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HomeMy WebLinkAboutFARNUM, BENJAMIN r NORT '. Any appeal shall be filed 6`0 ry within (20) days after the a KKR ri OVE,R4;s.1$S5 fi�1 date of filing of this Notice yin FEB �� 1165 QM e8Z } •r,.�,. Clerk. e Office of the Town TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . . .February 17 , 1962 Petition No.. . 2. . .-. . .8 2. . . . . . . . . . . Date of Hearing. Ja . . . . .nua . . .ry 11 , 1962 Petition of . . Benj am i n Far num . . . . . . . . . . . . . . . I . . . . . . . . . . . . . Premises affected . Land on the West side of Boston . St. . a.nd. .kno.�r!n. .as. _Bos.ton Hi l l Referring to the above petition an . e.x t e n s i.o n of a Spe.cia.l . Fermit. .an.d . a. .name . .chan.ce. .fr.om. .HIT—to—Benjamin. .Farnum . • . so as to permit . . a. chanoe . i.n. . the use of- communication • aqutpment located on the hi l ] . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . D.E 11 Y. . . the extension and name change . _ � xaX� ]€ilE�( Bxillc>;i34�( f6t16�(xd(xtYd(l4 �e`fJli1•'tXtYiX . . . . . . . . . . . . . . . . . . . . x fax Xkfx omstnomom4C��C X�4 JP7P3l�E)�A� X # I XfR� 3PR'S�i 'R'R Signed Frank .Se.rio., . .J.r . .,. . Ch.air.man. Ri.cha.r.d. A .. .Tre.pan.i e.r., . Esq, , . Cl.e.rk William J . . .S.u.1.lJ.y.an, , , . . , _ _ Au.gusti ne _ W.., . NJck,er•s,on Raymond. A. Viv.enz.i. o.,. Es.q . . . Board of Appeals Received by Town Clerk : FORM A rA� 2..� EOOENDORSEMENT EAN BELIEVEDNOTTOREQUIREAPPROVAL I May 1 19 87 To the Planning Board of the Town of North Andoveri The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law isnot required. The undersigned believes that such approval is not .required for the following reasons : I. The division of land shown on the accompanying plan is not a sub- division because every lot shown thereon has the amount of frontyge required by the North Andover Zoning Byi Law and is on a public way , namely , Salem Turnpike & Brook Stregtor a private way, namely , being land bounded as follows : Northerly by: Other land of Farnum Easterly by: Land of Harold Whipple Southerly by: Salem Turnpike r Westerly By: Brook Street 2. The division of land shown on the accompanying plan is not a sub- division for the following reasons : All lots conform to the Zoning By-Law and Subdivision Regulations._____ r 1612 204 3. Title reference North Essex Deeds , Book 23g Page -497 or 1177 148 Certificate of Title No. Registration Book Page Applicant 's Signature : is signatu Fns-address if not t e ptic Applicant 's Address : 397d'rr+� Received by Sown Clerk : yE0 '��ctr rows tD{N , NoRry cv q 4VE FSB R 88. Notice to APPLICANT/TOWN CLEW 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 Laws and the appropriate endorsement has been made upon the same . 2. The North Andover Planning Board hast determined that said plan shows a subdivisions as defined by G.L . c . 41 , S . 81-Ls and must therefore be re-submitted to it for approval under the Subdivision Control Law . Very truly yours . NORTH ANDOVER PLANNING BOARD r 7,0 B ' Date : � � I OFFICES OF: Town of 121)Nl�lill SIT (It Ni)i 0 1 Ai idover, APPEALS NORTH ANDOVER BU11JANG it 14-b9i-i"144n CONSERVATION DIVISION OF (61 7)687,1l HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, D11 1ECCOIL GET 10i J34 NU STANDARD FORM AGREEMENT TO EXTEND TIME REQUIRED TO TAKE ACTION ON A DEFINITIVE SUBDIVISION PLAN 1 . On an application was received by the North Andover Plannin Board ( the Board ) , submitted by IC"4 a &4,ft44Wt_ f 0 r a Def i n i t i v Subdivision under Massachusetts General Law (MGL ) , Chapter 41 , Section 81U. Z. The Public Hearing for said application was closed an by the Board . 3 . Pursuant to MGL, Chapter 41 , Section BlUp the PDaT-d and the Applicant hereby mutually agree that the time within which the Board shall take action on said %roki application is hereby extended to end on /'r A311rl910 and the action taken on said application issued by the Board at any time on or before shall be one which complies with the time-period requiremeiits? of MGL Chapter 41 , Section 81U, for the Planning Board to take final action on a Definitive Subdivision Plan' Signed as a sealed instrument this of For e th Andov Planning Board For B Ti y t h-.-Ando h a i r m a n �Ie Tj' N (geOR-6 IF, 1P6P_k)A , C. Filed with Town Clerk : 1 40 LAW OFFICES OF REGINALD L. MAROEN, P.C. 23 CENTRAL STREET ANDOVER, MASSACHUSETTS O1eIO I REGINALD L_ MARDEN (MASS. N.H. & ME.) TEL! (500) 470-0477 GEORGE A, RAND FAX L506) 475-4644 DAVID J, BEGLEY VINCENT W. YOUMATZ (MASS. & N.H_) RICHARD J. BOUDREAU DEBORAH LOVETT DYER September 26, 1990 Mr. Daniel Long, Town Clerk North Andover Town Hall North Andover, MA 01845 Re: Farnum v. Perna, et als . Dear Mr. Long, Pursuant to M.G.L. Chapter 41, Section 81BB, I am hereby giving notice of an appeal of the Planning Board's decision dated August 28, 1990 regarding the Brookview Estates subdivision. A copy of the Complaint is enclosed herewith. Very truly yours, Law Offices of Reginald L. Marden, ;:P.C.; Geor$e Enclosure RLM/js rn cc -o I: '•Ti•.n e~" c,n c� Commonwealth of Massachusetts Essex, ss . Superior Court Department. Civil Action No. Benjamin Farnum, Plaintiff COMPLAINT PURSUANT TO M.G.L. V. CHAPTER 41, SECTION 81BB - APPEAL OF PLANNING BOARD George Perna, Jr. , John DECISION Simons, John Draper, Joseph Mahoney, and Robert Ercolini, As They Are Members of The Town of North Andover Planning Board, Defendants 1 . The Plaintiff, Benjamin Farnum, is an adult individual residing at 397 Farnum Street, North Andover, Massachusetts . 2 . The Defendant George Perna, Jr. , is the Chairman of the North Andover Planning Board and resides at 285 Farnum Street, North Andover, Massachusetts . 3 . The Defendant John Simons, is a member of the North Andover Planning Board and resides at 25 Ironwood Road, North Andover, Massachusetts . 4 . The Defendant John Draper, is a member of the North Andover Planning Board and resides at 250 Johnson Street, North Andover, Massachusetts . 5 . The Defendant Joseph Mahoney, is a member of the North Andover Planning Board and resides at 24 Millpond, North Andover, Massachusetts . 6 . The Defendant Robert Ercolini, is member of the North Andover Planning Board and resides at 195 Bridlepath Road, North Andover, Massachusetts . 7 . On November 25, 1987 , the Plaintiff duly filed with the Planning Board of North Andover (hereinafter "Board) , an application and definitive plan for subdivision approval for the project know; as Brookview Estates in North Andover, Massachusetts . 8 . After public hearing, F- d several extensions granted 'Che Board by the Plaintiff, the Board failed to take final action on the plan within the prescribed time set forth in the Plaintiff ' s final extension to January 31 , 1990 and the plan was thereby constructively approved, pursuant to M.G.L. Chapter 41; Section 81 U, as of February 1, 1990 . 9 . No appeal was taken within twenty (20) days of the constructive approval of the plan. 10 . On or about February 15, 1990, the Planning Board gave and published a legal notice of public hearing stating that on March 81 1990, the Board would hold a hearing on the Board's own I application "to amend, modify or rescind a constructive approval of a definitive subdivision approval" of the Brookview Estates definitive plan. 11 . The Board, prior to publishing the legal notice, did not file an application or motion as required by M.G.L. Chapter 41, Section U and Chapter 41, Section 81W. 12 . The Board failed to file a notice of extension in the office of the Town Clerk as required by M.G.L. Chapter 41, Section 81U, and therefore did not render a decision on the purported modification within the time required by statute. 13 . On August 28, 1990, the Board voted to impose twenty ( 20 ) conditions on the constructively approved plan, and filed said decision with the North Andover Town Clerk on September 7 , 1990 . (See copy of decision of the board attached hereto as Exhibit A) . 14 . The conditions voted upon by the Board exceed authority of the Board. 15 . The Board failed to comply with the requirements of M.G.L. Chapter 41, Section 81W and failed to comply with the requirements of M.G.L. Chapter 41, Section 81U in seeking to modify the terms of the constructive approval. �I I 15 . The Plaintiff is aggrieved by the decision of the Planning Board imposing conditions on the constructive approval of the plan. WHEREFORE, the Plaintiff request that this Honorable Court annul the decisicn of the Board and award the Plaintiff hi-s costs . Respectfully submitted, Benjamin Farnum, By his attorney, Reginald L. Marden E.B.O. No. 319580 Law Office of Reginald L. Marden, P .C. 23 Central Street An-dover., Ma 01810 (508 ) 410-0477 J:CPLTFARN (1-4 ) Commonwealth of Massachusetts Essex, ss . Superior Court Department Civil Action No. Benjamin Farnum, Plaintiff AFFIDAVIT OF NOTICE TO V. TOWN CLERK George Perna, Jr. , John Simons, John Draper, Joseph Mahoney, 'and Robert Ercolini, As They Are Members of The Town of North Andover Planning Board, Defendants I. George A. Rand, having been duly sworn, do on my oath depose and state the following according to my personal knowledge . 1 . I am an attorney in good standing, and I am an associate in the firm of Law Offices of Reginald L. Marden, P.C . , Plaintiff ' s attorney. 2 . On September 26, 1990, I hand delivered to the North Andover Town Clerk, notice. of the instant Complaint . (See Copy of. Notice attached hereto Signed under the pains and penalties of , perjury this 26th day of September, 1990 . r George A. Rand ` L C� J:CPLTFARN ( 5) 7— FORM q DA1?II:C lOr1C 3• 701'tt1 CI.EftK HORT11 4;v)OYER PLANNIIIG BOARD ,} ScP 79 r " TOWN OF' North Andover MASSACiJUSETTS CERTIFICATE OF AMENDMENT , MODIFICATION OR RESCISSION 01' APPROVAL OF DEFINITIVE SUBDIVISION PLAN I , August 28, , 19 90 .e. TOWN CLERK 1 TOWN OF North Andover Massachusetts • Planning Board da ted 8/213/91 On the motion/petition of ' and in accordance wl th Mass ac if us efts General Lars , Chapter 41 , Section 81 -1J , it is hereby certified by the Planning board of the,-town of North Andover , Ilassachusctts , that at a duly called an proper y poste meettny of said Planning t3oard , held on 8/28/90 it tras voted to aufend/mudi fy/ rg'scind the approva of . the deflnttive subdivision plan of land entitled : Awned by Benjamin G. Tarnum , Plan s dated : o f North Andover M t Novanber 25 1987 _ , a n r e Y 1 5 e Tzr�yGn�cr 2Ei._13iiit____— and recurdg,d at Life : by : Thomas r. Neve Ass Registry of Ueeds , P13n Cuok North Essex page performance guarantee being and recor ed book Page an ncate�c anal shoorin4l 2:i, tut.s.-- propose ots , y ma ung tfe fa ow� ny ameldwe11ts/fooditrcatrun ( s } : 1--- by rescinding the approval for the following reasons : To place conditions on a constructively approved subdivision _ and Al prior conditions of approval sIU�SUa ,�tr�rto1ihlassachusettsif' full eGetreral � Lats , until such time as they are met ; ! ction 81-1'1 , this Amendment/1lodifi cation/ Rescission silall Chapter 41 , Se take effect when dulyRegistrydofyDeeds Pthe r�Plan 8orrora ainal lyj,approved , ' Essex g or a copy tHereof , a certified copy of this vote making such Amendment/ Modification or Rescission , and any plan or other document referred to in this vote . Said recording to be at the expense of the app in, the 'case of, Amendment or i•lodif.ication . The Amendment/1lodifi ca ti on/Rescission of the approval of this plan shall not affect the lots in the subdivision which have been sold or mortgaged in good faith and for a valuable or any able consideratio righis - appurtenant the�eof , tiletmortaage or mortgagesent of l,eirfviey 'otlrerelon . lots , and of the holde. Written consent from said owners and mortgages , if any , is attached hereto ) � ' NOTE TO CLERK : The •Planning Board should be notified., immediately of t , ; ', any appeal to the Superior Court on this subdivision F: 'Amendment/Hodifi ca ti on /Rescission of the appravai made within the statutory 20-day appeal period -. If no appeal is filed with your office , the PIanniny Board should be notified at the end of the 20-day appeal period in order that the ori uinaIly approved plan may receive an appropriate endorser}ent and be . recorded along withregistered copy of the certi - fied vote Amending/tlodifying/Rescinding the alip roval . A True Copy , attest : Cl erk , y'- . Planning Board Duplicate copy sent to applicant : Planning Board 'i. • 1 I BROOKVIEW ESTATES DEFINITIVE SUBDIVISION; CONDITIONAL APPROVAL 1 . There shall be no driveways placed where stone bound monuments and/or catch basins are to be set. It shall be the developers responsibility to assure the proper placement of the driveways regardless of whether individual lots are sold. The Planning Board shall require any driveway to be moved at the owners expense if such driveway is at a catch basin or stone bound position. Certification by a Registered Professional Engineer will be required prior to the issuance of a certificate of occupancy. , 2 . All drainage facilities including detention basins, shall be constructed and erosion controlled prior to any lot release. 3 . An as-built-'plan and profile shall be ' submitted for review and approval prior to the final release of DPW bond money. An interim as-built, certified by the design engineer, verifying that all utilities have been installed in accordance with the plans and profile shall be submitted prior to the application of the binder coat of pavement. In addition, all required inspection and testing of water, sewer, and drainage facilities shall be completed prior to binder course paving. To insure compliance with this condition, a bond in the amount of $10, 000 shall be posted prior to the release of any lots within this subdivision. 4 . Any changes on the plans required by the North Andover Conservation Commission may be subject to Modification under Chapter 41 by the Planning Board. 5 . The following shall be performed in accordance with chapter 41 , Section 81W, M.G.L. : (1) The original Plan, constructively approved, or a copy thereof, and a certified copy of this modification, shall be recorded with the Registry of Deeds, (2) an endorsement shall be made on the Plan constructively approved referring to this Modification and where it 'd s recorded, and (3) this Modification shall be indexed in tli'e Grantor Index under the names of the owners of record of the land affected. '• 6 . The provisions of this settlement shall apply to and be binding upon the applicant, it's employees and all successors andzassigns in interest or . control. 7 . Throughout all lands, tree cutting shall be kept to a minimum in order to minimize erosion and preserve the natural features of the site. Accordingly, the developer in conjunction with a registered Arborist, Landscape Architect or other professional as approved by the Town Planner, shall Submit a tree cutting and reforestation plan consistent with the provisions of Section 5.8 of the North Andover Zoning Bylaws ( The plan is for areas of substantial cutting and •i,.4 /a . filling to be reviewed by the Planning Staff prior to the ) / applicant receiving a permit to build on any lot within the subdivision. This Plan shall explicitly include specific trees to be retained. Also, the developer shall inform the Town Planner when significant tree cutting is to occur in order that the Planner may determine the need to be to b present. 8 . The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. g . Gas , Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 10 . All catch basins shall be protected with hay bales to prevent siltation into the Frain lines during road construction. 11 . No open burning shall be done except as is permitted during burning season under the Fire Department regulations• 12 . No underground fuel storage shall be installed except as may be required by Town Regulations. 13 . Permanent street numbers will be posted on dwellings prior to occupancy. ve al ire 14 • installed tprior stolthe aissuance eof1the fCertifsprinklers All Certificate of Occupancy, per order NAFD. 15 . Prior to a Certificate of Occupancy being issued for any lot, that lot shall have received all cpermits and approvals from the North Andover Board of Heal . PP 16 . All drainage and sewage facilities shall be approved by the North Andover'! Division of Public Works prior to the issuance of a Building Permit for any proposed structure on this site. the anning oad, 17 . Bonds, in an ostedotot ensure constructi ne determinebyand/orlcompletionr shall be pof sewers, roadways, site screening and other pertinent public amenities. These bonds shall be in the form of a Tri-Party Agreement, Pass Book or buildable lots. i lg , This subdivision shall conform to all Subdivision Rules and Regulations of the North Andover Planning Board which where in affect on December l7the issuance written Building Permit the applicant/owner shallsecure statement from the Town Planner that all plans are in such j conformance. i r19 . In no instance shall the proposed roadways exit onto Farnum y Street. The roadways shall access either Turnpike Street or Brook Street and shall receive all necessary permits from both the State DPW and the North Andover Division of Public Works. 20. The applicant shall contact the North Andover Division of Public Works and satisfy all concerns with regard to site drainage, utility installation and roadway specifications. cc: Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Assessors Conservation Commission Police Chief Fire Chief Applicant Engineer File RCCFIYF U FORM Q D&NI"I1-1)4tg TDV#fCLLFK NORTH PLANNING BOARD �3M ,r1b1�R TOWN OF North Andover MASSACHUSETTS SEP tg� CERTIFICATE OF AMENDMENT , MODIFICATION OR RESCISSION OF APPROVAL OF DEFINITIVE SUBDIVISION PLAN August 28, 19 90 TOWN CLERK TOWN OF North Andover Massachusetts On the motion/petition of Planning Board dated 8/28/90 and in accordance with Massachusetts General Laws , Chapter 41 , Section 81 -W , it is hereby certified by the Planning Board of the town of North Andover , Massachusetts , that at a duly called and properly posted meeting of said Planning Board , held on 8/28/90 , it was voted to amend/modify/ rescind the' approval of t eef7n tive subdivision plan of land entitled : RrnnkAziev Rctatag owned by : Benjamin G. Farnum Of : North Andover plan ( s ) d a.t e d : v Noember 25, 1987 , a n r e v i s eNov a : 928- by : Thomas E. Neve Associates. Inc_ and recorded at the : North Essex Registry of Deeds , Plan Book Page performance guarantee being and recor ed Book Page Tand ocated and showing T25_Lot propose lots , y making tie fo owing amendments/modification s : T-� by rescinding the approval for the followino reasons : To place conditions on a constructively approved subdivision All prior conditions of approval shall remain in full force and effect until such time as they are met ; pursuant to Massachusetts General Laws , Chapter 41 , Section 81-W , this Amendment/Modification/Rescission shall take effect when duly recorded by the Planning Board at the North Essex Registry of Deeds the plan or originally approved , or a copy thereof , a certified copy of this vote making such Amendment/ Modification or Rescission , and any plan or other document referred to in this vote . Said recording to be at the expense of the applicant in thecaseof Amendment or Modification . The Amendment/Modification/Rescission of the approval of this plan shall not affect the lots in the subdivision which have been sold or mortgaged in good faith and for a valuable consideration or any rights - appurtenant thereto , without the consent of the owner of such lots , and of the holder of the mortgage or mortgages , if any , thereon . ( Parr 1 of 2 ) Written consent from said owners and mortgages , if any , is attached hereto . NOTE TO CLERK : The Planning Board should be notified immediately of any appeal to the Superior Court on this subdivision 'Amendment/tiodification/ Rescission of the approval made within the statutory 20-day appeal period . If no appeal is filed with your office , the Planning Board should be notified at the end of the 20-day appeal period in order that the originally approved plan may receive an appropriate endorsement and be recorded along with a registered copy of the certi - fied vote Amending/Modifying/ Rescinding the approval . A True Copy , attest : Clerk , , Planning Board Duplicate copy sent to applicant : l/ Planning Board ("'7e 2 of 2 ) BROOKVIEW ESTATES DEFINITIVE SUBDIVISION, CONDITIONAL APPROVAL 1. There shall be no driveways placed where stone bound monuments and/or catch basins are to be set. It shall be the developers responsibility to assure the proper placement of the driveways regardless of whether individual lots are sold. The Planning Board shall require any driveway to be moved at the owners expense if such driveway is at a catch basin or stone bound position. Certification by a Registered Professional Engineer will be required prior to the issuance of a certificate of occupancy. 2 . All drainage facilities including detention basins, shall be constructed and erosion controlled prior to any lot release. 3 . An as-built plan and profile shall be submitted for review and approval prior to the final release of DPW bond money. An interim as-built, certified by the design engineer, verifying that all utilities have been installed in accordance with the plans and profile shall be submitted prior to the application of the binder coat of pavement. In addition, all required inspection and testing of water, sewer, and drainage facilities shall be completed prior to binder course paving. To insure compliance with this condition, a bond in the amount of $10, 000 shall be posted prior to the release of any lots within this subdivision. 4 . Any changes on the plans required by the North Andover Conservation Commission may be subject to Modification under Chapter 41 by the Planning Board. 5. The following shall be performed in accordance with chapter 41, Section 81W, M.G.L. : (1) The original Plan, constructively approved, or a copy thereof, and a certified copy of this modification, shall be recorded with the Registry of Deeds, (2) an endorsement shall be made on the Plan constructively approved referring to this Modification and where it is recorded, and (3) this Modification shall be indexed in the Grantor Index under the names of the owners of record of the land affected. 6. The provisions of this settlement shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. 7 . Throughout all lands, tree cutting shall be kept to a minimum in order to minimize erosion and preserve the natural features of the site. Accordingly, the developer in conjunction with a registered Arborist, Landscape Architect or other professional as approved by the Town Planner, shall submit a tree cutting and reforestation plan consistent with the provisions of Section 5.8 of the North Andover Zoning Bylaws ( The plan is for areas of substantial cutting and i filling ) to be reviewed by the Planning Staff prior to the applicant receiving a permit to build on any lot within the subdivision. This Plan shall explicitly include specific trees to be retained. Also, the developer shall inform the Town Planner when significant tree cutting is to occur in order that the Planner may determine the need to be to be present. 8. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 9 . Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 10. All catch basins shall be protected with hay bales to prevent siltation into the drain lines during road construction. 11. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 12 . No underground fuel storage shall be installed except as may be required by Town Regulations. 13 . Permanent street numbers will be posted on dwellings prior to occupancy. 14. All structures shall have residential fire sprinklers installed prior to the issuance of the Certificate of Occupancy, per order NAFD. 15. Prior to a Certificate of occupancy being issued for any lot, that lot shall have received all necessary permits and approvals from the North Andover Board of Health. 16. All drainage and sewage facilities shall be approved by the North Andover Division of Public Works prior to the issuance of a Building Permit for any proposed structure on this site. 17. Bonds, in an amount to be determined by the Planning Board, shall be posted to ensure construction and/or completion of sewers, roadways, site screening and other pertinent public amenities. These bonds shall be in the form of a Tri-Party Agreement, Pass Book or buildable lots. 18. This subdivision shall conform to all Subdivision Rules and Regulations of the North Andover Planning Board which where in affect on December 17, 1987 . Prior to the issuance of a Building Permit the applicant/owner shall secure a written statement from the Town Planner that all plans are in such conformance. . . w 19 . In no instance shall the proposed roadways exit onto Farnum Street. The roadways shall access either Turnpike Street or Brook Street and shall receive all necessary permits from both the State DPW and the North Andover Division of Public Works. 20. The applicant shall contact the North Andover Division of Public Works and satisfy all concerns with regard to site drainage, utility installation and roadway specifications. cc: Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Assessors Conservation Commission Police Chief Fire Chief Applicant Engineer File Received b Town Clerk : ,nEaa FORM A �ARLICATION FOR ENDORSEMENT OF PLAN �i BELIEVED NOT TO REQUIRE APPROVAL May 1 19 87 To the Planning Board of the Town* of North Andover: The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control law isnot 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 sub- division because every lot shown thereon has the amount of frontgge required by the North Andover Zoning By Law and is on a public way , • namely , Rrnnk RfrPPt , or a private way, namely, being land bounded as follows : Northerly by. Farnum Street Easterly by Brook Street Sou h rly by Turnpike Street -- Westerly by land -of Boston Hill Ski Area Fink and Thomson 2. The division of land shown on the accompanying plan is not a sub- division for the following reasons : All lots conform to Zoning-By-Law and Subdivision Rules and Regulations. • 3. Title reference North Essex Deeds , Book IZ� � Pageor 1177 148 Certificate of Title No. , Registration Book ; Page . Applicant 's Signature : Owner's signature and address if not -t-he amp scant: Applicant 's Address : _ 397 &fV0"IT. �� tiv� AU .4 tea. RECEIVED Received by Town Clerk : DANIEL CLARK NORTANDOVER _ FEB 1 . .�L C6 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 ,, end the appropriate endorsement has been made upon the same. 2. The North Andover Planning Board hast 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. Very truly yours . NORTH ANDOVER PLANNING BOARD B y: Date : DEFINITIVE SUBDIVISION PLAN AND HYDROLOGY REPORT "BROORVIEW ESTATES' SUBMITTED TO THE 'DOWN OF NORTH ANDOVER November 25, 1987 PREPARED BY: NEVE ASSOCIATES, INC. 447 Boston Street Topsfield, MA 01983 FORM C APPLICATION FOR APPROVAL OF DEFINITIVE PLANt r Nova 214 :. To the Planning Board of the Town of North Andover: The undersigned, being the applicant as defined under Chapter 41, Section 81—L, for approval of a proposed subdivision shown on a plan entitled Brookview Estates by Thomas E. Neve Associates. rn __ dated November 25. 1987 being land bounded as follows: northerly by Farm Streets easterl y by Brook Street;- no hPr y by TnrnnilrP^QtrPPt o,caatrarl � land of Bostop hereby submits said plan as a DEFINITIVE plan in accordance with the Rules and Regulations of the North Andover Planning Board and makes application to the Board for approval of said plan. 1612 204 Title References North Essex Deeds, Book 2039 7777, Page 148 r 327 , or Certificate of Title No. , Registration Book.., page.; or Others Said plan has(io has not( ) evolved from a preliminary plan submitted to the Board of Mav 1 19 _a and approved (with modifications) ( ) disapproved ( oa August 1I • 19 . �Z• The undersigned hereby applies for the approval of said DEFINITIVE plan by the Board, and in furtherance thereof hereby agrees to abide by the Board's Rules and Regulations. The undersigned hereby further covenants and agrees With the Town of North Andover, upon approval of said DEFINITIVE plan by the Board: 1. To install utilities in accordance with the rules and regulations of the Planning Board, the Public Works Department, the Highway Surveyor, the Board of Health, and all general as well as zoning by—laws of said Toxo, as are applicable to the installation of utilities within the limits of ways and streets; 2. To complete and construct the streets or ways and other improvements shown thereon in accordance with Sections Iv and V of the Rules and Regulations of the Planning Board and the approved DEFINITIVE plan, profiles and cross sections of the same. Said plan, profiles, cross sections and construction specifications are apecifieally, by reference, incorporated herein and made a part of this application. This application and the covenants and agree.- ments herein shall be binding upon all heirs, executors, administrators, successors, grantees of the whole or part of said land, and assigns of the undersigned; and or 3. To complete the aforesaid installations and construction within two (2) ' years from the date hereof. Received by Town Clerk: Dates t of Applic t Times i Signature: Address r Notice to APPLICANT/TOWN CLM and Certification of Action of Planning Hoard on Definitive Subdivision Plan entitled: _ I By: dated 19 a * zr * ee The North Andover Planning Hoard has voted to APPROVE said plen# subject to the following conditions: 1. That the record owners of the subject land forthwith execute and record a "covenant running with the land"t or otherwise provide security for the con- struction of ways and the installation of m.:nicipal services within said sub- division# all as provided by G.L. c. 41# S. 81-U9 2. That all such construction and installations shall in all respects conform to the governing rules and regulations of this Board. 3. That# as required by the North Andover Board of Health in its report to this Board, no building or other structure shall be built or placed upon Lots No, as shown on said Plan without the prior consent of said Board of Health. 4. Other conditions: In the event that no appeal shall have been taken from said approval within twenty daps from this date# the North Andover Planning Hoard will forthwith thereafter endorse its formal approval upon said Plan* � e * * a * * eeeee * * �reee * eeze �r * a +r • ea * * aee :r * * e The North Andover Planning Board has DISAPPROVED said plan# for the following. reasons: or I NORTH ANDOVER PLANXIM HOARD Date: BY: I FORM D .► DESIGNER'S CERTIFICATE November 24 , 19 87 I I TO THE PLAlW4IM6 BOARD OF THE TOWN OF NORTH ANDOVER: In preparing the plan entitled Brookview Estates I hereby certify that the above named plan and accompanying data is true and correct to the accuracy required by the current Rules and Regulations Governing the Subdivision of Land in North Andover, Massachusetts , and my source of information about the location of boundaries shown on said plan were one or more of the following : 1. Deed from John C. Farnum, Probate to Benjamin G. Farnum 1952 dated 1952 and recorded in the North 321 Essex Registry in Book 1177_ , Page 148 2. Other plans , as follows State- Layout Salem turnyikg. - - gnute 114 3. Oral information furnished by none 4. Actual measurement on the around from a starting point established by Neve Associates Inc 447 Boston Street Topsfield 14A 5. Other Sources None Signe X;� (Seal of Engineer or (Registered Professional Engineer or S or) Registered Land Surveyor) nFM�ssq� CF y 447 Boston Street iHO S ETHQMA s GENE NEVE To sfield MA 01983 U No, 3 Km 31724 Address ¢E Q �!� �EGMCREO A9�FFSSt S E �d41 LANDS 2 STATEMENT OF ENVIRONMENTAL IMPACT BROORVIEW ESTATES Land of Benjamin Farnum This Environmental Impact Statement has beenre ared as a P P supplement and a requirement of the Subdivision Rules and Regulations of the Town of North Andover. This statement compliments the plans as submitted by the applicant. Said plans should be used as reference material for all the statements found herewith. A. The Plan The present and proposed topography at a two ( 2 ) foot contour interval with graphic drainage analysis, location of existing structures, including fences and walls, are shown on the Topography and Utility sheets and the Pre- Development and Post-Development Hydrology sheets attached. The vegetative cover analysis including identification of general cover types, location of any botanical features and identification of wetland resource areas are shown on the aforementioned plans. The approximate surface water levels are shown on the plan. The soil types based on U.S.D.A. Soil Study have been superimposed on the Pre-Development Hydrology plan. B. The Physical Environment The general and physical conditions of the site contain a variety of vegetation. The topography is rolling and contains no unusual geologic, scenic, or historical features. The project as shown clearly by the profiles will require regrading of the land surface in order to install the roadway and to construct the buildings . The subdivision has been intelligently designed so that minimum amounts of regrading are necessary to accomplish both aspects . The project will be an active, general business type subdivision and will relate well to the surrounding area. The subdivision is bounded by three roadways , one being Route 114 , which is a major artery in this area. C. Surface Water and Soils The location and extent of the Bordering Vegetative Wetland, including all existing surface drainage characteristics, both within and adjacent to the project are clearly shown on the Topography and Utility sheets. The methods to be 3 used during construction to control erosion and sedimentation will be by installing a row of staked hay bales, faced by filter fabric at certain locations in order to minimize the intrusion of pollutants into the wetland caused by construction. The erosion control barrier shall be installed between the wetland and the toe of the slope of the proposed regrading. This sedimentation and erosion control provision shall be maintained throughout the duration of construction and shall be removed once a stable turf is established on all altered areas. All soil shall be stockpiled outside the wetland buffer zone unless authorized by the Conservation Commission. There shall be no permanent methods used to control erosion and sedimentation. Any area subject to flooding or ponding shall be maintained. The proposed surface drainage system shall be conventional and shall be installed as shown on the Topography and Utility sheets and particularly shown on the profiles of each roadway system. The land grading shall be performed in accordance with the plans as shown. Permanent vegetative cover in the form of grass and trees shall be planted on all areas which were regraded. Any large trees or existing vegetation which is desired to be saved by the developer shall be protected by surrounding such vegetation with snow fence. No wetlands are proposed to be altered in this Definitive Subdivision Proposal. The existing wetland and outflow control device serves to store flood waters and control the rate of runoff discharged downstream. The proposal will be to alter the outlet control device in order to induce additional detention ponding and flood storage within the wetlands of the site. The peak grade of runoff in a Post-Development Condition will be equal or less than that of the Pre-Development Condition. The increase in the peak rate of runoff and the Hydrologic Analysis is clearly shown in the attached report. D. Subsurface Conditions At this time sewage disposal methods are proposed to be subsurface. No percolation tests or deep water tests have been performed to date. All systems shall be designed and installed in accordance with the State Environmental Code and the Town of North Andover' s Board of Health Regulations. This sewage discharge shall have no impact on surface water, soils and vegetation. The project will have no direct impact on subsurface soil or water conditions. E. Town Services Traffic will be generated from this subdivision and will enter two road systems, both Farnum Street and Brook Road, prior to exiting and entering onto Route 114 . The estimated traffic flow conditions are unclear at this time since the projection of land use on each lot has not been accurately determined. The west side of the subdivision contains 14 general business lots; the east side containing 12 . The conservative projection may be that 30 vehicle trips per day could be expected to impact the area for each lot. Therefore, approximately 780 vehicle trips per day can be expected in and around the proposed subdivision. Each lot shall be specifically designed to contain off street parking of vehicles . The project will have an impact on police and fire protection services. Undoubtedly, the police would patrol this subdivision on a regular basis . Fire protection shall be provided by the extension of the Town Water system into the subdivision and the installation of fire hydrants at recommended distances within the road network. Also, individual sprinkler systems will be installed within each general business building with fire alarm provisions. The Public Works Department will be required to maintain the streets once they are built to Town standards. Both streets are cul-de-sacs and will be a minimal burden on the Public Works Department with respect to plowing. The project will have little impact on the Educational services of the Town, since none of the lots proposed will be used for residential purposes. This subdivision will contain a water distribution system provided from the Town system in the public ways. We will install an 8" diameter cement lined ductile pipe within the road to serve each lot. F. General Impact Since this subdivision will provide general business uses within the Town, we feel that the project will be a positive situation for the Town of North Andover. The location of this land with respect to Route 114 is excellent and a general business community in that district will function well. The project was designed in order to create a minimum amount of impact to the land in the form of regrading. The lots have been designed to provide open space and elbow room within the general business development. The project was designed to create little or no impact to the wetland resource areas flowing through the site. With all these factors understood, we believe this development will be a credit to the Town of North Andover. **4 Hypiww6iG AloALV5*** 'pE-5i&�j Pa WT..�/# 1 BEGIN WITH MEMORY # 1 PFLE �Dojctopi7 ROUTE THROUGH STORAGE POND # i # ELEVATION (FT) STORAGE (ACRE-FT ) 1 154.8 0.00 2 155.2 .02 3 15610 .06 4 158.0 5. 15 5 160.0 18. 15 6 160.3 22.00 OUTLET # i INVERT ELEVATION = 154.8 FT CIRCULAR CULVERT: D- 36 IN n= .025 L= 112 FT S- 8.9E-5 SQUARE EDGE FLUSH INLET: Ke- .5 OUTLET # 2 INVERT ELEVATION - 155.2 FT CIRCULAR CULVERT: D= 36 IN na .025 L= 112 FT S= .0037S SQUARE EDGE FLUSH INLET: Ke= .5 OUTLET # 3 INVERT ELEVATION - 160.25 FT RECTANGULAR WEIR: APPROACH CHANNEL ELEV.- 160.25 FT WIDTH= 100 FT THE MAX. WATER STORED - 18.22 ACRE-FT VOLUME UNDER THE HYDR06RAPH = 36.43 ACRE-FT , PEAK 79.7 CFS INFLOW 9. OUTFLOW FOR POND # 1 280 " 260 PERK INFLOW a 299.4 240 OUTFLOW 79. 226 200 N 180 U i60 U 140 ; 1211, ` 100 ; 60 ` 40 20 - ___ r 90 it 12 13 14 15 16 17 18 19 20 TIME (HOURS) III STORAGE POND * 1 DATA pacF D"eWpED- -------------------------- ---------------------------------------------------------------------------- I TIME INFLOW OUTFLOW ELEVATION STORAGE HR. CFS CF5 ACRE-FT ---------------------------------------------------------------------------- 10.0 1 .6 0.0 154.9 .01 10.2 4.5 2.5 t55.6 .05 10.4 6. 1 4.5 156.0 .07 10.6 7.8 4.7 156.0 . 12 10.8 9.8 5. 1 156.0 . 19 11 .0 13.5 5.7 156. 1 .31 11 .2 16.0 6.6 156. 1 .46 11 .4 22. 1 7.7 156.2 .67 11 .6 38.7 9.7 156.3 1 .06 11 .8 167. 1 17. 1 156.8 2.79 12.0 251 . 1 35.2 158.0 6.06 12.2 299.4 48.7 158.6 10. 15 12.4 271 .S 62.0 159.2 13.85 12.6 198.5 71 .5 159.6 16.30 12.8 140.4 76.8 159.9 17.58 13,0 103.6 79.2 tGo. ' R 18. 13 13.2 78.9 79.7 16 -O 4 18.21 13.4 63.9 79.4 160.0 STAf0- 18.02 13.6 52.3 78.2 159.9 17.63 13.8 44.2 76.6 159.9 17.12 14.0 39.8 74.7 159.8 16.55 14.2 35.5 72.6 1S9.7 15.94 14.4 32.5 70.5 159.6 15.31 t4.6 29.6 68.3 159.5 14.68 14.8 27.9 66. 1 159.4 14.04 15.0 26.5 64.0 159.3 13.42 15.2 25.7 61 .9 159.2 12.82 15.4 24.3 59.9 159. 1 12.23 15.6 23.4 57.9 159.0 11 .65 15.8 22.5 56.0 158.9 11 .10 16.0 20.9 54. 1 158. 9 10.55 16.2 20.2 52.2 158.8 10.02 16.4 19.5 50.5 158.7 9.50 16.6 19.4 48.8 158.6 9.01 16.8 18.6 47. 1 158.5 8.54 17.0 18.5 45.6 158.5 8.09 17.2 18.3 44. 1 158.4 7.66 17.4 17.7 42.6 158.3 7.24 17.6 16.9 41 .2 158.3 6.83 17.8 16.2 39.8 158.2 6.44 18.0 15.4 38.5 158.2 6.05 18.2 15.4 37.2 158. 1 5.68 18.4 14.6 36.0 158.0 5.33 18.6 13. 9 34.6 158.0 4.98 18.8 13.8 32.6 157.8 4.66 19.0 13.8 30.9 157.7 4.37 19.2 13.2 29.2 157.6 4.11 19.4 13. 1 27.7 157.5 3.86 19.6 13. 1 26.3 157.4 3.64 19.8 12.8 25.0 157.3 3.43 20.0 12.2 23.8 157.3 3.23 - - - N %DeO L©(5� AKIAutq4-5 -kms OJ 7r Ft—Oc�J CHA2T p�fU1`l j70lNT # I T RtE-�►l.�- I 0 P OUTLE RA's ofO *#1(in �1 Mz 2- >>>> mop OuNOFF p05�l— D"V eLOPM" T FLOW CHAP—T : XS(6►3 POINT -54 M4- + 4- e.- �7 + M 3 + M4- M 5 + !S M G O R =-P-T _ Po5r-DEvEcopEfl D 2 cvw� wAirG OF 2utibFf VES160 P()I Q T # 2- A-LL Su6c.A-Tc+tk FM TS F+A ue 12>e�o I Lj Tzc TSD hOO 'IZAMSfOlzt&D TO Pr-516A1 POWT i -------------------------- EXISTING SUBCATCHMENT DATA -------------------------- SUBCAT # 1 SUBCAT # 2 ---------- ---------- AREA= 9.34 ACRES AREA= 3.26 ACRES CN- 84 CN- 84 Tc= 26 Tc= 9 RAINFALL- 7 INCHES RAINFALL- 7 INCHES PEAK FLOW= 41 .2 CFS PEAK FLOW= 19.8 CFS VOLUME- 3.68 ACRE-FT VOLUME= 1 .26 ACRE-FT SUBCAT # 3 SUBCAT # 4 ---------- ---------- AREA= 11 .55 ACRES AREA- 7 ACRES CN= 80 CN- 90 Tc= 6 Tc= 12 RAINFALL= 7 INCHES RAINFALL= 7 INCHES PEAK FLOW= 84 CFS PEAK FLOW= 49 CFS VOLUME= 4. 1 ACRE-FT VOLUME= 3.08 ACRE-FT SUBCAT # 5 SUBCAT # 6 ---------- ---------- AREA- . 12 ACRES AREA= 1 .76 ACRES CN- 98 CN- 91 Tc- 6 Tc= 12 RAINFALL- 7 INCHES RAINFALL= 7 INCHES PEAK FLOW= 1 .3 CFS PEAK FLOW- 12.6 CFS VOLUME- .05 ACRE-FT VOLUME= .8 ACRE-FT SUBCAT # 7 SUBCAT # 8 ---------- ---------- AREA= . 13 ACRES AREA= .22 ACRES CN= 98 CN= 98 Tc= 6 Tc- 6 RAINFALL= 7 INCHES RAINFALL- 7 INCHES PEAK FLOW= 1 .4 CFS PEAK FLOW= 2.3 CFS VOLUME= .06 ACRE-FT VOLUME= . 11 ACRE-FT SUBCAT # 9 SUBCAT # 10 ---------- ---------- AREA= . 18 ACRES AREA= 2.33 ACRES CN= 98 CN= 90 Tc= 6 Tc= 7 RAINFALL- 7 INCHES RAINFALL- 7 INCHES PEAK FLOW- 1 .9 CFS PEAK FLOW- 19.3 CFS VOLUME- .06 ACRE-FT VOLUME= 1 .02 ACRE-FT SUBCAT # 11 SUBCAT # 12 AREA= .94 ACRES AREA= 1 .3 ACRES CN= 90 CN- 90 Tc- 6 Tc= 6 RAINFALL- 7 INCHES RAINFALL- 7 INCHES PEAK FLOW= 8.5 CFS PEAK FLOW= 11 .7 CFS VOLUME= .41 ACRE-FT VOLUME= .57 ACRE-FT SUBCAT # 13 SUBCAT # 14 AREA= 6.91 ACRES AREA= .32 ACRES CN= 90 CN- 98 Tc- 12 Tc- 7 RAINFALL= 7 INCHES RAINFALL- 7 INCHES PEAK FLOW= 48.3 CFS PEAK FLOW= 3. 1 CFS VOLUME- 3.04 ACRE-FT VOLUME- . 17 ACRE-FT SUBCAT # 15 SUBCAT # 16 AREA= .28 ACRES AREA- . 17 ACRES CN- 98 CN- 98 Tc- 7 Tc- 6 RAINFALL= 7 INCHES RAINFALL= 7 INCHES PEAK FLOW= 2.7 CFS PEAK FLOW= 1 .8 CFS VOLUME= . 15 ACRE-FT VOLUME= .08 ACRE-FT SUBCAT # 17 SUBCAT # 18 AREA= .4 ACRES AREA= 86 ACRES CN= 98 CN- 82 Tc- 7 Tc- 44 RAINFALL- 7 INCHES RAINFALL- 7 INCHES PEAK FLOW= 3.8 CFS PEAK FLOW= 256.6 CFS VOLUME= .21 ACRE-FT VOLUME- 31 .69 ACRE-FT --------------------- EXISTING ROUTING DATA --------------------- -------------------- EXISTING MEMORY DATA -------------------- --------------------- EXISTING PONDING DATA --------------------- • � I . 1 1 1 • . . . i . 11 1 11 1 1 CKED DESIGN SMRM • , POST-OEVE�LOPM,ENT HYDROLOQY STUDY DESIGN POINT #1 I I t BEGIN WITH SUBCATCHMENT # 6 ADD SUBCATCHMENT # 8 ADD SUBCATCHMENT # 9 ROUTE THROUGH REACH # 9 CIRCULAR PIPE: D=12in n=.015 L-102' S=.0185 THE MAX. WATER DETAINED .27 ACRE-FT STORE IN MEMORY # 2 BEGIN WITH MEMORY # 1 ADD MEMORY # 2 STORE IN MEMORY # 4 BEGIN WITH SUBCATCHMENT # 12 ADD SUBCATCHMENT # 14 ADD SUBCATCHMENT # 15 ROUTE THROUGH REACH # 10 CIRCULAR PIPE: D-18in n=.015 L=64' S=.01 THE MAX. WATER DETAINED . 11 ACRE-FT ROUTE THROUGH REACH # 11 it CIRCULAR PIPE: D=18in n=.015 L=40' S=.01 ROUTE THROUGH REACH # 12 CIRCULAR PIPE: D=18in n=.015 L=72' S=.04 STORE IN MEMORY # 3 BEGIN WITH SUBCATCHMENT # 11 n nuu it,nntni * io ADO SUBCATCHMENT # 10 ROUTE THROUGH REACH # 13 CIRCULAR PIPE: D-12in n=.015 L=87' S=.0155 THE MAX. WATER DETAINED .57 ACRE-FT ROUTE THROUGH REACH # 14 CIRCULAR PIPE: D-12in ns.015 L=350' S=.0129 THE MAX. WATER DETAINED .09 ACRE-FT ROUTE THROUGH REACH # 15 CIRCULAR PIPE: D-18in n=.015 L=19S' 5=.0115 ROUTE THROUGH REACH # 16 CIRCULAR PIPE: 0=18in n=.015 L=195' S=.0115 ROUTE THROUGH REACH # 17 CIRCULAR PIPE: 0=18in n=.015 L=212' S=.003 ROUTE THROUGH REACH # 18 CIRCULAR PIPE: D=18in n=.015 L=95' 5=.009 STORE IN MEMORY # 5 BEGIN WITH SUBCATCHMENT # 13 ADD MEMORY # 3 ADD MEMORY # 4 ADD MEMORY # 5 ADD SUBCATCHMENT # 17 STORE IN MEMORY # 6 VOLUME UNDER THE HYDR06RAPH 10.71 ACRE-FT , PEAK 73.3 CFS it �3 THOMAS E. NEVE ASSOCIATES, INC. TOPSFIELD, MASS. DATE / J PROJECT: BROOKVIEW ESTATES HYDROLOGY STUDY SHEET OF POST DEVELOPMENT HYDROLOGY STUDY * DESIGN POINT #1 BEGIN WITH SUBCATCHMENT # 17 ROUTE THROUGH REACH # 3 CIRCULAR PIPE: D-15in n-.61S L=150' S=.0365 ADD SUBCATCHMENT # 5 ADD SUBCATCHMENT # 7 ROUTE THROUGH REACH # 6 CIRCULAR PIPE: 0=18in n=.015 L=170' S=.003 THE MAX. WATER DETAINED = .01 ACRE-FT ROUTE THROUGH REACH # 7 CIRCULAR PIPE: D=18in n=.015 L=52' S=.003 STORE IN MEMORY # 1 ADD MEMORY # 2 STORE IN MEMORY # 4 VOLUME UNDER THE HYDROGRAPH 1 .31 ACRE-FT, PEAK a 9.2 CFS BEGIN WITH SUBCATCHMENT # 13 ADD MEMORY # 3 ADD MEMORY # 4 ADD MEMORY # 5 ADD SUBCATCHMENT # 18 STORE IN MEMORY # 6 VOLUME UNDER THE HYDROGRAPH - 36.64 ACRE-FT , PEAK = 284.9 CFS ROUTE THROUGH STORAGE POND # 2 # ELEVATION (FT) STORAGE (ACRE-FT) 1 154.8 0.00 2 155.2 .02 3 156.0 .06 4 158.0 S. 15 ` 5 160160.0 18. 15 6 320162.0 19.00 OUTLET # 1 INVERT ELEVATION - 154.8 FT CIRCULAR CULVERT: D- 800 IN n= .025 L- 25 FT S= 2 WELL ROUNDED INLET: Ke- .08 THE MAX. WATER STORED = 3.36 ACRE-FT BEGIN WITH MEMORY # 6 VOLUME UNDER THE HYDROGRAPH a 38.64 ACRE-FT, PEAK - 284.9 CFS ROUTE THROUGH STORAGE POND # 2 # ELEVATION (FT) STORAGE (ACRE-FT) 1 154.6 0.00 2 155.2 .02 3 156.0 .06 4 158.0 5. 15 5 160.0 18. 15 6 160.3 22.00 OUTLET # 1 INVERT ELEVATION = 154.8 FT CIRCULAR CULVERT: D- 36 IN n= .025 L- 112 FT S= 8.9E-5 SQUARE EDGE FLUSH INLET: Ke= .5 OUTLET # 2 INVERT ELEVATION - 155.2 FT CIRCULAR CULVERT: D- 36 IN n= .025 L= 112 FT 5= .00375 SQUARE EDGE FLUSH INLET: Ke= .5 OUTLET # 3 INVERT ELEVATION - 160.25 FT RECTANGULAR WEIR: APPROACH CHANNEL ELEV.= 160.25 FT WIDTH= 100 FT THE MAX. WATER STORED = 17.37 ACRE-FT VOLUME UNDER THE HYDROGRAPH = 35.51 ACRE-FT , PEAK = 76.9 CFS INFLOW & OUTFLOW FOR POND * 2 280 - 260 - 240 - 80260240 PEAK INFLO = 284.9 � � OUTFLOW = 76 .sIZLW p RATE- OF 22a 200oFF Lo iso f-fflCft PATA Soee C- U 160 140 120 ' 79.7 cps 100 - so - Go - 40 - 20 - 00se6040 _ 90 11 12 13 14 15 16 17 18 19 20 TIME (HOURS) v. Ioa �� po ,P=ST 3T STORAGE POND E 2 DATA � -------------------------- TIME INFLOW OUTFLOW ELEVATION STORAGE HR. CFS CFS ACRE-FT 10.0 .7 0.0 154.9 .01 10.2 3.7 1 .5 155.4 .04 10.4 5.5 4.3 156.0 .06 10.6 7.2 4.6 156.0 . 10 10.6 9.6 5.0 156.0 . 17 11 .0 13.2 5.6 156. 1 .28 11 .2 15.9 6.4 156. 1 .43 11 .4 22. 1 7.6 156.2 .65 11 .6 37.4 9.6 156 .3 1 .03 11 .8 121 .2 15.6 156.7 2.35 12.0 234. 1 31 .3 157.8 5.36 12.2 284.9 45.8 158.5 9.26 12.4 259.2 58.5 159. 1 12.82 12.6 194.5 67.9 159.5 15.24 12.8 140.0 73.3 159.7 16.57 13.0 105.6 75.9 159.8 17. 19 13.2 82.2 76.9 159.9 f1�� 17.37 13.4 67.7 76.8 9.9 E 17.27 13.6 53.9 75.9 159.8 16.96 13.8 45.8 74.4 159.6 16.50 14.0 41 .6 72.7 159.7 15.98 14.2 37.2 70.8 159.6 15.43 14.4 34.2 68.9 159.5 14.86 14.6 31 .4 66.9 159.4 14.27 14.8 29.8 64.9 159.3 13.69 15.0 28.3 62.9 159.2 13. 12 15.2 27.7 61 .0 159.2 12.56 15.4 26.4 59. 1 159. 1 12.01 15.6 25.6 57.3 159.0 11 .49 15.8 24.4 55.5 158.9 10.98 16.0 20.0 53.7 158.8 10.43 16.2 19.8 51 .8 158.8 9.90 16.4 19.2 50. 1 156.7 9.39 16.6 19.0 48.4 158.6 6.89 16.8 18. 1 46.7 158.5 8.42 17.0 18.0 45. 1 158.5 7.97 17.2 18.0 43.7 158.4 7.54 17.4 17.2 42.2 158.3 7. 12 17.6 16.5 40.8 158.3 6.71 17.8 15.8 39.4 158.2 6.32 18.0 15.0 38. 1 158. 1 5.93 16.2 15.0 36.8 158. 1 5.56 18.4 14.3 35.6 158.0 5.21 18.6 13.6 33.9 157.9 4.67 18.8 13.4 32.0 157.8 4.56 19.0 13.3 30.2 157.7 4.27 19.2 12.5 28.6 157.6 4.00 19.4 12.5 27. 1 157.5 3.76 19.6 12.5 25.7 157.4 3.53 19.6 12.3 24.4 157.3 3.33 20.0 11 .7 23.2 157.2 3. 13 REACH # 3 REACH # 6 ---------- PEAK FLOW= 3.7 CFS PEAK FLOW- 5 CFS MAX. FLOW POSSIBLE- 10.7 CFS MAX. FLOW POSSIBLE= 5 CFS MAX WATER DETAINED= 0 ACRE-FT MAX WATER DETAINED- .01 ACRE-FT REACH # 7 REACH # 9 PEAK FLOW= 5 CFS PEAK FLOW= 4.2 CFS MAX. FLOW POSSIBLE- 5 CFS MAX. FLOW POSSIBLE= 4.2 CFS MAX WATER DETAINED= 0 ACRE-FT MAX WATER DETAINED- .27 ACRE-FT REACH # 10 REACH # 11 ---------- ---------- PEAK FLOW= 9. 1 CFS PEAK FLOW= 9. 1 CFS MAX. FLOW POSSIBLE= 9. 1 CFS MAX. FLOW POSSIBLE= 9. 1 CFS MAX WATER DETAINED= . 11 ACRE-FT MAX WATER DETAINED= 0 ACRE-FT REACH # 12 REACH # 13 ---------- ---------- PEAK FLOW= 9. 1 CFS PEAK FLOW= 3.8 CFS MAX. FLOW POSSIBLE= 16.2 CFS MAX. FLOW POSSIBLE= 3.8 CFS MAX WATER DETAINED= 0 ACRE-FT MAX WATER DETAINED= .57 ACRE-FT REACH # 14 REACH # 15 ---------- ---------- PEAK FLOW= 3.5 CFS PEAK FLOW= 3.5 CFS MAX. FLOW POSSIBLE= 3.5 CFS MAX. FLOW POSSIBLE= 9.8 CFS MAX WATER DETAINED= .09 ACRE-FT MAX WATER DETAINED= 0 ACRE-FT REACH # 16 REACH # 17 ---------- ---------- PEAK FLOW= 3.5 CFS PEAK FLOW= 3.6 CFS MAX. FLOW POSSIBLE- 9.8 CFS MAX. FLOW POSSIBLE= S CFS MAX WATER DETAINED= 0 ACRE-FT MAX WATER DETAINED= 0 ACRE-FT REACH # 18 -r14 F. PWCUMNFA aWQ ---------- 'DemogemAns rAA-r LUAIW- IS PEAK FLOW= 3.6 CFS poll tjel> IN lw UW4f Lt � MAX. FLOW POSSIBLE= 8.6 CFS aj"C Q.4AVwA S f JO1#3 ol*gf MAX WATER DETAINED= 0 ACRE-FT -60 H04W ASS THOZE ORE sew Ta M 1176A Ir im Alar OF �hN�ES ww Illi FAC-0004 pw0 EXISTING MEMORY DATA dRcOI� ST Im umes or cpl6vi11R470" -------------------- uJftS 616#41 4#J cft 5� (tE WOY 61 i3tE 7inglA 4 A64 fltt�PWP � "n lWr P1EU. RALE MEMORY # 1 2 OF OUP-%QAF, ---------- PEAK FLOW= 5 CFS PEAK FLOW= 4.2 CFS CoNu,us[orJ MEMORY # 3 MEMORY # 4 ---------- ---------- PEAK FLOW= 9. 1 CFS PEAK FLOW= 9.2 CFS MEMORY # 5 MEMORY # 6 ---------- ---------- PEAK FLOW= 3.6 CFS PEAK FLOW= 73.3 CFS --------------------- 17 CONSTRUCTION SCHEDULE The following construction schedule is expected by the applicant: Month 0 - 2 Clear and grub both roads, stockpile loam, dispose of stumps slash. Month 6 - 12 Install all utilities, commence construction on lots. Month 12 - 18 Install binder course and regrade shoulders and sideslopes. Install service connections to each lot. Continue construction of lots . Month 18 - 36 Continue construction on lots, finish pavement on roadways, finish landscape shoulders and sideslopes. Month 36 - 48 Install roadway granite bounds, general cleanup, prepare "As-Built" plan for road acceptance. FORM E CERTIFIED LIST OF ABUTTERS 1�4U 2.S 19 8 7 TO THE PLANNING BOARD OF THE TOWN OF NORTH ANDOVER: The undersigned , being an applicant for approval of a Definitive Plan of a proposed subdivision entitled 9'c20r_VPg1&J ES-rAM& . submits the following sketch of the land in the subdivision listing the names of the adjoining owners in their relative positions and indicating the address of each abutter on the sketch or in a separate list, in- cluding owners of land separated from the subdivision only by a street . gnature of Applicant ddress /(/ 19 TO THE PLANNING BOARD OF THE TOWN OF NORTH ANDOVER: This is to certify th•t at the time of the last assessment for taxation made by the Town of North. Andover, the names and addresses of the parties ' assessed as adjoining owners to the parcel of land shown above were as �� above written , .except as follows , ssessor l9 � RECORDED BY A.TN A B U T T E R S L I S T CLIENT J.C. Farnum CV PAGE # 1 Thomas E. Neve Associates, Inc. JOB NO. 758 DATE 11-18-87 NAME OF ABUTTER - (OWNER) ADDRESS AND/OR MAILING DEED ASSESSOR'S PLAT COMMENTS ADDRESS BOOK/PAGE PLAT BLOCK LOT Sidney B. & Adele L. 247 Farnum Street 38 107A Coleman Howard M. & Alvina B.. - -277 Farnum Street 39 107A Thomson John J. & T. Yvonne 1084 Johnson Street 51 107A DeLisle N. Andover Bernice A. Fink P. O. Box 363 43 107A North Andover Farnham School 34 107A Boston Ski Hill Area Robert W. Dunn 148 107A Inc 18 Seery St. Boston Ski Hill Area a R149 107A David A. Higginbottom 250 Farnum St. 99 107A N. Andover Graham & Suzanne C. 62 Herbert Street 97 107A Copeland Arlington, MA 02174 George D. , Jr. & 280 Farnum St 96 • 107A Diane Kay Perna Paul D. Forte 10 Woodland Ave 95 107A Maureen C. Driscoll Lynn, MA 01940 SArthur L. Schmitt. Jr 416 Raleigh Tavern Lane 94 107A North Andover RECORDED BYA.T1J A B U T T E R S L I S T CLIENT_J.C.Flarnum N PAGE # 2 Thomas E. Neve Associates, Inc. JOB N0. 758 DATE 11-18-87 NAME OF ABUTTER _ (OWNER) ADDRESS AND/OR MAILING DEED ASSESSOR'S PLAT COMMENTS ADDRESS BOOK/PAGE PLAT BLOCK LOT Old. N.A. Realty Tr. C/o Ben Osgood 135 107A Old''Village Lane, NA Benjamin A. s John C Farnum 16 15 41 42 Probate 236985 J. C. Farnum 426 Farnum St. NA 40 Received by Town Clerk: u - n FORM A _Poiea +A� ELOOENDORSEMENT EAN IEVEDNOTTOREQUIREAPPROVAL May 1 . 19 87 To the Planning Board of the Town4of North Andover: The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law is--not required . The undersigned believes that such approval is notrequiredfor the following reasons : I. The division of land shown on the accompanying plan is not a sub- division because every lot shown thereon has the amount of frontage required by the North Andover Zoning Byi Law and is on a public way , namely, Salem Turnpike/Johnson St., or a private way, namely, being land bounded as follows : Northerly by: Land of Allen Easterly by: Johnson Street Southerly by: Johnson Street and Salem turnpike Westerly by: Salem Turnpike 2. The division of land shown on the accompanying plan is not a sub- division for the following reasons : This lot is a pre-existing non-conforming lot nndpr MGM rh anA Section 6 • 1612 204 3. Titlereference North Essex Deeds , Book2n39 Page 127 or 1177 148 Certificate of Title No . Registration Book ; _ Page Applicant 's Signature : Ow er's signature an ddress if not e a plicant: Applicant 's Address : /,"j g'. Received by Town Clerk : F Notice to APPLICANT/TOWN CLERK' of action of Planning Board on accompanying plan : 1. The North Andover Planning Board has determined that said plan 1 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 hast 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 . Very truly yours , NORTH ANDOVER PLANNING BOARD By k Date : I Trial Court of the Commonwealth — Office of the Chief Administrative Justice 4 ETY?E OR USE BALL POINT PEN — BEAR DOWN FIRMLY —$ I,:lief; 3 A�14 MASSACHUSETTS TRIAL COURT SUPERIOR COURT DEPARTMENT (� CIVIL ACTION COVER SHEET ESSeH LLriR 1''Si. �Y�'(To be flied with each Complaint,Counterclaim of CfowClalm) NO. 'LAINTIFF(S) pt tt DEFENDANT(S)FRANK SERIO,JR.,RICHARD J.TREPANIER, BEND AR ft ESQ. ,WILLIAM J.SULLIVAN,AUGUSTINE NICKERSON,& RAYMOND A. VIVENZIO, ESQ. 4TTORNEY(S)(Firm Name,Address,Tei.) ATTORNEY(S)(If known) Howard M. Bergerr Esq. BERGER,BERGER AND BERGER 90 Main Street 3§81iover, MA 01610 Tel: (617) 475-0756 'face an X in one box only ORIGIN ($ 1 Complaint ❑ 2.Counterclaim ❑ 3.Cross clalm ❑ 4.Removal to Sup.Ct. under G.L.c.231's104 , ❑ 6,Re-transfer to Sup Ct,under G L c.231,s102Ce ►:1 ' •• NATURE OF ACTION CONTRACT TORT(CONT'D) EQUITABLE REMEDIES(CONrD) O A01 Services,labor and materials O B13 Deceit(fraud-misrepresentation) ❑ 012 Dissolution of partnership O A02 Goods sold and delivered ❑ 614 Unfair competition Cl 013 Declaratory judgment, G.L.c.231A ❑A03 Commercial paper ❑ B15 Defamation(libel-slander) Most Other(specify) ❑ Aga Employment contract 13816 Invasion of privacy Under Chapter 40A r S 7 MISCELLANEOUS ❑ A05 Real estate broker's commission ❑ 817 Nuisance ❑ Eat Consumer protection,G.L.c.93A ❑ A06 Insurance contract ❑ 818 Trespass O E02 Appeal Ifom administrative agency, ❑ A07 Sale or lease of personal property O 699 Other(specify) G.L.c.30A O A06 Sale or tease of real estate REAL PROPERTY O E03 Action against Commonwealth or Cl A" Other(specify) O Cot Land taking(eminent domain) Municipality.G.L.c.258 TORT O CO2 Zoning appeal,G.L.c.40A O E04 Taxpayer suit,G.L.c.40,s.53 ❑ 601 Assault and battery O CO3 Dispute concerning title O E05 Confirmation of arbitration awards, Q 802 False imprisonment O (04 Foreclosure of mortgage G.L.c2.51 ❑ B03 Motor vehicle negligence-personal O C92 Other(specify) D E06 Massachusetts Antitrust Act,G.L.c.93 injury/property damage O E07 Governor's rendition warrant EQUITABLE REMEDIES (3 E08 Appointment of receiver O 604 Other negligence-personal injury/ 13DOl Specific performance o1 contract 0 F09 General contractor's surety bond, property damage ❑ 002 Reach and apply,G.L.c.214,s.3(6)-(9) ❑ 805 Products liability G.L.marry process ap ❑ 003 injunction O F10 Summary process appeal O 806 Malpractice-medical ❑ 004 Reformation or cancellation of 13 Sol Malpractice-other ❑EWorkman's Compensation instrument O E12 Small Claims Appeal (specify) ❑ Dos Recovery of personal property 13908 Wrongful death,G.L.c.229,0AO E13 Labor Dispute ❑ 604 Interference with contractual or tb replevin) O E14 Chapter 123A Petition—SDP 0000 Contribution butiti on or indemnification O FIS Abuse Petition,G.L.c209A advantageous relations 0007 Imposition of trust 0010 Intentional or negligent infliction of O E1Auto Surcharge Appeal ❑ D08 Minority stockholder's suit O E177 Civil Rights Act,G.L.c.12,ss.i1H-I emotional distress ❑D09 Trade secret or confidential information 0011 Malicious prosecution-abuse of process O D10 Accounting O E99 Other(specify) ❑ 612 Alienation of attections ❑ Oil Enforcement of restrictive covenant Is this a jury case? Yes ❑ No V Is this a class action? Yea ❑ No X) Are money damages sought? Yes ❑ No V If yes, state amount specified in your demand for judgment. $ If yes, but not specified as to amount,do you contend that if you prevail,there is a likelihood that recovery will exceed$7,500? Yes ❑ No ❑ SIGNATURE OF RNEY OF RECORD DATE: OFFICE USIE O -DO NOT WRITE'BE THIS LINE) RECEIVED a BY: DATE: P PC i+a BERGER, BERGER AND BERGER FIL t ` � JVEL R ATTORNEYS AT LAW 80 MAIN STREET MAO 4 -I o AM '82 ANDOVER, MASSACHUSETTS 01810 1111 TT U o(. J. JOHN BERGER TELEPHONES HOWARD M. BERGER 7 (617) 475-0756 CARL W. BERGER March 4 , 17(�82 (517) 683-2494 Town Clerk Town Hall 120 Main Street North Andover, MA 01845 Re ; Benjamin Farnum VS . Frank Serio, Jr. , et als Gentlemen: Enclosed please find Complaint in the above-captioned matter. This Complaint was filed today in the Essex County Superior Court. Sincerely yours , BERGER, BERGER AND BERGER Lwajrd M. Berger g Enc. CC: Mr. Benjamin Farnum RECEM-0 DAN tiRdG To*,A K COMMONWEALTH OF MASSACHUSMW +' '-OYER Essex, ss. MAR 4SuPAIN11turt Docket No. * * * * * * * * * * * * * * * * * * BENJAMIN FARNUM Plaintiff * VS. * FRANK SERIO, JR. , RICHARD J. * COMPLAINT PURSUANT TO TREPANIER, ESQ. , WILLIAM J. * G.L. CHAPTER 40A, SULLIVAN, AUGUSTINE NICKERSON, * SECTION 17,AS AMENDED AND RAYMOND A. VIVENZIO, ESQ. Being Members for the Board of 3 • Appeals of the Town of North " Andover, Massachusetts g a Defendants m � W � O 0 0 a o W 1. The Plaintiff, Benjamin Farnum, is an adult individual, and the owner of real estate located in North Andover, Essex W a County, Massachusetts, known as "Boston Hill" , and located off a a Boston Street, in the Town of North Andover. Plaintiff' s a f residence and mailing address are 1370 Turnpike Street, North W Andover, Essex County, Massachusetts. W W z 2 . The Defendants , Frank Serio, Jr. , Richard J. Trepanier, Esa. , M a William J. Sullivan and Augustine Nickerson are regular members w W of the North Andover Board of Appeals. The Defendant, Raymond a A. Vivenzio, Esq. , is an associate member of said Board. The W Board of Appeals is an Agency of the Town of North Andover, M Z with an office located at the North Andover Town Hall, North Z 0 Andover, Essex County , Massachusetts. m 3. Jurisdiction of the Court is pursuant to Massachusetts General Laws, Chapter 40A, s17 , and the general equity jurisdiction of the Court. 4 . On or about December 22, 1981, the Defendants filed with the Board an Application for relief from requirements of the Zoning Ordinance. The said Application requested that the Board extend a Special Permit granted originally by the Zoning Board of Appeals in 1957 and change the name of the Petitioner in the Special Permit Grant from the Massachusetts Institute of Technology to Benjamin Farnum. 5. Following the Application of the Plaintiff, the Board of Appeals held a Public Hearing on or about Monday, January 11, 1982 . 6 . At the Public Hearing, Plaintiff requested by his original Petition and Affidavits supplementing his Petition that he be allowed to continue the use originally granted in a 1957 Special Permit, which would allow the continuance of towers to the height of one hundred, forty (140) feet at the site. Plaintiff sought to substitute his name as land owner in the Special Permit, where formerly Mitre Corporation and Massachusetts Institute of Technology had been the Petitioner, as tenant of Plaintiff' s predecessor in title. Plaintiff at the Hearing by Affidavit and supporting documents , presented evidence that the continuance of the use was in no way detrimental to or inconsistent with the Special Permit authority, or the Zoning By-Laws as a whole. At the Hearing, $ no opposition was entered into the record. gf 7 . Evidence and exhibits presented to the Board for the record at a m its January 11, 1982 Hearing indicated compliance with all provisions of Section 10.31 of the Zoning By-Laws . W rc 3 8 . In making its decision, the Defendant Board exceeded its F - authority as set forth in the Zoning By-Law, and as more a u; specifically set forth in provisions contained in 10. 31 for W W approval of a Special Permit due to the fact that Plaintiff had provided more than adequate evidence of his compliance W u with the requirements to obtain or extend a Special Permit. m N Z a 9 . In making the said decision, the Defendants exceeded their a £ authority, as set forth in the Zoning By-Law. rc � 0 00 10. As the result of the Defendants ' illegal action, the M zz Plaintiff has suffered substantial damages, including but not M a limited to the loss of rental income from the premises. d � W W M N WHEREFORE, the Plaintiff prays for Judgment as follows: w m z 1. Annulment of the decision of the Defendant Board. e s 0 2. An Order compelling Defendant Board to issue a Special Permit allowing the requested use of the Plaintiff. BENJAMIN FARNUM By H' s Attorney I1Howar M. Berger, Esq $ERGER, BERGER AND BE ER 90 Main Street Andover, MA 01810 Tel : (617) 475-0756 Dated: 2 - y►1;ORTH Any appeal shall be filed o F TAN �Y� � ��. within (20) days after the .. 18SS :,` date of filing of this Notice hOn ii ` i�\'ER :S actio {,• in the Office of the Town FEB 11 1105 AIS 11 Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION February 17 , 1982 Date . . . . . . . . . . . . Petition No.. . . . . . . . . . . . . . . . • • • • . . Date of Hearing. .Jan u a ry 11 , 19£3 2 Benjamin Farnum . • Petition of . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected Land on theWest side of _Boston St , . a.nd. ,kno��n. ,as, .Bps,ton Hill Referring to the above petition forYaxaiifaiY+iXXrx� kS&(l(eY�l4 &bi( �(d(fxtid an .e.xtens ion of a Special . Permit .and a. name change. from 11iT. .to, .Benj ani n Farnum . . . ... . . . . so as to permit . a chanoe . in. .the . use. .of commun.ica-tion . equ.ipment- .located on the .hi.11.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . pEtlY. . . . . the e x t e n s i on and n a m e. . c h_a n ge Al4d �E ��()E e�EI�3ldafl�)fh 4 xd(XaAd(14 x fax Signed Frank. Se.r. io., . Jr . .,. .Ch.airman. . . . . . . . Richard. .J .. Tre.panler, . Esq.. , . C.lerk ATTEST: William j . . ,S u l.1.i v a n. . . . . . . . . . . . . . . . AA True Copy fi.ugustine _ W... . id.i,ckerson. . . . O"w Town Clerk Raymond. A. . .V7v.enz.i.o,. . Es.q , Board of Appeals 4 F � NORTq Rr ',.CESV DA41EL LONG T G'r`'! C I R K • r NORTH AN04YER • F FEB 17 11 OS A% a *cb4 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS February 17 , 1982 Benjamin Farnum 1370 Turnpike Street Premises Affected : Boston Hill Petition No . 2 - 182 Mr. Daniel Lona , Town Clerk Town Office Building North Andover , Mass . 01845 Dear Mr. Long : The Board of Appeals held a public hearing on Monday evening , January 11 , 1982 upon the application of Benjamin Farnum. The hearino was advertised in the North Andover Citizen on December 24 , 1931 and January 7 , 1982 , and all abutters were notified by regular mail . The following members were present and voting : Frank Serio , Jr. , Chairman ; Richard J . Trepanier , Esq . , Clerk ; William J . Sullivan ; Augustine W. Nickerson ; and Associate Mem- ber Raymond A . Vivenzio , Esq . The petitioner seeks approval to extend a Special Permit granted by the Board of Appeals in 1957 and approval to change the name on the Permit from Massachusetts Institute of Technology to Benjamin Farnum. The petitioner testified , through counsel , that a Special Permit was granted in 1957 to MIT to extend the heiaht of a radar tower beyond the requirements of the Toning By Law. At that tine, the tower was an allowed use in the Rural Residential District of the town . The premises affected are land on Boston Street known as Boston Hill . In 1957 , the radar and tower were necessary for the Defense Early Warninn system of the country . RECEiY=p Benjamin Farnum -8.4;;+�! �;�4G Petition No . 2 - ' 82 NOfi?i: ; �;"CVER The petitioner further tes }} d hat the radar tower is no longer an allowed use according TJE Z p e&'eAglgovisions of the Zoning By Law , thus making the use of the tower a non -conforming use , as well as a non-conforming structure . Since the proposed use of the hill would change from research to predominantly commercial , and the name from MIT to Benjamin Farnum , a review by the Board of Appeals is required . The radar atop the tower was removed several years ago . Mr. Farnum is requesting the extension and the name change because two private corporations , Rollins Cablevision and Eastern Micro- wave , wish to utilize the hill and the structures located thereon . 11IT, the original applicant, stated that it would like the hill to continue to be available to it , as needed , for research and experiments . After a lengthy discussion between Mr. Farnum ' s attorney , the Board, and the Building Inspector , the Board voted unanimously to take the matter under advisement. On February 8 , 1982 at their regular meeting , the. Board again re- viewed Mr. Farnum 's petition . Chairman Serio passed the chair to Member Trepanier. A motion was made by Mr. Serio to grant the continuance of the Special Permit and change the name from MIT to Benjamin Farnum with the conditions that the Permit would be for MIT, Rollins Cablevision , and Eastern Microwave only and that the frequencies normally associated with residential television reception would not be interfered with . Mr . Sullivan seconded the motion , which failed 3 to 2 , with Members Serio , Trepanier, and Sullivan voting in favor and Members Nickerson and Vivenzio opposed. After Mr. Serio resumed chairmanship , a motion was made by Mr . Trepanier and seconded by Mr. Sullivan to reconsider the motion to grant the request . The motion to reconsider passed unanimously . After further discussion , a vote was called for on the original motion to grant the request with the same conditions . Members Serio , Trepanier , and Sullivan again voted in favor and Members Nickerson and Vivenzio again were opposed . Therefore , the request is denied . The Board finds that the continuance or extension of the Special Permit would unduly prolong the life of the non-conforming use of the premises . The Board further finds that the non -conforming structure has long since reached the end of its useful life as contemplated under the terms and conditions of the 1957 Special Permit , being national defense orientated , that the same may now be removed at no cost to the petitioner. under the terms of the original lease , and that the continuance of the Special Permit would unduly prolong the existence of this non-conforming structure . Sincerely , Frank Serio , Jr. , Chairman J�� 1t Recei -ed by Town Clerk : FORM A r. APP4'GATION FOR ENDORSEMENT OF PLAN ,j�BftIkVED NOT TO REQUIRE APPROVAL May 1 19 87 i To the Planning Board of the Town* of North Andoveri The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law isnot required . The undersigned believes that such approval is not .required for the following reasons : I . The division of land shown on the accompanying plan is not a sub- division because every lot shown thereon has the amount of frontage required by the North Andover Zoning By Law and is on a public way , namely , Salem Turnpike/Johnson St., or a private way, namely , being land bounded as follows : Northerly by: Land of Allen Easterly by: Johnson Street ^ Southerly by: Johnson Street and Salem turnpike Westerly by: Salem Turnpike 2. The division of land shown on the accompanying plan is not a sub- division for the following reasons : This lot is a org-existing --non-conforming lot- ❑nd,-r MGG' rh dna Section 61612 0 , 3. Title reference !North Essex Deeds , Book2o39 Page 127 or Certificate of Title No . 1177 148 Registration Book ; Page Applicant 's Signature : Owner 's signature and address if not the applicant : Applicant' s Address : } Received by Town Clerk : i i Notice to APPLICANT/TOWN CLERK' of action of Planning Board on # accompanying plan : j I. 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 . q 2 . The North Andover Planning Board hast determined that said plan shows a subdivision , as defined by G.L . c . 41 , S . 81-L , and j' must therefore be re-submitted to it for approval under the i Subdivision Control Law. i u ' ji Very tru ,- yours , j' NORTH ANDOVER. PLANNING BOARD I; I� 1� i� By . s ;t Date : I , TOWN OF NORTH ANDOVER i L DAVML LONG, Town Clerk TO1WIN' BUILDING �`.S�,CµI�SE? ELECTTON DE?'ARTISENT NORTH ANDOVER. ATASS. 0284'5 June 2�, , 1987 To '-'Om it I:zv Concern: The To-,,r. Clerk has not received signed conies of the attached fors frog: the Planning Board, I;crth Andover. E ier. '-u -nri'-_e/Johnson 8t. -1-ooh street rzj L4T.a �. �1 1 n_e- 1:-nom, _�iT {'V erg_ EL/11 H°RrH TOWN OF NORTH ANDOVER o"„.,,.>..�9 DANIEL LONG, Town Clerk TOWN BUILDING 9SSACHOSE� ELECTION DEPARTNMNT NORTH ANDOVER, MASS. 01645 June 24, 1967 o 1'.1:017 it :'av Concern: TI.-.e Town Clerk has not received sibned con_es of the attached forws from the Planning; Board, 1;ort] Andover. Saler: Turnri:_e/Johnson St. Frock Ftreet 11-12 Dani ell Long, Tc,::-n Cler.' �?L/11 LAW OFFICES OF REGINALD L. MARDEN, P.0 .Ncl,..'�' 23 CENTRAL STREET ANDOVER, MASSACHUSETTS 018L 43 137 REGINALD L.MARDEN(MASS.,N.H,&ME.) (617)470-0477 NASHUA OFFICE MARK B.JOHNSON(MASS.&N.H.) GEORGE A.RAND 11 TRAFALGAR SQUARE KENNETH A.COSSINGHAM(MASS.&N.H.) AMHERST STREET DAVID J.BEGLEY NASHUA.N.H.03063 VINCENT W.YOUMATZ(MASS.&N.H.) (603)680-8644 LINDA A.O'CONNELL JOHN F, DAVIS June 30, 1987 Town Clerk Town Hall North Andover, Massachusetts 01845 Re: Benjamin Farnum Zoning matter Dear Sir or Madam: This office represents Benjamin Farnum with reference to a Form A application for approval of a plan not believed to require endorsement of the Planning Board, known as "Plan of Land of John C . Farnum, North Andover, Mass . , dated February 11, 1957", which plan was submitted to your office on May 1, 1987. A copy of the stamped Form A application is enclosed. The Town Clerk' s records show that no written notice of the determination of the Planning Board that this Plan requires subdivision approval was filed with your office . Therefore , under the provisions of General Laws Chapter 41, Section 81 (p ) , said Plan is deemed to be approved. This letter is to make demand that you issue the appropriate certification for this Plan in accordance with Chapter 41, Section 81 (p ) . If you do not have the Plan, please advise and I will meet with you to provide an appropriate Plan for such endorsement . LAW OFFICES OF REGINALD L. MARDEN, P.C. Town Clerk, North Andover June 30, 1987 Re : Benjamin Farnum Page 2 I would suggest the following language in your endorsement. "I , Daniel Long, Town Clerk of the Town of North Andover, Massachusetts , hereby certify that this Plan was submitted to the Planning Board of the Town of North Andover, on May 1, 1987 . I further certify that said Planning Board failed to take any action on this Plan within fourteen ( 14) days after the submission of this Plan, by notifying the Town Clerk' s office in writing, and, therefore, I hereby certify that in accordance with General Laws , Chapter 41 , Section 81 (p) that approval of this plan of the subdivision control order is not required. " Ve01naL. arden RLM/mlb Enclosure CC ' Benjamin Farnum LAW OFFICES OF REGINALD L. MARDEN, P.C. 23 CENTRAL STREET ANDOVER, MASSACHUSETTS 01810 (617) 470-0477 REGINALD MARDEN(MASS.,N.H.&ME.) �� L MWSH OFFICE MARK B.JOHNSON(MASS.&N.H.) 11 TRAFALGAR SQUARE GEORGE A.RAND KENNETH A.COSSINGHAM(MASS.&N.H.) AMHERST STREET DAVID J.BEGLEY NASHUA,N.H.03063 VINCENT W.YOUMATZ(MASS.&N.H.) (603)B80-8844 LINDA A.O'CONNELL JOHN F.DAVIS June 30, 1987 Town Clerk Town Hall North Andover, Massachusetts 01845 Re : Benjamin Farnum Zoning matter Dear Sir or Madam: Further to our letter to you on the above-captioned matter dated June 29, 1987, a correction needs to be made as to the date on which the plan was filed. The enclosed letter is the correct letter and supersedes the one of yesterday' s date . Very my rs , Re d L. Marden RLM/mlb Enclosure ` C G O.1. ' -. FORM A APPLICATION FOR EhDORSEKEHT OF PLAN ti BELIEVED NOT TO REQUIRE APPROVAL May 1 19 87 �'th Andover : To the Planning Board of the Town of No. requests 8 The undersigned wishes to record approvalthe mbynitnundernthedSubdivision determination by said Board that app approval Control Law is not required . The undersigned believes that such is not required ;or the following reasons : 1 . The division of land shown on the accompanying plan is not a sub- division bectheeeverNorthyAndoverlot 5oZoningwn r6}inLawsandeismonna public t of nway , - namely , y or a private way , namely, namely , � rra� being land bounded as follows : i i Northerly by Farnum Street - i i Strc� — j �sterly by BroQ1L S uth rlv by Turnpike Street of Bostoll Hill Ski Area Fink and Tho---- We. terly by land 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : All lots conform to Zoning By-Law and Subdivision Rules and . I Regulations . e or 3. Title reference Forth Essex Deeds , Dook page 8 — 1177 Certificate of Title fio • P,egistration Book Pzge Owner ' s signature Applicant ' s Signature : and address if not the app cant: Applicant ' s Address : .f T ��Z,C1✓rel- A True CoP7 Town Clerk ;ivied by Town Clerk : - i I i E;otice to APPLICANT/TOWN CLERK of actionvof Planning Board on r.ccompanying plan I 1 . The North Andover Planning Board has determined that said plan ' _ does not require appror -il under the Subdivision Control Law , and the appropriate endorsement has been made upon the same . 2 . The North Andover Planning Board hasideternined that said plan I as defined by G . L . c . 41 , S . 81 -1 , and shows a subdivisio , r„ust thn- refore be re -submitted to it for approval under the Subdivision Control Lax . Very truly Yours , NORTH r,NDOVER PL'N' ING BOArl By : Date : i M i Received by Town Clerk : 1r` FORM A APPLI:6ATI0N FOR ENDORSEMENT OF PLAN , gtOtVED NOT TO REQUIRE APPROVAL - - May 1 19 E7 To the Planning Board of the Town• of North Andover: The undersigned wishes to record the accompanying plan and requests a determination 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 : i - i 1 . The division of land shown on the accompanying plan is not a sub- division because every lot shown thereon has the amount of frontcge required by the North Andover Zoning B.M Law and is on a public way , • namely , Salem Turnpike/Johnson St_, or a private way , namely , being land bounded as follows : Northerly by: Land of Allen Easterly by : Johnson Street Southerly by: Johnson Street and Salem turnpike Westerly by: Salem Turnpike 2. The division of land shown on the accompanying plan is not a sub- division for the following reasons : This lot is a pre-exi tinq non-conforming lot- under M('7 Ch 40A Section 6 1612 204 3. Title reference Horth Essex Deeds , Bookz039 Page 177 or Certificate of Title No . 1177 148 Registration Book , Page ' Applicant ' s Signature : Owner 's signature and address if not the applicant : _•� Applicant' s Address : Received by Town Clerk : 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 hasfdetermined that said plan shows a subdivision , as defined by G . L . c . 41 , S . 81 -L , and ed to it for approval must therefore be re-submittunder the Subdivision Control Law - Very trul � yours , f NORTH ANDOVER. PLANNING BOARD h �! By Date : �I ` LAW OFFICES OF REGINALD L. MARDEN, P.C. 23 CENTRAL STREET ANDOVER, MASSACHUSETTS 01810 REGINALD L.MARDEN(MASS.,N.H. 8 ME.) (617) 470-0477 NASHUA OFFICE MARK B.JOHNSON(MASS.8 N.H.) GEORGE A.RAND 11 TRAFALGAR SQUARE KENNETH A.COSSINGHAM(MASS.&N.H.) AMHERST STREET DAVID J.BEGLEY NASHUA,N.H.03063 VINCENT W.YOUMATZ(MASS.&N.H.) (603)880-8844 LINDA A.O'CONNELL JOHN F.DAVIS June 29 , 1987 CERTIFIED MAIL-RETURN RECEIPT REQUESTED Town Clerk Town Hall C__ North andover, Massachusetts 01845 - Re : Benjamin Farnum Zoning Matter Dear Sir or Madam: -w This office represents Benjamin Farnum with reference to a Form A application for approval of a plan not believed to require endorsement of the Planning Board, known as "Plan of Land of John C. Farnum, North Andover, Mass . , dated February 11, 1957', which plan was submitted to your office on May 12, 1987. A copy of the stamped Form A application is enclosed. The Town Clerk' s records show that no written notice of the determination of the Planning Board that this Plan requires subdivision approval was filed with your office . Therefore , under the provisions of General Laws Chapter 41, Section 81 (p ) , said Plan is deemed to be approved. This letter is to make demand that you issue the appropriate certification for this Plan in accordance with Chapter 41, Section 81 (p ) . If you do not have the Plan, please advise and I will meet with you to provide an appropriate Plan for such endorsement . r LAW OFFICES OF REGINALD L. MARDEN, P.C. Town Clerk June 29, 1987 Re : Benjamin Farnum Page 2 I would suggest the following language in your endorsement" "I , Daniel Long, Town Clerk of the Town of North Andover, Massachusetts , hereby certify that this Plan was submitted to the Planning Board of the Town of North Andover, on May 12, 1987 . I further certify that said Planning Board failed to take any action on this Plan with fourteen (14) days after the submission of this Plan, by notifying the Town Clerk' s office in writing, and, therefore, I hereby certify that in accordance with General Laws , Chapter 41, Section 81 (P) that approval of this plan of the subdivision control order is not required ." VeWinal ly y s , ReL. Marden RLM/mlb cc : Benjamin Farnum Enclosure �L ; c'd by T wn Clerk : FORM, A APPLICATION OO BELIEVEDNOTTOEREEQUIREEAN APPROVAL May 1 , 14 87 To the Planning Board of the Town' of North Andover: The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision oval Control Law is - not required . The undersigned believes that such app is not required ;or the following reasons : I . The division of land shown on the accompanying plan is not a sub- division because every lot shown thereon Lhas andthe iamonnt of fronwaye e required by the North Andover Zoning or a private way , namely, namely , Brook St-T-0--t being land bounded as follows : i Northerly-bNortherly- bv Farnum Street - Easterly by Brook Street southQrlv by Turnpike Street _Westerly by land of Boston Hill Ski Area Fink and homson 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : All lots conform to Zoning By-Law and Subdivision Rules and I� Regulations . or Page 23g�- _: 3. Title reference Forth Essex Deeds , book 1��� Pa g 148 Certificate of Title Igo . , Registration Book Fr:ge Applicant ' s Signature : Owner' s signature and address if not -the aPP cant : r Applicant ' s Address : J ,��l,�flyjr� ��• ATTEST lL1d ' A True Copy N Town Clerk s jv ed by Town Clerk : I - I I fiotice 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 approv-1 under the Subdivision Control Law , end the appropriate endorsement has been made upon the same . 2 . The North Andover Planning Board hasidetermined that said plan shows a subdivision , as defined by G .L . c . 419 S . 81-L , and must therefore be re-submitted to it for approval under the Subdivision Control Law . Very truly yours , NORTH ANDOVER PLANNING BOARD + By : Date • I � 4 FORM B APPLICATION FOR APPROVAL OF A PRELIMINARY PLAN May 1 • 19 87 To the Planning Board of the Town of North Andover: The undersigned• being the applicant as defined under Chapter 419 Section 81—L• for approval of a proposed subdivision shown on a plan entitled Brookview Estates By Thomas E. Neve Associates, Tnc. dated _pr; 1 2A • 19 $Z being land bounded as follows: Northerly by Farnum Street _ Ra ct nrlcr }�� Rr��Y Cry-.•QQ� Southerly by Turnpike Street Westerly by land of Boston Hill Ski Area Fink and Thomson hereby submits said plan as a PRELIMINARY subdivision plan in accordance with the Rules and Regulations of the North Andover Planning Board and makes application to the Board for approval of said plan. Title reference: North Essex Deeds, Book 20309 Page 325; or Certificate of Title No. • Registration Book • Page.; or Other: Book 1612, Page 204 Book 1177, Page 148 t•a signatures/� � 'NUNI Received by Town Clerk: Date: Applicant's address JT Times �i�/�1,� l�1'1cc-�-✓ Signature: Owner's signature and address if not the applicant: Notice to APPLICANT/TOWN CLERIC of Action of Planning Board on preliminary Subdivision Plan entitled: By: dated 1. The North Andover Planning Board has tentatively approved said plan, with- out any modifications thereof. 2. The North Andover Planning Board has disapproved said plane for the following reasons: 3• The North Andover Planning Board has tentatively approved said plan subject to the following modifications thereof: Very truly yours, NORTH ANDOVER PLANNING BOARD By Dates / I FORM S TOWN CLERK 'S CERTIFICATE OF PRELIMINARY/DEFINITIVE PLAN SUBMISSION THIS IS TO CERTIFY THAT ON 19,427 I RECEIVED FROM _ygg i5 J�1?/ Il J , � /U6t/1iJ A. PRELIMINARY/DEFINITIVE SUBDIVISION PLAN ENTITLED: S7;qTfss TRUE COPY ATTEST : Town Clerk FORM E CERTIFIED LIST OF ABUT U RS 199 TO THE PLANNING BOARD OF THE TOWN OF NORTH ANDOVER The undersigned , being an applicant for approval of a Definitive Plan of a proposed subdivision entitled submits the following sketch of the land in the subdivision listing the names of the adjoining owners in their relative positions and indicating the address of each abutter on the sketch or in a separate list , in - cluding owners of land separated from a ubdivision only by a street . Sig re ofApp] ica�t h R t h Vim'' r rl lJ✓yy\ '197�R44t J7-- I Address lg TO THE PLANNING BOARD OF THE TOWN OF NORTH ANDOVER : This is to certify that at the time of the last assessment for taxation made by the Town of North Andover , the names and addresses of the parties assessed as adjoining owners to the parcel of land shown above were as above written , except as follows : Assessor A B U T T E R S L I S T CLIENT Benjamin G. Farnum RECORDED BY D. L. Burnham PAGE #_,_.of 1 Thomas E. Neve Associates, Inc. JOB NO. 758 DATE 5/1/87__ NAME OF ABUTTER . (OWNER) ADDRESS AND/OR MAILING DEED ASSESSOR'S PLAT COMMENTS ADDRESS BOOK/PAGE PLAT BLOCK LOT Boston Hill Ski Area C/o Robert W. Dunn 07A-148 18 Seery Street Malden, MA 02148 Bernice A. Fink P. O. Box 363 107A-43 No. andover, MA 01845 Howard M. & Alvina B. Thomson 277 Farnum Street 107A-39 Andover-.-MA John C. Farnum 426 Farnum Street 107A-40 No. Andover, MA i f � Received by Town Clerk : Notice to APPLICANT/TOWN CLEW 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 hasl 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. ; =s Very .truly yours , NORTH ANDOVER PLANNING BOARD `'' 8y: Date: Received by Town Clerk : FORM A • APP CATION FOR ENDORSEMENT OF PLAN ! EVED NOT TO REQUIRE APPROVAL May 1 . 19 87 To the Planning Board of the Town' of North Andover: The undersigned wishes to record the accompanying plan and requests a determination 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 : I. The division of land shown on the accompanying plan is not a sub- division because every lot shown thereon has the amount of frontdge required by the North Andover Zoning By► Law and is on a public way , . namely , monk C+rept , or a private way, namely, , being land bounded as follows : Northerly by. Farnum Street Easterly by Brook Street -Southerly by Turnpike Street —Westerly by land of Boston Hill Ski Area Fink and Thomson 2. The division of land shown on the accompanying plan is not a sub- division for the following reasons : All lots conform to Zoning BV-Law and Subdivision Rules and Regulations • 3. Title reference North Essex Deeds , Book Pageor 1177 148 Certificate of Title No. Registration Book ; Page Applicant 's Signature : Owner 's signature and address if not Sapp cant: Applicant 's Address : _ 39 7 Of NORTH TOWN OF NORTH ANDOVER 4. taco qH. 4< °. O hQ F DANIEL LONG, Town Clerk TOWN BUILDING 9'SS5E� ELECTION DEPARTMENT NORM ANDOVER. MASS. 01845 June 24, 1987 To Whom It bray Concern: The Town Clerk has not received signed conies of the attached fouls frog, the t lanning Board, North Andover. Salem Turnpike/Johnson St. ':'rook Street Daniel Long, Town Clerk' DL/11 *y Any appeal shall be filed ryti NonThR� within (20) days after the 3;a�ue�uurt4°g� date of filing of this Notice A^^«7M ;PV: In the Office of the Town meq. + 31853 ,` Clerk. ., R ACHUS F�*vtrv�'� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION July 23 , 1982 Date . . . . . . . . . . . . . . . . . . . 22 ' 82 Petition No.. . . . . . .. . . . . . . . . . . . . . . Date of Hearing. . . JY n e 14 , 1.9.8 2 Petition of . . .Q E N JA pt I N. . F A.i?N U.h!. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . East. si.de. .of. .Gos_ton. ,Stree.t . ( Title derived from the Estate of John C . Farnum , Essex Probate No . 350363) Referring to the above petition for a #&jjhXibft l r)bAV&6 iAbi djt5y,6fxthg . . . e -a.p p 1.i. C a.t i o n under Section . 10. , , .P.aragra.ph. .10...8 . of, .the. .Zon.i. n.g . By— L.aw. . . . . . . . . . . . . . . . soastopermit the extension o.f. t.he, _Speci,a.l . Permit, .and .na,me. _cha,nge. _ to. .same permit granted in 1957 . After a public hearing given on the above date, the Board of Appeals voted to . . . .GRANT. . the change o f. .n a m.e . an . the .1957. dreti�cSl1o�iac�btec B�aiidgc�� artavc to exec a x decision t ► txtR . . . _ . . . . . . . . . . . . . . . . . box��Cec�a#ttwt��a x�f c�bax�� rb�se�xup������1i�xc�P��#��sx x Signed Frank Serio , Jr . , Chairman Alfred E . Frize11e , Esq . , Vice Chairman Richard J . Trepanier , Esq Clerk William J . Sullivan Augustine W . Nickerson Board of Appeals Any appeal shall be filed NOp7„ within (20) days after the ! Fr t .„_ °•"`° '•'. ° date of filing of this Notice D,AN 1; TC '= in the Office of the Town H0F2 Clerk. �y nr U �1 s� JUL r� 04 RM to? cNus TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS July 23 , 1982 Benjamin Farnum Boston Hill Petition No . 22- ' 82 Mr . Daniel Long , Town Clerk Town Office Building North Andover , Mass . 01845 Dear Mr. Long : The Board of Appeals held a public hearing on Monday evening , June 14 , 1982 upon the application of Mr . Benjamin Farnum. The hearing was advertised in the North Andover Citizen on May 20 and 27 , 1982 and all abutters were notified by regular mail . The following members were present and voting ; Frank Serio , Jr. , Chairman ; Alfred E . Frizelle , Esq . , Vice Chair- man ; Richard J . Trepanier , Esq . , Clerk ; William J . Sullivan ; and Augustine W . Nickerson , The petitioner seeks a re-application under Section 10 , Para- graph 10 . 8 of the Zoning By Law so as to permit the extension of the Special Permit and name change to same permit , granted in 1957 on the premises located at the East side of Boston Street and known as Boston Hill . The land in question is the subject of a former decision of the Board of Appeals dated February 20 , 1957. On February 20 , 1957 , upon the petition of Massachusetts Institute of Technology , lessee , the Board of Appeals granted a variance to permit the erection of certain radar towers for research and experimental purposes to a height in excess of that permitted by Section 8 of the then Zoning By Laws , entitled "Building Height Permitted" . Said decision is on file with the Town Clerk . Within the body of the decision , as filed by the Board , on Page 5 , the Board unanimously to "grant a Special Permit as applied for by the Institute in its petition dated January 9 , 1957 upon certain conditions " . ' RECFIVf.D Petition No . 22- ' 82 DANIEL LONG Benjamin Farnum TOWN '=LrRK July 23 , 1982 NORTFI ANDOVER Page 2 JUL 23 t2 04 PM V The petitioner has applied to the Board for a Special Permit to clarify and confirm a use that was already allowed under the 1957 decision on the petition of the Massachusetts Insti - tute of Technology . In a petition to this Board on December 22 , 1981 , there was a determination by the Board to deny Mr. Farnum a Special Permit . That determination made specific findings that "the use of the tower was a non-conforming use and a non- conforming structure Subsequent to that denial , Mr . Farnum has again appeared before the Board after receiving timely approval of the Planning Board , at which time he alleged there was a change of circumstance . Specifically , that on April 1 , 1982 , MITRE Corporation , a cor- poration owned by MIT , abandoned the structure to the petitioner who is the sole owner of the land and the structure . Upon a motion made by Mr. Sullivan and seconded by Mr . Frizelle , the Board voted four to one to grant a change of name on the 1957 Board of Appeals decision . Review and research on the 1957 decision has indicated that the decision was a "variance " even though it was erroneously referred to as a "Special Permit " in the body of the decision and in the present and previous petitions to this Board . The Board grants a Special Permit so that the petitioner may now change aspects of the original variance grant in a minimal manner . Specifically , attached to the concrete tower there can be antenna and transmitting dishes , not to exceed a total height of 140 feet . These minimal changes would extend the rights already granted by the variance , and clarify the peti - tioner ' s rights and ability to use the variance originally granted to MIT . Authority of this Board to act in this manner is derived under the provisions of the North Andover Zoning By Law at 9 . 1 and 9. 2 , and under the Special Permit provisions contained at 10 . 31 . This decision essentially clarifies and confirms the variance originally granted . By way of footnote , it is further pointed out that the origianl legal notice on the 1957 variance requested a variance and not a Special Permit . In granting this Special Permit , pursuant to Section 9 . 1 of the Zoning By Law , the Board finds that the proposed change , adding antenna and transmitting dishes to the existing concrete tower not to exceed a total height of 140 feet , is not substantially more detrimental than the existing non -conforming use to the neighborhood . The neighborhood in question is on top of Boston Hill , which is presently an R-2 zone . There are no houses abutting the premises , which abuts a GB zone , where the Boston Hill Ski Slope operates . RECEIVED DANIEL _: iNG Petition No . 22- ' 82 TO0 "K Benjamin Farnum NORTH L�GVER July Page 33 ' 1982 JUL 23 12 04 FM T The Board finds that the change is indeed minimal and therefore allowed . Further , the Board , in reviewing the conditions set forth in Paragraph 10 . 31 , Subsections ( a ) , ( b ) , ( c ) , and (d) , have been satisfied ; and , more particular , that the use is in harmony with the general purpose and intent of the Zoning By Law, subject to the conditions that only MITRE Corporation , Eastern Microwave , Inc . , and Rollins Cablevision , Inc . be allowed to place said antenna and dishes on said structure . Said corporations may not lease , sell , or otherwise transfer their rights to any other party . In addition , frequencies normally associated with the residential television reception will not be interferred with . Sincerely , BOARD OF APPEALS Frank Serio , Jr . , Chairman AEF/jw ,10 RTF, Ot +,'fO O � • ' ; " JOYCE. EnAG~ ';AW ` TOWN CLERlx 4SS'�CN�S�S NORTH ANDOVER TOWN OF NORTH ANDOVER JuH 3 1U ug AM `bb MASSACHUSETTS 1 BOARD OF APPEALS Any appeal shall be filed within(20)days after the date of filing of this Notice in the Office of the Town Clerk. NOTICE OF DECISION PROPERTY: Boston Hill NAME: Sprint Spectrum L.P. I DATE: 6/1/98 ADDRESS: 1 International Blvd, Suite 800 1 PETITION: 011-98 Mahwah, New Jersey HEARING: 4114/98,&5/19198 The Board of Appeals held a regular meeting on Tuesday evening, May 19, 1998, upon the application of Sprint Spectrum, L.P.., requesting a Special Permit from the requirements of Section 9, Paragraph 9.2, of Table 2, to amend condition 95 of petition #040-96, to allow the alteration of the southeast bracket to achieve correct alignment for gamma directional. The following members were present: William J. Sullivan, Walter F. Soule, Robert Ford, Ellen McIntyre, George Earley. The hearing was advertised in the Lawrence Tribune on 3/31/98 &4/7/98 and all abutters were notified by regular mail. Upon a motion made by Walter F. Soule, and seconded by Robert Ford, the Board of Appeals voted to grant a Special Permit for alteration of the southeast bracket to achieve correct alignment for gamma directional in accordance with the plan dated February 17, 1998. Voting in favor: William J. Sullivan, Walter F. Soule, Robert Ford, Ellen McIntyre. George Earley abstained from voting. BOARD OF APPEALS William J. Sullivan, Chairman /decoct/9 honing Board of Appeals + c n NORTH REC4C IV :J . O�t�aae �p,'�'O DA41EL. 1 ORGT 00 RK NORI'A'A.. )OVER ! y 1 FEB I t!7 !1 0S Am 8z 1SsACHus°t TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS February 17 , 1982 Benjamin Farnum 1370 Turnpike Street Premises Affected : Boston Hill Petition No . 2 - ' 82 Mr . Daniel Long , Town Clerk Town Office Building North Andover , Mass . 01845 Dear "1r. Long : The Board of Appeals held a public hearing on Monday evening , January 11 , 1982 upon the application of Benjamin Farnum. The hearinq was advertised in the North Andover Citizen on December 24 , 1981 and January 7 , 1982 , and all abutters were notified by regular mail . The following members were present and voting : Frank Serio , Jr. , Chairman ; Richard J . Trepanier , Esq . , Clerk ; William J . Sullivan ; Augustine W . Nickerson ; and Associate Mem- ber Raymond A . Vivenzio , Esq . The petitioner seeks approval to extend a Special Permit granted by the Board of Appeals in 1957 and approval to change the name on the Permit from Massachusetts Institute of Technology to Benjamin Farnum . The petitioner testified , through counsel , that a Special Permit was granted in 1957 to MIT to extend the height of a radar tower beyond the requirements of the zoning By Law . At that time , the tower was an allowed use in the Rural Residential District of the town . The premises affected are land on Boston Street known as Boston Hill . In 1957 , the radar and tower were necessary for the Defense Early Warninn system of the country . P Benjamin FarnumRECEIV' 0 -@�4NIFI L1NG Petition No . 2 - ' 82 TO CLWK HORIil Aill tl ' VER The petitioner further testt�i y d hat the radar tower is no longer an allowed use according trilin p e85? Noillovisions of the Zoning By Law , thus making the use of the tower a non -conforming use , as well as a non-conforming structure . Since the proposed use of the hill would change from research to predominantly commercial , and the name from MIT to Benjamin Farnum , a review by the Board of Appeals is required . The radar atop the tower was removed several ,years ago . Mr. Farnum is requesting the extension and the name change because two private corporations , Rollins Cablevision and Eastern Micro- wave , wish to utilize the hill and the structures located thereon . MIT, the original applicant , stated that it would like the hill to continue to be available to it , as needed , for research and experiments . After a lengthy discussion between Mr . Farnum ' s attorney , the Board , and the Building Inspector , the Board voted unanimously to take the matter under advisement. On February 8 , 1982 at their regular meeting , the Board again re- viewed Mr. Farnum ' s petition . Chairman Serio passed the chair to Member Trepanier . P, motion was made by Mr . Serio to grant the continuance of the Special Permit and change the name from MIT to Benjamin Farnum with the conditions that the Permit would be for MIT , Rollins Cablevision , and Eastern Microwave only and that the frequencies normally associated with residential television reception would not be interfered with . Mr . Sullivan seconded the motion , which failed 3 to 2 , with Members Serio , Trepanier, and Sullivan voting in favor and Members Nickerson and Vivenzio opposed . After Mr . Serio resumed chairmanship , a motion was made by Mr . Trepanier and seconded by Mr. Sullivan to reconsider the motion to grant the request . The motion to reconsider passed unanimously . After further discussion , a vote was called for on the original motion to grant the request with the same conditions . Members Serio , Trepanier , and Sullivan again voted in favor and Members Nickerson and Vivenzio again were opposed . Therefore , the request is denied . The Board finds that the continuance or extension of the Special Permit would unduly prolon(i the life of the non -conforming use of the premises . The Board further finds that the non -conforming structure has long since reached the end of its useful life as contemplated under the terms and conditions of the 1957 Special Permit , being national defense orientated , that the same may now be removed at no cost to the petitioner under the terms of the original lease , and that the continuance of the Special Permit would unduly prolong the existence of this non-conforming structure . Sincerely , W . Frank Serio , Jr . , Chairman jw COMMONWEALTH OF MASSACHUSETTS ESSEX, SS SUPERIOR COURT DOCKET NO: HENRY A. FINK, ) Plaintiff ) VS. ) BENJAMIN FARNUM, 1370 Turnpike St., ) North Andover, Ma.; ) FRANK SERIO, JR. , 250 Hillside Road ) COMPLAINT North Andover, Ma.; ) ALFRED E. FRIZELLE, 131 Appleton St. , ) North Andover, Ma.; ) RICHARD J. TREPANIER, 308 Massachusetts Ave., ) North Andover, Ma.; ) WILLIAM J. SULLIVAN, 405 Salem Street, ) North Andover, Ma.; and, ) AUGUSTINE W. NICKERSON, 100 Moody St., ) North Andover, Ma. , ) Defendants ) APPEAL UNDER THE PROVISIONS OF G.L. Ch. 40(A) , SEC. 17, AS AMENDED To the Honorable Justices of the Superior Court of the County of Essex: 1. The Plaintiff, Henry A. Fink, resides at 1250 Turnpike Street, North Andover, Massachusetts, and is an abutter to an abutter of the premises on Boston Street. 2. The Defendant, Benjamin Farnum of 1370,Turnpike Street, North Andover, is the applicant and is the owner of the premises, together with the structures, the subject matter of the petition. 3. The Defendants, Frank Serio Jr. , Alfred E. Frizelle, Richard J. Trepanier.. William J. Sullivan and Augustine W. Nickerson, are the regular members of the North Andover Board of Appeals, who voted favorably on the application of the Defendant, Benjamin Farnum. LAW OFFICES MICHAEL T.STELLA.SR. PROFESSIONAL CORPORATION JACKSON AT COMMON 1. LA:WRENCE,MASS 01840 (617)883-2132 I 4. The Defendant, Benjamin Farnum applied to the Board of Appeals on May 18, 1982, for "an extension of a special permit granted in 1957". His petition also stated it was a "re-application to the Board from an adverse finding of the Board of Appeals entered with the Town Clerk on February 17, 1982", and the petitioner further alleges "a change of circumstances under 10.80 Section 2, of the Zoning By-Laws." 5. The principal points cited, which are the basis of the application are, "This is a re-petition to the Board. Substantial explanatory material was provided to the Board in the first petition. The change of circumstances alleged are that I now hold title to the structure as well as the land, and that one of the potential lessees, Eastern Microwave Inc., is prepared to provide services which will be beneficial to the Town of North Andover". 6. The Board of Appeals held a public hearing on June 141 •1982, and the decision was filed with the Town Clerk of North Andover on July 23, 1982. 7. The Board of Appeals' decision recites the 1957 decision, and the more recent February 17, 1982 decision, and indicates that the applicant's petition received timely approval of the Planning Board because of a change of circum- stances to re-petition the Board of Appeals. 8. The Board of Appeals researched and reviewed the 1957 decision, and in- dicated that the 1957 decision was a "variance", even though it was erroneously referred to as a "special permit" in the body of the decision and in the present and previous petitions to this Board. 9. The Board of Appeals then Cted a "special permit" so that the petition- er could change aspects of the 1957 "original variance grant in a minimal manner.". LAW OFFICES MICHAEL T.STELLA,SR. PROFESSIONAL CORPORATION 2 JACKSON AT COMMON LAWRENCE.MASS.01840 (6171683-2 X32 10. The Board of Appeals further voted to attach to the concrete tower, antenna and transmitting dishes,- which were not part of the 1957 decision. 11. The Board of Appeals granted changes and extended the rights from the 1957 original decision which were not part of the applicant's petition before them on the said June 14, 1982 hearing date. 12-. The 1957 decision permitted a use to a non-profit educational institute for research of a most vital nature to the national defense program, and to the security of the country. The July 23, 1982 decision illegally extends the use to a profit making venture. 13. The application/petition did not have a full and complete list of abutters, and a full and complete list of abutters were not sent proper notice of the hearings. 14. The meeting of the Board of Appeals was not properly advertised, nor was it properly and/or legally posted. 15. The Plaintiff is aggrieved by the decision granting the Defendant Benjamin Farnum's application. 16. The Defendant members of the North Andover Board of Appeals exceeded their authority, by illegally granting a variance when an extension of a special permit which was granted in 1957,was requested. 17. The Defendant members of the North Andover Board of Appeals exceeded their authority in granting a special permit, when the prior special permit had in fact, terminated. 18. The Defendants, as members of the North Andover Board of Appeals exceeded their authority in indicating that the change "is in the minimal", when the LAW OFFICES height of the structure is six stories, or 100 feet, and the use is different, MICHAEL T.STELLA.SR. and also profit-making and not non-profit educational. PROFESSIONAL CORPORATION JACKSON AT COMMON LAWRENCE.MASS.O184O 3 (617)883-2132 . 19. The Plaintiff states that the application filed by the Defendant Benjamin Farnum is invalid since it does not indicate the Zoning District of the premises affected, and is, in many other instances, incomplete. 20. The Plaintiff alleges that the decision of the Defendant members of the Town of North Andover Board of Appeals grants a new zone, all in violation of the existing Rules and Regulations of the Town of North Andover, and the Commonwealth of Massachusetts. 21. The Plaintiff alleges that the application/petition filed on December 22, 1981, indicated that one of the reasons for the application was that the "type of ownership will change", and the instant application, filed on May 18, 1982, which is the basis for the decision appealed from, that states "the petitioner holds title to the structure and the land", which clearly indicates no substantial change in both recent application/petitions. 22. The Board of Appeals' decision filed on July 23, 1982, is invalid in that the votes are not recorded, and/or not recorded properly, and the de- cision is not signed by the members of the Board of Appeals, as required under Chapter 40(A) , Section 15. WHEREFORE, your Plaintiff prays: 1. That the action of the Defendant members of the Board of Appeals of the Town of North Andover, be reviewed by this Honorable Court, pursuant to Massachusetts General Laws, Chapter 40 (A) , as amended; 2. That the decision of the Defendant members of the Board of Appeals of the Town of North Andover be annulled and reversed; and, LAW OFFICES MICHAEL T.STELLA.SR. PROFESSIONAL CORPORATION 4 JAC FSON A!COMMON LAW RENCE.MASS.O 1040 (e n)6833 t 32 M 3. And for such further relief as to this Honorable Court seems meet and just. Henry A. Fink, Plaintiff By his attorney, George A. Stella, Esquire MICHAEL T. STELLA, SR. P.C. 160 Common Street Lawrence, Massachusetts 01840 Dated: August 6, 1982 Telephone: 683-2132 LAW OFFICES •JC. MICHAEL T.STELLA,SR. PROFESSIONAL CORPORATION JACKSON AT COMMON LAWRENCE.MASS.0 1840 16171683-2132 FECEIVEO D 3i EU UNG TG�H ��-�FiK N0?Yri ri '-OVER ASG FILED IN THE SUPERIOR COURT FOR THE COUNTY OF ESSEX CLERK IL Notice to APPLICANT/TOWN CLERK of Action of Planning Board on Preliminary Subdivision Plan entitled: Brookview Estates By: Thomas E. Neve Associates, Inc dated April 28, 1987 MOM Pft 2. The North Andover Planning Board has disapproved said plant for the following reasons: SEE ATTACHED 0� MOM rr-- c . v7 a Very truly yourst NORTH ANDOVER PLANNING BOARD BY Date: ?n� FORM B APPLICATION FOR APPROVAL OF A PRELIMINARY PLAN May 1 19.L7 To the Planning Board of the Town of North Andover: The undersigned) being the applicant as defined under Chapter 419 Section 81—L, for approval of a proposed subdivision shown on a plan entitled Brookview Estates By Thomas E. Neve Associates, Inc. dated Anri i 2a 19 ,$Z being land bounded as follows: Northerly by Farnum Street Fa cturl }�� 1r Cr`4,r ,- Southerly by Turnpike Street Westerly by land of Boston Hill Ski Area, Fink and Thomson hereby submits said plan as a PRELIMINARY subdivision plan in accordance with the Rules and Regulations of the North Andover Planning Board and makes application to the Board for approval of said plan. Title reference: North Essex Deeds. Book 203#9 Page 325; or Certificate of Title No. , Registration Book , Page.; or Othert Book 1612, Page 204 Book 1177, Page 148 p icant's signet Received by Town Clerk: — 7 .� Datet Applicant's addresslie11141K j 17 G Fa rel um 39 7 Farn ov-, S+ . Time: lV, h d o u e u' MA Signature: Owner's signature and address if not the applicant; Brookview Estates h Preliminary Subdivision �,� , _tai Condition of Disapproval August 3 , 1987 � er t � AUC ,I E w The Subdivision Control Law has been enacted for the purpose of protecting the safety, convenience and welfare of the inhabitants of the community with due regard for the provision of adequate access to all of the lots in a subdivision by ways that will be safe and convenient for travel, lessening congestion in such ways and in the adjacent public ways, for reducing danger to life and limb in the operation of motor vehicles , for securing safety in emergencies, for insuring compliance with the applicable zoning bylaws and for securing adequate provisions for water, sewerage, drainage and other requirements where necessary in a subdivision. Thereby, under the authority vested in the Planning Board of the Town of North Andover, said Board votes to disapprove the Preliminary Plan entitled, "Brookview Estates" for the following reasons: 1 . In accordance with the Police Department' s written report, access is on both Farnum Street, because of its narrow pavement width and Salem Street, because of the heavy vehicular travel is denied. Both cul-de-sac raods will enter from Brook Street. There will be no access allowed from any of the lots within the subdivision directly onto either Salem Turnpike or Farnum Street. The applicant is advised that if he wishes to upgrade Farnum Street and construct such roadway in compliance with the Planning Board' s Rules and Regulations, the Board will reconsider access from Farnum Street. 2 . The Subdivision does not provide adequate sight distance at the intersection of Brook Street and Salem Turnpike. 3 . The water main connection between the two proposed streets will be relocated as far North as possible to mitigate the affects of the wetland crossing. 4. The Subdivision does not show an adequate number of hydrants for a General Business use. 5. No provisions for the mitigation of increased peak flow and volume have been provided. The applicant is advised that the Planning board will require mitigation from both the ten year and the one hundred year storms through the use of detention ponds placed upland from HUD floodplain. Because of the sensitive nature of the existing floodplain which currently floods across Brook Street, [observation - wetland extended beyond plain] , the Board will also require the use of retention ponds to mitigate volume flows through ground water recharge to offset the use of all impervious surfaces created. 6 . The Plan does not show adequate topographic details to allow the Board to make an in depth review of the drainage patterns of the site as well as the actual delineation of wetlands and HUD floodplain. No major site features have been shown, Page : 2 v , 9 � including widths of adjacent stre0t$'*paveme,lifs. 7. The Subdivision has not receivey� trcGc�t % th approval for the use of on-site sanitary leac ing systems. No soil pit data and Spring Water Tables and percolation tests information has been submitted to the Board of Health or to the Planning Baord. 8 . No data regarding the Water Supply adequacy has been submitted for the Planning Board to make a determination if there is sufficient water pressure to serve the General Business use of the subdivision. 9 . The Planning Board denies the length of the dead-end roadway in excess of 500 feet under it Rules and Regulations , Section IV,A, 4 (a) . 10 . The applicant is advised that if this project proceeds to the stage of a Definitive Plan, the applicant must comply with all the requirements of the Planning Boards Rules and Regulations regarding such Definitive Plans, including a Statement of Environmental Impact. Secondly, the following issues will be addressed: a. No lots shall be released from the covenant running with the property until the following is completed. All drainage is constructed in accordance with the Subdivision Plan, including binder coat application, all utilities, including, but not limited to fire alarms, water lines, sewer, drainage, electric, gas, cable shall be installed in accordance with the plans. b. Drainage calculations will have to be submitted to mitigate runoff. No calculations or drainage plan has yet been submitted to prove to the Planning Board that the subdivision can mitigate increased runoff without affecting abutting property. C. Detailed tree plan in accordance with Section V, K and IV. 1 will have to be submitted with the plan for review by the Planning Board and the Tree Warden. The applicant will have to address the Tree Departments recommendations to preserve existing trees and to bond for new planting if appropriate. d. A stump pit burial plan will have to submitted to the Planning Board and Highway Department for review and approval prior to any on-site construction. e. The applciant must comply with all applicable sections of the North Andover Zoning Bylaw and with all appropriate recommendations of the Town Boards. Finally, the applicant must make all proper submissions to the other Town Boards and departments as required. f. There shall be no common driveways with this subdivision. g. A Definitive Plan submitted shall provide a detailed phasing plan for the total development. Page : 3 h. The applicant shall be further advised that should the adequacy of Brook Street not be capable of handling the increased traffic from the business area, the applicant shall be required to widen such onto his abutting land. i. Road profile should not have any cuts of fills of more than 5% , including road profile, /je cc: Director of Public Works Public Works Department Highway Surveyor Tree Warden NACC Building Inspector Board of Health Assessor Police Chief Fire Chief Applicant Engineer File Interested Parties r-- N _ F K� Lnw OFncssR G i4F-11, MICHAEL T. STELLA, SR., P.C. DMO (%Ep')C JACKSON AT COMMON NOg)N �" LAWRENCE, MASSACHUSETTS 01840 " 3� �M'V� MICHAEL T. STELLA, SR. nn GEORGE A. STELLA (617) 889-219E 689-2199 V MICHAEL T. STELLA. JR. August 9, 1982 Daniel Long Town Clerk Town of North Andover Main Street North Andover, Massachusetts 01845 Re: Henry A. Fink vs. Benjamin Farnum et als Dear Mr. Long: Pursuant to the provisions of Chapter 40(A) of the General Laws of the Commonwealth of Massachusetts, I am filing, this date, an appeal of the Town of North Andover Zoning Board of Appeals decision in the above- captioned matter. Attached hereto is a photostatic copy of the Complaint that was filed with the Essex County Superior Court, bearing the mark of said Court. Very truly yours, G4ge . St la, Esquire GAS:ljc Enclosure COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. ,SUPERIOR COURT 7 7? ..... .... .. .. ......... ... ................................................................................................ YS. c ^ ^ C$RTIFICA-CE �4 NT In the above action, by complaint dated.. ....6. 76 ,'4Vd .............Ia, the following entry has been made upon the do ket of Court,/viz: .... ..... ............ ._... ... ......................_._..__._..__ ..... ........ .. .. .. .. __.. .... ......................................... ...... ... ....................................... ........ Attest: �n Received by Town Clerk : C- FORM A AY �� 23WBERLIIEVEDONOTOTOEREOUIREEAPPROVALAN � 0 May 1 , 198_ To the Planning Board of the Town' of North Andover: The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law isnot required . The undersigned believes that such approval is not required for the following reasons : I. The division of land shown on the accompanying plan is not a sub- division because every lot shown thereon has the amount of frontage required by the North Andover Zoning By Law and is on a public way , namely , Salem Turnpike s Brook Stregtor a private way, namely , being land bounded as follows : Northerly by: Other land of Farnum Easterly by: Land of Harold Whipple Southerly by: Salem Turnpike Westerly By: Brook Street 2. The division of land shown on the accompanying plan is not a sub- division for the following reasons : All lots conform to the Zoning By-Law and Subdivision Regulations. • 1612 204 3. Title reference North Essex Deeds , Book 2039 Page 327 or 1177 148 Certificate of Title No . Registration Book ; Page , Applicant 's Signature : Ow s si nd address if not _7 t 1 Applicant 's Address : ��(/rlwliN GJ Received by Town Clerk : F 1 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 hast 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 . Very truly yours , NORTH ANDOVER PLANNING BOARD By . Date : i Oversized Maps on file with the Town