HomeMy WebLinkAbout1999-12-21 Application DEF SUB '} R f. pPr'&��y{E �qy rq'pB
JOYi.E Bl p"" )Sl•l P'"b.W
fomi CLERK
Town of North Andover Planning Boaz d l.i..l IDOVE
5 A 11: 03
•iliY
iSi} S:}Si
i%
'G
1. .,..
Please type or print clearly,
C/o PD Associates, LLC
I, Petitioner: Campbell Forest LLC Real Fgi-atp Consul t.ant.c
Address: 231 Sutton St. , Suite 2F 1600 Candia Rd. , Suite 7
Telephone r:Andover, MA 01845 Manchester, NH 03109
- 00 603 6 4 1-8 2 0 0
2. Owners of the Land: Same as above
Address:
Telephone number:
Number of years of ownership: 2 years
If applicant is not the owner, please state interest in property: N/A
3. Request for a Special Permit under Section 2 . 30 . 1 of the North Andover Zoning
Bylaw to allow lot #1 to share a portion .of the driveway wi th
lot #3 as shown on the plans . The Right of Way is already
approved and recorded as Plan #12784 , prepared by Andover
Consultants , Inc dated December 41 1991 revised March 12 , 1992 .
4. Location of Property: Webster Woods Lane CampbPl 1 Forest Subdivi Si on
Zoning District: R-2
Assessors: Map: 210/106 .B Lot #: 1-5
Registry of Deeds: Book 9:: 4470 Page #::. 95
5. Existing Lot: #1
Lot Area (Sq.Ft.): 43 , 560 min. Building Height: 35 '
Street Frontage: 150 ' min. Side Setbacks: 30 I min.
Front Setback: 3 0 ' min . Rear Setback: 3 0 ' min.
Floor Area Ratio: N/A Lot Coverage: N/A
6. Proposed Lot (if applicable):
Lot Area (Sq.Ft.): Building Height:
Street Frontage: Side Setbacks:
Front Setback: Rear Setback:
Floor Area Ratio: Lot Coverage:
7. Required Lot (as required by Zoning Bylaw):
Lot Area (Sq.Ft.): Building Height:
Street Frontage: Side Setbacks:
Front Setback: Rear Setback:
Floor Area Ratio: Lot Coverage:
g. Existing Building (if applicable):
Ground Floor (Sq. Ft.): 9 of Floors:
Total Sq. Ft.: Height:
Use: Type of Construction:
9. Proposed Building:
Ground Floor (Sq. Ft.): 9 of Floors:
Total Sq. Ft.: Height:
Use: Type of Construction:
10. Has there been a previous application for a Special Permit from the Planning Board on
these premises? No . If so, when and for what type of construction.?
11. Petitioner and Landowner signature(s):
Every application for a Special Permit shall be made on this form which is the official form
of the Planning Board. Every, application shall be filed with the Town Clerk's Office. It
shall be the responsibility of the petitioner to furnish all supporting documentation with
this application. The dated copy of this application received by the Town Clerk or
Planning Office does not absolve the applicant from this responsibility. The petitioner
shall be responsible for all expenses for filing and legal notification. Failure to comply
with application requirements, as cited herein and in the Planning Board Rules and
regulations may result in a dismissal by the Planning Board of this application as
incomplete.
Petitioner's Signature: .�
Print or type name here:
Owner's Signature:
Print or type name here:
LIST OF PARTIES OF INTEREST
SUBJECT PROPERTY
MAP PARCEL I LOT NAME ADDRESS
210 160-B 1-5 Campbell Forest, LLC 231 Sutton St., Suite 2F
North Andover, MA 01845
ABUTTERS
MAP PARCEL LOT NAME ADDRESS
210 106-B 32 Paul F. Tarshi 514 Essex St.
Lawrence, MA 01841
210 106-B 33 Russell G. Gamache 149 Campbell Rd.
North Andover, MA 01845
210 106-B 36 Arthur S. & Lillian M. 121 Campbell Rd.
Fundeklian North Andover, MA 01845
210 106-B 37 Mark& Caroline Buchta 111 Campbell Rd.
North Andover, MA 01845
210 106-B 73 Suzanne Robinson Adams 173 Campbell Rd.
North Andover, MA 01845
210 106-B 76 Brian B. & Eleanor R. Ford 197 Campbell Rd.
North Andover, MA 01845
210 106-B 78 Rodger V. & Lynn D. Warren 133 Campbell Rd.
North Andover, MA 01845
210 106-B 79 Wiliam A. & Pamela J. 161 Campbell Rd.
McCarthy North Andover, MA 01845
210 106-B 216 Commonwealth of Massachusetts 100 Cambridge St.
Department of Environmental Boston, MA 02202
210 106-B 74 Campbell Realty Trust P. O. Box 95
Peter J. Piantidosi, Jr., Tr. North Andover, MA 01845
210 108-A 3 Commonwealth of Massachusetts 100 Cambridge St.
Department of Environmental Boston, MA 02202
RECEIVED
J fP " BRADSHAW
I'OW14 CLERK
Town of North Andover Planning Boa)rc�l W�IDDV R
I : Cl
.......... ...........................>%%'Y'ii/il%!/i%.%ii•%%i%%:ili::i.Jii% .:%ii%.i)iiiiJ i
Please type or print clearly.
c/o PD Associates , LLC
1. Petitioner: Campbell Forest, LLC Pea' Estate Cons ltaft
Address: 231 Sutton St . , Suite 2F 7
Telephon fur rAndover, MA 01845 Manchester, NH 03109
978 687-5300 603 641-8200
2. Owners of the Land: Same as above
Address:
Telephone number:
Number of years of ownership: 2 years
If applicant is not the owner, please state interest in property: N/A
3. Request for a Special Permit under Section 7 . 2 . 1 of the North Andover Zoning
Bylawto move the driveway for lot #5 from access across lot 6
to access across lnt- #4 ( See attached plans & comparison
sheets 1&2 Tni JE rurrent cr has -an anz mired driirewaci location
across lot #6 to Webster Woods TanP Proposed access arrnss
lot #4 would reduce impart- to adjacent wetland
4. Location of Property: Webster Woods Lane-Campbell Fnrest Subdivision
Zoning District: R-2
Assessors: Map: 210/106 . B Lot #: 1-5
Registry of Deeds: Book #:: 4470 Page #::. 95
5. Existing Lot: , s #1—#5
Lot Area (Sq.Ft.): 43 , 560 min. Building Height: 351
Street Frontage: 150 ' min. Side Setbacks: 30 , min.
Front Setback: 30 , min. Rear Setback: 30 , min.
Floor Area Ratio: N/A Lot Coverage: N/A
6. Proposed Lot (if applicable):
Lot Area (Sq.Ft.): Building Height:
Street Frontage: Side Setbacks:
Front Setback: Rear Setback:
Floor Area Ratio: Lot Coverage:
7. Required Lot (as required by Zoning Bylaw):
Lot Area (Sq.Ft.): Building Height:
Street Frontage: Side Setbacks:
Front Setback: Rear Setback:
Floor Area Ratio: Lot Coverage:
S. Existing Building (if applicable):
Ground Floor (Sq. Ft.): 9 of Floors:
Total Sq. Ft.: Height:
Use: Type of Construction:
9. Proposed Building:
Ground Floor (Sq. Ft.): # of Floors:
Total Sq. Ft.: Height:
Use: Type of Construction:
10. Has there been a previous application for a Special Permit from the Planning Board on
these premises? No . If so, when and for what type of construction ?
11. Petitioner and Landowner signature(s):
Every application for a Special Permit shall be made on this form which is the official form
of the Planning Board. Every application shall be filed with the Town Clerk's Office. It
shall be the responsibility of the petitioner to furnish all supporting documentation with
this application. The dated copy of this application received by the Town Clerk or
Planning Office does not absolve the applicant from this responsibility. The petitioner
shall be responsible for all expenses for filing and legal notification. Failure to comply
with application requirements, as cited herein and in the Planning Board Rules and
regulations may result in a dismissal by the Planning Board of this application as
incomplete.
Petitioner's Signature:
Print or type name here:
Owner's Signature:
Print or type name here: gwe A. ad x,
LIST OF PARTIES OF INTEREST
SUBJEC-T PROPERTY
,MAP PARCEL ILOT (NAME ' AOORESS
210 10 - Ca 31 Sutton St Suite 2F'
I2
North. Andover, MA 01845
ABUTTERS ?
MAP PARCEL ;LOT (NAME ACORESS
.�32
1 514 E
Lawrence
210 110 - �I Russ 149
North Andover MA 01845
210 1 - I r I I
(Fundekli.an (North And
210 1106 B I �7 � Mark Buchta
1111
I I North Andover MA 01845
I �u A 1173
210 -
I i I (North Andover
Brian E1 119 '
1210 I - ord North
' 1133 Camphell Rd
2 ( _ i 78o _ IN
I_ warren orth Andnvar MA Q1a45
I210 � 79 �111iam A & PamP1 T I161 C_mm�1
lkcCarthy (North An
0 o M 100 C-lambri dqQ-tt
210 110h-R 02
I apartment of
I I
1
I
I i
I
i
I I i
i
I ' i
Town of North Andover Planning Board
Eppl�catxo>r> leek first; o k'Xautxng hoardpee>« Permits
. .. . ... .
1. Three (3) copies of the application.
2. Eight 4� copies of the plan. Plan at a scale of 1" = 40' and prepared by a certified
architect, landscape architect or engineer registered in the Commonwealth of
Massachusetts. See appropriate section of the North Andover Zoning Bylaw for more
detailed information.
3. Filing Fee (5100) and Plan Review Fee ($2,000).
4. List of Parties of Interest (abutters) certified by the Assessor's Office. See attached form.
5. Written documentation - legibly written or typed memorandum setting forth in detail all
facts relied upon for submittal of the application.
6. The Planning Office will send the legal notice to the newspaper. The newspaper will bill the
applicant directly for the cost. The Planning Office will also notify the abutters and will bill the
applicant for the cost.
7. See specific section of the North Andover Zoning Bylaw as listed below for more detailed
information.
List of Special Permits issued by the Planning Board:
Access other than over the Street Frontage (7.2)
Common Driveways (2.30.1)
Congregate Housing for Elders (4.122 (21))
Continuing Care Retirement Center (13)
Frontage Exception Lots (7.2.2)
Independent Elderly Housing (14)
Large Estate Condominium'Conversions (12)
Planned Development District (11)
Planned Residential Development (8.5)
R-6 Density (4.125)
ZO ' d Zt,96 289 80S - nap -MOD ianopud g4-AON VIE = OI 66-£Z-6nd
f pp^p✓ pg R g�py dW Fp qy
yp p y�ypq R�pk^��.Yaryp✓^rygV����rymX&qG,q�Lry�.p.O 8 y W
TOWN CI.ERK
Town of North Andover Planning Boar c DOVE
- A 11: 40
..:.:...........:au::,.,,,,,.... .. ...,.
Please type or print clearly.
c/o PD Associates, LLC
1. Petitioner: Campbell Forest, LLC Real—Estate—Ga su tant--.
Address: 231 Sutton St. , Suite 2F 7
Telephon RM ' rAn over, MA 01845 Manchester, NH 03109
978 687-5300 603 641-8200
2. Owners of the Land: Same as above
Address:
Telephone number:
Number of years of ownership: 2 years
If applicant is not the owner, please state interest in property: N/A
3. Request for a Special Permit under Section 7 . 2 . 1 of the North Andover Zoning
Bylaw to move the driveway for lot #5 from access a rosy lot #6
to access across int. 44,,_ ( See attached pians & comparison
Sheets 1&2 ,) Toi- t") rnrrranf- ly has an ap roved dr_iyowa location
across lot #6 tc) Webster Woods Tang Proposed access arrnss
lot #4 would reduce impart- to adja ent wetland
4. Location of Property: Webster Woods Lane-Campbell FnrPsf Subdivision
Zoning District: R-2
Assessors: Map: 210/106 . B Lot 9: 1-5
Registry of Deeds: Book #:: 4470 Page 9::. 95
5. Existing Lot: , s #1—#5
Lot Area (Sq.Ft.): 43 , 560 min. Building Height: 3 5 '
Street Frontage: 150 , min. Side Setbacks: 30 , min,_
Front Setback: 30 , min. Rear Setback: 30 , min,
Floor Area Ratio: N/A Lot Coverage: N/A
6, Proposed Lot (if applicable):
Lot Area (Sq.Ft.): Building Height:
Street Frontage: Side Setbacks:
Front Setback: Rear Setback:
Floor Area Ratio: Lot Coverage:
7. Required Lot (as required by Zoning Bylaw):
Lot Area (Sq.Ft.): Building Height:
Street Frontage: Side Setbacks-
Front Setback: Rear Setback:
Floor area Ratio: Lot Coverage:
8. Existing Building (if applicable):
Ground Floor (Sq. Ft.): 9 of Floors:
Total Sq. Ft.: Height:
Use-. Type of Construction:
9. Proposed Building:
Ground Floor (Sq. Ft.): 9 of Floors:
Total Sq. Ft.: Height:
Use: Type of Construction:
10. Has there been a previous application for a Special Permit from the Planning Board on
these premises? No . If so, when and for what type of construction ?
11. Petitioner and Landowner signature(s):
Every application for a Special Permit shall be made on this form which is the official form
of the Planning Board. Every application shall be filed with the Town Clerk's Office. It
shall be the responsibility of the petitioner to furnish all supporting documentation with
this application. The dated copy of this application received by the Town Clerk or
Planning Office does not absolve the applicant from this responsibility. The petitioner
shall be responsible for all expenses for filing and legal notification. Failure to comply
with application requirements, as cited herein and in the Planning Board Rules and
regulations may result in a dismissal by the Planning Board of this application as
incomplete.
Petitioner's Signature:
Print or type name here:
Owner's Signature:
Print or type name here: � �
_I
ST OF PARTIES OF INTEREST
SUBJECT PROPERTY r ---------TAO o R ESS
�IAP PAACE�_ II.OT IN:,Mc 12 I
North• Andover, MA 01845
ABUTTERS�ELL.
SOT (NAME ACORESS
, AP PA9I514 E
,1 32 Lawrence
I I 149
i
210 100 - I Russ North over And MA 01845 I
I
I �
210 r 01845
INorth AnMA
IFundeklia I111
210 110� B 137 Mark & B North Andover MA
I
�u A I173
21_ 0 _I - I INorth Andover, MA 01845
I '
El
' il9
i210 I - i Arian INort
Ord i
Rd
2 I - o
I78 ynn IN33 C
I I Marren (1
1 210 1 1 06-R I'--Q� i 1 Worth An
cCarth
° M 1
210 I 1 �_�R. ° A 2
apartment of_n— Yanme +I °Gt�n
1 � '
I I
I � I
i
I I
I
1 I
j I I I
FORM D
DESIGNER'S CERTIFICATE
September 14 1999
TO THE PLANNING BOARD OF THE TOWN OF NORTH ANDOVER:
In preparing the plan entitled Campbell Forest Cul-de-sac layout
I hereby certify that the above named plan and accompanying data is true and correct to the
accuracy required by the current Rules and Regulation: Governing the Subdivision of Land in
North Andover, Massachusetts,and my source of information about the location of boundaries
shown on said plan were one or more of the following:
I Deed from MPG Realty Coru, to Campbell Forest—LLC
----- -------
dated and recorded in the
Registry in Book 4470 Page 95
2. Other plans, as follows Subdivision Plan#12784
3. Oral information furnished by_ Erik He land P. E.
Engineering Alliancelnc.
4. Actual measurement on the ground from a starting point established by
Merrimack Engineering Service
5. Other Sources- Wetlands by WPI&West Environmental
Signed -
(Seal of Engineer or (Registered Professional Engineer or
Surveyor) Registered Land Surveyor)
Sq
Address
FIST OF PARTIES OF INTEREST
SUB��P
T PROPERTY AOOREsS
��1AP �RCi_ (L���C
2 210 Nor•th. Andover, ��MAO=845�
ABUTTERS:,., INAMiE ACORESS
IAP PARCELlIOT 1514 E
32 Lawrence01841
1 149 Ca
210 I10 - �I Russ North Andover MA 01845
I
I 1
210 1 - I r (North An
l'undeklia
Mark & inpBuc I111 ca
45
210 I106 B 137 ' I North Andover MA
�u A 1173 .
! 210 - (North Andover mA n 186 1 '
4 1 El
- l Arian (Nor
i210 1 I
ord 1133 C
2 i _ I78 hodg IN
1 Marren I1 41
Rd-
21r 0 i 1-05=B- i--Q cAndnv
Carth {North 1
— - ommnnwp o fM 0
210 I 1 06-B--
I epartment of Enmi
i I 1
/ i I
i I
i I I I
I i
I I
I I .
I 1 ;
i i I I I
Notice to APPLICANUTOWN CLERK and Certification of Action of Planning Board on Definitive Subdivision
Plan entitled: Campbell Forest Cul-de-sac layout
By: EngineeringL Alliance,Inc, dated July , 1999
The North Andover Planning Board has voted to APPROVE said plan,subject to the following conditions:
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. as shown on said Plan
without the prior consent of said Board of Health.
4. Other conditions:
In the event that no appeal shall have been taken from said approval within twenty days from this date,the North
Andover Planning Board will forthwith thereafter endorse its formal approval upon said plan.
The North Andover Planning Board has DISAPPROVED said plan,for the following reasons:
NORTH ANDOVER PLANNING BOARD
Date: By:
HUM! 1)
qA BRA6SHAW
'n t JOYCE
TOM4 C1 ERK
X'N\ 1 ) V FORM C NORTH ANDOVER
A 11
APPLICATION FOR APPROVAL OF DEFINITIVE PLAN I'M OCT :
0c.toba-r. 8 999
To the Planning Board of the Town of North Andover:
The undersigned,being the applicant as defined under Chapter 41, Section 81-L,for the approval of a
proposed subdivision shown on a plan entitled
Campbell Forest Cul-de-sac layout
by Engineering Alliance, Inc. dated July 7, 1999
being land bounded as follows: To the North by Gainache&Buclita,to the East by Campbell Forest,LLC, to the South
by Campbell Forest,LLC,and to the West by Adams,Ford,Tarshi and the Coiiuiionwealdi of Mass, Harold Parker State
Forest.
hereby submits said plan as a DEFINITIVE plan in accordance with the Rules and Regulations of the North,Andover
Planning Board and makes application to the Board for approval of said plan.
Title Reference: North Essex Deeds,Book 4770 ,Page 95 ;or
Certificate of Tide No._,Registration Book Page_;or
Other: Subdivision Plan# 12784
Said plan has(X)has not( )evolved from a preliminary plan submitted to the Board of July 7
1999 and approved(with modifications)()disapproved(X)on August 17, , 1999
The undersigned hereby applies for the approval of said DEFINITIVE plan by the Board,and in furtherance
thereof hereby,
Agrees to abide by the Board's Rules and Regulations. The undersigned hereby further covenants and agrees with the
Town of North Andover,upon approval of said DEFINITIVE plan by the Board:
1. To install utilities in accordance with the rules and regulations of the Planning Board,the Public Works
Department,the Highway Surveyor,the Board of Health,and all general as well as zoning by-laws of said
Town, as are applicable to the installation of utilities within the limits of ways and streets;
2. To complete and construct the streets or ways and other improvements shown thereon in accordance with
Sections IV and V of the Rules and Regulations of the Planning Board and the approved DEFINITIVE plan,
profiles and cross sections of the same. Said plan,profiles, cross sections and construction specifications are
specifically,by reference,incorporated herein and made a part of this application. This application and the
covenants and agreements herein shall be binding upon all heirs,executors,administrators,successors,grantees
of the whole or part of said land,and assigns of the undersigned;and
3. To complete the aforesaid installations and constructions within two 2)years from the date hereof.
Received by Town Clerk: 1!4!p
Signature of Applicant
Date:
1600 Candia Rd., Suite 7
Time:
Manchester,NH 03109 (603)641-8200
Signature: Address
FORM I
COVENANT
October 8 11999
North Andover Massachusetts
KNOW ALL MEN by these presents that the undersigned has submitted an application dated October 8,
1999 ,to the North Andover Planning Board for approval of a definitive plan of a subdivision
of land entitled:Campbell Forest Cul-de-sac layout,plan by:Engineering Alliance,hic.,dated:July 7, 1999
and owned by:Campbell Forest,LLC,address:231 Sutton St.,Suite 2F North Anndover,MA 01845,land
located:Webster Woods Lane-Campbell Forest Subdivision and showing 6 proposed lots. The undersigned
has requested the Planning Board to approve such plan without requiring a performance bond.
IN CONSIDERATION of said Planning Board of North Andover in the county of North Essex approving said plan
without requiring a performance bond,the undersigned hereby covenants and agrees with the inhabitants of the
as follows:
1. That the undersigned is the owner*in fee simple absolute of all the land included in the subdivision
and that there are no mortgages of record or otherwise on any of the land,except for those described
below,and that the present holders of said mortgages have assented to this contract prior to its
execution by the undersigned.
*If there is more than one owner,all must sign. "Applicant"may be an owner or his agent or
representative,or his assigns,but the owner of record must sign the covenant.
2. That the undersigned will not sell or convey any lot in the subdivision or erect or place any]
pernannent building on any lot until the construction of ways and'installation of municipal
services necessary to adequately serve such lot has been completed in accordance with the covenants,
conditions,agreements,teens and provisions as specified in the following:
a. The Application for Approval of Definitive Plan(Form C).
b. The Subdivision Control Law and the Planning Board's Rules and Regulations governing
this subdivision.
C. The certificate of approval and the conditions of approval specified therein,issued by the
Planning Board,dated
d. The definitive plan as approved and as qualified by the certificate of approval.
e. Other docunnennt(s)specifying construction to be completed,namely:
However,a mortgagee who acquires title to the mortgaged premises by foreclosure or otherwise and
any succeeding owner of the mortgaged premises or part thereof may sell or convey any lot,subject
only to that portion of this covenant which provides that no lot be sold or conveyed or shall be built
upon until ways and services have been provided to serve such lot.
3. That this covenant shall be binding upon the executors,adininistrators,devisees,heirs,successors and
assigns of the undersigned and shall constitute a covenant running with the land included it the
subdivision and shall operate as restrictions upon the land.
4. That particular lots within the subdivision shall be released from the foregoing conditions,upon the
recording of a certificate of performance executed by a majority of the Planning Board and enumerating
the specific lots to be released;and
5. That nothing herein shall be deemed to prohibit a conveyance by a single deed subject to this covenant,
of either the entire parcel of land shown on the subdivision plan or of all lots not previously released by
the Planning Board.
Massachusetts Federation of Plamring mid Appeals Boards 1972
(Revised 1980,1983,1988)
20.17
6. That the undersigned agrees to record this covenant with the North Essex County
Registry of Deeds,forthwith,or to pay the necessary recording fee to the said Planning Board in the
event the Planning Board shall record this agreement forthwith. Reference to this covenant shall be entered
upon the definitive subdivision plan as approved.
7. A deed of any part of the subdivision in violation of the covenant shall be voidable by the grantee prior to the
release of the covenant;but not later than three(3)years from the date of such deed,as provided in Section
81-U,Chapter 41,M.G.L.
8. That this covenant shall be executed before endorsement of approval of the definitive plats by the Planning
Board and shall take effect upon the endorsement of approval.
9. Upon final completion of the construction of ways and installation of municipal services as specified herein,
on or before
the Planning Board shall release this covenant by an appropriate instrument,duly acknowledged. Failure to
complete construction and installation within the time specified herein or such later date as may be specified
by vote of the Planting Board with a written concurrence of the applicant,shall result in automatic rescission of
the approval of the plan. Upon performance of this covenant with respect to any lot,the Planning Board may
release such lot from this covenant by au appropriate instrument duly recorded.
10. Nothing herein shall prohibit the applicant from varying the method of securing the construction of ways and
installation of municipal services from time to time or from securing by one,or in part by one and in part by
another of the methods described in M.G.L.,Chapter 41,Section 81-U,as long as such security is sufficient
in the opinion of the Planning Board to secure performance of the construction and installation;and
Massachusetts Federation of Planning and Appeals Boards 1972
(Revised 1980,1983,1988)
20.19
For title to the property,see deed from MPG Realty Corp,dated June 6, 1997 recorded in North Essex_
Registry of Deeds,Book 4770,Page 95,or registered nn Land Registry as Document No.
and noted on certificate of title no. ,in Registration Book ,Page
The present holder of a mortgage upon the property is of
. The mortgage is dated and recorded hi
Registry of Deeds,Book ,Page ,or registered in Land
Registry as Document No. and noted on certificate of title no. in Registration
Book ,Page The mortgagee agrees to hold the mortgage subject to the covenants set forth above
and agrees that the covenants shall have the same status,force and effect as though executed and recorded before the taking of
the mortgage and further agrees that the mortgage shall be subordinate to the above covenant.
,spouse of the undersigned applicant hereby agrees that such interest as
I,we,may have in the premises shall be subject to the provisions of this covenant and insofar as is necessary releases all rights
of tenancy by the dower or homestead acid other interests therein.
IN WITNESS WHEREOF we have hereunto set our hands and seals this of
19
Owner
Spouse of Owner
Mortgage Acceptance by a Majority of the Planning Board of
One acknowledgement must be completed for each of the following:
Planning Board representative
Owner or owners
Spouse of the owner
Mortgagee
COMMONWEALTH OF MASSACHUSETTS
,ss 19
Then personally appeared before me the above named and acknowledged the foregoing
Instrument to be free act and deed.
Signature of Notary Public
My conunnission expires
Massachusetts Federation of Planning and Appeals Boards 1972
(Revised 1980, 1983,1988)
20.19
COMMONWEALTH OF MASSACHUSETTS
ss 19
Then personally appeared before me the above named and acknowledged
The foregoing instrument to be free act and deed.
Signature of Notary Public
My commission expires
COMMONWEALTH OF MASSACHUSETTS
ss , 19
Then personally appeared before me the above named and acknowledged
The foregoing instrument to be free act and deed.
Signature of Notary Public
My commission expires
COMMONWEALTH OF MASSACHUSETTS
ss 19
Then personally appeared as the
Applicant or his/its authorized agent and acknowledged the foregoing instrument to be his or her free act and deed
and the free act and deed of the Applicant,before me.
Notary Public
My Commission Expires:
RECEIVED
JOYCE BRADSHAW
I OWN CLERK
FORM C 1110 RTH A NC 0 V ER
APPLICATION FOR APPROVAL OF DEFINITIVE PLAN JIM OC f -8 A 11. 4 1
-0c.tobj-_r- 8 999
To the Plarming Board of the Town of North Andover:
The undersigned,being the applicant as defined under Chapter 41, Section 8 1-L,for the approval of a
proposed subdivision shown on a plan entitled
Campbell Forest Cul-de-sac layout
by Engineering Alliance, Inc. dated July 7, 1999
being land bounded as follows: To the North by Gainaclic&Buclita,to the East by Campbell Forest,LLC, to the South
by Campbell Forest,LLC,and to the West by Adams,Ford,Tarshi and the Commonwealth of Miss. Harold Parker State
Forest,
hereby submits said plan as a DEFINITIVE plan in accordance with the Rules and Regulations of the North Andover
Planning Board and makes application to the Board for approval of said plan.
Title Reference: North Essex Deeds,Book 4770 Page 95 ;or
Certificate of Tide No._,Registration Book Page_;or
Other: Subdivision Plan# 12784
Said plan has(X)has not( )evolved from a preliminary plan submitted to the Board of Jules,
1999 and approved(with modifications) ()disapproved(X)on August 17, . 1999
The undersigned hereby applies for the approval of said DEFINITIVE plan by the Board,and in furtherance
thereof hereby
Agrees to abide by the Board's Rules and Regulations. The undersigned hereby further covenants and agrees with the
Town of North Andover,upon approval of said DEFINITIVE plan by the Board:
1. To install utilities in accordance with the rules and regulations of the Planning Board,the Public Works
Department,the Highway Surveyor,the Board of Health,and all general as well as zoning by-laws of said
Town,as are applicable to the installation of utilities within the limits of ways and streets;
2. To complete and construct the streets or ways and other improvements shown thereon in accordance with
Sections IV and V of the Rules and Regulations of the Planning Board and the approved DEFINITIVE plan,
profiles and cross sections of the same. Said plan,profiles,cross sections and construction specifications are
specifically,by reference,incorporated herein and made a part of this application. This application and the
covenants and agreements herein sliall be binding upon all licirs,executors,administrators,successors,grantees
of the whole or part of said land,and assigns of the undersigned;and
3. To complete the aforesaid instillations and constructions within two 2)years from the date hereof.
Received by Town Clerk:
Signature of Applicant
Date:
1600 Candia Rd., Suite 7
Time:
Manchester,NH 03109 (603)641-8200
Signature: Address
Notice to APPLICANUTOWN CLERK and Certification of Action of Planning Board on Definitive Subdivision
Plan entitled: Campbell Forest Cul-de-sac layout
By: Engineering Alliance,Inc. dated July 1999
The North Andover Planning Board has voted to APPROVE said plan, subject to the following conditions:
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. as shown on said Plan
without the prior consent of said Board of Health.
4. Other conditions:
In the event that no appeal shall have been taken from said approval within twenty days from this date,the North
Andover Planning Board will forthwith thereafter endorse its formal approval upon said plan.
The North Andover Planning Board has DISAPPROVED said plan,for the following reasons:
NORTH ANDOVER PLANNING BOARD
Date: By:
FIST OF
PARSES OF INTEREST
��A ��P
T PROPERTY ------ Aoo�Ess
�RCL II.OTMcI2 Ca North• Andover, ��MAO=845�
ABUTTERS, ::; ADDRESS
'NiAP PARCEL ILOT INAME 1514 E
,I 32 Lawrence
i
149 '
210 I10 - �i (Russ North Andovert MA 01845 j
I �
210 1 - I96r INorth An
rundeklia
kark & B I111
2 p 11ph-B!3-7— North Andover , MA 01845
i �u A Il`73
}
; 210 ! - INorth Andover niR49 '
i
Arian El
- I INort
i210 I ord _
i
1133 C
2 I _ I78 ° IN
I I I Marren _. 1i
or
210 1 06-B �--A---- cCarthy INorth A
f -I _I M 1
° as
o I �M 0 2 2 Q ___I
21 P
I epartment of �
I
I
I I I !
I
I I i
I I i I
I
i
I
I I I
I I
FORM D
DESIGNER'S CERTIFICATE
September 14 1999
TO THE PLANNING BOARD OF THE TOWN OF NORTH ANDOVER:
In preparing the plan entitled—Campbell Forest Cul-de-sac layout
I hereby certify that the above named plan and accompanying data is true and correct to the
accuracy required by the current Rules and Regulation: Governing the Subdivision of Land in
North Andover, Massachusetts,and my source of information about the location of boundaries
shown on said plan were one or more of the following:
I Deed from—MPG Realty Corp, to- Campbell Forest, LLC
dated and recorded in,the
Registry in Book 4470 , Page 95
2. Other plans, as follows— Subdivision Plan#12784
3. Oral information furnished by
Enizineerinm Alliance,lnc.
4. Actual measurement on the ground from a starting point established by
Merrimack Engineering Services
5. Other Sources Wetlands by WPI &West Environmental
Signed
(Seal of Engineer or (Registered Professional Engineer or
Surveyor) Registered Land Surveyor)
(e ('evA 54
Address
FORM I
COVENANT
October 8 11999
North Andover Massachusetts
KNOW ALL MEN by these presents that the undersigned has submitted ail application dated October 8,_
1999 ,to the North Andover Planning Board for approval of a definitive plan of a subdivision
of land entitled:Campbell Forest Cul-de-sac layout,plan by:Engineering Alliance,Inc.,dated:July 7, 1999
and owned by:Campbell Forest,LLC,address:231 Sutton St.,Suite 2F North Andover MA 01845,land
located:Webster Woods Lane-Campbell Forest Subdivision and showing 6 proposed lots. The undersigned
has requested the Planning Board to approve such plan without requiring a performance bond.
IN CONSIDERATION of said Planning Board of North Andover in the county of North Essex approving said plan
without requiring a performance bond,the undersigned hereby covenants and agrees with the inhabitants of die
as follows:
1. That the undersigned is the owner*in fee simple absolute of all the land included in the subdivision
and that there are no mortgages of record or otherwise on any of the land,except for those described
below,and that the present holders of said mortgages have assented to this contract prior to its
execution by the undersigned.
*If there is more than one owner,all must sign. "Applicant"may be ail owner or his agent or
representative,or his assigns,but the owner of record must sign the covenant.
2. That the undersigned will not sell or convey any lot in the subdivision or erect or place any]
permanent building on any lot until the construction of ways and installation of municipal
services necessary to adequately serve such lot has been completed in accordance with the covenants,
conditions,agreements,terns and provisions as specified in the following:
a. The Application for Approval of Definitive Plan(Fora C).
b. The Subdivision Control Law and the Planning Board's Rules and Regulations governing
this subdivision.
C. The certificate of approval and the conditions of approval specified therein,issued by the
Plaiming Board,dated
d. The definitive plan as approved and as qualified by the certificate of approval.
e. Other documnent(s)specifying construction to be completed,namely:
However,a mortgagee who acquires title to the mortgaged premises by foreclosure or otherwise and
any succeeding owner of the mortgaged premses or part thereof may sell or convey any lot,subject
only to that portion of this covenant which provides that no lot be sold or conveyed or shall be built
upon until ways and services have been provided to serve such lot.
3. That this covenant shall be binding upon the executors,administrators,devisees,heirs,successors and
assigns of the undersigned and shall constitute a covenant running with the land included in the
subdivision and shall operate as restrictions upon the laud.
4. That particular lots within the subdivision shall be released from the foregoing conditions,upon the
recording of a certificate of performance executed by a majority of the Planning Board and enumerating
the specific lots to be released;and
5. That nothing herein shall be deenned to prohibit a conveyance by a single deed subject to this covenant,
of either the entire parcel of laud shown on the subdivision plan or of all lots not previously released by
the Planning Board.
Massachusetts Federation of Plaaniag and Appeals Boards 1972
(Revised 1980,1983,1988)
20.17
6. That the undersigned agrees to record this covenant with the North Essex County
Registry of Deeds,forthwith,or to pay the necessary recording fee to the said Planing Board in the
event the Planning Board shall record this agreement forthwith. Reference to this covenant shall be entered
upon the definitive subdivision plan as approved.
7. A deed of any part of the subdivision in violation of the covenant shall be voidable by the grantee prior to the
release of the covenant;but not later than three(3)years from the date of such deed,as provided in Section
81-U,Chapter 41,M.G.L.
8. That this covenant shall be executed before endorsement of approval of the definitive plan by the Planning
Board and shall take effect upon the endorsement of approval.
9. Upon final completion of the construction of ways and installation of municipal services as specified herein,
on or before
the Planning Board shall release this covenant by an appropriate instrument,duly acknowledged. Failure to
complete construction and installation within the time specited herein or such later date as may be specified
by vote of the Planing Board with a written concurrence of the applicant,shall result nu automatic rescission of
the approval of the plan. Upon performance of this covenant with respect to any lot,the Planning Board may
release such lot from this covenant by an appropriate instrument duly recorded.
10. Nothing herein shall prohibit the applicant from varying the method of securing the construction of ways and
installation of numicipal services from time to time or from securing by one,or in part by one and in part by
another of the methods described in M.G.L.,Chapter 41,Section 81-U,as long as such security is sufficient
in the opinion of the Planting Board to secure performance of the construction and installation;and
Massachusetts Federation of Planning and Appeals Boards 1972
(Revised 1980,1983,1988)
20.18
For title to the property,see deed from MPG Real!y Corp.,dated June 6 1997 recorded in North Essex_
Registry of Deeds,Book 4770,Page 95,or registered in Laud Registry as Document No.
and noted on certificate of title no. ,in Registration Book Page
The present holder of a mortgage upon the property is of
. The mortgage is dated and recorded ant
Registry of Deeds,Book ,Page ,or registered in Land
Registry as Document No. and noted on certificate of title no. in Registration
Book ,Page The mortgagee agrees to hold the mortgage subject to the covenants set forth above
and agrees that the covenants shall have the satire status,force and effect as though executed and recorded before the Wknng of
the mortgage and further agrees that the mortgage shall be subordinate to the above covenant.
,spouse of the undersigned applicant hereby agrees that such interest as
1,we,may have in the premises shall be subject to the provisions of this covenant and insofar as is necessary releases all rights
of tenancy by the dower.or homestead and other interests therein.
IN WITNESS WHEREOF we have hereunto set our hands and seals this of
,19
Owner
Spouse of Owner
Mortgage Acceptance by a Majority of the Planning Board of
One acknowledgement must be completed for each of the following:
Planning Board representative
Owner or owners
Spouse of the owner
Mortgagee
COMMONWEALTH OF MASSACHUSETTS
,ss 19
Then personally appeared before me the above named and acknowledged the foregoing
Instrument to be free act and deed.
Signature of Notary Public
My commission expires
Massachusetts Federation of planning and Appeals Boards 1972
(Revised 1980,1983,1988)
20.19
COMMONWEALTH OF MASSACHUSETTS
ss 19
Then personally appeared before me the above named and acknowledged
The foregoing instrument to be free act and deed.
Signature of Notary Public
My commission expires
COMMONWEALTH OF MASSACHUSETTS
ss 19
Then personally appeared before me the above named and acknowledged
The foregoing instrument to be free act and deed.
Signature of Notary Public
My commission expires
COMMONWEALTH OF MASSACHUSETTS
ss 19
Then personally appeared as the
Applicant or lus/its authorized agent and acknowledged the foregoing instrument to be his or her free act and deed
and the free act and deed of the Applicant,before me.
Notary Public
My Commission Expires;
PD Associates, LL C
Real Estate Consultants Telephone #:(603)641-8200
1600 Candia Road, Suite #7, Manchester, NH 03109 Facsimile #:(603)641-8882
August 25, 1999
North Andover Planning Board
27 Charles Street
North Andover, MA 01845
Attn: Heidi Griffin, Planner
Dear Ms. Griffin:
Exception is hereby requested to Section 7.2.1 of the North Andover Zoning Bylaw for
Lots #1 and#5, currently with access not across their respective street frontages. These
lots are not considered nonconforming as to use because both lots were approved prior to
adoption of this section. Lot#1 currently has a 50' foot wide right-of-way across Lot#3
to Webster Woods Lane. Approval of the proposed cul-de-sac would reduce the distance
of the 50' foot right-of-way by over 400 feet. The right-of-way would terminate at the
cul-de-sac location as shown on the proposed plans. The intent of the access would not
change as the lot would still proceed along the right-of-way and the proposed cul-de-sac
and terminate at the same point along Webster Woods Lane.
Lot#5 currently has access along a driveway across Lot#6 terminating at Webster
Woods Lane. The distance is almost 600 feet along two wetland areas. The request for
an exception to 7.2.1 would be to allow the redesign of the driveway to cross Lot#4 to
the proposed cul-de-sac and reduce the impact along the wetland area by approximately
250 feet.
The proposed cul-de-sac and driveway accesses for Lots#1 and #5 would reduce the
impact to wetlands and also shorten the driveway distances along a private way. This
redesign would give greater stability in the traffic circulation by eliminating two shared
or common driveways. Traffic entering the newly designed cul-de-sac would be safer
and create better traffic circulation as the traffic entering and exiting the existing design
would have cars stopping at Webster Woods Lane, potentially side by side at the same
time and would avoid traffic turning into the wrong driveway as they are so close
together.
There are significant or special environmental conditions that existed when Lots #1 and
#5 were previously approved requiring access not from its frontage. The plans clearly
show wetland locations that prevent direct access because of environmental impact. In
order to do so would require significant wetland filling which would be detrimental to the
environment.
Clearly the access will not adversely affect the neighborhood as the lots are currently
approved with driveway accesses across abutting lots. Lot#1 would not change, Lot#5
would reduce its impact by accessing the newly designed cul-de-sac across Lot #4 as
opposed to the existing approved driveway across Lot 46 to Webster Woods Lane.
The new design and access would actually enhance the access of all the lots as well as
reduce the nuisance and hazard to vehicles and/or pedestrians as access to Webster
Woods Lane would be gained by way of one roadway designed to Town standards and
the addition of a walkway not previously provided.
In light of the fact that Lot#1 and Lot#5 currently have access across other lots and its
current design would lessen congestion, reduce environmental impact and enhance the
safety for vehicular and pedestrian traffic, this request would be in harmony with the
general purpose and intent or spirit and intent of this bylaw.
The attached plans will reflect what the existing approved design is and the proposed
design to alleviate the proximate parallel private common driveways and its related
impact.
Respectfully Requested,
i1
Elmer A. Pease, II CPM, EA
Owner's Agent
EAP/sp
Cc: Mike Gerstein
Ken Grandstaff
PD Associates, LL C
Real Estate Consultants Telephone #:(603)641-8200
1600 Candia Roatl,Suite #7, Manchester, NH 03109 Facsimile #:(603)641-8882
August 25, 1999
North Andover Plamling Board
27 Charles Street
North Andover, MA 01845
Attn: Heidi Griffin, Planner
Dear Ms. Griffin:
Exception is hereby requested to Section 7.2.1 of the North Andover Zoning Bylaw for
Lots #1 and#5, currently with access not across their respective street frontages. These
lots are not considered nonconforming as to use because both lots were approved prior to
adoption of this section. Lot #1 currently has a 50' foot wide right-of-way across Lot#3
to Webster Woods Lane. Approval of the proposed cul-de-sac would reduce the distance
of the 50' foot right-of-way by over 400 feet. The right-of-way would terminate at the
cul-de-sac location as shown on the proposed plans. The intent of the access would not
change as the lot would still proceed along the right-of-way and the proposed cul-de-sac
and terminate at the same point along Webster Woods Lane.
Lot #5 currently has access along a driveway across Lot#6 terminating at Webster
Woods Lane. The distance is almost 600 feet along two wetland areas. The request for
an exception to 7.2.1 would be to allow the redesign of the driveway to cross Lot#4 to
the proposed cul-de-sac and reduce the impact along the wetland area by approximately
250 feet.
The proposed cul-de-sac and driveway accesses for Lots #1 and #5 would reduce the
impact to wetlands and also shorten the driveway distances along a private way. This
redesign would give greater stability in the traffic circulation by eliminating two shared
or common driveways. Traffic entering the newly designed cul-de-sac would be safer
and create better traffic circulation as the traffic entering and exiting the existing design
would have cars stopping at Webster Woods Lane, potentially side by side at the same
time and would avoid traffic turning into the wrong driveway as they are so close
together.
There are significant or special environmental conditions that existed when Lots#1 and
#5 were previously approved requiring access not from its frontage. The plans clearly
show wetland locations that prevent direct access because of environmental impact. In
order to do so would require significant wetland filling which would be detrimental to the
environment.
Clearly the access will not adversely affect the neighborhood as the lots are currently
approved with driveway accesses across abutting lots. Lot#1 would not change, Lot #5
would reduce its impact by accessing the newly designed cul-de-sac across Lot #4 as
opposed to the existing approved driveway across Lot #6 to Webster Woods Lane.
The new design and access would actually enhance the access of all the lots as well as
reduce the nuisance and hazard to vehicles and/or pedestrians as access to Webster
Woods Lane would be gained by way of one roadway designed to Town standards and
the addition of a walkway not previously provided.
In light of the fact that Lot#1 and Lot #5 currently have access across other lots and its
current design would lessen congestion, reduce environmental impact and enhance the
safety for vehicular and pedestrian traffic, this request would be in harmony with the
general purpose and intent or spirit and intent of this bylaw.
The attached plans will reflect what the existing approved design is and the proposed
design to alleviate the proximate parallel private common driveways and its related
impact.
Respectfully Requested,
d
Elmer A. Pease, II CPM, EA
Owner's Agent
EAP/sp
Cc: Mike Gerstein
Ken Grandstaff