HomeMy WebLinkAboutADAMS, RICHARD Town of North Andover Town Clerk Time stamp
ZONING BOARD OF APPEALS ` r
.filbert P.itlanzi 111,Esq. Chairman
Ellen P McIntyre T-ice-Chairman OE �►ORTH qN
Richard l Byers Esq. ClerkOL �� �OCT G ! !° G
Joseph 1) LaGrasse O A
David R Webster
Assod Ie Members
'Ibomas D.1ppobto "o "' d ;'�1 '
Richard M.Vaillancourt 'ls sw A�o�`".�°� MASS,k U 6 t ` "
Daniel S. Braese,Esq. 9SSACHUS��
Any appeal shall be filed within Notice of Decision
(20)days after the date of filing Year 2007
of this notice in the office of the
Town Clerk,per Mass.Gen.L.ch.
40A, §17 Property at: Lot 10 Stonecleave Road
NAME: Richard Adams HEARING(S): October 9,2007
ADDRESS: Lot 10 Stonecleave Road PETITION: 2007-019
North Andover,MA 01845 TYPING DATE: October 11,2007
The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor
meeting room, 120 Main Street,North Andover,MA on Tuesday,October 9,2007 at 7:30 PM upon the application
of Richard Adams, 114 Stonecleave Road,for premises at: Lot 10 Stonecleave Road(Map 104.B,Parcel 137),
North Andover,MA requesting a Finding as a Party Aggrieved of the Inspector of Buildings under Section 10,
Paragraph 10.4 of the Zoning Bylaw and the Massachusetts General Laws,chapter 40A, §6;as petitioner seeks to
develop Lot 10, Stonecleave Road as a buildable lot. Said premise affected is property with frontage on the East
side of Stonecleave Road within the R-1 zoning district. Legal notices were sent to all names on the abutter's list
and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on
September 24&October 1,2007.
The following voting members were present: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,Richard M.
Vaillancourt,and Daniel S.Braese. The following non-voting members were present: Thomas D.Ippolito.
Upon a motion by Richard J.Byers and 2nd by Richard M.Vaillancourt,the Board voted to GRANT a Finding in
favor of Richard Adams as Party Aggrieved of the Inspector of Buildings under Section 10,Paragraph 10.4 of the
Zoning Bylaw and the Massachusetts General Laws,chapter 40A, §6;as petitioner seeks to develop Lot 10,
Stonecleave Road as a buildable lot;per:
Site: Lot 10 Stonecleave Road(Map 104.13,Parcel 137),North Andover,MA 10845
Site Plan Title: Board of Appeals Plan,Lot 10 Stonecleave Road,North Andover,MA.,
Assessors Map 104B Parcel 137,prepared for,Richard Adams, 114 Stonecleave
Road,North Andover,MA.
Date(&Revised Dates): August 27,2007
Registered Professional David Alves,P.L.S.#45454,Benjamin C.Osgood,Jr.R.P.Civil Engineer
Land Surveyor: #45891,New England Engineering Services,Inc., 1600 Osgood Street,
Building 20,Suite 2-64,North Andover,MA 01845
Sheet/Drawing: I Sheet 1 of 1
Voting in favor of the motion: Ellen P.McIntyre,Albert P.Manzi,III,Richard M.Vaillancourt,and Daniel S.
Braese.
Voting against the motion: Richard J.Byers.
Page 1 of 1
1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845
Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnordmdover.com
Town of North Andover Town Clerk Time Starnp
'-r-c-AV ED
-
ZONING BOARD OF APPEALS
T
,Albert P.Manzi III,Esq,Chairman
Ellen P.McIntyre, Vice-Chairman E f,40RTH
Richert]1.Byers,Esq.ClerkO 6 0 2007 OCT 26 PH 1•
* 02
0
Joseph D.LaGrasse
David R.XX,'ebster 73
Assmiate V[mbers it
'nonias D, Ippolito
Richard M.Vaillancourt
4ATIP
Daniel S.Braese,Esq. ACHUS
The Board finds that the Inspector of Buildings' July 27,2007 letter stating that the Board of Appeals is the body
that determines the status of Lot 10 as a buildable lot is correct. Accordingly,he Board finds that Lot 10
Stonecleave Road has 150 feet street frontage and 43,570 square feet of lot area per above plan dated August 27,
2007 and fmds that Lot 10,Stonecleave Road(Map 104.13 Parcel 137)was established as a legal,conforming lot as
shown on the Definitive Plan of Land of Stonecleave Estates located in North Andover,Massachusetts,dated March
15, 1977 revised June 15, 1977,and registered as Plan#7636 by the Registry of Deeds,Northern District Essex
County on July 19, 1977. The Board finds that Richard D.Adams acquired lots 9, 10,and 11 from Barco
Construction on July 27, 1977 and recorded them at Book 1314 and Page 535,that Richard D.Adams deeded lot 11
to Barco Corporation on October 28, 1977 and recorded it at Book 1323 and Page 629,and that Richard D.Adams
deeded Lot 9[Map 104.13 Parcel 138, 114 Stonecleave Road]to Richard D.Adams and Jo-Anne Adams on
February 2, 1978 at Book 1363 and Page 735. The Board finds that the applicant submitted copies of the chain of
ownership deeds for the abutting properties and that lot 10, Stonecleave Road was not in common ownership with
any abutting parcel after February 2, 1978. The Board finds that Lot 10 Stonecleave Road was created prior to the
May 1987 Town Meeting Article 9 that changed this area from R-2(lot area of 43,560 sq.ft.,or I acre,and street
frontage of 150')to R-1. Therefore,the Board finds that M.G.L.ch.40A §6 applies to this parcel and the request
for a Finding that Lot 10 is a buildable lot is granted.
Note: 1.This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of
Deeds,Northern District at the applicant's expense. 2.The granting of the Variance and/or Special Permit as
requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide
by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as
required by the Inspector of Buildings.
Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,
it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit
granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the
date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse
and may be re-established only after notice,and a new hearing.
No Andover ZoningoarAppeals r
0
A7ert P.Manzi,111,Esq.,C airman
Hen P McIntyre, Vice C airman
Richard J.Byers,Esq.,Clerk
Associate Members
Thomas D.Ippolito
Richard M.Vaillancourt
Daniel S.Braese,Esq.
Decision 2007-019.
M104.BP137.
Page 2 of 2
1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845
Phone-978-689-9541 Fax-978-688-9542 Web-www.townofnordmdover.com
Town of North Andover Town Clerk Time Stamp
ZONING BOARD OF APPEALS
Albert 11.Manzi III,Esq.Chairman
EllenP.McIntyre Ince-Chairman 4 VtORTtr � � a ,EIV? �j
O Ttao r
Richard T.Byers,Esq. Clerk 3} bei, .6�+~004 t; t �'i1',-
Joseph D LaGrasse 0 MIS�+ p
David K Webster t- M +3 f- �� �l� 12:Assodate.lfembers �` _ '�
a �
Thomas D.Ippolita
pq cOCNK.q-Xw r
Richard M.Vaillancourt
Daniel S,Braese,Esq. SS^CNu'S� i `P l t 10114.
MA.:,;:
Legal Notice
North Andover, Board of Appeals
Notice is hereby given that the North Andover Zoning Board of Appeals will hold a
public hearing at the top floor of Town Hat 120 Main Street,North Andover,MA on
Tuesday the SP of October,2007 at 7:30 PM to all parties interested in the application of
Richard Adams, 114 Stonecleave Road,for premises at: Lot 10 Stonecieave Road
(Map 1043,Parcel 137),North Andover,MA requesting a Finding as a Party Aggrieved
of the Inspector of Buildings under Section 10,Paragraph 10.4 of the Zoning Bylaw and
the Massachusetts General Laws, chapter 40A, §6;as petitioner seeks to develop Lot 10,
Stonecleave Road as a buildable lot.
Said premise affected is property with frontage on the East side of Stonecleave Road
within the R-1 zoning district.
Plans are available for review at the office of the Board of Appeals office, 1600 Osgood
Street, Building 20, Suite 2-36,North Andover, MA 01845 Monday through Friday
during the hours of 8:30AM to 4:30PM.
By order of the Board of Appeals
Albert P. Manzi,III, Chairman
Published in the Eagle-Tribune on September 24&October 1, 2007.
Legalnotice 2007-019.
M104.BP137.
1600 Osgood Street Building 20-Suite 2-36 North Andover,Massachusetts 01845
t, ,
8 8
Phony:-978-688-9541 Fax-978-688-9542 web-www.townofnorthandover.com
Oct 12 2006 2: 48PM Town of North Rndover Mas 9786883211 P. 1
Abutter to Abutter( ) 8ur7dtng Dept. ( } Cunservatio r l 1 zoning ( }
REQUIlREMENT. MG l IDA Section 11 states in Ort'Parties in uReRat W used in this chapter shat mean the pef/toe&,
9Wners,owners of WA directly aPP"1100h any pubis or Private way,and abutters 0 Ousters within
V,,ee hundrad r9Do)feel of the Property line of the Pdilaoner as they appear on the most Bent eppacsbla
tax list,not wpllstar111np Ilhat the land of any auch owner is la uled in another city or town,the planning
Word of the city or town,and the plannbg 60911 of every abutirp dty or tins"
Subiecf Property;
MAP PARCEL Name Address
106.A 44 Richard Adams 114 Stonecleave Road North Andover,MA 01845
Abutters Properties
Map Parcel Name $ddr ess
106.A 33 George Farr PO Box 35 North Andover,MA 01845
106.A 42 Andrea Hennessy 1160 Salem Street North Andover,MA 01845
106.A 45 Andre Abou-Farad 1116 Salem Street North Andover,MA 01845
106.A 46 Jeffrey Comblatt 1070 Salem Street North Andover,MA 01845
106.A 49 Frank Disalvatore 1099 Salem Stree North Andover,MA 01845
t06.A 50 Sam Dantonio 1155 Salem Street North Andover,MA 01845
106.A 52 Richard Adams 1132 Salem Street North Andover,MA 01845
106.A 53 Eleanor Flanders 1132 Salem Street North Andover,MA 01845
106.A 55 Ellen Dowaliby 1110 Salem Street North Andover,MA 01845
106.A 56 Patricia Nett 1100 Salem Street North Andover,MA 01845
106.A 57 Richard Miller 1094 Salem Street North Andover,MA 01845
106,A 121 Kathleen Rohde 1150 Salem Street North Andover,MA 01645
106.A 259 Amit Singh 1075 Salem Street North Andover,MA 01845
106.0 3 U Commonwealth of MASS 100 Cambridge Street Boston,MA 02202
Dare 10112J2006
Page 1 of 1
This certifies that the names appearing on the
records of the Assessors Office as of
Certifi y: Date /OW-5-164C
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FINDING �s°+,.. •t�� . ° .
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TOWN OF NORTH ANDOVER 20017 AIG t7 Eli a7
ZONING BOARD OF APPEALS
NAME: R l c l-t AJU) k-D A(vl s
ADDRESS OF APPEAL: TO NE�[.. �
Procedure & Requirements
for an Application for a Finding
Ten (10)copies of the following information must be STEP 6: SCHEDULING OF HEARING AND
submitted thirty U days prior to the first public hearing. PREPARATION OF LEGAL NOTICE:
Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules
time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal
Zoning Board of an application as incomplete. notice for mailing to the parties in interest(abutters) and
The information herein is an abstract of more specific for publication in the newspaper. The petitioner is
requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared and the
Regulations and is not meant to supersede them.The cost of the Party in Interest fee.
petitioner will complete items that are underlined
STEP 7• DELIVERY OF LEGAL NOTICE TO
STEP 1: ADMINISTRATOR PERMIT DENIAL: NEWSPAPER
The petitioner picks up the legal notice from the Office
The petitioner applies for a Building Permit and
receivers a Zoning Bylaw Denial form completed by the of the Zoning Board of Appeals and delivers the legal
notice to the local newspaper publication.
Building Commissioner.
STEP 2• FINDING APPLICATION FORM: STEP 8: PUBLIC HEARING BEFORE THE ZONING
Petitioner completes an application form to petition the BOARD OF APPEALS:
The petitioner should appear in his/her behalf, or be
Board of Appeals for a Finding. All information as
rrepresented by an agent or attorney. in the absence of
required in items 1 through and including 11 shall be
any appearance without due cause on behalf of the
completed. petitioner,the Board shall decide on the matter by using
the information it has otherwise received.
STEP 3: PLAN PREPARATION
Petitioner submits all of the required plan information as STEP 9: DECISION:
cited in section 10, page 4 of this form. After the hearing, a copy of the Board's decision will be
STEP 4. OBTAIN UST OF PARTIES IN INTEREST• sect to all Parties in Interest. Any appeal of the Board's
decision may be made pursuant to Massachusetts
The petitioner requests the Assessor's Office to compile General Law ch. 40A§ 17,within twenty(20)days after
a certified list of Parties in Interest(abutters). the decision is filed with the Town Clerk.
STEP 5: SUBMIT APPLICATION: STEP 10• RECORDING THE DECISION AND PLANS.
Petitioner submits one(1)original and ten(10)Xerox The petitioner is responsible for recording certification of
copies of all the required information to the Town Clerk's the decision and any accompanying plans at the Essex
E Office to be certified by the Town Cleric with the time County, North Registry of Deeds,381 Common St.,
and date of filing. The original will be left at the Town Lawrence MA, and shall complete the Certification of
Clerk's Office, and the 10 Xerox copies will be left with Recording form and forward it to the Zoning Board of
the Zoning Board of Appeals secretary. Appeals and to the Building Department.
u.��wWwcuwrf�aW�fawlYi�Mwi�:wuwwalauwwra�.aw:w.wauurw+i�uauoi�u►uawwwuuu�wwu�u«w+uir���. u �+•wuw
IMPORTANT PHONE NUMBERS:
978-688-9533 Office of Community Dev. $Services North Andover Town Hall
E 1600 Osgood St., Bldg.20, Suite 2-36 120 Main Street
North Andover, MA 01845 978-688-9501 Town Cleric's Office
978-688-9542 fax for Community Development offices 978-688-9566 Assessor's Office
i 978-688-9545 Building Department
978-688-9541 Zoning Board of Appeals Office
PAGE 1 of 4
.PAGE 2 OF 4
NORTH ANDOVER ZONING BOARD OF APPEALS application for a F I N D I N G
Please complete al! items 1 -1 p below:.
1. Petitioner: *Name, *Address and telephone number:
fa %cN4V-S> 44t,A&A s.
114 STo ru E C-L C 400E F=U N 6 IZ71 t Aj n o o e 44,r+ 0184-q
*The petitioner shall be entered on the legal notice and the decision as entered above.
2. Owners of Land: Name, Address, telephone number, and number of years under this
i
ownership:
Fisc t-t�2D f�t'1�AM S
Years Owned Land: 3 o
3. Location of Property:
a. Street: 15-TO )E cc.E 4vC R-D Zoning District: P -1
b. Assessors: Map number: — 10 1- $ Lot Number: 137
c. Registry of Deeds: Book.Number: 13 t 4 Page Number: 5 3.5
4. Zoning Bylaw Section(s)* under which the petition for the Finding is made.
4Qycr4lFVr8uANT TO Scci1010.4 of -rHf 0l LAw fOR- Ar F1.vAt.Avtt tlnlJ>C-Z
Gt».L 4oAa sex-,nO,v (a -Froryl cL De.vigg- pAj7rp Jyttf Z7Z0437
*Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner.
5. Describe the Finding request:
q
rW TKC .5 v ATE'e; A-e7- /5 r0 A.AwA,04- 8���-or v �o T fi►ti`1� art ig y 12�
}y t cTT u P®AJ. A5 tT w p" N dT H C--r> t N cv..a.i.eoN o w.vCt2s K t P t7"N
t4pt't�t�vtaCr i-Ave A Et TKF 1-,A&E vF THE zn JAak C-- GKAw&gF i2Ento E-gI�vS►
T N'OAJ CdN r0AN.i.v 6•. $0— 0KE0 A-C1MA tD41F'10 Ju s y 2, L c o 7.
The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to
the Zoning Board Rules and Regulations as cited on page 4, section 9 of this application. Failure by the applicant to describe the request 1
clearly may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant
and will
not involve additional items not included above.
6A. Difference from Zoning Bylaw requirements: Indicate the dimension(s)that will not meet
current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split)
Lot Area Open Space Percentage Lot Frontage Parking
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
A.1355M — Bio 25
B. Bio
i r-dqu a UT 4
NORTH ANDOVER ZONING BOARD OF APPEALS application for a F I N D I N G
6 B. Existing Lot:
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
"-*j
,f70 lSc7
6 C. Proposed Lot(s):
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
113,2;7c) I SO
6 D. Required Lot: (As required by Zoning Bylaw&Table 2)
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
7, 30 360
7A. Existing Building(s):
Ground Floor Number of Height Total Use of Number
SquarefeetFloors Sq.feet Building" of Units"
"Reference Uses from the Zoning Bylaw&Table 1. "State number of units in building(s).
713. Proposed Building(s):
Ground Floor Number of Height Total Use of Number
Square feet Floors Sq.feet Building" of Units'"
*Reference Uses from the Zoning Bylaw&Table 1. "State number of units in building(s).
8. Petitioner and Landowner signature(s):
Every application for a Finding shall be made on this form,which is the official form of the Zoning Board of Appeals. Every
application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting
documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals
does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal
notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may
result in a dismissal by the Zoning Board of this application as incomplete.
Signature:
Type above name(s) here: i c Ho4Ctra 4Z>,AM S
PAGE 4of4 FINDING
9. WRITTEN DOCUMENTATION EW Plan shall be prepared,stamped and
Application for a Finding must be supported by a legibly certified by a Registered Professional Land Surveyor.
written or typed memorandum setting forth in detail all Please note that plans by a Registered Professional
facts relied upon.All dimensional requirements shall be Engineer, Registered Architect, and/or a Registered
clearly identified and factually supported when Landscape Architect may be required for Major Projects.
requesting a Firming from the requirements of MGLA ch.
40A,and the North Andover Zoning Bylaws. All points, *10. C. "Required Features On Plan:
A-C,are required to be addressed with this 1) Site Orientation shall include:
application. 1. north point
2. zoning district(s)
A. The particular use proposed for the land or 3. names of streets
structure. 4. wetlands(if applicable)
B. Fact(s)relied upon to support a Finding that the 5. abutters of property,within 300'radius
proposed extension or alteration shall not be more 6. locations of buildings on adjacent properties
substantially detrimental than the existing non- within 50'from applicants proposed structure
conforming use. 7. deed restrictions,easements.
C. Address all appropriate details of the Building IQ Legend&Graphic Aids shall include:
Commissioner's denial. 1. Proposed features in solid lines&outlined in red
2. Existing features to be removed in dashed Ones
3. Graphic Scales
10. PLAN OF LAND 4. Date of Plan
5. Title of Plan
Each application to the Zoning Board of Appeals shall 6. Names addresses and phone numbers of the
be accompanied by the following described plan(s). applicant, owner of record, and land surveyor.
Plans must be submitted with this application to the 7. Lam.
Town Clerk's Office and ZBA secretary at least thirty
(30)days prior to the public hearing before the Zoning 10. D. Minor Projects
Board of appeals.
Minor protects,such as decks,sheds,and garages,
A set of building elevation plans by a Registered shall require only the plan information as indicated with
Architect may be required when the application an asterisk(0). In some cases further information may
involves new construction/conversiont and/or a be required
proposed change in use.
11. APPLICATION FILING FEES
10.A. Major Projects 11.A. Notification fees:Applicant shall provide a
Major projects are those which involve one of the check or money order to: "Town of North Andover-
following whether existing or proposed: #022-1760-4841'for the cast of first class, certified,
1)five(5)or more parking spaces, return receipt(currently$4.64)x#of all parties in
11)three(3)or more dwelling units, interest identified in MGLA ch. 40A§11 on the abutter's
HQ 2,000 square feet of building area. list for the legal notice postage check. Also,the
Major Projects shall require, in addition to the 10B. & applicant shall supply first Gass postage stamps
10 C. features,that the plans show detailed utilities, (currently 390)x the#of parties of interest on the
soils, and topographic information. abutter's list for the decision mailing.
*10. B. *Plan Specfcations: 11. B. Mailing labels:Applicant shall provide four(4)
A size of plan: Ten(10)paper copies of a sets of mailing labels no larger than 1'x2-5/8'(3 copies
plan not to exceed 11"x17", preferred scale of for the Legal mailing and one copy for the Decision
1 1
9=409. mailing).
H) One(1)Mylar,with one block for Registry
Use Only, and one block for five(5)ZBA signatures and 11.C. See 2005 Revised Fee Schedule.
date..
i�
4 NORT1{ �
O
O 4
CHU
BUILDING DEPARTMENT
Community Development Division
July 27, 2007
Howard P. Speicher, Esq.,
Davis Malm& D'Agostine P.C.
One Boston Place
Boston, Massachusetts 02108
Re: Lot 10, Stonecleave Road
Dear Attorney Speicher:
I have received your letter of July 2, 2007 requesting that I determine the status of Lot 10,
Stonecleave Road from the enclosed copies of Essex North Registry of Deeds recorded land
transfers and the Definitive Plan of Land of Stonecleave Estates located in North Andover,
Massachusetts, approved by the North Andover Planning Board, Plan#7636.
The North Andover Zoning Board of Appeals would be the entity for determining if Lot 10
Stonecleave Road may qualify as a"grandfathered" lot or not;the Board should determine
whether the enclosed documentation satisfies the requirements of Massachusetts General
Laws Chapter 40A, Section 6.
Please contact my office if you have any questions.
Sincerel
Gerald A. Brown,
Inspector of Buildings I Zoning Enforcement Officer
cc: Zoning Board of Appeals
file
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9545 Fox 978.688.9542 Web www.townofnorthandover.com
DkGOSTINE PC,
ATTORNEYS AT LAW
Howard P.Speicher
July 2, 2007
C.Michael Malm
Gerald Brown, Inspector of Buildings William F.Griffin,Jr.
North Andover Building Department John G.Serino
1600 Osgood Street Gary S.Matsko
North Andover, MA 01845 John T.Lynch
Carol R.Cohen
Howard P.Speicher
Re: Lot 10 Stonecleave Road North Andover Massachusetts Paul L.Feldman
Gary M.Feldman
Dear Building Inspector Brown: George A.Hewett
Laurence M.Johnson
This office represents Richard Adams,the owner of the property known as Lot Kenneth J.Mickiewicz
10, Stonecleave Road,North Andover(the"Property"). On behalf of Mr. Thomas S.Fitzpatrick
Adams, we respectfully request that you issue a determination pursuant to J.Gavin Cockfield
Massachusetts General Laws, chapter 40A, §6, to the effect that the Property is David Rapaport
a"grandfathered"building lot that may be built upon notwithstanding the fact Whitton E.Norris,In
Andrew D.Myers
that it does not meet present zoning requirements for area and frontage. Robert J.Gavin
Chambliss
amb
The Property is a subdivision lot in the Stonecleave Estates subdivision, dating somas FJohn D.Chambl
to the mid-1970's. The property is Lot 10 in the subdivision, has 109.69 feet of
Marjorie Suisman
frontage on Stonecleave Road and contains 43,560 square feet of land. The Samuel B.Moskowitz
Property dates to the approval and recording of the plan for the Stonecleave Charles H.DeBevoise
Estates subdivision in 1977. See Plan excerpt, dated March 15, 1977, recorded Amy L.Fracassini
July 19, 1977, attached hereto as Exhibit A. Robert J.Diettrich
Avi M.Lev
At the time subdivision was approved and the lot created in the 1977, the Ann M.Sobolewski
Property was in the R-2 residential zoning district,which required 100 feet of Joshua S.Grossman
frontage and one acre of lot area. Therefore,the Property, with over 100 feet of Neal J.Bingham
frontage and just over one acre of area,was a lawful building lot at the time it David M.Cogliano
was created and first deeded out. Rebecca L.Andrews
Laurie Alexander-Klom
The Property has not been in common ownership with any adjacent land since Sophie C.Migliazzo
1978, as follows: Christopher J.Marino
Shannon M.Tomai*
The Property was first deeded out on July 27, 1977, to Richard Adams, along Harold R.Davis,
with the adjoining lots 9 and 11. See Deed from Barco Corporation to Richard of counsel
Adams, dated July 27, 1977, Book 1314, Page 535, attached hereto as Exhibit Julian J.D'Agostine
B of Counsel
"Pending admission to the
Massachusetts Bar
direct 617-589-3829 direct fax 617-305-3129
email hspeicher@davismalm.com
ONE BOSTON PLACE+BOSTON•MA•02108
617.367.2500 fax 617.5236215
xv w w . d a v L s m a l m . c o in
Gerald Brown, Inspector of Buildings ����� ��
July 2, 2007
Page 2 DAGOSTINE PC,
ATTORN FYS AT LAW
Mr. Adams deeded Lot 9 to "Richard D. Adams and Jo-Anne Adams, husband and husband and
wife, as joint tenants" on February 28, 1978. See deed dated February 28, 1978, Book 1363,
Page 735, attached hereto as Exhibit C. Mr. and Mrs. Adams continue to own Lot 9. This
conveyance placed Lots 9 and 10 in separate record ownership and thus preserved the separate
identity of the two lots in the event of any subsequent zoning change.
Mr. Adams deeded Lot 11 to Barco Corporation on October 28, 1977. See deed dated October
28, 1977, Book 1323, Page 629 attached hereto as Exhibit D. The Barco Corporation deeded Lot
11 to James J. Philbin. Lot 11 was sold several times subsequently. The deeds for those
transactions are attached hereto as Exhibits E through J. None of those transactions involved Mr.
Adams.
The land behind the Property has never been in common ownership with the Property. That
property was assembled by Harry Love, was sold to Flintlock Realty Trust, and was developed as
the Lost Pond Subdivision. The Lost Pond property behind the Property was sold to its present
owner in 1996. See attached deeds, Exhibits K through P.
Massachusetts General Laws, chapter 40A, §6,para. 4,provides in relevant part as follows:
Any increase in area, frontage,width, yard, or depth requirements of a
zoning ordinance or by-law shall not apply to a lot for single and two-
family residential use which at the time of recording or endorsement,
whichever occurs sooner was not held in common ownership with any
adjoining land, conformed to then existing requirements and had less
than the proposed requirement but at least five thousand square feet of
area and fifty feet of frontage.
As of the conveyances of Lots 9 and 11 in 1977 and 1978,Lot 10 was no longer held in common
ownership with any adjoining lots. No adjoining property has come back into common
ownership with Lot 10 at any time since the 1977 and 1978 conveyances, as is demonstrated by
the attached exhibits.
The ownership of Lot 10 individually by Mr. Adams and of Lot 9 by Mr. Adams and Mrs.
Adams is sufficient to establish the separate ownership required by the statute. In the case of
Carcofi v. Board of Appeal of Billerica, 22 Mass. App. Ct. 926 (1986), the Massachusetts
Appeals Court held under similar circumstances that two adjacent lots, one held by a husband
and wife, and the other held in part individually by the husband and in part by the husband and
wife jointly, did not merge, and retained their separate status as grandfathered lots for zoning
purposes. In the present case, the lots are even more separate, since Lot 10 is owned entirely by
Mr. Adams individually, and Lot 9 is owned entirely by Mr. and Mrs. Adams jointly.
Y k
Gerald Brown, Inspector of Buildings
July 2, 2007 ���� ��
Pae 3 DAGOSTINE PC,
ATTORNEYS AT LAW
I would be pleased to discuss the issues raised in this letter at your convenience.
Very truly yours,
Howard P. peicher
cc: Richard Adams
Benjamin C. Osgood, Jr.
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!ARCO CORTOAAtION. a Msaseehusatts Corporation having the usual place iI
of business. one Westwood Cirala, North Reading, Middlesex
County,hfaasaehusetts, f
3. p11 (74M61&Wforthe(u1l00n6derauoaof laaa than One Hundred (6100.00) Dollar i
a'
j
grant to RICHARD D. ADAMS
1
of
Oakland Ave. Mgthuan. Zama% County, Ha a achusatts. Ii
y 1lassachusetts i
t with Utlatattnarnattfathel►ndtn North Andover, Essex Count .
being shown as Lots numbered_
J-14 and Ille. on plan o! land entitled
t "dhQinitive Plan of Land of Stogaeiaave Estates located in Horth
Andover, Haseachuaaeto. Scala 1,, equals 40'. dated Harch 15, 1977
revised June 15, 1977." Owner North Andover Associates and Richard
and Caorga Adams. Applieantt Barco corporation, Frank C. Galenas
t
and Associataa, Engineer
and Architects. North Andover, Haas. Olof4S.
l ?, Said plan
being recorded with the Essex North District Registry
Dead& as Plan No. 7636.
x Tor a mora particular description of said Lots l9. d10 and 111.
sae plan above referred to.
y
For r general corporate vote of Berea CorporationBook vote,
(I recorded with Esaax North Diitrict Re$istzp of Deeds,
I Page 798.
�e
In 171tnu s Whereof. the said Bare* Corporation has caused its
r� y JO
corporate seal to be hereto aifixad in rheas presents to beme
signedJ.
a{L acknowledged and delivered, in its nano abaratoadulRbauthorized
�
.' Barbagailo. Its Trssident sad Treasurer,
C
da of of Ju y 1077.
a csaxYx�> a PFi6XU
1 .
I! on I h Barb llo, is r}aidelit
sad To surer. XLYC111X11YSX
Barco Corporation
-«
�eanaanncraiilf of
Judy a)� 1077
Essex, u
? Lawranca.,Maas. aboYetwnad Joseph J, Bazbagallo
Then pm ri 1ly wPeued the
t»
snddaed, of Barco Co zatioA
of b-
th•
rk
l�Ze2l.
V
'Sharon Anne testa N0f1'r^i0i1
- ! 1,tyeommUslancipim Sept. 24, 1277
Recorded July 27,1977 at 91aN-"' #6917 _
_r
B K 13 6 3 . 1-------- �_. .
MF{fFCHU{[TTO QUITCLAIM e[Le{HD,1T/DIIM(IHDtYtp VFLI{LI
735
1, Richard D. Adams.
of North Andovar, Essex County,hfauachusetts
r; tarrcxcxc3dr*for considcn.doa paid,and in full consideration of ossa dollar ($1:00)
grantsto Richard D. Adams and JoAnne Adams, husband and wife, as Joirnt tenants
_ of 114 Stonecleve Road, North Andover, with gttilrlulut taarauata
the landtn North Andover, Essex County) Masanallusstts, being shown as Lot f
numbered Non plan of land entitled "Definitive Plan,of Land of e
T 8tonea eve a 'a`°tes "—`"fDea[rtpdoaAMentutbrrpm,umr] located in North AndovaA a
: I Massachusetts. Seale 1" equals 401, dated March 15, 1977 revised
June 15, 1977." Owner North Andover Associates and Richard and0eorge Adams,
Applicants Barco Corporation, Frank C. Colinas and Associates, Esinoorn
and Architects, North Andover, Maes, 01845.. Said plan being recorded
with the Essex North District Registry of Deeds as Pian No. 9636, °
�: i • k
' P
For a more articular description of said Lot ,#9 see plan
t ,b
nbove, referred to. x
'. ; Being the same promisee'oonveyed to the grantor by dead
r of Parco Corporation; dated July 27, 1977 and recorded with said
Registry of Deeds, Book 1314, Page 535
I
„a!Y. hand andseati this.saAsaati....«.w..da of.....1?aiarmA,x7!..............19..28. I
lj, ......................._..................»..... .. p (� 1 �f� � ai.•....... W`
d Richard D. Adams
.......................................................•........ ........................................................ i r
..._......_............_...................:»�'taIIaaunnnm�tatt4 ai ${asscsllusttla......................................................
y r Essex u February 2, 19 73 !
I
} Then personally appeared the above named Richard D. Adams
3 r
and a:Lnmvledged the foregoing Instrument to be his free act and dyed, before me
Y
d!�rliyi,r.:�r.✓..1............................
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Maur _k
Recorded Feb.20,1979-at 12115PM 11562
Nr ax w.I.{:P� June 27. sv 80. A
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IE Kf fl 617 j�,
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,'�:' ;. 2� Rle1o•rd D...Adaeta�
06 Methuen
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for tlan aad io inq cassia ' ' ha�'
,�•,� .,�,••,' •' ' { �etp 8><�0 �of .:•.,.*l;tai tb and doi�ara+., •� :1
4.:t.
'•. ; ! C pXR etotAbnd htA6#hchua• to rpbrxtioa duly.organlaed�and
' n6 r► 4aua1 abeae ! Not'th Aaad j
itEe Go�nw•aith ot`.xaaaaoh4setta � NlddxeaOx County,
'•� I - with.'qutttfatgt riarnaata ' ,
.1 ••�fr r
eoxtal,q ptts'ee� of ,terxd designated j
entitled "Det'lnitiv plan.of Land ! ed1Ka Ltlt x'11;o1�'plan of land ,
Andove o ieayi Netatna• loea'ted In ft th
t'. Naeaaohneette. Stele 1w a uals 4ot� dated Mi►rch int 1977
;:' ;,.•.,.: Juns'lb, X977", owneV North r Aaeoelata• r<nd N C ► revised'
1", '• Ap}>ile,wtr Barco Ce c Andovs X hard and t)'ao •s I" `
and Afthit•ct•, �dtv,r., t�rank C.'oeiinna and A•aaaiate•� S r3e•nr;�■+° .,�. 4i
h''.•f •:.;`�' � trart avert, 'Masa, t+i84 � e
,th0 gAset rMorth Diat>rie t Aegiat 5. 8a1d.p1•q b•ltts..r#ccrdad'.with
';.;'. !:,•.tide} .'i; ry of Desde•aa'Plan No. 7b9G.
tEl '7,
4 '�� '�'f:f.:.4' •i:' A` t•'t., 'r . t � F, y '.
WEAUlf O ' tiA i�..'ts_• 1�':• ', .. . �', �. ..{
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46
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. ,}.��1�. •.•�. -,•,•. ::••• .: ... • � • .: � . •. 1u7•�riz�l3Nt�1X1�jq��o_f,.�.A�Q.I/te*�hat��.�,t,�.ra4..?'9t: '�•��e•:; 'r.;:•:..�.+ '
,1'•`,,1,.''V•!}�.��;;1''�.ir;�,,(; .�.wa..,.•......,,..r..rw•,r,.�,..,,,,a,,,..rr,r,....•'w.....,w-r.. . w••.r+'!d•GII.'w'7,'rT,ixu7(Afr1+h.H a'. v .,rr lf,+,,,,, 't�C
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~and sdmWedo
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BK1336
- � 'sARco CORPORATION
- _--' - -- -- ------------- , 4'��J•
corporation duly established under the laws of The Commonwealth of Massachusetts
heving its usual place of business at One WESTWOOD CIRCLE, NORTH READING
` MIDDLESEX County,Massachusetts,for the full consideration of
�. of Sixty-four thousand ($64,000.00)
f� ti Paid
4 ,
grants to James J. Philbin, Trustee of Township.Aealty Trust, under•
u a neclaration of Trust dated ilarch' 1, 1976 and recorded with Essex,
North District Registry of Deeds Book 1278, Page 115,as amended by
J instrument recorded with Deeds Book 1291, Page 701
sm of 754 Forest Street, North Andover, Essex County, Massachusetts
1 wlthRui)cla)m eournsnls the land in NORTH ANDOVER, ESSEX COUNTY, MASSACHUSETTS j
Being four (4) certain lots of land being numbered 3, 11, 13, and 14
�w" ( on plan of land entitled " Definitive Plan of Land of Stonecleave•
' Estates located.in North Andover, Massachusetts" dated March 15, 1977
revised June 15, 1977 and recorded with the Essex North District.
Registry of Deeds as Plan #7636.
1 � _ Grantor reserves the fee in roadways shown on said plan and grants to
F . Grantee the right to pass and repass and use said.roadways for all ;
purposes that roadways are commonly used in the Town of North Andover, `
in common with others legally entitled thereto. I
i
This conveyance is made subject to all easements and restrictions of
i record if any, but not intending to renew the same.'
For a more particular description of Lots 3, 11, 13 and 14 see Plan ;
referred to.
For title of BARCO CORPORATION see deed of North Andover Associates
recorded in the Essex North District Registry of Deeds,,,,$g''ogq,k 1314, i
Page 526 and deed of Richard D. Adams and George Bk./4�t�,rded in the
w Essex North District Registry of Deeds, Book 1314, Page 530.. j
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BY, 1357
I, JAMES J. PHILBIN, Trustee of Township Realty Trust under a 117
I
Declaration of Trust dated March 1, 1976 and recorded with Essex ;
North District Registry of Deeds Book 1278, Page 115, as amended 1
by instrument dated October 11 1976 and recorded with said Deeds y
Book 1192, Page 701
County,Ma
North Andover, Essex , eaaahusatt+
b
for the full consideration of Ninety Eight Thousand Five H mdred Dollars paW r
(898,500.00) -
i
9-110 ROBERT L. LUBIN and PAULA A. LUBIN, husband and wile as
tenants by the entirety
of Stonecleave Road, North Andover, Essex County, Massachumstta
I
with quilrlaim rnarnants the land inNorth Andover,. Essex County, Commonwealth of
Massachusetts, being shown as Lot 11 on a plan of land entitled,
"Definitive P:'1an of Land of Stonecleave Estates Located in North „3>
, T9
Andover, Maauachusatte" Owner, North Andover Assoc•, 14 Kilby St.,
Boston, MA 02109 i Richard i George Adams 1634 Belem St., North
Andover, MA Applicnntt Barco Corp. 1 Westwood Circle, North Reading, fr
MA, Scale, 1",401, Data March 15, 1977, Revised.June 15, 1977, plan 1 ..
recorded with Essex North District Registry of Deeds as Plan No.7636,
bounded and described as follows, .
WESTERLY by the sideline of Stonecleave Road, as shown
on said plan, 150.00 feet,
M1
NORTHWESTERLY by Lot 12, as shown on said plan, 231.09 feetl u
v 3 '
EASTERLY by land now or formerly of Love, as shown on
said plan, on five courses, 67.00 feet, 25.12 Lost, rfrR
45.69 feet, 47.29 fest and 50.34 Leet, and. .
BOUTHERLY by Lot 10t as shown on maid plan, 296.40 foot,
Containing 43,560 square feet of land, more or loos according to "
said pian. .'
Said premises are hereby conveyed together with the right to pass and
repass and use said Stonecleave Road and the other ways shown on saida
plan for all pu:poeea for which public ways may be used in the '
Town of North Andover in common with others entitled thereto. z
.# ..
Said premises are conveyed subject to and with benefit of easement r ,
to Lawrence Gas Company recorded with said Deeds Book 685, Page 509
and subject to and with benefit of easement to Eastern Massachusetts x
Electric.Company recorded with said Deeds Book 519, Page 278.
F ,
�(
Said premises are conveyed subject to and with benefit of thirty (30)
loot right of way eseoment and twenty (20) foot butter area as shown T.
on said plan.
Grantor reserves for himself, his successors and assigns the fee r
A
in the roadways shown on the aforesaid plan. ,
i. .ter.,..
Por title see deed recorded with said Deeds Book 1336, Page 399.
.. .• if.., .mss-`--
1
I
I
I '
X _ $ 81520
PAULA A. LUBIN ,,,,, :.......... :.. ( .
' li�lli' of ,
1' County,Massachusetts
[[ beim 4Mnrarried,for consideration `
stdcration alaif ±.
y and in full ull c(`onstderation of Cr"a �ptl0.t'
Q�ctdcYa`S'C'aQv� 9
grants to ROBERT L. LUBIN of 141 Stonecleave Road, North Andover, Essex County, •
ofx Massachusetts, all my right,title and interest S
I with Iluitcialm rnnrnante a
t �
the land in North Andover, Essex County, Cormtbnwealth of Massachusetts bei
Lot ,11 on a plan of land entitled, "Definitive Plan of Lind of Stonecleave shown as
iE�'Illl _
I.. � Rxxx+xxx�t�srstt>F}fXScxti;1 ( �
gjl Located in North Andover, Massachusetts" Owner: North Andover Assoc., 14 Kilby St., .
Boston MA 02109 & Richard & George Adams 1634 Salem St., North Andover, MA Applicant:
"I Barco Corp. 1 Westwood Circle, North Reading, MA, Scale: 1"_40t, Date: March 15,
1977, Revised June 15, 1977, plan recorded with Essex North District Registry or
Deeds as Plan No. , bounded and describe
7636bd as follows:
r
WESTERLY by the sideline of Stonecleave Road, as shown on said plan, 150.00 feet;
YII! NORTHWESTERLY by Lot 12, as shown on said plan, 231.09 feet;
EASTERLY by land now or formerly of Love, as shown on said plan, on five courses, AL
67.00 feet, 25.12 feet, 45.69 feet, 47.29 feet and 50.34 feet; and
SOUTHERLY by Lot 10, as shown on said plan, 296.40 feet. F
Containing 43,560 square feet of land, more or less according to said plan.
Said premises are hereby conveyed together with the right to pass and repass and use
�I o said Stonecleave Road and the other ways 'shown on said plan for all purposes North Andover in common with otheerrseentitl a
thereto: ich
Public ways"may be used in the Town of No
rn
Said premises are conveyed subject to and with benefit of easement to Lawrence Cas
Company recorded with said Deeds Book 685, Page 509 and subject to and with benefit
W of easement to Eastern Massachusetts Electric Company recorded with said Deeds Book
0 519, Page 278.
45,
Said premises are conveyed subject to and with benefit of thirty (30) foot right of way.
II easement and twenty (20) foot buffer area as shown on said plan.
0
Grantor reserves for himself, his successors and assigns the fee in the roadways shown
on the aforesaid plan.
�
o Being the same premises conveyed to Robert L. Lubin and Paula A. Lubin the
herein, as husband and wife, by deed of James J. Philbin Trustee of To grantor
Trust dated November 17, 1978, and recorded id North Essex Registry of Deeds, BBookty F:!
ay 1357, Page 175. `
0 ..
u i
r ,:t 0 3111tilPfin .....My.....hand grid seal {�
j this.. .....a..7................day of.
�m...:
....... .......1.�.�:•.•ti't'.r,r.........•,......•.....,. s
911 N ..........................•.........••................... f'
....................... B
j,: rl•I �
! Il ih �Jltr UIamtnnnturrltfl Of fiiafsear4twItn
I I I Ili �
t
�Ijl o. Essex ��19
° 81 f
G! w Then personally appeared the above named
� III; Paula A. Lubin
I'1'liis �
i;l 4pgf and acknowledged the foregoing instrument to be her free act and deed, r m
Ifra
��
�It�a 1�ll�ll Notary Public x tgp}{gDpf
My commission aspires 'A!51 !/ 19
('Individual joint Tenants—Tenants in Common—Tenants by the Entirety.)
i Ihi! V,r
i� CHAPTER 183 SEC.6 A3 AMENDED BY CHAPTER 497 OF 1969
Every deed presented for record shall contain orupon t the full _
for A and a rrc"af of the armyount of tlK full consideration taemf In deodllm orfthe nature of the other coce ons lerltios�ihetrfuaddress
re,sif o thet deliver
�0� I II - enronbraoces ass mad b�t he full consideration shall iron the tont price for the conveyance without Deduction for any tiara or a —
�I II grantee or remaining thereon.All such endnrsements and reciuls shall be recorded at part of the dyed,
�t II I:adure to comply wilt t Js section troll out aam the validity of any JmL No rrgistrr of dreJt shdi anept a Jm1 lar mnrding antes
u is in compliance with the requirements of this srctiun,
Np- s
Iv,�r�a ry
Recorded July 27,1981 at 12:30PM #7?06
I
�1
.I.I
I,Robert L.Lubin,of North Andover,Massachusetts 01845 ^r�it j /T
in consideration paid of Thret Hundred Twenty-Six Thousand and 001100 Dollars(5326,000.00)
grant to Guy Gill and Daphne Gill,busbarsd and wife as tenants by-the satluty
µ C of 141 Ston«leave Road Notch Andover,Massachusetts 01845
3 with QUITCLAIM COVENAPUS
The send in North Andover,Essex County,Massachusetts being shown as Lot 1 I on a plan of land entitled"Definitive Plan (ry
a�
of Land of Stoneeleave Estates located in North Andover,Massachusetts towner.North Andover Assoc.14 Kilby St.Boston, ►p
Ma 02109&Richard&George Adams 1634 Salem St.,North Andover,Ma Applicant:Barco Corp,I Westwood Circle,North C)
Reading,ML Scale:1--4o',Date March 15,1977 Revised lune 15,1977,Plan recorded with-Essex North District Registry
;•- '� .' of Deeds as Plan No.7636,bounded and described as follows:
l Q Westerly by the sideline of Stonecleave Road,as shown on said plan 150.00 feet;
- Northwesterly by Lot 12-as shown on said plan,231.09 feet; HAV 27..'98 pQ:03
Easterly by land now or"formerly of Love,as shown on said plan,on five courses,67.00_f•eet,25.12 feet,
q 45.69 feet,47.29 feet and 50.34 feet,and
W
Southerly by Lot 10,as shown on said plan,296.40 feet.
= Subject tomd with the benefit of easements,restrictions,covenants,conditions and takings of record,insofar as the sarne are
now in force and applicable.
Being the same premises conveyed to me by deed of Paul A.Lubin dated July-27,1981 recorded with Essex North District
s Registry of Deeds in Book 1520,Page 324.
I •/t• Exe a sealed instrument this 21st day of May,1998.
a y
Robert L. Lubin `•"' i ��� r-
I
Commonwealth of Massachusetts, Essex,as:
S
t r ' w i''' On this 21 at day of y; 1998,before-me personally a dRobert L. Lubin,to me
known to be the person(s)desist and w toted a forgoing in ent,and acknowledged that helshe/they
executed the same as his/her/their at act dee.
t._
j ....... .... ........... ........ .................................... .... ....... ..... ..
4; (Seal)
Stephan L a —Notary Public
My Commisai E ues arch 22, 2002
1 AA
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N
E:
a
- - - 01996-1997 Standard Solutions,Inc.(7111)324-0660 Prinrd Thu May 21.1994 By SC11—K56 Deed
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BK 6341 ' PG 64
DEED
t
We,Guy Gill and Daphne Gill of Andover,Essex County,Massachusetts;
For consideration paid of Four Hundred Forty Seven Thousand Seven Hundred and Fifty
($447,750.00)Dollars; s
Grants to Scott Paulus and Vanda Paulus,Husband and Wife,as Tenants by the
Entirety,of 141 Stonecleave Road,North Andover,Essex County,Massachusetts,
52
$� With Quitclaim Covenants r-
The land in North Andover,Essex County,Massachusetts being shown as Lot 11 on a plan of
land entitled"Definitive Plan of Land of Stonecleave Estates located in North Andover,
Massachusetts Owner:North Andover Assoc. 14 Kilby St.,Boston,MA 02109&Richard
- Adams,1634 Salem St.,North Andover,MA Applicant:Barco Corp., 1 Westwood Circle,North F
Reading,MA Scale: 1"=40',Date March 15,1977,Plan recorded with Essex North District F:
Registry of Deeds as Plan No.7636,bounded and described as follows:
i
Westerly by the sideline.of Stonecleave Road,as shown on said plan,150.00 feet;
F
Northwesterly by Lot 12 as shown on said plan,231.09 feet;
Easterly by land'now or formerly of Love,as shown on said plan,on five courses, u
\ 67.00 feet,25.12 feet,45.69 feet,47.29 feet and 50.34 feet;and
Southerly by Lot 10,as shown on said plan,296.40 feet.
Subject to and with the benefit of easements,restrictions,covenants,conditions and takings of
record,insofar as the same are now in force and applicable.
a For title see Deed of Robert L.Lubin dated May 21,1998 at Book 5064,Page 88. 7K 4
r'
Guy Gi Daphne Gill a :
4 10
(, I.I W41
:(
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.s �i.m FYT''^£'✓F n'.-v'�- 'zrs'T^�n3^ -. n— e.-r-�_-._•__ ._..-. ..-. -- - _.--._......... _.- _., ._._..�_
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a
BK 6341 PG 65 7
COMMONWEALTH OF MASSACHUSETTS
a' 4 n.
ESSEX,SS
AUGUSTa -
3 ,zoo)
I F f
Then Personally appeared Guy Gill,known to in,or satisfactorily proven to me to be the U;{ii
I
Person whose name is subscribed to the foregoing instrument,and acknowledged to me that
he/she executed the same as his/her free act and deed for the purposes and considerations therein T
express,before me
Notary Public 61F I r x;
My Commission Expires: I s
7 .
COMMONWEALTH OF MASSACHUSETTS
ESSEX,SS III�EF� i
AUGUST a 3 ,2001
Then personally appeared Daphne Gill,known to me or satisfactorily proven to me to be ��I�Ff
the person whose name is subscribed to the foregoing instrument,and acknowledged to me that All4
he/she executed the same as his/her free act and deed for the purposes and considerations therein
express,before me
i
Notary Public
4
My Commission Expires:
11 r j� 'K4
n
VIII .{ t y?�.li
l LI {:IV:
r xL
t a,
I I
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. k�CH�,r3t i J
U
QUITCLAIM DEED
We, Scott Paulus and Vonda Paulus of North Andover, Essex County,Massachusetts
%: for consideration Paan in the amount of Five Hundred Sixty-Five Thousand and 00/100
V.
($565,000.00) Dollars
grant to S`�L V @.A 5 e4.�.�a?
of 141 Stonecleave Road,No. Andover,Essex County,M
with quitclaim covenants
The laud in North Andover,Essex County,Massachusetts,, teeing shown as Lot 11 oar a plan
of land entitled"Definitive Plan of Land of Stonecleave Estates located in North Andove
Massachusetts,Owner: North Andover-Assoc. 1.4 Kilby Street,Boston,M €I2109& M
Richard Adams, 1634 Salem St.,North Andover,MA Applicant: Barco Cor°p., 1 Wes �s "e
Circle,North Reading,MA Scale V=401, Date March 15, 1977,Plan r°ecordeci with Esills
North District Registry of Deeds as Plata No. 7636, bounded and described as follows
Westerly by the sideline of Stonecleave Road, as shown on said plan, 150.00 feet; =
11710
Northwesterly by Lett 12 as shown on said plana,231.09 feet,
Easterly by laud now or formerly of Love, as shown on said plana, on five courses,
67.00 feet,25.1.2 feet, 45.69 feet, 471.29 feet and 50.34 feet; and
Souther=ly by Lot 10, as shown on said plan,296.40 feet.
Subject to and with the benefit of easements, restrictions,covenants, conditions and takings
of record, insofar as the same are now its force and applicable. co
For title see deed dated May 21, 1998 recorded at the Essex North District Registry of d
Deeds Book 6341,Page 64. Vonda Paulus as lasted incorrectly as Vanda Paulus on said
deed.
LAW ODES Of PETER T.DAMORE,JR.,P.G.
P-79 CAMBRIDGE SeDd't{�l.
ppp�"��ppp
•
K 9485 PG 125
WITNESS our hands and seals this �;��day of April,2005.
eott Paulus
Vonda Paulus
COMMONWEALTH OF MASSACHUSETTS
On this 2i- day of April, 2405„before me, the undersigned notary public personally
appeared Scott Paulus and Vonda Paulus, proved to me through satisfactory evidence of
identification, which was a drivers' licenses to lie the persons whose narnes are signed on the
preceding document and acknowledged to me that they signed it voluntarily for its stated
purpose.
JI
Andrew A ey, Jr.,Notary Public
Idly Comrniss° n Expires: 5/27/05
FRTP
,p
r
FEE r2'5 76.40
AS
�Xt-ir X17 k
�i � 1251. I 1
530 KNOW ALL MEN BY THESE PRESENTS, that North Andover Associates, a limited part- F'
nership duly formed and existing under'Chapter 1091 Massachusetts General Lowe,
with principal place of business at the offices of Land/Vost Proporties,
Inc., 14 Kilby Street, Boston, Suffolk County, Maonachunotta,
for consideration of--Fifteen Thousand and 00!100 (515,000.00)---------Dollars
paid, grants to H-arryM. P_ Love and me A. Love husband and wifo, both of
C
I�Nk,xford Street, North Andover, Esnez County, Massachusetts, as tenante b�' -
Clic rntirrty with QUITCLIAM COVENANTS
A certain parcel of land situated in North Andover, Essex County, and being
shown on a 'Plan of Land fin.Hoc�h 7lgdolr.cr, Owned bX)Nor th��n ovelr A;;so iatestr0°ry�fJ ?
! Scale L"�80', Oc�OLG cOt r`I9'}�; tia'Sji's`EP.�j'L i,c�ri4�f NFtici�i MCird'e`,`Ts'II 7LI3
parcel being more particularly bounded and described as followsi
Beginning at a drill hole on the Northerly point of said land on the
Easterly line of property belonging tothegrantees named here Ml thence -
turning South 551 46' 18" West, 95.00 feet) thence turning South 64° 00' 00" - s-
West, 349.00 feet; thence turning South 40' 25'00" West, 175.00 feotY thence
turning South O1° 45' 00" West, 218.00 feetl thence turning South 371 22'09" t :
Cant, 103.00 feett thence turning South 01° 20' 31" West to a concrete bound,
110.00 feet; thence turning South 63' 33' 52" East to another concrete bound,
443.11 fact; thence turning South 03' 15' 37" West, 139.08 foot) thence turning
_ North 87° 57' 54" West to a drill hole, 190.22 feet; thence turning South _
05° 01' 16" West to another drill hole, 127.75 feet) thence turning South
76' 29' 06" West to another drill he
Lo, 101.19 feet; thence turning South
68° 40' 16" Wout to another drill hole, 59.06 feet; thence turning South
34' 50' 51" East, 47.65 fact) thence turning South 42° IS' 52" East, 45.61
feed thence turning South 36' 19' 23" East, 1511.93 Ctiet) thence turning South t
33. 39' 38" East, 90.51 fecti thence turning South 41' 37. 29" East, 135.24
foatr thonco turning South 16' 03' 011" hent,. 23.26 foutl thonco turning South
35° 51' 32" Cant, 36.05 foot) thonco turning South 32' 24' 33" East, 74.75
f.00tr thenen turning South 24' 25' 10" Fant, 144-.GG foot; thence turning South '
JG` 1'J' 2U" Eaut, 53.12 f�'otl thence"turning South JG` S1' 29" Fast, 9G.f,0
foot) thonco turning South-30' 44' 37" Ennt, 4D.4& feet; thonco turning South
35° 07' SD" East, 49.12 fcotl thence turning South 23° 50' 12" East, 26.07
feet; thence turning South 67' 56' 40" West; 5.58 feet) thence turning South
42' 27' 50" West, 142.55 feet; and thence turning South 38' 0344" West,
97.02 feet to the drill hole at.the point of beginning. T
Ids.
! Said parcel containing 10.278 acres, more or less, all according to said
Plan.
Being a portion of•the same premises conveyed to the grantor herein by
t /
deed of Robert Lewin Teal and Marjorie R. Teel dated July 16, 1970 and recorded
(� r in North District Essex Registry of Deeds Book 1156, Page 163.
�• - 'IN WITNESS WHEREOF, the said NORTH ANDOVER ASSOCIATES ons caused those
'presents to be signed and sealed in its nameand behalf by6.4dlrn.vier,A-...w3n� •a/
r of Land/Vest Properties, Inc.,-a corporation duly organized and existing under
the laws of the Commonwealth of Massachusetts, with a principal place of busi-
{ i - I ! �`• noes in Boston, Suffolk County, Massachusetts, and the sole General Partner
of said NORTH ANfIWER A550CIATES, hdreunto duly authorized, this JA(�
day=of OCTOBER' ! 1974.
;.. ,
Wl Cosset LAND/VEST P{NgPCRTIC6, INC. r, '•',-•
- ILI)By A
4D,1 A'
'r`I.• COMMONWEALTH OF MASSACHUSETTS
w
31A$71�0tk, -5S 41
Then personally appeared the above-named G.W.57irn.vfK; f'ry;tii,rt.;��e!•..
NosJf
, t
of said Land/Veat Properties, Inc., as aforesaid, and acknowlcdgod-, W
going to be the ftae act and dood of s es ort: IRO.('bafore,wa, 'r=
;Notsry Pu 1 a
iMy Corraiesion Expiree)
Recorded Nov.8,19?4 at 4:20PM #8561 ,
j
'274 - ;t
QUITCLAIM DEED +
NORTH ANDOVER ASSOCIATES, a limited
Partnership duly formed
and existing under Chapter 109, Massachusetts General Lawa, for 1
consideration paid in the amount of Seventeen Thousand Five
t;. f
c;. Hundred and XX/100 ($17,500.00) Dollars grants to Dr, Harry_ M. P.
and_Lartha A._Iove, hokh (.{ �s�.✓ nNdw.f� 1 11
Love/of 402 Boxford Street, North Andover, Essex County,
as joint tenants
Massachusetts` with QUITCLAIM covenants, all of its right,
title and interest in and to the premises situated in North
Andover, Essex County, Massachusetts, as shown on plan of land
SEL PLAN 14 entitled "Plan of Land in North Andover, Massachusetts
]7�� Prepared
H: for North Andover Associates, dated October 24, 1477, Frank G. `
Gelinaa b Associates, Engineers and Architects" to be recorded
herewith and said premises are more particularly bounded and
a described as follows: _ }
ZT
Beginning at a point at the northeasterly corner t
of the granted premises the land now or formerly of
Love and a forty (40) foot right of way as shown on
said plan; thence running S 57° 21' 05" W thirty-two
and 73/100 (32.73) feet along said right of wa7 to a
point; thence turning and running S 840 38' 25 ' W 7
one hundred thirty-two and 56/100 (132,56) feet by
a: said right of way to a point; thence turning and running
N 480 03' 04" W sixty-seven and 42/100 (67.42) feet by
r said right of way to a point; thence turning and running
i.< N 60° 23' 45" W three hundred sixty-eight and 71/100
(368.71) feet by land now or formerly of Borth Andover
Associates to a point at a right of way as shown on s
said plan; thence turning and running S 40 50' 14" W
one hundred twenty-two and 74/100 (122.74) feet by
said right400f wafifo to a Point; thence turning and running
S 850 09' y (50.00) feet by said right of way
14
to a point at a stone wall at land now or formerly of s,
7
New England Power Co,, Inc, as shown on said plan;
thence turning and running S 4° 50' 14" W seventy-six ? 3
and 34/100
thence running along lsaidSstone aid twall 5one 160 43' pointl to a 7" W,
sixty-five and 17/100 (65.17) feet to a point; thence
running along said stone wall S 1L° 56' 56" W one hundred I'
seventy-three and 65/100 (173.65) feet to•a corner in }
said stone wall; thence turning and running along said #
stone wall S 370 12' 46" E one hundred and•50/100 (100.50)
feet to a corner in said atone wall; thence turning and
running along said stone wall S 9° 21' 54" E twelve and
56/100 (12.56) feet to a point; thence continuing along
?` said atone wall S 1° 37' 15" W twenty-four and 88/100
• (24.88) feet to a corner in said stone wall; thence
turning and runn
fort40ing along said atone wall S 351 34' 29" W
t, y ( .00) feet to a corner in said atone wall at lard
now or formerly of Sarco Inc. as shown on said plan;
thence turning and running S 850 10' 58" E one hundred
,.>
(100,00) feet by said Barco Land to a point; thence
..w..4<nh-4c:f:i�2vr`A'.4. snw:-a:hw
a
1 fY
�XH113lT t_ `'
e�4 r, �Yjgd
B$ 13 2 8 i �
-2-
275
turning and running S 440 28' 40" E two hundred seventy-
five and XX/100 (275.00) feet by said �arco Land to a
point; thence turning and tanning S 81 10' 06" E three b"
hundred eighty and XX/100 (380.00) feet by said Barco
Land to a point at land now or formerly of Love; thence
turning and running N 60 04' 29" E two hundred six and
XX/100 (206.00) feet by said L8ve Land to a point;
thence turning and running N 1 28' 22" W three hundred s
ninety-one and 71/100 (391.71) feet by said Love Land
to a point; thence turning and running N 340 22' 09" W "
ten (10.00) feet by said Love Land to the point of
s
beginning.
Containing nine and 30/100(9.30) acres more or less
according to said plan. Meaning and intending to convey and
hereby conveying the,lot of land designated as nine and 30/1001`.
(9.30) acres more or less on the aforesaid plan.
The granted premises are conveyed together with and subject ;
to rights, easements, reservations, covenants, restrictions,
agreements and encumbrances of record, Insofar as the same are
still in force and applicable.
f s'
This conveyance is made together with the right to pass and. � +
repass over a forty (40) foot right of way at the northeasterly
corner of the granted premises as shown on the aforesaid plan. fit
.51
The grantor reserves to itself, its successors and assigns, K,
the flowage rights in the and on the Y`.
P granted premises to the �
one hundred twenty (120) foot contour line. on plan entitle d:
phical Plan of Lm�d in North Andover, Maas, for Lan�Veat Inc., Boston, MA.Aprll 970.' "'
The grantor further reserves to itself, its successors and
assigns, a five year option to repurchase twenty-five (25) feet I
F of the most northerly boundary of the granted premises as shown `i
on the aforesaid plan from the grantee, his successors or assigns, '
at a price to be agreed upon at the time of the purchase. The
grantor shall exercise said option by notifying the grantee
' 2
by certified mail, return receipt requested, of its desire to
so exercise said option in which case a deed shall be delivered � r
+ r
and the option price paid within ten (10) days from the date X
a .
of the grantor's notice of its election to so exercise its f
option. Said deed shall be a quitclaim deed conveying a goodi
and clear, marketable title to the option . premises.
1�
i�
+ 4
_# n
U
>,.+.,u.+,.e+.1.irx.�..,«.+�._.cuf;'xR��F%i(r.'..T+�r6+l6EtJ 'e."v"W�r'-a'� `*•r�sa.,a'.aat&n` .i'dD`++y x `s,
rY -
i�
L
i c
XHI 0,IT �—
CC
For the grantor's title see deed of Robert Levis Teel and
Marjorie R. Teel to the grantor dated July 16, 1970, and -µ
x:
recorded with said deeds in Book 1156, Page 1,63. For the
j
authority of Richard F. Perkins see Certificate of
Vote dated March 15, 1977, recorded with said Deeds in Book 1305, 4
Page 762. zrt
IN WITNESS WHEREOF the said NORTH ANDOVER ASSOCIATES has
caused these presents to be signed and sealed in its name and
x
behalf by Richard F. Perking, President
'+ Land/Vest Properties, Inc., a corporation duly organized and
existing under the laws of the Commonwe::lth of Massachusetts t°
with a principal office in Boston, Suffolk County, Massachusetts, I
s and the sole General Partner of..said"NorEh Andovez Associates,
' hereunto duly authorized,-this I day of &ZiU)7i36�
..� 1977
---- { ,
NORTH ANDOVER ASSOCIATES, by
Land/Vest Properties. Inc., its
sole general partner
B,is
`n
'YC c'�? su
• COMMONWEALTH OF MASSACHUSETTS
Sa oak .tfy , sa, Z1,;ik.&P/a, 1977
Then personally appeared the ablove named /��NndJ F/2itci�tf
President of said Land/Vest Properties, Inc.,
as aforesaid, and acknowledged the foregoing instrument to be
the free act and deed of said Land/Vest Properties. Inc, and )
X. -of said North Andover Associates, before me,
_ /
Notary
f, r C�;rt✓TTS � � :�
S-Fz
Recorded 'Dea.22e197 at II5PM 013358
� _;__ .. �"'i�a'a' ,..,i3.y�.�.i' .RN..•mals:�sr�.,2�s,".i;:i� ..:u`.�-ax....r,i�:i:o-�'s,.,4-..uaU�:.s...w.sS---L.s••-g'."`�- Z��'ia
B K 16 8 8
t:
I, �%ilCiLALL JAMES GORI-Lull �� n iI
_ oC North Andover, Essex
County,Massachusetts
n consideration of Less than one hundred ($100.00) dollars paid
grant to harry M.P. Love and Martha A. Love, Trustees of the Love
12ealty Trust, U/ll/T, December 30, 1982, recorded Essex North District ,
PA
Re,'istry of Deeds of 451 Andover Street, NorthAndover, Massachusettsi
j Book 1655, Page 265
with 9Luitrtaim roUcnzrnts In'i
the land ihk situated in North Andover with the buildings thereon, if any
shown as Lot 16C on a plan of land entitled "Plan of land located ill f
North Andover, Massachusetts, prepared for Charles E. Rooney. Scale
E'
'FY
40' , April 2S, 1953, Richard. F. Kaminsky and Associates, Inc."
Said plan is recorded in the Essex North District Registry of Deeds d!
as Plan No. 9160. �t9
For a more particular description of said lot 16C see
�. p pian referred Ii
3,
� to• t:
The grantee shall have the write to use in common with others lawfully
entitled thereto said Duncan Drive for all purposes which public ways
are commonly used in the Town of North Andover, Commonwealth of
Massachusetts.
Subject to and together with the benefit of all agreements, easements I>'{
covenants and restrictions of record insofar as the same may be now ilk
force and applicable.
i
For my title, see the deeds of Charles E. and Dorothy E. Rooney and
Harry 1M.P. Love and Martha A. Love, Trustees, recorded herewith.
I
t .
Property address: Lot 16C Duncan Drive, North Andover, Massachusetts
t
i {
Executed as a scaled instrument this 24th j y of June i9 83 {�
YMII�IIAEI�fES GORI-IMArw
a11�f
y t e Canunonfueztlt4 rrf ��nssucfjusetts c i�, �
Essex ss. June 24, 14 S3If ;
Then personally appeared the above named i'M
ichael James Gorham
,
111•I e
and acknowledged the foregoing instrument to be Ills frc act and deed, t
t t I
s. Before me, �/ C/t7��r�cU/� 1�✓ i}
Marary R.blic
omenic J. Scaliseke
My commission expires March 2, 19 84 i; � �
y Recorded June 24,1983 at 9:47AM #9811
JW
�r� �1
LYHt .. A.)
121��-- - - - BR3228
{ aWaACN UeaTTa pUfTCU�y OaaO INOM"AL MONO FOAW aaa
Ma, Thomas P. Shan m.&virginia E..Shann, husband and wife, both of ��� �•
I
Vd
North Andover, Essex Counrl,NfLaschumm _
being mnarrird,for wnsiderstion paid,and in hill consideradon of---------------------------------�
------Seventy-Two Thousand and 00/100 ($72,000.00)
------—__—-------------Dollars
3 grin to Ham ML, Pf Love and Martha A. igve, husband and wife, as tenants by the °
entirety, both oG-iilfoz or beat,North Andover, Es ax County, MBase chuaette
with quittlatm fmmrmanhi
. (Deuripteoa and snrumbr,ncn,i(,,,F) P
_F A certain parcel of land being shorn on a "Plan of Land in North Andover,
owned by North Andover Associates, March 31, 1971, Hayes Engineering, Inc.,
828 Lynn Fells Parkway, Melrose, Masa.% being PpC
Reg-
istryorded of Deeds as Plan No. 6413 and bei in North Eesez.described as followst + being more particularly
larly bounded and
e
Beginning at a set concrete bound at the Southerly point of said.propertyF
thence turning and running Northerly in several courses along the distance of
a fence - 561.61 feet to a set concrete bound, thence further Northerly 256.00
feet, 395.00 feet, 105.00 feet, 245.00 feet, 198.00 feet, 348.00 feet, 458.00
feet, to Foster Street, thence turning and running Easterly along a stone
wall parallel to Foster Street and n private way, and
=i
dirt road as shown on said plan, 200.00 feet, thence turning
generag anlly existing
F Southerly in several courses 9 grally
Partially by n stone wall, 103,03 feat, 12.5
F feet, 242.00 feet, 95.00 feet, 349.00 feet, 175.00 feet, 218,00 feet, 103.00
feet, 110.00 feet, to a concrete bounds thence turning at an angle as shown
on said plan and running Easterly again 443.11 feet to a set concrete bound)
k then turning at an angle as shown oe said plan and running Southerly 764.09
feet to a set drill hole) then turning at an angle as shown on said plan s
and running Southwesterly- 284.48 feet to the point of beginning.
.ro Containing 8.622 acres more or less. All of the above bounds being described
as more or less, subject to and with thabenefit of rights of way as appear
on said plan and as may be otherwise in force and applicable. The grantors,
their successors or assigns, warrant to the grantees, their heirs, administrators, _
executors, successors and assigns, the permanent right of ingress and egress
over the right of way shown on said plan as running from Boxford Street to
the granted premises, and the grantors further agree, for themselves and their
successors and assigns, that they will warrant ani defend said right of Ircgroan
and egress to the said grantees, their heirs, administratora, executors,
successors and assigns, forever against the lawful claims and demands of all
persons, at said grantors, their successors or assigns, sole cost and expense.
Except that said covenant to warrant and defend said right of ingress _
and egress to the said grantees shall automatically terminate in the
Y °vont of construction of a road from Foster Street as to which the grantees -
1 shall have a right to use all as set forth in a deed recorded in the North
S Essex Registry of Deeds, Book 1211, Page 626.
EI¢ Subject to the reservation° and agreements, and together with the benefit
of the right of way, conditions, agreements and rights therein referred, all of
which are more clearly set forth in a deed recorded in said Registry ofDeeds,
Book 1211, Page 626.
i
Being the am* premises conveyed to the grantors heroin by dead of North
Andover Associates, recorded in North Essex Registry of Deeds, Book 1211,
Page 626.
C07J.lhC1N'JlEA'.ihl OF AAASSACHU.ETTS
1llilitJ:9 �{�_I`9li 1 f
-1fi4. 16
� I
^_
LXHt � tr N � t
B K 1 S 7 3
-
----•---- --- DEED
: 2235
RN
s .t
Barco Corporation a Massachusetts corporation having a usual
place of business at 1 Westwood Circle, North Reading, Middlesex
County, Massachusetts for consideration paid
and in full consideration of less than One Hundred ($100.00)
Dollars grants to -
Harry
M. Love, of Nor h Andover, Essex County , Massachusetts the
land situate-T in North Andover, Essex County, Messachusetts i r d
designated as Lot No. 20 on Plan of Land entitled ' Definitive
Plan of Land of Stonecleave Estates II located North Andover, }
Essex County, Massachusetts, owner and pplicant Barco
Corporation, Scale 1" equals 40' dated March 9, 1979 revised June
15, 1979 and June 20, 1980, September 5, 1980" Frank C. Gelinas
Associates, Engineers and Architects, and said plan being
recorded with Essex North Registry of Deeds as Plan No. 8525. -
For more particular description of said Lot 20 see plan referred k.a
to.
Lot 20 is not a building lot and it is understood that said Lot
20 shall merge with ether land owned by the Grantee.
Signed as a sealed instrument this 3,::) day of June, 1984, Barco ;
Corporation by Joseph J. Barbaga'11-o--'-- --- ____
" �• � cls �`' .-'_ ~ �'�f�'"`rt,_ �;: � '+
osep of aga onju Ay`t=
1 _• t1���'UC;'y • i I
li STATE OF NEW HAMPSHIRE Mair<' f
ROCKINGHAM, SS.
Then personally appeared Joseph J. Barbaa1�1 President andt,
Treasurer and acknowledged the foregoing inst u ent to be th
free ace and deed of Barco Corporat'ci, b or e
,1 l'.45
ary c
My comma sion xpires:ld'�y ;
i
Recorded Sept.28,1984 at 1:41P',7 #18796 `
j I
i
t i �
j
f 4
z
is
4272� .)� �r Z
WE, HARRY M.P. LOVE AND MARTHA A. LOVE, Trustees of the Love ¢
Realty Trust, U/D/T, date December 30, 1982, recorded with Essex tia
North District Registry of Deeds at Book 1635, Page 265 F 3j
of North Andover, Essex County, Massachusetts
in consideration of less than $100.00
grant to Martha A. Love of 785 Palmer Road, Mill Spring, North
Carolina t
Q o
z with quitclaim covenants e
the land situated in North Andover with the buildings thereon, if I� jS
any, shown as Lot 16C on a plan of land entitled "Plan of land
located in North Andover, Massachusetts, prepared for Charles E.
v Rooney. Scale 1" = 40', April 25, 1983, Richard F. Kaminsky and ac
a Associates, Inc." Said plan is recorded in the Essex North
>, District Registry of Deeds as Plan No. 9160.
i For a more particular description of said lot 16C see plan 00
referred to. 09 rl2
The grantee shall have the right to use in common with others � Ia
lawfully entitled triereto said Duncan Drive for all purposes ?
which public ways are commonly used in the Town of North Andover,
Commonwealth of Massachusetts. ,
Subject to and together with the benefit of all agreements, P
easements, covenants and restrictions of record insofar as the '
same may be now in force and applicable. `ir {d
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For our title, see the deed of Michael James Gorham recorded at co
Essex North District Registry of Deeds, Book 1688, Page 79.
Executed as a sealed instrument this th day Sura 19
Y M. LOVE71f l
A. LOVE
e e. NO-M Ry IX bkic., 51cr o4' tSor+h I'' 95 Irl r
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Then personally appeared the above named Harry M.P. Love and
Martha A. Love Trustees aforesaid and acknowledged the foregoing
instrument to be their free act and deed, R x�l 1
Before me,
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' of 785, Palmer, Road, Mi11 Spring, Polk County,MBDMUWMM
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in caetai ' tion of Three hued twenty one thousand and 00/100 ! -�
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grant to Howard J.K-Kew land Joyca/1;; a , husband and wife, ss tenants by the
entirety
of Boxford Street, (North Andover, MA with quftclahn cat
the land is
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G SEE RIDER " " FOR A MJRE PARTICUiAR DESCRIMCN
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Exauutedisa a oekd imtru meat this day of January i9 96
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SDAT� OF INA POLK *LJANUARY Z 9� is 96
T1 , p,,,,Uy �%gft,nd tfie above nsmcd Martha. A. Love
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and %*drd tha foregoing instrument to be her free act mad deaf,/
Bgjor:me, a n� .G 2VII
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RIDER A
The land situated in North Andover, Essex County,
Massachusetts with the buildings and improvements thereon shown
as Lot 14 on a plan of land entitled "Planned Residential
Development, 'Lost Pond, ' Flintlock, Incorporated, P.O. Box 531,
North Andover, Mass 01845", Thomas E. Neve Associates, Inc. ,
Engineers, Surveyors, Land Use Planners, 447 Old Boston Road,
U.S. Route 1, Topsfield, Massachusetts 01983, Job No. 1276, Rev.
5/5/95, said plan recorded with the Essex North District Registry
of Deeds as Plan No. 12610 and to which said plan and the record
thereof reference is hereby made for a more particular
description of said Lot 14.
Also hereby conveying to the Grantee the right to pass and
repass over an existing right of way as shown on said Plan 12610
and on Plans 7742, 6413 and 7133 all as recorded with said
Registry of Deeds.
Subject to the rights of others to pass and repass over that
area of Lot 14 confined and delineated as an 8' Wide Non-
Motorized Recreational Easement on said Plan 12610 and as
recorded at said Registry of Deeds in Book 4272, Page 30.
Also subject to a utility easement confined to the area
delineated as 20' Wide Utility Easement on said Plan 12610 and as
recorded at said Registry of Deeds in Book 4272, Page 30.
Also subject to the conditions as shown on said Plan 12610
and all agreements, easements, covenants and restrictions of
record insofar as the same may be now in force and applicable.
Also subject to a Restrictive Covenant dated January 11,
1996 and recorded in Book 4419, Page 47.
The Grantee hereby agrees to pay and assume the real estate
taxes for the tax period beginning July 1,1996.
For title of Grantor see deed from Harry M. P. Love and
Martha A. Love dated August 24, 1989 recorded with said Registry
of Deeds in Book 2989 Paste 62 and deed from Harry M. P. Love
and Martha A. Love, Trustees of the Love Realty Trust dated June
2, 1995 and recorded with said Registry of Deeds at Boo _ 27.2,.
Page 27.
f�
Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( )
REQUIREMENT. MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner,
abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within
three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable
tax list,not withstanding that the land of any such owner is located in another city or town,the planning
board of the city or town,and the planning board of every abutting city or town"
Subject Property:
MAP PARCEL Name Address
104.B 137 Richard Adams 114 Stonecleave Road North Andover,MA 01845
Abutters Properties
Map Parcel Name Address
104.B 56 Howard McKew 402 Boxford Street North Andover,MA 01845
104.6 124 Christopher Litster 112 Stonecleave Road North Andover,MA 01845
104.8 125 Michael Papell 124 Stonecleave Road North Andover,MA 01845
104.B 126 John Dise 136 Stonecleave Road North Andover,MA 01845
104.6 127 John Grant 148 Stonecleave Road North Andover,MA 01845
104.8 128 Stanton Boothby 162 Stonecleave Road North Andover,MA 01845
104.8 134 William Stadler 163 Stonecleave Road North Andover,MA 01845
104.8 135 Brian Vogel 151 Stonecleave Road North Andover,MA 01845
104.8 136 Sylvia Sasso 141 Stonecleave Road North Andover,MA 01845
104.B 138 Richard Adams 114 Stonecleave Road North Andover,MA 01845
104.B 139 George Blake Adams 1634 Salem Street North Andover,MA 01845
104.8 174 Gary Wieman 88 Duncan Drive North Andover,MA 01845
Date 8/24/2007
Page 1 of 1
This certifies that the names appearing on the
records of the Assessors Office as of
Certified by: Date
�G2�, o� �E APPROVED: NORTH ANDOVER ZONING BOARD OF APPEALS
v 0rl
� o
DR.
0
SI TE
STONECLEAVE
RD. 0\���
114 STONECLEAVE ROAD
ASSESSORS MAP 104B, PARCEL 138 FOR REGISTRY USE ONLY
LOCUS MAP NOT TO SCALE S29°58'55"E ati ati *63,691 SF.±
12.14 RICHARD & JO-ANNE ADAMS
o i
N/F �o o N/F
HOWARD & JOYCE McKEW M GEORGE & BARBARA ADAMS
BK. 4429 & PG. 56 BK. 4225 & PG. 297
ASSESSORS MAP 104B PARCEL 139 '� ASSESSORS MAP 104B PARCEL 139
roA s'l
/ N
CERTIFICATION
j �'_ \\ J �' I CERTIFY THAT "IS PLAN WAS PREPARED IN
s° \ CONFORMANCE WITH THE RULES AND REGULATIONS
,. v
\ OF THE REGISTER OF DEEDS.
i
I ALSO CERTIFY THAT THE PROPERTY LINES SHOWN
ARE THE LINES DIVIDING EXISTING OWNERSHIPS, AND
THE LINES OF STREETS AND WAYS SHOWN ARE THOSE
OF PUBL,C AND PRIVATE STREETS AND WAYS ALREADY
00 ESTABLISHED, AND NO NEW LINES FOR DIVISION OF
\ EXISTING EXISTING OWNE R NEW STREETS AND WAYS
,��6 `\ \\
BUILDING ARE SHOWN. ���►� D �ss�°
ti
_ u� Nom'.,
LOT 10 STONECLEAVE ROAD DAVID
I� s ASSESSORS MAP 104B PARCEL 137 �_ �3 AkV�s a
*43,570 SF.± �� , �� � � Iso
\ \ PROFESSIO L OR DA E:
GRAPHIC SCALE
\
40 o zo 40 as Iso
N/F all
SCOTT PAULIS & SYLVIA SASSO __g4
BK. 9485 & PG. 124 \\ _ �/ o 00 ( IN FEET )
ASSESSORS MAP 104B PARCEL 136
1 inch = 40 ft.
� � _ — ✓ --, � 102-
1
116°28'40"
REFERENCES 150.00- 40.31' / <<*150.00 >>
108.84
1.) THE LOTS SHOWN ON THIS PLAN DO NOT CONFORM o$ C L=1�6 69 9z L=41.16 167.83'
96 ,g4 R,310 __ _,9� _ N87°12'23"W R=380.00
TO THE CURRENT ZONING BY-LAWS IN AREA AND FRONTAGE STONE BOUND
FOUND
2.) THIS PLAN IS THE RESULT OF AN ON GROUND SURVEY STON ECL�� A �7� AD
PERFORMED BY NEW ENGLAND ENGINEERING ON 8/11 /06 EA
V BOARD OF APPEALS PLAN
,
{�'WIDE-PUBLIC)
--- LOT 10 STONCLEAVE ROAD
— - _ NORTH ANDOVER MA.
ASSESSORS MAP 104B PARCEL 137
ZONING TABLE PREPARED FOR
ZONE R-1 REQUIRED EXISTING LOT 10 EXISTING #114 RICHARD ADAMS114 STONCLEAVE ROAD
NORTH ANDOVER, MA.
FRONT 30' N/A 129.7' SCALE: 1" = 40'
SIDE 30' N/A 28.0' REFERENCES AUGUST 27, 2007
REAR 30' *433,,570.7 S.F. 264.8'
63,,6697.5 S.F.6 1 .) N.E.R.D. PLAN #7636 REVISED NEW ENGLAND ENGINEERING SERVICES, INC.
LOT AREA 87,120 S.F.
FRONTAGE 175.00' *150.00' *150.00' RECORD OWNER: RICHARD ADAMS 1600 OS:jOOD ST. , BLDG. 20, SUITE 2- 64
DOES NOT CONFORM TO THE CURRENT ZONING BY—LAW RECORD DEED: BOOK 1314 PAGE 535 NORTH ANDOVER, MA 01845
*
(978) 686- 1768
DRAWN BY SHEET # CHECKED BY:
D.A. 1 of 1 D.A. & B.C.O. JR.
FILE # DESIGN BY:
1244-8-27-07 D.A.