HomeMy WebLinkAboutSCULLY, STEPHEN c _i:v - by Town Cleric :
Dat CLERK
FORM A tiff NOOKS
APPLICATION FOR ENDORSEMENTPLA 0 F % t
� �
BELIEVED NOT TO REQUIRE APPROVAL
August 6, 19 90
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 :
I . The division of land shown on the accompanying plan is riot a sub-
division because every lot shown thereon has the amount of frontage
requiredby the North Andover Zoning By Law and is on a public way ,
namely , Great Pond Road
shown on Assessors' Map 103, parcel 20, 116 and 117, and as shown
on the accompanying "Plan of Land in North Andover, Mass_", dated
July 10, 1990, by Hayes Engineering, Inc. ; owner: S.J.J. Trust,
Stephen J. Scully, Trustee.
2 . The division of land shown on the accompanying plan is riot a sub-
division for the following reasons :
The proposed lots have adequate frontage on an existing public
way, and area for the R-1 Zone.
3 . Title reference North Essex Deeds , Look 1315 Page 746 or
Certificate of Title No . Registration Book
Page
Applicant ' s Signature :
Same as owner Owner 's signature and address if riot
theppl ' cant :
(Print Name) 7'
� z �
Applicant ' s Address :
Stephen J_ Scully, Trustee
S.J.J. Trust
P_ O. Box 302, Lawrence, MA 01842
Tel. No. 508-687-1433wol �
I
1
Received by Town Clerk :
RECEIVED
DANIEL LONG
TOWN Ctw_RK
a'
0R Ili ANDOVER
to u>! `9
Notice to APPLICANT/TOWN CLERK of action of Planning Board on
accompanying plan :
A.
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 . T ('forth Andanning Board as determined at aid plan
sh ws a sub as defin d by G . c . 41 , s . 81- and
mu t they fore be re ubmi ed to it f r ap oval under the
Sub iv ' sion Control La
Very truly yours ,
NORTH OVER PLANNING BOARD
By :
Date _
4403
STEPHEN J. SCULLY, M.D.
53-1171113
19�
PAY
TOTHE
TH
ORDER OF ""� $s . U .
/ .... 061
LABS
ARLIPTG"w TRusir C'®MP�
L®wmaxes.MAssAcnvszTwa®
FOR _
1:O1130ii701: 4 86 11'
t
ce,ive4- by`NTown Clerk :
APO -iii
FORMA . � t
APPLICATION FOR ENDORSEMENT OF PLAN 10
BELIEVED NOT TO RE(aUIRE APPROVAL 9
August 6, 19 90
To the Planninq Board of the Town of Horth 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 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 , Great Pond Road ,
shown on Assessors ' Map 103, parcel 20, 116 and 117, and as shown
on the accompanying "Plan of Land in North Andover, Mass." , dated
July 10, 1990, by Hayes Engineering, Inc. ; owner: S.J.J. Trust,
Stephen J. Scully, Trustee.
2 . The division of land shown on the accompanying plan is riot a sub -
division for the following reasons :
The proposed lots have adequate frontage on an existing public
way, and area for the R-1 Zone.
3 . Title reference North Essex Deeds , Look 1315 Page 746 or
Certificate of Title No . Registration Book ;
Page
Applicant' s Signature :
Owner ' s signature arid address if not
Same as Owner the pp1 ' cant :
(Print Name)
r1
it"OJ V,A 41, Z,�
Applicant ' s Address :
Stephen J. Scully, Trustee
S.J.J. Trust
P. O. Box 302, Lawrence, MA 01842 n `, �--/// � ry
Tel . No . 508'-687-1433 aloa����Y! �� `/�/��� yC,
}
Received by Town Clerk :
REC�fiVEB
f TOLOSra
W14 CLERK
NflRTR 4; 0€iVER
vl R! '
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 . T e' North Andover Plann ' Board has d to mined t t aid plan
sh ws a u ivision , s defi ed by C L . c . 41 , s 81-L', and
mus th refo be r -submitte to i for ap ro al unde the
Subdi sion Con Law .
Very truly yours ,
NORT VER PLANNIN BOARD.
By
'' Date 2 d
1
� 1
I
I
iILI
i
4403
STEPHEN J. SCULLY, M.D.
(/
19�Q 53-117/113
✓
PAY
TOTHE //��/ •'
ORDER OF--. "'� veo ewe�_� I
+ UU
0� LAR.
ARLYNaaTow TRus!r Qi®MPAxY
LAWRZWOB.M OSAURusarrs
FOR _ _-.
40 L 130 1L 701: 4 86 it'
t
'Slass l'
Cp
TOWN OF NORTH ANDOVER
MASSACHUSETTS
au RE � BOARD OF APPEALS
A
I, lya111S February 6, 1976
NEER \®�v Stephen J. Scully
61 Essex St.
ffi za :a�2(e Petition No. 19-'75
Mr. John J. Lyons, Town Clerk
Town Building
North Andover, Ma.
Dear Sir:
A public hearing was held by the Board of Appeals on December 8, 1975 upon
application of Stephen J. & Diane L. Scully who requested a variance from the
requirements of Section 6.3 and fable 2 of the Zoning By-Law so as to permit
the addition of a bedroom as shown on a plan of land located at 61 Essex St.
The following members were present and voting: Frank Serio, Jr., Chairman;
William N. Salemme, Clerk; James D. Noble, Jr.; Louis DiFruscio; and Assoc.
Member, Walter Jamitkowski.
The hearing was advertised in the Lawrence Eagle-Tribune on Nov. 22 & 29, 1975
and all abutters were duly notified by regular mail.
The petitioner seeks a variance from the provisions of Section 6.3 (setback)
of the By-Law to allow an addition to his home. Table 2 provides that side set-
backs be 30 feet and the variance sought is 5 feet so that the setback will be
25 feet.
There was no opposition.
The Board, in reviewing the matter, deems that the variance can be granted pursuant
to Section 9.5 of the By-Law and deems that in granting the variance that it in-
volves a substantial hardship to the petitioner should they be required to build
in another manner; and, further, that relief may be granted without substantial
detriment to the public good and without nullifying or substantially derogating
from the intent and purpose of the By-Law.
Upon motion of Mr. Noble and second by Mr. Jamitkowski the Board voted unanimously
to GRANT the variance as requested.
Very truly yours,
BOARD OF APPEALS
CLn L
Frank Serio, Jr., Chairman
AEF;gb
�i
i 't;oft
OE��,.,..'•94
4 N� AvnaTM �70►
+ ;�,• 1855 ,;�•
ACFIUg '�
*rrv�r
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date . . Febr!2P47 6 r . 197 . . . . . . .
Petition No.. . 19-'.75. . . . . . . . . . . . .
Date of Hearing. Ixe4. .8,. .1.975. . . .
Petition of . . . Stephen. J.. ,Scully . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . 61. 3�seex.St... . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . .
North. Andover.Zoning.!Yy-14w . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit the addition.of. a .bedroom . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to .GIi9NT . . . . . the
Variance _ . . . . . and hereby authorize the Building Inspector to issue a
permit to .Stephen.J.. SQUlly. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the construction of the above work, based upon the following conditions:
Signed
Frank .Serio;� Jr.� .Ghaixman. . . . . . . . :
William N. Salemme, Glerk
James D. Noble, Jr. . . . . . . . .
Louis DiFrascio
Walter Jamitkowski, Assoc. Member
Board of Appeals
• (TO PLAINTIFF'S ATTORNEY: Please Circle Type of Action Involved:—TORT— MOTOR VEHICLE TORT —
CONTRACT—EQUITABLE RELIEF—OTHER.)
D
COMMONWEALTH OF MASSACHUSETTS
T
o ESSEX,ss. SUPERIOR COURT
CIVIL ACTION
No.
S Stephen J....Scully,. .. ...et als....... Plaintiff(s)
a .._.... .... _.............. ..... .......
s �
8 Michael Roberts, et als. ... Defendant(s)
'O
SUMMONS
To the above named Defendant: The Planning Board of the Town of North Andover
You are hereby summoned and required to serve upon .Paul L. Feldman, Davis, Malm & D'A9ostine
phtintffPs attorney, whose address is �..Boston Place, Boston....MA..02108. _.................., an answer to the
........... ..... ...........
complaint which is herewith served upon you, within 20 days after service of this summon upon you, exelu-
s �
8 sive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief de•
a
manded in the complaint. You are also required to file your answer to the complaint in the office of the Clerk
c
of this court at ...........Salem ................... either before service upon plaintiff's attorney or within a reasonable
time thereafter.
b
8 Unless otherwise provided by Rule 13(a),your answer must state as a counterclaim any claim which you
may have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the
plaintlfPs claim or you will thereafter be barred from making such claim in any other action.
a.
I �
2 kLDx°i3 WITNESS,Thomas R. Morse,Jr.,Esquire,at Salem,the 18th
xC)L day of April in the year of our Lord one thousand
s�l I�Jf( nine hundred and eighty- six
us
QA wiz �
Fin o
Z Clerk
NOTES:
1. This summons is issued pursuant to Rule♦of the Massachusetts Rules of Civil Praxdurel 1
2. When more than one defendant is involved,the names of all defendants should appear in the iii�rsie�fused for each
defendant.each should be addreuW to the particular defendant. n
SC15Form t
PROOF OF SERVICE OF PROCESS
I hereby certify and return that on ........................................................................... 198 , I served a copy of
the within summons, together with a copy of the complaint in this action, upon the within-named defendant,
in the following manner (See Mass. R. Civ. P. 4 (d) (1-5): 4
_...................................................--..._....................................................------------............._.............................._...........................
Dated: ' 198
N.B. TO PROCESS SERVER:—
PLEASE PLACE DATE YOU MAKE SERVICE ON DEFENDANT iN
THIS BOX ON THE ORIGINAL AND ON COPY SERVED ON DEFENDANT.
198
a
oz
Flo
Pk i 0 �
E Gd
Z a
5 xa �'° O
a c
z� Thr N�
OEn A
W
w �
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss. SUPERIOR COURT
C.A. NO.
STEPHEN J. SCULLY► DIANE )
L. SCULLY, JOSEPH A. SCULLY )
FRANCES M. SCULLY, JAMES )
F. SCULLY, MARTHA R. )
SCULLY, JOSEPH A. SCULLY, )
JR. , ROSEMARY SCULLY, WALTER)
DEMERS► LOIS DEMERS, JAMES )
WALKER, MARGARET WALKER, )
FRANCIS ROBERTS, JAMES )
O'SHEA, SUSAN O'SHEA, JOEL )
A. LIPOF, MELANIE R. LIPOF, )
BARBARA ABDINOOR, AND ) COMPLAINT
GEORGE ABDINOOR, )
Plaintiffs )
V, )
it MICHAEL ROBERTS, PAUL )
j HEDSTROM, JOHN JAMES, JOHN )
BURKE, and ERIC NITZCHE, )
as they are members of THE }
PLANNING BOARD OF THE TOWN )
OF NORTH ANDOVER; SANTO )
MESSINA, ANNE MESSINA, )
SALVATORE A. MESSINA, AND )
LAURIE MESSINA, )
Defendants )
INTRODUCTION
�i
i
1. Pursuant to G.L. c. 41, §81Y, the plaintiffs
i�
seek equitable relief and enforcement of the
provisions of the Subdivision Control Law (G.L.
c. 41, S81K et. seq. ), particularly G.L. c. 41,
S81P. Plaintiffs seek this Court to declare
null and void the action of the Planning Board
�I
of the Town of North Andover ( "Planning Board" )
approving and endorsing a plan of land dividing
ii property owned by defendants Santo Messina,
I I
i�
;I
Anne Messina, Salvatore A. Messina, and Laurie
Messina (hereinafter referred to as "Messina" )
into separate lots and indicating that approval
under the subdivision control law is not
required.
PARTIES
2. Plaintiffs Stephen J. Scully and Diane L.
Scully are tax paying inhabitants of the Town
of North Andover and reside at 808 Great Pond
Road, North Andover, Massachusetts.
3. Plaintiffs Joseph A. Scully and Frances M.
1
Scully are tax paying inhabitants of the Town
I! of North Andover and reside at 767 Great Pond
Road, North Andover, Massachusetts.
4. Plaintiffs James F. Scully and Martha R. Scully
are tax paying inhabitants of the Town of North
Andover and reside at 61 Essex Street, North
Andover, Massachusetts.
5. Plaintiffs Joseph A. Scully, Jr. and Rosemary
,i
Scully are tax paying inhabitants of the Town
�j
l of North Andover and reside at 777 Great Pond
�I Road, North Andover, Massachusetts.
6. Plaintiffs Walter Demers and Lois Demers are
tax paying inhabitants of the Town of North
li Andover and reside at 759 Great Pond Road,
I
,I
North Andover, Massachusetts.
-2-
i
7. Plaintiffs James Walker and Margaret Walker are
tax paying inhabitants of the Town of North
if
Andover and reside at 10 Bridal Path, North
Andover, Massachusetts.
8. Plaintiff Francis 'Roberts is a tax paying
inhabitant of the Town of North Andover and
resides at 35 Bridal Path, North Andover,
Massachusetts.
9. Plaintiffs James O'Shea and Susan O'Shea are
tax paying inhabitants of the Town of North
Andover and reside at 747 Great Pond Road,
North Andover, Massachusetts.
�1 10. Plaintiffs Joel A. Lipof and Melanie R. Lipof
are tax paying inhabitants of the Town of North
if
Andover and reside 412 Massachusetts Avenue,
North Andover, Massachusetts.
P A
li
11. Plaintiffs George Abdinoor and Barbara bdinoor
are tax paying inhabitants of the Town of North
Andover and reside at One Highwood Way, North
I
•� Andover, Massachusetts.
j12. Defendants Michael Roberts, Paul Hedstrom, John
1 James, John Burke, and Eric Nitzsche, at all
!� times relevant are members of the Planning
Board of the Town of North Andover which is the
{i
duly constituted board in the Town of North
�I
i'
'i
-3-
i
Andover to carry out the provisions of G.L. c.
41 S81K et. seq. , known as the subdivision
control law.
13. Defendants Santo Messina and Anne Messina
reside at 268 Massachusetts Avenue, North
Andover, Massachusetts and Salvatore A. Messina
and Laurie Messina reside at 129 Winter Street,
North Andover, Massachussetts. They are owners
of property located on a way currently known as
Winter Street, between Bradford Street and
Great Pond Road in North Andover (the
"property" ) . (These defendants will be referred
to hereinafter collectively as "Messina" . )
FACTS
14. On or about March 28, 1985, Messina had
prepared a plan of land entitled Plan of Land
in North Andover, Massachusetts, prepared by
i'
Andover Consultants, Inc. , dated March 28,
1985, purporting to divide the property into
seven (7) lots (the "Plan") . Attached hereto
as Exhibit A is a copy of that Plan.
i
15. On or about April 22, 1985, Messina presented
the Plan to the Planning Board seeking approval
of the Plan and the endorsement of the Planning
Board that the division of the property into
�j the lots shown on the Plan does not require
approval .under the subdivision control law.
'i
-4-
L
16. On or about April 22, 1985 the Planning Board
gave such approval conditioned upon Messina
entering into a covenant requiring, among other
things, the upgrading of the way shown of the
Plan known as Winter Street. Attached hereto
as Exhibit B is a copy of the letter agreement
and covenant given by Messina dated April 26,
1985 (the "Covenant" ) .
17. Minutes of the April 22, 1985 meeting of the
�i
Planning Board are required to be kept by the
Planning Board, but to this date the Planning
Board has not prepared such minutes of that
meeting.
18. The way known as Winter Street is not a public
way or a way that satisfies the Subdivision
Control Law or the Zoning Bylaw of the Town of
North Andover for the purposes of dividing a
tract of land without creating a subdivision as
ii
defined by G.L. c. 41 §81L.
i'
i 19. Winter Street is a narrow, dirt way, approx-
imately 9 feet in width. It is barely passable
by one car, and an open brook bisects the way.
iI
�i 20. Winter Street, as it existed in April of 1985
f and as it exists today, is not of sufficient
width, suitable grade, and adequate con-
. I'
it
-5-
I
struction to provide for the needs of vehicular
traffic in relationship to the proposed use of
the Property.
21. The endorsement and approval of the Planning
Board indicating that approval of the Plan
under the subdivision control law is not
required (or words of similar import) was an
improper act of the Planning Board and is
invalid.
is
22. The Covenant entered into by Messina, as
required by the Planning Board in consideration
I
j of the Planning Board' s approval and endorse-
ment of the Plan, exceeds the authority of the
i
I
Planning Board and is improper and invalid.
23. The attempt by the Planning Board through the
covenant to delegate to the highway surveyor
the determination regarding the upgrade of the
existing way is an inappropriate and invalid
delegation of authority.
i
WHEREFORE, the plaintiffs, hereby request that
this Court:
(a) enter a preliminary injunction restraining
defendants Messina from obtaining any building
permits with regard to the lots shown on the
Plan (Exhibit A to this Complaint) and from
constructing, altering, or otherwise modifying
the way known as Winter Street;
I'
Ii
-6-
ii
(b) determine that the action of the Planning Board
on or about April 22, 1985 with regard to
i; approval and endorsement of the Plan indicating
that approval under the subdivision control law
is not required (or words of similar import) ,
L
was improper, invalid and declare the Planning
Board's action to be null and void; and,
iI
(c) grant such further and other relief as it deems
i
Just and proper.
t'
STEVEN J. SCULLY, DIANE J.
SCULLY, JOSEPH A. SCULLY,
FRANCES M. SCULLY, JAMES F.
SCULLY, MARTHA R. SCULLY,
I' JOSEPH A. SCULLY, ROSEMARY
SCULLY, WALTER DEMERS, LOIS
DEMERS, JAMES WALKER,
j MARGARET WALKER, FRANCIS
ROBERTS, JAMES O'SHEA,
SUSAN O'SHEA, JOEL A. LIPOF
MELONIE R. LIPOF, BARBARA
ABDINOOR AND GEORGE ABDINOOR
j
t By their attorneys.
I Ij
4iangostine
auan
I /:bav' , Malm & D'Agostine
One Boston Place
Boston, MA 02108
(617) 367-2500
I
ti
-7-
EXHIBIT A
T II,M.p([1 Dx1..N. I9AA„WD WIDTH) STREET.
WiN•E� Dxlwl N !r!6!1•Y "1 1T.N DNlwl DN MI ///Dxlwl f - - -�. d•...wA Nr� l�.:,
yy ttb' Dxlwl
"' nnlxll 11 9TH:!!M A3 1l9� INB1 Sr "y! !>~M N p6TY N E!lYIN01 HI)ND.
A.T.oa w - SII 4 N N(afvy: n.ti, -i0l Yi IMW rolK i P ." �F DIi1M1
[b. NO2' 29D0' r�ui 1
� � �f•� �•�! ..�( IMW (DTAI ro)Hl 2Y)•!•TpTAt ��^�
A•- I1.Lnl .. yIY: uu latl • Is9•!' TDIAL � J
l 8296
Dn111114^'8'� TylT1
/ t CNlglb•rl.pli.
WNr)S/ Isi3ON 69 .22.910 so IwAmLj msss - x N5,9253F NOTE ZONMIfs USTRMT R-2
I w n• uNrzyl IID.x)I!f � onarl
sol r v WRnI AMOVER.PLAM9MD"D
/ i9Mix.)s. e
1Nfl PIAN DDI! MTq[gANs M
`4„ A� ArseDlrc rr M NORTH ANINIVYII
f.•)� 0.MIN2+A
nn Nral DI _ d 6NN1 e)M919N9DA
.5.��
= aIl9IN
d Hw s a`ANryNN(
T,Ie ADUK YNpunlFWMtMT n NOT A
DROw�INNG R A 11011NTO,rANct
R p yr
nH Har , _
y D
if y.
M tIA
9c1aNk el
OHHHII
NJppI
raw..-n.nq.aN. _�\ .! • .OM IAIAI X 'Z,"�/
r,
sat
w91w
AID
Iwr
pNINAI-
I NO �'� -DN4•
AwrN1 A•AINNw.A �
' 1 Ifl m CeRrlrr THAT WHO
Gp 1PLAN
u"TTIiOWI OF MMFORMIll TO M999A`a`T[le Q
OHNmI- . I OEM OF MABRA09 its.
s w��
��1• I V NN[�TMNW�KI�1pYVM:.:IO"'Y+IM»-I
. / OHIa9 • I M oawnlwwsawcaNllls.xw
a
PLAN N LAND
NORTH MOYMN .M"S
AnA.w.lsN9.ew :� scam.I'.00' Deb Minch 20,19ss
r DH/wu 'b RIEAIMm IDR sono•" Fuil Aiwo
1
llu.wmN A•LAUPK N•9910A
s "Nlw w HN1s F"EftmEU O9 -
I
It
t ONI1- , e! IMD7'A. ± mlwdlwN9 4`
M
.. - •w.aeeT"'''..aAN9D.NNN Dwa.n •"IT,
• DM�' b Im no R. •.
/RYrI M MRNM 11ONAY
r� I inn
EXHIBIT B
Town of North Andover
Main Street
Borth Andover, Ma. 01845
Re: Letter Agreement
Winter Street
Located between South Bradford Street
and Great Pond Road
T0: Inhabitants of Town of North Andover
We, the undersigned, as record owners of land located on Winter
Street in North Andover between South Bradford Street and Great Pond
Road agree that if we or our successors or assigns develop this land,
then at our expense we will upgrade this portion of Winter Street.
within the physical constraints of existing conditions in order to
provide better access to our property, and further, that we will
comply with the reasonable requests of the governmental bodies and
agencies of the Town of North Andover who have the authority to
regulate the upgrading of streets.
DATED: April 26, 1985 �l`, �,
+ SANTO ME SINA
ANNE MESSINA
A VATO E A. MESSINA
LAURIE MESSINA
COVENANT
11pri 1 26, 1985
North Andover, Massachusetts
KNOW ALL MEN by these prisents that the undersigned has submitted a plan
pursuant to Massachusetts Ger.iral Laws Chapter 41, Section 81-P, requesting that
said plan have the endorsement of the Ptanning 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 the county
of Essex,. Commonwealth of Massachusetts endorsing said plan that approval under
the subdivision control law is not required, the undersigned hereby covenants
and agrees with the inhab:tants of the Town as follows:
1. That the undersi!•nec are the owners in fee simple absolute of all
the lard includec on said plan and that there are no mortgages of
recor . r otherw• se on any of the land.
2. That the undersi•. ned will not apply for a building permit nor erect
or place any pen anent building on any lot until the construction
of ways and 'inst. 11ation of municipal services necessary to adequately
serve such lot h, s been completed in accordance with the covenants ,
conditions, agreLments, 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 service
b. Certificate from the Board of Public Works that sufficient hydrants/
have been provided to service the lo.ts on this plan.
However, a mortgagee who acquires title to the mortgaged premises
by foreclosure or otherwise and any succeeding owner of the mortgaged
premises or pate thereof may sell or convey any lot, subject only
to that ports m of this covenant which provides that no lot be sold
or conveyed or .•hale be built upon until ways and services have been
provided.
M
( Page 1 of 3 )
' That this covenant shall be binding upon the executors, administrators ,
devisees , heirs, successors and assigns of the undersigned and shall
constitute a coven^nt running with the land included in the subdivision
and shall operate a-' restrictions upon the land.
4. That particular lots within the plan shall be released from the foregoing
conditions upon the --ecording 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 :hall be deemed to prohibit a conveyance by a
single deed subject -o 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 undersigned agrees to record this covenant with the Essex
North District 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 Plan as approved.
7 . A deed of any part of the plan in violation of the covenant shall
be voidable by the grantee prJor 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 th%. planning Board and shall take effect upon the enforce-
ment of approval .
9. Upon final completi•,n of the construction of ways and installation
of municipal servic ,s as specified herein, on or before June 30, 1988,
the Planning Board hall 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, stall result in automatic rescission to any lot,
the PrannoIng Boerd way release such lot from this covenant by an appro-
priate instrument duly recorded.
10. Nothing herein shall prohibit the applicant from varying the method
of securing the construction of ways and installation of municipal
services from time to time as long as such security is sufficient
in• the opinion of the Planning Board.
For title to the property see deed from Santo Messina and Anne Messina
o Santo Messina , Anne Messina, Salvatore A. Messina, and Laurie Messina, dated
3vemter 20, 1984, and recorded in the Essex North District Registry of Deeds
n Book 1896, Page 49.
( Page 2 of 3 )
J
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
26th of April , 1985.
SANTO MESSINA
ANNE MESSINA '
ALVATE A. MESSINA
LAURIE MESSINA
Acceptance by the Planning Board
of North Andover
( Page 3 of 3 )
a
w
ce_iyg�- by, Town Clerk :
FORM a
APPLICATION FOR ENDORSEMENT OF PLAN
BELIEVED NOT TO REQUIRE APPROVAL ks
August 6
n � g • , 19 90
To the Planning Board of the Towrt of North Andover :
The undersigned wishes to recordt the accompanying plan and requests a
determination by said Board that approval by it under the Subdivision
Control Law is not required . undersignedThe' believes that such
is not required for the following reasonsuc approval
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 , Great Pond Road kj
7 PM
shown on Assessors' Map 103, parcel 20, 116 and 117, and as shown
on the accompanying "Plan of Land in North Andover, Mass.", dated
July 10, 1990, by Hayes Engineering, Inc. ; owner: S.J.J. Trust,
Stephen J. Scully, Trustee-
2 . The division of land shown on the accompanying plan is not a sub-
division for the following reasons :
The proposed lots have adequate frontage on an existing public
way, and area for the R-1 Zone.
3 . Title reference North Essex Deeds , Book 1315 Page 746 or
Certificate of Title No . Registration Book ;
Page
Applicant ' s Signature:
Same as Owner Owner ' s signature and address if not
the ppl ' cant -
(Print Name) V
Applicant ' s Address :
Stephen J. Scully, Trustee
S.J.J. Trust Lam^ 3d�L
P_ 0. Box 302, Lawrence, MA 01842
Tel . No. 508-687-1433
' Received by Town Clerk :
'a
it
I " 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 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 BOARD
By :
Date :
I
4403
FFOR
LLY, M.D.
7/ O 53-117/113
J 79�
T Comp"y
umusims
l:0 & 130Li401: 4 B6 11'
t
cei:yk- Py Town Clerk :
FORM A
APPLICATION FOR ENDORSEMENT OF PLAN
BELIEVED NOT TO REQUIRE APPROVAL
August 6, , 19 90
To the Planning Board of the Town of !forth 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 . Tire' undersigned believes that such approval
„is not required 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 , Great Pond Road ,
shown on Assessors' Map 103, parcel 20, 116 and 117, and as shown
on the accompanying "Plan of Land in North Andover, Mass.", dated
July 10, 1990, by Hayes Engineering, Inc. ; owner: S.J.J. Trust,
Stephen J. Scully, Trustee.
2 . The division of land shown on the accompanying plan is not a sub-
division for the following reasons :
The proposed lots have adequate frontage on an existing public
way, and area for the R-1 Zone.
3 . Title reference North Essex Deeds , Book 1315 Page 746 or
Certificate of Title No . Registration Book ;
Page
Applicant' s Signature:
Owner ' s signature acid address if not
Same as owner the ppl ' cant :
(Print Name) � v
Applicant ' s Address :
Stephen J_ Scully, Trustee
S.J.J. Trust &a,
P. o. Box 302, Lawrence, MA 01842
Tel. . No. 508-687-1433 �wK _��'1 al V��7
Received by Town Clerk :
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 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 PL,ANNI_NG BOARD
By :
Date :
p
h J
L4403
-
1:0113OLL ?01:
SCULLY, M.D.
? 53-117/113
.J 79�
AA R SusT CompA TY
mseoausmws vel1:0113011404 4
t
Oversized Maps on file with the Town