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Home My WebLink About2003-03-25 Legal Documents DEF SUB RECEIVFD fAND COURT, WSTOV. The !aria' herein clnnviliad will be shown 0" Qw, <<ppwv,'d ;Matt to follow its NORTH ANDOW---fl PLANNING DrPAFi k iUtr rl f FORM I c.()�'1,1\'AINI' Pkin 3 sis 00 mod( OP AMME0 AS DESCRIP-110H OW KNOW ALL MEN BY THESE PRESENTS THAT WHEREAS the undersigned has submitted an applicati Capeliottls,Eir)&C-et'S� } �, t dated ,lane 25, 2003 , 2003 io the North Andover Planning Board fora b pproval ol']]efinitive 1 lair ofa cirta,„ subdivision hearing the name of Definitive Subdivision Ilan,North Andover, MassachusC '? el NMI Applicant; RKACO, LLC, 1501 Main Street, Tewksbury, MA 01876, Date: March 27, 2002t,�M ilettc Inc' t:ivil/Site and Environmental Engineering Land Development and Permit Acquisition, 50 Watz.r Street, ,'vlM"l. Suite ;,'13, Newbut'ypoa't. MA 01950, and has requested That the Board approve such plan wit Perfo lu,ui ,equirin� a rmance bond, THIS AGREEMENT WITNESSETH THAT, for the consideration that the North Andover Planning 13oard 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 any lot until the work on the ground necessary to serve such lot ltas been completed in the manner required in thelot adequately aforesaid application, and in accordance a the covenants, conditions and agreements thereof, {except for the following particular items of\a,ork, the performance of which shall he exempt front the conditions of this contract: /1�� Sew 117S 5 P � .1�,� 3-6 4�lJ.7d/ Z4j c.UJrz� -] ?G 3 T '.. 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, 3. The undersigned agrees that this contract shall be binding upon Iris/!ter heir, 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 sltall coils tit>ste a covenant running with the land. Lots within the subdivision sltall respectively be released from tlne foregoing conditions hereof upon the recording of a certificate of performance executed by a majority of'saicl Planning Board which certificate shall enumet•ate the specific lots to be so released. There are no mortgages of record or otherwise on any of the]and 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. ll\' WITNESS WHEREOF, the undersigned, applicant as aforesaid, does hereunto set his/!ter hand and seal thisl5thday of 2003. ]� l f i I 1 COMMONWEALTH OF MASSACHUSETTS 2003 r Then personally appeared the above named Russell F. Ahern member and acknowledged the foregoing to be RFACO,LLC free act and deed,before me. Noi4ry Public My Commission Expi es: r. NOTE: This conveyance is not effective until accepted by Town Meeting. i FORM M CONVEYANCE OF EASEMENTS AND UTILITIES R1iACO,LLC(Russell F.Ahern,member),(name of owner)of 1501Main Street,Unit#t47,Tewksbury,MA 01876, (address)County of Massachusetts;for the consideration of LL.00,hereby grants, transfers and delivers 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 Wallace and Saville Street as shown on a Plan,dated June 25, 2003, said plan is made and said plan is incorporated herein for a complete detailed description of said roads. B. The perpetual rights and easements to use for purposes set forth on Exhibit A(describe use/purpose)the following parcel of land situated on Wallace and Saville Street in said Town of North Andover and bounded and described as follows: The grantor warrants that the aforesaid easements are free 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 from Saville Street Realty Trust=Lot"A Sharon M.Ahern Lot"B",dated 1/3/02; 5/9/03 and recorded in Essex No.District Registry of Deeds,Book"A"=109 "B"= 112,Page"A"=37: "B"=265 or under the Certificate of Title No, "A"= 13823, "B"=823241 registered in District of the Land Court,Book Page This is not a homestead property. To be completed if a mortgage exists: And 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 in to the Town forever from the operation of said mortgages, the rights and casement herein granted and assents thereto. Authorized signature of Mortgagee Owner IN WITNESS WHEREOF we have hereto set our hands and seals this 25"day of June,2003. se FACO, Rusll Ahern, Member, Owner COMMONWEALTH OF MASSACHUSETTS Middlesex ,ss Tune 25 ,2003 personallyThen appeared act nd e the above before me Russell F,Ahern,member and acknowledged the foregoing to be RFACO LLC No a Public My Commission Expires: October 6, 2006 NOTE: This conveyance is not effective until accepted by Town Meeting, FORM M CONVEYANCE OF EASEHENTS AND UTILITIES RFACO ussel1 F. Ahern,Metnber,(nameofowner) (address) of 1501 Main St . ,Tewksbury,Ma 01876 County, Massachusetts; for the consideration of $1 . 00 , hereby grants, transfers and delivers unto the I� Town of North Andover, a municipal corporation in Essex County, the following: A. The perpetual rights and easements to construct, inspect, repair, remove, replace, operate and forever maintain (1) a sanitary sewer or sewers with any manholes, pipes, conduits and other appurtenances, (2) pipes, conduits and their appurtenances for the conveyance of water, and (3) a covered surface and ground water drain or drains with any manholes, pipes, conduits and their appurtenances, and to do all other acts incidental to the foregoing,'including the right to pass along and over the land for the aforesaid purposes, in, through, and under the whole ofWa 11 a c e & S a v i 11 e S t;, dated Ju n P ,1�Z , 2.0 0 3 , said plan is made and said plan is incorporated herein for a complete and detailed description of said roads. B. The perpetual rights and easements to use fore u r p o s e s set forth on jXh�b$t A ( escri a use/purpose) the following parcel of land situated onWa 11 a c e & S av 7 I I e (street) in said Town of North Andover and bounded and described as follows: 4 4 s 30ej 1., J 3 u r C.ao,r'/q.J 4k 396 3 -? The grantor warrants that the aforesaid easements are free 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 f Saville Street Realty Trust = Lot "A" rom i� ��- „ „ recorded in Esser No . District Registry of Deeds, Book��AB-Bleat p A —1 °3/02' B 5�g�03 c�.'pg 37 , arg _ 65 or under Certificate of Title No, "A r'-13 8 2 3 rr B 11-8 2 3 2 4 District of the Land Court, Book > Page This is not a homestead property. ,JUI. 2 4 2003 NORTH AN00VF11 To be completed if a mortgage exists: PLANNING DEPAI-11 MENT And of a mortgage on the above described land, which mortgage is dated the present holder , 19 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. Authorized signature of Mortgagee Owner IN WITNESS WHEREOF we have hereto set our hands and seals this �S �� day of Y RFACO Russel'-F . AYiern , Member, Owner COMMONWEALTH OF MASSACHUSETTS d d l Ste.•, ss Then personally appeared the above named and acknowledged the foregoing to be s free act and deed, before me, C Y � No ary ublic My Commission Expires; vl �r 90a NOTE; This conveyance is not effective until accepted by Town Meeting. LAND COURT, r-: STOj. the fft4 6�ui�in cfescrll7�•r;�lil;��shown arr ff€rr approw'd piall to fullr7vw as Plan 3 c} i3_O0 +3 01 Goorge T. C�rpolialjis, t rrgir�oar 5,j EXHIBIT A DRAINAGE -EASEMENTS A non--exclusive easement in common with all others entitled thereto including the perpetual rights and easements to construct , repair, remove, replace, .operate and forever maintain surface and groundwater drain or drains with any manholes , pipes, conduits , and their appur- tenances , and to do all other acts incidental to the foregoing, including the right to pass along and over for the aforesaid purposes , in, ,through and under the whole of all of the roadways as shown on the Plan and all of the easement areas shown on the Plan, in all drainage easement areas shown on the plan entitled "Definitive Subdivision Plan, . North Andover, Massachusetts , Saville Street, Owner and Applicant : RKACO, LLC, 1501 Main Street, Tewksbury, MA 01876, Date: March 27, 2002 Milestone : Civil/Site and Environmental Engineering Land Development and Permit Acquisition, 50 Water Street, Mill #1 ; Suite #13, Newburyport, MA 01950, Drawing: T(Title Sheet) , Project : RKA0201 Drainage easement on Lot B as shown on said Plan. EASEMENT RIGHTS-IN STREETS A non-exclusive easement in common with all other entitled thereto and to all of the roadways as shown on the Plan for all purposes for which streets are used in the Town of North Andover (including the installation of utilities ) , namely: Wallace Street: -arY& S.av_"idl� .S,t,reet Lot A R. O .W. Easement Lot B R.O . W. Easement e COMMONWEALTH OF MASSACHUSETTS Middlesex ,ss June 25 , 2003 Then personally appeared the above named Russell F.Ahern,member and acknowledged the foregoing to be RFACO,LLC free act and deed,before me. Vry7Public My Commission Expires: October 6 2006 NOTE: This conveyance is not effective until accepted by Town Meeting. 03/05/2004 20:12 9788583851 ROH.AHERN PAGE 02 f fEB +¢ 04 otRr4e Form Th,,11ndoolgam beams* ;�p tha Ala met �q tlts ftlr Y�aslt the y Rosnd of t�'rv"of Nor&A .MA f Mby.,.CC New"1{At"" _ $ teed CVC$y t�4["B1t61tumal�inYel dat¢d' °L.f�IJl�lltdii Ut��'3A4YiN'e�MS � 2003 toad r mtded lay FUM,florets D.,, t Do*— --3 �'�=-�.��Otnegiae�t$dlttFseex Nort sand RAgiairy District as llvCvpaont Nn.$� and nnl�s!ou C009fivAtO Of Tick Ho 33 0 2 3 ,in t�Sion Hod 10 9 37 b'm comp �Ded to ��,�• @ V— - _.. .�h%vo ,P , sou atic�ptd+a Planigg Boord as to tlto Faflalving etxamneasted lots shown on Pik ectided + savf. St 1�ii Gild Dds.#'lam , - Rook mgl"Md in said[And Re jhky A#et&f flan 0ook PI an #3•Plan J and said lots cv t:l cby ¢ q the Ct1ChAt16 as to tot'tbd buildingLOcs died On said Mnaa. �pt ;�3� a7nc1 3t11 eye .P1 ate, ik3263,7) a" a ltrinwrt' as Y,nt A an Lo on Tic." e n .Plan (To be SMWA by a RoostoNad LmW 9orvnyor) i'hmby cettifp that lot n mber te)_ on savilUa + 3eotlon)04 GOA i to leyoat ds Dn�Q# �o Plan e,rtiEL�d of f n t vt a vi ry on of 3Land ' �? '► o. n ave va I St'. +� r f eyot '"�►v�� .. : s. oatd OfT& wn of NVA At&wer aa. Rl ` laymemblitl ►c�G. �11ai 09 thb plaumbg Boafd 4 the T- " of Notttt Aatllo PW "'f ibo t is4 .a>td�u t to be the t WW doer#oT snid Pt09ft Head, a ec r b� Town of North Andover ttCil4T13 Office of the Conservation Department Community Development and Services Division 27 Charles Street �s�scHube Alison McKayNorth Andover, Massachusetts 01845 Telephone(978)688-9530 Fax(978)688-9542 Conservation Associate September 26, 2003 RKACO LLC Attn: Rob Ahern 1501 Main Street, #49 1 , Tewksbury, MA 01876 RE: Fine Associated with the Pre-Construction Requirements for Lots A (242-1136) & B (242- 1.135) Saville Strut Dear Mr. Ahern: This department is in receipt of your letter dated 9/26/01 (typo)to reconsider lowering the$800 fine amount imposed from the failure to comply with several pre-construction conditions as required in the Order of Conditions under both 242-1136 and 242.1135. This $800 fine amount was based upon a fine of $100 per violation pursuant to the North Andover Wetlands Bylaw(178.10). Since there were a total of separate offences under two separate Orders,the fine amount totaled $800. In response to your letter, I am in agreement and am appreciative of the mitigation efforts made to rectify the issues for compliance. However,the department does not accept the excuse that compliance could not be met for the reasons as stated, specifically the additional year for the permitting process (i.e. Planning Board). The applicant is fully responsible for compliance with the Order of Conditions regardless of whether the proposed project was held up for any reason and/or plan changes were made as a result. There are several conditions in the Order that explain this in further detail. This department feels that the amount of$800 was warranted at that time,however the department has since determined that the fine shall be reduced to a lesser amount due to the quick response in addressinghnitigating violations. The rational that the 4 violations from the 2 separate Order of Conditions can be combined for violations under one Order only, since the conditions of both Orders are the same is also a determining factor in the decision to reduce the fine amount. In lieu of the above,the Conservation Department will reduce the fine amount to$400 (see enclosed ticket). Your anticipated cooperation is appreciated. Please feel free to contact me if you have any further question or concerns in this regard. Sincerely, Alison E. McKay Conservation Associate BOARD OF APPEALS 688-9541 BIJILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Errol. Cc: NACC Julie Parrino, Conservation Administrator Justin Woods, Planning Director Heidi Grim, Community Development Director File TOWN OF NORTH ANDOVER ff NOTICE OF VIOLATION OF WETLAND BYLAW I DATE OF TN3S NOTICE 0154 63 NAME OF OFFENDER J ADDRESS OF OFFENDE M Min Ilff CITY,STATE,ZIP C DE: cJ UATE OF e3HTH OF OFFENDEn 7 7 u M C�ids 7 MV OPERATOR LICENSE ER MV/M8 REGISTRATION NUMBER OFFENSE: rr " rL Orel Cn ' "d» aqa- 1136 Ln l o1YA - /i,36 TIME AND DATE OF V[OiAT1 0�$.'3a(A,M.) .M. ON S 15 20 D 3 A7 LoN o,vio4lTlorr$ rJ Vr'��+'� 4�- sIDNA OF ENFO//R�tCINO X ORCING DEPART ENT I! CiY! Vic ' I HEREBY ACKNOWLEDGE RECEIP F THE FOREGOING CITATION X IV/Unable to obtain signature of offender.Dale Mailed 6 Citation mailed to offender U � THE FINE FOR THIS NON-CRIMINAL OFFENSE IS$ 7 d 0, /ay YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER, (1)You may elect to pay the above fine,either by appearing In person between 8:30 A.M,and 4:30 P.M.,Monday through Friday,legal holidays excepted,before:The Conservation Office.27 Charles Street,North Andover,MA 01845 OR by mailing a check,money order or postal note-to 'the Conservation Office WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE.This will operate as a final disposition of the matter,with no resulling criminal record, (2)If you desire to contest this matter in a non-criminal proceeding,you may do so by making a w6lIon request,and enclosing a copy of this citation WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE TO: The Clerk-Magistrate,Lawrence District Court 380 Common St.,Lawrence,MA 01840 ATTN:21D non-criminal (3)If you fail to pay the above fine or to appear as specified,a criminal complaint may be Issued against you. !7 A,I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment In the amount of$ 0 B.I HEREBY REQUEST a non-criminal hearing on this matter. Signature WHITE:OFFENDER'S COPY YELLOW:CONSERVATION COPY ' PINK:POLICE COPY GOLD:COURT COPY i�Bf2Sf2666 it:66 576858385Y ROB.AHERN PAGE 02 - RKACO LLU. 150 i M iq STRUT VNtT 41 IEWKSOURY.MA01Uri Te1 . 978--$ X �3p98 Lc 4 , �.. --,I— 7� i2� � cy fr`' � � �. G ) �•'--""s2 -f'' �-�' � ry-~-�� «�+ Ian, e. e— pl --V y e f G'Kj 1 r' a'u a,r � &-rffe � f�r r,`.'�-.G� � �u,.i S + � may, � f�• �.0 ,,� �.� �r