HomeMy WebLinkAbout20170606 Legal Doc./Covenant - Legal Document - 102 SOUTH BRADFORD STREET 8/22/2017 IF
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AMENDED AND RESTATED RESTRICTIVE COVENANT
Reference is hereby made to a certain deed, dated July 21, 2014, recorded with the Essex North
District Registry of Deeds in Book 13923, Page 113, pursuant to which certain real property located at
102 South Bradford Street, North Andover, Massachusetts, as more particularly described in said deed
(hereinafter, the "Property") was conveyed to Gregory S. Penney, an individual residing at 102 South
Bradford Street,North Andover,MA 01845 (hereinafter,the "Owner"),
RECITALS:
WHEREAS, the Property is currently located within the Residential I (R-1) zoning district under
the North Andover Zoning Bylaw, and the Owner has sought various approvals from the Town of North
Andover(the "Town") in connection with the construction of certain additions to the dwelling located on
the Property(collectively, the "Project");
WHEREAS, the Property is also located within the Town of North Andover Watershed
Protection Zoning District as defined under Section 4.136 of the Town of North Andover Zoning Bylaws,
as amended (the"District")where the purpose of the District is to preserve the purity of the groundwater,
Lake Cochichewick and its tributaries, to maintain the groundwater table, to maintain filtration and
purification functions of the land within the District, while conserving the natural environment, and to
protect the public health, safety and welfare;
WHEREAS, the Owner's predecessor in title was granted a Watershed Protection District
Special Pen-nit by Decision, dated May 19, 1999, by the North Andover Planning Board (the "1999
Decision"), which Decision is recorded with said Deeds in Book 5460,Page 245;
WHEREAS, Condition No. 5 of the 1999 Decision required the owner to record a "Deed
Restriction" with respect to the Property whereby"no chemical pesticides, fertilizers or other chemicals
shall be used in lawn care for maintenance" on the Property, and such Deed Restriction is recorded with
said Deeds in Book 5718,Page 88 ("Prior Restriction");
WHEREAS, the Owner was granted a Watershed Protection District Special Permit, dated June
6, 2017 (the "2017 Decision"), in connection with the construction of certain improvements to the
existing dwelling on the Property as more particularly described in the 2017 Decision, and such 2017 Is
recorded with said Deeds herewith and prior hereto;
WHEREAS,Findings of Fact No. 11 of the 2017 Decision requires the Owner to limit the use of
fertilizers on the Property to those which are either organic or slow-release nitrogen or phosphorous—free,
and non-organic pesticides and herbicides use are prohibited, and the use of coal tar-based pavement
sealants is prohibited; and
WHEREAS, Special Condition 19 of the 2017 Decision states the use of coal tar-based pavement
sealants is prohibited, and that the Owner shall incorporate this condition and the 2017 Decision as an
amendment to the Prior Restriction,and that a copy of the recorded amended restriction shall be submitted
to the Planning Department and Building Department, and included in the file.
NOW, THEREFORE, for good and valuable consideration, including, but not limited to, the
benefits to the occupants of the Property, as well as the continued protection of Lake Cochichewick, such
consideration being fully adequate and mutually beneficial to the Owner, his successors and the Town,
the Owner hereby amends and restates the Prior Restriction and hereby covenants as follows relative to
the present and future use of the Property:
COVENANT
1. Owner,as the current owner of the Property, hereby declares and covenants that the Property shall be
subject to the following restrictions and conditions as set forth in the 1999 Decision, as amended and
restated by the 2017 Decision, as follows:
(a) fertilizers are limited to those which are either organic, or slow-release
nitrogen and phosphorous-free;
(b) non-organic pesticides and herbicides are prohibited; and
(c) the use of coal tar-based pavement sealants are prohibited.
2. This Restrictive Covenant shall be a permitted exception to and run with the title to the Property in
perpetuity and shall be binding on the Property and on all present and future owners of all or any part of
the Property and on all present and future occupants and other persons or entities having any right,title,
interest or estate in or to all or any part of the Property,as well as the successors and assigns of each of the
foregoing,and the agents, employees, contractors,or other persons or entities acting under the direction,
and control of any of the foregoing.
3. Notwithstanding the foregoing, Owner shall not be liable for violation(s)of such restriction resulting from
cause(s)beyond Owner's control,including fire, flood, storm,earth movement, and acts caused by trespass
or other willful activity not caused or contributed to by Owner, or from any prudent action taken by Owner
under exigent circumstances to prevent, abate, or mitigate damage to the Property resulting from such
causes.
The undersigned person executing this Amended and Restated Restrictive Covenant is the Owner of the
Property as of the date of this Amended and Restated Restrictive Covenant,and represents and certifies that he is
duly authorized to execute and deliver this Amended and Restated Restrictive Covenant.
D G,
WITNESS the execution hereof as a sealed instrument tinder Massachusetts law as of thi cl 011_day of
August,2017.
regory .Pe ey
COMMONWEALTH OF MASSACH S
Essex, ss. Augustz, 017
r�-
On this day of August 017, fore me, the undersigned notary public, pe Wally appeared Gregory
S. Penney, proved to me through sa's ctor vidence of identification, which was _ river's license,ED personally
known to me, or❑personally know to rd witness personally known to me, to be the person whose name is
signed on the preceding or attached d cui en a acknowledged to me that he signed it voluntarily for its stated
purpose.
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f979 PfAl i 20 R1 ...1: 20 NORTH[ANDOVER
OFFICE OF
THE ZONING BOARD OF APPEALS
27 CHARLES STREET
Any appeal shall be filed NORTH ANDOVER,MASSACHUSETTS 01845
within(20)days after the FA3K(978)688-9542
date of filing of this notice NOTICE OF DECISION
in the office of the Town Clerk. Property at: 102 South Bradford St.
NAME: Scott Talbot DATE: 5/13/99
90A Rockwell St., Malden, MA
ADDRESS: for premises at: 102 South Bradford St. PETITION:008-99
North Andover, MA 01845 HEARING: 5/11/99
The Board of Appeals held a regular meeting on Tuesday evening, May 11, 1999 upon the application of Scott Talbot,
90A Rockwell St., Malden, MA for premises at: 102 South Bradford St., No.Andover, MA, requesting a Special
Permit under Section 4.136, paragraph 3c(ii)(6)of the Watershed Protection District,for construction and expansion
of a 2"d floor addition by more than 25% to an existing structure, said property is within the R-1 Zoning District.
The following members were present: William J. Sullivan, Walter F. Soule, George Earley, Ellen McIntyre.
The hearing was advertised in the Lawrence Tribune on 4/27/99 &5/4/99 and all abutters were notified by regular
mail. No persons appeared in opposition to the petition.
Upon a motion made by Ellen Mclntyre and 2nd by Walter F. Soule, the Board voted to GRANT a Special Permit
from the requirements of Section 4.136, Paragraph 3c(ii) (6)of the Watershed Protection District for construction and
expansion of a 2"d floor addition of 936 sq. ft.,which exceeds 25%of the size the existing structure which is 936 sq.
ft. in accordance with the Plan of Land by Scott L. Giles#13972, Registered Land Surveyor, dated 5/11/99. Voting in
favor: William J. Sullivan, Walter F. Soule, George Earley, Ellen McIntyre.
The Board finds that the applicant has satisfied the provision of Section 9,paragraph 9.2 of the Zoning Bylaw and that
such change, extension or alteration shall not be substantially more detrimental than the existing non-conforming
structure to the neighborhood.
Note: 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 and building
codes and regulations,prior to the issuance of a building permit as requested by the Building Commission.
Board of Ap eals,
r
William J, S Ilivan, Chairman
Zoning Bo rd of Appeals
mill 999decision/10
BOARD OF•�U'PE.'�683-9541 BUILDINGS 653-9545 COQ(SERVATION 638-9530 HEALTH M3-9540 PLANNING 6H-9535
13 32884
FRANK S.GILES,P.L.S. DATE: MAY 27,2003 SCOTT L.GILES
LEGAL REFERENCES SUBJECT PROPERTY:
aB°F'AFRANK S.GILES _ -
SEE PLAN#2978 MAP 103,PARCEL 32 ?d?FSA REVISIONS:
DEED BOOK 5386,PAGE 261 102 SO BRADFORD STREET o c SURVEYING
D.O.S.1955 TALBOT,SCOTT&BARBARA J 7 y w 50 DEERMEADOW ROAD
CLOSURE ERROR AREA=1.37 �0'S SCALE: 1"=40' NO.ANDOVER,MA 01845
iNn sa8v��'
(SEE PLAN 95483(r4 N.E.RD.) D.O.S.1955 '"�� 0' 40' gp' (978)683-2645
103.0-0100'
e-mail:FraukGilesSurvey@attbi.com
PHINNEY,JAMES M&LISA H
20 FERNCROFT CIRCLE PLAN OF LAND
NORTH ANDOVEROMA 01845 LOCATED IN NNTS4�
DEED BK.5094,PAGE3030 NORTH ANDOVER,MA.
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7AU THIS IS TO CERTIFY THAT I HAVE CONFORMED
ca.$—mROR S�°ragl" PROPOSED AREA=(PLAN)S.F. WITH THE RULES AND REGULATIONS OF THE
(SEE PLAN 95483 aQNE.RD.) A 77 1.0651 Ayes(PLAN) REGISTERS OF DEEDS IN PREPARING THIS PLAN
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APPROVAL UNDER THE SUBDIVISION Yl O 27 4 D f s-rAaA
CONTROL LAW NOT REQUIRED. co U nT y !7
NORTH ANDO'V'ER
THE PROPERTY LINES SHOWN ARE THE 'z6C�/v6c = KF�O r
LINES DIVIDING EXISTING OWNERSHIPS,AND IUOI� (y Z00�
N �FB9ARD - THE LINES OF STREETS AND WAYS SHOWN V
ARE THOSE OF PUBLIC OR PRIVATE STREETS 'rA-rj
OR WAYS ALREADY ESTABLISHED,AND NO
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ATE: OWNERSHIP ORNEW WAYS ARE SHOWN. ,
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