence and determine the facts. 4. That the Court determine that Respondent planning Board's decision exceededits authority and was in error' in that the plan for the locus in issue did constitute a "subdivision. 5. That the division of the locus be adjudged and determined to be a "subdivision" as that term is defined in Massachusetts General Laws. Chapter M to 81 gt3. 6. And for such other and further relief as the Court may deem necessary and as justice may require, either by virtue of this Court's general equity jurisprudence and/or Chapter 410 - ' Section 81BB, ALBERT CORTES, FREDERICK 2. NOCK, GILDA BLACRSTOCK, RRUOND CAMO, BRNTRICB CRUTY, COLIH ELLIOT, DOROTHY ELLIOT. mahmnm ELLIOT, wILLEAM MCKINNONs FLORENCE MCKXMON, JOHN DONOVAN and ANNETTE MREILE, Petitioners BY THEIR ATTORESYs Xh2hROSIAN, ALLISON & PHILLIPS By Herbert P. Phillips KAZAROSIAN ALLISON PHILLIPS ATTORNEYS AT LAW 91 MERRIMACK STREET HAVERHILL, MASS.'. POW A t APPLICATION FOR ENNT Og PLAN BELIEVED WT TO REQUIRE APPROVAL 30tuwbar lir , 19 ... To Pl The arming Board of the Town of North Andover: The undersigned wishes to record the accompanying plan and requests a determina— tion by said Board that approval by it under the Subdivision Control Law is not required. The undersigned believes that such approval isnot required for the following reasons: 1. The division of land shown on the accompanying plan is not a subdivision because every lot shown thereon has the amount of frontage required by the North Andover Zoning By—Law and is on a public wayp namely, Mg Mlw . OaSuod Streato Pleasant Strout and Barkarq ft0a private way, namely, , being land bounded as follows: Bwmded ty MM me wtrawU as Abrn 2. Title reference: North Essex Deeds, Book two, Page ; or Certificate of Title No. , Regist a ion Book , page ; or Other: Received by T � � Applie ' signature Az- Date; ^� 1°� N Applicant's address Time; S 5N'� ti �� Signature. e s. go so as s Owner's signature and address if not the ATTEST : applicant: Notice to APPLICANT/TOWN CLERK of Action of Planning Board on Accompanying Plan. 1. The North Andover Planning Board has determined that said plan does not require approval under the subdivision control lax# and the appropriate endorsement has been made upon the same. 2. The North Andover Planning Board has determined that said plan shown a subdivisions as defined by G.L. c. 41t a. 81-L, and must therefore be re-submitted to it for approval under the subdivision control lax. Very truly yourst NORTH ANDOM PLANNING BOARD By Dates D'AGOSTINE & KADISON ATTORNEYS AT LAW 268 Main Street Acton, Massachusetts 01720 JULIAN J. D'AGOSTINE Telephone: CHARLES G. KADISON. JR. Acton 263.7777 LOUIS N. LEVINE Boston 259-9590 JOHN W. LYNCH of Counsel cable Address "DALYW' September 18, 1973 , Z 13 14 1S asp Rec�nrE[l Mr.: Jbihn J. Lyons, Town Clerk ® SEP 18 3973 N Town Office Building t• JOHN J. LYONS North Andover, Massachusetts ® TOWN CLERK f' �s NORTN ANDOVER titi RE: Vincent B. Landers et al Vs. Frank Serio, Jr. , et als Essex Superior Court in Equity sp a Lu Dear Mr. Lyons: Pursuant to Massachusetts General Laws, Chapter 40A, Section 21, notice is hereby given that on September 18, 1973, we filed with the Essex Superior Court a Bill in Equity appealing from the decision of the Board of Appeals of the Town of North Andover, filed with you on September 5, 1973, in the matter of the issuance of a building permit to Vincent B. Landers for property described in building permit 1737. A copy of the Bill and attached Exhibits are enclosed herewith. Very truly yours, D 'AGOSTINE & KADISON Bya� Louis N. Levine LNL:ghw Enclosures I, JOHN J. LYONS, Town Clerk of the Town of North Andover, have received on this /?j/, day of September, 1973, a copy of this letter and a copy of the Bill of Complaint to which a certified copy of the decision appealed from has been attached, referred to therein, and I fix my signature hereto as an acknowledgement and a receipt of the said documents . N FN Y 5 T wn wn h Andover COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT EQUITY NO. t VINCENT B. LANDERS t E AND CHARLES W. TROMBLEY, , SR. PETITIONERS vs. FRANK SERIO, JR. 250 HILLSIDE ROAD , NORTH ANDOVER, MASSACHUSETTS WILLIAM N. SALEMME 22 YOUNG ROAD NORTH ANDOVER, MASSACHUSETTS DR. EUGENE BELIVEAU 328 MAIN STREET NORTH ANDOVER, MASSACHUSETTS LOUIS DiFRUSCIO 63 AUTRA.N AVENUE NORTH ANDOVER, MASSACHUSETTS JAMES D. NOBLE, JR. 11 EDMANDS ROAD NORTH ANDOVER, MASSACHUSETTS ARTHUR R. DRUMMOND 38 JOHNSON STREET NORTH ANDOVER, MASSACHUSETTS AS THEY ARE MEMBERS OF THE BOARD OF APPEALS FOR THE TOWN OF NORTH ANDOVER, ESSEX COUNTY, MASSACHUSETTS AND CHARLES H. FOSTER 70 PARKER STREET NORTH ANDOVER, MASSACHUSETTS AS HE IS THE BUILDING INSPECTOR FOR THE TOWN OF NORTH ANDOVER, ESSEX COUNTY, MASSACHUSETTS AND ; 1 ; ALBERT COATES 56 PHILLIPS COURT A NORTH ANDOVER, MASSACHUSETTS I AND f FREDERIC E. BLACKSTOCK 38 PHILLIPS COURT j NORTH ANDOVER, MASSACHUSETTS a.' AND f GILDA BLACKSTOCK 38 PHILLIPS COURT NORTH ANDOVER, MASSACHUSETTS AND RAYMOND CANTY 46 PHILLIPS COURT NORTH ANDOVER, MASSACHUSETTS i AND I BEATRICE CANTY 46 PHILLIPS COURT NORTH ANDOVER, MASSACHUSETTS AND i COLIN ELLIOT 42 PHILLIPS COURT NORTH ANDOVER, MASSACHUSETTS AND DOROTHY ELLIOT 42 PHILLIPS COURT NORTH ANDOVER, MASSACHUSETTS AND GERA,LDINE ELLIOT 107 COTUIT STREET - NORTH ANDOVER AND 2 i WILLIAM MCKINNON 44 PHILLIPS COURT - NORTH ANDOVER, MASSACHUSETTS AND ! FLORENCE McKINNON 44 PHILLIPS COURT I NORTH ANDOVER, MASSACHUSETTS AND ! JOHN DONOVAN i' 23 PHILLIPS COURT NORTH ANDOVER, MASSACHUSETTS AND i } ANNETTE McHALE j 251 PLEASANT STREET' NORTH ANDOVER, MASSACHUSETTS ; RESPONDENTS a BILL OF COMPLAINT � The petitioners invoke the provisions of Massachusetts ` General Laws, Chapter 40A, Section 21, and respectfully represent as follows:• t 1. That the petitioner, Vincent B. Landers, hereinafter referred to as "Landers, " resides at 30 School Street, North Andover, Essex County, Massachusetts. 2 . That the petitioner, Charles W. Trombley, Sr. , hereinafter referred to as "Trombley, " resides at 858 Great Pond Road, North Andover, Essex County, Massachusetts. 3 . That Landers on June 4, 1973, made application for and did all things necessary :to obtain a building permit for the construction - 3 - 1 of one hundred fifty-two (152) residential units to be located on property fronting on Osgood Street, Pleasant Street, Stevens ,Street and Harkaway Road, North Andover, Essex County, Massachusett's , ' i hereinafter referred to as "locus . " A copy of said application _ is attached to the end of this bill and marked "A" and incorporated ;> by reference herein and made a part hereof. ' C: 4. That the locus on the date of the aforesaid application a Tor a building permit, marked "A; was owned by Landers, _Landers i ;having acquired title to locus on or about April . 3, 1972, by a deed i ,duly recorded in Essex North District Deeds Book 1190, page 503. I ; 5. That the respondent, Charles H. Foster, hereinafter re l �ferred to as "Foster, " at all times material and relevant to this matter, was the building inspector for the flown of North Andover } and as such was responsible for and charged with the review and I } issuance or denial of building permits after proper application. 6. That Foster, as building inspector for the Town of North Andover, having reviewed the application for a building permit, ; . I marked "A; and after said review did issue a building permit, being number 1737.. for the construction described therein on June 4, 1973, and evidenced his approval of ,the issuance of ,said f building permit by endorsement of the ;aforesaid application, ,marked "A° i 7. That Trombley on June 5, 1973, did purchase the locus from Landers, the duly executed deed transferring title of the locus from Landers to Trombley being recorded in Essex North District Deeds Book 1220 , page 6 . - 4 - I: 8. That the respondents, Albert Coates, Frederic E. ' Blackstock, Gilda Blackstock, Raymond Canty, Beatrice Canty, Colin , i i Elliot, Dorothy Elliot, Geraldine Elliot, William McKinnon, Florence McKinnon, John Donovan and Annette McHale, filed a notice of appE91 with the Town Clerk of the Town of North Andover, contest ing the validity of the aforesaid issuance of the building permit to Landers and requesting that the Board of Appeals of the Town of North Andover review the issuance of said building permit "pursuant I to Massachusetts General Laws, Chapter 40A, and the zoning .iordinances of the Town of North Andover. " � ,i 9. That Frank Serio, Jr. , William N. Salemme, Dr. Eugene ? Beliveau, Louis DiFruscio, James D. Noble, Jr.`, and Arthur R. ;Drummond, at all times material and relevant to this matter, con ' stituted the Board of Appeals of the Town of North Andover, here- i � inafter referred to as "Board of Appeals. " 10. That pursuant to the aforesaid notice of appeal, the Board of Appeals, after notice was duly given by mail and publica- , tion made in accordance with law, held a public hearing in the Town q Building of the Town of North Andover on July 30, 1973, and at the conclusion of said hearing, the Board of Appeals took the matter j under advisement. 11. That a decision was rendered by the Board of Appeals r verrulina th issuance of the building erinit 1737 at a special 0 ., � g P � 'meeting of the Board of Appeals held on August 22, 1973, which notice of said decision, together with the decision was recorded with the Town Clerk of the Town of North Andover on September 5, 1973 A copy of said notice of decision is attached to the end of 5 _ this bill and marked "B" and incorporated by reference herein and !'made a part hereof. A certified copy of said decision is attached ;'to the end of this bill and marked "C" and incorporated by refer- i 3ence herein and made a part hereof. 12. That the Board of Appeals in paragraphs 1 and 2 (page 2) 'hof their decision, marked "C, ,stated that the issuance of buildings o spermit 1737 was improper as "Building Permit' #17.37 was issued ' ;;based on a previously approved subdivision that obtained the I ,:m.inimum required frontage through similar extreme and irregular i ; -,paths" and that such frontage " . . .are the most flagrant_ abuses of i ; the wording of the zoning regulations. " The Board of Appeals i 'further stated in said paragraphs of the decision, marked "C," ;;that " [t]he required frontage of these units is conveniently obtained. to purposely avoid the Town of, North Andover' s Subdivision Control Laws and that frontage on a public way [emphasis added] I `'obtained in this manner does not meet the intent and purpose of ,,the Zoninq By-Law. " The Board of Appeals gave specific examples sin the aforesaid paragraphs of its decision wherein they pointed %,out these alleged violations. 13. That the building lots referred to in building permit 1737 meet all the applicable requirements of the zoning by-law I. of the Town of North Andover for'-the construction of townhouse ! units in an R-4 zone which the locus is in; and that the frontage jor each and every lot upon which a townhouse unit was authorized ,:to be constructed under building permit 1737 contained at least ,',the minimum required frontage for such a lot in an R-4 zone; and i i, _ 6 _ that it is irrelevant and immaterial how said frontage is obtained; k there being no requirements in the applicable zoning by-law of the ; i Town of North Andover restricting in any manner the way frontage ` may be obtained. t 14 . That as a matter of law each and every lot covered by 1 ; building permit 1737 has the sufficient frontage as that term is ` . used under the applicable zoning by-law of the Town of North Andover. 1 15. That the Board of Appeals in paragraphs 3 and 4 (page 2) 1 k , of its decision was of the opinion that the " .. .continuous 6 ! driveways of this project to gain access from the individual , units to an existing public way do, in our opinion, constitute , ' streets and must be constructed in accordance to town specifica- ;' tions . . . " and that this construction " . . .warrants the controls t that the Subdivision Control Law will provide to protect the health and welfare of the development inhabitants, as well as the G best interests of the citizens of North Andover. " 1. 16 . That the Town Counsel for the Town of North Andover, at the request of the Board of Appeals and prior to the Board of Appeals ' rendering its decision in this matter, by a letter dated August 20, 1973 , was of the opinion that the proposed. townhouse development governed by building permit 1737 ;did not constitute a subdivision under the subdivision control law. A copy , . of said letter is attached to the end of this bill and marked "D" and incorporated by reference herein and made a part hereof. 7 _ i i `i 17. That the construction covered by building permit 1737 t , does not create a subdivision as that term is used and defined by ,,Massachusetts General Laws, Chapter 41, Section 81L; and that the o,regulation and control under the subdivision control law, Massachu4 i ; setts General Laws, Chapter 41, Sections 81K through 81GG, is "!limited to those divisions of land which are subdivisions as � ';therein defined; and thatas all the proposed frontage as agreed I to by the Board of Appeals in its decision, marked "C, " are on I existing public ways and the proposed driveways are constructed ! :thereon only for the purposes of access within said lots and are ; not used to meet the frontage on a public way requirements neces- `Isary for the creation of newly created lots, such construction of ; driveways and creation of lots, with frontage on existing public ;;ways is not governed by the subdivision control laid, Massachusetts General Laws, Chapter 41, Sections 81K through 81GG and the rules I i and regulations incorporated therein. 18. That as a matter of law the lots for which construction i of townhouses are authorized on by building permit 1737 do not create a subdivision as that term is used in Massachusetts General Law, Chapter 41, Section 81L. f 19. That theBoardof Appeals exceeded its authority, was i -'arbitrary and unreasonable in revoking building permit 1737, and it was an error as a matter of law and fact in its conclusions is that the required frontages on a public way ,were arrived at lip- properly mproperly and that the construction of driveways to service town- house units covered by, building permit 1737 created a subdivision. 8 I AND THEREFORE the petitioners , Landers and Trombley, being aggrieved by said decision of the Board of Appeals _appeal to the Superior Court in Equity as provided by Massachusetts General Laws, Chapter 40A, Section 21. WHEREFORE, the petitioners pray is s ,s 1. That the Court hear all pertinent evidence and determine i the facts. i 2. That the Court determine that the Board of Appeals' { ;; revocation of building permit 1737 exceeded the authority of said ; Board of Appeals. a � E� 3. That the Building Inspector for the Town of North ; Andover be ordered to issue a building permit for the same ! construction as described in building permit 1737. it 4. That the division of the locus as described in building ; permit 1737 be adjudged and determined not to be a subdivision j ! as that term is defined in Massachusetts General Laws, Chapter 41, E ( Section 81L. 5. And for such other and further relief as the Court may i e i deem necessary and as justice may require. D'AGOST & ISON By: . Julia J. D A stxne + B Louis N. Levine i 9. E f i Apt,up tas ruR PCftl„fT W ntlll.0 --- h0:3tSk. j(,I OVU, MASS l4AP NO � ” LOT NC � & 4 on Plan A577 12 RCCORD OR Q1NiraER"4IP JDDATL'�� c, ..I IV. lOY NO '_' .. — --- — h-- 20NC R SUq Ll _• ,} No .. EsSax Rog . of Deedo 4-3-72� 1190 L.00AI: r, /ZeJ_.� fa�.gyQf T�� L;�1^1� � � — a \0 Qz.ry{Ond#.t...i.GC�,san^Z-w5 �?jj 1.�""^'SLOP W"LOING RC'$identia r '.t incent A handers--_ � ., .. t� k - - �. - - owNcrl'B NA t 1 c3Y c1 �d15; OF STORIES 2 612E 152 Units,• I' L l, .�0 0 ft,,is OLIN t:;-'L ADOR ES3 3O SC.ILOOL $t 11TQ ♦ BASE 14ENT OR SLAB - _ Andover C batzPment +. ARCHITECT'S NAME Alla C a man & JSOC SIZE OF FLOOR TIMBERS 1S7 2ND P f y q�. ,y�nc . 2xll DUILDCR'S NAMEiIi, ajL"fi"7_l.. .y,}' rl,,..,4p ei r.•i O�..�. .i.•�ppN-_=7t»�_.-�._. .... .._ .,.-.-.-..-..r,.,, OLSTANCC TO NEAREST BUILDING h�L - •- .•.-�_ �L�"I'ft , ! DIMENSIONS OF SILLS D15 TANCE FROM STRCET30 feet F05T5 _•- - - —• -'"-'�'-"` i ;. DI�TANC.0 FF{UM LU7 LINCu SIDES 3Q. ft �., • .HEAR 3❑ f t• utucRs J ARCA OF LO 21 .72 acres FRONTAf E HEIGHT OF FOUNDATION I .. a THICKNESS 4, 723+ 8 0 10 � lS F)UILDING NCW i.�$ SIZE OF FOOTING 10" X 18ti I$_RUILDING ADDITION -Np y -_-`- MAT MAL OF CHIMNEY --_~- IS IIUI LDING ALTERATION No _-T - �_. -IS BUILDING ON SOLID OR FILLED LAND Q S WILL BUILDING CONFORM TO RCOUIRCMENTS OF CODE Yes IS BUILDING CONNECTED TO TOWN WATER YES OOA RD OF APPEALS ACTION, IF ANY No IS BUILDING CONNECTED TO TOWN SEWER Yes 7S 13UILDING CONNECTED TO NATURAL GAS LINE No ' -- INSTRUCTIONS —�+ Y� 3 PROPERTY INFORMATION a LAND COST SEE BOTH SIDES EST. BLDG. cosi - b� PAGE f FILL OUT SECTIONS t 1 EST, SLOG. COOT PEH ILO, t t PAGE 2 FILL OUT SECTIONS 1 • 12 EST, BLDG. COOT P[R It00 RS 7 SEPTIC PERMIT NO, LLCCTR(C METERS MUST BE ON OUTSIDE OF BUILDING 4 APPROVED BY J' ATTA(Z:HCO GARAGES MUST CONFORM TO STATE FIRE RCGULATION9 - t• PLANS MUST DE FILCD AND APPROVED BYBUILDING INSPECTOR DATE FILCD Monday, June_ 4, 1973 Vincent 13 . Landers BOARD ox ,I ,asY» CY f,NATV RE OF OWNER GR AUTHGRIZEO AGENT J- - F- - �; .. --._ PLANNING COAAL) PCIIb1IT GRANTCO j.. � EXHIBIT A a x; tVA10 o ti r ail r�""fir 'o o. TOWN OF NORTH ANDOVER I S�j' �OD MASSACHUSETTS � O BOARD OF APPEALS 2 - NOTICE OF DECISION Date . September 5, 1973, . . . . . Petition No.. .19-173 Date of Hearing July 30, ,1973. Petition of Albert Coates & Others v. Charles H. Foster, Buil , . . Premises affected Former. Stevens.Mill property --Osgood,- Pleasant, Stevens Streets and Harkaway Road. Referring to the above petition �rrequirements of the General Lags, Chapter 40A9 Section 13 Appealing the issuance of building permit No. 173.7 to,Vinc,ent .$. . . Landers for 152 Townhouse units After a public hearing given on the above date, the Board of Appeals voted to REVOKE the Building Permit #1737 IRS Signed Frank Serio, Jr., Chairman Dr. Eugene A. Beliveau., Clerk William N. Salemme Louis DiFruscio James D. Noble, Jr., Associate Member Board of Appeals EXHIBIT B ,t dr '• APMY" ! :ass a TOWN OF NORTH ANDOVER '�° SEP 5 1973 MASSACHUSETTS c JOHN K LYONS 4 _ c TOWN CMK e �e+ NORTH ANDOVER BOARD OF APPEALS o 10bzEat September 5, 1973 John J. Lyons, Town Clerk Town Office Building North Andover, Mass. Dear Sir: A public hearing was held by the Board of Appeals on July 309 1973 upon the appeal of ALBERT; COATES AND OTHERS v. CHARLES H. FOSTER, BUILDING INSPBCTQR, under General Laws, Chapter 4OA, Section 139 appealing the issuance of building permit #1737 to Vincent B. Landers for 152 Townhouse units leeated an Osgood, Pleasant, Stevens Streets and Harkaway Road. The following members were present and voting: Frank Serio, Jr.t Chairman; Dr. Eugene A. Belivesu; Clerk; William N. Sale mme, Louis DiFruscio and Associate Member James D. Noble, Jr. who sat in place of regular member Arthur R. Drummond. i The hearing was advertised in the Lawrence Bagle-Tributie on July 14 & 21, 1973 and all abutters were duly notified by regular mail. Atty. Herbert Phillips represented the petitioners and gave a number of reasons as to why the building permit should be revoked, mainly because they feel it is a subdivision and as such should come under the controls of the Subdivision Control Law and Subdivision Rules and Regulations of ths'Town of North Andover. Atty. Charles W. Trombly represented Vincent B. Landers and pointed out several reasons why the development was not a subdivision. Building Inspector Charles H. Foster also pointed out that Mr. Landers met all of the legal requirements of the Town of North Andover and that the development was not a subdivision because all of the lots had the required frontage and area on public ways or private ways maintained and used by the public. All proceedings and correspondence are a matter of record in the Board of Appeals minutes and files for further reference as to specifics. A special meeting was held on Wednesday evening, August 22, 1973 at which all of the same members were present. At that meeting, correspondence was received from Town Counsel stating that the proposed townhouse development does not constitute a subdivision as defined in G.L. c. 41, S. 81-L. In a letter from the Planning Board, a 'poll was taken of the members and two felt it was a subdivision; two felt it was not a subdivision and the fifth member was unavailable. A letter was also received from the Building Inspector pointing out the applicable sections of the Zoning By-Law, and the fact that the subdivision requirements under sub-paragraph 97 applied only to R-5 districts and not to this development which is in an R-4 district. EXHIBIT C Albert Coates and Others -2- September 5, 1973 Member William N. 5alemme made s motion that Building Permit #1737, issued June 49 IQ710 be RWOKEDr H'pmher ?ouis DiFruscio seconded the motion and the vote was 1. nii.;inq ne.., ,+ 417"" eos issued based on a previously approved Subdivision that nhtnined +he m=nimum ^—il red frontage through similar extreme and irregular natha. 2. Th- fn11c=..41r, - +h rn Tinos of townhouse units as shown on the submitted site nlar. �• hp ' + nrr b'; n..Prty dated June 4, 1973, are the most flagrant abuses of *.ha wnr ii n r +>,= r ,,: n., regulations. The required frontage of these units-is comren=prt,1.T -•i,+ ;�� + r +r N(N=sly avoid the `Town of North Andover's Subdivision ' 1W , >nrt +rI + "nr+sop on e' public way obtained in this manner does not ma^+ +,ha 1r+Rn+ in-i .,,,,rnca of the Zoning Bye-Law. �(LA =eek frontage on Stevens Street by going out from the ?ront pa^h init approximately 25 to 40 feet, then taking an iP, IParee angle, then following a path of at least 280 feet 102 A obtain frontage on Osgood Street by going from nni.+ approximately 30 to 80 feet, then taking a 45 degree ^ nrinr from approximately 240 to 680 feet across and in some r* + �r,•r �� »h an P risting brook. and RP-P follow a path that has no less than five different ahnlp to -apfih +rnrntAge on Harkaway Road which is a minimum distance of nrtin-1- tr4 •aw%1!-9 of this project to gain access from the individual units Un an ax- a+ i_-;� ;t.� wn-> �n, in our opinion, constitute streets and mist be (%on- +,,• + - +n -nrr+ ^-•n t,, +--w specifications to assure the free access of emergency gyp},{n'tr onf,n •.� 4.,,+.¢pqr a+`.' c. 0 nF, 4 n4 , -.p�.rpl ntx..en+ and the obvious effect thwt it w+.11 have on ".P; rhe � + +n,.r, wnr^antc +he controls that the Subdivi*ion Control Law ? ? nrn•rir4 •- +p .+ +FA hpalth and welfare of the development, inhabitants, as ;,t.11 �Ic +hp F^ t" of t,i,A citizens of North. Andover. . 5. Th-refore, innririous de-inion of this Board that. this Ines constit.11te A -111,d1•,H qi nn ' r-1 ,.',n., , i ^ro >prl v he before the Planning; 904ri of !Porth Andover. Very truly yours, rex _ Frank Serio, Jr., R► / Chairman A true espy e - TTEST: . .r 9A�tj� �l.: •-.. EJI� i t� ONk NYOt�� tC,Za�: NO., Air DOVE9; MASS: (1tt34$ y ARNOLD H. SALISBURY, TOWN COUNSEL. i TOWN OF NORTH ANDOVER, MASSACHUSETTS CeNTRAL HUILDIN(f NIUaDOCK 3.2731 + cF Ar.: 'r V iii AppeaIs T FIZZ 3 «'1' 10 . �G�'3"as r:- Ga d At �sa7 1'3. C3 i- t�S�w_ S •.^ia 3i:ti yaJ �i�.,). ...s:...3.�. .`sv.'�.iY,a�...'�°:....�'� '�4•� !S !"..ti.°t�' i,t8.:33 "a $o-c=.3... - -rig$ :.ii.cz 03tb-tj317.::1{c;3 L;,~:a...y "'b,` $?.� i.rf:�l Jiu iwr�a c'..If 'v7 iccl 1 •...wa ;�vr�.a"i�3a.4�. S��'�'tli6'• iSp Ci C':L-ma—j, Fla La Cad.1, 81 L., 1'4a1 ch 1'.'^i% �� �' `r iii s'i 3�7 -+t37Z?Y•�z„]. iilai" ittFi iSSv v7 C� : �3��;� _:GJ3 : that 7y�;s'r.:i�.' ,i 'J♦ iJ .Pmrif 01 4'.��.tj i$T'>•i o yfi(° • -�.s waCiv w'�d�:a2 • i.J� Li '«�IH•:33�}i.�i� s; �, � �- *JD5 i'ni'a7>oava#dp ^:�`.+ - `s8 Um i', n I'3 S:i .�'►S �.L...""f 13i C/i -,liv3 'bo C:Erd `v''£ iFvaeasa v' .3 it pUbifC a i�J1...?..•1ysuch t3 �.. i f�tla S'.i�i�• Ti' l !il tii�.-."i+�u`f,y+tl ii� i '�;vt v�. lid l"g a:l l.4.,au� i..•..+'.�ia s. �.� G v,:� a1: s,��$$w:� a�9 3`rt a4:�, sn :i�� ,'^^��i'+��• we 3 EXHIBIT D 4 ' 4 �R} Form P1 P - 4 (1963) North Andover Planning Hoard NOTICE TO TOWN CLERK OF SUBMISSION TO PLANNING BOARD OF PLAN DESCRIBED BELOW, BELIEVED NOT TO REQUIRE APPROVAL UNDER THE SUBDIVISION CONTROL LAW Name and Address of Applicant: Date of Submission of Plan: vialewd B. L.snderie "d September 14. 19" Cts I*s VV . Trembly*Sr. a#a Harold Nlorlsy.Jr..Esq. 5 go y suft E314go-. LAWFUR92 &W Town Clerk, Town of North Andover Town Office Building North Andover, Massachusetts Dear Sir: Pursuant to the provisions of G.L. ce 41, ss. 81 P and 81 T. you are hereby notified that the plan described below has this day been submitted to the North Andover Planning Board for a determination that approval of the same is not required by the subdivision control law. EXACT TITLE OF PLAN, with date and name of Surveyor: Ulan of Land In North Aaderer. Uses, Scales 1" ■ 40° M31. 117£3to� De r4$ii �ss.I And- f i� +a [ 4" Y'ljj� Rrset. 1AWr*ft**M $ft"ns Mill Complex bounded by Sterefte Street. (sem stream Harkaway Road* y trs4 and various owners. A p S f r .14 1973 JOHN J, LYONS o LQWVY ,CLERK 4QRIt! AMDDVER pa 2 MQ i T T Z �Q en o � Title reference: North Essex Deeds, Book , page Uc"* I ISO Fade 503 Attorney for Applicant: 121!0 OSMId le XtApLplican—tZ— , Oversized Maps on file with the Town