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HomeMy WebLinkAbout2015-03-17 Application for Definitive Subdivision Approval _..____--- _.�_��,_______..W T: 978-M-52 E 5 1 F: 978-327.5219 A T T 0 R N t. Y S A T L A W jsmohik@ smohtkvaughanxom September 18, 2014 BY HAND John Simons, Chairman Planning Board Town of North Andover 1600 Osgood Street North Andover, Massachusetts 01845 RE: Application for Definitive Subdivision Approval Project: Rudick Place-- 1046 Great Pond Road Applicant: Marc E. Rudick Dear Chairman Simons and Other Board Members: On behalf of the Applicant, Marc E. Rudick, enclosed please find an Application for Definitive Subdivision along with accompanying plans and other supporting materials in connection with the proposed subdivision of a 6.3-acre parcel of land into three (3) lots to be known as Rudick Place which is located at 1046 Great Pond Road. As you may recall from our informal discussion with the Board on June 3, 2014, the existing property includes four separate residences on a single lot. The Applicant/Owner has been having difficulty marketing the property for sale as an entire estate-type of property. Based upon further discussions with the real estate broker for the property, as well as market data, it has been determined that a sale of the property would be facilitated if the property was divided into separate lots to be sold to individual buyers. To this end, the Applicant is proposing to retain three of the four existing buildings on the Property, and have each of the three residential buildings located on separate lots, with the fourth building to be either moved off-site or razed. Since there is inadequate street frontage to divide three lots having frontage directly off of Great Pond Road without obtaining zoning variances, the Applicant has designed a definitive subdivision such that a so-called "unimproved paper street" would be created to provide legal frontage to 2 of the three lots (Lots 37 and 38), while the third lot (Lot 36) would have frontage directly off Great Pond Road. The Applicant intends to utilize existing driveways for access for Lots 37 and 38, and a new, separate driveway would be East Rill, 21 H1911 Street,4119te 30 1,North Andover, MA 01845 wWW.4M0LAKVAUG JAMCOM SMOLAK & VAUGHAN I_,LP John Simons,Chairman PIarmh-tg hoard September 18,2014 proposed for Lot 36 having direct access to Great Pond Road. A declaration of easements, restrictions and covenants would be imposed on the lots to ensure maintenance obligations among the successor lot owners. The Applicant/owner is not seeking to increase density, but is instead reducing density while at the same time maintaining the existing streetscape along Great Pond Road in an effort to keep that streetscape intact as much as possible. Please feel free to contact my office with any further questions or concerns. Sincerely, John T. Smolak JTS/ cc: Matthew Egge, Town Planner Town Clerk's Office {By Hand} Phil Christiansen, P.E., Christiansen& Sergi, Inc. ww SAC US� PLANNING DEPARTMENT Community Development Division Foy APPLICATION I IIVE SUBDIVISON APPROVAL Received; Town of North Andover Town Clerk(Date Stamp) Stamp three (3)forms with the Town Clerk. File one (1)copy with the Town Clerk and two (2) with the Planning Department. To the Planning Board: The undersigned, being an applicant under Chapter 41, 81-0, 81-T, 81-U, MGL, for approval of a proposed subdivision plan, hereby submits a Definitive Plan and makes application for approval to the North Andover Planning Board; The undersigned hereby applies for the approval of said Definitive plan by the Board, and in furtherance thereof hereby agrees to abided by the Board's Rules and Regulations. The undersigned hereby further covenants and agrees with the Town of North Andover, upon approval of said Definitive plan by the Board: a. To install the utilities in accordance with the rules and regulations of the Planning Board, Department of Public Works, the Board of Health, and all general as well as zoning by-laws of said Town, as are applicable to the installation of utilities with the utilities within the limits of ways and streets; b. To complete and construct the street or ways and other improvements shown thereon in accordance with Section V and VI of the Rules and Regulations of the Planning Board, including all Appendices (I-VI) and Figures (1-27), and the approved Definitive plan, 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 agreements 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 C. To complete the aforesaid installations and construction within two (2) years from the date hereof. Page 3 of 5 1600 Osgood Sireel,North Andover, l;ldg,20,Suite 2-36 Planning Dept.,Moss€drusetts 01845 Phone 978,688.9535 Fox 978,688.9542 Weis www.lowtioftior,tligiii(iovet cone Edited 9/27/2010 1 1.{dame of Applicant: MOM E.Rudick Address. 10d6 Great Pond Road Na oUA Ill Signature of Applicant: 2.Name of Subdivision: Rudich Estates 3.Location and Description of Property[include Assessor's Map&Lot and Zoning District(s)j- The Property is located on the south sidg.qJ Qmal Po ad. d sacres 1 R- Zgnlnq Dlstd2j..andj2 dep1gjgdn LhQ Town gf. N h Andgver A MaRs as Map 10.,Lt 27 and known and nyrnbe.Md as 1046 GMat Pon Road. Applicant proposes to!c e subdivi2jon roadway such that a tolal of three 3 lots gen be configured so that an existing house can be loca ed o each-1 t created 4.Address of Property Being Affected:1046 Great Pond Road Zoning District: Residence 1 JR_1) Assessors: Map#: 103 Lot# 27 5.Deed Reference: Book�, Page and Certificate of Title No. 16052 6. Name of Surveyor/Engineer: Philip Christianson,P.E. Address; ian&Sera!, Inc. 160 Summer St. M v rhll 830 Easements and Restrictions of Record(Describe and Include Deed References) Flow to Joseph Kittredge 12.11.1 7 rerPL6A with ENRD In S.504 P.236,and flowage rights to Nathaniel Stevens (11.2.1851),_recordedtwitb said Dead in B.504,P.237. 7.Preliminary Plan Submitted? No ;Plan Approved? ;Date; PR Investments, LLC and MR Investments,LLC By: Marc E,Rudick,Managing M ber,duly authorized Signature d e : f qwn r(3) Address: c/o Marc Rudick, 1Q46 Great Pond Road,North Andover. MA 0180 Received:Town of North Andover Town Clerk(date stamp): Signature of Town gfficial Receiving this Application: Page 4 of 5 1600 Osgood Street, North Andover, Bidg.20, Suite 2-36 Planning Dept., {Massachusetts 41845 Phone 978.688.9535 Fax 978,688.9542 Web vwuvir. fnorth n .cam Edited 9/27/2010 Td Wd6P.01 t TOZ Z.T 'daS 880E T£ti 2 : 'ON BNONd miand 3 D8UW WONJ I Form L SIGNATURE REQUEST FOR PLAN REFERRAL ACKNOWLEDGEMENT Deparlmental referral Form L with signature of department acknowledging receipt. TO: Director,DPW Town Engineer, DPW Water& Sewer Department,DPW Water Treatment Department Fire Chief Conservation Administrator Inspector of Buildings Health Administrator School Department Police Department FROM: Applicant Marc E.Rudick Date: September 17, 2014 Re: Preliminary Plan XX Definitive Subdivision Modification to a Subdivision Special Permit Site Plan Review Address of Development: 1046 Great fond Road A Public Hearing has been scheduled for the following date: Tuesday, October 21,2014 Please provide your written comments to the Planning Dept by the following date: Wednesday,October 15 2014 (The Wednesday before the scheduled public hearing and/or scheduled Planning Board meeting). Failure to provide written comments by this date will constitute your approval of this plan. Thank you. Page 5 of 5 1600 Osgood Street,North Andover, 81dg.20,Suite 2-36 Planoing Dept,,Massodiuseiis 01845 P1rorie 978.688.9535 rasp 978.688.9542 Web Yiww.townofl)olillrlitdover.toiiI Edited 9/27/2010 i Rtsdick Place 1046 Great Pond Road Definitive Strbdivisioat Addendum Definitive Subdivision Application Information Requirements Section V. of the "Rules and Regulations Governing the Subdivision of Land in North Andover, Massachusetts (Rev. October 2001)" provides that, in addition to the Form C Application and Form L List, the following information shall be provided as a part of the Definitive Subdivision Application; 5.1.5 Site Evaluation Statement Submit an Environmental and Community Impact Analysis, if required (see Section 5.4); Response: Since the residential Definitive Subdivision Application confirms that the Applicant is not proposing to create frontage for six (6) or more, dwelling units, Section 5.4 of the Subdivision Regulations confirms that an Environmental and Community Impact Analysis is not required. 5.1.6 Certified copy of deed/proof of ownership A certified copy of the recorded deed for the parcel for verification of ownership and Form to allow authorization to do so if applicant is other than owner. Response: A copy of the deed for the parcel is attached as Exhibit A. 5.1.7 List of names of abutters A list of the names and mailing addresses of all abutting property owners as they appear in the most recent tax list(s). This list shall not be more than 6 months old, The list must include property owners on the opposite side of any street abutting the subdivision and abutters to abutting property owners within three hundred feet of the property under development consideration. The list of owners and their mailing addresses shall be certified by the Assessor's Office. Two sets of the addressed and stamped envelopes containing the names of the abutters must be provided to facilitate notice to the abutters. Response: A certified abutters list is attached as Exhibit B, and two sets of stamped and addressed envelopes to abutters has been provided to the Planning Department. (00081307,v1) 1 Rudick Place 1046 Great Pond Road Definitive Subdivisionz Addettduiti 5.1.8 List of waivers If applicable, a list of any waivers of the regulations being requested, and the reasons for requesting such waivers. Please refer to Section 2.5 regarding general procedures for waivers. Response: A list of requested waivers is attached as Exhibit C. 5.1.9 Construction Schedule The approximate scheduled time within which the ways in the subdivision will be completed and the public utilities and other improvements required by the Board will be installed therein. If the approved time is exceeded, the bond or conditional approval may be exercised or the approval may be rescinded. Response: All existing utilities will be preserved to the extent feasible. Utilities for the house to be razed will be cut and capped in accordance with DPW and utility company requirements , and utilities will be extended for the house to be moved to new Lot 1. New utilities will be installed to serve Lot 1 if required. Construction is anticipated to commence upon receipt of all approvals (Fall, 2014 anticipated), and to be completed before Spring, 2015. 5.1.10 Type of Performance Guarantee A statement of the type of performance guarantee which the applicant plans to submit in the event of approval of the Definitive Plan. Response: The Applicant intends to enter into a Form I Subdivision Covenant to secure the performance of the proposed work, and is requesting a lot release for the lot on which no work will be performed (i.e., Lot 38). Proposed Drafts of Form I and Form J are attached as Exhibit D. (0008 1307;v I) Rudick Place 1046 Great Pond Road Definitive Subdivision Addendum EXHIBIT A DEED 100081307;vl) Dac F 98 P O05 04-07-2009 2 z 14 Ct:f w«16052 Essex Roth land Court Reg i 6trNO CONSIDERATION NO TITLE SEARCH DEED THIS DEED, made this 28'h day of Februs_ry, 2009, by and between MARC E. RUDICK and PAMELIA E. RUDICK, husband and wife as tenants by the entirety, both of 1046 Great Pond Road, North Andover, Massachusetts 01845-1204 C'Grantors") and PR INVESTMENTS LLC, a Maryland limited liability company with an address of c/o Marc E. Rudick, 1046 Great Pond Road,North Andover, Massachusetts 01845-1204, and MR INVESTMENTS LLC, a Maryland limited liability company with an address of c/o Marc E. Rudick, 1046 Great Fond Road, North Andover, Massachusetts 01845-1204, as tenants in common in equal shares C'Grantees'). WITNESSETH, that, for consideration in an amount less than TEN AND 00l100 ($10.00) DOLLARS,the Grantors do grant and convey unto the Grantees,their successors and N assigns, in fee simple, as tenants in common in equal shares, all of the Grantors' interest in and to that certain parcel of land situate in North Andover, in the County of Essex, 00 Commonwealth of Massachusetts,and more particularly bounded and described as follows; Lot 35 Plar 1637.2J 14 All of said bopdaries, except the water lines, are determined by the Court to be located as shown on Plan No. 163720, drawn. by Andover Consultants, Inc., Surveyors, dated June 5, 1990, as modified and approved by the Court, filed in the Land Registration Office,a copy of portion of which is filed with Certificate of Title No. 10980,Book 80,Page 325. The above described land is subject to flowage rights as set forth in two grants; one made by John Adams et al to Joseph Kittredge et al, dated December 11, 1837,duly recorded in Book 504, Page 236, and the other made d by John P.Faster et al to Nathaniel Stevens ct al dated November 2, 1851,duly recorded in Book 504, Page 237, both recorded in the Essex South District Registry of Deeds. The above described land is subject to the flow of natural water courses running through the same and shown on said plan as Brooks. For Grantor's title,see Certificate of Title No. 184053. TOGETHER with the buildings and improvements thereon erected, made or being; and all and every, the rights, alleys,ways, waters, privileges, appurtenances and advantages to the same belonging,or in anywise appertaining. 6ASTM 361618,1=0/09 019330-000005 it 1 TO HAVE AND TO HOLD the said condominium unit; above described and mentioned, and hereby intended to be conveyed; together with the rights, privileges, appurtenances and advantages thereto belonging or appertaining unto and to the proper use and benefit of the Grantees,their successors and assigns, in fee simple, as tenants in common in equal shares, forever. And the Grantors covenant that they will warrant generally the property hereby granted and will execute such fiuther assurance of the same as may be requisite. WITNESS the hands and seals of the Grantors. WITNESS: (SEAL) MARC E.RUDICK V i +� (SEAL) L�,trar�J ITAMELIA E.RUDiC STATE OF } COUNTY OF „r ) I HEREBY CERTIFY that on this lag—day of February, 2009, before me, the subscriber, a Notary Public in and for the State aforesaid, personally appeared MARC E. RUDICK,known to me(or satisfactorily proven)to be the person whose name is subscribed to the foregoing Deed and who acknowledged that he executed the same for the purposes therein contained. WITNESS my hand and notarial seal. tary Public ' y CommissIon Expires:_� 00MENO J.t3C?d1UW- k �MUh[�atb� om+Oarna EAST%42361618.1 2120109 019330-000005 1 j{] I f � STATE OF } COUNTY OFr j 1 HEREBY CERTIFY that.on this amy of February, 2009,before me, the subscriber, a Notary Public in and for the State aforesaid,personally appeared PAMELIA E. RUDICK,known to me for satisfactorily proven)to be the person whose name is subscribed to the foregoing Deed and who acknowledged that she executed the same for the purposes therein contained, WITNESS my hand and notarial seal. Lary Public y Commissi Expires: ©OMEMIO'L Please return recorded Deed to: 0WO �� Kenneth S. Aneckstein,Esquire DLA Piper LLP(US) 6225 Smith Avenue Baltimore,Maryland 21209-3600 (410)580.4104 Please send real property.tax-,bills to: Mr. and Mrs.Marc E.Rudick 1046 Great Pond Road North Andover,MA 01845.1204 WT\4Z361618.1 M20/09 Ot433A.000Q03 . ......................................................... Doc a 98 s 005 04-07--2009 Ctf T:. 16052 Essex Heath Lund Court ReSiStrs t L.f .k Rudick Place 1046 Great Pond Road Definitive Subdivision Addendum EXHIBIT B CERIFIED ABUTTERS LIST (00081307;v1) I Abulterto Abutter( ) BulldingDept. ( ) Conservatlon (X ) Zoning ( ) Town of North Andover Abutters Usttlno H9 UIREMENT: h1GL 40A,Section 11 states rn part"Parties frn Interest as used In this du*er shall moan the petitioner, abutters,owners of land dirocW oppoelteon any pubtb or private way,and abutters to abutlore wMin three hundrod(300)feet of tho property lino of the pofldoner as they appear on the most recent applicable lax list,not withelnnding that 0as land of any such owner Is fooated In another etty or town,tho planning i board of the Illy or town,and tho ptanning board of every etutlkig city or lawn" SubiectPronerty: MAP PARCEL Name Address 103 27 MR Investments c/o Marc Rudlck 1048 Great Pond Road,North Andover,MA 01845 A Ogrs Properties_ MA9 Parcel Name: Address ; 103 2&3 Brooks School 1160 Great fond Road,North Andover,MA 01845 103 24&129 S.B.French Family Really Trust 1092 Great Ponta Road,North Andover,MA 01846 103 25 Blue Heron Really Trust 801 Turnpike Street,North Andover MA 01845 103 35 David Paolino 940 Great Pond Road,North Andover,MA 01846 103 40 Christine Sylvester 1027 Great Pond Road,North Andover,MA 01845 103 41 Mark DISalvo i011 Great Pond Road,North Andover,MA 01845 103 125 John Blaeser 1116 Great Pond Road,North Andover,MA 01845 103 128 David Poollno 950 Great Pond Road,North Andover,MA 01845 103 132 Osprey Really Trust 861 Turnpike Street,Nor(h Andover MA 01845 Lake Corhichowick Commonwealth of Massachusetts 100 Cambridge Street,Boston,MA 02114 l �4 I E i i This certifie8 that the nAMOS Marino On records of the Assess f1 � Certified by' f - ®a� i 1 Rudick Place 1046 Great Pond Road Definitive Subdivision Addendum EXHIBIT C LIST OF REQUESTED SUBDIVISION WAIVERS i {onus 1 sa7;v i) L K U JohnT. s,t;�,la�r, Esq. ----- T. 978-327-521 5 1 I": 978-327.521} ' S 5 Sti jsmolak n snutiakviu lattn.c:ctt�t I II September 18, 2014 BY HAND John Simons,Chairman Planning Board Town of North Andover 1600 Osgood Street North Andover, Massachusetts 01845 RE: Application for Definitive Subdivision Approval--1046 Great Pond Road Request for Waivers of the Planning Board's Rules and Regulations Governing the Subdivision of Land,as amended (the "Rules"). Applicant; Marc E. Rudick Dear Chairman Simons and Other Board Members: The following is the AppIicant's request for waivers in connection with the request for approval of a definitive subdivision plan for 1046 Great Pond Road entitled "Definitive Subdivision Plan of Land, 1046 Great Pond Road, North Andover, Massachusetts," dated September 17, 2014,prepared by Christiansen&Sergi, Inc, (the "Plan") and submitted to the Planning Board as revised on September 18, 2014. The Plan complies with the applicable provisions of the Rules except for the proposed deviations mentioned below. Pursuant to G.L. c. 41, §81R,and Sections 2.7 and 5.1.8 of the Rules, the Applicant hereby requests that the Board waive the requirement of strict compliance with the following provisions of the Rules: 1. Section 5.1.5--Site Evaluation Statement. Request waiver of submission requirement for Environmental and Community Impact Analysis as provided under Section 5.4, since the residential Definitive Subdivision Application confirms that the Applicant is not proposing to create frontage for six (6) or more dwelling units, Section 5.4 of the Subdivision Regulations confirms that an Environmental and Community Impact Analysis is not required. 2. Sections 5.1.9 Construction Schedule Section 5.1.11 Section 5.2.5 --Plan Requirements. Waivers requested because there will be no construction except for the razing and movement of one house and the construction of a driveway of approximately 86 feet in length to Great Pond Road for Lot 36. To the extent a construction schedule is required, the Applicant intends construction to commence upon receipt of all approvals (Fall, 2014 anticipated),and to be completed before Spring,2015. 3. Section 5.2-- Plan Form and Contents. Waive all requirements for plan form and contents except as shown on the Definitive Plan. Since plan will involve very limited construction and is designed to maintain existing improvements to the extent practicable, there is no need to prepare detailed construction specifications East Mill,21 Iiigh Street,Stiite 301,North Aiulover, AITA 01845 1V\N'W.SA,IOI_,AKNIA.IIGIIAN.0 OI\I SMaLn.K & V AurHnN L , John Simons,Chairman Planning Board September 78,2012 for the driveway and other similar requirements,including a cover sheet,lot layout plan,grading, drainage and utilities plan, street plan and profile, typical sections, details and notes plan. Also requesting waiver from including the granted waivers on the approved Definitive Plan. Adequate information has been included on the Definitive Plan to enable it to be recorded in accordance with the requirements of the Essex North Registry of Deeds. Since very limited construction is being proposed,required test data under Section 5.6 is proposed to be waived. 4. Sections 5.3 and 5.4 -Stormwater Report and Environmental and.Community Impact Statement. Since very limited construction is proposed to raze one house and move an existing house approximately_q `` onto a new foundation,and to construct an 86 foot long driveway from Lot 36 to Great Pond Road, there is no need for both a Stormwater Report or an Environmental and Community Impact Statement, 5. Section 5.7--Performance Guarantee;Section 5.8 Lot Release. We request the Board to vote to authorize the Board Chair to execute a Covenant and the issuance of a full release of Lot 38 from the Covenant. In accordance with Section 5.8, this letter serves as a formal request to release Lots 38 from the covenant to be executed as well as a waiver of the requirements for written evidence of satisfaction of construction and other related conditions prior to lot releases for this lot, 6. Section 5.14 -- As-Built Plans. Since very limited construction is proposed, a waiver from the requirement to prepare and submit as-built plans is requested. 7. Section 6.0- Requirements for Improvements and Design. Waiver requested from entire Section 6,including Sections 6.1 through 6.7 because no new improvements are being proposed other than a new driveway and relocated house, except for Sections 6.3.2 (Lot Dimensions). 8. Section 6.7.5-Street Numbers. Street numbers required to be assigned by DPW and included within the application to the Board. Proposed - Street numbers to be assigned by DPW after Definitive Approval. 9. Section 6.8,6.13, 6.14 and Appendices;Street Design Standards,Utilities and Storm Drainage; Waived since Project will not include constructed roadways but will use existing driveways and best management practices will be implemented for Stormwater management. 10, Section 6.9. Granite Curbing, Required- granite curbing on all new streets. Proposed-no granite curbing. 11. Section 6.11, Sidewalks. Required- one side of street in accordance with specifications. Proposed-No Sidewalk Proposed. 12, Sections 6.12.1 and 6.12.3. Required—granite monuments. Waived-monuments are proposed 36-inch capped iron rods. 13, Section 6.18. Street Trees. Required- to be located within street ROW, Proposed: No Street Trees. 14. Section 6.21. Lighting. Required-street lighting at locations determined by the Board. Proposed- No Street Lighting. SNIOLAK & VAUGHAN LLP John Simons,Chairman Plaiuning Board September 18,2012 The waivers requested are designed to facilitate the reconfiguration of the single parcel into three separate lots on which an existing dwelling will be located,and to provide legal access and frontage from Lots 2 and 3 via a proposed "papee roadway to Great Pond Road, As a result,no road construction other than the construction of a new foundation and a new driveway for Lot 36 is proposed,and if approved by the Board, the Applicant intends to continue to use the existing driveway network contained within the Property as the primary access points from Lots 37 and 38 to Great Pond Road. The waivers above are requested with the understanding that no construction is proposed on real property except for that work required to remove one of the dwellings from the Property, and to relocate a second dwelling onto a new foundation with driveway to be constructed on new Lot 36. For each waiver requested, there are reasons which are in the public interest and are consistent with the intent and purpose of the Subdivision Control Law and the Rules to justify the waiver of strict compliance with the respective provisions of the Rules. The granting of the requests will be in the public interest because it will facilitate the conveyance of three separate lots comprising the Property in order to preserve both the aesthetic qualities of this segment of the Great Pond Road corridor while at the same time minimizing earth disturbance on a Property which abuts Lake Cochickewick but best management practices will be implemented. Note that no work will be performed within 400 feet from the Lake. The requests are consistent with the purposes of the Subdivision Control Law because the PIan will enable the Applicant to create a subdivision with the sole purpose of creating legal frontage for Lots 37 and 38. Requests for Findings and Decisions The Applicant respectfully requests the Board to find that the proposed development is designed to provide sufficient roadway,utility and drainage services while preserving and enhancing the site's topographic features and that the requested waivers are in the public interest and are consistent with the Subdivision Control Law. Please feel free to contact my office with any further questions or concerns. Sincerely, John T.Smolak JTS/ cc: Matthew Egge,Town Planner Curt Bellavance, Director,Community Development Town Clerk's Office (By Hand) Rudick Place 1046 Great Pond Road Definitive Subdivision Addendum EXHIBIT D FORMSIANDJ (00081307;vi) 0, t"'20 0 $4 US PI,ANNING' DEPARTMI,�N'1' Community Development J.)ivision Form I - COVENANT KNOW ALL MEN BY THESE PRESENTS THAT WHEREAS the undersigned has submitted an application, dated, September 17, 2014 to the North Andover Planning Board for approval of a Definitive Plan of a certain subdivision bearing the name of Definitive Subdivision Plan for Rudick Place in North Andover, MA, 1046 Great Pond Road, North Andover, Massachusetts,dated September 16, 2014, and has requested that the Board approve such plan without requiring a performance bond, THIS AGREEMENT WITNESSED THAT, for the consideration that the North Andover Planning Board waive the aforesaid requirement for a bond, the undersigned covenants and agrees with the Town of North Andover as follows: 1. The undersigned will not sell any lot until the work on the ground necessary to serve such lot adequately has been completed in the manner required in the aforesaid application, and in accordance with the covenants, conditions and agreements thereof, (except for the following particular items of work, the performance of which shall be exempt from the conditions of this contract): 2. The undersigned agrees to record this agreement in North North Registry District of the Land Court as required by the Rules and Regulations of the North Andover Planning Board. 3. The undersigned agrees that this contract shall be binding upon his/her heirs, executors, and administrators, and particularly upon any grantees of the undersigned. It is the intention of the undersigned, and it is hereby understood and agreed, that this contract shall constitute a covenant running with the land. Lots within the subdivision shall respectively be released from the foregoing conditions hereof upon the recording of a certificate of performance executed by a majority of said Planning Board which certificate shall enumerate the specific lots to be so released. There are no mortgages of record or otherwise on any of the land in the aforesaid subdivision except as described below and the present holders of said mortgages have assented to this contract prior to its execution by the undersigned. IN WITNESS WHEREOF, the undersigned, applicant as aforesaid, does hereunto set his/her hand and seal this day of ---12014. PR Investments, LLC (Co-Owner) MR Investments, LLC (Co-Owner) BY: BY: Marc E. Rudick, Managing Member, duly authorized. Marc E, Rudick, Managing member, duly authorized, Page I of 2 1600 Osgood Street,North kdovei,Bldg,20,Suite 2-36 Planning Dept.,Massathuseits 01845 Phone 978,688.9535 Fox 978,688.9542 Web Edited 713012007 1 i Description of Mortgages(Give complete names and Registry of Deeds reference): None i Assents of Mortgages i i COMMONWEALTH OF MASSACHUSETTS Essex County, ss, Date: _ , 2014 On this day of , 2014, before me, the undersigned notary public, personally appeared Marc E. Rudick, as the duly authorized Managing Member of both PR Investments, LLC and MR Investments, LLC, proved to me through satisfactory evidence of identification, which was [a current driver's license] [a current U,S, passport] [my personal knowledge], to be the person whose name is signed on the preceding instrument and acknowledged the foregoing instrument to be his or her free act and deed and the free act and deed as duly authorized Manager of PR Investments, LLC and MR Investments, LLC. Notary Public My commission expires: Page 2 of 2 1600 Osgood Street,Norlh Andover,Bldg.20,Suite 2-36 Planning Dept.,Mossochasetis 01845 Phone 978.688,9535 Fax 978.688.9542 Web www.lownofiiortliciidovet.coni I i Art 11"K, S CHUS CCoM MUllity Development Division or - LOT RELEASE The undersigned being a majority of the Planning Board of the Town of North Andover, MA hereby certify that the requirements for work on the ground called for by the Conditional Approval dated , 2014 and registered in Essex North Land Registry District as Document No. and noted on Certificate of Title No. , in Registration Book , Page ) have been completed to the satisfaction of the Planning Board as to the following enumerated lots shown on Plan entitled Definitive Subdivision Plan for Rudick Place in North Andover, chusetts, dated September.16,,2014registered in said Land Registry District,4 Great Pond n Book Road North AAndover, Massa and said lots are hereby released from the restrictions as to sale and building specified thereon. Lots designated on said Plan as follows Lot 36, Lot 37 and Lot 38 _ (To be attested by a Registered Land Surveyor) I hereby certify that lot number(s) 38 on Road A which is an unnamed Street do conform to layout as shown on Definitive Plan entitled Definitive Subdivision Plan for Rudick Place in North Andover MA 1046 Great Pond Road North Andover Massachusetts dated September 16 2014Section NIA Sheet(s) 1 of 1 " Registered Land Surveyor Majority Of the Planning Board of North Andover 1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Mossochusetts 01845 Phone 978.688,9535 Fax 978.688,9542 Web vaavw,towfnofelortliaridover,coni Edited 8/1/07 i COMMONWEALTH OF MASSACHUSETTS Essex County, ss. Date: 2014 On this day of , 2014, before me, the undersigned notary public, personally appeared John Simons, as Chairman of the Town of North Andover Planning Board, proved to me through satisfactory evidence of identification, which was [a current driver's license] [a current U.S. passport] [my personal knowledge], to be the person whose name is signed on the preceding instrument and acknowledged the foregoing instrument to be his or her free act and deed and the free act and deed of the Town of North Andover Planninq Board. Notary Public My commission expires: 1600 Osgood Street,North Andover,BidgA,Suite 2-36 Planning Dept,,Massachusetts 01645 Phone 978,688.9535 Fox M,688.9542 web www,townofnorth{indover.con) (diced 8/1 f 07 ................................. l ` rAoacmr�wr WiFTJ Pu iq xp`�� 1 �w•// � <OOPrFAdI �' f ''! ! ccp� eaonrr�.xrtriwn DEFINMVE a 4 - SUBDIVISION PLAN EXISTING '°• o, na ScP:V-IV 'RUDICKPL4CE' --- i! W CONDITIONS % s NORTNANDOVER MA. 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I + } 3 % �� �u ,ccsrconaorecncnw�+++crennwa swat^-w DEFINITIVE L SUBDIVISION PLAN RUDICK PL 4CE" PROPOSED TOWN OF NORTij ANOOVFR warx uNoeaTMc we°N.vou P,ar�Ic...i NORTHANDOVSI.MA CONDITIONS l `'\ uwuro�calloma�: aainvR rvoNrN.wLowrNm�wrvmc saN+osav+o Li,VE C(DCI^�i�i'?C+!}v'€�. ,} \ 3 wtwrm cHm,�camu auao aPwrwnr.n ncvwkx rf p �y��y u cz �a�evuw-m¢v,aue aoaaaartt wNo noso � .l Y 'h�e}3k+'4MAffPc 1 cuarvallo nnvn rnn<.Nowo�w,wms °v).';',i CrZ FLEV._1 0.64'G�:l,�� 4 l ✓P' arv„ar'�ar[xE aa P• '�r nomu.�vow�EPnft�owrmo,escW, L'Navo!S al Stom CHRISTIANSEN&SERGI INC- oKihv:„crvtr�rt1N aan,ax,i �:�-��'� ' Sl9drF4Tf¢CS.PAVE0.NULMn'xK1N6ER`J OtAO \� 'Ji _.�i NN+,+'.QF[NPtr�,TFL 9lC,,1LVl,E FwKBl&,PJ9W SNEEr<OF 5 anTL' PPILIPGf P13rNN6G1 P2. ��_....�� irRBrvwYNsSCP.W RVG OYh3.N0.,40084aT 194 • 182 r �78 57 ^YCH 6ASX- F3:z1 1176. • _ 44 3/ k HOUSE • r Ex1SFfNbyl -_ �'� _--_ I YOEMS-MG TWO ` r'� ��•..r——— �• ti l3n7GH�A;1� J OA1Hu' r -��` STORY HOUSE 1f G1 �� /�.-� •m / t i� \ `•,/.�" � / "\ TOWN of NORTH ANDOVER \ / \\ \ \••jC u� --`�- ��j 5 rr ��92 'r 'Nb" S a pFF7CE OFTHE TOWN CLERK c IOKL�c.p�aw.prfut orrrerpwn OF \ ` /�` ---------- - \ Rrnsv"wrn.nwmr¢ Trw,rr,ic 1. / �; arcormmnrra;a�+cz.wcmnonccuF � � - - � . - ' i nexr,wrcawwrscmFr � \ � swo nonce. ��� \ \�`�� _ _ • \. i/' ��r i✓ .. DEFINITIVE PROPOSED SUBDIVISION PAN "RUDICKPL 4C " DRAINAGE m MODIFICATION a NORTH ANDOVER,MA 4W mm"m� o"0" c cw¢a �' _ �,ticaAmaM a r zc ao- PLAN vM1�vvCnY2nrG LWA .a31o/�r:wAC f.fWGlfx $ciltC'1'A2p Owlvot MA1�u.� eae G6wTP01d aaU' 1Fe cAF+rsrn7rta+n n0�,�'Y w.O,au pwr�.w�cucrlax,5 _ KMMA�"a�O,.unnDaS ��. PROLE55lON4L EH6WEEF56 WIp 511RVEY0R5 CHRIST14NSFN6 SERGI,INC. �� , cnsrnscT."avLrwiu_w.ss"aasms"vma t� rr�"rsonas,o"nxonanazo sHccs+csi v+auea�w�uv vs �----� ns,iuuw•rvauo+asewi,we Pwa No.,ao"saor °"� .... .................................................................... T WN OF NORTH ANDOVER OFFICE OF THE TOWN CLERK ls]YLEBM1,D9H-W.[lii>ttOF+NLTcm,GG NOMIIMIpWLR NfPLBYGLW,iF,'TkaTnq No,�a F nwawu cr THr:,aux er,N e rcuaaxouwnn N4+ticrx,uFrnzo u,u ncconnennTr+a�o�Y,eewnNoxpYlnt•of x.+ruw nosrn�co ouaomn¢,wcrrnoarn NFRYs"IFa AW umNintn RGCOiNW60}' n+uo xoncY. ' acPor,r,vxaaae'+ mnt aunsT - a�,n ,m n� i w� o.w s.ao I allo�aenw.. / � ig; uv..,esse cro�ux mi.-mua � ..�. rir PROPOSEDa — DRAINAGE k MODIFICATIONA� PROFILE OATE.INNncYp0.2o,5 inv. SNECT 2 OF 2 DEFINITIVE SUBDIVISION PLAN RUDICK PL ACE" NORTMANDOVER,MA "z - .00uwR:wwnccxmrx o•mcx ,d,IiN�.T,��nue6 wnwrwTPonoAo.o �.w >•w xwo ,.00 aos to.acar.TaoNo,aw nd,TN,xowrx++.o+au xomNY.rmac�ano+eas vROF ssona E d easguwos�avEroas DRAINAGE PROFILE CIIRISTMNSEN&SERGI,INC. HOREZONTALSGWE:r=zv lxn L l ✓r , :u�+a�rss,t<c,.w,vcrw,LLw�no+u.crrs mem waa,�a�ao vEGu scat.E:a-=x om,+cilwcnnvspvn��nc. Enright, Jean From: John Smolak <JSrnoIak@srnolakvaughan.corn> Sent: Tuesday, May 27, 2014 4;20 PM To: Enright,Jean Cc: phil@csi-engr.corn' Subject, FW: 1046 Great Pond Road -- June 3 Planning Board Informal Meeting Attachments: SKETCH Lpdf, SKETCH 2.pdf Hi Jean As discussed, we represent Marc Rudick as Trustee of Rudick Realty Trust, the owner of the 6.35-acre property known and numbered as 1046 Great Pond Road. Please include the 2 attached alternative sketch plans overlain on a recorded ANR Plan. The Property has been owned by the Trust since 1993, and the property is zoned Residential 1. The Trust seeks to split the property into 3 separate lots V,%dt-h a dwelling to be located on each of the three lots. The reason for the request is that the Trust has been marketing the property for sale as a single estate for over 1 1/2 years, but there has been no reasonable interest in, or offer on, the property as a single estate property. As a result, the plan is to divide the property into 3 separate lots to enable the sale of 3 separate lots with separate dvmflings an each of the 3 lots. This proposal would entail the movement of one of the existing houses onto one of the newly-created lots. The Trust has 2 options for dividing the property, as reflected in the 2 sketches prepared by Christiansen & Sergi which are attached. Option 1 Sketch I depicts three lots being created with frontage on Great Pond Road. Each of the lots would have adequate lot area but the middle lot -would lack adequate frontage. Such a plan would need approval from Planning Board and the Zoning Board of Appeals. Option 2 Sketch 2 shows the creation of a cul-de-sac to create additional frontage. Each of the lots created would have frontage and. lot area that complies with zoning. Only Planning Board approval of a definitive subdivision plan ivould be needed. Under such a scenario, the proposal would include a cul-de-sac on paper only with waivers to minimize cuts and the creation of new impervious area, and only driveways would need to be built. Zoning Board of Appeals approval would not be needed. Sketch 2 would be the desired option. We look forward to discussing these options with the Board at its June 3 meeting. Regards, John John T.Smolak,Esq. Smolak&Vaughan LLF East MiH i r j I i } i :ill I � it Ip I. l I yy I I I • -r'� - w 01)MCR=3IIA4,E4'65F4GIlN= 1+� 1046 GREAT POND ROAD EXISTING ! ( NORTH ANDOVER,MASS. C€]NlJ7TIONS PLAN ! '\ A�sace,irvv en to.�vtF i�H '� '. `1� J i aMA6:b.£4,AlAo1:As aFJ A• FRorfssev4l EI.xc1 RSS LIA�]SUht'EYVRS LOCUS l.,AP CHRISTIANSEN&SERGI,lNC. NOT TO SCuE r:ivaocri.Tstnu.se, _ 1 s��i�cs�j$caeo4s,a's�e Halo jir y:aj,�ir,+_�= "�Frpor 1 i i , I I 4 I,iI, z�f!cnzsn.�srJre sc¢n iw 1046 GREAT POND ROAD PROPOSED NORTH ANDOVER,MASS. LOTTING FeRrzs:nt>J ALTERNATIVE 2 .'PYti'llM CY[4E4. !<eYFnCCv }:=Y Rac�aT•.'1 Fug CtaE'JNv1J.1JJJ n��ranst%r¢e.tcf�er ,'„�y���3 PROFESS!0.1'u�'+x'i!:EEgS6 u!.»SV.m'Ff'OFS / CHRISTIANSEN&SERGI,INC. � i;J:'�tx�xsretEr.n,ee:„eys�<rr.cN+ssrrs c>J.v s'xFr i w J _ 5t5vC5fe.L¢CGtl rrt9/9d1J4'J'1 fAv 9'JJJl J i.t GM1R,Ra f+Sit1 i L L ' lj i ma sexaA iw 1046 GREAT POND ROAD PROPOSED NORTH ANDOVER,MASS, LOTTING oJlJsa. ALTERNATIVE I l'ASKfiL"'CY }.�SCEF.xiq,��d�� CL1E•A'AY13]JH H(5i]MAKN:Fi A!LOeHi _•, i�—...�( p $}6':.1l FNG 5'EERY6 L4�95U.9LElb.4a' n �-7-n CHRISTIANSEN&SERGI,INC. '«SiF£F5 Nll€i'SI;A'.S:Y.wSEIIS b�]JJ 5.EF i OF S Fl.xan[rvtSi[L':SF4 iSUSY[A1='.Gt[P'1 SFl NIJSJO]N FAY S]!J/rS.a1 C„0 iK if.V.>.tiJ . - FOR rmis o(ut'ONLY APPFC6VER BY m:TO,Nd OF Nam , ANDDVER 20NPIG BOARD DF APPEALS = s nromaxi G� HoWKwrDlaktdTr+m 55 mG� CASE 0i DATE OF fPP170AT10N Ea�"I�LtG r _ � - rrA1E BNit! C� Of PATE OF FIfDiRIkGC41N5?_UI 'R'IEG A SH4t5 ON iMPLA41. 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