12C-130 24202_6_11_2003Hampshire County - 20/20 Perfect Vision i2 Document Detail Report
Current datetime: 5/25/2012 10:52:31 AM
Doc#Document Type Town Book/Page File Date Consideration
24202 RESTRICTIONS 07253/72 06/11/2003
Property-Street Address and/or Description
NONE
Grantors
CLOVERDALE EXTENSION SUBDIVISION, SABRA PARTNERSHIP, SHARFF AHARON PARTNER, BARONDES BLAIR PARTNER,
CLOVERDALE HOMEOWNERS ASSOCIATION INC
Grantees
DECLARATION OF RESTRICTIVE COVENANTS
References-Book/Pg Description Recorded Year
07250/350 DEED 2003
Registered Land Certificate(s)-Cert# Book/Pg
BK 0 1 2 5 3 PG 0 1 2
DECLARATION OF RESTRICTIVE COVENANTS FOR
CLOVERDALE EXTENSION SUBDIVISION
FLORENCE,MASSACHUSETTS
Bk: 7253Pg: 72 Page: 1 of 8
Reoorded: 081111200304:15 PM
THIS DECLARATION, made this It) 'ft,. day of June, 2003, by Sabra
Partnership, by and through its Partners, Aharon Sharff and Blair Barondes, 17
Hawthorne Terrace, Florence, Massachusetts 01062 ("the Developer"), which
expression shall include their successors and assigns, who are the owners of the
property herein involved.
WHEREAS, 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;
WHEREAS, The Developer is desirous of encumbering the Subject Property with
certain covenants, agreements, restrictions, conditions and changes, as hereinafter
set; and
NOW, THEREFORE, the Developer declares that the real property described in
Article I 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
SUBJECT PROPERTY
The land subject to these restrictive covenants shall be the land situated in
Florence, County of Hampshire, Commonwealth of Massachusetts, as shown on a
plan entitled "Cloverdale Extension Subdivision Surveyed for Sabra Partnership
Northampton (Hampshire Co.) Mass.," September 5,2002, by Roberge Associates
Land Surveying, and recorded in the Hampshire Registry of Deeds at Plan Book /'1~
Pages Y3. See also deed of John F. Skibiski, Jr., as managing partner of the John
F. Skibiski Realty Partnership to Sabra Partnership, dated June/f), 2003 and recorded
in said Registry at Book v, Page 3S0.
7"~()
ARTICLE II
HOMEOWNERS' ASSOCIATION
There shall be a homeowners' association, to be know as the Cloverdale
Homeowners' Association, Inc., which shall have those powers and duties as are set
forth in its bylaws, as such bylaws shall be amended from time to time. Such bylaws
BK 0 1 2 5 3 PG 0 1 3
shall be incorporated by reference as though fully set forth herein. No provision of
such bylaws shall be inconsistent with the conditions attached to the definitive
subdivision approval or any other land use permit, as such approval or permit may be
amended from time to time.
ARTICLE III
USE RESTRICTIONS
1. RESIDENTIAL USE
The Subject Property, and each lot contained therein, shall be used for
residential or non-commercial purposes only. No mechanical, mercantile or
manufacturing trade or business shall be carried out on or upon any lot. No hospital,
rest home or educational institution of any kind shall be established and maintained
thereon. No separate professional office building shall be permitted. No so-called
clubs or social organizations shall occupy the premises. In no event shall the
premises be used for any purpose that may be or may become an annoyance or
nuisance to the neighborhood. No more than one (1) tag sale per year shall be
permitted for each lot.
2. DWELLING SIZE AND STYLE
No building other than private dwellings arranged for the occupancy of not more
than one (1) family and consisting of not less than one thousand eight hundred
(1,800) square feet of living space, exclusive of any porch, garage, breezeway or
cellar. An attached private garage for not less than two (2) nor more than four (4)
automobiles used in connection with such dwelling house shall be erected and
maintained on any lot.
3. LOCATION OF STRUCTURES ON A LOT
The location of any structures on any lot shall strictly conform to the
requirements of any subdivision approval and/or zoning permits applicable to the
Subject Property and the to the requirements of the Northampton Zoning Ordinance.
4. SIDING
No tarpaper, asphalt siding, aluminum siding, log siding, plywood siding.
Texture 111 siding, roll brick or similar materials may be used as siding on outside
walls of any structure. Other siding may be permitted upon approval of the ARC.
2
BK 0 1 2 5 3 PG 0 1 4
5. ROOFING
All roofing shall be 'Architectural' style, 25 year or better asphalt or composite
roofing shingles, or cedar, tile or slate roofing shingle. Three tab style shingles are not
permitted by right, but 30 year 3 tab shingles may be permitted with special approval
from the ARC if such use is deemed to be consistent with the design of a particular
residence.
A roof pitch of 7 in 12 or greater will be required on all residences and garages,
although a shallower pitch may be permitted on porches, gables or dormers. This
provision may be waived for homes with exceptional architectural merit upon approval
of the ARC.
6. INCOMPLETE DWELLINGS
The exterior of any building erected on any lot and the landscaping and grading
in connection therewith shall be commenced and completed within a period of [12]
months from the issuance of the building permit. 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.
7. BOATS, AUTOMOBILES, TRAILERS, CAMPERS, AND COMMERCIAL
VEHICLES
No commercial vehicles being defined for this purpose as being vehicles
containing commercial lettering on exterior of vehicle advertising the business of the
vehicle or in excess of % ton, unregistered automobiles, campers, trailers, mobile
homes, boats or anything more than % ton truck shall be stored on said lots unless
they are stored completely within the house or garage.
8. LOCATION OF UTILITIES
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 that may be harmful to the environment shall be permitted.
9. ANIMALS
No animals, livestock or poultry of any kind shall be raised, bred or kept on the
property, except that dogs, cats or other usual household pets may be kept on lots
provided that they are not kept, bred or maintained for commercial purposes and do
not become a nuisance to other owners and occupants.
3
BK 0 1 2 5 3 PG 0 1 5
10. NUISANCES
No noxious or offensive activities shall be carried out on or upon any lot, nor
shall anything be done thereon which may be or may become an annoyance or
nuisance to the neighborhood or which violate any state or local laws or regulations.
11. CLOTHESLINES, GARBAGE CANS, ETC.
All equipment, trash containers, woodpiles, clotheslines 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 premises 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 may render the same or any
portion thereof unsanitary, unsightly, offensive or otherwise detrimental to any other
lot.
12. SIGNS
No signs shall be placed, 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
one hundred forty four (144) square inches;
c. During the time of construction of any building or other improvements,
one job identification sign not larger in area than eight (8) square feet;
d. A "For Sale" sign of reasonable type, size and appearance, which shall
be attached to the building or free standing (and not attached to a tree):
and
f. Informational or directional signs erected or maintained by the
Developer, its successors or assigns.
13. ANTENNAS
Television or other antenna structures, including dish antennas, aerials or other
electronic receiving devices shall be placed, constructed or maintained on said land
only if they are under 6' in height, are in the rear yard, and are screened with fencing
or plantings from the street and neighboring properties. The provisions of this section
shall not apply to satellite dishes with a diameter of 18 inches or less.
4
BK 0 1 2 5 3 PG 0 1 b
14. FENCES
No fences over 6 feet in height or hedges over 8 feet in height shall be
constructed or maintained. Fences in front yards of houses shall be limited to 42
inches in height.
15. EARTH REMOVAL
No loam, sand, gravel or other solid material, except that resulting from
construction, grading or landscaping, permitted hereunder, shall be removed from the
Subject Property.
16. 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.
17. MAINTENANCE
Each lot and all structures and grounds shall be maintained in a neat
appearance and manner by the owner. Owners of lots are responsible for the grading
and seeding of tree belts and for the maintenance of berms and curbs, iron pins and
concrete bounds as originally set.
19. REMOVAL OF TREES
No more than seventy percent (70 %) of the standing trees shall be removed
from any lot, and to the extent applicable shall only be removed under the direction of
the Northampton Conservation Commission.
ARTICLE IV
MAINTENANCE OF COMMON FACILITIES
1. PRIVATE ROADWAYS
The private roadway shall be installed, maintained, repaired, constructed and
reconstructed at all times so as to be in a good and passable condition, including
without limitation, oiling, graveling, snow removal, and grading to the standards set by
the City of Northampton for reliable, all-weather access by public safety vehicles.
5
BK 0 1 Z 5 3 PG 0 1 1
2. SIDEWALKS
Each lot owner shall be solely responsible for the removal of snow and ice on
the sidewalk adjacent to such lot. Each lot owner shall keep the sidewalk adjacent to
such lot in good and passable condition so as to allow reasonable access for
pedestrians.
3. STORMWATER FACILITIES
The stormwater treatment chamber, infiltration trench and other stormwater
facilities shall be the sole responsibility of the homeowner's association organized in
accordance with the definitive subdivision approval. Such facilities shall be
maintained in accordance with the stormwater management plan approved by the
Northampton Planning Board, as that approval may from time to time be amended.
4. CUL-DE-SAC ISLAND
Maintenance of the cul-de-sac island shall be the sole responsibility of the
homeowners' association.
ARTICLE V
MISCELLANEOUS
1. ENFORCEMENT BY HOMEOWNERS' ASSOCIATION
Enforcement shall be by proceedings at law or in equity against any person or
persons violating or attempting to violate any protective covenants set forth herein
either to restrain violation or to recover damages. The homeowners' association shall
have the right to recover maintenance costs of the stormwater management as to any
lot owner who failing to pay the proportionate share of such costs attributable to such
lot.
2. ENFORCEMENT BY CITY OF NORTHAMPTON
The City of Northampton shall have the right to place a lien on any or all of the
lots in the subdivision in order to recover the cost of maintenance of stormwater
facilities, snow removal on sidewalks and/or on any private roadway.
6
BK 0 1 2 5 3 PG 0 1 8
3. COMPLIANCE WITH LAND USE APPROVALS
All lot owners shall strictly comply with all requirements of all approvals,
permits, findings, orders and conditions imposed by the City of Northampton and any
of its boards, commissions and agencies.
4. NON-LIABILITY OF DEVELOPER
The Developer, and any of the partners, limited partners, general partner,
officers, agents, directors and stockholders shall not be held liable for any violations of
any restrictions contained herein, or for any waiver or other failure to enforce any of
the restrictions contained herein.
5. ACCEPTANCE OF DEED
The acceptance of any deed to a lot or lots in the Subject Property shall be
deemed the assent of the grantee therein of all covenants contained in these
restrictive covenants.
6. SEVERABILITY
Invalidation of anyone of these protective covenants by judgment or Court
order shall in no way affect any of the other provisions, which shall remain in full force
and effect.
EXECUTED AS A SEALED INSTRUMENT ON THIS /t1.... DAY OF
:1" vlt (.. ,2003
SABRA PARTNERSHIP
7
BK 0 1 2 5 3 PG 0 1 q
COMMONWEALTH OF MASSACHUSETTS
HAMPSHIRE, ss. June/d, 2003
Then personally appeared the above-named Aharon Sharff and Blair Barondes,
Partners of the Sabra Partnership., and declared the foregoing to be their free act and
deed and the free act and deed of the Sabra Partnershi ,before me,
, Notary Public
My Commission Expires:
ALAN SEEWALD. Notary Pub!lc My CoImlissiM &pires December 29. _
8
ATTEST: HAMPSHIRE. fJJ~~ . REGISTER
MARIANNE L. DONOHUE