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HomeMy WebLinkAboutMESSINA, SANTO 1 t i,, COVENANT April 26, 1985 North Andover, Massachusetts KNOW ALL MEN by these presents that the undersigned has submitted a plan pursuant to Massachusetts General Laws Chapter 41, Section 81-P, requesting that said plan have the endorsement of the Planning Board that approval under the subdivision 'control law is not required. The plan of land is entitled: Plan of Land in North Andover, Massachusetts, prepared for Santo Messina, Anne Messina, Salvatore A. Messina, and Laurie Messina, plan by: Andover Consultants, Inc. , dated: March 28, 1985, and owned by Santo Messina, Anne Messina, Salvatore A. Messina, and Laurie Messina, said land is located on Winter Street between South Bradford Street and Great Pond Road, and shown proposed lots. IN CONSIDERATION of said Planning Board of North Andover, in thcounty under of Essex,. Commonwealth of hasschusetts endorsing said plan that approval the subdivision control lav, is not required, the undersigned hereby covenants and agrees with the inhabitants of the Town as follows: in ee ple olute of ll 1 thetthe land included non' saided artplan he wand sthat fthere mare nosa mortgages of -record or otherc•<ise on any of the land. 2. That the unders=gned will not apply for a building permit nor erect or place any permanent building on any lot until the construction of ways and"installation of municipal services necessary to adequately serve such lot has been completed in accordance with the covenants, conditions, agreements, terms, and provisions as specified by the following: . a. Certificate from the Highway Surveyor that this portion of Winter Street has been upgraded within the existing right of way to his satisfaction, said work to be completed at the expense of the owners herein. and water sere-ice ---- b. Certificate from the Board of Public Works that sufficient hydrants/ have been provided to service the lots on this plan. However, a mo.,tgagee who acquires title to the mortgaged premises by foreclosure or otherwise and any succeeding owner of the mortgaged premises or pa-.-t thereof may sell or convey any tot, subject only to that portio , of this covenant which provides that no lot be sold or conveyed or shall be built upon until ways and services have been provided. ( Page 1 of 3 ) 3. That this covenan'. shall be binding upon the executors, administrators, ` P 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 plan shall be released from the foregoing conditions upon the recording of a certificate of performance executed by a majority of the Planning Board and enumerating the specific lots to be released. 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 plan or of all lots not previously released by the Planning .Board. 6-. That the undersi,ynec. agrees to record this covenant with the Essex North District Regi�:ry 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 Plan as approved. 7. A deed of any part of the plan in violation of the covenant shall be voidable by the grantee prior to the release of the covenant, but not later than three (3) years from the date of such deed. 8. That this covenant shall be executed before endorsement of approval of the plan by the Planning Board and shall take effect upon the enforce- ment of approval . 9. Upon final completion of the construction of ways and installation of municipal services as ,specified herein, on or before June 30, 19882 the Planning Board shall release this covenant by an appropriate in- strument, duly acknowledged. Failure to complete construction and installation within the time specified herein or such later date as may be specified by vote of the Planning Board with a written concurrence of the applicant, shall result in automatic rescission to any lot, the Phanning Board may release such lot from this covenant by an appro- priate instrument duly recorded. 10. Nothing herein shal prohibit the applicant from varying the method of securing the corc..truction of ways and installation of municipal services from time to time as long as such security is sufficient opinion cf the Planning i n' the p 9 Board. For title to the proF-arty see deed from Santo Messina and Anne Messina to Santo Messina, Anne Messina, Salvatore A. Messina, and Laurie Messina, dated November 20, 1984, and recorded in the Essex North District Registry of Deeds in Book 1896, Page 49. ( Page 2 of 3 ) IN WITNESS WHERZOF, we have hereunto set our hands and seals this i' 26th of April , 1985. `" ANTO MESSINA `�' N MESSINA ALVATORE A. MESSINA - t-�a.u•(� �7f11CddNt,C.•- LAURIE MESSINA Acceptance by the Planning Board of North Andover Page 3 of 3 ) It is important to note that in 1930 this section of Winter i Street was identified as a "Town way or private Town way". It is also important to note that is -was- voted NOT.to discontinue these streets or ways but only NOT to keep them in repair. C. Deeds recorded at Registry of Deeds of abutters. 1. Book 381, Page 658. Original deed into Naruszewicz. Fourth Parcel; Rose Meadow, is locus. Spofford Road is our section of Winter Street, probably named after Spofford Woodland at intersection of Winter Street and Great Pond Road, see plan 2496. Description states "bounded northerly by Spofford Road. . . .". 2. Book 842, Page 97. Description uses Winter Street section as bound. Motes Winter Street was formerly Spofford Road. Indicates long use as a road and access. 3. Book 816, Page 405, and Book 984, Page 175 state as a bound "a discontinued roadway once known _as Winter Street". 4. Book 1315, Page 746. States Winter Street as a bound. Same as Book 842, Page 97 above. 5. Book 1896, Page 49. States Northerly and Northwesterly bound as Winter Street. This is Santo Messina deed. The Law: Research as indicated herein finds that at no time was this section of Winter Street either discontinued as a public or private way or street or was abandoned. This sections still appears on Town maps and in Town records, although in varying dotted line forms. This section still appears as boundaries in deeds and on plans df record. The official Town meeting vote was only to not maintain this section of Winter Street. It is an established rule of law that an owner whose property is bounded by a way which connects at each end with a road leading to a highway is entitled to have access going in either direction, if allrroads appear :an a plan. According the M.G.L.A. c.183, Sec. 58 "every instrument passing title to real estate abutting a way, whether public or private, . . .shall be construed to include any fee interest of the grantor in such way. . ." In -this case there is the right of access to pass and repass. The public's right to pass and repass and the abutting land owner' rights of access do not appear to have been extinquished, discontinued, or abandoned by the town or, any of the landowners. ARUSC!AND COHEN AT7ORNEV5 AT LAW ONE ELM SQUARE ANDOVER,MA 01016 (617)415-6100 -2- _ R MEMORANDUM j Issue: Is Winter Street from Great Pond Road to South Bradford Street in the Town of North Andover a way which can be used for access to lands abutting said Winter Street portion. Answer: Yes, in my opinion according to the attached information, Winter Street from Great Pond Road to South Bradford Street is either a Town way or a private town way, however, the Town of North Andover has no obligation to maintain or to keep all or any part of this way in repair. Facts: A. Maps and Plans. All plans, unless indicated, are recorded at the Registry of Deeds. 1. Winter Street from South Bradford Street to Great Pond Road is shown on the old plan mounted at the Town Clerk's Office. 2. Plan 2496 shows this portion of Winter Street but notes it is "discontinued". 3. Plan 5970 shows Winter Street as a boundary. 4. Plan 7437 shows Winter Street to scale measuring approximately 30 feet in width. Thisplan notes Winter Street as "abandon". 5. Plan 7436 shows Winter Street but it is not named. Also, Frank G. Gelinas decided to place the boundary to the middle of Winter Street. 6. Pian 9390 shows Winter Street with an opening onto South Bradford Street. 7. Plan 7548 shows Winter Street. The plan notes Winter Street as "abandon". 8. Assessor's Plan, Sheet 103, shows Winter Street with no notations and further opening onto both South Bradford and Great Pond Road and Bridle Path. i 9. Official Town Map shows dotted lines indicating where Winter Street would connect South Bradford and Great Pond Road. B. Town Records. 1. Official Town Street Card shows this portion of Winter Street as being "public" until Town Meeting of 1930. 2. In Article 31 of the March 1930 Town Meeting Warrant, a copy of which is on Page 16 of the Annual Report, there was a proposal to the voters either to discontinue as "town ways CARUSO AND COHEN or private town ways" the following section of "streets or ATTORNEYS AT LAV. ways in town" - the list includes "Winter Street from Great ONE ELM SQJARE Pond Road to South Bradford Street", or in the alternative to ANDOVER.MG 016,0 discontinue maintenance of said streets and ways. 161 T 475-6700 x_315 f MA06ACHUDMN OUttCWM OSLO INDIVIDUAL ILONO FOAM) U ' + 746 We, Stephen H. Brennan, Jr. and Dorothy M. Brennan, husband and wife, Of North Andover, Essex CAU;ktYtMMA&USeW beingmu:ndmkd,foc cowWawion paid,and in full=idmdan of $1809000,00 gmnu w Stephen J. Scullyp Trustee of SJJ TRUST under Declaration of • Trust dated August 9, 19/7 and recorded in North Essex Registry of Deeds oImmediately prior hereto with autklaim taarranLa said North Andover, Mass. xkxbmkkx OD 0 (D@"PJ=and eu mlbnnce%if my) A certain parcel of land with the buildings thereon situated in North aft Andover, Essex County, Massachusetts and containing approximately 16.44 eelacres of land. Said premises are currently numbered 77.7 Great Pond Road and are bounded and described as follows: ' Y w 0 u Beginning at the corner of Great Pond Road and Winter Street, (formerly Spofford Road); thence northeasterly to the easterly shore of the Mill Pond along the present stone wall on the southerly side of c Great Pond Road; thence southerly one hundred fifty (150) feet by 0 the easterly shore of the Mill Pond; thence easterly by a line parallel cn - to Great Pond Road and one hundred fifty (150) feet from the present o 0 stone wall on the southerly .side of Great Pond Road to the present . � ,o stone wall on the westerly side of the orchard situated before the e x present Foster house; thence southerly by the present stone wall on tcoo the westerly side of said orchard for a distance of two hundred fifty 0 (250) feet to the present stone wall at the southerly end of said .-+ 0 orchard; thence southwesterly b the present stone wall for a distance of two hundred seventy-six (2765 feet; thence southerly by the present w stone wall and road five hundred seventy (570) feet to Winter Street; thence northwesterly by Winter Street to the point of beginning. Being the same premises conveyed to us by deed of Leo F. 'Ready et ux dated October 41 1956 and recorded in North Essex Registry of Deeds in Book 842 Page 97. Said premises are conveyed subject to the restrictions contained in said deed. ? Excepting therefrom a certain parcel of land sold to Walter V. Demers, Jr. , et ux dated September 7, 1961 and recorded in North Essex Registry j ;• of Deeds in Book 943 Page 469. Excepting also a parcel sold to Joseph F. Aliquo et ux dated January 30, � . 1969 and recorded in said Registry in Book 1124 Page 99. Reference-is hereby made to said aforementioned deeds for a more accurate description of said two parcels. 1 Said premises are conveyed subject to taxes for the fiscal year.1977-78 1 which the grantees assume and agree to pay. "40h BS1896 50 Eaecated as a waled issummeet ANY e[ ibum6ere --it 0t �itla �c RL %Xwdmr AP » 84 wW wkmw•ledvd the fw�mrirum ,t-tojue their frc art and deed. JWDM we r.PYYtC—fYIIYY a[Prre e 11y.Umgmt. mexrreg Recorded Nov.23e1984 at 12:5TH 122773 fi BY1896 W, Soso MESS and ANDS MtSSna, both --- 4 R t at North Wit, Cases Coonty.Usseaehaa te, Pe consideration oONE+ef f Oetllut ($1.00) and other valuable ccnsiderat3on � grant to SANTO MMINA and ANDS MPSSINk, both of 268 Massachusetts Avenue, Horth Andover, Massachusetts, 22/25 interest as husband and wdfe, as twm*s W the entiretyi and SALw+zotat A. NWINK and LAMM N=nA, both of 137 Sales Street, North Andover, Massachusetts a 3/25 interest. as huebond and viiie, as oannannts by the entirety, together as joint tents. of _ with*dItlNw nomads dw had in said North Arndover. bounded and described ra follows: i r By the southerly line of Winter Street in 13 courses as followse 161.65 feet, 76.02 feet. 88.36 feet, 91.25 feet, 98.13 feet, y 67.85 feet, 178.45 feet, 157.21 feet, 60.96 feet, 94.55 feet, OX 26.41 feet, 24.44 feet, 85.59 feet; �C i>t aAcjain by the southerly line of Winter Street in two n+�s r 98.93 feet and 40.36 feet; 1Ptd91>;188r In twelve courses as follows: By land now or formnerly of Jams S. and Margaret L. Walker 113.93 feet; again Iy land now or for:rerly of James S. and 33 l"aret L. Walker 153.30 feet. In teen courses: 70.25 fest by land now or formerly of the Andover Savings Bank; 120.58 feet by land row or formerly of the Andover Savings Bank and Ly land :now or formerly of Michael A. and Maureen A. McAgan; 136.97 feet by land row or formerly of Michael A. Sand Maureen A. McOolgan; 126.24 feet by land now or formerly of Michael A. and Maureen A. Mc(blgan; 69.88 feet by land now { or formerly of Andover Savings Bank; 96.94 feet by land now or 3 formerly of Andover Savings Hank; 87.35 feet by land now or fomerly of Andover Savings Bank; 169.44 feet by land row or formerly of Andover Savings Bank and by land now or formerly of Richard S. and Carol Ann Balmast 83.41 feet by land now or +{` formerly of Richard S. and Carol Ann Babies, 174.72 feet by lard now or formerly of Richard S. and Carol Am Balmss and by lard now or formerly of Febert R. and Paula M. Dios; i ri zSMIAGAFTERX. In five oaurses, 365.11 feet by land now or formerly of Pulliam W. Hurley; 153.06 feet by land now or formerly of William W. Hurley; 200.30 feet by land now or fonsnerly of William W. t Hurley? 155.14 feet by land now or 6 l of Ernest. and Antordetta Romano; 150.71 feet by land now or fomnerly of Carmel° and Angelika Genaabella to the point of begindng. Being the sae premises doom ye9 to us by deed of WL84MIM tlanasanwlM and Meq+ -- _ Owusmwitz dated June 8, 1960 and seconded with Essex 0XrAr Registry of Deeds, Book 916, Page 216. ' s FORMA ' TOWN C! FqA APPLI CATION FOR ENDORSEMENT OF PLAN N©RTH ANUOVERBELIEVED NOT TO REQUIRE APPROVAL April 10 19 8-S To the ,Planning Board of the Town of North Andover: The undersigned wishes to record the accompanying:, plan -and requests a determination by said Board that approval 6yitun'der the Subdivision Control Law is not required . The undersigned believes that such approval is not required for the following reasons : 1 . The division of land shown on the accompanying plan is nota sub- division because every lot shown thereon has the. amount offr.ontage required by the North Andover 'Zoning' By Law" aria is on a public, w.ay , namely , , or a private way , n6me1y ,; Winter .Street being land bounded as follows : On the south by Winter Street an t hA ataQtw,4„ 1,- ,a N/F Genzabella, NIP Romano., NIP Hurlev, an the North by land N/F• Dozois, `N/F. Balmas, N/F Andover savings Bank, on the West by land N/F m6calgin't N/F Andover Savings Bank, N/F Walker 2 . The division of land shown on the accompanying plan is not a sut division for the following reasons All lots shown are on a Town way and have .the 'proper frontage, and acreage, at a minimum, relative to present zoning. 3. Title reference North Essex Deeds , Book -;1896 Page- 49_ or Certificate of Title No . Registration Book , Page Applicant ' s Signature : Owner ' s signature and address if not the applicant : Santo Medzina Applicant ' s A ress : 268 Massachusetts Avenue North Andover,Ma 01845 4a Received by Town Clerk : Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : I . The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law , and the anoropriate endorsement has been made upon the same . 2 . The North Andover ann ' ng Board has de ed that said plan shows a subcivi on , as defined by . L . c . 41 s . 81-L , and Must heref be re-sub o i t for app under the Subdivision Control Law . Very truly yours , NORTH ANDOVER PLANNING BOARD By : J&4�P—P60% Date :. &eceived by Town Clerk : FORM A " 4�.Q�'%A APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL June 1, 19 84 To the Planning Board of the Town of North Andover: & The un4ersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required . The undersigned believes that such approval is notrequired for the following reasons : 1 . The division of land shown on the accompanying plan is not a sub- division because every lot shown thereon has the amount of frontage required by the North Andover Zoning By Law and is on a public way , namely , or a private- way , namely , Winter Street , being land bounded as follows : N the North by Winter Street, on the Fast by land F Genzabella, N/F Romano pd N/F Hurley, on the South by land N/F Dozois, N/F Balmas, N/F Andover Savings Bank, on the West by landFlan, N/F Aridaver Savingg Bank, N/F Walker. 2 . The division of land shown on the accompanying plan is not a sub- - division ub- division for thea:fol>l owi n� reaon " ' The land is on a w y which pis an ancient way and which is in satisfactory cgndition to support the p��c^a lisp 3. T'i'tle -reference--North- Essex Deeds;- Book----658- Page 381 or Certificate of Title No . Registration Book Page App iccant ' s Signatur_e_• - Owner ' s signature and address if not the a plicant: lvatore Messina Li Appli'cant ' s Address : Santo ssina 36 Milton Street Anne Messina 268 Mass. Avenue Forth Andover, Mass. 01845 North Andover, Mass. 01845 Received by Town Clerk : i Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : I . The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law , and the appropriate endorsement has been made upon the same . 2 . The North Andover Planning Board has determined that said plan shows a subdivision , as defined by G . L . c . 41 , s . 81-L , and must therefore be re-submitted to it for approval under the Subdivision Control Law . Very truly yours , NORTH ANDOVER PLANNING BOAT By: Date : I ' Received by Town Clerk : FORMA APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL June 1, 1984 L To the Planning Board of the Town of North Andover: The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required . The undersigned believes that such approval is not required for the following reasons : 1 . The division of land shown on the accompanying plan is not sub- division because every lot shown thereon has the amount of frontage - required on a public - way , i e b h North Andover Zoning B Law a 15 p y , requ r d y the Nor A d g y namely , , or a private- way, namely, Winter Street , being land bounded as follows : On the North by Winter Street, on the Fast by land N/F Genzabglla, NCIHRomano _ and N/F Hurley, on the South bX land N/F Dozois SIF BalMs, N/F Andover Sg) ngs Bank,, on the West by land N/F rlccntgan, N/F Andover Savings Bank, N/F Walker. 2 . The division of land shown on the accompanying plan is not a sub- - division ub- - division for thea=f761l-owi rtg- re-'a�sorrs-.' Thm land is on a may cahich is an ;Ipcient way and which is in satisfactory Sas?adition to sups art thei- - -;?;°��'- `' eY icy - 3. Title reference- -North Essex DeedS;- Page-381 or Certificate of Title No . Registration Book ; Page App ica is Signature �__- -_ __ Owner ' s signature and-address-if not the a plicant : al tore 17essina Applicant ' s Address : /��^ Santo essa _ 36 Hilton Street fa Anne Messina 268 Mass. Avenue North td&ver, Mass. 01845 North Andover, Mass. Received by Town Clerk ; f i Notice to APPLICANT/TOWN CLERK of action of Planning Board on I accompanying plan : 1 . T e North Andover Planning Bo rd s d rmined tha sa d\plan doe \n t r ire p oval nd r th b iv ' si n on rot L w , and t a pr prat en o sem nt h s bee ma upon he a 2 . The North Andover Planning Board has determined that said-:plan shows a subdivision , as defined by G . L . c . 41 , s . 81-L , and must therefore be re-submitted to it for approval under the Subdivision Control Law. Very truly yours, NORTH ANDOVER PLANNING BOAR r By; 04�A, Date : ,r Bxi287 1 81 I, CHRISTIANA R. YEUTTER, /� 7� 8907 64'"rC T nd /Road k9a r'-& A#1dDM_z,1-, O I g�"O C- �•� of SC x County. uanwhuwti. j'rjussu,eh use `r:'ts L,5 In consideration of $140,000.00 irmnt t9 I LANDSAIL, INC., a Massachpsettq corporation . =f having -an usual place of business at 382 Commonwealth Avenus; .Aoston, Mass.-- j • 02216 r with quitclaim cantaanta the )&adin North Andover, Essex County, Massachusetts, bounded and de- scribed as followst i NORTHWESTERLY by Great-Pond Road, three hundred twentywfive (325) feet, more or less; NORTHEASTERLY by land Now or formerly of W. V. Demers, Jr. & L. W. Demers, as shown on plan hereinafter referred to, it n 4.3J four, hundred thirty-one (431) feet, more or less; EASTERLY one hundred twenty-eight and 9/10 (128.9) feet; - SOUTHEASTERLY one hundred fifty-three and 1/10 (153.1) feet;'agai EASTERLY six hundred twenty and 9/10 (620.9) feet; NORTHEASTERLY two hundred fifty-three and 2/10 (253.2) feet; all by land now or formerly of J. J. Messina & G. C. Mess- ina; again NORTHEASTERLY by land now or formerly of J. J. Messina & G. Co Mess- ina and land now or formerly of D. M. Hurley & W. W. Hurley, nine hundred ninety-six and 3/10 (996.3) feet; SOUTHEASTERLY by land now or formerly of M. Smoliak & M. Smoliak, eight hundred and 9/10 (800.9) feet; NORTHEASTERLY by land mw or formerly of M. & M. Smoliak, one thous- _ ' _ and thirty-two and 4/10 (1,032.4) feet; SOUTHEASTERLY three hundred fifty-five (355) feet, mope or less; again SOUTHEASTERLY one hundred fifty 150 feet more or less; ) SOUTHWESTERLY two hundred thirty-seven (2375 feet, more or less; r NORTHWESTERLY five hundred sixty-two (562) feet, more or less; al by land now or formerly of D. E. & G. Be Hogan; again. NORTHWESTERLY by land now or formerly of P. D. & E. M. Malzouranis, and Timber Lane, three hundred thirty and 3/10 (330.3) feet; again NORTHWESTERLY by Timber Lane and land now or formerly of A. W. MacCanael, one hundred ninety and 1/10 (190.1) feet; WESTERLY by land now or formerly of A. We MacCannell* land now or formerly of M. J. & C. M. Lennon, Land now or formerly of J. F. & C. L. Burley, land now or form- erly of P. & E. W. Maggraf, land pow or formerly of A. & H. Koslovski, -and land now or formerly of A. W. & P. A. Smith, seven 'hundred ninety-nine and 4/10 - (799.4) feet; and BK1287 SOUTHWESTERLY by land now or formerly of A. We & P. A. Smith, land not or formerly of V. A. & Aw.M. Ardizzone, land now or formerly .of W. W. & E. L. Sinclair, land now or formerly of Griffin Realty Trust, land now or former- ly of K. Be & W. Be Griffin, land now or formerly of We Jo & E. M. Clancy, and land now or formerly of J. F & E. H. Bowers one thousand one hundred ninet eight and 3/10 (1198.3) feet. Containing an area of 40.8 acres, more or less, and being shown on a p of land entitled, "Plan of Lend Prepared for Landsail, Inc., in y North Andover, Mae Scale: 1" so 100' Date: April 12, 1976,1 ran 7 Gelinas & Associates Engineers & Architects North Andover Office Park North Andover Mae 0184511, which plan is to be recorded herewith in + Essex County kegistry of Deeds. . } For title see deed of Sarah T. Driver to Clyde S. Yeutter and C�~� is ar— R. Yeutter, husband and wife, as 'Joint tenants and not as tenhnts in common, nor as tenants by the entiretyy, dated June 22 1955, recorded in Essex County Registry of Deeds in Book.815, Page 213. See L-8 for Clyde S. Yeutter recorded in said Deeds in Book 1141 s Page 424 Clyde S. Yeutter died at North Andover an January 8i 1968. Executed as a sealed instrument this day )N4 0 • � Massachusetts Deed Excise tompq —Christiana R. Yeut er in.gut S 0 affixed and cane ellud on this tnsLs�^at • Y 1 rt i i Essex a. `T»!� !3 19 76 � 3 Then personally appeared the above named Christiana Re Yeutter i and acknowledged the toregolas instmment to beer jmset and i Won me,' � No"P o—� My commission expires 0�f 3t 19�v ti rz - - Reesfnled •July 21s1976 at 4s20PM 16045 �yOSSETT t4,V CD� �OODGR M O,p Lli OLU a 'yiNs ►►'INTER 3 N WOOo 0 0~ k',9Y MPO ti � s ti SOUTH y FFA GLEwC¢E 1/ W J SRADF ' ;- ORO -� PATty SO BR1DLE i $RENTWOOD �'p�tr, N f K 1 O Z Town w s Farm e 0 Y_ W BEAR \ COACHMANS P2 a O BEA SgooK R � � ay ��� )�� V• �� •'��n1ti/ r'�� -. .i PAYrL;UA 1-� �tlrjhl/15 11- 'i4`S .'rj Jo41N � � �' '!� 3 ZCta E� '�• IT mq2I Sg-ti :�2PR�t Ca 'PETR A�. a�.s�s �g, Ce� "NSo Al ,1 Q ���41R 95S # > I� 1367 6'I 1a a QPLrag k� 0 A 9 �• _: yf� A` 4r to rv� 05 �HOR'�• �i+ �`` •3 � 71N `D nj g� `� � � ?J ' ems' S 0. `L SQ %t N vq 7P �� �•.kp 4� UPS Q •\ oo T �o 4 W .Q- 0 b.,;17P. cp���_'-� gay WiLLlatfS 6�r Lf2a-4Sn: i r 11 AS'f pw •. ,ice .. `>'a R•%3 293 t ' e*a^'D .o, I3o�I��� 1�1tylCj. � •. �t F�. Y 3� ' P1' � -j 7. .ref\. .•,r'. V\JA +SIG \�gc k40 LF. ' LA:5T . NO• O M !T S 7 i6 ANIMAL REPl7R7 present bad and trouble breeding features of the roadway i,5 Petition of William G. Davis. a Unfavorable action taken under this article but 'With the recommendation that the street be put in passable con- dition and that expense incurred.be taken from the ap- propriation made for Streets, Highways and Bridges. Article 90. To see if the town will vote to raise and appropriate the sum of$600.00 to construct a surface drairr bn Sargent Street beginning at Hodges Street and continuing westerly the entire lengtb, a distance of approximately 450 feet. Petition of Leo Murphy and others. Voted to raise and appropriate the sum of six hrmdrec' dollars fo construct.drain mentioned in this article. Article 31. To see if the town will vote to discon- tinue as town ways or private town ways, under chapter eighty-two of the General Laws, all or any of the follow- ing section of streets or ways in the town, namely: (1) Far- num. Street from the Saw Mill to Ash Street; (2) Fern Street from Farnham Street to Berry Street; (3) Berry Street from the residence of Mr. Towne'to-Ash Street; (4) Winter Street from Great Pond Road to South Bradford Street; (5) Short Street from Great Pond Road to the intersection of the road coming from the residence of Mr. Frost; (6) ` Towne Street from'the Turnpike to Farnham Street; (7) Abbott Street from the house of Joseph Mullen to the house of Victor Verder;-or as an alternative, to see if the town will`vote to instruct the selectmen as officers having charge of the laying out of highways, in conjunction with the Committee on Roads, to petition the county commis- . sinners, under chapter 289 of the Acts of 1924, for relief from the obligation of keeping all or any part of said ways, in re 0,5r. Petition of Committee on Roads. Voted the alternative;i that the town instruct its Se- lectmen as officers-having charge of the laying out of high- t ways, in conjunction with the committee on roads to peti tion the County Commissioners, under chapter 289, of the i Acts of 1924, for relief from the obligation of keeping all - or any hart of said ways in repair. 1' Article 32. To see if the town will vote to accept Norman Road from Railroad Avenue to Buckingham Road,a distance of about 400 feet as laid out on plan of Pacific - _ Mills land. Petition of Eugene Boeglin and others: Voted that this article be referred.back, `the peti .� 40 , 6/A w IQ 01. ''o'7/ � • I ' \y .� � ,- ( ' . -� if O • D� , W 1�. ..-^— �T .t r-: r _�•9'3Q'Ti[T+. �"r,,. ._. :,I' r �-1 1 1 'r•. .i' y , � - �:... u �ri. aR i , r `qSI 44 -. � a +.- 1 �{ ., 'w. i `r�"y'�'' fi ..:alga ,' 1 �►�y�y +1• 111 t�+ 1 ' •.�• ' +,� , f y f + I • ' A t. } � A .YSA •{J R i 1 i-" 34 Ai • : ,�i': '(f �I t Ir. 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I..n•Pq,.,y..yie r�.' f + � '.�x.:+,' x YfC 1,M::°nrys � �[ �s ,•nlnva�' r 1'���'�,y�+,i�"�' t ,�y a yI ly , lo1' � a t ! .t � ,a I: i IA ,. I � • ' ` nC 1 !. w• � i �I - 'C"eb.+.Y!' 7 x.Pr lyrpk 1 I, �` I Imo` �4 A y � A N w c, y,d�r�ns• ; 1 :er _.._.H„Ail ... d'i” h r} l Y 4 1. , v r .v. ro r ry .. r n • yyr 6.: r .._. ,. .. .. 0 10) 'i is'1rrApw pf& car." : w,QiOYe P4lTii2E+ ¢vsr�wicr \ IN no ROSE AfBAVOW w 1, ala `• ` j ,S.oOPfORO WAWAA/VO Xt+taryd! Rqs � lvovnt S AcricoNm Zo. s�` �o PLAN OF PART OF kr. 4ND oP ,� a N OQT H AN DOV E Q MASS. axts>4rn /'ecor"ds. Al/ diwrfancrs _ . � t/715lan COM sled rr M ars sc.a/¢d. SCA.t,.E 1a1J.00 _ Ap¢�� i�s2 ' Y' •. , Q.ALPH D. IbItASSMUQ, C.E jl HAM%LTOM AYES. %4,&Vr_ ZI41L_L, MASS. 1 � y n by land now or formerly of Moses T. Stevens, easterly by land Tw of Smolak formerly of Glennia, southerly by land now or formerly of Wii- liam ;. Dale, and westerly by .the woodlot and land now of Smolak' iforat1 erly of Glennie. Also , "the woodlot" bounded northerly by land now of Smolak, formerly of Glennie, easterly by the Further Pasture,southerly by land now or formerly of William.;. Dale, and westerly by land now of Smolak, formerly of said Glennie. Being the sixth parcel An,! said ji deed of Horace K. Foster and George B. Foster to Z. Frank Fostepr. and, . Sarah P. Foster. Also the following described parcel in North Andover SDCTH PARCEL: Beginning at the southeast corner of the said parcel at land formerly of John Reynolds, deceased, on the west side of South Bradford Street the road leading from the former Reynolds houselto the former Pond District Schoolhouse and BOUNDED on said road, theme Wes erly on the Spofford Road from South Bradford Street to Great Pond Ro$ to land formerly of Charles ,Foster, thence southerly by land -forrmerly of Charles Foster and land formerly of Isaac Spofford to. land .formerly of Moody Spofford, deceased, (hence southeasterly by land formerly of Moody Spofford to land, formerly of Charles Foster, thence aorthoasterl and southeasterly by land formerly of Charles Foster to land noW. of Smolak, formerly of John Reynolds to the point of beginning. CoOtaini about fourteen acres and known as the Dove Pasture or Kittre4go4ot. r Being the premises conveyed by Frank H. Rea to J. Frank Foster by deed' dated February 22,1893, recorded Essex Northern District Deedsy book 1249 page 3. The foregoing six parcels comprise all of the lan4 owned by the grantors in North Andover lying South of Great Pond Hbad�jand Boxford Road, with the exception of (1) the field at the sou hw�st cor� nor of Great Pond Road and South Bradford Street, (2) the or had west " of said field and (3) the portion of the pasture west of sai orchard lying within an area bounded on the north by Great Pond Road 0 4 the west by the Mill Pond, on the south by an irregular line 150 felt south of the present stone wall on Great Pond Road, and on the eas by the said orchard. The premises are oonveyed sub4e t to 1943 taxe33146.00 T of which the grantees herein assume and agree o pay. We, Etholl Foste wife of Kendall P. Foster, Dorothy M* Foster, wife of Chandler �.Fosto and George W. Shaw, husband of Rachel F, Shaw, release to said grantee i all rights of DOV'VER, CURTESY, HOMESTEAD and other interests therein. WITNESS our hand . s and seals this 4th day of ;une, 1943. } Kendall P. Foster Chandler H. Foster Rachel � , F. Shaw Ethel Foster Do oth M. , , y Y J Foster, George W. Shaw. Commonwealth of Massachusetts. Suffolk,ss, Boston, June 4, 1943. Personally appeared the above named 0 ndler H, G1"7� y 3 Foster and acknowledged the foregoing instrument -to be hisfBe act an I deed, before me, Raymond- S. -Wilkins, Notary Public. My o ssion exp !i i r 658 I' 1t'e, Bendall P. Foster of Weymouth, Norfolk County, Chandler H. Foster �; C Post of Salem, Essex County and Rachel F.. Shaw of Peabody, Essex County,foretli consideration-do grant to Wladyslaw Naruszewicz and Mary Naruszewicz, i . his wife , both of North Andover, Essex County, as tenants by the en- i' Narusoewi tirety, with QUITCLAIM covenants the following described parcels in I etititx the, said North Andover, formerly part of the farm of John P. Foster, late of North Andover: FIRST PARCEL. Land and the buildings thereon BOUNDED as follows: Beginning at the corner of South Bradford Street,' * U. (formerly School House Road) and Spofford Road, :thence northwesterly * I. ;R. j to Great Pond Road, thence easterly to the east shore of the Mill Pond; * $4 40 *Cana ll thence southerly 150 feet by the east shore of the Mill Pond, thence easterly by an irregular line 150 feet from the present stone wall on the south side of Great Pond Roa4to the present stone wall on the west- erly side of the orchard situated before the present Foster house,thenoe i southerly by the present stone wall on the westerly side of said orohmd to the present stone wall at the southerly end of said orchard, thence 0 easterly by present stone well to South Bradford Street, thence south= erly and southwesterly by South Bradford Street to the point of begin- I j ning. Being the second parcel, with the exception of the field on the southwesterly corner of Great Pond Road and South Bradford Street, the orchard west of that field and so much of the pasture west of that or- chard as lies within 150 feet of the wall running from said orchard gg 3 along Great Pond Road to the Mill Pond, in deed dated November 19,1898 g I, of Horace K. Foster. and George. B. Foster to J. Frank Foster and Sarah P. Foster, recorded -Essex Northern District Deeds book- 166, page 113. J SECOND -PARCEL. Comprising the Lacy Field, the Hill Close Field, and the Lacy pasture BOUNDED northerly-by the Boxford Road, easterly by I r land formerly of Isaac W. Andrew and by land now or formerly of Gamine f or Gamrueh, southerly by land now or formerly of Benjamin F, or Milon �I S. Jenkins, and westerly by "The Old Sessions Road". Being the third parcel in said deed of Horace K. Foster and George `B. Foster to J.Fr Foster and Sarah. P. Foster. THIRD PARCEL. Comprising th Jack's Hill, � I: Field and Ja.ek'a H41 Pasture,, BOtMDED.northerly by theJ nkins Road, II easterly and southerly by land now or formerly of Jenkins,and westerly by South Bradford Sjtreet, formerly the Reynolds Road. Being the f ourtb` I parcel in said dee& of Horace K. Foster and George B. Foster to J.Fran II Foster and Sarah P.IFoster. FOURTH PARCEL. Comprising the Rose Meadow; BOUNDED northerly bar the Spofford Road, easterly by land formerly of J.� Frank Foster Sizthl e w ( ., par el hereof) southerly and westerly b land no Y Y dor formerly of EdgarTucker. Being the fifth parcel in said deed of Rorace' K. Foster. and George B. Foster to J. Frank Foster and Sarah P. Foster, FIFTH PAR4L. Comprising the Further Pasture BOUNDED northerl; i BOOK PARCEL ;: a certain parcel of land situated in. said North Andover, to the South of Great Pond Road, to the 'gest of South Bradford Street and e ,l 5 to the North of Dale Street,, and being shown as "Farther Pasture Viand 'Woo - PAGE land, 20.5 Acres ± on plan of land entitled: "Plan of Part of Land ofi Wladyslaw & Mary Naruszewicz in North Andover, Mass. , April 1952 , Ralph ) Do Brasseur, C.F. ," recorded with North Essex Registry of Deeds as Plan 2 2 4 No. 2496, said parcel being substantially boubded as follows: Commencing at a corner of a stone wall at the Southwesterly corner, of other land of the grantor marked "Spofford ' Woodland, Abbot Stepens" on said plan; thence the line runs Easterly by said grantor' s lando sevhe hundred seventy feet to the corner of a wall marking the Southeasjterly corner of the grantor' s land; . thence the line runs in a Southeasterly ,1 rection by land now or late of Wladyslaw and Mary Naruszewlez , two hun 0 d ten feet to a corner of a wall at land now or late of one Smolak; , then ' the line continues Southeaster) by' said land now or late of Smol k on� hundred sixty-five feet and then runs Southwesterly by said Smola land!', ; as the wall stands, seven hundred fifty feet and again runs South erste by said wall by said •Smolak land, nine hundred eighty feet to a corner , the wall by land )narked "Stevens Land, Marion Appleton" on said pan; thence the line runs by said Stevens land Westerly three hundredjtwent feet , Southwesterly one hundred eighty feet and 'Northwesterly tw hung dred twenty-eight eet to a corner in a ll and then runs N rther f sidwsi , by said wall , partly by said Stevens land and partly �by land now ;or fq i merly of Lewin S. Bigelow, fifteen hundred forty ,feet to the poi t of ginning. Be all distances more or less. Being the same premise conv d to me by deed of Wladyslaw Naruezewicz and Marry Naruszewicz date Aprkl� =8, 1952 , recorded with the 'North District Essex Registry of Dee s, Bore 762 , Page 414, Massachusetts Deed Excise Stamps U. S. l:eeeral Revenue Stamps in um of in sum (J S s 1�..� . . ed _ err :r. ed _ . 1 , �_aell oa this JII La:r'f i • i � a ]teliilbltl[>� �1cyElpfle�c�[ I i i Uttatu any band andscal this.. 22nd ---day of_ June __ . _.. ..4.:_1955■ .. _ ....... _.._... ..........._....__........_........_...__. ....:.. ... ... . . ......................................_............................. +r ' .1 gig a"Wayan aU4 i Agassa#pwIls June B!L Jkf�tm�t:37 .ppm yy..r .u^s =ii 3 ' VI N i II w"t-armaI mss , Mr '..n.Ar.M,C 2fta .WAVX vI .1oL:jaw. s'=M3„ -+ r � w Ke, Leo F. Read HOOK y and Octavia p. Ready, husband and, wifet both 842 PAGE of North Andover, 97 Essex County, Massachusetts, B1+e� , for consideration paid, grant to Stephen He Brennan, Jr. and Doro M• both an, husband and wire, as Joint tenants and not as tenants in cmnona Of Andover, in said County, with rluitdatftg tmrtttaxttie A certain parcel of land, with the buildings thereon, situated in said North Andover, containing ap described as follows: li!}proximately l6• acres, bounded and . Beginni at the corner of Great Pond Road and Winter Street (formerly Spofford Road,thelnes northeasterly to the easterly shore of the Mill Pond along the preset stone wall on the southerly side of Great Pond Road; therice southerly one hundred fifty (150) feet by the easterly shore of the Mill Pond; thence easterly b a line parallel to Gr est Pond and- one hundred fifty (150) . feet from the present stone wall on the southerly side of Great Pond Road to the present stone wall on the westerly side of the orchard situated"before the present Foster house; thence southerly by the present stone wall on the westerly side of said orchard Tor a distance of two hundred fifty (250) feet to the re atone wallsent at the southerly end of said orchard; thence southwesterly by the present stone wall for a distance of two hundred seventy-six (276) feet; thence southerly by the presentstone wall and nd road d five hundred y (570) feet to Winter Street; .thenee northwesterly by Winter Street to the point of beginning. Being the second parcel described in a' deed from Brooks Potter, Executor under the will of L. Sherrill Bigelow, to us dated Dec. 15, 19539 recorded with North Essex Registry of Deeda, Book 785, Page 315. Said premises are conveyed subject to the restriction that for a term of ten years from this date no .more than, three residences shall be constructed within three .hundred feet of -Great Pond Road. U. S. re-1-1-al Pcvrnue Stamps 117n^sarhusctts �) in r' :. i C 011 UIi3 H�t1YCt1 't on t1lis in. t; inr�nt. instrument. Was Leo F. Ready and Octavia G. Ready, h_ said grantors release to said grantee all rights of tenancy by Ie cartery and other interests therein. dower and homestead �Oittttsis•.our....h Pds. and seals this...........4th...........J y of. xohgr. . 19..56. 4.. ...... ........... (.......�.... �t ... ................................................................................ ..C... .. ...a ................................................................................ ' ! t�llr tIIumttrottmraitti of i�Iasstttllus�ette Essex, ss. October 4, 1956 Then personally appeared the above named Leo F. Ready and Oetavia G. Ready and acknowledged the foregoing instrument to be their free act and deed, befo me . . l.........r"� sFernand A. BArnarPublicn, Noe..q Q My — ...... ......... . .. Commission expires March 18, 1961 8ssex,ss. Recorded Oct. 5, 1956 at 32m past 10A.M. #133 We, William Wilson Hurley and Dorothea M. Hurley, husband and wife, both BOOK of North Andover, Essex County, Massachusetts 8 6 *S1lK4 xaesm xk* for consideration paid,grant to Pasquale Fera, John Leone, Jr., both of PAGE Lawrence, in said County of Essex, and Ernest Romano,, of Ipswich, in said County of Essex, qkx 405 with 4uttrlatm rauenutttg Abohn aaxx a certain parcel of land, situated in said North Andover, bounded and described as follows; (Deicription and encumbrancei,if any; Northeasterly by stone wall and a discontinued roadway once known as Winter Street, three hundred thirty-four. feet, more or less; Easterly in three courses by a stone wall and South Bradford Street, as follows; forty feet, more or less; one hundred eighty-three feet, more or less; and in a curved line having an are of ninety-two and 5/10 feet, more or less; Southwesterly in a straight line by land retained by the grantors., five hundred feet, more or less; and Northwesterly by a stone wall and land now or formerly of one Naruszewicz, being part of the Rose Meadow, so-called, three hundred four feet, more or less. The Southwesterly bound is marked by an iron pipe at each end. Being part of tate premises conveyed to us by Wladyslaw Naruszewicz et ux by deed dated May 9, 1953, recorded with North Essex Registry. of Deeds, Book 775, Page 347. Said premises are conveyed subject to the taxes for the current municipal year which the grantees hei ein assume and agree to:pay. U. S. Federal Revenuc Stnmps 1Nlaancht!getts Deod Excise Stamps in Burn of $ 1. 10 i" ���m �,f $ .1 affixed and cancelled on this of rixta :;:r.! eu::rellcct vn this ir.::trunient. instrument We, the said grantors, ...- �xst»dr x x�ncx release to said grantee all rights of dower a d thomesteahe d and other interests therein. [tttCss._...our....-hands and seals this_.......ft.Ltrt;.een.th............dayof..............__.Suna......._..._._...19 55- ..�� �./ . t�lFe Qlnentttmtmttaltli pt �xssatr�urirtts ............ ... .................... ssexs........._.....ss. ................ J=!i.t.__14............................ 19..55. Thenpersonally appeared the above named....................................................... ...... ....:. .. ..... ....................._................ ........ . .w-...... lr'111.1am...Wilson...Burl.ey..... and acknowledged the foregoing instrument to be.........'txhe.ir......free act and decd,before me v vxt ll ,ttlam_ ............X. ... xx=x Essextss, Recorded July l4r 1955 at 44m past 10A.M, #323 ui 9um nl S._�4.5�5----- -- in +ur, f) : ' .4 ( ,1 l:xc��e Sterner t r'"ilxxl a-d cancelled on this "c*tfcl end culi.6 a `- 9 8 J i insficument. instrument. on • PAGE We , ' asquale Feral hsini; unmarried, John Leone Jr, , and ^rneet '?ttmano 1 75 all of Lawrence , Eine ex Grind sw,rrise•, for oonaideration id, rant ,. .. County, Massachusetts, Pa 8 b Carmotlo jer.zabella and Angelike ; renzabella , husband and wife as taint tsnants and not as tenants in common Of 14"Iden, Viddlasex Count V2SS �►Idl * ! y, a .l''1 s tt.. the land is Forth Andover, n:zsex Cou�lty,I h,aaaachuaettz, siqutttlat t'tttlrrlstttb ;Ata�d on the MtwriPW "W maimba em if my) northwesterly ride of South Ilradfdrd 'jtre�t in raid "nrth Andover, bounded and described as fol.lowRt. Fortherly one hundred fii'ty (150) feet- by land now or formerly of Varuszewicz ; :.aa_t`;rly three hundred twenty-four. '.•linter Street ; (324) ' fee t by discontinued southerly one hundred firty (150) feet by South Bradford Street ; _.9es_ly three hundred ninety-one and 50/100 (391. 50) ^aet by land veyed to us Of Vie grantors. Rtinr a Portion of the name premiss con veyed to in by de d Of "MU-)m Hurley st ux, dated June 14, 1P55 , and Containing, arproximatcly01.16 'a ads ryes, lfi, raps 405. ; The above dimensions are more clearly set forth in a rlan of Land Forth Aidover,;•?a-sachu•stte , owned by Carmelo ;enzabella and An,-elike Jeniabc I tl , t12 •;Nt1 t� ril ir, , w 3, .L. r. Iiallsour and n!tgoc . , C. ,. , as id plan to be recorded. It Irary T. Leone w1 r' n^ John T.»on^ Jr. Z, Antoinetta PI. Romano wi o^ Ernest FQmano I . f d of said grantor.-S, release to said grantee all rights of a dower and homes nd other.interests therein. tead El ttteas...our....hand s and scala this...........f. .x;3. ....•... ay of.. n'�lX.. .... �� . .....19... . ... .. ............... ' ._....�.�. ....... . .N.. .1....N.N..NN•.NN . N•.IN.N.•.NN.•..N..........•..••.•...•..•..N � ............... � •..• tale Qlctnute"Wrult4 of 1}ue�tit�I ^ssex . May I 1963 Then personally appeared the above named Pasquale Fera, John Leone Jr. , and A 1; anti uWlowled •�rn .at ,.ttmano ged the foregoing instrument to be their reeac and deed, before me 1....... �,�..... ............. Notu ur Jam Mie-14mr My commission j Esaex,as. Recorded May 2, 1969 at 35m pest 1P.M, #65 + Individual ( )Dolt Teaanb—Tauob in Caaunon—Tenuts by the Entirety.) Oversized Maps on file with the Town i it l