HomeMy WebLinkAboutT.S.P. REALTY TRUSTADLA L, TRUSTEE
�T.S.P REALTY TR S
Applicant's Address:
10 COLONIAL ROAD
SUITE 209
SALEM, MA 01970
Received by Town Clerk:
RECEi'/ D
DAWEL 1n1,2 FORM A
TO !A t
NOR ;�"ER
APPLICATION FOR ENDORSEMENT OF PLAN
MY 4 2 is MA tatIEVED NOT TO REQUIRE APPROVAL
29 APRIL
To the Planning Board of the Town of North Andover:
, 1987
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, FOREST STREET , or a private way, namely,
, being land bounded as follows:
WESTERLY BY COMMONWEALTH OF MASS. + FOREST STREET, NORTHERLY BY CLEMENT,
EASTERLY BY CLEMENT AND TOWNE POND, AND SOUTHERLY BY COMMONWEALTH OF MASS.
2. The division of land shown on the accompanying plan is not a sub-
division for the following reasons:
HAS ADEQUATE FRONTAGE AND AREA ON AN EXISTING.PUBLIC WAY
3. Title reference
ipme.orm6Jr7498, RECORDED MARCH 16, 1987
Essex Deeds, Book 2ij ; Page Z'+'F ; or
Certificate of Title No.
Page'
, Registration Book
Ap icant's Sign ure: Owner's signature and address if not
the applicant:
#3290
rUL*::W STREET EXTENSION
ABUTTER'S LIST
NORTH ANDOVER NAME
MAP TOT ADDRESS
105 01 Bingham, William E. & Cynthia J.
22 Green's Point Road
Ipswich, Mk 01938
105E 02 Clement, Robert A. & Marcia A.
66 Stonecleave Road
Boxford, MA 01921
105E 03 Picariello, Philip A. & Mary A.
Main Street, Boxford 01921
1058 04
105B 05
Mbrphy, Arthur R., Jr.
22 Beacon Hill Blvd.
No. Andover, MA 01845
Biggio, John J. & Eileen M.
8 MbEenney Circle
Andover, MA 01845
105B 06 Boxford State Forest
Commonwealth of Mass.
80XEDRD
NAP BIACK IIn
31 2 11 Clement, Robert A. & Marcia A.
66 Stonecleave Road
Boxford, 01921
31 2 01 Oren, Robert E. & Josephine
14 Tanglewood Road
Boxford 01921
31 1 15 Riley, Albert C. & Barbara A.
Stonecleave Road
Boxford 01921
31 1 14 Lamb, William D. & Marcia I.
57 Stonecleave Road
Boxford, MA 01921
OFFICES OF:
APPEALS
BUILDING
CONSERVATION
HEALTH
PLANNING
Town of
NORTH ANDOVER
DIVISION OF
PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
MEMORANDUM
TO: Daniel Long, Town Clerk
FROM: Scott A. Stocking a Planner
RE: Release of Form A lots
DATE: September 25, 1987
120 Main Street
North Andover,
Massachusetts 0 1845
(617) 685.4775
Please be advised that the Planning Board failed to act
within the requirements of M.G.L Chapter 41, Section 81(P)
regarding the approval of Form A lots. The Planning Board
failed to give you the mandatory notice of action within
14 days of their action and notify the applicant that the
board determined the plat as shown is a subdivision of land
as defined by M.G.L. Chapter 41, Section 81(L).
We have been notified by Town Counsel in his letter
dated September 3, 1987 that the boards failure to act as
outlined above, means the applicants involved can demand a
certificate issued by the Town Clerk that the subdivision as
submitted is approved.
The following Form A lots are covered by this memo and
can be issued a certificate by your office:
1) Form A plan submitted by Ellen Sweeney, 907 Dale
Street, N. Andover, for a property located at Dale and Win-
ter Streets. Plan prepared by Tom Neve on May 1, 1987, sub-
mitted to the board on May 1, acted on by the board on May
11, 1987, and filed with the Town Clerk on June 2, 1987.
Certificate 40905, title no. 9575, book 66, page 305.
2) Form A plan submitted by T.S.P. Realty Trust by
Terryanne St. Pierre, Trustee, on May 4, 1987, located on
Forest Street, and acted on by the Planning Board on May 11,
1987. This plan was never submitted to the Town Clerk for
notification nor a notice sent to the applicant. Property in
question is included in instrument 7498, book 2189, page
244, Essex County Deeds Office, recorded on March 16, 1987.
OFFICE OF
TOWN COUNSEL
DOMENIC J. SCALISE
PETER G. SHAHEEN
TOWN COUNSEL
TO:
FROM:
RE:
DATE:
89 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Karen Nelson
Town Counsel
Planning Board Action on "Form A" Lots
September 3, 1987
(617) 682-4153
(617) 689-0800
Pursuant to your request for an opinion regarding the time limit
for approval of denial by the Planning Board of an application
for a "Form A" lot, M.G.L. chapter 41, section 81P states the
requirements which must be met by the planning board.
Specifically "if the planning board shall determine that in its
opinion the plan requires approval" (under the subdivision
control law) "it shall within fourteen days of such submittal,
give written notice of its determination to the clerk of the city
or town and the person submitting the plan, . . . " (emphasis
added).
Note that the planning board shall take these actions within
fourteen days of submittal of the plan, namely (1) determine
status of the plan; (2) file written notice of its determination
with the town clerk; and (3) give written notice of its
determination to the applicant.
The statute further states that "if the board fails to act upon a
plan submitted under this section or fails to notify the clerk of
the city or town and the person submitting the plan of its action
within fourteen days after its submission, it shall be deemed to
have determined that approval under the subdivision control law
is not required, and it shall forthwith make such endorsement on
said plan, and on its failure to do so forthwith the city or town
clerk shall issue a certificate to the same effect".
In conclusion, failure
timely will result in
under the subdivision
applicant is entitled
the planning board or a
the town clerk.
on the part of the planning board to act
an automatic determination that approval
control law is not required, and the
by law to an endorsement on its plan by
certificate to the same effect issued by
I have enclosed herewith a copy of M.G.L. chapter 41 section 81P
for your review.
TC/kmc
enc: