16A-020 Fairway Village Dedication of Land 1985DEDICATION OF LAND OF FAIRWAY VILLAGE, INC.
NORTHAMPTON (LEEDS), MASSACHUSETTS
KNOW ALL MEN BY THESE PRESENTS, that FAIRWAY VILLAGE,
INC. the owner in fee simple absolute of the real estate on
the southerly side of Main Street in Leeds, Hampshire
County, Massachusetts, utilized as a 9 hole golf course
sometimes known as the Northampton Country Club hereby make
the following dedication of said land pursuant to the
conditions of the Special Permit for the Planned Unit
Development granted by the Planning Board of the City of
Northampton.
Said dedication to be consistent with the requirements
of Section 11.5, Subsections 7 and 8 to open space
recreational use such as totlot, park, playground, play
field, golf course or conservation area.
In the event that Fairway Village, Inc., or _a subsequent
owner of the Golf Unit as described in the Master Deed of
Fairway Village Condominium (hereinafter the "Owner "), recorded
simultaneously herewith as document No. In the Hamp-
shire County Registry of Deeds fails to maintain the common
open space in reasonable order and condition in accordance with
the provisions of said Section 11.5 of the Zoning Ordinance
of the City of Northampton, then the City of Northampton may
serve notice in writing upon such Owner setting forth the manner
in which the Owner has failed to maintain the common open space
in reasonable condition, and such notice shall contain a demand
that such deficiencies of maintenance be cured within 30 days
thereof, and shall state the date and place of a public hearing
thereon which shall be held within 20 days of the notice. At
such hearing, the City may modify the terms of the original
notice as to the deficiencies and may grant an extension of
time within which they shall be cured. If the deficiences set
forth in the original notice or in the modificaiton thereof
shall not be cured within said 30 days or any extension thereof,
the City in order to preserve the taxable values of the prop-
erties that comprise the common open space and to preserve
the common open space from becoming a public nuisance, may
enter upon said common open space and maintain the same for
one year. Said entry and maintenance shall not vest in the
public any right to use the common open space except when the
same is voluntarily dedicated to the public by the
Before the expiration of said one year period the City shall,
_ upo its initiative or upon the request of the aforesai�er
theretofore responsible for the maintenance of the common open
space, call a public hearing upon notice to r thee�Owne�r to be
held by the City Council, at which hearing the Owner may show
cause why such maintenance by the City shall not, at the
election of the council, continue for a succeeding one year
period. If the Council shall determine that trP nwnPr is
ready and able to maintain the common open space in reasonable
condition, the City shall cease to maintain the common open
space at the end of said one year period. If the Council
shall determine that the Owner is not ready and able to main-
tain the common open space in reasonable condition, the City
may, in its discretion, continue to maintain the common open
space during the next succeeding year, and subject to similar
hearing and determination in each year hereafter.
Any such maintenance of the common open space by the
City of Northampton shall be assessed against the Ow ez and
shall become a lien against said Gol and such charge
shall be paid by the Owner within 30 days after receipt of
a statement therefore.
IN WITNESS WHEREOF, the said FAIRWAY VILLAGE, INC. has
caused its corporate seal to be affixed hereto and these
presence to be signed, acknowledged and delivered in its
name and behalf by Richard C. Caparso, its President and
Treasurer, hereto duly authorized this day of
1985.
Witness: FAIRWAY VILLAGE, INC.
By
Richard C. Caparso, President
and Treasurer
COMMONWEALTH OF MASSACHUSETTS
ss.
1985
Then personally appeared the above -name Richard C.
Caparso who being by me duly sworn, did say that he is the
President of Fairway Village, Inc. and acknowledged the
foregoing instrument to be the free act and deed of said
Fairway Village, Inc., before me.
Notary Public
My Commission Expires:
04DedicationFairway
-- x
CONDITIONS FOR THE APPROb�TL OF
THE FAIRWAY VILLAGE P.U.D. SPECIAL PERMIT
a o
1. The applicant shall submit detailed engineering plans, prepared
by a Registered Professional Engineer and Registered Land
Surveyor with his seal affixed, showing access and interior
roadways, water system, sanitary sewer system, storm sewer
system, and all other utility systems and their appurtenances,
as well as a detailed planting and landscaping plan, including
the restoration of construction areas, to the Northampton Plan-
ning Board for their review, approval and endorsement prior to
the commencement of any work. Additional copies of such plans
shall be made available by the applicant to the Planning Board,
upon request, for dissemination to any other boards, commissions
or agencies that the Board feels are appropriate. Failure of the
Planning Board to respond to the applicant, in writing, as to
whether or not such plans meet their approval., within sixty days
of receipt of such plans by said Board shall be deemed to have
such approval granted. Failure of appropriate boards, commis-
sions or agencies, who have had plans submitted to them, to make
recommendations to the Planning Board within thirty days of re-
ceipt by such body shall be deemed lack of opposition thereto.
2. The following items shall be reviewed by the Northampton Fire
Chief and Board of Public '"'orks prior to the approval of the
detailed engineering plans:
o the water supply system shall be looped (not a dead end)
in order to maintain an adequate flow and pressure;
o all turning radii and road widths shall be adequate for
the safe access of emergency vehicles.
3. The following items shall be reviewed by the Northampton Fire
Chief prior to the approval & the detailed engineering plans:
o the number, type, fittings, height and placement of
fire hydrants;
o the number, type, height and placement of fire alarm
boxes. •
4. The water mains and sanitary sewers shall be dedicated to, and main-
tained by the City, but the access and interior roadways serving the
Planned Unit Development, and shown on the above referenced plans,
are not City ways. The maintenance, operation and repair, including
snowplowing and snow /ice removal (performed to the satisfaction of
the Fire Chief), and storm sewers shown on such plan shall be the
responsibility and liability of the landowner(s) and /or any homeowner.
association which may be established. If application is ever made
for the access and interior roadways to become City ways, they shall
be made to conform to the standards and specifications for City ways,
as determined by the City Engineer, at the expense of the applicant,
its successors or assigns.
• Scanned
Digitized
Checked
y
r • v •
F 5. In the event that the road system is not completed in its entirety
prior to the beginning
of construction of any group or groups of
units, a temporary turnaround shall be provided which shall meet
the approval of the Planning Board.
6. Parking shall be prohibited on all access and interior roadways,
except for parking areas designated on the approved plans.
7. A Performance Guarantee in the form of a covenant, wexecutedland,
duly recorded by the owner of record, and running struc-
whereby such ways and services shall be provided to serve any
ture before such structure may b
thateaemortgagee who acquires ° they
pro
than by mortgaged deed;
title to the mortgaged premises by foreclosure or otherwiseselld
any succeeding owner of such premises or part thereof, may
any such structure, subject to that portion of the covenant which sub
provides that no structure sh we occupied, le r o serve
a
conveyed until such services Y herein shall be
such structure; and provided further, that nothing
deemed to prohibit a conveyance by a single deed, subject to such
covenant, of either the entire parcel of land ousl]ereleasedlby the
Special Permit or of all structures not previously
a iously. Such Per -
Planning Board, shall be recorded by PP
formance Guarantee must be approved as to form, content and manner
fo execution by the Planning'Board prior to the applicant's
of shire County Registry of Deeds. Such
recording it in the Hamp artially released by the
Performance Guarantee shall be fully or p
Planning Board when they deem that such required improvementi
Guarantee have been fully or partially
covered by the Performance
completed.
Upon completion of all work for any phase such Performance Guarantee
as applicable to that phase, shall be released in its entirety.
However, a new Performance Guarantf for t an t amount� equal ten of
a bo deposit or negotiable security the required
percent (10 %;) of the construction osted by thepappligcant for a
utilities and roadways, shall p antee the adequate performance
period of twelve (12) months to guar
of such utilities and roadways.
Should the applicant requ
est a release (either partial or
otherwise) from the conditions of this covena t when the prow rovi-
sions of such covenant have not been fully complied the
Planning Board may require an additional Performance Guarantee,
feels
in the form of a bond, in an amount which the.Plhening Boar ways
h
is adequate to coer date eferred to #8 of this
and services by the provisions
Special Permit. Such bond shall conform to the other p
of this Condition and shall not ess t p ire le an eofhsuch required
months after the deadline date for enforced
improvements as stated in Condition #8. All bo nd s Board for the
an any such deposit may be applied by
benefit of the Cit,
for which any such
reasonable cost to
installation.
P.U.D. Conditions Page .s
of Northampton upon failure of the performance
bond or deposit was given to the extent of the
the City of completing such construction and
8. All required improvements relating to access and interior roadways,
storm drainage, water systems, sanitary sewer systems and all other
utilities and their appurtenances shall be completed within seven
(7) years from the date of final approval of all detailed construc-
tion plans. Any increase or extension in the completion deadline
shall be subject to the approval of the Planning Board, and the
Performance Guarantee shall be increased and /or extended propor-
tionately.
9. All occupancy permits must be signed by the Chairman or designated
representative of the Planning Board to insure compliance with
the conditions of this Special Permit.
10. This Special Permit is issued to the applicant and is transferable.
11. This Special Permit is issued only for such use(s) and densities
as is specified in the Application and plans as submitted on
December 4, 1980.
12. Any deviation from the specifications or provisions of the approved
plans, except as provided for under Condition.No. 14, shall be
subject to the prior approval of the Planning Board.
13. The residential construction under this Special Permit is condi-
tional upon the completion and functional operation of the City's
proposed 24" sanitary sewer line running through the project,
except that as many as two (2) units may be constructed for use
as a model or office or both, and may be temporarily serviced by
on -site waste disposal systems in conformance with appropriate
regulations.
14. All of the provisions of the Conservation Commission's Orders of
Condition with regard to this project shall be considered as a
part of this Special Permit, and a Certificate of Compliance
must be issued upon satisfactory completion of such Orders of
Condition.
z
15. Prior to the occupancy of any unit all landscaping shall be
completed for such unit.
16. All easements required by the Planning Board shall be recorded
by the applicant in the Hampshire County Registry of Deeds.
Prior to such recording the applicant shall submit the appropriate
instruments to the Planning Board and City Solicitor for their
approval as to form and content.
17. A natural screening or planting strip, which meets the approval
of the Planning Bo.3rd, shall be provided and maintained by the
developer and any subsequent homeowners' association along the
F�
western most portion of the southerly property line abutting land
now or formerly of Emerson. Such screening or planting strip shall
not interfere with safe sight distances at the intersection of the
access road and Spring Street, and must be planted within six (6)
months from the beginning of roadway construction.
18. NTo patios or decks shall be constructed, for the thirteen units
situated on the bluff overlooking the Mill River, except as.
approved by the Conservation Commission in its Orders of Condition
and subsequent motion of March 9, 1981, as evidenced in the
Applicant's letter to the Commission, dated March 10, 1981.
19. Members and designated agents of the Planning Board shall have
the right to enter and inspect the premises to evaluate compliance
with these conditions and to require the submittal of any data
which may reasonably be required by and deemed necessary by the
Board for that evaluation.
20. "As built" plans of the water and sewer systems, including pro-
files, certified by the project's Professional Engineer, spec_fying
how the completed work differs from that shown in the original
plans reviewed and approved by the Planning Board, shall be sub-
mitted to and approved by the Planning Board and Board-of Public
Works prior to being put into service.
Upon completion of any and all phases a certificate of compliance
will be submitted to the Planning Board by the project's Profes-
sional Engineer stating that all utilities and roast construction
have been completed in accordance with the approved design stan-
dards of Condition #1 of this Special Permit.
21. The exterior finish on the thirteen units situated on the bluff
overlooking the Mill River shall be of a color to minimize their
visual impact upon Look Park, subject to approval of the Planning
Bo rd.
22. No permits shall be issued for the construction of any units until
the Building Inspector is notified in writing by the Planning
Board that the appropriate provisions of this Special Permit have
been complied with.
23. This Special Permit shall lapse if substantial construction of
the development has not commenced within two years from the,date
of the Planning Board's approval of such Special Permit, except
that the unavailability of the sewer line shall be considered
'good cause' for an extension, under Chapter 40A, Section 9.
"Substantial" in this case mean construction related to road-
ways, water systems, sanitary sewer systems, storm drainage systems,
or housing units. The Planning Board in the exercise of its rea-
sonable judgment shall determine if performance by the Developer
in any one area or combination of areas satisfies requirements
for "substantial construction."
W
• Ir
i
I
h
24. This Special Permit is conditional upon the Planned Unit Develop-
ment conforming with the provisions of Section 11.5(8) of the
City of Northampton Zoning Ordinance and with the provisions of
Chanter 183A, M.G.L.
y 9�
Date Donald Robinson, Chairman
l l l�