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HomeMy WebLinkAbout2012-05-23 Planning Board Supplemental Materials (41) Eckert Seamans Cherin&Mellott,LLC TEL 617 342 6800 Two International Place FAX 617 342 6899 IRMNS 16`x'Floor www.eckertseamans.com Boston,MA 02110 ATTORNEYS AT LAW Robert W.Levy 617.342.6832 rlevy@eckertseamans.com May 21,2012 Louis P.Minicucci,Jr. Park Street Redevelopment,LLC 231 Sutton Street,Suite 1B North Andover,MA 021845 Re:498 Chickering Road,North Andover,MA Dear Lou: You have requested that I review the legal rights you have in and to Franklin Street adjacent to your property located at 498 Chickering Road,North Andover,MA.Based upon your investigation,you have confirmed that the North Andover's Town Clerk's Office has verified that Franklin Street is a private way and has not been accepted by the Town of North Andover.I am further informed that a portion of Franklin Street is unimproved and as such is a paper street. Pursuant to Massachusetts General Law,Chapter 183,Section 58-the so-called "Derelict Fee Statute"-as a general proposition,the owner of property abutting a private way also owns to the center of the way.Furthermore,pursuant to Massachusetts General Laws, Chapter 187,Section 5,the owners of real estate abutting a private way who have by deed existing rights of ingress and egress upon such way,shall have the right by implication,to place, install or construct in,on,along,under and upon said private way,pipes,conduits,manholes and other appurtenances necessary for utilities,subject to limitations provided for in the statute. I hope this explanation is helpful in connection with your use of the property. If you have any questions,please do not hesitate to contact me. Very truly yours, .....gip. Xlj Robert W.Levy RWL/var (K0471956.1)