HomeMy WebLinkAboutBIGGIO, JOHN Received by Town Clerk :
RECEIVED
DANIEL LONG FORM A
To � eL rkiE JJ
NOR HANDOVER APP .ICATION FOR ENDORSEMENT OF PLAN
SEr 11 isANISELIEVED NOT TO REQUIRE APPROVAL
September 9th _, 19 85
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 fir the following reasons :
1 . The division { land shown on the accompanying plan is not a sub-
division because !very lot shown thereon has the amount of frontage
required by th ) North Andover Zoning By Law and is on a public way ,
namely , Forest Street or a private way , namely ,
being land bounded as` follows :
Westerly on two courses, by land now or formerly of Charles Chaplin; Northerly
an,9 Nnri-haaat.aruv bir I wod nou n= f xauaialy oz Easterly :13Y the -
center line of Forest Street and other land of William E. and Cynthia J. Bingham
less acres, according to the plan filed herewith.
2 . The division of land shown on the' `accompanying plan is not a sub-
division for the following reasons :
All lots shown are on a public way and have in excess of the minimum required
frontage and acreage requirements by the Town of North Andover Zoning By-law. i
3 . Title reference North Essex Deeds , Book 195+ Page 210 or
South. Essex Deeds Book ---rTT7- page 'S514
Certificate o . Tile No . Registration Book ;
Page
Applicant ' s Signat -re : Owner ' s signature d address if not
the ap licant:
Applicant ' s Address :
8 Mc Kenney Circle, Oft��er,jMAB 114
32 M holland Ipswic , MA. ---
f
L '
Received by Town Clerk :
MAP et III
3
Notice to APPLICANT/TOWN CLERK of action of., Planning Board on
accompanying plan :
1 . 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 Andove Planning oard as determined that said plan
shows a subdivisi n , as d .fined by G . L . c . 4 , s . 81 L . and
must therefore be r -s mitted to i for proval un er the
Subdivision Control Law .
� /�61/itJ Very truly yours
NORTH ANDOVER PLANNING BOARD
By / ✓
Date : ,o
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H.AYES. LEDOUX. WHPPLE & KM. P.C.
ATTORNEYS AT LAW
aeonee H.W.KAVEs.a 25 MARKET STRIEET SALEM :
ROBERT A.Lff*OIA4 - A9 ALL iTI T
JOIN A.WHPPLt P.O.Box Zv6
Joraa o.KWa IPSWICH,MASSACHUSETTS 01938-0206
SALEM,MASSACHUSETTS 01970-SiM
DONALD M.aROSMON®K AREA CODE 617 AREA CODE 617
CELESTE R.MA.RCHOS 356-2933 745-3M
E.JAMES KROp
ISA A.JACGGVV II
September 6th, 1985
VIA/HAND DELIVERY
No Karen Nelson
Olffiee of Tows Planner
Two of North A*Aover
To" Hall
North Andover, RA
rye: John J. Biggio and Eileen M. Biggio/Forest street„ North
Andover, KA
Door Karen:
As per our numerous phone conversations, I am
enclosing for your review the following:
1. Form A application;
2. Plan;
3. Covenant;
4. Deed of Easement;
5. Copy of Quitclaim Deed; and
6. Copy of Subordination Agreement.
As per your instructions, there are four complete sets
of all documents enclosed herewith. Any originals not provided
with this letter will be submitted Monday night at the hearing.
As I explained, the property is not being trawaf trod
until approximately October 15, 1985, which is why I ma holding
the original deed and subordination agreement.
If you haw* any questions, please call we either this
4tternoon, or any time y.
Thant You for your cooperation throughout this eaatigre
matite r.
Very truly yours,
E. s xroesser
lal
one.
COVENANT
res Stonecleave Road, Boxford, and Forest Street, North
An4lover, MA
a ties: Town P C w of North AndoverTann '
P 1n Board
William E. Bingham and Cynthia J. Bingham, (Owners)
John J. Biggio and Eileen M. Biggio, (Applicants)
Dated: September 9th, 1985
Covenant wade this 9th day of September, 1985 by and
between the above named Owners, Applicants and Town of forth
Andover, Planning Board.
Whereas, the undersigned owners and Applicants have
submitted a plan in accordance with M.G.L. Chapter 41, Section
81r-P, requesting that said plan be endorsed by the Planning
board "approval under the subdivision control law not
required" ; and
Whereas, said Plan is entitled "Plan of Land in North
Andover and Boxford, MA (Essex County) Surveyed for John J. and
Eileen M. Biggio, dated September 6th, 19850 ; and
Whereas, said Planning Board has been unwilling to
grant said endorsement without certain improvements being made
to the above-referenced Forest Street in North Andover, and
repair, maintenance, and upkeep of said road being allocated to
owners and/or Applicants.
Now, therefore, in consideration of said Planning
Board of North Andover endorsing said Plan, "approval under the
subdivision control law not required", the undersigned Owners
and Applicants hereby covenant and agree with said Planning
Board and with the Inhabitants of the Town of Horth Andover as
follows:
A. That the undersigned owners hold title in fee
simple absolute to all of the land included on said
Plan and that Lots A and B are to be conveyed to the
Applicants on or before December 30, 1995, and that
the within covenants, when recorded, shall have
priority over any mortgage or mortgages presently
existing on any of the land shown on said plan.
B. That the
or and owners undersigned Applicants will
9 /
not apply for any building permit, nor erect or place
any permanent building on any lot shown on said plan
until the construction and improvement of Forest
Street is completed in accordance with a certainletter
from the Town of North Andover Highway Surveyor 's
Office dated October 5, 1985, a copy of which is
attached hereto as Exhibit A.
C. Completion of said improvements to the
satisfaction i faction of said Highway u
g y S rveyor shall be
evidenced by a Certificate suitable for recording and
shall be so recorded at Owners ' or Applicants' expense
prior to the issuance of any building permit for said
land.
D. Any lot or lots shown on said plan, shall be
released from the conditions noted in B. preceding by
a majority of the said Planning Board, simultaneous
with the issuance by said Highway Surveyor of the
Certificate referred to in paragraph C. preceding.
E. All engineering and construction costs related to
said Road improvements shall be borne by the
Applicants and/or Owners exclusively, and not by the
Town of North Andover.
F. Owners and/or Applicants agree to perform all
construction and improvement work on Forest Street in
accordance with said Exhibit A earlier referred to.
Owners and/or Applicants further agree, in accordance
with paragraph 7 of said Exhibit A, that Forest street
shall be exempt from all Town Services other than
police, fire and school services. All upkeep, repair,
and maintenance costs on the said Forest Street shall
be borne exclusively by the Owners and/or Applicants
and other persons legally entitled to the use thereof,
and not by said Town of North Andover. This paragraph
shall be binding upon all of the land shown on said
plan in perpetuity and shall not be deemed released by
the Certificates from the Highway Surveyor and/or
Planning Board referred to in paragraph C. and D.
preceding. This paragraph may only be released by
said Highway Surveyor and/or Planning Board by
specific reference to this paragraph and to paragraph
7 of Exhibit A.
G. Owners and/or Applicants shall upon request of
said Planning Board and/or the Highway Surveyor,
secure to their reasonable satisfaction the
construction and improvement of the said Forest Street.
The covenants contained herein shall be executed by
all parties prior to, or simultaneous with, the endorsement of
"approval under the subdivision control law not required" by
the PlanningBoard and
, shall take effect immediately upon n
said
endorsement.
r
Owners and/or Applicants agree to record this Covenant
with the Essex North District Registry of Deeds simultaneously
with the plan earlier referred to, and the deed of easement to
the Town of North Andover as set forth on said Plan. Owners
and Applicants further agree that the deed of Lots A and B as
shown on said plan, shall recite specifically that said Lots
are conveyed subject to the within covenants and said easement.
The within covenants shall be binding upon the
executors, administrators, devisees, heirs, successors and
assigns of all of the undersigned, and shall constitute
covenants running with the land included on said plan, and
shall operate as restrictions upon said land.
For owners title see deed from Elaine McNulty, Trustee
under a Declaration of Trust dated November 12, 1975 and
recorded with Essex North District Registry of Deeds, Book
1271, page 354, and with Essex South District Registry of
Deeds, Book 6217, page 371, recorded in Essex South District
Registry of Deeds on April 15, 1985 as instrument number 110
and in Essex North District Registry of Deeds on April 12, 1985
as instrument number 7025.
Town of North Andover Planning
Board, by:
----------------
----------------
------------------------------
William E. Bingham, er
Cynthia J. Bingham, Oimer
_ J.See At_Bit_ache_d ___ _
J
ohn- ggio, Applicant-
_See—Attached__ __ _
Eileen M. Biggio, Applicant
I '
COMMONWEALTH OF MASSACHUSETTS
Essex, SS. Sept. 9 , 1985
Then personally appeared the above-named, William E. Bingham
and Cynthia J. Bingham and acknowledged the foregoing
instrument to be their free act and deed, before me,
--
Noibxj Public
My commission expires:
COMMONWEALTH OF MASSACHUSETTS
Essex, SS. Sept. , 1985
Then personally appeared the above-named, John J. Biggio and
Eileen N. Biggio and acknowledged the foregoing instrument to
be their free act and deed, before me,
- --
No Public
My commission expires: tqw
COMMONWEALTH OF MASSACHUSETTS
Essex, SS. Sept. , 1985
Then personally appeared the above-named,
- ----- -------------------------------------—----
be-Ing a-majo-----rity of the members of the Planning Board of the
Town of North Andover, Massachusetts, and acknowledged the
foregoing instrument to be their free act and deed, before me,
--------------------------
---------
Notary Public "----
My commission expires:
AY
3B4 090000 xlW=I
TOWN Of ROM AIM0"S, m4nAmisirm one
AFLL,L X A.CYR
Rarvosw
August 5 , 1985
Planning Board
Michael Roberts , Chairman
120 Main Street
North Andover, Massachusetts
Re: Stonecleave Road/Boxforc
Dear Mike;' Street/Forest Street
I am making the following recommendations on the improvements
to Forest Street in conjunction with the proposed developwmet
Of two house lots on a 5-acre parcel located on Forest Street.
1 . 14 " deep gravel base, 25 , wide.
3 . One wide Paved surface , with a 2#" binder ar% l'h" to ct.
ge culvert at the termination of the
existing cul-de-sac .
4 . Relocation of the existing electricity transformer
to a site to be mutually agreed upon .
5 . Gravel road shoulders to be 6 # to at gide, with a
y
relatively flat grade, ( actuall " per foot) ,
6 • A plan to be provided to indicate town bomfwdriee,
am
Projection of road from Stonecleave cul-de-sec , d
relocation of electric transformer. Also,locatiee
of driveways, fifty foot ria t of way, etc.
7• This proposal is based on the fact that all the
town services other than Police, Fire, and school
would be exempt. This would be done as a legal
covenant which would be a perpetual agreement within
this proposal .
Very truly yours,
William A. Cyr
Highway Surveyor
WAC/cc
cc : Mr. John Biqqio
Ipswich Savings Bank `
DEED_OF-EASEMENT
WE, WILLIAM E. BINGHAM AND CYNTHIA J. BINGHAM, of Ipswich,
Essex County, Massachusetts, for consideration of less than
$100 paid grant to THE INHABITANTS OF NORTH ANDOVER with
quitclaim covenants, the right to use the "easement for passage"
for the purposes that public ways are customarily used in the
Town of North Andover on the following described portion of the
grantors' land situated on Forest Street in said North Andover,
Massachusetts, and as shown on " Plan of Land in North Andover
and Boxford, Massachusetts (Essex County) Surveyed for John
J. and Eileen M. Biggio, dated September 6th, 1985" , which plan
is to be recorded herewith.
Said easement is more particularly bounded and described as
follows:
SEE DESCRIPTION ATTACHED HERETO
For our title see deed from Elaine McNulty, Trustee, under a
Declaration of Trust dated November 12, 1975 and recorded with
Essex North District Registry of Deeds, Book 1271, page 354,
and with Essex South District Registry of Deeds Book 6217, page
371, recorded in Essex South District Registry of Deeds on
April 15, 1985 as instrument number 110 and in Essex North
District Registry of Deeds on April 12, 1985 as instrument
number 7025.
1985.
Witness our hands and seals, this day of
William E. BinghaaC/
� Lt ..i� —tea..,_ i.✓'L!�����----
CjnMa.rJ. B1ngham
COMMONWEALTH OF MASSACHUSETTS
Essex, SS. Sort-A ___, 1985
Then personally appeared the above named, William E. Bingham
and Cynthia J. Bingham, and acknowledged the foregoing
instrument to be their free act and deed, before me,
Nota ublic
My commission expires: 11Not
DESC�tIgT�,Q�_�'0_BE_ATTACHED_TO DEED_OF_F�►�S��f�
Northwesterly by Lot B as shown on said plan, 70.02 feet;
Northwesterly again by Lot B on a curve having a radius of
288.32 feet, 135.36 feet;
Northwesterly again by Lot B, 80.84 feet;
Northwesterly by Lot A as shown on said plan, 50.00 feet;
Easterly by the Town line separating North Andover, MA and
Boxford, MA at the terminus of Stonecleave Road, 63,72 feet;
Southeasterly by other land of the grantor, 91.32 feet;
Southeasterly again by land of said grantor on a curve having a
radius of 238.32 feet, 111.88 feet;
Southeasterly again by land of said grantor, 72.00 feet;
Southwesterly by land of said grantor and by land now or
formerly of Arthur R. Murphy, Jr. , 50.05 feet.
Containing .351 acres more or less (15,285 s.f. ) according to
said plan.
In the event of any discrepancies between the foregoing
description and said plan, the plan shall control for all
purposes.
r
eceived by Town Clerk :
RECEIVED
10
W1NCLERKFORM A
TAORSN ANaOVER
ICATION FOR ENDORSEMENT OF PLAN
SEP 1110 11M BFLIEVED NOT TO REQUIRE APPROVAL
September 9th 19 85
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 fir the following reasons :
1 . The division . ` land shown on the accompanying plan is not a sub-
division becauze :very lot shown thereon has the amount of frontage
required by the North Andover Zoning By Law and is on a public way ,
namely , Forest Street or a private way , namely ,
being land bounded as follows :
Westerly on two courses, by land now or formerly of Charles Chaplin; Northerly
and 14nrthaa.c}arlsr bi l sad now or f l Af Q .7.., ek lqaesej Nftsterg:y 19-- the
center line of Forest Street and other land of William E. and Cynthia J. Bingham
less acres, according to the plan filed herewith.
2 . The division of land shown on the accompanying plan is not a sub-
division for the following reasons :
All lots shown are on a public way and have in excess of the minimum required
frontage and acreage requirements by the Town of North Andover Zoning By-lair.
3 . Title reference North Essex Deeds , Book 1954 Page 210 or
South Essex Deeds Book -'7TI7- page -jTtr
Certificate o . Tile No . Registration Book ;
Page
Applicant ' s Signat -re : Owner ' s signature d address if not
--, the ap,Rlicant :
-�-�, IE
Applicant ' s Addres : -
8 McKenney Circle, Andover, MA
32 M holland . Ipswic� l MA.
Oversized Maps on file with the Town
i