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HomeMy WebLinkAboutREGAN, ROBERT wr 04't;o F7�� 0 •fir '� ;l•, 1855 ►y�SgCHUg� - TOWN OF NORTH ANDOVER MASSACHUSETTS v Q�Ca BOARD OF APPEALS NOTICE OF DECISION Date . . . August 4 , 198.1 . . . . . . Petition No.. . . . .2.9. . -. . 81. . . . . . . Date of Hearing. . J.0 1 y 13 , 19 81 Petition of . . . .RO.BERT P... . REGAN . for. Wi 1.1-ow. .In.dus.tri.al . .P.ar.k . . . . . . . . . . . . . . . . . . Premises affected . .Lots . .3. , . .3.3,. .an.d . 5.1, . .abu.tti.ng. .and. .in.cludin.g . Lo.t. s. .on. . Flagship Dr . Referring to the above petition fora WMIM. . Sp.e c.i.a l. .P.a rmi t . . . .under. Section . 4., . P.ar. ,. 4..11 . .(.3). .of. .th.e .Zo.ning. By . Law. . . . . . . . . . . . . . . . soastoperndt . . the. extens.ion . o.f. . the . I.nd.ust.ria.l. . us.e . .i.nto. .th.e. r.esi.den.tial area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . G RAlV T- - the Spe.ci a1. . Permi.t . . . . . . . . . . . . . 1"J"Iiy.,M. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signed Frank. Seri o., . Jr , . .ChAi rman. . . . . . . Alfred , E.., . Frize.11e , _ E.sg ., , . Ui.ce, .Chairman Willi am. J . . Sullivan. . . . . _ , . . . Au.gusti ne .W... . Ni.cke.rso,n . . . . . . . . . . Raymond. A, . .Vi .v.enz.i.o, .Es.q , . . . . . . Board of Appeals pop? p�io-•o y�'rp b 0 * R N TOWN OF NORTH ANDOVER MASSACHUSETTS w � Ati b° BOARD OF APPEALS to ez .August 4 , 1981 Robert P. Regan for Willow Industrial Park 805 Turnpike St . Petition No . 29 - ' 81 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 , July 13 , 1981 upon the application of Robert P . Regan . The hearing was duly advertised in the North Andover Citizen on June 25 and July 2 , 1981 and all abutters were notified by regular mail . The following Board members were present at the public hearing and again on July 21 ,1981 when the Board rendered its decision : Frank Serio , Jr . , Chairman ; Alfred E . Frizelle , Esq . , Vice Chairman ; William J . Sullivan ; Augustine Nickerson ; and Raymond A. Vivenzio , Esq . The petitioner seeks a Special Permit under Section 4 , Par. 4 . 11 ( 3) of the Zoning By Law on the premiseslocated on Flagship Drive and known as Lots 3 , 33 , and 51 , abutting and including Lot S . The petitioner introduced evidence showing that on June 5 , 1972 , the premises were in one ownership and copies of deeds were presented to the Board. The petitioner proposed to extend the Industrial use into the Residential area . The residential area in question will not be affected by said change. Upon a motion made by Mr. Frizelle and seconded by Mr. Nickerson , the Board voted unanimously to grant the Special Permit as requested . The Board finds that each of the provisions of Section 10 . 31 have been satisfied. Sincerely , BOARD OF //APPEALS AEF/jw Frank Serio , Jr . ? Chairman (TO PhA1NTIFF'S ATTQJCj tDPlease Circle Type of Action Involved:—TORT—MOTOR VEHICLE TORT— DANIEt: ACT— EQUITABLE RELIEF—OTHER.) 70MIN j NORTH ANDOVER i ftMJW'PLTH OF MASSACHUSETTS `o ESSEX,ss. SUPERIOR COURT CIVIL ACTION lg88 Robert P. Regan, John Grasso & Vincent Grasso .Plainti$(s) aO ;w Paul A, Hedstrom, et als. ...............................•-•--• ,Defendant(s) p SUMMONS o ^ gg s To the above named Defendant: You are hereby summoned and required to serve upon .... ---------_------------------------------------- o v 3 Villa e S uare Chelmsford MA �3 plainti$'s attorney, whose address is ...............•--•_--.-..-g.......9.---•-•--•.z---•-•-••-----._.....---._a........_...-----•--•--> an answer to the complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclu- sive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief de- manded in the complaint. You are also required to file your answer to the complaint in the office of the Clerk $ of this court at ................................................ either before service upon plaintiff's attorney or within a reasonable gg time thereafter. m 3 Unless otherwise provided by Rule 13 (a), your answer must state as a counterclaim any claim which you may have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the plaintiFs claim or you will thereafter be barred from making such claim in any other action. a rWITNESS,Thomas R. Morse,Jr., Esquire,at Salem,the q g day of in the year of onr Lord one thousand cnine hundred and eighty m A F s $ . Cierk NOTES: 1. This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure. 2. When more than one defendant is involved,the names of all defendants should appear in the caption.If a separate summons is used for each defendant,each should be addressed to the particular defendant. Sd 15 Form 1 PRG�- � cUtify and rcte=-n that 14$ I sen�I a a trir, :nmons, togetbe with a c ornpla, ; n, cagr s �� ; :�ithin-namcd defence in the tc '„zKarg manner (See Mass. R. c r. ;d) (1-5): ----.__._._._____ _.. 198 ...... ..... ...... .. 1 ;,.00ESS SERVER:— PLACE DATE YOU MAKE SERVICE ON DEFENDANT IN THIS .BOX ON THE ORIGINAT, v-dr) ON COPY SERVED ON D'EFENbANT. �,,.. 19f E+ t7 TSy H cc: N 0 v d rn ti. +s: i crs n: W ?" : • !n x ;Ca tali ._. P, O: O w " �t) NOTIFICATION OF APPEAL Pursuant to G. L. Ch. 41, Section 81BB, notification is hereby given that Robert P. Regan,, John Grasso, and Vincent Grasso have filed an appeal with the Essex County Superior Court of the decision of the Planning Board of the T,Qwn of North Andover recinding the approval of The Willows Industrial Park Extension Definitive Subdivision. Said appeal was filed with the Essex County Superior Court on February 22, 1985 and was entered within twenty (20) flays after such decision was recorded with the office of the^ North Andover Town Clerk. ROBERT P. REGAN, JOHN GRASSO and VINCENT GRASSO, by their attorney, r _ �'LJVHIV K. BRI T Esquire RRAGHER, FOX AND LAMPERT 3 Village Square Chelmsford, MA 01824 (617) 256-4167 DATED: February 21, 1985 1298D COMMONWEALTH OF MASSACHUSETTS ESSEX, SS, TRIAL COURT SUPERIOR COURT DEPARTMENT DOCKET NO. ROBERT P. BEGAN, JOHN GRASSO ) AND VINCENT GRASSO,- ) Plaintiffs, ) - j VS. ) COMPLAINT PAUL A. HEDSTROM, MICHAEL P. ) ROBERTS, ERICH V. NITZSCHE, JOHN j A. JAMES, JR. , AS THEY COMPRISE ) THE MEMBERS OF THE PLANNING BOARD) OF THE TOWN OF NORTH ANDOVER, ) Defendants j 1. This is a claim of appeal pursuant to Mass. G.L. Ch. 41, Section 81BB, and is an appeal from the decision of the Planning Board of Town .of North Andover rescinding the approval of a subdivision plan of The, Willows Industrial Park Extension located in North Andover, Essex County, Massachusetts. Said subdivision plan was approved previously by the Planning Board on October 22, 1980. 2 . The plaintiffs, Robert P. Regan, John Grasso and Vincent Grasso as of February 5, 1985 are the owners ,of two lots in said subdivision and are aggrieved by said decision within the meaning of G.L. Ch. 41, Section 81BB. 3. The defendants are Paul Hedstrom of 30 Oak Drive, North Andover, Massachusetts; Erich V. Nitzsche .of 1253 Salem Street, North Andover, Massachusetts; Michael P. Roberts of 479 CARRAGHER.FOM. - ANOLAMPERT Waiverly Road, North Andover, Massachusetts; andJohn A. James, ATTORNEYS AND COUNSELLORS AT LAW Jr . of 132 Brentwood Circle, North Andover, Massachusetts, as THREE VILLAGE SQUARE - - CHELMSFORD.MASS. they comprise the . members Planning Board of .the Town of North 01624 — Andover. Said defendants are sometimes hereinafter referred to TEL.(51'n 256--416 7 as the "Planning Board". 4 . The plaintiffs are the owner of two parcels of land located in The Willows Industrial Park Extension referred to in said subdivision plan as Lot S and U. Said land has been prev- iously owned by Capricorn Corporation of which the plaintiffs were officers and shareholders. The plaintiffs obtained title to said land individually as a result of the dissolution of said corporation. 5. On or about October 22, 1980, the defendant, Planning ' Board of the Town of North Andover, voted to approve the Definitive Subdivision Plan of Willows Industrial Park Extens- ion located in North Andover, Mass. , Scale 1" to 40', dated June 13, 1980, revised October 6, 1980 containing two sheets. At that time the applicant for said subdivision within. the meaning of G.L. Ch. 41L was the plaintiff, Robert P. Regan, who with the plaintiff, Vincent Grasso and one Lou Hamel were the owners of the real estate which comprised the subdivision. 6. At that time, the Planning Board made approval condit- ional upon compliance with certain covenants. A copy of said covenants and approval is attached hereto marked as Exhibit "A" and incorporated herein by specific referenced thereto. 7. On or about June 8, 1981, after obtaining certifica- tion from the Town of North Andover, Office of the Town Clerk, that no appeal had been taken from the decision of the Planning CARRAGHER.FOX I - AND.LAMPERT Board, the applicant for the subdivision, approval dutifully ATTORNEYS AND COUNSELLORS AT LAW recorded the approved subdivision plan with the North District THREE VILLAGE SQUARE _ CHELMSFORD.MASS.. Registry of Deeds..for Essex County, located in Lawrence, 01824 - TEL.161.'n 266-4167 Massachusetts on June 8, 1981 at 4:00. p.m. 8 . Thereafter, the decision itself and _covenants as detailed .in Exhibit "A" of this Complaint were inadvertently and without` malicious purpose or design- not recorded with the Northern District Registry of Deeds of Essex County until July 19, 1982." 9 . After approval of the subdivision plan and the recording of, the same at the appropriate Northern District Registry of Deeds of Essex County by the original applicant, lots in the subdivi- sion were conveyed to third parties by the plaintiffs and Capricorn Corporation for valuable consideration. At all times, said lots were sold to third parties with disclosure of the conditions of the approval of the subdivision asset out in Exhibit "A" and with knowledge or reason to know of the record- ed subdivision plans by the various grantees. 10. on or about November 25, 1981, Lot W of said subdivision plan was conveyed to ARC Corporation by Capricorn Corporation 11. At the time of conveyance, although the covenants (Exhibit "A" ) were not recorded at the Northern District Registry of Deeds of Essex County, the principals of ARC Corporation, knew or had reason to know of said covenants and the restrictions therein contained. 12. Thereafter in the spring of 1982, the ARC Corporation attempted to construct a commercial building on Lot W and were issued a building permit for construction of said building. However, a controversy arose concerning the compliance of ARC CARRAGHER.FOX AND LAMPERT .Corporation with requirement No. 7 o the covenants imposed on ATTORNEYS AND .. COUNSELLORS AT�W the approval of the subdivision- plan. for The willows . Industrial : THREE VILLAGE SQUARE CHELMSFORD.MASS Park Extension. TEL (61 r,2S5-4157 13 . As a . result of the dispute concerning ARC Corporation's compliance with Requirement No. 7, litigation was commenced in the Essex County Superior Court by certain abutters of Lot W pursuant to G.L.Ch. 41, Section 81Y. 14 . Thereafter on July 19, 1982, the covenants for the subdivi- sion of The Willows Industrial Park Extension were recorded by the .original applicant, Robert P. Regan. 15. On August 4, 1982 the Essex Superior Court, Ronnan, J. , granted Summary Judgment to ARC Corporation effectively allow- ing it to construct it 's structure as planned. A copy of said Summary Judgment is attached hereto marked as Exhibit "B" and incorporated herein by specific reference thereto. 16. Thereafter, six additional lots were conveyed in The Willows Industrial Park Extension Subdivision to various third parties by Capricorn Corporation. A total of fourteen (14) lots of said subdivision to date have been conveyed. ' 17. Since the initial approval in 1980 of The Willows Industr- ial Park Extension subdivision the applicants and their succes- sors and assigns did comply with all covenants contained in the North Andover Planning Board 's approval as detailed in Exhibit "A" 18. Covenant No. ,7 of the approval of The Willows Industrial Park Extension Subdivision (Exhibit "A" ) contained requirements which. exceeded the requirements of existing zoning ordinances CARRAGHER.FOJC. AND LAMPERT and by-laws of the Town of North Andover and therefore said ATTORNEYS AND COUNSELORS AT LAW conditions exceeded the authority of the Planning Board of the THREE VILLAGE SQUARE CHELMSFORD.MASS. Town of North Andover as set out In G.L.Ch. 41, Section .81Q. TEL.(617)256-4167 19. Thereafter in late 1984 and January, 1985, ARC Corporation did construct, with full knowledge of the covenants contained in the subdivision approval for The Willows Industrial Park Extension an addition to it 's existing structure. 20. Prior to commencing said construction, the ARC Corporation received building permits from the Building Inspector for said construction. 21. Thereafter, certain abutters, expressing their dissatis- faction with the extension to the existing ARC structure and the interpretation of covenant No. 7 by the BuildingInspector of the ,Town of North Andover, did oppose the approval by, the Planning Board of the plan for said expansion of the ARC Corpo- ration structure. 22. As a result the Planning Board of the Town of North Andover did propose rescinding of The Willows Industrial Park Extension Definitive Subdivision and scheduled a hearing for the same on February 4, 1985. Notice allegedly was duly advertised in the North Andover Citizen on December 13, 1984 and December 20, 1984. 23. At the Planning Board hearing on February 4, 1985, the Board voted to rescind the approval of the Definitive Subdivis-. ion Plan of The Willows Industrial Park Extension located in North Andover, Mass. , Scale: 1" to 40' dated .Tune 61 1981 as recorded with Essex North District Registry of Deeds Plan No. CARRAGHER.FOIA AND LAMPERT 8648. ATTORNEYS AND COUNSELLORS AT LAW 24. At that hearing no evidence was presented of the plaintiffs' THREE VILLAGE SQUARE CHELMSFORD.MASS. noncompliance with the Planning Board 's approval and covenants 01824 TEL (61 i)258-41 67 as set forth in it's decision dated October 22, 1980.' Rather, ' the Planning Board solely relied on the fact that the plain- tiffs had inadvertently failed to record said covenants until July 19, 1982. Evidence was offered at said hearing by the plaintiffs that third parties had not suffered any damage as a result of the inadvertent delay in recording said covenant. 25. In addition, the defendant, Planning Board of the Town of North Andover failed to consider the provisions of the subdivi- sion control law relating to the submission and approval of plans in deciding to rescind said approval as mandated pursuant to G. L. Ch. 41. 26. Thereafter the defendants voted to rescind said subdivision approval and did file the decision with the Town Clerk on February 5, 1985. - There is attached to this Complaint an attested copy of this decision which bears the date of filing thereof, certified by the Town Clerk, with whom the decision is filed. Said decision is attached hereto and marked as Exhibit "C" and is incorporated herein by specific reference thereto. 27. The plaintiffs say that the decision rescinding the subdiv- ision approval for The Willows Industrial Park Extension Defin- itive Subdivision is an abuse of and exceeds the authority of the Planning Board of the Town of North Andover. Plaintiffs further say that the North Andover Planning Board has based it' s decision on legally untenablegrounds and that the board has based it 's decision on grounds and on reasons that are not CARRAGHER.FOX AND LAMPERT , relevant or material under G.L..Ch. >.41, Section 81W or G.L.Ch. ATTORNEYS AND p COUNSELLORS AT LAW 81U or The Planning . Board 's Rules and Regulations. THREE VILLAGE SQUARE CHELMSFORD.MASS. 28. Plaintiffs-further. say . that the decision of. the Planning 01824 TEL.(61] 256_418 Board of the Town of North Andover to rescind the subdivision approval is unreasonable and arbitrary and creates a substant , ial hardship on the plaintiffs. 29. Plaintiffs further say that The Willows Industrial Park Subdivision as substantially completed is in strict compliance- with all covenants and conditions as specified in the Planning Boards approval dated October 22, 1980. Said subdivision, as exists, does not detract from the general health, safety and welfare of present or future inhabitants of the Town of North Andover. 30. The Planning Board of the Town of North Andover has unreasonably delayed in instituting any action to rescind or modify the Definitive Subdivision Plan of The Willows Indust- rial Park Extension for period in excess of two years after learning of the delayed recording of the covenants contained in the approval to the prejudice of the plaintiffs and is estopped from ascertaining such action at this time. . 31. Plaintiffs further say that the recission of said subdivis- ion approval doesnotrelate to the provisions of the subdivis- ion control law and was rendered in bad faith solely to damage and sanction the individual plaintiffs. WHEREFORE, the plaintiffs pray that this Court order the following relief: a . That the Planning. Board of the Town of North Andover's decision dated February 51 1985 rescinding the CARRAGHER.Fox approval of The Willows - Industrial .Park Extension AND LAMPERF Definitive Subdivision be annulled. .:• ATTORNEYS AND COUNSELLORS AT LAW b. Costs be allowed against the Planning Board since said THREE VILLAGE SQUARE Board acted in bad faith in rescinding.,said approval. CHELMSFORD,MASS 01629 TFL(617)256-4167 C .. That judgement enter exempting lots S and W of The Willows Industrial Park Extension Definitive Subdivis- ion from the recession of approval by the Planning Board of the Town of North Andover by reason of said lots being conveyed in good faith d. Such other relief as justice and equity may require. ROBERT P. REGAN, JOHN GRASSO, VINCENT GRASSO, by their attorney, JOHN K. BRITT, Esquire CARRAGHER, FOX AND LAMPERT 3 Village Square Chelmsford, MA 01824 (617) 256-4167 DATED: February 22,` 1985 1296D CARRAGHER.FOX AND LAMPERT ATTORNEYS AND COUNSELLORS AT LAW, THREE VILLAGE SQUARE CHELMSFORD,MASS. 01 824 TEL (617);1,56-4167 030 FORM C APPLICATION FOR APPROVAL OF DEFINITIVE PLAN AUG. /8 , 19 SO To the Planning Board of the Town of North Andover: The undersignedt being the applicant as defined under Chapter 41, Section 8I-L, for approval of a proposed subdivision shown on a plan entitled . by (?o 6 6(_'T P. l2CG APJ dated G f SA0 being land bounded as follows: 0" 77tf- /JOAT)-! 8X 44N-0 N/F MAn/fJo 4nd Wi c.L o w .IW7->usTR1a1- onJ 'rttC N/r 5ytYos�A::- • oN 7)-fE aAs7- LA,fp uhf- ccivabhl , GoCQPiCA ct,-.r A)0V6 Z hereby sdbmits said plan as a DEFINITNE plan in accordance with the Rule Regulations of the North Andover Planning Board and makes application to the Board for approval of said plan. Title Reference: North Essex Deedsl Book Page Lc)L; or Certificate of Title No. , Registration Book , page ; or Other: Said plan has( ) has not0c) evolved from a preliminary plan submitted to the Board of 19 and approved (with modifications) ( ) disapproved ( on 19 The undersigned hereby applies for the approval of said DMmaTffz 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 Toxin 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 Plaxming Board, the Public Works Department, the Highway Surveyor, the Board of Health, and all general as well as zoning bye-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- vents herein shall be binding upon all heira, executors, administrators, successors, grantees of the whole or part of said land, and assigms,vfthe > } undersigned; and Y�*„ 3. To complete the aforesaid installations and con traction wit { 'two 3s r years from t r e,eof. Si p9 A Received by Cler�l Applicant Date: tore of�f ��' /y8 + . Awl} 7wo?dA114 4 -7 4 `- s{ �, r r.E Time: � Q Signature: Address " � y r 0. AIF Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning Board on Definitive Subdivision Plan entitled: WILLOWS INDUSTRIAL PARI{ EXTENSION ` By: Robert P. Regan dated June 13 t 19 8^o and * * * * * * Revised October 6e 1980 The North Andover Planning Board has voted to APPROVE said plan, subject to the following conditions: 1. That the record owners of the subject land forthwith execute and record a "covenant_running with the land"$ or otherwise provide security for the con- structior4 of ways and the installation of municipal services within said sub- division� all-ss provided by'G.L. c. 7a1 S,"91-U, 2. That all, such construction and installations shall in all respects confom"Ito the gover»iiig rules and regulations of this Board. 1111111111111111 Mal k. Other conditions: (see attached sheet t . In the event that no appeal shall have been taken from said approval Within twenty days from this date# the North Andover Planning Board will forthwith thereafter- endorse its formal approval upon said plan. All 1 12 13 14 S 03 LO � o o _ o oFo �z2z� NORTH ANDOVER PLANNII+G BOARD dD tD 4'Z Date: October 22, 1980 By: . Will .= rhet21L:is, Chaff Conditions for Willows Industrial Park Extension October 22, 1980 No. 3 $oilerplate does not apply. 4. That no work shall be- done in the subdivision until security in the form of a bond or covenant has been duly recorded and the plans are signed and recorded. 5. That any changes made to the definitive plan by other town agencies or officials shall be submitted to the Planning Board by the applicant. 6. All street trees shall conform to the Tree Warden's specifications. 7. That, as required by our Zoning By—Law, Table 2 Summary of Dimentional. Requirements, Footnote 3: Adjacent to residential districts, the required side or rear setback shall be 100 feet. The first 50 feet shall remain open and green, be suitably landscaped, unbuilt upon, unpaved and not parked upon. Said 100 foot setback shall extend from the property line. 8. All water and sewer improvements shall be in accordance with the Board of Public Works letter dated September 22, 1980. 9. As required by the Highway Surveyor's latter dated September 16, 1980: a) all road improvements shall be made in accordance with the revised plan, dated October 6, 1980; b) A minimum grade. of 1% shall be maintained on the entire roadway; c) :where drainage is to be discharged, a drainage easement deeded to the Town of North Andover shall be required; d) Road gravel must be of good quality and free of any stones over 6 inches; e) Waiver of 40 foot paved area. 10. Revised plans showing the 1A grade shall be submitted to the Planning Board. 11. A Certificate of Complacence required from any Order of Conditions issued by the Conservation Commission shall be required of the applicant prior to the final release of any bond or covenant. 12. All work in said subdivision shall be completed no later than October 15, 19811, except the finish coat. On October 15, 1981, the Planning Board will set a completion date for the finish coat. Recorded July 19,1982 at 1:6PM ^997 born'ONT EALTIT OF !iASSP_CHUSETTS ESSExt SS SUPERIOR COURT vio. 82-1223 . Robert P. Go e4ri ck' et als ,Plaintiff(s) v. Charles H. Fester, et al ,Defendant(s) .Sb s'irvUUvitM;i ('raASS. R.. CIV: P. 56) This action carie to be heard before the court, RDna. ,3. presiding, upon the motion of the defendantk'R`C• Realty CarporatisPfor summary judgment pursuant to Yiass. R. Civ. P. 56, the parties having been heard, the Court finds that there is no genuine issue as to material fact, and that the defendant LR.C. Realty Corporation is entitled to a judgment as a matter of law, It is hereby ORDERED that: the conplaint of plaintiffs be. -and hereby is dismissed against defendant "A.R.C. Realty Cerperatisn without costs. Xx Date; August 4, 1982 . Assistant C er o VIOL F-SCISSION NOTIFICATION In accordance wit). M.G.L. Chapter 41, Section 81W, the North Andover Planning Board he'd a Public hearing on January 7, 1985 in the Town Office Meeting Rm.n for the purpose of rescinding the approval of the Willows Industrial Park Extension Definitive Subdivision . The hearings were continued to the January 21 and February 4, 1985 Planning Board meetings. The hearing notice was duly advertised in the North Andover Citizen on December 13 and 20, 1984. At the Planning Board's February 4, 1985 hearing, the board VOTED ; To rescind the Definitive Subdivision Plan of Willows Industrial Park Extension located in : North Andover, Ma., Scale 1"=40' Dated June 13, 1980,rev. October 6, 1980, Sheet 2 of 2 Sheets. Owner of Applicant: niiiow industriai 'Parr, 9iS Turnpike Street, North Andover, Ma. ; Surveyor Frank G. Gelinas E Associates; Engineer, Robert P. Regan. Plan is recorded with .Essex North District Registry of Deeds.as Plan No. 8648. Said motion is ba, ed en the oral presentation and affidavit as to the recording'order aid fear noncompliance with the Planning Board's approval -- dated October 22; 1980, recorded July 19, 1982, 0997. Motion : Michael P Roberts Second:. Erich W. Vitzsche In Favor: Erich V . Nitzsche, Paul A. Hedstrom, Michael P. Roberts Abstain,: John A. James, Jr. Lot S is owned by Robert P. Regan, John Grasso and Vincent Grasso as of February 4, 1985 and recorded with .the Registry in Book 1873, Page 159. Chairman COQ 4ONWEALTH OF MASSACHUSETTS Essex, ss. February 5 1985 00 7F,&n personalty a �peared Paul Hedstrom Chairman of the Nbl'th'A'ndover oY�o PR3nning Board of Massachusetts and acknowledged the foregoing instrument >�-J© tole the free act ind deed of said Planning Board, before:me, 01 w Notary Public ATTEST: A Tme Cbm My Commission Expires * .:04 X0001 4f"^&1110 Town Clerk I3ORTH ESSEX DISTRICT REGISTRY OF DEEDS Lawrence, Massachusetts. 01840 _ DATE: RECEIVE Dollar s FOR: REG J n 1 71, FORMA t �o APPLICATIONFOR' ENDORSEMENT OF PLAN t 4 aN BELIEVED `NOT TO REQUIREAPPROVAL q Otto June 4 19 . 84 ro- Planning Board of the Town of Nor0 Andover ; The undersi gned ,wishes to, record ; the. .accompanyi,ng .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 .di vision' :.of .land..s-hown..:on ..th e' ac companyi`ng' plan As' not : a sub- di vision ub-division because every- -lot;: shown thereon has the amount .of.,frontage required by' the North 'Andover •Zoni,ng - By Law- and , is on a publ,ic -vay , namely , ; ,Flagship -Drive orrr a p-r�ivate, way,, namely , , r being Land 'bounded as fol bows : On� the 'North and 'East .tby,".Iand of Commadore. Corp, on the Weat' by land N/F :Capricorn Corp, and, on the.'$outh .by land NIF Hagarty 2, '_',7he7,d1Yvis an :-o,i;.;.,l and.s.how.n�on ..the==acro:mpanying »plan :.is-;not .•a =sub-.: di vi s i on for.,.the, .fold:owi n.g_:reasons. » The Property has. frontage • on an 'existing road 3. Title reference. North ;:Essex Deeds ,' Book--. 1`509 Page - . 150 or Certi fi cate ;of:%Ti tl e No ,,,.Registration .Book ; Page.. _ App. ' ca t Si at re : .• Owner ' s signature..and address; if not. the:. app.licant : ant.' s AdVs. Capricorn Corp Robert ReNorth Andover MA urnpi e s ,. North Andover MA ioceiYqn erk ; 4.. 41, Ali'.. - Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan 1.. The Nor.th 'Andover:' lanning Board has determined that said plan does not require approval under theISubdivision Control Law , and he„ appropriate ,endorsement has been made upon the same . ' .vJ 2 ."' The"North,'Andover} P1'anni ng; Boa`rd ..ha.s,; determined tt-hat .'said plan shows' a "s"ub'di Vision ,. as .defined by ..G ,L ..: c ._.41 , s ,;,,8� _L , ` and _. . must"' therefore:be;.re-submitted to ,r_tl;for approva,l, . under `the _ . Subdivision 'Co ntrol_'-:Law .;:: F n v v v .,.Very truly. yours xayL,,"N RTN `:ANDOVER '-PLANNING ' BOAR( k By , Date F. 7 XG r v , v r v Received by Town Clerk : RECEIVED RECEIVED DANIEL LONG FORM A DANIEL L7War TOWIi' f;l HK TOWH uLFVERitY N0RTh AN OVER APPLICATION FOR ENDORSEMENT OF PLI�tVRT}; „fi0O SEP s 9 55 AM 18BBELIEVED NOT TO REQUIRE APPROVU" 9 54 AM '88 3o AUGUST , 19 88 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 9 required . The undersigned believes that such approval q 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 , SIiD , being land bounded as follows : es--f.0c e (I ,f kA 1f9nfi/1Ekcc1JH �d (_dwOdUccT 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : fir. 3. Title reference North Essex Deeds , Book / 8'SS Page 0 or Certificate of Title No . Registration Book Page Applicant' s Signature: W ry f� eD ' #Z 772uSf Owner ' s signature and address if not the applicant : Tn.a feQ (Pri t Name) RatS�RT' GAA) Applicant ' s Ad s: 0 4ox l4 No R 4 ANPQt1a MA o/84s i .. No.AV , $7—oSa q yt ' Received by Town Clerk . RECEIVED "►-'� � DANIEL LONG TOWN CLERK NORTH ANDOVER SEP I 12 05 FY, '88 Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : 1 . The North Andover Planning Board has det that said plan does not require appro a-- - �r t e Control taw , and the opriate 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 BOARD J 3 Date • --4 gE�EIVED FORM A vjwl CLEO �fgRTN QO`IER APPLICATION FOR LNDORSEIIE14T OF PLANp;i i BELIEVED NOT TO RE( 9( PM c� To the Plannirig Board of the Town of North Andover : The undersigned wishes to record the accompanyinn plan and requests a determination by said Board that approval by it under the Subdivision Control Law is riot required . The undersigned believes that such approv 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 , Osgood Street , or a private way , namely , being land bounded as follows : Shown as Lots A and B on Plan of Land in North Andover, Mass. Owned by E igio M. Forgetta, et al , trustees, dated August 1988 .' prepared by Precision Surveying, Reg. Land Surveyors, Windham, N.H. Lot A willbeconveyed to Daniel and Joanne E. Forgetta, the preset owners of the area marked "49,670 square feet of land" . Lot B will e conveyed separately. 2 . ; The division of land shown on the accompanying plan is not a sub division for the following reasons : There are no ways, streets , or subdivisions other than the creation (7f a Int- ha Vi,ng tha rMn i rayl Frnr,tnno n ^QE -St -4- 111--th _ _Andover_ 3 . Title reference North Essex Deeds , 1965 Fg@ ^ice or Certificate of Title No . Registration Book Pane Applicant' s Signature: Owner ' s signature and address if riot Forgetta Famil rust the applicant : (Print Na e) Margaret S. Tlrbmbiy Applicant ' s Address : 11 Lawrence Street Lawrence, Mass . 01840 Tel. No. 682-1967 Received by Town Clerk : RECEVED DANIEL LONG TOWN CLERK NORTH ArjDOVER Auc 19 10 53 AM '88 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 determin that said plan shows a subdivision , as defined by . c . 41 , s . 81-L , and, must therefore e re- to it for approval under the Subdivision Control L — Very truly yours , NORTH ANDOVEP PLANNING BOARD 4 By : r � U Date Received by Town Clerk : RECEIVED RECEIVEDTO'A' GOLONGRECEIVEDDANIEL LQHG WN Pi CLERK NORTH ANDOVER TOWN CLERK APPLICATION FOR ENDORSEMENT OF TOWN CLERK SEP, S 95bAN18RBELIEVED NOT TO REQUIRE APPROV4" 9•.54.AM '88 3o AUGUST , . 1988 To the Planning Board of the Town' of North Andover : The undersigned wishes to record the accompanying pian and requests ' a determination by said Board that ;approval by it under the Subdivision Control Law is not required . Jhe ':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 , =f or a private way , namely , being land bounded as follows : G�iS/vip '9X .i7/f :eco J6 6�hq ac e,;1 4?M /9-T15-7 sDtil-H.OXe I 2 , The division of land shown on the accompanying plan ' is not sub- ldivision for the following reasons AA 3 . Title reference North Essex Deeds , Book / WY3S Page 40 or Certificate of Title No. Registration Book Page Applicant' s Signature: 172uS� Owner ' s signature and address if not the applicant : TrvJree• (prit Name) Ro4ERT ��"� Appli ant ' s Ad s ; (? 0 4ok /4 1%ioRTl-1 A►yoc)YjuzL HA Oi84c, Tel UO.. F', Received by Town Clerk : RECEJVE� p�H17L L'?}IG T(1'#N l (*RK FORM A NORTH p,y.)OVER PeLpC ION FOR ENDORSEMENT OF PLAN Nov Z EOL D NOT TO REQUIRE APPROVAL r ' - 7o he Planning Board of the Town of North Andover: Via; hg,,undersigned wishes to record the.- accompanying plan and requests a CJ-Vermination by said Board that approval byit under the Subdivision tonol 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- dvision 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 : 6 � 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : r 3 . Title reference. North- Essex- Deeds si Book, Page or Certificate -of 'Title- No.. Registration Book ; Page .._ . . : . .' - ' Applicant s gnature: Owner is signature and address if not 1l the applicant : {Print Name) _ Applicant 's Address . =.> Tel. No. .. i '' '' Received by Town Clerk : CLF:rI 1 NOV 18 e2 AN ' � Notice to APPLICANT/TOWN CLERK of action of Planning Board on \ accompanying plan : t ` 1. The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law , and the appropriate endorsement has been made upon the same . 2 The North n Planning Board has determined t aid plan shows a subdivision , as defin 41 , s . 81-L , and must therefore be re-submi to it for approva the Subdivision Con Law . Very truly yours , -NORTH ANDOVER PLANNING BOARD By : 5�w Date by Town Clerk : RECEIVED DANIEL LONG A TOWN CLERK FORM FORM _ NORTH ANDR'�FpJICATION FOR ENDORSEMENT OF PLAN SEP Z) 9 4, U222:VED NOT TO Drnn E APPROVAL f 19� To the Planning Board of the Town of North Andover: f 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 : +s 1. The division of land shown on the accompanyin g plan is not a sub- division because e ' I very 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 : o 2 . The division of land shown on the accompanying plan is not a subdivision for the following reasons : p r al Q _ 3. Title reference North Essex Deeds , Book Page or Certificate of Title No . Registration Book Page Applicant' s _ Signature: Owner ' s signature and address if not the applicant : Print Name) JkC",fig'Ae S-50 Applicant ' s Ad ress : Tel. No. 5 _ i Received by Town Clerk : RECEIVED DANIEL LONr, NDRTy A nOOER Sir 23 910 Notice to APPLICANT/TOWN CLERK of acti ac.Sompanying plan : on of Planning Board on I • a Nor h ndove • Planning and has de a ined t at does of equ a aid plan pp val u der he Subdivis n C n ro and the Law, p opriate endo r ent has n made up n th same , 2• The North Andover Planning Board has 'determined i that shows a sat said plan ubdivision , as defined by G .L . c. 415 s .' 8I-L9 and must therefore be re-submitted to it for approval under the Subdivision Control Law . Very truly yours , t NORTH ANDOVER PLANNIN BOARD By = Date : " Z Oversized Maps on file with the Town II