HomeMy WebLinkAboutLetter to ZBA 9.29.2023 (with exhibits) (2) - Correspondence - 0 WINTER STREET 9/29/2023 JOHNSON&
/'� Mark B. Johnson(MA,NH,DC)
BORENSTEIN, LLC Donald F. Borenstein(MA,ME,NH)
ATTORNEYS AT LAW Keri M. Armstrong(MA,NH)
John M, Donnelly, Jr.(MA)
12 Chestnut Street Gordon T. Glass(ME,MA)
Andover,MA 01810-3706 Andrew T. Lechner(VT,MA,NH)
Tel: 978-475-4488
Fax: 978-475-6703 Of Counsel
www.jbiIclaw.com Robert W. Lavoie(MA,NH)
mark@jbllclaw.com
Paraleeals
Karen L. Bussell
Lianne Patenaude
Ellen M. Melvin
Tina M. Wilson
September 29, 2023
Zoning Board of Appeals
Town of North Andover
120 Main Street
North Andover, MA 01845
Re: Lot 104C-110 Lot 104C-149 & Lot 104C-150 Winter Street
Dear Members of the Zoning Board of Appeals:
Enclosed is one submittal for all three lots. Rather than use a lot of paper to submit 6 sets of the
same documents, I have submitted one set which covers all 3 lots. If you would like separate
copies for each petition please let me know and I would be happy to submit it.
You will find the following:
1. A summary of the chronology that I believe is relevant to the Board's consideration of
the Variance petitions and the Finding petition. It is based upon a timeline which
references documents that are attached.
2. A letter from Andover Consultants and three plans which relate to drainage which the
Board questioned at the last hearing.
3. A letter from Norse Environmental as to the wetlands on the lots.
I look forward to discussing these materials at your next meeting. Should you wish to have any
additional information, please let me know.
Very truly yours,
JOHNSON & BORENSTEIN, LLC
l�,l Malt,>°e.B.ga^ m u
Mark B. Johnson
MBJ—klb
Enclosures: as indicated
andover 1 East River Place
consultants Methuen,Massachusetts 01844
inc. Tel.(978)687-3828
www.andoverconstiltants.com
September 26,2023
Mark Johnson,Esquire
Johnson&Borenstein,LLC
12 Chestnut Street
Andover,MA 01810
RE: Vacant Parcels on Winter Street
North Andover,Mass
Parcel IDs: 104-110, 104-149, 104-150
Dear Attorney Johnson,
Andover Consultants has prepared preliminary site plans for each of the vacant parcels listed above to demonstrate the
viability of development.
Each site plan illustrates a location of a single-family dwelling with proposed dimension of 50'x35' along with a proposed
driveway with access to and from Winter Street and an approximately location of septic system. Based on our
understanding of the Zoning Bylaw and Wetlands Bylaw,we believe that all of the features described above are in
compliance with the property line and wetland setback requirements.A filing with the Conservation Commission will be
required following the completion of the Zoning Board of Appeals process.
In addition to the proposed improvements listed above,the site plans also show a 1,000-gallon precast drywell for
collecting and infiltration roof runoff from each proposed dwelling. Each lot will also have a driveway infiltration trench
which consists of a 2'x2' crushed stone trench which would capture stormwater runoff from the proposed driveway and
increase stormwater recharge on site.
It should be noted that these sites are not subject to the Massachusetts Stormwater Standards,as these standards do not
apply to single family houses or to housing development projects comprised of detached single-family dwellings on four
or fewer lots.
If you have any questions concerning the proposed preliminary site plans or the above information,please feel free
to contact me at your convenience.
I
Sincerely,
Andover Consultants Inc.
Dennis A. Griecci, P.E.,LEED AP
Page 1 or I
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SCALE:1"=40'
REWIRED EXISTING PROPOSED COMMENT
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PREPARED FOR: ELLEN CASHMAN
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REQUIRED OQSDNG PROPOSED COMMENT a
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AREA WTUDE andover
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FRONTAGE 17T 150.00' 150.00' VARIANCE MAY BE REWIRED inc.
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4, N'<AREA WTSIDE 65.340 S.F. 40,B88 S.F. 40,68E S.F. VARIANCE MAY BE REWIRED consultants
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SIDE SETBACK 30' N/A ' 36.5' (36.3' Methuen, Mass. 01844 Dennis A. Griecci
REAR SETBACK 30' N/A 191.7' Telephone:978-687-3828 Reg. Prof. Engineer
HEIGHT 35, N/A 33 0 40 80 120 160 Ft.
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NORSE ENVIRONMENTAL SERVICES, INC.
92 Middlesex Road, Unit 4
7�tn sb oro, MA 01879
TEL. (978) 9-9932 - Fes"(9T8)6 9-7582
September 26, 2023
Johnson & Borenstein LLC
12 Chestnut Street
Andover, MA 01810
Re: 0 Winter Street—Parcels 110, 149-150
Ms. Ellen Cashman
North Andover, MA 01845
Mr. Johnson;
Norse Environmental Services, Inc. performed site visits at the above property to flag the
resource areas per 310 CMR 10.00, the Wetland Protection Act, North Andover Wetland
Protection Bylaw and Regulations.A large bordering vegetated wetland or resource area is
located at the rear of the property. The bordering vegetated wetland has an associated 100 ft.
buffer zone and is protected under 31.0 CMR 10.00, local wetland bylaw and regulations.
A small, isolated wetland is located between the existing driveway and Winter Street. 310 CMR
10.00 does not regulate or protect isolated wetlands. It should be noted, the isolated wetland is
recognized as a resource area under the local wetland bylaws and regulations.As a result, the
isolated wetland has an associated local 100 ft. buffer zone.
The 100 ft. buffer zone is NOT a resource area under 310 CMR 10.00. 310 CMR 10.04 defines a
Resource Area as "means any of the areas specified in 310 CMR 10.25 through 10.35 and 10.54
through 10.58. It is used synonymously with Area Subject to Protection under M.G.L. c.131 &
40, each one of which enumerated in 310 CMR 10.02(1) (please see below).
310 CMR 10.02: Statement of Jurisdiction
(1) Areas Subject to Protection under M.G.L. c. 131 � 40. The following areas are subject to
protection under M.G.L. c. 131, § 40:
(a) Any bank the ocean
any freshwater wetland, any estuary
any coastal wetland, any creek
any beach, bordering any river
any dune, on any stream
any flat, any pond
any marsh, or any lake
or any swamp
(b) Land under any of the water bodies listed above
(c) Land subject to tidal action
1
(d) Land subject to coastal storm flowage
(e) Land subject to flooding
(f) Riverfront Area
310 CMR 10.04 defines BorderinIZ "means touching. An area listed in 310 CMR 10.02(l)(a) is
bordering on a water body listed in 310 CMR 10.02(1)(a) if some portion of the area is touching
the water body or if some portion of the area is touching another area listed in 310 CMR
10.02(1)(a) some portion of which is in turn touching the water body".
310 CMR 10.04 defines Buffer Zone, "means that area land extending 100 feet horizontally
outward from the boundary of any area specified in 310 CMR 10.02(1)(a)."
North Andover, Chapter 190 Wetland Protection Bylaw and Regulations recognizes bordering
vegetated wetlands, isolated wetlands and buffer zones as a resource area. The North Andover
Chapter 190 Wetland Protection Bylaw states the following below:
190-2 Jurisdiction.
A. Except as permitted in writing by the Commission, or as provided in this bylaw, no person
shall engage in the following activities ("activities"): removal, filling, dredging, discharging
into, building upon, or otherwise altering or degrading the wetland resource areas described in
the following sentence. The Town's wetland resource areas consist of:
(1) Any isolated vegetated wetland;
(2) Any ephemeral pool;
(3) Any vegetated wetland bordering on any creek, river, stream, pond or lake;
(4) Any bank, beach, marsh, wet meadow, bog, or swamp;
(5) Any land under any creek, river, stream, pond or lake;
(6) Any one-hundred-foot buffer zone of wetland areas (1) through (5) listed above;
(7) Any land subject to storm flowage, or flooding by groundwater or surface water; and
(8) The two-hundred-foot riverfront area.
C. The wetland resource areas listed in Subsection A(1) through (8) above are protected in
addition to the wetland resource areas protected under the Massachusetts Wetlands
Protection Act, MGL c. 131, § 40 ("the Act") and its accompanying regulations, 310 CMR
1.0.00.
The North Andover Wetland Protection Regulations 2.0 Definition section defines the following:
Buffer Zone is that resource area which extends one-hundred feet (100') from the edge of those
wetland resource areas identified in Section 1.0. However, it is possible that these resource areas
will overlap in some instances (e.g. Riverfront Area and Land Subject to Flooding).
Wetland Resource Area means those areas subject to protection under the Massachusetts Wetland
Protection Act (MGL c.131 s.40) and the North Andover Wetland Protection Bylaw (Section
178.2) and Regulations (Section 1.3).
2
In summary, 310 CMR 10.00, the Massachusetts Wetland Protection Act, does NOT consider the
100 ft. Buffer Zone a resource area. The North Andover Wetland Protection Bylaw and
Regulations does recognize the 100 ft. Buffer Zone as a resource area.
If you have any questions or concerns regarding the above information, please do not hesitate to
contact me.
Sincerely,
Maureen Herald, PWS, CWS
Cc: Ms. Ellen Cashman
3
Joint Submittal of Odelle F. Cashman Trust, Owner of Lot 104C-110; Frank Cashman Realty
Trust, Owner of Lot 104C-149; and Joan M. Cashman Revocable Trust, Owner of Lot 104C-
150, for Petition for a Variance and Petition for a Finding
In the early 1980s, Odelle and Joan Cashman together owned a 25-acre property along Dale
Street and Winter Street in North Andover. Exhibit 1. The property was improved with a single-
family home where the Cashmans resided and was otherwise undeveloped land. In 1983, the
Cashmans divided their property into Lots 1-5. Exhibit 2. They retained Lot 1, an approximately
12-acre parcel including their single-family home, and sold off the remaining Lots. In 1984, The
Cashmans further divided Lot 1 into two lots, Lot 6 and 7. Lot 6 consisted of approximately 1.4
acres and included their single-family home, and Lot 7 consisted of approximately 10.5 acres which
remained undeveloped. Exhibit 3.
In the mid-1980's, the Cashmans decided they would divide Lot 7 into multiple buildable
lots to either sell or retain in the family. They transferred Lot 7 to the Odelle F. Cashman Trust, an
estate planning trust, to manage Lot 7 accordingly. Exhibit 6, 7. At the time, the Cashmans' land
was subject to a minimum lot area requirement of one acre under the Town Zoning Bylaw.
However, the Cashmans had learned that the Annual Town Meeting would include a vote to
increase the minimum lot area requirement to a two-acre minimum. Accordingly, they filed Plan
40905-D with the Town before then, on May 1, 1987. Plan 40905-D divided Lot 7 into nine lots
(Lots 8-16), including eight buildable lots and one non-buildable lot, each being approximately
one-acre. The Town Clerk eventually endorsed Plan 40905-D as "Approval Not Required"in
October of 1987.1 Exhibit 8. Just days after the Cashmans had filed Plan 40905-D with the Town,
on May 4, 1987, the Annual Town Meeting was held and residents voted in favor of increasing the
minimum lot area requirement to two acres. Exhibit 9.
After Plan 40905-D was endorsed, the Town assessed all lots on the plan as individual
building lots.
In 1988, the Cashmans made a series of conveyances into the Cashman Realty Trust, a
newly created trust to provide separate ownership interests among the various adjoining lots shown
on Plan 40905-D. Exhibit 11; 12. This was intended to preserve the buildable status of the lots
under the Zoning Bylaw in effect when Plan 40905-D was filed, in accordance with G.L. c. 40A, §
6.
In 1991, Lot 8 was sold to a third-party and the Town subsequently issued a building permit
to construct a single-family home. Exhibit 14; 15.
In 1994, and in accordance with the Odelle F. Cashman Trust, the Cashmans made another
series of conveyances, including to a newly-created Frank Cashman Realty Trust, again intending to
maintain separate ownership interests to preserve the buildable status of the lots under the Zoning
Bylaw in effect when Plan 40905-D was filed. Exhibits 16-21. Shortly after, Lot 9 was sold to a
After the endorsement,the Town assessed the Lots shown on Plan 40905-D(with the exception of Lot 16)as buildable
lots and has maintained such assessments to this day.The Cashmans spent significant money and experienced hardship
over the years paying the property taxes on the various Lots.This would not have been the case if the Lots were
assessed as nonbuildable lots.
third-party and the Town subsequently issued a building permit to construct a single-family home.
Exhibit 22; 23.
In 1995, Lot 11 was sold to a third-party and the Town subsequently issued a building
permit to construct a single-family home. Exhibit 24, 25. Then again, in the winter of 1997/98, Lot
12 was sold to a third-party and the Town again issued a building permit to construct a single-
family home. Exhibit 26; 27.
In 2012, for estate planning purposes Joan Cashman transferred her interest in Lot 6 and Lot
15 to the Joan M. Cashman Revocable Trust. Exhibits 28-30. Eventually, in 2020 Lot 6 was sold to
a third-party. Exhibit 31.
Currently, the Cashman family retains ownership of the following lots as depicted on Plan
40905-D:
• Ellen Cashman owns Lot 10;
• Odelle F. Cashman Trust owns Lot 13 and Lot 16;
• Frank Cashman Realty Trust owns Lot 14; and
• Joan M. Cashman Revocable Trust owns Lot 15.
At the time that Plan 40905-D was filed with the Town, the Lots depicted conformed to all
zoning requirements. Under M.G.L. c. 40A, § 6,para. 6, "the use of the land shown on such plan
shall be governed by applicable provisions of the zoning ordinance or by-law in effect at the time of
the submission of such plan . . . and for a period of three years from the date of endorsement."
Within three years of the date of endorsement, the Lots were placed in separate ownership. Under
M.G.L. c. 40A, § 6,para. 4, the Lots effectively gained isolated residential lot zoning protections
dating back to the Town Zoning Bylaw in effect when Plan 40905-D was filed. Indeed, the Town
supported this outcome as demonstrated by its issuance of building permits for Lot 8 in 1991, Lot 9
in 1994, Lot 11 in 1995, and Lot 12 in 1997.
Notwithstanding any argument to the contrary that the remaining undeveloped Lots shown
on Plan 40905-D are protected under M.G.L. c. 40A, § 6, the Town's actions in issuing building
permits for Lots 8, 9, 11 and 12 must be honored for the remaining undeveloped Lots.
Massachusetts courts have repeatedly emphasized the importance of uniformity in land use
decisions. See, e.g., Fafard v. Conservation Comm'n. OfReading, 41 Mass. App. Ct. 565, 569
(1996) ("In the administration of controls limiting the use of land—as with any exercise of the
police power—uniformity of standards and enforcement are of the essence. If the laws are not
applied equally they do not protect equally.");Montgomery v. Board of Selectmen of Nantucket, 95
Mass. App. Ct. 65, 77 (2019) ("The possibility that the commission may have taken inconsistent
positions on similar proposals, without exploring or explaining the inconsistency, is a particularly
relevant concern.");ASD Three Rivers MA Solar; LLC v. Planning Bd. Of the Town of Wilbraham,
29 LCR 124, 136 (2021) ("The Board's application of different interpretations (i.e. different
methodologies) to different [permit] applicants was arbitrary, capricious and legally untenable.").
Therefore, since the Town previously treated four of the Lots shown on Plan 40905-D as benefiting
from the isolated residential lot zoning protections under M.G.L. c. 40A, § 6,para. 4, and in the
interest of uniformity, the Town must treat the remaining undeveloped lots similarly.
Cashman— Timeline
Abbreviations: Current Ownership Interest:
"OFCT"— Odelle F. Cashman Trust Lot 10: Ellen Cashman
"CRT"— Cashman Realty Trust Lot 13: OFCT
"FCRT"—Frank Cashman Realty Trust Lot 14: FCRT
"JMCRT"—Joan M. Cashman Revocable Trust Lot 15: JMCRT
Lot 16: OFCT
Date: Lot: Conveyance: Event: Exhibit:
08/12/81 Plan 40905-A (25-acre property) 1
11/04/83 Plan 40905-B (Lots 1-5) 2
08/28/84 Plan 40905-C (Lot 6 & 7) 3
11/20/84 6 Odelle & Joan Cashman 4 Joan 4
Cashman
11/20/84 7 Odelle & Joan Cashman 4 Odelle 5
Cashman
07/21/86 Odelle F. Cashman Trust("OFCT") 6
created
07/22/86 7 Odelle Cashman 4 OFCT 7
05/01/87 Plan 40905-D (divided Lot 7 into 8
Lots 8-16)
05/04/87 Annual Town Meeting vote to 9
increase minimum lot size to 2 acres
Town Clerk signed cert. of
10/21/87 constructive endorsement of ANR
Plan 40905-D
06/10/88 Plan 40905-D filed in Land Court
06/27/88 10 OFCT 4 Ellen Sweeney 10
11/21/88 Cashman Realty Trust ("CRT") 11
created
11/21/88 9 OFCT 4 CRT 12
11/21/88 12 OFCT 4 CRT 12
11/21/88 14 OFCT 4 CRT 12
1988 10 Single-family home built 13
Date: Lot: Conveyance: Event: Exhibit:
03/15/91 8 OFCT 4 DeFlumeri 14
04/16/91 8 Building Permit issued for single- 15
family dwelling
03/21/94 9 CRT 4 OFCT 16
03/21/94 9 OFCT 4 Patricia Cashman Connolly 17
03/21/94 15 OFCT 4 Joan Cashman 18
05/05/94 Frank Cashman Realty Trust 19
("FCRT") created
05/06/94 11 OFCT 4 Joan Cashman 20
05/06/94 14 CRT 4 FCRT 21
08/30/94 9 Patricia Cashman Connolly 4 22
Phoenix R. T.
09/17/94 9 Building Permit issued for 2 story 23
single family dwelling
05/11/95 11 Joan Cashman 4 Glenn Saba 24
06/02/95 11 Building Permit issued for single- 25
family dwelling
12/11/97 12 Building Permit issued for single- 26
family dwelling
03/06/98 12 CRT 4 Century Builders, Inc. 27
04/04/12 Joan M. Cashman Revocable Trust 28
("JMCRT") created
04/04/12 6 Joan Cashman 4 JMCRT 29
04/04/12 15 Joan Cashman 4 JMCRT 30
06/02/20 6 JMCRT 4 Christine Leidner Trust 31
1
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FLAN OF LAND IN NORTH ANDOVER AN
Charles C. Martin, Associates, Surveyors
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U a4c2utk MA�'.�+iLS'tA
SUBDIVISION PLAN OF LAND IN NORT ANDOVER` 0 0
H
sheet i of 2
Charles C. Martin, Associates, Surveyors
November 4, 19B3
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Subdivision of iand
Shown on. Plan,40905—A
Filed with Cert. of Title No. 9329 -
North Registry District of Essex County Abutters are shown as
Separate certitkates of title may be issued for .land on original decree plan.
shoran hereon as 4ats_,f_1Lhru_5__ ___ Copy of part of plan
By the Court. filed 1n
LAND REGISTRATION OFFICE
DEC. 23, 1983
OEM �3 3983 — — Recorder,. Scale of this plan 120 foot to an Jnch.
Louis A. Moore, Engineer for Court
N.B.=17 _ _ —
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--------------------- ------------
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SUBDIVISION PLAN OF LAND IN NORTH ANDUVER 4 00 �
�✓ r✓
Charles C. Martin,, Associates, Surveyors:
August 28, 1984 r �
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Subdivision of Lot
Shown on Plan 40905 Sl,. Z
Filed with Cart. of„•Title No. 9349,
North Registry District of Essex County
! Separate certificates of title may be issued for land Abutters: are shown as
shown hereon as.Lo4.6,0..T........................ on original decree plan
By the Court. copyo!partofplan
--bled in--
LAND REGISTRATION OFFICE
NOV. /4 1984
` x ..``JJ Cu r ..• •. Scale of this plan I20 feet to an inchNov,14,1984 Recorder. Louis A.Moore,Engineer for Court
— .. _
FormLCE-S-3.33003-84
----------
sg
dT
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YIN
Qvuitc.CtttxYt
STATUTE FORM .,
�u r ' LAND COUitY, Bl1STUN.The land
herein descfibed will be shown on
--- our ?NV" e. ,I n to follow as
odelle F. Cashman et ux NOV14 IM
plan
TO
h (Examined as to description only)
€ngineec
Joan M. Cashman � ' 0
Dated, November 19, 1984 19
19 R' ' -
tEGISTRA;1.,ra .�
at o'clock and minutes ___ .ten. INEING Ck+i 1'`
Received and entered with
Deeds
Book Page
Attest:
Register
TYT6 uAw wrtn.aueu.wewa wm....n.vr.ssm
.
FORM 281 REV.6/81
EATON 8c CHANDLER
ATTORNEYS-AT-LAW
LAWRENCE. MASS. 01840
We, Odelle F. Cashman, also known as Odell F. Cashman, and
Joan M. Cashman, husband and wife, both
of North Andover, Essex County,Massachusetts
in consideration of One ($1.00) Dollar and other good and valuable
consideration, paid
grant to Joan M. Cashman
of 907 Dale Street, North Andover, Massachusetts.
with quitclaim cctuenttnts
the land in said North Andover, hounded and described as follows:
NORTHWESTERLY: by Dale Street three hundred ninety-two and
78/100 (392.78) feet;
NORTHEASTERLY: by Winter Street one hundred fifteen and
88/100 (115.88) feet;
EASTERLY: by Lot 7 as shown on said plan one hundred
fifty-six and 33/100 (156.33) feet;
SOUTHEASTERLY: by said Lot 7 two hundred fifty-seven and
30/100 (257.30) feet; and
SOUTHWESTERLY: by said Lot 7 one hundred four and 47/100
(104.47) feet.
0 All of said boundaries are determined by the Court to be located
as shown on Plan 40905C drawn by Charles C. Martin, Associates,
vSurveyors, dated August 28, 1984, as modified and approved by the
Court, filed in the Land Registration Office, a copy of a portion of
which is filed with Certificate of Title No. 9 ; Book
v
Page 121 , and being Lot 6 , thereon.
R
0
rn
cu
N
3a
a
m
U
N
r4 xecu d as a s le instrument this19th Q� d f November 1984
`H Gf// uL-
Odelle F. Cashman
i
an M. Cashman
(` 4z (Ilantmonfuenith of Massar4usetts
Essex, SS, November 19, 1984
Then personally appeared the above named Odelle F. Cashman and Joan M. Cashman
and acknowledged the foregoing instrument to be yeirfree ac and deed,
Before me,
J C. OakleyNotary Fublir
}�ii FbfrX}fjJ:rYe34�dE�CX
My commission expires March 21, iC6
5
STATUTE FORM J n. j LAND COURT,BO S1 GN. The land
41" L v iU �� herein described will be shown 4n
our approved nl a to f^Ilnw as
Odelle F. Cashman et ux 1 :1
--G.�
. Plan
Ca�S `
TO (Examined as to description only)
-Engineer
Odelle F. Cashman
a
.t Y
Dated, November 19, 1984 19
19
at o'clock and minutes r*+,
Received and entered with
Deeds
Book Page
����<f R1Lf 155tJi�
Attest: d') fi' t';T,J
alRegister SEI NG CZERTi ",'X��e No.
T 11TB LANX p
rvrrtE.✓.w vn,rr,r�euvHena.w,m..no.v..usu
FORM 281 REv.6/81
EATON & CHANDLER
ATTORNEYS-AT-LAW
LAWRENCE,MASS.01840
We, Odelle F. Cashman, also known as Odell F. Cashman, and
Joan M. Cashman, husband and wife, both
of North Andover, Essex County,Massachusetts
in consideration of One ($1.00) Dollar and other good and valuable
consideration, paid
grant to Odelle F. Cashman
to
of 907 Dale Street, North Andover, MassachusetWsh qui#clttim cnbenttn#s
the land in said North Andover, bounded and described as follows:
WESTERLY: by Lot 6 as shown on said pplan one hundred
fifty-six and 33/100 (156.33) feet;
NORTHWESTERLY: by said Lot 6 two hundred fifty seven and
30/100 (257.30) feet;
o NORTHEASTERLY: by said Lot 6 one hundred four and 47/100
(104.47) feet;
NORTHWESTERLY: by Dale Street seven hundred fiftyy (750) feet;
SOUTHERLY: by land now or formerly of Odell F. & Joan M.
Cashman five hundred forty-nine and 30/100
o (549.30) feet;
NORTHEASTERLY: by land now or formerly of Land Sail Inc. two
hundred fifteen and 52/100 (215.52) feet;
SOUTHEASTERLY: b lands now or formerly of Land Sail, Inc. and
oT Robert F. & Eileen T. Carleton five hundred
sixteen and 11/100 (516.11) feet; Robinson
NORTHEASTERLY: by lands now or formerl of Barrett F.
et al one hundred seveRy-five and 63/100 (175.63)
feet;
SOUTHEASTERLY: b lands now or formerly of Barrett F. Robinson
e al one hundred thirty-four and 42/100 (134.42)
v feet; and
NORTHEASTERLY: by Winter Street four hundred eighty-five and
Q 47/100 (485.47) feet.
All of said boundaries are determined by the Court to be located
as shown on Plan 40905C drawn by Charles C. Martin, Associates
v Surveyors dated ''M 28, 198h, as modified and approved by the
m Court, fiied in the Land Registration Office, a copy of a portion of
i which s filed with Certificate of Title No. 9a2-9gSii, Book
o
64 L , Page 121 ? _<, and being Lot 7 , tPfereof.
a The land hereby registered is subject to the flow of a natural
c water course running through the same and shown on said plan as
o Brook and is also subject to a slope easement as shown on said plan.
4J
U
N
44
4-1
ecuted as a sealed instrument this 19th da of Zlr 1984
Odelle F. ashman
,Pan M. Cashman
4e (IlummunfucalA of ttssttrlluse##s
Essex, ss. November 19, 1984
Then personally appeared the above named Odelle F. Cashman and Joan M.
Cashman
and acknowledged the foregoing instrument to be th 'rfree act and ed,
Before me,
t�c
John C. Oakl , Notary Public
?0}kFiBL t86hF3�X
My commission expires March 21r 19
6
` _ .40993
.. i
•. r _ l l- .J i •1
. ODELLE F. CASHMAN TRUST
Dated: July 21, 1986
}-�l
EATON & CHANDLER
ATTORNEYS-AT-LAW
LAWRENCE, MASS. 01840
`Doc 06 6j3
ODELLE F. CASHMAN TRUST
I, Odelle F. Cashman, otherwise known as 0. Francis Cashman and
also Odell F. Cashman, of North Andover, Essex County,
Massachusetts, (also hereinafter referred to as the "Grantor"),
hereby transfer and deliver to Joan M. Cashman, of said North
Andover, and Ellen Sweeney, of said North Andover, and John C.
Oakley, of Methuen, Essex County, Massachusetts (hereinafter
referred to as the "Trustees" ) , certain of my property.
NOW, THEREFORE, my said Trustees declare and agree with said
Grantor that it will hold and administer such property which is now
transferred and any and all additional property whenever the same
may be received IN TRUST for the following uses and purposes:
FIRST: This Trust is revocable in accordance with Article Seventh
and shall be known as the Odelle F. Cashman Trust of July 21, 1986,
and may be referred to as such.
SECOND: During the Grantor's lifetime, and after his death, the
Trustees shall have the full power and authority to deal with the
Trust property as set forth in Article Fourth, below. During said
Grantor's life the Trustees may pay so much of the principal and
income of the Trust to the Grantor as the Trustees determine from
time to time. Additionally, the Grantor may direct the Trustees to
transfer and convey the Trust property upon such terms and
conditions as the Grantor deems sufficient, including the transfer
thereof for no consideration, to any person including a Beneficiary
or Trustee hereof. No purchaser, transferee, mortgagee, lessee or
other person dealing with any Trustee hereunder shall be bound to
inquire as to the validity of any act or action purporting to be
done by the Trustees or be bound to see the application of any money
paid or property transferred to the Trust. Said parties may rely on
the records of the North Essex District Registry of Deeds as to the
existence or non-existence of any facts, germain to the affairs of
this Trust.
On the death of the Grantor, the Trust property including the
property that may be transferred to the Trust under the Grantor's
Will shall be distributed as follows:
(A) To Ellen Sweeney and Patricia Cashman, the Trustees shall
convey one (1) building lot, each, sub-divided from the Grantor's
real estate, title to which was registered in the Grantor's name
with the Registered Land Section of the North Essex District
Registry of Deeds in Certificate of Title No. 9576. In the event
that either Ellen Sweeney or Patricia Cashman have previously
received one such building lot from the Trustees for no
consideration as above provided, then this provision shall lapse and
shall be null and void and without effect as it applies to the
recipient of such lot.
(B) If the Grantor's wife, Joan M. Cashman, shall survive him,
she shall receive, outright and free from Trust, an amount equal in
value to the maximum marital deduction allowable in determining the
Federal estate tax on the Grantor's Federal gross estate for estate
tax purposes less an amount equal to the value for. said Federal
estate tax purpose's of all other interests passing or which have
passed to the Grantor's said wife, other than by the terms of this
Article Second, but only to the extent that such interests are
included in determining the Grantor's Federal gross estate and
qualify for the Federal marital deduction (unless the same have been
effectively disclaimed by the Grantor's wife) ; provided, however,
that this amount to be distributed to the Grantor's wife shall not
exceed the minimum amount which, together with said other interests
passing to said wife, would eliminate the Federal estate tax
otherwise payable by reason of the Grantor's death, after taking
into account all credits, exemptions and other deductions. said
amount shall not, however, be reduced by any estate, inheritance or
like taxes payable as a result of the Grantor's death.
My said Trustees, in their sole and absolute discretion, shall
determine which assets, subject to the above limitations, shall be
distributed pursuant to this Article, provided, however, that such
assets shall be valued as of the date or dates of distribution to my
said wife.
If the order of deaths of the Grantor and his wife cannot be
determined, it will be conclusively presumed that the Grantor's
spouse survived him.
(C) If the Grantor' s wife, Joan M. Cashman, shall survive him,
all other trust property not conveyed pursuant to Article Second (A)
and not distributed to the Grantor's wife pursuant to Article Second
(B) , ( including any property disclaimed by the Grantor's wife which
would otherwise have been distributed to her under Article Second
(B) shall be retained IN TRUST upon the following terms and
conditions:
1. To use and apply the net income, and such part or all of
the principal as my Trustees, in their sole and absolute
discretion, deem advisable for the health, support and
maintenance of the Grantor's said wife, Joan M. Cashman, and
children, Jane Cashman, Ellen Sweeney, Patricia Cashman and
Andrew Cashman, or their issue, and said payment of income and
principal may be made equally or unequally and to the exclusion
of any one or more of said beneficiaries as the Trustees, in
their sole and absolute discretion, may determine.
2. The discretionary powers contained in this Article Second
(01 shall be exercised only by a Trustee not beneficially
interested in -the Odelle F. Cashman Trust, it being the
Grantor's intention that the said Joan M. Cashman or the said
Ellen Sweeney shall not possess any powers as Trustee of this
Trust so as to cause any principal of said Trust to be
included, on their deaths, in their respective estates for
Federal or Massachusetts estate tax purposes; or cause any
income of the Trust to be included in their individual income
tax unless the same is a result of a distribution from said
Trust.
3. Upon the death of my said wife, Joan M. Cashman, this Trust
shall terminate and the then remaining principal and interest
of said Trust shall be distributed outright and free of Trust
as follows:
(a) The sum of $140,000.00 shall be distributed to the
Grantor's daughter, Ellen Sweeney, and John C. Oakley, IN
TRUST, however, for the benefit of the Grantor' s daughter,
Jane Cashman, in accordance with the provisions of
subparagraph (f) , below.
(b) The sum of .$140,000.00 shall be distributed to the
Grantor's son, Andrew Cashman, in the event the said Andrew
Cashman dies prior to the date of distribution hereof, this
sum shall go to his issue by right of representation,
subject however, to the provisions of subparagraph (h) ,
below, relating to issue;
(c) one-fourth (1/4) of the remainder to the Grantor's said
daughter, Ellen Sweeney, in the event the said Ellen Sweeney
dies prior to the date of distribution hereof, this sum
shall go to her issue by right of representation, subject,
however, to the provisions of subparagraph (h) , below,
relating to issue.
(d) One-fourth (1/4 ) of the remainder to the Grantor's said
daughter, Patricia Cashman, in the event the said Patricia
Cashman dies prior to the date of distribution hereof, then
in such event this share shall go to her issue by right of
representation, subject however, to the provisions of
subparagraph (h) below, relating to issue;
(e) One-fourth (1/4 ) of the remainder to the Grantor's said
son, Andrew Cashman, in the event the said Andrew Cashman
dies prior to the date of distribution hereof, then in such
event this share shall go to his issue by right of
representation, subject however, to the provisions of
subparagraph (h) below, relating to issue;
(f) One-fourth (1/4) to the Grantor's said daughter, Ellen
Sweeney and the said John C. Oakley, IN TRUST, however, for
the following uses and purposes.
1 . Said Trustees shall pay to or apply for the benefit
of the said Jane Cashman, all or so much of the net
income and principal as said Trustees in their sole and
absolute discretion, shall deem necessary or advisable
for the welfare of the Grantor's said daughter, Jane
Cashman.
2. The said Jane Cashman, shall have no power to
anticipate, alienate or dispose of or encumber any
interest or income hereunder, nor shall the same be
subject to her debts and liabilities, nor subject to
attachment by her creditors.
3. Upon the death of the said Jane Cashman, the
principal and income of this Trust shall be distributed
outright and free of Trust, in equal shares, to the
Grantor's surviving children, namely, Ellen Sweeney,
Patricia Cashman and Andrew Cashman, or to their
surviving issue if deceased, by right of representation,
subject however, to the provisions of subparagraph (h) ,
below, relating to issue.
4. In the event that the said Ellen Sweeney or said John
C. Oakley is unable, unwilling or fails or ceases to
serve as Trustee of the Trust created under this Article
Second 3 ( f) , then the Grantor's said daughter, Patricia
Cashman, is hereby appointed to serve as Trustee or
Successor Trustee and she shall have all the powers,
discretions and immunities herein granted.
(g) In the event that any of the Grantor's said children
shall die prior to the herein date of distribution without
leaving any issue, then said deceased child's share shall go
to the Grantor's surviving children in equal shares or to
the issue of any deceased children by right of
representation, except that the share passing to the said
Ellen Sweeney and John C. Oakley, as Trustees for Jane
Cashman, shall be added to the Trust created in subparagraph
( f) above, and administered as a part, thereof.
(h) in the event that any property may be distributed to
any of the Grantor's grandchildren under the age of
twenty-one (21 ) years, such property shall not be
distributable to said grandchild, but shall be held by the
hereinbefore named Trustees in a separate Trust until said
child reaches the age of twenty-one (21) years, and the
Trustees shall, from time to time, pay to or apply for the
benefit of said child so much of the net income and
principal thereof as the Trustees, in their sole and
absolute discretion, deem advisable for said child's health,
support, maintenance and education; and any net income not
so paid or applied by the Trustees shall be added to
principal . When such child shall reach the age of
twenty-one (21) years, the Trustees shall distribute to said
child the then principal and income of the Trust absolutely
and free of Trust. If said child dies before obtaining the
age of twenty-one (21) years, the Trustee shall distribute
the then principal and income of the Trust to the Executor
or Administrator of such child' s estate, to hold, administer
and distribute said amount as a part thereof.
THIRD: Any distribution of income or principal of any Trust
created hereunder may be made, in whole or in part, directly to a
beneficiary even though said beneficiary is not of full age and
legal capacity; or to the parent of a beneficiary if a minor; or
to any legally appointed guardian or conservator; or to third
persons for the support and benefit of said beneficiary; or to or
for the benefit of any persons for whom the beneficiary is
legally obligated to provide support to the extent of such
obligations; and any such payment made in good faith shall be as
full and complete a discharge as though made directly to a
beneficiary of full age and legal capacity against his or her
receipt.
The payment of any amount to a beneficiary hereunder shall
not be anticipated, alienated or in any other manner assigned by
the person entitled thereto, and shall not be subject to be
reached or applied to satisfy any claim against such person.
FOURTH: In extension, and not in limitation of their other
powers and discretions, I give to the Trustees of any Trust
created herein, during the continuance of such Trust, and also
for a reasonable period following the termination of such Trust,
the following powers:
1. Full power and authority in their uncontrolled
discretion to retain any investments received by them, to
make any investments they deem wise, whether or not
permitted by law, to credit receipts and charge payments to
income or to principal or to both as may seem fair to them,
though not be in accordance with law, and to amortize or
fail to amortize the premiums paid on the purchase of
securities.
2. To sell, mortgage, lease or exchange any real or
personal property of the Trust upon such terms and
conditions as they deem advisable and to make deeds and
transfers thereof without the aid, license or order of any
court, and without liability on the part of any purchaser to
see the application of the proceeds therefrom.
3. To borrow for the purpose of this Trust and to mortgage
or pledge any real estate or personal property as security
for any such loans.
4 . To vote in person or proxy upon all stocks or other
securities held in Trust; to participate in any plan of
reorganization, consolidations and mergers; to exercise all
conversions, subscription, voting and other rights of
whatsoever nature pertaining to the property of the Trust,
and to pay such sums as may be deemed advisable in
connection therewith; to hold any and all securities in
their name or in the name of a nominee without indication
that such securities are held in Trust; to retain and hold,
as long as it deems advisable, in its sole and absolute
discretion, any and all stocks in closely held corporations
owned by the Grantor at the time of his death, and any and
all indebtedness of said closely held corporations owed to
the Grantor at the time of his death, regardless of whether
such asset or assets shall be producing profits or losses
through the ownership thereof.
5. To employ counsel and agents, to delegate to them such
powers as cannot be conveniently or economically exercised
by the Trustees, including specifically power to manage real
estate or the operations of any closely held business in
which the Grantor had an interest at the time of his death,
and to pay as an expense of the Trust to such counsel and
agents, their reasonable compensation, and to incur such
other expenses on behalf of the Trust as may be deemed
proper.
6 . To compromise, without the aid of any court, any and all
claims in favor of or against this Trust upon such terms and
conditions as they, in their uncontrolled discretion, deem
advisable.
7. To pay from the principal of the Trust such amounts as
may be requested by the person or persons administering the
Grantor's estate or the estate of the Grantor's wife, Joan
M. Cashman, for the payment of the Grantor's debts,
administration and funeral expenses, and estate, inheritance
and similar taxes due by reason of the Grantor's death
(whether due with respect to the Trust property or
otherwise) , and the Trustees may rely upon any such request
without determining their accuracy; the payments of these
amounts, or the obligation to pay such amounts, shall not,
however, reduce the amount to be distributed to my said
wife, Joan M. Cashman, pursuant to Article Second (B) of
this Trust.
FIFTH: This Trust shall be interpreted in accordance with the
laws of the Commonwealth of Massachusetts 'and its validity and
administration shall be governed by such laws except with respect
to such assets as are required by law to be governed by the laws
of some other jurisdiction.
SIXTH: Upon the death, resignation or incompetence of the said
Joan M. Cashman, the remaining Trustees shall continue to serve
in such capacity without a Successor Trustee being named; upon
the death, resignation or incompetence of the said Ellen Sweeney
or John C. Oakley as Co-Trustees hereunder, the Grantor's said
daughter, Patricia Cashman, shall be appointed as Successor
Trustee and upon executing a written acceptance of the Trust
hereunder, she shall be and become a duly constituted and acting
Trustee hereunder, and shall have all the powers, discretions and
immunities herein granted.
The term Trustee as used herein shall include any person,
corporation or other entity, acting as my Trustee in accordance
with this instrument.
SEVENTH: The Grantor shall have the right at any time to revoke
or amend this Trust in whole or in part.
IN WITNESS WHEREOF, the said Odelle F. Cashman has hereunto
set his hand and seal as Grantor and the said Joan M. Cashman,
Ellen Sweeney and John C. Oakley have executed this agreement in
acceptance of the Trust hereof, this 21st day of July, in
the year one thousand nine hundred anri�-Ig4ty X
Odle le F. Cashman, Grantor
Jo, n M. Cashman, Trustee
P,
E-Ilen Sweeney, Trustee .!
"'4 C
COMMONWEALTH OF MASSACHUSETTS
Essex, ss.
July 21 1986
Then personally appeared the above-named Odelle F. Cashman.as
Grantor, and acknowledged the foregoing instrument to be.",h i s.7f ee e
act and deed, before me.
i4C. Oakley Not_65r�yj��ubliq"`
m i s i Oakley
s�,
MYvi ommission expires':
March 5, 1993
TRANSFER OF BENEFICIAL INTEREST
We, Joan M. Cashman, Ellen Sweeney and John C. Oakley,
Trustee of Odelle F. Cashman Trust u/d/t dated July 2, 1986, filed
and registered with the records of Registered Land in the Northern
Registry, District of Essex County, Massachusetts, as Document No.
40693, hereby assign, transfer and set over unto Joan M. Cashman
our 100% beneficial interest in Cashman Realty Trust.
WITNESS the hands and seals of the undersigned this 21st day
of November, 1988.
an M. Cashman
Ellen Swee ey
C"
Aobn C. Oakley
Trustees of Cashman Realty Trust:
an M. Cashman, Trustee
Ellen Sweerfey, Trust—�'
EATON&
CHANDLER,P.C.
ATTORNEYS AT LAW
234 ESSEX STREET
LAWRENCE,MA 01640
TELEPHONE(508)685-5123
4o6?T
Quiarfaint 'UePb ,
STATUTE FORM
Odelle F. Cashman
TO
Joan M. Cashman, et alii,
Trustees
r. G.
art de�2 1c Y 9 86
Q'CLO" �_� M t9
at o'clock and minutes rn.
Received and entered with
uE
Deeds
Boob a §?aga t_i'l' I N
Attest:
Register
TUTB�A`N nmm.nuau�ne..un�..o.v..a..w�rn6
FORM 281 REv.6/81
EATON & CHANDLER. P.C.
ATTORNEYS AT LAW
234 ESSEX STREET
LAWRENCE,MASSACHUSETTS 01840
I, Odelle F. Cashman
of North Andover, Essex County,Massachusetts
in consideration of One ($1.00) Dollar and other good and valuable
consideration, paid
grant to Joan M. Cashman, Ellen Sweeney and John C. Oakley, Trustees
of the Odelle F. Cashman Trust of July 21, 1986, under a Declaration
of Trust dated July 21, 1986 and registered herewith
with quitrinim ubenttn#s
That certain parcel of land situate in North Andover in the
County of Essex and said Commonwealth, bounded and described as
follows: ;
Northeasterly by Winter Street four hundred eighty-five and U
47/100 (485.47) feet;
Southeasterly one hundred thirty-four and 42/100 (134.42)
feet, and b
Northeasterly one hundred seventy-five and 63/100 (175.63)
feet by land now or formerly of Barrett F. Robinson et a] ;
o Southeasterly by land now or formerly of Robert F. Carleton et
al and Eileen T. Carleton et al five hundred sixteen and
�- 11/100 (516.11) feet;
Northeasterly by land now or formerly of Eileen T. Carleton et r,
1 al two hundred fifteen and 52/100 (215.52) feet; oB.
Southwesterly by lot two (2) as shown on plan hereinafter men-
tioned five hundred forty-nine and 30/100 (549.30) feet;
Northwesterly by Dale Street seven hundred fifty (750) feet;
3 Northeasterly one hundred four and 47/100 (104.47) feet;
�o
Northwesterly in two courses two hundred fifty-seven and
30/100 (257.30) feet, and one hundred fifty-six and 3
33/100 (156.33) feet by lot six (6) on said plan.
All of said boundaries are determined by the Court to be located
i as shown on Plan No. 40905C, drawn by Charles C. Martin Associates ,
Z Surveyors, dated August 28, 1984 , filed in the Land Registration Office ,
6 a copy of a portion of which is filed with Certificate of Title No.
9576b, Book 66 , Page 309, and being designated as lot seven (7) thereon,
w
So much of the above described land as is included within the
areas marked "Slope Easement" approximately shown on said plan, is
subject to the slope easement as set forth in a taking by the County
commissioners of Essex County dated May 14, 1957 , duly recorded in
Book 855 , Page 333 .
The above described land is subject to the flow of natural water-
courses running through the same and shown on said plan as Brooks.
Being the same premises -title to which is registered in my name
in the Registered Land Section of the North Essex District Registry
of Deeds in Certificate of Title No. 9576.
Essex ss, July 21, 1986
Then personally appeared the above named Odelle F. Cashman
and acknowledged the foregoing instrument to be hi free acts and deed,�^i
Before me, . (( � r J�
John C. Oakley Notary Public
)(W*zfJ54*)fkacex
My commission expires March 5, 1993
.Executed as a sealed instrument this 21st day of July 1986
�:c4Lf1Gtj1L.= Odelle F. Cashman
` 4r ( ummunhtettlth of ttssttrlluse##s
Essex M July 21, 1986
Then personally appeared the above named Odelle F. Cashman
and acknowledged the foregoing instrument to be hi free acts anddtieed,
Before me, - ..(-- _ L(
John C. Oakley Notary Public
�l�e+:�zx ttf�aht'ad9t�x
My commission expires March 5, 1993
8
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I N
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(ALL UPLAND) OF 101-7.
Qa
NOT,
5E ADVISED THAT THIS PLAN 15 DEEMED
APPROVED DUE TO THE NORTH ANDOVER
PLANNING BOARD'S FAILURE 10 1.111Y
THE ArPLI CANT AND THE Tc—CLERK
WITHIN FOURTEEN Lt43 DAYS OF THE-
ss
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L~ NOT REqUIREO.
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ENTI CAR111 TIFT ON 71�. DATE:
-------
OF GRO DAY?6"DIESAMEN—SATTHVT1A1E
OF THE ORIGINAL SURVEY MITI THE EXCEPT'/ON
THAT PERIMETER MONUMENTS HAVE BEEN
LABELLED(11C)OR V,/Ol-FNn) g5'-
REG.�A—SLIRVEYOR ICCRTIFYTHA THIS
ACTUAL
5U"?VEY,—S in
MADE 01 THE GQ.1110 11—CORDAICE WITH 7-PomAs E.AlEvE AssoclATes,INC.
TH.LAND 2p, .1-11 ON OR
8,ErWEEN AP9 ENGIDCEGg9uRvayDRs-LAND USE PL ANNERS
-A 44 7 OLD snz ROAD-Li a F? ..
DATE MAY I lVil Topsrl—p, MASSAC"LOCTT5-01985
'.Z `Erm,.-cR D GLL F CASH-Al
SUBDIVISION PLAN OF LAND IN NORTH ANDOVER
V,9D
Thomas E. Neve AssociateS, Inc., Surveyors
May 1, 1987
ob/
1 Ss„ �•,.,,
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P/an Na 40905g Carl. No.-0349
LP.
Subdivision of Lot 7
Shown on Plan 40905-C
Filed with Cert. of Title No. 9575
North Registry District of Essex County
Separate certificates of title may be issued for land Abutters are shown as
on original decree plan.
shown hereon as Lots 8 thsQU-q 16 ___-__ __ Copy of part of plan
By the Court. filed in
LAND REGISTRATION OFFICE
kJUNE 10, 1988
JUNE 10,19 - Re r�r. Scale of this plan 120 feet to an inch
Louis A. Moore, Engineer far Court
ne
Nov
'9
9
TOWN OF NORTH ANDOVER
1987 ANNUAL TOWN MEETING WARRANT
in the name of the Commonwealth of Massachusetts, and in
compliance with Chapter 39 of the General Laws,' and as recently,amended .' `
by Chapter 8, Section '9A of the Acts of' 1974 and our .North Andover .Town
Bylaws,. Chapter 2, Section 2.41 and the Town' of North Andover-. :Charter,'
' Chapter 2,; Section 3, the. , inhabitants of :the 'Town of. North Andover
qualified to vote in`Town affairs shall meet. in the
of our on Monday, May 4, 19871.at ..7:,00 'p.m.,. .:
andsthen =.and there act.:upon .the following articles: 6- 01-11r:5
ANNUAL TOWN `ELECTIONS:
Art icle : .1. .,.ANNUAL: TOWN_-ELECTIONS. The electian`of.:the Town
pf ficers aippearing on. the ballot"have°already. been'.,acted: ,'upon at. :the,.
Annual; Town.:Election• on Narch 2, -1987.:
,
Petition of .the Selectmen
Article. 2.. ELECTION OF.;OFF'ICERS NOT -ON'BALLOT., To •elect all-. Town
Officers not`..required by law to be elected':by.ballot:
VOTED UNANI6SOUS.TO ADOPT 'Petition:of the; Selectmen:•'
TOWN FINANCES
j f
Article 3�: REPORT`. OF,''•RECEIPTS;AND .EXPENAITURES: To :see..if the
Town, will vote .to accept -the'.reports,. of ;receipts and '.expenditures as 4
presented. by:the :Selectmen.. (in the :1986',Annual Town.:Report').: • ' ,:. : :'.
NOTED UtJAM0US TO ADOPT
Petitionof 'the'.Selectmeri av
tide.: 9. `COMPENSATION'OFJ,ELECTED .OFFICIALS. To:,:;see.If".the Town ;
will ,vote to fix the_ salary. and 'compensation,:'of .the elected,,.officers;;-of
-,Town , as' provided._.by, Section•�108 of`;Chapter 41 '.of`. the: General.;L'aws'.
.VOTEb••iJNANIMOUS:.TO.A)OPT Petition of:.the.,Selectmen,,
:That. .the Town vote to'.fix the followiag,:.sa•la`ri'es
' I RECQI+IK=ATION:: ' ' ,
:effective {from July 1.,;'i9.8,7: ;
y'F
oard.:of Selectneri1Licerisi�n :Commissioners;- each per `annum 52;000 ..Y1.
.B g' '300•
Chairman, Board.of+ Selectmen,,.per annum J`
Moderator .. . .:
For each regular; Town.Meeting 100
For each Special. Town Meeting 50.
VOTED UIVATJ:[MOUS.•TO =Pfi. ' v 7
., }
121
Z
ARTICLES OF THE BALANCED GROWTH POLICY STEPRING COMMITTEE
Article B. AMENDMENT TO THE DIMENSIONAL REQUIREMENTS OF THE R-1
ZONE. To see if the Town will vote to amend the Zoning Bylaw as
follows:
In Table 2 (Summary Of Dimensional Requirements) under the column
entitled R-1, Substitute the number 87,120 for the number 65,340 as it
pertains to "Lot Area Minimum SF".
VOTED TO ADOPT THE ARTICLE. Petition Of the Selectmen's
YES T4T No 119 Steering Committee for a Balanced
Growth Policy plan
EXPLANATION: The
purpose Of this article is to amend the minimum lot
size in the R-2 district from 1.5 acres to 2.0 acres.
Article 9. REZONINI" OF CERTAIN R-2 AREAS TO R-1. To see if the
T.--.-*m will vote to amend the existing zoning Map such that all
F'roperties within the area designated as the Lake Cochichewick
Watershed that are currently zoned R 2, and those areas presently zoned
Residential 2 (R 2) south Of the current Lake Cochichewick Watershed
boundary and east of the Eastern Massachusetts Electric Conmzany right
of way up to the Towr boundary with Middleton would be rezoned 'as
Residential I (R 1), as shown, on the nap entitled Psop-
North K-jd-V-- sed Zoning Map,
VOTED
YEs 649 NO 224 Petition of the Selectmen.'.
SZe-arina Committee for a
Growth Policy Plan
EXPU-KATION: The purpose of this article is to rezorie from one (1) acre
to two (2) acre minimun. lot size areas in the Lake Cochichewick
Wate=shed and in the southeast sector, as described above.
Article 10. PLANNED RESIDENTIAL DEVELOPMENT. To see if the Town
Meeting will vote to amend the Zoning Bylaw as follows:
Add a new section, Section 8.5 Planned Residential Develop.-nent
(PRD) .
Section- 8 .5 Planned Residential Development (PRD)
1. Purtiases_:
a. To promote the more efficient use of land in harmony with its
natural features;
b. to encourage the preservation of open space;
C. to protect waterbodles and supplies, wetlands, floodplains,
agricultural lands, wildlife, and other natural resources;
d. to permit greater flexibility and more attractive, efficient,
17.
10
- 4s4-4
DOCUMENT No._ �
ESSEX iiEC,OF E!'EDS 1
JuN 21 3 03 09 9B
R D E D �c�g&
'7 r
10
TED ON CtrtTirf,;A,_NO.
$Q ji3 Q! '.iitC_I «8�` Ld R£GlSIR,�itON$GOrt.I ,4AGE :i
- _ .. .. - '. -. �CCc18L,� O i�,tss.s•.°t;*c -
MKS Ati�Ndu � ,
.00
We, Joan M. Cashman, Ellen Sweeney and John C. Oakley, Trustees of the
odelle F. Cashman Trust u/d/t dated July 21, 1986 filed and registered
with the Records of Registered Land in the Northern Registry District of
Essex County, Massachusetts as Document No. 40693, in consideration of
One ($1.00) Dollar and other good and valuable consideration paid, grant
to Ellen Sweeney, of 907 Dale Street, North Andover, Massachusetts 01845
with QUITCLAIM covenants, a certain parcel of land as situate in North
Andover, Essex County, Massachusetts bounded and described as follows:
NORTHWESTERLY: by Dale Street in two courses, 96.03 feet and
53.97 feet;
NORTHEASTERLY: by Lot#ll, 103.39 feet;
NORTHERLY: by said Lot#ll, 210.00 feet;
NORTHEASTERLY: by said Lotfll, and by a stone wall and land of
Stephen D. & Eileen T. Carleton in two courses,
111.48 feet and 45.52 feet;
SOUTHERLY: by Lot#9, 242.36 feet;
SOUTHWESTERLY: by said Lot#9, 104.00 feet; and
SOUTHERLY: by said Lot#9, 93.00 feet.
All of said boundaries are determined by the Court to be located as
shown on Plan No. 40905D, drawn by Thomas E. Neve Associates, Inc.
Engineers, Surveyors, Land Use Planners, dated May 1, 1987, revised
April 18, 1988, as modified and approved by the Court, filed in the Land
Registration office, and being designated as Lot#10 thereon.
Said premises are conveyed together with the right of the grantee, her
heirs, executors, administrators and assigns to pass and re-pass, by
foot or by farming or gardening equipment, over the two areas designated
on said plan as "EASEMENT FOR PASSAGE (201 WIDE)" . Said easements shall
provide said grantee, her heirs, executors, administrators and assigns
with a right of access to and from the herein Lot#10 to Lot#13 and from
the herein Lot#10 to Lot#16.
Said premises are also conveyed subject to the rights of the owners of
Lot#8 and Lot#9, their heirs, administrators, executors, successors and
assigns to pass and re-pass, by foot or by farming or gardening
equipment, over the area situated along the easterly portion of said
premises and designated on said plan as "EASEMENT FOR PASSAGE (201
WIDE)*. Said easement shall provide said owners their heirs,
administrators, executors, successors and assigns with a right of access
to and from their respective lots to Lot#16.
Being a portion of the premises title to which is registered in our
names as Trustees in the Registered Land Section of the North Essex
District Registry of Deeds as Certificate of Title No. 10031. &Ak 71
PAC-,
Executed as a sealed instrument this day of June, 1988.
LAND CDLJRT, BOSTON, The land
herein dscribed will be shown on an M. Ca as man, Trustee
US L'111�1'�f""I P13r to follow as P
J
AIN 198E Ellen Swe6ney, Trus e
4c)qo, 10 —C' g�4-
o TO 0NL'1) ohn C. Oakley&Trustee
Vo PC-s.
&LAe TIM e C serne'%Js C-"i I be- COMMONWEALTH OF MASSACHUSETTS
51v—a e.) o- app,,eJ ela,'-
Essex, SS June 1988
Then personally appeared the above named Joan M. Cashman, Ellen Sweeney
and John C. Oakley as Trustees aforesaid and acknowledged the foregoing
instrument to be their free act and deed, before me
My Commission Expires:
e* nNo�4ry
Public
*AeA- 4, Aic '*
I I
OV
DECLARATION OF TRUST
Cashman Realty Trust
We Joan M. Cashman and Ellen Sweeney, both of North
Andover, Essex County, Massachusetts hereby declare that we and
our successors in trust will hold title to the real property to
be conveyed to us herewith or hereafter and any and all other
property, real , personal or mixed, tangible or intangible, that
may be transferred to us as Trustees hereunder (the "Trust
Property" ) , in trust for the sale benefit of the Beneficiary
hereunder upon the terms herein set forth.
FIRST: This Trust shall be known as the "Cashman
Realty Trust" . The terms "Trustee" and "Trustees" and all
pronouns referring to the Trustee or Trustees wherever used
herein shall refer to the person or persons acting as Trustee or
Trustees from time to time hereunder; also the terms Beneficiary
and Beneficiaries and all pronouns referring to the Beneficiary
or Beneficiaries wherever used herein shall refer to the person
or persons acting as Beneficiary or Beneficiaries from time to
time hereunder;
SECOND: The original Beneficiary of this Trust is
listed as Beneficiary in the Schedule of Beneificial Interests
this day executed by the Beneficiary and the Trustees and filed
with the Trustees, and the interests of the Beneficiary are as
stated therein. No assignment or transfer of any beneficial
interest may be made without the consent of the Trustees and of
the Beneficiary hereunder.
THIRD: When, as, if and only to the extent
specifically directed by the Beneficiary, the Trustees shall , in
accordance with such directions, have full power and authority to
do the following:
(a) To retain the Trust Property, or any part or parts
thereof, in the same form or forms in which received
or acquired by the Trustees;
(b) To sell, assign, convey, transfer, mortgage, exchange,
and otherwise deal with or dispose of, the Trust
Property, or any part or parts thereof, at public or
private sale, to any person or persons, for cash or on
credit, and in such manner, on such terms and for such
considerations and subject to such restrictions,
stipulations, agreements and reservations, if any, as
EATON& shall have been so specified by the Beneficiary or
CHANDLER.P.C. Beneficiaries hereof, including the power to take back
ATTORNEYS AT LAW mortgages to secure the whole or any part of the
234 ESSEX STREET purchase price of any of the Trust Property sold or
LAWRENCE,MA 01840 transferred by the Trustees, and to execute and
deliver any deed or other instrument in connection
'TELEPHONE(617)685-SI23 with the foregoing;
(C) To purchase or otherwise acquire title to, and to
rent, lease or hire from others for terms which may
extend beyond the termination of this Trust any
property or rights to property, real or personal, and
to own and hold such property and such rights;
(d) To borrow or in any other manner raise such sum or
sums of money or other property and to evidence the
same by notes or other evidences of indebtedness,
which may mature at a time or times, even beyond the
possible duration of this Trust, to execute and
deliver any mortgage, pledge, or other instrument to
secure any such borrowing and to make immediate
payment to beneficial owners of mortgage loan
proceeds;
(e) To enter into any arrangement for the ownership,
management, use or occupation of the Trust Property,
or any part or parts thereof, and to perform all acts
and obligations in connection with any such
arrangement, including, without thereby limiting the
generality of the foregoing, management contracts,
limited and general partnership agreements, leases,
subleases, easements, licenses, or concessions, even
if the same extend beyond the possible duration of
this Trust; and
(f) To invest and reinvest the Trust Property, or any part
or parts thereof, and from time to time to change
investments, including investing in all types of
securities and other property, of whatsoever nature
and however denominated, even though such property or
such investment shall be of a character or in an
amount not customarily considered property for the
investment of trust funds or which does or may not
produce income.
PROVIDED ALWAYS, that the Trustees shall have no power or
authority, by virtue of any provision anywhere in this instrument
contained or otherwise, to maintain a bank account, collect or
receive rent or other payments, make disbursements or pay bills,
distribute income or other property, maintain books, own other
assets other than as a nominee, or to engage in any activity
which would subject this Trust to income taxation; it being
hereby expressly provided that any provision anywhere in this
instrument contained which may be construed as contrary to this
EATON& clause shall be null and void and of no effect.
CHANDLER.P.C.
ATTORNEYS AT LAW
234 ESSEX STREET
LAWRENCE.MA 01840
TELEPHONE(6171685-5123
FOURTH: Notwithstanding the provisions of Article
THIRD every instrument executed by a person appearing from the
records of the North Essex District Registry of Deeds
(hereinafter referred to as "Registry" ) to be a Trustee hereunder
shall be conclusive evidence in favor of every person relying
thereon or claiming thereunder that at the time of the execution
or delivery thereof this Trust was in full force and effect and
that the Trustee executing and delivering such instrument was
duly authorized, empowered and directed by the Beneficiary to
execute and deliver the same, and that, subject to Article FIFTH
hereof, such instrument is valid, binding, effective and legally
enforceable. Any person dealing with the Trust Property or the
Trustees may rely on a certificate signed by any person appearing
from the records of the Registry to be a Trustee hereunder as to
who are the Trustees or who are the Beneficiaries hereunder , or
as to the existence or non-existence of any fact or facts which
are in any other manner germane to the affairs of this Trust.
FIFTH: Any action taken by a Trustee, including the
execution of partnership agreements, deeds, mortgages, leases, or
other instruments conveying or pertaining to the Trust Property
or any part or parts thereof or interests therein, but excluding
the execution of (i ) amendments- of this instrument or removals or
appointments of Trustees pursuant to Article NINTH, and (ii )
terminations under Article TENTH, may be taken and all
instruments, other than the foregoing, whether or not under seal,
may be executed on behalf of the Trust by any one Trustee or by
such agent as shall be authorized by a written certificate or
power of attorney signed by all of the Trustees.
SIXTH: No purchaser , transferee, pledgee, mortgagee
or other lender shall be under any responsibility or liability to
see to the application of any purchase money, or of any money
loaned, or property loaned or delivered to a Trustee, or to see
that the terms and conditions of this Trust have been complied
with or performed.
SEVENTH: The Trustees shall not be held to any
personal liability whatsoever , whether in tort, in contract, for
error of judgment, or for loss arising out of any act or omission
in the execution of this Trust, so long as they act in good
faith, except that they shall be responsible for their own
willful breach of trust, knowingly and intentionally committed.
The Trustees shall not be required to take any action directed 'by
the Beneficiary which will, in the opinion of the Trustees,
involve them in any personal liability unless first indemnified
to the satisfaction of the Trustees . No Trustee shall be liable
EATON& for any act or omission by any other Trustee. No court approval
CHANDLER,P.C. or license shall be requisite to the validity of any transaction
ATTORNEYS AT LAW entered into by the Trustees, and the Trustees shall not be
234 ESSEX STREET required to give any bond, or , if bond is required by law, the
LAWRENCE.MA 01840 Trustees shall not be required to give surety thereon.
TELEPHONE 1617)685-5123
EIGHTH: The Trustees shall have no power to bind the
Benefi'clary personally, and, in every contract that they shall
enter into, reference shall be made to this Declaration of Trust,
and the person, firm or corporation so contracting with the
Trustees shall look only to the Trust Property for payment under
such contract or for payment of any debt, damage, judgment or
decree or of any money which may otherwise become due and payable
by reason of a failure on the part of the Trustees to perform
such contract in whole or in part, and neither the Trustees nor
the Beneficiary, present or future, shall be personally liable
therefor.
NINTH: This instrument may be amended at any time by
a written instrument signed by all of the Beneficiaries and all
of the Trustees and acknowledged by one or more of them; any
Trustee hereunder may resign by a written instrument signed and
acknowledged by him; and suceeding or additional Trustees may be
appointed by a written instrument signed by all of the
Beneficiaries and acknowledged by one or more of them; provided
that the Trustee or Trustees appointed shall accept such office
by a written instrument signed and acknowledged by $iim. Upon the
appointment of any succeeding or additional Trustee or Trustees,
the title to the Trust Property shall thereupon and without the
necessity of any conveyance be vested in said succeeding or
additional Trustee or Trustees, jointly with the remaining
Trustee or Trustees, if any. Each succeeding and additional
Trustee shall have all the rights, powers, authorities,
privileges and duties as if named as an original Trustee
hereunder.
TENTH: This Trust may be terminated at any time by
the Beneficiary by a notice in writing to the Trustees, or by the
Trustees by notice in writing to the Beneficiary, and this Trust
shall terminate upon the disposition by the Trustees of their
entire interest in the Trust Property or twenty years after the
last death of the original individual Trustees named herein,
whichever shall first occur . In case of any such termination,
the Trustees shall continue to have and may exercise all the
rights, powers, authorities, privileges and duties conferred by
this instrument upon the Trustees, for the full duration of such
period (not exceeding two years from the date of termination,
however) as the Trustees in their sole discretion determine to be
necessary for winding up the affairs of this Trust. Upon the
conclusion of any winding up of the affairs of this Trust which
the Trustees may deem necessary, the Trustees shall transfer and
convey the Trust Property then remaining in their hands, subject
to any leases, mortgages, contracts or other encumbrances
EATON& thereon, to the Beneficiary provided that the Trustees shall not
CHANDLER,P.C. be required to transfer and convey the Trust Property unless
ATTORNEYS AT LAW first indemnified to the satisfaction of the Trustees against any
234 ESSEX STREET personal liability.
LAWRENCE.MA 01840
TELEPHONE(617)685-5123 -4-.
ELEVENTH: Notwithstanding any other provisions of this
instrument, no amendment or termination of this Trust or
resignation, removal, appointment or acceptance of a Trustee
shall become effective with respect to any real property in which
this Trust has an interest, except with respect to persons having
actual knowledge thereof, until such instrument of amendment,
termination, resignation, removal, appointment or acceptance, or
a certificate thereof by a Trustee certifying that such
amendment, termination, resignation, removal, appointment or
acceptance was duly made in accordance with the terms of this
instrument or any amendment hereof, has been duly recorded with
the Registry for the county in which said real property is
located. This instrument shall be governed and construed in
accordance with the laws of the Commonwealth of Massachusetts .
WITNESS the execution hereof as sealed instrument by the
Trustees herein named as of this 21st day Of November
1 8.
2,1
C 6"V"
ness V t9an M. Cashman
Ellen Swe ney
COMMONWEALTH OF MASSACHUSETTS
Essex, SS. November 21, 1988
Then personally appeared the above-named Joan M. Cashman
and Ellen Sweeney and acknowledged the foregoing instrument to be
their free act and deed as Trustees aforesaid, before me,
My Commission Expires: _-*r-bara A�, BX_o&
.-February 241- 1995 yotary Public
EATON&
CHANDLER,P.C.
ATTORNEYS AT LAW
234 ESSEX STREET
LAWRENCE.MA 01840
TELEPHONE 1617)685-5123
SCHEDULE OF BENEFICIAL INTERESTS
Joan M. Cashman, Ellen Sweeney and John C. Oakley, Trustees
of the Odelle F. Cashman Trust u/d/t dated July 21, 1986, filed
and registered with the Records of Registered Land in the
Northern Registry District of Essex County, Massachusetts as-
Document No. 40693; a one hundred (100%) percent beneficial
interest.
Cashman, Trustee as aforesaid
is
E-2
Ellen Sweeney, Trustee as/aforesaid
6A
ji An 4C. ' Oakley, T u tee as aforesaid
Trustees of Cashman Realty Trust:
o4an M. Cashman, Trustee
Zd
E len SweenQY, Trustee 7
EATON&
CHANDLER,P.C.
ATTORNEYS AT LAW
234 ESSEX STREET
LAWRENCE.MA 01840
TELEPHONE(617)685-SI23
12
J
t �{ I
7 t
YA
i
We, Joan M. Cashman, Ellen Sweeney and John C. Oakley,
Trustees of the Odelle F. Cashman Trust u/d/t dated July 21, 1986
filed and registered with the Records of Registered Land in the
Northern Registry District Of Essex County, Massachusetts as
Document No. 40693, in consideration of One ($1.00) Dollar and
other good and valuable consideration paid, grant to Joan M.
Cashman and Ellen Sweeney, Trustees of The Cashman Realty Trust
u/d/t dated November 21, 1988 filed and registered with the
Records of Registered Land in the Northern Registry District of
Essex County, Massachusetts as Document No. ,)�VC-3, with QUITCLAIM
covenants, three (3) certain parcels of land situate in North
Andover, Essex County, Massachusetts bounded and described as
follows:
Parcel No. 1:
Northwesterly: by Dale Street in two courses, 82.67 feet
and 67.33 feet;
0 Northeasterly: by Lot #10 in two courses, 93.00 feet and
104.00 feet;
Northerly: by said Lot #10, 242.36 feet and 29.04
feet;
Northeasterly: by a stone wall and land of Stephen D. &
Eileen T. Carleton in two courses, 77.36
�4
4-) feet and 92.64 feet;
U)
Southerly: by land of John L. & Lucille T. Doerr,
103.30 feet;
Northwesterly: by Lot #8, 32.96 feet; and
Southerly: by said Lot #8 in two courses, 242.23
�4
4.1
U) feet and 232.31 feet.
All of said boundaries are determined by the Court to be
located as shown on Plan No. 40905D, drawn by Thomas E. Neve
Associates, Inc. , Engineers, Surveyors, Land Use Planners, dated
May 1, 1987, revised April 18, 1988, as modified and approved by
the Court, filed in the Land Registration office, and being
designated as Lot #9 thereon.
aSaid premises are conveyed together with the right of the
q
4-4\,J Grantee, their successors and assigns to pass and re-pass, by
0111j foot over the area located on the Easterly portion of said Lot
and designated on said plan as "EASEMENT FOR PASSAGE (211
WIDE)' . Said easement shall provide said Grantee, their
successors and assigns with a right of access to and from the
Z� herein Lot #9 to Lot #16.
Parcel No. 2:
Northwesterly: by Dale Street in two courses, 81.74 feet
and 68.26 feet;
Northeasterly: by Lot #6 and Lot #13 243.00 feet;
Southeasterly: by Lot #16, 232.64 feet; and
Southwesterly: by Lot #11, in two courses, 65.00 feet
and 204.23 feet.
All of said boundaries are determined by the Court to be
located as shown on Plan No. 40905D, drawn by Thomas E. Neve
Associates, Inc. , Engineers, Surveyors, Land Use Planners, dated
May 1, 1987, revised April 18, 1988, as modified and approved by
the Court, filed in the Land Registration office, and being
designated as Lot #12 thereon.
II
Parcel No. 3:
Northeasterly: by Winter Street in two courses, 76.20
feet and 73.80 feet;
Southeasterly: by Lot #15 in two courses, 175.00 feet
and 157.64 feet;
Southerly: by Lot #16, 156.00 feet; and
Northwesterly: by Lot #13, in two courses, 185.65 feet
and 163.00 feet.
All of said boundaries are determined by the Court to be
located as shown on Plan No. 40905D, drawn by Thomas E. Neve
Associates, Inc. , Engineers, Surveyors, Land Use Planners, dated
May 1, 1987, revised April 18, 1988, as modified and approved by
the Court, filed in the Land Registration Office, and being
designated as Lot #14 thereon.
Said Lot #9, Lot #10 and Lot #14 are a portion of the
premises title to which is registered in our names as Trustees in
the Registered Land Section of the North Essex District Registry
of Deeds as Certificate of Title No. 10031.
Executed as a sealed instrument this 21st day of November
1988.
/4ban M. Cashman, Trustee
17,U at'tz4'1'U"�-
Ellen SweerYey, Trustee
/J,A)hn C. Oakley, Ttustee
/ 17
COMMONWEALTH OF MASSACHUSETTS
Essex, SS. November 21, 1988
Then personally appeared the above named Joan M. Cashman
Ellen Sweeney and John C. Oakley as Trustees aforesaid and
acknowledged the foregoing instrument be their free act and
deed, before me.
My Commission Expires: Notary Public
i-oq0
SPio I lIa
ow
OCT
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Dj�,CFIPT,ION ONLY)
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lochs A, 'Wore, ineer
13
Unofficial Property Record Card -North Andover, MA
General Property Data
Parcel ID 104.C-0154-0000.0 Account Number M_235266_938023
Prior Parcel ID
Property Owner CASHMAN,ELLEN Property Location 849 DALE STREET NORTH ANDOVER
Property Use ONE FAM
Mailing Address 849 DALE STREET Most Recent Sale Date 11/21/2001
Legal Reference DOC 76622
City NORTH ANDOVER Grantor CASHMAN,ELLEN
Mailing State MA Zip 01845 Sale Price 1
ParcelZoning R1 Land Area 1.050 acres
Current Property Assessment
Card 1 Value Building Value 402,600 Xtra Features Value 0 Land Value 331,600 Total Value 734,200
Building Description
Building Style CAPE Foundation Type CONCRETE Flooring Type HARDWOOD
#of Living Units 1 Frame Type 1 Basement Floor N/A
Year Built 1988 Roof Structure GABLE Heating Type FORCED H/A
Building Grade AVERAGE+ Roof Cover ASPHALT Heating Fuel OIL
Building Condition N/A Siding CLAPBOARD Air Conditioning 100
Finished Area(SF)2655 Interior Walls TYPICAL #of Bsmt Garages 0
Number Rooms 6 #of Bedrooms 3 #of Full Baths 3
#of 314 Baths 0 #of 112 Baths 1 #of Other Fixtures 0
Legal Description
Narrative Description of Property
This propertv contains 1.050 acres of land mainly classified as ONE FAM with a(n)CAPE style building,built about 1988,havinq CLAPBOARD exterior and ASPHALT roof cover,with 0 commercial unit(s)and 1 residential unit(s),6 room(s),3 bedroom(s),3 bath(s),1 half bath(sh
Property Images
849 L 10 DALE STREET
Disclaimer:This information is believed to be correct but is subject to change and is not warranteed.
I I
DOCUMENT NO, 50?a7
Ps �,cr
I 45 PH#91
�1;
| � �
4_1 �`
We, Joan M. Cashman, oIIeo Sweeney and John C. Oakley, Trustees
� of the Vuelle F. Cashman Trust o/d/t dated July 21, 1986 tiled and
' registered with the Records of Registered Land in the Northern
Registry oiatciot of Essex County, Massachusetts as Document No.
" 40693, in consideration of Ninety-Four Thousand and 00/100
C" ($94°000,00) Dollars paid, grant to «obu Deylumeci and Rosemary A.
Decluoezi" husband and wife, both of Lot 8, Dale Street, North
Ln +^ Andover, Massachusetts, as tenants by the entirety, with QUITCLAIM
covEmumTG, a certain parcel of land as situate in North Andover, Essex
- _} County, Massachusetts bounded and described as follows:
WESTERLY by Dale Street 150 feet;
� NORTHEASTERLY by Lot #9 in two courses, %�% 3l feet and
o .
_~ 220.00 feet/
, SOUTHEASTERLY by said Lot 09, 32.96 feet; and
0m ,.
SOUTHERLY by land of John L. a Lucille T. Doerr, 446.00
feet,
All of said boundaries are determined by the Court to be located
v` as shown on Plan No. 4O9O5o, drawn b� Thomas E. meve
Associates, Inc.^
Engineers, Surveyors, Land Use Planners, dated may 1, 1987, revised
1� April 18, 1988, as modified and approved by the Court, tiled in the
Laud Registration Office, and being designated as Lot #8 thereon.
-^� Said premises are conveyed together with the right of the
grantees, their heirs, executors, administrators and assigns to Daaa
and re-pass, by foot or by farming or gardening equipment, over the
area designated on said au as "EASEMENT FOR eAoGaGo (20 WIDE)" .
Said easement shall provide said grantees, their heirs, executors,
administrators and assigns with a right of access to and from the
herein Lot #O to Lot #I6.
Being a portion of the premises title to vbiob is-reg±ate'ced in
our names as Trustees in the Registered Laud Section of the North
oaaeo District Registry of Deeds as Certificate of Title No. 10031 in
Book 71, gage 129,
Executed as a sealed instrument this �* day of March"
I991, ----------
Pan M. Cashman, Trustee
= Ellen Sweefney, -- ee
zz
`//
CommOmWouLzo OF MAGSacHVSEzrS
oaaex
, as. March 15-, 199I
Then personally appeared the above named Joan M. Cashman, Ellen
Sweeney and John C. Oakley as Trustees aforesaid and acknowledged the
foregoing instrument to be their free act and deed, before me,
L.ANU COURT, BOSU] . Dm land
herein described will be shown on A14't4__ ar�
our approved r,!,.n as / Notary Public
My Commission Expires:
MAR 12 1991
Location Tr2CI� r
'e'
No. Date j +
�0U. TOWN OF NORTH ANDOVER
toCertificate of occupancy $ �:O_
r
IL
Building/Frame Permit Fee $
•wrf I,
I� itiRw[:��•
�sscru��� Foundation Permit Fee $
4 other Permit Fee $
BY action Fees ""
r
P , fl
t 2 5 pr onnection Fee $ /i--
TOTAL $ c
Voe Andove r
(011ecior
Building Inspector
Div. Public Works
Location
No. Date ' 1
41kll
"i° Th , TOWN OF NORTH ANDOVER
6
0
certificate of occupancy $
uilding/Frame Permit Fee $ 9"'15
s C Foundation Permit Fee $
f.� Other Permit Fee $
r , Sewer connection Fee $
ater connection Fee $
* i
�.i arr
I� Building in
Div. Public Works
P,vclm NV.
APPLICATION FOR PERMIT TO BUILD — NORTH ANDOVER, MASS. PAGE 1�L /����?�
MAP KK. O.� LOT NO. 2 RECORD OF OWNERSHIP DDATE BOOK PAGE —
ZONE �/ I SUB DIV. LOT NO.
LOCATION$�s-� �f PURPOSE OF BUILDING 51 N(xLC Y 1 I-MQ_
OWNER'S NAME '=o -�ilasEM"c �EF�urll�'I�.R� NO. OF STORIES 2 SIZE T��/�Q �'�TG/S?j4L
OWNER'S ADDRESS 'Dc ��D 5T / j4ELMSRIp'1 #4 BASEMENT OR SLAB sp6�cNVT L�(.F
ARCHITECT'S NAME ait.1�.. JIB a� KJ I'1 SIZE OF FLOOR TIMBERS 1ST IV)C)
•V)O 2ND Zx'O 3RD
BUILDER'S NAME vl�, 4J 4- Q"A�J Qtj ILO f�5 SPAN
v 1`300 �b
DISTANCE TO NEAREST BUILDING + 00 7J i• DIMENSIONS OF SILLS
x.6 ---
DISTANCE FROM STREET Q SJ 3�L l lay POSTS
DISTANCE FROM LOT LINES—SIDES 31 +,31 REAR f,-' 3010 Q " 1Z " GIRDERS
AREA OF LOT yyo 9S FRONTAGE /$b- HEIGHT OF FOUNDATION THICKNESS
IS BUILDING NEW YES Jf/ SIZE OF FOOTING X /D/1
IS BUILDING ADDITION NO MATERIAL OF CHIMNEY
IS BUILDING ALTERATION No IS BUILDING ON SOLID OR FILLED LAND `ID
WILL BUILDING CONFORM TO REQUIREMENTS OF CODE YES IS BUILDING CONNECTED TO TOWN WATER NO
BOARD OF APPEALS ACTION. IF ANY Nome IS BUILDING CONNECTED TO TOWN SEWER 0
Ir IS BUILDING CONNECTED TO NATURAL GAS LINE
NO
INSTRUCTIONS 3 PROPERTY INFORMATION
LAND COST Yj Q
SEE BOTH SIDES PERMIT FOR FOUNDATION ONLY
Ax `/�
EST. BLDG. COST /S '� goPAGE 1 FILL OUT SECTIONS 1 - 3 REGULATED BY PARA: 114. S-S• '•B.C. EST. BLDG. COST PER SQ. FT. s� +•
PAGE 2 FILL OUT SECTIONS 1 - 12 EST. BLDG. COST PER ROOM .
DATE: FEE PAID. SEPTIC PERMIT NO.
ELECTRIC METEPS MUST BE ON OUTSIDE OF BUILDING 4 APPROVED BY
ATTACHED GARAGES MUST CONFORM TO STATE FIRE REGULATIONS
PLAkAMUST BE FILED AND APPROVED BYBUILDING INSPECTOR
DATE FILED e��(rL 3
BOARD OF HEALTH
SIG TORE O ER O AU RIZED AGENT
r OWNER TEL.# 2S6 q74 2 PLANNING BOARD
.,t PERMIT GRANTED CONTR.TEL.# Z 7p
19 / CONTR.LIC.
BOARD OF SELECTMEN
4
APR 3 1
PERMIT FOR FRAMUBUILDING
DATE: 4'�.� FEE PAID'.,-.� BUILDING INSPECTOR
BUILDING RECORD
1 OCCUPANCY 12 ,
SINGLE FAMILY STORIES THIS SECTION MUST SHOW EXACT DIMENSIONS OF LOT AND DISTANCE FROM
MULTI. FAMILY _ OFFICES LOT LINES AND EXACT DIMENSIONS OF BUILDINGS. WITH PORCHES. GA-
APARTMENTS • RAGES. ETC. SUPERIMPOSED. THIS REPLACES PLOT PLAN.
CONSTRUCTION
2 ' FOUNDATION .8 INTERIOR FINISH .
COP RETE _ 3 t 2 13
CO CRETE BL'K. PINE
BRICKkOR STONE HARDW D
PIERS PLASTER _
1. Y DRY WALL '
UNFIN.
3 BASEMENT
AREA FLVLL FIN. B'M'T' AREA _
1/1 1/2 '/, FIN. ATTIC AREA
NO B M'T FIRE PLACES i
HEAD ROOM _ MODERN KITCHEN•i,
5
4 WAL I 9 FLOORS
CLAPBOARDS B t 2 3
DROP SIDING CONCRETE _
WOOD SHINGLES* EARTH _
ASPHALT SIDING HARDW D _
ASBESTOS SIDING COMMON
VERT. SIDING ASPH. TILE _
STUCCO ON MASONRY
STUCCO ON FRAME
BRICK ON MASONRY ATTIC STRS. & FLOOR I_
BRICK ON FRAME
CONC. OR CINDER BLK.
STONE ON MASONRY WIRING
STONE ON FRAME _
SUPERIOR POOR _
ADEQUATE NONE
rj I ROOF 10 PLUMBING
GABLE HIP BATH 13BATH FIX.)
GAMPREL MANSARD TOILET RM. 12 FIX.)
FLA7� SHED WATER CLOSET
ASPHALT SHINGLES LAVATORY _
WOOD SHINGES KITCHEN SINK
SLATE NO PLUMBING _
TAR & GRAVEL STALL SHOWER
ROLL ROOFING MODERN FIXTURES
`TILE FLOOR
TILE DADO
6 FRAMING I 11 HEATING
WOOD JOIST PIPELESS FURNACE
FORCED HOT AIR FURN.
TIMBER BMS. &COLS. STEAM ..
STEEL BMS. & COLS. HOT W'T'R OR VAPOR
WOOD RAFTERS AIR CONDITIONING -
RADIANT H'T'G
UNIT HEATERS
7 NO. OF ROOMS GAS
OI L- '
B'M'T 2nd ELECTRIC
1st 13rd I NO HEATING - -
� t
o � i
CERTIFICATE OF USE & OCCUPANCY
Tower of North Andover
Building Permit Number 142 pate September 20, 1991
THIS CERTIFIES THAT
THE BUILDING LOCATED ON 825 DALE STREET (Lot #8)
MAY BE OCCUPIED AS 2-Story Single Family Dwelling IN ACCORDANCE
WITH THE PROVISIONS OF THE MASSACHUSETTS STATE BUILDING CODE AND SUCH
OTHER REGULATIONS AS MAY APPLY.
piOR7/y
3$O tStIED ly�41
CERTIFICATE ISSUED TO_John & Rosemary DeFlumeri o
Delwood Street
° ; * ADDRESS Chelmsford MA
41
�SSACHUS""
Building Inspector
i
, `� '•' ill . i'i
15
INAL
t7/ fi1 T +1 ��®Fr . _ ®®
6 (} over ON
0
Y [ i� ?� d� BENT RY � tl i ...MIT ' "r K �� �1����� At,Z 1 9�) �.
• C HI WI K
k BOARD OF ALTt
j u
THIS CERTIFIES THAT. ' " .�... ... . .
. .....
BUILDING INSPECTOR
has permission to erect tU00 ...........buildingson OP � . w
d...... ........... Rough
to be occupied as�. � ., �i. �. �s tt�f�� .�� ACl��r�slt+A ,4'Sen
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.provided that the person accepting this permit shall in every respect conform to the terms of the application on file.in
U1 ,
LUM I G INS#4 4TtSR
this office,and to the provisions of the Codes and By-Laws relating to the Inspection,Alteration and Construction of Fiou h
Buildings in the Town of North Andover. PERMIT FOR FOUNDATION ONLY
1 • 114.8` .B.O• final � :
PARA.
VIOLATION of the Zoning or Building Regulations Voids this Permit. ' REGULATED BY ��..a
', PERMIT EXPIRES IN MO E'PAIV• ELECTRICAL INSPECTOR _
Rough
UNLESS CONST TION STARTS Service
PERMIT FOR MAMUBUILDING Final ► f
ZN r—u 4L BUILDING INSPECTOR
DATE: -����/ FEE•PAID'4.., b- �Lt,' GAS INSPECTOR
Occupancy Permit Required to Occupy Building Rough
Display in a Conspicuous Place on the Premises -
- FIRE DEPT.
Do Not Remove Burner
No Lathing to Be Done Until Inspected and Approved by Smoke o$t: -
Building Inspector ector
16
i
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t7
„ a t �T�1A1 f1'1nC1
I
We, Joan X. Cashman and Ellen Sweeney, Trustees of the Cashman Realty
Trust u/d/t dated November 21, 1988 filed and registered with Records
of Registered Land in the Northern Registry District of Essex County,
Massachusetts as Document No. 46403, in consideration of ONE ($1.00)
DOLLAR and all other good and valuable consideration paid, grant to
Joan M. Cashman, Ellen Sweeney and John C. Oakley, Trustees of the
Odelle F. Cashman Trust u/d/t dated July 21, 1986, filed and
registered with the Records of Registered Land in the Northern
Registry District of Essex County, Massachusetts as Document No.
40693, said Trust having an address of 907 Dale Street, North Andover,
Massachusetts, with QUITCLAIM covenants
a certain parcel of land situate in said North Andover, being shown as
Lot nine (9) shown on the hereinafter mentioned plan.
All of said boundaries are determined by the Court to be located as
shown on Plan No. 40905D, drawn by Thomas E. Neve Associates, Inc. ,
Surveyors, dated May 1, 1987, filed in the Land Registration office of
the Northern Registry District of Essex County, a copy of a portion of
which is filed with Certificate of Title No. 10536, Book 76, Page 149.
Said premises are conveyed together with the right of the grantees,
their heirs, executors, administrators, successors and assigns to pass
and re-pass by foot or by farming or gardening equipment, over the
area designated on said Plan as "Easement (20.00 Wide)", situated
adjacent to the land of Eileen T. Carleton et al as shown on said
Plan. Said Easement shall provide said grantees, their heirs,
executors, administrators, successors and assigns with a right of
access to and from the herein Lot Nine (9) to Lot Sixteen (16) .
Said premises are also conveyed subject to the rights of the owners of
Lot Eight (8) , their heirs, executors, administrators, successors and
assigns to pass and re-pass, by foot or by farming or gardening
equipment, over the area situated adjacent to land of said Carleton
0 and designated on said Plan as "Easement (20.00 Wide)". Said Easement
z shall provide said owners, their heirs, executors, administrators,
successors and assigns with a right of access to and from said Lot
Eight (8) to Lot Sixteen (16) .
This deed is given in consideration of the transfer by the herein
grantee of Lot Fifteen (15) shown on said Plan No. 40905D to Joan M.
Cashman, individually, who is the sole beneficiary of the herein
grantor.
Being a portion of the premises, title to which is registered in our
names, as Trustees, in the Registered Land Section of the Northern
Registry District of Essex County, Massachusetts as Certificate of
Title No. 10637 in Book 77, Page 153.
Executed as a sealed instrument this 174 day apgh994.
A14 M. CA61iMAN, Trustee
0
Trust
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. March 17 1994
Then personally appeared the above-named Joan M. Cashman and Ellen
Sweeney and as Trustees aforesaid and acknowledge the foregoing
instrument to be their free act and deed, before me.
Rosemarie Roche, Notary Public
My commission expires:,/,/rwo7'
17
J
DOCUMLp I viu - iO
/97
lb
I ED ON OERI 111 IC,-kT E fQ
'�-r',ISTNAPON BOOK
I
We, Joan M. Cashman, Ellen Sweeney and John C. Oakley, Trustees of the
Odelle F. Cashman Trust u/d/t dated July 21, 1986 filed and registered
with Records of Registered Land in the Northern Registry District of
Essex County, Massachusetts as Document No. 40693, in consideration of
ONE ($1.00) DOLLAR and all other good and valuable consideration paid,
grant to Patricia Cashman Connolly, of 81A Church Street,
Merrimac, Essex County, Massachusetts
with QUITCLAIM covenants
a certain parcel of land situate in said North Andover, being shown as
Lot nine (9) shown on the hereinafter mentioned plan.
All of said boundaries are determined by the court to be located as
shown on Plan No. 40905D, drawn by Thomas E. Neve Associates, Inc. ,
Surveyors, dated May 1, 1987, filed in the Land Registration Office of
the Northern Registry District of Essex County, a copy of a portion of
which is filed with Certificate of Title No. 10536, Book 76, Page 149.
Said premises are conveyed together with the right of the grantees,
their heirs, executors, administrators, successors and assigns to pass
and re-pass by foot or by farming or gardening equipment, over the
area designated on said Plan as "Easement (20.00 Wide)", situated
adjacent to the land of Eileen T. Carleton et al as shown on said
Plan. Said Easement shall provide said grantees, their heirs,
executors, administrators, successors and assigns with a right of
access to and from the herein Lot Nine (9) to Lot Sixteen (16) .
O
Said premises are also conveyed subject to the rights of the owners of
Lot Eight (8) , their heirs, executors, administrators, successors and
assigns to pass and re-pass, by foot or by farming or gardening
equipment, over the area situated adjacent to land of said Carleton
and designated on said Plan as "Easement (20.00 Wide)". Said Easement
shall provide said owners, their heirs, executors, administrators,
successors and assigns with a right of access to and from said Lot
Eight (8) to Lot Sixteen (16) .
ma
This deed is given in accordance with Article SECOND (A) of the above
referred to Odelle F. Cashman Trust.
Being a portion of the premises, title to which is registered in our
names, as Trustees, in the Registered Land Section of the Northern
Registry District of Essex County, Massachusetts as Certificate of
Title No. 10637 in Book -77, Page 153.
Executed as a sealed instrument this 171th day of March 1994.
0 rd AN M. CKSHRAN, Trustee
a.
C e"4
ELLEN-SWEENEY, Trustep-4
/) U
JOHN C. OAKLEY,()Trustee
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. March 17 1994
Then personally appeared the above-named Joan M. Cashman, Ellen
Sweeney and John C. Oakley, as Trustees aforesaid and acknowledge the
foregoing instrument to be their free act and deed, before me.
Rosemarie Roche, Notary Public
My commission expires: �Z111al
18
58446
TA
Emlex
N RkG+STkATIUN BOWOK, AGE .
ti
v
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I
i �tV
i�\V\
We, Joan M. Cashman, Ellen Sweeney and John C. Oakley, Trustees of
the Odelle F. Cashman Trust u/d/t dated July 21, 1986 filed and
registered with the records of Registered Land in the Northern
Registry District of Essex County, Massachusetts as Document No.
40693, in consideration of ONE ($1. 00) DOLLAR and other good and
valuable consideration paid, grant to Joan M. Cashman of 907 Dale
Street, North Andover, Massachusetts, with QUITCLAIM covenants
a certain parcel of land situate in said North Andover, being shown
as Lot fifteen (15) shown on the hereinafter mentioned plan.
All of said boundaries are determined by the Court to be located as
shown on Plan No. 40905D, drawn by Thomas E. Neve Associates, Inc. ,
Surveyors, dated May 1, 1987, filed in the Land Registration Office
of the Northern Registry District of Essex County, a copy of a
a portion of which is filed with Certificate of Title No. 10536, Book
a 76, Page 149.
0
x Being a portion of the premises, title to which is registered in our
wnames as Trustees, in said Registered Land Section of the Northern
Registry District of Essex County, Certificate of Title No. 10031 in
Book 71, Page 129.
WExecuted a sealed instrument this 17thday of March , 1994 .
N
3
N M-_�CZCASHMAN, Trustee
1ZLLEN SWEENEY, Trus e
, - c
H JPH)4 C. OAKLEY, Tridstee
a
w
a
a COMMONWEALTH OF MASSACHUSETTS
Essex, ss. March 17 , 1994
Then personally appeared the above-named Joan M. Cashman, Ellen
Sweeney and John C. Oakley as Trustees aforesaid and acknowledge the
foregoing instrument to be their free act and deed, before me.
Rosemarie Roche , Notary Public
My commission expires: /0 V
19
Dom 15097
DECLARATION OF TRUST
ESTABLISHING
FRANK CASHMAN REALTY TRUST
We, Joan M. Cashman and Ellen Sweeney, both of North Andover,
Essex County, Massachusetts, and John C. Oakley, of Boxford, Essex
County, Massachusetts (the "Trustees') , hereby declare that Ten (10)
Dollars is held in trust hereunder and any and all additional property
and interest in property, real and personal, that may be acquired
hereunder (the "Trust Estate" ) shall be held in trust, solely as
nominee, for the sole benefit of the individuals or entities listed in
the Schedule of Beneficiaries in the proportions stated in said
Schedule, which Schedule has this day been executed by the
Beneficiaries and filed with the Trustees with receipt acknowledged by
at least one Trustee (hereafter, as it may be amended, "Schedule of
Beneficiaries" ) .
SECTION ONE
Name and Purpose
1.1 This Trust shall be known as the Frank Cashman Realty Trust
and is intended to be a nominee trust, so-called, for federal and
state income tax purposes and to hold the record legal title to the
Trust Estate and perform such functions as are necessarily incidental
thereto.
SECTION TWO
Trustees
2.1 In the event that there are two Trustees, ANY ONE TRUSTEE
may execute any and all instruments and certificates necessary to
carry out the provisions of the Trust. in the event there are more
than two Trustees, ANY TWO TRUSTEES, except as otherwise provided in
Paragraph 7.2, may execute such instruments and certificates necessary
to carry out the provisions of the Trust.
2.2 No Trustee shall be required to furnish bond. No Trustee
hereunder shall be liable for any action taken at the direction of the
Beneficiaries, nor for any error of judgment nor for any loss arising
out of any act or omission in the execution of the Trust so long as
acting in good faith, but shall be responsible only for his or her own
willful breach of trust. No 'license of court shall be requisite to
the validity of any transaction entered into by the Trustees. No
purchase, transferee, pledgee, mortgagee or other lender shall be
under any liability to see to the application of the purchase money or
of any money or property loaned or delivered to any Trustee or to see
that the terms and conditions of this Trust have been complied with.
-2-
Every agreement, lease, deed, mortgage, note or other instrument or
document executed or action taken by the person or persons appearing
from the records of the Registry of Deeds to be Trustees, as required
by paragraph 2.1, shall be conclusive evidence in favor of every
person relying thereon or claiming thereunder that at the time of the
delivery thereof or of the taking of such action this Trust was in
full force and effect, that the execution and delivery thereof or
taking of such action was duly authorized, empowered and directed by
the Beneficiaries.
2.3 Any person dealing with the Trust Estate or the Trustees may
always rely without further inquiry on a certificate signed by the
person or persons appearing from the records of the Registry of Deeds
to be Trustees, as required by Paragraph 2.1, as to who are the
Trustees or the Beneficiaries hereunder or as to the authority of the
Trustees to act or as to the existence or nonexistence of any fact or
facts which constitute conditions precedent to action by the Trustees
or which are in any other manner germane to the affairs of the Trust.
Execution, delivery or recording of such certificate shall not be
condition precedent to the validity of any transaction of the Trust.
SECTION THREE
Beneficiaries
3 .1 The term "Beneficiaries" shall mean the persons and entities
listed as Beneficiaries in the Schedule of Beneficiaries, from time to
time hereafter executed and delivered as provided above and the
respective interests of the Beneficiaries shall be as therein stated.
3.2 Decisions made and actions taken hereunder (including
without limitation, amendment of this Trust; appointment and removal
of Trustees; directions and notices to Trustees; and execution of
documents) shall be made or taken, as the case may be, by all of the'
Beneficiaries.
3 .3 Any Trustee may without impropriety become a Beneficiary
hereunder and exercise all rights of a Beneficiary with the same
effect as though he or she or it were not a Trustee. The parties
hereunder recognize that if a sole Trustee and a sole Beneficiary are
one and the same person, legal and equitable title hereunder shall
merge as a matter of law.
-3-
SECTION FOUR
Powers Of Trustees
4.1 The Trustees shall hold the principal of this Trust and
receive the income therefrom for the benefit of the Beneficiaries, and
shall pay over the principal and income pursuant to the direction of
all of the Beneficiaries and without such direction shall pay the
income to the Beneficiaries in proportion to their respective
interests.
4.2 Except as hereinafter provided in case of the termination of
this Trust, the Trustees shall have no power to deal in or with the
Trust Estate except as directed by all of the Beneficiaries. When,
as, if and to the extend specifically directed by all of the
Beneficiaries, the Trustees shall have the following powers:
4 .2.1 to buy, sell, convey, assign, mortgage or otherwise
dispose of all or any part of the Trust Estate and as
landlord or tenant execute and deliver leases and
subleases;
4 .2 .2 to execute and deliver notes for borrowing for the
Beneficiaries;
4 .2 .3 to grant easements or acquire rights or easements and
enter into agreements and arrangements and arrangements
with respect to the Trust Estate;
4 .2 .4 to endorse and deposit checks in an account for the
benefit of the Beneficiaries;
4 .2 .5 but the Trustees shall have NO AUTHORITY TO MAINTAIN
BANK ACCOUNTS IN THE NAME OF THE TRUST OR TRUSTEES but
they may maintain bank accounts in the name of the
Beneficiaries. In the event of a violation of this
subparagraph, the Trustees shall indemnify and save
harmless the Beneficiaries from any liability resulting
therefrom including taxes and accounting expenses.
Any and all instruments executed pursuant to such direction may create
obligations extending over any periods of time, including periods
extending beyond the date of any possible termination of the Trust. A
direction to the Trustees by the Beneficiaries may be by a Durable
Power of Attorney.
-4-
4 .3 Notwithstanding any provisions contained herein, no Trustee
shall be required to take any action which will, in the opinion of
such Trustee, involve the Trustee in any personal liability unless
first satisfactorily indemnified.
4 .4 Any persons extending credit to, contracting with or having
any claim against the Trustees shall look only to the funds and
property of this Trust for payment of any contract, or claim, or for
the payment of any debt, damage, judgment, or decree, or for any money
that May otherwise become due or payable to them from the Trustees, so
that neither the Trustees nor the Beneficiaries shall be personally
liable therefor. If any Trustee shall at any time for any reason
(other than for willful breach of trust) be held to be under any
personal liability as such Trustee, than such Trustee shall be held
harmless and indemnified by the Beneficiaries, jointly and severally,
against all loss, costs, damage, or expense by reason of such
liability.
SECTION FIVE
Termination
5.1 This Trust may be terminated at any time by notice in
writing from any Beneficiary, Provided that such termination shall be
effective only when a certificate thereof signed by the Trustees,
shall be recorded with the Registry of Deeds. Notwithstanding any
other provision of this Declaration of Trust, this Trust shall
terminate in any event NINETY (90) years from the date hereof, if not
earlier terminated by action of a Beneficiary.
5.2 In the case of any termination of the Trust, the Trustees
shall transfer and convey the specific assets constituting the Trust
Estate, subject to any leases, mortgages, contracts or other
encumbrances on the Trust Estate, to the Beneficiaries as tenants in
common in proportion to their respective interests hereunder, or as
otherwise directed by all of the Beneficiaries, provided, however, the
Trustees may retain such portion thereof as is in their opinion
necessary to discharge any expense or liability, determined or
contingent, of the Trust.
-5-
SECTION SIX
Amendments
6.1 This Declaration of Trust may be amended from time to time
by an instrument in writing signed by all of the Beneficiaries and
delivered to the Trustees, provided in each case that the amendment
shall not become effective until the instrument of amendment or a
certificate setting forth the terms of such amendment, signed by the
Trustees, is recorded with the Registry of Deeds.
SECTION SEVEN
Resignation and Successor Trustee
7.1 Any Trustee hereunder may resign at any time by an
instrument in writing signed and acknowledged by such Trustee and
delivered to all remaining Trustees and to each Beneficiary. Such
resignation shall take effect on the later of the date specified
therein or the date of the recording of such instrument with the
Registry of Deeds.
7.2 Succeeding or additional Trustees may be appointed or any
Trustee may be removed by an instrument or instruments in writing
signed by all of the Beneficiaries, provided in each case that a
certificate signed by ANY TRUSTEE naming the Trustee or Trustees
appointed or removed and in the case of an appointment, the acceptance
in writing by the Trustee or Trustees appointed, shall be recorded in
the Registry of Deeds. Upon the recording of such instrument, the
legal title to the Trust Estate shall, without the necessity of any
conveyance, be vested in said succeeding or additional Trustee or
Trustees, with all the rights, powers, authority and privileges as if
named as an original Trustee hereunder.
7.3 In the event that there is no Trustee, either through the
death or resignation of a sole Trustee without prior appointment of a
successor Trustee or for any other cause, a person purporting to be a
successor Trustee hereunder may record in the Registry of Deeds an
affidavit, under pains and penalties of perjury, stating that he or
she has been appointed by all of the Beneficiaries a successor
Trustee. Such affidavit when recorded together with an attorney's
certificate under M.G.L. c. 183 Section 5B, stating that such attorney
has knowledge of the affairs of the Trust and that the person signing
the affidavit has been appointed a Trustee by all of the
Beneficiaties, shall have the same force and effect as if the
certificate of a Trustee or Trustees required or permitted hereunder
had been recorded and persons dealing with the Trust or Trust Estate
may always rely, without further inquiry upon such an affidavit as so
executed and recorded as to the matters stated herein.
-6-
SECTION EIGHT
Governing Law
8.1 This Declaration of Trust shall be construed in accordance
with the laws of the Commonwealth of Massachusetts.
SECTION NINE
Registry of Deeds
9.1 Term term "Registry of Deeds" shall mean the Registry of
Deeds or Registry District of the Land Court for the district in the
Commonwealth of Massachusetts in which the real estate which is the
subject of this Trust is located, and in which this Declaration of
Trust is recorded or registered.
Executed as a sealed instrument this 5th day of May, 1994.
an M. Cashman
k..'
6&4Ll V/1w"a
Ell-ensweeney
Jo n C. Oakley
COMMONWEALTH OF MASSACHUSETTS
Essex, ss May 5, 1994
Then personally appeared the above-named Joan M. Cashman, Ellen
Sweeney and John C. Oakley, and acknowledged the foregoing instrument
to be their free act and deed,
before
My Commission Expires: /.,
JCO 54
1 .
� �:i� J a.i •iw tip/ J ( •.
-
i
f
FRANK CASHMAN REALTY TRUST
SCHEDULE OF BENEFICIARIES
The undersigned hereby certify that they are the sole
Beneficiaries of the Frank Cashman Realty Trust established under a
Declaration of Trust dated May 5, 1994, and that the following is its
beneficial interest thereunder:
Beneficiary Percentage of Beneficial Interest
Joan M. Cashman, Ellen Sweeney
and John C. Oakley, Trustees of the
odelle F. Cashman Trust u/d/t
dated July 2, 1986 100%
The terms of said Trust are hereby approved and the undersigned
Beneficiaries agree with the Trustees of said Trust (a) to be bound by
said Trust, and (b) to save the Trustees harmless from any personal
liability for any action taken at the direction of the Beneficiaries,
or for any error of judgment, or for any loss arising out of any act
or omission in the execution of the Trust so long as the Trustees act
in good faith, and (c) that the Trustees may withhold from any
distribution, transfer or conveyance such amounts as they from time to
time reasonably deem necessary to protect themselves from such
liability, and (d) that each Trustee shall be responsible only for
such Trustee 's own willful breach of trust, and (e) to reimburse the
Trustees for any expenses incurred in the performance of their duties.
Executed as a sealed instrument this 5th day of May, 1994.
Odelle F. Cashman Trust
By: amclhlz(�
JV n M. Cabhman, Trustee
By:
Eq. n Sween6y, Trustee
By.
0 C. Oakley
p Trustee
JCO 54
FRANK CASHMAN REALTY TRUST
RECEIPT OF SCHEDULE OF BENEFICIARIES
We, the undersigned, hereby certify that we are the Trustees of
the Frank Cashman Realty Trust, and that the above Schedule of
Beneficiaries has been filed with us this 5th day of may, 1994.
oan M. Cashman, Trustee
E! en Sweehey, Trus,te
C. Oakley, bIT-11ustee
JCO 54
20
Jill
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We, Joan M. Cashman, Ellen Sweeney and John C. Oakley, Trustees of the
Odelle F. Cashman Trust u/d/t dated July 21, 1986 filed and registered
with Records of Registered Land in the Northern Registry District of
Essex County, Massachusetts as Document No. 40693, in consideration of
ONE ($1.00) DOLLAR and all other good and valuable consideration paid,
grant to Joan M. Cashman, of 907 Dale Street, North Andover,
Massachusetts with QUITCLAIM covenants
a certain parcel of land situate in said North Andover, being shown as
Lot eleven (11) shown on the hereinafter mentioned plan.
All of said boundaries are determined by the Court to be located as
shcvin cn Plan No. 40905D, drawn by Thuruds E. Nee Associates, inc. ,
Surveyors, dated May 1, 1987, filed in the Land Registration office of
the Northern Registry District of Essex County, a copy of a portion of
which is filed with Certificate of Title No. 10536, Book 76, Page 149.
Said premises are also conveyed subject to the rights of the owners of
Lot Eight (8) , Lot Nine (9) and Lot Ten (10) their heirs, executors,
administrators, successors and assigns to pass and re-pass, by foot or
by farming or gardening equipment, over the area situated adjacent to
land of said Carleton and designated on said Plan as "Easement (20.00
Wide)". Said Easement shall provide said owners, their heirs,
executors, administrators, successors and assigns with a right of
H access to and from said Lots Eight (8) , Lot Nine (9) and Lot Ten (10)
to Lot Sixteen (16) .
U This deed is given in accordance with Article SECOND (A) of the above
04
referred to Odelle F. Cashman Trust.
Being a portion of the premises, title to which is registered in our
names, as Trustees, in the Registered Land Section of the Northern
Registry District of Essex County, Massachusetts as Certificate of
a Title No. 1449r-7 in Book 7OF, Page l-&3.
/003/ 7/ /_?�
FExecuted as a sealed instrument this 5th day of May, 1994,
0
z
AN M. 'CASHMAN, Trustee
7
kI,LEN SWEENEY, Tru ee
N C. OAKLE Trustee
El
0
0 COMMONWEALTH OF MASSACHUSETTS
Essex, ss. May 5, 1994
o Then personally appeared the above-named Joan M. Cashman, Ellen
Sweeney and John C. Oakley, as Trustees aforesaid and acknowledge the
>1 foregoing instrument to be their free act and deed, before me.
04
Notary Public
My commission expires:
21
E
I
We, Joan M. Cashman and Ellen Sweeney, Trustees of the Cashman Realty
Trust u/d/t dated November 21, 1988 filed and registered with Records
of Registered Land in the Northern Registry District of Essex County,
Massachusetts as Document No. 46403, in consideration of ONE ($1.00)
DOLLAR and all other good and valuable consideration paid, grant to
Joan K. Cashman, Ellen Sweeney and John C. Oakley, Trustees of the
Frank Cashman Realty Trust u/d/t dated May 5, 1994, filed and
registered with the Records of Registered Land in the Northern
Registry District of Essex County, Massachusetts as Document No.
Sg7f 7 said Trust having an address of 907 Dale Street, North
Andover, Massachusetts, with QUITCLAIM covenants
a certain parcel of land situate in said North Andover, being shown as
Lot fourteen (14) shown on the hereinafter mentioned plan.
All of said boundaries are determined by the Court to be located as
shown on Plan No. 40905D, drawn by Thomas E. Neve Associates, Inc. ,
Surveyors, dated May 1, 1987, filed in the Land Registration Office of
the Northern Registry District of Essex County, a copy of a portion of
W which is filed with Certificate of Title No. 10536, Book 76, Page 149.
This deed is given in consideration of the transfer by Joan M. Cashman
et alii, Trustee of the Odelle F. Cashman Realty Trust u/d/t dated
July 21, 1986 filed and registered with the Records of Registered Land
in the North Essex District Registry of Deeds as Document No. 40693.
of Lot Eleven (11) shown on said Plan No. 40905D to Joan M. Cashman,
individually, who is the sole beneficiary of the herein grantor.
Being -a portion of the premises, title to which is registered in our
s
names, a Trustees, in the Registered Land Section of theNorthern
Registry District of Essex County, Massachusetts as Certificate of
Title No. 10637 in Book 77, Page 153.
0
z Executed as a sealed instrument this 5th day of May, 1994.
W4 CASHMAN, Trustee
z
tY,
ELLEN SWEENEY, Trustee z7
Y
0 COMMONWEALTH OF MASSACHUSETTS
Essex, ss. May 5, 1994
W
Then personally appeared the above-named Joan M. Cashman and Ellen
Sweeney and as Trustees aforesaid and acknowledge the furequing
instrument to be their free act and deed, before me.
El
C4
Notary PiiS'lic
My commission expires: /OV/'//
22
9
'JAY Gil�lt{
qqv
PAur;
s
� ELL E
VOi S.7
lct,7`Aa001 1 + 0mot
I, Patricia Cashman Connolly, of Merrimac, Massachusetts in
consideration of One Hundred Twelve Thousand and 00/100 ($112, 000. 00)
Dollars paid, grant to Jacques A. Marchand, Trustee of Phoenix Realty
104 Main Street, Andover, Mass . 01810
Trust u/d/t dated December 20, 1993, filed and registered with the
records of Registered Land in the Northern Registry District of Essex
County as Document No.SJ,5_C1y with QUITCLAIM covenants
a certain parcel of land situate in said North Andover, being shown as
Lot nine (9) shown on the hereinafter mentioned plan.
All of said boundaries are determined by the Court to be located as
shown on Plan No. 40905D, drawn by Thomas E. Neve Associates, Inc. ,
Surveyors, dated may 1, 1987, filed in the Land Registration Office of
the Northern Registry District of Essex County, a copy of a portion of
which is filed with Certificate of Title No. 10536, Book 76, Page 149.
Said premises are conveyed together with the right of the grantees,
0 their heirs, executors, administrators, successors and assigns to pass
and re-pass by foot or by farming or gardening equipment, over the
area designated on said Plan as "Easement (20.00 Wide) " , situated
adjacent to the land of Eileen T. Carleton et al as shown on said
Plan. Said Easement shall provide said grantees, their heirs,
executors, administrators, successors and assigns with a right of
access to and from the herein Lot Nine (9) to Lot Sixteen (16) .
Said premises are also conveyed subject to the rights of the owners of
Lot Eight (8) , their heirs, executors, administrators, successors and
W
assigns to pass and re-pass, by foot or by farming or gardening
equipment, over the area situated adjacent to land of said Carleton
and designated on said Plan as "Easement (20. 00 Wide) " . Said Easement
shall provide said owners, their heirs, executors, administrators,
Q successors and assigns with a right of access to and from said Lot
0
Eight (8) to Lot Sixteen (16) .
Being the same premises, title to which is registered in my name, in
the Registered Land Section of the Northern Registry District of Essex
County, Massachusetts as Certificate of Title No. 11c/,? l in Book
Page 3d q -
rov
0 Witness my hand and seal this JO day of August, 1994 .
PATRICIA CASHMAN CONNOLLY
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. August 3e' 1994
Then personally appeared the above-named Patricia Cashman Connolly and
acknowledge the foregoing instrument to be her free act and deed,
before me.
'40n C. Oakley terry Public
My commission expires: 3/5/2000
��
Location — 0-1-37 . )Jftte- t
No. Date .'
Ka TOWN OF NORTH ANDOVER
Q %. a
Certificate of occupancy $
1 Building/Frame Permit Fee $
* La[ML wwfwlLr v
"rl " Foundation Permit Fee *41D $ -�J00
s�c,�us
Other Permit Fee $ `"
Sewer Connection Fee
i
Water Connection Fee $ 4
TOTAL s I
Building Ins or
1� �9;18 11720; PAID
d, k
Div. Public Workd
si2f
�"t syyh Yew .f�• Z.r. .- i' 'y►� i *+►.lit, A'"* .- y y��.f ..
7
OP9
LocationLoi 1�4L'c %TRE-E I
No. Date
q/ 4154-
ORTH TOWN OF NORTH ANDOVER
Q 16IL D I I-
} �...
• ;
. a
0 _ A certificate of Occupancy $ " `
Building/Frame Permit Fee $
Foundation Permit Fee
s�C
Other Permit Fee $
r
Sewer connection Fee $
LU
Water connection Fee $
TOTALtoe
$ �
Building spe& r
TO
Div. Public Works
8056
Location 837
No. ' Date
+ e
C
VORTH "TOWN OF NORTH ANDOVER
+Cent'ificate of -occupancy $
Building/Frame Permit Fee $
iKw.iwltiLw
Foundation Permit Fee $
CH -�
Other' Permit Fee $
Sewer Connection Fee $
A 14a Water Connection Fee $ jur
TOTAL $ 1 UU� tir --
v
0/ - _ i Idg I nspr or
k -
Di �Pupftc Works
'ER"iIT NO. t APPLICATION FOR PERMIT TO BUILD — NORTH ANDOVER, MASS. PAGE 1
MAP K4O. - ►(� LOT NO. JC'� 2 RECORD OF OWNERSHIP IDATE BOOK ;PAGE —
`ZONE I SUB DIV. LOT NO. I
LOCATION 8 77
q ee_t PURPOSE OF BUILDING
OWNER'S NAME p v NO. OF STORIES CSIZE UOO��-
cam
o OWNER'S ADDRESS ` + Atli
BASEMENT OR SLAB J3 AS
c-11-4 8:- 1 T
ARCHITECT'S NAME /'ter _ 'L SIZE OF FLOOR TIMBERS 1ST C( 10 /2ND O`^7/ �( /p� 3RD
BUILDER'S NAME l�nD�.vi��c S SPAN J 3 ' ,� / .31�' K /`I/3!lil-f-/Cj
a DISTANCE TO NEAREST BUILDING 1 + DIMENSIONS OF SILLS 57 ---
DISTANCE FROM STREET L POSTS _f/ x r
DISTANCE FROM LOT LINES-SIDES 3o� REAR �y0 GIRDERS 4
AREA OF LOT vl•I ®os FRONTAGE V�G.J HEIGHT OF FOUNDATION < t THICKNESS /J') l
IS BUILDING NEW 1 1p SIZE OF FOOTING C) �( X O c/.•��
IS BUILDING ADDITION 1. )� MATERIAL OF CHIMNE`Ys C/
IS BUILDING ALTERATION /Vt 1O IS BUILDING ON SOLID OR FILLED LANDtea-.- 6 L
W#LL BUILDING CONFORM TO REQUIREMENTS OF CODE .O G IS BUILDING CONNECTED TO TOWN WATER �''5
BOARD OF APPEALS ACTION. IF ANY '✓J IS BUILDING CONNECTED TO TOWN SEWER O
IS BUILDING CONNECTED TO NATURAL GAS LINE -
INSTRUCTIONS 3 PROPERTY INFORMATION
PERMIT FOR FRAME/B ILDING LAND COST /!� vO0
SEE BOTH SIDES EST. BLDG. COST
PAGE 1 FILL OUT SECTIONS 1 - 3 EST.,BLDG. COST PER SQ.
DATE.�FEE PAID._.._._... EST. BLDG. COST PER ROOM j•/
PAGE 2 FILL OUT SECTIONS 1 - 12 E� {'�FOR FOUNDAR'ry
PERMIT MON ONLY SEPTIC PERMIT NO. 3 17
ELECTRIC METEPS MUST BE ON OUTSIDE OF BUILDING p 4 APPROVED BY
ATTACHED GARAGES MUST CONFORM TO STATE FIRE RE�U IP BY PARR. 114.&& &C.
PLANS MUST BE FILED AND APP OVED BY BUILDING INSPECTOR
a
DATE FI ED
ATE FEE PAID
BOARD OF HEALTH
y SIGN, llt,6F OW ER OFoI,dTHORIZk AGENT
F E E !8an.co
h dV o 01 PLANNING BOARD
PERMIT GRANTED �+
W�FD N BOARD OF SELECTMEN
` OWNER TEL.
�`` CONTR.TEL.N� 7 t G _ BUILDING INSPECTOR
1c, #UO?$
.t,: :t.�'�=.! rf?NTR. I. �/
tp •F
s �
BUILDING RECORD
1 OCCUPANCY 12
SINGLE FAMILY STOWIES THIS SECTION MUST SHOW EXACT DIMENSIONS OF LOT AND DISTANCE FROM
;MULTI. FAMILY OFFICES LOT LINES AND EXACT DIMENSIONS OF BUILDINGS. WITH PORCHES, GA- p
i APARTMENTS RAGES, ETC. SUPERIMPOSED. THIS REPLACES PLOT PLAN.
CONSTRUCTION d
2 FOUNDATION $ INTERIOR FINISH
CONCRETE d t 2 13
CONCRETE BL'K. PINE
BRICK OR STONE HARDW D __I
PIERS PLASTER
DRY WALL
UNFIN.
3 BASEMENT
AREA FULL �r IN. B'M'T AREA
V4 1/1 '/, FIN. ATTIC AREA
N_O B M T FIRE PLACES
HEAD ROOM MODERN KITCHEN
4 WALLS 9 FLOORS a
CLAPBOARDS B /L 3 '
DROP SIDING CONCRETE
WOOD SHINGLES EARTH
ASPHALT SIDING HARD"JD _
ASBESTOS SIDING COM/ACN Alz
VERT. SIDING ASPH. TILE g^?��� iif!'}}.".,►,` 1!?n' K? '� 'Py ;' -�
STUCCO ON MASONRY
STUCCO ON FRAME
BRICK ON MASONRY ATTIC STRS. 3 FLOOR AV
BRICK ON FRAME III /�qq
CONC. OR CINDER BLK. "!'�1M � � �4��el
STONE ON MASONRY WIRING
STONE ON FRAME,
SUPERIOR POOR
ADEQUATE I NONE ^{� . All
t �'�^� rittt� �+
5 F 10 PLUMBING .313 . ' . All .Fide !r G13T1f.-itJL N
c•
GABLE I HIP BATH (3 FIX.)
GAMBREL MANSARD TOILET RM. )2 FIX.)
FLAT SHED WATER CLOSET
ASPHALT SHINGLES LAVATORY _ '^C1A9 19
WOOD SHINGES KITCHEN SINK y
SLATE NO PLUMBING _
TAR 6 GRAVEL STALL SHOWER _
ROLL ROOFING MODERN FIXTURES t
TILE FLOOR O
TILE DADO
6 FRAMING 1 1 HEATING ^ Z
WOOD JOIST LCONDITIONING
RNACE .rpw StS^y(�..��{
T AIR FURN.
TIMBER BMS. ►p
STEEL BrMi�rCOLS. OR VAPOR
WOOD RAFTERS TIONING
'T'G
ERS -
7 NO. OF ROOMS
OIL
B'M'T 2nd ELECTRIC
1st �j 13rd I NO HEATING `y
4t. c��c
ti.
_� �� �✓ � �..� V V � 4 i � LJ V � v � --.r � l.J � 1�� �Jl �.J L
y
- - - _
�Irl
Nil
i
U A)/ tic a-,o(,�_ o2 x f
�. S /f7r--/0 c l v -... .S H-d w 0C4—t /9-u 1.�>
a-4 dx to /S�.%L�•
f
a
3
i
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i
2 � �-/,ems_ ►�La-`.'� l�a��-��� T��s?s c3�� �-�-
i.L c I —. - - -
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FORK U 10Z REM=
INSTRUCTIONS: This form is used to verify that all necessary
approvals/permits from Boards and Departments having jurisdiction
have been obtained. This does not relieve the applicant and/or
landowner from compliance with any applicable local or state law,
regulations or requirements.
****************Applicant fills out this sect-4on*****************
, ,,---APPLICANT: FQ&(L Iasi Phone&3)q6-�110050
LOCATION: A-S=csor' s Man Number Parcel
v/'Suhd-4vision Lot(s)
St. Nu-.=er 937
Use
RECOMMENDATIONS OF TOWN AGENTS:
Date Approved
Cons Administrar-cr Date Rejected
Cc=en---=
(I 11A Date Approved Ll
T(:Mn P1 an-n'e_ Date Re ected
Co=ents /t) /fp L'a 'S'
Date Approved
Fccd -1th Date Re-J ec-:a--;
Date Approved
Date Re-i --;ecte
J
Cori...__..
I ", c W c r L:s - S e e r/w a r-e r c n n e c t i c n s
- drivewa,, pe-r-mit-
F' re Denar=ment
Received by Building inszector Date
CERTIFIED FOUNDA T/ON PLAN
LOCATED IN NO, ANDOVER , MA
SCALE:/". _40' DATE -9l1f 94
Scott L. Gi/es R.L.S.
50 Deer Meadow Road
North Andover,Mass.
i
S
1
pp 0 9
46,OO8 S.F
oaf it
EXIST. FOUND.
.t
LOT l0 O LOT 8_
d
£5'
� 1
i
``R, 640'L,=82.67
L7 A L ,�` S T RED°' r
/ CERTIFY THAT OFFSETS SHOWN ARE FOR THE USE
THE OFFSETS OF THE 8UIL DING/NSPEC TOR ONLY
SHOWN COMPLY AND SUCH USE IS FOR THE
WITH THE ZONING DETERMINATION OF ZONING
8Y LAWS OF CONFORMITY OR NON--CONFORMITY 397�4
&0, ANDO VERSA. WHEN CONSTRUCTED,
WHEN BUIL T. 4
23
o
wn of over
No. 364 ' �
0 ' �: ,:.North. Andover, Mass., Pict i t. Cr 44 1917 --
PERMIT. T L %` BOARD OF HEALTH
Food/Kitchen
LD Septic System
• . --.....� BUILDING INSPECTOR
THIS CERTIFIES THAT............................I t�•N.1. .......!t.�—` .... ...... Foundation D,of' 1 9—"t 5-9
has permission to erect..................... .............. buildings on ....... .�7 ... ........ .... Rough o,�- I
• • Q Chimney
to be occupied as...S!. `.. . �-... .�1,W.4PaU` . ....�� ...." ............................. . ....... .......
provided that the person accepting this permit lhall in every respect conform to the terms of the application on file in Finar,�
this office, and to the provisions of the Codes and By-Laws relating to the Inspection t9iftRgWMAN*6iLY
Buildings in the Town of North Andover. RE6UI,ATFD BY P11RA. 114.&S. B.C. PLUMB NG INSPECTOR
VIOLATION of the Zoning or Building Regulations Voids this Permit.
DATE FEE PAtDPER J11
Ir'° a tf
4 _ r ELE,� ICALI INSPECT
PERMIT FOR FRAMEfBUI�.DING;�� �:;���`�1.> 1��\�_}�F : � ����� - r����•I� �.� QRough ; ,, G
r Dr &SeceDATE. ' � EE PAID ........................................BUILDING INSPECTORI �� �C•� � ,�
0c(-uPaiit__}' 1} GAS INSPECTOR
Rough
Display in a Conspicuous Place on the Premises Do Not Remove Final
No Lathing or Dry Wall To Be Done
Until Inspected and Approved b the Building Inspector FIRE DEPARTMENT j
PC p P y 9 p Burner ---� ''
} ``� � Street No. -
PLANNING FINAL CONSERVATION F N /
J Smoke Det.,7 -
SEWER/WATER FINAL DRIVEWAY ENTRY PERMIT6
ry
24
co`3;'to HAT I I I I ;o AN '95
MASSACHUSETTS
Statute Harm of
A•
(INDIVID,UAL)
r T
TO
{
r�L !J
19—
at o'clock and minutes m.
Received and entered with
Deeds
Book Page
m
0-
Attest:
O
Register C
a
FROM THE OFFICE OF to
O
m
a
r
RETURN TO -� I
FORM 861 L
REVISED CHAPTER 497-1999-727-1990
He<W Hoew 6 WARREN-
MASSACHUSETTS QUITCLAIM DEED SHORT FORM UNDIVIDUALI 881
Joan M. Cashman
of North Andover, Essex County,Massachusetts,
being unmarried,for consideration paid,and in full consideration of ONE HUNDRED FIFTEEN THOUSAND
AND 00/100 ($115,000.00) DOLLARS
grant to Glenn T. Saba
of P.O. Box 907, Methuen, MA 01844 with tjuttrlatM tOutuwU
XWKXAM
[Description and encumbrances,if any]
That certain parcel of land situate in North Andover, Essex County,
Massachusetts known as Lot eleven (11). All of said boundaries are determined by
the Court to be located as shown on Plan No. 40905D, drawn by Thomas E. Neve
Associates, Inc., Surveyors, dated May 1, 1987, filed in the Land Registration
Office, a copy of a portion of which is filed with Certificate of Title No, 10536,
Book 76, Page 149.
Said premises are also conveyed subject to the rights of the Owners of Lot
Nine (9) and Ten (10), their heirs, executors, administrators, successors and
assigns to pass and re-pass, by foot or by farming or gardening equipment, over the
area situated adjacent to the land of said Carleton and designated on said Plan as
"EASEMENT FOR PASSAGE (201 WIDE)". Said Easement shall provide said Owners, their
heirs, executors, administrators, successors and assigns with a right of access to
W
and from Lot Nine (9) and Ten (10) to Lot Sixteen (16).
0° Being the same premises, title to which is registered in my name in the
Registered Land Section of the Northern Registry District of Essex County,
Massachusetts in Certificate of Title No. 11916, in Book 90, Page 69.
witness my hand and seal this l Oth day of May , 1995
CT 4f1.fJM/YN.(j../LT�
`OAN M. CASHMAN
Ghe( uannonlocaltll of Massuchusetts
Essex, ss. May 10 1995
04
Then personally appeared the above named Joan M. Cashman
and acknowledged the foregoing instrument to be her free act and deed before me
Q�11Q.E.'Y Notary Pub {
My commission expires 3/5/2000 )i:
('Individual—Joint'Cenants—Tenants in Common.)
CHAPTER 183 SEC.6 AS AMEN DED BY CHAPTER 497 of 1969
Every deed presented for record shall contain or have endorsed upon it the full name,residence and post office address of the grantee
and a recital of the amount of the full consideration thereof in dollars or the nature of the other consideration therefor,if not delivered for a
specific monetary sum.The full consideration shall mean the total price for the conveyance without deduction for any liens or encumbrances
assumed by the grantee or remaining thereon.All such endorsements and recitals shall be recorded as part of the deed.Failure to comply
with this section shall not affect the validity of any deed No register of deeds shall accept a deed for recording unless it is in compliance with
the requirements of this section.
25
r
I �
UIL T
CERTIFIED F0 ",��J.r:
j LOCATED IN NORTH ANODVER, MA.
SCALE: ! --40
I�
Scott L. Giles R L-5 8124195
50 Deer Meadow Rood
North Andover,Mass.
o LOTH
4 6,03 4
N
AS—BUILT ELEVATIONS c
INV,OUT HSE.=I00.40
IN TANK= 99.80
OUT TANK=99.63
IN D.BOX=99. 40 pc
OUT D. BOX=99.23 /2
END PIPE=98.9912 ` EXISTING r s,
BUILDING
T.O.W.=IO
31
' 65 7' 0�
TANK ` LOT /G
O.BOX
1504
` 20
150. 00, __' B.M. CONC. SLAB=I0000
Q ALE STREET
' Cic:R T1FY THAT OFFSET,- 5H0:1iV A , �"-
T �f OFFSETS OF THE SUIL 011"/O
.)WoW/V COWL Y AND 5UC1-r` (J5'v-/S FU, i
OVI rH THE20N/NG
3972
q SY LAi'4..J OF 1..��Vr��,`�a�/"I�.TC✓!r � �� v.r4 ! / `J., �, ,,.+�`.�._ '',,;,�'
SI �..U3.L 47 !JI] OVFR WHE/V r.! 1 l,_7 / I+ CJ / ' „r
'v s!,rz_T MA. 61 1 195
8124195
NORTH
Town of 4 LAndover
0
No.
�fl`- `A-E dover, Mass., 19` '
110
C OC MIL t1E WICK y�.
AERATED
BOARD OF HEALTH
PERMIT T D Food/Kitchen
Septic System,
W_ BUILDING INSPECTOR
THISCERTIFIES THAT.... ! ... 4&�. 0........................................................................................................... Foundation
has permission to erect...U)00'.b...M.M Lbuildings on...L .. ....1.&.p.......+.,?..k�.T......................................... flog `7 1 t C l
to be occupied as..�t. ..btlE....�'aga11 ^��u��..tn Z.. :�+11.�.... '�
/� �/{���' {
�� a�.� . . .. .M�11Gl1vJZ.............................. tmn y
provided that the persontaccepting this permit shall In every�espe t onform to the terms of the application an file in Final
this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of
Buildings in the Town of North Andover. PERMIT FOR FOUNDATION ONLY PLUMBING INSPECTOR
VIOLATION of the Zoning or Building Regulations Voids this Permit. REGULATED BY PARA. 114.8•S. B.C. 6)4 6 -'�9
PERMU EXP M t FEE PAID Final
ELECTRIC SP CT
UNLESS CO STRU T � �
PERMIT FOR FRAME/BUILDING
- - u 71
......... ..... ......... - ............ Service
DATE; FEE PAID'' I' BUILD INSPECTOR
Final
Occupancy Permit Required to Occupy Building GAS INSPECTOR
Display in a Conspicuous Place on the Premises — Do Not Remove Rough
Final
No Lathing or Dry wall To Be Done FIRE DEPARTMENT
Until Inspected and Approved by the Building Inspector.
oop Burner
PLANNING �ta� CONSERVATION FINAL street No.
Smoke Det.
SEWER/WATER FINAL DRIVEWAY ENTRY PERMIT __
CERr1FIED ` FOUNDA rION PLAN ,-
LOCATED IN NORTH ANDOVER MA. `
SCALE I"= 40' DATE 611195
. Scott . Gi/esRL,S
9
54 Deer Meadow Rood +
' 'No1'h Andover;Klass.
LO T �1
. 46,034
434
-LO6
r--r
'EXISTING
BUILDINGIN v
if .
55 �0
LOT iO
150.00
DALE STREET
/ CERTIFY THAT OFFSETS SHOWNAR6"FOR THE USE
f
THE OFFSETS . - OF THE BUIL DING IIVSp,�'C TOR ONLY
SHOWN COMPLY AND SUCH USE IS FOR THE
WITH THE ZONING Dk rERM/NATION OF ZONING �
CtRip
' BYLAWS OF CONFORMt T Y OR NON-CONFORIs9I TY
,NQRTN =Q,lln? WHEN CONSTRUCTED. �
WHEN BUIL T. MA.
/95.. _'
26
�s
CERTIFICATE OF USE & OCCUPANCY
Town of North Andover
Building Permit Number Date �� �-''c�•L' �9J��
THUS CERT S THAT
THE BUILDING LOCATED O �" 7`-� 2"
MAY BE OCCUPIED AS S IN ACCORDANCE
WITH THE PROVISIONS OF THE MASSACHU TTS STATE BUILDING CODE AND
SUCH OTHER REGULATIONS AS MAY APPLY.
' .
o<< ,.. +,o CERTIFICATE ISSUED TO - - ,,��„�a,�./_
ADDRESS
A us (14u—ddingInspector
t\
4
� NORTN
Town of ` dover
No. ,
LAKE � dower, Mass., � �.. f
19
yR ICHEW
0.4TEp ApP
BOARD OF HEALTH
Food/Kitchen
PERM T
I T Septic Systen����
THIS CERTIFIES THAT..............................................> 14.2`. .lti;.a ........ BUILDING INSPECTOR
4 .........................................................
Foundation
has permission to erect....................... .. buildings on ~.. •• '�`
. ..........,....... ... � .
to be occupied as...............................................':,,..z,``�..r./ �5................ Chimney
provided that the person accepting this permit shall in every respect conform to the terms the application on file in
this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of Finat4j,f '
Buildings In the Town of North Andover.
PLLTYBIN INS
VIOLATION of the Zoning or Building Regulations Voids this Permit. ou `j�C f�
PV.MIT EXPIRES IN b MONTHS
UNLESS CONSTRUCTION STARTS >. rECTRIC SP
-� A-
ug
...................
BUILDING INSPECTOR
Occupancy Permit Required to Occupy Building
g G
ou KI apt
Display in a Conspicuous Place on the Premises — Do Not Remove a 9r
� e
No Lathing or Dry Wall To Be Done
Until Inspected and Approved by the Building Inspector. FI DEPARTMENT
Burner
Street No. n le cA�'� ,8/rN
Smoke Det. /Y) �'oZ
J
�k
it
1 /0
-�
•� JipCatlon �
No. Date
"ORTN TOWN OF NORTH ANDS FER
Certificate of occupancy $
st Building/Frame Permit Fee $
CIM440-.4.
s " ° A
CMU Foundation Permit Fee $
Other Permit Fee $
f
Seger Connection Fee $
} later Connection Fee $
TOTAL s -�
gualdiin nspe r
PAID
" 0"10 '0
Div. Pudic Works
Location
No. A0007 Date E
t 0 RTN TOWN OF NORTH ANDOVER
t Certificate of Occupancy41
$ .,. �. ►
�0 Building/Frame Permit Fee $
Foundation Permit Fee $
{� r
Other Permit Fee $
A. , Sewer Connection Fee $
Water Connection Fee $ - -T
TOTAL $
,&flding Inspector
Div. Public Works
APPL"TION FOR PERMIT TO BUILD -- N(jttt" ^hLouvilt, mu►vb.
MAP#40.p yL-i C. L-OT NO. i Z It RECORD OF OVVNERSMIP JD^TE BOOK At✓ J
S€flN SUB DIV. LOT NO.
ft Z! Y` ?`7
OCATION r PURPOSE OF BUILDING
OWNER-f NAMC NO.OF STORIES size 2 ,�
OWHCR-S ADDRESS 't AM
M SAfeMKNT OR Si.A! 7
-
ARCHITECT'S NAME, V +( �f' SIZE OF FLOOR TIMOCRS EST )L 1 0 !ND ^� �. SAO �7 X f
SUILOCR-S NAME CC-A7-L) V L1I t �f -,T-, SPAN S� C.
O/STANCE TO NEAREST BUILDING UU >< f !> DIMENSIONS OF SILLS X L
DISTANCE FROM STREET ,r - POSTS
DISTANCE FROM LOT LINES- SIDES11 �„a REAR �� GIRDERS
AREA OF LOT Y _....33 FRONTAGC !P'i`3 �'1_ -- HEIGHT OF FOUNDATION THICKNESS
IS BUILDING NEW t � �v K- - SIZE OF FOOTING x 0
IS BUILDING ADDITION MATER:AL OF CH164MET o o� ,
IS BUILDING ALTERATION - IS BUILDING ON SOLID OR FILLED LAND �• ��
WILL BUILDING CONFORM TO REQUIREMENTS OF CODE ye< Is BUILDING CONNECTED TO TOWN WATER e
BOARD OF APPEALS ACTION, IF ANY IS BUILDING CONNECTED TO TOWN SEWER ' v
16 BUILDING CONNECTED TO NATURAL GAS LINO
INSTRUCTIONS 2 PROPERTY INFORMATION
LAND COST J �
SEE BOTH SIDES !
CST, SLOG. COST
LOT. BLDG. COST PLR &Q."-IFT. � l
PAGE I FILL OUT SECTIONS i - _ �� I
EST. SILOG. COST I" ROOM
PAGE 2 FILL OUT SECTIONS I - 12
SEPTIC l[RMIT NO.
ELECTRIC METEPS MUST BE ON OUTVIDE OF BUILDING 4 APPROVED BY
ATTACHED GARAGES MUST CONFORM TO STATE FIRE REGULATIONS
PLANS MUST SE FILED AND APPROVED BY BUILDING INSPECTOR
DATE FILc
lLlt3lMQ INSPcCTOR
SIGNATLfRIE OF OWNER CA AUTHORIZZD AGENT
Owners Tel 4ici7�� �S'•4�y3 7
fT E E ci
_- {Contract Teri "
lKJUiIT aRAMEa t .
=--` Contra. Lic #
j< a� VXM Lo +
z -;
�. - - - -
GENERAL BUILDING NOTES/CHECKLIST 8/95
POST ALL LOT NUMBERS AND PERMITS (copy ok) . .or no insps.
INSPECTIONS: (Minimum) Excav, Ftg, Fnd, Frame, Insul, Final.
FOOTINGS: Continuous
Full 2x4 Keyway
Continuous strip footings for interior piers
FOUNDATIONS : Rebar as required
Anchor bolts or straps
Damproofing
Foundation drain- pipe/stone/fabric filter cover
FRAME: Fireblock - over -irts/plates between floor joists
Penetrations for plumbing, heat, elec, etc.
Walls at stair stringers.
Windbrace corners and center bearing partitions.
Size ridge to provide full bearing at rafter cuts.
Hip and Valley rafters- watch bearing at walls.
Ridge & Hip-- Provide proper connections.
Cathedral roof rafters- Use "Hurricane Clips" tie to plate.
Stair stringers- watch cuts and heal support
Joist hangers- fully nailed w/ hanger nails.
Sill plates 2-2x6 ( 1pt) w/ sill seal .
Girts- solid brick or steel plate bearing at foundations
1/2" air space at sides in foundation pockets.
Lateral bracing at ends .
Certified talcs . required for Beams/LVL's/Trusses.
Solid bearing support for Headers/Beams etc.
Check headroom clearances- stairways, under beams.
Attic Access . (min. 22x30 w/3 'headroom above) .
Crawl space access . (min. 18x24)
Bath exhaust fans to have metal duct.
Firecode S/R wood frame of "0" clearance fireplaces & stoves
Window Schedule or Every Habitable Room Must Have:
Natural light equal to 8% of floor area.
1/2 of required glazing shall be openable.
Bedrooms require min. 20x24 egress window or door.
Vent attic spaces- "proper vents" , soffit and required ridge vents
Firecode under stairs if used for storage.
FIREPLACES: Separate permit required.
Inspections at Footing - Smoke Chamber - Finish
Smooth parging, clean joints, 8" solid @ combust. surf.
DECKS: Lag to house, provide flashing.
Rails min. 36" high, Balluster max space 611.
Over 8' abv. grd. , use 6x6 posts w/ lateral bracing.
Lag all posts and rails.
Pier footings down 48", Conc. pad at stair base.
FINISH: Handrails returned to wall/newall post.
Guardrails required alongside open cellar stairs.
Exterior grading complete.
Ready to move-in
CERTIFIED PLOT PLAN
LOCATED IN NORTH ANDOVER, MASS.
SCALE.-I"=50' DA TE.-4117198
Scott L. Giles R.P.L.S.
Frank S. Giles
50 Deer Meadow Road
North Andover, Mass.
Od
1XI 1.?00,
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I CERTIFY THAT OFFSETS SHOWN ARE FOR THE USE
THE OFFSETS OF THE BUILDING INSPECTOR ONLY 0 OF
SHOWN COMPLY AND SUCH USE IS FOR THE
WITH THE ZONING DETERMINATION OF ZONING zi
BYLAWS OF
NORTH ANDOVER CONFORMITY OR NON-CONFORMITY
WHEN BUILT WHEN CONSTRUCTED. r LAND
27
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Joan M.Cashman and Ellen Sweeney,Trustees of the Cashman Realty Trust,u/d/t dated
November 21, 1988 filed and registered with the Records of Registered Land in the Northern
Registry District of Essex County as Document No.46403
for consideration of$135,000.00 paid
grants to Century Builders, Inc. , a Massachusetts corporation
of P.O. Box 907, Methuen, MA 01844
with QUITCLAIM COVENANTS
Ln
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00
A certain parcel of land situate in North Andover,Essex County,Massachusetts bounded and
described as follows:
Northwesterly by Dale Street in two courses,81.74 feet and 68.26 feet;
> Northeasterly by Lot#6 and Lot#13,243.00 feet;
0
< Southeasterly by Lot#16,232.64 feet;and
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0 Southwesterly by Lot 911,in two courses,65.00 feet and 204.23 feet.
All of said boundaries are deter-mined by the Court to be located as shown on Plan No.40905D,
drawn by Thomas E.Neve Associates,Inc.,Engineers,Surveyors,Land Use Planners,dated
�4
May 1, 1987,revised April 18, 1988,as modified and approved by the Court,filed in the Land
Registration Office,and being designated as Lot#12 thereon.
Being a portion of the premises conveyed to us by deed of Joan M.Cashman,Ellen Sweeny and
Ln John C.Oakley,Trustees of the Odelle F.Cashman Trust registered with Essex North Registry
r-
00 of Deeds as Document No.46404,Certificate of Title No. 10637,Book 77,Page 153.
Witness our hands and seals this 'Sr* day of March, 1998.
-P
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CASHMAN REALTY TRUST
By: �n
�4 iq�4 M.Cashman,Trustee
ro
ra
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-P Ellen Sweeney,Trustee 7
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0 COMMONWEALTH OF MASSACHUSETTS
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Essex,ss. March 4', 1998
Then personally appeared the above named Joan M.Cashman and Ellen Sweeney,Trustees as
aforesaid and acknowledged the foregoing instrument to be their free act and deed,before me
Jon
Oakley,Notary PubV
My Commission Expires:3/5/2000
28
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JOAN M. CASHMAN REVOCABLE TRUST
This indenture of trust is made this 4'h day of April, 2012 by Joan M. Cashman as Donor and
Joan M. Cashman as Trustee.
The Donor and the Trustee agree as follows:
ARTICLE I. NAME OF TRUST. This trust shall be known as the "Joan M. Cashman
Revocable Trust".
ARTICLE I1. AMENDMENTS; RE,VOCATION. The Donor shall have the right to amend
or revoke this instrument in any respect as often as desired, in whole or in part, at which time the
property then held in trust, or the portion of it to which any amendment or revocation applies,
shall be transferred in accordance with the directions of the Donor.
ARTICLE III. TRUST PROPERTY. The Trustee agrees with the Donor that she will hold all
property now or later transferred by any person to her as Trustee in accordance with the terms
and provisions of this indenture.
ARTICLE IV. DISPOSITION OF TRUST PROPERTY.
Section A. Disposition During Donor's Lifetime. During the Donor's lifetime,the
Trustee shall make such payments of trust income and principal to the Donor(or to the Donor's
order) as the Donor may direct from time to time. If, in the opinion of the Trustee, the Donor
shall be incapable, by reason of absence, illness or any other cause, of managing her own affairs,
the Successor Trustees (hereinafter"Trustee")may, without the Donor's consent,pay so much of
the net income and principal to or for the benefit of the Donor as the Trustee, in her discretion,
shall deem proper. Said provision shall not fail despite the fact that the Trustee and Beneficiary
are one and the same person.
The Trustee may rely upon the certificate of an attending physician as to the Donor's incapacity.
Section B. Disposition on Donor's Death. Upon the Donor's death, the property held
by this Trust shall be distributed as follows:
1. The Donor may leave a Memorandum concerning the disposition of certain items
of tangible personal property, any items not so disposed of pursuant to this
Memorandum shall be distributed or sold as the Trustee he her sole and absolute
discretion shall determine, any decisions with regard thereto shall be binding and
conclusive.
2. The Trustee may, at anytime after the death of the Donor, sell any real estate of
the Donor, upon such terms and conditions as the Trustee, in the Trustee's sole
and absolute discretion,deems advisable, and the net proceeds thereof and all
remaining assets held in Trust shall be distributed in accordance with Section B.3,
below..
3. Upon the death of the Donor the Trustee shall distribute all principal and income
of the Trust, free and clear of Trust, as follows:
A. One-third (1/3`d) share to the Donor's daughter, Ellen Cashman, if surviving;if
not surviving then to her surviving issue, in equal shares, and by right of
representation, but subject to the provisions of Article V, below; and
B. One-third (1/3`d) share to the Donor's son, Andrew Cashman, if surviving if not
surviving then to his wife,Holly Cashman, if surviving, and if not surviving,then
to his surviving stepchildren, Jacob San Antonio and Beth Smith, in equal shares,
and by right of representation; and
C. One-third (1/3`d) share to the Donor's daughter,Patricia Cashman Connolly,if
surviving;if not surviving then to her surviving issue,in equal shares, and by
right of representation; but subject to the provisions of Article V, below.
ARTICLE V. TRUSTS FOR CHILDREN. Each share of property directed to be distributed
to a person under twenty-one (21)years of age, shall be held in trust under this Article and shall
be administered as a separate trust and paid for the benefit of the individual it represents(the
"beneficiary")as follows:
(1) Term. Each trust shall terminate when the beneficiary attains age twenty-one (21)years
or sooner dies, or upon the earlier distribution of all the trust property in accordance with
this Article.
(2) Payments During Trust Administration. During trust administration the Trustee shall
have discretion to make payments of trust income and principal to or for the benefit of the
beneficiaries for health, education or support. Within sixty(60) days after the end of
each fiscal year, unpaid trust income shall be added to trust principal.
(3) Payments on Trust Termination. On trust termination, the Trustee shall pay the
remaining trust property to the beneficiary outright and free of trust, if living. Otherwise,
the remaining trust property shall be paid by right of representation to the beneficiaries'
surviving siblings, if there are none, to the Donor's then living issue by right of
representation,provided that the share of any individual for whom a trust is then being
administered under this Article shall be added to that Trust for administration as a part of
it. If no issue of the beneficiary or of the Donor is living on trust termination, the then
remaining trust property shall be disposed of under Article VI as if the Donor had then
died and was not survived by any issue.
ARTICLE VI. ULTIMATE DISPOSITION. Whenever property is directed to be
distributed under this Article, it shall be paid to those persons who,under Massachusetts law
in force at the time of the Donor's death, would have inherited the Donor's personal estate
2
had the Donor died at the time such amount become distributable, intestate, and a resident of
Massachusetts, and in the proportion provided by Massachusetts law.
ARTICLE VII. ADDITIONAL DISPOSITIVE PROVISIONS.
Section A. Principal Distribution. Each power granted to the Trustee to distribute
principal is expressly intended to authorize the Trustee to distribute the entire principal of the
trust.
Section B. Payments of Debts and Taxes. The Trustee may pay to the legal
representative of the Donor's estate, as an expense of administration, such sum or sums as the
legal representative may certify to be due and payable from the estate of the Donor for debts,
funeral expenses, administration expenses and legacies (other than residuary) under the will
of the Donor. The Trustee is directed to pay any amounts certified by the legal representative
of the Donor's estate as due for state or federal estate taxes (including penalties on any death
taxes). The certification of the legal representative as to the amount of such debts,funeral
expenses,taxes, administration expenses and legacies shall be sufficient authority to the
Trustee to pay the same, and the Trustee's judgment as to such payments shall be binding and
conclusive upon all parties. If no petition has been filed for the appointment of a legal
representative within ninety(90) days after the death of the Donor,the Trustee may pay any
of the Donor's debts,funeral expenses, taxes,administration expenses and legacies that the
Trustee in her absolute discretion deems advisable to pay. To the extent possible, no payment
under this Section shall be made from any item of property if making a payment from that
property would subject it to state or federal estate taxes which would otherwise not be
payable.
ARTICLE VIII. DEFINITIONS. The following definitions shall be applied in interpreting
this indenture:
I. The term "trust property" or"property", unless otherwise characterized or defined for
a specific purpose, shall mean the remaining balance,from time to time, of all of the
property held in trust under this instrument,wherever such property may be situated,
whether it is real,personal or mixed, and regardless of whether such balance includes
property which was originally trust principal or the proceeds of original trust
principal.
2. Where necessary for the proper meaning to be given to any term used in this
indenture, words denoting one gender shall include the other genders,the singular
shall include the plural and the plural shall include the singular.
ARTICLE X1. TRUSTEE'S POWERS. Except to the extent specifically limited by other
provisions of this instrument, the Trustee,in addition to and not in limitation of common law and
statutory powers, shall have and may exercise the following powers, without resort to, or order or
license of, any court:
1. to retain any property that becomes a part of this trust,for whatever period the
Trustee shall deem proper, without regard to the principles of diversification and
without being limited to property authorized by law for trust investment;
3 (�'
2. to sell, lease or give options to purchase any property of the trust, real or personal, at
public or private sale, for such consideration and upon such terms (including credit)
as the Trustee shall determine;
3. to invest and reinvest in real and personal property, including, without limitation,
stocks, bonds, notes, mortgages,partnership interests and common trust funds, as the
Trustee shall determine, without being limited to property authorized by law,and
without regard to the principles of diversification;
4. to determine how all stock and cash dividends, rights and other receipts, and all
disbursements for whatever purpose, shall be credited to, charged to, or apportioned
between principal and income; to determine whether any discounts shall be
accumulated; and to determine whether to add to principal any portion of dividends
received on wasting investments and interest received on bonds purchased at a
premium;
5. to borrow money, with or without security, for any purpose of the trust, on such
terms as the Trustee shall deem appropriate, and to mortgage or pledge property of
the trust for the purpose of securing any loan;
6. to lend funds to the legal representative of the Donor's estate on such terms as the
Trustee shall deem appropriate, and to purchase assets from the Donor's estate at
such prices as the Trustee shall agree to;
7. to lend money to any beneficiary who at the time of the loan is entitled or eligible to
receive distributions of income or principal from the trust, on such terms and at such
rate of interest(or without interest)as the Trustee shall deem appropriate;
8. to hold any asset of the trust in bearer form or in the name of a nominee, without any
indication of fiduciary capacity; and to deposit securities in a securities depository
within or outside of Massachusetts;
9. to employ investment advisors, legal counsel, tax advisors, accountants, custodians
and other agents, and to pay them reasonable compensation as an expense of the
trust;
10. to pay over any money or property distributable to a beneficiary under a legal
disability, or distributable to a beneficiary who,though not adjudicated incompetent,
is in the Trustee's opinion not able to administer such amount properly, in any one or
more of the following ways:
a. directly to the beneficiary;
b. to the beneficiary's legally appointed guardian;
c. to a parent of the beneficiary;
d. to a custodian of a minor beneficiary under the Massachusetts Uniform Transfers
to Minors Act or a similar act of another jurisdiction; or
e. by applying such amount for the benefit of the beneficiary; and the receipt of the
person to whom such money or property is paid shall be a full and complete
4
discharge to the Trustee. The Trustee may also hold any property payable to a
minor as a vested trust for that minor, retaining legal title to the property and
paying trust income and principal to the minor for health, education, support and
well-being until the minor comes of age or sooner dies, and then paying the
remaining trust property to the minor or to his or her estate; and
11. to delegate fiduciary powers to a single Trustee for any period when more than one
Trustee is serving.
ARTICLE X. GENERAL PROVISONS. The following provisions shall apply to each trust
established by this indenture:
I. Spendthrift Clause. No trust beneficiary may sell,pledge or otherwise transfer any
part of his or her interest in trust income or principal, and the Trustee shall not
recognize any attempted transfer. The interest of a beneficiary in trust income and
principal shall not be subject to being taken by his or her creditors by any process
whatever.
2. Limitation on Trustee's Liability. No Trustee shall be held personally liable by
reason of any action taken,suffered or omitted in good faith.
3. Trustee's Bonds. No bond or surety shall be required of any original or successor
Trustee.
4. Liability for Actions of Prior Trustees. No Trustee shall be responsible for the acts
or omissions of another Trustee. Each additional or successor Trustee shall not be
liable for any acts or omissions of any Trustee prior to the time he or she became a
Trustee.
5. Powers of Successor Trustees. The incumbent Trustee shall have all of the title,
powers and discretion granted to the original Trustee, without court order or act of
transfer.
6. Rights and Obligations of Third Parties. If any Trustee discloses fiduciary
capacity in dealing with any person, then that person shall have no claim against the
Trustee as individuals, but only against the trust property.Anyone may rely on any
statements of facts certified to by any Trustee. Whenever the Trustee acts pursuant to
authority contained in this indenture or under law, third parties may rely on such acts
without inquiry. No one dealing with the Trustee need see to the application of any
money paid or property transferred to or upon the order of any Trustee.
7. Survivorship of Beneficiaries. If any beneficiary shall die simultaneously or under
such circumstances that the order of death with respect to the Donor cannot be
established, or if such beneficiary is not living thirty(30) days after the date on which
any distribution or principal conditioned on the beneficiary's survival to that date is
required, such beneficiary shall not be deemed to have survived the Donor or to have
been living on the'date specified for the distribution
5
8. Successor Trustees,Resignation,Limitation. The Donor appoints the said Ellen
Cashman, as initial Successor Trustee under this indenture. In the event Ellen
Cashman is unable, unwilling or ceases to serve in such capacity, the Donor appoints
the said Patricia Cashman Connolly as Successor Trustee. The above named shall
also serve as Trustee of the Trust created under Article V for children. In the event
Ellen Cashman and Patricia Cashman Connolly, are both unable, unwilling or cease
to serve in such capacity, the Donor appoints the said Andrew Cashman as Successor
Trustee. The above named.shall also serve as Trustee of the Trust created under
Article V for children, in the same order of succession.
Unless otherwise provided any vacancies in the office of Trustee shall be filled by an
appointment made by the Donor, if available, further vacancies shall be filled by
appointment of the resigning Trustee, or if none, by those beneficiaries then entitled
to receive property under the trust. Otherwise, vacancies shall be filled by a
nomination made to the probate court in which the Donor's estate is administered.
Any Trustee may resign at any time by written instrument delivered to any person
authorized to appoint a successor Trustee.A successor Trustee shall make written
acceptance of office.
10. Governing Law. The validity and effect of this instrument and the administration of
the trusts created by it shall be determined by the laws of Massachusetts.
H. Trustee's Accounts. The Trustee may, and upon request shall, render
periodic accounts with respect to each trust under this indenture to the person or
persons then entitled or eligible to receive the income of the trust who are of full age
and competent and to the legal representatives, if any,then acting for those who are
not, except that no accounts shall be required of the Trustee for the period of the
Donor's lifetime unless requested by the Donor. Such income beneficiary or
beneficiaries shall have the full power and authority to assent in writing to settle
finally any such accounts and, on the basis of such assent, to release the Trustee from
all liability for her acts and omissions as Trustee. Any such assent shall, as to all
matters or transactions stated in such account or shown by it, be binding upon all
persons who are then or who may thereafter become interested in the income or
principal of the trust, including persons then under legal disability, unknown or not yet
in being. The failure of any such income beneficiary to object to any such account by
a writing delivered to the Trustee within ninety(90) days after an account has been
mailed to him or her at his or her address on file with the Trustee or for which the
beneficiary has given a receipt, shall be deemed an assent and shall be binding and
conclusive to the same extent as the written approval provided for above. Nothing in
this paragraph shall be deemed to give the person or persons to whom such accounts
are rendered any power or right to enlarge or shift the beneficial interest of any
beneficiary.
12. Form of Filing. All trust amendments and revocations,resignations of Trustee,
decisions to terminate and appointments and acceptances of successor Trustee shall be
made by written instrument, signed, and filed with the records of the trust during the
lifetime of the person executing such instrument. In addition, trust amendments and
revocations shall be acknowledged.
6
13. Copies and Trustee Certificate. A copy of this instrument and of the writings,if
any, attached to it, certified by a notary public, or a corrected copy of this instrument
purporting to incorporate all textual amendments to date and certified by a notary
public, may be relied on by any person as fully as the original documents themselves;
and any certificate by anyone whom such original documents or such certified copies
indicate to be a Trustee shall be evidence of the facts therein stated, including
statements as to the appointment and status as Trustee of the person executing the
certificate, and any person dealing with such apparent Trustee may rely on any such
certificate dated not more than three months before presentation.
IN WITNESS WHEREOF, the said Joan M. Cashman has hereunto set her hand and seal
as Donor, and as Trustee, and has executed this Amendment of trust this 4'h day of April,2012.
.mac.,.
an M. Cashman
COMMONWEALTH OF MASSACHUSETTS
Essex, ss.
On this 4th day of April, 2012, before me, the undersigned notary public,personally
appeared Joan M. Cashman,proved to me through satisfactory evidence, which was personal
knowledge, to be the person whose name is signed on the herein document, and acknowledged to
me that she signed it voluntarily for its stated purpose, as Donor and Trustee.
JOHN C. OAk.LEY
NOTARY PUBLIC
W
COMMONWEALTH OF MASSACHUSETfS
MY COMMISSION EXPIRES
Jo
hn le
FEBRUARY 7, 2014 y,NO 3' 11C
My commission expires:2/7/2014
JCO:estateplanning/cashman/lrusl
7
29
DoaZ105r478 04-19-2012 9.53
Ctf 16694
Essex North Land COWL Registry
QUITCLAIM DEED
Joan M. Cashman, of North Andover, Massachusetts, in consideration of One ($1.00)
Dollar and other good and valuable consideration paid, grants to Joan M. Cashman,
Trustee of the Joan M. Cashman Revocable Trust u/d/t April 4,2012,pursuant to a
Trustee's Certificate in accordance with M.G.L. c. 184, Section 35 registered herewith,
$4 having a mailing address of 907 Dale Street,North Andover, Massachusetts
y
.�° Reserving to unto myself,the said Joan M. Cashman a life estate, in and to the hereinafter
described property
-P with QUITCLAIM COVENANTS
v
z
A certain parcel of land situated in said North Andover,being shown as Lot 6 on the
hereinafter mentioned plan.
v
as
4JAll of said boundaries are determined by the Court to be located as shown on Plan
40905C drawn by Charles C.Markin Associates, Surveyors, dated August 28, 1984,as
amodified and approved by the Court, filed in the Land Registration Office, a copy of a
A portion of which is filed with Certificate of Title No. 9575, Book 64, Page 66, and being
Lot 6, thereon.
CD
rn
Title to said premises is registered in my name, in said Registered Land Section of the
Northern Registry District of Essex County, in Certificate of Title No. 9575. in Book 66,
Page 305.
Witness my hand and seal this 0 day of April, 2012.
6eaw�k aa�m��
M. Cashman
COMMONWEALTH OF MASSACHUSETTS
Essex, ss.
On this 0 day of April, 2012, before me, the undersigned notary public,
personally appeared Joan M. Cashman,proved to me through satisfactory evidence of
identification,which was personal knowledge,to be the person whose name is signed on
the preceding or attached document, and acknowledged to me that she signed it
voluntarily for its stated purpose.
hn akley,`4Rotary Public
JOHN C. OAKLEY My commission expires: 2/07114
* NoTARr Pumic
COMMONWEALIH OF MASSACHUSETTS
V MY ConemwoN Wins
FEBRUARY 7, 2014
Kathy:Casbn=deed
Doc: 145s478 04-19-2012 9-53
ct f : 16694
Essex North Land Cart Resistry
30
Doc- 1p5s48O 44-19-2012 9-53
Ct f iar,s 16695
Essex north Land Court Resistrg
QUITCLAIM DEED
Joan M. Cashman, of North Andover, Massachusetts, in consideration of One ($1.00)
Dollar and other good and valuable consideration paid, grants to Joan M. Cashman,
Trustee of the Joan M. Cashman Revocable Trust u/d/t/April 4, 2012,pursuant to a
Trustee's Certificate in accordance with M.G.L. c 184, Section 35, registered herewith,
having a mailing address of 907 Dale Street,North Andover, Massachusetts
a�
0 Reserving to unto myself,the said Joan M. Cashman a life estate, in and to the hereinafter
ra
described property
4J
o with QUITCLAIM COVENANTS
z
A certain parcel of land situated in said North Andover,being shown as Lot fifteen (15)
a�
on the hereinafter mentioned plan.
Cn All said boundaries are determined by the Court to be located as shown on Plan 40905D,
�
drawn by Thomas E.Neve Associates, Inc., Surveyors, dated May 1, 1987,filed in the
4J Land Registration Office of the Northern Registry District of Essex County, a copy of a
portion of which is filed with Certificate of Title No. 10536, Book 76,Page 149.
Title to said premises is registered in my name, in said Registered Land Section of the
Northern Registry District of Essex County, in Certificate of Title No. 9575, in Book 66,
Page 305.
Witness my hand and seal this 0 day of April,2012.
L4�c�
an M. Cashman
COMMONWEALTH OF MASSACHUSETTS
Essex, ss.
On this 4th day of April, 2012, before me, the undersigned notary public,
personally appeared Joan M. Cashman,proved to me through satisfactory evidence of
identification,which was personal knowledge, to be the person whose name is signed on
the preceding or attached document, and acknowledged to me that she signed it
voluntarily for its stated purpose.
Ss JOHN C. OAKLEY
NW
OTARY PUBLIC
iM�COONWEALTH OF MASSAO"EM Jo C. akley,Notary Public
MY COMMESsION ExPiRES My commission expires: 2/07/14
FEBRUARY 7, 201A
Kathff ashmandcc&
DOC: 145s480 04-19-2012 9:53 Gtf t= 1bb95
Essex North Land C"t Resistry
31
Doc: 122 , 182 06-02-2020 12 : 04
Ctf# : 18421
QUITCLAIM DEED
Ellen Cashman, Successor Trustee of the Joan M. Cashman Revocable Trust,u/d/t April 4, 2012,
pursuant to a Trustee's Certificate in accordance with M.G.L. c 184, §35 registered and filed
with the Essex North Land Court Registry and Joan M. Cashman, Individually,being unmarried,
of North Andover, Massachusetts
for consideration paid in the amount of FIVE HUNDRED FIFTY THOUSAND AND 00/100
DOLLARS ($550,000.00)paid
grant to Christine Leidner and John C. Leidner, Trustees of The Christine Leidner Trust,u/d/t
a: dated July 28, 2006 as evidenced by a Trustees' Certificate pursuant to M.G.L. c, 184, §35 filed
o with said Essex North Land Court Registry,herewith, having a mailing address of 907 Dale
Street,North Andover, Massachusetts 01845
c with QUITCLAIM COVENANTS
z
P A certain parcel of land situated in said North Andover, being shown as Lot 6 on the hereinafter
co mentioned plan.
q All of said boundaries are determined by the Court to be located as shown on Plan 40905C
o drawn by Charles C. Martin Associates, Surveyors,dated August 28, 1984, as modified and
approved by the Court, filed in the Land Registration Office, a copy of a portion of which is filed
with Certificate of Title No. 9575,Book 64,Page 66, and being Lot 6, thereon.
w
Meaning and intending to describe and convey the same Premises conveyed to Grantor by deed
dated April 4,2012 and filed with the Essex North Registry of Deeds, Land Court Division at
Document No. 105478, Certificate of Title No. 16694. See also the Resignation of Joan M.
a, Cashman as Trustee filed as Document No. 121920 and the Acceptance of Delivery of
Resignation of Trustee of Ellen Cashman, Successor Trustee and the Acceptance of Trustee filed
as Document No. 12192I.
The herein grantors, being unmarried, hereby release all rights of homestead in the premises and
state under the pains and penalties of perjury that no other persons have rights of homestead
therein.
MASSACHUSETTS STATE EXCISE TAX
Essex North Land Court Registry M. PAUL IANNUCCILLO, REGISTER
Date: 06-02-2020 0 12:04pm ESSEX NORTH REGISTRY OF DEEDS
Ctlfl: 154 E-RECORDED
v— 99 5na nn P-- C4Sn nnn nn
Doc: l22
Signed under the pains and penalties of perjury this / day of June,2020,
Joan M. Cashman Revocable Trust
By; 4-/ r'
Ellen Cashman, Successor Trustee
COMMONWEALTH OF MASSACHUSETTS
Essex, ss.
On this /-""' day of June, 2020, before me, the undersigned notary public,
personally appeared Ellen Cashman, proved to me through satisfactory evidence of
identification, which was Personal Knowledge,to be the person whose name is signed on
the preceding document, and acknowledged to me that she signed it voluntarily for its
stated purpose, as Successor Trustee of the Joan M. Cashman Revocable Trust under the
pains and penalties of perjury.
JOHN C. OAKLEY
NOTARY PUBLIC
Commonwealth of Mass=huseft John P. O ley,Notary Public
My Commission Expires
January 22, 2021 My fission expires: 1/22/2021