Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Miscellaneous - Exception (131)
r� tow cy SON" zm 0 0 rowm l TOWN OF NORTH ANDOVER pORTF/ Office of the Building Department q o �A,LED 16 ti Community Development and Services •a DO F 4 - p 1600 Osgood Street, Bldg. 20, Suite 2035 North Andover, MA 01845 DgATED SSACHUS�� Gerald Brown, Inspector of Buildings April 11, 2016 To: Ray Vivenzio Fr: Gerald Brown Re: Lot 5A Essex Street Registry of Deeds Plan No#7078 Dear Mr. Vivenzio, Thank you for your inquiry on the above mentioned property, Lot 5A Essex Street, North Andover, MA. Based on the Title Report provided by Belair and Zipeto, Attorneys at Law, dated March 23, 2016, and the documentation in support thereof, I am of the opinion that said lot exists as an individual legally grandfathered lot under the provisions of General Laws, Chapter 40A, Sec. 6, as it is not held in common ownership with any adjoining land. Please be aware that said lot is located in the Watershed Protection District, so additional permits may be required in order for a residence to be constructed thereon. Sincerely, Gerald Brown Inspector of Buildings TOWN OF NORTH ANDOVER Office of the Building Department of N° RT16 q1, Community Development and Services F - p 1600 Osgood Street, Bldg. 20, Suite 2035 North Andover, MA 01845 b q �9SSACHU5���y Gerald Brown, Inspector of Buildings April 11, 2016 To: Ray Vivenzio Fr: Gerald Brown Re: Lot 5A Essex Street Registry of Deeds Plan No#7078 Dear Mr. Vivenzio, Thank you for your inquiry on the above mentioned property, Lot 5A Essex Street, North Andover, MA. Based on the Title Report provided by Belair and Zipeto, Attorneys at Law, dated March 23, 2016, and the documentation in support thereof, I am of the opinion that said lot exists as an individual legally grandfathered lot under the provisions of General Laws, Chapter 40A, Sec. 6, as it is not held in common ownership with any adjoining land. Please be aware that said lot is located in the Watershed Protection District, so additional permits may be required in order for a residence to be constructed thereon. Sincerely, Gera d Brown Inspector of Buildings \ & A > 0 0 E � > 0 M c 2 � 0 c � E $ � E v E $ 0 k � 2 WE ON N 6 / N Q 0 75; A 0 A CP >CU 0) E 0 Q2 :0 t 0 � C kU) c �/ W of llci 7 m Ln c § J 00 m 2 � � @ � 7> LL \ ) LO /_0 R :32�0o / 4-- 0 k/// �-0 2� //ko 299m '0 M 3 / cu CLm>k @ 0. = �f:/ 00ag2 2/\@/ §§§/2 » /U0CJ 0 % W 2 /[/ E 0 °Co -r - 0c: CO Q� o /0// 6 0 2 (/ C= _0 _co ^� m Q m % a) 0 E£ CD " @ \ C t d 2 7 a) 0o Q /QE % 'E9/¥ � 0 Q c E g a)MM $ /a)C)\/ o 0 E 0 R §qu-0 k \ $ / E E @ L®k-d 2_a)0 -0§/\ \ v Lo t% 0 5@ 0 j(0 0 .N ƒcoc0 -c N 0 @ .�� > /¥27/ ƒqtk \_"-0 CL 6� \0��2 -0� /§ c Q°@ 0 a) co @@ 2 C e®® cu m c E E¢7\� 0. -1 \mc -0 q 2 a Q k @_ f22�2 3a)-- @o�® /E ± R we -0 c � m— « LL / 2 m\//\ .�L22 @—t 6®Q@ 2 i§� @ = o a) Co Io i L"L \ ) LO Belair and 7ipeto Attorneys at ]Law 30 Maenuhusette Avenue North Andover, Manaehueette 01845 (978) 794.4898 (978) 683-5003 Fax: (978),,7940012 Wayne L. Belair Ellen A. Zipew March 23, 2016 Raymond A. Vivenzio, Esq. 89 Main St. No. Andover, MA 01845 Re: Essex St., No. Andover Land of Stephen Scully Dear Sir: E69e Y *�v+ Pursuant to your request, I have examined the title to the above described parcels in an attempt to ascertain their status as individual lots. The relevant property, Lots 3A, 4A and 5A as shown on NERD Plan #7078 came into Stephen J. Scully and Diane L. Scully in 1975 as evidenced by the deed recorded in NERD B. 1269 P. 288. As you can see from the plan, the lots are contiguous and contain about 531,764 square feet of land, most of it in North Andover with a relatively small sliver of land being in Boxford. The property remained in the names of Stephen J. and Diane L. Scully until January of 2000 when Stephen J. and Diane L. conveyed the property to Stephen J. Scully in his name sole. This was done by a deed dated January 28, 2000 and recorded in NERD B. 5667 P. 57. At that point of time, the three contiguous lots had been owned in common ownership since at least 1975. Although they were clearly identified as being separate lots and were conveyed as separate lots, albeit on one deed, one could present an argument that merger had taken place. The requirements for merger certainly existed and nothing had been done to prevent it from happening. The lots continued in common ownership until 2009 when Stephen J. Scully deeded Lot 4A to Christopher J. Scully and Lisa M. Del Toro by deed recorded in B. 11731 P. 25 1. Four years later, Christopher and Lisa deeded the property to Steven N. Gesing and Anna L. Gesing by deed recorded in NERD B. 13550 P. 260. By deeding Lot 4A to a third party, Stephen J. Scully effectively divided the contiguous parcels thereby removing any possibility of merger. As you can see by NERD Plan #7078, Lot 4A lies between Lots 3A and 5A thereby making them non-contiguous, if there is such a word. The Town of North Andover considers Lots 3A and 5A to be separate lots. The records of the Office of the Assessor clearly show them as separate lots and, in fact, the Tax Collector has taken them separately for non payment of taxes. I have attached copies of the tax titles and the respective notices of pending foreclosure. I am of the opinion that the Town of North Andover would be hard pressed to argue that Lots 3A and 5A have merged. An argument could have been made before Lot 4A was conveyed to a bona fide purchaser that merger had taken place, but the fact that 7 years ago, the lot in the middle was taken out of the equation removes the concept of the lots being contiguous and held in common ownership, which is a requirement necessary to establish merger. Furthermore, the fact that the Town has each lot separately assessed indicates that no merger existed. Following that premise logically, if no merger exists and no changes have been made to the configuration of the lots in question, then they should continue to be buildable lots as they were when they were laid out in 1974. For your information, I have enclosed copies of the documents that I have mentioned in this letter. Should you have any questions or comments, do not hesitate to contact me. Sincerely, Wayr�}L. Belair, Esq. t.11,16 s101C W/un. I b YS.Na DOE Y-616• A4, MA AVy mecli MD► D.N ax. •- 6 ,s: 1r-. Dx •d. '"I - ��1 nM. •N.V' W. 5ysa• CD dO >9 .. -- __.. SN4 Y-� p!f' O.M. 5 - :a r 9 DN t ; LOT 4A 311,476,t sl No. Andover 12,167A sf- Boxford Art 3Zi643•s3. TOtdt �edr O \ •N1 8 ti .. n S.P \� P+� ! z1•.a9 Eb LR .. 1 tR •"• i ax wMM y,t � Dh o &t0j Bit F LOT 5a 143,834*sf.NO.Andorer Boxford ' ;„ tR LOT 2a r I 112,991•s.f. 3 1s , I63,714*gl. Tofoi .8 / I 11. � 1 � O ��I ,�•i y. �//J kr V 11030 W • 'C.M. rlP. 6Ml.E 94t'•µ•Oa'Y� .in U! rya "m! � ti �z I p LOT ! JW J � _ 44.014ssJ. �R LOT 3" b ji t f 44AO7As.f. \`f_YD IMC pe1lP. — -,% �y0y 160A0 �.. �� DN. T SrrIA ,fie .S] -- ` Srl,L '�t ._�xM. tNMtee'VAX WOW, QI/�f. Lt /r lOyle_-AJfr 710°-0i:tli= x•c ...�..•llil.li•.v - n' �' �I rtnN>rk;u sr.xD r.; ^;•,••.. a c•.;:�.u_:. 0x `y"ta ESSEX • 1 - CN. M _ .:.. ��ff q,y{��y'�/� ��/ -`_ CON1t,-M t{Vr n'i' •.; i:') UKlil 4_� 'fir 3rL. P:AW*tO BOA* Or 10l(N lr 1 / C1 NO:tll ANDOVER Q �� RD•D a7DNC—•—' Wi DM. + 7 3; PLANOF LAND A77•wel °•.W IMe 6WI,i,1•R lbeAlMl Low Iw r•a°t�ad. NDRTN ANDOVER P.ANWNO 04W. I UMM,r,N SMLdIM,�yply.N01 n A.bK -—._.... ___.�. Mclnhv '' NORTH ANDOVER i MOMD aD[ RD 1•CANMING b . Mr -00W R4DO'Sww 1S NOT A CEtk?MIwT704 C!. BOXMASS. 1 ORC/�p D AS TO WOOL"'E . Iiti TE}YR1G RCS WIONS U U X 1- N°m"a`"ct FtA^s Nc `0491' FORt YANET (WARD) BURNS — a SCALE- Ia-60 MARCH 8 ,1974 g .__.. __...— .-.... �' , JOSEPH W. MOORE CO INC. avwe CIVIL ENGINEERS ` ({ f} LAND SU YOBS 16 RALROAO AVE. BEDFORD, MASS. ; .iSSOC/AIFO *,- AO -w SVA-zv CGSWAN73K'. b YS.Na DOE Y-616• if M / r ` • +w.wwv.�r+r ewrwrr sac i.MwuK t.w rs�p w 1` j� � 2, Janet !t. Euros, t = of North Andover, Essex CWA*.MMIA&U MIN i khrmwerir4(sram"ndamp" maths Glifoongdeaoonoi M8500.00. San" Stephen J. Scully ase Diane L. Scully, hatband and vire, as • joint tenants, of 61 Essex street, Worth Andover, Massachusetts, '04h 4UN41 ssayicM 1 Three certain lots or land w1`.h the buildings thers" si.usted lastly in lrorta Andover, buy partly it Boxford, in Fasex County, i'.asaaotuse:ta, shown on It Plan of land eoti.I*d "Man of Land in north Andover sad Boxford, Massacbuaetts for Janet ('lard) Burns, :ods 1".60e, 1 Yareh 8, 19740 Jase,h tt. Moore Co., 140., Civil 033190ers - Land Surveyors", reoorded in the Dor:h Essex Registry of Deeds as Plan #707$, and being nore partieularly bounded and described as follows* i L a TVMTMX by Essex S'`..reet, as ahaw>t an said pUn, a tool ' distance of I$D.00 feet; EOR—LAPASTSMLY by LotA, as shown on said plan, a total distaaoe o! 335.4 toot; SOpMASTERLY by Lot 2A, as shaft on said plan, ".45 feet; and SOOMMTSSLY by Lot 2A, as shown on saW plan, 319.62 feat. Containing 44sk07 square feet, more or loss, sonordiog to said plan. LOT 4A. A-T-sha lot bounded as followas } NOR13MTMY by rasax Btraet, as shown on acid plat, a total distance or 2$0.o0 foot; + XOR'TMASTSMLY by Lot 5A, as shown on said plan, a total distance of 802.1122 foot; WORTA`UTSRLY again by Lo`- 5A, as shown an said plan, 315.00 rests ,XO6•RTHMTMLY again, by land now or formerly 4f the Estate of Genres Caaaell as Shown on said pian, a total distanee of i".93 fest; 30=3289LY by land now or farrmrly of SlMion and land mow or foramrl7 of rcCliatock as shown on said plan, I total distanse or 766.79 !sett SoVTbn=TBkLY by ].and now or fornorly or bods and by t:ij:hwood Nay end by land now or far+-arly of Twanbly as shown an said pian, a total diatsmai or 379.0i; leen WESTERLY by 1284 now or forrs.rly 0: Dill, as seers on said plan, a total distateo of 167.03 Meet; NORTSM by Lot 2A, as shown on said plan, 345.60 rat= and ttanerally YEBTE= again, by Lots 2A and 3A, as shown on said plan, a total distance or 684?a feet. Containing 323,6t3 square rest, more or leas, aseardiag to said plan, LOT 54t TF1 X b Eales Street, as.ahown ee acid plan, a total Items* or 152.%7 reeti - ! 1 MKI 0 i ! i' i 0 11 r� Ul p .� .._...__.... B Y 12 a o soas sW= by 2uv;t Dow or forster2 of the Estate 4f God": 289 0sanw2i as Shown on Said pian a total. A"tanoe of M.29 foot; SOVT MTM= by Lot 4A, as shown oa "Id p2en, a tdtai 4ta04tooe of 315.00 loot: and ,gens SOUTRMTEW, or N? MLY, by Lot 4A as ohm on said p2ap, a total distance of 80232 feat. Containing 243,V4 sgmm feet, more or use, aaaording to Said plae. Solna PW_ t of the promiaas conveyed to the by Donald S. Var4 by deed dated J11ae Us 1970, recorded with North Sasex Deeds, Book 12,A, page 4630 5414 preneisoa are conveyed subject to and torathep with the bonofit Of d captain drivo+my easemont and agpoement contained in a oortain load of Lot 2A on said.rlaa, said deed beina a aonvaYADoo from Janet M. Burns to Miahool J. teary of ux datad February 25, 1975, recorded in North so ax Reaistry at Deeds, Book 12STs Face 791, to vhieh deed reforonce is hereby ,erode for a novo partlaular d*earlptloo of said easoeaent end agree. gent• ii R=$ _wAi.%....bmd ad est ��:.�".'�!wry►�S1e;N.�.A.yn�.trA.F:'n„��'��-�"�,��i�'�„''r.;• , �: {;.�vi���• �r.yy Vit' •�,� �•. ir��;s �' N'l. f •..` �: V ���.� �.:. ' ;l l.i•%i X1..•.1"_•1,.; .--r- r;��� �y .�,• 10 IVcomoned*At rmsex$ a. 0atober 25. 1475 'ftcepK,otuSyappouedebeabarseaead iaDat R. DNrDej . ad memsole her lm&aaai+aae4W6mak �xd�,t 1 E ward ga -No Recorded Oat.15,19" at 2017111! #7479 s4c...t.w*„+�. t7� ember 29� �a74 i ti •, r ►f i o� 1�i f 1 i i i t W' .� .._...__.... B Y 12 a o soas sW= by 2uv;t Dow or forster2 of the Estate 4f God": 289 0sanw2i as Shown on Said pian a total. A"tanoe of M.29 foot; SOVT MTM= by Lot 4A, as shown oa "Id p2en, a tdtai 4ta04tooe of 315.00 loot: and ,gens SOUTRMTEW, or N? MLY, by Lot 4A as ohm on said p2ap, a total distance of 80232 feat. Containing 243,V4 sgmm feet, more or use, aaaording to Said plae. Solna PW_ t of the promiaas conveyed to the by Donald S. Var4 by deed dated J11ae Us 1970, recorded with North Sasex Deeds, Book 12,A, page 4630 5414 preneisoa are conveyed subject to and torathep with the bonofit Of d captain drivo+my easemont and agpoement contained in a oortain load of Lot 2A on said.rlaa, said deed beina a aonvaYADoo from Janet M. Burns to Miahool J. teary of ux datad February 25, 1975, recorded in North so ax Reaistry at Deeds, Book 12STs Face 791, to vhieh deed reforonce is hereby ,erode for a novo partlaular d*earlptloo of said easoeaent end agree. gent• ii R=$ _wAi.%....bmd ad est ��:.�".'�!wry►�S1e;N.�.A.yn�.trA.F:'n„��'��-�"�,��i�'�„''r.;• , �: {;.�vi���• �r.yy Vit' •�,� �•. ir��;s �' N'l. f •..` �: V ���.� �.:. ' ;l l.i•%i X1..•.1"_•1,.; .--r- r;��� �y .�,• 10 IVcomoned*At rmsex$ a. 0atober 25. 1475 'ftcepK,otuSyappouedebeabarseaead iaDat R. DNrDej . ad memsole her lm&aaai+aae4W6mak �xd�,t 1 E ward ga -No Recorded Oat.15,19" at 2017111! #7479 s4c...t.w*„+�. t7� ember 29� �a74 i ti ' BK QUITCLAIM DEED WE, STEPHEN J. SCULLY AND DIANE L. SCULLY of 808 Great Pand Road, North Andover, Essar County, Massachusetts For consideration paid in the amount of LESS THAN ONE HUNDRED (5100.00) DOLLARS GRANT TO STEPHEN J. SCULLY, INDIVIDUALLY of 808 Great Pond Road, North Andover, Essex County, Massachusetts WITH QUTICLAIM COVENANTS 5667 P6 571 Three certain lots of land with the buildings thereon situated mostly in North Andover, but partly in Boxford, in Essex County, Massachusetts, shown on a plan of land entitled "Plan of Land in North Andover and Boxford, Massachusetts for Janet (Ward) Bums, Scale 1"=60', March 8, 1974, Joseph W. Moore Co., Inc., Civil Engineers - Land Surveyors", recorded in the North Essex Registry of Deeds as Plan #7078, and being more particularly bounded and described as follows: s) NORTHWESTERLY byEssex Street, as shown on said plan, a total distance of 150.00 feet NORTHEASTERLY by Lot 4A, as shown on said plan, a total distance of 335.64 feet; SOUTHEASTERLY by Lot 2A, as shown on said plan, 86.45 feet; and SOUTHWESTERLY by Lot 2A, as shown on said plan, 319.62 feet. Containing 44,407 square feet, more or less, according to said plan. LOT 4A: A "T" • shaped lot bounded as foilows: JAN 31'00 AW'55 NORTHWESTERLY by Essex Street, as shown on said plan, a total distance of 150.0 feet; NORTHEASTERLY f Lot 5A, as shown on said plan, a total distance of 802.12 39 1 NORTHWESTERLY again b Lot 5A as shown on said l 315.00 fee g Y � plan, � 0 NORTHEASTERLY again, by land now or formerly of the Estate of George Gemmell, as shown on said plan, a total distance of 288.93 feet; PROPERTY ADDRESS: 61 ESSEX STREET, NORTH ANDOVER, MA 41845 PLEASE RETURN TO TIMOTHY R HATCH BOX80 BK 5667 PG 58 SOU'T'HEASTERLY by land now or formerly of Simpson and land now or formerly of McClintock, as shown on said pian, a total distance of 748.79 feet; SOUTHWESTERLY by land now or formerly of Boda and by Highwood'Way and by land now or formerly of Twombly, as shown on said plan, a total distance of 379.04 feet; WESTERLY by land now or formerly of Dill, as shown on said plan, a total distance of 167.03 feet NORTHERLY by Lot 2 s shown on said plan, 345.80 feet; and generally WESTERLY again, by Lots 2A and 3A, as shown on said plan, a total distance of 684.78 feet. Containing 323,643 square feet, more or less, according to said plan. IM5A* NORTHWESTERLY by Essex Street, as shown on said plan, a total distance of 152.17 feet; NORTHEASTERLY by land now or formerly of the Estate of George Gemmell as shown on said plan, a total distance of 725.19 feet; SOUTHEASTERLY by Lot 4A, as shown on said plan, a total distance of 315.00 feet; and generally SOUTHWESTERLY, or WESTERLY, by Lot 4A, as shown on said plan, a total distance of 802.12 feet. Containing 163,714 square feet, more or less, according to said plan. Said premises are conveyed subject to and together with the benefit of a certain driveway easement and agreement contained in a certain deed of Lot 2A on said plan, said deed being a conveyance from Janet M. Burns to Michael L Leary et ux, dated February 25, 1975, recorded in the North Essex Registry of Deeds at Book 1257, Page 791, to which deed reference is hereby made for a more particular description of said easement and agreement. Being the premises conveyed to us by dad from Janet M. Bums dated October 15, 1975, recorded with Essex County (Northern District) Registry of Deeds, Book 1269, Page 288. Executed as a sealed instrument this 281 day of January, 2000. BK 5667 PG 59 COMMONWEALTH OF MASSACHUSETTS Essen, ss. January 28, 2000 Than pemnaUy appeared the above named DIANE L. SCULLY and STEPHEN I SCULLY and acknowledged the foregoing instrument to be their fi deed, be%e me, ti Bk 11731 P0251 0239-63 08-14-2009 a 10 a 1 say WSACHUSETTS STATE EXCISE TRX Essex Rwth Resistra Dote: 08-14-2W9 S 10:lUm Ct1:: 67 Dot#: 23963 fee: t1r778.40 Goss: S390r0D0.00 Q*ckbn Deed I, Stephen J. Scully, of North Andover, Essex County, Massachusetts for c miderutims 3Three Hundred Ninety Thousand ($390,000.00) Dollars grant to Christopher J. Scully and Lisa M. Del Toro, as Joint Tenants with Ruts of Survivorship FIN address 61 Essex Street, North Andover, Essex County, Massachu mft WA QPik4lbn Co ats, A or shaped lot of land with the buildings thereon situated mostly in North Andover, but partly in Boxford, in Essex County, Massachusetts, shown as Lot 4A on a plan of land eniitied "Plan of Land In North Andover and Boxford, Massachusetts for Janet (Ward) Burns, Scale 1" - W. March 8, 974, Joseph W. Moore Co., Inc., Civil Engineers - Lend Surveyors", recorded in the North Essex Registry of Deeds ars Pian #7078, and being more particularly bounded and described as follows: NORTHWESTERLY: by Essex Street, as shown on said plan, a total distance of 150.0 feet; NORTHEASTERLY: by Lot 5A, as shown on said plan, a total distance of 802.12 feet; NORTHWESTERLY: again by Lot 5A, as shown on said plan, 315.00 feet; NORTHEASTERLY: again, by land now or formerly of the Estate of George Gemmell, as shown on said plan, a total distance of 288.93 feet; SOUTHEASTERLY: by land now or formerly of Simpson and land now or formerly of McClintock, as shown on said plan, a total distance of Bk 11731 Pg252 #23963 748.79 feet; SOUTHWESTERLY: by land now or formerly of Boda and by Highwood Way and by land now or formerly of Trombly, as shown on said pian, a total distance of 379.04 feet; WESTERLY: by land now or formerly of DRI, as shown on said plan, a total distance of 167.03 feet; NORTHERLY: by Lot 2A, as shown on said plan, 345.80 feel; and generally WESTERELY: again, by Lots 2A and 3A, as shown on sold plan, a total distance of 684.78 feet. Containing 323,643 square feet, more or less, according to said plan. Said premises are conveyed subject to and together with the benefit of a certain driveway easement and agreement contained In a certain deed of Lot 2A on said plan, said deed being a conveyance from Janet M. Bums to Michael J. Leary et ux dated February 25, 1975, recorded in North Essex Registry of Deeds, Book 1257, Page 791, to which deed reference Is hereby made for a more particular description of said easement and agreement. Being part of the same premises conveyed to the grantor, by deed of Stephen J. Scully and Diane L. Scully, dates January 28, 2000, and recorded in the North Essex Registry of Deed, Book 5567, Page 58. -X== my n= andse s flits 1.4- dq of Witness Essex, ss. r August 13, 2009 Then before me, the undersigned notary public, personally appeared, Stephen J. Scully, proved to me through satisfactory evidence of identification, which was a ~! uwcti&--% 446y= , to be the person whose name is signed on this document, and acknowledged to me that he signed it voluntarily for its stated purposes. Mark F ,Notary Public MY Commission Expires: May 10, 2013 Bk 13-1550 PP260 —0-20 .98 07-12-2013 & 01 = 25v� QUIT CLAW DEED We, CHRISTOPHER J SCULLY and LISA M. SCULLY Okla Lisa M. Det Toro, both of Portland, Oregon, for consideration paid, and in fu11 consideration of SIX HUNDRED FIFTY THOUSAND and 001100 (SWM9.00) Dollars grant to STEVEN N. GESMG and ANNA L. GESING, husband and wife as tenants by the entirety of 61 Essex Street, North Andover, Massachusetts 01845, with quitclaim covenants, A "T" shaped Iot of land together with the buildings and other improvements thereon situated in North Andover and Boxford, Essex County, Massachusetts being shown as LOT 4A on a plan entitled "Plan of Land in North Andover and Boxford, Massachusetts for Janet (Ward) Burns, Scale I" — 60', March 8, 1974, Joseph W. Moore Co., Civil Engineers — Land Surveyors" recorded with Essex North Registry of tads as Plan # 7078, being bounded and described as follows: NORTHWESTERLY: by Essex Street, as shown on said plan, a total distance of 150.00 feet; and NORTHEASTERLY: by Lot 5A, as shown on said plan, a total distance of 802.12 feet; and NORTHWESTERLY: again by Lot 5A, as shown on said plan, 315.00 feet; and NORTHEASTERLY: by land now or formerly of the Estate of f'reorge Gemmell, as shown on said plan, a total distance of 288.93 feet; and PROPERTY ADDRESS: 61 Essen Street, North Andover'X&CHUSMS STATE EXCISE TAX Essex North kesistry Hate: 01:25ps Gkl '• lii DOC,-: 20198 Fee: $2r96f.00 Coas: $650.800.00 Bk 13550 Pg261 #20198 SOUTHEASTERLY: by land now or formerly of Simpson and by land now or formerly of McClintock, as shown on said plan, a total distance of748. z9feet; and SOUTHWESTERLY: by land now or formerly of Boda and by Highwood Way and by land now or formerly of Trembly, as shown on said phi, a total distance of 379.04 poet; and WESTERLY: by land now or formerly of Dill, as shown on said plan, a total distance of 167.03 feet; and NORTHERLY: by Lot 2A, as shown on said plan, 345.80 feet; and WESTERLY: by Lots 2A and 3A, as shown on said pian, a total distance of 684.78 feet; and Containing 323,643 squad fejt of land, more or less, according to said Pian. TIM premises are conveyed subject to and with the benefit of a certain driveway easement agreement set forth in a deed recorded with Essex North Registry of deeds in Book 1257, Page 791. For grantors' title see deed of Stephen J. Scully dated August 13, 2009 recorded with the Essex North Registry of Deeds in 11731 Page 251 and with the Essex South Registryof Deeds in Book 28863, Page 179. Witness our hands and seals this Tuesday of June 18, 20I3. A &IN&O +a roA) STATE of 0PXbCKW Mulfai "h County mac. Bk 13550 Pg262 #20198 On this Tuesday of June I W 2013 before me, the undersigned notary public, personally appeared the above-named Christopher J. Scully and Lisa A. Scully persons known to me of who proved to me tbmugh satisfactory evidence of iden#ificidon which were driver's licenses, to be the persons whose names are signed on this document and they acknowledged to me d9d they signed it voluntarily Sor its stated purpose. THOMAS K SHAYLER NOTARY PUBLIC STATE OF WASMOTQM COMMISSION EXPRM Notary Public .RXY 15,2013 1 My Commission Expires: o7/1s1xol3 INSmLwAir NOT ver iD = Ess REcoRDED wmiw eo DAYS OF IM %kTE OF STATE TAX FORM 301 S k 12559 P _ THE COMMONWEALTH OF MASSACi•WS 7M 07--27-2011 a 02 2 1T Town of North Andovor 1>-. OFFICE OF THE COLLECTOR OF TAXES V =eve : Collector of Tam for the Town of North Andover, pursuant and subject to the provisions of General Laws, Chapter 60, Sections 53 and 54, hereby take for said Town the following described laud; DESCF. MON OF LAND -Wiw effiSie It Samebiie0do, ',eaSdS�rSOe+ 4reatladrte>, id�etaraC B" Leidwr' 'Me meatI%llue;wr!ua fvo�.reedlalemtairey A parcel of Land with bau'I by thereon, located at ESSEX STREET: said to contain 1a acres, more or kas, described as TaxlMap Number 214-103.0-0054-00 .0 in the Assessor's office, recorded as Book X5667 Page 5Z at North Essex Registry of Deeds and identified by Bili # 6359 of Assessor's Records FY 2010 Tex. Said land is taken for non-payment of taxes as defined in Section 43 of said Chapter 60 assessed thereon to SCULLY, STEPHEN J for the year 2010, which were not paid within fourteen days afk r deamaud therefor made upon SCULLY, STEPHEN J on 01/2010, and now remain unpaid together with interest and incidental expen= and costs to the date of taking in the amounts hwaWafter specified, after notice of intention to take said land given as required by law. 2010 TAXES REMAI#i M UNPAID .............................. $2,929.06 INTEREST To THE DATE of TAKm .............................. $592.49 INCIDENTAL EXPO AND COSTS TD THE DAY of Tmue........ $12132 SUM FOR WHIC" LAND IS TAKEN ............................. $3,642.$7 wITNBSS my hand and seal this Friday, dune 24,2o, I T OF Nt?' By: SUDMERFMCiFi THE CGMMQNWEAI.TH OF MASSACHUSSETTS Then personaly appeared the above named foregoing instrument to be his free act and need af b fof+e''m.. e ...... .. .......... My aim M*5 FOW M NW^W BY YHE OWMnM OF MWM ......, ..9,20-141— And eckmw the MWS .. NovyP.-j"Umot60paw Bk .13896 Fay X 42 13535 NO.0 6---? 7 -- `a �El 14 $ 01=53P 1 � r� r y � �-� � COMMON'wFALTH of MASSAcyausims LAND COURT DEPARTMENT OF THE TRIAL COURT TO ALL WHOM IT MAY CONCERN: Town of North Andover hereby give notice that, on the _ -'rel day of Tun e 20 14 filed in said Court a complaint against' Stephen J. Scully to foreclose a tax lieu acquired under a certain tax deed (or deeds) from the Collector of Taxes for the Town of North Andover , in the County of Essex and said Commonwealth, to me dated June 24, 2011 , and recorded with Essex Deeds in Book 12559 Page 302 - said deed (or deeds) covers a certain parcel of land situated in North Andover Commonwealth, which is described as follows: in the County of Essex and said A parcel of band with buildings thereon, located of ESSEX STREET, said to contain 1.02 acres, more or loss, described as Tax/Map Number 210-103.0-0054-0000.0 in the Assessor's office, recorded as Book 5661 Page 57, at North Essex Registry of Deeds and identified by Bill# 6359 of Assessor's Records FY 2010 Tax *Name 511 respOndents as in complaint. Return To: Louison, Costello, Condon & MR 101 Summer Street Boston, MA 02110 THIS INSTFii1l GNT NOT VALID i STATE TAIL FORM 301 THE COMMON ieALTt4 OF MASSACI USErM Be RECtN M VJNN BG DAYS OF THE "[SATE OF Bk 12559 P+s 07-27-2011 Town of North Andover OFFICE OF THE COLLECTOR OF TAXES 7085 a U2 s 15P gF , I, T�+n-�P+r.; IL Collector of Taxes for the Town of North Andover, pmutat and subject to the provisions of General Iaws,, Chapter 60, Sections 53 and 54, hereby take fm said Town the foi.:owing described lai d- DESC3 EMON OF LAND IrbC =ML.Ndkb* I x I Wk1m*jhwj.ey�alIDutgnrlldtbtfl�eflareill jeftmaai noffiewbokdrCad&ftQrTkk)jxe.,.su.Ee0WyV m.,.srrpaw,660MI A parcel of Land with buildings thal<m, Located at ESSEX ST EEE, said to contain &$ AcrM more or less, described as Tax/Map Number 210-103.0 9,0 in the Assessor's office, recorded as Book 56667 Psge A7 at Nardi Essex Registry afDO& and identified by Bill # M ofAssessWs Records,FY ZQ10 Talc, Said land is takes for non-paymmt of taxes as defined in Section 43 of said Chapter 60assessed thereon to SCULLY, STEPMN J for the year 2010, which were not paid within fwrtem days after demand therefor made upon SCULLY, STEPHEN J on 6/2 V2010, and now remain Ladd together with interest and mcidental cq=m and costs to the date of taking in the amounts h=maftcr specified, after notice of intitfion to take said land given as requbW by law. 2010 TAXES REMAINING UNPAID .............................. $3,156.04 INTEREST To Tim DATE of TAmm .............................. $640.11 INCIDENTAL EXPENSES AND COSTS To THE DAY of TAKIW ....... $121.32 SUM FOR WHICH LAND IS TAKEN ........................ a . $ * . $3,917.47 WITNESS my hand and seal this Friday, huge 24, 2011 (3F Nt7`VER BY., � of XJZA"K FEUCH =j.=uattrs u rw tt, its THE COMMONWEALTH OF MASSACHU5 _ " - Frei. Then Pemanaly Mpared dw above named foregoing instrument to be his free act and dee446 bef&wji TM FORM IS APPWNW BYTW MPAMW W cF MVENWE the W1c 1386 P 3 41 '"613534 NO. t y TL t q 8 tI 2 , T.L. COMMONWEALTH OF MASSACHUSETTS �101444 ]DEPARTMENT OF TETE TRIAL COURT TO ALL WHOM IT MAY CONCERN: Town of North Andover hereby give notice that, on the 3 rd, day of T"'V i1 c 20 14 filed in said Court a complaint against* Stephen J. Scully to foreclose a tax lien acquired under a certain tax deed (or deeds) from the Collector of Taxes for the Town North Andover , iD the County of Essex and said Commonwealth, to me dated dune 24, 2011 , and recorded with Essex Deeds in Book 12559 Page 301 said deed (or deeds) covers a certain parcel of land situated in ]Forth Andover in the County of Essex and said Commonwealth, which is described as follows: A parcel of Land with buildings thereon, located at ESSEX STREET, said to contain 3.30 acres, more or less, described as TaxNap Number 210-103.0-0006-0000-0 in the Assessor's office, recorded as Book 5667 Page 57, at North Essex Registry of Deeds and identified by Bill# 6317 of Assessor's Records FY 2010 Tax. *Name all respondents as in complaint. Return To. Louison, Costello, Condon & Pfaff 101 Summa street Boston, MA 02110 `� � �� � �- ��',c ,` t� c�, c �� F� � c�,`� �j _� North Andover MIMAP April 6, 2016 (o 0:( �00(03' j '#70.�fr 1'03.0-0109' Boxford 103.0-0044 1t OF fj or 1 OF. to-0054 103.0=0006 f (103.0-0042 + 1 1 1001 `, 2! ; f 103-,0056 103:0-0055 tis 000. �i 01 #6'1 10 103.0-0132 _ %iljlj9 3:1 0008 > 103:0-0071 \. rr �f. 5;� -0070 �.. #•1206 ' of.1-2 �j'.'1'i l 103.0-0069 > 0103.0-y00772 r 3."0-0086 1041 Aw 13 MVPC Bo Zoning Overlay Zoning E3 Municipal Boundary © Adult Entertainment Distric Busine 0 Machine Shop Village Ove is Busine — Rail Line 0 Watershed Protection Dist 13 Busine 0 Historic Mill Area 13 Busine s 1 District s 2 District s 3 District s 4 District NORT11 Horizontal Datum: MA Stateplane Coordinate System, Datum NAD83, Meters Data Sources: The data for this map was produced by Merrimack Valley Planning Commission (MVPC) using data provided by the Town of Interstates — 1 [3 Medical Marijuana G Genera — SR E3 Downtown Overlay District C Planne Historic District Conido Business District Ot p r '9� Commercial Dev �� •• O Development Dist 3? • OL North Andover. Additional data provided by the Executive Office of Environmental Affairs/MassGIS. The information depicted on this map is for planning purposes only. It may not be adequate for legal boundary Roads U Osgood Smart Growth (40 [: Con-do � r Easements Hydrographic Features O Corrido Industri D Parcels Streams Industri Development Dist OAt Development Dist 6" — 9 11 District 40 - 12 District • "s + • definition or regulatory interpretation. THE TOWN OF NORTH ANDOVER MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF THESE DATA. THE TOWN OF NORTH ANDOVER DOES NOT '-: Wetlands =: Industri D Industri Exempt Lands Residei 13 District K o �� • I S District •� ' "" 1 District �7,' °•�r4° ��',�.(� ASSUME ANY LIABILITY ASSOCIATED WITH THE USE OR MISUSE OF THIS INFORMATION Residei R—idei cc ce 2 District ce 3 District SSACHUS� l dece 1 " = 210 ft { }.de iY' 4 District ce 6de ce S District District �a a esidential District North Andover MIMAP April 6, 2016 103 O-0003 I 70 ESSEX ST 103.0-0109 l Boxford TM4 1 3.0-0044 i •' v i. 103.0-0054 5�91 ESSEX ST } `� 71 ESSEX ST 103.0-0006' �r 103 0-0056 103��0�"-..0055 =fK 103 0=00,Q8 • ; 103.0-0005 ' � '� 6'3 ESSEX S7 103.0-00x7 ❑ MVPC Bo Interstates Horizontal Datum: MA Stateplane Coordinate System, Datum NAD83, — I — SR Meters Data Sources: The data for this map was produced by Merrimack NCRTOI Valley Planning Commission (MVPC) using data provided by the Town of Roads Of Tr.ttn '� t r• • O North Andover. Additional data provided by the Executive Office of Environmental Affairs/MassGIS. The information depicted on this map is t i Easements ? • O 3' L for planning purposes only. It may not be adequate for legal boundary Parcels _ -^ pdefinition or regulatory interpretation. THE TOWN OF NORTH ANDOVER MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING ♦ t i ^ y THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF THESE DATA. THE TOWN OF NORTH ANDOVER DOES NOT i ASSUME ANY LIABILITY ASSOCIATED WITH THE USE OR MISUSE OF fl r"c � 1SSACHUSE� THIS INFORMATION 1" = 135 ft •�° North Andover MIMAP April 6, 2016 6 ,.Pry f / ILr 103.0-0003 ,+ �►ioa:o-o o ,r� Boxford �r� f . OF 52iESSEX>ST 103.0-0006. 00" OF00 00 _ • . ' 103.0=004301 OFF 32'ESSEX ST - 103.0-0054 y �. silsll R1 �- 59�ESSEX ST_ d .�•.yAll" 103:0-0042 � . � , 00i 5 0 Air 103.0=00500 r ry 25 ESSEX+ST 103.0-0056 0�1 57lESSEX ST Air 030-0008! F 4F IF Q MVPC Bo Zoning Overlay Zoning Q Municipal Boundary 0 Adult Entertainment Distdc Busine i❑ Machine Shop Village Ove : t Busine •- Rail Line ® Watershed Protection Dist O Busine Interstates [3 Historic Mill Area 13 Businei — IID Medical Marijuana b Genera s 1 District s 2 District s 3 District s 4 District H011 Business District Ot ��'� Horizontal Datum: MA Stateplane Coordinate System, Datum NAD83, Meters Data Sources: The data for this map was produced by Merrimack Valley Planning Commission (MVPC) using data provided by the Town of North Andover. Additional data provided by the Executive Office of — SR B Downtown Overlay District O Planne 0 Historic District Corrido Roads 'J Osgood Smart Growth (40 L: Corrido � r Easements Hydrographic Features O Corrido Industri ti�ao Commercial Dev `i �� OO Development Dist ,{. L Development Dist Ohic �' - p Development Dist - I 1 District - Environmental Affairs/MassGIS. The information depicted on this map is for planning purposes only. It may not be adequate for legal boundary definition or regulatory interpretation. THE TOWN OF NORTH ANDOVER MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING Parcels Streams Indus[ri `-: Wetlands E. Industd O Ind tri Exempt Lands Reside Reside 12 District « i ,^, 13 District o� ��� f IS District ce 1 District �{, �O�Argo ce 2 District $$ACM THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF THESE DATA. THE TOWN OF NORTH ANDOVER DOES NOT ASSUME ANY LIABILITY ASSOCIATED WITH THE USE OR MISUSE OF THIS INFORMATION Reside ll de de 1" = 97 ft «�.deV,,'%ential ce 3 District ce 4 District District District �a a District � w y�` ,, y -� 3 �, -,. It �i�•"'�z2` � a f � �..4__<�_ � .. r y. AN Boxford r } 1 k kojµ y e vim„ 41Y— • .F'..s°' �� � e„}, : rt i r 6i.�t ti~ � `d � � t 3: s .a' C1U �`sf-I,Fo �: ✓'�k��FF'rt,3��, 1 1^I I :+'vl'F _s i A 3.,,. r 8 `,:^°'4 + ` i d Y y W d\ z ^a .°�.#,�.- „7,tmr „kms 'eY �� t.y '9 { •4 �'%Y ..'/ GYYJW Kl ar �1 1 11 �` F FBF, 5 %`��-. A. , "�.. � �. � "_ � jrtp��i fly"^ ,� �•...�,' \ d A '4 ac I OF NORTH 4ti 3�oc m O D 5� �9SSACHU5 COMMUNITY AND ECONOMIC DEVELOPMENT DIVISION Building Conservation Health Planning Zoning MEMO TO: Eric Kfoury, Director Community & Economic Development Gerry Brown, Building Inspector FROM:Kristine Cheetham, Town Planner DATE: August 6, 2015 RE: 71 Essex Street ANR (1974) Map 103 Lot 6 George Schruender, on behalf of the property owners Stephen Scully of record for 32 years, would like to determine the appropriate process to secure permits and/or relief from the Zoning Bylaw in order to develop the parcel noted above The property at 71 Essex St. was created through an ANR in 1974 under the R-1 zoning. The lot exists legally today with regard to frontage and acreage under the vested rights of the property owner of record for 32 years. Note: The zoning district did change in 1989. The access to this particular lot from the frontage is complicated by the presence of a brook. The adjacent lots, 57 & 61 Essex Street, have a shared driveway with a brook crossing. The Zoning Bylaw Driveway Definitions 2.30.1 (1989) allows for a Common Driveway Special Permit (PB) of no more than two and/or a Special Permit(PB) for access other than street frontage 7.2.1 (1994). However, the applicant has Deeded rights for a driveway easement & agreement in place with the ANR and recorded in February 1975. It would appear that the applicant may need to apply for a Watershed Special Permit to construct a new dwelling dependent upon location of structure from the brook. Although the lot frontage and access may receive the benefits of vested and deeded rights, the applicant will need to meet all other applicable Dimensional Requirements for building a new structure according to the bylaws as of 2015. 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9531 Fax 978.688.9542 Web www.townofnorthandover.com c m �z LINE STONE W/DK Simpsoncimm"t '12w57 -w- 1 000 --77 r .N. LOT 4A 311,476- s.f. No. Andover 12,1672 s.f. Boxford 323,643- s.f. Total SNIP. -- o in oo- crUme 0 Ser 1p 4E Ox 680 I1yl °606 y" d A s., I.P. LOT 2' LOT 5 61 LR 143 534:s.f. No. Andover 112,991- s.f. 20:180 s.f. Boxford 163,714-sf. Total Dill SM LR gW 103.99 zw 3: z LOT I 0J 44,014xs.f. LOT 3A 44,407- s.f. % �.o 15ood- 94 si 15e 34712516E StI.P. D c� I.R j5ood— 15 / ,,,r5a-'�TREET Sex I ;�E —NIPUBLICv" Y 548°-0]_29E EX PLANNING K -A7 D Ess CONTROL LAVI KANNING BOARD Of TOWN op NORTH ANDOVER RDADSTONE By PLAN OF LAND By IN M -L- NORTH ANDOVER NOUN ANDOVER BANNING BOARD 7EASOVE ENDO-SRArNT IS NOTA DETERMINATIO14 MASS. AS TO CONFORMANCE , 1IF, ZONING REGIULAMoNs. a BOX FOR D NORTH ANDOVER PLANNITqG BOARD FORS JANET (WARD) BURNS DT SCALE: I I'= 6d MARCH 8,1974 VlR JOSEPH W. MOORE CO., INC. IZ2 CIVIL ENGINEERS LAND SURVEYORS 16 RAILROAD AVE. BEDFORD, MASS. L - po 443500/4TED WiTN BOSTON SURVEY CONSUL) M 5, [. DWG. No. 502 North Andover MIMAP August 6, 2015 1 O MVPC Ba Interstates — I — SR Roads t i Easements Parcels 1" = 170 ft n--6-4 t NOR7M 1 O ts•ao raa N° F � A ��SSAc►+usEt� Horizontal Datum: MA Stateplane Coordinate System, Datum NAD83, Meters Data Sources: The data for this map was produced by Merrimack Valley Planning Commission (MVPC) using data provided by the Town of North Andover. Additional data provided by the Executive Office of Environmental Affairs/MassGIS. The information depicted on this map is for planning purposes only. It may not be adequate for legal boundary definition or regulatory interpretation. THE TOWN OF NORTH ANDOVER MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF THESE DATA. THE TOWN OF NORTH ANDOVER DOES NOT ASSUME ANY LIABILITY ASSOCIATED WITH THE USE OR MISUSE OF THIS INFORMATION 08/06/2015 11:00 ft 9786855900 REALLIVINING SCHRUEN QUITCLAIM DEED WE, STEPHEN J. SCULLY ANp DIANE.L. SCALLY of 808 Qeat Pond Road, North Andover, Essex County, Massachusetts For consideration paid in the amount of LESS THAN ONE -HUNDRED ($100,00) DOLLARS GRANT TO . STEPHEN J. SCULLY; INDIVIDUALLY of 808 Great Pond Load, North Andover, Essex.Counry, Massachusetts WITH QUITCLAIM COVENANTS PAGE 01/04 5667 . PG 57 Three certain lots 'of land with the buildings thereon situated iaostly in North Andover, but partly in Boxford, .in Essex County; •Massachuspits, shown on . i-planof land entitled "Plan'of Land in North Andover and.B'oxford, Massachusetts for Janet (Ward) Burns, Scale 1"=60', March 8, 1974, Joseph W. Moore Co., Inc., Civil Engineers -.Land Surveyors", recorded in the North Essex Registry. of Deeds as plan #7078, and being more particularly bounded and described as follows: NORTHWESTERLY by Essex Street, as shown on said plan, a total distance of 150.00 feet; NORTHEASTERLY by Lot 4A, as shown on said plan, a total distance of 335.64 feet; SOUTHEASTERLY by Lot 2A,, as sh6wn on said plan, 86,45 feet; and SOUTHWESTERLY by Lot 2A; as shown on*said plan, 319.62 feet, Containing 44,407 square feet, more or less, according to said plan. LOT 4A: A " x" - shaped lot bounded as follows: JAN 31100 AM8:55 NORTHWESTERLY by Essex Street, as shown on said plan, a total distance of 150.0 feat; NORTHEASTERLY by Lot 5.A, as shown on said plan, a total distance of 802.12 feet; NORTHWESTERLY again by Lot 5A, as shown on said plan, 315.00 feet; NORTHEASTERLY again, by land now or formerly of the Estate'ofGeorge ! � Gemmell, as shown oii said plan, a total distance of 288..93 � feet; PROPERTY ADDRESS: 61 ESSEX STREET, NORTH ANDOVER, MA 01845 PLEASE RETURN TO TIMOTHY R HATCH 6QX 30 G� P 08/06/015 11:00 9786855900 A n SOUTHEASTERLY REALLIVINING SCHRUEN PAGE 02/04 BK 5667 P7 58 by land now or formerly of Simpson and land now or formerly of McClintock, as shown, on said plan, a total distance of 748.79 feet; SOU n-AVESTERLY by land now or formerly of Boda and by Highwood Way and by land now or formerly of Twombly, as shown on said plan, a total distance of 379.04 feet; WESTERLY by land now or formerly of Dill, as shown on said plan, a total distance of 167.03 feet; NORTHERLY by Lot 2A, as shown on said plan, 345.80 feet; and generally WESTERLY again, by Lots 2A and 3A, as shown on said plan, a total distance of 684.78 feet. Containing 323,643• square feet, more or less, according to said plan. LOT SA NORTHWESTERLY by Essex Street, as shown on said* plan, a total distance of 152.17 feet; NORTHEASTERLY by land now or formerly of the Estate of George Gemmell as shown on said plan, a total -distance of 725.19 feet; SOUTHEASTERLY by Lot 4A, as shown on said plan, a total distance of 315.00 feet; and generally SOUTHWESTERLY, or WESTERLY, by Lot 4A, as shown on said plan, a total distance of 802.12 feet. Containing 163,714 square feet, more or lcss, according to said plan. Said premises are conveyed subject to and together with the benefit of a certain driveway easement and agreement contained in a certain deed of Lot 2A on said plan,• said deed being a conveyance from Janet M: Burns to Michael I Teary et ux, dated Februazy 25, 1975, recorded in the North Essex Registry of Deeds at Book 1257, • Page 791, to which deed reference is hereby made for a more particular description of said easement and agreement. Being the premises conveyed to us by deed froze Janet -M. Burns dated October 15, 1975, recorded with Essex County (Northern District) Registry of Deeds, Book 1269, Page 288. Executed as a sealed instrument this 28TH day.of January, 2000. OG/06/2015 11:00 9786855900 REALLIVINING SCHRUEN PAGE 03/04 2, Janer" >K; borne, iormaely lmo,te►. as Jinet M. 'hard; o! North Andover, Lases �ws7,bSmaw ia3000�e�Oeaoaddeaabap>jd.aallaEv7t 921.500A0•-••:••••••• ' `' • , eagi�ad000t •r. ' lnmem Miehae2 J. Leary'and Cdrol A. leavy,-husband and wife as ,onaooenxc,� C tenants and not tenants by the entirety and no� aiig sCriaea tiryporr. Maeaachusecto %kh gnuAdm btronmtda dwhudfm North Andover, Essex Couney on. the SoUtheaitarly nidi of Essex. Street being shown, as "Lok -2V an plan entitled "Plan of Land. in - North Andover and Boxford(C-10-04 KM!t"r)Mass. •fo:'Janet'(b9ad) Eurns" dated March A. 1914 by Joseph W. Moore.ro*,. Inc. • Civil ; Engineers, Lend surveyors, recorded with the Easel NortA Distriot .'.' $egiatry of ageda'as plan No. 9079, .being mon partlaulall.y bounded and described sa £vllowal Boginning at an iron pips 10 the stone wall An'8eses;St'rsat At Lot I. and ream ng BOlTfOMTERVYbY said Lot 1 a distance of 339.2 test to an iron' NX thence reaming :, : '''•. SDtlOWSTRRLT , by said Vint 1 a dis.eaata .of 110.5 feet to a drill holo in .'stone wall at land now ov -formerly of :< bill; thence runner SO'it IJWTLW. SOU1MLY, AND SOUrMSTARLY along said atone wall by Aatd Dill ,issue 278.66 feet eo Lot 40L) .tfi•nee runt►ing• NORTEWTYRLY by said _t et.4R a distanea of 945.8 foot to ani iron pipet thance r=nLng 90R171WF33TBBLT on two (2) courses •still by said Let: 4A a distance of • 349 : i4 'feat to Loc 39; then! running . $0uTftwES7ERLY bz• said Lot 3A a diatance of 86,45 feet. to an iron. Mal ehooei ming NORfCi1i8ST8aLY by said Lot 3A a distance of 319,.Wfaat to the stone well at Essex Street; thence.rmmning ' ;pyl'ItWESTERLI' Along said 'atone mall by Essex Street 130 fast to the:• pOiat o•beginning. Ccattaioinb 112.991 egwre'feet all as shorn on said pVaA.. :.i :. • '•t ' ' Being a portion of the premises eonvayed to -re by weed of Donald•6f: Ward dated June 12. 1970 and rdcorded with said RejAscry of Doods iq: •:. .,' So" 1154 Page. 03. .Atao •oo dead rocordod La U. 907, Pi;, 80. Also. the grantor on behalf of herself; her hoirsANSCIRSi�as. �ranti ^.`r. % � �• to the•Cranteee herein. their heirs, invitees succeaeora and.aesigtts is and rejaea, foe aft purposes for which. the gerpatual right to paresi andel dtivaaays are normally ueed;.over tt►a driveway of the Granter' ; as the same is laid out eno'ehoun'upon the said.plpn so long as the".. ; Grantgea or to pay their ptioportioneto shamof the coat o@ -main- tenance. rho Grantor and the Crantees. herOy.:A&ee that the Grantees' ' obligation to pay}► their Paid propoveianate shhara of the cost of main- CanAnee shall Ar at such tithe as the: Grantees or their imriraes, actually commanca•to use. said drivawo As a meane of,adgeas for purposes of the construction of a datelling.upon the premiaea fncrehy conveyed. f'elarity, arta The Grantor and.the Grantees hereby ognea.•for purpoaes•o in an effort to minimize fucure.difierenees qt ncorpree4Cion, that th•'�': "maintenance" obAll inalude: spot repair and reaurfacing: For, ineaofasaid driveway,-uti he proportionate share of the coat of mainnten-. as etwaon Grantor and Grantees and subao uent purehaaere who elect to o6e the.said driveway, rho xitio to be employed shs11 contain. as A d4nominator..'t4a weal nuae�er of foot contained ; in said, driveway. and,. sit aa ❑uawrator. the total nwaber.of fdei utLlitEid. br the'Grantees, this fraction etw1L the+ ba multi lied by the.totgl coat of •aai�ntenanee and: Cha produce thereof, dividepd. by. [ha nuamer• e _ • , � '; ' ..lot *%more -utillaing the sppropriate. portion of the driveway at .:psi- "' ' 08/06/2015 11:00 9786855900 REALLIVINING SCHRUEN PAGE 04/04 +':ocular given time: The Grantor hgreby agrees to give the Grantees. written aotieo of her intention to contract for the resurfacing or :the diiveway,'vbeftin she.@ball state the contract price and the nome'of the party to whom the contract ie to be let, The Grantees , �f theyso elect, mAy, within thirty.00) days after receipt of the aforesaid noose give.notice of their i,ntenti'ork to abandon the 'driveway. right to paas anh xepsss over the :said and in such event,, the Grantees right to pas and repaa$ over •the:said driveway shall tosminate upon the expiration of thirty (30),dayys from the date of ' the receipt of said notice, at which time his•o.�i ation to bear a proportionate share of rhe cast of maintenance orVeLd driveway ' shall likeviae be extinguished. I,f the Gragteea fail to :fulfill chair obligations to pay their proportioeAte share of the Coote of maintenance, hexotnhotove described, an Che''Grant'ot; slay tporeu on : give the Grentaoe written notice of her intention to torminats the sighi Co pass and topaee.'and, updn the Cranteds failure to cure - the'delault Within thirty (30) days of receipt of said natiea, said right shall be,extinguished. A certificate of the Grantor, her helve.:'. succoasora or assigns, reciting the Grantees failure to so contribute, together with a etatecant that notice was given as provided herein sh'sl� be canclusive upon all parties, and -upon the recording of said ,.eertificatc in the appropriate Re8istry of needs, said rigght to ' pose.end'repage, as hereinbefore described•, shall be'extinguished. N6,twithataanding avythiag hereinbefore itQntioned, neither the Grantees 'nor their heirs, or invitees, shall be permitted to operate beavy- duty trucks, so called, such as a dump truck used for the haulingof •' 'gravel ,'on•said driveway, duving;the period extending from Mar1 'Co April'1upp5 in each calendar. year, •Hut not hereby intending to pro- hibit Idelivery•of"fuel by oil trucks. The Grantees agree, to repair any da+mge to driveway caused bg trucks-, : bulldozers, or. other equippwent used in the construction of •the Grantees dw6111ng or accessory buildings, Assy notice given hereunder•ohall be deemed'duly given if in writing by and mailed registered or certified mail, all postage, certifigaeion 61 or registration chargee prepaid, to the Grantor at Essex Street, North Andover, MaeaachuaeCCOO and to, the (:raptee9,at 04 Hi��1hs Street, Newburyport. Massaehusecee,•or st such. ocher address as dMar parer : may th writing -so designate. _ d" Mnam.mi,.._ _16a+e4 sea Sul �Lla .� ..,,kz1�., _.... ... Ay of i _. ......... ............. % 1. CALTH OF rn�1�SAr�NUE1f1 ;1 ,i JVNI M. .tdj dlCilsarc}plsttLt . 1973 "f�P %eF?t �WAosa.mR4 `yades' N.' Burns , 1M��+�+q?+at wnR ebR hir Wcatme . ilsoardiB . AD;.1,1975 at '� c83Pri .: X3961 Mr soi. r79.