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HomeMy WebLinkAboutMiscellaneous - Exception (511)zBA469 Date A.46 7f ��7 TOWN OF NORTH ANDOVER RECEIPT This certifies that�o...t�.�...................... has paid .l..00!.. .... v1! ....i."........J......................... for ....►.!4. 04A.AA4 .... ��.... ��Gn.'i.i°....... �.�.... �!.P�-..Q Received by .4.!....m'. /.. T ..................................... Department...................................................................... WHITE: Applicant CANARY: Department PINK: Treasurer n � i ZBA 46 g DaterLr �.�f ..7�•� TOWN OF NORTH ANDOVER RECEIPT � t This certifies that ��!.,l�r�J.�h. ...✓Il.i.,✓i P. Pil.t..�a.�?,.................. has aid. .7F. ..... '.. .�%. .� ...� �.Ci.l...Podols� �r e Sr -' for .....4.'-.. �.....4-.p7....�. ...t9}Q.? Receivedby .!.. , , ................................................. Department......... `.� "./............................................................ WHITE: Applicant CANARY: Department PINK: Treasurer 0 0 J 90 b m r r W D Lv p m g� O 60 M., C4 14 t 1 d,,4<, 011ar J,sr M/tndin$ Q40B Application filed,. Nearing due on; Uocision It, I'„�"" �7 LD f 10 S'rbne JP&ve G, Gd�'1 �IO�vihf /i�q�5 6�5 Ate G 5 6i45 Aj5oil f µ � P, 6(] — ',?1 - 34 a�q 6 / � 30 5 — 3/ �-9 t ! Town of North Andover Town Clerk Time Stamp ZONING BOARD OF APPEALS 1,, 1�1/ r D - Albert 1?. Manzi 11I, Esq. Chaimian E., Ilen P. A1clntyre, l 'ire -Chairman Richard 1. livers, Esq. Clerk Joseph D. LaGrasse David R. Webster Assotiate Alemherr Thomas D. Ippolito Richard M. Vaillancourt Daniel S. I3raese, Esq. Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. Notice of Decision Year 2007 2G-31 OCT 21 Fil is 02 40A, §17 Property at: Lot 10 Stonecleave Road NAME: Richard Adams HEARING S): October 9, 2007 ADDRESS: Lot 10 Stonecleave Road PETITION: 2007-019 North Andover, MA 01845 TYPING DATE: October 11, 2007 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street, North Andover, MA on Tuesday, October 9, 2007 at 7:30 PM upon the application of Richard Adams, 114 Stonecleave Road, for premises at: Lot 10 Stonecleave Road (Map 104. B, Parcel 137), North Andover, MA requesting a Finding as a Party Aggrieved of the Inspector of Buildings under Section 10, Paragraph 10.4 of the Zoning Bylaw and the Massachusetts General Laws, chapter 40A, §6;as petitioner seeks to develop Lot 10, Stonecleave Road as a buildable lot. Said premise affected is property with frontage on the East side of Stonecleave Road within the R-1 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on September 24 & October 1, 2007. The following voting members were present: Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, I11, Richard M. Vaillancourt, and Daniel S. Braese. The following non-voting members were present: Thomas D. Ippolito. Upon a motion by Richard J. Byers and 2"d by Richard M. Vaillancourt, the Board voted to GRANT a Finding in favor of Richard Adams as Party Aggrieved of the Inspector of Buildings under Section 10, Paragraph 10.4 of the Zoning Bylaw and the Massachusetts General Laws, chapter 40A, §6;as petitioner seeks to develop Lot 10, Stonecleave Road as a buildable lot; per: Site: O fi Board of Appeals Plan, Lot 10 Stonecleave Road, North Andover, MA., Assessors Map 104B Parcel 137, prepared for, Richard Adams, 114 Stonecleave Road, North Andover, MA. Date (& Revised Dates): Notice of Decision Year 2007 2G-31 OCT 21 Fil is 02 40A, §17 Property at: Lot 10 Stonecleave Road NAME: Richard Adams HEARING S): October 9, 2007 ADDRESS: Lot 10 Stonecleave Road PETITION: 2007-019 North Andover, MA 01845 TYPING DATE: October 11, 2007 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street, North Andover, MA on Tuesday, October 9, 2007 at 7:30 PM upon the application of Richard Adams, 114 Stonecleave Road, for premises at: Lot 10 Stonecleave Road (Map 104. B, Parcel 137), North Andover, MA requesting a Finding as a Party Aggrieved of the Inspector of Buildings under Section 10, Paragraph 10.4 of the Zoning Bylaw and the Massachusetts General Laws, chapter 40A, §6;as petitioner seeks to develop Lot 10, Stonecleave Road as a buildable lot. Said premise affected is property with frontage on the East side of Stonecleave Road within the R-1 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on September 24 & October 1, 2007. The following voting members were present: Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, I11, Richard M. Vaillancourt, and Daniel S. Braese. The following non-voting members were present: Thomas D. Ippolito. Upon a motion by Richard J. Byers and 2"d by Richard M. Vaillancourt, the Board voted to GRANT a Finding in favor of Richard Adams as Party Aggrieved of the Inspector of Buildings under Section 10, Paragraph 10.4 of the Zoning Bylaw and the Massachusetts General Laws, chapter 40A, §6;as petitioner seeks to develop Lot 10, Stonecleave Road as a buildable lot; per: Site: Lot 10 Stonecleave Road (Map 104.13, Parcel 137), North Andover, MA 10845 Site Plan Title: Board of Appeals Plan, Lot 10 Stonecleave Road, North Andover, MA., Assessors Map 104B Parcel 137, prepared for, Richard Adams, 114 Stonecleave Road, North Andover, MA. Date (& Revised Dates): August 27, 2007 Registered Professional David Alves, P.L.S. #45454, Benjamin C. Osgood, Jr. R. P. Civil Engineer Land Surveyor: #45891, New England Engineering Services, Inc., 1600 Osgood Street, Building 20, Suite 2-64, North Andover, MA 01845 Sheet/Drawing: Sheet I of 1 Voting in favor of the motion: Ellen P. McIntyre, Albert P. Manzi, III, Richard M. Vaillancourt, and Daniel S. Braese. Voting against the motion: Richard J. Byers. Page 1 of 1 1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - wwtiv.totiv7ioliiorthanaover.com Albert P. AQanzi III, .Esq. Chairman Ellen 1?. A4cIntvre, Vice -Chairman Richard j. B3,ers, Esq. Clerk Joseph D. LaGrasse David It. Alcbstcr rl.eroriale Allemberr Thomas D. Ippol.ito Richard M. Vaillancourt Daniel S. Braese, Esq. Town of North Andover Town Clerk Tine Stamp V F n ZONING BOARD OF APPEALS.., ,�? b��``°` � 207 OC ► 26 FH1 02 O ce The Board finds that the Inspector of Buildings' July 27, 2007 letter stating that the Board of Appeals is the body that determines the status of Lot 10 as a buildable lot is correct. Accordingly, he Board finds that Lot 10 Stonecleave Road has 150 feet street frontage and 43,570 square feet of lot area per above plan dated August 27, 2007 and finds that Lot 10, Stonecleave Road (Map 104.13 Parcel 13 7) was established as a legal, conforming lot as shown on the Definitive Plan of Land of Stonecleave Estates located in North Andover, Massachusetts, dated March 15, 1977 revised June 15, 1977, and registered as Plan #7636 by the Registry of Deeds, Northern District Essex County on July 19, 1977. The Board finds that Richard D. Adams acquired lots 9, 10, and 11 from Barco Construction on July 27, 1977 and recorded them at Book 1314 and Page 535, that Richard D. Adams deeded lot 11 to Barco Corporation on October 28, 1977 and recorded it at Book 1323 and Page 629, and that Richard D. Adams deeded Lot 9 [Map 104.13 Parcel 138, 114 Stonecleave Road] to Richard D. Adams and Jo -Anne Adams on February 2, 1978 at Book 1363 and Page 735. The Board finds that the applicant submitted copies of the chain of ownership deeds for the abutting properties and that lot 10, Stonecleave Road was not in common ownership with any abutting parcel after February 2, 1978. The Board finds that Lot 10 Stonecleave Road was created prior to the May 1987 Town Meeting Article 9 that changed this area from R-2 (lot area of 43,560 sq. ft., or 1 acre, and street frontage of 150') to R-1. Therefore, the Board finds that M. G. L. ch. 40A §6 applies to this parcel and the request for a Finding that Lot 10 is a buildable lot is granted. Note: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds, Northern District at the applicant's expense. 2. The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local, state, and federal building codes and regulations, prior to the issuance of a building permit as required by the Inspector of Buildings. Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice, and a new hearing. No Andover Zoning oar Appeals A ert P. Manzi, III, Esq., C airman Alen P. McIntyre, Vice C airman Richard J. Byers, Esq., Clerk Associate Members Thomas D. Ippolito Richard M. Vaillancourt Daniel S. Braese, Esq. Decision 2007-019. M 104.BP 137. Page 2 of 2 1600 Osgood Street. Building 20 - Suite 2-36, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - «-Ani'.to\tiiiofnorthandover.cotn Town of North Andover Town Clerk Time Stamp ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairman t' i V " Ellen P. McIntyre, Tice -Chairman NORTh q 1 , a _ t Richard J. Byers, Esq. Clerk 3r be`, +., *e �pL E Joseph D. LaGrasse F�� ra David R. Webster C Associate Members(+ �� Thomas D. Ippolito Richard M. Vaillancourt '� °R�reo ►�" `� to 1 `� Fa = f`j �SSACHUS� Daniel S. Braese, Esq. -'t q V1 Legal Notice North Andover, Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street, North Andover, MA on Tuesday the 9a` of October, 2007 at 7:30 PM to all parties interested in the application of Richard Adams, 114 Stonecleave Road, for premises at: Lot 10 Stonecleave Road (Map 104.B, Parcel 137), North Andover, MA requesting a Finding as a Party Aggrieved of the Inspector of Buildings under Section 10, Paragraph 10.4 of the Zoning Bylaw and the Massachusetts General Laws, chapter 40A, §6;as petitioner seeks to develop Lot 10, Stonecleave Road as a buildable lot. Said premise affected is property with frontage on the East side of Stonecleave Road within the R-1 zoning district. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street, Building 20, Suite 2-36, North Andover, MA 01845 Monday through Friday during the hours of 8:30AM to 4:3flPM. By order of the Board of Appeals Albert P. Manzi, Iii, Chairman Published in the Eagle -Tribune on September 24 & October 1, 2007. Legalnotice 2007-019. M104.BP137. M o �toZ00 'U1� grno N �r=° ° p7�o c aim Z�ND CA��W v-IZ2w N� r- -1 ocrno< ° ° w°ymcoQ, -o pr �D CL OD 8 v o w c a o cD o e m C _ —° ZOZ M O.pa�D N 37� p N 0.�(�� N N?� f�D '< CD Ae�p 3 M = NwD 71 W �7 ,.,0 DQ a N �w��° o�Ds� <CD memmin�coo.4a- -02 wCD °�v°,o=aovwp°rZNO=!� OR �noA'cwoU,00vow°y*.y.coy��°3°�Tp01jp�'mao���°�oQagmTZZ 0 a0:us'<<c.CLCD aoys`°wmornwm=8rCD m_o 7og°=.�w=!°°o°�mv0 -4iu �v � �?3� m coo 0 &4La8 %9a<W r� N�ao� � is � not y � �' M� 3��_�v a< AC -4 �Nm°3Oc N°°°_ ffDm°ow°�A14'ow� w w�..n o�ODmow°oconm crnm3o' o�m-<o�.Nw�wo�yK�yio�° o°:°�jP—'mmN�A —vm N°D_ _ m soma ma rc (DO) >-0 o_ mow o M 1600 Osgood Street, Building 20 - Suite 2-36, North Andover; Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web www.townofnorlhandover,com Zoning Board of Appeals North Andover Hearing No.: ZBA-2007-0060 Date: August 28, 2007 APPLICATION TYPE: SUBMISSION DATE: Finding ';I-" 7 - ® Mon Aug 27, 2007 Annheant's Name: NAME: ADAMS, RICHARD D SITE ZONING: ADDRESS: 114 STONECLEAVE ROAD TOWN: NORTH ANDOVER STATE: MA ZIP CODE: 01845 PHONE NO.: FAX NO.: EMAIL ADDRESS: MAP: Cion Infnrma*inn- Owner's Name: NAME: ADAMS, RICHARD D SITE ZONING: ADDRESS: 114 STONECLEAVE ROAD TOWN: NORTH ANDOVER STATE: MA ZIP CODE: 01846 PHONE NO.: FAX NO.: EMAIL ADDRESS: MAP: Work Location.: SITE ZONING: STONECLEAVE ROAD R-1 TOWN: SECTION OF BYLAW: NORTH ANDOVER, MA 01845 HEARING CLOSE DATE: GIS # MAP: BLOCK: LOT: ACTION TAKEN: 5960 1 104.B 1 0137 I VOTING DEADLINE: Reason forfifing: Finding from 10.4 and Mass. Gen. L. ch. 40A §6 as Party Aggrieved of the Inspector of Buildings HARDSHIP: FINDINGS: COULD NOT DEROGATE BECAUSE: FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: REFERRALS IN DATE: HEARING DEADLINE DATE: Wed Oct 31, 2007 HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE: SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: SION DEADLINE: MEMBERS PRESENT: VOTE: MINUTES OF MEETING: GeoTMS®1998 Des Lauriers & Associates, Inc. µ � � Albert P. Manzi 111, Esq. Ci'virmart fallen P. Mclntwe. Z �r;-(;CJimtun Richard I. titers, Eq. (.'Vers; loseph D. Li6rasse David 11. Webster r Issm re., M'emberr Thomas D. Ippolito Richard %I, Vidlancourt Daniel S. Bram, Esq. Bk 10974 Ps63 •� 33084 11--16--2007 Q 11 > 1 lu Town of North Andover ZONING BOARD OF APPEALS r4 o3i e.`. ° tet, fi ti 70 Any appeal shall be filed within Notice of Decision (20) days after the date of filing Year 2007 of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. � LC* L 4iJ; ��� C� �i i i i This is to eertif that twenty (20) days have elapsed from date of decision, filed without filing of an ppea1. Date "Ve Joyce A. Bradshaw Town CWk 40A, § 17 Property at: Lot 10 Stonecleave Road NAME: Richard Adams HEARING(S): October 9, 2007 ADDRESS: Lot 10 Stonecleave Road PETITION: 2007-019 North Andover, MA 01845 'TYPING DATE: October 11, 2007 The North Andover Board of Appeals held a public hearing.at its regular meeting in the Town Hall top1loor meeting room, 120 Main Street, North Andover, MA on Tuesday, October 9, 2007 at 7:30 PM upon the application of Richard Adams, 114 Stonecleave Road, for premises at: Lot 10 Stonecleave Road (Map 104.B, Parcel 137), North Andover, MA requesting a Finding as a Party Aggrieved of the Inspector of Buildings under Section 10, Paragraph 10.4 of the Zoning Bylaw and the Massachusetts General Laws, chapter 40A, §6;as petitioner seeks to develop Lot 10, Stonecleave Road as a buildable lot. Said premise affected is property with frontage on the East side of Stonecleave Road within the R-1 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle -Tribune; a newspaper of general circulation in the Town of North Andover, on September 24 & October 1, 2007. The following voting members were present: Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III, Richard M. Vaillancourt, and Daniel S. Braese. The following non-voting members were present: Thomas D. Ippolito. Upon a motion by Richard J. Byers and 2"d by Richard M. Vaillancourt, the Board voted to GRANT a Finding in favor of Richard Adams as Party Aggrieved of the Inspector of Buildings under Section 10, Paragraph 10.4 of the Zoning Bylaw and the Massachusetts General Laws, chapter 40A, §6;as petitioner seeks to develop Lot 10, Stonecleave Road as a buildable lot; per: Site: Lot 10 Stonecleave Road (Map 104 B, Parcel 137) North Andover, _MAI 0845 Site Plan Title. Board of Appeals Plan, Lot 10 Stonecleave Road, North Andover, MA., Assessors Map 104B Parcel 137, prepared for, Richard Adams, 114 Stonecleave Road, North Andover, MA. Date (& Revised Dates): ..August 27, 2007 Registered Professional David Alves, P.L.S. #45454, Benjamin C. Osgood, Jr. R. P. Civil Frigineer Land Surveyor: #45891, New England Engineering Services, Inc., 1600 Osgood Street, Building 20; Suite 2-64, North Andover, MA 01845 Sheet/Drawing: ISheet I of I Voting in favor of the motion: Ellen P. McIntyre, Albert P. Manzi, Ill, Richard M. Vaillancourt, and Daniel S. Braese. D nn f frig against the motion: Richard J. Byers. 1"1 f7 ATTES`i': i l A True Copy NOV 2; M/ U Page I of 1 0 r BOARD OF APPEALS Town Clerk e(,q,-i 1S e6W i. llba•.n 1?. \iarui f1t. i:q- (,l:;rirnrun. Fliev 11. Md.r,tym r 71" -Chairman Richard I Bym, Esq. c;:irk Joseph D. L•tGrnsse David R. Webstcr Lean;;a e AIavhvfd Thomas D. Ippolito Riclord it. \ 01micourt Daniel S. Firayse, Fsel. Town of North Andover inu„Ck,rk. ZONING BOARD OF APPEALS., .,-1, ,_.l_. �Ul;r� is� en 1t:f.'v-! lt� 1C O p t,Y Q The Board finds that the Inspector of Buildings' July 27, 2007 letter stating that the Board of Appeals is the body that determines the status of Lot 10 as a buildable lot is correct. Accordingly, he Board finds that Lot 10 Stonecleave Road has 150 feet street Frontage and 43,570 square feet of lot area per above plan dated August 27, 2007 and finds that Lot 10, Stonecleave Road (Map 104.E Parcel 137) was established as a legal, conforming lot as shown on the Definitive Plan of Land of Stonecleave Estates located in North Andover, Massachusetts, dated March 15, 1977 revised June 15, 1977, and registered as Plan 97636 by the Registry of Deeds, Northern District Essex County on July 19, 1977. The Board finds that Richard D. Adams acquired lots 9, 10, and 11 from Barco Construction on July 27, 1977 and recorded them at Book 1314 and Page 535, that Richard D. Adams deeded lot I 1 to Barco Corporation on October 28, 1977 and recorded it at Book 1323 and Page 629, and that Richard D. Adams deeded Lot 9 [Map 104.13 Parcel 138, 114 Stonecleave Road] to Richard D. Adams and Jo -Anne Adams on February 2, 1978 at Book 1363 and Page 735. The Board finds that the applicant submitted copies of the chain of ownership deeds for the abutting properties and that lot 10, Stonecleave Road was not in common ownership with any abutting parcel after February 2, 1978. The Board finds that Lot 10 Stonecleave Road was created prior to the May 1987 Town Meeting Article 9 that changed this area from R-2 (lot area of 43,560 sq. ft., or I acre, and street frontage of 150) to R-1. Therefore, the Board finds that M. G. L. ch. 40A §6 applies to this parcel and the request for a Finding that Lot 10 is a buildable lot is granted. Note: I . This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds, Northern District at the applicant's expense. 2. The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local, state, and federal building codes and regulations, prior to the issuance of a building permit as required by the Inspector of Buildings. Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice, and a new hearing. No Andover Zonin—g—Foari Albert P. Manzi, III, Esq., C� 411en P. McIntyre, Vice' H2 Richard J. Byers, Esq„ Clerk Associate Members Thomas D. Ippolito Richard M. Vaillancourt Daniel S. Braese. Esq. Decision 2007-019. M104.BP137. t 110RTM Of <<`" '• 1hC o } i F-7 :. I, I,/ E*n ♦ r �1 44- ��°�q7 FINDING 'ss�C °< 20637AUG -27 Pill 14: C,3 TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS �0 NAME: Rlcl-t►42P i&ppAA s Ki AS51k01,�U,31 ADDRESS OF APPEAL: M i4P 16Y 6 c. O -r A9 Procedure & Requirements for an Application for a Finding Ten (10) copies of the following information must be submitted thirty U days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Zonina Board of an auplieation as incomplete. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The petitioner will complete items that are underlined STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 2: FINDING APPLICATION FORM Petitioner completes an application form to petition the Board of Appeals for a Finding. All information as required in items 1 through and including 11 shall be completed. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in section 10, page 4 of this form. STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: The petitioner requests the Assessor's Office to compile a certified list of Parties in Interest (abutters). STEPS: SUBMIT APPLICATION: Petitioner submits one (1) original and ten (10) Xerox copies of all the required information to the Town Clerk's Office to be certified by the Town Clerk with the time and date of filing. The original will be left at the Town Clerk's Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals secretary. STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. in the absence of any appearance without due cause on behalf of the petitioner, the Board shall decide on the matter by using the information it has otherwise received. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 40A § 17, within twenty (20) days after the decision is filed with the Town Cleric. STEP 10: RECORDING THE DECISION AND PLANS. The petitioner is responsible for recording certification of the decision and any accompanying plans at the Essex County, North Registry of Deeds, 381 Common St., Lawrence MA, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and to the Building Department. w►utu.�ucwiitdiw��uurY W �YiM�wa:uuau�iuw,uLwwYuiuuwuuanduw�wa�uWuluu�uiEwwuwrwli�.Y�cluuullu(uiwuuiuiuw►w�uu�wuauwu►u1 IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. & Services North Andover Town Hall 1600 Osgood St., Bldg. 20, Suite 2-36 120 Main Street North Andover, MA 01845 978-688-9501 Town Clerk's Office 978-688-9542 fax for Community Development offices 978-688-9566 Assessor's Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office PAGE 1 of 4 PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a F I N D I N G Please complete all items 1 -10 below: 1. Petitioner: *Name, *Address and telephone number: Pk%CriA V -D fkDA&A s 114 SToNit CLE4'ji✓ F_.) Na a71H P,� ra oje At. zinA 01 84-9 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: R« t -t ARD AD A n t s Years Owned Land: 3, o 3. Location of Property: a. Street: 15-7b/JG CLE' 4L/C- RD Zoning District: P-1 b. Assessors: Map number: to 14 t3 Lot Number: 137 c. Registry of Deeds: Book Number: 13 t 4 Page Number: S3.7 4. Zoning Bylaw Section(s)* under which the petition for the Finding is made. P, eviuryuAN'T 1-0 to.y Or -rMC Byt-Aw 1:;Dt2 A F=t,vntAjc,- t1112EX 6•.i, -L 4cA scc-nnti Fe -From a 0eac'zC_ '-p J'�;Ll Z7 Zud7 *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Finding request: ?Ht4< THC 5080Ec7 - J- 07- /5 0 L.4WAt &, 1-07" 19AA > et•r4 1 oe- $N t <7 v po.v, .4 .5 iT w 6c V oT r+ Eck r N eoA4.- Ao.v o w.v�'t2s Kl P w t?N r4pj�b'evIm & c-P4nia Wj_ 7WC Tn&E v t= THE z,-,AIt&,CG- e HA -A1 -L t2iFN06'%LtNg 1-r /tra v co'vFo" t.v 6-. $CE fort me M6.0 PE'7 e6e s7RTFD x.70 The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4, section 9 of this application. Failure by the applicant to describe the request clearly may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s) that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. .;5 M — -- Bio 25 B. % rage a yr 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a rc I N D I N G 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear y3, :70 0 — 150 — 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear ISO_ 6 D. Required Lot: (As required by Zoning Bylaw & Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 87,t2D 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Units** Square feet Floors Sq. feet Building* of (A *Reference Uses from the Zoning Bylaw & Table 1. "State number of units in building(s). 7B. Proposed Building(s): Ground Floor Number of Height Total Use of Number Units*" Square feet Floors Sq. feet Building* of t *Reference Uses from the Zoning Bylaw & Table 1. **State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Finding shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. natu Type above name(s) here: La AM s r- PAGE 4of4 9. WRITTEN DOCUMENTATION Application for a Finding must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. All dimensional requirements shall be clearly identified and factually supported when requesting a Finding from the requirements of MGLA ch. 40A, and the North Andover Zoning Bylaws. All points, A -C, are required to be addressed with this application. A. The particular use proposed for the land or structure. B. Fact(s) relied upon to support a Finding that the proposed extension or alteration shall not be more substantially detrimental than the existing non- conforming use. C. Address all appropriate details of the Building Commissioner's denial. 10. PLAN OF LAND Each application to the Zoning Board of Appeals shall be accompanied by the following described plan(s). Plans must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of building elevation plans by a Registered Architect may be required when the application involves new construction/conversion/ and/or a proposed change in use. 10. A. Major Projects Major projects are those which involve one of the following whether existing or proposed: 1) five (5) or more parking spaces, II) three (3) or more dwelling units, III) 2,000 square feet of building area. Major Projects shall require, in addition to the 10B. & 10 C. features, that the plans show detailed utilities, soils, and topographic information. "10. B. "Plan Specifications: 1) size of plan: Ten (10 ) paper copies of a plan not to exceed 11 "x17", preferred scale of 1 "=40'. In One (1) Mylar, with one block for Registry Use Only, and one block for five (5) ZBA signatures and date.. FINDING IM Plan shall be prepared, stamped and certified by a Registered Professional Land Surveyor. Please note that plans by a Registered Professional Engineer, Registered Architect, and/or a Registered Landscape Architect may be required for Major Projects. '10. C. Required Features On Plan: 1) Site Orientation shall include: 1. north point 2. zoning district(s) 3. names of streets 4. wetlands (if applicable) 5. abutters of property, within 300' radius 6. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements. Ili) Legend & Graphic Aids shall include: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner of record, and land surveyor. 7. Locus. 10. D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an asterisk C). In some cases further information may be required 11. APPLICATION FILING FEES 11. A. Notification fees: Applicant shall provide a check or money order to: "Town of North Andover - #022-1760-4841' for the cost of first Gass, certified, return receipt (currently $4.64) x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice postage check. Also, the applicant shall supply first Gass postage stamps (currently 39¢) x the # of parties of interest on the abutter's list for the decision mailing. 11. S. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 1'x2-5/8" (3 copies for the Legal mailing and one copy for the Decision mailing). 11. C. See 2005 Revised Fee Schedule. 0 THOMAS J. URBELIS e-mail tju@uf-law.com URBELIS & FIELDSTEEL, LLP . 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 Telephone 617-338-2200 Telecopier 617-338-0122 July 16, 2007 Gerald Brown Inspector of Buildings Town of North Andover 1600 Osgood Street North Andover, MA 01845 Re: Lot 10, Stonecleave Road Dear Mr. Brown: Andover Telephone- 978-475-4552 We have reviewed the letter dated July 2, 2007 from Attorney Howard P. Speicher, who represents Richard Adams, the owner of Lot 10 Stonecleave Road (the "Property") seeking a determination that Lot 10 is a "grandfathered" building lot pursuant to Massachusetts General Laws Chapter 40A, Section 6, so that the lot may be built upon notwithstanding the fact that it does not comply with the current requirements of the North Andover Zoning Bylaw regarding area and frontage. In taking the position that Lot 10 is `grandfathered", Attorney Speicher asserts that because Lots 9 and 10 are in separate record ownership, they are preserved as separate buildable lots for purposes of zoning. The documentation provided by Attorney Speicher shows that Lots 9,10 and 11 were conveyed to Richard Adams on July 27,1977. On October 28, 1977, Richard Adams deeded Lot. 11 to Barco Corporation. On February 28, 1979, Richard Adams deeded Lot 9 to "Richard D. Adams and Jo -Anne Adams, husband and wife as joint tenants," so that at the present time, Richard Adams individually is the record owner of Lot 10, and Richard D. Adams and Jo -Anne Adams are the joint owners of Lot 9. Mr. Adams takes the position that this is sufficient to establish the separate ownership required to "grandfather" the lots under M.G.L. c. 40A, §6, para. 4. In making this assertion, Attorney Speicher relies on the case of Carcofi v. Board of Appeals of Billerica, 22 Mass. App. Ct. 926 (1986), where the Appeals Court held that two adjacent lots, one held by a husband and wife, and one held in part by the husband and in part by the husband and wife, were .grandfathered, and did not merge. However, in a subsequent case, Preston v. Board of Appeals of Hull, 51 Mass. App. Ct. 236 (1999), the Appeals Court ck, netvvhdged that the Carcofi case had "been undermined by subsequent case law," Id. at 240. JHI 1 Y ZUU1 '1' w \wp51 \work\n-andovekorresp\brown -lot 10, stonedcave rddoc BOARD OF APPEALS TcTu 4 .P _ L� if f 0 6-b URBELIS & FIELDSTEEL, LLP July 16, 2007 (� Page 2 The Appeals Court in Preston referred to the 1994 case of DiStefano v. Town of Stoughton, 36 Mass. App. Ct. 642 (1994), which addressed the practice of "checkerboarding" and the grandfathering provisions of Chapter 40A, and held that the critical inquiry "was not the form of ownership, but control," Id. at 645. The DiStefano case involved lots some of which were held by Mr. DiStefano individually and as Trustee, and some of which were held by his wife individually. In upholding a decision of the lower court judge which disregarded the checkerboard conveyances, the Appeals Court expressed this principle as follows: Anna, merely by reason of her being Albert's wife, is not automatically a controlled person so far as the .lots to which she received title is concerned. The judge could find, however, that her lots were in fact under Albert's control because the group of, lots transferred to her were "sold" for a consideration of $100, i.e., nominal; there was no evidence that the $100 was ever paid; Anna acceded to Albert's control in the corporation; ...." Id. at 586, 587. The, cases decided after Carcofi hold that the issue of control is a factual one, and is not necessarily determined by the face of the recorded documents, but should consider all of the attendant circumstances. Therefore, it would appear in this case that such a determination should be made in the first instance by the Zoning "Board of Appeals. Very truly yours, Thomas J rbelis TJU/kmp cc: Zoning Board of Appeals Board of Selectmen BUILDING DEPARTMENT Community Development Division July 27, 2007 Howard P. Speicher, Esq., Davis Malm & D'Agostine P.C. One Boston Place Boston, Massachusetts 02108 Re: Lot 10, Stonecleave Road Dear Attorney Speicher: I have received your letter of July 2, 2007 requesting that I determine the status of Lot 10, Stonecleave Road from the enclosed copies of Essex North Registry of Deeds recorded land transfers and the Definitive Plan of Land of Stonecleave Estates located in North Andover, Massachusetts, approved by the North Andover Planning Board, Plan #7636. The North Andover Zoning Board of Appeals would be the entity for determining if Lot 10 Stonecleave Road may qualify as a "grandfathered" lot or not; the Board should determine whether the enclosed documentation satisfies the requirements of Massachusetts General Laws Chapter 40A, Section 6. Please contact my office if you have any questions. SincereI , Gerald A. Brown, Inspector of Buildings / Zoning Enforcement Officer cc: Zoning Board of Appeals file 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9545 Fax 978.688.9542 Web www.townofnorthandover.com DAGoSTINE PC, A T T O R N E Y S A T L A W July 2, 2007 Gerald Brown, Inspector of Buildings North Andover Building Department 1600 Osgood Street North Andover, MA 01845 Re: Lot 10, Stonecleave Road, North Andover Massachusetts Dear Building Inspector Brown: This office represents Richard Adams, the owner of the property known as Lot 10, Stonecleave Road, North Andover (the "Property"). On behalf of Mr. Adams, we respectfully request that you issue a.determination pursuant to Massachusetts General Laws, chapter 40A, §6, to the effect that the Property is a "grandfathered" building lot that may be built upon notwithstanding the fact that it does not meet present zoning requirements for area and frontage. The Property is a subdivision lot in the Stonecleave Estates subdivision, dating to the mid -1970's. The property is Lot 10 in the subdivision, has 109.69 feet of frontage on Stonecleave Road and contains 43,560 square feet of land. The Property dates to the approval and recording of the plan for the Stonecleave Estates subdivision in 1977. See Plan excerpt, dated March 15, 1977, recorded July 19, 1977, attached hereto as Exhibit A. At the time subdivision was approved and the lot created in the 1977, the Property was in the R-2 residential zoning district, which required 100 feet of frontage and one acre of lot area. Therefore, the Property, with over 100 feet of frontage and just over one acre of area, was a lawful building lot at the time it was created and first deeded out. The Property has not been in common ownership with any adjacent land since 1978, as follows: The Property was first deeded out on July 27, 1977, to Richard Adams, along with the adjoining lots 9 and 11. See Deed from Barco Corporation to Richard Adams, dated July 27, 1977, Book 1314, Page 535, attached hereto as Exhibit B. Howard P. Speicher C. Michael Malm William F. Griffin, Jr. John G. Serino Gary S. Matsko John T. Lynch Carol R. Cohen Howard P. Speicher Paul L. Feldman Gary M. Feldman George A. Hewett Laurence M. Johnson Kenneth J. Mickiewicz Thomas S. Fitzpatrick J. Gavin Cockfield David Rapaport Whitton E. Norris, III Andrew D. Myers Robert J. Galvin John D. Chambliss Thomas Frisardi Marjorie Suisman Samuel B. Moskowitz Charles H. DeBevoise Amy L. Fracassini Robert J. Diettrich Avi M. Lev Ann M. Sobolewski Joshua S. Grossman Neal J. Bingham David M. Cogliano Rebecca L. Andrews Laurie Alexander-Krom Sophie C. Migliazzo Christopher J. Marino Shannon M. Tomai* Harold R. Davis, of Counsel Julian J. D'Agostine of Counsel *Pending admission to the Massachusetts Bar direct 617-589-3829 direct fax 617-305-3129 email hspeicher@davismalm.com ONE BOSTON PLACE • BOSTON • MA • 02108 617-367-2500 fax 617523.6215 \a, Nv w. d a N. i s m a l m. c 0 111 Gerald Brown, Inspector of Buildings July 2, 2007 Page 2 DAGoSTIN E PC, A T T O R N E Y S A T L .A V;/ Mr. Adams deeded Lot 9 to "Richard D. Adams and Jo -Anne Adams, husband and husband and wife, as joint tenants" on February 28, 1978. See deed dated February 28, 1978, Book 1363, Page 735, attached hereto as Exhibit C. Mr. and Mrs. Adams continue to own Lot 9. This conveyance placed Lots 9 and 10 in separate record ownership and thus preserved the separate identity of the two lots in the event of any subsequent zoning change. Mr. Adams deeded Lot 11 to Barco Corporation on October 28, 1977. See deed dated October 28, 1977, Book 1323, Page 629 attached hereto as Exhibit D. The Barco Corporation deeded Lot 11 to James J. Philbin. Lot 11 was sold several times subsequently. The deeds for those transactions are attached hereto as Exhibits E through J. None of those transactions involved Mr. Adams. The land behind the Property has never been in common ownership with the Property. That property was assembled by Harry Love, was sold to Flintlock Realty Trust, and was developed as the Lost Pond Subdivision. The Lost Pond property behind the Property was sold to its present owner in 1996. See attached deeds, Exhibits K through P. Massachusetts General Laws, chapter 40A, §6, para. 4, provides in relevant part as follows: Any increase in area, frontage, width, yard, or depth requirements of a zoning ordinance or by-law shall not apply to a lot for single and two- family residential use which at the time of recording or endorsement, whichever occurs sooner was not held in common ownership with any adjoining land, conformed to then existing requirements and had less than the proposed requirement but at least five thousand square feet of area and fifty feet of frontage. As of the conveyances of Lots 9 and 11 in 1977 and 1978, Lot 10 was no longer held in common ownership with any adjoining lots. No adjoining property has come back into common ownership with Lot 10 at any time since the 1977 and 1978 conveyances, as is demonstrated by the attached exhibits. The ownership of Lot 10 individually by Mr. Adams and of Lot 9 by Mr. Adams and Mrs. Adams is sufficient to establish the separate ownership required by the statute. In the case of Carcofi v. Board of Appeal of Billerica, 22 Mass. App. Ct. 926 (1986), the Massachusetts Appeals Court held under similar circumstances that two adjacent lots, one held by a husband and wife, and the other held in part individually by the husband and in part by the husband and wife jointly, did not merge, and retained their separate status as grandfathered lots for zoning purposes. In the present case, the lots are even more separate, since Lot 10 is owned entirely by Mr. Adams individually, and Lot 9 is owned entirely by Mr. and Mrs. Adams jointly. Gerald Brown, Inspector of Buildings 1LJJ 11 Avis � � 1�YJ1 ALM CY July 2, 2007 Page 3 DAGoSTIN1E PC, A T T O R N E Y S A T L A W I would be pleased to discuss the issues raised in this letter at your convenience. Very truly yours, Howard P. peicher cc: Richard Adams Benjamin C. Osgood, Jr. 446712v.1 Y) n / 7 ��tt,, N \A 0", ti` /i� Z, Y o � Q— Q6 I' I S nn qLl ' /v s � �I y a� I Fx 4 6117- A x (-t ► �3 7- 3 ' C �K1314 l I1ARCO CORTOBASION, a Massachusetts Corporation having the usual plata of business, One Westwood Circla, North Reading, Middlesex y MasatohsetL, Bir4jH*&l4YdSfor the full conatdemtIonof lane than One hundred (6100.00) DollaW great to RICHARD D. ADAMS of Oakland Ave. Methuen, Essex Countyo Massachusetts. with quUttatatraarnatdsthe land In North Andova ro Essex County, Massachusetts being shown an Lots numbsrad.—L� and ille, on plan of land entitled "dAiinitiva Plan ofLand of Stortecleave Estate$ located in North Andover, Haseachu'satts. Scale 1" equals 40'. dated March 13, 1977 revisid Juno 13, 1977." Owner North Andover Associates and Richard and Caorga Adams, Applicants Barco Corporation, Frank C. Colinas and Associates, En Sinatra and Architects, North Andover- Hnme. 01843. Said plan being recorded with the Essex North District Registry of Dead as Plan No. 7636. For a more particular description of said Lots 09. 410 and ill, sae plan above referred to. For a ganeral corporate vote of Barco Corporation Book 113 , •, recorded with Essex North District Registry Of Page 798. In Witness Vhmreof, the said Barco Corporation baa caused its corporate seal to be hereto affixed in theme presents to be signed acknowledged and delivered, in its name and behalf, bF Joseph J. Barbagallo, its President and Treasurer. hereto duly authorized (� dsyof JUP 1077. )?,liii dLFI iic sr 1soYt4dt4i[,Yt vu'{ e Jos ph BarbaA llo, its'residaht sad treasurer, X91.111X411% Barco Corporation \� 317r 0namaamsiilSf of 0asaa41 JuXy !7%� ls77 Eetex, LL Lavroace,.Hass. Joseph J. Barbagallo Thea parmnally appoarod the Abov. sWr d ,,j,d.r}no,.kdaadtheks— nal,uhva,enttobe the fr /d deed. . Barco Co racist � 41///..tit �—ILl. Sharon Anna Santa N."'v�w MycommL,lonesplm Sept. 240 1977 1 27 1977 at 9:W-1, 06917 II Recorded Jv Y ' 'a�-. ::A�..t.+v. y..w:l-s:e.-.e..�.d.roa.-...r.-.. _.�u.k� .._.. .a.._ .. ._ �. ....� 4b'.:!i— �... .. V: .. �:..vr �.TJ%n. k.'.:✓ c x 1-11 /7- B MAaaACMUSa OUITGLAIM Oa[e AMORT FORM (IMOIVIOVAL) 041 I, Richard D. Adams .' 735 E. of North Andover, Essex County, hfassachusctts iaurrrxmxmmds for eonsiderition paid, and in full consideration of one dollar (Sl.00) '• grants to Richard D. Adams and Jo-Anne Adams, husband and wife, as joint tenant„ p of 114 Stonocleve Road, North Andover, with quitrfulm ruuruuuta =) tlalandln North Andover, Essex County, Massaohusstts, being ahovn ea Lot ' ra numbered #9 on plan of land entitled "Dofinitivo Plan.of Land of 1' 9toneoleve ntatee �l r�rl(�"Amc^e—b—m,uof) located in North Andover, !� a Massachusetts, scale 1" oquals 401, dated March 15, 1977 r•ovised June 15, 1977.'" Owner North Andover Associates and Richard and Osorge Adams, } Applieantr Barco Corporation, Frank C. Oelinas and Aesooiates, Enginosrs i and Architects, North Andover, Mass. 01845.. Said plan being recorded s with the Easox North District Registry of Deeds as Plan No. 9636. i.'. For a more particular description of said Lot,#9 see plan a � ., . above referred to. h Being the sama premisesconveyed to the grantor by deed of Barco Corporation; datod July 27, 1977 and recorded with said Registry of Deeds, Book 1314, Page 535 hand and seal, thus .A.adAad..:..«.«.. da of ....F.ghzararr.............. 19..78: iDl2aree« _...- ~._ . ............: .. ..�f� .�i.......:. i d. ............. ........ _.................. « .....«... «.....; ... Richard D. Adams i .. ,.......................................................................................:...,...............:....... .....,.....,..:..... 1 ..................................................................« 1 .,1 >IIhr fdsvuttnnttunitli of$iasadrlltrart2n I �IRichard Essex as. February 2, 19 73 1 f Thai personally appeared the above named D. Adams and u:xnawledged the foregoing Instrument to be hie free act and decd, before ma 4.11. A7. d!ti�Gyi.r.:� ✓f............:.............:. Maur iCal appaport,Na.,rn,Mk�zxs�tncpznx o ' Recorded Feb.20,1979' at 12t15PM (1562 Nr—u„(-sot- June 27., 1 ' �y 0 Richard D of Mothuon, 0M$jftvAQ . 7. -929 for M"M�•o� PK ODA infill U)n4d tL— of SM" IlArdo edrPorat"np' « )!14Vft&cht!msttm Co rp6 haring a USUMI paries of buftDsm in f(drth R*Adln rat'" dUIT- smd gi IfIdelsbox Count vitk qutttbft a cartalb tkrc* . A 0 titled 1.0 land domignated am 1,6 t ofirdtivis Man.ot iam 011116ft'-plan N a of storuic sAvi zotat"k, 1064 -ted In m6rth AhdQvfr# MA4fiAvbua*t4ktv6 Mho" ftqmbh*%N4TN - - June 14 SO -810 V equale 4of, p 29770, Owner m6pth Amdr dated March 13, 1977) rey1mod Applicant, Barco Cdrpaj'at!t0h. ?per Amsoalat6m wW AiChjkrd and O'sorgaiAdamm' prank C.. And Afthitsotg, yorth. Andover, (1l8GhS@1,If3m8 And Ansooistom Engibsorn A116 Tisak-Iforth Distrjet 13&;d 'Plan b@jng..;L-rd6d! vith flefflatry or Nodg.Wplan No. 7636. ? 'A �T, LN co 1, f OF" WFAITI' X. .Y. V-- r %4 4.- 4 q - Icebox k L October 28, Um?&Maly qpme' the amore "M MOtIP414. Adam mod kimoviedri ';hii Ih*men to 1 10A 'd'S?!Y. ii'r'P• � ,'1�.'1•,•:�� •;l ° '}1, .. - �''' .i ' .w.•.«'._ +•i(!.(�.'(,a5�.,.F�'[{.,( 1 " 1 ` 1977 at -314OPM #13,2:Lz - - - - ;1/17? 9'XI-11 617 D :Y.- T L X1-1 1 6 IT L n: tFW BK1336 BARCO CORPORATION 11corporation duly established under the laws of The Commonwealth of Massachusetts laying Its usual place of business at One WESTWOOD CIRCLE, NORTH READING, MIDDLESEX County, Massachusetts, for the full oonsiderstion of of Sixty-four thousand ($64,000.00) pal& grAnts to James J. Philbin, Trustee of Township Realty' Trust, under. a Declaration of Trust dated March, 1, 1976 and recorded with Essex. North District Registry of Deeds Book 1278, Page 115,as amended by instrument recorded with Deeds Book 1291, Page 701 )SpCof 754 Forest Street, North Andover, Essex County, Massachusetts wIthquilclaTm C1Dvrn=L9 the land in NORTH ANDOVER, ESSEX COUNTY, MASSACHUSETTS Being four (4) certain lots of land being numbered 3, 11, 13, and 14 on plan of land entitled " Definitive Plan of Land of Stonecleave. Estateslocatedin North Andover, Massachusetts" dated March 15, 1977 revised June 15, 1977 and recorded with the Essex North District. Registry of Deeds as Plan #7636. Grantor reservesthefee in roadwa)p shown on said plan and grants to Grantee the right to pass and repass and use said.roadways for all purposes that roadways are commonly used in the Town of North Andover, in common with others legally entitled thereto. This conveyance is made subject to all easements and restrictions of record if any, but not intending to renew the same. For a more particular description of Lots 3, 11, 13 and 14 see Plan referred to. Id For title of BARCO CORPORATION see deed of North Andover Associates recorded in the Essex North District Registry of Deeds k 1314, rded n the Page 526 and deed of Richard D. Adams and George Blake i Essex North District Registry of Deeds, Book 1314# Page 530., .7 C5 j A 1 2 1*7 a 7. n: tFW �Kl�b7 I, JAMES J. PHILBIN, Trustee of Township Realty Trust under a i7 i Declaration of Trust dated March 1, 1976 and recorded with Essex North District Registry of Deeds Book 1278, Page 115, as amended by instrument dated October 1, 1976 and recorded with said Deeds Book 1292, Page 701 County, ML"whuselte, North Andover, Essex - for the full eon4derstlon of Ninety Eight Thousand Five Hundred Dollars Pald ($96,500.00) sant to ROBERT L. LUBIN and PAULA A. LUBIN, husband and wife as tenants by the entirety Of Stonecleave Road, North Andover, Essex County, Massachusetts with quifrlaim raaenanis the land InNorth Andover,. Essex County, Commonwealth of Massachusetts, being shown as Lot 11 on a plan of land entitled, "Definitive R:lan of Land of Stonecleave Estates Located in North Andover, Masuachusetts" Owners North Andover Assoc., 14 Kilby St., Boston, MA 02109 i Richard i George Adams 1634 Salem 5t., North_ Andover, MA Applicants Barco Corp. 1 Westwood Circle, North Reading, MA, Scales 1"-401, Dates March 15, 1977, Revised.June 15, 1917, plan recorded with Essex North District Registry of Deeds as Plan No.7636, bounded and described as followat WESTERLY by the sideline of Stonecleave Road, as shown on said plan, 150.00 feetf NORTHWESTERLY by Lot 12, as shown on said plan, 231.09 feetf EASTERLY by land now or formerly of Love, as shown on said plan, on five courses, 67.00 feet, 25.12 feet, 45.69 feet, 47.29 feat and 50.34 feetf and. SOUTHERLY by Lot 10, As shown on said plan, 296.40 feet. Containing 43,560 square feet of land, more or loom according to said plan, ;. Saidpremises are hereby conveyed together with the right to pass and repass and use said Stonecleave Road and the other ways shown on said plan for all pu:-poees for which public ways may be used in the Town of North Andover in common with others entitled- thereto. Said premises are conveyed subject to and with benefit of easement to Lawrence Gas Company recorded with said Deeds Book 685, Page 509 and subject to and with benefit of easement to Eastern Massachusetts Electric Company recorded with said Deeds Book 519, Page 278. Said premises are conveyed subject to and with benefit of thirty (30) foot right of way easement and twenty (20) foot buffer area as shown on said plan. Grantor' reserves for himself, his successors and assigns the fee in the roadways shown on the aforesaid plan. Tor title see deed recorded with said Deeds Book 1336, Page 399. i.''.I•. ,, :,til: ;,� , �„CIIS' . • f i •'y e f „ 3 = r j 1 4— i : $81520' i PAULA A. LUBIN ::. ,,..,..... l of - County, Massachusetts bring rtemarritd, for consideration paid, and in full consideration of 01*1 ie grants to ROBERT L. LUBIN, of 141 Stonecleave Road, North Andover, Essex County, • 4x Massachusetts, all my right, title and interest with ilulirinlm ratrtnantis thclatldin North Andover, Essex County, Commonwealth of Massachusetts, being shown as Lot 11 on a plan of land entitled, "Definitive Plan of Lftnd of Stonecleave Estates �kRxx>�xxst'x�rsrxxxxfxsrxl f: Located in North Andover, Massachusetts" Owner: North Andover Assoc., 14 Kilby St., Boston, MA 02109 & Richard & George Adams 1634 Salem St., North Andover, MA Applicant: Barco Corp. 1 Westwood Circle, North Reading, MA, Scale: 1"=401, Date: March 15, 1977, Revised June 15, 1977, plan recorded with Essex North District Registry of Deeds as Plan No. '1636, bounded and described as follows: WESTERLY by the sideline of Stonecleave Road, as shown on said plan, 150.00 feet; NORTHWESTERLY by Lot 12, as shown on said plan, 231.09 feet; EASTERLY by land now or formerly of Love, as shown on said plan, on five courses, 67.00 feet, 25.12 feet, 45.69 feet, 47.29 feet and 50.34 feet; and SOUTHERLY by Lot 10, as shown on said plan, 296.40 feet. Ln Containing 43,560 square feet of land, more or less according to said plan. Said premises are hereby conveyed together with the right to pass and repass and use said Stonecleave Road and the other ways 'shown on said plan for all purposes for which public ways may be used in the Town of North Andover in common with others entitled vi thereto. V) -q Said premises are conveyed subject to and with benefit of easement to Lawrence Gas Company recorded with said Deeds Book 685, Page 509 and subject to and with benefit Q) of easement to Eastern Massachusetts Electric Company recorded with said Deeds Book 519, Page 278. 3? Said premises are conveyed subject to and with benefit of thirty (30) foot right of way easement and twenty (20) foot buffer area as shown on said plan. o Grantor reserves for himself, his successors and assigns the fee in the roadways shown .2 on the aforesaid plan. r° Being the same premises conveyed to Robert L. Lubin and Paula A. Lubin, the grantor herein, as husband and wife, by deed of James J. Philbin, Trustee of Township Realty ^' Trust dated November 17, 1978, and recorded iri North Essex Registry of .Deeds, Book E 0 1357, Page 175. U tDltuersn .....ray.... hand and seal this..... ot7 to ' dayof..... .m...:......................... 19...a.1.a.. .................... N N............................................... IX Mist Tammonwrrlt4 Of Maeaarftuart2n ID. Essex 1981 w Then personally appeared the above named Paula A. Lubin `and acknowledged the foregoing instrument to be her free act and deed, r m _. ................ ........... Notary Public-XJWy g/C)Pf My commission tapim ('Individual — joint Tenants — Tenants in Common — Tenants by the Entirety.) CHAPTER 193 SEC. 6 AS AMENDED BY CHAPTER 497 OF 1969 Every deed Presented for record shall contain or have endorsed upon It the full name, residence and port office address of the gn,t" and a renal of du amount of dse full consideration thereof In dollen of the nature of the other considcntion therefor, if not delivered for a specific monetary sum. The full consideration shall mean the total price for the eonveysnre ithout deduction for any lieru or encumbrances auumed horn' granlet or remaining thercvn. All such endnrumenb anJ rrriti6 shall be recorded ar part of t Ii dmlr P,a 1,— to cumPly wilt t ds seniors slsall not affect the validity of any dre,l. No register of deeds shall accept a dml fur rrt of tg unless ' it it in compliance with the rnlulremB"s of this acgiun, Recorded July 27,1981 at 12:30PM #7706 ':I e X1—lt 8/T 14 -' -y I, Robert L. Lubin, of North Andover, Massachusetts 01845 in consideration paid of Three Hundred Twenty -6(z Thousand and DWIDO Dollars (S326,000.00 ) grant to Guy Gill aad Daphne GW, husband and wik as tenants bylhe eatleety of 141 Stonocleave Road, North Andover, Massachusetts Di 845 with QUITCLAIM COVENANTS The land in North Andover, Essex Counry, Massachusetts being shown as Lot 1 t on a plan of land entitled "Definitive plan (� of Land of Stonecleave Estates located in North Andover, Massachusetts Owner: North Andover Assoc. 14 Kny.St. Bostoo, jp Ma 02109 & Richard& George Adams, 1634 Salem St., North Andover, Ma Applicant: Barco Corp, I Westwood Circle, North Reading, Ma. Scale: 1 =40', Dau March 15, 1977 Revised June 15, 1977, Plan recorded with-Fmex North District Registry of Deeds as Plan No. 7636, bounded and described as follows: Westerly by the sideline of bionecleave Road, as shown on said plan 150.00 feet; :�._;•:a w MR Y 27. Northwesterly by Lot 12$s shown on said pian, 231.09 feet; '98 F-,43:03 Easterly by land now or Tormerly of Love, as showa on said plan, on five courses, 67.00 -feet, 25.12 feet, - - 45.69 feet, 47.29 feet and 50.34 feet; and J Southerly by Lot 10, as shown on said plan, 296.40 feet. Subject tomd with the beaeft of easements, restrictions, covenants, conditions and takings of record, insofar as the same are now in force and applicabie. (0 Being the same premises conveyed to me by deed of Paul A. Lubin dated July -27,1991 recorded with Essex North District Registry of Deeds in Book 1520, Page 324. I • • Exe a sealed instrument this 21st day of May, 1998. ,: •• ,; til -r� .s .-• s z I � , o 4 ! I J 1, Robert L. Lubin -� Commonwealth of Massachusetts, Essex ss: On this 21st day of y; 1998, before a personally a dRobert L. Lubin to me a forgoing in ant, and acknowledged that helshehhey known to be the person(s) descri a7/uts,-4arch '- •'.:.':�?.a executed the same as his/her/their at ac::.... �`'`3tIs an —Notary Public My Commissi 22, 2002 : �E7GI/ilJ 7 • � � �iG C. 3 - r SIF _ 1L 9, 01966 • 1997 SL2"2r6 Solution&, Inc. j7a1u24-0660 prI—d* rho May 21. 1998 8y SCUur KS6 paw i ,s XFI1 9,/1 1 - BK 6341 PG a DEED We, Guy Gill and Daphne Gill of Andover, Essex County, Massachusetts; For consideration paid of Four Hundred Forty Seven Thousand Seven Hundred and Fifty ($447,750.00) Dollars; 4 64 is i t. Grants to Scott Paulus and Vanda Paulus, Husband and Wife, as Tenants by the Entirety, of 141 Stonecleave Road, North Andover, Essex County, Massachusetts; With Quitclaim Covenants The land in North Andover, Essex County, Massachusetts being shown as Lot 11 on a plan of land entitled "Definitive Plan of Land of Stonecleave Estates located in North Andover, Massachusetts Owner: North Andover Assoc. 14 Kilby St., Boston, MA 02109 & Richard Adams, 1634 Salem St., North Andover, MA Applicant: Barco Corp., 1 Westwood Circle, North Reading, MA Scale: 1" = 40', Date March 15, 1977, Plan recorded with Essex North District �. Registry of Deeds as Plan No. 7636, bounded and described as follows: G7 Westerly by the sideline of Stonecleave Road, as shown on said plan, 150.00 feet; Northwesterly by Lot 12 as shown on said plan, 231.09 feet; Easterly by land now or formerly of Love, as shown on said plan, on five courses, 67.00 feet, 25.12 feet, 45.69 feet, 47.29 feet and 50.34 feet; and Southerly by Lot 10, as shown on said plan, 296.40 feet. R!Cv'a:t Subject to and with the benefit of easements, restrictions, covenants, conditions and takings of record, insofar as the same are now in force and applicable. For title see Deed of Robert L. Lubin dated May 21, 1998 at Book 5064, Page 88. Olz_� Guy Gi Daphne Gill 0 FL A I L1 CANCELLEV, K . I.•,.i %J IN t ifl 'J in ,,4 K ,. ::I (il 'ii �u 0 FL A tXHIb(T BK 6341 PG 65 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS AUGUST a3 2001 Then personally appeared Guy Gill, known to me or satisfactorily proven to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as his/her free act and deed for the purposes and considerations therein express, before me i I i Notary Public My Commission Expires: COMMONWEALTH OF MASSACHUSETTS ESSEX, SS , AUGUST a 12001 Then personally appeared Daphne Gill, known to me or satisfactorily proven to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as his/her free act and deed for the purposes and considerations therein express, before me Notary Public My Commission Expires: -2-6,6 Vz A,l f�R 91-1 bz X H I J3 I E's K 948`5 PG 124 QUITCLAIM DEED We, Scott Paulus and Vonda Paulus of North Andover, Essex County, Massachusetts for consideration paid in the amount of Five Hundred Sixty -Five Thousand and 00/100 ($565,000.00) Dollars grant to SILVI,�k c.A61roo Al�,,A CYI-VIA M of 141 Stonecleave Road, No. Andover, Essex County, MA with quitclaim covenants SAES O./ ) "V b i Via VAt L') The land in. North Andover, Essex County, Massachusetts, being shown as Lot 11.on a plan of land entitled "Definitive Plan of Land of Stonecleave Estates located in North Andovw� Massachusetts, Owner: North Andover Assoc. 14 Kilby Street, Boston, MA 02109 & Cn Richard Adams, 1634 Salem St., North Andover, MA Applicant: Barco Corp., 1 Wes Circle, North Reading, MA Scale I"=40', Date March 15s 1977, Plan recorded with E North District Registry of Deeds as Plan No. 7636, bounded and described as follows: -0 Westerly by the sideline of Stonecleave Road, as shown on said plan, 150.00 feet; 7i Northwesterly by Lot 12 as shown on said plan, 231.09 feet; rn CD Easterly by land now or formerly of Love, as shown on said plan, on five courses, 67.00 feet, 25.12 feet, 45.69 feet, 47.29 feet and 50.34 feet; and Southerly by Lot 10, as shown on said plan, 296.40 feet. Subject to and with the benefit of easements, restrictions, covenants, conditions and takings of record, insofar as the same are now in force and applicable. & co For title see deed dated May 21, 1998 recorded at the Essex North District Registry of Deeds Book 6341, Page 64. Venda Paulus is listed incorrectly as Vanda Paulus on said deed. LAW ODES Of PETER T. DAMORE, JR., P.C. P-79 CAMBRIDGE ST. 4 9485 PG 125 WITNESS our hands and seals this 1Y.,�day of April, 2005 eott Paulus Vondsa Paulus COMMONWEALTH OF MASSACHUSETTS On this D-day of April, 2005„ before me, the undersigned notary public personally appeared Scott Paulus and Vonda Paulus, proved to me through satisfactory evidence of identification, which was a drivers' licenses to be the persons whose names are signed on the preceding document and acknowledged to me that they signed it voluntarily for its stated purpose. { ® �` °tib � b w 41 Rq r3 IF; p� ey, 7r., Notary Fublic iss" n Expires: 5/27/05 CG ��Q•'17 K� i FEE %217G.4r CA.SjP d-6 a •c -k E d.. F. . ` r Y � %i^Y i'T+71r. .� `�a. y. • ti #+ � - 'S �. f �y d. �� YSi- t� F �.. 1 I 5230 3H1251. -- I KNOW ALL MEN BY THESE PRESENTS, that North Andover Associates', a limited part- nership duly formed and existing undar Chapter 109, Massachusetts General Lave, with a principal place of business at the offices of Land/Vest Properties, Inc., 14 Kilby Street, Boston, Suffolk County, Maannchueotts, for consideration of --Fifteen Thousand and 00/100 ($15,000,00) ---------Dollars paid, grants to Hare}! -M. P_ Love and Martha A.LLove . husband and wife, both of 1xuxford Strcet, North Andover, Essex County, Massachusetts, as tenant® by the rntirrty with QUITCLIAH COVENANTS A certain parcel of land situated in North Andover, Essex County, and being shown on a "Plan of Lly in.Nor h / do)r.rr, Owned bytNorth ,j�n0ovSr Acso i,atea Scale 1"a B0', 0 loLL�l'1'; �19�•il, 11,]yl i'��EP:q Lnc riti�rliC?!1 MCjeo�'c', `T�� s'fl�"�s'a parcel being more particularly bounded and described as followsr Beginnin'1 at a drill hole on the Northerly -point of said land on the Easterly line of property belonging to the grantees named hereth; thence turning South 55' 46' 10" West, 95.00 feet; thence turning South 64' 00' 00' West, 349.00 feetj thence turning South 40' 25' 00" West, 175.00 feotl- thence turning South 01' 45' 00" West, 218.00 foot; thence turning South 37' 22' 09" 1 Eant, 103.00 fectl thence turning South 01' 20' 31" West to a concrete bound, 110.00 feetl thence turning South 63' 33' 52" East to another concrete bound, 443.11 foot; thence turninq South 03' 15' 37" West, 139.88 feet; thence turning North 87' Si' 54" West to a drill hole, 190.22 feet; thence turning South 05' 01' 16" West to another drill holo, 127.75 feet; thence turning South 76' 29' 06" West to anather drill holo, 101.19 feet; thence turning South G8' 40' 16" Weut to another drill hole, 59.OG feet; thence turning South 34' 50' 51" East, 47.05 fact; thoncn turning South 42' 15' 52" East, 45.61 feet) thence turning South 36' 19' 23" Eant, 1511,93 fuotl thence turninq South 33' 39' 30" Fant, 90.51 feet; thence turning South 41' 37' 29" Fast, 135.24 foot; thnnco turning South 36' 03' 011" I:ant,. 23.26 foot; thoncn turning South 35' 51' 32" Eant, 36.05 foot; thnnco turning South 32' 24' 33" East, 74.75 fontr thenco turning South 24' 25' 10" Eant, 144.66 foctl thence turning South JG' 19' 2U" Cant, 53.12 foutl thence"turning South 2U' 51' 29" East, 96.60 foot; thence turninq South JO' 44' 37" Eant, 40.43 feet; thence turning South 35' 07' 50" East, 49.12 feet; thence turning South 23' 50' 12" East, 26.07 feet; thence turning South 67' 56' 40" West; 5.58 feet; thence turning South 42' 27' 50" West, 142.55 feet; and thence turning South 38' 03' 44" West, 97,02 feet to the drill hole at the point of beginning. Said parcel containing 10.278 acres, more or less, all according to said Plan. Being a portion of, the same premises conveyed to the grantor herein by deed of Pnbert Lewis Teel and Marjorie R. Teel dated July 16, 1970 and recorded in North District Essex Registry of Deeds Book 1156, Page 163, 'I14 WITNESS W1IUREOP, the said NORTH ANDOVER ASSOCIATES nae caused these ' presents to be signed and scaled in its name and behalf by C- uA3In.v'!r, Ate. d"'f! of Land/Vest Properties, Inc., a corporation duly organized and existing under the laws of the Commonwealth of Massachusetts, with a principal place of busi- ness in Boston, Suffolk County, Massachusetts, and the sole General Partner of said NORTH ANDOVER ASSOCIATES, hereunto duly authorized, thin .70 ddy-of OCTOBER 1974. p c, Witness -i- -- LAND/VEST PIOPF.RTIES,';- fp i C"t�t.i 1 )'Q�f t By CO KOIPn'EALTM OF MASSACHUSETTS Than personally appeared the above named G. W, U711A,71 A? of said Land/Veat Properties, Inc„ as aforesaid, and acknowl,orlgod-thqfa going to be the free act and dead of 0;1 r ort' r IKO.,"bafore,taa, ;Notary, PU 1 =0 My Commission Txpireel 4L Recorded Nov.8,1974 at 4:20PM #8561 0 4 '274 Su Pd AM A 77`f� QUITCLAIM DEED NORTH ANDOVER ASSOCIATES, a limited partnership duly formed and existing under Chapter 109, Massachusetts General Laws, for consideration paid in the amount of Seventeen Thousand Five Hundred and XX/100 ($17,500.00) Dollars grants to Dr, Harry M. P. and artba A. _T 070 - bnth_, (A�ls,,d nNdw,f� Love/of 402 Boxford Street, North Andover, Essex County, as joint tenants Massachusetts/ with QUITCLAIM covenants, all of its right, title and interest in and to the premises situated in North Andover, Essex County, Massachusetts, as shown on plan of land entitled "Plan of Land in North Andover, Massachusetts, prepared for North Andover Associates, dated October 24, 1977, Frank C. Celinas & Associates, Engineers and Architects" to be recorded herewith and said premises are more particularly bounded and described as follows; . Beginning at a point at the northeasterly corner of the granted premises the land now or formerly of Love and a forty (40) foot right of way as shown on said plan; thence running S 570 21' 05" W thirty-two and 73/100 (32.73) feet along said right of wa7 to a Point; thence turning and running S 840 38' 25' W one hundred thirty-two and 56/100 (132.56) feet by saidrightof way to a point; thence turning and running N 48 0a' 04" W sixty-seven and 42/100 (67.42) feet by saidoright of way to a point; thence turning and running 45" W three N 60 23' hundred sixty-eighC and 71/100 (368.71) feet by land now or formerly of North Andover Associates to a point at a right of way as shown on said plan; thence turning and running S 40 50' 14" W one hundred twenty-two and 74/100 (122.74) feet by saidrightof way to a point- thence turning and running S 85 09' 46" W fifty (50.00) feet by said right of way to a point at a stone wall at land now or formerly of New England Power Co,, Inc, as shown on said plan; thence turning and running S 40 50' 14" W seventy-six and 34/100 (76.34) along said stone wall to a point; thence running along said stone wall S 6° 43' 17" W sixty-five and 17/100 (65.17) feet to a point; thence running along said stone wall S 1L° 56' 56" W one hundred seventy-three and 65/100 (173.65) feet to -a corner in said stone wall. thence turning and running along said stone wall S 37° 12' 46" E one hundred and.50/100 (100.50) feet to a corner in said stone wall; thence turning and running along said stone wall S 90 21' 54" E twelve and said Ostone wallfSe7oto a point thence continuing along (24.88) feet to a c 3 ' 100 15" W twenty-four and 88 7/orner in said stone wall; thence turning and running along said stone wall S 350 34' 29" W forty (40.00) feet to a corner in said stone wall at lard now or formerly of Barco Inc, as shown on said plan; thence turning and running S 850 10' 58" E one hundred (100,00) feet by said Barco Land to a point, thence I ra A 1 BR1328 2'73 turning and running S 440 28' 40" B two hundred seventy- five and XX/100 (275.00) feet by said Barco Land to a point; thence turning and running S 81 10' 06" E three hundred eighty and XX/100 (380.00) feet by said Barco Land to a point at land now or formerly of Love; thence turning and running N 60 04' 29" E two hundred six and XX/100 (206.00) feet by said Lgve Lund to a point; thence turning and running N 1 28' 22" W three hundred ninety-one and 71/100 (391.71) feet by said Love Land to a point; thence turning and running N 340 22' 09" W ten (10.00) feet by said Love Land to the point of beginning. Containing nine and 30/100 (9.30) acres more or leas according to said plan. Meaning and intending to convey and hereby conveying the,lot of land designated as nine and 30/100 (9.30) acres more or leas on the aforesaid plan. The granted premises are conveyed together with and subject to rights, easements, reservations, covenants, restrictions, agreements and encumbrances of record, insofar as the same are still in force and applicable. This conveyance is made together with the right to pass and. repass over a forty (40) foot right of way at the northeasterly corner of the granted premises as shown on the aforesaid plan. The grantor reserves to itself, its successors and assigns, the flowage rights in the pond on the granted premises to the one hundred twenty (120) foot contour line. on a plan entitled:'Tvvppoo�a phical Plan of Lid in North Andover, Mass, for LsnMst Inc., Boston, NA,April 970'.' The grantor further reserves to itself, its successors and assigns, a five year option to repurchase twenty-five (25) feet of the most northerly boundary of the granted premises as shown on the aforesaid plan from the grantee•, his successors or assigns, at a price to be agreed upon at the time of the purchase. The grantor shall exercise said option by notifying the grantee by certified mail, return receipt requested, of its desire to so exercise said option in which case a deed shall be delivered and the option price paid within ten (10) days from the date of the grantor's notice of its election to so exercise its option. Said deed shall be a quitclaim deed conveying a good and clear, marketable title to the option. premises. 14 i J R, 15,KHI 130T �- 2'G.61 • -3- For the grantor's title see deed of Robert Lewis Teel and Marjorie R. Teel to the grantor dated July 16, 1970, and recorded with said deeds in Book 1156, Page 163. For the authority of Richard F. Perkins see Certificate of Vote dated March 15, 1977, recorded with said Deeds in Book 1305, Page 762. IN WITNESS WHEREOF the said NORTH ANDOVER ASSOCIATES has caused these presents to be signed and sealed in its name and behalf by Richard F. Perkins, President Land/Vest Properties, Inc., a corporation duly organized and existing under the laws of the CommonweLlth of Massachusetts with a principal office in Boston, Suffolk County, Massachusetts, and the sole General Partner of -.said North Andover Associates, hereunto duly authorized. -this 2 day of I�E�/►��3F� 1977. •- _.._ ------ _ _ _--------- --- -- _ NORTH ANDOVER ASSOCIATES, by Land/Vest Properties, Inc., its sole general partner COMMONWEALTH OF MASSACHUSETTS S�flelk as. zl,Ek&p 12, 1977 Then personally appeared the atfove named President of said Land/Vest Properties, Inc., as aforesaid, and acknowledged the foregoing instrument to be the free act and deed of said Land/Vest Properties, Inc, and •of aaid North Andover Associates, before me, Notary Yublic ', dry' .��• •',` 1'C�dQI/1/isla'nC'X��®os: - _ k5U� IRecorded Deo,22e1gT"i at 125PM 013358 r�la�B<i M I, %1ICHALL JAMES GORIi ,l of Forth Andover, Essex County, Nlassachusetts in consideration of Less than oac hundred ($100. 00) dollars paid grant to harry H.P. Love and Martha A. Love, Trustees of the Love Realty 'Crust, U/D/T, December 30, 1982, recorded Essex North District Re;istry of Deeds of 4S1 Andover Street, North Andover, Hassachusettsj hn Book lb35, Page 265 with 9uitrtaitn tnuenanis the land iky situated in North Andover with the buildings thereon, if any shown as Lot 16C on a plan of land entitled "Plan of land located ill North Andover, Massachusetts, prepared for Charles E. Rooney. Scale I" = 40', April 2S, 1953, Richard F. Kaminsky and Associates, Inc." Said plan is recorded in the Essex North District Registry of Deeds as Plan No. 9160. For a morc particular description of said lot 16C see plan referred to. The grantee shall have tho write to use in common with others lawfullll entitled thereto said Duncan Drive for all purposes which public ways are coutmoniy used in the Town of North Andover, Commonwealth of ;Massachusetts. Subject to and together with the benefit of all agreements, easements covenants and restrictions of record insofar as the same may be now in force and applicable. For my title, see the deeds of Charles E. and Dorothy E. Rooney and Harry M.P. Love and Martha A. Love, Trustees, recorded herewith. Property address: Lot 16C Duncan Drive, North Andover, Massachusetts Executed as a scaled instrument this 24th Y j y of June/ 14 83 MICIiAELr fLS GORIIA1,1 Ze (1Tantmonh;enitE of ���ttssucEiusetts Essex ss. June 24, 19 83 Then personally appeared the above namcdNlichael James Gorham and acknowledged the foregoing instrument to be h15 frza and decd 1 / I Before me, / ��� omenlc J. Scalise NO—I, Public My commission expires March 2, 19 84 Recorded ,lune 24,1983 at 9:47AM #9811 f 4 Y H t a a Ao) - _. - .. ._..---� BB1228 O CACMWWTV ourTCL.VM D[ru IM0IVIDUAL (LONG FOAMI eta tea- Thomas P- Shann m&Virginia E.,Shann, huaband and wife, both of '717 a& Horth Andover, Esa,ax County, Mayachureaa bring 0- rigid, for considersrion paid, and in full consideration of ----------------- ------------- -------Seventy-Tao Thousand and 00/100 / (572,000.00) ------ —_--______-_---_-Dollars gne Herz M� i! Love and Marthm A. Lone husband and wife, as tenants by the e entire both o(� �o'ii ar'ireat, North Andover, Essex county, Massachusetts . fx with qu((rla(m fenrnards 9>�oaacedaa (Dexription end enrwnbr,ncn, i! enr) A certain parcel of land being shown on a 'Plan of Land in North Andover, owned by North Andover Associates, March 31, 1971, Hayea Engineering, Inc., 828 Lynn Fells Parkway, Melrose, Kass.', being recorded in North Essex.Reg- istry of Deeds as Plan No. 6413, and being more particularly bounded and described as follows: Beginning at a get concrete bound at the Southerly point of said propertyl thence turning and running Northerly in several courses along the distance of a fence - 561.61 feet to a Eet concrete bounds thence further Northerly 256,00 feet, 395.00 feet, 105.00 feet, 245.00 feet, 198.00 feet, 348,00 feet, 458.00 feet, to Foster Street: thence turning and running Easterly along a stone wall parallel to Foster Street and a private way, and crossing an existing dirt road as shown on said plan, 200.00 £eetn thence turning generally Southerly in several courses, partially by a stone wall, 103.03 feet, 12.5 feet, 242.00 feet, 95.00 feet, 349.00 feet, 175.00 feet, 218.00 feet, 103.00 fest, 110.00 feet, to A concrete bound) thence turning at an angle as shown on said plan and running Easterly again 443.11 feet to a set concrete bounds then turning at an angle as shown oe said plan and running Southerly 764.09 feet to a set drill hole) then turning at an angle as shown on said plan and running Southwesterly - 284.48 feet to the point of beginning. Containing 8.822 acres more or less. All of the above bounds being described as more or leas, subject to and with tF,a benefit of rights of way as appear on said plan and as may be otherwise in force and applicable. The grantors, their successors or assigns, warrant to the grantees, their here, administrators$ executors, successors and assigns, the permanent right of ingress and egress over the right of way shown on said plan as running from Boxford Street to the granted premises, and the grantors further agree, for themselves and their successors and assigns, that they will warrant arra defend said right of ingress and egress to the said grantees, their heirs, administratore, executors, successors and assigns, forever against the lawful claims and demands of all persons, at said grantors, their successors or assigns, sole coat and expense. Except that said covenant to warrant and defend said right of ingress and egress to the said grantees shall automatically terminate in the event of construction of a road from Foster Street as to which the grantees shall have a right to use all as act forth in a deed recorded in the North Essex Registry of Deeds, Book 1211, Page 626. Subject to the reservations and agreements, and together with the benefit of the right of way, conditions, agreements and rights therein referred, all of which are ogre clearly set forth in a deed recorded 1n said Registry of Deeds, Book 1211, Page 626. Being the came premises conveyed to the grantors herein by dead of North Andover Associates, recorded in North Essex Registry of Deeds, Book 1211, Page 626. •' CON.MON9lEf.! ill OF fAASSACNU'!TTS ]1li11fi� E-,,,cI r 1 IXN161r N DEED 225 Barco Corporation a Massachusetts corporation having a usual place of business at 1 Westwood Circle, North Reading, Middlesex ` County, Massachusetts for consideration paid and in full consideration of less than One Hundred ($100.00) Dollars irj:rr."sc rgrants to HarryjI Love, of North Andp_ver, Essex County , Massachusetts the land situit--R in North Andover, Essex County,—T, M husetts ird designated as Lot No. 20 on Plan of Land entitled " Definitive Plan of Land of Stonecleave Estates 11 located North Andover, Essex County, Massachusetts, owner and pplicant Barco Corporation, Scale 1" equals 40' dated March 9, 1979 revised June 15, 1979 and June 20, 1980, September 5, 1980" Frank C. Gelinas & Associates, Engineers and Architects and said I b P an etng recorded with Essex North Registry of Deeds as Plan No. 8525. For more particular description of said Lot 20 see plan referred to. Lot 20 is not a building lot and it is understood that said Lot 20 shall merge with ether land owned by the Grantee. Signed as a sealed instrument this 3o day of June, 1984, 'Barco Corporation by Joseph J. Barbagal-1-o.-__ 1-4 osep ar aga o c �nn'ytr }' STATE OF NEW HAMPSHIRE �n��'< ` ROCKINGHAM, SS. -24 •�y Then personally appeared Joseph J. Barba al Pre an and "Treasurer and acknowledged the foregoing ins u ent to be th free ace and deed of Barco Corporat' bCC�� or� e My Commi sionlxpires : laay 1, ,1„11 • ,•I. Recorded Sept.28,1984 at 1:41I"J x{18796 VM A WE, HARRY M.P. LOVE AND MARTHA A. LOVE, Trustees of the Love Realty Trust, U/D/T, date December 30, 1982, recorded with Essex North District Registry of Deeds at Book 1635, Page 265 v - of North Andover, Essex County, Massachusetts in consideration of less than $100.00 y grant to Martha A. Love of 785 Palmer Road, Mill Spring, North Carolina �z with quitclaim covenants the land situated in North Andover with the buildings thereon, if any, shown as Lot 16C on a plan of land entitled "Plan of land located in North Andover, Massachusetts, prepared for Charles E. Tv Rooney. Scale 1" = 40', April 25, 1983, Richard F. Kaminsky and a Associates, Inc." Said plan is recorded in the Essex North >, District Registry of Deeds as Plan No. 9160. i, `n. For a more particular description of said lot 16C see plan referred to. The grantee shall have the right to use in common with others lawfully entitled tner-eto said Duncan Drive for all purposes which public ways are commonly used in the Town of North Andover, Commonwealth of Massachusetts. Subject to and together with the benefit of all agreements, easements, covenants and restrictions of record insofar as the same may be now in force and applicable. For our title, see the deed of Michael James Gorham recorded at Essex North District Registry of Deeds, Book 1686, Page 79. Executed as a sealed instrument this th day ZzLr�- 19 1?5 ..L HAKP,Y M. LOVE MARTHA A. LOVE The es. NOTRRy p1�bk<- C`k- OF &for r\ Aral ra 95 Swn� a Then personally appeared the above named Harry M.P. Love and Martha A. Love Trustees aforesaid and acknowledged the foregoing instrument to be their free act and deed, Before me, L X H I e, eT p ` i t `' a �` I, ,daztr.� .A. ` Love I m i of 7851 Palmer, Road, Mill Spring, Polk County, mmmoftmm 1 j North Carolina in coast tion of Threehtjr�red twaaty one ttaousaM and 00/100 II I 1 c grant to Howard J. tbK6W land Joyca/t; Ka , husband and wife, as tenants by the entirety ofBoxford Street North Andover, MA with�t t�eett�� the land I SEE RIDER "I" FOR A MORE PARTICULAR DESCRIPTION Faautod1w a aosW 0, 1' - Lu CZ, sr cr cc Z 14 Ell, •s:r. r2�y day of January 19 96 MarTM A. STAIR OF LMh POLK ; *L i JANUARY Z 9� I9 96 T1 . panonaily gpptmrad the above named I �1 I Martha. A. Love i i her and aU�e�wbcdsed the frnegoiaa �jnatruoxat to be free act tad deed./ C �D Bgfore mc. ! l a �w . i A Pt�bl jmtH" of At PO&V My Oom=im ion CXpM ! 2 - 2 19 9 g I I 0 -?(H 1 g 1T r5, 4 nrl Prd c? The land situated in North Andover, Essex County, Massachusetts with the buildings and improvements thereon shown as Lot 14 on a plan of land entitled "Planned Residential Development, 'Lost Pond,' Flintlock, Incorporated, P.O. Box 531, North Andover, Mass 0184511, Thomas E. Neve Associates, Inc., Engineers, Surveyors, Land Use Planners, 447 Old Boston Road, U.S. Route 1, Topsfield, Massachusetts 01983, Job No. 1276, Rev. 5/5/95, said plan recorded with the Essex North District Registry of Deeds as Plan No. 12610 and to which said plan and the record thereof reference is hereby made for a more particular description of said Lot 14_. Also hereby conveying to the Grantee the right to pass and repass over an existing right of way as shown on said Plan 12610 and on Plans 7742, 6413 and 7133 all as recorded with said Registry of Deeds. Subject to the rights of others to pass and repass over that area of Lot 14 confined and delineated as an 8' Wide Non - Motorized Recreational Easement on said Plan 12610 and as recorded at said Registry of Deeds in Book 4272, Page 30. Also subject to a utility easement confined to the area delineated as 20' Wide Utility Easement on said Plan 12610 and as recorded at said Registry of Deeds in Book 4272, Page 30. Also subject to the conditions as shown on said Plan 12610 and all agreements, easements, covenants and restrictions of record insofar as the same may be now in force and applicable. Also subject to a Restrictive Covenant dated January 11, 1996 and recorded in Book 4419, Page 47. The Grantee hereby agrees to pay and assume the real estate taxes for the tax period beginning July 1,1996. For title of Grantor see deed from Harry M. P. Love and Martha A. Love dated August 24, 1989 recorded with said Registry of Deeds in Book 2989,_pane 6?., and deed from Harry M. P. Love and Martha A. Love, Trustees of the Love Realty Trust dated June 2, 1995 and recorded with said Registry of Deeds at Book a272� Page 27. rxH1AI P LcN,, A fly 171,1 Cc) rxH1AI P LcN,, Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( ) REQUIREMENT. MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, Date 8/24/2007 Page t of This certifies that the names appearing on the records of the Assessors Office as of _1,fwA l 3d o 7 Certified by: Date abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city of town" Subiect Property: MAP PARCEL Name Address 104.8 137 Richard Adams 114 Stonecleave Road North Andover, MA 01845 Abutters Properties Map Parcel Name Address 104.8 56 Howard McKew --4'02 Boxford Street North Andover, MA 01845 104.6 124 Christopher Litster v -e2 Stonecleave Road North Andover, MA 01845 104.6 125 Michael Papell 1-e Stonecleave Road North Andover, MA 01845 104.8 126 John Dise l _186 Stonecleave Road North Andover, MA 01845 104.6 127 John Grant K48 Stonecleave Road North Andover, MA 01845 104.6 128 Stanton Boothby X62 Stonecleave Road North Andover, MA' 01845 104.6 134 William Stadler L1 3 Stonecleave Road North Andover, MA 01845 104.6 135 —Brian Vogel t>51 Stonecleave Road North Andover, MA 01845 104.6 136 -Sylvia Sasso _ _ VAi Stonecleave Road North Andover, MA 01845 104.6 138' Richard Adams 114'Stonecleave Goad North Andover, MA 01845 104.6 139 George Blake Adams X634 Salem Street North Andover, MA 01845 104.8 174 Gary Wieman L,08 Duncan Drive North Andover, MA 01845 Date 8/24/2007 Page t of This certifies that the names appearing on the records of the Assessors Office as of _1,fwA l 3d o 7 Certified by: Date Property Record Card PARCEL ID:210/104.B-0137-0000.0 MAP:1043 BLOCK:0137 LOT:0000.0 PARCEL ADDRESS: STONECLEAVE ROAD PARCEL INFORMATION Use -Code: 130 Tax Class: T Sale Price: 0 Book. 01314 Road Type: T Inspect Date: Sale Date: 12131/1976 Page: 0535 Rd Condition: P Meas Date: 05/01/2006 Owner: Tot Fin Area: 0 'Sale Type: Cert/Doc:" Traffic: " M Entrance: ADAMS, RICHARD D Tot Land Area: 1 Sale Valid: N Water: Collect Id: SGC Address:- - Grantor: Sewer: "n InspectReas 114 STONECLEAVE ROAD NORTH ANDOVER MA 01845 Exempt -B/L% 010 Resid-B/L% 100/100 Comm-B/LOM Indust -B/L% 010 Open Sp -B/L% 010 LAND INFORMATION NBHD CODE: 7 NBHD CLASS: 7 ZONE: R1 Seg Type Code Method Sq -Ft Acres.. Influ-Y/N Value Class 1 P 130 S 43560 1 212,877 VALUATION INFORMATION Current Total: 212,900 Bldg: 0 Land: 212,900 MktLnd: 212,900 Prior Total: 193,700 Bldg: 0 Land: 193,700 MktLnd: 193,700 SKETCH PHOTO Nowi P41"icture-mP A v a 1111i, ar-A b t le Parcel ID: 210/104.13-0137-0000.0 as of 10/10/07 Page 1 of 1 Property Record Card PARCEL ID:210/104.8-0139.0000.0 MAP:104.13 BLOCK:0139 LOT:0000.0 PARCEL ADDRESS: STONECLEAVE ROAD PARCEL INFORMATION f]i...... 1;:.:::Sale li ce::. ...... Scx7tc .::...13 :. 2© t. ..: : . IrtspetDate . L@. ... >FA..> :.:::: Tax Class T Sale Date 03/1811995 Page: 0297 Rd Condition P Meas Date Owner: 601 Cot Area ::: 0 Sale TY:: ;:: tlLTac: irai M:::::::::::.:::1ntrance......: ADAMS, GEORGE BLAKE Tot Land Area. 13.31 Sale Valid: :..:..:... : F PHOTO ........ Water: Collect Id: BARBARA J ADAMS grantor, AIJAiVI&, GE4RQE B.RKt* Sewal . . ............. nspect: &OS :::.:..:::::::::. Address: ... ..... . . 1634 SALEM STREET Exempt -B/L% 0/0 Resid-B/L% 010 Comm-B/U90/100 Indust -B/L% 010 Open Sp -B/L% 0/0 NORTH ANDOVER MA 01845 Parcel ID: 210/104.13-0139-0000.0 as of 10/10/07 Page 1 of 1 LAND INFORMATION NBHD CODE: 7 NBHD CLASS: 7 ZONE: R1 . L@. ... >FA..> :.:::: .. 1 130 ...:::. 1 212,877 2 R 130 A 12.31 98,480 3 R 601 V 13.31 F VALUATION INFORMATION Current Total: 7,000 Bldg: 0 Land: 7,000 MktLnd: 311,400 Prior Total: 7,000 Bldg: 0 Land: 7,000 MktLnd: 251,500 SKETCH PHOTO .............................._ AV I .1Le .. ............ ...... Parcel ID: 210/104.13-0139-0000.0 as of 10/10/07 Page 1 of 1 Residential Property Record Card PARCEL ID:2101104.B-0056.0000.0 MAP:104.13 BLOCK:0056 LOT:0000.0 PARCEL ADDRESS:402 BOXFORD STREET PARCEL INFORMATION S lse ode 101 :. Se1 1 rtEe : 321,E Hopk 1y4 29 RAad Type................ ... F - it petit lr3afe ?Jf1812 f02 A A 50///50 Tax Class: T Sale Date 61/30/1996 Page 0056 Rd Condition P Meas Date 12%08/2002 Owner: 3516 Tot I :Atea:: 5118 Sale TY �. p . erE/I?oc Traf ::......: M 1:r�trartce C MC KEW, HOWARD J 63,000 Tot Land Area 12 54 Sale Valid .... Y Water Total: 669,000 Collect Id RRC JOYCE C MC KEW MktLnd: 300,100 Prior Total: 569,500 Grantox,; I�OV ,MAR.... ; Sewer, :: MktLnd: 236,300 Cr spBcta eas,;', :. C Address: .:::.;:..... .......:.: ....... . 402 BOXFORD STREET Exempt -B/L% 0/0 Resid-B/L% 100/100 Comm-B/LOCO Indust-B/L%o 0/0 Open Sp -B/L% 0/0 NORTH ANDOVER MA 01845 RESIDENCE INFORMATION 2 Bedrooms: Aft Gar SF: Porch Type Porch Area E 80 P 240 SKETCH Porch Grade Factor LAND INFORMATION NBHD CODE: 5 NBHD CLASS: 5 ZONE: R1 P 101 S 43560 1 207,78 R 101 A 11.54 92,320 DETACHED STRUCTURE INFORMATION B1 S 1680 1988 A A 50///50 17,600 G1 S 1144 1988 A A 50///50 14,600 SE C 80 1988 A A N/89 200 B1 S 3516 1988 A A 50///50 36,900 B1 S 6000 1988 A A 50///50 63,000 VALUATION INFORMATION Current Total: 669,000 Bldg: 368,900 Land: 300,100 MktLnd: 300,100 Prior Total: 569,500 Bldg: 333,200 Land: 236,300 MktLnd: 236,300 PHOTO Parcel ID: 210/104.&0056-0000.0 as of 10/10/07 Page 1 of 1