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Home My WebLink AboutBuilding Permit - 41 SECOND STREET 2/12/2014 TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION Permit NO: G Date Received I Date Issued: Z IMPORTANT:Applicant must complete all items on this page LOCATION `w S ,.. _ Print PROPERTY OWNER ( €1V P int 100 Year Old Structure yesno MAP NO: CD PARCEL:.-, J`z ZONING DISTRICT: Historic District yes no Machine Shop Village yes no .TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential ®'New Building ❑ One family ❑Addition t7wo or more family ❑ Industrial ❑Alteration No. of units: ❑ Commercial ❑ Repair, replacement ❑Assessory Bldg ❑ Others: ❑ Demolition ❑ Other ❑ Septic ❑Well ❑ Floodplain ❑Wetlands ❑ Watershed District ❑Water/Sewer DESCRIPTION OF WORK TO BE PERFORMED: �LA LL 1 d-1-11 V Identification Please Type or Print Clearly) OWNER: Name: (�s i i ;it/ a A Phone: Address: CONTRACTOR Name: AL4gZh"I Phone:" L�S Address: " (/-7a MA Supervisor's Construction License: C� - V " Exp. Date: t �� Home Improvement License: Exp. Date: ARCHITECT/ENGINEER Phone: Address: Reg. No. 0 t , FEE SCHEDULE:BULDING PERMIT:$12.00 PER$1000.00 OF THE TOTAL ESTIMATED COST BASED O)V$125.00 PER S.F. O�L- Total Project Cost: $ (o4. FEE: $ '�� T 00 Check No.: Receipt No.: 0 d NOTE: Persons contracting with unregistered contractors do not have acces to the uaran nd Signature of Agent/OwnerSignature�of contram or Plans Submitted D Plans Waived ❑ Certified Plot Plan Stamped Pans ❑ Plans Submitted ❑ Plans Waived❑ Certified Plot Plan ❑ Stamped Plans F1 TYPEOE-SE.RAGE.DISPOSAL '.. Public Sewer Tanning/Massage/Body Art ❑. . .Swimming Pools ❑ Well ❑ Tobacco.Sales ❑ ToodPackaging/Sales ❑ Private(septic tank, etc: ❑ -. _ permanent Diimpster on Site El THE,FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM DATE REJECTED DATE APPROVED /PLANNING & DEVELOPMENT ❑ �o� /j 7� COMMENTS �niY1� y�/ y��,c,re,�en�5 o.g—i- CONSERVATION Reviewed on 1 ' l Siq nature COMMENTS W i HEALTH Reviewdd on Signature COMMENTS Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments V Conservation Decision: Comments Water & Sewer Connection/Signature& Date Driveway Permit DPW'Tow;-, Engineer: Signature: Located 384 Osgood Street FIRE DEPAKTM,L--'NT Temp Dump'ster on site :yes no Located-at 124 Mair Street r- Fire Departine►if signature/date"' "� `' _ COMMENTSp' -Dimension Number of Stories: 3 Total square feet of floor area, based on Exterior dimensions. C� :Total land area, sq. ft.: ELECTRICAL: Movement of Meter,location, mast or service drop requires approval of Electrical Inspector Yes - No DANGERZONE LITERATURE: Yes No MGL-Chapter-166 Section 21A-F and G min.$100-$1000 fine NOTES and DATA— (For department use ® Notified for pickup - Date i E Doc.Building Permit Revised 2010 d: Building Department The fol"paving is 4-list:of the required-forms to be filled out for:the.appropriate-permit to..be obtained. Roofivg, Siding, Interior Rehabilitation Permits Li Btailding Permit Application o Workers Comp Affidavit u Photo Copy Of H.I.C. And/Or C.S.L. Licenses u Copy of Contract u Floor Plan Or Proposed Interior Work o Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit Addition Or Decks o Building Permit Application L3 Certified Surveyed Plot Plan o Workers Comp Affidavit Li Photo Copy of H.I.C. And C.S.L. Licenses a Copy Of Contract u Floor/Crossection/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (If Applicable) Li Mass check Energy Compliance Report (If Applicable) Li Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit New Construction (Single and Two Family) o ,Building Permit Application Certified Proposed Plo an Photo of H.I.C. An icenses Workers Comp Affidavit u Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And Hydraulic Calculations (If Applicable) 'Copy of Contract QiMass check Energy Compliance Report 9 Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit (flle In all casts.if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals that the apw-al period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording must be subm.tted with the building application Doc: Doc.Buil,jing permit Revised 2012 . Location ��C Vr C-/ '1 No. lJ' Date Z 1Z- i 1 0 . - TOWN OF NORTH ANDOVER . • Certificate of Occupancy $ Building/Frame Permit Fee Foundation Permit Fee $ Other Permit Fee $ agyoo� TOTAL $ Check# r i " Building Inspector jC a ♦ *"o F y ' 'J'�Oai.o r+"19 SS/IC ft115ES CERTIFICATE OF USE & OCCUPANCY TOWN OF NORTH ANDOVER Building Permit Number 588-14 on 2/12/2014 Date: December 7, 2015 THIS CERTIFIES THAT THE BUILDING LOCATED at 41 Second Street—Unit A MAY BE OCCUPIED AS a single family home IN ACCORDANCE WITH THE PROVISIONS OF THE MASSACHUSETTS STATE BUILDING CODE AND SUCH OTHER REGULATIONS AS MAY APPLY. Certificate Issued to: Gene Espinola 41 Second Street North Andover, MA 01845 Building Inspector Fee: Pre Paid$100.00 Receipt: 27295 Check : 2437 a yORT#i Town of ndover O ti ` .;`. 0 No. u. C, ver, Mass, La _ coc MIG MR WICK �- S ll skej q161%q BOARD OF HELTH PE IT T LD 2�Kiit hen 1 c� ted' C� Septic System THIS CERTIFIES THAT ... ... ..N......��4.. .�4.. BUILDING INSPECTOR ��..SSC� ..�,...U�.� Foundation has permission to er ct ...... ................... buildings on ... ...... �, �. �; C a. � A: to be occupied as .... p .. 1. ..... .. ......... ....... .. ............................................................. Chimney provided that the person accepting this permit shall in eve respec conform to the terms of the application m p p p g p every p pp Final on file in this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. K-0-ugh PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR UNLESS CONSTRU N RTS .......... . .. ...........................-::............................. BUILDING INSPECTOR GASINSPECT R Occupancy Permit Required to Occupy Building /� ''`�/f� Display in a Conspicuous Place on the Premises — Do Not Remove 40 p''`It -7 6 A No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No."% � �� eR4Q"W*j0 Smoke DeA e7 2 ^� F t%ORT#i Town of . s ndover No. - �oh ver, Mass, a �a COCNICNl WICK 1. r'PP��,�S ►'�Sv►t� s U BOARD OF HEALTH Food/Kitchen PE Septic System THIS CERTIFIES THAT ...MIT �...... o•...................................................... BUILDING INSPECTOR ..... p g 4l..Sec."cusV!...uoib.�..A Foundation has permission to er ct ...... ................... buildings �, 'Rough tobe occupied as .... . .....Ar.........3...... .... ............................................................. Chimney provided that the person accepting this permit shall in every respect conform to the terms of thea application pp Final on file in this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR ou Al LeC VIOLATION of the Zoning or Building Regulations Voids this Permit. PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR UNLESS CONSTRUE N RTS .......... .. ................................... BUILDING INSPECTOR GAS INSPECTPR Occupancy Permit Required to Occupy Building G Display in a Conspicuous Place on the Premises — Do Not Remove No Lathing or Dry Wall To "Be Done, FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No!'% Smoke Det.y 7 V � Rik 509-1y APPLICA'T'ION FOR CERTIFICATE OF OCCUPAIINCYWPECTION CHU,pP�.�S BUILDING PERMIT# spcH � • i ADDRESS/LOCATION OF PROPERTY: -fes S c./1 3 3 3 Map Parcel I.ot Number SUBDIVISION: DATE REQUESTED FILEDWADY FOR INSPECTION: CLOSING DATE ON PROPERTY: FIVE(5)DAYS NOTICE PRIG-k TO CLOSING DATE IS MoUUMD ALL WORK AND SIGN-OFFS MUST BE COMPLETED WITHIN THIS TIME FRAME. A REINSPECTION FEE OF TWENTY DOLLARS ($20.00)WILL BE CHARGED IF THE-STRUCTURE DOES NOT MEET ALL APPLICABLE CODES. APPLICANT SIGNATURE Permit Issued to: ox fS ,,d I'q 0 16A Address: �Fii-I`Q11 0 f t.,r IQ ROUTING TOWN ENGINEER, SITE PL N--DRIVE-WAY REVIEW E, CONSERVATION PLANNING DP - W WATERMETER ,...,/ SEWER CONNECTION L " DPW MUST INDICATE THAT TEE WATER METER HAS BEEN INSTALLED'PRIOR.TO SUBMITTAL OF THE OCCUPANCYIINSPECTIONREQUEST DPW SIGNATURE File:Application for OC form revised Tan 2007/2011 Z abed Z899LOM& 95%OZio-9102 FIRST AMENDMENT TO MASTER DEED 33.41 SECOND STREET CONDOMINIUM 13AYRIDGE DEVELOPMENT LLC,a Massachusetts limited liability company,with a principal place of business located at 434 Broadway, Lawrence, MA 01841, the Declarant of the 33-41 Second Strect Condominiurn,which was cheated by Master Deed dated November 18,2015 and recorded with the]North Essex Registry of Deeds at book 14450 page 170 and the owner of 2/3 interest of the individual unit interests in the common area and facilities and pursuant to Section 8 of said Master Deed Hereby amends the Master Deed to Include the following: Section 19. Operatipn and Maintenance Flan. The infiltration structure and the catch basin sediment sump, and vane grates shall be owned and operated by a.condominium association created among the unit owners. The association shall be responsible for the operation and maintenance of the drainage facilities. The association or its designated agent, shall inspect the stormwater management system. 4 times per year, including visual inspection catch basin sediment sump and roof downspouts,.The association shall ensure that no portion oftlie stormwater maanagenneut sysiern is damaged, blocked or otber+,vise in a state that prevents its proper operation. The associations all ensure that accu�mu a W silt and—debns wit ttt`n the catch basin is removed in a timely manner. The catch basin shall be cleaned when the sediments reaches a depth of 2 feet within the sump (1/2 depth of sump) and cleaned at east annually in the spring following winter sanding. Illicit discharges are to be prohibited. The property Owner shall report any illicit discharges once discovered to the Nortb Andover Police and Health Departments. The association should have the parking area swept of sand and debris after the winter sanding season, It is recommended that the parking lot be swept more often,as needed,if sediment and debris is visually present. E a6ed Z89940MG 9£:9t oziolLOZ Y � EXECUTED as a sealed instrument this day of December,2015 BAYRJ1)GEJ)EVEi,, HENT LLC By: Gene spinola Manager COMMONWEALTH OF MASSAC.HUSETTS Essex,ss. December �lo ,2015 On this « day of December,2015,before me,the undersigned notfuy public,;personally appeared Gene E pinUla, Manager of Bayridge Development ILC proved to me through satisfactory evidneo of identification,which weresource of ID)to be the person whose name is signed on the preceding or attached document,and acknowledged to me that hie signed it voluntary as Manager for its stated purpose . �o p'uBLIC� Notary Public: comM 1 nitciq Masspel�usom My Commission Expires: Y�amtws ra --- --- - - - -- APPLICATION FOR CERTIFICATE OF OCCUPANCY/INSPECTION bAATlP `pP`4 g BUILDING PERMIT `�- �SsaCHuss ADDRESS/LOCATION OF PROPERTY: `7' �7�e zq�c( Z aT(z (3— � -kms s y i 3 3 3 Map �Q Parcel Lot Number SUBDIVISION: DATE REQUESTED FILEDMA.DY FOR INSPECTION:_ CLOSING DATE ON PROPERTY: FIVE{5)DAYS NOTICE PRIOR TO CLOSING DATE IS REOUMD ALL WORK AND SIGN-OFFS MUST BE COMPLETED WITHIN THIS TIME FRAME. A REINSPECTION FEE OF TWENTY DOLLARS ($20.00)WILL BE CHARGED IF THE-STRUCTURE DOES NOT MEET ALL APPLICABLE CODES, APPLICANT SIGNATURE Permit Issued to: 2),( Address: �� ROUTING TOWN ENGINEER, SITE PL --Di RIVE-W,AY REVIEW CONSERVATION ° C'It4I�� PLANNING C DP - W WATBR METER SEWER CONNECTION l�' DPW MUST INDICATE THAT THE WATER METER HAS BEEN INSTALLED PRIOR TO SUBMITTAL OF THE OCCUPANCY/INSPECTION REQUEST SIGNATURE File:Applicatidh for OC form revised Jan 2007/2011 1 ® DATE(MMIDDNYYY) A�o EVIDENCE OF PROPERTY INSURANCE 12/3/2015 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST. AGENCY 1PHONE (978)486-1000 COMPANY (ALC,Na,Ext): Volunteer Insurance Agency Northern Security PO Box 278 PO Box 188 222 Great Rd Suite #5 Littleton MA 01460 Montpelier VT 056010188 IAI�c-,No):(97e)4ee-0245 ;E-MAILss: joe@volunteerins.com CODE: 2 61 SUB CODE: --- -- AGENCY C 00115588 USTOMER)D�;—.. INSURED LOAN NUMBER POLICY NUMBER 33-41 Second Street Condo Trust IBP28014974 434 Broadway EFFECTIVE DATE EXPIRATION DATE I CONTINUED UNTIL 12/14/2015 12/14/2016 'TERMINATED IF CHECKED Lawrence MA 01841 THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATIONIDESC RI PTION 33-41 Second Street North Andover, MA. 01845 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COVERAGE INFORMATION COVERAGE I PERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE Special Form, Blanket All Coverage,Building 100% Replacement Cost I 950 000 1,00 (All in Coverage) All in Basis Liability each occurance 6 aggregate 2,000,000 Employee Dishonesty 50,000 ; i Number of Units: (3) I � REMARKS(including Special Conditions CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST NAME AND ADDRESS MORTGAGEE ADDITIONAL INSURED i I LOSS PAYEE LOAN# AUTHORIZED REPRESENTATIVE _ Niru Yadav/LESPIN ACORD 27(2009112) ©1993-2009 ACORD CORPORATION. All rights reserved. INS027(200912).02 The ACORD name and logo are registered marks of ACORD 19- 2 CK 1 0 9 m 3 5*1 DECLARATION OF TRUST AND RULES AND REGULATIONS 33-41 SECOND STREET CONDOMINIUM TRUST DECLARATION OF TRUST made this�day of November, 2015, at North Andover, Essex County, Massachusetts,by BAYRIDGE DEVELOPMENT LLC (hereinafter the"Trustee", which term and pronoun referring thereto shall be deemed to include its successors in trust hereunder and to mean the "Trustee" or "Trustees" for the time being hereunder wherever the context so permits) and to be recorded with the Essex County Registry of Deeds, (the "Registry of Deeds"). The address of the Trustee is as follows: 434 Broadway Lawrence, MA 01841 ARTICLE I Name of Trust The Trust hereby created shall be known as the 33-41 Second Street Condominium Trust (the "Trust") and under that name, so far as legal, convenient and practicable, shall all business carried on by the Trustees be conducted and shall all instruments in writing by the Trustees be executed. ARTICLE II The Trust Purposes Section 2.1 Unit Owner's Organization - All of the rights and powers in and with respect to the common areas and facilities (the "Common Areas and Facilities") of the 33-41 Second Street Condominium (the "Condominium") established by a Master Deed recorded herewith (the "Master Deed") which are by virtue of the Massachusetts General Laws, Chapter 183A ("Chapter 183A"), conferred upon or exercised by the organization of Unit Owners of the Condominium, and all property, real and personal, tangible and intangible, conveyed to the Trustees hereunder shall vest in the Trustees as joint tenants with rights of survivorship as Trustees of this Trust, in trust, to exercise, manage, administer and dispose of the same and to receive the income thereof for the benefit of the owners of record from time to time of the Units of the Condominium (hereinafter referred to as the beneficial interest) set forth in Article IV hereof and in accordance with the provisions of Section 10 of Chapter 183A for the purposes therein set forth. The provisions of this Declaration of Trust shall automatically become applicable to property which may be added to the Condominium upon the recording of an Amendment to the Master Deed submitting such additional property to the provisions of Chapter 183A of the Massachusetts General Laws. Section 2.2 Not a Partnership - It is hereby declared that a Trust and not a partnership has been created and that the unit owners ("Unit Owners") are beneficiaries, and not partners or associates nor in any other relation whatever between themselves with respect to the Trust property, and hold no relation to the Trustees other than of beneficiaries, with only such rights as are conferred upon them as such beneficiaries hereunder and under and pursuant to the provisions of Chapter 183A. ARTICLE III The Trustees Section 3.1 Trustees - The initial Trustee is as stated in the first paragraph of this Declaration of Trust, namely: Bayridge Development LLC (the "Initial Trustee"). Until 120 days after all Units in the Condominium have been conveyed by the Declarant to Unit purchasers or upon the expiration of three (3) years following the recording of this Declaration of Trust whichever shall first occur the Trustee shall be Baybridge Development LLC. At that time the Unit Owners then of record shall each have the right to appoint one Trustee subject to his or her acceptance as Trustee in the form stipulated herein. No provision of this Trust shall be interpreted so as to prevent the Unit Owner from appointing himself or herself as Trustee. In the event that any person or entity is the Owner of Record of more than one Unit such person or entity shall be entitled to appoint as many Trustees as Units owned. Unless a Trustee is appointed as provided herein the Trustee for any Unit shall be deemed to be the Unit Owner whose name first appears on such Unit Owner's Deed to their Unit. In the event a Trustee is so designated no Certificate of Appointment and/or Certificate of Acceptance shall be required to confirm such designation. In the event a Trustee is appointed as provided herein such appointment shall be effective upon the recording at the Essex County Registry of Deeds of the Certificate of such appointment signed and acknowledged as set forth. Such natural person either so designated or appointed shall become and be a Trustee and shall be vested with the title of the Trust property jointly with the remaining or surviving Trustees or Trustee without the necessity of any act or transfer or conveyance. If for any reason any vacancy in the office of Trustee shall continue for more than sixty (60) days and shall at the end of that time remain unfilled a Trustee or Trustees to fill such vacancy or vacancies may be appointed by any Court of competent jurisdiction on the application of any Unit Owner at notice to all Unit Owners and Trustees and such other parties if any to whom the Court may direct that notice may be given. -2 - Section 3.1.1 Vacancies; Appointment and Acceptance of Trustees — There shall be three (3) Trustees. If and whenever the number of Trustees shall become less than three a vacancy or vacancies shall be deemed to exist. Each vacancy in the office of Trustee shall be promptly filled(a)by an instrument in writing setting forth the appointment of a natural person to act as such Trustee signed (i) by the Declarant if no Units have been conveyed by the Declarant or (ii) if the Unit Owners have not within thirty (30) days after the occurrence of such vacancy made such an appointment by the then remaining Trustee; and (b) by the acceptance of such appointment signed and acknowledged by the person so appointed. Upon the sale of a unit the new owner of record shall be designated as Trustee or shall appoint a Trustee pursuant to the provisions of this Article. The foregoing provisions of this section notwithstanding, despite any vacancy in the office of Trustee, however caused and for whatever duration, the remaining or surviving Trustee(s) shall continue to exercise and discharge all of the powers, discretion and duties hereby conferred or imposed upon the Trustees. Section 3.2 Trustee Action - In any matter relating to the administration of the Trust hereunder and the exercise of the powers hereby conferred,the Trustees shall act by majority vote at any duly called meeting at which a quorum, as defined in Section 5.9.1,is present,provided that in no event shall a majority consist of less than two. The Trustees may act without a meeting in any case by unanimous written consent and in any cases, requiring, in their sole judgment, response to an emergency by majority written consent. Section 3.3 Resignation; Removal - Any Trustee may resign at any time by instrument in writing signed and duly acknowledged by that Trustee. Resignations shall take effect upon the recording of such instrument with the Registry of Deeds. Trustees, except those Trustees designated by the Declarant or its successors in interest, may be removed with or without cause by vote of Unit Owners entitled to not less than two-thirds (2/3) interest of beneficial interest hereunder. The vacancy resulting from such removal shall be filled in the manner provided in Section 3.1.1. Any removal shall become effective upon the recording with the Registry of Deeds of a certificate of removal signed by a majority of the remaining Trustees in office, or by two (2) Unit Owners who certify under oath that Unit Owners holding not less than 66 2/3% of the beneficial interest hereunder have voted such removal. The conveyance of a Unit by a Unit Owner to a third party purchaser shall act as a resignation of said Unit Owner (or the person designated by said Unit Owner to be a Trustee) as a Trustee without the necessity of any further recording. Section 3.4 Fidelity Bonds - The Condominium Trust shall obtain adequate fidelity insurance and/or fidelity bonds naming the Condominium Trust as the insured at least in the minimum amounts required by the Federal Home Loan Mortgage Corporation and Federal National -3 - Mortgage Association, whichever is higher, for all officers, employees and volunteers of the Condominium handling or responsible for Condominium funds. The premium on such bonds and/or insurance shall constitute a common expense. The bonds must provide for at least ten (10) days' written notice to the Owners' Organization or insurance trustee and to all eligible mortgage holders before it can be canceled or substantially modified. Any professional management firm, retained by the Condominium Trust,must be insured to the same extent as the Condominium Trust managing its own operation and must submit evidence of such coverage to the Trust. Section 3.5 Compensation of Trustees — The Trustees shall not be entitled to compensation for their services but shall be reimbursed for all out of pocket expenses incurred for the benefit of the Trust property which expenses shall constitute common expenses of the Condominium. Section 3.6 No Personal Liability -No Trustee shall under any circumstances or in any event be held liable or accountable out of his personal assets or be deprived of compensation by reason of any action taken, suffered or omitted in good faith or be so liable, accountable or deprived by reason of honest errors of judgment or mistakes of fact or law or by reason of the existence of any personal or adverse interest or by reason of anything except his own personal and willful malfeasance and defaults. Actions taken (1) by a successor Trustee after appointment by the Unit Owners and prior to recording of the written instrument required under Section 3.1.1, and (2) by the outgoing Trustee after recording of said instrument, in both cases in the good faith belief that such person holds the rights and powers of a Trustee, shall not create any liability for such person beyond that which he or she would have had as a Trustee. Section 3.7 Trustees May Deal with Condominium-No Trustee shall be disqualified by his office from contracting or dealing with the Trustees or with one or more Unit Owners (whether directly or indirectly because of his interest in any corporation, firm, trust or other organization connected with such contracting or dealing or because of any other reason),as vendor,purchaser or otherwise, nor shall any such dealing, contract or arrangement entered into in respect of this Trust in which any Trustee so dealing or contracting or being so interested be liable to account for any profit realized by any such dealing, contract or arrangement by reason of such Trustee's holding office or of the fiduciary relation hereby established,provided the Trustee shall act in good faith and shall disclose the nature of his interest before entering into the dealing, contract or arrangement. Section 3.8 Indemnity of Trustees -Each Trustee to the extent stated in Section 3.6, any outgoing and successor Trustee as to actions taken as a Trustee before the person became entitled or after the person ceased to be entitled to exercise the rights and powers of a Trustee, shall be entitled to indemnity both out of the Trust property and by the Unit Owners against any liability incurred by them or any of them in the execution hereof, including without limiting the generality of the foregoing, liabilities in contract and in tort and liabilities for damages, penalties and fines; and, acting by majority, the Trustees may purchase such insurance against liability as they shall determine is reasonable and necessary, the cost of such insurance to be a common expense of the Condominium. Each Unit Owner shall be personally liable for all sums lawfully assessed for their -4 - s share of any claims involving the Trust property in excess thereof, all as provided in Sections 6 and 13 of Chapter 183A. Nothing in this paragraph shall be deemed to limit in any respect the powers granted to the Trustees in this Declaration of Trust. ARTICLE IV Beneficiaries and the Beneficial Interest in the Trust Section 4.1 Beneficial Interest-The beneficiaries of this Trust shall be the Unit Owners of the 33- 41 Second Street Condominium for the time being. The beneficial interest in this Trust shall be divided among the Unit Owners in the percentage of undivided beneficial interest appertaining to the Units of the Condominium as determined in the Master Deed and as it may be amended from time to time. The Declarant shall at all times have the right to vote the interest of any unsold Units. Section 4.2 Each Unit to Vote by One Person - The beneficial interest of each Unit of the Condominium shall be held and exercised as a Unit and shall not be divided among several owners of any such Unit. To that end,whenever any Unit is owned of record by more than one(1)person, the several owners of such Unit shall (a) determine and designate which one of such owners shall be authorized and entitled to cast votes, execute instruments and otherwise exercise the rights appertaining to such Unit hereunder, and (b)notify the Trustees of such designation by a notice in writing signed by all of the record owners of such Unit. Any such designation shall take effect upon receipt by the Trustees and may be changed at any time and from time to time by notice as aforesaid. In the absence of any such notice of designation, the Trustees may designate any one such owner for such purpose. Each Unit Owner in the Condominium is subject to all the rights and duties assigned to Owners under the terms of the Master Deed, Declaration of Trust, Bylaws and Rules and Regulations. Developer enjoys the same rights and assumes the same duties that relate to each individual unsold Unit. All rights of a Unit Owner under this Trust may be exercised by written proxy. The Trustees shall make any necessary determinations in their sole discretion as to the validity of proxies. ARTICLE V By-Laws The provisions of this Article V shall constitute the By-Laws of this Trust and the organization of Unit Owners established hereby: - 5 - Section 5.1 Powers of the Trustees - The Trustees shall have all the powers and duties necessary for the administration of the offices of the Condominium and may do all things, subject to and in accordance with all applicable provisions of said Chapter 183A and the Master Deed, and, without limiting the generality of the foregoing, the Trustees may, with full power and uncontrolled discretion, at any time and from time to time and without the necessity of applying to any court or to the Unit Owners for leave so to do: (i) Retain the Trust property, or any parts or part thereof in the same form or forms of investment in which received or acquired by them so far and so long as they shall think fit, without liability for any loss resulting therefrom; (ii) Sell, assign, convey, transfer, exchange and otherwise deal with or dispose of the Trust property, but not the whole thereof, free and discharged of any and all trusts, at public or private sale, to any person or persons for cash or on credit, and in such manner and on such restrictions, stipulations, agreements and reservations as they shall deem proper, including the power to take back mortgages to secure the whole or any part of the purchase price of any of the Trust property sold or transferred by them, and execute and deliver any deed or other instruments in connection with the foregoing; and also the right to grant permits, licenses and easements over the common areas for utilities, roads and other purposes reasonably necessary or useful for the proper maintenance or operation of the Condominium. (iii) Purchase or otherwise acquire title,and rent,lease or hire from others for terms which may extend beyond the termination of this Trust any property or rights to property, real or personal, and own, manage, use and hold such property and such rights; (iv) Borrow or in any other manner raise such sum or sums of money or other property as they shall deem advisable in any manner and on any terms, and evidence of indebtedness which may mature at a time or times even beyond the possible duration of this Trust, and execute and deliver any mortgage,pledge or other instrument to secure any such borrowing; (v) Enter into any arrangement for the use or occupation of the Trust property, or any part or parts thereof, including,without thereby limiting the generality of the foregoing,leases, subleases, easements, licenses or concessions,upon such terms and conditions and with such stipulations and agreements as they shall deem desirable, even if the same extend beyond the possible duration of this Trust; (vi) Invest and reinvest the Trust property, or any part or parts thereof, and from time to time, as often as they shall see fit, change investments, including investment in all types of securities and other property, of whatsoever nature and however denominated, all to such extent as to them shall seem proper, and without liability for loss even though such property or such investments shall be of a character or in an amount not customarily considered proper the investment of trust funds or which may or may not produce income; -6- i (vii) Incur such liabilities, obligations and expenses and pay from the principal or the income of the Trust property in their hands all such sums as they shall deem necessary or proper for the furtherance of the purposes of this Trust; (viii) Determine whether receipt by them constitutes principal or income or surplus and allocate between principal and income and designate as capital or surplus any of the funds of the Trust; (ix) Vote in such manner as they shall think fit any or all shares in any corporation or trust which shall be held as Trust property, and for that purpose give proxies to any person, persons or to one or more of their number, vote, waive any notice or otherwise act in respect of any such shares; (x) Deposit any funds of the Trust in any bank or trust company, and delegate to any one or more of their number, or to any other person or persons, the power to deposit, withdraw and draw checks on any funds of the Trust; (xi) Engage in such litigation in the name of and on behalf of the Trust as they deem necessary and proper to further the purposes of this Trust; (xii) Maintain such offices and other places of business as they shall deem necessary or proper and engage in business in Massachusetts or elsewhere; (xiii) Employ, appoint and remove such agents, managers, officers, board of managers, brokers, engineers, architects,employees, servants, assistants and counsel(which counsel may be a firm of which one or more of the Trustees are members) as they shall deem proper for the purchase, sale or management of the Trust property, or any part or parts thereof, or for conducting the business of the Trust, and define their respective duties and fix and pay their compensation,and the Trustees shall not be answerable for the act and defaults of any such person. The Trustees may delegate to any such agent, manager, officer, board, broker, engineer, architect, employee, servant, assistant or counsel any or all of their powers (including discretionary powers, except that the power to join in amending, altering, adding to, terminating or changing this Declaration of Trust and the Trust hereby created shall not be delegated) all for such times and purposes as they shall deem proper. Without hereby limiting the generality of the foregoing, the Trustees may designate from their number a Chairman, a Treasurer, and a Secretary, and may from time to time designate one or more of their own number to be the Managing Trustees for the management and administration of the Trust property and the business of the Trust, or any part of parts thereof; (xiv) Generally,in all matters not herein otherwise specified,control and do each and everything necessary, suitable, convenient, or proper for the accomplishment of any of the purposes of the Trust or incidental to the powers herein or in said Chapter 183A, manage and dispose of the Trust property as if the Trustees were the absolute owners thereof and to do any and all acts, including -7 - the execution of any instruments,which by their performance thereof shall be shown to be in their judgment for the best interest of the Unit Owners. Section 5.2 Maintenance and Repair of Units-The Unit Owners shall be responsible for the proper maintenance and repair of their respective Units including,without limitation,interior finish walls, ceilings, and floors and interior window trim, doors, door frames and interior door trim. If the Trustees shall at any time in their reasonable judgment determine that the interior of any Unit is in such need of maintenance or repair that the market value of one or more other Units is being adversely affected or that the condition of a Unit or fixtures, furnishings, facility or equipment therein is hazardous to any Unit or the occupants, the Trustees shall in writing request the Unit Owner to correct the hazardous condition, and in case such work shall not have been commenced within fifteen (15) days (or such reasonable shorter period in case of emergency as the Trustees shall determine)of such request and thereafter diligently brought to completion,the Trustees shall be entitled to have the work performed for the account of such Unit Owner and to enter upon and have access to such Unit for that purpose. The reasonable cost of such work shall constitute a lien upon such Unit and the Unit Owner shall be personally liable therefore. Section 5.3.1 Maintenance,Repair and Replacement of Common Areas and Facilities;Assessment of Common Expenses Therefore; Trustee Access to Units. - The Trustees shall be responsible for the proper maintenance, repair and replacement of the Common Areas and Facilities of the Condominium (see Section 5.5 for specific provisions dealing with repairs and replacement necessitated because of casualty loss), which may be done through the managing agent, as hereinafter provided,and any two Trustees(one if there then be only one in office)or the managing agent or any others who may be so designated by the Trustees may approve payment of vouchers for such work. The expenses of such maintenance,repair and replacement shall be assessed to the Unit Owners as common expenses of the Condominium at such times and in such amounts as provided in Section 5.4. The Trustees and their agents shall have access to each Unit from time to time during reasonable hours for the maintenance, repair or replacement of any of the Common Areas and Facilities therein or accessible therefrom or for making emergency repairs therein necessary, in the Trustee's sole judgment, to prevent damage to the Common Areas and Facilities or to another Unit or Units. The.Trustees and their agents shall have the right to grant permits, licenses, and easements over the common elements for utilities, roads, and other purposes for the operation of the project. The Trustees and any aggrieved Unit Owner shall have a right of action against Unit Owners who fail to comply with the provisions of the Master Deed,Declaration of Trust,Bylaws and Rules and Regulations or decisions made by the Trustees. Section 5.4 Common Expense Funds - 8 - Section 5.4.1 Reserve Funds-The Unit Owners shall be liable for common expenses and, subject to the Trustees'judgment as to reserve and contingent liability funds stated below, shall be entitled to surplus accumulations, if any, of the Condominium in proportion to their beneficial interest in the Trust. The Trustees may from time to time distribute surplus accumulations, if any, among the Unit Owners in such proportions. The Trustees shall set aside common funds for reserve or contingent liabilities and the Trustees may use the funds for reserve or contingent liabilities, and may use the funds so set aside for reduction of indebtedness or other lawful capital purpose, or, subject to the provisions of the following Sections 5.4.2 and 5.4.4 for repair, rebuilding or restoration of the Trust property or for improvements thereto, and the funds so set aside shall not be deemed to be common profits available for distribution. Working capital shall be at all times maintained in a segregated account for that purpose and shall not be considered as either advanced payments of regular assessments or common profits available for distribution. Developer shall not use funds to defray any of its expenses, reserve contributions, or construction costs or to make up any budget deficits while it is in control of the Trust. Section 5.4.2 Estimates of Common Expenses and Assessments-At least thirty (30)days prior to the commencement of each fiscal year of this Trust, the Trustees shall estimate the common expenses expected to be incurred during the next fiscal year together with a reasonable provision for contingencies and reserves, and after taking into account any undistributed surplus accumulations from prior years not yet set aside for reserve or contingent liabilities, shall determine the assessment to be made for the next fiscal year. During such time that real estate taxes (including betterment assessments) are assessed against the real property described in the Master Deed as one (or more)tax parcels, but not as Condominium Units,the Trustees may collect and expend,in the same manner as common expenses, all amounts necessary to pay such real estate taxes and betterment assessments for common benefit. Each Unit shall be assessed for such real estate taxes in proportion to its beneficial interest in the Common Areas and Facilities of the Condominium. The Trustees may collect the funds for such real estate taxes in lump sums or installments, using such procedure, including installment payment in advance as they in their sole discretion shall determine and they may charge any penalties for late payment imposed by the municipal authorities to the Unit(s)responsible therefore. The Trustees shall promptly render statements to the Unit Owners which shall include the Declarant for their respective share of assessments, according to their beneficial interest in the Common Areas and Facilities, and such assessment shall, unless otherwise provided therein, be due and payable within thirty (30) days after the same is rendered. In the event that the Trustees shall determine during any fiscal year that the assessment so made is less than the common expenses actually incurred, or in the reasonable opinion of the Trustees likely to be incurred, the Trustees shall make a supplemental or special assessment or assessments and render statements therefore in the manner aforesaid. The Trustees may in their discretion provide for payment of assessments in monthly or other installments. The amount of each such assessment shall be a personal liability of each Unit Owner (jointly and severally among the owners of each Unit) and, -9 - if not paid when due, or upon the expiration of such grace period as the Trustees may (but need not) designate, shall carry a late charge in such amount or at such rate (which amount or rate need not be in proportion to the beneficial interests in this Trust) as the Trustees shall determine and, together with any such late amount shall constitute a lien on the Unit pursuant to the provisions of Section 6 of Chapter 183A. Each Unit Owner, by acceptance of a Unit Deed, agrees to pay all costs and expenses, including reasonable attorneys' fees, incurred by the Trustees in collection of said assessments for common expenses and enforcement of said lien. All Units must be allocated full assessments no later than sixty (60) days after the first Unit is conveyed. The Trustees in their sole discretion may for good cause waive all or any portion of the late charge, attorneys' fees and other costs of collection;provided however, that Trustees shall be disqualified from voting with respect to any Unit owned or occupied by such Trustee. Section 5.4.3. Trustees Authorize Tax Abatement Application - No Unit Owner shall file an application for abatement for real estate taxes without the written approval of the Trustees which approval shall not be unreasonably withheld. Section 5.4.4 Application of Common Funds- The Trustees shall expend common funds only for the purposes permitted by this Trust and Chapter 183A. Section 5.4.5 Notice of Default to Mortgagees - Upon written request addressed to the Trustees by a first mortgagee of any Unit, the Trustees shall notify such mortgagee of any default by the mortgagor of such Unit in the performance of the mortgagor's obligations under the Master Deed or this Declaration of Trust not cured within thirty (30) days of default. Section 5.5 Rebuilding and Restoration after Casualty; Improvements Section 5.5.1 Determination of Scope of Loss - In the event of any casualty loss to the Trust property, the Trustees shall determine in their reasonable discretion whether or not such loss exceeds ten percent(10%)of the value of the Condominium immediately prior to the casualty, and shall notify all Unit Owners of such determination. If such loss as so determined does not exceed ten percent (10%) of such value, the Trustees shall proceed with the necessary repairs, rebuilding or restoration in the manner provided in Paragraph(a)of Section 17 of Chapter 183A. If such loss as so determined exceeds ten percent (10%) of such value, the Trustees shall forthwith submit to all Unit Owners (a) a form of agreement (which may be in several counterparts) among the Unit Owners authorizing the Trustees to proceed with the necessary repairs, rebuilding or restoration and (b) a copy of the provisions of Section 17; and the Trustees shall thereafter proceed in accordance with, and take such further action as they may in their discretion deem advisable in order to implement the provisions of Paragraph(b) of Section 17. Section 5.5.2 Submission to Unit Owners of Proposed Improvements - If and whenever the Trustees shall propose to make any improvement to the Common Areas and Facilities of the - 10 - Condominium or shall be requested in writing by the Unit Owners holding twenty-five percent or more of the beneficial interest in this Trust to make any such improvement,the Trustee shall submit to all Unit Owners (a) a form of agreement (which may be in several counterparts) specifying the improvement or improvements proposed to be made and the estimated cost thereof, and authorizing the Trustees to proceed to make the same, and (b) a copy of the provisions of Section 18 of Chapter 183A. Upon the receipt by the Trustees.of such agreement signed by the Unit Owners holding seventy-five percent (75%) or more of the beneficial interest or the expiration of ninety(90)days after such agreement was first submitted to the Unit Owners,whichever shall first occur,the Trustees shall notify all Unit Owners of the aggregated percentage of beneficial interest held by Unit Owners who have then signed such agreement. If such percentage exceeds seventy- five percent (75%), the Trustees shall proceed to make the improvement or improvements specified in such agreement and, in accordance with Section 18 of Chapter 183A, shall charge the cost of improvement to all the Unit Owners. The agreement so circulated may also provide for separate agreement by the Unit Owners that if more than fifty(50%)percent,but less than seventy- five (75%) percent of the beneficial interest so consent, the Trustees shall proceed to make such improvement or improvements and shall charge the same to Unit Owners so consenting. Nothing contained in this paragraph shall be deemed to limit or prohibit the right of the Declarant to construct any improvement necessary or appropriate for the development of the 33-41 Second Street Condominium. Section 5.5.3 Arbitration of Disputed Trustee Action -Notwithstanding anything in Section 5.5.1 and 5.5.2, in the event that any Unit Owner(s),by written notice to the Trustees, shall dissent from any determination of the Trustees with respect to the value of the Condominium or any other determination or action of the Trustees under this Section 5.5 and such dispute shall not be resolved within thirty (30) days after such notice, then either the Trustees or the dissenting Unit Owner(s) shall submit the matter to arbitration. For that purpose, one arbitrator shall be designated by the Trustees, one by Unit Owner(s), and a third by the two arbitrators so designated. Such arbitration shall by conducted in accordance with rules and procedures of the American Arbitration Association and shall be binding upon all parties. The Trustee's decision that work constitutes a repair, rebuilding or restoration other than an improvement shall be conclusive and binding on all Unit Owners unless shown to have been made in bad faith. The Trustees shall in no event be obliged to proceed with any repair,rebuilding or restoration, or any improvement,unless and until they have received funds in an amount equal to the Trustees' estimate of all costs thereof. Section 5.6 Administrative Rules and Regulations - The Trustees may from time to time adopt, amend and rescind administrative rules and regulations governing the operation and use of the Common Areas and Facilities and such restrictions and requirements respecting the use and maintenance of the Units and the use of the Common Areas and Facilities as are consistent with the Master Deed and are designed to prevent unreasonable interference with the use by the Unit Owners of their Units and of the Common Areas and Facilities. The Trustee hereby adopts the initial Rules and Regulations annexed to this Declaration of Trust. - I1 - Section 5.7 Managing Agent - The Trustees may, in their discretion, appoint a manager or managing agent to administer the management and operation of the Condominium, including the incurring of expenses, the making of disbursements and the keeping of accounts as the Trustees shall from time to time determine. The Trustees or such manager or managing agent may appoint, employ and remove such additional agents, attorneys, accountants or employees as the Trustees shall determine. Any such agreement must provide for termination by either party without cause and without payment of a termination fee,upon no more than ninety(90) days' notice. Section 5.8 Insurance Section 5.8.1 Basic Insurance - The Trustees shall obtain and maintain, to the extent available at reasonable cost, master policies of insurance of the following kinds, insuring the interests of the Trust, the Trustees, all Unit Owners and their mortgagees as their interests may appear: (A) Casualty or physical damage insurance on the buildings and all other insurable improvements forming part of the Condominium (including all of the Units; the general and limited common elements within the Condominium; the fixtures, machinery, equipment, and supplies maintained for service of the Condominium;and the fixtures,improvements,alterations,and equipment within the individual Units but not including furniture,furnishings and other personal property of the Unit Owners therein),now existing or as they may from time to time be increased by amendment to the Master Deed, in an amount not less than one hundred percent (100%) of their full replacement value,with a standard Replacement Cost Endorsement and an Agreed Amount Endorsement or its equivalent, if available (exclusive of land, footings,excavations, and foundations) against(1) loss or damage by fire and other hazards covered by the standard fire and extended coverage endorsement, together with coverage for the payment of common expenses with respect to damaged Units during the period of reconstruction, and (2) such other hazards and risks as the Trustees from time to time in their discretion shall determine to be appropriate, including but not limited to vandalism, malicious mischief, windstorm and water damage, boiler and machinery explosion or damage and plate glass damage. All policies of casualty or physical damage insurance shall provide (to the extent such clauses are so obtainable) (1) that such policies may not be canceled or substantially modified without at least thirty days' prior written notice to all of the insureds, including each Unit mortgagee, and (2)that the coverage thereof shall not be terminated for nonpayment of premiums without thirty days' notice to all of the insureds, including each Unit mortgagee. Certificates of such insurance and all renewals thereof,together with proof of payment of premiums, shall be delivered by the Trustees to Unit Owners and their mortgagees upon request at least ten days prior to the expiration of the then current policies. (B) Comprehensive public liability insurance including so- called "Broadening Endorsement" with Severability of Interest Endorsement or equivalent coverage covering all other Common Areas and Facilities in such amounts and forms as shall be determined by the Trustees,naming the Trust, the Trustees, the Unit Owners and any manager or managing agent of the Condominium with coverage of at least$1,000,000.00 for claims for bodily injury or property damage arising out - 12 - of any single occurrence, a limit of$50,000.00 for each occurrence for water damage and legal liability endorsement to cover liability of any insured to other insureds. (C) Workman's compensation and employer's liability insurance covering any employee of the Trust. The Trustees may, in their sole discretion,purchase such other insurance as they shall deterinine, including without limitation, any additional insurance which shall be necessary to comply both with the requirements of the Federal Home Loan Mortgage Corporation(FHLMC)and the Federal National Mortgage Association(FNMA). Section 5.8.2 Payment to Trustees in Case of Loss - Such master policies shall provide that all casualty loss proceeds thereunder shall be paid to the Trustees as insurance trustees under these By- Laws. The duty of the Trustees as such insurance trustees shall be to receive such proceeds as are paid and to hold,use and disburse the same for the purposes stated in this Section and Section 5.5. If repair or restoration of the damaged portions of the Condominium is to be made, all insurance loss proceeds shall be held in shares for the Trust and the owners of damaged Units, in proportion to the respective costs of repair or restoration of the Common Areas and Facilities and damaged Units, with each share to be disbursed to defray the respective costs of repair or restoration of the damaged Common Areas and Facilities and damaged Units,and with any excess of any such share of proceeds above such costs of repair or restoration to be paid to the Trust or Unit Owners for whom held upon completion of repair or restoration; but if, pursuant to Section 5.5, restoration or repair is not to be made, all insurance loss proceeds shall be held as common funds of the Trust and applied for the benefit of Unit Owners in proportion to their beneficial interests in the Trust if the Condominium is totally destroyed, and, in the event of a partial destruction, after payment for such restoration of the Common Areas and Facilities as the Trustees may determine, to those Unit Owners who have suffered damage in proportion to the damage suffered by them. Such application for the benefit of Unit Owners shall include payment directly to a Unit Owner's mortgagee if the mortgagee with respect to such Unit so requires. Section 5.8.3 Other Provisions - In addition to the coverage and provisions set forth in Section 5.8.1, the Trustees shall see that all policies of physical damage insurance: (1) shall contain waivers of subrogation by the insurer as to claims against the Condominium, the Trustees, their employees,Unit Owners and members of the family of any Unit Owner who resides with said Unit Owner, except in cases of arson and fraud; (2) shall contain a waiver of defense of invalidity on account of the conduct of any of the Unit Owners over which the Trustees have no control; (3) shall provide that in no event shall the insurance under said policies be brought into contribution with insurance purchased and held individually by Unit Owners or their mortgagees; (4) shall exclude policies obtained by individual Unit Owners from consideration under any "no other insurance" clause. The Trustees may include a deductible provision, but said provision may not exceed the lower of$5,000.00 or one (I%) percent of the applicable amount of coverage, in any of such insurance policies. Funds for such deductibles must be included in the Trust's reserves and - 13 - i i be so designated; (5) shall cause the appraisal or appraised value to be reviewed at least annually, and if necessary shall increase the amount of coverage on the Master Policy; and(6) shall have an Inflation Guard Endorsement. Section 5.8.4 Unit Owners' Insurance and Responsibility for Increase in Premiums of Master Policy -Each Unit Owner may obtain additional insurance for his or her own benefit at his or her own expense. No such policy shall be written so as to decrease the coverage under any of the policies obtained by the Trustees pursuant to Section 5.8.1 above, and each Unit Owner hereby assigns to the Trustees the proceeds of any such policy to the extent that any such policy does in fact result in a decrease in such coverage, said proceeds to be applied pursuant to the terms of this Section 5.8 as if produced by such coverage. Copies of all such policies (except policies covering only personal property of individual Unit Owners) shall be filed with the Trustees. Section 5.8.5 Improvements by Unit Owners (A) No Unit Owner shall make any addition, alteration or improvement in or to his Unit which may affect the structure or mechanical systems of the Condominium without the prior written consent thereto of the Trustees,which consent shall not be unreasonably withheld,but may contain such conditions as they deem appropriate including, without limitation, restrictions in the manner of performing such work and requirements for builder's risk and liability insurance. (B) All additions, alterations or improvements to any Unit (whether or not affecting the structural or mechanical systems of the Condominium)shall be performed in compliance with all applicable laws, regulations and codes, and when required thereby, by licensed contractors, and in such manner as not to unduly inconvenience or disturb the occupants of the Condominium. (C) Each Unit Owner shall notify the Trustees of all improvements to his or her Unit (except personal property other than fixtures) which exceed a total value of One Thousand ($1,000.00) Dollars within twenty (20) days after the commencement of construction of such improvements and upon receipt of such notice, the Trustees shall notify the insurer under any policy obtained pursuant to Section 5.8.1 hereof of any such improvements. Any premium increase caused by such improvements may be assessed to the owners of the improved Unit. No Unit Owner shall be entitled to receive insurance proceeds for the repair, restoration or rebuilding of any such improvements not so reported to the Trustees, unless otherwise consented to by unanimous vote of the Trustees. (D) The provisions of this Section 5.8.5 shall not apply to Units owned by the Declarant prior to the initial sale thereof. - 14 - Section 5.8.6 Insurance a Common Expense - The cost of the insurance purchased pursuant to Section 5.8 shall be a common expense assessable and payable as provided in Section 5.4. Section 5.9 Meetings Section 5.9.1 Meetings of Trustees - The Trustees shall meet annually on the date of the annual meeting of the Unit Owners and at such meeting may elect a Chairman, Treasurer, Secretary and any other officers they deem expedient. Other meetings may be called by any Trustee and in such other manner as the Trustees may establish,provided,however,that written notice of each meeting stating the place, day and hour thereof shall be given at least two days before such meeting to each Trustee. A majority of the Trustees then in office shall constitute a quorum at all meetings. Such meetings shall be conducted in accordance with such rules as the Trustees may adopt. Section 5.9.1.1 Trustees' Votes; Majority Vote Defined - Each Trustee shall have one vote. A majority vote shall mean the vote of a majority of Trustees then in office. Section 5.9.2 Meetings of Unit Owners - There shall be an annual meeting of the Unit Owners on the first Wednesday of December in each year at 7:00 p.m. at such reasonable place as may be designated by the Trustees by written notice given by the Trustees to the Unit Owners at least fourteen (14) days prior to the date so designated. Special meetings (including a meeting in lieu of a passed annual meeting) of the Unit Owners may be called at any time by the Trustees and shall be called by them upon the written request of Unit Owners entitled to more than fifty (50%) percent of the beneficial interest of the Trust. Written notice of any special meeting, designating the place, day and hour thereof, shall be given by the Trustees to the Unit Owners at least seven days prior to the date so designated. Section 5.9.3 Notice of Certain Matters; Quorum; Majority ote - Whenever at any meeting the Trustees propose to submit to the Unit Owners any matter with respect to which specific approval of, or action by, the Unit Owners is required by law or this Trust, the notice of such meeting shall so state and reasonably specify such matter. Unit Owners, represented in person or by proxy, entitled to not less than 66 2/3% interest of the beneficial interest of this Trust shall constitute a quorum at all meetings. Any action voted at a meeting shall require the vote of not less than 66 2/3% interest of the beneficial interest in the Trust except where other provisions of the Trust or Chapter 183A require a larger percentage. The Unit Owners may take any action requiring a vote without a meeting only by unanimous written consent. Section 5.10 Trustees' Records of Unit Owners and Unit Mortgagees Deemed Conclusive - On each transfer of an ownership interest in or the grant of any mortgage on a Unit, the person or persons acquiring the interest or mortgage shall have the duty to give the Trustees written notice of their interest or mortgage in the Unit and,in the case of persons acquiring an ownership interest, of the correct name of all the owners of the Unit and of any mortgagee thereof. Unless otherwise required by law,records of owners and mortgagees maintained by the Trustees shall be conclusive - 15 - for all purposes, including without limitation,for all notices to Unit Owners, for owners'meetings and all owner votes and for amendments to the Master Deed and this Condominium Trust; and the Trustees may, but shall have no obligation to, examine the records of the Registry of Deeds to determine ownership of Units. Unless otherwise required by law, all actions, including without limitation amendments to this Trust or to the Master Deed of the Condominium shall be valid if taken by the requisite number of Unit Owners as they appear on the Trustee's records of ownership; provided, as to actions recorded with the Registry of Deeds,that the Trustees so certify under oath, and such certificate is recorded with the Registry of Deeds. Section 5.10.1 Notices to Unit Owners - Every notice to any Unit Owner required under the provisions of this Trust or which may be deemed by the Trustees necessary or desirable in connection with the execution of the Trust created hereby or which may be ordered in any judicial proceeding shall be deemed sufficient and binding if given in writing by one or more of the Trustees to such Unit Owner by mailing it, postage prepaid, addressed to such Unit Owner at his address as it appears upon the records of the Trustees if other than at his Unit in the Condominium or by mailing or delivering it to such Unit if such Unit appears as the Unit Owner's address or if no address appears, at least seven days prior to the date fixed for the happening of the matter,thing or event of which such notice is given. The Owner or Owners of each Unit shall have the responsibility of providing the Trustees with any address other than the Unit to which they desire notice to be mailed. Section 5.11 Inspection of Books; Reports to Unit Owners - Books, accounts and records of the Trustees shall be open to inspection to any one or more of the Trustees and the Unit Owner and the first mortgagee of any unit at all reasonable times. The Trustees shall, as soon as reasonably possible after the close of each fiscal year, or more often if convenient to them, submit to the Unit Owners a report of the operations of the Trust for such year. If the Trustees so determine, or if any Unit Owner so requests in writing to the Trustees,the report shall include financial statements by a certified public accountant which may, but need not be certified, as the Trustees shall determine, and shall be in such summary form and in only such detail as the Trustees shall deem proper. Any person who has been furnished with such report and shall have failed to object thereto by notice in writing to the Trustees given by registered mail within a period of one month of the date of his or her receipt of the report shall be deemed to have assented thereto. Section 5.12 Checks, Notes, Drafts and Other Instruments - Checks, notes, drafts and other instruments for the payment of money drawn or endorsed in the names of the Trustees or of the Trust may be signed by any two Trustees (or by one Trustee if there is only one),or by any person or persons to whom such power may at any time or from time to time have been delegated by not less than a majority of Trustees. Section 5.13 Fiscal Year - The fiscal year of the Trust shall be the year ending with the last day of December or such other date as may from time to time be determined by the Trustees. - 16- ARTICLE VI Rights and Obligations of Third Parties Dealing with the Trustees Section 6.1 Reliance on Identity of Trustees No purchaser, mortgagee, lender or other person dealing with the Trustees as they then appear on record in the Registry of Deeds shall be bound to ascertain or inquire further as to the persons who are then Trustees under this Trust,or be affected by any notice, implied or actual, otherwise than by a certificate thereof, and such record or certificate shall be conclusive evidence of the personnel of the Trustees and of any changes therein. The receipts of the Trustees, or any one or more of them,for monies or things paid or delivered to them or him shall be effectual discharges therefrom to the persons paying or delivering the same and no persons from whom the Trustees, or any one or more of them, shall receive any money, property or other credit shall be required to see to the application thereof. No purchaser, mortgagee, lender or other person dealing with the Trustees or with any real or personal property which then is or formerly was Trust property shall be bound to ascertain or inquire as to the existence of occurrence of any event or purpose in or for which a sale, mortgage,pledge or charge is herein authorized or directed or otherwise as to the purpose or regularity of any of the acts of the Trustees, and any instrument or appointment of a new Trustee or resignation or removal of an old Trustee purporting to be executed by the Trustees, Unit Owners or other persons required by this Trust to execute the same, shall be conclusive in favor of any such purchaser or other person dealing with the Trustees of the matters therein receipted relating to such discharge, resignation, removal or appointment or the occasion thereof. Section 6.2 Personal Liability Excluded -No recourse shall at any time be had under or upon any note,bond,contract,order,instrument,certificate,undertaking,obligation,covenant or agreement, whether oral or written, made, issued or executed by the Trustees or by an agent or employee of the Trust, or by reasons of anything done or omitted to be done by or on behalf of them or any of them, against the Trustees individually, or against any such agent or employee, or against any beneficiary, either directly or indirectly,by legal or equitable proceedings or by virtue of any suit or otherwise, and all persons extending credit to, contracting with or having any claim against the Trustees shall look only to the Trust property for any debt, damage,judgment or decree, or of any money that may otherwise become due or payable to them from the Trustees, so that neither the Trustees nor the beneficiaries, present or future, shall be personally liable therefore;.provided, however, that nothing herein contained shall be deemed to limit or impair the liability of Unit Owners under provisions of Section 3.8 of this Trust or under provisions of Chapter 183A. Section 6.3 All Obligations Subiect to This Trust - Every note, bond, contract, order, instrument, certificate, undertaking, obligation, covenant or agreement, whether oral or written,made, issued, or executed by the Trustees,or by any agent or employees of the Trustees, shall be deemed to have been entered into subject to the terms,conditions,provisions and restrictions of this Trust,whether or not express reference shall have been made to this instrument. - 17 - Section 6.4 Further Matters of Reliance - This Declaration of Trust and any amendments to this Trust and any certificate required by the terms of this Trust to be recorded and any other certificate or paper signed by the Trustees or any of them which it may be deemed desirable to record shall be recorded with said Registry of Deeds and such recording shall be deemed conclusive evidence of the contents and effectiveness thereof according to the tenor thereof, and all persons dealing in any manner whatsoever with the Trustees, the Trust property or any beneficiary thereunder shall be held to have notice of any alteration or amendment of this Declaration of Trust, or change of Trustee or Trustees, when the same shall be recorded with said Registry of Deeds. Any certificate signed by two Trustees in office at the time(or by only one Trustee if there is only one at the time), setting forth as facts any matters affecting the Trust, including statements as to who are the beneficiaries, as to what action has been taken by the beneficiaries and as to matters determining the authority of the Trustees, or any one of them to do any act, when duly acknowledged and recorded with said Registry of Deeds shall be conclusive evidence as to the existence of such alleged facts in favor of all third persons, including the Trustees, acting in reliance thereon. Any certificate executed by any Trustee hereunder, or by a majority of the Trustees hereunder, setting forth the existence of any facts, the existence of which is necessary to authorize the execution of any instrument or the taking of any action by such Trustee or majority, as the case may be, shall, as to all persons acting in good faith in reliance thereon be conclusive evidence of the truth of the statements made in such certificate,the existence of the facts therein set forth and the existence of the authority of such one or more Trustees to execute and deliver the designated instrument on behalf of the Trust. Section 6.5 Common Expense Certificate - Notwithstanding any other provision of this Article VI, any certificate setting forth the amount of unpaid common expenses assessed against any Unit Owner as provided by subsection (d) of Section 6 of Chapter 183A shall be conclusive evidence of the facts stated therein if signed by any Trustee then in office. ARTICLE VII Amendments and Termination Section 7.1 Amendments - The Trustees, with the consent in writing of Unit Owners entitled to not less than two-thirds (2/3) interest of the beneficial interest in this Trust, may at any time and from time to time amend, alter,add to, or change this Declaration of Trust in any manner or to any extent (except those provisions granting special rights to the Declarant or its successor), the Trustees first,however,being duly indemnified to their reasonable satisfaction against outstanding obligations and liabilities;provided always,however,that no such amendment,alteration,addition or change (a) according to the purport of which the percentage of the beneficial interest hereunder of any Unit Owner would be altered or in any manner or to any extent whatsoever modified or affected, so as to be different from the percentage of the individual interest of such Unit Owner in - 18 - the Common Areas and Facilities as set forth in the Master Deed, and any amendment thereto, or (b)which would render this Trust contrary to or inconsistent with any requirements or provisions of Chapter 183A, shall be valid or effective. Any amendment, alteration, addition or change pursuant to the foregoing provisions of this paragraph shall become effective upon the recordation with the Registry of Deeds of any instrument of amendment, alteration, addition or change as the case may be, signed, sealed and.acknowledged in the manner required in Massachusetts for the acknowledgment of deeds by any two Trustees, if there be at least two then in office (or by one. Trustee if there be only one in office), setting forth in full the amendment, alteration, addition or change and reciting the consent of the Unit Owners required by this Trust to consent thereto. Such instrument, so executed and recorded, shall be conclusive evidence of the existence of all facts and of compliance with all prerequisites to the validity of such amendment, alteration, addition or change whether stated in such instrument or not,upon all questions as to title or affecting the rights of third persons and for all other purposes. Nothing in this paragraph shall be construed as making it obligatory upon the Trustees to amend, alter, add to or change the Declaration of Trust upon obtaining the necessary consent as hereinabove provided. Furthermore, any instrument or amendment which eliminates, impairs or otherwise adversely affects any rights special to or retained by the Declarant including but not limited to, the Declarant's right and ability to develop and/or market the Condominium, shall not be of any force or effect unless it is assented to in writing by the Declarant, or any successor to the Declarant's interest in the Condominium, and this assent is recorded with such amendment at the Registry of Deeds. Where mortgagee consent is required under the Declaration of Trust and/or Chapter 183A, the instrument of amendment shall be deemed assented to by the holders of the first mortgagees or record with respect to the Units upon the giving of at least sixty (60) days written notices sent to said mortgagees by certified mail/return receipt requested. All consents obtained pursuant to this Section shall be effective upon the recording of an affidavit by the Trustees stating that all necessary notices have been sent via certified mail/return receipt requested, and the receipt cards have been returned evidencing actual notice or refusal of notice to such mortgage holders of record. Section 7.1.1 Special Amendment. Notwithstanding anything herein contained to the contrary, so long as the Declarant owns at least one Unit in the Condominium the Declarant reserves the right and power to file and record a special amendment("Special Amendment")to this Declaration of Trust at any time and from time to time which amends this Declaration of Trust, only in order (i) to comply with requirements of the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Veterans Administration or any other governmental agency or any other public, quasi-public, or private entity which performs (or may in the future perform) functions similar to those currently performed by such entities; (ii)to induce any of such agencies or entities to make, purchase, sell, insure or guarantee first mortgages covering Unit Ownerships; (iii) create any easements or Limited Common Areas and Facilities as reserved by the Declarant; or(iv) to bring the Master Deed and this Declaration of Trust into compliance with Chapter 183A of the General Laws of Massachusetts, or to meet the requirements of applicable laws and governmental regulations, permits, approvals, or directives; or (v) to correct clerical or typographical errors or to cure any ambiguity, inconsistency, formal defect or omission in this - 19 - Declaration of Trust or any exhibit hereto or any supplement or amendment hereto. In furtherance of the foregoing, a power coupled with an interest is hereby reserved and granted to the Declarant to vote in favor of, make or consent to a Special Amendment on behalf of each owner as proxy or attorney-in-fact, as the case may be. Each deed,mortgage,trust deed,other evidence of obligation or other instrument affecting a Unit and the acceptance thereof, shall be deemed to be a grant and acknowledgment of, and a consent to the reservation of the power to the Declarant to vote in favor of, make, execute and file and record Special Amendments. The right of the Declarant to act pursuant to rights reserved or granted under this section shall be automatically assigned to the Trustees of the 33-41 Second Street Condominium Trust at such time as neither the Declarant nor any assignee of the Declarant's rights hereunder shall hold or control title to any Unit. Section 7.2 Termination - The Trust hereby created shall terminate only upon the removal of the Condominium from the provisions of Chapter 183A in accordance with the procedure therefore set forth in Section 19 thereof. Section 7.3 Disposition of Trust Property Upon Termination-Upon the termination of this Trust, the Trustees may, subject to and in accordance with the provisions of Chapter 183A, sell and convert into money the whole of the Trust property,or any part thereof,and,after paying or retiring all known liabilities and obligations of the Trustees and providing for indemnity against any other outstanding liabilities and obligations, shall divide the proceeds thereof among, and distribute in kind, at valuations made by them which shall be conclusive, all other property then held by them in trust hereunder,to the Unit Owners according to their respective beneficial interest stated in this Trust or the Master Deed. In making any sale under this section, the Trustees shall have power to sell by public auction or private sale or contract and to buy in or rescind or vary any contract of sale and to resell without being answerable for loss, and, for said purposes, to do all things, including the execution and delivery of instruments,as may by their performance thereof be shown to be in their judgment necessary or desirable in connection therewith. The powers of sale and all other powers herein given to the Trustees shall continue as to all property at any time remaining in their hands or ownership, even though all times herein fixed for distribution of Trust property may have passed. ARTICLE VIII Construction and Interpretation Section 8.1 Construction. In the construction hereof, whether or not so expressed, words used in the singular or in the plural respectively include individuals, firms, associations, companies (joint stock or otherwise), trusts and corporations unless a contrary intention is reasonably required by the subject matter or context. The title headings of different parts hereof are inserted only for convenience of reference and are not to be taken to be any part hereof or to control or affect the meaning, construction, interpretation or effect hereof. All the trusts,powers and provisions herein -20 - contained shall take effect and be construed according to the laws of the Commonwealth of Massachusetts. Unless the context otherwise indicates, words defined in Chapter 183A still have the same meaning here. Section 8.2 Waiver. The provisions of this Trust shall be waived only in writing by the party charged therewith, and not by conduct, no matter how often repeated. Section 8.3 Partial Invalidity. The invalidity of any provision of this Trust shall not impair or affect the validity of the remainder of this Trust and all valid provisions shall remain enforceable and in effect notwithstanding such invalidity. [Signature Page Follows] -21 - IN WITNESS WHEREOF, the above named Trustee have set his hand and seal on this day and year first hereinabove set forth. BAYRIDGE DE LOPMENT LLC, as Trustee By: Gene Espi ola, Manager COMMONWEALTH OF MASSACHUSETTS Essex, ss. November , 2015 On this L day of November, 2015 before me, the undersigned notary public, personally appeared Gene Espinola, Manager of Bayridge Development LLC, as Trustee aforesaid proved to me through satisfactory evidence of identification, which were 1�e (source of ID)to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntary as Manager for its stated purpose Its GREGORY N. EATON NOTARY PUBLIC Notary Public: *,1 �Vjj(t Commonwealth of Massachusetts My Commission Expires: My Commission Expires January 1, 2021 -22 - RULES AND REGULATIONS OF 33-41 SECOND STREET CONDOMINIUM TRUST All Unit Owners at the 33-41 Second Street Condominium Trust and their families,tenants, guests and invitees, and licensees are expected to abide by these Rules and Regulations. The original copy of the Rules and Regulations is attached to the Declaration of Trust of the 33-41 Second Street Condominium Trust. They are as follows: 1. No part of the 33-41 Second Street Condominium, North Andover, Massachusetts, (the "Condominium"), shall be used for any purposes except those set forth in the Master Deed (the "Master Deed") of even date and recorded with the Declaration of Trust of the 33-41 Second Street Condominium Trust (the "Trust"). 2. There shall be no obstruction of the Common Areas and Facilities nor shall anything be stored in the Common Areas and Facilities without the prior consent of the Trustees of the Trust (hereinafter collectively the "Trustees"), except as expressly provided herein, in the Master Deed or in the Trust. Each Unit Owner shall be obligated to maintain and keep in good order and repair his own Unit and any area or facility, the exclusive use of which is provided to said Unit, in accordance with the provisions of the Trust and Master Deed. 3. Nothing shall be done or kept in any Unit or in the Common Areas and Facilities, which will increase the rate of insurance of the Condominium, or contents thereof, applicable for residential use, without the prior written consent of the Trustees. No Unit Owner shall permit anything to be done, or kept in his Unit, or in the Common Areas and Facilities which will result in the cancellation of insurance on the Condominium or the contents thereof, or which would be in violation of any law. No waste shall be committed in the Common Areas and Facilities. 4. No Unit Owner shall cause or permit anything to be hung or displayed on the outside of windows or placed on the outside walls or doors of any building or Units, and no sign, awning, canopy, shutter, or radio or television antenna shall be affixed to or placed upon the exterior walls or doors, roof or any part thereof, or exposed on or at any window, without the prior consent of the Trustees. Any antennae or dish receivers shall only be affixed in locations that are not visible from the street level. 5. Unit Owners may keep in their Units dogs, cats, or other household pets,but no more than two (2) household pets per Unit and each pet weight shall not exceed 751bs, and such -23 - household pets may be permitted in the Common Areas and Facilities, subject to the following rules and regulations: (a) Such pets may not be kept, bred or maintained for any commercial purposes; (b) Household pets shall not be permitted on.any grass or garden plot, or in any other portion of the Common Areas and Facilities unless leashed; (c) All wastes generated by such household pets in or on any portion of the Common Areas and Facilities or in any Unit (other than the Unit of the owners of such pet) shall be immediately removed and properly disposed of by the Owner of such household pet. (d) Each Unit Owner keeping such a pet which violates any of said rules and regulations or causes any damage to or requires the clean-up of any Unit (other than the Unit of the owner of such pet) or the Common Areas and Facilities, is offensive or causes or creates any nuisance or unreasonable disturbance or noise shall be: i. fined in an amount determined by the Trustees or assessed by the Trustees for the cost of the repair of such damage or cleaning or elimination of such nuisance, and/or ii. required by the Trustees at their sole discretion to permanently remove such pet from the Unit upon three (3) days'written notice from the Trust. (e) Each Unit Owner allowing a pet in his or her Unit will indemnify and hold harmless the Trustees of the Condominium Trust and the Unit Owners from and against any and all suits, claims, actions, loss, cost or expense (including reasonable attorneys' fees) made, brought against, or suffered or incurred by any such indemnified parties arising out of or in connection the conduct of such pet. 6. No Unit Owner shall engage in or permit any noxious or offensive activities, or make or permit any noises by himself, his family, servants, employees, agents, visitors, lessees, licensees, or household pets,nor do himself nor permit anything to be done by which such persons or pets, either willfully or negligently, which: (a) May be or become an annoyance or nuisance to the other Unit Owners or occupants, (b) Will interfere with the rights, comforts or conveniences of other Unit Owners, (c) May or does cause damage to any other Unit or to the Common Areas and Facilities, or -24 - (d) Results in the removal of any article or thing of value from any other Unit Owner's Unit or from the Common Areas and Facilities. (e) The Unit Owner making or permitting such nuisance,interference, damage or removal shall be responsible for the elimination of such nuisance or interference and for the costs of the repair of such damage or replacement of the item removed. The Trustees shall assess to such Unit Owner such costs. 7. Total volume of television sets, radios, phonographs, and musical instruments shall at all times be kept at a reasonably low sound level to avoid bothering the neighbors. 8. No clothes, sheets, blankets, laundry, rugs or any kind of other articles shall be hung out of the windows or doors of any Unit or exposed on or in any part of the Common Areas and Facilities. The Common Areas and Facilities shall be kept free and clear of all rubbish, debris, and other unsightly materials. 9. Nothing shall be altered in, constructed in, or removed from the Common Areas and Facilities except upon the written consent of the Trustees. 10. No part of the Common Areas and Facilities shall be decorated or furnished by any Unit Owner in any manner without the prior written consent of the Trustees. 11. Each Unit Owner shall keep his Unit and any areas or facilities,the exclusive use of which is provided to said Unit, in a good state of preservation and cleanliness. 12. All radio, television or other electrical equipment of any kind or nature installed or used in each Unit shall fully comply with all rules, regulations,requirements, or recommendations of the Board of Fire Underwriters and the public authorities having jurisdiction, and the Unit Owner alone shall be liable for any damage or injury caused by any radio, television, or other electrical equipment in such Unit. 13. No exterior lighting equipment, fixtures, or facilities, shall be attached to or utilized for any Unit without the prior consent of the Trustees. 14. Any maintenance, repair or replacement of Common Areas and Facilities which is the responsibility of the Unit Owner pursuant to the Master Deed shall be done only by contractors or workmen approved by the Trustees. 15. No Unit Owner or occupant or any of his agents, servants, employees, licensees, lessees, or visitors shall at any time bring into or keep in his Unit any flammable, combustible, or explosive fluid, material, chemical, or substance, except such lighting and cleaning fluids as are customary for residential use. -25 - 16. If any key or keys are entrusted by a Unit Owner or occupant or by any member of his family, or by his agent, servant, employee, licensee, lessee, or visitor, to the Trustees, or any agent or employee of the Trust,whether for such Unit or an automobile,trunk, or other item of personal property, the acceptance of the key shall be at the sole risk of such Unit Owner or occupant, and such agent, employee and the Trust shall not be liable for injury, loss, or damage of any nature whatsoever directly or indirectly resulting therefrom or connected therewith. 17. The Trustees,or their designated agent,may retain a pass key to each Unit. No Unit Owner shall alter any lock or install a new lock or a knocker on any door of a Unit without the written consent of the Trust. In case such consent is given, the Unit Owner shall provide the Trust, or its designated agent, with an additional key pursuant to its right of access to the Unit. 18. All personal property of the Unit Owner in the Units, or the Common Areas and Facilities, the exclusive use of which is provided to the Unit, and elsewhere, shall be kept therein at the sole risk and responsibility of the respective Unit Owner, and neither the Trustees, nor their respective successors or assigns, shall bear any responsibility therefore. 19. The Trustees may require, at their discretion, not less than 60% of the area of the wood floor shall be covered by area rugs. 20. Each Unit Owner assumes responsibility for his own safety, actions, and conduct, and that of his family, guests, agents, servants, employees, licensees, lessees and household pets. 21. Any consent or approval given by the Trustees under these Rules and Regulations may be added to, amended, or repealed at any time by the Trustees. 22. These Rules and Regulations may be amended from time to time as provided in the Master Deed, the Trust or as otherwise provided. 23. The Trustees and/or their agents and employees shall be authorized to enter any Unit in the Building, at any time in case of an emergency, and at all other times during reasonable hours by prior appointment with each Unit Owner, or their tenants, for the purpose of inspecting such Unit and for the purpose of performing work. In the event that an appointment is made and confirmed with a Unit Owner for work to be done in a unit or for work in a common area for which access to a unit is required, and the Unit Owner shall neglect or refuse to provide access as scheduled, the Unit Owner shall be assessed a fine or penalty of fifty ($50.00) dollars. -26 - 24. In order to ensure uniformity of appearance and exterior of the Condominium, all Units shall contain blinds approved by the Trustees and all window treatments shall appear white from the exterior of the Building. All draperies,window coverings,and window treatments of every description and curtains in each Unit, as well as any other material, must be fire resistant and comply with the standards set by the New England Fire Insurance Rate Board. -27 - I C � �� ,, + ,a �(�—i �� ,� � �� . ,(�' J I _ 33-41 SECOND STREET CONDOMINIUM A CONDOMINIUM AT 33-41 SECOND STREET BOSTON,MASSACHUSETTS MASTER DEED BAYRIDGE DEVELOPMENT LLC, a Massachusetts limited liability company, with a principal place of business located at 434 Broadway, Lawrence, MA 01841 (the "Declarant" which term shall include its successors and assigns), being the sole owner of the land with the buildings and improvements thereon situated in Lawrence, Essex County, Massachusetts, as more particularly described in Section 2 below, by duly executing and recording this Master Deed does hereby submit said land together with the buildings and improvements now or hereafter erected thereon, and all easements, rights and appurtenances belonging thereto (the "Premises") to the provisions of Chapter 183A of the Massachusetts General Laws (as from time to time amended, hereinafter referred to as "Chapter 183A"),and do hereby proposes to create and does hereby create with respect to the Premises, a condominium to be governed by and subject to the provisions of Chapter 183A, and to that end declares thus: Section 1. Name. The name of the Condominium shall be 33-41 Second Street Condominium (the "Condominium"). Section 2.- Description of Land. The premises which constitute the Condominium comprise the land (the "Land") described on Exhibit A, attached hereto and incorporated by this reference, situated at 33-41 Second Street, North Andover, Massachusetts, together with the improvements and buildings now existing thereon, as shown on a plan entitled, "Condominium Site Plan of the 33-41 Second Street Condominium", dated August 11,2015,prepared by Andover Consultants, Inc. and recorded herewith (the "Site Plan"). Section 3. Description of Building. The Condominium consists of a building (the "Building") within which there are three (3) residential units (individually, a "Unit" and collectively,the "Units"). The Building consists of three above-grade levels and a basement. The Building is of wood framed construction with poured concrete foundation and an asphalt shingled roof. Each Unit is heated and cooled by an HVAC unit. The Units are separately metered for heat and electricity, water and sewer. Common area electricity, water and sewer charges are separately metered and the cost of such services is part of the common area charge. Section 4. Floor Plans, Designations of Units and their Boundaries. A. The floor plan of the Building showing the layout, location, unit designation and dimensions of the Units stating that the Building has no name and bearing the verified statement of a registered professional engineer certifying that the plans fully and accurately depict the same, as built, captioned "Condominium Floor Plan of the 33-41 Second Street Condominium", dated August 11, 2015 prepared by Andover Consultants, Inc.(the"Floor Plan") and the Site Plan of the Condominium (collectively, the "Plans") are recorded herewith and are part of this Master Deed. B. The Units,their designations,locations,approximate area,number and composition of rooms and the immediate common areas to which each has access are as shown on Exhibit B attached hereto and incorporated herein by this reference. The boundaries of each of the Units are as follows: (i) Floors: The plane of the upper surface of the sub-flooring or in the case of those floors without sub-flooring the plane of the upper surface of the floor slab or the upper surface of the floor joists. (ii) Ceilings: The plane of the lower surface of the ceiling joists or in the case of a unit situated immediately beneath an exterior roof the plane of the lower surface of the roof rafters. (iii) Interior Building Walls Between Units and Between Units and Common Areas: The plane of the interior surface of the wall furrings or studs or the plane of the surface facing such unit of the masonry or cement when masonry or cement is the finish material. (iv) Exterior Building Walls: The plane of the interior surface of the wall furring or the plane of the interior surface of the masonry or cement when masonry is the finish material. (v) Doors and Windows: As to doors leading to Common Areas and Facilities, the exterior surface of the doors and the exterior unfinished surface of the door frame; as to windows, the exterior surface of the glass and of the sash, and the exterior unfinished surface of the window frame. (vi) Fireplaces: As to fireplaces, the fireplace veneer fire box and flue located within or appurtenant to each Unit, if any, shall be considered part of the Unit. C. Each Unit Owner (individually, a "Unit Owner", and collectively, the "Unit Owners") may at any time and from time to time change the use and designation of any room or space within said Unit subject always to the provisions of Section 6 hereof. D. Each Unit includes all nonstructural walls within the boundaries of such Unit and the ownership of all utility lines, heating, air conditioning, cooling, plumbing, hot water heaters, telephone, electrical, and other apparatus and other equipment, which exclusively serve and are located within the individual Unit. E. Each Unit includes, without limitation, to the extent such may exist from time to time, the ownership of the hot water heaters,telephone,electrical and any other apparatus or other equipment, which exclusively serves the individual Unit and is located outside such Unit. Each Unit Owner shall have the exclusive right,as appurtenant to their Unit,to use the lines,pipes,ducts 2 or any other equipment connecting said heating and air conditioning apparatus, hot water heaters, telephone, electrical and other apparatus and equipment serving said Unit. Unit Owners shall have sole responsibility and bear the cost of maintenance, repair and replacement, as necessary, of all apparatus, which exclusively serves the Unit. A Unit Owner is hereby granted limited access to those Common Area Facilities in which the apparatus exclusively servicing a Unit is located for the specific purpose of maintaining, repairing, or replacing as necessary that apparatus and equipment. F. Each Unit Owner, except as set forth herein, shall have the exclusive right, as appurtenant to their Unit, to use, common area entrances to and from the streets, walkways and yards that serve as access to and from such Units(each of the foregoing comprises a portion of the Common Areas and Facilities defined in Section 5 hereof). G. Except as set forth in this Master Deed, each Unit Owner shall have the right, as appurtenant to their Unit, to use, in common with the Unit Owners of the other Units served thereby, all heating, air conditioning,utility lines and other common facilities located in any of the other Units or in the Common Areas and Facilities described in Section 5 hereof, and serving that Unit for the purpose in which it is intended. Nothing herein shall otherwise be construed to limit the right of any Unit Owners to use other Common Areas and Facilities (as defined hereafter in Section 5 hereof)in accordance with the intended purposes thereof,except as specifically provided by Section 5.1 hereof. H. The Trustees of the Condominium Trust hereinafter described shall have a right of entry to each Unit to make emergency repairs or other necessary repairs upon reasonable prior notice to the Unit Owner and only in the presence of the Unit Owner or the Unit Owner's agent, to the Unit which the Unit Owner has failed to perform. Section 5. Common Areas and Facilities. The common areas and facilities of the Condominium (hereinafter referred to as the "Common Areas and Facilities" or "Common Elements") consist of: A. The Land described in Exhibit A, together with the benefit of and subject to all rights, easements, restrictions and agreements created by this Master Deed and all matters of record, if any, so far as the same may be in force; and B. All portions of the Premises not included in any Unit by virtue of the Plans and Section 4 above including,without limitation,the following to the extent such may exist from time to time: (i) The foundation, structural columns, girders, beams, supports, exterior walls, entrances and exits of the Building, other structural components whether or not located within any Unit, and common walls within the Building. (ii) Installations of central services, such as power (whether electric or otherwise), light, gas, hot and cold water, heating, air conditioning, and waste disposal, including all equipment attendant thereto wherever located 3 (but not including equipment contained within and servicing a single Unit, the repair, maintenance and replacement of which shall be the sole responsibility of the Unit). (iii) All conduits, chutes, ducts, plumbing, wiring, flues and other facilities for the furnishing of utility services or waste removal and all such facilities contained within any Unit which serve parts of the Building other than the Unit within which such facilities are contained. (iv) The yards, lawns, gardens, roads, walkways, roof, and the improvements thereon and thereof, including walls, bulkheads, railings, steps, lighting fixtures,planters,decks and steps and other areas not within the boundaries of the Units as defined in this Master Deed, whether or not improved. (v) All equipment and other apparatus and installations existing in the Building for the common use, or necessary or convenient for the existence, maintenance or safety of the Building. (vi) Such additional Common Areas and Facilities as may be defined in Chapter 183A. (vii) All other portions of the Condominium designated as common areas on the Plans. C. Each Unit Owner shall be entitled to an undivided interest in the Common Areas and Facilities of the Condominium in the percentages shown on Exhibit"C"attached to this Master Deed and incorporated herein by reference. These percentage interests have been computed, conformably with Chapter 183A, upon the approximate relation which the fair market value of each Unit on the date of this Master Deed bears to the aggregate fair market value of all the Units on that date. The percentage interest in the Common Area and Facilities may not be conveyed or alienated separately from the Unit and any conveyance, encumbrance, judicial sale, or transfer (voluntary of involuntary)of an individual interest in the Common Area and Facilities will be void unless the Unit to which that interest is allocated is also transferred. D. The Common Areas and Facilities shall be subject to the provisions of the By-Laws of the 33-41 Second Street Condominium Trust recorded herewith (the "Trust")and the Rules and Regulations attached thereto which are incorporated herein by reference, as the same may be amended from time to time. E. If any portion of the Common Areas and Facilities of the Condominium shall actually encroach upon any Unit or if any Unit shall actually encroach upon any portion of the common areas or any other Unit, as these are shown on the Plans, there shall be deemed to be mutual easement in favor of the Unit Owners collectively as owners of the common areas and the respective individual Unit Owners involved to the extent of such encroachments so long as the same shall exist. 4 Section 5.1 Limited Common Areas and Facilities. Limited common areas and facilities shall be defined as a portion of the Common Areas and Facilities described in this Master Deed or shown on the plan as reserved for a particular unit for the exclusive use, subject to the rights of the Trust and others as set forth herein, of one or more but fewer than all the Units (hereinafter referred to as "Limited Common Areas and Facilities" or "Limited Common Elements") and include the following: A. Parking Spaces: There are eight (8) parking spaces located as shown on the Condominium Site Plan recorded herewith. Each Unit shall have the exclusive use of the parking spaces attributable to that Unit as shown on said site plan which right to use such parking spaces shall be appurtenant to a Unit. The two (2) visitor's spaces are available for use on a first come first served basis. The Trustees may adopt reasonable rules and regulations governing the use of parking spaces by owners. B. Decks and Exterior Stairways. The Owners of each Unit shall have, as an appurtenance to his or her Unit, the exclusive right and easement to use the deck, steps and porch area(s)to which each Unit has direct access as shown on the Plans as reserved to such unit thereon. Each Unit Owner shall maintain the deck area to which he or she has access in a clean and orderly manner and shall keep the stairs clean and free and clear of all objects that would impede passage thereon. The deck steps and porch are part of the Common Areas and Facilities. The Trustees shall maintain, repair and replace the deck, steps and porch area as necessary and such cost shall be a common expense C. In the event that inspection, maintenance, repair or replacement of the Building or portions thereof(including the roof or utilities or fixtures serving the Condominium)requires work to be performed on a portion of the Premises that is adjacent to or located below or above any of the Limited Common Areas and Facilities, the Unit Owner that has the exclusive right to use such Limited Common Areas and Facilities shall permit such work to be performed and provide access to such Limited Common Areas and Facilities and its Unit to the Trustees and their employees, contractors and agents. In the event such work requires the removal, alteration and/or restoration of such Limited Common Areas and Facilities, such removal, alteration and/or restoration shall be performed by the Trustees, their employees, contractors or agents at the sole cost and expense of the Trust(except for any work necessitated by the negligence, misuse or neglect of a Unit Owner, or its tenants, occupants or invitees, in which case the cost thereof shall be paid by such Unit Owner). D. The provisions of this Section 5.1 shall at all times take precedence over any other provisions of this Master Deed and the Declaration of Trust. No Amendment or modification of the Declaration of Trust or By-Laws or Rules and Regulations thereto shall effect or interfere with the right and easements held by the Unit Owner as set forth in this Section 5.1 without the prior written consent of the owners of the Unit(s)affected thereby or regarding Parking Spaces, without the prior written consent of the Parking Space Owner affected thereby. Section 6. Statement of Purposes; Restrictions on Use. The Units and the Common Areas and Facilities therein are intended to be used as follows: 5 A. The Building and each of the Units are intended only for residential purposes; provided, however,that any of the Units may also be used as an office but only as an accessory to such residential use and only if and to the extent such accessory office use is permitted by applicable zoning laws. B. No Unit shall be used or maintained in any manner which unreasonably interferes with the use and enjoyment of any other Unit or of the Common Areas and Facilities, and to that end no noxious or offensive activity shall be carried on in any Unit, or in the Common Areas and Facilities, nor shall anything be done therein which may be or become an annoyance or nuisance to the occupant of any other Unit. No person within the Common Areas and Facilities of the Condominium or in any Unit therein shall make or permit any conduct or noise that unreasonably interferes with the rights, comforts or convenience of the occupant of any Unit. C. No Unit shall be used for any purpose not specified in this Section 6. D. Except as may be approved by the Trustees which approval shall not be unreasonably withheld, no portion of a Unit (other than the entire Unit) may be leased or rented and in any event may not be leased for periods of less than twelve (12) months. No Unit may be used, by way of rental or otherwise, for transient purposes. E. The architectural and structural integrity of the Building and the Units shall be preserved without modification, and to that end, unless permitted in writing by a majority of the Trustees,no awning,screen,antenna,sign,banner or other device and no exterior change,addition, structure, projection, decoration or other feature shall be erected or placed upon or attached to the Building, any Unit, or any part thereof. . F. No Unit shall be used or maintained in a manner contrary to or inconsistent with the By-Laws of the Condominium Trust and the Rules and Regulations which may be adopted pursuant thereto. G. No Unit Owner shall make any addition,alteration or improvement in or to the Unit which may affect the structural integrity or mechanical systems of the Condominium without the prior written consent of the Trustees, which consent may contain such conditions including, without limitation, restrictions in the manner of performing such work and requirements for insurance, as the Trustees deem reasonable and necessary. All additions, alterations or improvements to any Unit (whether or not affecting the structural or mechanical systems of the Condominium) shall be performed in compliance with all applicable laws and in a manner as not to unduly inconvenience or disturb the occupants of the Condominium. H. These restrictions shall be for the benefit of all Unit Owners and shall be administered on behalf of the Unit Owners by the Trustees of the Trust, and shall be enforceable solely by the Trustees, insofar as permitted by law, and shall be perpetual; and to that end may be extended at such time or times and in such manner as permitted or required by law for the continued enforceability thereof. No Unit Owner shall be liable for any breach of the provisions of this section except such as occur during his or her Unit ownership. 6 Section 7. Special Amendment. A. Notwithstanding anything herein contained to the contrary, so long as the Declarant owns at least one Unit in the Condominium,the Declarant reserves the right and power to file and record a special amendment ("Special Amendment") to this Master Deed at any time and from time to time without the consent of the Trustees, any Unit Owner, or their Mortgagees, which amends this Master Deed in the following mariner: (i) to comply with requirements of the FNMA, FHLMC, the Veterans Administration or any other governmental agency or any other public, quasi-public,or private entity which performs (or may in the future perform) functions similar to those currently performed by such entities; (ii) to induce any of such agencies or entities to make, purchase, sell, insure or guarantee first mortgages covering Unit ownerships; (iii) create any easements or Limited Common Areas and Facilities as reserved by the Declarant, (iv) to bring this Master Deed into compliance with Chapter 183A of the General Laws of Massachusetts or to meet the requirements of applicable laws and governmental regulations, permits, approvals, or directives; or (v) to correct clerical or typographical errors or to cure any ambiguity, inconsistency, formal defect or omission in this Master Deed or any exhibit hereto or any supplement or amendment hereto provided such Special Amendment does not materially adversely affect rights and interests of the Unit Owners. B. In furtherance of the foregoing, a power coupled with an interest is hereby reserved and granted to the Declarant to vote in favor of, make, or consent to a Special Amendment on behalf of each Owner as proxy or attorney-in-fact, as the case may be. Each deed,mortgage,trust deed, other evidence of obligation or other instrument affecting a Unit and the acceptance thereof, shall be deemed to be a grant and acknowledgment of, and a consent to the reservation of the power to the Declarant to vote in favor of,make, execute and file and record Special Amendments. The right of the Declarant to act pursuant to rights reserved or granted under this section shall be automatically assigned to the Trustees of the 33-41 Second Street Condominium Trust at such time as neither the Declarant nor any assignee of the Declarant's rights hereunder shall any longer hold or control title to any Unit. C. Any right or power reserved to the Declarant in this Section 7, or elsewhere in this Master Deed may be conveyed and assigned, absolutely or as security, as an appurtenant right and power or to be held in gross; however, any such right or power may only be conveyed or assigned specifically and a conveyance of a Unit or Units of the Condominium alone shall not operate as a transfer of any such right or power. Section 8. Amendments. This Master Deed may be amended by an instrument in writing (a) signed and acknowledged in proper form for recording by the Unit Owners entitled to not less 7 than two-thirds (2/3) interest of the individual unit interests in the Common Areas and Facilities, (b) signed and acknowledged in proper form for recording by a majority of the Trustees of the Trust, and (c) duly recorded with the Northern Essex County Registry of Deeds, PROVIDED, HOWEVER, that, except for the Declarant's reserved rights as provided herein: A. No instrument of amendment,which materially alters the dimensions of any Unit, shall be of any force or effect unless the same has been signed by the Unit Owners of the Unit so altered; B. No instrument of amendment which alters the percentage of the undivided interest to which any Unit is entitled in the Common Areas and Facilities shall be of any force or effect unless the same has been signed by all Unit Owners and said instrument is recorded as an Amended Master Deed; C. No instrument of amendment affecting any Unit in any manner which impairs the security of a first mortgage of record held by a bank or insurance company shall be of any force or effect unless the same has been assented to by the holder of such mortgage; D. No instrument of amendment which alters this Master Deed in any manner which would render it contrary to or inconsistent with any requirements or provisions of Chapter 183A shall be of any force or effect; E. No instrument of amendment which purports to affect any rights reserved to or granted to the Declarant shall be of any force or effect without the consent of the Declarant; and F. The date on which any-.instrument of amendment is first signed by a Unit Owner shall be indicated thereon as the date thereof and no such instrument shall be of any force or effect unless that same has been so recorded within six (6)months after such date. G. Where mortgagee consent is required under the Master Deed and/or Chapter 183A, the instrument of amendment shall be deemed assented to by the holders of the first mortgagees of record with respect to the Units upon the giving of sixty (60) days written notice sent to said mortgagees by certified mail/return receipt requested. All consents obtained pursuant to this Section 8 shall be effective upon the recording of an affidavit by the Trustees stating that all necessary notices have been sent via certified mail/return receipt requested, and the receipt cards have been returned evidencing actual notice or refusal of notice to such mortgage holders of record. Section 9. Provisions for Protection of Mortgagees. Notwithstanding anything in the Master Deed, the By-Laws of the Condominium Trust, or the Rules and Regulations promulgated pursuant thereto to the contrary, the following provisions shall apply for the protection of the holders of the first mortgages (hereinafter "First Mortgagees") of record with respect to the Units and shall be enforceable by any First Mortgagee. To the extent that there are inconsistencies in any voting requirements hereunder, the higher percentage necessary for approval shall prevail: A. In the event that the Unit Owners shall amend this Master Deed or the Condominium Trust to include therein any right of first refusal in connection with the sale of a Unit, such right of first refusal shall not impair the rights of a First Mortgagee to: 8 (i) foreclose or take title to a Unit pursuant to the remedies provided in its mortgage; or (ii) accept a deed (or assignment) in lieu of foreclosure in the event of default by a mortgagor; or (iii) sell or lease a Unit acquired by the First Mortgagee through the procedures described in subparagraphs (i) and (ii) above. B. Any party who takes title to a Unit through a foreclosure sale duly conducted by a First Mortgagee shall be exempt from any such right of first refusal adopted by the Unit Owners and incorporated in this Master Deed or the Condominium Trust. C. Any First Mortgagee who obtains title to a Unit by foreclosure or pursuant to any other remedies provided in its mortgage or by law shall not be liable for such Unit's unpaid common expenses or dues which accrued prior to the acquisition of title to such Unit by such First Mortgagee (except as otherwise permitted by Massachusetts laws -- i.e., M.G.L., Chapter 183, Section 6). D. Any and all common expenses, assessments and charges that may be levied by the Trust in connection with unpaid expenses or assessments shall be subordinate to the rights of any First Mortgagee pursuant to its mortgage on any Unit except as otherwise permitted by Massachusetts law as noted above. E. A lien for common expenses and assessments shall not be affected by any sale or transfer of a Unit, except that a sale or transfer pursuant to a foreclosure of a First Mortgage shall extinguish a subordinate lien for assessments which became payable prior to such sale or transfer. Any such delinquent assessments which are extinguished pursuant to the foregoing provision may be reallocated and assessed to all Units as a common expense. Any such sale or transfer pursuant to a foreclosure shall not relieve the purchaser or transferee of a Unit from liability for, nor the Unit from the lien of any assessments made thereafter. F. Except as provided by Chapter 183A in case of condemnation or substantial loss to the Units and/or Common Areas and Facilities of the Condominium, unless sixty seven percent (67%) of the First Mortgagees holding mortgages on the individual Units of the Condominium (based upon one vote for each first mortgage owned),or owners(other than the sponsor,developer, or builder of the individual Condominium Units) have given their prior written approval, neither the Trustees of the Condominium Trust nor the Unit Owners, by amendment to this Master Deed or otherwise, shall be entitled to: (i) by any act or omission, seek to abandon or terminate the Condominium, except in the event of substantial destruction of the Condominium by fire or other casualty or in the case of taking by condemnation or eminent domain; or (ii) change the pro rata interest or obligations of any individual Unit for the purpose of- 9 £9 (a) levying assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards, or (b) determining the pro rata share of ownership of each Unit in the Common Areas and Facilities; (iii) partition or subdivide any Unit; or (iv) by any act or omission,seek to abandon,partition,subdivide,encumber,sell or transfer the Common Areas and Facilities provided that the granting of easements for public utilities or for other public purposes consistent with the intended use of the Common Areas and Facilities shall not be deemed an action for which prior consent of the First Mortgagees shall be required pursuant to this Subsection; or (v) use hazard insurance proceeds on account of losses to either the Units or the Common Areas and Facilities for other than the repair,replacement or reconstruction thereof, except as otherwise provided by statute in case of a taking of or substantial loss to the Units and/or Common Areas and Facilities. G. Consistent with the provisions of Chapter 183A, all taxes, assessments and charges which may become liens prior to a first mortgage under the laws of the Commonwealth of Massachusetts shall relate only to the individual Units and not to the Condominium as a whole. H. In no event shall'any provision of this Master Deed or By-Laws of the Trust give a Unit Owner or any other party priority over any rights of a First Mortgagee pursuant to its mortgage in case of a distribution to such Unit Owner of insurance proceeds or condemnation awards for losses to or a taking of such Unit and/or the Common Areas and Facilities. The Trust shall represent the Unit Owners in any condemnation proceedings or in negotiations,settlements and agreements with the condemning authority for acquisition of the common areas, or part thereof, and the Condominium Trust is hereby appointed as attorney-in-fact for the foregoing purpose. In the event of a taking or acquisition of part or all of the common areas by a condemning authority, the award or proceeds of settlement shall be payable to the Trust for the use and benefit of the Unit Owners and their mortgagees as their interest may appear.. 1. A First Mortgagee, which term shall include any holder,insurer or guarantor of any first mortgage, upon request made to the Condominium Trust shall be entitled to: (i) written notification from the Condominium Trust of any default by its borrower who is an owner of a Unit with respect to any obligation of such borrower under this Master Deed or the provisions of the By-Laws of the Condominium Trust which is not cured within sixty (60) days; (ii) inspect the books and records of the Condominium Trust at all reasonable times; 10 (iii) receive an annual financial statement of the Condominium Trust within one hundred and twenty (120) days following the end of any fiscal year of the Condominium Trust or if there is no audited financial statement available, any mortgage holder may have an audited statement prepared at its own expense; (iv) receive written notice of all meetings of the Condominium Trust and be permitted to designate a representative to attend all such meetings; and receive written notice of any proposed action which would require the consent of mortgage holders under the Master Deed or By-Laws; (v) receive prompt written notification from the Condominium Trust of any damage by fire or other casualty to the Unit upon which the First Mortgagee holds a first mortgage or any proposed taking by condemnation or eminent domain of said Unit or the Common Areas and Facilities; (vi) receive written notice of any lapse, cancellation or modification of any insurance or fidelity bond required to be obtained by the Trustees; (vii) upon written request the Condominium Trust shall make available for inspection during normal business hours to any Unit Owner or mortgagee,current copies of the Master Deed, Declaration of Trust, By-Laws, and other rules concerning the Condominium and the books, records, and financial statements of the Trust; and (viii) receive written notice of any proposed action that requires the consent of a specific percentage of eligible first mortgage holders. J. No agreement for professional management of the Condominium or any other contract with Declarant may exceed a term of three (3) years, and any such agreement shall provide for termination by either party without cause and without payment of a termination fee on ninety(90) days or less written notice. K. Except for amendments to the Master Deed, Declaration of Trust and By-Laws or termination of the Condominium made as a result of destruction, damage or condemnation above set forth: . (i) The consent of Unit Owners of Units to which at least 66 2/3% of the total percentage interest is allocated and the assent of not less than fifty-one percent (51%) of the eligible First Mortgagees (based upon one vote for each mortgage owned), shall be required to terminate the legal status of the Condominium; and (ii) The consent of Unit Owners of Units to which at least 66 2/3% of the total percentage interest is allocated and the assent of not less than fifty-one percent (51%) of the eligible First Mortgagees(based upon one vote for each mortgage owned),unless a greater or lesser percentage shall be required by applicable statute, shall be required to add or amend any material provisions of the Condominium documents of the Condominium,which establish, provide for, govern or regulate any of the following: it (a) voting rights; (b) increases in assessments that raise the previously assessed amount by more than 25%, assessment liens, or subordination of assessment liens; (c) reserves for maintenance, repairs and replacement of common areas; (d) responsibility for maintenance and repairs; (e) reallocation of interests in the general or limited common areas, or rights to their use; (f) redefinition of any Unit boundaries; (g) expansion or contraction of the project, or the addition, annexation, or withdrawal of property to or from the project; (h) convertibility of Units into common areas or vice versa; (i) hazard or fidelity insurance requirements; (j) imposition of any restriction on the leasing of Units; (k) imposition of any restrictions on a Unit Owner's right to sell or transfer his or her Unit; (1) a decision by the owners' association to establish self-management when professional management had been required previously by an eligible mortgage holder; (m) restoration or repair of the project(after a damage or partial condemnation) in a manner other than that specified in the documents; (n)any action to terminate the legal status of the project after substantial destruction or condemnation occurs; or (o) any provisions that expressly benefit mortgage holders, insurers or guarantors. (iii)Where mortgagee consent is required under the Master Deed and/or Chapter 183A,the instrument of amendment shall be deemed assented to by the holders of the first mortgagees of record with respect to the Units upon the giving of sixty (60) days written notice sent to said mortgagees by certified mail/return receipt requested. All consents obtained pursuant to this Section 9 shall be effective upon the recording of an affidavit by the Trustees stating that all necessary notices have been sent via certified mail/return receipt requested, and the 12 receipt cards have been returned evidencing actual notice or refusal of notice to such mortgage holders of record. L. All leases or rental agreements for Units shall be in writing and specifically subject to the Master Deed, the Declaration of Trust, the By-Laws, and the Rules and Regulations of the Condominium and no Unit shall be leased or rented for a period of less than three hundred and sixty-five (365) days. M. To the extent permitted by applicable law,first mortgage holders shall also be afforded the following rights: (i) Any restoration or repair of the project, after a partial condemnation or damage due to an insurable hazard, shall be performed substantially in accordance with the Master Deed and the original plans and specifications, unless other action is approved by at least fifty- one percent(51%) of the eligible first mortgage holders of mortgages on Unit estates. (ii) Any election to terminate the legal status of the project after substantial destruction or a substantial taking in condemnation of the project property must require the approval of at least fifty-one percent (51%) of the eligible holders of first mortgages on Unit estates. (iii) When professional management has been previously required by any eligible mortgage holder or eligible insurer or guarantor, whether such entity became an eligible mortgage holder or eligible insurer or guarantor at that time or later, any decision to establish self-management by the Trust shall require the prior consent of owners of Unit estates to which at least 66 2/3% of the total percentage interest is allocated and the approval of at least fifty-one percent (51%) of the eligible first holders of mortgages on Unit estates. N. The Declarant intends that the provisions of this Section 9 and all other provisions of this Master Deed comply with the requirements of Federal Home Loan Mortgage Corporation (hereinafter referred to as "FHLMC") and Federal National Mortgage Association (hereinafter referred to as "FNMA") with respect to condominium mortgage loans and, except as otherwise required by the provisions of Chapter 183A, all questions with respect thereto shall be resolved consistent with that intention. In the event of any conflict between the percentage requirements of FNMA, FHLMC, other sections of the Master Deed and Massachusetts General Laws Chapter 183A with respect to any action or non-action to be taken or omitted by the Unit Owners or Trustees of the Condominium Trust, or with respect to any other matter, the greatest percentage requirements shall control. This Section 9 may be amended only with prior written approval of First Mortgagees representing 100% in number and Beneficial Interest of the mortgaged Units in the Condominium and 100% in Beneficial Interest of the Unit Owners of Units in the Condominium. Section 10. The Unit Owners' Organization. The Trust through which the Unit Owners will manage and regulate the Condominium established hereby is the 33-41 Second Street Condominium Trust under Declaration of Trust recorded herewith. In accordance with Chapter 183A, the Declaration of Trust enacts By-Laws and establishes a membership organization of 13 which all Unit Owners shall be members and in which the Unit Owners shall have a beneficial interest in proportion to the percentage of undivided interest in the Common Areas and Facilities to which they are entitled under this Master Deed. The name and address of the original and present Trustee of the Condominium Trust, so designated in the Declaration of Trust, are as follows: Bayridge Development LLC, Trustee 434 Broadway Lawrence, MA 01841 Section 11. Pipes, Wires, Flues, Ducts, Cables, Conduits, Public Utility Lines and Other Common Areas located Inside of Units. Each Unit Owner shall have an easement in common with owners of all other Units to use all pipes, wires, ducts, flues, cables, conduits, public utility lines and other Common Areas and Facilities located in such Unit and serving other Units or Common Areas and Facilities or other portions of the Condominium. The Trustees shall have a right of access to each Unit to inspect the same, to remove or terminate interference therewith or abuse thereof, and to maintain, repair or replace the common areas or facilities contained therein or elsewhere in the Building. Section 12. Units Subject to Master Deed, Unit Deed, By-Laws of 33-41 Second Street Condominium Trust and Rules and Regulations. All of the Units of the Condominium shall be subject to the provisions of this Master Deed, the Unit Deed, the By-Laws of the Trust and the Rules and Regulations, as they may be adopted or amended from time to time. The acceptance of a deed of a Unit shall constitute an agreement that the provisions of this Master Deed, the Unit Deed, the By-Laws of the Condominium Trust, and the Rules and Regulations, as they may be adopted or amended from time to time, are accepted and ratified by such owner, and that all of such provisions shall be deemed and taken to be covenants running with the land and shall bind any person having at any time any interest or estate in such Unit, as though such provisions were recited and stipulated at length in each and every deed and shall be binding upon any mortgagee or lien holder, tenant, visitor, servant, guest, licensee or occupant of such Unit. Section 13. Declarant's Rights. Notwithstanding any other provision of this Master Deed or in the related Declaration of Trust, as long as the Declarant holds or controls title to any Unit, the Declarant hereby reserves to itself, its successors and assigns in their capacity as Declarant, or its or their nominees, the right and easement to: A. lease or license any Units owned by the Declarant to any third party without compliance with the provisions governing leasing in this Master Deed; B. use any Units owned or leased by the Declarant as models, offices related to development and sale of remaining Units (but not general office use), and/or storage areas or otherwise, for purposes of construction, promotion, meetings, and the sale or leasing of Units; 14 C. to grant permits, licenses and easements over, under, through and across the common areas of the Condominium for the purpose of installing gas, electricity, telephone, cable television, and all other utility lines serving the units in the Condominium and such other equipment as may be necessary for the installation and operation of the same and for other purposes reasonably necessary or useful for the proper maintenance or operation of the Condominium; and D. to pass and repass by vehicle and on foot in, upon, over and to the Common Areas and Facilities of the Condominium for all purposes, including but not limited to, transportation of construction materials in order to complete construction work on the Condominium,provided that in the exercise of the rights reserved by the Declarant in this paragraph, the Declarant will not unreasonably affect the use and enjoyment of the Common Areas and Facilities. Nothing in this paragraph shall be deemed to create any rights in the general public. Section 14. Chapter 183A Governs. The Units and Common Areas and Facilities,the Unit Owners and the Trustees of the Condominium Trust, shall have the benefit of, and be subject to, the provisions of Chapter 183A in effect on the date this Master Deed is recorded, and in all respects not specified in this Master Deed or in the Trust and the By-Laws set forth therein, shall be governed by provisions of Chapter 183A in their relation to each other and to the Condominium established hereby, including,without limitation,provisions thereof with respect to removal of the Condominium premises or any portion thereof from the provisions of Chapter 183A. Section 15. Assignment by Declarant. All rights which are specified in this Master Deed to be rights of the Declarant are mortgageable, pledgeable, assignable or transferable. Any successor to, or assignee of, the rights of the Declarant hereunder (whether as the result of voluntary assignment, foreclosure, assignment in lieu of foreclosure or otherwise) shall hold or be entitled to exercise the rights of Declarant hereunder as fully as if named as such party herein. No party exercising rights as Declarant hereunder shall have or incur any liability for the acts of any other party which previously exercised or subsequently shall exercise such rights, except as provided for in Chapter 183A. Section 16. Definitions. All terms and expressions used in this Master Deed which are defined in Chapter 183A shall have the same meanings here unless the context otherwise requires. Section 17. Waiver. The provisions of this Master Deed shall be waived only in writing by the party charged therewith, and not by conduct, no matter how often repeated. Section 18. Partial Invalidity. The invalidity of any provision of this Master Deed shall not impair or affect the validity of the remainder of this Master Deed and all valid provisions shall remain enforceable and in effect notwithstanding such invalidity. [Signature Page Follows] I5 a EXECUTED as a sealed instrument this ��2rday of November, 2015 BAYRIDGE DE U LOPMENT LLC i B : Gene Espij ola, Manager COMMONWEALTH OF MASSACHUSETTS Essex, ss. Novemberts , 2015 On this ` da of November,2015 before me the undersigned nota public,U y g notary p c,personally appeared Gene Espinola, Manager of Bayridge Development LLC proved to me through satisfactory evidence of identification, which were '�l-��'»_� NL-10 z --'"Source of ID)to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntary as Manager for its stated purpose GREGORY N. EATON Notary Public: + NOTARY PUBLIC My Commission Expires: Commonwealth of Massachusetts My Commission Expires January 1, 2021 16 EXHIBIT A A certain parcel of land with the buildings thereon situated on the northwesterly side of Second Street in North Andover,Essex County,Massachusetts, and being shown as Lot A on plan entitled "Plan of Land in North Andover, Massachusetts, owned by Mary E. Robinson,February 11, 1954. Ralph B. Brassier, C.E. Haverhill, Massachusetts" said plan recorded in North Essex Registry of Deeds as Plan #2826, said premises being more particularly bounded and described as follows: SOUTHEASTERLY one hundred thirty-four and 96/100 feet by Second Street as shown on said plan; SOUTHWESTERLY one hundred feet by Lot B as shown on said plan; NORTHWESTERLY in two courses measuring thirty-three and 84/100 and one hundred feet by Lot B as shown on said Plan; and NORTHEASTERLY one hundred five feet by land now or formerly of Village Land Co., as shown on said plan. Containing 14, 005 square feet more or less according to said plan. Being the same premises conveyed to the Grantor by foreclosure deed of Gene Espinola, dated July 22, 2013, and recorded in said Registry in Book 13564, Page 222. EXHIBIT B UNIT DESCRIPTIONS Units Unit Descriptions Approximate Square Footage Unit 1 3BR, 3B, K, LR, DR 2173 Unit 2 3BR, 3B, K, LR, DR 2132 Unit 3 3BR, 3B, K, LR, DR 2173 KEY: B =Bathroom BR =Bedroom K =Kitchen LR =Living Room DR =Dining Room BS = Basement Square footage encompasses finished living space and basement, does not include common areas. Square footage approximations listed above are based on measurements obtained by the architect who prepared the floor plans filed herewith. The approximations may be based on total square footage, so called, and may not correspond with the square footage of usable space, so called. The Declarant has not independently verified the square footage listed above; and the Declarant expressly disclaims any warranty as to the precision of the approximation given above. All Units have access to common areas by way of doors leading to stairs, decks and/or common area lands all as shown on The Condominium Site and Floor Plans. 18 EXHIBIT C UNIT PERCENTAGE INTERESTS Units Interest Unit 1 33 1/3 % Unit 2 33 1/3 % Unit 3 33 1/3 % TOTAL 100 % 19 andover 1 East River Place consultants Methuen, Massachusetts 01844 Tel. (978) 687-3828 • inc. Fax (978) 686-5100 www.andoverconsultants.com December 2, 2015 Planning Board Town of North Andover 1600 Osgood St. North Andover, MA 01845 RE: 41 Second Street North Andover, Mass. Dear Members of the Board: This office has completed an As-Built Topographic Survey and Plan for the above referenced project. I have also completed a recent inspection of the site as well as several inspections during construction. It is my opinion that the footprint of the building, landscaping, lighting and site layout substantially comply with the plans referenced in the decision as endorsed by the Planning Board. One minor item noticed in my inspection is the fence. A white, lattice top fence was proposed, and a beige and white solid fence was installed. A copy of the As-Built Plan is attached. Should you need additional information, feel free to contact me at any time. Sincerely, ANDOVER CONSULTANT INC. William S. MacLeod, P.E., P.L.S. President WSM/an Aft: Bill/Letters/Planning Board Town of Andover-SecondSt.doc Civil Engineers • Land Surveyors • Land Planners I � _N53'47ow, 100.00' — N62'20'26"E I 74! _X - x— Jx —, ENCE LOT AREA JQe` � ► \ f � I CB \ CRUSHED I RIM=110.38 f 110.9 — — 111.2 14,050 S.F. STONE I INV.=107.5± pc I CRUSHED STONE AC CONC. — J I CONC. PAD NITS PAD o / _.. 4.._,. . X o .�f.K r �ti 4�f+s...a C ��`I i U1 ps O ' -----------1 "` �,>y w^,'y DECK A/C i i I IJECK ra':' BH . ;;N;�x�, DECK U IN TSI\ BH DS BH r \ -' / i x i U ITS Ds DS \ SUBSURFACE INFILTRATION x LEGEND: °�� SYSTEM CnI j 1 \ 25' X 55' d �o EXISTING DWELLING , RE \\ _ BIT. r _ �� EXISTING CONTOUR U i PARKING II I CONTROL N z i LOT I I Box x EXISTING FENCE co os DOWNSPOUTS i Q_ / PORCH ILA Co '' I DS DS I I 712 ` J_ DS W ZE, —BIT. WALK �I , r*i 2"0T 2"DT Tt \ 134.95' 562.19'26"W ,x'12' _. AS—BUILT TOPOGRAPHIC PLAN — — — — — — — BIT. SIDEWALK — — 41 SECOND STREET — — — — — — — NORTH ANDOVER, MASS. \710\ PREPARED FOR: BAYRIDGE DEVELOPMENT, LLC. � DATE: NOVEMBER 23, 2015 1"OFM48s'/SECOND S TR E E T SCALE. 1 — 20 yGs � � PETER F GOODWIN " 90� �o.481�� +andover �ss�NGLSLAN'DS�Q� consultants inc. 1 East River Place Peter D. Goodwin Methuen, Mass. 01844 Reg. Prof. Land Surveyor 0 20 40 60 80 Ft. P:\09\09-18\DWG\AS—BUILT.DWG 0 5 10 20 Meter Enter construction cost for fee cal - North Andover Fee Calculation Construction Cost $ 2259000.00 m $ - $ 2,700.00 Plumbing Fee $ 337.50 Gas Fee 100 comm. $ 100.00 Electrical Fee $ 337.50 Total fees collected $ 3,475.00 41 Second Street Unit A 588-14 pn 2/12/2014 Three Family Unit A yORTH Town E - ofndover o ' . No. � � t 'x a- �oh ver, Mass, 'a � A �A COCNIc"IWICK �,9 ORATED rPP,�,(� �► S U BOARD OF HE iT j Food/Kitchen P E Septic System IT T LD THIS CERTIFIES THAT ... ..0t......SeNOA% ......................................................... ........ BUILDING INSPECTOR Foundation has permission to er ct ...... ................... buildings�o�nn [S$C.�`,1..SV,...UV06%.�... ...... ,�•�,, 9 Rou h tobe occupied as .... �. ..... .. ......... ...... .. ............................................................. Chimney provided that the person accepting this permit shall in every respect conform to the terms of the application Final on file in this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. ou ��y �,_ b-IS •�_�_ PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR UNLESS CONSTRUCT N RTS ................. .......................................... BUILDING INSPECTOR GAS INSPECT R Occupancy Permit Required to Occupy Buildin Display in a Conspicuous Place on the Premises — Do Not Remove 40 (qA-I"x No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner - Street No. Smoke Det.OR40AVA&oi C64 .o� Location 4A Sec tib,C4C- No. DateA. ( v I;UA — 1 • -111 TOWN OF NORTH ANDOVER r► • q'I� • Certificate of Occupancy $ Building/Frame Permit Fee $ Foundation Permit Fee $ Other Permit Fee I(e $ i-�u.� TOTALS $ Check# -211 �- � •• � `} Building Inspector r• -i KORTH . WH Of t_E ,, ndover h ver, Mass, COCHICH&WK. �a Q 1. S u � ArEl) C7 BOARD OF HEALTH Food/Kitchen Septic SP E IT T LD ystem THIS CERTIFIES THAT ... ....N.t..... ,.. ,.A BUILDING INSPECTOR . ................................................. ....... ,. ... ... � '..., 7,,�nclat�io X13 has permission to er ct ...... ................... buildings on 4 • �_ . , ;,.. Rough qto be occupied as .... . ..... .. ......... ...... ...... ............................................................. chimney provided that the person accepting this permit shall in every respect conform to the terms of thea application pp Final on file in this office, and to the provisions of the Codes and By-Laws relating.to the Inspection,Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough Final PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR UNLESS CONSTRU N RTS Rough Service .......... . ............................................................. Final BUILDING INSPECTOR GAS INSPECTOR Occupancy Permit Required to Occupy Building Rough Display in a Conspicuous Place on the Premises — Do Not Remove Final r No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. �� Smoke Det. I his attic Has Been To NU r 7Z TRIO -'AA on .a. By A. Professional Insulation Contractor The insulation in this attic was installed by a qualified professional Contractor to the R value stated above NARKA !@l24►iR4 Al�9tl�te4 f4ts1i1.1►7�E?�! +�n.eu�Ra��R;R�wf�ri�itQre Certificate of Insulation BUILDING ADDRESS: CONTRACTOR: liistallation Date �9 v/5� License#, ,Area Installed Settled Installed No. Sq. Ft. Insulated R-Value Thickness Thickness Density Bags Attic C-Vos s raG tl 3!!d 7v'7 S�9S Walls Floor ^7�02 .rieee?n (print name)ceniiy that this 3residenee/buiiding has �inated to the stat d R-value and that the installation is in conformance with all app bl cod d ,r gulatiens and specifications- Date Authmued Signature _ tIarztic ,jj P.O. Box 496, Greenland, NH 03840 Phone (603)418-0764 t"QCe ' Ltd. Fax(603)418-6375 Fire Protection Design Services j,rt� asdrnh@gmail.com November 13, 2013 Project 213050 <N OF MqS FIRE NARRATIVE rsl► s�` THOMAS J. GN ? KILLE Re: FI ROT. 3-unit building 39126 N yISecond Street North Andover,MA BUILDING DESCRIPTION The 3-unit building at 2 Second Street,Andover,Massachusetts is a three story wood-framed construction with a basement. The first, second and third floors are living areas. The roof is 8/12 pitch truss-framed construction; the attic areas are not to be used for storage. The building will be designed to NFPA 13-R. The building will have water service entering the basement area; a central riser manifold with a back flow preventer and fire department connection will detect any fire flow for the entire building and will alert the local authorities. Each subsequent unit will have an individual riser manifold which consists of an inspector test flow switch and pressure gauge. This will be used to determine in which unit the fire flow is occurring,through a horn-strobe on the outside of each individual unit. This system meets the current requirements of NFPA 13-R 2010 Edition, and the Town of North Andover,Massachusetts. DESIGN METHODOLOGY The Codes used during the design were 780 CMR, Chapter 9;NFPA 13-R, Standard for the Installation of Fire Sprinkler Systems;NFPA 72,National Fire Alarm Code; and the requirements of the City of North Andover, Massachusetts. SEQUENCE OF OPERATION The fire alarm system to be installed will consist of various sensors and associated wiring and hardware, a Fire Alarm Control Panel(FACP) and Remote Annunciators. Together these components monitor the site condition and notify authorities when an alarm or trouble condition occurs. Sensors in the Fire Sprinkler System include flow and tamper switches,which, when activated, transmit a signal to the FACP. The Fire Alarm Control Panel has a keyboard located on the panel face, and an 80-character,backlit, alphanumeric LCD. The FACP is capable of receiving information from addressable devices regarding the condition of each device and alert conditions for fire or trouble. A microprocessor based System in the FACP interrogates each item on a sequential basis. When the system detects a signal, it identifies the sending device and condition. The FACP transmits the information to the Remote 2 Annunciator and activates the necessary devices(horns, lights or panels) on site. The Remote Annunciator displays site conditions displayed by the FRCP. The FACP transmits data to a central monitoring facility,which notifies the proper authority-Fire Department, Owner,Repair, etc. When a trouble condition is encountered,the FACP transmits trouble signals until the condition is corrected. The FACP also indicates the device and trouble condition, information that can also be transmitted thru the FACP. When the FACP goes into a General Alarm,the following occur regardless of the activated device: 1. The FACP is signaled and then notifies the central monitoring facility of the General Alarm at the site. 2. FACP Display-the FACP alphanumeric display indicates the device in alarm and the alarm condition. 3. FACP Output Circuits-the alarm circuit for the building is activated which energizes all audible(horns and bells) and visual (strobe lights) devices in or on the.building. A synchronizing module causes all strobes to flash simultaneously. The FACP will remain in General Alarm until the Fire Department personnel deactivate the alarm output circuits. This will silence the alarm devices although the FACP remains in alarm condition until the activated device is satisfied and the Fire Department resets the FACP to the ready condition. Most of the sensors activate instantly when the environmental condition they monitor reaches a preset value—flow, high pressure,valve position, etc. As a wet system,the fire sprinkler system responds immediately upon a sprinkler being activated. First, at the incidence of a fire event, hot gases rise to surround the sprinkler head. When the air reaches the temperature rating of the head,the head activates by the breaking of a glass bulb or melting of solder holding a plug in the head. The plug is expelled by the water pressure in the sprinkler piping. Loss of water from the system creates a differential pressure across the valve, causing the valve to open and allow water to enter the system. Water is also introduced into the alarm piping associated with the valve. Water pressure activates a sensing device in the alarm system, which is the signal to the FACP of sprinkler activation and a fire condition. TESTING CRITERIA The installing sprinkler contractor shall be responsible for hydraulic and hydrostatic testing of the sprinkler system and for furnishing documentation of same in accordance with the requirements of NFPA 13. The sprinkler contractor shall notify all parties a minimum of 72 hours in advance of all tests. The sprinkler contractor shall furnish all equipment necessary to conduct the tests. N53.4 11"E 100.00' N62'20'26"E _33,�4'� i I LOT AREA P 1�� o U' 0 14,050 S.F. 16.3' Z EXISTING N J FOUNDATION M OD t� z �p 57.6' 20' 20' TOP FND. c� =114.36 n' m 1 U 134.95' S62.19'26"W SECOND STREET P:\09\09-18\DWG\CERT.DWG I HEREBY CERTIFY THAT THE LOCATION OF THE STRUCTURE SHOWN ON THIS PLAN WAS LOCATED BY A FIELD SURVEY, CONFORMS TO THE SETBACK REQUIREMENTS OF THE NORTH ANDONER ZONING BY—LAW AND THAT IT IS NOT LOCATED IN A FLOOD PLAIN. ��G2��/_t4��,�/-�.��/I/�l✓�-- N REG. PROF. LAND SURVEYOR CERTIFICATION PLAN JHA FF10 41 SECOND STREET ��P ASs9Oy� NORTH ANDOVER, MASS. gndover o PETTER Prepared forGOODWIN N BAYRIDGE DEVELOPMENT, LLC con Su i tan is 90 No.48133 0� SCALE: 1"=40' DATE: 2-4-14 inc. �F�s'O�NAc LANo TOWN MAP NO.30 LOT NO.35 1 East River Place, Methuen, Mass. DATE IMMMDIYM) CERTIFICATE OF LIABILITY INSURANCE 12111/2013 LY AMEND, EXTEND OR ALTER THE COVERAGE INC NSURER(S),ORDED BY THE POLICIES AUTHORIZED THIS IFICAT KATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON TUE CERTIFICATE HOLDER. THIS CERTIF CER7lFtGATE DOES NOT AFFIRMATIVELY OR NEGATIVELY BELOW, THIS CERTIFICATE OF INSAND URANCE CERTIFICATE HONOT LDER. endorsed. A CONTRACT BETWEEN dedlf SUBROGATION IS WAIVED,subject to REPRESENTATIVE OR PRO IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must b terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights tot e the _ certificate holder in lieu of such endorsements I. N ACT NAME: _�ele�t.pept ext.66807__—" PRODUCER PHON_iuE ±{ Eastern Insurance Group LLC-Main E-MAIL rnl 233 West Central Street ADDRE ss: el 1 NAIC# Natick MA 0176011920 __ INSURER(S►AfFORDtNGCOVERAGE______ INSURER A: 12CtIVE_Ir1S�Ifanc - 16697 INSURERB ASG0 iated EmDlovers Insurance. INSURED INSURER C-.Cha McCarthy Bros General Cont Inc 483 Nashua Road – Dracut MA 01826 INSURER_E:___----__ INSURER F REVISION NUMBER: COVERAGES CERTIFICATE NUMBER:289768320 THIS IS TO CERTIFY HAVE BEEN ISSUED I�C IE INS R 55 H21ifl T ANY!REQUIREMENTES OF N TERM OR CONDITION DED BY THE POLICIES DESCRCT OR IBED HEREIN S SUBJECT TO ALL TNT WITH RESPECT TO HE TERMS, INDICATED. NOTWITHSTANDING CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFOR BY _ .__..._ ---r-POLICY EXP LIMITS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.S•LIMITS SHOWN MAY HAVE BEEN R ot CY EDUCED F PAID CIA --- I — POLICY NUMBER MMIDD/YYYY I ,dMIDDNYYY !LTR TYPE OF INSURANCE +!NSR WVD ,`]12612013 y12612014 j EACH OCCURRENCE i S1,OOD,ODU S 1849591DAM GET R NTED S100 000 A GENERAL LIABILITY I PREMISE5LIEaocwrfenCeL_1_...e . . ,X '.COMMERCIAL GENERA_L_UABILITY i j MED EXP(Anyone person)_ ;510,000 I CLAIMS-MADE IX OCCUR 1� I PERSONAL&ADV INJURY 151 b00 000 x x U -- -- ,i PRODUCTS-COMPIOP ACG_ ,- X XCU Incl. f GENERALAGGREGATE S3,000.000____ _ - - - --- `-- 53,000,000 - S i GEN'LAGGREG_ATE LIMIT APPLIES PER: �- POLICY X I PRO- LOC ITU i 1112!2014 SEa accident)_- 5-- G I AUTOMOBILELIABILITY I BA8181L358 gOp{LytNJURY(PerpersoN 15250,000 - BODILY INJURY(Per accident) 5500,000 7 ANY AUTO _ I E _.. _-._-'------- ALL OWNED iX i AUTOS i I j j PROPERTY DAMAGE 5250,000 _ AUTOS ,�,� I l Pe_r_accident I NON-OWNED i I I $ IX .HIREDAUTOS X AUTOS 4 I ; — EACH OCCURRENCE UMBRELLA LIAR 'OCCUR i :AGGREGATE_ EXCESS LIAB i CLAIMS-MADE 1 I----�"" WCSTATU- !OTH- DED ,RETENTIONS 4/1812013 @11812014 XIZSI_ .,I _ ------- CC5008162012613A - B i WORKERS COMPENSATION I i j E.L.EACH ACCIDENT 5100,000 . ..... AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORWARTNERfEXECUTIVENIA i El.DISEASE-EA EMPLOYE 5100,0_0.0_ OFFICERIMEMBER EXCWDE09 i i �—"" (Mandatory in NH) i E.L.DISEASE-POLICY LIMIT 1$500,000 If yes.describe under DESCRIPTION OF OPERATIONS below I � I i VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) DESCRIPTION OF OPERATIONS!LOCATIONS/ XCU coverage included. CANCELLATION CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ACCORDANCE WITH WILL BE DELIVERED IN W TH TH POLICY PROVIS ONS AUTHORIZED REPRESENTATIVE f(' ©1988-2010 ACORD CORPORATION. All rights reserve. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD i i Massachusetts -Department of Public Safety r Board of Building Regulations and Standards � Construction Supervisor License:.CS-023422 a MICHAEL FMCC-XR -a 4 483 NASHUA RD% DRACUT MA 01'826 W�' \ Expiration 06/25/2014 C-ommissioner The Commonwealth ofli'Tassachusetts - Department ofl'ndustria[Accidents Office ofInvestigations 600 Washington Street Boston,MA 02111 www.mass gov/dia Workers' Compensation Insurance Affidavit:Builders/Contractors/ElectriciansfrIumbers .Applicant Information Please Print Legibly Name(Business/Organization/Individual): _114 P, Address:_ (3 &o g City/State/Zip: C Pv� 4 Phone#: q1 25-— L/-?,3 Are you an employer?Check the appropriate box: Type of project(required): 1.❑ I am a employer with _ 4. ❑ I am a general contractor and I 6. New construction employees(full and/or part-time).* have hired the sub-contractors 2.❑ I am a sole proprietor or partner- listed on the attached sheet.1 7. ❑Remodeling ship and'have no employees These sub-contractors have 8. ❑Demolition working forme in any capacity. workers'comp.insurance'. . g Building addition [No workers'comp.insurance 5. ❑ We are a corporation and its required;] officers have exercised their ME]Electrical repairs or additions 3.❑ 1 am a homeowner doing all work right of exemption per MGL 11.F1 Plumbing repairs or additions myself [No workers' comp. c. 152,§1(4),a-ad we have no 12.nRoofrepairs insurance required.]t employees.[No workers' comp.insurance required.] 13.❑Other *Any applicant that checks box#1 must also fill outthe section below showingtheir workers'compensation policy information. 7 Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. lContractors that check this box must attached an additional sheet showing the name of the sub-contractors and their workers'comp.policy information. I am an employer that 1s providing workers'compensation insurance for my employees Below is the policy and job site information. I Insurance Company Name:. Ag Policy#or S elf-ins.L•ic.#: _WC-C-s©ob I t Q 0 J QC)J� - --Expiration Date:�^ 14_p Job Site Address: y Sic , City/State/Zip: I _ Attach a.copy of the workers'compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as requiredunder Section 25A of MGL c.152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement maybe forwarded to the Office of Investigations of the DIA for insurance coverage verification. 1-do hereby cert under the pains andpenalties ofperjury that the information provided above is true and correct. Si ature: Date: Phone#: SOV -300-3-770 Official use only. Do not wrife in this area,to be completed by city or town official. City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.EIectrical Inspector 5.Numbing Inspector 6.Other - - - Contact Person: Phone#• � �10RTF� Town of A 0 No. h ver, Mass oIANC > > COC NIC NIWICK �� S U BOARD OF HEALTH Food/Kitchen PERMIT T LD Septic System THIS CERTIFIES THAT S h 0 �'� BUILDING INSPECTOR .............. .................... .. ........................................................ .. Foundation has permission to erect.......................... buildings on ....y. ...... .........5. .......... .. . Rough to be occupied as .......Wavor......A... ........ ........�� .�...... ............................................. Chimney provided that the person accepting this permit shall in every respect con or the terms of the application Final on file in this office, and to the provisions of the Codes and By-Laws relating to the Inspection,Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough Final &w7oo PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR UNLESS CONSTRUCTIt6. ..........S Rough Service ............... .......................................... Final BUILDING INSPECTOR GAS INSPECTOR Occupancy Permit Required to Occupy Building Rough Display in a Conspicuous Place on the Premises - Do Not Remove Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. Smoke Det. SEE REVERSE SIDE C10 R T!j Town of 1 E �t ndover o - �► No. �`y z h ver' Mass T o CAN! • ' COC NIC Nl WICK y1. ��p�a�TEO ►.Pp`�.(5 S tl BOARD OF HEALTH Food/Kitchen PERMIT T LD Septic System THIS CERTIFIES THAT �! 0 �� BUILDING INSPECTOR .............. h ...................... .. ...�.�.................................................... .. has permission to erect .......................... buildings on ....y.�.....;4%'0Mj.........5.roop...... Foundation Rough to be occupied as .......Uti.y�......A............ ........ .��j�^�...... ............................................. Chimney provided that the person accepting this permit shall in every respect con or the terms of the application Final on file in this office, and to the provisions of the Codes and By-Laws relating to the Inspection,Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR Rough VIOLATION of the Zoning or Building Regulations Voids this Permit. Final &-7�0 PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR 10C) UNLESS CONSTRUCTI ST S Rough Service ................ ' ...........................oft........................ Final BUILDING INSPECTOR GAS INSPECTOR Occupancy Permit Required to Occupy Building Rough Display in a Conspicuous Place on the Premises — Do Not Remove Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. Smoke Det. SEE REVERSE SIDE S REScheck Software Version 4.5.0 Compliance Certificate Project Energy Code: 2009 IECC Location: North Andover, Massachusetts Construction Type: Multi-family Project Type: New Construction Conditioned Floor Area: 0 ft2 Glazing Area 14% Climate Zone: 5 (6322 HDD) Permit Date: Permit Number: Construction Site: Owner/Agent: Designer/Contractor: 41 SECOND ST MCCARTHY BROTHERS Compliance: 1.0%Better Than Code Maximum UA: 409 Your UA: 405 The%Better or Worse Than Code Index reflects how close to compliance the house is based on code trade-off rules. It DOES NOT provide an estimate of energy use or cost relative to a minimum-code home. Envelope Assemblies Gross Area Glazing Assembly or Cavity Cont. or Door UA Floor 1:All-Wood J oist/Truss:Over Unconditioned Space 1,800 19.0 19.0 0.025 45 Wall 1:Wood Frame, 16"o.c. 2,880 21.0 0.0 0.057 137 Window 1:Vinyl Frame:Double Pane with Low-E 280 0.350 98 Door 1: Solid 78 0.500 39 Door 2: Glass 117 0.330 39 Ceiling 1: Flat Ceiling or Scissor Truss 1,560 38.0 0.0 0.030 47 Compliance Statement: The proposed building design described here is consistent with the building plans,specifications,and other calculations submitted with the permit application.The proposed building has been designed to meet the 2009 IECC requirements in REScheck Version 4.5.0 and to comply with the mandatory requirements listed in the REScheck Inspection Checklist. Name-Title Signature Date Project Title: Report date: 02/07/14 Data filename: C:\Users\gary.PELHAM\Documents\REScheck\NIC 143 LOWELL RD SALEM\NIC 143 Page 1 of 8 LOWELL RD SALEM\MCCARTHY BROTHERS NORTH ANDOVER.rck REScheck Software Version 4.5.0 Inspection Checklist Energy Code: 2009 IECC Requirements: 0.0% were addressed directly in the REScheck software Text in the "Comments/Assumptions" column is provided by the user in the REScheck Requirements screen. For each requirement, the user certifies that a code requirement will be met and how that is documented, or that an exception is being claimed. Where compliance is itemized in a separate table, a reference to that table is provided. PE< ris Vf lffed F geld l erlfieff ;� �€ P're�'lnse�t# iCf'liRlw Value Val[r Gci �iffs. c6mtlnntS/A�umptt"s ' 103.2 ;Construction drawings andM ❑Complies [PR1]1 =documentation demonstrate ,raAp ,* , ❑Does Not energycode com liance for the M' ;buildnenvelope. �� " ❑Not Observable ❑Not Applicable j 103.2, ;Construction drawings and 33 ,^ ❑Complies 403.7 ;documentation demonstrate °-❑Does Not [13113]1 !energy code compliance for !lighting and mechanical systems ❑Not Observable Systems serving multiplefe : ❑Not Applicable w (dwelling units must demonstrate compliance with the commercial E ,code. 403,6; Heating and cooling equipment is Heating: Heating: _ ❑Complies tk24a..,gsized per ACCA Manual S based Btu/hr_ Btu/hr ❑Does Not lon loads per ACCA Manual)or Cooling: Cooling: 3other approved methods. Btu/hr Btu/hr ❑Not Observable ` ❑Not Applicable Additional Comments/Assumptions: 1 High Impact(Tier 1) ;2' Medium Impact(Tier 2) 3,, Low Impact(Tier 3) Project Title: Report date: 02/07/14 Data filename: C:\Users\gary.PELHAM\Documents\REScheck\NIC 143 LOWELL RD SALEM\NIC 143 Page 2 of 8 LOWELL RD SALEM\MCCARTHY BROTHERS NORTH ANDOVER.rck 7777777 a. 009 1EC foundation tnspe iumptions3 303,•2:1 ,A protective covering is installed to :[]Complies IFOI112 protect exposed exterior insulation ;❑Does Not sand extends a minimum of 6 in. below grade. ;❑Not Observable; _ ❑Not Applicable 4t}3 8 Snow-and ice melting system controls'❑Complies Cg12]z'`°(installed. j❑Does Not 91 ' z ; bNot Observable ❑Not Applicable Additional Comments/Assumptions: 1 High Impact(Tier 1) 1 1 Medium Impact(Tier 2) 3:, Low Impact(Tier 3) Project Title: Report date: 02/07/14 Data filename: C:\Users\gary.PELHAM\Documents\REScheck\NIC 143 LOWELL RD SALEM\NIC 143 Page 3 of 8 LOWELL RD SALEM\MCCARTHY BROTHERS NORTH ANDOVER.rck 5cticrr�0, . ;.; ... , Raugh to IttspeClrp IPiAns Ye ' ie ' Fr id,l► rtfied Compos Com mentslAssd�tiar� , tat R@ .110, 402.1.1, ;Door U-factor. U- _ U ❑Complies ;See the Envelope Assemblies 402.3.4 ❑Does Not ;table for values. [FRl]1 ❑Not Observable ❑Not Applicable 402.1.1, :Glazing U-factor(area-weighted U- � U- ❑Complies ;See the Envelope Assemblies 402.3.1, 1 average). ❑Does Not table for values. 402.3.3, ❑Not Observable 402.5 [FR2]1 ❑Not Applicable 3 303.1.3 U-factors of fenestration products ❑Complies [FR4]1 are determined in accordance ❑Does Not with the NFRC test procedure or []Not Observable ;taken from the default table. _ ❑Not Applicable 402.3.5 :Sunrooms enclosing conditioned U- U- :❑Complies [FR8]1 space have a maximum :❑Does Not :fenestration U-factor of 0.50 in :Climate Zones 4-8. New glazing []Not Observable :separating the sunroom from ❑Not Applicable ,conditioned space must meet ! _ :code requirements.__ 402.3.5 Sunrooms enclosing conditioned U- U- ❑Complies — [FR9)1 space have a maximum skylight ❑Does Not U-factor of 0.75 in Climate Zones F 4-8. Observable _ ❑Not Applicable 402.4.4 ,Fenestration that is not site built 1 ❑Complies [FR20]1 is listed and labeled as meeting x ❑Does Not F AAMA/WDMA/CSA 101/I.S.2/A440 or has infiltration rates per NFRC s❑Not Observable E ;400 that do not exceed code ❑Not Applicable l i m its. 4014.5 5 IC-rated recessed lighting fixtures ❑Complies [FR16]2 :sealed at housing/interior finisha ❑Does Not Viand labeled to indicate s2.0 cfm leakage at 75 Pa. - ❑Not Observable ❑Not Applicable ` 403.2.1 ;Supply ducts in attics are R- R-_ ;❑Complies [FR12]1 =insulated to>_R-8.All other ducts R- R- ❑Does Not iin unconditioned spaces or ;❑Not Observable ;outside the building envelope are insulated to>_R-6. ❑Not Applicable 403.2.2 �;All joints and seams of air ducts ° "❑Complies [FR13]1 ;air handlers,filter boxes, and ` "❑Does Not E building cavities used as return fr ❑Not Observable :ducts are sealed. ❑Not Applicable 403 2 Building cavities are not used forty ❑Complies C511151. tisupply ducts. MW ❑Does Not [-]Not Observable ❑Not Applicable 403.3 °: ';HVAC piping conveying fluids R- R- ;❑Complies [FR17]3 : ;above 105 QF or chilled fluids ❑Does Not below 55 QF are insulated to>_R- 3 ❑Not Observable 3 ❑Not Applicable E 403,A jCirculating service hot water R- R- ❑Complies [FR38]� ` pipes are insulated to R-2. ;❑Does Not . ;❑Not Observable i 3 f ��.: •_- - �„ � '❑Not Applicable 1 1 High Impact(Tier 1) ` Medium Impact(Tier 2) :;; Low Impact(Tier 3) Project Title: Report date: 02/07/14 Data filename: C:\Users\gary.PELHAM\Documents\REScheck\NIC 143 LOWELL RD SALEM\NIC 143 Page 4 of 8 LOWELL RD SALEM\MCCARTHY BROTHERS NORTH ANDOVER.rck section" gaming/Eiau� Iri lnss+�cfiit�n PIS Valued Field 1ueedcmpl�es? Gomm�Sq#sfAssmpt1or)se; 403 5Automatic or gravity dampers are _ � ., ,❑Complies ('FR191installed on all outdoor air ❑Does Not .'intakes intakes and exhausts. £` •:� �`.. ❑Not Observable ❑Not Applicable Additional Comments/Assumptions: 1I�igh Impact(Tier 1) Z 'Medium Impact(Tier 2) 3 Low Impact Project Title: Report date: 02/07/14 Data filename: C:\Users\gary.PELHAM\Documents\REScheck\NIC 143 LOWELL RD SALEM\NIC 143 Page 5 of 8 LOWELL RD SALEM\MCCARTHY BROTHERS NORTH ANDOVER.rck # Ilhgutation inspeCtian Plans Ver feed I t ld' 6 ,ped; Oiiilnpties? nns s//�cssu nptiail ltatur a "Reg.tt3 � � VtU � 313:1 All installed insulation is labeledw� ❑Complies rjiV1312� or the installed R-values ❑Does Not provided. r ' t ❑NotDbservdble ❑_Not Applicable 402.1.1, ;Floor insulation R-value. R- R- ❑Complies 'See the Envelope Assemblies 402.2.5, EJ Wood ❑ Wood ❑Does Not ;table for values. 402.2.6 ; [IN1]1 EJ ❑ Steel ❑Not Observable ❑Not Applicable : 303.2, ;Floor insulation installed per �; ❑Complies 402.2.6 :manufacturer's instructions,and q, ❑ Does Not [IN2]1 :in substantial contact with the ,underside of the subfloor. ,,�-4E]Not Observable ; ' '` ❑Not Applicable 402.1.1, ;Wales I insulation R-value. If this is a R R- ❑Complies ;See the Envelope Assemblies 402.2.4, ;mass wall with at least 1/i of the ❑ Wood ❑ Wood ❑Does Not ;table for values. 402.2.5 wall insulation on the wall [IN3]1 ;exterior,the exterior insulation ❑ Mass ❑ Mass ❑Not Observable 04 ;requirement applies. E] Steel E] Steel ❑Not Applicable , ---------- —___.__._.__..__._ _... 303.2 'Wall insulation is installed er p � �..= � �� . � � a;�❑Complies [IN4]1 !manufacturer's instructions. ❑Does Not ❑Not Observable E �,. "� .]❑Not Applicable 402.2.11 ;Sunroom wall insulation has a R- R- -❑Complies [IN8]1 ;minimum R-value of R-13. New ❑Does Not !walls separating the sunroom ❑Not Observable jfrom conditioned space must meet code requirements. ❑Not Applicable E 303.2 ;Sunroom wall insulation installed " °❑Com lies z_ p. [IN9]1 ;per manufacturer's Instructions . ❑Does Not 3- –]Not Obseryable a s % []Not Applicable 402.2.11 ;Sunroom ceiling minimum R- v R- ❑Complies [IN10]1 :insulation R-value of R-19 in ❑Does Not Climate Zones 1-4,and R-24 in ;Climate Zones 5-8. ❑Not Observable ❑Not Applicable 303.2 ;Sunroom ceiling insulation is ' ❑Complies [IN11]1 :installed per manufacturer's ❑Does Not :instructions. ❑Not Observable ❑Not Applicable E Additional Comments/Assumptions: 1 High Impact(Tier 1) Medium Impact(Tier 2) 1-3.]Low Impact(Tier 3) Project Title: Report date: 02/07/14 Data filename: C:\Users\gary.PELHAM\Documents\REScheck\NIC 143 LOWELL RD SALEM\NIC 143 Page 6 of 8 LOWELL RD SALEM\MCCARTHY BROTHERS NORTH ANDOVER.rck .l Pians Ver'afie 'i FieIG1 Verrfieci # Fina t lnsCi pc#ion Provfsion5ornpl�es? Commenter/Assumptions Lsc Re .il! aiu! VAjWe 402.1.1, :Ceiling insulation R-value.Where R- R- i❑Complies ;See the Envelope Assemblies 402.2.1, ;> R-30 is required, R-30 can be E] Wood ;E] Wood ❑Does Not ;table for values. 402.2.2 ;used if insulation is not ❑ Steel ❑ Steel [Fill, ;compressed at eaves. R-30 may ❑Not Observable be used for 500 ftz or 20% []Not Applicable (whichever is less)where ;sufficient space is not available. 303.1.1.1,'Ceiling insulation installed per �" YE ❑Complies 303.2 ;manufacturer's instructions. ❑ I [FI211 iBlown insulation marked every Does Not ;300 ftz _• ❑Not Observable ❑Not Applicable 402.2.3 ;Attic access hatch and door R- R- ❑Complies [FI3]1 ;insulation >_R-value of the ❑Does Not ` adjacent assembly. ❑Not Observable Y✓ ❑Not Applicable 402.4.2, ;Building envelope tightness ACH 50= ACH 50= ❑Complies 402.4.2.1 I verified by blower door test result ❑Does Not [FI17]1 !of<7 ACH at 50 Pa.This ;requirement may instead be met []Not Observable ;via visual inspection, in which ❑Not Applicable !case verification may need to ,occur during Insulation Inspection. 402A.3. 'Wood-burning fireplaces have ❑Complies 1081gasketed doors and outdoor3 � ❑Does Not ."combustion air. ❑Not Observable pp ❑Not A licable t s 403.2.2 ;Post construction duct tightness cfm cfm ❑Complies [FI4]1 ;test result of:58 cfm to outdoors, ❑Does Not or<12 cfm across systems. Or, rough-in test result of<_6 cfm ❑Not Observable +across systems or<_4 cfm ❑Not Applicable without air handler.Rough-in test I ;verification may need to occur ;during Framing Inspection. I X303 1j Programmable thermostats z = y w E �f =g❑Complies �F191 ;installed on forced air furnaces �' -❑Does Not ❑Not Observable 4. 4 W,41 '❑Not Applicable 03 W Heat pump thermostat installed i Aw" k ❑Complies [F11012on heat pumps.' z ❑Does Not � • ❑Not Observable ❑Not Applicable 40 4 ; 'Circulating service hot water ,� _ ❑Complies [Ff117 • isystems have automatic or ❑Does Not jaccessible manual controls. " ❑Not Observable ❑Not Applicable 403.4 f ;Readily accessible switch on _,� ;1 ❑Complies ' 7 .YTe £k 4v , ,If 1121 ° `;heaters for swimming pools. ; � , � y � fir,:❑Does Not I ' ' J `❑Not Observable _ 4 ❑Not Applicable E 40 3.9.2 Timer switches on pool heaters , z '_❑Complies [ 11913rand pumps are present. ❑Does Not ❑Not Observable h El Not Applicable 1 High Impact(Tier 1) ','Medium Impact(Tier 2) 3 Low Impact(Tier 3) Project Title: Report date: 02/07/14 Data filename: C:\Users\gary.PELHAM\Documents\REScheck\NIC 143 LOWELL RD SALEM\NIC 143 Page 7 of 8 LOWELL RD SALEM\MCCARTHY BROTHERS NORTH ANDOVER.rck Seetian= �%� '` � " lal�ns"\terif�ed Piel��{T@�/#t@£� .� ,<•� � �` �., � .. r.,r # l ;nal Inspect�dn Pro�riions °. 1/alue „ Vatne Campli�s Gomtnents/Assumpt©ils` �_„- ..� � a 403:9.3 . ,Heated swimming pools have a �'❑Complies (F120P, icover.Covers on pools heated s ❑ cover 90°F are insulated to R-12 2 Does Not .; " � � � []Not Observable ; ❑Not Applicable 404.1 50%of lamps in permanent ! ❑Complies [F16)1 :fixtures are high efficacy lamps ' ' ❑Does Not Q . ❑Not Observable ` q ❑Not Applicable 401 y Compliance certificate posted. ❑Complies 41 [F17]z []Does Not ..; ❑Not Observable ❑Not Applicable J033 Manufacturer manuals for — ❑Complies— — _ (Fi18]3 ..:. (mechanical and water heatin a,;Iequipment have been provided ` ❑Does Not r -]Not Observable s � 5 .:. �. ❑Not Applicable F Additional Comments/Assumptions: 1 High Impact(Tier 1) 2 Medium Impact(Tier 2) 3 Low Impact(Tier 3) Project Title: Report date: 02/07/14 Data filename: C:\Users\gary.PELHAM\Documents\REScheck\NIC 143 LOWELL RD SALEM\NIC 143 Page 8 of 8 LOWELL RD SALEM\MCCARTHY BROTHERS NORTH ANDOVER.rck Ar 2009 IECC Energy Efficiency Certificate Wall 21.00 Floor 38.00 Ceiling/ Roof 38.00 Ductwork(unconditioned spaces): Window 0.35 Door 0.33 Heating System: Cooling System: Water Heater: Name• Date• Comments