36-068 (4) COMMONWEALTH OF MASSACHUSETTS
HAMPSHIRE, SS. July.;! , 2003
Then personally appeared Mark N. Kislyuk, sole member of Northampton Oaks
LLC and acknowledged the foregoing instrument to be his free act and deed and the free
act and deed of Northampton Oaks LLC,before me,
Edward D. Etheredge 1
Notary Public otary Public '
My Commission Expires My Commission Expires:
2
FORM 1
COVENANT
NORTHAMPTON SUBDIVISION REGULATIONS
The undersigned Northampton Oaks LLC of 72 Mountain View Drive,
Belchertown, MA 01007, hereinafter called the "Covenantor", having submitted to the
Northampton Planning Board the Definitive Plan bf a subdivision, known as The Oaks,
dated February 4, 2003 revised June 23, 2003 does hereby covenant to and agree with
said Planning Board and the successors in office of said Board, pursuant to the Mass.
General Laws, Chapter 41, Section 81U, as amended, that:
1. The Covenantor is the owner of record of the premises shown on said plan;
2. This covenant shall run with the land described in Exhibit"A" attached hereto
and be binding upon the executors, administrators, heirs, assigns of the
covenantor, and their successors in title to the premises shown on said plan.
3. The construction of ways and the installation of municipal services shall be
provided to serve any lot in accordance with the applicable Rules and
Regulations of said Planning Board before such lot may be built upon or
conveyed, other than by mortgage deed; provided that 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 any such,
lot, subject only to that portion of this Covenant which provides that no lot so`
sold shall be built upon until such ways and services have been provided to
serve such lot.
4. Nothing herein shall be deemed to prohibit a conveyance subject to this
covenant by a single deed of the entire parcel of land shown on the
subdivision plan or of all lots not previously released by the Planning Board
without first providing such ways and services;
5. This covenant shall take effect upon recording of the approved Definitive
Subdivision Plan.
Executed as a sealed instrument this 24th day of July, 2003.
WITNESS: NORTHAMPT N PAKS LLC
ry By:
its member, duly authori d
1
i----------------------------------------------i
Official Receipt for Recording in:
Hampshire County Registry of Deeds
33 King St.
Northampton, Massachusetts 01060
Issued To:
ETHEREOGE 8 STEUER
Recording Fees
i----------------------------------------------s
Document
Recording
a ' �; s?Pp1x� 7qF°f`thtr'ft'�nix��iK;t u r{
, ��ii �rr Description Number Book/Page Amount
�,`�'�` "" ',j 'h�s ,, r 43
t � ':i '�'hYtr0.1 ,a'� ' ��'' ( ,r Ct �t vL��1 °�.\ ip•''r xd ar
T •v"'77 r x � x �' DEED 00031654 7344 37 $125.00
. r NORTHAMPTON OAKS LLC
' EXCISE $1,140.00
DEED 00031655 7344 40 $125.00
NORTHAMPTON OAKS LLC
EXCISE $1,003.20
A 00031656 7344 42 $75.00
NANCZYK
A 00031657 7344 43 $75.00
NANCZYK
MTG 00031658 7344 44 :175.00
- NORTHAMPTON OAKS LLC
MTG 00031659 7344 60 $175.00
BELCHERTONN OFFICE PARK I
MTG 00031660 7344 75 $175.00
NORTHAMPTON OAKS LLC
SAGM 000316617344 78 175.00
MUSANTE
NIG 00031662 7344 62 $175.00
NORTHAMPTON OAK LLC
RESTR 00031663 7344 97 $75.00
NORTHAMPTON OAKS LLC
COVE- 00031664 7344 123 $75,00
H fi. NORTHAMPTON OAKS LLC
$3,468.20
,ra,�:` a '�, -{ :�} ..itii`r �•tty�i °� rat i1 �++ t S '
Collected Amounts
Payment
y ` "` t 'Yi' a •• Type Amount
r
s----------------------------------------------s
Check 3392 $1,003.20
Check 3387 $1,140.00
Check 3399 $1,325.00
$3,468.20
Total Received $3,468.20
Less Total Recordings: $3,468,20
Change Due $,00
Thank You
MARIANNE DONOHUE - Register of Deeds
By: Marilyn H
Receipti Date Time
0041074 07/25/2003 03:09p
S. 17°48' 12" W. a distance of 198.62 feet to an iron pipe at Massachusetts Coordinate
System 2,941,050.78,East 336,978,35, thence;
N. 800 19' 00"E. a distance of 90.07 feet to a point, thence;
N. 830 34' 08"E. a distance of 259.73 feet to an iron pipe, thence;
N. 77°22' 52"E. a distance of 296.27 feet to an iron pipe, thence;
N. 770 28' 21"E. a distance of 123.65 feet to a concrete bound, to be set, thence;
F
N. 16°39' 11" W. a distance of 89.09 feet along a radius of 220.00 feet to a concrete bound,
to be set,thence;
N. 280 15' 15"W. a distance of 70.00 feet to a concrete bound,to be set,thence;
N. 89°59' 33"W. a distance of 47.12 feet along a radius of 30.00 feet to a concrete bound,to
be set,in the easterly line of Burts Pit Road,thence;
N. 610 44' 45"E. a distance of 164.35 feet along the southerly line of Burts Pit Road to the
place of beginning.
Containing 53,567 acres, more or less.
SUBJECT TO a utility easement to shown in Plan Book 170, 37 and identified in the deeds
recorded in Book 3701,Page 293,Book 4129,Page 259,Book 4132,Page 2,and Book 4132,
Page 19.
SUBJECT TO an Order of Conditions from the Northampton Conservation Commission dated
March 13, 2003 and recorded in the Hampshire County Registry of Deeds in 7148,Page 208.
SUBJECT TO the terms of a Special Permit Site Plan Review Major Project Decision of the
Northampton Planning Board dated June 10, 2003 and recorded in Book 7327,Page 217.
BEING all of the land shown on the aforesaid Definitive Subdivision Plan and contained in the
deed from David B. Musante, Jr.,to Northampton Oaks LLC dated July 10 2003 and
recorded in the Hampshire County Registry of Deeds in Book 1.3ff Page 37 and
the deed from Lisa A Beaulieu and Pamelk M.-LaBrecque date July 2003 and recorded
in Book 73ggq ,Page go
oaks.exh.doc 2
EXHIBIT "A"
Property Address:
600 Burts Pit Road
Northampton, Florence, Massachusetts 01062
Map 36,Lots 68,296 and 288
The land on Burts Pit Road, Florence,Northampton, Hampshire County, Massachusetts, shown
on the"Definitive Subdivision Plan, The Oaks,Northampton, Massachusetts,Prepared for
Creative Developers, Inc., by Heritage Surveys, Inc., dated February 4, 2003,Revised June 23,
2003 and approved by the Northampton Planning Board on July 10, 2003 and recorded in the
Hampshire County Registry of Deeds in Plan Book 196,Page 106.
Beginning at a concrete bound,to be set, at Massachusetts Coordinate System,North
2,941,423.02,East 337,780.70 in the Southerly line of Burts Pit Road,thence;
S. 030 31' 10"E. a distance of 223.68 feet to a concrete bound,to be set,thence;
S. 01 0 42' 04"E. a distance of 83.59 feet to a concrete bound,to be set,thence;
S. 010 42' 04"E. a distance of 1358.83 feet to an iron pipe,thence;
S. 050 11' 15"E. a distance of 459.48 feet to an iron pipe,thence;
S. 810 38' 01"W. a distance of 1375.10 feet to an iron pipe, thence;
N. 11031' 23"W. a distance of 99.03 feet to an iron pipe,to be set,thence;
N. 07016' 38"W. a distance of 309.02 feet to an iron pipe, thence;
N. 749' 12' 32"E. a distance of 252.59 feet to an iron pipe, to be set,thence;
N. 04°50' 15"W. a distance of 1,128.00 feet to an iron pipe,to be set,thence;
.N. 050 50' 29"W. a distance of 204.43 feet to an iron pipe, thence;
N. 030 30' 31"W. a distance of 314.59 feet to an iron pipe in the southerly line of Burts Pit
Road,thence;
S. 890 11' 34"E. a distance of 321.62 feet along the southerly line of Burts Pit Road to a
point, thence;
S. 700 49' 46"E. a distance of 161.66 feet to a concrete bound,to be set, in the southerly
line of Burts Pit Road,thence;
oaks.exh.doc 1
D. Governing Law. These declarations and restrictions shall be governed by
the laws of the Commonwealth of Massachusetts.
IN WITNESS WHEREOF, the' said Northampton Oaks LLC has caused its
corporate seal to be hereto affixed and these presents to be signed, acknowledge and
delivered in its name and behalf by Mark N. Kislyuk, its sole member and Manager,
hereto duly authorized this 24*day of July, 2003•,
Witness: NORTHAMPTON OAKS LLC
GRAXrOR
• By.
its sole Member and
Witness: NORTHAMPTON OAKS LLC
DECLARANT
e"d
• By:
C
its sole Member and Manager
COMMONWEALTH OF MASSACHUSETTS .
HAMPSHIRE, SS. July 24, 2003
Then personally appeared the above named Mark N. Kislyuk as the sole member
and manager of NORTHAMPTON OAKS LLC and acknowledged the foregoing to be
his free act and deed and the&ee act and deed of NORTF AMPTON OAKS LLC, before
me,
I J�L
Edward D. Etheredge
Notary Public ward D. Eth ge, Notary Public
My Commission Expires My Commission Expires: 4/15/05
4/15/05 t
13
shall be made in violation of the subdivision approval without amendment of the
subdivision plan or conditions.
B. Duration of Restrictions. Subject to the provisions of Paragraph A of
Article IV, Section 1, hereof; the Restrictions shall continue and remain in full force until
April 1, 2033; thereafter the term of the Restrictions may be extended for further periods
of twenty (20) years each in the manner provided in Massachusetts General Laws
Chapter 184 Section 28, as it may be amended from time to time.
z
2. ENFORCEMENT AND NON-WAIVER
A. Riw t of Enforcement. The Restrictions are for the benefit of the Property
and shall run with the land. Except as otherwise provided herein, any Owner of any Lot,
including the Declarant, shall have the right to enforce any or all of the provisions of the
Restriction.
B. Violation of Law. Any violation within the Property of any state law or
City Ordinance, or any regulations pertaining to the ownership, occupation or use of the
Property is hereby declared to be a violation of the Restrictions and subject to any or all
of the enforcement procedure set forth in said Restrictions.
C. Remedies Cumulative. Each remedy provided by the restrictions is
cumulative and not exclusive.
D. Non-Waiver. The failure to enforce any of the provisions of Restrictions
at any time shall not constitute a waiver of the right thereafter to enforce any such
provisions of said restrictions.
3. CONSTRUCTION AND SEVERABR ITY• SINGULAR AND PLURAL;
PLURAL.
A. Restrictions Severable. Each of the provisions of the Restrictions shall be
deemed independent and severable, and the invalidity or partial invalidity of any
provision or portion thereof shall not affect the validity or enforceability of any other
provisions.
B. Singular Includes PW61. ' Unless the context requires a contrary
construction, the singular shall include the plural and the plural the singular, and the
masculine, feminine or neuter shall include the masculine, feminine and neuter.
C. Captions. All captions or titles used in the restrictions are intended solely
for the convenience of reference and shall not affect that which is set forth in any of the
provisions of said restrictions.
12
D. The Declarant shall have the right, in the same manner as the Association
under Article I.E., to enforce compliance with the terms of this approval, even after a
building permit has been issued, for thirty (30) months if no certificate of approval has
been obtained by the Lot Owner or if the construction is not in conformance with the
certificate of approval. No certificate of approval shall be deemed to be approval of
compliance of the plans with the state building code, zoning ordinance, or local health or
fire code requirements.
E. The Declarant's rights under this section for approval of building and site
plans shall automatically be transferred to the Association upon the sale of the last lot
owned by the Declarant. The Association shall thereafter have all of the rights of the
Declarant under this section. All rights and obligations for approval or requirements for a
certificate of approval shall expire on December 31, 2024.
3. APPROVAL CRITERIA.
A. Buildings, structures and exterior materials that are harmonious with the
scenic character of the site and existing structures in the surrounding community.
B. Landscaping that is consistent with the character of the site.
C. Compliance with all zoning requirements.
D. Compliance with the Special Permit conditions.
E. Exterior lighting that does not intrude on adjoining lots.
F. No more than two and one-half stories tall.
G. Building size consistent with lot dimensions and size of neighboring
homes, but no smaller than 1,600 gross square feet, inchuding fully
enclosed garage space, and basement area less than 50%below grade .
ARTICLE VI
MISCELLANEOUS PROVISIONS
1. AMENDMENT AND DURATION.
A Amendment or Repeal. These Restrictions may be amended or repealed at
any time by the written consent of two-thirds (2/3) of the Owners of the Property
(including one vote for each lot owned by the Declarant). Such amendment or repeal
shall not be effective until such time as it has been recorded with the Hampshire Registry
of Deeds. Notwithstanding the foregoing, no such amendment or repeal will be valid, the
intent of which is to enable the Owner(s) to further subdivide their Lots. No amendment
11
account at $8,000.00. The Association shall have ninety (90) days to pay such an
assessment and may assess the Lot Owners for such expenditure. If the Association fails
to pay or reimburse the City for the expenditure within ninety (90) days, the City shall
have standing and the right to file an action against the Association and the Lot Owners
to enforce the assessment, including the right to seek a prejudgment lien or other security
for the enforcement of the assessment.
ARTICLE V
CONSTRUCTION AND:11AYDSCAPE DESIGN
1. DECLAR.ANT'S DESIGN AND CONSTRUCTION.
A. It is the intention of the Declarant to construct all of the buildings in the
subdivision in accord with a common set of plans and designs created by the Declarant.
The Declarant shall not require any approval for buildings, plans or landscaping to be
constructed or designed by the Declarant.
B. All areas between the rear line of the dwelling and the street shall be the
responsibility of the Association for landscaping, mowing and vegetative maintenance'
and silviculture. Nothing contained herein and in Sections 2 and 3 of Article V shall _
impose any obligation on the Declarant for approval of any sort from the Association.
2. APPROVAL BY DECLARANT.
A. Prior to applying for a building permit, each Lot Owner shall submit a
copy of the proposed house and building plans showing the location of structures on the
lot, grade elevations (including front, back and side elevations) and type and color of
exterior materials to the Declarant for review and approval in accord with the terms of
this section and the Preamble of this Declaration.
B. Prior to applying for a building permit from the City of Northampton, each
Lot Owner shall submit a site plan showing exterior materials, plantings, and trees to be
removed to the Declarant for review and approval in accord with the terms of this section
and the Preamble of this Declaration.
C. The Declarant shall have twenty-one (21) days from receipt of the
building plans and site plan to approve, reject or comment on the plans. Upon approval,
the Declarant shall give a notarized certificate to the Lot Owner, referencing the plans
which may be filed by the Lot Owner with the Building Commissioner or Registry of
Deeds. If no certificate of approval is filed with the Registry of Deeds within thirty (30)
months after the issuance of a certificate of occupancy by the City of Northampton
Building Commissioner for the property, the plans shall be deemed to have been
approved without the filing of a certificate.
10
2. MAINTENANCE OBLIGATIONS OF THE ASSOCIATION. The Association
shall file a Storm Water Management Plan with the Northampton Office of Planning and
Development for review and approval. The Association shall be responsible for
compliance with the Storm Water Management Plan, which shall include:
A All maintenance of storm water facilities shall be the responsibility of the
Association.
B. The Association shall cause street.sweeping to be conducted by a qualified
professional in the spring and in the fall.
C. All drainage swales, check dams, outlet structures, and rip rap basins shall
be kept clear of sediments and inspected by a qualified professional in the spring and in
the fall.
D. Maintenance reports with documentation on the condition of all inspections and
receipts of all cleaning and work for all items specified in this permit condition shall be
submitted to the Office of Planning and Development semi-annually, no later than May
I S& and November 15`h of each year. Each report shall indicate the status of each
element of the entire system under the Association's maintenance purview.
3. D TTIAL CAPITAL ACCOUNT.
A. Upon the sale of each lot, the purchaser shall pay an initial fee of$500.00
(for double lots, $1,000.00)to capitalize the Association's account. Of this fee, $125.00
per lot shall be paid to Declarant as part of the$8,000.00 initial capitalization. `
B. After the transfer of the first lot the Declarant shall pay an annual fee to
the Association of fifty percent (50%) of the annual fee or assessment for each lot the
Declarant owns which has not been sold and is not occupied as a dwelling. The initial
annual fee shall be set by the Declarant.
C. The owners of the double lots shall pay an annual fee of double the fee of
the owner of a single lot, i.e. one thirty-second(1/32)of the annual fee.
4. ESCROW ACCOUNT AND CITY ENFORCEMENT.
A The Declarant has deposited $8,000.00 in an account in the name of the
Association to assure the Association's compliance with its obligations under the
Decision approving the subdivision. The City of Northampton shall be a co-signer on the
account.
B. If the City is required to expend funds from the Escrow Account to
perform the maintenance -obligations of the Association, under the Special Permit
Decision, the City may assess or bill the Association for such expenditure to maintain the
9
or other disposition of the Property. However, any such structures or signs shall be
removed by the Declarant upon the sale of the last lot.
N. Improvements in Roadway Easement. No improvements shall be placed
in that portion of the Roadway Easement which lies within the Property, except for the
above or below ground poles, lines, wires, cables, pipes, hydrants, valves and other
equipment to provide utilities required to service the Lots. Also exempted are pipes,
culverts and drainage facilities necessary for the proper construction of the road surface.
O. Damage to Roadway Easement. Any damage caused to the improvements
provided by the Declarant within the Roadway Easement by construction activity on any
of the Lots shall be promptly repaired at the expense of the Owner(s) of said Lot(s).
ARTICLE IV
SPECIAL PERMIT CONDITIONS
1. SPECIAL PERMIT.
A The Northampton Planning Board issued a Special Permit with Major Site
Plan Approval Decision dated June 20, 2003, which is recorded in the Hampshire
Registry of Deeds in Book 7327, Page 217. In addition to the covenants and restrictions
set forth herein, the Declarant and each of the Lot Owners are subject to the conditions of
approval set forth in that Decision.
B. The Association and each Lot Owner are subject to the conditions of
approval in that decision, as follows:
(i) Snow removal on roadways and sidewalks within the subdivision
will be the responsibility of the Homeowners Association.
(ii) The City of Northampton will make no commitment to accept
Acorn Drive, which shall be a private way. The Association will be responsible for all
street and utility maintenance of the Roadway and Access Easement.
(iii) At no time in the future may the Lot Owners or the Association
petition the City to add street lights to the right-of-way unless they will be maintained
and paid for by the Association.
r .
(iv) Except for maintenance vehicles and motorized wheelchairs, no
motorized vehicles, including personal assistive mobility devices, shall be allowed on the
open space or land donation areas.
(v) Any Lot Owner who installs any lawn sprinkler systems shall be
responsible for the costs of installing the proper backflow protection devices, and shall
notify the DPW (Water Division) to approve standards and construction of backflow
prevention.
8
or structure of any kind shall be used at any time for a residence in the Residential Areas,
either temporary or permanent unless in any specific instance such use shall have been
authorized by the Declarant. Temporary buildings or structures used during the
construction of a dwelling in the Residential Areas shall be removed immediately after
the completion of construction.
F. Nuisances. No refuse, rubbish vehicle parts or bodies of junk waste or
debris of any kind shall be placed or permitted to accumulate upon or adjacent to any lot
or in the Open Space/Conservation Areas which wiU or may render any such lot or any
portion thereof unsanitary, unsightly, offense br detrimental to any other lot and no
activity, structure or devise shall be conducted, built or maintained which is or may be
offensive or detrimental to any of the other property in the vicinity or to its occupants.
All unregistered motor vehicles shall be garaged or otherwise hidden from the view of
those persons traveling the Roadway Easement.
G. Repair of Improvements. No Improvement upon any lot shall be
permitted to fall into disrepair, and each such Improvement shall at all times be kept in
good condition and repair and adequately painted or otherwise finished.
K Trash Containers and Collection. No garbage or trash shall be placed or
kept on any lot except in covered containers.
I. Subdivision of Lots. No Lot or Lots shall be subdivided or altered to
increase the total number of building lots as shown on the Plan permissible for single
family residential structures as allowed by these Restrictions.
J. Removal of Earth. No loam, peat, gravel, sand, rock or other mineral
resource or natural deposit shall be excavated or removed from any Lot in such a manner
as to affect the surface thereof except in connection with approved construction and
landscaping.
K Recreation Vehicles. No motorized recreational vehicle including
snowmobiles and off-road dirt bikes or all-terrain vehicles (ATV) shall be operated on
any lot including on the Roadway Easement and Open Space/Conservation Areas.
L. Tree Coffin-. No commercial harvesting of forest products shall be
allowed on any lot or in the Open Space/Conservation Areas and clear-cutting or other
denuding activities shall be prohibited: All tree removal shall be selective in nature and
conducted in accordance with good forestry practices directed at improving the quality of
the woodlands. No more than 50% of trees over 6" caliper shall be removed without the
consent and approval of the Declarant, or after transfer of forty-eight (48) lots, with the
consent of the Association.
M. Exceptions for Declarant. Nothing contained in the Restrictions shall be
construed to prevent the erection or maintenance by Declarant, or its duly authorized
agents, of structures or signs necessary or convenient to the development, sale, operation
7
(iii) The installation and maintenance of underground utilities to
service any or all of the lots shown on the Plan.
(iv) The management of the Association until after the sale of the
twenty-eighth (28`)Lot, unless earlier assigned to the Association.
B. Improvements in Open Space/Conservation Areas. No improvements of
any kind or alterations or additions thereto shall be made, erected, placed or allowed to
stand in the Open Space/Conservation Areas,' except as noted in Section 1, above.
PROVIDED, however, that the Declarant reserves to itself, its successors and assigns, the
right to conduct or permit the following activities:
(i) The construction and maintenance of such culverts and drainage
ways as the Declarant may deem appropriate.
(ii) The construction, maintenance and repair of the Detention Ponds,
Drainage Easements, storm water culverts and firture bike path extension.
(iii) The installation and maintenance of underground utilities including
water lines to service any and all of the lots shown on the Plan.
C. Improvements in Roadway Easement. No improvements of any kind or
additions or alterations thereto shall be made, erected, placed or allowed to stand in the
Roadway Easement Area of each lot, PROVIDED, however, that the Declarant reserves
to itself its successors and assigns the right to conduct or permit the activities described
in the foregoing Article III.
D. Approval of Declarant for Improvements. None of said Improvements
permitted in this Article III, Sections 3A, 3B and 3C shall be erected, placed or allowed
to stand without the prior written approval by the Declarant of the size, plansy
specifications, and locations thereof for a period of not more than four years following
the conveyance of the last Lot owned by the Declarant. Such approval shall not be
unreasonably withheld and a certificate thereof; in form substantially similar to the form
attached as Exhibit B, satisfactory for recording shall be furnished by the Declarant, if
requested by an Owner seeking to erect, place or allow to stand upon any lot any
Improvements aforesaid. The Declarant shall not be responsible for any structural
defects in such plans or specifications or iri any building or structure erected according to
such plans or specifications. The recording of a certificate signed by the Declarant shall
be full evidence of satisfaction of this condition. If no certificate is recorded within four
(4) years after the Declarant's sale of the last lot, it shall be accepted that the
Improvement was in compliance and the lack of any certificate shall not be a defect in
title.
E. Temporary Occupation. No trailer, mobile home, basement of any
incomplete building, tent,truck camper, shack, garage or barn, and no temporary building
6
or not the culvert or detention is located on any Lot Owner's property. The Oaks
Association shall develop a plan for the maintenance and repair of the culverts and
detention areas in accord with the subdivision conditions.
F. Annual Fee;By-Laws. The Declarant has adopted the By-Laws which are
attached as Exhibit C. Each Lot Owner shall pay an annual fee, as fixed by the
Association for maintenance and repair of the roadway easement, Acorn Drive, Access
Easement, maintenance and detention areas, entrance area, benches, landscaping, snow
removal and sweeping, walkways and all general maintenance and repair of the
subdivision, including insurance.
G. Enforcement. The Oaks Association may enforce any of the terms of this
Declaration or its By-Laws by an action in the District or Superior Court. The
Association shall assess an annual fee to each Lot Owner for the purposes of effecting the
terms of this Agreement, including roadway and culvert maintenance and repair and
appropriate expenses for the operation of the Association including legal and accounting
fees. As provided in the By-Laws adopted by the Association, the Association may
assess interest and penalties for late payment or non-payment of fees or assessments, may
place a lien upon a delinquent Lot Owner, and may assess attorney's fees for collecting
any unpaid fees or charges due the Association. At the request of any Lot Owner, the
Declarant, President, Treasurer or Clerk of the Association shall sign and deliver a
certificate to the Lot Owner certifying the amount of any assessed and paid or unpaid fees
and charges(Exhibit B).
2. RESTRICTIONS.
A. Improvements and Residential Areas. No improvements other than one
single family dwelling house, together with a garage for the storage of not more than
three (3) private automobiles and one accessory apartment appurtenant to a single family
dwelling and consistent with the use of the premises for a single family dwelling, and in a
manner consistent with a development of this size and character, shall be constructed,
placed or allowed on each lot. All electrical service, telephone lines, cable televisions
lines and other wires or lines for the transmission of energy or information shall be
located underground and no outside lines for the transmission of energy or information
shall be placed overhead.
It being further provide, however, that the Declarant reserves to itself, its
successors and assigns, the right to conduct or permit the following activities:
(i) The construction and maintenance of the Roadway Easement road
and sidewalk as shown on the Plan, together with such culverts and drainage ways as the
Declarant may deem appropriate.
(ii) The construction, maintenance and repair of the Detention Ponds,
Drainage Easements, storm water culverts and future bike path extension.
5
Northampton Zoning Ordinance. No occupation, profession, trade or other non-
residential use shall be conducted in such areas, except in conformance with the
Northampton Zoning Ordinance.
(i) The area of each Lot from the rear line of the residential portion of
the structure to Acorn Drive, including areas within the Roadway Easement shall be
restricted in landscaping and planting to the Declarant and the Association. The
Association. The Association shall be responsible for planting, pruning, mowing and
other maintenance in these"front and side yards" areas of each lot.
(ii) A Lot Owner may plant or landscape an area within the "front or
side yard"with the approval of the Association. The"rear yard" area of each Lot shall be
maintained by each Lot Owner.
B. Use of Open Space/Conservation Areas. The Open Space/Conservation
Areas shall not be improved and shall be devoted exclusively to the planting and
maintaining of grasses or natural vegetation, for the preservation of scenic vistas, open
space, and to provide a natural wildlife habitat. The City of Northampton shall have the
right to make habitat improvements within the open space areas and to improve the
public access and trail, in accordance with the Conservation Restriction, and to post
appropriate public access and trail signs.
C. Use of Roadway Easement. The fee to that portion of the Roadway
Easement which lies within a given Lot will be in the individual Lot Owner, subject to
easements for the benefit of all Lot Owners and the general public to use the same for all
purposes for which roads and streets are used in the City of Northampton, except as
limited by these Restrictions and to the right of the Declarant to grant easements for the
construction and maintenance of utility lines, pipes, conduits, transformers, junction
boxes, pedestals and other apparatus necessary for the servicing of said Lots. All
maintenance, repairs and improvements of said Roadway Easement (including snow
removal) shall be the joint obligation of the Owners. Notwithstanding anything in any
deed or in this Declaration to the contrary Acorn Drive shall irrevocably remain a
"private way".
D. Access Easement. The Access Easement shall be constructed by the
Declarant and maintained by the Association. The City of Northampton and the public
shall have the right to enter upon and pass over the Roadway Easement and Access
Easement and the City of Northampton shall have the right to make such inspections and
repairs of the roadways and utilities located therein as the City of Northampton shall
determine. No gate or other barrier shall be installed to prohibit public access to the
Roadway Easement and the Access Easement.
E. Maintenance of Culverts and Detention Areas. In addition to the annual
fees for roadway maintenance and other association expenses, each Lot Owner shall
share equally in the cost of the maintenance and repair of the culverts and detention areas
as shown on the Plan, whether or not such owner has constructed a residence and whether
4
"accessory apartments" as defined in Section 10.10 of the Zoning Ordinance of the City
of Northampton.
SINGLE FAMILY RESIDENTIAL USE. The term "Single Family Residential
Use" shall mean the occupation or use of Single Family Dwelling in conformity with the
Ordinances and requirements of the Zoning Ordinance of the City of Northampton and
applicable state, county and municipal rules and regulations, but double numbered lots
shall have two(2)separate residential units, either as a duplex or two family residence.
ARTICLE M
1. PROPERTY SUBJECT TO RESTRICTIONS. The Property subject to
Restrictions shall be the land in Northampton, Massachusetts, being the Lots shown on
the Plan described in Article I and described in Exhibit "A" attached hereto. These
restrictions shall be included in every deed to every lot in the subdivision, excepting the
open space and conservation lots.
2. TIC ASSOCIATION. The Association shall be comprised of each of the Lot
Owners of Lots numbered I — 64. Double numbered Lots shall constitute two Lots as
shown on the Plan, as follows: Lot 1, 2, Lot 4, 5, Lot 12, 13, Lot 22, 23, Lot 29, 30, Lot
-33, 34, Lot 35, 36, Lot 53, 54, Lot 57, 58, and Lot 60, 61 shall each be a double Lot, as _
shown on the Plan. The Association shall be the owner of the Open Space and Easement -
Areas.
3. CONSERVATION AREAS. The land designated on the Plans as Open Space
shall be subject to a Conservation Restriction approved by the Secretary of
Environmental Affairs. The restriction shall include a dedication of a public access
easement/trail as shown on the Plans abutting Lot 25 in accord with Subdivision
Approval Condition numbers 19, 20 and 21.
4. AFFORDABELI TY COVENANTS. Eight Lots with the subdivision will be
designated by the Declarant as reserved for "affordable housing" and be available to
households at or below 80% median household income. No Lot so designated will abut
any other Lot so designated. The Declarant shall provide a restriction on each of the Lots
so designated for a period of 99 years to the City of Northampton, Office of Planning and
Development.
ARTICLE III
1. PERMITTED USES AND RESTRICTIONS. Each lot within the Property shall
be for the exclusive use and benefit of the Owner thereof subject, however, to all of the
following limitations and restrictions:
A. Use of Residential Areas. The Residential Areas shall be improved and
devoted exclusively to Single Family Residential uses which shall include "accessory
apartments" or "in-law apartments" as defined in Section 10.10, as amended, of the
3
ARTICLE I
DEFINITIONS. Unless the context otherwise specifies or requires, the terms
defined in this Article I shall, for all purposes of this Declaration, have the meanings
herein specified.
ASSOCIATION. The "Association"' shall be The Oaks Association. Each Lot
Owner shall be a member of the Association and entitled to one vote, per lot, as a
member of the Association. The owners of double lots shall have two (2) votes. The
Association shall adopt By-Laws to govern its operation.
LLC. DECLARANT. The term "Declarant" shall mean NORTHAMPTON OAKS
GRANTEE. The term "Grantee" shall mean THE OAKS ASSOCIATION,
which shall be the Grantee of the benefits of this Declaration. The fee ownership of the
lots(1-64)shall remain in the Grantor until the sale of each lot by the Grantor.
ROADWAY EASEMENT. The term "Roadway Easement" shall mean the area
within the easement, shown on the Plan, and shall further include those areas at the end of
each centerline, the perimeters of which are shown on the Plan. It is the intention of the
Association that the Roadway Easement forever remain a private way. The Association
shall make no application to the City of Northampton for acceptance of the Roadway
Easement as a public street. The name of the street shall be Acorn Drive.
LOT OWNER The term "Lot Owner" shall mean the person or persons whose
interest in each residential lot, numbered 1 through 64, aggregates fee simple absolute
title to that lot.
PERSON. The term "Person" shall mean an individual, corporation,
unincorporated association, partnership,joint venture, trustee, conservator, administrator,
executor or entity which has the right to hold title to real property.
PLAN. The term "Plan" shall mean the Plan entitled "Definitive Subdivision
Plan, The Oaks, Northampton, Massachusetts" dated February 4, 2003 and revised June
23, 2003, prepared by Heritage Surveys, Inc., recorded with Hampshire Registry of
Deeds in Plan Book 196, Page 106, and as it may be revised from time to time showing
Lots 1-64,totaling 54 lots(ten lots are'double lots).
RyIPROVEMEN'T. The term "Improvement" shall include buildings,
outbuildings, garages, carports, driveways, walls, stairs, decks, poles, signs, swimming
pools and structures of every kind and type, including fences.
SINGLE FAMILY DWELLING. The term"Single Family Dwelling" shall mean
a detached house designed and used as a residence for a single family including any
appurtenant attached or detached garage or carport or similar outbuilding and such
2
and
Ettlaratton of iltstrtctions,
matnttnanrt nub Eastmtnt J*ttmtnt
GRANT
NORTHAMPTON OAKS LLC. Grantor and Declarant herein is the sole owner
of the land at 600 Burts Pit Road, Northampton, Florence, MA 01062, by deeds recorded
just prior hereto (the "Property") and subject to the terms of a Special Permit and Major
Site Plan Decision of the Northampton Planning Board dated June 20,2003, and recorded
in the Hampshire Registry of Deeds in Book 7327, Page 217, does hereby subject the
property to the terms of this Declaration
PREAMBLE
This Declaration of Restrictions is made on this 24m day of July, 2003 by
NORTHAMPTON OAKS LLC a Massachusetts limited liability company of 72
Mountain View Drive, Belchertown, Massachusetts (Declarant herein) as the Owner of
certain real estate on 600 Burts Pit Road in Northampton, Hampshire County,
Massachusetts (Property herein), being more particularly described in Article H hereof
and Exhibit"A"attached and included herein
It is the intention of the Declarant, in furtherance of a plan for the improvement
and sale of the Property, to sell and convey all of said property subject to the covenants,
conditions and restrictions (Restrictions herein) as set forth in this Declaration of
Restrictions(Declaration herein).
It is the purpose of these Restrictions to provide a means for development of the
Property for single family residential use, excepting double numbered lots which shall
have two (2) residential units, consistent with the Declarant's intention to preserve the
natural beauty, scenic and open character of the landscape, improved with traditional
architectural finishes and detail, and'to provide for the care and maintenance of the
Property for the benefit of its future owners and residents. The provisions of this
Declaration shall be understood and construed to accomplish those objectives. Every
person, by acceptance of his or her lot does thereby agree to be bound by the Restrictions
contained in this Declaration.
I
Etheredge & Steuer, P.c.
ATTORNEYS AT LAW
64 GOTHIC STREET
NORTHAMPTON, MASSACHUSETTS 01060
EDWARD D.ETHEREDGE (413) 584-1600 FAX (413) 585-8406
SHELLEY STEUER'
*Also Admitted in New York
and CaWomia
July 25, 2003
Wayne Feiden,-�)irector �
Office of Planning
City of Northampton L 2 g 2x03
210 Main Street
Northampton, MA 01060 L
DEP1 QF BIJITING INSPECTIONS
yr�jtajs•.irON,MR Q1Gn`J
RE: Northampton Oaks LLC
The Oaks
Dear Wayne:
I enclose a copy of the Recording Receipt for the Definitive Subdivision Plan, Plan Book 196,
Page 106, and the Decision, Book 7327, Page 217. I also enclose a copy of the Declaration and
Protective Covenant which were recorded this day in Book 7344 at Pages 97 and 123. I also enclose a
copy of the Recording Receipt.
As you know, this project is intended to be constructed in several phases, and the road has been
declared forever and irrevocably private. Road and utility construction is planned to begin within the
next two weeks. Please know that when the developer seeks a partial release for the first phase that he
cannot post a bond for completion of the entire project.
Very truly yours,
dward D. Eth ge
EDE/kap
Encs.
cc: Mark Kislyuk
'7a' 1°�%1e 23+ 45"o