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HomeMy WebLinkAbout1969-10-15 Legal Documents & Related Correspondence DESCRIPTION OF LAND FOR FLYNN SUB-DIVISION Land in North Andover owned by Joseph J. and Pauline Flynn, situated at the intersection of Boxford and Fbrest Streets, and bounded and described as followsa Beginning at a point at the Northeasterly corner of said premises at land now or formerly of Nellie Szelest; thence running in an Easterly direction by a stone wall by lAnd of said Szelest and Francis F. Kittridge, by various courses, 1704.23 Feet; more or less; thence turning and running in a Southwesterly direction by a stone wall by land now or formerly of Edward and Amy J&A6use, 83$.54 feet, more or lose; thenoe turning and running Nortwesterly by a stone wall by lend of said Jax6�use, 307.40 feet, more or less; thence turning and running Southwesterly, 753.56 feet more or less by land of said Ja 4use and Charles J. Robinson; thence running along land of Joseph J. and Pauline Flynn in a Northerly direction 900 feet more or less; thence turning and running Easterly about 500 feet by land of said Flynn to point of beginning. t t i K NASIAN & MINASIAN ATTORNEYS AT LAW 316 ESSEX STREET LA.WRENCE, MASSACHUSETTS 01W HAIG J. MWASIAN Area Code 617 ROBERT H. MINASIAN 'ITEL5 Office 682-5560 Rm 682-0058 December 13, 1977 North Andover Planning Board Town Hall North Andover, Massachusetts 01845 Attn: Gilda Blackstock Re: Spinning Wheel Estates Joseph J. & Pauline F. Flynn Dear Gilda: I enclose herein a partial release to be signed by the Chairman of the Planning Board and notarized by. you. I would appreciate receiving same as soon as practical so that we can coney a good title to a Buyer. On September 15, 1977, your Board released Lots 4 through 21. I thank you for your co-operation. On December 12, 1977, I dropped off a copy of the As-Built Plan. Yours very truly, Minasian & Minasian By: RHM/m Enc. f��S/ 77 FORM J RELEASE FORM The undorsigned't 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 19 and/or by the Covenant dated IX) 19 anc recorded in Dist'--lot Deecs , Book Page or rQqistere't in Land RegistrY Djstrjot as Documenn No . and noted on Certificate of Title No . ii, ,egintration Book Page --; has been conplated/ partiaily completed , to tne satisfaction of the Planninq Boar,'� to adequately serve the enumerated jots shown on Plan entitlea shoetz 19! d recorded by One Q'164111-.- an at ed Reqj2try ot DeeC,S , 2Lan xov.: 6-L2-:7------ or registered in said Land Registry Diwtr:�Ct , 2IM-1 Plan and said lots ar'_ hereby feleaned from the restriction as to sale and building specified thereon . hots design aced on said Plan as &Llows , Kot NumberW onr, surveyor , ( To be azoasred :a 5y a Regiszered Land 1 hereby aartity that lot numoef ` ------- do conh = to QYDuz W shown Qn Dyfinizive Plan 9nninle,-2, L • Ld. Page The Town of ; Ath Andover, a municipal rporati.on 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 dated 0_400 '-Q 19 QJ­ from -:5-C2Seg I, V � of the City/Town of u County, Massachusetts recorded with the District Deeds , B**r f6i Page , or registered in Land Registry District as Document No . and noted on Certificate of Title No . , in Registration Book _ �, Page , acknowledges sati5taction 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 o&or day of U" Majority of the Planning Board QU f the Town of North Andover t"1/ CGi•I;• OrWErALTH OF MASSACHUSETTS Then personaily appeared &WAa__A--/). fAft , one members of the Planning Board of tne ';own of North Andover, i"iassaohu2etts and .'.cknOS- ltdged the foregoing instrument to be to `fee act and deed of :gold planning Board, before me . ZSAoL)er" c.. ,RAJ - — -------- Notary Public My Commission Expirss : Page of 2 � 1 P A R T I AL R E L E A S E At a regular meeting of the Planning Board of North Andover, t held on September ,' 1977 , pursuant to Mass . Gen. Laws, Chapter r. 51, Section 81 , it was VOTED to release Lots 4 through 21 inclusive of Spinning Wheel Estates, a shown on Plan of Land entitled: "Spinning Wheel Estates" , Joseph J. and Pauline F. Flynn, Owners, drawn by Robert E. Anderson, Inc . , C. E. , and dated May 5 , 1969 , recorded in North Essex Registry of Deeds as Plan # 6127 , from a covenant running with the land, dated October 24 , 1969, and recorded in North Essex Registry of Deeds, Book 1142 , Page 392 , and Book 1287 , Page 278 . Said lots are also shown on the "As-Built Plan - Spinning Wheel Estates, dated April 11, 1977, Charles E. Cyr, C. E. , Owners , Joseph J. Flynn and Pauline F . Flynn" recorded with North Essex Registry of Deeds, on Plan # 7724 . NORTH ANDOVER PLANNING BOARD By COMMONWEALTH OF MASSACHUSETTS ESSEX, SS . North Andover , Mass . Then personally appeared the above named r and acknowledged the above to be his free act and deed, before me, jr MINASIAN & MINASUN ATTORNEYS AT LAW 316 ESSEX STREET LAWRENCE, MASSACHUSErrS 0190 HAIG J. MINASIAN Area Code 617 ROBERT H, MINASIAN S Reiice 682-5 I Res, 682.0060 58 December 13, 1977 North Andover Planning Board Town Hall North Andover, Massachusetts 01845 Attn: Gilda Blackstock Re: Spinning Wheel Estates Joseph J. & Pauline F. Flynn Dear Gilda: 1 enclose herein a partial release to be signed by the Chairman of the Planning Board and notarized by you. T would appreciate receiving same as soon as practical so that we can convy a good title to a Buyer. On September 15, 1977 , your Board released Lots 4 through 21. I thank you for your co-operation. On December 12, 1977 , I dropped off a copy of the As--Built Plan. Yours very truly, Minasian & Minasian By: RHM/m Enc. t f f FROM THR OE5K OF . . . tiMAURICE RAVICH r ATTORNEY AT LAW i January 31, 1992 Dear Mr. Huntress : As per our phone conversation? T have enclosed a copy of the recorded document relative to a Covenant running with the Land which affects Lot 23 at 31 Candlestick Road, North Andover. l would appreciate hearing from you j 6 relative to a Release of this covenant . i VA, P Maurice Ravich ttafteg �a �reo , 'the said LA.WRENCE COOPERATIVE BANK has used its 'carp rte seal, to be hereto affixed and these presents to be signed in its name and bet f by its duly authoriz officer s , ' ootober$ 1969 this Twen -sogeribh day of LAWRENC CO ERA/F1V'0 ,r etc (Con nbucoldi o 40000CM; . Essex, ctober 27='' 19b9 Then personally appeare he above named Vera G.Pe ieks. Assistitnt Treasurer as aforesaid a acknowledged the foregoing instrument to the free act and deed'of the Lawrence Cooperative ank , before me, r tary public � Thy commission expiros 19 y Essex, ss. Recorded Oct. 279 1969 at 35M past 12P.M. #707 COVOMU XUNNING WITH THE UND 1 fursUant to the provisions of 00L. o, 41, 81 Ut wet JOsrPH J. FLYNN AND I PAULINE FLYKNg husband and wife, of North Andover, Fasex County, , 0omMiawes4th of Masoachusettal being the owners of that traot of land in' ' sil1ait',]�drth; bdover shorn on that plan of land entitled "SPINNING WiiM M H J. AN'D PAULINE„1FLYNHs -owners p drawn by.Robert E. Anderso MOBS Ina,f; i�. Be 4d.4 date& � 5j` 19.6Q� hersby joihtdy a � severally COtIffi�AN7 with the Platir+ing Hoard ,of +riiidrl��th Andover °as its taemberehip nod ig e is '��� nt0 00ni may from time to time hrrsl►f; ti� r followsi si r - 4 11 ;wpm�"'""'I'PIl1 3 U. MUNICIPAL SERVICES 1300W,',S{�j�� THAT 'PjiE WAYS REQ1JtRED TO $B CON$mRUG'1'IaD AND mli3� is �1 REQUIRED TO BE INSTALLED WITHIN SAID TRACto PURSUANT TO THE RULES AND RE3ULATIONS OF SAID BOABDi. IN ANY CONDITIONS WHICH HAVE HEREAFPSR BE SPECIFICALLY •IHP09PD B7 IT RELATIVE TO P .: ;:';;; i BEEN OR SHALL Arl$ THE SUBDIVISION OF SAID TRACTS SH" BE PROVIDED TO SERVE ANY LOT ,s } SHOWN ON SAID PLAN BEFORE SUCH LOT MAY BE BUILT UPON OR CONVETEDt rx OTHER THAN BY MORTUAGN Dom• 3 The covenantors understand and agree that thisq their Covenantf shall run with the land as to all of said lotiat and shall be binding and effective . eToept ae it mny hereafter be "released" by said Boards in full or in part f all as provided by said 81 U. / }1 M. r XMUTED' AS A S�'.ALED INSTRU 't this day of d� 1969 0��R J ._/ �i? c AULINE FLYN t5 ;Z4:'r. COMWWIIALTH. OF MASSACHUSETTS /d 1969 Essext 880 Then personally appeared JOSEPH J• FLYNN$ and aoknow'ledged the foregoing instrument as and to•be his f ro* nd deed, before me. ;., . L CS NOTARY PUBLIC ` My Comission Expires January 14, 1972 Essex�ss. Reoorded Oct. 27t 1969 at 47M Past 1P.M. #70e 5 .z No 09PARTMKNT OF COM " MATIONR ANO TAXATION INNKNITANCX TAX •URKAU i c L_53 INHERITANCE TAX REAL ESTATE CERTIFICATE DECLARATION Or CovENANTS ANo RESTRIC7'IONs roll Rut.LSTATi or •1i 554 ATTIVS REALTY TRUST IN NORTH ANDOVER, MASS. WHEREAS, ATTIUS REALTY TRUST, a Trust duly established under +?� the Laws of the Commonwealth of Massachusetts, and existNq under r ' a Trust indenture dated May 20, 1976, recorded in the North Essex : Registry of Deeds, Book 1206, Page 729, and having its principal { place of business on willow Road, eoxford, Massaehusetts,(herein- ' after called Owner) is the Owner of certain land in said North Andover, conveyed to said trust by ,7oseph J. and Pauline r: rlynn by deed dated May 20, 1976r and recorded in Book 12161 Page 738, 'r' North Essex Registry of Deeds and shown on Two (2) plans, -Y% )LA 1 entitled 'Plan of Land in North Andover entitled Spinning Wheal _ �• (' � p7G Estate, Candlestick Road, Joseph J. and Pauline F. rlynn, Owners', # drawn by Robert E. Anderson Inc., Civil Lngineers, dated May S, 1969, recorded with North Essex Registry of Dead■ as Plan 9 6127,and 1 2 on Plan entitled 'Plan of Land in North Andover, Mass„ Robert S. Anderson Inc., Civil Engineers, dated May 61 19690 Owners, Joseph J. and Pauline rlynn" recorded with said !forth Essex Registry ?sx • of Deedo as Plan i 6091. Said Subdivision contains 21 lots, nuWwred ! 1-2S inclusive. MALRt11s, owner desires to create thereon a rssidentlmI coanunity, and r RREREAS, The Owner declares for itself and its successors and r, —A assigns in record title, that all the land shown as Twanty»Eight Lots on the aforesaid plan, is and shall-be held, transferred, acids convoyed, inherited sn4 occupied subject to and with the benefit ra . of the covenants, roateictions, easements, charges and lions. hQroinAfter set forth. r• 4 � i 1,re• • ,r • i . ' .. , � 14 � 't1 _ "'�l �•� '''� +.•a'a•+,} S.r.'a►►r v.y,r' S ,,' ., ., ♦ •.. .�. � ':i•�a•:'l►' A• 1 •i t,.t/if. + � ��I r• -a...(�r.' S, � � ( 1„ ;..''{� �"S'S •1 .may r�� i. •� • '+,i .-�''1� .. .r&{:• r. '►�' S�.t' S �f�H,;�. ;:.y, � -� ft'3 gjFh{3.; �'f,�� 'i1`'� l�'� r•r ""' Y �;. • .i��. �.?. CF 41 �`Y�� �"��� .�- . '". �"'' �A'f. �� .� ..,"�-.. "f_';i vi .�r.,.�. i gar!",:•1;v.; I i i _B8 _ 555 Rasr�elcr:aas a scheme owner declares that the cossw rrrtriatians ors inpcssd tee 1N. Section' a in acco &n with 3,nWsl Laws ('frt. Ld'.r Chap � 26, for the benefit of each owner or owners of thw aforementioned lots shown a sai3 plan/ enforceable by it at law or in equity. ' Notices recorded in the yasex North pirtriet Registry of.oeads :s riodr of ties in which these restrictions are in extending for pe force may be retarded by any lot owner. Vo use ,bsaj1 he stale of said land which bee I, conflict laws. except.as the same asY bs lawful ar non- with the Loaing 87f Sal per sits; exceptions. the granting of apes ��'•: conforming uses os by or variances. dwelling, •�"i 3, tpildimgr other than a single. orir-Easily j tout-building .hall be which include a garage. and "Purtenan on the efocasarntion d F erected# placed or saintained on anY lot shown .. include a garage* a tool Plans. 1lppartenant out-buildings }asY provided always r.er house. Playhouseo grNahours or similar atruaorso f Pany building tion snd inata that the plans fbr theerecliation ' prior to the c110"nceaent of conatructiarir or out buildin4 shall. p ,•.� pwusr ar its succerors aY assigns. as herring 4 be approved by t7se t ,! after provided. building(s) erected , ;•�•., 7. DCilitiasi .,,vice connections to any ',i as shown as said Plan• 4ha11 be con- 'f :+ on say lot. afarssaid. sad y ' strutted -A na road underground. + •_ ' inta Y'�•. sijsearr trsd� or Profersiaar or saaitariuw shell b•• . d. No bu however from any building lot. +xcepti bilding erected on an :+q, %�•..`� ' ' conducted eat or bcokerr :! that a physiciaar dentist, la++Yert in surance ag scientist or artist may "intain an office in writer. architect. ' ;. ;. rofessiooal use provided., .�„ ..� ecs for his personal p y his rasidet+oe thatrson. he esploysierain not More than one pa i 1 DR 13 2 4' ----------- • �. No poultry hour or yard, rabbit hutch@ dol, oat or other 556 i Napa of kennel, shall be erected or maintained on any lot nar • shfell horses, pigs or other barnyard animals be stabled or main- ` twined thereon. This restriction shall not apply to household pots, reasonable in numbar. ,. 6. Clothes lines and poles, outside television antennas and rabic serials shall be located on or near each residence in such . as seasonably passible, invisible a way that they are, as much Iraw Candlestick Road. No tank for the storage of fuel MAY be - - maintained on any lot unless it is isaintainod under ground or within a building. cLS 7. No yard or open area on any lot shall be used for the storage or parking of trucks, machinery, supplies, materials or ' • - S equipment of any business conducted by any fat owner off the t _ • preatises. I ;"r�� • t. E.ch tot owner shall provide a garage on each lot for the parkiaq of automobiles used by the lot owner and his family. { sign of any kind shall be displayed to the public vie t•<', f' on, any lot except one sign of not store than 60 width and 24" lengt Lis size denoting the owner's names) and/or profession, and one svo!► sign indicating the property is for sale, 11 APPROVAL OT BUILD PLANS RESTRICTIONS r'x No structure, whether reaidence, appurtenant building, tennis' coart, swimming pool or other iieprovement shall be constructed or , maintained on any lot and no alteration to the exterior of a f,s; sttuoture or addition thereto, shall be madeo unless complete plan specifications and lot plans therefore, showing the exterior dssiq ~ height, bedding "terial and oolor soheme thereof, the location -. asi also of the drivewaya♦ the lacatiox of the sewerags disposal 1 ,•••1 .•f. �'•• ,,► _ }.-a�.w: �'r fn `• ��j .•, . ..�.i'• ,Y ,•4•. r. ..:1.Y .�. :f S•• \�. E u � .,.jr• h:E}�{ r' ►�3 •.J�a;[.�=Xl' T.,'is�i:r � +r••�i I{.�.t�ar.Sf: fiww•�s�s<.,;•:',.i?1 T+�'.k�.i.E:.i'~.i'a.f •E `, M t � .' ip �4y� iZf: .�Yti�; !. i ti � t. F'•,. � r la 7 e i ryyv'� i��'f.»�K,,'7T. 1. 4'"i±•� ''P��:/ r�,.•f�f�Nf•� !�J 1 r.:• •L••A.• '!' •��` �• *•, - i !�7•i -.. ���3 /new r�+ - - '"y'e+ .v. .-.•.yyf.: s t B$2 B 8 0» ---- _^ _... 557 system, the general plan of landscaping# fencing# wa1111 and Wind - breaks* and the grading plan shall have been submitted to and' ' apprrovad in writing by the Owner or its successors or assigner i andacopy of such plans, specifications and lot plans as 1lnally; ' s approved, deposited with the Owner or its successors or assigns. I t ! f; No residence shall be constructed which costs lam■ than 564.040.40 j } ; i + fair mark et value above the ground. I{ s The owner or its successors or assigns shall issue a written i certificate, Acknowledged for the purpose of recording, certifying k •} � thtt the building and landscaping plans required by this reatric- S ! rt I roved as herein required . a a bee n submitte d and ha ve p1? • � lion have been su , i Nothing herein shall require the lot owner to record instruments approval but.they may be so recorded at lox owners' ertifying • c pp . !�! expense, to satisfy title examinations. GENERAL PROVISIONS StXTIOM 1. DUPATioN. The covenants and restrictions of this i t ' Declarattoa shall run with and bind the land, and shall inure to ! s:,.rnN«.�.r i;i;rr�.r,. �: •f rr bonalit of and be enforceable by the Owner or the Owner Of at1Y l _ '•� ,•� ! the it successors in record r i lod subject to this Declaration and the ! title, for terms of thirty, (10) Years frogs the data this III peclarat3on is recorded► after which time said covenants and restrictions shall be extended in accordance with Conersl Laws (om, Ed-) 'Chapter 104, Section 27, if the than owners decide. SECYIoii 2. - NOTICES. 1►r5y notice required to be ment to any own-or undo the provisions of this Declarwtion shall be deemed is + 1 ' have bag+ properly sent when wailed•Certifiad Hail, postpaid, to ho ears ss owner at the ' the least known address of the person w a PP i'?: ►i` :� y. i tine of such sailing• ai>;,•,:F:;.iA.}{`,; a reign 'tii,��`;�i�`ti� � iii��`iL • ..-r•�.,�-a . •,,, '• • ,'r.• , 'j,+•' • , 5' t � l •jis�, ! •'' < I �: .� 1� tie,..' •r � s rk :,71} F •': - .• .. mill,�..':�*: -�. , •l '.•, , .� f'r� ��-j•y,. r ,:;y 4iAIVER or 9REACfi. A waiver by the owner or its � - 55B SECTION 3, ` J� succesors or assigns Of the covenants, restrictions, agreements or charger herein contained, in any instance shall not constitute a { t' r waiver of the right to enforce any Of such covenants, reetriationg agreements or charger thereafter, S any easements covenant, restriction, SECTION 1. - INVALIDITY. If be held invalid by agreement or charge herein conrained should such invalidity shall in no way effect any other enre- any Court, sent@ covenant, restrictions agreement or charge he contained. - ' RESERVED itIGBT To GRANT EASEMENTS ,;':�,,*��- :3 ,yhe ,pwner, for itself and its successors os assigns in zecord title, reserves the right to grant easements, for utility purposes, ion and the like, in the vats shown on the aforementi ned cable televis , service box° + plans, so long as they are private ways# and for such }Y . attachment@ for electrical enerq k47' wires, conduits and the necessary, i ea and any other t water and qas VAins and Pipes store water drains, srethod of eonduetiag.and performing any utility function along or LhW �rif3 !►! under the ground. RSTRICTIONB AS To SPECIFIC LDTa L x, The residences rooted on Late 22, 27, 21 and 2S shall face r iveway or other exit @hall be made on Candlestick Road and fan dr to forest, Street. ATTIUS REALTY TRUST osep J, F nn IV .f Pau '.''. n., Cot1K4NiiFALTN OF }LAaSACNUBMS September 28, 1977 zSSE%, Sa. ! f3ubsarlbsd and sworn before m + personally, �+�R Robert H. M nag n Ml icy Yu o Reaordsd 9epl.29,1977 ab 4s4OPJ1 09630 :4 A ,1 ♦ ! ._.l A,J., .M.'J, ..l �y nor+'� , � - �. j KAREN H.P,NELSON a Town of 120 Main. Street, 01845 Director NORTH ANDOVER (508) 682-6483 BUILDING aS'° eAcwe DIVISION OIL CONSERVATION PLANNING PLANNING & COMMUNITY DEVELOPMENT February 3 , 1992 Mr. Maurice Ravich Attorney At Law 11 Lawrence Street Lawrence, MA 01840 Re: Lot 23 , Candlestick Road Dear Mr. Ravich; I am in receipt of your letter dated January 31, 1992 with regard to covenants which may affect the above referenced property. In my review of the Definitive Subdivision files for Spinning Wheel Estates, it has become my opinion that Lot #23 is not subject to the Covenant running with the land, between Joseph J. and Pauline Flynn and the Town of North Andover, Recorded with the Northern Essex Registry of Deeds as Book 1142 , page 392. On May 5, 1969 the North Andover Planning Board signed an Approval Not Required (ANR) plan for lots 1, 22 , 23 , 24 , 25, 26, 27 and 28 fronting on Boxford Street and Forest Street. On June 3 , 1969, Joseph J. and Pauline Flynn submitted an application for Definitive Subdivision to the North Andover Planning Board for 20 lots at the intersection of Boxford street and Forest Street. This Definitive Subdivision application was specifically for lots 2 through 21 as shown on the Plans prepared by Robert E. Anderson, dated May 5, 1969 . As lot 23 was created through the ANR process on May 5, 1969 , and was not part of the Definitive Subdivision submitted for review on June 3 , 1969, 1 would not consider lot 23 to be a part of the Spinning Wheel Estates subdivision or subject to the Covenant recorded with the N.E.R.D. as Book 1142 , page 392 . However, lot 23 may be subject to private covenants imposed by Joseph J. and Pauline Flynn, in which the Town of North Andover would have no primary interest and could not therefor release lots from such private covenants. r � February 3 , 1992 Mr. Maurice Ravich Page 2 . I hope this answers any questions or concerns which you may have for the Town of North Andover with regard to lot 23 , Candlestick Road. Please feel free to contact my office should you require additional information. Sincere Christian C. Huntress Town Planner cc: Karen H. P. Nelson, Director DPCD. 1 1 BELFORD CONSTRUCTION INC. February 9, 1995 Dear members of the North Andover planning board In regards to lot #3 Candlestick road, I would like to request the release of the planning board covenants pertaining to Spinning Wheel Estates dated October 24, 1969, and recorded by Essex North, District Registry of deeds plan # 6127. I ask the board to discuss this issue on the meeting of February 22, 1995. Sincerely Mark F Rae � ` | \ � | ' ` ' | . ' | | 0epartment of Planning & Community Development / � lown of North Anduver / v. . 120 Main Strew ` -- -�- - -- North FIT : Lot 3, Candlestick Road � � Dear Committee Memhers : � � l respoctfnlly request Agenda timm on Tuesday, Fubruary 21 rogar� in� a Planning Covenant Release for Lnt 3, Candlestick / � Qoad , North Andover , relative to Form J-Releasn of Covenant , � Thank you . � Sincerely yours, Bolfor� Conskructiao Co . Mark F. Ran Presi NMI � Doc 1 Pg 1 In 6" Pns 1 .7" �