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PLANNING DEPARTMENT 1 A S S;A,r , ':
Community Development Division
1600 Osgood Street
North Andover,Massachusetts,01845
Thomas Carroll
11 Bailey Road
Andover, MA 01810
April 14, 2010
RE: ANR—"Plan of Land in North Andover, MA, Owner Thomas Carroll, 404 &426
Andover St.", dated March 22 , 2010"
Plan showing a lot line adjustment for two lots located at404 & 426 Salem St., Map 24,
Lots 38 and 40, prepared by Andover Consultants, 1 East River Place, Methuen, MA
01844
Dear Mr. Carroll:
As you are aware, the Planning Department received a Form A Plan on March 31, 2010
proposing a lot line change for the plan entitled "Plan of Land in North Andover, MA, Owner
Thomas Carroll, 404 & 426 Andover St.", dated March 22, 2010. The plan has been reviewed
and denied endorsement, based on the following fact:
1. The plan as presented does not contain a locus map, as required by the Rules and
Regulations Governing the Subdivision of Land in North Andover, MA, Section 3.2.5.
If you have any questions, please feel free to contact me.
Si.- rely,
. - /
Judy Tymon, AICP
Town Planner
cc: Building Inspector
Assessor's Office
Conservation Administrator
Town Clerk
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PLANNING DEPARTMENT NOR T1;
Community Development Division MASS ACHU E I
Form A—Application for APPROVAL NOT REQUIRED
DATE: 3/25/10
Bring three application forms to the Town Clerk's office to time stamp. Leave one application with the Town Clerk and
bring two applications to the Planning Department.
The undersigned, believing that the accompanying plan of property in the Town of North Andover, Massachusetts,does
not constitute a subdivision within the meaning of the Subdivision Control Law,herewith submits said plan for a
determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required.
1. Name Of Applicant: Thomas Carroll
Address: 11 Bailey Rd . , Andover, MA 01810
2. - Location and Description of Property[include Assessor's Map and Lot and Zoning District(s)]:
Parcel 'A ' and Parcel 'B ' at 404 and 426 Andover St.
Map 24, Lots 38 and 40
Residence — 4 District
3. Deed Reference: Book 10839 page 277 & 298
or Certificate of Title: N/A
4. Name of Surveyor. Andover Consultants Inc.
Address: 1 East River Place, Methuen, MA 01844
Signature of Owner(s):
Address: 11 Bailey Rd . , Andover, MA 01810
S.
S
Page l of 2
1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com
Edited 8/1/07
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Please indicate the grounds(either A, B, C or D, not a combination)on which you believe your plan not to be a
subdivision.
DA. Each lot on the plan meets one of the following criteria:
1. Has the frontage,lot area,and lot width required under the Zoning By-law on:
a)a public way,or
b)a way which the Town Clerk certifies is maintained&used as a public way,or
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c)a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law, i
recorded in Plan Book Plan ,or
d)a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds
adequate for the way's proposed use,or
t
e)a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the i
adoption of the Subdivision Control Law. 1.
(
D B. Each Lot has been clearly marked on the plan to be either:
I
a)joined to and made part of an adjacent lot,or
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b)labeled"Not A Building Lot".
®C. Each lot on the plan contains a building that existed prior to the adoption of the Subdivisi45ntrol L .
D D. The plan-shows an existing parcel with no new lot division(s)and has frontage on a way dese.rcbodaboGe? C 11
Received:Town of North Andover Town Clerk(date stamp): c `�
.: a
Signature of Town Official receiving this application:
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 I
Subdivision Control Law,and the appropriate endorsement has been made upon the same. 1
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 resubmitted for approval under the Subdivision Control Law.
r
Very truly yours, t';
North Andover Planning Board t
By: OP— _el,' /AI p
Date:
1
? Qn /er 41 (;2()
Page 2 of 2
1600 Osgood Street,North Andover,BIdg.20,Suite 2-36 Planning Dept.,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com
Edited 8/1/07
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• COMMONWEALTH OF MASSACHUSETTS
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Essex,ss.
Trial Court of the Commonwealth
The Superior Court i
Docket No.: 08-0158
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Thomas Carroll,
Plaintiff
vs.
Cheryl L.Kettinger,Trustee of
--- the Ldwis-RighIaitid'TerraaRealty*
Trust, l3rian K. Sifferlen,
Patricia Sifferlen,Maurice F.
Lynch,Jr. and Joan L.Lynch_
Defendants ,
I
Findings,Rulings and Order:
i
The plaintiff has commenced this action seeking judgment to abandon a portion of a`paper
street' known a Prospect Terrace within the town of North Andover. .
According to the court's case file,notice has been provided to each abuttor in interest in this
matter and there have been no answers Hied with the Court.Accordingly,default as to those i`
parties in interest is now entered.
i
Before the Court can proceed further to enter a judgment in this matter,the plaintiff shall be
t.
• required to present to the Planning Board of the town of North Andover for its endorsement a
plan,in recordable form,depicting that portion of Prospect Terrace sought to be abandoned_A
_- --copy of my sueht-plan-endorsed-by said planning b tard-shaft e:reiained by the town of North- - . _ 1
k
Andover for its records.
g.
Upon such endorsement,the plaintiff is given leave to present a motion to this Court to seek final
..
default judgment in this matter.
i
;.' ) the Court:
/ A.
,.1
-' Hon Robert A. Cornetta
Justice
February 4,2010
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PLANNING DEPARTMENT
Community Development Division
1600 Osgood Street
North Andover,Massachusetts,01845
Thomas Carroll
11 Bailey Road
Andover, MA 01810 k,
April 29, 2010 1,
RE: ANR—"Plan of Land in North Andover, MA, Owner Thomas Carroll, 404 &426
Andover St.", dated March 22 , 2010"
Plan showing a lot line adjustment for two lots located at404 & 426 Salem St., Map 24,
Lots 38 and 40, prepared by Andover Consultants, 1 East River Place, Methuen, MA
01844
Dear Mr. Carroll:
As you are aware, the Planning Department received a Form A Plan on April 27, 2010 proposing
a lot line change for the plan entitled "Plan of Land in North Andover, MA, Owner Thomas
Carroll, 404 & 426 Andover St.", dated April 15, 2010. The plan has been reviewed and
endorsed, based on the following facts:
1. All lots depicted on the plan have the required frontage (100 ft.) on a public way
(Andover St.) for the Residential 4 District.
2. The endorsement of the plan is not a determination as to the conformance of the new lots
with the Town of North Andover's Zoning Bylaw and Regulations.
If you have any questions, please feel free to contact me.
Sig erely,
% fAs--
TT udy Tymon, AICP
/// Town Planner
cc: Building Inspector
Assessor's Office
Conservation Administrator
Town Clerk
F10RTH
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2. 4 b s
t o� `- _CEIVED i
4r ^q,Tlo r?' 5 10I0 APR 27 P to 1 I
SAC Must
PLANNING DEPARTMENT [,O Tit /--
Community Development Division FiA .' -
k
Form A -Application for APPROVAL NOT REQUIRED
II
DATE: :
Bring three application forms to the Town Clerk's office to time stamp. Leave one application with the Town Clerk and
bring two applications to the Planning Department.
1
I
The undersigned, believing that the accompanying plan of property in the Town of North Andover, Massachusetts, does
not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a
determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required.
1. Name Of Applicant: ,//f on.t el )e)--iziet.)1/
i.
Address: // &'/ey /&r,q-d /3-ide rnev, /t'lR- '/t
,!API':'
2. Location and Description of Property[include Assessor's Map and Lot and Zoning District(s)j:
Ag, i9/ ` ` 4,4.1 Act-el ee/ .4S' Rr 11.1 4, "..c1 '1)6 ",c1.1.,tq s7`,e.01-
m•tp ay , 1.07-s 3P .t*id '/
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3. Deed Reference: Book /o f2 7 , Page °177 1 %)-QcP
or Certificate of Title: N,q
4. Name of Surveyor: c/4 L zer a.,„,c ,/74..,,k-
r
Address: { j4.r 12peit 40
Signature of Owner(s): V h -� x
Address: // egAi/ey , .d A,-dL„e4, a of j-e,
3
I
I
Page 1 of 2
1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845
," Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.corn
Edited 8/1/07
4
a
x
i • Please indicate the grounds (either A, B, C or D, not a combination) on which you believe your plan not to be a i'
'subdivision.
A. .. Each lot on the plan meets one of the following criteria: i ; ' r
f
1. Has the frontage,lot area, and lot width required under the Zoning By-law on: 2 Y —3 i� j I 08
a)a public way, or s
fMASSAc;i'uF r:-;-
b)a way which the Town Clerk certifies is maintained&used as a public way, or ' ' i
,
c) a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law, 4
recorded in Plan Book Plan , or 1
4
d)a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds i.
adequate for the way's proposed use, or
1
i
e)a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the
adoption of the Subdivision Control Law.
,
B. Each Lot has been clearly marked on the plan to be either:
a)joined to and made part of an adjacent lot, or
b) labeled "Not A Building Lot".
Mg Each lot on the plan contains a building that existed prior to the adoption of the Subdivision Control Law.
J. The plan shows an existing parcel with no new lot division(s)and has frontage on a way described above.
Received: Town of North Andover Town Clerk (date stamp):
Signature of Town Official receiving this application:
N• o APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan:
he North Andover Planning Board has determined that said plan does not require approval under the
qp
ubdivision 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 is
G.L.c.41,s.81-L and must,therefore, be resubmitted for approval under the Subdivision Control Law.
Very truly yours,
North And.ver Planning Board
By: , r
Date. , e~1 cw /000
Page 2 of 2
1600 Osgood Street,North Andover,BIdg.20,Suite 2-36 Planning Dept.,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com
Edited 8/1/07
•
•
COMMONWEALTH OF MASSACHUSETTS
Essex, ss.
Trial Court of the Commonwealth N`
The Superior Court
Docket No.- 08-0158
Thomas Carroll,
Plaintiff
_.vs. -'
Cheryl L. Kettinger,Trustee of
- —the Lewis-Highlazid Teii'ac�'Ret1ty __ -- - ---.---- _ __.
Trust, Brian K.. Sifferlen,
Patricia Sifferlen,Maurice F.
Lynch,Jr. and Joan L.Lynch,
Defendants
Findings,Rulings and Order:
The plaintiff k as commenced this action seeking judgment to abandon a portion of a`paper
street' known Prospect Terrace within the town of North Andover.
According to the court's case file,notice has been provided to each abuttor in interest in this
matter and there have been no answers filed with the Court.Accordingly, default as to those
parties in interest is now entered.
•
Before the Court can proceed further to enter a judgment in this matter,the plaintiff shall be
• required to present to the Planning Board of the town of North Andover for its endorsement a
plan,in recordable form,depicting that portion of Prospect Terrace sought to be abandoned.A
e.opy of any sueh-planso-endorsed--17y-said.pl ring hOard-shat-be retainedby the town of North '. .. _ .
Andover for its records.
Upon such endorsement,the plaintiff is given leave to present a motion to this Court to seek.final
default judgment in this matter.
f
he Court: •
•
• A .
•
Hon. Robert A. Cornetta
Justice
February 4, 2010