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HomeMy WebLinkAbout1992-06-04 Legal Documents DEF SUB 04/2b= '00 15:22 I D:TWONEY-CANNON-COLWFI.L. FAk:508-470=0211 PAGE 2 1 ,Y COVENANT AND AC;RrwAIill" T RUNNING WITII THE LAND [`l-ilS AORI✓LMLNl' lS MADL'I'IilS _ DAY 01�—. - _,2000, by and .c�dtt10RATION, it Massachusetts C:orporatioll with a between MA I.fMITLi) LAND t' principal place of business 01'321 Commonwealth Road, Suite 102, W-,iyland, l Mas:jacilusetts, Gild Sohrab Ahadiat, and Judith Ahadian,oi' l22 Rosemont. Drive; North Andover, Massachusetts (hereinafter collectively "Ahndian"), REt`.ITALS W HEALAS, MA Limitcd T.�tnd C:orporatic>it is owner of a way known as Rosen ont Drive in the,1,own oI'North.Andover, l:sticx Cotmty, Massachusetts,as shown ssex North District Registry of Deeds its I'lan#120c�7; on a certcti�l flan recorded in the r and W11FRLAS, Ahadian purchased a certain kit identified m lot l t on said Platt #12097 by does! troll] MA 1,iillited land Corporation dated May 31, 1994, and recorded in said Registry in Hook 4056, Nags 2; and WI lIiRLAS, as an express condition�)I`sifld deed, MA Ijtnitecl land C n orporatio IIQNCttied the Icc in the way known Rts lZosenumt I]rive.inter alia; and WTIERVAS, Ahadian Ilati ealiscd to he Consirtieted walls, a portion ot'wltic.11 are I uated in the way.kncMn its Rosemont Drive; and W1IF:REAS, neither MA l,inlited Land Corporation nor the' Town oi'North Andover have given Madill) Perillission to �t11t�w it to caused to tic constructed s;lid wall~, a Portion ol�wijicli arelocajetl in the way known as Ito semolnt Drive; and WHEREAS, MA Limited i,and Corporation alld Ahadian arc,dosirot..%ol`having the way known as itascnlont Drive acccpted as a.public wily without currently requiring AlltidiGn to rLnlove the portion ol'such walls as tire located in the way known as Rosemont Drive. AGR ri MENT NOW 'ri4LItL.F0'zE, ill c41}4ideratlnn of tho mutual ct)vc"Unts, p rollllties ill'(' agrecrilent 4(7ntaincd herein, the parties "gree as !c]Ilows and guch agreement Shalt constitute a covenant running with the land., 04�25 '00 15:23 I D:TWOM Y--CANNON COLWELL FAX:508-470-0211 PAGE 3 1, A hadian lilt lad atlid valuable consideration. tilt receipt and nd s'u""ciency orwhiclt i' hereby acknowledge, does for themselves in nil caipac+tics; And their successors in title, 1)romises, covenZ[Zts and agrees to Void harmless €nd illdemnily the'rown of North Andover and MA JAmited I,and Corporttt►on ,and their sueCCssurs, assigns, . �uhsidiaries, divisions, ass[)ciat.i()rts, agents, crnploycey, insurer;;, attorneys, , prarinerships, tutu corporations fiorn any and all claialt�, acti(7atti, ctatrses or action demands, rights, dant[tgcs, e;(tsts, lays elf services, loss ttf`caatsortitarn, expenses, suits, daac5; sums, s[[[tts of rnoney, accoatnts, bonds, payment Of attorney feel, lili altic)n expenses attd costs, controversies, agreenionts, promises,doings", omissions,dal s extents, executions grid lifabilitics,of aa[ay naaane aartd nature ttris1rt�;t)ltt[?I'tllt`portion of I known tty Itoultuant t)rive, said walls extending; 1'rorn ecrtain walls located in tite way Ahatdiaa[t's laud known as Lot l l on said plan t#12097• 2: Altnclian l�ramiscs, covenants and agrees tllaat the'I'own ol'North Andover shall Itavu r t at tin time and without prior n[tticc,.to renu)ve salty portion of the wall-, leri h , Y t t, , located in the way known as Itt)semont Drive, and ill the event that tits Town of North Andover remo='i said walls, then Altadian, or his successor ill lane shall loalltt and reseed tite areas so affected at their s()lc cost and expense. 3, MA Urnited Land C orportalion a grc:cs to seek to have the way known as Rosenlont Drive accep ed aas .a public wily in the'l'awn of North Apdover, and upon Stich acceptance shall not cause to be removed tltc portion Ofsaid walls located in.t1w way. known as !t()s[:Ittc)[tt C)rivi which extend Vronl Ahadiaan's land known as IA l 1 on said l,lan 4112097 into the way known Is RO SQmont Drive). In the 4vent that lhce said wily known its ltayentont drive is not accepted its a public way, or in the event that the: Planning Board l)cpt:rtrttent or Public Works Land/or any other administrative 4�udy of the Town of North Andover cicclineti to vote t() accept the:way known ta.s Itoscrnont Drive prior' to a t()w,, atlecting due to tile,Oxi$jence of obstructioI's in thO Way i+ay tt[tWat a4 lZosernonl t)r'iVe, the MA Idimited l,aand Corporation roSe',rves all rights aas owner in Ai C of the wary known as Itosemo.nt Drivo, including but nit limited to the right to 04i25 '00 15:23 ID:TWONEY-CANNON-COLWELL FAX:508-470-0211 PACE 4 3 r0move said w711s without prior notico. Executed as a sealed Instrument this _any of 2000. Sobrab Ahadian Jttclith Ahzitliostx .—.. COMMONWVAL'1'1•i OF MnSSACHUSSRTf-S C(.)IJN'rY OF LSSI:sX, SS. 11,11en pct.5cxjaily appeared the above numcd Sohrah Ahadian and Judith Ahadian, to the known, and acknowledged the foregoing instrufllent to be their free act and. deed this day of_ _ �. _, 2000, Nototty Public My Comntis%io ll Expires: MA I.IMITRD I,AND CORPORATION, BY: (;I-cgory Kelleher, Assistant Vice I're:yident T C()m►nunwealtli c)l'Massachusctts Cosultty of Middlesex, ss: 1'Iten personally appearedbc;l'ore me the above ti�to�tcd EiregOiy Kclluhcr, AssisYtunt Vice 1'residct�t ul MA L1M1'l'1+;I) I.,AND Co iU)ORATION, duly autlu)rimd toad acknowledged thty Ibregoing instrunjent to be his free act t�tid deed on l�uh:iii'csl'said ccn porutian, before one this_day of _ ,20{)U. Notary Public � .—. ._._. My commission expires: COVENANT AND AGREEMENT RUNNING WITH THE LAND THIS AGREEMENT IS MADE THISn0'DAY 01~ A11,c ,2000, by and between MA LIMITED LAND CORPORATION, a Massachusetts Corporation with a principal place of business of 321 Commonwealth.Road, Suite 102, Wayland, Massachusetts, and Gregory T. Christo, as trustee of the 178 Rosemont Realty Trust, a/t/a dated August 29, 1994, and recorded in the Essex North District Registry of Deeds in Book 4115, Page 237, with a principal address of 178 Rosemont Drive,North Andover, a Massachusetts (hereinafter collectively"Christo"), RECITALS 1 Y 9100 Am11:28 WHEREAS,MA Limited Land Corporation is owner of a way known as Rosemont Drive in the Town of North Andover, Essex County, Massachusetts, as shown on a certain Plan recorded in the Essex North District Registry of Deeds as Plan#12097; r, and WHEREAS, Christo purchased a certain lot identified as lot 18 on said Plan V 412097 by deed from MA Limited Land Corporation dated August 26, 1994, and � x b� D recorded in said Registry in Book 4115, Page 242; and Christo conveyed said lot 18 to George L. Christo by deed dated October 1, 1998, and recorded in said Registry in Book , 5200, Page 290; 242; and George L. Christo reconveyed said lot 18 to Christo by deed • �. p dated October 2, 1998 recorded in said Registry in Book 5219, Page 239; and R+ WHEREAS, as an express condition of said deed from MA Limited Land Corporation, said from MA Limited Land Corporation reserved the fee in the way known as Rosemont Drive, inter alia; and c. WHEREAS, Christo has caused to be constructed walls, a portion of which are located in the way known as Rosemont Drive; and WHEREAS,neither MA Limited Land Corporation nor the Town of North Andover have given Christo permission to allow it to caused to be constructed said walls, a portion of which are located in the way known as Rosemont Drive; and WHEREAS,MA Limited Land Corporation and Christo are desirous of having the way known as Rosemont Drive accepted as a public way without currently requiring Exhibit A r � i Christo to remove the portion of such walls as are located in the way known as Rosemont Drive, AGREEMENT NOW THEREFORE, in consideration of the mutual covenants, promises and agreement contained herein, the parties agree as follows and such agreement shall i constitute a covenant running with the land; 1. Christo for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does for themselves in all capacities, and their successors in title, promises, covenants and agrees to hold harmless and indemnify the Town of North Andover and MA Limited Land Corporation and their successors, assigns, agents, employees, insurers, attorneys, subsidiaries, divisions, associations, partnerships, and corporations from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of services, loss of consortium, expenses, suits, dues, sums, sums of money, accounts, bonds, payment of attorney fees, litigation expenses and costs, controversies, agreements, promises,doings, omissions, damages, extents, executions and liabilities, of any name and nature arising out of the portion of certain walls located in the way known as Rosemont Drive, said walls extending from Christo's land known as Lot 18 on said plan#12097, 2. Christo promises, covenants and agrees that the Town of North Andover shall have the right, at any time and without prior notice, to remove any portion of the walls located in the way known as Rosemont Drive, and in the event that the Town of North Andover removes said walls, then Christo, or his successor in title shall loam and reseed the areas so affected at their sole cost and expense. 3. MA Limited Land Corporation agrees to seek to have the way known as Rosemont Drive accepted as a public way in the Town of North Andover, and upon such acceptance shall not cause to be removed the portion of said walls located in the way known as Rosemont Drive which extend from Christo's land known as Lot 18 on said Plan #12097 into the way known as Rosemont Drive. 1n the event that the said way known as Rosemont drive is not accepted as a public way, or in the event that the Planning Board Department or Public Works and/or any other administrative body of the Town of North Andover declines to vote to accept the way known as Rosemont Cr Drive prior to a town meeting due to the existence of obstructions in the way known as Rosemont Drive, the MA Limited Land Corporation reserves all rights as owner in fee of the way known as Rosemont Drive, including but not limited to the right to remove said walls without prior notice. 4. Christo further certified that the undersigned is the sole Trustee of said 178 Rosemont Drive Realty Trust and is authorized to act as such; That said Trust is in full force and effect and has not been modified, amended or terminated; and that said trustee is authorized by the beneficiaries of said Trust to execute and deliver this instrument, Executed as a sealed Instrument this day of,���y�'/, 2000. 178 Rosemont Drive Realty TX#gt By: Gr ry C isto, Trustee COMMONWEALTH OF MASSACHUSETTS COUNTY OF ESSEX, SS. Then personally appeared the above named Gregory T. Christo, Trustee, d;ly. authorized, to me known, and acknowledged the foregoing instrument to be his free act and deed, this day of 1 l Y , 2000. 4otary Public My Commission Expires: MA LIMITED LAND CORPORATION, By: /tm"C. G ory lle r, Assistant Vice P esident Commonwealth of Massachusetts County of Middlesex, ss: Then personally appeared before me the above named Gregory Kelleher, Assistant Vice President of MA LIMITED LAND CORPORATION, duly authorized and acknowledged the foregoing instrument to be his free act and deed on behalf of said corporation, before me this day of ,2000. A , Notary Public -A— My commission expires: j•j f,ZA3 is> y B 936 59 COVENANT RUNNING WITH THE LAND r ' = The Covenant horoln sot forth shall apply and be appurtenant to the following lot of land owned by Elm Servlo Corp., 200 North Main Street, East G3 l Longmeadow, MA 01028 ('Elm"): tz Lot 41 on a Plan of Land(19 pages)by Thomas E. Novo Associates, Inc. i entitled"North Andover-Estates' recorded in the Essex North District Registry of Deeds as Plan No, 12097, ; F The following restrictions are to be applied in conjunction with all other restrictions as established by the Town of North Andover, Essex County and the Commonwealth of Massachusetts as they apply to the subject lot. The restrictions are intended for the preservation of the value and amenities of the lot and are for the benefit of all lots In North Andover Estates and each owner thereof. l o 1. 6LChitectural Restrictionso N A. Architectural style of the home to be construcled on the lot shall be uniform in design and consistent with the 1991 z Series by Tall Brothers, the Cornell Series. B. It Is agreed and understood that this home shall serve as a m s 'model home"for the •Tall taros,development. Beypnd this use, no building or other structure shall be erected,placed or allowed to stand on the lot for any purpose other than for o a residence for a single family or in connection with such a residence, not Including a boarding house nor shall a building or structure be used In whole or in part for carrying on any trade,commerce or profession. 1t is not meant Q. hereby to prohibit use of the structures by its occupants as accessory office and work space in conjunction with a primary office and work location outside the home. Such use will be allowed only if no external evidence of such use exists. i C. Out-buildings may include a garage for a maximum of three (3)cars,said garage may be attached to the house,a tool house, playhouse, greenhouse or similar structures. 2. COM0116knAll work on any tot shall be completed within 12 months from the commencement of construction on the lot. �I _. , :' ...ter - %. .,' .. .,, s.1i,. . . .,. ;•�: _, A No clothes Unes shall be permitted In alto of adjacent lots, = B, •No farm anlmat or fowl shall be maintained on any lot,other -' than a maximum of two domestic'household pets, nor shall 5 such pets be brad or maintained for purpose of resale, C. No oxterior lighting shall be permitted of such Intensity that would unreasonably disturb owners of other lots subject to these restrictions. D. No outside antennas or satellite dishes of any kind may be constructed without the prior written permission of Elm,or Its successor In title. E. The following Items may'noi be maintained in open storage: vehicles,boats campers, trailers,machinery,supplies or materials. No trailer homes or mobile homes shalt be located on any lot heroin. 4. Enforcement of Govenyntsi These Covenants shall be for,the benefit of the Ict owners within the property. Elm shall have the right but not the obligation to enforce these provisions. The lot owners may enforce these provisions by action through a duly formed association comprised of residents of the property. Failure to enforce the• Covenants shall In no way be deemed as a waiver of ihO rights Included herewith, S. Modification or Termination of Restrictions: The restrictions set forth r f heroin,and any amendments thereto,shall run with the lots unless and j' until modiriod by approval of owners of 51%v of the lots restricted. t 6. Easement to Enter noon Lots: Elm,Its'agents,servants,employees, l successors and assigns shall have the right and easement at any l time, before and after conveyance of said lot,during working hours, to tinter upon same for the purpose of maintaining or improving of the ways,together with the right and easement to grade such lots in ; accordance with the requirement of the Town of North Andover. All of the foregoing may be accomplished without being guilty of trespass . or In any way being answerable for damages. The right shall terminate three(3}years from the date of recording this Instrument at the Essex North District Registry of Deeds. ex t ' r. f -_ - .r..�iu+.�;�.�`�K.YT�+c.�.-�s�u*vnx+rY�:,^' ..:.�.='�':..:�_ - '-'�'�;-•r. ^-. '- r+�......�•j.S�•r<•"-� __ 77- _ 1121= MIti2ct; Any person who violates or otherwise falls to comply these covenants shall be liable to the person who seeks :enforcement of the Covenants and Restrict on s for all bssasl costs and expenses(Including attorney's fees)Incurred by'the party entitle to Indemnification-in connection with the enforcement of these Restrictions. Invalidation of any one of these Covenants by judgement or court order, shall in no way affect any of the other provisions which shaft remain In full force and effect. Witness my hand and seal this day of February, 1993. ELM SERVICE CORPORATION • Ernest A.Gralla, lit, President and Treasurer COMMONWEALTH OF MASSACHUSETTS ESSEX, ss Februaryc7�,1993 Then personally appeared the above named Ernest A.Grata, Ill,President and Treasurer of Elm Service Corp. and acknowledged the foregoing to be the free act and deed of the corporation, before me. 00 any No�taary Public ssion expires: . �A 1998 ii 1 yrrhndxiltlul�". 1 • i I f I 282 COVENANT RUNNING vvrrl`I nM t.WD•. ' The Covenant herein set forth shall apply and be appurtenant i; to the following lots of land owned by Elm Service Corp„ 200 North =, Main Street, East Longmeadow, MA 01028 ("Elm"): Lots 1, 2, 3, 4, 5, 6, 7, 8 .9. 10, It, 34, 35, 36, 37, 38, 39, 40 and w 42 on a Plan of Land ( 19 pages) by Thomas E. Neve Associates, Inc, i! entitled "North Andover Estates" recorded In the Essex North District Registry of needs as Plan No. 12097. t The following restrictions are to be applied in conjunction with all other restrictions as established by the Town of North Andover, s Essex County and the Commonwealth of Massachusetts as they apply C to the subject lot. The restrictions are Intended for the preservation is of the value and amenities of the lot and are for the benefit of all lots Gir in North Andover Estates and each owner thereof, 't ti 1, Architectural_Re.mric•ti.oni, ird .i A. Architectural style of the home to be constructed on lots shall be uniform in design and consistent with the 1991 Series by Toff Brothers. B, No building or other structure shall be erected, placed or allowed to stand on the lot for any purpose other than for a residence for a single family or In connection with such a resldenca, not Including a .E3 boarding house nor shall a building or structure be used in whale or In part for carrying on any trade, commerce '• :`• or profession, It is not meant hereby to prohibit use of the structures by Its occupants as accessory office and iid I ,• , work space in conjunction with a primary office and work f$• location outside the home.-'Such use will bo'allowad only if no external evidence of such use exists, C Out•bulldfnga may includa a garage for a maximum of three (3) cars, said garage may be attached to the house. Out•buildinga may also Include a tool house, playhouse, greenhouse or similar structures, t a i% is r rIT� f F 1++! • ?' All work on any lot shall be completed Within 12 months from the commencement of construction ea the lot. 3 I, 1 3• Mlscellan,aotti Reatrinflnna• it A. No clothes lines shall be permitted In site of adjacent lots, st; B. No farm animal or fowl shall be maintained on Any lot, other than a maximum of two domestic household pets, not shall such pets be bred or maintained for purpose of resale. C No exterior lighting shall be permitted of such E Intensity that would unreasonably disturb owners of other lots ill j subject to these restrictions, D. No outside antennas or satellite dishes of any kind may be constructed without the prior written permission of Elm, or Its successor in title. ; f i E The following Items may not be maintained in open storage: vehicles, bangs campers, trailers, machinery, supplies or mafcrialA. No trailer liomrs or mobile homes shall be Iocalcd an any I lot herein, # , 4• nL4Tscmcnt of Cayennn .• t These Covenants shall be for the benefit of the lot owners within the property. Elm shall have the right but not the obligation to enforce these provisions. The lot owners may enforce these provisions by action through a duty formed aAAOclat€on comprised of residents of the property, Failure to enforce the Covenants shall In no way be deemed as a waiver of the rights Included herewith. s' The restrictions set ' forth herein, and any amendments thereto, shall run with the lots s unless and until modified by approval of owners of SIB of the lots restricted. 6. LDIL Elm, its agents, servants, employees, successors and Assigns shall have the right and easement s At any time, before and after oonvayance of said lot, during working hours, to War upon same for the purpose of Maintaining or Improving of the ways, together with the right and e"ament to 4 T . ' -------------------------- tnd t luck'lots'to Accordaace 'with'the requirement Af the Town'of . 'North Andover,'r:All of the foregoing,may be"'-icoimpllshed wtthotil iq being Sullty of trospius or In any way being answerable for damages. The right shall terminate three (3) years from the data of recording {{� this Instrument at the Essex North District Registry of Deeds, 7, +: r:,► ' Any person who violates or otherwise fails to comply with these covenants $hall be liable to the person who seeks enforcement of the Covenants and Restrictions for all losses, costs and expenses (including attorneys ices) Incurred by the party r' entitle to Indcmnlflcatlon in connection with the enforcement these Restrictions, f of '•"� + Invalidation of Any one of these Covenants by judgment or i court order, shall In no way affect any of the other provisions which ' shall remain in full force and effect, Witness my hand and seal this j 'day of April, 1993. i. F-LM SE ICE CORPORATION Ernest A. Gralia, Ili, President and TreasurerY: COMMONWEALTH OF MASSACFNSE C'I3 i County of -•1­�"OiA- ,as April rL , 1993 S Then personally appeared the above-named Ernest A. Grillo. IIl, President and Treasurer of Elm Service Corp, and acknowledged the forego to W the free act and deed of the corporation, before me. 4�h, Ro#,li Natary Public : My Commission expires: �Jikbl t'rri r� r Air. r+ t" •' � � '� VDU J]�1 G �* �� XW it t , .' 1 •� • � �Jc KNOW ALL MEN BY THESE PRESENTS That PARTHENON DEVELOPMENT GROUP, INC, a duly organized Massachusetts Corporation with a principal place of business located at 853 Turnpike Street, North Andover, and ELM SERVICES CORP. , a Massachusetts corporation with its usual place of business at 200 North Main Street, East Longmeadow, Massachusetts, (hereinafter collectively referred to as "Grantor") for consideration of ONE DOLLAR, grant to the TOWN OF NORTH ANDOVER, (hereinafter referred to as the "GRANTEE") , with Quitclaim covenants, the land described as open Space Areas #1, 2 , 3 and 4 on a Plan is entitled: ""NORTH ANDOVER ESTATES, A PLANNED RESIDENTIAL DEVELOPMENT, OWNER & APPLICANT: ELM SERVICE CORPORATION 200 NORTH MAIN STREET, EAST LONGMEADOW; THOMAS NEVE ASSOCIATES, INC; REVISED TO JUNE 26, 1992 ; SCALE 1"=2001 ; RECORDED AT THE ESSEX NORTH REGISTRY OF DEEDS AS PLAN # Said land is more particularly described as follows: Open Space Area #1 consisting of 380,896 square feet, more or less. Open Space Area #2 consisting of 14 , 883 square feet, more or less. Open Space Area #3 consisting of 210, 238 square feet, more or less. Open Space Area #4 consisting of 353 ,988 square feet, more or less. IN WITNESS WHEREOF, PARTHENON DEVELOPMENT GROUP, INC. through its duly authorized officer, and ELM SERVICES CORP. , through its duly authorized officer, have set its hand and seal, this 7th day of July, 1992 . Parthenon Development Group, Inc. Witness By: John J. Nolan President & Treasurer Elm Services Corp. Witness By: Ernest A. Gralia, III President & Treasurer i COMMONWEALTH OF MASSACHUSETTS Essex, SS. July 7, 1992 Then personally appeared the above-named John J. Nolan, President and Treasurer of Parthenon Development Group, Inc. and Ernest A. Gralia, III, President & Treasurer of Elm Services Corp. and acknowledged the foregoing to be the free act and deed of the corporations, before me, John A. James, Jr. Notary Public My commission expires: February 21, 1997 KNOW ALL MEN BY THESE PRESENTS That PARTHENON DEVELOPMENT GROUP, INC, a duly organized Massachusetts Corporation with a principal place of business located at 853 Turnpike Street, North Andover, and ELM SERVICES CORP. , a Massachusetts corporation with its usual place of business at 200 North Main Street, East Longmeadow, Massachusetts, (hereinafter collectively referred to as "Grantor") for consideration of ONE DOLLAR, grants to the TOWN OF NORTH ANDOVER, (hereinafter referred to as the "GRANTEE"),, with Quitclaim covenants, the perpetual right and easement for future road access. Said easement is located adjacent to Lots 11 and 12 as shown on a Plan entitled: ""NORTH ANDOVER ESTATES, A PLANNED RESIDENTIAL DEVELOPMENT, OWNER & APPLICANT: ELM SERVICE CORPORATION 200 NORTH MAIN STREET, EAST LONGMEADOW; THOMAS NEVE ASSOCIATES, INC; REVISED TO JUNE 26, 1992 ; SCALE 1"=2001 ; RECORDED AT THE ESSEX NORTH REGISTRY OF DEEDS AS PLAN # Said easement is more particularly described as follows: Commencing at a point on the Easterly side of Rosemont Drive, thence turning and running one hundred ten (110) feet to a point; thence turning and running along an arc with a length of forty seven and 12/100 (47. 12) feet to a point and running Southeasterly along Lot 11 one hundred three and 10/100 (103 . 10) feet to a point; thence continuing Northwesterly along Parcel C ninety five and 23/100 (95.23) feet to a point; thence turning and running along Cyr Associates one hundred fifteen and 17/100 (115. 17) feet to a point; thence turning and running Northwesterly along Parcel A forty six and 86/100 (46.86) feet to a point; thence continuing along Lot 12 fifty nine and 59/100 (59. 59) feet to a point; thence Continuing along an arc with a length of forty seven and 12/100 (47 . 12) feet to the point of beginning. Together with the right to use the streets and ways as shown on said plan for all purposes for which streets and ways are commonly used in the Town of North Andover in common with all others lawfully entitled thereto until conveyed to the Town of North Andover. i 1 TN WITNESS WHEREOF, PARTHENON DEVELOPMENT GROUP, INC. through its duly authorized officer, and ELM SERVICES CORP. , through its duly authorized officer, have set its hand and seal, this 7th day of July, 1992. Parthenon Development Group, Inc. nyess By: J hn J. lan J esiderK & Treasurer Elm e ices Corp. 'tness By: Ernest A. G�! lia, "'TT President & Treasurer COMMONWEALTH OF MASSACHUSETTS Essex, ss. July 7, 1992 Then personally appeared the above-named John J. Nolan, President and Treasurer of Parthenon Development Group, Inc. and Ernest A. Gralia, TTT, President & Treasurer of Elm Services Corp. and acknowledged the foregoing to be the free act and deed of the corporations, b fore me, �t Jjq h . A. James, Jr. * tary Public My commission expires: February 21, 1997 - 4 KNOW ALL MEN BY THESE PRESENTS That PARTHENON DEVELOPMENT GROUP, INC, a duly organized Massachusetts Corporation with a principal place of business j located at 853 Turnpike Street, North Andover, and ELM SERVICES CORP. , a Massachusetts corporation with its usual place of business at 200 North Main Street, East Longmeadow, Massachusetts, (hereinafter collectively referred to as "Grantor") for consideration of ONE DOLLAR, grants to the TOWN OF NORTH ANDOVER, (hereinafter referred to as the "GRANTEE") , , with Quitclaim covenants, the perpetual right and easement to install, construct, reconstruct, repair, replace, add to, maintain and operate the drainage system (hereinafter referred to as the "DRAINAGE SYSTEM") in North Andover, County of Essex, consisting of pipes installed underground, located within the easement area as hereinafter described property. Said "DRAINAGE SYSTEM" is located in, through, under, over, across Lots 5 and 7 ; Parcel "B" ; and "Open Space Areas" 1, 2 , 3 and 4 , as well as private streets or ways known as Holly Ridge Road, Rosemont Drive and Wild Rose Drive, all as shown on a Plan entitled: ""NORTH ANDOVER ESTATES, A PLANNED RESIDENTIAL DEVELOPMENT, OWNER & APPLICANT: ELM SERVICE CORPORATION 200 NORTH MAIN STREET, EAST LONGMEADOW; THOMAS NEVE ASSOCIATES, INC; REVISED TO JUNE 26, 1992 ; SCALE 1"=2001 ; RECORDED AT THE ESSEX NORTH REGISTRY OF DEEDS AS PLAN # Said "DRAINAGE SYSTEM" is more particularly described in the following easements: 1. A certain drainage easement labelled "Drainage Easement" described on Sheet #2 , said easement being located in the "Open Space Area #111, so-called, immediately Westerly of Lot 42 and Southerly of Rosemont Drive. Said easement is bounded and described as follows: Commencing at a point on the Southerly side of Rosemont Drive and proceeding Southerly twenty (20) feet; thence turning and running Easterly forty (40) feet; thence turning and running Northerly twenty (20) feet, more or less; thence running Southwesterly forty four (44) feet along the Southern edge of Rosemont Drive forty (40) feet to the point of beginning. 2 . A certain drainage easement labelled "Drainage Easement" described on Sheet #2 , said easement being located on Parcel "B" , Northerly of Rosemont Drive. Said easement is bounded and described as follows: Commencing at a point on the Northerly side of Rosemont Drive, thence running Northerly twenty five and 46/100 (25.46) feet to land owned now or formerly of Rea; thence turning and running a Northeasterly twenty (20) feet along said land of Rea; thence turning and running Southeasterly twenty five and 61/100 (25. 61) feet to Rosemont Drive; thence turning and running Southwesterly twenty (20) feet to the point of beginning. 3 . A certain drainage easement labelled 'lDrainage Easement" described on Sheet #4 located in the "Open Space Area #311 , so-called, immediately Easterly of Wild Rose Drive, and Northerly of Holly Ridge Road. Said easement is bounded and described as follows: commencing at a point on the Northerly side of Holly Ridge Road, thence running Northerly twenty (20) feet radial to a point; thence turning and running easterly twenty (20) feet to a point; thence turning and running Southerly twenty (20) feet to a point; thence turning and running Northwesterly along Holly Ridge Road along a radius with a length of twenty three and 11/100 (23. 11) feet to the point of beginning. 4 . A certain drainage easement labelled "Drainage Easement" described on Sheet #4 located partially on Lot 7 and partially in the Open Space Area #2 , immediately Southerly of Holly Ridge Road and Easterly of Wild Rose Drive. Said easement is bounded and described as follows: Commencing at a point on the Southerly side of Holly Ridge Road, thence turning and running Southwesterly thirty (30) feet to a point; thence turning and running Southeasterly eighty eight and 71/100 (88.71) feet more or less along a radius; thence turning and running along Lot 6 Northeasterly thirty (30) feet to a point; thence turning and running Northwesterly ,along Holly Ridge Road along a radius with a length of eighty eight and 71/100 (88.71) feet to the point of beginning. 5 . A certain drainage easement labelled "Drainage Easement" described on Sheet #5 located on Lot 5 immediately Northerly of Wild Rose Drive. Said easement is bounded and described as follows: r Commencing at the point on the Northerly side of Wild Rose Drive and turning and running Northeasterly sixty two and 47/100 (62 . 47) feet to a point; thence turning and running Southeasterly along open space area #3 twenty five and 80/100 (25. 80) feet to a point; thence turning and running Southwesterly forty two (42) feet to a point; thence turning and running along Wild Rose Drive to the point of beginning. 6. A certain drainage easement labelled "Drainage Easement" described on Sheet #4, said easement being located in "Open Space Area #411 , and is Easterly of Holly Ridge Road. Said easement is bounded and described as follows: Commencing at a point on the Easterly side of Holly Ridge Road, thence turning and running Easterly thirty four (34) feet to a point; thence turning and running Northeasterly forty five (45) feet to a point; thence turning and running Westerly thirty four (34) feet to a point; thence turning and running Southwesterly forty eight (48) feet to the point of beginning. 7 . A certain drainage easement labelled "Drainage Easement" described on Sheet #4, said easement being located in "Open Space Area #311 , and is Northerly of Holly Ridge Road. Said easement is bounded and described as follows: Commencing at the point on the Northerly side of Holly Ridge Road; thence turning and running Southwesterly fifteen (15) feet along Holly Ridge Road; thence turning and running Westerly twenty five (25) feet to a point; thence turning and running Northeasterly twenty (20) feet to a point; thence turning and running Easterly twenty five (25) feet to a point; thence turning and running Southwesterly along Holly Ridge Road eight (8) feet more or less to a point; thence turning and running Southwesterly six and 96/100 (6.96) feet to the point of beginning. 8 . A certain drainage easement labelled "Drainage Easement" described on Sheet #4, said easement being located in the "Open Space Area #311, so-called and is Northerly of Holly Ridge Road. Said easement is bounded and described as follows: commencing at a point on the Northerly side of Holly Ridge Road; thence turning and running Westerly twenty five (25) feet to''a point; thence turning and running Northerly seventy two (72) feet to a point; thence turning and running Easterly twenty five (25) feet to a point; thence turning and running Southwesterly seventy two (72) feet along Holly Ridge Road to the point of beginning. 9 . A certain detention pond described on Sheet #10, labelled as Detention Pond #1. Said pond is located on Lot B, northerly of Rosemont Drive. 5 10. A certain drainage pond described on Sheet #11, as Detention Pond #2 . Said pond is located in "Open Space Area #3" and is located easterly of Wild Rose Drive and Northerly of Holly Ridge Road. Also with the further perpetual right and easement from time to time to pass and repass over, across and upon land of Grantor, as is reasonable and necessary in order to renew, replace, remove, add to, maintain, operate, patrol and otherwise change said "DRAINAGE SYSTEM", and each and every part thereof, but not the general location thereof, and to make such excavation or excavations as may be reasonably necessary in the opinion of the Grantee, its successors and assigns; however said Grantee, its successors and assigns, further covenants and agrees that after any excavation or excavations permitted in this easement, it shall properly backfill said excavation and restore the surface of the land to as reasonably good condition as said surface was in immediately prior to the excavation or excavations thereof. For Grantor' s title see deed from Alan D. Solomont, Trustee, REB SARAH REALTY TRUST, dated March 16, 1988 recorded at Essex North Registry of Deeds at Book 2693 Page 20 and deed from Parthenon Development Group, Inc. to Elm Services Corp. dated December 31, 1990 and recorded in the Essex North Registry of Deeds at Book Page IN WITNESS WHEREOF, PARTHENON DEVELOPMENT GROUP, INC. through its duly authorized officer, and ELM SERVICES CORP. , through its duly authorized officer, have set its hand and seal, this 7th day of July, 1992 . Parthenon Development Group, Inc. ' tness B : Jo n J..N an ' Pr sident & Treasurer Elm /Services Corp. 'tness y: Ernes Gralia, III President & Treasurer r i COMMONWEALTH OF MASSACHUSETTS Essex, ss. July 1992 Then personally appeared the above--named John J. Nolan, President and Treasurer of Parthenon Development Group, Inc. and Ernest A. Gralia, III, President and Treasurer of Elm Services Corp. and acknowledged the oregoing instrument to be the free act and deed of the Corp cations, before me, J A'___James, Jr. No ary Public My commission expires: February 21, 1997 KNOW ALL MEN by '1THES 3 p10332;M That PAMBNON DEVELAPMENT GROUP, INC,, A duly Organized U400achusott0 Corporation with a principal place of business located at 053 Turnpike Street, North Andover, and ELM SERVICE. CORE, a Massachusetts corporation with its usual place of business at 200 North Hain Street, East Longmeadow, • Hassachusetts, (hereinafter collectively referred to as "Grantor") for consideration of ONE DOLLAR, grants, to the TOWN OF NORTH ANDOVER, (hereinafter reforrod to as the "GRANTEE"),, with Quitclaim covenants, the perpetual right and easement to install, construct, reconstruct, repair, replace, add to, maintain and operate the drainago system (hereinafter referred to as the "DRAINAGE SXBTEM°) in North r Andover, County Of Essex, consisting of pipes installed underground, located within the easement area as hereinafter described property, Said "DRAINAGE SYSTEM" is located in, through, under, #s over, across Lots 5 and 71 parcel "[3"1 and "Opon Spacs Areas" 1, 2, and 4, as well as private streets or ways known as Holly Ridge Road, Rosemont Drive and Wild Rose Drive, all al , shown on a Plan entitledt 1E"NORTH ANDOV€R ESTATES, A PLANNED (1; RESIDENTIAL. DEVELOPMENT, OWNER i APPLICANT] ELM SERVICE CORPORATION 200 NORTH MAIN STREET, EAST LONGM£ADOWr THOMAS NEVI: A(]1lOCIAg1j1,1, INC) IU:VI(3t.O TO jUNt, 26, 19921 OCAL,L, 1"-100ti RECORDED AT THE ESSEX NORTH REGISTRY OF DEEDS AS PLAN MLZ_s! Said "DRAINAGE BYS11EM" is more particularly described n the following oaaomentst 1. A certain drainage oas+emont labelled IFDrainage Easement" described on Shoot 12, said easement being located in the "open Space Area 1111, so-called, immediately Westerly of Lot 42 and Southerly of Rosemont Drive, Said easement is bounded and described as follower i Commencing at a point on the Southerly side of �! Roaomont Driva and proceeding Southerly twenty (20) foett thence turning and running Easterly forty Li1 (40) feotr thence turning and running Northerly bt twenty (20) feet, more or least thence running Southwostorly forty four (44) foot along the Southern edge of Rosemont Drive forty (40) feet to the point of beginning, X. A certain drainage easement labelled "Drainage Easement" described on Shoot 12, said easomont being located on + Parcel "801, Northerly of Rosemont Drive. Said easement f is bounded and described as follower commencing at a point on the Northerly side of Rosemont Drive, thence running.Northerly twenty five and 46/100 (25.46) foot to land owned now or a formerly of Real thence turning and running f ,7 S � ill I B98700 ' 269 Northeasterl twenty (28) feat along said land of l Root thence tuu and running Southeasterly twenty-five and 61 00 (25.61) toot to Rosemont privet thence Lurning.and running southwesterly twenty (20) feet to the paint of beginning. i. A certain drainage easement labelled "Drainage Eaetemente described on Shoat 14 located In the "open Space Area 13", so-called, immediateiy.Easterly of Wild Ross Drive, i and Northerly oC Holly Ridge Road. said easement is I bounded and described as toliowsi f Commencing at a point on the Northerly aide of Holly Ridge.Road, thence running Northerly twenty r . (20) toot radial to a points thence turning and running eantorly twenty (20) feat to a points ! thence turning and running Southerly twenty (20) to t-to a points thence turning and running Horthwestorly along -Holly Ridge Road along a radius with a length of twenty three and 11/100 (23.11) feet to the paint of beginning.' I' {. A certain drainage easement labelled "Drainage Easement* described on Shoat era located.partially on Lot 7 and partially In the Open Space, Area $2, immodiat*1y Southerly of Holly Ridge Road and Easterly of Wild Ross Drive, said sasoment is bounded and described as followai commencing at a point on the Southerly side of Holly itidgo Road, thence turning and running Southwesterly thirty (30) toot to a point? thence turning and running southeasterly eighty eight and 71/100 (a8.71} feet more or less along a radiust thence turning and running along Lot S Northeasterly thirty (30) feet to a points thence turning and running Northwesterly along Holly Ridge Raad.along a radiUa with a length of eighty. sig9ht and 71/100 (86.71) foot to the point of beginning. Ss A certain drainage easement labelled "Drainage Easement" described on Sheet Ma located on Lot a imasdiat#ly Northerly of wild'Rose Drive, said Oasemant is bounced Arid c4eaoribed as followsl Commencing at the point'on the Northerly side of Wild Rost Drive and turninngg and running Northeasterly sixty two and a7/100 (d2.{7) feet to tt a paints thincs turns and tunttinq 4outiteastexlr along open space areas twenty five and 110/100 Aouthwisteri feet t yforty�tva (t'M)e }rki ad feat,toa poin auMitq t thence turnsnq and rWML#q au" Mild Voss Drive to the point of boglinnir►q.. 1. '. �'i1{•:i; •'r.�'..' :�' A.�� •7: 't{,;, f•.}HI/�iv«i. I �. `;'i;wF'.•i�::,: I { ttt .e :,i t 270 � 4. A certain drainage easement labelled "Drainage Easaaent" described on Shoat 04, said sassmont being located in "open Space Araa #4", and is Easterly of Holly Ridge { Road. aeid asaeklont is bounded and described as followac commencing at a point on the Eaatorly side of Holly Ridge Road, thence turning and running Easterly S thirty four (34) feet to a points thence turning and gunning Northeasterly forty five (45) foot to a points thence turning and running westerly thirty four (34) feet to a point; thence turning and running Southwesterly forty eight (48) feet to the point of beginning, 4• A certain drainage easement labelled "Drainage Easement" described on Shoat 14, said easement being located in "Open Space Aroa 1311, and is Northerly of Holly Ridge Road. Said easement is bounded.and described as follows: commencing at the point on the Northerly side of Holly Ridge Road) thence turning and running Southwesterly fifteen (15) toot along Holly Ridge Road; thonca turning and running wostorly twenty five (25) foot to a point; thence turning and running Northeasterly twenty (20) foot to a pointf thence turning and running Easterly twenty five (25) feet to a pointf thenco turning and running Southwesterly along Holly Ridgo Road eight (8) feet more or loss to a pointf thence turning and running Southwesterly six and 96/100 (6.96) feet to the point of beginning. S. A certain drainage easement labelled "Drainage Easomont" described on Shoat #4, said sasamant being located in the "Opon Space Area 1311, ao-called and in Northerly of Holly Ridge Road, Said easement is bounded and i described as follows commencing at a point on the Northerly side of Holly Ridge Road; thence turning and running westerly twenty five (25) feat to a point; thence turning and running Northerly seventy two (72) feet to a pointf thence turning and running Easterly twenty five (25) foot to a pointf thence turning and running Southwesterly soventy two (72) feet along Holly Ridga Road to the point of beginning. E. A certain detention pond deacribod on Shoat 010, labelled as Detention Pond 11. Said pond is located on Lot 8, northerly of Rosemont Drive. I lisp I j w�.�., ... B K 8 7 d 8 l0. A certain drainage pond described on $heat 411, as Detention Pond 02. Said pond is located in "Open Space Area #I" and to located easterly of Wild RCae Drive and Northerly o.f Holly Ridge Road. Also with the further perpetual right and easement from tuna to 'time to pass and repass over, across and upon land at Grantor, as is reasonable and necessary in order to renew, replace, remove, add to, lnaintein, operate, patrol and otherwise change said "DRAINAGE SYSTEM„ and each and every part thereof, but not the general location thereof, and to Oaks such excavation or excavations as ma be reasonably necessary in the opinion at the Grantee, its successors and , assignal however said Grantee, its successors and assigns, further covenants and agrees that after any excavatioii or excavations permitted in this easement, it shall properly bookfill said excavation and restore the surface of the land to as reasonably qood condition as said surface was in immediately prior� to the excavatian or excavations thereof. For Grantor's title see doad from Alan D. solomont, Trustee, RES SARAH REALTY TAVOT, dated March 16, 196e recorded at Esaex North Registry of Deeds at Book 269I Page 10 and deed from Parthenon Development Group, loci to %In Services Corp. dated December 21, 1990 and recorded in the Essex North Rtgistry of !weds at Book Q Phga .! . IN WITNESS WHEREOF PARTHENON DEVELOPMENT GROUP, INC, through its duly authorized 'officer, and ELM SERVICE CRRP., through its dssLy authorized officer, have not its hand and sea-, this by at w ' . Ism Parthenon Development Group, Inc. mass Ry o J. an Pr sidsn k Treasurer elm service Corp. ,I �tnovs i rho lt Ab-Mrallak, j President ` R're.■urmr I comKoNWEAIlCM DP MASBACHustms Easax, ■o, APRI1201 lot$ Then personally appeared the above-named John J. Nolan, President and-Treasurer of Parthenon Development Group, In0, and srnaat A. Oralia, III Praeidtnt and Treasurer of S1sR : Mervios Corp. and aoknowied ed th foregoinq instrument to be the troo apt and dad oi a qo ration , before twe, i oCsniry lio, r. oaiwisrio> a�xppir i " - • Februezy ii, 1ili E DECLARATION OF COMMON SCHEME RESTRICTIONS The Covenants and Restrictions herein set forth shall apply and be appurtenant to the following lots of land owned by Elm Service Corporation, ("Elm") 200 North Main Street, fast Longmeadow, MA 01028: Lots 1 to 42 on a Plan of Land ( 19 pages) by Thomas E. Neve Associates, Inc. entitled "North Andover Estates" recorded in the Essex North District Registry of Deeds as Plan No. The following restrictions are to be applied in conjunction with all other restrictions as established by the Town of North Andover, Essex County and the Commonwealth of Massachusetts as they apply to subject lots. The restrictions are intended for the preservation of the value and amenities of the lots and are for the benefit of all lots and each owner thereof. 1. No Cut Lined Site Development Plans are included as Pages 6,7,8 &9 of the referenced Plan of Land. There shall be no cutting or construction on any lot beyond the grading lines shown on said plans. 2. Architectural Building Plans, A. Architectural style of the homes to be constructed on the lots shall be uniform in design and consistent with the 1991 Series by Toll Brothers, including the Greenwich, Dover, Philmont, Cornell and Belmont Series. No building or structure shall be constructed on any lot at variance with these plans unless and until complete plans, showing exterior design, height, building materials and color scheme have been submitted to and approved by Elm or its successor in title, B. No building or other structure shall be erected, placed or allowed to stand on any lot for any purpose other than for a residence for a single family or in connection with such a residence, nor shall a building or structure be used in whole or in part for carrying on any trade, commerce or profession. It is not meant hereby to prohibit use of the structures by its occupants as accessory office and work space in conjunction with a primary office and work location outside the home. Such use will be allowed only if no external evidence of such use exists. C. Out-buildings may include a garage for a maximum of three (3) cars, said garage may be attached to the house, a tool house, playhouse, greenhouse or similar structures. 1 3. Completion of Work: All work on any lot shall be completed within 12 months from the commencement of construction on the lot. 4. Miscellaneous Restrictions: A. No clothes lines shall be permitted in site of adjacent lots. B. No farm animal or fowl shall be maintained on any lot, other than a maximum of two domestic household pets, nor shall such pets be bred or maintained for purpose of resale. C. No exterior lighting shall be permitted of such intensity that would unreasonably disturb owners of other lots subject to these restrictions. D. No outside antennas or satellite dishes of any kind may be constructed without the prior written permission of Elm, or its successor in title. E. The following items may not be maintained in open storage: vehicles, boats campers, trailers, machinery, supplies or materials. No trailer homes or mobile homes shall be located on any lot herein. 5. Enforcement of Covenants: These Covenants are enforceable by Elm or any of its successors owner in title. Failure to enforce the Covenants shall in no way be deemed as a waiver of the rights included herewith. 6. Modification gr Tgrminatign of Restrictions: Elm and its nominee reserve the right to modify, amend, change or terminate any or all of the restrictions and covenants as herein contained, so long as the Trust still holds title to one lot in the subdivision. However, said amendment, change or termination shall not apply to lots already completed. 7. Easement to Enter Upon lots: Elm, its agents, servants, employees, successors and assigns shall have the right and easement at any time, before and after conveyance of said lots, during working hours, to enter upon same for the purpose of maintaining or improving of the ways, together with the right and easement to grade such lots in accordance with the requirement of the Town of North Andover. All of the foregoing may be accomplished without being guilty of trespass or in any way being answerable for damages. The right shall terminate three (3) years from the date of recording this instrument at the Essex North District Registry of Deeds. 8. Indemnification: Any person who violates or otherwise fails to comply with these covenants shall be liable to the person who seeks enforcement of the Covenants and Restrictions for all losses, costs and expenses (including attorney's fees) incurred by the party entitle to indemnification in connection with the enforcement of these Restrictions. Invalidation of any one of these Covenants by judgement or court order, I I I shall in no way affect any of the other provisions which shall remain in full force and effect. Witness my hand and seal this day of July, 1992. ELM SERVICE CORPORATION Ernest A. Gralia, III COMMONWEALTH OF MASSACHUSETTS ESSEX, ss July , 1992 Then personally appeared Ernest A. Gralia, III, Trustee, and acknowledged the foregoing instrument to he his free act and deed before me. I My Commission expires: ,..J .t:. .'.✓_ry ri„ Ire; COMOINT i `- .., � _;.C a•ti.�'- ,r,, iq fin.Y.�)•rI ...<s '. hsTy 7 19 � , North JUSr4nro r 6 KA t . KHOW ALL HER by these presents that the undersigned has submitted an application dated March , to the NORTH } ANDOVER PLANNING BOARD for approval a 17ef n t vs Plan of a C ;•.. subdivision of land entitled: • No rth Andover Farrhn< plan by: Trortas E. Neve Assocfates Inc. i f dated: Marc y . Fcviscd ,Tune n by; Elm . address:, North vain street E. (,on � land located: ott acstnut street { and showing proposed lots. The enders ! requested the Planning Board to a fined has ! , g approve such plan without requiring a performance bond. w i :i IN CONSIDERATION of said P fanning Board of NORTH ANi:OV£R, in W the ccunty of £SSEx approving said plan without requiring a iu performance .bond, the undersigned hereby covenants and agrees with the inhabitants of the town as follows: z 1. That the undersigned is the *owner 1n fee simple ' absolute of all the land included in the, subdivision and that there are no mortgages of record or otherwise �` on any land, except for those described below; and that- the present holders of said mortgages have assented to x a::.'.• this contract prior to its execution by the A I undersigned. .*If there 'is more than one owner; "all must sign. a 1. ' "Applicnt" stay be an owner or his agent of record 2 Must sign the covenant. Z. That the undersigned will not sell or convey any lot in the subdivision or erect or, place any ,permanent building on any lot until the construction of the ways 4' and installation of municipal services necessary to {' t adequately serve such lot has been completed in accordance with the covenants, conditions, agreements, :1+ terms and provisions as specified in the following: a. The Application for Approval of Definitive Plan r' t (Form C) . y� b. The Subdivision control Law and the -Planning �y Board's Rules and Regulations governing this '. oubd'iviston. 'p -r •r .�I.1��ws�.tiaN�.r.y.rY►-r^tir:rl ..Y•r.�n_f .. � I 93719 �cr. The Certificate of Approval and the conditions of approval specified therein, issued by the Planning Board, dated June 5, 1992 �. d, The Definitive Plan as approved and as qualified by Certificate of Approval. e. Other documents) specifically construction to be completed, namely, wr _ However, a mortgage who acquires title to the Mortgaged R; 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 f this covenant which provided 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, administrators, 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 foregoing • conditions upon the z::• recording of a certificate of performance executed by a majority of the Planning Board and enumerating the specific lots to be released. 5. That nothing herein shall be deemed to prohibit a conveyance by a single 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 Essex North County Registry of Deeds, forthwith, or to pay the necessary recording fees to the said Planning Board in the event the Planning Board shall record this agreement forthwith. Reference to this covenant shall be entered upon the Definitive subdivision Plan 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 covenants but not later than three .(3) years from the date of such dead, as provided in Section 81-U, Chapter 41, M.G.L. s of s I r , i f 77 c 90 t.. s. That this covenant shall be executed before endorseae Of .approval ,of .the .definitive plan b the nt Board and shall take effect upon the'by nt -of .,; approval. Said covenant shall expiry two years from the date of the endorsement of the detinitiv_e plan. F' 9. Upon final completion of the construction of Ways and ' installation of municipal services as specified har4ln, y:. i on or before Jul 7 , the Planning Board shall release th a covenant by an appro riata instrument, duly acknowledged. Failure to completo _ construction and installation within the time specified heroin or such later data as may be specified by vote Of the Planning Board with a written concurrence or the t applicant, shall result in automatic rescission of theapproval 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 ,I. 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 c ' time or from securing by one, or'in part by one and in part . by another of the methods described in H.G.L., Chapter 41, Section -81-U, as long as such security is :t sufficient in the opinion of the planning Board to i? secure performance of the construction and installation. _ For title to the pperty, deed from tom ' L 'AYH ro see _ dated VArch 16y198� recorded . '1 Pa a North g ds Bov • n 10 - Re istry of Dee , k 26 zcx '�• 1C�`�Qc7Ef3�2�x)c)C�YK.'Ct%9�Y�'[lh�fli`tt KXM The present holder of a mortgage upon the property is Shawmt Bank N.A. of Boston N c The mortgage is dated l47rch 16 1988 and recorded s.w in Essex North Pag 7 Reg atry of Deeds, Book o 8 }a _2366 + i f y x._ cx nor alx cXVXXcc.Vc0C0(MCCac0cycxx0CtMoracslconc, ceut�iffsubaoc S I;? +iC��Ytia<tt�sCccccc!cccx2ncglt;xx�tn��nrzt ;; +'_' J 'C?iuCC�CIsV �236i(�4Zfc:c,1.JxL,*VX.'CCiL(Y2iQQ Qtsli) UG�DI C ! Oi OUCH `w �-�i �R.Cbc)()cfiocypCk�ap( �. I f�. •i!�'dX:�.�(X1ChFLiL"CC�,gG��" JL�'fX}GC ''7' `EYL'tx(lt �iYSfSt"a�QCx?Y(K.`Ct '. fit" 1116uG7cL11tiC' 46Yfl2lJ�1 `�?C'�kK��Q03�?L�Sk"tl�"C QGaF�f S+jCXCQ71 (LL'C\`�tFL\7C QQR CpC)( ".4 '�;F. 7Cf4Y%t+Ta(�}COAA.�GQihS(lZ1CgA,VC�L is•� _ 3 of 5 ! .. " .z. fir,... A rS ` t7slRFedsu►t�o R J IN WITNESS WHEREOF we gave hereunto sat our hands and seals this t-" c of July „. , 19 92 owner het?on Dj2veto g up, Inc. oy do z .� ' ��• Mortgage kL K-O it ��`~� Acceptance by a Maj ty of hhe Planning Boa of COMMOHWEALT}{ OF MASSACHUSETTS Elm 19 L` Then personally appeared before me the a)ve named a President, ELn Sery emCoro and acknowledged thoregoing instrument to j be s_ free act and deed. :.. .. No �ry Publ c My Commission Expires: Z ! C ) COMMONWEALTH OF MASSACHUSETTS Essex ,ss July 19 92 Then personally appeared before me the above named John J. Noun President Parthenon ve I� i t Grew inc and acknowledged the foregoing nst� ruraunt to be its ^ free act and deed. N bl c My Commission Expirest 'l? '-1 1 t i i- 8 7 Or �i tea' • E^F +M a ,� COMMONWEALTH Or MASSACHUSETTS. '• .� •1•`� :J:�sy r`d�'.!-.+VIr. •�.. �... :.�i /: �•y.a;; .:I....�_.�'�.�yii;,S1+�:iSY r��::C:��'.`�.::'_:`:?=. " .. + ���^ ,1 7 —__ � �wir�1 r "C•' "J.,. :,. ii'.v,!/•�� 1. Yt l�VY11 Y�!��9• en persona ly +PPearsd before ze~ a IS •` • ?' th 'above`saasseve d' , t and acknowledged the foregoing 1 atrument to !Ices act and deed. o ary Fib ',G •},_ iu �� f 1t / f' .•fl :1'�s .1 v. J MY Commission Expires:— !a-r COMMONWEALTH OF MASSACHUSETTS t ree J ! > 'iY r 19 92 Then personally appeared before me the above named �- be and acknowledged the foregoing nst� rument to free act and deed, J' Notary Fubl c ' My Commission Expires: ei4e4��i'1 .f ay of 5 {�;i is! •• 1 / ,. -, -. _ �`s y--S f s•F L' _...,..__._--_--.�ti... . .-__.-.__��.___"»�_..�_.. �_�.._ _� ��_��•_w...,.r_� "_-�-..�.�� ..-ate...-.-..'�-� � • FORM I COVENANT J r 19 a?__- North Andover MA KNOW ALL MEN by these presents that the undersigned has submitted an application dated March 20, 1992 _, to the NORTH ANDOVER PLANNING BOARD for approval a Definitive Plan of a subdivision of land entitled: - North Andover Estates, ► plan by: Thomas E. Neve Associates Inc. + dated: March 20, 1992; Revised June w by: ► address: 200 North Main Street E. Longmadow, NA 01028r land located: off Chestnut street ►. and showing 42 proposed lots. The undersigned has requested the Planning Board to approve such plan without requiring a performance bond. IN CONSIDERATION of said Planning Board of NORTH ANDOVER, in the county of ESSEX approving said plan without requiring a performance bond, the undersigned hereby covenants and agrees with the inhabitants of the town as follows: 1. 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 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. "Applicant" may be an owner or his agent of record must sign the covenant. 2 . That the undersigned will not sell or convey any lot in the subdivision or erect or place any permanent building on any lot until the construction of the ways and installation of municipal services necessary to adequately serve such lot has been completed in accordance with the covenants, conditions, agreements, terms and provisions as specified in the following: a. The Application for Approval of Definitive Plan (Form C) . b. The Subdivision Control Law and the Planning Board' s Rules and Regulations governing this subdivision. 1 of 5 e i ce The Certificate of Approval and the conditions of 1 approval specified therein, issued by the Planning Board, dated June 5, 1992 d. The Definitive Plan as approved and as qualified by Certificate of Approval. e. other document(s) specifically construction to be completed, namely, n However, a mortgage 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 provided 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, administrators, 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 foregoing conditions upon the recording of a certificate of performance executed by a majority of the Planning Board and enumerating the specific lots to be released. 5. That nothing herein shall be deemed to prohibit a conveyance by a single 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 Essex North County Registry of Deeds, forthwith, or to pay the necessary recording fees to the said Planning Board in the event the Planning Board shall record this agreement forthwith. Reference to this covenant shall be entered upon the Definitive Subdivision Plan 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 covenant; but not later than three (3) years from the date of such deed, as provided in Section 81-U, Chapter 41, M.G. L. 2 of 5 8. 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. Said covenant shall' expire two years from the date of the endorsement of the definitive plan. 9. Upon final completion of the construction of ways and installation of municipal services as specified herein, on or before July 7, 19.97 , the Planning Board shall release this covenant by an appropriate instrument, duly acknowledged. Failure to complete construction 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 81-U, as long as such security is sufficient in the opinion of the planning Board to secure performance of the construction and installation. For title to the property, see deed from p p y, REB Sarah Realty Trust dated _March 16 1988 recorded in Essex North Registry of Deeds, Book 2693 , Page 20 The present holder of a mortgage upon the property is Shamnut Bank, N.A. of Boston, MA The mortgage is dated __March 16, 1988 and recorded in Essex North Registry of Deeds, Book 2366 , Page 187 3 of 5 i IN WITNESS WHEREOF we gave hereunto set our hands and seals this of July r 19 92 lm)ervic Co owner CRa h an velo ` G p, Inc. VL it, ---------------------- Mortgage Acc tance by a Majo ity of Abe Planning Boa ` of COMMONWEALTH OF MASSACHUSETTS Essex , SS July , 19 . g? Then personally appeared before me the ab ve named FrnestA__ G-11a III President, Elm Service Corp, and acknowledged the oregoing instrument to be its free act and deed. No ry Public My Commission Expires: COMMONWEALTH OF MASSACHUSETTS Essex r ss July , 19 92 Then personally appeared before me the above named John J. Nolan, President Parthenon Development Group, Inc, and acknowledged thejNa regoing instrument to be its free act and deed. y ublic My Commission Expires: 4 of 5 1 COMMONWEALTH OF MASSACHUSETTS• Essex ,Ss Jules, ,Tr 19 .q2_._ Then personally appeared before me the above named and acknowledged the foregoing instrument to be -r free act and deed. C77+6 W4 '% o ary Public my Commission Expires: COMMONWEALTH OF MASSACHUSETTS Essex , SS July 19 92 Then personally appeared before me the above named and acknowledged the foregoing instrument to be free act and deed. Notary Public my Commission Expires: 5 of 5 { i I I I` I, FORM M CONVEYANCE OF EASEMENTS AND UTILITIES Elm Service Corp. of 200 North Main St-r-eet -►'�^� me County , Massachusetts ; for the East Long adow, Hampden consideration of hereby grants , transfers and delivers unto the town of North Andover a Muni ci pal corporation in Esser County , the following : A. The perpetual rights and easements to construct , inspect , repair , remove , replace , operate and forever maintain ( 1 ) a sanitary sewer or sewers with any manholes , pipes , conduits and other appurtenan - ces , ( 2 ) pipes , conduits and their appurtenances for the conveyance of water , and ( 3) a covered surface and ground water drain or drains with any manholes , pipes , conduits and their appurtenances , and to do all other acts incidental to the foregoing , including the right to pass along and the whole of and over the land for the aforesa North Andover Estatesposes , in , through , and ' dated4/21/92 rev°d 6 26 92 said plan is made and said plan is incorporate ere� n for a complete and detailed description of said roads . B . The perpetual rights and easement to use for Igrpcs and egress the following parcel of land situated off _Chestnut Stree Street in said town of North Andover and bounded and described as follows : 1. Rosemont Drive 2. Wild Rose Drive 3. Holly Ridge Road (extension) The grantor warrants that the aforesaid easements are free and clear of all liens or encumbrances , that he ( it ) has good title to trans- fer the same , and that he will defend the same against claims of all persons , For grantor ' s title see deed from 1 90 �---- dated December 31 ar�d recor ed n Essex forth District Registry of Deeds , Book P age , XRXXAROROX%Rxktxkx kg>At ,xgxfxxlC� XIx Xc kxx xxxxxxxxxxxxxxxx�x�cRiWANIRAXAXIXxxxxxxxxxxxxx x �xix tx (xfx)t)dmxkmx(:kx�)M)7,Rxx> 3a(Rkxxxxxxxxxxxxxxxxv)4)ux=kx To be completed if a mortgaae exists : And Shawmut Bank N.A. of Bosthe present o er o a mortgage on the above escri e an , which mortgage De ate Book March 16 , 19 gg and recorded in said Deeds , page , for consideration paid , hereby releases unto the town forever from the operation of said mortgage , the rights and easements hereinabove granted and assents thereto . ( Pace 1 of 2 ) Authorized signature of Mortgagee weer IN WITNESS ' HEREOF we have hereunto set our hands and seals this day of __._...... July 1992 COMMONWEALTH OF MASSACHUSETTS sex , s s July , 1992 Then personally appeared the above name O� and acknowledged the foregoing to be free act and deed , before nee , v� ' P rfir >� Nota7r' `�u6 MY Cfommi/ si on Expires : ZI �'1 fti � NOTE : This conveyance is not effective until accepted by Town Meeting or the Board of Selectmen . ( Page 2 of 2 ) n 1 1 r i ry ry r� L_ C 1,4 1 � �- J 1-4 P1 I-- a F 3Q # ror J LOT ItEL,L. SR The undersignOdr bainq majority a ie rl l�xt th ncJ o tho TOWA 0f Nort.h Andover, MaSV4 hlk�eL�: , hdreby CCU Y a. and The reriui.rement a for t:he construction of WaYs uret{ cipal tminc ida dated vier-vices Coaled for the Ilerarmnca . bc�r'd or Y d ow i CO�i1E;Gd tt, 4 . eoll coin leLed/ the nati gfaction of the Plann ng Board to adogoately sorva the ehumerated tote shown on Plan snkitlOd " Shlaetr, plan dated ..�. ,� 1� � orded by the registry beods, Plan 540k .� 6 and said lets are heroa by released ram ��aa xesiwri.c iaz� as to sale and building sPecir e thoreon. Lots designated on raid Platt as fal,lawS: (Lot Number (s) and '%treet~(s) ) 1, ?, 31 4, 5 & I gild Rose Drive, b Hollyridge R06d, t $ o PM rwr be attesGcd by a Aegiot.ered LL+nd surveyor) herob�` ext, f-y t1lat lot nttobene (5) � �� rF a ow- I. 4.t�R t �a" 01 �?� 3Y 7 `tom Y,. ' Rio cnCorm t:ob as a;hat��� n� Uof n ti.�cz Pl�ri entitled ec� Registrered Land surveyor TnUDEL No.36869 �k LN b 2 I � - I Z$ .- � ?. T Uff 1 L IS S 'r s *3Hf41. I=— RL I=— W I 3 r ,7 AMPS f a. The TOWN of Forth At doVer, a mun14#pai CaxPaxat3Qri z#tuated In the County of Sgsex, Connonwealth of Mnssachusetts, acting by its duly organized Plavnni.ng hoard, holder of a llovformanao bond or Surety datOd �W� .. P 19 1-3-1 fin of the City/Fawn of County, Ma hto rccox( e w th at Deafa Kook - -+ LDoowfte a , or akad in Land )Registry DfR iet as n and noted on Certlfioute of Title No. �aknawlat�go gatisiactJoh of the Cana th*roof and hereby raAoases its right, title and Sntereat in tho lots do.signated on acid plan as �f'011pws: ZKE as a sealed instromont this _t ay o� , - r Hajority of the Planning Beard 3 of the Town of Nori,1) Andover COMMONWEIN 11 OF KA,tSACMSDrrTS wq it mh*,n personally appoaroa RICHneoA� one of the move membera of the Planning Board of the Town of North Andover, Maaak\chutotts and ackrjowledgod the foregoing ,instrument to Do the froe act and dood of o0id 1+lnnning Doard, before me, otary nu i 7A4 1, e W4-v My ammi�onxpa�'� 2of2 B 37 � 9 ' rOAH AT WT 1tSIiJIJItJ it The undeCsigncd, bring a majority of the Plnnning Doard oC tho f 71 Town of port1% Andover, �las�achu�cttc', hereby Certify that f11 Thr, r(,quiremontn for the construction of ways And munlctpal Gorvicas called for the performance Dond or Surety and datQd �. , •1 R �._i_ tt`tttl Art--ti d-t-r:d f"y ', nrf--rcc�rdcri -in—Distr.-:t tieuiia,--ucok °i� _ _ t—Yagir.loroa-in nd—itcgi-st�ry--'Distr lr_Lc --�z }, _..__-..-___ tatcd--orr- CertiwicaWa -o: d Titit NO. �g4rrtK tTt�ar1 �3oC han bccn conpletee , to tho r•ati,.faetion of the Planning Board to mkquately enrvo the enumerated lots oyown on Plan entitled " J�CY3j-La x.- Shcetr Plan dated— _�� , 19 S,�2, recorded by the >zegtctry or Dcedu, Plan book to1Z, or-- at-c►ri _ k '--' am and said lots art hereby roioased from .La restriction a9 to snle and building spccifiod Wj thorcon, W Lots dcalgno,ted on said Plan as ,followsl (Lot Nunbtr (t) dnd w 1, 2, 7, 4, b & J Wild Rose Drive, b Hollyrfdge Road. .. 9. 9. 1 1 34, 354 1 k Jul 1 1 Tr- -47 aSI;M T J(To be attooted by a ftogiaLorod lAnd surveyor) �M tLoreh certify that lot 71t1Rlbor (".) t�xeI'd rrR WNL wW D,1w8Q cif t ►y�i Q RJ+v P f. 3YUtn S o o c do conform to layout aL chown va Plan entitled " sa�i�-- shcotcs) tom,_• � ', Aeyiatere•d Land Survey0r t i k €€ �'� `1. Y .1i''.. - '.1• \SY'+11 �' •y1AM F'yVZI� •!•�: ... 1. 1� �� • ,1 {L 5 �. 1•r di 1 .t.�,�. ..`,'aC ,.,�:,♦i,.:�.►�y.� ,g4 C The Towts of North Andovgr, a inunlairwl •oorparatian situated t 1 1 In the 'County oC Essex, Commonwealth 'oc Ha86Achugtt., 1:~ 'acting by itd duly organized Planning Board, holder of a Performance Bond or Surety dated A���� ' L of t a city/x'own or the County, Ma .,Q to fecozda x th v c"T t Dacds, naak ', Documan'r� o ered . in Land Raqistry Dis—Er ta f , and noted. on CcrtifieDte of Titlo No, acknowlecfgea catisldction Of the tn�ms ttiereOt end t�Qreby , zoleaaas its right, titla and intaroat in the daa.lgnatnd on said Plan cis (follows: lots 11 i 1 3 `{ X+ 7 w 1 L.VrL-.nt v y , , £ c. wY 4?Iac t szp4a, fir, 9 10! v 0— a healed instrument this day of t�1f^__!gG 19 q Majority of tho l Planning Board, a �! i '� •. ., , �l~-ter + of the xtiwn of .'I { North Alidover �! ;., COMMOnULTH OF KA-gSACSVSB'iTS 9-3 S Thom peraonz,lly oppoared RKC r.:. members of the Planning UohT uri oC Borth one OC the Andovor� ' ?: , Nassachurel'ta and Acknowledged the COrogoinq instrumont to bo the frco act and deed at acid Planning Doard, .bcforo mo, r .t. otary Pu C 3AlVe7 L. q7 j ?iy �9,5;Jikp 1•'�'� 5i� l ' �v A f r . r FORM J LOT " ,S The undersignCd, bejng a maJor�,t�' of the Planning Board Town of North A�dave,. 1�tassaahuyett;, hereby certify thata of the a . se requ�.remGnts for the ConstzUction of ways and mua�ic 3 errch 2, called for the performanC8 Bond or surety ari�i da d March Z, Dads—�I nk.--- -.. - a �- �.._-..-�- r p -------------- ---- '�'�•��--I�c�;----.._______________.._�_�Y�d._`n�'�"-gn 'up---------------�- hasn- e�-i-stra4r�-`Bask-_______...__f the satiS aotion of the en aom Ieted/partM.�caly CompZ pc". � the enumeratred to Planning Board to ade uat ' Estates t9 shown on plan entitled to North And ver serve Plan, dated �`�'t�'v�•�9��---�______•-_Essex North recorded by the---.. � of D6edS, Plan 4Iae1k ----------ply------------- e�J -mot, Bx t CtM',== fah re -�97 , from the restx'�.ct j,on an to sale I is are hereby lea thereon, n alld bulxding s peci,f'ied Lots designated on said Plan az follows: (Lot Number s street(s) ) ( ) and Rosemont Drive; 12, 13, 14, 15, 16, 17, 18, 19, 2p, 21, 22, 23, [4, -------._ 25 2 31 32 b. (To be attested b , Y a �tegist�e ed sand Surveyor I heroy certify that. lot number s 12; 21s 14� 23$ 24' 17, .18, 19, on Rosemont Drive ( ) , , 25, 25, 27 do c vnf"orsn to Zaydut as sha;vt� on Definitive pl�en t.let(rs) Forth Andover Estates --�.__ sheet✓{ ) 1 - 1� to ALBFiT �feg�.stere and StYr'veyQr TRUDEL No. 3U69 o 2 - - / - ".----."-- i r ' c. The ` own Of North Andover, A municipal corporation situated iA the Cotinty of Essex? C'ommonweal.th of Massachusetts, acting by its duly organized Pl.ann,ing goard holder of a Performance Bond or Surety dated March 1- ► ---- --- ► 19 93 --- --- r - - -- ..,..__-__ef- ---_-------- e--------- ---------- - sec �cl--wit�r - iz�critl• s7-- av1C------ -- - irr�rnytec3--ors-- '► • �oer��-•N4:--__-�-------grid- trt3-f-i ca't-e-o-r-4.vit-I.-�-No-. _►_.. n-_� -�s 'i'�2oi7'- 3t7Gkr------- acknowledges sat�.sfact�can o the �" ``'�-fie__-____.,._ releases its ' Qghtr � QW6 ' And Interest� n �� hereby p eby designated on said plan as follow;: he lots Rosemont Drive: #12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 34, 25, 26, 27, 28, 29, 30, 31 , 32 EXECUTED as a sealed instrument this 8th day of October 19 9 3 ,r _..- r r Majority of the Planning Board —�--- Of the Town of North Andover COHMORWBALTU OF MA;SACH U'SIT` .S S$ ---October 8 , r 19 93 Then Personally appeared rdella members of the Planning Board of the ► one of the above Massachusetts and acknawledged the foregoi gninstrument tonbev�he free aot and deed of said Manning Soard, before me. tow F ,;ry ;;. Natdry publi �� `L= "�"�f•- 5 ,t- y'` My CMMUSfon EWPH Am� A�BERT T. •im TRUDEL ry y My COMMIS51on Exp Tr�.s p�aN�C LAthD`'�Y"a 2 of 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 19 '2, -/4ar _.by.the--=-Covrnant dat--ed ------and-----r--ec-orded----in—_aistrict Deeds-,----- .,--Page-__ .._ _ - ___ - ._or -regi-stered _in. Land-.• Registry.—District--- as DQeun . and-- noted- --on Certif-irate ---of Tit-3.-e.--NG . in Regip rat Lon - Page has been completed/partially completed, to the satisfaction of the Planning Board to adequately serve the enumerated lots shown on Plan entitled " 1\)aj l I1 Sheets .Plan dated - ?,•�L z , 19 C �recorded by the <� f "- _ .1-N Registry of Deeds, Plan Bo4a3c !L ar_.—r g�shred in--sa-i-d---La-nd--Registry-- Distr-i.ct,----Plan--Hook 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) ) b. (To be attested by a Registered Land Surveyor) I herebycertify tha lot number (s) •� 7 on ?i.S.d: ,�tiCv1. Y 1�1 Street (s) do conform to layout as shown on Definitive Plan entitled �� 1\(� , �1 }.i •f�l.�u`{ 1�sE S Seeon----- Sheet (s) ) _ ca, 'AL Registered Land Surveyor of �QssYr ALBERT T. l o TRUUEL N a No. asass a �fGISTF.R�d�QJ�`� 1 of 2 NA[ LAtJp 6 c . The Town of North Andover, a municipal corporation situated in the County of Ess.ex, Commonwealth of Massachusetts, acting by its duly organized Planning Board, holder of a Performance Bond or Surety dated _ r, , 19 anr Ge enact -d�a e of the City/Town o County, �chusetts recorded with the .--BisItrict Deeds, Book , Page or registered in Land Registry District as Document No.- - and noted on Certificate of Title No . in -Page------ acknowledges satisfaction of the terms thereof and hereby releases its right, title and interest in the lots designated on said plan as follows ; z EXEC[7'I`ED as a sealed instrument this day of 3EP7EM/ lZ 19 Majority of the . Planning Board of the Town of s' North Andover COMMONWEALTH OF MASSACHUSETTS Esserx ss S..Qp7 . is 199,3 Then personally appeared R(CI WM A , WAkbi5U-4 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 . otary Public SArI►�7 L. �4TZ7n� My Commission Expires 2 of 2 llllll 4? , �'s s•a JB4 .. V. �.�7;_g��' ram... -!-!:%,:'3 'r•'���•�•'• ' tt2 t�Rie.t ,„.,..=ram ...,•....�:Fti.l•+,:�'. ! r'� SEWER CONNE MT HUNNINC: tan .r:' .'. f !: �-+�:t• .. f�tt• � LL. �'� itt'� �C.! .ICE „y'+.1!: :ry-Y.?t' �,F v . .'KNOW ALL MEN' BY THESE PRE3ENT5 THAT, - ,,{ '`� V WHEREAS Elm Service Corp,, a Massachusetts corporation, } ; q ylp �o_7T� , {hereinafter "Elm") having its principal place of business at 200 of North Main Street, East Longmeadow, MA has purchased from John F. S� McGarry, Trustee of ZMC Trust, hereinafter (hereinafter "ZMC',) Lot r 8 ("Lot 8T) Holly Ridge Subdivision, North Andover, Essex County, 1n Massachusetts, shown on plan of land recorded with Essex North ( {i' District Registry of Deeds as Plan Number 10567, and WHEREAS ZMC is the record owner of the sewer lift station located et Lot 2, Holly Ridge Subdivision, North Andover, Massachusetts, pipes, manholes, and conduits r f " collective) the 'e (hereinafter in land • �.;t: Y private sewer system ) located through, in and ci{f; under the fee in the private ways•and•sewer and utility easements of said Holly Ridge Subdivision and the said ZMC is also the holder of certain easements, and •Fi:i�.� .� 4 � . ,•C�r�� V � / WHEREAS Elm is developing a forty two (42) lot subdivision v4 CJ /� adjacent to the Holly ' Ridge Subdivision, North Andover tWj >Y ,1 Massachusetts known.as the "North Andover Estates Subdivision" and i1 shown on North Essex District Registry of Deeds Plan Number 12097" ,p and lam'-•"—' ;�i WHEREAS, Elm wishes to have access from its property line to the private sewer system owned by ZMC which connects to the Town 4�7 4 of North Andover sewer system on Johnson Street for the purpose of connecting thereto the lots of the North Andover Estates i Subdivision, together with an 7 residential lots located onPropertyddadjacenti twenty-one (ai thereto, to said Private sewer system; NOW THEREFORE THIS AGREEMENT WITNESSETH, w r That in consideration of the payment to ZMC of Two Hundred �..� ,rZEighteen Thousand ($218,000.00) Dollars, the receipt and �1ct� sufficiency of which is hereby acknowledged, and ZMc, or its successors and assigns providing such access to Elm for sixty three (63) lots to said private sewer system by its assignment of a non- ✓ ;, 1J/1✓ ,, exclusive right of access to said private sewer system, Elm hereby {;. places the following restrictions on the forty two (42) lot }' $ subdivision known as North Andover Estates Subdivision shown on 7 -i North Essex District Registry of Deeds Plan Number 12097, which shall constitute a covenant running with said lots; a # /- 1. That this#; agreement shall be bindingupon the executors,administrators, devisees, heirs, successors and assigns Q� �(03 of ZMC and runs to the benefit of ZMC and its assigns and t successors in title, Should ZMC assign its ownership ¢ Q 'k rights to the sewer lift station or the private sewer system, it shall place on record at the Essex Registry Deeds for the Northern District a document assigning2211 !~'`• �..: Pt� 6 =7 � I° � 7 Y el 141 � � � �� 31 rx kip. .. � _ "w��Fi� -cY..F<. ._1• A .5 9 4 li s+ '•• its obligations hereunder which by its terms obligates 87 fc. 'its assignee to assume the obligations contained heroin, No such assignment'of rights shall be legally enforceable } unless and until such assumption agreement is executed i' by the assignee.and recorded at the Essex North Registry of Deeds. 2. That this agreement shall be binding upon the executors, administrators, devisees, heirs, successors and assigns and successors in title to Elm. .3. That Elm and each of its successors in title and assigns t of all lots stated herein and all other lots connected to said private sewer system shall $150.00 per lot Y pay a user Lee of p per year or the pro-rata share or the y• actual maintenance and operation costs per lot per year, whichevgr is greater,---for the--use of the ZMC private Y' sewer system, to be billed twice a year by ZMC and payable within fifteen (15) days of the date of the bill. iA. Only, individual homes which have been ' into said system as of the data of billing physically shall tied subject to the user fees as sot forth herein. As E1;n conveys lots to third parties it shall have no further obligation to ZMC relative to prospective user fees which have been billed after the closing, except for those Gx1 charges that are outstanding or that have accrued but are not yet payable, 4. That no other development of the above described lots fir_• . shall be made other than that required to service one single family residence together with any other accessory . buildings allowed as a matter of right under t he "� applicable zoning ordinances on each lot. The sewer is to be used only for sewer and tap water discharge and shall not be used for ground water, swimming pool wafer, . storm water, hazardous waste or chemical dumping, or any ;. ,. matter which might adversely affect the sewer lift station. That Elm shall notify ZMC by certified mail, return receipt requested sent to the address listed on the bills for the sewer system use of the names of its assigns --within five. (5) business days of transfer of title. 6. The annual usage charge shall constitute- a lien against ss .,.. each 'individual lot, which shall be released by a recordable Certificate of Payment issued by ZMC, its successor and assigns or dui a receipt of payment of all amounts due�nted agent` upon 7. This Agreement shall terminate upon the assignment or a other transfer of ownership of the private sewer system gr,'... by ZMC to the private sewer system to the Town of North Andover. Notwithstanding anything to the contrary -.. contained in this paragraph, nothing herein \shall he 2 construed sa as to terminate the rights of Elm to tie into said lift station and private sewer system for sixty-three (61) Lots which tie in shall be unconditional } and without any additional obligation whatsoever. $. ZMC irrevocably as to Elm, its successors and assigns a non-exclusive right of access to connect to the Private sewer system for the tie in of sixty-three (63) residential lots, 9. The said McGarry certifies that he is the solo Trustee, that the Trust is still in full force and Affect and that it has not been amended, altered or revoked and that he has been directed by one (100%) Hundred Percent of the Holders of the Beneficial -Interest in said Trust to execute this document. END OF PACE THREE THE REST OF THIS PACE HAS BEEN INTENTIONALLY LEFT BLANK i .H.•_ •, ;Y� ... � .. _ ... - Bic a � .• '. - ..,i , ••]' 4 Y r, `' �r�',%ti {{ •. Y. ].*�.?'4a'T].r.• -.'�a:,... ��Y w-- v1'+G�+t4.,; "•: "Fl...f• .A�• ..�?:"+•.,,..i��•:•. {...s`.+. .c'A �z"�'•i-'pia i4x'. a' ff `• IN WITNESS WHEREOF-, the undersigned does hereunto set his hand and seal this llth day of November, 1992. ZHC Trus / • BY: J n cGar y, T stee l r _ Elm v a Cor Ernest Gralia, III President and Treasurer COMMONWEALTH OF MASSACHUSETTS Then personally appeared the above-named , Ernest Gralia President and Treasurer, and acknowle qed that the foregoing is the free act and deed of Elm service Co November 11, 1192 �•-�""`� QIA. James, Jr., tary Public My commission expires: ;. � 2/22/97 COMMONWEALTH OF MASSACHUSETTS r r Then personally appeared the above-named John F. McGarry, Trustee of the 2MC Realty Trust, and swore that the foregoing is the free act and deed of the Trust. y November ll, 1992 1 64 Phi IiJp F. Sullivan, Notary Public f My Commission Expires - .i 11/15/96 - t- P.� r e Y _ wrF J I� QUITCI.tl1'UDRED MA LIMITED LAND CORPORATION,a Massachusetts Corporation with it pzinoipal place of business of 1800 West park Drivo,Westborough,Massachusetts,in consideration of less L/ than One Hundred Dollars($100.00),the receipt of which is hereby acknowledged, ±e--Gon$er t ate-Gamma sad a grant to THE TOWN OF NORTH ANDOVER,-ofMain Street,N.Andover,Massachusetts, WITH,H,QUITCLAIM COVENANTS, SAY 17'9O pa-50 E the land described a:s Open Space Areas#1,2,3,and 4 on a plan consisting ofrdneteen(19) sheets entitled"North Andover Estates"Owner and Applicant;Elm Services Corporation,drawn by Thomas E.Neve Associates,Inc.Dated April 21, 1992,revised to June 26, 1992,and a.. recorded In the Essex Northern District Registry of Deeds as Tian 412097, Said land is more pardpularly described as follows; Open Space Area#I consisting of 380,896 square feet,more or less. Open Space Area 02 consisting of 14,883 square feet,more or less, ©� Open Space Area#3 consisting of 210,238 square feet,more or less, � Open Space Area#4 consisting of 353,988 square feet,more or lass. C? � Subject to restrictions,covenants,and casements of record which may be in effect and all d easements as shown on said flan, For Grantor's title see deed from Elm Service Corp.dated August 11,1994 recorded in said Registry of Deeds in Hook 4107,Page 219. Uls conveyance is a sale in the ordinary course of business of the Grantor and is not a sale of all or substantially all 2 of the assets of such C h-antor. No title examination performed.No title examination performed, z Property Address:Open Space as shown on flan 012097,North Andover. Executed as a scaled instrument this day of 1999. ®, G�' a MA LI TED LAND CORPORATI Gregtory ell er,Assistant Vice President Commonwealth of Massachusetts County of Middlesex,ss; Then personally appeared before me the above Gregory Kelleher,Assistant Viwe President of MA LIMITED LAND CORPORATION,dul authorized and acknowledged the foregoing instrument to be his free act and deed on behalf of suid corporation,before me this, day of , 1999. N AM ANo �ub la My commission expires: • ar s FiY F1l�ti' i QUITCLAIMDEED MA LIMITED LAND CORPORATION, a Massachusetts Corporation with a principal place of business of 1800 West Park Drive, Westborough, Massachusetts, in consideration of less than One Hundred Dollars ($100.00),the receipt of which is hereby acknowledged, f]� IThe Conservation Commission of /J✓✓/ V grant to THE TOWN OF NORTH ANDOVER, of Main Street,N. Andover, Massachusetts, WITH QUITCLAIM COVENANTS, Y 17, PH3: 50 the land described as Open Space Areas #1, 2, 3, and 4 on a plan consisting of nineteen (19) sheets entitled "North Andover Estates" Owner and Applicant: Elm Services Corporation, drawn by Thomas E. Neve Associates, Inc. Dated April 21, 1992, revised to June 26, 1992, and recorded in the Essex Northern District Registry of Deeds as Plan#12097. ri Said land is more particularly described as follows: Open Space Area#1 consisting of 380,896 square feet, more or less. Open Space Area#2 consisting of 14, 883 square feet, more or less. Open Space Area#3 consisting of 210,238 square feet, more or less. Open Space Area#4 consisting of 353,998 square feet, more or less. Subject to restrictions, covenants, and easements of record which may be in effect and all yr easements as shown on said Plan. For Grantor's title see deed from Elm Service Corp, dated August 11, 1994 recorded in said Registry of Deeds in Book 4107, Page 219. This conveyance is c-� a sale in the ordinary course of business of the Grantor and is not a sale of all or substantially all of the assets of such Grantor. No title examination performed.No title examination performed. Property Address: Open Space as shown on Plan 412097,North Andover. Executed as a sealed instrument this f day of 1999. MA LIMITED LAND CORPORATI N, 711 By. Greg ory ell er, Assistant Vice President Commonwealth of Massachusetts County of Middlesex, ss: Then personally appeared before me the above Gre gory Kelleher, Assistant Vice President of MA LIMITED LAND CORPORATION, dul authorized and acknowledged the foregoing instrument to be his free act and deed on behalf of said corporation, before me this ft� day,gf 0 , 1999. Na tar ublic My commission expires: 3 a 4-L' r •* . � . 1/0w V S o i Any P%3 f� kfi It411ii� "�l�' ti QUITCLAIM DEED MA LIMITED LAND CORPORATION, a Massachusetts Corporation with a principal place of business of 1800 West Park Drive, Westborough, Massachusetts, in consideration of less than One Hundred Dollars ($100.00), the receipt of which is hereby acknowledged, The Conservation Commission of ✓✓✓ grant to THE TOWN OF NORTH ANDOVER, of Main Street, N. Andover, Massachusetts, WITH QUITCLAIM COVENANTS, , 17 „ the land described as Open Space Areas 91, 2, 3, and 4 on a plan consisting of nineteen (19) sheets entitled "North Andover Estates" Owner and Applicant: Elm Services Corporation, drawn by Thomas E.Neve Associates, Inc, Dated April 21, 1992, revised to June 26, 1992, and t recorded in the Essex Northern District Registry of Deeds as Plan#12097, Lr' Said land is more particularly described as follows: Open Space Area#1 consisting of 380,896 square feet, more or less, 41 Open Space Area#2 consisting of 14, 883 square feet, more or less. �.M c� Open Space Area#3 consisting of 210,238 square feet, more or less, Open Space Area 44 consisting of 353,988 square feet, more or less. J 1a Subject to restrictions, covenants, and easements of record which may be in effect and all pl easements as shown on said Plan. For Grantor's title see deed from Elm Service Corp. dated August 11, 1994 recorded in said Registry of Deeds in Book 4107, Page 219. This conveyance is a sale in the ordinary course of business of the Grantor and is not a sale of all or substantially all of the assets of such Grantor. No title examination performed. No title examination performed. Property Address: Open Space as shown on Plan#12097, North Andover, Executed as a scaled instrument this 0day of 1999, MA LI1I ITED LAND CORPORATI N, Gregiory ell er, Assistant Vice President Commonwealth of Massachusetts County of Middlesex, ss: Then personally appeared before me the above Gre gory Kelleher, Assistant Vice President of MA LIMITED LAND CORPORATION, dul authorized and acknowledged the ,I foregoin instrument to be his free act and deed on behalf of said corporation, before me this day of Dr4obp 1999. entituuE�rykrr Cd Nota ublic �,a ��;• s_ My commission expires: r ♦W� J y,shys"+ r�RY pV0 `�rr�uutri 4 GRANT OF WAY ROSEMONT DRIVE NORTH ANDOVER MASSACHUSETTS MA LIMITED LAND CORPORATION, a Massachusetts Corporation with a principal place of business of 1800 West Park Drive, Westborough, Massachusetts, owner of a way known as Rosemont Drive in the Town of North Andover, Essex County, Massachusetts, as shown on a / certain Plan recorded in the Essex North District Registry of Deeds as Plan#12097, in (/ consideration of less than One Hundred Dollars ($100.00), the receipt of which is hereby acknowledged, grant to the INHABITANTS OF THE TOWN OF NORTH ANDOVER, of Main Street, N. Andover, Massachusetts, WITH QUITCLAIM COVENANTS, all of its right title and interest in and to the way known as Rosemont Drive, in the Town of North Andover, Essex County, Massachusetts, being more particularly described as follows: {, The roadway shown as Rosemont Drive on a plan consisting of nineteen (19) sheets to entitled "North Andover Estates" Owner and Applicant: Elm Services Corporation, drawn r� by Thomas E. Ncve Associates, Inc, Dated April 21, 1992, revised to .Tune 26, 1992, and recorded in the Essex Northern District Registry of Deeds as Plan##12097. Subject to restrictions, covenants, and easements of record which may be in effect. For Grantor's title see deed from Elm Service Corp, dated August 11, 1994 recorded in said Registry of y Deeds in Book 4107, Page 219. This conveyance is a sale in the ordinary course of business of the Grantor and is not a sale of all or substantially all of the assets of such Grantor. No title examination performed. Property Address: Rosemont Drive,North Andover. ' 17 0 ;PHu:q9 Executed as a sealed instrument this day of Or'p� , 1999. MA LIMITED LAND CORPORATION, By; AK Gregory e eher, Assistant Vice President Commonwealth of Massachusetts County of Middlesex, ss: Then personally appeared before me the above Greg ory Kelleher, Assistant Vice President of MA LIMITED LAND CORPORATION, duly uthorized and acknowledged the �^ forego' ins t ment to be his free act and dee on behalf of said corporation, before me this day of G , 1999. Hsu+ Not ublic A,i My commission expires: — %� TRY PUS I y o J i a GRANT OF WAY ', WILD ROSE DRIVE, NORTH ANDOVER MASSACHUSETTS MA LIMITED LAND CORPORATION, a Massachusetts Corporation with a principal place of business of 1800 West Park Drive, Westborough, Massachusetts, owner of a way known as Wild Rose Drive in the Town of North Andover, Essex County, Massachusetts, as shown on a certain Plan recorded in the Essex North District Registry of Deeds as Plan #12097, in 1 consideration of less than One Hundred Dollars ($100.00), the receipt of which is hereby :. acknowledged, r? grant to the INHABITANTS OF THE TOWN OF NORTH ANDOVER, of Main Street, N. Andover, Massachusetts, WITH QUITCLAIM COVENANTS, all of its right title and interest in and to the way known as Wild Rose Drive, in the Town of North Andover, Essex County, Massachusetts, being more particularly described as follows: !�: c' The roadway shown as Wild Rose Drive on a plan consisting of nineteen (19) sheets entitled "North Andover Estates" Owner and Applicant: Elm Services Corporation, drawn by Thomas E. Neve Associates, Inc, Dated April 21, 1992, revised to June 26, 1992, and recorded in the Essex Northern District Registry of Deeds as Plan#12097. Subject to restrictions, covenants, and easements of record which may be in effect. For Grantor's title see deed from Elm Service Corp. dated August 1.1, 1994 recorded in said Registry of Deeds in Book 4107, Page 219. This conveyance is a sale in the ordinary course.of business of the Grantor and is not a sale of all or substantially all of the assets of such Grantor. No title :7 examination performed. JProperty Address: Wild Rose Drive,North Andover. Executed as a sealed instrument this day of f Jti ) 1999. n �'°t: ���` '` MA LIMITED LAND CORPORATION, ,L1, Gregfory , elrer, Assistant Vice President Commonwealth of Massachusetts County of Middlesex, ss: Then personally appeared before me the above named Gregory Kelleher, Assistant Vice President of MA LIMITED LAND CORPORATION, duly authorized and acknowledged the foregoing in. trument to be his free act and deed n behalf of said co oration, before me ii day of , 1999. o W,' • Notary blic a My commission expires: RY P& LA i P GRANT OF WAY HOLLY RIDGE ROAD NORTH ANDOVER MASSACHUSETTS MA LIMITED LAND CORPORATION, a Massachusetts Corporation with a principal o place of business of 1800 West Park Drive, Westborough, Massachusetts, owner of a way known as Holly Ridge Road in the Town of North Andover, Essex County, Massachusetts, as shown on a certain Plan recorded in the Essex North District Registry of Deeds as Plan#12097, in consideration of less than One Hundred Dollars {$100.00), the receipt of which is hereby acknowledged, grant to the INHABITANTS OF THE TOWN OF NORTH ANDOVER, of Main Street,N. —� Andover, Massachusetts, WITH QUITCLAIM COVENANTS, all of its right title and interest in and to the way known as Holly Ridge Road, in the Town of North Andover, Essex County, Massachusetts, being more particularly described as follows: .�. The roadway shown as Holly Ridge Road on a plan consisting of nineteen (19) sheets AL entitled "North Andover Estates" Owner and Applicant: Elm Services Corporation, drawn by Thomas E. Neve Associates, Inc. Dated April 21, 1992, revised to June 26, 1992, and recorded in the Essex Northern District Registry of Deeds as Plan#12097. =_ Subject to restrictions, covenants, and easements of record which may be in effect. For 7, Grantor's title see deed from Elm Service Corp, dated August 11, 1994 recorded in said Registry of Deeds in Book 4107, Page 219. This conveyance is a sale in the ordinary course of business of the T Grantor and is not a sale of all or substantially all of the assets of such Grantor. No title examination performed. IM In'0 I V-0 P 3:49 Property Address: Holly Ridge Road,North Andover. ' Executed as a sealed instrument thisl day of 1999. MA LIMITED LAND CORPO TION, By: gjory. e her, Assistant Vice President Commonwealth of Massachusetts County of Middlesex, ss: Then personally appeared before me the above named Gregory Kelleher, Assistant Vice President of MA LIMITED LAND CORPORATION, duly authorized and acknowledged the foregoing instrument to be his free act and deed on behalf of said corporation, before me t day of 1999. Tc; bg 4��- &otary Mblic My commission expires: aH 1fill / I 1 GRANT OF WAY f/ RIDGE WAY_,NORTH ANDOVER MASSACHUSETTS NIA LIMITED LAND CORPORATION, a Massachusetts Corporation with a principal place of business of 1800 West Park Drive, Westborough, Massachusetts, and KENSINGTON WOODS LIMITED PARTNERSHIP, by and through its General Partner, FRANKLIN FARMS G.P. INC. a Delaware corporation duly qualified to do business in the Commonwealth of Massachusetts, with a usual place of business at 1800 West Park Drive, Westborough, Massachusetts, owners of a way known as Ridge Way in the Town of North Andover, Essex County, Massachusetts, as shown on two certain Plans recorded in the Essex North District Registry of Deeds as Plan#12097 and Plan #12248, in consideration of less than One Hundred Dollars ($100.00), the receipt of which is hereby —� acknowledged, grant to the INHABITANTS OF THE TOWN OF NORTH ANDOVER, of Main Street, N. ��. Andover, Massachusetts, ,7 WITH QUITCLAIM COVENANTS, all of its right title and interest in and to the way known as Ridge Way, in the Town of North Andover, Essen County, Massachusetts, being more particularly described as follows: The roadway shown as Ridge Way on two certain Plans, the first Plan consisting of nineteen (19) sheets entitled "North Andover Estates" Owner and Applicant. Elm Services Corporation, drawn by Thomas E. Neve Associates, Inc. Dated April 21, 1992, revised to June 26, 1992, and recorded in the Essex Northern District Registry of Deeds as Plan 12097, `� the second plan consisting of eight (8) sheets entitled "North Andover Heights" Applicant: Wild Rose Realty Trust, Record Owner: Cyr Associates,drawn by Christensen & Sergi, -' Professional Land Surveyors, Dated November 11, 1992, last revised 2/15/93, and recorded in the Essex Northern District Registry of Deeds as Plan#12248. 0 0 ; ; +5 J Subject to restrictions, covenants, and easements of record which may be in effect: For Grantors' title see deeds from Elm Service Corp. dated August 11, 1994 recorded in said Registry of Deeds in Book 4107, Page 219. See also deed from John J. Nolan, Trustee of Wild Rose Realty Trust dated June 22, 1993 and recorded in said Registry of Deeds in Book 3763, Page 69. This conveyance is a sale in the ordinary course of businesses of the Grantors and is not a sale of all or substantially all of the assets of such Grantors. No title examination performed. Property Address: Ridge Way, North Andover. Executed as a sealed instrument this day of�ci 999. MA LIMIT LAND CORPORATIO ,f y: B Gr ory i lehe , Assistant Vice President KENSINGTON WOODS LIMITED PARTNERSHIP, by and through its General Partner, FRANKLIN FARMS G.P. INC., Greigoty' e eher, Assistant Vice President Commonwealth of Massachusetts County of Middlesex, ss: Thenn personally appeared before me the above named Greg ory Kelleher, Assistant Vice President of MA LIMITED LAND CORPORATION, duly authorized and acknowledged the foregoing instrurpent to be his free act and deed on behalf of said corporation, before me this414 1999. �y �°e �,�Q- ' Not ublic { t r My commission expires: Commonwealth of Massachusetts County of Middlesex, ss: Then personally appeared before me the above named Gregory Kelleher, Assistant Vice President of FRANKLIN FARMS G.P. INC, as general partner of KENSINGTON WOODS LIMITED PARTNERSHIP, duly authorized and acknowledged foregoiW instrument to be his free act and deed on behalf of said corporation, efore me this ay of , 1999. My commission expires. • yJa$v`G i,}+ ,9 84 04/06 '00 14:46 [D:TWOMEY-CANNON-CILWELL FAX:508-470-0211 PAGE 1 i EASEMISNT MA 1.[MITI.;D LAND t'01010RATION,a Massctchusotts ('orporation will) u principal place of httsiness ol'121 C;ommonweulth Road. Suite 102, Wnylund, Massacltusctts, in consideration of less than One I lundred Dollars ($100.00), the receipt al'which is hereby neknowledgcd, grants to '1112 TOWN OF NORTI I ANDOVi R, a municipal corporation, oi'Main Stroet,North Andover, Mussachusetty, The perpetual rights and casemonts to-construct, inspect, rcl7air, remove, replace, operalc and forever maintain pipes, pump1116 systums,ge{'lcrrttors, conduits and their appurtenances I'or the convcyancv ol`watcr and to do all ether acts incidcnlal to the inrcg0{ng. including the right to pass along and ovar the land firr the aioru,aid purposes, in, through, and under the whole of the � land describedits Open Space Arc f1 tt2 consisting of 14, 983 Square lbet, more or less on n plan � consisting oi'nineteen (19) sheets entitled."North Andover)-'stafes" Ownur and Applicant: 1.1m � Services Corpurution, drawn by 'Thomas K Neve As6ociates, Inc. Dittod AprO 21, 1992, revised, to.lane 26, 1992,and recordcd in the FAsex Northern District Registry of needs as flan#12097. Suhject to restrictions,covenants, and casements of record which may he in effcct turd all easements as shown on said flan, Por (erantor's title sco deed i'rorn islm Serviceu Corp. dated August 1 I, 1994 recorded in said Registry of Decds in Book 4107, Page 219. ']'his conveyance is :t sal ' in tl3c nrdinary enrtr,e of'butiiness ol'thc Cirttnttir and isnot a sale ofall or subst,sntially till of the assets ol'such Grantor. No tills exanninalion perlormed, No title exanfinution per€brmed. Property Address: ()pcn Space Area#2 as shown on Plan ff12097,North Andover. l?xccut(d its a st ulod instrumont this 1 dtty (11' ,2{>00 APR 11 a00 AHS:29 MA 1.1MITED LAND C'.( IZPORA"I' .)N, . Tay: (%regory ° lelhe , Assistant Vice iC President Commonwealth o1'Massacl1usctts County of Middlesex, ss: . •a Then personally appeared before {nc the above Grcgory Kellehet% A."istant V iec o 1'resideni of MA [.lMl'1+'D LAND CORPORATION, duly authorized and acknowledged the 1'brugoing histrUmilt, t he his free act find (iced on h�Jwl1'ol'said corpornlion, bel'oru inu this (lily of , 2000, CL a, ANwarlyublic 7� My commission expires: rt'Jki •* AY APR-06-2000 16:05 508 4?0 0211 P.01 i I PEDESTRMNACCESS EASEMENT �o KENSINGTON WOODS LIMITED PARTNERSHIP, by and through its General Partner, j FRANKLIN FARMS G.P. INC. a Delaware corporation duly qualified to do business in the Commonwealth of Massachusetts, with a usual place of business at 1800 West Park Drive, Westborough, Massachusetts, in consideration of less than One Hundred Dollars ($100,00), the receipt of which is hereby acknowledged, grant to the INHABITANTS OF THE TOWN OF NORTH ANDOVER, of Main Street,N. Andover, Massachusetts, C4 GC WITH QUITCLAIM COVENANTS, a casement for pedestrian access to dedicated open space, being more particularly described as follows: The three (3) areas identified as "15'WIDE OPEN SPACE. ACCESS EASEMENT" as shown on the second(2nd) sheet of a Plan consisting of eight(8)sheets said Plan entitled "North Andover Heights" Applicant: Wild Rose Realty Trust, Record Owner: Cyr Associates, drawn by Christensen& Sergi, Professional Land Surveyors, Dated November 11, 1992, last revised 2/15/93, and recorded in the Essex Northern District Registry of Deeds as Plan#12248. Subject to restrictions, covenants, and easements of record which may be in effect, For Grantors' title see deed from John J. Nolan, Trustee of Wild Rose Realty Trust dated June 22, 1993, recorded in said Registry of Deeds in Hook 3763,Page 69. This conveyance is a sale in the ordinary course of businesses of the Grantors and is not a sale of all or substantially all of the assets of such Grantors. No title examination performed, OCT 22'99 PH12:40 Property Address: Lots 6, 7, 8, 9, 10 and 11, Plan#12248,North Andover. Executed as a sealed instrument this 14 day of Oc4bbea= 1999. KENSINGTON WOODS LIMITED � a PARTNERSHIP, by and through its General Partner, F NKLIN FARMS G.P. INC , By: Gregory K eher, ssistant Vice President Commonwealth of Massachusetts County of Middlesex, ss: Then personally appeared before me the above named Greg ory Kelleher, as AssistantVice President of F'RANKLIN FARMS G,P. INC, as general partner of KENSINGTON WOODS LIMITED PARTNERSHIP, duly authorized and acknowledged the [Eforegoing instrument to be his free act and deed on behalf of said corporation, before n day of�, 1999. •• •••�, * 3� •{r i aX, Nota ublxc -;I p(p • , ; : My commission expires: t DECLARATION OF COMMON SCHEME RESTRICTIONS The Covenants and Restrictions herein set forth shall apply and be appurtenant to the following lots of land owned by Elm Service Corp., ("Elm") 200 North Main Street, East Longmeadow, MA 01028 ("Elm") and Parthenon Development Group, Inc., 853 Turnpike Street, North Andover, MA 01845 ("Parthenon"): E f Lots 1 to 42 on a Plan of Land ( 19 pages) by Thomas E. Neve Associates, Inc. entitled "North Andover Estates" recorded in the Essex North District Registry of Deeds as Plan No. j The followingrestrictions r are to be applied In conjunction with all other � restrictions as established by the Town of North Andover, Essex County and the Commonwealth of Massachusetts as they apply to subject lots. The restrictions i are intended for the preservation of the value and amenities of the lots and are for the benefit of all lots and each owner thereof. 1. No Qut Line: Site Development Plans are included as Pages 6,7,8 &9 of the referenced Plan of Land. There shall be no cutting or construction on any lot beyond the grading lines shown on said plans, 2. Arch ItPctural Building Plans, A. Architectural style of the homes to be constructed on the lots shall be uniform in design and consistent with the 1991 Series by Toll Brothers, Including the Greenwich, Dover, Philmont, Cornell and Belmont Series. No building or f structure shall be constructed on any lot which is inconsistent with the styles of these plans unless and until complete plans, showing exterior design, height, building materials and color scheme have been submitted to and approved by Elm and Parthenon or their successor in title. B. No building or other structure shall be erected, placed or allowed to stand on any lot for any purpose other than for a residence for a single family or in connection with such a residence, nor shall a building or structure be used in whole or in part for carrying on any trade, commerce or profession. It is not meant hereby to prohibit use of the structures by its occupants as accessory office and work space in conjunction with a primary office and work location outside the home. Such use will be allowed only if no external evidence of such use exists. 4 ,. FORM U = LOT 'RELF'"u. FOR XNSTRUCTIONSs This form is used to Verify that all necessary approvals/permits from .Hoards and Departments 'haVing jurisdiction have heed obtained. This dues not. re.11eve the applicant and/07 landowner from, compliance with -any- Applicable local or state 11aw, keguiations .or .requirements. *w.*.***fir*'�*****.**App1icAnt fills :out this APPLICANT: Zo Z&ezll w..: G• Phone LOCATXO$:, Assessor's Map Number Parcel SUbdivisi.on„ �' Lots) ., StreetAf St. Number OPt'icial Use RECO N©ATE. S, OF b . GENTS; F. frxAOvF roved Dat;e. App. Conservation Adm riistratbr Date Rejected Comments Date Approved Town: :PJ.arirer Date Rejected Comments Date Approved Fcaod 14apoctPr .Ipa;lth Date ..Rejected Date .Approved ? : . Septic `ziispector�Hea3.tki L-AAA, Date Rejected Comments •Public Works - se Bx/water coninections ` 17� driveway permit �T0. ��-.j 7 �G Fire DepartMnsnt Oed .6 ri1rL (!' .Ai Qfpww. ,gam Received by Building�3nspector pate i Lo MAP-HO. ram}JS C."." LO ��` PURPpSE OF glLILDING St7g ZOKg r NO. OF STORI>=5 LpCgTlOf1 '�"� f sRA !pf'-S gASEMEI 'OR SLAB yND .7c` -- or,vxeR-s NA p //JJ 7 /�,pDRESS G.'lj,..;/ryi+/Z5IYE.OF FLOOR TLM8£RS- i 7E OWNER'S _ ,.� SPAN. r ARCH ITEGVS NAME IOIIS j jr `� OF SILLS �1� � ,0eh •L DiM£NS 4v BUILDER—, NAME 70 POSTS .37lSTAxC6 p NEAREST SULL,pING ESS ?' TNICICN FROM STREET , _REAR �1 r p15TANG6 T I.LxES..••�.'SLDES_ ~~ 14EICaliT OF FOUNflATl6Li'' U �✓ X DLSTANCE FROM LO FRONTAGE— SIZE OF FOOTIPLG AREA of LOT }iA;£R;AL OF GLiIMNI:Y 1NG NEW . BUILDING ON SOL.iD OR FLLLED LAND. } IS SUILD 15 N VYA TER Is r� $UiLDLNG ADDITLON - CONNECTED To TOW i5 BUILDING CECD TO TOWN GIiii r+ LS BUILDING AL- R/►TION OF GODS Qulk"SKI Ls L3u%LDSIM-CONNE E TO NATURAL LINE P WILL.SL3LLDlNG CONFORM TO RE- IS.SifLLDLxG Co ORMAY[ON L5 pcno iF ANY PROPER'CY gpARD OF APF£A 3. .- �� 1.wIdA COST. INST ris EST- EST. vi �s SEE sarri SIDES EA'L'- RLAG• Coor PER ROOM IT NO- PAGE 3 FILL OUT SECTIONS I -'3: SEPXIC pM PAGE:Z FILL OUT srEC71Ox5 4 I-�1.2' �PPRpYED � N GTFLlG M£TEA5 MUST Iilr ON au7siDE of,BUILDING EL.E FIRE R i}6AT10t ' A MAC1tFD GARAGES.MUST CONFORM TO STA'CE YEA BY gu PLANS MUST S lLDING INSPECTOR . E FILED AND API°RO lLJI I GNATU E F pWNER pR A�TltORIXED AGENT OHI[11ERTE1.�` COid'MTEL# ) uc-; PERM-L T GRANTED oo � �� Jo The North Andover Planning Board head a regular meeting on TuOVda-Y evening, July 7 1992r1in the Town Building, Selectmen's Meeting Room. The meeting , was called to order at 7:30 p.m. by the Chairman, George Perna. Also present were Joseph Mahoney and Richard Rowen. Richard Nardella arrived at approximately 7:45 p.m. John Draper and John Simons were absent. Discussions Woodch.ugksion Christian.Huntress told the Board that he had asked John Willis if an extension was granted would he come back before the Board for a modification on the special' permit, specifically Condition #14, making the road a public way. Mr. Willis agreed and was willing to pay for the legal notice for the public hearing. Christian Huntress to contact Town Counsel on whether it was necessary for both the Subdivision and the Special Permit to be modified, as the Special Permit time was running out, not the Subdivision. Joseph Mahoney read a letter from William Hmurciak, Division of Public Works, regarding the roadway being up to Town standards. An extension has already been given on this special permit for one year. Towri Counsel has told staff that it was up to the Board's discretion on the granting of additional extensions. George Perna went over some of the issues on the Special Permit: 1. Length of cul-de-sac - 1,700 to 1,000 - Waived- 2. Mitigation of run-off - D.P.W. has reviewed. John Willis went into some detail on the drainage system: George Perna asked that each driveway be verified on having catch basins to take care of any run-off/drainage. A motion was made by Joseph Mahoney to grant a one year extension on the special. Permit; to July 31, 1993 . The motion was seconded by Richard Rowan and voted unanimously by those present, including the Chairman, George Perna. A. motion was made by Richard Rowen to modify the appropriate permits for Woodchuck Hill for the purpose of reviewing the drainage and public vs private roadway conditions. The motion was seconded by Richard Nardella and voted unanimously by those present including the Chairman, George Perna. hpproval Not go ired s Farnum Street - Lot Ling Chan es . George Perna abstained from discussions and voting. A motion was made by Joseph Mahoney to endorse the plans before them. The motion was seconded by Richard Nardella. Those voting - in favor were: Joseph Mahoney, Richard Rowen and Richard Nardella. i George Perna abstained. Discussion Plgnning BoagdSchedUle The planning Board rescheduled their meeting from Thursday to Tuesday due to conflicts with the schedule of a Board member. The issue -was tabled until John Simons was present. Joseph Mahoney read a letter from John Nolan. Christian. Huntress stated 'that an appeal had been filed on the decision. Both parties have entered into an agreement. Town Counsel had been asked if the Board could sign the plans under appeal. It was recommended by Town Counsel, that Christian Huntress should hold the plans until Counsel could review the dismissal. Plans will be released upon word from Counsel. John Nolan spoke to the Board on their position on requiring fire sprinklers within the proposed development. It is the Board position that fire sprinklers will be required. A modification is needed. Christian Huntress went over condition #9, regarding the .requirements before endorsement of plans. Joseph Mahoney read a letter from Ernest Gralia, President of Elm Services, regarding the construction schedule of Chestnut Street. Christian Huntress stated that the Town will be' requiring all construction vehicles be direct to Chestnut Street, not Holly Ridge Road. Thomas Neve responded with the necessity of some of the some vehicles using Dolly Ridge. On Condition 9H, the applicants wanted a letter from the Planning Board, regarding Phase Development. George Perna stated that the Board was willing -to work with the developer, but would not state so in a letter., In the event, sales exceed the number of lots developed within a phase, the Board will, review and work with the developer. The Board had concerns with the Restrictive Covenant. Item #6 will be reviewed. A motion was, made by Joseph Mahoney to endorse the plans for North Andover Estates. Richard Nardella amendment the motion by adding the corrections and changes discussed regarding the Restrictive Covenant. i Joseph Mahoney moved the motion as amended, Richard Nardella seconded. The vote was unanimous of those present. George Peru asked for a motion to direct staff to start proceedings on the modification of North Andover Estates to be held at on the next meeting allowed by law. The motion wa so moved by Richard Nardella and seconded by Richard Rowan. The vote was unanimous by those present. The Board signed the plans. Phillips Common - Lgt Release Christian Huntress told the Board that Lot 1, the modal home lot, was still being held and as well as the tree bond , plus $41,000. A motion was made by Joseph Mahoney to release the lots as shown on the Lot Release Form. The motion wa seconded by Richard Rowan and voted unanimously by those present. MerriMack- Valley RlsiLriningcommission Christian Huntress stated that he has spoken to Jim Gordon, Town Manager and it was recommended that John Smolak be designated as the Towns representative to the Merrimack Valley Planning Commission. George Perna asked that a committee be set up with John Smolak and members of the Planning Board. The committee would be the Merrimack Valley Planning Commission Committee. Richard Rowan was asked to be the alternate to attend meetings that John Smolak could not attend. A motion was made by Jbseph Mahoney to form the Merrimack Valley Planning Commission Committee, with John Smolak and Richard Rowen as Vice-Chairmen. The motion was seconded by Richard Nardel.la and voted unanimously by those present. Bonds 25 Johnson Circle Bond Release S eci P 't ter h d District Joseph Mahoney read a letter from Robert Stanley requesting release of a $1, 000 bond being held for 75 Johnson Circle. Christian Huntress stated that he and Richard Doucette, the Conservation Administrator inspected the site and found no problems. A motion was made by Richard Nardella to release the bond as requested. The motion was seconded by Richard Rowan and voted unanimously by those present. i 1 1 Phillips..Common„„T,;lree Bond Release Richard Rowen was asked to read a letter from Thomas Laudani requesting the release of a portion of a bond being held for tress within the development. Mr. Rowen alBo read a letter from Christian Huntress to Thomas Laudani. Mr. Laudani requested that $7,677.44 be released. Christian Huntress' recommendation was $2,500. There were trees planted that died, but were not replaced. A motion was made by Richard Nardella to release $2,500. The motion Was seconded by Richard Rowen and voted unanimously by those present. Dis uss,ion b e e Re rest on Plan George Perna stated that the Open Space & Recreation Plan had to be updated periodically. It is headed by the Conservation' Commission. A representative is needed from the Planning. Board and one from the Recreation Committee. George Perna recommended that John Simons be the Planning Board representative. EAblic Hgr s Mobil oil -- S 'to Plan Review The Planning Hoard went over some of their concerns from the previous meeting. . One of their concerns was signs. 1. type 2. color- 3. lighting to be used Landscaping plans were shown to the Board. A motion was made by Richard Rowen to close the public hearing and take the matter under advisement. The motion was seconded by Richard Nardella and voted unanimously by those present. George Perna directed staff to draft a conditional approval. The issues noted were: 1. lighting 2. facade 3, traffic -- entering and exiting 4. s i,gnage S. storage 6. sewer hook-up 7. height of potential sign. The decision will be placed on the suly .21, 1992 agenda. W,ihirte Birch Definitive_ Subdivision Al Shaboo, Environeer, went over the following issues TAth the Board. 1. A site walk was conducted. 2. Input is needed from the conservation commission and the Board of Health. . 3. The Board had asked for scenario - Full subdivision/PRD a. Number of lots with out waivers of the length of cul-de-sac b. Given the waiver on length of cul-de-sac, potential for 3 more lots to be developed. c., length of cul-de-sac with PRD - 885 ft from Bradford Street A. 38� '©pen Space. Joseph Mahoney asked if the 10 acre requirement for a PRD was being waived. George Perna went over the waivers needed under this submission: 1. length of roadway 2. 10 acre requirement 3. find sufficient reason to go to PRD because 38% used as Open Space. a. buffer being created between Industrial & Residential ,land Christian Huntress stated that under the PRD requirements there is a Soft no build buffer zone. Elizabeth Barker, not a direct abutter, stated that she liked the PRD. A motion was made by Richard Rowen to close the public hearing and take the matter under advisement and direct staff to draft a decision on the PRD listing necessary waivers. Christian Huntress pointed put the need for sidewalks 'within the PRD. There was no second to Richard Rowen's motion. George Perna as for typical house plans. Al Shaboo stated that the houses would vary, but would be colonial. George Perna asked for sidewalks on the plans. Christian Huntress asked that they should be on both sides, to the cul-de-sac, ramped at the and. i l Al Shaboo toad the Board that there wad a request in the Zoning Board of Appeal for a change on the PRD requirement. George Perna wants a 50 ft buffer, not varied, to be put in the order of conditions along the eastern property line. If a variance is granted, this is no longer a PRD. George Perna asked that the no-cut zone be placed on the plans Christian Huntress stated that he will put in the order of conditions that prior to a building permit being issued 'the lots are to be staked and limited clearing for the houses and septic systems is to be done. This will be -reviewed by the planning Department. Sloped granite curbing will be required on both sides of the street. Fire sprinklers will, also be required. A motion was made by Joseph Mahoney to close the public hearing on the Special Permit. The motion was seconded by Richard Rowen and voted unanimously by those present. A motion was made by Joseph Mahoney to close the public hearing on the definitive subdivision. The motion was seconded by Richard Rowen and voted unanimously by those present. Decisions Lo 3A entry bane--- Speci-al Permit - Wat ed District Richard Nardel.l.a wanted it made noted that the- Bank had not been to the past two meetings. Christian Huntress, Town Planner, 'stated that there were a few issues. 1. Leach pit has been relocated toward the front of the lot. 2. The location of the drainage facility on the left side of the property. George Perna stated that he had asked Richard Doucette, Conservation Administrator, to attend meetings for Watershed District issues. The Board was given a draft decision. Conservation rendered their Order of Conditions on May l.o, 1993. The Board went over the conditions. on Condition #13, deed restriction - prior to Building Permit will be added. Christian Huntress stated that a condition had to be added: "No structure which requires a foundation shall be any closer than 70 ft, Condition #17 shall read 70 feet. Condition #18, not cut zone 50 ft. i I A motion was made 'by Joseph Mahoney to approve the Special Permit. The motion was seconded by Richard Rowen and voted unanimously by those present. Coventry Estates George Perna asked that Coventry Estates be brought before the next meeting for the purpose of pulling the band. A motion was so' moved by Richard Nardella and seconded by Richard Rowen. The vote was in favor. Those voting were Richard Nardella, Richard Rowen and George Perna. Joseph Mahoney abstained. Den Rock View Christian Huntress, Town Planner, gave the Board copies of a draft decision for approval. There were a few correction with spelling, but nothing else. A motion was made by Joseph Mahoney to approve the draft decision on Den Rock View Definitive Subdivision. The: motion was seconded by Richard Rowen- and voted unanimously by those present. A motion was made by Joseph Mahoney to adjourn the meeting. The motion was seconded by Richard Rowen and voted unanimously by those present. The meeting adjourned at approximately 11:35 p.m. J e L. Eaton, Secretary George D. Perna, Chairman ' I I I OVm_ _ O ov _r Y 6 _. LAKE doves- Mass:, 7 `- 19 ti PEIR. rG.. F RD OF-HEAI:M - ING SP 'THIS,.CERTIFIES-,THAT............�...........�.._:. _ -IN ECTOR Eo _Ort. has permission to.erect.... ........_. .build ngun .... -1 ..:pf-1,5' to be occupied as .,,. ,..... :.......................�..,.�'J�F�:L_ ....1��- ...._ x.t. -_-................ c� O.rovided that the person:accepting this permit shall in every respgO conform tn::the.:. erms of the.':apphcation on file in, this Office, and to the provisaons.�afthe Lades and ByLaws:relating to h6t'Inspection, Alteration and Construction:o Buildings:in"the-Town of North Andover; TL-, SF CTUR VIOLA [DN nf.the Zoning :ar Suddl?g:Reg[�Nons voids this Nemiti s T��-r.7� ��r-� t� 7i� n /1r�Q� [�i�g►frr �T J � J.1'��--�(\�Svt.. UNL S CONSIRUCT ON �LEcr�c IN, Bt7ILDINGINSPO=R OtCIuPCL 61 P67ORe4uiredtaOm4py.BtdU' 'tg _ -GAS nv R -Display in a Conspicuous Place-On the Premises —�- Do Na# Remove u -Na la ting or Dry.`-011���To Be Donee Until 1nsp0.' -and: Approved -by=the Building n pector. DEAR Bumer Smokc. The North Andover Planning Board held a regular meeting on, August { A, _ 1992 �In the Town Building, Selectmen's Meeting Room. The : meeting was called to -order at 7: 35 p.m. by the chairman, George Perna, Also present were Joseph Mahoney and Richard Rowen - John . Draper and Richard Nardella arrived at approximately 7:50 p.m. John Simons arrived at approximately 8 :15 p.m. Bonds Shawmut BanR Hand Reduction ; Coventry Estato Richard Rowan, Acting clerk, read a letter from the Shawmut Hank requesting a reduction on the bond being held on Coventry Estates. Christian Huntress, Town Planner, reminded the Board that at the last meeting the Board voted to pull the bond. A letter has been sent to the Shawmut Bank. Staff was directed to send another letter to the bank reaffirming. the Board's position and stating also that the Board does not reduce a bond to zero, and the Board does not believe that all the work had been completed. D.P.W. will be asked to review the subdivision for their recommendation. Christian Huntress reminded the Board that there was a bill for $5,000 for electricity on the pump station that has not been paid and has since increased. The issue of the bill is to be put in the' letter to the Bank. 9w.-arcane e - o 'n & Lot Releagg Richard Rowen read a letter from Robert Janusz requesting fund from the original Jerad Place be transferred into an account for Sugarcane Lane. Richard Rowen read a letter from Bill Hmurciak, D.P.W. Enough work has been completed on the entire subdivision to allow the transfer of funds to the Sugarcane Lane portion. There is $108, 000 being held in that bond. A motion was made by Joseph mahoney to establish a bond in the amount of $108,000 for Sugarcane Lane, to be transferred from the account of Jerad place and put into a new account under Sugarcane Lane. The motion was seconded by Richard Rowen and voted unanimously by those present, including the Chairman, George Perna. John Draper arrived at approximately 7:50 p.m. North Andover Estates -- Establish Bond The issue was tabled to the public hearing on North Andover Estates. Discussions Now Castle - Lot Release Christian Huntress, Town Planner, stated that there was a request for release of the following lots, 1,3,4,5,21,22,23,24r25,26,27,284, and 40 through 63. All -the lots are properly bonded. A motion was made by John Draper to release the lots on the Form J as listed. The motion was seconded by Joseph Mahoney and voted unanimously by those present. X 5 rategic Planning errant - Signgtures Richard Rowan read a memo from Karen Nelson, Director of Planning & Community Development regarding a Strategic Planning Grant. Joseph Mahoney asked who was going to be doing the work or planning and how will the money be spent. Christian Huntress stated that the $55,000 match will be paid by in�- kind services through the Town of Methuen. The grant is for $50,000. Methuen will be administrating the grant•funds if awarded by EnCD for the work in some of the surrounding town. A motion was made by Joseph .Mahoney to authorize the Chairman, George Perna to sign the necessary forms. The motion was ,secondeo by John Draper and voted unanimously by those present. John Simons arrived at .approxi.mately 8: 15 pm, kublig Hearincts X-ogdc uc Grove - SUecial Permit Modification Richard Rowan read the legal notice to open. the public hearing. Christian Huntress stated that at a previous meeting the Planning Board granted a one year extension on the special Permit with the condition that the applicant would come back before the Board with a modification on that Special Permit and make the. roadway a public way. The D.P.W. and Technical Review Committee have reviewed the roadway. Christian Huntress gave the Board a draft decision. He stated that the conditions before them were the same as that of the original decision with the exception of Condition 10 and 12. Condition 10 states the roadway would be private. Condition 12 was deleted as it referred to easements over a private roadway. Condition 2 referred to the open space being owned by an association. ' The open space will now be owned by the Town, in fee, so that 'the Town can swap land with the State Forest. The land will be deeded to the Selectmen so that it can be transferred to the state. Questions were wised on the uses of open space, as well as who the land is deeded to. Christian Huntress read from the Zoning Bylaw. Joseph Mahoney expressed his opinion on open space and that it should be kept in the property owners name so that taxes could be collected form it, like in other Towns, John Simons and Richard Nardella agreed. Richard Nardella stated it was too easy for developers to deed over land to the Town. John Simons suggested that this - subject be brought up to the open Space Advisory Committee. f John Willis asked that if the open space were going to be deeded to the Town, he wanted some restriction in the deed to protect the i home owners within the development. George Perna stated that there will be conservation restriction placed in the deed. Christian Huntress sated it was part of Condition 2. Joseph Mahoney asked if the conservation easement was a broad term or did it mean specific things. Christian Huntress stated that it was a fairly broad term. John Draper asked if the roadway would be bonded until such time that it be accepted as a public way even if was in 1999. Christian Huntress told him the roadway would be bonded until the roadway was accepted by the Town. Marcia Lydick, 17 Fuller Road, expressed concerns with runoff to her property. John Willis stated that run-off has been mitigated. Mrs. Lydick asked to see the plans. Robert Holleran, 1049 Salem Street, expressed concerns with run- off. John Willis went over the plans showing the neighbors where and how the water would flow. Mrs. Lydick asked for a guarantee on the way the water would flow once the pipes were installed. Richard Nardella stated that the Planning Board will be monitoring the work and the Town will be holding a bond on the development. John .Simons stated , that on the original application of this project, the drainage was reviewed carefully and thoroughly. An outside consuitant was also brought in to review the plans. Mrs Lydick asked again for a guarantee. John Willis stated that the Lydick's pool was built close the wetlands and during a heavy storm there is a large amount of water that builds up. George Perna stated that the plans have been reviewed thoroughly and that Mrs. Lydick;s situation may be better than it is at the present time. Mrs. Lydick asked for the date of the original ' decision. Christian Huntress stated-that the decision was filed on July 31, 1989. John Willis asked to reserve the rights of the home owners by affording them some degree of privacy, the language not specific at this time. Christian Huntress will re-write condition 2, deeding a portion of the open apace to the Board of Selectmen and the balance of the property to the association. A motion was made by John Simons to Close the public hearing The motion was seconded by Richard Nardel.la and voted unanimously by those present. A motion was made by John Simons to approve as drafted and amended, the- Special. Permit Modification on Woodchuck Grove. The motion was seconded by Richard Nardella and voted unanimously by those present. P soussion ggnsgryatjon Admini6tXatpX Richard Nardella asked to hear from Richard Doucette,. Conservation Administrator on an article written in the local newspaper regarding open space. Richard Doucette stated that there was a decision in Superior Court overturning a decision of the Conservation Commission and that the Wetlands Bylaw in effect in 1989 was invalid., Since 1989 the Bylaw has been rewritten. Richard Doucette stated that there was a case in Harwich, MA were the Wetland Bylaw was a mirror of the State regulations. In order to be in effect, a Town Wetland Bylaw has to be more stringent than the State Yaw. Richard Nardella asked how this would effect Campbell Forest. Richard Doucette stated that Campbell Forest comes under the new Wetlands Bylaw and is not affected with this decision. Richard Doucette stated that the decision by Superior Court was somewhat contradictory. FlowsInc. - Great and Road - Special Permit - e er Extension Christian Huntress stated that the application before the Board was for the construction of a sewer line from the Colonnade to a pump station near Ray's Pond. The Colonnade septic system is failing and the connection to the sewer line is essential. Christian Huntress stated that he has drafted a conditional approval on this application. John Simons read the legal notice to open the public hearing. Christian Huntress showed the Board the plans. Approvals from the D.P.W. and the Conservation Commission have been received. Steven Foster, Channel Building, Project Manager, spoke to the Board on the application before them. An escrow account was set up when the Colonnade was sold as condo s. Mr. Foster explained the way the system would work. George Perna asked about the existing septic system. Flowage Inc. has nothing to �do with the Colonnade. Flowage Inc. owns the pump station at Rays Pond. The pump station is connected to the French Farm Subdivision. It was built larger so that others could connect. The. Colonnade has been asked by the Board of Health to connect into that pump station. i Questions were raised about taking out the old septic system once hooked up to the sewer. George Perna stated that the old system would be used as a back-up.. A condition will be put in the decision on who has ,control of the back-up system, which will be the D.P.W. A motion was made by John Draper to close the public hearing. The motion was seconded by Joseph Mahoney and voted unanimously by those present. Conservation has Assued . an order of Conditions. There is a 'I $100,000 bond in place for the work. A motion was made by John Draper to approve the construction of a sewer .from the Colonnade to the pump station at Rays Pond a& drafted and amended. The motion was seconded by Richard Nardella and voted unanimously by those present. Public Hea n�rs .. G' aver e a ri S v George Perna stated that he had spoken to Bill. Dolan, Fire Chief, regarding the fire sprinkler requirement. Although the Board cannot modify the Special Permit, they can modify the subdivision and under that modification the Board would decrease the Length of the roadway for safety reasons. With that, the applicant has agreed to install fire sprinklers. The number of hydrants will now be. reduced. There are some other arrangements/agreements that will be established under the bond. The Board will not modify the subdivision. John Simons read the legal notice to open the public hearing. John Simons questioned why the length of the cul-de-sac was changed. George Perna explained that. the Board could not call for a modification on, a Special Permit, only on a subdivision. Christian Huntress stated that under M.G.L. the Board cannot condition fire sprinklers, but could consider the issue of public safety. With that in-mind the length of the cul-de-sac is too long and cannot' be the serviced properly and safely with adequate fire protection. A motion was made by John Draper to close the public hearing. The motion was seconded by Richard Rowan and voted unanimously by those present. John Nolan gave the Board copies of an agreement. At this time the Board established a bond. Joseph Mahoney had questions on #5 of the Memorandum of Agreement. Specifically the following: "Erosion and sedimentation control.; for which bonds have been posted, is the specific concern of the Board. As Long as this work is -being performed satisfactorily, then the Planning Board or staff shall. all Elm to proceed with construction activity on Phase 2, waiving . the provisions of Item 25 of the Special permit." He stated that it was not sedimentation control that led to the imposing of this condition, it was a tear of the developer going "belly up" , especially in this economic climate. Richard Rowen stated that if the developer was selling the homes, he could proceed with the development. Richard Nardella cited another development that was approved with similar restrictions. The developer moved forward after the restrictions were met and the -sales were there for the completion of the development. Richard Nardella stated that he did not feel it was restrictive, it was having more control. The Board did not want to' see homes built on speculation. Christian Huntress stated that he has spoken to' John -Nolan and Ernie Gralia on the Board's position of not inhibiting the developers if their building a good product. John Nolan expressed his concerns with the change in staff, while the Board expressed their concerns with the change in a developer, should the present developers sell. Some of the Board members expressed concerns with Purchase and Sales Agreements between Elm service and Toll. Richard Nardella asked that the Memorandum of Agreement be recorded and run with the property. .Jahn Simons expressed concerns with changing the subdivision approval and not the special permit. By changing the wording in the subdivision approval to go along with the Memorandum of Agreement makes a conflict in the special permit approval. Richard Nardella asked that clarification be made on what special permit and occupancy mean, running with the Land. ' i chri.stiah Huntress was asked to re--write the agreement and have George Perna and Joseph Mahoney -review. George Perna had questions on auxiliary power .in Condition #3 of the agreement. Christian Huntress stated that D.P.W. .requires, back-up power, as well as the Fire Chief. John Nolan will speak to Bill Hmurciak. Ernie Gralia was not sure if back-up power was required for the domestic use of water. George Perna stated that the bond being established was for erasion control only, not for the roadway. In Condition #4, John Draper , asked that it be noted that the bondin g was for Phase I. A motion was made by Richard Rowen to approve the bond subject to staff reviewing. The motion was- seconded by Richard Nardella and voted unanimously by those present. A motion was made by Joseph Mahoney to accept the Memorandum, authorizing George Perna to sign for the Board, with the changes that were discussed. George Perna and Joseph Mahoney will review. The motion was seconded by Richard rd Rowen. Those *votin in-favor g were Joseph Mahoney, Richard Rowan, Richard Nardella, John Draper 4 and George Perna. John Simons opposed. Staff was directed to develop a bond to handle situations not covered under the Rules and Regulation Governing the Subdivision of Land. A motion was so made by John Draper and seconded by Richard Nardella. The vote was unanimous. A motion was made by Richard Nardella to take no action on the North Andover Estates Subdivision Modification. The motion was seconded by .Joseph Mahoney. Voting in-favor were Joseph Mahoney, Richard Nardella, Richard Rowen, John Draper and George Perna. Opposed was John Simons. John Nolan thanked Paul Hedstrom for encouraging him to work with the Hoard, and not challenge the modification. 750 Great Pond Road - gVASjial rm t Wa ed Distr John Simons read .a letter from Christlan Huntress to Phil Christiansen regarding the Boards concerns. The Chairman asked Mr. Christiansen to address each of the items. 1.. All run-off within ,250' of Lake cochi.ahewick should be contained either through overland flow, or a leachpit system. Impervious pavement to be used. Curbing and sloping along the driveways wild. be done to keep the water from draining .toward the lake. 2. The alignment of the proposed drive should provide for minimum impact to natural topography, and existing vegetation. The Planning Board has requested that you provide a leachpit or some other alternative which may accommodate the anticipated runoff. The driveway has been pulled back 30 feet from the neighbors property. The slope of the. driveway has increased to 12 percent. 3 . In all areas possible any existing vegetative buffer to abutting properties should be maintained. This may necessitate minor relocation of the proposed driveway. Addressed in the second concern. 4. The proposed off street parking shown on the plans appears to be acceptable. However, the Planning Board would require that this area be paved and properly drained. The parking area will be paved and properly drained. 5. The proposed drive shall be paved for its entire length. The driveway will be paved in its entire length. 6. The Board has asked for a cross section detail of the proposed retaining walls. Further, the proposed outlet structures located at the base of the wall should be accompanied by either a sedimentation basin or level spreader. The Board was shown plans for the proposed retaining walls. John Simone asked that cutting be kept to a minimum and that a no- cut line be established and put on the plans. A condition will be placed in the decision relating to ' reforestation within J251 of the lake. A notion was made by Richard Nardella to close the public hearing. The motion was seconded by Joseph Mahoney and voted unanimously by those present. A motion was made by Richard Nardella to approve the draft decision as noted and amended. The motion was seconded by Joseph Mahoney and voted unanimously by those present. Borden emical . site Plan• Review Christian Huntress, Town Planner, gave the Board copies of a draft decision as directed by them at the last meeting. Additional landscaping was added to the plans. A motion was made by John Draper to close the public hearing. The motion was seconded by Richard Nardella and voted unanimously by those present. A motion was made by Richard Nardella to approve the draft. decision for Borden Chemical. The motion was seconded by John Draper and voted unanimously by those present. Decisions White- Birgh-P&finitive subdivision ftec.ial ftrm t.PRD The Board were given copies of draft decisions on- White Birch Estates Definitive Subdivision and the Special Permit for a PRD. Definitive Subdivision Christian Huntress told the Board the basically before them were the standard set of conditions for a subdivision with the exception on condition #15, which requires slope granite curbing. sidewalks five foot wide are shown on the plans as recommended by D.-P.W. fi PRD Condition 4b addresses the sidewalks. This condition will be stricken and a new condition will be added at the end to address the sidewalk location. John Draper asked, why sidewalks were not put around the cul-de- sac. Christian Huntress stated that people would go out -into the street at the end of the cut-de-sac. The consensus of the Board was not to have sidewalks ,ot the end of the- cul-de-sac. Condition 5 addresses fire, sprinklers. The width of the roadway will be 22 feet. John Draper asked about further development or future access to other property. There will be no regrading or septic systems with the first 50 feet. Plans have to be revised. The applicant has a variance for the 50 foot buffer once inside the property. The Planning Board has to waiver the 50 foot buffer even though the Zoning Board of Appeals has granted a variance. Any permanent. signs will have to conform to Section 6 of the Zoning Bylaw. A permanent stop sign will be installed and well as a street sign. John Draper asked- about tree cutting and if staff will be reviewing the property before any cutting is done. Bonds will be posted prior to the release of any lots. A covenant will be in place prior to the endorsement of the plans. There will be a not cut line, plans will be revised to reflect the no-cut line. A waiver will be granted on the location of the roadway. A motion was made by John Draper to waive the 50 foot buffer on the south side of the roadway. The motion was seconded by Joseph Mahoney and voted unanimously by those present. A motion was made by Joseph Mahoney to accept the. Special Permit decision as written and revised. The motion was seconded by Richard Nardella and voted unanimously by those present. A motion was made by Joseph Mahoney to accept the draft decision on the definitive subdivision as written and revised. The motion was seconded by John Draper and voted unanimously by those present. Joseph Mahoney left the meeting. Sign Plans CgMpbgll EgUgt De 'nitive Su div lion LvQnsWay - Definitive Subdivigkgn A motion was made by John Draper to endorse the plans for Campbell Forest and Lyon Way. The motion was seconded by Richard Nardella and voted unanimously by those present. The Board signed both sets I