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HomeMy WebLinkAboutMiscellaneous - 35 BIXBY AVENUE 4/30/2018TOWN OF NORTH ANDOVER Office of the Building Department Community Development and Services 27 Charles Street. North Andover, Massachusetts 01845 D. Robcrt Nicella, Building Commissioner Daniel J. Brown, Esquire Heritage Commons 11 Middlesex Avenue P.O. Box 426 Wilmington, MA 01887 September 26, 2001 Dear Attorney Brown: Telephone (918) 088-9545 FAX (978) 688-9542 I am writing in response to your request for a determination as to whether the property identified as Assessors map 55 parcel 17 qualifies as a preexisting lot under Mass G. L. Chapter 40A, section 6. I have also reviewed your case synopsis detailing the chain of title indicating that parcel 16 was developed as a single family residential lot in 1950, and that parcel's 16 and 17 came into common ownership in 1980. After review of all the documentation by myself and Town Counsel, it is this departments determination that parcel 17 does not qualify as a preexisting lot under Mass G.L. Chapter 40 A, Section 6. The doctrine of merger applies to the two lots. See Preston v. Board of Appeals of Hull, 51 Mass. App. Ct. 236 (2001) which is a recent appellate decision which you did not cite in your case synopsis and certification of chains of title. Respectfully; Michael McGuire Local Building Inspector Michael McGuire, Local Building Inspector James Decola, Electrical Inspector James Diozzi, Gas/Plumbing Inspector Planting Departmait 688-9535 Conservation Department 688-9530 Health Deportment 688-9540 Zoning Board of Appeals 688-9541 TOWN OF NORTH ANDOVER Office of the Building Department Community Development. and. Services 27 Charles Street. North Andowr, Massaebusetts 01845 D. Robco. Nicetta, Building Commissioner Daniel J. Brown, Esquire Heritage Commons 11 Middlesex Avenue P.O. Box 426 Wilmington, MA 01887 September 26, 2001 Dear Attorney Brown: 6\ �0 FAX (978j OU -9542 I am writing in response to your request for a determination as to whether the property identified as Assessors map 55 parcel 17 qualifies as a preexisting lot under Mass G. L. Chapter 40A, section 6. I have also reviewed your case synopsis detailing the chain of title indicating that parcel 16 was developed as a single family residential lot in 1950, and that parcel's 16 and 17 came into common ownership in 1980. After review of all the documentation by myself and Town Counsel, it is this departments determination that parcel 17 does not qualify as a preexisting lot under Mass G.L. Chapter 40 A, Section 6. The doctrine of merger applies to the two lots. See Preston v. Board of Appeals of Hull, 51 Mass, App. Ct. 236 (2001) which is a recent appellate decision which you did not cite in your case synopsis and certification of chains of title. Respectfully; Michael McGuire Local Building Inspector Michael McGuire, Local Building Inspector James Decola, Electrical Inspector James Diozzi, Gas/plumbing Inspector Planning Dcpartmcnt 688-9535 Cons-vation Department 688-9530 Health Dcpartmait 688-9540 7,onutg Board of Appeals 688-9541 .-�--�6� Y -e lrJ ri deed' �� 7/2 It. SEP.25.2001 4:24PM UREBLIS FIELDSTEEL N0.770 P. 1 September 25, 2001 Daniel J. Brown, Fsquire Heritage Commons I 1 Middlesex Avenue P.O. Box 426 Wihnn9ton, MA 01887 Dear Mr. Brown: I am whiting in response to your. request for a Bete identified as rminatio Parcel 17 on Assessors Map 55 qualifies as a alot under whether the property Chapter 40A, Section 6. p Mass. G.L. I have also reviewed your Case SYnopsis detailing the chain of title indicating 16 was developed as a single family residential lot in 1950 into common ownership , and that panel in 1980. 17 and Parcel 16 came It is my determination that Parcel 17 does not ual' G.L. Chapter 40A, Section 6. The doctrine of merger applie o the two lot under Board of A eals of Hull, 51s. Mass' which You did not cite ' ' Case S App.Ct. 236 (2001) which is a recent a See Pres --=n v Synopsis and Certification of Ch PPtl . decision Chains of Title. Ven' truly Yours, D. Robert Nicetta Building Inspector © Azze r.1wp51 \rrOrklria�0ovalmiscWrown,ludoe 3 3 9Date./�=.- G .... ... TOWN OF NORTH ANDOVER PERMIT FOR GAS INSTALLATION This certifies that .- c`. `. ... In has permission for gas installation ... )) 1 . ' l t .............. rr--, in the buildings of . . ... ...................... . at ;... f./. !................ . North Andover, Mass. Fee. U. Lic. No... ...! ...... ....... . 1GAS INSPECTOR WHITE: Applicant CANARY: Building Dept. PINK: Treasurer MASSACHUSETTS UNIFORM APPLICATON FOR PERMIT ,`TO ODO jkTypeor print) Dat i NORTH ANDOVER, MASSACHUSETTS 3uildine Locations Owner's Name v "qeW ❑ Renovation ❑ Replacement Plans Submitted ❑ �, M ?71n1 or rype) Check one: Cerufic; a Installing Company ame Andover Plb4. & Ht4. Co.. Inc. Corp. 9197 �dr�ss 20 Agean Dr., Unit -10 ❑ Partner. Methuen. Ma. 01844 3usiness Telephone (978) 685-8383 ❑ Firm/Co '•:ame of Licensed Plumber or Gas Fitter i ti S U R.•\ iV C E COVERAGE Check one - have a current liability Insurance policy or it's substantial equivalent. Yes No❑ t .:ou have checked ves, please vidicate the type coverage by checking the appropriate box. insurance policy Other type of indemniry ❑ Bond ❑ (Jwner's Insurance Waiver. I am aware that the licensee does not have the Insurance coverage required by Chapter 142 of the %Mass, General Laws, and that my signature on this permit application waives this requirement. Check one: 5ignarure of Owner or Owner's Agent Owner ❑ Agent nerehv certify that all ofthe details and information 1 have submitted (or entered) in above application an Jr my knowledge and that all plumbing work and installations performed under Permit Issued for this. omciiance with all pertinent provisions of the Massachusetts State GasOode and Chappr JA31, of the Gent BV. TI(le C :Iry;TJwn �PPRO'v•ED (oFi:)CF. USE I)NI.Y) ,��Ignature of I ✓1 Plumber . H Fitter tfer ❑ Joumeyman sed Plumber Or Gas Fitter" 9983 tcertse I umoer accurate to the. )n will be in tt C N w Z •( z Z PgY C . e t; -� z -i =:. Z +� it r ^ UA E.N1 ENr I r. FO U R N L. (LOUR R, F L U O R T, f FLUOR 5 1 I 11' 1. O O R 6T11 FLUU R ,�'i,� T 11 F L U O R o, sTII. FLOOR .,.4El ?71n1 or rype) Check one: Cerufic; a Installing Company ame Andover Plb4. & Ht4. Co.. Inc. Corp. 9197 �dr�ss 20 Agean Dr., Unit -10 ❑ Partner. Methuen. Ma. 01844 3usiness Telephone (978) 685-8383 ❑ Firm/Co '•:ame of Licensed Plumber or Gas Fitter i ti S U R.•\ iV C E COVERAGE Check one - have a current liability Insurance policy or it's substantial equivalent. Yes No❑ t .:ou have checked ves, please vidicate the type coverage by checking the appropriate box. insurance policy Other type of indemniry ❑ Bond ❑ (Jwner's Insurance Waiver. I am aware that the licensee does not have the Insurance coverage required by Chapter 142 of the %Mass, General Laws, and that my signature on this permit application waives this requirement. Check one: 5ignarure of Owner or Owner's Agent Owner ❑ Agent nerehv certify that all ofthe details and information 1 have submitted (or entered) in above application an Jr my knowledge and that all plumbing work and installations performed under Permit Issued for this. omciiance with all pertinent provisions of the Massachusetts State GasOode and Chappr JA31, of the Gent BV. TI(le C :Iry;TJwn �PPRO'v•ED (oFi:)CF. USE I)NI.Y) ,��Ignature of I ✓1 Plumber . H Fitter tfer ❑ Joumeyman sed Plumber Or Gas Fitter" 9983 tcertse I umoer accurate to the. )n will be in J 3 �7 - r1 4 ! 3 Date ..................... •4 L NORTH TOWN OF NORTH ANDOVER Fjpy` «io ,s1ti pp PERMIT FOR GAS INSTALLATION I This certifies that ... ......... ........... ... .. . - permission for gas installation ... -^ .: ...... in.the buildings of ... .......* ............................... . at �xs:... ff ✓ .......... North Andover, Mass. Fee: a... Lic. ...... ........ �6 f 31 -GAS INSPt &C O WHITE: Applicant CANARY: Building Dept. PINK: Treasurer MASSACHUSE1�TS UNIFORM APPLICATION FOR PERMIT TO DO GASFiTTiNG (Print or Type\) O�V l�) f Iryj�JVQ� . Mass. mate Z 10CVV Permit Building Location 3 �htn S 7 owners NameA r -I -G S 0 9— /\J, /U, ( N b J V zv fA/!A I .\ Type of Occupancy I T)CN 71 P New ❑ Renovation ❑ Replacement Pians CIA milted: Yes❑ Mn ❑ Installing Company Name '► (-,AE g T A . `Am MA T A i20 Address 3LCapra c N,h,a,v �� MENUErJ M rI . 01 k� y Business Aame of Licensed Plumber or Gas Fitter ' -T Check one: ❑ Corporation ❑ Partnership firm/Co. Certificate �,�ISURANCE COVERAGE: :I have a current Iy'�bility Insurance policy or Its substantial equivalent which meets the requirements of MGL Ch. 142. Yes ted' No ❑ If you have checked Les, please indicate the type coverage by checking the appropriate box A liability insurance policy Other type of indemnity ❑ Bond ❑ OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the Insurance coverage required by Chapter 142 of the Mass. General Laws, and that my signature on this permit application waives this requirement. Check one: S+gnature of Owner or Owner's Agent Owner❑ Agent El I hereby certify that all of the details and information I have submitted (or entered) in above application are true and a= rate to the best of my knowledge and that all plumbing work and installations performed under the pe ed for this application be in compliance with all pertinent provisions of the Massachusetts State Gas Code and Chapter 142 of ne Laws. BY T%2er f License: VA mber n ure of cen u _. or titer Title tter License Number 8333iurneyman IIEN Installing Company Name '► (-,AE g T A . `Am MA T A i20 Address 3LCapra c N,h,a,v �� MENUErJ M rI . 01 k� y Business Aame of Licensed Plumber or Gas Fitter ' -T Check one: ❑ Corporation ❑ Partnership firm/Co. Certificate �,�ISURANCE COVERAGE: :I have a current Iy'�bility Insurance policy or Its substantial equivalent which meets the requirements of MGL Ch. 142. Yes ted' No ❑ If you have checked Les, please indicate the type coverage by checking the appropriate box A liability insurance policy Other type of indemnity ❑ Bond ❑ OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the Insurance coverage required by Chapter 142 of the Mass. General Laws, and that my signature on this permit application waives this requirement. Check one: S+gnature of Owner or Owner's Agent Owner❑ Agent El I hereby certify that all of the details and information I have submitted (or entered) in above application are true and a= rate to the best of my knowledge and that all plumbing work and installations performed under the pe ed for this application be in compliance with all pertinent provisions of the Massachusetts State Gas Code and Chapter 142 of ne Laws. BY T%2er f License: VA mber n ure of cen u _. or titer Title tter License Number 8333iurneyman 31- .j J Z O W N W LL AL O O W 3 c W in Z_ H W -- N Q O O O H F O � Z a Z O ¢ J O a O m Z U. o 0 ~ � W � a V } J � a .d a dIX W oil ul AAJ z LL IASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO DO GASFITTING (Print or Type) N • /�C�6`�Q �� , Mass. Date Cl 19f -L Permit #O j' 2 - Building Building LocationI ?C �, Y � (/- Owner's Name�Cc�-`� D11 j o Type of Occupancy__ Fr�V6_A New ❑ Renovation ❑ Replacement Plans Submitted: Yes❑ No ❑ i Installing Company Name_ (� P r- , P Address Business Telephone / WC0 -,� P.--377 3 Name of Licensed Plumber or Gas Fitter heck one: Corporation ❑ Partnership ❑ Firm/Co. Certificate INSURANCE COVERAGE: have a currenpability insurance policy or its substantial equivalent which meets the requirements of MGL Ch. 142. Yes El No ❑ If you have checked ves, pleas Indicate the type coverage by checking the appropriate box. A liability Insurance policy 7 Other e of type indemnity ❑ Bond ❑ OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the insurance coverage required by Chapter 142 of the Mass. General Laws, and that my signature on this permit application waives this requirement. Check one: Signature of Owner or Owner's Agent Owner❑ Agent ❑ I hereby certify that all of the details and information I have submitted (or entered) in above application are true and accurate to the best of my knowledge and that all plumbing work and installations performed under the permit issued for this application will be in compliance with all pertinent provisions of the Massachusetts State Gas Code and Chapter 142 of the General Laws. T of License: ' Title IAN I lr, Plumber Signatur f u nse Plu • r r Gas Fitter Gasfitter City/Town Master License Number APP OF I —oVL Journeyman - N N N Y V W 2 WCC � N N W W N ct Q 0 0 v F - ~ x z 0 � a m _ a 1- w H. 9L d� z N C C7 FW- = J H X W W O O. > LL H U J W Y Q _W _ Q C �' !- N m' 2 i O x _W _iO N W O t7 1 W a 3 D C� J t3 C �' D d N O SUB—BSMT. BASEMENT i 7 STFLOOR 2UD FLOOR 3RD FLOOR 4TH FLOOR STH FLOOR 6TH FLOOR 7TK. FLOOR ITI8TH'FLOOR i Installing Company Name_ (� P r- , P Address Business Telephone / WC0 -,� P.--377 3 Name of Licensed Plumber or Gas Fitter heck one: Corporation ❑ Partnership ❑ Firm/Co. Certificate INSURANCE COVERAGE: have a currenpability insurance policy or its substantial equivalent which meets the requirements of MGL Ch. 142. Yes El No ❑ If you have checked ves, pleas Indicate the type coverage by checking the appropriate box. A liability Insurance policy 7 Other e of type indemnity ❑ Bond ❑ OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the insurance coverage required by Chapter 142 of the Mass. General Laws, and that my signature on this permit application waives this requirement. Check one: Signature of Owner or Owner's Agent Owner❑ Agent ❑ I hereby certify that all of the details and information I have submitted (or entered) in above application are true and accurate to the best of my knowledge and that all plumbing work and installations performed under the permit issued for this application will be in compliance with all pertinent provisions of the Massachusetts State Gas Code and Chapter 142 of the General Laws. T of License: ' Title IAN I lr, Plumber Signatur f u nse Plu • r r Gas Fitter Gasfitter City/Town Master License Number APP OF I —oVL Journeyman - i 3 o • -ai m 7D D a z a .? -a . OI 16 N 0 I i O • O �. D � � a .? z 16 N Zr ' m A. -1 i z D r z N Zr ' m A. -1 O' 2 1 N m -1 A m N m m M r N I •C ` 1 N 1 Z } - ' I i o 0 m N N N V m A O Z �4 'TO 2052 r ,- Date. /-/ f gl........... A H Q TOWN OF NORTH ANDOVER PERMIT FOR GAS INSTALLATION ui This certifies that ..%Y/Aif/,.,,.?¢,H,,,,,,,,,,,,, ,, 00 has permission for gas installation ..:�! xc II ................ 0 in the buildings of ..X11. . ........ . . . .. . . . at... s :..3. �.b y A e . , , . , , Noh Andover, Mass. Fee. 45,: ... Lic. No. /.UUS `f.. ..c -p' ...... . AS—INSPECTOR WHITE: Applicant CANARY: Building Dept. PINK: Treasurer GOLD: File Location-7z�--'-�1 No. �/ Date TOWN OF NORTH ANDOVER Check # r 7 /� Building Inspector` Certificate of Occupancy $ ��SSAC/1usEtA Building/Frame Permit Fee $ Foundation Permit Fee $ Other Permit Fee i $ TOTAL $ Check # r 7 /� Building Inspector` ►�J k% z M 00 0- M z G) TOWN OF NORTH ANDOVER BUILDING DEPARTMENT APPLICATION TO CONSTRUCT REPAIR, RENOVAT& OR DEMOLISH A ONE OR TWO FAMILY DWELLING r BUILDING PERMIT NUMBER: DATE ISSUED: a l/2 `6 SIGNATURE: Building Commissioner/InEe2qor of Buildings Date L5 -d3—" v SECTION 1- SITE INFORMATION 1.1 Property Address: 1.2 Assessors Map and Parcel Number: Ss , /ll i ��ll �lLi�/✓ Map Number Parcel Number 1.3 Zoning Information: 1.4 Property Dimensions: 5! 902- Zonmg District Pr os e Lot Area Frontage ft 1.6 BUILDING SETBACKS ft Front Yard Side Yard Rear Yard Required Provide Required Provided Required Provided 1.7 Water Supply M.GL.C.40. 54) 1.5. Flood Zone Information: 1.8 Sewerage Disposal System: Public ❑ Private ❑ `-- Zone Outside Flood Zone ❑ Municipal ❑ On Site Disposal System ❑ SECTION 2 - PROPERTY OWNERSHIP/AUTHORIZED AGENT 2.1 Owner of Record ,C = !'�• �SSa GfGc.�e-C' .1 r� C = ,S �'�%ia�n/%P-n�� zQ !� - x`02-®�9 Name (Print) Address Service /for Sig afore T hone ��•� �� 9 y G5� - 6� /6 2.2 Ovuner of Record: Name Print Address for Service: Signature Telephone SECTION 3 - CONSTRUCTION SERVICES 3.1 Licensed Construction Supervisor: Not Applicable ❑ lS JY/J Licensed Construction Supervisor: License Number 3 % L�I�TiY7S' ��� OI Ba Address r _ �-n 97N rSS^E� — 6 % �/� Expiration Date ature Telephone 3.2 Registered Home Improvement Contractor Not Applicable ❑ s - 7 Q Company Name Registration Number Address oi— Expiration Date Signature Telephone ►�J k% z M 00 0- M z G) SECTION 4 - WORKERS COMPENSATION (M.G.L. C 152 § 25c(6) Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the issuance of the building permit. Signed affidavit Attached Yes .......JW No ....... ❑ SECTION 5 Description of Proposed Work check au applicable) New Construction ❑ Existing Building Repair(s) Alterations(s) ❑ Addition ❑ Accessory Bldg. ❑ Demolition ❑ Other ❑ Specify \ 3 A { ` t A S01. i t' Brief Description of Proposed Work: 272,S // zj.--w p� /11 a ir, gar LUor.� �,- c�oscc� SECTION 6 - ESTIMATED CONSTRUCTION COSTS Item Estimated Cost (Dollar) to be Completed by permit applicant ,.OFFICULUSE ONTLY ; ' 1. Building (a) Building Permit Fee Multiplier 2 Electrical (b) Estimated Total Cost of Construction G� yj 3 Plumbing Building Permit fee (a) X (b) 4 Mechanical HVAC 5 Fire Protection 6 Total 1+2+3+4+5 Check Number SECTION 7a OWNER AUTHORIZATION TO BE COMPLETED WHEN OWNERS AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT I, as Owner/Authorized Agent of subject property Hereby authorize to act on My behalf, in all matters relative to work authorized by this building permit application. Signature of Owner Date SECTION 7b OWNERR//AUTHORIZEDAGENT DECLARATION a Owner/ uthorized Agent of subject property � Hereby declare that the statements and information on the foregoing application are true and accurate, to the best of my knowledge and belief Print N ne nature of Owner/A 4ent Date NO. OF STORIES SIZE BASEMENT OR SLAB SIZE OF FLOOR TPVfBERS iST2 ND3 FD SPAN DIMENSIONS OF SILLS DIMENSIONS OF POSTS DIMENSIONS OF GIRDERS HEIGHT OF FOUNDATION THICKNESS SIZE OF FOOTING X MATERIAL OF CHIMNEY IS BUILDING ON SOLID OR FILLED LAND IS BUILDING CONNECTED TO NATURAL GAS LINE The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations Boston, Mass. 02111 Workers' Compensation Insurance Affidavit Please Print Name: �- . 'Pr , /��S c��- y ---v �- S m t N C_, Location: '5 M \'t 1'�- U—� S SC } � . 1 S Vl V1 ti 't City '" 1 L- vh IZ� 0-� r -N oA `�A Phone 7 am a homeowner performing all work myself. I am a sole proprietor and have no one working in any capacity aI am an employer providing, workers' compensation for my employees working on this job. Company name- ,c -i Y-�T € S , 3 Address City �(� �-Y�. ,moi o,� Phone #: Insurance Co. Q,o ' Policy # Company name: Address City_ Phone #: `Insurance Co Policy # Failure to secure coverage as required under Section 25A or MGL 152 can lead to the imposition of criminal penalties of a fine up to $1,500.00 and/or one years' imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine of ($100.00) a day against me. 1 understand that a copy of this statement may be forwarded to the Office of Investigations of the DIA for coverage verification. I do herby certify under the pains and penalties of pedury that the information provided above is true and correct. SignatureQJCJ1��� 1 Date �5 1 "-(b/ Print name 73N-A,JrAo� `' A, Phone # 9 Official use only do not write in this area to be completed by city or town official' ❑ Building Dept []Check if immediate response is required Building Dept ❑ Licensing Board ❑ Selectman's Office Contact person: Phone #. ❑ Health Department ❑ Other FORM WORKMAN'S COMPENSATION 1. )IG.,RWOLA'- ONS nON SUPERVISOR 83206 Th no: 19832 Admin6tator 9 0 6 rA cd F o m c O o C O C yr O vV CL c co ev ® c 0 Cc CD N :Ea • L CE D O O. SE Dm cm ® C N R :mm L O N cm • m ._ R 'D N R E �. W o CL ' m ; � cm p �� a O COS C2 �y O � '� Z ' � c � o { o. = O CD CL p o. H O p H +�' m ON CO) C ZZ -02 LL O% H .y �1 w ca -.— 'i c oc 'E as .v v • m amps COO d m.5 O-0 Coll _ {p E h .= so.0m CD F. z 0 w w a O a z 0 U uCf) W J co O co O O D CO) y .E. 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Robert Nicetta, Building Commissioner Town Assessor Office 120 Main Street North Andover Ma 01845 Re: 35 Bixby Avenue TOWN OF NORTH ANDOVER OFFICE OF BUILDING DEPARTMENT 27 Charles Street North Andover, Massachusetts 01845 Telephone (978) 688-95454 Fax (978)688-9542 August 31, 2004 Please be advised that the property at 35 Bixby Ave on map 055 parcel 117 with 7,157 s.f is an additional lot to the house on map 055 parcel 116 which has 4,673 s.f. The lot on parcel 117 does not meet the requirements for the R-4 Zoning area which requires 12,500 s.f as a builder able lot. 401fm 1 i 11 '/4r ;- Michael McGuire Building Department Cc: Ann M Distosio BOARD OF APPEALS 688-9541 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 A C 0 �l ww 00 00 nn wo D m d 0 C CL CD T N n O 0D Z *O-ZI N >MW mxm mn=MM-- F;r 71 - x CA a -DOG)-<m Oo�m -Ic>c oOn�v v �,�� a) a x N (D 0 7 S n m � 3 0D Z *O-ZI N >MW mxm mn=MM-- F;r 71 - x CA a -DOG)-<m Oo�m -Ic>c oOn�v gleam,- am -n T>> CL 0 c c m m Dm D• n m � °'• m 07 ni 0 100 me D D o w rn O N OD 0 0 rn=xo o x0 0M 0DD fnfnar- DZ a w3 c`0 .: .. d N fC N Nom.. cm @ ^, • m CD � m G OODD -+ --4 N j OOD C. 0 O CT Z 02 c_ 0 100 me M :.. mCD N CA N ,) = My m G Coz �_� ;=Cn w -vO �X G) s> o- ;o m m --I co c D(no o Oz m y� CLO o 3 C i C)D o� z o. 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UI O M*Too o ZD G)Oa�ni .o�avd ^' 71 O no,a� -nom -nom Z O �B o =C m 01 � > o m d m m d °' - -1 Z �.. r O =oo'rn 000 CNWaD� 3oyo-" o o mm�o<ia 03m CL d V C N O fD ('ll X Nom.. c N 'CO r7S i Mn 4yi f�D 2� 0 7 aac aD a a r W�fDmp CD fffdDDD _ N R (D N 61 L 0 J � cr fn Zco CD C Q v 00 05RwM )cnwww Mv MC3y0@mmmm 'U I11 :3 ^ 16 v o < y D �m co it, W oo m co, \..o. o m 0 r y = Nm cn [ r OI v v 5 Z v �W? ° ,° � � CO) �o g ° cn WC 2 0 C4 Ul .900n ;V ..n3 -uoo m m g O a X Dy0 RZ aO N m .3 z C c) y m R-4 z nZ w y_N aE CA �O@� `°m •• a 0 CD n d �' o n A 4 ,-� V /�) vv 9—�3 1`�r 0l IC& r— co „ter s� ;/- _IQ cp 0c(JU� /�J(/ OF y�rLI)�w 1/4a CD a CD J CD' CD CA UQ CCD CD a S 0 (IQ 0 �..� � C G CD C ►fi � ►.• CD CD bQ n A ..s DANIEL J. BROWN' ATTORNEYAT LAW HERITAGE COMMONS 11 MIDDLESEX AVENUE P.O. Box 426 WILMINGTON, MA 01887 ADMITTED NH BAR June 6, 2001 Building Inspector Town Hall North Andover, MA 01810 RE: Map 55, Parcel 17 Bixby Avenue Owner: Robert M. Gilbert Request for Zoning Interpretation Dear Sir: TEL: (508) 657-6520 FAX: (508) 988-0040 This is a follow up to our phone conversation of last week wherein you requested I provide you with an abbreviated version of my request for a zoning opinion relevant to the above referenced property. I have reviewed my Case Synopsis & Certification of Chains of Title previously submitted and believe that your review of same would provide sufficient information upon which you could render your decision. All of the other documents submitted with said Synopsis are merely supportive documents which had been provided with the intention of making your review easier not more difficult. If meeting with me would facilitate your review then I am at your disposal. Thank you for your attention to this matter. S* yours, I r Daniel J. Bro n •i TOWN OF NORTH ANDOVER MASSACHUSETTS OFFICE OF BUILDING INSPECTOR Applicant: L. A. Associates, Inc. Request for Pre-existing Lot Zoning Interpretation 35 Bixby Avenue Map 55, Parcel 17 Lots 7 & 8 on Registry Plan 0408 Book 248, Page 600 CASE SYNOPSIS & CERTIFICATION OF CHAINS OF TITLE The subject premises is identified as Parcel 17 as shown on North Andover Assessor's Map 55 and is further identified as Lots 7 & 8, on a subdivision plan entitled: "Plan of Land belonging to Alonso Bixby, North Andover, MA" prepared by Horace Hale Smith, Civil Engineer, dated May, 1906 and recorded with the Essex North Registry of Deeds as Plan No. 0408 at Book 248 Page 600. See copy of plan enclosed with original filing of request for zoning opinion.. The subject premises, Parcel 17 (Lots 7 & 8), was conveyed by Peter Baginski to Leonard Firth, by deed dated December 6, 1941 and recorded with the Essex North Registry of Deeds at Book 647 Page 441. On the date said property was acquired by the said Leonard Firth, a zoning by-law had not yet been adopted by the Town of North Andover. Subsequently, on September 20, 1943, a Zoning By -Law was adopted by the Town of North Andover at a Special Town Meeting. On said date Lots 7 & 8 were held in common ownership and therefore, pursuant to the newly adopted Zoning By -Law, were merged into one lot (now Parcel 17) for zoning purposes. Said merged lot comprised a lot containing 7,157 square feet of area and 90.44 feet of frontage. Notwithstanding said merger, said Lot (Parcel 17) still did not meet the dimensional requirements of the newly adopted zoning by-law. However, said Lot (Parcel 17) was, prior to the effective date of said By -Law, lawfully laid out and shown on a plan dated May 1906 duly recorded with the Essex North Registry of Deeds as Plan No 0408 at Book 248, Page 600. In 1943 when the Zoning By -Law was adopted, said Lot (Parcel 17) did not then adjoin other land of the same owner, vacant and available (emphasis added), for .a combination with or use in connection with the development of said Lot (7 & 8). Therefore, said Parcel 17 acquired the status of an exempt, pre-existing, grandfathered lot not subject to the dimensional requirements of the newly adopted Zoning By -Law. See Chain of Title for all relevant parcels establishing separate ownership filed with original request for zoning opinion. The adjoining Lot 9 & Pt 10 (Parcel 16) also shown on Plan No. 0408 was conveyed by Dennis J. Costello to Henry Knowlton and Margaret J. Knowlton by deed dated April 14, 1919 and recorded with the Essex North Registry of Deeds at Book 397 Page 432. Title to said property was still held by the Knowlton's on September 20, 1943 when the Zoning By -Law was adopted by the Town of North Andover. On said date, the Knowlton's did not hold title to Parcel 17. Therefore, said Parcel 16 acquired the status of an exempt, pre-existing, grandfathered Lot not subject to the dimensional requirements of the newly adopted Zoning By -Law. See Chain of Title for all relevant parcels establishing separate ownership filed with original request for zoning opinion. The Knowlton's thereafter conveyed said property to George Fielding by deed dated August 10, 1945 and recorded with the Essex North Registry of Deeds at Book 675 Page 396. On August 10, 1945, title to Parcel 16 (Lot 9 & Pt 10) stood in the name of George Fielding, individually (Book 675 Page 396) and title to Parcel 17 (Lots 7 & 8) stood in the names of George H. Fielding and Gladys A. Fielding as husband and wife (Book 675 Page 395) and thus, despite the apparent commonality of ownership, said Parcels were, as defined by law, nevertheless separately owned. Whereas, both Parcels were separately owned and described on separate deeds at the time of the adoption of the 1943 Zoning By -Law each Parcel acquired and has retained the status of a pre-existing, grandfathered, non -conforming lots. In 1956 the Town of North Andover adopted an amendment to its Zoning By -Law increasing the dimensional requirements for lot development. However, said amendment did not affect the status of Parcels 16 and 17 as pre- existing, grandfathered, non -conforming lots. This is due to the fact that Parcel 16 had been previously developed in 1950 with a single family residence while Parcel 17 remained undeveloped. Furthermore, said Parcel 16 and Parcel 17 still remained separate under law despite the apparent commonality of ownership. Particular reference is made to Carciofi v. Board of Appeals of Billerica, 22 Mass. App. Ct. 926, (1986) wherein the Court noted "that even if separate lots .J came into common ownership at a later date, the lots would still be protected if they had been separately owned at the time of the zoning change"(being the 1943 Zoning By -Law and the 1956 Zoning Amendment). Carciofi deals with the identical situation of a husband owing one lot with the husband and his wife owning an adjoining lot. NOTE: By the deed dated June 2, 1980, Parcel 16 and 17 came into a true common ownership. However, Parcel 16 had previously been developed in 1950 with the construction of a single family dwelling. Parcel 17 has remained an undeveloped pre-existing grandfathered Lot not adjoining other land of the same owner, vacant and available (emphasis added), for combination with or use in connection with said Lot. Reference is made to Willard v. Board of Appeals of Orleans, 25 Mass. App. Ct. 15, 18 (1987), in which the appeals court noted that "there is nothing on the face of the fourth paragraph (of M. G. L. ch 40 A, s.6) to suggest that it was intended to apply to anything but vacant land (emphasis added)." This conclusion is entirely consistent with the legislative history of the provision, including the DCA Report which states that the predecessor version of this provision in the old Zoning Enabling Act was addressed to "undeveloped lots" and lots on which construction has not yet commenced." The title search of Parcel 17, the subject premises (Lots 7 & 8) discloses no subdivision or conveyance of any portion of said property since it was was conveyed by Peter Baginski to Leonard Firth, by deed dated December 6, 1941 Said title search further confirms that the subject premises, Parcel 17, has remained separate and apart as an undeveloped lot from all adjoining land as adjoining land is defined by statute and case law. The key fact to focus on in this instance is the status of both parcels in 1943 when the zoning by-law was adopted. In 1943 Parcel 16 and Parcel 17 were separately owned and, as undeveloped lots, each met the requirements for qualification as a pre-existing grandfathered lot. See Massachusetts General Laws Chapter 40A Section 6, the fourth paragraph of which provides in part:. �s "Any increase in area, frontage, width, yard and depth requirements of a zoning ordinance or by-law shall not apply to a lot (here being Lots 7 & 8 or Parcel 17) for . . residential use which at the time of recording or endorsement [meaning lot creation or in this case being the deed from Peter Baginski to Leonard Firth, dated December 6, 1941 ] was not held in common ownership with any adjoining land [and] conformed to then existing requirements." It is also necessary to consider the effect on each Parcel of the 1956 amendment to the Zoning By -Law which increased the dimensional requirements for lot development. In 1950 a single family home was constructed on Parcel 16. Therefore, where as said Parcel had been developed prior to the 1956 Zoning By -Law amendment it retained its status as a pre-existing non -conforming lot now having a non -conforming structure whereas, Parcel 17 continued to retain its status as a pre-existing non -conforming grandfathered lot. Reference is made to the fourth paragraph of General Laws Chapter 40A Section 6 which applies to undeveloped or vacant land only. In other words, the restriction against owning adjacent land in common ownership applies to undeveloped adjacent land (in this case Lots 7 & 8 or Parcel 17) and not to land that has already been developed (in this case Lots 9 & 10 or Parcel 16). Land previously and lawfully developed with structures is addressed in the first paragraph of M. G. L. ch 40 A, s.6. Therefor, on the date of the Zoning By -Law Amendment, Lots 7 & 8 were held separate and apart from all adjoining land of the same owner, vacant and available (emphasis added) which could be merged with it (Lots 9 & 10 already having been developed) to comply with the newly enacted amendment to the Zoning By -Law. Reference is made to page (198) from the Handbook of Massachusetts Land Use and Planning Law, Mark Bobrowski, (1993) which cites Willard v. Board of Appeals of Orleans, 25 Mass. App. Ct. 15, 18 (1987) as a case that discusses this very point. "In Willard the appeals court noted that "there is nothing on the face of the fourth paragraph to suggest that it was intended to apply to anything but vacant land." This conclusion is entirely consistent with the legislative history of the provision, including the DCA Report which states that the predecessor version of this C provision in the old Zoning Enabling Act was addressed to "undeveloped lots" and lots on which construction has not yet commenced." Reference is made to the chain of title for the subject premises (Parcel 17) as well as to all adjoining parcels dating back to 1943 filed with original request for zoning opinion. True, Daniel J. Brown, DANIEL J. BROWN ATTORNEY AT LAW HERITAGE COMMONS 11 MIDDLESEX AVENUE P.O. sox 426 WILMINGTON, MA 01887 ADMITTED NH BAR May 7, 2001 Building Inspector Town Hall North Andover, MA 01810 RE: Map 55, Parcel 17 Bixby Avenue Owner: Robert M. Gilbert Request for Zoning Interpretation Dear Sir: TEL: (508) 657-6520 FAX: (508) 988-0040 Please be informed that I have been requested by L. A. Associates, Inc. on behalf of Robert M. Gilbert to make a request pursuant to M.G.L. ch. 40A, § 7 for your determination as to whether the property identified as Parcel 17 on Assessor's Map 55, qualifies as a pre-existing lot under M.G.L. c. 40A s.6. Appended hereto is a Case Synopsis detailing the chain of title as well as that of abutting parcels. I appreciate your consideration of this matter, and would ask that you render your decision within the fourteen days stipulated in M.G.L. ch. 40A, § 7. If you feel it would be helpful or productive to meet to further review this matter, please let me know. Enclosures 0] DRr AY 10 2001 BUILDING DEPT. DANIEL J. BROWN ATTORNEYAT LAW HERITAGE COMMONS 11 MIDDLESEX AVENUE P.O. Box 426 WILMINGTON, MA 01887 ADMITTED NH BAR July 13, 2001 Building Inspector Town Hall North Andover, MA 01845 RE: Map 55 Parcel 17 Bixby Avenue Owner: Robert M. Gilbert Dear Sir: TEL: (508) 657-6520 FAX: (508) 988-0040 As I understand it, your review of my title opinion for Parcel 17, leaves you to conclude that whereas Parcel 17 came into common ownership with Parcel 16 in 1980 any grandfathering protection for Parcel 17 has been lost. I would ask that you make a further review of this matter as I firmly believe that a review of your Zoning By -Law and the relevant statutory and case law supports the contention that Parcel 17 is in fact a pre-existing and grandfathered lot. As recited in my original Case Synopsis, zoning was adopted by the Town of North Andover in 1943. At that time both Parcel 16 and Parcel 17 were held in separate ownership from all adjoining land. They therefore each acquired the status of pre-existing, non -conforming grandfathered lots. There was an amendment to the zoning by -Law in 1956. At that time not only were both Parcel 16 and 17 held in separate ownership, but assessment records indicate that in 1950 Parcel 16 had been developed as a single family residential lot. Therefore, in 1956 Parcel 16 acquired the status of a developed pre-existing non -conforming lot with a non -conforming structure. Parcel 17 retained its status as a pre-existing, non -conforming but grandfathered lot. Section 6.61 of the 1956 Zoning By -Law (Lot Area and Lot Width Exceptions) reads as follows: i "The lot area and width requirements of paragraph 6.3 shall not apply in any Residence Districts to any lot therein containing less area or having less width than above required if such lot was lawfully laid out and duly recorded by plan or deed prior to the effective date of such otherwise applicable requirements and if such lot be not adjoined by other land of the same owner vacant and available for combination [emphasis added] with or use in connection with such lot, provided that the front yard, side yard, and rear yard requirements, if any, in effect on the date of recording of such plan or deed shall apply to each such lot." Given that Parcel 16 had been developed in 1950 it certainly becomes a conclusive fact that Parcel 16 was no longer vacant and available for combination with any other adjoining parcel. Reference is also made to Section 7.8 (Exceptions) of the current Zoning By -Law which reads essentially the same as Section 6.61 of the 1956 Zoning By -Law, as follows: "The residential lot areas and frontages above required and listed in table 2 shall not apply in any residence district to any lot of less area or less frontage than above required if such lot be not adjoined by other land of the same owner, available for combination with [emphasis added] or use in connection with such lot [emphasis added]...." Parcel 16 which had been developed in 1950 as a single family residence can not be considered as land available for combination with [emphasis added] the proposed development of the vacant Parcel 17. I again make reference to the case of Willard v. Board of Appeals of Orleans, 25 Mass. App. Ct. 15,18 (1987) a copy of which was appended to my Case Synopsis. In said case the Appeals Court noted that "there is nothing on the face of the fourth paragraph (of M. G. L. ch 40 A, s.6) to suggest that it was intended to apply to anything but vacant land [emphasis added]. This conclusion is entirely consistent with the legislative history of the provision, including the DCA Report which states that the predecessor version of this provision in the Old Zoning Enabling Act was addressed to "undeveloped lots" and lots on which construction has not yet commenced." It is worth noting that although the Court in Carciofi v. Board of Appeals of Billerica, 22 Mass. App. Ct. 926, (1986) held that even if separate lots came into common ownership at a later date, the lots would still be protected if they had been separately owned at the time of the zoning change, the North Andover Zoning By-law would, if both Parcel 16 and 17 were vacant land, require said lots be combined for development. However, that is not the case here as Parcel 16 is not a vacant lot available for combination or use in the development or construction of Parcel 17. Kindly take a second look at this matter. If you feel a meeting to discuss this matter would be helpful please do not hesitate to call me. Thank you for your consideration in this matter. iZJ.Brown Da DANIEL J. BROWN ATTORNEYAT LAW HERITAGE COMMONS 11 MIDDLESEX AVENUE P.O. Box 426 WILMINGTON, MA 01887 ADMITTED N14 BAR May 7, 2001 Building Inspector Town Hall North Andover, MA 0 18 10 RE: Map 55, Parcel 17 Bixby Avenue Owner: Robert M. Gilbert Request for Zoning Interpretation Dear Sir: TEL: (508) 657-6520 FAX: (508) 988-0040 Please be informed that I have been requested by L. A. Associates, Inc. on behalf of Robert M. Gilbert to make a request pursuant to M.G.L. ch. 40A, § 7 for your determination as to whether the property identified as Parcel 17 on Assessor's Map 55, qualifies as a pre-existing lot under M.G.L. c. 40A s.6. Appended hereto is a Case Synopsis detailing the chain of title as well as that of abutting parcels. I appreciate your consideration of this matter, and would ask that you render your decision within the fourteen days stipulated in M.G.L. ch. 40A, § 7. If you feel it would be helpful or productive to meet to further review this matter, please let me know. Sirs ours, 3 i, Daniel J. Brown Enclosures v� MAY 10 2001, b TOWN OF NORTH ANDOVER MASSACHUSETTS OFFICE OF BUILDING INSPECTOR A Applicant: L. A. Associates, Inc. Request for Pre-existing Lot Zoning Interpretation 35 Bixby Avenue Map 55, Parcel 17 Lots 7 & 8 on Registry Plan 0408 Book 248, Page 600 CASE SYNOPSIS & CERTIFICATION OF CHAINS OF TITLE The subject premises is identified as Parcel 17 as shown on North Andover Assessor's Map 55 and is further identified as Lots 7 & 8, on a subdivision plan entitled: "Plan of Land belonging to Alonso Bixby, North Andover, MA" prepared by Horace Hale Smith, Civil Engineer, dated May, 1906 and recorded with the Essex North Registry of Deeds as Plan No. 0408 at Book 248 Page 600. See copy of plan enclosed herewith. The subject premises, Parcel 17 (Lots 7 & 8), was conveyed by Peter Baginski to Leonard Firth, by deed dated December 6, 1941 and recorded with the Essex North Registry of Deeds at Book 647 Page 441. On the date said property was acquired by the said Leonard Firth, a zoning by-law had not yet been adopted by the Town of North Andover. Subsequently, on September 20, 1943, a Zoning By -Law was adopted by the Town of North Andover at a Special Town Meeting. On said date Lots 7 & 8 were held in common ownership and therefore, pursuant to the newly adopted Zoning By -Law, were merged into one lot (nova Parcel 17) for zoning purposes. Said merged lot comprised a lot containing 7,157 square feet of area and 90.44 feet of frontage. Notwithstanding said merger, said Lot (Parcel 17) still did not meet the dimensional requirements of the newly adopted zoning by-law. However, said Lot (Parcel 17) was, prior to the effective date of said By -Law, lawfully laid out and shown on a plan dated May 1906 duly recorded with the Essex North Registry of Deeds as Plan No 0408 at Book 248, Page 600. in 1943 when the Zoning By -Law was adopted, said Lot (Parcel 17) did not then adjoin other land of the same owner, vacant and available (emphasis added), for IV 0 .i combination with or use in connection with the development of said Lot (7 & 8). Therefore, said Parcel 17 acquired the status of an exempt, pre-existing, grandfathered lot not subject to the dimensional requirements of the newly adopted Zoning By -Law. See Chain of Title for all relevant parcels establishing separate ownership, appended hereto. The adjoining Lot 9 & Pt 10 (Parcel 16) also shown on Plan No. 0408 was conveyed by Dennis J. Costello to Henry Knowlton and Margaret J. Knowlton by deed dated April 14, 1919 and recorded with the Essex North Registry of Deeds at Book 397 Page 432. Title to said property was still held by the Knowlton's, on September 20, 1943 when the Zoning By -Law was adopted by the Town of North Andover. On said date, the Knowlton's did not hold title to Parcel 17. Therefore, said Parcel 16 acquired the status of an exempt, pre-existing, grandfathered Lot not subject to the dimensional requirements of the newly adopted Zoning By -Law. See Chain of Title for all relevant parcels establishing separate ownership, appended hereto. The Knowlton's thereafter conveyed said property to George Fielding by deed dated August 10, 1945 and recorded with the Essex North Registry of Deeds at Book 675 Page 396. On August 10, 1945, title to Parcel 16 (Lot 9 & Pt 10) stood in the name of George Fielding, individually (Book 675 Page 396) and title to Parcel 17 (Lots 7 & 8) stood in the names of George H. Fielding and Gladys A. Fielding as husband and wife (Book 675 Page 395) and thus, despite the apparent commonality of ownership, said Parcels were, as defined by law, nevertheless separately owned. Whereas, both Parcels were separately owned and described on separate deeds at the time of the adoption of the 1943 Zoning By -Law each Parcel acquired and has retained the status of a pre-existing, grandfathered, non -conforming lots. In 1956 the Town of North Andover adopted an amendment to its Zoning By -Law increasing the dimensional requirements for lot development. However, said amendment did not affect the status of Parcels 16 and 17 as pre- existing, grandfathered, non -conforming lots. This is due to the fact that Parcel 16 had been previously developed in 1950 with a single family residence while Parcel 17 remained undeveloped. Furthermore, said Parcel 16 and Parcel 17 still remained separate under law despite the apparent commonality of ownership Particular reference is made to Carciofi v. Board of Appeals of Billerica, 22 Mass. App. Ct. 926, (1986) wherein the Court noted "that even if separate lots 1M came into common ownership at a later date, the lots would still be protected if they had been separately owned at the time of the zoning change"(being the 1943 Zoning By -Law and the 1956 Zoning Amendment). Carciofi deals with the identical situation of a husband owing one lot with the husband and his wife owning an adjoining lot. NOTE: By the deed dated June 2, 1980, Parcel 16 and 17 came into a true common ownership. However, Parcel 16 had previously been developed in 1950 with the construction of a single family dwelling. Parcel 17 has remained an undeveloped pre-existing grandfathered Lot not / adjoining other land of the same owner, vacant and available (emphasis added), for combination with or use in connection with said Lot. Reference is made to Willard v Board of Appeals of Orleans, 25 Mass. App. Ct. 15, 18 (1987), in which the appeals court noted that "there is nothing on the face of the fourth paragraph (of M. G. L. ch 40 A, s.6) to suggest that it was intended to apply to anything but vacant land (emphasis added)." This conclusion is entirely consistent with the legislative history of the provision, including the DCA Report which states that the predecessor version of this provision in the old Zoning Enabling Act was addressed to "undeveloped lots" and lots on which construction has not yet commenced." The title search of Parcel 17, the subject premises (Lots 7 & 8) discloses no subdivision or conveyance of any portion of said property since it was was conveyed by Peter Baginski to Leonard Firth, by deed dated December 6, 1941 Said title search further confirms that the subject premises, Parcel 17, has remained separate and apart as an undeveloped lot from all adjoining land as adjoining land is defined by statute and case law. The key fact to focus on in this instance is the status of both parcels in 1943 when the zoning by-law was adopted. In 1943 Parcel 16 and Parcel 17 were separately owned and, as undeveloped lots, each met the requirements for qualification as a pre-existing grandfathered lot. See Massachusetts General Laws Chapter 40A Section 6, the fourth paragraph of which provides in part:. "Any increase in area, frontage, width, yard and depth requirements of a zoning ordinance or by-law shall not apply to a lot (here being Lots 7 & 8 or Parcel 17) for . . residential use which at the time of recording or endorsement [meaning lot creation or in this case being the deed from Peter Baginski to Leonard Firth, dated December 6, 1941 ] was not held in common ownership with any adjoining land [and] conformed to then existing requirements." It is also necessary to consider the effect on each Parcel of the 1956 amendment to the Zoning By -Law which increased the dimensional requirements for lot development. In 1950 a single family home was constructed on Parcel 16. Therefore, where as said Parcel had been developed prior to the 1956 Zoning By -Law amendment it retained its status as a pre-existing non -conforming lot now i having a non -conforming structure whereas, Parcel 17 continued to retain its status as a pre-existing non -conforming grandfathered lot. Reference is made to the fourth paragraph of General Laws Chapter 40A Section 6 which applies to undeveloped or vacant land only. In other words, the restriction against owning adjacent land in common ownership applies to undeveloped adjacent land ( in this case Lots 7 & 8 or Parcel 17) and not to land that has already been developed (in this case Lots 9 & 10 or Parcel 16). Land previously and lawfully developed with structures is addressed in the first paragraph of M. G. L. ch 40 A, s.6. Therefor, on the date of the Zoning By -Law Amendment, Lots 7 & 8 were held separate and apart from all adjoining land of the same owner, vacant and available (emphasis added) which could be merged with it (Lots 9 & 10 already having been developed) to comply with the newly enacted amendment to the Zoning By -Law. Reference is made to page (198) from the Handbook of Massachusetts Land Use and Planning Law, Mark Bobrowski, (1993) which cites Willard v. Board of Appeals of Orleans, 25 Mass. App. Ct. 15, 18 (1987) as a case that discusses this very point. "In Willard the appeals court noted that "there is nothing on the face of the fourth paragraph to suggest that it was intended to apply to anything but vacant land." This conclusion is entirely consistent with the legislative history of the provision, including the DCA Report which states that the predecessor version of this provision t in the old Zoning Enabling Act was addressed to "undeveloped lots" and lots on which construction has not yet commenced." See enclosed copy of the full decision of the Appeals Court in Willard v. Board of Appeals of Orleans and reference is s;;:ecifically made to the top paragraph of page 18 for the court's language which reads as follows: « 1 ...There is nothing or the face of the fourth paragraph to suggest that it was intended to apply to anything but vacant land .... The immediate statutory ancestor of the fourth paragraph... applied to original construction on vacant lots but not to alterations of existing structures which had become nonconforming..." Reference is made to the attached chain of title for the subject premises (Parcel 17) as well as to all adjoining parcels dating back to 1943. /rert� True, Daniel I Brown, 5 Mass. App. Ct. 6 25 Mass. App. Ct. 15 15 n.g Authority. Willard v. Board of Appeals of Orleans. its promissory rep- ord to make it plain ce with its represen- DAVID B. WILLARD, trustee, vs.—BOARD-017 APPEALS onciled monthly by OF ORLEANS... -aw." The violations No. 86-1110. tstantial period, and Bamstable. September 11, 1987. — October 26, 1987. mporary V1OlatIOI1S. Present: GRANT, PERRETf A, & SMITH. J1. Ins. Co., 164 Mass. ,tton case, 8 Met. at Zoning, Lot, Setback, By-law; Nonconforming use or structure, Special -ounting, with broad permit, Appeal. Statute, Construction. ;ns by a person other The portion of the first paragraph of § 6 of G. L. c. 40A commencing h witthe unts for which Deas second "except" clause, which allows certain changes to a single-family d for a considerable house as of right if the "nonconforming nature" of -the structure is not BHA established a increased, governed a case in which the owner of a single family house Ins, there was abun- sought building and special permits for construction. of an addition to ance and accounting his preexisting nonconforming structure. 117-191 employees of BHA The particular provision.of a town's zoning by-law that specifically referred to G. L. c. 40A, § 6, and matched almost exactly the language of the :.olerated the lack of second "except" clause of the first paragraph of § 6, governed a case the ineffectiveness in which the owner of a single-family house sought building and special permits for construction of an addition to his preexisting nonconforming he could reasonably structure. [19720] 1y finding that BHA Language in the concluding portion of ,the second sentence of the first See paragraph of G. L. c. 40A,.§. 6, stating that a preexisting nonconforming representations. structure or use may be extended provided that it "shall not be substan- ably was compliance tially more detrimental than the existing nonconforming use to the neigh- ,wenty-five accounts borhood," and similar language in a particular provision of a town's basis, and con- zoning by-law, was treated as including the words "structure or" im- account handled by mediately preceding the word "use-' [20-21) be recrarded as A decision of a town's zoning board of appeals sustaining a building inspec- .nnot or with its romis- p tor's denial of an application by the owner of a single-family house for - a building permit to construct an addition to his preexisting nonconfotm- otion judge properly . ing structure, and denying the owner's application for a special permit ;r. authorizing the desired construction, was annulled as - in excess of the board's authority where it did not appear from the record that the board :Idgment affirmed. had -proceeded under the first paragraph of G.1L c: 40A, § 6, and applicable provisions .of the'zoning by-law., or that the judge on appeal. to the Superior Court had made the requisite independent findings on the questions whether the proposed addition would "increase the noncon- _forming nature'.', of the structure and whether the addition would result in a structure. "not substantially more detrimental' to. the neighborhood _ than the existing structure: [22-24] ' - t zoning ordi 16 25 Mass. App. Ct. 15--_ i 25 Mass. Willard v. Board of Appeals of Orleans. CIVIL ACTION commenced in the Superior Court Department h• 1: The on June 13, 1985. decision The case was heard by James J. Nixon, J. the fourth Lawrence O: Spaulding, Jr., for the plaintiff. St. 1979. Michael D. Ford, Town Counsel, for the defendant. GRANT, J. In 1985 the plaintiff, in his individual capacity,' irs � part as fol' acquired title to a lot in Orleans with an area of some 0.8 acres by-law shal and a frontage of more than 100 feet on the northerly side of begun, or t Cliff Road, a private way. The lot had been in separate own- of notice o ership from that of any adjoining lot since 1965. A single-family section five use, to a bu house had been constructed on the lot at least as early as 1964; heating, to one corner of the house abutted the northerly sideline of Cliff ture d to public nhear Road. There was no minimum setback requirement in the for the sear Orleans zoning by-law until 1972, when a twenty-five foot greater exte setback was established in the residential zoning district in change to a which the plaintiff's lot is located. onconfo ntsires In 1985, following his acquisition, the plaintiff applied to or use or alteratio the local building inspector for a permit to construct an addition granting au to his house which would be located partly within the twenty-- ordinance c five foot setback. The building inspector denied the application substantiall neighborho for some reason or reasons which do not appear.. The plaintiff The for appealed from that decision to the board of appeals land also increase in applied to the board for a special permit authorizing the -con- ordinance i struction of the desired. addition. The board, after hearing, residential _ . sustained the decision of the building inspector and denied the occurs Boor conformed application for a special -permit. The,plaintiff appealed to the requiremen Superior Court (G. L. c. 40A, § 17), which, in effect, affirmed frontage. A of a zonin,2 both aspects of the board's decision. We reverse the judgment from its eff of the Superior Court and order the case remanded to the board and .sevens; for .further.proceedings. residentialand such lc - conformed - - _ - hundred an 'The plaintiff describes himself in the complaint as the ttvstee of a real requiremen at least sev estate trust known as Preservation Advocacy Trust. It makes no difference feet of fron for present purposes whether the locus is held by the plaintiff in his individual capacity prior to Jane or in a fiduciary capacity. that the pr( Z'A small ' onion of that corner of the house and the associated >.;P portion ;such adjoir of a retaining wall actually intrude into the layout of Cliff Road. Nothing .paragraph in this opinion turns on either intrusion.: at the time zoning ordi 25 Mass. App• Ct. 15 ,Is of Orleans- , Superior Court Department Nixon, J .)r the plaintiff: gel, for the defendant. in his individual capacity,' ith an area of some 0.8 acres feet on the northerly side of at had been in separate own - at since 1965. A single-family r e lot at least as early as 1964; the northerly sideline of Cliff , setback requirement in the i72, when a twenty-five foot residential zoning district in ted. lied to :sition, the plaintiff app struct an addition permit to con ,sated partly within the twenty- nied the application inspector de .ich do not appear• The plaintiff a the board 'of appeals and also _ r sial p the con-' ermit authorizing rd, .after hearing, tion. The boa ,uilding inspector and denied the ,it. The plaintiff appealed to the .` § 17), which, in effect, affirmed �cision. We reverse the judgment b :er the case remanded to the board r in the complaint as the.trustee'of a real Advocacy Trust: It makes no difference ecus is held by the plaintiff in his individual onion ,r of the house and the associated p :de into the layout of Road Nothing itrusion. 25 Mass., App. Ct. 15 17 Willard v. Board of Appeals of Orleans. 1 'The relevant statutory provision. The .first. question for decision is whether this case is governed by the first' or by the fourth ° paragraph of G. L. c. 40A, § 6, as amended. through St. 1979; c. 106..Town counsel argues for'the: former; -the The first' paragraph of the present G. L. c. 40A; § 6;'reads in relevant part as follows: "Except as hereinafter provided, a zoning ordinance or by-law shall not apply to structures or uses lawfully in existence or lawfully fir begun, or to a building or special permit issued before the st�publication of notice of the public hearing on such ordinance or by-law required by section five, but shall apply to any change or substantial extension of such use; to a building or special permit issued after the fust notice of said public hearing, to any reconstruction, extension or structural change of such struc- ture and to any alteration of a structure begun after the first notice of said public hearing to provide for its use. for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent except where alteration, reconstruction, extension or structural change to a single or two-family residential structuredoes not increase the nonconforming nature of said structure. Pre-existing nonconforming struc- tures or uses may be extended or altered, provided, that no such extension or alteration shall be permitted unless there is a finding by the permit granting authority or by the special permit granting authority designated by ordinance or by-law that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming use to the neighborhood ..." (emphasis supplied). 'The fourth paragraph of the present G. L. c. 40A, § 6, reads: "Any increase in area, frontage, width, yard, or depth requirements of a zoning ordinance or by-law shall not apply .to a lot forsingle 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. Any increase in area, frontage, width, yard or depth requirement of a zoning ordinance or by -lain shall not apply for a period of five years from its effective date or for five years after January first, nineteen hundred andseventy-six, whichever is later, to a lot for single and two family residential use, provided the plan for such lot was recorded or endorsed and such lot was held in common ownership with any adjoining land and conformed to the existing zoning requirements as of January first, nineteen hundred and seventy-six, and had less area, frontage, width, yard or depth ._requirements than the newly effective ' zoning requirements but contained at least seven thousand five hundred square feet of area and seventy-five feet of frontage, and provided that said five year period does not commence prior to January first, nineteen hundred and seventy-six, and provided further that the provisions ofthis sentence shall not apply to more than three of such . adjoining .lots held in : common ownership. The provisions of this paragraph . shall not beconstrued to .prohibit a aot _being built upon,. if at the time of the building, building upon such Jot is; not prohibited by the zoning ordinances or by-laws in effect in a city or town." 18 25 Mass. App..-Ct.- 15 25 Mass. Willard v. Board of Appeals of Orleans. plaintiff espouses the latter. o P P There is nothmb on the face of c ces the fourth paragraph to suggest that it was intended to apply F tory provisio to. anything but vacant land. The ..only :reference�tc, -a .building pare. Walker is found in the last sentence'. of -the paragraph':` which sets out 50-52 (1983 one of the circumstances (not applicable here) in which a `.`lot" 2. The re may be "built upon." The immediate statutory, ancestor of the question is v fourth paragraph (G. L. c. 40A, § 5A, as in effect prior to St. § 6:4-3' of t 1975, c. 808, § 3) applied to original construction on vacant specific refs: lots but not to alterations of existing structures which had almost direct become nonconforming, such as the one involved in this case. of the first r Maynard v. Tomyl, 347 Mass. 397, 400 (1964). There is no Section 6:4-'- support for the plaintiff's position in Sturges v. Chilmark, 380 c:-40A, but 1 Mass. 246, 260-261 (1980), decided under the present fourth that-of § 9 & paragraph, in which the court was dealing with two vacant lots the general p and the only question for decision was whether those lots were permits whit "adjoining" within the meaning of the fourth paragraph of the situations no present §'6. The case of Baldiga v. Board of Appeals of Ux- by-law., .Cor: bridge, 395 Mass_. 829 (1985), was also concerned with vacantL lots. is °"Change, E� The portion of the first paragraph of the present § 6 with 40A, General L be altered or ext which we are concerned has no identifiable ancestor in G. L. forming nature t c: 40A, as in effect prior to St._1975, c. 808, § 3: That portion tures or uses ma from the Board c made its first appearance,;_ without accompanying explanation alteration or cha (see Baldiga v. Board of Appeals of Uxbridge, 395 Mass.- at borhood than the 835), in 1974 House Doc. No. 5864. To be specific, the second ing use, no strut « ,� except -clause of the first paragraph of § 6 is addressed to use." "alteration [s], reconstruction, extension[s.. and] structural y "`Criteria. Sc the use involved change[s] to ... single or two-family residential structure[s]," - of the neighbor] none of which is referred to in the fourth paragraph. The seconduse ` involved wil sentence of the first paragraph is specific in its .references to Bylaw and shall "6:4-3-1 . Adeo; extensions and alterations of "[p]re-existing nonconforming "6:43-2 Suitat ..i'6:4-3-3 structures” (Fitzsimonds v:: Board of Appeals` of Chatham,' 21 „ .4 6 33. - - Impar -'`6:4-3-4 s Mass. _App. Ct. 53, 55-56 -[1985] ). We have hesitancy in - Impac :vistas concluding that the -portion of the first paragraph of § 6 which -'6:43-5 Adegi drains ' The Fitzsimonds case was not decided until more than four months after "6:4-3-6 Adea i - the board had 16ted in this case. It was decided more'tlian eight months 1'6:4-3-7 Noise proi to the decision of the Superior Couit and was`"specifically brought to".Section, 1:3-= the attention of the judge in the course of the trial.� 25 Mass. App. Ct., 15 25 Mass: App. Ct. 15 19 Willard v. Board of Appeals of Orleans. of Appeals of Orleans. _ There is nothing on the face of commences with the second "except" clause sets out the statu- _est that it was intended to apply tory provisions which govern a case such as the present. Com - The only-reference..to a building pare Walker v.. Board of Appeals of Harwich, 388 Mass. 42, gh 'which sets out 50-52 (1983): of the paragraph P The -relevant provision of .the zoning, by ,law..The next applicable here) in which a "lot" - uestion is whether this. case is governed by L § 1:3-3-6 or by ,imediate statutory ancestor of the e- q OAS § 5A, as in effect prior to St. § 6:4-3' of the Orleans zoning by-law. Section 1:3-3-1 makes to original construction on vacant specific reference to the present G. L. c. 40A, § 6, and reads of existing structures which had almost directly on the language of the second "except" clause h as the one involved in this case. of the first paragraph of § 6, . as discussed., part 1 hereof. ass. 397, 400 (1964). There is no 7 Section 6:4-3 makes no reference to any particular section of �sition in Sturges v. Chilmark, 380 c. 40A; but it is clear from a comparison of its language.with - decided under the present fourth that of § 9 of c. 40A that §.,6:473 was intended to implement Q with two vacant lots the general -provisions with respect to the issuance, of special in was dealing permits which are found in § 9 and to apply in special permit ecision was whether those lots were situations not specifically covered by other- sections of the _ening of the fourth paragraph of the ia Appeals of UX - was by -law. -8 Compare Walker v. Board of Appeals of Harwich, ApP ;aldiga v. Board of was also concerned with vacant 6"Change, Extension or Alteration: As provided in Section 6 of Chapter 40A, General Laws, a nonconforming single- or two-family dwelling may 6 with be altered or extended provided that doing so does not increase the non -con - pa paragraph of the present § ;1 forming nature of said structure. Other pre-existing, non -conforming struc- -las no identifiable ancestor in G. I-• tures or uses may be extended, altered, or changed in use on Special Permit c- 808; § 3. -That portion - from the Board of Appeals if the Board of Appeals finds that such extension, .o St. 1975; - a explanation alteration or change will not be substantially more detrimental to. the neigh - with, out aCCOmpal?Ymo P _borhood than the existing non -conforming use. Once changed to a conform- Appeals of Uxbridge; 395 Mass at _ ing use; no structure or land shall be permitted to revert to anon -conforming No. 5864. Tobe specific; the second use. 6 is addressed to "'Criteria. Special Permits may be granted when it has been found that rst paragraph of § and] structural the use involved will not be detrimental to the established or future character action, extension[s of the neighborhood and the Town, and when it has been found that the •r two-family residential structure[s], use involved will be in harmony with the general purpose and intent of the : , paragraph. aPh. The second,. Bylaw and shall include consideration of each of the following: t0 In the fourth agraph is specific in its references t0 "6:4-3=1 ".:Adequacy of the site in terms of size for the proposed use. "6:4-3-2 Suitability of site for proposed use. ,ns of "[p]re-existing nonconforming. "6:4-3-3 -- Impact on traffic flow and safety. Appeals of Chatha;tt. 21` "6:4-3-4 Impact on neighborhood visual character;` including views and v. Board of APP. ... .. .. - vistas: 56 [1985] 5), :We have no hesitancy m. whtcil 6:4 3 5 Adequacy of method of .aewadi ge sposal, source of water and ;.ion of the first paragraph of § 6 � � .,, drainage. ` 4-3-6- Adequacy of utilities and other public services. not decided until more than four months after. 6:4-3-7- Noise and litter: case. It was decided more_than eight month ':"Section 1:3-3-1 is buf-one of several sections of the by law`making - Superior Court and was specifically _broug�it to provision for the issuance �of special permits in particular circumstances. i the course of the trial: 20 25 Mass. App. Ct. 15 Willard %. Board of Appeals of Orleans. 388 Mass. at 51-52. Accordingly, we hold that it is § 1:3-3-1 which governs in this case. 3. The proper construction of the statute and the by-law. The first paragraph of G. L. c. 40A, § 6 (note 3, supra), contains an obscurity of the type which has come to be recog- nized as one of the hallmarks of the chapter. See, e.g., O'Kane v. Board of Appeals of Hingham, 20 Mass. App. Ct. 162 (1985), and cases cited; Fit_simonds v. Board of Appeals of Chatham, 21 Mass. App. Ct. at 55-56. The first "except" clause of the statute is concerned with the application of zoning ordinances and by-laws to nonconforming "structures or uses," to any change in or substantial extension of such a "use", and to the alteration of such a "structure." The second "except" clause deals with the alteration, reconstruction, extension or structural change "to [sic] a single or two-family residential structure [which] does not increase the nonconforming nature of [the] structure." The immediately ensuing sentence speaks of not permitting extensions or alterations of "[p]re-existing nonconforming structures or uses" unless there is a finding by the permit or special permit authority that such change, exten- sion or alteration "shall not be substantially more detrimental than the existing nonconforming use to the neighborhood" (em- phasis supplied). It will be noted that all the portions of the statute which have just been summarized or quoted except the portion italicized are expressly directed to nonconforming structures as well as nonconforming uses. In the present case. the existing and proposed nonconformities arise out of the position of a house on a lot of land rather than out of the use which is being or is proposed to be made of the house or of the lot on which the house is and would continue to be located. The italicized portion of the statute makes no sense in these circumstances because, as worded, it appears to contemplate a determination of whether an alteration to an existing structure would be more detrimental to the neighborhood by reference to the existing See, e.g., §§ 3:9-1-2 (shoreline zoning district), 4:3-9(b) (sidelines in VC zoning district), 5:7 (timesharing and interval ownership) and 5:11-2-3 (numbers of spaces required in off-street parking areas). I 25 Mass. A residential t structure we those rare it tance. to sup the Legislat Barnstable, render a stat Compare Ci Mass. 186, ing portion c present G. L more detrim. use to the nc On a pari of the penui 6,supra) ist tal to the nei; ture or use There is o in Fitzsirnom "except" clat a board of ap determinatio! a nonconforn nature of saic of the statute of the land or should be reg As one cor oranges probler: that any extensi a demonstration same will not h the existing no, some point, inst: structures to use Uses, Plan Var and oranges we Board of Appeu 25 Mass. App. Ct. 15 25 Mass. App. Ct. 15 21 Jrleans. Willard v. Board of Appeals of Orleans. hold that it is § 1:3-3-1 residential use of the land, which would not change if the structure were altered.' We are of opinion that this is one of statute and the by-law. those rare instances in which a court must overcome its reluc- �, § 6 (note 3, supra), tance to supply a word or words which were not employed by :h has come to be recob :V, the Legislature (see, e.g., Murray v. Board of Appeals of ;ipter. See, e.g., O'Kane Barnstable, 22 Mass. App. Ct. 473, 479 [1986]) in order to _0 Mass. App. Ct. 162 Me render a statute intelligible and so effectuate its obvious intent. v. Board of Appeals of Compare Chelmsford Trailer Park, Inc. v. Chelmsford, 393 -56. The first "except" Mass. 186, 196-197 (1984). Accordingly, we read the conclud- the application of zoning ing portion of the second sentence of the first paragraph of the ling "structures or uses," present G. L. c. 40A, § 6, as follows: "shall not be substantially ion of such a "use", and s more detrimental than the existing nonconforming structure or " The second "except" use to the neighborhood" (emphasis supplied). instruction, extension or I On a parity of reasoning, we think the concluding portion it two-family residential of the penultimate sentence of § 1:3-3-1 of the by-law (note 12 nonconforming nature 6, supra) is to be read: "will not be substantially more detrimen- �msuing sentence speaks tal to the neighborhood than the existing non -conforming struc- -ations of "[p]re-existing ture or use" (emphasis supplied). ,less there is a finding by 4 There is one more question of construction. As pointed out that such change, exten- in Fitzsimonds v. Board of Appeals of Chatham, the second antially more detrimental "except" clause of the first paragraph of c. 40A, § 6, -requires .o the neighborhood" (em- a board of.appeals in a case such as this one to make an initial determination whether a proposed alteration of or addition to :ons of the statute which a nonconforming structure would "`increase the nonconforming voted except the portion E c nature of said structure"' k21 Mass. App. Ct. at 56). This part nonconforming structures of. the statute is not concerned with the use of the structure or v present case, the existing of the land on which it is located. We think the quoted language out of the position of a should be read as requiring a board of appeals to identify the of the use which is being use or of the lot on which 'As one commentator has put it, "[T]here is an apples -compared -to - be located. The italicized oranges problem regarding buildings in sentence two.of new Section 6 in that any extension or alteration of a [nonconforming] structure depends on Ise in these. circumstances a demonstration to and a finding by [permit granting authority] that the mtemplate a determination -,the same will not be substantially more detrimental to the neighborhood than 1g structure would be more the existing nonconforming use. Presumably the Appeals Court will, at reference to the existing . , some point, instruct [permit granting authorities] how to go about comparing structures to uses." Hays, Application of Chapter 8081to Existing Structures, Uses, Plan Variances and Permits, 22 B.B.J. 17, 19 (1978). The apples strict), 4:3-9(b) (sidelines in VC and oranges were present but not sorted out in Tamerlane Realty Trust v. serval ownership) and 5:11-2-3 Board of Appeals of Provincetown, 23 Mass. App. Ct. 450 (1987). )arking areas). 22 25 Mass. App. Ct. 15 25 Masi Willard v. Board of Appeals of Orleans. particular respect or respects in which the existing structure does out in not conform to the requirements of .the present by-law proposes and then determine whether the proposed alteration.or addition detrimei would intensify the existing nonconformities or result in addi- tional ones. If the answer to that question is in the negative, ani the applicant will be entitled to the issuance of a special permit the first under the second "except" clause of G. L. c. 40A, § 6, and The b any implementingby-law. Only if the answer to that question ered the is in the affirmative will there be any occasion for consideration "surrour of the additional question illuminated in the Fitzsimonds case it had in (21 Mass. App. Ct. at 56). Road fr( 4. Shortcomings in the board's and the judge's findings. notice n The board found that the addition proposed in this case "would § 11, th increase the non-conforming nature of the present structure." which it That finding is not suspect because there was evidence in the is need Superior Court from which it could be found (as was agreed the Supt at the argument before us) that at least one portion of the the pror addition would protrude beyond the footprint of the present;propertit structure. are und( When it came to the plaintiff's alternative request for a spe- § 6:4-3 cial permit, the board found that the proposed addition would hood" v result in increasing the height of the existing structure by nine § 6, and feet' and that "this would interfere with the views or vistas The J1 of the surrounding property owners and be substantially more same fry detrimental to the neighborhood and the town." The references findings to the "town", which appears in § 6:4-3 of the by-law (note been file 7, supra) but not in the first paragraph of G. L. c. 40A, § 6 It compli< (note 3, supra) or in § 1:3-3-1 of the by-law (note 6, supra), the judc, and to "views and vistas," which appear in § 6:4-3-4 of theP ermit c by-law (note 7, supra) but not in the statute or in § 1:3-3-.1 of of the b} the by-law, strongly suggest that the board may have proceeded that "[t]1 under the wrong special permit provisions of the by=law: See sion of t part 2 hereof. We do not say that the board, in the exercise crease it of its discretion, could not properly consider the factors set' rially ch 1 finding 10 The judge found that the increase would be sixteen feet. Neither the board nor the judge made any finding that the increase in height; whatever increase it might be, would result in any nonconformity under the present by-law. See the Fitzsimonds case, 21 Mass. App. Ct. at 57. 11 The j1 _5 Mass. App. Ct. 15 tans. the existing structure of the present by-law :i alteration or addition pities or result in addi- tion is in the negative, :nce of a special permit L. c. 40A, § 6, and .answer to that question as ion for consideration n the Fitzsimonds case i the judge's findings. sed in this case "would the present structure." :re was evidence in the found (as was agreed ast one portion of the ootprint of the present native request for a spe- iroposed addition would Fisting structure by nine .vith the views or vistas id be substantially more ;e town." The references 4-3 of the by-law (note ,h of G. L.. c. 40A, § 6 by-law (note 6, supra), pear in § 6:4-3-4 of the statute or in § 1:3-3-1 of oard may have proceeded isions of the by-law. See le board, in the exercise consider the factors set ;d be sixteen feet. Neither the , ie increase in height; whatever nity under the present by-law. t. at 57. 25 Mass. App. Ct. 15 23 willard v. Board of Appeals of Orleans. out in § 6:4-3-4 of the by-law in determining whether the proposed addition would result in a structure substantially more detrimental to the neighborhood than the existing structure (part 3 hereof). We do say that on this record it does not appear with any measure of certainty that the board proceeded under the first paragraph of c. 40A, § 6, and § 1:3-3-1 of the by-law. The board, in its decision, gave no indication what it consid- ered the "neighborhood" to be. The board referred loosely to "surrounding property owners," but we do not know whether it had in mind the owners of lots contiguous to or across Cliff Road from the plaintiff's, lot, all the fifteen owners to whom notice of the public hearing was given under G. L. c. 40A, § 11, the owners of all the other 229 lots in the subdivision which includes the plaintiffs lot, or something else." There is need for clarification in this area because at the hearing in the Superior Court there was evidence of whether the top of the proposed addition would be visible from certain nearby properties and from certain public landings, some of which are undoubtedly parts of the "town" within the meaning of § 6:4-3 of the by-law but may not be parts of the "neighbor- hood" within the meaning of the first paragraph of c. 40A, § 6, and § 1:3-3-1 of the by-law. The judge's findings and rulings are subject to many of the same frailties. For instance, he said in the early part of his findings that the plaintiffs application for a special permit had been filed under § 1:3:3-1 of the by-law, and he referred to "compliance with section 6 of chapter 40A." Somewhat later, the judge ruled (erroneously) that the issuance of a special permit of the type sought in this case is governed by § 6:4-3 of the by-law. There are additional problems. The judge found that "[t]he planned construction would be a substantial exten- sion of the non -conforming use" and that "[t]he extensive in- crease in use of the lot through expansive decking will mate- rially change the structure. Nowhere did the judge make any finding on the question whether the proposed addition would increase the nonconforming nature of the structure or the ques- " The judge nowhere used the word "neighborhood." 24 25 Mass. App. Ct. 15. Willard v. Board of Appeals of Orleans. tion whether the addition would result in a structure not substan- tially more detrimental to the neighborhood than the existing structure. It is clear that the judge failed to make independent findings of fact (G. L. c. 40A, § 17) on all the issues raised by the appeal to the Superior Court before determining the validity of the board's decision. See, e.g., Pendergast v. Board of Appeals of Barnstable; 331 Mass. 555, 558-559 (1954); Plan- ning Bd. of Springfield v. Board of Appeals of Springfield, 355 Mass. 460, 462 (1969); Josephs v. Board of Appeals of Brookline, 362 Mass. 290, 295, 298-300 (1972). There is nothing in the judge's findings that can be relied. on to salvage either aspect of the board's decision. The judgment is reversed, and the decision of the board of appeals is annulled; the case is to be remanded to .the board for further proceedings consistent with this opinion; the board, after new notices under G. L. c. 40A, § 11, may reopen the hearing for the purpose of taking further evidence; the board shall render a new decision; the Superior Court may retain jurisdiction over the case; costs of appeal are not to be awarded to any party. So ordered. 25 Ma Robber. tenor This cot. a cri age the C the F In a pros over plat: sixt% rema on t; robb: Thejud; to the objet cross intox poter IND] partme 1986, ] The Carl for the Davi monwe t r Danie� T B r0 , ro . > E MrUmington 7A 0 887-0426 tts Land Handbook o MaSSarl��,�.cpttc t ��� i §5.3.1 5. Vested Rights isting setback rules. Second, the draft included a provision that lots in separate ownership at the time of a zoning change would lose their protection if "subsequently held in common ownership." In Adamowicz v. Town of Ipswich,' the Supreme Judicial Court interpreted most of the key provisions of the first sen- tence of Mass. Gen. L. ch. 40A, §6, !, 4. After explaining the purpose of the provision and noting its ambiguities, the court held that the crucial inquiry for grandfathering purposes is the "status of the lot immediately prior to the zoning change" that rendered the lot nonconforming.s The court concluded that a lot does meet the statutory requirements if the most recent instrument of record9 prior to a restrictive zoning change reveals that the lot was separately owned, even though a previously recorded subdivision plan may reveal that the lot was at one time part of land held in common ownership. Of course, the lot must also have at least 5,000 square feet in area and 50 feet of frontage. In Willard v. Board of Appeals of OrIeans,10 the appeals court noted that "[t]here is nothing on the face of the fourth para- graph to suggest that it was intended to apply to anything but vacant land." This conclusion is entirely consistent with the legislative history of the provision, including the DCA Report, which states that the predecessor version of this provision in the old Zoning Enabling Act was addressed to "undeveloped lots" and "lots on which construction has not yet com- menced."" Table 5-1 is a synopsis of all appellate level decisions (and a few Land Court decisions) in which a landowner has at - '395 Mass. 757 (1985). See also Sieber v. Zoning Bd. of Appeals of Wellfleet, 16 Mass. App. Ct. 985 (1983). 9Id. at 762-763. 9The most recent instrument of record may be either a plan as set forth under the Subdivision Control Act or a deed. 1025 Mass. App. Ct. 15, 18 (1987). "See DCA Report at 36-37. 198 35.3.1 5. Vested Rights Nonetheless, the key word in the Seltzer pronouncement is "normally." Not every set of adjacent lots is "automatically" treated as a single lot for zoning purposes. In Carciofi v. Board of Appeal of Billerica, 1' the appeals court reviewed a textbook exemption. In 1951, plaintiff acquired a lot that met area and frontage requirements then in effect. In 1953, plaintiff acquired an adjoining conforming lot with another person, as tenant in common. Thus, when the zoning for the district in which both lots were located was changed in 1956, the lots were not held in common ownership. Thereafter, in 1959, ownership of the adjoining lots was nominally placed in common hands." The Appeals Court ruled, apparently using the Adamowicz ratio- nale, that the key inquiry was the status of the lots in 1956, when thev were rendered nonconforming. Their separate own- ership at that time preserved their status as separate building lots, despite the fact that they later came into common owner- ship in some rough sense. A few Land Court decisions follow the same line of reasoning. t' If adjoining lots are preserved using the Adamowicz test or a more liberal local regulation, the court may further explore whether the owner has an intent to keep the lots separate.'s Several decisions highlight factors for the court to consider. First, the mere reference to multiple lots on a deed does not suffice to preserve the lots designated therein.19 Second, the 1',1? Mass. App. Ct. 926 (1986). 16Carciofi caused the first lot to be conveyed to himself and his wife as tenants by the entirety. The other tenant in common of the second lot con- veved his half -interest to Carciofi and his wife. Thus, as to the second lot, one-half was held by Carciofi and his wife as tenants by the entirety, and the other half was held by Carciofi individually. Interestingly, the court con- cluded that such ownership never constituted "common ownership." Id. at 927. 17See, e.g., Silun v. Morris, Misc. Case No. 143836 (Land Ct. 1991); Cf• Bobrowski v. Board of Appeals of Beverly, Misc. Case No. 153543 (Land Ct. 1992). 18Seltzer, 24 Mass. App. Ct. at 523-524. 19Lindsay v. Board of Appeals of Milton, 362 Mass. 126, 131 (1972). See also Heald v. Zoning Bd. of Appeals of Greenfield, 7 Mass. App. Ct. 286, 289-290 (1979). 202 ExEcunvE OFFICE OF COMMUNITIES & DEvEwpmENT Michael S. Dukakis, Govemor Amy S. Anthony, Secretary ILO Vol. 3, Edition No. 6 August, 1986 THE MERGING OF SUBSTANDARD LOTS (Part III) This month's Land Use Manager is the last edition Q of a three part series concerning the issue of when sub- standard building lots must be combined to form one lot which will meet or more closely approximate the minimum lot area and frontage requirements of a local zoning bylaw. ID 7J 0 All the court cases cited in last month's issue of the Land Use Manager (See Vol. 3, Edition No. 5, July, 1986) dealt with a situation where the lot or lots in question were held in common ownership with adjoining parcels at the time of the increased zoning requirements. It is clear, that in such circumstances, adjoining lots are treated as one lot for the purposes of the single and two family separate lot protection provision of the Zoning Act. -See Ch. 40A, S.6, MGL, fourth paragraph, first sentence. What had been noted but not discussed by the Court was the status of a lot which at the time of the zoning change was a single lot held in separate ownership, but after the effective date of the zoning change the isolated lot is conveyed to an individual who happens to own the adjacent lot. See Vassalotti v. Board of Appeals of Sudbury, 348 Mass. 658, 661 (1965). Lindsay v. Board of Appeals of Milton, 362 Mass, 126 (1972), is the first case since Vassalotti which at least dealt.with a situation where a separate lot lost its grandfather protection, due to.a conveyance, after.the .effective date of the zoning change. In Lindsay, .the zoning bylaw had defined a lot as "a single area of land ... [laid out] by metes [and] bounds in a recorded deed AEN Donald J. Schmidt, Editor 617/727-3197 100 Cambridge Street, Room 904 1/800/392-6445 Boston, Massachusetts 02202 N Y� or on a recorded plan." The bylaw also provided that a dwelling could be erected on a lot containing less than the required mini- mum lot area and lot frontage if the lot was "recorded at the time of the adoption of [the] bylaw", which was January 29, 1938. Two adjoining lots which were shown on a recorded 1903 plan first came under common ownership in 1920 when Carrie Murdock, the owner of Lot 1 since 1910, acquired title to Lot 2. The 1910 and 1920 deeds, both duly recorded, described each lot by metes and bounds according to the 1903 plan. In 1945, Murdock transferred title to the two lots to Leavitt by a single deed which contained separate metes and bounds descriptions and separate areas for each lot. On the same day in 1945, Leavitt, probably acting as a "straw", conveyed the lots back to Carrie Murdock and six other members of the Murdock family. This second deed, however, identified the lots as a certain parcel'of land with one metes and bounds description and one area. In 1967, when the Lindsays acquired the property, the deed also identified the property with one description and one area. In seeking a building permit for Lot 2, the Lindsays argued that the lot was protected by the grandfather provision of the bylaw as it was a lot in existence at the time of the adoption of the bylaw on January 29, 1938. It was conceded that Lot 2 was separate and distinct from Lot 1 in 1938. The issue was whether, for zoning purposes, the Lindsays, by their deed, acquired separate lots or a single lot consisting of the two lots shown on the 1903 plan. In reviewing the zoning bylaw's definition of lot, the Court determined that the framers of the zoning bylaw meant the most recent recorded deed or plan. The Court found that where the most recent deed described the property as a single parcel and set out a metes and bounds description of a single area, the effect of the deed was to convey one lot for the purposes of the zoning bylaw. Therefore, in order to be eligible for the grandfather protection for the construction of a dwelling on a substandard lot as provided in the bylaw, the Court concluded that the lot not only had to have been in existence at the time of the enactment of the lot area and frontage requirements, but the lot also had to retain its identity as a separate lot. The decision in Lindsay was based on the fact that the second deed in 1945 effectively conveyed one lot and not two separate lots. Since, after -the zoning change, the Lindsays only acquired one lot, they were then prevented from artifically dividing them so as to restore old record boundaries for the sake of availing themselves of the grandfather provision which would have allowed building to occur on both lots. Therefore, Lindsay was not prevented from building on the basis that the lot came into common ownership with an adjoining lot after the enactment of the zoning change but rather on the fact that the two lots did not maintain their separate identity when, after the zoning change, they were conveyed as a single lot. - 2 - a GO Reviewing the legislative history of the present Section 6 separate lot protection provision, as appearing in St. 1975, c. 808, shows that the Legislature considered specific language which would have required the merger of single and separate owner- ship lots after the effective date of the zoning change if such lots were acquired by the same owner. Courts have ruled that, absent such a specific provision, the protection afforded a single and separate ownership lot is not lost when subsequent to the enactment of a zoning change, an adjacent lot is acquired by the same owner. Feldman v.Commerdinger, 213 N.Y.S. 2d 484 (1960); Fina Homes v. Beckel, 204 N.Y.S. 2d 69 (1960); Soros v. Board of Appeals, 269 N.Y.S. 2d 796 (1966); Cambareri v.Michaelis, 192 N.Y.S. 2d 861 (1959); Irace v. Kramer, 198 N.Y.S. 2d 532 (1959). In 1970, the Department of Community Affairs (DCA) was desig- nated by the Legislature to investigate the need for a comprehen- sive revision to the Zoning Enabling Act. The DCA succeeded an advisory committee which had been appointed by the Legislature in 1967 to study and report on the Zoning Law. In its initial report to the Legislature in 1972, the DCA recommended that the State statute contain specific language requiring the merger of sub- standard lots if subsequently held in common ownership. Recogniz- ing that past legislation had remained silent in this area (See St. 1958 c. 492; St. 1961 c. 435 s.l; St. 1960 c. 789.), the Department recommended in its report, 1972 House Doc. No. 5009 at 42, that: Lots held in separate ownership at the time of the zoning change would be subject to an absolute freeze with respect to residential use, if not subsequently held in common ownership with that of adjoining land located in the same residential district. Again, in 1973, the DCA made the same recommendation to the Legislature. 1973 House Doc. No. 6200 at 22. The DCA reports and recommended legislation were referred to the House Committee on Urban Affairs. 1972 House Doc. No. 6001; 1973 House Doc. Nos. 6035, 7072. That committee ultimately recommended legisla- tion which included the DCA recommendation requiring the merger of substandard lots if subsequently held in common ownership with adjoining land after the effective date of the bylaw. 1973 House Doc. No. 7227 at 19; 1974 House Doc. No. 2522 at 24. However, the Committee on Urban Affairs in future reports and recommendations to the General Court deleted the merger require- ment that had been contained in the previous proposals. 1974 House Doc. No. 5864 at 11; 1975 House Doc. No. 5457 at 10; 1975 House Doc. No. 5600 at 9. It appears that the Legislature considered and rejected language which would have required the merger of separate lots if subsequently held in common ownership after the effective date of the bylaw. It should be noted that the Court has placed great reliance on the reports of the DCA and.other legislative proposals when interpreting other provisions of the Zoning Act. See Hunters Brook Realty Corp. v. Zoning Board of Appeals of Bourne, 14 Mass..App. Ct. 76 (1982). 3 - M Absent expressed statutory language to the contrary, both the Massachusetts Supreme Judicial Court and the Massachusetts Appeals Court have determined that the key factor, when dealing with the question of the merger of substandard lots, is the status of the lot as of the effective date of the bylaw. In Giovannucci v. Zoninq Board of Appeals of Plainville, 4 Mass. App. Ct. 239 (1976), two lots were in common ownership at the time of the effective date of the bylaw. After the bylaw change, the lots were conveyed separately. The zoning bylaw contained elaborate provisions for the combination and replatting of contiguous lots in common ownership. In inter- preting the merger provisions of the bylaw, the Court noted: It seems obvious that in dealing with nonstandard lots, as with the analogous nonconforming. use, our point of reference is the effective date of the by- law. . . . More recently, in Adamowicz v. Town of Ipswich, 395 Mass. 757 (1985), the Court reached the same conclusion when interpreting the Section 6 separate lot protection provision of the Zoninc Act. The Court was asked if whether the first sentence of the fourth paragraph of Chapter 40A, Section 6, MGL, refers to the most recent instrument of record prior to the effective date of the zoning change from which the exemption is sought. ADAMOWICZ V. IPSWICH 395 Mass. 757 (1985) Excerpts: Abrams, J. ... We conclude that the statute looks to the most recent instrument of record prior to the effective date of the zoning change. Our conclusion was prefigured in dicta from other cases. In Sturges v. Chilmark. 380 Mass. 246, 261 (1980), a declaratory judgement was sought as to the effect of the phrase "adjoining land" contained in the exemption provided by G.L. c. 40A, s.6. As in the instant case, all of the Sturges lots were held in common ownership at the time the plan creating the lots was recorded. Although our discussion of the provisions of s.6 other than the meaning of "adjoining land" was dictum, we said, "Section 6 is concerned with protecting a once valid lot from - 4 - being rendered unbuildable for residential purposes, assuming the lot meets modest minimum area—and frontage... requirements." Sturges v. Chilmark, spura at 261. That language supports the construction that the status of ownership of a lot is determined as of the date of the zoning change. Other decisions by this court and the Appeals Court also assume this interpretation, but did not base their conclusions on this ground. See Warren v. Zoning Board of Appeals of Amherst, 383 Mass. 1; 7-8 (1981);Girard v. Board of Appeals of Easton, 14 Mass. App. Ct. 334, 336-337 (1982). See also Sieber v. Zoning Board of Appeals of Wellfleet, 16 Mass. App. Ct. 985 (1983). Finally, in Carciofi v. Board of Appeals of Billerica, 22 Mass. App. Ct. 926 (1986), the Court noted that even if separate lots. came into.common ownership at a later date, the lots would still be protected if they had been separately owned at the time of the zoning change. Carciofi dealt with two adjoining substandard building lots numbered 2 and 3. In 1951, Lot 3 was owned by Carciofi and in 1953 Carciofi and Richard Gertz acquired Lot 2 as tenants in common. In 1956, the zoning bylaw was amended making the lots substandard. However, the bylaw also contained a grandfather provision for separate lots. In 1959, Carciofi caused Lot 3 to be conveyed to himself and his wife Rose as tenants by the entirety. In April of 1962, Gertz conveyed his interest in -Lot 2 to Carciofi and his wife as tenants by the entirety. Thus, at that time, Lot 2 was owned one-half by Carciofi and his wife as tenants by the entirety, and one-half by Carciofi individually. On November 7, 1980, Carciofi was on Lot 2. A"Superior Court judge ruled fathered and that Carciofi was entitled The Massachusetts Appeals Court Agreed. - 5 - denied a frontage variance that Lot 2 was grand - to a building permit. CARCIOFI V. BOARD OF APPEALS OF BILLERICA 22 Mass. App. Ct. 926 (1986) Excerpts: we agree with the judge. As noted, the parties agree that in 1956 lot 2 was protected although nonconforming as to frontage. The grandfather clause of the 1956 by-law had a proviso that "such lot did not at the time of the adoption of this amendment adjoin other land of the same owner available for use in connection with such lot." The proviso of course did not apply to the situation in 1956. Neither did it apply after the conveyances of 1959 and 1962: First, there was no single ownership of both lots at the time (or at any time), as lot 3 was owned by Carciofi and wife as tenants by the entirety, while lot 2 was held in the different ownership above described. Second, even if it be assumed that in some rough sense the two lots were owned by "the same owner" in 1962, the lots were not so owned at the time of the adoption of the amendment in 1956, as the text of the proviso specified. Chain of Title Robert M. Gilbert Map 55 Parcel 17 35 Bixby Avenue Plan: Essex North Registry of Deeds Plan 0408, Book 248, Page 600 Lots 7&8 DATE BOOK PAGE 12/06/41 Peter Baginski to Leonard Firth 647 441 NOTE: In 1943 the Town of North Andover adopted a Zoning By -Law. On said date Lots 7 & 8 did not meet the newly adopted lot area, width and frontage requirements. Said Lots were however held in common ownership and therefore were merged into one lot (now Parcel 17) for zoning purposes. Notwithstanding said merger, said Lot (7 & 8) still did not meet the dimensional requirements of the newly adopted zoning by-law. However, said Lot (7 & 8) was, prior to the effective date of said By - Law, lawfully laid out and shown on a plan dated May 1906 duly recorded with the Essex North Registry of Deeds as Plan No 0408 at Book 248, Page 600. In 1943 when the Zoning By -Law was adopted, said Lot (7 & 8) did not then adjoin other land of the same owner, vacant and available (emphasis added), for combination with or use in connection with said Lot (7 & 8). 07/28/45 Leonard Firth to George H. Fielding & Gladys A. Fielding, husband and wife 675 395 (Lot 7 & 8) 06/02/80 George Fielding a/k/a George H. Fielding to Terence J. Landers 1437 159 (Lot 7, 8 ,9 & Pt 10) NOTE: On August 10, 1945, title to Parcel 16 (Lot 9 & Pt 10) stood in the name of George Fielding, individually and title to Parcel 17 (Lots 7 & 8) stood in the names of George H. Fielding and Gladys A. Fielding as husband and wife and thus, despite the apparent commonality of ownership, said Lots were, as defined by law, nevertheless separately owned. Whereas, both Parcels were separately owned and described on separate deeds at the time of the adoption of the 1943 Zoning By -Law each Parcel acquired and has retained the status of a pre-existing, grandfathered, non- conforming lots. In 1956 the Town of North Andover adopted an amendment to its Zoning By -Law increasing the dimensional requirements for lot development. However, said amendment did not affect the status of Parcels 16 and 17 as pre-existing, grandfathered, non -conforming lots. This is due to the fact that Parcel 16 had been previously developed in 1950 with a single family residence and said Parcel 16 and Parcel 17 still remained separate under law despite the apparent commonality of ownership. Particular reference is made to Carciofi v. Board of Appeals of Billerica, 22 Mass. App. Ct. 926, (1986) wherein the Court noted "that even if separate lots came into common ownership at a later date, the lots would still be protected if they had been separately owned at the time of the zoning change"(being the 1943 Zoning By -Law and the 1956 Zoning Amendment). Carciofi deals with the identical situation of a husband owing one lot with the husband and his wife owning an adjoining lot. NOTE: By, the, deed June 2, 1980, Parcel 16 and 17 came into a true common ownership. However, Parcel 16 had previously been developed in 1950 with the construction of a single family dwelling. Parcel 17 has remained an undeveloped pre-existing grandfathered Lot not adjoining other land of the same owner, vacant and available (emphasis added), for combination with or use in connection with said Lot. Reference is made to Willard v Board of Appeals of Orleans, 25 Mass. App. Ct. 15, 18 (1987), in which the appeals court noted that "there is nothing on the face of the fourth paragraph (of M. G. L. ch 40 A, s.6) to suggest that it was intended to apply to anything but vacant land (emphasis added)." This conclusion is entirely consistent with the legislative history of the provision, including the DCA Report which states that the predecessor version of this provision in the old Zoning Enabling Act was addressed to "undeveloped lots" and lots on which construction has not yet commenced." 11/16/83 Terence I Landers to Thomas Mason Young 1749 63 03/05/91 Thomas Mason Young to Scott A. DiForte & Lisa M. DiForte 3227 129 06/29/98 Scott A. DiForte & Lisa M. DiForte to Francis B. Welch 5102 65 07/24/00 Francis B. Welch to Robert M. Gilbert 5815 333 *PARCLIST* MASSACHUSETTS DOR PARCEL LISTING PARCEL ID: 210/055.0-0017-0000.0 SALE DATE: 0000 PARCEL LAST UPDATED : 9/30/99 ACTIVE Y - YES ROAD -TYPE T - TWO-WAY STATE -USE -CD 1330 - RES -DEV -LAND ROAD-CONDTN P - PAVED PAR -ADD -NO -1 0 TRAFFIC M - MEDIUM PAR -ADD -NO -A WATER PAR -ADD -NO -2 SEWER PAR -ADD -ST -1 BIXBY AVENUE SALE -PRICE 1.19900 PAR -ADD -ST -2 SALE -DATE 6.301996 NAR-ADD-CMTY ')ALE -TYPE L - LAND OWNER -NAME -i WELCH, FRANCIS B SALE -BOOK 05102 OWNER -NAME -2 SALE -PAGE 0065 OWNER-ADDR-1 35 BIXBY AVENUE CERT/DOC OWNER-ADDR-2 GRANTOR SCOTT DIFORTE OWNER -CITY NORTH ANDOVER VERIF-SOURCE D - DEED OWNER -STATE MA SALE -VALID R - NO-MULTISALE OWNER -ZIP 01645 VISIT -DATE 5111999 OWNR-COUNTRY MEASURF-OATE TOT-LND-AREA i6 ENTRANCE TAX -CLASS T - TAXABLE INFO -SOURCE RES -EXEMPT COLLECTOR -ID JBS tx*a VALUATION 4 1 'LAST UPDATED 12i 2190 COST -TOTAL 62100 GROSS -INCOME RCN 0 TOT -EXPENSES RCNLD 0 NET -INCOME :;OST -BLDG 0 i:AP- iNCOME COST -LAND 62106 TOT -INC -ESI COST-DAIE 11152000 FINAL -VALUE 62100 **** LAND k 1 LAST UPDATED :10/24144 LAND -TYPE P - PRIMARY T.NFLUENCE-1 STATE -USE -CD 130 - RES -DEV -LANG INFI-ADJ-AMT VALUE -METHOD S - SQUARE -FOOT INFl-ADJ-PCT 90 FRONTAGE INFLUENCE -2 DEPTH ZONE R4 - MLTI-FAM-RES SQUARE -FEET 7157 NBHD-CODE 4 ACRES NBHD-CLASS 4 05/07/0i PAGE INSPECT -REAS REINSPECTION DATA-CNG-TYP DATA-CHG-DTE MEMO -i MEMO -2 MEMO -3 MEMO -4 MEMO -5 PCT -RES -BLD PCT -CON -BLD PCT -IND -BLD PCT-RES-LND PCT-COM-LND PCT-IND-LND NBHD-CODE NBHD-CLASS TOT -FIN -AREA LAND -VALUE 6L DG -VALUE PRI-TOTI-VAL PRI-LAND-VAL PRI-BLDG-VAL TOPOGRAPHY SOUND -VALUE LAND -VALUE INCOME -FLAG LAND -CLASS ADJ OWNER 00055 00017 00000 a 4 62100 tl -51L00 51200 0 62106 I - • i. .%� *, LOt • - ,fii� I�:S �,� Its 4 h' Zt :. V �* ..4 a r '` 4 Silbd: No. 7 $ . 4 Plan No. '�' 55 'Lot No. F• rr . Owner: Morla2-d Firth' ! � `� _ Dna LAND VALUATION el G & 675-395 45 Area Rate Value ��►.1 moo,��prc 1 r J I 3�-IS�i lq&U Front Rear 9 (7 Cor. Enhancement -- Total Area Value 72 d U W 72157 sq/ft. Phys. Depr. ? Net Land Value -7.)00 O BUILDING VALUATION Z BUILDING DESCRIPTION - Building Reprod. Cost Depr. Cl. Sound Value ' Q W Age No. Stories Assr's Class Remod. No. Rooms Area N = U) Condition Rent Area Add't'ns Q Exterior Description Interior Description O (L, Use Exterior Walls Basement Dese. Plumbing Z O Single Dwg. Double Dwg. Clapboards Wood Shingles None Part None No. Baths LL 0 Duplex Dwg. Asbestos Shingles Siding Full Cement Floor No. Toilets Modem Pl. COMPUTATIONS OApartment. ar Store Bldg. Face Brick Earth Floor Fin. Rooms Old Style Office Bldg. Common Brick Z O Factory Warehouse Con. Block Stucco Interior Walls Heating m Garage Roof Type Plastered Plaster Bd. Stoves Hot Air (gray-) O Construction Gable Composition Bd. Brick Hot Air (forced) Steam 0 pipe) f Wood Frame Steel Frame Hip Flat Wood Steam (2 pipe) r l Brick Brick VeneerMansard Gambrel Floors HotWater(gray.) Hot Water (circ.) Reinf. Concrete Dormers Common Hard Wood Cl ire O laFvedd Con. Block Mill Const. Roof Covering Reinf. Con. Gas Fired Wood Shingles Concrete Slab Stoker Foundations Concrete Asphalt Shingles Asbestos Shingles Lineoleum Asphalt Tile Miscellaneous Con. Block Stone Slate Tar & Gravel Attic Rooms No. Fireplaces Type Insulation Brick Metal Roll Asphalt Number Walls Tiled Baths Wood Sash REMARKS Piers Poets Floors Metal Sash _... _........... -.... Lot �P As>rs s Ass'rs I r -s Address Subd. No. `" Plan No. Lot No. 9 r• D (d^I /Q LAND VALUATION Owner:ite l cA Rate Value Area -7 S Ote 4.1 Front .. _Rear Cor. Enhancement ` /\ BUILDING DESCRIPTION Total Area Value d2�. �Y Age No. Stories Assr's Class 1 5 Area Phys. Depr. Land Value. 5; In Remod. NoRooms Net 0 Condition Rent Area Add't'ns BUILDING VALUATION O O Exterior Description Interior Description Reprod. Cost Depr.. Cl. Sound Vail Z Building (n Q Use Exterior Walls Basement Deac. None Plumbing W Single Dwg. Double Dwg. Clapboards Wood Shingles Part Full No. Baths No. Toilets u) Duplex Dwg. Asbestos Shingles Siding Cement Floor Modern PI. F Q Apartment Store Bldg. Face Brick Earth Floor Rooms Old Style Office Bldg. Common Brick Fin. OFactory LL Warehouse Con. Block Stucco interior Walls Plastered Heating Stoves Z O Garage Roof Type Plaster Bd. Hot Air (gray.) Composition Bd. Hot Air (forced) COMPUTATIONS LL Construction Frame Gable Brick Steam (1 pipe) O Wood Frame Steel Fra St F, t Wood Steam (2 pipe) HotWater(gra v.) Q Brick Brick Veneer Gambrel Mansard loors Hot Water (circ.) Coal Fired Z O Reinf. Concrbte Dormers Con. Block Common Hard Wood Con. Oil Fired Gas Fired m Mill Const. Roof Covering Reinf. Concrete Slab Stoker O Foundations Wood Shingles Asphalt Shingles Linoleum Asbestos Shingles Asphalt Tile ' Concrete Con. Block atone state Tar & Gravel Attic Rooms Lighting Electric Gas Brick Metal Number Piers Roll Asphalt Walls Floors Posts Miscellaneous No. Fireplaces Aecessory Bldgs. Area Const. Roof Floor Type Insulation Tiled Baths Wood Sash Metal Sash REMARKS L t ied ata.` he Inhabitants of the Town of North Andover, a municipal corporation Inhabitants yR. U Essex County, Massachusetts, for consideration paid, grants to Leonl of Town of their h- and Firth of said North Andover with aUITCLAIM covenants the land in North Andover id North Andover, the description of which is as follows: Lots #7 to (3e" nd #8 as shown on plan of land entitled "Plan of Land belonging to Firth (aelonzo Bixby, North Andover", which plan, originally recorded at the /; 1 7 7/�1'1 Then p ; ,.Y gistry of Deeds for the Northern Registry District of said Count in vj :dged t}3 },ok 248, page 600, is.now Desk Plan #0.408 at said Registry of Deeds. * U. S. * I. R. G.Hud ing the same premises conveyed to Peter Baginski by James M.;Hayes * Stamp * $ .55 deed recorded at said Registry of Deeds in Book 486,,page 552. See *Cancelled* A; i Exam`9, nal decree of the Land court in Tax Lien Case No. 20000, notice of *********** ich is recorded at said Registry of Deeds, in Book 641, page,1422. ctgage:j is conveyance follows a sale of the granted premises made at public etion, under the provisions of St. 1938, c. 358, as amended,by Jame idge 119 Essex N^ `Maker, Treasurer of the said Town of North Andover, he having been tisfacti pointed "Custodian" of the said premises by the Selectmen of,the sail ay of D= own of North Andover at a:meeting of the said Selectmen duly held on d Aril 14, 1941. IN WITNESS 7=1REOF the said Inhabitants of th'e Town x .y, North Andover has caused its corporate seal to be hereto affixed d these presents to be signed, acknowledged and delivered in its na "d behalf by James J. - ---"-- zed,thi instrum„ 'xth day of December i i forty isuranoe e. rporate) fission a igned and sealed in tb eal ) The Commonwealth nd Exami,,. etts. Bssex,ss. Dece personally # an Y .. P Y aPPear�<. hrer,an assachus", 'oknowledged the foreg( Teed of 7 husband'... ae Inhabitants of the H. 1937, and, lisbury, 2d. Justice tUst 16, )10, page .: 47. (Seal) . ,the said ,, sex,ss. Received Dec amined. >e hereto:` `.,Peter Bagi4ski, otherwise known as Peter Bagienski, of Nortt► Andover chis seco Baginski ik(Corpor. yex County, Massachusetts, being unmarried, for consideratio paid, to ( Seal.. nt to Leonard Firth of said North Andover, with ;QUITCLAIM a venantE Firth e land in said North Andover, the description of which is aspfollow d aoknowl' s #7 and #8 on plan of land entitled "Plan of Land belonging to he,Merr:i_ nzo Bixby, North Andover", which plan, originally recorded at the Ptiblio.'L istry of Deeds for the Northern Registry visirict of Essex uounty nd.;V Pock 248, page 600, is now Desk Plan #0.408 at said Registr� of ;w gds. Being the same premises to me conveyed by James M. Hayes by ied at WI TIP their ; (s (s Then p ,dged t . G. Hue i Exam: ctgage ., idge Mu Essex r tisfac:; .ay , of I isuran fission nd assacnusg9 husband 1937,anal )10 , page ,the said,!' >e hereto,A chis'secOX ik(Corport, ( Seale d a he, Public nd axed Inhabitants of the Town of North Andover, a municipal corporation Essex County, Massachusetts, for consideration paid, grants to Leon I Firth of said North Andover with aUITCLAIM covenants the land in ld North Andover, the description of which is as follows: Lots #7 1 #8 as shown on plan of land entitled "Plan of Land belonging to >nzo Bixby, North Andover", which plan, originally recorded at the ;istry of lieeds for the Northern Registry District of said County in )k 248, page 600, is,now Desk Plan #0.408 at said Registry of Deeds. ing the same premises conveyed to Peter Baginski by James M..Hayes deed recorded at said Registry of Deeds in Book 486,;page 552. See nal decree of the Land Court in Tax Lien Case No. 20000, notice of i ich is recorded at said Registry of lieeds, in Book 641, page!422. is conveyance follows a sale of the granted premises made atjpublic otion, under the provisions of St. 1938, c. 358, as amended,by Jame Maker, Treasurer of the said Town of North Andover, he having been pointed "Custodian" of the said premises by the Selectmen ofthe sal wn of North Andover at a meeting of the said Selectmen duly held on ril 14, 1941. IN WITNESS 11!HEREOF the said Inhabitants of the Town North Andover has caused its corporate seal to be hereto of ixed A these presents to be signed, acknowledged and delivered in its nan id behalf by James J. Maker, its treasurer hereto duly author zed,thi ;xthday of December in the year one thousand nine hundred an forty - 1 I )The Inhabitants of the `Co5Cporate .geed and sealed in the presence )Town of North Andover ( eal The Commonwealth of Massachu-)by James J. Maker Itts. Essex,ss. December 6, 1941) Treasurer }en personally appeared the above named James J. Maker, Treaslrer,aw sknowledged the foregoing instrument to be the free act and deed of I ze Inhabitants of the Town of North Andover, before me, Arnold H. ►lisbury, 2d. Justice of the Peace. My commission expires AugLst 16, W. (Seal). gsex,ss. Received Dec.9,1941 at 15m past 2P.M. Recorded and Examined Peter Bagi4ski, otherwise known as Peter Bagienski, of North Andov ex County, Massachusetts, being unmarried, for consideration paid, nt to Leonard Firth of said North Andover, with +QUITCLAIM clivenant land in said North Andover, the description of which is as f0110% s #7 and #8 on plan of land entitled "Plan of Land belonging to ,nzo Bixby, North Andover", which plan, originally recorded lat the ;ietry.of Deeds for the Northern ttegistry vistrict of Essex lounty hook 248, page 600, is now Desk Plan #0.408 at said Registr of ids. Being the same premises to me conveyed by James M. Ha es by Inhabitants of Town of North Andover to Firth Y 7/yyi *********** * U. S. * I. R. * Stamp * $ .55 *Cancelled* * * *********** Baginski to Firth i A 442 deed recorided at said Registry of Deeds in Book 486, page 552. The 0 i sideration for this deed is less than one hundred dollars, WITNESS m hand and seal this sixth day of December, 1941.s The Commonwealth of massachusetts)Peter Bagienski (seal) Essex,ss.i December 6, 1941. Then personally appeared the above nami Peter Bag�nski, otherwise known as Peter Bagienski, and acknowledged the foregloing instrument to be his free act and deed, before me, Arne H. Salisbi ry, 2d. Justice of the Peace. My commission expires April ■ 1941. (Sl). ea Essex,ss. Received Dee.9,1941 at 15m past 2P.M. Recorded and Examine of the Town of North Andover, a municipal corporatioi InhabitantsThe Inhaiitants of Town of in Essex;County, Massachusetts, for consideration paid, grants to Le r'irth of said North Andover with 0,UITCLAIM covenants the land in North Andover and to said North Andover, the description of which is as follows: Lot #44 Firthplan of and entitled "Plan of Land owned by Mrs.E.S. Sargent in Nor Andover", which plan, originally recorded at the Registry of Deeds f the Nort ern Registry District of said County, in Book 43, page 600; *********** * Desk Plan #0.33 at said Registry of Deeds. Being the same prem: * Ti. S. now * I. R. *recorded * to John Smith by deed of Eliza M. Phinney, at so: * Stamp conveye * $ .55 *Cancelled* Kegistry of Deeds, in Book 237, page 369. See final decree of the' * Court i Tax Lien case #20392, notice of which is recorded at said. istry of Deeds, in Book 645, page 305. This conveyance follows a s of the granted premises made at public auction, under the provision St. 1938, c. 358, as amended, by James J. Maker, 'Treasurer of the a Town oflNorth Andover, he having been appointed "Custodian" of the premises by the Selectmen of the said Town of North Andover at a mi iag of 4s said Selectmen duly held on April 14, 1941. IN WITNESS WHEREOPithe said Inhabitants of the Town of North Andover has causi its corporate seal to be hereto affixed and these presents to be s acknowledged and delivered in its name and behalf by James J. Make Treasurer hereto duly authorized this sixth day of December in the one thousand nine hundred and forty, one. ' Signed and sealed in the presence )The Inhabitants of the (Corpoi of -. The Commonwealth of Massachu-)Town of North Andover ( Sea: setts., Essex,ss. December 6, 1941)by James J. Maker Then personally appeared the above ) Treasurer named James J. Maker, Treasurer, and acknowledged the foregoing i ! ment to be the free act and deed of the Inhabitants of the Town o ,i �,, P.rI T,istice of the ersonally appeared the above named Daniel J. Murphy and Frederick ,itchell and acknowledged the foregoing instrument to be the free act ad deed of Arlington Trust Company, before me, Helen C. Collins, Nota ,y Public. My oommission expires Dec. 20, 1946. (Notarial Seal). :ssex ss.Received Aug -30,1945 at 6m past 11A.M. Recorded and Examined. W ALL MEN BY THESE PRESENTS, that the Lawrence Savings Bank, holder the within mortgage, acknowledges satisfaction of the same. IN WIT- S WHEREOF, the said Lawrence Savings Bank has caused its corporate L1 to be hereunto affixed, and these presents to be subscribed by it mourer, this thirtieth day of August, A. D. 1945. omonwealth of Massachusetts. Es- )Lawrence Savings Bank `Corporate) C as. Aug. 30th, 1945• Then per -;By Harold S. Buckley ( Seal ) sally appeared the above named ) Treasurer cold S. Buckley, Treasurer, and acknowledged the foregoing instrumen be the free act and deed of the Lawrence Savings Bank, before me, tilde. G. Caliri, Notary Public. sex ss.Received Aug -30,1945 at 12m past 11A.M. Recorded and Ekamine • i Discharge i i I Lewreaoe Say.Bank to Blsok et , coni . Mort. Rec. ` B.612, P!95. d [, Leonard Firth of North Andover, Essex County, Massachusetts,Ifor oonsideration paid, grant to George H. Fielding and Gladys A. Fielding husband and wife, of said North Andover, as tenants by the entitety, with QUITCLAIM covenants the land in said North Andover, being idesarib ed as follo�vs: Lots #7 and #8 as shown on plan of land entitled "Plan of Land belonging to Alonzo Bixby, North Andover", which plan is recor ed with North District Registry of Deeds and numbered 0.408. Meaning and intending to convey and hereby conveying the premises descAbed in deed from Inhabitants of Town of North Andover to the grantor, dated December 6, 1941, and recorded with said Registry of Deeds, bo .k 647, page'441. See also deed from Peter Baginsky to the grantor dated De- oember 6, 1941, and recorded with said Registry of Deeds, book'647,Pag 441. I, Hannah Firth, wife of said grantor, release to said g antee all rights of DOWER and HOMESTEAD and other interests therein. WITNESS our hands and seals this twenty eighth day of July, 1945• i In the presence of Elwyn A. King )Leonard Firth (to L. F.). The Commonwealth of )Hannah Firth J 1 28 1945 Then personally app Bred th Massachusetts. Essex as. u y , ;above named Leonard Firth and acknowledged the foregoing instrument to �.be his free act and deed, before me, Elwyn A. King, Notary Public. My roommiasion expires August 11, 1950• Essex ss.Received Aug -30,1945 at 40m past 11A.M. Recorded and Examined Firth' i to Fielding at ux'i • i * U. S. * I. R. * Stamps * 6.;55 *Can6elled* *********** A I � Chain of Title Joseph A. L. & Marie P Map 55 Parce Z 30 Wiley Court Plan: Essex North Registry of Deeds Plan 0408, Book 248, Page 600 Lot 17 DATE BOOK PAGE 10/31/42 Habdel T. Fary to F. Lucy Koroskys & Mary A. Koroskys 654 484 10/10/63 Mary A. Hayward, f/k/a Mary A. Koroskys to Faye L. Averka (F. Lucy Koroskys) 996 114 10/09/67 Faye L. Averka (F. Lucy Koroskys) to Joseph A. L. & Marie P. Berube 1092 339 toARCLIS V MASSACHUSETTS DOR PARCEL LISTING OT - OTHER ` PARCEL ID: 210/055.0-0013-0000.0 SALE DATE: 000() MEMO -2 $ PARCEL MEMO -3 LAST UPDATED : 6/18/97 ACTIVE Y - YES ROAD -TYPE T - TWO-WAY STATE -USE -CD 104 - TWO -FAM -RES ROAD-CONOTN PCT-RES-LND P - PAVED PAR -ADD -NO -1 30-32 TRAFFIC. M - MEDIUM PAR -ADO -NO -A NBHD-CLASS WATER TOT -FIN -AREA 2284 PAR -ADD -NO -2 SEWER PAR -ADD -ST -1 WILEY COURT SALE -PRICE PAR -ADD -ST -1 SALE -DATE 1011967 PAR-ADD-fMTY :TALE -TYPE OWNER -NAME -1 BERUBE. JOSEPH A L SALE -BOOK 01092 OWNER -NAME -2 MARIE P BERUBE :SALE -PAGE 0339 OWNER-ADDR-1 30 WILEY COURT CERT/DOC OWNER-ADOR-2 GRANTOR OWNER -CITY NORTH ANDOVER VERIF-SOURCF OWNER -STATE MA SALE -VALID N - NO -OTHER OWNER -ZIP 01845 VISIT -DATE 5301997 OWNR-COUNTRY ,TS MEASURE -DATE 530i997 TOT-LND-AREA .16 ENTRANCE X - EXTRIOR-ONLY fAX-f LASS T - TAXABLE !NFO -SOURCE N - NONE RES -EXEMPT COLLECTOR -ID JS VALUATION # i LAST UPDATED : 121 2/90 COST -TOTAL 162600 GROSS -INCOME RfN 121857 TOT -EXPENSES RCNLD 82863 NET -INCOME COST -BLDG X3600 CAP-iNCOME COST -LAND 68952 TOT -INC -EST COST -DATE 11152000 FINAL -VALUE 162600 $ LAND # 1 LAST UPDATED 121 2%90 LAND -TYPE P - PRIMARY INFLUENCE -1 STATE -USE -CD 104 - TWO -FAM -RES INF1-ADJ-AMT VALUE -METHOD S - SQUARE -FOOT INFi-ADJ-PCT 100 FRONTAGE INFLUENCE -2 DEPTH TONE R4 - MLTI-FAM-RES SQUARE -FEET 7110 NBHD-CODE 4 ACRES NBHD-CLASS 4 05/07/01 PAGE t INSPECT -REAS M - MAINTENANCE REINSPECTION N - NO DATA-CHG-TYP OT - OTHER fiATA-CHG-UTE '301997 MEMO -1 DOL STUDY ADD DECK MEMO -2 67200 MEMO -3 MEMO -4 MEMO -5 000.55 00013 00000 PrT-RES-BLD PCT -COM -BLD PCT -1ND-8L0 PCT-RES-LND PCT-COM-LND PCT-IND-LND NBHD-CODE 4 NBHD-CLASS 4 TOT -FIN -AREA 2284 LAND -VALUE 6900() BLDG -VALUE 9360 PRI-TOTL-VAL 124100 PRI-LAND-VAL 56900 PRI-BLDG-VAL 67200 TOPOGRAPHY SOUND-VALUF LAND -VALUE 08952 INCOME -FLAG LAND -CLASS r *PARCLIST; MASSACHUSETTS DOR PARCEL LISTING 05107/01 PAGE PARCEL iD: 2101055.0-0013-0000.0 r SALE DATE: 0000 (CONTINUED) RESIDENCE k i LAST UPDATED : 6/ 5%97 SKETCH SEE SKETCH BSMT-TYPE CARPORT-SQFT STATE -USE -CD 104 - TWO -FAM -RES BSMT-AREA 399 PORCH -TYPE -1 P - PORCH OCCUPANCY 2 BSMT-GRADE PORCH -AREA -1 9i BLDG -STYLE DK - DECKER FN-BSMT-AREA GRADE-FCTR-1 CONVERSION FN-BSMT-GRAD PORCH -TYPE -2 S - SCREEN STORY -HEIGHT 2.35 TOTAL -ROOMS 9 PORCH -AREA -2 91 ROOF -TYPE H - HIP NUM -BEDROOMS 5 GRADE-FCTR-2 ROOFING AS - ASPHALT-SHNG FULL -BATHS 2 PORCH -TYPE -3 W - WOOD -DECK. EXT-WALL-TYP AV - ALUMNM-VINYL HALF -BATHS PORCH -AREA -3 i52 MASONRY -TRIM EXT -BATH -FIX GRADE-FCTR-3 FOUNDATION ST - STONE BATH -QUALITY T - TYPICAL MISC-ATT-STR HEAT -TYPE ST - STEAM EXT -KITCHENS MISC-STR-VAL FUEL -TYPE ;a - iiIL KITCHEN-QUAL T - TYPICAL MISC-STR-VL2 FIREPLACES INT-CONDTION A - AVERAGE LENGTH STACKS EXT-CONDTION A - AVERAGE WIDTH HEARTH OVERALL-COND A - AVERAGE MEMO CENTRAL-AiC N - NO OVERALL -GRAD A - AVERAGE PRY -PCT -GOOD MAIN -FN -AREA 1142 YEAR -BUILT 1890 FUN -PCT -GOOD 100 ijPPR-FN-AREA 1142 EFF -YR -BUILT 1957 Ei;N-PCT-GOOD ADDL-FN-AREA BSMT-GAR-CAP PCT -COMPLETE ADD -FN -GRADE BSMT-GAR-SF 8LOG-FACTOR l.i3 UNFHSHD-AREA ATT -GAR -CRP RMAIN-PCT-GD 68 ATTIC ? YES ATT-GAR-SQFT 5OUND-VALUE -8-------------3"0----------5 T i i. BASE NO I W12 i SEC. STORIES AREA PERIM ERR VEC 16 iF i FFaO.35:SL30D12R6D12L2D10R2D9R IW i i FFB 0.35 1142 154 i *6-4 i 202R9U2R13U43/W:L30SL8D16R14U4 W 1.00 1.52 60 i Wi i PS i.OA 91 40 ---14----t i L01205:043SD7L13L 12 i AREA BY STRUCTURE TYPE: iF 43 i Fi MAIN -FN -AREA 1142 2* i UPPR-FN-AREA 1142 T i RASEMNT-AREA 399 10 i PORCH 9i iF i SCREEN -PORCH •?1 2 i WOOD -DECK 152 9F i I i 2-2F F2 --- 13 ---- I 1 P t i. [ w i 484 esy j:.instrument to be their free act and deed, before me, Joseph Monette, _ Notary Public. My commission expires May 5, 1944. Essex,ss.Received Oct. 31, 1942, at 11 A. M. Recorded and Examined. a Discharge d KNOW ALL MEN BY THESE PRESENTS, that the Lawrence Savings Bank,holder I Lawrence of the within mortgage, acknowledges satisfaction of the same. IN WIT- Say.Bank NESS WHEREOF, the said Lawrence Savings Bank has caused its corporate be hereunto affixed, and these presents to be subscribed by its to seal to Fary Treasurer, this thirty first day of October A. D. 1942. Mort. Ree. Commonwealth of Massachusetts. )Lawrence Savings Bank `Corporate) B.634, P.190. Essex,ss. Oct. 31, 1942. Then )By Harold S. Buckley ( Seal )i personally appeared the above } Treasurer 11 named Harold S. Buckley, Treasurer and acknowledged the foregoing in- I strumeAt to be the free act and deed of the Lawrence Savings Bank,be- ! i !j fore m�, Matilda G. Caliri, Notary Public. Essex,ss.Received Oct.31,1942,at lm past 11 A.M.Recorded and Examined.) Fary I, Hab4el T. Fary, of Salem, Rockingham County, New Hampshire,for con - to !i sideration paid, grant to F. Lucy Koroskys and Mary A. Koroskys,both Koroskys of Nor h Andover, Essex County, Massachusetts, as joint tenants and �i et al it not ashtenants in common, with QUITCLAIM covenants the land with all ;i the bu)dings thereon, situated on the southeast side of Wiley Court in sai North Andover, being lots numbered sixteen and seventeen on * U. S. * I. R. * i� Plan of "Alonzo Bixby" recorded in the North District of Essex Regis - Stamp * l * $7.15 * try of Deeds, book 248, page 600, BOUNDED as follows: Northeasterly *Cancelled* *********** seventy nine feet by lot No. 18 on said plan; southeasterly ninety fee' by lots No. 8 and 9 on said plan; southwesterly seventy nine feet by j� lot No. 15 on said plan; and northwesterly ninety feet by Wiley Court j as laid out on said plan; being the same premises conveyed to me by _ II I the Lawrence Savings Bank by deed dated September 23, 1940, recorded i in said Registry of Deeds, book 634, page 190. I, Christina L. Fary, i f wife of said grantor, release to said grantees all rights of DOWER and �I HOMESTEAD and other interests therein. WITNESS our hands and seals this 31st day of October 1942. )Habdel T. Fary (seal) The Commonwealth of Massachu- )Christina L. Fary (seal) jj setts. Essex,ss. October 31, 1942. Then personally appeared the above named Habdel T. Fary and acknowledged the foregoing instrument ! to be his free act and deed, before me, Walter C. Tomlinson, Notary = �I Public. My commission expires January 22, 1944. Essex,ss.Received Oct.31,1942,at lm past 11 A.Ivi.Recorded and Examined, �+ 9 6 , 5 +5,: S+1 1 � 1'r. t ,4} • t�h, Dee emlv;r 19 62 F?AGt {t rNStJ ,+ ld++/r. Then per3onally apIAte ` '.tit. Ve narsied; Albert A. foitraa rr4t ki+i, f y4 I l i 4 and acknowledged tlir,itiregbinglFtnstrument,to•be ' hia free act and deed, before m y s ...... c�r4x......x . lIMISS!Otl Cp• -;•,pec } ix' sse�t, g F?ekcor'de,a Oct. 15, 1963 at 36m past 4P.M. #449 • { 1lS+A7 A:'SYJ rhl� ' iYf Siti7:r(•^P `�+: l�* r 't„ � "'.' - l tiy,+ 4 V�p _pg X. y 4 ,I rn .4. - ,fix i{ rMAi?I~�pr��)AYT1D,; of Anaheim, Orange County, California ��p ��'� 0.`✓• � , x t%1 rky+a.�,p PiF s �.� �..J,.'n 4,'t# ry;- kt'rtxf ° ,. ;: l �. .. 4 a s� x" formerly Marel A* - Orbskys of ..North Andover, Essex County, Massa . f rli' 08bC S7P(i1i06C1t16. bei» WWiarried, for;consideration paid; grant to FAYE L. AVLR$A .,. (F. jGo�osK�s� N ft.. F rti {i of said North' Andover', Essex County, Massachusett�lthtluttclntm rriurunnls a{ the land i7p[ with. all ' the buildings thereon situated on the southeast + (Description and encumbrances, if any) s&@ of Wiley. our in said North Andover, being lots numbered six tc teen, and seventeen. on Plan of "Alonzo Bixby" recorded in the North "- District of Ubtx.Registry 'of Deeds Book 248, Page 600, bounded as: !' -follows: NORTHEASTERT,,Y seventy-nine meet by lot No. 18' on said plan, r `�. ..t�n.AeS.,.nv'.. �r.�i.. If 13;,,r...._,.••,,•$�U�i�.i1.�''T�'.iiLY��. - niitd4i:v 1'6n•F: l�v..ln�t-n �Mn.. Ckelrir5: Cl �i.'r1� r. `,`07 �`;Si,''.:Lh 6:'n )',i.!•i il.,. � r1 sM1 y: .,s ,i lAti � Y �i P w�. j o. Rfn� a ^, r�;i� r �rsx+. �� ;• t� �� .;lot Nr .r., 'sev@nty�nin@ :'• o i • 15 ��Pt�nk $aid.'�i1Lq.n,d NO� r �M'`•� " _.:� {%n,rty�'+ a 6�(vr,'',h�' p°f� °� _'.''p .its rY .! r NOR m- ., ninety iaei, by Wiley Court ,�s,;;laid; i � �;'. �'��rqk Peiiyy�i �R ���y }fk„y�aJ �r,•i +y.. ��Si �S!MF S �j�vakxlly),'r3 wfr �s Jf � 1 4��� r •. '� ,7, i , . r.:.. ;.V"i aMp!�(tl}�'i4���'y 1 ,kyr', W : ''• '.. ' I. '. �.}� +fq, fr ,tr + : qs , "v 1M@aaistg and intending to ''convey and hereby conveying d' ,A�t�#x,; q{�yI' ' G�,,a �/" (tr �w` to said grantee ally of the undivided one halther-I ai 3 eat .uix�ed Y 1 , .� .� t rt r joint tenant with ,the aforesaid grant.@ by deeCl Prom Habdel , .r.� .•r. ,j' fin: s:•'.: .a. r alr..: r r<s Jr.�,?•q}}fir + ��f777i11 .. ., `rKw�iF�+� FarY to myself ani the`aforAsaic� grantee in'whiai deed xe ware#f� i ° t ; n 7r"'t,fi, ,Y`l Vit.. °k! scribed as F. Lucy goroskys .gnd Mary A. Koro,skys, aforesaid deed 4 7y t 6dY!tll P .if r Elir ii + ' '' f a i.. i .s 'r III it + ; R r s dated +October 1"` 1 2 and` record ed �t :..,.; .�._• :. 3 , 9'+ with''said Re iat of 1) 6' " �j�l;!I'��F z ; t "65�+t ;p�!6@'.484. Arid' o f,' FRANK S.''$AAN{aIARD� Jr. husband r '.Y+ fat I f said grantor, tenancy by the curtsey release to said grantee all rights of r end other interests therein, { � ` I i�GiSilC1,�7�2Xraa2i Wiftft vi olLr hand s and sear tl,is...tien�h.............. ....day of ... Qatob@.r........... 19p�i�r ,�if ,""� ,`'''' ,ti4t+�4eL.U,. rl•i0�"�t l`h' .......... +Yr�eaiii �i �'�,yt/ 5� . l� t. �/►.�/U !i' .1r° a�F�7/� x1?tf r f lI �% ri a ; krw&�neas to gna' o iure ' ..P,.S.iHC'.dlh of witness) ; y xt � r x • �. rr.l ::,!, r.l rt- •l. r. .,.... .Is.,II If— h, dildo r,r• incl! Ion 1..ml h,rl. :,r un! r!., .•I—I I(r .r.11 tJli[rn, : I.n.r!uu•, ui.... .Ir.l I „I.....ru�, .I, luillI:, •. 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I.. rn, ... ., 1I, Ir„ I I,• I,r Thr Idnl.luah and ulhnn dry nerd w .uW wlrr. c",. ,I Ihr In rl rding "n wurnl end nr, „l'.:,. .'h dl;r:l rh, ,,, ..T. ,•I IIM.1 .., I.. ,I u.l is 14 h, "','I. .wnT Ihr, ATII drl.I. .1I.II •a, Thar n,,, 1. DI,„ '•,•• .I I,),1<t/rl l-.•;1: :•t tal,t u11a.,. :h.rl Ih, ll(I,rd n. Ih. pT IduIK ul.uuu.. ..I I, till-• nalwn air iral. andMlhal Ihr p.•...1 Tug u..ln..... u1 :11^,�I ,jL•11'iy n'r•n II..1 Ih. ,..I r..lal.� .,'..I'alll�rd b, ILr .nllhunn ..f ;hr Iluanl DI Ilurlfun ul vld l nlol..Iu, � .,. ,•, '(. I\ I t,l ILII)\1 \,'IIF.H MI It I hav hrn unu, vl ul, h.uld 'and aflir(rd m,\nl.n ial .k•a1. el Ihr Cil, n1 vett 1911 .., .>°'lam r, CFRTIFICATE l.:\I.I c)N Sr,rc'(al) nl Ihr Sucnal'n INSt 9ANCF. (:,1\n ,\c ui IInHIrnHu, d,-'I•'r,•;ip rerrul' I:Uu)"hi , nIiT I,.Il rd Ill' hill '%I;uii lg •.)Ir, oil Vo%,cl oI :\I o II llc' ,fill (lie lot'cgoi I I); ,oil\' nl .dlld.l, it .T II I1 t'\,It I„ 'hr <aiii 11'"v�•' ^( \nln nl, „Ills I!n rui4il it, IIo%, nn till- ill tit(- home office of 1ht- ,.ud ( mnlmll,. .old Ihat IIIc ..enc TI,. loculi !.o;,(I-ip(s tit, 'll nlil and ,If Ihr "llo!I' III the ,:lilt ulll;in:ll,, .111,1 that the Dail! Io1,19 nl All"ITr1 11;1, nut "...v 1"rA—'i ^`I! ,Ow in lull Iru,r tell cl Irl 1. l\IUN1' \\'lll(REUP, I h.m. hefconlo set Iliv hand .,Ind I(liseci lilt- Neal d 1 , iii (:oi,,•)an.\' 111t,Ft 1:,, r)( J1.11 y Gssex,ss. l(ecorded Oct. 9, 1967 at 461n past 8A.M. f1224 W MEMO 1, 1I`.:Y'E L. AVERKA, C.F, LAU,6 rall<0.8Paj of North ,indover, Essex County, Artassadiusc'lls bring alopitorr:ed, Lu consideration paid, grant to JOSEPH A. L. BERUBE and MARIE P. Br:1t1113"., husband and wife, as joint tenants and not as tenants in common nor as tenants by the entii;gty, both of 30 Wiley Court, in 5oid North Andover, with quilrltliut ronviwii l till: l:ln(1 bax with all the buildings thereon situated on the southeast side of .Ji ley Court in said North Andover, being lots numbered X7)oatnt1J0a&xn rA*%K 4fXqxDd :;ixtt!en :tnll ,;eventeen on Plan of "Alonzo Bixby's recorded in the North Din(' rict of Essex Registry of Deed n, Book 214A, Page 600, u boun(ld a3 f,ol lows:-- i±va'1'i!r1'f.'>'Pi:R1Y :seventy-nine feet by Lot No. 18 on said plan; - ninety feet by lots No. 8 and 9 on said plan; 0UT1f''h;:STiil?LY seventy-nine feet by lot No. 15 on said plan; and ('1.',I"ti E,�)'TER1,Y ninety feet by Wiley Court as laid out on said plan. !feint; the same premises that were conveyed to me in the name of F. Lucy Koroskys and to my sister, Mary A. Hayward, for- merly Mary G. Koroskys, by 11abdel. T. Fary by deed dated October 31., 113/+2 arid :recorded" with said Registry of Deeds, Book 654, PaF;e x184. For further title reference, see deed from said Mary A. Hayward to me dated October, .10, 106'5 and recorded with said ReKistry of Deeds, book 1)x)(:1, 1'ag1: 1111. 1'11is �-onveyance is made subject to tit(, current 1967 real n 1;a Y,:s> whi.r-It the Irrarit:ees hereb,: 1)ssume and alr,ree to pay. I3OOh 1012 PAGE 3 3 9 �V­ 1 aci, U Z) A G 1.1cj 1 2 f UI`Td PTPf,' U0 f; PLIV 43 '01NI s'AOT �cl 11@aJ (06) fi'lauTtt STIal C'e@Lj'4nO3 I . us -(d Pleg UO '101 /:q 1,403 (C�L) ;9UTLl­',JUaAa(3 � T LI aq S; ie a q'4,1 o N :IsN,,Oj-(Oj 91--, pepqnoq 1009 aged lq}?, )joo-U spaaa JO XaRGI TO Uq P,1006,1 �OXT. OzUOTV JOtj aLIJ UT Pa q JO L1101,I P;�Ja(JUAt'lU JOT 'I'LITGq ',Z;,�AOP UO i -T Pile QT UV qqIIOx PTes uT janoo S@TTM J() ccc p:)lv an UOll1!s Jo T oo r Pat.fq, no( .3 Ill! Jo :).mutillopod .)Ill (AICOtte Atil: tl' aqnlaq *,T aTjpx. puT, aqnaaq -I V Lqdasor qwJlmj Ilvp I., .)JIM it! (00*005'(.)T,',V) PG-TPUnL! @ATj PUl3GnOq4 UaajXTS y all I ill till l:-)AMUILIUIW) J)lt:� All "N) ju A )ullo: ..)AIld'i'm r it! pow u)l 'Snosilil w%srj\ ju .)tll jo ljpull pall1q N'If f Ak V" I --)Ill 01 llll�A'j IT'd 4 `1r IV In !P% . IJTM Pue PUV0SnLj aq n a,.S •cl a T. avW, puv ac'a aq am In Tz V Vag �2r L 61 0 'N' V6 61 ,!Jq^j t7 T)�yu.jue,y pati k­�7 ;)ill Z010i ),'I] ;>q of )u,,)tutu)sm luiolliluj -)ill p0palmoujzm PUE. ............. V%CH 7 A . Y "T UTV�! )ill p.)jv!.)ddv SIlutiosjad uaiLL 6 a q• 014jantpumirly ;v 4ijujaniciawaM alIT. 17 ju I c, 0 10 t) SIql fl, ll:.)%' Pill! ;ptlell xnO- vulillij 1.)ill,) I?IPMIX"_3"KI_X jo S11IN(I Iludallipill P!es 01 ;i�st313A xvil.1w.) Jilt Xq k,urual -3- 'Awa-11 PTV. to fax 4dasojw win r Vj Z60 L, A00VA "a 14 1980-2001 CHAIN OF TITLE PARCEL 16 AND PARCEL 17 s4 1980-2001 CHAIN OF TITLE PARCEL 16 AND PARCEL 17 P r : •.�, f _��-.,r-� .,•.:. ,v .;" t . ,.., � . � - - " .,.ro: r� �; ,.+r,..it�a� � �' e •��.� :syr f Tt k -F .{f:yiT sy x•" y#A� ��r'� a .. • , __ . - - MAIIACHUSCrr1 OURc - • ' _ . LA[M O[[D 834OR71ORM (INDIVIDUAL) 881 I, George Fielding, also known as George H. Fielding, 159 I i of North Andover, Essex ii ." bein unmarried, for consideration �� III( NO%4100 055, 000.00) DOLLARS d m consideration of FIFTY FSVE THOUSAND Iy y j gets0D Terrence J. Landers of 35 Bixby Avenue, North Andover, MA 01845 • I with 4o1Itlaial rooruards C i (Oderiptim And twumbrancra, if any) EssexThe County,l Massa husetts, and beingeshownrasnLot #7. Loin Norttn#fiver, Lot #9 and Part of Lot #10 as shown on a Plan of Land entitled Plan of Land belonging to Alonzo Bixby, North Andover,- Horace Hale Smith, qF Civil Engineer, Lawrence, Mass., said Plan being recorded in the North Essex Registry of Deeds as Plan #0.408 and being further bounded and described as•follows: ail Beginning at a Point in the Northwesterly line of a street as shown on said Plan now feet distant from the inter ectlonsofiPleasantxby ustreetcandsthe2North- westerly-line of Bixby Avenue; thence turning and running Northwesterly W9.100 feet by the remaining Portion of Lot #10 to a !!� turning and running by part of Lot #15 and by Lots ##16,'#17, thence for 150.16 feetr'thence turning and g to running n Southeasterly, he Northw g esterly line of the street as shown on aid79:01 feet turning and running Southwesterlysaid Plan, thence ce for r 14 beginning. 9.59 fe et to the point of and Gladys A. AFor my tFielding dated Sutle, see deed of lyo2dFirth 8r1945andorGeorgedH. Fielding f Essex. Registry of Deeds in Book 675, Page 395. a North recorded with said Registry of Deeds in Book 6755 and See also deeds of Henry Knowlton dated Aut1945 deed of Henry Knowlton Page396and and Margaret J. Knowlton dated July 9, 1951 and recorded with'said Deeds in Book 752, Page 203. 3911' U89 -MY ...... hand andZ ti n is chis ............................ day of :.... 8 O I ................................. .... ........ ................. zt�... �� g George `Fielding .................................................................... ' .... ••George• H, FieldinQ .......................................................... ._............................................................................. i Wlir (tinlaacoanlraiiff of massarliunfus I' Essex AL 19 8'a Then persooally appeared the above named George Fielding also known as George FI. Fieg lding and acknowledged the foregoing in=,menr to be his ree act and d_4 ore me ;s..... ............. L1 .%�7� ..-.:..•-i i.'L_...' ] � Noary pa L'e aloe...( hepftm -' -- ~ My comminion erpir a b,�jp,V ___- .�: o - 'i; _ 1 2 5. 4 C _=7 is s3 ------- Recorded June 2 ,1980 at 4 • PM p± e r, o - to N m d > 0 c a 4 y N 0 z •w a t: v x w Ln M 'A N W W ro. a v a. 0 W P. I, Terrence J. Landers, BK1749 Y� of North Andover, Essex County, Massachusetts consideration of Sixty-three Thousand Dollars ($63,000.00) grant to Thomas Mason Young of of with quitclaim cabennnts the land ba with the buildings located thereon in North Andover, Essex County, Massachusetts, and being shown as Lot #7,. Lot #8, Lot 19 and part of Lot #10 as shown on a.Plan of Land entitled "Plan of Land belonging to Alonzo Bixby, North Andover," Horace Hale Smith, Civil Engineer, Lawrence, Mass., said Plan being recorded in the North Essex Registry of Deeds as Plan #0.408 and being further bounded and described as follows: Beginning at a pofnt in the Northwesterly line of a street as shown on said Plan, now known as Bixby Avenue, which is 102.35 feet distant from the,intersectioit of Pleasant Street and the Northwester line of Bixby Avenue; thence turning and running Northwesterly 79.00 feet by the remaining portion of Lot #10 to a.point; thence turning .and_ running by part.of Lot #15 and by Lots #16; #17, and #18 for 150.16 feet; thence turning and running Southeasterly, 79.01 feet to the Northwesterly line of the.street as shown on said Plan; thence turning and running Southwesterly for 149.59 feet to the point of beginning. Being the same -premises conveyed to me by George Fielding by. deed dated June 2, 1980, recorded in North District Essex Registry of needs, Book 1473, Page 159. 37 1aExecuted as a scaled instrument thissixteenth day of *1ov er -1983 Terrence Lan erg 43. G 4 W Ii iV!nl 1983 i .__ . ..._ _ the (QotturtonWalth of �Hassarhusctts Essex " November 16, 1983 Then pemnsffy aPpeared the above named Terrence J. Landers and acknowledged the foregoing instrument to be his /� free.adt and deeeedy A Bef-r aw. ,�ll�11111' Pamela D. Mailloux Yoeoexxeieaewo My commiuion expiresJune 9 1989 Recorded Nov.21.1983 at 2:29PM x/20670 Ly �= - - -- .. Mason Young—h'Myua� Thomas Essex of. 35 Bixby Avenue, North Andover, _________ derui�of One Hundred _F if teen Thousand ideration p.id. and in full torsi ---- • being' FWenied, for Woos 115, Ob0.00) Dollars- husband. and wife and no/100 ($ Lisa M. DiForte, grant to Scott A. DiForte and With quMbItm t as Tenants by the Entiretdyver, Avenue, North An Of 35 Bixby Andover Essex North An Lot A9 and s located thereon inNorth A7, Lot A8, tbelan& with the buildings being shown as ^plan of Land plan of Land entitle Hale Smith, civil County, Massachusetts, . Horace North part of Lot A10 as shown onNorth Andover. said Plan being recorded in the belonging to Alonzo Bixby. 408 and being further bounded and Engineer, Lawrence, Mass.. Essex Registry of Deed> as Plan A0. line of a street as described as follows: which is 102.35 feet oint in the Northwesterly Beginning at a p Bixby Avenue,. Northwesterly on said Plan, now known as 79.00 shown intersection of Pleasant Street and and running distant from tpvenue; thence turning point; thence turning line of Bixby ortion of Lot #Lotso916917, and 918 for u feet by the remaining plot Aly and by Southeasterly, 79.01 feet to d art of and running thence and running by p street as shown on saidt eapoint of ,�00 150,.16 feet; thence turning feet to line of the for 149,59 the Northwesterly Southwesterly turning and running beginning- subject to and with the benefit of t beg d conditions u 0 Z m c d a M Said premises are conveyed reservations an any and all easements, restrictions, are now in force an of record, if any, insofar as the same ed to me by deed of Terrence J. Landers applicable. Being the same premises convey 1983 and recorded in the Essex North Distr c` by deed dated November 16, 1 Book 1749, Page 64. •� ; �- in -- :, Registry of Deeds 15, March 19.91 �j1.�- day of .............. ............ b"`d and seal this ..................•••••••••• .... ............. . ..............m son ................... Thomas � Young ...................... ...... .... ......................... alp emummot S 19 91 March � SL Essexson Young Thomas Ma Then PasOOauy gpez� abore named free art and deed before me the fo-g�g'�rumeot to be his and �oaledgedE�l................. Aorded Mar.1211991 at.11%4AM 414 074. - _._---- - 1 / QuI7CLAIM DEED BK 5102 PG 65 yep SCOTT A. DIFORTE. LISA M. DIFORTE, AND WIFE AS TOMS 8Y �EMTIRETY. i. i AS K14;" NORTH AM MER, ESSEX i of Massachusetts VA nineihundrediand o0/100 Dollars of $139,900.00 ba for Aundrreeddrri. one thirty ninenthousand gqrrant to fRAMCIS 8. WELCH. of 35 BIXBY AVENUE, NORTH ANDOVER, MA 01845, ESSEX County. Massachusetts with QOITCLAIM-COYEMAIITS of land with th situated in that certain parccell ybuMldings Massachusetts NORTH AM ME . N bounded and described as follows: p O W For description see Exhibit 'A' attached hereto and made a part hereof. For our title see GEED FROM THOMAS SS MUM YOM DATED MARCH 5ecatcTor DE_DEED5�8001C 32,27. PAGE 124• ---_----------_-_---------------- ----.-- JUN SO'98 Px12:53 !� ilitness our hands seals this 7A day of June, 1998. Oen. COMMONWEALTH OF MASSACHUSETTS SL June 1998 MIOOLESEX SS. Then personally appeared the above mentioned SCOTT A. DIFORTE. LISA M. DIFORTE and acknowledged the foregoing instrument to be his/her/their free act and d before ma. o ary c omission Expires: 09/18/03K""x 261IB4 s% 12.38 DX)PKIH PEW"*4 + DP LO(INTM err A M. 223 P" *BK 5102 PG ,r Tho land at 35 Bixby Avenue, North Andover, Reset County. xassachusetts beih9 ahevh as Lots 7, s, 9 and a portion of Lot to an a plan tled &plan of Land Solomging to Alonso Bixby, North Andover,- NA■ by Boraos Vale Smith, Civil Engineer, dated Nor, 1906, recorded with sssex County (Northern Diatriat) Registry of. Deeds as plan No. 0402, bounded and described as followst------___--- 3=13MINa at a point in the Northerly line of a street as shown on said plan, now known as Bixby Avenue, which is 102. 53 feet distant from the intersection of rleasant street and the Northwesterly line of Bixby Avernus; THENCZ turn and running Northwesterly 79.00 feet by the remaining portion of Lot /10 to a points THENCE turning and running by part of Lots 19, 16, 17 and 18 for 150.16 feet) THENCE turning and running Southeasterly 79.01 feet to the Northwesterly line of the street as shown on said plan] THENCE turning and running Southwesterly for 169.59 feet to the point of beginning. SAID PR=1898 LRE SUBJECT TO THE MUMING ENCOMER NCESs 1. Title to and rights of the public and others in so such of the premises as lies within the bound& of Bixby Avenue. . BIS 5815 PG � 1. Welch 'Bixby Avenue. North Andover, Essex County. Massachusetts ts�ation of One Hundred Seventy Thousand Dollars ($170.000.00) to oBFRf M • GfcQ�af "attached -hereto. hXj� o i2 0 f•J � �Cw4 iti• Y 91w :� u N � Q Q o s JWUi lW w a U as a sealed instrument this a with quitclaim rofrsttnsnts JUL 28'00 pwl2:ljf . day of 2000 $mile QTVmmantuealt4 of tMassachusetts F n. Jttly j / . 2000 personally appeared the above named' Francis B. Welch the his free act and dad. G � _ /�� Nornr A16!!e Gam/^ � �/ls/ate y BK 5815' EXHIBIT "A" The land at 35 Bixby Avenue, North Andover, Essex County, Massachusetts as Lots 7, 8, 9 and a portion of Lot 10 on a land"entidod "Plan of Land Belonging to ow Bixby, North Andover, MA" by Horace Hale Smith, Civil Engineer, dated May, 1906, req with Essex County (Northern District) Registry of Deeds as Plan No. 0408, bounded and described as follows: BEGINNING at a point in the Northerly line of a street as shown on said plan, ne known as Bixby Avenue, which is 102.53 feet distant from the intersection of Pleasant S the Northwesterly line of Bixby Avenue; THENCE turning and running Northwesterly 79.00 feet by the remaining portion # 10 to a point; THENCE turning and running by part of Lots 15, 16,17 and -18 for 150.16 feet;-- THENCE eet;-THENCE turning and running Southeasterly 79.01 feet to the Northwesterly line i street as shown on said plan; THENCE turning and running Southwesterly for 149.59 feet to the point of begim SAID PREMISES ARE SUBJECT TO THE FOLLOWING ENCUMBRANCES: 1. Title to and rights of the public and others in so much of the premises as lies the bounds of Bixby Avenue. For grantors title, see deed of Scott A. DiForte, et ux, dated June 29, 1998 and rr said registry in Book No. 5102, Page 65. t A Chain of Title Roger M. Gilbert Map 55 Parcel 16 35 Bixby Avenue Plan: Essex North Registry of Deeds Plan 0408, Book 248, Page 600 Lots 9& Pt 10 DATE BOOK 04/14/19 Dennis J. Costello. to Henry Knowlton 432 (Lot 9 containing 3,555 Sq. Ft.) PAGE 397 NOTE: In 1943 the Town of North Andover adopted a Zoning By -Law. On said date Lot 9 did not meet the newly adopted lot area, width and frontage requirements. However, said Lot 9, was prior to the effective date of said By -Law, lawfully laid out and shown on a plan dated May 1906 duly recorded with the Essex North Registry of Deeds as Plan No 0408 at Book 248, Page 600. Said Lot did not then adjoin other land of the same owner, vacant and available (emphasis added), for combination with or use in connection with said Lot 9. 08/10/45 Henry Knowlton t (Lot 9 & Pt 10 ,-,c 675 396 NOTE: On August 10, l in the name of George Fielding, individually and title of George H. Fielding and Gladys A. Fielding as pparent commonality of ownership, said Lots were, at ;d. Whereas, both Parcels were separately owned and dF option of the 1943 Zoning By -Law each Parcel acqui� sting, grandfathered, non- conforming lots. In 1956 tl ment to its Zoning By -Law increasing the dimensional re o id amendment did not affect the status of Parcels 16 an rming lots. This is due to the fact that Parcel 16 had beer nily residence and said Parcel 16 and Parcel 17 still rer..__ it commonality of ownership. Particular reference is made to Carcw.. _ -rica, 22 Mass. App. Ct. 926, (1986) wherein the Court noted "that even if separa, ,___ common ownership at a later date, the lots would still be protected if they had been sepaeateiy .,vned at the time of the zoning change"(being the 1943 Zoning By -Law). Carciofi deals with an identical situation of a husband owing one lot and a husband and wife owning an adjoining lot. 06/02/80 George Feilding a/k/a George H. Fielding to Terence J. Landers 1437 159 1�1 4. Chain of Title Roger M. Gilbert Map 55 Parcel 16 35 Bixby Avenue Plan: Essex North Registry of Deeds Plan 0408, Book 248, Page 600 Lots 9& Pt 10 DATE BOOK PAGE 04/14/19 Dennis J. Costello to Henry Knowlton 432 397 (Lot 9 containing 3,555 Sq. Ft.) NOTE: In 1943 the Town of North Andover adopted a Zoning By -Law. On said date Lot 9 did not meet the newly adopted lot area, width and frontage requirements. However, said Lot 9, was prior to the effective date of said By -Law, lawfully laid out and shown on a plan dated May 1906 duly recorded with the Essex North Registry of Deeds as Plan No 0408 at Book 248, Page 600. Said Lot did not then adjoin other land of the same owner, vacant and available (emphasis added), for combination with or use in connection with said Lot 9. 08/10/45 Henry Knowlton to George Fielding 675 396 (Lot 9 & Pt 10 ,containing 4,673 Sq. Ft.) NOTE: On August 10, 1945, title to Parcel 16 (Lot 9 & Pt 10) stood in the name of George Fielding, individually and title to Parcel 17 (Lots 7 & 8) stood in the names of George H. Fielding and Gladys A. Fielding as husband and wife and thus, despite the apparent commonality of ownership, said Lots were, as defined by law, nevertheless separately owned. Whereas, both Parcels were separately owned and described on separate deeds at the time of the adoption of the 1943 Zoning By -Law each Parcel acquired and has retained the status of a pre-existing, grandfathered, non- conforming lots. In 1956 the Town of North Andover adopted an amendment to its Zoning By -Law increasing the dimensional requirements for lot development. However, said amendment did not affect the status of Parcels 16 and 17 as pre-existing, grandfathered, non -conforming lots. This is due to the fact that Parcel 16 had been previously developed in 1950 with a single family residence and said Parcel 16 and Parcel 17 still remained separate under law despite the apparent commonality of ownership. Particular reference is made to Carciofi v. Board of Appeals of Billerica, 22 Mass. App. Ct. 926, (1986) wherein the Court noted "that even if separate lots came into common ownership at a later date, the lots would still be protected if they had been separately owned at the time of the zoning change"(being the 1943 Zoning By -Law). Carciofi deals with an identical situation of a husband owing one lot and a husband and wife owning an adjoining lot. 06/02/80 George Feilding a/k/a George H. Fielding to Terence J. Landers 1437 159 NOTE: By this deed Parcel 16 and 17 came into a true common ownership. However, Parcel 16 had previously been developed in 1950 with the construction of a single family dwelling. Parcel 17 has remained an undeveloped gran&athered Lot not adjoining other land of the same owner, vacant and available (emphasis added), for combination with or use in connection with said Lot. Reference is made to Willard v Board of Appeals of Orleans, 25 Mass. App. Ct. 15, 18 (1987), in which the appeals court noted that "there is nothing on the face of the fourth paragraph (of M. G. L. ch 40 A, s.6) to suggest that it was intended to apply to anything but vacant land." This conclusion is entirely consistent with the legislative history of the provision, including the DCA Report which states that the predecessor version of this provision in the old Zoning Enabling Act was addressed to "undeveloped lots" and lots on which construction has not yet commenced." 11/16/83 Terence J. Landers to Thomas Mason Young 1749 63 i 03/05/91 Thomas Mason Young to Scott A. DiForte & Lisa M. DiForte 3227 129 06/29/98 Scott A. DiForte & Lisa M. DiForte to Francis B. Welch 5102 65 07/24/00 Francis B. Welch to Robert M. Gilbert 5815 333 0ARr,LIST* MASSACHUSETTS DOR PARCEL LISTING 05/07101 PAGE PARCEL ID: 210!055.0-0016-0000.0 SALE DATE: 0000 $ PARCEL LAST UPDATED : 12/14/00 ACTIVE Y - YES ROAD-TYPE T - TWO-WAY INSPECT-REAS R - REVALUATION STATE-USE-CD 101 - SNGL-FAM-RES ROAD-CONOTN P - PAVED REINSPECTION PAR-ADD-NO-1 35 TRAFFIC M - MEDIUM DATA-CHG-TYP CR - CYCLICAL REV NAR-ADD-NO-A NATER DATA-CHG-DTE x241997 PAR-ADD-NO-2 SEWER MEMO-1 CANCELLED APTMT NAR-AUG-ST-1 BIXBY AVENUE SALE-PRICE 170000 MEMO-2 PAR-ADD-ST-2 SALE-DATE 7282000 MEMO-3 PAR-ADD-CMTY SALE-TYPE P - LAND-&-BLUGS MEMO-4 OWNER-NAME-1 GILBERT, ROBERT M SALE-ROOK 05815 MEMO-5 00055 40016 00000 OWNER-NAME-2 SALE-PAGE 0333 PCT-RES-BLO OWNER-ADDR-1 .35 BIXBY AVENUE CERT/DOC PCT-COM-BLD OWNER-ADDR-2 GRANTOR FRANCIS WELCH PCT-IND-BLD OWNER-(ITY NORTH ANDOVER VERIF-SOURCE U - DEED PCT-RES-LND OWNER-STATE MA SALE-VALiD Y - YES-VALID Pi;T-(,'OM-LND OWNER-ZIP 0184.5 VISIT-DATE 7021997 PCT-IND-LND OWNR-COUNTRY MEASURE-DATE 051997 NBHD-COD E i TOT-LND-AREA .11 ENTRANCE X - EXTRIOR-ONLY NBHD-CLASS 4 TAX-CLASS T - TAXABLE iNFO-SOURCE N - NONE TOT-FIN-AREA 848 RES-EXEMPT COLLECTOR-ID JFR VALUATION # 1 LAST UPDATED 121 2190 COST-TOTAL 123000 GROSS-INCOME LAND-VALUE 67100 RCN 72617 TOT-EXPENSES BLDG-VALUE 55900 RCNLD 55915 NET-INCOME PRI-TOTL-VAL 106600 COST-8LDG 55900 i,AP-INCOME PRI-LAND-VAL 5530ii COST-LAND 67085 TOT-INC,-EST PRI-BLDG-VAL 51300 COST-OATE lli52000 FINAL-VALUE 123000 $ LAND 4 1 LAST UPDATED 121 2190 LAND-TYPE P - PRIMARY INFLUENCE-1 TOPOGRAPHY STATE-USE-CD 101 - SNGL-FAM-RES INTI-ADJ-AMT SOUND-VALUE VALUE-METHOD S - SQUARE-FOOT TNFI-ADJ-PCT 100 LAND-VALUE 67085 FRONTAGE INFLUENCE-2 INCOME-FLAG DEPTH LONE R4 - MLTI-FAM-RES LAND-CLASS SQUARE-FEET 4673 NBHD-CODE 4 ACRES NBHD-CLASS 4 f $PARM ST$ MASSACHUSETTS DOR PARCEL 10: 2101055.0-0016-0000.0 RESIDENCE p i :SKETCH SEE SKETCH STATE -USE -CD 101 - SNGL-FAM-RES OCCUPANCY 1 BLDG -STYLE BN - COTTGE-BNGLW CONVERSION 2 STORY -HEIGHT I ROOF -TYPE G - GABLE ROOFING AS - ASPHALT-SHNG EXT-WAIL-TYP WS - WOOD-SSHN-SHK MASONRY -TRIM BATH -QUALITY FOUNDATION GN - CONCRETE HEAT -TYPE FA - FORCED -AIR FUEL -TYPE G - GAS FIREPLACES - TYPICAL STACKS A HEARTH EXT-CONDTION I.ENTRAL-A/C Y - YES MAIN -FN -AREA 848 i)PPR-FN-AREA OVERALL -GRAD ADDL-FN-AREA - AVERAGE ADD-FN-GRAOE UNFNSHD-AREA EFF -YR -BUILT ATTIC 1967 BSMT-TYPE #------16------* PARCEL LISTING :TALE DATE: 0000 (CONTINUEDi LAST UPDATED : IN 7197 BSMT-AREA 816 BSNT-GRADE FN-8SNT-AREA FN-BSNT-GRAD TOTAL -ROOMS NUN -BEDROOMS 2 FULL -BATHS i HALF -BATHS EXT -BATH -FIX BATH -QUALITY T - TYPICAL EXT -KITCHENS KITCHEN -QUAL T - TYPICAL iNT-CONDTION A - AVERAGE EXT-CONDTION A - AVERAGE OVERALL-COND A - AVERAGE OVERALL -GRAD A - AVERAGE YEAR -BUILT 1950 EFF -YR -BUILT 1967 85MT-GAR-C'AP BSMT-GAR-SF ATT -GAR -CAP ATT-GAR-SQFT CARPORT-SQFT PORCH -TYPE -1 E - ENCLOSED 05/07101 PAGE L PORCH -AREA -1 GRADE-FCTR-1 PORCH -TYPE -2 PORCH -AREA -2 6RADE-FCTR-2 PORCH -TYPE -3 PORCH -AREA -3 GRADE-FCTR-s NISC-ATT-STR NISC-STR-VAL MIS(,'-STR-VL2 LENGTH WIDTH MEMO PHY-PCT-GOOD FUN -PCT -GOOD ECN-PCT-GOOD PCT -COMPLETE BLDG -FACTOR RMAIN-PCT-GD SOUND -VALUE 96 98 RELIST-VECTOR CHG -ADD ENG PGH i00 100 WE NO SEC STORIES AREA PERIM ERR VEC F:SL42015R13D8RllD3R4i3R12U13R 'r 1.00 848 136 2U10lB:LO42SO15RI31JBR27U23L40i 8 1.00 816 126 E 1.00 96 44 E:Li3SU6L161L AREA BY STRUCTURE TYPE: MAIN -FN -AREA 848 BASEMNT-AREA 816 ENCLSD-PORCH 96 77 r _ - _ 4 . d 4.w.� A' 'Fc �r.v 4 5: �: i-. r'r.i -'r i . � •v . �+++.��;� y `�� _ +e i � Address Basement Desc. Subd. Nog ,Pt..10 0 N � Assrs Plan No. 55 SAM,.: - I Lot No. 16 U1 Q Owner: Henry KnoRltm D`� None No. Baths LAND VALUATION Asbestos Shingles Siding F. U) Duplex Dwg. Apartment Fielding, George 675-396 19�t5 Full Cement Floor Area COMPUTATIONS Rate 0 valve �ti i' SSr000 �/ ���(f� cl♦4f�'a nterior \} i ZLL Use � Exterior Walls Basement Desc. Plumbing 0 N W Z Single Dwg. Double Dwg. U1 Q Clapboards Wood Shingles W None No. Baths = in Asbestos Shingles Siding F. U) . nr r -1 1$. 5-1- M 'e►ilp Front n�C m wc'nn 1-1 y 5 -G S! Z-3 Rear Cor. Enhancement Total Area Value A/ % o 0 4,673 SQ/ft. Phys. Depr. Net Land Value t./ %OU LDING DESCRIPTION BUILDING VALUATION Jo. Stories Assr's Class Building Reprod. Cost Depr. Cl. Sound Value Jo. Rooms Area Q Exterior Description Interior Description nterior as e . Composition Bd. i ZLL Use Use Exterior Walls Basement Desc. Plumbing W O Single Dwg. Double Dwg. Steam U pipe) Steam (2 Clapboards Wood Shingles None Part None No. Baths Duplex Dwg. Asbestos Shingles Siding LL Duplex Dwg. Apartment Flat Gambrel Asbestos Shingles Siding Full Cement Floor No. Toilets Modern Pl. COMPUTATIONS Old Style 0 Store Bldg. Office Bldg. Face Brick Earth Floor Rooms Old Style O W Factory Warehouse Office Bldg. or Walls Common Brick Fin. Q Garage _Hard Wood Reinf. Con. Z Q Factory Warehouse Con. Block Stucco Interior Walls Heating m Mill Const. Roof Covering Wood Shingles Garage Stoker # I 1 %hs • Plastered Stoves© O m Foundations Asphalt Shingles Roof Type Plaster Bd. Hot Air (gray.)d O Construction Gable Composition Bd. Hot Air (forced) Lighting Wood Frame f ' Hip Brick Steam U pipe) Tar &Gravel Attic Rooms — Electric Steel Frame Brick Flat Gambrel Wood Steam (2 pipe) HotWater(gravJ Brick Metal Brick Veneer Gas Mansard Floors Hot Water (circ.) i } Reinf. Concrete Dormers Common Coal Fired '/ '� Con. Block Hard Wood Oil Fired Miscellaneous Mill Const. Roof Covering Reinf. Con. Gas Fired C' No. Fireplaces Wood Shingles Concrete Slab Stoker Accessory Bldgs. Foundations Concrete Roof Floor Asphalt Shingles Asbestos Shingles Lineoleum Asphalt Tile Miscellaneous Con. Block Stone Slate Tar & Gravel Attic Rooms No. Fireplaces Type Insulation Brick Piers REMARKS Metal Roll Asphalt Number Walls Tiled Baths Wood Sash REMARKS Posts Floors Metal Sash Lot Ass'rs Plan No, Lots �O Address Q �' = ` = Subd. N�� --+ Owner: f �/Sv",�+^�! D$- 3 � ��� 1 g4� LAND VALUATION Area Rate Value Ss uoo « rT3 Front 4( „ _Rear Cor. Enhancement BUILDING DESCRIPTION Total Area. Value L ("�•' Age /9No No. Stories Assr's Class C -m'" ? Phys. Depr. W UI Remod Rooms Area 60 a- �f'� Net Land Value Q O Condition Rent Area Add t ns VALUATION I Description BUILDING r U) Exterior Description nterior as e . Composition Bd. Q m Use Exterior Walls ent Desc. Plumbing W ingie Dwg. Double Dwg. Clapboards Wood Shingles Steam U pipe) Steam (2 No. Baths No. Toilets Duplex Dwg. Asbestos Shingles Siding nt Floor Ft —Modern Pl. Flat Gambrel Q Apartment Store Bldg. Face Brick Floor Old Style ~ ) ` ZQ Office Bldg. Common Brie ooms Fl Common O W Factory Warehouse Con. Block Stucco or Walls Heating O Q Garage _Hard Wood Reinf. Con. red Bd Stoves Hot Air (gray.) Building L�--,3� Reprod. Cost Depr. Cl. Sound Valu Z.a . 4� 9 Roof Type Gable as e . Composition Bd. --Hot Air (forced) COMPUTATIONS Roof Type Gable as e . Composition Bd. --Hot Air (forced) COMPUTATIONS 1L Construction —Wood Frame Hip Brick Steam U pipe) Steam (2 O Steel Frame Brick Flat Gambrel Wood pipe) v HotWater(gra.) Hot ter (circ.) #1� ,.• . ' � ', ; ,;;,'/,9;', , ~ ) ` ZQ Brick Veneer Reinf. Concrete Mansard Dormers Fl Common Coal Fired p a _ O Con. Block _Hard Wood Reinf. Con. --Oil Fired Gas Fired + rr y m Mill Const. Roof Covering Wood Shingles Concrete Slab Stoker # I 1 %hs • O Foundations Asphalt Shingles Linoleum fh f Concrete Asbestos Shingles Slate Asphalt Tile Lighting f ' on. Block Stone Tar &Gravel Attic Rooms — Electric Brick Metal Number Gas r7 3�YG %J�U�•�%7�J i } Piers Roll Asphalt Walls Floors '/ '� ✓ Posts Miscellaneous Y f/ C' No. Fireplaces Accessory Bldgs. Area Const. Roof Floor Type Insulation Tiled Baths Wood Sash metal Sash REMARKS �—O 2 �).t. .x.. r 1 y-•.jZt 7. �}7•)4_ ls3-: a' S..-�,�� r� \y n. i 15).� it `�-", t+. } 'as 11 t�r,� ktif.�.� _ 1 l -� 1\ -'s s \ �' x:14 � 7 +• t' � t: s� ^''.; r .rt yty ` Jy tr �.X - ♦ � I. 1 '♦ Y1 �, ti7 r 'S tt .\ `� \ i �.: \ yds 1+ tt \ ) S �. i )l' i..l. q4 1 p 'S �. ).ls ` Y1 V+ - r 1 ,1 - + � l 4j....�y,� ,._i: _.. •+-.'. ..� any. _..mow ....._/...L.'.li-.fc_L ijr =Y.Y .d.l�.t....l..�-.__�+ u.�. ... ..�.r _�.-�J..... __ .err. .f �7, 0 ;q �AI� ash w� rs hl 0 t r ir fJ 1' 4r .* �;< s �/t 1 r t.f i. rt t r r .I"t t ✓ ' f�J r:J1 _ rf �+'"' 432 3�� -�no- .�c.Vo� -Qx�-t_.¢. rT-rl-e. , n � U-rrL A.CL , -Lrrti CL -En U wr a r�ri dLncsw�-rti.'�•�'-�vrYw-ru.,�e.-a_Q.�..�-� .o-�' `YYt2�r�.�T.L..c.�uva-ill�.v, .,vrti iC,u-YLri�.t,Le; /0� Alo.Ir...d. 11-5L o of �✓ax,w Yld`�X..E., (is.�.� .o� �Ja.R.�, ia.r�.d- .l./d..+ x�.�uE..� tdj__ QQ D II_e,o✓a�,.nA.� 7 9 �- -�'�' Q.o�- Yto'. � ,a -,-i, �a.a.L�d.-�A-am, , m,o-� 1 o crn r d L Q o✓n ,a.r� d e,aia� �a If 5ez �: a vrv✓Yuy 5 5 5 5 ,'x�v"fl"` °- o ova trn m Lr, , ra a o .Fn crs� v,� . �./�� amu. � ��r„-� .c�..Q..Q.. t1 •rr,.o..d�e.. M .433 � �2C -L c -r UL w v, ra cin Z ci, p L.a, 4 D •w,-..ci, rrv..rm.�u.en-tib 'I �. li - rr u n, Ct,�x.�. Q, I 't, 9 9 . ci .P Q�rti D p i r U C.�..otirrn .�r�rcr�-�-arr,�.n. , �R�• �m.cL �rrti .�a.a...d, II . 10—t G� Q �c fl tirn ervi At� rr Jcr . zDt e�ruz �t, �c� cvry .i.�.Q.- ARI m -� ,v-rti d �,o L -may �uv-az�n, , Dco J�xr�. , lvv . Q�vt� I y , 19 19. J �srn �,..enrl.o-�'L.a� �Q.�, • ,tisk,. �'.,o ..1 Y D- � „ P.,,-, re rn.r,n-n.a �._ YY;_aa.1.�,�c_e_ Q.. �i.o'uarArrti. clm.c�, .o_.e.• �. ,�" i • " 204 our righlPs, title and interest in and.to lot 9 and lot 10 as mentioned therein. There is no monetary consideration for this conveyance. WITNES dour handls and seals this 9th day of )July 1951• 11Charles W. Trombly. The Commonwealth)Henry Knowlton hof Massachusetts. Essex,ss. July 9,)Margaret J. Knowlton 11951' Ten personally appeared the above named Henry Knowlton.and Mar- Igaret J. Knowlton and acknowledged the foregoing instrument to be their l free act and deed, before me, Charles W. Trombly, Justice of the Peace. III My commission expires Jan. 23, 1953. IEssex,ss.Received July 13,1951 at 29m past 12P.M.Recorded and Examined. ense to Selli#232121. Commonwealth of Massachusetts. Essex,ss. Probate Court(Seal) Stakelun I!To Helen V. Rimas, administratrix of the estate of John Stakelun other - Estate to Rimas Admrx. wise known as John Staklum late of Methuen in said County deceased, in= testate.You are licensed to sell, and convey, at private sale,for t ha sum of Three thousand dollars or for a larger sum at any tine within one yea from the date hereof, the following described real estate of said deeased, namely: One undivided half part of certain real estate situate in said Methuen, BCU NDED and described as follows, viz:. Begin- ning at a point in the northerly line of Euclid Avenue 101.76 feet dis- tant easterly from the easterly line of Golf Avenue; thence easterly b said Eu6lid Avenue 60 feet; thence southeasterly by lot numbered 4$5 0 I said plan 90 feet to a point; thence again easterly by said lot numbers 485 on said plan 30 feet; thence southeasterly again by lot numbered 493 on laid plan 90 feet; thence westerly by Varnum Avenue 90 feet; thence $northwesterly by lots numbered 489 and 4$$ on said plan 180 feet; to the Point of beginning. But if, notwithstanding, you deem it best ;: Ito sellisaid real estate at public auction, you are required to give .I I notice of the time and place of such sale, by publishing a notification �Ithereof',, once in each week, for three successive weeks, in the Methuen'`;' jTranscript a newspaper published in Methuen and, within one year after II such sale, return your affidavit of having given such notice, with a copy thereof, to the Probate Court. Witness, John V. Phelan, Esquire, IlFirst Judge of said Court, at Salem this seventh day of May in the year �Iof our Lord one thousand nine hundred and fifty one. John J. Costello, Ij Register. y Essex,ss.Received July 13,1951 at 29m past 12P.M.Recorded and Examined. 'i Stakelun Helen V. Rimas, Administratrix of the Estate of John Stakelun otherwisi i., nnwor CnrlfP..rrPd by License is. M t im is AC= l may :r or �r ba i the iris- re-_ pay ped )f as- :nant un- yowl- ' re- reby the •ans- rere( .he grantee or its assle,116, Ui may purL,hase at any sale made as aforesaid, and that no other purchaser) shall be answerable for the application of the purchase money; and that!;I until default in the performance or observance of the condition of this,, deed, we and our heirs and assigns may hold and enjoy the granted prem -II ises and receive the rents and profits thereof. And for the considera- tion aforesaid we, Benjamin A. Kalinowski and Helen B. Kalinowski, do II hereby release unto the grantee and its assigns all right of or to both' I DOWER, CURTESY and HOMESTEAD in the granted premises, and all other 1I rights and interest therein. IN WITNESS WHEREOF we the said Benjamin A� Kalinowski and Helen B. Kalinowski hereunto set our hands and seals the thirteenth day of July in the year one thousand nine hundred and fifty one. )Benjamin A. Kalinowski I Signed and sealed in the presence )Helen B. Kalinowski II f Charles W. Trombly to both. The Commonwealth of Massachusetts. Es -_11 sex,ss. July 13, 1951• Then personally appeared the aboveinamed Ben- i jamin A. Kalinowski and Helen B. Kalinowski and acknowledged the fore- II going instrument to be their free act and deed, before me, 'Charles W. Trombly, Justice of the Peace. My commission expires Jan. ;23, 1953. IEssex,ss.Received July 13,1951 at 29m past 12P.M.Recorded and Examined.1I We, Henry Knowlton and Margaret J. Knowlton, husband and wife, both of ii donflY.Deed Cambridge, Middlesex County, Massachusetts, for consideration paid,gran Knowlton to George Fielding of North Andover, Essex County, Massach�ilsetts, with ii et ux QUITCLAIM covenants the land in said North Andover and mord particular to BOUNDED and described as follows: Beginning on the northwesterly side ISI Fielding II line of Bixby Avenue in said North Andover at an iron pin alne hundred I, two and 35/100 (102.35) feet distant from a stone base at the corner of _said Bixby Avenue and Pleasant Street in said town; then r�,ilnning north-' wester) along other land of the grantees seventy nine (79I Y feet to a pin in the ground; thence turning and running northeastern along land I� lof the grantors and one Koroski fifty nine and 15/100 (59.15) feet to Ian iron pipe; thence turning and running southeasterly along land of I� i the grantees seventy nine (79) feet to a pin on the side 1%ne of said Bixby Avenue; thence turning and running southwesterly alo g land of ,i the grantees fifty nine and 15/100 (59.15) feet to a pin on the side II line of said Bixby Avenue to the point of beginning. Saidlpremises be- ing all of lot 9 and part of lot 10 on a plan of land of A onzo Bixby I j recorded in the North Essex District Registry of Deeds, bo )k 24$, page 600. Containing 4,673 square feet more or less. This deet is given tol confirm and ratify a deed dated August 10, 1945 signed by is to the same grantee. It is meant and intended by this conveyance to relinquish allil _II Knowlton) to Fielding i I , * 'U. S. * Stamp * x.55 *Cainoe led i I � I `i I i u I ! � I ' I i i I � � I Lawrence Say.ankl to ' � I Solomon I i * ! U. is. i I. ;R. * Stamp 1* * ! #.55 i* *Cancelled* I, Henry Knowlton, of Cambridge, Suffolk County, Massachusetts, for consideration paid, grant to George Fielding of North Andover, Essex i County, Massachusetts, with QUITCLAIM covenants'the land in said Norl i Andover and more particularly BOUNDED and described as follows: Begi1 nifig on the northwesterly side line of Bixby Avenue in said North An( I over at an iron pin one hundred two and 35/100 (102.35) feet distant from a stone base at the corner of said Bixby Avenue and Pleasant Sti inisaid Town; then running northwesterly along other land of the grafi tees seventy nine (79) feet to a pin in the ground; thence turning a.r ruining northeasterly along land of the grantors and one Koroski fifi nine and 15/100 (59.15) feet to an iron pipe; thence turning and run I niag southeasterly along land of the grantees seventy nine (79) feet; i a din on the side line of said Bixby Avenue; thence turning and ruan southwesterly along land of the grantees fifty nine and 15/100 (59.151 felt to a pin on the side line of said Bixby Avenue to the point of 9 gi ning. Said premises being all of Lot 9 and part of ! Lot 10 on a Plan of land of Alonzo Bixby recorded in the North Essex District Re is �ry of Deeds, book 248, page 600. Containing 4,673 square feet mo`l i or;less. I, Margaret J. Knowlton wife of said grantor, release to said grantee all rights of DOWER and HOMESTEAD and other interests . therein. WITNESS our hands and seals this 10th day of August, 1945: Charles W. Trombly, witness, Percy )Henry Knowlton ) (seal. W.;Reid, witness. The Commonwealth)Margeret J. Knowlton (seal of'Massachusetts. Essex ss. North Andover, August 10, 1945• Then# peisonally appeared the above named Henry Knowlton and acknowledged' the foregoing instrument to be his free act and deed, before me,Ch"� W.Trombly, Notary Public. My commission expires May 5, 1950. , Essex as.Received Aug .30,1945 at 40m past 11A.M.Reoorded and Eaaaiizfl The Lawrence Savings Bank, a corporation duly established under th4 laws of Massachusetts, and having its usual place of business at Lh rence, Essex County, Massachusetts, for consideration paid; grants' Effie D. Solomon, of said Lawrence, with QUITCLAIM covenants the 1, in said Lawrence, with all the buildings thereon, BOUNDED and desor ed.as follows: Northerly on Elm Street thirty feet; easterly nine" three feet on land of one Fennessey; southerly thirty feet on a pas way; and westerly on land now or late of one Morrill ninety three fe The northeasterly corner of said tract is two hundred ninety eight;: west of White Street. Being the same premises described in deed fr said bank to said bank dated December 8, 1930, recorded with North Ii - 1 er 38 .ly ire �g: pi t qu a gn E iu. ;e V ie; Mi n h t r, a Chain of Title Map 69 Parcel 33 Linda L. Pappas, Trustee Bixby Realty Trust 17 Bixby Avenue Plan: Essex North Registry of Deeds Plan 5832 Lot 21 DATE BOOK 03/24/1915 Darris & Fuller Ma,:hine Company to Trustees of the Village Land Company 351 12/19/68 Trustees of the Village Land Company to Ronald A. & Elizabeth L. Fountain 1123 08/27/92 Ronald A. & Elizabeth L. Fountain to Paul W. & Linda L. Pappas 3534 05/18/95 Paul W. & Linda L. Pappas to Linda L. Pappas, Trustee 4259 PAGE 411 209 5 125 *PARC,LIST* MASSACHUSETTS DOR PARCEL LISTING . PARCEL ID: 2101069.0-0033-0000.0 SALE DATE: 0000 Mt PARCEL LAST UPDATED : 9/12100 ACTIVE Y - YES ROAD -TYPE T - TWO-WAY STATE -OSE -CD 104 - TWO -FAM -RES ROAD-CONDTN P - PAVED PAR -ADD -NO -1 15 TRAFFIC M - MEDIUM NAR -ADD -NO -A -17 WATER PAR -ADD -NO -2 SEWER PAR -ADD -ST -1 BIXBY AVENUE SALE -PRICE 1 PAR -ADD -ST -2 SALE -DATE 5181995 PAR-ADD-CMTY SALE -TYPE P - LAND -6 -BLOCS OWNER -NAME -1 BIXBY REALTY TRUST SALE -BOOK. 04259 OWNER -NAME -2 LINDA L PAPPAS, TR SALE -PAGE 012.5 OWNER-ADDR-1 17 BIXBY AVENUE CERT/DOC OWNER-ADDR-2 GRANTOR PAPPAS.PAUL W OWNER -CITY NORTH ANDOVER VERIF-SOURCE D - DEED OWNER -STATE MA SALE -VALID F - NO-CONVNIENT OWNER -ZIP 01845 VISIT -DATE 7212000 OWNR-COUNTRY MEASURE -DATE 7212000 TOT -IND -AREA ,14 ENTRANCE C - COMPLETE -INS TAX -CLASS T - TAXABLE iNFO-SOURCE 0 - OWNER -SPOUSE RES -EXEMPT COLLECTOR -ID RO M* VALUATION # 1 LAST UPDATED : 12/ 2190 COST -TOTAL 178800 GROSS -INCOME RCN 162648 TOT -EXPENSES RCNLD 110601 NET -INCOME COST -BLDG 110600 CAP -INCOME COST -LAND 68152 TOT -INC -EST COST -DATE L1152000 FINAL -VALUE 178800 $#$ LAND # I LAST UPDATED 121 9190 [AND -TYPE P - PRIMARY %NFLOENCE-i STATE -USE -CD 104 - TWO -FAM -RES INFI-ADJ-AMT VALOE-METHOD :5 - SQUARE -FOOT !NF1-ADJ-PCT i00 FRONTAGE INFLUENCE -2 DEPTH LONE R4 - MLTI-FAM-RES SQUARE -FEET 5917 NBHD-CODE 4 ACRES NBHD-(:LASS 4 05!01!01 INSPECT -REAS REINSPECTION DATA-CHG-TYP DATA-CHG-DTE MEMO -1 MEMO -2 MEMO -3 MEMO -4 MEMO -5 PCT -RES -BLD PCT-COM=BLD PCT-IND-8LD PCT -RES -LN[) PCT-i;OM-LNO PCT-IND-LND N8HO-(:ODE NBHD-CLASS TOT -FIN -AREA LAND -VALUE 8LDG-VALUE PRI-TOTL-VAL PRI-LAND-VAL PRI-BLDG,-VAL TOPOGRAPHY SOUND -VALUE LAND-VALOE INCOME -FLAG LAND -CLASS NAME i R - REVALUATION FC - 9061994 00069 00033 00000 4 4 2567 68200 110600 143700 56200 87500 6Bi52 *PARCLiST* MASSACHUSETTS DOR PARCEL LISTING 05107!01 PAGE _ PARCEL TD: 2101069.0-0033-0000.0 SALE DATE: 0000 (CONTINUED) RESIDENCE # 1 LAST UPDATED 9112100 SKETCH SEE SKETCH 8SMT-TYPE CARPORT-SAFT STATE -USE -CO 104 - TWO -FAM -RES BSMT-AREA 1418 PORCH -TYPE -1 E - ENCLOSED OCCUPANCY 2 85MT-GRADE PORCH -AREA -1 "r5 BLDG -STYLE DX - DUPLEX FN-BSMT-AREA GRADE-FCTR-1 CONVERSION FN-BSMT-GRAD PORCH -TYPE -2 P - PORCH STORY -HEIGHT 1.15 TOTAL -ROOMS 9 PORCH -AREA -2 75 ROOF -TYPE G - GABLE NUM -BEDROOMS GRADE-FCTR-2 ROOFING AS - ASPHALT-SHNG FULL -BATHS 2 PORCH -TYPE -3 W - WOOD -DECK. EXT-WALL-TYP F8 - FRAME-CLAPBD HALF -BATHS 1 PORCH -AREA -3 32 MASONRY -TRIM EXT -BATH -FIX GRADE-FCTR-3 FOUNDATION 8K - BRICK 8ATH-QUALITY T - TYPICAL MISC-ATT-STR HEAT -TYPE HW - NOT -WATER EXT -KITCHENS MISC-STR-VAL FUEL -TYPE G - GAS nITC:HEH-QUAL T - TYPICAL MISC-STR-VL2 FIREPLACES INT-CONDTION A - AVERAGE LENGTH. STAi.:KS EXT-CONDTION A - AVERAGE WIDTH HEARTH OVERALL-COND A - AVERAGE MEMO I:ENTR.AL-AFC N - NO OVERALL -GRAD A - AVERAGE PHY-PCT-GOOD MAIN -FN -AREA 1418 YEAR -BUILT 1865 FUN -PCT -GOOD 100 UPPR-FN-AREA 1149 EFF -YR -BUILT 1957 ECN-PCT-GOOD ADDL-FN-AREA BSMT-GAR-CAP PCT -COMPLETE ADD -FN -GRADE 8SMT-GAR-SF 8LOG-FACTOR UNFNSHD-AREA ATT -GAR -CAP RMAIN-PCT-GD 68 ATTIC ATT-GAR-SAFT SOUND -VALUE *5--* -------- 23 -------- *5--$ i i F i i RASE NO i i i I SEC STORIES AREA PERIM ERR VEC: 15E 15 i5 PIS FB:SL2L.SUi5L23D15L7D29Ri5R22U2 I i I i FB 1.00 1418 1.02 i i i i 9iP:L002SU15L5Di5R5iE:L030SL51J P 1.00 i5 40 i i i i E 1.00 75 40 *+7--* *5--2S 15R5O151W:i022D029SD4R8U4L8/-F W 1.00 32 24 I F F i -F 0.75 1073 132 I i 0.75:007SL23L7029R37U290i-F: -F 1.00 345 76 i I L030SU15R23015L231i AREA BY STRUCTURE TYPE: 1 i MAIN -FN -AREA 141$ 29 29 UPPR-FN-AREA 1149 i FI 8ASEMNT-AREA i418 I i ENCLSD-PORCH 75 PORCH 75 j I WOOO-DECK 32 i F I ----15----- -----+-22------- 4 W 4 351 oL xvA Lai% A,' u u . 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Qu LU 1�� Li I n-UZI4 �-A(y TQ -j �1 6 Lu �4�, , p , " 6 `"'" �F�.if rrv�S Ess�{v�, 4�rrrZt:�-r s ��sit ,a� - 4�Q.�J ��ns'.u� ru i� 4s�ufl ffVA RA,\U-U Li's ai ("ruzL 6j —ISL -K Ali dome -was V ol J SS. ri LT U1, LI tkLl dab '.fz� S L"' I T L:I( LLI L -t L LJ 1 LLII LU 11,c'Tr IskA., I al, �ptuul �r�l LL K'&TI1AlJ1.x-' (\J� Wal 6Nu YI)Llrjll tJL-u lu-IJULu-, LL I1o'kll�t! aril l�S1IS� rlDai'L1 �S,i uULI , �v,,3�� v1sw Is— vtsv-,s CSA P-dj," CAI 'C'-3 tm'-Lu dQJ pct F-vj Y1 acs G -u I �s U, 4py V -VQ Cat ul 1. -1. LFyu I ti it v�u� V- v n-I.IJ r � �)�Uv- ��kLt-Ll� z I \a' XL rJ:- \L13-11,14 � Ns"s-13 -t-rL rnj 16 Lf1L& M`1 -t ;)flolf\i V31A LISTi. ';.vrI� tG9krru 'Ur -,3 461 It xswrl� '.L1suuu , Is c Q P-Lsl P -U twAA.fj jzro V!iITLQ'\.Vju 'd&I Uu� 4A'su da, -"11..�SLL\-Al 1_1.iN`1➢..r1-4 L, '-3, C.$d% V1' c'Aj C"MTVX" ux� Aw vaf�� d- L'I C;Tu 11'19-j o3itAl �-3-'kju �XJUCSTAJ'31 U ILI W1 u, A -A taxIII&J 'Jai f 0 r U., t U11 Y ul'i 0 �-L"',Ajla:L Mmo Y'D-t CONd.ONW"r.ALTIf OF •AS:;,;cu.�i,rrs Fraex, as. Ci y of Lawrence, A1AAP. April 12A.D. 19 C��. By virtue of this 110*d: o'clock P M., attached all Welt, IshAVe U IA dA)' at sic, n11n11teA peat j �: th* Ailfit, titl And interest whirh the within named defendant a William J. Schiebel, 2 1 2 had in and to Pnp and nil re;11 estnte ppKijtpMjbdZp*within the N614hern Dist it .4 Paid Count)„f I;Paes > to ( Not exe y leM.) � Deputy CheritT. .-- _ Sgi A true ,vY o so nnu'h of nm' r�durn its reLltr.4 to said 11140�rtent of real estate � y Deputy Sheriff. From the office of A. J. Fusco, Esq. 316 Essex Street Lawrence, Massachusetts Esiex,ss. hecorded Apr. 22, 1968 at 50m past 1P.M. #565 THE COMMONWEA1.111 ,IASSACHusETTs .i'. HT'.: AMit f:. it 1 BOARD OF APPEALS 19 68 NOTICE 01- It ARIANCE Crinditinnnl or I.i oiled Varian, . or Sperinl Permit ,c,•,,, A la... ta,,,,,,,, to%. w. „„ to .,. n„ir,,,t 11 Notice is hereby given that a ( ,n,diri,n al "1 I imii, d \ u iam e .,r Spe('ial Permit has bmn granted To Village Land Compnny .................................... Address ... 1 Elm Street ............... _..... . _ .... City or Tbwn...,_North Andover, I•Iassachu Jetts .... . _ _..... ...................... 2-16. �ixby Ave. 3-33,."1et?y Ave., 25407 Clarendon Street U,-46 Pleasant t.......... .... I............. StreetiFnd 25-113 Ple.nsnnt Street 1j '.....1 A� i 1 �............._.............. .... ........................... by the ToN•n of ................ North Andover I:l nl :Appeals affecting file rights of the owner with respret to the use of l n•mi- •- oo 9ixby Aye....Clarendon Street and Fl.ennant Street, North Andovert Mass. H,rrt , �•, r ...n .... the record title standing in the Hallie of Village Ln?xi...Comrany............ . .....................1. whose a4ress is......Elnl Street North Andover Massachusetts I". ... i .. s1... ee du e y r ( 1 111,- North.Essex . (.onoty Registry of 1)eeds in Books Pages ..... lirgi•t1y I)istriel of Clic Land Court b” 61 Certificate No.. . .......... .. ... ..... Book The derision of said Baud is on file with the papers in I)ecision or Case No..,S.:.�......... M in the of kc of the Tto,o CI,•rk North Andover, Mn Js. Signed this 2)thdny ,.f Mnrch� Boani of At) 1 /f ..Chairman / r ....Clerk Essex,ss. Recorded Apr. 22, 1968 at 17m past 2P.M. x/567 B00h t e . R k- c Irt v :Wn.V mortgage acknowledges s4tisfaction of the sitme. Tasex &Aps Bank holder of the %%ithill 1104 1-364. IN WITNESS WIIEREOF, tile said FsscvSnvings Bank has cased this instrument to lw execut ; oil PAGV and sealed with its corporate seal, by its undersigned duly authorisedauthorisedoftir this day of nr 11 A.D. 1966 2 1 3 FSjEX,/SAVINGS BANK By 4 I.- %lilfor 1pS '..'i co President R'I' (SammaitwiralA Lit 0409"4WM. Auri 1 7.3 z 1,9 6)' Essex, Then personittily gppeared the above named I--:- T mill cr vic:o Prrnid{)nt and of the Fsisex/savings Bank, the fo;vgoing instrument to be the free act' and, 44nowle,4011 Brnedwny� before ane, P 1Y j RCCOH(t(l tpr. 2P-' �.s CERTIFICATE OFA MUNICIPAL LIENS STATE TAX FORM 29-0 GENERAt. L-1., CHAP Go. SEC. 23 ci THE COMMONWEALTH OF MASSACHUSETTS Town-Of.Methuen OFFICE OF THE COLLECTOR OF TAXES Apri 15. OLE - Esq, It is hereby certified fromivilljl)lc IIIII)Illijtioll that hereinafter listed arc ill tics al assessments, water rates and Lhargk whith on the AN)vc date consillutc liens On the I'Alki:1 of rcil estate spVtitieA in )(,%Ir application dated 1111V AMOUNTS NOW PAYA141.1, Mi account of N,Itll rc.,I csl.ltc s,) far as they are ti\cti and jscertj�i:4-3(e itemized below. Any jilit)oIlt not asLcrtainablc is st, stated 1)1S( KlIrl'JON 01 KI At I•I A I E ic p -n gv-t I btrip 1,oit 56 Delmont FOrk F14n (#17 Ma-dis On St )(a t h le #n NAME OF PERSON AW:%SIA) __Qaunt 1.0CATION 01:_._17_Madison--alreet.-.Mt-huen, MasZ., NIUNWIPAI. 1.11 N'S 1,) (4-7 -kjL. TAX5 111au harges and I:ccs TAX TITLE ASSESSMENT Mo— 0 n - u LING 'I'.Wer — -- -- --- --- S,dcwAlk Slfcc-t Betterment I I,mmmcd Interest Sy 4' jy MA66Al, SILTT► QUITCLAIM Ut lI. IG•...,�"M i,•L1\W,ALt••i i' ^a >ireIT ARTHUR W. REYNOLDS, CHARLES P. RIMMR, JR., and RALPH G. BOYD, s �" 3,Trusteea of Village Land _Company under Declaration of Trust dated + 'Januar-y- 8, 19 -14, -recorded with Essex North District Registry of Deeds, Book � 3.3-8,- Page --35, as amended by instrument dated September 28, 1964, recorded with said Deeds, Book 1019, Page 156, by power conferred by said Declaration as so amended and every other power, , , ]otsomtbtok for considcration paid, grant to RONALD A. FOUNTAIN and ELIZABETH L. AIN, husband and wife as tenants by the entirety, of 21A Baldwin Street North Andover, Massachusetts �odmmizoix (D --p— ►od mcumbew s. d ►oi) lcertain parcel of land with the buildings thereon situated inNorth ►ndover, Essex County, Massachusetts, shown as Lot 421 on a platI tntitled "Plan of Land of Village Land Company (Plan X) Located in lorth Andover, Mass," dated February 1968, by Pembroke Land,S,urvey :o., recorded with Essex North District Registry of Deeds as Plon io. 5832 on April 22, 1968, and bounded and described as follows: jQVTHEASTERLY by Bixby Avenue, seventy-five and no/100 (75.40) feet; ;OUTHWESTERLY by land shown on said plan as of George H. 6 Gladys A. Fielding, seventy-nine and 01/100 (79.01) feet; ORTHWESTERLY by land shown on said plan as of George A. & da Fellows, seventy-five and no/100 (75.00) feet and IORTHEASTERLY by Lot #22 as shown on said plan, seventy-eig t and 68/100 (78.68) feet; taining 5,917 square feet, more or less, according to said pian. title reference is made to deed of Davis 6 Furber Machine C'I. to stees of Village Land Company, dated March 24, 1915, recorde with d Deeds, Book 351, Page+T,,Re ;rence is also made to noti e o iance recordedwith ea n e3s 7Ton April 22, 1968 y 1 oyA C afj i IIr t y i��` fICS 175 CISE lU Stlass. .OUX .....hand sand seal sthis_. / 9 .......................day of December 1 Y:. dB...- ............. .... CbAr' esp: Rif° r, ....................... a.p .G,. oy ... As Trustees as aforesaid and not individually BK3534 ' We, RONALD A. FOUNTAIN and ELIZABETH L. FOUNTAIN Essex County. Massachusetts of North Andover, t jp *****ONE HUNDRED FORTY EIGHT THOUSAND and NO/ 100 j in consideration of ($14&,000.00) DOLLARS paid, to PAUL W. PAPPAS and LINDA L.. PAPPAS, husband and wife, as grant 1 tenants by the entirety, of 17 Bixby Avenue, North Andover, MA With quitclttim couetutnte i 1 t�tc�tandxbtx St. in North of land with the buildings thereon s Lot n a plan — A certain parcel �°LOeate _in_ Andover, Essex�ounty;-Massae iusetrs._ hown_as company -- --- entitled "Plan of Land of Village Land ledLand Survey dated February Y Plan F" North Andover, :lass." Registry of as District w th22ssex randth Dbounded Co., recorrdedd andesribedeassfollows: No. 583 p a.' ; _- seventy-five and no/100 (75-00) '' SOUTHEASTERLY by Bixby Avenue, Gladys o feet; SOUTHWESTERLY by land shown on said plan as of George H. and O1/lOD (79.01& s A. Fielding, seventy-nine Idat, said plan as of George A. y C31 ' a a NORTHWESTERLY by land shown on Fellows, seventy-five and no/100 (75.00) feLthtaand seventy-eig _ + y NORTHEASTERLY by Lot #22 as shown on said plan, > >a 68/100 (78.68) feet. Z Y I vto l >, >? p X °a Containing 5,917 square feet, more or less, according said plan. m l ,, c the same remises conveyed to the grantors by deed of Arthur 1963 and recorded Being e 209. W. Reynolds, et al Trustees dated December.l9, of Deeds in Book 1123, Pag I ,�, 1 $+ with Essex North District Registry ,,, �Z This conveyance is subject to 1993 fiscal year real estate taxes the deed which -the grantees ` I pro -rated as of date of delivery of assume and agree to pay. cJ U G O , i 27th da of / August, 1992. � ' ) ��y Executed as a sealed instrument this Ronald A. Fountain nx _ r 4 _ , �y l',f�■1T{ ,;;� m Elizabeth L. Fountain X •• ( _ o y�hc ommontncaltlt of Passuchusctts August 27. 19 92 Essex Then %ppcared the above named Ronald A. Fountain and Elizabeth L. personalty Fountain thei. Xan( a decd and acknowledged the foregoing instrument to be r . - >, ` Bejort me. Naar yub& ugh J.�Doy xcxaxaa �- My commission exptim October 16, w 92 -b BK 4259 PG 125 We, PAUL W PAPPAS W LMA L PAPPAS Emc:x County, Massachusetts to coosideration of ******ONP DOLLAR (S1.00)****"** grant to LIMA L- PAPPAS, TRUSTEE of the BD(BY REALTY TRUST I of 17 Bixby Avenue, Nonb Andover, MA With TAtais A cuoun parcel of land with jbeballdingi tberogn gin—red in North An&VM Essex Canty. Mzaacbwetts, zbovra as Lot 02 Von a plan —ifled Tlm at Land of Village Land Company (Plan )o Located is North Andover. N(%M" dated Febr6ary 1%8. by Pembroke Land Survey Co., recorded with Essex North District Registry of Doods as Plan No. 5832 on April 22, 1968, and bounded sod demted as follows: SOMMASTERLT by Bixby Av .. c, seventy-five and DaI00 (75.00) feet; SOUTHWESTERLY by land shown on said plan as of George R & Gladys A. Fielding seventy-nine and 01/100(79.01)Leek NORTHWESTERLY, by land shown an said plan as of George A. & Wa Fellows, seventy-five and no/100 (75.00) feet and NORTIMASTERLY by Lot 022 as shown on said plan, seventy-c4ft and 69/100 (78.69) fed. Containing 5.917 square -fact, more or Im a=ording to said plan. Bring the sun premises couveyed to the grant= by dood of Ronald A. Fountain and Elinibeth L. fountain, dated August 27. l"2 and r=rded with Essex North District Registry of Deeds in Book 3534, pap 5. Exacted as a scaled 4ristrumen, this of may, 1995 c -J Paul-VpIpAsock ;---Eioft L Pappas f or Essex. sa. May- ngs Th- personally appeared the above named PAUL W. PAPPAS - — —1 and adolowledged the foregoing instrurnent to be their free net and deed. before me Myon ircs sr RfT.Ftr4 --.e- Ntn. 6, PA?P*5 -r-. irl"K sa . Ahrovwce- AfA. QIfIV O 0 Go N �-i Chain of Title David R. Meech & Jennifer L. Meech 18 Wiley Court Map 55 Parcel 12 Plan: Essex North Registry of Deeds Plan 0408, Book 248, Page 600 Lot 18 DATE BOOK PAGE 05/12/16 B. Alonzo Bixby to John H. Greenwood 364 395 02/17/48 Maurice Ravichi Court appointed Commissioner on Petition to Partition Land to Ida E. Greenwood 708 167 07/29/49 Ida E. Fellows, f/k/a Ida E. Greenwood to Ellen M. Sullivan 746 132 07/29/49 Ellen M. Sullivan to George A. &Ida E. Fellows 746 133 11/1/89 John J. Greenwood & Ann M. O'Sullivan, heirs of Ida E. Fellows to John J. Greenwood, Trustee of Johnson Realty Trust 3049 103 04/21/84 John J. Greenwood, Trustee of Johnson Realty Trust to David R. & Jennifer L. Meech 4028 157 ` �aQ(,I.!ST* MASSACHUSETTS DOR PARCEL LISTING ' PARCEL ID: 2101055.0-0012-0000.0 SALE DATE: 0000 t*** PARCEL LAST UPDATED : 9/ 6194 ACTIVE Y - YES ROAD -TYPE T - TWO-WAY STATE -USE -CD 104 - TWO -FAM -RES ROAD-CONDTN P - PAVED PAR -ADD -NO -1 18 TRAFFIC M - MEDIUM PAR -ADD -NO -A WATER PAR -ADD -NO -2, 0 SEWER PAR -ADO -ST -1 WILEY COURT SALE -PRICE t PAR -ADD -ST -2 SALE -DATE 5101994 PAR-ADD-i:MTY SALE -TYPE P - LANG-«-BLDGS OWNER -NAME -1 MEECH. DAVID R SALE -BOOK 05425 OWNER -NAME -2 JENNIFER L MEECH SALE -PAGE }is3 OWNER-ADDR-1 18 WILEY COURT CERTIDOr: OWNER-ADDR.-2 GRANTOR DAVID MEECH OWNER -CITY NORTH ANDOVER VERIF-SOURCE D - DEED OWNER -STATE MA SALE -VALID F - NO-CONVNIENT OWNER -ZIP 01845 VISIT -DATE 9061994 OWNR-COUNTRY MEASURE -DATE TOT-LND-AREA .23 ENTRANCE TAX -CLASS T - TAXABLE INFO -SOURCE RES -EXEMPT COLLECTOR -ID MMr, M* VALUATION # 1 LAST UPDATED 121 2190 COST-TOTAi. 163600 GROSS -INCOME RCN t41873 TOT -EXPENSES RCHLG 93365 NET -INCOME COST -BLDG X3300 �,AP-INCOME COST -LAND 70345 TOT -INC -EST COST -DATE 1-1152000 FINAL -VALUE 163600 *M LAND # 1 LAST UPDATED : 3i 3194 (.AND -TYPE P - PRIMARY iNFLUENCE-1 STATE -USE -CD 104 - TWO -FAM -RES INF1-ADJ-AMT IALUE-METHOD a - SQUARE -FOOT iNFI-ADJ-PCT 100 FRONTAGE INFLUENCE -2 DEPTH LONE R4 - MLTI-FAM-RES SQUARE -FEET 943.3 NBHD-CODE 4 ACRES NBHD-(:LASS i )5107101 PAGE INSPECT -REAS REINSPECTION DATA-CNG-TYP DATA-CHG-DTE MEMO -t MEMO -2 MEMO -.3 MEMO -4 MEMO -5 PCT-RES-RLD PCT -COM -BLD PCT-iND-BLD PCT-RES-LND PCT -COM -IND PCT -IND -LNG N8HD-CODE HBHD-CLASS TOT -FIN -AREA LAND -VALUE BLDG -VALUE PRI-TOTL-VAi. PRI-LAND-VAL PRI -BLDG -VAI TOPOGRAPHY SOUND -VALUE i.AND-VALUE INCOME -FLAG LAND -CLASS Fr. - '16ht944 WH 00055 00012 00000 i 4 2134 70300 .3 i-300 131306 5A00D 73300 0345 f *PPIRCL IST* MASSACHUSETTS DOR PARCEL ID: 210/055.1-0012-0000.0 RESIDENCE # ,KETCH :SEE SKETCH STATE -USE -CD 104 - TWO -FAM -RES OCCUPANCY BLDG -STYLE CD - CONVENTIONAL CONVERSION STORY -HEIGHT 2 ROOF -TYPE M - MANSARD ROOFING AS - ASPHALT-SHNG EXT-WALL-TYP AV - ALUMNM-VINYL MASONRY -TRIM FOUNDATION 7T - STONE HEAT -TYPE ST - STEAM i(IEL-TYPE ii - OIL FIREPLACES )TACKS HEARTH i:ENTRAL-A1C N - NO MAIN -FN -AREA 1179 UPPR-FN-AREA ?55 ADDL-FN-AREA ADD -FN -GRADE UNFNSHD-AREA ATTIC PARCEL LISTING 05/0110; PAGE :TALE DATE: 0000 iCONTINUEDI LAST UPDATED : 9i 6194 BSMT-TYPE :.ARPORT-SQFT BSMT-AREA 916 PORCH -TYPE -1 E - ENCLOSED 8SMT-0ADE PORCH -AREA -1 538 FN-BSNT-AREA GRADE-FCTR-1 FN-BSMT-GRAD PORCH -TYPE -2 P - PORCH TOTAL -ROOMS 9 PORCH -AREA -2 2 HUM -BEDROOMS 4 GRADE-FCTR-2 FULL -BATHS 2 PORCH -TYPE -3 HALF -BATHS PORCH -AREA -3 EXT -BATH -FIX GRADE-FCTR-3 BATH -DUALITY T - TYPICAL MISC-ATT-STR EXT -KITCHENS NISC-STR-VAL XITCHEN-QUAL T - TYPICAL MISC-STR-VL2 INT-CONDTION A - AVERAGE LENGTH raT-0NDTION F - FAIR WIDTH OVERALL -GOND A - AVERAGE MEMO 11VERALL-00 A - AVERAGE PHY-PCT-GOOD YEAR -BUILT 1660 FUN -PCT -GOOD FFF-YR-BUILT [957 Ei.N-PCT-GOOD BSMT-GAR-CAP PCT -COMPLETE BSMT-GAR-SF BLDG -FACTOR ATT -GAR -CAP RMAIN-PCT-GD 6k ATT-GAR-SQFT 5OUND-VALUE BASE HO SEC STORIES AREA PERIM ERR V E C F:SL16D29L7028R602R8(12R9t118R5U F 1.00 1179 174 [i151)28/P:LO160029SL5U5R5D5iE: P 1.00 25 20 E 1.00 238 82 i)057SU1BR7D25Li6t17R9/-F:D057SL -F 1.00 955 144 B 1.00 916 136 t3U2RR7U16Ri6D15R5D11L5D18i8:D AREA BY STRUCTURE TYPE: ;i57SL90218U2L6U28R7U16R16D44ii MAIN -FN -AREA 1179 UPPR-FN-AREA 955 BASEMNT-AREA 916 FNCLSD-PORCH 238 i PORCH 25 ,oAT.CLIST* MASSACHUSETTS DOR PARCEL LISTING 8.5107101 PACE • PARCEL ID: 2101055.0-0012-0000.0 SALE DATE: 0000 (CONTINUED) M* DETACHED STRUCTURE # 1 LAST UPDATED : 6/2.5192 STRUCTURE C,1 - GAR -1.0S MIN -%-GOOD BLDG -FACTOR DET-STRU-CLS GRADE A - AVERAGE RMAIN-PCT-GD 50 UNITS 5 - SQUARE -FEET CONDITION A - AVERAGE RCN 17270 MEASURE -1 96a PRY -PCT -GOOD yi, RCNLD 8635 MEASURE -2 FUN -PCT -GOOD SOUND -VALUE EFF-YR-RUILT 1988 ECN-PCT-GOOD [;OST -BLDG 8600 ANN-PCT-DEPR PCT -COMPLETE INCOME -FLAG r 304 395 �. 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I6 16 0 res r W rY� V U v l ..,,.f� .rr�),_, >• } cSL.t2tT�JY13`s.J� �.d-1S:J-L9�O- S1 �, �. .�..is �.�}� ;ir�.as�� vv'(�. . Asr-%-C-1 m�yvuYUJi 0 .1,�j.AVCfY�O,SY$ . tc•,�-�,-,�..r �,r,.9.sY-r,�-� .�. �r,�.st ..�.r.�-r-r� � �I rwsY\: n J:I,srus l ,. �1-`tr. `U � .•� ,,,.�_d �"t'J''l'...gr.��� �c7^�o_S`_t�c��._ _r.�d-a_�.rr�,'.1. 1'� cf ..G�s.Lr_!: jc rrca- ISr3-1 QL� r\ -J, -t f T\ -u SAI AS s mi -z' AD' Y-\.-Lrr X-IiJ r r X.\Z:L-u a _2ry-\.-,L -5-, -m-r y UL ry-x- J-4 .ti --\-J-Y-- -t Lu t Cl rrwryu-JA-Q& A4,3,ct cy-rt- 3-�Soa T y O -PCI It- zo�- y\iim u r Tf-1s�- L�XY-Tfuy-y-,.S"`-Y,U 'S6 kal zsy-y�,-\Z,L, sul-� -Iajy-IrL 4-1 SLA-, r-(� �-. �-,3-6-,-1.. slT � Qs k sn- -FA -N� ..ISL M4 zrl(-\I-"� and 108 7 11O-rt&,qeeand the pronounsrefer�in,, to them shall 11 "Is plural, or faminine,In case this loan aid One Year from irr full the date hereof _,n. is p f the bank reserves. rii'llt to char One full ye, the, -Ar'S interest thereon. We, Will; C !A Im Peter on ;:d Jpan")ebers0n) Said ijor,6a-vors jM1 release to the of t e ila mortga it �Zjc. gee all �c, 1 1, Y by CU1h11T1,';3y) !)()WER AND HOMEST 4 e t Is STEAD and other. 3 her. 'inter_' I the mort6aLed Premises. dal'0' F�bruary1948, SS Our hands and sa - . seals this 24th I j, Pira Cus;-aor" )William C. Peterson of Plassa �husetts, c )Jean Peterson ssex,ss. February 24, 1948. Then 'personally appeared the Peterson and dean pe named above terson and acknowledged thetl inst, rwijelit to be thair free I. act and deed' before foregoing ;votary Public. Charles A;McCarthy My comm' expires T, March 5, 19 4. j.,; -9 0 (�'X 8S He a ved Feb -24,1948 at 27m past 1p-M-RecOrded and E' xamine'd�' 51- avich, of Lawr ence,Essex Count aai}t Y, Massachusetts,C6 0 -akc, partition 11 Of land hereinafter Ra—vi cjtj, t er es P ri be d. c OrM111 among the C6 on by Power c0nf6rrad by the Prob4t a ,CourtJo -'Essex icount'k..;, f dated b ecembe'r 1' 1947. �See,!. Y spex_Cdunty ',Rr6bat every other power, f PP, red. dollars�' t O`qj�' paid,,, g Greenwo' or S anty, one ne �,h' Z i dJ r a n i ,221700) and}'�4rikA IF riAlWy" o d "of aver hill in Said 'County''ne S . an di,� Comd North Andov X, er ij Onwealth*��,�he` I I Pdi'd: Count d Y �411. Uommb 7 11wea ti W Cribed ,as UUNDED:�-dtjjd��` foll, w pa; 0 S:. certain tot, ..T 71P4Vr.`, situated b - ;_;z.',...� , 0outherl q ulldihEs -t;tli W.— r0171"Wat er,Sin 'We -IVQrth _d �'.LS .6 of th an subdivision of Lot e John A. Lor c' corded J ri the .111-P et al, plan of ' I �1: ** " an, Lands a Essex South District Re S r..e-- JUO, �trld bounded. Regi, Of Deeds, Book 46 and d escribed as follows: age 7 Ierly cor)j.j:r, Beginning 4 Ing at the.. Southwest thoreof at land now or formerly of one McDonald and kno wn as Lot Oil said Plan; thence running E 113 OnL asterly by Lot said rlcjw known as Bixby land, a distance of 99. Plata' 05 feet to a bound at. Lot on said Plan' now known as the Davis and Fu J rber Machine Company land; thancE! ruflrl"�' Northerly by said Davis and Furbei Machine Company la*�di said Bixby lille a distance r 411el 84 feet to a bound; thence running Westerly On a line about,pa ,to Of 99-43 feet to said McD Lot k5, and thence .McDonald land t said Southerly by said Lot #5, 84-35 feet to the� .."P, begirilli point I'o ng- Containing 8,353 square fee 'anc'a 7. t more or less: Is made subject to and with the berlafit of This Cc;tx y all rip right QvOr 1.h,_� VIV Of way andi oste"IY Sid passagpi . -A, e of said prairlises and the prenjises next adjoiili'ng,1 ji Or' the North as far as Water Street. W Being the same d L" premises c, e to John rl ve Greenwoodid�by Georg7i fes` arid recorded withe the ES, e L� Arright by deed dated April 24 J.915� sexAqorth District Registry Of Deeds, Bo' x,, i i � �ll,� 'r. 368. See also ok 352 c011firMatory deed from Georg e L. wri 4 -It to John A. K r I Folley to Andover Say. }dank _Greenwood dated October 27, .197.3, and recorded in the F:ssea P?oa:l;lr Di.s•- trict Registry of Deeds, Houk 1,91, Parte 305. Also, a cerr,:ai.n of land situated in said North Andover on the.Southeast(-;rl.y s:id,; of ,a street running from Pleasant Street to the Davis & Furber land, now 0.1. once in said North .Andover, and known as Lot felt# on plan of Alonzo I Bixby land as recorded in Essex North District Registry of Deeds, Book 248, Page 600, and bounded and described as follows: Northeasterly j 79.01 feet by Davis & Furber land now or once; Southeast(rl.y 45.75 feet i by Lot. ;#7 on said Plan; Southwesterly 79 f(,et by Lot #17 on said Plan; i and Northwesterly 46.01 feet by said street as laid out on said Plan. i Containing 3,627 square feet more or less. Beim; the same pi,emises 'i corrveyed to John H. Greenwood by Alonzo Bixby by deed dated May 12, ! 1.916, and .recorded with the Essex North District Registry of Deeds, j i Book 364, Page 395. WITNESS my hand and seal this seventeenth day of i -February, 1.948. )Maurice Ravich The Commonwealth of 7hassachusetts.)Comrnissioner `1 i l;;ssex,ss. February 17, 1948. Then personally appeared the above named Maurice Ravich, Commissioner and acknowledged the foregoing instrument to be his free act and deed, before; me, William H. Daly, Notary Public My commission expires August 9, 1951. Essex,ss. Received Feb.24,1948 at 25m past- 2P.Ni.Recorded and. Examined. KNOW ALL MCN BY THESE PRESENTS' that I, Harriet C. Williams assignee and! present .holder of a certain mortgage given by Winfield C. Folley to Williams Realty Corporation dated August 21, A.D. 1944, and recorded ,with Essex North Registry of Deeds, book 666, page 339, do hereby ac- i 1 knowledge that I have received from Winfield C. Folley the mortgagor `named in said mortgage, full payment and satisfaction of the same; and i. _in consideration thereof I do hereby cancel and discharge said mortgagje land release and quitclaim unto the said Winfield C. Polley and his heirs i and assigns forever, the premises thereby conveyed. IN WITNESS W11F-REOFi I hereunto set my hand and seal this 18t -,h day of February A.D. 191,8. ISigned and sealed in the presence )Harriet C. Williams of W.C. Ford. The Commonwealth of Massachusetts. Essex,ss. Feb. 1.8, Ii i 1948. Then personally appeared the above named Harriet C. Williams andi I ; acknowledged the foregoing instrument to be her free act and deed, be - :1 fore me, Vvil.liam C. Ford, Notary Public. I;y coin-id.!cion e,cpi.rc ; Oct. 28, 1949. Essex,ss. Received Fub.2Lej1(LF8 at 35m past 2P.M.Recorded and ixa i.nod. .I, l'Jinfield C. :'oll.ey, beim; unmarried, of Andover, Essex County, Mass-?' j-chusett33, for consideration pal(i, ,,rant to the' Andover `,.;avings j.low's: Beginning at a point about one hundred seventy feet southerly . ,a ,O �'742Y" ,'from the southerly line of Water Street and at land of John H.Greenwoo ;thence running northerly about seventy eight feet and six inches by ;!land now or formerly of the Davis & Furber Machine Company to land now r for formerly of one Harrington; thence running westerly by said Harring� !to i land about ninety nine and 86/100 feet to land of one McDonald,nowl or Formerly; thence running southerly by said McDonald land about sev-� :ienty eight feet and six inches to land now or formerly of said John H. 0 O Greenwood; and thence running easterly by said John H. Greenwood's lana about ninety nine and 43/100 feet to the point of beginning, containing about seven thousand eight hundred twenty one feet be the same more or Jr— less. Being.the same premises.conveyed to Ida E. Greenwood, now Ida EJ i 'Fellows, by deed of Marie Louise Morneau, et als, dated June 26, 1928,1 i andirecorded Essex North District Deeds, book 540, page 570. Being the! I I -same premises conveyed to the grantor by deed of Ida E. Fellows,of eveA idat� and recorded herewith. This conveyance is made subject to and witkl the benefit of all restrictions, easements, rights, agreements and i stipulations of record, if any, insofar as the same are now in force and applicable, and also subject to any outstanding mortgages, if any,., land unpaid taxes. The consideration for this deed is less than 3100. i !WIT1ESS our hands and seals this 29 day of July 1949: The!Commonwealth of Massachusetts. )Ellen M. Sullivan j Suffolk,ss. Boston, Mass. July 29, 1949 Then personally appeared ;the ,above named Ellen M. Sullivan ;and acknowledged the foregoing in - 0 strument.to be her free act and deed, before me, Francis J. Roland,No_I ;tart' Public. My commission expires March 24, 1955•. .Notarial Seal). �• Essek,ss.Received Jan.5,1951 at 2rr past 3 P.M. Recorded and Examined. I Fellows ;I, Ida E. Fellows, formerly Ida E. Greenwood, of North Andover, Essex — to County, Fiassachusetts, for consideration paid, grant to Ellen M.Sulli-1 Sullivan van of Belmont, Middlesex County, with QUITCLAIM covenants the land in North Andover in said County and Commonwealth and is BOUNDED and de - II :!scribed as follows: A certain parcel of land with the buildings thereI on, situated southerly from Water Street in said North Andover, and isl asubdivision of Lot #6 of the John A. Loring et al, Plan of Lands as ,recorded in the Essex South District Registry of Deeds, book 468, page, 300,,and BOUNDED and described as follows: Beginning at the southwest, erly corner thereof at land now or formerly of one McDonald and known as Lot #5 on said plan; thence running easterly by lot /%13 on said plan now known as Bixby Land, a distance of 99.05 feet to a bound at Lot E7,: on said plan, now knov,,n as the Davis and. Furber Machine Company land, i thence running northerly by said Davis and Furber IIachine Company land. I♦ 84 feet to a bound; thence running westerly on a line about parallel to said Bixby line a distance of 99.43 feet to said McDonald land at said Lot #5; and thence southerly by said Lot #5, 84.35 feet to the point of beginning. Containing 8,353 square feet, more or less. Also a certain parcel of land situated in said North Andover on the south- easterly side of a street running from Pleasant Street to the Davis & Furber Land, now or once in said North Andover, and known as Lot x{18 on plan of Alonzo Bixby land as recorded in Essex North District Reg- istry of Deeds, book 248., page 600, and BOUNDED and described as fol- lows: Northeasterly 79.01 feet by Davis & Furber land now or once; southeasterly 45.75 feet by lot #7 on said plan; southwesterly 79 feet by Lot #17 on said plan; and northwesterly 46.01 feet by said street al laid out on said plan. Containing 3,627 square feet, more or less.Be- ing the same premises conveyed to Ida E. Greenwood, now Ida E.rellows,i -by deed of Maurice Ravich, dated February 17, 1948 recorded with North.. Essex Deeds, book 708, page 167. This conveyance is made subject to and with the benefit of all restrictions, easements, rights, agreement: and stipulations of record, if any, insofar as the same are noi te in force and applicable, and also subject to any outstanding mortIgages,if lany, and unpaid taxes. The consideration for this deed is les than !$100. George A: Fellows, husband of said grantor, release to aid (grantee all rights of tenancy by the CURTESY and other interests there. lin. WITNESS our hands and seals this 29 day of July 1949. The Commonwealth of Massachusetts. )Ida E. Fellows Suffolk,ss: Boston, Plass. July 29,)George A. Fellows 1949. Then personally appeared the above named Ida E. Fellows and ac- knowledged the foregoing instrument to be her free act and deeo,before me, Francis J. Roland, Notary Public. lAy commission expires March 24, !'1955. (Notarial Seal). Essex,ss.Received Jan.5,1951 at 2m past 3P.M. Recorded and Ermined. i i I, Ellen M. Sullivan, of Belmont, Middlesex County, Massachusetts,be- ing unmarried, for,_c.on-sideration paid, grant to George A. Fellows and !Ida E. Fel ows, husband and wife, as tenants by the entirety, lloth of North Andover, Essex County, with UITCLAThI"covenants the land in said North Andover; in said County and Commonwealth and is;"'B4OUND.ED and de- scribed as follows: A certain- pa-r•c�-ol "of- Mand with the buildinL�s there on, situated so•ut'l erly from Water Street in said North Andoverl, and is a subdiv'sion of Lot #6 of the John A. Loring et al, Plan of Lands as recorded inthe Essex Souin`D glct—i�eeisi� v_of Deeds_ hook iL68.nnm- 300, and bounded and described as follows: Be inni, ~ . gam_ g.._at._the_.so_t��wes .erly corner thereof at land now or .ormerly of one McDonald and known Sullivan to Fellows et ux .84 feet`to a bound; thence running westerly on a line about parallel i Itro said Bixby line a distance of 99.43 feet to said IvicDonald land at i said Lot #5; and thence southerly by said Lot #5, 84.35 feet to the ;point of be;;inriing. Containing 8,353 square feet, more or less. Also a certain parcel of land situated in said North Andover on the south- easterly side of a street running from Pleasant Street to the Davis & Furber Land, now or once in said North Andover, and known as Lot #18 on plan of Alonzo Bixby land as recorded in Essex North District Reg- istry of Deeds, book 248, page 600, and BOUND13D and described as fol- lows: Northeasterly 79.01 feet by Davis & Furber land now or once; southeasterly 45.75 feet by lot #7 on said plan; southwesterly 79 feet by Lot #17 on said plan; and northwesterly 46.01 feet by said street a laid out on said plan. Containing 3,627 square feet, more or less.Be- ing the same premises conveyed to Ida E. Greenwood, now Ida E.�ellows, -by deed of Maurice Ravich, dated February 17, 1948 recorded with North Essex Deeds, book 708, page 167. This conveyance is made subject to Viand with the benefit of all restrictions, easements, rights, agreement land stipulations.of record, if any, insofar as the same are noW in i `force and applicable, and also subject to any outstanding mort ages,if Jany, and unpaid taxes. The consideration for this deed is les than �$100. George A: Fellows, husband of said grantor, release to aid i �. i !grantee all rights of tenancy by the CURTESY and other interests there ! in. WITNESS our hands and seals this 29 day of July 1949. fhe Commonwealth of Massachusetts. )Ida E. Fellows I ;Suffolk,ss: Boston, Mass. July 29,)George A. Fellows 1949. Then personally appeared the above named Ida E. Fellowsand ac- knowledged the foregoing instrument to be her free act and deeo,before me, Francis J. Roland, Notary Public. l -,y commission expires March 24, .1955. (Notarial Seal). Essex,ss.Received Jan.5,1951 at 2m past 3P.M. Recorded and Examined. ,I, Ellen M. Sullivan, of Belmont, Middlesex County, Massachusetts,be11 - ing unmarried, for consideration paid, grant to George A. Fell6ws and i Ida E. Fellows, husband and wife, as tenants by the entirety, �oth of :North Andover, Essex County, with QUITCLAIM covenants the landlin said North Andover; in said County and Commonwealth and is BOUNDED and de- 1 scribed as follows: A certain parcel of land with the buildin0s there; on, situated southerly from Water Street in said North Andover!, and is I a subdivision of Lot #6 of the John A. Loring et al, Plan of L¢nds as I: recorded in the Essex South District Registry of Deeds, book 4�8,page 300, and bounded and described as follows: Beginning at th6 southwest- erly corner thereof at land now or formerly of one McDonald and known Sullivan to Fellows iQ et ux O i !las Lot #5 on said plan; thence running easterly by Lot #13 on said pla now known as Bixby land, a distance of 99.05 feet to a bound at Lot #7 iion $aid plan, now known as the Davis and Furber Machine Company land; i thence running northerly Iby said Davis and Furber Machine Company land X84 Feet to a bound; thence running westerly on a line about parallel to Isaii Bixby line a distance of 99.43 feet to said McDonald land at said) Lot1#5; and thence southerly by said Lot #5, 84.35 feet to the point !of beginning. Containing 8,353 square feet more or less. Also a cer- taiIVi parcel of land situated in said North Andover on the southeasterly sid',e of a street running from Pleasant Street to the Davis & Furber land, now or once in said North Andover, and,known as Lot /fl$ on plan of )Alonzo Bixby land as recorded in Essex North District Registry of Deeds, book 248, page 600, and BOUNDED and described as follows: North) I ,easterly 79.01 feet by Davis & Furber land now or once; southeasterly I 45-175 feet by lot 117 on said plan; southwesterly 79 feet by Lot #17 on ;saild plan; and northwesterly 46.01 feet by said street as laid out on sand plan. Containing 3,627 square feet more or less. This conveyance) i islmade subject to and with the benefit of all restrictions,easements,l' rights, agreements and stipulations of record, if any, insofar as the same are now in force and applicable and also subject to any outstand- I �inO. mortgage if any and unpaid taxes. The consideration for this ;idedId is less than ]100. WITNESS my hand and seal this 29 day of July 1949- .)Ellen M. Sullivan ;The Commonwealth of B'Iassachusetts. Suffolk,ss. Boston, July 29,1949. ;Then personally appeared the above named Ellen M. Sullivan and acknowl• i edged the foregoing instrument to be her free act and deed, before me, ,iFra'ncis J. Roland, Notary Public. My commission expires March 24,1955, (Notarial Seal). ;f-Essex,ss.Received Jan -5,1951 at 2m past 3 P.M. Recorded and Examined. --I i Discharge ;That I, Harry R. Lawrence, of Lawrence, County of Essex and Common - Lawrence :wealth of Massachusetts, assignee and holder of a mortgage from George to M.;Austin and Alice M. Austin, husband and wife, in the right of said i Austin lAlice M. Austin, to.James Thornton, dated June 20, 1922, recorded with et conj.North District of Essex Registry of Deeds, book 460, page 77,acknowl- Mort. Rec. J edge satisfaction of the same. WITNESS my hand and seal this seventh B460, P77jP . day of April 1941. . )Harry R. Lawrence The Commonwealth of Massachusetts. Essex,ss. April 7,1941. Then personally appeared the above-named Harry R. Lawrence and acknowledgedi the foregoing instrument to be his free act and deed, before me, Luke J. Devaney, Justice of the Peace. Icy commission expires Sep. 7, 1945. Lssex,ss.Received Jan -5,1951 at 12m past 3 P.M. Recorded and Examined.,] rcl_�,," B K 240 5 I -� /. w•✓f Or .JI w l• WMJ. I••• r.M MbrNI I .»t•a On �•t'•-= 136 W. MICHIGAN AVENUEI '36 W. MICHIGAN AVENU __ �_„��V.'._� GEORGE ALBERT FELLCCIS n•rr 3ANUARY 27 1961 _ t / O.TI a urTr. —%:m • i. pe. 7 eai r .i.-• u ol^n •� t t1i - L ..O:O, 0, .Kc % Wn•ISD ® Y(�t •-�••,'toL I 1«1 N•Iwr Y J•rw Nw.. V+ • MALE AUCASIAN /,pOr,p f✓e•rLnC FEiiRUhRV 21 IBBbj_AO f^l •l •IT la s.•t occun•o. r. .:.-�.!•«L W< lob ...Do, .✓S�w(tlb•rwwtll♦ Ir p•,✓rI .[f v�lr •r r.Ynr.e..nTl 3 (aVr.r.wr tO.nn.r •,`n �•• YA3`(�GC`t ��°e� »r,rlrmra• COLLEGE UASS401MS ( rTS—U.S•A•_—.-_— ►Ha, ...... S,..1 ----• 11 r.r:.d•:.✓L • ,,,,, PHILGN FELLOWS EViTH TYLER— I..rxl.(u(....•.„ I/ Iw..�Aw ..I. •■, •� �,�` 23& :J. MICHIGAN AVENUE DEL NP. FLORIDA C+13 -t:-1061 I. c.v.. o/ K•rw l..rr. ..ry .,. u•N n• »•• h• •u ,... <•1 .r• I .-. rs1 up m /Vn•.•1 /•rt. a•I. •,•t utva.r % p r •r 117 11 fl r•t• (•..IV•rnl. •I •, I. pV( 10..1 � !"•� llla� /� j A_� �•.0 � •tan ln• ••rr( /«; r•» /. I L 1 • t • 1 Jwr • •• lly rYI,J r•, •,Irr. OVI Tp I• ._. •Ilntn )] r••Tn pry,w.r,K•+I(pdr.'a.Sfpr••w!•M r00t•nMwDr•tl•nO ro rM n•.:..:awuctwrw c•w•Y. w•.,•• rin.pll✓W `,• r.—n�i..Trl--_—__.____ .iM o(xnw •.o. :✓l a.. ort rwn L.•r ,... r « I+•r .• 1•.•r I « !•«r 1: •1 ✓r• :1 •\InA •^I � � •t C:CI ,t •\•Dl vent KCl • • w a .. a ] . :w1Y•. 2 tot • • mc.. -lo i0r h.cl OT Vlll. , lr / . r, «^ W 4v. IDIC­ M lnC.tlU. cw%l• st.1t .w` •1 rl .Oi .✓vel Mme. M«r. ✓•rN..IA•r Y1/ . »f -- {A •ne N.r ... w T .L..• un _ .. .. rI l .,,.-d-4 .». ra...•✓ bom w o„ 7:. 5 P. _rn•a...... •n✓)oLb D••r d nl, •.Lr/..N .n lb umn.br•✓ t:.-SIOw.rV ••• �• % 4.0i N. 9OULEVARD, DELAVP FLORIDA! •ct` •a •. tw ._.•. ••w. iv. o•r1 2k w•rl �a fl.., r, •. n.,•f r.•n. iv aoc•rt•w .l'r, +.. •.•r.• . t RE' (/24/67 UNAVAILABLE -_ L NORTH ANDOVER MASSACHUSSETT .•f] i• craG s w11291KFhKO•tFt1N RdE rrOur �ri n.a cn ..,u.I .m rp, :il.• sn:+i•Y•i / --- — A...IIw} %i) •i"i/+?eF�:�B' FLORIDA �'-�`/- r�_�t, �.• ,\ ��.,\,3l•_•x_. r o":PI'rD :(TY ")cal °ep3:r1r'a hereby cert"., the above to Le a :rue and correct co;.y Of .hN record on fi:r L:: '.he ':o:uela C(lun:y He:•'.th Dt.t•artmer•t a: nyb$\^eland, �;nr.✓:,• e•�eleoI .If the Yoir:_•:a Courty Fe ::t 'le PurLmen! n `G i.It"ixed.)Vv 'Y $7 fte icer 'L: o. t? APgiatrar $7 ( __ tote: ^� ! . Lo,:-! _:r _AJ•F°.sitar' Recorded dan.9,1987 at 9:36AM #599 CERTIFICATE OF DEATH . -• -- .. ,•. eTAT2 eOALID 00 NCALTM RATe rlLC NO. _ - OUREAV 01 VITAL WTATITCe FLORIDA i J .TCIeTw.w a No. rta •n•n ":P. 1T elw+w wo COO[ NO. 7 VWAI w[NKKCIwM..r.. r..a 1'r.r•T. •r W.»•."..rr.r...I s cover• .. v, •1 1 (CACI •I KATM • cp"T VOLUSIA • srrt( A •I t.DI_.l ,/ 11•<r1 1 C.I. TOww W aOC•19w (. .S K•(L O• N•,w ( CIT. TOrw.p• lK•rOw I•riTl• 1; ^rr- L DE LAND rwYfN Crt<l:rrit•t�•• L•Ot -oU DECA�ID I !.Ad _•4t�-' .,�.. —I r nm, •ooN ss — /. w•✓f Or .JI w l• WMJ. I••• r.M MbrNI I .»t•a On �•t'•-= 136 W. MICHIGAN AVENUEI '36 W. MICHIGAN AVENU __ �_„��V.'._� GEORGE ALBERT FELLCCIS n•rr 3ANUARY 27 1961 _ t / O.TI a urTr. —%:m • i. pe. 7 eai r .i.-• u ol^n •� t t1i - L ..O:O, 0, .Kc % Wn•ISD ® Y(�t •-�••,'toL I 1«1 N•Iwr Y J•rw Nw.. V+ • MALE AUCASIAN /,pOr,p f✓e•rLnC FEiiRUhRV 21 IBBbj_AO f^l •l •IT la s.•t occun•o. r. .:.-�.!•«L W< lob ...Do, .✓S�w(tlb•rwwtll♦ Ir p•,✓rI .[f v�lr •r r.Ynr.e..nTl 3 (aVr.r.wr tO.nn.r •,`n �•• YA3`(�GC`t ��°e� »r,rlrmra• COLLEGE UASS401MS ( rTS—U.S•A•_—.-_— ►Ha, ...... S,..1 ----• 11 r.r:.d•:.✓L • ,,,,, PHILGN FELLOWS EViTH TYLER— I..rxl.(u(....•.„ I/ Iw..�Aw ..I. •■, •� �,�` 23& :J. MICHIGAN AVENUE DEL NP. FLORIDA C+13 -t:-1061 I. c.v.. o/ K•rw l..rr. ..ry .,. u•N n• »•• h• •u ,... <•1 .r• I .-. rs1 up m /Vn•.•1 /•rt. a•I. •,•t utva.r % p r •r 117 11 fl r•t• (•..IV•rnl. •I •, I. pV( 10..1 � !"•� llla� /� j A_� �•.0 � •tan ln• ••rr( /«; r•» /. I L 1 • t • 1 Jwr • •• lly rYI,J r•, •,Irr. OVI Tp I• ._. •Ilntn )] r••Tn pry,w.r,K•+I(pdr.'a.Sfpr••w!•M r00t•nMwDr•tl•nO ro rM n•.:..:awuctwrw c•w•Y. w•.,•• rin.pll✓W `,• r.—n�i..Trl--_—__.____ .iM o(xnw •.o. :✓l a.. ort rwn L.•r ,... r « I+•r .• 1•.•r I « !•«r 1: •1 ✓r• :1 •\InA •^I � � •t C:CI ,t •\•Dl vent KCl • • w a .. a ] . :w1Y•. 2 tot • • mc.. -lo i0r h.cl OT Vlll. , lr / . r, «^ W 4v. IDIC­ M lnC.tlU. cw%l• st.1t .w` •1 rl .Oi .✓vel Mme. M«r. ✓•rN..IA•r Y1/ . »f -- {A •ne N.r ... w T .L..• un _ .. .. rI l .,,.-d-4 .». ra...•✓ bom w o„ 7:. 5 P. _rn•a...... •n✓)oLb D••r d nl, •.Lr/..N .n lb umn.br•✓ t:.-SIOw.rV ••• �• % 4.0i N. 9OULEVARD, DELAVP FLORIDA! •ct` •a •. tw ._.•. ••w. iv. o•r1 2k w•rl �a fl.., r, •. n.,•f r.•n. iv aoc•rt•w .l'r, +.. •.•r.• . t RE' (/24/67 UNAVAILABLE -_ L NORTH ANDOVER MASSACHUSSETT .•f] i• craG s w11291KFhKO•tFt1N RdE rrOur �ri n.a cn ..,u.I .m rp, :il.• sn:+i•Y•i / --- — A...IIw} %i) •i"i/+?eF�:�B' FLORIDA �'-�`/- r�_�t, �.• ,\ ��.,\,3l•_•x_. r o":PI'rD :(TY ")cal °ep3:r1r'a hereby cert"., the above to Le a :rue and correct co;.y Of .hN record on fi:r L:: '.he ':o:uela C(lun:y He:•'.th Dt.t•artmer•t a: nyb$\^eland, �;nr.✓:,• e•�eleoI .If the Yoir:_•:a Courty Fe ::t 'le PurLmen! n `G i.It"ixed.)Vv 'Y $7 fte icer 'L: o. t? APgiatrar $7 ( __ tote: ^� ! . Lo,:-! _:r _AJ•F°.sitar' Recorded dan.9,1987 at 9:36AM #599 COMMONWEALTH OF MASSACHUSETTS FILED 2 5 THE TRIAL COURT THE PROBATE AND FAMILY COURT DEPARTMENT Essex Division Docket No. Gcc I PROBATE OF WILL- WITW - WITHOUT- SURETIES Name of Decedent _____ Ida E. FELLOWS, Domicile at Death 18 Wi 1 Py Court- North Andover, _ _ Essex (street and no.) (city or town) (county) Date of Death July 4, 1985 Name and address ofPetitioner(s) John J. Greenwood, 40 Great Oak Street, North Andover. Massachusetts 01845 Status Executor Heirs at law or next of kin of. deceased including surviving spouse: Name Residence Relationship (mineprs and incompetents must be so designated) ✓John J. Greenwood 40 Great Oak Street, No. Andover, MA Nephew_ Ann M. O'Sullivan 7 Amesbury Street, Seabrook, N.H. Niece That said deceased left a will -3R@E- herewith presented, wherein your petitioner named execut or wherein the testat rix—has_ requested that your petitioner— be exempt from giving a surety on_li.i.s_bond . Wherefore your petitioner_ pray--sL that said will -x id - may be proved and allowed, and that —he— be appointed execute thereof, with2u--%urety on h is bond_—, and certif let3nder the penalties of perjury that the statements herein contained are true to the best of --h-Ls- knowledge and belie Dated July 9. 1985Sig551 natures) The undersigned hereby assent to the foregoing petition and to the allowance of the will without testimony DECREE including the Attorney General of said Cottmmealth All persons interested/having been notified in accordance with the law or having assented and no objections being made thereto, it is decreed that said instrument —be_ approved and allowed as the last will and testament of said deceased, and that said petitioners) John J _ GTpt-rnyood of North Andover in the County of Essex be appointe execut or thereof, first giving bond with-outsureties, for the due orm ce of said trus Date Justice of the Probate and Familv Cou CJ -P 2 (5/80) BK3040 Vie, JOHN J. GREENWOOD of North Andover, Essex County, Massachaset'ts ? and ANN M. O'SULLIVAN of £eabrook, Rockingham County, New Hamsphi[e of t;otmzyc x �asxae A gaeau. $1.00 and other in consideration of forAgood and valuable consideration grant to JOHN J. GREENWOOD, TRUSTEE OF JOHNSTON REALTY TRUST under Declaration of Trust dated November 1, 1989 and recorded in the Esser. North DCistrict Registry of _Deeds herewith/ Vn,/Y%CC /)/3%/A'CSJ if w,ClTy G✓,.t, /✓:.iilJ /i /',J (f L�!'Z. of 3 !�n Jd �o / .. .. with quitclaim covenants chis Ymv- in PARCEL I: A certain parcel of land with the buildings thereon, situated southerly from Water Street in said No[th Andover, Esser County, Commonwealth of massachusette:, and is a subdivision of LOT 0,6 c of the John A. Loring f:t al, Plan of Lands zs recorded in the Essex South District Registry of Deeds, Book 468, Page 300, and bounded and described as follows: 0 Z Beginning at the southwesterly corner thereof, at land now or formerly of one McDonald and known as Lot 1!5 on said plan; thence running easterly by Lot C13 on said plan now known as Bixty land, a distance of 99.05 feet to a bound at Lot f7, on said plan, now known as the Davis and Furber Machine Company land, thence running northerly by said Davis and Farber Machine Company '_and, 84 feet to V a hound; thence running westerly on a lire about parallel to said Bixby line a distance of 99.43 feet to said McDonald land at Lot «5i 5 and thence southerly by said Lot y5 94.35 feet to the point of co beginning. Containing 8,353 square feet, more or less. N 'PARCEL I Ascertain parcel of land situated in said North Andover U) r.ti w on t ut easterly side of a street running from Pleasant Street o � o to the Davis 6 Furber land, now or once in said North Andover, and o t'p known a rGzI plan of Alonzo Bixby land as recorded in Essex r a North District Registry of Deeds, Book 248, Page 600, and bounded r a a E. and described as follows: x a Northeasterly 79.01 feet by Davis & Furber land, a now or once; Southeasterly 45.75 feet by Lot 47 on said Pian; Southwesterly 79 feet by Lot X17 on said Plan; and Northwesterly 46.01 feet by said street as laid out on said Plan. Containing 3,627 square feet, more or 'less. Said conveyance is made subject to and with the benefit of all right of way and passage over the westerly side of said premises and the - premises next adjoining Parcel I. For our .title see estate of Ida E. Fellows, Essex Probate Docekt No. 85P1780=E4. The said Ida E. Fellows died July 4, 1985. SQI�� ,Executed as a sealed instrument this 1st day of Greenwood Ann M. O'Sullivan r November 1 1989 Essex Then personally appeared the above named John J. Greenwood and Ann M. O'Sullivan and acknowledged the foregoing instrument to be the} r /f7e act and deed � bum IC C, Befim W" eN.—Y Puuie.— J-0w 4mm.mPP— V ly commission expires Feb. 22: 19:•9.1 Do-. 1?grl 1:211--:., 12a424 ... 1 B K 4 0 2 t3..-- j� MA.•ACNU•LTT• QUITCLAIM Da[D INDIVIDUAL /LONG roIIM) ••a �/ t% f b" I, John J. Greenwood, 11Trustee of Johnston Realty Trust, under Decl�ration,(of T ustedddatin Boo�Cmb 049' 989 and rgeco 9c d in the Essex North District Registry 0 Rderth Andover,-rs' R" --' Pa a Counq. Massachusetts i brio mmmmird, for consideration d, and in full consideration of --- f'a' One Hundred Fifteen Thousand ( 15,000.00) Dollars grant to David R. Meech Of 18 Wiley Court „ N. Andover, HA 01845 with quttriatnt raarnante the land in PARCEL I: A certain pa cel of and withPe buildings thereon, tai situated southerly from Inn Its County, Commonwealth of Massachusetts,nandlisNorth Andover of sLOT 16 Of the John A. Loring et al, Plan of Lands as recorded in the Essex South District Registry of Deeds, Book 468, Page 300, and bounded and described as follows: --Beginning at the southwesterly corner thereof, at land now or formerly of one McDonald and known as Lot 15 on said plan; thence running easterly by Lot 113 on said plan now known as Bixby, land, a distance of 99.05 feet to a bound at Lot 17, on said plan, now known as the Davis and Furber Machine Company land, thence running northerly by said Davis and Furber Machine Company land, 84 feet to -a bound; thence running westerly on a line about parallel to said Bixby line a distance of 99.43 feet to said McDonald land at Lot 15, and thence southerly by said Lot 15 94.35 feet to the point of beginning. Containing 8,353 square feet, more or less. H c> PARCEL II: A certain parcel of land situated in said North Andover on the southeasterly side of a street running from Pleasant Street to a the Davis & Furber land, now or once in said North Andover, and known as LOT 118 onplanof Alonzo Bixby land as recorded in Essex North H Registry of Deeds, Book 248, Page 600, and bounded and described as 0 follows: Z Northeasterly 79.01 feet by Davis & Furber land, now or once; Southeasterly 45.75 feet by Lot 17 on said Plan; Southwesterly 79 feet by Lot 117 on said Plan; and U Northwesterly 46.01 feet by said street as laid out on >I said Plan. d .-I -+ Containing 3,627 square feet, more or less. 3 Co said conveyance is made subject to and with the benefit of all ~ right of way and Y passage over the westerly side of said premises and e the premises next adjoining Parcel I. 0 .-I 4 Said premises are conveyed subject to and with the benefit of any and all easements, restrictions, reservations and conditions of 0 record, if any, insofar as the same are now in force and applicable. NThe undersigned Trustee hereby certifies that this Trust is in ofull force and effect, that he has been duly directed by all of the beneficiaries to execute and deliver this instrument and that he has N full authority to so act. - a For my title see deed dated November 1, 1989 and recorded in the Essex North District Registry of Deeds _in Book 3049. page 103. --qrQ e¢ • X ` ` x ee Cs y; ` (•loth.Mod —low Tsaon—Taunt 6 C.....) r- N N L A F BK4028 158 11ttutes ..... hand and-" dd Z711 -'r ........... day of..... ApTAI .......................................................................... .. ........ Greenw ood .......................................................................... 0 ... jQhnsun .. HCALIty .. Trust .......................................................................... ............................................................................ � malty a1 !9[aeaar4lteetL� Essex as. April 2P' 1994 Tben personxUy appeared the above named John J. Greenwood, Trustee of Johnston Realty Trust and acknowledged the foregoing instrument to be his free 4t and before ahe .. .... .. :,4- My CDCUnizLi0a e4im ........ ?L2.2... CKAMM U) MC 6 AS AbUNDED Sy C"FrU 07 OF 190 Im7 dead poewnW 1w soma don CgntLIS M bm =dwna up" , dw Mbd•: ndt.1 of the t -&ad t ti. f.11 C*MW..a. &.�j in delleneg the Doose d the «her Owdid &M A&Mr. Me"Oft MA Pan effica add.= of dw P.M. f - "da al.. dw�(.4 it a a.UaW spfc —W'y T66 "' c*a 'Lk* sb&n �- the WA Ptkv f" dw �wrwm wi&ovt dedua;aa for my Jig= cc aaw 6r the ar.ntee or m"4"M d-(-Od AU Sw& md-n—aft and .oriole A&U be. teeoeaed S " W the deed. 90 C�Plf With thio Se"i0a dull W affcd the validity of my 4wL No wgin" oi doe& xW aaept k is in �PI;IrAe with the requirements of *MMiCML a dead for nwtdqg vAIM . . . . . . . . . . . . . . . . . . . . . . . - Mfl,yw