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HomeMy WebLinkAbout1995-08-15 Access Easement Lot 22A DEF SUB Tel, 279-1338 272 Main Street Res. 279-4745 Stoneham,MA 02180 Fax 7812 1 �4Yw STEPHEN COLUMBUS Kc MT1 ATTORNEY AT LAW Mr, Roland Couillard December 15, 1997 660 Rogers Street Lowell, MA 01852 Re: Easement pursuant to Condition 5(a)of the Subdivision Approval granted for Evergreen Estates on August 15, 1995. Dear Mr.&Mrs. Couillard: Enclosed please find original Access Easement that must be executed by the president and treasurer of D.E,C.M. Essex, Inc, or other duly authorized officer. Also enclosed is a copy of the Plan of Access Easement for your records. Could you kindly have the Access Easement sighed before a notary public and return it to my office. For your convenience I have enclosed a stamped envelope addressed to my office. I thank you for all of the courtesies that you have extended to this matter. Should you have any questions please feel free to call me, Very truly yours, 3 tep�t;I] LohiE�us Cc: Richard Caller,Esq. Kathleen Bradley,Town Planner Mr, &Mrs.Ian Danis Mr. &Mrs. Robert Kilcoyne �jS"37`e y ACCESS EASEMENT D.E.C.M. Essex,hic. a Massachusettts Corporation,having a usual place of business at 660 Rogers Street,Lowell,Massachusetts 01852 (the"Grantor"), for consideration paid,grant to Robert P. Kilcoyne, Jr. and Heidi L.Kilcoyne,husband and Wife,as tenants by the entirety(the"Grantee")and all those acquiring title therefrom with QUITCLAIM COVENANTS,the perpetual right and easenent to pass and repass by vehicular traffic or otherwise within the land area more particularly described as follows: A tract of land located in North Andover being shown as a 40'Right Of Way on a plan of land recorded with the Essex North District Registry of Deeds as Plan 7391 and now being a part of Lot 22,more filly described on a plan entitled"Definitive Subdivision Plan,"Evergreen Estates"located in North Andover prepared for Record owners Jean F, Smith and Helen Gorman and George&Wanda Farr,Applicant: Messina Development Corporation by Christiansen&Sergi,Professional Engineers date d December 28, 1994, as revised"and recorded in said registry as Plan 12695, Said Access Easement is more particularly described on a plan entitled"Plan of Access Easement in North Andover,prepared for Robert and Heidi Kilcoyne, 1641 Salem Street,North Andover, MA. 01867"by Thomas Baillie,P.L.S. dated November 20. 1997 being recorded with this instrument. Said Access Easement is to be used in common with others to whom oval easement rights have been given for all purposes for which streets and ways are used in North Andover,Massachusetts,and the easement shall be appurtenant to Lot 55A as sho\vn on Plan 7391. For title reference purposes see deed from Jean Smith et al to Messina Development Company, Inc.Dated October 31, 1995,recorded with Essex North Registry of Deeds in Book 4372 Page 331 or see deed from Messina Development Company, Inc.,to D.E.C.M.Essex, Inc.,Dated October 31, 1995, recorded with Essex No►•th Registry of Deeds in Book 4372 Page 337. IN WITNESS WHEREOF,we hereunto set our hands and seal this day of December, 1997, D.E.C.M. Essex,Inc., By: By its President and Treasurer Commonwealth of Massachusetts Essex, SS December , 1997 Then Personally appeared the above named and acknowledged the foregoing instrument to be the free act and deed of D.E.C.M. Essex.,Inc.,before me: My commission expires: Notary Public 1 y Town of North Andover , T%ORTH OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 30 School Street , North Andover, Massachusetts 01845 �� +AT�O��•'�1y wILLIAM J. SCOTr ss/1CHu`�� Director September 19, 1997 Mr. Roland Couillard 660 Rogers Street Lowell, MA 01852 Re: Evergreen Estates -Driveway Easement Dear Mr. Couillard, As per Condition 5(a) of the Subdivision Approval granted for Evergreen Estates on August 15, 1995 and recorded at the Northern District of Essex County Registry of Deeds as Instrument Number 17573, a driveway easement must be granted to Ian and Denise Danis to allow them access to their lot from Pheasant Brook Road. The location of the easement is to be determined per agreement with the Danis'. As Certificates of Occupancy have been given for this subdivision, this easement must now be provided. Please contact Mr. Danis this week to determine the location of the easement. He can be reached at 685-2756. The easement document and plan must then be provided to the Planning Department for review prior to recording. If you have any questions please do not hesitate to call me at 688-9535. Very truly yours, Kathleen Bradley Colwell Town Planner cc. R. Rowen, Chair PB I. Dannis CONSERVATION-(978)688 9530 HEALTII-(978)688-9540 • PLANNING-(978)688-9535 *BUILDING OFFICE-(978)688-9545 0 *ZONING BOARD OF APPEALS-(978)688-9541 • *146 MAIN STREET �� 1•(� /��rci�V��r/� Tel. 279-1338 272 Main Street Res. 279-4745 Stoneham,MA 02180 Fax 617 2 STEPHEN COLUMBUS r , ATTORNEY AT LAW Mr. &Mrs.tan Danis October $, 1997 ,`�� I:I�d�� 1 ;� • , 30 Beacon Street Stoneham,MA 02180 Mr. &Mrs.Robert Kilcoyne 1641 Salem Street N. Andover,MA 01845 Re: Easement pursuant to Condition 5(a)of the Subdivision Approval granted for Evergreen Estates on August 15, 1995. Dear Ladies and Gentlemen: Please be advised that Monday October 13, 1997 Mr.Baillie will be at the referenced site to complete the engineering work for the above-referenced matter. Mr.&Mrs. Kilcoyne,it would be greatly appreciated if could identify the area you elect for your future driveway by marking it with spray paint. Should you have any questions please feel free to call me. Very truly you Ts, tepherf Columbus Cc: Mr.Toni Baillie Richard Carter,Esq, Kathleen Bradley,Town Planner E �1{ i v 'I Te. -1338 272 Main Street Rc ,` -4745 Stoneham MA 02180 Fax 07 2 -AN IG STEPHEN COLUMBUS ATTORNEY AT LAW Mr, &Mrs.]an Danis November 1, 1997 30 Beacon Street Stoneham,MA 02180 Mr, &Mrs.Robert Kilcoyne 1641 Salem Street N. Andover,MA 01845 Mr. Roland Couillard 660 Rogers Street Lowell, MA 01852 Re: Easement pursuant to Condition 5(a)of the Subdivision Approval granted for Evergreen Estates on August 15, 1995. Dear Ladies and Gentlemen: Please be advised that Monday October 13, 1997, Mr.Baillie did perform the engineering work required to resolve the above-referenced matter. As soon as the drawings are completed,I will make arrangements to appear before the local Planning Board for their review prior to recording. Should you have any questions please feel fi-ee to call me. Very truly yo rs, Ste Iz ci�us P Cc: Mr. Tom Baillie Richard Carter,Esq. Kathleen Bradley,Town Planner COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL ,AFFAIRS RDEPARTMEN,r OF ENVIRONMENTAL'MANAGEMrNT 100 CAMBR€DGE ST.,BOSTON,MA 02202 617-727-3180 FAX 7TALh1ANP���S� February 17, 1995 '.roii, William F. Weld Mr. Richard Nardella, Chairman GOVERNOR North Andover Planning Board Town Hall N it ©®f� �) � Argeo Paul Cellucei 120 Main Street LT.GOVERNOR North Andover, Ma 01845 Trudy Coxe Re: Evergreen Estates/ Messina Development SECRETARY Public Hearing Feb. 21., 1995 Peter C. Webber Dear Chairman Nardella, COMMISSIONER 1 have had this proposed sub-division reviewed by representatives of my Division of Forests and Parks and legal offibe. As a result of that review, a meeting was held with the project proponent and his representatives to discuss the concerns of the Department and the following stipulated agreements were reached: 1: At the end of the proposed cul-de-sacs the proponent will provide a uniform grade, gravel base, 20 ' wide ' access ROW, in favor of the Department for emergency vehicles, forestry management and harvesting, and public access. These access ROW's will link with existing DEM trails, and improvements or alterations that are required will be effected by the project proponent at its own expense. 2 : The project proponent will provide and install lock gates, to DEM specifications at the boundary lines of each access ROW. Keys are to be provided for the benefit of DEM management and local emergency response units (police, fire and ambulance) . 3 : Along the rear lot lines of all proposed lots abutting the Harold Parker State Forest a 25 ' no-cut zone will be imposed by the Planning Board. This condition will be required to run with all deeds of conveyance from the proponent to individual lot purchasers. Exceptions to this 25 ' no-cut zone may be made for the placement of sub-surface sanitary disposal systems as may be required by your Board or Title V standards. i request that best efforts be used to maintain the integrity of a uniform 25 ' no-cut zone. 4 : Due to existing ground conditions, and lack of definitive supporting documentation, DEM has not printed on recycled paper { TAF/NAPB P2 2/17/95 sufficiently reviewed proposed drainage plans, and therefore pffers no testimony on this project component. . z intend to have a detailed review of drainage conditions made for comment through the Conservation Commission. 1 thank you for the cooperation the North Andover Planning Board has extended this Department and its staff. Very,...t-."Ay yo rs, Todd A Frederick Director Forests and Parks cc: Peter C. Webber, Commissioner Nicholas Vpntzalides, Acting Chief of Legal Services Dave Hall, Regional Supervisor Harris Penniman, Ass 't Regional Forester Michael Sergi, Christiansen and Sergi Russell A. Bodnar, Attorney d�