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Home My WebLink About1993-12-07 Conservation Restriction DEF SUB 3I Essex County Greenbelt Association tit E.rsterii Avenue, Essex, M.issichttsetts (11929 Telepliolle: (508) 768--7241 February 9, 1995 Richard Doucette FEB ( 4 Iff'ov J I Conservation Administrator Town of North Andover i 120 Main Street North Andover, MA 01845 Re: Conservation Restriction Christmas Tree Estates North Andover Dear Rich: I am enclosing a copy of the fully executed conservation restriction on a portion of the former Christmas Tree Estates property off So. Bradford Street. As you recall, this restriction was granted to the Town of North Andover as a requirement under a special permit. The restriction was registered at the Land Court Division of the Essex County North District Registry of Deeds on October 7, 1994 as document #59814. The title to the property subject to the restriction was conveyed on that same date to the Essex County Greenbelt Association by deed registered as document #59815. Please note that the property, shown as Lot 5 on the subdivision plan, was changed to Lot #149, the number assigned by the Land Court. Should you have any questions on this, please don't hesitate to contact me. Also, we would be happy to assist you in compiling the baseline documentation necessary for your monitoring and enforcement of the conservation restriction. All best regards. Sincerely, I Edward O. Becker Executive Director Enclosure cc: Kathleen Bradley Colwell, Town Planner (w/copy) A nonprofit land trust dedicated to the protection of open lands in Essex County, I'riu[cal un kcrrrlyd P,ry+rr f PER i .: i 1 COL48ERVATION RESTRICTION The undersigned, White Birch Construction, Inc., a Massachusetts corporation having its principal office at 380 Essex Street, Lawrence, Essex County, Massachusetts, for nominal consideration, hereby grants to the Town of North Andover, a municipal corporation of Essex County, Massachusetts acting by and through its Conservation Commission established under Section 8C of Chapter 40 of the General Laws of Massachusetts, its successors and permitted assigns, in perpetuity and exclusively for conservation purposes, a Conservation Res ��n the land located in North Andover, Essex County, Massachusetts identified as on a plan entitled "Definitive P.R.D. Subdivion Plan 'Christmas Tree Estates' located in North Andover, MA.", prepared for White Birch Construction, Inc by Christiansen & Sergi,dated 8/3/93, revised 11/8/93 and 1."ACouri'D(vrsr+u♦ TAe recorded in theAEssex County North District Registry of Deeds ' ' 0c% F70*-;k 31-tv3-2 (the "Premises"). Said White Birch Construction, Inc. and its successors in title to the Premises are hereinafter called the "Grantor" and the Town of North Andover and its successors and permitted assigns are hereinafter called the "Grantee". Whereas, the Premises provides significant scenic, aesthetic, scientific and education value in its present state as a natural area and open space which has not been subjected to development incompatible with said uses; and Whereas, the Grantor and Grantee recognize the uniqueness of the Premises as a distinctive Massachusetts landscape embodying the special character of the region in which the Premises is located and have the common purpose of conserving the natural values of the Premises for this generation and future generations; and Whereas, the Premises will be open to the general public for outdoor recreational and educational use; and 1 Whereas, the Premises is adjacent to land owned by the Essex County Greenbelt Association, Inc. thereby expanding an area of protected open space; and Wherea.-, the Premises contains a diversity of wildlife habitat including upland forest and wetlands; and Whereas, the Town of North Andover has identified the significance of the Premises as an open space through a Special Permit issued on December 20, 1993 under Section 8.5 (Planned Residential Development) of the North Andover Zonin Bylaw, a certified copy of which is recorded in said Registry of Deeds 4s �xu s�tGyb . Therefore, in order to preserve the Premises in perpetuity in its present natural scenic and open condition, the Grantor conveys to the Grantee a perpetual Conservation Restriction within the meaning of Chapter 184,,Section 31 gi.-sea, of the General Laws of Massachusetts, as amended. The terms of this Conservation Restriction are as follows: 1. prohibited Activities. Except as otherwise herein provided, or expressly permitted by the Grantee in writing, the following acts or uses are expressly forbidden on, over, or under the Premises: (a) Construction or placing of any building, tennis court, landing strip, mobile home, swimming pool, septic system, road, sign, fence, billboard or other advertising display, utilities, conduits, poles, antennas, towers, windmills, solar panels or other temporary or permanent structures or facilities on or above the ground; (b) Dumping or placing of soil or other substances on the ground as landfill, or dumping or placing of vehicle bodies or parts,junk;trash, refuse, solid or chemical waste or unsightly or offensive materials,or the installation of underground storage tanks; (c) Cutting, removal or destruction of trees, forbes, grasses, shrubs or other vegetation; 2 (d) Mining, excavating, dredging or removal of loam, peat, sand, gravel, soil rock or other mineral substances or natural deposits except as necessary for proper drainage or soil conservation and then only in a manner which does not impair the purposes of this Conservation Restriction; (e) Any commercial or industrial use or any institutional'use inconsistent with the purposes of this Conservation Restriction; (f) Use of motorized vehicles of any nature or kind, including but not limited �to cars, trucks, motorcycles, all-terrain vehicles and snowmobiles, except such as may be reasonably required by police, firemen or other govern- mental agents in carrying out their lawful duties or as reasonably necessary in conducting any of the activities permitted by this Conservation Restriction; (g) Activities detrimental to drainage,flood control, water or soil conservation, water quality, or erosion control; (h) Any other use of the Premises or activity thereon which would materially impair significant conservation interests unless such use or activity is necessary for the protection of the conservation values that are the subject of this Conservation Restriction. 2. Reserved Rights. Notwithstanding anything contained in paragraph 1, the Grantor reserves the right to conduct or permit the following activities on the Premises, but only if such activities do not impair significant conservation interests: (a) The cultivation and harvesting of forest products in accordance with such Massachusetts forestry conservation regulations as may be promulgated from time to time; 3 I (b) Hiking, horseback riding, cross-country skiing, wildlife observation and other passive outdoor recreational and educational activities; (c) .'activities designed for and in conjunction with public use of the Premises for scenic enjoyment,passive recreation, and natural and cultural history education, including but not limited to: (i) the construction, 'maintenance and marking of trails and boardwalks; and, (ii) the placing of interpretive signs and benches; (d) Activities designed to enhance the ecological or natural historical value of the Premises, including wildlife habitat improvements; (e) The construction, use, maintenance, repair and replacement of the drainage system within the area identified as "Drainage Easement" on said plan. Grantee shall be given notice prior to any construction; (f) Such other activities requested by the Grantor and expressly approved by the Grantee as are consistent with the purposes of this Conservation Restriction. The exercise of any right reserved by the Grantor under this paragraph 2 shall be in compliance with the then-current Zoning By-Law applicable to the Premises, the Wetlands Protection Act(General Laws Chapter 131, Section 40) and all other applicable federal, state and local law: The inclusion of any reserved right in this paragraph 2 requiring a permit from a public agency does not imply that the Grantee takes any position on whether such permit should be issued. 3. Affirmative Covenants of the Grantor. The Grantor shall pay before delinquency all taxes, assessments, fees and chgges levied on or assessed against the Premises by competent authority (collectively "taxes"), and shall furnish the Grantee with satisfactory evidence of payment upon request. 4. Access by„the Qra, ntee. The Grantee through its duly designated members, representatives or agents shall have the right to enter the Premises, following reasonable 4 notice and at reasonable times and in a reasonable manner, for the purpose of inspecting the Premises,determining compliance with the terms of this Conservation Restriction and preventing, abating or remedying any violations thereof. With the mutual consent of the Grantor, the Grantee shall have the right, at its sole expense, to perform any act required to preserve, conserve or promote the natural habitat of wildlife or plants located on the Premises. Except as aforesaid no rights to enter the Premises are granted hereby to the Grantee, to the public or to any other person, 5. Access by the General Public. Notwithstanding the above, the Grantor and Grantee agree that the general public may pass and repass over the Premises for the purposes of quiet passive outdoor recreation and education, and scenic enjoyment. Use of the Premises by the general public shall be subject to whatever schedule, rules and regulations the Grantor, in its sole judgement,shall determine are appropriate to protect public safety and and the natural and scenic values of the property. 6. Legal ]Remedies of the Grantee. The rights hereby granted shall include the tight to take any and all actions with respect to the Premises as may be necessary or appropriate, with or without order of court, to remedy,abate or otherwise enforce any violations hereof, as well as the right to enforce this Conservation Restriction by appropriate legal proceedings and to obtain injunctive and other equitable relief against any violations, including without limitation relief requiring restoration of the Premises to its condition at the time of this grant(it being agreed that the Grantee may have no adequate remedy at law), and shall be in addition to, and not in limitation of, any other rights and remedies available to the Grantee. The Grantor covenants and agrees to reimburse the Grantee for all reasonable costs and expenses (including without limitation reasonable counsel fees) incurred in enforcing this.Conservation Restriction of in taking reasonable measures to remedy or abate any violation thereof, provided that a violation of this Conservation Restriction is acknowledged by the Grantor or determined by a court of competent jurisdiction to have occurred. By its acceptance, the Grantee does not undertake any liability or obligation relating to the condition of the Premises. Enforcement of the terms of this Conservation Restriction shall be at the discretion of the Grantee,and any forbearance by the.Grantee to exercise its rights under this Conservation Restriction shall not be deemed or construed to be a waiver. If any provision of this Conservation Restriction shall to any extent be held invalid, the remainder shall not be affected. 5 7, Assignment by the Grant=. The benefits of this Conservation Restriction shall be deemed to be in gross and the Grantee and its successors and assigns shall have the right to assign its right, title and interest hereunder to a "Qualified Organization" as defined in Section 170 (h) (3)of the Internal Revenue Code provided that such assignee shall also be an eligible donee of a conservation restriction as set forth in Chapter 184, Section 32 of the General Laws of Massachusetts,and provided further that, as a condition of such assignment, the assignee is required to hold this Conservation Restriction and enforce its terms for conservation purposes. 8, Subsequent Tran f rs. The Grantor agrees to incorporate the terms of this Conservation Restriction in any deed or other legal instrument by which it divests itself of any interest in all or a portion of the Premises,including without limitation, a leasehold interest. 9. Representations of the Grantee. The Grantee represents that it is a municipal corporation, that it has a perpetual.existence, that it has both the necessary funds and commitment to hold this Conservation Restriction exclusively for conservation purposes.in perpetuity and to enforce its terns, and that it is a "Qualified Organization" as that term is defined in Section 170 (h) (3) of the Internal Revenue Code of 1986, as amended. 10. ReQuired Notifications of Transfers The Grantor shall notify the Grantee in writing if it conveys the Premises,or any part thereof or interest therein (including a lease). The Grantee shall notify the Grantor in writing if it assigns this Conservation Restriction. 11. NQflcp, and Approval With Respect to the Grantor's Activities. Whenever notice to or approval by the Grantee is required under the provisions of paragraphs 1 or 2, the Grantor shall notify the Grantee in writing not less than thirty (30) days prior to the date the Grantor intends.to uidertake the activity in question. The notice shall describe the nature, scope, design, location, timetable and any other material aspect of the proposed activity in sufficient detail to permit the Grantee to make an informed judgment as to its consistency with the purposes of this Conservation Restriction. Where the Grantee's approval is required, the Grantee shall grant or withhold its approval in writing within thirty (30) days of receipt of the Grantor's written request therefor. Failure of the Grantee 6 1 to respond in writing within such thirty (30)days shall be deemed to constitute approval by the Grantee of the request as submitted, so long as the request sets forth the provisions of this paragraph I I relating to deemed approval after the passage of time. 12. Proceeds from Extinguishment: Eminent Domain. The Grantor and Grantee agree that the donation of this Conservation Restriction gives rise for purposes of this paragraph to a property right, immediately vested in the Grantee, with a fair market value. If any change in conditions ever gives rise to extinguishment or other release of the Conservation Restriction under applicable law, then the Grantee, on a subsequent sale, exchange or involuntary conversion of the Premises, shall be entitled to a portion of the proceeds equal to the proportionate value of its property right as determined by independent appraisal at the time of such extinguishment or other release, subject however, to any applicable law which expressly provides for a different disposition of proceeds. Whenever all or any part of the Premises or any interest therein is taken by public authority under power of eminent domain, or if all or any part of this Conservation Restriction is otherwise extinguished by act of public authority then the Grantor and the Grantee shall cooperate in recovering the full value of all direct and consequential damages resulting from such action. All related expenses incurred by the Grantor and the Grantee shall first be paid out of any recovered proceeds,and the remaining proceeds shall be distributed between the Grantor and the Grantee in shares equal to such proportionate value. The Grantee shall use its share of the proceeds in a manner consistent with the conservation purpose set forth therein. 13. Ilinding Ef&fcto Interpre. ation. The burdens of this Conservation Restriction shall be deemed to run with the Premises and shall be enforceable in perpetuity against the Grantor by the Grantee. This Conservation Restriction shall be in addition to and not in Iieu of any other restrictions or easements of record affecting the Premises. The Grantee is authorized to record or file any notices or instruments appropriate to assuring the perpetual enforceability of this Conservation Restriction; and the Grantor on behalf of itself and its successors and assigns appoints the Grantee its attorney-in-fact to execute, acknowledge and deliver any such instruments on its behalf. Without limiting the foregoing, the Grantor agrees to execute any such instrument upon request. 14. Effective Date. The Grantor and the Grantee intend that the restrictions arising hereunder take effect when all the requisite signatures pursuant to Section 32 of Chapter 7 184 and Section 8C of Chapter 40 of the General Laws of Massachusetts have been obtained and this Conservation Restriction is recorded with the Essex North District Registry of Deeds. 15. A c-ts-BoyondGrantor's n . Nothing contained in this Conservation Restriction shall be construed to entitle the Grantee to bring any action against the Grantor for any injury to or change in the Premises resulting from causes beyond the Grantor's control, including, but not limited to, fire, flood, storm, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Premises resulting from such causes, 16. Termination-of_Rights-and Obligations, Notwithstanding anything to the contrary contained herein, the rights and obligations.under this Conservation Restriction of any party holding any *interest in the Premises terminate upon transfer of that party's interest, except that liability for acts or omissions occurring prior to transfer, and liability for the transfer itself if the transfer is in violation of this Conservation Restriction, shall survive the transfer. 17. EstopVQl Certificates. Upon request by the Grantor, the Grantee shall within, thirty(30)days execute and deliver to the Grantor any document requested, including an estoppel certificate, which certifies the Grantors'compliance with any obligation of the Grantor contained in this Conservation Restriction, and which otherwise evidences the status of this Conservation Restriction. 8 IN WITNESS WHEREOF, the said White Birch Construction, Inc. has hereunto set its hand and corporate seal this 8 day of 1994. White Birch Construction, Inc. By: - President gy. Treasurer COMMONWEALTH OF MASSACHUSETTS ESSF�( ss: ARIL, r 1994 Then personally appeared before me the above-named, :'A M8S M. G t2.t POAj j President and Treasurer,respectively, of White Birch Construction,Inc., and acknowledged the foregoing instrument to be the free act and deed of White Birch Construction, Inc. Notary Public '��` My Comm}ssi' n,Exp'ii*, Sv p7` go 19 Q N , A J t 9 P •4 I ACCEPTANCE BY CQNSERVAnON COMMISSION We, the undersigned, being a majority of the Conservation Commission of the Town of North Andover,Massachusetts hereby certify that at a meeting duly held on , the Conservation Commission voted to accept the foregoing Conservation Restriction pursuant to M.G.L. Chapter 40, Section 8C and agreed to be bound by its terms, f A. COMMONWEALTH OF MASSACHUSETTS ss. , 1994 Then personnally appeared before me the above-named Gt~oec,6 .t.. .keicµ , R��hr��o �. Fitltg.rr� , A gEaT P. MA,vz,41R AUL t . TAe(OT and , and acknowledged the foregoing instrument to be'their-free-acts and dce4s. Notary Public �j' '� 7°N My Commission Expires:Sept, 9, 10 APPROVAL BY SELECTMEN We, the undersigned, being a majority of the Selectmen of the Town of North Andover, Massachusetts, hereby certify that at a meeting duly held on the Selectmen voted to approve the foregoing Conservation Restriction on behalf of the Town of North Andover pursuant to M.G.L. Chapter 40, Section 8 , COMMONWEALTH OF MASSACHUSETTS I;SSEx ss. MARCH RE , 1994 Then personnaily appeared before me the above-named i�EVN1E 7'H t1, CR[yLIC 14 , 30ht l P. SA-VASTA k)n _; bo;uAc b r3 . Srr-_tc1Al T' Sa N , and SEAM -4. F 00NTA rn!_ , and acknowledged the foregoing instrument to be their free acts and deeds. otary �r ,4. ATau Public My Commission E46s: Pq4 11 '' 1 APPROVAL BY SECRETARY i f The undersigned Secretary of the Executive Office of Environmental Affairs of the Commonwealth of Massachusetts hereby certifies that the foregoing Conservation Restriction has been approved as being in the public interest pursuant to Massachusetts General Laws Chapter 184, Section, 32. Date: Trudy Co , Secretary,Executive Office of Environmental Affairs COMMONWEALTH OF MASSACHUSETT.S lj Ur�1'C, ss. �u , 1994 i Then personally appeared before me the above-named Trudy Coxe and acknowledged the foregoing instrument to be her free act and deed. Notary blic My Commission Expires: 12 i.. ,a5.:....:!•.. ,. . ... . _n ,w,.e....ure...z.r_a-a.ca.auLxu sw uuaasr.u.....�rx-..�..�....... ......dw.e.w.n.a..., ..._......»...._.__.�...- � `^I /V` KAREN H.P.NELSON �`' 120 Main Street, 01845 Director Town Of (508) 682-6483 NORTH ANDOVER BUILDING CONSERVATION '�"p9` DIVISION Or PLANNING PLANNING & COMMUNITY DEVELOPMENT E August 23 , 1994 Ms. Roberta McGowan, Assistant Treasurer Town Building 1.20 Main Street North Andover, MA 01845 RE: Christmas Tree Estates Dear Ms. McGowan: The North Andover Planning Board voted on August 2 , 1994 to approve the release of the following: Name of Applicant: White Birch Construction 380 Essex Street Lawrence, MA 01840 Project: Christmas Tree Estates Type of Bond: Form G Performance Bond Amount: $8 , 000 If you should have any questions, please do not hesitate to call. sincerely, anet L. Eaton, Administrative Secretary cc: Richard Nardella, Chairman, Planning Board Karen Nelson, Director, PCD i &1016D TOWN OF NORTH ANDOVER, MASSACHUSETTS DIVISION OF PUBLIC WORKS H4 OSCOOD STREET, 01846 G QRGE F EFiNA TELEPHONF (508) 665-0950 DIRECTOR FAX: (508) 683-9361 �c7RY{i O Q h 71 August 2 , 1994 sRC NU� � Mr. Richard Nardella Planning Board 120 Main Street North Andover, Ma 01845 Re: Christmas Tree Estates Dear Mr. Nardella; The Division of Public Works has reviewed the progress of construction in the Christmas Tree Estates Subdivision. We recommend that a bond amount of $31, 100 be set for work which remains to be Completed. Ve�r/y, tx y your/s, U� l , J. William HmurCx.ak, .E. Assist. Director Public Works JWH:bc cc: Belford Construction Inc. 221 Blue Ridge Rd. North Andover, Ma 01845 BELFORD CONSTRUCTION, INC 221 Blue Ridge Road North Andover, MA 01845 July 23,1994 North Andover Planning Board Town Hall 120 Main Street North Andover, MA 01845 RE: CHRISTMAS TREE ESTATES REQUEST FOR BOND AMOUNT GENTLEMEN: We herein request that a roadway bond amount be established for the remaining work to be completed for the above referenced subdivision. In accordance with the order of conditions all utilities public and private,within the roadway, have been installed to the North Andover DPW specifications . Additionally the binder coat of bituminous concrete pavement has been installed. Thank you for your anticipated cooperation in this matter. Sincerely, Belford Construction, Inc. Mark Rae President i I j4zgwa�c 11'(1jeloquI. //I� ��i>ir�irrc •�i«'G; J �1/r��r Ai Off" � } �,1 July 18, 1994 Edward O. Becker Executive Director Essex County Greenbelt Association 82 Eastern Avenue Essex, MA 01929 7c" Grva Q/r�C' l cvn� J!//r_ ' /�1a,4n/,Dd VC(C-,e� J� Dear Mr. Becker: The ,subject conservation restriction has been approved and signed by Secretary Trudy Coke . There were minor changes on pages 1 and 2 that Mr. Grifoni should initial . Then it may be recorded in the registry of deeds . Kindly notify this office of the date of recording and the book and page number (s) in which the instrument was recorded. Thank you . Sincerely, is A. Lerner Director enc . cc : North Andover Board of Selectmen TOWN OF NORTH .ANDOVER ; DIVISION OF PUBLIC WORKS . ;. UNIT PRICES �- - - CHRISTMAS TREE ESTATES ITEM UNIT PRICE QUANTITY TOTAL RELEASED RELEASED RELEASED BALANCE 8-2-94 CLEARING &GRUBBING L.F. $3.00 $0 $0 ROADWAY EXCAVATION C.Y. $0 $0 ROCK EXCAVATION C.Y. $25.00 $0 $0 SANITARY SEWERS 8" P.V.C. < 10' DEPTH L.F. $0 $0 10" P.V.C. < 10' DEPTH L.F. $0 $0 12" P.V.C. < 10' DEPTH L.F. $0 $0 8" P.V.C. > 10' DEPTH L.F. $0 $0 10" P.V.C. > 10' DEPTH L.F. $0 $0 12" P.V.C. > 10' DEPTH L.F. $0 $0 MANHOLES V.F. $200.00 $0 $0 SERVICES L.F. $20.00 $0 $0 6" FORCE MAIN L.F. $25.00 $0 $0 TESTING L.S. $500.00 1 $500 $500 MAINTENANCE L.S. $1,000.00 1 $1,000 1 $1,000 TOTAL, PAGE 1 $1,500 $0 $0 $0 $1,500 TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS UNIT PRICES CHRISTMAS TREE ESTATES ITEM UNIT PRICE IQUANTITY TOTAL RELEASED RELEASED RELEASED JBALANCE 8-2-94 WATER MAIN 12" C.L.D.I. L.F- $38.00 $0 $0 8" C.L.D.I. L.F. $34.00 $0 $0 6" C.L_D.I L.F. $25.00 $0 $0 12" G.V. EA. $700.00 $0 $0 8" G.V. EA. $400.00 $0 $0 12" x 12" T.S. &G. EA. $3,000.00 $0 $0 12" x S" T.S. &G. EA. $2,000.00 $0 $0 8" x 8" T.S. &G. EA. $1,200.00 $0 $0 HYDRANTS EA. $1,200.00 $0 $0 SERVICES L.F_ $10.00 $0 $0 TESTING L.S. $200.00 1 $200 $200 MAINTENANCE L.S. $1,500.00 1 $1,500 $1,500 STORM DRAINS 12" R.C.P. L.F. $27.00 $0 $0 15" R.C.P. L.F. $30.00 $0 $0 18" R.G.P. L.F. $33.00 $0 $0 MANHOLES V.F. $200.00 $0 $0 CATCH BASINS EA. $1,000.00 $0 $0 CLEAN C.B.'s EA. $100.00 4 $400 $400 MAINTENANCE L.S. $1,000.00 1 $1,000 $1,000 RAISE CASTINGS EA. $200.00 6 $1,200 $1,200 TOTAL, PAGE 2 $4,300 $0 $0 $0 $4,300 TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS UNIT PRICES CHRIST IAS TREE ESTATES ITEM UNIT PRICE QUANTITY TOTAL RELEASED IRELEASED IRELEASED BALANCE 8--2-94 HEADWALL EA. $3,000.00 $0 $0 GRAVEL C.Y. $7.00 $0 $0 PAVEMENT BINDER S.Y. $4.00 $0 $0 TOPPING S.Y. $3.00 1100 $3,300 $3,300 SIDEWALK L.F. $10.00 250 $2,500 $2,500 BOUNDS EA. $200.00 3 $600 $600 STREET TREES EA. $200.00 12 $2,400 $2,400 GRADE, LOAM &SEED S.Y. $7.00 900 $6,300 $6,300 DETENTION AREA EA. $2,000.00 1 $2,000 $2,000 EROSION CONTROL L.S. $2,000.00 $0 $0 TOTAL, PAGE 3 $17,100 $0 $0 $0 $17,100 TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS UNIT PRICES CHRISTMAS TREE ESTATES ITEM UNIT PRICE QUANTITY TOTAL RELEASED RELEASED RELEASED BALANCE 8-2-94 STREETS SIGNS EA. $300.00 $0 $0 CONVEYANCE PROCEDURE L.S. $2,000.00 1 $2,000 $2,000 AS-BUILT DRAWING L.S. $3,000.00 1 $3,000 $3,000 MISCELLANEOUS FIX EROSION AT ISLAND EA. $200.00 1 $200 $200 LANDSCAPE ISLAND EA. $1,000.00 1 $1,000 $1,000 CONSTRUCT PRIVATE DRIVE EA. $2,000.00 1 $2,000 $2,000 TOTAL, PAGE 4 $8,200 $0 $0 $0 $8,200 PAGE 1 $1,500 $0 $0 $0 $1,500 PAGE 2 $4,300 $0 $0 $0 $4,300 PAGE 3 $17,100 $0 $0 $0 $17,100 PAGE 4 $8,200 $0 $0 $0 $8,200 GRAND TOTALS $31,100 $0 $0 $0 $31,100 I FORM G PERFORMANCE BOND DEPOSIT OF MONEY NORTH ANDOVER PLANNING BOARD January 18 , 19 94 North Andover, Massachusetts AGREEMENT is made this date between the Town of North Andover and .Tames M. Grifoni , hereinafter with his or its executors, devisees, administrators, heirs, successors and assigns, referred to as the "Applicant" of : White Birch Construction, Inc. with business address of 380 Essex St. , Lawrence, MA 01840 and/or, for individual residence address of 7 Comanche Circle, Billerica, MA ► to secure construction of South Bradford Street as shown on a plan entitled .R. Subdivision flan Christmas Tree Estates" , prepared by Christiansen & Sergi, 160 _ Summer Street, Haverhill., MA , dated, r owned by white Birch Construction Inc. , with business address of 380 Essex Street, Lawrence, MA and/or, for individual, residence address of 7 Comanche Circle, Billerica MA for land located at: South Bradford Street, North Andover, MA KNOW ALL MEN by these presents that the Applicant hereby binds and obligates himself, to the Town of North Andover, a Massachusetts municipal corporation, acting through its Planning Board, in the sum Of Eight Thousand ($8,000.00) dollars, and has secured this obligation by depositing with the Treasurer of the Town of North Andover a deposit of money in the above sum to be deposited in an interest-bearing account as designated by the Town Treasurer in the name of the Town. The deposit of money is to be used to insure the performance by the Applicant of all covenants, conditions, agreements, terms and provisions contained in the following: 1. . Application for Approval of Definitive Plan (Form C) , dated August 6, 1993 2 . The Subdivision Control Law and the Planning Board ' s Rules and Regulations governing the subdivision of land dated February 1989 3 . Conditions included in the Certificate of Approval issued by the Planning Board and dated December 7, 1993 4 . The Definitive Plan as qualified by the Certificate of Approval . 5 . Other document (s) specifying construction or installation to be completed, namely _ None This agreement shall remain in full force and effect until the Applicant has fully and satisfactorily performed all obligations specified herein or has elected to provide another method of securing performance as provided in G. L. , c. 40, S81-U. Upon completion by the Applicant of all obligations specified herein, on or before the date of expiration of the Decision of the Planning Board, that date being December 20, 1995 , or such later date as may be specified by vote of the Planning Board through the issuance of an Extension, the deposit of money, including all interest, shall be returned to the Applicant upon a vote of the Planning Board. The Applicant may request a release of a portion of the deposit as portions of the work are completed. If the Applicant fails to complete the work secured by this agreement by the above stated or extended deadline, the deposit of money may be applied in whole, or in part, by and upon a vote of the Planning Board for the benefit of the Town of North Andover to the extent of the reasonable cost to the Town of completing such construction or installation as specified in this agreement. Any unused money and the interest accrued on the deposit of money, unless said interest is used to complete such construction or installation, shall be returned to the Applicant upon completion of such construction or installation by the Town upon a vote of the Planning Board. The Town of North Andover, acting by and through its Planning Board, hereby agrees to accept the aforesaid deposit of money in the amount specified in this agreement as security for the performance of the construction and installation specified herein. Any amendments to this agreement and/or to the aforesaid security shall not be effective unless agreed upon in writing by the parties to this Agreement. IN WITNESS WHEREOF we have hereunto set our hands and seals on this date: .]mw-ys-I IS , 19 q] 41 _. Signature of Plannifjj Board Chair or Date Town Planner, as au - orized by vote of Plan oard gd oI'l lieant or itsDate Autkoriaed White Birch Coction, Inc, l_ Names M. Grifoni, President 020-45-6014 Social Security # or Taxpayer I . D. (2) STATE OF NEW HAMPSHIRE ====KXX=X==MM XXXX ' I C1��1ss Lrl ► 19�'� Then personally appeared as the Applicant or his/its authorized agent and acknowledged the foregoing instrument to be his or her free act and deed and the free act and deed of the Applicant, before me. 0. 4. Notary Public My Commission Expires: COMMONWEALTH OF MASSACHUSETTS GSSEK ss ZYAAJUAkV .. JR r 19 , g - Then personally appeared K R CQLWGLL- as the Planning Board Chair or his/her authorized agent and acknowledged the foregoing instrument to be his/her free act and deed and the free act and deed of the Applicant, before me. (11 Iyul Y ea t�4 rotary Public --TA4J6r L- 1A) My Commission Expires : -W 9, / " (3) I E FORM G PERFORMANCE BOND DEPOSIT OF MONEY NORTH ANDOVER PLANNING BOARD 19 94 North Andover, Massachusetts AGREEMENT is made this date between the Town of North Andover and Mark F. Rae , hereinafter with his or its executors, devisees, administrators, heirs, successors and assigns, referred to as the "Applicant" of : BELFORD CONSTRUCTION, INC. with business address of 221 Blue Ridge Road, No. Andover, h3A 01845 and/or, for individual residence address of 221 Blue Ridge Road, North Andover, MA 01845 , to secure construction of South Bradford Street as shown on a plan entitled Definitive P.R.D. Subdivision Plan "Christmas Tree Estates" Located in North Andover, MA , prepared by Christiansen & Sergi, 160 Summer Street, Haverhill., MA 01830 , dated, August 3, 1993, Revised 1,1/11/93 owned by White Birch Constr. Inc. , with business address of 380 Essex Street, Lawrence, MA and/or, for individual , residence address of for land located at: South Bradford Street, North Andover, MA 01845___ KNOW ALL MEN by these presents that the Applicant hereby binds and obligates himself, to the Town of North Andover, a alb corporation,Massachusetts municipal pin the sum of �� acting through its Planning dollars, and has a. secured this obligation by depositing with the Treasurer of the Town of North Andover a deposit of money in the above sum to be deposited in an interest-bearing account as designated by the Town Treasurer in the name of the Town. The deposit of money is to be used to insure the performance by the Applicant of all covenants , conditions, agreements, terms and provisions contained in the following: 1. Application for Approval of Definitive Plan (Form C) , dated August 6, 1993 2 . The Subdivision Control Law and the Planning Board ' s Rules and Regulations governing the subdivision of land dated February 1989 3 . Conditions included in the Certificate of Approval issued by the Planning Board and dated December 7, 1993 4 . The Definitive Plan as qualified by the Certificate of Approval . 5 . other document (s) specifying construction or installation to be completed, namely None (l) 1 This agreement shall remain in full force and effect until the Applicant has fully and satisfactorily performed all obligations specified herein or has elected to provide another method of securing performance as provided in G. L. , c.40, S81-U. Upon completion by the Applicant of all obligations specified herein, on or before the date of expiration of the Decision of the Planning Board, that date being December 20, 1995 � or such later date as may be specified by vote of the Planning Board through the issuance of an Extension, the deposit of money, including all interest, shall be returned to the Applicant upon a vote of the Planning Board. The Applicant may request a release of a portion of the deposit as portions of the work are completed. If the Applicant fails to complete the work secured by this agreement by the above stated or extended deadline, the deposit of money may be applied in whole, or in part, by and upon a vote of the Planning Board for the benefit of the Town of North Andover to the extent of the reasonable cost to the Town of completing such construction or installation as specified in this agreement. Any unused money and the interest accrued on the deposit of money, unless said interest is used to complete such construction or installation, shall be returned to the Applicant upon completion of such construction or installation by the Town upon a vote of the Planning Board. The Town of North Andover, acting by and through its Planning Board, hereby agrees to accept the aforesaid deposit of money in the amount specified in this agreement as security for the performance of the construction and installation specified herein. Any amendments to this agreement and/or to the aforesaid security shall not be effective unless agreed upon in writing by the parties to this Agreement. IN WITNESS WHEREOF we have hereunto set our hands and seals on this date: AuGv ST 19 9V - Signat re 'of Planning oard chair or Date Town Planner, as autho ized by vote of Planning Bo rd cam-• Signat re of Applicant or its Date 3 Authorized Agent Belford Construction, Inc. Mark F. Rae, President a�D-1 - ,IF- U qas — Social Security # or Taxpayer I . D. (2) COMMONWEALTH OF MASSACHUSETTS Essex, ss gV60S7- If, , 19 Then personally appeared Mark F. Rae as the Applicant or his/its authorized agent and acknowledged the foregoing instrument to be his or her free act and deed and the free act and deed of the Applicant, before me. L otary Public z1AA)GT My Commission Expires : 1� % } cl ow COMMONWEALTH OF MASSACHUSETTS �+ / Essex ss 1,gNGO-97- �� 19 7� Then personally appeared '30-sc-P4 V. MAHOruey __ as the Planning Board Chair or his/her authorized agent and acknowledged the foregoing instrument to be his/her free act and deed and the free act and deed of the Applicant, before me. t� otary Public -SAk)CT L . -EATON My Commission Expires: (3) nF paniH � , AItI;N N.P.-NELSONa; " :, Town ®f 120 Main Street, 01845 D rector .' NORTH ANDOVER (sas) ssz 64s3 :.; BIJILDING ,,q CONSERVATION aAgjpe` DIVISION OF HEALTH ,ANNING pLAI�NI PLANNING & COMMUNITY DEVELOPMENT Memorandum To: James Gordon, Town Manager From: Kathleen Bradley Colwell, Town Planner A-` � Date: March 25, 1994 Re: Christmas Tree Estates Subdivision/PRD Conservation Restriction The Christmas Tree Estates subdivision is a four lot extension of South Bradford Street. A 396, 637 sf parcel of open space was created as part of the PRD. This parcel will be donated by the applicant to the Essex County Greenbelt as this organization owns adjacent land. As you know, our Zoning Bylaw requires that a perpetual conservation restriction enforceable by the Town be placed on all open space parcels created through the PRD process. The conservation restriction must be accepted by the Conservation Commission and the Board of Selectmen and then approved by the Secretary of Environmental Affairs. Attached for your review is a copy of the conservation restriction for this parcel . I have reviewed the restriction and it mirrors other restrictions Town Counsel has reviewed therefore I did not send it to counsel for review. The restriction is the same as all of the other restrictions that the Board has accepted such as Phillips Common, Cobblestone Crossing, Hickory Hill, and North Andover Estates. I would like to have this Conservation Restriction reviewed and approved by the Selectmen at their earliest convenience. The document will be reviewed and approved by the Conservation Commission at their April 6 meeting. If you have any questions please let me know. cc. K. Nelson, Dir PCD l a i CONSERVATION RESTRICTION The undersigned, White Birch Construction, Inc., a Massachusetts corporation having its principal office at 380 Essex Street, Lawrence, Essex County, Massachusetts, for nominal consideration, hereby grants to the Town of North Andover, a municipal corporation of Essex County, Massachusetts acting by and through its Conservation Commission established under Section 8C of Chapter 40 of the General Laws of Massachusetts, its successors and permitted assigns, in perpetuity and exclusively for conservation purposes, a Conservation Restriction on the land located in North Andover, Essex County, Massachusetts identified as Lot 5 on a plan entitled "Definitive P.R.D. Subdivion Plan 'Christmas Tree Estates' located in North Andover, MA.", prepared for White Birch Construction, Inc. by Christiansen & Sergi, dated 8/3/93, revised 11/8/93 and recorded in the Essex County North District Registry of Deeds in Plan Book , as Plan (the "Premises"). Said White Birch Construction, Inc. and its successors in title to the Premises are hereinafter called the "Grantor" and the Town of North Andover and its successors and permitted assigns are hereinafter called the "Grantee". Whereas, the Premises provides significant scenic, aesthetic, scientific and education value in its present state as a natural area and open space which has not been subjected to development incompatible with said uses; and Whereas, the Grantor and Grantee recognize the uniqueness of the Premises as a distinctive Massachusetts landscape embodying the special character of the region in which the Premises is located and have the common purpose of conserving the natural values of the Premises for this generation and future generations; and Whereas, the Premises will be open to the general public for outdoor recreational and educational use; and 1 1 1 v Whereas, the Premises is adjacent to land owned by the Essex County Greenbelt Association, Inc. thereby expanding an area of protected open space; and Whereas, the Premises contains a diversity of wildlife habitat including upland forest and wetlands; and Whereas, the Town of North Andover has identified the significance of the Premises as an open space through a Special Pen-nit issued on December 20, 1993 under Section 8.5 (Planned Residential Development) of the North Andover Zoning Bylaw, a certified copy of which is recorded in said Registry of Deeds in Book , Page Therefore, in order to preserve the Premises in perpetuity in its present natural scenic and open condition, the Grantor conveys to the Grantee a perpetual Conservation Restriction within the meaning of Chapter 184, Section 31 et. seq. of the General Laws of Massachusetts, as amended. The terms of this Conservation Restriction are as follows: 1. Prohibited Activities Except as otherwise herein provided, or expressly permitted by the Grantee in writing, the following acts or uses are expressly forbidden on, over, or under the Premises: (a) Construction or placing of any building, tennis court, landing strip, mobile home, swimming pool, septic system, road, sign, fence, billboard or other advertising display, utilities, conduits, poles, antennas, towers, windmills, solar panels or other temporary or permanent structures or facilities on or above the ground; (b) Dumping or placing of soil or other substances on the ground as landfill, or dumping or placing of vehicle bodies or parts,junk, trash, refuse, solid or chemical waste or unsightly or offensive materials, or the installation of underground storage tanks; (c) Cutting, removal or destruction of trees, forbes, grasses, shrubs or other vegetation; 2 i a (d) Mining, excavating, dredging or removal of loam, peat, sand, gravel, soil rock or other mineral substances or natural deposits except as necessary ,or proper drainage or soil conservation and then only in a manner which does not impair the purposes of this Conservation Restriction; (e) Any commercial or industrial use or any institutional use inconsistent with the purposes of this Conservation Restriction; (f) Use of motorized vehicles of any nature or kind, including but not limited to cars, trucks, motorcycles, all-terrain vehicles and snowmobiles, except such as may be reasonably required by police, firemen or other govern- mental agents in carrying out their lawful dunes or as reasonably necessary in conducting any of the activities permitted by this Conservation Restriction; (g) Activities detrimental to drainage, flood control, water or soil conservation, water quality, or erosion control; (h) Any other use of the Premises or activity thereon which would materially impair significant conservation interests unless such use or activity is necessary for the protection of the conservation values that are the subject of this Conservation Restriction. 2. Rese �Led Rights. Notwithstanding anything contained in paragraph 1, the Grantor reserves the right to conduct or permit the following activities on the Premises, but only if such activities do not impair significant conservation interests: (a) The cultivation and harvesting of forest products in accordance with such Massachusetts forestry conservation regulations as may be promulgated from time to time; 3 y �I (b) Hiking, horseback riding, cross-country skiing, wildlife observation and other passive outdoor recreational and educational activities; (c) 'activities designed for and in conjunction with public use of the Premises for scenic enjoyment, passive recreation, and natural and cultural history education, including but not limited to: (i) the construction, maintenance and marking of trails and boardwalks; and, (ii) the placing of interpretive signs and benches; (d) Activities designed to enhance the ecological or natural historical value of the Premises, including wildlife habitat improvements; (e) The construction, use, maintenance, repair and replacement of the drainage system within the area identified as "Drainage Easement" on said plan. Grantee shall be given notice prior to any construction; {f) Such other activities requested by the Grantor and expressly approved by the Grantee as are consistent with the purposes of this Conservation Restriction. The exercise of any right reserved by the Grantor under this paragraph 2 shall be in compliance with the then-current Zoning By-Law applicable to the Premises, the Wetlands Protection Act (General Laws Chapter 131, Section 40) and all other applicable federal, state and local law. The inclusion of any reserved right in this paragraph 2 requiring a permit from a public agency does not imply that the Grantee takes any position an whether such permit should be issued. 3. Affirmative Cavenants of the Grantor. The Grantor shall pay before delinquency all taxes, assessments, fees and charges levied on or assessed against the Premises by competent authority (collectively "taxes"), and shall furnish the Grantee with satisfactory evidence of payment upon request. 4. AcceSs by the Grantees. The Grantee through its duly designated members, representatives or agents shall have the right to enter the Premises, following reasonable 4 1 s notice and at reasonable times and in a reasonable manner, for the purpose of inspecting the Premises, determining compliance with the terms of this Conservation Restriction and preventing, abating or remedying any violations thereof. With the mutual consent of the Grantor, the Grantee shall have the right, at its sole expense, to perform any act required to preserve, conserve or promote the natural habitat of wildlife or plants located on the Premises. Except as aforesaid no rights to enter the Premises are granted hereby to the Grantee, to the public or to any other person. S. Access by the General Public. Notwithstanding the above, the Grantor and Grantee agree that the general public may pass and repass over the Premises for the purposes of quiet passive outdoor recreation and education, and scenic enjoyment. Use of the Premises by the general public shall be subject to whatever schedule, rules and regulations the Grantor, in its sole judgement, shall determine are appropriate to protect public safety and and the natural and scenic values of the property. b. Legal Remedies of the Grantee. The rights hereby granted shall include the right to take any and all actions with respect to the Premises as may be necessary or appropriate, with or without order of court, to remedy, abate or otherwise enforce any violations hereof, as well as the right to enforce this Conservation Restriction by appropriate legal proceedings and to obtain injunctive and other equitable relief against any violations, including without limitation relief requiring restoration of the Premises to its condition at the time of this grant (it being agreed that the Grantee may have no adequate remedy at law), and shall be in addition to, and not in limitation of, any other rights and remedies available to the Grantee. The Grantor covenants and agrees to reimburse the Grantee for all reasonable costs and expenses (including without limitation reasonable counsel fees) incurred in enforcing this Conservation Restriction or in taking reasonable measures to remedy or abate any violation thereof, provided that a violation of this Conservation Restriction is acknowledged by the Grantor or determined by a court of competent jurisdiction to have occurred. By its acceptance, the Grantee does not undertake any liability or obligation relating to the condition of the Premises. Enforcement of the terms of this Conservation Restriction shall be at the discretion of the Grantee, and any forbearance by the Grantee to exercise its rights under this Conservation Restriction shall not be deemed or construed to be a waiver. If any provision of this Conservation Restriction shall to any extent be held invalid, the remainder shall not be affected. 5 0 } r 7. A si nment by the Grantee, The benefits of this Conservation Restriction shall be deemed to be in gross and the Grantee and its successors and assigns shall have the right to assign its right, title and interest hereunder to a "Qualified Organization" as defined in Section 170 (h) (3) of the Internal Revenue Code provided that such assignee shall also be an eligible donee of a conservation restriction as set forth in Chapter 184, Section 32 of the General Laws of Massachusetts, and provided further that, as a condition of such assignment, the assignee is required to hold this Conservation Restriction and enforce its terms for conservation purposes. 8. Subsequent Transfers. The Grantor agrees to incorporate the terms of this Conservation Restriction in any deed or other legal instrument by which it divests itself of any interest in all or a portion of the Premises, including without limitation, a leasehold interest. 9. Representations of the Cjrantee. The Grantee represents that it is a municipal corporation, that it has a perpetual existence, that it has both the necessary funds and commitment to hold this Conservation Restriction exclusively for conservation purposes in perpetuity and to enforce its terms, and that it is a "Qualified Organization" as that term is defined in Section 170 (h) (3) of the Internal Revenue Code of 1986, as amended. 10. Required Notificatii2ns of Transfers. The Grantor shall notify the Grantee in writing if it conveys the Premises, or any part thereof or interest therein (including a lease). The Grantee shall notify the Grantor in writing if it assigns this Conservation Restriction. 11. Notice and Approval With Respect to the Grantor's Activities. Whenever notice to or approval by the Grantee is required under the provisions of paragraphs 1 or 2, the Grantor shall notify the Grantee in writing not less than thirty (30) days prior to the date the Grantor intends to undertake the activity in question. The notice shall describe the nature, scope, design, location, timetable and any other material aspect of the proposed activity in sufficient detail to permit the Grantee to make an informed judgment as to its consistency with the purposes of this Conservation Restriction. Where the Grantee's approval is required, the Grantee shall grant or withhold its approval in writing within thirty (30) days of receipt of the Grantor's written request therefor. Failure of the Grantee 6 . i to respond in writing within such thirty (30) days shall be deemed to constitute approval by the Grantee of the request as submitted, so long as the request sets forth the provisions of this paragraph 11 relating to deemed approval after the passage of time. 12. Proceeds from Er,tinaguishment: Eminent Domain. The Grantor and Grantee agree that the donation of this Conservation Restriction gives rise for purposes of this paragraph to a property right, immediately vested in the Grantee, with a fair market value. If any change in conditions ever gives rise to extinguishment or other release of the Conservation Restriction under applicable law, then the Grantee, on a subsequent sale, exchange or involuntary conversion of the Premises, shall be entitled to a portion of the proceeds equal to the proportionate value of its property right as determined by independent appraisal at the time of such extinguishment or other release, subject however, to any applicable law which expressly provides for a different disposition of proceeds. Whenever all or any part of the Premises or any interest therein is taken by public authority under power of eminent domain, or if all or any part of this Conservation Restriction is otherwise extinguished by act of public authority then the Grantor and the Grantee shall cooperate in recovering the full value of all direct and consequential damages resulting from such action. All related expenses incurred by the Grantor and the Grantee shall first be paid out of any recovered proceeds, and the remaining proceeds shall be distributed between the Grantor and the Grantee in shares equal to such proportionate value. The Grantee shall use its share of the proceeds in a manner consistent with the conservation purpose set forth therein. 13. Bindina Effect-, Interpretation. The burdens of this Conservation Restriction shall be deemed to run with the Premises and shall be enforceable in perpetuity against the Grantor by the Grantee. This Conservation Restriction shall be in addition to and not in lieu of anv other restrictions or easements of record affecting the Premises. The Grantee is authorized to record or file any notices or instruments appropriate to assuring the perpetual enforceability of this Conservation Restriction; and the Grantor on behalf of itself and its successors and assigns appoints the Grantee its attorney-in-fact to execute, acknowledge and deliver any such instruments on its behalf. Without limiting the foregoing, the Grantor agrees to execute any such instrument upon request. 14. Effective Date. The Grantor and the Grantee intend that the restrictions arising hereunder take effect when all the requisite signatures pursuant to Section 32 of Chapter 7 184 and Section 8C of Chapter 40 of the General Laws of Massachusetts have been obtained and this Conservation Restriction is recorded with the Essex North District Registry of Deeds. 15. Acts Beyond Grantor's Control. Nothing contained in this Conservation Restriction shall be construed to entitle the Grantee to bring any action against the Grantor for any injury to or change in the Premises resulting from causes beyond the Grantor's control, including, but not limited to, fire, flood, storm, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Premises resulting from such causes. lb. Termination_of Rights and Obligations. Notwithstanding anything to the contrary contained herein, the rights and obligations under this Conservation Restriction of any party holding any interest in the Premises terminate upon transfer of that party's interest, except that liability for acts or omissions occurring prior to transfer, and liability for the transfer itself if the transfer is in violation of this Conservation Restriction, shall survive the transfer. 17. Estoppel Certificates. Upon request by the Grantor, the Grantee shall within thirty (30) days execute and deliver to the Grantor any document requested, including an estoppel certificate, which certifies the Grantors' compliance with any obligation of the Grantor contained in this Conservation Restriction, and which otherwise evidences the status of this Conservation Restriction. 8 i 1 I'; 7 IN WITNESS WHEREOF, the said White Birch Construction, Inc. has hereunto set its hand and corporate seal this day of 1994. White Birch Construction, Inc. By: President By: Treasurer COMMONWEALTH OF MASSACHUSETTS ss. , 1994 Then personally appeared before me the above-named, , President and Treasurer, respectively, of White Birch Construction, Inc., and acknowledged the foregoing instrument to be the free act and deed of White Birch Construction, Inc. Notary Public My Commission Expires: 9 i ACCEPTANCE BY CONSERVATION COMMISSION We, the undersigned, being a majority of the Conservation Commission of the Town of North Andover, Massachusetts hereby certify that at a meeting duly held on the Conservation Commission voted to accept the foregoing Conservation Restriction pursuant to M.G.L. Chapter 40, Section SC and agreed to be boundby its terms. CONLMONWEALTH OF MASSACHUSETTS ss. , 1994 Then personnally appeared before me the above-named Gcoe6E L • RQC µ , (2tcha�o �. HIIJ[grn Al-B 97 F MANZI, JR AUL I- • TAeIOT , and , and acknowledged the foregoing instrument to be their free acts and deeds. Notary Public Z517PN My Commission Expires:S,�V. LZ 10 APPROVAL BY SELECTMEN We, the undersigned, being a majority of the Selectmen of the Town of North Andover, Massachusetts, hereby certify that at a meeting duly held on , the Selectmen voted to approve the foregoing Conservation Restriction on behalf of the Town of North Andover pursuant to M.G.L. Chapter 40, Section 8 ✓I J Y COMMONWEALTH OF MASSACHUSETTS ESS6x , ss. MARC8 o?8 , 1994 Then personnally appeared before me the above-named KER)hjeTh (2 . CR()VL Imo, SoRt J P. SA\JASTA,,L,lo , aokALI) 3 , STC lc1Al,ZT .3o�kN R, L EE m AtJ r-Sa. , and SEAN 5• F 60til A ml and acknowledged the foregoing instrument to be their free acts and deeds. 0 otary Public t" My Commission Expires: 11 APPROVAL BY SECRETARY The undersigned Secretary of the Executive Office of Environmental Affairs of the Commonwealth of Massachusetts hereby certifies that the foregoing Conservation Restriction has been approved as being in the public interest pursuant to Massachusetts General Laws Chapter 184, Section 32. Date: Trudy Coxe, Secretary, Executive Office of Environmental Affairs COMMONWEALTH OF MASSACHUSETTS ss. , 1994 Then personally appeared before me the above-named Trudy Coxe and acknowledged the foregoing instrument to be her free act and deed. Notary Public My Commission Expires: 12 y 04 Hpn tl,,M ICAREN H.P. NELSON'° $ Town of 120 Main Street, 01845 Director NORTH ANDOVER (508) 682 G483 BUILDING CONSERVATION s8,°" 0` DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT February 22 , 1994 Mr. Ed Becker Essex County Greenbelt 82 Eastern Avenue Essex, MA 01929 Re: Conservation Restriction - Christmas Tree Estates Dear Mr. Becker, Enclosed for your review is a copy of the proposed conservation restriction for Christmas Tree Estates. The additions and changes that I have made are marked in red. If you have ' any questions please do not hesitate to call me at 682-6483 ext. 24 . Sincerely, Kathleen Bradley 'Gblwell Town Planner CC. Ed Huminick, White Birch Construction 1 DRAFT 2/2/94 1 . /�;ha►o�� ask-� :'. , The undersigned,White Birch Const ucti , Inc., a Massachusetts corporation having its principal office at 380 Essex Street, wrence, Essex County,Massachusetts, for nominal consideration,hereby grants to d,e Town of North Andover, a municipal corporation of Essex County, Massachusetts acting by and through its Conservadon Commission established under Section SC of Chapter 40 of the General Laws of Massachusetts, its successors and permitted assigns,in perpetuity and exclusively for conservation,purposes, a Conservation Restriction on the land located in North Andover, Essex County, Massachusetts identified as Lot 5 on a plan entitled Definitive P.R.D. Subdivion Plan 'Christmas Tree Estates' located in North Andover, MA.", prepared for White Birch Construction, Inc. by Christiansen & Sergi, dated 8/3/93,revised 11/8l93 and recorded in the Essex County North District Registry of Deeds in Plan Book , as Plan (the "Premises"), Said White Birch Construction, Inc. and its successors in title to the Premises are hereinafter called the "Grantor" and the Town of North Andover and its successors and permitted assigns are hereinafter called the "Gruntce Whereas, the Premises provides significant scenic, aesthetic, scientific and education value in its present ante as a natural area and open space which has not been subjected to development incompatible with said uses, and Whereas, the Grantor and Grantee recognizo the uniqueness of the Premises as a distinctive Massachusetts landscape embodying the special character of the region in which the Premises is located and have the common purpose of conserving the natural values of the Premises for this generation and future generations; and Whereas, the Premises will be open to the general public for outdoor recreational and educational use; and 1 1 yy I 1 � 1 Whereas,the Premises is adjacent to land owned by the Essex County Greenbelt Association,Inc. thereby expanding an area of protected open space; and Whereas, the F tVmises contains a diversity of wildlife habitat including upland forest and wetlands; and Whereas, the Town of North Andover has identified the sipificance of the Premises as an open space through a Special Permit issued on December 20, 1993 under Section 8.5 (Planned Residential Development) of the North Andover Zoning Bylaw, a certified copy of which is recorded in said Registry of Deeds in Book , Page Therefore, in order to preserve the Premises in perpetuity in its present natural scenic and open condition,the Grantor conveys to the Grantee a perpetual Conservation Restriction within the meaning of Chapter 184, Section 31 et,sea� of the General Laws of Massachusetts, as amended, The te=s of this Conservation Restriction are as follows: 1, v-iti= Except as otherwise herein provided, or expressly permitted by the Grantee in writing, the following acts Or uses are expressly forbidden on, over, or under the Premises: (a) Construction or placing of any building, tennis court, anding strip, mo�iiie home, swimming$wl, septic system,mad, sign, fence, billboard or other advertising display, utilities, conduits,poles, antezas�avindmtils, solar panels or other temporary or permanent structures or facilities on or above the ground; ,,(b) Dumping or placing of soil or other substances on the ground as landfill, or dumping or placing of vehicle bodies or parts,gunk, trash,refuse, solid or chemical waste or unsightly or offensive materials, or the installation of underground storage tanks; . ✓(c) Cutting, removal or destruction of trees, forbes, grasses, shrubs or other vegetation; 2 i I d gravel, soil !, in l of loam, peat, sand, gra . , (d) wing, excavating. dredging or remova sta sits except as necessary rock or other mineral substances or natural then P° only in manner which for proper drainage or soil conservauan does not impair the PurNses of this Conservation Restriction; (e) Any commercial or industrial use or any institutional use inconsistent with the purposes of this Conservation Restriction; Use of motoffized vehicles Of MY na=Of K4 to cars, trucks, motorcycles,all-terrain vehicles and snowmobiles, except such as may be reasonably required by police,firemen or other govern- mental, agents in carrying out their lawful duties or as reasonably nccessary in conducting any of the activities permitted by this Conservation Restriction; �(g) Activities detrimental to drainage, flood control, water or soil conservation, water quality, or erosion contml; (h) Any other use of the Premises or activity thereon which would materially impair significant conservation interests unless such use or activity is necessary for the protection of the conservation values that are the subject of this Conservation Restriction, 2, Rrserved IghILNotwithstanding anything contained in paragraph 1, the Grantor reserves the right to conduct or permit the following activities on the Premises,but only if such activities do not impair significant conservation interests: (a) The cultivation and harvesting of forest products in accordance with such Massachusetts forestry conservation regulations as may be promulgated from time to tirne; 3 (b) Hiking, horseback riding, cross-country skiing, wildlife observation and other passive outdoor recreational and educational activities; (c) Activities designed for and in conjunction with public use of the Premises for scenic enjoyment,passive recreation, and natural and cultural history education, including but not limited to: (i) the construction, maintenance and marking of trails and boardwalks; and, (h) the placing of interpretive signs and benches; (d) Activities designed to enhance the ecological or natural historical value of the Premises, including wildlife habitat improvements; (e) The construction, use, maintenance, repair and replacement of the drainage system within the area identified as "Drainage Easement" on said plan. Grantee shall be given notice prior to any construction; (f) Such other activities requested by the Grantor and expressly approved by the Grantee as are consistent with the purposes of this Conservation Restriction. The exercise of any right reserved by the Grantor under this paragraph. 2 shad be in compliance with the then-current Zoning Hy-Law applicable to the Prezrtises, the Wetlands Protection Act(General Laws Chapter 131, Section 40) and all other applicable federal, state and local law. The inclusion of any reserved right in this paragraph 2 requiring a permit from a public agency does not imply that the Grantee takes any position on whether such permit should be issued, 3. - The Grantor shall pay before delinquency all taxes, assessments, fees and charges levied on or assessed against the Premises by competent authority (collectively „taxes"), and shall furnish the Grantee with satisfactory evidence of payment upon request. 4, Ac . The Grantee through its duly designated members, representatives or agents shall have the right to enter the Premises, following reasonable 4 nodco and at reasonable times and in a reasonable manner,for the purpose of inspecting the Premises,determining compliance with the terms of this Conservation Restriction and preventing, abating or remedying any violations thereof. With the mutual consent of the C.rrantor, the Grantee shall have the right, at its sole expense, to perform any act required to preserve, conserve or promote the natural habitat of wildlife or plants located on the Premises. Except as aforesaid no rights to enter the Premises are granted hereby to the Grantee, to the public or to any other person. 5. Accegs by the General EubJi;. Notwithstanding the above, the Grantor and Grantee agree that the general public may pass and repass over the Premises for the purposes of quiet passive outdoor recreation and education, and scenic enjoyment, Use of the Premises by the general public shall be subject to whatever schedule,rules and regulations the Grantor, in its sole judgement, shall determine are appropriate to protect public safety and and the natural and scenic values of the property. 6, T P¢al ReMtjes of the Grantee. The rights hereby granted shall include the right to take any and all actions with respect to the Premises as may be necessary or appropriate, with or without order of court, to rornedy, abate or otherwise enforce any violations hereof, as well as the right to enforce this Conservation Restriction by appropriate legal proceedings and to obtain injunctive and other equitable relief against any violations, including without limitation relief requiring restoration of the Premises to its condition at the time of this giant (it being agreed that the Grantee may have no adequate remedy at law), and shall be in addition to, and not in limitation of, any other rights and remedies available to the Grantee. The Grantor covenants and agrees to reimburse the Orantee for all reasonable costs and expenses (including without limitation reasonable counsel fees) incurred in enforcing this Conservation Restriction or in taking reasonable measures to remedy or abate any violation thereof,provided that a violation of this Conservation Restriction is acknowledged by the Grantor or determined by a court of competent jurisdiction to have occurred. By its acceptance, the Grantee does not undertake any liability or obligation relating to the condition of the Premises. Enforcement of the terms of this Conservation Restriction shall be at the di=fion of the Grantee, and any forbearance by the Grantee to exercise its rights under this Conservation Restriction shall not be deemed or construed to be a waiver. If any provision of this Conservation Restriction shall to any extent be held invalid,the remainder shall not be affected. 5 I � 7. , The benefits of this Conservation Restriction shall be deemed to be in gross and the Grantee and its successors and assigns shall have the right to assign its right, title and interest hereunder to a "Qualified Organization" as defined in Section 170 (h) (3) of the internal Revenue Code provided that such assignee shall also be an eligible donee of a conservation restriction as set forth in Chapter I84, Section 32 of the General Laws of Massachusetts,and provided further that, as a condition of such assignment, the assignee is required to hold this Conservation Restriction and enforce its terms for conservation purposes, 8. S bs:guent Transfers. The Grantor agrees to incorporate the terms of this Conservation Restriction in any deed or other legal instrument by which it divests itself of any interest in all or a portion of the Premises, including without limitation,a leasehold interest. 9. . The Grantee represents that it is a municipal corporation, that it has a perpetual existence,that it has both the necessary funds and comtnittnent to hold this Conservation Restriction exclusively for conservation purposes in perpetuity and to enforce its =ns,and that it is a "Qualified organization" as that terin is defined in Section 170 (h) (3) of the Internal Revenue Code of 1986,as amended. 10. , The Grantor shall notify the Grantee in writing if it conveys the Premises, or any put thereof ar itterest therein (including a lease), The Grantee shall notify the Grantor in writing if it assigns this Conservation Restriction. . Whenever 11. a 2, notice to or approval by the Grantee is required the provisions of paragraphs 1 the Grantor shall notify the Grantee in writing not less than thirty (30) days prior to the date the Grantor intends to undertake the activity in question. The-notice shad describe the stature, scope, design,location, timetable and any other material aspect of the proposed nt as to its activity in sufficient detail to permit the Grantee to make an infonmd judgme �.InRict-nev with the%M)Oses Of this Consarvatstm RCstrxcunn. Wltcre the Grantees approvj is requumJ, 1�UBE MM Nll 01,I IUIEUIU lW allure o the Grantee thirty (30) days of receipt of the Grantoes written request therefor. F 6 i to respond in writing within such thirty (30)days shall be deemed to constitute approval by the Grantee of the request as submitted, so long as the request sets forth the provisions of this paragraph 11 relating to deenrA approval after the passage of tirm. 12. Proc _ m Extinuishment: Eminent Domalil. Tht Grantor and Grantee agree that the donation of this Conservation Restriction gives rise for purposes of this paragraph to a property right, im n:xdiately vested in the Grantee, with a fair market value, if any change in conditions ever gives rise to extinguishment or other release of the Conservation Restriction under applicable law,then the Grantee, on a subsequent sale, exchange or involuntary conversion of the Premises, shall be entitled to a portion of the proceeds equal to the proportionate value of its property right as determined by independent appraisal at the tim of such extinguishment or other release, subject however, to any applicable law which expressly provides for a different disposition of proceeds. Whenever all or any part of the Premises or any interest therein is taken by public authority under power of eminent domain, or if all or any part of this Conservation Restriction is otherwise extinguished by act of public authority then.the Grantor and the Grantee shall cooperate in recovering the fall value of all direct and consequential damages resulting from such action. All related expenses incurred by the Grantor and the Grantee shall first be paid out of any recovered proceeds, and the retraining proceeds shall be distributed between the Grantor and the Grantee in shares equal to such proportionate value. no Grantee shall use its share of the proceeds in a manner consistent with the conservation purpose set forth thin. 13. . The burdens of this Conservation Restriction shall be deemed to run with the Premises and shall be enforceable in perpetuity against the Grantor by the Grams. This Conservation Restriction shall be in addition to and not lieu of any other restrictions or casements of record affecting the Premises, The Grantee �ee is authorized to record or file any notices or instruments appropriate to assuring the perpetual enforceability of this Conservation Restriction; and the Grantor on behalf of itself and its successors and assigns appoints the Grantee its attorney-in-fact to execute, acknowledge and deliver any such instruments on its behalf. Without limiting the foregoing, the Grantor agrees to execute any such inswl=nt upon request. 14. , The Grantor and the,Grantee intend that the restrictions arising hereunder take effect when all the requisite signatures pursuant to Section 32 of Chapter 7 194 and Section $C of Chapter 40 of the General Laws of Massachusetts have been obtained and this Conservation Restriction is recorded with the Essex North District Registry of Deeds. Nothing contained in this Conservation Restriction shall be construed to entitle the Grantee to bring any action against the Grantor for any injury to or change in the Premises resulting from causes beyond the Grantor's control, including, but not limited to, fire, flood, storm, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate,or mitigate significant injury to the Premises resulting from such causes. 16, Termiontion Obligations, Notwithstanding anything to the contrary contained herein, the rights and obligations under this Conservation Restriction of any party holding any interest in the Premises terminate upon transfer of that party's interest, except that liability for acts or omissions occurring prior to transfer, and liability for the transfer itself if the transfer is in violation of this Conservation Restriction, shall survive the transfer. 17, . Upon request by the Grantor, the Grantee shall within thirty (30) days execute and deliver to the Grantor any document requested,including an estoppel certificate, which certifies the Grantors' compliance with any obligation of the Grantor contained in this Conservation Restriction, and which otherwise evidences the status of this Conservation Restriction. 8 IN WITNESS WHEREOF, the said White Birch Construction, Inc. has hereunto set its hand and corporate seal this day of 094. White Birch Construction, Inc. By; President By: Treasurer COMMONWEALTH CF MASSACHUSETTS ss, , 1994 Then personally appeared before me the above-named, , President and Treasurer, respectively, of White Birch Construction, Inc., and acknowledged the fozogoing instrument to be the free act and deed of White Birch Construction, Inc, Notary Public My Commission Expires: 9 r S ACCEEIANCE BY CONSERVABON (QM ffSSIQ We, the undersigned., being a majority of the Conservation Commission of the Town of North Andover, Massachusetts hereby certify that at a meeting duly held on the Conservation Commission voted to accept the foregoing Conservation Restriction pursuant to M.G.L. Chapter 40, Section 8C and agreed to be bound by its terms. COMMONWEALTH OF MASSACHUSETTS ss. , 1994 Then personnally appeared before me the above-named , and , AY1(j Ar.�fTTf1VU�P!'3RAI� 1�1P TRYP CIl�trlh y•snM.r w.ww..►•.. L.. w1-�:..d... . _ _.. ... . � V 6087683289 ESA""' GREENBELT 02/07/94 11-�'; P01 PPROVAL BY SECRETARY The undersigned.Secretary of the Executive Office of Environmental Affairs of the Commonwealth of Massachusetts hereby certifies that the foregoing Conservation Restriction has been approved as being in the public interest pursuant to Massachusetts General Laws Chapter 184, Section 32. Date: `-- - Trudy Coxe, Secretary,Executive Office of Environmental Affairs COMMONWEALTH OF MASSACHUSETTS ss. , 1994 Then personally appeared before me the above-named Trudy Coxe and acknowledged the foregoing instrument to to her fte act and deed, Notary Public My Commission Expires: 12 of onrH.ti J KAREN H.P.NELSONTOWri Of 120 Main Street, 01845 Director (508) 682-6483 •9 NORTH ANDOVER BUILDING y,'•:,..:r.`y CONSERVATION $@CHUB£ DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT February 3 , 1994 Mr. Ed Becker Essex County Greenbelt 82 Eastern Avenue Essex, MA 01929 Re: Christmas Tree Estates Open Space Dear Mr. Becker, Enclosed for your review is a copy of the Conveyance of Easements and Utilities for the Christmas Tree Estates Subdivision. The detention basin located on Lot 5 is included in the conveyance. I spoke with the Department of Public Works and they do not have a regular schedule for maintaining detention basins. However if a major backup of water occurred, the Town would work to maintain flow of water through the basin by unplugging the drain, removing the vegetation etc. . If you have any questions please do not hesitate to call me at 682-6483 ext. 24 . Sincerely, ad�C�Q Kathleen Bradley--)Colwell olwell Town Planner CC. K. Nelson, Dir PCD r i FORIINI 14I CONVEYANCE Of EASEMENT'S AND UTILITIES White Birch Construction, Iq(nameof owner)of 380 Essex St. , Lawrence, MA ,(address) County, Massachusetts; for the consideration of One Dollar, hereby grants, transfers and delivers unto the Town of North Andover, a municipal corporation in Essex County, the following: A. The perpetual rights and easements to construct, inspect, repair, remove, replace, operate and forever maintain (1) a sanitary sewer or sewers with any manholes, pipes, conduits and other appurtenances, (2) pipes, conduits and their appurtenances for the conveyance of water, and (3) a covered surface and ground water drain or drains with any manholes, pipes, conduits and their appurtenances, and to do all other acts incidental to the foregoing, including the right to pass along and over the land for the aforesaid purposes, in, through, and under the whole of South Bradford Street , dated November 8, 1993 , said plan is made and said plan is incorporated herein for a complete and detailed description of said roads. B. The perpetual rights and easements to use for drainage (describe use/purpose) the following parcel of land situated on South Bradford Street (Street) in said Town of North Andover and bounded and described as follows: 1. A 10' wide roadway easement along South Bradford St. shown on Plan f� 2. Drainage easement shown on Lot 1, 2 and 5 Plan # The grantor warrants that the aforesaid easements are free and clear of all liens or encumbrances, that he (it) has good title to transfer the same, and that he will defend the same against claims of all persons. For grantor's title see deed from Bertha C. Kozdras dated August 4 , 19 92 , and recorded in North Essex District Registry of Deeds, Book 3517 , page 287 , or under Certificate of Title No. n/a , registered in n/a District of the Land Court, Book n/a , page n/a This is not a homestead property. To be completed if a mortgage exists; And Wes tmount Financial Limited Parnership the present holder of a mortgage on the above described land, which mortgage is dated November 30 , 19 93 and recorded in said Deeds, Book 3912 Page 121 , for consideration paid, hereby releases unto the Town forever from the operation of said mortgages, the rights and easements herein ove granted and assents thereto. Authorized signature of Mortgagee 0 IN WITNESS WHEREOF we have hereto set our hands and seals this day of SaN uODC rz., , 19 _. Y . STATE OF NEW HAMPSHIRE HILLSBOROUGH , ss - / none-kJ 19 94 Then personally appeared the above named James M. Grifoni and acknowledged the foregoing to be free act and deed, before me, of White Birch Construction, Inc. ry Public My Commission xpires: NOTE: This conveyance is not effective until accepted by Town Meeting. IOIREN H.P. NELSON �2 °� 120 Main Street, 01845 n Town of Director (508) 682-6483 ` NORTH ANDOVER BUILDING CONSERVATION $°'° p9° DIVISIONO1: HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT January 3 , 1994 Mr. Ed Becker Essex County Greenbelt 82 Eastern Ave Essex, MA 01929 Re: Christmas Tree Estates Subdivision Decision Foxwood Subdivision Plan Dear Mr. Becker, Enclosed per your request is a copy of the Christmas Tree Estates Subdivision Approval. I would be happy to provide any other documentation you may require. I have also enclosed a copy of the Foxwood Subdivision Plan for your review. Approximately 35 acres of open space will be preserved as part of this cluster subdivision. The open Space is adjacent to land owned by the State however the Department of Environmental Management has stated that it is not adequately staffed to take on the management responsibilities of this parcel and suggested that your group may be interested in receiving it. Please let me know as soon as possible your thoughts on the Foxwood Subdivision as the Planning Board may be rendering a decision as early as January 18 . If you have any questions or need any additional information, please call me at 682-6483 ext. 24 . Sincerely Cd Kathleen Col Town Planner CC. K. Nelson, Dir PCD R. Doucette, Cons Ad R. Nardella, Chair PB TOWN OF NORTH ANDOVER MASSACHUSETTS N0(tr.E ;, ~'`��t� fn' 7(,�4 i C(� Ia` 1((( 'J3 NORTH lt, zo l� Ji1 Ri/ . 1 ,�?O Lw o H � 4 i [K Any appeal shall be filed �TS4 u5Et within (20) days after the date of filing of this Notice NOTI CE of DECISION in the Office of the Town Clerk. Date e cei* r, 2 a.,. ,i.9 9,3. , , . . . . . . . . Sept. 21, Oct. 5, Date of Hearing 4�t.•. �9�. NQ�:, ?,. Nov. 16, Nov. 30, December 7, 1993 Petition of „ White ,Birch Construction,. Inc.. . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected ,East ,side ,of ,south ,Bradford ,STree , , , , , , , , , , , , , , Referring to the above petition for a special permit from the requirements of the ,North Andover Zoning, BXy A% , Section 8.5, Planned Residential, DeAreiopRenz so as to permit ,the ,construction .of ,four. ,(,4} ,sincrle ,.family, dt�rellir}gs.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted CONDITIONALLY to APPROt1E . . . . . . . . .the . . .SPECIAL PERMIT.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . based upon the following conditions cc: Director of Public Worhs Building Inspector 48"4�� 'Bq Conservation Administrator Signed Health Agent Assessors Richard. Nardella, , Chairman , , , Police Chief . . Fire Chief Joseph„.4ahoneyr , Clerk. . . . . . . . . . . . Applicant Engineer Richard,Rowen. . . . . . . . . . . . . . . . . . . . File Interested Parties John. Dagh,? . . . . . . . . . . . . . . . . . . . . 15'annin� Board j KAREN H.P.NELSON d�� Town of 120 Main Street, 01845 Director NORTH ANDOVER (508) 682-6483 .r: BUILDING ti ::,,:y •� CONSERVATION °"OK�ab` DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT December 20, 1993 Mr. Daniel Long, Town Clerk Town Building 120 Main Street North Andover, MA 01845 Re: Special Permit P.R. D. Christmas Tree Estates Dear Mr. Long: The North Andover Planning Board held a public hearing on September 21, 1993 , in the Senior Center behind the Town Building upon the application of White Birch Construction Inc. , 380 Essex Street, Lawrence, MA. , requesting a Special Permit under Section 8 . 5 (Planned Residential Development) of the North Andover Zoning Bylaw. The legal notice was published in the North Andover Citizen on August 25 and September 1, 1993 and all parties of interest were properly notified. The following members were present: Richard Nardella, Chairman, John Simons, Vice Chairman, John Draper, Richard Rowen and John Daghlian. Joseph Mahoney was absent. The petitioner was requesting a Special Permit for the construction of four (4) single family dwelling, The premises affected is located on the east side of South Bradford Street in a Residential-1 (R-1) Zoning District. Mr. Draper read the legal notices to open the public hearings . Mr. Phil Christiansen, engineer for the applicant, gave the Board a presentation on the proposed project. 12 acre parcel end of South Bradford Street 2 acre zoning required parcel has approximately 6 acres of wetlands entire parcel surrounded be the Essex County Greenbelt land town water and sewer The Greenbelt will be contacted on the open space issue Mr. Simons had questions on the cul-de-sac design. The existing cul-de-sac is 70 ' across, the proposed cul-de-sac will be 100 ' . Mr. Nardella asked Mr. Christiansen to think about curbing. Page 2 : Christmas Tree Estates The location of the houses is based on sewer gravity feed as opposed to pumping up the steep grade. A site walk will be scheduled. The was a brief discussion on the value of the land/wetland as it relates to a PRD versus a conventional subdivision. Questions were raised on the size of the cul-de-sac and where it ends. Mr. Nardella asked if South Bradford Street had been abandoned by the Town. He brought up the possibility of further development by the Smolak's. The issues of a sidewalk was brought up. Mr. Christiansen to contact the Essex County Greenbelt Association on the open space. A site walk has been scheduled for Saturday, September 25, 1993 . The length of the subdivision road, center line will be staked out. On a motion by Mr. Simons, seconded by Mr. Draper, the Board voted to continue the public hearing to October 5, 1993 . On October 5, 1993 , the Planning Board held a regular meeting. The following members were present: Richard Nardella, Chairman, John Simons, Vice Chairman, Joseph Mahoney, Clerk, Richard Rowen and John Daghlian, John Draper was absent. Mr. James Grifoni told the Board that he spoke to Michael Smolak and from the stone wall to Christmas Tree Lane is developable land. A 10 acre strip with wetlands up to Christmas Trees is developable. Development rights have been sold for tax purposes on all fields and orchards. The existing right-of-way for South Bradford Street is between the stone walls. Some land is accessible beyond edge of applicants land. The right-of--way must extend to end of property, but might not be paved. Developers have not been able to meet with D. P.W. A 12 acre parcel PRD is proposed. There is a proposal to pull cul-de-sa back to eliminate the grading, pull back to a flatter area. There is a proposal that utilities be brought out to the end of the property line and stubbed but do not pave to the end. Bond the amount to continue the street to the end of the property line. Driveway widths of pavement only. ' J 1 Page 3 : Christmas Tree Estates Covenant that land owner will maintain the driveway, not the Town. With a shorter road the applicant would do a conventional subdivision, npt a PRD. On a motion by Mr. Mahoney, seconded by Mr. Simons, the Board voted to continue the public hearing to October 19 , 1993 . On October 19, 1993 the Planning Board held a regular meeting. The following members were present: Richard Nardella, Chairman, John Simons, Vice Chairman, Joseph Mahoney, Clerk, Richard Rowen and John Daghlian, John Draper was absent. Mr. Nardella read a letter from D. P.W. received at meeting. Planning Board will consider D.P.W. recommendations, but will take them as recommendations only. Mr. Simons said Planning Board came up with a good plan for the site, why build to end of property with all the grading when it may never connect. Bond for future paving. Mr. Daghlian told the Board that if utilities are put in to the end, they need to be maintained. Mr. Simons stated that money would be needed to put roadway to property line in, prior to approval.. Mr. Nardella asked Mr. Grifoni, as a developer, does it matter whether the money used to build it or money put in escrow. Ms. Colwell and Mr. Nardella to get together to discuss how to hold money for road. Mr. Christiansen told the Board that the 50 ' buffer zone along South Bradford Street from center line of road, right-of-way easement granted to Town for 10 ' to create 50 ' right -of-way, driveway run along South Bradford Street. On a motion by Mr. Simons, seconded by Mr. Rowen, the Board voted to close the public hearing and directed Staff to draft a decision for review at the next meeting. On November 2, 1993 the Planning Board held a regular meeting. The following members were present: Richard Nardella, Chairman, John Simons, Vice Chairman, Joseph Mahoney, Clerk, and Richard Rowen. John Daghlian and John Draper were absent, Mr. Simons needs to talk with Essex County Greenbelt prior to rendering decision. r a Page 4 : Christmas Tree Estates Mr. Rowen would like to see revised plans prior to making decision. Staff to'-'contact Greenbelt. The matter was taken under advisement. On November 16, 1993 the Planning Board held a regular meeting. The following members were present: John Simons, Acting Chairman, Joseph Mahoney, Clerk and Jdhn Draper. Due to the lack of a quorum the item was tabled. On November 30, 1993 the Planning Board held a regular meeting. The following members were present: Richard Nardella, Chairman, Joseph Mahoney, Clerk, Richard Rowen and John Daghlian. John Simons and John Draper were absent. Deferred to the December 7, 1993 meeting. Decision to be filed by December 22 , 1993 . On December 7 , 1993 the Planning Board held a regular meeting. The following members were present: Richard Nardella, Chairman, Joseph Mahoney, Clerk, Richard Rowen and John Daghlian. John Simons and John Draper were absent. The Board reviewed the draft decisions. Escrow account must be set up to cover cost of finishing the roadway to the end of the property line. Water and sewer to be put in to the end of the property now. Special _Permit Condition 1 (d) : Mr. Mahoney to draft language to be put into every deed regarding Sol buffer zone. Performance Guarantee Amount - $8 , 000 On a motion by Mr. Rowen, seconded by Mr. Mahoney, the Board voted to approve Christmas Tree Estates Subdivision conditional approval as amended. On a motion by Mr. Mahoney, seconded by Mr. Daghlian, the Board voted to approve Christmas Tree Estates Special Permit as amended. i 9 Page 5: Christmas Tree Estates Attached are those conditions. Sincerely, NO.rth Andover Planning Board •/�i[.G�[LC.ffi�..� Richard A. Nardella r Chairman cc: Director of Public Works Building Inspector Conservation Administrator Health Agent Assessors Police Chief Fire Chief Applicant Engineer File h G . Christmas Tree Estates Special Permit Planned Residential Development Conditional Approval The Planning Board herein approves the Special Permit for a Planned Residential Development of 5 lots, the fifth Lot to remain as open space. This Special Permit was requested by White Birch Construction Co, Inc. , 380 Essex Street, Lawrence, MA 01841, on August 9, 1993 . The Planning Board makes the following findings as required by the North Andover Zoning Bylaw Sections 8 . 5 and 10 , 3 : A. The specific site is an appropriate location for a Planned Residential Development and is approximately 12 acres in size in an R-1 zone. B. The use as developed will not adversely affect the neighborhood as it is an extension of an existing subdivision. C. There will be no nuisance or serious hazard to vehicles or pedestrians. D. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The Planning Board also makes findings under Section 8 . 5 of the Zoning Bylaw that this PRD is in harmony with the general purpose and intent of the Bylaw and that the PRD contains residential development and open space in a variety to be sufficiently advantageous to the Town and promotes the public health, safety, and welfare of the citizens of the Town of North Andover. In particular, the Planning Board finds that this project will: A. Promote the more efficient use of land in harmony with its natural features by preserving additional open space, reducing the amount of clearing and excavation normally associated with the construction of residential dwellings on a site such as this; B. Encourage the preservation of open space. The applicant has dedicated 396, 637 square feet of the property as Open Space; C. Permit greater flexibility and more attractive and efficient design of residential development; D. Meet the Town ' s housing needs by promoting a diversity of housing types. 1 The Planning Board also finds that a base density of 4 lots is appropriate for the PRD. This number of lots has been determined from a Preliminary Conventional Subdivision Plan provided to the Planning Board which satisfies the Town' s requirements for submission of such a plan. This Preliminary Plan is described as follows: Plans entitled: Conceptual Plan of Land located in North Andover, MA Prepared for: White Birch Construction Prepared by: Christiansen & Sergi 160 Summer Street Haverhill,, MA 01830 Dated: July 31, 1993 Scale: 1" = 40 ' Finally, the Planning Board finds that the Definitive Subdivision complies with Town Bylaw requirements so long as the applicant complies with the following conditions: 1. Prior to endorsement of the plans by the Planning Board and recording with the Registry of Deeds the applicant shall adhere to the following: a. The applicant shall post (per agreement with the North Andover Planning Board) a Performance Guarantee in the amount of $8, 000 (eight thousand dollars) to be held by the Town of North Andover in an interest bearing escrow account. The Guarantee shall be in the form of a check made payable to the Town of North Andover escrow account. This amount shall cover any contingencies that might affect the public welfare such as site- opening, clearing, erosion control and performance of any other condition contained herein, prior to the posting of the Performance Security as described in Condition 3 (c) of the Definitive Subdivision Conditional Approval. This Performance Guarantee may at the discretion of the Planning Board be rolled over to cover other bonding considerations, be released in full, or partially retained in accordance with the recommendation of the Planning Staff and as directed by the vote of the North Andover Planning Board. b. All designated open space parcels shall be donated to the Essex County Greenbelt as this environmental group owns the surrounding land. If the Greenbelt is not interested in receiving this land, the open space shall be donated to the Town through the Conservation Commission. A perpetual restriction of the type described in M.G.L. Chapter 184 , Section 31 running to or enforceable by the town shall be recorded in respect to such land. Such restriction shall provide that the 2 53 a ' Usable Open Space shall, be retained in perpetuity for one or more of the following uses. conservation, agriculture, or recreation. Documents to this effect must be reviewed by the Planning Staff prior to endorsement. C. A plicant shall 'provide Planning Staff with a sample deed for review and approval of language contained therein reflecting the 50 foot no--cut requirement shown on the PRD plans, it being the intent that each deed to individual lots must contain such language approved by the Planning Staff. 2 . Prior to construction or clearing of lots: a. Tree cutting shall be kept to a minimum throughout the project to minimize erosion and preserve the natural features of the site. The Town Planner and/or Tree Warden must be contacted prior to any cutting on site. Efforts to protect trees on site must be made. 3 . Prior to any lots being released from the statutory covenants, the conditions outlined in the Christmas Tree Estates Definitive Subdivision Conditional Approval must be followed and: a. Copies of the documents concerning the ownership of the open space, the conservation restriction, and the restrictive covenants as referenced above, must be submitted to the Board for review. 4 . Prior to FORM U verification (Building Permit Issuance) for an individual lot, the conditions outlined in the Christmas Tree Estates Definitive Subdivision Conditional Approval must be followed. 5. Prior to a Certificate of Occupancy being issued for an individual lot, the conditions outlined in the Christmas Tree Estates Definitive Subdivision Conditional Approval must be followed . 6. Prior to the final release of security, the conditions outlined in the Christmas Tree Estates Definitive Subdivision Conditional Approval must be followed and: a. The open space parcel (Lot 5) must be transferred to the Essex County Greenbelt, if they are willing to accept it, or to the Town of North Andover through its Conservation Commission. 7 . The applicant shall adhere to the following requirements of 3 1 the Fire Department: a. All structures shall contain residential fare sprinkler systems the design of which will be approved by the Fire Department. b. Smoke alarms must be installed. 8 . This special permit approval shall be deemed to have lapsed after L)&CEI",6gEle o?p wo years from the date permit granted) unless substan ial construction of roadway and utilities has commenced. This project must be completed within two (2) years from the date of the start of construction. 9 . The provisions of this Special Permit shall apply to and be binding upon the applicant, its employees, contractors and subcontractors and all successors in interest or control . 10. This Special Permit approval is based upon the approval of a Definitive Subdivision Plan. The Special Permit and Definitive Subdivision approvals are both based upon the following plans: a. Plans entitled: Definitive P.R.D. Subdivision Plan Christmas Tree Estates located in North Andover, MA Prepared For: : White Birch Construction, Inc. 380 Essex Street, Lawrence, MA Prepared By: Christiansen & Sergi, 160 Summer Street, Haverhill, MA Dated: 8/3/93 , rev. 11/8/93 Sheets: 1 through 5 Scale: as noted on plans CC. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Assessor Applicant Engineer File Christree.PRD 4 Notice to APPLIUAMr/T^11M CLERK and Certification of Action of Planxing Board on Definitive Subdiv ;.,' 7 Plan entitled: r Christmas Tree Estates By.• Christiansen & Sergi dated August 3- 1993, 19 •IE �F i( � i4 •YE The North Andover Planning Board has voted to APPROVE said plan, subject to the following conditions: 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 con— struction of ways and the installation of municipal services within said sub- division, all as provided by G.L. c. 41., S. 81—U. 2. That all such construction and installations shall in all respects conform to the governing rules and regulations of this Board. 3. That, as required by the North Andover Board of Health in its report to this Board, no building or other structure shall be built or placed upon Lots No. as shown on said Plan without the prior consent of said Board of Health. 4. 'Other .conditions: c rn n /� fJ In the event that no appeal shall have been taken from said approval within twenty days from this date, the North Andover Planning Board will forthwith thereafter endorse its formal approval upon said plan. The North Andover Planning Board has DISAPPROVED said plan, for the following reasons: NORTH ANI7C �Pc�� a B : Richard Nlardella, Chairmar�-- Date: December 7, 19�3 � _�„ FORM C APPLICATION FOR APPROVAL OF DEFINITNE PLAT! RECEEYE:S DANIEL LONG August 6 TOWN CLEI. K 8 MGRTHirJJMER r To the Planning Board of the Torn of Korth Andover: AuG 37 '93 The undersigned, being the applicant as defiriod under Chapter 41, Section 81—Lt for approval of a proposed subdivision shown on a plan entitled "Christmas Tree Estates" by Christiansen & Sergi , Inc . dated 8/3/9 3 being land bounded as follows: Westerly by So . Bradford —St . easterly & southerly by land of Essex Green Belt_ hereby submits said plan as a DEFINITIVE plan in accordance with the Rules and Regulations of the North Andover Planning Board and makes application to -the Board for approval of said plan. Title Reference: North Essex Deeds, Book 3517, Page 287 ; or Certificate of Title No. , Registration Book t page ; or Other: Said plan has( ) has not(X) evolved from a preliminary plan submitted to the Board of 19 and approved (with modifications) disapproved ( on , 19 The undersigned hereby applies for the approval of said DEFINITIVE plan by the Board, and in furtherance thereof hereby agrees to abide by the Board's Rules and Regulations. Tho undersigned hereby further covenants and agrees with the Toren of North Andover, upon approval of said DEFINITIVE plan by the Board: 1. To install utilities in accordance ui.th the rules and regulations of the Planning Board, the Public Works Departmentt the Highway Surveyor, the Board of Health, and all general as well as coning by—laws of said Town, as arc applicable to the installation of utilities within the limits of ways and streets; 2. To complete and construct the streets or Nays and other improvements shorn thereon in accordance with Sections Iv and V of the Rules and Regulations of the Planning Board and the approved DEFINITIVE plan, profiles and cross sections of the sane. Said plan, profiles, cross sections and construction specifications are specifically, by reference, incorporated herein and made a part of this application. This application and the covenants and agree— ments herein shall .be binding upon all. heirs, executorst administrators, successors, grantees of the whole or part of said land, and assigns of the undersigned; and 3. To complete the aforesaid installations and construction within two (2) years from the date hereof. Received by Town Clerk: t , , Data: Si tune of Applicant Agent for White Basch Construction Time: 380 Essex Street Signature: Address Lawrence , MA 01841 1 � Christmas Tree Estates Definitive Subdivision Conditional Approval The Planning Board herein approves the 5 lot Definitive Subdivision,, with the fifth lot designated as open space. This Subdivisiort' Approval was requested by White Birch Construction, Co. , Inc, , 380 Essex Street, Lawrence, MA on August 9, 1993 . The Planning Board makes the following findings as required by the Rules and Regulations Governing the Subdivision of Land: A. The Definitive Plans, dated August 3 , 1993 include all of the information indicated in - Section 3 of the Rules and Regulations concerning the procedure for the submission of plans. B. The Definitive Plan adheres to all of the design standards as indicated in Section 7 of the Rules and Regulations. C. The Definitive Plan is in conformance with the purpose and intent of the Subdivision Control Law. D. The Definitive Plan complies with all of the review comments submitted by various town departments in order to comply with state law, town by-laws and insure the public health, safety, and welfare of the town. Finally, the Planning Board finds that the Definitive Subdivision complies with Town Bylaw requirements so long as the following conditions are complied with: 1. Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following: a. The applicant must meet with the Town Planner in order to ensure that the plans conform with the Board' s decision. b. A detailed construction schedule must be submitted as part of the plans. C. A covenant (Form I) securing all lots within the subdivision for the construction of ways and municipal services must be submitted to the Planning Board. Said lots may be released from the covenant upon posting of security as requested in Condition #3 (c) . d. Right of way dedication easements for the proposed roadway shall be provided to the Planning office an must be recorded at the Registry of Deeds. 1 e. A 10 roadway easement along South Bradford Street to the end of the property line must be granted to the Town to create a 50 ' foot right-of-way. Documents to this effect must be reviewed by the Planning Staff. f. The applicant must submit to the Town Planner a FORM M for all utilities and easements placed on the subdivision. The Board will sign the document and it must be recorded at the Essex North Registry of Deeds. g. All drainage, water, and sewage facility designs shall be approved by the North Andover Division of Public Works. Provisions for water intrusion mitigation shall be included in the design and shown on the construction schedule required in Condition 1(b) . h. All application fees must be paid in full and verified by the Town Planner. i. A detailed street tree planting list shall be prepared listing specific material to be used. This list shall indicate quantity and size of all proposed material . All documents shall be prepared at the expense of the applicant, as required by the Planning Board Rules and Regulations Governing the Subdivision of Land. Endorsement of the plans is proof of satisfaction of the above conditions. 2 . Prior to the start of construction: The record plans must be endorsed by the Planning Board and recorded by the applicant at the Essex North Registry of Deeds. 3 . Prior to any lots being released from the statutory covenants: a. All site erosion control measures required to protect off site properties from the effects of work on the lot proposed to be released must be in place. The Town Planning Staff shall judge whether the applicant has satisfied the requirements of this provision prior to each lot release. b. The applicant must submit a lot release FORM J to the Planning Board for signature. C. A Performance Security in an amount to be determined by the Planning Board, upon the recommendation of the Department of Public Works, shall be posted to ensure completion of the work in accordance with the Plans 2 i approved as part of this conditional approval. Items covered by the Bond may include, but shall not be limited to: i. as-built drawings ii. sewers and utilities iii. roadway construction and maintenance iv. lot and site erosion control V. site screening and street trees vi. drainage facilities vii. site restoration viii, final site cleanup d. An escrow fund must be set up to cover the cost of finishing South Bradford Street to the edge of the property line. See Condition 14 (a) . e. All proper documents and easements required through Condition 1 shall be in place. 4 . Prior to a FORM U verification (Building Permit Issuance) for an individual lot, the following information is required by the Planning Department: a. The applicant must submit to the Town Planner proof that the FORM M referred to in Condition 1 (e) above, was filed with the Registry of Deeds office. b. Three (3) complete copies of plans and two (2) copies of all documents containing registry of deeds stamps must be submitted to the Town Planner as proof of filing. C. A plot plan for the lot in question must be submitted, which shows all of the following: i. location of the structure, ii. location of the driveways, iii. location of the septic systems if applicable, iv. location of all water and sewer lines, V. location of wetlands and any site improvements required tinder a NACC order of condition, vi. any grading called for on the lot, and vii. all required zoning setbacks. d. All appropriate erosion control measures for the lot shall be in place. Final determination; of appropriate measures shall be made by the Planning Board or Staff. e. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. 3 a f. The lot in question shall be staked in the field to show the Location of any major departures from the record plan. The Town Planner shall verify this information. The proposed layout shall be in conformance with the recorded plans. g. Lot numbers, visible from the roadways must be posted on all lots. 5 . Prior to a Certificate of occupancy being issued for an individual lot, the following shall be required: a. The roadway must be constructed to at least binder coat of pavement to properly access the lot in question. Prior to construction of the binder coat, the applicant shall ensure that all required inspection and testing of water, sewer, and drainage facilities has been completed. The applicant must submit to the Town Planner an interim as-built, certified by a professional engineer, verifying that all utilities have been installed in accordance with the plans and profile sheet. b. All necessary permits and approvals for the lot in question shall be obtained from the North Andover Board of Health, and Conservation Commission. C. Permanent house numbers must be posted on dwellings and be visible from the road. d. All slopes on the lot in question shall be properly stabilized, as judged by the Planning Staff. e. There shall be no driveways placed where stone bound monuments and/or catch basins are to be set. It shall be the developer's responsibility to assure the proper placement of the driveways regardless of whether individual lots are sold. The Planning Board requires any driveway to be moved at the owners expense if such driveway is at a catch basin or stone bound position. f. The Planning Board reserves the right to review the site after construction is complete and require added site screening as necessary and reasonable. g. The site must be raked, loamed and seeded or sodded. 6. Prior to the final release of security retained for the site by the Town, the following shall be completed by the applicant: 4 ' i 1 a. An as-built plan and profile of the site shall be submitted for review and approval. b. The applicant shall petition Town Meeting for public acceptance of the streets. Prior to submitting a warrant for such petition the applicant shall review the subdivision and all remaining work with the Town Planner and Department of Public Works. The Planning Board shall hold a portion of the subdivision bond for continued maintenance and operations until such time as Town Meeting has accepted (or rejected in favor of private ownership) the roadways. It shall be the developer's responsibility to insure that all proper easements have been recorded at the Registry of Deeds. C. The Town Planner shall ensure that all planning, conservation commission, board of health and department of public works requirements are satisfied and that construction was in strict compliance with all approved plans and conditions. d. Monuments shall be set on the exterior street line as required by Section 7 (P) of the Subdivision Rules and Regulations. e. Two to two and one half inch caliper (2-2 . 511) street trees are to be placed every fifty (501 ) feet along both sides of all new roadways. f. The existing cul-de-sac must be removed and the area foamed raked and seeded. A standard roadway cross- section must be established. 7. The Town Planner will review any signs utilized for this project. The applicant must obtain a sign permit as required by Section 6 of the Bylaw. The Planning Board will review any entrance structures. 8 . The applicant shall adhere to the following requirements of the Fire Department: a. Open burning is allowed by permit only after consultation with the Fire Department. b. Underground fuel storage will be allowed in conformance with the Town Bylaws and State Statute and only with the review and approval of the Fire Department and conservation commission. 9 . There shall be no burying or dumping of construction material on site. 5 f ` i r 1 10. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 11. Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the respective utility companies. . 12 . Any adtion by a Town Board, Commission, or Department which requires changes in the roadway alignment, placement of any easements or utilities, drainage facilities, grading or no cut lines, may be subject to modification by the Planning Board. 13 . The following waivers from the Rules and Regulations Governing the Subdivision of Land in North Andover, MA have been granted by the Planning Board: a. Section 7 (A) (d) : the requirement of paving South Bradford Street to the exterior boundary has been waived. Paving to the exterior boundary would require an excess amount of grading and would affect the rural character of the parcel. The Board has determined that development along South Bradford Street will not happen in the near future thus there is no need to pave to the boundary at this time. The developer must instead place in escrow an amount equal to the cost of that construction of the roadway to provide for potential future expansion. The amount will be established by the Planning Board upon a recommendation from the Division of Public Works. The escrow fund is to be retained by the Town for use in its sole discretion. b. Section 7 (D) : the requirement of sidewalks has been waived as there were no sidewalks required for the existing section of South Bradford Street. In lieu of sidewalks the developer is encouraged to donate to the sidewalk fund an amount equal to the cost of constructing sidewalks along one side of the roadway. 14 . This Definitive Subdivision approval is based upon a Special Permit granted in accordance with Section 4 . 125, 10. 3 and 10 . 31 of the North Andover Zoning Bylaw. The Special Permit and Definitive Subdivision approvals are both based upon the following plans: a. Plans entitled: Definitive P.R.D. Subdivision Plan Christmas Tree Estates located in North Andover, MA Prepared for: White Birch Construction, Inc. 380 Essex Street, Lawrence, MA Prepared by: Christiansen & Sergi 160 Summer Street, Haverhill , MA Dated: 8/3/93 , rev. 11/8/93 6 Sheets: 1 through B r Scale; as noted on plans CC. Conservation Administrator Director of Public Works Health Administrator Buildhig Inspector Police Chief Fire Chief Assessor Applicant Engineer File Christree.Subd 7 KAREN H.P.NELSON: w Town Of 120 Main Street, 01845 Director (508) 682-6483 BUILDING eS,g NORTH ANDOVER CONSERVATION a"°RU DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT November 12 , 1993 Mr. Ed Becker Essex County Greenbelt Association 82 Eastern Avenue Essex, MA 01029 Re; Open Space Parcel - South Bradford Street, North Andover Dear Mr. Becker, As we discussed this morning, T have enclosed a plan for the Christmas Tree Estates Subdivision. Lot 5 is a 396, 637 square foot parcel designated as open space. The Planning Board would like to give the Essex County Greenbelt first option on obtaining this parcel . It abuts existing land owned by the Essex County Greenbelt. If you have any questions or need further information, please do not hesitate to call me at 682-6483 ext. 24 . Sincerely, VND Ka h een Bradley ColwM' Town Planner CC. K. 'Nelson, Dir PCD R. Nardella, Chair PB f KAREN H.P. NELSONS` o�n Town of 120 Main Street, 01845 Director BUILDING NORTH AND OV ER (508) 682 6483 �aa4�eu5e4� CONSERVATION I}]V351DN OF PLANNING PLANNING & COMMUNITY DEVELOPMENT October 27 , 1993 Mr. James Grifoni White Birch Construction 380 Essex Street Lawrence, MA 01841 Re: Christmas Tree Estates Planning Board Meeting 10/19/93 Dear Mr. Grifoni, Thank you for appearing before the Planning Board last week to discuss your proposal for Christmas Tree Estates , The Board voted to close the public hearing and will discuss a decision at their November 2 , 1993 meeting. The Board had the following comments: * pavement to extend only as far as necessary along South Bradford Street to acces the houses. * cul-de-sac to be placed in a relatively flat spot to reduce grading. * bond to cover the cost of installing utilities and constructing roadway to edge of property to be posted. * 10 ' right--of-way easement along existing South Bradford Street granted to the Town to create a 50 ' foot right-of- way. * driveway to Lot 4 to run down the existing cart path to access the home. * existing cul-de-sac to be removed and replaced with a standard roadway cross-section. * open space to be donated to the Essex County Greenbelt if they will accept it or to the Town through the Conservation Commission as per our Town Open Space Policy. If you have any questions please do not hesitate to call me at 682-6483 ext. 24 . Sincerely, een �ra�d ey o1.we lQ Town Planner CC. K. Nelson, Dir PCD R. Nardella, Chair PB P. Christiansen