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HomeMy WebLinkAboutMiscellaneous - Exception (58)o A a > v 0 m m m y p � � v CD y o S 0 a �• C A fp A 0 3 R > m 0 m m m y p � � v b rp S 0 a A A R W, in O 1 0 V p �o�n oCD 0 a to O 1:) O O ° m A O CD �T CDO a 77 O N C17 G A C g � N � d a CD - - N CD w s CD CD A � O S N_ A i11 0. W, in O 1 0 V 01 0 O A 0 U) T- 0) si cu 0 0 0 c 0 S �n 0 n ���e'�ommco o D A 1 A � N � p � y o o �k n� l" y ee y o w ���e'�ommco o D A 1 A to o o �k n� l" y e ���e'�ommco �k e o aEn� C c o o f {r. ' CD H to D L 7 � L n o l C t tg � CD � A D N b Vdr-042 r ".. aS, , 110 O �N 00 D-• w �o J O O A RECEIVED AUG 2 5 2005 BUILDING DEPT. August 24, 2005 Michael McGuire, Building Commissioner Building Department 400 Osgood Street North Andover, MA 01845 Re: Lots 1 - 5 Cotuit Street and Leydon Street Dear Commissioner McGuire: DAGOS` INE PC. ATTORNEYS AT LAW This office represents the Estate of Robert J. Burke concerning its land at the corner of Cotuit and Leydon Streets in North Andover. We understand that a question has been raised about the landowner's ability to construct two-family dwellings on the lots on the property. The zoning applicable to the property is the zoning that was in effect prior to the adoption of Article 40 of the 2004 Town Meeting warrant on or about May 10, 2004. The property is in an R-4 zoning district, in which, prior to May 10, 2004, two-family dwellings were allowed as a matter of right. Article 40, adopted at the May 10, 2004 Town Meeting, amended Section 4.122 of the Zoning Bylaw by changing two-family dwellings from as -of -right to a use requiring a special permit from the Zoning Board of Appeals. Pursuant to Massachusetts General Laws, chapter 40A, §6, sixth paragraph, such a use change is not applicable for a period of three years to property that is the subject of a Form A "approval not required" plan endorsed by the Planning Board in accordance with G. L. c. 41, §81P. That section provides as follows: When a plan referred to in section eighty-one P of chapter forty- one has been submitted to a planning board and written notice Howard P. Speicher C. Michael Mahn William F. Griffin, Jr. John G. Serino Gary S. Matsko John T. Lynch Carol R. Cohen Howard P. Speicher Paul L. Feldman Gary M. Feldman George A. Hewett Laurence M. Johnson Kenneth J. Mickiewicz Thomas S. Fitzpatrick J. Gavin Cockfield David Rapaport Whitton E. Norris, III Andrew D. Myers Robert J. Galvin John D. Chambliss Thomas Frisardi Marjorie Suisman Samuel B. Moskowitz Charles H. DeBevoise Kenneth R. Appleby Robert J. Diettrich Amy L. Fracassini Ann M. Sobolewski Alice A. Kokodis Kathryn C. Soderberg Joshua S. Grossman Neal J. Bingham David M. Cogliano Seth A. Schwartz Lori A.Jodoin Sophie C. Migliazzo Harold R. Davis, of Counsel Julian J. D'Agostine of Counsel direct 617589-3829 direct fax 617 305-3129 email hspeieher@davismalm.com ONE BOSTON PLACE • BOSTON • MA • 02108 617.367.2500 . fax 617.5236215 W w w. d n v i s m a I ill . C I) III Michael McGuire, Building Commissioner August 24, 2005 Page 2 of such submission has been given to the city or town clerk, the use of the land shown on such plan shall be governed by applicable provisions of the zoning ordinance or by-law in effect at the time of the submission of such plan while such plan is being processed under the subdivision control law including the time required to pursue or await the determination of an appeal referred to in said section, and for a period of three years from the date of endorsement by the planning board that approval under the subdivision control law is not required, or words of similar import. (emphasis added) Deis MALM DAGOSTINE PC. The North Andover Planning Board endorsed a Form A "approval not required" plan for the subject property on April 23, 2004, about two and one half weeks prior to the adoption of the zoning use change by Town Meeting. The plan was recorded at the Essex North Registry of Deeds on May 5, 2004, also before the Town Meeting. A copy of the plan, reduced in size, is enclosed. Since the statute makes clear that it is the "land shown on the plan" that receives this zoning freeze protection, any subsequent internal adjustment of lot lines, as occurred by the endorsement of a second Form A plan on July 26, 2004, does not negate or affect the zoning freeze protection afforded by the endorsement of the Form A plan on April 23, 2004. Accordingly, the land shown on the April 23, 2004 plan is protected from any zoning use changes, including the new special permit requirement for two-family dwellings, for a period of three years from April 23, 2004. I would be pleased to discuss this matter with you at your convenience. Very truly yours, Howard P. Speicher Enclosure cc: John J. Burke 378243v.1