17D-081 Garfield Avenue covenantsBk: 10222 Pg: 286
Ma
Bk: 10222Pg: 286 Page: 1 of 13
Recorded: 0813012010 02.01 PM
Affected Premises:
Lot "1 ", "Lot 2," "Lot 3," "Lot 4," Lot 5," "Lot 6,"
Lot _-U.
As shown on Plan Book 222, Page 10
Garfield Avenue,
Florence, (Northampton) MA
DECLARATION OF RESTRICTIONS, EASEMENTS AND COVENANTS
Gar eld Avenue Extension Homeowners Association
Florence Ma 01062
THIS DECLARATION, made as of this ' ! � day of June, 2010, by PIONEER
VALLEY HABITAT FOR HUMANITY, INC., a Massachusetts non- profit
corporation with an address at PO Box 60642, Florence Community Center, 140 Pine
Street, Florence, MA 01062, its successors and assigns (hereinafter called the
"Developer "), and the CITY OF NORTHAMPTON, a municipal corporation duly
organized under the laws of the Commonwealth of Massachusetts with its principal
offices at City Hall, 210 Main Street, Northampton, Massachusetts 01060, its successors
and assigns (hereinafter called the "City ").
WHEREAS
A. The Developer owns certain building lots off of Garfield Avenue
defined hereinafter as the "Habitat Lots" as well as a parcel defined
hereinafter as the "Garfield Avenue Extension ";
B. The City owns a certain Building Lot off of Garfield Avenue defined
hereinafter as the "City Lot ";
C. The Developer and the City are 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
D. The Developer and the City are desirous of encumbering the Subject
Property, as defined hereinafter, with certain covenants, agreements,
easements, restrictions and conditions, as hereinafter set forth.
NOW, THERFORE, the Developer and the City declare that the Subject Property
described in Article I is and shall be held, transferred, sold, conveyed, and occupied
subject to the following covenants, agreements, easements, restrictions and conditions,
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which shall bind each and every lot described in Article I and which shall run with and
benefit the land.
ARTICLE I
SUBJECT PROPERTY
The Subject Property, as defined herein, consists of the following lots situated off
Garfield Avenue, Florence, Hampshire County, iviassachusetts:
1. The Habitat Lots: "Lot 2," "Lot 3," "Lot 4," Lot 5," and "Lot 6" (collectively, the
"Habitat Lots "), shown on a plan ( "Plan") entitled "Approval Not Required `Garfield
Avenue Extension' Northampton, Massachusetts" prepared for Pioneer Valley Habitat for
Humanity, Inc., by Berkshire Design Group, Inc., dated January 16, 2009, revised
November 2, 2009, and recorded in the Hampshire County Registry of Deeds Plan Book
222, Page 10 ("Land "). See also the easement plan entitled "Garfield Avenue Extension
Easement Plan" prepared for Pioneer Valley Habitat for Humanity, Inc., by Berkshire
Design Group, Inc., dated July 27, 2009, revised November 2, 2009, and recorded in the
Hampshire County Registry of Deeds Plan Book 222, Page 11 ("Easement Plan").
Being a portion of the premises conveyed to Seller by deed of the City of Northampton
recorded in Book 10067, Page 326, of the Hampshire County Registry of Deeds;
2. Garfield Avenue Extension: "Lot G" as shown on the Plan (the "Garfield Avenue
Extension ");
3. City ty Lot: "Lot 1" as shown on the Plan (the "City Lot ").
The Habitat Lots and the City Lot are sometimes hereinafter referred to collectively as
the `Residential Lots," The Habitat Lots, the City Lot and the Garfield Avenue
Extension are sometimes hereinafter referred to collectively as the "Lots."
ARTICLE II
RESTRICTIONS
1. SUBDIVISON
None of the 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 without the prior written approval of the Developer or its successors or
assigns, except for underground utilities from the roadway to the buildings on the
Residential Lots.
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2. RESIDENTIAL USE
The Residential Lots shall be used for residential purposes only. No hospital, rest
home or educational institution of any kind shall be established and maintained on any of
the Lots. No so- called clubs or social organizations shall occupy any of the Lots. In no
event shall any of the Lots 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
poste °vsoionu of a ReSSde.i A LVt owner or -ant +u ereiif shall be peiiui pled.
No residential structure other than one single - family dwelling shall be erected
or placed on any of the Residential Lots. 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. These restrictions do not prevent (a) the construction
or utilization of accessory apartments, or (b) home occupations and home offices, to the
extent allowed by applicable law. No structure whatsoever may be erected on the
Garfield Avenue Extension, other than roadway and utility structures installed consistent
with permits from the City.
3. LOCATION OF STRUCTURES ON A LOT
No residence or garage, or any part thereof, shall be erected or placed nearer
than allowed by city zoning and as restricted by any easements in place on the Subject
Property.
4. 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
(for Lots 2, 3, 4, 5, and 6) or the City (for Lot 1) in recordable form. The Developer or
the City 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 or the City 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:
q.
b. building plans, including drawings which show the elevations of the proposed
construction;
c. a description of exterior materials and colors; and
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d. the lot owner's proposed construction schedule.
If the Developer or City 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 4 shall expire at such time as houses have been built on all of
tun u �i4 f T r.4o anr� 1'},c� iii tlr� right shall expire such as a house ha.
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been built on Lot 1, and thereafter said right of approval shall be exercised by
the Homeowner's Association established hereunder.
5. PROHIBITED DWELLINGS
No trailer, shack, tent, garage, or structure of a temporary character, shall be used
on any site at any time as a residence, either temporarily or permanently.
6. BOATS, AUTOMOBILES, TRAILERS, CAMPERS, AND COMMERCIAL
VEHICHLES
Parking of mobile homes, recreational vehicles over 20 feet in length,
trailers, Class H trucks, heavy construction equipment, unlicensed or derelict vehicles or
any other similar property, on a Lot shall or common driveway shall be prohibited, unless
parked or stored inside a garage.
7. 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.
8. ANIMALS
To the extent allowed by city ordinance, animals, livestock or poultry may be
raised, bred or kept including dogs, cats or other usual household pets on Lots provided
that they are not kept, bred or maintained for commercial purposes and do not become a
nuisance to other lot owners and occupants.
9. 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
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permitted to accumulate upon or adjacent to any lot which will or may render the same or
any portion thereof unsanitary, unsightly, offensive or otherwise detrimental to any other
lot.
10. 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, its
successors or assigns.
11. 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 under S' in height above grade, (located in the rear yard, )and are screened with
fencing or plantings from the street and neighboring properties.
12. FENCES
No fences over b' in height in height shall be constructed. Screening plants may
be allowed to grow to a reasonable height. No plantings shall be planted or allowed to
mature in such a way as to further obscure the solar aperture beyond what is existing at
time of construction.
13. EARTH REMOVAL
No loam, sand, gravel or other solid material, except that resulting from
customary landscaping or from construction permitted and approved hereunder, shall be
removed from a Lot.
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14. MAINTENANCE OF COMMON ROADWAY
The Garfield Avenue Extension shall be maintained, including removal of snow
and ice in the winter and regrading and repaired as necessary to keep it in safe, good,
smooth and usable condition and according to the grade as originally constructed, until
such time as said Garfield Avenue Extension may be taken as a public way by the City of
Northampton. In no event shall the Garfield Avenue Extension be used or improved for
any purpose other to provide pedes are and vehicular access the Residential hots.
The cost of roadway maintenance of the Garfield Avenue Extension as described
in the prior paragraph shall be paid for by the Garfield Avenue Extension Homeowners
Association, which cost shall be shared by the members of said Association as follows:
20% each for the owners of the five (5) Habitat Lots until such time as the City Lot is
conveyed by the City to a third party purchaser, whereupon, the cost of driveway
maintenance shall be shared as follows: 16.66% each for the owners of the six (6)
Residential Lots.
Extent of common area maintenance shall in all cases be governed first by the
zoning, bylaws and permitting documents in place regarding the property
15. MAINTENANCE OF SEWER LINE
The sewer line located in the area shown as the "Proposed 20' Wide Sewer
Easement S1" on the Easement Plan (the "Sewer Line ") shall be maintained, repaired
and/or replaced as necessary to keep it in safe, good, and usable condition.
The cost of the Sewer Line maintenance as described in the prior paragraph shall
be paid for by the Garfield Avenue Extension Homeowners Association, which cost shall
be shared by the members of said Association as follows: 20% each for the owners of the
five (5) Habitat Lots until such time as the City Lot is conveyed by the City to a third
party purchaser, whereupon, the cost of the Sewer Line maintenance shall be shared as
follows: 16.66% each for the owners of the six (6) Residential Lots.
16. STORMWATER RUNOFF AND POLLUTANT PREVENTION
A. All requirements of the Stormwater Management Operation, Maintenance and
Inspection Agreement by and between the Developer and the City affecting the Subject
Property recorded simultaneously herewith shall be complied with by the Garfield
Avenue Extension Homeowners Association. The costs of such compliance shall be
shared as follows: 20% each for the owners of the Five (5) Habitat Lots until such time as
the City Lot is conveyed by the City to a third party purchaser, whereupon, the cost of
such compliance shall be shared as follows: 16.66% each for the owners of the six (6)
Residential Lots.
B. An annual report shall be submitted to the Northampton Conservation
Commission as required by the permits issued for the project. The report shall indicate
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that the Garfield Avenue Extension is graded as designed and that the swales, checkdams
and basins, if required, have been cleaned and are in good working order as designed.
17. SEVER.ABILITY
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.
18. RIGHT TO ENFORCE
The right to file an action arising under these Restrictions shall be held by the
Developer, the City, and by the owner of any lot in the Subject Property. The prevailing
party shall recover reasonable 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.
19. COMPREHENSIVE PERMIT COMPLIANCE
All pertinent conditions of the Comprehensive Permit issued by the City of
Northampton Zoning Board of Appeals, dated April 1, 2004, and recorded in Book 7858,
Page 50, of the Hampshire County Registry of Deeds, as amended by instrument
recorded in Book 9666, Page 330 of said Registry shall be complied with at all times
ARTICLE III
EASEMENTS
1. ACCESS EASEMENT OVER GARFIELD AVENUE EXTENSION
Every member of the Association shall have a right of way to pass over, and an
easement of use and enjoyment, in common with all other members and with the general
public, in and to Garfield Avenue Extension, which the Developer expects the City of
Northampton to take as a public way, and such easement shall be appurtenant to and pass
with the record title to every Lot. The City can make no commitment to accept the street,
however, unless and until City Council so approves.
2. EASEMENT FOR USE AND MAINTENANCE OF SEWER LINE
Every member of the Association shall have a right and easement of use and
enjoyment, in common with all other members, in and to the Sewer Line, and the
Association shall have an easement and right of access over the Subject Property as
necessary for the purpose of maintaining and repairing and/or replacing the Sewer Line to
keep it in safe, good, and usable condition.
3, RECIPROCAL ACCESS EASEMENTS FOR LOT 5 AND LOT 6
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The owner of Lot 5 shall have an easement over the area depicted on the
Easement Plan as "Proposed 7'x10' Wide `Lot 6 Rear Access Easement' to benefit Lot
5 ", for the purpose of having and maintaining an overhanging eave and for having access
to the rear of the house on lot 5 to maintain the exterior wall of said house, and the owner
of Lot 6 shall have an easement over the area depicted as "Proposed 7'x15' Wide `Lot 5
Front Access Easement' to benefit Lot 6 ", for the purpose of having and maintaining an
overhanging eave and for access to the rear of the house on Lot 6 to maintain the exterior
wail of said mouse.
4. PARTY WALL AGREEMENT FOR LOT 5 AND LOT 6
The houses of Lot 5 and Lot 6 share a common party wall, and as such the owners
of Lot 5 and Lot 6 shall each have a right of access to the interior of each others house
upon reasonable prior notice for the purpose of inspecting and repairing the structure of
the party wall in the event there is evidence of damage to said wall structure. The cost of
any such repairs shall be shared equally by the owners of Lot 5 and Lot 6. Each owner
will be responsible for the cost of any non structural cosmetic repairs to the interior wall
in his/her house.
5. ACCESS EASEMENT FOR LOTS 5 AND 6
The owner of Lot 5 shall have a right of way and easement for vehicular and foot
traffic over the area depicted on the Easement Plan as "Proposed 15' Wide Access
Easement Al" (hereinafter, "Easement Area Al ") to benefit Lot 5 for the purpose of
having access to the driveway and parking area on Lot 5. The owner of Lot 6 shall have
a right of way and easement for vehicular and foot traffic over Easement Area Al to
benefit Lot 6 for the purpose of having access to the driveway and parking area on Lot 6.
The cost of maintenance of Easement Area Al, including removal of snow and ice in the
winter and regrading and repairing as necessary to keep Easement Al Area in safe, good,
smooth and usable condition shall be shared equally by the owners of Lot 5 and Lot 6.
ARTICLE IV
HOMEOWNER'S ASSOCIATION
1. NAME
There shall be and there hereby is created a homeowner's association to be known
as the Garfield Avenue Extension Homewners Association (herein referred to as the
"Association ").
2. MEMBERSHIP
Every person or entity who or which is the record owner of a Parcel 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.
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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 THE ASSOCIATION
The Association shall be responsible for the maintenance of the Sewer Line,
Garfield Avenue Extension, and the stormwater system, all as set forth in paragraph 17 of
Article II above, and such additional work as the members of the Association decide by
majority vote to accomplish.
ASSESSMENTS
The owners of each of the five (5) Habitat Lots, including the Developer for each
of the Habitat Lots owned by it, hereby covenant and agree to pay to the Association 115
of the annual assessment each, except for the Garfield Avenue Extension, Sewer Line
and stormwater system maintenance allocations noted elsewhere herein, and special
assessments in the same percentages as determined by the Association to be necessary to
accomplish the work stated in section 4 of this article. Upon and after the sale of the City
Lot to a third party purchaser, the owners of each of the six (6) Residential Lots,
including the Developer for each of the Habitat Lots owned by it, hereby covenant and
agree to pay to the Association 116 of the annual assessment each, except for the Garfield
Avenue Extension, Sewer Line and stormwater system maintenance allocations noted
elsewhere herein, and special assessments in the same percentages as determined by the
Association to be necessary to accomplish the work stated in section 4 of this article. Said
assessments shall commence on November 1, 2010, 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 any assessments payable hereunder 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 hereinafter 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 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 twelve percent
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aE/ol 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 attorney's fees to be
fixed by the court together with the costs of the action.
7. FOgEECLOSUREE 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 statues 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 attorney's 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 (213) 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 Garfield Avenue Extension, the Sewer
Line, or the Easement Area Al, 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.
Witness
10
Pioneer Malley Habitat for
Humanity, Inc.
B
A .0
I< -f& or Oe /Ak, PAe/ "Acel—
City of Northampton
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COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss.
On this Z day
notary public, personally appe
satisfactory evidence of identifica ' n,
person whose name is signed on the pre
to me that she signed it voluntarily for it s
Northampton, Massachusetts.
'2010
2010, before me, the undersigned
proved to me through
which was personal knowledge, to be the
ding or attached document, and acknowledged
sted purpose as Mayor of the City of
Wayne M. Feiden, otary Public
My commission expires,
THE COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss. TWh< Z , 2010
On this !14A-C-: 1_1, 2010, before me, the undersigned notary public, personally
appeared Pqq ki-f,( bet proved to me through satisfactory evidence of
identification, which was a drivers license, to be the person whose name is signed on the
preceding or attached document, and acknowledged to me that she signed it voluntarily
for its stated purpose as r of Pioneer Valley Habitat for Humanity, Inc.
pNeJr
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Notary Public: Dayid C. Bloomberg
My Commission Expires: July 9, 2015
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{l2 °Jo ) 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 attorney's 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 statues 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 attomey's 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 (213) 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 Garfield Avenue Extension, the Sewer
Line, or the Easement Area Al, 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.
Witness
10
Pioneer Valley Habitat for
Humanity, Inc.
City of Northampton
n
By:
Dave . Narkewicz
Acting Mayor
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COMMONWEALTH OF MASSACHUSETTS
Essex, ss.
2010
On this 2 I day of , I h ..e 2010, before me, the undersigned
notary public, personally appeared David J. Narkewicz, proved to me through
satisfactory evidence of identification, which was personal knowledge, to be the person
whose name is signed on the preceding or attached document(hnd acknowledged to me
that he signed it voluntarily for its stated purpose as Acting jyor of the City of
Northampton, Massachusetts.
, Notary Public
My commission expires
DAVID S. ROME
NOTARY PUBUC
'COMMONWEALTH OF MASSACNUSETT5
_wwav MY COMMISSION EXPIRES OCT 8, 2015
11
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