HomeMy WebLinkAboutLegal Document - 250 BRIDLE PATH 6/1/1999 u
JUN 01 '99 10.06AN URBELIS F"IELDSTEEL BAILIN LLP P.6
0318999m
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. LAND COURT
MISC. CASE NO, 249120
HENRY KUCHARZYK, TRUSTEE )
OF HEFCO REALTY TRUST, )
Plaintiff )
}
V. )
} CERTIFICATE OF SERVICE
RICHARD S. ROWER ALISON LESCARBEAU ).
JOHN SIMONS, RICHARD NARDELLA AND )
JOHN V. MAHONEY, AS THEY CONSTITUTE )
THE PLANNING BOARD OF THE TOWN OF )
NORTH ANDOVER, )
�\` 4 Defendants )
r` I, Michael P. McCarron, attorney for the Plaintiff herein, hereby certify that I
fF have served a copy of the Pjjjjnjiff equest for Interrogatories to the D f ant
f Planning Board of North Andover upon the Defendant by mailing a copy of the same this date
/ by first-class mail, postage prepaid to:
Thomas Urbelis, Esq.
Urbells, Fieldsteei & Bailin
155 Federal Street
Boston, MA 02110-1727
attorney of record for the Defendants.
Cate:
Michael P. McCarron
®BO No. 327570
Grenier& McCarron
100 Hathorne Office Park
491 Maple Street
Danvers, Massachusetts 01923
GRENIBR&MCCARRON (979) 777-7000
ATTORNEYS AT LAW
100 MATHIORNE OFFICE PARK
491 MAPLE STREET
DANVERS,MA 01929 KUCHARZYK.31 s 031 s99am
(P78)777.7000
JUN 0111'99 10:05AN URBELIS F"IELDSTEEL BAILIN LLP P.5
int, 23 Please identify each and every person whom you intend to cause a non-expert
witness at trial.
HENRY KUCHARZYK
By his Attorney,
Date:
Michael P, McCarron
BBO No, 327570
Grenier& McCarron
100 Hathorne Office Park
491 Maple Street
Danvers, Massachusetts 01923
(978) 777®7000
GRENIER MCCARRON
ATTORNEYS AT LAW
100 HATHORNE OFFICE PARK
P4 ®
491 MAPLE STREET
DANVEM,MA 01923 KUCHARZYK.318 031899am
(0791 777.7000
JUN 01",99 10:04AN URBELIS FIELDSTEEL BAILIN LLP P,Z
031899am
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. LAND COURT
MISC, CASE NO. 249120
HENRY KUCHARZYK, TRUSTEE )
OF HEFCO REALTY TRUST, )
Plaintiff } TIFF'S EIR UEST
EDE INTERROGAT IES TO
V. } THE DEFEN®ANT PLANNING
ARD OF NORTH ANDOVER
RICHARD S. ROWEN, ALISON LESCARBEAU }.
JOHN SIMONS, RICHARD NARDELLA AND )
JOHN V. MAHONEY, AS THEY CONSTITUTE }
THE PLANNING BOARD OF THE TOWN OF )
NORTH ANDOVER, )
Defendants )
Pursuant to Massachusetts Rule of Civil Procedure 33, the Plaintiff Henry Kucharzyk,
Trustee of the Hefco Realty Trust, hereby requests that the Defendant Planning Hoard of the
Town of North Andover answer the following interrogatories in writing, under the pains and
penalties of perjury, and serve its answers on the Plaintiff's Attorney, Michael P. McCarron, at
100 Hathorne Office Park, 491 Maple Street, Danvers, Massachusetts 01923 within forty-five
(45) days.
IMIRROGATORIES
Int. 1 Please identify the person answering these interrogatories.
Int. 2 Please identify every other person who participated or consulted in the
preparation of these interrogatories including the specific interrogatory answers
which he or she participated In answering or was consulted upon.
Int. 3 Please state the name, address, occupation, educational background, and
professional background of each of the members of the North Andover Planning
Board.
GR NC£R&mccAnON Int. 4 Please state the name, address, occupation, educational background, and
ATTORNEYS AT LAW professional background of each employee of the Town of North Andover,
100 HMNORNE OFFICE PARK independent consultant, or engineer who assisted the Planning Board in
491 MAPLE STREET
DANVM.MA 01929
(978)777.7000 KUCHARZYK.318 031899am
I!
JUN 01 '99 10104AN URBELIS FIELDSTEEL BAILIN LLP P.3
rendering its June 9, 1993 decision to deny the Plaintiff's special permit
application.
Int. 6 Please state the name and address of every person involved the actual
preparation of the Planning Board's June 9, 1998 decision to deny the Plaintiff's
special permit application.
Int. 6 In the Planning Board's opinion, is it possible to lawfully construct any structure
on the Plaintiff's Lot 20A pursuant to the 1979 Zoning By-law without the
necessity of first requesting and obtaining a variance.
Int. 7 Please state whether it is the Planning Board's opinion that no single-family
home could ever be constructed on the Plaintiff's Lot 20A due to the
requirements imposed by the Wetlands Protection District.
Int, 3 Please state, based upon all applicable zoning regulations, what economic use of
the Plaintiff's Lot 20A is available in light of the Board's June 9, 1993, decision to
deny the Plaintiffs special permit application,
Int. 9 Please state the name and address of every engineer, consultant, limnologist,
wetlands scientist, or other individual with expertise that the Planning Board
relied upon in determining that the Plaintiffs proposed construction would
adversely impact water quality.
Int. 10 Please state the date, author, and location of any plans, letters, reports, data, or
memoranda prepared on the issue of the adverse impact on water quality caused
by the Plaintiff's proposed project.
Int, 11 Please provide a list of all Wetlands Protection District special permits granted
since 1979 to applicants proposing construction within 100 feet of a tributary.
Int. 12 Please provide a list of specific reasons, with reference to any plans or reports
prepared by consultants or other individuals, that supports the Planning Board's
factual determination that the Plaintiffs proposed construction would elevate
suspended solids, nutrients, and bacterial concentration of the tributary or of
Lake Cochichewick,
Int, 13 Please provide a list of specific reasons, with reference to any plans or reports
prepared by engineers or other individuals, that supports the Planning Board's
conclusion that the drainage control mechanisms as designed by the Plaintiff
would fail to protect the tributary or Lake Cochichewick's water quality.
Int. 14 Please state the design parameters of a drainage control mechanism(s)which
would adequately protect the water quality of a tributary 50 feet from the
Plaintiffs proposed construction, if any.
OPMER a MCCARRON
AVORNEYS AT LAW
100 HATHOPNE OFPICB PAW
491 MAPLE MURT
DANVERS,MA 01923 KUCHARZYK.318 031899am
19781 777,70W
JUN 01",99 10:05AN URBELIS FIELDSTEEL BAILIN LLP P.4
Int. 15 Please specify all deficiencies in the Plaintiff's plan which would, if not addressed,
adversely affect water quality in the tributary or Lake Cochichewick.
Int. 16 Please state with specificity each reason why the conditions imposed on the
proposed construction by the Town of North Andover Conservation Commission
in Order of Conditions Number 242 -922 would be insufficient to protect the
water quality of the tributary or Lake Cochichewick pursuant to the Wetlands
Protection District regulations.
Int. 17 Please state each and every document, plan, memoranda, letter, or report the
Planning Board will introduce as an exhibit at trial.
Int. 18 Please provide each and every fact the Planning Board relied on when in
Paragraph A of the Boards'June 9, 1998 Decision to deny the Plaintiff's special
permit application the Board stated that the specific site is not an appropriate
location for the construction of a single family home.
Int. 19 Please provide each and every fact the Planning Board relied on when in
Paragraph B of the Boards'June 9, 1998 Decision to deny the Plaintiff's special
permit application the Board stated that the uses as developed will adversely
affect the neighborhood.
Int. 20 Please provide each and every fact the Planning Board relied on when in
Paragraph C of the Boards' June 9, 1998 Decision to deny the Plaintiff's special
permit application the Board stated that adequate and appropriate facilities have
not been provided for the proper operation of the proposed use.
Int. 21 Please provide each and every fact the Planning Board relied on when in
Paragraph D of the Boards'June 9, 1998 Decision to deny the Plaintiff's special
permit application the Board stated that the use is not in harmony with the
general purpose and intent of the North Andover Zoning Bylaw.
Int. 22 Please identify each and every person whom you intend to call as an expert
witness at trial, stating the subject matter on which each expert is expected to
testify, the substance of the facts and opinions to which each expert is expected
testify, and a summary for the grounds for each opinion.
GRENIER&MCCARRON
ATTORNBYS AT LAW
IOU MATHORNB OPPICE PARK e ry v
A91 MAPLE STREET a7
DANVERS.MA 01M KUCMARZYK.318 031899am
(9701 7974000
JUN 01 '99 10:04AM URBELIS FIELDSTEEL BAILIN LLP P.1
UR ELISI FIELDSTEEL & BAILIN, LLP
155 FEDERAL STREET
BOSTON, MA 02110
Telephone: (617)336-2200
Telec®pier: (1317) 338-0122
Andover Office
26 Chestnut Street
Andover,MA 01810-3600
Telephone: (976)475.4632
FAX COVER SHEET
TO: Heidi Griffin FAX: (978) 688-9542
FROM: Thomas J. Urbelis, Esq./®evra G. Bailin, Esq. PHONE: (617) 338-2000
DATE: June 1, 1999
Number of pages including cover sheet:
Message
THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE
USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT,YOU ARE
HEREBY NOTIFIED THAT ANY DISSEMINATION;DISTRIBUTION OR COPYINQ OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU
HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL
MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S.POSTAL SERVICE. TkANK YOU.
MEN
E 1
- m
rw••au.u•rrra au.nwa.x•o ar eowro•anor ha«a road r•• � "._�"le
506 Landsail Construe tion,Inc.
&co"rasi on duly established under the 11W,of Massachusetts
uld baring its usual place of buiaxsa u 33 Bridle Path, North Andover, f
Essex Causcy,Maasadsusetb `=
1
: for consideralioa paid,and in full oonsiduuioa of $1.OQ -
grantsco Landsail, Inc., a Massachusetts corporation having an usual
sinew at 292 Beacon Street, Boston, Suff lk Cpunty
x Nassachuaetta ~I�
AU .-7
tdotas}ds" . ;-_ t
�sf�ft11�3t 1 �a�
' (Ik.algae aed axvmMunti H an) - -
1 All right, title and"interest in and to Lot 20A Bridle Paths North
Andover, Essex County, Massachusetts, as shown on plan entitled ? "
"Revised Plan of Land Located in North Andovers MA Prepared for 1•
Landsail, Inc." dated April 2, 1979, Frank Co Celinas and Associates
J Engineers which plan is to be recorded with Essex North District Deeds
herewiths bounded and described as follows: clan 8088
NORTHWESTERLY by the line of Bridle Path in two lines, 64.40 feet
( and 85.60 feet;
SOUTIPJESTERLY by Lot 19 on Plan 47548, 482.04 feet;
SOUTHEASTERLY by Lot 21AA as shown on said plan, 172.00 feet;
NORTHEASTERLY by Lot 21AA, 86.00 feet; .ff
NORTHERLY by said Lot 21AA, 44.98 feet; and
r NORTHFASTERLY by said Lot 21AA, 234.00 feet.
1 Containing 57s935 square feet of land more or leas according to-said plan
T f or however otherwise said premises may be bounded, measured ordescribed.
f Subject to and with the benefit of 30 foot utility easement as shown on
r -je,•
said plan.
i=
;. Subject to and with the benefit of agreement with Conservation
Commission recorded with said Deeds Book 13010 Page 321; Agreement
and restrictive covenants with the North Andover Planning Board,
recorded in said Deeds Book 1301; Page 310-312; Restrictive Covenants .
a i recorded in said Deeds Bose 1312, Page 388; Subdivision Control
Agreement recorded with said Deeds Book 1301; Page 313; Grant of
easement to the New England Telephone and Telegraph Company recorded
said Deeds Book 1312, Page 183.
r' Excepting and excluding from this conveyance the fee in Bridle Path
opposite said lot but there is hereby granted to the grantees and their =`
successors in title the right to use the streets and roads shown on !
1 ! said plan in coamon with all others legally entitled thereto.
' For title see deed of Mary-Ellen Williams, Trustee Oak Ridge Trust {G
recorded with said Deeds Book 1361, Page 647.
:: . For Vote see Certificate of Vote recorded said Deeds Book 1345, Page
764. --
1 r
-f
- , - •_ ` till''�l{
BK1369 ,
Itt 1U11 won t0errof, the aaM Landsail Construction, Inca � 507 � ytir
has ,used its rnrponte scal'to be hereto affixed and these-presents to be signed,acknnwlcdged and ?
delivered in its name and behalf
61 John C. Tuttle, Jr., Executive Vice President `y '
lees hereto duly authorized, this s` �Vl� N s"
day of (t _ / in the year one thousand nine hundred end seventy-nine.
Siga ed and sealed in presence of
—;-nds+sii-ConetruatienT-lne.— P
by
— 1a1in'i:�act9'c�5fl reutive��/J
Vice Fresident
alit aottttttmtwtaltil n( Siaasa hviattta ?f
as. 2 S 1919 r
- Then personally appeared the abort named John C. Tuttle, Jr*, Executive
'.
MePr s dent pe aforesaid r
d no�Cl gad the foregoing instrument to be the free act and deed of the said Landaail 1 �:
Construction, Inc.
.4
before me
Noun la--Xpr10tR1EKR1r1( •. .�
Recorded May 7,1979 at 3:21PM 14023 �r r°"'�"t°a rrd"' 31
• E
r
F
EXHIBIT
E
- m
BK134.5_1� ®i
M�Fr Landeail, Ino. - •, -
acoipoatia►duty"UMisised ands tht laws of xAssachusetts
and haring its u"pbmofbus)a at 292 Beacon Street, Boston ty'
Suffolk
for comideistloa paid,sad in fall ooesidmtaa
of $25,000.00
gcsneslo Landeail.Conitruotion� Inc., a Massachusetts corporation
of 31 Bridle Path, North >,ndovor*;Massachusetts with gutttlatm = i
thob�tadcie+x .- /�
. (Deaiy6en and mcvmbanm.U ani) - � ..
asachusetts, being shown
The land ..in North Andover, Essex County..
Ma
as Lot 21 Bridle Path on a plan entitled, 'Definitive Plan of Land
of Great Pond Woodland, located in North A iates, Engineers,ewhich
August 23, 1976, Frank C. Gel
plan is recorded with Essex North District-Deeds as Plan 17548,
bounded and described as follows : ,
s the line of Bridle Path, 150.00 feetl
' NORTHWESTERLY by 530.84 feeti
SOUTHWESTERLY by Lot 20,
EASTERLY by a stone wall and land now or formerly of Martin and
ti M,agdalemna Smolak as shown on said plan, 149.9? feeti 1
NORTHEASTERLY by Lot 22, 443.70 feet. to said plan or i w
b§ bounded, measured Or described.
p' however
Containing riaecsaid premiseemay r less according re
� LIl,i�
�9,t'•JJ1 See Certificate of Vote recorded with said Deeds Book 1277, .Page 82. ) +
j :•
y Subject to and with the benefit of 20-toot Drain Easement as-ahown on '
said plan.
as the
ranted
Excepting and excluding pposithisa dnlotabut thereeisiherebylg Path
es3ors in ti
to the gran ass and their succd plan in Cotmmon with-all others legally 1
streets and r
entitled thereto. tz,
K l: a
Subject to and with the-benefit of agreement with Conservation
Commission recorded said Deeds Book 1301, Page 321. reemsnt t. ,:%•_ , �
eds Book
'
Subject to and with the benefit of restrictive covenants and $
with the North An
Planning Hoard r000rded with said pe
�.
°! 1301, Page 310-312, 13 1976s
For title see deed of Christiana R. Yeutter, dated July ,
recorded with ■aid Deeds Book 1387, Page 81,
;}.%. `.
Subject to and with the benefit of restrictive covenants recorded
i, said Deeds Book 1312, Page 388•
.
i
I: Subject to and with the benefit of Subdivision Control Agreement
Page 313. 4
recorded with said Deeds Book 13011
g x+.
>i.
6ubject to and with the benefit Of grant recordedesaid Deeds Book 1312r 1.:,�>•}•
England Telephone and Telegraph II :
Page 183. with the land that '*
Subject to and with the ben efin thea149a92ifoot strip i for a width lot
no existing trees may be cut ° a
l0. feet runnin along adjacent with tt►a easterly boundary °t
i as shown on said plan.;` i
n./� i Cry
' "�.eF�.4::C1 rr c-Li1 C1i
• .+,Jy(i 171 1Y�fit~
c
i
t
- - t
��Sln I•:'�W,t��S.�{y+.�'fl�I'�rtST*'?>�LYSL;��i:�t �;yi+�t:
�,.;.r f r __;L,_.; =�>•.�!'S;t. _.: ,. �,::• �.•�i::ziz::::�'_r=.��='„� `;f.,:: °�w'!`.�C�r'„++\tr.ca•c..•+�c`xrt^�`O4<s +s+rsyz.ea�"C"•..•a«.- 1 �"�}, ��
� -�'.y•fix*.� r�-'�
4.
s r
BK1345
• _ _ - .. .. .. Y cam, 4,ek4e�
fit BBB ta4frf0f. the sad' Landsail, Inc.
has caused its oorpomte sest to be hereto affixed and these msents to be signed, acknowledged and s
delivered in its name grid behalf by John C. Tuttler Jr., Executive Vice "
1;
*z President hereto duly authorized, this vZt: `
day of in the year one thousand nine hundred and seventy—eight.- _
Signed and sealed is presence of
..........»..»...». . .......»...» o n C. Tut a, Jr.
by F.
Executive Vice President !'
i°
• Culle a amtattmts.14 of Aaesatllaettta ;
1978 ..
'Inert personally appeared the above named John Co Tuttle, Jr., Executive Vice :ti
President as aforesaid, ;I
and acknowledged the foregoing lnstruruent to be the free act and dad of the Landsail, Inc.
before ae
• Nwr►1'I+blk•,�amnMktlrlQSi�eat
't
Recorded July 27,1978 at 11:41M 07739 Ur�•+�•� .7 3 ' '•' PL I,t, .
V .
• � to ,!7 - t f V� .t t _ -'.t. ',a
rl... !1 r1: .- ,ij t. _.;0�• «. ..r(� .... :(: r .117 r.•Ir!t':l.,.l -. - ',,,,.
,.. jf. '•ra`i./ 1•RI„rtl{ •_ .: . .
Al
a
1 �
r-£�
t
•�'.\it.-. .-:`4•�32PA!S^.. ^t^.!:_- .. 'MY!^_s. ?�_�xlR'�_..i t\-..ry:rs'- - �S:•.'f- .... ?� _ .. I. i..3..ti� �.a:L...l.�:Y:�M1>' ._..
1��''Y7����:�,�`'fi��.r �3��P.�a.`�•r-�j�+�,xyes.w=.sfzr�. ,•
IT
EXHIBIT
a
e
►4 a 8
1 p m
~'
YwsaAcwama Wftt\YY O[ND ri C011�U17414 MONO
f t.
5 - Ty
Landsail, Ino.
r. acorporationdulyc VAHsheduodertbeL.riof Massachusetts
and having iu usual place of business at 292 Beacon Street, Boston, 7
3 Suffolk Cauaty,Masadruww
c (ar consideration paid,and in Full mnsidmtion of 11.00
4h
gnnisto Landsail Construction, Inc., a Massachusetts corporation having
a�t� usual place of business at 33 Bridle Path, North.VdgY� Eu�€� a unty,
Massachusetts '
f 'S
All right, title and interest in sad to Lot 21AA Bridle Path, .North j Y
Andover, Essex County, Massachusetts, as shown on plan entitled "Revised .
Plan of Land located in North Andover, MA, prepared for-Landsail, Inc"
dated April 2, 1979, Frank C. Celinas b Assoc. Engineers, which plan is
to be recorded with Essex North District Deeds herewith, bounded and
described as follows:
Plan E80E8 '
r' NORTHWESTERLY by the line of Bridle Path, 150.00 feet;
�+ SOUTHFtESTERLY b Lot 20A as shown on said lan 234.00 feet;
3t- Y a P r i
s..? SOUTHERLY by Lot 20A, 44.98 feet; >-
i SOUTiRlESTERLY again by Lot 20A, 86.00 feet;
' NORTHWESTERLY by Lot 20A, 172.00 feet; Y'
S SOUTHERLY by land now or formerly of Anthony J. and Ellen Anna
t Foresta, as shown on said plan, 150.00 feet;
EASTERLY by a atone wall and land now or formerly of Smolak, :7
149.92 feet; !+
NORTHEASTERLY, EASTERLY, NORTHEASTERLY and EASTERLY by Lot 22A, as shown i k
on said plan, 76.69 feet, 157.00 feet, 146.00 feet and
' 111.29-feet.
t
;z Containing 56,037 square feet of land more or lees according to eeid plan
9�r
or however otherwise said premiss may be bounded,measured or described.
ter; :
Sec Certificate of Vote recorded with said Deeds in Book 1277, Page 82.
;„
Excepting and excluding from this conveyance the fee in Bridle Path
d opposite said lot but there is hereby granted to the grantees and their
successors in title the right to use the streets and roads shown on said
plan in common with all others legally entitled thereto.
Subject to and with the benefit of agreement with Conservation.
8 y Commission recorded in said Deeds Book 1301 Page 321.
Subject to and with the benefit of agreement and restrictive covenants
with the North Andover Planning Board recorded in said Deeds Book 1301
Page 310-312.
i Subject to and with the benefit of restrictive covenants recorded
Page in said Deeds Book 1312 P g e 388.
Subject to and with the benefit of Subdivision Control Agreement
recorded with said Deeds Book 1301, Page 313.
s.7 Subject to and with the benefit of grant of easement to the New
}' England Telephone and Telegraph Company recorded with said Deeds
;7 Book 1312, Page 183. r
} For title see deed of Christiana R. Yeutter dated July 13, 1976, recorded ?
sj. said Deeds Book 1287, Page 81; and see deed of Mary-Ellen Williams, ?,
Trustee of Oak Ridge Trust recorded with said Deeds Book 1361, Page 647. - �
4.
c,
.... }� ..:: 2�.� ���;.7{�� h�r:`s,+.� �t �+I' a?ry .,,�-tt�e..-• `''" I4'1b�e •. •!!k"4'2rk4 4'�`.�'i5hcid•� 1 2 -Y'£ '�.i x.
A s-
BK1369
In mfhtrog to4orraf,the aid Landsail, Inc. t ,, ��
!us pued its corporate $al to be bereto affixed sad thew pceaents!o be slgaed,aduiovledged.m4
ddivered in its osme and behalf by John C. Tuttle, Jr_.,,./E�xecutiva Vice iPreaident
7iY hereto dull wdwi. 4 this �s t >
day of I a the ym one thnusaVaUff
and seventy-nine_ La � n , •
Signed and"ed in prescoce of
(/John C. Tuttle, J ., Executive
•Vlca PYea.iden- j
by
+{
-_ the aattuaantsealthi of iAnasssfptarfu
19 79 "}
Then personally appeared the abovo-named John C. Tuttle, Jr., Executive
Vice President as aforesaid
and ackno..-Iedged the foregoing irduwnmt to be the free ad and deed of the said Landsaii, Inc.
before me n - ^ - . / , i: .i
Mr,o..tr
Recorded Kay 7,1979 at 3t2lM 04024
..T�k
r:
a
.2pf
�i-X` 'nrw4n•V..,.-.. ...-. _.� _......._v.—.cv.�..�.......r=.. ......i. .... .. �.�at��-'e...riR.._.....��.�.+sa---=....a..a � ..s a.ul+r� ��}���=r
..� .:E-�r,_ sue.., _ - +•.:,:•._. .' -.--`-'_:.. "- :-:_ -�.`�kF ='''=`%:_.3ssy .:'- �.; "',, `%=-t '`.?t•':.,_ d.. _ ...
E
!: n EXHIBIT _
E
f
1381 m
•!F
UAIIACNUsrT,OOITCLAIY OQQp by COIL#" - .
ATtOH
1.4u v
Landsail, Inc.
! a oorporatlon duly estahMhed under the lAws Of Ma
and having ts Massa
•j; f 8 usual plam of business at 29 2 B on S
'• E sac treat, Boston r"
for maslderatian ply and Suffolk
full OOnside't o,Of `•.,:;;.'
040,000.00
' grAab to Vincent C;r:
_LDeclaraince of Fantasia, Trustee of
�D Trust dated April 10 Melrose d Y
ocument #531 4 , 1975"filednaestrent Trust-���
Distr 77 in the Land Registration Office o
,,,_,- apt of Middlesex Count stered $a "
f �+ aacaa 60 noted on Certificate o
Registration Book 86D, page 61 0
7 with Quitclaim Cov n P Title Nog ,
ants, f Reading, Middlesex Co 14602
C,. '• The land with < rP!roq.de°D"' UA') untY�,
s; North Andover, he building, now or hereafter
and 19 Bridle path County, Masaachuaetta Placed thereon,. North Andover being shown as in
. Massachusetts. Lots 1gA 4,
-Bein I� Plan ofhLandaH Lot 18A Bridle Path on a
�! Inc;" dated June in North Andover, Masan entitled, -"Revised ed Associates, Engineera978' Revised June 6, 1978reFrank f6r Lan$sail,'r:;r'
Of Deeds as plan recorded with Essex North District�lifias g
1!7847. Registry
j For a more
particular description of said lot see said plan.
Being shown as Lot 19 Bridle Pa y,
Plan of Land of Great Pond Woodland a '
Massachusetts" Plan entitled, +Definitive
Engineers dated August 23 Located in North
which plan is recorded 9with Essex C. Gelinae dower,
Of Deed, as Plan 17548. Essex Nor Associates,
North District Registry
For a more particular description of said lot see said
Subject to and with aid plan.
shown on Baid the benefit of 30-foot
plan, utility easement as
Subject to 50-foot future
lire
For roadway•easement as shown on said plan.
title see deed Of Daniel R. Hogan,
recorded with said Deeds Book 1283
! � g , Jr., dated April129, 1976, _
A . Page 385. '.
� ? See Certificate of Vote recorded with said Deeds B t
1} ; r
i� cepting and excluding from Book 1277, Page 82. {
i
Opposite said lot but this conveyance
their successors i there is hereby granted tto the j�antedle Path, ;
if shown on said plan in tle the right to use the s grantees•and
common with all _ treets:hnd roads z
Sub ject to -Others legally.-entitled, thereto.
and with the benefit of:
Commission recorded a
, restrictive said Deeds Book 1301eent with Conservation
re covenants with . Page 321
t With said Deeds Book 1301 the North Andover PlannIn ABoarderecorded
Ju ; recorded said Deeds Book 1312, 310-312; Restrictive Covenants
Agreement recorded . Page 388; Subdivision Control
t� easement
to New England Deeds Book 1301, Page 313; Grant of :?r
said Deeds Book 1312, Page 183°ne and-Telegraph Company recordedi
Cx -
3
it IN*
W J
i.7e,.1 '� � I ev l -' ?.AUS•I';3"�(�� � �. 2f7: _ ..
9111 ,
-4 ,f
�`� � g K 13 8 X �---• � �, ,�h�
z :
IiT
...t..s��gif the said •Landsail, Inc.
Acknowledged and
�seal to be hereto affixed and these Presents to be signed, Bed
�O i:.
i
And b"f by, ; John C. Tuttle, Jr.,/i�te Executive Vice �.
hereto duly autlwdzed. this
idant
i
in the yeu one thousand nine-hundred and seventy-nine.
'sealed in Presence of LAN IL, INC. (�
n
o
».. ................................... by u e, r
Executive Vice Presi ent {
ig 79
��-. - Ll�e ffiummanmesll� of �ugescl}nacite ,. _ ����.
John C. Tuttle, Jr., Executive: Vice'
z'Then personall y appeued the above named ; .
president as aforesaid,
led the foregoing instrument to be the free ad and deed of the Landsail, Inc.
sbd'"know sed
r.
' - before me '
at 4PNi if7623 ; {
ecorded Aug:1s1919
J.
,i.
yyee.w: !i
[ t i
j
EXHIBIT
z
i I _.......,.^^
$6 hnndsail;"Znc., a Massachusetts Corporation, having a usual place of
�, - - - •' Massachusetts � �.
Coanty, x.
jbusiness At 170 Great Pond Road, North Andover, Essex
+s i for eoasidetadtm paid.and in full coasideradoa of
`T hot.a a..�! O�v�dt%A o o c4-bRA d
Paul G. Cote and Henry Rucharzyk, as they are Trustees;of liefbo
gcaats m
Realty Trust, under Declaration of Crust dated June 20, 1980, duly recorded M,.
in Middlesex North District Registry of Deeds, with-titttltkttttt rDUtnttttia
Book 58. O
2437 Page 4 4.o wc�l 3
ti
°t
(DesaiPdoaaodeecumbraaa+<Uaa�)
Albright, title and interest in and to Lot 20A Bridle Path, North ?.
Andover, Essex County, Massachusetts, as shown on plan entitled
�it1I2i "Revised Plan of Land Located in North Andover, MA Prepared for 1 y
j ww Landsail, Inc. dated April 2, 1979, Frank C. Gelinas and Associates T
s {,iii ri -- = - —ingineera bihich plan is to be recorded1with Essex Nor#plani808gct Deeds
:- J - herewith, bounde an _
v J
NORTHWESTERLY by the line of Bridle Path in two lines, 64.40 feet `
and 85.60 feet;,
SOUTHWESTERLY by Lot 19 on Plan #7548, 482.04 feet; ti
, 7 SOUTHEASTERLY by Lot 21AA as shown on said plan, 172.00 feet;
NORTHEASTERLY by Lot 21AA, 86.00 feet; Y
�Ii , .. 4 NORTHERLY by said Lot 21AA, 44.98 feet; and
NORTHEASTERLY by said Lot 21AA, 234.00 feet. _ t
Containing 57,935 square feet of land more or less according to said plan r
or however otherwise said premises may be bounded, measured or described.
y
� Subject to and with the benefit of 30 foot. utility easement as shown on
_i said plan.
>s
41 i ement with Conservation Commission
'-U Subject to and with the benefit of agre
1 •``''' 1 recorded with said Deeds Book 1301; Page 321; Agreement and restrictive
Ii covenants with the North Andover Planning Board, recorded in said Deeds - :
Book 1301, Page 310=312; Restrictive Covenants recorded in said Deeds { .
Book 1312, Page 388; .Subdivision* Control Agreement recorded with said
!Ii. Qn Deeds Book 1301, Page 313; Grant of easement to the New England Telephone
and Telegraph Company recorded said Deeds Book 1312, Page 183. i.
Excepting and excluding from this conveyance the fee in Bridle Path .
j
opposite said lot but there is hereby granted to the grantees and their
successors in title the right to use the streets and roads shown on
said plan in common with all others legally entitled thereto.
For title see deed of Christiana R. Yeutter, recorded with said Deeds
Book 1287, Page 81 dated July 13, 1976.
For Vote see Certificate of Vote recorded said Deeds Book 1277, Page 82
I lilt
11.91 .
r�
14 �{
�sY.,LYs7�''n'g�§l�+Yk
it�'.. I�' t - — .--.• �
BR1557 -
......JAnna 19...82 s
87
3llttttt&e...n!X....baad sad seal this.....8th ...........day of r3'••••••••••• .
Y loss^chii^tts need Euine `i!��ra Landsail, Inc. Sy John C. Tuttle,
rt..aa-n..af.S.: f3 4o ...........Eecutive v„i,cg•••g ent.
dfWd and cawAled on tiva
hata�meats.................................................... t:•- -
III4t fsoataummealty of i*mu4mtte
Essex st.
January . 8�
1
9 82
Then personally appeared she above named John C. Tuttle, Executive Vice President,
duly authorized ;
and acknowledged the foregoing iasuvment to be the ummx of”
Landenil, Inc. before me, !
-VX .
4-;-� �
Recorded Jan,_18,1982 at 12114PM #605
I(/.00mmiuloe aptea " •• 94W
-
.
t
i
'�
EXHIBIt
Z
m
✓ ##f
t
SPECIAL TOWN MEETING,JUNE 26, 1978
Special Town Meeting of Monday June 26, 1978 at 7:30 P.M., in the Veteran-
Auditorium of the North Andover Middle School with Moderator Donald Smith
presiding and with 219 duly register voters present, the following was voted:
General 1 . To see whether the T Town and pursuant to authority granted in
Chapter Section (g) , as amended, will authorize the Board
of Selectmen to enter into a contract for operation of solid waste disposal
facility to be established in the Town of North Andover for the disposal of !
acceptable waste and for the use of by-products resulting from the operation
of such facilities which contract will :
1 . be for a term of twenty years, more or less;
2. include provisions for the delivery of minimum amounts of acceptable waste
and payments for the use of the facilities to be based in part thereon;
3. provide for unit prices for the disposal of acceptable waste that will be
granted rby-productstresultingrfrrom the use of the facility, electricity
and other b y, and for credits
or payments to the Town resulting therefrom:
4. provide for similar commitments by other communities;
5. provide for the use by the Town, other municipalities or other persons of
-the uncommitted capacity of such facility;
6. contain otter provisions incidental and related to the foregoing general
matters; and,
7. be generally in the form of proposed contract* negotiated by representatives
of the member communities of the Northeast Solid Waste Committee (NESWC)
with such changes therein as may be approved by said Board of Selectmen.
Petition of the Selectmen. VOTED UNANIMOUSLY to adopt the article.
ARTICLE 2. To see if the Town will vote to amend Section 7, Schedule A, of
its Personnel By-Law, by deleting the present Compensation Grade for the posi.
tions of Police Chief and Fire Chief and inserting in place thereof the
Compensation Grade of S-21* for both positions and to further amend Section 7
by deleting from Schedule C the Compensation Grades or P-3 and F-3 or take any
action relative thereto.
*This new Compensation Grade shall not apply to the present Police Chief,
Joseph W. Lawlor, his salary ratio shall remain as presently in effect; that
is two times that of a patrolman. Petition of Board of Selectmen. Voted
to reject the article.
ARTICLE 3. To see if the Town will vote to raise and appropriate the sum of
$20,000.00, to be expended under the direction of the Board of Health for the
purpose of full time position of Health Inspector for the Board of Health, I
to be chosen and supervised by the Board of Health, and the annual compensation
for such position to be set at $20,000.00. Petition of the Board of Health.
Voted to grant leave to petitioners to withdraw the article.
ARTICLE 4. To see if the Town will vote to amend its Ze°ir, Map to include the
boundaries of the- wy ahed Map 1978 and the Zoning By-Law by adding the `
4.133 WATERSHED DISTRICT
(1 ) Purpose: The W shed District surrounding Lake Cochichewick, our
s supply, is intended to preserve and maintain the
ration and purification function of the land, the around :eater
table, the purity of the ground water and the lake, to conserve
the natural environment and to protect the public health, safety
and welfare.
(2) Prohibited Uses: a. dumping trash, rubbish, garbage, wood stumps,
peat, junk, or other waste materials shall be prohibited.
(3) Dimensions and %o Build Requirements: a. Boundaries of the Water-
shed District are designated specifically on the certified North
Andover Watershed Map 1978 and are shown on the zoning map. These
maps are hereby made a part of this by-law and are on file in the
office of Town Clerk: b. Whzn the watershed district boundary
168
•
ADki?. h'Vr
, 1978
in the Veteran's divides a lot of record on June 26, 1978 in one ownership, all
or Donald Smith the zoning regulations set forth in this zoning by-law aPPsyeclal
ollowing was voted to the greater part apply area of overnlat and dbeyond such watershed
permit be deemed to apply and g
authority istrict-boundary but only to an extent not more than one boundary) into
y granted in (100) linear feet in depth (at a right angle ed such boundary)
authorize the Board the lesser part by area of such lot so divided; c. A no cut buffer
id waste disposal zone shall exist one hundred fifty (150) feet horizontally from the
r the disposal of annual mean high water mark of Lake Cochichewick and twenty-five
from 'the operation (25) feet horizontally from the edge of all tributaries in the
t watershed; d. No construction shall occur two hundred fifty (250)
feet horizontally from the annual mean high water mark of Lake
of acceptable waste Cochichewick and one hundred (100) feet horizontally from the edge
in part thereon;
-waste that will be of all tributaries, execept by special permit. The following section
le of steam, electricit shall be added to Section 2 of the Zoning By-Law and the following
le of , and for ctricit, sections shall be renumbered accordingly T swamp, or pond
I An
2,67 Tributary: Y P ortion of any brook, stream, bog,
or other persons of which flows into Lake Cochichewick.
2.50 onatheiUnitedWater States coast(Lake
andcGeodetickSurveyelevation of 112.41
foregoing general
2.51 No Cut Zone: An area where no trees, shrubs, or bushes shall be
ted by representatives cut. Board. VOTED UNANIMOUSLY to adopt the
Committee (NESWC) Petiti on of the Planning
oard of Selectmen. article.
the article. B Law by changing
ARTICLE 5. To see if the TofnthelTownttotinclude the parcel of land hereinafter
7, Schedule A, of the Zoning Map
n Residence 5 district:
Grade for the posi- described withi
e thereof the A parcel of land situated on Belmont Street, in North Andover,
ther amend Section 7 Essex County, Massachusetts, and bounded and described as follows: of
and F-3 or take any Beginning at the Southwesterlyacorger of land ntwsoreetr4681feet;
Andrew E. Alvino; thence running 275 feet; thence turning and running
t Police Chief, thence turning and running Northerly
Y Westerly 445 feet thence turning and running Southerly 180 feet to the point
1 in effect; that ,
Selectmen. Voted of beginning. Containing 99,271 square feet, more or less. Petition of the
Housing Authority. VOTFD UNANIMOUSLY to adopt the article.
rf He the sum of
ARTICLE 6. To see if the Town will vote to amend the Zoning By-Law by adding
rd d o of Health for the � thereto the following "Signs and outdoor Ll.awtaccordinglyions" as Sec. 6 and
Board of Health, renumbering the remainder of the Zoning By-Law
annual compensation
e Board of Health. Section 6: SIGNS AND OUTDOOR LIGHTING REGULATIONS
le. 6.1 AUTHORITY & INTERPRETATION general by-law pursuant to Chapter 93,
This by-law is adopted as a g by-law pursuant
io Map to includs the Section 29-33 inclusive, as amended, and a zoning y-
aw by adding the to Chapter 40A, as amendy-lawfish hereby rdeclared ototbe remedial
alth
of Massachusetts. This by-
and protective, and is to be so construed and interpreted as to
Lake Cochichewick, our secure the beneficial interests and purposes defined in Section 6.2
of this by-law.
ve and maintain the 6.2 PURPOSES
and, the ground pater 6,21 The regulation and restriction of signs within the town of North
lake, to conserve Andover in order to protect and enhance the visual environment of
blic health, safety the town for purposes of safety, convenience, information and the
welfare of its residents. public's
arbage, wood stumps, 6.22 The restricting of signs and lights which overload the Por which
prohibited. capacity to receive information, which y distracting Lattention or
daries of the Water- increase the probability of accidents by
the certified North obstructing vision. rivate
the zoning map. These
d are on file in the 6.24 The reduction of informational o
f ation
rm
district boundary signs and lighting
systems.
169
I _