HomeMy WebLinkAboutMILLER, IDA Notice to APPLICANT/TOWOLERK and Certification of AcA of Planning Board on Definitive Subdivision Plan entitled: Definitive subdiZilion Plan of Millc© Realty By: rhyintiangen s Sergi. - dated Drcember li 1C87 '. iF ifis aF IE iF h o AndP1 s op btAthytedt . g t 1. , T t the re o owners the sub' t land hwit cute r c d a cow runnin wi the 1 d , or o he se p o de a ty f he st cti o ways d t e ins le4tion f m ci s s t s d di i as rovide by .L. S. $ 2. IT t all s ch c tructio and stalls omllilshallsp onf to 'he go erning es d re o of t B . 3. ha , as req ed y the No over Bo o Health is r rt his Bard, o buil or ther s ct a shall t or p ce u a as a wn said P1 ut pr r c n nt of sai and of Health* b• th con do : '�% rx�yirh my a� N In the event that no appeal shall have been taken from said approval within t twenty slays from this dater the North Andover Planning Board will forthwith thereafter endorse its formal approval upon said plan, The North Andover Planning Board has DISAPPROUD said Plaut for the following reasonsi See Attached. NORTH ANDOVER. PLAMMG BOARD Date*. November 16, 1989 By: George Perna, Jr., Chairman FORM C APPLICATIO�FOR APPROVAL OF DEFINITIVE PLi J December ] �'.�- •" " 19 87 To the Planning Board of the Town of North Andover: Nt� Li� r �R The undersigned, being the applicant as definedu r halter *lection 81—L, for approval of a proposed subdivision shown on a p eat Definitive Subdivision Plan of Millco Realty by Christiansen & Sergi , Inc . dated December 1 , 1987 being land bounded as follows: northerly by Miller , Janusz; easterly by Janusz; southerly by Brickus , Hahesy ; westerly by Forest Street . 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. Title Reference: North Essex Deeds, Book , Page ; or Certificate of Title No. ,65179 Registration Book_4A , page 6.9 ; or Other: Said plan has(x ) has not( evolved from a preliminary plan submitted to the Board of May 1 , 19 87 and approved (with modifications) ( ) disapproved (x) on Jules 6, , 19 87 The undersigned hereby applies for the approval of said DEFINITIVE plan by the Board, and in furtherance thereof hereby agrees to abide by the Boardts 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 Town, 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 specifically, by reference, incorporated herein and made a part of this application. This application and the covenants and agree meats 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 3. To complete the aforesaid installations and construction within two (2) years from the date hereof. Received by Town Clerk: �}6� �a� =- C✓ Date: Signature of Wplicant 230 Forest Street Time: _North Andover , MA Signature: Address MILLCO DEFINITIVE SUBDIVISION REASONS FOR DENIAL The Planning Board denies this application for a Definitive Subdivision Approval for the following reasons: (1) The Application submittal is incomplete. More specifically, the following information is inadequate or missing: a. Complete Drainage Analysis b. Environmental Impact Report. a. Filing Fee. d. Erosion Control Plan. e. Construction Schedule. f. Compliance with Planning Board Rules and Regulations (2) The applicant has failed to apply for, or receive, approval from the North Andover Board of Health for all septic systems located within this development. (3) The applicant has failed to apply for, or receive, approval from the North Andover Conservation Commission. cc: Director of Public Works Board of Public Works Highway Surveyor Board of Health Conservation Commission Building Inspector Police Chief Fire Chief Applicant Engineer File Received by Town Clerk : DAf'lrL i Jiw FORM A Vows. Ei�x MORT;t "0" uOYER APPLICATION OF PL BELIEVED NOTOTOENT REQUIREEAPP aXmfil 'S Ao' r�� ARril 15 19 R7 To the Planning Board of the Town of North Andover : The ';undersigned wishes to' record the accompanying plan and requests a Board that determination by said B approval b it under the Subdivision app y Contsuch Law is not required. The undersigned believes that 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 frontage required by the North Andover Zoning By Law and is on a public 'way , namely , Forst. Street , or a private way , namely , , being land bounded as follows : Westerly by Forest Street ; Northerly and Easterly by Janusz: Southerly by Hahsey and Brickus — 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : All Lots have required frontage and area 3. Title reference North Essex Deeds , Book Page or Certificate of Title No . 6517 , Registration Book i Page licant ' s Signature : Owner ' s signature and address if not the pplicant : Applicant s Address : �� Received by Town Clerk : I1 Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : 1. The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law , and the appropriate endorsement has been made upon the same . 2. The North Andover Planning Board has determined that said plan shows a subdivision , as defined by G . L . c . 41 , s . 81-L , and must therefore be re-submitted to it for approval under the. Subdivision Control Law. Very truly yours , NORTH ANDOVER PLANNING BOAR By Date : DAH(='L 1-0`4G FrrZGIBBONS, SLIPP & HOMsto'Fi CI `:.RK ATTORNEYS AT LAW NORTIi ANDOVER 128A PLEASANT VALLEY STREET Q �( nc JOSEPH FITZGIBBONS METHUEN.MASSACHUSETTS 01844BEC i V 56 �1R ,v� TELEPHONE PETERT.SLIPP An Association In Part (50{)661-0666 KENNETH ETH M.HOMSEY CHARLES R.PERRAULT (AOMiTTE0 MAS$..NH{ME) AMY J.DONAHUE December 14 , 1989 HAND DELIVERED Town of North Andover Town Hall Main Street North Andover, MA 01845 Re: Miller v. North Andover Planning Board Dear Sir/Madam: Please find enclosed a copy of a Complaint filed in the Essex Superior Court this date. This suit is an Appeal pursuant to Massachusetts General Laws Chapter 40A Section 17 from a November 16 , 1989 decision of the Planning Board in the Application of Ida A. Miller, Millco Realty. Very truly yours, Joseph Fitzgibbons JF:dkm Enclosure Trial Court of Massachusetts DOCKET NUMBER CIVIL ACTION COVER SHEET SUPERIOR COURT DEPARTMENT { Division <�' PLAINTIFF(s) DEFENDANT(s) George Perna, Erich Nitzsche, Edward A. Miller, Jr. John Simmons, John Draper, Jack Graham, Executor of the Estate of Ida A. Miller ArS of North AndmTe I ATTORNEY(S)FIRM NAME,ADDRESS AND TEL.) ATTORNEY(S)(d known) Board Joseph Fitzgibbons, Esq. 126A Pleasant Valley Street 1 Bo 9'%%POv&eRV(F%quired) 169680 ORIGIN CODE AND TRACK DESIGNATION Place an 0 in one box only: j 1 $] 1. F01 original Complaint ❑ 4.F04 District Ct. Appeal c231, s. 97 QQ ❑ 2. F02 Removal to Sup. Ct. c 231, s. 104 (F) p 5.F05 Reactivated after Rescript; Relief from ❑ 3. F03 Retransfer to Sup. Ct. c231, s. 1020 (X) judgmentforder (Mass. R Civ. P. 60 (X) 6.E10 Summary process appeal ()) j TYPE OF ACTION AND TRACK DESIGNATION (See Reverse Side) i CODE NO. TYPE OF ACTION (specify) TRACK IS THUS A JURY CASE? CO2 Zoning Appeal (F) O Yes X3 No 1. PLEASE GIVE A CONCISE STATEMENT OF THE FACTS: Me*dred'In ALL Types of Actions) This is an appeal from a decisionofthe North Andover Planning Board denying i approval of the Plaintiff's definitive subdivision plan of land in North Andov r C= n { 2. IN A CONTRACT ACTION (CODE A) OR A TORT ACTION (CODE B) STATE, WITH PARTICtJLA MONEY DAMAGES WHICH WOULD WARRANT A REASONABLE LIKELIHOOD THAT RECOVER WOULD,EXCEED $25,000: a j i 3. PLEASE'IDENTIFY, BY CASE NUMBER, NAME AND OMSION,ANY RELATED ACTION PENDING IN THE SUPERIOR COURT DEPARTMENT. I� SIGNATURE OF ATTORNEY OF RECORD OR PLAINTIFF DA`E OFFICE USE ONLY DO NOT WRITE BELOW THIS LINE n DISPOSrnoN RECEIVED A. Judgment Entered . . $. no JudgmeniinF eret3 eY: ❑ 1. Before jury trial or non jury ttieari V ❑ 5.Transferred lo District wTe ❑ 2. During jury trial or non-jury IMring Court under G.L.c231. DMFKr oN Er+rERED ❑ 3. After jury verdict ❑ 4. After court finding i= Date BY: ❑ 5. After post trial motion 01TE: fm 00 CLERK MAGISTRATE'S COPY • .. T COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT CIVIL ACTION NO. EDWARD A. MILLER, JR. , EXECUTOR OF THE ESTATE OF IDA A. MILLER, ) "� Plaintiff ) pmzzcrn� VS. ) COMPLAINT °° C:) 0 M man mix v GEORGE PERNA, ERICH NITZSCHE, ) C3* JOHN SIMONS, JOHN DRAPER, ) JACK GRAHAM, AS THEY ARE ) MEMBERS OF THE PLANNING ) BOARD OF THE TOWN OF NORTH ) ANDOVER ) 1. This is an appeal from a decision of the Planning Board of the Town of North Andover (hereinafter referred to as the Planning Board) pursuant to M.G.L. Chapter 40A Section 17. Said decision (a copy of which is attached as "Exhibit A") is dated November 16,1989 and was filed with the office of the Clerk of the Town of North Andover on November 27, 1989. 2. The Plaintiff, Edward A. Miller, Jr. , is the duly appointed Executor of the Estate of Ida A. Miller. 3. At the time of her death on March 1, 1988 Ida A. Miller was the owner of a parcel of land located in North Andover, Essex County, Massachusetts and registered in the North Essex Registry of Deeds, Certificate of Title Number 6517, Registration Book 44, Page 69. 1 4. The Defendant, George Perna, is a member of the Planning Board and resides at 280 Farnum Street, North Andover, Essex County, Massachusetts. 5. The Defendant, Erich Nitzsche, is a member of the Planning Board and resides at 1253 Salem Street, North Andover, Essex County, Massachusetts. 6. The Defendant, John Simons, is a member of the Planning Board and resides at 25 Ironwood Road, North Andover, Essex County, Massachusetts. 7. The Defendant, John Draper, is a member of the Planning Board and resides at 230 Johnson Street, North Andover, Essex County, Massachusetts. 8. The Defendant, John Graham, is a member of the Planning board and resides at 5 Magnolia Drive, North Andover, Essex County, Massachusetts. 9. On or about May 1, 1987, Ida A. Miller submitted a preliminary plan to the Planning Board for subdivision approval of the subject property. 10. Said preliminary plan was disapproved on July 6, 1987. 11. On or about December 1, 1987, Ida A. Miller submitted an application to the Planning Board for approval of a Definitive Plan for Subdivision of the subject property. 12. On or about November 16, 1989, the Planning Board denied the Plaintiff's application for a Definitive Subdivision Approval of the subject property. 13. The Planning Board in rendering its decision exceeded its authority. 2 14 . The Plaintiff will suffer from financial loss if required to comply with the erroneous decision of the Planning Board. 15. The Planning Board's decision was arbitrary, capricious, whimsical and unreasonable. WHEREFORE, the Plaintiff demands: 1. That the Court enter a judgment to annul the decision of the Board of Appeals. 2. That the Court enter such further order and/or judgment as it deems just and proper. EDWARD A. MILLER, JR. EXECUTOR OF THE ESTATE OF IDA A. MILLER, Plaintiff t o Joseph Fitzgibbons, Esq. 126A Pleasant Valley Street Methuen., MA 01844 (508) 681-0666 BBO #169680 3 Notice to APPLICANP/TOW LERK and Certification of Acti.- of Planning Board on Definitive Subdivision Plan entitled: De,Linitive subdivision Plan of Millco Realty Bys Mrintiannen 6 Sgrai. Inc_ dated December 1, t 1937 U11:111111 o Ando PI and -,\.t ed t AP p s b� t t h g t 11 1. T t the re or owners the sub' t land thwit acute d rec a coven runnin wi the 1 d or o he se p o de a ur ty f r he o at cti o ways d t e ins ion Y m cip s s t s d di' o aI as rovide by .L. , S. 8 2. T t all s ch c structio and stella an shall sp `t omf to he go erring as d re o of ti B 3. ha as req ed q the No dover o Health is r rt o his ardt o buil or ther s ct a sh t or g c u s as a wn said Pl ut pr r C at of s and of Health. 4. h con do til -•'E- Town Qak oct� In the event that no appeal shall have been taken from said approval within twenty days from this dater the North Andover Planning Board will forthwith thereafter endorse its formal approval upon said plan. The North Andover Planning Board has DISAPPROVED said plant for the following reasons: See Attached. MORTH ANDOVER PLANUM BOARD Dates Movember 16, 1989 By: George Perna, Jr., Chairman rutu-t c APPLICATION FOR APPROVAL OF DEFI11ITIVE PLU f 1 December 1 ; + 19 87 To the Planning Board of the Town of North Andover: { The undersignedt being the applicant as defined u#49r Chapter, 41p! �ction 81—L, for approval of a proposed subdivision shown on a plan er titled Definitive Subdivision Plan of Millco Realty by Christiansen & Sergi , Inc. dated December 1 , 1987 being land bounded as follows: northerly by Miller , Janusz; easterly by Janusz ; southerly by Brickus, Hahesy ; westerly by Forest Street. 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. Title Reference: North Essex Deeds, Book , Page ; or Certificate of Title No. 6517 . Registration Book s page 69 ; or Other: Said plan has(x ) has not( ) evolved from a preliminary plan submitted to the Board of May 1 , 1987 and approved (with modifications) ( ) disapproved � ) on July 6 , 19 87 The undersigned hereby, applies for the approval of said DEFINITIVE plan by the Boardt 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 Departmentt the Highway Surveyor, the Board of Healtht and all general as well as zoning by—laws of said Townt 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 plant profiles and cross sections of the same. Said plan, profiles, cross sections and construction specifications are specificallyt by references incorporated herein and made a part of this application. This application and the covenants and agree— meats herein shall be binding upon all heirs, executors, administratorst successors, grantees of the whole or part of said land, and assigns of the undersigned; and 3. To complete the aforesaid installations and construction within two (2) years from the date hereof. Received by Town Clerk: Signature of Applicant Date. 230 Forest Street Time: North Andover NA Signature: Address MILLCO DEFINITIVE SUBDIVISION REASONS FOR DENIAL The Planning Board denies this application for a Definitive Subdivision Approval for the following reasons; (1) The Application submittal is incomplete. - More specifically, the following information is inadequate or missing: a. Complete Drainage Analysis b. Environmental Impact Report. c. Filing Fee. d. Erosion Control Plan. e. Construction Schedule. f. Compliance with Planning Board Rules and Regulations (2) The applicant has failed to apply for, or receive, approval from the North Andover Board of Health for all septic systems located within this development. (3) The applicant has failed to apply for, or receive, approval from the North Andover Conservation Commission. cc: Director of Public Works Board of Public Works Highway Surveyor Board of Health Conservation Counission Building Inspector Police Chief Fire Chief Applicant Engineer File Notice to APPLICANT/TOWN CLERIC of Action of Planning Board on Preliminary Subdivision Plan entitled: Millco Realty - By; Christiansen Realty dated May 1987 f 2. The North Andover Planning Board has disapproved said plant for the following reasons. SEE ATTACHED C— C 7DV.lr'.'E! ZR7 3 t7 �71K� Very truly youraq NORTH ANDOVER PLANNING BOARD By ERICH W. NITZSCHE Date: July 6� 2987 I - I�ECE4.�Ll UAN1EL t04G TOV��µ `�OtiER NORi;. FORK B 52 U.PLII TION FOR APPROVAL OF A PRELIMINARY PLAN May 1 1 1957 To the Planning Board of the Torn of North Andover. The undersigned, being the applicant as defined under Chapter 41 Section 81—L, for approval of a proposed subdivision shorn on a plan entitled Millco Realty By Christiansen Engineering , Inc . dated May 1 19 87 being land bounded as follows: Northerly by land owned by Jim Miller and Robert Janusz. Easterly by land owned by Robert Janusz. Southerly by land owned by Romas and Rima Brickus and Robert and Susan Hahesy , and Westerly bounded by Forest Street. i hereby submits said plan az 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. I� Title reference: North Essex Deeds, Book* Page._; or Certificate of Title No, 546� Registration Book37 , Page 61 ; or Other: A cant's signature. Received Received by Town Clerk: Date: Applicants address 10 Fvf¢as� 1' Time: �- Signature: Owner's s gnatar and a ss if not the applicant: Q . -nom Millco, Reality Sugarcane Lane Preliminary Subdivision 10011r',. r ; Ju�yi �o8oJf Disapproval 70'x' I . Alternate Roadway layout has not been ex lored ich will reduce the amount of wetland filling. T p�oj c W my has two wetland crossings but will also fil wetlands for roadway side slopes between stations 2+50 to station 4+0. A different roadway layout would reduce the impact on wetland such as crossing through lot 12 . 2. Until such time that the Seven Oaks subdivision is approved, recorded and either constructed/and/or access rights have been obtained, this subdivision shall be considered a dead end roadway. A proper request for a waiver from the Planning Board's Rules and Regulations regarding the length of a dead end street has not been submitted. Therefore, the Board denies the subdivision because of the length of the roadway. The plan, as submitted, does not show_; adequate access to the proposed lots. The powers of a planning ,board under the subdivision control law shall be exercised 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. . , , and for coordinating the ways in a subdivision with each other and with the public ways in the. . . .or town in which it is located and with the ways in neighboring subdivisions. (Chapter4l, Section 81M, M.G.L. ) Access ,must be provided either via an approved public road or over private ways built to the standards of the subdivision Rules and Regulations over land to which the developer can prove he has ownership or right-of-way. 3. At the ;request of the North Andover Police Department, a stop sign shall by requested at the intersection of Sugarcane Lane and Forest Street. 4. In accordance with the recommendations of the Fire Department, a. the water main shall loop from Forest Street to Jerad- Place subdivision. b. any dwelling unit which is over 500 feet from the subdivision street, measured along the driveway which serves such dwelling, shall be required to have an additional fire hydrant installed and a residential sprinkler system installed. 5. No percd4tion tests have been performed on the site and the Planning Board cannot approve the subdivision under Chapter 41 unless the Board of Health has given its approval. No test pit data or (spring water tables information has been submitted. 6 . The Conservation Commission has submitted reservation and serious concerns regarding the wetland crossings which are also the Planning Board' s concerns. This data has not been addressed to the Planning Board's satis1action. The proposed detention pond area !i is not adequate to mitigate flows from the subdivision. 7 . Drainage ',calculations have not been submitted to mitigate runoff in the lq year and 100 year storm. No calculations or drainage plan has ',been submitted to mitigate runoff from the subdivision to the Planning Board' s satisfaction. Page 2 8 . No lots shall be released from the covenant running with the property until the following is completed: A11 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, and cable shall be installed in accordance with plans. 9 . A detailed tree plan in accordance with Section V, K, and IV. 1 has not been submitted with the plan for review by the Planning Board and the Tree Warden. 10 . A stump pit burial plan has not been submitted to the Planning Board and Highway Department for review and approval prior to any on-site construction. 11 . The applicant shall be advised that in the event a Definitive Plan evolves from this preliminary plan and/or parcel of land, the North Andover Planning Board will require upon submittal that all aspects of the Rules and Regulations governing the Subdivision of Land must be strictly adhered to and will be a requirement notwithstanding this decision. 12 . The applicant has not complied with the Tree Department' s recommendation to preserve existing trees and to bond for new planting. 13. A Definitive Plan submittal shall provide a detailed phasing plan for the total development. No construction shall occur until the phasing has been approved by the Planning Board. No phasing has been submitted with the Preliminary Plan. 14 . There shall be no common driveways within the Subdivision. EN/je cc: Highway Surveyor Board of Public Works Tree Wairden NACC Building Inspector rc` Board of Health Assessor Police Chief �� ^+ Fire Chief r-M w `- Applicant u, '- Engineer 'D File oa FORM B, C AL'hLM7 FOR APPROVAL; OF A`PRELVINARY PLAN II May 1 t 1987 IV To the Planning Board of the Tows' of North Anctovers .: ,r The undersigned, being the applicant as defined under Chapter 41v Section 81—LI for approval of a proposed subdivision shown on a plan entitled Millco Realty By ,CChristiansen Engineering, Inc, dated May 1 1987 being land bounded as follows: ,Northerly by land owned by Jim Miller and Robert Janusz. Easterly by land owned by Roberti Janusz. $ou t e fir, by land ;ovrned bp` .Romas and Rima Brickus and Robert and Susan Hahesy , and Westerly bounded by Forest Street. 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.# Page.; or Certificate of Title No.5464 Registration Book37 t Page 61 . or Other: A plicantts signature: ` Received by Town Clerk: Date: Applicant's address =:.d ,¢ar . Time: Signature: Owner's signatur and ss if not the applicant: � L Z014 r Notice to APPLICANT/TOWN MMK of Action of..Plannfng Board on Preliminary Subdivision Plan entitled: By dated I. The North Andover Planning Board has tentatively approved said plane with- out any modifications thereof. 2. The North Andover Planning Board has disapproved` said plum for the following reasons: = . _�:_,.TheNorth-Andover-PUrmirng-Board .has tentatively upprovS(1-said-plan# snbject_to,the:,fo3Zoxing.modifications,thereof3 r.. Ver7 tnily yours, NMTH ANDOVM PLANNIM BOARD _ BY Date: FORM E CERTIFIED LIST OF ABUTTERS May 1 19 87 TO THE PLANNING BOARD OF THE TOWN OF NORTH ANDOVER The undersigned being an applicant for approval of, a Definitive Plan of a proposed subdivisidn entitled Mi11co Realty submits the fol Ie-wing sketch of the land in the subdivision listing the names of the adjo4ning owners in their relative positionsandindicating the address of ea6i abutter on the sketch or in a separate list , in - cluding owners of land separated from the subdivision only by _a street . See Attachment gnature App icant Address x'10 /�.✓ Cleo t 2� U i �l�! ©� 7J� Mav 1 1987 TO THE PLANNING BOARD OF THE TOWN OF NORTH ANDOVER: This is' to certify that at the time -0-f 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 followst Assessor ATTACHMENT LIST OF ABUTTERS 1 . Jim Miller 230 Forest Street North Andover, MA 2. Robert Janusz 40 Sunset Rock Road Andover, MA 3. Romas and Rima Brickus 741 Canton Avenue Milton, MA 4. Robert and Susan Hahesy 226 Forest Street North Andover, MA 5. Margate Realty Trust 16 Margate Road North Andover, MA 6. Douglas M. and Judith Ann Perkins 263 Forest Street North Andover, MA 7. Breenmore Realty Trust 225 Forest Street North Andover, MA 8. Robert J. and Roselline L. Savard 231 Forest Street North Andover, MA 9. Theodore B. Yachik and Sandra E. Donahue 247 Forest Street North Andover, MA Received by Town Clerk : , RECrl"r FORM A adi; � NOR. ., ,,, ;!,. R APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPRAM q 55W87 April 15 , 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 : r 1. 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 , Forst Street or a private way; namely , , being land bounded as follows : Westerly by Forest Street; Northerly and Easterly by Janusz : Southerly by Hahsey and Brickus 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : All Lots have required frontage and area 3. Title reference North Essex Deeds , Book Page or Certificate of Title No . 6517 Registration Book , Page licant ' s Signature : Owner ' s signature and address if not the ppl i can(tt :: C Applicant s Address : du 14pez esol cP Received by Town Clerk : f s 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 over Planning Board has de ermined that said plan shows subdivisio as defined by L . 41 , s . 81- , and mus therefore be e-submitte o it for prov under the bdivision Control aw Very truly yours , NORTH ANDOVER PLANNING BOAR By . Date : Peceived by Town Clerk : ,j FORM A ��¢ APPLICATION FOR ENDORSEMENT OF PLAN / BELIEVED NOT TO REQUIRE APPROVAL September 26, 19 84 To the Planning Board of the Town of North Andover: The undersigned wishes to record the accompanying plan and requests a r 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 : 1 . 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 b_y the North Andover Z`oning ,By Law and is on a public way , namely , i-one6t StiLeet or a private way , namely , �- being land bounded as follows : wez ten(y by Fo tez t Stue No)tthe ty by Land NIF Januzz - Easten,2y by .eand NIF Sunk Sou thenty by Land NIF GaL P U_A The division of land shown on the accompanying plan is no-t +a sub- �. di,visioiT fog 'th'e following reason's,:. The km tot ha6 .the re wuce ro 3,c - T141 Q t1reYerence �4orth Essex Deeds Book Page _ or a3 Certificate of Title No . 6517 Registration Book 44 Pane 69 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' requi re approval unde r tt a Subdivision Control Law, and the appropriate endorsement has been made upon the same . -2.—Theo Planning Boar as d ined .that said plan shows a, su ivision , as d ned by G . L . 41 , S . 81-L , and o . a most therefo, be .r u bmitted to it for p rova1 un the Subdivision" Control .Law . Very truly yours NORTH, ANOOVEP PLANNING BOARD By. Date : ' Oversized Maps on rile with the Town