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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. �,,ai'ovvaa j u C)Fd ICT"S c71:';°: � � of 120 Main Street APPEALS NORTH ANDOVER North Andover, A UIL1/11V\.7 `hqf 61Y..1 o M4� ��"SK�Q.�IA C 4"aR it l,�"k 4.�1Pa r"M q�r�.� y RV p /y}A,,y ,„ ' DIVISION E7!-" (617)685-4,77 ., F1C-Ai.,t 1.1 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-^;`;: