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HomeMy WebLinkAboutMUSKABBY REALTY TRUST f1Nicely AS I-69A0 -06, 00w mvJAN 19 2 PM `� .�.e ,&W�, � : 01&4c5- January 15, 1988 Mr. Paul Hedstrom Chairman Planning Board 120 Main Street '• North Andover, Mass. 01845 Re: Kara Drive Bond Release Request Dear Mr. Hedstrom: I hereby request reduction of bond held on Kara Drive, Account No. 1249-95459, Bank of Boston, $94,000.00. As demonstrated by the enclosures, all work has been satisfactorily completed on the sub- division with the exception of plantings required by Mr. Lafond, Tree Warden, and the exceptions noted by Mr. Cyr. Thank you for your consideration of this matter. Sincerely, MUSKABBY REMTRUST osepn L. Fl rustee JLF:nf Encs. (7) RECEIVED �D�N Gt ERK, DESIGN ENGINEERING, INC. NDaTNpNpOVER P 0. BOX 5.1.6 NORTH ANDOVER, MASS. 01845 Ja++ 19 . 234191" January 15, 1988 Mr. Paul Hedstrom Chairman Planning Board 120 Main Street North Andover, Mass. 01845 Re: Kara Drive Bond Release Determination Dear Mr', Hedstrom: As design engineer, Mr. Joseph L. Flynn, Trustee, Muskabby Realty Trust, has requested that I review certain documents re- garding the referenced subdivision bond release. Specifically the documents -that I have reviewed are: 1 . Definitive Approval by North Andover Planning Board dated November 215 1983. 2. Certificate of Compliance (DEQE) dated September 6. 1985. 3. Certificate of Compliance (NACC) dated June 24, 1987. 4. Letter by Daniel L. Johnson, RLS, dated September 95 1987. 5 . Letter from North Andover Division of Public Works dated October 13, 1987. b. Letter from North Andover Division of Public Works dated October 199 1987. 7. Letter from North Andover Division of Public Works dated October 28, 1987. In reviewing the Order of Conditions for Approval (Enc . #i ) and comparing those conditions to the final revised plans and the three letters from the Division of Public Works (Encs. #5, #6 and #7) I have found that the majority of the conditions have been met and that the retained bond amount recommended by Mr. Cyr should adequately insure final completion of the sub- division . Please note that neither the Order of Conditions nor the rules and regulations governing the development at the time require submission of an "as-built" . The bounds are in place. They demonstrate that the horizontal road alignment is reasonably correct and their accuracy has been attested by the surveyor who placed them (Enc. #4) . Mr". Cyr and Nr. Hmurciak of the Public Works Division have inspected slope grading, drainage, road construction and sewer and water construction respectively throughout development. Their- letters indicate that those phases were completed satisfactorily. The two Certificates of Compliance (Encs. #2 and #3) state the same regarding the off-site detention. Please contact me should questions arise concerning this matter. Thank you for your indulgence. Sincerely, DESIGN ENGINEERING, INC. r Y, Alf ed A. Shaboo, President FORM C APPLICATION FOR APPROVAL OF DEFINITIVE FLAN M ;V Li �Ef� August 18 To the Planning Board of the Tows of North Andover: The undersiBneds being the applicant as defined under Chapter 41* Section M49 for approval of a proposed subdivision shown an a plan entitled Kara Drive (previousIX tUlls Hill Estates) by Flymn Assoc.. P.C.. Andover CWsu tarts Inc. �„ dated .itme8. 1983 being land bounded as follows: On North by land N/F Consoli. N/F Barbera.-Lisa Lane, an East by land N/F Giard. on South N/F Sullivan. N/F Flyrnm. N/F Rea. on West by land N F Carter and Agler. hereby subsite said plan as a DEFIlarM plan in acc6rdanos with tIn Rules and Regulations of the North Andover Planning Board and crakes applications to the Board for approval of said plan. Title References North Essex Deeds, Book 1479�t Page 240; or Certificate of Title No. t Registration Book . page.; or Other: Said plan has(x) has not( ) evolved from a preliminary plan submitted to the Board of 4 19U. and approved (with modifications) (x) disapproved ( on November 1 L t 19 U * *The undersigned hereby applies for the approval of said DEFINITIVB Flags 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 DEMEMM 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 wall as zoning by-laws of said Town* as are applicable to the installations of utilities within the limits of ways and streets; 2. To complete and construct the streets or ways and other improvements am= thereon in accordance with Sections Iv and V of the Rules and Regulations of the Planning Board and the approved Dffi'II+n VE plant profiles and cross sections of the same. Said plant profiles* cross sections and construction specifications are specifical.lyt by references incorporated herein and made a part of this applications. This application and the covenants and agree- ments herein shall,be binding upon all heist exacatorst 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. Received by Tawe Clerk: Trustee) Date: Iguature of'-Applicant I'lusMabby Realty Trust Times c/o John A�_s, Jr. a=` 375 Common Street, Lawrence, Mass4,01840 Signature: Address � r FORM D DESIGNER 'S CERTIFICATE Aug-ust 18, , 1983 TO THE PLANNING BOARD OF THE TOWN OF NORTH ANDOVER: In preparing the plan entitled Definitive Plans "Kara Drive" I hereby certify that the above named plan and accompanying data is true and correct to the accuracy required by the current Rules and Regulations Governing the Subdivision of Land in North Andover, Massachusetts , and my source of information about the location of boundaries shown on said plan were one or more of the following : 1 . Deed from Douglas E. and Ruth A. Wilson to Dewi Realty Trust dated ,SQtMbgr 30, 1980 and recorded in the Forth Essex Registry in Book 1479 Page 240 2 . Other plans , as follows See Sheet 1 of 11, Def intive Plans Construction, Lynn Assoc P.C. 3. Oral information furnished by Douglas E. Wilson and Joseph Giard 4 . Actual measurement on the ground from a starting point established by a closed field traverse tied into monuments on Lisa Lane and drill holes found on the property. 5 . Other Sources Proarty survey, by Andover Consultants-Inc., 213 Broadway. Methuen Mass 01844 Signed (Seal of Engineer or ( Registered Professional Engineer or Surveyor) Registered Land Surveyor) Alfred A. Shaboo, P.E. Flynn Assoc P.C. P. 0. Box 569 Plaistow, New Hampshire 03865_ yyg Address FORM E CERTIFIED LIST OF ABUTTERS AiMaSt 18 , 19 83 TO THE PLANNING BOARD OF THE TOWN OF NORTH ANDOVER: The undersigned , being an applicant for approval of a Definitive Plan of a proposed subdivision entitled ,ra TM-ive submits the following sketch of the land in the subdivision listing the names of the adjoining owners in their relative positions and indicating the address of each abutter on the sketch or in a separate list , in- cluding owners of land separated from the s bdivision only by a street . stee na are of App i ant kabby Realty Trust c o John AT James Jr. Address 375 Common Street Lawrence Mass. 01840 1 191 TO THE PLANNING BOARD OF THE TOWN OF NORTH ANDOVER, This is to certify that at the time of the last assessment for taxator made by the Town of North Andover, the names and addresses of the parti assessed as adjoining owners to the parcel of land shown above were as above written, except as follows ' Assessor FORM E CERTIFIED LIST OF ABU'IZERS Mr. & Mrs. George Richards Mr. & Mrs. John Damon 393 Johnson Street 402 Johnson Street Mr. & Mrs. Lenley Henshaw Mr. & Mrs. Douglas Roeck 405 Johnson Street 415 Johnson Street Mr. & Mrs. Joseph Giard Mr. & Mrs. Stanley Szczesny 419 Johnson Street 425 Johnson Street Mr. & Mrs. Charles Perocchi Mr. & Mrs. William Kilcoyne 428 Johnson Street 431 Johnson Street Ms Pauline & Ms. Marie Greco Mr. & Mrs. Anthony Caruso 1; 432 Johnson Street 27 Lisa Lane Mr. & Mrs. David Farm , Mr. & Mrs. Dana Kingsley 20 Lisa Lane 43 Lisa Lane Mr. & Mrs. John Gaffny Mr. & Mrs. William Fyfe 32 Lisa Lane A 52 Lisa lane Mr. & Mrs. Richard Bowman "Mr. & Mrs. A. Courtney Longton 44 Lisa Lane 72 Lisa Lane Mr. & Mrs. Stephen Whitaker -,Mr. & Mrs. Domenick Mangano, Jr. 62 Lisa Lane 82 Lisa Lane Mr, & Mrs. John Cadarette Ms. Patricia Barbera 81 Lisa Lane 92 Lisa Lane Mr. & Mrs. John Coady - -Mr. & Mrs. Douglas E. Wilson 89 Lisa Lane 130 Lisa Lane v Mr. Rosario Consoli ,x-Dr. & Mrs. Vincent Savukinas 112 Lisa Lane 41 Mark Road Mr. & Mrs. George Fitzpatrick, Jr. Mr. & Mrs. Joseph Flynn 44 Mark Road 50 Jay Road Mr. & Mrs. Philip Sullivan Mr. Gilbert Rea 66 Jay Road 44 Rea Street Mr'. & Mrs. Michael Austin Messrs. John Carter & Raymond Agler 5 Sandra Lane 300 Chestnut Street Mr. John L. Fox Mr. & Mrs. William L. Gale 42 Jay Road 30 Jay Road Mr. & Mrs. Leo A. Martin Mr. & Mrs. William P. Woodcock 142 Rae Street 130 Rae Street Mr. & Mrs. Lester E. Young 114 Rae Street FLYNN SSOC. P. C. CIVIL, SANITARY and CONSTRUCTION ENGINEERS P.O. Box 569 Plaistow, New Hampshire 03865 Tel. (617)686-3559 August 18, 1983 Abutters and Interested Parties Re: Kara Drive Recently, this office submitted to the North Andover Planning Board, Definitive Plans for a twenty-five lot subdivision in your area. The Board, in conjunction with several other Town agencies , will review these plans, dis- cuss them at open hearings and eventually render a decision concerning their adequacy. Please contact me should you wish to review the plans or the project. I can be reached by telephoning the number shown above during normal working hours, or by writing to the address shown above. Thank you for your indulgence. Sincerely , FLYNN ASSOC. P.C. Alfred A:_ Shaboo, P.E, President AAS :nf FORM I COVENANT August 18,, 19 83 North. Andover ,Massachusetts KNOW ALL MEN by these presents that the undersigned has submitted an appl i cation dated August 18; 1983 to the North Andover P1 a n n i ng Board for approval of a Definitive Plan of a su division of land entitled : Kara Drive , plan by : Andover Cawltata tsts 1m. and F1 n Assoc.: P.C. , dated: June 8, 1983 , and owned y : Dewi Realty Trust , address :130 Lisa Lane [forth Andover, Mass. 01845 , land located :o f Lisa Lane North Andover Mass. , a n d showing 26 proposed lots . The undersigned has requested the Planning Board to approve such plan without requiring a performance bond . IN CONSIDERATION of said Planning Board of North Ando_v—e-r in the county of Essex approving said plan without requiring a performance bond , the undersigned hereby covenants and agrees with the inhabitants of the town as follows : 1 . That the undersigned is the owner* in fee simple absolute of all the land included in the subdivision and that there are no mortgages of record or otherwise on any of the land , except for those described below , and that the present holders of said mortgages have assented to this contract • prior to its execution by the undersigned . * If there is more than one owner, all must sign . "Applicant " may be an owner or his agent or representative , or his assigns , but the owner of record must sign the covenant . 2 . That the undersigned will not sell or convey any lot in the subdi - vision or erect or place any permanent building on any lot until the construction of ways and installation of municipal services necessary to adequately serve such lot has been completed in actor- dance with the covenants , conditions , agreements , terms and provisions as specified in the following : a . The Application for Approroval of Definitive Plan ( Form C) . b . The Subdivision Control Law and the Planning Board ' s Rules and Regulations governing this subdivision . c . The Certificate of Approval and the conditions of approval spe- cified therein , issued by the Planning Board , dated d. The Definitive Plan as approved and as qualified by the Certi - ficate of Approval . m l e . Other documentbe specifying construction t• a c• reted , n ameIy , Definitive Study prepared by Flynn Assoc. P.C. ( Page 1 of 3) However , a mortgagee who acquires title to the mortgaged premises by foreclosure or otherwise and any succeedi,nr owner of the mortgaged premises or part thereof may sell or convey any lot , subject only to that portion of this covenant which provides that no Tot be sold or conveyed or shall be built upon until ways and services have been provided to serve such lot . 3 . That this covenant shall be binding upon the executors , adminis - trators , devisees , heirs , successors and assigns of the undersigned and shall constitute 'a covenant running with the land included in the subdivision and shall operate as restrictions upon the land . 4. That particular lots within' the subdivision shall be released from the foregoing conditions upon the recording of a certificate of performance executed by a majority of the Planning Board and enum eratina the specific lots to be released . 5. That nothing herein shall be deemed to prohibit a conveyance by a single deed subject to this covenant , of either the entire parcel of land shown on the subdivision plan or of all lots not previously released by the PianninQ Board. 6. That the undersigned agrees to record this covenant with the North Essex County Registry of Deeds , forthwith, or to pay the necessary recording fees to the said Planning Board in the event the Planning Board shall record this agreement forthwith . Reference to this covenant shall be entered upon the Definitive Subdivision Plan as approved . 7 . A. deed or any part of the subdivision in violation of the covenant shall be voidable by the arante-e- prior to the release of the cov enant : but not later than three ( 3) years from the date of such deed , as provided in Section 81 -U, Chapter 41 , M . G . L . 3. That this covenant shall be executed before endorsement of approval of the definitive plan by the Planning Board and shall , take effect upon the endorsement of approval . 9 . Upon final completion of the construction of ways and installation of municipal services as specified herein , on or before two years from this date the Planning Board shall release this covenant by an appropriate instrument , duly acknowledged . Failure to complete con - struction and installation within the time specified herein or such later date as may be specified by vote of the Planning Board with a written concurrence of the applicant, shall result in automatic rescission of the approval of the plan . Upon performance of this covenant with respect to any lot , the Planning Board may release such lot from this covenant by an appropriate instrument duly recorde 10 . Nothing herein shall prohibit the applicant from varying the method of securing the construction of ways and installation of municipal by services from time to time or from i securing by one , n in part CCh one and in part by another of the methods described n M . G . L . , apte 41 , Section 81-U , as long as such security is sufficient in the opinion of the Planning Board to secure performance of the con- struction and installation . ( Pape 2 of 3) For ti tie to the property , see deed from Douglas E and Ruth A Wilson dated Sept. 30, 1980 , recorded in North Essex Registry of Deeds , Book 1479 , Page 240 or registered in Land Registry as Document r4o . , and noted on certificate of title No . in Registration BooTc-- Page The present holder of a mortgage upon the property is of The mortgage is dated and recorded in Registry of Deeds , Book , Page or registered in Land Registry as Document No . and noted on certificate of title No . , in Registration Book Page The mortgagee agrees to hold the mortgage subject to t e covenants set forth above and agrees that the covenants shall have the same status , force and effect as though executed and recorded before the taking of the mortgage and further agrees that the mortgage shall be subordinate to the above covenant . Ruth A. Wilson , spouse of the undersigned applicant hereby agrees that such interest as I . we may have in the premises shall be subject to the provisions of this covenant and insofar as is necess - ary releases all rights of tenancy by the dower or homestead and other interests therein . IN' WITNESS !4HEREOF we have hereunto set our hands and seals this Of Z: ..�, lg _ r: • yF r - � Trustee, Dewi Realty Trust Trustee, Muskabby Realty Trust Acceptance by a Majority of the Planning Board of ( Page 3 of 3) FORM S TOWN CLERK 'S CERTIFICATE OF PRELIMINARY/DEFINITIVE PLAN SUBMISSION THIS IS .TQCERTIFY THAT ON I RECEIVED FROM _Fl= Assoc. P.C. A RDEFINITIVE SUBDIVISION PLAN ENTITLED : Kara Drive TRUE COPY ATTEST: Town Clerk Page 2 of 4 nFC+�.i ,.ND LIJ *ft �}�t L z lJ f`f UryG T Order of Conditions for Approval NF�r, , ; "Kara Drive" Definitive Plan of Land CVER November 21 , 1983 NOY23 29 PM '63 3. According to the Board of Public Works letter dated October 24 , 1983: a ) Prior to sewer contruction from station 18+50 to 24+50 , fill must be placed in 6 inch lifts and compacted with a vibratory compactor; b ) An additional gate valve will be required at stations 2+10 and 18+50 . 4 . In accordance with the Tree Warden ' s letter dated October 18 , 1983 : a ) All street trees shall conform to the Tree Warden ' s specifications ; b ) A $8 ,800 . 00 bond shall be posted to ensure condition 4a . 5 . In accordance with the Highway Surveyors recommendations dated October 24 , 1983; a ) An 18 inch pipe shail be installed on Rea Street where the (present old stone drain exists ; The town shall obtain clearance b ) Roau appropriate boards and abutters where necessary. pavement width shall be increased 3 feet in all areas where Cape Cod berm is installed . To be determined in the field . c) Any drainage from cellars or lot development shall not be emptied into the street. It shall be tied into the planned drainage with plans submitted to the Hhlghway Department . 6 . The applicant shall comply with the Conservation Commission ' s Order of Conditions dated October 13 , 1983, D . E . Q. E . File No . 242-211 . And7or supers eding order of conditions from D. E . Q . E . . 7 . A certificate of Compliance shall be obtained from the Conservation Commission for the completion of the detention area . 8 . A siltation and erosion control plan shall be submitted to the Planning Board for their review and approval , and shall be put into place prior to construction of any kind cn or off-site of the subdivision. The Planning Board shall have the option of requesting a performance bond to ensure that all appropriate erosion control measures are in affect . Note : This shall be noted on the plan and covenant to be recorded . 9 . The following easement information shall be incorporated and submitted for review with the final definitive :plans : a ) An easement for drainage along Lot #15 ; this pipe in easement and easement on said lot shall be shifted toward Kara Drive . b ) An off-site easement plans for the Giard and Flynn properties shall be submitted to the Planning Board . Page 3 of 4 FE,.A�,, �4t�wL .CNG Order of Conditions for Approval j� " Kara Drive " Definitive Plan of Land , t.)(iy 8 November 21 , 1983 Nov 2 29 PM 183 c) All easements are to be described by bearings and distances , other than slope easements and so noted on plans ; d) All slope easements are to remain on the plans as submitted. Final easements actually taken shall be determined by the Planning Board and Highway Surveyor after construction ; e ) All easements on and off-site shall be described on the definitive plan as "utilities/access -egress" easements and submitted in recordable form deeded to the Town of North Andover, 10. The velocities in drainage pipes shall be equal to or less than 12 feet/second at a 10 year storm. 11 . 'Large stone or rip-rap shall be placed at #3 and #4 headwall at the detention area to minimize displacement ` by velocity. 12. The detention area shall be fully cleaned and prepared to include the following for transfer of maintenance to the town: a ) Rake debris and sediment from the base and remove sand above the perforated pipe from the retention pond to the Flynn pro- perty line . b) Hand clean any accumulated debris from the area leading to the downstream pipe inlet . 13. The flow to catch basin rims shall be checked, if determined to be too great at a 10 year storm , more shall be added and reflected on plans , to be approved by the Planning Board. 14. The double catch basins at the low point of Kara Drive shall ensure direct flow toward the detention area. Detail and drain calculations to be submitted to the Planning Board for ppproval . 15 . On sheet 4 of 11 ( note #8 ) on' plans dated June 8 , 1983 shall read "within 50 feet layout of right-of-way" . 16 . On sheet 11 of above referenceddplan shall be corrected to note 12 feet of graded slope adjacent to road without berm and 10 .5 feet with berm . 17 . A notation shall be placed on the cover sheet of the definitive plan regarding referencing the covenant and Town Clerk signature stamp. block . 18. The applicant/developer/owner shall be aware of the fact that approval of Kara Drive subdivision under the Planning Board Rules and Regulations will not relieve said parties from the responsibility to other property upon whose land is adversely affected by indirect or direct stormwater discharge . Page 4 of 4 Order of Conditions for Approval RE'n-tyr. " Kaira Drive " Definitive Plan of Land Dk IFL vNG November 21 , 1983 l'C crK NORr„ , :y i;WER NOV 23 2 29 PH 183 19. All improvements in said subdivision shall be completed no later than two (2 ) years from the commencement date of construction and approval of security agreement . 20 . Manholes at angle points are approved. All other manhole locations are subject to prior written approval of Planning Board and Highway Surveyor. 0 0 Notice to APPLICANT/TOWN CLERK and Certification cpf Act�ou of Plamd ag Board on Definitive Subdivision Plan entitled: ara r1ve By: Flynn Assoc . , P .C . , Andover Cons- dated June 8, 1q 83 r The North Andover Planning Board has voted to APPROVE said plant subject to the Following conditions: 1. That the record owners of the subject land forthwith execute and record a "covenant running with the land", or otherwise provide security for the con- struction of ways and the installation of municipal services within said sub- division, all as provided by G.L. c. 419 S. 81-U. 2. That all such construction and installations shall all rests conform to theove rv]a and re anon of tthis Boardd n y changes- t o t h e a pr ved pIa?i by�ie appslicant�own �oard or agency shall be submitted t�i t�iePlanning Bpar,,d, %1,a,QprQvol; b_,t�ie_ $ppl '�capt Qripi to s Nei the pr&er impleme.ptation in the field . In the event that no appeal shall have been taken from said approval within twenty days from this datel the North Andover Planning Board will forthwith thereafter endorse its formal approval upon said plan. e CM�4 �e i u C> t an X ? z NORTH ANDOVER PLANNIM BOARD Bate: November 21 , 1983 By. Paul A . Hedstrom , Chairman Page 1 of 4 FORK C APPLICATION FOR APPROVAL OF DEFINITIVE PLAN August 18, , 19 U _ To the Planning Board of the Tom of North Andover: The undereignedg being the applicant as defined under Chapter 419 Section 81-L, for approval of a proposed subdivision shown on a plan entitled Kara Drive (Previously Mills Hill Estates) by Flym Assoc., P.C.. ?ndwer Cmaltants im. dated June 8. 1983 being land bounded as follows: On North by land N/F Consoli, N/F Barbera, Lisa Lane, on East by land N/F Giard, on South by landN/F�ulliean. N/F Flynn. N/F Rea. on West bv land N F Carter and le . 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 1479 , Page 240 ;_ or. . Certificate of Title No. , Registration Book...t pap.* or Other: Said plan has(x) has not( ) evolved from a pry plan submitted to the Board of June 4• 19 82 and approved (with modifications) (x) disapproved ( ) on November 17, , 1982 '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 Tom 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 Surreyor, the Board of Health, and all general an well as zoning byw-}laws of said Torvnf, as are applicable ,n c l ed�.nsgta�tiorequire d c a bee o b epi n s ale cr b y ways and streets; Continental Cablevision . 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. Received by Tow �] lr Q� ZZ d3� Trustee) Dates r n�a pplicant -Mskabby Heaity Trust Time: H31,0oNv HIIJUM c/o John A. James, Jr. Signature-. Sol 131"a 375 Common Street, Lawrence, Mass. 01840 Address l f It QAtlft'a_ LAW OFFICES NQfrl .i OVER 127 TURNPIKE STREET 2 Pm #83 NORTH ANDOVER.MASSACHUSETTS 01845 VICTOR L.HATEM X617)685-3368 JOSEPH V.MAHONEY,P.C. December 12, 1983 Town Clerk North Andover, Massachusetts 01845 Dear Sir: AA : UCk D k4u >✓ Enclosed pursuant to M.G.L. Ch. 40A S. 81B is a copy of a Complaint filed in Essex Superior Court, the Defendant being the Town of North Andover Planning Board. Very truly yours, JOSEPH , P.C. v YM..smr Enclosure COMMONWEALTH OF MASSACHUSETTS ESSEXY ss. SUPERIOR COURT Civil Action No. WILLIAM P. WOODCOCKY WILLIAM L. BALE and JOHN L. FOX Plaintiffs VS. COMPLAINT (M+G+L* c+40A s+81BB) TOWN OF NORTH ANDOVER PLANNING BOARD and PAUL HEDSTROMY CHAIRMAN; JOHN J. BURKEY ERIC NITZSCHEr MICHAEL ROBERTS and JOHN A JAMES Defendants The Plaintiffs herein invoke the Provisions of M.G.L. c.41 s.81BB and represent to this Honorable Court the following*+ 1 . Plaintiff William P. Woodcock resides at 130 Res Street, North Andovery Massachusetts. 2+ Plaintiff William L. Gale resides at 30 Jaw Road, North Andover; Massachusetts. 34 Plaintiff John L. Fox resides at 42 Jaw Roads North Andover} Massachusetts. 4. The Defendants are the Town of North Andover Planning Boardr Town Hallp Main Street; North Andover; Paul Hedstrom; 30 Oakes Driver North Andover; John J. Burke; 65 Hillside Road; North Andover; Eric Nitzschey 1253 Salem Street; North Andover'; Michael Roberts; 52 South Bradford Streety North Andover; and John A. James of North Andover* 5. The above named Plaintiffs are aggrieved by the decision of the North Andover Planning Board approving a Proposed land development known as the Kara Drive Subdivision. 6. A copy of the decision is appended hereto as Exhibit RAK , F F RO-Y 7. The decision aPpea1rJ*ft=w was made bw the North Andover Planning Board on November 21P 1983Y and filed with Ili the North Andover Town Clerk on November 23Y 1983. 8. The decision was the result of a 2-1 vote of the Planning Board after Public hearing of a Plan submitted by Joseph J. Flwnny Trusteer Muskabbw Realty Trusty Publication 1 and notice having been duly given. 9. The Plaintiffs all live downhill and downstream from the Proposed Kara Drive Developments in an area notorious for its subsurface water Problems. 10# They maintain that the Planning Board failed to demand from the developer of the Proposed subdivision adeuuate and appropriate drainage informations and to consider alternatives to the Plan that was submitted to them for such drainage. ll # The Plaintiffs content that the dans as approved by the Planning Boards will result in a deleterious impact upon them: their Property and their neighborhood, 12# The Planning Board they contends thereby exceeded its authority: acted improperly: and was arbitrary and capricious in arriving at and making its decision. 134 The Planning Board's decision was not in accordance with the criteria for such as set forth by regulations by-law and statute!, in Particular violating the letter and spirit of the Commonwealth's Subdivision Control Law as expressed in M4G4L+ 0441 s481M. 14. The decision of the Planning Board was by affirmative vote of less than a majority of its memberships and thereby in violation of its own regulations. WHEREFOREP the Plaintiffs demand** 1 . A judgment of this Court that the decision of the North Andover Planning Board be annulled4 2. In the alternativep a judgment of this court ordering the Planning Board to consider alternative methods of drainage. 3. Such other judgment or decree as justice and eauitv may reauire, WILLIAM P. WOODCOCKr WILLIAM L. GALE and JOHN L# FOXY By Their Attornevp By------------------------- JOSEPH V+ MAHONEY? P+C* 127 Turnpike Street North Andover: Mass. 01845 (617) 685-3368 Dated** December 12s 1983 2 Page 1 of 4 FORK C ATTEST: APPLICATION FOR APPROVAL OF DEFINITIVE PLAN ATrue Copy Aupust 18, , 1983 MhRe Pl arming Board of the Toon of North Andover: The undersigned, being the applicant as defined under Chapter 41t Section 81-., for approval of a proposed subdivision: shown on a plan entitled Kara Drive (ireviously Mills Hill Estates) by Flywn Assoc., P.C., Anly� Qr6dtalts Irc. dated June 8. 1983 being land bounded as follows: On North by land N/F Consoli. N/F Barbera, Lisa Lane, on Fast by land N/F Giard, on South by land N/F Sullivan. N/F Flynn. N/F Rea. on West by land N/F Carter and Ader. 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 1479 , Page 240 , or.. Certificate of Title No. , Registration Book , page.; or Other: Said plan has(x) has not( ) evolved from a preliminary plan submitted to the Board of June 4 19 82 and approved (with modifications) (x) disapproved ( on November 17. ' , 1982.o '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 Andoverp 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 the generaas well as zoning by-laws of said TTowwnng as are applicable to the installationrequired c a befe t o b e bions a _T a d� by ways and streets= g Continental Cablevision . 2. To complete and con=struct 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 plent'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- meats herein shall.be binding upon all heirs, executorst administrators, successors, grantees of the whole or part of said land, and assigns GA the undersigned; and 4. .r, 3. To complete the aforesaid installations and construction Within tuo years from the date hereof. Received by T CSE Q� Z d3� ti� �� (Trustee) DaterSignature of-Applicant s Realty Trust 21.E ` ' ,� '3 c/o John A. James, Jr. Times .,,.i. Signature: 9':'Y` l31"4111 375 Cormwon Street, Lawrence, Massa 01840 - Address Notice to APPLICANTITOWN CLERK and Certification pf Acton of Planning Board on Definitive Subdivision Plan entitled: ara rive By. Flynn Assoc . , P.C . Andover Cons - dated June 8 . 19 83 The North Andover Planning Board has voted to APPROVE said plan* subject to the . following conditions: 1. That the record owners of the subject land forthwith execute and record a "covenant running with the land", or otherwise provide security for the con- struction of ways and the installation of municipal services within said sub- division, all as provided by G.L. c. 41p S. 81-U. 2. That all such construction and installations shall all res ects conform to tph ove r rule and re ation of this Board n y c h a�i g e s to t h e appr ved pTa?i by tti'e a plicant . town Uoard or agency shall be submitt to He Planning Bpardt �QC_akprQv��a..bY_t�e_�p.PolvcaHe bu"d4!ft m-ature abs"11 be W4 I or- plsa@4�a� s NO* - ve-hewn an eee's ■ �� ...? r ..+�--p=-- conse"b 06 me man ItIa implementation ip the field. i In the event that no appeal shall have been taken from said approval within twenty days from this date, the North Andover Planning Board will forthwith thereafter endorse its formal approval upon said plan. e * * * * * * eeee * � eeaeaeee * a �► eee � aea * �r * �r * * e c�,,•w ?—moi - N L� -• L _: La�a z a a NORTH ANDOVER PLANMW BDARD Date: November 21 , 1983gy. Paul A . Hedstrom., Chairman -Page .2 of 4 Order of Conditions for Approval "Kara Drive" Definitive Plan of Land November 21 , 1983 NOY23 2 29 ts3 3. According to the Board of Public Works letter dated October 24 , , 1983: a ) Prior to sewer contruction from station 18+50 to 24+50 , fill must be placed in 6 inch lifts and compacted with a vibra.tory compactor; b) An additional gate valve will be required at stations 2+10 and 18+50 . 4 . In accordance with the Tree Warden ' s letter dated October 18 , 1983 : a) All street trees shall conform to the Tree Warden' s specifications ; b ) A $8 ,800 . 00 bond shall be posted to ensure condition 4a . 5 . In accordance with the Highway Surveyors recommendations dated October 24 , 1983 ; a ) An 18 inch pipe shall be installed on Rea Street where the present old stone drain exists ; The town shall obtain clearance from appropriate boards and abutters where necessary. b ) Roau pavement width shall be increased 3 feet in all areas where Cape Cod berm is installed . To be determined in the field . ` c) Any drainage from cellars or lot development shall not be emptied into the street. !t shall be tied into the planned drainage with plans submitted to the Haghway Department . 6 . The applicant shall comply with the Conservation Commission ' s Order of Conditions dated October 13 , 1983 , D . E.Q. E . File No . 242-211 . Andzor supers eding order of conditions from D. E. Q. E . . 7% A certificate of Compliance shall be obtained from the Conservation Commission for the completion of the detention area . 8. A siltation and erosion control plan shall be submitted to the Planning Board for their review and approval , and shall be put into place prior to construction of any kind t,.n or off-site of the subdivision . The Planning Board shall have the option of requesting -a performance bond to ensure that all appropriate erosion control measures are in affect . Note : This shall be noted on the plan and covenant to be re rded . 9 . The following easement information shall be incorporated anubmitted for review with the final definitive plans ; a} An easement for drainage along Lot #15 this pipe in easement and easement on said lot shall be shifted toward Kara Drive . b) An off-site easement plans for the Giard and Flynn properties shall be submitted to the Planning Board . Page 3 of 4 !:E Order of Conditions for Approval �. � '• ;' "Kara Drive" Definitive Plan of Land November 21 , 1983 �QVC� 2 z9 PM 183 c ) All easements are to be described by bearings and distances, other than slope easements and so noted on plans ; f d) All slope easements are to remain on the plans as submitted. Final easements actually taken shall be determined by the Planning Board and Highway Surveyor after construction ; e ) All easements on and off-site shall be described on the definitive plan as "utilities/access -egress " easements and submitted in recordable form deeded to the Town of North j Andover, i 10. The velocities in drainage pipes shall be equal to or less than 12 feet/second at a 10 year storm . 11 . Large stone or rip-rap shall be placed at #3 and #4 headwall at the detention area to minimize displacement by velocity. 12 The detention area shall be fully cleaned and prepared to include the following for transfer of maintenance to the town : a ) Rake debris and sediment from the base and remove sand above the perforated pipe from the retention pond to the Flynn pro- perty line . b ) Hand clean any accumulated debris from the area leading to the downstream pipe inlet . 13. The flow to catch basin rims shall be checked , if determined to be . too great at a 10 year storm, more shall be added and reflected on plan to be approved by the Planning Board. 14. The double catch basins at the low point of Kara Drive shall ensure j direct flow toward the detention area . Detail and drain calculations ti submitted to the Planning Board for approval . 15 . On sheet 4 of 11 ( note #8 ) on plans dated June 8 , 1983 shall read I� "within 50 feet layout of right-of-way" . 16, On sheet 11 of above referencediplan shall be corrected to note 12 feet of graded slope adjacent to road without berm and 10 .5 feet with t berm . r 17. A notation shall be placed on the cover sheet of the definitive plan regarding referencing the covenant and Town Clerk signature stamp . block 18. The applicant/developer/owner shall be aware of the fact that approval of Kara Drive subdivision under the Planning Board Rules and Regulations will not relieve said parties from the responsibility to ;other property upon whose land is adversely affected by indirect or direct storrmwater i discharge . Page 4 of 4 Order of Conditions for Approval PF. ^ r- " Kara Drive " Definitive Plan of Land , - „ November 21 , 1983 ?5: `','D No" - r. -i'�'ER NOV Z3 2 29 PH 183 19. All improvements in said subdivision shall be completed no later than two (2) years from the commencement date of construction and approval of security agreement . 20 . Manholes at angle points are approved. All other manhole locations aresubject to prior written approval of Planning Board and Highway Surveyor.