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HomeMy WebLinkAbout2006-07-18 Legal Documents & Correspondence 1 1 BK 7223 PG 143 QULTCLAiM DEED We Anthony E. Steele,II and Lori V. Steele,formerly known as Lori V.LFevre of North,Andover,Essex County,Massachusetts,in consideration of Two Hundred Twenty Thousand Dollars($220,000,00)paid, grant to Jo Riverview Stree. Conlon d Deborah A. Conlon t,North Andover, Essex husband and wife, as tenants by the entirety, of 71 County,Massachusetts, with Quitclaim Covenants the land.in North Andover, said Essex County,Massachusetts,with all the buildings thereon,bounded and described as follows'. FIRST TRACT. Beginning at a point at an iron 100 feet placed northeon the easterly line of rly from the northeasterly land . now or formerly of Suttons Mills,Inc., seven and 34 bound of land now or formerly of Joseph Kandrut, thence northeasterly along said line seventy one and 221100 feet to an iron pipe;thence turning and running in an northwesterly direction ri ninety one and 70/100 feet along the southerly line ofthealand t an�wgle r o nerly of 99 degrees seventy ones G e et ux to an iron pipe; thence turning and running northerly and 75/100 feet along the westerly boundary of land of Griva to an iron pipe; thence turning northeasterly at an angle of 93 degrees and running along another continuingSouthernboundary dar the same of land f said Griva one hundred forty four and 8/10 feet to an pipe;thence direction a distance of seventy five feet more or ie 1VIer limack River ande easterly bank of the runni g Merrimack distance RQ�er; thence turning south along the easterly bank of sixty five feet more or less to the center of a brook; thence tneelaf two hundred twenty nine feewing the center of said brook ty various courses in a general southeasterly irection a �, more or less to a stake;thence turning southwesterly along the northeasterly bound of a strip of land belonging now or formerly to Michael Fitzgerald et ux and running a distance of twenty01 � nine feet to an iron pipe on the westerly side of Riverview Street;thence turning and running � ° northeasterly along the westerly side of Riverview Street fifty five and /iq feet to the end of said � two feet IN) ro street; thence turning and running easterly along the rsouthwetherly sterly along the of said street t easterly line of to the northeasterly corner of said street;thence turning r' said street and running a distance of fifty five and 54/100 feet to an iron pipe; thence turning southeasterly at an angle 89.28 degrees and running a distance of fifty seven feet to the point of a a beginning. Said premises are the same an indicated on a plan of land owned by Michael F. Fitzgerald et ux,drawn July 1930 by Morse and Dickinson,Engineers,recorded with North 41 Essex Registry of Deeds as plan No. 817. Also subject to right to pass and repass over a strip of land north of said Riverview Street. SECOND TRACT: Being lot l 5B on Plan No Land BOLJNDED North vasr as foll follows: for , Nellie Jurkewic,recorded with said Deeds as P NORTHERLY twenty nine feet by lot 15A on said plan ,:jsaLi And Simepia, ls...:. Four Avail Street P.O. Box 152 WAKE FIELD, MA 01880 i EASTERLY sixty seven and 671100 feet by land of the Boston&Maine Railroad; SOUTHERLY thirty seven and 321100 feet by lot 15C on said plan and WESTERLY seventy one and 22/100 feet by land now or formerly of Nellie Jukens,being the first tract hereinbefore described. Subject to easements, agreements and restrictions of record insofar as the same are still in force and applicable. Being the same premises conveyed to Grantors by Deed of Joyce R. Bloomquist and Angelina Conti dated June 1, 1999 and recorded at Essex North District Registry of Deeds in Book 5484, Page 009, and deed of Anthony E. Steele, l and Lori V. LeFevre to Anthony E. by the entirety,dated August l7,Q01 Steele 11 and Lori V. Steele,Husband and Wife,tenant and recorded at said Registry in Book b317�Page ated July�42, as �2002 exed by aecuted by Grantors and elease and Extinguishment of Easement and Right of y Michele T. Kierstead of North Andover,MA, which Release and Extinguishment is recorded at said Registry of Deeds at Book 6951,Page 101. Executed as a sealed 'instrument this 31 st day of October,2002. h Anthony E. S e1e,11 *ori teele,�Wa Lori V. Lel;evre COMMONWEALTH OF MASSACHUSETTS October 31,2002 Essex, ss. Then personally appeared the above named Anthony E. Steele, their f 11 ree act and deed,d Lori V. Steele, fore Lori V. LeFevre and acknowledged the foregoing instrument Sally J houn Notary ublie My Commission Expires: November 29, 2007 U%EX NOR,rH REGIS'rRy OF LAWRENCE, A I-RuE 41, R OF DEM 10/11/2006 09:43 9787506940 SEARSLAW PAGE 04 A.hcr RecordWX Ae(urn to- leott I Coletti,Rhonda E.Colatti, Sharon M.Coletti 73 tt,tygview Strcet N.Andover,MA 01Ads MASSACHUSE;.TTS QU>ITC)LAtM)DEED We,Btajemin F.Sands,.Tr.and Douglas U.Sends,both of North Andover,Essex County,Massachusetts,for consideration pad,and in full consideration of Two Hundred Sixty Tbousaud($260,000.00)Dollars grant to Scott R.Coletti and Rhonda R.Coletti,husband and wife,as tenants by the entirety,and ShAron M.Coletti,individually,as joint tenants with the right of survivorship,of 73 Riverview Street,North Andover,Essex County,Massachusetts with 0U171CLAIMCOVEIVANTS: PARCELr; Ibc following parcel of land together with the buildings thereon,situated in North Andover,Essex County,Massachusetts bounded and described as follows; .Beginning at the southeasterly corner ofthepremises at an iron pipe by land of Sutton's Mills,Inc.;thence running noMeasterly one hundred fifty-four(154 feet)to a stone bound at land of Boston&Maine Railroad;thence runrtitrg northerly one hundred thirty- .six(136)feet More or less to an iron pipe at land now or formerly of 1.0.Safford liens; thence nerthwesterly two hundred seventy(270)feet more or less by land of the%aid J.O. Safford to the Merrlmack River;thence southwesterly one hundred eighty-eight(198) feet more or legs by said Mcnimack River;to a point at land now or formerly of Michael P.Fitzgerald,Catherine W.Fitzgerald and Mary D.McCarthy;thence southeasterly seveatty-five(75)fact to an iron pipe;thenft continuity one hundred forty-four and 8/10 (144.8)feet in the samo general direction to an iron pipe by land now or Formerly of Michael F,Fitzgerald,Catherine W.Fitzgerald,and Mary D,iMOCarthyl thence turtling at an angle of 93"In a southwesterly direction and rurul ng seventy-onc and 75/100(71.75) feet to on iron pipo;tht:nae turning at an angle of99°in a southwesterly direction and running nJrItV• ree and 45/1.00(93.45)feet to the point of beginning. RAROLAI The land in North Andover,Esscvc County,Massachusetts,bounded and described as follows: LOT NO, 15- A portion of a cerlain triangular shaped parcel of Innd oituated in North Andover,Essex County,and being shown as Lot No. 15-A on a"plan of Land iri North Andover,Maas., as subdivided for Nellio Jukins(Jurkewic),"ootober 1950,Ralph P,Brasseur,C.E., recorded with Northern District of Esscx Registry of Deeds as Desk Platt No.2317. Said lotis more particularly bounded and described according to said plan as follows: Ul 10/11/2006 09:43 9787506940 SEARSLAW PAGE 05 Exhibit,A, PARCEL,l: The fallowing parcel of hold together with the buildings thereon, situated in North Andover, Essex County, Massachusetts bounded and described as follow$: Beginning at the southeasterly comer of the promisee at an iron pipe by land of Sutton's Mills, Frio., thence rtinnr ing northeasterly one hundred fifty-four (154 feet)to a stone bound at land of Boston&Maine Railroad; thence running northerly one hundred thirty-six(136)feet more or legs to an iron pipe at laird now or formerly of J.O.Saf td Wra,thence northwestoriy two hundred severity(270)feet errors or less by land of the sold J.©, Safford to the Merrimack River,thence souihwesterly ono hundred eighty-eight(188)foot more or loss by said Morrimuk River;to a point at land now or famtetly of Michael F.Pitzgerald , Catherine W. Fftzgerald and Mary D.McCarthy;thence southeasterly severity-five(7$)feet to en iron pipe;thence continuing one hundred fortyfbur and 8/10 (144,8) feet in the sam;o genexal direction to do iron pipe by land now or formerly of Michael F. Fitzgerald,Catherine W.Fitzgemid,and Mary D.McCarthy;thence turning at mi angle of 93 in a southwesterly direction and runni.ag seventy-ono and 75/100(71,75) feet to an iron pipe;thence turning at gat angle of 99 in a southwesterly direodon and running ninety-three and 45/100 (93.45) feet to the point OF bcginnirtg. MCi L 11: The land in North Andover,F,ssox County,Massachusetts,bounded and described as follows: LOT NO..15-A A portion of a certain triangulrlr shaped parcel of laud situated in North Audnver, Essex County, and being abown as Lot No, 15-A on a 'Tian of Land in North Andover, Mm., as subdivided for Nellie Jukina (Jurk04c),"October 1950,Mph P.Bra-gseur,C.B,,recorded with Northern District of Essex Registry of feeds as Desk Plan No.2317. Said lot is more particularly bounded and described according to said plea as follows., BCAWAg at the so-called apex of said triangular shaped parcel of land at a stone bound; thence running In a southwesterly direction according to said plan 160.97 feet by the Boston 8a Maine Railroad to an iron pipe; thence in a northwesbaly direction by Lot 01.5.E according to said plan 29 feet to an iron pipe;thence running in a northeasterly direction by land formerly of!ernes and Katerina Griva, 153.90 t0 it drill hole;thence easterly 1.70 foot to the point of beginning. Containing 2400 square feet,more or loss,according to said plant. Bela$the same pretWses conveyed to tine herein named mortgagor(s)by deed recorded with Essex North Dietdot Registry of.Deeds herewith. G�� i 1 with 753 w oneiaesotions, do hereby grant unto said James irrava and ate m Lva, twir heirs and aaai ps, the right to pass F-W repass over yp of land BOUNDED as lcolloss; beginning at a stone brw=d at the ;heazterly corner of the end of Riverview Street as elicwn on said -an; theme westasiy t t-; two feet by the end of R verview Street, to a sto= bound; thence northwesterly, at a rigl-z angle, tweaoty six feet, mere or less, to the northerly bauvd;ry line of sF:W trriva land; thence easterly tr.•enty twO feet, r=re or less, by said I.-St matted line; thence southerly twenty three feet, more or less, to the point first tensioned. 4-nd eafd Jams Uriva and Katerin.' .Griva hereby,.in considera- t-im of ooze dollar aik the 4 amt above given to tS® ir, the Last par- agraph hereia,do hereby on beh&ff of themselves,Eheir heirs zed assigns relinquish any possible claim or right to pass ar'd rapaas over any with Uj N pari. of the isar es of saic :intlmoy Gosselin and I ary b.E�ssssl n,s'so�c Con referred rp,except the errip 7e6cribad in slid ne= precedir ?arakraph described herein. re W1MS-S IVRM 0F,the parties hereL.L mentioned set their bands and eesla thin eiphteentG day,ofIJ:Iy, IG51.- C*IMWmexltb of Iv,,eaohuset7s. x- �3nt5ohg wceselin w r safes. JULY 18, 1951. Then per_ 'Maw 1. 3osselin m v �sonel.ly oppea:`ed _the shove 0 :Co; .nttany uosselin end ilarg I.CossPlin}ICatrrina Grim Co earvi acknoKledged the foregoing is+strumort to �>c their free act. and deed a's _ before me, Brainerd s.Smith, notary PL*IIC. bay commisa.on expires Doc, m - c7, 1956. Gomc=wm ,slth of I14ssachusetts> Easex,ss. Au4E;wt 7,1951. Teen er m Personally appeared the above homed JMes or iva and 3iat0rira i1rivi and LO ac3mro�ledged tha foregoing inet'Uasnt to be their free act and deed,b 0 _ m for'a. me, Charles,19,Trpracly,Juayica o€ the Fence. IG5 commission expires w January 23, L953- m i Sssex,ss. Received 11ug..21,1951 at .20o past 3P.X. R2coxded and Zzamined { t 1al1IIYOUb Cr7:43 7rorauoa4o �•��^• j JAMES M.SEAMS ATTORNEYS AT I.AW 7 FI-F)ERAI,STREF,T,SUIT13 1 r DANVI:R&MASSACHUS11 TS 01971 JMMs M.Scars AM Caelo; 978 Tel.777-2 104 Fax 750-6940 Email:sear• dsrn s a ,cam TRANSMITTAL COVER SHLRT Attentiont Lincoln Daley Date: October 11, 2006 COM1?ANY r kaxt 978-688-9542 RE: 73 Riverview Street North Andover, MA FROM: Atty. Jamee M. Searo TOTAL NUMEER OF PACES INCLUDING COVER, 6 Enclosed pleaoa find a Letter, Deed, regarding the above- referenced property, We e-mail YOU laot week I und.eratand you have not received the e-mail so we are now Taxing they Information, Ir YOU PO NOT RECEIVE ALL OF THE PA099, PLEABN CALL BACK AS 900M AS POSSIBLE TO OVJt OFFICE AT (978) 777-2194. ***ACONFXDzNTIALITy NOTICE**** TUN INFORMATION CONTAINED IN THIS FACSIMILE MAY SR PRSVILEGED OR CONFIDENTIAL INPORMATION AND Iq INTENDED ONLY FOR THE VOR OF THB INDYvInUAL OR VMTTY NA>i(ED ABOYB. IF THE READER OF THIS MX09AGE 16 NOT THIC ZNT13NDNID RXCx1+IRNT, OR THE OMPLOYns OR AGENT AESPONOIT.lIM TO DELIVER YT TO THE XRTENDRD RHCIPIEM' YOU ARE HERny NOTIVXED TPAT ANY DISSEMINATION. DISTRISIMM OR COPYING OF THY$ COMNUNICATZON 13 STRICTLY PROHIR17XD. IF YOU HAVC RZCEZVSp TXXS CO► MMCATION IN ERROR, PLSABS IMMIATELY NOTIFY US BY' TSLEpRon (COI,LXCM) AND RETURN THE ORIGINAL TO VS WITHOUT MING A COPY. �If 1 1 JAMES M. SEARS ATTORNEY AT LAW 7 T'EDHRAL.STREET,SUITE 17 DANVERS,MASSACHUSETI"S 01923 Tel.978-777-2104 Fax 978-750-6940 searsandsears a aol.coiti October 5, 2006 Town of North Ai-idover Planning Department 1600 Osgood Street,Building 20, Suite 2-36 North Andover,Ma 01845 Attn: Lincoln J. Daley,Town Planner Re: 73 Rivei view Street Extension, North Andover, Ma 01845 Dear Lincoln: As you know, this office represents Scott R. Coletti and Rhonda E. Coletti with regard to the above referenced subdivision. This letter hereby addresses the issues raised by Atty. Christian Colwell in his letter to you dated July 18, 2006. Atty, Colwell first raises the argument on legal access to the proposed subdivision, and the deed he references in his letter has on it two separate easements, one of which was recorded with the Essex North Registry of Deeds in Book 6317, Page 142, which has since been Released and Extinguished at Book 6951, Page 101 at said Registry. The second easement granted for Right to Pass and Repass, granted to James Griva and Katerina Griva located at the above referenced registry in Book 325, Page 753, is still in good standing and effect. The terminology used in said easement is "Grant unto said James Griva and Katerina Griva, their heirs and assigns," effectively passing the easement in perpetuity to the successors of the lot of land (The Colettis). The Coletti deed also cites a subdivision plan in the description. of Parcel II. As found in Jackson v Knott 418 Mass 704, 640 N.E.2d 109 (1994)_"the deed ... refer(s) to a subdivision plan... This placed the grantees on notice that their property was bounded by a way in a subdivision, and that others might have rights in the way by which they would be bound." Coletti's land has contained the two parcels for several years and two additional lots on an area of 1.547 + is not overly burdensome to the existing easement. In a recent court decision, the Massachusetts Court of Appeals has held that an easement would not be overburdened by the construction of 20 condominium residences on a lot of land. See Lane v Zoning Board o.f.Appeals of falmouth 65 Mass.A .Ct. 434 N.E.2d 260 2006.) In this case the southern lot owner had an easement to travel over and use the road which divided his neighbors' lots and terminated at the southern lot. The owner of the southern lot wished to construct twenty condominiums on said lot, and the court held that doing so would not overburden the already in place easement. In our subdivision, my client does not wish to build such an exorbitant amount of homes, and they merely wish to subdivide the lard into three separate lots to build three separate homes, out of the existing lot. Atty. Colwell cites two cases in his arguments against the development of the subdivision: Murphy v Donovan, 4 Mass App. Ct. 519, 526-529 (1976)and North Landers-Corp. v...Planriing Board of Falmouth 382 Mass. 432 1981 . In Murphy Donovan, a trespassing case, the plaintiff's argument was that there was no easement upon which the passage could be sought, and the defense argument was to formulate such an easement. "... when the Daltons conveyed the locus to the Murphys, the parties did not intend that an easement over the locus be reserved for the benefit of the Daltons' remaining land. ... Conclude from the deed's silence with respect to an easement and ,.. by Murphy's placement of a fence along the southern boundary of the locus, apparently without objection from the Daltons, that the parties did not intend that an easement be reserved for the benefit of the property retained by the Daltons to pass over the locus. It is true, in determining whether an easement has been reserved, that the factor of necessity is important..."These arguments do not apply to the situation at hand, the land is still in use and the right of way is clearly recorded in both the deed and the easement,which the existence of is not in contention by Atty. Colwell, as clearly an easement cannot be claimed to be overburdened if there is no easement to overburden. In regards to the arguments raised with North Landers Corp. v. Planning Board of Falmouth 382 Mass. 432 (1981Ithe lot in question was going to be subdivided into 144 building lots and a public golf course, with a rather massive population, where there originally was none, which would be forced to travel along three roads, one of which was a narrow windy road not intended for such high traffic. In contrast, the proposed subdivision by the Colettis is merely two new homes on a street where there are already approximately a dozen homes, is not going to injure the integrity of the street any more than the existing population already would; and therefore there can be no reasonable expectation for the developers to repair the entire road which they would only be adding a minimal amount of traffic to. Furthermore, the addition of the new cul de sac will greatly improve the current narrow dead end situation and provide a clean turnaround for snow plows, trash trucks, school buses,postal carriers and so forth. The roadway of the subdivision, shown as Parcel R on the Concept Subdivision Plan of Riverview Street Extension dated September 19, 2006 shall be held in fee by a to be created Homeowner's Association. An access easement shall be granted to the Inhabitants of the Town of North Andover by the Developer to allow access for roadway plowing, utility maintenance, public traffic as discussed above and so on. The Homeowner's Association will maintain the roadway and all utilities in Parcel R until Parcel R is accepted as a public way by the Town of North Andover. In summary, this subdivision will not overburden the current easement accessing the property, which simply provides "the right to pass and repass over the strip of land bounded as follows...." (attached hereto and recorded with the Essex North District Registry of Deeds at Book 753, Page 325). The Riverview Street Extension will be an asset to the Town and provide a safe turnaround and greatly improve the strectscape of the area. The Homeowners Association will be in place to handle any maintenance costs associated with the cul de sac. We will be forwarding a Definitive Subdivision Plan to you shortly. Thank you for your attention in this matter. Please advise. Sincerely, 4/ �an-iiesSears, Esq, VIA EMAIL AND C::� FIRST GLASS MAIL 10/11/2006 09:43 9787506940 rrAut U4 Alter R4cordlall Raturo for Scott R.Coltttl,Mande Z Colon!, Shama M.Colord 73.Rtvarvitw Street N,Andover,MA Ol a45 MASSACHUSETTS QUITCLAIM)DEED We,Beojarnin F,Sande,Jr.and Douglas B.Sande,both of North Andover,Bssox County,Massachusetts,for consideration paid,and in full comidcration of Two Hundred Sixty Tboo3and($260,000.00)Dollars grant to Scott R.Colthl,and Rhonda E.ColaW,husband and wife,as tenants by the entirety,and Sharon M.C019K Individually,as Joint tenants with the tight of survivorship,of 73 Riverview Street,North Andover,F-4sex County,Massachusetts with 0VITCLAI►uCOPENAN7`Sr PARC1rC.11: The following parcel of land together with the buildings thereon,sltuatW in North i Andover,Essex County,Massachusetts bounded and described as follows, Bagittt ng at the southeasterly corner of the premises at an iron pipe by land of Sutton's M€113,Inc.;thence running northeasterly one hundred fifty-four(154 feet)to a stone bound at land of Boston do Maine Railroad;thence running northerly one hundred thirty- six(136)feet more or less to an iron pipe at land now or formerly of],O.SAMrd hairs; them northwesterly two hundred seventy(270)feet more or less by land of the said 10. Saf'ord to the Merrimaok River;thence southwesterly one hundred eighty-eight(t 88) feet more or less by said Merrimack River;to a point at land now or formedy of Miohaal P.Fitzgerald,Catherina W.Fitzgerald and Mary D.McCarthy;thence solsthrasterly seventy-five(75)feet to an iron pipe;thonot continulttg one hundred forty-four and 8/10 (144.8)feet in the sa.nto general direction to Pn iron pipe by land now or formerly of Michael F.Fitzgerald,Cotherine W.Fitzgerald,and Merry D,McCarthy;thence turning at an angle of 939 In a southwesterly direotion and nuuting seventy-one and 75/100(71.75) feet to ant iron p€pe;thence turtling at An angle of 999 in a southwesterly direction and running ninety-three and 45/100(93.45)feet to the point of bogianing, PARCZL M The land in North Andover,Essex County,Massachusette,bounded and described as follows: LOT No. 15 A portion of a certa€rt triangular shaped parcel of land situated in North Andover,Rtscx County,and being shown as Lai No, 15-A an a",plan of Land in North A»dovnr,Mara., as subdivided for Nellie Jukins(Jurkewie),"October 1950,Ralph P.Brasseur,C.E., recorded with Northern Distriot of Essex Registry of Deeds as Desk Plan No,2317, Said lot is more particularly bounded and dasoribcd according to said alas as follows: 10/11/2006 09:43 9787506940 5t wrcS�Hw ^u� Exhibit A VARC#-L 1; ` The following panel of land togetbor with the buildings thereon,situated in North Andover, Essex County, Massaclrtrschs bounded and dascribed as Follows: Beginning at the southwmterly conger of the prcrniaes at an iron pipe by land of Sutton's Mills, Inc.; thence M0,0ing northeasterly one hundred fifty-four(154 feet)to a stono bound at land of Boston&Maine Railroad; thence running northerly one hundred thirty-six(136)feet more or lees to an,iron pipe at land now or formerly of J.O.SaMrd.bearer thence northwesterly two hundred seventy(270)feet snort or less by Ind of the sWd J.O. Safford to the Merrimack River;thence southwesterly one htmdmd elghty-eight(198)foot more or loss by eaid Morrimatk River,to a point at land now or formerly of Michael F. Fitzgerald , Catherine W. Fitzgerald and Mary D.McCarthy;thence$0kfteas9erly seventy-live(75)feet to an Iron pip*;thence continuing ono hundred forty-four *Ad $110 (144,8) feet in the saroo general direction to sin iron pipe by land now or formerly of Michaol F. Fitzgerald, Catherint W.FitzgemK and Mary D. McCarthy;thence twining at an angle of 93 in a southwesterly direction and rumrigg seventy-one and 75/100(71,75)fbet to an iron pipe;thence turning at an angle of 99 in a southwesterly direction and running ntntty-three and 45/100 (93.45) feet to the point of beginning, PARCEL 11: The land in North Andover,Essex Coaut,ty,Massachusetts,bounded and described as follows: .LOT NO..15-A A portiOn of a certain triangutat shaped parcel of land situated in North Andover, Essen County, and being shown as lot No. 15-A on it "Plan of Land in North Andover, Mm., are subdivided for. Nellie Jukins (Jurkewic),"October 1950,Ralph P.Br■saeur,C.L.,recorded with Northern District of Essex Registry of Deeds m Desk Plan No.2317. Said lot is more paAlculat:ly bounded end describod according to said plats as follows: Beginning at the so-called apex of said triangular Shaped puoel of laud at a Stone bound;thence earning In a southwesterly direction according to said plan 160.97 feet by the Boston& Maine Railroad to an iron pipo; thence in a northwesterly direction by Lot H15-B according to said phut 29 kot to an iron pipe;thence running in a northeasterly direction by land formerly of James and K aterina Griva, 153.90 to it drill hole;thenot eamerly 1,70 hot to the point of beginning. Containing 2400 square feet,more or loss,according to sold plan. Being the starts:pramises conveyed to the herein named mortgagor(s)by deed recorded with Essex.NortA Aistriot Registry of Deeds horewith, " -- east +aith.tsw_saU- `- .,..a. hereby cav ---- �:=- _ — ---- - 753 -325-- ?:' �ox�eirlesstiane, do hereby grant unto raid Jams ;rr3va and eta ova, twir heirs and aseigia, the right to pow rnd repass over «P of lend PL}Q1dilID as f0110ftms_ SeginniajX at a stone bowed at the ;hiaaaterly corner or the end of 81vorviww Street as eho%n on said .ax; thence wastsrly twetty two feet by the and or Riverview Street, to a stoat] bolxnd; thence northwesterly, at & right angle, -twenty eix feet, more or less, to the northerly boundary line of said i;r•i.7s land- . � thence easterly twenty-tww feet, pore or less, by said last named line; thence --outherly twenty three feet, more or less, to the point first aenysone4. And said James Griva and Aaterina Ariva herehy,,in considers- tie¢ of orte dollar asxd rile grant above ]riven to thaw in tho last par- agraph hesrein,do hereby on behrYf of themselsee,tbeir heirs and assign rel nquish any possible claim or right to pass Ard repass over uny of q part. cf the premi_-ea of said Anthony Gosselin sad leafy L.Cosss?in,&bovE Goa re£nrred tv,except. the ewrip described in eSid nest Preceding naregraph described herein. 1-2 rlIMS5 1aF6 I;DF,tbe parties hers n mentioned set their hands aMd e.-Oir thin aiahteen h day,or July, IM. CO ortwealth of Na"achu:et'ts. fs- )lnth*ry ucsseli,� „ se;x,ea. duly 18, 1951. then per- JHary L, t> Xelln c sopslly appeared the above asr_-,: dsss Griva Gw=nthony i+assalin and i.Try I-GosselijKaterine. vriva x gar,d arxnarrledged the foregaing Srestr nt to be their free act and deed m before me, Brainard s.Smith, notary Public. -my toamai 'eica expires Eat:. cn - ". 1956. Cotmaan—Olth of HUSSachusetta, F--,ss. Augast 7,1951. Then v v; pdrsonally appeared tha above hRmed James Or and iatarira ariva :.¢d w acknaaledyod tha foregoing instj�nt to be their free set and deed,be-- n�o _ 0 m fora m5, r1harles W.Tromely,dz,stice of the Feace. MY c-Mmissfan aspire' January 23, 1953. A ' m Y,msex„e. Received Aug..21,1951 at 20n past 3P..X. ]"recorded and Examined 1 CHRISTIAN COLWELL j ATToRNHY AT LAw 14 Essm STREET ANDOVER, MA 01810 TELEPHONE (978)474-8899 ADMITTED TO PRACTICE FACSIMILE (978)470.0211 MA,NH&NY i July 18, 2006 Lincoln J. Daley,Town Planner Town of North Andover 1600 Osgood street North Andover MA 01845 Re: Preliminary Subdivision Plan of Riverview Street Extension Applicant : Scott R. Coletti and Rhonda E. Coletti Dear Mr. Daley: This office represents John P. Conlon and Deborah A. Conlon with regard to the above referenced subdivision. We request that you accept this letter as part of the file and have the applicant address the issues raised herein. First, legal access is an issue to the proposed subdivision. Riverview Street ends at the Conlon's property and does not extend to the Coletti's. Enclosed is a copy of the Conlon's deed and a plan showing their property. An eascment has been granted by the Conlon's predecessors in interest, but the easement only applied to a portion of the Coletti's property, not to both of the Coletti's lots. The use of the easement to benefit the addition lot exceeds the scope of the eascment rights granted. To allow the easement to benefit a subdivision based upon a lot for which the easement was not granted is impermissible. See, Murphy y Donovan, 4 Mass App. Ct. 519, 526-529 (1976). Further as to the single lot for which the easement was granted, the purpose of the easement appeals to be to allow the access and egress for a single family dwelling. To permit the applicant to construct six (6) dwelling units would impermissibly overburden the granted rights. Also, the proposed use would impermissibly interfere with and increase the burdens on the Conlons, and interfere with the use of the Conlon's garage. At this tine, the Conlon's would not assent to a legal extension of a public way over their property. Also, if the proposed subdivision were a private way, Riverview Street would still need major repairs and/or improvement as the recent flooding has caused severe degradation further to the south of the proposed subdivision. See,North Landers Corp. v. Planning Board of Falnouth, 382 Mass. 432 (1981). ('Phis board can and should require the developer to make physical improvements to and within a public way to provide access to the subdivision). Further, other title impediments appear to exist giving the location of the subdivision, Secondly, lot frontage is an issue we ask the Board to address. We would like to see the applicant submit a plan with a standard cul-de-sac laid out and the lots arranged around such a cul-de-sac While the proposal may seek to mitigate disturbance of the wetlands with a"Y"turn around, it does not provide adequate information as to whether this should be a three or two lot subdivision, and we would oppose any extra lots. Third,the issues of set-backs. Building Inspector should make an official determination as to Section 7.1.2 Lot Width which requires 80' between the street front and the building front, Note that the in the Summary of Dimensional Tables the R4 District requires a front setback of 30' - footnote 8 states within the R4 zone front setback can be calculated as the average of all front setbacks of dwelling units with 250 feet on either side. Finally, has a special permit been issued by the zoning board of appeals to allow the construction of multi-family dwellings in this R4 district? We would oppose multi-family dwellings as the street is comprised of single family dwellings. Thank you for your attention to this matter. �ex k Truj�Yours ' t� Christian Colwell, Fsq� CC/wfc enc, %AORT 01 0 o T Q� CO[NIf 111 WICK+1 T ', ��Ssge�-1Usti��S PLANNING DEPARTMENT Community Development Division FAX TO: Carol McGravey From; Lincoln Daley Fax: 617-338-0122 Pages: 13 Date: November 16, 2006 RE: Riverview Street Subdivision Carol, A three-lot subdivision located at the end of Riverview Street is before the Planning Board on November 21, 2006. We are seeking legal guidance to determine if the Mr. Coletti, owner of Map 72, Lots 1 & 13, has the right to extend Riverview Street across the property of a direct abutter, John Conlon (Map 72, Lots 2 & 12) via access easement to create frontage/access for a subdivision. In order to construct the subdivision, the owner will extend the roadway approximately 240 feet and will build the roadway in accordance with roadway specifications stated in the Towns Subdivision Regulations. The roadway will be extended across access easement as described in the deeds for the properties and shown on the concept subdivision plan dates 9.19.2006. Attorneys representing both Mr. Coletti and an abutter, Mr. Conlon provided legal arguments supporting and rebuffing the right to use the access easement to extend Riverview Street. Attached please find comments from both attorneys and a copy of the subdivision plan. Your assistance is greatly appreciated. Sincerely, Lincoln Daley 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnarthandover.com URBELIS &.FIELDSTEEL,LLP 155 FEDERAL STREET BOSTON,MASSACHUSETTS 02110-1727 CAROL HAJJAR MCGRAVEv Telephone 617-338-2200 Andover OF COUNSK Telecopier 617-338-0122 Telephone 978-475-4552 e-mail Chun(uf-law.com November 3002d06 sl,✓ r �` j ( , ,r � ° 1 Lincoln Daley Town Planner Town of North Andover 1600 Osgood ,Street t. North Andover, MA 01845 RE: RIVERVIEW STREET--3-LOT SUBDIVISION ACCESS EASEMENT Dear Lincoln: In connection with the above-referenced application for a 3-lot subdivision, you have asked us to review the documents submitted by counsel for the applicants, Scott and Rhonda Coletti, and counsel for the owners of abutting property, John and Deborah Conlon, over which the applicants claim to have a right of access, and to comment as to whether the documents submitted demonstrate that the applicants have an access easement across the land of the Conlons that would enable them to extend Riverview Street to the proposed subdivision. Based upon the documents submitted to us, we offer the following comments. The instrument recorded with the North Essex District Registry of Deeds at Book 753, Page 325, granted to the applicants' predecessors in title, and "their heirs and assigns" "the right to pass and repass" over a twenty-two foot wide strip of land at the end of Riverview Street which abuts the Coletti's property. The instrument includes a metes and bounds description of the easement area. It would appear from the correspondence submitted to us that both parties acknowledge the existence of this easement, but differ as to the extent to which the easement may be used for access to the proposed subdivision. Easements of this nature, conferring the right to pass and re-pass over a particular parcel of land, have been held to be sufficient to allow the improvement of the way for the purpose of providing access for development by the holders of the easement. The attorney for the applicant cites several court decisions which support this position. In light of the information presented, it would appear from the face of these documents that the applicant has the right to use a twenty-two foot wide strip of land owned by the Conlons for purpose of access from the applicants' property to Riverview Street. However, as we have w.isrp5l iworkln-andovelcomespldaley.11r-rivervie%v.doc -} J i' URBELIS &FIELDSTEGL, LLP November 30, 2006 Page 2 not done a title examination of any of the properties, we would advise that, in deciding whether to approve a subdivision plan, the Planning Board consider the following: l. The Police Department, Fire Department and Department of Public Works should review the sufficiency of the twenty-two foot wide easement area, as the applicant's rights of access are limited to that width. In particular, the DPW's input should be obtained about the feasibility of accepting the twenty-two foot wide easement area as a public way if the applicant intends to submit the easement for acceptance as a public way. 2. prior to the. approval of the subdivision plan. the Board should require an opinion and certification of counsel for the applicant to the Town that the applicant has all of the rights in the easement area required for the improvement of a way and for the installation of utilities without any liens or encumbrances or claims of rights of any parties. The certification should be supported by the recorded documents upon which counsel relies for such certification. Very truly yours, Y taro] Hajjar n c ravey CHM:kmp cc: Police Chief Richard Stanley Fire Chief William Dolan J. William Hmurciak l 5EAR5LA4 PAGE 02 JAMES M.SV ARS ATTORNEY AT LAW 7 8'F,`,ARML STREET, SUITE 17 ' DANVERS, MASSACHU89TTS 01923 Tel. 978-777-2104 Past 978- 750-6940 searSA4ds ears Qavl.evm Attorney Scott Masse 12 PeatbodY Square February 24, 2005 Peabody, MA 01960 RE: 73 Riverview Street Oorth Andover, MA Dear ,Attorney Masse: My clients, Scott R. Coletti and Rhonda, 8. Coletti, are the owners of the above-referenced props-tty, a R,iverfront Area. My Client-5 intend to extend Property into Riverview Street and subdivide their d total of three lots ranging in size from 13, 000 S . F. to i 26, 00b S. F. My clients intend to build duplex townhouse Units, i within on each of the three lots for a total, of six dwellinq units, within the scope of the current zoning laws . This project would substantially improve the neighborhood and benefit the town of forth Andover, T Project are described in the "Concept edevvelo me t Narrative a ra of the Riverview Street Extension„ development Narxat�.ve of Prepared by Graham Associates, Inc. After careful review of the applicable laws, I have determ.ifted that the possible alternatives the above-.referenced Riverfront Area for the development of CMR 10.58 (2) are as follows: ProPexty as allowed by 310 1. Subdivision of the property into three lots of three duplex dwellings, one on and construction six dwelling units . each let, for a total of 2. Subdivision of the property into two lots and construction of two duplex dwellings, one on each lot,four dwelling units . for a total of 3 . creation of low ox moderate.-income housing units on the Property as Pe-r Massachusetts General Laws Chapter 405. I . Do no further development , I believe that the first option is the sate, the best alternative to it will provide the neighborhood with a turnaround at the and of the street where there isn't one Presently, it will improve the wetlands conservation in the area and com the streetscape of the neighborhood. element Please call me if you have any questions. Thank ,you, sincerely, � f" l ames . Sears