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2004 Street Acceptance Webster Woods Ln., Avery Park Dr., Stonewedge Circle
Town or North Andover 04 O0 or s�ti Office of the Planning Department Community Development and Services Division 27 Charles Street p4o ` North Andover,Massachusetts 01845 ��S8 CHUSE� hLtp://www.to wiiohiorthandover.com Julie rarrino Town Planner P (9781 698-9535 F (978) 688-9542 January 23, 2004 Mr. Alan Russell Mesiti Development Corporation 100 Andover.Bypass, Suite 300 North Andover, MA 01845 RE: Street Acceptance for Stonewedge Circle Dear Mr. Russell: I am writing this letter to provide you with the Town of North Andover's Street Acceptance Guidelines. It appears from recent site visits that you are considering having your subdivision roadway(s) accepted by the Town. As such, I am enclosing the Town of North Andover's Street Acceptance guidelines in order to provide you with ample time to prepare and complete the documentation required for street acceptance. The deadline for submission is March 191h. The Town Meeting is scheduled for May 10`h. I hope this information is helpful to you. If you have any questions concerning this process, or need to schedule a meeting with the Planning Department,please call me at (978) 688-9535. Sincerely, G �t 4' Julie Parrjno jTown Planner cc: North Andover Planning Board Mark Rees, Town Manager Joyce Bradshaw, Town Clerk Tom Urbelis, Town Counsel BOARD OF iPPE\LS 688-9541 RUILDIN0 88-9545 CONSEItt'.-TION GSS-9530 HE ILTH GSS-9�;40 FI ANNT1C,C,H-9 :S XVINE MILLIMET ATTORNEYS AT LAW February 6,2004 BRIAN G.VAUGHAN B V AUG HAN@DEV INEMILLIM ET.COM VIA FEDERAL EXPRESS Thomas J. Urbelis,Esquire Urbelis &Fieldsteel, LLP 155 Federal Street Boston,MA 02110 Re: Street Acceptance for Webster Woods Lane,Avery Park Drive, and Stonewedge Circle,North Andover, MA Dear Tom: Enclosed in connection with the layout of the above-referenced streets please find preliminary drafts of the following documents: 1. Proposed form of Quitclaim Deed for the Roadways; 2. Proposed form of Quitclaim Deed for"Right of Way A"; 3. Proposed form of Confirmatory Deed with respect to Parcel A; 4. Proposed form of Confirmatory Deed with respect to Parcel B; 5. Proposed form of Confirmatory Easement; 6. Proposed Notice to Abutters; 7. Proposed form of Certification regarding title matters; and 8. Proposed form of Certification regarding Notice and Abutter List(a preliminary abutter list has been prepared and is in the process of review and certification). The above documents are in preliminary draft format. We anticipate that revised layout plans are to be submitted next week and will confirm legal descriptions to the new plans as soon as available. {A1256\44166W0062790.1} DEVINE, MILLIMET 300 BRICKSTONE SQUARE T 978.475,9100 MANCHESTER, NH & BRANCH PO BOX 39 "F 978.470.0618 ANDOVER, MA PROFESSIONAL ANDOVER DEVINEMILLIMET.COM CONCORD, NH ASSOCIATION MASSACHUSETTS 01810 NORTH HAMPTON, NH Thomas J. Urbelis, Esquire February 6, 2004 Page 2 If you have any question concerning this matter,please do not hesitate to contact me. Very truly yours, 1 Brian G. Vaughan BGV/ksl Enclosure cc: Jack Sullivan, Director of Engineer Julie Parrino, Town Planner Robert W. Lavoie, Esquire Michael D. Rosen, Esquire Alan Russell {A1256\44166\A0062790.1) Town of North Andover tt6®� TII Office of the Planning Department to� Community Development and Services Division WW ON y 27 Charles Street '" $ �'4ATf0 F4P 5 North Andover, Massachusetts 01845 SSA ,t Julie Parrina hLW://www.Lownofiiortltarldover.coni Town P$rArner P (0781 69R 9535 P (978) 688-9 s42 January 23, 2004 Mr. John Grasso Andover D & G., LLC 865 Turnpike Street North Andover, MA 01845 RE: Street Acceptance for Country Club Estates Dear Mr. Grasso: I am writing this letter to provide you with the Town of North Andover's Street Acceptance Guidelines. It appears from recent site visits that you are considering having your subdivision roadway(s) accepted by the Town. As such, I am enclosing.the Town of North Andover's Street Acceptance guidelines in order to provide you with ample time to prepare and complete the documentation required for street acceptance. The deadline for submission is March 19"'. The Town Meeting is scheduled for May 10`". I hope this information is helpful to you. If you have any questions concerning this process, or need to schedule a meeting with the Planning Department, please can me at (978) 688-9535. Sincerely, r Julie Parriw Town Planner cc: North Andover Planning Board Mark Rees, Town Manager Joyce Bradshaw, Town Clerk Tom Urbelis, Town Counsel BOARD OF APPEALS 688-9541 BUILDING 688 9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of Forth Andover 04 %AORTH RgtEU +6 6�OL Office of the Planning Department Community Development and Services Division 27 Charles Street °garsa ea`,�y North Andover, Massachusetts 01845 acaustic I-tLt,p://www.Lowiioftiorthaiidover.com Iulie F'arrino T owrn Ds.iait3iaCa P 1978) 688-9 t 3.3 F (978) 688-9542 January 23, 2004 Mr. Stephen Smolak Smolak Builders 762 Dale Street North Andover, MA 01845 RE: Street Acceptance for Delucia Way Dear Mr. Smolak: I am writing this letter to provide you with the Town of North Andover's Street Acceptance Guidelines. It appears from recent site visits that you are considering having your subdivision roadway(s) accepted by the Town. As such, I am enclosing the Town of North Andover's Street Acceptance guidelines in order to provide you with ample time to prepare and complete the documentation required for street acceptance. The deadline for submission is March 19`h. The Town Meeting is scheduled for May I0`h. I hope this information is helpful to you. If you have any questions concerning this process, or need to schedule a meeting with the Planning Department,please call me at (978) 688-9535. Sincerely*) f Julie Par ind' G V ''own Plar r er cc: North Andover Planning Board Mark Rees, Town Manager Joyce Bradshaw, Town Clerk Tom Urbelis, Town Counsel BOARD CIF APPEALS 689-954I BLILDING 688-9545 CONSERV,MO`;688-9530 HEALTH 688-9540 PLANINTING MM9535 RECEIVED FORM K Jlk 1 7 2003 SUBDIVISION COMPLETION CERTIFICATE NOF I-H ANDOVER North Andover,MA JULY 17 ,20 03 PLANNING DEPARTMENT Name of Subdivision CA14PBELL FOREST Owner CAMPBELL FOREST LLC Date of Application DECEMBER 9, 1991 Date of Approval or other action by Planning Board MAY 26. 1992 Performance Guarantee $10,000 (CASH) SITE OPEN7IJG BOND AND 5282,000 SURETY Way Completed to Satisfaction of Conservation Commission By Date: Sewer Division By Date: Water Division By Date: Board of Health By Date: Building Department By Date: Planning Department By Date: Planning Board Inspector By Date: Release of Bond or Security Approved by the North Andover Planning Board Date: By Chairman By ,Clerk Approved as to Form: Date: FORM K SUBDIVISION COMPLETION CERTIFICATE North Andover,MA December 22 ,20 03 Name of Subdivision Stonewedge Circle (Off Campbell Forest) Owner Campbell Forest, LLC Date of Application December 9, 1991 Date of Approval or other action by Planning Board May 26, 1992 VE T Performance Guarantee $64,800 Surety Performance Bond N( �a Way Completed to Satisfaction of- Conservation Commission By Date: Sewer Division By Date: Water Division By Date: Board of Health By Date: Building Department By Date: Planning Department By Date: Planning Board Inspector By Date: Release of Bond or Security Approved by the North Andover Planning Board Date: By Chairman By Clerk Approved as to Form: Date: Jam 23 04 11 : 1Ba p. 2 S•E.C. Surveying Engineering 8c Consulting January 23,2004 North Andover Planning Board C/o North Andover Planning Department 27 CharIes Street North Andover,MA 01845 RE: Campbell Forest Dear Sir/Ms: This is to certify that the roadway monumentation associated with Campbell Forest in North Andover have been set as noted on the Cambell Forest Roadway As-built plans for Stonewedge Circle. The above referenced plans prepared by S.E.Cummings& Associates Inc.dated December 1,2003. Sincerely, t4 cFgs o ALBERTT. n TRUDEL w Albert Trudel P.L.S. #36869 9 NO.36869 c STEB��J �NqL LANdy P.O. SOX 1337 21.6 MAIN STREET PLAISTOW,N.H. 08365 TELE: (603)382-5065 FAX(603)382-5216 S.E.C. Surveying Engineering & Consulting July 15, 2003 North Andover Planning Board C/o North Andover Planning Department 27 Charles Street North Andover, MA 01845 RE: Campbell Forest Dear Sir/Ms: This is to certify that the roadway monumentation associated with Campbell Forest in North Andover have been set as noted on the Cambell Forest Roadway As-built plans for Webster Woods Lane and Avery Park Drive. The above referenced plans prepared by S.E.Cummings &Associates Inc. dated July 3, 2003. Sincerely, P4ZH F Mgs�gcyG ALBERT T. TRUDEL N 0 Albert Trudel P.L.S. #36869 � 9 N0.3 8899 9 �. Fs ECIST s��NA! LAND SJ P.O. BOX 1337 216 MAIN STREET PLAISTOW,N.H. 08365 TELE: (603)382-5065 FAX(603)382- 5216 TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS 384 OSGOOD STREET NORTH ANDOVER, MASSACHUSETTS 01845-2909 J. WILLIAM HMURCIAK,DIRECTOR,P.E. John (Jack) Sullivan, P.E. ti KORTH q Telephone (978) 685-0950 ptI.. " + DirectorvfEngineering 3� y ° '� o� Fax(978) 688-9573 *00 o - � R.tTIU fPP .(5 9SsaCHU MEMORANDUM To: Carol McGravey Julie Parrino From: Jack Sullivan Date: February 13, 2004 Subject: Draft Street Layout Plans Carol &Julie; Enclosed are copies of the draft street layout plans for Stonewedge Circle, Webster Woods Lane, and Avery Park Drive for your records. I am in the process of reviewing these plans. Assuming everything looks satisfactory, the final mylar plans will be produced and submitted to DPW for future endorsement by the Board of Selectmen. If you have any questions please feel free to contact me. Jack M le M=A�� o To North Andover Planning Board From: Alison MoKuy, |nbahm Conservation Adminiatna4us��--- CC: Julie Parrino,Town Planner, NACC members, Mark Rees,Town Manager, Heidi Griffin, Director of Community Development&Services,Jack Sullivan, Director of Engineering-DPW Date: ^N04 Re.- Street Acceptances I offer the following comments as they relate to permits/compliance with the Conservation Commission for the upcoming Town Meeting street acceptance warrant articles: ~ Country Club Estates was not a project jurisdictional to the Conservation Commission. Therefore,the NA{)C does not have any issues with this request. * Campbell Forest has received a Certificate of Compliance for the roadways only. The NACC does not have any issues with this request. ^ Foxwooda & Wey|end Circle has not neceivod, nor will ever receive, a Certificate ofCompliance. Bond money was seized in lieu of final compliance. Therefore, the NACC does not have any issues with this request. Although it is my understanding that no-action will be taken on the request below, * Da|ucio Way has received a Certificate of Compliance for the entire project. The NACC does not have any issues with this request APR. 5. 2004 3:44PM URBELIS & FIELDSTEEL N0, 309 P. 3 C0VMQdqT BK 6628 PG 277 Campbell Forest,LLC,&Massacliusetts Limited Liability Connpatiy,having g principal place or business;at 100Audover Bypass,Suite 30,14ottliAndover, Massachusetts,for itself and its successors in title to Lot 17 as shown on a Definitive Subdivision Plan of Land in North Andover,Massachusetts,dakd Dwembtx 4,1991, revised March 12,1 M,owner/applicaut T.D.J.Development Corp..40 Lowell Street, Salent,New Hampshire,03079,ftineor and Surveyor,Andover Consultorils Inc.,I Vast River Place,Methuen.Massachusetts 01$44,which plan is recorded at the Elasox Nord, District Registry of Deeds as Plan 012784 hereby retains a Right of Way and Access Basement over the land captioned Right of Way'IN'as shown on said plan, Said Right of Way"A'shall provide amss to Lot 17 as shown o--A-I——A�L.11—UL 4Un land and shall be binding on and run for the benefit of to Lot 17. Said Right of"Way"W'shall inolude the rot parcel of lend for the benefit of Lot 17 and to uac aaiy for all other purposes for which ways and driveways of North Andover. This IU&of Way"A"shall be sl Andaver`3 lights to construct a roadway on the W** has boon constrvictod on the Right of Way"N'prior t, thereon,the Town has the right to remove.change Alt, n k the construction Of the roadway. In the event the TO pretniscs,Campbell Forg6t,UC and/or its success V-6 right to access Lot 17 using the Tows Right of Way,i 4 �4 �J driveway serving,Lot 17 was in place prior to the con Cantt t bell Forest,U ,f cep and assumes all responsiblaty for them Ay driveway servicing only Lot 17 as herein UVj pkk-up;ewicc provided by the To"of North Ando UUUU 17 will piedc up the trash to be removed at the interw Joanna Drive and that it will be the responsibility of, for pick-up at that intersection. This grant Of right of way is 11011-exclusive and shA be taken subject to riots of the Inhabitants of the Town Of North Andover to pass and repass over lose premises, which rights are'baraby explicitly reserved. Right of Way"A"is a portion of the PVUU^M'conveyed to Grantor by Mod fiom T.D.J.Development Corp-,dated June 5,1997 and recorded at the Essex North DL"Ut Registry of Deeds at Book 4770,Page 95. IN WffNP.SS WHMOF,the said Campbell Forest,LLC lies caused No documm to be execrated as a sealed instrument and in these presents to be signed,acimowled9od and delivered in its name and behalf by A4 t;, tjctj 9ia�&',duly authorized,this _aJrL_day oflanuary 2002, Camp r. t,LLC: JAN25102m9m Y K, G : COMMONW)3ALT74 OF MASSACHUSB:Irls ESSEX ss Xanuaryogcg 2002 The%P*!;oIiAkllY appeared the above named, 2 Member of Campbell Forest,LLC and admAW"rigmill foregoing 89ia=d deed,and that of the Limited Liability Cowpany,before me, rtl r/7 Pylp �Xop*,�c- 'An 47.0/r /V aln,&MAO 'Y APR. 5. 2004 3:44PM URBELIS & FIELDSTEEL N0. 309 P. 2 Carol McGravey From: Brian Vaughan IBVaughan@devinemillimet.coml Sent: Thursday,April 01,2004 11:42 AM To: CHM@ufb.com Cc: arussell@mesitigroup.com Subject: Campbell Forest KM Wiese gw296F,pd1 Carol - I understand Alan spoke with both Julie and Jack. Attached is the Covenant that was recorded concerning Lot 17 and Right of Way A. You'll see that rights are subordinate to the Town so it shouldn't be a problem, but I'll add specific reference to the deed to recite subject to and "with the benefit of" the Covenant. I understand that Lot 16 presently uses a portion of the parcel for access, but the difference is that none of Lot 16 utilities run over the parcel. I've attached lot 16 deed and you'll see that there was no deeded access utility. I've also included notes from the recorded plan which reference the intent for future access and requirement for the covenant that was filed. Call to discuss after you review. Brian G. Vaughan nevine, Millimet & Branch, P.A. 300 Brickst:one Square, ninth Floor P.Q. Box 39 Andover, MA 01810 Phone: 976.475-9100 Direct: 978.289.1239 Fax: 978.470.0616 Email: bvaughan®devinemillimet.com Web: www.devinemillimet.com This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed. This communication may contain material protected by attorney-client privilege. if you are not the intended recipient or the person responsible for delivering the e-mail for the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. If you believe you have received this e-mail in error, please immediately notify Devine, Millimet & Branch by telephone at 978-4?S-9100. 1 APR. 5. 2004 3:43PM URBELIS & FIELDSTEEL N0, 309 P. I URBELIS & FIELUSTEEL, LLP 155 FEDERAL STREET BOSTON, MA 02110 Telephone: (617)338-2200 Telecopier: (617)336-0122 Andover Telephone: (978)4754552 FAX COVER SHEET To: Julie Parrino FAX: q71?— FROM: Carol Hajjar McGravey, Esq. PHONE: (617) 338-2200 RE: Campbell Forest DATE: April 5, 2004 Number of pages including cover sheet: 6 Message: Julie, Attached are the documents sent to me by Atty. Vaughan. Please call to discuss after you have reviewed them. Thanks. Carol THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE 1S PRIVILEGED AND CONFIDENYIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIOUAI.OR ENTITY NAMED ABOVE IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATIDN 15 STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S.POSTAL SERVICE. THANK YOU. APR. 5. 2004 3:44PM URBELIS & FIELDSTEEL N0. 309 P. 4 w o Of ON gig u a log 11 fill 09 jowl It 61.1121S., lag Ay N 91 11 Y! I, gig Ps ft c� CV �.t g y� Y $ a CWHI �8'� Fk �b X �1Vl" Y+ 7 iy k r u� x:sa$ ds $a $e }± �.�b .t 2 d w w 1 d N d 't gg �• pp � � bb Pd r �= � W04' �. �Y ins V , � ge ry 5 41 HiMmi n99 pMIN la 19 Hi .� x � b � a N s y �RfUg � s a� �� e geyt Ogg 1.�K �Q � � .g yg�c PINUP K 9 � �� k t• S � ypt IY yQ Qya ��g52 � .�� ®� r'v S9 � b 6K 8 �CffiQ �g ^�, g & ¢E it $ K N d d d is $ d H �e 4rr'1d 4C 919WOM igk dIS MINIVIN fig g 09 9 A � 6'i MUM m nab $ ffi $� � °311 k gib 3 aid �� lox ab _ � R g � N i4 -11 lo1.1 w � » t e t 91 � a a �. I ya k D fil �r a b � R a� Q Q Mpg , �� g�' a q •, O n gRe ��° E �. R q a b� s` N Lo h & y °i�S M APR. 5, 2004 3:44PM URBELIS & FIELDSTEEL N0. 309 P. 5 MUM"WIVIOND.N. BK 5930 PG 30 W MAIN 9MMT READING,MASSACHOSEM 01887-3096 QUITCLAIM DEED CAMBELL FOREST,LLC,a Massachusetts limited liability company with an address of 231 Sutton Street,Suite 2P,North Andover,Massachusetts,for consideration paid and in full consideration of Five Hundred Seventy Six Thousand One Hundred Eighty and 001100 ($576,180.00)Dollars GRANTS TO Edward L,Wolfe and Mary E,Wolfe,husband and wife,as tenants by the entirety of 261 Webster Woods Lane,North Andover,MA 01845 with QUITCLAIM COVENANTS co That certain parcel of land, with the buildings thereon, situated in North Andover, Essex 0 (North)County, Massachusetts, more particularly described as follows: Lot 16 in the Campbell Forest Subdivision as shown on that Subdivision Plan entitled I "Definitive Subdivision Plan Campbell Forest, North Andover, Mass. Drawn for TDJ Development Corp. by Andover Consultants, Inc. dated December 4, 1991, revised March 12, 1992 and recorded in said Registry on March 6, 1996 as Plan No. 12784 For Grantor's tide see Deeds recorded in the Essex North District Registry of Deeds at Book 4770, Page 95. The conveyance of the Lot sball be subject to the following: 1v`6tl 22'00,x 1.'47 1. Restrictive Covenant dated June 5, 1997 by TDY Development running in favor of the Towu of North Andover,Massachusetts recorded with the Essex North District Registry of Deeds at Book 4770, Page 92. 2. The state of facts shown on the above referenced Subdivision Plan entitled "Definitive Subdivision Plan Campbell Forest, North Andover, Mass. Drawn for TDJ 63 Development Corp. by Andover Consultants, Inc.dated December 4, 1991,revised March R 12, 1992", and recorded in said Registry on March 6, 1996 as Plan No. 12784. i 3. All easements and restrictions shown on the Subdivision Plan recorded as Plan No. 12784, 4. Typical and customary easements to be given to Massachusetts Electric Company, Bell Atlantic,Media One and/or the local electric, gas, telephone and cable $' company for provision of above ground or below ground easements ,for telephone lines, electric lines, cable lines, and gas lines as Campbell Forest, LLC shall in its sole discretion deem to be necessary to service the Subdivision known as Campbell Forest. 5. Reserving to the Grantors, their heirs, successors and assigns, the fee in Webster'Woods Lane and Avery Park Drive(formerly known as Joanne Drive and Donna Drive), but granting to the Grantees their heirs, successor and assigns, the right to pass and APR. 5, 2004 3:44PM URBELIS & FIELDSTEEL N0. 309 P. 6 BK 59'.300 PG 31 repass and to use said Webster Woods Lane and Avery Park Drive as public ways are used in the Town of North Andover, together with all others entitled thereto, 6. Declaration of Ftservations and Restrictions governing Campbell Forest Subdivision in North Andover, Massachusetts,dated July , , 20M at Book 5808, page 265. The conveyance of said premises do not represent all or substantially all of the assets of the Grantor located within the Commonwealth of Massachusetts. Witness our hand and seal this oP day of November,2000 Witness CAMPBEL L FOREST,LLC AnII#yXIcsiti,Manager COMMONWEALTH OF MASSACHUSETTS Ess®x,ss November •____ ,2000 Then personally appeared the above-named Anthony Mesiti,Manager ofCampbell Forest, LLC as aforesaid and acknowledged the foregoing instrument to be his free act and deed and the free act and deed of Campbell Forest,LLC,a Massachusetts limited liability company,before me, ary 1?ublic My commission expix M i Ca Ot EWiZ7'" I Comm►zsio0uUtte e tomber 2. rye_. a e ; > t ' OC�)31? t}YPa2 • �albr.S.�Q c6t: Page I of 2 Parrino, Julie From: Carol McGravey[CHM@ufb.coml Sent: Monday, April 05, 2004 3:47 PM To: 'Julie Parrino' Subject: RE: Parcel A Campbell Forest Jufie, Ibe developer has proOded as proposed deed for Pa ircO A to the Toem, and has also proOded me with a copy of the Covenant, dated January 23, 2002, regarding mahitenance of the driveway, I WM f@X YOU a COPY. I believe that the orig4'W intent offtw Planning It was to have the developer deed the hght of way to the rown, and that is why the arlicle proposhq this is in the warrant in addition to the street acceptance, Pwhaps you shoWd cladfy this with the p anning Bowd.1 Wso think that K the Town acx;epts as dEaed to the dght of way, we awl oiuld also get a release of fiabifity from the abuiters reHeving the town frowr a ry n4ritenance or othen Habifit)( LHIM Such firne as the town decides to consftuct an road. Plew,,,e take a look at the covenant and give rne a can so that I can get back to the develop()r's atty. Thanks, CarO -----Original Message----- From: Julie Parrino [mailto:jparrino@townofnorthandover.com] Sent: Monday, April 05, 2004 3:30 PM To: chm@ufb.com , Cc: Sullivan, lack Subject: Parcel A Campbell Forest Hi Carol, I may need a lifetime to understand the permitting history of Campbell Forest. I am not sure if you found out any more info on that Parcel A, near lot 17. Condition 1 C & D of the 1991 decision reads as follows: c) Right of Way dedication easements for the proposed roadway, shall be prepared at the applicants expense and provided to the Planning Office. These documents shall include the Right of Way A which has been designed to provide future access to the property N/F of Lachapelle, and all drainage structures created through the property. d)Frontage for Lot 17 has been provided on Right of Way "A". In approving this subdivision the Planning Board has waived the construction of a full roadway throughout Right of Way A and will allow the applicant to construct a driveway only. Prior to the Planning Board endorsing the record plans, the applicant shall prepare a maintenance agreement relieving the Town from responsibility for continued maintenance and operations of any driveway servicing lot 17 over Right of Way A. Further this maintenance agreement shall be approved by Town Counsel and recorded by the applicant at the North Essex Registry of Deeds. So the question is, have these documents been provided. I am digging through my files, with no luck yet. If I find anything I will fax it to you. Thanks and keep me posted, our meeting is on Tuesday night. .Julie Parrino, Town Plarrner 1'own of North Aindovw (3mnrnLn*y DevOopment& Servk;es 27' Charles Street 4/5/04 Page 2 of 2 niaH:,�parririo towtioft�aa�t�iaiYua.oveir.coc rp 4/5/04 Notice to APPLICANII/TOWN CLERK and Certification of Act'.:on of Planning Board on Definitive Subdivision Plan entitled: Campbell Forest By: AndnVRr CQn.-,ul1-arnt•c Tn(- dated December 9, , 19 91 . 9E iF 9E 1F iE aE 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"l or otherwise provide security for the con- struction of ways and the installation of municipal services within said sub- ditri.sion, all as provided by G.L. c. 419 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 Boards 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: Ln In the event that no appeal shall have been taken from said approval wit rn twenty days from this date, the North Andover Planning Board will forthwith thereafter endorse its formal approval upon said plan. a to 1 g o �ha �IS �ro NORTH. A)MVER PLA�AM ARD �J Date: May 29, 1992 By: George P�a, Chairman FORM C APPLICATION FOR APPROVAL OF DDEF'IN eTIVE PLAN December 9 19 91 To the Planning Board of the Town of North Andover: The undersigned, being the applicant as defined under Chapter 41, Section 81—L, for approval of a proposed subdivision shown on a plan entitled Campbell Forest by Andover Consultants Inc. dated being land bounded as follows: see attached description 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 1350, Page 6 73 ; or Certificate of Title No. , Registration Book , page ; or Other: Said plan ion( ) has not(x) evolved from a preliminary plan submitted to the Board of _19 and approved (with modifications) ( ) disapproved ( on , 19 . 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 agree— ments 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 construction within two (2) years from the date hereof. r Received by Town Clerk: Date: gna ure o cant Time: Anastasiosg logianis Signature: TDJ Development Corp. Address 40 Lowell Rd. Salem, NH 03079 CAMPBELL FOREST DEFINITIVE SUBDIVISION CONDITIONAL APPROVAL 1. Prior to endorsement of the record plans and recording with the North Essex Registry of Deeds the applicant shall provide the following to the North Andover Planning Department. A. Covenant, (Form I) , securing all lots within the VI subdivision for construction of ways and municipal services. Said lots may be released from the covenant upon posting of a bond as required in condition # 2 (A) B.; Pedestrian access to the State Forest shall be provided. C Right of Way dedication easements for the proposed roadway, shall be prepared at the applicant' s expense and provided to the Planning Office. These documents shall include the Right of Way "A" which has been designed to provide future access to the property N/F of Lachapelle, and all drainage structures created through the property. D. Frontage for lot 17 has been provided on Right of Way "A" . In approving this subdivision the Planning Board has waived the construction of a full roadway throughout Right of Way "A" and will allow the applicant to construct a driveway only. Prior to the Planning 4 Board endorsing the Record Plans the applicant shall prepare a maintenance agreement relieving the Town from responsibility for continued maintenance and operations /`of any driveway servicing lot 17 over Right of Way "A" . Further, this maintenance agreement shall be approved by Town Counsel and recorded by the applicant at the North .Essex Registry of Deeds. �E. All drainage and sewage facilities shall be approved by VVV the North Andover Division of Public Works. •' The drainage easements located on lots 31 & 32 , which v ' surrounds Basin "E" shall be enla rged to Include all / regrading necessary for construction of said basin. All conditions listed herein shall be placed on the coversheet of the Record Plans which will be presented for endorsement by the Planning Board. All documents shall be prepared at the expense of the applicant, and shall have proper metes and bounds as required by the Planning Boards Rules and Regulations Governing the Subdivision of Land. 2 . Prior to any lots being released from the statutory covenants, the following information shall be provided to the Planning Board: A. Bonds shall be posted to ensure construction and/or completion of roadways, site screening and other pertinent public amenities. These bonds shall be in an amount as determined by the Planning Board and shall be in the form of a Tri-Party Agreement, or Pass Book. B. The developer shall submit approved septic system N�X designs to the Planning Board and certify that the (� proposed grading of said lot is in conformance with the Definitive Plan and drainage calculations, and that said lot does not create adverse flooding on an adjacent property. All proper documents and easements required through Condition # 1 shall be in place. 3 . Prior to a Building Permit being issued for an individual lot, the following information shall be required by the Planning Department: A. A stop sign shall be placed at the intersection of the proposed roadway and Campbell Street. Further, temporary signs shall be posted at 350 feet in either direction of that intersection which read, "Caution, Construction Vehicles in Area. " B. Lot numbers shall be placed on all lots prior to the commencement of construction. C. All necessary permits and approvals for the lot in question shall be secured from the North Andover Board of Health, and Conservation Commission. 4 . Prior to a Certificate of Occupancy being issued for an individual lot, the following information shall be required by the Planning Department: A. All necessary permits and approvals for the lot in question shall be secured from the North Andover Board of Health, and Conservation Commission. B. As-built plans of the individual lots showing location and final grades for all structures and septic systems. C. Permanent house numbers will be posted on dwellings. D. An interim as-built, certified by the design engineer, verifying that all utilities have been installed in accordance with the plans and profile shall be submitted prior to the application of the binder coat of pavement. In addition, all required inspection and testing of water, sewer, and drainage facilities shall be completed prior to binder course paving. E. The roadway must be constructed to at least binder coat of pavement to properly access the lot in question. F. All slopes on the lot in question shall be properly stabilized. 5. Prior to the final release of DPW bond money, the following shall completed by the applicant. A. an as-built plan and profile shall be submitted for review and approval. To insure compliance with this condition, a bond in an amount to be determined by the Division of Public Works shall be posted prior to the release of any lots within this subdivision. B. The applicant shall petition Town Meeting for public acceptance of all streets. Prior to submitting a warrant article for such petition the applicant shall review the subdivision and all remaining work with the Town Planner and the Division of Public Works. The Planning Board shall hold a portion of the subdivision bond for continued maintenance and operations until such time as Town Meeting has accepted the roadways. It shall be the developers responsibility to insure that all proper easements have been recorded with the N.E.R.D. . 6. Due to wetlands and the lot configuration of lots 1 & 3 , a Notice of Intent and Common Driveway Special Permit may be required for construction on these lots. This subdivision approval does not imply that these permits would be granted, but rather that the merits of each shall be reviewed at the time of application. 7 . Any changes on the plans required by the North Andover Conservation Commission may be subject to Modification under Chapter 41 by the Planning Board. 8 . There shall be no driveways placed where stone bound monuments and/or catch basins are to be set. It shall be the developers responsibility to assure the proper placement of the driveways regardless of whether individual lots are sold. The Planning Board shall require any driveway to be moved at the owners expense if such driveway is at a catch basin or stone bound position. Certification by a Registered Professional Engineer will be required prior to the issuance of a Certificate of Occupancy. 9 . Throughout the Right of Way, tree cutting shall be kept to a minimum in order to reduce erosion and preserve the natural features of the site. Accordingly, a no cut line shall be located and marked in the field and approved by Staff. In the event there is tree cutting outside the right of way the developer in conjunction with a registered arborist, or other professional as approved by staff, shall submit a tree cutting and reforestation plan consistent with the provisions of Section 5. 8 of the North Andover Zoning Bylaws ( The plan is only for areas of substantial cutting and filling ) to be reviewed by the Planning Staff prior to the applicant receiving a permit to build on any lot within the subdivision. This Plan shall explicitly include specific trees to be retained. Also, the developer shall inform the Town Planner when any tree cutting is to occur in order that the Planner may determine the need to be to be present. 10. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 11. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 12 . No underground fuel storage shall be installed except as otherwise allowed by Town regulations. 13 . The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 14 . The following waivers to the Planning Board's "Rules and Regulations Governing the Subdivision of Land" have been granted through this approval: A. Curve not having the required minimum radius at the intersection of street lines of Joanne Drive and Campbell Road on the Westerly side. B. Reduction in shoulder width from eight (8) feet to five (5) feet in the areas of wetland crossings, as shown on the plans. C. Reduction in pavement width from 26 feet to 22 feet.` A 26 ' width shall be maintained from station 0+00 to station 2+00, and shall taper from 26 ' to 22 ' from station 2+00 to station 3+00. D. Not to construct a roadway to Town Standards in Right of Way "A" , east of Joanne Drive. (See Condition 1-D) E. Sidewalks of four (4) feet in width, in areas of wetland crossings, rather than five (5) feet, shall be constructed as shown on the record plans 4 15. At the discretion of the Technical Review Committee, permanent intersection warning signs may be required. 16. Any location of utility poles shall not interfere with the site distance along Campbell Road. 17. A construction schedule for work within Campbell Road shall be provided to the Town Planner and Division of Public Works for review and approval. 18 . A detail sheet showing roadway cross sections shall be provided as part of the record plans. This plan shall provide for the following: a. 22 ' width of pavement except as otherwise noted in this decision. b. A minimum 3 ' grass strip on either side of the roadway. C. 5 ' sidewalks. d. In areas of wetland crossings the grass strip may be eliminated and a 4 ' sidewalk provided. In all such areas sloped granite curbing shall be installed between the roadway and the sidewalk. e. catch basins shall be installed with the center of the grate set one foot off center of the roadway. 19. The following Plans shall be considered as part of this decision: Plans entitled: Campbell Forest, North Andover, Massachusetts Scale: See Plans Dated: 12/4/91, Revised 3/12/92 Sheets: Cover Sheet sheets 1-22 Prepared By: Andover Consultants 1 East River Place Methuen, MA 01844 Prepared For: TDJ Development Corp. 40 Lowell Road Salem, NH 03079 cc: Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Assessors Conservation Commission Police Chief Fire Chief Applicant Engineer File Town of North Andover RECEIVED 01 "O oTlj 1y OFFICE OF JOYCE BR SHAW y COMIMUNIT� DEVELOPMENT AND SEI ��RK ° . NORTH ANDOVER 27 Charles Street ^4 North Andover, Massachusetts 01845 Jggq DEC 28 P 1: 58 Ate' WILLIAM J.SCOTT _ S-gcuu5ti- Director (978)688-9531 7 Fax(978)688-9542 NOTICE OF DECISION Any-appeal shall be filed within (20) days after the... date of filing this Notice in the Office of the Town Clerk. Date Deg 2R I qq G Date of Hearing -� ��, IC,G Petition of Premises affected SHC3r&, rr ,r�IP Referring to the above petition for a Subdivision from the requirements of the �tth ��tiS� Rujt-S C4r , Ir�fiyY15 r_4al � hr� irona la _Cj. so as to allow Sl X C"t d cL i a 0 o�s4 � 1,`� ►���r �Jocds L ��nD After a public hearing given on the above date, the Planning Board voted to APB ROBE_ the be-s„ni Fi'je hd`i\l`1 S rsyL based upon the following conditions: - Signed Q' � R�a '�r� ' CC: Director of Public Works Alison Lescarbeau• Chairman Building Inspector Natural Resource/ Land Use Planner John Simons. Vice Chairman Health Sanitarian Assessors Alberto Angles. Clerk Police Chief Fire Chief Richard Nardeila Applicant Engineer Richard S.Rowen Towns Outside Consultant File - William Cunningliann s 4 nterested Parties Planning Board BOARD OF APPEALS 688-9541 BUILDING 633-9545 CCNJl:..VX11CN 623-9530 HEALTH 638-9540 PL, f:*LING 633`�5:55 Stonewedge Circle Definitive Subdivision Conditional Approval " The Planning Board herein APPROVES the Definitive Subdivision for a six(6)lot subdivision„ known as Stonewedge Circle. Campbell Forest,LLC, 231 Sutton Street,Suite 217, North Andover,MA 01845 submitted this application on October 15, 1999. The area affected is located off of Webster Woods Lane in the R-2 Zoning District,Map 2101106B Lots 1-5. The Planning Board makes the following findings as required by the Rules and Regulations Governing the Subdivision of Land: A. The Definitive Plan,-dated 9/28/99, includes all of the information indicated in Section 3 of the Rules and Regulations concerning the procedure for the submission of plans. B. - The Definitive Plan adheres to all of the design standards as indicated in Section 7 of the Rules and Regulations. _ C. The Definitive Plan is in conformance with the purpose and intent of the Subdivision Control .Law. D. The Definitive Plan complies with all of the review comments submitted by various town departments in order to comply with state law,town by-laws and insure the public health, safety and welfare of the town. Finally, the Planning Board finds that the Definitive Subdivision complies.with Town Bylaw requirements so long as the following conditions are complied with: 1) Environmental Monitor: The applicant shall designate an independent environmental monitor who shall be chosen in consultant with the Planning Department. The Environmental Monitor must be available upon four(4)hours'notice to inspect the site with the Planning Board designated official. The Environmental Monitor shall make weekly inspections.of the project and file monthly reports to the Planning Board throughout the duration of the project. The monthly reports shall detail area of non- compliance,if any and action's-taken to resolve these''issues. 2) Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following: A A Site Opening Bond in the amount of ten thousand (S 10,000)dollars to be held by the Town of North Andover. The Site Opening Bond shall be in the form of a check made out to the Town of North Andover that will be placed into an interest bearing escrow account. A covenant(FORM n securing all lots within the subdivision for the construction of-ways and municipal services must be submitted to the Planning Board Said lots may be released from the covenant upon posting of security as requested in Condition 5(d)., b) The applicant must submit to the Town Planner a FORM M for all utilities and easements placed on the subdivision c) All application fees must be paid in full and verified by the Town Planner. d) The applicant must meet with the Town Planner in order to ensure that the plans conform to the Board's decision.A full set of final plans reflecting the changes outlined above,must be submitted to the Town Planner for review endorsement by the Planning Board within ninety(90) days of filing the decision with the Town Clerk. e) The Subdivision]decision for this project must appear on the mylars. f) All documents shall be prepared at the expense of the applicant,as required by the Planting Board Rules and Regulations Governing the Subdivision of Land 3) Prior to ANY WORK on site: a) Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on the plan. The Planning Staff must be contacted prior to any cutting and or clearing on site. b):� . All erosion control measures as shown on the plan and outlined in the erosion control plan must be in place and reviewed by the Town Planner 4) THROUGHOUT AND DURING CONSTRUCTION: a) Dust mitigation and roadway cleaning must be performed weekly,or as deemed necessary by the r Town Planner, throughout the construction process. b) Street sweeping must b e performed,at least once per month,throughout the constriction process. c) Hours of operation during construction are lam-5 p.m.,Monday through Friday,and Saturday,8 am.—5p.m 5) Prior to any lots being released from the statutory covenants: a) Three(3)complete copies of the endorsedand recorded subdivision plans and one(1)certified copy of the following documents: recorded subdivision approval,recorded Covenant(FORM 1),.and recorded FORM M must be submitted to the Town Planner as proof of recording. b) All site erosion control`measures required to protect off site properties from the effects of work on the lot proposed to be released must be in place. c) The applicant must submit a lot release FORM J to the Planning Board for signature. d) A Performance Security in an amount to be determined by the Plamung-Board, shalIbe posted to ensure completion of the-work in accordance with the Plans approved as part of this conditional approval. The bond musf be in the form acceptable to the North Andover Planning Board Items covered by the Bond may include,.but shall not be limited to: i) as-built drawings ii) sewers and utilities iii) roadway construction and maintenance iv) lot and site erosion Control v) site screening and street trees vi) drainage facilities vii) site restoration viii)final site cleanup 6) Prior to a FORMT verification for an individual lot,the following information is required by the Planning Department: a) The applicant must submit a certified copy of the recorded FORM J referred to in Condition 5(c) above. b) A plot plan for the lot in question must be submitted,which includes all of the following: i) location of the stricture, ii) location of the driveways, iii) location of the septic systems if applicable, iv) location of all water and sewer lines, v) location of wetlands and any site improvements required under a NACC order of condition, vi) any grading called for on the lot, vii) all required zoning setbacks., viii)Location of any drainage,utility and other easements. c) All appropriate erosion control measures for the lot shall be in place.The Planning Board or Staff shall make final determination.of appropriate measures. d) Lot numbers,visible from the roadways must be posted on all lots. 'n Foundation Plan: Immediately upon completion of the dwelling foundation and prior.to fiuther construction activities associated with the site,the applicant shall have a plan prepared by a Registered' Professional Land Surveyor(RP.L.S.).which accurately depicts the foundation location and its proximity to wetland resource areas as shown on the approved Definitive Subdivision Plan dated 9/28/99. Said plait shall be submitted to the Town Planner for review to verify that the setback limits to wetland resource areas have been met 8) Prior to a Certificate of Occupancy being requested for an individual lot,the following shall be required a) The-roadway must be constructed to at least binder.coat of pavement to properly access the lotiin question. Prior to construction of the binder coat,the applicant shall ensure that all required inspection and testing of water,sewer,and drainage facilities has been completed The applicant must submit to the Town Planner an interim as-built,certified by a professional engineer,verifying that all utilities have been installed in accordance with the plans and profile sheet b) All necessary permits and approvals for the lot in question shall be obtained from the North Andover Board of Health,and Conservation Commission. c) Permanent house numbers must be posted on dwellings and be visible from the road d) Tlrere shall be no driveways placed where stone bound monuments and(or catch basins are to be set. It shall be the developer's responsibility to assure the proper placement of the driveways regardless of whether individual lots are sold The Planning Board requires any driveway to be moved at the owner's expense if such driveway is at a catch basin or stone bound position_ e) The sidewalk to be constructed in front of a lot must be graveled and staked at a minimum. 9) Prior to the fmal release of security retained for the site by the Town,the following shall be completed by the applicant: a) An as-built plan and profile of the site shall be submitted to the DPW and Planning Department for review and approval. b) The applicant shall petition Town Meeting for public acceptance of the street.Prior to submitting a warrant for such petition the applicant shall review the subdivision and all remaining work with the Town Planner and Department of Public Works.The Planning Board shall hold a portion of the _... subdivision bond for continued maintenance and operations until such time as Town Meeting has accepted(or rejected in favor of private ownership)the roadways.It shall be the developer's responsibility to insure that all proper easements have been recorded at the Registry of Deeds. 10) The Applicant shall ensure.that all Planning,Conservation Commission,Board of Health and Division of Public Works requirements are satisfied and that construction was in strict compliance with all approved plans and conditions = 11) The Town Planner will review any signs utilized for this project. The applicant must obtain a sign permit as required by Section 6 of the Bylaw. The Plarming Board shall approve any entrance structures. -The applicant must remove any lighting used for the entrance signs prior to acceptance of the subdivision. ...12) The applicant stiaall adhere to the following requirements of the Fire Department: a) Open burning is allowed by permit only after consultation with the Fire Department. b) Underground fuel storage will be allowed in conformance with the Town Bylaws and State Statute and only with the review and approval of the Fire-Department and Conservation Commission. 13) There shall be no burying or dumping of construction material on site. 14) The location of any stump dumps on site must bepre-approved by the Planning Board 15) The contra=shall contact Dig Safe at least 72 hours prior to commencing any excavation. 16) Gas,Telephone,Cable,and Electric utilities shall be installed as specified by the respective utility companies. 17) Any action by a Town Board,Commission,or Department which requires changes in the roadway alignment,placement of any easements or utilities,drainage facilities,grading or no cut lines,may be subject to modification by the Planning Board 18) The utilities must be installed and the streets or ways constructed to binder coat :: vears from this approval.If the utilities are not installed.the streets or ways are not constructed to binder coat and the Planning Board has not granted an extension by the above referenced date,this definitive subdivision approval will be deemed to have lapsed- 19) This Definitive Subdivision Plan approval is based upon the following information which is incorporated into this decision by reference: a) Plan titled Definitive Residential Subdivision=Stonewedge Circle Prepared for Campbell Forest,LLC 231 Sutton Street,Suite 2F, North Andover,Massachusetts Dated: September 28, 1999 Owner/Applicant:Campbell Forest,LLC 231 Sutton Street,Suite 2F North Andover,MA 01843 Civil Engineer: Engineering Alliance,Inc. 196 Central Street Saugus,MA 01906. Sheets: 1—9 b) Report titled Stormwater Management Plan for Modification to a Residential Subdivision—Campbell Forest North Andover,M_ A Prepared for: Campbell Forest LLC 231 Sutton Street,Suite 2F North Andover,MA Dated 10/8/99 Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Assessor Applicant Engineer File Notice to APPLICANP/TOHN CLERK and Certification of Action of Flanning Board on Definitive Subdivision Plan entitled: Campbell Forest Modification By: McKenzie Engineering Group dated April 2 } 19 98 The North Andover Planning Board has voted to APFRM said plan, subject to the f ollowri ng conditions: I. That the record owners of the subject land forthwith execute and record a "covenart running with the land", or otherwise provide security for the con- struction of swags and the installation of municipal services within said sub- di-rision, all as provided by G.L. c. 41, S. 81�-U. 2. That all such construction and installations sh.311 in all respects conform to the governing rules and regulations of this Board. -as required by the North Andover Board of Health iz ' this Board, nob structure a or placed upon Lots No. as hors-an_ af,d P1 an �r thout the prior said Board of Health. 4• Other conditions: z o See Attached O O L^ -'J C_.c In the event that no appeal shall have been taken from said approval within twenty days from this date, the loth Andover Planning Board will forthwith thereafter endorse its formal approval upon said plan. iIle North Ahd.ovcr ?,Ia Bo\'was_.BISAPPROV0 \8 plan, for the`-following easpns: �� _ NuRTF AlvTW7-E,-R PL—A—M-ILG BOAP-D oat e"-.� V� "' ": l� �' nn. ` Richard S_ Rowen 7-0 d ZbS6 909 9013 Aa{] wo7 ;sAopu Lj":L--'oN a2r tbo 26 - I0---ldV Campbell Forest Definitive Subdivision Modification The Planning Board herein APPROVES this modification to the Campbell Forest Definitive Subdivision approval issued on May 29, 1992 and recorded on October 31, 1997 as Instrument #- 28316 and plan endorsed on February 6, 1996 and recorded as Plan# 12784. This modification is in addition to the.prior approval and does not supersede it. The Planning Board finds that the Definitive Subdivision complies with Town Bylaw requirements so long as the following conditions are complied with: 1) Sewer System Issues: a) The sewer extension on Campbell Road will be subject to the terms and conditions of the Department of Environmental Protection Draft Administrative Consent Order and Notice of Noncompliance, ACO-NE-98-1004 if it connects to the West Side Interceptor. b) The sewer extension will be subject to the policies of the Division of Public Works regarding mitigation of groundwater infiltration and inflow into the receiving system. 2) Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following: a) The on-site and off-site sewer extension must be reviewed and approved by the DPW. b) The revised street names must be reviewed and approved by the E911 Coordinator in the Police Department. c) The FORM M utility easement must be revised as appropriate to reflect the change from septic systems to public sewer. 3) Prior to FORM U verification (building permit issuance) on the site: a) This modification must be recorded at the Registry of Deeds and a certified copy of said document submitted to the Planning Department. b) The revised FORM M as referenced above must be recorded at the Registry of Deeds and a certified copy of said document submitted to the Planning Department. c) The applicant must submit to the North Andover Planning Board sufficient proof as determined by the Board that the Massachusetts Department of Environmental Protection and the Town of North Andover has allowed the connection of the 32 house lots to the sewer system. 1 d) The Campbell Road and Rt. 114 sewer line and all necessary appurtenances must be constructed in accordance with the approved plans, Department of Public Works requirements and the Planning Board consulting engineer review. 4) This Definitive Subdivision Plan approval is based upon the following information which is incorporated into this decision by reference: Plan titled: Campbell Forest Subdivision Sewer in North Andover, Massachusetts Prepared by: McKenzie Engineering Group, Inc. Saugus, MA Dated: April 1998; rev. Mayl3, 1998 Sheets: 1 through 4 cc. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Assessor Applicant Engineer File Campbell Forest - modification 2 Town of North Andover 40RT4 OFFICE OF RECEIVED ��oy ,��o .6. 0 COMMUNITY DEVELOPMENT AND rdSHAw o NORTH ANDOVER 27 Charles Street North Andover, Massachusetts 01345 C � w>ZLrAM J. SCOTT M9 OEC 28 P 1• J�1 'SSAGHU5ti` Director i (978)688-9531 NOTICE. OF DECISION 7 Fax (973)688-9542 Any appeal shall be filled within (20) days after the date of filling this Notice in the Office of the Town Clerk. Date [ Zg; 19 c N Date of Nearing ] ! a C Petition of P n�,Y, n el I �'oc A-r Premises affected One��er 1 Cie G;rr Ie- Referring to the above petition for a special,.permit from the requirements of the Nacth ArnllO,,I cr. ori•, rnr4 S(_j)n( ` S0 ie)n '-7 2. 1 so as to allow Q I t �GG�55 '�'c� LOT OVPr' ll 11C�lPt1'>L l-O"1 U After a public hearing given on the above date, the Planning'Board voted to Q OF ROV the PP r M,t- AC.0 eas CAher-IarL O\j er The t�c�a i �r�n-IU etc _ based upon the following conditions: co Signed CC: Director of Public Works Alison NL Lescarbeau Chairman - - Building Inspector. Natural Resource/Land Use Planner ,John Simons. Vice Chairman Health Sanitarian Assessors Alberto Angles, Clerk Police Chief _. .. Fire Chief Richard S. Rowen Applicant Engineer Richard Nardella Towns Outside Consultant a File Planning Board Interested Par4ies - 80,V,D OF APPE.,Ls 686 9, -it BUILD1Tv0, 688-95 � COMSERVATK)N 688-�iS30 WE,LTH 633-9540' PLANNING ii83-'i57 Lots 1 & 5 Stonewedge Circle Special Permit Approval- Access other than over the legal frontage The Planning Board makes the following findings regarding the application of Campbell Forest, LLC, 231 Sutton Street, Suite 2F, North Andover, MA 01845, dated October 15, 1999 requesting a Special Permit under Section 7.2.1 of the North Andover Zoning Bylaw to allow access to Lot 1 — Stonewedge Circle over the adjacent lot, Lot 3; and to allow access to Lot 5 — Stonewedge Circle, over its adjacent lot, Lot 4, owned by Campbell Forest, LLC, 231. Sutton Street, Suite 2F, North Andover, MA 01845: FINDINGS OF FACT: 1. A large area of wetland covers the entire frontage of Lot 5 and Lot 1. 2. Access other than legal frontage to these lots will create less impact on the wetland area therefore the location is appropriate; the driveway will not affect-the neighborhood, and will not create a hazard to vehicles or pedestrians.. 3. This application will have less impervious area than the original subdivision which was approved and depicted common driveways, instead of the new roadway proposed, Stonewedge Circle. This plan reduces the impact to the wetland area by approximately 250 feet. 4. The purpose and intent of the regulations contained in the Zoning Bylaw are met with the Special Permit Appfication. Upon reaching the above findings,the Planning Board approves this Special Permit with the following c6nditions: Special Conditions: 1. This decision must be filed with the North Essex Registry of Deeds. Included as a part of this decision are the following plans: Plans titled: Definitive Residential Subdivision Stonewedge Circle—N. Andover, MA Prepared For: Campbell Forest, LLC Prepared by:. Engineering Alliance, Inc. 196 Central,Street Saugus, MA 01906 Scale: 1 '=40' Plan Date: . 9/28/99 a) The Town Planner must approve any;changes made to these plans. Any changes deemed substantial by the Town Planner will require a public hearing and a modification by the Planning Board. b) Easements pertaining to the rights of access for and agreements pertaining to the maintenance of the driveway must be recorded with the Registry of Deeds and a certified copy of the recorded document filed with the Planning Office. 2. Prior to any site disturbance: a) All appropriate erosion control devices must be in place and reviewed by-the Town Planner. b) The decision of the Planning Board must be recorded at the North Essex Registry of Deeds and a certified copy of the recorded decision must be submitted-to the Planning Office. c) Tree clearing must be kept to a minimum. The area to-be cleared must be reviewed by the Town Planner. 3. The contractor shall contact Dig Safe at least 72 hours prior to-commencing any excavation. 4. Gas, telephone, cable, and electric utilities shall be installed as specified by the respective utility companies. 5. No open burning shall be done except as is permitted during the burning season under the Fire Department regulations. 6. No underground fuel storage shall be installed except as may be allowed by Town Regulations. - 7. The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. . 8. This permit shall be deemed to have lapsed after a two- (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced. Therefore the permit will lapse on t , I i r � . DEVELOPMENT js, CORPORATION N it(H AN00VER OFFICE OF 7{-3WN NIAPI GER April 12 2004 _...�.�..�....� -.�...._.�...-.v....._.__._ p Mr. Mark Rees Town Manager Town of North Andover Dear Mr. Rees: The purpose of this letter is to update you with events that have recently transpired. My name is Alan Russell; I work for Mesiti Development as a Project Manager. We are currently seeking street acceptance of our Campbell Forest subdivision at the next Town Meeting being held on May 10, 2004. We have followed the street acceptance procedure diligently. Notification of the April 20, 2004 Selectman's meeting have been sent out to all abutters and their mortgage holders as prescribed by the street acceptance procedure. However, at this juncture I regretfully submit to you, we will be unable to proceed and must retract our petition for street acceptance for Webster Woods Lane, Avery Park Drive and Stonewedge Circle. It is our desire, as well as the Town's desire to move forward with the procedure but after last Tuesday night's Planning Board meeting this doesn't seem possible. If you would indulge me for a moment I would like to explain and offer a solution. We have been working on this street acceptance procedure since last spring and have been diligently working on it since last fall. A site walk with Julie Parrino,(as Conservation Administrator) last fall as well as a site walk with. Jack Sullivan 8v Tim Willett last fall proved this subdivision was in excellent shape 8v therefore would be ready for acceptance at May's Town Meeting. A drainage analysis was performed last summer, per the request of Julie Parrino, Conservation Administrator and a problem with the three culverts in the subdivision was discovered. Evidently these culverts were not installed correctly according to the previously approved drainage analysis report however they were properly installed according to the approved subdivision plans. Therefore, we hired an engineer to come up with an appropriate solution to the problem and in November 2003 I presented the resolution to the Conservation Commission. The Conservation Commission did not approve this resolution, the installation of metal weir plates at the base of the culverts until January 14, 2004. By now the brooks were frozen solid, so we thought, and DEVELOP A BUILD A MANAGE 978 687-5300.Fax:978-557-8160.email:mail@mesitigroup.com.100 Andover By-Pass, Suite 300.North Andover, MA 01&15 installation would be extremely difficult. We tried, we chopped through two feet of ice only to find water flowing, we sand bagged and pumped out the water and chopped through the partially frozen stream bed and were able to partially install the plates, upper bolts only. Upon realizing this daunting task, I called Jack Sullivan, DPW Engineer and upon advise from our engineer, Jack and I had decided that this temporary installation would work and when the brooks were at their lowest flow we would be able to install the remaining bolts located at the bottom edge of the culverts. I also offered a cash some of money, agreeable by him in the form of a bond to ensure the job is completed, to which he agreed. Another site walk with Jack Sullivan, Julie Parrino (as Planning director) and Alison McKay (Conservation Administrator) was performed on March 4, 2004. A small punch list of items to be done was developed which included: sweep the streets, clean all catch basins (this was done last summer as well), add loam and seed to areas that didn't weather the winter very well and repair the hot top at the entrance and at the first intersection. We observed the drainage plates in place and working according to design. A discussion as to installing the remaining bolts came up & it was agreed upon by myself, DPW & Conservation to hold a cash bond in the sum of$3,000 for each department until the complete installation of the remaining bolts. On March 22nd (I believe) we received a snowstorm, which required plowing of the streets, and the Town's contractor plowed the roads in Campbell Forest. On Wednesday March 24th I went out to the subdivision and had noticed some damage caused by the plow driver and immediately called Jack Sullivan. The plow driver did a horrible job, knocking down 3 mailboxes and dug up the grass strip (between the road & the sidewalk) in several places. On March 25th Jack called to confirm some damage but he wasn't sure who would be responsible because it's not a "town road", however they might be able to offer us some loam at the same time our guys were working there. On March 26th I went back to the subdivision (met with the street sweeper and the company cleaning the catch basins) and was able to get a better view of the extent of the damage with the snow melted. It was more severe than first thought. I was also stopped by a couple of homeowners who were thoroughly concerned with it, which I assured them it was being rectified (I also took several photographs of the damage). The neighbors said they made several_ calls to the town looking for answers. On March 315t I spoke to Jack Sullivan regarding the punch list items. He too is in agreement that waiting for the proper weather to grow grass and lay down hot top would be in the best interest of the town, we both want the job done correctly the first time and he doesn't feel it should hamper our street acceptance process. He also mentioned the damage to the grass strip was excessive & he would talk it over with the highway superintendent and they would come up with a solution. The next day Jack Sullivan called to say,that the DPW was very busy & didn't. have the labor force to clean up mess & spread loam, however if we didn't mind doing the work the town would supply the material. I agreed. The Planning Board meeting of April 6, 2004 was unprofessional and the rude attitude of one of its members does not reflect well on the town. It was apparent to me, he had preconceived his opinion that our subdivision was nowhere ready for acceptance by the town. As I tried to explain to him, the chairman and the rest of the board our position in getting the items completed, he kept interrupting saying, to the effect; "this subdivision is not ready and we should not be hearing this, Mr. Chairman." He was being unreasonable and not allowing me time to explain. The board agreed not to continue and that if ALL work was completed by their next meeting they would consider recommending acceptance to the Selectmen. I informed them both meetings. are to be held on the same night & how were we to get favorable recommendation from the Selectmen prior to Town Meeting? They assured me it would happen. After discussing the Planning Board meeting with the President of Mesiti. Development, we concluded there is not enough time to properly correct the punch list items and we should withdraw our petition. I attempted to make our withdrawal last Friday but was convinced by Joyce Bradshaw to write you this letter in hopes you could shed some positive light on our dilemma. She feels it would be a great waste of resources on both the Town and Mesiti Development. Everything is done and in place and is awaiting favorable approval by the Selectmen. With that I wish to reiterate the solutions previously mentioned. We are willing to postpone release of the 2 surety bonds until the work is completed; $282,000 for Campbell Forest and $64,800 for Stonewedge Circle. We are willing to submit $6,000 as a cash bond until all the bolts are in place; $3,000 to DPW and $3,000 to Conservation. Conservation is also in possession of a $90,000 cash bond for Campbell Forest and a $14,080 cash bond for Stonewedge Circle. We want to make sure the Town is comfortable with the subdivision before releasing any monies. The "release of any money would only come after the satisfactory recommendation fron Jack Sullivan. { With flits Z submit to you and will await your recommendation before proceeding any further.with=our withdrawal- = If you seek addit-Qr�alinformation o need to discuss this letter I:would make myself available to your sohedul Pleao cor�taet me at the following ; nui bexs, ©ffiee 978 68`�:5300 ~Cell;�9'�8 48 I52 or etnatl :' arusselumesttigt ou�.com v 1 - Thanl�you for yoiix time Respectfully yours; Alan Russell, Project Manager Mesiti Development Corp. Cc: Kenneth Grandstaff, President, Mesiti Development Corp. Richard Pairs, Vice President, Mesiti Development Corp. DEVELOPMENT CORPORATION April 20, 2004 Mr. Alberto Angles, Chairman of the Planning Board Members of the North Andover Planning Board Town of North Andover Dear Mr. Chairman and Members; On April 15, 2004 I had a phone conversation with Jack Sullivan, Director of Engineering regarding the street acceptance for our Campbell Forest subdivision. Our discussion was the result of a meeting he had with Town Manager Mark Rees and other Town Officials. It is Mesiti Development's position to move forward expeditiously and as amicably possible on the three punch list items. However, bearing in mind the time of season at hand, every attempt will be made to spread loam and seed over those areas damaged during the winter and to repair the hot top area that too was damaged, prior to Town Meeting on May IOth. The weir plate bolts for the culverts will be installed as soon as possible however with the amount of rain we've received in the past few weeks it does not look as if we'll prevail. In lieu of that, we would like to propose a solution that allows the street acceptance procedure to move forward and assure the Town the work will be completed. Mesiti Development will give the Town a cash bond to be held in escrow for each item to be completed and once the work has been completed, the bond shall be reduced by said amount upon favorable recommendation from Jack Sullivan until such time all work is completed. The amounts are as follows: $1,500 for loam & seed; $3,500 for paving repair; and $1,000 for installation of the bolts. These amounts were discussed with and agreed by Mesiti Development and Jack Sullivan, DPW Engineer. In addition to the cash bond mentioned above, the Town is the obligee to 2 surety performance bonds: bond #1312680377 in the amount of$64,800 for Stonewedge Cir. and bond #L04816 in the amount of $282,000 for Campbell Forest. The Town DEVELOP s BUILD&MANAGE 978-687-5300 A Fax:978-557-8160 A email:mail@mesitigrouP.com. 100 Andover By-Pass, Suite 300 A North Andover, NIA 01845 possesses cash bonds for Stonewedge Cir and Campbell Forest in excess of $104,000 for the Conservation Dept. It is with our sincere hope, the Planning Board understands Mesiti Development would like to see the street acceptance procedure continue on a smooth and uninterrupted course and we do not want to taint the relationship we have with the Town. We have been working on the street acceptance process since before last fall and it does not benefit either the Town or Mesiti, after so much hard work, to allow this process to fail. Thank you for you time and understanding. If you have any questions, please call or email me. I can be reached at the office 978-687-5300 or Email: arussellcamesitigroup.com Respectful yours, Alan Russell, Project Manager Cc Mark Rees, Town Manager Board of Selectman Jack Sullivan, Director of Engineering, DPW Julie Parrino, Town Planner Brian Vaughan, Devine, Millimet 8v Brach, Attorneys At Law Kenneth Grandstaff, President, Mesiti Development Corp. Richard Paris, Vice President, Mesiti Development Corp. e D E V E L O P M E N T G R O U P T RAN SMITTAL -o: TIM WILLETTE From: Kenneth Ahern,Project Manager COMPANY:NO, ANDOVER DPW DATE:MAY 6, 2002 FAX NUMBER: 978-688- 9573 TOTAL.NO.OF PAGES INCLUDING COVER: 3 PHONE NUMBER: 978-685-0950 Office 978-687-5300 Fax 978-557-8160 Cell 978-423-1521 F•,: P Ro)Ec,r Water Testing for installed 8"water Stonewedge Circle Subdivision Lots 1,2,2A,3,4&5 line installed in August 2001' No.Andover,MA 01845 URGENT ®FOR YOUR USE n PLEASE CONINIENT ® PLEASE REPLY ❑ PER YOUR REQUEST NOTES/COMMENTS: Tim, Please find attached a copy of the bacterialogical testing results for the 8"waterline installed to benefit the Stonewedge Circle Definitive Subdivision.Rick Muise tells me you witnessed the pressure testing last summer. Ricks memory was the pressure testing gear was set at about 150 p.s.i. and the waterline held its pressure. Rick Muise told me to tell you to feel free to call Rick at 603-898- 4701 if you need a specific date of the test or if you have any other questions. If you need further assistance or have any questions,please call me on my cell# 978-423-1521. Ke Y4.4" I(X)Andover I3II)ass,Suite 3()0,North Andover,Klass.01845(978)687-5300 P:ix:(978)557-8160 kahem@mesitigroup.com CoAN�- Herbert P. Phillips, P.C. Michael A. Gerstein LAW OFFICES OF Stuart M. Holber Russell S. Channen (Pk*s, 6efs&�%11offief&6&wn Jane M. Owens Triano Ronald N. Beauregard Kevin P. Rauseo 25 Kenoza Avenue N Haverhill, MA 01830 Tel: (978) 374-1131 /(800) 457-6912 0 Fax: (978) 372-3086 Of Counsel: John T. Pollano Gerald M. Lewis VIA FACSIMILE AND REGULAR MAIL December 1, 1997 Kathleen Bradley Colwell, Town Planner Office of Community Development and Services 30 School Street North Andover, MA 01845 Re: Campbell Forest Dear Ms. Colwell: I wish to acknowledge receipt of your letter dated October 30, 1997. Kindly find enclosed herewith proposed Covenant for Right of Way"A!', together with a proposed Deed for"Parcel A", relative to the above referenced matter. I will re-record Sheet 6 of the previously approved plan with this deed. It is my hope we can address all concerns and I look forward to speaking with you shortly in this regard. Please call,me after you have reviewed same with Town Counsel. Very truly,yo-b- MAG/lf cc: Campbell Forest, LLC All attorneys admitted in Massachusetts. Holber, Beauregard and Rauseo admitted also in New Hampshire. Holber admitted also in Maine. Other office: 32 Saco Avenue, P.O. Box W, Old Orchard, ME 04064 Reply to Haverhill office only 2/6/2004 CAMPBELL FOREST ABUTTERS LIST TOWN MAP LOT STREET ADDRESS OWNER'S NAME 106B 34 29 Stonewedge Circle Dr. Brett P. Mansfield 106E 185 15 Stonewedge Circle Chris &Anne Gattis 106B 161 5 Stonewedge Circle Robert& Debbie Palumbo 106E 162 33 Stonewedge Circle Stephen & Linda Todd 106B 163 32 Stonewedge Circle Monique& Norbert Johnson 106E 164 28 Stonewedge Circle Eugene& Pamela Sullivan 108A 20 115 Webster Woods Lane Scott& Rebecca Specht 108A 21 129 Webster Woods Lane Bill Rozier 108A 22 143 Webster Woods Lane Mike& Mary Miele 108A 29 157 Webster Woods Lane Wolfgang & Dolores Walcker 108A 23 175 Webster Woods Lane Paul & Cindy Jalbert 108A 24 195 Webster Woods Lane Noreen & Frank Britt 108A 25 201 Webster Woods Lane Andrew& Barbara Graff 108A 26 209 Webster Woods Lane Steve & Diane Casey 106E 177 221 Webster Woods Lane Jaguti &Vivhash Desai 106E 178 239 Webster Woods Lane Frank& Kelly Roe 106B 179 247 Webster Woods Lane Mike& Debbie Newman 106B 180 261 Webster Woods Lane Ed & Mary Wolfe 106B 181 265 Webster Woods Lane Denise L. Stabile 106B 182 275 Webster Woods Lane Steve & Kathy Neyman 106B 183 287 Webster Woods Lane Deborah Najjar 106B 168 295 Webster Woods Lane Ken & Liz Kuska 106B 187 299 Webster Woods Lane Robert &Susan Green 106E 169 300 Webster Woods Lane Joel & Pamela Sitak 106E 170 290 Webster Woods Lane Urmila Ranjan 106B 171 280 Webster Woods Lane Bob & Maura Wittstein 106B 172 50 Avery Park Drive Kevin & Chris Lash 106B 166 30 Avery Park Drive Joe & Cindy Abidin 106B 167 40 Webster Woods Lane Kenneth & Donna Canning 106B 165 35 Avery Park Drive Jouko & Maari Karvinen 39 Avery Park Drive Paul & Anne Stewart 108A 27 180 Webster Woods Lane John & Michelle Hulbert 186 Webster Woods Lane David &Cheryl Esto 106B 176 190 Webster Woods Lane David & Hope Linton 106B 175 230 Webster Woods Lane Paul & Beth Drew 106B 174 244 Webster Woods Lane Hartmut& Lucille Legner 106B 173 45 Avery Park Drive John & Elaine Lunde 106E 71 1 Campbell Rd Susanne K. Meyer 106E 63 10 Campbell Rd Judith Goodwin 106B 64 20 Campbell Rd Clifford P. Melendy 106E 65 50 Campbell Rd Ellen M. Harrigan 106E 66 60 Campbell Rd Xiang-Dong & Musen Liang Ma 106B 105 30 Campbell Rd Andrew E. Hale& Kathleen F. Panopoulo 106E 9 Campbell Rd 106B 39 Campbell Rd 106B 38 Campbell Rd 106E 67 Campbell Rd 106E 69 100 Campbell Rd Laurie Shorter 106B 68 Campbell Rd 106B 216 Campbell Rd 106B 37 Campbell Rd 106B 36 Campbell Rd 106E 78 Campbell Rd 106B 33 Campbell Rd 106B 79 Campbell Rd 2/6/2004 CAMPBELL FOREST ABUTTERS LIST TOWN MAP LOT STREET ADDRESS OWNER'S NAME 106E 74 106B 76 106B 77 108A 14 108A 1 108A 2 106B 60 106B 12 106E 13 106E 42 106B 15 106B 16 CONFIRMATORY FORM M CONVEYANCE OF EASEMENTS AND UTILITIES Campbell Forest, LLC, of 100 Andover By Pass, Suite 300, North Andover, Essex County, Massachusetts; for the consideration of $1.00, hereby grants, transfers and delivers unto the Inhabitants of the Town of North Andover, a municipal corporation in Essex County, the following: A. The perpetual rights and easements to construct, inspect, repair, remove, replace, operate and forever maintain (1) a sanitary sewer or sewers with any manholes, pipes, conduits and other appurtenances, (2) pipes, conduits and their appurtenances for the conveyance of water, and(3) a covered surface and ground water drain or drains with any manholes,pipes, conduits and their appurtenances, and to do all other acts incidental to the foregoing, including the right to pass along and over the land for the aforesaid purposes, in, through, and under the whole of Webster Woods Lane (formerly Joanne Drive), Avery Park Drive (formerly Donna Drive) and Stonewedge Circle, all as shown on (i) plan entitled, "Definitive Subdivision Plan of Land in North Andover, Mass." dated December 4, 1991 and revised March 12, 1992, prepared for TDJ Development Corp., 40 Lowell Road, Salem, NH 03079, and prepared by Andover Consultants, Inc., 1 East River Place, Methuen, MA 01844, which plan is recorded with the Essex North District Registry of Deeds as Plan Number 12784, as affected, if at all, by plans recorded at the Essex Northern District Registry of Deeds as Plans numbered 13711, 13712, 13728, 13751; 13935, 13945, 13954, 13955, 13978, 14044, 14120, 14168, 14169, 14225 and 14234 (the "Webster Subdivision Plan"), (ii) plan entitled, "Definitive Residential Subdivision Stonewedge Circle North Andover, Massachusetts" dated September 28, 1999, prepared for Campbell Forest, LLC, 231 Sutton Street, Suite 2F, North Andover, MA 01845, and prepared by Engineering Alliance, Inc., 1 East River Place, Methuen, MA 01844, which plan is recorded with the Essex North District Registry of Deeds as Plan Number 13712, as affected, if at all, by plans recorded at the Essex Northern District Registry of Deeds as Plans numbered 13728, 137513 13935, 13945, 13954, 13955, 13978, 14044, 14120, 14168, 14169, 14225 and 14234 (the "Stonewedge Subdivision Plan"), (iii) Plan entitled, "Street Layout Plan Webster Woods Lane" dated July 28, 2003, which plan is recorded with the Essex North District Registry of Deeds as Plan Number (the "Webster Street Layout Plan"), and (iv) Plan entitled, "Stonewedge Circle Street Layout Plan" dated October 30, 2003, which plan is recorded with the Essex North District Registry of Deeds as Plan Number (the "Stonewedge Street Layout Plan"), said plans (collectively, the "Plans") are made and the Plans are incorporated herein for a complete and detailed description of said road. B. The perpetual rights and easements to use for purposes set forth on Exhibit A the following parcels of land situated on Webster Woods Lane(formerly Joanne Drive), Avery Park Drive (formerly Donna Drive) and Stonewedge Circle, off Campbell Road in said Town of North Andover and bounded and described as follows: As shown on said Plans and as more fully described in Exhibit B hereto. {A1256\44166\A0062794.1} The grantor warrants that the aforesaid easements are free and clear of all liens or encumbrances, that it has good title to transfer the same, and that it will defend the same against claims of all persons. For grantor's title see deed from T.D.J. Development Corporation to Campbell Forest, LLC dated June 5, 1997 and recorded with Essex North District Registry of Deeds at Book 4770,Page 95. This is not a homestead property. Reference is hereby made to (i) that certain Form M Conveyance of Easements and Utilities dated on or about February 6, 1996 and recorded in Essex North District Registry of Deeds at Book 4452, Page 59, (ii) that certain Form M Revision of Conveyance of Easements and Utilities dated on or about March 6, 1999 and recorded in Essex North District Registry of Deeds at Book 566t, Page 345, and (iii) that certain Form M Conveyance of Easements and Utilities dated February 1, 2000 and recorded in Essex North District Registry of Deeds at Book 5722, Page 187 (collectively, the "Existing Easements"). This Confirmatory Form M Conveyance of Easements and Utilities is intended to confirm and restate the Existing Easement with reference to the existing drainage easement areas as they are now also further described on the Webster Street Layout Plan and Stonewedge Street Layout Plan, with reference to current lot numbers as the Plans have been revised, and upon acceptance thereof at Town Meeting. Nothing contained herein shall abrogate, in any way, any rights conveyed by or arising in connection with the Existing Easements. IN WITNESS WHEREOF, the undersigned has executed this instrument under seal as of the_day of , 2004. CAMPBELL FOREST, LLC By: Witness Anthony Mesiti, Manager COMMONWEALTH OF MASSACHUSETTS Essex, ss. On this day of , 2004,before me, the undersigned notary public, personally appeared Anthony Mesiti in his capacity as Manager of Campbell Forest, LLC,proved to me through satisfactory evidence of identification, which were , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public My Commission Expires: (Al 256\44166\A0062794.1} COMMONWEALTH OF MASSACHUSETTS On this day of , 2004,before me, the undersigned notary public,personally appeared , proved to me through satisfactory evidence of identification, which were , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public My commission expires: COMMONWEALTH OF MASSACHUSETTS On this_day of , 2004,before me, the undersigned notary public,personally appeared , proved to me through satisfactory evidence of identification, which were , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public My commission expires: COMMONWEALTH OF MASSACHUSETTS On this day of , 2004, before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification, which were to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public My commission expires: COMMONWEALTH OF MASSACHUSETTS On this day of , 2004, before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification, which were , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public My commission expires: (A 1256\44166\0062762.1} EXHIBIT A LEGAL DESCRIPTION OF PARCEL A CAMPBELL FOREST NORTH ANDOVER, MA Beginning at a point on the southerly sideline of Campbell Road at the northerly property corner of the land n/t David B. and Pamela J. Fowler; thence N 62-46-40 E a distance of 10.56 feet along Campbell Road to a point; thence N 58-23-00 E a distance of 80.43 feet along Campbell Road to a point; thence N 62-57-49 E a distance of 28.97 feet along Campbell Road to a point; thence N 46-41-48 E a distance of 17.27 feet along Campbell Road to a point; thence N 31-44-03 E a distance of 17.17 feet along Campbell Road to a point; thence N 14-17-37 E a distance of 117.40 feet along Campbell Road to a point; thence N 07-20-43 E a distance of 45.81 feet along Campbell Road to a point; thence N 04-00-04 W a distance of 56.57 feet along Campbell Road to a point; thence N 25-58-51 E a distance of 38.87 feet along Campbell Road to a point; thence N 27-12-19 E a distance of 20.61 feet along Campbell Road to a point; thence N 43-45-06 E a distance of 29.47 feet along Campbell Road to a point; thence N 66-07-25 E a distance of 38.75 feet along Campbell Road to a drill hole at an angle point of a stone wall; thence S 58-07-56 W a distance of 24.11 feet to a drill hole at an angle point of an intermittent stone wall; thence S 42-56-38 W a distance of 28.12 to a drill hole at the end of an intermittent stone wall; thence In a southerly direction and curving to the left along the arc of a curve having a radius of 100.00 feet, but not tangent to the stone wall, a distance of 50.00 feet to a point; thence S 06-08-14 W a distance of 135.00 feet to a point; thence {A1256\44166\AO062762.1} . In a southerly direction and curving to the right along the are of a curve having a radius of 200 feet, a distance of 192.17 feet to a point; thence S 61-11-28 W a distance of 65.95 feet to a point at the land N/f David S. and Pamela I Fowler; thence Containing an area of 6037 square feet,more or less. As shown on a plan entitled"Definitive Subdivision Plan, Campbell Forest, North Andover, Mass.", dated December 4, 1991, revised March 12, 1992, and recorded at the North District Essex Registry of Deeds as Plan No. (A1256\44166\A0062762.1) CONFIRMATORY DEED Campbell Forest, LLC, a Massachusetts Limited Liability Company, of 100 Andover Bypass, Suite 300, North Andover, Massachusetts 01845 for the consideration of less than One Hundred Dollar($100.00), hereby grants, transfer and delivers unto the Inhabitants of the Town of North Andover, a municipal corporation in Essex County, Massachusetts the following: The fee in that certain parcel of land in North Andover, Essex County, Commonwealth of Massachusetts,being shown as "Parcel B"on a plan entitled, Definitive Subdivision Plan of Land in North Andover, Massachusetts, Scale 1"=200', dated December 4, 1991, Revised March 12, 1992, Owner and Applicant: T.D.J. Development Corp., 40 Lowell Road, Salem,New Hampshire 03079, Engineer and Surveyor: Andover Consultants, Inc., 1 East River Place, Methuen, Massachusetts 01844,"said Plan recorded with Essex North District Registry of Deeds as Plan No. 12784. Said Parcel B contains 8,879 square feet as shown on said Plan. Being a portion of the premises conveyed to Grantor by T.D.J. Development Corp. by Deed dated, June 5, 1997 and recorded at the Essex County Registry of Deeds at Book 4770,Page 95. This conveyance of Parcel B does not represent all nor substantially all of the assets of Grantor. This Deed is recorded as a confirmatory deed. Reference is made to deed previously recorded at Book 5722, Page 219 of the Essex Northern District Registry of Deeds. IN WITNESS WHEREOF, it has hereunto set its hand and seal this_day of , 2004. Campbell Forest LLC, by: By: Anthony Mesiti,Manager COMMONWEALTH OF MASSACHUSETTS On this day of , 2004, before me, the undersigned notary public,personally appeared , proved to me through satisfactory evidence of identification, which were to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public My commission expires: {A 1256\44166\A0062757.1} The Town of North Andover hereby accepts the foregoing conveyance: The Town of North Andover By: Its Board of Selectman By: By: By: By: By: COMMONWEALTH OF MASSACHUSETTS On this day of , 2004,before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification, which were , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public My commission expires: COMMONWEALTH OF MASSACHUSETTS On this day of , 2004,before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification, which were , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public My commission expires: (A 1256\44166\A0062757.1) COMMONWEALTH OF MASSACHUSETTS On this day of , 2004,before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification, which were , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public My commission expires: COMMONWEALTH OF MASSACHUSETTS On this day of , 2004, before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification, which were , to be the person whose name is signed on the preceding or attached document,, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public My commission expires: COMMONWEALTH OF MASSACHUSETTS On this_day of , 2004, before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification,which were , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public My commission expires: {A1256\44166\AO062757.1} CONFIRMATORY DEED Campbell Forest, LLC, a Massachusetts Limited Liability Company duly organized by law, having a principal of business at 100 Andover Bypass,North Andover, Massachusetts for consideration of less than$100,00, hereby grants, transfers and delivers unto the Inhabitants of the Town of North Andover, a municipal corporation in Essex County, with quitclaim covenants, Massachusetts, the following: The fee in that certain parcel of land in North Andover, Essex County, Commonwealth of Massachusetts, being shown as "Parcel A"on a plan entitled "Definitive Subdivision Plan of Land in North Andover, Mass., Scale 1"=200', dated December 4, 1991, revised March 12, 1992, Owner/Applicant: TDJ Development Corp.,40 Lowell Road, Salem,New Hampshire 03079, Engineer/Surveyor: Andover Consultants, Inc., 1 East River Place, Methuen, Mass. 01844", said plan is recorded at the Essex North District Registry of Deeds as Plan#12784, being more particularly described on Exhibit A attached hereto and also on a plan entitled, "ANR PLAN Tax Map 106-B Lot 168, 299 Webster Woods Lane—Subdivision Lot 20-C,North Andover, Massachusetts, Scale 1"-40' dated February 20, 2002, Applicant: Campbell Forest LLC, 100 Andover Bypass, Suite 300, North Andover, MA 01845,prepared by: S.E. Cummings Assoc., Inc., P.O. Box 1337, Plaistow,NH 03865", said plan is recorded at the Essex Northern District Registry of Deed as Plan#14234. Said Parcel A contains 6037 square feet as shown on said plans. Grantor grants to the Town of North Andover said Parcel A as shown on said plans, for the purpose of creating a fifty(50') foot right of way for Campbell Road. Being a portion of the premises conveyed to Grantor by T.D.J. Development Corp. by deed dated June 5, 1997 and recorded at the Essex North District Registry of Deeds at Book 4770, Page 95. This conveyance of Parcel A does not represent all nor substantially all of the assets of Grantor. This deed is recorded as a confirmatory deed. Reference is made to a deed previously recorded at Book 7635, Page 188 of the Essex Northern District Registry of Deeds. IN WITNESS WHEREOF, it has hereunto set its hand and seal this day of , 2004. Campbell Forest, LLC (Al 256\44166W0062762.1} COMMONWEALTH OF MASSACHUSETTS On this_day of , 2004,before me, the undersigned notary public,personally appeared , proved to me through satisfactory evidence of identification, which were , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public My commission expires: The Town of North Andover hereby accepts the foregoing conveyance: The Town of North Andover By: Its Board of Selectman By: By: By: By: By: COMMONWEALTH OF MASSACHUSETTS On this day of , 2004, before me, the undersigned notary public,personally appeared , proved to me through satisfactory evidence of identification, which were , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public My commission expires: {A 1256\44166\A0062762.1} EXHIBIT A DRAINAGE/SEWER EASEMENTS: A non-exclusive easement in common with all others entitled thereto including the'perpetual rights and easements to construct, inspect, repair, remove, replace, operate and forever maintain surface and groundwater drain or drains and sewer systems 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 for the aforesaid purposes, in, through and under the whole of all of the roadways as shown on the Plans and all of the easement areas shown on the Plans), in all drainage easement areas shown on the Plans, including without limitation, the following: Drainage easements on Lot 21-A and Lot 20-C as shown on Plan#14234. Drainage easement on Lot 28-C as shown on Plan#14225. Drainage easement on Lot 31-A as shown on Plan#14169. Drainage easement on Lot 26-C as shown on Plan#14168. Sewer easements on Lot 21-A and Lot 19 as shown on Plan#13955. Drainage easements on Lot 2 and Lot 2-A as shown on Plan#13712. Drainage easement on Lot 25 as shown on Plan#12784. Meaning and intending hereby to convey such perpetual easement rights for all drainage purposes in and to all areas marked on the Plans as "Drainage Easement" and/or "Sewer Easement" whether or not enumerated herein. EASEMENT RIGHTS IN STREETS A non-exclusive easement in common with all others entitled thereto in and to all of the roadways as shown on the Plans, as revised of record, for all purposes for which streets are used in the Town of North Andover(including the installation of utilities),namely: Webster Woods Lane (formerly Joanne Drive), Avery Park Drive (formerly Donna Drive) and Stonewedge Circle (A 1256\44166\A0062794.1) EXHIBIT B (Al 256\44166\A0062794.1) NOTICE OF STREET ACCEPTANCE PUBLIC HEARING FOR WEBSTER WOODS LANE, AVERY PARK DRIVE AND STONEWEDGE CIRCLE Notice is hereby given that the Board of Selectmen of the Town of North Andover will hold a public hearing on , 2004 at p.m. on the Floor of the Building located at Street, North Andover, MA on the matter of the layout of Webster Woods Lane, Avery Park Drive and Stonewedge Circle as public ways. {A 1256\44166\AO062730.11 CERTIFICATE REGARDING NOTICE I, Brian G. Vaughan, an attorney licensed to practice law in the Commonwealth of Massachusetts practicing with the law firm of Devine, Millimet & Branch, P.A., 300 Brickstone Square, Andover, Essex County, Massachusetts, do hereby certify to the Town of North Andover the following: 1. All property owners, mortgagees and abutters on Webster Woods Lane, Avery Park Drive and Stonewedge Circle, including all parties identified on Exhibit A attached hereto, were notified of the Selectmen's public layout hearing by certified mail sent , 2004, pursuant to Mass. Gen. L. ch. 82, §22. Signed this`day of , 2004. By: Brian G. Vaughan, Esq. {A1256\44166\A0062731,1} CERTIFICATE REGARDING DUE EXECUTION OF EASEMENTS AND DEEDS I, Robert W. Lavoie, an attorney licensed to practice law in the Commonwealth of Massachusetts practicing with the law firm of Devine, Millimet & Branch, P.A., 300 Brickstone Square, Andover, Essex County, Massachusetts, do hereby certify to the Town of North Andover the following: 1. All necessary parties having an interest in the parcel of land comprising the road known as Webster Woods Lane (formerly known as Joanne Drive) and being shown as Joanne Drive on a plan entitled, "Definitive Subdivision Plan of Land in North Andover, Mass." dated December 4, 1991 and revised March 12, 1992,prepared for TDJ Development Corp., 40 Lowell Road, Salem, NH 03079, and prepared by Andover Consultants, Inc., 1 East River Place, Methuen, MA 01844, which plan is recorded with the Essex North District Registry of Deeds as Plan Number 12784, and which property is further shown as Webster Woods Lane on that certain Plan entitled, "Street Layout Plan Webster Woods Lane" dated July 28, 2003, which plan is to be recorded with the Essex North District Registry of Deeds, have executed all instruments transferring title to said road to the Inhabitants of the Town of North Andover and the Town of North Andover is receiving good, clear, marketable title to said roads, subject to utility easements of record or as shown on said plans, or on such additional plans recorded at the Essex Northern District Registry of Deeds, including without limitation recorded Plans numbered 12784, 13711, 13712, 13728, 13751, 13935, 13945, 13954, 13955, 13978, 14044, 14120, 14168, 14169, 14225 and 14234 or on the Webster Woods Lane As-Built Plan. 2. All necessary parties having an interest in the parcel of land comprising the road known as Avery Park Drive (formerly known as Donna Drive) and being shown as Donna Drive on a plan entitled, 'Definitive Subdivision Plan of Land in North Andover, Mass." dated December 4, 1991 and revised March 12, 1992, prepared for TDJ Development Corp., 40 Lowell Road, Salem, NH 03079, and prepared by Andover Consultants, Inc., 1 East River Place, Methuen, MA 01844, which plan is recorded with the Essex North District Registry of Deeds as Plan Number 12784, and which property is further shown as Avery Park Drive on that certain Plan entitled, "Street Layout Plan Webster Woods Lane" dated July 28, 2003, which plan is to be recorded with the Essex North District Registry of Deeds, have executed all instruments transferring title to said road to the Inhabitants of the Town of North Andover and the Town of North Andover is receiving good, clear, marketable title to said roads, subject to utility easements of record or as shown on said plans, or on such additional plans recorded at the Essex Northern District Registry of Deeds, including without limitation recorded Plans numbered 12784, 13711, 13712, 13728, 13751, 13935, 13945, 13954, 13955, 13978, 14044, 14120, 14168, 14169, 14225 and 14234 or on the Avery Park Drive As-Built Plan. 3. All necessary parties having an interest in the parcel of land comprising the road known as Stonewedge Circle and being shown as Stonewedge Circle on a plan entitled, "Definitive Residential Subdivision Stonewedge Circle North Andover, Massachusetts" dated September 28, 1999, prepared for Campbell Forest, LLC, 231 Sutton Street, Suite 2F, North Andover, MA 01845, and prepared by Engineering Alliance, Inc., 1 East River Place, Methuen, MA 01844, which plan is recorded with the Essex North District Registry of Deeds as Plan Number 13712, and as further shown on that certain Plan entitled, "Stonewedge Circle Street {AI256\44166\A0062816.1} Layout Plan" dated October 30, 2003, which plan is to be recorded with the Essex North District Registry of Deeds, have executed all instruments transferring title to said road to the Inhabitants of the Town of North Andover and the Town of North Andover is receiving good, clear, marketable title to said road, subject to utility easements of record or as shown on said plans, or on such additional plans recorded at the Essex Northern District Registry of Deeds, including without limitation recorded Plans numbered 12784, 13711, 13712, 13728, 13751, 13935, 13945, 13954, 13955, 13978, 14044, 14120, 14168, 14169, 14225 and 14234 or on the Stonewedge Circle As-Built Plan. 4. All necessary parties having an interest in the Drainage Easement areas conveyed or to be conveyed to the Inhabitants of the Town of North Andover, as shown on the following plans: (i) plan entitled, "Definitive Subdivision Plan of Land in North Andover, Mass." dated December 4, 1991 and revised March 12, 1992,prepared for TDJ Development Corp., 40 Lowell Road, Salem, NH 03079, and prepared by Andover Consultants, Inc., 1 East River Place, Methuen, MA 01844, which plan is recorded with the Essex North District Registry of Deeds as Plan Number 12784, as affected, if at all, by plans recorded at the Essex Northern District Registry of Deeds as Plans numbered 13711, 13712, 13728, 13751, 13935, 13945, 13954, 13955, 13978, 14044, 14120, 14168, 14169, 14225 and 14234, (ii) plan entitled, "Definitive Residential Subdivision Stonewedge Circle North Andover, Massachusetts" dated September 28, 1999, prepared for Campbell Forest, LLC, 231 Sutton Street, Suite 2F,North Andover, MA 01845, and prepared by Engineering Alliance, Inc., 1 East River Place, Methuen, MA 01844, which plan is recorded with the Essex North District Registry of Deeds as Plan Number 13712, as affected, if at all, by plans recorded at the Essex Northern District Registry of Deeds as Plans numbered 13728, 13751, 13935, 13945, 13954, 13955, 13978, 14044, 14120, 14168, 14169, 14225 and 14234, (iii) Plan entitled, "Street Layout Plan Webster Woods Lane" dated July 28, 2003, which plan is to be recorded with the Essex North District Registry of Deeds, and (iv) Plan entitled, "Stonewedge Circle Street Layout Plan" dated October 30, 2003, which plan is to be recorded with the Essex North District Registry of Deeds, have executed all instruments conveying an easement in said Drainage Easements to the Inhabitants of the Town of North Andover and the Town of North Andover is receiving good, clear, marketable title to the drainage easement in said Easement Areas. 5. All property owners, mortgagees and abutters on Webster Woods Lane, Avery Park Drive and Stonewedge Circle were notified of the Selectmen's public layout hearing by certified mail sent , 2004, pursuant to Mass. Gen. L. ch. 82, §22. Signed as of the_day of , 2004. Devine, Millimet&Branch,P.A. By: Robert W. Lavoie, Esq. {A 1256\44166\A0062816.1} QUITCLAIM DEED Campbell Forest, LLC ("Grantor"), a Massachusetts limited liability company with an address of 100 Andover By Pass, Suite 300,North Andover, Massachusetts, In consideration of fewer than one hundred dollars, grants to the Inhabitants of the Town of North Andover, a Massachusetts municipal corporation ("Grantee") with quitclaim covenants those certain parcels of land in North Andover, Essex County,Massachusetts described below, Property: Fee in the Roadways known as Webster Woods Lane (formerly known as Joanne Drive), Avery Park Drive (formerly known as Donna Drive), and Stonewedge Circle,North Andover, Massachusetts. Said Roadways being those certain parcels of land situated in North Andover, Essex County, Massachusetts, more particularly described as follows: 1. Webster Woods Lane: that certain parcel commonly known as Webster Woods Lane and being shown as Joanne Drive on a plan entitled, "Definitive Subdivision Plan of Land in North Andover, Mass." dated December 4, 1991 and revised March 12, 1992, prepared for TDJ Development Corp., 40 Lowell Road, Salem, NH 03079, and prepared by Andover Consultants, Inc., 1 East River Place, Methuen, MA 01844, which plan is recorded with the Essex North District Registry of Deeds as Plan Number 12784, and which property is further shown as Webster Woods Lane on that certain Plan entitled, "Street Layout Plan Webster Woods Lane" dated July 28, 2003 and revised , 2004, prepared for Campbell Forest, LLC, 100 Andover Bypass — Suite 300, North Andover, MA 01845, and prepared by S.E. Cummings Assoc. Inc., P.O. Box 1337, Plaistow, NH 03865, which plan is recorded with the Essex North District Registry of Deeds as Plan Number , and which property is bounded and described on said layout plan as follows: Beginning at a bound on the south side of Webster Woods Lane and the east side of Campbell road: Thence; Along Campbell Road S 62-41'-47" W, nine and eighty-eight hundredths feet (9.88') to a point: Thence; continuing along Campbell road S 63-26'-26" W, a distance of forty-six and eight hundredths feet (46.08') to a iron rod: Thence, Continuing along Webster Woods Lane S 00-00'-00" W, a distance of three hundred fifty-two and ninety-nine hundredths feet (352.99') to a point: Thence; Continuing along Webster Woods Lane S 46-23'-15" E, a distance of seventy-four and ninety- nine hundredths feet(74.99') to a point: Thence; In a Southwesterly direction along a curve with a radius of one hundred eighty-five feet (185.00') a length of one hundred thirty-two and thirty-eight hundredths feet (132.38')to a point: Thence; Continuing along Webster Woods Lane S 05-23'-50" E; a distance of ninety-two feet(92.00')to a point: Thence; In an Southwesterly direction along a curve with a radius of one hundred twenty-five feet (125.00') a length of seventy and ninety hundredths feet(70.90') to a point: Thence; Continuing along Webster Woods Lane S 27-06'-10"W, a distance of one hundred {A1256\44166\A0062788.1} twenty- four feet (124.00') to a point: Thence; In a Southeasterly direction along a curve with a radius of two hundred fifty-feet (250.00') with a length of two hundred ninety- two and thirty- four hundredths feet (292.34')to a point: Thence; Continuing along Webster Woods Lane S 39-53'-50" E, a distance of one hundred forty four feet (144.00') to a point: Thence; In a southwesterly direction along a curve with a radius of one hundred twenty-five feet(125.001) with a length of one hundred twenty-four and thirty-five hundredths feet (124.35')to a point: Thence; Continuing along Webster Woods Lane S 17-06'-10" W, a distance of eighty-two and fifty hundredths feet (82.50') to a point: Thence; In a southeasterly direction along a curve with a radius of two hundred feet (200.001) length of three hundred fourteen and sixteen hundredths feet (314.16') to a point: Thence; Continuing on Webster Woods Lane 8 72-53'-50"E, a distance of one hundred fifty- six feet(156.00')to a point: Thence; In an Northeasterly direction along a curve with a radius of one hundred seventy- five feet (175.00') a length of one hundred eighteen and thirty-six hundredths feet (118.36) to a point: Thence; Continuing along Webster Woods Lane N 68-2F-10" E, a distance of four hundred twenty feet (420.00') to a point: Thence; In a Northeasterly direction along a curve with a radius one hundred seventy-five feet (175.00) a length of three hundred thirty-two and ninety-two hundredths feet (332.92')to a point: Thence; Continuing along Webster Woods Lane N 40-38'-50" W, a distance of sixty-five feet (65.00') to a point: Thence; In a northwesterly, direction along a curve with a radius of one hundred twenty- five feet (125.00') a length of seventy-four and eighteen hundredths feet (74.18') to a point. Thence; Continuing along Webster Woods Lane N 06-38' -50" W, a distance of fifty feet (50.00') to a point: Thence; In a Northwesterly direction along a curve with a radius of one hundred seventy-five feet (175.00') a length of seventy-six and fifty-two hundredths feet (76.52) to a point: Thence; Continuing on Webster Woods Lane N 31-42'-06" W, a distance of three hundred twenty feet (320.00') to a point: Thence; In a Northwesterly direction along a curve with a radius of two hundred twenty-five feet (225.00') a length of one hundred twelve and seventy-one hundredths feet (112.71') to a point: Thence; Continuing on Webster Woods Lane N 03-00'-01" W, a distance of one hundred ninety-five and seventy-six hundredths feet (195.76') to a point: Thence; In a Northwesterly direction, along a curve with a radius of thirty feet (30.00') a length of twenty-seven and forty hundredths feet (27.40')to a reverse curve with a radius of sixty feet (60.00') length of two hundred ninety-eight and ten hundredths feet(298.10') to a reverse curve with a radius of thirty feet (30.00') a length of twenty-seven and forty hundredths (27.40') to a point: Thence; Continuing on Webster Woods Lane 803-00'01" E, a distance of one hundred ninety-five and seventy- six hundredths feet (195.76)to a point: Thence; (At 256\44166\A0062788.1} 2 In a southeasterly direction along a curve with a radius of two hundred seventy-five feet (275.00') a length of eighty-three and forty-three hundredths feet (83.43') to a point: Thence; 828-53'-30" E, a distance of one hundred nine and eleven hundredths feet (109.11 ) to a point: Thence; Continuing on Webster Woods Lane 8 31-42' -06"E, a length of two hundred sixty-five feet (265.00') to a point: Thence; Continuing in a southwesterly direction along a curve with a radius of one hundred twenty-five feet(125.00') a length of fifty-four and sixty-six hundredths feet(54.66') to a point: Thence; Continuing along Webster Woods Lane S 06-38'50" E, a length of fifty feet(50.00') to a point: Thence; In a Southeasterly direction along a curve with a radius of one hundred seventy- five feet (175.00') length of one hundred three and eighty-five hundredths feet ( 103.85') to a . point: Thence; Continuing along Webster Woods Lane S 40-38'-50" E, a length of sixty-five feet (65.00') to a point: Thence; In a southwesterly direction along a curve with a radius of one hundred twenty- five feet (125.00') length of two hundred thirty-seven and eighty hundredths feet(237.80') to a point: Thence; along Webster Woods Lane S 68-21' -10" W, a distance of four hundred twenty feet (420.00') to a point: Thence; In a northwesterly direction along a curve with a radius of one hundred twenty- five feet (125.00') with a length of eighty- four and fifty four hundredths feet(84.54') to a point: Thence; Continuing along Webster Woods Lane N 72-53' -50" W, a distance of one hundred fifty-six feet (156.00) to a point: Thence; In a northwesterly direction along a curve with a radius of one hundred fifty- feet (150.00') a length of two hundred thirty-five and sixty-two hundredths feet (235.62') to a point: Thence; along Webster Woods Lane N 17-06' -I 0" E, a distance of eighty- two and fifty hundredths feet (82.50')to a point: Thence; In a northwesterly direction along a curve with a radius of one hundred seventy- five. (175.001) feet length of one hundred seventy- four and ten hundredths feet(174.10') to a point: Thence; Continuing along Webster Woods Lane N 39-53' -50" W, a distance of one hundred ten feet(110.001) to a point: Thence; along Webster Woods Lane N 39-53'-50" W, a distance of thirty- four feet (34.00') to a point: Thence; In a Northeasterly direction along a curve with a radius of two hundred feet (200.00') a length of two hundred thirty-three and eight-seven hundredths feet(233.87') to a point: Thence; Continuing along Webster Woods Lane N 27-06'-10" E, a distance of one hundred twenty four feet(124.00') to a point: Thence; In a northwesterly direction along a curve with a radius of one hundred seventy-five feet (175.00') length of ninety-nine and twenty- seven hundredths feet(99.27') to a point: Thence; along Webster Woods Lane N 05-23'-50" W, a distance of ninety-two feet (92.00') to a point: Thence; In a Northwesterly direction along a curve with a radius of two hundred thirty-five feet(235.00') a length of one hundred sixty-eight and sixteen hundredths feet (168.16')to a point: Thence; In a Northeasterly direction along a reverse curve with a radius of one hundred twenty-five feet (125.00') length of one hundred-one and twenty-two hundredths feet(101.22') to a point: Thence; Continuing along Webster Woods Lane N 00-00'00" E three hundred-three and thirteen hundredths feet(303.13') to the point of beginning. (A1256\44166\AO062788,1) 3 Meaning to describe Webster Woods Lane as shown on a Plan entitled "Street Layout Plan Webster Woods Lane, Campbell Forest,North Andover, Massachusetts Prepared by S.E Cummings and Associates, Inc. Dated July 28,2003." 2. Avery Park Drive: that certain parcel commonly known as Avery Park Drive and being shown as Donna Drive on a plan entitled, "Definitive Subdivision Plan of Land in North Andover, Mass." dated December 4, 1991 and revised March 12, 1992, prepared for TDJ Development Corp., 40 Lowell Road, Salem, NH 03079, and prepared by Andover Consultants, Inc., 1 East River Place, Methuen, MA 01844, which plan is recorded with the Essex North District Registry of Deeds as Plan Number 12784, and which property is further shown as Avery Park Drive on that certain Plan entitled, "Street Layout Plan Webster Woods Lane" dated July 28, 2003 and revised , 2004, prepared for Campbell Forest, LLC, 100 Andover Bypass — Suite 300, North Andover, MA 01845, and prepared by S.E. Cummings Assoc. Inc., P.O. Box 1337, Plaistow, NH 03865, which plan is recorded with the Essex North District Registry of Deeds as Plan Number and which property is bounded and described on said layout plan as follows: Beginning on a bound on the south side of Avery Park Drive and the eastside of Webster Woods Lane: Thence; Along Avery Park Drive, in a Northeasterly direction along a curve with a radius of thirty feet (30.00') length of forty- seven and twelve hundredths feet(47.12')to a point: Thence; Continuing along Avery Park Drive N 50-06-10" E, thirty-five feet (35.00')to a point: Thence; In a Northwesterly direction along a curve with a radius of one hundred seventy-five feet (175.00) length of seventy-six and thirty-six hundredths feet(76.36) to a point: Thence;N 25- 06-10" E, a length of seventy-four and eighty-eight hundredths feet (74.88') to a point: Thence; In a Northeasterly direction along a curve with a radius of one hundred twenty-five feet(125.00) with a length of one hundred five and seventy-six hundredths feet (105.76') to a point: Thence; Continuing along Avery Park Drive N 73-34' -53" E, a length of two hundred fifty and ninety- five hundredths feet(250.95')to a point: Thence; In a Northeasterly direction along a curve with a radius of two hundred sixty-five feet(265.00') a length of seventy and sixty-nine hundredths feet(70.69') to a reverse curve with a radius of thirty feet(30.00') a length of forty-seven and twelve hundredths feet (47.12) to a point: Thence, Continuing along Webster Woods Lane N 28-53' -30" W, a length of one hundred nine and eleven hundredths feet (109.11') to a point: Thence; Along Avery Park Drive in a Southwesterly direction on a curve with a radius of thirty-six and five hundredths feet(36.05') a length of forty-nine and fifty- one hundredths feet (49.5 P) to compound curve with a radius of two hundred-fifteen feet(215.00') a length of fifty-seven and thirty- five feet (57.35') to a point: Thence; Continuing along Avery Park Drive S 73-34' -53" W, a length of two hundred fifty and ninety- five hundredths feet(250.95)to a point: Thence; In a Southwesterly direction along a curve with a radius of one hundred seventy-five feet (175.00') a length of one hundred forty- eight and seven hundredths feet (148.07' to a point: Thence; Continuing along Avery Park Drive S 25-06'-10" W, a length of seventy-four and eighty-eight hundredths feet (74.88') to a point: Thence; {A1256\44166\A0062788.1} 4 In a Southwesterly direction along a curve with a radius of one hundred twenty-five feet (125.00') a length of fifty-four and fifty-four hundredths feet (54.54') to a point: Thence; 3. Stonewedge Circle: that certain parcel commonly known as Stonewedge Circle and being shown as Stonewedge Circle on a plan entitled, "Definitive Residential Subdivision Stonewedge Circle North Andover, Massachusetts" dated September 28, 1999, prepared for Campbell Forest, LLC, 231 Sutton Street, Suite 2F, North Andover, MA 01845, and prepared by Engineering Alliance, Inc., 1 East River Place, Methuen, MA 01844, which plan is recorded with the Essex North District Registry of Deeds as Plan Number 13712, and as further shown on that certain Plan entitled, "Stonewedge Circle Street Layout Plan" dated October 30, 2003 and revised , 2004, prepared for Campbell Forest LLC, 100 Andover Bypass — Suite 300, North Andover, MA 01845, and prepared by S.E. Cummings Assoc. Inc., P.O. Box 1337, Plaistow, NH 03865, which plan is recorded with the Essex North District Registry of Deeds as Plan Number , and which property is bounded and described on said layout plan as follows: Beginning at a bound on the northerly corner of Stonewedge Circle and the westerly side of Webster Woods Lane: Thence; Along Stonewedge Circle in a southerly direction along a curve with a radius of thirty feet (30.00') and an are length of forty and twenty-nine hundredths feet (40.29')to a point: Thence, Along a reverse curve with a radius of one hundred seventy-five feet (175.00') and an are length of ninety-one and forty-six hundredths feet (91.46) to a point: Thence; S 67-00'-00" W, Seventy-five and twenty-nine hundredths feet(75.29') to point: Thence; In a Southwesterly direction along a curve with a radius of one hundred seventy-five feet(175.00') and an arc length of eighty-two and eighty hundredths feet( 82.80') to a point: Thence; S 39-53' -25" W, Fifty-nine and fifty-six hundredths feet(59.56')to a point: Thence; In a Southwesterly direction along a curve with a radius of thirty feet (30.00') and an arc length of twenty-seven and forty hundredths feet (27.40') to a point; Thence, Along reverse curve with a radius of sixty feet (60.00'), and an arc length of two hundred ninety- eight and ten hundredths feet(298.10') to a point: Thence; In a Northeasterly direction along a reverse curve with a radius of thirty feet (30.00') and an arc length of twenty-seven and forty hundredths feet (27.40') to a point: Thence; N 39-53' -25" E, Fifty-nine and fifty-six hundredths feet(59.56')to a point: Thence; In a northeasterly direction along a curve with a radius of one hundred twenty-five feet (125.00') and an are length of fifty-nine and fourteen hundredths feet (59.14') to a point: Thence, N 67-00'00" E, Seventy-five and twenty-nine feet(75.29') to a point: Thence; In a northeasterly direction along a curve with a radius of one hundred twenty-five feet(125.00') and an are length of sixty-one and two hundredths feet (61.02)to a point: Thence; along a compound curve with a radius of thirty feet (30.00') a length of forty-three and eleven hundredths feet (43.11')to a point: Thence; Continuing along Webster Woods Lane N 08-3849"E, a length of ninety-eight and thirty one hundredths feet(98.31') to the point of beginning. Meaning to describe Stonewedge Circle as shown on a Plan entitled" Stonewedge Circle Street Layout Plan, Campbell Forest, North Andover, Massachusetts Prepared by S.E. Cummings Associates, Inc. Dated October 30,2003". {A1256\44166\A0062788.1} 5 For title reference, see deed of T.D.J. Development Corporation to Campbell Forest, LLC dated June 5, 1997 and recorded with Essex North District Registry of Deeds at Book 4770, Page 95. The foregoing conveyance of said premises is made subject to existing utility easements ofrecord. This conveyance is being made in the usual course of business of the company and does not represent a sale of all or substantially all of the Massachusetts assets of the Grantor company. Witness our hand and seal this day of ) 2004. CAMPBELL FOREST, LLC. By: Witness Anthony Mesiti, Manager COMMONWEALTH OF MASSACHUSETTS Essex, ss. On this day of , 2004, before me, the undersigned notary public,personally appeared Anthony Mesiti in his capacity as Manager of Campbell Forest, LLC, proved to me through satisfactory evidence of identification, which were , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public My Commission Expires: (A1256\44166\A0062788.1) 6 QUITCLAIM DEED Campbell Forest, LLC ("Grantor"), a Massachusetts limited liability company with an address of 100 Andover By Pass, Suite 300,North Andover, Massachusetts, In consideration of fewer than one hundred dollars, grants to the Inhabitants of the Town of North Andover, a Massachusetts municipal corporation ("Grantee") with quitclaim covenants the fee in that certain parcel of land in North Andover, Essex County, Massachusetts described below: Pro ert Parcel situated at the easterly intersection of Webster Woods Lane and Avery Park Drive in North Andover,MA 01845; being that certain parcel of land situated in North Andover, Essex County, Massachusetts, being shown and identified as "Right of Way `A' to be conveyed to the Town of North Andover", on a plan entitled, "Definitive Subdivision Plan of Land in North Andover, Mass." dated December 4, 1991 and revised March 12, 1992, prepared for TDJ Development Corp., 40 Lowell Road, Salem, NH 03079, and prepared by Andover Consultants, Inc., 1 East River Place, Methuen, MA 01844, which plan is recorded with the Essex North District Registry of Deeds as Plan Number 12784, and as also further shown on a plan entitled, "Plan of Land, Tax Map 108-A Lots 17-A and 17-B, Webster Woods Lane,North Andover, Massachusetts" dated September 21, 2001, prepared for Campbell Forest, LLC, and prepared by S.E. Cummings Assoc. Inc., which plan is recorded with the Essex North District Registry of Deeds as Plan Number 14120, and which property is bounded and described on said plans as follows: Beginning at a point on the easterly sideline of Webster Woods Lane to the east of Avery Park Drive and at the northwest corner of the within described parcel; Thence in a southerly direction along the easterly sideline of said Webster Woods Lane along a curve to the left with a radius of two hundred twenty five feet (225') a length of sixty three and forty hundreths feet(63.40') to a point; Thence continuing in a southerly direction along the easterly sideline of said Webster Woods Lane S31°42'06"E fifty five and sixty nine hundredths feet (55.69') to a point at the intersection of Lot 16, said point being the southwest corner of the within described parcel; Thence in an easterly direction along the northerly sideline of Lot 16, along a curve to the right with a radius of thirty feet (30') a length of forty seven and fifty hundreths feet (47.50') to a point; Thence continuing in an easterly direction along the northerly sideline of Lot 16 N59000'.59"E seventy eight and nine hundredths feet (78.09') to a point; Thence continuing in an easterly direction along the northerly sideline of Lot 16 along a curve to the right with a radius of one hundred twenty five feet(125') a length of forty six and thirty one hundreths feet (46.3l')to a point; {Al 256\44166\A0062796.1 1 Thence continuing in an easterly direction along the northerly sideline of Lot 16 N80°14'31"E two hundred sixty nine and thirty nine hundredths feet(269.39') to a point at the intersection with land now or formerly of Mary V. Lachapelle, said point being the southeast corner of the within described parcel; Thence in a northerly direction along the westerly sideline of land now or formerly of Mary V. Lachapelle, N07°45'50"W twelve and eight hundredths feet(12.08')to a point; Thence continuing in a northerly direction along the westerly sideline of land now or formerly of Mary V. Lachapelle N07°26'20"W thirty seven and ninety six hundredths feet (37.96') to a point at the intersection with land known as Lot 17-A(formerly Lot 17), said point being the northeast corner of the within described parcel; Thence in a westerly direction along the southerly sideline of said Lot 17-A, S80°14'31"W one hundred fifty feet(150.00') to a point at the intersection with land known as Lot 18; Thence continuing in a westerly direction along the southerly sideline of said Lot 18, S80°14'31"W one hundred twenty one and thirty four hundreths feet (121.34') to a point; Thence continuing in a westerly direction along the southerly sideline of said Lot 18 along a curve to the left with a radius of one hundred seventy five feet (175') a length of sixty four and eighty three hundredths feet (64.83') to a point; Thence continuing in a westerly direction along the southerly sideline of said Lot 18, S59°00'59"W one seventy one and seventy eight hundredths feet (71.78') to a point; Thence continuing in a westerly direction along the southerly sideline of said Lot 18 along a curve to the right with a radius of thirty feet (30') a length of fifty five and twenty hundredths feet (55.20') to the point of beginning. The conveyance of the within property is made subject to the access rights of the owner of Lot 17A, formerly known as Lot 17, and is made subject to and with the benefit of that certain Covenant recorded at Book 6628,Page 277 of the Essex Northern District Registry of Deeds. The conveyance of said premises do not represent all or substantially all of the assets of the Grantor company located within the Commonwealth of Massachusetts. Witness our hand and seal this day of , 2004. CAMPBELL FOREST, LLC By: Witness Anthony Mesiti,Manager {A 1256W4166\A0062796.1} COMMONWEALTH OF MASSACHUSETTS Essex, ss. On this—day of ,2004, before me,the undersigned notary public,personally appeared Anthony Mesiti in his capacity as Manager of Campbell Forest, LLC, proved to me through satisfactory evidence of identification,which were , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public My Commission Expires: The Town of North Andover hereby accepts the foregoing conveyance: The Town of North Andover By: Its Board of Selectman By: By: By: By: By: COMMONWEALTH OF MASSACHUSETTS On this day of , 2004,before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification, which were , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public My commission expires: (A1256\44166\A0062796.1) COMMONWEALTH OF MASSACHUSETTS On this_day of , 2004, before me, the undersigned notary public,personally appeared , proved to me through satisfactory evidence of identification, which were , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public My commission expires: COMMONWEALTH OF MASSACHUSETTS On this_day of , 2004, before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification, which were , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public My commission expires: COMMONWEALTH OF MASSACHUSETTS On this day of , 2004, before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification, which were , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public My commission expires: COMMONWEALTH OF MASSACHUSETTS On this—day of , 2004,before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification, which were to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public My commission expires: {A 1256\44166\A0062796.1}