HomeMy WebLinkAboutMiscellaneous - Stonewedge CircleLA"
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Town of North Andover NORTN
OFFICE OF RECEIVED ��,,"to e,tipO`
COMMUNITY DEVELOPMENT AND S M RKA� p
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27 Charles Street NORTH ANDOVER ; �°
North Andover, Massachusetts 01845 �9`°�.,,, .•a'`t�
WILLIAM J. SCOTT 1999 DEC 28 P 1 51 9S3ACHUS�j
Director
(978) 688-9531 NOTICE OF DECISION Fax (978) 688-9542
Any appeal shall be filled
within (20) days after the
date of filling this Notice
in the Office of the Town
Clerk.
Date Imo, �g� C, Cl
Date of Hearing 1 C Ci C,
fl 6 Petition of
Rm ►� b el I a ��~� !� l—L
C�
Premises affectedCs'�One-� mer I �i� Ci r'GIP ,
G�.
Referring to the above petition for a special'permit from the requirements of the
N n r:tb A nj o`i ,r on n c, `-7 1
so as to allow n t I of
A GcP±,s -1•C) La -r 5 Om P r- acl i a Pnf �o-r `1
After a public hearing given on the above date, the Planning Board voted
to QPjPR0\1t theSpec',al }PerMii- AGLc. & O}her-$a2 ONer
The 1_P_ eta I 'Frcy\-�i c1e
based upon the following conditions:
CC: Director of Public Works
Building Inspector
Natural Resource/Land Use Planner
Health Sanitarian
Assessors
Police Chief
Fire Chief
Applicant
Engineer
Towns Outside Consultant
File
Interested Parties
SignedL6Z,)
Alison Nt Lescarbeau. Chairman
John Simons. Vice Chairman
Alberto Angles. Clerk
Richard S. Rowen
Richard Nardella
Planning Board
BOAR OF APPEALS 688-9541 BCIILMNG 688-9545 CONSERVATION 688-9530 HEALTH 683-9540 PL.-\:�iNG 683-9`35
Lots 1 & 5 Stonewedge Circle
Special Permit Approval - Access other than over the legal frontage
The Planning Board makes the following findings regarding the application of Campbell Forest,
LLC, 231 Sutton Street, Suite 2F, North Andover, MA 01845, dated October 15, 1999
requesting a Special Permit under Section 7.2.1 of the North Andover Zoning Bylaw to allow
access to Lot 1 — Stonewedge Circle over the adjacent lot, Lot 3; and to allow access to Lot 5 —
Stonewedge Circle, over its adjacent lot, Lot 4, owned by Campbell Forest, LLC, 231 Sutton
Street, Suite 2F, North Andover, NIA- 01845.
FINDINGS OF FACT:
1. A large area of wetland covers the entire frontage of Lot 5 and Lot 1.
2. Access other than legal frontage to these lots will create less impact on the wetland area
therefore the location is appropriate; the driveway will not affect the neighborhood, and will
not create a hazard to vehicles or pedestrians.
This application will have less impervious area than the original subdivision which was
approved and depicted common driveways; instead of the new roadway proposed,
Stonewedge Circle. This plan reduces the impact to the wetland area by approximately 250
feet.
4. The purpose and intent of the regulations contained in the Zoning Bylaw are met with the
Special Permit Application.
Upon reaching the above findings, the Planning Board approves this Special Permit with the
following conditions:
Special Conditions:
This decision must be filed with the North Essex Registry of Deeds. Included as a part of
this decision are the following plans:
Plans titled: Definitive Residential Subdivision
Stonewedge Circle — N. Andover, MA
Prepared For: Campbell Forest, LLC
Prepared by: Engineering Alliance, Inc.
196 Central Street
Saugus, MA 01906
Scale: F'=40'
Plan Date: 9/28/99
a) The Town Planner must approve any changes made to these plans. Any changes
deemed substantial by the Town Planner will require a public hearing and a
modification by the Planning Board.
b) Easements pertaining to the rights of access for and agreements pertaining to the
maintenance of the driveway must be recorded with the Registry of Deeds and a
certified copy of the recorded document filed with the Planning Office.
2. Prior to any site disturbance:
a) All appropriate erosion control devices must be in place and reviewed by the Town
Planner.
b) The decision of the Planning Board must be recorded at the North Essex Registry
of Deeds and a certified copy of the recorded decision must be submitted to the
Planning Office.
c) Tree clearing must be kept to a minimum. The area to be cleared must be
reviewed by the Town Planner.
3. The contractor shall contact Dig Safe at least 72 hours prior to commencing any
excavation.
4. Gas, telephone, cable, and electric utilities shall be installed as specified by the respective
utility companies.
5. No open burning shall be done except as is permitted during the burning season under the
Fire Department regulations.
6. No underground fuel storage shall be installed except as may be allowed by Town
Regulations.
7. The provisions of this conditional approval shall apply to and be binding upon the
applicant, its employees and all successors and assigns in interest or control.
8. This permit shall be deemed to have lapsed after a two- (2) year period from the date on
which the Special Permit was granted unless substantial use or construction has
commenced. Therefore the permit will lapse on
t.
ESSEX NORTH RE JSTpy ®F DEEDS
�
LAWRENCE MASS.
A TRUE COPY: AT-reST.
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ptm-'-"�tn or -Delm
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FORM C
APPLICATION FOR APPROVAL OF DEFINITIVE PLAN)
>> December 1 &,4
To the Planning Board of the Town of North Andover:
The undersigned, being the applicant as defined under Chapter 419 Section
-for-a prov-al-cif-a proposed subdivision shown on a plan entitled
)n_Hill Sub,div_ision;Definitive Subdivision Plan, North Andover, Ma., November 30, 19
leer-H.W. Moore Assoc., Inc., Surveyor -Teton Land Consultants. Inc.
by H.W. Moore Assoc., Inc. dated November 30, 1987
being land bounded as follows: =For description• -of -land. Spa;Rxl,;hir-.A ann x d.hereto.
hereby submits said plan as a DEFINITIVE plan in accordance with the Rules and
Regulations of the North Andover Planning Board and makes application to the
Board for approval of said plan.
Title Reference: North Essex Deeds, Book 118 2 , Page 3 0 6 ; or
Certificate of Title No. _, Registration Book`, pageL_* or
Other:
Said plan has( 4 has not( ) evolved from a preliminary plan submitted to
the Board of May 1 19 87 and approved (with modifications) ( )
disapproved (� on AuF-ust 3 , 19 87 .
The undersigned hereby applies for the approval of said DEFINITIVE plan
by the Board, and in furtherance thereof hereby agrees to abide by the Board's
Rules and Regulations. The undersigned hereby further covenants and agrees
with the Town of North Andover, upon approval of said DEFINITIVE plan by the
Board:
1. To install utilities in accordance with the rules and regulations of the
Planning Board, the Public Works Department, the Highway Surveyor, the
Board of Health, and all general as well as zoning by-laws of said Town,
as are applicable to the installation of utilities within the limits of
ways and streets;
2. To complete and construct the streets or ways and other improvements shown
thereon in accordance with Sections Iv and V of the Rules and Regulations
of the Planning Board and the approved DEFINITIVE plan, profiles and cross
sections of the same. Said plan, profiles, cross sections and construction
specifications are specifically, by reference, incorporated herein and made
a part of this application. This application and the covenants and agree-
ments herein shall be binding upon all heirs, executors, administrators,
successors, grantees of the whole or part of said land, and assigns of the
undersigned; and
3. To complete the aforesaid installations and construction within two (2)
years from the date hereof.
BOS HILL SKI A INC.
Received by Town Clerk: B
Date: Si e o pplicant Robert W.- Dunn President
Time: Salem Turnpike- Route 114
Signature: North Andover, Massachusetts 01845
Address
. EXHIBIT A'
TO APPLICATION FOR APPROVAL
OF DEFINITIVE PLAN
BY BOSTON HILL SKI AREA, INC.
the following described property which is in three (3) parcels on the i
westerly side of Salem Turnpike, otherwise known as Route 114, in said
North Andover, and as shown onPian numbered S,QQQ, recorded May 8,
1964 in Essex North Dtstrtct Registry of Deeds and designated as "Plan of
a Portion of Land of John C. Farnum, North Andover, Mass. , Prepared
for Boston Ski Development Corp. , Route 114, North Andover, by Raymond
C. Pressey, Inc., Registered Land Surveyors".
Parcel i is bounded and described as follows:
Parcel 1:
NCR•?'HEPLY:
two hundred thirty (230) feet, more or less, by a
stone wall;
EASTERLY:
six hundred thirty (830) feet, more or less;
1�:G ; REPLY:
three hundred (300) feet, more or less; and
;-:'A ts L
four huncred (d00) feet, more or less, the last
three bounces all by land now owned by the grantor;
SCUTNWESTERLY:
but more WESTERLY, in a curved line in three
courses, one hundred twenty—tt,ree (123) feet,
more or less, one hundred forty—Rve ( 145) feet,
more or less, and four hundred sixty (460) feet,
more or less, by land now or formerly of the
grantor;
WES f ERLY:
by the stone wail and Iand now or formerly of
Wtlllam Sheridan, nine hundred ninety-eight (998)
feet, more or less. The Northwesterly corner is
at a corner in the stone wall twelve hundred
(1,200) feet, more or less, from the Salem
Turnpike.
Parcel. 2 consists of all the right, title and interest the grantor may have In
the following prey -Asea, contiguous to Parcel 1. and is bounded and
described as foll_ws:
Parcel 2:
Beginning at the Northwesterly corner of the premises previously described
as Parcel 1, thence running:
- 1 -
w
S0U-ME`LY: fifty (50) feet by Parcel 1, to the corner of the
stone wall; thence turning and running
WESTERLY: by a stone wall five hundred twenty (520) feet,
more or less, by land now or formerly of William
Sheridan to Chestnut Street and the corner of a,
stone wall; thence turning and running
NORTHERLY: fifty (50) feet, more or less, by said stone wall to
Chestnut Street, as shown on said plan, to a
corner of a stone wall; thence turning and running
EASTERLY: five hundred ten (5 10) feet, more or less, along
said stone wall, to the point of beginning.
The total area of Parcels 1 and 2 contain approximately ten (10) acres,
more or less, these parcels 1 and 2 intended to be the remainder of the
thirty-three (33) acres, more or less, shown on the said plan numbered
5.000. being described thereon as "Area of Proposed Amendment from
Rural Residence to General 6ustness", the balance of which area is further
described hereon as Parcel 3.
Parcel 3 is bounded and described as follows:
Parcel 3:
e—
The premises beginning at a point being the southeasterly corner of the
premises described on said plan numbered 5,000, thence running:
NORTHWESTERLY:
by said Salem Turnpike thirteen hundred sixty
(1, 360) feet, more or less, to a stone wall by
land now or formerly of Margaret R. Simon;
thence turning and running
NORTHWESTERLY:
but more
WESTERLY:
by said land now or formerly of Margaret R.
Simon, and by land now or formerly of William
Sheridan, nine hundred seventy (970) feet, more or
less, along a stone wall and fence; thence turning
and ru nni ng
SOUTHEASTERLY:
but more
SOUTHERLY:
by land of John C. Farnum, also known as John
C. Farnham, six hundred thirty (630) feet,
more or less, by Parcel 1 to other premises of
said John C. Farnum, alias, heretofore leased
to the Massachusetts Institute of Technology,
--
notice of which lease is recorded with Essex North
District Registry of Deeds, Book 851, Page 401;
thence turning and running --
EASTERLY:
by said other premises of John C. Farnum'. alias,
three hundred (300) feet, more or less; thence
turning and running
SOUTHEAST:
four hundred (400) feet, more or less;
SOUTHEASTERLY:
but more
EASTERLY:
three hundred Sixty-five (365) fleet, more or less;
SOUTHEASTERLY:
but more
SOUTHERLY:
two hundred (200) feet, more or less; and
EASTERLY:
three hundred seventy -Ave (375) feet, more or
less, to the point of beginning,
.lr
all
�►
FORM i
COVENANT
Fe .1
0 I 1.luAayP_r , Massachusetts
KNOW ALL MEN by these presents that the undersigned has submitted an application dated
to the -NQ& ADove,r Planning Hoard for approval of a
definitive plan of a subdivision of land entitled: S t6 A! e�L, e d ap. i,rc i e % plan by:
dated: LLr
address: d,3.1C�i}anr St AlerA A 12nuer MA , land located: -off C mAke// A4 ;Qbtj%
1 ftYAM&IC M% , and showing 6 proposed lots. The undersigned has requested the
Planning Board to approve such plan without requiring a performance bond.
IN CONSIDERATION of said Planning Board of ____N66Iy_ AnLyr in the county of �
FSSe—x - approving said plan without requiring a performance bond, the undersigned
hereby covenants and agrees with the inhabitants of the :Ed w n, as X
follows: z
1. That the undersigned is the owner in fee simple absolute of all the land included in the subdivi.
sion and that there are no mortgages of record or otherwise on any of the land, except for those
described below, and that the present holders of said mortgages have assented to this contract
prior to its execution by the undersigned.
If there is nore than one owner, all must sign. "Applicant" may be an owner or his agent or
representative, or his assigns, but the owner of record must sign the covenant.
2. That the undersigned will not sell or convey any lot in the subdivision or erect or place any perma-
nent building on any lot until the construction of ways and installation of municipal services
necessary to adequately serve such lot has been completed in accordance with the covenants.
conditions, agreements, terms and provisions as specified in the following:
a. The Application for Approval of Definitive Plan (Form C).
b. The Subdivision Control Law and the Planning Board's Rules and Regulations governing this
subdivision.
c. The certificate of approval and the conditions of approval specified therein, issued by the
Planning Board, dated Mc- , A-9
d. The definitive plan as approved and as quaiified by the certificate of approval.
e. Other document(s) specifying construction v^ be completed, namely: =.~
However, a mortgagee who acquires title to the mortgaged premises by foreclosure or otherwise
and any succeeding owner of the mortgaged premises or part thereof may sell or convey any lot,
subject only to that portion of this covenant which pro%. les that no lot be sold or conveyed or shall
be built upon until ways and services have been proviCed to serve such lot.
3. That this covenant shall be binding upon the executors, administrators, devisees, heirs.
successors and assigns of the undersigned and shall constitute a covenant running with the land
included in the subdivision and shall operate as restrictions upon the land.
4. That particular lots within the subdivision shall be released from the foregoing conditions upc,
the recording of a certificate of performance executed by a majority of the Planning Board and
enumerating the specific lots to be released-, and
5. That nothing herein shall be deemed to prohibit a conveyance by a single deed subject to this
covenant, of either the entire pa;cEl of land shown on the subdivision plan or of all lots nct
previously released by the Planning Board.
uassaciusetts reaeration of Planning and Aoceais 3oaros 197'Z
(Revised 1980. 1,987. !9881
20.17
6. That the undersigned agrees to record this covenant with the —Lue- No ' lhounty
Registry of Deeds, forthwith, or to pay the necessary recording fee to the said Planning Board
in the event the Planning Board shall record this agreement forthwith. Reference to this covenant
shall be entered upon the definitive subdivision plan as approved.
7. A deed of any part of the subdivision in violation of the covenant shall be voidable by the grantee
prior to the release of the covenant; but not later than three (3) years from the date of such deed,
as provided in Section 81-U, Chapter 41, M.G.L
S. That this covenant shall be executed before endorsement of approval of the definitive plan by the
Planning Board and shall take effect upon the endorsement of approval.
9. Upon final completion of the construction of ways and installation of municipal services as
specified herein, on or before F -c k i . A i)A 1
the Planning Board shall release this covenant by an appropriate
instrument, duly acknowledged. Failure to complete construction and installation within the time
specified herein or such later date as may be specified by vote of the Planning Board with a
written concurrence of the applicant, shall result in automatic rescission of the approval of the
plan. Upon performance of this covenant with respect to any lot, the Planning Board may release
such lot from this covenant by an appropriate instrument duly recorded.
10. Nothing herein shall prohibit the applicant from varying the method of securing the construction
of ways and installation of municipal services from time to time or from securing by one, or in par,
by one and in part by another of the methods described in M.G.L., Chapter 41, Section 81-U.
as long as such security is sufficient in the opinion of the Planning Board to secure performance
of the construction and installation; and
Massacnusetts Feaeraucn of Planning ano aooeals Soaras 1972
(Rev -sea 1980 '•983. 19881
20.18
For title to the property see deed from . T e 0 , dated 7ume ,S 1997
recorded in Esc f>9 A 01-kt� ` Registry of Deeds, Book Pae 9
in Land Registry as Document Na. g �— or registered
title no. , and noted on certificate of
in Registration Book _ . , Page .
The present holder of a mortgage upon the property is S+v% M �e �,�,�,��
3.x'4 MQ ia, Sf S�owA,kQ M A,Nk of
recorded in ossa The mortgage is dated "A 4 and
r 1 -z Alat� DidiL c Registry of Deeds, Book y �, , Page �5�egistered
Land Registry as Document No. , and noted on certificate
of title no. , in Registration Book , Page _ . The mortgagee agrees to hold
the mortgage subject to the covenants set forth above and agrees that the covenants shall have the
same status, force and effect as though executed and recorded before the taking of the mortgage and
further agrees that the mortgage shall be subordinate to the above covenant.
spouse of the undersigned applicant hereby agrees
that such interest as I, we, may have in the premises shall be subject to the provisions of this covenant
and insofar as is necessary releases all rights of tenancy by the dower or homestead and other
interests therein.
IN WITNESS WHEREOF we have hereunto set our hands and seals this % SJz d4V of
Februe,tr v , moo .
Owner
J41,,1,,,o,ou;se of Owner
iP
Mortgage
Acceptance by a Majority of the Planning Scarc of
One acknowledgement must be completed for each of the following:
Planning Board representative
Owner or owners
Spouse of the owner
Mortgagee
COMMONWEALTH OF MASSACHUSEiii S
ss
Then personally appeared before me the above
the foregoing instrument to be
jZiDhua�`�/ / ,�w 60
named /�?enne,ndS�r�and acknowledced
free act and deed. r
Signature of Notary Puolic
My commission expires 2LI ZI U 3
Massacr• setts ;eoeranon of Panning and Aooea!s Scares 1972
IFev-sec 1980. !921. !9881
20.19
� p �
COMMONWAALTH OF*, MASSA(MIISETTS' ,
Essex County ss
19
Then personally appeared before me Ahe above named
the for instrument to be and acknowledged
free act and deed.
Signature of Notary Public
My commission expires
COMMONWEALTH OF HASSACHUSETTS
Esse: County 55
Then personally appeared before me the above named
tze foregoing instrument to be free act and deed.
19
and acknowledged
Signature of Notary Publ,c
My commission expires
=P-HOIN EALTH CF MASS.-sC_ USET'TS
Middlesex South Countyss
February 2. 2 E1 19
Ther, CK-r--sonaily acceared Paul J. Sodano as
cant or ni_=/its aucnariZed agent and acknowie-ged t e
rCr �QCliIG:- 1nSt� IIIlent tC be his Cr her free ac- and deed and t::e
' J
act end, deed of t" -'ie applicant; be -fare me.
Y J
NG�a ^7 �Llbl C
My Commission Exz_re_.
ESSEX NORTH REGISTRY F DEEB
LAWRENCE,
MASS.
A TRUE COPY: ATTEST: