HomeMy WebLinkAbout1980-08-01 Legal Documents DEF SUB II{Ef
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RESTRICTIVE COVENANTS
This .instrument is intended as a restrictive covenant
on certain land owned by Great Pond Realty , Inc. , a Massachusetts
corporation having a usual pace of business in North Andover,
and shown as Lots 18 , 19 , 20 , 21, 22, 23 , 24 , 25 , 26 , 27 , 28, 29 ,
30 , . 31; 32, and 33 Road "A" , North Andover, Essex County,
Massachusetts , on a definitive plan entitled, "Definitive Subdivi-
sion Plan of 'Lakeside ' Located in North Andover, Massachusetts"
dated June 3 , 1980 , Frank C. Gelinas Associates , and recorded in
Essex North Registry of Deeds as Plan # , application
filed_--__June 3 _ �� 1980 , hearing held July 7 , 1980
Plan approved Jul 0 l g0 under the Subdivision Control Law
as a subdivision by the North Andover Planning Board subject to
the following conditions :
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1 . That...the-.record owners - of the subject land forthwith
execute and record .a covenant running with the land or
otherwise provide security for the construction of ways
and the installation of municipal services building '
within said subdivision..
2 . All improvements and design standards shall meet the
requirements of the rules and regulations governing the
subdivision of land in the Town of North Andover in
effect on the signing of said plan.
TOWN OF NORTH ANDOVER PLANNING BOARD �
By
Chairman
:ORISH'& VINCENT i
421 IIIGHLAND AVE. I i
4ERVILLE.MASS.02144 €
IIIII
r I
A
FBI The above restrictions are accepted as applying to Lots
18 , 19 , 20 , 21, 22 , 23 , 24 , 25, 26 , 27 , 28, 29 , 30 , 31, 32 and
33 Road "A" shown on the above-referenced Plan No.
GREAT POND REALTY, NC.
By
ohn C. Tuttle, Jr.
Executive Vase President
COMMONWEALTH OF MASSACHUSETTTS
Essex, sS .
Then personally appeared before me V l l)'444 C /
and acknowledged the foregoing instrument to be the
free act and deed of the Planning Board, Town of North Andover,
before me ,
Notary Public. /
My commission expires : i
II �/ --
COMMONWEALTH OF MASSACHUSETTS
Essex, Ss . r 1980
Then personally appeared John C. "Tuttle, Jr . , Executive
Vice President as aforesaid and acknowledged the foregoing to be
the free act and deed of Great Pond Realty, Inc . , before me,
Notary Public
My commission expires :
CORISH & VINCENT
421 HIGHLAHU AVE.
SOMERVILLE,MASS.02144
INDEMNIFICATION AGREEMENT
WE, the undersigned, elected members of the North Andover Planning Board,
do hereby on behalf of the Town, indemnify the Andover Savings Bank from
any loss that they may occasion as the result of the release of funds
held as a surety to guarantee the performance of the Subdivision Control.
Conditions on Lakeside Subdivision - John Tuttle, Owner. The said Andover
Savings Bank having entered into a joint penal bond with the developer,
the obligation of which was to release said funds in the event that the
work required under Subdivision Control Conditions is not completed as
required.
IN WITNESS WHEREON?', We, members of the North Andover Planning Board, do
hereunto set our hands and seals.
LYNCH, WILLIS & JOYCE
MORMYS-AT-1-01
160 PLCASANT STREET
NORTH ANDOVER, MASS,
AND®V SAVINGS BANK
i { _ ANDOVER,MASS.
AldoJerBank
53-16a
-AR gust 6 1982 1a3
Pay,to the
.order of Andover*
Re: Great Pond Realty, Inc. 11
TO BAY BAN K MERRIMACK VAELEY,N.A. !I
ANDOVER,MASS. J )f
AUTH l2ED GNA E
22232 ? 1:0 1 1 30 16461: = 000 00L16u•
August 3 , 1982
Mr. Chester T. Jenkins , Vice President
Andover Savings Bank
61 Main Street
AndoverMas . W 01810
Re : Lakeside Subd ' vision - Formal Demand
Dear Mr . Jenkins :
At its August 2 , 1982 regular meeting , the North Andover
Planning Board voted to issue a 'formal demand to the Andover
Savings Bank for the monies held by the bank for the Lake-
side Subdivision in the amount of $60 ,850 . 00 + , per the
aarea:ment dated August 19 , 1980 . This demand is due to
the fact that the completion date of August 1 , 1982 has
expired and the work has not been completed .
The Planning Board hereby demands the forwarding of the
balance of the monies held in this account to be issued
to the Town Accountant , Town Office Building , 120 Main
Street , North Andover , Mass .
Your cooperation is appreciated . ,
Sincerely ,
PLANNING BOARD
Walter R. McDouough ,
C1 e r k
jw
cc Town Counsel
Tnwn Arrniintant
RELEASE
The North Andover Planning Board hereby releases Lots
18, .19 , 20 , 21, 22 , 23 , 24 , 25 , 26 , 27 , 28, 29 , 30 , 31 , 32 and 33
Road "A" from restrictions 1 and 2 , as shown on the definitive
plan entitled, "Definitive Subdivision Plan of 'Lakeside ' Located
in North Andover, Massachusetts" dated June 3 , 1980 , Frank C.
Gelinas and Associates , recorded in the Essex North Registry of
Deeds as Plan No. and outlined in the Restrictive Covenant
Agreement of even date recorded herewith.
TOWN OF NORTH ANDOVER PLANNING BOARD
Signed
!'r
�zt3=moo By • ,
Chairman
COMMONWEALTH OF MASSACHUSETTS
Essex, ss . C j , 198
Then personally appeared before me
.A� � and acknowledged the foregoing instrument to be
the free act and deed of the Planning Board, Town of North Andover,
before me, `}
Notary Public
My commission expires : �/3/F,7
i
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CQRISH.R VINCENT
421 WGRLAHb AVE.
)MERVELLE,MASS.02144
y 9
�k
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SUBDIVISION CONTROL AGREEMENT SECURING THE
CONSTRUCTION OF WAYS AND MUNICIPAL SERVICES I.
s
AGREEMENT made this _ 19th day of August , 1980 ,
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by and between Great Pond Realty, Inc. , hereinafter referred to as
the "Applicant" ; Andover Savings Bank, hereinafter referred to as
the "Lender" ; and the Town of North Andover, acting through its ,
Planning Board, hereinafter referred to as the "Board" , viz:
WHEREAS , pursuant to the provisions of the Massachusetts
Subdivision Control Law and the Board's Rules and Regulations
adopted thereunder, the Board has approved a definitive plan
entitled, "Definitive Subdivision Plan of 'Lakeside ' Located in
North Andover, Massachusetts" dated June 3, 1980 , Frank C.
Gelinas and Associates, and recorded in the North Essex Registry
of Deeds as Plan NO .
33 3"7
The Applicant and the Board have agreed upon conditions
of approval , which conditions have been inscribed on said Plan
No. 3:3 recorded in said Registry of Deeds , which
conditions are as follows :
1 . That the record owners of the subject land forthwith
execute and record a covenant running with the land or
otherwise provide security for the construction of ways
and the installation of municipal services withing said
- i
subdivision.
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" 2 . All improvements and design standards shall meet
I
the requirements of the rules and regulations governing k
;ORISH & VINCENT
421 HIGHLAND AVE.
1ERVILLE, MASS.02144 i
I
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the subdivision of land in the Town of North Andover in
effect on the signing of these plans .
WHEREAS, the Applicant has granted to the Lender a
Mortgage � l d recorded in said Deeds in
dated � 3-� � , ,
Book , Page , covering Lots 18 , 19 , 20 , 21, 22 , 23 ,
24 , 23 , 26 , 27 , 28, 29, 30 , 31, 32 , and 33 Road "A" , North Andover
Essex County, .Massachusetts , as shown on said plan as security
for the payment of a certain note in the principal sum of
$ 194,500.00
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WHEREAS , the Lender has withheld : $ 194,500.00 . of. said
principal sum to be disbursed to the Applicant as and when
municipal services shall have been installed and ways constructed
pursuant to said plan, said Rules and Regulations , and
Restriction Agreement.
NOW, THEREFORE, it is understood and agreed that the
Lender shall retain the sum of;. $ 194,500.00 deemed by the
Board to be sufficient, releasing only such funds from time to
time as approved by a vote of the Board as the municipal services
and ways shall be deemed to have been completed or partially
completed in accordance with its applicable rules and regulations :
Services and Ways Amounts
From station 0+0 to 16 + 0 $ 136,000
Road Construction according to Highway
Department Regulations
Water, drains and sewer complete $ 58;500
TOTAL � 194,500,00
It-' is also understood that funds for the above services
CORISH.& VINCENT and ways are to be advanced by the Andover Savings Bank only
421 HIGHLAND AVE,
SOMERVILLE,MASS,o2144 —2—
4
c ,
through written authorization of the North Andover Planning
Board.
It is further understood and agreed that all of the
above services and ways shall be completed no later than
August 1, 1983 , unless tho date be extended 4r• - written
amendment by mutual agreement of the parties thereto.
In the event the work is not completed within the time
set forth or as extended, said funds as retained by the Lender
shall be .made available to the Board for completion of the work,
and the Applicant shall 'be deemed to have authorized the release
of said funds for said purpose, and to have relinquished all
claim to said funds .
The obligations of the parties hereunder are to be
construed consistent with the subdivision control law, and no
rights granted thereunder are waived.
Executed as a sealed agreement on the date first
above written.
TOWN OF NOR .ANDOVER ANNI BOARD
5
By
Chairman
By A
acting for the Town of North Andover.
ANDOVER SAVINGS BANK�kj
By C49
GREAT PO ' REALTY, IjNC,
CpRISH R VINCENT y
421 HIGHLAND AVE. Executive Vice Presa.de
50MEHVILLE,MASS.02144
—3—
ti
COMMONWEALTH OF MASSACHUSETTS
Essex, ss . �? , 1980
i
Then personally appeared Aja-i-ri
and acknowledged the foregoing instrument to be the free act and
deed of the North Andover Planning Board, before me,
t ry Public '
My commission expires : _
COMMONWEALTH OF MASSACHUSETTS
Essex, ss . August 21 _ __ , 1980
Then personally appeared Chester T. Jenkins, Vice President
and acknowledged the foregoing instrument to be the free `act and
deed of Andover Savings Bank, before me ,
Notary 'Pulilic
My commission expires: %4'VA �-ll
COMMONWEALTH OF MASSACHUSETTS
Essex, ss . 1980
Then personally appeared John C. Tuttle, Jr . , Executive
Vice President and acknowledged the foregoing .instrument to be
the free act and deed of Great Pond Realty, Inc.
Notary Public
My commission expires :
LAND COURT, BOSTON. The land hmaie
....abed w'1 be sown on ow ePpl--d -5'5 [[ 7
plan Ie lo'low as,• PV'i_ ea
iF..r•n'n ' as to rlssrrpr. n ...¢¢¢
6n.yj I fL.5 ICU•-VI/.Lnpr.LOT A 3
CORISH & VINCENT I 3
42I HIGHLAND AVE. AUG
`+
IMERVILLE,MASS.02144 �y''
f �
the subdivision of land in the Town of North Andover in
effect on the signing of these plans .
k' WHEREAS, the Applicant. has granted to the Lender a
Mortgage dated recorded in said Deeds in
Book Page , covering Lots 18 , 19 , 20 , 21, 22 , 23 ,
24 , 25 , 26, 27, 28, 29, 30 , 31 , 32 , and 33 Road •"A" , ' North Andover
Essex County, Massachusetts , as shown on said plan as security #
for the payment of a certain note in the principal sum of
194,500.00 i
WHEREAS , the Lender has withheld :-$ 194,500.00 . of said
principal sum to be disbursed to the Applicant as and when
municipal services shall have been installed and ways constructed
pursuant to said plan, said Rules and Regulations , and
Restriction Agreement. i
NOW, THEREFORE, it is understood and agreed that the
Lender shall retain the sum of;. $ 194,500.00 deemed by the
Board to be sufficient, releasing only such funds from time to
time as approved by a vote of the Board as the municipal services
and ways shall be deemed to have been completed or partially
completed in accordance with its applicable rules and regulations :
Services and Ways Amounts
From station 0+0 to 16 + 0 $ 136,000
Road Construction accar ng to Highway
Department Regulations
Water, drains and sewer complete $ 58,500
TOTAL $ 194,500.00
It.'.is also understood that funds for the above services
RISH R VINCENT and ways are to be advanced by the Andover Savings 'Bank only
I-HIGHLAND AVE.
!MILE,MASS.02144 --2-»
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J
i
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through written authorization of the North Andover Planning
Board.
It is further understood and agreed that all of the
above services and ways shall be completed no later than
August 1, 19€33 , unless the date be extended
]�'- • written �
amendment by mutual agreement of the parties thereto .
In the event the work is not completed within the time I
1
set forth or as extended, said funds as retained by the Lender
i
shall be made available to the Board for completion of the work,
and the Applicant shall be deemed to have authorized the release
of said funds for said purpose , and to have relinquished all
claim to said funds .
The obligations of the parties hereunder are to be .
construed consistent with the subdivision control law, and no
i
rights granted thereunder are waived.
f Executed as a sealed agreement an the date first
above written.
i
TOWN OP NORT ANDOVER ANNI BOA ` !
By
Chairman '
acting for the Town of North Andover. t
ANDOVER SAVINGS BANK I
By :- L, ,4
GREAT PO REALTY,_ INC.
'
i $ VfNCENI BySHLAND ✓�� - f}�
U.
,02AVE Executive Vice Preside �C
4�,MASS,02[44
i
_3-
, i
t
f
COMMONWEALTH OF MASSACHUSETTS
Essex, ss .
1980
Then personally appeared
and acknowledged the foregoing instrument to be the free act and
deed of the North Andover Planning Board, before me ,
Notary Public
My commission expires :
COMMONWEALTH OF MASSACHUSETTS
Essex, ss .
Aug -,-st 21 , 1980
Then personally appeared Chester T. Jenkins, Vice President
and acknowledged the foregoing instrument to be the free 'act and
dead of Andover Savings Bank , before me ,
No-bary Pu l.a c #
1 f:
My commission expires : *W4 �l, 12 �•
COMMONWEALTH OF MASSACHUSETTS
Essex, ss .
1980
Then personally appeared John C.
Tuttle,
Vice President and acknowledged the foregoing instrument Etocbeive
the free act and deed of Great Pond Realty, Inc.
F �
Notary �U13i,C
My commis'sion expires :
i
I :
I `
HIGHLAND AVE.
'ILLS,MASS.02144
1i1111111U iJIII] U
" TOIA O - NORTH ANDOV Jt
` F� A SSA CI HU S E T T S
f KtlR7�{
3� a.n• `.'a O
O L
� M
' A
I +
'TSACHUO
August 5, 1980
Daniel Long, Town Clerk
Town Office Building
North Andover, Mass. 01845
Dear Sir:
The following petition was heard at a meeting of the Planning Board on 4lednesday
evening, July 30, 1980, in the Town Office Meeting Room at 8:15 P.M.. The
following members were px•esent and voting: William Chepulis, Chairman; Paul
Hedstrom; and 14ichael Roberts.
A motion was made by Roberts and seconded by Hedstrom to approve "Lakeside"
with the following conditions with a completion date of August 1 , 1983. The
vote was unanimous in favor of the motion and the meeting adjourned at 8:30 P.M.
Conditions =eside"
i/ 1 . That the record owners of the subject land forthwith execute and record
a "covenant" running with the land, or otherwise provide security for the
consturction of ways and the installation of municipal services within said
subdivision, all as provided by G.L. Ch, 41, s. 81 u;
�2. That all such construction and installations shall in all respects conform
to the governing rules and regulations of this Board;
,3. (No �3 Boilerplate)
/ 4• That no work shall be done in the subdivision until security in the form
of a band or covenant has been duly recorded and the plans are signed and
recorded;
5. That any changes made to the definitive plan by Other town agencies or
✓ officials shall be submitted to the Planning Board by the applicant',
6., As per HighVray Surveyor's letter dated April 7, 1980:
a) sloped granite ourbing shall be required on all grades exceeding 6%;
/' b where berm is required, Cape Cod berm shall be used;
/0� where Cape Cod berm is required, road pavement shall be 3 ft. wider to
accomodate berm base;
e
d� eight foot shoulder areas shall be swaled, if necessary;
✓ e slope easement shall be required from station 0+0;
f) cellar drains shall not be discharged into road area; all drains shall be
tied into drainage system with written permission of the MY Dept. ;
g) driveway entry permits shall be obtained for all driveways from the
Highway Dept. ;
+� h) any brick used shall be clay type, 8 in. barrel blocks allowed to build
Pipe enclosure area;
i� binder course of hot top shall be applied before Oct. 1, 1980 if any
homes become occupied before this date; road area, surface shall be free
of any obstacles to accomodate PIOring through next winter.
7• In accordance with Highway Surveyor's letter dated July 7, 1980:
a) all slope, construction, sewer and other easements shall be perpetual
and deeded to the Town of North Andover;
b) road gravel shall conform to highway Department specifications, no
exceptions or scarifying shall be allowed; if suitable gravel is not
available, processed gravel shall be used;
c) any work on Public Ways outside of subdivision shall require a street
opening permit.
8. In accordance with the BPW letter dated Jul
7
serving the house at 170 Great Pond Road shall bbeconn ect h edtosthegTown's new e disposal system
eas� side trunk sewer extension as soon, as the new sewer is tested and accepted.
9. All water and sewer improvements shall be in accordance with the BPW letter
dated 13ay 5, 1980.
✓10. In accordance with the :Board of Fire .a gineers letter dated June 17, 19801
an additional fire hydrant shall be installed at 'station 11-+-50 as shown on Plan.
11. All street trees shall be in conformance with the Tree Warden's specifications.
rt y�-�j
12. A Notice of Intent shall be filed with the N.A. Conservation Commis
to M.G.L. Ch. 131, Sec sion pursuant
. QO.
13. A Certificate of Compliance for any Order of Conditions shall be obtained from
the Con. Com. prior to the final release of any bond or covenant.
14. All improvements in said subdivision shall be completed no later than Aug. 1, 1983.
Very Truly yours,
PTA MING BOARD
William Chepulis, Chairman
jw
Cry
SUBDIVISION CONTROL AGREEMENT SECURING THE
CONSTRUCTION Off' WAYS AND MUNICIPAL SERVICES
AGREEMENT made this ___19th day of st
� , 1980 ,
by and between Great Pond Realty, Inc. , hereinafter referred to as
the "Applicant" ; Andover Savings Bank, hereinafter referred to as
the "Lender"; and the Town of North Andover, acting through its
Planning Board, hereinafter referred to as the "Board" , viz.-
WHEREAS , pursuant to the provisions of the Massachusetts
Subdivision Control Law and the Board' s Rules and Regulations
adopted thereunder, the Board has approved a definitive plan
entitled, "Definitive Subdivision Plan of 'Lakeside ' Located in
North Andover, Massachusetts" dated June 3 , 1980 , Frank C.
Gelinas and Associates, and recorded in the North Essex Registry
of needs as Plan NO.
The Applicant and the Board have agreed upon conditions
of approval, which conditions have been inscribed on said Plan
No. recorded in said Registry of Deeds , which
conditions are as follows :
1 . That the record owners of the subject land forthwith
execute and record a covenant running with the land or
otherwise provide security for the construction of ways
and the installation of municipal services withing said
subdivision.
2. All improvements and design standards shall meet
COR15H 8, VMCENT the requirements of the rules and regulations governing
421 HIGHLAND AVE.
SOMERVILLE.MASS.02144