HomeMy WebLinkAbout1986-09-02 Legal Documents r
COVENANT
I:NOW ALL MEN by these presents that the undersigned has
submitted an application dated August 20, 1086, to the
North Andover. planning Board for approval of a Definitive
Phan of a subdivision of land entitled Orchard Path Estates,
''Definitive Plan -- orchard Path Estates, Owner and
Developer, H. Michael Smolak and Stephen Smolak, 315 South
Bradford Street, North Andover by John. Callahan Associates,
166 N: Main Street, Andover, Massachusetts, and Richard E.
Kamini0ka and Associates, 200 Sutton Street, No. Andover,
Massachusetts, Consulting Engineers, July 1086, revised
November 11, 1086, and January 27, 1087, Sheet 1 of 6,
Scale: 1" = 401 , The Owners and Developers have transferred
the subject parcel to the Orchard Realty Faust:, -George It.
Darker, Jr., Trustee u/d/t dated December 30, 1086, for the ,
benefit of the Apple Development Corporation, H. Michael
Smolak and Stephen Smolak, owner, The undersigned have
requested the Planning, Board to approve such plan without
requiring a performance band.
IN CONSIDERATION of said Planning Board of North
Andover in the County of Essex approving gid plan without
requir og a performance bond, the Undersigned hereby
covenant and agree with the inhabi.tAnt_s of the Town as
follow
1 That the undersigned Trustee 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 . of the land except for .the one currently held by
the Bank of New England of Boston, Massachusetts on
record at the Essex North District Registry of Deeds
recorded at Book 2416, Wage . 162. Said Bank of New
England has assented to this contract; there also is a
mortgage held by H. Michael Smolak and Stephen Smolak,
and said . mortgage is , on record at . the Essex North
District Registry of Deeds, recorded at Book 2394, Page
123. Said Mossro, Smolak have assented to this
contract.
2. That the undersigned will not -Sall ' or convey any lot
in the subdivision. or erect or place any permanent
building on any lot until the construction of ways and
installation of municipal services nocenGAry to
3
adequately serve such lot has been completed in
accordance with the covenants, conditions, agreements,
terms and provisions as specif:ind in the following-
The Application for Approval of Definitive Plan,
(b) The, Subdivision Control Lava and the Planning Board's
Rules and Regulations governing thin subdivision.
(c) The Cortif.icate of. Approval and the conditions of
approval specifima therein, josapd .by the PlanOng
Board, ' da ted December 18, 1086.
d) The Definitive Plan do approved and as qualified by the
Cortif.ic:ate of Approval.
However, a mortgagee who acquires title to the
mortgaged premises by .foreclosure or otherwise and any
succeeding owner of Lhe mortgaged premises or part thereof
may sell or convey any lot, subject only to that portion of
this covenant which provides that no .lot sold or conveyed
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
shill 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 ?hall be doomed 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:
3 That the undersigned agrees to record this covenan!
with the, Esser: (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 Dof-J, lit. ve
kk yy i
f f
Subdivision Plan as approved.
7. A deed of 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
(S) years from the date of such deed, as provided in
Section 81-- U,Chapter 41, M.G.L.
S. That this covenant shall be oxeQuted before endorsement
of approval of the de. ANtive plan. by the Planning
Board and .shall take effect upon the endorsement of
approval.
Said covenant shall expire two years from. the data of
endorsement of the definitive plan.
9. Upon the final completion of the con truct inn of ways
and installation of mudicipal service, as :specified 1.-
herein, on or before March 3C], 1989 the Planning Board
shall release this covenant by an appropriate
instrument, duly acknowledged. Failure to complete
construction and installation within the time specified
s
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. rosci:3sion of the
approval of the Plan. Upon perfovmance of this
covenant_ with respect to any lot, the. Planning Board
may rrilea:ge such lot frnm , i.his covP.nant by an
appropriate' .instrument duly recorded.
10. Nothing herein shall prohibit the applicant from
varying the method of securing the construction of way
and installation of municipal services from time to
time or from securing by one, or in part by another of
the methods described in M.G.L ., Chapter 41, Section
81--U, as long a6 such security its ,tiffi:ciont in the
opinion of the Planning Board to secure performance of
the contruction and installation.
For title to the property, see deed of Coventry
Doyelopment Corporation to H. Michael Smolak. and.
Stephen Smolak, dated December 30 1086, and recorded
at said Essex (North) Registry at Book 2394, Page 115.
See also the deed of H. Michael Smolak and Stephen
Smoalk to Georgr� R. Barker, Trustee, dated December 30,
1.986 and recorded at said Registry at book 2304, Page
122, and the deeds of H, Michael Smolak to George R.
Barker, Trustee dated March 11, 1987, and recorded at
said Registry at Book 2443, Pago 205, and at Book 2443,
Page 206. See also Indenture - of the Orchard Realty
Trust. , established December 30', 1086, and recorded at
said Registry at Book 2394, Page 116,
TN WTTNESS WHEREOF we have hereunto set our hands and
seals this Y day of y 1087.
ORCHARD REALTY TRUST APPLE DEVELOPMENT C RP.
B
H. Michael STI1olak,
By: _ _._ _.� -. Px'ew.7.dcnt ,
... George R. Barker, i ustee Co AJIA
r it 3/ 1186
H. Michacl Sma Pik' wr r�ti r00.1pe
1"tt,44-e1 l�' 6--Po.y P.
. 7-v3t"O RS rt4rPSF1d 41,�f rfP"i
Stcphen Smolak ��� F'.<< icc -C., o(
.ACCEPTED BY A MAJORITY OF THE
- �/u T'R/P y ram✓j� �
PLANNING BOARD OF THE TOWN OF
NORTH ANDOVER,
v"
April 17 ,. 1987 Essex, SS
Then appeared the above-named
Member of the North -Andover Planning B rd, a d stated that this was
their free act and deed, before me, `
Notary lic My Commission expires
t
Ra.nk of New Rmiland hercin <--tb4)rr rcfc,,red t:a .a
]lt]Z`f_C� IC�CL �1fi^aC?iSfi'; to t:1-ic above covC7lltln is and Conditions, and
a;rcoo 3 to k�c bounr� tl.zcrcl�y.
Bank of New England
x
;s . ac:h ae). maal: and tr'phcn Umalak hcroi.nabave
referred to as mor tgageos assent . to the above covenants ,-:nd
condst:ic),n:; ra.r►d agrec, to be }wound thereby.
r7achar-:.l Omalak
Stephen Smolak
DRAINAGE EASEMENT
KNOW ALL MEN BY THESE PRESENTS that T, George R. Barker, Jr.
Truss,tee of the Orchard Realty Trust, u/d/t dated December
30, 1086, and recorded at the . Northern Esf3ox Registry of
Deeds at Book '2304, Page 116, hereinafter referred to as the
Grantor, do hereby grant to the INHABITANTS OF THE TOWN OF
NORTH ANDOVER, a perpetual easement to construct, maintain,
�7 repair or alter the drainage pipe and the drainage ditch on
o the parcel of land identified as the 11201 WIDE DRAINAGE
o EASEMENT" across Dot 1 as shown on a plan of land entitled
d "DEFINITIVE SUBDIVISION PLAN OF ORCHARD PATH ESTATE LOCATED
IN NORTH ANDOVER, MA". Owners: H. MICHAELr SMOLAK AND
STEPHEN SMOLAK, 315 SOUTH BRADFORD STREET, NORTH ANDOVER,
MASSACHUSETTS, RRCHARD F. KAMINISKI AND ASSOCTATFS, INC.,
v CONSULTING ENGINEERS, SCALE 1" = 401, NOVEMBER 11, 1086,
FA REVISED J'ANUARY 27, 1087, and recorded at said Registry as
u) Plan No.
cd The above-.granted rights being more particularly described
ay the perpetual right within said parcel to construct,
maintain, repair, and replace drainage works, conduct y
-�' drainage and to make such entries thereon and therein as may
4 from ti33,C! to time be necessary or convenient for the
w fulfillment of those purposes, specifically acknowledging
that said TOWN OF NORTH ANDOVER shall be responsible. only
for the replacement an-d . reg.rading of the cover of any trench
rd opened for thO purpose of the fulfillment of these purposes,
and said TOWN shall not be responsible for extensive . repairs
to landscaping and/or replacement of structures b3ailt upon
o the parcel of .land subject to this easement.
Being the same promises conveyed to Grantor by three deeds,
o dated Decomber 30, 1086, and retarded at said Registry at
Bool; 2304, Page 122, and, dated March 11, 1{l87 and, recorded
at said Registry at Book 2443, Page 205, and Book 2443, .Page
206.
o Witness- my hand and seal th ay of �/ r�/, 1087.
o
a ��_z //� A
R
Georg . Barker, Jr.
FA
Trustee of Orchard Realty Trust
0
COMMONWEALTH OF MASSACHUSETTS
Essex, ss Ire � 3 1937.
Then a-ppeared the above mimed George R. Barker and
acknowladged the foregoing instrumextit to 1) his frF-- ��ct and
bof-ore mu-
NOTARY PTJPLIC . � �, � �
My commis.sinn expires:_
DRAINAGE EASEMENT
YNOW ALL MEN BY THESE PRESENTS that I, George R. Barker, Jr.
Trustee of the Orchard Realty Trust, u/d/t dated December
30, 1086, and recorded at the Northern Essex, Registry of
Deeds at Book 2394, Page 116, hereinafter referred to as the
'Grantor, do hereby grant to the INHABITANTS OF THE TOWN OF
NORTH ANDOVER, a perpetual easement to construct, maintain,
repair or alter the drainage pipe and the drainage di ch on
the parcel of land identified as . the "20' WIDE DRAINAGE
EASEMENT" across Lot 2 as shown on a plan of land entitled
"DEFINITIVE SU)3DIVISIONr PLAN OF ORCHARD PATH ESTATE LOCATED
IN NORTR ANDOVER, MA". Owners: H. MICHAEL SMOLAK AND
STEPHEN SMOLAK, 315 SOUTH BRADFORD' STREET, FORTH ANDOVER,
MASSACHUS'ETTS, RICHARD F. KAMINISKI AND ASSOCIATES, INC.,
CONSULTING ENGINEERS, -SCALE 1" = 40', NOVEMBER 11, 1086,
REVISED JANUARY 27, 1987, and recorded at said Registry as
Flan No,
z The above- granted r._fights being mare particularly dersc3ribed
.as the perpetual right within said parcel to construct,
maintain, repair, and replace drainage V4arks, conduct:
drainage and to make :such entries thereon and therein as may
from t:i.mn to time be nccew.*.,ary or convenient for the
fulfillment of those purposes, specifically acknowledging
that said, TOWN OF NORTH ANDOVER shall be responsible only
or the repl.aceinent and regrading of the cover of any trench
-opened for the purpose of the fulfillment of those pur posna,
and said TOWN shall .not be responsible for eXtenGive repairs
w to landscaping and/or replacement of structures build: upon
the parcel of land subject to this casement.
4-3
w Being the same premises conveyed to Grantor by throe deeds,
'd dated December 30, 1986, and recorded at said Registry at
Book 2394, Page 122, and dated March 11, 1987 and, recorded
at said Registry at Boot:. 2443, Page 205, and Book 2443, Page
O 296.
Witness my hand and seal theS lay of IV 1987,
o
G .org R. Bair.ker, Tr. -
o Trustee of Orchard Realty 7-Trust
cd
U
as COMMONWEALTH OF MASSACHUSETTS
Essex, :.ems _3 1'J87.
wThen appeared the above named (3earge. R. Barker and
acknowledged the foregoing instr:mont to be his fr r_e act and
deed before. me
NOTARY PUSLIC
My coin miosion e, p- res,:
DRAINAGE EASEMENT
KNOW ALL MEN BY THESE PRESENTS that 1, George; R. Barker, Jr.
Trustee of the Orchard Realty Trust, u/d/t dated December
30, 1986, and recorded at the Northern Essex Registry of
Deeds at Book: 2394, Page 116, hereinafter referred to as the
Grantor, do hereby grant to the INHABITANTS OF THE TOWN OF
NORTH ANDOVER, a perpetual easement to construct, maintain,
repair or alter the drainage pipe and the drainage ditch on
the parcel of land identified as the 1120' WIDE DRAINAGE
EASEMENT" across Lot 3 as shown on a plan of mind entitled
"DEFINITIVE SUBDIVISION PLAN OF ORCHARD PATH ESTATE LOCATED
TN NORTH ANDOVER, MA". Owners: H. MICHAEL SMOLAK AND
STEPHEN SMOLAK, 315 SOUTH BRADFORD STREET, NORTH ANDOVER,
MASSACHUSETTS, ' RICHARD F. KAMINISKI AND ASSOCIATES, INC.,
O CONSULTING ENGINEERS, SCALE 1" -- 401, NOVEMBER 11, 11986,
REVISED JANUARY 27, 1987, and recorded at said Registry as
Plan No.
The above- granted rights being more particularly described
as the perpetual right within said parcel to construct,
maintain, repair, and .replace dr. ai.nage works, conduct
drainage and to make such entries thereon and therein a'.�; muy
from time to time be necessary or convenient for the
fulfi.11mCnt of those purposes, specifically acknowledging
that said TOWN OF NORTH ANDOVER shall be responsible only
for the replacement and regrading of the cover of any trench
opened for the purpose of the fulfillment of those purposes,
cd and said TOWN shall not be responsible for extensive repairs
w to landscaping and/or replacement of :struct-ures built upon
the parcel of land subject to this easement.
Being . the same premises . conveyed to Grantor by thane deeds,
dated December 30, 1936, and recorded at said Registry at
Book 2394, Page 122, anal- .dated March 1.1, 19,97 and , recorded
at said Registry at Book 2443, Page 295, and Book 244u, Wage
0 206.
m
+, Witness my • hand and seal the3 y of l�`'`/, 1987.
o (/
0(:or ge , Barker, .7r. ,
0 Truste_ of Orchard Realty Txu �t
U
P
COMMONWEALTH .OF MASSAC%HUSETTS
Essex, ss r r f - ios7' .
A Then appeared the above named George R, B artier Z)nd
acknoWlodge'd the foregoing instrument to be hin free .act and
deed bofr ile me
NOTARY PUBLIC
My commisc ion exid r
DRAINAGE EASEMENT
KNOW ALL MEN BY THESE PRESENTS . that Z, George R. Barker, Jr.
Trustee of the Orchard Realty Trust, u/d/t dated December
30, 1986, and recorded at the Northern E, eg Rcgi.3try of
Deeds at Book 2394, Page 116, hereinafter 'referred to as the
Grantor, do hereby grant to the INHABITANT' OF THE TOWN OF
NORTH ANDOVER, a perpetual easement to construct, taintain,
repair or alter the drainage pipe and the drainage ditch on
the parcel of land identified as the "20' WIDE DRAINAGE
EASEMENT" across Lot 5 as shown on a plan of land. entitled
"DEFINITIVE SUBDIVISION PLAN OF ORCHARD PATH ESTATE LOCATED
IN NORTH ANDOVER, MA" . Owners- H. MICHAEL SMOLAK AND
STEPHEN SMOLAK, 315 SOUTH BRADFORD , STREET, NORTH ANDOVER,
a) MASSACHUSETTS, RICHARD F. KAMINISKI AN-D ASSOCIATE'S, INC.,
O _ - C-ONSULTING ENGINEERS, � SCALE 11' - 401, NOVEMBE'R 11, 1086,
REVISED JANUARY 27, 1987, and recorded at said Reg stry as
Plan No,
o
The above--granted rights being more particularly described
as the perpetual right within said parcel to Construct,
maintain, repair, rind replace drainage works, corlduc:t
drainage and to make such entries thereon and thc-rein as may
m from time to. time be necessary or convenient for the
fulfillment of those purpo%-'es, :specifically - acknowledging
Q that said TOWN OF NORTH ANDOVER ohaJ3 be respaZ it?.le only
for the replacement and regrading of the cover of any trench
opened for the purpose of the f ilfi.11ment of theses 1);.3rposes,
4 and raid TOWN shall not be responsible for extensive_ repairs
W to landscaping and/or replac.'ement of ctructuren b114.1t upon
the parcel of land subject to this easement.
P. Being the same premises conveyed to Grantor by three doeds,•
dated December 30, 1986, and recorded at said Registry at
Cd Book. 2394, Page 122, and dated March 11 , 1987 and recorded
w at said Registry at Bonk 2443, Page 205, and Book 2443, Page
296.
W.itness my hand and seal the, t ay of / + /, 198
0
•• George Barker, Jr. --
0 Trustee. of Orchard Realty Trust
C
U
O
a COMMONWEALTH OF MASSACHUSETTS
Essex, ss y4 1087.
Then . appeared the above named G00.1,gc.r R, B, zker and
acknowledged the foregoing i.nstrumef-it to be i-iis free act ,and
deed before me
NOTARY PUBLI
My commission jxplrcs:
DRAINAGE AND SLOPE EASEMENT
KNOW ALL. MEN BY THESE PRESENTS that 1, George R. Barker,
Jr„ Trustee of the Orchard Realty Trust, u/d/•t dated
December 30, 1086, and recorded at the Northern Essex
Regi,t:zy of Deeds at Bool:. 2304, Pagr 116, hr-,reinafter
referred to as the Grantor, do hereby grant to the
INHABITANTS OF THE TOWN OF NORTH ANDOVER, a perpetual
easement to construct, maintain, repair or alter the
drainage pipe and the drainage ditch to ensure that flood
water will flaw across Lot 2 to the detention basin on Lot 1
of said Plan. This Easement will allow the TOWN OF NORTH
y ANDOVER to enter Bald Lot 2 for thr, purpose of regrading as
0 required to permit the free pasoage of tistdrm waters, The
Id
parcel of land : subject to thaw Easgomont shall not bo, filled
or regraded nor shall any structure be placed upon this
0 Easement. Accordingly,, said TOWN is granted a perpetual
ease ment to construct, maintain, , repair, or alter the .slope
-) and the contour of the land over and under said parcel of
(D land identified as the 1125' WIDE DRAINAGE EASEMENT" across
�
Lot 2 as shown on a plan of land ' entitled - "DEFINITIVE
a) SUBDIVISION PLAN OF ORCHARD PATH ESTATE LOCATED IN NORTH
ANDOVER MA". Owners: H. MICHAEL SMOLAK AND STEPHEN SMOLAK,
315 SOUT H BRADFORD STREET, NORTH ANDOVER, MASS ACHUSETTS,
RRCHARD F. KAMINI SKT AND ASSOCIATES, INC., CONSULTTNG
ENGINEERS, SCALE 1" - 40', NOVEMBER , 11, 1036, REVISED
4-3
JANUARY 27, 1987, and recorded at said Reg:i str^y as Plan
' No.
The above--granted rights being more particularly described
as the perpetual right within said parcel to construct,
Id maintain, repair and replace drainage works, conduct
drainage and to make such entries thereon and therein as may
from time t:o time br_ necessary or convenient for the
o fulfillment , of those purposes, specifically acknowledging
N1 that. said TOWN OF NORTH ANDOVER shall be re 4pan-,ible only
+, for the replacement and regrading of the cover of any trench
opened for the purpose of fulfillment 'of the so purrm es, and
said . TOWN skull not be responsible for eNtensive ropairs to
land{,caping and/or repJacement of structures, bu.i,1t upon the
n parcel' of land subject to this easrmeht.
�a
Being the same, promises conveyed to 'Grantor by three deeds,
dated Doccinbor 30, 1036, and recorded . at ord.c1 R��ri9.s�t:tY �t
Book 2304, Page, 122, and dated March 11, 1987, and recorded
at said Registry at Book. 2443, Page 295, and Booms: 2443, Page
o :96.
a
PIi tzac. t;?:y my hand and ;peal thAoy of �� � / 1�187.
Barker, Jr., Tr us
ard Realty Trust
i
i
COMMONWEALTH OF MASSACHUSETTS
Essex, ,s �,pr � / � 1o87
Then appeared the above named VVCcorge R. Barker and
acknowledged the foregoing instrument to be . his Erna act, and
deed before me
NOTARY PUBLIC
My commission expire,:. r�7 �
(<P7
SEWER EASEMENT
KNOW ALL MEN BY THESE PRESENTS that I, George R. Barker,
Jr,, Trustee of the Orchard Realty Trust, u/d/t dated
December 30, 1086 and recorded at the Northern Esser
Registry of Deeds at Book 2304, Page 116, hereinafter
referred to as the Grantor, do hereby grant to the
{ INHABITANTS OF THE TOWN OF NORTH ANDOVER, a perpetual
easement to construct, maintain, repair, or alter a Gc-wex-
pipr and sewer works under and over a parcel of land
7C f',z1ti ':cF'ri l:� " F WER rASI;P$FN 'et 1(."1'Cs:... jl�,)l 1 4[�' :�i1oV3T1 c7z"l E r
Plan of- Iaz-1d 0-f-1titic�d "DEFrNIT].VE' SUBDIVISION PLAN OF
ORCaIAIRD PATH I'STATE LOCATED IN NORTH ANDOVER, MA" , Owners.
H. MICHAEL SMOLAK AND STEPHEN SMOLAK, 315 SOUTH BRADFORD
a�
0 CTRL'ET, NORTH ANDOVER, MASSACHUSETTS, RICHARD F. KAMINISKI
0 AND ASSOCIATES, INC., CONSULTING ENGINEERS, SCALE I " = 401,
NOVrMiBER 11, 1086, REVISED JANUARY 17, 1087, and recorded at
o raid Registry as Ilan Na,
T,',r alao:;o grant(-d rights b(11119 More port-ic:tx:[zar-lX ctescribod
m as the perpetual right Within :paid parcol to construct,
4 ma.int'aa)n, 1,epaix, azIcl replace ::ewe.rage word:s, conduct
drainage and to make such ontr ie- 'thereon and r-A:s znay
f).�om ti.zzzc: to tizzle be necessary. or convenient for the
Q fulfillment of those purposes, specifically acknowledging
that as_Eid TOWN OV NORTH ANDOVER shall be rer;porz�:i.ii:)lc! only
for the replacement and regrading of the cover of any trench
+d . opotac d for the purpose of the fulfillment of the;;E purposes,
m and :said. TOWN shall not be reeponsible for e.-ten live repairs
w to ' lzndscapincg and/or replacement: of structures built upon
the parcel of land subject to this easement,
Being the same promises conveyed to Grantor by th r(-e deeds,
dated December 30, 1986, and recorded at :said Regi try at
U Book 2'04., Page 122, and dated March 11, 1087 and recorded
o� U.tid Registry at Book . 2443, Pago 205, and Book 2443, Page
T--
206.
Witness zzty hand and .7ea1 the- '-�r] y of 10�37.
g� Barker, Jr., vru.,teC
o George ,,
of Orchard Realty Trust
Cd
,0. COMMONWF.A1' TH OF MASSACHUSI-;TTS
a�
o,
O �
zA Then appeared. the above namccl 'Gr-C p9c, R. azLc3
R <r hnowledg(ld the foregoing instrument to bo 1; is fret� -).ct nct
m1 e
NOTARY PUPLTC
My commix yion expires
` [� Y 53044/60871 337 4300/1
C6 11/30/89 6A0 p.m.
DEED
(Lots 1 , 3 , 7 , 8 and 9)
FERRINI CONSTRUCTORS, INC. , a Massachusetts corporation
having a place of business at 1032 Main Street, Melrose,
Middlesex County, Massachusetts (the "Grantor" ) , for
consideration paid, and in full consideration of less than One
Hundred Dollars ($100 . 00 ) grants to 1871 Corporation, a
Massachusetts corporation having an address of 1776
Massachusetts Avenue, Lexington, Massachusetts (the "Grantee" ) ,
which corporation is a wholly--owned subsidiary of Lexington
Savings Bank, a Massachusetts savings bank having an address of
57 Bedford Street, Lexington, Massachusetts , with Quitclaim
Covenants , the land in North Andover , Massachusetts , described
as ;
Lots Numbered 1, 3 , 7, 8 and 9 on a Plan of Land for
Subdivision known as Orchard Path Estates , Owner and Developer
H. Michael Smolak and Stephen M. Smolak, 315 South Bradford
Street, North Andover, prepared by John Callahan Associates ,
166 North Main Street, Andover, Massachusetts , and Richard F.
Kaminski and Associates , 200 Sutton Street, Andover ,
Massachusetts , Consulting Engineers ,-' dated August 29 , 1986, and
recorded as Plan No . 10669 (the "Plan" ) at the Essex County
North District Registry of Deeds (the "Registry" ) on April 17,
1987 . Subject to all Orders of Conditions , Covenants, and
Easements as shown on said Plan and recorded therewith at the
Registry, and to that certain Agreement by and among Ferrini
Constructors , Inc . , and Paul J. and Sharon T. Griswold dated
October _6^, 1989 .
The Grantor also conveys herewith all its rights , title and
interest in "Ironwood Road" as it appears on the Plan.
For the Grantor ' s title, see deed of George R. Barker , Jr . ,
as Trustee of the Orchard Realty Trust u/d/t dated December 29,
1986 and recorded in the Registry at Book 2394 , Page 116 , which
deed was recorded in the Registry at Book 2499 , Page 19 (the
"Trust Deed" ) . The Trust Deed was confirmed by ( i) that
certain Confirmatory Deed of H. Michael Smolak and Stephen M.
Smolak to the Grantor dated October 5, 1989 , recorded in the
Registry on October 10 , 1989 at Book -Od , Page ISI ; ( ii)
that certain Confirmatory Deed of H . Miel Smolak and Stephen
M. Smolak to the Gr for dated November �a 1989 , recorded in
the Registry on Nevrnix �, 1989 at Book _.J1p31? , Page ;
( iii) that certain Release Deed of Helen R. Smolak and
H. Michael Smolak, individually, and H. Michael Smolak,
Stephen M. Smolak and John Smolak (collectively, the "MS
Trustees" ) , as Trustees of the Martin Smolak Revocable Trust
u/d/t dated May 21 , 1981 , recorded in the Registry at Book
1651 , Page 158 (the "MS Trust" ) , to the Grantor dated
October 5, 1989 and recorded in the Registry on October 10 ,
y /
53044/60871 337 4300/1
11/16/89 4:54 p.m.
1989 , at Book, Pacje � and (iv) that certain Release
Deed of Helen R. Smolak and H . Michael Smolak, individually,
and the MS Trustees , as Trustees of the MS Trust , to the
Grantor dated November c , 1989 and recorded in the Registry
on November 8 , 1989 , at Book __,1_q o
rrrr�l � Page _
IN WITNESS WHEREOF, the undersigned has caused this Deed to
be executed as a document under seal. as of this 22� day of
November , 1989 ,
FERRINI CONSTRUCTORS, INC.
eter R. Fri1i , President -TKEA K K2
THE CQMMONWEALTH OF MASSACHUSETTS
ss . November Z2— 198
9
Then personally appeared the above-named Peter R. Ferrini ,
president of Ferrini Constructors, Inc . , and acknowledged the
foregoing instrument to be his free act and deed and the free
act and deed of Ferrini Constructors , Inc , , before me
Notary Public
5� 19
My Commission Expires : 4�
Recorded Dec.8,1989 3 :45P1d ;/26??2
2
1 ) Q3772
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REGISTRY OF DEEDS
DS
Northern District of Essex SS
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LOCK ,-�-7—i v
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ALSO RECORDED IN BOOK_
Page
ATTEST
REGISTER OF ','E'--DS
............................--------- ..................
FORM J
RELEASE FORM
The undersigned , being a majority of the Planning Board of the Town
of North Andover , Massachusetts , hereby certify that :
a . the requirements for the construction of ways and municipal services
called for the the Performance Bond or Surety and dated
19 and/or by the Covenant dated
APRIL 3, 19 87 and recorded in District
Deeds , Book 2474 Page 87 or registered in
Land Registry District as Document No .
and noted on Certificate of Title No , in Regis -
tration Boole Page . has been completed/ partially
completed , to the satisfaction of the Planning Board to adequately
serve the enumerated lots shown on Plan entitled " orchard
Path Estates Secti on ( s ) , Sleets 1--7
P1 an dated August 29 1,g 86 recorded by the Essex
-North Re gi s try o f Deeds , P 1 an -Roe-k #10669 , Page
or registered in said land Registry District , Plan Book ,
Plan and said lots are hereby released from the re-
strictions as to sale and building specified thereon .
Lots designated o.n said Flan as follows : ( Lot number( s ) and street ( s ) )
Lot. 9,, Dale Street
b . ( To be attested to by a Registered Land Surveyor)
I hereby certify that lot numbers )
Lot 9, _Da-1e Street
Street ( s )
on
do conform to layout as shovrri on Definitive Plan entitled Orchard
Path Estates Section Sheets 1 -- 7
Registered Land Surveyor
f
c , The Town of Nor I Andover , a municipal cor, Nation situated in �
the County of Essex, Commonwealth of Massachusetts , acting by
its duly organized Planning Board, holder of a Performance Bond
or Surety dated — _-- _�, 19 —_� , and/or Covenant I .
dated April 3 _—_-, 19 87 f rom _
of the City/Town of North Andover
----- Y - - -._
Essex County, Massachusetts recorded with the
Essex North District Deeds , Hook 2474
Page 87 , or registered in Land Re
Registry District as DCrCUtlEelit �
No . and noted on Certificate of Title No . in
Registration Book , Page ...... acknowledges satisfaction �
of the terms thereof and hereby releases its right, title and
interest in the lots designated on said plan as follows , �
Lot 9, Dale street, North Andover 1
Fc-o I
EXECUTED as a sealed instrument this ��� _ clay of 1.9
Majority of theryv+� _ — -- _
Planning Board
�01 z;_
of the Town of
North Andover
COMMONWEAL`l_H OF MASSACHUSETTS
19
Then personally appeared (G_..._._U��_ �E-W A M____'__., one of the alcove
members of the Planning Board of the Town, of North Andover,
Massachusetts and ackngwledged the foregoing instrument to be the free
At and deed of said Planning Board, before me . ,,,,,,,,,,,,,,
Wur L, EHTO
Notary Public
My Commission 8xPire'>s;. r''
Recorded Teb.22, 1991 at 9:4QAM #3014
Page 2 of 2
y
FORM a
RELEASE FORM
The undersigned , being a majority of the Planning Board of the Town
of North Andover , Massachusetts , hereby certify that ;
a . the requirements for the construction of ways and municipal services
called for the the Performance bond or Surety and dated
, 19 and/or by the Covenant dated
APRIL 3, 19 87 and recorded in District
r
Deeds , Book 2474 Page 87 or registered in
Land Registry District as Document No .
and noted on Certificate of 'Title No . in Regis -
tration Book Page . has been completed/partially
completed , to the satisfaction of the Planning Board to adequately
serve the enumerated lots shown on Plan entitled Orchard
Path Estates Section ( s ) , Sheets 1-7
Plan dated August 29 19 S6 recorded by the Esser
North Registry of Deeds , Plan 4a-o+- #10669 Page
or registered in said Land Registry District , Plan Book ,
Plan and said lots are hereby released from the re-
strictions as to sale and building specified thereon .
Lots designated on said Plan as follows ; ( Lot number( s ) and street( s ) )
Lot #Is 4, S, 6, 7 Ironwood Rd._
b . ( To be attested to by a Registered Land Surveyor)
I hereby certify that lot number ( s ) 4, 5, 6, 7
on Ironwood Road Street ( s )
do conform to layout as shown on Definitive Plan entitled Orchard
Path Estates Section Sheets 1 - 7
Registered Land Surveyor
c. The Town ' of' North Andover , a municipal corporation situated in the
County of Essex , Commonwealth of Massachusetts , acting by its duly
organized Planning Board , holder of a Performance Bond or Surety
dated , 19 , and/or a Coveno t dated
April 3 r19 87 Trom
of t l e C ty Town Of North Andover
Essex County , Massachusetts recorded with
e Essex North District Deeds , Book 2474 ,
Page 87 , or registered In Land Registry District as ocument
No . and noted on Certificate of Title No . in
kegistr�a n Book , Page , acknowledges' sates action
of the terms thereo`�an Thereby release its right , title and in -
terest in the 'lots designated on said plan as follows :
Lot Vs 4, 5, 6, 7 iron wood Rd. , North Andover, MA
EXECUTED as a sealed instrument this L3/1.d day of , 19 �`
Majority of the
Planning Board
of the Town of ��� �---
North Andover
COMMONWEALTH OF MASSACHUSETTS
ss • .. I I ZC 3 a 19
Then personally appeared S , one of the
above named members of the inning oar o the own o North Andover ,
Massachusetts and acknowledged the foregoing instrument to be the free
act and deed of said planning Board , before me ,
Notary Public
My Commission Expires
/ Darsn `J nF 91
FORM K
PERFORMANCE SECURED BY
LENDER ' S AGREEMENT
October 21 19 87
North Andover ,Massachusetts
AGREEMENT made this date between the town of North Andover
and Ferrini Constructors, Inc. herei ;lafter referred to as "the
applicant of ;
and Lexington Savin s Bank , hereinafter referred to
as "The—lender" of Lexin ton MAssachusetts ,
to secure construction of ways and installation of municipal serYices
in the subdivision of land shown on a plan entitled : Orchard
Path Estates , by John Callahan Associates ,
ate d : August 29, 1986 , owned y : H. Michael and Stephen Smolak ,
address : 315 South Bradford Street, North Andover, MA ,
land located ; Dale Street and Ironwood Rd. , N. Andover , and showing 9 pro-
posed lots .
KNOW ALL MEN by these presents that the applicant and the Planning
Board of the town of North Andover have executed a
covenant , dated April 3, 87 recorded in the
Essex North r Regi stry of Deeds , Book 2474 ,
Page 87 ; that the applicant has recorded a first mortgage wi th the
lender dated May 15, 1987 , recorded in the Essex North
Regi s try of Deeds , Rook 2 99 , Page 26 coveting Lot s 1, 2, 3, 4,
5, 7, 8 and 9. as shown on the a ove-refer-
enced plan as security for the payment of a certain note in the prin-
cipal sum of $2,860,000 dollars ; and that the applicant and
lender hereby bind and o igate themselves , their , or its executors ,
administrators , devisees , heirs , successors and assigns , jointly and
severally to the town of North Andover , a Massachu-
setts muci ci pal corporation , acting t roug is Pl ann ngBoard , i n . the
sum of $79,900 do] l ars , and have securdd thi s obligation
by the lender retaining said sum of money of said principal sum other-
wise due the applicant to insure the performance by the applicant of
all covenants , conditions , agreements , terms and provisions contained
in the following :
Wif icat'o 0 1986•
1 . Application for P_P"a42%e i ni ti ve Plan ( Form C ) , dated Sept.22, ,
2 . The Subdivision Control Law and the Planning Board ' s Mules and
Regulations governing this subdivision and dated December 19, 1986 ;
M dificat n,
3. Condi tions included i n the Certi fi cate of 4406vi-a-- 1 ssued by the
Planning Board and dated December 19, 1986 ;
4 , The definitive plan as qualified by the Certificate of Approval ; and
5 . Other document ( s ) specifying construction or installation to be
completed , namely ,' North Andover Conservation Commission Order of Conditions
( specify other documents , . if any , an list lots secured if only a
part of the subdivision is secured by a lender ' s agreement)
( Paae 1 of 3)
This agreement shall remain in full force and effect until the appli -
cant has fully and satisfactorily performed all obligations .
Upon completion by the applicant of obligations as specified in the
following schedule :
STAGE OF DATE WHEN
SUM TO BE CONSTRUCTION CONSTRUCTION
RETAINED OR INSTALLATION AND INSTALLATION
BY LENDER TO BE COMPLETED IS TO BE COMPLETED
1 . $ 40,700 Highway Dept.
2 . $ 31,000 Dept. of Public Works
3. $ 2,200 Tree Warden
$ 6,000 As-Built Plans
the interest of the town in such funds retained by the lender shall be
released , that portion of the agreement covering a specific stage of
work shall become void , and the lender may disburse such funds which
have been held as security for a specific stage of work , to the appli -
cant . In the event the applicant should. fail to complete any stage
of construction of ways and installation of municipal services as spe-
cified in this agreement and within the time herein specified , any
funds remaining undisbursed shall be made available in whole , or in
part , by the lender to the Planning Board for the benefit of the town
of North Andover to the extent of the reason-
able cost to the town of completing such construction or installation
as specified in this agreement . Any unused portion of such funds will
be released by the Planning Board and may be disbursed by the lender
to the applicant upon completion of the work by said town .
The town of North Andover acting by and through
its Planning Boara hereby agrees to release the following lots Lots #
1-8 Orchard Path Es
from the operation of the above referenced covenant- given pursuant to
Section 81-U of Chapter 41 , the Subdivision Control Law without receipt
of a bond or deposit of money and further to accept this agreement and
the funds in the amount specified herein to be retained by the lender
as security for the performance of the project as aforesaid . Upon
delivery of this agreement to the Planning Board , said lots shall be
released as herein specified .
The lender hereby agrees that none of the funds retained as securi-ty. ,
as specified herein , shall be disbursed to the applicant without prior
written release of said funds by the Planning Board .
Any amendments to this agreement and/or to the aforesaid security
shall be agreed upon in writing by all parties to this agreement .
( Pape 2 of 3 )
r
i
IN WITNESS WHEREOF we have her unto set our hands and seals this
3 day of l ;Jr , 19 ^.
Signatures of a Majority of
the Planning Hoard of the
town of
Signature of Applicant
Y
Signature of Authorized Rep-
resentative of the lender
COMMONWEALTH OF MASSACHUSETTS
,s s _0�. a 3 19
Then personally appeared �� one of the
above named members of the Planning Board of ,
Massachusetts , the applicant , and the authorized representative of the
lender , and acknowledged the foregoing instrument to be the free act
and deed of said parties before me . �p
Notary Public
My Commission Expires :
I n
COMMONWEALTH OP MASSACHUSETTS
MIDDLESEX, SS. October 21, 1987
Then personally appeared Peter Ferrini, the applicant, and Peter G. Brown,
the authorized representative of the lender, and acknowledged the foregoing
instrument to be the free act and deed of said parties before me,
Alan `O-'Rourke, Notary Public
My Commission Expires August S, 1990
FORM a
CONTROL FORM FOR PROCESSING
',!• SUBDIVISION PLAN ' AND CONSTRICTION
SUBDIVI"SIGN PLAN ENTITLED : �"=°�> �� ' �, /� �..:-�� �_� ;� r E
LAND LOCATED : C . - -
t
BY r c C
APPLICANT :
ADDRESS :
PHONE :
Date of Preliminary Plan
Date of • Preliminary- Plan Submission if
Preliminary Plan Approval Date
Date of Definitive Plan .�P
Submission Dates
Check : Rec ' d Form Rec ' d Plans Rec ' d
Date of Definitive Plan Submission to' oard of HealtF
Date Received Board of Health Report 4LI? I,
Date of Plan Submission to Other Boards and Agencies :
Board Date
Date Received Reports from Other Boards and Agencies :
Board .
`i�•vt�t�. cv� ,G c-vim. ��,�• _ • �'
( Page 1 of 2 )
I
Approval Deadline Date : ( S+60) _ IL`- 2 0(
Hearing Date : (H )
Date of Letters to Abutters : (H-14 )
Date of Newspaper Notices ( 2 ) ( H-14 days ;
for first notice.)
Approval- or Disapproval Date : (A)
Appeal Deadline Date (A+20 days ) '
Date of .Performance Guarantee Agreement
r
. Description of Performance Guarantee
Date Record Plans Endorsed
Date Plans and Performance Guarantee Recorded
Book No . Page No ,
Date of Amendments, or Extensions to Original Performance
Guarantee
Description of Amended Performance . Guarantee
Date of "amendment Modification or Rescission
of Approval
Other
Releases
Description of
Lot Numbers Date of Lot Release ' Performance Guarantee
Date of Final Release/
Certificate of Completion
( Page 2 of 2 )
FORM
PLANNING BOARD
TOWN OF NORTH ANDOVER MASSACHUSETTS
CERTIFICATE OF AMM8. 1 , MODIFICATION XRZ=:BfXk'aK OF
APPROVAL OF DEFINITIVE SUBDIVISION PLAN
1986
TOWN CLERK
TOWN OF North Andover , Massachusetts
On the motion/petition of H. Michael Smolak, Jr. dated August 5, 1986
and in accordance wit Massachusetts General Laws ,
Chapter 41 , SeCt7on 81-W , it is hereby certified by the Planning . Board
of the town of North Andover , Massachusetts , that at
a duly called and properly posted meeting of said Planning Board , held
on = - : - , i t was voted to XMNW odi Ify/ 4IRAI
the approval of t e efinit e subdivision plan of lan en itled :
Coventry Estates owned by
Of : 100 Lind er h Qg., M , plants dated :
July, 305 and revised:
Y Gamma __, and recorded at the:
�, Rc.�Px Regi str.y of Deeds , Plan Book#10236
Page , performance guarantee being
and recorded Book _> Page , land locatedsouth side of__
Dale Street , and s howl' ng nine
proposeTots , by ma 7ng the fo owing xRtwa41ta/modification s
� xx �xxixxx�t�x �xxxl f o r the following reasons ,
*Please see attached sheet.
All prior conditions of approval shall remain in full force and effect
until such time as they are met ; pursuant to Massachusetts General Laws ,
Chapter 41 , Section 810 , this Amendment/Modification/ Rescission shall
take effect when duly recorded by the Planning Board at the North
Essex Registry of Deeds the plan or originally approved ,
or a copy thereof , a certified copy of .this vote making such Amendment/
Modification or Rescission , and any plan or other document referred to
in this vote . Said recording to be at the expense of the applicant
in the case of Amendment or Modification .
The Amendment/Modification / Rescission of the approval of this plan
shall not affect the lots in the subdivision which have been sold or
mortgaged in good faith and for a valuable consideration or any
rights appurtenant thereto , without the consent of the owner of such
lots , and of the holder of the mortgage or mortgages , if any , thereon .
( Page 1 of 2 )
R
Written consent from said owners and ' mortgages , if any , is attached
I
ereto .
NOTE TO CLERK : The Planning Board should be notified immediately of
any appeal to the Superior Court on this subdivision
Amendment/Modification/rescission of the approval
wade within the statutory 20-day appeal period .
If no appeal is filed with ,your office , the Planning
Board should be notified at the end of the 20-day .
appeal period in order that th6 originally approved
plan may receive an appropriate endorsement and be
recorded along with a registered copy of the certi-
fied vote Amending/Modifying/ rescinding the approval .
A True Copy , attest :
Clerk , ,
Pl a n n i nq Board
Duplicate copy sent to applicant :
Planning Board
( Page 2 of 2 )
Modification for the following reasons: .(per Form Q)
To redivide lots originally delineated in the approved subdivision as 1S,
2S, 3S, 4S, 37 and 38 and include the abandoned Dale Street together with
the acquired Glennie and Jasinski parcels between the abandoned Dale Street
and the new aligned Dale Street; to provide 9 Lots with a short cul-de-sac
street perpendicular off the new aligned Dale Street. This provides for
2/3 less paving and utilities and yields 2/3 more open green space.
f
Abutters_L st:
Anthony & Ellen Foresta Brentwood Circle, No. Andover, MA 01845 PI
H. Michael, Helen R. Smolak 315 So. Bradford St. , No. Andover, MA 01845
Estate of Martin Smolak
Estate of George Glennie 21 Wolcott Avenue, Andover, MA 01810
,,Robsert&—Pa-trict-&Jasin-sk-i - Rd. 2 Split Rock Road, Box 225 A, Bronton, New Jersey 07005
Co-y,eLi-t-r-y Devel=opme Coxp. 100 Lindbergh Ave. , Methuen, MA 01844
PIo An;dove� Planning- Board— 120 Main St. , No. Andover, MA 01845
I l 9 3 G 2��
\ I
l I
Lext'nclton
is "W
SavingsBank
57 Bedford Street,Lexington,MA021 73 (617)861-6100
March 15, 1990
Christian C. Huntress i 1
Town of North Andover k ( .7F1 !.r;
120 Main Street .; __z
No. Andover, MA 01845 €
n
Re: Orchard Path Estates Subdivision, No. Andover MAR 1
Dear Mr. Huntress:
Thank you for taking the time to speak with me at your
office today. As a follow-up to our conversation, I thought it
might be appropriate to put some items in writing so that the
town is updated on the bank's role in the project.
In November, 19891 the bank accepted the deed
in-lieu--of-foreclsure from Peter Ferrini, the original developer.
The bank now owns lots 1, 3, 7 (with house) , 8, and 9. The
original owner of the land took title to lot 2. In agreeing to
this transaction, the bank has assumed the responsibility of
completing the road and wishes to do so with the next few months.
Before we go forward, we would like to know the project's status
relative to the town's requirements. Therefore, it is requested
that you send us a letter outlining the items needed so that the
road may be "accepted" by the town.
In conjunction with the above request and assuming that a
final top coat is the only major requirement remaining. I am
also requesting that the Planning Board reduce the bond amount to
$25,000. If this request is required to come under seperate
cover, please let me know. Also, our attorneys have requested a
copy of the executed tri-party agreement as Mr. Ferrini did not
forward an original to the bank.
Again, we are most anxious to successfully complete the
project in a timely manner and look forward to working with you.
If you have any questions or comments, please do not hesitate to
contact me.
Since ely,
Peter G. Brown
Vice President
Senior Loan Officer
PGB/sa
cc: Linda Bosse, Attorney
Goodwin, Procter & Hoar
j
i
11. Clean catch basins and detention areas if raec rossary.
12. Set curb boxes to tirade.
13. Install stone bounds.
14. All driveways roust comply with driveway entry
permits and order of conditions 01.3.
15. Provide all deeds~ easements and documents
necessary for conveyance to the Town.
16. Installation of sower services to lets 19 29 9 will
rewire excavation of the paveraorit in pale Street.
i
TOWN j)F NORTH ANDOVER, MASSACHU6L_ ,rTS
DIVISION OF PUBLIC WORKS
384 OSGOOD STREET, 01845
PAUL. S. NIMAN TELEPHONE 687.7964
DIRECTOR NORTH
Of rwto Q�bO
May 17, 1990
Memorandum
TOR Christian Hunt res
From iJ. William Hmurc i a
�1
Ree Orchard Path Estat s "
Based on receipt of a copy of the letter from the
Lexington Saying% Bank and at your re q"ast, the Division of
Public Works has reviewed the status of the Orchard Patti
Subdivision. The assumption that that finish pavement is the only
major requirement remaining is somewhat of an understatement. The
following is a list of items which remain to be completed within
the subdivision prior to acceptance by the "town.
1. provider as-built plans. An interim ass-built plan
should be submitted prior to any further
construction. A final as-built plan will be
required prior to final bond release. The as-built
plan must include the retention arenas.
2. Regradee loam & seed the shoulder arenas in accordance
with our standard cross--serction.
3. Install granite curb and capes cod berm (order of
conditions 03) .
4. Our specifications do not allow center islands in
cul-de-sac* of this size.
5. Excavator, gravel if necessary, and repave vros s
trench at transformer in accordance with DPW
specifications.
S. Provide leveling course of asphalt where necessary
In circler, in poorly graded areas, in areas of
severe damage by construction aequipmontf left of
cant err 1 i net where settlement i s Apparent f and
around C. 8:S. )
7. Install finish pavement, including sower excavation
on Dal* Street and raise castings.
a. Install stroot trees.
S. Find and raise: gatovalvers to grades and paint
hydrant. Move hydrant onto, ROW if necessary.
10. Install street sign.
LLeximngton
Savin& Bank
57 Bedford Street,Lexington,MA 02173 (617)861-6100
November 23 , 1990
Christian C. Huntress �,4
Planning Board
Town of North Andover
120 Main Street
North Andover MA 01845
Re: Orchard Path Estates Subdivision,
North Andover
Dear Ms. Huntress:
As you know, Lexington Savings Bank took over the Orchard
Path Subdivision in November 1989 when it accepted the deed-in-
lieu-of-foreclosure form Peter Ferrini, the original developer.
since that time we have put lots 3 , 8 & 9 under agreement to G&Z
Development Corporation. Two of the conditions in our purchase
and sale agreement with G&Z are that the bank secure certificates
of compliance from both the Conservation Commission and the
Planning Board regarding their respective orders of condition.
Peter Brown sent a letter to you on March 15, 1990 that in effect
was a request for Planning Board approval of the subdivision.
You responded by having William Hmurciak review the status of the
subdivision. His report came in the form of a letter dated May
17, 1990 in which he listed sixteen items that needed to be done.
Lexington Savings hired Dave Maynard (Maynard Construction)
in September, 1990 to complete all of the work specified br Mr.
Hmurciak. Maynard has completed most of the work on his contract
and is now looking for his final payment. Before the bank pays
him, we would like the Town of North Andover to approve the work
he has done. More specifically, we are interested in having:
1. Lots 3 , 8 & 9 released by the town;
2. A reasonable amount of our $79, 000 performance bond
returned to us for the progress made to date; and
3 . A certificate of Compliance for the subdivision regarding
the Planning Board's order of Conditions.
If these requests can not be met, we would appreciate
receiving a list specifying exactly what remains to be done. We
have Maynard Construction under contract right now and we would
like to have him finish as much as he can before winter sets in.
I appreciate your attention to these matters. Please call
me at 617-861-6100 if you have any questions.
sincerely,
Doug Shaw
Loan Officer
cc. J. William Hmurciak