HomeMy WebLinkAbout1979-07-02 Legal Document DEF SUB COVENANT
KNOW ALL MEN BY THESE PRESENTS that whereas John W. Warlick
has submitted an application dated January 12, 1979 to the North
Andover Planning Board for approval of a definitive plan of
a certain subdivison entitled "Hardtcourt Estates" and dated
January 10, 1979 and has requested the Board to approve
such plan without .requiring a performance bond ,
IT IS HEREBY AGREED, that in consideration of the North
Andover Planning Board approving said plan without requiring a
performance bond, and in consideration of one dollar in hand paid,
receipt whereof is hereby acknowledged, John W. Warlick (the
undersigned) covenants and agrees with the Town of North Andover
as follows
1 . The undersigned will not sell, any lot in the sub-
division or erect or place any permanent building; on
such lot until the construction of ways and mun-
icipal services necessary to serve adequately such
lot has been completed in the manner specified in the
aforesaid application and in accordance with the
following conditions;
a. That all such construction and installations shall.
in all respects conform to the governing rules
and regulations of this Board;
b. That any change made to the definitive plan by
other town agencies or officials shall, be sub-
mitted to the Planning :3oard ;
c . That individual sept4c system permits must be
obtained fro-li the Board_ of Health, prior to the
issuance of a buildin- permit.
d. That the developer shall , prior to the sale of
individual lots to individual. owners , submit to
the Board of Health percolation tests -:,owin,;
LAW OFFICES of the suitability of said lots for the installation
REGINALD L. MARD£N
X. CENTRAL STREET of subsurface disposal systems for single fat i!W '..
ANDOVER, MASS,01010
dwelli.n,,;s ; however, such restriction shall not
TEL: (017) 470.0471
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prevent -the mortgage of said lots or the sale
to developers or home builders against whom this
condition shall also remain applicable and enforce-
able until complied with;
e. . That a Notice of Intent shall be submitted by the
applicant to -the Conservation Commission in
accordance with the Wetland Protection Act , Ch. `31
of the Massachusetts General Laws;
f. That the Hydrants (5) shall be located in accordance
with the Fire Department letter dated February 12,
'!979 and as marked on said plan by the Board of
Fire Engineers , and that the Tire Alarm be brought
in from. Graat Pond Road and Pond Street to the
Development, and One (1 ) Street Box on Bonny Lane
near Lot No. 1 as per fire department instructions;
�. That all water improvements shall be in accordance
with the recommendations of the Board of Public
Works letter dated February 22, 1979 including the
additional recommendations of the Board of Public
Works in - said letter as follows:
1 ) a report including hydraulic computations , flow
and origin of drain pipes existing on the
property, estimated sodium impact on the lake
and estimated nutrient loading; on the Lake as
well as a construction schedule and the amount of
fill to be placed
h. That the recommendations of the highway Surveyor' s
Letter dated February 26, ` 979 shall be adhered to as
follows:
LAW OFFICES OF
RrGINALD L. MARDEN
28 CENTRAL.9TREE V '..
ANDOVER, MASS.01810
7EU (017)470.0477
2
}
1) tho undersigned shall grant an easement
across Lot No. 8 far the extension of Bonny
Lane, as shown on said plan;
2) Drainage ' outlet " from the drainage' on.,the
existing Campion •Hall ..Dj�ivoway as 'shown- on
on the plan;
3) Manholes shown in front of lots 7 and 9 to be
changed to catch basins and to be aligned
with catch basins shown on the plan;
4) All parallel and underground telephone and
electric lines to be put on the westerly ,side
of the road;
5) Shoulders on the northerly or uphill side of
Bonny Lane to be swaled and subdrains installed
where necessary to be determined in the field.
Slopes in shoulders not to start on two to one
ratio until the toe is established at the edge
of the streets fifty foor layout. Slope ease-
ments to be required where necessary.;
6) Cape Cod berms to be required where necessary
to be determined in the field;
7) 25 foot drainage easement as shown at the end
of the subdivision to be transferred to correspond
to the new cul-de-sac design and layout ;
8) All easements to be deeded to the To�,m of Worth
Andover;
9) No house drams to be discharged towards street
area; any house d-rains to be incorporated with
street drains shall be as per approval of the
Board of Health and to the specification of the
North Andover Highway Department;
p) That the drainage system at Campion Hall shall
be dye-tested and the discharge points shall be
LAW OFFICES OF determined; and
REGINALD L. MARDEM
X9 CENTRAL STREET i I That existing drain lines as well as any draina,,.
ANDOVER, MASS.011310
or subdrainage that may be needed. shall be deter
TELS (617)470.0477 mined in the field and be incorporated into the
existing drainage system as planned.
i. A Certificate of Compliance from the Conservation
Commission steal be .required prior to a release
of any bond or covenant.
2. This agreement shall be binding upon the Executors,
administrators, divisees, heirs , successors and assigns
of the undersigned. It is the intention of the undersig ed'
and it is hereby understood and agreed that this contract
shall constitute a covenant running with the land in-
cluded in the aforesaid subdivision and shall operate
as restrictions upon said land. It is understood and
agreed that Lots within the subdivision shall, respect-
ively, be released from the foregoing conditions upon
the recording; o:' a certificate of performance executed
by a majority of said Planning Board and enumerating
the specific lots to be so released, all as provided
by Section 81--U, G. L. c. 41 .
3. The undersigned represents and covenants that undersigne
is the owner in fee simple of all the land included
in -the aforesaid subdivision.
IN W1TRTESS WHEREOF the undersigned, applicant as aforesaid,
does hereunto set his hand and seal this 22nd day of October, 979
Applicant :
J h-n IT Jarl 'cl�
LAVY OFFICES OF
RMNALD L.. MAR€ EN
PS CENTRAL STREET
ANDOVER. MASS. Of010
7ELi (0}7) 470.0477
-- 4 -
i
1
COMMONWEALTH OF MASSACHUSETTS
i
Essex, ss. October 22, '1979
Then personally appeared -the above named John W. Warlick
I
and acknowledged the foregoing to be his Free act and deed,
before me, t
ReginaldL. I�Iarden, Notary Publ
My commission expires: 6-25- 198 '
LAW OFFICES OF
REG[NALD L. MARDEN
29 4ENYRAL STREET
AND OVER, MASS. 01010 '.
TEL1 (617) 470-0477