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02-028 (2) APR-02-2003 04 :00 PM EVANS&VERSON 4135859264 nets • Doc; 992226457 OR /6774/0342 09/04/200215,08 SWEET MEADOW PROPS , LLC Arthur L. Pichette For authority, see Certificate of Mark F. Ledwell Authority recorded at Book 6741 , Page 171 THE COMMONWEALTH OF MASSACHUSETTS Hampshire, ss, August 28 ' 2002 Then personally appeared the above-named Arthur L. Pichette and Mark F. Ledwall and acknowledged the foregoing instrument to be the free act and deed of Sweet Meadow Properties, LLC, before me Alan Verson, Notary Public My commission expires- March 27, 2009 ATTESTS SAX?SHIU S REGISTEI WAR TT AN�nn APR-02-2003 03 :59 PM EVAHS&VEKSun 4155tiD7L34 r e r Doc; 992116457 OR /6774/0301 Q9/04/200115:06 hereinalter provided, thereupon becoming; a continuing lien on the Lot which shall bind such property in the hands of the then owner and his successors in record title. the personal obligations of the then owner and his successors in record title, The personal obligations of the then owner to pay such assessment, however, shall also remain his personal obligation. If the assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest from the date of delinquency at the rate of eighteen percent (18%) per annum, and the Association may bring any action at law against the owner personally obligated to pay the same or to foreclose the lien against the Lot, and there shall be added to the amount of such assessment the costs of preparing and filing the complaint in such action, and in the event a judgment is obtained, such judgment shall include interest on the assessment as above provided and reasonable attorneys' fees to be fixed by the court together with the costs of the action. 7. FORECLOSURE: OF LIEN FOR NONPAYMENT OF ASSESSMENT The lien provided for herein may be enforced, in case of nonpayment for four (4) months from the due date of the assessment, by sale at public auction on the Lot owner's premises, first complying with the statutes relating;to the foreclosure of mortgages by power of sale in a Massachusetts form of power of sale mortgage the recording;of an affidavit of such sale together with the Association's deed to the purchaser(s) shall forever bar the delinquent Lot owner and his successors in record title from all right and interest in said Lot, at law or in equity. Similarly, as above, the lien sought to be foreclosed shall include the aforesaid interest and legal costs and attorneys' fees incurred as a result of the foreclosure proceedings. ARTICLE IV AMENDMENTS This Declaration of Restrictions and Covenants may be altered, amended, or repealed at any meeting of the Association by a vote of two-thirds (2/3) of all of the total number of votes entitled to be cast, provided that the proposed action is inserted in the written notice of such meeting. Notwithstanding the foregoing, no such alteration, amendment or repeal shall terminate rights to the driveway or septic systems, or violate any condition order or stipulation of any governmental authority issued incident to such authority's approval of the subdivision, without the duly authorized approval of such authority. 7 APR-02-2003 03 :59 PM EVANS&VERSON 4135859234 P. 06 Doc: 99222545108 /6114/0300 09104/200215.08 ARTICLE III IIOMEQWNERS ASSOCIATION 1. NAME There shall be and there hereby is created a homeowners association to be known as the Northern Woods Property Owners Association (hereafter referred to as the "Association"). 2. MEMBERSHIP Every person or entity who or which is the record owner of either Parcel 1, Parcel 2, or Parcel 3 as shown and described on the plan referred to hereinabove shall be a member of the Association. When more than one person or entity is the record owner, then they shall designate one of said owners to act as the member representing said parcel. 3. MEETINGS The members of the Association shall meet as necessary to accomplish the business of the Association, as set forth hereafter, but not less than once each year. If a meeting has not taken place within the past year, then any one member may call a meeting upon 14 days written notice of the time and place to the other members. 4. RESPONSIBILITIES OF ASSOCIATION The Association shall be responsible for the maintenance of the driveway as set forth in paragraph 17 of Article II above and the stormwater runoff and pollutant prevention work as set forth in paragraph 18 of Article 11 above, and such additional work as the members of the Association decide by majority vote to accomplish. if such additional work will cost more than $750.00 in any calendar year, then it shall require the unanimous consent of the members. 5. ASSESSMENTS The owners of each of Parcel 1,Parcel 2, and Parcel 3, including the Developer for reach parcel owned by it, hereby covenant and agree to pay to the Association one-third (1/3)of the annual or special assessments as determined by the Association to be necessary to accomplish the work stated in section 4 of this article. Said assessments shall commence on December 1, 2002, and shall be payable on the date fixed by the members at that time, notwithstanding whether a member has commenced or completed construction of a dwelling on their parcel by said time. It is hereby stated to be the intention that the driveway shall be maintained regardless of the number of constructed or occupied dwellings, unless the members decide otherwise by unanimous consent. 6. EFFECT OF NONPAYMENT OF ASSESSMENT if the assessments are not paid on the date when due, then such assessments shall become delinquent and shall, together with such interest thereon, and cost of collection thereof as 6 APR-02-2003 03 :58 PM EVANS&VERSON 4135859234 P. 05 Doc; 992226451 OR /6114/0199 09/04/2002 15;08 16, EARTH REMOVAL No loam, sand, gravel or other solid material, except that resulting from customary landscaping or from construction permitted end approved hereunder, shall be removed from a Lot. 17. MAINTENANCE OF DRIVEWAY The driveway shall be maintained, including removal of snow and ice in the winter and re- grading and repair as necessary to keep it in safe, good, smooth and usable condition and according to the grade as originally constructed. IS. STORMWATER RUNOFF AND POLLUTANT PREVENTION a.) An annual report shall be submitted to the Northampton Conservation Commission no later than July 15 and shall be written by a qualified engineer or other professional. The report shall indicate that the common driveway is graded as designed and that the swales, checkdams and basins have been cleaned and are in good working order as designed. b.) Fertilizers, sediments and other pollutants contained within stormwater discharges shall be controlled so as to prevent the development of algae blooms or proliferation of aquatic weeds in the downstream ponds and Roaring Brook. c.) There shall be no application of road salt or other de-icing chemicals onto the road, parking areas or driveway because of the importance of the property's wetlands, surface water and groundwater. 19. EXTERIOR LIGHTING No exterior lighting shall be installed so as to interfere with or spill over onto neighboring properties. No lights shall be placed higher than the eaves of the house, 20. SEVERABILITY Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way effect any other provisions, each of which shall remain in full force and effect. 2 1. RIGHT TO ENFORCE The right to file an action arising under these Restrictions shall be held by the Developer and by the owner of any Lot in the Subject Property, the prevailing party shall recover reasonably attorneys' fees and costs incurred in any such action, All other provisions related to collection of assessments as set forth in the By-laws shall also apply, 5 HYK-bL-LC7bb 06 ;Z>U t1M tVHNSikVtKSUN 418DLKDyL34 Doc; 992226451 OR /6114/0298 09/04/200215;48 11. ANIMALS Animals, livestock or poultry may be raised, bred or kept including dogs, cats or other usual household pets, on Lots provided that they arc not kept, bred or maintained for commercial purposes and do not become a nuisance to other Lot owners and occupants, 12. CLOTHESLINES, GARBAGE CANS, ETC. All clotheslines, equipment, trash containers, service yards, woodpiles and storage piles shall be kept screened by adequate planting or fencing so as to conceal them from the view of neighboring residences and streets, except during such necessary periods as when said trash containers are made available for collection. All rubbish, trash and garbage shall be regularly removed from the Lot and shall not be allowed to accumulate thereon, No dead trees or heavy brush of any kind shall be placed or permitted to accumulate upon or adjacent to any Lot which will or tray render the same or any portion thereof unsanitary, unsightly, offensive or otherwise detrimental to any ether Lot. 13. SIGNS No signs shall be erected or maintained on any Lot except: a.) Such signs as may be required by law, b.) A residential identification sign having a total face area not larger than permitted by applicable zoning laws, c.) Professional signs as permitted by the Northampton Zoning By-laws; d) During the time of construction of any building or other improvements, one job identification sign not larger in area than three (3) square feet, e.) A "For Sale" or "For Rent" sign, of reasonable type, size and appearance, but only if attached to the building or free standing, f) informational or directional signs erected or maintained by the Developer, it successors or assigns. 14 ANTENNAS Television or other antenna structures, including: dish antennas, aerials or other electronic receiving devices shall be placed, constructed or maintained on a Lot only if they are less than 8' in height above grade, are located in the rear yard, and are screened with fencing or plantings from the street and neighboring properties. 15. FENCES No fences over b' in height or hedges over 8' in height shall be constructed. 4 -- ., . F1S�L5O7LS4 P. 03 Doc; 99222641 OR 1611410291 09/04/200215,08 b.) building plans including drawings that show the elevations of the proposed construction, c.) a description of exterior materials and colors, and d.) the Let owner's proposed construction schedule. If the Developer fails to approve or deny a proposed structure within forty-five(45)days after receiving the full proposal as described above, the proposal shall be deemed approved. The Developer's right of approval under this paragraph 5 shall expire on January 1, 2006, or at such time as houses have been built on all three parcels, and thereafter said right of approval shall be exercised by the Homeowners Association established hereunder. 6. SIDING No tarpaper, asphalt siding, aluminum siding, log siding, plywood siding, Texture 1-I1 siding, roll brick or similar materials may be used as siding on outside. Vinyl siding may be permitted, but only vinyl with an exposure of 4" or less. 7. ROOFING All roofing shall be 25 year or better asphalt or composite roofing shingles, or cedar, tile, metal or slate rooting shingle. 8. INCOMPLETE DWELLINGS The exterior of any building erected on a Lot and the landscaping; and grading in connection therewith shall be completed within 12 months after commencement. No structure of a temporary character, trailer, shack, tent or garage shall be used on any site at any time as a residence, either temporarily or permanently. 9. BOATS AUTOMOBILES, "TRAILERS, CAMPERS, AND COMMERCIAL VEHICLES Parking of mobile homes, recreational vehicles over twenty(20) feet in length, trailers, Class II trucks, heavy construction equipment unlicensed or derelict vehicles or any other similar property, on a Lot or common driveway shall be prohibited, unless parked or stored inside a garage. 10. LOCATION OF UTILITES The furnishing of all utility services to each Lot shall be by means of underground installation. No underground storage of petroleum, oil or other substances harmful to the environment shall be permitted, Underground propane storage is allowed to the extent permitted by governing laws and ordinances. 3 Hrrc—nom—Lees U6 :5r VM EVRNS&VERSON 4135859234 P. 02 Doc; 991226457 OR /6774/0196 09/44/200115,08 without the prior written approval of the Developer or its successors or assigns, These restrictions do not prevent the construction or utilization of accessory apartments to the extent allowed by applicable law, Property lines between Lots may be re-plotted by said owners provided no additional Lots are created, Such re-plotting will require the written approval of the Developer until January 1, 2006. 2, RESIDEN'T'IAL USE Each Lot shall be used for residential purposes only, No hospital, rest home or educational institution of any kind shall be established and maintained thereon. No so-called clubs or social organizations shall occupy any Lot. in no event shall any Lot be used for any purpose that may be or may become an annoyance or nuisance to the other Lots. No more than two (2) tag sales per year of the possessions of a Lot owner or tenant thereof shall be permitted. No residential structure other than one single-family dwelling shall be erected or placed on any Lot. Attached or detached garages for not more than three cars, together with accessory non- residential structures such as greenhouses, tool sheds, pools and fencing shall be permitted, but only if and so long as they are used in connection with a dwelling house. 3. RESIDENCE SIZE AND STYLE One-story dwellings shall contain not less than 1,500 square feet of gross living area, Two-story dwellings shall contain not less than 950 square feet of said living area on the first floor and not less than 1,700 square feet of total living area, Living area is defined as"year round, heated living space located above grade" excluding porches, breezeway and garage, 4. LOCATION OF STRUCTURES ON A LOT No residence or garage, or any part thereof, shall be erected or placed nearer than 50' to any street line, nor 25' to any side line, nor 40' to any rear line of any building Lot. 5. BUILDING APPROVAL No building or other structure shall be commenced or erected, nor shall any addition be made, until plans and specifications, showing, the nature, kind, shape, height, materials, floor plans, exterior color scheme, and the grading plan of the lot to be built upon, have been submitted to and approved in writing by the Developer in recordable form. The Developer shall have the right to refuse to approve any such plans, specifications or grading plans that are not suitable or desirable, in its opinion, for aesthetic or other reasons. In so passing upon such plans, specifications and grading plans, the Developer shall take into consideration the suitability of the proposed structure and materials to be the site, including harmony with the surroundings and effects on the outlook from neighboring properties. Said submission of plans shall include: a.) a plot plan of the Lot showing the location of the proposed construction, 2 APR-02-2003 03 :56 PM EVANS&VERSON 4135859234 P. 01 Doc; 992116457 OR /6114/0195 09/04/100216;08 DECLARATION OF RESTRICTIONS AND COVENANTS FOR SWEET MEADOW PROPERTIES, LLC THIS DECLARATION, made as of August 28 _, 2002, by Sweet Meadow Properties, LLC, a Massachusetts Limited Liability Company with its principal office located at 48 Bates Street, Northampton, Hampshire County, Massachusetts 01060(the"Developer"), which expression shall include its successors and assigns, owner of the Subject Property herein defined, WHEREAS: A. The Developer is desirous of creating an attractive residential community, encouraging harmonious and pleasing homes, assuring a high quality of community appearance and providing and ensuring the preservation of the values created in said community; and B. The Developer is desirous of encumbering the Subject Property with certain covenants, agreements, restrictions, conditions and changes, as hereinafter set forth, and NOW, THERFORE, the Developer declares that the Subject Property described in Article is and shall be held, transferred, sold, conveyed, and occupied subject to the following restrictions, which shall bind each and every Lot described in Article I and which shall run with and benefit the land. ARTICLE I ABJECT PROPERTY The Subject Property consists of three lots on North Farms Road, Northampton, Hampshire County, Massachusetts, shown as Parcel 1, Parcel 2, and Parcel 3 on a plan of land entitled, "Plan of Land in Northampton, Massachusetts Surveyed For Sweet Meadow Properties, LLC," by Heritage Surveys, Inc., dated May 20, 2002, and recorded in Hampshire County Registry of Deeds, Plan Book 193, Page 7. ARTICLE 11 RESTRICTIONS 1, SUBDIVISION No Lot or combination of Lots shall be subdivided or modified in any way for the purpose of increasing the total number of Lots upon which single-family residential structures may be constructed. No conveyance of less than all of any Lot or of any easement or license shall occur WRIGHT BUILDERS, INC. ILIEVV p OF 4 o n K @WD44QL 48 Bates Street NORTHAMPTON, MA 01060 —(1 V r D -.7 JOB NO (413) 586-8287 t) 1D bt, N"" i { FAX (4^13) 587-9276 ATTENTION , ATTENTION TO I Val RE: 'Vt�1� , I - lb� { ,f , �f WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION t l t2e.b7 S• -� f G yl ;, - o o o3 glol &P11coboyl a e THESE ARE TRANSMITTED as checked below: *For approval ❑ Approved as submitted ❑ Resubmit copies for approval 't�-For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and ❑ DUE ❑ INTS RE T N TO US REMAR /- p N (J ' 1 Vb I -- 6 Ar Z , A- M S DA/ 2/1. /03 L, l�F 61� E QlJ I r D Jv S COPY TO SIGNED:`._r `.c< If enclosures are not as noted,kindly notify us at once.