HomeMy WebLinkAbout1977-01-19 Legal Documents & Correspondence DEF SUB TOWN OF ]NORTH ANDOVER
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January 26, 1977
John J. Lyons, Town Clerk
Town Office Building
North Andover, Ma.
Dear Mr. Lyons:
The following petition was heard at a meeting of the Planning Board on Monday
evening, December 6, 1976 at 7:30 P.M. in the Town Office Meeting Room. The
following members were present and voting: Fritz Ostherr, Chairman; William
Chepulis, Vice—Chairman; John J. Monteiro, Clerk; Paul R. Lamprey; and William N.
Salemme.
Atty. John J. Willis, Sr., representing Thomas J. F'latley, petitioned for a
subdivision of land containing approximately 16 acres situated off Andover St,
to be subdivided into 64 lots and to be known as Trafalgar Estates,
Mr. Willis stated that this definitive plan as submitted represents all modifi-
cations requested by the Board at the preliminary hearing. The proposal is
for single-family dwellings even though duplexes are allowed because it is in
an R-4 District. Mr. Millis cited the severe drainage problems that exist in
the area and presented a drainage schematic for the Board's review. They do not
intend to subdivide the portion on Prospect Terrace nor Wilson Rd.
Mr, Prank C. Gelinas spoke to the Board regarding drainage and answered several
questions directed to him from members and interested persons.
Per. Mark Donovan, a Flatley representative, was also present and told Board members
that this development would not be on a rental basis. and that they intend to follow
through with the subdivision.
Residents and abutters who spoke at the hearing are listed as follows:
Mary Armitage, Sutton Hill. Rd, John J. Burke, Grafton Lane
Lucy Palmer, Tolland Rd, Alfred Adam, Andover St.
Dorothy Lewis, Highland Terrace Theo George, Andover St.
All citizens were concerned with the drainage as it exists and in the future.
At a meeting held on January 17, 1977 the Subdivision Control Subcommittee made a
motion to approve the definitive plan of Trafalgar Estates subject to the conditions
r
Trafalgar Estates Decision —2—
listed below. The vote on the motion was unanimous.
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 construc—
tion of ways and installation of municipal services within said subdivision, all
as provided by G.L, c. 41 , a, 81 U.
2. That such construction and installation shall be in all respects in conformance
to the governing rules and regulations of this Board.
3. That all water mains shall be installed in accordance with the Board of Public
Works specifications, the same for sewer improvements.
4. That fare protection improvements shall be constructed in accordance with the
standards of the Board of Fire ,Engineers including the fire alarm system consisting
of 3 boxes.
5. That roadway and surface drainage shall be constructed in accordance with the
recommendations of the Highway Surveyor.
b. That the area of Lot 48 shall be designated on the definitive plan.
7. That water loop on Tolland Ind. to Turnpike shall be shown on definitive plan.
8. Sidewalk to the Franklin School shall be shown on Paid plan and cover of bituni—
noun concrete shall, be so marked.
9. A sidewalk plan of the site shall be provided to the Planming Board.
10. Street names dock Rd. and Foss Rd. shall replace Summit and Farnum.
11. There shall be an 18" pipe at split on Summit Ave.
12. Berkeley Rd. shall be paved to Turnpike St.; Tolland Rd. shall be paved to meet
the existing Tolland did.
13. The 30" drain pipe to Andover Street shall be shown on the definitive plan.
Very truly yours,
PLANNING BOARD z
(Vet
Fritz Ostherr, Chairman
gb
a
Nov oinb er � � l 9 'I(,
To To The Planning Board of the Toxn of '_dorm Andover :
in preparing the plan entitledWi)efiriit.-i_ve; 9'nbdivJsIon Plan o:fTrafah,,ar
f hereby certify that the above named plan and accom anying
data is true and correct to the accuracy -required by to
current Ru? es and -Regul,..-'i inns Governirjg the SJ.bdivision of
Lard in North Andover, .assachusetts , and :ny souxce of
information about the location of bounda-ries shown on said
nlan were one or more of the following
1 . Deed frorb Molumed to I.Pla-#7 ey
recorded in t:�e
ILrtl ]a<, �egistry in 5ookT�118`(_ , gage 662_
2 . Other plans , as follows—
3 . Oral information furnished by ----_—
4. Act°aal measarement on the ground .from a starting soint
established by ]CS..o�iw-jK )_3o )nc1
5 . Other sources
,igned__� ___—
(Registered ?;ofessiorial Hnglneer
ID
( Seal of '-,Ingineer or ;;I e ? ' �d surveyor)
or Surveyor) _ — — --
Address
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4 GELI I ll AS
No. 91
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4N,U soR fiFssro3Yl.1 ,
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F AFK ICATION FOR APPROVAL OF A PRELDMU11Y PLAN (continued)
{� Start t point
' • a a on A nd®v®x' Streot, at land now or
i formerly of From George, thanco in a Northeasterly
� 3rootion in aevoral courses by land of caid George,
# ,•c' `., Leonard, Nam fond and Driscoll , 1,048.72 feet;
thence Southeasterly, by 1 now or formed of
4 'k Melamed, 113.52 foot; y
t thence Northeasterly atill by land now or formerly
f Of Melamed, 174,6r67 feet;
i thence South(�aeterl.y in two courses by land of the
Town of North Andover 630.752 feet;
.s thence Southwooterly in oevoral courses by land now
;. or formorly of Thomas J. Flatley, 1,14().G95 feet;
a jy
thence Nortbwogterly by land of K liot, Lodge, now
or formerly, 405.614 feet ;
thence Northeasterly by the center line of Tolland
jj Road, 50 feet;
I a
thence Northwesterly by laird now or formerly of Curtin,
120.135 feet ;
thenco Northeasterly by land now or formerly of
" Wilson, 164 feet;
thence Northwesterly in throe courses by land now
or formerly of Filson, Lynch and Lewis , 34.6.075 feet;
thence N®rtheasterly by land now or formeris, of
Sarcione, 120' `.'oot ;
thence No- thwesterly, again by land of Sarcione,
l2061foot
theme Northoasterly by land now or formerly of Parker,
100 feet;
thence N )rthweoterl
i �,;'„ �� •: y, again by land of Parker, 112.18 facet;
thence Northoactorly in two aoursea by the Northeasterly
5' line of Andover Street to the point of beginning.
.h
FORM H
PERFORMANCE SECURED BY BANK PASSBOOK
North Andover , Massachusetts
AGREEMENT made this date between the town of NQrt
-h Anr3njrp,r
and Ambrose N. Flatley hereinafter referred to as " the
applicant of Braintree, Massachusetts to secure construction
of ways and installation of municipal services in the Subdivision of
Land shown on a plan entitled : mRArALGAR ESTATrES
by :Charl.es J. Kane Surveyor , dated : April 3 , 1976
owned y : Ambrose Development .Corp .__ address150 Wood Road
Braintree, Massachusetts land located in
North n over, Essex County and showing 64 proposed I ots .
KNOW ALL MEN by these presents that the applicant hereby binds and
obligates himself, his , or its executors , administrators , devisees , heirs ,
successors and assigns to the town of North Andover a
Massachusetts municipal corporation , acting through its Plannint Board ,
in the sum of $10 , 000 dollars , and has secured this obligation by
deposit with t e Treasurer of said town of North Andover
a deposit of money for the above sum represented by Bank Passbook No
07-05747-4 wi th an order drawn on the Bank of New England--lianr_nck's
Ban of ;3r i payable to the order of
the Planning Board of the town of said
sum to be used to insure the performance by the applicant of all cov-
enants , conditions , agreements , terms and provisions contained in the
following :
I . Application for Approval Definitive Plan ( Form C ) , dated : ll/5/76
2 . The Subdivision Control Law and the Planning Board ' s Rules and Regu -
lations governing this subdivision and dated
3 . Conditions included in the Certificate of Approval issued by the
PI anni ng Board and dated : 7/1 Q,/:78
4 . The Definitive Plan as qualified by the Certificate of Approval , and
5 . Other document( s ) specifying construction or installation to be
completed , namely :
(Specify other documents ) if any , and list lots secured if only a
part of the subdivision is secured by a. bank passbook ) .
This agreement shall remain in full force and effect until the applicant
has fully and satisfactorily performed all obligations , or has elected
to provide another method of securing performance as provided by M . G . L .
Chapter 41 , Section 81-U .
( Page 1 of 3 )
Upon completion by the applicant of all obligations as specified herein ,
on or before or such later date as may be specified by
vote of the Planning Board with the written concurrence of the applicant
and the bank , the bank passbook shall be returned to the applicant by
the town and this agreement shall become void . In the event the applicant`
should fail to complete the construction of ways and installation of
municipal services as specified in this agreement and within the time
herein specified , the funds on deposit in the account represented by
the aforsaid bank passbook and order drawn thereon may be applied in
whole , or in part , by the Planning Board for the benefit of the town of
North Andover to the extent of the reasonable cost to the
town of completing such construction or installation as specified in this
agreement . Any unused funds and the bank passbook will be returned to
the applicant upon completion of the work. by said town .
The town of North Andover acting by and through its Planning'
Board hereby agrees to accept the aforsaid bank passbook and order drawn
thereon as security for the performance of this project .
The Banc of New England-Hanc;oc]B an k . o f Braintree Masaachusetts
hereby agrees not to release any funds from the account represented by
the aforsaid bank passbook or otherwise amend or make a change to the
aforsaid bank passbook or to the order drawn thereon without written .
agreement by the Planning Board.
Any amendments to this agreement and[or to the aforsaid security shall
be agreed upon in writing by all parties to this agreement .
IN WITNES INHERE F we have hereunto set our hands and seals this
020— of 19 86
6��L- LO &L&
Signatures of a Majority of
the Members of the Planning
Board of the town of
Signature of Applicant
Signature of Authorized Rep-
resentative of the
BANK Of NEW ENGLANp. - HANCON n k
( Page 2 of 3) Vice Presidoni
i
COMMONWEALTH OF MASSACHUSETTS
�jI s s 19 T
Then personally appeared one of the above named
members of the Planning Board of North Andover Massachusetts. ,
the app i cant , and the authorized representative of the
Bank , and acknowledged the foregoing instrument to
be -the free act and deed of said parties before me .
Notary Public
My Commission Expires :
7Pi��omm9�s3c�n�'x�iros:luno '7;4, 9"�'3.j
( Page 3 of 3 )
6� (A
SUBDIVISION CONTROL AGREEMENT SBCURING TUIEJJ
CONSTRUCTION OF WAYS AND MUNICIPAL SERVICES
Agreement made this 5th day of February 1979 , by and
between Ambrose Development Corp. , hereinafter referred to as the
"Applicant" ; and the Town of North Andover, actin( through its
Planning Board, hereinafter referre-d to as the "Board" , vis ;
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 "Plan of Trafalgar Estates , " dated October 27 , 1976 and
revised February 6 , 1978 by Frank C. Gelinas & Associates.
The Applicant and the Board have agreed upon conditions of
approval , which conditions have been inscribed on said Plan,
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 with
insaid subdivision, all as provided by G.L. c. 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 . That water and sewer improvements shall be constructed
in accordance with the standards of the Board of Public
Works.
4 . That fire protection improvements shall be constructed in
accordance with the standards of the Board of Fire Engineels
including the fire alarm system consisting of three (3) boxes.
5. That roadway and surface drainage shall be constructed
in accordance with the standards of the highway
surveyor.
6. Berkeley Road shall be paved to Turnpike Street, Tolland
Road shall be paved to meet the existing Tolland Road.
Note: Emergency outfall and spillway -to be constructed
according to the specifications set forth by the Highway
Surveyor. Control spillway and swale to be constructed
with granite and to be designed and implemented under
field conditions. -»
Whereas , the Applicant is hereby assign-ing eleven (11) Boston
Five Cents Savings Dank Passbooks numbered 11.-1-2052 226 through
11--0-2052 236 containing $61, 850 on deposit to the Planning Board
of the Town of North Andover;
Whereas, the Town of North Andover will withhold the $61 , 850
to be disbursed to the Applicant as and when municipal services
shall have been installed and ways constructed for 840 feet of Rock
)load, 470 feet of Tolland Road, as shown on a plan entitled "Plan
of Trafalgar Estates owned by Thomas J. Flatley, dated October 27 ,
1976" from Andover Street at the Westerly terminus of Rock Road to
the Easterly I)oundary of 'Lot 37 on said plan and from the Northerly
terminus of Tolland Road along Tolland Road to the existing pavement
of Tolland Road, pursuant to said plan, said Rules and Regulations
and Restriction Agreement;
Now, therefore, it is understood and agreed that said funds
consisting of the total of $52 , 000 plus $5 ,200 for contingencies
and $4 , 650 for water and sewer as per the Board of Public Works
J
3 .
are deemed by the Board to be sufficient for completion of the
municipal services and ways serving Lots numbered 1, 3 , 35 , 36 ,
37, 38, 52 , 53 , 54 , 5.5 , 56, 5.7 , 58, 59 , 60 , 61 , 62 , 63 and 64
on Rock Road and Tolland Road in Trafalgar Estates.
It is also agreed that such funds will be released to the
Applicant from time to time as approved by 9 vote of the Planning
Board as the municipal services and ways have been completed or
partially completed in accordance with its applicable Rules and
Regulations.
It is further agreed and understood that a].1 of the ak:)ove
services and ways shall be completed no later than September 15,
1980 unless the date be extended by 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, the Planning Board will be entitled
to withdraw su.ffi_ci:ent funds from said savings accounts in order
to pay for the cost of such improvements 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.
4 _
The obligation 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 written above.
TOWN OF NORTH ANDOV°ER PLANNING BOARD
BY0
Ckiaa.rman, r�t .rich .tf'rar �the '1`cawn of
North Andover by vote of the
Planning Board
APPLICANT:
AMBROSE DEVELOPMENT CORP.
3
BY
Ambrose N. Flatley, Presides
STATE OF
} SS:
COUNTY OF �--5.5�
Before me personally appeared the above-named who acknowledged
the execution thereof to be his free act and deed.
WTTN.ESS my hand and seal. at , s �' County,
this, •: �✓� day of
1979.
L.
/Motary Publr _.___�_--�
a
PARTIAL RELEASE OF SUBDIVISION CONTROL AGREEMENT
SECURING THE CONSTRUCTION OF WAYS AND MUNICIPAL SERVICES
The Planning Board of the Town of North Andover, Essex County ,
Massachusetts , by its Chairman , ,} ( <:; �. a : fi•., thereunto
duly authorized , hereby "releases" Lots 41 , 42 , 43 , ,44 , 45 , 46 , 47 ,
48 , 49 , 505 51 , 1 , 2 , 3 , 35 , 36 , 37 , 38 , 39 , 51 , 52 , 59 , 60 , 61 , 62 ,
63 , 64 , 53 , 54 , 55 , 56 , 57 and 58 of the Trafalgar Estates Subdivision,
all as shown on a plan entitled "Plan of Trafalgar Estates located in
North Andover, Mass . , owned by Thomas J. Flatley, dated October 27 ,
1976 , 11 as approved by the Planning Board on February 10 , 1978 , from
their "Subdivision Control Agreement Securing the Construction of Ways
and Municipal Services" dated February 5 , 1979 , and recorded at the
Registry of Deeds for the Northern Registry of said County in Book
1362 , Page 658 .
PLANNING BOARD
TOWN OF NORTH ANDOVER
ff'
F
BY.
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS . �... j..� 1982
j
Then personally appeared (1.01 "Al (A Chairman,
and acknowledged the foregoing instrument as and to be the .free act
and deed of the Planning Board of the Town of North Andover.
Before me ,
Notary Public
My commission, exP'res :r LL�l _ j