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HomeMy WebLinkAboutMiscellaneous - 1001 Turnpike Street (2)Z 0 m W w > R 0 w w > E 0 w w > 0 w w > 0 w w > 0 w w > 0 w w > 0 w w > 0 w w > 0 w w > 0 w w > 0 w w > 0 w w > 0 w w > 0 w w > 0 w w > 0 w w > 0 w w > 0 w w > 0 w w > 0 w w > E 0 w w > E 0 w w > E 0 w w > E 0 w w > E 0 w w > R 0 w w > E 0 w J o a w a w a w a w a w a w a w a w a w a w a w a w a w a w a w a w a w a w a w a w a w a w a w a w a. w a w m w U N N N M M c0 M CSO waro LO~p ti (0) d N N 0 u u n u u u u u u u u u u u u n n u u u n n u u u u u O U. W r N M d Ln CO t� a0 O O r r r N r M r r OO r r I-- r a0 r O r O N r N N N M N V N LO N CO N Il- N m Z 0 J 0 J. 0 J 0 J 0 J 0 J 0 J 0 J 0 J 0 J 0 J 0 J 0 J 0 J 0 J 0 J 0 J 0 J 0 J 0 J 0 J 0 J 0 —1 0 J 0 J 0 J I - 0 J W. W W- H Z O Q H CO w H CO O O m LU Lu Lu ui LU LU W w w w w W ti L u 00 u M u O u u N u M N N M M M M 0 0 0 0 0 0 J J J J J J .J 'tr Enterprise December 28, 2010 Bank Town of North Andover Attn.: Zoning Board of Appeals 120 Main Street North Andover, MA 01845 RE: Irrevocable Standby Letter of Credit Number 19549. Comprehensive Permit — Orchard Village Subdivision off Turnpike Street and Chestnut Street Dear Zoning Board Members: JAN 3 2011 .9 ROARn OF APPFALS By this document, Enterprise Bank and Trust (hereinafter "issuer") hereby issues this Irrevocable Letter of Credit Number 19549 in the amount of One Hundred Thousand Dollars ($100,000) to the Town of North Andover ("Town"), acting by and through its Zoning Board of Appeals ("Board") on behalf of Orchard Village LLC 44 Great Pond Road, Boxford, Massachusetts 01921 (hereinafter "Developer). This Irrevocable Letter of Credit is issued to guarantee completion of the subdivision roadway and associated utility and infrastructure improvements in accordance with a definitive subdivision plan entitled, "Definitive Subdivision Plan for Orchard Village in North Andover, Mass." Prepared by Christiansen and Sergi, dated April 2, 2009, last revised June 9, 2009 and filed with Land Registration Office of Land Court as Plan No 18083E (the "Subdivision Plan"). Said subdivision concerns land located at Chestnut Street and Turnpike Street, North Andover, MA -Tax Map 107C, Lots 18 & 112. It is agreed and understood by the issuer of the Letter of Credit that if all improvements, as shown on the Subdivision Plan guaranteed by this letter are not completed or substitute security under G.L. c, 41, s. 8 1 U acceptable to the Board has not been provided by the Developer, by August 13, 2012 then this letter of credit may be called by notice of same given to the Bank by the Board and without further action of the Board, Enterprise Bank and Trust shall forthwith forward a check in the amount of One Hundred Thousand Dollars ($100,000) to the Treasurer of the Town of North Andover. This letter of credit and any funds paid hereunder constitute the Developer's performance guarantee under the Subdivision Control Law, Mass.Gen.Laws c. 41, s. 81U, and are governed thereby. We hereby agree with you that drafts drawn by notice given under and in compliance with the above terms of this Letter of Credit will be duly honored if presented to the above-mentioned Drawee bank until receipt of confirmation from the Board that all work has been completed in accordance with said Comprehensive Permit. However, this Letter of Credit shall expire upon sixty (60) days written notice thereof directed to the Town of North Andover's municipal Clerk and Zoning Board of Appeals, provided that such written notice of expiration shall be given no earlier than September 13, 2012 and this Letter of Credit shall expire no earlier than November 13, 2012. 8 High Street, Andover, MA 01810 • Phone: 978-623-3399 • Fax: 978-623-3334 • www.EnterpriseBanking.com Page 2 Letter of Credit Orchard Village LLC Town of North Andover Dated: December 28, 2010 PD�� , -.1/ M rle P. Hoyt, Senior Vice PrYsidcnt I have read this Letter of Credit and agree to its terms. V4 S\6 Obert A. Messina, Manager of Orchard Village LLC and Individually Alfrgd J. J&Tisi, Manager of Orchard Village, LLC & Individually Marylee Messina, President & Treasurer of Messina Development Company, Inc & Individually JT v st nts, LLC, Alfred J. Torrisi-Manager /e fifer a� /Qf �e1eaS�� �rc�ia�✓� Ciofolo, Angela From: Brown, Gerald Sent: Tuesday, January 04, 2011 1:41 PM To: Ciofolo, Angela Subject: FW: Orchard Village Letter of Credit attached. Attachments: irrevocable letter of credit.pdf gerakCA. Brown Inspector of Buildings Building Department Town of North Andover 1600 Osgood Street Building 20, South; Suite 2-36 North Andover, MA 01845 From: Carol McGravey fmailto:chm(@uf-law.coml Sent: Monday, January 03, 20114:20 PM To: Brown, Gerald Subject: FW: Orchard Village Letter of Credit attached. Gerry, j ! �� APPEALSBOARD OF I have reviewed the attached letter of Credit and it is in the form that we approved and sent to the Zoning Board last month. Atty. Borenstein will deliver the original to you. If you have any questions before issuing the Lot Release, please let me know. Carol McGravey From: Don Borenstein [mailto:Don(&Ibllclaw.coml Sent: Monday, January 03, 20119:50 AM To: Carol McGravey Cc: Brown, Gerald; RobtMessina(a)aol.com; Torrisi, Al Subject: FW: Orchard Village Letter of Credit attached. Carol, I've attached a copy of the final, signed LOC from Enteprise Bank. As I think you know, the NA Building Inspector, Gerry Brown, is holding the signed Form J Lot Release in escrow pending delivery to him of the original LOC. Can you review the attached and confirm to Gerry that he's ok to take the original LOC in exchange for the Lot.Release? I'd like to go by his office this week and do that (sooner the better for me). I'll get you recording info on the Lot Release as soon as we register it. FYI, I believe the LOC is in the same form as you last reviewed by e-mail only on Enterprise letterhead, with final formatting, etc. Any questions, plese call. Thanks and happy new year! 1 Regards, tater p rise December 28, 2010 Bark Town of North Andover D @ [E o W IF..— . 111, Attn.: Zoning Board of Appeals120 Main Street [�,(( North Andover, MA 01845 JAN _ 4 BOAR® OF APPEALS RE: Irrevocable Standby Letter of Credit Number 19549. Comprehensive Permit – Orchard Village Subdivision off Turnpike Street and Chestnut Street Dear Zoning Board Members: By this document, Enterprise Bank and Trust (hereinafter "issuer") hereby issues this Irrevocable Letter of Credit Number 19549 in the amount of One Hundred Thousand Dollars ($100,000) to the Town of North Andover ("Town"), acting by and through its Zoning Board of Appeals ("Board") on behalf of Orchard Village LLC 44 Great Pond Road, Boxford, Massachusetts 01921 (hereinafter "Developer). This Irrevocable Letter of Credit is issued to guarantee completion of the subdivision roadway and associated utility and infrastructure improvements in accordance with a definitive subdivision plan entitled, "Definitive Subdivision Plan for Orchard Village in North Andover, Mass." Prepared by Christiansen and Sergi, dated April 2, 2009, last revised June 9, 2009 and filed with Land Registration Office of Land Court as Plan No 18083E (the "Subdivision Plan"). Said subdivision concerns land located at Chestnut Street and Turnpike Street, North Andover, MA Tax Map 107C, Lots 18 & 112. It is agreed and understood by the issuer of the Letter of Credit that if all improvements, as shown on the Subdivision Plan guaranteed by this letter are not completed or substitute security under G.L. c, 41, s. 8 l acceptable to the Board has not been provided by the Developer, by August 13, 2012 then this letter of credit may be called by notice of same given to the Bank by the Board and without further action of the Board, Enterprise Bank and Trust shall forthwith forward a check in the amount of One Hundred Thousand Dollars ($100,000) to the Treasurer of the Town of North Andover. This letter of credit and any funds paid hereunder constitute the Developer's performance guarantee under the Subdivision Control Law, Mass.Gen.Laws c. 41, s. 81U, and are governed thereby. We hereby agree with you that drafts drawn by notice given under and in compliance with the above terms of this Letter of Credit will be duly honored if presented to the above-mentioned Drawee bank until receipt of confirmation from the Board that all work has been completed in accordance with said Comprehensive Permit. However, this Letter of Credit shall expire upon sixty (60) days written notice thereof directed to the Town of North Andover's municipal Clerk and Zoning Board of Appeals, provided that such written notice of expiration shall be given no earlier than September 13, 2012 and this Letter of Credit shall expire no earlier than November 13, 2012. Page 2 Letter of Credit Orchard Village LLC Town of North Andover Dated: December 28, 2010 LU& M rle P. Hoyt, Senior Vice P sident I have read this Letter of Credit and agree to its terms. Obert 4AAjMMessinCaWt'0 Manager of Orchard Village LLC and Individually fr d rrisi, Manager of Orchard Village, LLC & Individually C-1 ry)"Qg�14" j0_ul6. Marylee Messina, President & Treasurer of Messina Development Company, Inc & Individually JT v st nts, LLC, Alfred J. Torrisi-Manager 11 Doc:102r424 01-10-2011 ` ,JAN 19 2011 Essex North Land Court Resistry BOARD OF APPEALS FORM J LOT RELEASE FORM The undersigned being a majority of the Zoning Board of Appeals of the Town of North Andover, MA ("Board"), acting as the North Andover Planning Board in its capacity as the Comprehensive Permit granting authority under G.L. c. 40B, §§ 21-23, hereby certify that the requirements for work on the ground called for by the Comprehensive Permit dated June 24, 2008, recorded in the Essex North District Registry of Deeds in Book 11427, Page 192, as affected by an Amendment to Comprehensive Permit dated December 9, 2008, recorded in Book 11427, Page 214, and respectively registered as Documents Nos. 101303 and 101304 on Certificate of Title 16291 and, as shown on a Definitive Subdivision Plan entitled, "Definitive Subdivision Plan for Orchard Village in North Andover, MA" prepared by Christiansen and Sergi, dated April 2, 2009, last revised June 9, 2009, and filed with the Land Registration Office of the Land Court as Plan No. 18083E ("Definitive Subdivision Plan"), have been completed to the satisfaction of the Zoning Board of Appeals as to the following enumerated lots shown on said Definitive Subdivision Plan, and that a performance guarantee satisfactory to the Board, in the form of a letter of credit, has been posted by the developer with the Board pursuant to Mass.Gen.Laws c. 41, s. 81U, and said lots are hereby released from the restrictions as to sale and building specified thereon and released from the Form 1 Covenant dated August 13, 2009, registered as document number 99463 and as document number 99465. Lots designated on said Definitive Subdivision Plan and released hereby are as follows: Lot g , Lot iii Lot _1-1 Lot II? , Lot z Z , Lot Z3 , and Lot Z5 . 1 hereby certify that lot numbers _5I _4TH j- z , •a 3 O.Vd 25 on said Definitive Subdivision Plan do conform to layout as shown on said Definitive Subdivision Plan. 6 RegisteredLand rveyor ajority Of The Zoning Board of Appeals f The - Town of North Andover -17 COMMONWEALTH OF MASSACHUSETTS jS5x. County, ss: December1 , 2010 Then personally appeared Alp" Q. Wlr z' � who proved to me through satisfactory evidence of identification, which was Q photographic identification with signature issued by a federal or state governmental agency, ❑ oath or affirmation of a credible witness, X personal knowledge of the undersigned, the above-named member of the Zoning'Board of Appeals of the Town of North Andover, MA, and acknowledged the foregoing instrument to be the free act and deed of said Zoning Board of Appeals acting as the North Andover Planning Board in its capacity as the Comprehensive Permit granting authority under G.L. c,40B, §§ 21-23, before me, Notary Public: My Commission Expires: t2,121zo1 tit to