HomeMy WebLinkAbout1987 Legal Documents Salem Forest III DEF SUB EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that I, Coleman P. McDonough, Trustee of McDonough
Realty Trust, under a Declaration of Trust dated April 21, 1988 and recorded in Book
2718, Page 87 at the Essex North District Registry of Deeds, Lawrence, Massachusetts,
hereinafter referred to as Grantor, for full consideration of One Dollar ($1.00) paid,
grant to the New England Telephone and Telegraph Company, hereinafter referred to as
Grantee, a New York corporation having its principal place of business at 185 Franklin
Street, Boston, Massachusetts 02107, its successors and assigns forever with quitclaim
covenants the right and easement to lay, construct, reconstruct, operate, maintain,
replace and remove lines for the transmission of intelligence upon, over, under and
across a certain private way known as HAWKINS LANE as now laid out or as may be laid
out in the future in the Town of North Andover, Essex County, Massachusetts. Said
private way as now laid out and shown on a plan entitled, "Definitive Subdivision Plan
of Salem Forest II Located in North Andover, Massachusetts, Owner and Applicant:
George H. and Wanda H. Farr, 2.63 Raleigh Tavern Lane, North Andover, Ma. 01845, Thomas
E. Neve Associates, Inc. , Topsfield, Massachusetts 01983, Scale 1" = 401 , Date: Nov.
26, 1986, Revised: Nov. 6, 1987" and recorded as Plan #10973 at the Essex North
district Registry of Deeds, Lawrence, Massachusetts.
The above granted rights being more particularly described as the perpetual right
within said private way to lay, construct, reconstruct, operate, maintain, replace and
remove underground cables, pipes, conduits, manholes, and such surface testing
terminals, pedestals, repeaters, markers and other appurtenances with wires and/or
cables therein as the Grantee may from time to time desire within said private way and
within strips of land ten (10) feet in width and ten (10) feet in depth along the side
lot line of lots abutting said way, the side lines of said strips shall be parallel
with and five (5) feet distant from the said lot lines, in the event the
aforedescribed facilities cannot be placed within said five (5) foot by ten (10) foot
strips of land then the Grantor and Grantee shall mutually agree upon other five (5)
foot by ten (10) foot strips of land within said lots which shall then become
permanent upon placement of the aforementioned facilities, with the right to cut down
and keep trimmed all trees, bushes, underbrush and growth including the foliage
thereon as the Grantee may from time to time deem necessary for the safe operation of
said lines.
The Grantee shall have the right to connect such conduits, manholes, cables and
wires with the poles, conduits, cables and wires which are located or which may be
placed in parcels of land, private, public ways or streets within, adjacent or
contiguous to the aforesaid premises. Permission is herein granted to enter said
private way, strips of land and premises for all the above purposes.
For Grantors Title see Book 2718, Page 96.
WITNESS our hands and common seal this /,)� day of 0 C>'*1Kc— 1988.
MCDONOUGH .�EALTY TRUST
By
Coleman P. McDonough
COMMONWEALTH OF MASSACHUSETTS l /,
l ss. 1988.
Then personally appeared the above-named Coleman P. McDonough and acknowledged the
foregoing instrument to be his free act and deed and the free act and deed of the
McDonough Realty Trust, before me.
i
otar 4 i /
My Commission Expires
GRANT OF EASEMENTS
Coleman P. McDonough, Trustee of McDonough Realty Trust under a Declaration of
Trust dated April. 21, 1988 and recorded with Essex North District Deeds Book 2718,
Page 76 for consideration paid and for the full consideration of One Dollar and
other good and valuable consideration grants to the Town of North Andover,
Massachusetts, a municipal corporation located in Essex County, Massachusetts and
having an address of 120 Main Street. North Andover, Massachusetts a perpetual
easement for access and egress by foot traffic to town owned land abutting the
locus over the following described area:
That portion of Lots 2 and 3 on a plan entitled "Definitive
Subdivision Plan of Salem Forest III Located In North Andover,
Massachusetts, Owner and Applicant George H. and Wanda H.
Farr 263 Raleigh Tavern Lane, North Andover, MA 01845
Thomas E. Neve Associates, Inc. Engineers/Surveyors/Lane Use
Planners, 447 Old Boston Road, U.S. Route #1, Topsfield,
Massachusetts 01983" approved by the North Andover Planning
Board on October 26, 1987 and recorded in the Essex North
District Registry of Deeds as Plan 10973 insofar as areas are
depicted on said plan as drainage easements.
The grantor warrants that the aforesaid easements are free and clear of all liens or
encumbrances, that he has good title to transfer the same, and that he will defend
the same against claims of all persons.
For grantor's title see deed from Farr Better Homes, Inc. dated April 21, 1988, and
recorded in Essex North District Registry of Deeds, Book 2718, Page 96.
And Andover Savings Bank of 61 Main Street, Andover, Massachusetts the present
holder of a mortgage on the above described land, which mortgage is dated May 20,
1988, and recorded in said Deeds, on May 24, 1988 as Instrument No. 11629, and a
mortgage dated October 19, 1988, and recorded in said Deeds, on October 19, 1988
as Instrument No. , for consideration paid. hereby releases unto the town
forever from the operation of said mortgage, the rights and easements hereinabove
granted and assents thereto.
And Farr Better Homes, Inc. of 216 Raleigh Tavern Lane, North Andover,
Massachusetts the present holder of a mortgage on the above described land, which
mortgage is dated April 29, 1988, and recorded in said Deeds, Book 2718, Page 100,
for consideration paid. hereby releases unto the town forever from the operation of
said mortgage, the rights and ea, nts he einabove�ranted and assents thereto.
Aut rize ignkt re of Mo agee N Owner
T
Authoriz d Signature of Mortgagee •
1
IN `WITNESS` WHEREOF, we have hereunto set our hands and seals this
o day of 19�3
COMMONWEALTH OF MASSACHUSETTS
d�'55 d x . ss L:�w , 1988
Then personally appeared the above named C. P. McDonough. Trustee and
acknowledged the foregoing to be the free act and deed of McDonough Realty
Trust, before me.
Notary Pub ec
My Comrpnsskon Expires:
COMMONWEALTH OF MASSACHUSETTS
� sS ss 1988
Then personally appeared the above named � -t 519'--ellal'I "lKand
acknowledged the foregoing to be the free act and deed of Andover Savings Bank,
before me.
otary Public
My Commission Expires: —/-9�
COMMONWEALTH OF MASSACHUSETTS'0 ss e "/����
Pd 1988
Then personally appeared the above named George H. Farr, President and Treasure
and acknowledged the foregoing to be the free act and deed of Farr Better Homes,
Inc. before me. 2k
Notary Publi
My com i s'on Expires:
NOTE: This conveyance is not effective until accepted by Town Meeting or the
Board of Selectman
AJIM\1.MCDON.GRE
2
84 RESTRICTIVE COVENANTS
Pursuant to the requirements of the Planning Board of the
Town of North Andover in connection with its approval of the
Definitive Subdivision Plan entitled:
DEFINITIVE SUBDIVISION PLAN OF SALEM FOREST III LOCATED IN
NORTH ANDOVER, MASSACHUSETTS
Owner and Applicant: George H. Farr and Wanda H. Farr
Engineer: Thomas E . Neve Associates , Inc.
Recorded as Plan No . 10973 on January 7 , 1988 at the Essex
North District Registry of Deeds
The undersigned Farr Better Homes , Inc. a Massachusetts
Corporation having its usual place of business in North Andover,
Essex County, Massachusetts does hereby covenant and agree with
the Town of North Andover Planning Board that the property shown
on said Plan shall be subject to conditions one through sixteen
inclusive contained in the Town of North Andover Planning Board
Modification Approval of Salem Forest III dated October 22 , 1987
and filed with the Town Clerk' s office of North Andover as
follows :
1 . That the record owners of the subject land forthwith
execute and record a "covenant running with the land" , or
otherwise provide security for the construction of ways and the
installation of municipal services within said subdivision, all
as provided by G.L. c 41 , S. 81-U.
2 . That all such construction and installations shall in
all respects conform to the governing rules and regulations of
this Board.
3 . That, as required by the North Andover Board of Health
in its report to this Board, no building or other structure shall
be built or placed upon Lots No . (none ) as shown on said Plan
without the prior consent of said Board of Health .
NOTE: This decision replaces the Planning Boards initial
decision on this definitive subdivision issued on
May 6 , 1987 . The reason for this modification is
to incorporate the Board' s list of conditions into
the plan as well as address the Order of Conditions
issued by the Conservation Commission on April 1 , 1987 . 85
4 . The developer shall not place the coat of bituminous
pavement until an interim As-Built and certification by the
Design Engineer has been submitted and approved by the Planning
Board indicating that all utilities have been installed and are
correct in accordance with the approved definitive subdivision
plans and profiles . Said certification will include as a minimum
all drainage facilities .
5 . No lot(s ) or group of lots shall be released from the
statutory covenant until the binder coat of bituminous pavement
has been installed and a certification by the Design Engineer has
been submitted stating that the pavement is in the correct
vertical horizontal alignment as approved in the Definitive Plan.
6 . The Planning Board recognizes that it would be
environmentally correct in the minimizing of wetland filling and
therefore waivers the strict compliance with the Rules and
Regulations in maintaining proper side slopes . The Board will
require the applicant to increase the side slopes in the area of
wetland filling to allow for a 1 to 1 slope provided, however ,
that a guard rail of acceptable standards be installed in those
areas where directed by the Division of Public Works . Said guard
rail shall be set a distance of six ( 6 ) feet from the gutter line
of the roadway and at the top of the slope and provided further
that the 1 to 1 side slope be rip-rapped for erosion control to
the satisfaction of the Division of Public Works . This condition
shall be incorporated and shown on the Definitive Plans .
7 . No lots will be released from the statutory covenant
until the Conservation Commission and the Board of Health have
approved such lot construction and an Order of Conditions has
been issued by the Conservation Commission.
8 . The plans shall be revised to incorporate detail
construction specifications for proper installation of the box
culverts including, but not limited to: time and duration of
installation, dewatering, base preparation, erosion controls and
wing wall construction and will include a separate topographic at
a scale of 1" to 20 ' of the vicinity of the crossing showing
existing and proposed elevations and work with borings and peat
depth for approval by the Planning Board and the Division of
Public Works .
9 . The applicant shall provide 30 foot wide easement
granted to the Town running from Hawkins _Lane to the land of the
Commonwealth in the area between lots 2 and 3 . Said easement
will be used as a pedestrian access/egress right-of-way and
provide emergency access to the land owned by the Commonwealth.
The developer shall remove a 15 ' area wide of all natural
vegetation found within this easement, grubed and cleared. Stone
monuments shall be placed adjacent to the Hawkins .Lane right-of-
way at each easement line. The monuments shall include the
wording: "Public Access" .
S� 10 . The applicant shall show the existing stone bounds on
Patton .Lane and Granville .Lane .
11 . Parcel 'A' shown on the plans at the intersection of
Patton Lane and Hawkins Lane shall be eliminated. Area shown as
parcel 'A' will be deemed part of the right-of-way for both
streets . '
12 . The water main and gas main installation shall be shown
on the profile of Hawkins Lane in accordance with the Rules and
Regulations of the Planning Board.
13 . An additional hydrant shall be installed at the end of
the cul-de-sac .
14 . Applicant shall show proposed dwellings , driveways and
septic systems along the proposed lot grading to indicate how
each lot will support a habitative area and will not adversely
effect abutting properties and other lots within the subdivision.
15 . All easements shall be submitted and executed by the
Planning Board prior to endorsing the plans .
16 . A letter from DPW stating that the DPW has no problems
regarding the redesign of the roadway, prior to endorsing the
plans .
IN WITNESS WHEREOF the said FARR BETTER HOMES, INC. has caused
its corporate seal to be hereto affixed and these presents to be
signed, acknowledged and delivered in its name and behalf by
George H. Farr , its President and Treasurer hereto duly
authorized, this 21st day of April , 1988
Signed and sealed in presence of
FARR BETTER HOMES, INC.
BY
mV Gr//�� P
Georg H. Farr , President
and Treasurer
THE COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss . April 21 , 1988
Then personally appeared the above named George H. Farr and
acknowledged the foregoing instrument to be the free act and deed
of FARR BETTER HOMES, INC.
before me,
Nota 'Pub c
My Nor
expires;/' /' p
Recorded Apr.29, 1988 at 10:39AI`19298
Y
m '
SUBDIVISION CONTROL AGREEMENT SECURING THE
CONSTRUCTION OF WAYS AND MUNICIPAL SERVICES
Agreement made "this 6th day of August, 1979 , by and between
George H. Farr, hereinafter referred to as the "Applicant" ; Andover
Savings Bank, hereinafter referred to as the "Lender" ; and the Town
of North Andover, acting through its Planning Board, hereinafter
referred to as the "Board" , vis :
Whereas , pursuant to the provisions of the Massachusetts Sub-
division Control Law and the Board' s Rules and Regulations adopted
thereunder, the Board has approved a definitive plan entitled "Salem
Forest, " dated May, 1975 , and revised September 1 , 1975.
The Applicant and the Board have agreed upon conditions of
approval which conditions have been inscribed on said Plan, which
conditions are as follows :
1. That the record owner of the subject land forthwith execute
and record a covenant running with the land or otherwise
provide security for the construction of ways and the
installation of municipal 'services within said subdivision.
2 . All improvements and design standards shall meet the
requirements of the rules and regulations governing the
subdivision of land in the Town of North Andover in effect
on the signing of these plans .
3 . Water installation shall be in accordance with the Board of
Public Works .
4 . Each lot shall require individual disposal system permits
subject to the Board of Health Rules and Regulations.
5 . A temporary turn-around to town specifications will be
installed as soon as possible.
- 1 -
2 _
Whereas an agreement was entered into on May 23 , 1978 , ,
by the said parties, which secured the construction of ways and
municipal services from Station 0 + 00 to 30 + 50 of Granville
Lane, as shown on a plan entitled "Definitive Subdivision Plan of
Salem Forest, May 1975 and revised September 1, 1975 . "
Whereas , in accordance with the terms of the said May 23 , 1978
agreement, an amount of $52 , 175. 00 is presently being withheld by
the said Lender, and the said Board has possession of a Bay State
National Bank savings account passbook with principal and interest in
the amount of $9 , 944. 00 , which equals a total amount of $62 , 119 . 00
presently being withheld to secure said construction of ways and
municipal service , from Station 0 + 00 to 30 + 50 of Granville Lane.
,Whereas , said amount currently being withheld is in excess of
the amount necessary to secure the remaining work required under the
terms of the said May 23 , 1978 agreement.
Whereas , the Applicant now wishes to secure the completion of
the construction of the ways and municipal services for the remaining
approximately 964 feet of Granville Lane as shown on said plan.
Whereas , it is determined by the Board that an amount of $89 , 000 . 00
will sufficiently secure the completion of ways and municipal
services for the entire Granville Lane roadway as shown on said plan.
Now, therefore, it is understood and agreed that the Lender
shall continue to withhold the sum of $52 , 175. 00 , and the Board
shall continue to withhold the sum of $9 , 944 . 00 , contained in said
savings account passbook, and the Applicant shall deposit a further
amount of $26 , 881. 00 in said savings account held by the
Board, for a total amount of $89 , 000 . 00 withheld, to secure the
3 -
completion of the construction of ways and municipal services for '
the entire Granville Lane roadway as shown on said plan.
The Board shall release only such funds , from time to time , as
approved by a vote of the Board as the ways and municipal services
shall be deemed to have been completed or partially completed in
accordance with its applicable rules and regulations .
It is further agreed and understood that all of the above
services and ways shall be completed no later than October 1, 1980 , and
the roadway binder courses no later than October 1 , 1979 for the final
964 feet unless the dates be extended by written amendment by mutual
agreement of the parties thereto.
In the event the work is not completed within the times set forth
or as extended, said funds as retained by the Lender shall be made
available to the Board for completion of the work, and the Applicant
shall be deemed to have authorized the release of said funds for
said purpose, and to have relinquished all claim to said funds .
The obligations of the parties hereunder are to be construed
consistent with the subdivision control law, and no rights granted
thereunder are waived.
Executed as a sealed agreement on the date first written above.
TOWN OF NORTH ANDOVER
PLANNING BOARD
Y
Chairman , acting or the
Town of No. Andover.
ANDOVER SAVINGS BANK
r.
i
By
Its Assistant Vice President
- 4 -
APPLICANT
GEORGE H . FARR
B /,0/. C ,
Y
Presideng Farr Better Homes , Inc.
COVENANT FOR COMMON DRIVEWAY 79
WE, George H. Farr and Wanda H. Farr, recorded in Essex
North District Registry of Deeds in Book 1087 , Page 314 , fee
owners of the following described real property located in North
Andover, Essex County, Commonwealth of Massachusetts and shown
as Lots 4 and 5 on a plan entitled "Definitive Subdivision Plan
of Salem Forest III" located in North Andover, Massachusetts ,
Scale 1"=40 ' dated November 26 , 1986 and revised January 23 ,
1987 , Prepared by Thomas E. Neve Associates, Inc. , 447 Boston
Street, Topsfield, MAssachusetts, 01983 , and recorded in the
Essex County Registry of Deeds as Plan No. 10973 , hereby make
the following declaration as to the installation, maintenance
and use of a common driveway to be constructed on said lots ,
and hereby specify that such declaration shall constitute
covenants to run with all the land, as provided by law, and
shall be binding on all parties and all persons claiming under
them, and for the benefit of and limitations on all future owners
of said lots, this declaration being designed for the purpose
of keeping the lots desireable, uniform and suitable for use
as hereinafter specified:
That the owner or owners of said lots and all of their
successors and assigns shall contribute equally to the
construction and maintenance of the common driveway to be
8o constructed. Said covenant shall include, but not be limited
to repair and snow removal.
WITNESS our hands and seals this 1-5th day of--.January, 1987 .
George H Farr
Wanda H. Farr
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. January 15 ,1987
on this 15th day of January, 1987 , before me
personally appeared George . and Wanda Farr and acknowledge the
i
foregoing to be their free act and deed.
�rary V blic
i My Commission Expires:
Recorded flpr.2g, 1988 at 10:39AIT, , `9296
Notice to APPLICANT/TOWN '.and Certification of Action of Planning Board
on Definitive Subdivisiox�( iaant:ent'it1d:
SALEM FOREST III
By: George Farr i dated December 8 , 19 86
The North Andover Planning Board has voted to APPROVE said plans subject to the
following conditions:
1. That the record owners of the subject land forthwith execute and record -�
a "covenant running with the land"l or otherwise provide security for the con-
struction of ways and the installation of municipal services within said sub-
divisiont all as provided by G.L. c. 41, S. 81-U.
2. That all such construction and installations shall in all respects
conform to the governing rules and regulations of this Board.
3. That, as required by the North Andover Board of Health in its report to
this Board) no building or other structure shall be built or placed upon Lots
No.' as shown on said Plan without the prior
consent of said Board of Health.
4• Other conditions: l
See attached conditions.
1
In the event that no appeal shall have been taken from said approval within
twenty days from this dates the North Andover Planning Board will forthwith
thereafter endorse its formal approval upon said plan.
X-"XdMXXX
NORTH ANDOM PLANNING BOARD
Date: May 6 , 1987 By: Erich W. Nitzsche
SALEM FOREST III
CONDITIONAL APPROVAL
1. The drainage computations are technically correct,
however IEP explains the installation of a new 10 ' by 5 '
concrete box culvert will lower the flood stage upstream
of the proposed hawkins Lane from elevation 106 . 2 to
elevation 105 . 8 . This lower flood stage will result in
a loss of available flood storage in the upstream
meadow of probably more than 15 acre feet. The flood
storage capability of the upstream meadow attenuates
flood , flows downstream. The loss of available flood
storage in that meadow would in all probability increase
peak flows downstream not only in the 100 year storm but
also in all minor storms. This would, also in all
probability, negatively effect the environmental balance
of the existing meadow over a long period of time by
lowering of the water surface. In light of the fact
that no testimony has been presented to refute this
belief, the Planning Board requires the applicant to
restore the existing flood stage elevation 106 . 2 and
redesign the crossing to assimilate existing conditions
in all storms. Further , the drainage computations must
be performed by, and signed and stamped by a
professional engineer in the proper discipline of
Hydrology and Hydraulics. The revised . drainage
calculations will include, as a minimum, the topographic
outline of the upstream meadow and its storage capacity
as well as an inventory of the wetland plant and
wildlife species that may be effected by any change in
the existing conditions.
2 . The develop-ex shall not place the coat of bituminous
pavement until an interim as built and certification by
the Design Engineer has been submitted and improved by
the Planning Board indicating that all utilities have
been installed and are correct in accordance with the
approved definitive subdivision plans and profiles.
Said certification will include as a minimum all
drainage facilities .
3 . No lot (s) or group of lots shall be released from the
statutory covenant until the binder coat of bituminous
pavement has been installed and a certification by the
Design Engineer has been ' submitted stating that the
pavement is in the correct vertical and horozontal
alignment as approved in the Definitive Plan.
4 . The Planning Board recognizes that it would be
environmentally correct in the minimizing of wetland
filling and therefore waivers the strict compliance with
the rules and regulations in maintaining proper side
slopes. The board will require the applicant to.
increase the side slopes in the area of wetland filling
to allow for a 1 to 1 slope provided, however , that a
guardrail of acceptable standards be installed in those
areas where directed by the Division of Public Works.
Said guard rail shall be set a distance of six (6) feet
from the gutter line of the roadway and at the top of
the slope and provided further that the Ito 1 side slope
be rip-rapped for erosion control to the satisfaction of
the Division of Public Works. This condition shall be
incorporated and shown on the Definitive Plans.
5. The applicant shall install three (3) water gates at the
intersection of Patton Lane and Hawkins Lane in
accordance with the rules and regulation.
6 .. No lots will be released from the statutory covenant
until the Conservation Commission and the Board of
Health have approved such lot construction and an Order
of Conditions has been issued by the Conservation
Commission.
7 . The plans shall be revised to incorporate detail
construction specifications for proper installation of
the box culverts inluding, but not limited to: time and
duration of installation, dewatering , base preparation,
erosion controls and wing wall construction and will
include a separate topographic at a scale of 1" to 20 '
of the vicinity of the crossing showing existing and
proposed elevations and work with. borings and peat depth
for approval by the Planning Board and the Division of
Public Works.
8 . The applicant shall provide a seper ate, 30 foot wide
parcel of land running from Hawkins Lane to the land of
the Commonwealth in the area between lots I and 2 . • Said
parcel of land shall be deeded in fee to the Town of
North Andover and will be used as a pedestrian
access/egress right of way to the land owned by the
Commonwealth. The developer shall not remove any
natural vegetation in this parcel of land during the
roadway and/or lot construction without the approval of
the Planning, Board . Any such removal of vegetation will
require the developer to replant and restore the parcel
to its natural condition.
9.. The . applicant shall show the exisitng stone bounds on
Patton Lane and on Granville Lane.
10 . No construction whatsoever will be allowed on Hawkins
Lane until Patton Lane has been finished in its entirety
to the satisfaction of the Planning Board and the
Division of Public Works, and a Certificate of
Compliance has been issued by the Conservation
Commission.
11. The plans will not be endorsed by the Planning Board
until the status of Parcel 'A' at the intersection of
Patton Lane and Hawkins Lane has been resolved to the
satisfaction of the Planning Board.
12. No common driveways will be allowed in this subdivision
without a Special Permit under the Zoning Bylaws of the
Town of North Andover .
13 . The water main and gas main installation shall be shown
on the profile of Hawkins Lane in accordance with the
rules and regulations of the Planning Board.
14 . An additional hydrant shall be installed at the end of
the cul-de-sac.
15 . All catch basin outlets will discharge on the upstream
side of Hawkins Lane. In order to minimize the
increased rate of runoff from peak storms, the discharge
from the catch basins at the intersection of Patton and
Hawkins Lanes will empty into a detention pond to be
designed and located between Hawkins Lane and land of
McClung . A detention drainage easement will be
dedicated.
16 . Applicant shall show proposed dwellings, driveways and
septic systems along with proposed lot grading to
indicate how each lot will support a habitative area and
will not adversely effect abutting properties and other
lots within the subdivision.
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APPEALS NORTH ANDOVER
North Andover,
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April 7 , 1987
Mr . Daniel Long , Town Clerk
Town Office Building
North Andover , MA 01845
RE: Hawkins Lane, Lots 4 and 5
Salem Forest Definitive Subdivision
Common Driveway Special Permit
APPROVAL
Dear Mr . Long:
The North Andover Planning Board held a public hearing upon
the application of George Farr on Monday evening March 2 , 1987 in
the Town Office Meeting Room. The hearing was advertised in the
North Andover Citizen on February 5 and 12 , 1987 . The following
members were present: Michael P. Roberts , Vice-Chairman, Erich W.
Nitzsche , Chairman, John Simons , Clerk , John J. Burke, and Paul A.
Hedstrom> The decision was rendered at the April 6 , 1987 Planning
Board meeting , whereby all of the aforementioned board members
were present and voting .
The petitioner seeks a Special Permit for a common driveway to
service two lots under Section 2. 30 . 1 of the North Andover Zoning
Bylaw. The premises is known as Lot 4 and 5 Hawkins Lane , located
on the south side of said street. Both lots are in -the
Residential®2 (R-2) Zoning District designation containing an area
of 3 . 75 acres and street frontage of 770 feet owned by George and
Wanda Farr .
At the hearing the following discussion took place :
John Simons read the legal notice and letters from the Fire
Chief , the Highway Surveyor , the Board of Health and the Police
Department were read into the record. Nora Daghlian from Thomas
Neve Associates , Inc . represented the applicant. Ms. Daghlian
stated the common driveway would be placed away from the ledge and
that it would minimize the amount of wetland crossing. Covenants
for lots 4 and 5 have been submitted. The driveway is to be 18
feet wide with a turnaround and the applicant will provide an
additional fire hydrant if requested by the Fire Chief.
The Planning Board rendered their decision at their April 6 ,
1987 meeting. The following members were present and voting:
Erich Nitzsche , Michael Roberts , John Burke, Paul Hedstrom, and
John Simon.
VOTE : Unanimously to approve the common driveway Special Permit
for Lots 4 and 5 , Hawkins Lane of North Andover , MA
subject to the following:
1. The turnouts shall be constructed in the locations
approved by the Planning Board and the Fire Department for
the purpose of emergency vehicle access to dwellings.
2 . A permanent stone marker shall be placed at the entrance
to the driveway designating the permanent house numbers to
be engraved on every side of the marker. . This shall be
made clearly visible from all directions of Foster Street.
3 . The covenant submitted by Thomas Neve Associates , Inc . ,
for George Farr which outlines responsibilities of
maintenance shall be recorded at the Registry of Deeds.
Proof of recording shall be made as part of the orders of
conditions . The Town of North Andover shall not be
responsible for maintenance or servicing said common
driveway.
4 . Upon completion of the driveway, house construction and
landscaping and prior to issuance of an occupancy permit,
the applicant shall request a letter_ of compliance from
the Planning Board accompanied by a certification and as
built plan from the project engineer who prepared the plan
stating that the work has been completed in accordance
with the submittal plans , approval of other town
departments and this conditional permit.
5 . The common driveway easements shall be shown on plan to be
recorded at the Registry of Deeds and referenced in the
deeds as easements. All conditions shall be listed on
said plan.
6. The applicant will comply with the NACC Orders of
Conditions issued April 1, 1987 , DEQE File No.
In granting the Special Permit requests , the Planning Board,
pursuant to Section 10 . 31 ® Conditions for Approval of Special
Permits of the Zoning Bylaw, find the following:
a. The proposed common driveway are appropriate locations for
such a use due to the extensive wetland between the
Hawkins Lane and the proposed house dwelling locations;
b. The common driveway, as proposed , with the required
changes, will not adversely affect the neighborhood
provided the conditions of the approval are adhered to;
C. There will be no nuisance or serious hazard to vehicles or
pedestrians by the constructions of the common driveway;
d. Adequate and appropriate facilities will be provided for
the proper operation of the proposed use , specifically by
means of a recorded maintenance agreement.
Based on site visits , the public hearing process , and
testimony from town boards and departments , the proposed common
driveways are in harmony with the general purpose and intent of
the Town Zoning Bylaw, specifically Section 2.30.1.
"A way located on a lot which provides vehicular access to
the building on the lot. Each driveway shall service no
more than one lot. Subject to the granting of a Special
Permit from the Planning Board , a driveway may be shared
by not more than three (3) lots . Each such shared
driveway must be regulated by a recorded maintenance
agreement running in perpetuity with the land. "
Sincerely,
PLANNING BOARD
Erich W. Nitzsche,
Chairman
EWN:nrs
cc: Fire
Highway
Public Works
Tree Dept.
NACC
Police
Health
Building Inspector
Assessor
Applicant
Engineer
File
Interested Parties
KNOW ALL MEN BY THESE PRESENTS
that COLEMAN P. McDONOUGH, TRUSTEE of McDONOUGH REALTY
TRUST under a Declaration of Trust dated April 21, 1988,
recorded with Essex North District Registry of Deeds in Book
Page of North Reading, Massachusetts, (hereinafter
referred to as the Grantor) for consideration of One ($1 . 00)
dollar, grants to MASSACHUSETTS ELECTRIC COMPANY, a
Massachusetts corporation with its principal place of business
at 25 Research Drive, Westborough, Worcester County,
Massachusetts (hereinafter referred to as the Grantee) with
quitclaim covenants , the perpetual right and easement to
install, construct, reconstruct, repair, replace, add to,
maintain and operate for the transmission of high and low
voltage electric current, an "UNDERGROUND ELECTRIC DISTRIBUTION
SYSTEM" (hereinafter referred to as the "UNDERGROUND SYSTEM" )
in North Andover, Essex County, Massachusetts, consisting of
lines of buried wires and cables and lines of wires and cables
installed in underground conduits, together with all equipment
and appurtenances thereto for the furnishing of electric
service to the herein described premises , and without limiting
the generality of the foregoing, but specifically including the
following equipment; namely; manholes, manhole openings,
handholes, junction boxes, transformers, transformer vaults,
padmounts, padmount transformers and all housings, connectors,
switches, conduits , cables and wires all located within the
easement area of the hereinafter described property.
Said "UNDERGROUND SYSTEM" is located in, through,
under, over, across , and upon Lots 1 through S, inclusive, as
well as a private street or way known as Hawkins Lane all as
shown on a plan entitled: "DEFINITIVE SUBDIVISION PLAN OF
SALEM FOREST III LOCATED IN NORTH ANDOVER, MASSACHUSETTS, OWNER
AND APPLICANT GEORGE H. AND WANDA H. FARR NOV. 26, 1986" ,
recorded with Essex South District Registry of Deeds as Plan
#10973 .
And further, said "UNDERGROUND SYSTEM" (locations of
the electrical equipment and other facilities on the
hereinbefore referred to premises of the Grantor) is laid out
and more particularly shown on a sketch entitled: "GRANVILLE
LANE, PATTON LANE, HAWKINS LANE OFF SALEM STREET NORTH ANDOVER,
MASSACHUSETTS SHEET NUMBER 044-042" , said sketch is made a part
hereof by reference thereto, copies of which are in the
possession of the Grantor and Grantee herein, and the final
definitive locations of said "UNDERGROUND SYSTEM" shall become
established by and upon the installation and erection thereof
by the Grantee, in substantial compliance with the hereinbefore
referred to sketch.
- 2 -
Also with the further perpetual right and easement
from time to time to pass and repass over, across and upon said
land of the Grantor as is reasonable and necessary in order to
renew, replace, repair, remove, add to, maintain, operate,
patrol and otherwise change said "UNDERGROUND SYSTEM" and each
and every part thereof, but not the general location thereof,
and to make such other excavation or excavations as may be
reasonably necessary in the opinion and judgment of the
Grantee, its successors and assigns, and to clear and keep
cleared the portions and areas of the premises wherein the
"UNDERGROUND SYSTEM" is specifically located as shown on the .
sketch herein referred to, of such trees, shrubs, bushes ,
structures, objects and surfaces as may in the opinion and
judgment of the said Grantee, its successors and assigns ,
interfere with the safe and efficient operation and maintenance
of said "UNDERGROUND SYSTEM" and other related electrical
equipment . However, said Grantee, its successors and assigns ,
further covenants and agrees that after any excavation or
excavations made by it as permitted by this easement, it shall
properly backfill said excavation or excavations and restore
the surface of the land to as reasonably good condition as said
surface was in immediately prior to the excavation or
excavations thereof .
If said herein referred to locations as laid out and
3 -
shown on the sketch herein also referred to are unsuitable for
the purposes of the Grantee, its successors and assigns, then
said locations may be changed to areas mutually satisfactory to
both the Grantor and the Grantee herein; and further, said
newly agreed to locations shall be indicated and shown on the
sketch above referred to by proper amendment or amendments
thereto .
It is the intention of the Grantor to grant to the
Grantee, its successors and assigns , all the rights and
easements aforesaid and any and all additional and/or
incidental rights needed to install, erect, maintain and
operate within the Grantor(s ' ) ( ' s) land an "UNDERGROUND SYSTEM"
for the purposes of supplying electric service for the
building, buildings or proposed buildings shown on the last
herein referred to sketch or amended sketch.
It is further agreed that said "UNDERGROUND SYSTEM"
and all necessary appurtenances thereto, shall remain the
property of the Grantee, its successors and assigns, and that
the Grantee, its successors and assigns, shall pay all taxes
assessed thereon.
For Grantor ' s title, see deed from Farr Better Homes,
Inc. dated April 21, 1988, recorded with Essex North District
Registry of Deeds in Book 2718, Page 96 .
- 4 -
IN WITNESS WHEREOF, said COLEMAN P. MCDONOUGH, TRUSTEE
of McDONOUGH REALTY TRUST has hereunto set his hand and seal
this %�` day of 0c�dl� 'r' 1988 .
By Trustee
Coleman P. McDonough
THE COMMONWEALTH OF MASSACHUSETTS
tli IeS e ss . o �` 198 8
Then personally appeared the above-named
COLEMAN P. McDONOUGH, TRUSTEE of McDONOUGH REALTY TRUST and
acknowledged the foregoing instrument to be his free act and
deed.
Before me,
y
Notary Public
My Commission expires :
- 5 -
CONVEYANCE OF EASEMENTS AND UTILITIES
Coleman P. McDonough, Trustee of McDonough Realty Trust under a Declaration of
Trust dated April 21, 1988 and recorded with Essex North District Deeds Book 2718,
Page 76 of 4 Aspen Road, North Reading, Middlesex County, Massachusetts; for the
consideration of one dollar, hereby grants, transfers and delivers unto the town of
North Andover, Massachusetts, 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 wager 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 Hawkins Lane as depicted on a plan entitled
Definitive Subdivision Plan Of Salem Forest III Located In North Andover,
Massachusetts dated November 26. 1986, Revised November 6, 1987, said plan
is made and said plan is incorporated herein for a complete and detailed
description of said roads.
B. The perpetual rights and easement to use for drainage the following parcel of
land situated on Hawkins Lane in said town of North Andover and bounded and
described as follows:
The land in North Andover, Essex County, Massachusetts, being
Lots one (1) through five (5) inclusive, as shown on "Definitive
Subdivision Plan of Salem Forest III Located In North Andover,
Massachusetts, Owner and Applicant George H. and Wanda H.
Farr 263 Raleigh Tavern Lane, North Andover, MA 01845
Thomas E. Neve Associates, Inc. Engineers/Surveyors/Lane Use
Planners, 447 Old Boston Road, U.S. Route #1, Topsfield,
Massachusetts 01983" approved by the North Andover Planning
Board on October 26, 1987 and recorded in the Essex North
District Registry of Deeds as Plan 10973 insofar as areas are
depicted on said plan as drainage easements.
The grantor warrants that the aforesaid easements are free and clear of all liens or
encumbrances, that he (it) has good title to transfer the same, and that he will
defend the same against claims of all persons.
For grantor's title see deed from Farr Better Homes, Inc. dated April 21, 1988, and
recorded in Essex North District Registry of Deeds, Book 2718, Page 96.
And Andover Savings Bank of 61 Main Street, Andover, Massachusetts the present
holder of a mortgage on the above described land, which mortgage is dated May 20,
1988, and recorded in said Deeds, on May 24, 1988 as Instrument 11629 and a
mortgage dated October 19, 1988, and recorded in said Deeds, on October 19, 1988
as Instrument No. , for consideration paid, hereby releases unto the town
forever from the operation of said mortgage, the rights and easements hereinabove
I
i
granted and assents thereto.
And Farr Better Homes, Inc. of 216 Raleigh Tavern Lane, North Andover,
Massachusetts the present holder of a mortgage on the above described land, which
mortgage is dated April 29, 1988, and recorded in said Deeds, Book 2718, Page 100,
for consideration paid, hereby release unto the town forever from the operation f
said mortgage, the rights and ease nts hereinabovve�ggrranted and assents ther o.
�
Auer teed nature of Mor agee Owner
P�E
Authorized Signature of Mortgagee
IN VLITNESS WHEREOF e have hereunto set our hands and seals this
2 day of C v . 19 ;7X
COMMONWEALTH OF MASSACHUSETTS
' ss Z U 1988
Then personally appeared the above named C. P. McDonough, Trustee and
acknowledged the foregoing to be the free act and deed of McDonough Realty
Trust, before me.
Notary Pu is
My Com ss' n Expires:
, y j
COMMONWEALTH OF MASSACHUSETTS
ss ./D�a U 1988
Then personally appeared the above named and
C
acknowledged the foregoing to be the free act and deed of Andover Savings Bank,
before me.
N Lary Public
My Commission Expires:
2
COMMONWEALTH OF MASSACHUSETTS
��Sr"1r s s �.�/� 'Z 0 1988
Then personally appeared the above named George H. Farr, President and Treasure
and acknowledged the foregoing to be the free act and deed of Farr Better Homes,
Inc. before me.
Notary Public
My Comml sion Expires:
NOTE: This conveyance is not effective until ,accepted by Town Meeting or the
Board of Selectman .
AJIM\1.MCDON.E8r,U
3
aw�
rx
FORM J
RELEASE FORM
The undersigned , being a majority of the Planning Board of the Town
of North Andover , Massachusetts , hereby certify that :
f 4
the requirements for the construction of ways and municipal services
called for the the Performance Bond or Surety and dated
MrMar;
October 20 , 19 ss and/or by the Covenant dated
April 21 19 88 and recorded in District
Deeds , Book
P a g e 84 ; x(xxx gi)s rvxkxXlxxxxxxxxxxxxxxxx
X xxx xxxxxxxXXXXXXXXXX xx
XXXXXXXXXX<XRAXAX4ItvAxocnx rX%KtAtii� (KX1��xxl)tc �X XXXXXXXXXXXX XIX X
kr Ak§znxxEkavtxxxxxxxxxxxXXRx xxxx� h a s b e e n c o m p l e t e d/p a r t i a 11 y
completed , to the satisfaction of the Planning Board to adequately
serve the enumerated lots shown on Plan entitled " Definitive Subdivision
gq flan of Salem Forest III S e c t i o n ( S ) , Sheets 1-4
x,,,; —
Plan dated November 26 19 86 recorded by the
Essex North Registry of Deeds , Plan Book Page
or registered in said Land Registry District , Plan Book
Plan and said lots are hereby released from the re-
, ; strictions as to sale and building specified thereon .
Lots designated on said Plan as follows : ( Lot number( s ) and street( s ) )
Lots *16
b . ( To be attested to by a Registered Land Surveyor)
I hereby certify that lot number( s )
on Street ( s )
.,r
r}, do conform to layout as shown on Definitive PI an entitled
Section Sheets �_•
12. a :
Registered Land Surveyor
���� f -
The Town of North Andover , a municipal corporation situated in the
County of Essex , Commonwealth of Massachusetts , acting by its duly
organized Planning Board , holder of a Performance Bond or Surety
dated October 20 , 19 gg and/or a Coven0t_ dated
, —1 Om ,Farr Better Homes, Inc.
of the Ci ty/Town Of North Andover
Essex MMMMUR County , Massachusetts recorded with
the Essex North Di stri ct Deeds , Book 2718 ,
?; P a 9 e _ � x � xl� x xx �:�1� x ;xxltxxa; xa �i
�Axx xxxxxxxxxl4 xRV)ftix xkgrAifAmatxxxocfxgxic%A)"75xxxxxxxxxxxxxxxxx
ti kffgAPtx kxxxxxxxxxx4xW§:�xxxxxxxxxx� a c k n o w l e d g e s, s a t i s a c t i o n
of the terms thereof and ereby releases its right , title and in -
terest in the lots designated on said plan as follows :
In�` c
EXECUTED as a sealed instrument this day of 19 F-e
�Xz
Majority of the Gam- IC71-
P1 anni ng Board
of the Town of
� . North Andover
W'
;+< COMMONWEALTH OF MASSACHUSETTS
�5S E1( , s s . OCt0,� a 19 fo
A. ;,' Then personally appeared / qtlZ /1 E,dS7 e-o.* ! one of the
`
above named members of the anning board of the Town o---North Andover ,
!�?xassachusetts and acknowledged the foregoinn instrument to be the free
_act and deed of said Planning Board , before me ,
�kx,s sir ,
3 r
n
Notary W41 �
C b�4 .z m"' 2
'
My Commi s r .ryx�p'i;► s :
xr' Recorded Nov. 15, 1988 at 11 :36AM #27723
d
( Page 2 of 2 )
<t
r,
r
t
�I
FORM J �.� �'
t ,
RELEASE FORM � f
The undersigned , being a majority of the Planning Board of the Town
of North Andover , Massachusetts , hereby certify that :
a . the requirements for the construction of ways and municipal services
called for the the Performance Bond or Surety and dated
Unizemrer a , 19 ,._. B____ and/or by the Covenant dated
April 21 , 19 88 and recorded in District
Deeds , Book 2718 Page 84
�r
i , has been completed/partially
completed , to the satisfaction of the Planning Board to adequately
serve the enumerated lots shown on Plan entitled "Definitve subdivision
Man of Salem Forest III Section ( s ) , Sheets 1_4
Plan dated November 26 19 86 recorded by the
Essex North Registry of Deeds , Plan Book Page
or registered in said Land Registry District , Plan Book
Pl an and said lots are hereby released from the re-,".,
strictions as to sale and building specified thereon .
Lots designated on said Plan as follows : ( Lot number( s ) and street^(s )
Lots 1 3 4 5.
b . (To be attested to by a Registered Land Surveyor) '° `
I hereby certify that lot numbers ) 1___ ,__3,4 5
o n Hawkins Lane Street(S
do conform to layout as shown on Definitive P1 an entitled " Defini t� i,iy,
consisting of `'
Subdivision Plan Salem Forest III S e c t i o n Sheets meet;s
Reg? steve and Surveyor
T�s�iez+o, ass'.
C . The Town of North Andover , a municipal corporation situated in the
County of Essex , Commonwealth of Massachusetts , acting by its duly
organized Planning Board , holder of a Performance Bond or Surety
dated November 4 3 19 88 and/or a Coven6nt dated
19 f r o m Farr, Better Homes,Inc.
of t _e-City/Town of North Andover
F,,q�ex County , Massachusetts recorded with
the e - Essex North District Deeds , Book 2718
Page 84 1
AkkXXKKKXXXXXX�
acknowledges' s atis action
of the terms thereof hereby re eases its right , title and in -
terest in the lots designated on said plan as follows :
Lots 1 , 3 4 i 5 .
EXECUTED as a sealed instrument this 4 th day Of November 19_8�
A
Majority of the
V ,
Planning Board
of the Town of
North Andover
COMMONWEALTH OF MASSACHUSETTS
s s . V Crn,6� IqJJ
Then personally appeared P&2Z- one of the
above named members of the Planning Board of the Town of -North Andover,
Massachusetts and acknowledged the foregoinn instrument to be Cfhe free
act and deed of said Planning Board , before me ,
iomrq"'p� v�
Notary
'4'ri
M C
y 0
0,
AAJJ 0
R.Pcc)x,ded Nov.3(), 1983 at, 8-. V3AM #28811
( Page 2 of 2 )
RELEASE OF LOTS
(Provision of Surety)
North Andover, August 6 , 1979
The undersigned, being a majority of the Planning Board of
the Town of North Andover, Massachusetts , hereby certify that
sufficient surety, in the opinion of the said Planning Board, has
been provided for the cost of the completion of the ways to
provide access , frontage, and services to certain lots , herein-
after designated, in accordance with the providions of the
Restrictive Covenant, dated January 30 , 1976 , and recorded in
Essex North District Registry of Deeds , Book 1276 , Page 29 , said !
lots being shown on plan entitled "Definitive Plan of Salem
Forest" dated May 1975 , and revised September 1 , 1975 , recorded
with said Registry of Deeds as Plan No. 7401, said lots are
hereby released from the restrictions as to sale and building
specified in said Restrictive Covenant.
Lots designated on said plan released hereunder:
20 , 21, 22 , 37 , 38 and 39
PLANNING BOARD of the town of
North Andover, Massachusetts
By
I
COMMONWEALTH OF MASSACHUSETTS i
d
Essex, ss . August 6 , 1979
i
Then personally appeared
one of the above-named members of the Planning Board of the Town
of North Andover, Massachusetts , and acknowledged the foregoing
instrument to be the free act and deed of. said Planning Board,
before me.
Notary Public
My Commission expires :
i
1
i
i
(Provision of ;i tretty)
Cyi 1979®e e:>i'°t;k�i llric:d�va�i;�,
,rhea unclernignol, heirrg a r:�nrijnrity of' th(. Tla.nni:iinf; jl'o'nr°et of t,hr^�
_ of North .Andover, A issachusnUs, her°eYhy certify t; nt si.irocia'id nur'ety, nri
the, opiriie:>n of the .11)"I ini.ng 13r.ieirt has 1. ccni provIct A fox, tim, ecaa t, of tile: i
e'4ii:rti;DOti..on of t;hn ways t;(„':7 provide access,ss, Wont.iaf,n, ri{.ul ;.ervices
t
g f �.� �.e,i�".b. �,�I,i r`i
I.CFf w hereinafter CtC',"i":'7igY7"11.ed in clC'.C;ordan c(, with the o V.a
tie �,t:,�r-ic!t;ve t.:'ove*nant, dated January 30, 1476,6, and .i.ecoc r,-, led in. Ji'sse>'c 'IXI u-r.-"',f i
i
WtHe:t, Registry of m<:ds, took 1276, TV Ip 29, snid lot ; brill',° ,.:;lacitnii. ein.
plan caaiLital,ed r'De (ini.t.i.w-, 117rirr of ;""al.(nn Fol "St" et<itwt I' a"yi 1975, i n(I -
rc-,wi.:,<.el Se.lif:ern.fir:, i. '. 1975 and „(. .AeiiTe.r 17, 19715„ 1e1e''.cire9r:,€1 wi. ;(r s,ni.lf
Registry of bleeds as Min .['arc>a 7401, sakI iots are Wr°oby r°e°3earisieO fxn) n the �
restrictions ra.; to sale and kmil.eiin r speac°i! (MI in ,ieii.et b,: f.i."i.c`t.ivea Co-vc'.i'2airi..
.f e)ts Cleoi.gPitllcd oti said plan i:''C',1,4)<l,_,e d Ile'�A 'til"del';r'; V
r.'+
l
22, 37, 38 ,iriel 39, inclusive, ,3ai_d f,eil;i•,, ;? 1 <.i,nel wer° M ;
slirat.n eJ ,i.rHI r'iJahOnr" as I ,eAs 21 11 ;UVI 'I'V\ on P'.k.rn No. 8098 i'('C()Pd( eJ hl S,'O :i
:Ref),i,;1xy e t' Ifeae�eJri�
1.. f-,,�1�iN I.I` G t 3( �1�1�?1_t e:a the � .�i iFv I F1,;1
Anc1e yea wa s t<ieiiiyaraa.bt r
3
P
V
D
�.'�)'n ]'Yle7rlulC r�l�lt';h of l��lcls iic ('I1L'Ir're.'.t;t; 'r'
1'he n pe.'i:-"'O'nalJl.y '-'Ip peare d c.`nee o C t:he. inr*rruP r.,t ^a i:.-)t.
they Illau,ning J%nrd of the ,...own of lyo-i,tii Is xOver , 7\/iraei,�� iC�fiii.raG"ft;si, rind
rarknowleetgnd the forogrAng in itrurne nt; "4) l,ca they We, act; and rJearod elk" rtald
i
N
My eriyni'rr oxpira-^;`;: