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FERRANTE TRUST
ceived by Town Clerk : FORM A ► I APPLICATION FOR ENDORS€MENTAMIJIL � pR� BELIEVED NOT TO REQUIRE P ° JJk 3 11, z2 'am 7-13 , 1989 To the; Planning Board of the Town of North Andover: The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required . The undersigned believes that such approval is not required for the following reasons ; 1. The division of land shown on the accompanying plan is not 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 , N/A , or a private way , namely , TIFFANY LANE , being land bounded as follows : ON TH� NORTH AND WEST BY LAND OF NORTH ANDOVER ASSOCIATES, ON THE SOUTH BY LAND QF ESSEX COUNTY GREENBELT ASSOCIATES AND ON THE EAST BY OTHER 'LAND OF FERRANTE TRUST. 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : NO NEW LOTS ARE BEING CREATED. 3. Title reference North Essex Deeds , Book 2205 ; Page 134 or LAND COURT Certificate of Title No .9989 Registration Book 70 Page 36� 1_. Applicant's Signature: / Owner ' s signature and address if not the applicant . LINDA A. FERRANTE TRUSTEE (Print Name) Applicant ' s Address : 224 FOSTER ST. NO. ANDOVER, MA 01845 Tel. No. 508=689-0876 Received by Town Clerk : � Notice to AP P ICAN T/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 . Al-L , and must therefore be re-submitted to it for approval under the Subdivision Control Law. Very truly yours , NORTH ANDOYER ' PLANNING BOARD By , Date : I I i TOW, 4K FORM B „jvER FtB C f[ bR APPROVAL OFA PMIMINARY PLAN February 20, 19„87 -� To the Planting Board of the Town of North Andover: " The undersigned, being the applicant as definedyund'ar Chapter 41• Sectiongl�'+ for approval of a-proposed.-subdivision shown on a plan entitled' Definitive Plan of Land in North Andover, MA y � 3 "Jeffrey' Place"By ' Nelson-Engineering, Inc. dated Nov. 10 14 86 being land bounded as follows: Westerly and northerly be land of Andover Associates, Northeasterly and E,astPrl w 1 Cahill A'Agata y by land ',of Vincent Equity-Trust, Daley,. Nelms, Ty Zcki , Southeasterly & Southerly by. land-pf.,the: s,sex-.0�!�nty- GreeAD6Et `tt"sstf'cia i`oYPr hereby submits said plan as a PRffi.DMURY subdivision plan in accordance with the y Andover Planning Board and makes Rules and Regulations of the North application to the Board for approval of said plan. Title reference: North Essex Deedsp Book'65 1 Page-61 1 or P or Certificate of Title No. 9 Registration Book- age E Other: Document # 40270 Document # 40339 Applicant's signature: Richard F. Kaminski & Assoc. , Inc. Received by Town Clerk: Applicant's address Date: 200 Sutton St Time: N Andover, MA `01845 Signatures Oraer's sign ure and address if not the . s licant: PP ,. Notice to APPLICANTITOWN aLERK of Action of Plamdng Board on Preliminary Subdivision Plan entitled: Jeffrey plat-P ; e By: Nelson Engineering dated i/ Nov. 10 . 198 A 2. The North Andover Planning Board has disapproved said plane for the following reasons:.,_ 8EE AT"TA"CHED REASOIJS..: NEW "L y iit•.. .. .. .. _. r_ ' ' -: . _�. 1 �'"• 1 91�,,,.�: . .r>.1. NORTH ANDDM PLANNIIG BOARD d? Q.! By ERICH W. NITZSCHE i ;,t33 Date: ✓ JUNE 15, 1987 Jeffrey Plabe Preliminary Subdivision Conditions for Disapproval June 15, 1987 1. A request for determination has not been filed with the North Andover Conservation Cannission per Section 310 CMR 10.57 (4) (b) under Chapter 131 - W@tlands Protection Act, and the local wetlands bylaws and the plans have not delineated the edge of bordering vegetated wetlands. the plan does not show the extent of the wetlands on the adjacent parcel which may affect the continuation of the proposed roadway. The Planning Board requires alternate roadway continuation. 2. The length of the deadend roadway exceeds the maximum length allowed in the Subdivision Rules and Regulations. A detailed waiver request has not been submitted which justifies, to the satisfaction of the Planning Board, the length of the roadway. 3. The easement shown for the roadway access from Brigdes Lane is not acceptable. The ownership is unknown and right of passage is not documented. The Planning Board requires the fee in the land with proper roundings at the intersection. 4. Concerns of the health Departmenthave not been addressed as they may affect the location of the lot lines. 5. The Police Department recommendations were not followed. - A stop sign and a stop line shall be placed at the intersection of Jeffrey Place and Bridges Lane. Need for a school bus stop in this area shall be determined. 6. The Fite Chief's recommendations were not taken into account as follows: Fire hydrants shall be installed at 500 foot-intervals. - Lot numbers shall be posted during construction. - No open burning shall be permitted except during open burning season. - All builders must comply with the fire departments underground storage regulations. - Permanent house numbers shall be posted on dwellings prior to ... occupancy. - The subdivision streets shall have adequate access to each residence by hawing the binder coat applied prior to taking occupancy. 7. The NACC recommendations were not taken into account as follows: - A proposal shall be submitted for locating Laurie Way in a more southerly direction so that the crossing at Station 7+25 is eliminated. - An overall plan depicting the entire parcel from Laurie Way �� IT Street showing approximate roadway locations and d delineations shall be submitted. � ,'. ;!Ri`;� h..AON Or;=3`1l�fNdt7 - Houses should be located on lots 4 and 5 away from the wetland boundary. 8. Flood hazard zone was not shown on the plans. 9. Contiguous Buildable Area has not been shown on each lot on the plan. 10. The street names shall be changed to',lessen confusion regarding name of resident vs. name of street. 11. 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 accordnace with the Plans. 12. Drainage calculations have not been submitted to mitigate runoff. No calculations or drainage plan has been submitted to prove to the Planning Board that the subdivision', can mitigate increased runoff without affecting abutting property. ! 13. The Highway Surveyor's recoamnendaions were not taken into account as follows - Catch basins shall be installed whore recommended. - Slope granite curbing shall be regOired on all grades in excess of 5%. 14. The pian, as submitted, does not shoe adequate access to the proposed lots. The powers of a planning bohrd (...under) the -subdivision control law shall be exercised with due regard for the provisions of adequate access to all of the lots in! a subdivision by ways that will be safe and convenient for travel...and for coordinating the ways in a subdivision with each other and with ''the public ways in the ...or town in which it is located and with the ways in neighboring subdivisions. (Chapter 41, Section 81M, M.G.L.) Access must be provided either via an approved public road or over private ways built to the standards of the subdivision rules and regulations: over land to which the developer can prove he has ownership. 15. A detailed tree plan in accordance with Secion V, K and IV.1 has not been submitted with the plan for review by the Planning Board and the Tree Warden. 16. A stump pit burial plan has not beenlsubmitted to the Planning Board and Highway Department for review and approval prior to any on-site construction. 17. The applicant shall be advised that in the event a Definitive Plan evolves from this Preliminary Plan and/or parcel of land, the North Andaver ,Planning Board will require upon submittal that all aspects of the Mules and Regulations governing !the Subdivision of land -must be strictly adhered to and will be a requirement notwithstanding this ,I decision. 18. The applicant has not complied with the Tree Department's recommendation to preserve existing trees and to born] for new planting. 19. There shall be no common driveways within this subdivision. 20. The North Andover Board of Health has addressed serious concerns regarding several of the lots and has stated that spring water determination is not ccaplete and also has concerns about isolated areas subject to flooding. /ns cc: Highway Surveyor Board of Public Works Tree Warden NACC Building Inspector Board of Health Assessor Police Chief Fire Chief Applicant Engineer File SEP 21 '87 11: 12 N. ANDOVER 1-688-0554 P. 1 AZ NQi�i�° "��i�'JER UO AL ag PLAN EP 21 4 C8 PM °87 September. 21, 1�...8.7..y 19 ..,E To the PlaMAJU Board of the Town of North Andoverr The undersigned# being the applicant as defined under Chapter 44 Section M49 for approval of a proposed subdivision whom on a plan entitled .TuVv Pr,AcP .. �....�....r......�... . ....... by _ Ne?l.$on Engineering dated Sept. 18, .1987 being land bounded as iollowsr -Coo n, mn ereby WWII& sM plan as a p #u acc a the Rules and Regulatians of the North Andover PlUMUS Board and makes application to the Board for approval of said plan. Title References North Essex Deeds# Book22�05 t Page 1,34.f or aertiticate of Title No* �,�, Registration Book. ,wq PaBe�I Or Others Said pian has(X) has not( ) evolved from a PrOUML11=7 plan submitted to the Board of 19 and approved (with modifications) ( ) disapproved (0 on .111a= P 19 X.* The undersiped hereby applies for the approval of said MWnNTTlU Plan by the Board, and in furtherance thereof hereby agrees to abide by the Board's Rules and Regalations. The undersigned hereby further covenants and agrees with the Town of North Andowerl upon approval of said DEl*ZNITl1TE pian by the Boards 1. To install utilities in accordance with the rules and regulatiom of the Planning Boordt the Public Works Departatentf the Highway sursayort the Board of Healtht and all general as wall as toning by4aws of said Town# as aro applicable to the installation of utilities within the limits of ways and strestei Z. To complete and construct the streets or Trays and other improrenestts surae thereon in accordance with Sections Iv and V of the Rules aid Regulations of the Planning Bogard and the approved M7Nn= plant profiles and oross sections of the "see Said plant profiles, cross sections and construction specifications are apsaiticaU7# by reference# incorporated herein and made a part of this appli"Um. Tide application and the covenants and agree- e+eats herein ahm" ,be binding upon► all heirs, e=cutorst admUd stratorst suacessorst grantees of the whole or part of said land, and assigns of the undersigned; and 3. To complete the of maid installations and construction within two (R) years from the date hereof. --�-- Received by Town Clerks Dates IlFiOuiro of Applicant Timet Ferrante Trust 224 Foster Street Signatures Admditrlaessh rtAuArl m-r 0 n " FORM B ?�1iS 'PLICATI tift APPROVAL OF A PRSLTMINARY PLAN �.... i• -- — February 20, �. a9 8•�-- • ry llppNy �� y'.pY. '1 1 1 To the Planning Board of the Town of North Andover: Section 81—L, The undersigned, being the applicant as 'defined under Chapter 41's for approval of a proposed-subdivision shown on a plan entitled" � a Definitive Plan of Land in North. Andover, MA ..Jeffrey Place" ! By Nelson Engineering, Inc: dated Nov.• 10 19 86 being land bounded as follows: Westerly and northerly be land of Andover Associates, Northeasterly and Easto-rl by land of vincent .Equity•Trust, :Daley,. Nelms, Tylicki,, Cahill, .D Agata Southeasterly & Southerly .by.laq!d.-.•of,,the-; "'A'sso"claL'f'on`,. hereby submits said plan as a PMDaNARY subdivision plan in accordance with the Andover Planning Board and makes application to d Regulations o f� the North g Rules an Re R 8�• the Board for approval of said plan. , Title reference: North Essex Deeds , Book 65 s Pagel ` ; or { , Certificate of Title No. * Registration Book - 9 Page.; or 44 Other: Document # 40270 Document "# 40339 - Applicant's signature: { Richard F. Kaminski & Assoc. , Inc. Received by Town Clerk: Applicant's address = Date: 200 Sutton St. Tines N e do..or Ma' 01845 Signature: Owner's si ure and address if not the applicants �r�r�e cam,"ZL.c �is u o • :,x mat/' �� � w COWVCNWEALTH OF MASSACHUSETTS ' RECEIVED DANIEL LONG TOWN CLERK NORTH ANDOVER Essex County, S .S . !' Case No . i "} 1 43 PM188 fl I _ i nda A. Ferrante Trustee Ferrante Realty Trust ) g Complainant ) ` Vs ) APPEAL ; Undet Massachusetts General Laws Chapter` 41 , Section SIBB Paul Hedstrom, George Perna, ) John Simons , John Burke, } and Eric Nitzsche as They } Are The Town o; North } Andover Planninq Board } Y3 ) Now comes the -complainant, ;'Lindrl `A. Ferrante, Trustee of Ferrante Realty Trust, under declar'atlon of Trust dated May 7, 1.984 and recorded with the Essex ' NorthRegistry of Deeds, ' ` Book 15559 , Page 073 and states : That said Trust is the owner of.'.certain properties in North Andover, Massachusetts situated"-"aff Bridges Lane In sold town . 2 . That said Trustee, on or obout� September 21 , 1987`" submitted o plan of land for a deflnitive dub=dlvlsion approval to the Town of North Andover Planning,,'.Boar(d, sold plan being entitled Jeffrey Place, z , Trustee further states that a publ,hc .heoring' was held by the Town of North Andover P1onnIng•',Boord on November 11 , 1987 and continued until, December 21i '- 1987' at which'' time the public hearing was closed. 4• January 21 , 1988 was lndIcoted'as "the decision date for the application which was ext 'ended :`q:t the request of the Board from time to time until March f" �9SR. .` On March 2, 1988, the Board Issued..'Cr final decision 'which decision is annexed hereto,'os '•ExhIbit' A. This decision was recorded in the Town of North Andt+ver Clerks' office at 1 : 18 PM, March 4, 1988 . h h . Said decision for various reasons Is tantamount to a denial of said request for approval . 7 . Said decision is hereby appealed under Mass . G.L. ; Ch.41 , Sec . 81BB. Ferrante Realty Trust By Its attorney . Th*ms Wl . Callahan 429Fosfion. Post ; Road 1y1orboto, -'M. 01752 (61,7.).. 481 =`4840 CCYv1MONWEALTH OF MAS'SAC HUSETTS RECEIVE© DANIEL LONG TOWN CLERK NORTH ANDOVER Essex County, S . S . 1-7 sie- j Linda A F /;. errante, Trustee ) y��• ; Ferrante Realty Trust f Complainant vs ) , APPEALr Under. NMossaehuset`ts General Laws > Choptet,;41 , Section 81BB Paul Hedstrom, George Perna, John Simons, John Burke, ) and Eric Nitzsche as They, j Are The Town of North ) Andover Planning Board ) " ' ) Now comes the complaInant,' Linda A. Ferrante, Trustee of Ferrante Realty Trust , under declaration of Trust dated May 7, 1.984 and recorded with the Essex Nor.th' Regi'stry -of Deeds, Book 15559, Page 073 and states : ` 1 . That said Trust Is the `owner. of= certain properties In North Andover , Massachusetts sltuoted ;off, Bridges Lane in sold town . 2 . That said Trustee, on or about " _jtember 21 , 1987 , submitted a plan of land for a definif;ive ; vb-div' slon' approval to the Town of North Andover Plonn.ing Board; sold plan being entitled Jeffrey Place . Trustee further states that .a pub'l;ic hearing was field by the Town of North Andover `PlannSgg;aoord on November 11 , ; 1987 and continued until December .27";; "1987` at which ; time the public hearing was closed, 4 . . January 21 , 1988 was IndIcated as ' 'the decision date for the app ! ication which was exterided .af, the request of the Board from time to time until Morch 23;' 1988. 5 On March 2, 1988, the Board ' ls'sued .a final decision which decision is annexed hereto. as `ExhIblt :'AThis decision was recorded in the Town of Noe tb .Anjover . Clerks ' office at 1 :'1'8 PM, March 4, 1988 . ti ,y `•.riiC decision for various reasons is tantamount to a denial t said request for approval . <Iid decision is hereby appealed under Moss . G.L . Ch . 41 , c . S1BEB . Ferrante Realty Trust By it ' s attorney Thc5mas W. Callahan 929 Boston Post Road Marlboro, MA 01752 ( 617 ) 481 -4840 Y, K t � ,, t `AKtiyf x ,f i. 'Sips �•4 1 ! )5`1 —.n d 'i ^ x a Y a Y CChM ONWEALTH OF MASSACHUSETTS U."IVEO DANIEL LONG TOWN CLERK NORTH ANDOVER Essex County, S .S . Case No. { Linda A. Ferrante, Trustee ) Ferrante Realty Trust Complainant vs ) APPEAL ' Under Massachusetts General Laws Chaptgr 41 , Section 8188 Paul Hedstrom, George Perna, ) John Simons , John Burke, } , and Eric Nitzsche as They } Are The Town of North ) Andover Planning Board } } Now comes the complainant, Linda A. Ferrante, Trustee of Ferrante Realty Trust, under .dec'laratlon of Trust dated May 7, 1984. and recorded with the=Essex 'Nor•th Registry of Deeds, Book 15559 , Page 073 and states:' 1 . That said Trust is the owner offcer.tain properties In North " Andover , Massachusetts " sit'uated.. off Bridges Lane In sold town . 2 . That said Trustee, on or a' out .S•eptember 21 , _ 1987 submitted a plan of land .for a definit ve " sub-div'isIon approval ` to 'the _ Town of North Andover Plann"fnq Board, sold plan being entitled Jeffrey Place. Trustee further states that o publlc hearing was held by . the Town of North Andover Planning; Board on November 11 , 1987 and continued until December"" 7t,, " 1987 at which time the public hearing was closed. 4 . .. January 21 , 1988 was indicated< as',`,the' decision date for the application which was extended.,af the 'request of the Board from time to time until Marcli 5 On March 2, 1988, the Board Issued a final ' decision which decision is annexed here to. os .ExhIbit A This decision was recorded In the Town of North =And'q",Yer Clerks ' office at 1: 18 PM, March 4, 1988 . " r Said decision for various reasons 1's tantamount to a denial 7 . of said request for approval . Sold decision Is hereby appealed 'under` Mass . G.l.'. Ch .41 ,' Sec . 81BB. Ferrante Realty Trust ay lt ' s attorney 'tai is , • . Callahan 429 Boston Post 'Road Marfbora, ;MA 01752 (bt7). 481 -4840 r Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning Board on Definitive Subdivision Plan entitleds Jeffrey Place By: Nelson Engineering dated September 18, 9. 1 87 The North Andover Planning Board has voted to APPRM said planjsub3ect to the following conditions: A . }' a 1. That the record owners of the subject land forthwith execute and record a "covenant running with the land", or otherwise provide security for-the con- struction of ways and the installation of muni.cipal' se ces Within aid sub division, all as provided by G.L. c. .4l,.S. '81-U. q;� 1 , 2. That all such construction`and'installations'Taha11` iniall respects conform to the governing rules and regulations of this Bcard. a .•, w�� A. 3. That, as required by the North Andover Board of Health in its report to this Board, no building or other structure shall be built or placed upon Lots No, as shown on said Plan:Without the prior consent of said Board of Health. n `: 4. Other conditions: .,.: . . SEE ATTACHED oc ca=r%">. WOW- 00 wU ;� E- 0 ne In the event that no appeal shall have been taken frau said approval Within twenty days from this date, the North Andover Planning Board will forthwith thereafter endorse its formal approval upon said plan. . e * ee � aa * * * see. � aaeeeae * e ,* :r * aaW �r * * ewee +rx q h r Pl Bo DIS s for e t, '.1 NORTH ANDOVER PLAMNM BOARD Dater March 2, 1988 By: Paul A. Hedstrom. Chairman t.. SEP 21 '87 11: 12 N. ANDO* 1-688-0554 P.1'r MK 0 NGF i1ER cCLOR IM MR= PW SEP Z1 4 c8 September 211987 ___v 19 • To the Planning Board of the Town of North Andovers The undersigned, being the applicant as defined under Chapter 411 Section ", for approval of a proposed subdivision shone on a plan entitled JR..FFRF•V PT. F, . Nelson Engineering q�.� dated Sept. 18, 1,9 _ 87 being land bounded as foUAms ccc �7�f i an ereby xWndts as a OTOM pen is acc a the RFM it Regulations of the North Andover Planning Hoard and makes application to the Hoard for gpproval of said plan. Title References ~Porth Essex Deede, �'k2.2.., Page 134 1 or Certificate of Title Ho. ......_, Regiatratiom Bow"t Pa".._,^1 or Others Said pias, has(x) has not( Gv*1Ved free a PrOUNIAR7 Plan VWXitted to the Board at 19 �,.. and approved (with a todificatimat.q ) disapproved (yj coo �T1isL... ........r 19 .SZ..• " The undersigned hereby applies for the approval of said DWINITUN Plan by the Hoard, and in furtheranoe thereof herbs man to by. 'Bosrd!A, RulErg== The mrd here further covenants and agrees Hoa ����Uid DKFnT VI plan by the yy� .�may7� rel L� ir erp4Fy �'!^ MOM 'lop a F.a-..:t1�.7T', v llif r e~ahia 1.. '',�.�-.t,. i. To �siitall%mitiei U 1accor�Mobae with ter rules ry re f3oaa if the Planing Hoard, the public Works Department, the'Higbway Surveyor: the Hoard of Health acid All general as well an rooming by�l awe of said Tome* ar as e applicable to the installation of utl.Utiea within the limits of Mays and streets; 2. TO acmplete and construct the streets or rags and other improvements ohm thereon in accordance with Sections Iv and v of the Rules and Regulations of the Planning Board and the approved MWMTVZ plana profiles and Dross sections of the same. Said plan, profiles, cross sections and oonstriwtion spboificatiaaia are apeeificallyt by reference~ incorporated herein and made e part of this applications. This application and the covenassts and agree- aeoats herein shall,be binding upon aU. heirs, eoecatore, admUd*tretora* Successors, grantees of the whole or part of said land, and assigns of the anderaigned; and 3. To ecoplete the aforesaid Instaxlatiaris and construction within two (2) years from the date hereof. Received by Town Marks Dates aspature or Appluent Timet Ferrante Trust 2 Fb er tzeet I uffwftw� �h�a ca _ - 1 a, • s'ether c4 mu;-:.x 4 *a igrs w ..AiRr. A i11�Mi�1laraR�er.�iL.et�r �_�n.a._ ar�..t.1. •.� 4tS'9r..l .-,a. f... ii.. 1 Jeffrey Place - Definitive Subdivision Conditional Approval The following conditions shall be met by the applicant prior to the Planning Board signing the plans to be filed with the Registry of Deeds Office; 1 . The property line between the Cahill and Tylicki properties and Lot 7 shown on the subdivision plans shall be clearly indicated ( line identified as N34 35 ' 20" W 189.32) . 2 . The center point of the cul-de-sac shall be placed at station 6+50 (6501 ) . The Planning Board has shortened the distance of the proposed cul-de-sac (from 935 ' to 650 ' ) upon making the following findings: a) The proposed waiver request is far in excess of the 500 ' maximum length standard contained in the Rules and Regulations of the Planning Board . b ) A reduced length will prevent excessive grading due to the existing topography found on the site. c ) Provide the additional land upon which the supply retention/detention ponds to control stormwater drainage and their associated easements at the end of the cul-de-sac . 3. The CBA of each lot shall be indicated as required by the North Andover Zoning Bylaw. 4. The applicant shall submit revised drainage plans which show the mitigation of runoff from the development during a 10 year and 100 year storm. The use of leaching pits, although desireable as far as ground water recharge is concerned , will not be acceptable in and by itself as a total mitigation. The high Spring Water Table and slow percolation rates negates leaching pits as the sole mitigation measure, especially for the 100 year storm event . In accordance with a report from the NACC, detention/retention ponds will be required as well . Insufficient detail has been presented to make a determination that the " trapped water" area is not subject to jurisdiction to Chapter 131 . However, the Planning Board is of the opinion that , that area should be preserved for the purpose of ground ater recharge or at the least reproduced . cc • U aM WQWC? UA (C< C 'Or G :il The following conditions shall be placed upon a cover sheet and filed with the subdivision plans with the Registry of Deeds: 1 . There shall be no driveways placed in the location where catch basins or stone bounds are to be installed . It shall be the developers responsibility to insure against such instances even if lots are sold to others after lot release. 2. The cul-de-sac shall be redesigned in accordance with the report by the Highway Superintendent dated November 16, 1987 and in accordance with Condition #25. 3. The intersection of the roadway with Bridges Lane shall be redesigned to eliminate runoff from Bridges Lane flowing down Tiffiny Lane, by installing catch basins in accordance with the Highway Superintendent reports or redesign the runoff computations to account for the additional water . 4 . Prior to endoresement to Certificate bf Occupancy, documentation shall be submitted to the Planning Board for review by Town Counsel and approved by the Board that the entrance to the subdivision between land of D ' Agata and Cahill is indeed owned by the applicant in fee to the degree that it is transferable to the Town of North Andover at the time of street acceptance. At the present time, it is unclear as to what the applicant owns, leases or is to be transferred . The plans must be redesigned to clarify this issue. Documentation will include copies of deeds, certificate of titles and all plans required to affect the transfer . 5. The plan shall show a permanent bench mark and ties to existing monumentation in accordance with the Planning Boards Rules and Regulations. 6. Residential sprinkler systems shall be installed in each residence in accordance with NFPA 13D and the North Andover Fire Department requirements. csyc�"' mom.. ux � W S C! x 7. A 20 ' wide access easement shall be granted to the Town to access- the land -owned by the Essex County Green Belt Association. Thi easement shall provide access for the Fire DepcU&leryt� in fighting brush and forest fires and to allow public dl sdogWe Greenbelt Property for homeowners of this subdivision and the entire community. The easement shall be marked with a stone marker within the easement at the point where it intersects the right-of-way of Tiffiny Lane. A plaque shall be placed on the marker which shall state: "Public Access to Essex County Greenbelt Land - No Motorized Vehicles Allowed" . B. The extension of the 12" water main to the Coventry Estates Subdivision shall be provided by placing a water line within the 20 ' easement located on lot 4. The easement shall be indicated as a drainage and utility easement . 9. The water main on Tiffiny Lane shall be 12 inch pipe installed 10 feet right of the centerline of the road . 10. An 8"x8" tapping sleeve and valve shall be installed at the existing water main on Bridges Lane. 11 . Twelve inch gate valves shall be installed at station 5+30 and 9+35. 12. Hydrants shall be installed at station 0+25 and 5+25 and 9+30. 13. All hydrants shall be Eddy breakflange hydrants to North Andover specifications. 14. All water mains shall be class 52 ductile iron cement lined water pipe installed with 5 feet of cover below the finish grade. 15. All hydrant branches shall be provided with six inch Mueller or equal gate valves (open left ) . 16. All gate valves shall comply with AWWA specifications L500 52T and will be supplied with a 100 lb . sliding type gate valve box marked "WATER" . 17. All water mains shall pass leakage and pressure tests performed in accordance with Section 13 of the AWWA Standard C60 and shall be chlorinated in accordance with AWWA C601 "Standard Procedure for Disinfection of Water Mains" . 18. Any changes to the plans as required by NACC action shall be brought before the Planning Board as a "Definitive Modification" . 19. Per recommendation by the Police Department , a stop sign and a stop line shall be placed at the intersection of Jeffrey Place and Bridges Lane. 20. Lot numbers shall be posted during construction. 21 . All builders must comply with the Fire Departments underground storage requlations . 22. Permanent house. number5 shall be placed on dwellings prior to occupancy . =(; 23. The subdiv _ qR street''`�all have adequate access to each residence li�J\d,'inI tine binder coat applied prior to the issuance of an occupahc "ermit . 24. Slope granite curbing shall be required on all grades in excess of 5%. 25. The applicant shall seek approval for septic systems within this subdivision from the North Andover Board of Health . Any significant changes to the approved plans required by the Board of Health shall be brought before the Planning Board by applicant as a "Definitive Modification" . 26. The applicant shall provide for an island to be placed within the center of the cul-de-sac . Said island shall be constructed in accordance with the standards of the North Andover Department of Public Works . The island shall be suitably landscaped or preserve the existing trees found within its boundary. 27. The flood plain shall be shown on the plans as determined by the NACC. 2B. Tree cutting shall be kept to a minimum throughout the project in order to minimize erosion and preserve the natural features of the site . Accordingly , the developer in conjunction with a registered arborist shall submit a tree cutting and reforestation plan ( the plan is for areas of substantial cutting and fillings) to be review by the Planning Board . This plan shall explicitly include specific trees to be retained. Also, the developer shall inform the Town Planner when significant tree cutting is to occur in order that the Planner may determine the need to be present . 29. The applicant shall label the existing easement for the extension of Tiffiny Lane to Bridges Lane "Proposed 50 ' wide R.D.W. easement" and dedication documents shall be placed on the deed for Jeffrey Place to assure that the Town will obtain fee simple ownership of the R.O.W. once accepted by the Town. 30. All catch basins and leaching structures shall be placed away from any finished pavement section for Tiffiny Lane. 31 . Prior to any Certificate of Occupancy , an interim As-Built Plan will be submitted for approval by the Planning Board to insure compliance with the approved plans. Such As-Built will show as a minimum all drainage facilities , water and sewer and other utilities and the roadway binder centerline grade. Such As-Built Plans shall be certified by a Registered Civil Engineer and/or Professional Land Surveyor that all aforementioned utilities are in compliance with the approved plans both in location and in grade. Any deviations will be corrected prior to lot release unless the Design Engineer can document that the deviation is at least as good or better than the approved plans. 32. No Certificate of Occupancy shall be issued for any structure built within this subdivision without the approval of the DPW. Such approval will include as a minimum that the roadway can be serviced in the Winter months and that the water and sewer facilities are connected and can be used . 33. A bond in the amount of $10,000 will be posted for the completion of - a shall not be p the As Built Plans and profiles and s a released until such plans are submitted and approved by the Planning Board . Any discrepancies between the approved plans and As-Builts will be corrected prior to bond release. The following plans shall be deemed approved by this decision: PLANS: Entitled Definitive Subdivision of Jeffrey Place SHEETS: 1 ,2,3 and 4 PREPARED BY: Nelson Engineering DATED: September 18, 1987 cc : Director of Public Works Board of Public Works Highway Surveyor Tree Warden Conservation Commission Building Inspector Board of Health Assessors Police Chief Fire Chief Applicant Engineer File 0-40 x�cn'c' 00 �;Dxp AMIRD THOMAS W. GALLAHAN ApNILEI,LONG COUNSELLOR AT LAW 0 C�1:1�1 NOATH A10041929 BOSTON POST ROAD `y�$j MARLBOROUGH. MASSACHUSETTS 01752 An 42ft'' ^ (61 7)481-4840 April 4, 1988 Town of North Andover Planning & Conrmunity Development 120 Main Street North Andover, MA 01845 Attn: Scott Stocking Planner Dear Mr . Stocking: Enclosed please find five (5) Summons for each member of the Planning Board together with five (5) copies of the Complaint . Would appreciate your delivering each of these to the men-be rs . , Very truly yours , TaXs W. allahan TWC/jfw Enc. RECEIVED DANIEL LONG (TO PLAINTIFF'S ATTORNEY: Pleare Circle, Type of Atliun lut,lh cd: — TORT — MOTOR I(Qu T— CONTRACT— EQUITABLE R _.LIEF A OTHER NORTH ANDD 2 one T COMMONWEALTH OF MASSACHUSETTS ° g ESSEX,ss. SUPERIOR COURT >1 d1T.L71r CTION at 10101. 748v k C d 9 .......L i.n.da..A.....Fe.r...r.an..,t.e...,Trus—.te—e. of--.Ferrante................ Plaintiff(s) Realty Trust Paul i-ledstrcm, George Perna, John Sirmns, John .Burke and Eric Nitzsche as They are the TWN4 ( 'ftlOtr t lY i4r7flClWL r f�}Ylrlrr ng F3oatd ..............Defendant(s) W •M SUMMONS i Q1 O rq a To the above named Defendant: Paul Flestrcrn, as he is a marber of the Planning Board gf North Andover, IVA d You are hereby summoned and required to serve upon ..........................Thearas•_W...Callahan.„Esquire 3 a plaintiff's attorney, whose address is .929 Boston ,Rd.,,Rd.,,... ar,lboro.......4-01752.-- an answer to the 3 13 complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclu- sive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief de- manded in the complaint. You are also required to file your answer to the complaint in the office of the Clerk $ lem� of this court at .............Sal.eM......................... either before service upon plaintiff's attorney or within a reasonable is •� a 3u time thereafter. t: 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 plaintiff's claim or you will thereafter be barred from making such claim in any other action. o .. �• 7 T F ° A _ WITNESS,Thomas R. Morse,Jr., Esquire,at Salem, the Fourth z m "nttr•t4 day of April in the year of our Lord one thousand W u nine hundred and eighty_ eight. A 2 i E z Clrrk NOTES: 1. This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure. 2. When more than one defendant is involved,the names of all defendants should appear in the caption. if a separate summons is used for each defendant,each should he addressed to the particular defendant. Office #30 PROOF OF SERVICE OF PROCESS 1 hereby oerWand return that an ........................................................................... 198 1 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): ................................................................................................................................................................................................... ...................................................................................................................................................................................... .................................................................................................................... ................................. 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 CG 4) CD 04 -C C 0 �k 0 0 4) 0 Cn -Y HH 6. -C W CA �D > � „ a— > c; ti0 C 0 Q Z C -C v) -0 0 0 al 0 U 4— CIO U LL 44 43 W) Z 0.6 C U C D-C st; 0 (E -) W i- C8 C0WV0WVEALTH OF MASSACHUSETTS t NNAW Essex County, S . S . Case qo. P i Linda A. Ferrante,' Trustee ) Ferrante Realty Trust ) '` Complainant Vs ) APPEAL ` Under Massachusetts General Laws Chapter 41 , Section BIBB Paul Hedstrom, George Perna, ) John Simons , John Burke, ) and Eric Nitzsche as They ) Are The Town of North ) Andover Planning Board ) Now comes the compiainanti, Linda A. Ferrante, Trustee of Ferrante Realty T"rust, under declaration of Trust dated May -7, 1.984 and recorded with the Essex North Registry of Deeds, Book 15559, Page 073 and states : 1 . That said Trust is the owner ` of . certain properties in North Andover , Massachusetts , situated-off Bridges Lane in said town . 2 That said Trustee, on or obout ,Se}stember 21 , 1987 submitted a plan of land for a definitive ,sub-div'ision ' approval; ,to the Town of North Andover Planning ; Board, said plan being entitled Jeffrey Place. Trustee further states that o public hearing was held by the Town of North Andover P1anning; Board on November, 11 , 1987 and continued until Decernber -2:1�1.. J987 at which time the public hearing was closed. 4 January 21 , 1988 was Indlcoted as =;the decision date for the application which was extended'at the request of the Board from time to time .until, March 1, 1 5988. On March 2, 1988, the Board I*sued c final decision ' which decision is annexed hereto as 'Exhibit A. This decision was recorded in the Town of North Andover Clerks ' office at 1 : 18 PM, March 4, 1988. 6 . Said decision for various reasons Is tantamount to a denial of said request for approval . " 7 . Said decision is hereby appealed under Mass . G.L . Ch .41 , Sec . 81BB. Ferrante Realty Trust ''By it ' s attorney Y 1. Callahan -- 929Bos,toni Post Road Marlboro, -MA 01752 481 -4840 a XG�IV'� tEwr (TO PLAINT]FFS ATTORNEY: Ytcd.re Cirde Ti j e n/Arri nr brr.,h r l --TORT-- Af(� TORT— CONTRACT — EQUITABLE RELIEF OTHER NOR Qpa I COMMONWEALTH OF MASSACHUSETTS M o ESSEX, ss. SUPERIOR COURT > CIVIL ACTION 743 r ° log O .......-.-�.I.n�ia..A,,..Fpsrlainf�.,.Tsu;:.t�e...Q.f.-Fersant.�........-_.......,Plaintiff s X Realty Trust y v Paul Fledstrcm, George Perna, John Simons, John Burke and Eric Nitzsche as They are the 7anM3-o-f-•bloc-tb...Andover--Pf actn•i-ng.-•BOar-d.....................Defendant(s) a SUMMONS d Q � 0 To the above named Defendant: George Perna, as he is a n-errber of the Planning Board g of North Andover ' You are hereby summoned and required to serve upon •...................... plaintiii attorney, whose address is _92.?--Bost-or+--Pas-t..Rd-.- ---*F4bor-oi.•4W01•732--•--.-., an answer to the b r -SCr complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclu- 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- � manned 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 ..........S%I eM-------------_..--------- either before service upon plaintiffs attorney or within a reasonable � 3 time (thereafter. r� L- IIaless 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 c3 plaintif's claim or you will thereafter be barred from making such claim in any other action. Ir w a WITNESS,Thomas R. Morse,Jr., Esquire, at Salem, the fourth z8 day of April in the year of our Lord one thousand WZ nine hundred and eighty- eight. Q w � 0 - F \ O E z �� CIPrk NOTFS: 1. This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure, 2. When more than one defendant is involved,the names of all defendants should appear in the caption. If a separate summons is used for each defendant,each should be addressed to the particular defendant. Office #30 PROOF OF SERVICE OF PROCESS tt- V er�by''o�rtlty and that oa ........................................................................... 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): ......»........................................................................................................•. _......_..... Dated: , 198, ........................................................................ N.B. TO PROCESS SERVER:— PLEASE ERVER:PLEASE PLACE DATE YOU MAKE SERVICE ON DEFENDANT IN THIS BOX ON THE ORIGINAL AND ON COPY SERVED ON DEFENDANT. 198 i a 0 s- c' Oz ° O U � m ca4 o tir 0 U w ►�{ H a N is O- L w V -- W w 0 7 s: y (� H W ~ :$ to +-: > dLn v�iV 0 mi`H o = U)= 'n° % a qhs a C > o (j U " _.� E dj O � iii°' c �: D Q Cn C cn Z': o O a v -o U h c u 3s Lo- -01 -01 I- 07 Ln W OAtEL LG yG (TO PLAINTIFF'S ATTORNEY: Yle r.rr Crrrlr Tl pr u/rl,tiuu h,rolrc( — TORT— Ai(AIQ ] , TORT — CONTRACT— EQUITAKE REI.IEF <5P NOR 7 43 PN " S T COMMONWEALTH OF MASSACHUSETTS Y ° g ESSEX,ss. SUPERIOR COURT CIVIL ACTION 748 b L.l.fada..A.-.F..�x.1 sant e.,.Trlt�-tem.srf..Et,Lc>r.ante..._..............Plaintiff(s) w Realty Trust v Paul Hedstran, George Perna, John Simons, John Burke and Eric Nitzsche as They are the ...._....Tovwl.--o-£--Nbr-t-h--Andover--Pl4anni-ng-$oard....................,Defendant(s) Ko .c 0 SUMMONS A m To the above named Defendant: George Perna, as he is a nvrrber of the Planning Board of North Andover You are hereby summoned and requirpd to serve upon .1-h .s,--Wr•-Gal.l-ahem1---Esgtti-ve....................... ir c plaintiff's attorney, whose address is ..929•.Bos•t•on.-Pos-t..Rcl-.- ---Mar-lbere -•Iv14.01752-...--- an answer to the a ccQ 8 ( complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclu- sive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief de- o � manded in the complaint. You are also required to file your answer to the complaint in the office of the Clerk 0 kof this court at .........,S%Jl em.......................... either before service upon plaintiffs attorney or within a reasonable a 3 time thereafter. m r Unless otherwise provided by Rule 13 (a), your answer must state as a counterclaim any claim which you $3 may have against the plaintiff which arises but of the transaction or occurrence that is fhc subject matter of the y 3 plaintiff's claim or you will thereafter be barred from making such claim in any other action. O .. � O W F ° O8 WITNESS,Thomas R. Morse,Jr., Esquire,at Salem, the fourth z m day of April to the year of our Lord one thousand it nine hundred and eighty- eight. E O 2 -1 - - z % C. - !/ CtPrk NOTES: 1. This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure. 2. When motel than one defendant is involved,the names of all defendants should appear in the caption. If a separate summons is used for each defendant,each should be addressed to the particular defendant. Office $30 PROOF OF SERVICE OF PROCESS Ihereby certify aAdareturn that on ...........................................................-.............. 198 1 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): ............................................................................................................................................................................................... ------------------------------------------------------------------------------------------------------------------------------------------............................................ ...........................................................................................................................................................................I.................... 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 X C -: C) Z 4 : C VD v C C 4): C r14 P L. a 0 ;4 W 4-: > P.; 0 % LW; 0 0 U F-: C U):r'U z 4) C >>t5 0 U Z P4 to U: &W C W : Cn viN Z' 0 0 Wi .�7 j La- o U.: �ifeG!_iVEO DANIEL LONG (TO PLAINTIFF'S ATTORNEY: Please Circle 7)Pc ollhfir a Int,died., — TORT—jf11(ot, I1i TORT — CONTRACT — EQUITABLE RELIEF OW OTHE TH Alli} 7 ' OWN N j T COMMONWEALTH OF MASSACHUSETTS Y 0 C ESSEX,ss. SUPERIOR COURT >� CCTION N 748 c ,� P1 d � _L.irtdn.A....Farrante,,...Irus-tee:.oL..Ferrante........................Plaintiff(s) Realty Trust aPaul Hedstran, George Perna, John Simons, John Burkeand Eric Nitzsche, as They are the Tomo-f..-bbF-t-K-.Arad©sees.-.P•14tnning--Bm-r-d.,NbF-t-K-Ar4do*ev.-P-14anni-r4g--Bm-r-d...................................Defendant(s) a � SUMMONS Q � ;aA To the above named Defendant: John Simons, as he is a marrher of the Planning Board of North Andover That s W. Callahan Esquire 4) 14 You are hereby summoned and required to serve upon .... .................................................................I c plaintiff's attorney, whose address is ....,929 Boston- Post Rd.,Marlboro.,VA 01752 , an answer to the v 8 0 complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclu- sive of the day of service. If you fail to do so, iudgment by default will be taken against you for the relief de- n Fmanded in the complaint. You are also required to file your answer to the complaint in the office of the Clerk a K of this court at .............SS&I-en............---•-••--•- either before service upon plaintiffs attorney or within a reasonable a 3 time thereafter. a Unless otherwise provided by Rule 13 (a), your answer must state as a counterclaim any claim which you 1, z may have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the cplaintiff's (claim or you will thereafter be barred from making such claim in any other action. 1 � W F o OWITNESS,Thomas R. Morse,Jr., Esquire,at Salem,the fourth z m day of April in the year of our Lord one thousand Gnine hundred and eiKhty- eight. O 0 / w Z �� Clerk NOTES: I. This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure. 2. when thore than one defendant is involved,the names of all defendants should appear in the caption.If a separate summons is used for each defendant, each should be addressed to the particular defendant. Office t30 PROOF OF SERVICE OF PROCESS v- Urei)y 6r* and retro that on .......... ......... .........-....................—1 198 1 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) (1Z): ................................................I........................................................................................................................... 1-7--L...................................................................................................................--............................................................ ....................................................................................................................................................................................... Dated: 1198 ....................................................................... 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. 1198 0 Z V, C) 1) 0 -C: C 0 4) C C V C 0 0 u 4) Cn 4- -Y > v1. u:—, 6. .a dF- CD Z -C: 0 Qj -C C 0 a; 0 0 u zQ 0 4--! CZ 14 4) -C: N. 0 W—) Z'-; 0 M DC -0 C u: if0 -) uj C8 (TO PLAINTIFF'S ATTORNEY: YlrJre Cirtic Tlnc n/Artrrnr Irrrolrcd — T T— hl '1.E TORT— CONTRACT— EQUITABLE RELIEF OTHER WORTH ANDOVER 0 COMMONWEALTH OF MASSACiluSET?S 10 '88 a ESSEX,ss. SUPERIOR COURT CI)ILIMCTION sawv NOD" 9i c a, Linda A. Ferrante, Trusee of Ferrante Plaintiffs) .................................................................... .................. -�--.......................ealty Trust ov Paul Hedstrom, George Perna, John Simons, John Burke,and Eric Nitzsche, as They are the _ _Town of North Andover Planning.Bogrd_•.................. Defendant(s) .......................................•-•---�-•---• o e a ra 0 Y � d SUMMONS .� To the above named Defendant: John Burke, as he is one. er of the Planning Board of North Andover o You are hereby summoned and required to serve upon .....Ths .j---Wt... Q1.Iah=...E.squ-Lre................... e plaintiffs attorney, whose address is ............. an answer to the ro Cd v 3 complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclu- 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- o � manded in the complaint. You are also required to file your answer to the complaint in the office of the Clerk of this court at ................ a 1 qm.................... either before service upon plaintiffs attorney or within a reasonable a time thereafter. a 3 S 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 r plaintiff's claire or you will thereafter be barred from making such claim in any other action. o .. >r c F o AWITNESS,Thomas R. Morse,Jr., Esquire,at Salem, the fourth 12 „ day of April in the year of our Lord one thousand u lu nine hundred and eighty- eight O °z m ��' Cferk NOTES: 1. This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure. 2, when more than one defendant is involved,the names of all defendants should appear in the caption. If a separate summons is used for each defendant,,each should be addressed to the particular defendant. Office #30 PROOF OF SERVICE OF PROCESS ' ti?Y: Y�an�?�tum 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): .............. 1-5): ... •'.:� .old w........................... ........ ............... ........ .........r ............................... ......................................................... Dated: 1198 .................................................__...._............... 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 F ] Z N 0)p OrX4 } c 0 aU v caw' o cn O x w d � .�.� a F P � a� � "© n y cpm'};= > � " W � � z �� "os V) a 0 v U a � e ar 0 cf.Q. A vi N Q r: in zo N U a: -a K c F �-C N' a O w RECEIVED DANIEL LORG (TO PLAINTIFF'S ATTORNEY: Yl asv Cirrh T)pr of Actum latolred — TORT-- i1lV"96RMC1.L• TORT CONTRACT— EQUITABLE RELIEF — OTHERPRTH ANDOVER An 7 1 43 PN '88 r COMMONWEALTH OF MASSACHUSETTS a P ESSEX,ss. SUPERIOR COURT CCTION NK '748 a cd v P3 0 ....Indfx.A...Ferxan te,...Tr us.tee...of--Eseran.te........................Plaintiff(s) X Realty Trust V. S v Paul Fiedstrary George Perna, John Simons, John Burke and Eric Nitzsche, as They are the ..To=.-af...Nor To=. -BoGr-d---•.........................Defendants) 0 SUMMONS c To the above named Defendant: Eric Nitzsche, as he is a m1+er of the Planning Board W of North Andover You we hereby summoned and required to serve upon ......----------}hates.W:•-£eHeherly••€Squ-i-re........ A plaintiff's attorney, whose address is ....92.9..- ........... an answer to the M CSV 3 complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclu- sive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief de- manded in the complaint. You are also required to file your answer to the complaint in the office of the Clerk 0 8 of this court at ............Sa.l�....................... either before service upon plaintiffs attorney or within a reasonable a3 time thereafter. 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 3 plaintiff's claim or you will thereafter be barred from making such claim in any other action. o Y 7 p., o Z ' fourth WITNESS,Thomas R. Morse,Jr., Esquire,at Salem, the z $ day of April in the year of our Lord one thousand nine hundred and ^eiighty- eight. D � U —' Clerk NOTES: 1. This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure. 2. When more than one defendant is involved,the names of all defendants should appear in the caption. if a separate summons is used for each defendant,each should be addressed to the particular defendant. Office #30 PROOF OF SERVICE OF PROCESS i6reby"certify and ke rn 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): ............._.................._......_.............................................................._._....................._............................................................... ill 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 Xq y r Q Q C V N O C Ni C DU w ! N W d HW pw > � �^ o "� a W5 - 6-co ocQ > yM v U � o'� cb . c 4- sr OCA � lYa C �; G `" y C Z. O UO c Q s .� a ww a° quip$ C/) ASSIGNMENT For v,aiue received , Linda A. Ferrante, Trustee of Ferrante Trust hereby assigns, transfers and sets over unto H, rI.pstead Outlook, Inc:. of Hampstead, N.H. all due or to beco_ne due to Ferrante `Trust from the 'ro�•.n cf D;orth Andover, _MA under a performance bond posted with the Planning Board of said Town in the amount of $71 , 000 . 00 together 117ith any and all interest earned thereon. If any amounts are paid to me directly I shall gold the same in trust for said Hampstead outlook, Tnc. and turn it over promptly. signed and sealed this day of July, 1990 . rrante, , Trustee P fitness \assignment l f. _:0 "2 44 ��NY I OFFICE OF 4 TOWN COUNSEL � < 89 MAIN STREETh'� NORTH ANDOVER, MASSACIIUSETTS 01845 ftRrER 11 AN'DRiE 1 µOR TR f C ,,..c • ^tiA �`" DOMENIC 1.SCA W5E o? '� °�, � 4 *617)682-4153 PETER G.SIIANEEN . (617)689-ORM TOWN COUNSEL •" ,...:a..,. F 1SaACH45fi4 June 10, 1988 Civil Clerk Essex Superior Court 32 Federal Street Salem, MA 01970 RE: Linda A. Ferrante, Trustee VS. Town of North Andover Planning Board Civil Docket No. 88-748 Dear Sir/Madam: Concerning the above captioned civil action we enclose herewith an appearance on behalf of the Town of North Andover and a Stipulation of Dismissal which we would have you file with the Court . Very truly yours , ,y o e c J Scalise et haheen cc: Scott Stocking, Town of North Andover Planner Thomas W. Callahan, Esquire " COMMONWEALTH OF MASSACHUSETTS SUPERIOR COURT CIVIL ACTION ESSEX,ss. No. 88-748 Linda A. Ferrante, Trustee Ferrante Realty Trust Plaintiffs) b. Paul Hedstrom, George Perna, John Simons, John Burke and Eric Nitzsche as they are North Andover PlanningBoard, Defendant(s) NOTICE OF APPEARANCE To the Clerk of the Above Named Court: Please ienter%R appearance as attorney for-the._.dafA-ndaro--- Paul edstrom George Perna, John Simons, John Burke and ric Nitzsche as they The Town of North Andover Planning Board in the above entitled case. Dated: Jima 10 _ 1197: 1988V40 D&eriic i e Attorney for Defendants Pete ithatieenAtimneyfor Defendants Address: 89 Main St ._, North Andover, MA 01845 617-682-4153 Tel. No. 617-689-0800 __ COMMONWEALTH OF MASSACHUSETTS ESSEX COUNTY, S . S . CASE NO. 88-748 LINDA A. FERRANTE, TRUSTEE } FERRANTE REALTY TRUST } COMPLAINANT } VS ) } STIPULATION OF DISMISSAL PAUL HEDSTRCM,GEORGE PERNA, ) JOHN SIMONS. JOHN BURKE ) AND ERIC NITZSCHE AS THEY ARE } THETOWN OF NORTH ANDOVER ) PLANNING BOARD ) Now comes all of the parties to this action and stipulate that the action be dismissed in it ' s entirety without prejudice to either party . Linda A. Ferrante, Trustee Paul Hedstrom,George Perna, Ferrante Realty Trust John Simons, John Burke, and Eric Nitzsche as they are the Town of North Andover Planning Board By it ' s Attorney By it ' s Attorney Tho(nas W. Callahan, Esq. D epic J. S lise, Esq. 929 Boston Post Road Main St et Marlboro, MA 01752 North Andover, MA 01845 617-481 -4840 6 - 82-4153 P ter G. Shaheen, Esq. 9 Main Street North Andover, MA 01845 617-689-0800 MAW THOMAS W. CALLAHAN !1 COUNSELLOR AT LAW aaa BOSTON POS,�T,- '-x. CERTIFIED rF ` r MARLBOROUGH,MASSAC1 MAIL Town of North An over Planning & Corrmunity Development a 120 Main Street North Andover , MA 01845 Attn : Scott Stocking Planner atVt in l