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HomeMy WebLinkAboutMEADOWS, THEODORE April 2, 1970 Water Department North Andover Massachusetts' Gentlemen: This is to notify you that on March 25, 1970 , an Order of Taking and a Layout Plan were filed in the Registry of Deeds taking certain parcels of land under eminent domain proceedings in the city/town of North Andover for highway purposes. Copies of said Order of Taking and Layout Plan were also filed with your City/Town Clerk. The Commonwealth assumes no liability for water bills or payment for any public utilities furnished to any of the properties taken. If water or other utilities are to be furnished to occupants of properties included in the taking, arrangements should be made with the said occupants regarding payment therefor. Very your JO C. .POWERS Cert. Mail D rector, Right of Way Bureau - dmr ROW-882 POW-521 THE COMMONWEALTH OF MASSACHUSETTS For Owner Department of Public Works No Disability 100 Nashua Street Boston 14, Massachusetts Date: Apra20 To Whom It May Concern Notice is hereby given that by an Order of Taking dated *web of certain lw d and/or rights in land were taken b the Department of Public Works for State Highway purposes in the Town/City of , Said grder was recorded in the Registry of Deeds for a"= County, at 6 Aifovw on _ 1 at Plans showing the Ste Highway and the takings made are on file in said registry and in the Boston office of the Department of Public Works, Room UL For damages to the parcel(s ) of land numbered b4 and marked Thsodw* .Mm and norean 16 No 1, supposed owner(s) on the plan described in said Order, said Department of Public Works has awarded the sum of M , subject to proof of title. The Depa tment reserves the right to amend the award at any time prior to the payment thereof for good cause shown. A blueprint of that portion of the plan which showsthe location of said parcel(s) is sent herewith. The right to damages vested on. All" i , on which date the said Order of Taking was recorded in the Registry of Deeds above described. Parcel(s) No. was/were taken in fee; any other parcel(s) are either easement or access takings, th3 nature of which may be identified from the legend on the back of the notice. Owners and/or occupants and/or persons in possession are hereby given four (4) months from the date of this notice to vacate the premises taken and to remove their personal pro- perty from the land so taken or land in which rightshave been taken as provided in Chapter 716, Section' 6 of the Acts of 1956, or as provided in Chapter 633 of the Acts of 1964. Chapter 79, Section 8A, provides, in part, that a person entitled to damages may request an offer either in full settleme at or as a payment pro tanto from the Department of Public Works at any time after the right to damages has vested. Chapter 79, Section 8A also provides that the Board of Officers making the taking may at any time after the riglit to damages. has vested offer in writing to every person entitled to d8anages on account of such taking a reasonable amount which such Board is willing to pay either in settlement or as n payment pro tanto. In accordance with Chapter 79, Sections 7B and 7G, as amended by Chapter 579 of the Acts of 1964, and Section 8A of Chapter 79, the Department will make available a check for the payment of said damages awarded and will tender payment to you by such check at the following place end time. 49 rauua gNle at Place: amp* VW ft"" } s , r Time: MW sm"Ws l' A.M+ Such Payment may be accepted and collected forthwith without prejudice to or waiver or surrender of any right to claim a lar ger sum by proceeding before an appropriate tribunal, but, if such pro tanto payment proves to be in excess of the damages subsequently assessed by such tribunal, you will be subject to the obligation to refund an amount equal to the difference between such pro tanto payment and the damages subsequently assessed. If the check for the damages awarded remains unclaimed for a period of 60 deFs after the date of this notice, such check shall be withdrawn and a new check issued in like amount made payable to Superior Court for the County in which the land taken is situated and shall be deposited, held and disposed of in accordance with an order of the said Court. (over ) Page .2. Section 14 and Section 16 of said Chapter 79 as amended by Chapter 797 of the Acte of 19622 state that a person whose property has been taken may petition for the assessment of damages to the Superior Court for the Comity in which the property Was situated within two years after the right to damages has vested. The Coemmonvesltt of Massachusetts, through its Department of Public Wotte, asamm no responsibility for any injury sustained on the property taken to either pennons or their property from any Cause whatsoever. If a representative of the Right of Way Bureau (Having offices at Roomer 525, 100 Na- shua Street, Boston) has not already called on you., he will do so at an early date to dis- ones With you the subject of damages and other matters pertaining to the taking, including the Department's Relocation Assistance and Relocation Payments program. - LEPAR MW OF PUMLIC WOW BZ: Di Right of Way Bureau LEDUD BMW FOR TA%IMS Taken in fee in behalf of the Coimmonwealth 1-0 a a n a a s n City 1-T n n a a a a a Town 1-IM n a n a a a a Railroad 1-0 " " " (later to be conveyed to utility AT-1 Access Taking 1-1 Section and Parcel No. SIMBOIS FOR EISENEWS Bridge BA.1 Bridge Abutmat 0-1 Channel D-1 Drainage 18-1 Drainage and Slope E-1 Highway easement across railroad FB-1 Footbridge FS-1 Flight of Steps PL-1 Power Line R-1 Right of Way taken in behalf of artier of land whose rigbmts of access thereto and egress therefrom mould otherwise be inopera- tive dus -to the limited access provisions. R-9-1 Road across railroad right of way R-RR-1 Road and railroad by-pass 14"A Road, Bridge and Slope AS-1 Road and Slope RT-1 Temporary easement for removing or demolishing certain stractures RT.8-1 Removal are structure and sloping S-1 Slops SS-1 Sanitary Sewer SW-1 Sidewalk SW4-1 Sidewalk and Slope TR-1 Temporary road Wa wan WN-1 Watermaia W!®-1 Watermain and Drainage WS-1 Wall and Slope Notes TWgxrazy► easements are preceded by letter "T" (B.a., T-D-19 T w..Io Ete.) Basements in behalf of Tarn, City or Rai] oad are followed by letters: "T", "C", "RR", (E.3., D-1-T, RT-1-C, D-141R) II w April 9, 197 Mfr. John C. Powers Director, dight of Way, Commonwealth of Massachusetts Department of Public Works Boston# ;Alts. Dear Mr. Powers Regarding the attached oopys Paragraph Two: Copies of said Order of Taking and Layout Plans were also filed with your City/Town Clerk. Our Water Department and sural others have been to this office desiring to see this Plane which I do not have and have not received* At your earliest caaanwenience would you: kindly vend same to seer* Thank you very much and any assistance at any time this office can 'be, happy to serve* sincerely, O� oa p 0 17 J2 �b RECE EO A r' e�,? -i' ?959 Ln 0 JOHN 1. LYONS s o, TOWN CLERK v �L,q/V OF L A/VO /N A/0Rr1Y .4N400XlW NURTH ANDOVER �� a� 6` �� ZZ LZ �Z O1"VNED Bf/ BE,p�� T/i£OD ORE' ME*49DOkys JQ/!N W. PgRS oN,s SU!?VEYO? 6. O �t 4 ALLEN i9 YE. L YN1V Sc,9LE /'"- 60 JUivE i71 /9S9 1 w02 o _ o obq- rte++ �_ �� m 44840 rI. .4 �-3 ` { a C4 0x •vo t-� H t7 =i :1 0 Ocit4H \ O Z tj L31 S20 /80. 00 [n\ ROUTE 114 eceived by Town Clerk : fiAIHN ClL4N FORM A RATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL October 16 19 8_4 To the Planning Board of the ..Town'` of North Andover: . The undersi_pned w'ishes , 'to, recd'r°d�' the accompanying plan and requests a determination by said Board that ,approval . by it under the Subdivision Control Law is noir required'. The 0ndersigned 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 Nort.h Andover Zoning By Law and is on a public way , namely , Turnpike St. , (Rt. 114) or a private way ,- namely , , being land bounded as follows : H E Sehodder to the Lent Turnpike St. ( r+13 114) +nom.Werth` _ i Helen Lacaelladep Hardy fie' tr_er t,o +he Wast. 0 - Theodore Meadows to- tha Sauth - 2 . _ The division of Tand shown on the accompanying plan is not a ,sub . division for--the following reasons; Privately owned r 3. Title reference North Essex Deeds , Book 1610 Page 128 _; or Certificate -of...Ti'tl-e No . 10555 Registration Book Pane is ts ' Sig a n tures Owner ' s signature and address if not the aP' i,cant . I Applicant ' s Address : 3 2357 Turnpike Street No. Andoverp Mass, 01845 1 Received by Town Clerk : ' ��y. fSfF±111 W NAUM INUI I, Notice to APPLICANT/,TOWN CLERK of -action of Planning Board on accompanying plan : ' 1 . The North Andover PIanning ,Board ,has determined that said plan does not require approvalunderthe Subdi.vision C,pntrol: Law , and the appropriate. endorsement has ;been made upon the same . 1 - 2 . The Nor ndover P a Hing Board as determined . t Lsa pla shows s bdivisi , . ; ; s define by G . c : 41 , $ n1h e th e b r,e, 'ub ,.itt d ' Co it or as va u must er for m ,, ., . p Sub i vi si n Co rol L. I Very tr ly yours , NORTH DOVER PLANNING BOARD 1 By : , AdDate : a • N° ": Any appeal shall be filed o;.� �;�► within (20) days after the date of filing of this Notice '� . i 'i•, 1855 • ' �, F c'ddg� In the Office of the Town `►.,•v Clerk. .� PfR 23 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . . .Apr i 1 10A 1.9.8 4 Petition No.. . .16- ' .8.4 . . . . . . . . . . . Date of Hearing.Ap r i 1 9 , 1984 Petition of . . . . . . .THEODORE MEADOWS . . . . . . . . . . . . . . . . . Premises affected West side of Turnpike . Street known as. Parcel. .2. . . . . . . . . . Referring to the above petition for a variation from the requirements of the . .Zonin.g .By. .Law Section 7, Paragraphs. 7:.,1 and .7. . 2 . and. Table. 2 . . . . . , . . . . . . . . . . . . . . so as to permit _ relief _from, ,the . area_ .and _ frontage .reggj reMen.ts . .to. allow the creation ,of , a. .lot .which .does. .not .meet. .the .mi.nimum. .area. and. .frontage requirements After a public hearing given on the above date, the Board of Appeals voted to . . .GRANT. . . the frontage. .Variance and .DENY. . and hereby authorize the Building Inspector to issue a the area variance permit to allow. the. .construction .of .a. .single .family. dwelling on a lot having less than the required frontage for the construction of the above work, based upon the following conditions: That a revised plan be submitted showing that Lot 2 conforms to the area requirements of the Zoning By Law. Signed Frank Serio,. .Jr..., . Chai.rman. . . . . . . . Alfred. E,. .L.rizell-e.,. .Es.q,.,. .Vice. .Qhairman Richard .�T... .Trep.anier,. Esq,.. ,. .07-e.rk Augustine. ,W.. Ni.cke.r.s9n . . . . . . . . . . . Walter .F.. So.ule. . . . . . . . . . . . . . . . . . . Board of Appeals Any c1ppeal shall be filed 0ORTIf within (20) days after the .41 1, date of filing of this Notice in the Office of the Town •� �� APR B 1 32 PM '8q ';�b,,:.R:`:� ' Clerk. '�s�cNus TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS April 10 , 1984 Mr. Daniel Long, Town Clerk Theodore Meadows Town Office Building West side of Turnpike St. 120 Main Street known as Lot #2 North Andover, Mass . 01845 Petition No. I6-' 84 Dear Mr'. Long: The Board of Appeals held a public hearing on Monday evening, April 9 , 1984 upon the application of Theodore Meadows . The hearing was advertised in the North Andover Citizen on March 8 and 15 , 1984 and all abutters were notified by regular mail. The following members were present and voting: Frank Serio, Jr. , Chairman; Alfred E. Frizelle, Esq., Vice Chairman; Richard J. Trepanier, Esq. , Clerk; Augustine W. Nickerson; and Walter F. Soule. The petitioner seeks a variance from the provisions of Section 7, Paragraphs 7. 1 and 7.2 and Table 2 of the Zoning By Law so as to permit relief from the area and frontage requirements to allow the creation of a lot which does not meet the minimum area and frontage requirements of the Zoning By Law on a parcel of land located in the Residential-2 (R-2 ) zoning district, known as Lot #2 , Turnpike Street . The petitioner testified that he owns a large tract of land on Turnpike Street and that he proposes to create four (4) buildable lots , shown as Lots 2 , 3 , 4 , and 5 on the submitted plan. Lot 2 as shown on the plan does not meet the minimum area requirements nor does it contain the necessary 150 feet of frontage. He further revealed that he owns a large parcel of land to the rear of the four proposed lots. A portion of this lot, shown as Lot 1 on the plan, or a portion of Lot 3 , could be combined with Lot 2 , thereby giving , Lot 2 the required area. NG Theodore .Meadows �� "'` 'K West side of Turnpike Street NOF ' . YER Petition No. 16-184 APR 23 32 '84 April 10, 1984 Page 2 Even if Lot 2 were made larger to conform to the requirements of the Zoning By Law for lot area, the frontage variance is still needed, since Lots 3 . 4, and 5 each contain the minimum 150 feet of frontage and no other land is available to provide the needed frontage for Lot 2 . Upon a motion made by Mr. Trepanier and seconded by Mr. Frizelle , the Board voted four to one, with Member Soule voting in opposition, to grant the variance from the minimum frontage requirements and to deny the variance from the minimum area requirements . In granting the variance, the Board finds that the lot in question is lacking only eight (8) feet of frontage and that said variance may be granted without nullifying or substantially derogating from the intent and purpose of the Zoning By Law. Denial of this variance would create a financial hardship to the petitioner since it would render Lot 2 useless without the variance . Testimony from the petitioner and review by the Board shows that no further laxed is available to add to Lot 2 to give this lot the required frontage. In 'denying the request for a variance from the area requirement, the Board finds that the petitioner owns sufficient land both to the rear and adjacent to Lot 2 so that a small portion of land may be combined with Lot 2 , providing the adequate amount of area as required under the Zoning By Law. The Board finds that no hardship was shown by the petitioner regarding the area variance requested for Lot 2. Sincerely, BOARD OF��AP�P`E�ALS, J Frank Serio, Jr. , Chairman jw (Plan to follow) Received by Town Clerk : te�een�a _ EL L� FORM A a 000 N FOR ENDORSEMENT OF PLAN jBE FWYJMT. TO REQUIRE APPROVAL i October 16 , 19 84 To the Planning Board of .the Town'' of No''rth Andover: The undersigned Wishes to recbr'd,'the 'accompanying plan and requests a determination by said Board that .approval by it under the Subdivision Control Law is nod 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 , Turnpike St., (Rt. 114) , ' or a private way ,- namely , being land bounded as follows ; H Sehodder to the Rast 0 Turnpike St ( rtw 1110,) to the North- Helen lacaellade* ADM Hardy & Carter to the West r , Theodore Meadowa to the Sauth -- 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : Privately owned 3. . Title reference North Essex Deeds , Book 1610 Page 128 or Certificate of Title No . 10555 , Registration Book Page is is Signature : Owner ' s signature and address if not the ap icant : Applicant ' sAddress : 2357 Turnpike Street No. Andovers Mass, 01845 . f. Received by Town Clerk : WYAuGl Mid Notice to APPLICANT/,TOWN CLERK of : action of Planning Board on accompanying pla'n ; ' I . The North., Andover Planning ' Board has determined that said plan does not require approval under the Subdivision Untrol Law , and the appropriate endorsement has been made upon the same . a i h i 2 . The North Andover PlanningtBo rd had determined at said a d plan shows a subdivision , as defined by G . L . -C .- 4-12 s . 81-L , and must therefore be re-submitted to it for ap,prova.l under the Subdiyision Control Law . Very truly yours , NORTH ANDOVER PLANNING BOARD By : Date : gig' ; Oversized Maps on file with the Town