HomeMy WebLinkAbout1990-03-02 Legal Documents Def Subdivision FORM I
COVENANT
November 8 , 1990
North Andover , MA
KNOW ALL MEN by these presents that the undersigned has
submitted an application dated Dec . 5 , 1989, to the North Andover
Planning Board for approval of a De znf love Plan of a subdivision
of land entitled: Definitive Subdivision Plan of North Andover, Business Pk .
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plan by: Thomas E . eve ssocla es , I ops ae ,
dated by: 1 90 owned by : gu , . ,. p,rk u___.—_�t mYt,�t
address :
land located:
and showing _ __ proposed ots . The ithou a requir ing igne has saed
the Planning Board to approve such plan w
performance bond.
IN CONSIDERATION of said Planning Board of North And�gver
in the county of Essex approving said plan without
e bond , the undersigned hereby covenants
requiring a performanc
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 of the land, except for those described below, and
that the present holders of said mortgages have assented
to this contract prior to its execution by the
undersigned.
*If there is more than one owner , all must sign .
"Applicant" may be an owner or his agent or
representative, or his assigns , but the owner 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 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 .
c. The Certificate of Approval and the conditions of
approval specified therein, issued by the Planning
Board, dated March 2 , 1990 .
Page I of 4
i
d . The Definitive Plan as approved and as qualified by 6'
Certificate of Approval. .
e. Other document (s ) specifying construction to be
completed, namely;
order of Conditions from
Nnr# h Ail nvpr ( nnSPrVat inn commission dared Feb . 1 , 1989
_.mod_if-1-PrL8n _ 1 7 , 1 99(1 DF'P File e No- 242-484 _
However, a mortgagee who acquires title to the mortgaged
premises by foreclosure or otherwise and any succeeding
owner of the mortgaged premises or part thereof may sell
or convey any lot, subject only to that portion of this
covenant which provides that no lot be sold or conveyed
ow 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 ,
admistrators , 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 North Essex 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.
8. That this covenant shall be executed before endorsement
of approval of the definitive plan by the Planning Hoard
and shall take effect upon the endorsement of approval .
Said covenant shall expire two years from the date of
endorsement of the definitive plan .
r }
9. Upon final completion of the construction of ways and
installation of municipal services as specified herein,
on• or before ptcl 312 / 99/ 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 vats 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 fromcommador Cocp./ft. ERegan, J. Grasso, V.
Gr'as�
dated A ril 29, 1985/Sept. 18, a98 1962/20451n
North Essex Registry of Deeds , . Book
Page 56 ' 57 /279 , or registered in Land
Registry as Document No. _�____�__, and noted on certif icdte
of title No. , in Registration Book Page
T.he present holder of a mortgage upon the property is
lover Savings/Andover Savings of Andover MA Andover, MA
The mortgage is dated 5e tember 23 1985/jnne 14,1940id recorded
122
in north Essex /North Essex Reg a tr y o Deeds , Book 2048/3 Land
Page 147 /91 ► or registered in and noted on certx icate
Registry as Document No. _____ `� ,
of title No. , in Registration Book , Page
. The mortgagee agrees to hold the mortgage subject
to the covenants set forth above and agrees that the
covenants shall have the same status , force and effect as
though executed and . recorded before the taking of the
mortgage and further agrees that the mortgage shall be
subordinate to the above covenant .
Not olicable , spouse of the
undersigned applicant hereby agrees that such interest as- l. ,
we may have in the premises shall be subject to the
provisions of this covenant and insofar as is necessary
releases all rights of tenancy by the dower or homestead and
other interests therein.
IN WITNESS WHEREORF we have hereunto set our hands and seals
this of , 19
A c ptance by a Majority
of the Planning Board of
Signed on behalf of Business Park Realty Trust this of 1�0 F rJr 1)("(., 19
V �-9 �Vn
� 1e S. Wentworth Trombly, Trustee
COMMONWEALTH OF MASSACHUSETTS
ESS�X ,S� NotlonaR P , 19 90
f
Then personally appeared before me GC-QP
,66 PUVAJOZ.,_one of the above-named
members of the Planning, Board of A10"I 4NbDU6V _ , Massachusetts and
acknowledged the foregoing instrument to be the free act and deed of said
parties before me.
P � - —
Notary Public �-•. �l�lO
my Commission Hoc ire„: 2
COMMONWEALTH OF 1ASSACHUSETTS
19
rSS
Then personally appeared before me the above named
and acknowledged the foregoing instrument to be free act and deed.
Notary Public
My Commission Expires:
page 4 of 4
Restrictive Covenants
WHEREAS, the Trustees of Business Park Realty Trust have
submitted Article 54 on the 1992 North Andover Town Warrant
petitioning for the rezoning of approximately 9 acres of land
(the "Parcel") from R-2 to I-1; and
WHEREAS, the Inhabitants of the Town of North Andover and in
particular the residents of Marian Drive have raised certain
concerns regarding the rezoning and potential development of the
aforesaid nine (9) acre parcel;
NOW, THEREFORE, in consideration of the passage of article
54 and the rezoning of the nine (9) acres from R-2 to I-1, the
Trustees of Business Park Realty Trust do hereby covenant and
agree with the Town of North Andover, acting by and through its
Planning Board, that the following Restrictive Covenants shall
apply to any construction and development in the parcel:
1. The maximum height of any building constructed in the
parcel pursuant to the North Andover Zoning Bylaw dimensional
requirements shall be limited to 331 . The height measurement
shall include HVAC units, exhaust fans, or any other machinery
housed on the building roofs. The height restriction however,
shall not apply to antennas, chimneys or breather pipes.
2. The parcel is bisected by a stone wall which runs from
the northerly boundary of the property in a southerly direction
and then continues southerly marking the Easterly boundary of the
parcel with land of Alison J. Novello. This stone wall is shown
on a plan recorded at the North Essex Registry of Deeds as
Plan # 10147 and on said plan created the boundary between
"Parcel BOO and land n/f of Commadore Corp & Capricorn Corp. In
addition to the normal screening and landscaping requirements for
the Industrial Districts the aforesaid stone wall shall determine
the easterly boundary of a 50 ' "no cut" zone parallel to the
stone wall. Furthermore, there shall be an additional 50 ' zone
parallel to the "no cut" zone which may be landscaped but not
paved. This landscape zone may, however, contain pedestrian
walkways, ' not to exceed 51 in diameter. Within the landscape zone
and adjacent to its border with the "no cut" zone, one row of
evergreens shall be planted prior to the issuance of a
Certificate of Occupancy for any structure in the parcel.
3 . At least- one (1) groundwater monitoring well shall be
constructed with each building constructed within the parcel at
the direction of the Building Inspector. The Town of North
Andover through its Board of Health or appointed agent shall have
the right to maintain said well and to take ground water samples
on a yearly basis, or more frequently if necessary.
4 . In addition to the Zoning Bylaw requirements, and site
plan review requirements, the Trustee agrees that any artificial
lighting used to illuminate any parking lots or outside areas
shall have underground wiring, and that the lighting units shall
be shrouded, shielded or recessed so as to not cast any direct
rays from such lighting units off of the parcel.
5. In addition to the normal screening and landscaping
requirements for industrial districts, the Trustee agrees that
any external trash or removal bins shall be contained within a
solid wood or masonry fence or structure of at least eight (8)
feet in height so that any compactors or bins are visually
hidden. Furthermore, all loading docks and parking lots shall be
cleared of all debris and unused manufacturing material on a
daily basis and any unused assembly, packing, shipping or
manufacturing material must be contained in an enclosed area so
that it is visually hidden.
6. Any development within the parcel shall comply with the
Massachusetts Environment Protection Agency regulations regarding
air quality control and the Massachusetts Department of
Environmental Protection regulations regarding air pollution
emissions and noise emissions.
(a) The Division of Air Quality control policy (310
CMR 7 . 10) reads as follows:
POLICY
A source of sound will be considered to be violating
the Department's noise regulation (310 CMR 7. 10) if the source:
1. Increases the broadband sound level by more than
10 db(A) above ambient, or
2 . Produce a "pure tone" condition - when any octave
band center frequency sound pressure level exceeds
the two adjacent center frequency sound pressure
levels by 3 decibels or more.
These criteria are measured both at the property line
and at the nearest inhabited residence. Ambient is defined as
the background A-weighted sound level that is exceeded 90% of the
time measured during equipment operating hours. The ambient may
also be established by other means with the consent of the
Department.
(b) Any development shall also comply with Sections 1-7
of the Massachusetts Dept. of Environmental Protection Act 7 . 09U
Dust, Odor, Construction and Demolition regarding air pollution
emissions, and Section 7 . 10U Noise regarding noise emissions (310
CMR 118) .
7 . The parcel shall not be used for, nor have located on it
any sort of helicopter landing pad.
8. The Trustee recognizes that the neighbors on Marian
Drive are concerned about the potential use of the rezoned
premises and the potential for the creation of noise. While not
intending to restrict the use or operation of the parcel, the
trustee hereby acknowledges the right of the North Andover
Planning Board to impose, through its Site Plan Review, any
reasonable restrictions on the hours of operation of any
businesses that may be located in the parcel that are likely to
generate manufacturing or warehouse or truck noise. Depending on
the use, such restrictions might include the banning of "third
shift" or Sunday operations and external refrigeration units,
other than normal HVAC units for the air conditioning of the
premises. No commercial vehicle in excess of two (2) ton gross
weight shall idle or operate on the premises between the hours of
11 P.M. and 6 A.M. , or on Sunday.
The Trustee hereby grants to the Town of North Andover,
acting by and through its Planning Board, the right to enforce
the obligations of this Covenant, including, but not limited to
the right to have this Covenant enforced in court and to collect
reasonable attorneys' fees and other costs that may arise out of
such enforcement action.
This Covenant shall run with the land and be binding upon
the grantor, its successors, heirs or assigns, and shall inure to
the benefit of the Town and its inhabitants. This Covenant shall
be held in escrow by the North Andover Town Counsel until such
time as the rezoning described . herein either receives the
approval of the Attorney General, or 90 days elapse after the
Town Clerk submittal to the Attorney General without Attorney
General Action, at which time the Town shall cause to have this
Covenant recorded at the North Essex Registry of Deeds at the
Expense of the Trustee.
The property to which the Covenant shall apply is off of
Flagship Drive, North Andover, Essex County, Massachusetts, more
particularly bounded and described as follows:
EASTERLY: by land of ARC corporation and land of Alison
'J. Novello;
SOUTHERLY: by land of Alison J. Novello;
EASTERLY: by land of Alison J. Novello;
SOUTHERLY: by land of the Trustees of Reservations;
WESTERLY: - by land of the Trustees of Reservations;
SOUTHERLY: by land of the Trustees of Reservations;
WESTERLY: by land of the Trustees of Reservations;
NORTHERLY: by land of Business Park Trust and land of
Associates Limited Partnership.
1
Being a portion of the premises conveyed to the Trustee of
the Business Park Realty Trust under Declaration of Trust
recorded in the North Essex Registry of Deeds in Book 1962, Page
50, in two deeds, the first being recorded in Book 1962 , page 56.,
and the second being recorded in Book 1962 page 57 .
Signed as a sealed instrument this 5th day of May, 1992.
Business Park Realty Trust
by:
v
L ne W. Trombly,
Trustee
COMMONWEALTH OF MASSACHUSETTS
Essex, ss, May 5, 1992
Then personally appeared the above named Lynne W. Trombly,
Trustee of Business Park Realty Trust and acknowledged the
forgoing instrument to be the free act and deed of said trust,
before me
,
'i
No, ar y' Public
M�, C,dmmission Expires:
C.�
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OFFICES OF: Town Of 120 Main Street I
* . North Andover
BUILDING _; NORT I ANDOVE�
CONSERVATION �,'•,;,, • ,� Ivtassacliusetts01845
HEALTH ®8"`"°°`s DIVISION OF (508)682-6483
PLANNING
PLANNING & COMMUNITY DUEVELOPMENT
KAREN H,P, NELSON, D11tEC'1'01J
Bayfield Company
Mr. Robert Webster
242 Neck Road
Haverhill, MA 01830 9
Re: Traffic Signalization
i
Dear Mr. Webster:
The North Andover Planning Board will be formally voting on
your subdivision application for North Andover Business Park
( extension) at their March 1, 1990 meeting. In order for the
boardeto vote at that meeting they have requested some form of
commitment on your part to ensure that the traffic lights to the
Park become a reality.
I suggest that you contact Chris Huntress, at your earliest
convenience to discuss the means in which a strong commitment on
your part can be documented ( ie. written condition in the
decision or strategy for obtaining signalization. ) With the
decieion deadline approaching, your assistance in resolving the
Matter is necessary. I am confident that the planning staff can
coordinate efforts between all parties in order to move this
project forward.
If you have any questions or concerns, please contact -either
Mr. Huntress or me.
Yours truly,
Karen H. P. Nelson
DIRECTOR
c Chris Huntress, Town Planner
George Perna, Chr. Planning Board
James Gordon, Town Manager