HomeMy WebLinkAboutCORRESPONDENCE FORM A PLANS LOTS 19C & 19D if LAW OFFICES OF
k ' JOHN F. MCGARRY
401 ANDOVER STREET
NORTH ANDOVER MASSACHUSETTS 01845
TELEPHONE (617)686-1111
JOHN F.MCGARRY JAMES W.ROONEY
RUSSELL A.BODNAR March 7, 1986 OF COUNSEL
WILLIAM C.SHERIDAN
KENNETH J.GOULD
JAMES A.GOODHUE
The Planning Board
Town of North Andover
120 Main Street
North Andover , MA 01845
Re: Campion Hall Subdivision
Form A Plans/Lot 19C and 19D
Gentlemen :
This letter is submitted on behalf of Forbes Realty Trust in
connection with its request for the Planning Board' s endorsement of
its Form A Plans for Lot 19C and Lot 19D , Campion Hall under MGLc . 41,
Section 81P.
Massachusetts law dictates that these Plans should be endorsed by
the Planning Board insofar as "approval under the Subdivision Control
Law [is] not required" MGLc. 41, Section 81P.
As you know, approval of the Planning Board under Subdivision
Control Law is required in essentially two cases : ( 1) where land is
subdivided; and (2) where a subdivision plan already approved by the
Planning Board is amended. However, in the instant case, the
submission of the above-mentioned Form A Plan in Campion Hall does not
come within either of these situations. For instance, these two Form
A Lots divide an existing lot along a way shown on the Campion Hall
Subdivision Plan already endorsed by the Planning Board under
Subdivision Control Law. Hence, under MGLc . 41, Section 81L it does
not "constitute a subdivision within the meaning of the Subdivision
Control Law. " Similarly , each lot shown on the Form A Plans
describes "frontage on a . . . way shown on a plan approved in
accordance with Subdivision Control Law of at least such distance, if
any, as is then required by ordinance or by-law" of the Town of North
Andover . Hence, under MGLc. 41, Section 81 0 the submission of these
plans does not require an amendment to the Campion Hall Subdivision
Plan. Hence, endorsement of these plans under MGLc . 41, Section 81P
is proper .
The propriety of such an endorsement by the Planning Board is not
negated by the fact that the width of the lots described by these Form
The Planning Board
Town of North Andover
March 7, 1986
Page Two
A Plans do not con-form to the width requirements set forth in Section
7 .41 of the Town of North Andover ' s Zoning By-laws. This is because
the land described by these Form A Plans is "governed by the
applicable provisions of the zoning ordinance or by-laws [of the Town]
in effect at the time of the first . . . . submission" of the Campion
Hall Subdivision Plan. MGLc. 40A , Section 6. At that time, the width
requirements of the Town of North Andover Zoning By-laws were
consistent with the lots descrbed in the above-mentioned Form A Plans.
This principle is clearly brought out in Richard vs . Planning
Board of Acushnet , 406 N .E . 2d 728 (Mass . App. 19805 . In that case,
the court discussed when a Form A plan dividing lots on an existing
subdivision plan already endorsed by the Planning Board was exempt
from intervening zoning law changes . In that case the court said
"In a case where the landowner has filed a bond , or deposited
money or negotiable securities , or entered into a covenant to
secure the construction of ways and installation of municipal
services, and a new plan is presented which merely alters the
number , shape and size of the lots , such a plan is entitled to
endorsement under 81P . 11 Id. at 730 (Mass. App. 198 .
The only limitation is that the requirements of MGLc. 41, Section 81 0
are satisfied (as have been here) , and also that the conditions for
the execution of the plan have not been violated.
Applying these principles to the instant case, it is clear that
since Forbes Realty Trust has filed its bond to secure the
construction of ways and installation of municipal services , has
complied with MGLc . 41, Section 81 0 (as noted above) and is in
compliance with its Order of Conditions for Campion Hall, it is
"entitled" to endorsement under Section 81P of its Form A Plans for
Lot 19C and Lot 19D, Campion Hall.
If you have any questions, please feel free to call me.
Very truly yours ,
4.
William C . Sheridan
WCS: na
CC: Town Counsel