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HomeMy WebLinkAbout1994-01-27 Decision DEF SUB FORM C t APPLICATION FOR APPROVAL OF D TINITIVE PLAIT T0�'YP� January 27 IA14 To the Planning Board of the Town of North Andover: The undersigned, being the applicant as defined under Chapter 41, Section 81—Lt for approval of a proposed subdivision shown on a plan entitled " n Oaks" by C:hri stiansen _& Sergi , Inc . _ -- dated ._.Jan . 24 , 1994 _ being land bounded as follows: westerly by Forest St . & Hahesy ; northerly by Miller , Rae , Janusz ; easterly by 'Ca,vallare ; southerly by Clarice Constr . and Hanseller 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 , Page ; or Certificate of Title No. 11661 Registration Book 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 Boardte :Rules and Regulations. The undersigned hereby further covenants and agrees with the Town of North Andover, up6n approval of said DEFINITIVE plan by the Board: 1. To install utilities in accordance uith the rules and regulations of the Planning Board, the Public Works Departments the Highway Surveyor, the Board of Health, and all general as well as zoning by-laws of said Town, as are appli.cabl.e to the installation of utilities within the limits of ways and streets; 2. To complete and construct the streets or Mays and other improvements shown thereon in accordance with Sections Iv and V of the Rules and Regulations of the Planning Board and the approved DEFINITIVE plans profiles and cross sections of the same. 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, executors administrators, successors, grantees of the whole or part of said land, and assigns of the undersigned; and 3. To complete the aforesaid installations and cons Lion within two (2) years from the date hereof. Received by Town Clerk. C•.- � w �. f , t - .,:,n Data: Si ature of Appli.can,, l yy Time: Signature: I�C�CI,r d1 U�_�, (. ,Sr ? gn Address Notice to APPLIOAMY 'OWN CLERK and Certification of .tion of Planning Board on Definitive Subdi,.sion Plan entitled: 4 • P By: dated 19 The North Andover Planning Board has voted to APPROVE said plans subject to the following conditions: 1. That the record oVAsrz of the subject land forthwith execute and record a "covenant running with the land"f 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. 41t S. 81-U. 2. That all such construction and install.ati.ons '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 shorn on said Plan without -the prior consent of said Board of Health. 4. 'Other .conditi:ons:' In the event that no appeal shall have been taken from said approval, within twenty days from this dater the North Andover Planning Board will forthwith thereafter endorse its formal approval upon said plan. The North Andover Planning Board has DISAPPROVED said plans for the following reasons: NORTH ANDOVER PLANNING BOARD Date: By: ��.._..�.�- T - :70tice `vo APPL1t;AN1 �*. 0�(l` MK and Certification o�-_"on Def ,i c' �� ul initoive Subda. si %an entitled: y Ann g ,oard r ".:even Oaks" . By: Christiansen Sergi, Inc, dated Jan, 24, t lg 94 The North Andover Planning Board has voted to APPRM, said following conditions: b,ject to the I- That the record owner FILE GP Y a "covenant running s of subject land forthwith execute and record with the land",, or otherwise provide security for the corn structi.on of ways and the installation of municipal services within said s division* all as provided by G.L. C. 411 S. 81—U. ub-, 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 No. ag shown on saibuilt p anew thout thupon pr ors conse of said 3oard of Health. 4.. 'Other .conditions: o<: 51 r7 2- ATTEST. SEE ATTACHED A True Copy G� Town Clark This Is to certify that twenty(20)days have eiapaad from data of decision filed C 70 �. TownC!6 ka In the event that no appeal shall have been taken from said a rov x twenty days from this date, the North Andover Planning pp al thereafter endorse its formal approval, u i Board x� fort th �n sapZart. a�eeee�et ' NORTH P �j Date: April 12, 1994 ���n By': nichard A. Nardelia chairman i E I S I . I I Seven Oaks Definitive Subdivision Conditional Approval The Planning Board herein approves an 8 lot Definitive Subdivision known as "Seven Oaks" . Lot 1 has an existing house, Lot 2 is designated as open space, Lots 3 , 4 , 5, 6 , 7, and 8 are newly created lots . This Subdivision Approval was requested by SRW Inc . , 1 Sundial Avenue, Manchester, NH, 03101, on February 4 , 1994 . The Planning Board makes the following findings regarding this subdivision as required by the Zoning Bylaws in effect at the time of this approval : A. The Definitive Plans, dated 1/24/94 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 and must be recorded at the Registry of Deeds . t } e . 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 . f . All drainage and water facility designs shall be approved by the North Andover Division of Public Works . Subject to the review and approval of revised design plans , the Division of Public Works will allow the installation of an infiltration system to mitigate the increase in runoff for this subdivision. The infiltration system will be constructed of large diameter perforated HDPE pipe and will include a method of emergency overflow and adequate provisions for future maintenance . g. All application fees must be paid in full and verified by the Town Planner. h. 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 . The plans must be endorsed within sixty (60) days of the filing of the decision with the Town Clerk. Tf the plans are not endorsed within this time period this approval will automatically be rescinded. 3 . Prior to the start of construction or clearing of lots: The record plans must be endorsed by the Planning Board and recorded by the applicant at the Essex North Registry of Deeds . Three (3 ) copies of the recorded plan must be submitted to the Planning Office for distribution to the Division of Public Works and the Building Department . 4 . 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 . 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 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 ii . site restoration viii , final site cleanup d. All proper documents and easements required through Condition 1 shall be in place . 5 . 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 a copy of the recorded FORM M referred to in Condition 1 (e) above to the Planning office . b . 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 under 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 . These measures may include haybales and/or silt fence along the edge of the lot to prevent erosion off site during construction . 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. i 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 . 6 . 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. 7 . Prior to the final release of security retained for the site by the Town, the following shall be completed by the applicant : i 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 loaned raked and seeded. A standard roadway cross- section must be established. 8 . The Town Planner will review any signs utilized for this project . The applicant must obtain a sign permit as required by Section 5 of the Bylaw. The Planning Board will review any entrance structures . 9 . 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. 10 . There shall be no burying or dumping of construction material on site . 11 , The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 12 . Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the respective utility companies . 13 . Any action 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. 14 . The subdivision must comply with the current Subdivision Rules and Regulations unless items have been specifically waived by the Planning Board. The following waivers have been granted by the Planning Board: a . Section 7 (D) : Sidewalks will be required if the Planning Board determines that sidewalks will be constructed on the existing section of Sugarcane Lane, part of the Jared Place II subdivision. If sidewalks are not required to be constructed, 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. b. Section 7 (A) (2) (d) Cul-de-sac Turnarounds with Islands : The street right-of-way is approved at one-hundred (100) feet in diameter with an island forty (40) feet across at the center of the turnaround. The pavement around the island shall be thirty-five (35) feet wide . 15 . Construction of the ways and installation of the utilities as shown on the plan must be completed within two (2) years of the date of filing this decision with the Town Clerk or the definitive plan approval is automatically rescinded. 16 . 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 information : a. Plans entitled : Definitive P.R.D. Subdivision Plan Seven Oaks located in North Andover, MA Prepared for : SRW Incorporated 1 Sundial Ave Manchester, NH 03101 Prepared by: Christiansen & Sergi 160 Summer Street, Haverhill, MA Dated: 1/24/94 Sheets : 1 through 8 Scale : as noted on plans } j I b. Supplemental Information for the Definitive PRD Subdivision Plan "Seven Oaks" located in North Andover, MA; Record owner and applicant : SRW Incorporated Sundial Ave Manchester, NH 03101 Date : 1/24/94 Prepared by: Christiansen & Sergi 160 Summer Street Haverhill, MA 01830 CC . Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Assessor Applicant Engineer File Sevenoaks . Sub FIRM D ; DESIGNER ' S CERTIFICATE January 27 , 19 94 TO THE PLANNING BOARD OF THE TOWN OF NORTH ANDOVER : In preparing the plan entitled "seven oaks" I hereby certify that the above na€ied pl an and .iccompanyi ng data i s true and correct to the accuracy required by the curi,ent Rules and Regulations Governing the Subdivision of Land in North Andover , Massachusetts , and my source of information about the 1ocation of boundaries shown on said plah. were one or more of the following : 1 . Deed from Brickus t•o SRK Inc . dated and recorded in the _ Land Court Cert 11661 Forth Essex Registry in Book , Page 2 , Other plans , as follows Landcourt Cases 41886 , 33828 3 . Oral information furnished by 4 . Actual measurement 'on the around from ,a starting point established by above plans 5 , tither Sources Si gned � _. .. _ ( Seal o a r or ( Registered Professional ngineer or Sury A` o� Registered Land Surveyor) ICHAEL ,ql Michael J. Sergi ! 331(" PER���o�� 160 Summer Street saI tAtA1Address FORM E � CERTIFIED LIST OF ABUTTERS Z Z 19 �1 T TO THE PLANNING BOARD OF THE T0WN OF NORTH ANID.OVER : The undersigned , being an appl i cant for appro,va. l of, a Defi ni ti ve PI an of a proposed subdi vi si 6n enti tl ed submits the follcwing sketch of the land in the subdivision listing the naves of the adjo -ping owners in their relative positions - and indicating the address of ea(.-;i abutter on the sketch or in a separate list , in •- p s di s ion only by a street . cl udin _ owners of land separated from the,; gnatur'e of pl i C . t Address /�7�irr�/� -✓ N f-J 0 3/off. 19 70 THE PLANNING BOARD OF THE TOWN OF NORTH ANDOVER . This i5' to certify ' that at the time'- of the last assessme.nt for taxation made by the Town of Forth Andover, the names and addresses of the parties assessed as adjoining owners to the parcel' of land shown above were as above written , except as follows i Assessor 1 fi i LIST OF PARTIES OF INTEREST PAGE OF SUBJECT PROPERTY MAP PARCEL NAME JADDRESS � ( � S IN i n c- ABUTTERS 'MAP PARCEL INAME ADDRESS lxv � 2j� lJucksc� is cr I ��s� � � �I • � �- a� � o S4� ti ;� sue- E Cava i^ IVA o! b c�of ix s go sumse+ Klock- oac4Ti Jo AW MUD D 240 1 Mavk ERa -70 PLY R,,d wd N Ardaffc, 0IQ� No . ire G l L.. i f FO RM I COVENANT June 2 S 19 04 North Andover ,Massachusetts KNOW ALL MEN by these presents that the undersigned has submitted an 1 application dated January 24, 1g94 to the North Andover Planning Board for approval of a Definitive Plan of a subdivision of and entitled : Seven Oafs plan by ; Christiansen & Sergi , dated :January 24, 1994, and owned y ; SRW Incorporated , address : — One SundiaT Avenue ; Manchester ; NII land located : end of Sugarcane Lane, North Andover, MA , and showing S proposed ots . The undersigned has requested the Planning Board to approve such plan without requiring a performance bond . IN CONSIDERATION of said Planning Board of ht jc5yy" in the county of CSSe - approving said plan without requi—r � r�g a performance bond , the undersigned hereby covenants and agrees with the inhabitants of the town as follows : Y. That the undersigned is the owner* in fee simple absolute of all the land included in the subdivision and that there are no mortgages of record or otherwise on any of the land , except for those described below , and that the present holders of said mortgages have assented to this contract prior to its execution by the undersigned . * If there is more than one owner , all must sign . "Appli cat-it " may be an owner or his agent or representative , or his assigns , but tine ,owner of record must sign the covenant . 2 . That the undersigned will not sell or convey any lot in the subdi - vision or erect or place any permanent building on any lot until the construction of ways and installation of municipal services necessary to adequately serve such lot has been completed in accor- dance with the covenants , conditions , agreements , terms and provisions as specified in the following ; , a . The Application for Approroval of Definitive Plan ( Form C ) . b . The Subdivision Control taw and the Planning Board ' s Rules and Regulations governing this subdivision . C . The Certificate of Approval and the conditions of approval spe - cified therein , issued by the Planning Board , dated April 12, 1994 d. The Definitive Plan as approved and as qu.al i fi ed by the Ce rti - fi sate of Approval . e . Other document (s ) specifying construction to be completed , namely , None ( Page 1 of 3.) . However , a mortgagee who acquires title 'to the mortgaged premises by foreclosure or otherwise and any succeeding owner of the mortgaged premises or part thereof may sell or convey any lot , subject only to that portion of this covenant which provides that no lot be sold or conveyed or shall be built upon until ways and services have been provided to serve such lot . 3 . That this covenant shall be binding upon the executors , adminis - trators , devisees , heirs , successors and assigns of the undersigned and shall constitute a covenant running with the land included in the subdivision and shall operate as restrictions upon the land . 4 . That particular lots within the subdivision shall be released from the foregoinn conditions upon the recording of a certificate of performance executed by a majority of the Planning Board and enum- eratina the specific lots to be released , 5 . That nothing herein shall be deemed. to prohibit a conveyance by a sinnle deed subject to this covenant , of either the entire parcel of land shown on the subdivision plan or of all lots not previously released by the Planning Board . 6 . That the undersigned agrees to record this covenant with the North Essex County Registry of Deeds , forthwith , or to pay the necessary recording fees to the said Planning Board in the event the Plannina Board shall record this agreement forthwith . Reference to this covenant shall be entered upon the Definitive Subdivision Flan as approved . 7 . A deed or any part of the subdivision in violation of the covenant shall be voidable by the grantee prior to the, release of the cov- enant ; but not later than three ( 3 ) years from the date of such deed , as provided in Section 81 -U , Chapter 41 , M . G . L . s . That this covenant shall be ,executed before endorsement of approval of the definitive plan by the -Planning Board, and shall take, effect upon the endorsement of approval . 9 . Upon final completion of the construction of.ways and installation of municipal services as specified herein , on or beforeApri-t 26, 1996 the Planning Board shall release this covenant by an appropriate instrument , duly' . acknowledged . Failure to complete con - struction and installation within the time -specified herein or such later date as may be specified by vote of the Planning Board with a written concurrence of the applicant , shall result in automatic rescission of the approval of the plan . Upon performance of this covenant with respect to any lot , the Planning Board may release such lot from this covenant by an appropriate instrument duly recorded . 10 . Nothing herein shall prohibit the applicant from varying the method of securing the construction of ways and installation of municipal services from time to time or from securing by one , or in part by one and in part by another of the methods described in M . G . L . , Chapter 41 , Section �91-U , as long as such security -is sufficient in the opinion of the Planning Board to secure performance of the .con- struction and installation . ( nano 2 of 3 ) r f For title to the property , see deeds from Romas Brickus & Rima Brickus , dated June 3 ; 1993 _, recorded in Registry of Deeds , Book , Page or registered in North Essex Land Registry as Document Pao . 55860 and noted on certificate of title No . 11661 in Registration Book 87 Pane 249 The .present holder of a mortgage upon the property is Westmount Ei:nancial Services', Inc. of Florida T e mortgage is dated and recorded in Registry of Deeds , Book Page or registered in North Essex Land Registry as Document No . , and noted on certificate of title No . 11661 , in Registration Book 87 , Page 249 The mortgagee agrees to� i�oE the mortgage subject to tFie covenants set forth above and agrees that the covenants shall have the same status , force and effect as though executed and recorded before the taking of the mortgage and further agrees that the mortgage shall be subordinate to the above covenant . spouse of the undersigned applicant hereby agrees that such interest as I , we may have in the premises shall be subject to the provisions of this covenant and insofar as is necess - ary releases all rights of tenancy by the dower or homestead and other interests therein . IN WITNESS `. HEREOF we have hereunto set our hands and seals this o f J one- 19 Qy !( r f / ' Acceptance by a Majority of the Planning Board of t ( Page 3 of `3) I 01 2,\ � FORM J LOT RELEASE The undersigned, being a majority of the Planning Board of the Town of North Andover, Massachusetts, hereby certify that: a. The requirements for the construction of ways and municipal services called for the Performance Bond or Surety and dated AJA _, 19 and/or by the Covenant dated, gne 19 9 and recorded in District Deeds, Book , Page or registered in �.�s�y 1\irnr-f h__ _ •„ Land Registry District as Document l No. and noted on Certificate of Title No. f �r 3/ in Registration Book 9V , Page has been completed/partially completed, to the satisfaction of the Planning Board to adequately serve the enumerated lots shown on Plan entitled " / F/Nrn1/ P,,�,D1 SuB�JLfS:e�J PLAN -SErrE-A✓ 0A,t_S Section (s) , Sheets Plan dated Re '6 8 , 19 recorded by the Registry of Deeds, Plan Book , or registered in said Land Registry District, Plan Book , Plan S S G I= , and said lots are hereby released from the restriction as to sale and building specified thereon. Lots designated on said Plan as follows: (Lot Number (s) and street(s) ) S a r a � - Lv�s /5 � b. (To be attested by a Registered Land Surveyor) 16 l& 0 IT /9� -i aDV T hereby certify that lot number (s) Street on (s) do conforM to layout as shown on Definitive Plan entitled " AFF1LaJVF f'•R-6. :50aDlUlsleA/ Section Sheet ( ) 0 e s ' ;,eff La r-veyor a PIRIP C.y CHRISTIANSEN No.28895 'O9 CISTEP�� y�FFSSIONAI 1 of 2 1 a. The Town of North Andover, a municipal corporation situated in the County of Essex, Commonwealth of Massachusetts, acting by its duly organized Planning Board, holder of a Performance Bond or Surety dated , 19 , and/or Covenant dated , 1.9 from of the City/Town of County, Massachusetts recorded with the District Deeds, Book , Page or registered in Land Registry Distract as Document No. and noted on Certificate of Title No. , in Registration Book, , Page , acknowledges satisfaction of the terms thereof and hereby releases its right, title and interest in the lots designated on said plan as follows: EXECUTED as a sealed instrument this 22nd day of September , 19 95 Majority of the ' k4e7, Planning Board. la"J64 of the Town of North Andover ~ COMMONWEALTH OF MASSACHUSETTS ESSEX , ss September 19, , 19 95 Then personally appeared Joseph V. Mahoney , one of the above members of the Planning Board of the Town of North Andover, Massachusetts and acknowledged the foregoing instrument to be the free act and deed of said Planning Board, before me. Notary Public Donna Mae D'Agata March 22, 2002 My Commission Expires 2 of 2 ESSEX NORT H RE G): -Y ATTE '-f: RMSTER OF MOO FORM J LOT RELEASE The undersigned, being a majority of the Planning Board of the Town of North Andover, Massachusetts, hereby certify that: a. The requirements for the construction of ways and municipal services called for the Performance Bond or Surety and dated J�ine 28 , 19 94 and/or by the Covenant dated June 28 - , 19 94 and recorded in District Deeds, Book , Page e or registered in North Essex Land Registry District as Document No. _ _ and noted on Certificate of Title No. 11663 � � in Registration Book 87 , Page 249 has been completed/partially completed, to the satisfaction of the Planning Board to adequately serve the enumerated lots shown on Plan entitled 11 Seven Oaks Section (s) , Sheets Plan dated January 24 , 19 94 recorded by the Registry of Deeds, Plan Book , or registered in said Land Registry District, Plan Book , Plan and said lots are hereby released from the restriction as to sale and building specified thereon. Lots designated on said Plan as follows: (Lot Number (s) and street(s) ) _Plan Lot_# 1 (Land Court Lot #13 ) existing residence with frontage and access from Forest St. , 228 Forest Street . b. (To be attested by a Registered Land Surveyor) I hereby certify that lot number (s) Z-oT / on Z�i. Street (s) do k conform to .layout as shown on Definitive Plan entitled Section Sheet (s n ��kv OFF C MiCHAEI. yam, J. , Register r 1 of 2 i d S " C. The Town of North Andover, a municipal corporation situated in the County of Essex, Commonwealth of Massachusetts, acting by its duly organized Planning Hoard, holder of a Performance Bond or Surety dated , 19 , and/or Covenant dated , 19 from of the City/Town of County, Massachusetts recorded with j the District Deeds, Book , Page or registered in Land Registry District as Document No. and noted on Certificate of Title No. , in Registration Book, , Page , acknowledges satisfaction of the terms thereof and hereby releases its right, title and interest in the lots designated on said plan as follows: EXECUTED as a sealed instrument this 6th day off ember 19 94 Majority of the Planning Board of the Town of North Andover l�C � COMMONWEALTH OF MASSACHUSETTS Essex , ss _ September 6 , 19 94 Then personally appeared Rich3A_2Ae[ fi _—r, one of the above members of the Planning Board of the Town of North Andover, Massachusetts and acknowledged the foregoing instrument to be the free act and deed of said Planning Board, before me. ko�tary Public S 199 My clommission Expires 2 of 2 PROPOSED SAMPLE DEED SRW, Inc. a Delaware Corporation with a principal place of business at One Sundial Avenue, Suite 510, Manchester, New Hampshire in consideration of grants to with quitclaim covenants Lot on Plan # , drawn by Christiansen & Sergi, Professional Engineers, Land Surveyors, dated January 24 , 1994, filed in the Land Registration Office. This conveyance is made subject to the following: 1. Special Permit granted by the North Andover Planning Board as Document # 2 . Subject to the 50 ' buffer-zone, no-cut line, as shown on said plan. For title of grantor see Certificate of Title #11661, registered in Book 87 , Page 249 . This conveyance does not represent all or substantially all of the assets of the grantor corporation. In Witness Whereof the said SRW, Inc. has caused its corporate seal to be hereto affixed and these presents to be signed, acknowledged and delivered in its name and behalf by its hereto duly authorized, this day of in the year one thousand nine hundred and ninety-four. Sinned and sealed in