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Home My WebLink AboutMiscellaneous - 250 BRENTWOOD CIRCLE 4/30/2018 (2)/JOHNSON�i BORENSTEIN, LLC ATTORNEYS AT LAW 12 Chestnut Street Andover, MA 01810-3706 Tel: 978-475-4488 Fax: 978-475-6703 www.jbllclaw.com don@jbllclaw.com Via Federal Express September 30, 2015 Kristine Cheetham, Town Planner Town of North Andover 27 Charles Street North Andover, MA 01845 Re: Dear Ms. Cheetham: Mark B. Johnson (MA, NH, DC) Donald F. Borenstein (MA, ME, NH) Lorri S. Gill (MA) Rachel Davis Baime (MA) Theresa Conte "crust _ 0_4, _ _ Map 64, Parcel S1, -Lot 11— I represent the Owner of the above -referenced Property, Brentwood Circle, North Andover Assessor's Map 64, Block 51, Lot 43 ("Lot 43"). Please allow this letter to respond to your memo dated September 1, 2015, which requested that the Owner describe the Lot ownership and creation in detail, including the history of any sale or transfers of the land. Lot 43 is currently owned by the Theresa Conte Trust. Susan E. Conte (n/k/a Susan Eaton) is the Trustee of the Theresa Conte Trust. Frank and Theresa Conte, purchased Lot 43, together with abutting Lots 42 and 44, from John D. MacDonald and Vera M. MacDonald, Trustees, by way of a deed dated March 1, 1974, recorded in the Essex North District Registry of Deeds ("Registry") at Book 1236, Page 637, a copy of which is attached hereto as Exhibit 1. As shown on Definitive Plan of Land No. 4869, recorded at the Registry on October 18, 1963, a copy of which is attached hereto as Exhibit 2, Lots 42, 43 and 44 each had 44,000 s.f. of lot area. Frank and Theresa Conte then conveyed Lot 42 to Stephen F. Rich and Jeanne D. Rich by way of deed dated April 29, 1977, recorded in the Registry at Book 1306, Page 738, a copy of which is attached hereto as Exhibit 3. � 1 JOHNSONMark B. Johnson (MA, NH, DC) BORENSTEIN, LLC Donald F. Borenstein (MA, ME, NH) ATTORNEYS AT LAW Lorri S.Gill (MA) Rachel Davis Baime (MA) 12 Chestnut Street Gregory R. Richard (MA) Andover, MA 01810-3706 Kathleen M. Heyer (MA, NH) Tel: 978-475-4488 Paul D. Bekker (MA, NH) Fax: 978-475-6703 www.jbllclaw.com Of Counsel don@jbllclaw.com Robert W. Lavoie (MA, NH) Mary L. Cataudella (MA, RI, NH) Paraleeals Karen L. Bussell Danielle R. Corey Lianne Patenaude Ellen M. Melvin Via Federal Express September 30, 2015 Kristine Cheetham, Town Planner Town of North Andover 27 Charles Street North Andover, MA 01845 Re: Owner: Theresa Conte Trust _ _ [Property: 250 Brentwood Circle, Map 64, Parcel 51, Dear Ms. Cheetham: I represent the Owner of the above -referenced Property, Brentwood Circle, North Andover Assessor's Map 64, Block 51, Lot 43 ("Lot 43"). Please allow this letter to respond to your memo dated September 1, 2015, which requested that the Owner describe the Lot ownership and creation in detail, including the history of any sale or transfers of the land. Lot 43 is currently owned by the Theresa Conte Trust. Susan E. Conte (n/k/a Susan Eaton) is the Trustee of the Theresa Conte Trust. Frank and Theresa Conte, purchased Lot 43, together with abutting Lots 42 and 44, from John D. MacDonald and Vera M. MacDonald, Trustees, by way of a deed dated March 1, 1974, recorded in the Essex North District Registry of Deeds ("Registry") at Book 1236, Page 637, a copy of which is attached hereto as Exhibit 1. As shown on Definitive Plan of Land No. 4869, recorded at the Registry on October 18, 1963, a copy of which is attached hereto as Exhibit 2, Lots 42, 43 and 44 each had 44,000 s.f. of lot area. Frank and Theresa Conte then conveyed Lot 42 to Stephen F. Rich and Jeanne D. Rich by way of deed dated April 29, 1977, recorded in the Registry at Book 1306, Page 738, a copy of which is attached hereto as Exhibit 3. Kristine Cheetham, Town Planner October 1, 2015 Page 2 Subsequent to the sale of Lot 42, Frank Conte submitted a Form A: ANR Plan (the "ANR Plan") to the North Andover Planning Board. The ANR Plan depicted a lot line adjustment between Lots 43 and 44, whereby the area of Lot 43 decreased slightly to 43,753 s.f., and the area of Lot 44 increased to 44,246 s.f. The resultant frontage of Lot 43 was 279.43 feet. The Planning Board endorsed the ANR Plan on October 17, 1977; the ANR Plan was recorded as Plan No. 7711 at the Registry on November 9, 1977, a copy of which is attached hereto as Exhibit 4. Nine years later, Frank and Theresa Conte conveyed Lots 43 and 44 to Frank Conte and Susan E. Conte by way of deed dated October 29, 1986, recorded in the Registry at Book 2341, Page 161, a copy of which is attached hereto as Exhibit 5. The following year, Lots 43 and 44 ceased to be under common ownership when Lot 43 was conveyed to Frank Conte, as Trustee of the Theresa Conte Trust, by way of deed dated April 30, 1987, recorded in the Registry at Book 2482, Page 68, a copy of which is attached hereto as Exhibit 6. Lot 44 remained in the ownership of Frank Conte and Susan E. Conte until it was conveyed to Frank Conte for life with a remainder to Susan E. Conte by way of deed dated February 1, 1995, recorded in the Registry at Book 4205, Page 79, a copy of which is attached hereto as Exhibit 7. Frank Conte died on July 27, 2014. Lot 44 was then conveyed to Kyle Cataldo and Courtney Cataldo by deed of Susan Conte dated January 6, 2015, recorded in the Registry at Book 14093, Page 232, a copy of which is attached hereto as Exhibit 8. As explained in detail above, Lot 43 has been held in separate ownership since at least April 30, 1987, and has had its current boundary configuration since the Planning Board's endorsement of the ANR Plan on October 17, 1977. Based on the foregoing history of creation and ownership of Lot 43, the Owner respectfully requests confirmation that Lot 43 meets the applicable minimum zoning dimensional requirements as a "grandfathered" lot under the North Andover Zoning Bylaw. Please do not hesitate to contact me if you have any questions or would like additional information. Respectfully, - Donald F. Borenstein Cc: Client Verald Brown, North Andover Building Inspector Exhibit 1 w.ra.o-mm" rwtuw er.a aWsrq, e.we s"50 W. We, John be M000614 axil Vara l!. Kat4onald MIS'1'EES render it Deolara• tion or Tritis't dated May 1 19$A and recordeS in Aiddlebrx South Regis- ttl Or Doods, book 12 , aSa 97, and a aopy of which is recorded in the Borth Essen ho stry of Deeds, took 102;, Tags 375, ox TWE "M COVERUD HY" SAID DECLARATI0Y OR TRUST,AtfD=icily ov Ii6C�Wnid+L iiilatockitidit/iNap1 Nadia FuilwniideasKmoC $,10,000 gulEo trai5k Conte and Thorsaa Goner, husbanded wife, es joint tonanss, hot is tst+attte in cocoon nnr as tenants by the sntirsty, both or 14 Wachmal tt 2110,0M39, Ldrrenos, Nasstchusatts wt4 1 ,atrRta� taernoata dcrtr ;A North Andover, Epbos county, kessschaeetts, Wnd lots numbered 421 63 AM t4 as shown oh 0 plan hereinafter refsrrod to and bounded �11X�PI'>rR17i�xiXYi`2 alas described as, followst fill 1r.4A= UMMIPIX. by Lot No. 0, PLM feet and by Lot X*6 440 67.0,1 tact, ccs shown an said plan; blved br a Vort bn.or Lot No. 32 and a portion of Lot leo. j)y I total of II5.9A test as shown, on said plan, Southerlyl by Lot Ito. 41, 328.02 feet, as shown on said pIu%& d, Weaurlt by the Ustarl Tins on Brentwood Circle, 134.00 toot as Shown on 4914 plan. Containing 44,000 Square fast of landl, son or lase. Lee WO 41 Worthtasterl-t by Lot No. 44, 319.30 fset, as shorn on Said plana tai bra ponion of Lot No. 42, 271,.96 foot, as Thorn on raid p1.n1 and tr+Isterlr_and Northwestwrlr by tie Easterly eurvsd line on Brost - rood Circle in two courses, 97.45 fast Sad 200.00 lset. Containin4 44,000 Aqua rS feet or load, sore or laso, and being triangular in shape, as rhown on said g�1Sn. 6MIAsntarlyt by Lot No, 43, 21,1.41 rest, ss shorn an said glom I-agirlyx by aortion of Lot No. 32, 107.91 feet, as shown on said planj sogthod%l b7 apportion of Lot No. 42. 67.03 fast, as shown on 4tid_planS Bgut'hweaterl;te " Lot so, pl, 319.30 test, as shown an said plant and M=hwenter3rs bt the Eastarlr lint or Brentwood Circle in two courses, 21.08 feet and 132.34 rest. as shown on SAM plan. Containing 44,000 Square feet of land. more or leas. Said iota No. 43 and L4 are conrNyed oubjeet to a drainaet ease- bent 20 toot .In W44th and 40 feet in length along a portion of the Notitheastorly lints of Los No. 43 and the 9outhwe3tsrly line of Lot go. 44 bounded os follows, S tartdng at a point on the Easterly line on StOntiiood Circle •10.feet Southwaeteriy from the boundary line of Lots isualWred 0 teed 44; thence running in a Southeasterly irection 80 rest to apoints thtnoe Northeasterly 20 fest to a point% thence North* wast:rly no fest to tho Easterl* line on Brentwood &irCltethente South. wosttrijj 20 facet by Brentwood Circle to the point of begihaing. �sssSrsrsaa Exhibit 2 A5 �ƒ yggQg��y}/: P. 00 CC §f� /(/� /� QZ 1D, r` a �'� P•�W � 4 s 44-t i a. SA 5j Alp S aP i .i mss• � 7' ,° x p rl r.°r Ar r�' r r� °g 1 3A p h c n e'Q •� c s �••' a .. t �• �` ^ p !; o p 5�". 0 9 a o cis � r" ` .P L. ------------- \ or 5P' ^,C 1� • *, ° _< .°n si_- ___-L___I tt N y0. _n gg'°' 00 °1a O •°�' O 3 ti b /LS/bN� Exhibit, 3 LN K Iso 6 ~� i We. FRANK CONTE and THERESA CONTE, husband and wife, both of y I WC North Andover, Essex County, ma&,WhuWts In conatdesadon of Twenty-four Thousand Pive Hundred and 001100 ($24.500.00) Dollars mat to STEPHEN F. RICH and JEANNE D. RICH, husband and wife, as joint tenants, both of 17 Sheridan Street. Haverhill. Essex County. Massachusetts. otic with gaiirtatm ro m"ts A vacant lot of land, being f.ot 42 on a plan entitled: "Definitive Plan of Brentwood Circle. North Andover. Massachusetts" dated August 19. 1963, George E. Hayes, Registered Engineer and recorded in the North District of Essex Registry of Deeds as Plan No. 4869, and being more particularly bounded and described as follows: NORTHERLY: by Lot No. 43. 274.86 feet and by Lot No. 44. 67.03 feet. as shown on said plan; EASTERLY: by a portion of Lot No. 32 and a portion of Lot No. 33. a total of 116.96 feet as shown on said plan. SOUTHERLY: by Loot No. 41. 328.02 feet. as shown on said plan; and WESTERLY: by the Easterly line of Brentwood Circle. 1$0.00 feet as shown on said plan. Containing 44.000 square feet of land.nore or less. Being a portion of the same premises conveyed to the grantors by deed of John D. MacDonald. et al. Trustees. dated March 1. 1874, and recorded with said Registry of Deeds in Book 1236, Page 637. Cr .MODJWfAlti10 T At AySA'.."J'STiS 8aeeuted a t waled iaahumat this Twenty-ninth 44Y of Aprfi 19 77 a r -Frank Conte Theresa onte a4t tEswaonmtaltif of titasaarbiurtttr Essex. .. April 29. 19 77 TM„o.,.,Wjy.py...dt6.6,„.. d FRANK CONtTE and THERESA CONTE .nd.ck.alrkdaed dx fa+italua:u+aam.rt k 11. their SJOIt 1M., —�+ � l 1��jLilk7(�IY�PI(7CX7[ 21. : TNU�oxsXX` IU :uxxnixx- ., ICG 1 Recorded Apr.29.1977 at 9t24A'4 13338 IO Exhibit 4 ��- aYot 'x (� 7711 U�i�Ck.�.1�Q� ,CL>��reCptce,� CONrE /VEWP.FoYEPT/UAE �.�A/y OFLAND /n/ /1/O/pl/1 A/YpD I/E,p FO.P f%PA/V/f' Cotire' O /e Le io ys B � . ZCE,P7/Ff/ TH/fT Tif'�s ,o<�I. �'er/PLf/�-�/TH if/EiPULFf. ,p�,EOs /l/of = SEE/VE�G - �9,1JD .Book .p.4GE nY PXIIY,4C1r'11WNf6R/.VG - 11 1 S /1/7;r /3 G 6 /1/A1iV sT/YEFT A/VOa vFQ /�14SSACf1U: s/ipvEy�O.e.Y. B`.A. O.O;o 9� Exhibit 5 B$2341 We ,FRANK CONTEEssex ndTHEERISA CON E, husband and wife, both of North Andover, �....:;,•;kt,•c,q tff�wair7tliR�aMrralMt in oow"Cratioe of ----- ONE ($1.00) DOLLAR and other'good and valuable consideration -- gram to said FRANK CONTE and SUSAN E. CONTE, as )oint.:teneots, bbtb'. of 270 Brentwood Circle, North Andover, gasex County. Massa h4setts01845 .. of x wits' gtd�claGp fttatlaradttla ' Two certain parcels of land, with the buildinqs leassachusettas, on the situated in Nnrth Andover, Essex County. ana Lotanumbera44eanfaRplan~ofdlandCle ,drawndbyhown as �Merrimackt number 13 znginsering Services, Inc. and recorded in the North District'of Essex Registry of oeeAs as Plan 17711, to which plan reference is made for a more particular description. Said premises were previously shown as Lots 43 and 44 on a plan of land entitled "Definit" Plan of Brentwood Circle, north 610,. ntL1 toe° divisions line betweenithea lots*vaatallterediwith i ry as Pan +the .ceeor4ing of said Plan 17711. Being a portion of the same premises convey*a to us by deed recorded of John Dwithcseaidld, at all Registry, Trustees 637 Mn i' 1914 and 28th d Y of tobsr 19 K. pateWted a a sealed httdnmietn thin r , r y( f.•. ares} Conte ofe� oetober'Qe; N 86. . Essex .(.yen ono Wjy Mand the lb— rbtned FRANK CONTE • 4 �1 •r'�,� yweament to by �!� ped «►tibbrd��,++ torsRo+t. itlGFAiS F. CAM EY, E rAF7 PU; iCi CQ :i !lSSi4� EXViRES 1AmARY 16, 1442 Recorded Oct -29,19£36 at 4t27FM #3fi291 Exhibit 6 B12482 -T,- ... .. .. Estxex We, FRAWK CONTE &Rd SUSAN Z- COWt both of North Ano -over, County, Massachusetts, q � m =9400= 64 ($1,90', -DOLLAR and Other go and Valuable ccnr*aeration--- - WW pR.ANK CONTE, TrumteQ of The Theresa cOnt6 Trust, under Deci �tjon of Trust dated April 39, 1987, and recorded herewitht r-. . 01645 270 Bii�nti.#Ood Circle, North Andover; Essex COufttY with Ottlaim ase f A -Cee-taiin parcel-caL of Vacant Ian Ly 91in worth140 Andover, � Of Essex''�'otanty, Ma elm A0hUj!;ettS , �-oft-t ;in-tkood Citcle. and shown as Lot nu-mber. 43 Pn'a Plan 04 In S Dee, I -tc� and �r4doided ift the drawn by Merrimack enalneer Y f Deeds ass Plan 0,71i, to which North District of Essex Req more p�jrtjcular descriPticn- pian reference is M&ee for a orded in said Registry of :)eeds, For our title see deea r --c 6. Book 2341, Page '61. e April 67 Ermumd 22 as xsimlchwuwmm ijb* 29th on assn E Conte April 29, 7 Essex 05. I-.. W -ay -?P--d ,. ,to— -g'" FRANK CONTE and SUSAN E. CCHTE ell to be th r 0"A Xxxxxgxx-Txx. X 3qt'7 at Ll".3" 93018 Exhibit 7 4J o Ln a� �00 00 u u r"1 ow 0 > 3 0 4J'0 ^c c Wt, WM^ ^ .0 e-). Q M r` 0 N z 66 raa, M1VM1�� M1WM1. �1 VMMl !rhrt v1 M a ■! !1 We, FRANK CONTE and SUSAN E. CONTE of North Andover, Essex County, Massachusetts, 03x in consideration of ONE ($1.00) DOLLAR C*tlttwMWMk "M grant to (Subject to a life estate reserved by said Frank Conte, hereinafter set forth) said SUSAN E. CONTE of 270 Brentwood Circle, North Andover, Essex County, Massachusetts 01845 (9X with quitclaim cabettxntts tkaiwtttAmxx A certain parcel of land, with the buildings thereon, situated in North Andover, Essex County, Massachusetts, on the Southeasterly side of Brentwood Circle and shown as Lot Number 44 on a plan of land drawn by Merrimack Engineering Services, Inc. and recorded in the North District of Essex Registry of Deeds as Plan #7711, to which plan reference is made for a more particular description. For our title see deed dated October 28, 1986, recorded with North Essex Registry of Deeds, Book 2341, Page 161. This conveyance expressly reserves unto the said Frank Conte a life estate in the granted premises, viz,, the exclusive right to control, use, enjoy, and occupy the premises, but not the right to partition. Essex, dile Coo mwttfueaith of A6aaac4usettz ss. Then personally appeared the above named January 30 1995 Exhibit 8 8k 06-1409-:3 P"232 21 01-2015 3 � 1O=46aE MASSACHUSETTS STATE EXCISE TAX Essex North Resistrs Date: 01-06-2015 a 10:46am Ct1T: 10 Dort: 213 Fee: $21316.48 Cons: $508.000.00 DEED I, Susan E. Conte, nka Susan E. Conte -Eaton, a married woman, of Merrimac, Essex County, Massachusetts For consideration paid in the amount of Five Hundred Eight Thousand ($5o8,000.00) Dollars Grant to Kyle Cataldo and Courtney Cataldo, husband and wife, as tenants by the entirety, of 270 Brentwood Circle, North Andover, Essex County, Massachusetts With Quitclaim Covenants A certain parcel of land, with the buildings thereon, situated in North Andover, Essex County, Massachusetts, on the Southeasterly side of Brentwood Circle, and shown as Lot Number 44 on a plan of land drawn by Merrimack Engineering Services, Inc. and recorded in the North District of Essex Registry of Deeds as Plan #7711,i to which plan reference is made for a more particular description. Meaning and intending to convey and hereby conveying the same premises as described in a deed from Frank Conte and Susan E. Conte to Frank Conte for life, remainder to Susan E. Conte, dated January 30th, 1995 and recorded in the Essex North Registry of Deeds at Book 4205 Page 79. The said Frank Conte deceased July 27th, 2014 as evidenced by the recording of a death certificate herewith. The Grantor and her spouse, Tony S. Eaton, release to Grantees all rights of homestead and other interests therein. The Grantors warrant that there are no former spouses nor partners to a domestic union who are entitled to an estate of homestead in the premises. Executed as a sealed instrument this 6th day of January, 2015. Bk 14093 Pg233 #213 COMMONWEALTH OF MASSACHUSETTS Essex, ss. On this 61h day of January, 2oi4, before me, the undersigned notary public, personally appeared Susan E. Conte, nka Susan E. Conte -Eaton, and Tony S. Eaton, proved to me through satisfactory evidence of identification, which were driver's licenses and personal knowledge, to be the persons whose names are signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose, and made oath that the foregoing is true. Notary Pub c — Philip A. P r My Comm' sion Expires: 6 2 -17