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Home My WebLink About1986-08-18 Proposed Utility Easement Correspondence r Essex County Greenbelt Association, Inc. 82 Eastern Avenue, Essex, Massachusetts 01929 Tel: 768-7241 August 28 ,1986 John Burkholder Land Vest Ten Post Office Square Boston , Ma 02109 Dear John , I have discussed your request for a determination 'on a waterline easement with our Acquisitions Chairman , Bob Livermore and the Chairman of the North Andover Planning Board #, Eric Nitsche . May I restate our willingness to accommodate your request as ,soon as we obtain from you sufficient information to make such a determination . The copy of an assessor 's map with a line draw across the center which you sent to us is inadequate . For Greenbelt to seriously consider your request we will need information which will answer these questions : What is the length and width of the easement? What is the shortest distance across wetlands that would accommodate this easement? Is this. in addition to or in place of the easement required of Coventry II from Hidden Court on the Definitive Plans? Is a service road required for future maintenance of the waterline? Will the Conservation Commission allow such a crossing of wetlands? What is the exact location of the easement and its relation to the boundaries of the land coming to Greenbelt? What is the short and long term effects on the land created by allowing such a waterline? Are there realistic alternatives to this Town mandated waterline "loop"? D UR cLi �!!l ice; Working to keep inipol-1011€parrs of 1:ssC.X CUun€t/gfeen through kind Qc quisillon. ('Or].sE. € r LS lF(`flt)i7,;'CII 0 611oco i Essex County Greenbelt Assoc . Page 2 Please send the information requested as soon as possible so that we can address this request with diligence . Cordially, James MacDou aall g Land Manager JSM cc : North Andover Planning Boar Al Shaboo , Design Engineering Assoc . Scott Moorehead , Beta Engineering R . Livermore T . Peters , N .A . Cons . Comm. r w Essex County Greenbelt Association, Inc. 82 Eastern Avenue, Essex, Massachusetts 01929 Tel: 768-7241 September 11 , 1986 Mr . John Burkholder Land/Vest 10 Post Office Square Boston ,, Ma 02109 Dear John : At your request the Greenbelt Association has reviewed the proposed utility easement across land now of North Andover Associates . I apologize for our tardy reply but the nature of the question necessitated discusssion with a number of people . The Greenbelt Association would be very concerned if a utility easement were to be constructed across Purgatory Swamp . The premise of our agreement with North Andover Associates has been and continues to be one of habitat preservation . Purgatory Swamp and the adjacent upland are an important natural community . The prospect of an utility easement bisecting this valuable natural resource startles and alarms us . It seems contrary to our goals and in my mind jeopardizes the need for an agreement . What will we have protected if the swamp is filled and the wildlife corridor broken with a maintained easement? While we are not able to address the future water needs of the Town of North Andover , our discussions with various North Andover officials (Planning Board members , the North Andover Fire Chief , etc .) indicate that alternatives to this easement are present and available . Several Town officials have suggested looping the water mains through the existing road network . Such an alternative would maximize construction in already disturbed areasr meet the needs of the community, and preserve the Swamp , ko)r'kinrt fn kart r imr rnrfnnf:rrrrf�fir J=curry('nrnih 0 nrrnn rhrnrrnh fnnrl nr•nrricirrrvir rnncnrrvvs;rsr,rncrrirrLv,c nn i„ f...... „ s • _z_ i i I hope that you communicate our concern to the Town . If I can be of any assistance in those discuss ions please do not hesitate to call on me . Sincerely, Eliza'04th A . Bell Executive Director cc : Chairman , North Andover Planning Board Chairman , North Andover Conservation Commission Chief , North Andover Fire Department ,_ - ~i}],anning Director , Town of North Andover Conservation Officer , Town of North Andover R. Livermore , Vice President , Greenbelt TOWN OF NORTH ANDOV5R, MASSACHUSETTS OFFICE OF CONSERVATION COMMISSION �,��4`, •s �O� TELEPHONE 683—.7105 Y ' M SSA C ItllSk I, PURSUANT TO THE AUTHORITY OF THE WETLANDS PROTECTION ACT,. MASSACHUSETTS GENERAL LAWS CHAPTER 131, SECTION 40, AS AMENDED, AND THE TOWN OF NORTH ANDOVER'S WETLAND PROTECTION BYLAW, THE NORTH ANDOVER CONSERVATION COMMISSION WILL HOLD A PUBLIC HEARING ON March 4, 1987 AT 8:00 P.M. AT THE TOWN BUILDING SELECTMEN'S MEETING ROOM, 120 MAIN STREET, NORTH ANDOVER, MA ON THE NOTICE OF INTENT OF CBC Realty Trust TO ALTER LAND AT Christian Way (Turner Estates)Lots #6310 FOR PURPOSES OF and 11 Construction of two Detention Areas and related piping. PLANS ARE AVAILABLE AT THE CONSERVATION COMMISSION OFFICE, T014N BUILDING, 120 MAIN STREET, NORTH ANDOVER, MA ON WEEKDAYS, FROM 8:30 to 4:3.0 P.M. AND BY APPOINTMENT, BY: GUILLERMO J. VICENS CHAIRMAN, NACC RUN ONCE IN THE North Andover Citizen ON� February 26th. 1987 N cc: PLANNING BOARD BOARD OF HEALTH PUBLIC WORKS HIGHWAY DEPT. APPLICANT ENGINEER DEQE FIRE CHIEF Bldg. Inspection PLANNING COMMONWEALTH OF MASSACHUSETTS i LAND COURT DEPARTMENT OF THE TRIAL COURT SUFFOLK , SS. CIVIL ACTION NO. 108926 JOHN McELHINEY, et al ) vs. ) AGREEMENT FOR JUDGMENT LAND' /VEST PROPERTIES, INC. , ) et al ) TO THE RECORDER OF THE ABOVE NAMED COURT: It is hereby agreed that the following entries may be made in the above entitled action: 1 . The plaintiffs will execute and deliver to Fames J . Philb.in and Ralph P . Ciardi.ello, Trustees of Et Al Realty Trust , a deed to lot A, as set forth in Exhibit "A" attached hereto. 2 . The defendant , North Andover Associates , will execute and deliver to the plaintiffs a deed to lot 47 , as shown on plan No. 369031 , as set forth in Exhibit "B" attached hereto. 3 . The defendant , [forth Andover Associates , will cause to be executed and dellve:.ed to the plaintiffs from James J . Philbin and Ralph P . Ciardiello , Trustees of Et Al Realty Trust , an easement fifty feet in width , as set forth in Exhibit " C„ attached hereto. 4 . That during the calendar year 1984 , the defendant, North Andover Associates , will clear, remove stumps and rough grade the easement area as set forth in the easement attached hereto as Exhibit "C" . r ' � 1 5 . In all other respects this complaint will be dismissed with prejudice . f Gary S. ackrider Attorn� for plaintiffs 19 North St. Salem, Mass. 01970 Tel ( 617 ) 745-8850 Carmine W. DiAdamo Attorney for defendant 722 Bay State Bldg. Lawrence, Mass. 1840 T 17 ) 685- 271 H old Morley, Jr. Attorney for defendant 505 Bay State Bldg. Lawrence, Mass. 01840 Tel . ( 617 ) 683-9423 r i t 4 a North Andover Associates, a limited partnership duly formed and existing under Chapter 109, Massachusetts General Laws, of Boston, Suffolk County, Massachusetts for consideration paid, and in full consideration of $1.00 grants to Robert McElhiney of Miami, Dade County, Florida and John A. McElhiney of North Andover, Essex County, Massachusetts as tenants in common WITH QUITCLAIM COVENANTS A certain parcel of land situated in North Andover, Essex County, Massachusetts, being shown as Lot 4 y , area 3,1564 acres more or less on a plan of land entitled "A subdivision plan of land in North Andover, Massachusetts" dated January 6, 1984 , Plaistow Consultants, Registered land surveyors filed with the Land Registration Office as Plan No. 369031, bounded and described as follows: EASTERLY by land now or formerly of Vogel, now being land of the grantees in five courses, 126.91 feet, 109.64 feet, 184.47 feet, 181.85 feet, and 170.72 feet; SOUTHERLY in two courses by land now or formerly of Herbert Farnsworth, now Essex County Greenbelt Association, 54.18 feet and 150.49 feet; WESTERLY & NORTHERLY by other land of the grantors 795.76 feet and 174.34 feet respectively. Witness its hand and seal this 31st day of January, 1904. North Andover Associates Land/vest Propertf , Iqc. S�1e b � �a1/��.r er�/�.._.....�.._. Richard F. Perkins President THE COMMONWEALTH OF MASSACHUSETTS Essex ss. January 31, 1984 Then personally appeared the above named Richard F. Perkins, President and acknowledged the fo oing instrument to be the free act and deed of Land/Vest pert es, Ian . , beffore m o Public My Commission Expi ��"� i Robert McElhiney, also known as Robert B. McElhiney, of Miami , Dade County, Florida and John A. McElhiney of North Andover, Essex County, Massachusetts for consideration paid, and in full consideration of $1.00 grants to James J. Philbin and Ralph P. Ciardiello, Trustees of ET AL Realty Trust under a Declaration of Trust dated June 4, 1981 recorded with Essex North District Registry of Deeds, Book 1508, Page 284 of 754 Forest Street, North Andover, Massachusetts WITH QUITCLAIM COVENANTS A certain parcel of land situated in North Andover, Essex County, Massachusetts being shown as Lot (A) , area 6,811 square feet, more or less, on a plan of land entitled "Plan of Land in North Andover, Mass. prepared for Land/Vest showing easement dated January 5, 1984" , Plaistow Consultants, Registered Land Surveyors, recorded with Essex North District Registry of Deeds as Plan No. bounded and described as follows: SOUTHERLY and WESTERLY by land of the grantors, 109.59 feet and 124.94 feet, respectively; NORTHEASTERLY by land of the grantees shown as Lots 42 and 43 on plan filed with Land Court as Plan No. 36903H, 157.62 feet. Being part of the same premises devised to us by will of Isabella B. Vogel, Essex Probate No. 337681, the sole issue of the late Margaret McElhiney. ✓ Witness our hands and seals this day of , 1984 lam. /,nncl l R�L"/ll�4C jUeA� -PU 4F FLORIDA Robert Mc lhiney h1Y Comm$SiON EXPIRE$ SEPT 24 1986 1 IJIONDED 1HRU GENERAL INSURANCE UND / ohn A McElhiney THE COMMONWEALTH OF MASSACHUSETTS Essex ss. 1984 Then personally appeared the above named John A. McElhiney and acknowledged the foregoing instrument to be his free act and deed, before me. Notary Public My Co�Jmm'ssion expires: Qi�(/ ,YA p69 NO1`AkY4U_RLIC STATE OF MY COAiMiSS1 2•I Wo BONS GENERAL IN-ZKAWui„ . Y 4 EASEMENT James J. Philbin and Ralph P. Ciardiello, Trustees of ET AL Realty Trust under a declaration of Trust dated June 4, 1981 recorded with Essex North District Registry of Deeds, Book 1508, Page 284 of 754 Forest Street, North Andover, Massachusetts for consideration paid, and in full consideration of grants to Robert McElhiney of Miami, Dade County, Florida and John A. McElhiney of North Andover, Essex County, Massachusetts' as tenants in common WITH QUITCLAIM COVENANTS An easement for all purposes for which streets are used in the Town of North Andover in, upon and under the following described land: EASTERLY by Bridges Lane, Fifty feet; SOUTHERLY by a portion of Lot 17 and 41 on a plan of land hereinafter mentioned, 269.19 feet; SOUTHWESTERLY by land of the grantees, shown as same plan as land of Vogel, 66.08 feet, and NORTHERLY by Lots 42 and 18, as shown on said plan 309.51 feet. The above described land is shown as a plan of land entitled "Plan of land in North Andover, Mass. " Plaistow Consultants, Reg. Land Surveyors dated. January 5; '1984 and recorded with Essex North District Registry of Deeds as Plan No. The above described easement covers both registered and non- registered land, the registered land being Lots 41 and 42 as Plan No. 36903H filed with the Land Registration office. Witness our hands and seals this 31st d � /J n ary, 1984 J es J. Philbin, rustee Ralph` Ciardiello, Trustee THE COMMONWEALTH OF MASSACHUSETTS Essex as. January 31, 1984 Then personally appeared the above named James . Philbin, Trustee and Ralph P. Ciardiello, rustee and ackn ledged the foregoing instrument to be the r act�nd deed, b fore me, arold Morley, J . Notary Public My Commission E rest 10/8/87 t6'6wi Kff 0.twv 001 COMMONWEALTH OF MASSACHUSETTS t i LAND COURT DEPARTMENT V OF THE TRIAL COURT :7 f: 6FFOLK , SS. CIVIL ACTION � NO. 108926 JOHN McELHINEY, et al ) VS. ) AGREEMENT FOR JUDGMENT LAND/VEST PROPERTIES , INC. , } et al . ) TO THE RECORDER OF THE ABOVE NAMED COURT: It is hereby agreed that the following entries may/LA,be made in the above entitled action: 1 . The plaintiffs will execute and deliver to James J. Philbin and Ralph P . Ciardiello, Trustees of Et Al Realty Trust , a deed to lot A, as set forth in Exhibit "A" attached hereto. 2 . The defendant, North Andover,-'Associates , will execute and deliver to the plaintiffs a deed to lot 47 , - as shown on plan No. 369031 , as set forth in Exhibit "B" attached hereto. i 3 . The defendant , North Andover Associates , will cause to be executed and delivered to the plaintiffs from James J . Philbin and Ralph P . Ciardiello , Trustees of Et Al Realty Trust , an easement fifty feet in width , as set forth in Exhibit _" C " attached hereto. 4 . That during the calendar year 1984 , the defendant, North Andover Associates , will clear, remove stumps and rou9h. grade the easement area as set forth in the easement attached hereto as Exhibit "C" . • 5 . In all other respects this complaint will be dismissed with prejudice . Gary S. Sackrider Attorney for plaintiffs 19 North St. Salem, Mass , 01970 Tel . ( 617 ) 745-8850 Carmine W. DiAdamo Attorney for defendant 722 Bay State Bldg. Lawrence , Mass. 01840 Tel. 7 ) 685-4271 Sar d Mo ley , Jr, Attorney for defen t 505 Bay State B1d . Lawrence , Mass. 01840 Tel. ( 617 ) 683--9423