HomeMy WebLinkAbout05-19-1981 Legal Documents DEF SUB S
4 i
S . B . HOMES , INC .
35 Center Street
Burlington , Mass , 01803
November 5 , 1982
North Andover Planning Board
Town Hall -- Main Street
North A over, ssachusetta 01845
RE : Abbott Meadow (Easy Street)
Gentlemen
Enclosed please find Release Form "J" relative to Lots 1 , 2 , and
3 Easy Street , North Andover.
We request that these lots be released from the covenant in
exchange for the work already completed on the roadway , since
there is no performance bond in place on this subdivision .
Your attention to this request at your next meeting would be
appreciated.
Ver ruly- ours ,
V. Scott Follansbee ,
Treasurer
VSF : 7 db
Enclosure
of
f ,
t '' r
r i
FORM J
RELEASE FORM
The unders'i gned , being a majori ty of the Planning Board 'of. 'the Town
of North' Andover , Massachusetts , hereby. certify that : ,
a . the requirements for the construction of ways and . municipal services;
called forx � ��r�� �scl� cy
19 xxnvVx= by the Covenant dated
July 21 , 19 81 and recorded in DI stricotth
Deeds , Book 1519 Page -343 ems-red-i�terad_��
a-r�d- n-o_. e_o f_ "..i-t. e_.I-a---------- -jn_ROXjj S_-
-t-rati-o-a-Z"k----------T-4- -g�&--------- , has been Dbmp� �/p a r t i a l l y
completed , to the satisfaction of. the Pl anni n.g Board to adequately
serve the enumerated lots shown on - Plan• entitled "Definitive Subdivision`.
Plan of land of Abbott Meadows,
North Andover, MA"
Plan dated Jan.23,1981;Rev.June' '11 , 19 81 recorded by the Essex
North District Registry of Deeds , Plan I�ozk No. 8690 , :�Mge
-o-r--r-e-�i-s-t•e-real--i-n-s-a-i-.d�l.a-n-d...lied.is.try...lLi�.t.r.i_cty_..�?I.a�....Bm.a� ,
------------- -,- and said lots are hereby released from the re
-
s tri ctTons as to sale. and bui 1 di ng specified thereon .
Lots designated on said Plan .as follows.: ( Lot number( s ) and street(s....
Lots 1, 3, & 4_ Eg.Ej Street .
b . ( To be attested to by a Registered Land Surveyor)
I hereby certify that lot number( s )
on Streets'
do conform to layout as shown on - Definitive Plan entitled "
---- - - S-ection Sheets
Registered Land Surveyor
c . The Town of North Andover , a municipal corporation situated in the
County ..of Essex , Commonwealth of 'Massachusetts , acting by its' duly
organized Planning Board , holder of �xaafmxxx � kx �
WAkm ..a . Covend'nt ,dated
July 21, , 19 81 from S. B. Homes, Inc. ''
of the Cxxl Own of North Andover
Essex County, Massachusetts recorded w.i t
e North-Essex Di str,i ct Deeds ) , Book 1519 �
Page 343 , as=- es tee-ad-.a�► -1,a - e tx� �isic ..as_D�c�man t
o-:............ 'Im
-gi s-t --Bed------_-__ _� _�. �__--- , a c k n ow 1.e d g e s s a g s -a c t i o n
of the .terms thereo an ereby release its right , title and .in -
terest in -the lots designated on said plan as follows :
Lots 1, 3 and 4 Easy Street .as shown-on Plan No. 8690 '
EXECUTED as a sealed instrument this �� day of 29
Majority of the
Planning Board
of the Town of
North Andover -�
COMMONWEALTH OF 14ASSACHUSETTS
h
,ss. , 19C
Then personally appeared �� .� :one 'of the
above named members of the - Planning Board of the Town . of North Andover ,
Massachusetts and acknowledged the foregoing instrument to be the free
act and deed of said Planning Board , before me ,
� C.
Notary Publ is
My Commission Expires :
( Pa (ln 2 of ? )
FORM J
RELEASE FORM
The undersigned , being a majority of the Planning Board of the Town
of North Andover , Massachusetts , hereby certify that :
a . the requirements for the construction of ways and municipal services
called
, X14 KKxftr by the Covenant dated
Essex North
July 21 , 19 81 and recorded i n/District Registry''
Of Deeds , Book 1519 , Page 343 or registered in
Land Registry District as Document No .
and noted on Certificate of Title No . in Regis-
tration Book Page , has been_ x�� partially
completed , to the satisfaction of the Planning Board to adequately
serve the enumerated lots shown on Plan entitled " Definitive subdivision
Plan of Land of Abbott Meadows,
No. Andover, MA Sheets 1 of 1
Plan dated January 23, 1.9 81 recorded by the Essex
North Registry of Deeds , PI an SV,;OU 8690
s
and said lots are hereby released from the re-
strictions as to sale and building specified thereon ,
Lots designated on said Plan as follows : ( Lot number(, ) and. street("5 ) )
Lot A 46,398 square feet- at corner of Abbott Street and Easy Street and
Lot D 43,739 square feet at corner of Abbott Street and Easy-Street
b . ( To be attested to by a Registered Land Surveyor)
I hereby certi fy that lot number (-q ) A and R
on Abbott Street and Easy Street Street ( s )
do confo rm to layout as shown on Defi ni ti ve PI an enti tl ed "Definitive
Subdivision Plan of Land of
Abbott Meadows, No. Andover, MA *� .Xx S h e e t x 1 of 1
Registered Land Surveyor
5
} C . The Town of North Andover ; a municipal corporation situated in the
County of Essex , Commonwealth of Massachusetts , acting by its duly
organized Planning Board ,' holder of a
a Covenant dated
July. 21 81 from
o f t h o RbW T o w n o f North Andover,
County , Massachusetts recorded with
e District Deeds , Book 1519
Page 343 ,
acknowledges .satis action
of the terms thereof ana ereby re—Teases its right , title and in -
terest in the lots designated on said plan as follows : Lot A
46, 398 square feet+ at corner of Abbott Street and Easy street ancT Lot B
43,739 .square feet+ at corner of Abbott Street and Easy Street
EXECUTED as a sealed instrument this day of October 19 82
Majori ty of the
Planning Board
o'f the Town of
North Andover
COMMONWEALTH OF 14ASSACHUSETTS
, ss . 19
Then personally appeared one of the
above named members of the Planning Boar of the Town of orth Andover ,
Massachusetts and acknowledged the foregoing instrument to be the free
act and deed of said Planning Board , before me ,
Notary Public
My Commission Expires :
( Page 2 of 2 )
1
TOWN OF NORTH ANDOVER E
MASSACHUSETTS i
HO R71
Ot ,t.e �MO
�SSACKUSE��`J
i
April 20 , 1983
Mr. Charles Foster, Building Inspector
Town Office Building
120 Main Street
North Andover, Mass , 01845
Re : Abbott Meadows Subdivision
Dear Mr. Foster:
On Tuesday evening, April 19 , 1983, at a regular Planning Board
meeting, the Board voted to release the following lots in the
Abbott Meadows Subdivision :
Lots 1, 3 , and 4 , Easy Street.
A copy of the Release Form is enclosed for your records ,
Sincerely ,
PLANNING BOARD
Pj
I Michael P. Roberts ,
Vice Chairman
jw
Enc.
RESTRICTIVL COVENANT
KNOW ALL MEN DY THESE PRESENTS:
This instrument is intended as a restriction on cer^t a:i. --j
land located in the Town of North Andover, Essex County,
Massachusetts, and being shown as "Abbott Meadows" on, a plan of
land entitled, "Definitive Subdivision Plan of Land of Abbott
Meadows, No. Andover, MA, Owner: Frank L and Virginia 8 G 1 ms;
Applicant : S. B. Homes, Inc. ; Scale I " _ lies Date Jan. 231
1981, Revised : Jane 11, 1981 ; Frank C. Ge 1 i nas & Associates.,
Inc. , Engineers R Architects, which said Plan is, to be i^ecor6 ed
herewith in the North Essex Registry of Deeds as Plan No. 8690.
Said Plan was filed with the North Andover Planning Board on
January 26, 1981, a Public Hearing was held on March 16, 1981 ,
and approval was filed with the Town Clark on May 19, 1981E
WHEREAS: the owners and applicants have elected to proceed with
said subdivision without furnishing a bond on deposit as set
forth in Section 81U of Chapter 41 of the General Laws (ter. ad)
as amended, (with the option to do so at a later date as
hereafter set forth) :
NOW, THEREFORE„ the Planning Board of the Town of North Andover-
and S. B. Homes, Inc. , the owner and applicant, hereby agree
that the following restrictions are placed on all lots within
the subdivision shown on the aforementioned plan:
1. The undersigned will not sell Lot ##4 in the subdivision nor
place any building on any such lot until the construction of
ways and municipal services necessary to adequately serve
such lot have been completed in the manner specified in the
Rules and Regulations Governing the Subdivision of Land in
the Town of North Andover, Massachusetts, and in accordance
with covenants, conditions, agreements, terms and provisions
hereof. Notwithstanding, the aforementioned owner and
applicant has, however, the option to file a band of deposit
as set forth in Section 81 U of Chapter 41 of the General
Laws, (ter. ed) , as amended, and such, if filed, will
entitle said owner and applicant to a release of these
restrictions.
2. This covenant and agreement shall be binding capon the
executors, administrators, successors and assigns of the
undersigned. It is hereby understood and agreed that this
contract shall constitute a covenant running with the land
included in the aforesaid subdivision and shall operate as a
restriction upon said land. It is understood and agreed
that lets within the subdivision shall be released by The
North Andover Planning Board from the foregoing conditions
solely upon the recording of a release executed by said
North Andover Planning Board and enumerating the specific
let's released thereby namely lot 4. In addition, an
executed deed for the drainage easement shall be submitted
to the North Andover'' Planning Board prior to the releas=e of
said lots.
p
Restrictive Covenant
3. As required by the North Andover Board of Health, no
building or other structure shall be built or placed upon
lots as shown on said plan without the prier consent of said
North Andover Board of Health.
4. Water and sewer installations shall be in accordance with
the Rules and Regulations of the North Andover Beard of
Public Works.
5. Surface drains and street bounds must be installed; the
roads must be hottopped and constructed all in accordance
with the requirements under the Subdivision Rules and
Regulations of the Planning Board. Proper street signs roust
be installed. Appropriate i nspect i cans for the satisfactory
completion of the provisions in this paragraph under the
direction of the office of Highway Surveyor.
E. Construction must be in accordance with the requirements of
the )hoard of Fare Engineers.
7. Construction of ways and municipal services is to be
completed as follows:
Binder Coat of Hot--tqp to be appli d
Completion to be accomplished bylVIC�r . ���. tqe
8. The undersigned represents and covenants that it is the
owner in fee simple of all land included in the aforesaid
subdivision.
IN WITNESS WHEREOF, the parties to this covenant and agreement
do hereunto set their hands and seals this. . . I& . . . . . . day of
October, 1983.
NOR ANDO E PLANNI BOARD
BY: N r . . . ;. . . . . . • w N w .
w . . . . . • . . . r f w • . . . .
S. D. HOMES, INC. , Owner & Applicant
BY: • r
to he , Breen, President. . . . . f .
w • . • M w w p N i . • • . . . w N N N M N • • • ! . • •
V. Scott Follansbee, Treasurer
Restrictive Covenant Page 3
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss! gctcjber.�7l , 1' 83
Them pe ^social jyr appeared the above named
as he is �`yi� S the North Andover Planning Board, and
acknowledged the foregoing instrurent to be . the free act and
deed of said Board, before rile,
/J h k • • .
Notary Public
• � �. i;
My Cc{rnr��i.ssi�.�r r^
i Expies: . . 1 � .� h . , ! . •
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss. October. . .
Them personally appeared the above named Stephen C. Sreen
and V. Scott Follansbee, as they are President and Treasurer
respectively, and acknowledged the foregoing instrument to be
the free act and deed of S. P. HOMES, INC. , before me,
I
Notary Public
My Commission E/ pires:
} 11 �r •/
�.I
k'
i
t �
$ 1{ 15 1
343
s
10M ALL MEN BY 0=8, PM E M i
This instrument is intended as a restriction on certain land located in the
'ilxrtt of North Andover, Essex County, Massachusetts, and being shown as "Abbott
Meadows" on a plan of land entitled, "Definitive subdivision Plan of Land of
! Abbott Meada.as, No. Andover, MA. ownert Frank L.,and Virginia D. 0IMP Applicants
&. B. Homes, Inc.l Scales 1" st 401, Dates San. 23, 1981, Revised: June 11, 1981;
I
Frank C. Gelinas & Associates, Inc, Engineers & Architects, which said Plan is to
be recorded herewith in the North Essex Registry of Deeds as Plan No.
Said Plan was filed with the North Andover Planning Board on January 26, 1981, a,
Public Hearing was held on March 16, 1981, and approval was filed with the 'ten
Clerk on;may 19, 1981.
WHEREASc'the owners and applicants have'eleeted to proceed with said subdivision
without furnishing a bond on deposit as set forth in section 81U of Chapter 41 of
the General Laws (ter. ed) as amended, (with tho option to do so at a later date as
hereafter set forth)i I
NOW, MFM. REs the Planning Board of the 7bwn of North Andover and S. B. Hanes, Inc., {�
the owner and applicant, hereby agree that the following restrictions are placed on
'. all lots within the subdivision shown on the aforementioned plan:
1. The undersigned will not sell any lot in the subdivision nor place any building
j.` on any such lot until the construction of ways and municipal services necessary
;9 to adequately serve such lot have been oanpleted in the msnner specified in the
}.. ., Rdes and Regulations Governing the subdivision of Land in the Town of North
t' Andover, Massachusetts, and in accordance with covenants, conditions, agreements,
terms and provisions hereof. Notwithstanding, the aforementioned owner and
applicant has, however, the option to file a bond or deposit as set forth in
section OlU of Chapter 41 0£ tlxm General Laws, (ter. od), as amended, and such,
if filed, will entitle said owner and applicant to a release of these restrictions.
2. This covenant and agreement shall be binding upon the executors, administrators,
successors and assigns of the undersigned. it is hereby understood and agreed
that this contract shall constitute a covenant running with the land included in
the aforesaid subdivision and shall operate as a restrictions upon said land.
It is understood and agreed that lots within the subdivision shall be released
by the North Andover Planning Board from the foregoing conditions solely upon the
recording of a release executed by said North Andover Planning Board and enumera-
ting the specific lots released thereby,namely lots 112, 3, 6 4. In addition, an
executeddeed for the drainage easement shall be submitted to the North Andover
Planning Hoard prior to the release of said lots. ;
Page 2, �
' 1Restrictive Covenant
OVirod by the Borth
3. As r Ajd or Board of Health, no building or other ottucture
! shall be built or placed upon lots as strswm on said plan without thw if con-
? sent of said North Andover Board of Health.
tand F40gula-
4. Water and sewer installations shall be in accordance with the
bona of the North Andover Board of"Public Works.
5. Surface drains and street bounds unu..c be installed; the r A,ustebet-
topped and constructed all in accordance with the roqu
t ations of the Planning BO .'roper street signs must
Sliloclivisien Rules and laegul
be installed. Appropriate inspections for the so' -cry completion of the
ion of the
provisions in this paragraph are to be performed the direct
J.5 19
—3{/�`w` office of Edighway surveyor.
".s,..._....:, ,....M,.-.._,.._..�_�.�...�
i �.T'A 5
6. Construction must be in aceor, a with the rapairements of the Board of Fire
� I3Rgi.rwc3rs. •'
Ilk
7. Construction of ways and rear Al services is..to bs, co-(zolatod as foll M
Bidder coat of Ho' > to be gr;iaZjrfj by MkvcYO),e' 15, 19811
ompletion to b AT?31011t_0 uy n'-wi,1Uxw 1, 1982.
o. The undersigned repro ami Ulat it is the owner in fee pimple
of all Im-4 includr Etta a•.o-.ojaid subdivision. .t
IN WITNESS MWOMF txarties to thin covenant and agfro ment do hereunto set F'
their harms wad this of July, 1981. x '
Nodtl ll t)UVk R P Im BMM
BY Ac L-e
t PmY Fdedetran, rwan f
� , i ,t1
j; S. Ha , I , r & Afgslicortt
BY
:I! C reed, Pros en
Soot Fbl an Trerisurer
}j� liantYictiva Covenant Pie 3.
s � z
s ;�;i I EItU11i op MAS3N39I1 LTrs
i 3 J July�71, 1981 ,
PSSEX, Be.
s
j,•' Then pQrsoraaily.appeared the above named Paul Idedstmm, as he is Cg►sirmsn J
l ` ed the foregoing instrument i
ip of the North Andover Planning Ward, and aeknowledg
to be the free act and deed of said IIoard, before rne, -
My Cwmingiol Expire
July ,II . 1981
ESSEX, ea.
n,, Personally appeared the above na enmed Stephen C. Bre and V. Sett fbllanp-
�'' bee, as they are president and Treasurer respectively, and adowwl�3ed tlio fora-
;! before ma,
doing instxtm�rt to d>o the free act and deed of S. B. dicX�ICS, INC.,
a3 v y.,�,
My OLIF o anion Lxpireaisv'{ ---
Recorded Tuly 22,1981 at 2r33PM #7542
i �
RESTRICTIVE COVENANT' 1
KNOW ALL MEN BY THESE PRESENTS
This instrument is intended as a restriction on certain land located in the
Town of North Andover, Essex County, Massachusetts, and being shown as "Abbott
Meadows" on a plan of land entitled, "Definitive Subdivision Plan of Land of
Abbott Meadows, No. Andover, MA. Owner: Frank L. and Virginia B. Olms; Applicant:
S. B. Homes, Inc. ;. Scale: 1" = 40' , Date: Jan. 23, 1981, Revised: June 11, 1981;
Frank C. Gelinas & Associates, Inc, Engineers & Architects, which said Plan is,to
be recorded herewith in the North Essex Registry of Deeds as Plan No.
Said Plan was filed with the North Andover Planning Board on January 26, 1981, a
Public Hearing was held on March 16, 1981, and approval was filed with the Town
Clerk on May 19, 1981.
WHEREAS: the owners and applicants have elected to proceed with said subdivision
without furnishing a bond on deposit as set forth in Section 81U of Chapter 41 of
the General Laws (ter. ed) as amended, (with the option to do so at a later date as
hereafter set forth) :
NOW, THEREFORE: the Planning Board of the Town of North Andover and S. B. Hattes, Inc. ,
the owner and applicant, hereby agree that the following restrictions are placed on
all lots within the subdivision shown on the aforementioned plan:
1. The undersigned will not sell any lot in the subdivision nor place any building
on any such lot until the construction of ways and municipal services necessal-y
to adequately serve such lot have been completed in the manner specified in the
Rules and Regulations Governing the Subdivision of Land in the Town of North
Andover, Massachusetts, and in accordance with covenants, conditions, agreements,
terms and provisions hereof. Notwithstanding, the aforementioned owner and
applicant has, however, the option to file a bond or deposit as set forth in
Section 81U of Chapter 41 of the General Laws, (ter. ed) , as amended, and such,
if filed, will entitle said owner and applicant to a release of these restrictions.
2. This covenant and agreement shall be binding upon the executors, administrators,
successors and assigns of the undersigned. It is hereby understood and agreed
that this contract shall constitute a covenant running with the land included in
the aforesaid subdivision and shall operate as a restrictions upon said land.
It is understood and agreed that lots within the subdivision shall be released
by the North Andover Planning Board frcai3 the foregoing conditions solely upon the
recording of a .release executed by said North Andover Planning Board and enumera-
ting the specific :Lots released thereby, namely Lots 1, 2, 3, & 4. In addition, an
executed deed for the drainage eases-ent shall be sulnitted to the North Andover
Planning Board prior to the release of said lots.
Restrictive Covenant : J Page 2.
3. As required by the North Andover Board of Health, no building or other structure
shall be built or placed upon lots as shown on said plan without the prior con-
sent of said North Andover Board of Health.
4. Water and sewer installations shall be in accordance with the Rules and Regula-
tions of the North Andover Board of Public Works.
5. Surface drains and street bounds mast be installed; the roads must be hot-
topped and constructed all in accordance with the requirements under the
Subdivision Rules and Regulations of the Planning Board. Proper street signs must
be installed. Appropriate inspections for the satisfactory completion of the
i
provisions in this paragraph are to be performed under the direction of the
office of Highway Surveyor.
6. Construction must be in accordance with the requirements of the Board of Fire
Engineers.
7. Construction of ways and municipal services is to be completed as follows:
Binder Coat of Hot-top to be applied by November 15, 1981;
Completion to be accomplished by November 1, 1982.
8. The undersigned represents and covenants that it is the owner in fee simple
of all land included in the aforesaid subdivision.
IN WITNESS WHEREOF, the parties to this covenant and agreement do hereunto set
their hands and seals this day of July, 1981.
TPa
ANDOVER, CANNINGedstrcm, Chairman
S. B. HOMES,, INC. , Owner & Applicant
BY:
Stephen C. Breen, ^President
V. Scott Follansbee, Treasurer
Restrictive Covenant Wage 3.
GC624ONV+EAT-TH OF MASSACHUSMS
ESSEX, ss. July 1981
Then personally appeared the above named Paul Hedstrom, as he is Chairman ,
of the North Andover Planning Board, and acknowledged the foregoing instrument
to be the free act and deed of said Board, before me,
J `
f
e ll{
Notary Public 1
My ConT fission Expires:
03�WNWEALTH OF MASSACHUSET 'S
ESSEX, ss. July 1981
'then personally appeared the above named Stephen C. Breen and V. Scott Follans-
bee, as they are President and Treasurer respectively, and acknowledged the fore-
going instrument to be the free act and deed of S. B. HOMES, INC. , before me,
Notary Public
My Cormdssion Expires:
J
e
BLISS & COMPANY
Post Office Box 398
North Andover, Massachusetts 01845
(617) 685-0742 683-1650
July 24 , 1981
North Andover Planning Board
Town Hall -- Main Street
North Andover, Massachusetts 01845
Attention: Ms. Susan St. Pierre, Town Planner
RE: Abbott Meadows Subdivision -- Restrictive Covenant
Dear Susan:
Please be advised that the Restrictive Covenant on Abbott Meadows
Subdivision was recorded at the North Essex Registry of Deeds on
July 22, 1981, in Book 1519, Page 343 , and that the approved sub-
division plan was also recorded at that time as Plan No. 8690.
Kindly insert the plan number in your copy of the Covenant so that
your records will be complete, and you may wish to make note of
the book and page thereon as well . We will send you a copy of
the recorded instrument as soon as it becomes available.
Cordially,
ce -D. Bliss, for
s B. Homes, Inc.
/jb
P
E Planning Board
# Please replace this page in place of page 2 �-)
that was including in the Order of Conditions
of Lot 3A & 4A Abbott St. 242-121
t
i I
l
E C�01
E
-2A-
13. All disturbed areas are to be loaned, seeded and stabilized upon the
completion of all site grading.
{ 14. Any changes in the submitted plans or Notice of Intent or changes resulting
' - from the aforementioned conditions must be submitted to the NACC for aroproval
.prior to implementation. If the NACC finds, by majority vote, said changes
to ,be significant and/or to deviate from the original plans, Notice of Intent
or this Order of Conditions to such an extent that the interests of the Wetlands
Protection Act can not be protected by the •Order of Conditions and would best be
served by the issuance of additional conditions, then the NACC will call for an-
other public hearing within 21 days, at the expense of the applicant, in order
to take testimony from all interested parties. Within 21 days of the closing
of said public hearing, the NACC will issue an amended or new Order of Conditions. ;
Any errors found in the plans or information submitted by the applicant, shall
be considered as changes and the procedures outlined for changes shall be followed,'
15. The provisions of this Order shall apply to and be binding upon the applicant,
.its employees, and all successors and assigns in interest and control.
16. Reference is hereby made to Civil Action, Probate Court EQ.No. 24?3, entitled
"Town of North Andover (Conservation Commission) vs. S.B. Domes, Inc." in ac-
cordance with which the Notice of Intent was filed and this Order of Conditions
written.
-END OF CONDITIONS-
1
I.