HomeMy WebLinkAbout2004-04-22 Legal Documents SPR APR. 6.2004 B:27AM VHB NO.562 P.6
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/+ DECLARATION OF PROTECTIVE COVENANTS,
CONDITIONS, AND RESTRICTIONS
This Declaration o0rotective,Covenants, Conditions and Restrictions is made this 12th
day of May, 2003,by Irving&Rogers,Ell, Waltcr.E. Rogers and Ronald J. Polling, TI Vstees of
the Paters Street Realty Trust,u/d/t dated Pebrumy 12, 1990 and recorded with the Essex North
Distriot Registry of Deeds at Book 3068,Page 286,its successors and assigns(herein colleotiveiy
reformd to as the"Declarant").
WHEREAS,the Declarant is the owner of a certain parcel of land located on Route 114
in North Andover,Essex County,Massachusetts shown as Plat 24,Parcel 81 on North Andover
ASaeBsors Maps, containing 2.859 acres more or less,and being the same premises conveyed to
the Declarant by deed,dated February 12, 1990 and recorded with the Essex North District
Registry of Deeds at Book 3068, Page 299; and
WHBRI?AS, said parcel of land is more particularly described and shown as Lot l3 on a
plan of land for the First Methodist Chmxcb,dated December 20, 1989,by Richard F, Kaminski
and Associates,Inc.,and recorded in the Essex North District Registry of Deeds as Plan No.
11717(the "Property'); and
WHEREAS,the Declarant has submitted an Article to the Town of North Andover Town "
Meeting to amend the zoning of the Property from B-4 to General Business;slid
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WHEREAS, the Declarant has agreed to exclude from the Property certain allowed uses
in a General Business district; and
WHEREAS, the Declarant also has agreed to certain desigr criteria for any development
on the Property.
NOW,THEREFORE, for good god valuable consideration,receipt of which is hereby
acknowledged, and for the mutual promises and covenants contained herein, the following is
declared;
I. Loa-0 Submitted to Declaration. That the undersigned hereby submits to this
Declaration the real properly described hereinabove as the Property, which Property(and all
portions thereof}is, and shall be, held, transferred, sold, conveyed, and occupied subject to the
covenants, conditions and restrictions set forth hereinbelow, said covenants, conditions and'
restrictions to automatically be incorporated into all appropriate deeds and other conveyances of
record, which`said covenants, conditions and restrictions are deemed to run with the land and the
interests therein conveyed.
JUN 17103 Pal(
2. Use Restriction. Notwithstanding the uses allowed in a general Business district
in the Town of North Andover, no portion of the Property shall be used as an automobile service
and filling station, automobile storage and repair garage, including automobile body repairs and
painting, or an automobile sales agency for new or used cars. In addition, the Property shall be
developed as a single parcel.
3. Design Criteria. All development on the Property shall conform to the following
criteria, as reasonably determined by the Town of North Andover Planning Board:
(a) The design of the building will conform to the local historic architectural materials,
and styles.
(b) The massing of the building will be broken down using visual breaks, changes in
materials, color and varying roof heights.
(c) Controlled and coordinated signage, lighting and landscaping will enhance the image
of the building. The parking areas will be visually buffered from the road.
(d) The development shall be similar in character, quality and size to the preliminary
plans submitted to the Town of North Andover planning Board of May 3, 2003.
4. Enforcement. It is expressly understood and agreed that the PROTECTIVE
COVENANTS AND RESTRICTIONS contained herein shall attach to and run with the land and
ran for the benefit of the Town of North Andover. Enforcement of these covenants, reservations,
and restrictions shall be by a proceeding at law and/or in equity by the Town of North Andover,
acting by and through its Planning Board against any person or persons violating or threatening
to violate any covenant either to restrain the violation and/or recover damages suffered by them
for any violation thereof. The Declarant, and its successors and assigns, shall have full right to
enforce these PROTECTIVE COVENANTS AND RESTRICTIONS and recover damages.
5. Sev_erability. Each and every one the covenants, conditions and restrictions,
contained herein shall be considered to be an independent and separate covenant and agreement,
and in the event any one or more of such covenants, conditions and restrictions shall, for any
reason, be held to be invalid or unenforceable by a court of law, then all remaining covenants,
conditions and restrictions sball nevertheless remain in full force and effect.
ti. Duration. All of the foregoing PROTECTIVE COVENANTS AND
RESTRICTIONS shall continue and remain in full force and effect at all times against the
owner(s) of any lot(s) in such Property,regardless of how title was acquired, for a period of thirty
(30)years from the date of the recording hereof, after which time said PROTECTIVE
COVENANTS AND RESTRICTIONS shall automatically be extended for successive ten (10)
year periods, by an instrument which shall be recorded with the Essex North District Registry of
Deeds by the owner(s) of the Property within the time prescribed by M.G.L. c. 194, §27.
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7. Non-Waiver. The failure or delay of the Town of North Andover to enforce the
restrictions, covenants or provisions hereof shall not be deemed a waiver of the right to do so
thereafter as to the same breach or to one occurring prior or subsequent.
8. Amendment and Termination. The foregoing PROTECTIVE COVENANTS
AND RESTRICTIONS may be amended, modified, and/or terminated by vote of the record
titleholders of the Property and by the assent of the Planning Board for the Town of North
Andover, Such amendment, modification, and/or termination shall not be effective until such
time as it is reduced to writing and signed by the property owner and the Planning Board of
North Andover and recorded in the Essex North District Registry of Deeds.
9. Successors Bound. All of the covenants, conditions and restrictions set forth
herein shall run with the land, and the grantees of the property, by accepting the deed thereto,
accept the same subject to such covenants, conditions and restrictions, and agrees for themselves,
their heirs, administrators, successors, and assigns to be bound by each of such covenants,
conditions and restrictions jointly, separately, and severally.
WITNESS the duly authorized hand and seal of the Declarant this 12th day of May, 2003.
PETERS STREET REALTY TRUST
BY: Of
Ong E. Rogers, III
BY: l4
Walter E. Roger
BY:
Ronald J. Ulina
3
B 7920 G 7
3
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS May 12, 2003
Then personally appeared the above named Irving E. Rogers, ILI, Walter E. Rogers and
Ronald J. Pollina, as Trustees of the Peters Street Realty Trust, and acknowledged the foregoing
instrument to be their free act and deed and the duly authorized act and deed of Peters Street
Realty Trust, before me,
b etc �r C yt� T/I
Notary Public
MY Commission Expires: � ��et d
4
CONSTRUCTION EASEMENT
NORTH ANDOVER
PLANNligQ. DiPARTMEN-r
FIRST UNITED METHODIST CHURCH OF NORTH ANDOVER, a religious
corporation organized and existing under the laws of the Commonwealth of
Massachusetts ("Church"), being the owner of certain premises described as Parcel A in a
deed dated February 12, 1990 recorded with Essex North Registry of Deeds in Book
3068, Page 299 (the "Church Premises"), for consideration of$1.00 paid and for other
good and valuable consideration the receipt of which is hereby acknowledged, grants to
PETERS STREET REALTY, LLC, a Massachusetts limited liability company
("Company"), as appurtenant to Company's land described in deed of Irving E. Rogers
III, et al, to Company dated June 9, 2003 and recorded with said Deeds in Book 7297,
Page 160 (the "Benefited Land"), the perpetual right and easement to enter upon that
portion of the Church Premises shown as "Proposed Construction Easement 1,373 S.F."
on a plan prepared by Vanasse Hangen Brustlin, inc., dated 3/24/04 attached hereto as
Exhibit A, and incorporated herein by reference, for purposes of constructing and
maintaining a retaining wall on the Benefited Land. Nothing herein shall be construed to
permit any portion of such retaining wall or any other pen-nanent improvement to be
placed or maintained by the owner of the Benefited Land on or in said easement area or
any other portion of the Church Premises.
In the exercise of this easement Company shall not remove any structures, fences, or
playground on the Premises, shall be sensitive to existing vegetation, shall not use
chemicals on the Premises, and shall install a covering on the existing chain link fence to
reduce dust from and visibility of the construction work.
All use or exercise of this easement shall be at the sole risk, liability and expense of the
Company, and the Company shall frilly restore the easement area to its prior condition
upon completion of such use or exercise.
The benefits and burdens of this easement shall run with the Benefited Land.
Executed as an instrument under seal this day of Z:-u.0 Q— , 2004.
FIRST UNITED METHODIST CHURCH
OF NORTH ANDOVER,
acting by and t rough its Board of Trustees
�� v • /mil a,, �' � �
By.
ha 1 au or'zed
Chairman, duly authorized
/ / p
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss ,F/7z.L , 2004
Then personally appeared W S , as Chairman of the
Board of Trustees, aid as-Zdce..C'h :aura -the
f the First United Methodist Church of North Andover, each proven
to me by satisfactory evidence which was a Massachusetts driver's license to be the
persons named above, acknowledged the foregoing to be their free act and deed and the
free act and deed of said church, before nee,
CRl "Notary Publ "
David J. Coco Notary Public ( gi ature and Seal)
CominortwealdlofMassadiusells Mycommissio . pires:
My Cwmisslm Expires on June 13,2008
CONSENT OF PASTOR
In my capacity as Pastor of the first United Methodist Church of North Andover,
I, C1 t-IbCx i-� �k e- , hereby consent to the foregoing
Construction Easement. This consent is pursuant to the United Methodist Church Book of
Discipline, Paragraph , Subparagraph
actor
CONSENT OF DISTRICT SUPERINTENDENT
In my capacity as Central istrict Superintend nt of the First United Methodist
Church of North Andover, 1 , , , hereby consent to
the foregoing Construction Easement. This consent is pur ant to the United Methodist
Church Bank of Discipline, Paragraph , Su paragraph
C ntral District Superintendent
FORM U - LOT RELEASE FORM
INSTRUCTIONS: This form is used to verify that all necessary approvals/permits from
Boards and Departments having jurisdiction have been obtained. This does not relieve
the applicant and/or landowner from compliance with any applicable or requirements.
*****************************APPLICANT FILLS OUT THIS SECTION***********************
APPLICANT t - PHON _JT 3 V
LOCATION: Assessor's Map Number PARCEL
SUBDIVISION LOT (S)
STREET ST. NUMBER_110
******* ********* ******** ***********OFFICIAL USE ONLY*** ******************************
RECO ENDATIONS OFT N AGENTS:
CONSERVATION ADMINItTRATO DATE APPROVED
DATE REJECTED
COMMENTS
4TOWINIrlE DATE APPROVED 1
DATE REJECTED
COMMENTS Jr7L�.?
f
u- 2
FO S. 1bTbR-10KLTH DATE APPROVED z, 7 7f
DATE REJECTED
f-
SEPTJC NSPECTOR-HEALTH DATE APPROVED
DATE REJECTED
COMMENTS
PUBLIC WORKS -SEWERMATER CONNECTIONS 7—
DRIVE DRIVE Y PERMIT
//
FIRE DEPARTMENT 7-It
�G'
RECEIVED BY BUILDING INSPEC OR DATE
Revised 9197 jm
Town of North Andover
D♦ L1O 'es 4
Office of the Planning Department _ `
Community Development and Services Division
27 Charles Street 9 R�R4TI o•F*'`'y
North Andover,Massachusetts 01845 4ssac�usE�
ht www.townofnorthandove;r.com
�arritio((')lowtio(noriti itidovk .coi
Town Planner. I] — �—�i• - n P (978)688-9535
Julie Vondrak F (978)688-9542
August 19,2004
Vanasse Hangen Brutlin, Inc.
101 Walnut Street
P.O. Box 9151
Watertown, MA 022471-9151
Att: Taylor Dowding
RE: Modified CVS Plan
Dear Mr. Dowdy:
The North Andover Planning Department is in receipt of revised plans for Sheets C-3 and C-4 dated July 14,
2004 for the approved CVS project Iocated off Route 114 and Peters Street. The plan changes include the
proposal of a biofiltration swale, as requested by the Mass Highway Department. The swale will be constructed
on the Eagle Tribune property, of which the owners have agreed to provide a drainage easement for the
improvements.
In addition, several sewer manholes and sewer lines were added to the plan so that CVS would not have to run the
sewer pipe under the building.
Jack Sullivan and Tim Willet of the North Andover Department of Public Works have reviewed the modifications
and agree with the designs.
The Planning Department hereby administratively approves the proposed changes as minor modifications. The
referenced plans will become the new record plans for the site development.
If you have any questions, please feel free to contact me. Thank you.
_r
Sincerely,..~'^
Julie V r a Pla ems ' `
cc: Planning Board
Robert Nicetta, Building Commissioner
Jack Sullivan, DPW Director of Engineering
Tim Willet, DPW Director of Sewer and Water
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535