The URL can be used to link to this page

Home My WebLink About1978-08-18 Legal Documents DEF SUB 1 s June , 1978 haul A. i{edstrom Csaplaar & Boas i Winthrop mquare Dostont Ma. 02110 O R®a 40 - Buffer, G-arloton Faqmo bJ®cat Gubdivinion D yr 14r T-ledatromi Attorney Victor "Hatem, representative of tho Above-named oubdivisiont has been notified in reference to the 40 ft® "no work" 4one adJaoOnt to hots 4 Oakes Drive® Attorney Jhtem I s guaranteed that no further dioturbanoe will ® 000ur in this 40 No "no 6 1 realize that yon,.,reguested to be prosent Mt a meeting, but last minute Agenda arrangements made it impossible to oontaot you. if any furthor ex0avation should take place# please notify rye throuch ray office or at homer. 'fiery truly youro, PLANXIM BOARD 1,31lian No Sulamme, Chairman 1495 t gb ooa North Andover Consorvation Commission i1 I CSAPLAR & BOK ONE WINTHROP SQUARE BOSTON, MASSACHUSETTS 02110 (617) 357-4400 CARL. E. HEILMAN May 26, 1978 COUNSEL Planning Board of the Town of North Andover Town Hall North Andover, MA 01845 Attention: Commi.'ttee' Chairman Gentlemen: The developer of the subdivision directly behind Oakes Drive agreed to have a 40 ' zone 'in the new subdivision behind the Oakes Drive property of abutters Tom Nigrelli and Dick Lee where there was to be no construction or alteration of the property by the developer, thus ensuring to the extent possible no disruption of the water table in the Oakes Drive area, Tom Nigrelli informs me that there has been excavation within this "no alteration" zone. Several of the property owners of Oakes Drive have already contacted you regarding this breach of the promise made by the developer to you at the hearing on the subdivision. As an attorney and property owner on Oakes Drive, I am disturbed about what appears to be a lack of concern shown by developers toward town boards. I therefore request that this matter be placed on the agenda for the next available meeting of the Planning Board and that you notify the undersigned and other interested parties when it is so scheduled. I would like to find out, if pos- sible, in a formal hearing what is going on . Thank you for your consideration. Very truly yours, Paul A. Hedstrom PAH:mah ` 1 J� -0s �'rr /=1 LAW 0FF'ICE5 �JGaGe aizc1'l/Calow%g 451 ANDOVER STREET NORTH ANDOVER, MASSACHUSETTS 01645 VICTOR L_, HATEM (617) 655.3366 JOSEPH V, MAHONE^Y August 3, 1979. Planning .Board, Town Hall, North Andover, Mass. Re: Carlton Farms West Gentlemen: Enclosed you will Find a Release of Lots and a Subdivision Control Agreement for approval and execution. Should there be any problems with these, please contact me. Very trulyyours, Victor L. Hatem VLH:MLB Encs. RELEASE E 'ftie North Andover Planning Board hereby releases lots 1, 2, 3, 4, 5, 6, 7, and 8 as shown on a Plan of Land entitled "Definitive Plan of Land of Carlton Farms West, North Andover, Massachusetts, owner & Applicant S. Forbes f 1 Rockwell, 370 Summer Street, No. Andover, Mas., Frank C. Gelinas & Associates, Engineers, Architects, 451 Andover Street, No. Andover, Ma., Scale 1" = 40' Date: Dec. 28, 1977E' said Plan being recorded in the North Essex Registry of Deeds as Plan No. 8082 from the covenant outlined in the Covenant from Desun Corpora- tion dated March 19, 1979 and recorded in the North Essex Registry of Deeds Book 1369, Page 149. TOWN 0 NORqJ ANDOVER P NNING OARD Signed: By I COMMONWEALTH OF MASSACHUSETTS Essex, ss. �� ,. 1979. 1 Then personally appeared before me ��/ICfYf �ef�Gc //S and acknowledged the foregoing instrument to be the free act and deed of the Planning Board, Town of North Andover. Notary Public My Commission expires: COVENANT Know All Men By These Presents that whereas the undersigned has submitted an application dated August 18, 1978 to the North Andover Planning Board for . approval of a definitive plan of a certain subdivision entitled Definitive Plan of Land of Carlton Farms West by Frank C. Gelinas & Associates dated December 28, 1977, and has requested the Board to approve such plan without requiring a performance bond, NOW THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of the North Andover Planning Board approving said plan without requiring a performance bond, and in consideration of one dollar in hand paid, receipt whereof is hereby acknowledged,the undersigned covenants and agrees with the Town of North Andover as follows: 1. The undersigned will not sell any lot in the subdivision or erect or place any permanent building on any such lot until the construction of ways and municipal services necessary to serve adequately such lot has been completed in the manner specified in the aforesaid application, and in accordance with the covenants, conditions, agreements, terms and provisions thereof. 2. This agreement shall be binding upon the executors, administrators, devisees, heirs, successors and assigns of the undersigned. It is the intention of the undersigned and it is hereby under- stood and agreed that this contract shall contitute a covenant running with the land included in the aforesaid subdivision and shall operate as restrictions upon said land. It is understood and agreed that lots within the subdivision shall, respectively, be released from the foregoing conditions upon the i recording of a certificate of performance executed by a majority of said Planning Board and enumerating the specific Lots to be so released, all as provided by Section 81--U, G. L. c. 41. 3. The undersigned represents and covenants that the undersigned is the owner 'I in fee simple of all the land. f IN WITNESS WHEREOF the undersigned, applicant as aforesaid, does hereunto Y� set its hand and seal this ;d -` day of March 1979. DESUN CORPORATION 451 Andover Street North Andover, Massachusetts 01845 B Applicant r 150 S . FORBES ROCKWrLL 370 Summer Street North Andover, Mass . 01 845 Owner COMMONWEALTI3 OF MASSACHUSETTS FSSEX, SS. Thee personally appeared the above-named S . Forbes Rockwell , aforesaid, and acknowledged the foregoing instrument to be his free act and deed, before me ZY tary Public Commission Expires : C011MONWEALTH OF MLASSACHUSETTS T'SSPX, SS . Then personally appeared the above-named Victor L. Hatem, duly authorized gAjj CQxmxA representative, and acknowledged the foregoing instrument to be the free act and deed of Desun Corporation, before me ary e i c y Commission Expires : i Recorded May 3,1979 at 2:29PM #386 j i I { g SUBDIVISION CONTROL AGRIDmW SECURING THE CONSTRUCTION OF WAYS AND M[JNICIPAL SERVICES AGREEMENT made this 6 TN day of August, 1979 by and between Victor L. Hatem and Benjamin C. Osgood, Trustees of Poste Realty Trust with a principal place of business at 451 Andover Street, North Andover, Essex County, Massachusetts, hereinafter referred to as the "Applicant"; Andover Savings Bank, hereinafter referred to as the "Lender"; and the Town of North Andover, acting through its Planning Board, hereinafter referred to as the "Board", viz: 1HUWAS, pursuant to the provisions of the Massachusetts Subdivision Control Law and the Board's Rules and Regulations adopted thereunder, the Board has approved a definitive plan entitled: "Definitive Plan of Land Of Carlton Farms West by Frank C. Gelinas & Associates, dated December 28, 197711, said plan be recorded in North Essex Registry of Deeds as Plan No. 8082. The Applicant and the Board have agreed upon conditions of approval, which conditions have been inscribed on said Plan No. 8082 recorded in ; said Registry of Deeds, which conditions are as follows: 1. That the record owners of the subject land forthwith execute and record a covenant running with the land or otherwise provide security for the construction of ways and the installation of municipal services building within said subdivision. 2. All improvements and design , standards shall meet the requirements ' of the rules and regulations governing the subdivision of land in the Town of � f 1 North Andover in effect on the signing of these plans. 3. Water installation shall be' in accordance with the Board of Public Works. 4. Sewer installation shall be in accordance with the Board of Public Works. WHEREAS, the Applicant has granted to the Lender a mortgage dated ' T y June 20 1979 in the North District Essex Registry of Deeds, recorded in Book'1374, Page 410 covering Lots 1, 2, 3, 4, 5, 6, 7, and 8, inclusive, as shown on said plan as security for the payment of a certain note in the principal sun of $120,000.00, and WHEREAS, the Lender has withheld $67,000.00 of said principal sun to be disbursed to the Applicant as and when municipal services shall have been installed and ways constructed pursuant to said plan, said Rules and Regulations and Restriction Agreement; NOW, THERKFORE, it -is understood and agreed that the Lender shall retain the sum of $41,200.00 deemed by the Board to be sufficient, releasing only such funds from time to time as approved by a vote of the Board as the t municipal services and ways shall be deemed to have been completed or partially completed in accordance with its applicable rules and regulations. It is further understood and agreed that all of the above services and ways shall be completed no later than October 1, 1980, unless the date be extended by written amendment by mutual agreement of the parties thereto. In the event that the work is not completed within the time set forth or as extended, said funds as retained by the Tender shall be made available (2) to the Board for completion of the work,- and the Applicant shall be deemed ii to have authorized the release of said funds for said purpose, and to have relinquished all claim to said funds. The obligations of the parties hereunder are to be construed. ' consistent with the subdivision control law and no rights granted I thereunder are waived. Executed as a sealed agreement on the date first above written. TOWN OF NORTH ANDOVER PLANNIN BO By Chairman acting for the Town of North Andover ANDOVER SAVINGS By- PAS�'E TY TRi3ST � Victor L. Hatem Benjam in C. Osgood CCa'l4MONWEALTH OF MASSACHUSKM Essex, ss. Then personally appeared the above-named 1611'11,6'z ni eh�.. w //6 and acknowledged the foregoing instrument to be the free act and freed of the North Andover Planning Board, before me, ' Notary Fu Y lie My commission expires.' (1 ( (S) c i 71 CO?WMVEALTH OF MASSACHUSETM Essex, ss. M �/ Then personally appeared the above--named and acknowledged the foregoing instrument to be the free act and deed of the Andover Savings Bank, Before me, 99r Notary Public My commission expires: CON M MCALTH OF MASSACHUSEJ M Essex, ss. Then personally appeared the above-named Y/Ct�f /��r A�c1�/ ��rrniiv CCJcs:rG and acknowledged the foregoing instrument to be the free act and deed of Poste Realty Trust, Before me, Notary Public My commission expires: /, 67 i (4)