HomeMy WebLinkAbout1997-04-16 Legal Documents DEF SUB PRD i
Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning Board
on Definitive Subdivision Plan entitled: srookview Estates
By: Marchionda & Associated T .P. dated Se tembex 6, t fq 96
The North Andover Plann3-ng Board has voted to APPROVE said plant subject to the
following conditions:
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1. That the record owners of the subject land forthwith execute and record
a "covenant running with the land"t or otherwise provide security for the con—
struction of ways and the installation of uuni.cipal services within said sub-
-division, all as provided by G.L. c. 41t S. 81—U.
2. That all such construction and installations shall in all respects
conform to the governing rules and regulations of this Board.
-3. That, as required by the Korth Andover Board of Health in its report to
this Board, no building or other structure shall, be built or placed upon Lots
No. as shown on said Plan without the prior
consent of said Board of Health.
k. Other conditions: c -'�A
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In the event that no appeal shall have been taken from said approval within
twenty days from this date,, the North Andover Planning Board will forthwith
thereafter endorse its fomal approval upon said plan.
The North Andover Planning Board has DISAPPROVED said plan,, for the following
reasons:
ram.
NORTH ANDOVER PLA.NNIM BOARD
Date: April_ 161 1997 By: Joseph V. Mahoney
__ U %}
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Brookview Estates Definitive Subdivision
Conditional Approval
The Planning Board herein APPROVES the Definitive Subdivision Approval for a fifteen (15) lot
subdivision (mown as Brookview Estates. This application was submitted by David Kindred,
Brookview Country Homes, Inc., PO Box 531, North Andover, MA 01845 on September 2, 1996.
The area affected contains approximately 43.31 acres of land in a Residential - i Zone off of Boxford
Street.
The Planning Board makes the following findings as required by the Rules and Regulations Governing
the Subdivision of Land:
A. The Definitive Plan, dated September 6, 1996, rev. 3/6/97, 3/17/97, 3/18/97, 4/2/97 includes all
of the information indicated in Section 3 of the Rules and Regulations concerning the procedure for the
submission of plans.
B. The Definitive Plan adheres to all of the design standards as indicated in Section 7 of the Rules
and Regulations.
C. The Definitive Plan is in conformance with the purpose and intent of the Subdivision Control
Law.
D. The Definitive Plan complies with all of the review comments submitted by various town
departments in order to comply with state law, town by-laws and insure the public health, safety, and
welfare of the town.
Finally, the Planning Board finds that the Definitive Subdivision complies with Town Bylaw
requirements so long as the following conditions are complied with:
1. Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the
following:
a) The catch basin design must be revised to show four foot sumps and hoods.
b) The stone walls at the entrance must be eliminated from the plan as they are located in
the right-of-way,
c) The final roadway design and drainage must be submitted to the outside consultant and
to D.P.W. for final review and approval.
d) A detailed construction schedule must be submitted as part of the plans.
e) A covenant (FORM I) securing all lots within the subdivision for the construction of
ways and municipal services must be submitted to the Planning Board. Said lots may be
released from the covenant upon posting of security as requested in Condition 3(e).
f) Executed right of way dedication easements for the proposed roadway shall be
provided to the Planning Office at the applicant's expense.
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g) The applicant must submit to the Town Planner a FORM M for all utilities and
easements placed on the subdivision. The Board will sign the document and it must be
recorded at the Essex North Registry of Deeds,
h) All application fees must be paid in full and verified by the Town Planner.
i) The applicant must meet with the Town Planner in order to ensure that the plans
conform with the Board's decision, A full set of final plans reflecting the changes
outlined above, must be submitted to the Town Planner for review endorsement by the
Planning Board,within ninety(90) days of filing the decision with the Town Clerk.
j) The Subdivision and PRD Decision for this project must appear on the mylars.
k) All documents shall be prepared at the expense of the applicant, as required by the
Planning Board Rules and Regulations Governing the Subdivision of Land.
2. Prior to any work on site:
a) Three (3) complete copies of the endorsed and recorded plans and two (2) certified
copies of the recorded subdivision approval, Covenant (FORM 1), Right of Way
easements, and FORM M must be submitted to the Town Planner as proof of filing.
b) All erosion control measures must be in place and reviewed by the Town Planner.
3: Prior to any lots being released from the statutorytovenants:
a) The applicant must comply with the Phased Development Bylaw, Section 4(2) of the
Town of North Andover Zoning Bylaw. This project is exempt from Section 8.7
Growth Management as the preliminary plan was filed prior to May 6, 1996 and the
definitive plan was submitted within seven months. However the exemption will only
run for eight years from the date of the endorsement of the plans as set forth under
Mass. Gen. Law.
b) A complete sett of signed plans, a copy of the Planning Board decision, and a copy of
the Conservation Commission Order of Conditions must be on file at the Division of
Public Works prior to issuance of permits for connections to utilities. The subdivision
construction and installation shall in all respects conform to the rules and regulations
and specifications of the Division of Public Works.
c) AlI site erosion control measures required to protect off site properties from the effects
of work on the lot proposed to be released must be in place. The Town Planning Staff
shall determine whether the applicant has satisfied the requirements of this provision
prior to each lot release and shall report to the Planning Board prior to a vote to release
said lot.
d) The applicant must submit a lot release FORM J to the Planning Board for signature.
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e) A Performance Security in an amount to be determined by the Planning Board, upon
the recommendation of the Department of Public Works, shall be posted to ensure
completion of the work in accordance with the Plans approved as part of this
conditional approval. The bond must be in the form of a check made out to the Town
of North Andover. This check will then be placed in an interest bearing escrow
account held by the Town. Items covered by the Bond may include, but shall not be
limited to:
i) as-built drawings
H) sewers and utilities
iii) roadway construction and maintenance
iv) lot and site erosion control
v) site screening and street trees
vi) drainage facilities
vu) site restoration
viii) final site cleanup
4. Prior to a FORM U verification for an individual lot, the following information is required by
the Planning Department:
a) The applicant must submit a certified copy of the recorded FORM J referred to in
Condition 3(d) above, was fled with the Registry of Deeds office.
b) A plot plan for the lot in question must be submitted, which includes all of the
following:
i) location of the structure,
H) location of the driveways,
iii) location of the septic systems if applicable,
iv) location of all water and sewer lines,
v) location of wetlands and any site improvements required under a NACC order
of condition,
vi) any grading called for on the lot,
vii) all required zoning setbacks,
viii) location of any drainage, utility and other easements.
c) All appropriate erosion control measures for the lot shall be in place. Final
determination of appropriate measures shall be made by the Planning Board or Staff.
d) All catch basins shall be protected and maintained with hay bales to prevent siltation
into the drain lines during construction.
e) The lot in question shall be.staked in the field. The location of any major departures
from the plan must be shown. The Town Planner shall verify this information.
t} Lot numbers, visible from the roadways must be posted on all lots.
5. Prior to a Certificate of Occupancy being requested for an individual lot, the following shall
be required:
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a) The roadway must be constructed to at least binder coat of pavement to properly
access the lot in question. Prior to construction of the binder coat, the applicant shall
ensure that all required inspection and testing of water, sewer, and drainage facilities
has been completed. The applicant must "submit to the Town Planner an interim as-
built, certified by a professional engineer, verifying that all utilities have been installed in
accordance with the plans and profile sheet.
b) All necessary permits and approvals for the lot in question shall be obtained from the
North Andover Board of Health, and Conservation Commission.
e) Permanent house numbers must be posted on dwellings and be visible from the road.
d) All slopes on the lot in question shall be stabilized, as solely determined by the Planning
Department in regards to erosion, water run off, and safety,
e) The lot must be raked, loamed and seeded, sodded, or mulched if the weather does not
permit seeding or sodding.
} There shall be no driveways placed where stone bound monuments and/or catch basins
are to be set. It shall be the developer's responsibility to assure the proper placement of
the driveways regardless of whether individual lots are sold. The Planning Board
requires any driveway to be moved at the owners expense if such driveway is at a catch
basin or stone bound position.
g) The Planning Board reserves the right to review the site after construction is complete
and require additional site screening as it deems necessary and reasonable.
6. Prior to the final release of security retained for the site by the Town, the following shall be
completed by the applicant:
a) A stop sign must be placed at end of Brookview Drive where it intersects with Boxford
Street.
b) The applicant must make a donation to the sidewalk fund equal to the cost of
providing a sidewalk along one side of the street for its entire length. The cost
will be determined by the DPW. A donation is required as the Planning Board
has waived the construction of the sidewalk
c) An as-built plan and profile of the site shall be submitted for review and approval.
d) The applicant shall petition Town Meeting for public acceptance of the street. Prior to
submitting a warrant for such petition the applicant shall review the subdivision and all
remaining work with the Town Planner and Department of Public Works. The
Planning Board shall hold a portion of the subdivision bond for continued maintenance
and operations until such time as Town Meeting has accepted (or rejected in favor of
private ownership) the roadways. It shall be the developer's responsibility to insure that
all proper easements have been recorded at the Registry of Deeds.
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e) The Town Planner shall ensure that all Planning, Conservation Commission, Board of
Health and Division of Public Works requirements are satisfied and that construction
was in strict compliance with all approved plans and conditions.
7. The Town Planner will review any signs utilized for this project. The applicant must obtain a
sign permit as required by Section 5 of the Bylaw. The Planning. Board shall approve any
entrance structures. Any lighting used for the entrance signs must be removed prior to
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acceptance of the subdivision by the Town.
8. The applicant shall adhere to the following requirements of the Fire Department:
a) Open burning is allowed by permit only after consultation with the Fire Department.
b) Underground fuel storage will be allowed in conformance.with the Town Bylaws and
State Statute and only with the review and approval of the Fire Department and
Conservation Commission,
9. There shall be no burying or dumping of construction material on site.
10. The location of any stump dumps on site must be pre-approved by the Planning Board.
11. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
12. Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the respective
utility companies.
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13. Any action by a Town Board, Commission, or Department which requires changes in the
roadway alignment, placement of any easements or utilities, drainage facilities, grading or no
cut lines, may be subject to modification by the Planning Board.
14. The following waivers from the Rules and Regulations Governing the Subdivision of Land,
North Andover, Massachusetts, revised February, 1989 have been granted by the Planning
Board:
a) Section 7 A 4 a Dead end streets: The roadway is approximately 1500 ft long. This
waiver is granted due to the fact that this site is surrounded by a wetland resource area
and the roadway will not be extended.
b) Section 7 C 1 Shoulder Width: The shoulder width has been waived at the wetland
crossing from 8 ft to 1.5 ft to minimize the impacts on the wetland resource area.
c) Section 7(p)(1)„Sidewalks: The applicant will make a donation to the sidewalk
fund equal to the cost of providing a sidewalk along one side of the street for its
entire length. The cost will be determined by the DPW.
d) These waivers have been granted in an effort to minimize the amount of cutting and
filling required on site thereby decreasing the amount of erosion and siltation on site.
15. The utilities must be installed and the streets or ways constructed to binder coat by
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(two years from the date permit granted). If the utilities are not installed, the
streets or ays are not constructed to binder coat and an extension has not been granted by the
Planning Board by the above referenced date, this definitive subdivision approval will be
deemed to have lapsed.
16. This Definitive Subdivision Plan approval is based upon the approval of a Special Permit. The
Special Permit and Definitive Subdivision approvals are both based upon the following
information: which are incorporated into this decision by reference:
a) Plan titled: Definitive Subdivision Plan
Brookview Estates
North Andover, Massachusetts
Prepared for: Brookview Country Homes Inc.
PO Box 531
North Andover, Massachusetts 01845
Prepared by: Marchionda&Associates,L.P.
62 Montvale Ave,, Suite 1
Stoneham,MA 02180
Date: September 6, 1996; rev. 3/6/97, 3/17/97, 3/-18/97, 4/2/97
Scale: As shown
Sheets: 1 through 15
b) Booklet titled: Definitive Application for Brookview Estates,North Andover, MA
Prepared for: Brookview Country Homes, P.O, Box 531,North Andover, MA
Prepared by: Marchionda& Associates, Inc., 62 Montvale Ave. - Suite 1,
' Stoneham, MA 02180
Dated: September 6, 1996
cc. Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
Fire Chief
Assessor
Applicant
Engineer
File
Brookview Estates-subdivision
6
BK
PG 71
ti=
t--`' EASEMENT
We, Earle B. Seeley and Kathryn M. Seeley, of North Andover,
County of Essex, Commonwealth of Massachusetts, being the
owners of a certain parcel of land situated in North Andover
and shown as Lot 8 on a plan entitled "Definitive Plan of Land
of Stonecleave Estates II" recorded with the Essex North
District Registry of Deeds as Plan No. 8525 in consideration of
Dollars paid to us by Brookview
V\of Country Homes, Inc. hereby grant to the said Brookview Country
Homes, Inc. an easement to lay, install, maintain and repair a
water line or water main over, under and through that portion
of said Lot 8 shown as a 20 foot wide utility easement on a
plan entitled "Easement Plan, Brookview Estates in North
Andover, MA Prepared For: Brookview Country Homes, Inc. " dated
June 3 , 1997 , Marchionda & Associates, Inc. C.P. Engineering
and Planning Consultants, which said plan is recorded with said
Registry of Deeds as Plan No. 13063 .
This easement is granted for the purpose of extending the
public water line through the easement from Duncan Drive to
land of the grantee as shown on said plan.
As a condition to its entry upon the grantor's land to lay,
install,, maintain or repair the water main located within the
easement, the grantee and its successors and assigns shall
restore the grantor's property to the condition that it was in
prior to its entry. The grantor, its successors and assigns,
shall, upon the completion of the work within the easement,
give to the grantee, its successors and assigns, an
acknowledgement that the property has been restored to their .
satisfaction. 3
The easement hereby granted shall run with our said land and . .
shall be binding on our heirs, assigns, and successors in title. `
WITNESS our hands and seals this 19th day of June, 1997 .
RA�Ii��{gqrtpp ttr
S)V4 f'bA'nSA--,
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COMMONWEALTH OF MASSACHUSETTS
Essex County: ss June 19 , 1997
The personally appeared the above Earle B. Seeley and Kathryn
M. Seeley and acknowledged the foregoing instrument to be their
free act and deed, before me
Notary PILic
My Commission Expires
�.t:, . ,1• xtiiu351,�I1�'���'+PS S��J�Yilll�f'26, 1591
Nov rri i;1't:,i '.Ipy
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!i 11 j�Y•�t'cJ' 1p,�i4 S s a `ti' J
B K 479 PG 73
FORM
COVENANT
June 19�97
North Andover. , Massachusetts
KNOW ALL MEN by these presents that the undersigned has submitted an application dated
Sept. 2 1996 , to the North Andnvar Planning Board for approval of a
Brookview Estates fan b
definitive pier of a subdivis'tan of Jar>Id t3ntiiled: P y:
Marchionda & Associates,L.P dated- Sept. 6, 1996*and owned by, Brookvi Coulltry ,ems., Inc.
address: P. 0. Box 531, No. Andover , land located: Northerly G�o£ x .Qrd_ street
and showing 15 ^ proposed lots. The undersigned has requested the
Planning Board to approve such plan without requiring a performance bond.
IN CONSIOERAT1ON of said Planning Board of North Andover in the county of
Essex aporoving said plan without requiring a performance bond, the undersigned
hereby covenants and agrees with the inhabitants of the Town of Nord Andover as
follows:
I- That the undersigned is the owner' in fee simple absolute of all the land included in the subdtvi- ,
sion and that there are no mortgages of record or otherwise on any of the land, except for thosel
described below, and that the present holders of said mortgages have assented to this contract ,
prior to its execution by the undersigned.
'if there its none than ane 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 tat in the subdivision or erect or place any perms-
nem building on any lot until the construction of ways and installation of municipal services
necessary io 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 9oard's Rules and Regulations governing this
subdivision.
c, The certificate of approval and the conditions of approval specified therein, issued by the
Planning Hoard, dated Aril 16 1997_ .
d. The definitive plan as approved and as qu .Hfied by the certificate of approval. 5 ,i
f
e. Other document(s) specifying construction t. be completed, namely:
Howe`1er, 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 ar convey any lot,
subject only to that porlicn of this covenant which pray, ie5 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. hears, 4
successors and assigns of the undersigned and shall constitute a covenant running with the :and to
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 cartificate of performanco executed by a majority of the Planning Board and
enumerating the specific tots to be rOlease&, and
S. That nothing herein shall be deemed to prohibit a conmeyance by a single deed subject to this
covenant, of either the entire patrol of land shown on the subdivision plan or of all :ots nct
previously released by the Planning Board.
Mas3achuset!s Fe.Owahcn of P1ann-ng and Appeals Eoaros 1972
�AevoseA 1990. T393, 19U, ,
*as revised on March 6, 1997, March 17, 20.17
1997, March 18, 1997 and April 2, 1997 ] ffil
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8. That the undersigned agrees to record this covenant with the North Essex County
Registry of Deeds, forthwith, or to pay the necessary recording tee to the said Planning Board
in the evert 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 of any part of the subdivision in violation of the covenant shad be voidable by the grantee~
prior to the release of the covenant; but Mt later than three(3)years from the date of such deed,
as provided in Section 81-U, Chapter 41, M.G.L
8. That fts 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.
9. Upon final completion of the construction of ways and installation of municipal services as
specified herein, on or before April 27, 1999
the Planning Board shall release this covenant by an appropriate
instrument, duly acknowledged. Failure to complete constnzction and installation within the time
specified 'herein or such later date as may be specified by vote of the Fanning Board with a
wnhen concirrerce of the applicant, shalt result in automatic rescission of the approval of the
plan. Upon performance of this covenant with respect to any lot,the Ptanning Board may release
such [at from (this covenant ay 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 91-U,
as long as such security is sufficierht In the opinion of the Planning Board to secure performance
of the construction and installation; and
M,�aSat'l:.,C1!5 GAY.a:rcn of Planning jm7 Appeals o0aJOS i977.
{Ply+54C '9E J. lgB.a 19�5
20.18
i
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A Anthony/Kathleen Giragosian A "
deeds B Ogunquit: Homes, Inc. B 7
C t l Szees
For title is the Property, see d� r1o� m C Frances , dated _., G- 17-„1
recorded In Essex North Registry of Deeds,�Baat�x x x xx xXxx lxt k f�
trx xxx xxxx itatAIPAIgttW=Zmmffmk- xxx-y.���c i ft x�9� tk r x 1 W�1�
AB� B PP t
)J
The present holder of a mortgage upon the property is G
The mortgage is dated and
recorded in _ Registry of Deeds, Book , Page , cr registered
in land Registry as Document No. , and noted on certificate
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
saute status, farce and effect as though executed and recorded before the taking of the Mortgage and
furyher acrees that the mortgage shall be subordinate to the above covenant.
spouse of the undersigned applicant hereby agrees
that such interest as f,we, may have in ih.9 premises shall be subject to the provisions of this covenant
and ir•sofar as is necessary releases all right's of tenancy by the dower or homestead and other
interests there .
iN V"�ilTf4ES HES,EOE we ha hereunto set our Lands and seals this of
June 19 97 .
B 00 I d COUNTRY HOMES INC.
B
x
` Gary resi t
16
Da id A. Kindred, Treasurer
tlerteace Acceptance by a Maiarity of the Ptannrng Scare ct
One aCkncwledgernent must be completed for each of the following:
Planning board representative
Owner or owners
Spouse at the owner
Morgagee ,
COMMONWEALTH OF MASSACHU5 t i S 11
Essex ss June 6 79 97
Gary Ke loway, President and
Then personally ap_eared tefore me the aboYe na av A. Kindred, �Ie;k d"kecced
the foregoing instrument to be Vie.._,__.__ a act and d, o Brookview Country Homes, Inc.
gmaure or Notar f Puntic
Philip R. Shea
?ply commission expires August 23,_ 2002
mesa;-,jsp::;=taeraoon v Piann,ng anC AC*eai5 503ir$ 1972
(Revrsec] 19E0 '947 f'3283
20,19
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-49
FORM T
COVENANT
June 19—AL
North Andover - - , Massachusetts
KNOW ALL MEN by these presents that the undersigned has submitted an application dated
Sept. 2 1996 , to the Planning Board for approval of a
definitive plan of a subdivimn of land enlitled: Brookview Estates , plan by:
Marchionda & Associ:ates,L.Pdated Sept. 6_, 1996*and owned by: Brookvie s., Inc.
address: P. 0. Box 531 No. Andover . )and located: Nnrrherj�L Silo of. Bnxford_. Street
, and showing _15 proposed lots. The undarsigned 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 requjriWa performance band, the undersigned
hereby covenants and agrees with the inhabitants of the Town of. Nor.tli Andover as
follows:
1. That the undersigned 's the owner" in fee simple absolute of all the land incuded in the subdivi-
sion and that there are no mortgages of record or otherwise on any of the land, except for those
described glow, and that the present holders of said mortgages have assented to this contract
prior to its execution by the undersigned.
"If there is nore 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 perma-
nent building on any lot until the construction of ways and installation of municipal services
necessary to adequately serve such lot has been completed in acc❑rdance with the covenants.
conditions, agreements, terms and provisions as specified in the foilowing:
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
Plano€ng Board, dated Aril 16 19 7_ ,
d. The definitive plan as approved and as qu .jified by the certificate of approval.
e. Other document($) speclfvin`g construction t^ be completed, namely:
However, a mortgagee who acquires title to the mortgaged premises by foreclosure or otherwise
and any succeeding crNner of the mortgaged promises or part thereof may salt or convey any lot, '
subject only to that p❑rlicn of this covenant which prm. Pert that no lot be solo or conveyed or shall
be built upon until ways and services have been provided to serve such lot.
1 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
incluced in the sul✓division and shall operate as restrictions upon the Jana.
d, That particular lots within the subdivision shall be released from The foregoing conditions upon
the recording of a c ertsfirate of perdurmanao exe�-,uted by a majority of the Planning °oard and
enumerating the specific lots to bae refea eft; and
b, That nothing herein stiall be deemed to prohibit a conveyance by a single deed subject to this
covenant. of either the entire paicef of land shown on the subdivision plan or of all ,ots nct
pruv=sly released by the Planning Scard.
>.1ass,}C3'.usects FtoarviCn A Plarn,nq an(; aooeais P.nojs 1V2
*as revised on March 6, 1997, March 17, 20'17
1997, March 18, 1997 and April. 2, 1997
G. That the undersigned agrees to record this covenaini with the North Essex County
Registry of Deeds, forirttrith, or to pay the necessary recording fee 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 of 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 Board and shall take effect upon the endorsement of approval.
9. Upon final aomple6orn of the construction of ways and installation of municipal services as
specified herein, on or Before ,April 27, 1999
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
wntl,en concurrence of the applicant, shall result in automatic rescission of the approval of the
plan, Upon performance of this covenant will) respect to any lot, the Planning Board may release
such lot from this covenant lay 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 di, Section 81-U,
as long as such security is sufficient in the opinion at the Planning Board to secure performance
of the construction and installation, and
massac^su5eit5 Feae!aucn of Planning ana appeals 8oa[03 1972
1987 IWI
20.18
j } I
A) George H. Giragosian A) 1/10/85
B) Rocky Brook 'Realty Trust B) 10/18/95
For title to the property, see dew Irom Q Nellie Szelest dates G) 6/25/69
recorded In Essex North Registry of Oeeds; icx Y e� xxxxXxx t�gistra dx
imxxxxxxxxxxxxxxxxxx kZftdfkK;iStWgMZM,UR ktkXxxx xxxx d fli isRwkR
ttrgC�flGICX7�XXXX;C�IKE� �i165rx7rxxxxxX�rx r r�rxx B Bao . 43E�a Page 2 ;
Boole . 1134 Page 68
t ne present notder or a Mortga upon the propeny-ts—� g o
The mortgage is dated and
recorded in Registry of Deeds, Book , Page , or registered
in _ Land Registry as Document No. , and noted on certificate
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 slates,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.
, spouse of the undersigned applicant hereby agrees
that such interest as I,we, may have in the prerriisas gull 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. 1
IN WITNESS W EREOF we have hereunto set our hands and seats this /
June _ , q -L .
OGUNQUIT ME , ING.
B
l�
ony G a an
thleen . za osianl Acceptance by a Majority of the Planning 8aarn of
r tv7 _......._ ---
Frances Szelest
One ackncwtedgement must be completed for each of the following:
Planning Board representative
Owner or owners
Spouse of the owner
Morgagee
COMMONWEALTH OF MASSACHUS s i S
Essex ss „_yjune 24
Then personaily appeared before me the above named Richard B, Rowen and acxnowledged
the foregoing instrument to be the____.....__ free act and deed. of Ogunquit Homes, Inc,
1.
SiQr!atur .Vo1ar� Putsl!c
My commission expires
Massac-.aen;�eao.annn at Plannmg antl Apaea!s aoaias 11372
(RRvise,: !9EU !9Z3 !928i
• > fir• {, r � �4:�'n'�:`�+'�4 'i 1•l i�, I�}'r,:: :e.x+ir`..t:er•:.'
4h. hNP_i r 4''•'.e:
- �.. .' r.r 1,. •at`+`.+`!1 Hey�`.:s!(..}1 �''�..J�,I. ryl)1y Sys r�•� he . ! .. . r
�� _ .. .'r 14 � • ,S•3 1 +rr.y .•.r.'!4:. 1k i�:.E� T.iR yr.11 /`.�jv�i.yM,r�l11 \�'f`��4� lt�� 's ''� }ter � � }{z �1;•
r '1 i'.f I; •.�i,.t 'y.ti. s�r�,�aflEi;/ifl;7�.a27���q� 1' rNlr�. �• , 1 r, y /'r"iyl'!.
COMMONMALTH ar,,MASS.A[„ USErTS:
Essex County r ss June
19 97
and athieen "Giragosian and
Then personally appeared before me the above namedAnLhony Giragosiatl�ickj:owled,esl
the foregoinq instrument to be th r free act and deed.
,r I
r
Slgrature of Notary c"�Jl.lo
MY commission expizes � ..�let
CfJMN1ONWEALTE OF ltASSACNU5e.'::"S I
.dune 1 � icy 97
The:3 personally avraeareu before me the above named y h r attorney, peter Caruso
p 1 Frances Sze este] acknow .edye6 and
c:�e farr5oznq :15L'=umer,t to be her free act and cited.
Signat(ur ,. of Nor_axi ?Lni_c
T My contmissioA eXpLZa5 2'
COMMO?'(`wj-:ALTH OF M-ASSAMITUSE TS
T:en personally appeared 9 eG�Gr� P a t �i .s IJ`� ZIs
t, AGn?wcan� or his/its auth' riled a and
forecroinq insz.rumencc to be his or : act and deed and th,-
x ree ac w and deed a z the App L icanL e e me .
Ho�a�^I Pu�1..S.c
t4,V COTamiss on ":�pi^e^. � 3 0
i
f r .
�. 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 and/or by the Covenant dated
19 Book �_ and recorded in District Deeds,
Page -; or registered in
��
aL nd Registry District as Document
No. and noted on Certificate of Title No.
in Registration Book , Page
has been completed/partially completed, to the
satisfaction of the Planning Board to adequately serve the
enumerated lots shown on Plan entitled it
kxl Section (s) , Sheets
Plan dated 19 _ recorded by the
z Sm Registry of Deeds, Plan Book or
registered in said Land Registry District, Plan Book ,
Plan 43 , 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) )
V2-3 e Vt/�
b. (To be attested by a Registered Land Surveyor)
/
I hereby ertif that lot number (s) / yfJ/Ol �-f on
/niJ4 /fT�i do
conform t9 layout s Spawn on Definitive Plan entitled
Section Sheet (s)
`] I �5/Q 7
Regist red and Surveyor -
STEPHEN M.
MEGESCIUC v
No. 39049
Pv
1 of 2 ;�,yNF�s.. .."toe
C. The Town of North Andover, a municipal corporation situated in
the County of Essex, Commonwealth of Massachusetts, acting by
its duly organized Planning Board, holder of a Performance
Bond or Surety dated , 19 , and/or
Covenant dated , 19 from
of the City/Town of
County, Massachusetts recorded with
the District Deeds, Book Page
or registered in Land Registry District as Document No.
and noted on Certificate of Title No. , in
Registration Book, , Page , acknowledges
satisfaction of the terms thereof and hereby releases its
right, title and interest in the lots designated on said plan
as follows:
EXECUTED as a sealed instrument this `day of 0--4016 19q
Majority of the
Planning Board
I
of the Town of
North Andover `.', f
COMMONWEALTH OF MASSACHUSETTS
ss 191�
Then personally appeared zo� LL� , 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.
Notary Public
My Commission Expires
2 of 2
ESSEX NORTH RE:GIS'FRY OF- [)E
LAWRENCE, MASS,/
FORM J
1G LOT RELEASE
The undersigned, being a majority of the Planning Board of the Town
of North Andover, Massachusetts, hereby certify that:
i
I
a. The requirements for the construction of ways and municipal
services called for the Performance Bond or Surety and dated
, 19 and/or by the Covenant dated
� ��inP� , 19,� and recorded in District Deeds,
Book - X47Z ., Page' ,75 ; or registered in
Land Registry District as Document
No. and noted on Certificate of Title No.
in Registration Book , Page
has been completed/partially completed, to the
satisfaction of the Planning Board to adequately serve the
enum rued lots shown on Plan entitled " -
�. .s s Section (s-)- Sheets
Plah dated 19 92 recorded by 'the
_ eX ItId , x Registry of Deeds, Plan Book , or
registered in said Land Registry District, Plan Book ,
Plan 3 DS` , and said lots are hereby released from they
restri-et—bn as to sale and building specified thereon. C.:
Lots designated on said Plan as follows: (Lot Number (s) and
street(s) )
b. (To be attested by a Registered Land Surveyor) ' rH2,2
I hereby certify that lot number kel on
$ ?-..VlV--- w Dv-\V S r—E� � do
conform to layout as shown on Definitive Plan entitled
Section Sheet (s) IS+r/7 u
kV OP Mass c�
U STEPHBN M.
MECESCIUC N Registered Land ,Surveyor
t No. M9
v
'►9*0 SR��yC
11
1 of 2
C. The Town of North Andover, a municipal corporation situated in
the County of Essex, Commonwealth of Massachusetts, acting by
its duly organized Planning Board, holder of a Performance
Bond or Surety dated , 19 , and/or
Covenant dated , 19 from
of the City/Town of l
county, Massachusetts recorded with
the District Deeds, Book , Page
or registered in Land Registry District as Document No.
and noted on Certificate of Title No. , in
Registration Book, , Page , acknowledges
satisfaction of the terms thereof and hereby releases its
right, title and interest in the lots designated on said plan
as follows:
� EYPCUTED as' a sealed_ instrument this —day of 60 U':S , 19
14 -f
Majority of the
---- Planning Board
of the Town of \ �
North Andover
COMMONWEALTH of MASSACHUSETTS
Essex , ss August 19 , 19 97
Then personally appeared Richard S. Rowen , 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.
Notary Pub�tT
December 11, 2003
My Commission Expires
2 of 2
f
w
ESSEX NORTH ;�EG;S
A J' Ua COPY;
ES7
Y
f2EGrS rER OF p
GK 4779 PG 76
FORM ht
CONVEYANCE OF EASEMEN$AND VUHATIKS
Brookview Country Home ,�ttamnofowncr] 00 Marbleridge Rd., North Andq� dys eaex
U i
CountY,Maaathusclls;Cur the aonsideralion off harcby grants,IunsfG+s end deGrcrs unto the
Town of tYorlh Andover,A munidpal corporation to Ssaex t'.`osnty,the leilowinq:
RRXxx�lsl�t�iittiWlf �Kft�1��S>tK�xtpxldowevsrrxx
�ltt�scxaax�rorr�tlgtt��4l�tdcxx
�t�r�a�r��umdllidt�aMki�it� M�tiirmA0Ii1+I�l�®n�Crnt�c><o�d�¢�k
�a�totsmcuaailamodrr�itr3�tslogttutalr�dratt�ait���� txxtt�lact<torldfrxx
� �,�xirec�w3xG�xbxxx
r�pf0'�!Yliitst�ll!�tgpps4etctqucx�drtlrtruhtxxxxxxxxxxxxxxxxxxxxxxdptcn*ux
xxxxxxxxxxxxxxxxxxY, 6ti li4kigi"4&*V�lt1!'�
xdfddtltlllrRl tfK 1rAnlla<]]t
Hltxxxmwywpowdtivuwaw drtUaKtwktxxxxxx�xxxxxxxxxxxxx dacrmibam�u{aputptanr�C
xhx, p{�C�rrlrllfm�taeltazxxxxxxxxxxxxxxxxxxxxxxxxs0xitttatl�lkmswcnk
�trta3ht�iavrzmrd:latt>mdoi>�ix3esntt"4tdxxfulk�
A. The right to pass and repass by foot, motor vehicle and other means of
transportation over Drookview Drive and to repair and .maintain said
brcokview Drive as shown on a plan entitled "Definitive Subdivision Plan,
Brookview Estates, North Andover, Massachusetts Prepared For: Brookview
Country Homes, Inc.,, dated SeptAmbbr 6, 1996 as revised,'on'iMareh 3, 1997,
March 17, 1997, March 18, 1997 and April. 2, 1997, which said plan is recorded
with the Essex North District Registry of Deeds as Plan No, t3aSCf,
The easement hereby granted shall not vest in the. said Town of North Andover
until Brookview Drive is duly accepted as a public way by the Town of
North Andover.
JUN 20197 PH12:56
The grantor warrants that the aferesald easements no free and clear of all Iic,u ur cncumbrnnces,that he(it)
has good title to transfer the same,and tbat he will defcod tho tame against claims of tl� rs�gs.
ppthonjy(IK thleen Giragosian t'jNr-'
Fat grantor's title sea dead from tl un ulk, o ea Inc.dated 1!!�,and
recorded in Eaeex No. Dytricl egittry of Deeds,19t+aAttxxxxxxxxxxxxxxxxx�txxxxxx herewith.
>Psttsrp�t — xxxxxxxxK)tu tlsm txxxxxxxxxxxxx�gimr twwdw. l<x
xxxxxxxxxxxj,db l na x_xKxXxxatxx
This is not a homestead property
To be oumplotcd if a mortgage exists:
the present holder
And
of a morlyage nn the above described land4mo dated and recorded
in said Deeds,gook ,Page aid,hereby taioaacsunto the Cown(owver ErnstIho operation of;aid mortgages,the rights �RYe Al aa . uts thereui.
B
Aulhuricd sreof Ivfortgrgee
fN 5V!'!'N>r5S WHEREOF we balinds ar�d SCnls Ibis "E day of
June 19 97
sa 6
i
3
COWNIONWEALTH OF MASSACRUSI&M
Essex June t9 97
yy a) Ali �YI�
Then persaoally appeored the al1nvu named AP,t, t1�+ r an nawledged the roregaiag to be
the hen act and deed, ittelcVAMW of roa v ew ry am a, Inc. before me
Notary Pub!c p Shea
Ivry Commission Expires:
8123/0
NOT@; This conveyancz is not effective until acccpted by Town Wreeting,
i
ESSEX NORTH REEK RY 9F DEE r
A TRUE C()R% ±I'p2M
. �
. ,
Ow, �4.up
RFG�Is ER or DEM
BK 4779 PG 78
FORM N1
CONVEYANCE of EASEMENTS AND Ifl'11,1111:S
Andover, Essex
Brookvi.ew Country Homes, Iij(aicneofownor)of 40 1•larbleridgo Rd, North / ,(aildre4s)
Calmly,hfamachascus;for Ole consideration of $1.00 hereby grants transfers and deli%ers unto lice
Town of North Andover,a nuiokipul corporation in Essex County,tha fallowing:
A. The parpOual rights and 0=11cicts to cnrutruct,inspect,repair,reinuvu,replarc,Operate:rod forever
maintain(1)n sanitary SCWer or sc%varS with any manitoles,pipes,conduits and other appnctcilartces,
(2)pipes,conduits and their appurtenances for the con%'cyas re of water,and(3)a covered surface and
ground water drain or drains with any nlanholos,pipes,conduits and Ittelr appurtenances,and to do all
other acts incidental to the foregoing, inchtding the right to pass along and aver the land far rile
aforesaid Purposes, In, tltrough, and under the whole of Broolcview Drive* dater!
Sept. 6, 1996 _,said plan Is made and said plan is incorporated herein for a complete not!
dclallcd descrilllion ot's:rid ruads, *its shown op a Plan entitled "Definitive Subdivision
Plan, irookview Estates, North Andover, Mnasachusetts
H- The lie roe.Lual rights nml easeinents to use for (dcsaibe use/purpose)
the fallowing parcel of land situated oil (Stret:t) in said'Town of �
North Andover and hounded and dcscrlbed as follows:
Also included in this conveyance, but not by way of limitation, is: CA
A. A drainage easement over that: portion of Lot 6 and Lot 7 shown on e
said plan as "Proposed Drainage Easement" including the right to go
upon said lots within the said Easement to maintain the retention areas
thereon to insure the proper flow of water into and from said area.
B. An easement to lay, install., maintain and repair a %•rater line or water main
under and through that portion of the "Open Spaces' and Lot Y1 shown on said
plan as "Proposed 20 ft. wide Utility Easement" and chat portion of the land
of Earle B. Seeley and Kathryn M. Seeley shown as a 20' wide utility easement
on a plan entitled "Easement Plan, Brookview Estates in North Andover, MA
Prepared Vor: Broolcview Country Homes, Inc." dated .Tune 3, 1997, Marchionda
& Associates, Inc. C.P. Engineering and Planning Consultants, which said
plan is recorded with said Registry of Deeds as Plan No. �.
The easements hereby granted shall not vest in the said 'Town of North Andover
until Broolcview Drive as shown on the aforesaid plan is duly accepted as a
Public way by the Town of North Andover and until the said Earle B. Seeley and
Kathryn M. Seeley or their successors in title have acknowledged that the property
has been restored.after the installation and/or repair of said water main.
J11 120'97 PHIMS
The grantor wafranis that tire aforesanl£alcnionts are free and clear of all IiCaS UI'CaCtIMllSril IM,tllac he(Et)
MIS good title to transfer the sari`,mid that he will defend tho samc against claims f dl krseas,
�J Anthony(Kathl.een Giragosian A
deeds B OgunSu t E3ormpes Inc. 13 I fr-97
For grantor's title sec;Eli311tfrom Irimces Szeles�_ _ _dated C Gkfi,c 1997 , and
rccordcd in Essex No. DL%Iriet Rvgislryof f)eecls, Herewith,
orxmdonfa'arliEicat�utitELittsa�oxxxx xx x xxx�cfalrl�gyrity4isxxxxxxxxxxxxx�Kl fg:K$�Y,g�.x71����,�,> ,�x
xxxxxxxx2ixyk,3autxxxxxxxxxxxxxxxxxxxxxxxxx
Thk is not a lEomestcrid property,
To he courploted if a mortgage exists:
And_ the present!folder
of it rnorl6ag on Ill!'above dCSrrlbed land4', Ls: c Ls dated 19 and recorded
in said Derds,Book rage ion paid,lierehyrq�cases unto the Town forever front
Ihe,ope'r Lion of said mortgubns,the rights s herein ahovc gr�bted and ossesus therein.
d COU RY #t91iES, INC.
Authurive.d siguaturc of Ntorigagec � Alf,
fN WITNESS WHEREOF we hanulds and scats ibis
.tune _—'19 97 --
Imo,�i„✓�r a .,r,,r,,, /f/7/
COMMONWEALTH OF MnSSACITUSETT5
Essex ss June ig 97
—Aiz) A. lllawAy �t
Then personally appeared the abava named Av4 A-.t4jt( jt ` eA5 and acknowledged the Coregoing to be
the free act and dt:ed,UfbWYdT2X, of Broo v era mes, Inc. before me
Tatar)- Pttbl , Philip""R-;Shea
MY Commission Expires:
8/23/02
NOTE- This conveyance is not effective until accepted by Town Meeting.
. � 'T'f�;l.JiT C:OI='Y: fi"i"f'f•Vti�'T` -
4;U
l
REGISTER OF ME D
i
r'
CORPORATION DEED
BROOKVIEW COUNTRY HOMES, INC. , a Massachusetts corporation duly
organized under law, having a place of business in North Andover,
Essex County, Commonwealth of Massachusetts
FOR CONSIDERATION PAID, and in full consideration of One and 00/100
($1.00) Dollar
GRANTS TO: THE TOWN OF NORTH ANDOVER, a municipal corporation
established under the laws of the Commonwealth of Massachusetts, i
through its Conservation Commission
WITH QUITCLAIM COVENANTS
A certain parcel of land situated in said North Andover containing E
25.37 acres and being shown as an area designated "Open Space" on a
plan entitled "Definitive Subdivision Plan, Brookview Estates, North E`
Andover, Massachusetts, Prepared for Brookview Country Homes, Inc." �
dated September 6, 1996, Marchionda & Associates, L.P. , which said
plan is recorded with the Essex North District Registry of Deeds as
Plan No. { pS and to which said plan and the record thereof
reference s hereby made for a more complete description of said open ��
Space.
Said Open Space is conveyed to said Town under the provisions of
i .` Massachusetts General Laws, Chapter 40, Section 8C and the provisions
of Article 49 of the Massachusetts Constitution, to be managed and
controlled by the said Conservation Commission of the Town of North
Andover for the preservation and development of the natural resources
and for the protection of the Watershed Resources of said Town.
Being a portion of the premises conveyed to the Grantor by deeds of
Anthony Giragosian and Kathleen Giragasian, Ogunquit Homes, Inc. and
Frances Szelest dated June (_, 1997 and recorded herewith.
IN WITNESS WHEREOF, the said BROOKVIEW COUNTRY HOMES, INC. has
caused its corporate seal to be hereto affixed and these presents to
be signed, sealed, acknowledged and delivered in its name and behalf
by its President and Treasurer hereto duly authorized, this ___a_ day
of June in the year one thous nd nine hundred and ninety-seven.
BR KVIEW COUNT Y HOMES, INC.
Ga ell<aQay, re den
By:
a id dred, Treasurer
THE COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss. June , 1997
Then personally appeared the above named Gary A. Kelloway,
President, and David A. Kindred, Treasurer of BROOKVIEW COUNTRY
HOMES, INC. , and acknowledged the for oing instrument to be the
free act and deed of Brookview Coiih y ones, Inc. , before me,
Ph 1 p n. phea, Notary Public
My Commission expires: 8/23/2002
NSA ND2.0/OAT
SW 13'ur„ +��
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