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HomeMy WebLinkAbout2001-10-31 Decision Documents DEF SUB Town of North Andover OORTH Office of the Planning Departm t oni Development and i Diio r 27 Charles StreeL NorLh. Andover, Massachusetts 01845 ��sticr�ss Heich Griffin , Tel-e-toiio(4J, 8 8-9535 Planning Director Fax(978) 688-9542 Notice Of Decision Any appeal shall be filed Within(20)days after the Date of filing this Notice In the Office of the Town Clerk Date: October 31,2001 Date of Hearing: October 16,2001 & October 30,2001 Petition of: North Andover Realty Corp, 100 Johnnycake Street North Andover, MA 01845 Premises Affected: located on the northerly side of Dale Street Referring to the above petition for a Rescission of Approval of Plans. The request was submitted in accordance with the M.G.L. Chapter 41 Section 81 W. So as to allow:the rescission of the Planning Board approval made by the Planning Board on August 15,2000 filed with the Town Clerk on August 16,2000,the approval was for a modification to a definitive subdivision entitled Berrington Place North Andover,Massachusetts The modified plans approved August 15,2000 dated March 21, 1999 revised 6/14/00, 6/28/00 prepared by Erik D.Heyland P.E. 196 Central Street Saugus,MA 01906 prepared for MPG Realty Corporation 231 Sutton Street Suite 2F North Andover,MA 01845 and they depict a modification from a definitive subdivision containing seven buildable lots and one unbuildable lot to a subdivision containing three buildable lots and one unbuildable lot. After a public hearing given on the above dates, the Planning Board voted to GRANT,the request to rescind the approval filed with the Town Clerk on August 16,2000 for the approval of the modification to a definitive subdivision. Signed: ��'�'?L• �2'j f Cc: Applicant 'J hn Simdns, Chairman Engineer ;Iberto Angles,Vice Chairman Abutters Richard Nardella,Clerk ZBA Richard Rowen DPW Felipe Schwarz,Associate Member Building Department Conservation Department Health Department BOARD OF:OPEALS 688 9541 BUILDIltiG 688-9 S45 CONSERVATION 688-9530 HF,AL;i'H 688-9540 PLANNINIG 688 535 Town of North Andover 01 T 10, OFFICE OF 0 COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover, Massachusetts 01845 WU,LIAM J. SCOYr SA USt Director (978)688-9531 Fax (978)688-9542 NOTICE OF DECISION C= C= CD Any appeal shall be filed CD---4-< Within (20) days after the :*b n 7') = m rri Date of filing this Notice X co In the Office of the Town Cr C Clerk C:)C) rn Date: August 16,2000 W Date of Hearing: August 15,2000 N) Petition of. Mesiti-Moore's Falls LLC 231 Sutton Street#2,North Andover, MA 01845 Premises affected: Located on the northerly side of Dale Street Referring to the above petition for a modification of a definitive subdivision in accordance with the provisions of Chapter 41, Section 81U of the Massachusetts General Laws So as to allow: The modification to a definitive subdivision entitled Berrington Place which depicts a modification from a subdivision containing seven buildable lots and one unbuildable lot to a subdivision containing three buildable lots and one unbuildable lot. After a public hearing given on the above date,the Planning Board voted to APPROVE the modification to a definitive subdivision, based upon the following conditions: Signed_ z Alison Lescarbeau,Chair CC: Applicant Engineer John Simons,Vice Cha irman Alberto Angles,Clerk Richard_Nardella Richard Ro_wen William Cunningham BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 errington Place NOTICE OF DECISION August 16, 2000 Mesiti Development Corporation 231 Sutton Street North Andover, MA 01845 Dear Mr. Mesiti: Please be advised that at their regularly scheduled meeting of August 15, 2000 the North Andover Planning Board voted to APPROVE your application for a modification to a definitive-subdivision plan, plan entitled "Berrington Place" drawn by Erik D. Heyland, P.E., dated March 21, 1999, revised 6/14/00, revised 6/28/00. The plan depicts a modification from a seven lot subdivision with one unbuildable'lot to a three lot subdivision with one unbuildable lot. This modification was approved with the following conditions: 1 1. One certified copy of the recorded decision and endorsed plans must be filed with the Essex North Registry of Deeds and delivered to the Planning Department prior to Form U verification for any of the house lots depicted on these plans Included as a part of this decision are the following plans and reports: a) Plans Titled: Berrington Place,North Andover, MA Prepared By: Erik D. Heyland, P.E. 196 Central Street Saugus, MA 01906 Prepared For: MPG Realty Corporation 231 Sutton Street, Suite 2F North Andover, MA 01845 Plans Dated: 3/21/200,revised 6/14/00, revised 6/28/00 Sheets: Sheets 1 of 4 2. The applicant shall provide revised plans to the Town Planner and VIiB that depict the comments listed in VHB's memorandum dated 6/l/00, revised 7/18/00 denoted ,as Section III.A-C. These plans need an approval from both the Town Planner and VHB. 3. In no instance shall approval of this modification be construed to replace any of the conditions set forth in the originally approved Berrington Estates Subdivision Plan, decision filed with the Town Clerk on April 22, 1998, than for what is expressly stated in this conditional approval. All conditions in the decision filed with the Town Clerk on April 22, 1998 are still valid and this modification will not replace that decision other than the approval is now for three lots and one unbuildable lot instead of seven lots and one unbuildable lot. 4. The conditions of the watershed special permit for the property known as Berrington Place/Dale Street are still in effect and will remain unchanged. Sincerely, Allison Lescarbeau Chairperson, North Andover Planning Board cc: Department of Public Works Town of North Andover 0� t%ORTH OF ,M-. , William J. Scott 11-0, - I... Office of the Planning Department 0 Division Director Community Development and Services Division 27 Charles Street North Andover Massachusetts ASS CHUS Heidi Griffin Telephone(978)688-9535 Planning Director Fax(978)688-9542 January 26, 2001 Mr. Kenneth Grandstaff 231 Sutton Street, Suite 2F North Andover,MA 01845 RE: Notice of Decision dated August 16,2000 for plans entitled"Berrington Place" drawn by Erik D. Leyland, P.E.,dated March 21, 1999,revised 6/14/00, 6/28/00, 7/111/00 and 8/11/00. (Subdivision Modification) Dear Mr. Grandsta-Iff- Pursuant to our conversation today, please be advised that I am recommending that all construction relative to the above-referenced plan cease. The reason for this is that this plan is currently in litigation. As you'll recall, the Planning Board approved the plan and then this approval was subsequently appealed by an abutter. The Planning Board then endorsed the mylars, but they were unable to be recorded because the Town Clerk is unable to certify that the 20-day appeal period had expired without an appeal. I performed a site visit today where a gentlemen named Frank on site indicated that he was performing construction on site of this plan, which I relayed to him is the subject of litigation. Frank further indicated to me that your office was aware of the litigation but was building the road at your "own risk". I then returned to the office and called you and recommended that all construction cease. You were kind enough to agree to instruct your construction workers to leave the site for the time being. If you disagree with this recommendation., please writing respond to me in so that I may forward p Ing all correspondence to Town Counsel for further legal recommendations. I appreciate your cooperation in this matter- I will also forward this letter to other offices in this department (i.e. Conservation, Building, etc.) so they are apprised of this matter. Sincerely, Heidi Griffin Town Planner cc: Robert Nicetta, Building Commissioner Brian LaGrasse, Conservation Administrator William Scott,Director of Community Development North Andover Planning Board BOARD OFAPPE,�_T_S 688-9541 BUILDINGS 688-9545 CONTSERVATION688-9530 HE_UXH688-9540 PLAN-1,TING688-9535 Notico to APPLICANP/1"aN "E1�K and CartLricatioa of kctjo., � lW=i-rlS Board on DefLniti" Subdivision PLsn entitlad: Berringtcn Place gy: Allen & Major Associates, Inc. dated January 16, fg98 The North Andvvor Planning Board has voted to APPROVE acid plan, sub,jact to the following conditions: I. That tho rocord owners of the subject land forthwith execute and record a "covensirt running rritn tb.e lard" , or othcrriso provido recur-sty- for the con- st,-actior. of v,1,7g and the Lnstallaticn of municipal scrricec vi.thiO said sub.-_ d vision, all as provided by G.L, e. 4F1., S- 61-1J. 2- That all such eoristr^jcticn anal installations :.s}—ll Ln all respects conforn to the gcv®rning rvle3 ar�d reg 't°ions of thY:3 Board. 3. That, requi-ed by the North Ando-Ter Board" �f Health in its report to this ?,oard, no buiiiing or other structure 3h111 be bui7.t o; placed upon Loto No. as shown on said Plan v'thout the prior conse_-t, of said Board of Health. !.. Qther co�iitic�: 0 ry �CD n rrn c < is t;,Lc event that na appeal 3ha1't have been Prcm said approval within tvanty drl7-s f-�--ca thi9 date, the Borth Azdover Pljnn-jz.g Boa_-d gill forth-vith Toher-..aster ardor se tts formal a_ppro-,ra1 .ipon 3a-id p L =. ;e rth rover ° �o���aD A�pRCVc� a_ pile, or he oll wing ors: Richard S. Rowen Berrington Place Definitive Subdivision Conditional Approval The Planning Board herein APPROVES the Definitive Subdivision for a seven(7) lot subdivision known as Berri gton Estates Place. MPG Realty Corporation, 11 Old Boston Road, Tewksbury, MA 01876, submitted this application on January 16, 1998. The area affected is located off of Dale Street in the R-1 Zoning District. The Planning Board makes the following findings as required by the Rules and Regulations Governing the Subdivision of Land: A. The Definitive Plan, dated January 16, 1998, last revised on 3/3/98,;includes all of the information indicated in Section 3 of the Rules and Regulations concerning the procedure for the submission of plans. B. The Definitive Plan adheres to all of the design standards as indicated in Section 7 of the Rules and Regulations except as noted in Condition 17 Waivers. C. The Definitive Plan is in conformance with the purpose and intent of the Subdivision Control Law. D. The Definitive Plan complies with all of the review comments submitted by various town departments in order to comply with state law, town by-laws and insure the public health, safety, and welfare of the town. Finally, the Planning Board finds that the Definitive Subdivision complies with Town Bylaw requirements so long as the following conditions are complied with: 1) Environmental Monitor: The applicant shall designate an independent environmental monitor who shall be chosen in consultant with the Planning Department. The Environmental Monitor must be available upon four- (4) hour's notice to inspect the site with the Planning Board designated official. The Environmental Monitor shall make weekly inspections of the project and file monthly reports to the Planning Board throughout the duration of the project. The monthly reports shall detail area of non-compliance, if any and actions taken to resolve these issues. 2) Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following: a) A Development Schedule must be submitted for signature by the Planning Board, which conforms to both Sections 42, and Section 8.7 of the North Andover Zoning Bylaw. The schedule must show building permit eligibility by quarter for all lots. b) A Site Opening Bond in the amount of five thousand (S5,000) dollars to be held by the Town of North Andover. The Site Opening Bond shall be in the form of a check made out to the 1 Town of North Andover that will be placed into an interest bearing escrow account. This amount shall cover any contingencies that might affect the public welfare such as site-opening, clearing, erosion control and performance of any other condition contained herein, prior to the posting of the Roadway Bond as described in Condition 4(d). This Site Opening Bond may at the discretion of the Planning Board be rolled over to cover other bonding considerations, be released in full, or partially retained in accordance with the recommendation of the Planning Staff as directed by a vote of the NAPB. c) The final subdivision plans must be reviewed and approved by the outside consultant; the Planning Department and D.P.W. :3 d) A covenant (FORM I) securing all lots within the subdivision for the construction of ways and municipal services must be submitted to the Planning Board. Said lots may be released from the covenant upon posting of security as requested in Condition 4(d). e) The applicant must submit to the Town Planner a FORM M for all utilities and easements placed on the subdivision. f) All application fees must be paid in full and verified by the Town Planner. g) The applicant must meet with the Town Planner in order to ensure that the plans conform to the Board's decision. A full set of final plans reflecting the changes outlined above, must be submitted to the Town Planner for review endorsement by the Planning Board, within ninety (90) days of filing the decision with the Town Clerk. h) The Subdivision Decision for this project must appear on the mylars. i) All documents shall be prepared at the expense of the applicant, as required by the Planning Board Rules and Regulations Governing the Subdivision of Land. 3) Prior to ANY WORK on the site, a) Once the subdivision plans have been recorded, the applicant must apply for and receive a variance for work within the 75' Conservation Zone under the North Andover Watershed Protection District Zoning Bylaw. No work will be allowed on the site until the variance has been issued. If the request for a variance is denied, this subdivision will be in violation of the North Andover Zoning Bylaw and the approval will be deemed rescinded. b) Yellow"Caution"tape must be placed along the lirnit of clearing and grading as shown on the approved plan. The Planning Staff must be contacted prior to any cutting and or clearing on site. 2 c) All erosion control measures as shown on the plan and outlined in the erosion control plan must be in place and reviewed by the Town Planner. 4) Prior to any lots being released from the statutory covenants: a) Three (3) complete copies of the endorsed and recorded subdivision plans and one (1) certified copy of the following documents: recorded subdivision approval, recorded Covenant (FORM I), recorded Growth Management Development Schedule, and recorded FORM M must be submitted to the Town Planner as proof of recording. b) All site erosion control measures required to protect off site properties from the effects of work on the lot proposed to be released must be in place. The Town Planning Staff shall determine whether the applicant has satisfied the requirements of this provision prior to each lot release and shall report to the Planning Board prior to a vote to release said lot. c) The applicant must submit a lot release FORM J to the Planning Board for signature. d) A Performance Security in an amount to be determined by the Planning Board, upon the recommendation of the Department of Public Works, shall be posted to ensure completion of the work in accordance with the Plans approved as part of this conditional approval. The bond must be in the form of a check made out to the Town of North Andover. This check will then be placed in an interest bearing escrow account held by the Town. Items covered by the Bond may include, but shall not be.,limited to: i) as-built drawings ii) sewers and utilities iii) roadway construction and maintenance IV) lot and site erosion control v) site screening and street trees vi) drainage facilities vii) site restoration viii)final site cleanup A Performance Security may be established for each phase individually. 5) Prior to a FORM U verification for an individual lot, the following information is required by the Planning Department: a) A"One Way" sign must be placed on Dale Street visible from the new subdivision roadway in a location approved by the DPW. b) The Planning Board will review the status of the Subdivision and vote to verify FORM U ZD applications as appropriate and in conformance with this decision. c) An as-built plan must be submitted to the Division of Public Works for review and approval prior to acceptance of the sewer appurtenances for use. d) If a sidewalk is to be constructed in front of the lot, then such sidewalk must be graded and staked at a minimum e) The applicant must submit a certified copy of the recorded FORM J referred to in Condition 4(c) above. f) A plot plan for the lot in question must be submitted, which includes all of the following: i) location of the structure, ii) location of the driveways, iii) location of the septic systems if applicable, iv) location of all water and sewer lines, v) location of wetlands and any site improvements required under a NACC order of condition, vi) any grading called for on the lot, vii) all required zoning setbacks, viii)Location of any drainage, utility and other easements. g) All appropriate erosion control measures for the lot shall be in place. The Planning Board or Staff shall make final determination of appropriate measures. h) Lot numbers, visible from the roadways must be posted on all lots. 6) Prior to a Certificate of Occupancy being requested for an individual lot, the following shall be required: a) Sprinkler systems must be installed in all homes per NAFD requirements. b) The roadway must be constructed to at least binder coat of pavement to properly access the lot in question_ Prior to construction of the binder coat, the applicant shall ensure that all required inspection and testing of water, sewer, and drainage facilities has been completed. The applicant must submit to the Town Planner an interim as-built, certified by a professional engineer, verifying that all utilities have been installed in accordance with the plans and profile sheet. c) All necessary permits and approvals for the lot in question shall be obtained,from the North Andover Board of Health, and Conservation Commission. 4 d) Permanent house numbers must be posted on dwellings and be visible from the road. e) There shall be no driveways placed where stone bound monuments and/or catch basins are to be set. It shall be the developer's responsibility to assure the proper placement of the driveways regardless of whether individual lots are sold. The Planning Board requires any driveway to be moved at the owner's expense if such driveway is at a catch basin or stone bound position. 7) Prior to the final release of security retained for the site by the Town, the following shall be completed by the applicant: a) An as-built plan and profile of the site shall be submitted to the DPW and Planning Department for review and approval. b) The applicant shall petition Town Meeting for public acceptance of the street. Prior to submitting a warrant for such petition the applicant shall review the subdivision and all remaining work with the Town Planner and Department of Public Works. The Planning Board shall hold a portion of the subdivision bond for continued maintenance and operations until such time as Town Meeting has accepted (or rejected in favor of private ownership)the roadways. It shall be the developer's responsibility to insure that all proper easements have been recorded at the Registry of Deeds. 8) The Applicant shall ensure that all Planning, Conservation Commission, Board of Health and Division of Public Works requirements are satisfied and that construction was in strict compliance with all approved plans and conditions. 9) The Town Planner will review any signs utilized for this project. The applicant must obtain a sign permit as required by Section 6 of the Bylaw. The Planning Board shall approve any entrance structures. The applicant must remove any lighting used for the entrance signs prior to acceptance of the subdivision. 10) The applicant shall adhere to the following requirements of the Fire Department.- a) Open burning is allowed by permit only after consultation with the Fire Department. b) Underground fuel storage will be allowed in conformance with the Town Bylaws and State Statute and only with the review and approval of the Fire Department and Conservation Commission. 11) There shall be no burying or dumping of construction material on site. 12) The location of any stump dumps on site must be pre-approved by the Planr ing Board. 13) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 5 14) Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the respective utility companies. 15) Any action by a Town Board, Commission, or Department which requires changes in the roadway alignment, placement of any easements or utilities, drainage facilities, grading or no cut lines, may be subject to modification by the Planning Board. 16) The following waivers from the Rules and Regulations Governing the Subdivision of Land, North Andover, Massachusetts, revised February, 1989 have been granted by the Planning Board: a) Section 7(A)(4) Dead-End Streets: The Planning Board herein grants a waiver of approximately 100' for the street length. The applicant has demonstrated that the street length will have no adverse impact on the Watershed Protection District. b) Section 7(D)(2) Sidewalks: The sidewalks will abut the curb per requirement of DPW. c) Section 7(E)(1) Street Trees: The street trees will be placed outside of the ROW per requirement of DPW. d) These waivers have been granted in an effort to minimize the amount of cutting and filling required on site thereby decreasing the amount of erosion and siltation on site. e) The utilities must be installed and the streets or ways constructed to binder coat by 2 2_C�0(:�) (two years from the date permit granted). If the utilities are not installed, the streets or ways are not constructed to binder coat and the Planning Board has not granted an extension by the above referenced date, this definitive subdivision approval will be deemed to have lapsed. 17) This Definitive Subdivision Plan approval is based upon the following information which is incorporated into this decision by reference: a) Plans entitled: "Definitive Plan of Land — Berington Place", ten sheets dated January 16, 1998 last revised 3/3/98. Prepared by Allen&Major, Woburn, MA b) Reports entitled: i) "Statement of Environmental and Community Impact", dated January 15, 1998. ii) "Water Quality and Best Management Practices (BMP) Evaluation", Berrington Place, Dale Street, North Andover, Massachusetts, dated July 14, 6 1997, revised October 8, 1997. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Assessor Applicant �. Engineer y File Berrington Estates - subdivision 7 0 To: ThomasJ.Jrbelis From: Heidi Griffin, Town Planne Re: Berrington Estates chronolo Date: February 13, 2001 The backgrourpd on the Berrington.Estates subdivision is as follows: Definitive Subdivision July 22, 1997 Withdrawn Repetitive Petition June 3, 1998 - Withdrawn Variance for work within September 14, 1998 Withdrawn 75f1 watershed zone Repetitive Petition October 1998 Withdrawn Definitive Subdivision filed January 16, 1998 Approved Definitive Subdivision April 22, 1998 Approved Decision Special Permit Roadway April 23, 1998 Approved Appeal May 13, 1998 Site Opening Bond May 29, 1998 $5000.00 Variance for work within April 15, 1998 Denied 75f1 watershed.zone Town Counsel motion for August 25, 1998 dismissal Repetitive Petition Decision April 21, 1999 Approved Plans Endorsed March 16, 1999 Signed ZBA Variance July 20,1999 Approved Lots Released None Form A dated application February 4, 2000 Approved Form A recorded June 29, 2000 Recorded Roadway Performance None Security Building Permits None Modification Definitive May 2, 2000 Public Hearing Modification Definitive August 16, 2000 Approved Decision Appeal August 31, 2000 Ut<UUF, I NC PHONE NO. 6179412662 7jY rowr "..- ®� * 03 2000 02:56PM p2 APBi !CA7Z.Oli FOR IF 70 L el To, the Da n CF North A" The Ujiders ''t. !on said5s to record the acccmpa,�_jn�, detarminat! "et �IshL C, plan- and. re Ontro7f Law 6Y i't j, lot - T3 not. requj ,-ed ulrac 20r undersigned -he Sub T.�e und dlyfsjon tcWf,.jg el lPprovaf The division cF Tand d105for because every a Ccci7lpdry required dy t'-'jQ lot shown t, r�Tan is not namely , NOrt� Ardover Zonj erQon has r-"e amou.nt of GY Law a-i d j s 0.,, . ro-n t age :3r a private . a pUbT I c way., , ameiV , being land boun jq d as fvl �ers : A4 4,= Z. 7�e d f v f s Of land di ,ri or. Uri the a C T the fo 7 lowing reasons p ar..Y g Alan n 6 -Sub- ------------- 71 t re f q!r 511 C e 4 C r Essex oeeds , Book Certi fj cata of 7-1 ��T pac VL7 P a ce ----------- Owner ' s �; and if PrLnt _T1 I 1 f c an dress : & A -P—e V 23('Su77r6V �"-. Tq7 97,5'- 5-360 Town of North Andover Office of the Planning®n e lrt ent Community Development and Services Division 27 Charles Street °9 �R4YE6 PQPy'�f'3 North Andover, Massachusetts 01845 CF813s�� Heidi Griffin Telephone (978)688-9535 Plana2ino Director Fax(978)688--9542 MEMORANDUM TO: North Andover Planning Board..--, FROM: Heidi Griffin, Town Plan r Berrington Place DATE: October 2,2001 The definitive subdivision for Berrington Place lot 8 contained 564,089 SF. In February 2000 a Form A was filed dividing Lot 8 into Lots 8, 8A, & 8B. Each time Lot 8 was marked as Non- buildable. A break down of the lot size is as follows: Definitive Subdivision Form A Modification Lot 8(Non-Buildable)=564,089 SF Lot 8(Non-Buildable)=497,819 SF Lot 8(Non-buildable)=497,833 SF Lot 8A=63,667 SF Lot 8B=2,591 SF Total=564,077 SF Modification Lot 8+Lot 8A+Lot 8B=Definitive Lot 8+ BO-PA ?D OF APPEAI.,S 688-954I BUILDING 688-9545 CONSERV"ATION 688-9530 HEU-TH 688-9540 PLANINNG 688-9535 k V JOYCETOWN OIL- - NORTH ANDkOVER -ti AFR 8 06 k FORM C APPLICATION FOR APPRAVAS. CF 7J Januar �;` ► 1998 To the Planning 54ard of the Town of Jkrth Andover: 0HAA The undersigned, being the appiicant as defined under Chapter 41, Section 81-L, for approval of a proposed subdivision shown on a plan entitled B�brrin ton Place Tax Ma 37 by Allen & Major Associates, Inc. dated 1-16-98 being land bounded as foll®ws: Dale Street to the south, O'Connell to the west, Rice, Connettut Financial, Town of N. Andover to then nrl Mnrley to the east. This is an 8 Lot Subd°v' .,'` (Lot 8-will be cony town. �erebp Submits said plan as a DEMT TM,,p1 in gccordazca with the Rules and Regulations of the North Andover Planning Board and makes application to the Board For approval of said plan- 187 & 188 Title Referenc®: North Essex Deeds' Book 912 r Page strationrBook , page ; or Certificate of Title No- ___, �- Other: Plan #13025 recorded April 8, 1997 has not( ) -e'vo;-ved from a preliminary plan submitted to the Board of October 30 19 Said glen and approved (with modi.ficationa) ( ) �. disapproved on December 16 : 1997 (X Plan T abide by The undersigned hereby appU63 for the approval of said p�btheBoard's by the Board* and i8 furtherance thereof hereby agrees to Rules and Regulations. `The va�dersigaied l oY said DEFTNITIVE her covenaAts pllaan agr ethe with the Town of forth Andover, 'sue pproya Board: To install utilities in accordance with the rules and re tiOns Of she P1. Boards the Public Works D® t, the H gone-ral as well as zoning by-laws Of said Town, Board°of R th® and all g as are applicable to the instaLlAtion of utilities within the limits of streets; ; 2. To complete and construct the streets or wuy$ aid other ImPrOvOwelats shorn thereon in accordance with Sections 1v and '1 of the Rules and Regulati®ns d the approved DRFINITM plmv profiles and cross of the P Board an rofiles cross sections and construct'-On sections of the same. Sid pl.ara'bp reference, incorporated herein and madespeeiiieations are. speea.f1ea11yv �'application and the caQ s and a�°e" a part of this application. This F u all heirs, executors, aeministrators, meets herein shall be f the w P� andassigns of the successors' grantees of the whole or part of said land, undersigned; and '-said insta31at1ons.' and construction within two (2) 3, To complete the afore years from the date hereof- Received by Town Clark: Signs o Ap t Dater Time: sig1aturn: Address Notice to APPLICkW/-t -^H CLERK and Certification Of Actio,ton Place f Planning Board on Definitive Subdivision Plan e Be ntitled: g Bp: Allen & Major Associates, Inc. dated January 16_, , 1998 The North Andtrver Plaxming Board has voted to kPPROVB aaid plan, subject to the following conditions: 1. That the record owners of the subject Lewd forthwith execute and record a "covenant running with the land", or otherwise provide security for the con- straction of ways and the installation of munlcipal aerv-ices within said suo- divi.sion, all as provided by G.L. c. 41, S. z. That all such construction and installations shall :Ln &L1 respects conform to the governing rules ar4 rebLL12:V;Ous of this Board. 3. That, as required by the-North Andover Board of Health in ita report to this Board1 no building or other structure shall be bulat or placed upon Lots No. as shown on said flan without the prkor consent of said hoard of Health. Other conditions: In the event that no appeal. shall. have been taken from said approval within twenty days from this date, the North 1 one Fl n$ Hoard wi.11 forthwith said thereafter endorse its formal appY * * * * * * * * * r * * # * * * * * * * * * * * * * a * * a * * * * x Y e rah No;th Andover Planning goaa,d has DISAPPROVZD said plan, for the following reasons: WiRTH ODOU-a, PLANIdN 2OACED Date: — BY: iro W x`-f!. �;� ,✓5 .ri:Y;f � x�R Zs.+ + ai31..a. .4,.:;.W..r ... yn, Town of North Andover Planning Board This form represents the schedule for allowing the following tots to be considered as eligible for building permits under the Town of North Andover Growth Management by-►aw Section 8.7 of the Zoning by-law. Pursuant to 8.7 .5 this Development Schedule must be filed in the Registry of Deeds and be referenced on the deed of each of the lots below and be filed with the Planning Board prior to the issuance of any building permit or permit for construction. r nd Address of A licant for Lots: Name of Develo ment: ealty Corporation Berrington Place d Boston Rd. bur MA 01876d Parcel of Original Lot: Map 37B-Parcel No. 1 Date of Application for Lots Division: ary 16, 1998 Lots Covered by this schedule: Lots 1-7 The Planning Board by their signature below,or a signature of a duly authorized representative, do hereby establish for the above named development the following Development Schedule for the purpose of Section 8.7 of the Growth management By-Law.The applicant,their assignees, successors and or subsequent property owners shall conform to the following schedule that limits the eligibility of the following lots for building permits. This form must be filed in the Registry of Deeds by the property owner or representative and be referenced on each deed for each of the following lots. Such deed reference forthe deed of each tot shall at a minimum reference the book and page in which this Development Schedule is filed and contain the language : " This loi is subject to a Development schedule pursuant to the Town of North Andover Zoning By-Law all owners, representatives, and future purchasers should avail themselves of said restriction,by reviewing the approved Development Schedule as filed in Book insert here and Page insert here_ Tine fact that a lot is eligible for a building permit is subject to the limitation of the number of building permits per year pursuant to section a.7.2.d of the Zoning By-Law." The Planning Board hereby schedule the lot(s)for the above development as follows: Year Eligible Number of Building Office Use Building Otfiee Use Lots Eligible Date Lot Eligibility Mates Com letely Utilized I i Signature of Planning Board member or Authorzed Representative Date Signature or Property Owner or Authorized Representative Date FORM D DESIGNER'S CERTIFICATE January 14, , 19 98 TO THE PLANNING BOARD OF THE TOWN OF NORTH ANDOVER: In preparing the plan entitled Definitive Plan — Berrington Place I hereby certify that the above named plan and accompanying data is true and correct to the accuracy required by the current Rules and Regulations Governing the Subdivision of Land in North Andover,Massachusetts,and my source of information about the location of boundaries shown on said plan were one or more of the following: 1. Deed from Lantern Corp. to R. Ashton Gwendolen C. Smith dated March 25, 1960 and recorded in the Middlesex County Registry in Book 912 , Page 187-188 2. Other plans, as follows Plan No. 13025 North District Essex County Recorded April 18, 1997 at 12:49 PM 3. Oral information furnished by N/A 4. Actual measurement on the ground from a starting point established by Merrimack Eng. 5. Other Sources N/A Signed (Seal of Engineer or (Registered Professional Engineer or Surveyor ) Registered Land Surveyor) N OF jq46 Erik D. Heyland, P.E. ERIK D. u HEY LAND n' CIVILAllen & Major Associates, Inc. No.sas2s Address �x �(�/STEP` � ` 400 West Cummings Park, Suite 5050 sS/C. f `���� Woburn, MA 01801 7 Of pAjMES OF INTEREST: PA OF 9JECT MOPOMj 4AP PAR E r ADDRESS / C � _ 1 an -� ZLa a S a �'2Lc .- ray .2. � D U O oti o CL, �- -� - ® ,Cz z CERT DATE: mEcr PROPUM PAR KAME ADDRESS ,77 o F / ✓°D c3 r a _3 / _d¢ 7 3 a Sez cr -y— 400 U S /!P ;Y QF PARMS 4E INTEREST: PA t)F BIECT PROPUM ZiP i PAR E ADDRESS frTEM , �T s r'a r o f P C11 o Doves /� O/ e Gr s / ?Qp 3 CER T. BY DATE: 7 of rAfMES Of i EAGf `f Of _ ra 3JEG7 PROPUM b'AFi E AD E53 Fdr qic{ T. ca i B [� c e r 'c k Ie G<l y©Z Sl La Y�J�r JP -Z `• /i 4 o �er/IQ r �t-- I / a / Jc CERT. ®ATE: r of Pin ES Of IN : of U(C7 PROPERTY way past a E � M S e 3" rn e LtJ oo cv+n 9 / 17 id- I "TV r 3 , d c . n r N dam, / 3 kN aanahy GER T. DATE. "" r of PAfMES (DF Ian : PAGE__j,_ OF UECT PROPERTY 'AP PAR 0 KWE ADDRESS of �nd . 4aC SC C is N 1 [-, 7 ar 4 , c � ' CERT. BY:-- DATE: .� 03/12/1998 15:47 6036418882 PD ASSOCIATES PAGE 01 E ,W j 0 Y(I PDAssociates5l _LLU T 041 NORTH,, Telephone#:(603)641-8200 Real Estate Co It Facsirnile#:(603)641-8882 lu Turnpike,Al3032uburn, N11 0 704 Londonde"Y 20 , March 12, 1998 North Andover Planning Board 30 School Street North Andover, MA 01845 Ann. Kathleen Bradley Colwell, Planner ;.Fl- RE: Berrington Place Subdivision-Map 3 713-Lot#I Via Facsimile: 1-978-688-9542 Dear Kathleen: Pursuant to our telephone conversation of this afternoon, please accept this letter, as MPG Realty Corporation's (the Applicant) request to withdraw their original application dated January 16, 1998 for the Special Permit for the above named subdivision. This will serve to complete the closure of that filing and avoid any confusion with the cur-rent Special Permit filing you now have for Beri-ington Place. If you have any questions or need anything further, please feel free to call. Respectfully submitted, 61--� Owner's Representative EAP/sp cc: Kenneth Grandstaff Erik Heyland, P.E. Michael Gerstein,Esq. Colwellsvwd.doa D E V E L O P M E N T G R O U P T R A N S M I T T A L TO: Heidi Griffin FROM: COMPANY: Kenneth Grandstaff. CFO No.Andovere Community Development DATE. FAX NUMBER: FEBRUARY 4,2000 688-9542 TOTAL NO.OF PAGES INCLUDING COVER: PEiONE NUtiIBER: 13 6889535 Office 978-687-5300 Fax 978-557-8160 RE: Cell 978-758-0701 Form M and Form I PROJECT Form A Application Stonewed, Cir 2C6 Dale St ❑ URGENT ® FOR YOUR USE❑ PLEASE COMMENT ❑ PLEASE REPLY❑ PER YOUR REQUEST NOTES/CO,LMENTS, Heidi, Please find attached the executed Form l and Form ILL forms for Stoney edge Circle. The mylars.are in your possession. Also please find the Form A application form mylar and plans for 206 Dale St. Please place both items on ,your next agenda for the meeting t0 be held on Feb 15 2000. Please call if I can be Of further assistance. _i( Suaun Jtrccc,Suiur=(=,Nurt, 'ti :1n w •r, �(:\ fg4-j iy7{)hSi�;C rax: i97S)557-�(b.; J 11=d W t) I� )u . )' ---Jj - D E V E L O P M E N T G R O U P T R A N S M I T T A L TO: HEIDI GRIFFIN, From: Kenneth Ahern,Project Manager TOWN PLANNER COMPANY:NO. ANDOVER DATE:SEPTEMBER 1, 2000 PLANNING OFFICE FAX NUMBER: 978-688-9942 TOTAL NO.OF PAGES INCLUDING COVER:SEVERAL PHoNE NUMBER: 978-688-9535 Office 978-687-5300 Fax 978-557-8160 Cell 978-423-1521 RE: PROJECT Berrington Place Modification to the Berrington Place Subdivision (off Dale St.) 8 lot Definitive Plan to a 4 lot Plan No.Andover,Ma. 01845 URGENT ®FOR YOUR USE❑ PLEASE COMMENT PLEASE REPLY PER YOUR REQUEST NOTES/COMMENTS: Dear Heidi, Please find attached executed Form I,Form M,revised retaining wall and headwall plan,VHB letter dated 8/25/00 and documentation from Eric Heyland of retaining wall crash and support calculations. At the meeting on Sept.5,2000,we would like to make a request of the Board for some form of relief from restrictions under Form I in order to begin construction on Lot 1.This request is being made in light of the fact that(a.)Berrington Place will be remaining a private roadway;(b)the 30 acre+/-Lot 1 Dale St is a preexisting Form A lot with the ability to obtain a building permit without a subdivision approval and(c.)the house to be built on is for Tony Mesiti's personal residence and is on such a large scale that it will take a significantly longer period of time to build. Please do not hesitate to call if I can be of further assistance. /rep ' emir 231 Sutton Street,Suite 2F,North Andover,MA 01845 (978)687-5300 Fax(978)557-8160 kahem@mesi*oup.com FORM M CONVEYANCE OF EASEMENTS AND UTILITIES REALTY CORP. MA 01845 ,(name of owner)of231 SUTTON ST., NORTH AVDOVER, ,(address) County, Massachusetts; for the consideration of , 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 B GTON PLACE , dated , 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 for DGE & UTILITIES REPAIR & MJNTERANCE (describe use/purpose) the following parcel of land situated on B (Street) in said Town of North Andover and bounded and described as follows: SEE AMCHED EXHIBIT 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. grantor's GEO 'Y SINK 2 000 For antor s title see deed from dated 6/28/ recorded inESSEX NORTH District Registry of Deeds, Book Page 268 and or under Certificate of Title No. registered in District of the Land Court,Book Page This is not a homestead property. To be completed if a mortgage exists: And N/A the present holder of a mortgage on the above described land, which mortgage is dated 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. r y r , s Authorized signature of Mortgagee Owner IN WITNESS WHEREOF we have hereto set our hands and seals this 1ST day of SEPT04BER 2000 COMMONWEALTH OF MASSACHUSETTS ss Then personally appeared the above named and acknowledged the foregoing to be free act and deed, before me. Notary Public My Commission Expires: NOTE: This conveyance is not effective until accepted by Town Meeting. Berrington Place Easements Drainage Easement (DB-A7) Starting at granite bound along the East Side of Berrington Place road, thence South along a curve with a radius of 30.00',for a distance of 18.961, to a point, thence Southeast along a curve with a radius of 30.00', for a distance of 26.661, to granite bound along Dale Street, thence S57'0813311E, for a distance of 27+/-feet, along a stone wall to a point, thence N63'1712311E for a distance of 36.34' to a point, thence N28'1415411E for a distance of 170.18' to a point, thence N61'45106"W for a distance of 78.85' to a point, thence South along a curve with a radius of 325.001 for a distance of 78.34' to a granite bound, Thence S30'14145"W for a distance of 88.88' to a granite bound. Drainage Easement (DB-N of Cul de Sac) Starting at a point on the North Side of Berrington Place, thence N44'01'29"E for a distance of 190.981 to a point,thence NOI'52142"E for a distance of 284.10' to a point, thence S80'02'38"W for a distance of 209.59' to a point, thence SOI'5214211W for a distance of 205.471 to a point, thence N88'07'18"W for a distance of 91.52' to a point, thence SOI'5214211W for a distance of 48.06' to a point, thence S39'33'19"E for a distance of 138.301 to the point of beginning FOR i COVENANT SEPTEMBER 1, 2000 NORTILANDOVER , Massachusetts KNOW ALL MEN by these presents that the undersigned has submitted an application dated MARCH 21,2000 , to the NORTH ANDOVER PlanninQQBoard fora I of a definitive plan of a subdivision of land entitled B TON PLACE MODIFICATION OFERIK plan by: D. HEYT:� M P.E. dated: MARCH 21, 2 a ed by:MPG REALTY CORP. address: 231 SUTT'ON'ST®, N6� c ted: 37B, LOT , D S and showing proposed lots. The undersigned has requested the Planning Board to approve such plan without requiring a performance bond. IN CONSIDERATION of said Planning Board of NORTHANDOVERin the county of ESSEX approving said plan without requiring ape-rformance bond the undersigned hereby covenants and agrees with the inhabitants of the TOWN OF NORTH as follows: 1. That the undersigned is the owner' in fee simple absolute of all the land included in the subdivi- sion and that there are no mortgages of record or otherwise on any of the land, except for those described below, and that the present holders of said mortgages have assented to this contract prior to its execution by the undersigned. 'If there is nore than one owner, all must sign. "Applicant" may be an owner or his agent or representative, or his assigns, but the owner of record must sign the covenant. 2. That the undersigned will not sell or convey any lot in the subdivision or erect or place any perma- nent building on any lot until the construction of ways and installation of municipal services necessary to adequately serve such lot has been completed in accordance with the covenants. conditions, agreements, terms and provisions as specified in the following: a. The Application for Approval of Definitive Plan (Form C). b. The Subdivision Control Law and the Planning Board's Rules and Regulations governing this subdivision. c. The certificate of approval and the conditions of approval specified therein, issued by the Planning Board, dated APRIL 22 1998 AND AUGUST 16, 2000 d. The definitive plan as approved and as qu.Jified by the certificate of approval. e. Other document(s) specifying construction to be completed, namely: However, a mortgagee who acquires title to the mortgaged premises by foreclosure or otherwise and any succeeding owner of the mortgaged premises or part thereof may sell or convey any lot, subject only to that portion of this covenant which proti, ies, that no lot be sold or conveyed or shall be built upon until ways and services have been provided to serve such lot. 3. That this covenant shall be binding upon the executors, administrators, devisees, heirs, successors and assigns of the undersigned and shall constitute a covenant running with the land included in the subdivision and shall operate as restrictions upon the land. 4. That particular lots within the subdivision shall be released from the foregoing conditions upon the recording of a certificate of performance executed by a majority of the Planning Board and enumerating the specific lots to be released, and 5. That nothing herein shall be deemed to prohibit a conveyance by a single deed subject to this covenant, of either the entire parcel of land shown on the subdivision plan or of all lots not previously released by the Planning Board. Massacnuseits Federation of Planning and Aooeats Boards 1972 (Revised 1980. 1983. 19881 20.17 6• That the.undersigned agrees to record this covenant with the NORTHERN EssEX C Registry of Deeds, forthwith, or to pay the necessary recording fee to the said Planning County d in the event the Planning Board shall record this agreement forthwith. Reference to this covenant shall be entered upon the definitive subdivision plan as approved. 7. A deed of any part of the subdivision in violation of the covenant shall be voidable by the grantee prior to the release of the covenant; but not later than three (3) years from the date of such deed, as provided in Section 81-U, Chapter 41, M.G.L. 8. That this covenant shall be executed before endorsement of approval of the definitive plan by the Planning Board and shall take effect upon the endorsement of approval. 9. Upon final completion of the construction of ways and installation of municipal services as specified herein, on or before SEPTEMBER 1, 200-1 — the Planning Board shall release this covenant by an instrument, duly acknowledged. Failure to complete construction and installation withinappro rime p specified herein or such later date as may be specified by vote of the Planning Board with a written concurrence of the applicant, shall result in automatic rescission of the approval of the plan. Upon performance of this covenant with respect to any lot, the Planning Board may release such lot from this covenant by do appropriate instrument duly recorded. 10. Nothing herein shall prohibit the applicant from varying the method of securing the construction of ways and installation of municipal services from time to time or from securing by one, or in part by one and in part by another of the methods described in M.G.L., Chapter 41, Section 81-U. as long as such security is sufficient in the opinion of the Planning Board to secure performance of the construction and installation; and Massachusetts r-eceranon of Planning ano Aooeals 80aras 1972 (Revised 1980. 1982. 19881 20.18 For title to the property, see deed from GFA)FFREY SMITH , dat 8 6/28/2 recorded in Registry of Deeds, Book in — Land Registry as Document No. 5789 Page , or registered title no. in Registration Book , Page a , and noted on certificate of _ The present holder of a mortgage upon the property is NONE of The mortgage is dated and recorded in - The of Deeds, Book e - , Pa m _ Land Registry as Document No. g , or registered of title no. - _ , and noted on certificate in Registration Book , Page 4 . The mortgagee agrees to hold the mortgage subject to the covenants set forth above and agrees that the covenants shall have the same status, force and effect as though executed and recorded before the taking of the mortgage and further agrees that the mortgage shall be subordinate to the above covenant. N/A that such interest as I, we, may have in the premises shall be subject ubject toth a provisions of this herebygned applicant ovenant and insofar as is necessary releases all rights of tenancy by the dower or homestead and other interests therein. IS W1TNEESRS WHEREOF we v hereunto set our hands and seals this 1ST of Owner Spouse of Owner Moncaae Acceptance by a Majority of the Planning Boaro of One acknowledgement must be completed for each of the following: Planning Board representative Owner or owners Spouse of the owner Mortgagee COMMONWEALTH OF MASSACHUCSDETTS ss Then personally appeared before me the above named � I r hrf �- the foregoing instrument to be _ lr�t hand acknowledged free act and deed. // gym _((�m��®A Q_� Signature of Notary Public My commission expires off, �irr� D Massachusetts Peaeration of Planning ano Appeals Boaias 1972 (Rev,sea 1980. 1982. 1988) 20.19 COMMONF ALTH OF`, MASSACHUSETTS' Essex County ss 19 _ Then personally appeared before me ;the above named the foregoing instrument to be and acknowledged free act and deed_ Signature of Notary Public My commission expires COMMONWEALTH OF mASSACHUSETTS Essex County ss 19 Then personally appeared before me the above named the foregoing instrument to be f and acknowledged free act and deed_ Signature of Notary public My commission expires COMMONWEALTH OF MASSACHUSETTS ss , 19 Then personally appeared as the Applicant or his/ its authorized agent and acknowledged the foregoing instrument to be his or her free act and deed and the free act and deed of the Applicant, before me. Notary Public My Commission Expires : FORM I COVENANT March 18, 2042:lj5 North Andover . MA , is tre owner of KNOW ALL MEN by these presents that the undersigned/ has submitted by application dated January 16, 1998 , to the NORTH ANDOVER PLANNING BOARD for approval a Definitive Plan of a subdivision of land entitled: Berrington Place , plan by: Allen & Major Associates Inc dated: March '1 1998 owned by:North Andover Realty Covp. address: 100 Johnnycake Street, North Andover, MA , land located: off Dale Street, Berri.ngton Place and Glenore Orc�e see and showing 7 . proposed lots. The undersigned has#Plan requested the Planning Board to approve such plan without 13615 requiring a performance bond. IN CONSIDERATION of said Planning Board of NORTH ANDOVER, in the county of ESSEX approving said plan without requiring a performance bond, the undersigned hereby covenants and agrees with the inhabitants of' the town as follows: 1. That the undersigned is the *owner in fee simple absolute of all the land included in the subdivision and that there are no mortgages of record or otherwise on any land, "except for those described below, and that the present holders of said mortgages have assented to this contract prior to its execution by the undersigned. *If there is more than one owner, all must sign. . "Applicant" may be an owner or his agent of record • must sign the covenant. 2 . That the undersigned will not sell or convey any lot in the subdivision or. erect or place any permanent building on any lot until the construction of the ways and installation of municipal services necessary to adequately serve such lot has been completed in accordance with the covenants, conditions, agreements, terms and provisions .as specified in the following: a. The Application for Approval of Definitive Plan (Form C) . ® b. The Subdivision Control Law and the Planning Board' s Rules' and Regulations governing this subdivision. 1 of 5 c. The Certificate of Approval and the conditions of approval specified therein, issued by the Planning Board, dated April 22, 1998 d. The Definitive Plan as approved and as qualified by Certificate of Approval . e. Other document(s) specifically construction to be completed, namely, Gr-owth Management demel n=ment schedule. However, a mortgage who acquires title to the mortgaged premises by foreclosure or otherwise and any succeeding owner of the mortgaged premises or part thereof may sell or convey any lot, subject only to that portion of this covenant which provided that no lot be .sold or conveyed or shall be built upon until ways' and services have been provided to serve such lot. 3 . That this covenant shall be binding upon the executors, administrators, devisees, * heirs, successors and assigns of the undersigned and shall constitute a covenant running with 'the land included in the subdivision and shall operate as restrictions upon the land. 4 . That particular lots within the subdivision shall be released from the foregoing conditions upon the recording of ,a certificate of performance executed by a majority of the Planning Board and enumerating the specific lots to be released. 5 . That nothing herein shall be deemed to prohibit a conveyance by a single deed subject to this covenant, of either the entire parcel of land shown on the subdivision plan or of all lots not previously released by the Planning Board. 6. That the undersigned agrees to record this covenant with the , North Essex County Registry of Deeds, forthwith, or to pay the necessary recording fees to the said Planning Board in the event the Planning Board shall record•° this agreement forthwith. Reference to this covenant shall, be entered upon the Definitive Subdivision Plan as approved. 7 . A deed or a.ny part of the subdivision in violation of ® the covenant shall be voidable by the grantee prior to the release of the covenant; but not later than three ® (3) years from the date of such deed, as provided in Section 81-U, Chapter 41, M.G. L. 2 of 5 8 . That this covenant shall be execrated before endorsement of approval of the definitive plan by the planning Board and. shall take effect upon the endorsement of approval . Said covenant shall expire two years from the date of the endorsement of the definitive plan. 9 . Upon final completion 'of the construction of ways and installation of municipal services as specified herein, on or before the Planning Board shall release this covenant by an appropriate instrument, duly acknowledged. Failure to complete construction and installation within the time specified herein or such later date- as may be specified by vote of the Planning Board with a written concurrence of the applicant, shall result in automatic rescission of the approval of the plan. Upon performance of this covenant with respect to any lot, the Planning Board may release such lot from this covenant by an appropriate instrument duly recorded. 10 . Nothing herein shall prohibit the applicant from varying the method of securing the construction of ways and installation of -municipal services from time to time or from securing by one, or in part by one and in part by another of the methods described in M.G. L. ', Chapter 41, Section 81-U, as long as such security is sufficient in the opinion of the planning Board to secure performance of the construction and installation. For title to the property, see deed from MPG Realty Corp. ______ dated August 3L 2001_ , recorded in North Essex . Registry of Deeds, Book �295 , Page 180 XX'XXV, XX XXXXXXXXXXXXXXXXXXXXX I� {�MRYXXkfeXXR'4,CA� R�fXX�KXXxxxxxxxxxxxxXXXXXKXX§tR( XXHRkXgXXR certificate of title x� C �xf�f A. ' R �tXXxxxxxxxxxxx�xxxc"axx egx$ xx x � x xxxxxxxxxxx The present holder .of a mortgage upon the property is None of The mortgage is dated and recorded in Registry of Deeds,. Book �_, Page or registered in Land Registry as Document No. , and noted on certificate of title no. in Registration Book , Page The mortgagee agrees to hold the. mortgage subject to the covenants set forth above and agrees that the covenants shall have the same status , force and effect as though executed and recorded before the taking of the mortgage and further agrees that the mortgage shall be subordinate to the above covenant. 3 of 5 1 1 N/A spouse of the undersigned applicant hereby agrees that such /interest as I, we, may have in the premises shall be subject to the provisions of this covenant and insofar as. is necessary releases all rights of . tenancy by the dower of homestead and other interest therein. IN WITNESS WHEREOF we gave hereunto set our hands and seals this 20th of March 2002 North Andover Realty Corp. V�x' T owner President & Treasurer j --' Not applicable - Spouse of Owner -. = Not applicable r. Mortgage Acceptance by a Majority of the Planning Bo rd of COMMONWEALTH OF MASSACHUSETTS Essex , ss March 20, 2002, x1eK Then personally appeared before me the above named CHarles A. Carroll, President-and Treasurer and ' acknowledged the foregoing instrument to be the free act and deed of the North Andove, Realty Corp. ® Notary Public My Commission Expires: 1/23/09 COMMONWEALTH OF MASSACHUSETTS •^y - Then personally appeared before me the above named 1-c/ and acknowledged the foregoing instrument to be free act and deed. N tary P blic L— My Commission Expires: lic 4 of 5 d Gcmn�issicn Expiree, July 5. 2007 COMMONWEALTH OF MASSACHUSETTS , ss , 19 Then personally appeared before me the above named and acknowledged the foregoing instrument to . be free act and deed. Notary Public My Commission Expires: COMMONWEALTH OF MASSACHUSETTS , ss , 19 Then personally appeared -before me the above named and acknowledged the foregoing instrument to be ]Free act and deed. Notary Public My Commission Expires: 5 of 5 FORM 1 COVENANT 19 Massachusetts KNOW ALL MEN by these presents that the undersigned has submitted an application dated pnar3T 1 h., 1 qAR to the North Andmzax Planning Board for approval of a definitive plan of a subdivision of land entitled: RPrrin�Ztnn Place , plan by: IncHen &Major A� ,-bated: n�jjwned by:R Ashton & wPncf�l�Smi t;h address:I Driftwood Dr, N. Bradford, C and'CocatedMap 37B Lot 1� na1P �trPPi and showing 8 proposed lots. The undersigned has requested the Planning Board to approve such plan without requiring a performance bond. IN CONSIDERATION of said Planning Board of No. Ando-ver in the county of Northern Essex approving said plan without requiring a performance bond, the undersigned hereby covenants and agrees with the inhabitants of the I m of Nnr ]�_ j2d,0y2x as follows: 1. That the undersigned is the owner' in fee simple absolute of all the land included in the subdivi- sion and that there are no mortgages of record or otherwise on any of the land, except for those described below, and that the present holders of said mortgages have assented to this contract prior to its execution by the undersigned. 'If there is nore than one owner, all must sign. ''Applicant" may be an owner or his agent or representative, or his assigns, but the owner of record must sign the covenant. 2. That the undersigned will not sell or convey any lot in the subdivision or erect or place any perma- nent building on any lot until the construction of ways and installation of municipal services necessary to adequately serve such lot has been completed in accordance with the covenants, conditions, agreements, terms and provisions as specified in the following: a. The Application for Approval of Definitive Plan (Form C). b. The Subdivision Control Law and the Planning Board's Rules and Regulations governing this subdivision. c. The certificate of approval and the conditions of approval specified therein, issued by the Planning Board, dated Anr-i 1 22 1 998 d. The definitive plan as approved and as qu .iified by the certificate of approval. e. Other document(s) specifying construction to be completed, namely: Growth "tan g=ent RNTI ail nP-%7P1 nnmPnt ,grJ-}eTr1,11 P However, a mortgagee who acquires title to the mortgaged premises by foreclosure or otherwise and any succeeding owner of the mortgaged premises or part thereof may sell or convey any lot, subject only to that portion of this covenant which prop, fey that no lot be sold or conveyed or shall be built upon until ways and services have been provided to serve such lot. 3. That this covenant shall be binding upon the executors, administrators, devisees, heirs, successors and assigns of the undersigned and shall constitute a covenant running with the land included in the subdivision and shall operate as restrictions upon the land. 4. That particular lots within the subdivision shall be released from the foregoing conditions upon the recording of a certificate of performance executed by a majority of the Planning Board and enumerating the specific lots to be released; and 5. That nothing herein shall be deemed to prohibit a conveyance by a single deed subject to this covenant, of either the entire parcel of land shown on the subdivision plan or of all lots not previously released by the Planning Board. Massachusetts Federation of Planning and Appeals Boards 1972 (Revised 1980. 1983. 1988) 20.17 6. That the undersigned agrees to record this covenant with the NnrthPrn County Registry of Deeds, forthwith, or to pay the necessary recording fee to the said Planning Board in the event the Planning Board shall record this agreement forthwith. Reference to this covenant shall be entered upon the definitive subdivision plan as approved. 7. A deed of any part of the subdivision in violation of the covenant shall be voidable by the grantee prior to the release of the covenant; but not later than three(3)years from the date of such deed, as provided in Section 81-U, Chapter 41, M.G.L. 8. That this covenant shall be executed before endorsement of approval of the definitive plan by the Planning Board and shall take effect upon the endorsement of approval. 9. Upon final completion of the construction of ways and installation of municipal services as specified herein, on or before hil;z 1 , 1909 the Planning Board shall release this covenant by an appropriate instrument, duly acknowledged. Failure to complete construction and installation within the time specified herein or such later date as may be specified by vote of the Planning Board with a written concurrence of the applicant, shall result in automatic rescission of the approval of the plan. Upon performance of this covenant with respect to any lot, the Planning Board may release such lot from this covenant by do appropriate instrument duly recorded. 10. Nothing herein shall prohibit the applicant from varying the method of securing the construction of ways and installation of municipal services from time to time or from securing by one, or in part by one and in part by another of the methods described in M.G.L., Chapter 41, Section 81-U. as long as such security is sufficient in the opinion of the Planning Board to secure performance of the construction and installation; and Massacnusens Federat,on of Planning and Appeals Boaras 1972 (Revisea 1980. 1983. 19M) 20.18 For title to the property, see deed from Ashton R. & 2Exfolyn 9nith , dated 3/25/60 recorded in - Registry of Deeds, Book 912 , Page 187+188, or registered in Land Registry as Document No. - , and noted on certificate of title no. - , in Registration Book - , Page - The present holder of a mortgage upon the property is N.Q . of - The mortgage is dated and recorded in - Registry of Deeds, Book - , Page - , or registered in - Land Registry as Document No. - , and noted on certificate of title no. - in Registration Book - Page - The mortgagee agrees to hold the mortgage subject to the covenants set forth above and agrees that the covenants shall have the same status, force and effect as though executed and recorded before the taking of the mortgage and further agrees that the mortgage shall be subordinate to the above covenant. , spouse of the undersigned applicant hereby agrees that such interest as I, we, may have in the premises shall be subject to the provisions of this covenant and insofar as is necessary releases all rights of tenancy by the dower or homestead and other interests therein. IN WITNESS WHEREOF we have hereunto set our hands and seals this of , 19 Owner Spouse of Owner Mortgage Acceptance by a Majority of the Planning Board of One acknowledgement must be completed for each of the following: Planning Board representative Owner or owners Spouse of the owner Mortgagee COMMONWEALTH OF MASSACHUSE77S ss 19 Then personally appeared before me the above named and acknowledged the foregoing instrument to be free act and deed. Signature of Notary Public My commission expires Massac!-jsetts Federation of Pianning ana Appeals Boards 1972 tRevi!ea 1980. 1983. 19881 20.19 r s `, , ce f r oi: , \ 6,f.R Zi- : i4 � ♦ J r. ,. ? t 1' , ,�i,.t }.�' ,,,'i�iy`' Byr .>'fii'ftt �`ti�F 1'��,i��`�s�Nlt +y. ,•; r". �1i �: COMMON'."�j�y+cTaLTH OF`,MASSACHUSETTS + Essex County ss 19 Then personally appeared before me the above named and acknowledged the foregoing instrument to be / free act and deed. Signature of Notary Public My commission expires COMMONWEALTH OF tMASSACHUSETTS Essex County ss 19 Then personally appeared before me the above named and acknowledged the foregoing instrument to be free act and deed. Signature of Notary Public My commission expires COMMONWEALTH OF MASSACHUSETTS ss , 19 Then personally appeared as the Applicant or his/its authorized agent and ac,Cnowledged the foregoing instrument to be his or her free act and deed and the free act and deed of the Applicant, before me. Notary Public My Commission Expires : FORM J LOT RELKAS8 The undersigned, being a majority of the Planning Board of the Town of North Andover, Massachusetts, hereby certify that : a . The requirements for the construction of ways and municipal services called for March 18, 2002 YXJIR and/or by the Covenant dated 1 19 and recorded in District Deeds, Book . Page - -; xXxx3Ke19:ka:kaxRdxAgI XXXXXXXXXXXXXXXXXXXXXxx.xxxKKxxxi�AX��Rtx"iyxxk),-ig�xA-gp,-XXAF RK7SxMXxXXxRaxxx TikiaxkwxxxxxxxxxxxxxxxxXXXX>=Xlk5mkakkRkiERRXkR,�,*Xxxxxxxxxx has been cxmpa�dL�/partially completed, to the satisfaction of the Planning Board to adequately serve the enumerated lots shown on Plan entitled 11 Definitive Plan of land Berrington Place"Plan dated March 3 9 98 --T-ecorded by the North Essex Registry of Deeds, Plan 1 � k13615 xxR4kkxAkRRk and sa'1Y�chA'r-'Be'AtMr�by released ,xxRkRRxx-xxx--, from the restriction as to sale and building - specified thereon. Lots designated on said Plan as follows : (Lot Number (s) and , street (s) ) 1 , 2, 3, 4,. ..5, 6, ' & _7 on Plan 13615 b . (To be attested by a Registered Land Surveyor) I hereby certify that lot number (s) 1 , 2 , and 7 on Plan 13615 Street (s) do conform to layout as shown on Definitive Plan entitled Dc--fin;.Hue Plan of Land Section Sheet (s) 2A, 2B," Berrington Place" 2C, d 2D F NFLE Reg' re -a rveyor N. 3 191 � IN, `�<ONL LO of 2 c The Town of North Andover, a municipal corporation situated in the County of Essex, Commonwealth of Massachusetts , acting by its duly organized Planning Board, holder of a Rjt:ki,qilEknkk3ekx,mkk3�x,wx§'�rxei-yx,fElk-k-k.,dxxxxxxxxxxxxxxxxXX X>�A —, anRV-v:x Covenant dated March 18 2002 .—Kxxk9xx f rom North Andover Realty Corp. of, the X3U-V/Town. of North Andover,.. . County, Massachusetts recorded with the North .ES-s'ex—.---- District Deeds , Book Page - - -- - H x XxXKAL xoted xxx x - XXXXJM � DCX XXXXXXXXY-K- xXX ? R29xx-f acknowledges satisfaction of the terms thereof and hereby releases i t-s right , title and interest in the lots desigiiat-ed (m said plan as ollows : Lots numbered 1 , 2, 3, 4 , 5, 6, and 7 . r•.xr CLrrED as a sealed instrument, this day of 2002 Majority of the Planning Board V, of the Town of North Andover COMMONWEALTH OF MASSACHUSEWS s s one of the above Then personal. Ly appeared members of the Planning 'Board of the Town of North Andover, Massachusetts and ac,V tiow.1-edged' t lie foregoing instrument to be the free act and deed of' said Planning Board, before me . o ary P" lic My Commission`s j],f 9 9 L-E No ry Pjblj(,- rl�y commission Expile,, JUIY 5 2007 2 of 2 m e F 1 jj ~R 4 � r F f f IY 7P d E i ffiI B v s m jh a i r t d 'l, t3�s�°� -l/A 4JA 5J►f r.vc I P. 1't)Rlvl h1 s r 1' CO NVEYANCE Ole LASLIvw.NTS ANO UTILITIES North Andover Realty C ,(nauleolowncr)of 100 Johns cake Street.. ,(address) County, Mitssnchusetts; OF t1,c cau:idcrtitiou of_$1 . 0 0 _, hereby grants, transfers and gclave,rs unto the Town of North Andover, a municipal corporation in EmexCot►nly, the fallowing: A. The perpetual rights and casements 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 drainr.with any manholes, pipes, conduits and their appurtenances, and to do all other acts incidental to the forcgOing, including ttte right to pars along and over the land fur the aforesaid purposes, in, throtaglt, and under the whole of tar�int; ot, 1'yA,G�.,.__ dated 1 /1 6/9 8 rev. 3/3/9 8 , said plan is made and said plan is incorporated herein for a cdtuplete and detailed description of saud goads, Namely Berrington Place and Glenore Circle® tR,1 titiaW— Strcet) crihe me/purpose) B. Tlt®perpetual rights wind cuscmcnts to use furLk'tti� #t & _. the following parcel of land situated ot�rl>< ?t't�[x P3ticxs, C�1 in said Town of North Andover and bounded and described ,s Follows: See At.La shed Exhibit; The grantor warrants that the aforesaid casements are free and clear of all liens or encumbrances, that lie (it) has good title to transfer the same, and that he will defend the same against claims,of all persons, aid confikMatory deeds MPG Realty Corp. [�or grantor's title see deed/fron► /dated 8/3/2 0 01 anal and 1 0/3/01 recorded in North Esseflistrict Registry of Deeds, Book 6295 _ __ " , Page 1 80 and' Inst® #36873 on or under t erlific:ate of'1'itlG No. - ,registered in - r District of Ihta Land Court,Hook 1 0/1,1 /0' Page This is not a home:;read property. To be completed if a mortgage exists: And the present holder of a mortgage on the above described land, which mortgage is dated , 19 t#nt1're4ordod in sand Deeds, Book Page ,for consideration paid,hereby Foicn4e5,unto the Tow><aiforcver from the operation c?f said nu►rtgnges, Lite rights and ease►►►eaits hrrc'tn above ra3ntad at,d assents rarer to. 4'. Authorized signalurc of Mortgagee Owner ll 1N WITNESS NVtlEpL,1Ur we lutvc hereto set our lutiltls And r,cols this 1 5th day of 1. October , 200,11Vx ,t' The pertinent areas are described and bounded as follows® Reference is made to the plans recorded at the North Essex Registry of Deeds for the location and physical description and layout of the enumerated areas (a) "Definitive Plan of Land Tax Map No. 37B, Parcel 1 of North Andover, Massachusetts to be known as Berrington Place" recorded as Plan 13615; and (b) "Plan of Land 206 Dale Street, North Andover, Massachusetts Tax Map 37B, Parcel 3" recorded as Plan #13769. 1) The roadways shown on Plan #136145 and called "Berrington Place" and "Lenore Circle" . 2) The area at the intersection of Berrington Place and Dale Street on the southeasterly side of Berrington Place as shown on Dwg. No. 2A on Plan #13615 and designated thereon "Drainage Easement" . 3) The strip of land 20 feet in width extending from the Cul de Sac at the end of Lenore Circle to Dale Street over Lots 6, 7, and 8 on Plan Dwg. Nos. 2A and 2B on Plan #13615 and designated thereon as 1120 ' wide water Easement" . Said easement area is also shown on Plan #13769 as extending from Lenore Circle to Dale Street over an undesignated area (Lot 6 on Plan #13615) , Lot 7 , Lot 7A and Lot 8A and is again designated 1120 ' WIDE WATER EASEMENT" . D 4) The area at the end of Lenore Circle shown on Dwg. Nos. 2A, 2C. and 2D on Plan #13615 and designated thereon as "Access Way" and "Drainage Easement". All of said areas are transferred for access, egress, maintenance, and drainage as required by the Planning Board Approval of "Berrington Place" and as delineated in their decision approving Plan No. 13615. 03 : 39P P .03 COMMONWEALTH OF NSASSACi- USETI'S Essex ss October 15,,M 2001 Charles A.Carroll® President Then Personally appeared the at)ove nunwd Arid Treasurer and acknowledged the foreE;pinF, t<.i be the free act and deed�dxfuwpAK, of North__Andover _Realty Corp- , before me o ry ubli Ty Commission Expires: 9/29/2006 NOTE: This convcyancc is not effective until ❑ccepecd by Tovm Meeting, 1 ;1 r� r ,n 1 4 Y r 9 e f i' t I 'tvl i FORM M CONVEYANCE OF EASEMENTS AND UTILITIES (nameof owner)of ii oid Fins _cm Rd, TemmbB:wL, m G1476,(address) County, Massachusetts; for the consideration of , 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 Berrington Place , dated , 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 forIainage & Utilities Rely scribe use/purpose) the following parcel of land situated onBerr_irgton Place, Glaaore Circle(Street) in said Town of North Andover and bounded and described as follows: See Attached Exhibit 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 R Ashtc & (yyarxlol)n snith dated 19 and recorded in District Registry of Deeds, Book Page or under Certificate of Title No. — registered in — District of the Land Court,Book , Page This is not a homestead property. To be completed if a mortgage exists: And N/A the present holder of a mortgage on the above described land, which mortgage is dated 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 day of 19 COMMONWEALTH OF MASSACHUSETTS ss 719 _ Then personally appeared the above named and acknowledged the foregoing to be free act and deed, before me. Notary Public My Commission Expires: NOTE: This conveyance is not effective until accepted by Town Meeting. Dale Street Easements Drainage Easement (DB - A7) Starting at granite bound along the East Side of Berrington Place road, thence South along a curve with a radius of 30.00', for a distance of 18.96', to a point, thence Southeast along a curve with a radius of 30.00', for a distance of 26.66', to granite bound along Dale Street,thence S57'08'33"E, for a distance of 27+/- feet, along a stone wall to a point, thence N63'17'23"E for a distance of 36.34' to a point, thence N28'14'54"E for a distance of 170.18 to a point, thence N61'45'06"W for a distance of 78.85" to a point, thence South along a curve with a radius of 325.00' for a distance of 78.34' to a granite bound, thence S30'14'45"W for a distance of 88.88' to a granite bound. Drainage Easement (DB - A2) Starting at a granite bound on Berrington Place road and going S 13'8'46"E for a distance of 25.23' to a point, thence N66'28'1 l"E for a distance of 288.44' to a point, thence N08'42'49"W for a distance of 139.57' to a point, thence Northwest along a curve with a radius of 60.00' for a distance of 24.49' to granite bound, thence Northwest along a curve with a radius of 30.00' for a distance of 27.40 to granite bound, thence S83'27'57"W for a Distance of 158.44' to a granite bound, thence Southwest along a curve with a radius of 125.00 for a distance of 80.73' to granite bound, thence S46'27'47"W for a distance of 14.60' to a granite bound, thence South along a curve with a radius of 30.00' for a distance of 43.43' to granite bound, thence South along a curve with a radius of 175.00' for a distance 95.10 to granite bound, thence S05'20'23"E for a distance of 62.3 5' to a granite bound. Water Line Easement Starting at a point on the South side of Glenore Circle, thence N78'45'22"E for a distance of 190.98' to a point, thence S61'53'12"E for a distance of 58.88 to a point, thence S25'49'56"E for a distance of 113.97' to a point, thence S25'49'56"E for a distance of 339.88' to a point, thence Northeast along a curve with a radius of 615.00' for a distance of 20.48 to a point, thence N25'49'55"W for a distance of 364.6l'to a point, thence N25'49'55"W for a distance of 91.33' to a point, thence N61'53'12"W for a distance of 31.54 to a point, thence S78'45'22" W for a distance of 189.68' to a point, thence South along a curve with a radius of 60.00 for a distance of 21.83' to a point Drainage Easement (DB - A4) Starting at a point on the North side of Glenore Circle, thence N00'12'03"E for a distance of 69.50'to a point, thence N39'07'06"E for a distance of 51.61' to a point, thence N61'30'03"E for a distance of 83.29' to a point, thence N83'29'02"E for a distance of 34.67' to a point, thence N59'25'39"E for a distance of 77.23' to a point, thence N08054'18"W for a distance of 76.43' to a point, thence N81'05'42"E for a distance of 102,84' to a point, thence N09'04'5 6" for a distance of 171.38 to a point, thence S80'02'38"W for a distance of 54.07' to a point, thence S80002'38"W for a distance of 148.29 to a point, thence S I 5016'25"E for a distance of 155.6 F to a point, thence S74056'19"W for a distance of 85.97' to a point, thence S21018'54"W for a distance of 131.76' to a point, thence S00'12'03" W for a distance of 61.91' for a point, thence S00'12'03"W for a distance of 59.13 to a point, thence East along curve with a radius of 60.00 for a distance of 20.18 AUG-24-61 01 :06 PM oTTY jOHN WILLIS Her P. phillio. 1.c. Michael A. Gergein LAW OFFICES OF Stu&"M. Holb@r Russell S.Channer, )an@ M. Owens Trian® (P/Ihkbv Gcfs&Alr 111alb er&tru"m kynne A.Saben Lola M. M'Sheny 215 I(Ltnoza Avenue 0 Havechig, MA 01830 Tel: (1-47-9)374 11,31 1,-RQO)457-6912 2 (978) 372-308.6 Of Counsel: Gerald M. is August 2, 2001 Thomas Urbells, Esquire Urbelis, Fieldsteel allan, LLP 155 Federal Street Boston,MA 02110-1.'7127 RE: Berrington Place Subdivision, Noi-th Andover, Massachusetts Essex Superior Court, Civil Action'No.. 00-1 587-B Dear Attorney Urbehs: Please find enclosed a copy o1a letter sent to Pcidi Griffin, Town Planner relative to the deternihnation of Developer, W G Realty corp� to v"idhdravv from its Hitciltioil to mollify the previously approved and endorsed subdivision plan fforn sever (7) buildable lois to three(3) buildable lots. As such, NVPG Reaity Corp./Mesiti Development Corp., the intervening Defendants in the above captioned matter will hereby assent to a Motion to Dismiss the pending Complaint involving the modification to the existing plan, As mentioned in my letter to Heidi Griffin, the Developer intcnds to proceed on the approved and endorsed subdivisiorl plan for Derrin gton Placc. M11G Realty Corp., By its attorney, A A "/1 71. -lu lichn'! A. Gerste Ti, Aluire , ir� Phillips, Gti-stein, Holbef & Channen 25 Kejioza Avenue Haverhill,MA 01 U 0 MAG/dmo cc: Ken Gradstaff, Mesiti Nvelopnient Corp. AN acorn eys admitted in Ma5sachusem. Holbef admitted also in New Hampshire, "bv, admitted also in Maine, Other office: 32 Saw Avenue, P0.Box W,Old Orchard, ME 04064 Reply to Haverhill office only Herbert P. Phillips, P.C. LAW OFFICES OF Michael A. Gerstein Stuart M. Holber Z11 Russell S. Channen Th*s, 6efste&,Auffier&UMWn Jane M. Owens Triano Lynne A. Saben 25 Kenoza Avenue N Haverhill, MA 01830 Lora M. McSherry Tel: (978) 374-1131 /(800) 457-6912 N Fax: (978) 372-3086 Of Counsel: Gerald M. Lewis Harold.N. Mack R E Co EE August 2, 2001 AUG 2 0 0 1 Ms. Heidi Griffin, Town Planner 0 North Andover Planning Board NRT H 27 Charles Street North Andover, MA 01845 RE: Berrington Place Dear Ms. Griffin: Please be informed that MPG Realty Corp. hereby seeks to withdraw its plan to modify the above referenced subdivision from seven (7) buildable lots with one (1) unbuildable lot to a subdivision containing three (3) buildable lots and one (1) unbulldable lot. As such, MPG wishes to refrain from proceeding further on the modification to the subdivision approved on August 16, 2000, and which is currently subject to an Appeal at the Essex County Superior Court. As a result of such intended withdrawal, MPG Realty Corp. intends to proceed upon the originally approved seven (7)buildable lot subdivision that has been endorsed by the Planning Board and the plan which is recorded at the Essex North District Registry of Deeds as plan number 13615. MPG Realty ' Realty Corp.,Cor By its attorney, Michael in- squire icliael A. Gerstein, Phillips, Gerstein, Holber & Channen 25 Kenoza Avenue Haverhill, MA 01830 MAG/dmo cc: Kenneth Grandstaff Thomas Urbelis, Esquire, Town Counsel I,—1­,J­-,I"d All attorneys admitted in Massachusetts. Holber admitted also in New Hampshire. Holber admitted also in Maine. Other office: 32 Saco Avenue, P.O. Box W, old Orchard, ME 04064 Reply to Haverhill office only Sheetl BERRING TON PLACE NORTH ANDOVER, MASSACHUESETTS Lot Size Square Footage CBA Frontage Lot # 1 93,823 sf 92,367 sf 205 feet Lot # 2 116,195 115,945 175 Lot # 3 87,159 65,733 175 Lot # 4 100,690 66,104 175 Lot # 5 101,617 90,465 175 Lot # 6 105,181 101,386 175 Lot # 7 134,748 127,084 626 Lot # 8** 564,089 N/A 186 **Lot# 8 To be conveyed to Town of North Andover Page 1 ` 0 TH Town of North Andover ; - ONCE OFCOMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover, Massachusetts 01845 WILLMN J. SCOT T Director (978)688-95 31 Fax (.9 78)688--954 2 Memorandum TO: Planning Board From: William J.Scott, Community Development Director RE: Repetitive Petition and Barrington Estates chronolcgy Date: March 16, 1999 The background on the Barrington Estates case has been some hat clouded by virtue of the multiple permits that are required. In order to provide clarity to the issue I have developed the below chronology. Definitive July 22, 1997 Withdrew Facing Denial from incomplete application Subdivision Special Permit July 22, 1997 Withdrew Facing Denial from incomplete Watershed application. Applicant challenges need for ermit based on.pre-eAsting lot. Special Permit April 23, 1998 Approved Question as to how the special permit for Roadway relates to the subdivision decision. Subdivision April 22, 1998 Approved Subdivision appealed in court. Mylars for Definitive signing delayed due to appeal. Variance for April 15, 1998 Denied The ZBA decision indicated that there was work within 75ft no evidence that they met the test of the watershed Variance, Soils, slopes, topography etc. zone. Applicant claimed they are grandfathered because the lot was created prior to the watershed by-law adoption. Repetitive June 3, 1998 Withdrawn Relationship to lack of signature on Petition Definitive Plan cited as reason from Planner Planning Board to withdraw. Variance for Sept.,14,1998 Withdrawn Relationship to lack of signature on work within 75ft Definitive Plan cited as reason from ZBA to watershed withdraw. zone. Repetitive October, 1998 Withdrawn Relationship to lack of signature on Petition Definitive Plan cited as reason from Planner Planning Board to withdraw. Repetitive January 1999 Pending Recommend denial lack of information Petition Case indicating specific and material changes Planning Board in the application as compared to reasons for ZBA denial. Needs Repetitive Petition ZBA Repetitive Petition B0,AdTD OF APPEALS 688-9541 BUILDING G 688-95#5 CONSERIVATION 688-9530 HEALTH 688-9540 1'L,=MINTING 688-9535 Planning Board Variance ZBA The applicant has faxed to the department a letter, attached, indicating their reasons for the specific and material changes. However the letter only restates in much less detail the issues presented in a memorandum in support of the application to the ZBA that was denied. Regardless of the last submittal the material is insufficient to overcome the reasons for denial. There are no "specific and materials changes" to the application that are related to the ZBA denial. 14: 18 60364188.02 PD ASSOCIATES LLC PAGE 01 PD Associates, LL C Real Estate Consultants Telephone#:(603)641-8200 1600 Candia Road,Suite#7,Manchester,NH 03109 Facsimile#:(603)641-8882 March 1, 1999 Mr. William Scott Director of Planning and Fconomic Development Town of North Andover 27 Charles Street North Andover, MA 01845 Via Facsimile: 1-978-688-9542/Original to follow Dear Mr- Scott: Pursuant to your request,please accept this letter as further clarification of our request for a hearing pursuant to Section 10-8 Repetitive Petitions of your Zoning By-laws. This request is also made pursuant to MGL Chapter 40A.,16, An application for a variance was made to the Board of Appeals and was heard on April 14"', 1998. The variance was a request for relief from the requirements of Section 4,Paragraphs 136.2(b) and (iv); 136-2(f), 1363(d), of Tables I and 2 to build a roadway with all required details within a 75' foot conservation zone in an R-I zoning district. 'The request for variance was denied on April 10, 1998. During the Planning Board and Zoning Board of Appeals hearings,there was much confusion and debate as to whether the applicant's parcel which at that time was a singte-lot being proposed for a subdivision triggered the request as mentioned above. Both Boards felt that the request was premature in that the lots had not been physically created. This would only be triggered by final approval of the Definitive Subdivision Plans and recording of the signed mylars. In light of that fact the Board of Appeals denied our petition as they felt we failed to show substantial hardship relating to unique soils conditions,etc. ,we feel compelled to revisit this issue. The only means of access to the property is through an area that falls within the 75' foot conservation zone, a request for a variance can be granted as this access is bordered on each side by wetlands soils, is an irregular shaped lot that is unusual in that its shape only allows access through to 50' foot-+-/-rights- of-way that extend into the majority of the property. Further,the typography as shown on the plans is such that access cannot be granted without traversing land that is extremely low and impacted with wetlands. It is our intention to have the Planning Board sign the mylars in order to create the Berrington Place Subdivision so that we may proceed with the Repetitive Petition hearing and once again proceed to the Board of Appeals for a re-hearing based on the merits of our original request for access with the requested variance and relief from Section 4, Paragraph 136. If you need any additional information, please feel free to call. Respectfully submitted mer�APeasWeJl CaPM,tEA EAP/s-o ' . . . ^ REJ�'��] w Ss NORTH ANDO\/r'_R i TOWN OF NORTH AwOOvER H oFq7�/ ||�� OT / �p� �u MAsSAcHuSETTs BOARD OF APPEALS � Any appeal shall uefiled date m filing m this Notice within(20)days after the NOTICE OFDECISION m the Office m the Town Clerk. Property: Dale SL, Map 37B, Lot#1, (BeningtonPlace) NAME: MPG Realty Corp. DATE: 4/15198 ADDRESS: 11 Old Boston Rd. PETITION: 010-98 Tewksbury, MA 01876 HEARING: 4/14198 The Board of Appeals held o regular meeting nn'Tuosday evening, April 14. 1998. upon the application uf MPG Realty Corp., 11 Old Boston RU.. Tewksbury, MAO187G' requesting a Variance for said prornioom located at Dale St', [Nap 371B. Lmt#11, (Berrington Place), North Andover, MA from the requirements ofSection 4. paragraphs 136.2 (b) & (}v); 136.2 (0; 136.3 (d). of Table 1&2to build a roadway with all required details within the75' conservation zone, in R-1 Zoning District, The following members were present: VValterF. Sou|e, Raymond Vivanzio, Scott Karp{nski, Ellen McIntyre and George Earley, The hearing was advertised in the Lawrence Tribune on3/31/QO & 4/7/S8. and all abutters were notified by regular mail. Upon a motion made by Walter Soule, who removed himself as acting chairman for this vote, and seconded by George Earley, the Board voted to deny a Variance seeking relief from Section 4, P. 136.2 (b) & (iv); 1362 (f); 136.3 (d), to build e roadway with all required details within the 75' conservation zone, on the basis that the petitioner failed to show substantial han1nhip, financial or otherwise, relating to unique soil conditions, relating toshape, or topography of land, as required under Chapter 4OA. Section1O of the General Laws and Section 1O.4of the Zoning Bylaws. Voting in favor of the denial: Walter Sou|e, RaymondVivenzio. SoottKarpinahi. B|an McIntyre, George Earley. BOARD OF APPEALS` Raymond VWenzi cti Chairman /`—`-- PUBLIC HEARING: Patricia S. Fernandez 72 Russett Lane Attorney Susan Craighead was present to represent the petitioner, she presented a copy of an overview explaining the request for a variance and a special permit (for the record) . Raymond Vivenzio read the legal notice. The primary issue is that the addition of a library and storage area will have to meet the current requirements regarding setbacks. The relief requested of a side setback and street frontage is because this is the only spot for the addition as the septic is on the other side of the house. Walter Soule asked if anyone was present in favor, no one was present. Walter Soule asked if anyone was present in opposition, no one was present. The Board discussed the variance requirements, and the special permit request and agreed to vote. Upon a motion made by Scott Karpinski, and seconded by Raymond Vivenzio, the Board of Appeals voted to grant a variance requested from the requirements of Section 7, paragraph 7.2 & 7.3 for relief of 25' street frontage, and side setback of 3' and to grant a special permit as requested to add an addition of a library and storage area, to an existing non-conforming lot. Voting in favor: WFS/RV/EM/SK/GE. PUBLIC HEARING: Sprint Spectrum L.P. Boston Hill The petitioner was not heard as there were not enough Board members present to take a vote tonight. Atty. Scalise and the Board agreed to continue this petition until next month. PUBLIC HEARING: MPG Realty Corp. Dale St., Map 3713, Lot 1. Raymond Vivenzio said that hearing this petition tonight could be a problem as he will not be present next month should this become a continuance. Walter Soule explained this to the petitioner, as this could run over tonight. The petitioner decided to proceed tonight. Raymond Vivenzio read the legal notice. Atty. Michael Gerstein was present to represent the petitioner, MPG Realty Corp. This is a request for a variance to develop a roadway within the 75' Conservation zone, so as to eventually build an 8 lot residential subdivision. This originally started with the Conservation Commission when an order of condition was received, and went to the Planning Board where the public meeting has been closed. The question is whether there is an issue of applicability for the ZBA to even make or render a decision because he is dealing with an access to build a roadway within the 75' conservation zone. Under Section 4.136 2 if it applies to lots recorded and registered after Oct. 24, 1994. Atty. Gerstein stated, there is a question as to whether the ZBA would have to rule on this because he is dealing with a lot that has 2 existing driveways, one of which provides access to the lot. 5 If a variance would be requested then it would become a ZBA matter, but because the lots in question were created prior to the effective date of the law, that it may not be applicable, he is here to represent the applicant, also the owner is here to represent the Smith family, and this land has been in the Smith family since March of 1960. There are 2 existing driveways with culverts, one is currently used to.provide access to this property, in 1957 there was an approval of a sub-division using these exact same access points. This is a request to use these access points, there is no other reasonable use or reasonable access points to this property. The hardship would occur because of the shape of the lot and the access points as they are, this would constitute the hardship. Elmer Pease, a Consultant, presented in favor of this petition. Mr. Pease indicated what areas (color coded) were within the Conservation Zone, and he indicated the areas he is dealing with tonight and where the water line complies with the special permit provision under 4.136, 1,1. He pointed out the beaver pond, and the Town Farm land, and where the wetlands are located. He referenced where the vehicle traffic would take place. Walter Soule asked where the water would run off over the property? Elmer Pease pointed out where the wet lands were and where the culverts were. Walter Soule questioned where the water ends, relative to the watershed line, in reference to the bylaws. Mr. Pease pointed out that he is asking for a variance to use the property through one of the two access points that currently now exist. There are wetlands all around the area, and most of the homes fall within the 75' conservation zone as pointed out on the map. Jeffrey Smith spoke, he is the guardian of his mother Mrs. Gwendlyn Smith, (submitted a letter for the record), stating that he is in favor of the variance being granted to MPG Realty, his mother's estate would benefit from the funds received by the transaction from Mrs. Smith to MPG Realty as it would help pay for her care as she has a debilitating illness. Kerry McCollister, 206 Dale St., is an abutter and was present to speak regarding the beaver lake situation. Kerry said the beaver lake problem has evolved over the last 10 years and he has been delegated to manage the lake as the problem has been put in his hands. He is here to speak as to whether the sub-division will make matters worse relative to the beaver lake problem. He wants to control the lake as he feels it is a major concern for the entire community. He is in favor of the sub-division. Dave Rand, 280 Dale St., spoke next, he lives on the back side of the beaver lake, and he is the only person eligible to touch the lake. He has worked to get a permit to do so, and the beavers are encroaching on the surrounding property. Every morning he takes out 5 beaver dams and every night they are put back. He has a permit in his hand and if anyone disturbs a wetland there is a $25,000.00 fine. Since the request for the variance, he has learned that the dry retention areas on the bottom of Bear Hill do not 6 6- work, and he feels that someonoma�eam�el ehpilocated there where the water f flows into, he is not in favor of granting a C variance ariance to put in a roadway. He has a set of plans for dry retention area on Bear Hill and every drop of water from Bear Hill runs into Dave Rands backyard. Raymond Vivenzio asked why he said someone tampered with the wetlands, it might be a sample of bad engineering? Mr. Rand said that he has informed all of the Boards in Town of this problem. A letter from Ms. Shelly Shuman, 130sMunabledto Rabutter, was submitted to the Board on her behalf as she wa attend the meeting. She is in opposition to the variance for MPG Realty as she now finds she has water in her cellar, and she feels it is because of this she doesn't want anyone to build in the area and tamper with the topography of the land. Raymond Vivenzio read a letter from Kopelman and Paige to Kathleen Bradley Ca{well regarding Berrington sub-division, relative to Watershed, Conservation Committee, (letter for record). Timothy Ippolito, intern Architect, with Ben Nutter Associates, was present to represent Maria Dowd who is an abutter, 128 Dale St. His concern is the request of the roadway being built adjacent of Ms. Dowd's property, if a retaining wall will be built by MPG, will this cause a natural depression where the water could drain onto Ms. Dowd's property? How much will the amount of fill be done on the site and how it will effect Ms. Dowd's property? How will this effect lateral displacement on any of the water that is continually rising?. There is a drainage issue because of the beaver problem. The issue of fill and snow plowing forming sediment in a culvert located on Ms. Dowd's property needs to be addressed and who will be responsible for the snow removal from her property put there by the snow plow removal from the roadway. Walter Soule asked if Mr. Ippolito presented this to the Planning Board yet, Mr. Ippolito had not at this time. Raymond Vivenzio suggested that it would be beneficial to get some/any input available from the DPW. The issue was raised by Walter Soule to the petitioner that they should think about whether they would be in the mood for a continuation for 2 months, he asked them to think about the question because some of the Board may not be here next month, and they could be hard pressed to bring in a decision next month because of this. Elmer Pease spoke regarding the beaver problem and Bear Hill run off issue and that this issue came up in front of the Planning Board this week. The Planning Board thru letters of the Engineer that they hired themselves, along with the storm water management practices that they are required to follow, and approved by the Conservation Commission, thru order owas ditioaddressed these concerns as the DPW notified regarding Bear Hill. The Planning Board doesn't want to render their decision until they are sure MPG has a non- applicability issue or a variance from the ZBA. The issue regarding applicability and does the roadway approval fall before 1994 or after 1994, is still an issue that needs to 7 pe addressed tonight. r. Pease said that after the Board determines o hardship is app ►icable, and finds that a variance is granted, he said that the i apparent. ed the question why MPG didn't come to the icabili yss b of at that Raymond Vivenzio rats ain Mr. Pease said it was an app livable, he t not going to the Planning Board? A9 access issue is applicable, time. Mr. Pease personally feels that the roadway asking for it to be a "lot", therefore he feels it falls under t e p e-art of9his2equest is to falls under the pre-1994, or the pot94? He ►s disturbance zone setbackaccess nroadw Y)d not the 75 Conservation. legally decide if the acc ( to accommodate here tonight on behalf of the Planning Board vnz ohnformed Mr. Pease that it was everybody. Walter Soule and to present on the petitioner to present to the ZBA his arguments either to t incumbent up licabilit , and then if it is applicable than what are his applicability, or non-app y ar uments in respect to a variance and where is the hardship. and g in uesteon opinion that this is not applicable because of the driveway q It is MPG's op provisions. because of the clear meaning of the p the beaver as more discussion between the abutters and thKaBoard asga aappeal into the There w problem and that Mr. Rand advised the Board that State regarding the problem. e may not be enough ZBA Board members present to Raymond Vivenzio said that th in order to form a quorum. Because of this Scott make a decision by next month d submit an Karpinski asked if MPG would like to withdraw without prejudice store9ent next month to another application next month as this wouold allow embe se The Board discussed that I vote as they would be counted as newly as they did not know how y they were not ready to vote tonight. After wrapping un this 'pg is argument relative to wanted felt regarding this petition ' requesting a variance, the representative for MPG Realty said they applicability q a decision made tonight. what he wanted the Board to Walter Soule asked the representative for MPG Realty application a tonight regarding a decision. The representative said that the app able. Walter say Table 1, is not applicable. you withdraw without prejudice'? Pandas the WFS submitted for a variance request under 4.136 2( Soule had 2 questions, 1. Why don't y grit not to make a motion, but to pass the gavel to the Vice Chairman, authority, will make the motion..... e what to The representati ve 4.136 from MPG conferred with his colleagUe2 t f Table Iapplies, yes or 9 toni ht. He is asking tonight if the Board will rule of no. 8 r Mr. Ippolito said that the applicability issue does applSt. are diffey ashis rent than the map for the is a lot in its entirety and the lot line as shown on the property on 128 Dale deed. Pursuant to this, upon a motion made by Walter Soule who removedo ting chairman for this vote, and seconded by George Earley, thBoard ed to deny a variance seeking relief from Section 4, P. 136.2 (b) & (iv), 136.2 (f); 136.3 (d), to build a CIO, conservation zone, on the basis that the roadway with all required details within the 75' conserva petitioner failed to show substantial hardship, financial Q_rQiherwise, relating to unique hoof land,a required under Chapter _ as re( _ &II :conditions, relating to g-ByLaw�-ALotmg-�i 0 of the Qpperaj L _and ctto 10-4-of-thie-Zonin- e —aws -S-e- -n- ' favor of the denial, WFS/RV/SK/EM/GE. Uon a motion made by Raymond Vivenzio and seconded by Ellen McIntyre, the Board p voted to adjourn the meeting at approximately 11:1 OPM. mi/aprilmtg 9 i Herbert P. Phillips, P.C ',;��, i Michael A. Gerstein LAW OFFICES OF 3 '4 0�I-.�cQ Stuart M. Holber Russell S. Channen Th4s, 6efs 'fleffia , C _7 �! Jane M. Owens Triano Ronald N. Beauregard 25 Kenoza Avenue N Haverhill, MA 01830 Kevin P. Rauseo Tel: (978) 374-1131 /(800) 457-6912 M Fax: (978) 372-3086 Of Counsel: John T. Pollano Gerald M. Lewis April 10, 1998 Town of North Andover Zoning Board of Appeals 146 Main Street North Andover, MA 01845 Re: Applicant: MPG Realty Corp. Owner: Gwendolyn C. Smith Location: Dale Street (Map 37B, Lot 1) Dear Board Members: Enclosed please find five (5) copies of the Memorandum in Support of Applicant's Request for a Variance relative to the above referenced matter. I wish to confirm the hearing on such request is set for Tuesday, April 14, 1998. MPG Realty--Corp. By its-atiorney, d4, V Michael A. Gerstein MAG/lf cc: MPG Realty Corp. All attorneys admitted in Massachusetts. Holber, Beauregard and Rauseo admitted also in New Hampshire. Holber admitted also in Maine. Other office: 32 Saco Avenue, P.O. Box W, Old Orchard, ME 04064 Reply to Haverhill office only i April 10, 1998 Town of North Andover Zoning Board of Appeals 146 Main Street North Andover, MA 01845 Re: Applicant: MPG Realty Corp. Owner: Gwendolyn C. Smith Location: Dale Street (Map 37B, Lot 1) MEMORANDUM IN SUPPORT OF APPLICANT'S REQUEST FOR A VARIANCE FACTS Applicant proposes to construct an eight (8) lot residential subdivision on the above site and has filed a Definitive Plan for subdivision approval with the North Andover Planning Board. Such matter has already been heard at such Planning Board on March 17, 1998 and April 7, 1998. At such recent meeting, the Planning Board voted to close the public hearing. Applicant has further received an Order of Conditions from the Conservation Commission dated January 7, 1998. Applicant hereby seeks a variance, if applicable or required, to build a roadway within the seventy five foot conservation zone, pursuant to Section 4.136.2 (f) of the Zoning By Laws of the Town of North Andover. As further background information, you should be aware the lot has two existing access driveways with culverts one of which is currently being used for access purposes. There is no other reasonable means of access to the lot and, in fact, a previous subdivision known as "Appleton Estates" was approved using such access points in 1957. Both the driveway locations are in close proximity to the jurisdictional wetlands although there might be available which necessitates the variance request. It would t be importan o note that at review of further Dale Street lots abutting the site all evidence driveways that fall within the conservation setbacks. There are further issues relative to this lot dealing with the applicability of the provisions of the Zoning By Laws which were made known to Town Counsel. The provisions relating to the ' Zoning By Laws which were made known to Town Counsel. The provisions relating to the establishment of the Conservation Zone and the enlargement of the non-disturbance zone [Section 4.136.2 (f)] only apply to lots recorded and registered after October 24, 1994, the date of the enactment of such provision. The owners obtained title to such lot in March, 1960, thus exempting the applicability of the provisions or at least raising the question as to the applicability of such provision. Notwithstanding such situation, Applicant is requesting a variance so as to proceed with such subdivision and to be able to use the roadways already in existence. ISSUE PRESENTED: WHETHER THE ZONING BOARD OF APPEALS FOR THE TOWN OF NORTH ANDOVER SHOULD GRANT A VARIANCE TO APPLICANT ARGUMENT The Zoning Bylaws for the Town of North Andover provide for standards to be used in granting variances pursuant to Section 10.4. Such also exist in Massachusetts General Laws Chapter 40A, Section 10, which allows the granting of a variance where "owing to circumstances relating to the soil conditions, shape or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the Ordinance or Bylaw would involve substantial hardship, financial or otherwise, to the Petitioner or appellant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or bylaw." The courts have held that substantial hardship, financial or otherwise, is found only where, under unique circumstances, it is not economically feasible or likely that the locus would be developed in the future for a use permitted by the zoning ordinance or bylaw. Such was the decision rendered in the case of Cavanaugh v. DiFlumera 9 Mass App Ct 396, 401 N.E. 2d 867, 871 (1980). It is important to note and review in the Request for Variance, that the roadways through which access is being sought provide the only means of access to such lot. The owner, Gwendolyn Smith, is currently suffering from an advanced state of Alzheimer's Disease and is unable to care for herself, and is cared for by her children, including her son, Geoffrey Smith, who has been appointed her guardian. While it is acknowledged that the personal hardship of an owner would not be the basis of granting a variance based upon hardship, it is important to note that such land has been in the Smith family for many years, a previous subdivision was allowed using the same access, and the failure to grant such variance would prevent the best and proper.use of such land, that being for residential purposes. There are unique conditions affecting the shape, topography and soil conditions of the lot due to the access issues, the situation of such land being in a watershed district and the necessity to �r y, traverse such currently existing driveway to provide the needed access. Such unique condition is clearly evident in this matter and is worthy of your further consideration. It is further believed that a literal enforcement of the Zoning requirements would create a hardship. An older case of Brackett v. Board of Appeal of Boston, 30 NE 2d 961 (1942) provided language that I think would be worthy of your consideration in dealing with hardship and an owner's not being allowed to reasonable use of the property. The Court in such Brackett case stated, "no one factor determines the question of what is practical, difficult or unnecessary hardship, but all relevant factors, when taken together, must indicate that the plight of the premises in question is unique." The hardship to the Smith Family is apparent and the inability of the Applicant to make proper use of such land, for residential purposes, clearly mandate the necessity of a variance being granted. It is further believed that should this Board grant a variance, it will not substantially harm public good, nor substantially derogate from the Bylaws' purpose. It is certainly the intent of the Applicant to maintain the residential character of the neighborhood, and comply with Commonwealth of Massachusetts law that will protect the property both as to its development and conservation issues. Applicant only seeks to have use of a driveway, which currently exists, for access to such property and use related utilities. The fact that the driveway is in the Watershed Protection District does not cause any harm to the public good nor derogate from the Bylaws' purpose, especially when one considers that issues dealing with such Watershed District were reviewed by the Conservation Commission, which issued an Order of Conditions and which further has been considered by the Planning Board in its determination in granting subdivision approval. It is further noted that the Courts have held that "some derogation from the Bylaw's purposes is anticipated by every variance; otherwise, the denial of relief on the basis of a slight or insubstantial department from the goals of the Bylaw would prohibit the grant of any variance". _Cavanaugh v. DiFlumera 9 Mass App. Ct. 396, 401, 401 NE 2d 867 (1980). It is acknowledged that a variance is only granted in situations where all applicable provisions of the Zoning By Laws of the Town of North Andover and the Commonwealth of Massachusetts are met. It is believed, in this petition, that Applicant and Owner have submitted proper and substantial information and documentation, have reviewed matters with Town Counsel and the Town Engineer, and have met with all required Boards and officials to comply with all municipal requirements. The use of the driveway is an integral part and a prerequisite to the use of the lot and it is believed that the standards for a variance have been met, the requisite hardships and issues have been addressed, the inhabitants of the Town of North Andover would not be adversely affected, and that the granting of a variance would be the proper and suitable relief. l a l CONCLUSION For all matters set forth in this brief statement, petitioner, MPG Realty Corp., respectfully requests that its petition seeping a variance is granted. MPG Realty Corp. by its attorney, i� Michael A. Gerstein Phillips, Gerstein, Holber& Channen 25 Kenoza Avenue Haverhill, MA 0183 0 (978) 374-1131 BBO # 190040 NORTH Of tic°;d MHO 3,r yc,,+, ...., • OL F .�,— A �✓ °^�r.° e•`4h Ss US TOWN F NORTH OFFICE 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Joyce A. Bradshaw, CMMC Telephone (978) 688-9501 Town Merl-, Fax (978)688-9556 E-mail jbradshaw@townofnorthandover.com I, Joyce A. Bradshaw, Town Clerk for the Town of North Andover do attest that there was an administrative oversight on Plan #13615 recorded at the Essex North Registry of Deeds. Plan #13615 is for Berrington Place 8 Lot Definitive Subdivision. No indication of the appeal period having been satisfied was noted on the recorded plan. I also attest that the appeal of Daniel Takesian, et.al vs. the Planning Board of North Andover was dismissed on January 4th 1999 - Case 98-914, Commonwealth of Massachusetts — Essex County Superior Court. There are no existing appeals for the Definitive Subdivision at Berrington Place— 8 Lots. However, there is an appeal on the 3 lot subdivision. This certificate will be attached to the original recording and a marginal reference on the plan made at the Registry of Deeds. ATTEST: A True Copy Town. Clerk b ® EvELOPMENT OFiOUPV T RAN S I T T .A. L TO:Xoce Bradshaw,Town Clerk From Xcuneth Ahern., l�;e�ecs faa��e� Cosnlsanj-.To-am ref.N area Andover Date CH 9,2001 nu r---h cz. Total no. of pages including cover: 3 pho e-munbe..t:978-688-95Oo ©face 978-687-5300 Fv" 97 U-JJf-co,SV 0 Cell 978-423-25 1 Re: Prn*t 8 Lot Definitive Subdivision Plan Berrin on Place Definitive Subdivision recotded without a Certificate from the No.Andover,l Town Clerk stating no appeal has occurred within 20 daps of approval CI URGENT UFORYOURUSE n PLEASE COMMENT 1-5�PLFASF REPLY O PER;poi R R€Oi3ES R Notes%Comments: Dear Ms. Bradshaw, Tease find attached Section 41 of M.G.L.41 in which I have highlighted the pertinent section wherein the prerequisite of"No register of deeds shall record any plan ,. less (1) such plan bears ._a certificate by the clerk of such city or town,is endorsed on the plan, or is separately recorded and referred to on said Tpan, that no notice of appeaj was received during the twenty,days next after receipt and recording o€notice from the planning board of the approval of the pLm,.." Due to-Administrative ezroz the above plan was recorded at i"�1Ju15 at the l ssex North Dist Registry of Deeds wi:fiout rue Town Clerk notification.I spore to Mt. David Bye at the Reg say cif Deeds abo-at tb s matter and how to retnedy it.He advised me to vut I a Cc!fi4ate fro the Town`,lark that states the standard no appeal certification but,in addition,makes mention of this administrative oversight. He will then accept the certificate for recording and then make a marginal reference on the plan in the Registry of Deeds archives. Please do not hesitate to call with any questions. �wv� rlcica� i 231 Surma,SmC S6&e:F,Norrh Andover,Na 01845 ()78)687-5300 Pax(978)557-8160 kxhexn—n *roup.eom P,ECE\yED Town of North Andover RT jOYCE BRADSHAW � �� ��� ���l�art�0eD�� TOWN � ------ -- ~~'- - -------�� -- " -- Development and Services ��^��~�~o�D� ���T� �M .~ �=^ == = �C Division 27 Charles Sbeei 7001 SEP 97 ` Z\ )|: 50 North Andover,Massachusetts Ul845 SS C us Heidi Griffin Telephone (978)688-9535 Fax ux (078)688-g542 PUBLIC HEARING NOTICE ' NORTH ANDO\/ER PLANNING BOARD In @CCOPdaDce with the DrDVi6iOOS Of Chapter 41. Section 81 W. M.G.L. and the North Andover Zoning BV-LaVV' the Planning Board will hold @public hearing as follows: Purpose of Public Hearing: The applicant ie requesting that the Planning Board rescind the decision made by the Planning Board on August 15. 2OOOand recorded with the Town Clerk on August 18. 20OO. The request is to rescind the Planning Board approval of modification to definitive subdivision entitled Berringhon Place which depicts o modification from e subdivision containing seven buildable lots and one unbui|dob|e lot boo subdivision containing three buildable lots and one unbui|deb|e lot in accordance with K0.G.L Chapter 41 Section 81VV. Public Hearing Date and Time: Tueadoy, Dctobar1G. 2001 7:30p.m. Location of Public Hearing: Department of Public Works 384 Osgood Street, North Andover, K8A. near the High School Entrance Address of Premises Affected: Located on the northerly side cf Dale Street Applicant/Petitioner: North Andover Realty Coqx.. 1O0 Johnnycake Street, North Andover, K8AO1845 Information Available: Aoopy of the request is on file in the Planning Board office ot27 Charles Street, North Andover, K8A, and may be inspected Monday through Friday 8:3Uo.m. to4:30p.m. Any person interested O[wishing tObe heard OO the proposed plan should appear @fthe time and place designated above. John Simons, Chairman North Andover Planning Board Publish: Lawrence Eagle Tribune Monday October land October 8. 2001 ' BOARD oF APPEALS ao8n54/ onILoovu^xn*»m oomosuvxoxzmox8o5so nomLzo688-95*0 pcxwmnvo688*535 i I 'LLREAGMA-L NOTICE PUMLID MEARINe I NOTICE I ACID t ER P B BD In accordance with the Section 81 , M.C�p L ter and I the 'art Andover Zoning By-Law,the Planning Board f,O_11 $ a public ring as I fo►lows: � IPurpose of Public Hear- Ing:iThe applicant isr' rl requesting that the Planning g Board rescind the decision P made by the Planning Board on August 15, 2000 and } recorded with the Town Clerk on August 16,2000. 1 The request is to rescind the Planning Board approval of Id a modification to a definitive subdivision entitled Barring- in ton Place which depicts a y Modification from a subdivi- sion containing seven build- able lots and one unbuild- e able lot to a subdivision ocontaining three buildable Iots and one unbuildable lot r_ in accordance with M.C. .L Chapter 41 Section 81 W. lic Hearing Date and Id Time:bTuesday,,October 16, ju 2001 7:30 p.m. !h Location of Public Hear- le ing:Department'of Public of Works 384!Osgood Street, ko North Andover,MA, near �e the High School Entrance Address of Premises e,Affected:Located on the ;,a northerly;side of Dale Street' i- Applicant(Petitioner: CA lis North Andover Fealty Corp., �, � A 100 Johnnycake Street,,r NorthAnd over' MA101845 918 Information Available:A L0 sa ,copy of the requests on file ci' in the Planning Board office ,f at 27 Chaerles Street, North o Andover, 11�A, and may be If inspected Monday through ,f Friday 8:3o a.m.to 4:30 P.M.g It Any person interested or 1 wishing to be heard;on the Proposed plan should ,, appear at the time and place d designated above. Is John Simons,Chairman w North Andover Planning A In Board rt From the Office of: Afar.John Wills,Jr„160 Pleasant St. North Andover ET—October 1,8,2001 LEGA NOTICE &IIGHWAY TOWN OF NORTH ANDOVER LIST OF PARTIES OF INTEREST: PAGE OF SUBJECT PROPERTY MAP PAR= NAME ADDRESS r4,1+c ABUTTERS: i) c'. q 7e,tilwimit),ite.p i a:q p o ce, 5 7LJ -t hADe�-XX, M, PUMT, p/Z 13 3 0 7- I q MAP, X C tlt'' )il;4A" TIZ, 52- c� ; rAfit;4L-4106- 5,y A,AW7VIL',51� t7H CIO,(,if0r-aQ��cli Ow f)jqjk;I rL -�-73Z'/�Aj Cl-L C-A) lKe-5,�AA) ly 19 0 LC 57 0 L L I 57E RC16 PqLe C4 75DWO, Y+, -S�JM,�jzfMrLb y Wla vi �oL-f ,'tC,e PL ra-161c,laA 6 C4 57-L _ (- DLN"-Tj�-jL0jq C e pi- P, a. .'�n r-Repericy, R, k� qt7-a e/a- M-cls 5; /1"- J -7 ic t�p IZ P Tt 61 C Op 'n" 0 I-P 'Al t,PL L e -0 ajJtiA6'i 1168,te )e cljv,'6 DdLe I L I-M!tk) Pe CC C-ice 14 f- 5'14A (,-e `0 N9-Le 5:Z Outified by CERT. BY : Board of Assessor o6Andov6r DATE: Town of North Andovero T � I COMMUNITY11 L RVICES 27 Charles Street North Andover, Massachusetts 01845 Director (97P}f -95?( Fax(978)698-9542 errington Place—Dale Street PUBLIC HEARING NOTICE NORTH ANDOVER PLANNING BOARD In accordance with the provisions of Chapter 81T and 81-U, M.G.L., the Planning Board will hold a public hearing on Tuesday evening, May 2, 2000 at 7:30 p.m. in the Department of Public Works Conference Doom, 384 Osgood Street, on the application Mesiti Dvelopment Corporation, 231 Sutton Street, Suite 2F,North Andover, MA 01845 for approval of a modification to a definitive subdivision plan entitled Berrington Place, located on the northerly side of Dale Street, drawn by Erik Iieyland and dated March 21, 2000. The modification is to decrease the number of lots from eight to four. A copy of the plan and application is on file in the Planning Board Office and may be inspected Monday through Friday, 8:30 a.m. to 4:30 p.m. Any person interested or wishing to be heard on the proposed plan should appear at the time and place designated. Alison M. Lescarbeau, Chairman Forth Andover Planning Board Publish: North Andover Citizen April 12, 2000 and April 19, 2000 Bill: Mesiti Development 231 Sutton Street, Suite 2F North Andover, MA 01 45 Tel: 978-687-5300 BOARD OF APPEALS 688-9541 BUILDrNG 688-9545 CONSESiVAT1011J, 688-9530 HEALTH 688-9540 PLANNIFIN a 688_.n'5-45 1JuSuea uus year C on�atulations.- Milk Street ed to open space and/or farmland shall be the Department LEGAL NOTICE deemed satisfied". SUBMITTED BY BOARD Street n the applcua on of Mes fit Dever PUBLIC HEARING NOTICE OF SELECTMEN 384 Osgood 357 DALE ST "NORTH ANDOVER PLANNING BOARD ment, 231 Sutton Street, North Andover, MA LEGAL NOTICE 7 Public Hearing Date & Time Tuesday, May 2, &1180.31 of the Nortecialh Andover Zoning gylaN or PUBLIC HEARING NOTICE In accordance with .tie provisions of Chapter 2000 @ 10:00 pm � ) NORTH ANDOVER PLANNING BOARD 4 an Section 11 l hold the North Andover construction of 79 townhomes. Location of the In accordance with the'Provisions of Chapter'- Planning Board will hold a Public Hearing as Logtion of Public Hearing North Andover Pub- CleCt is Route-114 Turnpike Street, across 40-A, Section 11 M.G.L, the North follows: L Works Garage at 384 0 om Johnson Street on property the High School entrance P perty referred to as Planning Board will hold a Public Hearinger sgood Street, near Boston Hill.The application,ma be ins Purpose of Public Hearing:Application for Spe at the North Andover Planningy Board p(fied follows aal Permit under Section 7.�2 and 10.3 of the Information Available A co yy pp during the hours of 8:30 420 Monday through. Purpose of Public Hearing Application for Spe t frontallorth Andover Zoning Bylaw to obtain a street amendment is on file in the Planrnng Board of Friday frontage exception lot located at Lot 2, Milk fice at 27 Charles Sheet, North Andover MA, cial Permit under•Section 4.136 of the North Street - Andover Zoning Bylaw to remove and replace a -. and may be inspected Monday throu h Friday on the application should_appear at the time y gg ny person interested or wishing--to be heard garage and add a farmer's porch to an existing Address of Premises Affected:Lot 2 Milk Street 8:30 a.m.to 4:30 p.m.Phone:688-9535 el mg located in the Watershed.Protection and place designated. Assessor M Any person interested or wishing to be heard District R3 p Lot•Map 96 Lot 31,zone :ort the proposed plan should appear at the time ��- °' _ Alison Lescarbeau Chairman Address of PremisesAffeded 35TD1afSxf4`s. and place designated above. `{ F North Andover Planning,Board traet'. Description of Premises-The area of thepro- Posedr .s �y'w� x xAM i* r i''rrr i4t ti I I.. t Alison M Lescerbeau Chairman N Ar�dove 12,4/19/00� � r p art"d L otGMap 64i t 4f2d�Y R lot has three times the minmum area at. and amirnmum of 50'frontage. North ning Board Descnption�of;Premro `gyp �'' i 27 CHARLES_ S7'' located on the Southey side of Dae Street>�e Public-Hean Date and Time.Tuesday, Ma N.Andove8 4/12,4/.1 00 , ;. i`' tween Coventry Lane and.Bear Hill Road. 2,2000 at 9.0 p m; r LEGAL NOTICE ; PUBLIC HEARING NOTICE + Public Hearin Date and Time:Tuesday May NAPE 5/2 HEARING 'NORTH ANDOVER PLANNING BOARD:, 2,2000 at 8:00 Applicant:Tom&Pam Burkardt p.m. LEGAL NOTICE. I _accordance with the provisions of M.G.L.. Applicant;FrederickMcCarthy, Location rt hon of Public Heanng:384 Osgood St et, Bemngton Place-Dale Street C apter 40A, Section 5, the North Andover North.And Ma, near the High School En 'srw, r +� trance PUBLIC HEARING NOTICE P s: Board will hold a public hearing as for- Location of Public Heanng':384 Osgood.Street, NORTH ANDOVER PLANNING BOARD I.,s: North Andover, Ma near the High School En---' Information Available co yof the plan and trance. application is on file in thel lanning Board of- 81T and 81-U, M.G.L.,t e via nnn 0f oard will Purpose of Public Hearing:Td-amend Section ,n 1 fice at 27 Charles Street, North Andover, MA, hold a public hear ng on,Tuesday evening,May 71.2 of the North Andover Zoning Bylaw so a§ Information available.A co y p and may be ins ected Monday through Friday 2,2000 at 7:30 m.in the Department of pub_ fare Residential the minimum width of a lot in the ViI- application is on file in.thePPlannin e Ian and 9 Y rage Residential Zone from a distance currently fice at 27 Charles Street, North Andover, MA, 8:30 a.m.to 4:3 p.m. lic Works Conperence Room, 384 Osgood 9 Board of f 80 required BY CITIZEN S PdiETRjpN Proposed of and may beins0ected Monday through Friday" Any person interested or wishing to be heard ment Street, an Streets,puitel2F N ' 6:30 a:m.to 4:3 p.m_ on the proposed plan should appear at the time North Andover, MA 01845 for approval of a Public Heanng Date&TimeTuesday, y and place designated above, modification to a definitive subdivision plan enti 2000@ 8 45 p.m May 2; Any person interested or wishing to be heazds Alison M.Lescarbeau,Chairman side of Daltied e Street draon Place lwnated on the byy Erik Heylandand 9 North Andover Pub on the proposed plan should appear at the timer northerly Location of Public Hearn and place designated above. North Andover Planning Board dated March 21, 2000. The modification is to 11C Works Garage at 384.Osgood Street, near decrease the number of lots from eight to four. the High School Entrance Alison M.Lescarbeau' 4d#215532 4/12&4/19 North Andover Citizen A copy of the plan and application is on file in Infortnatfon`Available:A cop of the proposed Chairman' P North Andover Planning Board. VAPB HEARING the lanning Board Office and may be inspect- amendment and'I Office is on f le in the Planning AD#215581 LEGAL NOTICE ed Monday through Friday, 8:30 a.m. to 420 .Board office.at 27 Charles Streeet,North Ando- N.Andover 4/12,4/19/00 PUBLIC HEARING NOTICE p.m. thrveroughAFnday 8 30 a.me to inspected:3 Monday NORTH ANDOVER PLANNING BOARD Any person interested or wishing to be heard 688-9535 p.m. Phone 814 OSGOOD ST r accordance with the provisions of M.G.!_ and the designaten should appear at the time LEGAL NOTICE ;hapter 40A, Section 5, the North Andover Any Person interested or wishing to be heard NORTH ANDOVER PIC LANNING BOARD 'lanning Board will hold a public hearing as fol- Alison M.Lescarbeau,Chairman on the proposed plan should appear at the time >ws; and place designated above. In accordance with the provisions,of Chapter': North Andover Planning Board Alison M.Lescarbeau,Chairman Panning Boardlwillvlhold atPubNc Hearing as- urpose of Public Hearing:To amend the zon- AD#215441 ig map by rezoningg the following parcel of land N.Andover 4/12,4/19/00 North Andover Planning Board follows: Dm Industrial'2(12)to Business 1 (B1).Said AD#215582 a nd is a portion of a parcel of land shown on NAPB 9:45 PM 5/2 HEARING N.Andover 4/12,4/19/00 Purpose of Public Hearing:Application for Spe-! atessors Map 35, Parcel 9, and is appPProxi- LEGAL NOTICE cial Permit under Section 4.136 of the North- ately 3.1 acres with approximately 530' of PUBLIC HEARING NOTICE 357 DALE ST Andover Zoning Bylaw to construct a two-story, �ntage;as shown on a plan of land.entitled NORTH ANDOVER PLANNING BOARD LEGAL NOTICE addition and screened r0posed Re-Zoning Plan" drawn byy - porch to an existing. archionda&Associates L.P.dated 3/23/2000 In accordance with the provisions of M.G.I: PUBLIC HEARING NOTICE dwelling located Watershed.Protection District, w IY CITIZEN'S PETITION NORTH ANDOVER PLANNING BOARD Address of Premises Affected: 814 Osgood Chapter.40A, Section 5, the North Andover. Street Planning Board will hold a public hearing as fol- In accordance with the provisions of Chapter iblic Hearing Date&Time:Tuesday, May 2, lows: 40-A, Section 11 M.G.L., the North Andover Assessor Map and Lot:Map 91,Lot 4 ' 00 @ 8:30 p.m. ' ` `-: Planning Board will hold a Public Hearing as ' cation of Public Hearing:North Andover Pub- Purpose Map oftheir Town not TNortheAndoveroia follows: Description of Premises:The proposed site is side of Works Garage tr 384 Osgood Street, near amend the Zoning desi nation of the two ar-. Pu Purpose of Public Hearn Application for S e- betlocween Chaded on the wick Street and Colgate Osgood Street:. High School Entrance g P °ialPPermit under Section 4p136 of the North cels located between Route 114 a to nd Berry Andover Zoning Bylaw to rem ove and replace a Public Hearin Date and Time: Tuesday, Maya endmen Available:A copy of the proposed Hess 4 from.Said eet from Village Residentianclude aportion gg endment and plan is on file in the Planning of parcel 63 and t e entire parcel 17 as shown garage and add a farmer's porch to an existing 2,2000 at 7:45 p.m.3rd office at 27 Charles Street, North Ando- Orr the Assessors Map 106D. dwelling located in the Watershed Protection MA, and may be insppected'Monday District. Applicant:Caren Jacobson&Blair Roberts iugh Friday 8:30 a.m. to 4:30 p.m. Phone Address of Premises Affected:357 Dale Street Location of Public Hearing:384 Osgood Street,' -9535 Public Hearing Date &Time Tuesday, May 2, 2000 @ 9:45 pm Assessor Map and Lot:Map 64,Lot 24 North Andover, Ma, near the High School En- person interested or wishing to be heard trance he proposed plan should appear at the time Location of Public Hearing North Andover Pub- Description of Premises: The proposed site is Information Available:A cop yy of the Ian and'* place designated above. lic Works Garage at 384 Osgood Street, near located on the Southerly side of Dale Street be- application is on file in the Plannin the High School entrance tween Coventry Lane and Bear Hill Road. ficpe at 27 Charles Street, North Andover,er, MA,'. Alison M.Lescarbeau,Chairman Information Available A coy p Public Hearingg Date and Time: Tuesday, May 8and:30 a.m.to 4 3 be 0 inspected Monday through Friday North Andover Planning Board amendment is on file in the Plan ing Boa dsof 2,2000 at 8:00 p.m. 215474 fice at 27 Charles Street, North Andover, MA, Any person interested or wishing to be heard h Andover Citizen 4/12,4/19 and may be in ected Mondayy througgh Friday Applicant:Frederick McCarthy 8nd am.to in3 e to Phone:6,throu 5 on the proposed plan should appear at the time. Location of Public Hearing:384 Osgood Street, and place designated above. B 10:00PM 5/2 HEARING Any person interested or wishing to be heard North Andover, Ma, near the High School En- LEGAL NOTICE on the proposed plan should appear at the time trance Alison M.Lescarbeau,Chairman PUBLIC HEARING NOTICE and place designated above. North Andover Planning Board ORTH ANDOVER PLANNING BOARD Information Available: A coov of the plan and Alison M.Lescarbeau,Chairman application is on file in the Planning Board of- AD#215443 :cordance with the provisions of M.G.L. fice at 27 Charles Street, North Andover, MA, N.Andover 4/12,4/19/00 ter 40A, Section 5, the North Andover North Andover Planning Board and may be inspected Monday througfr Friday ling Board will hold a public hearing as fol- AD#215586 6:30 a.m.to 4:30 p.m. N.Andover 4/12,4/19/0o se of Public Hearing:To amend Section 231 BUTTON ST Any person interested or wishing to be heard on the proposed plan should appear at the time e) of the Town of North Andover Zoningg LEGAL NOTICE and place designated above. by adding the following sentence: "If PUBLIC HEARING NOTICE r TO place your leeal r ce edicated as Usable Ooen Space in corn- NORTH ANDOVER PLANNING BOARD with Section 8.5.(6)F of this Bylaw has Alison M.Lescarbeau ;t ten buildable acres,then the foregoing Chairman �' ' ' ell at ament in this section that su lus land 40 A. Sections with provisions of Chanter North Andover Planning Board 1�f io., ,,._ rP -- TOWN OF NORTH ANDOVER LIST OF PARTIES OF INTEREST: PAGE___,_) OF_P SUBJECT PROPERTY MAP PAR # NAME ADDRESS - 13 ► (a S s o S w � ,aB ABUTTERS: G/o Ge_O- f rey SmiIA S o St /ila. M ® 8`IS i 2' 3 'aI ert Rev6c Tr!AS± IS oruS �, a iC. 4, Sm i 31 3 C e 5 3 A2 41 3 -� I 7 I o ,v ' ni T ! P.O. ao 4 Sf er oi8 ! IC 0 5 3 B I s eApu4,p_taofvJ I. wJ 0!8 S 6 i 3 jka R D No I i � �M D S R NG er M Dl s' - cl. C Q 'Go t /0 S S 9 a W S ®, 10' ! a T� s I►oopNa D, w ru h 4 S'a I l JV /U wj over p i 12! we v ' ! 3 P- le l 13 (� I ,G a w. 4 v .r b a,r a Djoql $ a . 0 v2/' D/ y 14 641 3b G ee 018ys 1 I ! 151 LBt oo e_ y Sf Ne. 16! $ SLc C . MOT. Lex �-- u-o or l e 17! w i er rvarj O e 18 i s ( e t' F S e l 8 J No, do er 018 THIS CERTIFIES N Y THAT ON THIS LIST OF NAMES & ADDRESSES OF PARTIES OF INTEREST WAS E AR HE A�.LICANT FROM THE RECORDS OF THE ASSESSORS OFFICE. ASSESSORS OF I E TOWN OF NORTH ANDOVER LIST OF PARTIES OF INTEREST: PAGEo_ OF i SUBJECT PROPERTY MAP I PAR # NAME 3 -8 1 a s a®oREss ABUTTERS: o G <� eo¢¢V`.ey Srvc i� aa 5=2 col0 1 La z Na (3 I Law euce 4- ,E(11ie f e I �- I � 1i (of� ( l� ISaw-r- S h ,'e I ago ! I A) p S O Q 6y S aelle t� rK 6 I S e. C. e � I 1011ze sf MA 6 � I Q 0 0 e2 13 S NcQovP �f S 0d&daue �l rer t � aj No 4 0 L vi Sc,<71 M o!8 Jr- j -r i O G �ts �c iLd C �es T. a-80 p �fudoufP Al fie! I �7 Cec i a6 ! N® . Q S Ill 2E15 Shw !YV26�,�Er f I 3o M o N( of Igo U '2 0 0.S e lc� ! I vu2� M 0 ff I due G S G- a�q J1 3 _ ; /� �. 7-1 ►vs w vet aCr pa, c No. wd m d 13 /3� C HIS CERTIFIES ONLY THAT ON oveu� vTEREST THIS LIST OF NAMES &ADDRSSESE OF PARTIES OF PREPARED BY Ppo�ANT FROM THE RECORDS OF THE ASSESSORS OFFICE. SSESSOR FFICE TOWN OF NORTH ANDOVER LIST OF PARTIES OF INTEREST: PAGE OF SUBJECT PROPERTY MAP I PAR # NAME ADDRESS IOU ABUTTERS: �eofr�ey Sm,'�47 d o v e�r o p ^' S Tr, A ' o s /b C ti d e� M14 j l8 � I I s 19 y ( cor ' I G r er Qc� o. ove�M I 1 1®I 3713 I TO I i 37-6 ! o ! ( o,u Mai / I et' /t't d S ge I 1 �9 Elzs I �L' �L , kjode� /� D 11 3'7- i' 3 e F. �� Co r S f' -a.. N eve D/ r ! I I I " a r2. ElzfA2 L. le - Q �- ( i Q46rc� S 1ve ' I e, l-eS u Q 0 s j I 510 /-e /-o S Goo. ti vP� lLf�} O/Bf�S i I j Owt4ch--�gLe4mopM. Wo 4 efov 5f. o. e m 45�9 - 6 i 3 2- 1 qM�s le 1 i /e7 �I - w w (+ C.lyc Kl Call s e ,) 57` I I ; r i � i /�' i � N . C �8 pa(� o. e;r ✓�l4 Oi ys` ! Swar qG ! Ccc r i a C�Q P Ne. S7YLQQc I e I Ml4 oi8% lobe AI S A) /Uo. ucQa(hV Q/�y.5 I j HIS CER S ONLY THAT ON THIS LIST OF NAMES & ADDRESSES OF PARTIES OF �ITERES WA PREPAR�Y THE ICANT FROM THE RECORDS OF THE ASSESSORS OFFICE. n FICE 'SSESSOR OF TOWN OF NORTH ANDOVER LIST OF PARTIES OF INTEREST: PAGE OF SUBJECT PROPERTY MAP PAR # NAME -6 I .� 6 5M' S A®DRESS ABUTTERS: 3`7 ' ce- e I 3 I i I i I � j I i I i I i I i i I I I I I I . I I i I I I i i I I n ; I I I I S CE IES N Y THAT ON S �Op THIS LIST OF NAVIES & ADDRESSES OF PARTIES =RE T AS PREP R BY THE ePPPLICANT FROM THE RECORDS OF THE ASSESSORS OFFICE. OF 3ESSQ S OFFICE NorthTown of ®NTH OFFICE OF T' C .. m 30 School Street ' Forth Andover,Massachusetts 01845 s�cwus`�4�y WILLIAM J. SCOTT Director PUBLIC HEARING NOTICE NORTH ANDOVER PLANNING BOARD In accordance with the provisions of Chapter 41, Section 8 1 T and 81-U, M.G.L., the Planning Board will hold a public hearing on February 17, 1998 at 7:30 p.m. in the Department of Public Works Conference Room 384 Osgood Street on the application of MPG Realty Corp. for approval of a definitive subdivision plan of land known as Berrington Estates located on the Northerly site of Dale.Street in North Andover by Allen&Major Associates, Inc.. dated January 16, 1998, being bounded as follows: On the East by Morley. On the West by O'Connell. On the North by Town of North Andover, Town Farm. The property is located in the Residential - 1 (R- 1) Zoning District and shows seven proposed lots. A copy of the plan and application is on file in the Planning Board Office and may be inspected Monday thru Friday. Any person interested, or wishing to be heard on the proposed plan, should appear at the time and place designated. Richard S. Rowen, Chairman North Andover Planning Board Publish: North Andover Citizen January 28, and February 4, 1998 Bill: MPG Realty Corp. 11 Old Boston Road Tewksbury, MA 01876 Tel: 978-851-9395 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 PUBLIC HEARING LEGAL NOTICE PUBLIC HEARING NOTICE NORTH ANDOVER PLANNING BOARD In accordance with the _Iwisions of Chapter 41 Section 81T and ai-u, M.G.L.; the Planning Board will hold a public hearing on February 17, 1998 at 7:30 p.m, in the Department of I k'Waft ROW, O ood on ths,application �L§tL0Pl3WYW Of defiriWe suubdivlslon pl�o�f Iland:known as Barrington Estates located o - ! gt Ntlslitedy site of Data Street in North An ,y i1W ° by A{Ian & Major Associates, Inc. ds dsivary 16, 1998, beln bounded as folla»w.-, {irf` ",_East'by"Moei*In the blast by uetm nail. On the North by;Town of (North Andover, Town Farm, The property is located in the Resi- dential -1 (R•1) Zoning;District and shows sev- en',proposed lots. A copy of the plan and application is on file in the Planning ili Board Office and may be Inspect- ad Monday thru Friday. Any person Interested,;or wishing to be heard on the proposed plan, should appear at the time and place designated; Richard S.Rowan,Chairman 1 North f ndover Planning Board I)AD#442224 No.Andover Citizen 1l2804l98 Mesiti Lev Group Fax0978-5578160 Jul 27 2000 16:15 P.Cif Ii J, ®F SITI LP NTH ATION 231 SUTTON SZE E M W. , F N 0 LE e V"g-68 -5 fl0 FAX: 97$-557®$160 NUNMER F PAGES IN TMS FAX: I Date: July 27, 200 Fax to: JacIde North Andover Planning oard Fax No. 7$-6$ ® 52 From: Ken Grandstaff Copy: Ken Ahern BERRINGTON PLACE Pursuant to North Andover Planning Board Chairman, Allison, please use this fax as authorization to reschedule the August 1 hearing date regarding Berrington Place from August 1 to August 15. Ken Girandstaff President, mESM DEVELOPNIENT is Town o North Andover t%ORTH d �q.EO '6 + Office of the Planning epart ent 02 � Community Development and Services Division 27 Charles Street °Rate° °py4g North Andover,Massachusetts 01845 9IT ACHus�� Heidi Griffin Telephone (978)688-9535 Planning Director Fax (978) 688-9542 '' CD o r'>of- C3 CDr, Special Permit Extension a CD C'- s� At a regularly scheduled meeting of the Planning Board, duly posted, and held on /1/jo Ly , the North Andover Planning Board voted unanimously to grant the extension of Shy pecial Permit issued to �,/ Male 3 rc��� ",��3wjellyrdfor �44 / !l , A�lx-c.j dated, This extension is granted pursuant to Massachusetts General Law, Chapter 40A, Section 9, and will extend the above referenced Special Permit for a period of year. , This permit is now due to expire on `.� /Y 2y.:12 Signed as a sealed instrument this day of ,Ui,? , 200f North Andover Planning Board 'v e arming boardj6hairInan Commonwealth of Massachusetts Essex, ss Then personally appeared Chairman of the North Andover Planning Board, and acknowledged the foregoing instrument to be the free act and deed of the North Andover Planning Board before me. Not -Pubc My Commission Expires: JACKi BYERI_E-` Notary Public My Commission Expires .lulu 5, 2007 BJ, RD OF A-PPEAS.3 688-9>41 BI'IL,DINCi bo -9 45 CCiNSE V TeO:EIS 95 0 HE\iT4I 688 i10 PLANN_TNG 6R 73 Town of forth Andover �� ORTH Office of the Planning ent _. n4 Community Development and Services Division 27 Charles Street °RAYep`PPP`<(5 North Andover,Massachusetts 01845 �Sspca+us�� Heidi Griffin Telephone (978)688-9535 Fax (9N 688-954ry Planning Director June 20, 2001 Mr. Kenneth Grandstaff Mesiti Development Group 100 Andover Bypass, Suite 300 North Andover, MA 01845 Re: Berrington Estates Place-Definitive Subdivision Extension Dear Mr. Grandstalf, Please be advised that at the Planning Board's regularly scheduled meeting of June 19, 2001 the North Andover Planning Board voted to grant an extension of time to construct the definitive subdivision, Berrington Estates, until July 14, 2002. If you have any questions, please do not hesitate to contact me. Sincerely, id Hei riffin Town Planner cc: Joyce Bradshaw, Town Clerk BOARD OIL APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALT11688-9540 PLANNING 688-9535 Town of Northover Building Department � h£� Leo =,�o 27 Charles Street a North Andover, Massachusetts 01845 _ (978) 688-9545 Fax (978) 688-9542 ?o o" Aoo ac�+use��y APPLICATION FOR CERTIFICATE OF OCCUPANCY/ INSPECTION ff ADDRESS 3 q "An ne-- ozc t e LOT NUMBER SUBDIVISION PC { t?A P(ACC DATE REQUEST FILED 2/1 DATE READY FOR INSPECTION dl FIVE (5) DAYS NOTICE PRIOR TO CLOSING DATE IS REQUIRED ALL WORK AND SIGN-OFF'S MUST BE COMPLETED WITHIN THIS TIME FRAME. A RE-INSPECTION FEE OF TWENTY-FIVE ($25) DOLLARS WILL BE CHARGED IF TIIE STRUCTURE DOES NOT MEET ALL APPLICABLE CODES. SIGNATURE OFFICIAL USE ONLY ROUTING r, a CONSERVATION �y' ��{ ,r � ;t /l�'��'%l.' ` DATE PLANNING DATE D.P.W. — W METER DATE D.P.W. MUST INDICATE THAT THE WATER METER HAS BEEN INSTALLED PRIOR TO THE INSPECTION REQUEST DATE. SIGNATURE /DPW AUTHORIZATION Ff FEB 2003 applications as appropriate and in conformance with this decision. c) An as-built plan must be submitted to the Division of Public Works for review and approval prior to acceptance of the sewer appurtenances for use. d) If a sidewalk is to be constructed in front of the lot, then such sidewalk must be graded and staked at a minimum. e) The applicant must submit a certified copy of the recorded FORM J referred to in Condition 4(c) above. f) A plot plan for the lot in question must be submitted, which includes all of the following: i) location of the structure, ii) location of the driveways, iii) location of the septic systems if applicable, iv) location of all water and sewer lines, v) location of wetlands and any site improvements required under a NACC order of condition, vi) any grading called for on the lot, vii) all required zoning setbacks, viii)Location of any drainage, utility and other easements. g) All appropriate erosion control measures for the lot shall be in place. The Planning Board or Staff shall make final determination of appropriate measures. h) Lot numbers, visible from the roadways must be posted on all lots. 6) Prior to a Certificate of Occupancy being requested for an individual lot, the following shall be required: a) Sprinkler systems must be installed in all homes per NAFD requirements. b) The roadway must be constructed to at least binder coat of pavement to properly access the lot L/ in question. Prior to construction of the binder coat, the applicant shall ensure that all required inspection and testing of water, sewer, and drainage facilities has been completed. The applicant must submit to the Town Planner an interim as-built, certified�y a professional engineer, verifying that all utilities have been installed in accordance with the plans and profile sheet. c) All necessary permits and approvals for the lot in question shall be obtained from the North Andover Board of Health and Conservation Commission\.� 4 d) Permanent house numbers must be posted on dwellings and be visible from the road e) There shall be no driveways placed where stone bound monuments and/or catch basins are tcL-- be set. It shall be the developer's responsibility to assure the proper placement of the driveways regardless of whether individual lots are sold. The Planning Board requires any driveway to be moved at the owner's expense if such driveway is at a catch basin or stone bound position. 7) Prior to the final release of security retained for the site by the Town, the following shall be completed by the applicant: a) An as-built plan and profile of the site shall be submitted to the DPW and Planning Department for review and approval. b) The applicant shall petition Town Meeting for public acceptance of the street. Prior to submitting a warrant for such petition the applicant shall review the subdivision and all remaining work with the Town Planner and Department of Public Works. The Planning Board shall hold a portion of the subdivision bond for continued maintenance and operations until such time as Town Meeting has accepted(or rejected in favor of private ownership) the roadways. It shall be the developer's responsibility to insure that all proper easements have been recorded at the Registry of Deeds. 8) The Applicant shall ensure that all Planning, Conservation Commission,Board of Health and Division of Public Works requirements are satisfied and that construction was in strict compliance with all approved plans and conditions. 9) The Town Planner will review any signs utilized for this project. The applicant must obtain a sign permit as required by Section 6 of the Bylaw. The Planning Board shall approve any entrance structures. The applicant must remove any lighting used for the entrance signs prior to acceptance of the subdivision. 10) The applicant shall adhere to the following requirements of the Fire Department: a) Open burning is allowed by permit only after consultation with the Fire Department. b) Underground fuel storage will be allowed in conformance with the Town Bylaws and State Statute and only with the review and approval of the Fire Department and Conservation Commission. 11) There shall be no burying or dumping of construction material on site. 12) The location of any stump dumps on site must be pre-approved by the Planning Board. 13) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 5 14) Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the respective utility companies. 15)Any action by a Town Board, Commission, or Department which requires changes in the roadway alignment, placement of any easements or utilities, drainage facilities, grading or no cut lines, may be subject to modification by the Planning Board. 16) The following waivers from the Rules and Regulations Governing the Subdivision of Land,North Andover, Massachusetts, revised February, 1989 have been granted by the Planning Board: a) Section 7(A)(4) Dead-End Streets: The Planning Board herein grants a waiver of approximately 100' for the street length. The applicant has demonstrated that the street length will have no adverse impact on the Watershed Protection District. b) Section 7(D)(2) Sidewalks: The sidewalks will abut the curb per requirement of DPW. c) Section 7(E)(1) Street Trees: The street trees will be placed outside of the ROW per requirement of DPW. d) These waivers have been granted in an effort to minimize the amount of cutting and filling required on site thereby decreasing the amount of erosion and siltation on site. e) The utilities must be installed and the streets or ways constructed to binder coat by 0 C-),-, \ 22 � ZC'Y� j (two years from the date permit granted). If the utilities are not installed, the streets or ways are not constructed to binder coat and the Planning Board has not granted an extension by the above referenced date,this definitive subdivision approval will be deemed to have lapsed. 17) This Definitive Subdivision Plan approval is based upon the following information which is incorporated into this decision by reference: a) Plans entitled: "Definitive Plan of Land —Berington Place", ten sheets dated January 16, 1998 last revised 3/3/98. Prepared by Allen&Major, Woburn, MA b) Reports entitled: i) "Statement of Environmental and Community Impact", dated January 15, 1998. ii) "Water Quality and Best Management Practices (BMP) Evaluation", Berrington Place, Dale Street, North Andover, Massachusetts, dated July 14, 6 tkORTH R Town ofdover N. .91P O'Q `C OCNIC NE WI® over' ss®'... q �V CK DRATED BOARD OF HEALTH PERMIT T Food/Kitchen Septic System THIS CERTIFIES THAT., ..... ..... 51h O v+C�" e �� BUILDING INSPECTOR ................. o ®_ .................... .................... � 't �a � // Foundation 0 7" L/ I N o r rE. /►�...... has permission to erect........... ......................... buildings on 7 �-- Rough J r J t......................... .......................... g U �1�to a occu ie as / ...t.. /"d Il U r / °` / S / C ch mn y p �.................... ..... ........ .... .. . .................. .. ........................................ provided that the person accepting this permit shall in every respect conform to the terms of the application on file in Final this office, and to the provisions of the Codes and By- ws relating o the Inspection, Alteration and Construction of Buildings in the Town of North Andover. ® ® PLUMBING INSPECT RR VIOLATION of the Zoning or Building Regulations Voids this Permit. ou 1,2— PERMIT EXPIRES IN 6 MONTHS LESS CONSTRUCTION ST T ELECTRICAL IN T �� .. ...... . ................................................. 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