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HomeMy WebLinkAbout2009-10-06 Legal Documents DEF SUB Qa ILO OR AC Us PLANNING DEPARTMENT Coiyununity Development Division Corrective Form I - COVENANT WHEREAS,the undersigned executed that certaln Form I—Covenant,dated May 11,2011 and recorded at Book 12628, Page 307(the"Original Form I'),which Original Form I Included a scriveners error by making certain references therein to Lot I which should have been made to Lot 3, and the undersigned now desires by this Corrective Form I—Covenant to correct such scriveners error by amending the Original Form I to correct such references and by restating It In Its entirety as hereinafter set forth; NOW THEREFORE, the Corrective Form I shall supersede and replace the Original Form I— Covenant,With the Original Form I hereby being amended and restated as follows: KNOW ALL MEN BY THESE PRESENTS THAT WHEREAS the undersigned has submitted an application,dated July 1,2009 to the North Andover Planning Board for approval of a Definitive Plan of a certain subdivision bearing the name of Kelsey Lane, and has requested that the Board approve such plan without requiring a performance bond, THIS AGREEMENT WITNESSED THAT, for the consideraflon that the North Andover Planning Board waive the aforesaid requirement for a bond,the undersigned covenants and agrees with the Town of North Andover as follows: 1. The undersigned will not sell"Lot 2"and"Lot 3" (as defined below)"until the work on the ground necessary to serve such lot adequately has been completed In the manner required In the aforesaid application, and In accordance with the covenants,conditions and agreements thereof, (except for the following particular Items of work,the performance of which shall be exempt from the conditions of this contract): None.-. Page 1 of 3 120 Main Street, North Andover, Massachusetts 01845 Phone 978,688,9535 Fax 978,688,9542 Web www,townoftiorihandover.com * Lot 2 and Lot 3 as defined as shown on a plan entitled"Definitive Subdivision Plan for Kelsey Lane located In North Andover, Mass.,"prepared by Christiansen &Sergi,Professional Engineers and Land Surveyors, 160 Summer St., Haverhill, MA, Including sheets 1-5,dated May 19, 2009 and recorded herewith as Plan No. 16484,sold property being a podlon of the land more particularly described In deed recorded at Boole 8308, Page 228, excepting and excluding therefrom(1)such property as was conveyed to North Andover Realty Corporation by deed recorded at Book 9118, Page 103 and(ii)Lot 1 or any portion thereof as it is shown on said plan above, which Lot 1 Is Intended to be reserved unto the current owner thereof and Its successors and assigns. 2. The undersigned agrees to record this agreement in Noah Essex Registry of Deeds as required by the Rules and Regulations of the North Andover Planning Board, 3.The undersigned agrees that this contract shall be binding upon his/her heirs,executors, and administrators,and particularly upon any grantees of the undersigned. It is the Intention of the undersigned, and it Is hereby understood and agreed,that this contract shall constitute a covenant running with the land.Lots 2 and 3 within the subdivision shall respectively be released from the foregoing conditions hereof upon the recording of a certificate of performance executed by a majority of said Planning Board which certificate shall enumerate the specific lots to be so released. There are no mortgages of record or otherwise on any of the land In the aforesaid subdivision except as described below and the present holders of said mortgages have assented to this contract prior to its execution by the undersigned, IN WITNESS WHEREOF, the undersigned,applicant as aforesaid, does hereunto set his/her hand and seal this_J day of March,2018. Description of Mortgages(Give complete names and Registry of Deeds reference): None. Assents of Mortgages I Not Applicable, E Print name;William Gillen E f i (00008115,A) Page 2 of 3 120 Main Street, North Andover, Massachusetts 01845 Phone 978,688.9535 Fax 978.688.9542 Web www.townofnorlhandover.com i COMMONWEALTH OF MASSACHUSETTS Essex County, ss On this-L daq of March,2018,before me,the undersigned notary public, personally appeared William Gillen,proved to me through satisfactory evidence of identification,which was a Massachusetts drivers license,to be the person whose name is signed on the preceding or attached document, and acknowledged to me that it is his free act and deed and that he signed it voluntarily for its stated purpose. Notary*Pubi 1 q 4. Vr;-a r� My Commission Expires: -.6 . 1 3r 1' { G.VAl13 Aid Notary PuWlo lot COMMONWEALTH OF MASSACHUSEM My Comrntmlon Expires July s,2016 (WO8115;v4) Page 3 of 3 120 Main Street, Forth Andover, Massachusetts 01845 Phone 978,688,9536 Fax 978,688,9542 Web www,townofnorthandover.com A Y 1 Sk 12528 PS307 1014569 06--'27-201 1 a 02 0 o4p �oRr na r+" sICH PLANNING DEPARTMENT Community Development Division Form I - COVENANT Nil KNOW ALL MEN BY THESE PRESENTS THAT WHEREAS the undersigned has submitted an application, dated July 1,2009 to the North Andover Planning Board for approval of a Definitive Plan of a certain subdivision bearing the name of Kelsey Lane, and has requested that the Board approve such plan without requiring a performance bond, THIS AGREEMENT WITNESSED THAT,for the consideration that the North Andover Planning Board waive the aforesaid requirement for a bond, the undersigned covenants and agrees with the Town of North Andover as follows; 1.The undersigned will not sell"Lot 1"and"Lot 2"(as.defined below)"until the work on the ground necessary to serve such lot adequately has been completed in the manner required in the aforesaid application,and In accordance with the covenants,conditions and agreements thereof, (except for the following particular items of work,the performance of which shall be exempt from the conditions of this contract); None, "Lot 1 and Lot 2 as defined as shown on a plan entitled°Definitive Subdivision Plan for Kelsey Lane located in North Andover, Mass.,"prepared by Christiansen&Sergl, Professional Engineers and Land Surveyors, 160 Summer St., Haverhill, MA, including sheets 1-5,dated May 19,2009 and recorded herewith as Plan No._1(�e q B q ..,said property being a portion of the land more particularly described in deed recorded at Book 8308, Page 228, excepting and excluding therefrom(i)such property as was conveyed to North Andover Realty Corporation by deed recorded at Book 9118, Page 103 and(0)Lot 3 or any portion thereof as it Is shown on said plan above, which Lot 3 is intended to be reserved unto the current owner thereof and its successors and assigns. 2. The undersigned agrees to record this agreement in North Essex Registry of Deeds as required by the Rules and Regulations of the North Andover Planning Board. Page ] of 2 1600 Osgood Street,Horih Andover,BIdg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978,686.9535 Fax 978,688.9542 Web www.townofaorthandover.com Bk 12528 Pg308 #14569 3.The undersigned agrees that this contract shall be binding upon his/her heirs, executors, and administrators,and particularly upon any grantees of the undersigned. I It Is the Intention of the undersigned, and it is hereby understood and agreed,that this contract shall constitute a covenant running with the land.Lots 1 and 2 within the subdivision shall respectively be released from the foregoing conditions hereof upon the recording of a certificate of .' performance executed by a majority of said Planning Board which certificate shall enumerate the specific lots to be so released. There are no mortgages of record or otherwise on any of the land in the aforesaid subdivision , except as described below and the present holders of said mortgages have assented to this contract prior to Its execution by the undersigned. IN WITNESS WHEREOF,the undersigned,applicant as aforesaid,does hereunto set his/her hand and seal this 11 th day of May,2011. Description of Mortgages(Give complete names and Registry of heeds reference): None. Assents of Mortgages Not Aopllcable. oel Print name:William Gillen COMMONWEALTH OF MASSACHUSETTS Essex County,ss On this 1 lth day of May,2011,before me,the undersigned notary public, personally appeared William Gillen,proved to me through satisfactory evidence of identification,which was a Massachusetts drivers license, to be the person whose name is signed onthe preceding or attached document, and acknowledged to me that it is his free act and deed and that he signed it voluntarily for it tated purpose. Not ublic: My Comision Expi N T.SMOLAK • . o7ARY PUBLIC Commonwealth of MasSOCNOM"• My Commission EXptNe Qecermhsr 7. 2nt 2 Page 2 of 2 1600 Osgood Street,North Andover,Pldg,20,Suite 2-36 Planning Depl.,Mossachuseils 01845 Phone 918.688.9535 Fox 978.618.9542 web www.tDwnofnoTthandover•com ESSEX14OFtTH REGISTRYCg--.DEEtDS Qe s f r i PLANNING DEPARTMENT Community&Economio Development Division Form J-- LOT RELEASE The undersigned being a majority of the Planning Board of the Town of North Andover, MA hereby certify that a performance guarantee of$4,000 has been posted for the completion of work as required by the Conditional Approval dated October 6, 009 and recorded In Essex North District Registry of Deeds, Book 12528, Page 297(or registered In Land Registry District as Document No. , and noted on Certificate of Title No. , In Registration Book Page-)to the satisfaction of the Planning Board as to the folag.L ecordedenumerated lots with soldown on Deeds, as Planed No. &M,e(orbregiste revision gisteredan in for saidKelsey Land RegistryeDistrict,d In North Andover „ Plan Book Plan and said lots are hereby released from the restrictions as to sale, Lots designated on said Plan as follows; Lot 2 an4 Lot 3 (To be attested by a Registered Land Surveyor) I hereby certify that lot number(s)2 and 3 on fLelsly Lae In North Andover,MA,do conform to layout as shown on Definitive Plan entitled"Definitlyg Subdivisign Plan for..Kelsey tie Dcated In North Andover Mass-"recorded with sald Deeds,as Plan No,1M,and more particularly as shown on the lot Layout Sheet, being Sheet 2 of 5 of said plan, Registered Land Surveyor Majority of the Planning Board of North Andover NHGHAEL C% J. SER©I No.33181 A08t�FCV� j COMMONWEALTH OF MASSACHUSETTS ESSEX,SS, Date Then personally appeared the above-named and acknowledged the foregoing Instrument to be hMer free act and deed before me, S � VIRGINIA E. WOLDEXPIFOS otaryPubllc Notary Pu COMhtOHiNALTH ofAy Comm sfan Expires my commissionJune 24, 2 9 Page 1 of 2 120 Main Street North Andover,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web go.northIndovermagov Description of Mortgages(Give complete names and Registry of Deeds reference): None, Assents of Mortgages N/A COMMONWEALTH OF MASSACHUSETTS ESSEX,ss Date Then personally appeared the above-named and acknowledged the foregoing Instrument to be his/her free act and deed before me. Notary Public My Commission Expires i I I j 1EE I E 'E i E 99115973•rl Page 2 of 2 120 Meln Street North Andover,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.00dhandgyermagov s i j 1 r�13-0 T-201 u a PLANNING DEPARTMENT Community&Economic Development Division Form J - LOT RELEASE The undersigned being a majority of the Planning Board of the Town of North Andover, MA hereby certify that a performance guarantee of$4,000 has been posted for the completion of work as required by the Conditional Approval dated October 6, 2009 and recorded in Essex North District Registry of Deeds, Book 12628, Page�ff(or registered in Land Registry District as Document No. _ , and noted on Certificate of Title No. , In Registration Book Page, , _,_, ) to the satisfaction of the Planning Board as to the following enumerated lots shown on Plan entitled "Definitive Subdivlslon Plan for Kelsey Line lactated in North Andover, Mass," recorded with said Deeds, as Plan No, 16484, (or registered In said Land Registry District, Plan Book Plan )and said lots are hereby released from the restrictions as to sale. Lots designated on said Plan as follows.-,Lot 2 and Lot 3. (To be attested by a Registered Land Surveyor) I hereby certify that lot number(s)2 and 3 on Kelsey Lane In North Andover, MA,do conform to layout as shown on Definitive Plan entitled"De nitive SUbdivislon Plan for Kelsey LaLe.looated In North Andover Mass.."recorded with said Deeds, as Plan No. 164%, and more particularly as shown on the Lot Layout Sheet,being Sheet 2 of 5 of said plan. Registered Land Surveyor �.�IAO Majority of the Planning Board of North Andover ' Mlc> AeL n SERGI TrI v No.33191 co O&_ v-e ButV� I=55�X,58, COMMONWEALTH OF MASSACHUSETTS Dake._ ���'�„ 7..�+� i Then personally appeared the above-named and acknowtedged the foregoing instrument to be his/her free act and deed before me, VIRGINIA E. WOLSrROMER publia Notary Public COMMONWEALTH 4F MpSSACHIiSErTS101ary My Commission t=xp3re3 , My commission ExplrOs June 24, 2022 Page 1 of 2 120 Main Street North Andover, Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9642 Web www.nonhandoygrma,00y Bk 15410 Pg138 #5118 Description of Mortgages(Give complete names and Registry of Deeds reference): None. Assents of Mortgages NIA COMMONWEALTH OF MASSACHUSETTS ESSEX,ss Date Then personally appeared the above-named and acknowledged the foregoing Instrument to be his/her free act and deed before me. Notary Public My Commission Explres I 06115873 rk Page 2 of 2 120 Main Street North Andover,Massachusetts 91845 Phone 978.688.9635 Fax 978.688.9542 Web MU,naahandoverma,gov PLANNING DEPARTMENT Community Development Division Corrective Form M -- CONVIEYANCE OF EASEMENTS AND UTILITIES WHEREAS,the undersigned executed that certain Form M—Conveyance of Easements and Utilities,dated May 11,2011 and recorded at Book 12628, Page 305(the"Original Form M"), which Original Form M included a scriveners error Incorrectly reciting that Lot 3 was excepted and excluded In the title reference section where It was intended to recite that Lot 1 was excepted and excluded, and the undersigned now desires by this Corrective Form M—Conveyance of Easements and Utilities to correct such scriveners error by amending the Original Form M and restating it in Its entlrety as hereinafter set forth; NOW THEREFORE,the Corrective Form M shall supersede and replace the Original Form M— Conveyance of Easements and Utilities,with the Original Form M hereby being amended and restated as follows: William Gillen,of 54 Spring Hill Road, North Andover, Essex County,Massachusetts for the consideration of the Planning Board's issuance of a Recision on the Approval of a Definitive Subdivision Plan,dated October 6,2009, hereby grants,transfers and deliver unto the Town of North Andover, a municipal corporation in Essex 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 appurtenances, (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 over the land for the aforesaid purposes, In,through,and under:the whole of that certain way known and depicted as Kelsey Lane on a set of plans,consisting of five sheets,entitled "Definitive Subdivision Plan for'Kelsey lane°Located In North Andover, Mass.,dated May 19, 2009(Rev, September 14,2009), said plan Is made and said plan is incorporated hereto for a complete and details description of said roads. t000ssra,r+} page 1 120 Main Street,North Andover,6lossnchusetts 01845 Phone 978.608.9535 Fox 978.688.9542 Web www.toweafoorthondover.com Edited 8/1/01 B. The perpetual rights and easements to use for the conveyance of water,sewerage, groundwater and stormwater associated with residential uses for the following parcel of land situated on the private way known as Kelsey Lane in said Town of North Andover depicted on a plan(the"Plan )entitled"Definitive Subdivision Plan for Kelsey Lane located In North Andover, Mass.,"prepared by Christiansen&Sergi, Professional Engineers and Land Surveyors, 160 Summer St., Haverhill, MA, including sheets 14, dated May 19,2009 and recorded with the Essex North Registry of Deeds as Plan No, 16484. The grantor warrants that the aforesaid easements are free and clear of all lions or encumbrances,that he(it) has good title to transfer the same,and that he will defend the same against claims of all persons. For grantors title see deed recorded with the Essex North District Registry of Deeds in Book 8308, Page 228,excepting and excluding therefrom(I)such property as was conveyed to North Andover Realty Corporation by deed recorded at Book 9118,Page 103 and (ii) Lot 1 or any portion thereof as it is shown on said plan above,which Lot i Is intended to be reserved unto the current owner thereof and its successors and assigns. This Is not a homestead property. To be completed If a mortgage exists: No Mortgage/Not Applicable, And MAl the present holder of a mortgage on the above described land,which mortgage is dated ,20`,and recorded in said Deeds, Book ,Page ,for consideration paid, hereby releases unto the Town forever from the operation of said mortgages,the rights and easements herein above granted and assents thereto. _I N/A] Authorized signature of Mortgage Owner {OQDZ31T4 t9} Page 2 120 Main Street,North Andover,Massachusetts 01845 Phone 978.688.9535 Fax 978,688.9542 Web wWw.townolnorthandoverr.ccorn Edited 8/1/07 F r IN WITNESS WHEREOF we have heret o set our hands and seal this�day of March,2018, William Gillen COMMONWEALTH OF MASSACHUSETTS ' ESSEX, ss. March f 2018 i Then personally appeared the above-named William Gillen,and proved to me through satisfactory evidence of identification,which was a MA driver's license,to be those person whose name is signed on the foregoing instrument in my presence, and further acknowledged the foregoing instrument to be his free act and deed,before me. Notary Publ My Commisston Expires: ` t FOFYX«W«t'.31cS. IBRIAN G.VAUGHAN rotary pub4laNwl:��rl�a�rriassA�Ituss; sy Commleston Eplrea July 9,R018 I I fDX23474;v4} Page 3 120 Main Street,North Andover,Massachusetts 01045 Phone 978.688.9535 Fax 978.688.9542 Web www.towaofnortl andover,com EditedB/1 f01 � I ' E t Y Bk 12528 Pa 3os 014565 06- 27--201 1 a 02" g o4p i NQRT" 49 PLANNING DEPARTMENT Community Development Division Farm M - CONVEYANCE OF EASEMENTS AND UTILITIES William Gillen, of 54 Spring Hill Road, North Andover,Essex County, Massachusetts for the consideration of the Planning Board's issuance of a Recision on the Approval of a Definitive Subdivision Plan,dated October 6,2009, hereby grants, transfers and deliver unto the Town of North Andover,a municipal corporation in Essex 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 appurtenances,(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 over the land for the aforesaid purposes, in,through,and under the whole of that certain way known and depicted as Kelsey Lane on a set of plans,consisting of five sheets,entitled"Definitive Subdivision Plan for'Kelsey lane"Located in forth Andover, Mass„dated May 19, 2009(Rev.September 14,2009),said plan is made and said plan is incorporated herein for a complete and details description of said roads. B.The perpetual rights and easements to use for the conveyance of water,sewerage, groundwater and stomtwater associated with residential uses for the following parcel of land situated on the private way known as Kelsey Lane In said Town of North Andover depicted on a plan(the"Plan")entitled'Definitive Subdivision Plan for Kelsey Lane located In North Andover, Mass.,"prepared by Christiansen &Sergi, Professional Engineers and Land Surveyors, 160 Summer St., Haverhill, MA, including sheets 1-5, dated May 19,2009 and recorded with the Essex North Registry of Deeds as Plan No. . ll (p'f S+t The grantor warrants that the aforesaid easements are be and clear of all liens or encumbrances,that he(it)has good title to transfer the same,and that he will defend the same against claims of all persons. For grantor's title see deed recorded with the Essex North District Registry of Deeds in Book 8308, Page 228,excepting and excluding therefrom(i)such property as was conveyed to Page 1 1600 Osgood Street,North Andover,91dg,20,Sulfa 2-36 Plnening Dept„Mossachuselts 01845 Phone 978,688.9535 Fax 978.688,9542 Web www.townoNarthandover.com Edited 811107 i I i r , I Bk 12528 Pg306 #14568 North Andover Realty Corporation by deed recorded at Book 9118, Page 103 and (ii) Lot 3 or any portion thereof as it is shown on said plan above,which Lot 3 is intended to be reserved unto the current owner thereof and Its successors and assigns. M This Is not a homestead ro p party. To be completed If a mortgage exists: No Mortgage/Not Applicable. i And N/A the present holder of a mortgage on the above described land,which mortgage is dated ,20_,and recorded In said Deeds,Book , Page ,for consideration paid, hereby releases unto the Town forever from the operation of said mortgages,the rights and easements herein above granted and assents thereto. NIA Authorized signature of Mortgage Owner IN WITNESS WHEREOF we have hereto set our hands and seal this 11th day of May, 2011. William Gillen COMMONWEALTH OF MASSACHUSETTS ESSEX,ss. May 11,2011 Then personally appeared the above-named William Gillen,and proved to me i through satisfactory evidence of identification,which was a MA drivers license, to be those person whose name is signed on the foregoing instrument in my presence,and further acknowledged the foregoing instrument to be his free act and deed, before me. N)06ry Public y Commission Exppires .lQiitJ T.SMOLAK NOTARY PuBuc , Commonwealth of Maesachua N My Commission Expires I Page 2 1600 Osgood Street,North Andover,Didg,20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fox 978.608.9542 web www.townofaerthando eY r,{flm Edited 8/1107 i SSEX='�!C)RT!i REGILp TRY C:. G�EDS LAWRENC.E, MASS. w - � R TR13 C(aF'Y AI-A _ST: mE(�is,rER OF i]Ff-.rr, 1 CORRECTIVE DECLARATION OF DRIVEWAY EASEMENTS. 6CCESS AND MAINTENANCE AGREEMENT FOR KELSEY LANE V) THIS CORRECTIVE DECLARATION OF DRIVEWAY EASEMENTS, ACCESS AND MAINTENANCE AGREEMENT FOR KELSEY LANE, (the "Agreement) Is made this I -5-rday of March, 2018 by the undersigned William M. Gillen, of 64 Spring Hill Road, North Andover, Massachusetts (the "Current Owner"), for and on behalf of his successors in title with respect to Lot 2 as defined below(the "Lot 2 Owner") and his successors In title with respect Lot 3 as defined below(the "Lot 3 Owner"), Reference Is hereby made to a certain Declaration of Driveway Easements, Access and Maintenance Agreement for Kelsey Lane, dated as of May 11, 2011, and recorded with the Essex County North District Registry of Deeds at Book 12528, Page 313 (the "Original Declaration'), 'which Original Declaration Included a scriveners error Incorrectly making references to Lot I and Lot 2 on the Plan throughout the Instrument rather than to Lot 2 and Lot 3 on the Plan. This Agreement shall supersede and replace the Original Declaration, with the Original Declaration being hereby amended and restated In its entirety as set forth below, for purposes of correcting such scriveners error and Lot references. WHEREAS, the Current Owner Is the fee owner of that certain real property(the "Property") comprised of and shown as Lot 3 ("Lot 3"), Lot 2 ("Lot 2") and Kelsey Lane ("Kelsey Lane") on a plan (the 'Plan") entitled "Definitive Subdivision Plan for Kelsey Lane located In North Andover, Mass.," prepared by Christiansen & Sergi, Professional Engineers and Land Surveyors, 160 Summer St., Haverhill, MA, Including sheets 1-5, dated May 19, 2009 and recorded With the Essex County North District Registry of (00024856;v7) Deeds as Plan No. 16484, said Property being a portion of the land more particularly described in deed to the Current Owner recorded at Book 8308, Page 228, excepting and excluding therefrom (i)such property as was conveyed by the Current Owner to North Andover Realty Corporation by deed recorded at Book 9118, Page 103 and (il) Lot 1 or any portion thereof as it is shown on the Plan which Lot 1 is Intended to be reserved unto the Current Owner and Its successors unencumered by and not to be subject to this Agreement; and WHEREAS, the Current Owner does hereby wish to outline and describe the respective rights and obligations of the owners of Lot 3 and Lot 2 In and to Kelsey Lane, to grant to each other an exclusive right of way for the benefit of the other in any portion of their driveways, repsectively, which are installed and exist over any portion of Kelsey Lane; and WHEREAS,the Current Owner desires to clarify for the benefit of the Lot 3 Owner and Lot 2 Owner the scope and terms of the easements, and to establish certain i covenants and conditions with respect to the Kelsey Lane for the mutual and reciprocal benefit of the present and future owners of Lot 3 and Lot 2, on the terms and conditions hereinafter set forth. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and the terms, conditions, covenants and agreements hereinafter set forth, the Current Owner, for and on behalf of its successors and assigns as Lot 3 Owner and Lot 2 Owner, hereby covenants and agrees as follows: 1. Grant of Easements. (A) Subject to the terms hereof, the Lot 3 Owner Is granted the right and easement to construct a driveway to and from Lot 3 substantially as shown on Sheet 4 of the Plan for the exclusive use and benefit of Lot 3 (the"Lot 3 i E (00024856;v1) - 2 i Driveway") and the Lot 3 Owner shall have the right of exclusive use over any portion of the Lot 3 Driveway located on or within Kelsey Lane for the delivery, passage, access, Ingress and egress and related purposes In, to, over, under and across the Lot 3 Driveway as now or hereafter constructed in the area shown on the above referenced Plan, to be used for all purposes for which a driveway Is commonly used and Including, without limitation, for providing for the continuous and non-impeded passage of pedestrians and motor vehicles, to and from Lot 3 over and across Kelsey Lane, In addition, the Lot 3 Owner shall have the right to construct water and sewer lines and facilities to and from Lot 3 through Kelsey Lane to the municipal main services lying within Molly Towne Road (the 'Lot 3 Water and Sewer Facilities'). The Lot 3 Water and Sewer Facilities, to and from said Lot 3 to the point of connection and tie In to the municipal water and sewer lines and facilities located at Molly Towne Road, shall be and remain privately owned and shall never be accepted by the Town as public facilities. The Lot 3 Owner shall have the right and easement from time to time to enter upon Kelsey Lane with persons and equipment to construct, maintain, repair and replace the Lot 3 Driveway and the Lot 3 Water and Sewer Facilities, provided that the Lot 3 Owner shall be obligated and responsible, at Its sole cost and expense, to restore the condition of Kelsey Lane to the condition existing prior to Its entry for any such construction, maintenance, repair or replacement. The rights granted hereby shall be perpetual, and shall be appurtenant to and for the benefit of Lot 3, the Lot 3 Owner and its successors and assigns and their respective tenants, contractors, agents, employees, customers, and invitees (collectively the "Permittees"); and (B) Subject to the terms hereof, the Lot 2 Owner is granted the right and easement to construct a driveway to and from Lot 2 substantially as shown on Sheet 4 of the Plan for the exclusive use and benefit of Lot 2 (the "Lot 2 Driveway") and the Lot 2 Owner shall have the right of exclusive use over any j portion of the Lot 2 Driveway located on or within Kelsey Lane for the delivery, passage, access, Ingress and egress and related purposes In, to, over, under {00024856;V7) . 3 I and across the Lot 2 Driveway as now or hereafter constructed In the area shown on the above referenced plan, to be used for all purposes for which a driveway is commonly used and including, without limitation, for providing for the continuous and non-impeded passage of pedestrians and motor vehicles, to and from Lot 2 over and across Kelsey Lane. In addition, the Lot 2 Owner shall have the right to construct water and sewer lines and facilities to and from Lot 2 through Kelsey Lane to the municipal main services lying within Molly Towne Road (the "Lot 2 Water and Sewer Facilities"). The Lot 2 Water and Sewer Facilities, to and from said Lot 2 to the point of connection and tie In to the municipal water and sewer lines and facilities located at Molly Towne Road, shall be and remain privately owned and shall never be accepted by the Town as public facilities. The Lot 2 Owner shall have the right and easement from time to time to enter upon Kelsey Lane with persons and equipment to construct, maintain, repair and replace the Lot 2 Driveway and the Lot 2 Water and Sewer Facilities, provided that the Lot 2 Owner shall be obligated and responsible, at its sole cost and expense, to restore the condition of Kelsey Land to the condition existing prior to Its entry for any such construction, maintenance, repair or replacement. The rights granted hereby shall be perpetual, and shall be appurtenant to and for the benefit of Lot 2, the Lot 2 Owner and its successors and assigns and their respective tenants, contractors, agents, employees, customers, and Invitees (collectively the "Permittees"). 2. Indemnification. (A) The Lot 3 Owner, Its successors and assigns, assumes the risk of and sole responsibility for, and hereby agrees to indemnify and save harmless the Lot 2 Owner, its successors and assigns,from any and all costs(including attorneys'fees and any costs and expenses Incurred Including also any cost incurred on appeal) and claims for Injuries, death, loss or damage of any kind or character, to person or property, by whomever suffered or asserted, resulting from or arising out the use of the Lot 3 Driveway or Lot 3 Water and Sewer Facilities by Permittees due to the negligence (acts or omissions)of the Lot 3 Owner, Its successors and assigns and their respective {00024856,v 7) e tenants, contractors, agents and employees; and (B) The Lot 2 Owner, Its successor; and assigns, assumes the risk of and sole responsibility for, and hereby agrees to Indemnify and save harmless the Lot 3 Owner, its successors and assigns, from any and all costs (including attorneys'fees and any costs and expenses Incurred Including also any cost incurred on appeal) and claims for injuries, death, loss or damage of any kind or character, to person or property, by whomever suffered or asserted, resulting from or arising out the use of the Lot 2 Driveway or Lot 2 Water and Sewer Facilities by Permittees due to the negligence (acts or omisslons)of the Lot 2 Owner, its successors and assigns and their respective tenants, contractors, agents and employees. 3. Maintenance. The Lot 3 Owner covenants at all times during the term hereof to operate and maintain or cause to be operated and maintained, at its expense, the Lot 3 Driveway and Lot 3 Water and Sewer Facilities In good order, condition and repair. The Lot 2 Owner covenants at all times during the term hereof to operate and maintain or cause to be operated and maintained, at Its expense, the Lot 2 Driveway and Lot 2 Water and Sewer Facilities In good order, condition and repair. Maintenance shall Include, without limitation, maintaining and repairing the surface of the driveway areas, as necessary to maintain the same in a clear and neat condition, plowing, sanding or removing (as necessary) snow and Ice from all driveway areas as necessary to maintain the same In safe and good condition. In addition, the Lot 3 Owner and the Lot 2 Owner shall Jointly own and be jointly responsible to maintain the rain gardens as set forth in the Plan, and more specifically in sheets 4 and 5 of the Plan. 4. Insurance. Both the Lot 3 Owner and the Lot 2 Owner shall procure and maintain comprehensive general liability and property damage Insurance against claims for personal injury, death, or property damage occurring upon the easement areas that they own, with single limit coverage of not less than an aggregate of One Million Dollars ($1,000,000.00) or such higher amount as may then be carried by prudent owners of comparable property, In the area In which p t000248%;v7) - 5 - i i their respective driveway is located. The insurance is to insure against potential liability for losses or damages that might occur on or to the driveway. All insurance shall be written by companies reasonably acceptable to the other party and licensed to do business in the Commonwealth of Massachusetts. 5. No Right In Public; No Implied Easements; No Public Roadways or Facilities. Nothing contained herein shall be construed as creating any rights In the general public or as dedicating for public use any portion of Kelsey Lane which shall remain private, or in the driveway areas thereon. No easements, except those expressly set forth in this Agreement shall be Implied hereby, Both the Lot 3 Owner and the Lot 2 Owner, for themselves and their respective successors and assigns hereby release and waive any claim that the right of way Is a public right of way or that the Lot 3 Water and Sewer Facilities or Lot 2 Water and Sewer Facilities are public utility services or facilities, and each hereby acknowledges and agrees that the Lot 3 Driveway and the Lot 2 Driveway are each a private driveway and the Lot 3 Water and Sewer Facilities and the Lot 2 Water and Sewer Facilities are private utility services for the exclusive use of and shall be maintained at the sole expense of the respective lot owner and that Kelsey Lane, Including the Lot 3 Driveway, the Lot 2, the Lot 3 Water and Sewer Facilities and the Lot 2 Water and Sewer Facilities, will never be maintained by the Town nor be accepted by the Town as a public road or public utility. 6. Covenants to Run with Land. It is intended that any and all of the easements, covenants, conditions, rights and obligations set forth herein shall run with the land and create equitable servitudes In favor of the real property, benefited thereby, shall bind every person having any fee, leasehold or other interest therein and shall inure to the benefit:of the respective parties and their successors, assigns, heirs and personal representatives. i t00024856;v7p - 6 . i 7. Separability. Each pmvislon of this Agreement and the application thereof are hereby declared to be independent of and severable from the remainder of this Agreement. If any provision contained therein shall be held to be Invalid or to be unenforceable or not to run with the land, such holding shall not affect the validity or enforceability of the remainder of this Instrument. 8. Nonforfeiture or Reversion, Any obligations contained herein with regard to the rights granted hereby shall be construed as covenants and not as conditions and any violation of any said covenant shall not result in a forfeiture or reversion of the rights or easements granted herein or the property conveyed hereby. 8. Modification or Termination of Restrictions. This Agreement shall not be modified, amended, changed, or terminated or waived without the consent of Current Owner (or Current Owner's successor) as well as the consent of the Town of North Andover Planning Board. The Current Owner as well as the Town of North Andover may enforce and, If necessary, extend this Agreement In accordance with applicable law. Current Owner, the Lot 3 Owner and the Lot 2 Owner agree for themselves, and their heirs, successors and assigns to execute and record such notices of restriction as are required to extend this Agreement in perpetuity In accordance with applicable law. The Town of North Andover is hereby declared to be a benefited party to and a holder of this Agreement and shall be entitled to enforce the terms of this Agreement and execute and record such notices of restriction as are required to extend the term of these restrictions contained In this Agreement In perpetuity. 10, Entire Agreement. This Agreement contains the complete understanding and agreement of the parties thereto with respect to all matters referred to herein, and all prior representations, negotiations, and understandings are superseded hereby. (00024856;v7) . 7 _ 11. Governing Law. The laws of the Commonwealth of Massachusetts shall govern the interpretations, validity, performance, and enforcement of this Easement. IN WITNESS WHEREOF, the parties hereunto set their hands and seals. Dated the day and year first above written. -'4YL William M. Gillen The undersigned joins in the execution hereof for purposes of evidencing the consent of the Town of North Andover planning Board to the amendments contained herein. Town of North Andover Planning Board By. P Jean Wright, Planning Director Hereunto duly authorized Commonwealth of Massachusetts County of Essex On this I ST-day of March, 2018, before me, the undersigned notary public, personally appeared the above named William M. Gillen and proved to me through satisfactory evidence of identification, which was an examination of drivers license issued by the Commonwealth of Massachusetts, to be the person whose name Is signed on this Agreement, and acknowledged to me that he signed it voluntarily for its stated purpose. '-�Z4 -'4� Notary Pd talc My commission expires. 't �..:.� RRIAN G.VAUGHAN Notary Puhllo COMMONWEALTH OF MASSAGHUSEn9 F Ulf my commiselon Explrea July 8,2018 1 3 3 (00024856,v7) _ 8 { 1 Commonwealth of Massachusetts County of Essex On this day of March, 2018, before me, the undersigned notary public, personally appeared the above named Jean Enright and proved to me through satisfactory evidence of identification, which was an examination of drivers license issued by the Commonwealth of Massachusetts, to be the person whose name Is signed on this Agreement, and acknowledged to me that she signed it voluntarily for its stated purpose, acting In her capacity as Town of North Andover Planning Director and as the duly authorized agent for the Town of North Andover Planning Board. Nota Public My commission expires: �p• jl•�Q� -- vIsatNVA. . w4LsTsOMER Notary Pubii COMMONNIEALTH OF idA$SACHUSETT9 my Commission expires June 24, 2022 1 i i i (0024856;0) 9 i E I OV" ek 12528 Ps3oV 014570 06-27-2011 a'i 02 =04sa Declaration of Restrictive Covenant This Declaration of Restrictive Covenant(this"Covenant")is made as of the 1 i th day of May,2011 by the undersigned William M.Gillen and Lynne E. Gillen (the "Declarants")of 54 Spring Hill Road,North Andover,Massachusetts, for the benefit of the inhabitants of the Town of North Andover(the"Town"),acting by and through its Planning Board(the"Planning Board")and having a mailing address at 1600 Osgood Street,North Andover,Massachusetts. WHEREAS,the Declarants are the owners of certain property(the"Property") comprised of Lot 1 ("Lot 1"), Lot 2("Lot 2"),Lot 3 ("Lot 3")and Kelsey Lane("Kelsey Lane"),each and all as shown and more particularly described on a plan(the"Plan") entitled"Definitive Subdivision Plan for Kelsey Lane located in North Andover, Mass.," prepared by Christiansen&Sergi,Professional Engineers and Land Surveyors, 160 Summer St., Haverhill,MA,including sheets 1-5,dated May 19,2009 and recorded herewith, said Property being more'particularly described in deed to the Declarants recorded at Book 5514,Page 194(as it relates to a portion of Lot 1) and by deed to Z William M.Gillen recorded at Book 8308,Page 228 (as it relates to a portion of Lot 1 and to Lot 2,Lot3 and Kelsey Way),excepting and excluding such property as was conveyed by the Declarants to North Andover Realty Corporation,by deed recorded at Book 9118,Page 103. °1 WHEREAS,the Planning Board has issued a Decision for the Approval of a � g pp Definitive Subdivision Plan dated October 6,2009(the"Subdivision Approval") pursuant to Section 5.6 of North Andover Subdivision Rules and Regulations. WHEREAS, the Planning Board and the Declarants desire for the Declarants to memorialize certain restrictive covenants concerning the Property as described in and required by said Subdivision Approval and Plan. NOW, THEREFORE, in consideration of the foregoing premises and for other good and valuable consideration,the receipt of which is hereby acknowledged,the Declarants,for themselves,their successors and assigns,do hereby forever covenant and agree,for the benefit of the Town, acting through the Planning Board, as follows: 1. Excepting for the division of the Property by way of the creation of Kelsey Way and the subdivision of Lot 1,Lot 2 and Lot 3 as is described in the Subdivision Approval Page 1 of Bk 12528 Pg310 #14570 and as shown on the Plan,there shall be no further division or subdivision of any part or portion of the Property or of any part or portion of said Kelsey Way, Lot 1, Lot 2 or Lot 3. i 2. The fee in Kelsey Way shall be conveyed together with and appurtenant to Lot 2 and Lot 3, such that Kelsey Way shall be forever owned by the respective owners from time to time of Lot 2 and Lot 3, as tenants in common with each such owner to have and to hold an undivided one half interest in said Kelsey Way. Kelsey Way shall be a private way and it shall never be accepted as a public road. Further,the driveways that are to be installed on Lot 2 and Lot 3,as described in the Subdivision Approval and as shown on Sheet 4 of the Plan, shall be private driveways and shall never be accepted as public roads. Each of the respective owners of Lot 2 and Lot 3 shall be and remain responsible for the maintenance,upkeep and repair,including without limitation snow removal,of their respective private driveway,all as also further described in that certain Declaration of Driveway Easements,Access and Maintenance Agreement recorded herewith. 3. The Declarants shall construct the Rain Garden as is described in the Subdivision Approval and as shown on Sheet 4 of the Plan,and thereafter,the respective owners from time to time of Lot 2 and Lot 3 shall be jointly and severalty responsible to repair and maintain the Rain Garden in accordance with and pursuant to the Subdivision Approval and Plan,including without limitation the"Rain Garden Maintenance Schedule"set forth on Sheet 4 of the Plan. 4. The Declarants agree to record this Covenant with the Northern Essex County District Registry of Deeds, and to forward recorded copies of this Covenant to the Planning Board within thirty(30)days of recording. 5. This Covenant shall be binding upon and inure to the benefit of each of Lot 1,Lot 2, Lot 3 and Kelsey Way,and any successors in interest to the Property, it being the express intention and understanding and agreement that this Covenant shall constitute a covenant running with the land. Each and all of the covenants and provisions of this Covenant shall be incorporated by reference into and shall be referenced in the future deeds for such Property.Notwithstanding the forgoing, Lot l shall only be subject to the obligations set forth in numbered paragraph l above, and Lot 1 shall not otherwise be subject to or restricted by the obligations,terms and provisions set forth in this Covenant which shall only be enforceable against Lot 2 and Lot 3. 6. This covenant shall also be and is for the benefit of the Town, its successors and assigns. 7. This Covenant shall not be modified, amended, changed,or terminated or waived without the consent of the Declarant as well as the consent of the Town of North Andover Planning Board. The Declarant as well as the Town of North Andover may enforce and, if necessary, extend this Declaration of Common Scheme Restrictions in accordance with applicable law. Declarant agrees for itself, and its heirs, successors and assigns to execute and record such notices of restriction as are required to extend this Declaration of Restrictive Covenant in perpetuity in accordance with applicable law. The Town of North Andover is hereby declared to be a benefited party to and a holder of this Page 2 of 4 Bk 12528 Pg311 #14570 Restriction and shall be entitled to enforce the terms of this Declaration of Restrictive Covenant and execute and record such notices of restriction as are required to extend the term of these restrictions in perpetuity. i i S. Nothing herein shall be deemed to prohibit a conveyance subject to this Covenant of all or any interest in the Property, 9. Each party represents and warrants to the other that it has the right,power and authority to enter into and perform its obligations under this Agreement and that it is duly established or organized,validly existing and authorized to do business under the laws of the Commonwealth of Massachusetts. Each party agrees to maintain such right,power, authority and authorization. In witness whereof we have hereunto set our hands and seals the day first set forth above, William M. Gillen Lynn illen 1 E COMMONWEALTH OF MASSACHUSETTS Essex County, ss. On this IIth day of May, 2011, before me, the undersigned notary public, personally appeared William M. Gillen, proved to me through satisfactory evidence of identification, being a driver's license,to be the person whose name is signed above, and acknowledged the foregoing to be signed by him/her voluntarily for its stated purpose. Notary lic My commission expires: { Print Notary Public's Nara€ T ANIQLAK , NOTARY PUBLIC Commonwealth of Messachusettl My commissfo^��plrex Deaemb i Page 3 of 4 V Bk 12528 Pg312 #14570 � i 1' COMMONWEALTH OF MASSACHUSETTS Essex County, ss. On this llth day of May, 2011, before me, the undersigned notary public, personally appeared Lynne E. Gillen, proved to me through satisfactory evidence of identification, being a driver's license, to be the person whose name is signed above, and acknowledged the foregoing to be signed by him er voluntarily for its stated purpose. Notary Pu io JOHN T.SMQL.AK � My corn scion expires: _ Nornrz- - o. ar - . . IIRL1 Print Notary Public's Name: commonweab of Maaaabh sms ray December' I a i a I Page 4 of 4 ESSEXMORTH REGl STRY CxC D _ LAOREstdG.F-,MASSv� '� -A A TML`- 60'Y-.ATA-5T: IF J NEMS Sk 12528 P9313 014571 06-27-2011 a 02 :04P DECLARATION OF DRIVEWAY EASEMENTS, ACCESS AND MAINTENANCE AGREEMENT FOR KELSEY LANE THIS DECLARATION OF DRIVEWAY EASEMENTS, ACCESS AND MAINTENANCE AGREEMENT FOR KELSEY LANE, (the "Agreement") is made this 11th day of May, 2011 by the undersigned William M. Gillen, of 54 Spring Hill Road, North Andover, Massachusetts (the "Current Owner"), for and on behalf of his successors in title with respect to Lot 2 as defined below (the "Lot 2 Owner") and his successors in title with respect Lot 3 as defined below(the "Lot 3 Owner"). WHEREAS, the Current Owner Is the fee owner of that certain real property (the "Property") comprised of and shown as Lot 1 ("Lot I"), Lot 2 ("Lot 2") and Kelsey Lane ("Kelsey Lane") on a plan (the "Plan") entitled "Definitive Subdivision Plan for Kelsey Lane located in North Andover, Mass.," prepared by Christiansen & Sergi, Professional Engineers and Land Surveyors, 160 Summer St., Haverhill, MA, including sheets 1-5, dated May 19, 2009 and recorded herewith as Plan No. 1 N 8 , said Property being a portion of the land more particularly described in deed to the Current Owner recorded at Book 8308, Page 228, excepting and excluding therefrom (I) such property as was conveyed by the Current Owner to North Andover Realty Corporation by deed recorded at Book 9118, Page 103 and (ii) Lot 3 or any portion thereof as It is shown on the Plan which Lot 3 is intended to be reserved unto the Current Owner and its successors unencumered by and not to be subject to this Agreement; and WHEREAS, the Current Owner does hereby wish to outline and describe the respective rights and obligations of the owners of Lot 1 and Lot 2 in and to Kelsey Lane, to grant to each other an exclusive right of way for the benefit of the other in any portion Bk 12528 Pg314 #14571 j of their driveways, repsectively, which are Installed and exist over any portion of Kelsey Lane; and WHEREAS, the Current Owner desires to clarify for the benefit of the Lot 1 Owner and Lot 2 Owner the scope and terms of the easements, and to establish certain covenants and conditions with respect to the Kelsey Lane for the mutual and reciprocal benefit of the present and future owners of Lot 1 and Lot 2, on the terms and conditions hereinafter set forth. NOW THEREFORE,for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and the terms, conditions, covenants and agreements hereinafter set forth, the Current Owner, for and on behalf of Its successors and assigns as Lot 1 Owner and Lot 2 Owner, hereby covenants and agrees as follows: 1. Grant of Easements. (A) Subject to the terms hereof, the Lot 1 Owner is granted the right and easement to construct a driveway to and from Lot 1 substantially as shown on Sheet 4 of the Plan for the exclusive use and benefit of Lot 1 (the"Lot 1 Driveway") and the Lot 1 Owner shall have the right of exclusive use over any portion of the Lot 1 Driveway located on or within Kelsey Lane for the delivery, passage, access, Ingress and egress and related purposes in, to, over, under and across the Lot 1 Driveway as now or hereafter constructed In the area shown on the above referenced Plan, to be used for all purposes for which a driveway is commonly used and including, without limitation, for providing for the continuous and non-impeded passage of pedestrians and motor vehicles, to and from Lot 1 over and across Kelsey Lane. In addition, the Lot 1 Owner shall have the right to construct water and sewer lines and facilities to and from Lot 1 through Kelsey Lane to the municipal main services lying within Molly Towne Road (the "Lot 1 Water and Sewer Facilities"). The Lot 1 Water and Sewer . 2 . i Bk 12528 Pg315 #14571 i Facilities, to and from said Lot 1 to the point of connection and tie in to the municipal water and sewer lines and facilities located at Molly Towne Road, shall be and remain privately owned and shall never be accepted by the Town as public facilities. The Lot 1 Owner shall have the right and easement from time to time to enter upon Kelsey Lane with persons and equipment to construct, maintain, repair and replace the Lot 1 driveway and the Lot 1 Water and Sewer Facilities, provided that the Lot 1 Owner shall be obligated and responsible, at its sole cost and expense, to restore the condition of Kelsey Lane to the condition existing prior to its entry for any such construction, maintenance, repair or replacement. The rights granted hereby shall be perpetual, and shall be appurtenant to and for the benefit of Lot 1, the Lot 1 Owner and its successors and assigns and their respective tenants, contractors, agents, employees, customers, and invitees (collectively the "Permittees"); and (8) Subject to the terms hereof, the Lot 2 Owner Is granted the right and easement to construct a driveway to and from Lot 2 substantially as shown on Sheet 4 of the Plan for the exclusive use and benefit of Lot 2 (the "Lot 2 Driveway") and the Lot 2 Owner shall have the right of exclusive use over any portion of the Lot 2 Driveway located on or within Kelsey Lane for the delivery, passage, access, Ingress and egress and related purposes in, to, over, under and across the Lot 2 Driveway as now or hereafter constructed in the area shown on the above referenced Plan, to be used for all purposes for which a driveway is commonly used and Including, without limitation, for providing for the continuous and non-impeded passage of pedestrians and motor vehicles, to and from Lot 2 over and across Kelsey Lane. In addition, the Lot 2 Owner shall have the right to construct water and sewer lines and facilities to and from Lot 2 through Kelsey Lane to the municipal main services lying within Molly Towne Road (the "Lot 2 Water and Sewer Facilities"). The Lot 2 Water and Sewer Facilities, to and from said Lot 2 to the point of connection and tie in to the municipal water and sewer lines and facilities located at Molly Towne Road, shall be and remain privately owned and shall never be accepted by the Town as - 3 - Bk 12528 Pg316 #14571 public facilities. The Lot 2 Owner shall have the right and easement from time to time to enter upon Kelsey Lane with persons and equipment to construct, maintain, repair and replace the Lot 2 Driveway and the Lot 1 Water and Sewer Facilities, provided that the Lot 1 Owner shall be obligated and responsible, at its sole cost and expense, to restore the condition of Kelsey Lane to the condition existing prior to its entry for any such construction, maintenance, repair or replacement. The rights granted hereby shall be perpetual, and shall be appurtenant to and for the benefit of Lot 2, the Lot 2 Owner and its successors and assigns and their respective tenants, contractors, agents, employees, customers, and invitees(collectively the "Permittees"). 2. Indemnlflcation. (A) The Lot 1 Owner, its successors and assigns, assumes the risk of and sole responsibility for, and hereby agrees to indemnify and save harmless the Lot 2 Owner, Its successors and assigns, from any and all costs (Including attorneys' fees and any costs and expenses incurred Including also any cost Incurred on appeal) and claims for Injuries, death, loss or damage of any kind or character, to person or property, by whomever suffered or asserted, resulting from or arising out the use of the Lot 1 Driveway or Lot 1 Water and Sewer Facilities by Permittees due to the negligence(acts or omissions)of the Lot 1 Owner, its successors and assigns and their respective tenants, contractors, agents and employees; and (B) The Lot 2 Owner, its successors and assigns, assumes the risk of and sole responsibility for, and hereby agrees to indemnify and save harmless the Lot 1 Owner, its successors and assigns, from any and all costs (including attorneys'fees and any costs and expenses incurred Including also any cost incurred on appeal) and claims for Injuries, death, loss or damage of any kind or character, to person or property, by whomever suffered or asserted, resulting from or arising out the use of the Lot 2 Driveway or Lot 2 Water and Sewer Facilities by Permittees due to the negligence (acts or omissions)of the Lot 2 Owner, its successors and assigns and their respective tenants, contractors, agents and employees. - 4 - i Bk 12528 Pg317 #14571 3. Maintenance. The Lot 1 Owner covenants at all times during the term hereof to operate and maintain or cause to be operated and maintained, at its expense, the Lot 1 Driveway and Lot 1 Water and Sewer Facilities In good order, condition and repair. The Lot 2 Owner covenants at all times during the term hereof to operate and maintain or cause to be operated and maintained, at its expense, the Lot 2 Driveway and Lot 2 Water and Sewer Facilities in good order, condition and repair. Maintenance shall include, without Ilmitation, maintaining and repalring the surface of the driveway areas, as necessary to maintain the same In a clear and neat condition, plowing, sanding or removing (as necessary) snow and ice from all driveway areas as necessary to maintain the same in safe and good condition. In addition, the Lot 1 Owner and the Lot 2 Owner shall jointly own and be jointly responsible to maintain the rain gardens as set forth in the Plan, and more specifically in sheets 4 and 5 of the Plan. 4. Insurance. Both the Lot 1 Owner and the Lot 2 Owner shall procure and maintain comprehensive general liability and property damage insurance against claims for personal Injury, death, or property damage occurring upon the easement areas that they own, with single limit coverage of not less than an aggregate of One Million Dollars($1,000,000.00) or such higher amount as may then be carried by prudent owners of comparable property, In the area in which their respective driveway is located. The insurance Is to insure against potential liability for losses or damages that might occur on or to the driveway. All insurance shall be written by companies reasonably acceptable to the other party and licensed to do business in the Commonwealth of Massachusetts. 5. No Right in Public; No Implied Easements; No Public Roadways or Facilities. Nothing contained herein shall be construed as creating any rights in the general public or as dedicating for public use any portion of Kelsey Lane which shall remain private, or in the driveway areas thereon. No easements, except those expressly set forth in this Agreement shall be implied hereby. Both the Lot 1 Owner and the Lot 2 Owner, for themselves and their respective - s - i Bk 12528 Pg31.8 #14571 successors and assigns hereby release and waive any claim that the right of way Is a public right of way or that the Lot 1 Water and Sewer Facilities or Lot 2 Water and Sewer Facilities are public utility services or facilities, and each hereby acknowledges and agrees that the Lot 1 Driveway and the Lot 2 Driveway are each a private driveway and the Lot 1 Water and Sewer Facilities and the Lot 2 Water and Sewer Facilities are private utility services for the exclusive use of and shall be maintained at the sole expense of the respective lot owner and that Kelsey Lane, Including the Lot 1 Driveway, the Lot 2, the Lot 1 Water and Sewer Facilities and the Lot 2 Water and Sewer Facilities, will never be maintained by the Town nor be accepted by the Town as a public road or public utility. 6. Covenants to Run with Land. It is Intended that any and all of the easements, covenants, conditions, rights and obligations set forth herein shall run with the land and create equitable servitudes in favor of the real property, benefited thereby, shall bind every person having any fee, leasehold or other interest therein and shall inure to the benefit of the respective parties and their successors, assigns, heirs and personal representatives. 7. Separability. Each provision of this Agreement and the application thereof are hereby declared to be independent of and severable from the remainder of this Agreement. If any provision contained therein shall be held to be invalid or to be unenforceable or not to run with the land, such holding shall not affect the validity or enforceability of the remainder of this instrument. 8. Nonforfelture or Reversion. Any obligations contained herein with regard to the rights granted hereby shall be construed as covenants and not as conditions and any violation of any said covenant shall not result in a forfeiture or reversion of the rights or easements granted herein or the property conveyed hereby. . 6 - Bk 12528 Pg319 #14571 9. Modification or Termination of Restrictions. This Agreement shall not be modified, amended, changed, or terminated or waived without the consent of Current Owner (or Current Owner's successor) as well as the consent of the Town of North Andover Planning Board. The Current Owner as well as the Town of North Andover may enforce and, if necessary, extend this Agreement in accordance with applicable law. Current Owner, the Lot 1 Owner and the Lot 2 Owner agree for themselves, and their heirs, successors and assigns to execute and record such notices of restriction as are required to extend this Agreement in perpetuity In accordance with applicable law. The Town of North Andover Is hereby declared to be a benefited party to and a holder of this Agreement and shall be entitled to enforce the terms of this Agreement and execute and record such notices of restriction as are required to extend the term of these restrictions contained In this Agreement in perpetuity. 10. Entire Agreement, This Agreement contains the complete understanding and agreement of the parties thereto with respect to all matters referred to herein, and all prior representations, negotiations, and understandings are superseded hereby. 11. Governing taw. The laws of the Commonwealth of Massachusetts shall govern the interpretations, validity, performance, and enforcement of this Easement. IN WITNESS WHEREOF, the parties hereunto set their hands and seals. Dated the day and year first above written. William M. Gillen 1 • Bk 12528 Pg320 ##14571 1 Commonwealth of Massachusetts County of Essex On this 11th day of May, 2011, before me, the undersigned notary public, personally appeared the above named William M. Gillen and proved to me through satisfactory evidence of identification, which was an examination of drivers license issued by the Commonwealth of Massachusetts, to be the person whose name is signed on the attached Easement Agreement, and acknowledged to me that he signed it voluntarily for its stated purpose. No Public ` - M commission expires; JOHN T,SMOLAK NOTARY PUBLIC commonwealth of Massachusetts My Commission Expires Cacember 7. 2o!2 9 3 A i ESSI X-lCJRTH REGISTRY CK' QEED" I AVVFiEzNCF, MASS. m A TRUE 6OPY' ATE s: RE419FER'OF DEE=fiTS r 5 _ '_ 15937 MGL c. 183 sec. 5B Affidavit Property Address: 'Kelsey Lane,North Andover, Massachusetts Plan No, 16484 Book 14567, Page 297 Boob 14567, Page 309 Book 14567, Page 313 1, Judith M. Tymon, in my capacity as Town Planner and Agent for the Town of North Andover Planning Board, and having personal knowledge of the facts herein stated, under oath depose and say as follows: 1. That the plan entitled, "Definitive Subdivision Plan for KELSEY LANE located in North Andover, Mass., Record Owner and Applicant: William and Lynne Gillen, 54 Spring Hill Road,No, Andover, MA 01845, Christiansen & Sergi, Professional Engineers Land Surveyors, 160 Summer St., Haverhill, MA 01830 978-373-0310 dated May 19, 2009 and last revised on September 14, 2009," being recorded at the Essex County North District Registry of Deeds in Lawrence, Massachusetts (hereinafter the "Registry") as Plan No. 16484 contains an error in the NOTES section on the Cover Sheet (Sheet 1 of 5), specifically Note# 1., which states that the fee interest in the street commonly known as Kelsey Lane is to be retained by the Developer until conveyed to the Town, On its face, Note #1 implies that the fee interest in Kelsey Lane will be conveyed to, and accepted by, the Town of North Andover as a public way; M0031272:vQ • I f 1 ,16 2. It has been, and remains, the intention of the Town of North Andover's Planning Board and the Project Applicant, that said Kelsey Lane as shown on said plan shall remain a private way and that the fee interest in Kelsey Lane shall be retained by the Project Applicant and his successors in title. This requirement that Kelsey Lane and the private driveways shall never be maintained by the Town and will never be accepted as a public road is clearly stated in the"Decision—Definitive Subdivision Plan"document as recorded with said Registry on June 27, 2011 at Book 12528, Page 297 and is further restated in that"Declaration of Restrictive Covenant" as recorded with said Registry on June 27, 2011 at Book 12528, Page 309, and in that "Declaration of Driveway Easements, Access and Maintenance Agreement for Kelsey Lane" as recorded with said Registry on June 27, 2011 at Book 12528, Page 313; and further, 3. The project applicant, William Gillen, by his execution of the above referenced documents verified that he is aware of this condition, has accepted this condition, and that it was and remains the intention of the Town of North Andover's Planning Board that said Kelsey Lane and related driveways as shown on said plan shall remain a private way and that the fee interest in Kelsey Lane is not intended to be conveyed to the Town of North Andover, Therefore, said NOTE#1 which implies that the fee in Kelsey Lane is subject to conveyance to the Town of North Andover, and which NOTE #1 further implies that Kelsey Lane is intended to be accepted by the Town as a public way, was included on said plan in error and should have been deleted in accordance with the Planning Board's Decision, and as such it should be ignored and said plan should be reviewed as if it did not contain said NOTE #l. {00031272-.v2t Signed under the pains and penalties of perjury this day of July, 2011. J'f dith M. Tymon ' COMMONWEALTH OF MASSACHUSETTS ss On this err day of JU , 2011, before me, the undersigned notary public, personally appeared Judith M. Tymon, proved to me through satisfactory evidence of identification, which was a ❑ driver's license; personally known to me; or ❑ personally known to 3ra party witness personally known to me, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public My Commission Expires 6f(ea ek 4 20/1 JEAN A ENRiGHT CommonweaM of Museft My Cnnxnis M Expires October 6,2017 CERTIFICATE I, John T. Smolak, hereby certify that I am an attorney at the law offices of SMOLAK& VAUGHAN LLP in North Andover, Massachusetts and that the facts stated in the foregoing affidavit are relevant to the title to the premises therein described and will be of benefit and assistance in clarifying the chain of title thereto. Jo le. Smolak 00031272•Q i i l i CONSENT The undersigned, the Town of North Andover Planning Board (the "Planning Board"), does hereby acknowledge the consent and approval of the Planning Board to: (i) that certain Corrective Form I — Covenant, recorded herewith and prior hereto at Bonk , Page , (ii) that certain Corrective Form M -- Conveyance of Easements and Utilities, recorded herewith and prior hereto at Book , Page , and (iii) that certain Corrective Declaration of Driveway Easements, Access and Maintenance Agreement for Kelsey Lane, recorded herewith and prior hereto at Book , Page (collectively, the "Corrected Instruments"), and to the amendments set forth in the Corrected Instruments, including the substitution and replacement of all references to Lot 1 as shown on Plan No. 16484 with reference to Lot 3 on said plan, in such instruments, Without limitation to the forgoing, it is also expressly acknowledged and agreed that Lot 1 was not intended to be encumbered by and is hereby released from the original Form I — Covenant as it was recorded at Book 12528, Page 307, and that Lot 3 has been substituted in place thereof and made subject to the said Form I — Covenant, as it has been corrected, amended and restated. Further, notwithstanding any restrictions on sale or transfer of Lot 2 and Lot 3 as contemplated by the said corrected Form I — Covenant, the Planning Board does hereby consent to the sale of both Lot 2 and Lot 3 to Belford Construction Incorporated, a Massachusetts corporation having a mailing address of 55 Marble Ridge Road, North Andover, MA 01845 or its nominee (the "Buyer"), provided however that Lot 2 and Lot 3 shall be and remain subject to the said corrected Form I — Covenant and the Buyer shall accept title subject to and be bound by the terms and provisions of said corrected Form I — Covenant. (00114696;v I) Executed under seal as of this day of February, 2018. Town of North Andover Planning Board Commonwealth of Massachusetts County of Essex On this day of February, 2018, before me, the undersigned notary public, personally appeared the above named and proved to me through satisfactory evidence of identification, which was , to be the person(s) whose name(s) is(are) signed on this Agreement, and acknowledged to me that he/she/they signed it voluntarily for its stated purpose, for and on behalf of the Town of North Andover Planning Board. Notary Public My commission expires: {GQtl4696;vl) I Town of North Andover PLANNEW BOARD Eitan Goldberg, Chairrnari ;• John Sirrrores Peter Poynton Aaron Preston Jennifer Litz Christine Allen,.Associate Ttiesday March 6 2018 7 P.rn. 120 Main Street Town Hull North Andover MA 01845 45 L.Miniccuci:Plan is for 136 market rate rental housing units consisting of studio,one and two bedroom units(no 46 3 bedrooms). Suspects that it will draw 55+residents by nature of its proximity to the Senior Center and 47 downtown.Details related to landscaping,fencing,buffers, lighting and noise will be addressed.The parking 48 garage will be 104 parking spaces below grade.This is not an age restricted development. 49 J. Simons:The alternatives are the developer can still build the 40B 168 units/5 stories,or develop the property under 50 the existing GB,i.e.gas station,fast food restaurant,etc.Your point of this project is to provide a less intense use. 51 Lynn Langton, 10 Surrey Drive;Expressed concern for the height of the buildings as it is adjacent to the airport, 52 the hard left turn onto Sutton Street and current traffic backs up at the light at China Blossom, Surrey Drive 53 already used as a out through. 54 J. Simons: Explained the FAA will need to approve this project as a result of examining flight paths. 55 Brandon tames, 19 Surrey Drive: Concern about neighbors looking down from four stories into his home and 56 parking up against his fence, 57 E, Goldberg: Summarized proposed zoning change 1)To snake these lots B2;2)To amend bylaw section 7.4 58 Building Heights-#6 to omit the phrase: "collectively compromising at least 5 acres", 59 E,K£ouiy: Provided an overview of the 12 B 2 parcels—size,location,and current use, 60 A.Maylon':The Town will be gifted the property for the parking and the Senior Center through the public process, 61 If there's a decision and minimum acreage is determined we'll work within that framewoi-k. 62 Board:Requested an inventory of all existing B2 parcels that could be potentially impacted by this rezoning effort 63 for the next meeting. 64 [Continued to Planning Boaf d meeting March 20, 2018] 65 66 Discussion: 67 Xelsey Lane,1130an Vaughan: 68 J. Enrigh : Tlnc errors on Form I covenant,Form M and driveway easements have been corrected and documents 69 have been rerecorded, The Applicant has posted a$4k Performance Bond for driveway construction, 70NOTION:J. Simons moved to release lots 2&3 from the covenant and allow the Planner to sign the Form J on 71 behalf of the Planning Board. A.Preston seconded,The vote was 5-0,unanimous in favor, 72 73 Potential Zoning Bylaw Amendment Warrant Articles 74 127 Marblehead Street: 75 Gene.Faye: Intends to convert the property to 2,2-bedroom units/may consider up to 4 rental units. 76 Board discussed a more concise plan identifying the property which is currently zoned as GB surrounded by R4.It 77 was noted that depending on what the applicant wants to do with the property the applicant will likely need to 78 approach the ZBA.The goal is to change the parcel to R4 similar to its surroundings, 79 [Board was in favor of supporfing this article] 80 81 800 Massachusetts Avenue: 82 J.Enri rt:Noted that there is not an official submission yet for a change in zoning from R3 to B.1, 83 Stan Lim port,Petitioner&Pres.NA Historical Sooie :Asked whether the Board had any feedback after the 84 recent site visit? 85 Ben Osgood,Trustee Center Realty Trust: Center Realty Trust is a stakeholder in the Historical Society and would 86 like to see the building in use.Expressed there is insufficient time to deal with the issue prior to town meeting, The 87 zoning change to B1 would perrnit too many undesirable uses. Suggested the formation of working group. 2 i i Town of North Andover PLANNING BOARD Eitan Goldberg, Chairman • John Simons Peter Boynton Aaron Preston Jrennifer,Luz Christine Allen,Associate Tuesday March 6, 2018(a?, 7 P.m. 120 Main Street ToEvn Hall,North Andover,MA 01845 2 Present.J. Simons,P.Boynton,J.Luz,E. Goldberg,A.Preston, 3 Absent, C.Allen,Associate 4 Staff Present: J.Enright,M.Gregoire,B. Wolstromer 5 6 E.Goldberg,Chairman: The Planning Board meeting for'luesday,March 6,2018 was called to order at 7 p.m. 7 8 Annual Town Meeting Potential Zoning Amendment 9 J,Enright:Provided overview of proposed warrant articles. Stated that the Legal Notice will be submitted to the 14 Tribune prior to the next meeting. The zoning amendment public hearing will be scheduled April 3 which will 11 allow for three public hearings on zoning articles,if necessary. 12 477-505 Sutton Street 13 Andrew Maylor,TgWg Manager: The Senior Center addition project was one of public projects included in 2012 j 14 Facilities Master Plan, The current location is insufficient due to inadequate parking and space for programing,The 15 Senior Center project is currently in the Town.Manager's Capital Improvement Plan and has gone before the BOS&the 16 Finance Committee for funding for next year. This project provides an opportunity to locate the Senior Center within a 17 mile radius to downtown,develop a less dense housing project that the proposed 4013 and market a product that supports 18 or works in conjunction with the Senior Center. The project addresses the parking situation downtown by freeing up 19 spaces in the municipal parking lot behind Town Hail, Zoning changes are needed to allow this project to happen. The 20 senior center will have just under 14K sq.ft.on the first floor with a second stony to support the growing senior 21 population. 80 dedicated parking spaces are included, 22 E.GaldbcrrY:Asked about alternative projects. 23 A.A.Maylor:Has seen a variety of projects that had greater density,were taller,closer to the neighborhood. Wonted with 24 the developer to reduce the impact on the adjacent neighborhood. 25 J,Simons:You are making a zoning change;are all the setbacks,coverage ratio in full compliance? 26 E.Kfoury,Community and Economic Development Director;Yes,a zoning change within B2 by eliminating the 5 acre 27 requirement and allowing the Planning Board to waive the height requirement up to 55 ft.and no more than four stories 28 for multifamily uses only. 29 L.Miniccucl:The current plan is conceptual and the Planning Board will help determine the character of the buildings. 30 Previous developments include Kittredge Crossing,Berry Farm,Peachtree,Stop`n Shop,The Maplewood Reserve, 31 Powder Mill Square in Andover,MA.We have acquired current state approval for 164,40B units in a 5 story structure. 32 We will be providing photometric studies, identify setbacks,buffer zones,drainage,etc as part of the site plan review 33 process. 34 Patrick&Cheryl Duft 59 SutLey Drive; Expressed that the neighborhood has train track within a half mile,a 35 sewage treatment plant, an incinerator and the airport nearby,yet it is a great place to live because of the natural 36 buffer to the commercial areas. Concerned about the loss of mature trees within the 50 ft, setback and that the 37 abutters did not know of the discussions between the town and developer.Expressed that a four story building just 38 doesn't fit in this area. C.Du inquired about the,timeline for construction expressing they will need to consider 39 putting their home on the market. 40 Ma tar: The Senior Center will be built prior to the residential units, If the zoning is approved at Town 41 Meeting,design will begin in late fall and construction completed in fall 2019, 1 42 Rachel Skera. 19 Surre Drive:Expressed concern for tree removal,new parking spaces, and traffic due to the 43 construction of 136 units. Concerned Surrey Drive will become more of a out through.Asked whether part of this 44 would be Section 8 housing and expressed concern for light spillover, 1 Town of'North Andover PLANNING BOARD Dian Goldberg, Chathnan John Sintarrs Peter Boynton •. Aaron Preston rennifer Litz Christine Allen,Associate Luesday March 6 2018 t 7 .m. 120 Main Street Town.,Fall North Andover MA 01845 88 Board:Discussed timing of this as it relates to the current Master Plan and potential zoning alternatives, 1,e,an 89 overlay or adjusting the R3 allowed uses.Board suggested maintaining the use as something cultural for the town. 90 MO P. Boynton moved to establish a working group to address a potential zoning change for 800 Mass. 91 Avenue,North Andover,MA, J, Simons seconded,The vote was 5-0, unanimous in favor. (J. Simons and Peter 92 Boynton agreed to represent the Planning board.) 93 94 95 General Code Bylaw Recodification Article: 96 J.Enri t:The Town Manager is writing this article,The article will include a recodification of the bylaw as well 97 as allow for some non-substantive corrective amendments to the bylaw. Other town documents will be re-codified 98 as well so that the numbering of all the documents will be sequential. 99 [Board is in favor of supporting this article] 100 101 Wireless Notification: 102 J. Enright:The only change since the last meeting is an explanation has been added to the draft article. 103 E. Goldberg: Spoke with Counsel and was told that federal law states that the town cannot snake changes that are 104 seen as unreasonable to a court. Concerned the hybrid method discussed at the last meeting may be overly 105 burdensome to staff and applicants. Counsel said the Board should explain reasoning for change in notification, 106 Goldberg: 500 ft,is appropriate because of the extraordinary impact cell towers have, stating they are unique; 107 impact on neighborhood,height,aesthetics,property values, etc.;suggesting there are internal mechanisms the 108 Board can take i.e.using social media to inform people. P.Boynton: Prefers the 500 ft, designation over the 300 109 ft,because the higher the towers are,the greater the visual impact;suggests establishing a scaled range based upon 110 the proposed height, e.g.a tower of 75 ft, and above is 500 ft., 100 ft, and above is 700 ft.,etc.A.Preston: Public 111 hearings will allow for public opinion and this Board to assess the effectiveness.There is nothing wrong with 112 establishing a number and testing its effectiveness over the next couple of applications. J, Luz:Prefers to increase 113 the notification to 500 ft, given the impact;the Board can mail additional notifications if the need arises. 114 Board: consensus was to present an article that extends the notification requirement for Wireless Service Facilities 115 to abutters to abutters within 500 ft.v. the existing 300 ft. 116 [Board is in favor of supporting this articleVj 117 118 Solar Bylaw: 119 J.En ight:Reviewed suggested edits to the proposed solar bylaw, 120 Board:Discussed the Pale-Mounted solar energy systems and how they should fit within the proposed bylaw. 121 Agreed to review the bylaw in detail for the next meeting, 122 [Roar d is In favor of supporting this article) 123 124 Communications 125 142 Greene Street: 126 Jx,Goldberg: Tho Board has received correspondence from the Building Inspector regarding this address and 127 explained that although the Planning Board has no role in this project,the Board is interested in hearing what the 128 comments are as they relate to the Planning Board. . 3 Town of North Andover PLANNING BOARD Eitan Goldberg, Chairnran John Simons Peter Boynton •. Aaron Preston Jennifer Luz Christine Allen,Associate , Tuesday March G 2018 k 7 P.m, 120 Main Street Totwn Hall North Andover AL4 018g5 129 Margaret Mannion,20 Parker Street: Cautioned that the Board may need to revisit Section 4,1,22(14 B)in the 130 bylaw due to multi-family"conversions"that are being approved and may occur in the future.Requested a law be 131 passed to define"addition"..Property additions are cropping up that are the equivalent in size to existing homes, 132 Kim Reardon.: 62 Parker Street: Concerned that:abutters were not notified.Referenced this project as an 133 "incremental conversion". 134 MOTION:J.Luz moved to receive and place correspondence on file. P. Boynton seconded,The vote was 5-0, 135 unanimous in favor. 138 MELTING MINUTES 139 MOTION: P.Boynton moved to approve the February 20,2018 meeting minutes. A.Preston seconded. The vote 140 was 5-0,unanimous in favor. 141 142 ADJOURNMENT 143 MOTION: J.Luz moved to adjourn the meeting, Seconded by P.Boynton,The vote was 5-0,unanimous in 144 favor. Meeting adjourned[,}a 9:50 p,m, 145 146 Mr CTING MATERIALS'.Manning Board Agenda March 6,2018,DRAFT Planning Board Meeting Minutes 1i ebivary 20, 147 2018;Kelsey Lane:Kelsey Lane Dorm J(Stamped by Surveyor)(00115879OC4176)(1);Annual Town Meatin :Wheless 148 Abutter Notification: 18036 Warrant Article with Explanation draft, 180214 Warrant Article draft;Solar Bylaw:MA Gov ms Bylaw draft; r Energy Systems aw s Bylaw with Explanation draft 180227 Sala , 149 Modal Zoning, 180306 Solar Energy System y p g5' Y Y 150 Bylaw Reeodifreation:Bylaw Reeodification;800 Mass Ave(museum bldg.):Warrant Article rezone to bl,Inspector of 151 Bldgs 800 Massachusetts Ave., 18036 Center Realty Trust Correspondence, 180224 NAPB Q&A, 1982 Assessor Map, 1932 152 Plan 875,800 Mass Ave Locus;505 Sutton Street:Zoning Map Amendment,Zoning Amendment-Building Height,Plan 153 HAI-Sutton Street MP v6,82 Parcels, 180306 Plan HAI-Sutton Street MP v6; 127 Marblehead Street:127 Marblehead Sheet, 154 127 Marblehead map; 142 Greene Street: 142 Greene Street Correspondence, 180302 Inspector of Bldgs 142 Greene St 155 Correspondence,Building Inspector Letter-142 Green Street. 4 i Town of North Andover PLANNING BOARD John Shno►►s, Chair►nan Gila►t Goldberg Aaron Preston Peter Boynton � � Ont'str►te Allen,Associate Je►tnifer Litz " i Titesday FebritarP 20, 2018 O 7 u.in. 120 Main Street To; Fall, North Andover,MA 0184S I 2 Present: J. Simons,P.Boynton,J,Luz,E, Goldberg,A.Preston,C.Allen 3 Absent: 4 Staff Present: J,Enright,M. Gregoire, B, Wolstromer 5 6 J. Simons,Chairman: The Planning Board meeting for Tuesday,February 20,2018 was called to order at 7 p.m. 7 8 Master Plait Update,RKG Associates 9 Erik Halvorsen&Eric Kfoury provided an update on the Master Plan;discussed elements of the Master Plan and 10 explained the process including vision statement,goals, strategies,etc. and requested feedback and comments I I from the Planning Board. The next public forum is March 15 @ 6:30 p.m, at NAHS,All are welcome. 12 13 ANR 14 7.1 Riverview Street: Request by John Conlon and Sean Ferris 15 J.Enright: 71 Riverview St. currently spans the roadway easement and extends to the Merrimack River, The 16 proposed ANR separates the lot into two parcels. One parcel is 8,163 sq. ft,with an existing home on it and the 17 other is approx. 22, 500 sq. ft.with an existing garage.The minutes from this past October were included in the 18 Board's packet.At this meeting an ANR Plan for 67 Riverview Street was approved and the applicant 19 communicated that he intended to extend the dead end street and create a definitive subdivision with potentially 20 three lots including a hammerhead turnaround. That is not what is being presented tonight, 21 S.Ferris: Presented his Plan. 22 Board: Consensus that the presented plans shows Lot B2 as non-conforming in frontage and area. The R 4 district 23 requires I2,500 sf and 100 feet of contiguous frontage. Showing additional lots is critical to understanding the ' 24 overall development and intent of the potential subdivision, This would create a legally non-conforming lot.The 25 sentiment of the Board was to deny the Form A. 26 S. Ferris; Agreed to amend the Plan to show the full intent of the project with required frontage and area for the 27 lots, 28 MOTION: E. Goldberg made a motion to deny the Form A for 71 Riverview Street as presented because the new 29 lot does not provide adequate frontage and it creates a lot that is legally non-conforming. Thu Board deemed it 30 does not have sufficient grade and construction, J,Luz seconded the motion.The vote was 5-0 unanimous in 31 favor. 32 33 PUBLIC HEARINGS 34 CONTINUED PUBLIC HEARING,Corner of Mill Road and Johnson Street(Man 107A,Lots 35 294,46,293,28),TKZ LLC: Application for a Land Disturbance Permit in connection with proposed 36 construction of four detached single-family homes with site grading, driveways,septic systems,and service 37 utilities within the Residential 2(R-2)Zoning District, 38 M.Greer:All concerns have been addressed.The draft decision has been prepared, 39 MOTION:A. Preston made a motion to close the public heating for the Land Disturbance Permit for the Corner 40 of Mill Road and Johnson Street(Map 107A,Lots 294,46,293,28).E. Goldberg seconded the motion.The vote 41 was 5-0 unanimous in favor. 1 Town of North Andover PLANNING BOARD John Simons, Ch airmmn � � 1 Eitan Goldberg Arrron Preston Peter Boynton °£ =� Clrristirre Allen,Associate Jenn fer-Luz • Tuesday Fehr-narP 20, 20.18 a, 7 parr. 120 Main Street Toryrt Hall, Nortlr Andover,MA 01845 42 MOTION: B. Goldberg made a motion to approve the Land Disturbance Permit for the Corner of Mill Road and 43 Johnson Street(Map 107A,Lots 294,46,293 and 28)as amended. P. Boynton seconded the motion.The vote was 44 5-0 unanimous in favor. 45 46 DISCUSSIONS 47 Kelsey Lane,Brian Vaughn: Scriveners error and potential sale of 2 Lots to a Form I covenant or for Form J lot 48 releases 49 J. Enright: Kelsey Lane was approved in October of 2009;the plans and associated documents were recorded. 50 There was an error on several of the documents. The documents should have referenced Lots 2 and 3; however, 51 they reference Lot 1. 52 BB, Vaughan: Lot I (applicant's residence)fronts on Spring Hill Rd,Lots 2&3 front on Molly Towne Rd.When 53 the documents were prepared, it referenced lots 1 &2 instead of lots 2&3. 54 J.Enrig :This is a definitive subdivision which waived all roadway construction.Two driveways will be 55 constructed.The Form M and the Driveway Easement is clearly a scrivener's error, The Form I covenant needs to 56 be addressed which protects these lots fi-orn not being sold until the driveways are constructed.The applicant 57 wishes to sell these lots to a developer. 58 MOTION: E.Goldberg made a motion to direct tine Town Planner to correct the scriveners errors involving lots 1, 59 2&3 for Kelsey Lane for the driveway casement and the Norm M, as described in the materials to make the 60 correct designations as they were meant to be originally made as approved by the Planning Board in 2009 and 61 pursuant upon review by Town Counsel.J.Luz seconded the motion.The vote was 5-0 unanimous in favor. 62 B.Vau lg ian;When originally approved,the lot fronting on Spring HiII Rd was a Rilly completed road.It didn't 63 need to be subject to a Form 1 covenant.It already had access and a house existed.It is a scriveners error because 64 the currently existing Form I restricts Iots I &2,but does not restrict lot 3.I was seeking to amend it so that lots 2 65 &3 would be subject to the Form I and lot I would be released from it.To sell the two lots we need a release for 2 66 &3.The current Form I restricts sale of the lots until they are released. 67 Board: Given the scope of this approval,if the bond is in place it should be ok to release the lots, 68 B. Vaughan: The buyer will post a bond prior to closing. 69 J. Simons: Get the bond in place;DPW and the Planner to sign off and we'll release tine Covenant. 70 MOTION:E. Goldberg moved to allow the Town Planner,upon review and approval by Town Council,to correct 71 the scriveners error on the Form I, as indicated in tine materials.J.Luz seconded the motion.The vote was 5-0 72 unanimous in favor, 73 74 660 Great Pond Road Map 63 Lot 11 Southern Now England Conference of tine United Methodist Church: 75 Request a Waiver of a Watershed Protection.District Special permit 76 M. Gregoire: This applicant is requesting a waiver in the surface water supply watershed,The project involves 77 repaving and paving of a portion of the existing pavement and compacted access gravel driveway. Planning and 78 Conservation has reviewed the project; Conservation noting the applicant should maintain any flags placed by the 79 surveyor. 80 Dennis Griecci Civil Engineer-Andover Consultants Inc. &Rev.Dr.Lawrence Ja :Explained this is a 33.6 acre 81 lot on Lake Coohichewick;involving the long access drive to the conference center off Great Pond Road,Isolated 82 wetlands on the property have been flagged and the mean high water of the lake has been located.The long drive 83 is in disrepair.They are looking to pave the front portion and the second portion closer to the retreat center to 2 `N I Town of'North Andover PLANNING BOARD i 3 Dian Goldberg John Simons, Chairman Peter Boynton '�� � '� '� •� Aoron P►-estorr Christine Allen,Associate Jennifer Lrrz it a Tues(lae Febroary 20 2015 7 .m. 120 Mahr Street Town Hall North Andover MA 01845 84 define where visitors are to be directed.They have a limited budget;timing is of essence for project completion, 85 i,e,prior to spring to enable easy access to visitors, 86 J.Simons; Asked that the Conservation Restriction on the property be reviewed to ensure this activity can be done. j 87 Board: Consensus that this proposal should go throe li the public hearing process, The DPW Engineer can 88 provide the stormwater review for the VarQLcat. 89 90 Potential Zoning Amendment Articles: 91 92 127 Marblehead Street: 93 Richard Byers,Esq. &Gene Fay,property owner: Explained history of the site as a convenience store with a 94 couple of apartments on the second floor.The parcel is zoned GB and the owner would like to have it zoned R 4, 95 similar zoning to the surrounding area.Tire lot size is 4,356 sq,ft.The number of additional apartments would 96 need to be determined based on the bylaw.The applicant is not looking to expand the footprint. 97 Board: Would consider sponsoring the article, once things are lined up. 98 99 Extending Wireless Facilities Permits: Addressed the Board's interest in extending the 300' abutter notification 100 requirement for wireless facility permits.Board discussed options including extending the notification up to 1,000' 101 and/or a hybrid approach of certified and non-certified mailings beyond the 300'. It was determined that another 102 meeting is required for further discussion in order to make any conclusions. 103 104 Citizens Petition-800 Mass.Ave. former Print Museum; 105 Stan Lim pert, Petitioner&Pres.NA Historical Socie1y,43 Stonecleave Rd. &Torn Zahoruiko:This building has 106 been a museum since 1960.The building is currently vacant. Presented a proposed article to change the parcel 107 zoning from R-3 to B-1. Looking to change zoning in order to look at effective uses similar to what exists in the 108 Old center i.e.,The Brick Store,Hayscales building,professional offices,ctc.The building warrants extensive 109 renovation, Other than zoning restrictions,there are no restrictions on the property,this is not all historic structure, 110 Expressed that the applicant is a private entity and needs to do something with the building, 111 E. Goldberg: Expressed that he felt the suggested uses were suitable, 112 J.Simons:Expressed concern that the building is not contiguous to the other buildings; it's a completely different 113 building of a different era.Anyone can tear it down in the future and build whatever they please(in a B 1 district) 114 on what is the most sacred,precious ground in the entire town.You'd have no assurance what the town will end 115 up with.This is a big deal and requires more time. If you lose a zoning change you have a bigger problem. 116 T. Zahoruiko: Challenged that either could happen with a home in R3 or business in B1 stating that B1 is the least 117 impactful business alternative. 118 Kathy Stevens, 83 Acaderny Rd.:Expressed that the building was built by her relatives designated as a museum 119 reflecting the town's textile history.Little did they know that the mills would be gone and this building would be 120 left standing. When the textile museum moved to Lowell they tools the endowment with them.We desperately 121 need resources.There are no uses for that building that can't be made without zoning or a special permit,We 122 would like to preserve the building; the original bell from the mills resides in the cupola; I would be so sad if it 123 were torn down, We are not planning on selling it;we would be willing to withstand any restrictions. We would 124 like to find a potential tenant for reduced rent to do tlie repairs. We want to continue to own it;we want control of 125 the building for the good of the town.The lot is 1.75 acres(including the headquarters).The building is 126 approx.18K sq.ft. 3 Town of North Andover PLANNING BOARD Jolin Simons, Chairman Elton Goldbeig • ��`� °,�'� Aaron Pmston Peter Boynton Jeiurifev Litz 4 Clii-istine Allen,Associate Diesday Febiwai,y 20 2018 7 pxi. 120 Main Street Town Hall North Andover MA 0.1845 127 Diane Huster,279 Winter St.;We have been examining this building since 2006.The renovation is estimated at 128 over a million dollars.This building is in the society's backyard. We want to keep the front fagade as is. We don't 129 want a destructive neighbor;we'd like a quiet neighbor.We will scrutinize who is going to lease this. Water and 130 mold are becoming serious issues. 131 Susan I-Ialtmaier. 90 Herrick Rd:Under current zoning this has to be residential or museum.There are no more 132 museum uses that will happen,The building can't stand as it is;what will happen is that it will deteriorate more 133 and more;eventually there will be nothing, 134 T.Zahoruiko: I build homes for a living and the one thing I wouldn't want to see there is a house.No one will 135 build an 18,000 sq. ft.house there.The only way to preserve and pay for a building like this is by having a going 136 concern generating revenue for themselves and that building. 137 J. Simons: We don't have much tirne;you've got to look at the parking and the restrictions you will put on it.A 138 walk thru of the building was scheduled and will be posted for Saturday morning February 24,2018 at 9 a.m. 139 Board: General consensus that they would like to see the building saved,repaired and used. 140 141 505 Sutton Street: Eric Kfoury,Director of Community Development on behalf of Minco Development: This is a 142 high level introductory on a proposal that has unfolded very quickly.However there has been a great deal of work 143 leading tip to this resulting in a public/private initiative for a mixed use development at the former Knights of 144 Columbus building(505 Sutton St.).The site includes Parcels 477, 505 &499 Sutton Street behind China 145 Blossom. This has created an opportunity for the town to build a new senior center. Current owner Lou Miniccuci 146 (Minco)who is present this evening,put forth this proposal and received site approval from the state for a 40B 147 development at the site.They are receptive to our concerns for density;we adjusted the density down by approx. 148 25%.We now have a proposal that works well for everyone involved.It will be a less dense multi-family facility 149 and a 10K sq, ft.senior center with ample, dedicated parking and room for growth included.This will free tip the 150 municipal parking lot behind town hall for businesses.The project requires a zoning change,currently it is zoned 151 GB;we anticipate creating an Overlay District.We will present zoning to the Planning Board at your next 152 meeting,March 6,2018, We hope to establish Multi-Family use on the site similar to what we recently 153 accomplished at Forgetta Harm,Housing will be market rate with a mix of units(studio,one and two bedrooms j 154 only)meeting our existing housing demand. Our Current stock is insufficient. We are anticipating a total of 136 155 units. -The state approved 40B is for 164 runts. We will exercise our transportation shuttles more by tapping into 156 assisted living;transporting seniors from downtown to the proposed senior center location. We would like to 157 create a buffer between Surrey Drive and the site. 158 J. Simons: You have a use you want,Multi-Family at a certain density and certain height which of our existing 159 zones accommodates that use and that density?Does one or do you have to create another district or tweak 160 existing language?Is it one article or 3 articles? How long will this proposal take to finalize;there's not that much 161 time prior to Town Meeting, E.E.Kfourti: We are trying to do this as simple and direct as possible. 162 Pat and&Chetyl Duffy,Abutters, 59 Surrey Drive:Expressed concerns about this project. Stated they moved 163 from Salem,MA to North Andover because we liked this town and the neighborhood.Live directly behind this 164 project.The existing trees provide a wonderful buffer to China Blossom and the former Knights of Columbus.The 165 character of the neighborhood will be lost if a project of this scope;a four story building directly behind the home; 166 it changes the privacy of the back yard.The traffic patterns during rush Hour are notable;there are major backups 167 on Sutton St. to the Osgood St. lights currently without adding hundreds of more cars. Expressed that they are 168 trying to decide whether to move now and leave town. Would like the mature tree buffer identified on the newly 169 altered plan that demonstrates a four story building in the middle. 4 • j Town of North Andover PLANNING BOARD John Shnons Chairnrarr • ' ,1lltmr Goldberg ' ' ' ++� Aaron Preston j Peter 13oyrttort Chi--sane Allen,Associate Jennifer Lrrz • I Trresda leby-nary20 2018 0,7 pxt. 120 Hain Street Town Hall North Andover HA 01845 170 J. Simons: What's already been approved?Is it 4 stories?Having sketch plans with setbacks will be helpful, 171 la.K four : One of the structures is five stories,the setback on the revised plan is better than what was originally 172 approved. 173 174 Land Disturbance Permit:The bylaw was adopted in 2011.These permits are fairly infrequent,however,we have 175 had a few of these permits recently,The stormwater bylaw permit granting authority is the Planning Board.The 176 bylaw is triggered if there is no other review of a disturbed area of 1 acre or more, Conservation has had review of 177 a portion of the project for all 5 Land Disturbance Permits issued. Currently,their review does not include the 178 stormwater management for the entire area of disturbance. Our bylaw allows some exemptions,The Conservation 179 Administrator has proposed that if an applicant is before Conservation for a portion,that they would also 180 administer the Storinwater Bylaw.The applicant would then not have to go to two different Boards. 181 Board: General consensus that they would not be in support of this proposal. 182 183 Solar bylaw: This proposes a new bylaw section to provide zoning for solar. The draft is modeled on the state's 184 model zoning. I incorporated some content from Amesbury,Haverhill and Beverly. At a high level, it has allowed 185 uses in certain districts,some of which would be as-of-right zoning(rooftop and small scale solar)across the town, 186 some by Site Plan Review,and others by Special Permit.The Board will review the draft and discuss at the next 197 meeting. 188 189 Board Elections: 190 MOTION: J. Luz made a motion to elect Eitan Goldberg as the Chairman.A.Preston seconded the motion,The 191 vote was unanimous 5-0 in favor. 192 MOTION: J. Simons made a motion to elect P. Boynton as the Vice Chairman.A.Preston seconded the motion, 193 The vote was unanimous 5-0 in favor. 194 195 MINUTES APPROVAL 196 MOTION: J. Luz made a motion to approve the February 6,2018 minutes. A. Preston seconded the motion. The 197 vote was 5-0,unanimous in favor. 198 ADJOURNMENT 199 MOTION: J. Luz made a motion to adjourn the meeting. The motion was seconded by A. Preston.The vote was 200 5-0,unanimous in favor.Meeting adjourned 10:00 p.m. 201 202 MEETING MATERIALS:Planning Board Meeting Agenda February 20,2018,DRAFT Planning Board Meeting Minutes 203 February 6,2018,Masterplan update:MP Final Vision Statement,MP Goals-Strategies,MP Public Forum flyer 2;71 204 Riverview St.: 170708 Owner Agent Authorization, 171003 Riverview St.Minutes,BANR71riverview-MSPCS-ANR 2406 205 20scFINAL,Locus 71 Riverview Street;Corner of Mill Road&Johnson St.: 180215 Mill Road Jolunson Road- 206 LandDisturbance�DRAFT;Kelsgy Lane: 180215 Vaughan Correspondence,Consent to Corrective Amendments 207 (00114696xBC4F6),Definitive Subdivision Plans(00023473xBC4Ii6,Kelsey Lane Decision,Redline Driveway Easement 208 (00114704xBC4F6),Redline Farm 1(001 14702xBC4F6),Redline Form M(00114703-20C4F6);660 Great Pond Road:660 209 Grcat Pond Road-Proposed Paving Plan,Presentation Color Board 660 Great Pond Road,Waiver Request 660 Great Pond 210 Road Compiled;Potential Zoning Annendments_/127 Marblehead St.: 127 Marblehead Street handout, 127 Marblehead 211 Street Proposed R-4 District, 127 Marblehead Street Article, 180214 Byers Memorandum;505 Sutton St.:(no materials);800 5 Tower of North Andover PLANNING BOARD i Alm Sintons, Chairman Eitan Goldberg • � Artt'On Preston Peter Boynton Cltr-1stine Allen,Associate Jentt fer Luz Tuesday February 20,2018 017o.m. 120 Main Street Towu Hall, North Andover,MA 01845 212 Mass.Ave,Museum: 800 Mass Ave Locus,Warrant Article rezone to B 1;Solar: 180215 Solar Energy Systems Bylaw draft, 213 MA Gov Model Zoning,Solar Image 1,Solar Image 2,Solar Iinage 3,Solar Image 4; 214 Stormwater Management Bylaw: Ch 160 Stormwater Management Erosion Control Bylaw,Amendment Stormwater 215 Management Bylaw;Wireless Abutter Notification: Abutter Notification Options,Abutter Noticing Comparison, 180214 216 Warrant Article draft, 180212 Rivet email comment, 180211 T.Baird email correspondence, 180209 L.Roberts email 217 correspondence,500' 122 Foster,300' 122 Foster, 122 Foster 500'parcel map;/142 Greene Street: 142 Greene Street 218 Correspondence. I I i 6 1 Town of 1Vorth Andover PLAMING.BOARD P Eitan Goldberg, Chairman •' John Siarons Peter Boynton Aaron Preston Jean der Lux Christine Allen,Associate Tnesd(4v March 6 2018 Q7 p.rrr. 120 Main Street Town Hall NortlrArtdover MA OZ&qS 1 2 Present:J. Simons,P.Boynton,J.Luz,E. Goldberg,A.Preston, 3 bsent: C. Allen,Associate 4 Staff Present: J.Enright,M.Gregoire,B, Wolstromer 5 6 E.Goldberg,Chairman: The Planning Board meeting for Tuesday,March 6,2018 was called to order at 7 p.m. 7 8 Annual:Town Meeting Potential Zoning Amendment 9 J.Enright:Provided overview of proposed warrant articles. Stated that the Legal Notice will be submitted to the 10 'Tribune prior to the next meeting. The zoning amendment public hearing will be scheduled.April 3 which will 11 allow for tht•ee public hearings on zoning articles,if necessary. 12 477-505 Sutton Street 13 Andrew Ma lot,Town Ma�_eager: The Senior Center addition project was one of 7 public projects included In 2012 14 Facilities Master Flan. The current location is insufficient due to inadequate parking and space for programing.The 15 Senior Center project is currently in the Town Manager's Capital Improvement Plan and has gone before the BOS&the 16 Finance Committee for funding for next year. This project provides an opportunity to locate the Senior Center within a 17 mile radius to downtown,develop a less dense housing project that the proposed.40B and market a product that supports 18 or works In conjunction with the Senior Center, The project addresses the parking situation downtown by freeing up 19 spaces In the municipal parking lot behind Town Hall. Zoning changes are needed to allow this project to happen. The 20 senior center will have just under 10K sq.ft.on the first floor with a second story to support the growing senior 21 population. 80 dedicated parking spaces are included. 22 L.Goldberg:Asked about alternative projects. 23 A.Mayor:Has seen a variety of projects that had greater density,were taller,closer to the neighborhood. Worked with 24 the developer to reduce the impact on the adjacent neighborhood, 25 J.Simons:You are making azoning change;are all the setbacks,coverage ratio in full compliance? 26 E.Kfoury.Community and Economic Development Director: Yes,a zoning change within 132 by eliminating the 5 acre 27 requirement and allowing the Planning Board to waive the height requirement up to 55 ft,and no more than four stories 28 for multi-family uses only. 29 L.Miniccuch The current plan is conceptual and the Planning Board will help determine the character of the buildings. 30 Previous developments include Kittredge Crossing,Berry Farm,Peachtree, Stop`n Shop,The Maplewood Reserve, 31 Powder Mill Square in Andover,MA.We have acquired current state approval for 164,40B units in a 5 story structure. 32 We will be providing photometric studies,Identify setbacks,buffer zones,drainage,etc as part of the site plan review 33 process. 34 Patrick&Cher, 1y Duffy,59 Surrey Drive: Expressed that the neighborhood has train track within a half mile,a 35 sewage treatment plant, an incinerator and the airport nearby,yet it is a great place to live because of the natural 36 buffer to the commercial areas, Concerned about the loss of mature trees within the 50 ft,setback and that the 37 abutters did not know of the discussions between the town and developer.Expressed that a four story building just 38 doesn't fit in this area. C.D inquired about the timeline for construction expressing they will need to consider 39 putting their home on the market. 40 A. Ma lor: The.Senior Center will be built prior to the residential units. 7f the zoning is approved at Town 41 Meeting,design will begin in late fall and construction completed in fall 2019, 42 Rachel Skorry, 19 Surrey Arive: Expressed concern for tree removal,new parking spaces,and traffic due to the 43 construction of 136 units. Concerned Surrey Drive will become more of a cut through.Asked whether part of this 44 would be Section 8 housing and expressed concern for light spillover. 1 Town of North.Andover PLANNING BOA" Eitan Goldberg, Chairmant Johni Simons • Aaron Preston Peter 43oynton Christine Allen,Associate Jeinnn fen'Litz hiesday March S 2018 A7 p.m. 720 Mahn Street Town Hall Nortli Andover MA D1845 45 L.Miniecuci:Plan is for 136 market rate rental housing units consisting of studio,one and two bedroom units(no 46 3 bedrooms). Suspects that it will draw 55+residents by nature of its proximity to the Senior Center and 47 downtown.Details related to landscaping,fencing,buffers, lighting and noise will be addressed.The parking 48 garage will be 104 parking spaces below grade.This is not an age restricted development. 49 J.Simons:The alternatives are the developer can still build the 40B 168 units/5 stories,or develop the property under 50 the existing GB,i.e,gas station,fast food restaurant,etc.Your point of this project is to provide a less intense use, 51 Lynn Langton, 10 Surre Drive: Expressed concern for the height of the buildings as it is adjacent to the airport, 52 the hard left turn onto Sutton Street and current traffic backs up at the light at China Blossom. Surrey Drive 53 already used as a cut through. 54 J, Simons:Explained the FAA will need to approve this project as a result of examining flight paths, 55 Brandon James 19 Surrey Drive: Concern about neighbors looking down from four stories into his home and 56 parking up against his fence, 57 R.Goldberg: Summarized proposed zoning change 1)To make these lots 132;2)To amend bylaw section 7.4 58 Building Heights-#6 to omit the phrase: "collectively compromising at least 5 acres". 59 E.LUouiy_:Provided an overview of the 12 B 2 parcels---size,location,and current use. 60 A.Major:The Town will be gifted the property for the parking and the Senior Center through the public process, 61 If there's a decision and minimum acreage is determined we'll work within that framework. 62 Board;Requested an inventory of all existing B2 parcels that could be potentially impacted by this rezoning effort 63 for the next meeting, 64 [Continued to Planning Board fneeting March 20, 2018] 65 66 Discussion: 67 Kelsey Lane,Brian Vauehan: 68 J.Enright:The errors on Form I covenant,Form M and driveway easements have been corrected and documents 69 have been rerecorded, The Applicant has posted a$4k Performance Bond for driveway construction. 70 MOTION:J. Simons moved to release lots 2&3 fi•om the covenant and allow the Planner to sign the Form J on 71 behalf of the Planning Board.A. Preston seconded.The vote was 5-0,unanimous in favor, 72 73 Potential Zoning Bylaw Amendment'Warrant Articles 74 127 Marblehead Street: 75 Gene Faye:Intends to convert the property to 2,2-bedroom units/may consider up to 4 rental units. 76 Board discussed a more concise plan identifying the property which is currently zoned as GB surrounded by Rol.It 77 was noted that depending on what the applicant wants to do with the property the applicant will likely treed to 78 approach the ZBA.The goal is to change the parcel to R4 similar to its surroundings. 79 [Board was in favor of mVporling this article] 80 81 800 Massachusetts Avenue: 82 J.Enri it:Noted that there is not an official submission yet for a change in zoning from R3 to B I. 83 Stan Lim pert.Petitioner&Pres.NA Historical Society.-Asked whether the Board had any feedback after the 84 recent site visit? 85 Ben Osgood,Trustee Center Reafty Trust: Center Realty Trust is a stakeholder in the Historical Society and would 86 like to see the building in use.Expressed there is insufficient time to deal with the issue prior to town meeting.The 87 zoning change to BI would permit too many undesirable uses. Suggested the formation of a working group. 2 i 1 i Town of.Nor-th Andovei- PLANNING BOARD I Eitan Goldberg, Chairman John Sirrroxrs Peter Boynton •, Aaron Preston ,lenn fer Lrcz Christine Allen,Associate Titesday March S 2018 07 P.m. .120 Main Street Town Pfeil North Andover MA 01845 88 Board:Discussed timing of this as it relates to the current Master Plan and potential zoning alternatives, i.e.an 89 overlay or adjusting the R3 allowed uses.Board suggested maintaining the use as something cultural for the town. a, 90 MOTJON: F. Boynton moved to establish a working group to address a potential zoning change for 800 Mass. 91 Avenue,North Andover;MA. J. Simons seconded.The vote was 5-0,unanimous in favor. (.1 Simons and Peter 92 Boynton agreed to represent the Planning board) 93 94 95 GeneraI Code Bylaw Recodification Article: 96 J. Enri t:The Town Manager is writing this article.The article will include a recodification of the bylaw as well 97 as allow for some non-substantive corrective amendments to the bylaw.Other town documents will be re-codified 98 as well so that the numbering of all the documents will be sequential. 99 [Board is in favor of supporling this article] 100 101 Wireless Notification: 102 J.J. E_nright: The only change since the last meeting is an explanation has been added to the draft article. 103 E, Goldberg7: Spoke with Counsel and was told that federal law states that the town cannot make changes that are 1.04 seen as unreasonable to a court. Concerned the hybrid method discussed at the last meeting may be overly 105 burdensome to staff'and applicants.Counsel said the Board should explain reasoning for change in notification. 106 Goldberg: 500 f1.is appropriate because of the extraordinary impact cell towers have,stating they are unique; 107 impact on neighborhood,height, aesthetics,property values,etc.;suggesting there are internal mechanisms the 108 Board can take i.e.using social media to inform people. P.Boynton: Prefers the 500 ft.designation over the 300 109 ft.because the higher the towers are,the greater the visual impact; suggests establishing a scaled range based upon 110 the proposed height,e.g. a tower of 75 ft. and above is 500 ft., 100 ft. and above is 700 ft., etc.A.Preston: Public 111 hearings will allow for public opinion and this Board to assess the effectiveness.There is nothing wrong with 112 establishing a number and testing its effectiveness over the next couple of applications. J.Luz.prefers to increase 113 the notification to 500 ft. given the impact;the Board can mail additional notifications if the need arises. 114 Board: consensus was to present an article that extends the notification requirement for Wireless Service Facilities 115 to abutters to abutters within 500 ft.v.the existing 300 ft. 116 [Board is in favor of supporting this article] 117 118 Solar Bylaw: 119 J.Bnright:Reviewed suggested edits to the proposed solar bylaw. 120 Board: Discussed the pole-Mounted solar energy systems and how they should fit within the proposed bylaw. 121 Agreed to review the bylaw in detail for the next meeting, 122 /Board is in favor of supporting this article] 123 124 Communications 125 142 Greene Street: 126 B.G_ .,, oldber :The Board has received correspondence from the Building Inspector regarding this address and 127 explained that although the Planning Board has no role in this project,the Board is interested in hearing what the 128 comments are as they relate to the Planning Board. . 3 Town of Norlh.Andover PLAIVVI TGPQARD Eitan Goldberg, Chairman � John Simons .Peter Boynton •, Aaron Preston Jennifer Luz Christine Allen,Associate Tue.sda 1VMarch b 2018 A 7 .m. 120 MWI Street Town Hall North Andover ALL 01845 129 Margaret Mannion,20 Parker Street: Cautioned that the Board may need to revisit Section 4.1.22(14 B)in the 130 bylaw due to multi-family"conversions"that are being approved and may occur in the future.Requested a law be 131 passed to define"addition":Property additions are cropping up that are the equivalent in size to existing homes, 132 Kim Reardon: 62 Parker Street: Concerned that abutters were not notified.Referenced this project as an 133 "incremental conversion". 134 MOTION:J.Luz moved to receive and place correspondence on file. P.Boynton seconded.The vote was 5-0, 135 unanimous in favor. 119 138 N Ut E,TING MMTE,S 139 MOTION: P.Boynton moved to approve the February 20,2018 meeting minutes. A,Preston seconded. The vote 140 was 5-0,unanimous in favor. 141 142 ADJOURNMENT 143 MOTION: J.Luz moved to adjourn the meeting, Seconded by P.Boynton.The vote was 5-0,unanimous in 144 favor.Meeting adjourned cr 9:50 p.m. 145 146 MEETING MATERI_ALS�Planning Board Agenda March 6,2018,DRAFT Planning Board Meeting Minutes February 20, 147 2018;Kelsey Lane:Kelsey Lane Form J(Stamped by Surveyor)(00115879xBC4F6)(1);Annual Town Meeting: ircless 148 Abutter Notification: 18036 Warrant Article with Explanation draft, 180214 Warrant Article draft;Sola_r,Bylayv:MA Gov 149 Model Zoning, 180306 Solar Energy Systems Bylaw with Explanation draft, 190227 Solar Energy Systems Bylaw draft; '150 Bylaw Recodlfication:Bylaw Reeodifieation;800 Mass Ave(museum bldg.):Warrant Article rezone to b 1,Inspector of 151 Bldgs 800 Massachusetts Ave„ 18036 Center Realty Trust Correspondence, 180224 NAPB Q&A, 1982 Assessor Map, 1932 152 Plan 875,800 Mass Ave Locus;505 Sutton Street:Zoning Map Amendment,Zoning Amendment-Building Height,Plan 153 HAI-Sutton Street MP v6,82 Parcels, 180306 Plan HAI-Sutton Street MP v6; 127 Marblehead Street:127 Marblehead Street, 154 127 Marblehead map; 142 Greene Street: 142 Greene Street Correspondence, 180302 Inspector of Bldgs 142 Greene St 155 Correspondence,Budding Inspector Letter-142 Green Street, 4