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Home My WebLink AboutBURKE, ROBERT' f t LAW OFFICES 451 Andover Street North Andover,Massachusetts 01845 RUSSELL R. KARL (617) 688.6941 687-7565 682-9223 August 28, 1974 Town Clerk Town Hall North Andover, Mass. 01845 Dear Sir: Enclosed please find a copy of an Appeal which I have this date file in Superior Court. Very I'ruly VUYS, ,� 1 o RECENfD Victor L. Hatem o AUG 29,1974 VLH:jl JOHN J. CYONS E R r ow n(ct.� . Enc. �Q !o PNRN ANOWER �`z Z� COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT NO. ROBERT J. BURKE and ) FRANKLIN S. DAVIS ) 1 p Plaintiffs YWI� RICE OEU V. ) COMPLAINT � Fa rW PAUL R. LAMPREY, FRITZ OSTHERR, JR. , ) J. (' WILLIAM CHEPULIS, JR. , JOHN J. MONTERO) ® IbWN Gam, and ROBERT J. SALEMME ; �, Ahpaypg6 �w Defendants Z� 4Z 02 1. The Plaintiffs say that they filed request for an a plan under the provisions of Massachusetts General Laws Ch. 41, Sec. 81p to be endorsed "Approval under the Subdivision Control Law Not Required", such request an- nexed hereto as Exhibit A. 2. The Defendants, as Members of the Planning Board for the Town of North Andover, after hearing, and contrary to the law, determined that the plan requires submission and approval of said plan according to the provi- sions of the Subdivision Control Law. WHEREFORE, the Plaintiff pray that this Honorable Court: 1. Determine and adjudge that such plan should be endorsed "Approval under the Subdivision Control Law Not Required". 2. Grant such other and further relief as to this Honorable Court seems meet and proper. By Their Attorney, Victor L. Hatem, Esq. 451 Andover Street No. Andover, Mass. 01845 (617) 685-3368 August 28, 1974 FORM A APPLICATION FOR ENDORSEM M OF PLAN BELIEVED NOT TO REQUIRE APPROVAL August 5, 1974 To The Planning Board of the Tom 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 is not 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 Bye-Law and is on a public wayp namelyg or a private wart namely, �tntt tz g being land bounded as follows: Westerly by Cotuit stmt 574.19 fest - thence �X an are on Cotuit and Leyden Streets - 43.12 feet: Northerly by Leyden Street 291.60 feet - Masterly by land of 8werts and Rolde - Mftfdmftmft in 3 courses 173.58 feet; 21.71 feet and 128.70 root; ana southerly by p!FM . 2. Title reference: North Essex Deedeg Book __,9 Page 121 ; or Certificate of Title No. q Registration Book • page ; or Other: Received by Tot'sa i tore l;EIVE� Date: "'� Applicant's address c% VictorL. Mates Time; 1974 451-Andover Ste _ ti No. AndoV er. Imus. y, TCLVN CLERK V Signature. o� Owner's signature a r s if, no the s $ applicants 9� Notice to APPLICANT/TOHN CLERK of Action of Planning Board on Accompanying Plan. 1. T Nort or Pl has de that said d ' r re a royal r the divisi e 1 lax the 1 a prints s t has made the ame 2. The North Andover Planning Board has determined that said plan ohms a subdivision, as defined by G.L. c. 41, a. 81-L, and must therefore be re-submitted to it for approval under the subdivision control lax. v� vs ori io very truly y°urs t � qU� FORTH ANDOVER PLANING BOARD 61 p 7 0 9T4 H BY e Fz2� tz oz e`e Dates I o rm 81 P - 2 (1963) North Andover Planning Board +I' i } NOTICE TO TOWN CLERK OF ACTION OF PLANNING BOARD ON PLAN DESCRIBED BELOW 44000 Name and Address of Applicant: Date of Submission of Plan: 14 Chis RUd N/ns%w 33 l ,3 141$ 167 Town Clerk, Town of North Andover o�1 RECE VER Town Office Building t N®V 30 1972 0' North Andover, Massachusetts o JOHN J, LYONS Dear Sir: o� TOWN CLERK q,N s - NDRTH ANDOVER 0 We forward to you herewith the original and new copy 3o Eo ZO 14 described below, heretofore submitted to this Board under GoL. co 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: Pte'a at Land- in lP*rth AWWwor,, fto* s by UbWt ,is 206100 3"U, 11""40 a, da14 Ang. 19"; ?*W* 13. GaUffl ils, s Description of land "sufficient for identification": a so taian pars" of lei mad aad deswiWA as fou"si 1twtberly - 291.60 foots w 3an by L*"*a Strom; Easterly • 302*58 58 fistr W U" by land new sr toady sd 3warts and isl"l S*Utbarly .. 319000 f"S MWO or 100 by ftid0ring RUA; and Masterly 574019 f"%& Mrs or &W by 40tidt ssroese Containing 3 013 awes at land vw low* Title reference: North Essex Deeds, Book , Page o Attorney for Applicant: The action taken by this Board upon said plan is indicated upon the reverse hereof. C (1) The North Andover Planning Board has determined that said pian does not require approval under the subdivision control law, and the appropriate endorsement has been made upon the saga (2) The North Andover Planning Board has determined that said plan shows a subdivision, as defined by G.L. ce 41, se 81 L, and must therefore be re-submitted to it for approval under the subdivision control law. (3) The North Andover Planning Board has determined to take no action upon said plan. Very truly yours, NORTH ANDOVER PLANNING BOARD By ��iifi� i Date:— l 2 Z porm 81 P - 2 (1963) North Andover Planning Board NOTICE TO TOWN CLERK OF ACTION OF PLANNING BOARD ON PLAN DESCRIBED BELOW v Na%"direwo Applicant: Date of Submission of Plan: ft1+Wrift-Rftd 130 3 ►j NOVU A144yrr, Hese. Town Clerk, Town of North Andover „h ; NOV 3®'92 c- Town Office Building JOHN I LYONS y North Andover, Massachusetts T01N11 GLj( ° NURTH APIOdW Dear Sir: the original and new co of the �0 Fo zo We forward to you herewith a or g PY P described below, heretofore submitted to this Board under G.L. ce 41, se 81 P, which you may deliver, upon request, to the applicant above named. EXACT TITLE OF PLAN, with date and name of Surveyor: Pun at Laxw to Dearth "Wi r, Truss. ploWl by Itj. 8441e lHM60#0 Date Av*♦ 3.M;` Vftsk Ca 461tWo, aw"VW, Description of land "sufficient for identification": Northrrly w 1,295.34 tt,. ; a m* ear t�r�,eh Ewalt` and new er Vi s- at i ie Yate N$rth*a"Ur IY► - 213.541fte, Wow law by Und aw or leeetr Ir $wearts 4 IiUe; S, Orly - 1 439.14 ft., an or low by $atvit stet crust UTA R rrarrioas arra Northwesterly .. 179.46 fte, owis eW low by UNd nwa or ta"rlT or Csrel Title efce6:.3 or "ssse°x *e aJsj 4= Page e Attorney for Applicant: The action taken by this Board upon said plan is indicated upon the reverse hereof. (1) The North Andover Planning Board has determined that said pian does not require approval under the subdivision control law, and the appropriate endorsement has been made upon the same. (2) The North Andover Planning Board has determined that said plan shows a subdivision, as ed by L. c. 41, s , ani m„a+ ibeze fore be re-s ed to it for ap rov der the subdivision control law. (3) The North Andover nq rd has d terminedte-tSke no on r^ said pl . Very truly yours, NORTH ANDOVER PLANNING BOARD J BY v J Date:— FORMA APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL So * 19' 4 To The Planning Hoard of the Town of North Andover: The undersigned rushes 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 is not required for the following reasons: 1. The division of land shown on the accompanying plan is not a subdivision because every lot shorn thereon has the amount of frontage required by the North Andover Zoning Byb.L w and is on a public wags namely, or a private wayp name]yg ®.r.... ■...�. t being land bounded as follows: Westerly by taatrriN Stsrrt s74.1' NaMlt - ftIt as age em Cotvit a:rt LO deb Suets - 41*U feat: *Wtherxy by W rya Sol,** weft + Tarte rly by Lot eta sseess ams 1Noise + is 1 esomms 171.is fattt non test am mova fiets Y . 2. Title reference: North Essex Deedsp Book _ as 9 Page ,L&j.; or Certificate of Title No, 9 Registration Book , page.; or Other: Received by Town Clerk: l tune gj y i Date: Applicant's address s vleter L. ltatiam Time. Y 451. AssowMr 914 • MI , j 1 rr , ,�1i4'1JN Jul :d Si tore. t NOW aVVv_r€i �� Omer's signature aan if n0 the e� applicants_, e Q �do zia r 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 law, and the appropriate endorsement has been made upon the same. 2. The North Andover Planning Board has determined that said plan shows a subdivision, as defined by G.L. c. 41, s. 81-L, and must therefore be re-submitted to it for approval under the subdivision control law. IVery truly yours, NORTH ANDOVER PLANNING BOARD BY Date: FORM A 1 APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO RMQUIRE APPROVAL max 1 To The Planning Board of the Town of North Andover: The undersigned wishes to record the accompanying plan and requests a determine• tion by said Board that approval by it under the Subdivision Control Law is not repaired. The undersigned believes that such approval is not 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 7 d bx�th North Andover Zoning By—Law and is on a public way, namely, , being land bounded as follows: ",:rvvov U Sal =. �,sf 1-awl C bw 1 to 2. Iu-siva) an Izvot, all aa o,x1a an 14 2. Title reference: North Essex Deeds, Book , Page ; or Certificate of Title No. , Registration Book , page ; or Other: Received by Town Clerk: App c 's Bigt `` t" q; +' 1314 15 Date: ° Ap cant's as 44 tTlzgr_r alt. EIV_ Time: " Signature: JOHN I LynhisN s > " CLERK Owner's signature and address if not the f NURTM Arlofj rER Ij applicant: FO ZO"1092, , 1 Notice to APPLICANT/TOWN CLM 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 1=9 and the appropriate endorsement has been made upon the save. 2. The North Andover Planning Board has determined that said plan shmis a subdivisions as defined by G.L. c. 419 e. 81-Lg and must therefore be re-submitted to it for approval under the subdivision control law, very truly yours# NORTH ANDOVER PLANNING BOARD BY Date: Form 81 P - 4 (1963) North Andover Planning Board NOTICE TO TOWN CLERK OF SUBMISSION TO PLANNING BOARD OF PLAN DESCRIED BELOW, BELIEVED NOT TO REQUIRE APPROVAL UNDER THE SUBDIVISION CONTROL LAW Name and Address of Applicant: Date of Submission of Plan: 14 Ch pals �� Town Clerk, Town of North Andover :'< Town Office Building fir. North Andover, Massachusetts Dear Sir: Y w= J0'rltV J. �. T9iJil iCkkijl( � Pursuant to the provisions of G.L. c. 41, ss. 81 P and 8 \ `, W VER hereby notified that the plan described below has this day been submit 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: De�ati� '0 �linf +eni �litit • swmw 60*r%"n PM1 of UNd M 40004AMW W fAUMM I NSMOKY "1*60 tWto SWt V ' 1494ft Ste# SMWMWIY 313.00 f0tv SWO Ow ISM bY 1 td em )*,Is t at owe W Title reference: North Essex Deeds, Book , page Attorney for Applicant: Ve=' ; Applicant Form 81 P - 4 (1963) North Andover Planning Board 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: Rovwt 14 o br no A1AW#Q## • v Town Clerk, Town of North AndoverC o Town Office Building North Andover, Massachusettsn� �N Dear Sir: 0�,�,�� $ w a �o Pursuant to the provisions of G.L. c< 41, ss. 81 P a � 2 hereby notified that the plan described below has this day been submt .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: P1W at tam U mit �y * womf am" �► aftwo 410 r De i o'F"1t5z t £ fd ca on, 1t bl�!►1 r * 1 2", #'i. on* "a 1 ral # Title reference: No , Book , page o Very t ' ppli t COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT NO. ROBERT J. BURKE and FRANKLIN S. DAVIS Plaintiffs 'r V. j COMPLAINT PAUL R. LAMPREY, FRITZ OSTHERR, JR. , ) ;� WILLIAM CHEPULIS, JR. , JOHN J. MONTERO) ® TOWN CL K and ROBERT J. SALEMME } R1H DOVE$ Defendants `b 1. The Plaintiffs say that they filed request for an a plan under the provisions of Massachusetts General Laws Ch. 41, Sec. 81p to be endorsed "Approval under the Subdivision Control Law Not Required", such request an- nexed hereto as Exhibit A. 2. The Defendants, as Members of the Planning Board for the Town of North Andover, after hearing, and contrary to the law, determined that the plan requires submission and approval of said plan according to the provi- sions of the Subdivision Control Law. WHEREFORE, the Plaintiff pray that this Honorable Court: 1. Determine and adjudge that such plan should be endorsed "Approval under the Subdivision Control Law Not Required". 2. Grant such other and further relief as to this Honorable Court seems meet and proper. By Their Attorney, Victor L. Hatem, Esq. 451 Andover Street No. Andover, Mass. 01845 (617) 685-3368 August 28, 1974 FORM A APPLICATIOY FOR ENDORSEMENT OF PLAN BELIEVED N(Yr Thy REQUIRE APPROVAL August 5, 1974 To The Planning 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 is not 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—Lax and is on a public wayp namely, or a private ways namely, cotui_ tstreet, being land bounded as follows: Westerly by Cotuit street 574 19 feet - thence by an arc on Cotuit and Leyden Streets - 47012 feet; Northerly b Le den Street 291.60 feet- Easterly by land of Swartz and Rolde - 29ftAfa x9m in 3 courses 173.58 feet; 21.71 feet and 128.7 feet; and Southerly by Parcel A 255. feet. 2. Title reference: North Essex Deeds, Book 60 , Page 121 ; or Certificate of Title No. Registration Book page.; or Other: Received b T t�n�° a � '> . A})plicant's IIsi ture y /: � - 3 Eranklin_S.-,Dais c/o Victor L. Hatem Date: VE c!++^ Applicant's iaddress Time: --� 3'Jr�r: J. Lf,�,., �ro ani A„amrPN St- Mass. No Andover, Signature: Owner's signature and address if- not the applicant: 7 fes k-', .�, 2 I, + i Notice to APPLICANT/TOWN CLERK of Action of Planning Board on Accompanying Plan. 1. The No h Andover Hoard a determine hal said pl doe t r qui appy al under th subdi' cion control awe d he ap priat ' an rsemen has en mad® upo the sam 2. The North Andover Planning Board has determined that said plan shows a subdivision, as defined by G.L. c. 41, s. 81�1,9 and must therefore be resubmitted to it for approval under the subdivision control law. Very truly yours .r NORTH A1+IDCJV1 P i BOARD By Date: 1 Oversized Maps on file with the Town P�AHn1�G DOADD TOWN OF NORTH ANDOVER MASSACHUSETTS y„a•� tyORTy� is less ;,• 14arch 8, 1956 John J. Lyons, Town Clerk Toi:,rn Building North Andover, Mass., Dear Sir: After a duly advertised Public Hearing held on Thursday evening February 23, 1056, the Planning Board of North Andover unanimously ZrOTED action be deferred on the petition of Robert J. Burke, for a proposed amendment of the Zoning By-Laws of the Town to permit the change in classification of a parcel of land from General Residential to B,isiness. Description and boundaries of the above mentioned property were published i.n t1le Evening Tribune on February 9 and February 16, 1956. All abbutters vere notified of the Dearing and also of the decision of the Board, AK members of the Loard were present and voted on the above petition. In as much as final determination has not been made as yet as to the location of new business areas, if any, it is recommended that action on this petition be deferred until completion of the revised Zoning Lir Laws. Sincerely PLANNING BOARD OF NORMi ANDOVER Nicholas F. Nicetta, Chairman Howard Gilman, Secretary Ralph E. Finck John Osgood James Bannan B W111 HUI TOWN OF NORTH ANDOVER MASSACHUSETTS �aNpRTy� 3M%l��OxtuR}r CHUB June 219 1956 John J. Lyons, Towle Clerk Town Building North Andover, Massachusetts Dear Sir.- The irsThe Planning Board by a majority vote recommends unfavorable action on the Petition of Robert J. Burke for reclassification of a pare of land from General Residential to Business for the following reassess: • The topography shape of parcel and area of parcel would make difficulties for the shopping center style of development proposed by the petitioner, particularly if the major shopping entrance be from Chickering Fload The alternate access is available only by the accepted pamtion of Caftit, Street, residentially developed and extending 160 feet northwesterly from the intersection of Andover, Peters Streets and Chickering Read. Sincerely, PLANING BOARD 0�H ANDOVER Nicholas F, eetta, Chairman John Osgood, Secretary Ralph E. Finck,, Esquire Howard L. Gilman James Bannan Oversized Maps on file with the Town