Loading...
HomeMy WebLinkAbout1994-08-19 Correspondence I�AREN H.P.NELSON Town Of 120 Main Street, 01845 D`re``or Y4�: NORTH ANDOVER (508) 682-6483 . ,. ... . BUILDING 'e@::`^s e CONSERVATION DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT 0 May 27 1994 Mr. Phil. Christiansen Christiansen & Sergi 160 Summer Street Haverhill , MA 01830 Re: Nadine Lane - Definitive Subdivision Dear Mr. Christiansen, I have preliminarily reviewed your definitive subdivision submittal for Nadine Lane. The :following items will need to be submitted as required by Section 3 (c) (3) of the Subdivision Rules and regulations prior to the public hearing: 1. Drainage Analysis 2 . Construction Schedule 3 . Soil Map 4 . Erosion Control Plan The following items must be added to the Plan: 1. Drainage 2 . Topography/Grading 3 . Existing Tree Line 4 . Major Site Features including wetlands 5. Driveway Locations The Board will also want to review proposed house designs and landscaping. If you have any questions please call me at 682-6483 ext. 24 . Sincerely,Q �31 Kathleen olwell Town Planner CC. K. Nelson, Dir PCD R. Nardella, Chair PB 1 CHRISTIANSEN I, @ NC. PROFESSIONAL ENGINEERS AND LAND SURVEYORS 160 SUMMER STREET HAVERHILL, MASSACHUSETTS 01830 (508) 373�0310 FAX: (508) 372-3960 1�I� A May r �=1994 Y 31 Ms. Kathleen Bradley Colwell Town Planner i Town of North Andover E _ g9 # 120 Main Street Lr��aB� € 11�!� .. r`, North Andover, MA 08145 .� RE: Drainage Calculations Nadine Lane Definitive Subdivision Dear Ms. Colwell: Regarding your letter of May 27, 1994 , I offer the following comments: 1 . See attached letter regarding drainage analysis 2 . A Construction Schedule will be submitted. 3 . See Attached Soils map. 4 . An Erosion control plan will be submitted. Regarding the plans: 1. Drainage is on the plan. 2 . Existing topography is on the plan. 3 . The site is cleared. 4 . The wetlands are shown. 5 . Driveways will be added. Very truly yours, Philip G. Christiansen PGC;lc enc. 1 j CHRISTIANSENI, INC. PROFESSIONAL ENGINEERS AND LAND SURVEYORS 160 SUMMER STREET HAVERHILL, MASSACHUSETTS 01830 (508) 373-0310 LAX: (508) 372-3960 May . 31, 1994 �C, 1,5 � # Ms . Kathleen Bradley Colwell Town Planner ; Town of North Andover 120 Main Street 9 _ North Andover, MA 08145 ��E����t�� y` t�f4 { RE: Drainage Calculations Nadine Lane 7 Def tn�1,� ern Subdivision .. Dear Ms . Colwell The soils at the above referenced site are a Hydraulic C. The existing conditions of the site is bare soil. The runoff curve number for bare soil, for a C soil as listed in TR55 is 91 . The runoff Curve number for 1/8 acre or less residential acres is 90. Since the higher curve number represents greater volume of runoff than does a lesser curve number, it is clear that the proposed project will not increase the flow of water off site. It is for the above reasons that a detention pond has not been included in the design of the project. R7, my o isG. ristiansen PGC; lc � J r ► ~fir a r• `t,,�� '��, i .; ,k s ',1. y��� •.��SA �¢ , ���i i -w'41+V�{, ^� I ��'~",;:C�� ,�a�a' S Fib r MIN N1,.. r��fy.:L@,-I•• PM. ��''// Jam, ; "� i'A '•` • J�y �'y � �1 Orr � • � � _ y�� • ��.. ��-{'p�i• �. .:1 v •t � l� .a=i I ���J.. �• ;�.f �� 4'N s_ '!`�i� ti �.i.. `�.'F �, rTv .� 3 �i,�`, '�]] F�r F 1, �{C ,s. .y•�J� J ;! � a� -.w �S g4��`c5 s+� `' ' 1✓� L u�1 � �t�'•5f£ �y�r�F�3i'f'jfaJ'T,t'=F�'3'f �aW�.,-Y,`��'� A� �,`� y ry '� 5,�� �`•:,�5��.��� L�iwr, 4� ,! r Sy� fFz � a ,� 1� k1e a�� � I. 1 � f Jd �- �pu•ry�i 'Fz�� � �7��si �[a J-!,? .eta o � v[ v l�L" �'1'�- -7 �'�''P �� ��Gs ���,. ` � Y�•' _ �s}.i Sf Y 4,�J{�,�]{��• .� p I�,, )��!�- •t F��'O\ - � 4�Y t q`��•��5 r 17i. rF�.s.'}iV± SJ i�-wfel,-t��f 4� �•L-+��G4f�„•3. ;7. �t�•�.�(.., 5�'}5" t{ as'!G i���,•��$ �^F f, �'�.� ,. "i•dy; Y A '� ]� rsF:,a .§r: y�J'-.• �'�',����'�AN: "� },�,� l�"t � ��- �� a "`:�'17(f F� t � ry- yi'rr >•� >x J IT:, ea !A` Yt �a+, �+q`� y��.� -,�e3. .V ��Z'1 k'C �9ti� 4YnZl:�rr yi'r+ J,5 a �-sdi kr����-w.5� ,r.i� z l^--s . 3"'r,� Yr'��i'' �.b�°Syr, iTT .�"•r t��*, a' 3i�St�� L�r1 '{`�f ?, { ^tr 3� yw„.`•'r�r ri,�'` '�'. G,• if 7'` ;• ;/r ,�-„k 3�• r r �t'j ,s .J -_ �'�.���;r ';�''��' 1�Yf,"r•*wt 3�,G� .t�7.�� � ti� 4 yfy Fr��yfc. y ��,�Y�rT ;,. �Ij,}�"���`-,s:, Km Y:r? r � � r �'S��n ! r F '`'�'L•�-�Jy� �S �y�rv�m.'-., r� tixti�s. - p���-i i.{7�r�,''I��i a�°.� � •C-I� �--,r.1 f (4 .ice•• x��i'-- 7��tii, yY• f3._ � 4 �,+ �` r !- r! f i i � r.f r,rJ�'r' f ! �d�? �4�g � ` r V P•.,.;. �J� � }`fir.,. .�AF•,•��v �T�,(7�r� $t=ir.• - :I-;Y. y�' i i ,t--f •• s^.,: Viz :' ' e.� -y' y-a '{nL," ! ��,�1 �Skr?' i �i''f (f-i,.i� :^'Y^ N M7 .a�('�S Cr� l i�•..t�� 1}�;.rr is'°i.r F !T � vf'hr4 �•_: �J cT�,r, Yr`C. ''�a'sh"i+;� ��rl,`,sT' yj;z s� ..:+,,7�7• V9vJ�y. �a], f% ,•,l y, _..of' xF `t� rNtir 'rPN� -y�t 4� � �T2 .r•L. La ��F•i�'!� '' - ti S-:�' •���r,, six� u5� e +.:z p f z �,e•gg r { 3 tn� - : {, ,;! �y�' r�`•`,'J'-'...T fir.. y r.»nt5,yy i'.(y>+u}.' ! ah +� `%�,( ;{a,"at b x f y' •+� �-a 3t� 3Y����`�:•t jf� c Qe.1.. r����t,#y iSP't S;F.t, Vi *:' axrl• r;7 �. - � .rier��-k •a d!r .X { �.•+J�i itY YyY: rS-�C'rfa ' .>� S �1 1{� ,'4*sc.. "u^1 �nr- '�3�-?•.z �r }yy�.,+YwF{,,,M i-i�� i� �;, FrA25 a, t7•Y'S�y�li i(fi"ti r�•}ts.. �F�.f ���'r�ri-�S�Sa�Yw��-�yI3 !��1���4��,�,.,,�� �. � -syr� � ��"���JJJ7 j�r�'" ��.'�"��'�y��•{�yl A{ ' z31 .Y_ ..cam.., .`� r ,�J r I 1,7 � `"=��4 K ref�''+ .-,d �•��rs�! r,�� t y✓ask ���,�. (,`! 1 •r•rL'= 4yT+Fr•�{ "mot (Y�4+ . 7'�F/o� ir za {i a �.;3L•7'/�iiryt.� ' {:., l'e ��s! C '� r r• : € `% °�} (J!�` ,f/� rf;r��J,, ��' r i 7� t12+• Y,'t`yr f ` -,�ti y � ,Su: 1�`+4, r �t •,�$ hl'45�}�.,i�H+ y(. N��i �Iryye tl� i -�bq'.+ .Fksi �.� ��+�+`2.��f z ;�1)!b o •'r. s A #' 88i is s� T¢ ''n'. �j � r .s t6� iae.a! t�si5` f ` 4 i �'!• -%� �: •,• �. h t�"' 'y Sv�'].r" t4� lrlf If "a s - ! , t : ;� mr 1 rz��rt !�Yl M�-Zsj?Y � •i+�l�t=.'.i' "•. v.. I:'+e;��� s .,r}c�y(� �x1� 5 fi a �'�r„Y,f@y +?J � Fy. �':` � '• ni: � ' la-„ t:i�<'^ •-°`� ���� x,�. .!S 1 it "C,. �r +'tib�r [+:'4. n(�S•.�_a�y4y 3';, } .rr.r ✓�•�.Y t,. � +" ( �r;�w r ,, r ss.}`� 9-i�.1 '� n�: lT. r'a`�•A-`,a>�,. 4�r_p,.frs� ��F' � t g/,57�/�r',Y=r- ' �'y�'+�"�"t4dl$ y, t q ' 3 y!FTScL,' {I7II�" •,rNO- Off",ez W.; V J sera•{ V �1 TT�� j ! , �^itc' ►4!� _+, i37[ fN �h i '� •!�•��pY: e��4iv.�;�j��,{y� r�� TT" �{�tI �r C �•q�'�,, �.4 �Q a i:.i+`. •r' -.. i i $�tC. !'tr ., t. y{.`" -�1 �f it ^•,#-�• ��'•7 VS s ��fj `.i•,¢.• rye 1 N� �- �• .� iir''Z.' �j7.:•-i tx •-.•� !. ��' tt�, s7'`v'��C,,� ! .J;� *:}��: �� �1�y���.St•� � , `I-rT.�' .3 Y,i`,, •-cr�"f't:Yj r w 1.:^mr'"� �� ' 'C4�ik: J � `:�iy 9 �';t�p'S5 is tr�� �i � 'r e 'R:,F':!'(ra_� .E- �y,�•Y,J:J, � �i_S �• _;f� + Evergreen Management Corp, 733 Turnpike Street • Suite 311 •North Andover,Massachusseas 01845 • Office 508-975.1420 • Fax 508.681.8447 1 11W/I. � ' i June 9, 1994 Kathleen Bradley-Colwell Town of North Andover 120 Main Street North Andover, MA 01845 Dear Kathleen: Please inform me of any activity that relates to the approval process of the Mscicz Property at. Meadowood. As you know we have acquired the Annaloro and Peterson parcels in addition to the Serio and Callahan parcels on Hillside Avenue. Our plan is to proceed with the subdivision continuing from Meadowood II into the Annaloro and Peterson parcels. ' As a result of the sale of the Mscicz Property to Scott Construction, • I am basically out of the loop in the completion of -the master plan. I think it ' s important to the members of the planning board, 'as -well as to our company that we ensure continuity in the common scheme of development both' in terms of esthetics of the house designs as well .as the roadway configurations and provide for a smooth transition in completion of the project relative to the construction and traffic flows. Thank you for .your time, and if you have any questions or concerns relative to this request, please feel free to give me a call. Sincerely, Thomas .D. Laudani. cc: Karen Nelson Stephen Stapinski Phillips Common • Meadowood • Stevens Crossing•Cobblestone Crossing • Foxwood t I y4 1 (1rs. Jean Redman 35 Madowood Rd. North Andover,MA 016,15 North Andover Planning Board North Andover, r1A 01045 Door.. Mr. Nardella and rner*r)bers of the board, Knowing that there will likely be more development of the land near nig tome I would like to have you put into place some conditions that will rnak'e Our lives tolerable during the construction. Having j u-:A barely survived the awful things that were done to us during the construction phase, I can only dope that we learn from our rnistakes. For one thing, I can see that my driveway that is directly opposite to the proposed ct_at from Nadine Cad. to Willow 'St. will be used as a turn around for construction trucks of every sort. I can also see that there's a good chance it Will be blocked a great deal of the time. The angle that was put on the driveway makes it difficult enough to see ghat is coming without other factors involved. We have a lot of very small children who play safely in our neighborhood. If construction equipment is allowed to park anywhere on the current roadway it will cause some major safety problems. I will not recite the litany of the rude, boarish behavior that I had to put rap Witt). Suffice it to sy that objectionable ]an guagea loud blaring music and t.rucl•;s driving over my property went on seven days a week from 6:00 a.m., till often past dark. Can you set some limits on Where the construction vehicles t-nay go and the hours of operation's I have no major objections to the deveinpment of the property; although I do wonder why twenty hous e.-:3 can go in now and four was not allowed several year, ago. I thing that some thought needs to be given to people living in the neighbor hood because there was no thought given to us. As, for Mr. L.audani's part in the rest. of the development...I wonder when he's going to deal with the lists of unfinished wort, yet to do in Headov-/ood 1. The st.lppOSed playground area is an eyesore and frankltl dangerous in the condition it's in. Lawns aren't fir)ished, 'ralt�s ,aren't done and drivewaqs and %,valkw ys are still caving in. Does he ever- have to finish anything he starts' I know that all the neighbors are interested in the anwevers to these questions. Maybe gou'll have some for us on the '} 1st. Sincerely, Mrs. Joan Redman 4 Of NOIIFk, ' / I KAREN H.P. NELSON' °� TOWri Of 120 Main Street, 01845 Director (508) 682-6483 BUILDING NORTH ANDOVER CONSERVATION 8 DRUB DIVISION OF PLANN G PLANNING & COMMUNITY DEVELOPMENT June 22 , 199 Mr. Phil Christiansen Christiansen & Sergi, Inc. 160 Summer Street Haverhill , MA 01830 Re: Nadine Lane Dear Mr. Christiansen, Due to the lack of a quorum at the last meeting the Planning Board will continue to discuss the Nadine Lane Subdivision application on June 28, 1994 . The meeting will begin at 7 : 00 pm and will be held in the Library Conference Room at Town Hall . Sincerely, Kathleen Bradley Colwell Town Planner CC. K. Nelson, Dir PCD R. Nardella, Chair PB 4". t rof NonrNti� , � k ICARI N H.P. NELSON ° Town of 120 Main Street, 01845 Dircclor ` (508) 682-6483 } NORTH ANDOVER BUILDING CONSERVATION CH bE` DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT Post-it'"brand fax transmittal memo 7671 n oI pa9e8 o' t July 22 , 1994 To Co. jlJ% ()i�t'' ._ Dept. Phone# Mr. James Grifoni j F � 'g Fax✓l Willow Tree Development 12 Rogers Road Haverhill, MA 01835 Re: Nadine Lane - Definitive Subdivision/ R-6 Zone Dear Mr. Grifoni, Thank you for appearing before the Planning Board this week to continue discussions of e reviewed the Lane dfNadinee Lane rivision oadway application. The Board and lot layout. The Planning Board had the following comments: * Fence to be constructed along Rt 125 to match Meadowood I . a� Board would support a variance request on Lot 20. Suggested that variances should be sought on both Lots 20 and 8 to allow for more regular frontage. * Board would support a special permit for a common driveway to access Lots 20 and 9 . Lot 10 should be accessed from Nadine Lane if possible. The Board would support a special permit to grant access over frontage other than the legal frontage. * A bus shelter shall be placed on Lots 18 and 19 . * Lot 20 should be renumbered to fit in with adjacent lots. The watermain in Rt 125 must be replaced to the center of the Gallant property line. plans must be submitted as soon as possible to allow for Final p review the DPW and Planning Staff. If you have any questions r 1 please call me at 682-6483 ext. 24 . Sincerely, Kathleen Bradley Colwell Town Planner CC. K. Nelson, Dix PCD Planning Board P. Christiansen p � I { (0) y TOWN OF NORTH ANDOVER, MASSAC HUSETTS DIVIS10N CIF P U B L I C W 0 R K 384 C)GG000 STFRFCT, 04845 E t K� r W ` k. GEORGE PERNA . < a TLEF'k-IONE (5f3!? `6F35 QJ5Q DIRECTOR 4 SR C f1'W1Sfc-��y August 10, 1994 Mr. Richard Nardella Planning Board 120 Main Street North Andover, Ma 01845 Re; Nadine Lane Dear Mr. Nardella; The Division of Public Works has reviewed the revised definitive subdivision plans of Nadine Lane dated August 1, 1994 prepared by Christiansen and Sergi for Willow Tree Development. We have the following comments. 1. The proposed drain pipe on Lots 21 3, 4-and 5 should be installed in the center of 20 foot wide drainage easements. 2 . Peak stormwater flowrates at the boundaries of the development shall be no higher following development than prior to development. 3 . A sewer extension permit must be obtained from the Division of Water Pollution Control of the Massachusetts Department of Environmental Protection. 4 . A statement must be obtained from the operator of the Rt. 114 sewer pumping station quantifying existing sewage flows, and available excess permitted capacity to accept projected flows from Nadine Lane. 5 . The sewer extension will be subject to the policies of the Division of Public Works regarding removal of existing Infiltration/Inflow in the receiving sewage system. 6 . Sewer manhole #3 should be moved to Station 2+86 7 . A hydrant should be installed at Station 3+0. 8 . The water services should be sized to deliver adequate volume for both domestic use and residential sprinkler flows. 9 . A permit must be obtained from Mass Highway for excavating in the Rt. 125 Right of Way for the water main installation. 10 . A complete set of signed plans, a copy of the Planning Board decision and a copy of the Conservation Commission Order of Conditions must be on file at the Division of Public Works prior to issuance of permit for connection to utilities. Very , r y you s J. "1iam Hm rciak, P.E. Assist. Director of Public Works JWH:bkc cc: Christiansen & Sergi 160 Summer St. Haverhill, Ma 01830 � 1 MAIN STREET A ' NDOVER,MA 01810 / TELEPHONE // (50B)475.0021 a-L7W,•L�V�n" TELE FAX (508)475.5070 BURTON A.SHAKER(ADMITTED MASS.a CONN.BARS) GERALD M.LEWIS(ADMITTED MASS.BAR) HARRY N.STEINBERG 0925.19eB) JOHN A.JAMES.JR.(ADMITTED MASS„N.H.AND FLA.BARS) OF COUNSEL GEOFFREY H.LEWIS AY ` fir , t August 25, 1994 r � Ar_ Ms. Kathleen Bradley Coldwell Town Planner Town of North Andover North Andover Town Hall Main Street North Andover, MA 01845 RE: 18 Willow Street, North Andover Dear Kathleen: Please be advised that this office represents Paul Mscisz, owner of the above property. Kindly retain possession of all executed subdivision plans until my client has authorized their release. Irdially, J 2 ,A. James, Jr. JAJ/smf cc: V. Hatem, Esquire l r I LAW OFFICES 127'TURNPIKE STREET NORTH ANDOVER,MASSACHUSETTS 01845 5095., t (50B) 685-3368 VICTOR L, HATEM s i y�F S � �f; a• 4l}-'r�I �A � (SOB) 582-1712 ALSO ADMITTED IN N.H. JOSEPH V. MAHONEY }+ 1 PETER L, HATEM ALSO ADMITTED 3N FLORIDA AND N.H. ` - �I September 19 , 1994 Ms. Kathleen Bradley Colwell Town Planner Town of North Andover North Andover Town Hall Main Street North Andover, MA 01845 Re: 18 Willow Street North Andover Nadine Lane our File Number G4496 Dear Ms. Colwell: Subdivision plans have been filed with the Planning Board for the Town of North Andover by Joseph Scott for approval. Previously Attorney John James requested you retain the filings . You're advised that Mr. Scott claims ownership of all of the engineering plans, filings, etc. with regard to this property and that they are not to be used or utilized by any other parties in order to obtain approvals from the town without the express permission of Mr. Scott. Should there be any questions in this regard, please advise. Very truly yours, 1-t, —4,�Z AA V CTOR L. HATEM VLH:kmo Enclosure cc: Atty. J. James Joseph Scott i ff + tt i . IIJt, I!' 1 i 4 i I, 1 Joint NAA M810 ktx Ao :lilt, C>vcj- 1 0141 rj,j!n I d awl OV F y It o ty 1MY ('I�'IS CO)I 01rvo.\t,, Cr eivcd Ow lj cd ilk" yoll b"Ive ail y pli A& r � 3 PHILIP F. SULLIVAN ATTORNEY AT LAW OLOF AN©OVER VILLAGE-WEST MALL POST OFFICE BOX 486 ANDOVER, MASSACHUSETTS 01810 TELEPHONE j508J 470-2055 TELECOPIEH (50B] 470-15B3 October 27 , 1994 Town of North Andover Planning Board North Andover Town, Hall North Andover, MA 01845 To Whom It May Concern: I enclose herewith three copies of the recorded Subdivision Plan for Nadine Lane and two copies of Form I Covenant, Form M Conveyance of Easements, Grant of Easement regarding the roadway, Covenant regarding building design and one copy of the private sewer system covenant. I also enclose a copy of the Certificate of Vote indicating the authority of the corporation to sign these documents . Ve ly yo rs, l/ Philip F. Sullivan Enclosures 7w COVENANT KNOW ALL MEN by these presents that the undersigned has submitted an application dated May 13, 1994, to the NORTH ANDOVER PLANNING BOARD for approval a Definitive Plan of a subdivision of land entitled: Definitive Subdivision & Special Permit Plan, dated: May 5, 1994 , Rev. 8-1-94 ; owned by: Paul. T. Mscisz, 18 Willow Street; land located: off Route 125, North Andover, and showing ' 20 proposed lots . See P14,y •fit. That the undersigned shall include in Protective Covenants that the Architectural Style of the proposed dwellings conform to the presented to the Planning Board and referenced as Booklet entitled: "Willow Tree at North Andover, Massachusetts, Scott Construction, Inc. " Dated: October 17 , 1994 STRF XT REAL Y. es M. i ni, President ichard Velletier, reasurer COMMONWEALTH OF MASSACHUSETTS Essex ss. October 17, 1994 n 4 Then personally appeared the above named James M. Grifoni, Vice N r President and Richard Pelletier, Treasurer and acknowledged the foregoing instrument signed by them to be the free act and deed of WILLOW STREET REALTY, INC. , before me 20 V NOTARY PUBLIC My Commission Expires: iG'�i Y I GRANT OF EASEMENT WILLOW STREET REALTY, INC. , for consideration paid of One ($1.00) Dollar, hereby grants to the Inhabitants of the Town of North Andover, Essex County, Massachusetts, an easement to pass and repass. on and over the way known as Nadine Lane and to use said Nadine Lane for all purposes for which streets and ways are commonly used in North Andover, Massachusetts. Nadine Lane is more particularly described on a plan of land entitled, "Definitive Subdivision and Special Permit Plan by Christiansen & Sergi, dated May 5, 1994, Rev. 8-1-94, owned by Paul T. Mscisz" which plan is recorded with the Essex North District Registry of Deeds as Plan -/akVF11 , reference is made to said plan for a more particular description of Nadine Lane. Grantor expressly reserves from the conveyance hereunder the fee interest of the land in Nadine Lane. Being the premises conveyed to the Grantor by deed recorded in said Registry as Document No. 29234 . ti'�- �'uyc 7/ In Witness Whereof the said WILLOW STREET REALTY, INC. has caused its corporate seal to be hereto affixed and these presents to be signed, acknowledged and delivered in its name and behalf by James M. Grifoni, Vase President and Richard Pelletier, Treasurer hereto duly authorized, this 17th day of October, 1994 . -VILLOW ST LT , . James M. s on` , V-President . Hy: is and Pe 1 t er, Treasurer rya COMMONWEALTH OF MASSACHUSETTS Essex, ss . October 17 , 1994 Then personally appeared the above named James M. Grifoni, Vice President and Richard Pelletier, Treasurer and acknowledged the foregoing instrument signed by them to be the free act and deed of WILLOW STREET REALTY, INC. , before me NOTARY PUBLIC / My Commission Expires ; DORM M CONVEYANCE OF EASEMENTS AND UTILITIES Willow Street Realty. Inc.,(name ofowner)of 12 Rogers Rd. , Haverhill,_ MA (address) County, Massachusetts; for the consideration of $1.00 , hereby grants, transfers and delivers unto the Town of North Andover, a municipal corporation in Essex County, the following: A. The perpetual rights and easements to construct, inspect, repair, remove, replace, operate and forever maintain (1) a sanitary sewer or sewers with any manholes, pipes, conduits and other appurtenances, (2) pipes, conduits and their appurtenances for the conveyance of water, and (3) a covered surface and ground water drain or drains with any manholes, pipes, conduits and their appurtenances, and to do all other acts incidental to the foregoing, including the right to pass along and over the land for the aforesaid purposes, in, through, and under the whole of Nadine Lane , dated. _ May 5, 1994 , said plan is made and said plan is incorporated herein for a complete and detailed description of said roads. B. The perpetual rights and easements to use for drainage and wetland (describe use/ the following parcel of land situated on Nadine, Lane (Street) in said Town of North Andover and bounded and described as follows; Dots numbered 1 through 20 on plan No. The grantor warrants that the aforesaid easements are free and clear of all liens or encumbrances, that he (it) has good title to transfer the same, and that he will defend the same against claims of all persons. For grantor's title see deed from Paul T. and Martha J. MsGdat d Octolr 12 , 19 94 , and recorded in Essex North District Registry of Deeds, Rwk Doc 529234, RF&C hr I �V/ ►" This is not a homestead property. ` To be completed if a mortgage exists; , And None the present holder of a mortgage on the above described land, which mortgage is dated , 19 and recorded in said Deeds, Book , Page , for consideration paid,hereby releases unto the Town forever from the operation of said mortgages, the rights and eats here' ve granted and assents thereto. allow tr ty, Inc. N/A 13 Authorized signature of Mortgagee ner IN WITNESS WHEREOF we leave e eto et our hands and seals this 1.7 day of (�_ , 19 IV COMMONWEALTH OF MASSACHUSETTS Essex , ss October 17 19 -29 and Richard Pelletier, Then personally appeared the above named James M. Grifoni and acknowledged the foregoing to be the free act and deed, Lx4=CKx of Willow Street Realty, Inc. Notary Public My Co m issio Expires: �� ! 'f g J NOTE: This conveyance is not effective until accepted by Town Meeting. FORM I COVENANT October 1 1994 North Andover • MA KNOW ALL MEN by these presents that the undersigned has submitted an application dated May 13 1994 , to the NORTH ANDOVER PLANNING BOARD for approval a Definitive Plan of a subdivision of land entitled: Definitive Subdivision & S _ Plan plan by: Christiansen & Sergi dated: May 5, 1994 Rev. 8/1/94 owned by: Paul T. Mscisz r address: 18 willow Street land located: off Rt. 125, North Andover , and showing 20 proposed lots. The undersigned has requested the Planning Board to approve such plan without requiring a performance bond. IN CONSIDERATION of said Planning Board of NORTH ANDOVER, in the county of ESSEX approving said plan without requiring a performance bond, the undersigned hereby covenants and agrees with the inhabitants of the town as follows: 1. That the undersigned is the *owner in fee simple absolute of all the land included in the subdivision and that there are no mortgages of record or otherwise on any land, except for those described below, and that the present holders of said mortgages have assented to this contract prior to its execution by the undersigned, *If there is more than one owner, all must sign. "Applicant" may be an owner or his agent of record must sign the covenant. 2 . That the undersigned will not sell or convey any lot in the subdivision or erect or place any, permanent building on any lot until the construction 'of the ways and installation of municipal services necessary to adequately serve such lot has been completed in accordance with the covenants, conditions, agreements, terms and provisions as specified in the following: a. The Application for Approval of Definitive Plan (Form C) . b. The Subdivision Control Law and the Planning Board' s Rules and Regulations governing this subdivision. I of 5 C. The Certificate of Approval and the conditions of approval specified therein, issued by the Planning Board, dated August 19. 1994 d. The Definitive Plan as approved and as qualified by Certificate of Approval. e. other document (s) specifically construction to be completed, namely, However, a mortgage who acquires title to the mortgaged premises by foreclosure or otherwise and any succeeding owner of the mortgaged premises or part thereof may sell or convey any lot, subject only to that portion of this covenant which provided that no lot be sold or conveyed or shall be built upon until ways and services have been provided to serve such lot. 3 . That this covenant shall be binding upon the executors, administrators, devisees, heirs, successors and assigns of the undersigned and shall constitute a covenant running with the land included in the subdivision and shall operate as restrictions upon the land. 4 . That particular lots within the subdivision shall be released from the foregoing conditions upon the recording of a certificate of performance executed by a majority of the Planning Board and enumerating the specific lots to be released. 5 . That nothing herein shall be deemed to prohibit a conveyance by a single deed subject to this covenant, of either the entire parcel of land' shown on the subdivision plan or of all lots not previously released by the Planning Board. 6. That the undersigned agrees to record this covenant with the Essex North County Registry of Deeds, forthwith, or to pay the necessary recording fees to the said Planning Board in the event the Planning .Board shall record this agreement forthwith. Reference to this covenant shall be entered upon the Definitive Subdivision Plan as approved. 7 . A deed or any part of the subdivision in violation of the covenant shall be voidable by the grantee prior to the release of the covenant; but not later than three (3) years from the date of such deed, as provided in Section 81-U, Chapter 41, M.G. L. 2 of 5 8 . That this covenant shall be executed before endorsement of approval of the definitive plan by the planning Board and shall take effect upon the endorsement of approval. Said covenant shall expire two years from the date of the endorsement of the definitive plan. 9 . Upon final completion of the construction of ways and installation of municipal services as specified herein, on or before August 19, 1y 6 , the Planning Board shall release this covenant by an appropriate instrument, duly acknowledged. Failure to complete construction and installation within the time specified herein or such later date as may be specified by vote of the Planning Board with a written concurrence of the applicant, shall result in automatic rescission of the approval of the plan. Upon performance of this covenant with respect to any lot, the Planning Board may release such lot from this covenant by an appropriate instrument duly recorded. 10 . Nothing herein shall prohibit the applicant from varying the method of securing the construction of ways and installation of municipal services from time to time or from securing by one, or in part by one. and in part by another of the methods described in M.G.L. , Chapter 41, Section 81-U, as long as such security is sufficient in the opinion of the planning Board to secure performance of the construction and installation. For title to the property, see deed from Paul T. Mscisz and Martha J._Mscisz dated October 12, 1994 recorded in E sex Registry of Deeds, x Document #2934ak///,5/.? title N o. The present holder of a mortgage upon the property is None of The mortgage is dated and recorded in Registry of Deeds, Book , Page , or registered in Land Registry as Document No. , and noted on certificate of title no. , in Registration Book , Page . The mortgagee agrees to hold the mortgage subject to the covenants set forth above and agrees that the covenants shall have the same status, force and effect as though executed and recorded before the taking of the mortgage and further agrees that the mortgage shall be subordinate to the above covenant. 3 of 5 � r N/A' __, spouse of the undersigned applicant hereby agrees that such interest as I, we, may have in the premises shall be subject to the provisions of this covenant and insofar as is necessary releases all rights of tenancy by the dower of homestead and other interest therein. IN WITNESS WHEREOF we gave unto set our hands and seals this of Octob. , 19 94 slow Stre .t Inc. B Vice idea � Treasurer Mortgage Acceptance by a Majority of the Planning Board of �} COMMONWEALTH OF MASSACHUSETTS , s s October 17 19 94 Then personally appeared before me the above named James M. Grifoni and acknowledged the foregoing instrument to be his free act and deed. pe' Notary Public My Commission Expires: / �f— COMMONWEALTH OF MASSACHUSETTS ,ss October 17, , 19 94 Then personally appeared before me the above named Richard Pelletier and acknowledged the foregoing instrument to be his free act and deed. Notary Public My Commission Expires.-. 4 of 5 ro COMMONWEALTH OF MASSACHUSETTS ass _,ss /f 199 Then personally appeared before me the above named ! C and acknowledged the foregoing nstrumen to be free act and deed. Notary Public My Commission Expires: COMMONWEALTH OF MASSACHUSETTS , ss , 19 Then personally appeared before me the above named and acknowledged the foregoing instrument to be tree act and deed. Notary Public My Commission Expires: w 5 of 5 TOWN OF NORTH ANDOVER, MASSACHUSETTS I DIVISION OF PUBLIC WORKS 384 OSGOOD STREET, 01845 GEORGE PERNA TELEPHONE (508) 685-0950 oIRECTOR PAX; (508) 683-9381 O 1 NAftit� teo ra tid 1 4 a V { 'n �SSACHtISEj November 14, 1994 Mr. Richard Nardella Ch. Planning Board 120 Main Street North Andover, Ma 01845 Re: Nadine Lane Dear Mr. Nardella; The Division of Public Works has reviewed the proposed plans of Nadine Lane revised to August 1 , 1994 , drawn by Christiansen & Sergi Inc. for Willow Tree Development. The plans were recorded at the North Essex' Registry of Deeds on October 26 , 1994 as plan number 12487. We have the following comments. 1 . Easements required for the drainage on lots 2 , 3 ,4, and 5 are not shown on the plan. 2 . Condition 8c and 8d have not been addressed by the applicant. 3 . We recommend that a bond amount of $203 ,945 .00 be set for completion of work in the entire subdivision exclusive of the side connection to Meadowood III . The cost of construction of the portion of Peterson Rd. within the Nadine Subdivision is $15,000. 00. Very{ y you 6J J. Wi liam Hmurciak: P.E. Assistant Director Division of Public Works JWH:bkc TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS UNIT PRICES NADINE LANE ITEM UNIT PRICE QUANT. TOTAL RELEASED RELEASED RELEASED BALANCE 11-14--94 CLEARING &GRUBBING L.F. $3.00 $0 $0 ROADWAY FILL C.Y. $4.00 3000 $12,000 $12,000 ROCK EXCAVATION C.Y. $25.00 $0 $0 SANITARY SEWERS 8" P.V.C. c 10' DEPTH L.F. $30.00 530 $15,900 $15,900 10" P.V.C. C 10' DEPTH L.F. $0 $0 12" P.V_C. c 10' DEPTH L.F. $0 $0 8" P.V.C. > 10' DEPTH L.F. $0 $0 10" P.V.C. > 10' DEPTH L.F. $0 $0 12" P.V.C. > 10' DEPTH L.F. $0 $0 MANHOLES V.F. $200.00 28 $5,600 $5,600 SERVICES L.F. $20.00 360 $7,200 $7,200 6" FORCE MAIN L.F. $25.00 $0 $0 TESTING L.S. $500.00 1 $500 $500 MAINTENANCE L.S. $2,000.00 1 $2,000 $2,000 TOTAL, PAGE 1 $43,200 $0 $0 $0 $43,200 TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS UNIT PRICES NADINE LANE ITEM UNIT PRICE QUANT. TOTAL RELEASED IRELEASED RELEASED BALANCE 11-14-94 WATER MAIN 12" C.L.D.I. L.F. $38.00 200 $7,600 $7,600 8" C.L.D.I. L.F. $34.00 610 $20,740 $20,740 6" C.L.D.1 L.F. $25.00 15 $375 $375 12" G.V. EA. $700.00 1 $700 $700 8" G.V. EA. $400.00 3 $1,200 $1,200 12" x 12" T.S. &G. EA. $3,000.00 $0 $0 12" x 8" T.S. &G. EA. $2,000.00 $0 $0 8" x 8" T.S. &G. EA. $1,200.00 2 $2,400 $2,400 HYDRANTS EA. $1,200.00 1 $1,200 $1,200 SERVICES L.F. $10.00 360 $3,600 $3,600 TESTING L.S. $500.00 1 $500 $500 MAINTENANCE L.S. $2,000.00 1 $2,000 $2,000 STORM DRAINS 12" R.G.P. L.F. $27.00 560 $15,120 $15,120 15" R.C.P. L_F. $30.00 $0 $0 i 8" R.C.P. L.F. $33.00 $0 $0 MANHOLES V.F. $200.00 21 $4,200 $4,200 CATCH BASINS EA. $1,000.00 4 $4,000 $4,000 CLEAN C.B.'s EA. $100.00 4 $400 $400 MAINTENANCE L.S. $2,000.00 1 $2,000 $2,000 TOTAL, PAGE 2 $66,035 $0 $0 $0 $66,035 ....... ........ ........................... TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS UNIT PRICES NADINE LANE ITEM UNIT PRICE 7QUANT. TOTAL RELEASED RELEASED RELEASED BALANCE 11-14-94 HEADWALL EA. $3,000.00 2 $6,000 $6,000 GRAVEL C.Y. $7.00 800 $5,600 $5,600 PAVEMENT BINDER S.Y. $4.00 1870 $7,480 $7,480 TOPPING S.Y. $3.00 1870 $6,610 $5,610 SIDEWALK L.F. $21.00 500 $10,500 $10,500 BOUNDS EA. $200.00 22 $4,400 $4,400 STREET TREES EA. $200.00 28 $5,600 $5,600 CURB GRANITE L.F. $11.00 $0 $0 BITUMINOUS L.F. $2.50 1200 $3,000 $3,000 GRADE, LOAM &SEED S.Y. $7.00 600 $4,200 $4,200 DETENTION AREA EA. $2,000.00 $0 $0 EROSION CONTROL L.S. $5,000.00 1 $5,000 $5,000 TOTAL, PAGE 3 $57,390 $0 $0 $0 $57,390 TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS UNIT PRICES NADINE LANE ITEM UNIT PRICE QUANT. TOTAL RELEASED IRELEASED RELEASED BALANCE 11-14-94 STREETS SIGNS EA. $300.00 2 $600 $600 CONVEYANCE PROCEDURE L.S. $3,000.00 1 $3,000 $3,000 AS-BUILT DRAWING L.S. $5,000.00 1 $5,000 $5,000 MISCELLANEOUS MITIGATION $3.20 6600 $21,120 $21,120 PATCH WILLOW ST EA. $1,000 4 $4,000 $4,000 OVERLAY WILLOW ST S.Y. $3.00 1200 $3,600 $3,600 TOTAL, PAGE 4 $37,320 $0 $0 $0 $37,320 PAGE 1 $43,200 $0 $0 $0 $43,200 PAGE 2 $66,035 $0 $0 $0 $66,035 PAGE 3 $57,390 $0 $0 $0 $57,390 PAGE 4 $37,320 $0 $0 $0 $37,320 GRAND TOTALS $203,945 $0 $0 $0 $203,945 KAREN H.P.NELSON ? TOWII O 120 Main Street, 01845 Director NORTH ANDOVER (508) 682 6483 BUILDING CONSERVATION s°ACKU DIVISION OF PLANK NG PLANNING & COMMUNITY DEVELOPMENT November 18, 1994 Mr. James Grifoni 240 Candlestick Road North Andover, MA 01845 Re: Nadine Lane - Lot 10 release for model home Dear Mr. Grifoni, The Planning Board voted to release lot 10 upon receipt of a five thousand (5, 000) dollar bond. The Board also voted to release the remaining lots upon receipt of a $203 , 945 roadway bond and a $15, 000 bond for the roadway connection to Meadowood III. The Board will need to review and sign a FORM J lot release for the remainder of the lots. If you have any questions please do not hesitate to call me at 682-6483 ext. 24 . Sincerely, �XWJ IW1��C?adley Kathleen Colwell Town Planner CC. G. Perna, Acting Dir PCD R. Nardella, Chair PB jpQ NOATh� KAREN H.P.NELSON Town of 120 Main Street, 01845 Director (508) 682-6483 a NORTH ANDOVER BUILDING ' CONSERVATION `®" c DIVISION or HEALTH PLANNING & COMMUNITY DEVELOPMENT Memorandum To: Bill Sullivan, Chairman, Zoning Board of Appeals From: Kathleen Bradley Colwell, Town PlannerA�ec_ Date: December 12 , 1994 Re: Willow Tree Development - Lot 4 Nadine Lane The Planning Board recommends that the frontage variance requested for Lot 4 Nadine Lane be granted. During the subdivision approval for this project, the Planning Board required the developer to provide access to the Meadowood Ill subdivision, and requested that the lot lines be kept as regular as possible. In complying with the Planning Board' s request, the developer lost frontage on Lot 4 . As such the Planning Board agreed to support the request for a variance on this lot. If you have any questions please let me know and I will supply any additional information that may be necessary. CC . G. Perna, Acting Dir PCD Planning Board i y f" TOWN OF NORTH ANDOVER 120 Main Street North Andover, MA 01845 Facsimile Transmittal Form Date: 4 , Addressee: Name. Firm: C►�Yl� Street: City: �� 11 Fax Num. : --M - `t From: Name: Dept: Community Development and Services 146 Main Street North Andover, MA 01845 Telephone: (508) 688-9535 Fax Number: (508) 688-9542 Total Number of Pages, Including Cover Sheet: Additional Comments: ............. N _ . �. ........... ................................. LOT LOT. L�� WT 7 LOT 2 LOT for I 'LOLZO Ulf-I a 141f mrADowwo RLALry MST J.1 ars To 7? Cl irAocw000 REALTY TRV.57 0 A44LCOLM PETERSON LaT 4 N/F CW+XLES ANNRLORO LOT 5 LOT 8 Ins N/F WINNlFR LL EA GAAM LOT 8 LAND LOT 7 LOT 2 ,, LOT 15 LOT 14 �£ G LOT 1 i LOT 8 9 LOT 13 LOT r LOT 1 Q L0, T 17 � .�-�-�� LOT 12 LOB"_20 LOT I LOT__19 N/F MEAOOWOOD REALTY TRUST N/F JAMES TOWLE Obi _ .. NADINE LANE N/F U600WOOO REALTY TRUST Q � e KEY MAP SCALE: 1"= 100' '}!; t'.td+,l}, ! CITIES, TOWNS AND DISTRACTS t' SU1311 in 1'eCCipt ig-Med by town clerk or his office that boal-cl alight have ellred (lie infornial!tie.`i� A '' t ki Y CVBIII following personal verification of facts Willl of- would not be heard Ir/colltvlld that such ndillin- t' lice of nloninhrg board precluded any passibility ktralivc action did iui( constitute final boattl r ° •t't l'f. sho tliat {)laic so described could 11ave bccu one of action. Pieper 4; Planlii)g 13d. of Snnlbbor- puhli& other, puns filed.by petitioner wills the board ougki ([96o} 163 N.13.2d i f; 340 Mass, 157, SUCI] and received in evidence where none of other ' + r - Where EliSal)prut'il€ tvilhont it hcarhig of lotto �i ment4i { c l;; such plans referred to lot 33; and pinnnil19 subdivision plan is intended by town planning i a1 director's testintolly to Contrary, bases!solely on hoard as filial action, and such disapproval I , app cl'; r i}',{{� ri what appeared In minutes of hoard and on takes place within the 45-clay period referred to ; copy t% ^• ,,,,,,.f cgllversatiolls which lie had hail will' nlenlbi'.f-s ill§ 8 1 U of lilts cha er that failure of board la of board, was properly disregarded. Devine v, i j' clefiltit'', 3 TowTown Clerk of Plymouth 1975 327 N.la,2d 898 fake Final action w€thin 4S clays after submission Serve n Clerk f Ply ( ) of plan shall be deemed as approval thereof, the disapproval constitutes final board action, at treater' Hvidence justified conclusions that subdlvl- least if taken otherwise in accordance with' on al]) stop plan ltad been approved that applicants § 81U of this chnpter and those entitled to ap• a stlbd' ,.� I"i�•' had agreed that stree( in subdivision was to be peal front such action may proceed following a" open way and that it was not contemplated such a disapproval, and, therefore, niere (act to bC, that street Ile closed to traffic desiring to use that ap�ilicant is entitled to n hearing before system way lawfully, City of Medford v, Dlpillppo board does not make failure to afford him a eft (l954} i97 N.1 .2;1 794, 347 Mass. 327. hearing constitute all approval of plan upon l (tC:' is• sit}; Fli -i: . expiration of the 45-day period and the 20-day ', I1Cal:kl' 5, Flnnl board action appeal period. Pieper V. Planning tad,of South- l)Iati11E t.cttcr whereby town planning board, wlth borough ilt & (1960) 163 N.L•.,2d 14, 340 Mass, 157. i i �? eo (lays subdiv y f application for approval of subdivi' sion plan, disclosed intention finally to disap• 6, Review the rcc prove plan constituted filial board action, de- oil appeal from decision of planning board or Shad pi p g spite fatltue to }told public hearing, tDoliner v. approving proposed subdivision, ud c's Proper 1 g i p r Shall Plnrnling 13d, of Mils (1961) 17S N.p.2d 9t9, roe was to determine wbother, on facts foluid 341 Mass. 1. by hbn, bonrd had exceeded its authority in t regulal 'Fills section and § 81U of this chapter are to approving plan a€red at In bile liearing; Ili oi' offi be read together and entitle an applicant to a course of that process,judge should have deler- antetxl hentl"g wlthln 45 days After stibmissign of the milled whether plan.conformed to rules And lanllif plan, and, In absence of applicant's waiver of a regulat€ons of planning board and to recom-- ' is°` vi' hearing, [lie hearing is contemplated before any mendatons of board of licalih, and if there wtts cop} C3 s,: t t�„I board aclloii, tn-lot, to a disapproval by the such' eomliliance and conformance, judge Shall s t I�ii ,!ti board, or prior to action by,applicant trenting should hadc'dctei-mined That board'did hot ex-advel,sc board action taken]widow a hearing a5 seed its authority ill appt'iiviiig plan.'' SO-And V. E,t ITj final action. Picpel• v. Viaruning.Bd. of Smith. Planning 'Bd. of Subdury (1977) 358 N.L.2d.' borough (1960) 163 NX.2d 14, 340 Mass.' 157, 842, 5 Mass,App: 18, appeal after remand 390 dotes ' N.I ,2d 114 i, 7 Mnss,A p i 935,Where town planning board failed to comply I i' cattdit i precisely whit § 8IU of this chanter pertaining Neither building [nspccloi• nor board of a P to filing tviElp town clerk, ccrllflcnto of bonrd's penis could grant Permit so long ns subdivisloll design l ,'�•`F action with regard to subdivision plan and to plan notation remained prohibiting construe- approv "tailing to applicant, by reg[s(cred niail, notice tion, and applicant's remedy was by appeal duties �l , of such Action, applicant who was only one from planning board's action, rather than ac- ` t;+,t rt,. affected by the lufot'ntafities of the board's ac• tion to review dental of permit, even if res(ric- Ahat llc {{; lion, who, In his bill in equity against board ]ion had been Imposed without compliance with' alleged that board had disapproved the plan, Rearing requirements oh' were Invalid for ally' and who, by filing kits bill during 45-day period other'reason. Marino v. 13d. of App. of Beverly duly si avallable for board action,eliminated possibility (1974) 311 N.E.2d 580, 2 Mass,App. 859. the fail i:a i l ji fl § 81U. Approval, modification of disapproval of plats by board; pi.et egttt- ar tow sites for decision t� ted by When a definitive plate of a subdivision is submitted to the planning hoard, as �itrle a; provided in section eighty-one O, a copy thereof shall also be filed with the deenm board of health or board or officer having like powers and elutes, Such heal filed fc board or officer shall, within forty-five days after the plaid is so filed, report to yJ In tl the planning board ill writing, approval or disapproval of said plan, and, in tie prelin.ti 682 }lK { 4 F •iq j SHUCT4 SUBDIVISION CONTROL 41 § 8fU Y.. Will II,.+I '"' � ` event of disapproval, shall make specific findings as to which, if any, areas shown on such plan cannot be used for building sites without in ury to the if S,,,,il+.. public llealth, and include such specific findings and the reasons therefor ill ! ', such report, and where possible, shall slake recommendations for the adjust- I { ments thereof. Failure of such board or officer to report shall be deemed i r approval by such board or officer. Such health board or officer shall send a I r ili�n;'t'I u I icfc+r. r *I copy of such report, if any, to the person who submitted said plan, When the definitive plan shows that no public or community sewer is to be installed to p p Y i divi+••lr +l., serve any lot thereon, approval by a board of llealth or officer shall not be j ,i iItlj'.It ,r i; treated as, nor deemed to be approval of a permit for the construction and use on any lot of in individual sewage system; and approval of a definitive plat] for 1tifleil If, r(' cl 1u11'I•., •,� !{ a subdivision by a board of health or officer shall not be treated as, not- deemed to be, an application for a permit to ConstrLict or use an individual sewage R ; it ll,i; !'�' •* iF system oil any lot contained therein. After the hearing required by section ci ht one T and after the report of said { 1� the health board or officer or lapse of forty-five days.without such report, the ' �11:I„ I�' planning board shall approve, or, if such plan does not comply with the 3 ' 'I' subdivision.control law or the rules and regulations of the planning board or 1 1 the recommendations of the health board or officer, shall Izlodify and approve :iiljl,R 1.,.M,e `.i- or shall disapprove such plan. In the event of disapproval, the planning board '{+'•+'' r';'T"' a.. shall state in detail wherein the plan does not conform to the rules and j � t R:1C It tl' 't,r regulations of the planning board or the recommendations of the health board }IE'm11Ia It of officer and shall revoke its disapproval and approve a plan which, as amended conforms to such rules and regulations or I'CC{pIlill]eIldaliQns• Tile , " lulr, ►•,4 I ! Il ' planning board shall file a certificate of its action with the city or town cleric, a lifiRt1,.I C " copy of which shall be recorded by him in a book kept for the purpose, and shall send notice of such action by registered nail, postage prepaid, to the kkI , I fled M"I +► i.. j i 4Rlyr+1 . ! applicant at his address stated oil the application, 'i�I•,ti,� +�^r z, If the report of the board of health or board or officer having like powers and duties shall so require, the approval by the planning board shall be oil condition that no building or structure shall be built or placed upon the areas ;. .; uhlli,"+ designated without consent by such board of health or officer, In the event f � i l+ill if .f � E' approval by the board of health or board or officer having, like powers and ' il,t ltl:+rl s duties is by failure to Ill'ake a report, the planning board Shall note oil tile plan i "ll it +Cl•,4: , that health approval is by failure to report. In e case o a nonresidential subdivision where a preliminary plan has been r' did („r the f l r„+ °`;; fli ttt,rlA+ �`�� duly submitted and acted upon or where forty-five days has elapsed since <,I submission of the said preliminary plan, and then a definitive plan is submitted, the failure of a planning board either to take final action or to file with the city i ilrereltul r: or town clerk a certificate of such action regarding the definitive plan submit- ted by an applicant within ninety days after such submission, or such further sal time as may be agreed upon at the written request of the applicant, shall be EFir Im,+lcl �► Y 6'' p cl pp 9 ,6111 01,1 deemed to be an approval thereof. Notice of such extension of time shall be r� � filed forthwith by the planning board with the city or town clerk. In the case of a subdivision showing lots in a residential zone, where a rid. i!I li�+ preliminary plan has been acted upon by the planning board or where at least 683 { M MM��M� s i l .y 5 41 § 81 U CITIES, TOWNS AND DISTRICTS �;+ ij'tp ' • # I l� SUIID fort five days has cla psed since submission of the preliminary plan an a )lli- Y- Y l 1 ►J' i i 1 gr•antc! cant may file a definitive platy. The failure of a planning board either to take the cltn final action or to file with the city nl, town clerk a certificate of such action oil E the definitive Ian within niilct a s after sue ; €y 't, (4) 1 p Y etY h submission, at• such further Y � time as may be agreed upon at the written request of the applicant, shall be 1, `: record v,r deemed to be an approval thereof. Notice of such extension of time shall be i p filed forthwith by the planning board with the city or town clerk. j the Leila and s1` the case of a subdivision showing lots in a residential zone, whelk no opiniol preliminary plan has been submitted and acted upon or wljere forty-five (lays consti's: j'.4 has not elapsed since submission Of such preliminary plan, and a definitive plan , is submitted, the failure of a to take final action o lailrlin l board Otherr to fil ment e s p J the apt with the city or town clerk a certificate of such action regarding the definitive rovicic' n ve p I'MN' plan submitted by an applicant within one hundred thirty-five days after such q}} the apt; fiUl]nriSSlnll, or SU(1r further (lnlc q5 maybe agreed upon at thG wl'1itCt1 1'CCttiest i, of the 1, } licant, sliall be deemed to be ail approval thereof. wotice of suclr s tlOn 1�+1� I I . t p � t•p # .I s extension of time sliall be filed forthwith by the planning board with the city or Any 1 s `, , '' town clerk. ! quirecl Be.fare endorsement of its a aroval of a _.tan, a' �lanniii board shall rcc iiltC ° carEtain '" t to that llle construction a ways and 111c iinstallation of municipal services '.bc :, The 1 r� i' secured by anc, or in pant fly one. `ail( in park by another, of the ill cthods under described in the following .clause .' (1), (2}, (3) and (4) wliicli nletlrocl or i under- c combination of methods may.be selected :and frck time to time varied by t)ie cost inc {,�ft'sti' applicant. Such at, (1) By a proper bond, sufficient ': in tine opinion of `the planning: to ;, banded, l;f ;ttt+{'i'' secure per forniaxrce nC rile cons(Net.ion of 'ways and the installation.of muttici work rc ' �n if pal services required.for lots.in the stibdivrsinn shown on the plain and t1tt: Upon' i planning board may require drat tlic applicant specify the time within t�hich ij=+'� ;r tntinicil, "s` t such construction.shall'be completed. : board, (2) By a deposit of money or negotiable securities, sufficient in the opinion or covenar the planning board to secure performance of the construction of ways and the al?plicai l:.11 pliinnina'installation of municipal SOi'Vi(:GS i'Cgllil'CCl for lots in El1G SlrlJdtVi310n 3ho\Vll (ls! tine plan, and tine planning board may require that the applicant specif}' tilt �, ; ';, connect lime within which such construction shall be completed. ,r complcl � ,�'' contain (3) By a covenant, executed and duly recorded by the owner• of record, �t`' ;'' said conl''. t+ running with the land, whereby such ways and services shall be provided to ( t_ Of the to serve any lot before such lot may be built upon oi- conveyed, Other than by ',3`It' Purtiishc Mortgage deed; provided. that 'a Mortgagee who acquires title to the mnrtgfl�Ci) aC1CriOl�'ll 7F flz.', I I;.,•: promises by foreclosure ot• otherwise and any succeeding''owncr of tiill,It construc promises or part thereof may sell any sue], lot, subject to that portion of [lie Sent b i covenant which provides that no lot shall be built upon until such ways and Y services have been provided to serve such lot; and details �� provided, further, tlirtt and regu nothing herein shall be deemed to prohibit a conveyance by a single deed, b said subject to sucli covenant, of either the entire parcel of land shown oil the Y lerrrrinat s�u? subdivision plan or of all lots not previously released by the planning board. ,i covenant deed of any part of the subdivision in violation hereof shall be voidable b}' the t S84 s without . r] 13 ii,i k } is I } 'rr SUBDIVISION CONTROL 41 § 81U q grantee prior to title release of the covenant but not later than three years from the date Of SLIC11 cited, (4) By delivery to the planning board of an agreement executed after the .is ,It 1-ccOrdillig of it first mortgage covering the premises shown oil the plan or a Portion thereof given as security for' advances to be made to the applicant by tile lender, which agreement shall be executed by the applicant and the lender and shall provide foi- the retention by the lender of funds sufficient in the j opinion of the planning board and otherwise due the applicant, to secure the construction of ways and the installation of municipal services. Said agree- I%c nient shall also provide for a schedule of disbursements which may be n1adc to the applicant Upon CoIllpletion Of various stages of the work, and shall further provide that in the event the work is not completed within the time set forth by the applicant, any funds remaining undisbursed shall be -.Available for cll tion, its Any covenant given u)lcicr the preceding paragraph and any condition re- I quired by the health board or officer shall be either inscribed on the plan or contained in a separate document, referred to on the plan. tl N It I'll, The penal sumof any such bond held under clause (1) or any deposit held I I under l (2) or any amount of furlds i-etained pursuant to an agreenil 1 under clause (4) sliall bear a direct and reasonable relationship to the expected cost including the effects of inflation, necessary to complete the subject. work, Such amount or amounts shall from time to time be reduced so that the amount bonded, deposited or retained continues to reflect the actual expected cost of' work t-eniaining to be completed. 11lid 040 j Upon the completion of the construction of ways and the installation of Ili Nl nitinicipal set-vices fil accordance with tile MICS acid MgUlations of the planning board, SCCL1ri(y for the performance of which was given by bond, deposit or COVIOnallt, 01' LIP0111 tile Pel-forillance of any covenaiiL with respect to any lot, the d applicant sliall send. by registered mail to the city or town clerk and the mi I'll 1, ? Pintining board a Ill statement that the said construction or iiistalladort in connection Willi which Such band, deposit or covenant has been given has been coil] Pleted in accordance with said rules an(] regulat.ions, such statellient to I. contain the address of the applicant. If the planning board determines that said construction 01' illStallation has been completed, it shall release the interesi, 16dl 1�45 of the town in such bond and return the bond or the deposit to the 'Pei-soil XvIlo furnished the sanic, or release the covenant by appropriate instrur"Cilt, dL11Y f VI r t acknowledged, which may be recorded. if the board determines 'that said construction or installation has not been completed, it sliall specify in a nolice )n (I sent by registered mail to the applicant and to the clerk of the city or town the details wherein said construction or installation fails to comply with its rides and regulations and upon failure so to do within forty-five days after the receipt by said clerk of said statement all obligations under [lie bond sliall cease and J 11 oil terminate by operation of law, any deposit shall be returned and any such covenant. shall become void. In the event Lhat said forty-five day period expires )1e I'll Without Such SI)CCification, or without the release and return of the band or 685 U <'14 41 § 81U {, CITIES, TOWNS AND DISTRICTS ; SUB; ill} l:c i =� 1�Y 111�14� i� YID 3 fA d, } ; return of (Ile dCpUSlI Or E'ClCase of the covenant as afol-CSaid, the said clef lc shall ' such 1 r{ r,'a; t : � issue rt cct•til•icatc to sttcir cfl'cct, dttl� acknowledged, which may be rcccsrdccl,' r �� apltl't45': Any such Bond may be enforced and any such deposit may be appiied by tllc � llFtj,sc, , ., - planning board for the benefit of such city or town, as provided in section tS first sc ; eigit(y-one Y, upon failure of the performance .for wiliclt any such bond or, cedhr€, "j�;, . ;' I deposit was given to the extent of the reasonable cost to such city 01- town ofwi offtcCl u airl °�51l4 completing such construction and installation. t �� cln I)i ' l an town which accepts the provisions of this paragraph, the proceeds of + Secli' ally such bond of deposit shall be madc available to the town for expetldrtlll'c to ;'; paragr.. meeL the cost and expenses of the 1111111lciptZlity in completing the work as A. � � in [lie St. I specified in the approved plan, If such proceeds do "tat exceed I , I one ]ltlndred t parng"c thousand dollars, the expenditure may be made without specific appropriation' er"ant uncle" section fifty-three of chapter forty-four; provided, however, that such t 1 I methos cxl)eluliltn'c is approved by the board of selectmen, The provisions or this , ntoncy. paragraph apk► shall not apply to cities or to towns leaving town councils, "bond" F I be con `1" +ii ' '' `< ]3cCo1 c it) >roval of a plan b a planning Y board, said board shall also in ' spec(fy�' � plan Y pt b � 1 1 1 proper cases require are plan to show a park or parks suitably located for } Inserter a {3} art,playground or 1•ecI•catiole purposes or for providing light and air and not Iz ; ',', i unreasonable in area in relation to the area of the land being subdivided am] se5elltii'. •� 4 , l' thereto ,', f ire l)rosl)cclivc uses of such lance, and if so determined said board shall bY! I .t appropriate endorsement on the plan regUire that no building may be erected. "The 1.ti ntltou,tt' �l l oil such park of parks for a Period of not more than three years without its t It 1 approval. above, 1 the play, 11 t CA + , Added by St.1953, c. 674, § 7. Amended by St.1955, c, 324; St.1958, c. 377, § 1; �' parties js "Y k,il f i. 1t St.1960, c, 153; St,1960, c. 266, § 2; St.1963, c. 299; St.1963, c. 581; St.1964, c. 105, ` or Ill pa, § 2; St.1965, c. 62; St.1967, e. 567; St.1972, c, 749, §§ 1, 2; St.1978, c• 422, §§ I, 2; Secri,. St.1981, c, 421, §§ ( to 3; St.1986, c. 699, § 2• St.1987 c:. 236• St.1988, c. 245;' the nillt'. a , ;I it7q St,1990, e. 177, § 125. "Foil( f� I13 1 11'� q•• covel ` portion Historical and Statutory Notes I t ' be [lead, St,1972, c. 749, § I, 0p1)roved July 17, 1972, po"t, if an,y, to ale parson who submilted snid 1)lannini I i' rawrulc� teas+ ftl'al pllrngrnp t, whlch pl-lol•Ihet•clo pllul. i Ir from tit(. 1 } ,•cote: I ant to s 1 Section 2 of SLIM, c. 749, in the second ,, "When a definitive 1[arl of a strbclivisioii is paragra ll, rewrote (lie first senience, Which � bond or,submitted to the plallning hoard, as provides! Ili prior thereto react, "After 1 pla the hcnring "cyllircd ne€ ll. '.'I, Wcticill 810, a copy thereof sltall also be filed 1)), section eighty-ogle T and after the report of ning bo11 with the board of health oi- board of officer said health board ot•officer or the lapse of folly. by the a having like powers and ditties. Such health five days withold such report, the plaltulrlf Vide For l ' ! r; ,IkS+ board or officer shall, within forty-five clays bosll•d shall approve, or, If such plats sloes not" funds ell'. t•1; �': after the plan is so filed, reporl to the pinnning comply with the subdivision,colal-ol law tu' the board in Writing approval or disapproval of said "'tics and regulations of the planning boaltl or j) Ayr,: "i+,i 1; 1 plan, and ill the event of disapproval shall make fete 1'CCDII]n1C11CIaIItlnS of the health board or 1 l:l tv )l I Y j` i1 specific findings as to whiter, if any, of lire lots office-, shall modify and approve or stall disnp• Adntin shown oil sllch plan cannot be 'tSed for•brlddtn prove such lan." + (' g p ti Ann.Sucz sites without injtiry to the public health, and St.1978, c• 422, § 1, approved July 13, 1978,i Appeal. +r i nchlde stick spe cific findings and the reasons in the first pal'agraph, in the second sentence, c 1 } division tlercrol. ill such report, alid, wheVe possible, insetted within forty-five days after Illy plan °' t } Steal) make 1--lnl[lelldat€tills for the adjustment is so filed,", substituted "areas" for "of the Surv,ma..' Illercof. I nilure so to report shall be deemed lots", deleted "providecl, however-, if a munict• ' y Appi'm approval by such board or officel•. Such health pal sewerage system will service tie prollowd Richard i boatel or olficer slltlll scud a copy of t,ltcll re- sIll)divisfoll, then failure of the board In mnlae (1454). ,f)r" 686 a r' I r11,, )r 1 •,)€air , ,:{,',;..'� . 1. f4 S: