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Home My WebLink About1975-03-03 Legal Documents DEF SUB . ................................. 4-7, SUBDIVISION CONTROL AGREEMENT SECURING THE , CONSTRUCTION OF WAYS AND MUNICIPAL SERVICES Agreement made this 16th day of May 1975 by and between Scott Properties, Inc. , hereinafter referred to as the "Applicant" ; Andover Savings Bank, hereinafter referred to as the "Lender" ; and the Town of North Andover, acting through its Planning Board, hereinafter referred to as the "Board" , vis: Whereas, pursuant to the provisions of the t Massachusetts Subdivision Control Law and the Board' s Ruses and Regulations adopted thereunder, the Board has approved a definitive plan entitled "Harold Parker Estates" dated May 51 1975, and recorded in the North Essex Registry of Deeds as Plan No. 7215. The Applicant and the Board have agreed upon con- ditions of approval, which conditions have been inscribed on said Plan Wo. 7215 recorded in said Registry of Deeds, which conditions are as follows: " 1. That the record owners of the subject land forthwith execute and record a covenant running with the land or otherwise provide security for r the construction of ways and the installation of ; . municipal services building within said subdi- vision. 2, All improvements and design standards shall meet the requirements of the rules and regulations governing the subdivision of land in the Town of North Andover in effect on the signing of these plans. 3. Cuter .installation shall be in accordance with the Board of Public Works. 4. Each lot shall require individual disposal system permits subject to, the Board of Health Rules and Regulations of 1974. Whereas, the Applicant has granted to the Lender a mortgage dated May 16, 1975, recorded in said needs in Book 1259 ► Pago 755 covering Lots 1-18 inclusive as shown on said plan as security , for the payment of a certain note in the principal sum of $138, 000. 00, and Whereas the Lender has withheld $90,000. 00 of said principal sum to be disbursed to the Applicant as and when municipal services shall have been installed and ways constructed pursuant to said plan, said Rules and REgulations, and Restriction Agreement; Now Therefore, it is understood and agreed that the Lender shall retain the sum of $90, 000. 00 deemed by the Board to be sufficient, releasing only such funds from time to time as approved by a vote of the Board as the municipal services and ways shall be deemed to have been completed or partially completed in accordance with its applicable rules and regulations: -2- Y f Services and Ways Amounts Drainage complete $19,500. 00 Water complete 25, 000. 00 Gravel base and binder coat of hot top 16, 000. 00 Balance on completion 29,500. 00 $90, 000. 00 It is also understood that funds for the above services and ways are to be advanced by the Andover Savings Bank only through written authorization of the North Andover Planning Board. { it is further understood and agreed that all of the above services and wags shall . be completed no later than June 1, 1976 , unless the date be extended by written amendment by mutual, agree- ment of the parties thereto. In the event the work is not completed within the time set forth or as extended, said funds as retained by the Lender shall be made available to the Board for completion of the work, and the Applicant shall be deemed to have authorized the release of said funds for said purpose, and to have relinquished all claim to j f t Said funds. of the foregeing, the PehrWhereby- -releases -lots e re4 Y]Ys' y stinttr r.�F_ - - I .•�'etac�_- i's v c� fc� �`-r_r_��7-�i��-^.�.-tkk:t—b*"r/��J�r�.r'n-vxzv—�x�rs v,�,,,^ AT The obligations of the parties hereunder are to be construed consistent with the Oubdivision control law, and no rights granted thereunder are waived. Executed as a sealed agreement on the date first above written. Town of North Andover Planning Board t` / Chairqhn acting for the Town of North Andover. Andover Savings Bank By �r. �a�,�.j•1iLc . z, Applicant Scott Properties, Inc. By Presz.dent-Treasurer -4- � I t j COMIIONWEALTH OF MASSACHUSETTS f f Essex, ss. Then personally appeared V. Scott Follansbee and acknowledged the foregoing instrument to be the free act and deed of Scott Properties, Inc. , before me, ll�ze7uee�A-Z" Notary 1 ubl,ac My commission expires: 9/4/81 COMMONWEALTH OF MASSACHUSETTS Essex, ss• Then personally appeared and acknowledged the foregoing instrument to be the free act and deed of the North Andover Planning Board, before me, c-t✓�lYlt.l�c_�'.� Notary Pu My commission expires: COMMONWEALTH OF MASSACHUSETTS Essex, ss. Then personally appeared Chester T. .Tenpins and acknowledged the foregoing ,instrument to be the free act and deed of Andover Savings Rank, before me, N tary lac M Commi sion expires : MY COMMISSION MOIRE MARCFI 29, 1970 SU)",DIVISY.ON CONTRO-L AGR'G';,,MM4T S.'ECURm(", 'i"liP, OIN OV WAYS ANI*7) Y((.TN(.ICT!?Af4 made thi-; 16t-h dkay !"IuY :1,9'/5 57 I)ebvooyl �Scott as tlno- "Applicallt-" rofcrrud -'U-o as the "Lender" ; and the ToWn 01" Andover, acting thruct�-,Yh Plannjxi j r r 0 d to a; the Whereas, pursuant to the of the jMaS�:,,aCjju!J;ettp, Subdivit-,ion Control Law allel the BoaI'-W :; RUICS and Regulations adopted theroundor, t-110 1XK',r("; approved a definitive plan ontitled "EarOle, Parkca-- J�statcsll dated May 5, 1975, and recorded in tho NO'C- LI"'"t r%ssox Registry of Deeds as Plan No. 7215. .Phe Applicant and the Board have acireod UPOIL < ditions of approval, Which COI-Iditions have been in,scribcd. on said Plan No. 7215 recorded in said Registry of herds, w'nicll conditions arc a -, �'01IM-l ;` 1. That the rocord Owners ()� the sub jcct Lln(l foa-thwjtlh cxccutc and :cccord a covol-liant rullyli'O(j with the land or. O-Lhe�rwise- provide; SCcUri£Y EO�: the construction Of WaYS and the installatiort o:% MU-niciPal sorviccs buileting within 'jaid subdi- vision. 2. All imprOVO-111011'It" aild dc- �.J I 'mceluz the rcquireMent' Of thc rU10-S I-L!"d t i governing the subdivision of land :in the Town ok North Andover in effect on the signing of these plans. 3. Water installation .hall be in accordance with the Board of 1?u]-)l.ic 1iforko. 4 . Each lot shall require individual d:i.SPoWI system permits subject to- the: Board of Health and Regulations of 1974 . Whereas, the Applicant has granted to the LenclOr a mortgage dated May 16, 1975, recorded in said Deod s :i.a•i Book, 1259 , Pago 755 covering 'Lots 1 -10 inclusive a--; shown on said plan as sc.curii:y for the paynlc:.nt of t� certain note in the principal sum off: $138 , 000. 00, aW Whereas the L" onder has withhold $90, 000. 00 of said principal sum to be disbursed to the Wlicant as anc-t when municipal services shall have been installed and ,,rays constructed pu:rouant to said plan, said Rules =I t.11g1E lations, and Restriction Agreement; Now Therefore, it is understaod and agrood that U(-� :[,onder shall retain the sum of r90 , 000„ 00 dc"Od by the Board to be sufficient, rejoasing only .:such Eund s .frWil time to time as approved by a vote of the Board as the: municipal services and ways shall be doomed to have b can completed or partially completed in accordan" with its applicablc rulos and a:ogulations: 2- li Services and «a s Arnount:s Drainage cornplete $19 , 50 0. 0 0 water complete 25, 000. 00 Gravol base and binder coat of hot top 1G, 000. 00 Balance on; Completion 29,500. 00 $90 , 000. 00 It is also understood that funds for the above services and ways are to be advanced by the Andover Savings Bank only through written authorization of the North Andover Planning Board. It is further undoes good and agroed that: all a:r' -t-110' above sc rviccs and ways shall be coMpICtc(l 110 latoc. than June 1, 1976 , unless 'C"h chat-, be extended by Wr:i.ttelI amendment )-)y mutual ace re(1- men-L of the parties thereto. In the event the %tiork is not compl.cf:�cl era t11a_a1 c.11cr L:i.l►1c SE:'i: :L( r-11 o:r as e, tenClC:(l, said fundo ar, by the Lander shall be made aava:i.lablo to the Doan• coyllpl.e-Lion of the �aork, and the: lkpPliCW'xt C hull bo deemed to have authorized the release of said purpose, and to have rcrl jnqui. ;hcd all. claa.ztt to i �i • '1� 1 j said funds. as The obligations of the parties heroundok are to be construed consistent with the ;subdivision control, law, and no rights granted thereunder ane waived. Executed as a sealed agreement on the date first above written. Town of North Andover Planning Board B Mai- Tian acting for i he Town o Noy.-t��iac�c vOr Andover savings Bank L Applicant Scott:: Properties, Inc lly CO201OMWBAL'-J'11 iu-\SSACHUSETTS Then personally aPjpc-4Ir&t V- fore(joing -Lns, to be -[-,ho c roportic�31 Inc. bo ore I'lCe act and deed of Scott P )fo,-aY.'y \,f<:) my ComyiONWEALTH OF MASSACH- USETTS 2ssex, S5. TI-ken pnl"3011all-Y a-PPOI)-�Cc(' William to Chepulis be, the and acjcnow].edged the foregoing Ins-1�-'runlOnt,f 'I I. Andove�C Planning 'Coo act and aced of the North before Me, MY cou"lission a YP ir 0 S ComMONWY,.'ALTN or MASSACHUSETTS Essex, When personallY appeared edged the -101-cgoing illstruMcn�, tO b(' t-110 and acknowl froe act and deed Of Andover Savings Bank, C— ,xi Nily CMANW R'M €-XPMES 079 31 rr plannJay Hoard horeby rcloanc ; Loto 1-18 inclusivo from yeso&Qtjonn 1, 2 and 3 ,;howa on the dcfinitivc plan entltlode 0 narold Parkcv Batutes" dated May 1975, and recorded in the ssoox North District R9gistry of Deeds as Plan NO 7215, and outlinud in the RestKictive Covenant Aqrcemont of - Vc:r, &4te recorded hc;cowith. RastricQ00 4 lcgardiag W" Lots 1-18 inclusive will remain in Kfoot. TOWJ'.4 OP NOTVZ1 XNDOVI�,R PLANNING BOARD Signo 7,5 )KIC*Ir �hr-k- COMMONWEALTH OF MASSACHUSETTS max, SS. Then personally appeared before we �jnd ac)Cj-jo qj edged the� I- ( o nj, krec act and deed of the Plannin�j Boardo Town of North Andovor. M eX Ito R-, K land owncd by Scott lk, 01" a dated lviay 50 1975" Z'.1-Ld Y:c,lo th DiS' Zicz; Roo ),,.jscx lNor 2 , .1975, 18" 1975, �?Iall Ljo- L"W (A'Mc:c- fox-thw.ith c-nCcuct-L-0 and :c ccc)'fd otheY'wioc PrOvidc' -S k th(-, co-'astruction 0:i: Ways and 1-:11e ill lat-iva Iflurlicipal services buildlrx(j within vi:-;ion. 2. All and aelAqn mac.-'k- ioC 0-J, tho rules al-ld governing the oubetivisiokl of laylCl j-11 tlIc-' ':00\4" 0": J. , 'I Ww:th �M-iclovc:c ill 01-1 the oig-Iling 3. wate) incjtz.Mation shall bo jk-j acco:�dancc-, the Boa:cd Of PU))Iic WO:C'k�- 4 . �F�'ach lot shaj.3 - )�equire, individual diSO) i'l systel-a to Doara of Health �.�ul' and Ragujatin o ;� of 19M I.,00M MI, wo'.RTH )PLIVL�NING DOARD By OV MASSACIIUS'j�J,TS Thon pu:c:�;onally u'p-poa:cca 'rj 1 i f e ' t-o be the JC:�,co act r1icid delo A C tilu ,L-1.�.r�}; IVI-yV Lo:Ard,, '1'OWA Of North A-ilduver-l- a.y�� M Cbll]Tti 't The above rC�',Y'jCtj0nS.:; E C: aC:0(2Pt C,d i1 i:t��J,�.Y ' Lots 1 -10 inclusive Nhown on the ahovC-m-.L'Crrecce a:sk No 7215. By CQMMOrriVU��atC�LTH Oki' YMSS.'t'>CTi'(7S3 'J-'TS Ess2 horn i)OrSOna:l l V® Scott v0l3.ansboc: aw'l acknowledged the i:o) ego_i jc�g' W be "re o ac": and of Scott pr0pC5:•4jes v Inc. , lJC'fore We, MY i 4 RELEASE KNOW ALL MEN BY THESE PRESENTS: The North Andover Planning Board hereby releases Lots numbered l through 18 inclusive, as shown on a definitive plan entitled, "Harold Parker Estates" , dated May ,51, 1975, and recorded in the Essex North District Registry of Deeds as Plan No. 7215, from the conditions inscribed on said plan No. 7215. TOWN OF NORTH ANDOVER PLANNING BOARD Signed By C axrman 4 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. 1975 Then personally appeared before me and acknowledged the foregoing instrument to be the free act and deed of the Planning Board, Town of North Andover. Notary Public My commission expires: .s t r FORM L REFERRAL FORM Pam Definitive Plans North Andovert Massachusetts subdivision: IM,OLD PAR]=- ESTAT,'S i'anuary 76f 1975 199 Applioant s 0vUr.P PROPJMMI'x }i ghway.Surveyor17�7' _ Supt. of Public Works x Conservation Commission x Building Inspector � Fire Chief x Police Chief x Tree Warden x Subdivision Control Subcommittee X AVUID OF 1U�41TY1 as: The attached gt definitive plans were submitted to the Planning Board on 6 L 1915 ,� • A public hearing has been scheduled for 7:30 P.M. on Y?eb $)XY 18v 1975 to discuss these plans. May we have your comments and recommendations concerning this subdivision by no later than Z`'abimary 14, 197.E Please return this plan form with your comments and recommendations. Thank youf Ci. 1 :c;lu to6k f. lda ? Clerkq PLANNING BOARD J J FORM L REFERRAL FORM PrA44minery/Def initive Plans North Andover, Massachusetts slubdivitiong Uk (W PAV624 0 U!"K, J� 390 Highway Surveyor ILVZ75 Supt. of Public Works Conservation Cowdasion Building Inspector Fire Chief Police Chief Tree Warden Subdivision Control Subcommittee The attached preinirirfdefinit3ve plans were submitted to the Planning Board on 1,97..'j A public hearing has been scheduled for P.M. on ro-n-LrWy to discuss these plans. May we have your comments and recommendations concerning this subdivision by no later than 14, 197,j Please return this form with your comments and recommendations. 1//7 � Thank you, a-It" y3hw%otcm�k Clerkf PLANNING BOARD FORM L RIWERRAL FORM xOfDefinitive Plans North Andover$ Massachusetts If"50 121� 199 Highway Surveyor Supt. of Public Works Conservation Commission Building Inspector Fire Chief Police Chief Tree Warden Subdivision Control Subcommittee The attached 061iininki#/definitive plans were submitted to the Planning Board on V la. A public hearing has been scheduled for T:- P.M. on } to discuss these plans. May we have your comments and recommendations concerning this subdivision by no later than J Please return this form with your comments and recommendations. Thank youg oilda IY1211'�a ox Clerk, P==WG BOARD i ARNOLD H. SALISBURY, TOWN COUNSEL TOWN OF NORTH ANDOVER, MASSACHUSETTS CENYRA1. 9UILCING LAWRENCE. MASSACHUSETTS MURDOCK 3.2731 April 11 , 1975 William 0b.opulis, Chairman North. Andover Planning Board Town Office Building North. Andaver, Massachusetts 01.84.5 Tear Bill: 1 have your letter to me dated April 89 1975 which is accompanied by a :corm of "Subdivision Control_ Agreement securing the construction of ways and municipal services" , for my comments . This foam of i.nsi,rinent, deli Vinod to be executed by your .Board as well as by the developer and by the bane or other lending institution from which he proposes to borrow funds has been prepared pursuant to the provisions of G.L. c .41 , s.81U, Paragraph 9, which reads as follows: "following a recording of a first raortgage covN- cring the premises shown on the . . . . (approved subdivision plan) . . . . the €plahe cnvenaboard•u.aonateltver'p�;ion, release lots From the operation of planning y L r to the planning board of an agree— ment Y p�- �� g� ment with the planning board., which agreement shall be executed by- the applicant and, the lender and shall provide for the retention by the lender of sufficient funds. . . . to secure -the construction of ways and the installation of municipal services. . . . " I assume that a.. "covenant running with. the land" has been. or will 'be filed with your Board by the developer, requiring the in— stallation of ways and services ore.any lot as shown upon the plan may be built upon or conveyed. In these circumstances, the execution of the .Agreement which you enclose in your letter would at your option be substituted for the covenant as to certain. lots which you may see fit to specify in the, Agreement. The "legality" of the enclosed Agreement would seer, to 'be beyond question, and your Board, in any event, has full. control whether or not it shall be executed. I should certainly recommend that ,your Board not execute it until the identity of the lender and its fiscal responsibility has been made known to you. If you have any further questions concerning this matter please let me know. e ry y ..truly J i .-own Gounsel ~ AUS/c c ' I i 1975 Ij Arnold If. Buy bear Amo% aclokl a Pleaue ill-0 OLMul Te}�tga-a�; MY ��`�.�:a,7it ed to air, by BOW ProperU009 Ano. in au of aar wit r..=: o the legulity of tho ; I 020a �: � ` WOan Once. fl . �d t E, ARNOLD H. SALISBURY, TOWN COUNSEL, TOWN OF NORTH ANDOVER, MASSACHUSETTS I CENTRAL 6UILWNO LAWRENCE, MASSACHUSETTS MURDOCK 3.2731 June IC, 1975 I WIIIIam ChepuIIs, Chairman North Andover Planning Board Town office Building North Andover, Massachusetts 01845 Re: Scott Properties Subdivision Control A regiment Dear Blll : I have your letter to me dated June 13, 1975, together with Its enclosure. I see no reason why the Instrument in question is not In order as It presently stands, including your deletion on page four of the subject document. .._:...... ._.... - bury I, Town Counsel AHS/cc fi E 1 I A b I i i i 1 1 i i h. To C!UanN y r" Re" BOOM Proportion contvcbot/ho'?'kago , and bear Arnold: r� are 000king yamv . c3 So on the 0 Of e:ec'rar try that we have rsontmatea with Boot p,ope t:io lwrlir -oin �,x- laavcy ca• rc:e1 cfUC4 axw Were= to a xeleaam of lots on l,ho yl1CSr'Lgagu f7Ci ' In our OP, here was no p:C`C31Tious C;CJyamw1at attmohed to 'rho X (�k��'�1'C' 01lC1��3 �F+�C37 a ' , S r=$1 tA��' Es Lr'Y.d��'�edeu I"".. %� 7l Y`�i, sa -y to lmve, r°�onlo form ca:�' WAvb Q rah '��a reply before Jane 23, 1975 early s•v�tu� r`�cd ounsideration prior to taking notion at that Moot ,4 J A, i WO o grb ? q ,3 A i i 11r i.,