HomeMy WebLinkAboutStreet Acceptance Meadowood I, II, & II BK378I
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MASTER DECLARATION op MEADOWOOD
IN NORTH ANDOVER, MASSACHUSETTS
RESERVATIONS AND RESTRICTIONS
i
This Master Declaration of Headowood made this�y fty of
July$ 1993 by Thomas D. Laudani, trustee of Meadows Realty Trust,
u/d/t dated July 30, 1992, recorded with the Essex North Registry
of Deeds at Book 3639, Page 18 (hereinafter referred to as '
Declarant), being the record owner of certain land located in }
North Andover, Essex County, Massachusetts, hereinafter more
particularly described in Article I below.
WHEREAS, Declarant intends to create a residential
community on said land, together with other amenities therein,
including without limitation, public and/or private ways for
circulation, access to residences and utility services] and
WHEREAS, in furtherance thereof it is desired to establish
common and mutual covenants, conditions, reservations and
restrictions;
NOW THEREFORE, Declarant hereby declares, provides and
covenants as follows:
ARTICLE a
SUBJECT PROPERTY
A certain parcel of land located in North Andover, Essex
County, Massachusets and shown on a plan entitled "special Permit
and Definitive Plan of Meadowood, North Andover, Mass", dated
September 15, 1992, by Merrimack Engineering Services, Inc.1�66
Park Street, Andover, MA 0181o, which plan has been filed• with
Essex North Registry of Deeds as Plan No. 12178 comprising Of
encompassing Meadowood Road, Lots 1 through 16, inclusive,
Lot IS, Lot 20, Lot 23, Lot 24 and Lot C all shown on said Pla,n,
together with other parcels of land shown as Lot 19A, Lot 21A, ;;
Lot 22A and Lot 25A on a plan entitled "Plan of Land in North .
Andover, MA., Drawn for Meadows Realty Trust, P.O. Box 6700,
Suite 209, North Andover, Mass." dated May 4, 1993, by Merrimack
Engineering Services, Inc,, 66 Park Street, Andover, MA 018}0,
filed with the Essex North Registry of Deeds as Plan No. 12230,
together with another parcel of land shown as Lot #17A on a plan
entitled "Plan of Land in North Andover, MA., Drawn for Meadows
Realty Trust, P.O. Box 6700, Suits 209, North Andover, Mass."
dated January 7, 1593, by Merrimack Engineering Services, inc.,
66 Park Street, Andover, MA 01810, filed with the Essex North
Registry of Deeds as Plan No. 12182 (collectively the "Plans") , f;`-
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LAND C IrICATIONS
PROPERTY USE w4 RESTRICTIONS
section 2.01 Land Class if
The land within Meadowood is hereby divided into the
following use classifications•
A. Resident Areas. Referrring to each of the lots number
ed
1 through U6 c ui va, dot 17A, Lot ls, Lot 19A, Lot 20, lot .
21A, Lot 22A, Lot 23, Lot 24, Let 23A and Lot c all as shown on
the Plans.
b. 9omman Areas. Referring to the easemants now
designated of record, or to be- harainafter designated by
Declarant in its solo discretion as being reasonably necessary,
being situated within the subject property described. in Article I
above and the appurtenant rights and easements to each lot owner,
during each lot owners period of ownership to use all roadways
and the area designated as ,the "Tot Lot", all .as shown.on the
Plans (the "Tot Lot', is shown on page 3 of Plan No. 12178),
together with others lawfully entitled thereto.. Declarant
expressly.rasarvas the right,to dedicate or convey to the Town of
North Andover the way shown as Koadowood Road on the Plans as a
Public way and/or the area shown on Plan No. 12178 as the "Tot
Lot" at such time as the town is willing, to accept such.
dedication or conveyance, including the right to,convoy to the
town" the fee interest of the land in said way and/or said "Tot
Section 2.02. Residence ltrsast Permitted Uses and Restrictions
Each Residents Lot shall for the exclusive use and
benefit of the owner or owners thereof, subject, however, to all
Of the following limitations MA restrictions:
A. Residential. Use. No building or other structures of
any !rind s a bs effected, placed or allowed to stand on a
Resident Lot 'except a single family residential dwelling house
permitted under applicable law, together with accessory buildings
and structures normally appurtenant to such a dwelling situated 'in North Andover. All garages, if any, shall,be constructed as
an integral part.of the dwelling house, No garage shall be used
for the storage of commercial vehicles or construction squigxent.
No business activities of any nature shall be continuously ing or
regularly conducted upon,any'Residence Lot, and no advert is signs shall be displayed then ,; cat that a law
physician, architect, dentist, Veal estate broker, insurance
agent, artist, or writer residing in a dwelling house thereon may
maintain an office for.his/her professional ease subject to the
Provisions of the North Andover XOning ey®law, and may ley not
more than one person and ney display a mall profassional
nMMPl&tG an the Residence Lot. Nothing heroin shall be does"to prevent the laaring of aPAOIAODOO Let from Use to time by
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the owner thereof subject to the provisions of this Declaration.
Nothing contained in this Master Declaration shall be deemed to
prevent the Declarant from (i) maintaining a model home, busines
office and/or construction field office on any of the Residence
Lotsi (ii) conducting business activities upon any Residence Lotp
with such number of employees as Declarant shall desires (iii)
maintaining or storing of commercial vehicles or construction
equipments or (iv) displaying such advertising signs as the
Declarant may desire.
B. Animals. No pets, animals or birds shall be kept or
maintained on any Residence Lot, being of such type or in such
number as to be noisy or offensive, and no pets, animals or birds
shall be allowed to pass onto or enter land within Meadowood
other than the Residence Lot of the owner thereof, unless such
pet, animal or bird is suitable leashed, caged or otherwise
physically controlled and/or restrained, provided, however,
notwithstanding the foregoing, no poultry house or yard, rabbit
hutch, dog, cat or other type of kennel, shall be erected or
maintained on any Residence Lot nor, shall pigs or other barnyar4
animals be stabled or maintained thereon.
C. Improvements and Alterations. No buildings, fences or
structures of any kind, or add3tioais thereto, or driveways shall
be erected, placed or allowed to stand upon any Residence Lot
until the size, plans, specifications and locations thereof shall
have been approved in writing by Declarant, or an architect so
designated to perform such profess::onal service by Declarant.
Declarant shall have the sole and exclusive right to refuse to
approve any plan, design specifications or building materials
which Declarant deems not suitable or desirable for the overall
development of Meadowood. No loan, sand, gravel, or other soil
material, except that resulting from customary landscaping and
construction permitted and approved hereunder, shall be removed
from any Residence Lot. The erection of any approved structure
on a Residence Lot, one begun, shall be carried forward to
completion with reasonable diligence, specifically including the
landscaping thereof.
D. Tenrorary occupancy. No trailer, mobile home, camper,
temporary build ng or structure of any kind, shall be used for a
residence, either temporarily or permanently.
E. Trailers and Tents. No trailer, mobile home,
commercial veh cle, construction equipment, camper, permanent
tent or similar structure, shall be: kept, placed or maintained
upon any Residence Lot or on any vehicular access areas in such a
manner as to be visible from neighboring property; provided
however, that the provisions of this paragraph shall not apply to
temporary construction shelters or facilities maintained during
and used exclusively in connection with the construction of any
improvement approved by Declarant, or its designee.
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F. Nuisances. 'Ho"riabbi?fi, debris, dead trees or heavy
brush.of an'y'kind shall be placed or permitted to accumulate upon
any Residence Lot which will or may .render the same, or any
portion thereof, unsanitary, unsightly, offensive or detrimental.
to any other Residence Lot, and no activity shall be conducted or
i maintained which is or may be offensive.or detrimental to any
�. other Residence .Lot in the vicinity thereof, .or to its occupants.
G. Repair of Buildin s. No buildings or structure upon
any Residenca Lot aha 1 e permitted to fall into disrepair, and
{ ' such building and structure shall at all times be kept in good
condition and repair and adequately painted or otherwise
finished.
H. Trash Containers and Collectors. Trash, rubbish and
garbage .shall be kept in covered container which shall be
properly screened and/or enclosed so as not to b visible from
neighboring properties or roadways, except for such necessary
periods when such containers are made available for, collection.
1. Communication Faoil ties. Outside television and/or
:. radio antennas or aerials ari .gate lite dishes and other similar
outside communication facilities are prohibited,
J. Clothes Drying Facilities. No outside clothes lines or "
other outside facilities-foe syy j or airing clothes which are
visible from neighboring property shall be erected or maintained
on any.Residence Lot.
K. No Above-croon swimmin Pool. No above-ground
swimming pools a e iracte or ma ntained on any Residence
L. Restrictions on Further Subdivision. No Residence S,ot
shall be further sub v .
f'. M. Suns. No signs shall be erected or maintained on any
EResidence Lot, except: '
• ' ; (a) such signs as may be required by lavy
(2) A residential identification sign having a total
: face area not larger than seventy-two (71) square
inches.y
(3) During the time of construction ofany.building or .
other improvement, one job identification sign riot
larger in area than three (3) square faatt
r-� (4) A "For Sale" or "For Rent" sign, of reasonable.
type, size and appearance, but only if attached to
the building (and not fres .standing or attached to
any pol® or t ).
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9 N. Bwin sets. No swingset may be installed or maintained
on any ResIdence Lot unless it is a wood structure and has been
approved in writing by Declarant or his successor as provided
herein.
O. No Cut Zone. No trees in the area designated on the
Plan No. 12176 as "Exist. 250 Wide Wstland Setback (No Cut Zone)"
shall be cut or otherwise destroyed, except for the cutting or
pruning in the course of normal maintenance or to implement
disease prevention measures, without the express permission of
the North Andover Planning Board.
Section 2.03 Common Areael Permitted Uses and Restrictions.
The Common Area shall be subject to the following
limitations and restrictions:
A.. TOT LOT. There shall be no use of the Tot Lot which
injures or scars the area, the equipment or plantings, if any,
thereon, increases the maintenance thereof, or causes
embarrassment, nuisance, disturbance or annoyance to others.
There shall be no littering in or about the Tot Lot, all trash is
to be disposed only in appropriate trash containers. The use of
the Tot Lot shall be at the sole risk of the user(s) and in no
event shall the Declarant be liable for any injury to person or
property in connection with the Tot Lot. The use of the Tot Lot
by minors shall only be under the supervision of a parent or
legal guardian. The Tot Lot shall be restricted to certain
posted hours of use and subject to such rules and regulations as
may be imposed by the Declarant, the Association, as hereinafter
described, if and when created, or the Town of North Andover, if
and when dedicated or conveyed to the Town.
Section 2.04- Residence Areas: Construction of Improvements and
Alterations.
A. Application for A rRes
oyal of improvements and
Alterations. Any owner of a Bence Lot proposing to make any
mpro vement which, under Section 2.02 hereof, requires the prior
written approval of Declarant, or its designee, shall apply for
approval by delivering a written application describing the
nature of the proposed improvement, together with such of the
following documents and information as are pertinent, in such
number of copies as the Declarant, or its designee may require.
(1) A plot plan of the affected property showing the
location of existing and proposed improvements and
alterations?
(2) Floor plans and landscaping plansi
(3) Drawings showing all elevations;
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(4) A :description Of exterior materials and colors,
with color samples$ apd
(S) The ownerts_proposed construction schedule.
B. . _3 aim for A royal of 2mprayements az}d'Alterations.
The b i "s . es gnie'.sna3 ,. a3-"P' e�onsiderat" n of the
items sat forth in the foregoing Paragraph A and such other
matters as it deems necessary, grant the requested approval if ,
the Declarant, or its designee, determines that$
(1) The proposed improvement or alteration conforms to
the provisions of .this Declaration and "the
restrictions herein set forth;
(1) . The proposed improvement or alteration is
reasonably compatible with the standards of
Meadowood and the purposes of this Declaration as
to quality of workmanship and materials, as to
harmony of external design with existing
structures, and as to location with respect to
vegetation, typography, finished grade, and views
from other buildings and building sites$ and
(3) Tha. proposed improvement or alteration complies
with all applicable laws, specifically including
the zoning by-laws and building code requirements
of the Town of North Andover.
C. Form of. A royal. All approvals given under the
toregcing 'paragraph she be in writing, .provided, however, that
any such application for approval which has not been acted upon
within thirty (30) days from the date of submission thereof to
the Doplarant, .or its designee, shall, be deemed approved. The
deed of a particular lot by Declarant shall be conclusive
evidence that as of the data of such deed the approvals required
hereunder have been granted as to the lot conveyed. In the event
of such failure of Declarant to act upon such application within
said thirty (30) day period, the owner owner of the Residence .Lot
which submitted said application may record at the North Essex
Registry of Deeds an Affidavit, sworn to under the penalties:of
perjury, reciting same, and said affidavit shall upon r:cordinq
be of the same force and effect as a certificate of approval
issues. by Deolarant.
'D. Proceeding With Work. Upon receipt of approval from.
the Declarant-or ita�s .g�aa; or upon the laps* of thirty (30)
days without action as provided in Paragraph c of this section
2.04, the owner of .the Residence Lot shall, as soon as
practicable, dmwdnca.and:diligently proceed with the-proposed
sed
construction, refinishing' alterations and excavation in
accordance With the ownarts proposed construction schedule set
forth in the documents aCCOMpanying his/'her application for
approval.
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96 E. Failures to Gom late work. In the event that the
construction, reconstruct on, re�inishinq, or alteration of any
improvement is not completed within a reasonable time, or having
been completed does not comply with the approval therefor given,
the Declarant, or its designee, may direct and order the owner to i
remedy the non-oompliance or remove the improvement. If the
owner does not comply with the order within the period set forth
in the order, the owner shall reimburse the Declarant, or its
designee, upon demand, for all reasonable expenses and legal fees
incurred in connection with the enforcement thereof.
2.05 Association of Homeowners.
A. After the Declarant has conveyed all 26 Residence Lots
the then record owners of 19 or more of the 26 Residence Lots may
form an association of homeowners (the "Association"). The
purpose of the Association shall be to assume any and all rights
and obligations of the Declarant under the Declaration, including
without limitation, the right to approve or disapprove any
request which requires the written approval of Declarant.
B. The Association shall be in such form as voted by the
record owners of 19 or more Residence Lots, provided that the
formation of the Association shall be in writing, executed by the
required record owners of Residence Lots and notice thereof shall
be recorded with the Essex North Registry of Deeds on which
notice reference shall be made to the Declaration.
C. All rights of approval by Declarant pursuant to the
Declaration shall expire as to the Declarant, but not as to the
Association if and when created, upon the earlier of:
(i) six- (6) months following the sale of the last Residence
Lot by Declarants or
(ii) the formation of the Association as provided herein.
If after six (6) months following the sale of the last
Residence Lot by the Declarant no Association is formed, as
provided herein, no approvals shall be necessary as to matters
requiring the written approval of Declarant unless and until such
time the Association is formed.
D. Notwithstanding anything contained herein or the
Declaration to the contrary, so long as Declarant owns any
Resdential Lot(s) , �Declarant shall have the sole and exclusive
right and authority to approve or disapprove any request which
requires written approval and so long as Declarant owns any
Residence Lot(s) no amendment affecting these rights shall be
valid unless executed by Declarant.
E. Nothing contained herein shall prevent the Declarant
from assigning its rights as Declarant to a third party which
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shall succeed to 6 o287Cik", I, aCi Is and obligations hereunder. . !
conveyance of one or.more Residence Lots) to the assignee of
Declarantrr rights and obligations hereunder shall.not be deemed
to be a conveyance within the meaning of. this Article or the .
Declaration.
ARTICLE Irl
MISCELLANEOUS PROVISIONS .
Section 3.01 Amendment and Duration
A. Amendment. Except as otherwise herein expressly
provided, tEiTs Declaration may be amended at any time by:
1. A vote adopted, or written consent to, the proposed
amendment by the record owners of 19 or more of the 26
Residence Lots. Such amendment shall not be effective until
theirs has been filed and, recorded a certificate signed by
the Declarant, or its designee, setting forth the amendment
and th+'facts ralating. to its adoption. However, nd such ..
amendment shall be adopted that substantially derogates from
the original intent and purposes of this Declaration or
otherwise is to the detriment of the Residence bats or
ownerst or
2. The Declarant, who may amend this Declaration for
any purpose so long as Declarant is the record owner of not
less than 7 of the .26 Residence Lots.
B. �Du '-'tion of Restriction. Subject to the provisions of
Paragraph X-of Sect. 3.O1 hereof, the restrictions not forth 'in
this Declaration• shall continue and remain in full force and
effect in all events until thirty (30) years from this date, and
may thereafter be extended and continued in full. force and effect
for further periods of twenty (20) years each in the manner .
provided in Massachusetts General Laws Chapter 184, Section 27,
as it may be amended from time to time.
Section 3.02 Enforcement and Nan-Waiver.
A. Right of Enforcement. The restrictions set forth in
the: Declarat on are or t2za ®nefit of all the land described
herein and shall run with the land. Except as otherwise provided
herein, any owner of any Residence Lot, the Declarant, or its
lawful designee, shall. have the right to enforce any or all of
the provisions of' this Declaration, including without limitation,
the restrictions heroin set fortis.
B. violation of Law. Any violation of any applicable
local, state or faders aw or government regulation pertaining to {the ownership; occupation or use of any.property within Meadowood
is hereby declared to be a violation of this Declaration and of
the restrictions herein set forth and subject to any or all of the
enforcement procedures set forth in the Declaration.
affi..
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SECTION 3.03 Delivery of Notices and Documents.
"y written notice or other document relating to or
required by this Declaration may be delivered either personally
or by nail. If by mail, it shall be deemed to have been
delivered forty-eight (48) hours after a copy of same has boon
deposited in the United States mail, certified or registered
mail, postage prepaid, return receipt requested. Declarants
mailing address shall be 733 Turnpike Street, Suite 209, North
Andover, Massachusetts 01845 or such address contained on a
notice recorded with the Essex North Registry of Deeds on which
notice reference shall be made to this Declaration.
Section 3.04 Construction and Severabilitvs Singular, and
Plural.
A. Provisions Severable. Each of the provisions of this
Declaration shall be deemed independent and severable, and the
invalidity or partial invalidity of any provision or portion
thereof shall not affect the validity or enforceability of any
other provision.
B. Singular Includes Plural. Unless the context requires
a contrary construction, the singular shall include the plural
and the plural and singular! and the masculine, feminine or
neuter shall include the masculine, feminine and neuter.
C. Captions. All captions or titles used in this
Declaration are ntended solely for convenience or reference and
shall not affect that which is set forth in any of the provisions
hereof.
D. Definitions. Whenever the context so permits, all
references to the term "Residence Lot" contained within this
Declaration shall include each Lot numbered 1 through 16
inclusive, Lot 17A, Lot 18, Lot 19A, Lot 20, Lot 21A, Lot 22A,
Lot 23, Lot.24, Lot 25A and Lot C all as shown on the Plans.
MEADOWS REALTY TRUST
By: Y
Thoams D. Laudan ,
Trustee and not Individually
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COIMNMMTH Or MASSACHUSBTTS
SEX, 58.. July t , 1993
Then personally aMeared the above-named Thomas D. Laudani
wA a0mowledged the.yor inq instrument to be his .tree act ar�,{,.�„
deed truotoe of Meadows Realty Trust, before me,
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PRAPLAND C IrICATZBNN .
RES ICTIpNS
Section 2.01 Land ClaasilinsM4nn®'
The land within Meadowood ie hOrObY divided into the
following use classificationst
A. Resident Areas. Referring to each of tha lots n
1 through 1"i'no us Ve, t 17A, Lot 1 , Lot 19A r
theLot 22A, Lot 23, -Lot 24, t 93A and'Lot C aIZoas�showntan
the Plans.
designated D. CoMon Areas, Refer ing to the
ereasements now
Declarant in its.
b sale discretion as being_ reasonaably desidnecessary,
eing situated. .within the subject property described in Article
above and the appvrtsniht right& and easements to each Y fat owner,
during oath lot owners period of ownership to use all riot own'
and the area designated as ,the n u
Plana (the "Tot Lot* is shown on page 9 ofall
l -a ahown.ono. the
togethsr with others lawfully entitled thereto.- Declarant
exprsssly.rsserveb the right to dedicate Or convey to the Town of
North Andover. the way shown `aa adowood Road on the :Plans as
Public way and/or the area ghowtt on Plan No. 12178 as the *Tot
Lot at such time ar the 'town ie willih .'to accept
dedication or convayanaa, incluei G Pt such.
town the tee intaraat of the l the right and/ nvey to the
Lot". in said say and/or said *Tot
Section 2.02. Residence Ar•aa araitted Uses and Restrictions.
Each Residence Lot shall b& for the exclusive use and
bsnefit of the owner or own`ra tharsof, subject, however, to all
Of the following limitations
r®atrictiones
A. Residential. Use. No building or Other structures of
any kind s a be erected, placed or allowed to stand an a'
Resident Lot-,ON
cept a sinqle *egmily residential dwelling house
permitted under applicable law, together with accessory buildings
in and structures normally appurtenant to such a dwelling situated '
an integraldpart�ofathell gdweili` if any, ahaii.be constructed as
for the storage'of commercial Vvshhouse, Nocgarage
shall
ion bi used
No business activities of any nature shall be continuouely�y ant. i
regularly conducted upon.:ny �tsaidenos Lot, and no advsrtisirag
aigna:ehall be displayed they
physician, architect, dentist, ,:alxcepttt aroksrt a awyer, nos
agent, artist; or writer residing in dwelling house thereon saintain an offiCa for his/hex professional use subject to the y
provisions Of thti North Andover ton
ing more than one person " smalaw, and y icy net
n y display a small professional
Plato on the saidanas
to prevent t a Nothing herein shall be deemedthe leasing of a an from time to ting by
. 18,1.d19.d
Town of North Andover, MA August 1, 2019
Meadowood Playground
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MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
Town of North Andover,MA makes no claims and no
warranties,expressed or implied,concerning the validity or
accuracy of the GIS data presented on this map.
Geometry updated 10/31/2018
Data updated 10/31/2018
Town of North Andover, MA August 1, 2019
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MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
Town of North Andover,MA makes no claims and no
warranties,expressed or implied,concerning the validity or
accuracy of the GIS data presented on this map.
Geometry updated 10/31/2018
Data updated 10/31/2018
Planning Board Meeting Date Approved By PB
Department of Public Works
April 18, 2000
Members Present: Alison Lescarbeau, Chairman
Alberto Angles
Richard Rowen
Richard Nardefla
John Simons
William Cunningham
Others Present: Heidi Griffin, Town Planner
Bill Hmurciak, Director of DPW
Jim Rand, Director of Engineering
Amy Solomon,Planning Secretary
The Planning Board meeting was called to order at 7:40 p.m.
Discussion
Historic Center Roadway Project: Bill Hmurciak explained the old center project. He stated that
the proposal was presented to the Old Center Study Committee. He stated that the consulting
engineer is Britton Associates, He stated that the Town is in the preliminary stages of the plan.
He showed the Board the existing conditions and the proposed modifications. He stated that the
roads need to widened in order to receive MA Highway funding.
Mr. Rowen stated that he personally Ekes the existing road layout.
It was the consensus of the Planning Board that they will make a favorable recommendation for
the proposed plan at Town Meeting.
262 S. Bradford Street—Proposed Subdivision: Tom Zhouriko, proposed developer, explained
the project to the Board.
Mr. Rowen stated that this would be a 2 lot subdivision,therefore you would need to build a road
and build two lots off the road. He stated that it must be proved that this subdivision is buildable
according to our current regulations.
Public Hearings
475 Dale Street: Ms. Lescarbeau explained why the Public Hearing was re-opened. She stated
that an abutter contacted the Board and stated that he never received the original decision.
Peter Hatem, representative for the applicant, stated that the issues are straight-forward. He
stated that he is before the Board to ask that the decision be re-issued.
Mr. Rowen stated that the best thing to do at this point is re-issue the decision. He asked Ms.
Griffin if the decision could be re-issued as originally made?
Plannu� Board Aril 18 2000 Page 2
Ms. Griffin stated that it could..
Mr. Simons moved, seconded by Mr. Angles, and voted 3-0 to re-issue the DENIAL for the
Watershed Special Permit for 475 Dale Street.
Chatham Crossing. Ms. Lescarbeau opened the Public Bearing by reading a letter from H. Sandy
and Joanne Brown, abutters. (see attached) Ms. Lescarbeau stated that she apologizes if some
abutters may not be able to attend this evening's meeting, however Public Hearings must be held
on the advertised date. The only exception would be if it coincides with a Town election, which it
did on March 21".
Bill McCloud, engineer for the applicant, explained the proposal to the Board. He stated that the
applicant, Jeffco,proposesto build two streets that will have duplex houses on them. He stated
that all lots comply with fiontage and area. He stated that the Conservation Commission has
determined that there are no wetlands on the land. He explained that they propose to build an
underground drainage detention area. He stated that many subdivisions use detention ponds,
which are very unsightly as well as dangerous. He stated that the system they are proposing will
be towards the front of the development, along Andover Street. He stated that the size of this
system is 80' x 40' and it will be covered by 12" of topsoil. He stated that it can support the
weight of a large truck. He stated that they are proposing a vinyl post and rail fence around the
area. He stated that this system will more than adequately control all of the drainage. He stated
that he knows of two of these systems that are working in Methuen. He stated that this is a
relatively new system in this part of the country,but that it is popular in other parts.
Mr. McCloud stated that 10' buffer will be added along the rear of the property.
Doug Ahearn, Jeffco, stated that the feedback he has received form the neighbors is that they are
more happy with a buffer than a fence, although a fence may also be constructed. Mr. McCloud
showed that elevations. He stated that each lot will be its own condo association, and that there
needs to be unanimous approval for exterior changes such as a new roof.
Ms. Lescarbeau asked if lanterns will be provided.
Mr. Ahearn stated that they will be provided.
Dermott Kelley, traffic engineer, explained the traffic study that was done for the subdivision. He
stated that 8,100 vehicles pass this street on atypical day. He stated that he used data for single
family homes, since this uses more vehicles than duplexes would use. He stated that the toal
number of trips is 14 in the morning and 22 in the evening.
Ms. Lescarbeau asked if a traffic island is proposed for the entrance.
i
Mr. Kelley stated that there is no island proposed.
2
planning Board
April 18 2000 Page 3
the morning and evening rush hours in fiont of the
Mr. Rowen asked is traffic backs up during
proposed road.
Mr.Kelley stated that, at worst, people exiting the street may have to wait for 2 traffic cycles in
order to exit.
Mr. Rowen asked how far away the Franklin School is.
Mr. Kelley stated that it is approximately 800' —900' from the proposed road.
Mr, McCloud stated that the names Chatham Circle and Nantucket Drive have been approved by
the 911 operator. He stated that the houses will be numbered ahead of time. He stated that
Nantucket Drive is 450' long and Chatham Drive is 410' long. He stated that the existing stone
wall will be maintained, in addition to as marry trees as possible.
Bill Morin, 165 Berkeley Road, stated that the water table on Berkeley Road is very high, and
that he is concerned with the loss of trees. He stated that he request that funds be put in escrow
to compensate for any basement flooding. He stated that the more trees that come down, the
higher the water tables. He also asked if any fill will be brought in.
Mr. McCloud stated that test pits were�d e o hatham Circleu , and the water lwill need to be rai raised to and
beon the�
at Andover Street. He stated that one s
same level as the rest of the development. He.stated that there will be less trees, but he stated that
the drainage system will actually over-compensate for this.
Carolyn Proulx,Berkeley Road, asked if the drainage system can accommodate 30,000 gallons
per day. She asked if the houses will have basements.
Mr. McCloud stated that no basements are being proposed. He stated that the drainage system
can handle much more than this amount.
I
n of the outside consulting engineer is to ensure th
Ms. Lescarbeau stated that the functio at there
is no additional run-off from any new developments.
i Mr. Morin asked if a bond can be placed for drainage problems.
i
Ms. Lescarbeau stated that a bond cannot encompass anything outside of the development.
Mr. Rowen stated that that is why the Town hires an outside consultant.
Mr. Morin stated that this leaves hire with no r"otvse.
Mr. Rowen stated that, as a citizen, everybody has a recourse. IIe stated that the Board will do
' all they can to ensure that this project is done correctly.
i
3
Planning Board Anril 18 2000 Pate 4
Ms. Proulx asked if the abutters could be allowed to go on the land and do their own test pits?
;6
Mr. McCloud stated that they could not.
Ms. Proulx asked what they will do about the decrease of the bats that live in the trees that will be
removed. She sated that they eat mosquitoes that may carry diseases.
Ms. Lescarbeau stated that anyone can put up a bat box in their property to house bats.
Ms. Proulx stated that she was told that tonight's meeting was going to be tabled.
Ms. Lescarbeau stated that this is not true.
Ms. Proulx asked if another Public Hearing could be held with the Conservation Commission.
Ms. Lescarbeau stated that Conservation has no jurisdiction over this property, since it has been
determined that there are no existing wetlands on it.
Eva Mackay, 18 1 Berkeley Road, asked if the Board tapes into consideration the marketability of
a proposed development.
Ms. Lescarbeau stated that the Board looks at the aesthetics of the houses, how they it into a
neighborhood.
Ms. Mackay asked what happens if it affects the value of their homes.
Mr. Rowen stated that no one has the right to prevent someone from building on this piece of
land. He stated that anyone could have bought this and built on it.
Ms. Lescarbeau stated that if% of these homes are estimated to sell for$250,000, then that says a
lot for the value of that area.
Mr. Simons stated that the Board has three responsibilities: 1) Does it conform to Zoning Bylaws,
2)Does it comply with Board of Health regulations, and 3) Does it conform with the Subdivision
Riles and Regulation.
Ms. Proulx stated that she is concerned that the Board does not seem concerned about their
property values, drainage problems, and loss of trees, among other things.
Ms. Lescarbeau stated that the Board has a responsibility to ensure that every subdivision meets
that necessary conditions and that it does not adversely affect the existing conditions on abutting
properties.
f
Mr. Rowen moved, seconded by Mr. Mr. Angles, and voted 4-0 to continue the Public Hearing to
May 16, 2000.
Street Acceptance RecommendatiOm
Mr. Rowen moved, seconded by Mr. Nardella and VOTED 6-0:
That the Planning vote to recommend favorable action on the following streets for Town
Meeting—Copley Circle, Cobblestone Circle, MeadowWood Road, Sky View Road,Holly
Ridge Road, Ridgeway Road and Wild Rose Drive.
Mr. Nardella moved, seconded by Mr. Cunningham and VOTED 6-0:
That the Planning vote to make a recommendation at Town Meeting for the following
streets being proposed for street acceptance: Rosemont Drive, Copley Circle,Peterson
Road, Bucklin Road,Huckleberry Drive.
Adjournment
The meeting was adjourned at 10:40 p.m.
Respectfully Submitted,
l' Alberto Angles, Planning Board Clerk.
I
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5
NORTH
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ao
4's Hus
TOWN MEETING MINUTES
Town of North Andover
Annual Town Meeting
May 13, 2000
Agreeable to a warrant signed by the Board of Selectmen, the inhabitants of the
Town of North Andover, who are qualified to vote in Town affairs, met at the North
Andover High School Field House on Saturday May 13, 2000, at 1:00 PM. then and there to
act upon the following articles:
The North Andover High School Band played the Star Spangled Banner prior to the
start of the meeting. Checklists were used and 392 voters were present to open the meeting.
Town Moderator Charles A. Salisbury called the meeting to order at 1:05 PM. The meeting
adjourned at 5:47 PM to reconvene at the North Andover High School Field House on
Monday May 18, 2000 at 7:OOPM.
The Meeting reconvened on Monday May 15, 2000 at the North Andover High
School Field House at 7:10PM. There were 229 Voters present to open the Meeting. The
meeting adjourned at 10:47 PM to reconvene on Wednesday June 14, 2000 at 7:OOPM. The
Meeting convened at 7:05PM with 198 voters present at the North Andover High School
Field House. The Annual Town Meeting dissolved on June 14, 2000 at 7:20 PM.
Article 1. Reports of Receipts, Expenditures and Special Committees:
UNANIMOUSLY VOTED to accept the reports of receipts and expenditures as presented
by the Selectmen in the 1999 Annual Town Report. No reports of any special appointed
committees were presented.
Board of Selectmen
VOTED MAY 13, 2000
Article 2. Approval of Comprehensive Master Plan. To see if the Town NAM vote to
accept the recommendations of the Master Plan Committee as cited in the Master Plan Goals
and Policies section (contained in the Supplemental Information Section herein) and as
presented in. the Comprehensive Master Plan in accordance with Chapter 10 of the Town of
North Andover Charter.
Explanation: In 1996 the Town authorized the formation of the Master Plan
Committee to research, develop, prepare and update the Master Plan for the Town of
1
North Andover. The Committee issued a series of Interim Reports at previous Town
Meetings. The May 1997 Interim Report summarized its review of prior master plan
efforts (Baseline Report), the results of a comprehensive Build out Study, its
participation at a series of neighborhood meetings, and the opinions of residents to a
telephone survey. The 1998 Interim Report outlined the committee's vision for the
Town, master plan goals and objectives and measurement of success. At last year's
Town Meeting, the committee presented its development strategies and
recommendations in the 1999 Interim Report. Throughout each stage of the process,
the Committee has conducted a series of public meetings to solicit the comments of
elected officials and concerned citizens.
At this year's Town Meeting, the Committee is presenting the final Master Plan
and is asking for approval of its recommendations for Economic Development, Natural
& Cultural Resources, Housing, Traffic & Circulation and Community Facilities &
Services. The Committee's recommendations to changes in zoning by-law will be
presented at the next Town Meeting.
The Master Plan Goals and Policies from the Comprehensive Master Plan is
contained in the supplemental information of the 2000 Finance Committee Report. The full
report of the Committee is available for review at the office of the Town Clerk, the Stevens
Memorial Library and the Office of Community Development.
UNANIMOUSLY VOTED TO ADOPT ARTICLE 2 AS PRESENTED.
VOTED MAY 13,2000
Article 3. Compensation Elected Officials: UNANIMOUSLY VOTED to fix the
salary and compensation of the elected officers of the Town, as provided by Section 108 of
Chapter 41 of the Massachusetts General Laws as follows:
Board of Selectmen/Licensing Commissioners per annum $2,000
Chairman of Board of Selectmen per annum 300
School Committee per annum 2,000
Chairman, School Committee,per annum 300
Moderator, For Annual Town Meeting 100
For Special Town Meeting 50
VOTED MAY 13, 2000
Article 4. Fiscal Year 2000 Budget Transfers: UNANIMOUSLY VOTED to
transfer into various line items of the Fiscal Year 2000 operating budget from other line
items of said budget as follows:
Transfer from "Sewer Enterprise Expenses" to "Sewer Enterprise Salaries"the
Sum of$5,000;
Transfer from "Water Enterprise Expenses" to "Water Enterprise Salaries"
the sum of$10,000;
2
Transfer from "Fixed Expenses—Debt Service" to "Public Works—Expenses"
the sum of$43,000;
Transfer from "Fixed Expenses—Debt Service" to "General Government—
Expenses" the sum of$27,000;
Transfer from "Water Enterprise—Water User Fees" to "Water Enterprise-
Debt" the sum of$38,000.
VOTED MAY 13, 2000
Article 5. Unpaid Bills: UNANIMOUSLY VOTED to take from available funds for
the payment, pursuant to Section 64 of Chapter 44 of Massachusetts General Laws, of
unpaid bills from previous fiscal years, including any bills now on over draft
UNANIMOUSLY VOTED TO APPROPRIATE FROM AVAILABLE FUNDS, THE
SUM OF $2,297.63 IN ORDER IN ORDER TO PAY OUTSTANDING BILLS TO
VENDORS LISTED BELOW:
Kopelman & Paige, P.C. (Legal Expenses) $1,228.38
Marsh, Moriarty, Ontell & Darcey, P.C. (Legal Expenses) $1,069.25
VOTED MAY 13, 2000
Article 6. State Revenue Sharins! Resolution: Unanimously Voted to adopt a
resolution calling upon the Massachusetts General Court to increase and improve its share
of the funding of public education in North Andover and to fully fund the cost of state
mandated local service
STATE FUNDING RESOLUTION
"Whereas suburban and rural communities are forced into excessive reliance on the
property tax to pay for local services and for unfunded state mandates,
and whereas the 1993 Education Reform Act's local aid distribution formula -unfairly
includes an average per capita income factor that results in the state giving less aid to
communities that pay more to the state in income taxes,
and whereas communities were forced to wait seven (7) years before any changes to the
formula would be considered
and whereas the inequitable local aid distribution formula has placed an undue burden on
North Andover's tax payers to meet education and other service needs,
be it resolved that the State's contribution toward North Andover's education funding and
other services is clearly inadequate and must be improved.
3
Be it further resolved that the State must fully fund the cost of all state mandated local
services and that our representative to the General Court be instructed accordingly.
Copies of this Resolution will be sent by the Town Clerk to the Senate President, House
Speaker, Governor, and Lt. Governor.
Finance Committee
VOTED MAY 13, 2000
Article 7. Senior Citizens Tax Deferral Program — l: UNANIMOUSLY VOTED
to raise the income cap for the Senior Citizens' tax deferral program established under
Chapter 59, Section 5, Clause 41A from current $20,000 per household to $40,000 per
household.
Board of Selectmen
VOTED MAY 13, 2000 1
VOTED MAY 13,2000 2
VOTED MAY 13, 2000 2
VOTED MAY 13, 2000 5
Department 6
VOTED MAY 13, 2000 6
And that$2,796,278 be appropriated from Sewer receipts. 7
GENERALGOVERNMENT 8
PUBLIC SAFETY 8
EDUCATION 9
PUBLIC WORKS 10
Recommends 10
FIXED EXPENSES 10
Fund 12
VOTED MAY 15, 2000 14
VOTED MAY 15, 2000 15
VOTE D J U N E 14, 2000 15
VOTED MAY 15, 2000 16
VOTED MAY 15, 2000 16
VOTED MAY 15, 2000 17
VOTED MAY 15, 2000 18
VOTED MAY 15, 2000 18
VOTED MAY 15, 2000 YES 112 NO 45 21
VOTED MAY 15, 2000 23
VOTE MAY 15, 2000 23
VOTED MAY 15, 2000 26
VOTED MAY 13, 2000
Article 8. Senior Citizens Tax Deferral Program — 2: VOTED to authorize the
Board of Selectmen to file a home rule petition with the state legislature to increase the
4
income cap for the Senior Citizens' tax deferral program established under Chapter 59,
Section 5, Clause 41A to $50,000 per household in North Andover,
Board of Selectmen
VOTED YES 168 NO 115
VOTED MAY 13, 2000
Article 9. Establish a Stevens Estate Conference Center Enterprise Fund:
UNANIMOUSLY VOTED to establish an Enterprise Fund for activity at the Stevens
Estate at Osgood Hill Conference Center pursuant to Massachusetts General Laws Chapter
44, Section 53F(1/2), or any other authority, including a home rule petition to the
legislature.
Finance Committee
VOTED MAY 13, 2000
Article 10. Stevens Estate at Osgood Hill Enterprise Fund Appropriation for Fiscal
Year 2001. UNANIMOUSLY VOTED that the Town appropriate the total listed under
the column "Finance Committee Recommendation" to operate the Stevens Estate at Osgood
Hill Enterprise Fund and further that $739,919 be raised from the user fee receipts.
STEVENS ESTATE ENTERPRISE FUND
STEVENS ESTATE FY 2000 FY 2001 FY 2001 FY 2001
ENTER-PRISE
Board of Finance
Department Selectmen Committee
Budget Request Recommendation Recommendation
Salaries $146,633 $196,744 $196,744 $196,744
Expenses $290,179 $313,175 $313,175 $313,175
Capital Building $230,000 $230,000 $230,000
Projects
Total: Stevens $436,812 $739,919 $739,919 $739,919
Estate Enterprise
5
VOTED MAY 13, 2000
Article 11. Water Enterprise Fund Appropriation for Fiscal Year 2001: To see what
action the town will take as to the Budget Recommendations for the Water Enterprise Fund
by the Finance Committee for the Fiscal Year beginning July 1, 2000 and ending June 30,
2001.
Article 11. Water Enterprise Fund Appropriation for Fiscal Year 2001:
WATER FY 2000 FY 2001 FY 2001 FY 2001
ENTERPRISE
Board of Finance
Department Selectmen Committee
Budget Request Recommendation Recommendation
Salaries $510,663 $541,241 $541,241 $541,241
Expenses $581,225 $666,975 $666,975 $666,975
Capital $113,500 $390,500 $390,500 $390,500
Reserve Fund $5,976 $0 $0 $0
Debt Service $2,108,538 $2,027,204 $2,027,204 $2,027,204
Total: Direct Costs $3,319,902 $3,625,920 $3,625,920 $3,625,920
Administrative/Indirect $2659485 $385,696 $368,688 $368,688
Total: Water $3,585,387 $4,011,616 $3,994,608 $3,994,608
Enterprise
UNANIMOUSLY VOTED that the Town appropriate the total listed under the column
"Finance Committee Recommendation" to operate the water fund and further that
$3,625,920 be raised from the water receipts and that $368,688 be raised from water
receipts and appropriated.in the general fund.
Further amended by Motion of Robert J. Ercolini BY MAJORITY VOTE to amend the
budget to insert the line item "Board of Selectmen-GLSD" and the amount of$50,000 for
which sums will be expended under the direction of the Board of Selectmen to engage legal
counsel and other experts to consider asserting the application of all zoning requirements,
including the right to site plan review for proposed construction activities under the so-
called "Facilities 1 and Facilities 2 Plan of the Greater Lawrence Sanitary District" currently
under review by the Board of Health and to assist and defend the Building Inspector and
other Town Boards if the Building Inspector does not issue a building permit for either of
those facilities.
VOTED MAY 13, 2000
6
Article 12. Sewer Enterprise Fund Appropriation for Fiscal Year 2001: To see what
action the Town will take as to the Budget Recommendations for the Sewer Enterprise Fund
by the Finance Committee for the Fiscal Year beginning July 1, 2000 and ending June 30,
2001.
Article 12. Sewer Enterprise Fund Appropriation for Fiscal Year 2001:
SEWER FY 2000 FY 2001 FY 2001 FY 2001
ENTERPRISE
Board of Finance
Department Selectmen Committee
Budget Request Recommends Recommends
Salaries $157,114 $193,315 $193,315 $193,315
Expenses $127,450 $174,800 $174,800 $174,800
GLSD Assessment $909,159 $1,000,000 $950,000 $950,000
Capital $115,000 $165,000 $165,000 $165,000
Reserve Fund $16,246 $o $0 $0
Debt Service $737,419 $1,165,000 $1,165,000 $1,165,000
Total: Direct Costs $2,062,388 $2,698,115 $2,648,115 $2,648,115
Administrative/Indirect $168,624 $159,037 $148,163 $148,163
Total: Sewer $29231,012 $2,857,152 $2,796,278 $2,796,278
Enterprise
And that $2,796,278 be appropriated from Sewer receipts.
UNANIMOUSLY VOTED that the Town appropriate the total direct costs listed
under the column "Finance Committee Recommendation" to operate the sewer fund
and further that $2,648,115 be raised from sewer receipts and that $148,163 be raised
from sewer receipts and appropriated in the General Fund.
And further amended by Robert J. Ercolini by UNANIMOUS VOTE to amend the budget
by inserting a line item entitled" Special Legal and Technical Services-GLSD" in the
amount of$50,000.
These sums are to be expended under the direction of a committee of three (3) North
Andover residents appointed as soon as possible by the Town Moderator. The express
purpose of said funds is to have this committee engage a qualified environmental law firm
and environmental engineer, including David Graber, to assist the Board of Health in
meeting its requirements under the Memorandum of Understanding (MOU) between the
Town and the GLSD. These services shall include, but not be limited to, The Board of
Health's need to state with particularity all of the technical reasons and justifications if they
should adopt a written finding, that the proposed facilities pose a danger to public health,
safety or the environment within the Town which cannot be mitigated, under Section 7 of
7
the Memorandum of Understanding executed by the North Andover Board of Selectmen on
March 17, 2000 and the North Andover Board of Health on March 23, 2000.
Further, this committee is to investigate and recommend to Town Meeting all available legal
remedies for residents of North Andover to pursue against the GLSD for its past and present
conduct and activities and to propose to subsequent Special or Annual Town Meetings
further action that may be necessary.
VOTED MAY 13,2000
Article 13. General Fund Appropriation Article for Fiscal Year 2001: To see what
action the Town will take as to the Budget Recommendations of the General Fund by the
Finance Committee for the Fiscal Year beginning July 1, 2000 and ending June 30, 2001.
Article 13. General Fund Appropriation Article for Fiscal Year 2001:
GENERAL GOVERNMENT
GENERAL FY 2000 FY 2001 FY 2001 FY 2001
GOVERNMENT
Town Board of Finance
Manager Selectmen Committee
Budget Recommends Recommends Recommends
Total Personnel Services $2,021,899 $2,165,155 $2,165,155 $2,165,155
Total Expenses $1,170,343 $1,054,198 $1,142,043 $1,142,043
Finance Committee $75,000 $75,000 $75,000 $75,000
Reserve
Total: General $3,267,242 $3,294,353 $3,382,198 $3,382,198
Government
PUBLIC SAFETY
PUBLIC SAFETY FY 2000 FY 2001 FY 2001 FY 2001
Town Board of Finance
Manager Selectmen Committee
Budget Recommends Recommends Recommends
Total Personnel Services $5,331,820 $5,505,633 $5,505,633 $5,505,633
Total Expenses $493,407 $710,271 $710,271 $710,271
Total: Public Safety $5,825,227 $6,215,904 $6,215,904 $6,215,904
8
EDUCATION
EDUCATION FY 2000 FY 2001 FY 2001 FY 2001
Town Board of Finance
Manager Selectmen Committee
Budget Recommends Recommends Recommends
North Andover
Public Schools
Total Personnel $17,651,598
Services
Total Expenses $5,496,991
Sub-Total $23,148,589 $23,806,573 $24,584,573 $24,584,573
School Building
Committee
Total Personnel $14,500 $14 500 $14 500 $14,500
Services
Total Expenses $8,441 $8,441 $8,441 $8,441
Sub-Total $22,941 $22,941 $22,941 $22,941
Essex Regional
Technical
Total Personnel $0 $0 $0 $0
Services
Total Expenses $46,017 $92,034 $92,034 $92,034
Sub-Total $46,017 $92,034 $92,034 $92,034
Greater
Lawrence
Vocational
Total Personnel $0 $® $® $0
Services
Total Expenses $90,000 $90,000 $90,000 $90,000
Sub-Total $90,000 $90,000 $90,000 $90,000
9
Total:Education $23,307,547 $24,011,548 $24,789,548 $24,789,548
PUBLIC WORKS
PUBLIC WORKS FY 2000 FY 2001 FY 2001 FY 2001
Town Board of Finance
Manager Selectmen Committee
Budget Recommends Recommends Recommends
Total Personnel $1,115,967 $1,153,222 $1,153,222 $1,153,222
Services
Total Expenses $1,974 700 $1,976,633 $1,976,633 $1,976,633
Total: Public Works $3,090,667 $3,129,855 $3,129,855 $3,129,855
FIXED EXPENSES
FIXED EXPENSES FY 2000 FY 2001 FY 2001 FY 2001
Town Board of Finance
Manager Selectmen Committee
Budget Recommends Recommends Recommends
Retirement $1,483,001 $1,554,814 $1,554,814 $1,554,814
Group Insurance Expense $3,081,680 $3,381,376 $3,381,376 $3,381,376
Property& Casualty $237739 $270,929 $270,929 $270,929
Insurance
Debt Service-Principal $2,917 500 $2,992,000 $2,992,000 $2,992,000
Interest on Long Tenn Debt $2,363,304 $2,223,139 $2,223,139 $2,223,139
Interest on Short Term Debt $50,783 $143,075 $114,425 $114,425
Bond Issue Expense $20 838 $0 $0 $0
Total: Fixed Expenses $10,154,845 $10,565,333 $10,536,683 $10,536,683
10
UNANIMOUSLY VOTED that the Town accept the recommendations of the Finance
Committee under the column entitled "FY2001 Finance Committee Recommendation"
with the following amendment:
Decrease "Public Works Total Personnel Services" by $19,142 and increase
Public Works Total Expense" by $19,142 for a total Public Works Budget of
$3,129,855.
Decrease "General Government Total Expenses" by $1,500 and increase
"General Government Total Personnel Services' by $1,500 for a total General
Government Budget of$3,382,198.
And further;
Add $39,540 to the line item "General Government—Total Personnel Services"
and add $95,414 to the line item "General Government — Total Expenses" for a total
General Government Budget $3,517,152;
Add $152,855 to the line item "Public Safety — Total Personnel Services" and
$70,088 to the fine item "Public Safety — Total Expenses" for a total Public Safety
Budget of$6,438,847;
Add $859,534 to the North Andover Public Schools for a total Education
Budget of$25,649,082;
Add $186,500 to the line item :Public Works — Total Expenses" for a total
Public Works Budget of$3,316,355; and
Add $84,000 to the line item "Fixed Expenses — Group Insurance" and add
$127,000 to the line item "Fixed Expenses — Stabilization Fund", and add $36,000 to
the line item "Fixed Expenses — Debt Service" for a total Fixed Expense Budget of
$10,783,683;
Said supplemental appropriation would increase the amount to be raised by $1,650,931
for a total appropriation of $49,705,119, provided however, that this supplemental
appropriation shall not take effect until the Town votes to exempt from the limitations
on total taxes imposed by MGL Chapter 59, Section 21C (Proposition 2 1/2) the amount
of$1,650,931 required to fund the supplemental appropriation
VOTED J-UNE 14, 2000
Article 14. Capital Improvement Plan Appropriation for Fiscal Year 2001: To see
if the Town will vote to raise and appropriate, transfer from any available funds, or borrow
under the provisions of Chapter 44 of the Massachusetts General Laws, or any other
authority, the following sums of money for the purposes listed below:
11
Article 14. CAPITAL IMPROVEMENT PLAN FY 2001
Board of Finance
Department Fund Selectmen Fund Committee Fund
Department Project Description Request Code Recommends Code Recommends Code
Fire Department
1. 4 WD Vehicle Replacement $37,088 1 $0 $0
2. Energy Efficient Windows $33,900 1 $0 $0
3. Out Country Fire Station Site $450,000 4 $0 $0
Sub-Total: Fire Department $520,988 $0 $0
Police Department
4. Body Armor Protection $28,500 1 $28,500 1 $28,500 1
Replacement
Sub-Total: Police Department $28,500 $28,500 $28,500
School Department
5. High Temperature Control $100,000 1 $0 $0
6. Atkinson School Heating $430,000 4 $430,000 4 $430,000 4
System Replacement
Sub-Total. School Department $530,000 $430,000 $430,000
Division of Public Works
7. Dump Truck (#40) $50,000 1 $0 $o
8. Pick Up Truck (trade #41) $25,000 1 $0 $0
9. Infield Machine & Trailer $12,000 1 $12,000 1 $12,000 1
10. Backhoe (#62) $95,000 1 $95,000 4 $95,000 4
11. 4 x 4 (#6) $25,000 1 $0 $o
12. Sweeper $80,000 1 $0 $0
13. Town Farm Buildings $43,000 1 $0 $0
14. Safety Correction Vehicle $70,000 1 $0 $0
Maintenance Area
15. Waverley Road/Mass Ave $200,000 4 $0 $0
Traffic Lights
16. Replace High School Athletic $400,000 4 $0 $0
Fields
Sub-Total. Division of Public $1,000,000 $107,000 $107,000
Works
Board of Finance
Department Fund Selectmen Fund Committee Fund
12
Department Project Request Code Recommends Code Recommends Code
Description
Water Enterprise Fund
17. Water Main Engineering $38,500 2 $38,500 2 $38,500 2
18. Carbon Filter Replacement $115,000 2 $115,000 2 $115,000 2
19. Re-tile Floors Walls Water $47,000 2 $47,000 2 $47,000 2
Treatment Plant
20. Surface Agitation System $140,000 2 $140,000 2 $140,000 2
21. Watershed Protection $50,000 2 $50,000 2 $50,000 2
Progra Program
22. Water System Rehabilitation $750,000 5 $750,000 5 $750,000 5
23. Standpipe Painting $300,000 5 $300,000 5 $300,000 5
Sub-Total. Water Enterprise $1,440,500 $1,440,500 $1,440,500
Fund
Sewer Enterprise Fund
24. Johnson Circle Pumping $165,000 3 $165,000 3 $165,000 3
Station
25. Sewer System Extension, $1,550,000 6 $1,550,000 6 $1,550,000 6
Phase III-D
26. Sewer System Extension in $84,000 6 $84,000 6 $84,000 6
Watershed, Ph. IV
27. Sewer System Improvements $334,000 6 $334,000 6 $334,000 6
UI
28. Design East Side Sewer $695,000 6 $695,000 6 $695,000 6
Replacement
Sub-Total: Sewer Enterprise $2,828,000 $2,828,000 $2,828, 00
Fund
GRANT) TOTAL $6,347,988 $4,834,00 $ ,834,000
CODE-Funding Sources-Recommended Items
I. Raise and Appropriate- General $40,500 $40,500
2. Raise and Appropriate-Water Enterprise $390,500 $390,500
3. Raise and Appropriate Sewer Enterprise $165,000 $165,000
4. General Obligation-Bonds $525,000 $525,000
5. General Obligation Bonds - Water Enterprise $1,050,000 $1,050,000
6. General Obligation Borers - Sewer Enterprise $2,663,000 $2,663,000
Grand Total: $4 834,000 $4 834,000
BELOW- Shown on fellow Amendment-Article 14 presented to Town Meeting June
14, 2000. Motion made to adopt as below by Finance Committee.
13
CODE- Funding Sources-Recommended Items
1. Raise and Appropriate— General $385,588 $385,588
2. Raise and Appropriate-Water Enterprise $390,500 $390,500
3. Raise and Appropriate Sewer Enterprise $165,000 $165,000
4. General Obligation—Bonds $1,030,000 $1,030,000
5. General Obligation Bonds - Water Enterprise $1,050,000 $1,050,000
6. General Obligation Bogs - Sewer Enterprise $2,663,000 $2,663,000
Grand Total: $5,684,088 $5,684,088
UNANIMOUSLY VOTED to amend the title of item 16 from "Replace High School
Athletic Fields" to "Athletic Fields".
UNANIMOUSLY VOTED that the Town appropriate $5,684,088 to fund the items
listed under the column "Finance Committee Recommends"; and to meet the
appropriation for items 1,4,7,8,9,10,11,13,14,17,18,20,21, and 24, the sum of $941,088
shall be raised;
UNANIMOUSLY VOTED that to fund items 6,15,16,22,23,25,26,27, and 28, the
treasurer, with the approval of the Board of Selectmen, be authorized to borrow
$4,743,000 under Chapter 44 of the Massachusetts General Laws.
VOTED JUNE 14, 2000
Annual Town Meeting Reconvened at the North Andover High School Field House at
7:05 PM on Tuesday May 15, 2000.
Article 15. Authorization of Chapter 90 Highway Funds: To see if the Town will
vote to appropriate $408,066, or some other sum, for Massachusetts General Laws, Chapter
90 Road Repairs; and to meet said appropriation that the Treasurer, with the approval of the
Board of Selectmen, be authorized to borrow said sum in anticipation of State
reimbursement under Chapter 44, Section 6A of the General Laws.
Board of Selectmen
UNANIMOUSLY VOTED TO ADOPT ARTICLE 15 AS PRINTED IN THE WARRANT.
VOTED MAY 15, 2000
Article 16. Appropriation for Tax Revaluation by Board of Assessors: To see if the
Town will vote to raise and appropriate, or appropriate from any available funds, the sum of
$90,000, or some other sum, for the purpose of retaining consultants and technical services
to assist the Board of Assessors to conduct a revaluation of taxable property in North
Andover.
14
BOARD OF SELECTMEN
UNANIMOUSLY VOTED TO "TAKE NO ACTION".
VOTED JUNE 14, 2000
17. Amend Zoning Bylaw Section 4.136(8) — Add Waiver of Watershed Protection
District Special Permit: To see if the Town will vote to add a new Section 4.136 (8) of the
Town of North Andover Zoning Bylaw to read as follows:
Section 8. Waiver of Watershed Protection District Special Permit
When any construction proposed on an existing structure within the Watershed Protection
District will not expand the existing footprint of a structure, and will not disturb existing
topography, and is a proposal on town sewer, the Planning board may determine, without a
public hearing, that submission of a watershed protection district special permit is not
required. However, in order to obtain such a waiver, an applicant must schedule and agree
in writing for the Town Planner to perform a minimum of inspections during the
construction process to ensure proper erosion control is established during construction.
The applicant must also agree in writing that the Town Planner can stop construction if the
proper erosion control is not in place. For all proposals on septic, this section will not apply.
Applicants should refer to Sections 4.136 (3) (a)(b) (c) and (d) of the Town of North
Andover Zoning Bylaw.
The applicant must request a waiver from obtaining a Watershed Protection District Special
Permit in writing and may be required to submit supporting documentation, including, but
not limited to, proposed plans and correspondence depicting the proposal. The waiver
request will be discussed at a regular meeting of the Planning Board.
Planning Board
VOTED BY TWO-THIRD VOTE DECLARED BY THE MODERATOR to adopt
Article 17 as printed in the warrant.
VOTED MAY 15, 2000
Article 18. Acceptance of Massachusetts General Law Chapter 40 Section 22F —
Setting of License Fees and Service ChaKges-. To see if the Town will vote to adopt
Massachusetts General Law Chapter 40 Section 22F, "License Fees-Service Charges" to
allow the Board of Health to charge $150.00 (One hundred-fifty dollars) per recreational
camp pen-nit.
Board of Health
VOTED BY CLEAR MAJORITY TO "TAKE NO ACTION" ON ARTICLE 18.
VOTED JUNE 149 2000
15
Article 19. Authorization for evolving Fund — Host Community Environmental
Monitoring: To see if the Town will vote to authorize the use of a revolving fund for Fiscal
Year 2001 pursuant to Chapter 44, Section 53E(1/2) of Massachusetts General Laws for the
purpose of allowing the Board of Health to retain consultants and services in order to
monitor and enforce operating permits and conditions of environmental and regional
services facilities located in North Andover, including the enforcement truck routes; further
that payments made to the Town by Massachusetts Refusetech, Inc. and the Greater
Lawrence Sanitary District under the terms of their host community agreements and permits
specifically earmarked to offset such monitoring and enforcement be deposited in such
revolving fund; and that the total amount of expenditures shall not exceed $75,000; or take
any other action relative thereto.
Board of Selectmen
UNANIMOUSLY VOTED TO ADOPT ARTICLE 19 AS PRINTED IN THE WARRANT.
VOTED MAY 15, 2000
Article 20. Authority to Accept Easements: To see if the Town will vote to authorize
the Board of Selectmen to accept grants of easements for water drainage, sewage disposal
and utility purposes on terms and conditions of the Board of Selectmen deem in the best
interest of the Town; or take any other action relative thereto.
Department of Public Works
UNANIMOUSLY VOTED TO ADOPT ARTICLE 20 AS PRINTED IN THE WARRANT.
VOTED MAY 15, 2000
Article 21. Authorization to Grant Easements. To see if the Town will vote to
authorize the Board of Selectmen and the School Committee to grant easements for waters
drainage, sewage disposal and utility purposes on terms and conditions the Board and the
Committee deem in the best interests of the Town; or take any other action relative thereto.
Board of Selectmen
UNANIMOUSLY VOTED TO ADOPT ARTICLE 21 AS PRINTED IN THE WARRANT.
VOTED MAY 15, 2000
Article 22. Acquire Interests in Real Estate — Boxford and Foster Streets: To see if
the Town will vote to raise and appropriate a sum of money for the purpose of acquiring
interests in real estate located at " 22 Boxford Street, Assessors Map 104D Parcel 33, 1.25
acres, more or less", including but not limited to options to purchase; to authorize the
Selectmen to acquire all or portions of the rights, title and interest in said property in the
name of the Town for municipal purposes gift, purchase or eminent domain; to authorize the
Treasurer, with the approval of the Selectmen, to borrow said sum under Chapter 44 of the
16
Massachusetts General Laws or any other enabling authority; or take any other action
relative thereto.
Fire Chief William V. Dolan
VOTED BY CLEAR MAJORITY to direct the Board of Selectmen to enter into
negotiations no later than June 1, 2000, for the purpose of acquiring interests in real estate
located at "22 Boxford Street, Assessors Map 104D Parcel 33, 1.25 acres, more or less,
including but not limited to options to purchase; to authorize the Selectmen to enter into
agreements which are contingent upon approval at the next scheduled Town Meeting which
occurs after September 1, 2000 and limited to a total cost of not to exceed $400,000 to
acquire all or portions of the rights, title and interest in said property in the name of the
Town for municipal purposes, gift, purchase or eminent domain.
VOTED MAY 15, 2000
Article 23. Utilize Portion of Foster Farm For Proposed Fire Station.
To see if the Town will vote to instruct the Board of Selectmen to direct the Fire
Department and any other town divisions and or Boards necessary to fully research,
investigate, and report back to Town Meeting within one year, all other possible town-
owned locations in the "out-country" area of North Andover as defined by the Master Plan
Committee, as viable and
feasible alternative locations for the proposed out country fire station, in lieu of the
proposed purchase of Lot number 33 on Tax Map 104D (Refer to Exhibit A shown below of
Assessors Map 104D). Potential alternative locations shall include but are not limited to,
the portions of the town-owned Foster Farm property which have frontage on Boxford
Street and the Cyr Recycling Center located on Sharpner's Pond Road.
17
Petition of Arthur Detora and Others
VOTED TO ADOPT ARTICLE 23 AS printed in the warrant.
VOTED MAY 15, 2000 YES 84 NO 79
Article 24. Roadway Acceptances — Brookview Drive and Lost Pond Lane. To see if
the Town will accept, as and for public ways in the Town of North Andover, the following
ways, in accordance with the Layout Order and Plans approved by the Board of Selectmen
and placed on file in the Office of the Town Clerk and further recorded as plan #13059 and
#12610 in the North Essex Registry of Deeds
•'• Brookview Drive
®®® Lost Pond Lane
VOTED BY CLEAR MAJORITY TO ACCEPT BROOKVIEW DRIVE AND LOST POND
LANE AS PUBLIC WAYS.
VOTED MAY 15, 2000
18
Article 25. Roadway Acceptance—East Pasture Circle. To see if the Town will vote
to accept a certain roadway, known as East Pasture Circle, situated in No. Andover, Essex
County, MA being shown on a plan of land entitled "Definitive Plan" East Pasture Estates
located in No. Andover, MA: scale 1" = 40', Plan of lots 1-4, date; Dec. 14, 1994, revisions
5/l/95; Record Owner: Donald F. Johnston, 114 Boston Street, No. Andover, MA;
Applicants: Donald F. & Nancy A. Johnston, 114 Boston Street, No. Andover, MA, Hayes
Engineering Inc., 603 Salem Street, Wakefield, MA 01880, which plan is filed with the
Essex North Registry of Deeds as Plan# 12615.
Petition of Donald F. Johnston and Others
UNANIMOUSLY VOTED TO ADOPT EAST PASTURE CIRCLE AS A PUBLIC WAY AS
SHOWN IN PLAN# 1216 IN THE ESSEX NORTH REGISTRY OF DEEDS.
VOTED MAY 15, 2000
Article 26. Roadway Acceptance — Poor Street. To see if the Town will accept, as
and for public ways in the Town of North Andover, the following ways, in accordance with
the Layout Order and Plans approved by the Board of Selectmen and placed on file in the
Office of the Town Clerk.
Petition of Joseph A. Messina and Others
UNANIMOUSLY VOTED TO "TAKE NO ACTION" ON ARTICLE 26.
Article 27. Roadway Acceptances — Foxwood Drive, Phillips Common, Copley
Circle, Cobblestone Circle, Huckleberry Lane, Peterson Road, Pucklin Road, Weyland
Circle, Meadowood Road. To see if the Town will accept, as and for public ways in the
Town of North Andover, the following ways, in accordance with the Layout Order and
Plans approved by the Board of Selectmen and placed on file in the Office of the Town
Clerk:
•'• Foxwood Drive
❖ Phillips Common
❖ Copley Circle
❖ Cobblestone Circle
❖ Huckleberry Lane
• Peterson Road
❖ Bucklin Road
❖ Weyland Circle
•'• Meadowood Road
Petition of Lianne Cristaldi and Others
19
VOTED BY CLEAR MAJORITY TO ACCEPT COBBLESTONE CIRCLE AS A
PUBLIC WAY AS SHOWN ON THE LAY OUT PLANS BY THE BOARD OF
SELECTMEN.
VOTED MAY 15, 2000
Article 28. Roadway Acceptances - Rosemont Drive, Wildrose Drive, Sky View
Terrace, Ridge Way, and Holly Ridge Road. To see if the Town will accept, as and for
public ways in the Town of North Andover, the following ways, in accordance with the
Layout Order and Plans approved by the Board of Selectmen and placed on file in the Office
of the Town Clerk:
• Rosemont Drive—Plan 412097
Wildrose Drive—Plan#12097
Sky View Terrace—Plan#12248
Ridge Way—Plan#12248
• Holly Ridge Road—Plan#12097
Petition of Chris Colwell and Others
VOTED BY MAJORITY TO ACCEPT ROSEMONT DRIVE, WILDROSE DRIVE, SKY
VIEW TERRACE,RIDGE WAY,AND HOLLY RIDGE ROAD AS DESCRIBED ABOVE.
VOTED MAY 15, 2000
Article 29. Rezone Portion of Osgood Street—Map 35 Parcel 9-1210 Osgood Street
VOTED BY TWO-THIRD VOTE DECLARED BY THE MODERATOR to adopt
Article 29 as printed in the warrant with the following amendment: `Business 1 (132)"
should read "Business 2 (132); And further to amend the Zoning designation of the
following parcel from Industrial 2 (I2) to Business 2 (B2), more specifically 1210 Osgood
Street, Map 35, Parcel 9, containing 3.1 acres more or less that being:
20
A certain parcel
V shown on a plan
,
a�° °>.L° °L^IR'°�T�uIR I° j 7 of land entitled
{�
"Proposed Re-
r..f
I J 1 4
Zoning Plan,
Assessor's Map
.i...,..tL:,S:.
s ,Ocus 35, Parcel 9, in
North Andover,
;°rttALrt WNSi �Y�: 1 PCETIM PS uv�RC2�5 09
P.°E zP, ° c 1 _ ° nu \ Massachusetts,
prepared for
°W Forgetta
Development
ARu too e�stc°`ss°n*Rx ciu°usmuL .. i 7 �-r
LC
PROPOSED RE-ZONING L , 1049
PLAN 7
�z$ ASSESSOR'S MAP 35 PARCEL 9 Turnpike Street,
/ N NORTH ANDOVER,MA North Andover,
FORGETTn DEVELOP NT LLC Massachusetts
\ + MUSETR 0,9+5
Marchionda 01845
W,LP.
OSGOOD STREET- ROUTE 125 a wma�r, Marchionda &
Associates L.P.m,1��Kfttu+soaa SCALE: t'=100 9 9
62 Montvale
Street, Stoneham, Massachusetts 02180, Date: 33/23/00". Said parcel is more particularly
bounded and ascribed as follows:
Beginning at a point, said point being the intersection of the Business 1/Industrial 2
Zone line as it intersects the westerly sideline of Osgood Street as shown on said plan;
thence
Northerly along the Westerly sideline of Osgood Street a distance of approximately
530 feet to the common boundary line between Assessor's Map 35, Parcel 9, and Assessor's
Map 34, Parcel 49; thence
Westerly a distance of 350 feet, more or less, along the boundary line between
Assessor's Map 35, Parcel 9, and Assessor's Map 34, Parcel 34, to a point; thence
Southerly a distance of 300 feet, more or less, to a point along the intersection of
Business District 1/Industrial 2 Zone line as shown on said plan; thence
Easterly a distance of 250 feet, more or less along the common boundary line of the
Business 1/Industrial 2 Zone to the point of beginning.
Containing 3.1 acres, more or less.
Petition of Marian Barrett and. Others
VOTED MAY 15, 2000
21
Article 30. Amend Zoning Bylaw — Section 7.1.2 (Lot Width). To see if the Town
will vote to amend the Zoning ByLaw at Section 7.1.2 (Lot Width) as set forth below to
correct an unintentional requirement that lots in the Village Residential (VR) zone (unlike
any other zone) must have a minimum lot width (currently 100') larger than the minimum
street frontage (85'). in all other zones, the minimum width is significantly less than the
required street frontage; the current exception for the R4 zone recognizes the smaller 100'
requirement in this zone. Since the VR zone requires minimum street frontage of 85', the
minimum lot width, to be consistent with all other zones, should be less than 85'. To correct
this unintentional omission, Section 7.1.2 is proposed to be amended by deleting the last
sentence of existing Section 7.1.2 and replacing the same with the following:
"This requirement shall apply in all zones except Residence 4 (R4) and Village
Residential (VR); for zone R4, said minimum width of the lot shall be a distance of 80 feet
and for zone VR, said minimum width of the lot shall be a distance of 80 feet"; or to take
any other action relative thereto.
Petition of Louis Nlinicucci,Jr. and Others
VOTED to amend the Zoning Bylaw, Section 7.1.2 (Lot Width) by deleting the last
sentence in the existing Section 7.1.2 and replace it with the following:
"This requirement shall apply in all zones except Residence 4 (114) and Village
Residential ); for zone R4, said minimum width of the lot shall be a distance of 80
feet and for zone V , said minimum width of the lot shall be a distance of 80 feet".
VOTED MAY 15, 2000 YES 112 NO 45
Article 31. Rezone Portion of Route 114.
To see if the Town will vote to amend the Zoning designation of the following parcel as
shown on the below portion of the assessor map and as described in more detail below, from
Village Residential (VR) to Business 4 (B4).
22
A Portion of Parcel
106I�
#2, Map ,
Parcel 63 .� further
described as P ` �� �� .® follows:
The land in � - '� '® 9 v North
Andover, with all
the buildings --�— �P\��. - r\ thereon,
bounded and
described as follows:
Beginning at a point along the northern right-of-way line of Route 114 which is a common
point of turn between lands of One Hundred Fourteen Trust and lands of John W. Hagerty;
thence proceeding northerly along a stone wall on said common line N 26 degrees 13
minutes 40 seconds E for a distance of 60.84 feet to a point; thence proceeding northerly
along a stone wall on said common line N 12 degrees 33 minutes 52 seconds W for a
distance of 113.53 feet to a point; thence proceeding northerly along a stone wall on said
common line N 04 degrees 48 minutes 05 seconds E for a distance of 136.62 feet to a point,
thence proceeding easterly N 73 degrees 34 minutes 34 seconds E for a distance of 350.00
feet to a point; thence proceeding easterly S 69 degrees 00 minutes 45 seconds E for a
distance of 633.17 feet to a point on a stone wall along the westerly line of lands now or
formerly of the Houghton estate; thence proceeding southerly along a stone wall on said
common line 02 degrees 59 minutes 14 seconds W for a distance of 300.52 feet to a point of
turn which is along the northerly line of lands now or formerly of Sal Sapienza; thence
proceeding westerly along a stone wall on said common line between lands of One Hundred
Fourteen Trust and lands now or formerly of Sal Sapienza N 65 degrees 10 minutes 05
seconds W for a distance of 455.18 feet to a point of turn; thence proceeding southerly along
a stone wall on said common line S 02 degrees 04 minutes 54 seconds W for a distance of
108.02 feet to a point; thence proceeding southerly along a stone wall on said common line
S 14 degrees 28 minutes 11 seconds E for a distance of 103.81 feet to a point; thence
proceeding southerly along a stone wall on said common line S 17 degrees 21 minutes 23
seconds E for a distance of 56.77 feet to a point; thence proceeding southerly along a stone
wall on said common line S 13 degrees 32 minutes 05 seconds E for a distance of 134.33
feet to a point; thence proceeding southerly along a stone wall on said common line SO4
degrees 58 minutes 14 seconds E for a distance of 57.09 feet to a point; thence proceeding
southwesterly along a stone wall on said common line S 64 degrees 53 minutes 10 seconds
W for a distance of 27.55 feet to a point which lies on the northerly right-of-way of Route
23
114; thence proceeding northwesterly along said Route 114 right-of-way line along a curve
having a radius of 4,840.00 feet for an arc distance of 247.48 feet to a point of curvature;
thence proceeding northwesterly along said right-of-way line N 55 degrees 17 minutes 29
seconds W for a distance of 440.83 feet to the Point of Beginning, said parcel having an area
of 9.29 acres,plus or minus.
Parcel#3, 1980 Turnpike Street, consisting of 6.55 Acres, Map 1061), Parcels 17.1, 17.2 and
17.3, further described as follows:
A certain parcel of land situated in said North Andover, on the Easterly side of the
State Highway, locally known as Turnpike Street, shown on a Plan of Lane entitled "As-
Built Condominium Site Plan, Elm Square Industrial Condominiums in North Andover,
MA." Prepared for Elm Square Builders by DiPrete-Marchionda & Assoc., Inc., Engineers,
scale 1" =40'. Said parcel is bounded and described as follows:
NORTHERLY 26.97 feet by land now or formerly of Trust Construction Corp.
WESTERLY by said land now or formerly of Trust Construction Corp. by a wall 460.55
feet;
NORTHEASTERLY by said land now or formerly of Trust Construction Corp. and Berry
Street Trust by a wall 548.22 feet;
EASTERLY, by land now or formerly of Jean Paul Proulx by a wall 737.85 feet;
SOUTHERLY by land of said Proulx 9.09 feet;
SOUTHWESTERLY by said State Highway, 774.88 feet.
Board of Selectmen
VOTED BY TWO-THIRD VOTE DECLARED BY THE MODERATOR TO ADOPT
ARTICLE 31 AS PRINTED IN THE WARRANT AND WHICH TEXT APPEARS BELOW
WITH THE FOLLOWINGAMENDMENT:
PARCEL #2 IS FURTHER DEFINED IN A DEED RECORDED WITH THE ESSEX
NORTH REGISTRY OF DEEDS IN BOOK 4158,PAGE 216; AND,
PARCEL #3 IS FURTHER DEFINED IN A DEED RECORDED WITH THE ESSEX
NORTH REGISTRY OF DEEDS IN BOOK 2259, PAGE 207,AND IS SHOWN ON A PLAN
RECORDED AS PLAN#10376 OF 1986.
VOTED MAY 15, 2000
Article 32. Complete Sewer Installation — Winter Street. To see if the town will
vote to approve the following citizen request:
Completing the Phase of the sewer installation project which will run from
the Pump Station at Bridle Path to the corner of Winter and South Bradford Streets, to
include residential properties located at 187, 197, 207 and 210 Winter Street.
Petition of Frank A. Curro and Others
UNANIMOUSLY VOTED TO "TAKE NO ACTION".
VOTE MAY 15, 200
24
Article 33. Amend Town Code — Prohibit the Use of Gasoline and/or Diesel (Or
Similar Fuel) on Fake Cochichewick. To see if the Town will vote to amend the Code of
North Andover by adding in Part 2, General Legislation, "Chapter 146 — Recreational Uses
on Lake Cochichewick and Its Tributaries", the creation of a Bylaw which reads as follows:
Chapter 146—Recreational Uses on Lake Cochichewick and Its Tributaries
146-1 Prohibitions
All gasoline or diesel powered engines, containers that transport any type of fuel, or
anything that uses such fuels, such as, but not Limited to: boats, snowmobiles, ice augers,
generators, stoves or lamps, are prohibited, unless other wise authorized by the Department
of Public works for lake monitoring and/or safety/emergency procedures.
Petition of John P. Thompson and Others
VOTED BY MAJORITY VOTE TO ADOPT ARTICLE 33 AS PRINTED IN THE
WARRANT WITH THE FOLLOWING AMENDMENT PROPOSED BY DOUG ELY 386
GREAT POND ROAD: DELETE "CONTAINERS THAT TRANSPORT ANY TYPE OF
FUEL" AND REPLACE WITH "CONTAINERS THAT TRANSPORT ANY TYPE OF
GASOLINE OR DIESEL FUEL".
THE CODE OF THE TOWN OF NORTH ANDOVER WILL BE AMENDED BY ADDING
PART 2, GENERAL LEGISLATION, CHAPTER 146—RECREATIONAL USES ON LAKE
COCHICHEWICK AND ITS TRIBUTARIES"WILL READ AS FOLLOWS:
Chapter 146—Recreational Uses on Lake Cochichewick and Its Tributaries
146-2 Prohibitions
All gasoline or diesel powered engines, containers that transport any type of gasoline or
diesel fuel, or anything that uses such fuels, such as, but not limited to: boats, snowmobiles,
ice augers, generators, stoves or lamps, are prohibited, unless other wise authorized by the
Department of Public works for lake monitoring and/or safety/emergency procedures.
VOTED MAY 15, 2000
Article 34. Licensing of Automatic AmusementDevices: To see if the Town will vote
to amend the General By-laws of the Town by adding Chapter 70, Automatic Amusement
Devices, Licensing of, by adding the following bylaw:
Chapter 70 - Automatic Amusement Devices, Licensing of
In accordance with Massachusetts General Laws, Chapter 140, Section 177A, as amended,
any individual or business desiring to keep and operate an automatic amusement device for
hire, gain or reward shall secure an annual license from the Board of Selectmen. The Board
of Selectmen shall not grant a license for any automatic amusement device which presents a
risk of misuse as a gaming device.
25
Automatic amusement devices that present a risk of misuse as gaming devices are those that
have one or more of the following:
The device involves matching random numbers,patterns or cards.
The device accumulates more than twenty-six (26) plays.
The device is equipped with a"knock off' switch, button or similar device.
The device has a mechanism for adjusting the odds.
The device has a remote control feature that can reset the device from another location.
The device is capable of returning money to the player, other than change for the excess
amount put in.
The device permits a player to pay for more than one game at a time.
Each game on the device shall cost exactly the same amount for each player and no player
may change any aspect of the game by paying a different amount than any other player
before or during the game. There shall be no metering device that accounts for both
money/points in any money/points out.
The maximum number of automatic amusement devices allowed on any single business
premises shall be four (4) except in the case of duly licensed arcades and amusement parks.
Any individual or business desiring more than four (4) automatic amusement devices on a
single business premise shall require a special permit from the Board of Appeals. All
licenses for automatic amusement devices granted by the Board of Selectmen shall be
subject to inspection by the North Andover Police Department to insure conformance with
this amusement device bylaw and the submitted application information. Any unlicensed
automatic amusement device shall be subject to immediate seizure by the North Andover
Police Department; or take any other action thereto.
North Andover Police Department
VOTED BY CLEAR MAJORITY TO ADOPT ARTICLE 33 AS PRINTED IN THE
WARRANT.
VOTED MAY 1512001
Article 35. Amend Town Bylaw— Town Meeting Date. To see if the Town will vote
to amend Chapter 59 Section 6 of the Town of North Andover Bylaws by adding the
following to the existing bylaw:
"In accordance with MGL Chapter 39, Section 9, which permits the Board of
Selectmen to postpone by vote, an Annual Town Meeting, any such postponement shall be
held on any weekday evening Monday through Thursday at 7:00 p.m. until all articles in the
warrant have been acted upon."
Chapter 59-6 will read as follows:
Annual Town Meeting shall be held on the first Monday in May at 7:OOp.m.
26
In accordance with MGL Chapter 39, Section 9, which permits the Board of
Selectmen to postpone by vote, an Annual Town Meeting, any such postponement shall be
held on any weekday evening Monday through Thursday at 7:00 p.m. until all articles in the
warrant have been acted upon."
Petition of Deborah A. Monte and Others
VOTED BY MAJORITY VOTE TO ADOPT ARTICLE 35 AS PRINTED IN THE
WARRANT.
VOTED MAY 15, 2000
The Annual Town Meeting for the Town of North Andover dissolved on Wednesday June
14, 2000 at 7:40 PM.
Respectfully submitted,
Joyce A. Bradshaw, CMMC,Town Clerk
27
FIA FR01v1 5�j 1,11H E V i 3 1 J T
GRANT OF EASE MENT
It Thomas D. Laudani, Trustee of Hillside Realty Trust u/d/t dated
June 16, 1993, recorded with the Essex North Registry of Deeds, herewith,
for consideration paid of One Dollar ($1.00), hereby grants to the
Inhabitants of the Town of North Andover, Essex County, Massachusetts,
an casement to pass and repass on and over the way known as Bucklin Road
and to use said way for all purposes for which streets and ways are
Commonly used in North Andover, Massachusetts. Bucklin Road is more
particularly described on sheet 2 of 6 of a plan entitled "Special Permit and
Definitive Plan of Meadowood 11, North Andover, Mass", dated July, 1993,
by Merrimack Engineering Services, Inc, 66 Park Street, Andover, MA
0 18 10, which plan has been filed with Essex North Registry of Deeds as
Plan No. Expressly excluded from the conveyance hereunder is the
area designated on sheet 2 of 6 of the Plan as "Temp. Cul-De-Sac Access
Easement", Grantor expressly reserves from the conveyance hereunder the
fee interest of the land subject to this casement.
For title reference see deeds recorded herewith.
Executed as a sealed instrument the day of November, 1993,
Hillside Realty Trust
13y:
Thomas D, Laudani, Trustee
and not individually
I I �U�,� ,
1: S T B0 '1011 L'!L L,YTU I'I L ; Ii
COMMONWEALTH OF MASSACHUSETTS
Essex, ss November2- , 1993
Then personally appeared the above named Thomas D. Laudani,
Trustee as aforesaid and acknowledged the foregoing instrument to be the
free act and deed of Hillside Realty Trust, before me,
J6 I i��
Notary Public
My Commission Expires'.
2
LOWR RE LSTRY OF DEEDS TEL No . 1-508-688-4679 Dec 23 , 93 9 : 04 No . 002 F . 11
a
GRANTF kASEMENT
1, Thomas D. Laudani, Trustee of Hillside Fealty Trust u/d/t dated
June 16, 1993, recorded with the Essex North Registry of Deeds, herewith, L°t
for consideration paid of One Dollar ($1.00), heresy grants to the
Inhabitants of the Town of North Andover, Essex County, Massachusetts,
an easement to pass and repass on and over the way known as Bucklin Road
and to use said way for all purposes for which streets and ways are
commonly used in North Andover, Massachusetts. Bucklin Road is more
particularly described on sheet 2 of 6 of a plan entitled "Special Permit and
Definitive Plan of Meadowood II, North Andover, Mass", dated July, 1993,
by Merrimack Engineering Services, Inc. 66 Park Street, Andover, MA
01810, which plan has been filed with Essex North Registry of Deeds as
Plan No. Expressly excluded from the conveyance hereunder is the
area designated on sheet 2 of 6 of the Plan as "Temp. Cul- e-Sac Access
Easement". Grantor expressly reserves from the conveyance hereunder the
fee interest of the land subject to this easement.
For title reference see deeds recorded herewith,
Executed as a sealed instrument the L-11� day of November, 1993. -
Hillside Realty Trust
By:
comas D. Laud an i, Trustee
and not individually , ,
LHWR REGISTRY OF DEEDS TEL No . 1-508-688-4679 Dec 23 , 93 9 :04 No . 002 P . 12
COMMONWEALTHASSA C SUS TTS
Essex, ss November (-1 , 1993
Then personally appeared the above named Thomas D. Laudani,
Trustee as aforesaid and acknowledged the foregoing instrument to be the
free act and deed of Hi)lside Realty Trust, before me,
Notary Public
My Commission Expires. '-S
2
l_HWR REGISTRY OF DEEDS TEL No . 1-508-688-4679 Dec 23 , 93 9 :04 No . 002 P . 13
wrtW '�
� `
t' i it Counselors, at l nv%,
rn
bO Wift Stre,':t
Boston, MA 0�
C A
LRWR REGISTRY OF DEEDS TEL No . 1-508-688-4679 Dec 23 , 93 9 : 04 No . 0021 P . 08
0
FORM M
CONVEYA14CE OF EASEMENTS AND UTILITIES
Thomas D. Laudani, Trustee of 16, 1993
44 Hillside Realty Trust u/d/t dated ,June/of 733 Turn pike� Street, Suite
Or the
North-A n ed o v e r Es County , assac usetts ;
r. _f'j eras on - - One hereby grants , transfers and W
(d cons�ierat on of
delivers unto the own 07IlortE An over a U1
municipal corporation in Essex Gounty , the
following .,
_yj A. The perpetual rights and easements to construct , inspect , repair,
remove , replace ) operate and forgiver maintain ( 1) a sanit*ary sewer
or sewers with any manholes , pipes , conduits and other appurtenan-
ces , ( 2) pipes conduits 4nd their appurtenances for the C0nv9Ya11ce- '
of water , and ( 3) a covered surface and ground water drain or drains..
>
0 with any manholes , pipes , conduits and their appurtenances , and to
z do all other acts incidental to the foregoing , including the right
ro to pass along and over the land for the aforesaid purposes , in ,
.P M through , and under the whole of Bucklin Road
T,
ro M dated July, 1993 said pTi"n- is ma a and said p I an
n c o r o 371�a t�ele_r e 1 n or a comp ete and detailed description of said
roads .
B . The perpetual rights and easement to use for draina
the following parcel of land situated Of Buc n Road
sx:paxz in said town Of North An over
0 and bounded and described as o owe :
0
z 20 ' Wide Drainage Easement shown on Lot 7 shown on Plan #2 -
rO 4J
Qj (0
v
The grantor warrants that the aforesaid easements are free and Cl earg.
of all liens or encumbrances , that he ( it ) has good title to trans -
fer the same , and that he will defend the same against claims of all
persons .
1-4
For grantor ' s title see deedsfrom william P. Callahan Jr,
- 19 93 and-_-Fe'corded 1n Essex
dated November �A
NorER -' Di stri cT Registry of Deeds ,7ve� t
herewith.' - -7—Mrge r under Certificate of Title No .
4c regis ere nDistrict
0 he-TM court , Book age
*G. Callahan
To be completed If a mortgage exists :
And of
the pre " "fjiolder of a
mortgage which mortgage is dated
19 d recorded in said Deeds , Boo
7dqe , or ,consideration paid , hereby releases
FA unTo tie town forever r�oni_ the operation of said mortgage , the rights
and easements hereinaboye granted and assents thereto .
LAWR REGISTRY OF DEEDS TEL No . 1-508-688-4679 Dec 2 , 93 9 : 04 No . 002 P . 09
Hillside k ty Trust _
Th6f s D. Laudani Trustee and
Authorized signature of Mortgagee Owner not individually
IN WITNESS WHEREOF we have hereunto set oiar handstand .seals this
day of November
COMMONWEALTH OF MASSACHUSETTS
i
Essex s - November , 19 2,3_
Then personally appeared the above named Thomas D. Laudanz , Trustee
and acknowledged the foreaoinQ to be hi s f ree
act and deed , before me ,
Notary Public
My commission Expires :
NOTE : This conveyance is not effective until accepted by Town Meeting
or the Board of Selectmen .
LAIUR REGISTRY OF DEEDS TEL No . 1-508-688-4679 Dec 23 , 93 9 : 04 No . 002 P . 10
' S
ul
c% `t
LEVY & HALPERIN
COUNSELLORS AT L A W
FIFTY MILK STREET
BOSTON, MASSACHUSETTS 02109
TELEPHONE (617) 350-7100
OF COUNSEL
ELIOT F. PARKHURST
FAx (617) 350-7101
April 27, 1994
BY FAX AND FIRST CLASS MAIL
Ms. Kathleen Bradley Colwell
Town Planner
Town of North Andover
120 Main Street
North Andover, MA 01845
e® Phillips Common & Meadowood Road Conveyance
Dear Kathleen:
Pursuant to our conversation please find enclosed the following
documents:
Phillips Common
1. Proposed Grant of Way.
2. Typical Lot Deed containing reservation to convey roadway to
Town.
3. Sanitary Sewer, Drainage and Water Main Easement, dated
January 23, 1992 and recorded with the Essex North Registry
of Deeds at Book 3385, Page 169.
eadowood
1. Proposed Grant of Way.
2. Typical Lot Deed containing reservation to convey roadway to
Town.
3. Drainage Easement, dated January 7, 1992 and recorded with
the Essex North Registry of Deeds at Book 3693, Page 78.
LEVY & HALPERIN
Ms. Kathleen Bradley Colwell
Town Planner
Town of North Andover
Page Two
April 27, 1994
4. Drainage Easement, dated July 27, 1992 and recorded with the
Essex North Registry of Deeds at Book 3790, Page 105.
5. Master Declaration of Meadowood, dated July 14, 1993 and
recorded with the Essex North Registry of Deeds at Book
3781, Page 90 containing reservation to convey roadway to
Town (Article 11 §2.01 B.).
If the Grant of Ways is in an acceptable form I will have Tom arrange
for the originals to be executed and delivered to your office.
Please let me know if there is any further documents you require in
order for the Planning Board to make a favorable recommendation for the
acceptance of the roads or for the Town Meeting to act on these matters.
Very truly yours,
Robert W. Levy
RWL/sf
Enclosure
cc: Thomas D. Laudani
ANT OF WAY
MEADOWOOD ROAD
NORTH ANDOVER9 MASSACHUSETTS
Thomas D. Laudani, Trustee of the Meadows Realty Trust under
Declaration of Trust dated July 30, 1992 and recorded with Essex North
Registry of Deeds, Book 3639, Page 18, of North Andover, Essex County,
Massachusetts, for consideration paid, and in full consideration of less than
$100.00 grants to The Inhabitants of the Town of North Andover, Essex
County, Commonwealth of Massachusetts all of my right, title and interest
in and to the way known as Meadowood Road in North Andover,
Massachusetts, being shown on sheet 2 of 7 of a plan entitled "Special
Permit and Definitive Plan, Meadowood, North Andover, Mass., Owner and
Developer: Meadows Realty Trust, P. O. Box 6700, Suite 209, North
Andover, Massachusetts dated September 15, 1992, by Merrimack
Engineering Services, Inc., 66 Park Street, Andover, MA 0 18 10, filed with
the Essex North Registry of Deeds as Plan No. 12178 (the "Plan"),
including the area designated as "Tot Lot" on sheet 3 of the Plan.
For Grantor's title see deeds recorded with Essex North Registry of
Deeds, Book 3639, Pages 52, 56 and 57 and reservation of right to convey
the property granted herein in the Master Declaration of Meadowood In
North Andover, Massachusetts, Reservations and Restrictions, recorded
with Essex North Registry of Deeds at Book 3781, Page 90 and the
reservation contained in each of the deeds to the Lots abutting said way.
WITNESSmy hand and seal this day of April, 1994
Thomas D. Laudani
Trustee and not individually
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. April _, 1994
Then personally appeared the above-named Thomas D. Laudani,
Trustee as aforesaid, and acknowledged the foregoing instrument to be his
free act and deed, before me,
Notary Public
My Commission expires:
DEED
Thomas D. Laudani, Trustee of the Meadows Realty Trust under
Declaration of Trust dated July 30, 1992 and recorded with Essex
North Registry of Deeds, Book 3639, Page 18 , of North Andover,
Essex County, Massachusetts, for consideration paid, and in full
consideration of $158, 900 . 00
grants to Raymond L. Parvin and Laureen A. Parvin,
of 62 Meadowood Road, North Andover, Massachusetts 01845
with QUITCLAIM COVENANTS
a certain parcel of land with buildings thereon in North Andover,
Massachusetts, being shown as Lot 6 on sheet 2 of 7 of a plan
entitled "Special Permit and Definitive Plan, Meadowood, North
Andover, Mass. , Owner and Developer: Meadows Realty Trust, P. 0.
Box 6700, Suite 209, North Andover, Massachusetts" dated September
15, 1992 , by Merrimack Engineering Services, Inc. , 66 Park Street,
Andover, MA 01810, filed with the Essex North Registry of Deeds as
Plan No. 12178 (the "Plan") , containing 25, 017 square feet of land,
more or less, according to the Plan.
This conveyance is subject to the right of Grantor, which Grantor
expressly reserves from the conveyance hereunder, to dedicate or
convey to the Town of North Andover the way shown as Meadowood Road
on the Plan as a public way at such time as the town is willing to
accept such dedication or conveyance, including the right to convey
to the town the fee interest of the land in said way.
This conveyance is subject to the following:
1. Easements, no-cut zones, conditions, restrictions and notes
contained on, or referred to in, the Plan;
2 . Sewer Access and User Agreement by and between Flowage, Inc
and Christopher J. LeSaffre, Trustee of Meadows Realty Trust, dated
December 4, 1992 , recorded with the Essex North Registry of Deeds at
Book 3639, Page 125;
3 . Master Delaration of Meadowood dated July 14 , 1993 and
recorded with Essex North Registry of Deeds at Book 3781, Page 90;
4 . Conservation Restriction dated April 8 , 1993 and recored
with Essex North Registry of Deeds at Book 3790, Page 106 ; and
5. Such other easements, restrictions, reservations and other
matters of record that are in force and applicable.
-1-
10, 3 . 579
The address of the Grantee and property is 62 Meadowood Road, North
Andover, MA 01845.
For Grantor' s title see deeds recorded with Essex North Registry of
Deeds, Book 3639, Pages 52 , 56 and 57 .
WITNESS my hand and seal this day of August, 1993 .
Thomas D. Laudani
Trustee and not individually
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. August _, 1993
Then personally appeared the aboved-named Thomas D. Laudani,
Trustee as aforesaid, and acknowledged the foregoing instrument
to be his free act and deed, before me,
, Notary Public
My Commission expires:
-2-
10, 3 . 579
LEVY & HALPERIN
COUNSELLORS AT LAW
FIFTY MILK STREET
BOSTON, MASSACHUSETTS 02109
OF COUNSEL TELEPHONE (617) 350-0405
ELIOT F. PARKHURST
FAx 16171 350-8968
December 22 , 1992
BY TELECOPY
Karen H.P. Nelson
Director
Town of North Andover
Planning & Community Development
120 Main Street
North Andover, MA 01845
Re: Meadowood Estates
Dear Ms. Nelson:
Enclosed please find a proposed Drainage Easement to be
granted to the Town of North Andover in connection with the
Meadowood Estates. The Easement references the subdivision plans
for specific location of the easement.
Also, as in the case of Phillips Common, the no-cut line
will be established by deed restrictions in the individual deeds
to purchasers. In addition, the subdivision plans delineate the
25 foot wetland setback and the limit of clearing.
We would appreciate your assistance in securing the
necessary signatures of the plans in anticipation of a closing
this week.
Thank-you for your attention to this matter.
Very truly yours,
Preston W. Halperin
PWH/sf
cc: Thomas D. Laudani
DRAINAGE EASEMENT
Christopher J. LeSaffre, trustee of Meadows Realty Trust,
u/d/t dated July 30, 1992 , recorded herewith, with a usual place
of business at P.O. Box 6700, Suite 209, North Andover, Essex
County, MA 01845 owner of a certain parcel of land situated in
CA
North Andover, Essex County, Massachusetts hereinafter described
for nominal consideration, less than $100. 00, paid, grants to the
TOWN OF NORTH ANDOVER, a municipal corporation located in said
Essex County, having the following address: Town Hall, 120 Main
Street, N. Andover, Massachusetts 01845, the right and easement,
across, under, and through the property hereinafter described for
the purpose of drainage of surface water; provided, however, this
easement is intended only to allow the natural flowage of surface
water which will exist upon completion of the Meadowood Estates
subdivision and is not intended to allow any construction
activity within the easement area.
The drainage easement area is located on lots 1 through 8
and is shown as the Proposed Drainage Easement on Sheet #2 of #7
on a plan entitled "Special Permit and Definitive Plan of
Meadowood, North Andover, MA, dated September 15, 1992 , Merrimack
Engineering Services, 66 Park Street, Andover, MA 0181011 , which
plan is filed with the Essex North Registry of Deeds as Plan
# 1a,/!Z!g •
e-
M
For Grantors title see deeds of Herbert P. and Joan Redman,
Jerome Preston, Jr. , John Margolis and Nadia Margolis, Trustees CD
of the Morton Margolis Revocable Trust - 1990, John A. Bilicki, z X
0, M
Mary Kaslow, Julia Brown and Frank Bilicki, recorded herewith. Q
-4
Witness its hand and seal this day of January, 1993 . a
0
MEADOWS REALTY TRUST
By:
Christoph J / L ffrd, Trustee
COMMONWEALTH OF MASSACHUSETTS
/ , ss. January '7 1993
Then personally appeared the above-named Christopher J.
LeSaffre and acknowledged the foregoing instrument to be his free
act and deed as trustee of Meadows Realty Trust.
Robert/ W. Levy, Notary Public
My commission expires 3/30/95
10, 1. 541
Litt .ALF .I,�
M$VL 0AS PN Lail
ovow
6a k � l
`d x t0191 350•OD6Z
TO ` .
10
DATE T IMF E
NUMBER OF PAGES � —�� _ (IMCLUDING TMIS COVER PAGE]
pleale call arter reviewing a.._ !mediate respotso,
enclosed drafO requosted.
Enclosed per our converoation ror your forxation
or pursuant to your requesto only,
hot000 this y - Hard copy to toylow
and return original by by mail or by
ovarnight mail or by hanA. Viand delivery,
ADDITIONAL COMMENTS/INSTRUCTIORW � f��r�
j r _
IF YOU DO NOT RECEIVEW OP e CALL US AT (617) 350s040&
PAX OPERATOW, OUR PAX NO. I (617) 350-8966 o
FAX NUMBER OF RE IPIEN0
PAX COPIES TVnax- -
C TIALITY NOTE Z i contains privileged and
owMaRtfal—InTrAMR. 1 , out not the intended recipient
or the a loe o agent of �� i t recipient, you ,are
hereby notified that any diza*Minatiop or copying f this
facsimile is striati yrohibit04, Xf you have received this fax
in error, please notify s immediately y t ? phon (call
collect) and destroy the on i l4
4
Christopher U. L*Sf fte# of Neadowe RealtyTrllst,
U/d/t dated auly , 1992, V dad huawith, with a usual play
of business at P.O, Box 6700, Nutte 209, North Andover; Essex
County, YTA 01845, owner of a gartainf land situated in
North Andover, EMMOX County hUaetts hereinafter described
for nominal consideration, I than $100, 00, paid, grants to the
TOWN F NORTH ANDOVER, a munifsipal corporation located in said
kssax County, having the follMing Ad4rsomsa Town Hall, 120 Main
Sty , X. Andover, Mamoachueqfts 0184ge the right and meat,
across, under, and through tM property hereinafter described for
the purpose of drain of watery livid d, however, this
easement is intended only to %&low the napurral flowage f murface
water which will exist upon o"platior. of the Mmadowood gotatem
subdivision and im not iAt8n4AW to allow any construction
activity within the oaswiasnt
The drain 4rainage easementis located an lots I through 8
and is shown as the Proposedto _ eat an Sheet 02 of 47 on a plan n i l d "Sp of .l PaSmit and Definitive Plan of
Neadowoody North Andover, KA, dated September 1 , 1992, Merrimack
Engineering seri , , Andover, MA 01111, which
plan io filed with the Essex Yoeth Regimtry. of Deeds an Plan
For Grantors titleo2 Herbert P. and Joan Redman.,
Jerome Preston, Jr. , aohn M Clip and NaduMargolis, Trustees
of h Morton Margolis vo - 1990p John A. Bilickio
Mary Kamlow, Julia Brows and roaak Bili@ki, recorded herewith.
Witness its hand and seea 'shim day of January, 1993 ,
LTYTUT
WMA .- r Tr
C0Mbf.0XW,9ALj1Q ,.,, SETTS
an , 1993
Then personally aypeared Me aboven-nazed Christopher J.
LeSaffre and acknowledged the i instrument to be his free
act and dead as trustee ot HaaftWo Itselty Trunt.
CoMissiOn oxyi 3/30/95
loel- 4l
DRAINAGE EASEMENT
r -
Trust, 1/t �
]ani, a of Meadows Realty O1 feeds
Thomas D. tr. ith Essex North Registry O. gox
ted July 30, 19�Ll8Tewithea usual place of business
01845at owner of
oa 3639, pag Essex County, Essex County, �
e
at Book North Andover,
6700, suite 209'. of land situated in North And, a
a certain parcel described for nominal conA ANDOVER,I
Massachusetts hereinafter rants to the TOWN OF NORTH AN
less than $100.00, P
aid, gid having the
al -core N. Andover, and
oration located 1120aainsStreetunty, under,
municip address Town Hall, across,
following the right and easement, the purpose Of
g{assachusettsrolerty hereinafter, ( this easement is
through the property provided,flowage of surface water which N
drainage of surface water; P �
only to allow the natural eadowowithin the _
intended upon completion of the Meadowoti subdivision and is
will exist up construction activity
not:intended to allow any
easement area. 4 and 5 -a
plan
The drainage easemedovsrtN
nt are loot La do in lots North "
plan entitleEasement Drawndfor Meadows nR�lty
and is shown Proposed Drainage '
Showing 1993, which plan is filed with the Essex
Trust1°, dated July 191
North Registry
of Duds as Plan #� -� M
Page 52, 56 and 57.
For Grantors gook 5639,eedeeds recorded with Essex North ?-
Registry of Deeds, 1 ty day o! July, 1993. b �.
Witness its hand and seal this �
TY TRUST
MEADOWS REAL fa
O rr
BY:
z —
)' Laudan , Trustee
Thomas D.
COMMONWEALTH OF MA5SACHUSETTS -
��
J 1993
July LLL'
EgseX, ss. Laudani ,
e-sonally appeared the rumen ton Thomas D.
m krr,
Then P instrument to be his free act andkiq�
Trust. °w�...........d .
and acknowledged the foregoing �:6>
deed as trustee of Meadows Realty
r 3 •a ,:
Pidb1 c a
otary ssion exP ices: �s� °c:�s�`''® �`
My commi �,
LINDA E MARKHAM gggg:aeeet _ :�
- Naem�y Pubita
My CowWmW L%plm Febnwy 24,2000
10,1.541
�+
K
w
MEADOWOOD
MASTER DECLARATION OF MEADOWOOD
IN NORTH ANDOVER; MASSACHUSETTS
RESERVATIONS AND RESTRICTIONS
This Master Declaration of Meadowood made this M day of
July, 1993 by Thomas D. Laudani, trustee of Meadows Realty Trust,
u/d/t dated July 30, 1992 , recorded with the Essex North Registry
of Deeds at Book 3639, Page 18 (hereinafter referred to as
Declarant) , being the record owner of certain land located in
North Andover, Essex County, Massachusetts, hereinafter more
particularly described in Article I below.
WHEREAS, Declarant intends to create a residential
community on said land, together with other amenities therein,
including without limitation, public and/or private ways for
circulation, access to residences and. utility services; and
WHEREAS, in furtherance thereof it is desired to establish
common and mutual covenants, conditions, reservations and
restrictions;
NOW THEREFORE, Declarant hereby declares, provides and
covenants as follows:
ARTICLE I
SUBJECT PROPERTY
A certain parcel of land located in North Andover, Essex
County, Massachusets and shown on a plan entitled "Special Permit
and Definitive Plan of Meadowood, North Andover, Mass" , dated
September 15, 1992 , by Merrimack Engineering Services, Inc. 66
Park Street, Andover, MA 01810, which plan has been filed with
Essex North Registry of Deeds as Plan No. 12178 , comprising of
and encompassing Meadowood Road, Lots l through 16, inclusive,
Lot 18 , Lot 20, Lot 23 , Lot 24 and Lot C all shown on said Plan,
together with other parcels of land shown as Lot 19A, Lot 21A,
Lot 22A and Lot 25A on a plan entitled 11Plan. of Land in North
Andover, MA. , Drawn for Meadows Realty Trust, P.O. Box 6700,
Suite 209 , North Andover, Mass. " dated May 4 , 1993 , by Merrimack
Engineering Services, Inc. , 66 Park Street, Andover,., MA 01810,
filed with the Essex North Registry of Deeds as' Plan-'N�o. 12230,
together with another parcel of 1-and shown ash Lot #17Afon a plan
entitled "Plan of Land in North Andover, MA. ;D.r.awn..-.foi Meadows
Realty Trust, P.O. Box 6700, Suite 209 , North Andover, Mass. "
dated January 7, 1993 , by Merrimack Engineering Services, Inc® ,
66 Park Street, Andover, . MA 01810, filed with the Essex North
Registry of Deeds as Plan No. 12182 (collectively the "Plans") .
-1--
10, 1® 633 . 5
1 �9
ARTICLE II
LAND CLASSIFICATIONS
PROPERTY USE AND RESTRICTIONS
Section 2 . 01 Land Classifications
The land within Meadowood is hereby divided into the
following use classifications :
A. Resident Areas. Referring to each of the lots numbered
1 through 16 nclus ,ve, 18 through 25 inclusive, Lot C and Lot
17A as shown on the Plans.
B. Common Areas. Referring to the easements now
designated of record, or to be hereinafter designated by
Declarant in its sole discretion as being reasonably necessary,
being situated within the subject property described in Article I
above and the appurtenant rights and easements. to each lot owner,
during each lot owners period of ownership to use all roadways
and the area designated as the "Tot Lot" , all as shown on the
Plans (the "Tot Lot" is shown on page 3 of Plan No. 12178) ,
together with others lawfully entitled thereto. Declarant
expressly reserves the right to dedicate or convey to the Town of
North Andover the way shown as Meadowood Road on the Plans as a
public way and/or the area shown on Plan No. 12178 as the "Tot
Lot" at such time as the town is willing to accept such
dedication or conveyance, including the right to convey to the
town the fee interest of the land in said way and/or said "Tot
Lot" .
Section 2 . 02 . Residence Areas; Permitted Uses and Restrictions .
Each Residence Lot shall be for the exclusive use and
benefit of the owner or owners thereof, subject, however, to all
of the following limitations and restrictions:
A. Residential Use. No building or other structures of
any kind shall be erected, placed or allowed to stand on a
Resident Lot except a single family residential dwelling house
permitted under applicable law, together with accessory buildings
and structures normally appurtenant to such a dwelling situated
in North Andover. All garages, if any, shall be constructed as
an integral part of the dwelling house. No garage shall be used
for the storage of commercial vehicles or construction equipment.
No business activities of any nature shall be continuously or
regularly conducted upon any Residence Lot, and no advertising
signs shall be displayed thereon, except that a. lawyer,
physician, architect, dentist, real estate broker, insurance
agent, artist, or writer residing Ina dwelling house thereon may
maintain an office for his/her professional use subject to the
Provisions of the .North Andover Zoning By-law, and may employ not
more than one person and may display a small professional
nameplate on the Residence Lot. Nothing herein shall be deemed
to prevent the leasing of a Residence Lot from time to time by
-2-
10, 1. 633 .5
the owner thereof subject to the provisions of this Declaration.
Nothing contained in this Master Declaration shall be deemed to
prevent the Declarant from (i) maintaining a model home, business
office and/or construction field office on any of the Residence
Lots; (ii) conducting business activities upon any Residence Lots
with such number of employees as Declarant shall desire; (iii)
maintaining or storing of commercial vehicles or construction
equipment; or (iv) displaying such advertising signs as the
Declarant may desire.
B. Animals. No pets, .animals or birds shall be kept or
maintained on any Residence Lot, being of such type or in such
number as to be noisy or offensive, and no pets , animals or birds
shall be allowed to pass onto or enter land within Meadowood
other than the Residence Lot of the owner thereof, unless such
pet, animal or bird is suitable leashed, caged or otherwise
physically controlled and/or restrained; provided, however,
notwithstanding the foregoing, no poultry house or yard, rabbit
hutch, dog, cat or other type of kennel , shall be erected or
maintained on any Residence Lot nor shall pigs or other barnyard
animals be stabled or maintained thereon.
C. Improvements and. Alterations . No buildings, fences or
structures of any kind, or additions thereto, or driveways shall
be erected, placed or allowed to stand upon any Residence Lot
until the size, plans, specifications and locations thereof shall
have been approved in writing by Declarant, or an architect so
designated to perform such professional service by .Declarant.
Declarant shall have the sole and exclusive right to refuse to
approve any plan, design specifications or building materials
which Declarant deems not suitable or desirable for the overall
development of Meadowood. No loam, sand, gravel , or other soil
material, except that resulting from customary landscaping and
construction permitted and approved hereunder, shall be removed
. from any Residence Lot. The erection of any approved structure
on a Residence Lot, one begun, shall be carried forward to
completion with reasonable diligence, specifically including the
landscaping thereof.
D. Ten orary Occupancy. No trailer, mobile home, camper,
temporary bu lding or structure of any kind, shall be used for a
residence, either temporarily or permanently.
E. Trailers and Tents. No trailer, mobile home,
commercial vehicle, construction- equipment, camper, permanent
tent or similar structure, shall be kept, placed or maintained
upon any Residence Lot or on any vehicular access areas in such a
manner as to be visible from neighboring property; provided
however, that the provisions of this paragraph shall not apply to
temporary construction shelters or facilities maintained during
and used exclusively in connection with the construction. of any
improvement approved by Declarant, or its designee.
-3®
10, 1. 633 .5
r--:
' Y
F. Nuisances. No rubbish debris
brush of a , .dead trees or heavy
ny kind shall be placed or p any Residence Lot which will or may re ermitte to accumulate upon
nder theany
toranyn Other eResidenceiLoty/and unsightly,
offensive or detrimental
maintained which is or may ,be offensive Ordetrimental shall be otouanyd or
other Residence Lot in the vicinity thereof, or to its occupants.
s Repair of Butldinn__ No buildings or structure upon
any Residence Lot shall be permitted to fall into disrepair, and
such building and structure shall at all times be kept in good
condition and repair and adequately painted or otherwise
finished.
H. Trash Containers and Collectors . Trash, rubbish and
garbage shall be kept in covered containers which shall be
properly screened and/or enclosed so as not to be visible from
neighboring properties or roadways, except for such necessary
Periods when such containers are made available for collection.
I. Communication Facilities. Outside television and/or
radio antennas or aer als and satellite dishes and other similar
outside communication facilities are prohibited.
J. Clothes Dr in Facilities. No Outside clothes lines or
other outs dl e fa—cillt es for dry ng or airing clothes which are
visible from neighboring property shall be erected or maintained
on any Residence Lot.
K. No Above-Grounq swimminPool. No above-ground
swimming pool shall be erected or maintained on any Residence
Lot.
L. Restrictions on Further subdivision.
shall be further subdivided. No Residence Lot
Signs. No signs shall be erected or maintained on any
Residence Lot, except,
(1) Such signs as may be required by law;
(2) A residential identification sign having a total
face area not larger than seventy-two (72) square
inches;
(3) During the time of construction of any building or
other improvement, one job identification si
larger in area than three (3) square feet; gn not
(4) A "For sale" or "For Rent" sign, of reasonable
type, size and appearance, but only if attached to
the building (and not free standing or attached to
any pole or tree) . .
-4-
1n . 1 _ F7Z q
N. Swi.ngsets . No swingset may be installed or maintained
on any Residence Lot unless it is a wood structure and has been
approved in writing by Declarant or his successor as provided
herein.
0. No Cut Zone. No trees in the area designated on the
Plan No. 12178 as "Exist. 25 ' Wide Wetland Setback (No Cut Zone) "
shall be cut or otherwise destroyed, except for the cutting or
pruning in the course of normal maintenance or to implement
disease prevention measures, without the express permission of .
the North Andover Planning Board.
Section 2. 03 Common Areas; Permitted Uses and Restrictions.
The Comumon Area shall be subject to the following
limitations and restrictions:
A. TOT LOT. There shall be no use of the Tot Lot which
injures or scars the area, the equipment or plantings, if any,
thereon, increases the maintenance thereof, or causes
embarrassment, nuisance, disturbance or annoyance to others.
There shall be no littering in or about the Tot Lot, all trash s
to be disposed only in appropriate trash containers. The use of
the Tot Lot shall be at the sole risk of the user(s) and in no
event shall the Declarant be liable for any injury to person or
property in connection with the Tot Lot. The use of the Tot Lot
by minors shall only be under the supervision of a parent or
legal guardian. The Tot Lot shall be restricted to certain
posted hours of use and subject to such rules and regulations as
may be imposed by the Declarant, the Association, as hereinafter
. described, if and when created, or the Town of North Andover, if
and when dedicated or conveyed to the Town.
Section 2 . 04 Residence Areas: Construction of Improvements and
Alterations.
A Application for Approval of Improvements and
Alterations. Any owner of a Residence Lot proposing to make any
improvement which, under Section 2 . 02 hereof, requires the prior
written approval of Declarant, or its designee, shall apply for
approval by delivering a written application describing the
nature of the proposed improvement, together with such of the
following documents and information as are pertinent, in such
number of copies as the Declarant, or its designee may require.
(1) A plot plan of the affected property showing the
location of existing and proposed improvements and
alterations ;
(2) Floor plans and landscaping plans;
(3) Drawings showing all elevations;
®5®
r
(4) . A description of exterior materials and colors,
with color samples; and
(5) The owner's proposed construction schedule.
B. Basis for A roval f Improv
r. ements and Alterations.
The Declarant, o its de o
s gnee, shall , after cons deration of the
items set forth in the foregoing Paragragh A and such other
matters as it deems necessary, grant the requested approval if
the Declarant, or its designee, determines that:
(1) The proposed improvement or alteration conforms to
the provisions of this Declaration and the
restrictions herein set forth;
(2) The proposed improvement or alteration is
reasonably compatible with the standards of
Meadowood and the purposes of this Declaration as
to quality of workmanship and materials, as to
harmony of external design with existing
structures, and as to location with respect to
vegetation, typography, finished grade, and views
from other buildings and building sites; and
(3) The proposed improvement or alteration complies
with all applicable laws, specifically including
the zoning by-laws and building code requirements
of the Town of North Andover.
C. Form of Approval . All approvals given under the
foregoing paragraph shall be in writing, provided, however, that
any such application for approval which has not been acted upon
within thirty (30) days from the date of submission thereof to
the Declarant, or its designee, shall be deemed approved. The
deed of a particular lot by Declarant shall be conclusive
evidence that as of the date of such deed the approvals required
hereunder have been granted as to the lot conveyed. In the event
of such failure of Declarant to act upon such application within
said thirty (30) day period, the owner owner of the Residence Lot
which submitted said application may record at the North Essex
Registry of Deeds an Affidavit, sworn to under the penalties of
perjury, reciting same, and said affidavit shall upon recording
be of the same force and effect as a certificate of approval
issues by Declarant.
D. Proceeding with work. Upon receipt of approval from
the Declarant or its designee, or upon the lapse of thirty (30)
days without action as provided in Paragraph C of this Section
2 . 04 , the owner of the Residence Lot shall, as soon as
practicable, commence and diligently proceed with the proposed
construction, refinishing, alterations and excavation in
accordance with the owner's proposed construction schedule set
forth in the documents accompanying his/her application for
approval.
-6-
10, 1. 633 .5
E. Failure to Complete Work. In the event that the
construction, reconstruction, refinishing; or alteration of any
improvement is not completed within a reasonable time, or having
been completed does not comply with the approval therefor given,
the Declarant, or its designee, may direct and order the owner to
remedy the non-compliance or remove the improvement. If the
owner . does not comply with the order within the period set forth
in the order, the owner shall reimburse the Declarant, or its
designee® upon demand, for all reasonable expenses and legal fees
incurred in connection with the enforcement thereof.
2 . 05 Association of Homeowners .
A. After the Declarant has conveyed all 26 Residence Lots
the then record owners of 19 or more of the 26 Residence Lots may
form an association of homeowners (the "Association") . The
purpose of the Association shall be to assume any and all rights
and obligations of the Declarant under the Declaration, including
without limitation, the right to approve or disapprove any
request which requires the written approval of Declarant.
B. The Association shall be in such form as voted by the
record owners of 19 or more Residence Lots, provided that the
formation of the Association shall be in writing, executed by the
required record owners of Residence Lots and .notice thereof shall
be recorded with the Essex North Registry of Deeds on which
notice reference shall be made to the Declaration.
C. All rights of approval by Declarant pursuant to the
Declaration shall expire as to the Declarant, but not as to the
Association if and when created, upon the earlier of:
(i) six (6) months following the sale of the last Residence
Lot by Declarant; or
(ii) the formation of the Association as provided herein.
If after six (6) months following the sale of the last
Residence Lot by the Declarant no Association is formed, as
provided herein, no approvals shall be necessary as to matters
requiring the written approval of Declarant unless and until such
time the Association is formed.
D. Notwithstanding anything contained herein or the
Declaration to the contrary, so long as Declarant owns any
Resdential Lot(s) , Declarant shall have the sole and exclusive
right and authority to approve or disapprove any request which
requires written approval and so long as Declarant owns any
Residence Lot(s) no amendment affecting these rights shall be
valid unless executed by Declarant.
E. Nothing contained herein shall prevent the Declarant
from assigning its rights as Decl-avant to a third party which
-7-
10, 1. 633 . 5
a_
shall succeed to Declarants rights and obligations hereunder. A
conveyance of one or more Residence Lot(s) to the assignee of
Declarant°s rights and obligations hereunder shall not be deemed
to be a conveyance within the . meaning of this Article or the
Declaration.
ARTICLE III
MISCELLANEOUS PROVISIONS
Section 3 . 01 Amendment and Duration
A. Amendment. Except as otherwise herein expressly
provided, this Declaration may be amended at any time by:
1 A vote adopted, or written consent to, the proposed
amendment by the record owners of 19 or more of the 26
Residence Lots. Such amendment shall not be effective until
there has been filed and recorded a certificate signed by
the Declarant, or its designee, setting forth the amendment
and the facts relating to its adoption. However, no such
amendment shall be adapted that substantially derogates from
the original intent and purposes of this Declaration or
otherwise is to the detriment of the Residence Lots or
Owners; or
2 . The Declarant, who may amend this Declaration for
any purpose so long as Declarant is the record owner of not
less than 7 of the 26 Residence Lots.
B. Duration of Restriction. Subject to the provisions of
Paragraph A of Section 3 . 01 hereof, the restrictions set forth in
this Declaration shall continue and remain in full force and
effect in all events until thirty (30) years from. this date, and
may thereafter be extended and continued in full force and effect
for further periods of twenty (20) years each in the manner
provided in Massachusetts General Laws Chapter 184, Section 27,
as it may be amended from time to time.
Section 3 . 02 Enforcement and Non-waiver.
A. Right of Enforcement. The restrictions set forth in
this Declaration are for the benefit of all the land described
herein and shall run with the land. Except as otherwise provided
herein, any owner of any Residence Lot, the Declarant, or its
lawful designee, shall have the right to enforce any or all of
the provisions of this Declaration, including without limitation,
the restrictions herein set forth.
B. Violation of Law. Any violation of any applicable
local, state or federal law or government regulation pertaining to
the ownership, occupation or use of any property within Meadowood
is hereby declared to be a violation of this Declaration and of
the restrictions herein set forth and. subject to any or all of the
enforcement procedures set forth 'in the Declaration.
-8-
10, 1. 633 . 5
SECTION 3 . 03 Delivery_ of Notices and Documents .
Any written notice or other document relating to or
required by this Declaration may be delivered either personally
or by mail. If by mail, it shall be deemed to have been
delivered forty-eight (48) hours after a copy of same has been
deposited in the United States mail , certified or registered
mail, postage prepaid, return receipt requested. Declarant' s
mailing address shall be 733 Turnpike Street, Suite 209 , North
Andover, Massachusetts 01845 or such address contained on a
notice recorded with the Essex North Registry of Deeds on .which
notice reference shall be made to this Declaration.
Section 3 . 04 Construction and Severability: Singular and
Plural.
A. Provisions Severable. Each of the provisions of this
Declaration shall be deemed independent and severable, and the
invalidity or partial invalidity of anyprovision or portion
thereof shall not affect the validity or enforceability of any
other provision.
B. Singular Includes Plural. Unless the context requires
a contrary construction, the singular shall include the plural
and the plural and singular; and the masculine, feminine or
neuter shall include the masculine, feminine and neuter.
C. Captions. All captions or titles used in this
Declaration are-1—ntended solely for convenience or reference and
shall not affect that which is set forth in any of the provisions
hereof.
D. Definitions. Whenever the context so permits, all
references to the term "Residence Lot" contained within this
Declaration shall include each Lot numbered 1 through 16
inclusive, Lot 17A, Lot 18 , Lot 19A, Lot 20, Lot 21A, Lot 22A,
Lot 23 ,, Lot 24, Lot 25A and Lot C all as shown on the Plans.
MEADOWS REALTY TRUST
By:
ThToams'D. Laudani,
Trustee and not Individually
10, 1. 63J . 5
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. (�
July L7 , 1993
Then personally appeared the above-named Thomas D. Laudani
and acknowledged the foregoing instrument to be his free act and
deed as trustee of Meadows Realty Trust, before me,
Notary
My commission expires:
LINDA E. MARKHAM
Natwry Poblfe
Y,ComnJ®si®n Eapir.'F.brupry 24,2000
-10-
1.0, 1. 633 .5
LEVY HALPERIN
COUNSELLORS AT LAW
FIFTY MILK STREET
BOSTON, MASSACHUSETTS 02109
TELEPHONE (617) 350-0405
OF COUNSEL
ELIOT F. PARKHURST FAX (617) 350-8966
May 13 , 1993
Thomas D. Laudani
Meadowood Development Corp.
733 Turnpike Street
Suite 209
North Andover, MA 01845
Re: Meadowood Conservation Restriction
Dear Mr. Laudani:
Enclosed please find the Conservation Restriction for
Meadowood. Please have Chris LeSaffre sign the document before a
Notary Public and deliver the original to Kathleen Bradley.
Thank you for your attention to this matter.
Very truly
Susan E. Chisholm
Paralegal
SEC
Enclosure
CONSERVATION RESTRICTION
I. GRANTOR CLAUSE:
I, Christopher J. LeSaffre, Trustee of Meadows Realty
Trust, u/d/t dated July 30, 1992 , and recorded in North Essex
Registry of Deeds on January 7, 1993 as Instrument No. 523 ,
having an address at 733 Turnpike Street, Suite 209, North
Andover, Massachusetts 01845 ("Grantor") , acting pursuant to
Sections 31, 32 and 33 of Chapter 184 of the General Laws, grant,
with quitclaim covenants, to the Inhabitants of the Town of North
Andover, acting by and through its Conservation Commission,
located at 120 Main Street, North Andover, Massachusetts, and
its successors and permitted assigns ("Grantee") in perpetuity
and exclusively for conservation purposes as set forth in Section
8C of Chapter 40 of the General Laws, the following described
Conservation Restriction on a parcel of land located in the Town
of North Andover, Massachusetts, said parcel being described as
follows (the "Premises") :
The easterly portions of Lots 1 through 8 designated as
being within the "Existing Wetlands Edge" as shown on Sheet 3 of
7 of a plan entitled "Special Permit and Definitive Plan,
Meadowood, North Andover, Mass. , Owner and Developer: Meadows
Realty Trust, P.O. Box 6700, Suite 209, North Andover,
Massachusetts, " dated September 15, 1992 , by Merrimack
Engineering Services, Inc. , 66 Park Street, Andover, MA 01810,
filed with North Essex Registry of Deeds on January 7 , ;993 as
Plan No. 12178 (hereafter referred to as the "Premises"
II. PURPOSES:
The Premises as described herein contain unusual unique or
outstanding qualities the protection of which in their
predominantely natural or open condition will be of benefit to
the public. These qualities include various plant species and
aesthetic qualities of wooded wetlands.
III. PROHIBITED ACTS AND USES EXCEPTIONS THERETO AND
PERMITTED USES:
A. Prohibited Acts and Uses. Subject to the exceptions
rth in paragraph B below, the following acts and
se�tfo
uses are prohibited on the Premises:
1. Constructing or placing of any building, tennis
court, landing strip, mobile home, swimming pool,
fences, asphalt or concrete pavement, sign,
billboard or other advertising display, antenna,
utility pole, tower, conduit, line or other
temporary or permanent structure or facility on,
below or above the Premises;
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10, 1. 600
2 . Mining, excavating, dredging or removing from the
Premises of soil, loam, peat, gravel, sand, rock or
other mineral resource or natural deposit;
3 . Placing, filling, storing or dumping on the
Premises of soil, refuse, trash, vehicle bodies or
parts, rubbish, debris, junk, waste or other
substance or material whatsoever or the
installation of underground storage tanks;
4 . Cutting, removing or otherwise destroying trees,
grasses or other vegetation;
5. Activities detrimental to drainage, flood control,
water conservation, erosion control or soil
conservation;
6. Any other use of the Premises or activity which
would materially impair significant conservation
interests unless necessary for the protection of
the conservation interests that are the subject of
this Conservation Restriction.
B. Exceptions to otherwise Prohibited Acts and Uses.
The following acts and uses otherwise prohibited
in subparagraph A are permitted but only if such acts
or uses do not materially impair significant conser-
vation interests.
1. Construction of a building, other structure, or
improvement incident to woodland, farming and
animal husbandry operations carried on in
accordance with sound agricultural and forest
management practices.
2 . Excavation and removal from the Premises of soil,
gravel or other mineral resource or natural deposit
as may be incidental to the maintenance or removal
of underground tanks, septic systems, utilities,
and other underground structures or to the
maintenance of good drainage, soil conservation
practices or to other permissible use of the
Premises.
3 . The maintenance of piles of limbs, brush, leaves
and similar biodegradable material provided such
piles do not interfere with the conservation
objectives of this Conservation Restriction.
4 . The placement or construction of facilities for the
development and utilization of energy resources,
including without limitation, wind, solar,
hydroelectric, methane, wood alcohol, and fossil
-2-
10, 1. 600
fuels, for use principally on the Premises.
5. The placing of fences that do not interfere with
the conservation purposes of this restriction.
6. Selective cutting of trees for fire protection,
unpaved trail and road maintenance, tick control,
or otherwise to preserve the present condition of
the Premises, including vistas.
7 . Woodland, farming and animal husbandry operations
carried on in accordance with sound agricultural
and forest management practices (including but not
limited to the cultivation of field, the mowing and
grazing of meadows and selective cutting and
planting of trees) .
C. Permitted Acts and Uses. All acts and uses not
prohibited by subparagraphs A and B are permissible.
IV. LEGAL REMEDIES OF THE GRANTEE:
A. Legal and Injunctive Relief.
The rights hereby granted shall include the right to
enforce this Conservation Restriction by appropriate
legal proceedings and to obtain injunctive and other
equitable relief against any violations, including,
without limitation, relief requiring restoration of the
Premises to its condition prior to the time of injury
complained of (it being agreed that the Grantee may
have no adequate remedy at law) , and shall be in
addition to, and not in limitation of, any other rights
and remedies available to the Grantee.
B. Reimbursement of Costs of Enforcement.
The Grantor and thereafter the successors and assigns
of the Grantor covenant and agree to reimburse the
Grantee for all reasonable costs and expenses
(including without limitation counsel fees) incurred in
enforcing this Conservation Restriction or in remedying
or abating any violation thereof.
C. Grantee' s Disclaimer of Liability.
By its acceptance of this Conservation Restriction, the
Grantee does not undertake any liability or obligation
relating to the condition of the Premises.
D. Severability Clause.
if any provision of this Conservation Restriction shall
-3-
10, 1. 600
to any extent be held invalid, the remainder shall not
be affected.
E. Non-Waiver.
Any election by the Grantee as to the manner and timing
of its right to enforce this Conservation Restriction
or otherwise exercise its rights hereunder shall not be
deemed or construed to be a waiver of such rights.
V. ACCESS:
The Conservation Restriction hereby conveyed does not grant
to the Grantee, to the general public, or to any person any
right to enter upon the Premises.
VI. ASSIGNABILITY:
A. Running of the Burden.
The burdens of this Conservation Restriction shall run
with the Premises in perpetuity, and shall be
enforceable against the Grantor and the successors and
assigns of the Grantor holding any interest in the
Premises.
B. Running of the Benefit.
The benefits of this Conservation Restriction shall be
in gross and shall not be assignable by the Grantee,
except in the following instances and from
time to time:
(i) as a condition of any assignment, the Grantee
requires that the purpose of this Conservation
Restriction continue to be carried out, and
(ii) the assignee, at the time of assignment,
qualifies under Section 170 (h) of the Internal
Revenue Code of 1986, as amended, and
applicable regulations thereunder, and under
Section 32 of Chapter 184 of the General Laws
as an eligible donee to receive this
Conservation Restriction directly.
VII. EFFECTIVE DATE:
This Conservation Restriction shall be effective when the
Grantor and the Grantee have executed it, the
administrative approvals required by Section 32 of Chapter
184 of the General laws have been obtained, and it has been
recorded, or if registered land, it has been registered.
-4-
10, 1. 600
VIII. RECORDATION:
The Grantor shall record this instrument in timely fashion
in the North Essex Registry of Deeds.
IX. SUBSEQUENT TRANSFERS:
Meadows Realty Trust ("Meadows") agrees to incorporate by
reference the terms of this Conservation Restriction in the
initial deed(s) from Meadows by which Meadows divests
itself of any interest in all/ or a portion of the Premises.
EXECUTED UNDER SEAL THIS DAY OF MAY, 1993 .
MEADOWS REALTY TRUST
By:
Chiniigtopher LeSciffre,
Trustee and not individually
COMMONWEALTH OF MASSACHUSETTS
�7
---Suff-olk1-- ss. May F , 1993
Then personally appeared the above-named Christopher J.
LeSaffre and acknowledged the foregoing instrument to be his free
act and deed as trustee of Meadows Realty Trust, before me.
Notary Public
My Commission Expires:
UNDA '_ AAARKHAM
M,laTy �ub c
NAY conmmi-ion Fxmes"�,uav 24,200'
-5-
10, 1. 600
ACCEPTANCE OF GRANT
The above Conservation Restriction is accepted pursuant to
Section 8C of Chapter 40 of the General Laws for conservation
purposes this day of 19
TOWN OF NORTH ANDOVER
By its Conservation commission
Chairman
COMMONWEALTH OF MASSACHUSETTS
ss. 1993
Then personally appeared the above-named and acknowledged
the foregoing to be its free act and deed, before me.
Notary Public
My Commission Expires:
-6-
10, 1. 600
APPROVAL BY SELECTMEN
We, the undersigned, being a majority of the Selectment of
the Town of North Andover, Massachusetts, hereby certify that at
a meeting duly held on , 1993 , the Selectmen
voted to approve the foregoing Conservation Restriction to the
Town of North Andover pursuant to M.G. L. Ch. 184, sec. 32 .
SELECTMEN
COMMONWEALTH OF MASSACHUSETTS
r
ss. _, 1993
Then personally appeared the above-named
and acknowledged the foregoing to be his
or her free act and deed, before me.
Notary Public
My Commission Expires:
-7-
10, 1. 600
APPROVAL BY SECRETARY OF ENVIRONMENTAL AFFAIRS
COMMONWEALTH OF MASSACHUSETTS
The undersigned, Secretary of the Executive Office of
Environmental Affairs of the Commonwealth of Massachusetts,
hereby certifies that the foregoing Conservation Restriction to
the Town of North Andover has been approved in the public
interest pursuant to M.G.L. Ch. 184 . sec. 32 .
Date: 1993 Secretary of Environmental
Affairs
COMMONWEALTH OF MASSACHUSETTS
ss. 1993
Then personally appeared the above-named
and acknowledged the foregoing to be his or
her free act and deed, before me.
Notary Public
My Commission Expires:
10, 1. 600
Date: August 3, 2011
To: Judy Tymon
From: Pat
RE: Street Acceptance—Meadowood I
Meadowood subdivision was developed in three sections.
The first portion was subdivided into lots & Meadowood Road on plan 12178.
The land was originally conveyed into Christopher LeSafre, trustee of Meadows Realty Trust. 2,6,7,9
There are drainage easements granted to the Town of North Andover. 17,18
No right of way access has been granted for Meadowood Road on plan 12178.
In 1993 Thomas D Laudani was appointed additional trustee of Meadows Realty Trust. 19
LeSaffre subsequently resigned as trustee. 22
In 1995 Franklin S Davis was appointed additional trustee. 23
Thomas D Laudani subsequently resigned as trustee. 24
Of record Franklin S Davis is still current trustee.
The most recent instruments recorded in North Essex state that he lives in North Reading.
North Essex Registry of Deeds run through 7/28/2011.
Patricia G Cavanaugh Title Examiner North Essex Registry of Deeds
Cell Phone: 978-618-6636 FAX. 978-685-9735 Email.pat a)thecavanaughs.com
` Y
--------------
u\'
c DEED
o Jerome Preston, Jr., John Margolis and Nadia Margolis, Trustees
9 of The Morton Margolis Revocable Trust - 1990 under a declaration
t of trust dated July 25, 1990, as amended by First Amendment To
The Morton Margolis Revocable Trust - 1990 dated September 28, I
n1990, both of which instruments are recorded with the Essex N!
County North District Registry of Deeds (the "Registry'") P
�
o herewith, for consideration of $287,535.60 paid, grant to
a Christopher J. LeSaffre, Trustee of Meadows Realty Trust under a
declaration of trust dated July 30, 1992, and recorded with the
Registry herewith, with QUITCLAIM COVENANTS, the land with the
N buildings thereon situated in North Andover, Massachusetts and
bounded and described as follows: '
i,
PARCEL NO, 1: On the easterly side of the Andover By-Pass,
a State Highway in said North Andover, bounded and described as
follows:
v °
Beginning at the center of the Easterly face of a
th Massachusetts Highway Bound marking an angle in the Easterly line w
of the Andover By-Pass, so-called, and marking the Northwesterly w corner of the land herein described;
ac t
K Thence running Southeasterly by land heretofore conveyed by
Lotta M. Johnson to one Pitman one hundred fifty and 45/100
(150.45) feet to a stake;
O i
Thence turning and running Southeasterly, a little more P+ Easterly, still by land of said Pitman, two hundred ninety and
55/100 (290.55) feet to a mark on a stone; ;..
u
4 Thence turning and sunning Northwesterly by a stone wall,
still by land of said Pitman, one hundred thirty-four and 35/10p
u (134.15) feet to a drill hole in a stone on the Southerly side of 9.
as an abandoned roadway;
t3.
Thence turning and running Northeasterly by the remains of
� an old wall and by the abandoned roadway above mentioned one
hundred sixty-seven and 83/100 (167.83). feet to an iron pipe
M marking the Northeasterly corner of said property herein
L� described;
Thence turning and running Southeasterly by land now or
formerly of one Hopper and by a line of old stakes and iron pipe
a distance of two hundred sixty-nine and 78/100 (269.78) feet to
an old iron pipe at land once conveyed by Henry Hopper to
0 Jeanette and George Dion;
Thence turning and running Westerly by said land of Dion six
hundred forty-five and 1/10 (645.1) feet to an iron pipe in the
Easterly line of the Andover By-Pass, so-called;
... _..�:...ImtJu..i.rz.1�.:..y.-a........_•__, a.. : w'.,,,,n,.s+W.w•,y..J. ._. ._�'.,;,.. -__ _ _ _ _ _ w..,...:-+....J..._.....w/�.....,.__ai.s..-.. ..
.. ..-.. ... .. • y....WMM .uK. ;M.y- .ii..,.... .•/MYM...w www.yw...y..'� .. .. i .. ... '-----8:3'z'-%'^
nr
8K36 $ 9
53
I Thence turning and running Northerly by said Easterly line
of`the Andover By-Pass one hundred forty-seven and 14/100
(147.14) feet to a Massachusetts Highway Bound and the point of
beginning. '
Said parcel contains 2.28 acres, being the same more or
lass; and being shown on a plan entitledi "Plan of Land in North
Andover, Mass., as Surveyed for Lott& M. Johnson, May, 1951,
Clinton Foster Goodwin, Registered Professional Engineer", +�
recorded with Essex North Registry of Deeds as Plan No. 2378.
PARCEL NO. 2: On the Easterly side of the State Highway,
sometimes called the Andover By-Pass, and containing one and 4/10
(1.4) acrea, more or lass, said promises being more particularly l
bounded as follows: V/
WESTERLY by said State Highway ninety (90) feet;
NORTHERLY.by land now or formerly of Lotta M. Johnson six
hundred forty-five and 1/10 (645.1) feet;
EASTERLY by land now or late of Henry S. Hopper. ninety (90)
feet more or less; and
SOUTHERLY by land now or late of said Hopper six hundred
sixty-two and 07/100 (662.07) feet.
All four corners of the granted premises are marked by iron
pipes set in the 'ground, and the iron pipe at the Northwesterly
corner thereof is at a point in said highway one hundred forty-
seven and 14/100 (147.14) feet South of a Massachusetts Highway
Bound.
Said premises are conveyed subject to a Taking py the
Commonwealth of Massachusetts, dated December 13, 1955, recorded
with said Deeds, Book 826, Page 140. ✓,
PARCEL NO, 3: The land in said North.Andover being shown as
Parcel "A" on."Plan of Land in No. Andover, Mass., as surveyed
for Trustees of Phillips Academy, dated Nov. 4, 1946, Clinton F.
Goodwin, Engineer", recorded with said.Deads as Plan No. 1688.
Said parcel is shown upon said plan as being more particularly
bounded and described as follows: j
WESTERLY by the State Highway known as the Andover By-Pass
ninety (9o) .feat;
-2r
e
i
f
i BH3639
54
NORTHERLY by land formerly of George Dion et ux, six hundred
sixty-two and 07/100 (662.07) feet;
EASTERLY by land now or formerly of Trustees of Phillips
Academy ninety (90) feet;
SOUTHERLY by Parcel "B" six hundred sixty-two and 7/lo0
(662.07) feet.
This conveyance includes whatever rights, if any, the
Grantor has in the abandoned roadway known as Willow Street,
This conveyance is subject to all applicable easements,
restrictions, reservations and other matters of record that are
in force and subject to real estate taxes assessed as of January
1, 1993, which taxes the Grantee, by accepting this deed, assumes
and agrees to pay.
Meaning and intending to convey the same property described
in the deed of Lillian P. Margolis dated July 30, 1984, with the
Registry at Book 1849, Page 73. See also the will of Morton
Margolis dated July 25, 1990, and filed in the Essex County
Probate and Family Court in Docket No. 90P2968-E1.
Executed under seal as of December -&—, 1992. .
THE MORTON MARGOLIS REVOCABLE
TRUST - 1990
rome Preston, Jr., T ustee
�ul cc
rq
"K
a q ��
�w , JPA MargolisV Trustee
CA1uco _ �txu
L ..
Nadia MtrqolisV Trustee
.--...... .wr.w.W+uM - —°M' -u✓4.LL�Aw6t+wiY.\�.w.�LYuV:.w�..n.11.��.il.....Y.�,w�.......
+BSS639
COMMONWEALTH OF MASSACHUSETTS
County of s-M&mA_ December
Before me today, Jerome Preston, Jr., Trustee of The Morton
Margolis Revocable Trust - 1990, appeared and acknowledged the
foregoing instrument to be his free act.
NO$ary PubM Atw. M kms + J
My Commission Expirea f: '`�s 4��a
COMMONWEALTH OF MASSACHUSETTS
' County of <LI December A- , 1991';fl;.
Before me today, John Margolis, Trustee of The Morton
Margolis Revocable Trust - 1990, appeared.and acknowledged the
foregoing instrument to be his free act.
�V/G�G� /'(. /11 : •4`�$.7``IFiJJ'.j.+11•_ .
Notary Public
My Commission Expires}
T � •, Y'=
OF MASSACHUSETTS MY
COMMONWEALTH
• rr Aprfi'3;'•t95A
County of Q .v, December �d. , 1992
Before me today, Nadia Margolis, Trustee of The Morton
Margolis Revocable Trust - 1990, appeared and acknowledged the
foregoing instrument to be her free act.
l9,fiEP P -
otary Public
y Commission Expire KZ
+ r.
UU 144331 A
B$ 3639
CMA0®ACj4U69"6 eU,YeLAIM 04g.. No.,r FORM ttra®t VIDUAL,*D%
We, Herbert P, Redn= and Joan E. Redmart, husband and wife, both
of North Andover, Essex County,Massachusetts,
being tartmatWrd,for Consideration paid;and in full consideration of $110,477.18
q
grotto Christopher J. LeSaffre, Trustee of the Meadows Realty Trust, raider s ,
Declaration of Trust dated July 30, 1992i and recorded with Essex North Registry
of Deeds, herewith pt(�
' l33 Turnpike Street, P.O.Box 6700 Suite 209, North An°c�l1A%,, 1dgAjttti8TT4
mqpwM A tract of land with all the buildings thereon situated in said North Andover,
and being shown as lot numbered one (1) containing 62,728 square feet, more or less, an CA
plan of land entitled "Preliminary Subdivision Plan N
of Land in N. Andover, Mass., as trade for Norman t7, tmatt, Oct., 1957, Clinton F.
Goodwin, Reg. Prof. Eng.", recorded with North Essex Registry of Deeds as Plan
n; No. 4008, said promises being substantially bounded and described as follows:
w . WESTERLY by the Andover By-Pass, one hundred fifty feet;
NORMUILY by Lot mmbered (2) as sho. on said plan, two hundred sixty-four
feet, tmre or less;
EASTERLY by a road sham as a driveway on said plan, and known as Willow Street, tL}
fifty-six and 581100 feet; "Lh
NORTHERLY again one hundred sixty-three feet;
EASTERLY again by a stone wall, one hundred thirty=four and 35/100 feet; and c�a
SOUTHERLY in,6m courses, the first of two hundred ninety and 55/100 feet and the
second of one hundred fiftyand 45400 feet, as sham on said plan,
Being the same premises conveyed to us by deed of Yvonne Ground, dated April 7, 1972,
recorded in said Registry of Deeds, Book 1190, Page 732.
For authority to use the driveway as now located, see certificate of Department of
Public Works of the Camnmaealth of Massachusetts, recorded with said Registry of Deeds.
on Jartunry 28, 1960, with reference to Plan No. 4013, iER3
IN Untes Olin harid and seal this 6th day/oJf Jars,tary 19 93
Herb t P.
O�a7•rw� _/
J E. Redman
�lqe�ommanwreltq of;A{assachusctts
ESSEX, as• Jamuary 6, 19 93
Then pcnonally appeared the above named Herbert P. Redman and Joan E. Redman
and acknowledged the foregoing Instrument to be their free act and deed before me
J• Al Roberts, Notary vuhhc-
Mycommissloncxpims March 20, 19 98 i
n MS
- r •.:� ;o�, ..,�. !dual-Joint Trnanu-Tenants in Common.}
Lo
x <7(G
to}SEC.6A5 AMENDED flY C,IIAPTFR 197M1969
.n x �.
l—iu •r•• ro xi X n ur have endorsed upon h the full name,residence sod ptM[nmee aJJrrts of the(tnnllY
u.Lr,.� � �4 :.,[s, Ion thereof in Jtdlars or the nature of the olirtr runsWen[fnn nc�rcfoq if not drlivcrcJ fora
".' 9 •v`xT s.. M 'Allwa—klutal prune furtht cumryancrwl[hour dcJucdun for any Nrnsorencumhrane"
■4 °� dl such rndorscmrnts and recitals shall he rccurdrd as pan of the Jcrd.Fallurr to complyy
•t_ ■ ,yderd.Noregluct ufd"d,shall acctp,a do I(of recording unless it lslneompllanre wNh
. �rR aaa..nss[[[LLL++++++
...a._
i
r, .._... ... w , M..w. rY- ♦ .:�..� .IR....F.. ..}aMrr....wr..vrMM,—Y+O. .. .. . ... i.,M.._...
i`
...........
i $ H3639
57
DEED
See, Mary Saslow, individually and as Executrix of the Estate of
Stephen J. Bilicki pursuant to the power granted me in the Will ,
of Stephen Jr. Bilicki, of Lawrence, Essex County, Massachusetts,
John Bilicki.cf.Wakefield, Middlesex County, Massachusetts, Julia
Brown of Greenfield, Franklin County, Massachusetts and Frank
Bilicki of Wakefield, Middlesex County, Massachusetts,
for consideration paid of $100,000.00
grant to Christopher J. LeSaffre, Trustee of Meadows Realty Trust
under a Declaration of Trust dated July 30, 1992 and recorded ,
with the Essex North Registry of Deeds herewith
733 Turnpike Street, P,O..Box 6700 Suite 20cl, North Andover, Ms. 01845
with QUITCLAIM COVENANTS
I
The land in North. Andover shown as Parcel "B" on plan entitled,
"Plan of Land in North Andover, •Massathusetts, as surveyed for
Trustees of Phillips Academy,j1 dated November, 1946, and filed
with the EsseX.North Registry of Deeds as Plan t1688.
Being more particularly bounded and described as follows:
^a
Beginning at an iron pin on the Easterly line of the Andover
Bypass, as shown on said plant thence running
NORTHERLY along the Easterly line of said By-Pass, one
Hundred (100) feet to an iron pint thence
turning and running
EASTERLY Six Hundred Sixty-two and b7/100 (662.07) feet
to an iron pin, thence turning and running
SOUTHERLY One Hundred (100) feat to an iron pint thence
turning in a 90 degree angle and running
WESTERLY Six Hundred Sixty-two and 07/100 (662.07) feet
to the point of beginning.
Containing 66,207 square feet.
Meaning and intending to convey the same property described in
two deeds to Stephen J. Bilicki and Madeline N. Bilicki both
dated June 18; 1969 and recorded with the Essex North Registry of
Deeds at Book 1012, Pages 437 and 438.
For our title, not the Estate of Stephen J. Bilicki, Essex,
Probate Docket No. .$9P0123E1.
OV
■
B83639
Witness our hands and eals,t. is � day of December, 1992.
J,�' Az
Mary Kaslow nd v d 1 yam " John Bilicki L;
and as Executrix of tie
Estate of Stephen J.Bilicki
u a Brown Fran B ck
COMMONWEALTH OF MASSACHUSETTS I'
Essex, so. December22 , 1992
Then personally appeared the above-named Mary Kaslow .;
individually and as the executrix of the Estate of stepheni'Jy,:
Bilicki, and acknowledged the foregoing instrument to.P-0her.,ftae;, ti;
act and deed and the free act and deed of the estate oi.St,ep�en.`j;:1..*�
J. Bilicki, before me,
' e�-c
Cission Expires: a/2c/98
COMMONWEALTH OF MASSACHUSETTS
December?,?-, 1992"'!!
Then personally appeared the above-named John Bilicki, and'acknowledged
acknowledged the foregoing instrument to be his free act and:deed:';.°t=
before me,
NP C,;a1N,'jNotary ubli-c
My Commission Expires:
I ( J
COMMONWEALTH OF MASSACHUSETTS
ES'SeY as. December.2:� , 1992
' Then personally appeared the above-named Julia Brown, and
acknowledged the foregoing instrument to be her free act and 'aeea'I':,
before me, /]')
e / , Notary,Pu,blic'•„+„�:•:
My Commission Expires' 'r/
10,1.568
COMMONWEALTH OF MASSACHUSETTS
es. DecemberX , 1992 y ''
Then personally appeared the above-named Frank Bilicki, and
acknowledged the foregoing instrument to be his free act and deed f
before me, 1 I
Iv
My Co ission Expires:.:.
10,1.568
I
1
IBH3639
f18 DECLARATION OF TRUST
ESTABLISHING
i 1 THE
MEADOWS REALTY TRUST y
I, Christopher J. Waffre, do hereby declare that I and
successor Trustee(*) in Trust hereunder, will hold all such
properties as may be transferred to as as such Trustee, or to any
�( J successor Trustees} hereunder, in trust for the sole benefit of
/ the beneficiaries for the time being hereunder, upon the terms (A
hereinafter set forth. W
All references hereinafter to the term "Trustee". (although
1� hereinafter generally used in the singular), wherever used ~
._z W
herein, shall be treated as a reference to such person of such
I
gender and number who are at the time serving as Trustee
hereunder, and shall as applicable, include as the original ( �'
4 1
Trustee, and such person(s) who hereafter are serving as a
� successor or additional Trustees) hereunder. All rights,
r powers, authorities, and privileges reserved hereunder by and for
the Trustee may be exercised by the original Trustee or by any $
person(®) who hereafter is or, are serving as Trustees)
hereunder, subject to the provisions hereof.
1. Name of Trust. The Trust hereby established shall be
referred to as the MEADOWS REALTY TRUST.
i
2. Beneficiaries. The current beneficiaries of this Trust
are the persons who are listed on a "Schedule of Beneficiaries" !
setting forth the names and the respective percentage interests
®1�
10,3.321
i
i
i
i
�a
O.ff 36 S 9
of each such person. Such Schadula has been executed by the
Trustee hereunder and said beneficiaries, and may from time to
time, be amended by an instrument to any such effect as may be
executed by the then Trustes(s) hereunder and each such
beneficiary. If any beneficiary as, from time to time, listed in
a Schedule of Beneficiaries is a trust entity, the rights and
powers of such entity as a beneficiary shall be exercised by all .
of the Trustees thereof, or by such of them as are empowered by
the trust instrument therefore to act on behalf of such trust
entity.
Except as otherwise permitted by all of the beneficiaries,
1
the interests of the beneficiaries (subject only to descent and
distribution by will or by operation of.law) shall not be
transferable and their respective percentage interests shall
remain as set forth on said Schedule as from time to time
amended. In.the event of a transfer of any such beneficial
interest .by will or by operation of law, the consent of any such
transferee to any action by the Trustees shall, at all times, bq,-,
presumed to have been made and actual consent by any such
transferee shall not be required. Any Trustee hereunder may,
without impropriety, be or become a beneficiary hereunder and
exercise all rights.of a beneficiary with the same effect as
though he were not a Trustee.
3. Trust Estate for Benefit of Beneficiaries. The Trustee
shall hold any property or rights given, transferred or conveyed
to him as Trustee, and all issues and accretions in respect
thereto, for the benefit of the beneficiaries from time to time
i0,3.331
JI
B 3639
20
(and all references hereinafter to beneficiaries shall be treated
as a reference to those who are at that time the beneficiaries
hereof) which shall be recorded in their favor or the Trustees
I shall make provision for dispositions thereof pursuant to the
direction of the then beneficiaries.
4. Powers of Trustes(s). Subject to the written direction or
consent of the majority in interest of the beneficiaries, which
shall be conclusively evidenced pursuant to the provisions of
Section 8 hereof, the Trustee shall have power and authority to
borrow money, purchase property and assign, transfer, mall,
mortgage, grant leases, options covering any part or all of such
property, and t,o grant discharges and partial releases of
mortgages, or otherwise dispose :of all or any part of the trust
property all for such consideration and upon such terms and
conditions as the Trustee, acting with such authority and
direction or consent shall deem proper.
The Trustee shall have full power and authority to delegate
by suitable written instrument to any person(s), acting singly or
together with others, whether or not serving as a Trustee
hereunder, full power and authority to perform such acts and to
iexecute such instruments which such Trustee might do or perform
under this Declaration of Trust.
Any and all instruments executed pursuant to powers herein
contained may create obligations extending over any periods of
time, including periods extending beyond the date of any possible
termination of the Trust.
Notwithstanding any provisions contained herein, no Trustee
®3r
10,3.3Z1
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2:1 i
shall be required to take any, action which will, in the opinion K
of such Trustee, involve him in any personal liability unless
first indemnified to.his satisfaction. Any person dealing with
i
any Trustee shall be fully protected in accordance with the
is
provisions of section 8 hereof. i
• I.
5. Term of Trusts Termination. The Trust may be
terminated at any time by a majority in interest of the
beneficiaries by notice in writing to the Trustee, and the .Trust ' !
shall terminate in any event twenty (20) years after the death of
the .original Trustee hereunder. In-case of any such termination,
the Trustee shall transfer and convey the specific assets
constituting the trust estate, subject to any lease, mortgages,
contracts, and other encumbrances or matters affecting the trust .
estate to the beneficiaries in proportion to their respective
interests.
6. Resignation, Removal, Addition, session of Trustee.
Any Trustee hereunder may resign by written) instrument signed end
acknowledged by such Trustee, and.such res;gnation shall, as r
respects real. estate interest in the name of the Trust be
recorded with each such Registry of Deeds (the Registry) -within
` each such county in which any real property interests of the
Trust are then located and in which this Declaration is to be
recorded.
At any time or timse.a majority in interest of the
beneficiaries may by written instrument to the following affect,
f remove (with or without cause) a Trustee ar /or add one or more.
additional Trustoo(s).haroundar.. The removal of a Trustee, if
®4®
10,3.311
� �$ HS639
22,
exercised by the bensficiaries, .shall be reflected by a
Certificate, reciting such removal executed and acknowledged by
any Trustee then in or succeeding to such office and recorded (if
applicable) with the Registry.
If for any reason the original Trustee or any additional
Trustee as appointed by the beneficiaries shall cease to be a
Trustee hereunder, the then Co-Trustee, if any, shall continue as
sole Trustee hereunder unless a successor Trustee shall be
i
designated by written appointment of the beneficiaries. Any
person appointed or succeeding to the office of Trustee
' hereunder, pursuant to written appointment by the beneficiaries
as aforesaid, shall become a Trustee upon acceptance of such
appointment, to be represented by written instrument to that
effect signed and acknowledged by such person and the remaining
Trustee, if any, and thereupon duly recorded with the Registry.
A statement by such successor or additional Trustee and the
remaining Trustee, if any, in such written instrument of
acceptance that such successor or additional Trustee has been
duly appointed as Trustee, pursuant to the provisions of this
paragraph, and that such successor or additional Trustee accepts
i
such appointment shall be conclusive evidence of his appointment
as Trustee hereunder and of the facts upon which such appointment
was predicated.
Upon the appointment of any additional or successor Trustee,
the title to the trust estate shall thereupon and without the
necessity of any transfer or conveyance be vested in the said
additional or successor Trustee jointly with the remaining
Ayr
10,3.321
i
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8839
Trustee(s), if any. 1=11uc Trustee shall have all the
rights, powers, authority'and privileges. of a Trusta® hereunder
as fully as if named an an original Trustee hereunder.
No Trustee shall be required to furnish bond.
7. 7lmsndment of Declaration of gust. This Declaration of
Trust may be amended from time to time by an instrument of
amendment signed by the then Trustea(s) hereunder and the
beneficiaries, provided, in any event, that no such amendment
shall become effective until either (a) such instrument of
amendment or (b) a certificate by any Trustee, setting forth the
terns of such amendment, has been signed, Acknowledged and
recorded (if applicable) with the Registry.
S. Trustee R®sponsibilitv/Ralianco by Third Parties. No .
Trustee hereunder shall be liable tot any error of judgment nor
for any loss arising out of any act of omission in good faith,
but shall be responsible only for his own willful breach of
trust. No license of court shall be a requisite to the.validity
of any transaction entered into by the Trustee(s). No purchaser
or lender shall be under any liability to see to the application
of the purchase money or of any tansy or property loaned or
delivered to any Trustee, or to see that the torts and conditions
of the Trust have been.complied with.
Every agreement, bill of sale, assignment, lease, died,
mortgage, note or other instrument executed by any person
appearing from the records at any Registry to be a Trustee ,
hereunder shall be conclusive evidence in favor of every person
relying thereon or claiming thereunder that, at the time of the
10,3421
-$ H3639
24
delivery thereof, this Trust was in full force and Of fact and
that the execution and delivery of such instrument was duly
' directed by the beneficiaries. Any person dealing with the trust
i
property of the Trustee may always rely, without further inquiry,
on a certificate signed by any person appearing from the records �}
at the Registry to be a Trustee hereunder, as to (i) whether or
not the Trust has been terminated, (ii) who are the Trustee(s) or
the beneficiaries hereunder, (iii) the authority of the
Trustes(s) to act, (iv) the existence or non-existence of any
fact or facts which constitute conditions precedent to acts by
f the Trustee(*), or (v) any other matter germane to'the affairs of
I the trust.
9. Third Party Rights Against Trust Estate Onlx. In every
written contract made by the Trustee(a), reference shall be had
to this instrument and an ,y person contracting or dealing with
the Trustee shall look only to the trust estate or corpus and not
to the Trustee individually nor to the beneficiaries for the
payment of any debts, note, mortgage, judgment or decree or any
other obligation or any money that may otherwise become due and
payable by reason of the failure on the part of the Trustee to
perform such contract in whole or in part or for any other cause
or reason,
10. Action by A1l. Trustees. It is expressly understood
that if it appears from the records at the Registry of Deeds
where this Trust is recorded that there is more than one Trustee
hereunder, than all of said Trustees, must unanimously exercise
the powers of the Trustee hereunder, including, without limiting
-rye
10,3.321
s
I
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$ 93639
the generality of the foregoing, t o execution of bills of sale,
assignments, deeds, agreements, mortgages, notes, leases, and.
other instruments and contracts.
i
11. Gender. Ail references and use herein of the female
gander or pronoun shall mean the male.gendor, and reference and
use of the plural .shall mean singular and Vice versa,' skcapt
where such meaning would negate any portion of this document.
Executed as a sealed instrument 'the day of July 1993.
Christ a re
COMMONWEALTH OF MASSACHUSETTS
SUFFOLR, SS. July vCl 0 1992
Then personally appeared the above named Christopher J.
LaSaffre and acknowledged the foregoing instrument to be his free
act and dead, before ate,
�?.IAAW.
Pr atop W. Ha peein
Notary Public i
My Commission Expires: 6/30/96
t.
10,3.3R1
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ni,
78
DRAINAGE EASEMENT
Christopher J. LeSaffre, trustee of Meadows Realty Trust,
u/d/t dated July 30, 1992, recorded herewith, with a usual place
of business at P.G. Box 6700, Suite 209, North Andover, Essex
County, MA 01845, owner of a certain parcel of land situated in
North Andover, Essex County, Massachusetts hereinafter described
for nominal consideration, lose than $100.00, paid, grants to the
TOWN OF NORTH ANDOVER, a municipal corporation located in said ti
Essex County, having the following address: Town Hall, 120 Main
Street, N. Andover, Massachusetts 01945, the right and easement,
across, under, and through the property hereinafter described for
the purpose of drainage of surface water= provided, however, this
easement is intended only to allow the natural flowage of surface
water which will exist upon completion of the Meadowood Estates
subdivision and is not intended to allow any construction
activity within the easement area.
° The drainage easement area is located on lots 1 through 8 ~
and is shown as the Proposed Drainage Easement on Sheet 02 of 07
on a plan entitled "Special Permit and Definitive Plan of L,
Keadowood, North Andover, MA, dated September 15, 1992, Merrimack LA
Engineering Services, 66 Park Street, Andover, MA 01810", which a
plan is filed with the Essex North Registry of Deeds as Plan
For Grantors title see deeds of Herbert P. and Joan Redman,
Jerome Preston, Jr., John Margolis.and Nadia Margolis, Trustees
of the Morton Margolis Revocable Trust - 1990, John A. Bilicki,•
Mary Kaslow, Julia Brown and Frank Bilicki, recorded herewith.
Witness its hand and seal this __ZL day of January, 1993.
MEADOWS REAT,,Ty TRUST
Bye
Chr atop J. ffr , Trustee
FV
COMMONWEALTH OF MASSACHUSETTS
January �7_, 1993
Then personally appeared the above-named Christopher J.
LoSaffre and acknowledged the foregoing instrument to be his free
act and deed as trustee of Meadows Realty Trust.
/ I.
i..f C✓,ate*--•+-�,
Robert',W. Levy, Notary Public
-
My commission expires 3/30/95
10,1.541
' 1
BK3790
105 a,
ARATNAGE EASEMENT
Thomas D. Laaudani, trustee of Meadows Realty Trust, u/d/t
dated JulIy 30, 1091, recorded with Essex North Registry of Deeds
at Bonk 3639, Page 18, with a usual place of business at P.O. Box
6700, Suite 209, North Andover, Essex County, HA 01845, owner of
a certain parcel of. land situated in Horne Andover, Essex County,
Massachusetts hereinafter described for nominal. consideration, �
less than $100.00, paid, grants to the TO" OF NORTH ANDOVER, a
municipal corporation located in said Essex County, having the
following address: Town Hall, 120 Main Street, N. Andover,
Massachusetts 01845, the right and easement, across, under, and
through the property hereinafter described for the purpose of
drainage of surface watery provided, however, this easement is
intended only to allow the natural flowage of surface water which
will exist upon completio, ®g " I F4®adow0od subdivision and is NJ
not intended to allow any construction activity within the
easement area.
., The drainage easement area is located on lots 3, 4 and 5
and is shown on A plan entitled oP1an of I Land in North Andover,
MA. Showing Proposed Drainage Easement Drawn for Meadows Realty
Trust", dated July 19, 1993, which plan is filed with the Se®ex a
North Registry of Deeds as Plana # /_72
y,. For Grantors title sae deeds recorded with Essex North �
Registry of Dads, Book 3639, Page 52, 56 and 57.
witness its hand and seal this d°� �day ®f July, 1993.
YMADOWS REALTY TRUST
By omaa D.`Laudan�rust"
COMONWEALT& OF MASSACHUSETTS
r�
Essex, sa. July �a 1993
T3s®n personally appsared the a av®mnamed Thomas D. Leadeni
and acknowladged the for.aq®ing instrugent to be his free act and.W.,, y
deed as trust 02 Xeadowa lty Truot.
e
Notary VW
my Co3misgion expiress �� Ai
BSA Q MAWAMesrea�
10,1.541 U*-hWWVI42M
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8
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4
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k
ZMAM AM
A.Ca9 C1° or ADDMORAL TMVMe
E
The Under®igned, S ®r:Z0 LeSaftr@, as Trostas of
a4 ®�lty " t sander a ��aratiaaa Of:T*u0t'>datEsd
1999 'and recorded x3.th Zss*X 'Northern District Isgistry,at Deeds,
at aaoox '3639, Pad® 19 '(the wTa°aaetR)s nand Thwas D. L;audani,
certify, Vursuaast to paragrapie E Of the Trust, that Thcma®
LaudahL has boon duly appcintadl as an additional trustee of the �
Trust by 6 wvittsn appointMent of the benefIciariag Of the Trust.
hr
The undersigned, Thomas D. Laudani, hereby accepts
epp® ntMent as a Trustee of the Trust. ;Zz
iTi �$TT Bd 6P&dE&3 OT, the underEaigstsd iaae er®mat®d this as a
e®al ass,rta s t as Of this day of Juna 1A03. s
ra p aa �.rep a
u a ,
Trust Ta:°urt®w e
COMORnAM Or NUIAMMSZTTB '
Essex, !x June 4, 1993
Thera personally appeased the above named CiEristo
YASaatfra, Trustee so aforanid, and acknowledged the to
be his free act and dead, befoare as$ e'
My Commission Expires.
COI i Ill7i OF XU8A sSTT8
Essex, so Tuna
Then parsgnallY OppGared the above named Thomam,.,`��,��'f4
Laudanis Trustee as aforesaid, and acknowledged the forasEs
be his tree act and deed, b®tore me.
my Commission Upires t- �
LINDA (ga4cst�WE;�:��
Mf'Cortunlccian Ead461 Fsbr r,24,2000
i
0
1d
,
is .... _.
_...........; 1 :.i• w..w:.vX:xxx 4..iM..ly .ni..__...�.n._.,y.}.. us.^rv:x..l.Y.clxa+-Y2+:.eaitiltn'ilrvir.. -m.0 .J - Cd'
3Y3753 �
awe �a Tr 1
25
The undersigned, Christopher ja 8 afire d Thomas ®,
Mudani, as Trustees of Namamm stealty Trust under a Declaration
of Twat dated JUly 30, 1991 end recorded WLth 2e0OX Northern A
Diatrict Registry of Deeds, at Back 9539, page IS (the mftust"p,hereby �
Certify that the Trust has b#am amerAed, pursuant to i
paragraph 7 of the Trust, as Calloass i
i
Paragraph 10 of the Trust is tc be deleted in its entirety
and substituted with the faljWLnjra
20< Action bv as T %t is expressly understood.
that appaaxa r®� the records at the Registry of
Deeds where thin trust is recorded that there is more Ir
then one (1) Trustee hersu ndari thane any one of said
I Trustees, may axoralms the po sre at the Txuateas ,zz,
hereunder, including, without $izitirag the generality
9f the foregoing, the exeautialn of hills of sale, �
aasignmOnts, dew®, agroamonIto, Imottitiea.tea,
mortgages, not , 3®ases,contracts. aid ®r ihstaslente and
IN WITNESS WEMOF, the a ighod has a auted this
as 4- as iaBst ent as of thin day of aun® 10e2e
14
Tie 6 � a , an e
rEB�t0e
Essex, asThen
Leda!! Personally app w
ear" the above waxed iota
life t, ate" Ate s"4s and a is ®d �aa fair a��"�wL
and o Into":a a ,
V
MY
M*IOU lira®B0
era e.aaaa
a1Q
I
y B13753
26
use®4, g1�3
€ Than p *oMal3,y OV61s d t M V® naMOd Moms D.
lAudeni, Tr tme aim OX6rellsid; a s ledled the foregoing
be his free act and des�de betoie me.
®tart' Vlubl
X Co=iasioas EXpirer
SINDA E,M R4i � � -
NOIOry tOW1, N•
-blll 24,200
I
s
.. .. _..._..._._.__-. _._� J .
7,777
BK3813
ao-arL"3 bdId" FROM Tq i YBI�T f. r
i,
RZ3TGNATXCYt'.�OF TRUSTEE
)MkbM RM7Y TRUST s
The undersigned, Christopher J. Twsaftre, Trustee at the �y
Kasdows Realty Trust under d.solaration of trust dated July 30,
1992 and. r000rded with North Neoax Registry of Dead® a4 DOWj
i
363l., PpIge is (the "Trust")iPursuant to.parAgrayh.g at the
str hereby resigns as a Trustee of. the Trust.
WZTXW I
my bud am goal this day of August, 1093.
co' j
chr
E,
s COMMULer a r+
T$ d1P MASSACRtIams
s1SX, 8/.' AuquatRy, 1903
# Then personally appeared the above named Christopher J. A
t l+egaffra am aoknoMiedged ths foregoing instrument to be his free
ttt &Ot and , beton se,
my Commission rxpirest
'W4 3 :k
ogee t
* w�war P�,y y tt4
c�
r
d
K 4350 PG 53
MEADOWOOD REALTY TRUST
AppOINTWNT AND ACCEPTANCE OF ADDITIONAL TRUSTEE
The undersigned,Thomas D.Laudani as Trustee of Meadowood Realty
Trust under Declaration of Trust dated Tune 30, 1992 and recorded with the Essex
Northern District Registry of Deeds at Book 3639,Page 18(the"Trust"), and
Franklin S.Davis,certify,pursuant to paragraph 6 of the Trust,that Franklin S.
Davis has been duly appointed as an additional trustee of the Trust by a written
appointment of the beneficiaries of the Trust. N
tV
The undersigned,Franklin S.Davis,hereby accepts appointment as a
Trustee of the Trust.IN m
WITNESS WHEREOF,the undersigned has executed this as a seal
instrument as of this uot" day of September 1995.
4rU!7S5"avis, on; D.Laudani,
Trustee Trustee
COMMONWEALTH OF MASSACHUSETTS '
SVFFoIic Septembeid-fQ 1995
Essex, SS
Then personally appeared the above named Franklin S.Davis,Trustee as
aforesaid,and acknowledged the foregoing to be his free act and deed,before me.
Z. 8
Notary Public.
My Commission Expires: & `q! QQ Z
Ln
COMMONWEALTH OF MASSA-CHUSETTS Z x
S't�`��� September zt;1995 =�
Essex,SS w
Then personally appeared the above named
his fras D.Laudani,Trustee as �fa
ee act and d ed,before me. o
aforesaid,and acknowledged the foregoing o
Notary Public
My Commission Expires:
l/
K 4350 PG 54
ADOOOD REALTY TRUST
RESIGNATION OF TRUSTEE
The undersigned,Thomas D. Laudani�as Trustee of Meadowood Realty
Trust under Declaration of Trust dated June 30, 1992 and recorded with the Essex
Northern District Registry of Deeds at Book 3639,Page 18(the"Trust"),pursuant
to paragraph 6 of the Trust,hereby resigns as a Trustee of the Trust.
IN WITNESS WHEREOF,the undersigned has-executed this as a seal
instrument as of this Qj�o day of September 1995.
b3
Thomas D.Laudani,Trustee
►A
tD
COMMONWEALTH OF MASSACHUSETTS
S SS Septembera(g 1995
Then personally appeared the above named Thomas D.Laudani,and
acknowledged the foregoing to be his free act and deed,before me.
htaryAPublicSrX.M U
My Commission Expires: (nay (G�20pZ
c
v
Zx
OM
O
W2,
Town f North Andover 4 NoRTk
OFFICE OF �?o`tt J a�0 L
COMMUNITY E LOP SERVICES
o -
27 Charles Street °4
North Andover, Massachusetts 01845
WMLLAM J. SCOTT SAC US
Director
(978)688-9531 Fax (978) 688-9542
July 14, 1999
Evergreen Management
200 Park Street, Suite 2
North Reading, MA 01864
RE: Street Acceptance for Meadowood H Development
Dear Developer:
The Planning Office is in the process of assessing active subdivisions to determine the
compliance with the approved plans and the decision. Our goal is to assist you in
reaching street acceptance with a completed project. In going through our files, we
noticed that you have documentation required to be submitted to our department to
maintain compliance with the Town of North Andover Subdivision Regulations and the
Notice of Decision issued relative to your project. In the absence of this information,
you will be unable to get your street accepted.
On the following page, please find a detailed list of information we will need in order for
you to get your street accepted. The list may refer to conditions in your Notice of
Decision, which we are attaching for you to easily refer to.
Additionally, I would suggest that you set up a meeting with myself, so that I may
explain to you what is left in your subdivision to be completed. At that time we can also
schedule an inspection of your subdivision by the Department of Public Works at a
mutually convenient time in order for you to be ready for street acceptance.
This list is only a preliminary review, and there may be more items outstanding that need
to be completed once an inspection has been conducted. Upon further review your
subdivision, we will compile a more detailed comparison of your decision(s) and the
rules and regulations as it relates to`your subdivision.
BOARD OF A-PPEA.LS 633-9541 BUILDING 683-9545 CONSERVATION 688-9530 HEALTH 638-9540 PLANNING 688-9535
I am also attaching street acceptance guidelines with sample letters for you to utilize and
inform you how the process will work.
S incerely,
Heidi Griffin
Town Planner
Cc: Tim Willett, D.P.W.
Jim Rand, D.P.W.
William Scott, CD&S Director
Board of Selectmen
Attachments: List of Outstanding Items, Samples of Certificate of Compliance, Warrant
Article & Stone Bounds, Notice(s) of Decision, Street Acceptance
Guidelines
ITEMIZED LIST OF OUTSTANDING ITEMS FOR MEADO OOD II
The following items are presented in three sections. Section 1 is the Recording
information required. The information checked in this section is considered missing or
incomplete. Section 2 are the items missing or incomplete as required by the Notice of
Decision for the PRD, if applicable. Sections 3 are the remaining items missing for the
Subdivision Decision. The numbers for sections 2 and 3 represent the item number in the
respective decision. Please review your enclosed decision carefully to coordinate with
this information. Rather than handle each issue separately we would recommend that all
of the necessary research to resolve all of the below issues be conducted prior to
contacting the Planning Office. This will insure that meetings to resolve these issues are
productive.
Section One
Recorded Decision
Recorded Plan
Recorded Form—I
Recorded Form-M
Recorded Growth Management Form _
Recorded Form-J
Section T-,vo-
NOTICE OF DECISION ITEMS — PIED
1. 5 (a)
2. 5 (b)
3. 5 (c)
4. 5 (d)
,Section Three
NOTICE OF DECISION ITEMS —SUBDIVISION
An as-built showing the following:
1. 2 (b)
2. 7
3. 8 (a)
4. 8 (b)
5. 8 (c)
6. 8 (d)
7. 8 (e)
S. 8 (fl
9. 17
In accordance with section 9a of the subdivision rules and regulations of North Andover,
you must request a certificate of compliance for a street acceptance.
A copy of the subdivision rules and regulations are available in the Planning Office located at 27 Charles
Street for Sl0.00. We recommend that if you do not have a copy you purchase one. Obtaining specif c
pages from the Regulations may not provide all of the information necessary to address your issues.
Bate: August 3, 2011
To: Judy Tymon
From: Pat
Street Acceptance—Meadowood II
Meadowood subdivision was developed in three sections.
The second portion was subdivided into lots &Bucklin Road on plan 12309.
The land was originally conveyed into Thomas D Laudani, trustee of Hillside Realty Trust. 2,4,6,8
Laudani, trustee granted the Inhabitants of the Town of North Andover the right to pass &repass 16
over Bucklin Road as described on plan 12308. The plan# should be 12309.
Laudani, trustee granted the Town of North Andover all pertinent utility easements as shown on 18
plan 12308.The plan# should be 12309.
In 1995 Franklin S Davis was appointed additional trustee. 20
Thomas D Laudani subsequently resigned as trustee. 21
Of record Franklin S Davis is still current trustee.
The most recent instruments recorded in North Essex state that he lives in North Reading.
North Essex Registry of Deeds run through 7/28/2011.
Patricia G Cavanaugh Title Examiner North Essex Registry of Deeds
Cell Phone: 978-618-6636 FAX. 978-685-9735 Email.pat*hecavanaughs.com
I
QUITCLAIM D&ED
WE William P. Callahan, Jr. and Jeanne c ,
Callahan of North Andover, Essex County,
Massachusetts
d
for
consideration oft TWO HUNDRED SEVENTY FIVE THOUSAND EIGHT
HUNDRED FIFTY ($275,950.00) DOLLARS
GRANT TOs< Thomas M Laudard, Trustee of Hillside
Realty Trust u/d/t dated June 16, 1993 to
be recorded herewith; of 733 Turnpike Street,
Suite 209, North Andover, MA 01845
W
e WITH QUITCLAIM COVENANTS
i the land in said North Andover, together with the buildings: f
thereon, bounded and described as follows:
w A certain parcel of land ahoWn on a plan entitled
"Plan Showing Land of Leopold & Blanche Pomerleau,
North Andover, Mass.,. December 1962, Brasseur
AssociatesO recorded <in Essex North District Registry
of Deeds*, bounded and described as follows:
*Plan 04706
d NORTHWESTERLYv by Hillside Road, 115.0 feett
x NORTHEASTERLY: by-land now or formerly of
Raymond P. Beaudoin et ux and :
�+ Armand Valliere et al, 400.0:.feetd °
SOUTHEASTERLY: by land now or formerly of.Emma
sus M. Kohl et al, 115.0 feet
w SOUTHWESTERLY: by land now or formerly owned by
Leopold Pomerleau, 400.0 feet. =^�
•9 '
j
1
t
I
Being the same premises conveyed to us by deed of
Leopold romerleau dated:February 1, 1963 which deed is
recorded in the Essen North District Registry of needs in
Book 979, page 206.
WITNESS our hand and seals this 4th day of November,
1993.
�ah.n, Jr.
anne G QJle . CAh.n
COMMONWEALTH OF MASSACHUSETTS
e
88&EH, SS November 4, 1993
Then personally appeared the abovenamed William B.
Callahan, dr. and Jeanne G. Callahan who acknoirledged the
foregoing to be their free act and deed b ore pie this day.
NotAx5i Ilia is
82y Connission Expires. y�,w
DANA S.COH
t
m is
�ls �a�y�tf�d�r
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QUITCLAIM DEED
C3 , Lillian B. Serio and Jeanne 0. Callahan of
Gp
For North Andover, Essex County, Massachusetts
C
Consideration oft ONE HUNDRED FORTY TWO THOUSAND TWO HUNDRED
($142,200.00) DOLLARS
GRANT TOs Thomas D Laudani, Trustee of Hillside
Realty Trust, u/d/t dated June 16, 1993 to 6e�
be recorded herewith, of 733 Turnpike Street, X.
Suite 209, North Andover, MA 01645
with QUI`PCLAIM COVENANTS
the land and the buildings thereon in North Andover, Essex
m county, Massachusetts commonly referred to as 240 Hillside
c Road in said North Andover and shown on a plan entitled "Plan
e Showing Land of Leopold & Blanche Pomerleau, North Andover,
& Massachusetts, December 1962, Brasseur Associates'!-'recorded
` u as Plan#4706 in the Essex Northern District Registry of
r Deedsk. which premises is bounded and described according to
said Plan as follows:
ro
o NORTHWESTERLY by Hillside-Road eighty-five (85) feet,,
n: said northwesterly bound running for seventy-five
c o (75) feet of its length along land marked "Leopold
10 Blanche Pomerleau" on said Plan and for the remaining
). a ten (10) feet of its length along other land marked
"Leopold Pomerleau" on said Plan;
NORTHEASTERLY by remaining. land marked "Leopold
Pomerleau" on said Plan four hundred (400) feet;
SOUTHEASTERLY by land marked "Emma M. & Walter O.
y Kohl" on said Plan eighty-five (85) feet; and
u u .
,off SOUTHEASTERLY by land marked "Charles E. & A1ida
Canty" on said Plan two hundred (200) feet and by
other land marked "Frank & Lillian Sciro" on said
Plan two hundred (200) feet, for a total of four
hundred (400) feet (it being believed that the land 7
marked "Frank & Lillian Sciro" on said Plan ought
correctly to have been marked "Frank & Lillian
Serio") ;
i the above described premises, shown on said Plan as three
parcels comprising two parcels of land marked "Leopold
Pomerleau" and one parcel of land marked "Leopold & Blanche
Pomerleau') being the premises conveyed as three parcels in
two separate deeds to Leopold Pomerleau and Blanche
Pomerleau, one said deed having been dated november 25, 1932,
by Louis Pomerleau to Leopold Pomerleau and Blanche Pomerleau
and recorded in the Essex Northern District Registry of
Deeds, Book 568, Page 297, and the other said deed having
been dated February 1, 1963 by Leopold Pomerleau to Leopold
Pomerleau and Blanche Pomerleau and recorded in the Essex
Northern district Registry of Deeds, book 979, Page 205.
y
s. _.
Leopold Pomerleau died..5eptember 12, 1993 (Essex �<
Probate No. 36;412); Blanche Poinerleai died March 27, 1985
(Essex Probate No. 65POWWE1) .
Being the same premises conveyed to gas by deed of
Lillian B. Serio and Jeanne 0. Callahan, trustees of the
Blanche Pomerleau 1904.Trust which deed is recorded in Book
23SO, Page 29.
WMESS our hands and seals this 4th day of November,
1993.
01.
7{ /
Li-
zan S. Ser o
2ea.�nn, �Ca�3�han
COMKONKMTH OF MA.SSACHUSETTS
ESSEX, SS November 4, 1993
Then personally,appeared the abovenamed Lillian,S.
Seri® and Jeanne G. Callahan who acknowledged the foregoing
to be their frees act and deed before me is day.
o
"`' No ' ac .........
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;, k .> My
Coraissson hires: dej
S.COREN
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QU
UTCLNIM DEBD.
LBO
t Frank Serio, Jr. and Lillian a. *Serio of
North Andover Essex country, Haseachupetts.
ttt €o W
! consideration w€a TWO HUNDRED TWENTY six THOUSAND NINE $e9
` HUNDRED PIETY THOUSAND ($226,950.00) DOLLAR.
GRAN.. T10 'Thomas D. Laudani, Trustee of Hillside
Realty Trust u/d/t dated June 16, 1993 to
be recorded herewith, of 733 Turnpike Street.
! Suite 209, North Andover, RA 01545
WITH QUITCLAIM COVENANTS
a certain pardei.of: land,, in said North Andover with the
buildings thereon situated a.h the 'southerly side of Hillside
® Road, being shown on'Pla4 of Land in North Andover owned by
°o Charles E. Canty, dated April_ 1955, Ra1.ph,.b..Brasseur,
Engineer, recorded with the'North Essex Registry of Deeds an
Plan No. 3006, and more particularly bounded and described.as
s , follows:
ri*ORTH34ESTERL,Yi one hundred twenty one and :03/10®_,
(121 03) feet* by Hillside' R®ad;
as shown''on'said' Plan;
NORTHEASTERLYt two hundred t200) .:feet .by land:
now or formerly of Pomerleau, as .�
shown oft said plan';
SOUTHEASTERLY: one hundred twenty (1$0) feet by
land now or formerly of_.:.Canty, as
® shown on said Plan; and]..'
N 30H 'STERLY: ene hundred eighty-four and ='
20/100 (184.20) feet by other
0 land of said Canty, as shown on
said Plan.
>.a
to
32
.5
r{
et{
1
Y
1.3,04 a:7
Beira the� same premises Canrreyed to ass by deed of
Leopold Pomerleau and Bi 6ch a Pom®rleau dated April 9, 19S9
which dead is recorded in.book SS:Z, gage 310.
WITNESS our hands and seals thin 4th clay of November,
1993.
Y
ank et': :o, Y.
t
��z.�::�''
L111aan B. Serio
-:COMMOMzALTjq OF NNSSAC'FWt ETTS
ESM, November 4, 1g99
Then per.ponally appeared the abovenamed Frank Serio,
Jr, and Lillian B. Serio she atknowiedged the fore goipg to be
their frea act and deed bofgre me
It ai !
Vot b
l�groiiission Expires s
• yak ® °tt
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(19
AIN
d ` DECLARATION or TRUST>
ESTABLISHING
T
HE
HILLSIDE REALTY TRUST
Is Thomas Da Laudan.4, do: hereby declare that and successor G3 .
Trustee(s) in Trust hereunder, will hold all such proportion as
may be transferred, to me as such Trustee, or;to any successor `<
r Trustee(s) hereunder, in trust for the sole benefit of the
beneficiaries for the time being hereunder, upon the terms
9 '
hereinafter set forth.
.All references hereinafter to the term "Trustee" (although,
° � I hereinafter generally used in the singular), wherever used
° herein, shall be treated as a reference to such person of such
t gender and number who are at the time serving as Trustee
hereunder, and shall as applicable, include as the original
�7 ''
7 Trustee' and such:person(s)s who hereafter are serving-as
� p ( ) a
F E' successor or additional Trustee(s) hereunder. All rights,
pourers, authorities, and privileges reserved hereunder by and for
the Trustee may be exercised by the original Trustee or by any
< u7
person(s) who hereafter is or ere eerving to Trustee(s)
hereunder, subject to the provisions hereof.
/04
! 1. Name of Trust. The Trust hereby established shall be
referred to as the HILLSIDE REALTY TRUST.
2. Beneficiaries. The ourrent. bensficiaries of this Trust
C are the persons who ara listed on a "Schedule of Beneficiaries"
setting forth the names and than respective percentage interests
10,3.471. mo
335
¢ ®� n ems.-7
BASS a7
of each such parson. Such Schedule has been executed by the.
Trustee hereunder and said beneficiaries, and may from time to
time, be amended by an instrument to any such affect as may be
executed by the then Trustee(s) hereunder and each such
beneficiary. If any beneficiary as, from time to timer listed in
a Schedule of Beneficiaries is a trust entity, the rights and
powers of such entity as a beneficiary shall be exercised by all
of the Trustees thereof, or by such of them as are empowered by
the trust instrument therefore to act on behalf of such trust
entity, '
Except as otherwise permitted by all of the beneficiaries, ! .
the interests of the beneficiaries (subject only to descent and j
distributions by Will-or by operation of law) shall not be
transferable and their respective percentage interests shall
remain as set forth on said Schedule as from time to time
amended. In the event of a transfer of any such beneficial
interest by will or by operation of law, the consent of any such
transferee to any action by the Trustees shall, at all times, be
presumed to have been made and actual consent by any such {
transferee shall not be required. Any Trustee hereunder may,
without impropriety, be or become a beneficiary hereunder and
exercise all rights of a beneficiary with the same effect as
though he were not a Trustee.
3. 'rust Estate tar Benefit ®f Bansficiariee. The Trustee .
shall hold any property or rights given, transferred or conveyed
to him as Trustee, and all issues and accretions in res
peft
thereto, for the benefit of the beneficiaries from time to time
®2-
10,3.471.
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180 (and all ieferancee hereinafter to beneficiaries shall be treated
as a reference to those who are at that time the beneficiaries
heraafj which shall be recorded in their favor or the Trustees
shall asks provision for dispositions thereof pursuant to the
direction of the then beneficiaries.
4. Powers of Trustee(s). Subject to the written direction or
consent of the majority in interest of the beneficiaries, which
shall be conclusively evidenced pursuant to,the provisions of
Section s hereof, the Trustee shall have power and authority to
borrow money, purchase property and assign, transfer, sell,
4
mortgage, grant leases, options covering any part or all of such
( property, and to grant discharges and partial- releases of
mortgagee, or otherwise dispose of all or any part of the trust i
property all for such consideration and upon such terms and
conditions is the Trustee, acting with such authority and
direction or consent shall deem proper.
The Trustee shall have full power and authority to delegate
by suitable written instrument to any parson(s), acting singly or
together with others, whether or not serving as a grustee �
hereunder, full power and authority to perform such acts and to
j execute such instruments which such Trustee sight do or perform
under this Declaration of Trust.
Any and all instruments executed pursuant to powers herein .
contained may create obligations extending over any periods of
time, including periods extending beyond the date of any possible
termination of the Trust.
®3-
I�,3.471.
f
�.9.3,8 8;7
Notwithstanding any provisions contained herein, no Trustee
shall be required to take any action which will, in the opinion
of such Trustee, involve him in any personal liability unless
first indemnified to him satisfaction. Any person dealing with
any Trustee shall be fully protected in accordance with the
provisions of Section s hereof. j
5. Term of Trust: Termination. The Trust may be
terminated at any time by a majority in interest of the
beneficiaries by notice in writing to the Trustee, and the Trust
shall terminate in any event twenty (20) years after the death of
the original Trustee hereunder. 'In case of any such termination,
the Trustee shall transfer and convey the specific assets i
constituting the trust estate, subject to any lease, mortgages,
contracts, and other encumbrances or matters affecting the trust
estate to the beneficiaries in proportion to their respective
interests.
6. Resignation, Removal, Addition, Succession of Trustee.
Any Trustee hereunder may resign by written instrument signed and
acknowledged by such Trustee, and such resignation shall, as
respects real estate interest in the name of the Trust be
recorded with each such Registry of Deeds (the Registry) within
each such county in which any real property interests of the
Trust are then located and in which this Declaration is to be
recorded.
At any time or tines a majority in interest of the
beneficiaries may by written instrument to the following effect,.
remove (with or without cause) a Trustee and/or add one or more
10,3.471. '
m .�m. . -------
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additional TrurtseCa) hereunder The reMOVal of a Trustee, if
exercised by the beneficiaries, shall be reflected by a
Certificate, reciting such removal executed and acknowledged by
any Trustee then in or succeeding to such office and recorded (if
applicable) with the Registry.
If for any reason the original Trustee or any additional
{ Trustee as appointed by the beneficiaries shall cease to be a
Trustee hereunder, the then Cc-Trustee, if any, shall continue as
t ,
sole Trustee hereunder unless a successor Trustee shall be
designated by written appointment of the beneficiaries. Any
person appointed or succeeding to the office of Trustee
hereunder; pursuant to written appointment by the beneficiaries
as aforesaid, shall become a Trustee upon acceptance of such
appointment, to be represented by written instrument to that
effect signed and acknowledged by such person and the remaining
Trustee, if any, and thereupon duly recorded with the Registry.
A statement by such successor or additional Trustee and the
remaining Trustee, if any, in such written instrument of
a acceptance that such successor or additional Trustee has been
duly appointed as Trustee, pursuant to the provisions of this
paragraph, and that such successor or additional Trustee accepts
such appointment shall be conclusive evidence of his appointment
as 'Trustee hereunder and of the facts upon which such appointment
was predicated.
Upon the appointment of any additional or successor Trustee,
the title to the trust estate shall thereupon and without the
necessity of any transfer or conveyance be vested in the said
mgs
10,3.471.
f
BK3887
r7
additional or successor Trustee jointly with.the remaining
Trustee(a), if any. Each succeeding Trustee shall have all the
rights, powers, authority and privileges of a Trustee hereunder
as fully as if named an an original Trustee hereunder.
No Trustee ®hall be required to furnish bond.
7. Amendment of Declaration of Trust. This Declaration of
Trust may be amended from time to time by an instrument of
amendment signed by the then Trustee(®) hereunder and -the
beneficiaries, provided, in any event, that no such amendment
shall become effective until either (a) such instrument of
amendment or (b) a certificate by any Trustee, setting forth the
terms of such amendment, has been signed, acknowledged and E
recorded (if applicable) with the Registry.
S. Trustee Res2onsibility/Reliance by Third Parties. No
Trustee hereunder shall be liable for any error of judgment nor
for any loss arising out of any act of omission in good faith,
but ahall be responsible only for his own willful breach of
trust. Na license of court shall be a requisite to the validity
of any transaction entered into by the Trustee(a). No purchaser
or lender shall be under any liability to see to the application
of the purchase money.or of any money or property loaned or y
delivered to any 'trustee, or to see that the terms and conditions F
of the Trust have been complied with.
Every agreement, bill of sale, assignment, base, deed,
mortgage, note or other instrument executed by any person
appearing from the records at any Registry to be a Trustee
hereunder shall be conclusive evidence in favor of every person
dem
1o,3>e71.
. e
E3
..... ._. is
relying t2ierson or clRiming thereunder that, at the time of the
184
delivery thereof, this Trust was in full force and affect end
that the execution and delivery of such instrument was duly,
directed by the beneficiaries. Any person dealing.with,the trust
property of the Trustee may always rely, without further. inquiry,
on a certificate signed by any person appearing from the records ,
at the Registry to be a Trustee hereunder, as to (i) whether or,
not the Trust has.been terminated, (ii) who are the Trustse(s). or,
the beneficiaries hereunder, (iii) the authority of the
Truitee(s) to act, (iv) the existence or non-existence of any
fact or facts which constitute conditions precedent to acts by
the Trustee($), or (v) any other matter germangi to the affairs of
the trust. Execution .of such instruments by any,one Trustee.
shall be effective.
9. Third Party Rights Against Trutt Estate Only, In. every
written contract.made by the Trustes(s), reference shall be had
to this. instrument, and any person contracting or doaling with
the Trustee shall look only to the trust estate or corpus and not
to the Trustee individually nor to the beneficiaries for the
payment of any debts, note, mortgage, judgment or decree or any
E other obligation or any money that may otherwise become due and
payable by reason of the failure on the part of the Trustee to
z
perform such contract in whole or in part or for any other cause
or reason.
10. Action by one Trustees. It is expressly understood
that if it appears from the records at' the Registry of Deeds
where this Trust is recorded that there is more than one Trustee
a7m
10,3.471.
t
I
893887
r
e
--------
hereunder, then any one of said Trustees, may unilaterally
sx®rcis® the govern Of the Trutse hereunder, inaiuding, without
limiting the generality of the fora"izng, the execution or bills
at sale, 68e4TIments,• deeds, atraemonta, mortq&l6s, motes,
leases, and other instruments and contract&.
ita n ar, all referenoss and use herain of the female
gender or pronoun shall mean tine male Vendar, and reference
and
use of the Plural shall Mann singular and vice warm, except
whore such Seaning would n®gato any portion or this document.
Zxeoutod as a sealed inotwament the/ day of I
dun®p 1��30
au n
zaazas, go.
Then Personally appeared the above naiad Thomas D. Laudanf
WA Acknowledged the £orej®ift igaatrc ant to be his tree act and
'de", before me,
Notary Public
pggq�,� �qpp� qg q pp ®qs a 1i{{/q 4
. "'Y 9lMWiY0Gi1Wi�.p� 69di6®�q v yF{•�'.����. ����d fly,
;fix...;..: •'T wp tl61••h �6i,'.Ne•
16i�04Ti¢ ®�®
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F
E,
B 3887
' GRAN`!"OF EAREM&T 219
1, Thomas D. Laudani,Trustee of hillside Realty Trust ufdit dated
June 16, 1993, recorded with the:Essex North ReCA
gistry off Reeds,herewith, rIVII
for consideration paid of One Dollar(S t,.00), hereby grants to the
Inhabitants of the Town of North Andover, Essex County, Massachusetts,
an easement to pass and repass on and over the way known,as lyucklin Road
and to use said way for all purposes for which streets and ways are
commonly used in North Andover,Massachusetts. Rucklin Road is more
particularly described on sheet 2 of 6 of a playa entitled"Special Permit and
Definitive Flan of Meadowood 11,North Andover, Mass",dated July, 1993,
by Merrimack Engineering Services,Inc. 66 Park Street, Andover,MA
0 18 10,which plan has been filed with Essex North Registry of Reeds as
Plan No.alkA. Expressly excluded from the conveyance hereunder is the
area designated on sheet 2 of 6 of the Flan as"Temp. Cul�De-Sac.Access
Easement". Grantor expressly reserves from the conveyance hereunder the ~�
fee interest of the land subject to this easement.
For title reference see deeds recorded herewith.
14
Executed as a seated instrs meat the 1,14"day of November, 1993,
Hillside Realty Trust �
By: '
oinas D.LaudA Trustee
and not individually
E
4
I!)
kE-
Bk 3887 Pg220 {{ #35815
I
B9388
o a
COMMONWEALTH:191E MASSACHUSETTS
Essex,as November_e, 1993
Then personally&ppeared:the above named Thomas D. Laudand,
Trustee as aforesaid and acknowledged the foregoing instrument to be the
free act and deed of Hillside Realty Trust,before me;
i Notary Public
My Commission Expires:-S-im-gT
i
I
a
f
J
Pam.. ,.�.,.:...., .
8[3.887
A`
0 1
14 FORM M
S; COlIY YAHCE Of EAS£'h£HTS'A 0 . t TYt S. ��
ro
Thomas D. Laudani, Trustee of �16, 1993
64
w Hillside Realty Trust u/dit dated Jung of 733 Turnpike Str of u a
V Nort Andover, s . ..Coun y, aStiE,UEe s,. or a � '�•
re toffs ' ono a ,
erat hereby grants.. transfers and 0
deli 'unto the own o 7 or Andover a
municipal Corporation in Ytssox . oun y, • t,y f.
F
A. TAe perpetual rights ::and easements to construct, inspect, repair, � ;.
4 remove, replace, operate and forever maintain (.1) a sanitary seller R
ar sewers with any manholes, pipes, conduits and. other appurtenan-
ces,
ces, (2) pipes conduits and their appurtenances .for tha conveyancO(,"
of xater, a�sd �3) a covered surface and gyroun.d:watar drain or drains j
with any Manholes, pipes, tonduits and the•tr iOOurtenances, and to--
do all other acts incidental to the fortooing', "includtn9 the right ';Z
to pass along and aYer the lend for the aforesaid purposes, in, _1
throagh, and under the whole of aucklin R
a; dated July, 1993 , as Pan 5 ma a and said pion {
Incoroorated nereln Tor a amp ete and detailed destrtption of said
roads.
LeB. The per.ppe,tual rights and easement 'to use for drain_age'
u the foltowina par �col of land situated a;s oLF" c it_ss
�-
a a in satd'toxn o:f
and bounded and d:scribe
a 201 Wide Drainage $aaament shown on Lot 7 shown on' P,X&A b/,4w- {
Ra "
a
4. a ,
a
ca $
4 H
0
The grantor warrants that the aforesaid easements are free and Ilea
au0 of all lions or encumbrances. that: he (.it) has good title to trans-
far the same, and that he will defend the same against claims of all ;
persons.
°4 For grantor title sea deadsfrom William P. CallahAn
�+*z dated November &I , and recordedn s
o taorEW r DistrTU� #i'istry of Deeds, o
.49
9 Brew tit awe or under Certificate of•Title ho. ;
* refits erF� 3n District
of JH6 a�Caurt, Book age
•G. Callahan ;
To be completed if a mortgage exists:
And of
th%greson o ar o 'a
mortgage o e a ve scr a an , which Wbrtpage is dated
11 19 , and recorded in Said Deeds+ BoofC
a e or consider4tia,n paid. hareby releases
unE'"o Ve Eowe larever rose the operation of said mortgage, the rights
and easements herainabove granted and assents thereto-
(Page 1 of 2)
sAcu oOae Op66060a6 Il-al-48 O4,00 fY ►a!'
- Win.;, ..a ...... _. �-�-R .. .nvo.........-_ .. -..,.......a•.ua:n•�... .+,+•...,....
Bk 3887 Pg222 #35816
:
Hillside Ae ty 'trust
s b. Lpu T :tea and
•.Authorised signature of Mortgage.* Omer not xnft hua��y
t� IN WiT'HESS wHEREOF we have-hereunto set our hands and :eels this
{ day of Hovembor 14 --,fir,.
COMHON4EALTH OF MASSACHUSETTS
Ns'asx ,s s November
Than .prsQflRiiy appeared the abovo-nBoed Thomas G. Laudani, Truotea
and acknowledged the fdregoing to be his free
act and aead..beWe me.
Notary public
My Commission Expires:
NOTE: This cOnvsyaflce .t-s:.not effective until 'accepted .by Town Meeting
or the Board of Sel'ectmeh.
E
(page 1 of•Z)
" naor ee00000000aoo n-oi-®s a<,:o rx ., , rob '
......v.-:ate....,... ......... .,r.:w•-n ........._._.. .,.......,,....,r....,_.
BK 4350 PSG 47
J
HILLSIDE REALTY TRUST
APPOINTMENT AND ACCEPTANCE OF ADDITIONAL TRUSTEE
The undersigned,Thomas D.Laudani as Trustee of Hillside Realty Trust
under a Declaration of Trust dated June 16, 1993 and recorded with Essex
Northern District Registry of Deeds,at Book 3887,Page 178(the"Trust"),and
Franklin S.Davis,certify,pursuant to-paragraph 6 of the Trust,that Franklin S.
Davis has been duly appointed as an additional trustee of the Trust by a written
appointment of the beneficiaries of the Trust. N
►P
The undersigned,Franklin S.Davis,hereby accepts appointment as a N
Trustee of the Trust.
IN WITNESS WHEREOF,the undersigned has executed this as a seal
instrument as of this IG day of September 1995.
�Frauklin S.Davis, Thomas D.Laudani,
Trustee Trustee
COMMONWEALTH OF MASSACHUSETTS
Silk- SeptemberoZ�,,1995
Essex,SS
v
Then personally appeared the above named Franklin S.Davis,Trustee as
aforesaid, and acknowledged the foregoing to be his free act and deed,before me.
Notary Public m
My Commission Expires:Mq /U�
Zx
COMMONWEALTH OF MASSACHUSETTS �, m
sue.
�n
Essex,SS September 2G 1995 Q
2.
Then personally appeared the above named Thomas D.Laudani,Trustee as
v
aforesaid,and acknowledged the foregoing to be his free act and deed,before me.
Notary Public
My Commission Expires:
191AO r oar//
K 4350 PG -
LSIDEREALTY TRUST
RESIGNATION OF TRUSTEE
l� The undersigned,Thomas D.Laudani as Trustee of Hillside Realty Trust
under a Declaration of Trust dated June 16, 1993 and recorded with Essex
Northern District Registry of Deeds,at Book 3887,Page 178(the"Trust"),
pursuant to paragraph 6 of the Trust,hereby resigns as a Trustee of the Trust.
IN WITNESS WHEREOF,the undersigned has executed this as a seal 2NV
instrument as of this day of September 1995. N
_ A
?rel' W
omas D.Laudani,Trustee
COMMONWEALTH OF MASSACHUSETTS
£5sex, SS September'L-, 1995
Then personally appeared the above named Thomas D.Laudani,and
aclmowledged the foregoing to be his free act and deed,before me.
Notary Public
My Commission Expires: -3
4
zXF
ao
Town of North Andover woRr�
OFFICE OF
COMMUNFIFY DEVELOPMENT AND SERVICES -
27 Charles Street m $
North Andover, Massachusetts 01845 �s`R,rEo
WILLIA-1\4 J. SCOTT S.ackus
Director
(978) 688-9531 Fax(978) 688-9542
July 14, 1999
Evergreen Management
200 Park Street, Suite 2
North Reading, MA 01864
RE: Street Acceptance for Meadowood III Development
Dear Developer:
The Planning Office is in the process of assessing active subdivisions to determine the
compliance with the approved plans and the decision. Our goal is to assist you in
reaching street acceptance with a completed project. In going through our files, we
noticed that you have documentation required to be submitted to our department to
maintain compliance with the Town of North Andover Subdivision Regulations and the
Notice of Decision issued relative to your project. In the absence of this information,
you will be unable to get your street accepted.
On the following page, please find a detailed list of information we will need in order for
you to get your street accepted. The list may refer to conditions in your Notice of
Decision, which we ar-e attaching for you to easily refer to.
Additionally, I would suggest that you set up a meeting with myself, so that I may
explain to you what is left in your subdivision to be completed. At that time we can also
schedule an inspection of your subdivision by the Department of Public Works at a
mutually convenient time in order for you to be ready for street acceptance.
This list is only a preliminary review, and there may be more items outstanding that need
to be completed once an inspection has been conducted. Upon further review your
subdivision, we will compile a more detailed comparison of your decision(s) and the
rules and regulations as it relates to your subdivision.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
I am also attaching street acceptance guidelines with sample letters for you to utilize and
inform you how the process will work.
Sincerely,
Heidi Griffin
Town Planner
Cc: Tim Willett, D.P.W.
Jim Rand, D.P.W.
William Scott, CD&S Director
Board of Selectmen
Attachments: List of Outstanding Items, Samples of Certificate of Compliance, Warrant
Article & Stone Bounds, Notice(s) of Decision, Street Acceptance
Guidelines
ITEMIZED LIST OF OUTSTANDING ITEMS FOR MEADOWOOD III
The following items are presented in three sections. Section 1 is the Recording
information required. The information checked in this section is considered missing or
incomplete. Section 2 are the items missing or incomplete as required by the Notice of
Decision for the PRD, if applicable. Sections 3 are the remaining items missing for the
Subdivision Decision. The numbers for sections 2 and 3 represent the item number in the
respective decision. Please review your enclosed decision carefully to coordinate with
this information. Rather than handle each issue separately we would recommend that all
of the necessary research to resolve all of the below issues be conducted prior to
contacting the Planning Office. This will insure that meetings to resolve these issues are
productive.
Section One
Recorded Decision
Recorded Plan
Recorded Form-1
Recorded Form-M
Recorded Growth Management Form
Recorded Form-J l/
Section Two
NOTICE OF DECISION ITEMS —PRD
An as-built showing the following:
1. 1 (b)
2. 5 (a)
3. 5 (b)
4. 5 (e)
Section Three
NOTICE OF DECISION ITEMS —SUBDIVISION
An as-built showing the following:
1. 2 (c)
2. 7 (a)
3. 9 (a)
4. 9 (b)
5. 9 (c)
6. 9 (d)
7. 9 (e)
8. 9 (f)
9. 9 (g)
10. 9 (h)
11. 9 (i)
12. 90)
13. 9 (k)
14. 9 (1)
15. 9 (m)
In accordance with section 9a of the subdivision rules and regulations of North Andover,
you must request a certificate of compliance for a street acceptance.
A copy of the subdivision rules and regulations are available in the Planning Office located at 27 Charles
Street for S10.00, We recommend that if you do not have a copy you purchase one. Obtaining specific
pages fi-om the Regulations may not provide all of the information necessary to address your issues.
GO
Date: August 3, 2011
To: Judy Tymon
From: Pat
RE: Street Acceptance—Meadowood III
Meadowood subdivision was developed in three sections.
The third portion was subdivided into lots, Peterson Road& an extension of Bucklin Road on
plan 12461.
The land was originally conveyed into Thomas D Laudani, trustee of Hillside Realty Trust. 2,4,8*
Laudani, trustee granted the Inhabitants of the Town of North Andover the right to pass &repass 6
over Bucklin Road as described on plan 12461.
Laudani, trustee granted the Town of North Andover all pertinent utility easements as shown on 8,11
plan 12461.
In 1995 Franklin S Davis was appointed additional trustee. 20*
Thomas D Laudani subsequently resigned as trustee. 21*
Of record Franklin S Davis is still current trustee.
The most recent instruments recorded in North Essex state that he lives in North Reading.
North Essex Registry of Deeds run through 7/28/2011.
*: see memo for Meadowood II for copy
Patricia G Cavanaugh Title Examiner North Essex Registry of Deeds
Cell Phone: 978-618-6636 FAX. 978-685-9735 Email:pat*hecavanaughs.com
�l;a
QUITCLAIM DEED
�8
I, -Victor -M. Peterson, Trustee of the Peterson Nominee Realty
Trust, u/d/t dated -February 28, 1993, recorded -with the Essex
North District Registry of Deeds .in Book 399r , Page /6A , of 274
Hillside Road, North Andover, Essex County, Massachusetts,
IN CONSIDERATION OF SIX HUNDRED EIGHTY -THOUSAND AND N0/100
u ($680,000.00) DOLLARS
m
0
,b grant to Thomas D. Laudani, Trustee of Hillside Realty Trust,
u/-d/t -dated \e, , and -recorded with Essex
North -District Registry -of Deeds in -Book 3"-7 , Page %-►¢
o
� of 733 Turnpike Street, Nuit-e 2D9, North Andover, Essex County, �
Massachusetts,
WITH QUITCLAIM COVENANTS,
.,� The land in North Andover, with the buildings therean, bounded and
described as follows:
r+
NORTHWESTERLY by Hi'.1-side Road, two hundred forty and 18/100
n (240.18) feet;
NORTHEASTERLY by land formerly of Charles E. Canty et -ux, six
hundred -twenty-eight and 15/100 (628.15) feet;
SOUTHEASTERLY -by land of Charles E. Canty et ux, forty-four (44)
�+ feet;
oSOUTHERLY by lands :now or formerly of Johnson anti Cole, two
hundred --ninety-one and 87/100 (n1.87) feet; o
w SOUTHWESTERLY by land now or formerly of James Canty, two-hundred
o n-inety-seven and 2/10D (29-7.02) feet;
SOUTHERLY by land -now or formerly of James Canty,
eighty-seven and 80/100 feet; and
WESTERLY by the Andover -By-Pass, so-.called, one hundred six u;
and 8/100 (106.08) feet.
Containing 3.26 acres, more or less.
Being the same premises conveyed to me by deed of Lola D. Peterson
dated March 1, 1994, and recorded with Essex North District
-Registry of Deeds, Book 3'997 , Page 147 . Cf�
D INSTRUMENT THIS �" DAY OF SEPTEMBER,
EXECUTED -AS A SEALS ��-
1994
Witness Vic or -M. Peterson, Trustee
as aforesaid
,levy
°yt
K 4129 _RG 18
18g
COMMONWEALTH OF MASSACHUSETTS
Essen SS: September /q , 1994
Then personally appeared the above-named Victor-M. Peterson,
Trustee -of the Peterson-Nominee Realty Trust, and acknowledged the
foregoing instrument to be his free act and deed, before me,
PETER J , l iC
My Commission Expires: 01-17-97
�f so 6u
f
91
MASSACHUSETTS QUITCLAIM nEED SHORT .1 II2.,T. I.I 8811
G Charles R. Annaloro, Ur. -and-1,eonard U. -Annaloro, Trustees of Holbrook Realty Trust :91
i-tamer a Declaration of Trust dated September 22, 1993 and recorded with North
&sex Registry of Deeds in Book 3841, Page 265, having an address of 236-Pleasant.
Street, Methuen, Massachusetts
tvOqxmaaos*K for consideration paid,and in full consideration of Three Hundred Twelve-Thousand
.Five Hundred and 00/100 ($312,500.00) Dollars
grantto Thomas D. Iaudani, Trustee of Hillside Realty Trust under Declaration of
Trust dated Dune 16, 1-993 and recorded with North Essex District Registry of Deeds
-in Book 5 6� Page \7 Tr having and address of 733 Turnpike Street; Suite 209, North
Andover, Massachusetts 01845 WMH
the land described in Exhibit A attached hereto
es.0. ..sr
Cu Rr +�I
�� III Ili
i
4-t
u
iiurBB QU 1tands -2nd seals this nineteenth teenth day of amber ,1994 ~u
y
C C —c�z' R. , JR., TRUSS /
ArEUNARD J. , TRUS
2fbe<6nmmauutraltl�of 3 tuagindt idW
Essex, ss. September 19, 19-94
Then personally appeared the above named Charles R. -Annaloro, Ur. and Z,ecnard J.
Annaloro, Trustees aforesaid
and acknowledged the-foregoing instrument to be their free act and deed before me
LC. OakleyNotary Pub
missionexpires Q3/05/2000 m
(I Individual—Joint Tenants—Tenants in Common.)
CHAPTER 193 SEC.6As AMENDED BY CHAPTER 497 of 1969
Every deed presented for record shall contain or have endorsed upon it the full name,residence and post office address of the_grantcc
and a recital of the amount of the full consideration thereof in-dollars or the-nature of the other consideration therefor,if not delivered for a
specific monetary sum.The-full consiAention shall meat the total price for the conveyance without deduction for-any liensor encumbrances
assumed by the grantee or remaining thereon.All such endorsements and recitals shall be recorded as part of the deed.Failure to comply
with this section shall not affect the validity of any deed.No register of deeds shall accept aAccd for recording unless it is in compliance with
the requirements of this section.
i�{ �g tt i
EXHIBIT M. 1+ Z 9 P13 1
_A certain parcel of land, with the buildings thereon, situated in North Andover, Mass.,
and being more particularly bounded and described as follows:
Beginning at a point on the -southerly side of hillside Road at the northwesterly -corner of
land conveyed by Charles E. I;anty et ux (Canty) on May 3, 11M, to Leopold Pomerleau -et
ux, said deed being recorded in North Essex -Registry of Deeds in Book 812, Page 437;
thence running in a southwesterly direction icy the southerly line of Hillside Road one
hundred eighty-one and 98/100 (181.98) feet, more or less, to land previously conveyed by
Canty to one Laland B. Cole -by deed recorded In said Registry in Book 791, Page 3; thence
turning and running in a southeasterly direction six hundred twenty-eight and 15/100
(628.13) feet by said Cola -land to an iron pipe; thence .turning at an angle 90' and
running forty-four and 0/170 (-44.0) feet by said Cole land to a drill hole; thence turning
and running in a southeasterly direction three hundred twelve (312) feet, -more or less, by
land now or once-of Delmar -McNeil to land now or formerly of Marino; thence turning and
running in a northeasterly direction a total of seven hundred-twenty-three and b5/100
(723.-65) feet, more or less,to a point; thence turning and -running in -a-northerly and
northwesterly direction four hundred twenty-two and 4/10 (-422.4) feet, more or less, to an
iron pipe in the southwest line of Salem Turnpike, so called; thence turning and running
in a northwesterly direction by said -Salem-Turnpike seventy and 34/100 (70.34) feet, =more
or lees, to 1-and-now or formerly of one Barbagallo, as -shown on Plan -#3564 in -said
Registry; thence turning and running -in a southwesterly -direction three hundred (300) feet
by -said Barbagallo land to an iron pipe; -thence turning and running -in a northwesterly
direction still by said Barbagallo land mne hundred fifty (150) -feet to an iron pipe;
thence turning -and running in a northeasterly direction one hundred twenty-five (125) feet
still by said -Barbagallo-land to land -conveyed by Canty to one De Benedetto, -said deed
being recorded-with said Registry in Book 834, Page 13; thence turning and running in a
northwesterly direction one hundred twenty-five (125) feet by said De:Benedetto land to a
point; thence turning and running in -a-northeasterly direction by $aid De Benedetto land
one hundred fifty-five (155) feet too -a point; thence turning and running in a curved line
thirty-one and-42/100 (31.-42) feet to said Salem Turnpike; thence turning and running
along said Salem Turnpike sixty (bD) feet, :more or less, to land now or formerly of
-Finochlaro, sshown on Plan 03036 in said Registry; thence sunning in -a southwesterly
direction one hundred seventy-five (175) feet more or less by said Ftnochiaro land; thence
turning and running in a northwesterly-direction one hundred twenty-five (125) feet by
-said Finochiaro land to land now or formerly of one Kcal; thence turning and -running in a
southwesterly direction one hundred twenty-five (125) feet by said -Koal land; thence
turning and running by said Koal land ninety-five and nB8/100 (95.88) feet to land now or
-formerly of Pomerleau; thence turning and running in a-southwesterly direction fifty-two
and 70/100 (32.70) feet, more or lose, by said Pomer-eau land to an iron pipe; thence
turning and running in,a northwesterly direction two -hundred (200) feet to an iron pipe at
the southeasterly corner of land previously conveyed by Canty to said Pomerleau by deed
recorded in said Registry in Book tl2, page 437 -and mentioned above; thence turning and
running in a southwesterly direction one hundred twenty (120) -feet, more or less, by said
Pomerleau land to an iron pipe; thence turning and running in a northwesterly direction
one hundred -sixty-two and 28/100 (162.28) feet by said 3omerleau -land to a point; thence
turning and running in -a curved line thirty-five and'99/100 (35.9'9) feet to Hillside Road
and the point of beginning.
Excepting, -however, from the herein -conveyance that portion of PARCEL A included in the
-above described parcel-which PARCEL A is shown on A -plan of land -entitled "Special Permit
and-Definitive Plan, Meadowood III, North Andover, Mass., Owner and:Developer: -Hillside
Realty Trust, P.O. Box 6700 -Suite 209, North Andover, Mass." dated April 1'994, revised
August 3, 1-994, Merrimack Engineering Services, Inc. -which plan is recorded herewith.
Being a portion of the premises -conveyed to the herein grantors by deed of Charles R.
Annaloro, Jr. et al dated November 23, 1993 and recorded with said-Registry at Book III/ ,
-Page l�3 .
j` t�K 4 1 8
\� 18 GRANT OF:EASEMENT
1, Thomas D. Laudani, Trustee of Hillside Realty Trust u/d/t dated
June 16, 1993,-recorded with the Essex North Registry of Deeds at Book
3:887, Page 178,for consideration-paid Hof One Dollar($1.0% hereby grants
to the Inhabitants of the Town of North Andover, Essen CDunty,
Massachusetts, an easement to pass and repass on and iover the ways-known
as Bucklin Roadand Peterson Road-anti to use said ways for all purposes
for which streets and ways are commonly used in North Andover,
Massachusetts. Bucklin Road and-Peterson Road areanore particularly 0
described on sheet 2 of 6 of a-plan entitled "Special Permit and-Definitive "
Plan of Meadowood Ill, North Andover, Mass", dated April, 1994,-Rev.
8/3/94 by Merrimack Engineering Services, Inc. 66 Park Street,Andover,
MA 018-10, which plan has-been Bled with Essex North Registry of Deeds
as-PlanNo.8j4 . Grantor expressly-reservesfrom the-conveyance
hereunder the fee interest of the land subj-cct to this easement.
For title reference see deeds recorded herewith.
ra
Executed as a sealed instrument the 13 ay of Srptember, 1-994.
tv
Hillside Realty Trust
Lo
L
By:
T omas D. Laudani, Trustee
and not individually
RDEASEM.DOC
W/,7 G
COMMON-WEALTH-OF MASSACHUSETTS 212
Essen,ss September /_;, 1994
Then personally appeared-theabove-named Thomas D. Lauzlani,
Trustee-as aforesaid and acknowledged the foregoing instrument to be the
free act and-deed of Hillside Realty Trust, before me,
Ski- !S—�1 -
Notary Public A
My Commission Expires:
NOTE: THIS CONVEYANCE IS NOT EFFECTIVE UNTIL
ACCEPTED BY TOWN MEETING.
2
�= K 41429 PG 220
�b FORM M T
CONVEYANCE OF EASEMENTS AND LML1TIES
Hillside Realtv Trust ,(nameof owner)of North Andover, MA (address)
County,Massachusetts;for the consideration of 10.00 ,hereby grants,transfers and delivers unto the
Town of North Andover,a municipal corporation in Essex County,the following:
A. The perpetual rights and easements to construct,inspect,repair,remove,replace,operate and forever
maintain(1)a sanitary sewer or sewers with any manholes,pipes,conduits and other appurtenances,
(2)pipes,conduits and their appurtenances for the conveyance of water,and(3)a covered surface and
-ground water drain or drains with any manholes,pipes,conduits and their appurtenances,and to do all
other acts incidental to the foregoing, including the right to pass along and over the land for the
aforesaid purposes, in, through, and under the whole of Bucklin Road and* , 40ed N
_ said-piau is zssada-a;id said plan is incorporated herein for a complete and
detailed description of said roads.
Peterson Road as shown on a plan entitled "Special Permit and Definitive Plan
Meadowood III North ANdover, Mass. Owner and Developer Hillside Realty Trust"
which plan is dated April, 1994, Rev. 8/3/94, and filed with the Essex North
Registry of Deeds as Plan No. (the"Plan").
See Continuation Sheet attached hereto and incorporated by reference.
The grantor warrants that the aforesaid easements are free and clear of all liens or encumbrances,that he(it) mom
-has good title to transfer the same,and that he will defend the same against claims of all persons. r-.a
/and Peterson Nominee Realty Trust
For grantor's title see deecfifrom Holbrook Realty Trust dated September `ck , 19 94 ,and tv
recorded in Essex North District Registry of Deeds,Beek herewith ,gage
rBeek CID
US
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.
Hillside Realty Trust
Authorized signature of Mortgagee Owner Thomas D. Laudani, Trustee I
and not individually
IN WITNESS WHEREOF we have hereto set our hands and seals this day of
September 19 94
GJ/a 7.7-6 7
r�
BK 4 '9 PG 22
22
FORM M
CONTINUATION PAGE
B. A drainage easement over and across-Lots 19, 20,21, 22, 23 and 26
in the area shown on the Plan as"Prop 20' Wide Drainage Easement.
C. The perpetual rights and easements to construct, insp-ect, repair,
remove, replace, operate and forever maintain (1)pipes and conduits for a
sanitary sewer, and(2)pipes and conduits for the conveyance of water,
under Lot 15 in the area shown on the Plan as"Prop 18' Wide Common
Driveway Access Esmt and Utility" and under Lots 23 and 24 in the area
,shown on the Plan as "Prop IT Wide Driveway Easement and Utility".
By accepting these easements grantee agrees that grantee's access to
-the land shall only be at reasonable times and in a reasonable manner and
only as reasonably necessary for the purposes allowed herein. In the event
the land is dug up or disturbed by grantee, grantee agrees to restore said
land as near as possible to the condition it was prior to it being dug up or
disturbed.
k; 2 PG
2 COMMONWEALTH OF MASSACHUSETTS
ss ay rnta,, 3 19 94
Essex j , / Trustee as aforesaid
Then personally appeared the above named Thomas D. Laudani. and acknowledged the foregoing to be
his free act and-deed,before me.
Notary Public1��
My Commtss on Expires:
NOTE: This-conveyance is not effective until accepted by Town Meeting,
CONFIRMATORY gig. 4298 (-
FORM M
CONVEYANCE OF EASEMENTS AID UTILITIES
Hillside Realty Trust ,(nameofowner)of North Andover, MA ,(address)
County,Massachusetts;for the consideration of$10.00 ,hereby grants,transfers and delivers unto the
Town of North Andover,a municipal corporation in Essex County,theTollow+ing:
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 wbole of Bucklin Road and* 4a%d
said t aad said plan is incorporated herein for a complete and (/1
detailed jiscription of said roads.
Peterson Road as shown on a plan entitled "Special Permit and Definitive.-Plan
Meadowood III North Andover, Mass. Owner and Developer Hillside Realty Trust"
which plan is dated April, 1994, Rev. 8/3/94, and filed with the Essex North
::Registry of Deeds as Plan No.12461 (the"Plan").
See Continuation Sheet attached hereto and incorporated by reference.
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. a
/and Peterson Nominee Realty Trust
For grantor's title see deecbfrom Holbrook Realty Trust dated September , 19 94 ,an 1V
recorded in Essex North.District Registry of Deeds,Beelt herewith ,pagee
cn
This is not a homestead property.
To be completed if a mortgage exists:
And the present holder M
of a mortgage on the above described land,which mortgage is dated , 19 and recorded z x
in said Deeds,Book Page for consideration paid,hereby releases unto the Town forever from 0 m
the operation of said mortgages,the rights and easements herein above granted and assents thereto.
Hillside Realt Trust
BL� c�0'°
Authorized signature of Mortgagee Ow Thomas D. Laudani, Trustee
and not..individually t y� day of
IN INITNESS WHEREOF we have hereto set our hands and seals this rp
jtily ,19 95
LEVY&HALPERIN
Counselors at Law
60 Milk Street
Boston,MA 02109
ti
F , K 4298 P
COMMONANTALTH OF NWSACHUSETfs
Essex ,ss July I ,19 -95
/ Trustee as aforesaid
Then personally appeared the above named Thomas D. Laudani, and acknowledged the foregoing to be
his free act and deed,before me.
'otary�P.b ���
My Commission Expires:
Notary Public
My Commiulon Expire®February 24,2000
NOTE: This conveyance is not effective until accepted by Town Meeting.
BK 98 PG 5
FORM M
CONTINUATION PAGE
B. A drainage easement over and across Lots 4, 19, 20, 21, 22, 23, 26
and 27 in the area shown on the Plan as "Prop 20' Wide Drainage Easement. .
C. The perpetual rights and easements to construct, inspect, repair,
remove, replace, operate and forever maintain (1)pipes and conduits for a
sanitary sewer, and(2) pipes and conduits for the conveyance of water,
under Lots 14 and 15 in the area shown on the Plan as "Prop 18'Wide
Common Driveway Access Esmt and Utility" and under Lots 23 and 24 in
the area shown on the Plan as"Prop 18' Wide Driveway Easement and
Utility".
By accepting these easements grantee agrees that grantee's access to
the land shall only be at reasonable times and in a reasonable manner and
only as reasonably necessary for the purposes allowed herein. In the event
the land is dug up or disturbed by grantee,-grantee agrees to restore said
land as near as possible-to the condition it was prior to it being dug up or
disturbed.
This documents confirms the Form M Conveyance of Easements and
Utilities dated September 13, 1994 recorded with Essex North Registry of
Deeds at Book 4129, Page 220 in which reference to the drainage easement
over Lots 4 and 27 and the utility easement over Lot 14 were erroneously
omitted.