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HomeMy WebLinkAboutWINTERVALE REALTY TRUST January 18, 2005 Wintervale Realty Trust 9 Travers Street Haverhill, MA 01830 Re: ANR Plan Bradford Street Dear Sir, At the Planning Board meeting held on January 18,2005 a vote was taken to deny endorsement of the ANR plan dated January 22,2004 revised December 8,2004. The plan submitted does not meet the North Andover frontage requirements in the North Andover Zoning Bylaw. As stated in the previous denial in March 2004 the prior endorsement of the ANR plan in 1998 does not require the Board to sign a new ANR plan:which does not conform to the frontage requirements of the North Andover Zoning Bylaw. Goldman v. Planning Board Burlin on. 347 Mass. 320(1964). Sincerely, North A,rAdover Planning$pard L/17 LW V cc: Town Clerk Merrimack Engineering Building Department y FORM A APPLICATION FOR APPROVAL NOT REQUIRED DATE: (Stamp two (2) forms with the Town Clerk. File one (1) form with the Town Clerk and one (1) form with the Planning Board.) To the Planning Board: 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. Wintervale Realty Trust 1.Name of Applicant: 9 Travers Street Haverhill, MA 01830 Address: 2.Location and Description of Property[include Assessor's Map andLot and ZoningDistrict(s)]: Lot lines on a Form A Plan previouS-1Y signed by the North Andover Planning Board are to be revised; no building in North Andover. Assessors Map #61 , no lot number. Zone District is 7017 Page 165 IS/R2 3.Deed Reference: Book or Certificate of Title: 4.Name of Surveyor: Merrimack Engineering Services 66 Park Street Address: Andover, MA 01810 Signature of Owner(s): 9 Travers Street, Haverhill, MA 01830 Address: Please indicate the grounds(either A,B,C or D,not a combination)on which you believe your plan not to be a subdivision. A. Each lot on theplan lan mee is one of the following criteria: I. 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 c) a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law,recorded in Plan Book 300 Plan 8 5 ,or a) 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 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 See Notes #1 -4 on the plan b) labeled"Not A Building Lot". building which existed prior to the adoption of the Subdivision C. Each lot on the plan contains a Control Law. OThe plan shows an existing parcel with no new lot divisions) and has frontage on a way described above. Received: Town of North Andover Town Clerk(date stamp): Signature of Town Official receiving this application: Y , Notice to APPLICAN'TlTOWN 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 determined that said Paan iivision iv sdefined e by G.L.c.41,s. 81-L and must therefore be re-submitted to it for approval under thetrol Law. Very truly yours, Board North Andover Planning By: ✓ Date: FORM A APPLICATION FOR APPROVAL NOT REQUIRED DATE: (Stamp two (2) forms with the Town Clerk. File one (1) form with the Town Clerk and one (1) form with the Planning Board.) To the Planning Board: 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. Wintervale Realty Trust 1.Name of Applicant: Address: 9 Travers Street Haverhill, MA 01830 2.Location and Description of Property[include Assessor's Map andLot and ZoningDistrict(s)]: Lot lines on a Form A Plan previously signed by the North Andover Planning Board are to be revised; no building in North Andover. Assessors Map #61 , no lot number. Zone District is 3.Deed Reference: Book 70 17 page 165 IS/R2 or Certificate of Title: 4.Name.of Surveyor: Merrimack Engineering Services 66 Park Street Address: Andover, MA 01810 Signature of Owner(s): 9 Travers Street, Haverhill, MA 01830 Address: Please indicate the grounds(either A,B,C or D,not a combination)on which you believe your plan not to be a subdivision. A. 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 c) a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law,recorded in Plan Book____3 3 0_ plan___.g_5 ,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 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 See Notes #1 -4 on the plan b) labeled"Not A Building Lot". C. Each lot on the plan contains a building which existed prior to the adoption of the Subdivision Control Law. OD. 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: a Notice to APPLICANUTOWN 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 determined that said plan hhows a sub ivishe on,a defineion by G.L.c.41,s. 81-L and must therefore be re-submitted to it for approval trol Law. Very truly yours, . North Andover Planning Board By: Date: Town of North Andover of No oT"�ti Office of the Planning Department Community Development and Services Division i 27 Charles Street North Andover,Massachusetts 01845 bft://www.townofnorthandover.com Town Planner: jparrino@townofnorthandover.com P (978)688-9535 Julie Parrino F (978)688-9542 March 12, 2004 King Weinstein Wintervale Realty Trust 9 Travers Street Haverhill, MA 01830 RE: ANR Plan,Bradford Street _ C`d) Dear Mr. Weinstein: As you are aware, the Planning Department is in receipt of a Form A Plan, filed February 26,2004, for lots fronting on Bradford Street in North Andover, MA. The original plans were endorsed by the North Andover Planning Board in 1998. At this time,you are seeking changes to lots lines for three parcels,which have frontage in North Andover on Bradford Street. The majority of the lot areas are located in Haverhill and the properties will have Haverhill addresses and will be served by Haverhill public utilities. The lots do not meet the North Andover frontage requirements outlined in the North Andover Zoning Bylaw. In 1998, the Planning Department requested an opinion from Town Counsel as to whether the plans could be endorsed, as some of the lots with frontage on Bradford Street in North Andover did not meet the 150' frontage requirement. At that time, Town Counsel opined that the plan should not be endorsed, as the several of the lots did not meet the North Andover frontage requirements. It is my understanding that the plan was endorsed only because the Planning Board failed to comply with the statutory deadline for an ANR denial. As the lots on this plan do not meet the minimum frontage requirement of 150' feet, I obtained a legal opinion from Town Counsel as how I should proceed on this application. Town Counsel agrees with the 1998 opinion that the ANR plan may not be endorsed for the proposed revisions. Town Counsel references Arrigo v. Phuming Board of Franklin, 12 Mass. App. Ct. 802 (1981)and Seguin v. Pkanning��Board of Upton, 33 Mass. App. Ct. 374 (1992). It is the opinion of Town Counsel that the prior endorsement of the ANR plan in 1998 does not require the Board to sign a new ANR plan which also does not conform to the frontage requirements of the North Andover Zoning Bylaw. Goldman v. Planning Board of Burlington, 347 Mass. 320 (1964). BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688- 9535 Endorsement of the ANR plan filed with the North Andover Planning Board on February 26, 2004 is hereby DENIED. Sincerely, Jul!.Tarriho�, ow l Planner cc: Planning Board Heidi Griffin, Community Development Director Mark Rees, Town Manager Thomas Urbelis, Town Counsel William Pillsbury,Haverhill Economic Development and Planning Director Received by Town Clerk: C L FORM A �Lu 1" v i APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL 2/26/2004 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 and 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 subdivision 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, Bradford Street or a private way,namely, , being land bounded as follows: Land bounded by Wintervale Realty Trust 2. The division of land shown on the accompanying plan is not a subdivision for the following reasons: Lots have required frontage in Haverhill 3. Lot frontage and acreage of each lot depicted on accompanying plan. 80 ' minimum and 9600 ' S.F. minimum required in Haverhill is met. See Covenants and Restrictions. 4. Description of proposal Move lot lines of a previously approved Form A Plan. 5. Title reference North Essex Deed,Book 577 ;Page 165 ;or Certificate of Title No. ,Registration Book ;Page Applicants' Signature- I to4;, t� Owner's signature and address if not the King Weinstein applicant: (printname) Wintervale Realty Trust Applicant's Address: 9 Travers Street Haverhill, MA 01830 Tel.No. 978-374-4784 Notice to APPLICANUTOWN 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 determined that said plan shows a subdivision,as defined by G.L.c.41,s. 8I-L and must therefore be re-submitted to it for approval under the Subdivision Control Law. Very truly yours, North Andover Planning Board By: Date: Re;'ei v ed by Town C1 e rk FORM A Ofyt M, APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL j1% 47 19 f3 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 : Al 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 /¢71; Page Z � S^ or Certificate of Title No . Registration Book Page Applicant' s ZSin:ature: Owner ' s signature and address if not the applicant : (Print Name) Applicant ' s Address : Z6-7 Tel. NO'. 4- 1/1 Z73 Received by Town Clerk ; 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 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 By Date : Re,;,,ei ved by Town Clerk . i FORM A �RLICATION FOR ENDORSEMENT OF PLAN 9ELIEVED NOT TO REQUIRE APPROVAL li ! JAN 53 19 q3 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 : IZ6),fi U�tJ��� /Vca✓�t'�f �v7' �� fit- ��:s�.�rn.��� tcJ,. C��z 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 /422 Page Z or Certificate of Title No . Registration 'Book Page Applicant' s Si nature: Owner ' s signature and address if not the applicant : (Print Name) Applicant ' s Address : Z6 '7 '« C�✓� �/T Tel. No. 2-7_3 Received by Town Clerk : Y E#Up 34 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 anning Boar has determi d that said plan hows subdivi on as defin d b G . L . c. 41 , S . 81 and ust th refor be re subm ' ted to it for appr val der Su divisi Control Law . Very truly yours , NORTH ANDOVER PLANNING BOARD By : Date :