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CONFIRMATORY
CONSERVATION RESTRICTION EASEMENT 9 27�9�
AND APPURTENANT TOWN EASEMENTS �IAY
,__
BARKER HILL ASSOCIATES, INC., a Mas`sa�amg4
corporation with a principal address of 1267 Osgood Street,
North Andover, Massachusetts (hereinafter "Grantor"), for One
Dollar ($1.00) and other valuable consideration paid, grants
to the TOWN OF NORTH ANDOVER, acting through its CONSERVATION
COMMISSION (hereinafter "Grantee"), a Conservation
Restriction Easement in perpetuity from the date hereof on
certain parcels of land located in said Town of North Andover
off of Barker Street and Bradford Street and more
particularly described in an exhibit attached hereto and
marked "Exhibit A" (hereinafter sometimes referred to as the
PRD Plan).
The terms of the Conservation Restriction Easement are
as follows:
1. That neither the Grantor nor his heirs, successors,
or assigns will perform the following acts nor permit others
to perform them, hereby granting to the Town of North Andover
the right to enforce these restrictions against all persons
on those parcels of land shown on said PRD Plan as Parcel A,
Parcel C, and Parcel D, which will forbid or limit any or all
of the following:
a. Construction or placing of buildings, roads, signs,
billboards, or other advertising, utilities or other
structures on or above the ground;
b. Dumping or placing of soil or other substance or
material as landfill, or dumping or placing of trash,
waste or unsightly or offensive materials;
c. Removal or destruction of trees, shrubs or other
vegetation;
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d. Excavation, dredging or removal of loam, peat,
gravel, soil, rock or other mineral substance in such
manner as to affect the surface;
e. Surface use except for agricultural, farming, forest
or "outdoor recreational purposes" or purposes
permitting the land or water area to remain
predominantly in its natural condition;
f. Activities detrimental to drainage, flood control,
water conservation, erosion or soil conservation; or
g. Other acts or uses detrimental to such retention of
land or water areas.
2. No use shall be made of said Parcels A, C, and D
which is inconsistent with the intent of this grant, being
the protection of the land in its natural and open condition,
or which is inconsistent with any provision of this
instrument, however, subject to the reservations and
provisions of Paragraph 3 below. In addition, no activity
shall be carried on or permitted which is detrimental to the
natural drainage from or to said Parcels A, C, and D or to
flood control, water conservation, erosion control or soil
conservation, or is otherwise wasteful of the natural
resources of the Commonwealth.
3. Notwithstanding anything contained in Paragraphs 1
and 2, Grantor reserves to himself, his heirs, devisees,
successors and assigns, the following:
The right to construct, install, maintain, repair and
replace underground utilities, drainage, septic systems,
and other such appurtenances on said Parcel B, and to
conduct any activities designated to enhance the
ecological or natural, historical value of said Parcel
or to enhance the awareness of such values, including
but not limited to the creation of foot paths, foot
bridges crossing wetlands and a nature trail.
4. This Conservation Restriction Easement shall be
administered on behalf of the Grantee by the North Andover
Conservation Commission or its successors established
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pursuant to law and is intended to ensure that the premises
will be retained in their natural, scenic and open condition
for conservation and recreational purposes and for the
protection of natural environmental systems. This Easement
shall be enforced by the Grantee as it in his sole discretion
may decide. Nothing herein shall impose upon the Grantee any
duty to maintain or require that said Parcels A, C, and D be
maintained in any particular state or condition,
notwithstanding the Grantee's acceptance hereof.
5. The Conservation Restriction Easement hereby
conveyed does not grant to the Grantee, to the public, or to
any other person any right to enter upon said Parcels A, C,
and D, except that the Grantors hereby grant to the Grantee
the right to enter said Parcels A, C, and D, by the
Conservation Commission of the Town of North Andover or any
successor by law thereto, or any other designee of the
Grantee, for the purpose of inspecting said Parcels A, C, and
D, to determine compliance herewith, of enforcing this
Conservation Restriction Easement, or of taking any and all
action with respect to said Parcels A, C, and D, as may be
necessary or appropriate with or without order of court, to
remedy or abate any violation hereof. The rights hereby
granted shall be in addition to, and not in limitation of,
any other rights and remedies available to the Grantee for
enforcement of this Conservation Restriction Easement.
The Conservation Restriction Easement hereby imposed is
in gross and is not for the benefit of or appurtenant to any
particular land except as noted in Paragraph 3, or in other
provisions of this document, and shall be assignable to any
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other governmental organization whose purposes include
conservation or natural areas. The burden of this
Conservation Restriction Easement hereby imposed shall run
with Parcels A, C, and D, and shall, be binding upon all
future owners of any interest therein.
7. The Grantor further grants to the Town of North
Andover, acting through its Conservation Commission, the
following:
a. A public access easement to allow for access to
public land located, either now or in the future, at the
Mazurenko Farm, as more particularly shown and so
identified on said PRD Plan as "New 10' Wide Access
Easement Granted to Town of North Andover. "The Town of
North Andover, MA. to Allow for Access to Public Lands
Located @ the Mazurenko Farms"; and
b. An easement fifty (50' ) foot wide buffer area from
the perimeter line of Parcel B, in which no pavement,
cutting, or grading shall occur.
8., The Grantor further grants to the Town of North
Andover, through its Board of Selectmen, the following:
a. A thirty (30') foot wide sewer and water easement
and a ten (101) foot wide temporary construction
easement all as shown on said PRD Plan, to allow the
extension of these services from Parcel B of said PRD
Plan to the Land of Carter, as shown on said PRD Plan,
the location of said Easement more particularly shown on
said PRD Plan; and
b. An easement for access, egress, and utilities over
and in Parcel B, which easement shall comply with the
PRD Plan as recorded with the Essex North District
Registry of Deeds and which will in no way hinder or
prevent the proper and reasonable use, development and
enjoyment of Parcel B, as intended for residential
purposes.
c. A twenty (201) foot wide road widening easement
affecting Parcels A, B, C, Lots 3, 4, and 5, located on
the southerly side of Barker Street, all as shown on
said PRD Plan.
No Massachusetts deed excise tax stamps are affixed
hereto as none are required by law.
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The Confirmatory Instrument is executed to ratify and
confirm the actions of George R. Barker, Jr., who had full
authority to act on behalf of Barker Hill Associates, Inc.,
in connection with this document .as originally recorded in
Book 3016, Page 160.
IN WITNESS WHEREOF, the said BARKER HILL ASSOCIATES,
INC., has caused its corporate seal to be hereto affixed and
these presents to be signed, acknowledged and delivered in
its name and behalf by GEORGE R. BARKER, JR., its president
and treasurer hereto duly authorized, this /4-- day of
February, 1991.
BARIPREGOART
HILL ASSOCIATES, NC.
BY: , _6,
R. BARKER, JR.
NT & TREASURER
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. February _LL, 1991
Then personally appeared the above-named George R.
Barker, Jr., President and Treasurer, and acknowledged the
foregoing to be the free deed of Barker Hill
Associates, Inc., before ,
Peter Caruso, Ndtary Public
My Commission Expires: 1/17/97
5
EXHIBIT A
TO CONSERVATION RESTRICTION EASEMENT
PLANNED RESIDENTIAL DEVELOPMENT
HICKORY HILLS ESTATES
GEORGE R. BARKER, JR.
Certain parcel of land located in North Andover, Essex
County, Massachusetts, shown on a Plan of Land entitled: "A
Definitive Plan of Land For A Planned Residential Development
To Be Known As Hickory Hill Estates, Owner: Developer: Mr.
George R. Barker, Jr., 1267 Osgood Street, North Andover,
Massachusetts, As Prepared By: Scott L. Giles, R.L.S., 50
Deer Meadow Road, North Andover, Mass. and Design
Engineering,Inc., P.O. Box 516, North Andover, Mass.,
1"=100', April 29, 1988, Revised May 16, 1988, July 26, 1988,
August 8, 1988, August 29, 1988, and September 29, 1988,"
said Plan including sheets 1 through 18 inclusive recorded
with the Essex North District Registry of Deeds. Plan as
amended with final revised date of November 21, 1988. Plans
as further amended with latest revised date of January 3,
1989. The Conservation Restriction Easement areas are shown
on Sheet 4 of the above described Plan No. 11648.
#t ?�Pt3
CONFIRMATORY
CONSERVATION RESTRICTION EASEMENT {�IAi l 27 X91
AND APPURTENANT TOWN EASEMENTS
GEORGE R. BARKER, JR., of 1267 Osgood Street----- �sth
Andover, Massachusetts (hereinafter "Grantor"), for One
Dollar ($1.00) and other valuable consideration paid, grants
to the TOWN OF NORTH ANDOVER, acting through its CONSERVATION
COMMISSION (hereinafter "Grantee"), a Conservation
Restriction Easement in perpetuity from the date hereof on
certain parcels of land located in said Town of North Andover
off of Barker Street and Bradford Street and more
particularly described in an exhibit attached hereto and
marked "Exhibit All (hereinafter sometimes referred to as the
PRD Plan).
The terms of the Conservation Restriction Easement are
as follows:
1. That neither the Grantor nor his heirs, successors,
or assigns will perform the following acts nor permit others
to perform them, hereby granting to the Town of North Andover
the right to enforce these restrictions against all persons
on those parcels of land shown on said PRD Plan as Parcel A,
Parcel C, and Parcel D, which will forbid or limit any or all
of the following:
a. Construction or placing of buildings, roads, signs,
billboards, or other advertising, utilities or other
structures on or above the ground;
b. Dumping or placing of soil or other substance or
material as landfill, or dumping or placing of trash,
waste or unsightly or offensive materials;
c. Removal or destruction of trees, shrubs or other
vegetation;
d. Excavation, dredging or removal of loam, peat,
gravel, soil, rock or other mineral substance in such
manner as to affect the surface;
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e. Surface use except for agricultural, farming, forest
or "outdoor recreational purposes" or purposes
permitting the land or water area to remain
predominantly in its natural condition;
f. Activities detrimental to drainage, flood control,
water conservation, erosion or soil conservation; or
g. Other acts or uses detrimental to such retention of
land or water areas.
2. No use shall be made of said Parcels A, C, and D
which is inconsistent with the intent of this grant, being
the protection of the land in its natural and open condition,
or which is inconsistent with any provision of this
instrument, however, subject to the reservations and
provisions of Paragraph 3 below. In addition, no activity
shall be carried on or permitted which is detrimental to the
natural drainage from or to said Parcels A, C, and D or to
flood control, water conservation, erosion control or soil
conservation, or is otherwise wasteful of the natural
resources of the Commonwealth.
3. Notwithstanding anything contained in Paragraphs 1
and 2, Grantor reserves to himself, his heirs, devisees,
successors and assigns, the following:
The right to construct, install, maintain, repair and
replace underground utilities, drainage, septic systems,
and other such appurtenances on said Parcel B, and to
conduct any activities designated to enhance the
ecological or natural, historical value of said Parcel
or to enhance the awareness of such values, including
but not limited to the creation of foot paths, foot
bridges crossing wetlands and a nature trail.
4. This Conservation Restriction Easement shall be
administered on behalf of the Grantee by the North Andover
Conservation Commission or its successors established
pursuant to law and is intended to ensure that the premises
will be retained in their natural, scenic and open condition
2
for conservation and recreational purposes and for the
protection of natural environmental systems. This Easement
shall be enforced by the Grantee as it in his sole discretion
may decide. Nothing herein shall impose upon the Grantee any
duty to maintain or require that said Parcels A, C, and D be
maintained in any particular state or condition,
notwithstanding the Grantee's acceptance hereof.
5. The Conservation Restriction Easement hereby
conveyed does not grant to the Grantee, to the public, or to
any other person any right to enter upon said Parcels A, C,
and D, except that the Grantors hereby grant to the Grantee
the right to enter said Parcels A, C, and D, by the
Conservation Commission of the Town of North Andover or any
successor by law thereto, or any other designee of the
Grantee, for the purpose of inspecting said Parcels A, C, and
D, to determine compliance herewith, of enforcing this
Conservation Restriction Easement, or of taking any and all
action with respect to said Parcels A, C, and D, as may be
necessary or appropriate with or without order of court, to
remedy or abate any violation hereof. The rights hereby
granted shall be in addition to, and not in limitation of,
any other rights and remedies available to the Grantee for
enforcement of this Conservation Restriction Easement.
The Conservation Restriction Easement hereby imposed is
in gross and is not for the benefit of or appurtenant to any
particular land except as noted in Paragraph 3, or in other
provisions of this document, and shall be assignable to any
other governmental organization whose purposes include
conservation or natural areas. The burden of this
3
e
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Conservation Restriction Easement hereby imposed shall run
with Parcels A, C, and D, and shall be binding upon all
future owners of any interest therein.
7. The Grantor further grants to the Town of North
Andover, acting through its Conservation Commission, the
following:
a. A public access easement to allow for access to
public land located, either now or in the future, at the
Mazurenko Farm, as more particularly shown and so
identified on said PRD Plan as "New 10' wide Access
Easement Granted to Town of North Andover. "The Town of
North Andover, MA. to Allow for Access to Public Lands
Located @ the Mazurenko Farms"; and
b. An easement fifty (501) foot wide buffer area from
the perimeter line of Parcel B, in which no pavement,
cutting, or grading shall occur.
8. The Grantor further grants to the Town of North
Andover, through its Board of Selectmen, the following:
a. A thirty (301) foot wide sewer and water easement
and a ten (101) foot wide temporary construction
easement all as shown on said PRD Plan, to allow the
extension of these services from Parcel B of said PRD
Plan to the Land of Carter, as shown on said PRD Plan,
the location of said Easement more particularly shown on
said PRD Plan; and
b. An easement for access, egress, and utilities over
and in Parcel B, which easement shall comply with the
PRD Plan as recorded with the Essex North District
Registry of Deeds and which will in no way hinder or
prevent the proper and reasonable use, development and
enjoyment of Parcel B, as intended for residential
purposes.
c. A twenty (201) foot wide road widening easement
affecting Parcels A, B, C, Lots 3, 4, and 5, located on
the southerly side of Barker Street, all as shown on
said PRD Plan.
No Massachusetts deed excise tax stamps are affixed
hereto as none are required by law.
The Confirmatory Instrument is executed to ratify and
confirm the actions of George R. Barker, Jr., who had full
authority to act on behalf of Barker Hill Associates, Inc.,
4
in connection with this document as originally recorded in
Book 3016, Page 160.
EXECUTED as a sealed instrument this C) &< day of
February, 1991.
George 6.
Barker, Jr.
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. February, 1991
Then personally appeared the above-named George R.
Barker, Jr., and acknowle oregoing to be his free
act and deed, before me,
Peter J. , tary Public
My Commission Expires: 1/17/97
5
EXHIBIT A
TO CONSERVATION RESTRICTION EASEMENT
PLANNED RESIDENTIAL DEVELOPMENT.
HICKORY HILLS ESTATES
GEORGE R. BARKER, JR.
Certain parcel of land located in North Andover, Essex
County, Massachusetts, shown on a Plan of Land entitled: "A
Definitive Plan of Land For A Planned Residential Development
To Be Known As Hickory Hill Estates, Owner: Developer: Mr.
George R. Barker, Jr., 1267 Osgood Street, North Andover,
Massachusetts, As Prepared By: Scott L. Giles, R.L.S., 50
Deer Meadow Road, North Andover, Mass. and Design
Engineering, Inc., P.O. Box 516, North Andover, Mass.,
1"=1001, April 29, 1988, Revised May 16, 1988, July 26, 1988,
Aucjust 8, 1988, August 29, 1988, and September 29, 1988,"
said Plan including sheets 1 through 18 inclusive recorded
with the Essex North District Registry of Deeds. Plan as
amended with final revised date of November 21, 1988. Plans
as further amended with latest revised date of January 3,
1989. The Conservation Restriction Easement areas are shown
on Sheet 4 of the above described Plan No. 11648.
COVENANT
KNOW ALL MEN BY THESE PRESENTS, that George R. Barker,
Jr. of 1267 Osgood Street, North Andover, Massachusetts,
(hereinafter referred to as the Covenantor) is the owner of
the following certain parcel of land situated in North
Andover, Essex County, Massachusetts:
Certain parcel of land located in North Andover, Essex
County, Massachusetts, shown on a Plan of Land entitled: "A
Definitive Plan of Land For A Planned Residential Development
To Be Known as Hickory Hill Estates, Owner: Developer: Mr.
George R. Barker, Jr., 1267 Osgood Street, North Andover,
Massachusetts, As Prepared By: Scott L. Giles, R.L.S., 50
Deer Meadow Road, North Andover, Mass. and Design
Engineering, Inc., P.O. Box 516, North Andover, Mass., 1"-
100', April 29, 1988, Revised May 16, 1988, July 26, 1988,
August 8, 1988, August 29, 1988, and September 29, 1988,"
said Plan including sheets 1 through 18 inclusive to be
recorded with the Essex North District Registry of Deeds.
Plan as amended with final revised date of November 31, 1988.
Plans as further amended with latest revised date of January
3, 1989. Said Plan recorded with the Essex North District
Registry of Deeds as Plan No. 11648.
WHEREAS, the Covenantor intends to develop, improve, and
offer for sale lots of land, each of which are located on the
above parcel;
WHEREAS, in order to develop, improve, and offer for
sale each of the above described lots the Covenantor is
desirous of ensuring that each lot has adequate and efficient
access for ingress and egress to and from Hickory Hill Road,
a so called private road shown on said plan; and the
Covenantor is also desirous of ensuring that each lot has an
adequate and effective means by which it may be served by
pipes, conduits, manholes, and other appurtenances necessary
for the transmission of water, sewer, utilities and drainage;
WHEREAS, in order to provide for ingress, egress, and
service for water, sewer, utilities and drainage for each of
the above described lots the Covenantor is desirous of
subjecting each of said lots to certain covenants,
agreements, easements, restrictions, conditions, and charges
as hereinafter set forth.
NOW THEREFORE, in consideration of the premises and the
covenants and conditions herein contained, THIS COVENANT
WITNESSETH that the Covenantor does hereby impose upon and
charge the said lots as above described (hereinafter referred
1
to as the "Benefitted Land") with the covenants, agreements,
easements, restrictions, conditions and charges hereinafter
set out:
(1) The Covenantor expressly grants to his successors
in title to the "Benefitted Land" a perpetual right and
easement appurtenant for access and for water, sewer,
utilities and drainage purposes, as to the "Burdened Land"
which is shown as Hickory Hill Road on a revised plan of land
as aforesaid described and recorded with said Essex North District Registry
of Deeds as Plan No. 11648, and as may be further amended, revised, and modified.
f p t 'l I.,q /flu. //?//.
(2) Such Hickory Hill Road area may be used as a
private road and for all purposes for which ways are used in
the Town of North Andover for ingress and egress from Barker
Street to the Benefitted Land and also for the location of
underground storm drainage, underground utilities, sewer
systems, and pipe lines for supplying water, including mains,
service pipes, and equipment to the Benefitted Land.
(3) The owner or owners of each of the lots comprising
the Benefitted Land agree that none of them shall permit to
suffer anything within that portion of said Hickory Hill Road
passing over or through his lot which might interfere in any
way with the proper maintenance, use, operation, repair or
reconstruction of either the richt of way or any of the
underground water, underground utilities, sewer systems, and
drainage services located therein.
(4) The owner or owners of each of the lots comprising
the Benefitted Land agree that any public utility or entity
with facilities located within said easement shall have the
right to enter upon Hickory Hill Road in furtherance of any
of the purposes for which said easement has been created.
(5) A. The owner or owners of each of the lots
comprising the Benefitted Land shall share ratably, in equal
portions, the cost and expense of keeping and preserving at
all times the entireprivate road shown on said plan as
i
Hickory Hill Road n a good condition of repair and
maintenance including fire hydrants and fire apparatus
turnouts including without limitation the costs and expenses
of plowing, sanding and otherwise keeping the said private
road free from snow and ice.
(5) B. Further, the owner or owners of each of the
lots comprising the Benefitted Land shall share ratably, in
equal portions, the cost and expense of keeping or preserving
2
any underground storm drainage pipes or conduits, pipe lines
for supplying water, including mains, service pipes, and
equipment in a good condition of repair and maintenance.
(5) C. To those ends, the owners of each of the said
lots agree to meet at least annually on or before October 1
in any given year and at such other times as are mutually
agreeable for the purposes of (i) agreeing upon payments and
awarding such contracts for plowing, sanding, and such other
repairs or maintenance to the private road, as are deemed
necessary; and (ii) agreeing upon payments and awarding such
contracts for repairs or maintenance to the underground
water, underground utilities, sewer systems and drainage
services as are deemed necessary. Each lot shall have one
vote, regardless of the number of owners holding individual
interests therein. A majority of the lot owners shall bind
all the owners to pay respectively for the cost of plowing,
sanding, and such other repairs or maintenance to the private
road, Hickory Hill Road, or to the said underground services
as the case may be.
(5) D. The foregoing shall in no way prevent or
prohibit the owner or owners of less than a majority of the
lots of Benefitted Land, during an emergency or otherwise,
from repairing or maintaining at his sole cost and expense
either the private road, Hickory Hill Road, or the said
underground services at any point within the easement area
whether lying within the boundaries of his own lot or of
another owner's lot.
(5) E. Any such repairs or maintenance to the private
road or to the said underground services made by an owner of
a lot of Benefitted Land without the agreement in advance of
a majority vote of the lot owners (one vote per lot), during
an emergency or otherwise, shall be eligible for submission
for reimbursement at the next annual meeting following such
repairs or maintenance. A vote of a majority of the lot
owners (one vote per lot) shall determine whether the repair
or maintenance shall be deemed an expense to be shared
ratably, in equal portions by each parcel of Benefitted Land.
(5) F. Should the owners of each of the said lots fail
to meet annually, or should there be a failure to reach a
majority vote of the lot owners upon the items specified in
Article (5) C. (i), (5) C. (ii), or (5) E., then the said
items shall be referred within sixty (60) days to a single
arbitrator of the American Arbitration Association whose
decision shall be final and binding upon all the lot owners.
(6) The annual charge for plowing, sanding, repairs or
maintenance to the private road and of the said underground
services shall be liens or encumbrances on the land (except
as to a mortgagee or lender under a properly recorded
Mortgage or Deed of Trust) and acceptance of each of the
several deeds shall be construed to be a covenant to pay said
M
charges. A majority of lot owners of the Benefitted Land
shall have the right to take and prosecute all actions or
suits, legal or otherwise, which may be necessary for the
collection of such charges and any court costs, reasonable
attorney's fees, arbitration costs shall be a charge and lien
against the lot owner in the same manner as the "annual
charge" as defined herein shall be enforced. In this
connection said majority shall have the right by action,
legal or otherwise, to abate any violation of the within
covenants, agreements, assessments, restrictions, conditions,
and charges. Such covenants, agreements, assessments,
restrictions, conditions, and charges are, however, to run
with and bind both the Benefitted and Burdened lots.
The lien reserved hereby shall be at all times
subordinate to the lien of any mortgagee or lender (if in
effect through a properly recorded Mortgage or Deed of
Trust), and the lien of any mortgagee, trustee or note holder
shall be paramount to the lien for maintenance charges
imposed herein.
(7) Upon written request from the owner of any one lot
of Benefitted Land to the owners of the other lots of
Benefitted Land, the owners of such other lots or a person or
committee designated by the owners of the lots acting as an
association and evidenced by a writing duly recorded in the
Essex North District Registry of Deeds, shall provide
promptly to the requesting owner a written statement in
recordable form of all annual or other charges for repairs or
maintenance to the private road or the said underground
services due or to become due as a result of any vote or
action taken prior to delivery of the written request.
Such written statement of charges shall as to subsequent
purchasers and subsequent Mortgagees in good faith, be
binding and conclusive upon the owners of all lots of
Benefitted Land, their successors and assigns, and upon the
recording thereof shall discharge the lot of the requesting
owner of all liens for charges or assessments now shown upon
the written statement as due or to become due.
(8) The provisions contained herein shall run with and
bind the land and shall inure to the benefit of and be
enforceable by the owner of any lot of the Benefitted Land,
their respective legal representatives, successors and
assigns.
If any lot owner or persons in possession of any of said
lots of Benefitted Land shall violate or attempt to violate
any of the covenants herein, it shall be lawful for any other
person, or persons, owning any other lot of Benefitted Land
to prosecute any proceedings at law or in equity against the
person or persons violating or attempting to violate any such
covenants, either to prevent him or them from so doing to
4
recover damages or other dues for such violation, and if
successful shall be entitled to court costs and reasonable
attorney's fees against the defendant.
The failure by the, owner of any lot of Benefitted Land
to enforce any restrictions, conditions, covenants or
agreements herein contained shall in no event be deemed a
waiver of the right to do so thereafter as to the same breach
or as to one occurring prior or subsequent thereto.
(9) The easement granted herein and the covenants
hereinafter mentioned shall run with the land in perpetuity.
(10) If any provision of this Covenant or the
application of such provision to any person or circumstance
shall be held invalid, the remainder of this Covenant or the
application of such provisions to persons or circumstances
other than those as to which it is held invalid, shall not be
affected thereby.
The Covenantor hereby grants to the Town of North
Andover an easement to pass and repass over the Burdened Land
for police, fire and maintenance vehicles and access to the
Mazurenko Farm.
The Covenantor hereby grants to the Town of North
Andover the right to repair water mains and lines and the
Covenantor and their successors and assigns hereby agree to
pay all costs of said repairs.
The Covenantor, his successors and assigns further
covenant to hold harmless the Town of North Andover for any
damage resulting in defects, snow or ice or negligent
maintenance of said Hickory Hill Road and any intersecting
private roadways.
The Covenantor, his successors or assigns further
covenant that they will transport any trash to be removed to
the intersections of Hickory Hill Road and Barker Street.
The Covenantor, his successors and assigns hereby
covenant that said Hickory Hill Road and all other
intersecting private roads will be forever maintained by the
owners of said lots and never be a public way.
The Covenantor, his successors and assigns hereby
covenant that no vehicles will be parked in said Hickory Hill
Road or its private roads including but not limited to
5
automobiles, trucks, motorcycles, boats, snowmobiles,
campers, bicycles or any other personal property which might
block passage.
IN WITNESS WHEREOF, the said .George R. Barker, Jr. has
signed, sea��ed, acknowledged and delivered these presents
this a �-day of March, 1991.
G orge Barker, Jr.
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS:
1991
Then personally appeared George R. Barker, Jr. and
acknowledges the foregoing to b 's free act and deed,
before me,
ublic
My Commission expires:
6
1
N
PROTECTIVE COVENANTS
I, George R. Barker, Jr., of 1267 Osgood'Sifer:F Irioth
Andover, Massachusetts, being the owner of the
Certain parcel of land located in North Andover, Essex
County, Massachusetts, shown on a Plan of Land entitled: "A
Definitive Plan of Land For A Planned Residential Development
To Be Known as Hickory Hill Estates, Owner: Developer: Mr.
George R. Barker, Jr., 1267 Osgood Street, North Andover,
Massachusetts, As Prepared By: Scott L. Giles, R.L.S., 50
Deer Meadow Road, North Andover, Mass. and Design
Engineering, Inc., P.O. Box 516, North Andover, Mass., 1"-
100', April 29, 1988, Revised May 16, 1988, July 26, 1988,
August 8, 1988, August 29, 1988, and September 29, 1988,"
said Plan including sheets 1 through 18 inclusive to be
recorded with the Essex North District Registry of Deeds.
Plan as amended with final revised date of November 31, 1988.
Plans as further amended with latest revised date of January
3, 1989, and which may be further amended,
which plan is recorded with the Essex North District Registry
of Deeds as Plan Na 11648 , do hereby impose on said land
the following restrictions for the benefit of said land now
owned by me, in order to promote the development of a fine,
attractive and desirable residential neighborhood, which
restrictions are intended to run with the land.
1. The Premises shall be used for residential purposes
only.
2. No building shall be erected, placed or permitted to
remain on any lot other than one single --family dwelling and
the usual buildings and structures appurtenant thereto.
3. It is contemplated that the design and style of each
house to be erected on the lots will be carefully selected
and that the style and architecture will be of a colonial or
traditional design. To this end, prior to the erection of
any building on any lot, the exterior elevation plans and the
specifications affecting the exterior of the building,
together with a plot plan of the lot, showing the location of
any building, shall be submitted for approval by the owner or
1
V
1
purchaser to the grantor or to a person designated by the
grantor by a writing duly recorded in the Essex North
District Registry of Deeds. Such approval shall be in
writing and endorsed on copies of said plans or
specifications to be retained by the grantor, shall not be
unreasonably withheld and shall be given or denied within
twenty-one (21) days of receipt of plans by the grantors or
their designated agent. The provisions of this paragraph
shall cease to apply to any lot on which a house has been
constructed pursuant to an approval by the grantor or their
designated agent, or as to which a Certificate of Compliance,
as provided in paragraph 6 hereof, has been recorded.
4. A certificate signed by the grantor or his
designated agent, and acknowledged and recorded in said
Registry of Deeds shall be conclusive evidence of any facts
therein recited, including, but not limited to, the approval
of any plans, specifications, area, cost or other matters
required by these restrictions to be approved by the grantor
and of complete compliance with all restrictions herein
contained.
5. No commercial, noxious or offensive activity shall
be carried on any lot nor shall anything be done thereon
which is a violation of law or ordinance or which is or may
become a nuisance to the neighborhood.
6. No lot shall be used or maintained for outdoor
storage of material or as a dumping ground for rubbish.
Trash, garbage, or other waste shall be kept only in sanitary
2
i
containers, which containers shall be placed in the rear of
said lot.
7. No structure of a temporary character, or house
trailer shall be erected or permitted to remain on any lot.
8. Trucks or other commercial vehicles shall not be
left standing on any street, easement, right of way, or lot
except for delivery purposes. No portion of any lot or of
the private roads on said premises except the driveway and
garage area, shall be used for the regular overnight parking
of automobiles. Unregistered motor vehicles may not be
parked on the lots unless they are located inside of an
enclosed garage. Recreational vehicles such as boats,
motorcycles, snowmobiles, may not be parked on the lots
unless they are parked inside of the enclosed garage or
parked in an inconspicuous place on the lot not visible to
another lot owner.
9. Microwave dishes, and antennas, sheds, or other
outdoor structures should be located in an inconspicuous
place on the lot of the owner not visible to the owners of
any other lot.
10. No fence or hedge shall exceed five (5) feet in
height. No wire fence or solid wood fence is allowed which
will be more than 12" high in front of any dwelling. Only
post and open rail fences will be allowed from the dwelling
to the street lines. No stone wall or boundary shall be
disturbed.
3
S
4
11. No sign of any kind shall be displayed to the
public view on any lot or in any street or common driveway or
way on the granted premises except street signs, signs
indicating the name and address of the occupant of the lots
on which the sign is situated, one sign of not more than five
(5) square feet advertising the property on which the sign is
located for sale or rent, or a sign used by builders to
advertise the property during the construction and sales
period. No political signs will be allowed visible to the
public on doors, windows, or other parts of the dwelling or
the premises. No home occupation signs will be allowed.
12. Any dwelling house shall be completed within one
(1) year from the date of the commencement of the erection
thereof, and the lot on which it is situated shall be seeded,
landscaped, and provided with walks and driveways prior to
the expiration of said one (1) year period.
13. In the event that any house on any of the lots
herein is damaged or destroyed by fire or other casualty,
work shall be commenced to restore said house to a habitable
condition or to raze said dwelling within six (6) months from
the date of such destruction. If the reconstruction of such
house does not commence within six (6) months after said
damage or destruction, the grounds shall be kept landscaped,
the lawns shall be kept neat and trimmed and the excavation
4
shall be covered or fenced in by means of a finished
attractive fence or other suitable barrier.
14. No subdivision of any lot shall be permitted. No
dwelling shall be converted into more than one dwelling unit.
15. These restrictive covenants shall run with the land
and shall be binding on the grantees and all persons claiming
under them until November 1, 2015, after which time the said
covenants shall be automatically extended for successive
periods of ten (10) years. However, a majority of the owners
of the lots comprising the granted premises may by written
instrument recorded with the Registry of Deeds for the Essex
North District, may agree to change said restrictive
covenants in whole or in part, or to eliminate them, this
action by the owners may occur at any time.
16. Enforcement of these restrictions shall be by
proceedings at law or in equity against any person or persons
or other entities violating or attempting to violate any of
these restrictive covenants, either to restrain said
violation or to recover damages, at the election of the
person commencing such proceedings. Any person or entity
found in violation of any of these restrictive covenants
shall be liable to the grantor or the other parties
commencing said action for all reasonable costs and expenses
including reasonable attorneys fees incurred in enforcing
these restrictive covenants. The grantor may institute such
proceedings, if they should fail to do so, any lot owner may
5
0
institute such proceedings as are necessary to enforce these
restrictions.
17. Invalidation of any of these restrictions by
judgment or Court order shall in no way affect any of the
other provisions which shall remain in full force and effect.
Executed as a sealed instrument this 0 PL day
of March, 1991.
Ar',�A R__� L�/
GEORGE U
BARKER, JR.
COMMONWEALTH OF MASSACHUSETTS
Essex, ss: Marches d'-' , 1991
Then personally appeared the above-named George R.
Barker, Jr., and acknowl foregoing to be his free
act and deed, before ,
PETER J.-CARUS , Public
My Commission Expires: 1-17-97
6
/ V
�MUM fflfl t
TOWN OF N O It 'i Ii A N I) U -V 1; It
�• n i.4
DIASSAC11USETTS
� , � 31
NpNTN
°'.�° .;'tio <i=. -end fromd"2
Any appeal shall be filed 3? - °
° "' �i-!ing bt a_n. ,al.
within (20) days after the : ; Dcl.,Gn;A Lorg
date of filing of this Notice •..... --�y' Towz Clerk
in the Office of the Town
Clerk.
NOTICE OF DECISION
ATTEST:
A Tme Copy
Y--A-�Z4 ClY
March 8, 1991 ����
Date..........................
Date of liearbig , , ........ 1991.......
Petition Of .. George .. Barker, •Jr . • . • . • • . • . • „
Premises affected .laoeated. pp. the,North ,side of Barker, Street , , , , , , , , , , , , , , , , ,
Referring to the above petition for a special permit from the recpth-emmi(.s
of the . >9ert)1 Ando.veF. 7.vi1iu4. $YlaW .:.S��tipA .8.5. -. acdi �icat�4n .-. PI auaed .Re$ ritial
Development (PRD).
SO as t0 permit .tile reduct}op, in, the .r)umber of, dwe} ling, enit . ,from .. to, 40; , , ,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Plaiiiihig How -d voted
CONDITIONALLY
toAPPROVE ......... tile .Special. Permit .HodifLca}_ion .............................
CC: Director of Public Works
Board of Public Works
Highway Surveyor
Building Inspector
Board of Health
Conservation Commission
Assessros
Police Chief
Fire CHief
Applicant
Engineer
File
Interested Parties
based upon the followhig widitiolis:
Signed U�Ifd rw:��;
Geozge A.. Perna,.Jr. ,.Chairman ...
.JarSePh. t1o044eY ..................
John Drayer
. . .....................
Richard Nardella
.................................
C
KAREN H.P. NELSON
Director
BUILDING
CONSERVATION
PLANNING
aA..,
r Town of
'..
..... ... d NORTH ANDOVER
DIVISION OF
PLANNING & COMMUNITY DEVELOPMENT
Mr. Daniel Long,
Town Clerk
Town Building
120 Main Street
North Andover, 14A 01845
Dear lir. Long:
I'll. 17',1;liti 4- (n cf, i:�,;
(508) 682-11183
Iiarch 8, 1991
Re: Special t l 11; 1!
Modification - l!ic-kory 11ill
Estates
The North Andover Planning Board held a public h:: 1flI II
March 7, 1991 upon the application of George R. Barker.,
Osgood Street, North Andover, I -IA. , requesting moditicZti(Ll,;. tr. to
approved Special Permit, dared September 23, 1988, Jr.r liic) ory
Estates PRD (Planned Residential Development under Sectio!�.': 0t
.the North Andover Zoning Bylaw). The public hearin ng was d 1,
advertised in the Lawrence Eagle Tribune on February 21 ;.iiid
February 28, 1991 and all parties of interest were duly notif.i�,d.
The following members were present and voting: George Pein._l,
Chairman, John Draper, Joseph Mahoney and Richard Nardella. Jell:,
Simons was absent.
The petitioner seeks an approval to modify the spec i.al 1—! .:: i t.
by reducing the number of dwelling units from 56 to 40 dwel l iilg
units. The premises affected are located on the Hr)rtll s i:! -)f
Barker Street in a Residential 1 (R-1) and Residential 2 (R-211)
Zoning District on approximately 84 acres.
Richard Nardella read the legal notice to open the hub!ic
hearing.
Christian Huntress stated that this project or.i-Iill::ll.ly
approved through the Special Permit process in September of 1988.
The original approval called for construction of 56 (crellirlg ullits
in a site planned PRD or condominium style development. Directly
after the approval of the original Special Permit the ap1)1i(-'3nt
constructed part of the roadway and all utilities.
Mr. Huntress went on to say that due to the nature of the
economy at the present time the condominium sclieme"W_" Wit
feasible. The applicant has redesigned the project as a'
Subdivision PRD with half acre lots and 100 feet of trontzge. '1'lais
type of PRD is allowed through Section 8.5 of the Zoning Bylaw and
is the subject of the modification before the Board this evt2ning.
Page 2:
George Perna asked if the Technical Review Committ�_e had
reviewed the modification. Christian Huntress stated that the TRC
had reviewed the proposed changes and found that this modification
was a down scale in overall project development. Phe drainage
structures, roadways, and all utilities designed for the original
approval would be more than adequate to provide service to the FRU
as modified in this application. This modification will create
less of a traffic impact, sewage output and overall dependance 0 1
town services than the previous configuration.
Mr. Alfred Shaboo of Design Engineering eras present
representing Mr. Barker. Mr. Shaboo reviewed concerns which lizd
been previously raised by staff and they are as'follows:
1 . It is the Town's intention that this roadway sh(:111,l d
remain as a private way. Please present draft deed
restrictions which would address this concern.
2. Through the initial approval of this FRU the Planning
Board reviewed and approved proposed facades for the
dwelling units. In an effort to retain architectural
unity the Board would like to have the applicant draft
restrictive covenants which will focus the house design
to a specific form and style of architecture. These
covenants should be enforceable by the applicant at the
time of construction.
3. A question has been raised as to whether an application
for approval of a Definitive Subdivision Bill be required
to create the lots as shown on the modified site pian.
I have requested that Town Counsel review this issue and
report to the Planning Board.
4. A "No Cut Line" sliould be shown on the plans. This line
should be placed just outside the limit of work necessary
for the construction of the roadway, dwellings and all
clearing associated with drainage.
Mr. Huntress presented the Board with a draft set of twe11ty
four conditions prepared by Staff.
Mr Shaboo stated that he has presented draft covenants as
requested to Staff. Christian Huntress stated that Town Counsel
will review the documents and report to the Planning board. Any
conditional approval granted could condition that these documents
be approved in form by the Planning Board prior to final release.
a
Page 3:
Christian Huntress stated that Counsel has verbally acAvI i ► •_
Board to require a Definitive Subdivision Application for rec(-.;i�-tang
purposes. The creation of individual lots can only b, re,.� i- :I,:d
through a Definitive Subdivision or an Approval Not. Requii.:d
application. Therefore, the filing of a Definitive 'Subdivisi.)n
application shall be required.
George Perna questioned the cul-de-sac which is shown or! L!"
plans for phase one of this modification. Alfred Shaboo
that this is a temporary structure which will be removf d when pi..
two is constructed. Mr. Perna expressed his concerns th.tt the c0.1
de -sac should remain to provide parking for re7idents whf, dish to
use the access to H azurenko Farm located directly off the roadwa,'
at this location. Mr. Shaboo told the Board that tl-ie 1 a nn vliiCh
the cul-de-sac is located will become part of a buildL-dile lot in
phase two of this modification. The Board asked tl::-tt !.!1.••
possibility of parking be reviewed and finalized at the time of th•:
Definitive Subdivision hearing.
Mr. Shaboo reviewed the no cut line and stated that the lice
is established as the Board had asked.
Joseph Mahoney expressed concern with the protectivc._rent
drafts presented. Christian Huntress stated that th . 4:ovenarnts
will be submitted to Counsel for final review: and approval. 11r.
Mahoney also asked why condition number 17 referred to Chapter 61A.
Mr. Huntress stated that this property was receiving pi-otecticn
under 61A as an agricultural use and that development Ut this
parcel will require that the applicant follow all gui.delin'�s
associated with that statute.
George Perna then asked for any public input or concern. 11r.
Shaboo questioned the need for condition number 10d. Clrri.-tian
Huntress informed the Board that this was a condition ::f tlr(�
original Special Permit approval granted on September 23, 1988. 11 t:
the time, Chief Dolan of the NAFD, had recommended the use of
residential fire sprinklers. The Board was unwilling to naive this
requirement without input from the Fire Department. lir. SIia1)..
stated that he had no real problem with the condition but felt he
had to ask the Board to at least consider removing this item from
the conditions. The Board did not remove this condition.
At this time Christian Huntress asked the Board to make the
following amendments to the draft conditions:
a. Condition number 19 add the following wording: "The
covenants as listed in this condition and condition
number 18 shall be approved in form by the Planning
prior to endorsement of the Definitive Subdivision a�
referenced in condition number 25."
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Page 4:
b. Condition „number 2. cant shall
shalle shall for which
Definitivefollows. The apple
Subdivision showing lots conforming with dimensional
requirements found in Section 8.5 of the Zoning Bylaw.
c. Condition number 26 shall be added which reads as
follows: "Construction shall commence within
years and be completed within five (5) years from the
date of this approval."
George Perna asked if there was any further input from either
the applicant or the public. Upon receiving no further input 11r.
Perna asked the Board for a motion to close the public hearing.
On a motion made by Richard Nardella and seconded by J011I1
Draper, the Board voted unanimously, including the Chairman, to
close the pu))lic hearing and take the matter under advisement.
On a second motion made by Joseph Mahoney lani�ticluding seconded by
the
Richard Nardella, the Board voted unanimously,
Chairman, to approve the modification of the oricli 11.21 Spec,-icll
Permit issued on September 23, 1988 for HickoryHill
Estates,
, With
conditions as drafted by Staff and amended by the
Attached are those conditions.
CC: Director of Public Yorks
Board of Public Works
Highway Surveyor
Building Inspector
Board of Health
Conservation Commission
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
Sincerely,.
X46' Perna, fir.
Chairman
i
Is
HICKORY HILL ESTATES, PRD MODIFICATION
Special Permit Modification.
The Planning Board herein modifies the original Special Permit
issued for Hickory Hill Estates, dated September 23, 1988. The
Planning Board makes the following findings regarding this
Special Permit Modification as required by sections 8.5, 10.3 and
10.31 of the North Andover Zoning Bylaw:
A. The specific site is an appropriate location for such use,
structure or condition;
B. The use as developed will not adversely affect the
neighborhood;
C. There will be no nuisance or serious hazard to vehicles or
pedestrians.
D. Adequate and appropriate facilities will be provided for the
proper operation of the proposed use.
E. The application before us is in harmony with the general
purpose and intent of this Bylaw.
The Planning Board also makes the findings under Section 8.5 of
the Zoning Bylaw that this PRD is in harmony with the general
purpose and intent of the Bylaw and that the PRD contains
residential development and open space in a variety to be
sufficiently advantageous to the Town and promotes the public
health, safety and general welfare of the citizens of the Toc;n of
North Andover which renders it appropriate to depart from the
requirements of this bylaw otherwise applicable to the Zoning
Districts in which the parcel is located. In particular, the
Planning Board finds that this project will:
A. Promote the more efficient use of land in harmony with its
natural features;
B. Encourage the preservation of open space;
C. Protect waterbodies and supplies, wetlands flood plains,
agricultural lands, wildlife, and other natural resources
including maintaining the quality of water contained in Lake
Cochichewick.
D. Permit greater flexibility and more attractive, efficient,
and economical design of residential developments.;.
E. Facilitate economical and efficient provision of utilities;
F. Meet the Towns housing needs by promoting a diversity .of
housing types.
Finally, the Planning Board finds that the PRD complies with Town
Bylaw requirements so long as the following additional conditions
are complied with. Therefore, in order to fully comply with the
approval necessary to construct the PRD as specified in this
Special Permit Modification before us the Planning Board herein
grants this modification provided the following conditions are
met:
1. This approval is for work to take place within phase one of
the proposed PRD as modified herein and shown on the
following plans:
Plans entitled: EXISTING CONDITIONS AND PROPOSED REVISIONS
HICKORY HILL ESTATES - P.R.D. (APPROVED)
NORTH ANDOVER, MASSACHUSETTS 01845
Dated:
Revised:
FEBRUARY 1, 1991
FEBRUARY 25, 1991
Prepared By: DESIGN ENGINEERING
P.O. BOX 516
NORTH ANDOVER, MA. 01845
TELE. (508) 683-3893
Client: GEORGE R. BARKER JR.
1267 OSGOOD STREET
NORTH ANDOVER, MA. 01845
Sheets: ONE THROUGH FIVE (1 - 5)
2. Conditions one (1) through seven (7) as listed in the
original Special Permit, approved 9/23/88, shall remain in
full force and effect. The extent and natural of the
Perpetual Conservation Restriction shall remain as originally
approved.
3. In order to meet the boards goal of minimizing site
disruption, visual impact of the project and soil erosion on
the hilly site, a no cut line has been placed upon the
revised plans. Any clearing beyond the limits of the no cut
line shall be subject to reforestation under section 5.8 of
the North Andover Zoning Bylaw.
4. In the proposed phase two (2) of this modification which must
also come before the Planning Board, the applicant shall
provide an easement to the Town of North Andover to allow for
access to public lands located at the Mazarenko Farm. The
easement shall be 10' wide and indicated on the plan with
the following language:
"A public access easement granted to the Town of North
Andover to allow for access to public lands located at the
Mazarenko Farm."
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1
An easement document shall be prepared by the applicant at
the time of filing for phase two (2) of this PRD and that
document shall be recorded with the registry of deeds.
5. A 50' wide buffer area shall be provided from the perimeter
of the parcel line which contains the proposed construction,
as required by Section 8..5 6(d). No pavement, cutting or
grading shall be allowed in this buffer area.
6. A 20' wide sewer and water easement to allow the extension of
these services to the land N/F of Carter shall be shown on
the plan in accordance with the requirements of the Division
of Public Works.
7. The roadway and driveway shall not exceed grades of ten
percent (10%). The board shall allow these steep grades in an
effort to minimize the disruption of the existing contours of
the land.
8. The applicant shall adhere to Section 4.2 (Phased
Development) of the existing bylaw.
9. Any action by a Town Board, Commission or Department which
requires changes in the roadway alignment, placement of any
easements or utilities, drainage facilities, or changes in
the grading, no cut line or perpetual conservation
restriction shall be resubmitted to the Planning Board for
review.
10. The applicant shall adhere to the following requirements of
the Fire Department:
a. Open burning is permitted by permit only after
consultation with the Fire Department.
b. Underground fuel storage will only be allowed in
accordance with Town Bylaws and State Statute and only
with the review and approval of the Fire department and
Conservation Commission.
C. Lot numbers are to be posted clearly during construction
and permanent house numbers prior to occupancy.
d. All structures shall be required to contain residential
fire sprinklers systems in conformance with the North
Andover Fire Department.
11. The applicant shall adhere to the following requirements of
the Police Department:
a. Adequate site distance shall be maintained at the exit of
the project onto Barker Street.
b. Appropriate signs shall be placed on Barker Street
I
informing motorists of the intersection.
C. A "STOP" sign shall be placed as the proposed roadway
exits onto Barker Street.
12. There shall be no burying or dumping of construction material
on the site. Also,. there shall be no burying of tree stumps
in the Watershed District.
13. All lighting for this project shall be reviewed by the
Planning Board.
14. The public access easement shown on the plans shall be
adequately marked with wood poles starting at its barker
street entrance. These markings shall be in the form of
wooden poles placed every 500 feet along the roadway. These
poles shall be 4 feet in height and shall contain the
following language:
"Public access to Mazarenko Farm, Town of North Andover."
Other language as approved by the North Andover Conservation
Commission may be used.
The purpose of this condition is to notify the citizens of
the community of the existence of the access easement and
help guide their journey to Mazarenko Farm through this
project.
15. Any signs utilized for this project must obtain a sign permit
as required by Section 6 of the Bylaw.
16. The applicant shall provide a water connection to French Farm
Village Subdivision in accordance with the standard of the
N.A.D.P.W.. The applicant shall provide signed easements
including those from abutting property owners.
17. Prior to the sale or development of the project, the
applicant shall adhere to the requirements of M.G.L.
Chapter 61A.
18. In no instance shall the proposed roadway be deemed -as a
public way, accepted by the Town or receive Town services
such as plowing or trash pickup. All Emergency services such
as fire and police shall be afforded to this roadway. The
applicant shall record restrictive covenants for each
individual lot which states that the property fronts on a
private way and as such the property owners shall be
responsible for roadway maintenance, plowing and trash
pickup.
19. Due to the nature of the PRD bylaw the applicant shall record
restrictive covenants which will insure that the
architectural style of the proposed structures shall be
uniform in design.
20. The contractor shall contact Dig Safe at least 72 hours
prior to commencing any excavation.
21. Gas, Telephone, Cable and Electric utilities shall be
installed as specified by the respective utility companies.
22. All .catch basins shall be protected and maintained with hay
bales to prevent siltation into the drain lines during
construction.
23. Prior to a Certificate of Occupancy being issued for any
structure on this lot, this site shall have received'al.l
necessary permits and approvals from the North Andover
Board of Health.
24. The provisions of this conditional approval shall apply to
and be binding upon the applicant, it's employees and all
successors and assigns in interest or control.
Air
Notice to APPLICANT/TOHN CLERK and Certification of Action of Pi )9oard
on Definitive Subdivision Plan entitled:':4=`
Definitive Cluster Subdivision of Hickory Hill Estates
..• 1
• u
By:.. ` Design Engineering/Scott L. Giles RLS dated Marct{`�til, 11990 19
The North Andover Planning Board has voted to APPROVE said plan, subject to the
following conditions:
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 municipal services within said sub-
divisiont all as provided by G.L. c. 41t S. 81-U.
2. That all such construction and installations shall in all respects
conform to the governing rules and regulations of this Board.
3. That, as required by the North Andover Board of Health in its report to
this Boardt 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.
k. Other conditions:
SEE ATTACHED 14 CONDITIONS
In the event that no appeal shall have been taken from said approval within
t enty days from this dater the North Andover Planning Board will forthwith
t ereafter endorse its formal approval upon said plan.
ATTEST:
A Two Copy
C.�'"—Y
Town Clerk
Date: March 28, 1991
NORTH/UpVER P�,pt��Il-• BOARD C
BY: George D. erna, Jr., Chairman
4
HICKORY HILL DEFINITIVE SUBDIVISION
CONDITIONAL APPROVAL.
(1) There shall be no driveways placed where stone bound
monuments and/or catch basins are to be set. It shall be the
developers responsibility to assure the proper placement of
the driveways regardless of whether individual lots are
sold. The Planning Board shall require any driveway to be
moved at the owners expense if such driveway is at a catch
basin or stone bound position. Certification to the
Department of Public Works by a Certified Professional
Engineer shall be required prior to the issuance of a
certificate of occupancy.
(2) All drainage facilities including detention basins, shall be
constructed and erosion controlled prior to any lot release.
(3) An as -built plan and profile shall be submitted for review
and approval. A certified interim as -built verifying that
all utilities have been installed in accordance with the
plans and profile shall be submitted prior to the
application of the binder coat of pavement. In addition, all
required inspection and testing of water, sewer, and
drainage facilities shall be completed prior to binder
course paving.
(4) All Planning Board order of conditions are to be placed upon
the recorded Definitive Plan, ( Cover Sheet ) prior to
endorsement and filing with the Registry of Deeds.
(5) All lots shall have received all necessary permits and
approvals from the North Andover Board of Health and
Conservation Commission.
(6) All catch basins shall be protected with hay bales to
prevent siltation into the drain lines during road
construction.
(7) No open burning shall be done except as is permitted during
burning season under the Fire Department regulations.
(8) No underground fuel storage shall be installed except as mai-
be required by Town Regulations.
(9) Lot numbers shall be posted prior to any lot receiving a
permit to build
(10) Permanent house numbers will be posted on dwellings prior to
occupancy.
(11) All lots shall have residential fire sprinklers installed
prior to the issuance of the Certificate of Occupancy, per
order NAFD.
I
(12). Prior to construction, a stop sign shall be placed at the
intersection of Barker Street and the proposed access road.
Per order N.A.P.D.
(13) This Definitive Subdivision approval is based upon a Special
Permit Modification granted under section 8.5 of the North
Andover Zoning Bylaw, dated.March 11, 1991. The Special
Permit Modification is based upon the following plans:
Plans entitled: EXISTING CONDITIONS AND PROPOSED REVISIONS
HICKORY HILL ESTATES - P.R.D. (APPROVED)
NORTH ANDOVER, MASSACHUSETTS 01845
Dated:
Revised:
FEBRUARY 1, 1991
FEBRUARY 25, 1991
Prepared By: DESIGN ENGINEERING
P.O. BOX 516
NORTH ANDOVER, MA. 01845
TELE. (508) 683-3893
Client: GEORGE R. BARKER JR.
1267 OSGOOD STREET
NORTH ANDOVER, MA. 01845
Sheets: ONE THROUGH FIVE (1 - 5)
Any changes to the above referenced Special Permit
Modification or the record plans may be subject to
Modification under Chapter 41 of the Massachusetts General
Laws.
(14) The following plans shall be deemed as part of this
decision:
Plans entitled: DEFINITIVE CLUSTER SUBDIVISION OF HICKORY
HILL ESTATES - P.R.D. MODIFIED.
Drawn for: GEORGE R. BARKER, JR.
1267 OSGOOD STREET
NORTH ANDOVER, MA. 01845
Dated: MARCH 11, 1991
Prepared by: DESIGN ENGINEERING
P.O. BOX 516
NORTH ANDOVER, MA 10845
SCOTT L. GILES, R.L.S.
50 DEER MEADOW ROAD
NORTH ANDOVER, MA. 01845
cc: Director of Public Works
Board of Public works
Highway Surveyor
Building Inspector
Board of Health
Assessors
Conservation Commission
Police Chief
Fire Chief
Applicant
Engineer
File
On this 13th day of - March -----1991 , before me persmui l l y al+l+c r(i rd
the NORTH ANDOVER CONSERVATION Col-U-IISSIUN, to me known to be the hers lls descr.1bed
in�an� executed the foregoing instrument and acknowledged that they executed the
!same as their free act and .deed as the true vote of the CUNSI:ItVA'1'lUIJ COMMISSION.
SL cmber 9, 1994- — —
*.Notayblic Aly Commission Expires
It is necessary that a receipt from the Registry of Deeds be submitted to this
office showing that this Modification has been recorded and referenced to the
Book and Page numbers where the original Order 0 242-474 was recorded.
+ + + + + + + + + +
OFFICES OF.
"" " Town of
I3UILDlNG
o
� „4�(1;, nt;r��:i� lir(�•II� (►Iti.4
NOI RTI AN
CONSEIIVATION
"'? = -. �.i
�� UlVISION Oi'
1 IEACTI.1
}'CANNING
PLANNING & COMMUNITY 1)E\,L11 1� fVgl�
KARLN 1 1.1'. NLLS(.)N, Ul��:c: l (A
MODIFICATION OF ORDER OF CUNDITIONS
File No. 242-474
Hickory Hill Estates
The NORTH
ANDOVER CONSERVATION COMMISSION at its meeting on March 13,1991 ,
agreed to
accept Revised Plans dated: February 25, 1991
as a Modificat.lnll
to the Order of Conditions issued in file # 242- 474 on Oct. 4, 1988
and recorded in Book # and.Page 11 . Iprument X624304
YIss ed b
the NO TH ANDOVER CONSERVATION COMMISSION:: am."
2
. /L,
lu-ri�� X
t
On this 13th day of - March -----1991 , before me persmui l l y al+l+c r(i rd
the NORTH ANDOVER CONSERVATION Col-U-IISSIUN, to me known to be the hers lls descr.1bed
in�an� executed the foregoing instrument and acknowledged that they executed the
!same as their free act and .deed as the true vote of the CUNSI:ItVA'1'lUIJ COMMISSION.
SL cmber 9, 1994- — —
*.Notayblic Aly Commission Expires
It is necessary that a receipt from the Registry of Deeds be submitted to this
office showing that this Modification has been recorded and referenced to the
Book and Page numbers where the original Order 0 242-474 was recorded.
+ + + + + + + + + +
At
310 CMR 10.99
Form 8 t`DEP Fife No 9 t 2� , �AV2— 474
no ue wovioed uy DEP)
Commonwealth C!lv_lawr"Nb"rth Andover
of Massachusetts
Aooi,canl George R. Barker Jr.
(Lots 1,2,3,4,9,10,11,15,16,17,
F` 18,19,20,21,22,23,24,25, 26 & 27)
=` Hickory Hill — Barker Street
Partial Certificate of Compliance
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
From NORTH ANDOVER CONSERVATION COMMISSION Issuirio Authority
To George R. Barker Jr.,
(Name)
Date of Issuance April 18, 1991
1267 Osgood Street, North Andover, MA 01845
(Address)
This Certificate is issued for work regulated by an Order of Conditions issued to George R. Barker Jr. ,
dated Oct. 4, 1988 and issued by the NACC
1. 10 It is hereby certified that the work regulated by the above -referenced Order of Conditions has
been satisfactorily completed.
2. }{ It is hereby certified that only the following portions of the work reaulated by the a5ove-refer•
enced Order of Conditions have been satisfactorily completed: (If the Certificate of Compliance
does not include the entire project, specify what portions are included.)
Applies to the above Lots ONLY......
3. ` It is hereby certified that the work regulated by the above•relerenced Order of Conditions was
never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future
work subject to regulation under the Act may be commenced without filing a new l.olice of Intent
and receiving a new Order of Conditions.
..........................................................................................................
(Leave Soace Blank)
M.
Fffective 11/1D/A9
4.
5.
Issued by
This certificate shall be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located. The Order was originally recorded on October 6, 1988 (date)
at the Registry of Deeds, Northern Essex Book a if' -1 / Page /a(o
Instrument # 24304
The following conditions of the Order shall continue: (Set forth any conditions contained in the
Final Order, such as maintenance or monitoring, which are to continue for a longer period.)
NORTti:'ANDOVER CONSERVATION COMMISSION
Signature(s) ^A1
When issued by the Conservation Commision this Certificate must be signed by a majority of is Ineinbers.
On this 17th day of April 19 99 . before rite
personally appeared Paul L. Tariot to me known to be the
person described in and who executed the foregoing instrument and acknowledged that heishe executed
_1hL-same as his/her free act and deed.
i' September 9, 1994
.. N tary Public Marie L. Boudrot My commission expires
Detach on dotted line and submit to the
..................................................................................................................................................................................................................
To NACC Issuing Authority
Please be advised that the Certificate of Compliance for the protect at. Hickory Hill — Barker S t . , ( See other side
242— Deeds, Northern Essex for listing of lots;
File Numoer has been recorded at the Registry of
and has been noteo in the chain of title of the affected orocerty on • . a
tt reccroeo fano.:..^.e instrument number :vnic t roentmes INS uansa::ion is
1! registereo Land. the cocument numoer which identities this transaction is
Signature aoot1tam
B•2