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MAZURENKO, NELLIE
A1lFrvV_I� �A]L OL r7IEWAK�+I}-py� > r Ci48_� Pe+3 3 ,>F i isTk t ivc�v x Ip T3 � LI�V✓M!\Gig �YL�` ^^ t� w.Z'�'+LJ .l� M'St�� �+Y� �`� R -r-�.. " W �ATf. L> • �s r , ha�r <..:jj K � \ Kb.. T.p t`YX A £",ex ''r :1, S ,"°{ Kf^�< sti s ."�d i-:.�.ri� .Bp�QSTON.'MA 02109 i"�^.� -- r• � � .. '. .irt'°. � �1 ..�-(f:��r a 4 A... 'C.a f� 'i'. r:� 1<y 'f, r .. Q .�.,. :' ,.t u�- - � Et4°{"�watr'db.}a i s � y,�,a i.Yi 1�:i!Ti� k y v♦ • - a+ �. lk fis y � -., s-a C'• x � z � "..y i >r iice. �" °�-� a� .s.; V. -' w �•'�y„.��, i _ - t y2A4�f1.:s is {a'fi�.fPi w. 'f- � �t�. .�s� S� �''x"Fi°. �- �L c tr °.�>� M f. l -w � Nadw.r §y ,.. ,yf5 "�3,x A :;. � A f� ;�y � ,.. �1.-� 'mss �r '.: ,YCr•'O"" ',dei--{[r"��7�� f 'ei �vS Ca .ri'`�yy ��+Y�.k'T: .,, �,Y3� 5'' of-. '`� E � .� � •�,..,s� t �a .-a_t i"°it ..T..,G ��"i�"� E.,�yx' .�� Z'. � x*-,._.t � ^.1,<�,♦f ya „wr t - a y s } SPL t CHOATE HALL & STEWART A f S EXCHANGE PLACE .� 53 STATE STREET - ' - • x` � r�f,�4w� BOSTON, MASSACHUSETTS 02109 r� q Conservation ConmiSsion C/O Town Clerk *: tea. v S L Tarin of North Andover North Andover Town Hall Y 120 t •:��,;..� ``:'��'=. • Iain Street i NorthAndover, 01845 �✓l'{ i� 45.�'f.rSf •_�Y'Y1S^p -5-{ < MA �, � .,r,�•}���.���fkw.��.-��=->'. ,;-Y ,a5��k� � t f r��,^•> r.rf� e�K•e7' �"3r� �f'asie � .. ,���J,. y�°"q'rwSM`Z' � - F'`.J�,m'� �µp, .t. ta� � � ��k•-�•t� ✓ f',�..w �. c.'6 `� '"' � E Y w �✓'k �.• H �5'r+F�r `7, r y��`i.� Jrer �-. u�;,�y.. �� +F t*•_ ° �� '�' �+y. Ott ; �.. rywhC .. . ry.A yam,v r. _N•. .q _... a x. i...r�- 'ybwc..1� a +�y l� r r z,•v ♦i+ yam, :.• 3�f,-�s�'�5.;�� - ^N..�r• - �- hs ExhiWA " From the Office of: i i r t STANDARD FORM HOFFMAN & HOFFMAN PURCHASE AND SALE AGREEMENT 44 School Street Boston, VA 0210f.• 523-0666 This day of MARCH 19 87 1. PARTIES (fill in) Nellie Mazurenko of hereinafter called the SELLER,agrees to SELL and ' Donald Cohen of 68 Leonard Street,, Belmont, MA 02178 hereinafter called the BUYER or PURCHASER, agrees to BUY, upon the terms hereinafter set forth,the following described premises: Approximately 106 acres fronting on Great Pond Road, North Andover, Essex County, Massachusetts, being substantially 2. DESCRIPTION the same premises as shown on a copy of the Assessor's map for the Town (fill in and include title reference) of North Andover attached hereto and marked Exhibit "A." 3, BUILDINGS, STRUCTURES, and the fixtures belonging to the SELLER and used in connection therewith incl , e venetian IMPROVEMENTS, blinds, window shades, screens, screen doors, storm windows awnings, shutters, furnaces, FIXTURES heaters, heating equipment, stoves, ranges, oil &odAPv4fflrrffrR and fixtures appurtenant thereto,hot water heaters, plumbing and bathr , e ectric and other lighting fixtures, mantels, outside television (fill in or delete) antennas f , ees,shrubs,plants,and,if built in,air conditioning equipment,ventilators,garbage bet exeluding 4, TITLE DEED Said premises are to be conveyed by a good and sufficient quitclaim deed running to (fill in) the BUYER, or to the nominee designated by the BUYER by written notice to the SELLER A least seven 'include here by specific ------7------- days before the deed is to be delivered as herein provided, and Will deed shall reference any restric• convey a good and clear record and marketable title thereto, free from encumbrances,except tions,emernents,rights (a) Provisions of existing building and zoning laws; and obligations in parry (b) Existing rights and obligations in party walls which are not the subject of written agreement; walls not included in (b), (c) Such taxes for the then current year as are not due and payable on the date of the delivery of such leases,municipal and deed; other liens, other encum. (d) Any liens for municipal betterments assessed after the date of this agreement; brances,and make pro- vision to protect Any title matter arising under this 'Agreement which is the subject SELLERagainst of a Massachusetts Conveyancers Association standard at the time BUYER'S breach of for delivery of the- deed shall be governed by said title standard SELLE•R'Scovenants in leases, where to the ,extent applicable. necessary. 5, PLANS If said deed refers to a plan ni!t:essary to be recorded therewith the SELLER shall deliver such plan with the , deed in form adequate for recording or registration. 6, REGISTERED In addition to the ldregoing, if the title to said premises is registered, said deed shall 6e In Form sufficient to TITLE entitle the BUYER to a.Certificate of Title of sold pretnises, and the SELLER shall dellver with said deed all instruments,it any,necessary to enable the BUYER to obtain such Certificate of Title. 7, PURCHASE PRICE The agreed purchase price for said premises is Two Million, Seven HtmUed Thirty*Five (fill In),-space is Thousand, Five Iitatdzed and 'Thirty Seven ($2,735x537.00) dollars, allWhael► allowed to write out the amounts $ if desired $ lips 4a be paid -4 4he timis of vielivepy a! lhii 'Ifted in 0911111s lay BMW i (provide for pay ment by certified * as set forth in paragraph 32 hereunder. or Banks Check $ acceptable ,if to the SELS 2,735x537.00 TOTAL SELL r required) tCOPYRIGHT T t 84 ,. O 19 8, 8 All 1 This ► rm may not be copled or reprodueee In. .� A rights is n port I o y P - GREATER BOSTON REAL ESTATE BOARD whore w In port In any manner whatsoever without the txlor ai- press written consent or the Greater Boston Real Estate Board. Tp r TIME FOR Such deed is to be delivered* O'eieek AA,.@,Fi !he- - day a' ' PERFORMANCE; * as set forth in paragraph DELIVERY OF 32 hereunder 119 DEED (fill in) It is agreed that time is of the essence of thi! agreement. 9, POSSESSION and Full possession of said premises free of all tenants and occupants, except as herein provided, is to bt CONDITION of delivered at the time of the delivery of the deed,said premises to be then(a) in the some condition as that PREMISES, now are, reasonable use and wear thereof excepted, and (b) not in violation of said building and zonint (attach a fist of laws,.and (cl in compliance-with the provisions of any instrument referred to In clause 4 hereof. Th, exceptions,if any) BUYER shall be entitled to an inspection of said premises prior to the delivery of the deed in order tt determine whether the condition thereof complies with the terms of this clause. 10. EXTENSION TO If the SELLER shall be unable to give title or to make conveyance,or to deliver possession of the premises PERFECT TITLE all as herein.stipulated, or if at the time of the delivery of the deed the premises do not conform with tN OR MAKE provisions hereof, PREMISES CONFORM unless the SELLER shall use reasonable efforts to remove any defects in title,or to deliver possession a (Change period of provided herein, or to make the said premises conform to the provisions hereof, as the case may be, it time if desired) which event the time for performance hereof shall be extended for a period o sixty (60)-------------days. •11. FAILURE TO If at the expiration of the extended time the SELLER shall have failed so to remove any defects in title PERFECT TITLE deliver possession, or make the premises conform, as the case may be,all as herein agreed,or 1f at any tim, OR MAKE during the period of this agreement or any extension thereof, the holder of a mortgage on said premise PREMISES shall refuse to permit the insurance proceeds, if any, to be used for such purposes, then,at the BUYER': CONFORM, etc, option, any payments made under this agreement shall be forthwith refunded and all other obligations o all parties hereto shall cease and this agreement shall be void without recourse to the parties hereto. 12. BUYER'S The BUYER shall have the election,at either the original or any extended time for performance, to accep ELECTION TO such title as the SELLER can deliver to the said premises in their then condition and to pay therefor th, ACCEPT TITLE purchase price without deduction, in which case the SELLER shall convey such title, except that in th- event of such conveyance in accord with the provisions of this clause, if the said premises shall have beet damaged by fire or casualty insured against, then the SELLER shall, unless the SELLER hat previousl- restored the premises to their former condition,either (a) pay over or assign to the BUYER,on delivery of the deed, all amounts recovered or recoverable of account of such insurance, less any amounts reasonably expended by the SELLER for any partie restoration,or (b) if a holder of a mortgage on said premises shall not permit the insurance proceeds or a part thereo to be used to restore the said premises to their former condition or to be so paid over or assigned give to the BUYER a credit against the purchase price, on delivery of the deed, equal to sai, amounts so recovered or recoverable and retained by the holder of the said mortgage less an, amounts reasonably expended by the SELLER for any partial restoration. 13. ACCEPTANCE The acceptance of a deed by the BUYER or his nominee as the case may be, shall be deemed to be a ful OF DEED performance and discharge of every agreement and obligation herein contained or expressed,except such a are,by the terms hereof, to be performed after the delivery of said deed. 14. USE OF To enable the SELLER to make conveyance as herein'provided, the SELLER may,at the time of deliver•. PURCHASE of the deed, use the purchase money or any portion thereof to clear the title of any or all encumbrances r MONEY TO interests, provided that all instruments so procured are recorded simultaneously with the delivery of sai• CLEAR TITLE deed. 'insert amount Type of insurance Amount of Cover (fist additional types of insurance (a) Fire $ and amounts as (b) Extended coverage agreedl (c) 1.6. ASSIGNMENT OF Unless otherwise notif' sting by the BUYER at least seven days,before th INSURANCE time for o the deed, and unless prevented from doing so by the refusal of the Insurance con (delete entire clause s involved to issue the same, the SELLER shall assign such Insurance and deliver binders therefor i if insurance ' proper form to the BUYER at the time for performance of this agreement. In the event of refusal by ti ignedl insurance company(s) to issue the same, the SELLER shall give notice thereof to the BUYER at least tw bugimeso days Wism-114W4WO Wit Pill 400 18 080.81 Wil -1 , �iC, iJUSTMENTS water and dirt operating ex- sewer use charges, penes,if any,or and taxes for the then current year, shall be apportioned as of the day of attach schedule) performance of this agreement and the net amount thereof shall be added to or deducted from,as the case may be,the purchase price payable by the BUYER at the time of delivery of the, deed. Poky 18. ADJUSTMENT If the amount of said taxes isnot known at the time of the delivery of the deed; they shall be apportioned OF UNASSESSED on the basis of the taxes assessed for the preceding year,with a reapportionment as soon as the new tax rate AND and valuation can be ascertained; and, if the taxes which are to be apportioned shall thereafter be reduced ABATED TAXES by abatement, the amount of such abatement, fess the reasonable cost of obtaining the some, shall be apportioned between the parties, provided that neither party shall be obligated to institute or prosecute proceedings for an abatement unless herein otherwise agreed. 19. BROKER'S FEE (fill in fee with °_ el.._ e__— the ear. , GR is dollar amount or percentage;also name of Broker(s)) OW 4@pppil a! oloWso, no- made hereunder by the BUYER, said Broker(s) shall be anti i an amorrne equal to one-half the am aunt equal to the broker's Yee for professional services 20. BROKER(S) WARRANTY (fill in name) 21. DEPOSIT All deposits made hereunder shall be held in escrow by Andrew M. Gradzewicz Esq., l (fill in,or delete subject to the terms of this agreement and shall be duly accounted for at the time for performance of this reference to agreement, 'broker(:)itPaRrAing given h-' . Said deposits shall be SELLERholds held in a money market bank account with interest paid to the Buyer, deposit) said interest to. follow'the deposit in the event there is np closing. 22. BUYER'S If the BUYER shall fail to fulfill the BUYER'S agreementCherein, all deposits made hereunder by the DEFAULT; BUYER shall be retained by the SELLER as liquidated damages DAMAGESall Moe i lles we shall constitute the Seller's sole and exclusive remedy at la or in equ t See sn 1�ara raph 40 for additional provisions reative to die osits anderaulL . 23. SALE OF PERSONAL list for the price of $ and the SELLER agrees to deli uPo� PROPERTY delivery of the deed hereunder, a warranty bill of sale they f o said price.The provisions o (fill in and attach this clause shall constitute an agree apart from the provisions herein contained will list or delete respect to the re ny reac�ofthe erms and conditions of this clause shall have no effect or entire clause) • s 24. RELEASE BY The SELLER'S spouse hereby agrees to join in said deed and to release and convey all statutory and othe HUSBAND OR rights and interests in said premises. WIFE 25. BROKER AS PARTY mere 26. LIABILITY OF If the SELLER or BUYER executes this agreement in a representative or fiduciary capacity, only th- TRUSTEE; principal or the estate represented shall be bound, and neither the SELLER or BUYER so executing,no SHAREHOLDER, any shareholder or beneficiary of any trust,shall be personally Ilable for any obligation,express or implied BENEFICIARY,etc, hereunder. 27. WARRANTIES The BUYER acknowledges that'the BUYER has not been influenced to enter into this transaction nor ha AND REPRE• he relied upon any warranties or representations not set forth or incorporated in this agreement or prr SENTATIONS viousiy made in writing,except for the following additional warranties and representations, if any,made b MY inh if none, either the SELLER or the Broker(s): )ZONE state"none';'if any listed,indicate by whom each war- rarity or represen- tation was made DC a { CONSTRUCTION This instrument,executed in quadrttnl I rat•o is to be construed as a Massachusetts contract;,is OF AGREEMENT to take effect as a sealed instrument,sets forth the entire contract between the parties,is binding upon arld "delete"triplicate" enures to the benefit of the parties hereto and their respective heirs, devisees, executors, administrators, and substitute successors and assigns, and may be cancelled, modified or amended only by a written instrument executed 'quadruplicate" by both the SELLER and the BUYER. if two or more persons are named herein as BUYER their oblige. it required tions hereunder shall be joint and several. The captions and marginal:notes are used only as a matter of convenience and are not to be considered a part of this agreement or to be used in determining the Intent of f' the parties to it. i a' 79. LEAD PAINT The parties acknowledge that, under Massachusetts law,whenever a child or children under six years of age LAW resides in any residential premises in which any paint, plaster or other accessible material contains danger- ous levels of lead, the owner of said premises must remove or cover said paint, piaster or other material so as to make it inaccessible to children under six years of age. F 30. ADDITIONAL The initialed riders.igany,attached hereto,are incorporated herein by reference. PROVISIONS containing paragraphs 31 through 42 i i= i f SELLER LLE MAZU N " 1 BUYER DONALD. COHEN ' j i . I s EXTENSION Date The time for the performance of the foregoing agreement is extended until o'clock M.on e day of 19_, time still being of the essence of this agreement as extended. In other respects,this agreement is hereby-ratified and confirmed. This extension,executed in triplicate,— is intended to take effect aha sealed instrument. SELLER (or spouse) SELLER BUYER BUYER Broker(s) S {tom yl. p,F•3,. \_ /, �boa / .. 1 - *. tc~•.43tc � :c�.,:st e q h� 7's tl i 44 '.asi �-��c...,,_// � ipi >,.-ilikySar2+1- ::a-, F,n•xr, y i tui � .Ji 55 to �..../ c•:li ?tp c.was'f.a r -.: ,i a ! M ^ 3NV.l.,,q,*x!l� ys•e�. 9�f=,Fs•e. {sy6L¢ or, t ff, Cr ff L: hS11 y ! J(,!'r., f1 4 :o ate:. i.•r%11 to f _ rajr;� lcc,sc>ra:o• 1`6 pt O rig i�' Ry�p�i' .:til Es f�: _._ -�.r9.r.9r..• S Cr]L .gba ayT •� j•�i.Fri 'ZP Sia; wt,•c,It of yV Aj M p 1p •ra fl • _ •L Llp�l 0� i1;i'3M pS: - . E-+. ,t YW ppt,', . .Y c t •..7t 0 .. • �' 'h• ?i �'`,�:f. �}`Cosi 0.0 rYr � hirci , S�• a � 5J � �Y _ ?S713N _ os� ._ Wv1rnM [x7 - k t it 1•. MK a7 SL3 ao 61 .{.,�.... - - iy _. . . '' .2?i•sfa .k 'i..y a �%va.� fill. •.• 4 . ,1 Ore...t stn•;1_ of T4 � ;�.� _.: _ f f arhy�r � � j� i •".. _ 477 n14ac•i'aa lot 12 •.1•l t'••yk'ri:s .rc7:l•.r .�'.... ' �� N d�� ft 133N15 : +� e F RIDER TO PU�RC,JIASE AND SALE AGREEMENT DATED MARCHd,&* , 1987 BY AND BETWEEN NELLIE- MAZURENKO AS SELLER AND DONALD COHEN AS BUYER (31) Conditions. Buyer's performance hereunder is contingent upon Buyer obtaining, from all regulatory agencies of the Town of North Andover and the Commonwealth of Massachusettes all permits and approvals required for a single-family subdivision with a minimum of 50 lots, including all permits and approvals required for constructions of roads and utilities serving the subdivision under the applicable local laws concerning. zoning and subdivision approval as are in effect at the time of execution hereof. Should the number of lots approved by the Town of North Andover be fewer than 50, the Buyer may either, at his option, purchase the property under the same price and conditions as set forth in this Agreement , or cancel this Agreement, in which case the Buyer shall give written notice to the Seller wherein the Buyer' s deposit and accrued interest shall be returned to Buyer, and this Agreement shall be null and void without further recourse to the parties hereto. In seeking approvals for single family subdivision, the Buyer shall proceed expeditiously and diligently to apply for and obtain the necessary permits, and Buyer shall diligently seek to obtain the highest number of lots allowed by the Town of North Andover. Buyer shall file a preliminary subdivision plan as soon as possible so that the one ( 1) acre area requirement of the current North Andover Zoning By—Law is preserved (grandfathered) for the property . (32) Purchase Price — Payment. The parties agree that the purchase price of 'Two Million, Seven .Hiindred and Thirty Five Thousand, Five Hundred and Thirty . S ven (S2 735,537.00) Dollars set forth in paragraph 7 above s paya a as oflows: $509000.00 have been paid as a deposit this day; (a) On the forty—fifth (45th) day next following the issuance by the Town of North Andover of a release of not more than twenty (20x) percent of the- building lots in the subdivision in accordance with the Town 's phased development schedule in effect at the time of execution of this agreement, subdivision approval having been obtained and all appeal periods having expired as set forth in paragraph 31 above, and in no event later than November he 1S 1988 the Seller shall deliver a deed to the Buyer at t. s a � Y s offices of Hoffman & Hoffman, 44 School Street, Boston, Massachusetts, 02108 (unless otherwise agreed upon in waiting by the parties) in full consideration of $2.,735,537.00 of which the sum of $950,000.00 shall be paid at that time by bank check, and the balance of the purchase price paid by an intereat bearing promissory note of the buyer secured by a first mortgage of the 2 Property,P y, but there shall be excluded from the mortgage not more than fiveForm "A"5 lots among the lots released b ( ) Y the Town. (h) The further 3, of .$1, (Principal) and $173,554.00 (Interest000,000. 00 consisting of $826,446.00 5 upon the issuance of the release ) shall be paid by the buyer to seller (but not moreb' the 4�m of North Andover of the next phase than subdiv,sion, (but not later than Ne�rnber 15, 1969) att of the lots in thewhich time the seller shall e.�c�cute a the mortgage as to the phase being released by the sown but Partial lease of (5) Form "A" lots. not more than five ` (c) The last installment of $1,000,000.00 a $90,909 (Interest) shallthe 9 of $909,091.00 (Principal) issuance of the release by the from of Ntorthb�r to the seller IPM the subdivision (but not later than r of the next phase of the esa?cute and deliver a dis r 15 1990) at which time the seller shall charge of the mortgage, The note and mort8e$e securing Of the purchase price shall contain the .balance of the mortgage shall be due on the sale n the Property that thenotea third party (excluded , he Property by the buyer to br_ the buyer to a is a first sale of the trust cc the buyer) . Property Partial releases from the Seller to the Buyer delivered with the 'payment of the first two installments shall contain provisions whereby the Seller shall retain rights of was from her remaining land to any and all and Great Pond Road) public ways (BradfordyStreet' right to connect . to andduseeanytandthe all water and sever mains ' property, together with the (. telephone, electric and cable TV lines serving that Property being conveyed. to the Buyer. Part of the (33) ' Fina, n , Bu commercial lender for a mortgageer gofenotmore than fifty promptly apply to a i percent of the � � pe purchase price - to be amortized over notlessthan years at the prevailing prevailing at the time Ofcommitmentnortthe ssigningandtof�thenterest mortgage note (including Points). effort, is unable to obtain financing onthe above named If . termser. after on. nt other obligation or before May n 19879 all monies shall be returned and all shall be void ans of all parties shell cease and this agreement d without recourse to the Parties provided, however, that the Buyer shall notifythehSeller in writing of his inability to obtain sold finan 12:00 noon on a cin aid date, all in accordance with then or before Paragraph u hereunder. Failure to so notify shall -constitute waiter hf Bu Provisions of after a diligentgof all rights under this paragraph. If Buyer, effort fails to obtain a letter of commitment by May 11 ► 1987 at 12:00 noon from Diversified Financial Trust of Boston*l nders..husetta, BUYER shall not be obligated to apply to other lenders. PP y - 3 (34) Access. Buyer and Buyer' s agents shall have access to the site throughout the term of this Agreement for the purpose of facilitating the approval and permit processes, 'including but not * limited to survey, soil testing and wetlands investigations. Buyer and Seller agree that the Buyer shall indemnify and hold Seller harmless against any liability or expense due to injury by the Buyer or his agents while on the property. Buyer agrees to restore the land to the condition existing before any such ' survey , testing and investigations. (35) Closing Documents. Seller shall execute and deliver an affidavit to the Buyer and to the Buyer' s mortgagee and/or title insurance company (if requested) that no -work has been done on the premises which would entitle anyone to claim a mechanic ' s, lien or to file a notice of contract relating to the premises., and further agrees to execute such documents as are reasonably required by Buyer 's mortgage lender to consummate the transaction. (36) Escrow Agent. The Escrow Agent shall account for the deposit in accordance with the terms of this Agreement. In the event of a dispute, the Eocrow Agent may pay the deposit into a court of competent jurisdiction pending. resolution of the dispute and , upon such payment , the Escrow Agent shall have no further liability for the deposit or interest thereon. The Escrow Agent shall not be liable for any act or omission made or omitted in good faith. (37) Conditions. The obligation of Buyer to complete the .purchase is further subject to satisfaction of the following conditions precedent (unless waived in writing by the Buyer) :; (i) the premises shall not be in violation of any of the provisions of the applicable Zoning Ordinance in effect on the date of execution hereof, or of any. of the provisions of ` applicable subdivision control laws, building laws, ordinances and regulations or fire, safety , environmental and health laws, ordinances and regulations; (ii) the premises shall be free from the presence of toxic wastes or other hazardous ,materials such as - would give rise to a lien under Chapter 21E of the General Laws of the Commonwealth of Massachusetts; (iii) the premises shall have adequate unencumbered access to water, sewer, electric and telephone service located on a public street; (iv) the Buyer shall have received at Buyer 's expense a current on-site survey showing no encroachments to or from the premises, compliance with zoning, access to utilities and to public streets (Buyer shall promptly order all required survey and title work) ; Buyer _shall within one hundred eighty ( 180) days of the "date hereof , review the premises and their conditions and conduct an appropriate to satisfy an concerns he round curve of the premises so as y Y g Y may have relative to the above listed conditions precedent relative to the premises Buyer shall also completelete his ' examination of the title and determine within said one hundred ; ! eighty (180) days of the execution of this Agreement whether 7�C 4 Seller 's title meets the conditions set forth in Paragraph 4 of the main body of this Agreement. Buyer shall. be deemed to have waived all rights he may have as to' breaches of any of said conditions precedent and as to defects existing in Seller' s title unless within one hundred eighty (180) days of the date hereof he notifies Seller of the title defects and of the conditions precedent breaches in the manner provided in paragraph 39 of this Agreement, but excepting herefrom any such matters arising after the date of said notice. . (38) Buyer' s Responsibilities. In addition to the obligation contained elsewhere in this Agreement, it shall be Buyer' s duty and responsibility, at his sole cost and expense to perform all additional engineering, planning, testing and related activities necessary or desirable to effectuate this Agreement from the date hereof to the ultimate date of purchase. Buyer agrees to use his best efforts in this regard. Seller shall reasonably cooperate with Buyer in this process to the extent necessary and provided Seller does not incur any significant expense in such cooperation. Seller hereby authorizes Buyer to act as her agent in applying for the approvals and permits i contemplated herein , including without limitation, subdivision approval. (39) Notices. Unless otherwise specified herein, any notice to be given hereunder shall be in writing and signed by the party or the party's attorney and shall be deemed to have been given (1) when delivered by hand, or (b) when mailed by registered or E. certified mail, all charges prepaid , addressed: � s In the case . of Buyer, to : Donald H. Cohen 68 Leonard Street � ! Belmont, MA 02178 t with a copy to Buyer 's Attorney: Maury Kelley Soule* Esq . Hoffman & Hoffman 44 School Street Boston, MA 02108 In the case of Seller, to: Nellie Mazurenko with a copy to Seller's Attorney: Andrew M. Gradzewicz, Esq. 114 Newton Street Lawrence, MA 01843 683-1050 By such notice either party or such party' s attorney may notify the other of a new address, in which case such new address shall be employed for all subsequent deliveries and mailings. (40) Deposits and Default. In the event of Buyer's default, Seller shall be entitled to retain Buyer 's deposit as liquidated damages as set forth in paragraph 22 'above. Buyerer further agrees that in- the .event of, his default, all surves,y l�I., V 5 _ engineering studies, test results and other reports on the premises shall become the property of the Seller , - without charge, and will be delivered to the Seller. (41) M.G.L. Chapter 61A Status. ' Seller has notified Buyer that all or a portion of the premises are subject to taxation as agricultural or horticultural land pursuant to M.G.L. Chapter 61A. Seller 's obligation to close under this Agreement is subject to Buyer 's payment to the Town of North Andover of such SUM of money as is required to remove the parcel from Chapter 61A status. Seller agrees that within seven (7) days from the date hereof , she will give written notice of this Agreement to the Town of North Andover providing therewith a copy of the Agreement as executed , all in the manner required by said Chapter 61A, and will provide Buyer with satisfactory verification of such notice. Seller further agrees to obtain from the Town of North Andover as soon thereafter as practicable, a notice in recordable form, that the Town of North Andover will not exercise its first refusal option under Chapter 61A. If the town does exercise its option to purchase, the Buyer's deposit and interest shall be returned to Buyer and this Agreement shall be null and void and without recourse to either of the..parties hereto. (42) Additional Provisions. It is further agreed that the Seller shall have the right to remove certain granite blocks and/or steps- from the property subsequent to the execution hereof, . and Buyer agrees to allow Seller 's representative to use the property for farming .during the calendar 1987 season, provided that such use -d'oes ' not interfere with Buyer ' s access to, or engineering and surveying of , the . property, DONALD COHEN, BUYER NELLIE MAZUR KO, SELLER EXHIBIT "B" PROMISSORY NOTE FOR VALUE RECEIVED. Donald. Cohen (or nominee) promises to Pay to Nellie Mazurenko or order , the sum of one million, seven hundred thirty ,five thousand five hundred and thirty seven and no/100 ($10735,537.00) Dollars at an interest rate of ten percent (10%) on or before November 15, 1990. Payments shall be made as follows: 1 . One Million ($1,000,000) Dollars on or before November 15, 1989 (said sum representing $826,446 toward principal and 1173,554 toward interest), and ! 2, One Million ($1 ,000,000) Dollars on or before November 15, 1990 (said sum representing $909,091 toward principal and $90,909 toward interest) . , This note shall become due and payable in full, at the option of the holder hereof , if the real estate described in the mortgage, by which this note is secured, shall be conveyed subject to said mortgage without the written consent of the holder hereof. This note may be prepaid by the obligor at anytime prior to maturity of any installment. In the event of any such prepayment in whole or in part, there shall be no reduction in interest payable under this note and the total amount as specified herein shall be required under the terms of this note. EXECUTED as a sealed instrument this day of March, 1987. EXHIBIT « « DONALD COHEN (or his nominee) Of IF>GYSJidHldtHYd,fol consideration paid,Stant to NELLIE HAZURE14KO (or her nominee)Cooney, of with tnnrtgap raptlfMnto tosmotdrcr 1» mentoE Cne Millitm Seven Hundred ??lix'ty piver Thc)usand, Fine Hundred Thirty Seven •($10,735,537.00) on or before November 15, 1990, kK Xa191a17F1lil A%)9�7(1at0l1Ctt7jlCKl(tIDINAtHI1it�(9C i'H4ILYXArKi[�, as ptovnded In a note of even date, r the land In North Andover, Essex County, Massachusetts, as described in Exhibit No" attached hereto. • (Daaiotion tad aan.mbnetay H anrl. r •... There shall be and to hereby made appurtenant to said premises rights of way over the streets and ways as shown on said Plan, and the right to use in connection r therewith-all utilities {e.g. water; sewer, power) in, under or over the same. �. • If all or any part of the property described herein or any interest therein, is sold or transferred by the Mortgagor without the Mortgagee's prior written consent, the Mortgagee may, at the Mortgagee's option, declare all the sums secured by this mortgage to become due and payable. I , % O u This mortgage b upon the statutory condsioa for any Wadi of which the mortgagee 36H We the statutory power of irk. lam" yaw 1ClA1rtlCQDXksCNIaltEigtX711[Xl�IptlF 11R1t1t1C1fOFk10Hd0KtfHlf y'1��[N&7Hf$Itl�l� �� r r•, �thttse hand and sal ibis dad of .......».._.»_................................ .. ..... ............,»...........»... ... ...._... .,....,. ! .......................... ........................ ........................................ .......»..... .. ........ ..». ...................................»...»...»» ........................... . ..... ... ......... ............ •.r HlOttWtSltll 8t >1�iNYllt�}aaettl- .. _ � 19 Than pwasaHy apPand tlut 60" nam:d and aclmowkdjvd the fsregoinj imttumeat to be ftee ani and dead, beton: tae n / A' - ....»..... .»»••....»tJouq Pa k-forks of the!nm V : M/tamnimics aPkn—.,..,..—. ..11 ixmm ProK OMMUL 1AWN, (TJM ZDJ CIIA M 122, BECTIONB Ili, 1p, 2g,21 Notation,Ig. A deed in substance foliowhig the form entitled"Rortgegr Deed"eMfl when duly saturated!Gave the faros and , effect of a mcrtpge deed'!s Ilse usa et the mortpgee and his Wnt and u tgne with mortgage mvemnte and upon the statutory. ] conditiaa gad with the statutory power of what;as ned In the three fails wing sections,to secure the payment of the money or the performanco of any Obligation therein specified..The parties may insert in such mortgage any other lawful agreement or spa- . Ltion. Nsction,IN, in■conveyance of real able the words"morrgnp wn mts"shall ban the full forcer meaning and effect of .the following wordy and Shap he applied and consigned.accordingly: "Tia mortgagor,for himself,his heat,execntorM admirals. Craton and suorasson,constants with the moremanationagee and his heirsa,, emanation and assfpy tint be is lawfully mised in lee simple of the granted premise•that they are free from all eneum6nmes;that We amttpgor Iws good right Io soil and convey the same;anJ that be wi14 and bis ides.uttwtwy administtetors and anccneors ehaQ warrant sad defend the tame to the mortgage sed his hairy suaeswrs and-an gas breva against Ike lawful claims and dmrmis of all person; and that the moregapor and his holey enccestora or attigny in ase a sale shall be made under tin pewer_of ceks,will,upon repuest.rxeeuty ackrrowledge tad deliver so oke purchaser or pupehasera a dad or deeds o!ntease eeofiraun�suck sate;amt llwt the Mort• Figs and his heirs,executory adm{nistntery succeseo'a and assigns aro appointed and coasttmted oke attorney or attorneyyf .. r" did of the said mortp r b execute and deliver bilks ssd r a of eramta of all Iielu of imuance on,16ss go parehate Wit upon the had severed by the mortgage at the lime of such asks." - .. Section 2L The following"eomdfition"shall be known we the StahNory Con&tion,and essay be incorporated is may mort- gage by reftereme: (CONDITION) Pronidrd,lrnierthefat,except as otherwise specifically stated in the mortgage,that if the mortgagor,or his heirs.execo• tory administrators,successors.or assigns shall pay unto the mongalece or his executors.administrators or assigns the principal and interest secured by the mortgage,and shall perform any obligation secured at the time provided in the sate,mortgage yr other instrument or any extension thereof and shall perform the condition of any prior mortgage,and until such payment and performance shall pay when data and paya6ks all tuts,charges and assessments to whomsoever and whenever laid or assessed, whether on tree mortgaged premises or on any interest therein,or on thedebt or obligation secured thereby; shall kap the ' buildings on Wit premises insured against!tie in a sutra net less than the amount secured by the mortgage or as otherwise pro•- - vided thcrein for insurance far the benefit of the mortgagee and his executory administrators and assigns in mush form and st such insurance offices at they shall.app rove,and,at lest two days before the expiration of any policy on mid premises,shall deliver to him or them a new and m aimt policy to take the piece of the on'"' me ring,sad shall int commit or seder my strip or waste of the morsgaired premises or any breach of any coveasnt contained to the mortgage or in any prior n»rtgagq then the mortgage deed,as also eta mortgage note or notes,shall be void Soctioo 21. The following"powd'shalt be Imoten as the$too"Powe of$pfr.and may be incorporated in my mors, gage by reEaeoce: (POWER) But upon any default in the performmee or observance of the foregoing or other condition,the mortgagov or his exeeuton. administrators•successors orassigns ma �sell the mortgaged premises or such portion thereof as may remain subject to the mortgage in can of orgy pardsl release thereoft either as a whole or in parade,.together-with all improvements that may be thereon,by public auction on or ear We premtw4 Wen subject to the mart a,or,if moa than age parcel is then subject thereto•on w gear me of said parcels,or at sorb place as may be desigmted ler that purpose in the mortgage,fiat complying with the terms of the mortgage and with the statutes relating to the foroclogura of mortgages by the excreise of a power of sale, and may convey the same by proper deed or deeds to the purchaser or purchasers absolutely and in feesimple•and such sate - shall forever bar the mortgagor Sad age pet7o4 sliming wader him Inn all right and Interest lo.the mortgaged premises, whether at law or is equity. i F 0 so n an, S { M 3. ~m�� y m 1A ;io - M i { r ul �n cK ttt . O f { f t i € i 4 3 i , EXHIBIT "D11 PARTIAL RELEASE OF MORTGAGE Nellie Mazurenko [or nominee ] of . 21 Cleveland Street , North Andover, Massachusetts, holder of a Real Estate Mortgage. from Donald Cohen [or nominee ] dated , recorded with Essex North, County Registry of Deeds in Book Page for consideration paid , hereby releases to the present owner of record all interest acquired under* said Mortgage in the following described portion of the mortgaged premises: [to he determined ] This Release shall not in any way affect or impair the right to hold under said Mortgage as security for the sum remaining due thereon, or to sell under the power of sale in said Mortgage contained , all of the remainder of the premises therein conveyed and not hereby released , and as to all other portions of the mortgaged premises the Mortgage shall remain in full force and effect. Witness the execution of the foregoing under seal this day of 1987 Nellie- azur o f [or Nominee ] COMMONWEALTH OF MASSACHUSETTS ESSEX, ss . , 1987 Then personally appeared the above-named Nellie Mazurenko, and acknowledged the foregoing: instrument to be her free act and deed, before me, Notary, Public My Commission 'Expires : ��� 2129W/2 • imb esu • +n 'r.ltjjl ^•t —`-� �`\ � s:?'•{•a. a¢.isP AiiMns;•� .:M•Y,.{r - -t n t 3NV.l•.�r ar >aa•r. �%s.+frc. �£y it y5 l:br L:s�a+ir a r r 0 ryy£p�n p}1^ i. ram.M aL 6fi flan• •-£ .. .r. yYf JwL(w•i1' NII1M.lf iibr i••f >I'• w , s f?t'La• iy C�a•i o' La � ... � me A- J t'•n-�'YO aur,S/•w _ • G • - iei��► �•!/'ar.•1!�UJOs• rs Y_n alh ., - - 2• .. - - zi • •+.1{., VJL• Ora• :•. • • • .••/� ayp i�frz�. aK f .ate — - o'>I rl %,ns P1 law st 61 T8� A v..4r MCS. _ - , .'t+ AN •7g E=K'�ryt O •�Cap.,A SL r i OP YKJ•.'0 r a�raarAAr msl It KI r. O�QiOd�9 tt� is r, 'f p} T♦ sD 7.,•-•y . � .7s Pt gat . •L`w 6S I _ fL.�_. r _ .P , wa/ _ •. .t^�G L^=l div-r{M • '+77• -.r..-�ti.J-• t -/ .y-/ _ _ wrtas•irsg r •� •• � � •1af - - '. t •st `.ri''Dna1�. 1•.L lLl.yta • ..: _ •aayys;� . r{j�•ia _ ... _ ` ' .. ¢''E` . Fa 133ais . 7 AFFIDAVIT d I, Susan P. Linehan, hereby certify that on May 8, 1987 I sent by certified mail on behalf of Nellie Mazurenko, a notice of intent to sell approximately 106 acres of land valued, assessed and taxed under M.G.L. c. 61A, fronting on Great Pond Road, North Andover, Massachusetts. Said notice, in the form attached as Exhibit A, was sent to the North Andover Board of Selectmen, the North Andover Board of Assessors, the North Andover Planning Board, and the North Andover Conservation Commission in accordance with M.G.L. c. 61A. S 14 . The above statement is made under the penalties of perjury. Susan P. Linehan Notary Public My Commission Expires March 18, 1994 42611 ` - Exhibi+ May 7, 1987 Conservation Commission c/o Town Clerk ; Town of North Andover €j North Andover Town Hall 120 Main Street North Andover, MA 01845 Res Nellie Mazurenko Approximately 106 Acres Fronting on Great Pond Road, ,' North Andover, Massachusetts Dear Commission Members: This letter shall serve as the statutory notice to the Conservation Commission as required pursuant to M.G.L. Chapter 61A, § 14 of my intent to sell the above-referenced property, currently subject to Chapter 61A, to Donald Cohen of 68 Leonard Street, Belmont, Massachusetts for an effective purchase price of $3,000,000.00 pursuant to a Purchase and Sale Agreement between us dated March 20, 1987, a copy of which is attached hereto as Exhibit "A. " The land which .is the subject of this Purchase and Sale Agreement is shown on a. copy of the Assessor's map for the Town of North Andover attached hereto as Exhibit "B. " This letter further shall commence the Town's right of first refusal option period pursuant to the statute. If you require any further information, please do not hesitate to contact me through my daughter, Mrs. Stella Brown, 1535 Great Pond Road, North Andover, Massachusetts . Very truly yours, Qilie Mazikrenk ' NM/lb:42581 Enclosures cc: Mr. Donald Cohen Mrs . Stella Brown i CERTIFIED MAIL RETURN RECEIPT REQUESTED Notice to APPLICANT/TOWN CLERK of Action odf Plan Board on Preliminary Subdivision Plan entitled: Great Pan s a ue By: BSC Engineering dated April 30, 1 2. The North Andover Planning Board has disapproved said plan* for the followingreasons: SEE ATTACHED a very truly yours# NORTH ANDOVER PLANNING HOARD By, -Erich W. Nitzsche, Chairman Date: July 27, 1987 FORM B APPLICATION FOR APPROVAL OF A PRELIMINARY PLAN April 30 19 87 To the Planning Board of the Town of North Andover: The undersigned$ being the applicant as defined under Chapter 419 Section 81-., for approval of a proposed subdivision shown on a plan entitled GREAT POND ESTATES By BSC ENGINEERING dated April 30 1 19 87 being land bounded as follows: GREAT POND ROAD TO THE SOUTH,, BRADFORD STREET TO. THE EAST; RAY' S POND AND TOWN OF NORTH ANDOVER LAND TO THE WEST; BARKER (MAP No. 62-11) and CARTER PARCEL (MAP NO. 62-2 ) TO THE hereby submits said plan as a PRELIMINARY subdivision plan in accordance with the NORTH Rules and Regulations of the North Andover Planning Board and makes application to the Board for approval of said plan. Title reference: North Essex Deedsy Book12601 Page 58 ; or Certificate of Title No,.9 Registration Book., Pap.; or Other: Applicant'saDsi t Received by Town Clerk: � ALI-a - Dates APplicant•s address 68 LEONARD STREET Times BELMONT, MA 02178 Signature: Owner's signatnlrs and address if not the nn� NELLIE MAZUREN 657 BRADFORD STREET NORTH ANDOVER, MA Great Pond Estates Preliminary Subdivision Doi Conditions of Denial 'NORIy; �R July 27, 1987 1©� dA q 2 09 The North Andover Planning Board has dAll the preliminary plan for Great Pond Estates (filed May 1, 1987) for the following reasons: 1. The 69 lot plan, as submitted does not conform to the North Andover Zoning Bylaw. Specifically, there are at least three road crossings of a tributary of Lake Cochichewick; construction within 100 feet of a tributary of the Lake is not permitted under Section 4. 133 (3) d of the Zoning Bylaw. Also, it is apparent given the layout of the lots that numerous lots would be in violation of this section. (e.g. placement of driveways and houses, required grading, etc. ) . 2. The extent of wetlands and land subject to flooding, based on observation during the heavy rains of last spring, appears greater than is indicated on the plan. This could cause several lots to be nonconforming under the 75% contiguous buildable area requirement of the Bylaw. 3. Because this property is located in an area of such critical environmental importance (See draft report of Lake Cochichewick Watershed Study) , it is imperative that the developer take appropriate safeguards to protect the quality of the drinking water and to preserve the environment. However, the developer does not adequately address the issues of drainage and erosion and sedimentation control in the preliminary plan. Given the very steep slopes on the site and the proximity of the proposed roads and houses to one of the largest and most significant tributaries of the Lake, more information should have been provided. In addition, the North Andover Board of Health, the Merrimack Valley Planning Commission and IEP, Inc. (consulant to the Town on the Watershed Study) have all sent letters to the Planning Board expressing their concerns about the adverse public health impact of the proposed development. 4. The proposed road layout does not comply fully with the Planning Board Rules and Regulations and the recommendations of the Highway Surveyor. In particular, steps should be taken to insure the continuity of roadways to abutting properties where feasible (e.g. connection to other proposed subdivisions such as Hickory Hill) . 5. The applicant did not address the adequacy of Bradford Street as a public way and did not discuss steps that will be taken to upgrade the quality of the road to meet minimum standards. 6. Additional information has not been provided concerning the integration of the proposed sewer system into the existing sewer network (e.g. capacity of existing pipes and pumping station to handle additional volume. This information is particularly important given the proximity to the Lake) . Page: 2 7. Abutters are not listed on locus map. 8. The Plan has not been revised to incorporate the recommendations of the Fire Chief. 9. If this project proceeds to the stage of a Definitive Plan, the applicant must comply with all requirements of the Rules and Regulations of the North Andover Planning Board regarding Definitive Plans. In particular, the following issues should be addressed: A. No lots shall be released from the covenant running with the property until the following is completed. All drainage is constructed in accordance with the Subdivision Plan, including binder coat application, all utilities, including, but not limited to fire alarms, water lines, sewer, drainage, electric, gas, cable shall be installed in accordance with the plans. B. Drainage calculations will have to be submitted to mitigate runoff. No calculations or drainage plan has yet been submitted to prove to the Planning Board that the subdivision can mitigate increased runoff without affecting abutting property. C. A detailed tree plan in accordance with Section V, K and IV.1 will have to be submitted with plan for review by the Planning Board and the Tree Warden. The applicant will have to address the Tree Department recommendations to preserve existing trees and to bond for new planting if appropriate. D. A stump pit burial plan will have to be submitted to the Planning Board and Highway Department for review and approval prior to any on-site construction. 10 . The applicant must comply with all applicable sections of the North Andover Zoning Bylaw and with all appropriate recommendations of the Town Boards. Finally, the applicant must make all proper submissions to other Town Boards and departments (e.g. Conservation Commission) . 11 . There shall be no common driveways within this subdivision. /je cc: Director of Public Works Highway Surveyor Board of Public Works Tree Warden NACC Building Inspector L$i 60 Board of Health Assessor 8 ,r ,,• tilIdoN Police Chief Fire Chief Applicant Engineer, File CHARLES R CHOATE,JR. 1899-1927 tie'q y CHOATE, HALL & STEWART JOHN .EFAoi7. EXCHANGE PLACE RALPH A.STEWART MAY I`Z " $ 53 STATE STREET 19044926 BOSTON,MASSACHUSETTS 02109 TELEPHONE(617)227-5020 TR ECOPIER(617)227-7566 TELEX 289374 May 1, 1987 BY HAND Daniel Long Town Clerk Town of North Andover Town Hall 120 Main Street North Andover, Massachusetts 01845 Re: Great Pond Estates - Preliminary Subdivision Plan Dear Mr. Long: Enclosed for filing with your office is an Application for Approval of 'a Preliminary Plan under the Subdivision Control haw submitted as of this date by Donald Cohen Associates, Architects to the Planning Board, together with a Notice of Submission of same to the Planning Board pursuant to Section 81S of of Chapter 41 of Massachusetts General Laws. I would appreciate your acknowledging receipt of the above-referenced Application and Notice on the copies of this Letter and of said Notice provided and returning them to me. Thank you for your attention to this matter. Yours very truly, &WjlnOdV�� Susan P. Linehan SPL: rdh Enclosures cc: Planning Board I hereby acknowledge receipt of the above-referenced Application. Town Clerk Date 0692L Ns s r C ' NOTICE OF SUBMISSION OF PRELIMINARY SUBDIVISION PLAN FOR APPROVAL Pursuant to G.L. c. 41, section 815, notice is hereby given to the Town Clerk of the Town of North Andover that Donald Cohen Associates, Architects of 68 Leonard Street, Belmont, MA 02178, on behalf of the owners Nellie Mazurenko of 657 Bradford Street, North Andover, MA ,01845, Walter Mazurenko of 21 Cleveland Street, North Andover, MA 01845, and Apex Realty Trust of 1535 Great Pond Road, North Andover, MA 01845, has submitted to the Planning Board of the Town of North Andover on May 1, 1987 an Application for Approval of a Preliminary Subdivision Plan. The land which is shown on said Preliminary Plan is located off of Great Pond and Bradford Streets in the Town of North Andover and is shown as Parcel 62-8, Parcel 62-16, and Parcel 62-75 on the North Andover Assessors Map. Donald Cohen By his Attorneys, Donald L. Connors Susan P. Linehan CHOATE, HALL & STEWART Exchange Place 53 State Street Boston, Massachusetts 02119 (617) 227-5020 I hereby acknowledge receipt of the within Notice of Submission of Preliminary Plan for Subdivision Approval. Date Town Clerk 0691L FORM S N a TOWN CLERK 'S CERTIFICATE OF PRELIMINARY/DEFINITIVE PLAN SUBMISSION y}N N THIS IS TO CERTIFY THAT ON Y WA I RECEIVED FROM DONALD COHEN ASSOCIATES, ARCHITECTS A PRELIMINARY/ DEFINITIVE SUBDIVISION PLAN ENTITLED : 14 GREAT POND ESTATES e N i TRUE COPY ATTEST : Town Clerk A p �.T S �M CHARLES A CHOATE,JR. 1899-1927 CHOATE, HALL & STEWART JOHN L.HALL 1899-1960 EXCHANGE PLACE RALPH A.STEWART 19044926 53 STATE STREET BOSTON,MASSACHUSETTS 02109 TELEPHONE(617)227-5020 TELECOPIER(617)227-7566 TELEX 289874 May 11 1987 BY HAND Daniel Long Town Clerk Town of North Andover Town Hall 120 Main Street North Andover, Massachusetts 01845 Re: Great Pond Estates - Preliminary Subdivision Plan Dear Mr. Long: Enclosed for filing with your office is an Application for Approval of a Preliminary Plan under the Subdivision Control Law submitted as of this date by Donald Cohen Associates, Architects to the Planning Board, together with a Notice of Submission of same to the Planning Board pursuant to Section 81S of of Chapter 41 of Massachusetts General Laws . I would appreciate your acknowledging receipt of the above-referenced Application and Notice on the copies of this Letter and of said Notice provided and returning them to me. Thank you for your attention to this matter. Yours very truly, Susan P. Linehan SPL: rdh Enclosures cc: Planning Board I hereby acknowledge receipt of the above-referenced Application. Town Clerk Date 0692E w NOTICE OF SUBMISSrnN OF PRELIMINARY SUBDIVISION PLAN FOR APPROVAL Pursuant to G.L. c. 41, section 815, notice is hereby given to the Town Clerk of the Town of North Andover that Donald Cohen Associates, Architects of 68 Leonard Street, Belmont, MA 021780 on behalf of the owners Nellie Mazurenko_ of 657 Bradford Street, North Andover, MA 01845, Walter Mazurenko of 21 Cleveland Street, North Andover, MA 01845, and Apes Realty Trust of 1535 Great Pond Road, North Andover, MA 01845, has submitted to the Planning Board of the Town of North Andover on May 1, 1987 an Application for Approval of a Preliminary Subdivision Plan The land which is shown on said Preliminary Plan is located off of Great Pond and Bradford Streets in the Town of North Andover and is shown as Parcel 62-8, Parcel 62-16, and Parcel 62-75 on the North Andover Assessors Map. Donald Cohen By his Attorneys, �.f V Donald L. Connors) Susan P. Linehan CHOATE, HALL & STEWART Exchange Place 53 State Street Boston, Massachusetts 02119 (617) 227-5020 I hereby acknowledge receipt of the within Notice of Submission of Preliminary Plan for Subdivision Approval . Date Town Clerk 0691E CHARLES A CHOATE,JR. 1899-1927 CHO.ATE, HALL & STEWART JOHN L.HAIL 1899-1960 EXCHANGE PLACE RALPH A.S17WART 1904-1926 53 STATE STREET BOSTON,MASSACHUSETTS 02109 TELEPHONE(6l7)227-5020 TELECOPIER(611)227-7566 TELEX 289374 May 1, 1987 BY HAND Planning Board c/o Town Clerk Town of North Andover Town Hall 120 Main Street North Andover, MA 01845 Re: Great Pond Estates-Preliminary Subdivision Plan Dear Board Members : Pursuant to Section 810 and 81S of Chapter 41 of the Massachusetts General Laws and Section III of the Rules and Regulations Governing the Subdivision of Land of the North Andover Planning Board, we hereby submit on behalf of Donald Cohen Associates, Architects (the "Applicant") the enclosed Application for Approval of a Preliminary Plan. Included as a part of this submission are twelve (12) prints of said Preliminary Plan (the "Preliminary Plan") , which is comprised of 14 sheets dated April 30, 1987, entitled "Preliminary Plan" (Scale 1 40 ' ) , prepared by BSC Engineering. Also included as a part of this submission is a location plan of the subdivision, at a scale of 600 feet to the inch, showing exterior lines of all proposed streets in the subdivision and their location in relation to existing streets on the "Zoning Map, North Andover, Massachusetts" as most recently amended. i The enclosed Application and Preliminary Plan are also being filed as of this date with the Town Clerk and the Board of Health. The Applicant proposes to develop the land shown on the Preliminary Plan for use as a single family subdivision. The enclosed Application and Preliminary Plan are submitted by the Applicant in order to preserve its rights to develop said land for other permitted purposes, as provided by applicable state and local statutes, ordinances, and regulations. I would appreciate your acknowledging receipt by the Board of the above-referenced Application and Preliminary Plan on the copy of this letter provided and returning it to me. Yours very truly, Susan P. Lineha Donald L. Connors Enclosure cc: Town Clerk (without enclosure) Board of Health (without enclosure) Donald 'Cohen Receipt of the above-referenced Application and Preliminary Plan is hereby acknowledged. Date North Andover Planning Board 0694E s �; �_ :� �. .,, AR '•r" 'bF d -�n '� hu}r�� }� �'. e' er; Y FRO NOTICE TO TOWN CLERK OF�ACS'I ON ZLANN I I G BOARD ON PLAN DtSCR t BED BELOW' Y M Name and Address of Applicant: DOte of 'Submi.ssion of Plan: o RECEIVEO� � _ Town Clerk, ,Towdn of: NorthAndover JUIN . 6 i �« Town Office Building lOHN'� LYONS North Andover, Massachusetts ' a TOWN ciERK Dear Sir o� NORTq ANDOVER •weforward to you h6eewithl the, ori gi; f ',and one copy'of;,the pt �Cc described below, heretofore submitted, ta,this' Board under G.L. C. 41,x § 81-P,' which you may deliver, upon request, Ifo the $ppFicant 'above named. r 360IM—OW mew mew 6t I%* f Exact Title of Plan: mew Ajhm . Date,of Plan: ' Engined *` Name and Address of Record Owner, of, Land: mawmw* IL 1111 ill W Title Reference: North Essex Deeds;;Book'= _ Page 567 or Certificate of Title No. Registration Book page ;or, ' Other: r Description of Land,"Isufficient- for identification": *' AS o 80-"b*140 i 0*ill ftW Mj 0"Vilius lit #w1 N it UL M Attorney for A licant': / �� • The action taken by this,Board upon said plan is indicated' upon' the reverse hereof. s s � Toff ;North Andover Planning Hoard has detehmi hed ,that se;id p l�n does not' ' reg4tre' approvai under the subdivision control law, 'and`'the apprppriate' endorsement h s been made upop 'the samg. The North Andover P[Anning Board ha4'daterimiked that said plan" shoo $ a " 1 subdkvision, ea, defined" by ,G.L. �c. 41, § BI L, and must ,therefore be re—submitted to' It for approval under the subdivision control ! w► ' The-North Andover 'Planning Boerd•has determined, to take no action upon said plan. ' Very truly yours , , sh , NORJii ANDWER P1,ANNING' SOARD ;. By Date: G �,. C a i � r I 774, �'' iw, ft81 PRas # NOTICE � NOTJO Q A 1PPROVAL '1 PpE 01�ItS ' to, SUBDIViS1ON CONTROL LAW ,< Name and Address of Applicant Oate.of Submission of plan Nellie Mazurenko, Jame 24, 1963 ' 773 Bradford Street, to North Andover, Mass.' Jlih iy Town Clark, Town of North-Andover Town. O f f i ce Building o TOWN CLL�K �, , N�frth Andover, Maasachuaetis NORTH AgpDVER �y Deer Sir: Pursuant to the provisions of G.L. C. 41, $§ 81 P and 81 T. you are µ; hereby notified that the plan described below has this day been submitted to the North Andover Planning Board for s determination that approval of the same is not required by the subdivision control _law. i Exact Title of Pian: Plan.of Land in North Andover Mass awned by Wt.zuxtnka , Date of Plan: June 1963 Engineer: Alien M. Flye Name and Address of Record Owner of Land: NellieMazurenko, 773 Bradford Street North Ando r, Maya Title Reference: :North Essex Deeds,, Book 5112 , Page5r7 ; or Cert 1 f i cote of Tit,Ia No P"Roil strat ion,.,000111 ,pegs ;or Other, Description ,of Land "sufficient for Identkflcation"I Ra" at•pair!rrr t9><e Y�oalthr►r]�eddfdtns of w tel►pow-is 3" tMW lad ad am TMeQ a* !banes the.#no row SW hWff **In a p"t tboMm twn aft Wd r1I&W U 125 feet to a paint, *a"*mei'ad=WTtS 1".00 toot to s p0iW , t the UW 'hltM I"res IM Of 64 XW t!A POW wUre 018117,e ULI" MA rm8W=3.i 9 ZMt bo a midwhwe tyre lime tetra and rets S 880.4$ JW 9, a posh where it myna spft and rmr to Great Pmd Hamill,a dt of W. co 1-*t svA fbuWy rolr sl W tar X*rAerV Um d Orewl Pond TAW to tie point cx Attornk' pp l icent: Riahard M. Sullivan, 181 Lowell St; Andover. Mass. Attorney for Applicant: IT is believed that-"ch a determine4.rn Phoeld be i de for the reasons yN . given uppn the reverse hereof, Qj -- +� App Iicon Aai -y�r. .ax.:::r .J '-_)4i' ...s,!�im.SF•yi a : t " V y . Wt4d bsdilss A* 4- Of t*'' �a ' '�' � �, �y{ ��x3•i ��+ teirl�•'Aot''feni�matsb s1di� bolbAm a8`1�rti�fiittlC��, .wel lo-itfm noislvibdus"9r11 yd be 5re o.Itrs7Lrs.sM ild bsnwo 8e,sM -i9vobnA 6J�uY4 n, f�nss 30 ne C4 t s EMI 9nul, I fo atb .� stPI ,M rre[7A :•»snIenT r; �j@ 'SfG b7o3b.6x8 >;,'�'S' ' u�Ins7Us.�M 9S1j8TQ :bnaJ to 1snW0 blo*9Si to ss A bno YMK aAM jgvobnA AhOMi 70 7371x9 , S�?c•:loo8 •,abssa xsss3 At�o�l, :sans-tsi�A WIT 0noitealtsigrfl .oM 91f IT to steoli111193 —190to t"noiteoli,linsDi poi 1ns[0tiius", bne] to nollgi^:ossa A M1 Awft how 8 g eroM& a of*4 'NK'.OZ WR sit 00 SOMO e ai olt4 0!Y.D$It1a � b►si ' 0" a ed t 8lI a�cssa �ssft 0& mildw *k-4 a of WK tad Ido Au saes ispt aamml sttt att3 sus lye s:nss sisi snit,+sv isYq a ®d iba3 Q¢.fiism•I tsaµt ,cif8 'h� { b law-dD gat 20M brat A&SIP aessir It WlSdw tnrbq 1"). t!tcJ:aq :tit 0i bw k"q U-0 b OKU INSA to *A atmtf #tea's x9sa bau '`rti L�.a[f�ta :tneo C I ggmottA �.�sIV[ '�y�r�LnA �Y i[gs�dca_i IHSS _rrc " �� r : t neo i l qqA -poi ysniot to 2n��d9"1 Slit 101 9be= d5b) lod dolt nim�steD 6 d3" teAt D9V911ed �l TI . � lul -19 .10979ri sx7sysl sot noqu nsvig p ne<a i l qqA r For'nr 1 P = 4 t 11 h . esu -)A" �pt NO ss cLR►� � vtnrss.l '�a fLRNN3 ' BO7 �1= PiAi� b i�D BEL LEVED htgT'TO �EQU IRE, APPROVAL UNDER-) SUBD I V I S IIN 'CON',MOL LAW r r vt Name and Address,of Applicant Date-, of\Subrhission of Plarl y ` 1 aunt 24� %$773 BrMford g worth Amer, 10-1? 'town Cl�erk, (Town of_ North Andover . Ln o , Town Office 'Bui fdin`g, , �1 _ a dUN -16 Noeth,,Andover, Massachusetts 10HPtl. LYONS i o SOWN CLERK Deaf -ir,,: N."rH AND v`a r Pursuant to theprovisfons of ,G.L," d. 41,, § 8,1 P and'8'1. TF hereby notified that the p�Pan -deseri'bed below has this day been �submitted to� tfte, North Andover Planning Bobrd fora determination, that approval of the same �is n6t required b the subdivision control law. Exact Ta t l e of P l an.pl of Land it North .AM r, Mass"<)wzed by Xasgrealto , Date of Plan: June 196 'Engineer- ' Al ,� M. Name and-Address of Record Owner of, Land: .Xe ie"Masurw&%773 Ek%ford'Street , North Andover LTi t]e Reference: N6rth Essex Deeds, Book 592 , Pag ,7 ; or Cert ifIcate of TitleNo. Registration gook ,page ;o °r Other: � r Descrilption'of Land' "'sufficient/ f,,or iden ti"fIcat Ion A Parcel of land on Great Pond Road itis N6rth Andover, Masa; obAtat 44,000 r square feet and bomier.160 feet rly lime'of' mat Pond R wW64 . dimension starts 700 feet Ea sternly of lalod zow, or formerly of inherg, ,ii,the East'.283. 3r feet by other land of MazurenkO and oa the West bq'still more land tJfMazurenko 299,33 feet. s y Attorney for Applicant: Richard,'.At SulUvan, 1$1LcpOell'Street, Andover , i Very truly yogi App l i tit a +� 2 NOTICE TO TMV CLERK OF ACTION OF PLANNI�It 80A F7 OAk",PL-A ;, SCM9 0 04}V Name and Address of A p l scant: DoteX04 Sybm3soion ,of PI�art:,VWMM V11111111111 ' -� r 1 ,Town Clerk, Town of Narfh Andove? 1l d l 'Town Office $uitdjng) NorthAndover.. Massachusetts a ,J(JFiN 1. LYONS w . -- o t41WN CLERK v Dear Sir: r IMON7H ANDA; O 6 . We forward to you herewith the original and on�`copy of , _ n s , described below, heretofoee submitted to this Board under G. c 41, 81 P whi ch you may deliver, upon request,' to the appt i'ca►►t above liwvRd. t' E*ems Title of Pian: , Date of 0,1an: f ng}neer: A 1 n JL Name "and Address �of,'Record Owner ,of Land: " F ' Title Reference: North Essex Deeds, Boo 692 : Page 56 ; or . �ertiftcate of Title No. Registration Book , page ;or 'Other., D»scription of, Landwffitient for iPWi!' ation`l: *%it Pat „ s t` MMI►mat ills , AtIli Nis, a for A licant: WITT Theaction taken-,by this Board upon said y p planes indicated upon . the reverse hereof. r i - , The North Andover Pranning BQerd hes determined that said plan does not � require approval under- the subdivision control taw, and• the appropriate endorsement tias been made u - pon-•the, same. - The North Andover Planning Board has determined that said pian shows a subdivision, as defined by G.L. c. 41 , § 81 .L, and must therefore be re-submitted to it for approval under the subdivision control law., The North Andover Planning Board has ,deternlned to take ,no action upon said pian. Very truly yours, NORTH ANDOVER PLANNING BOARD By L Y Date: f AD- MAZURENKO -S68-01-05E 150.00 INC. d wsc 0 x � . z w O 44,000 S.F. N D a dDM N S _ C G NN Z m z o . CA -*.- 700' - g STEIN BERG-- td H 150 4272 �+. N 68-01-05W GREAT . POND ROAD O^fie n JUNg 1963 0 a � PLAN OF LAND ® i V 2Eaa 1N Alug,A. NORTH ANDOVER MASS. OWNED BY MAZURENKO w f✓/. c S<9�osTE fts SURV6'��.i3 ANDOVER ENGINEERS I NC. � 043-4.142 SCALE 1% 40' JUNE , 1963 Oversized Maps on file with the Town