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HomeMy WebLinkAboutMORRISON, JOHN ceiye Tby Town Clerk : '`_ r.t 1 );� r,: FORM A r,w 1 APPLICATION FOR ENDORSEMENT OF PLAN i.t, "EI BELIEVED NOT TO REQUIRE APPROVAL NOV '9 I0 49 AN r81 19 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 : 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 , _ (,�/�„Ov � , , or a private way , namely , QLZt being land bounded as follows : 2. The division of land shown on the accompanying plan is not a sub- division for the following reasons : 3. Title reference North Essex Deeds , Book Page or Certificate of Title No . Registration Book Page App'licant' s Signature: Owner ' s signature and address if not the applicant : �IDX�eisaN (Print Name) Applicant ' s Address : 1Y1 0//t 10 A, , Tel. No. �a, 7 Y F2 # Received by Town Clerk : . RECFtVE � DAR!"L LING TO }i 0: �14u 30 3 0 Pf '$9 • Notice to AP P LICANT/TOWii CLERK of action of Planning Board on accompanying plan ; 1 . The N th Andover P nin Board 9 determine hat aid plan does not e e ap rova under he Su iv r Co r 1 Law , and the appropri a endorsee has been ma 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 ANDOVEP PLANN NG BOARD By : i Date 3 HAROLD MORLEY, QTR. ��]] /p1 a ✓ditornee� of claw 40 APPLETON WAY LAWRENCE. MASS. 01840 TELEPHONE (508) 683-9423 FAX 1508) 794.4743 NOTICE OF APPEAL Applicant Patricia Morrison filed November 9 , 1989 Notice of Planning Board Decision filed November 30; 1989 Location of Property Water Street and Wiley Court, North Andover, Massachusetts Relative to the above entitled matter, please be advised the applicant filed an appeal of the Decision filed November 30, 1989 to the Superior Court on December 14 , 1989, Case No. 89-3376. A copy of the complaint is attached hereto. m =' By her attorney C" rn LU .3L W.4 r Ln Ha old Mo ley, Jr. z -- 40 Appleton Way oLawrence, Massachusetts 01840 Tel. No. (508) 683-9423 I hereby acknowledge receipt of a copy of the within notice this fifteenth day of December, 1989 . ani 1 Long 77 Town Clerk - Nort Andover E A a�t FSE)`# Ep COMMONWEALTH OF MASSACHUSETTS +w. 4 Essex, s E� 15 4 1 '" Superior Court Civil Action No. � 3376 PATRICIA MORRISON ) PLAINTIFF ) VS. ) COMPLAINT TOWN OF NORTH ANDOVER PLANNING BOARD ) GEORGE PERNA, JOHN SIMON, ) ERICH W. NITZSCHE, JOHN W. GRAHAM ) AND JOHN DRAPER ) DEFENDANTS The Parties and Jurisdiction 1 . Plaintiff , Patricia Morrison is an individual whose address is 141 Water Street, North Andover, County of Essex, Massachusetts and is the owner of the land which is the subject of the within complaint. 2 . Defendant, Town of North Andover is a municipal corporation situated in Essex County, Massachusets having an usual place of business at the Town Hall , 120 Main Street, North Andover, Massachusetts. 3 . Defendant, George Perna is an individual residing at 260 Farnum Street, North Andover, Massachusetts and is a member of the North Andover Planning Board. 4 . Defendant, John Simon is an individual residing at 25 Ironwood Road, North Andover, Massachusetts and is a member of the North Andover Planning Board. 5 . Defendant, Erich W. Nitzsche is an individual residing at 1253 Salem Street, North Andover, Massachusetts and is a member of the North Andover Planning Board. 6 . Defendant, John W . Graham is an individual residing at 5 Magnolia Drive, North Andover, Massachusetts and is a member of the North Andover Planning Board. 7 . Defendant, John Draper is an individual residing at 230 Johnson Street, North Andover, Massachusetts and is a member of the North Andover Planning Board. 8 . Defendant, the Members of the North Andover Planning Board have the power to hear and decide subdivision control matters in accordance with Massachusetts General Laws, Chapter 41 . 9 . This Court has jurisdiction over matters raised in the within Complaint pursuant to Massachusetts General Laws, Chapter 41 , Section 81BB. 10 . Plaintiff filed a plan with the Town of North Andover Planning Board, a copy of which is attached hereto as Exhibit "A" , through the office of the Town Clerk, making application to subdivide the existing parcel under a Form A application, wherein approval under the Subdivision Control law is not required, a copy of said application is attached as Exhibit "B" . 11 . Plaintiff sought to subdivide the existing parcel into two lots, each having sufficient frontage and area to satisfy the zoning requirement in R-4 Residential District under the Zoning By-Law of the Town of North Andover. 12 . That the existing parcel is a corner lot having frontage on both Water Street which is a public way and Wiley Court , a way which the Clerk of the Town of North Andover certified that it is maintained and used as a public way, said certification being noted on the plan which is Exhibit "A" . 13 . That at a meeting of the North Andover Planning Board held on November 16, 1989 the Planning Board voted that it has determined that said plan shows a subdivision, as defined by G.L . c . 41 , S. 81-L and must be re-submitted under the subdivision control law irrespective of the endorsement by the Town Clerk. That notice of said decision wfiled with the attached Town Clerk on November 30 , 1989, a copy of which hereto as Exhibit "C" . WHEREFORE, plaintiff demands judgment as follows: 1 . That the North Andover Planning Board be ordered to endorse the plan, pursuant to Massachusetts General Laws, Chapter 41 , Sec. 81P; 2 . That the Court adjudicate and declare that the Planning Board exceeded its authority by not endorsing the plan and order the said Planning Board to endorse the plan in order that the plan is suitable for recording; 3 . That the Court adjudicate and declare that each lot shown on the plan complies with the Town of North Andover Zoning By-Law; s " 4 . That the Court order such further relief as may appear mete and just. By her attorney, H ro44achusetts 40 Apple Lawrence 01840 (508) 683-9423 PLAN GFS LAW AOR77JAMDOVER,MASS. oMrroEv er WATER rpv&,LAs.6o'*Wl STREET JOHN a PWRRC/A MORRISM $Gorr L.BILAYRLI ti.rs •-1ar.�1�+.as F.T N M WAAW4EMP,A(4SS 1 ISs.ee 1 - -rn.•1.Bart ! >?5�»1e/ Avr.. •-�� pb I_D 60 I Y=sir,•v./.R S P _.11.5• p � d d ,mss �M +1 � USF/�Laa6f k 1yaaJ/. � L a.-i p,- 1 �-r.� 2 Ma.Zo2 S.F. �1� �.l�tireu 15,0'.+9 S.F.' ` J 01 ! to \..ls.r�.=411\Ay Ce+l.Y lS Mw.0-rnww • •µ -p,Y_sP"d ���'�! I{ P .. -Ti-....�uwrr»o„a.»y 7 Eo ' 3 �—til 54-�6-2't W 146. 2. - F1(F Vl.cm Xr M.Li. =,Lms U(F Sa,»y S. MIVtpL A,. .7Mw.l]6NUR yyy °a z L1arS �_..aa bora a—•c.�saa Fn¢es IsPP PLaV6�l. V+IDG2. TNS JIJPjO.VI .eJ Ca.HT>�L_ l..r.J lm�' TlJlj pl.4tit lS ��vbD.Vlr.eU er ES.ViYBQ. OF.I..eT P. �ale.rl V ewl FLtwy 'Q lG60\ IrT THE L[o*CTµ ES.e a\c �deYH p..+.+aovErG.RAuu�rlG -�� THE C.B.A. Ib 1. IQ�foe-S:� � •\�.�-_ S. $O• R'ayyT /.-_.d S GaLT�KY THw_T T M`Yi LYLIFeiY�aP 4i rrN � _• tad•PL•s..rre�G: ole.A✓at►iR ea+L - - T»G.et>LaS �+L6G V`�Twtiay eF Y.la 1Gab•STttS s, IS b.oa-/YLO. Fula Pi So C.Th.6G b.o!• bF�ea1s3 �•y �G �.l.�j THIS ��P+1 ' Piy Town Clerk : �. � ( tqlU'1 %,^ FORMA ', APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL c To the Planning Board of the Town of ►forth 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 : 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 , _ Wa;* _L7T� or a private way , namely , 411,10d t being lard bounded as follows : 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : ,? 117 3. Title reference North Essex Deeds , Book / ,s Page _; or Certificate of Title No . Registration Book ; Page A Lant' s9 Si nature:• -� Uwner s signature and address if not the applicant : figTi��JGr'H �1C,�K%SB/1l (Print Name) Applicant ' s Address : Tel. No. �d _? � �y , :7, e Vr•f F ,3 � ! � ' Received by Town Clerk : REC''I4�r, T0,s I_� K NOriTh ,UVEB Nou i0 3 'o P� '89 Notice to APPLICANT/TOWU CLERK of action of Planning Board of accompanying plan : 1 • The N th Andover P ening Board determine hat aid plat does not e e ap rova under he Su ivisi i Coi r I Law , and the appropri a endorsed has beer► ma upon the sane . a • 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 ANDOVEP PLANK NG BOARD By Date : SEE INSTRUCTIONS ON BACK OF THIS FORM PLEASE TYPE OR PRINT EXCEPT WHERE SIGNATURE IS REQUIRED r. Trial Court of Massachusetts DOCKET NUMBER CIVIL ACTION COVER SHEET SUPERIOR COURT DEPARTMENT 6.z) 3376 Essex Division PLAINTIFF(S) -DEFENDANTS) Town of North Andover Patricia Morrison Planning Board et alii ATTORNEY(S)FIRM NAME,ADDRESS AND TEL.) ATTORNEY(S)(if known) Harold Morley , Jr . 40 Appleton Way, Lawrence , Mass . 01840 (508) 683-9423 Board of Bar Overseers # (Required) 355220 ORIGIN CODE AND TRACK DESIGNATION Plaice an ® in one box only: C 1. F01 Original Complaint ❑ 4. F04 District Ct. Appeal c231, s. 97 (X) ❑ 2. F02 Removal to Sup. Ct. c231, s. 104 (F) ❑ 5. F05 Reactivated after Rescript; Relief from Q 3. F03 Retransfer to Sup. Ct. c231, s. 102C (X) judgmentlorder (Mass. R Civ. P. 60 (X) ❑ 6. E10 Summary process appeal (X) TYPE OF ACTION AND TRACK DESIGNATION (See Reverse Side) CODE NO. TYPE OF ACTION (specify) TRACK IS THIS A JURY CASE? CO 2 Zoning Appeal , Ch 41 Sec . 81BB (F ) ❑ Yes No 1. PLEASE GIVE A CONCISE STATEMENT OF THE FACTS: (Required in ALL Types of Actions) This action is an appeal from the North Andover Planning Board 's decision that a submitted plan does not require subdivision control approval. 2. IN A CONTRACT ACTION (CODE A) OR A TORT ACTION (CODE B) STATE, WITH PARTICULARITY, MONEY DAMAGES WHICH WOULD WARRANT A REASONABLE LIKELIHOOD THAT RECOVERY WOULD EXCEED $25,000: i 3. PLEASE IDENTIFY, BY CASE NUMBER, NAME AND DIVISION, ANY RELATED ACTION PENDING IN THE SUPERIOR COURT DEPARTMENT. NONE GATE $IG*TURE OF ATTORNEY OF RECORD OR PLAINTIFF 4 DISPOSITION RECEIVED A. Judgment Entered B. No Judgment Entered BY. hearing ❑ 6. Transferred t0 District a,rE 1. E. fore .r/trial or non jury Court underG.L. c.231, f 7 a. G3trrin0 iurY tri--t or non-jury hearkV DISPOSITIOFr ENTERED Q t rf?r'. eceivby Town Clem : j .. � RECIJVE�, , FORM A pANt �.LI%G ,80111Q psuoVER APPLICATIOM FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL SIpZ� �� 51pf 19 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 : 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 , or a private way , namely , being land bounded as follows : 2 . The division f land shown on he accompanying plan is not a sub- division for the following reasons : 3 . Title reference North Essex Deeds , Book ; Page or Certificate of Title No . Registration Book Page Ap icant' s Signature - Owner ' s signature and address if not the applicant : P�ttl��c�orr�JOr)_ �T n Mdrrls�n (print Name) Applicant ' s Address : /4/1 Id J#A2 A u;b Tel. No. �2d IY-,S r r Reei ved by Town Clerk : DANIEL 1_3h3 T0A4 F'AK NORTH k` 3OVER OCT 44 AM '03 Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : 1 . The North Andover P 1n plan o w , nd appro a 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 , 7tpp, — �,r�i bre— G� � � r� NORTH ANDOVEP PLANNING BOARD By Date : e Received by Town Clerk : FORM A RECEIVED DANIEL. LONG APPLICATION FOR ENDORSEMENT OF PLAN TOWN CLERK BELIEVED NOT TO REQUIRE APPROVAL NORTH ANDOVER JK la 9 57 AN 188 19 8,q 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 : 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 , u,trt-Ee- fy2 -T— , or a private way , namely , 01t_" C,,,>rr; , being land bounded as follows : 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : 3. Title reference North Essex Deeds , Book PageOoh ? or Certificate of Title No . Registration Book ; Page Ap t' • Signature n 'fow'ner ' s signature and address if not Yft j UA.�a 1 i cant : �o�a Y•11©2�so�J Q�n��, �irrtsc� . Print Name / G !(j/ d ✓ 1 Applicant ' s Address : Tel. No. Tkkz eS-3 -l9 ?, Received by To v AWOk . DANIEL LONG TOWN CLERK NORTH ANOOYER k 22 9 Ji AN `88 Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : 1,. Th North Andover Planning Board ermined that said plan does not require nder the Subdivision Control Law , and the appropriate endorsement has been m pon 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 BOARD Byi Date : Z49 �� Cei __ by Town Clerk : FORM A RECEIVED DANIEL LONG N CLERK APPLICATION FOR ENDORSEMENT OF PLAN NORTHANDO R BELIEVED NOT TO REQUIRE APPROVAL W Z! ! �� 9&To1 19&— To the 'Planninq Board of the Tows) 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 pian 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 or a private way , namely , being land bounded as follows : 2 . The division qf land shown on he accompanying plan is riot a sub- division for the following reasons : 3. Title reference North Essex Deeds , Book Pages or Certificate of Title No . Registration Book ; Page Ap icant' s Signature• ' ) y�A� Owner ' s signature and address if riotA , the applicant : P_ ic Drri n V n /�Orr6mt� (Print Name) Applicant ' s Address : /y /1 1,0/2 ) /I Tel. No.l HAH;OLD MORLEY, JR. .�fqq //11 Etarney at oCaw 40 APPLETON WAY LAWRENCE. MASS. 01840 TELEPHONE 15081683-9423 FAX (5081 794-4743 NOTICE OF APPEAL Applicant Patricia Morrison filed November 9 , 1989 Notice of Planning Board Decision filed November 30; 1989 Location of Property Water Street and Wiley Court, North Andover, Massachusetts Relative to the above entitled matter, please be advised the applicant filed an appeal of• the Decision filed November 30, 1989 to the Superior Court on December 14 , 1989, Case No. 89-3376. A copy of the complaint is attached hereto. rn By her attorney LYW, =IL:C ,rl. 0. i LU y, Lc� Ha old MorleJr. � — 40 Appleton Way z w Lawrence, Massachusetts 01840 Tel . No. ( 508) 683-9423 I hereby acknowledge receipt of a copy of the within notice this fifteenth day of December, 1989. aniel Long Town Clerk Nort Andover R E' I L'3 COMMONWEALTH OF MASSACHUSETTS Essex, s 3 ji i J 4f Superior Court Civil Action' No. . ,f 3376 PATRICIA MORRISON ) PLAINTIFF ) VS. ) COMPLAINT TOWN OF NORTH ANDOVER PLANNING BOARD ) GEORGE PERNA, JOHN SIMON, ) ERICH W. NITZSCHE, JOHN W. GRAHAM ) AND JOHN DRAPER ) DEFENDANTS The Parties and Jurisdiction 1 . Plaintiff , Patricia Morrison is an individualwhose address is 141 Water Street, North Andover, County of Essex, Massachusetts and is the owner of the land which is the subject of the within complaint. 2 . Defendant, Town of North Andover is a municipal corporation situated in Essex County, Massachusets having an usual place of business at the Town Hall , 120 Main Street, North Andover, Massachusetts. 3 . Defendant, George Perna is an individual residing at 260 Farnum Street, North Andover, Massachusetts and is a member of the North Andover Planning Board. 4 . Defendant, John Simon is an individual residing at 25 Ironwood Road, North Andover, Massachusetts and is a member of the North Andover Planning Board. 5 . Defendant , Erich W . Nitzsche is an individual residing at 1253 Salem Street, North Andover, Massachusetts and is a member of the North Andover Planning Board. 6 . Defendant, John W. Graham is an individual residing at 5 Magnolia Drive, North Andover, Massachusetts and i a member of the North Andover Planning Board. 7 . Defendant, John Draper is an individual residing at o 230 Johnson Street , North And ver, Massachusetts and is a 'member of the North Andover Planning Board. 8 . Defendant, the Members of the North Andover Planning Board have the power to hear and decide subdivision control matters in accordance with Massachusetts General Laws, Chapter 41 9 . This Court has jurisdiction over matters raised in the within Complaint pursuant to Massachusetts General Laws, Chapter 41 , Section 81BB. 10 . Plaintiff filed a plan with the Town of North Andover Planning Board, a copy of which is attached hereto as Exhibit "A", through the office of the Town Clerk, making application to subdivide the existing parcel under a Form A application, wherein approval under the Subdivision Control law is not required, a copy of said application, is attached as Exhibit 11$11 11 . Plaintiff sought to subdivide the existing parcel into two lots, each having sufficient frontage and area to satisfy the zoning requirement in R-4 Residential District under the Zoning-By-Law of the Town of North Andover. 12 . That the existing parcel is a corner lot having frontage on both Water Street which is a- public way and Wiley : Court , a way which the Clerk oftheTown of North Andover certified that it is maintained and used as a public way, said certification being noted on the plan which is Exhibit "A" . 13 . That at a meeting of the North Andover Planning Board held on November 16, 1989 the Planning Board voted that it has determined that said plan shows a subdivision, as defined by G .L . c . 41 , S . 81-L and must be re-submitted under the subdivision control law irrespective of the endorsement by the Town Clerk. That notice of said decision was filed with the Town Clerk on November 301 1989 , a copy of which is attached hereto as Exhibit "C" . WHEREFORE, plaintiff demands judgment as follows: 1 . That the North Andover Planning Board be ordered to endorse the plan, pursuant to Massachusetts General Laws, Chapter 41 , Sec. 81P; 2 . That the Court adjudicate and declare that the Planning Board exceeded its authority by not endorsing the plan and order the said Planning Board to endorse the plan in order that the plan is suitable for recording; 3 . That the Court adjudicate and declare that each lot shown on the plan compliez-, with the Town of North Andover Zoning By-Law; 4 . That the Court order such further relief as may appear mete and just. By her attorney, H rol o /achusetts 40 Appleton WLawrence, Mas 01840 (508) 683-9423 J PLAN CF LAND ii NORTHAVDOVER,MASS• owovEo er WATER fauecx-wlwvEj STREET XHN&PATR/C/A MORR/SM SCALE 1-2& AXYR XM swrrL.exmRLS. ,als.lrt S'S9-e4-LTE -_ - 12•.ae . . .2 --�.,'ti.v.fssr. T�.ee -- -laa.nT.aa.� AK!?MRMNTVE7P.ALAS£ 1 f blvgW Ava. .�-� 2l7 eI .•,1 IM=yry W.T. p �VfL•t.IJb �, I � 0 V a r .off•, •.11.5'• � « , .w . W n d LIF ALaaCT* L1au.JA I is ~r i (P S uV E. LA..iL61TA. �Lttt-swu - Ib)o34 S.F 'l ' Oj , �,yT4a TaJJ Pt.WtR'w Auawaa. j y ... "I Fr a 1 » / 1� '`����'� � � .• ba+a Mesas btw awM.•1..J..Y6 6r.41 }PpAr al V Pa aly QL_) A�el.rr.stel ' S.wae ?. F ..t�s+•.a Dae.eelL ^''w,G ;QrJI•ly1N ups 1 j S " _ 4Y.S0 P .6rc.bsG ISe.ee - �_ F.l(F V I� 15.1 t o@l.:J LAI FF .7 Na+Dt Mr.1a36Y .-_� I..l a-rl`. . 3La�a'IL�Izzw, iic'LIQ APP ceVAL_ Q+1 TNF. �vl�oly !eU Cs..t'�t-_ V•*ti) o E: T4115 pLt�y IS A-3vpolvl6leU er @4ul\C¢.O. eF l�eT h SNs.rl U eV R!-ty � _ L.1asCT'H /�w OeyEla:-F.l-uU1UG a _' -C+. V S0) .VT TME LAo R•_TM _'as@X C4�It w.rJ Q.EGt ST 2.•7 oP- dE.EyO S. THE C.B.A..•. 1a IGO `O )]1-.T�.: S THE ZeulV G DlST1G\GT- \S 2.•A•. • 1. 12,Ssao S.F. b<'-TA S. as Fr r-.-r Y>•+-e = Ga�+rrPY Tw+_T x w.a.vt. Geuf'•a c�naD �mN 2 \ep�' JTO.F-G: OlCAV6rJi.a �' T6 •' TN6 V.Vt-6�1 �L6G VL�T.et.a� Of Toa L'iGr1T{<,tS • S. IS Slan•-i�.La, F a 816e iTM EL. lSto6. teF �s•aoS to F>cc/�►;.uc PpM,I�S� -�-� a - ly ei �y Town Clerk : r(' li 4 FORMA .71 i:. APPLICATION FOR ENDORSEMENT OF PLAN 1 i ',E'R BELIEVED NOT TO REQUIRE APPROVAL - N'Ur 9 10 49 .2 19 To the Planning Board of the Totni 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 frontage required by the NortV ndover Zoning By Law and is on a public way , namely , (��, p v # or a private way , namely , c� being land bounded as follows : 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : 3. Title reference North Essex Deeds , Hook ( �.f,- Page ,}; or Certificate of Title No . Registration Book Page Ap icant' s Signature: Owner s signature and address if not nr4Z(Lthe applicant : (Print Name) Applicant ' s Address : r � Tel. NQd� ?�7 Received by Town Clerk : REC.- OAS iFt.. U NGttTri �VER :NOY Notice to APPLICANT/TOWN CLERK ofactionof Planning Board oil accompanying plan : ` 1 . The \not Andover P ening jilias determine hat aid plan doesa re ap rova ue Su ivisi i Coe .r 1 Law , and the appropri a endorsebeen ma upon the sauce . 2 . The North Andover Planning Board has determined that said plan shows a subdivision , as defined by G . L . c. 41 , s . 61 -L , and must therefore be re-submitted to it for approval under the Subdivision Control Law . Very truly yours , NORTH ANDOVER PLAIIING BOARD By Date �,kl 1L. rim n • b SEE INSTRUCTIONS ON BACK OF THIS FORkw PLEASE TYPE OR PRINT EXCEPT WHERE SIGNATURE IS REQUIRED Trial Court of Massachusetts DOCKET NUMBER kl)�CIVIL ACTION COVER SHEET SUPERIOR COURT DEPARTMENT 3316 Essex Division PLAINTIFF(S) DEFENDANT(S) Town of North Andover Patricia Morrison Planning Board et alii ATTORNEY(S)FIRM NAME,ADDRESS AND TEL.) ATTORNEY(S)(it known) Harold Morley , Jr. 40 Appleton way , Lawrence , Mass . 01840 (508 ) 683-9423 Board of Bar Overseers # (Required) 355220 ORIGIN CODE AND TRACK DESIGNATION Place an ® in one box only: ® 1. F01 Original Complaint ❑ 4. F04 District Ct. Appeal c231, s. 97 (X) ❑ 2. F02Removal to Sup. Ct. c231, s. 104 (F) ❑ 5. F05 Reactivated after Rescript;Relief from 3. F03 Retransfer to Sup. Ct. c231, s. 102C (X) judgment/order (Mass. R Civ. P. 60 (X) ❑ 6. E10 Summary process appeal (X) TYPE OF ACTION AND TRACK DESIGNATION (See Reverse Side) CODE NO. TYPE OF ACTION (specify) TRACK IS THIS A JURY CASE? CO 2 Zoning Appeal , Ch 41 Sec . 818B (F ) ❑ Yes © No 1. PLEASE GIVE A CONCISE STATEMENT OF THE FACTS: (Required in ALL Types of Actions) This action is an appeal from the North Andover Planning Board ' s decision that a submitted plan does not require subdivision control approval. 2. IN A CONTRACT ACTION (CODE A) OR A TORT ACTION (CODE B) STATE, WITH PARTICULARITY, MONEY DAMAGES WHICH WOULD WARRANT A REASONABLE LIKELIHOOD THAT RECOVERY WOULD EXCEED $25,000: 3. PLEASE IDENTIFY, BY CASE NUMBER, NAME AND DIVISION, ANY RELATED ACTION PENDING j IN THE SUPERIOR COURT DEPARTMENT. NONE DATE SIGNATURE C�ATTORNEY OF RECORD OR PLAINTIFF s- , RECEIVED DISPOSITION j A. Judgment Entered B. No Judgment Entered Br: hearing ❑ 6.Transferred to District "E f. E�tore;ter/ trial or non jury 9 rt.,��rt under G.L c231. _._ �.. m�� OF NONIy, OFFICES OF: ;_' ' ° Town Of 120 Main Street BUILDINGNorth Andover CONSERVATION ste: NORTH ANDOVER Massachusetts 01845 HEALTH °'` DIVISION OF (508)682-6483 PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR November 30, 1989 After conversations with representatives of the Division of Public Works for the Town of North Andover, It isouropinion that Wiley Court is used and maintained as a Private Way and does not meet the design standards of a Public Way within the Town of North Andover. 14 Christian C. Huntress Town Planner Daniel Long Town Clerk