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HomeMy WebLinkAboutLegal Document - 1789 GREAT POND ROAD 10/1/2004 LAW OFFICE OF € MARK B. JOHNSON 12 Chestnut Street Andover,Massachusetts 01810-3706 ' --I; 4 (978)475-4488 Telecopier: (978)475-6703 P' Paralegals MARK B. JOHNSON (MA,NH,DC) KATHRYN M. MORIN DONALD F. BORENSTEIN (MA,ME) LIANNE CRISTALDI JAMES BONFANTI (MA) MICHELE C. JONIKAS MARK A. MEROLLI (MA,IL) KATHLEEN H. HARBER JOHN G. LAMB (MA) KAREN P. EHRAMJIAN DAWN M. WALKER BRANDI D.L. HURD October 1, 2004 Town of North Andover, Planning Board Attn: Mary 27 Charles Street North Andover, MA 01845 Re: Richard Amone, Jr. /Great Pond Road,North Andover, MA Assessors Map 35, Parcel Number 40 Water Shed Protection District Special Permit Application Dear Mary: Pursuant to the Board's recent request, I enclose ten(10)copies each of the following: 1. Recorded Easement and Driveway Maintenance Agreement; 2. Recorded Plan of Driveway Easement; and 3. Correspondence from James Senior, Esquire to the North Andover Building Inspector regarding property's exemption from current dimensional requirements of the R-I District. Should you have any questions or concerns,please do not hesitate to call. Very truly yours, LAW OFFICE OF MARK B. JOHNSO Donald Borenstein DFB/dms Enclosure cc: Richard Arnone F:1new-dots among,dchard103 757.2 great pond rd,no andover zbalno.andover pb IV 10-01.04.doc II k F B K 13 8 3 I 1 DRIVEWAY EASEMENT i307 F1 AND MAINTENANCE AGREEMENT (COVERING LOTS A, B AND C, PLAN ) I AGREEMENT made and dated this fourteenth day of August, 1979, x by and between the following parties: DOROTHY 0. ARCHAMBAULT (hereinafter Mrs. Archambault); JOHN J. KENNEDY and CLAIRE A. KENNEDY, husband and wife, � I � (hereinafter the Kennedys); J LOUIS P, MINICUCCI, JR. and JUDITH A. MINICUCCI, husband and ;{ wife, (hereinafter the Minicuccis); and j4 EDWARD PALMISANO and CLARA PALMISANO, husband and wife, t I 6 .,. (hereinafter the Palmisanos), E WHEREAS Mrs, Archambault and the Kennedys are conveying Lots C and B respectively as shown on a certain plan to be recorded in 44 � ` 801a connection with said real estate transaction and numbered . to the Palmisanos and Minicuccis respectively, and WHEREAS .Mrs. Archambault' is retaining ownership to Lot A as g shown on said plan for her benefit and the benefit of her heirs and ¢ P ' € assigns, and L, WHEREAS future sale and/or development of said Lot A will be O r: dependent upon, and subject to, the use and enjoyment of a�.certain 4 �`F right of way or driveway easement over part of said Lots A,and B, and A shown on said plan as "Access Driveway" and including a five foot `0. t< >�, maintenance easement on either side, and r�➢ `�OR { r� a e. FF J II y t 't ifl I, z 4 r; E 13 �s Ste, 1� i� II i.,.f r D x 3 8 L t 30 WHEREAS access to Lots B and C over and across Lots A and B is absolutely critical for the MinicucL s and Palmisanos, their f j heirs and assigns, grantees of Lots B and C respectively, and WHEREAS the parties wish by this instrument to clarify their rights to the use. and enjoyment of said common driveway easement and the obligations and duties of all- parties towards each other, j NOW THEREFORE, the parties, for themselves their heirs and assigns, mutually covenant and agree as follows: 9 The property shown on said plan as Lot C, conveyed by Mrs. 'Ar&hambault to the Palmisanos, and the property shown on said plan t as Lot B, conveyed by the Kennedys to the Minicucc'is, is and are a conveyed together with and subject to the following easements and p covenants, namely; } 1. An easement is given and reserved for the benefit of the owners of Lots A, B and C, for access by vehicular and/or pedestrian traffic over and upon the portion of land shown on said plan as a "Access Driveway", including a five foot maintenance easement on each side, and running from the Dortherly line of Great Pond Road up to and including the westerly line of Lot C, as shown on said plan, d 2. The Minicuccis and the Palmisanos agree to share equally the cost of snow removal, maintenance and repair.of said access driveway. 3. Mrs. Archambault covenants for herself, her heirs and assigns, that any sale or development of Lot A as a dwelling lot shall be subject to the terms of this agreement, and that in convey- j ing title to said Lot A that she will cause to be inserted the 1 5 i j j r j �z f l _ BK1383. s following language, namely:F? y: The premises 'are subject to the pro- visions of a certain Driveway Easement and Maintenance Agreement dated August 14, 1979, and recorded in North Essex Registry of f Deeds in Book 1383 , page 3 07, which shall be the date and place {' of recording of this instrument, so as to permit the perpetuation of this easement through, over and across said Lot A, within and over said Driveway Easement. 4. Should Mrs. Archambault or her heirs and assigns construct a dwelling on said Lot A which is dependent upon said access driveway, ' then the owner of said Lot A, at the time of securing a certificate 3 . of occupancy for said dwelling, shall share equally in the costs of maintenance, repair and snow removal on said easement with the then owners of said Lots Band C. Thereafter each record owner shall have H �3 one vote per lot. A vote of at least two-thirds will be ;required to k f� undertake or commit improvements to said Access Easement and each r ' lot shall bear one-third of the total cost of any repairs, snow I removal and maintenance. 5. The parties recognize that during periods of .severesnow- storms or during icy conditions, it may be temporarily impossible 3 f to get up said driveway by motor vehicle. In this regard it is agreed by the parties that during said periods, temporary parking for { a automobiles for the owners of Lots A, B and C, but not to exceed two vehicles per lot, shall be permitted.at the foot of the hill, r J '� within Lot A southeasterly of the southeasterly line of the Access Driveway. No obligation however is hereby imposed upon the owner r E a. il 7 3: P' _ I 1i BK1383 310 of said Lot A to grade and maintain'said temporary parking Area southeasterly of said Access Driveway. IN WITNESS WHEREOF the parties hereto set their hands and seals on the date above written. I Dorothy rc am au v` n nne l G it Ken ,. o.tis F. Mlniaudci, Jr. i inicuccl' j ( ward Pal 1 t' r, 1 Ciara Valmisano r; �r I; COMMONWEALTH OF MASSACHUSETTS Essex, as -' - - August 14, 1979. Then personally appeared the above-named Dorothy 0. Archambault, John J. Kennedy and Claire A. Kennedy and acknowledged the foregoing to be their free act and deed, before me ernan �Bernar3`in, Notary Public i f• ,� My Commission Expires March 5, 1982 fj Recorded Aug.1491979 at 3.38FM #8109 Ohl � r: j AIl' 1,11 LAW OFFICES OF JAMES R.SENIOR )PARK PLACE XAST 348 PARK STREET,SUITE 207 NORTH READING,MASSACHUSETTS 01864 TELEPHONE!(978)6640050 FaX: (978)6649502 May 27,2003 Pile no./03-008 Building Inspector Town of North Andover 27 Charles Street North Andover,Massachusetta 01845 Dear Sir: Re: 1789 Great Pond)?d, North Andover Map 35, Parcel 40 l Have conducted an investigation of the title and zoning history regarding the above property. I have concluded that,although the proper is currently located in an R-1 Zoning District, and is of inadequate size for a lot in that zone, it is"grandfathered"from the dimensional requirements currently effective in that zone for the following reasons. The lot was created by a plan entitled "Plan of Land Prepared for John&Claire Kennedy and Dorothy Archambault North Andover,Mass.", endorsed by the North Andover Plauning Board on August 10, 1979,and recorded with Essex North District Registry of Deeds on August 14, 1979,as Plan No. 8166. As of the date of the recording of the plan,the property was located in an R-2 Zoning Distinct. In that District,the area requirement at that time was 43,560 square feet and the frontage requirement was 150 linear feet. 'These requirements were in effect until at least 1984(See attached Zoning By- law printed in 1984.) At the time of the recording of the above referenced plan,the lot conformed to the then existing dimensional requirements, Up to the time of the recording of the above plan, land adjacent to the subject property was held in common ownership with,property located at 1785 Great Pond Road. However,the property at that time conformed to the dimensional requirements. From August 14, 1979 to the present time,the subject property was not held in common ownership with any adjacent property, (See attached ownership chart.) Lased upon the above,it is my opinion that the property at 1789 Great Pond Rd.,North Andover, Massachusetts(Assessor's Map 35,Parcel 40)is exempt from the current dimensional requirements of the R-1 District in which is it currently located,under the provisions of M.G.L. Ch. 40A§6, since it conformed at the time it was created and has not been held in common ownership with adjacent land since it ceased to conform to applicable requirements. V ry truly yours, anaes R, Senior s � , .f THE ZONING BY LAW S' TOWN OF NORTH ANDOVER, MASSACHUSETTS 1972 N Reprinted 1984 _• _• c � h 0.51�' ,. V CRU • •P PZAblHING BOARD it -13- SR=IOC( 3 ZONIVO DISTRICTS AND BOUNDARIES 3.X Establialment of Districts, The Town of North Andover is hereby, divided into zoning districts designated as followsc Residence 1 District (R-1) 1 Residence 2 District (R-2) kesidence 3 District (R-3) Residence 4 District (R-4) M Residence 5 District (R-5) Business 1 District (B-1) Business 2 District (B-2) Business 3 District (B-3) Business 4 District (B-4) General Business District (G-B) Industrial 1 District (1-1) g industrial 2 District (I-2) Industrial 3 District (1-3) industrial 8 District (I-S) Flood Hazard District 3.2 Zoning Map The zoning districts established by this By-Law are bounded as shown on a map entitled "Zoning Map of the Town of North Andover , dated May 12, , 1972, as the same may be adopted by the Town, and as it may hereafter be amended. Said map ac- companies and is hereby made a part of this By Law. ' Any land area not designated upon said map as being within another , zoning district shall be withi.n' the "Residence-2 District" ® The Flood Plain District is defined as all areas so desig- nated on maps entitled "Flood Insurance Rate Maps" OPIRM) � and Flood .BQundary and Ploodway gaps" dated June 15, 1983 and as it 'may hereafter be amended,, on file with the Town Clerk, incorporated by reference herein. 3«3 District Boundaries Where uncertainty exists as to the boundaries of any of the aforesaid districts as .shown on the Zoning Map, the Building Inspector shall determine the location of such boundaries . 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