HomeMy WebLinkAboutMiscellaneous - 770 BOXFORD STREET 4/30/2018 (3)PHIL" R. SHEA
JAMES T. DANGORA. SR,
STEPHEN A. NELSON
KATHLEEN M.PATENAUDE'
JAMES T. DANGORA. JR.
' ALSO ADMITTED IN NEW HAMPSHIRE
S11F,A & DANGOI A
ATTORNEYS AT LAW
566 BOSTON ROAD
P.O. BOX 599
Bn,EBRICA, MASSACHUSETTS 01821
November 16, 1993
Town of North Andover
Division of Planning & Community Development
120 Main Street
North Andover, MA 01845
Attn: Karen H.P. Nelson
Director
Re: Lots 2, 3, and 4
Boxford Street
North Andover, MA
(Flintlock, Inc.)
Dear Ms. Nelson:
(508) 667-2757
(508) 667-2758
PAX (508) 670.5703
Enclosed herewith please find copy of Covenant & Easement
pertaining to the common driveway which will service Lots 3 and
4 Boxford Street, North Andover' The Covenant & Easement were
duly recorded with the Essex County Registry of Deeds on
November 12, 1993 as Document No. 36579.
V y ruly yours,
PHILI R. SHEA, ESQ.
cc: David Kindred
FLINTLK1/DMT
COVENANT & EASEMENT
This agreement is hereby made this 12th day of November,
1993, by and between Flintlock, Inc., a Massachusetts corporation
with a place of business in No. Andover, County of Essex,
Commonwealth of Massachusetts (hereinafter referred to as W
Flintlock) and Anthony E. Valente of So. Yarmouth, County of
Barnstable, Commonwealth of Massachusetts (hereinafter referred CD
to as Valente)
Witnesseth:
Whereas, Flintlock is the owner of a certain parcel of land
situated on the southerly side of Boxford Street in No. Andover,
Essex County, Commonwealth of Massachusetts, shown as Lot 2 on a
plan entitled "Plan of Land, Boxford Street, North Andover,
Massachusetts, Drawn for Flintlock, Inc, dated May 16, 1993,
Marchionda & Associates, Inc., Engineers and Planning
Consultants, which said plan is recorded with the Essex North
District Registry of Deeds as Plan No. 12261, and
Whereas, Valente,is the owner of two parcels of land
situated on the southerly side of Boxford Street in No. Andover,
Essex County, Commonwealth of Massachusetts, shown as Lots 3 and
4 on the aforesaid plan and,
Whereas, Valente or his successors in title intend to
construct single family residences on the aforesaid lots 3 and 4,
and
Whereas, Flintlock intends to construct a single family
residence on the said Lot 2, and
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is, it is intended that ingress to andegress from the
houses to be constructed on lots 3 and 4 will be over a common
driveway, to be located within the area shown on the aforesaid
plan as a 30' access and utility easement, and
Whereas, Flintlock and Valente desire to establish for A
themselves and their successors and assigns certain rights and
duties with respect to said common driveway,
Now, therefore, in consideration of these premises and for
other good and valuable consideration, receipt of which is hereby
acknowledged, Flintlock and Valente agree as follows:
A) Flintlock hereby grants to Valente, his successors and
assigns the right to travel by foot or motor vehicle over that
portion of the said 30' access and utility easement located
within lot 2 as shown on said plan for the purpose of ingress to
and egress from lots 3 and 4 as shown on said plan;
B) Flintlock hereby grants to Valente, his successors and
assigns the right to install utilities, including natural gas,
water and sewer within that portion of the said 30' access and
utility easement located within Lot 2;
C) Valente as the owner of Lot 3 on the aforesaid plan
hereby grants to any future owner of Lot 4, their successors and
assigns, the right to pass or travel by foot or motor vehicle
over that portion of the said 30' access and utility easement
located within lot 3 as shown on said plan for the purpose of
ingress to and egress from the said lot 4;
D) Valente as the owner of Lot 3 grants to the future
owner of Lot 4, their successors and assigns the right to install
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n utilities, including natural gas, water and sewer within that
portion of the said 30' access and utility easement located
within Lot 3.
E) Flintlock and Valente agree that they, their successors
i
and assigns shall be equally responsible for the.repair and
maintenance of said common driveway, including, the cost of
removal of snow therefrom, the cost to repair and/or replace the
bituminous asphalt thereon, and the cost to remove any debris
therefrom.
This agreement should be binding upon and enure to the
benefit of all subsequent owners of the aforesaid lots 2, 3, and
4.
Witness our hands and seals this 12th day of November, 1993.
FLINTLOCK, INC.
By:
DAV IN ,.Pres./Treas.
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX,SS _ November 12,. 1993
Then personally -appeared befor a the above named David A.
Kindred, President and Treasure Flintlock, Inc. and
acknowledged the foregoing i trum nt o be his free act and deed.
Ynilip R. 5nea , ivozary rupiiu
My commission expires: 9/14/95
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ANTHONY E. ALENTE
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX,SS November 12, 1993
Then personally appeared before me the above named Anthony
E. Valente and acknowledged theTore' instrument to be his
free act and deed.
Phil tal Notary Public
My commission expires: 9/14/95
VALENT3/DMT
in
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
Any appeal shall be filed
within (20) days after the
bate of filing of this Notice
in the Office of the Tr°. "r"
Clerk.
Of
0
o s
• s
�,SSACMUSEt4y
NOTICE OF DECISION
'33
Date, October. 4�. 1993. , .
August 17, 1993,
Date of Hearing August 31i ,1993 &
September 21, 1993
Petition of ,Flintlock,,, Inc ... ...... . . ....................................... .
Premises affected Lot ,3 . ,4 Boxford Street .,..South side . .(Near Stonecleave Road)
.. .. .... ...........
Referring to the above petition for a special permit from the requirements
of the North, Andover, Zoning. Bylaw - Section 2..; . Paragraph. 2..30.. 1. -. Drivewax..(Common )
so as to permit the ,construction of a common driveway .to .gain access to Lot .3 and Lot
.. . ... . .. .. ... .
4, Boxford. Street:.............................................................
After a public hearing given on the above date, the Planning Board voted
CONDITIONALLY
t0 APPROVE
..............the ...SPECIAL PERMIT .......................................
cc: Director of Public Works
Building Inspector
Conservation Administrator
Health Agent
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
Interested Parties
based upon the following conditions:
Signed
Richard. Nardella,,, Chair .....i
John. Simons,. e, VicChairman . , . ,
. ..... .... .......
.John.DrLpp.....................
Richard Rowen
................................
John Daghlian, Associate Member
.planning B oarci
I
I
Page 3:
Lot 3 & 4 Boxford Street
On a motion by Mr. Rowen, seconded by Mr. Simons the Board
voted to close the public hearing.
A decision will be discussed at the next meeting.
On September 21, 1993 the Planning Board held a regular
meeting. The following members were present: Richard Nardella,
Chairman, John Simons, Vice -Chairman, John Draper, Richard Rowen
and John Daghlian, Associate Member.
Mr. Nardella asked Mr. David Kindred about further
development. Mr. Kindred would like to leave that option open.
The Board reviewed the draft decision.
Condition to be added:
"No additional dwelling will be serviced by the common
driveway."
Brush in the right-of-way on the east and west side to be cut
back.
On a motion by Mr. Rowen, seconded by Mr. Draper, the Board
voted to approve the draft decision as amended.
Attached are those conditions.
Sincerely,
North Andover Planning Board
Richard A. Nardella, Chairman v
cc: Director of Public Works
Building Inspector
Conservation Administrator
Health Agent
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
•
Boxford Street Lots 3 and 4
Conditional Special Permit Approval - Common Driveway
The Planning Board makes the following findings regarding the
application of Flintlock Inc., P.O.Box 531, North Andover, MA,
requesting a Special Permit under Section 2.30.1 of the North
Andover Zoning Bylaw for the construction of a common driveway to
access lots 3 and 4 located on Boxford Street across from
Stonecleave Road.
FINDINGS OF FACT:
1. The application adheres to the bylaw restriction that no more
than two (2) lots be serviced by this common drive.
2. The specific location of the common driveway is appropriate
due to presence of wetlands on the site.
3. The design and location will not adversely affect the
neighborhood.
4. Adequate standards have been placed on the design which will
meet public health and safety concerns.
5. The purpose and intent of the regulations contained in the
Zoning Bylaw are met with the Special Permit Application
before us.
Upon reaching the above findings, the Planning Board approves
this Special Permit based upon the following conditions which
shall be submitted to the Board prior to signing the documents to
be filed with the North Essex Registry of Deeds.
SPECIAL CONDITIONS:
1. No additional dwelling will be serviced by the common
driveway.
2. Prior to FORM U verification (Building Permit issuance)
being for the proposed.dwellings,
a. Easements pertaining to the rights of access for
driveways between the lots involved shall be filed with
the Registry of Deeds Office.
b. This site shall have received all necessary permits and
approvals from the North Andover Board of Health,
Conservation Commission, and the Department of Public
Works.
3. Prior to a Certificate of Occupancy being issued for either
dwelling,
•
•
a. The Applicant shall place a stone bollard at the entry
to the common drive off of Boxford Street. This stone
bollard shall have the street numbers of all houses
engraved on all four sides of the stone. The dimensions
of the stone shall be as follows: 8" x 8" x 72". The
stone shall have 48" exposed and 24" buried, and all
numbering on the stone shall be 4" in height. This
condition is placed upon the applicant for the purpose
of public safety.
b. the access drive shall be paved for its entire length.
This shall include any turnoff for the existing house.
C. the proposed dwelling shall have a residential fire
sprinkler system installed in accordance with the
provisions of Standard 13D, N.F.P.A..
4. The contractor shall contact Dig Safe at least 72 hours
prior to commencing any excavation.
5. Gas, Telephone, Cable and Electric utilities shall be
installed as specified by the respective utility companies.
6. All catch basins shall be protected and maintained with hay
bales to prevent siltation into the drain lines during
construction.
7. No open burning shall be done except as is permitted during
burning season under the Fire Department regulations.
8. No underground fuel storage shall be installed except as
may be allowed by Town Regulations.
9. The provisions of this conditional approval shall apply to
and be binding upon the applicant, it's employees and all
successors and assigns in interest or control.
10. This permit shall be deemed to have lapsed after a two ( 2 )
year period from the date on which the Special Permit was
granted unless substantial use or construction has
commenced. Therefore the permit will lapse on October 4,
1995.
11. The following Plans shall be deemed as part of this
decision:
Plans Entitled: Plan of Land, Boxford Street, North
Andover, Mass.
Drawn For: Flintlock Inc.
P.O. Box 531
North Andover, Mass.
Prepared By: Marchionda & Associates
62-I Montvale Avenue
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Stoneham, MA 01280
Scale:
as shown
Dated:
5/26/93
Plans Entitled:
Site Plan
Proposed Common Driveway in North
Andover
Drawn For:
Flintlock Inc.
P.O. Box 531
North Andover, MA
Prepared By:
Marchionda & Associates
62-I Montvale Avenue
Stoneham, MA 01280
Scale:
1" = 40'
Dated:
7/7/93
cc: Director of Public Works
Building Inspector
Health Agent
Assessor
Conservation Administrator
Police Chief
Fire Chief
Applicant
Engineer
File
�Hfllfl Mfl
Any appeal shall be filetl w N O F NORTH ANDOVER
MASSACHUSETTS
within (20) days after the
date of filing of this Notice Of
in the Office of the Town
Clerk.
who
SA US'
NOTICE OF DECISION
NORTH ANOOYER
=1V 1 l �4
I�'55
Date. .16„ .1995.......... .
Aug. 15, Sept. 5, 1995
Date of Hearing Sggt....L9,. Dct...3.,. 1995
Oct. 17, Nov. 7, 1995
Petition of Flintlock: Inc. ..................
Premises affected Lots !.and 2 Boxford. Street. .
Referring to the above petition for a special permit from the requirements
of the , North Andover.Zoning.Bylaw.Section .7.2..1.so as to A],�ow ,acc.�ss
xGxxgx=xp.exAj3tC
After a public hearing given on the above date, the Planning Board voted
t0..DENY...... ....the . SPECIAL ,PERMIT ........................................
CC: Director of Public Works
Building Inspector
Natural Resource/Land Use Planner
Health Sanitarian
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
Interested Parties
based upon the following conditions:
KA r'
Signed
Joseph y.. Mahoney. Chairman,, .
. .. . ...... ......
Richard. Rowen; . Vice. Chairman, , ,
..... .... . ....
Alison Lescarbeau; Clerk,,,.,, .
Richard Nardella
................................
John Simons
Dave Kindred was present.
Ms. Colwell had asked Mr. Kindred to bring in a revised plan. He
did, but it meant filling in an additional area of the wetlands.
The plan was satisfactory to the Planning.Board, but ConCom would
not approve it. The ConCom did approve the crossing presented to
the Board originally, following the stonewall.
Mr. Kindred stated that he is in the process of negotiations with
the Giragosian's, adjacent property owners. He hopes to purchase
this property within a few weeks.
On a motion by Mr. Nardella, seconded by Ms. Lescarbeau, the Board
voted unanimously to close the public hearing.
Staff was directed to draft a decision upon which the Board will
vote at the October 17, 1995 meeting.
The North Andover Planning Board held a regular meeting on October
17, 1995. The following members were present: Richard Rowen, Vice
Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate
Member, John Simons and Richard Nardella.
The Board would like more time to review the draft decisions and,
therefore, continued their discussions. The Board has 90 days from
October 3, 1995 to render a decision.
The North Andover Planning Board held a regular meeting on November
7, 1995. The following members were present: Joseph Mahoney,
Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate
Member, Alison Lescarbeau, Clerk and Richard Nardella.
On a motion by Mr. Rowen, seconded by Mr. Nardella, the Board voted
unanimously to DENY the special permit as amended.
Attached are those conditions.
Sincerely�,/
4awl—, U .
oseph V. Mahoney, Chairman
North Andover Planning Board
4
Lots 1 and 2 Boxford Street
Special Permit - Access Across Street Frontage
The Planning Board makes the following findings regarding the
application of Flintlock, Inc., P.O. Box 531, North Andover, MA
01845, dated July 25, 1995, requesting a Special Permit under
Section 7.2.1 of the North Andover Zoning Bylaw for access other
than over the street frontage to allow access to Lot 2 across Lot
1 Boxford Street.
FINDINGS OF FACT:
1. Special environmental conditions exist on the site. A large
wetland resource area exists between the street frontage and
the buildable portion of the lot. If the Planning Board were
to grant this special permit, an additional house lot would be
created as the applicant would not need any additional permits
from the Conservation Commission.
2. The proposed use is not in harmony with the general purpose
and intent of the Bylaw and it is not the most appropriate use
of the land.
Upon reaching the above findings, the Planning Board DENIES this
Special Permit.
cc: Director of Public Works.
Building Inspector
Health Agent
Assessor
Conservation Administrator
Police Chief
Fire Chief
Applicant
Engineer
File
Boxford.Access
RHIN MH 4QUEEP,=L
T
ecP
WN OF NORTH ANDOVER NORTH 4NDCVER
Any appeal shall be fil
X A S S A C H U S E T T S
within (20) days after the 17 S 24
date of filing of this Notice of ..... do
in the Office of the Town
Clerk.
,SS�CNUSEt
NOTICE OF DECISION
Date N ,.1995...........
Aug. 15, Sept. 5, 1995
Date of Hearing $gPtr% 1995
Oct. 17, Nov. 7, 1995
Petition Of Flintlock,. Inc. .... ... . . . ....... . .
Premises affected ,Lots 1 and 2. Boxford Street .... , .. , , . • . , , .. , . , , . .
Referring to the above petition for a special permit from the requirements
of the , North_ Andover. Zoning Bylaw Section 2:30:1. so.as.to.allow,constrnct}gp
of_ a. common driveway to access Lots 1, and. 2. Boxford,
After a public hearing given on the above date, the Planning Board voted
DENY
to ................the ..SPECIAL.PERMIT........................................
CC: Director of Public Works
Building Inspector
Natural Resource/Land Use Planner
Health Sanitarian
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
Interested Parties
based upon the following conditions:
Signed I/•
Joseph V.. Mahone.. Chairman .
Richard Rowen: Vice Chairman
Alison.Lescarbeau: Clerk
.... ..... .... ....
Richard Nardella
................................
John Simons
"plAnninLy' Boarcl
Dave Kindred was present.
Ms. Colwell had asked Mr. Kindred to bring in a revised plan. He
did, but it meant filling in an additional area of the wetlands.
The'plan was satisfactory to the Planning Board, but ConCom would
not approve it. The ConCom did approve the crossing presented to
the Board originally, following the stonewall.
Mr. Kindred stated that he is in the process of negotiations with
the Giragosian's, adjacent property owners. He hopes to purchase
this property within a few weeks.
On a motion by Mr. Nardella, seconded by Ms. Lescarbeau, the Board
voted unanimously to close the public hearing.
Staff was directed to draft a decision upon which the Board will
vote at the October 17, 1995 meeting.
The North Andover Planning Board held a regular meeting on October
17, 1995. The following members were present: Richard Rowen, Vice
Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate
Member, John Simons and Richard Nardella.
The Board would like more time to review the draft decisions and,
therefore, continued their discussions. The Board has 90 days from
October 3, 1995 to render a decision.
The North Andover Planning Board held a regular meeting on November
7, 1995. The following members were present: Joseph Mahoney,
Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate
Member, Alison Lescarbeau, Clerk and Richard Nardella.
On a motion by Mr. Rowen, seconded by Mr. Nardella, the Board voted
unanimously to DENY the special permit as amended.
Attached are those conditions.
Si cerely,
1
K<<
oseph V. Mahoney���, Chairman
North Andover Planning Board
4
Lots 1 and 2 Boxford Street
Special Permit - Common Driveway
The Planning Board makes the following findings regarding the
application of Flintlock, Inc., P.O. Box 531, North Andover, MA
01845, dated July 25, 1995, requesting a Special Permit under
Section 2.30.1 of the North Andover Zoning Bylaw for the
construction of a common driveway to access Lots 1 and 2 Boxford
Street.
FINDINGS OF FACT:
1. The application adheres to the bylaw restriction that no more
than two (2) lots be serviced by this common drive.
2. The design and location will adversely affect the
neighborhood as the proposed common driveway would allow
access to a lot that would otherwise be inaccessible.
3. The proposed use is not in harmony with the general purpose
and intent of the Bylaw as a common driveway in this location
is not the most appropriate use of the land.
Upon reaching the above findings, the Planning Board DENIES this
Special Permit.
cc: Director of Public Works
Building Inspector
Health Agent
Assessor
Conservation Administrator
Police Chief
Fire Chief
Applicant
Engineer
File
Boxford.Drive