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HomeMy WebLinkAbout1998-07-09 Legal Documents DEF SUB FORM B t,A COVENANT '� September 1998 Massachusetts KNOW ALL MEN by these presents that the undersigned has submitted an application dated 1998 , to the North Andovei- �fefi iti e la� of a subdlvlsion of land entitled;t�� planning Board for approve! of a y address: Artl1e t1egaina dated: b 27 9t3 and owned b Sane Ian by: _ Mass, , land located:t r y Ia_ , o LLh , and showing _ 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 Nnr 1Z AndoVer In the county of --'-s��_. approving said plan without requiring a Performanc© bond, the undersigned hereby covenants and agrees with the inhabitants of the follows: `.t'otati oI Ncirt Anrtnvc�r • _ as 1. That the undersigned Is the owner' in (Be simple absolute of all the land Included in the subdivi- sion and that there are no mortgages of record or otherwise on any of the 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 nore than one owner, all must sign. "Applicant" may be an owner or his agent or representative, or Ills assigns, but the owner 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 perma• JI nent building on any lot until the construction of ways and Installation of muniOpal services �UDt necessary to adequately serve such lot has bean completed In accordance wlth the covenants. (IJ conditions, agreements, terms and provisions as specified In (lie 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. c. The certificale of approval and the conditions of approval specified therein, issued by the Planning Board, dated d. The definitive plan as approved and as qu ,lified by the certificate of approval, lj'i� e. Other documengs) specifying construction to be completed, namely; �() 'cdcl Fr :l f�;;. However, a mortgagee 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, © c subject only to that porlion of this covenant which prop, len that no lot be sold or conveyed a shall •,4 be bullt upon until ways and services have been provided to serve such tot. 3. Thai this covenant shall be binding upon the executors, administrators, devisees, ,9, successors and assigns of the undersigned and shall constitute a covenant running with theheir 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 oondltlons upon the recording of a certificate of performance executed by a majority of the Planning Board and enumerating the specific lots to be released', and 5. That nothing herein shalt 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. massacnusetls Federalron of Planning and Appeals Boat(,$ 1972 (Revised 1980. 1983, 19881 t 1:i:,V.'0I_IOTTA-DALY v1r� u 1043 7©.17 t.nvvt�t:ty� 4,I ;I i . '11l 11.Y AT LAW 1,15 MARKT:T'STREET ` I'.0, BOX 4119 i f B. That the undersigned agrees to record this covenant with the County Registry of Deeds, forthwith, or to pay the necessary recording fee 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 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 (3)years from the date of such deed, as provided In Section 81-U, Chapter 41, M.G.L. 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. g• Upon final completion of 1110 construction of ways and Installation of municipal services as Specified herein, on or before the Planning Board shall release this covenant by an appropriate Instrument, duly acknowledged. Failure to complete construction and installation within the lime 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 appropriale 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 lime to time or from securing by one, or in part by one and In part by another of the methods described in M.G.t_.. 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; and ' two (z1 ��earS -Croon Awe 'Aake C" C � C X�nc� c�Wit--• U.�r7�iC i� 1�,+f'`-�-'f'_i� i��- . 145Y Massacmuselrs!"ederailon of Planning and Appeais soards 1912 EAev'sea 1980 1983. I9881 20.18 I 1 sn � r � 1.� Y Lwl r ���� �` r � For title to the property, see deed from Mar �. Messina ;^rda,ied if ' � f3 �� �7 ` ' recorded In Essex orth Registry of ❑eeds. Book 4736 156 In hand Registry as Document No. page , or registered Wit no, , in Registration Soak , page and noted on certificate of The present holder of a mortgage upon the properly Is N/A of The mort age Is dated and recorded in Reglstry of Deeds, Book � , Page , or registered In i Land Registryy' s Document No U f4 _ and noted on certificate of title no, `' , in Registration Book _1U __ Pa go The old the mortgage subject to the covenants set forth above and agrees that the covenants agrees to the same status, force and effect as though executed and recorded before Ilia taking of the mortgage and further agrees that the mortgage shall be subordinate to the above covenant. 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 or homestead and other interests therein. IN WITNESS WHEREOF we have hereunto set our hands and seals this 19 287 of c Shinto Messina Owner ., S Anne Messina spouse of owner — Mortgage Acceptance by a Majority of the Planning Board of One acknowledgement must be completed for each of the following: Planning Board representative Owner or owners Spouse of the owner Mortgagee -" 'r12 t�Ocrh Prz l" f R"e L, COMMONWEALTH OF MASSACHUS TT Essex tl�-?, ��(! lt•,L� �.- .3[.> ss ��er3�embel _ 1998 Santo Messina Then personally appeared before me the above narned A UP—Massinn __ and acknowledged the foregoing instrument to be their free act and deed. i i nijrf •`k� Fi •., CONGitITA it.;OYSTER — ---- ' MY COMMISSION P 00 726318 Signaiwe of Notary Pubrrc t F 1� E?fpiRt:B:March 22,2f)02 1` '�, � ` BgtdgdfiiuHauryPubrkUndiMtlr�r� My commission expires Massachusetts Pecieratmn of Planning anct Appears 8oaias 1972 fAeviseU 480. 1983 1988) 20.19 ,�� . 'I �r ' )< E}�'f} it:1•t) irlj�' r, .•I�rN Irr ` ir.wSi. l.I. ' Ei '.11. 1!'�t!'`a�irl� f'`ilr�wr 1. + N � � r �.�i,,�r• r, r '1 =r` Iji �� r5'li, r e�l`1•rl/� �E �{�1' 1. Fi � i i r f .r '�:. jfrl t t 11 ii knl hi A ��� 44 �li4 1e5 71J� 11.li+. ., :•i� a. +.rl t'ie .r�: il4l i�l�j`'1 " �iNJ.�'1 ), 1atti�l + s i f:15�1r'1 rk 441 � ;T: ri: , '. �i' I•I ` � E4. y ���e!. r �+I i li 7 1 ;,u'i . 1 4 fr r /M I .. i .'rr .'i r� Irr.rii ill Iri1r1�,.7:i.T• it� �f}'r. ��� �.fl'`�. � �!.•„�,1�� � � i � �1 �. Ilr l•1.%r! t��!,�'.i;� it r�•f f ' 7 1 it I i11 . _11, •�,I Ii � ire IY ! �i � �+ t�r j•..� 1111 7. , f+' f1 • r. � ' I !r jmet�he � 1H Off,MASSACHUSETTS; 11Essex Coupj y• ss 19Then personally appeared beforbove named .C'.� (J ��kideJti10Wledged the foregoing instrument to befree act and deed. ,r 0 Signature f Notary public r c> — My commission expires uza COMMONWEALTH UP MASSACHUSETTS Essex County , ss f 19 'Chen personally appeared before we the above reamed _ and acknowledged the foregoing instrument to be _ free act and deed, ;signature of Notary Public My commission expires_ COMMONWEALTH OF MASSACHUSETTS 19 ss as Then personally appeared tile the Applicant or his/its be his or her free act and agent ndeedd an file foregoing instrument to b free act and deed of the Applicant , before me. liol:.ary Publ i.c 14y commission Exf)ires : FORM J } LOT RELEASE 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 Performance Bond or Surety and dated Or t7n1-%P-r 12 1999 , 19 and/or by the Covenant dated September 20 , 19 98 and recorded in District Deeds, Book 5415 Page 277 or registered in NIA Land Registry District as Document No. and noted on Certificate of Title No. in Registration Book , Page has been completed/partially completed, to the satisfaction of the Planning Board to adequately serve the enumerated lots shown on Plan entitled "Rose Meadow" Subdivision Plan of Land No . Andoversection (s) Sheets Plan dated June 27 , 19 98 recorded by the W Registry of Deeds, Plan Book or registered in said Land Registry District, Plan Book , 00 Plan 13456 and said lots are hereby released from the M restriction as to sale and building specified thereon. 01 Lots designated on said Plan as follows : (Lot Number (s) and street(s) ) 1A b . (To be attested by a Registered Land Surveyor) I hereby certify that lot number (s) 1A on Winter street (s) do conform to layout as shown on Definitive Plan entitled " Rose Meadow" Subdivision section Sheet (s) " or C �- 0 Registered Land Surveyor s . 13972 �FG15iER���� 1.A1iQ gV raEX NORT H RF-Gl TRY D C� LAWRENCE, MASS. A TROF CNay- AvTrfS T. 1 of 2 �. . . '.,...-;',000TTA-DALY AT LAW a{p REUSs R UFDr-r�D T ST%CEO` : :: .49 • :lie t 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 October 12 � 19 99 � and/or Covenant dated Septem er , lg 98— from Santo & Anne Messina of the City/Town of NortN Andover Essex County, Massachusetts recorded with the Essex No—rth District Deeds; Book 5415 Page 277 or registered in Land Registry District as Document 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: EXECUTED as a sealed .instrument this OLday of dC ' � 1 , 19 Majority of the Planning Board of the Town of North Andover COMMONWEALTH OF MASSACHUSETTS �ss�x s s _ �� 19 {r Then personally appeared one nl,t he above members of the Planning Board of the Town of North Andover, Massachusetts and acknowledged the foregoing instrument to be the free act and deed of said Planning Board,/ before me. Nota Public r� My Commission Expires 2 of 2 1 r 81 DORM M CONVEYANCE Ole E Sl MEN'I'S• AND [1'1'iLITIE'S %ntn r sfrla & llnr►e P Itra ,(titinicof owner)of 268 rV uilve Us Averse, I`k-). h-:Irvx,{a(Idress) Count 1, Massachilsells; for [Ile con5'l[leration of h'LL•OCT - hardly� epi ilrlts, trREl5fcrS a11(I (ILIIvcrS ►iilto Ilia Towel of North Andover, a lilu:licipal corpor,111oli !I) f ssex County, Ilse followilig: A. The ilei'petnal rights and ea5E;I1 ents to construct, 111specl, repair, milova, FePhIce, apernte and forever Inuiriblin (1) a sankary sewer or sewers witil any illllnholcs, pipes, Colultiks and other appurlenanccs, (2) pipes, conduits and dicir appurtctlnlices for lite convcyli►lcu of water, and (3) a covered surface alld grc>llad water drain or drains wills silly i►lnrilu►les, plpcs, ccincluils all I II►cir appurteilalices, and to do all to liforesaolher icts id purposns,il ill, (Ile tl through, (III(l itoldorillgla ilia `V11t1 0 cif titd l illass `E31r.91:'t�Eiover ranlike } Itlilta Stu ilia * Flrl'l EI Ill 1' . I dillult t`Elcstrr:IlnEl mild ])fail Is tirade and stlld plan is lilcorpontled`�IL`1'uh I'tir a complete: ao(I 11t.hE't'r3iJl delaild description of sllld roads. D. The perpelIla[rights alld ease► enls to uSa for � (klCscribo E1SC/purposo) Ilia following parcel of land sititatc[I oil --ifi t:er t_•mt (Street) in sul[I Town of North Andover EinEI boilncleEl and dcscrilacd as follows: eee Malls recorded herewi.t.h PIA,-, i I'Ile grantor wElrrtults lllal the arol.csid(I utisemenls are 1'rec mid Cloar of Ills Hells or ClIculnllrtlnces, that lie (it) bas good title to tralisfer llte same, alld that Ile will dol'and the Saillo ngalum cl,iinis of all persons, For grsultoi''s lille sec deed from Mty N. P1 ssirki d.11c(I April.I_l 2.3 , 1[) 97 , loll recorded In 1!6 'iyt _ District Regislry of Deeds, (look lt� i , Paw 1.56 or uneler Certiticata of TitAAleffNo,—PIA—, registered in_fir# District of ilia banal Collet, Book 't'liis is lull it honlcsleacl property. p To be completed if s1 a►ortgagc exists: A tut � 1 the present holder of a mortgage oil 111C above described land, which Illorigagc Is dated �I _, lS) NIl�t aticl racur[lu[I In stied C)cecls, licrnk_..i�� , Page_p , for Considertltioll (laid, Iw1'eliy NlelltlL`s 1n11ti 111E Town foravor from Ilia operation of sald morigagrs, ilia rights and easellielll% herein above granted and assL'llls llicrelo. truer 'a to a s' Ifni c' Owner Riede Wss.l nn OCl oll IN WITNESS IWllEltr0le we ha+'a hereto set our hands abet scals this (Illy of 98 CAMII.I_C MIRAGI_IOTTA-DALY ATTORNEY AT LAW 2,15 MARKET 5TREFS ,—v . 4 n BK s -Q 104,'t-111A cnlyaIVIONWEALT11 OF NIASSACHUS✓IATS ss 1999 Tlrcn per5{5ilally llplmttrcd talc above tuuncd +_...._�y����1Aa65i`✓," and t�ckii{3wlc(11;e(i 1Le fc�rcg(�i(tig to be ffCC liCt and deed, before 1Y1(:. yY�A��ri[t-1(.J.�1lS ta!- l : f> I1 , f[).A I AJA(t lit. !I. U�ct•�cl 1r, '3c3 CQNCHIYAR.40YOT f1 MY COMMISSION BCC726316 NcNary tr; VXPIIIES:Match 22,2002 ncndid llitu 1joWy PubYc ltndrnviEtias NOT10i This cmwey(tnce is not cffeclive uutii ncceplc(i I)y 'i'otivn tilcctlit�;, l+i11 I I S , i LAW OFFICES t27 TURNPIKE STREET NORTH ANDOVER.MASSACHUSZTTS 01845.5095 I �IICTPR L. HATEM; (978)685-3358 ALSiCI nisrnrr�p w nr.H. FAX: (970)682-1712 1O51=OHI V. MAHONEY 15ETEIq L. HATEM . } ALU6 AOM[TTEO IN FLORIOA ANO .H. I 1 April 14, 1998 'Kathleen Bradley Co well NORTH ANDOVER PLANNING DEPT. E ! I4orth Andover, Mat 1 � 1� R�. Form+A, Winter Street 1 Dear Kathleen: 1 The Messina of is a lovel+�piece of property but, from a conservative point o£vrew,.I doubt that'iit'qualifie' .for ANR a ,dorsetne'nt under the!subdivision statute,. First,Winter 3treet is not!a public way, nor a way maintained as such. Second,the s cot is shown on a plan recorded'.as No. 10085 anhe Essex North Registry of'Deeds. The plan, t hough, is not approved, but only endorsed by the Planning Board, and the:' statute seehis to ii dt ate!that both approval and endorsement are required. {' Third, that p, rtidn of Wi>to Street may have been in existence when the subdivision control law became t ffective in North Andover but it's questionable;that it would have sufficient width, suitable grade and adequate construction to meet town street standards. I On tile other', anal, from a more liberal point of view, ANR approval might not be out of E tt a questiori'if the Pi nning Board took the position that Winter Street, as it exists,would be ( sufficient to serve o. y the lot proposed, and no other. (Access is actual; its adequacy is in gisestian.)Winter S' eetis no highway;if may best be negotiated by a Jeep or other SUV. But a fii e.truck could god wd it, if it had to. A sprinklere'd house, though, might cover Sire safety considerations. I If it were up! o me, and if there.were no objection from the neighbors or the local { I1,bureaucracy I coup seethe lot Being endorsed as a Form A—provided'the developer agreed v4th 1 ! the town to certain eguards including,.'but not limited to, upgrading the appropriate section a�' Winter Street(I gu ; s that's alrehdy in°the works) and installing sprinklers. ! Joe Mahoney E MAIL P.02 town of North Andover ' NoaTk " OITICEOI COMMUNITY DEVELOPMENT AND SERVICES ° 30 School Street �q North Andover,Massachusetts 01845 wIILLLAM J,SCOTr SS4CHUS� Direelor Memorandum To: Joel Bard, Esq., Kopelman & Paige From: Kathleen Bradley Colwell, Town Planner r Date: May 8, 1998 Re: FORM A Plan on Winter Street The Planning Board has been reviewing the creation of a FORM A lot on an unconstructed portion of Winter Street. According to the information provide to the Board this portion of Winter Street is either a town way or a private town way however the Town has no obligation to maintain or to keep all or part of any part of this way in repair. I have attached a copy of an opinion from Attorney Peter Caruso concerning this issue. In 1985 the Planning Board endorsed a FORM A plan creating 7 lots along this portion of Winter Street, The landowner is now before the Board requesting the creation of two lots fi'om six of the seven original lots. This portion of Winter Street is gravel path that is somewhat passable by a car but is definitely not up to Town standards. DPW has requested that the roadway is brought to 22' of pavement, a hammerhead be created at the end of the lot for emergency vehicle turnaround, an easement on the property for future roadway expansion be given, and appropriate drainage be provided. Question: Can the Board place these conditions under the FORM A process or is review as subdivision required? If the conditions can be placed on the property under the FORM A process how is this accomplished? Due Date: May 19, 1998 —the Next Planning Board meeting BOARD OF APPEALS 688-954 k B(RLDING 688-9545 CONSERVATION 688-9530 HEALTIi 688 9540 PLANNING 688-9535 01/06/1993 03: 35 6899572 N.A. DPW PAGE 01 a ) j -QVVN OF NORTH ANDOVEq, MASSACHUSETT$ DIVISION OF PUBLIC WORKS 38,1 0$G000 STREET. 01845 ,WILLIAM HMURCIAK, P (: Telephono(508)685-0950 01RECTOR Fax(508)6BB-9573 6 M f y y � y April 3, 1998 SgcwusE Ms. Kathleen Colwe)j Town Planner 30 School Street. North Andover, MA 01845 Re: DPW' s Recommendations for Winter Street. Improvements Hear Ms , Colwell , A new inainline sewer will be installed as part of the town' s next sewer extension contract, Phase 3C, on the "abandoned" portion of Winter Street. from South Bradford Street to the existing Winter Street Pump Station (see attached map) . Currently this stretch of Winter Street ic�, a -4ravel road and therefore not maintained by the town , The Tina product of Winter Street as specified by the Phase 3C Sewer Pro e='-�, will be a gravel road similar to its present condition. Sewer stubs to existing homes and vacant lots will be installed, which w.il,l, create the potential for some Iota to be developed, Development of these lots should require construction of a roadway with sufficient-, width, grade and construction as outlined in the town' s rules acid regulations. Winter Street cannot be made a thruway to Great P;.)nd toad, therefore a cul-de-sac will also be required and the lets will have access from South Bradford Street only. This Division understands the unique nature of this situation and will work with the Planning Department if the above recommendations prove to be i of eas J ble. Very truly yours , ^FAo,l Timot /�i J. Willett Staft Engineer cc: Bill HmiA 'c.iak, Jim Rana 01/06/1993 . 03. 35 6889573 N.A. DPW PAGE 02 , ^JF) op 70 !21 !1 r 6LIJ !59 ° M5`1 g1S2 j 49 a0 r41 !a2 ! q3S yU 09.30 --�� P3G N T 1 r A C T 020 !qg �(102 p 120 4 � ti q25 dg A 7 5 S54 V� Q- . r52 50U TN 4 ` .. ,V2$ #g4 Nay 095 #933 029 ,s g}34 r,87 rf' 6120 0177 #18 11a5 �•'• l905 �-- \. Ng9 !n 59 f ' !• r89� #140 r175 ' r #880 g865 w C lFi70 4858 r- r777 y 00 r -'� r767 LAKE COCHI CH WICK .o .. a N759 88 Y768 k5p /35 17a7 r85 !66 r712 r691 r40 f�. f g2ga i #30 � p270 /I q r6B1 x�ao g295 ti r`` I MEMORANDUM Issue: Is Winter Street from Great Pond Road to South Bradford Street in the Town of North Andover a way which can be used for access to lands abutting said Winter Street portion , Answer: Yes, in my opinion according to the attached information, Winter ---' Street from Great Pond Road to South Bradford Street is either a Town way or a private town way, however, the Town of North Andover has no obligation to maintain or to keel) all or any part of this way in repair, Issue: Can this portion of Winter Street he used as a way for the purpose of development of land along said Street, Answer: Subdivision control may be avoided if it can be shown that this portion of Winter Street was in existence when the subdivision law became effective in North Andover, and further, in the opinion of the North Andover Planning Board, if this section has sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land, and also for the installation of municipal services to serve such land and the buildings to be erected thereon. Facts: A. Maps and Plans, All plans , unless indicated, are recorded at the Registry of Deeds. 1 . Winter Street from South Bradford Street to Great Pond Road Is shown on the old plan mounted at the Town Cleric's office. 2. Plan 2496 shows this portion of Winter Street but notes it is "discontinued. " 3. Plan 5970 shows Winter Street as a boundary. , 4. Plan 7437 shows Winter Street to scale measuring approximately 30 feet in width. This plan notes Winter Street as "abandon," 5. Plan 7436 shows Winter Street but it is not named. Also, Frank G. Gelinas decided to place the boundary to the middle of Winter Street. 6. Plan 9390 shows Winter Street with an opening onto South Brad- ford Street. 7. Plan 7548 shows Winter. Street. The plan notes Winter Street as "abandon." )50AN0001lzN R. Assesspr's Plan, Sheet 103, shows Winter Street with no notations (N,NEYS A,').AW and further opening onto both South Bradford Street and Great CELMaquAft- Pond Road and Bridle Path. w)V e11,FAA 011310 -- 9. Official Town Map shows dotted lines indicating where Winter M111)4111-67(X) . Street would connect South Bradford and Great Pond (toad. - I - B. Town Records. 1 . official Town Street Card shows this portion of Winter Street as being "public" until Town Meeting of 1930. 2. In Article 31 of the March 1930 Town Meeting Warrant, a copy Of which is on Page 16 of the Annual Report, there was a pro-' posal to the voters either to discontinue as "town ways or private town ways" the following section of "streets or ways in town" -- the list includes "hinter Street from Great Pond Road to South Bradford Street" or in the alternative to discontinue maintenance of said streets and ways, It is important to note that in 1930 this section of Winter Street was identified as a "Town way or private Town way, " It is also Important to note that it: was voted NOT to discontinue these streets or ways but only NoT to keep them in repair. C. [feeds recorded at Registry of Deeds of abutters, 1 . Book 381 , page 658. Original deed into NarUSZeWicz. Fourth Parcel , Rose Meadow, is locus, Spofford Road is our section of Winter Street, probably named after Spofford Woodland at inter- section of Winter Street and Great Pond Road, see plan 2496, Description states "bounded northerly by Spofford Road. . . . . ° 2. Book 842, Page 97, description uses Winter Street section as bound. Notes hinter Street was formerly Spofford Road. Indicates long use as a road and access, 3. Book 816, Page 405, and Book 984, Page 175 state as a bound "a discontinued roadway once known as Winter Street. " 4. Book 1315, Page 746, States Winter Street as a bound. Same as Book 842, Page 97 above. 5. Hook 1896, Page 49. States northerly and Northwesterly bound as Winter Street. This is Santo Messina deed, The Law: Research as indicated herein finds that at no time was this section of Winter Street either discontinued as a public or private way or street or was abandoned. This section still appears on Town maps and in Town records , although in varying dotted line forms, This section still appears as boun- daries in deeds and on plans of record. The official Town meeting .vote was only to not inaintai'n this section of Winter Street. It is an established rule of law that an owner whose property is bounded by a way which connects at each end with a road leading to a highway E. CAE7415tf ANO COHN is entitled to have access going tin either direction , if all roads appear /,II011NkVSAICAW on a plan, ONF_E:!M 501Jnnr At 04svp fi,Mtn ulnln 16171 q)y.C lsxf 2 i i J According to M.G.L.A. c. 183, Sec. 58 "every instrument passing title to real estate abutting a way, whether public or private, — shall be construed to include any fee interest of the grantor in such way. . . " In this case there is the right of access to pass and repass. The public 's right to pass and repass and the abutting land owner' s rights of access do not appear to have been extinguished, discontinued, or abandoned by the town oe, any of the landowners, The Town, through its planning board, has the authority to determine that a way of varying with an acess onto a public road of a width less than 50 feet, may still be used for the development of land along that way, In North Andover, usually Mr. Gyr will make a recommendation as to the suitabi- lity of the way to accommodate the needs of vehicular traffic and municipal service and whether said way and bottleneck access has sufficient width, suitable grades, and adequate construction. North Andover requires a 50 foot width, but will accept a 40 foot width. It will be necessary to apply for a waiver, at both access points , to the 30 foot width shown on the recorded plans . Therefore, the Planning Board has the authority to grant a form A, If in its discretion it votes to waive the 50 foot width requirement for this street. However, the Planning Hoard may require, as a contingency to its approval , that this portion of Winter Street be improved to meat Town standards as the suitability to accommodate the needs of vehicular traffic and municipal services, It is important to note that except for that portion of hinter Street having access onto South Bradford and Great Pond Road, the middle portion of this road abuts land owned by Mr. Messina enabling this section to have a constructed width according to the Planning hoard' s decisions. • CAM)SO ANI]col IIir) AI I01RIF YS AI tAW 4WE Fl M,511t1A11tj AtllloVl:11,MA 01010 46171475.O RO I ,n,:n .. .. -. ,. .., ,4. , ,i ,. 4 - ` f` r , ± r { f. .... .il:, . •,Jvr.p�,.•b'PPl�at Yk1g1�.�i ! t L r 6 1fN'NLTAL AGponjr } present bad And trouble breeding features of the roadway_ Petition of William G. Davis. Unfavorable action talcen under this article but with the recoinnrenclatfori that the street be put in r�assal�le con- +' (Iftion and that expense incurred be 10ten from tiie ap- propi-fat.fon faade for Streets, 111glkIVOy8 and Bridges. Article Ed. To see If the town will vote to raise and Appropriate file sum of $600.00 to construct a surface druirr on Sargent Street beginning at Hodges Street avid continuing- . westerly the entire Teng(h, a distance of approximately 454 feet. Petition of Leo Alurpby and others, Voted to Take and uppropi ate the sum of six hundred . dollars Co cdnstruA (Train vnentioned in tliia ai i.icle. Article'111. To see if the town will vote to discon- tinue as town ways or private town ways, under chapter e1glity-two of the General Laws, all or any of the follow- Ing section of streets or Nvays in tit e town, namely: (1) Par- lr num Street from the Saw Ali]) to Ash Street; (2) Pern Street i from Varnliam Street to Berry Street; (3) Berry Street rl from the residence of Air. Towne to Ash Street; (4) Whaler Street from Great Pond Road to South Bradford Street; (6) Short Street from Great'Pond Road to the intersection of the road coming from the residence of Air. Frost; (6) Towne Street from the Turnpike to Farnham Street; (7) Abbott Street from the, house of Joseph Mullen to the house of Victor Verdei,•or as an alternative, to see if the f own will vote to Instruct, the selectmen as officers having chart,►e of the laying out;of bib►llways, in conjunction with (lie Committee on Roads, to-petition the county commis- sioners, under chapter 289 of the Acts of 1924, for relief + frorn the obligation of h9eping all or any part of said ways in repair, Petition of Committee on Roads. , Voted the alternatiife;f1hat the town instruct its Se- lectmen as officers leaving eharge of the )aYing out of high- , Ways, in conjunction wii,li the committee on roads to peti-' Lion the County Commissioners, under clinpter 289, of the Acts of 1924, for relief 'from the obligation of keeping all or any part of said ways in repair. Article 32. 'To see if the town will vote to accept Norman Road from Railroad Avenue to Buckingham Road, a distance of about 400 feet as laic] out on plan of Pacific M ills land, " Petition of Eugene Boeglin and others. Voted, that this article be referred back t T "the pet[- .-�- rr a'� i' f��r}}r +!1°� jrLI'-IL it !t ,1}'� I y(,,3 of K 14�1 t11•I S;' i ( f +;' - t�,� t �' �N/']( >.t Pt wl.I /SJa� 1. \ 1 F G .# M I4 '• 1 tf + T rv��"y � "�. t� �y a l � s rr F Yjl ,�I o, 1 �,�, • 'j'.'�` r•� � e !'"�rrp'?t �'! t 4,'• r'}} �. )p I (7 ,rt;.�5.'Ar, i{�`i?� ..?:t. � �rl��, i ���J"*1�2 tT� �� •�� J V' r ,t�, .��))�sl C� rl?"; �;'.efi �i — i r f --r I'SY ,tn a ;4 Ir.�, �I -. .r/ �r. t �`( �� ��•`� i��r� '•' 7 �L'" 1��1i:1r'[I`#' il•.T. r le 7 rt •,1.'' n t7 i' • r t {rhk� A . j:Flp?F e +� 1ti (, i a $' ���y#�� 'r f'�' Ir ����e�+f�i�• '�i 't, t i .r •.s r,k �y�` ':'✓F+J}�u S 1 r r ll C I}rl' , q� � `. • .'cr }- .I •� S ; � Slt.,:t�l�l Ar I..�`I'I�h7� +i I��'�"�{yr �t ,�R t � 'k � f�.. i h�ri�r t f r 11+T il4 tt i ss r I. I l ' ,�t 1 ,1 fi', r •r rr+ i ri,1..ad;�t 'R. I l -4 �• t..AF . I !#' r 'I, ,i `I• ras. 4'� . 7 {;,A:78tF r a, SEt ��'r��s r p,l;jG.h"�r/4i -•�'. 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J't{,�S//,1/;�/5• C %!tl A'a�ry 1'utClG•-•Ju+1ia�/4A�Pr+rz .�IJ `t+'' P}!.> ly t' i s j t 11y runluti,rinn ezpiru" '/f1/Lir`/9p 11t + L1t .Y Recorded,NOV, 12s6Ft�' E;'f2,?7?3; kll 'art'. �ja I' r fxi l'1 .fjj�;,.•t• ^— �.—�-----�..—..�_.ii.Y..� .�.-...._ ...mow _:..a-�--' � fY, p't rt. r�3{y ti k _ ......• ..--, r 'ri//,,I:.r:� i s``rI I �+? � •I µ, , Sy�� .1 :.1i ), .#f 1 r lls-'f i # G 1 r I ^ Yi 1f� :>;le 14, r. r'S''�xt.�frr �f '',-I 'f� - [ r1 7 If •,� -I;� ?/r�F4'�fll^rr 'Iri '� Y _ t ���('�, rsr r !jl �� i .�, .. 1 1 t `4 " , � i', t� ' .1- iflr !i� 1`' t * ! � I uA-a •� .. s t rl � 44.S5:rr '� r P t 4 �llrr, F t '1'll ; •t y;-,+�' ii .dY r t Si''' t.' A• r }i•f� .f '1 {! 7 ,1, ,"+ i-�, '�r ft �'e q}j{ i € It t �• »aq r� ?5�'+' , ! ;t 1 r ,i rj I !# .r,i it 'l} ��, �'},� :w {`J t l ♦( �!' '~ l xl�: �. 1 1 I.. r !. .j..F ;il, {) �f,Y�,i,.l, �J.! ' .r+ . •�s, J. y��r r� ,,{�-yrGti�• r �.q- r -I �r �,, lists ,� �. �# ram"1,•'S'�4'r �4 r �r��� a�S,.4• �t aJ'. sk 1'-Y• _ '' -'rj .�tT. n 'i, r x. d�fr'�r' � A )ht. 1 �( l"/ r i,Ya:! j:H::114'Ai i r.. rh Lt ., M.•��Ir1` .Y'e':'I.'' { L 1 'I r ,.l � Y+ 1 I�y,s `Fy. � 'f ties ra�.�� R 5�..) � '.F k �' F F4 '•�iFd i i � (# .. s r ,1 t(,�'ikll l:y, �rl.`.r ,+�' '�; r�•`.y�lt , {I x ` '' Sr a . 9 I! .t, r I I rr., t1 +'}�,fy ;,;lr;��1 ':�--�<a J '#,err„ i� ay,r ;�• ,�. 5 1{ 1 r ...i• r „'" i h I 't'.,1:. t')'. �t1 i I, •k 'r),' + I r �.�•',.`:.�.y�k:, G i'rj it r�t.�l',i' .. j., '{,r,, � ,r� r ' I i^4t skear,r•. •.i I - <(!'{r 'il j ' hA F7 / €_' ._ y'1 ' t• r i ,.1 , 1 i:. tr:': .:''r• } ,la,. 5. t#.14,'r i� d, :1 1�# �, s , � I ,• d>-n .- ! N T r '1 1 # q 141�, tl < vItleta'�•'�y � traG� sr S'prrrsr r r + j V jttrit U)+n1 S� 1 � q3o Artfele 31, `1'o see if the towit will vote to discos- . ._..__ _�_ tlllU,e aS..,tOSin ways or private town, ways, under-Chapter ..........,... eighty-two of the General Laws, all or any of the follow- ing section of streets or ways in the town, namely: (1.) Far- num Street from the Saw Mill to Ash Street; (2) Fern Street from Farnham Street to Berry Street; (3) Berry Street from the residence of Mr. Towne to Ash Street; (4j Winter Street fto n Great Pond Road to South Bradford Street; (G) Short Street from Great f'azict lod tolie iiit'eKs'ec inn of the road coming from the residence of Mr, Frost; (6) ' Towne Street from the Turnpike to Farnham Street j (7) Abbott Street from the house of Joseph Mullen to the house of Victor Verdez, or as an alternative, to see if the town will vote to instruct the selectmen as officers having charge of the laying out of highways, in conjunction with the Committee on Roads, to petition the county commis- sioners, under c}iapter.289 of the Acts of 1924, for relief from the obligation of keeping all or any part of said ways iil repair. Petition of Committee oil Roads. Voted the alternative;'that the town instruct its Se- lectmen as officers having charge of the laying out of high- tvays, in conjunction with the committee on roads to peti- tion the County Commissioners, under chapter 299, of the Acts of 1924, for relief from the obligation of keeping all or any part of said ways in""" pain: ` .e.._ f JV VV 1J 1Y ..V "V. f JUJ VVVV VUr r d LEONARD KOtELMAN KOPELMAN AND PAIGE, P. C. DAVID J. DONESKI DONALD 0. PAIGE 5ANORA M.CHARTUN EL€XABETH A. LANE ATTORNEYS AT LAZY ILANA M.auIRK JOYCE FRANK 13ATR€C1A A. CANTOR I. JOHN W.Q1011010 31 ST. JAMES AVENUIR JOHN R.HUCKSAM,JR. BARSANA J.sA1NT ANDHE SUSAN M.GALLA€IAN JOEL E.BARD BOSTON, MA$$ACHLISETTG 021t6•A102 THOMAS P. LANE.JR. EVERETT J. MAROFR BRIAN W. RILEY PaYRICK J. COSTELLO ROBERT PATTEN JOSEPH L.TEHAN, JR. €617)83"007 MARK R. REICH '.. ANK19-MAR19 M, NYLAND rAX(bly)e35L.17313 MARY L. GIORGIO THERE23A M. OOWOY ..-•—.-• KATHLEEN E. CONNOLLT PITTSFIELD 6FF= CHRISTOPHER J. GROLL EOWARn M. MIMLLY (413)443.0100 IQMR6ALY A. HOLLIDAY GIRI11=7703t wffwfd N PI7•€CC v MICHELE E. RANQAZZQ NORTHAMPTON tlFFICE PARnvtN R.KLe1N THOMAS W,MCCNANCY WILLIAM HEW1G 111 (413) 666.6Q3Y. JONATHAN M.SILVER9TEIN VZOORAH A. ELIA90N Y(MOTHY J.ERVIN JEANNE S. MCKNIGNT WORCCATIZA OFFICE KATHAR€NE 1.00AE6 JUMITH C. CUTLER ($00)792.0203 CHRISTOPHER J.TOLLART RIcHARD ROWCN MRISTEN B. MAGENDANTJ» KATHLEEN M.O'DONNELL R013 RT T, FORD LAURA NEL60N KLING May 19, 1998 BY FACSIMILE-(978) 689-9542 Planning Board Town of North Andover 30 School Street North Andover, MA 01845 Re: Foo�m A Plax�4n Winter Strcct Dear Members of the Planning Board, You have asked if the Planning Board may approve a Form A plan(an"approval not required plan" filed under G.L. c.41, §81P)contingent on several conditions,including the completion of wort:to improve the condition of the frontage road. In my opinion, the Subdivision Control Law does not allow for conditional approval of Fonn A plans,with the result that there is no way to enforce any conditions which the Board might impose when endorsing an approval not required plan. You have provided me with some information regarding a proposal to Qreatc sever lots along a portion of Winter Street that appears to have been in existence for inany years, well before the adoption of subdivision control in North.Andover. The status of the road as a public way(versus private way)is not Clear, The owner appears to be proposing to upgrade the road to meet the Town's requirements (Division of Public Works and the Plazming Board's). This section of winter Street is currently a gravel road not maintained by the Town.. PRINYEt3 ON 119CYCLED PAPER