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2001-06-21 Legal Documents PDD
8 40 T,' r V QUrVCLAIM DEED 1, Albert A. Mistretta, of North Andover, Ma'saachixaatta far .consideratiion paid, and in full AND NO/100 consideration of ONE C?LI,�($l,00} , t) grant to James: Miatrefta, Of Nayeide, New York, and Linda H01t,• of North Andover, Masbachueatta, an joint tenants, with QU1TcLATDi COYEHANT3, the fallowing: the land in said North Andover, being lot 6umbared one hundred eighty two (IO2) as shown on a plan entitled: "Waverly West parko recorded with North Essex aegiatry of heeds, Plan No. 463, bounded and described as follows: Northerly: one hundred (100) feet by lot ntuytbered ane hundred eighty three (103) an said plan) Eaeterlyt fifty (50) feet by lot numbered one hundred seventy-» nine (119) on said plan; Southerly: one hundred (100) feet by lot numbered one hundred CA eighty-one an said plan; and .1 ; Westerly: fifty (50) feat !iy ISenwood Strout: , Poing the eame precisea conveyed to ate by; deed of Albert R. Mistretta and John a. Spadaro, dated October 20, 1963 and recorded ' with the Mouth Lesax Registry of Deeds in Doak 1738, page 275. s; ►t lee- HOL7-r- PfipHTSt RHa x 18 ltiF799 $ ET dIIYTH O4']$H -, NITHESS my hand and seal this -day of May: 1993. WITNESS AWERT A. MjrSjj T COMMONWEALTH OF K"SACHUSETTS 7ri as X may; b a 1993 7q When personally appeared the above-named Alban, A, Histratba Uhe + saknowladged that the within instrument was :0?cgcuted by him as his free act and deed, before me, tp� George A, to la notary Public m' C aeon oxpi;eas 22/17/2992 05/01/01 TDE 15:00 FAX 0780884079 _ i 001 1 OVIrGu1lY Peru IIN01VI0VALE eft Carmelo Contarina, P11 J'E. It s County,}fasssrhtwt> of tawrence, kw yiotcoasidartionp4!l,Sfuttu Store R. Fichera and Frotzees V. Fichera. husband and wife, as joint tenants and not a8 tenania in common or:$a tenants rt by the entirety, of Lawrence With rfatulatns tavmatttr tmtc4aaim A certain tract of land, situated in North Andover, in &aid County of Fsgex being lots numbered 1st} and 181 on }clan No. 463, A of "Waverly West Park," North Andover, made by Horace hale Smith;, dated June, s �q 1905, and tiled with the Registry of Deeda, North Vi,3trict of l;anex. `. Being twp of the lass conveyed to me by deed of Sam G. SJ%mbtttaro, s' tinted December 31, IR40 and recorded iu the North Essex District Reglatry of Deeds, . k Book 637, Page 396. This conveyance Is made subject to a sewer assessment:and municipal y : t liens of record, ;> .�•) �k Flil,� 'M ELT F F c�F i s lul"_Fr L c y�� su S�—'L i Cantarino, ,� . Xiztutattsd f'' . 1, Maria Rost wife of said grantor. tenancy by the curtest' t:I release to said grintee all rlghts of and other intcrrsts thetein dower and homestead t 4 fifth Janus GO our ry+ : 'Ethulli, .."thand'a and souls this V.4w.............day of........ '.i.............19.1. ; VI 1~a rt'1tC O tr®t+ arin0 .......................................................... .. (0 FE*tflttatattrnatrsith of &aeeailptdttlm :+ , Jenuerryy �, 1066 �SSEJt, ss. kltYJtK�dpcxxxK�it ��'� Then personally apprY►rd the above named Carmelo Contarino 4 And acknowledged the foregoing imumncvt to bt his free act and dam, €ore me is:: J.Jr. ''''''FFF/// arrc �F••Jtk..�} �... 'I •' ,,.amp, Charlett W. Tro=1! My mez9a;0u ire May 7, w 71 - Egaex6 es. Recorded Jan. 5r 1966 at 54m pant; 2P.M. #129 a ��: QUITCLAIM DEED K 629 i FRANCES V. FICHERA, a widow, of 59 Jetwood Road, North Andover, Massachusetts 01845 for consideration of grants to R.IVERBEND CROSSING DEVELOPMENT, LLC, a Massachusetts Limited Liability Company, of 451 Andover Street, North Andover, MA 01845 lvtth cpi tcictim covenants A certain tract of Sand, situated in North Andover, County of Essex, Massachusetts, being Lot #190 and 181 on plan number 463, of"Waverly West Park", North Andover, made by Horace Hale Smith, dated June 1906, and filed with the Registry of Deeds, North District of Essex County. Being two of the lots conveyed to Salvtore R, Fichera and Frances V. Fichera by deed of Carmelo Contarino dated January 5, 1966 and recorded in the North Essex Registry of Deeds at Book 1052, Page 144. The said Salvatore R. Fichera died on July 9, 1988 in Lawrence, Massachusetts. Aa � v C� Executed as a sealed instrument this 3rd day of August, 2001 Frances V. Fichera 0 t�.l [J 8 ILA AUG 6`01 AM11'14 I s<- i�.l !.tj COMMONWEALTH OF M-ASSACE USETTS Essex, ss. August 3 2001 �'t (D Then personally appeared the above named Frances V. Fichera and acknowledged W DOMENICJ.SCALISE that she executed the foregoing instrument as her free act and deed, before me, ATTORNEY AT LAW 89 NfMN STREET NORTH ANDOVER.FM OtS45 MARK B. JOHNSON otary Public - menic . Scalise 1 (97s)6B2-fi(6S Attorney at Law 12 Chestnut St. My commission expires: 2/18/05 Andover, MA 01810 J BK 6299 PG 124 Y � E MASSACHUSETTS QUITCLAIM DEED James Mistretta of Bayside, New York and Linda Holt of North Andover, Massachusetts for consideration paid and in full consideration of grants to Riverbend Crossing Development, LLC, a Massachusetts limited liability company of 451 Andover Street, North Andover, Massachusetts with QUITCLAIM COVENANTS A certain tract of land, situated in North Andover, County of Essex, Commonwealth of Massachusetts, being lot numbered one hundred eighty two (182) as shown on a plan entitled "Waverly West Park" recorded with s North Essex Registry of Deeds, Plan No. 463, bounded and described as ru follows: AUG 7'01 P�412:30 �►� Northerly: one hundred (100) feet by lot numbered one hundred eighty three (183) on said plan; Westerly: fifty (50) feet by lot numbered one hundred seventy-nine 0 33 (179) on said plan; Southerly: one hundred (100) feet by lot numbered one hundred eighty-one on said plan; and Easterly: fifty (50) feet by Kenwood Street. Being the same premises conveyed to us by deed of Albert A. Mistretta a dated May 26, 1993 and recorded at Book 3740, Page'319, Signed as a sealed instrument this .day of August, 2001. f u J s Mistretta i Ada Holt irr/} MARK B. JOHNSON Aty�tJoµrrnu at Law 1�Ggl�f7�$A(�at4- da&No.Andovel Dod-Hoftdx Andover, MA O1810 f r BN 6299 FAG 125 COMMONWEALTH OF MASSACHUSETTS Essex, ss August 6 , 2001 Then personally appeared before me the above-named Linda Holt who acknowledged the foregoing instrument to be her free act and deed, a.✓k �d�Sph No Public My Commission Expires: 60jlU` STATE OF NEW YORK l�Luc County, ss August o, 2001 Then personally appeared before the the above-named James Mistretta who acknowledged the foregoing instrument to be his free act and deed, Notary Public , A € M Commission Expires:E Y p KEVIN eau As NW"Public,Siate Of MM YOdt No. OIBABO37848 pp abi+�Wro in February 2�,2002 FView•t}ces4�gslpn Oa�ap}Green Sc•No.MdaveMced•Mtldx Jan.-4- 2002 12:54PM No,7583 P. 1/2 fi Quftrtatm ;kCb 1, ,tames V.Lacolla,Trustee of the 350 Green Street Trust under declaration of trust dated November 24, 1994, and filed and registered with the North Essex County Registry of Deeds as Document No. 58511,of 491 Foster Street, North Andover, Essex County,Massachusetts 01845, In oonaideration of grant to Riverbend Crossing Development LLC, a Massachusetts Limited liability Company with offices at 451 Andover Street, North Andover, Essex'County,Massachusetts 01845, with gttitttafttt tobenarrto that certain parcel of land situate In North Andover In the County of Essex and said Commonwealth,bounded and described as follows; Northerly and northeasterly by the southerly and southwesterly Imes of Green Street about three hundred seventy and 991100(370.99)feet; Southeasterly and easterly by the northwesterly and westerly lines of a way twenty(20) feet wide as shown on the plan hereinafter mentioned four hundred seventy eight and 961100 (478,95)feet; Southwesterly by land now or formerly of Ivar L, Sjostrom,Jr„about two hundred seventy six and 1V00(276,18)feet; Westerly and northwesterly by the easterly and southeasterly bank of Shawsheern River as shown on said plan; Northerly by a IIna In said Shawsheen River, and Westerly by the easterly bank of said Shawsh9en River. All of Bald boundarles,,exoept the water lines, are determined by the Court to be located as shown on Plan No.20608A, drawn by Ralph B. Brasseur, C. E., dated April 1947, as modified and approved by the Court,filed In the Land Reglstrmlon Office, a copy of a portion 6f which is tiled with Certificate of Title No, 3362,Book 23, Page 49, The above described land Is subject to the flow of a natura[water course running through the same and shown on said plan as Shawsheen River. There is appurtenant to the above described land the right to use said way twenty(20)feet wide as shown on said plan In common with others lawfully entitled thereto. For title, see certifloate of Title No. 11889 ' bco -19 r pa&(� '3(p Jan , 4 ,, 2002 12:55PM No .1583 P. 2/2 y Tu Mutog Ubereo>f,,the said,lames V, Lacolla,Trustee of the 350 Green Street Trust,has caused these presents to be executed this 1 day of August, 2001. es V. La Ila, rustee %be (Comm esltb of OwsdzfjuOftto Essex,ss, August 1,2001 Then, personally appeared'the above-named.lames V.Lacolla,Trustee,and acknowledged the foregoing Instrument to their free cot and deed, as rustee as afore a , Before me, Ma ryb cInnis, Notary Public My c mml sion expires: 12l181200$ Yj thte�*r ' a Joseph D . LaGrasse & Associates , Inc. One Elm Square,Andover,MA 01810 www.lagrassearchitects.com ez, (0. 978,470,3675 fax: 978,470,3670 Jdlal@aol.com MEMORANDUM Date: April 30,2001 To: North Andover Planning Board Re: Record Information-Riverbend Crossing The following information shall be part of the submission for approval of Riverbend Crossing. I, As noted by Heidi Griffin,the site plan scale is I"=20'. The engineering information for this project requires details and specific information be placed on the plan. The scale of 1"=20' is used to detail this information so that it is readable and could be reviewed by the Town personnel casier, Therefore, if a waiver is required,we request that 1"=20' scale be allowed in lieu of I"=40' scale. 2. Attorney Scalise will provide all necessary deeds of ownership and easements required by the Town, a. Lot 60(111,769 so b. Lot 28(9,061 so c. Lot 29(5,000 so d. Cul-de-sac easement(refer to engineer's drawing) e. Existing footpath easements for natural trail use by Trails Committee and the public 3. Trails Committee request for bulletin board sign be placed at access from cul-de-sac will be completed under this project. 4. Additional landscaping request by Heidi Griffin will be planned for the front areas, but cannot be placed under the builduig parking areas. We can however,have additional planting placed within the Kenwood Street right-of-way between the wetland area and the cul-de-sac,if allowed by the Town. 5. Square footage of landscape and passive recreation areas: The landscaping site plans designate a limit ' for disturbed areas. This area forms a circumference immediately around the proposed building and parking areas. The balance of land area, including walking trails,will be left in its natural state. This area is approximately 42,000 sf of the 111,769 sf site,or approximately 38%of the site. This open space of 38%is natural land area and can be usable for terraces,walking trails,and other active or passive recreational uses, Additional open space not considered usable,and not included within the 38%open usable space,are the areas designated as;wetland or riverbank,slopes steeper that 3 to 1,and unimproved right-of-ways. 6. As per Jim Rand,of the DPW,Greene Street is an improved right-of-way serviced by the Town. The cul-de-sac is an improvement to the right-of-way that will require easements outside the right-of- way for DPW maintenance and plowing. 7. Sixty-three parking spaces are provided for this project. This equals approximately 1.5 spaces per unit. Under the by-law, one space per dwelling unit is required. The developer is providing the additional 20 parking spaces as some of the dwelling units may have more than one car or will need parking for visitors. Principals Joseph D, LaGrasse AIA • Philippe R. Thibault AIA Member of the American Institute of Architects & Briton Society of Architects i 8. Lighting fixtures: The four light posts on site are situated at the front of the building. The lighting fixture profile is attached to this memorandum. These fixtures will supply the minimum amount of illumination required and will not adversely affect neighboring properties. 9. Community and fiscal impact: Attached is a brief statement regarding the impact of this project. 10. Stop signs,speed limit signs,and line markings will be placed as directed by the Planning Board, DPW,and Police department, Submitted as part of the approval process by: Nsmtq� oseph D. LaGrasse,AIA jdl/Il Attachments: Community and Fiscal Impact Light Fixture Profile File:1727/memo5200[ i j i 5MOOTI-I POLL 1V I- z 24 ROUNED CONCRETE F3A5F LANTEFN5 115 W, 250 MH Ala ' - O" A50VL FAVEMENT L �� 6HT F05T 5GALE: 112 " p 1' -0 C2.0 Project: Riverbend Crossing Green Street North Andover, MA 01845 Communitlnpact The residential project is situated at the end of a dead end street. The Town presently plows the roadway to the end of this street. The proposed turnaround will allow more efficiency for police, fire,and DPW access and egress from this location. The existing condition of the present building located on this property is very hazardous and presents an ongoing hazard to the Town police and Fire department. This building will be demolished, The project is dedicated to people 55 years or older. This development will supply an alternative living style for people who no longer wish to take care of the upkeep of single family homes. The residential development benefits the Town because it begins to balance housing versus large single family homes. The residential development is: A. Adjacent housing is dedicated to the elderly. B. The project is in a quiet neighborhood C. The project is visually appealing, in that it is secluded fi•om Waverly Road and traffic. D. Scale of the project will have little effect on traffic,school age children will not be a factor, therefore the project will have minimum community impact. As noted in the comments above,Riverbend Crossing will be extremely compatible with the community and within the intent of planning under the PDD Special Permit. Fiscal Impact A full fiscal impact study has not been undertaken,however,this project may not require one. The following list of information should be reviewed: A. Project value: $10,000,000 B. Tax revenue: $180,000 C, Benefits to Town: Impact on schools-not a factor Impact on roads-minhnum 1.5 cars per dwelling unit Impact on services-minimum on police,fire,DPW This type of project will provide more tax revenue per unit than building single family homes. A more in depth financial statement can be made,however,justification has been established to insure the monetary/fiscal gain to the Town. file:1 72 7/0 5 2 00 1 I DOMENIC J. SCALISE ATTORNEY AT LAW 89 MAW STREET NORTH ANDOVER, MASSACHUSETTS 01845 TELEPHONE (978) 682-4153 j FAX (978) 794-2088 Marcia 28, 2002 Town of North Andover Planning Department 27 Charles Street North Andover, MA 01845 ATTN: Jackie RE: Richmond Realty Trust Premises -Riverbend Crossing Greene Street, North Andover, MA Dear Jackie: Concerning the above captioned matter, this letter will confirm that I recorded the following documents with the North Essex Registry of Deeds on March 27, 2002. 1, Planning Board Notice of Decision dated June 21, 2001, Instrument No. 13 524 2. Project site plan, Instrument No. 13523, Plan No. 14235. I am enclosing herewith a copy of both of these items for your file. If you have any questions please contact me. Very truly yours, , Domenic J. Scalise DJS/jq Enclosure Sep 13 02 07: 21p BOSTON REALTY INVESTORS 878 685 8080 p . 1 r I L. . - r. DESIGN DEVELOPNMNT CORP. 451 Andover Street North Andover, MA 01845 973-725-9000 TEL 97&-725-9500 FAX TO: FROM: v DATE: 9 �� 1� 1 V4 - TOTAL NUMBER OF PAGES, INCLUDING COVER: c0 WV EKTS: C� a� zls2 j J fy Sep 13 02 07: 21p BOSTON REALTY 1LIVUSTORS 978 6.85 8080 p . 2 09/12/02 M 16;07 FAX 6.17 722 2390 HOUSE GOP LEADER'S OFF. 0001 � I I t el�i UOa?L�G�+��if�G�/ �(1'-CILCGs�Pili� �Gorcdo a��,e�eer.,r.�r�.7`rvea ', 1A4�411, 66 amad-IM41 BRA©LEY 8. JONES, JR. L15 A1tDDLES> JC DISTRICT STATtw RE)'RESENTATIVE READING•IJORTN READING NORTH Ai•!l?OVEfi ASSISTANT MINORITY LEAOER ROOM 124 TFL.((F 1%)722-2 t 00 Rep.S radleyJohaSQhnu stola.ms.US Fax Cover Sheet Tcl: Fr im. Representative Bradley H. Jones, Jr. House Assistant Minority Leader Fax: (617) 722-2390 Phone: (617) 722-2100 Number of Pages (inclu(Iing cover sheet): Comments: Fax transmissions are solely for legislative purposes, ,Any personal or political use is prohibited by law, Printed on Recycled Paper i Sep 13 02 07: 2Ip BOSTON REALTY INVESTORS 978 685 8080 p . 3 09/12/02 TIRI 16:117 FAX 617 722 2390 HOUSE GOP LEADER'S OFF. f�1002 A 5332 chapter T HV C 0 M M O N W 9 A L T H 0 V M h 9 9 A G H ❑ S LT T T 9 In the fear nro 210usand. and Tiro AN ACT MLATI" TO CERTAIN ROUSING IN TIM TOWOF NORTH ANDOVP tt. ae It enacted by the Senate and house of Representxt.ivas In cene:cal Court assembled, and by the authorlty oi° the scene, as follows: BECTION 1. The exemption in subsectiono G and 7 of section 3 of chapter 151B of the General Laws for renidenoy in communitiee consisting of structures constructed expressly for use as housing fcr peruons 55 years of age or older on 1 parcel or on contiguoun parocla of land totaling at least 5 acres in size shall apply to struetw es constructed expressly for ass as housing for persona 55 years of Age or older at 350 Green street, comprised of Parcels 29 and Go of Map 11 and Parcel 20 of Map 7, in the town of Noeth Ando- ver, notwithstanding the failure of the parcel or parcels to contain at least 5 acme of land. SFCriOli 2. Thin act shall take effect upon its passage. Souse of Repreeentntivou, September 2002, Passed to be enacted, In Senate, September , .2002, Passed to be enacted, ,.Prer,ident. 2002. ! Approved, at o'clock And�}� minutes, M. A tin Governor. URBELis& FIELDSTEEL, LLP 155 FEDERAL STREET S i I'. r11 BosToN, MASSACHUSETTS 02110-1727 TiiomAs I URBELis Telephone 617-338-2200 Andover e-mail tju@ufb.com Telecopier 617-338-0122 Telephone 978A754552 September 20, 2002 Via Facsimile Board of Selectmen North Andover Town Offices 120 Main Street North Andover, MA. 01845 RE: 350 GREEN STREET Dear Members of the Board: Enclosed please find a copy of Chapter 318 of the Acts of 2002. Very truly yours, Thomas J elis Enclosure TJTJ/lah cc: Joyce Bradshaw Heidi Griffin Mark Rees s:\wp5l\work\"-andove\rorrcsptselecunen.Itr-grcenst.doe House No 5332, •as prepared for final passage i H 5332 Chapter 318 T H E C o M M o N W E A L T H O F M A 3 S A C S U S E T T S In the Year Two Thousand and Two AN ACT RELATIVE TO CERTAIN HOUSING IN THE TOWN OF NORTH ANDOVER. Be It enacted by the Senate and House of Representatives In General Court i assembled, and by the authority of the same, asYfollaws: SECTION 1. The exemption in subsections 6 and 7 of section 4 of chapter ISIS of the General Laws for residency in communities consisting of structures constructed expressly for use as housing for persona 55 years of age or older on 1 parcel or on contiguous parcels of land totaling at least 5 acres in size shall apply to structures constructed expressly for use as housing for persons 55 years of age or older at 350 Green street, comprised of Parcels 29 and 60 of Map 11 and Parcel 28 of Map 7, in the town of North Ando-- tA ver, notwithstanding the failure of the parcel or parcels to contain at least M 5 acres of land. SECTION 2. This act shall take effect upon its passage. QHouse of Representatives, September , 2002. 4 � N Passed to be emoted, , Speaker. Q� q- in Senate, September , 2002. W O lei.. Oa. � Passed to be enacted, President. Q W Q F- , 2002. ApproVed, at o'clock and minutes, M. i Acting Governor. LAW OFFICE OF MARK B. JOHNSON 12 Chesh ut Street Andover,Massachusetts 01810-3706 (978)475-4488 Telecopier (978)475-6703 Pnalesats ', MARK E. JOHNSON (NIA,NH,DC) KATHRYN M.MORIN LINDA A. O'CONNELL pv1A,NH,RI) LIANNE CRISTALDI DONALD F. BORENSTEIN (MA,ME) MICHAEL G.FURLONG (lvlA) November 1, 2002 Heidi Griffin, Director of Community Development Town of North Andover 120 Main Street North Andover,MA 01845 Re: Riverbend Crossing Green and Kenwood Streets, North Andover MA Dear Heidi: Please be advised that Riverbend Crossing Development LLC has conveyed the property to North Andover Residential Property, LLC. As such, Riverbend Crossing Development LLC has assigned to North Andover Residential Property, LLC all permits and all cash payments, together with interest on the bonds, which have been hosted with the Town of North Alidover relative to the above project. I would like to thank you for the courtesy your office and the Town Departments have shown us. i Very truly yours, 1 'i ohnson MBJ—klb pc: Riverbend Crossing Development LLC 1WIN.1rHVITQ0 t4` NINNdi�l North Andover Planning DepartmentM)ONV 14JItV North Andover Conservation Commission �Q �N North Andover Department of Public Works Robert Nicetta,Building Inspector Michael S. Falhnan, Esquire A U73 0.' F,INew-DocsVRlverbend Crossing Dev.,LLM02-306 Rosewood Const-Green Kenvrood StslGri(tinllr 1I-1-02.doc NOV-08--2002 15:41 CAPITAL GROUP PROPERTIES 5083576859 P.02 RENOWN CAPITALGROUP I PR01) 1rR 'rIES November 7,2002 Distribution @ North Andover,MA Municipal Boards,Agencies&Commissions RE: Notice of Transfer of Title RiverBend Crossing green Street Dear Addressee- This correspondence is to serve as notice that the title to the above referenced residential development has been transferred to North Andover Residential Property LLC. Any requests for information,regarding development matters are to be directed to Ted Fiffy of Capital Group properties. Questions relative to construction operations are to be directed to the General Contractor,Mr. Paul Slazik of Rosewood Construction Corporation. 1 Property Ownership North Andover Residential Property LLC 259 Turnpike Road Suite 100 Southborough,MA 01772 1 Development Ted Fiffy Firm Capital Group Properties 508 357 8825 voice 508 357 6859 fax if ca ital-gm-properties-com General Paul Slazik Contractor Rosewood Construction Corporation 508 485 5333 voice 508 485 9299 fax wns _.rosewood-consttuction.rom Distribution byfacsimile Cathy McKenna Dire&tor of Planning Planning Board ®� Julie A.Parrino Conservation Agent Conservation Commission Robert E.Bashara,PE Director of Engineering Department of Public Works — - D.Robert Nicetta Building Commissioner Building Department-• James Dccola Electrical Inspector Building Department James Diozzi Plumbing&Gas inspectorBuilding Department Brian LaGrasse Health Inspector Board of Health William Dolan Chief Fire Department Richard Stanley Chief Police Department -- Joyce nradshaw Clerk Town Clerks Office _ 259 Turnpike Road a Suilc 100 a Southborough.Masiachuseua 01772 o Mice(508)357-8825• Fax(sob)357•68S9 TOTAL P.02