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HomeMy WebLinkAboutMiscellaneous - Exception (574)n U n U n n n u n L1 n U r7 `1 r � �• "rII i� �� n �� is OAKRIDGE VILLAGE MAPLEWOOD RESERVE CONDOMINIUM • MASTER DEED & DECLARATION OF TRUST AMENDMENTS TO MASTER DEED ORDERS OF CONDITIONS TEM' G 10082 P 6 MASTER DEEID OF OAIMIDGE VILLACE a IO APLEWOOD � . �EM The undersigned VALLEY MALTY DEVELOPUR T, LLC. a MasS4dhUWft limited liability company with a principal place of bwinm At 231 Satton-Staeat, North Andover, Massachusetts 01845 (hereinafter wfth its success0's axxd as:,�ifm called thb " "), being the sole owner of the land off OfTurnpike Street (li'`oxtte 114) in Notth-Andover, ll!MaSsachuse tts as more particularly described in Exhibit A attached hereto and made a }dart h0reot, by daily t,}1 executing and recording this Master Deed, does hereby submit said land together with the buildings and improvements thereon and all easerrrents,�rights and appurtenances belonging thereto, to the provisions of Chapter 183A of the General Laws of Massachusetts, as amended (hereinafter the Act'), and proposes to create, and hereby does create with respect to said premises, a condominium (hereinafter the "'C adarninium") to be governed by and subject to the cZVI provisions of the Act, and to that end declares and provides the following: 1. hLm e. The name of the Condmuinium shall be: w 2. Condoman-i-MM Ebumg. no CondomirAum ma be de Condomiciium, �' : �ol� ar: a phascc�.:.: cacti phase of v,►liiclt may include one (1) or more residential buildings �itai�ing� residential units (together with all oilier units subsequently added to the Condorniniw. n as -.art of future phases, are hereinafter referred to as the "Urdu"). Paragraph 18 hereof sets forth die:.:. > a procedures to acid phases to the Condominium. L: co 3. The Unit Owners'rs,��ar,r�„ The organization tbrough which tate Unit �, Owners will manage and regulate the Condominium established hereby is Culex dge Village - Maplewood Reserve Condominium Trust (.hereinafter rcfMTW to as the' Tom" or tho " Ci d =Lmum Trusf) under a Declaration of Trust of even date to be recorded with the Essex � North District Registry of Deeds (the '`Regj") herewith. Each Owner of a Unit in theCO � Condominium (hereinafter referred to as a "Unto' or °`Ownge,) shall have an intermit in the Condominium Trust in proportion to the percentage of undivided ownership interest in the -o connnnon areas and facilities of the condominium (hereinafter the "Common Areas and --j Facilities") to which his Unit is entitled hereunder and such Owner's voting rights shall be proportionate to such ownership. 1'he name and address of the original and present Trustee of the Condominium (hereinafter the "'Trust (s" or the "Cort d®n3inium 1rustee(s)") is as follows: Valley Realty Development, LLC 231 Sutton Street, Suite 1 B North Andover, MA 01845 The Condominium Trustee has enacted By -Lawn, as provided for in the Condominium Troost, pursuant to and in accordance with the provisions of the Act. Return to: ' Robert W. Levy, Esquire Eokeft Seamans Chadh & Me att, LLC One Internallonal Place Boston, MA 02110 {ICO2$7875,2} I n 7 BK 10082 PG 4. 2e99ription .of the &and. The land (hereinafter the "Land") which comprises the n Condominium upon which the buildings:and unprovements are situatedis located off of Li Turnpike Street (Route 114) in the Town of North Andover, Essex County, Massachusetts and is more fully described in Exhibit A attached hereto and made a part hereof The Land and all improvements now or hereafter situated thereon are subject to the rightct, casements, reservations ;L_i and restrictions referred, to in Exhibit A. n 5. 0ota..91the Bmildirrns, The buildim s » —'�' � :) ��ula�err'tiie i in or ittatial(y to lie placed into the Condominium) in the Condominium are shown on a certain ptan eatiiled "Condom inium Situ Plan – phase 1,. ge Village / n Maplewood Reserve, North aver, Mass. Drawn for Valley Realty Devolropment, LLC", Dated: ?March 13, 2006, by Merrimack Engineering Services (hereinafter the "Condomzttiurr� Sita Plan") filed with the Registry as Plan No. L4! a& and are describedin 1;xhihit B attached n hecto and hereby made a part hereof. Exhibit B may hereafter be ami as additional �l phase(s) are added to the Condominium pursuant to paragraph 18 hereof i'he Condomiinium is to be comprised of two (2) areas: Oakridge Village and Maplewood Reserve. It is intended that r--1 (i) Oakridge Village will contain: one huncrcd nillcty one (d 91) one and: two bedroom Units in four (4) garden style Build gs, two of which Buildings to contain .motor vehicle parking garages, and a Community Budding; and (u) ?Maplewood- Deserve will contain. seventy eight (78) three bedroom townhouse style Units in fourtean (14) Buildings; eight M separate - i -i Buildings containing motor vehicle patIdng garages; and a Community Building. Each '-' residential Building contains, or will contain, not less thaii one (1) nor more than eighty fbur (84) Units. The Buildings arc (or are to be) constnw-ted of poured concrete fb ndations, wood or steel n, framing, masonry or wood siding and fioerglass/asphalt shingled roofs. Nothing contained herein shall be deemed to require the Developer to complete all phases in the Condominium. the additional Building(s) and Unit(s) forming a part thereof. 6. Desisnation of the Units and 'Their Boundaries W287815.2} 2 n 2 (a) The Units and the designations, locations, approximate areas, numbers of rooms, i necliatelp accessible Common Argas and Facilities and other descriptive n specifications, of each Unit are sat Earth in Exhibit CC attacbed hereto. The Units are shown on the plans entitled "Condominium floor Plaits, Phase 1 Building 2, Oakridge Village, 5 Harvest Drive, North Andover, Viassaeliusetts as Drawn for n Valley Realty Development, LLC", Dated: March 13, 2006 (hereinafter the "Floor Plans"), prepared by (Merrimack Engineering Services in accordance with Section 8(f) of the Act and recorded with the Registry herewith. n (b) If and when the Declarant adds additional Phase(s) to tho Condominium, by arnendment(s) to this. Master Deed pursuant to its Met veil eights under paragraph 18 hereof, it shall amend Exhibit C attached hereto to describe the Units and other rt facilities being thereby added to the Condominium and shaid set forth in said amended Exhibit C any variations with mpect to the boundaries of a Unit or Units in such phases) from those boundaries described in smbparagraphs 6(c) and n 6(d) hcreof Also, with each amendment to this Master Deed adding additional phase(s) to the Condominium, the Declarant shall record new floor plans showing the additional Building(s) and Unit(s) forming a part thereof. W287815.2} 2 n 2 n (vi) Windows an Sl iirta ass QM: 'Rhe ex-tetiOr surface ofthe glass and of the Wi0dow or dob"r-fivneg a -'S::& case.maybe. n AM doors and all 64ass window Pam shall be part of the Unit to which they are attached and shall be repaired Or replaced promptly by the Unit Owner if damaged or destroyed, but any such repair or replacement BK 10082 PG shall be con'%istent with the exterior of the Building, and be of the same materials and quality of construction, (e) The bburldmies Of each of the Urft with respect to the floors, ceiling% WaI4 doors and windows thtreof are as Wows: and aPPrOvcd by the Trustees in accordance with Section 5.7.4 of the f 'Rg—rS. The-AWW of the t MZJh= of the ConCM -20CW149. (d) Each Unit includes the ow .. ncN* of all appliances, f jxbms and utlty of the flour stab (lower level) or ffic-14Va Nudfte of dw �Wb-flooring (other . instfli ations contained therein which ex-ofserve exclusively servelbe, UnJL EWb Unit also F -I floors:� within t1je Unit or not. In the case of those utility installations which are included in the ownership of the Unit, n . .0 —CO-='; 1U. -Plan of the lower surface of th.e 0i t& C :C ling.jow , Li 010 LftWW&W&--' Theplaneof the interior surface of wall ds the Stu where said MIds contact the dry wall or, I where applicoble, thepjan� of the interior surkw of the furring strips at the stud walls where swd strips Lj (0) Each Unit shall have e as appurtenwt &M -to the -d ght and. easement, to use, in contact the dry wall. n (iv) 1"he Plane of the inti r swface.af the wall studs or, where applicable, the interior =face Of the fUlftg strips at the stud WAHS where said strips tontu-t-the dry wall. (V) Exteriisr Rkm--MLd —'2nmft' The exteTiOr. Surface of the doors and n (vi) Windows an Sl iirta ass QM: 'Rhe ex-tetiOr surface ofthe glass and of the Wi0dow or dob"r-fivneg a -'S::& case.maybe. n AM doors and all 64ass window Pam shall be part of the Unit to which they are attached and shall be repaired Or replaced promptly by the Unit Owner if damaged or destroyed, but any such repair or replacement rt shall be con'%istent with the exterior of the Building, and be of the same materials and quality of construction, and aPPrOvcd by the Trustees in accordance with Section 5.7.4 of the Condominium Trust. (d) Each Unit includes the ow .. ncN* of all appliances, f jxbms and utlty . instfli ations contained therein which ex-ofserve exclusively servelbe, UnJL EWb Unit also F -I includes the Ownmhip- of any air cotiditioning or heating apparatus and hot water heater which serves the Unit alone whether located within t1je Unit or not. In the case of those utility installations which are included in the ownership of the Unit, but which are Physically located in whole or in Pan outside of the Unit, each such Unit -shall have the appurtenant right and easement to rt use, maintain, repair and replace such installations notwithstanding the fact that they may be located in or on the Conunon Arms and Facilities of the Condominium as defined in paragraph 7 below. Each Unit Owner shall be responsible for the Maintenance, operation, repair and replacement of and electricity and gas required to operate the air conditioning and heating apparatus and hot water heater. i (0) Each Unit shall have e as appurtenwt &M -to the -d ght and. easement, to use, in cOrAmOn with the other Units served thereby, all utility line and other common (K-020781&2) 3 R .......... BK 10082 PG facilities as &AM4 it) PrAgnaph 7 hereof which serve it, but which are located in the Common Areas and Facilities at in amthcr Unit or tlnitL (f) Each Unit 0*1 have .as _aVVUr.tenPnt'dM0W the right. to use the -CM. and Pseflitici, as dcsc:rjb W_. in ' mem Arm in th- 0 CondomWun;3, subject P=VVh 7 below, in commn with the other Units to dw limitations contained in Palmwaph S hermf With respect to Limited Common Areas an'Mcilities. n (9) COMNAM and R OMMU—Mts. A Unit owner who owns two orFiore contiguous Vnits may construct op��np between said Units ,n M order to PhysicaRY combine said Unit-, All work P&#Mmed in creating such Openings shall be done in a good and work -manlike manner, in Li compliance with all Wliml)le taws, after obtaining all required permits and obtaining the written gTrOV41 of A= and specifications for thepropoF ed work. from the Condominium Trustees prior to the comn=cemmt Of such work and upon sul;h reasonable conditions as the Condominium Trustees may impose. No work shall be performed which will MterWly affect the structural integrity of the BQ'Ji"g, and the Unit Owncr performing such WO& shall WORnifY and held mess the Condominium Trustees. and 411 Unit Ownem- from any loss, claim or ty Which they May suffer or incur as a result.of such work. combined Units shah be heated as one Unit for all UIxm completion, the in fierceacceptablc LJ Whereof a recordable instrument anpurpo=, to the d plan e Condominium Trustees shall be prepared and said insh=ent azul plan shall be recorded with the Registry, all at the subject Unit Owner's expense. Units so combined may thereafter be restored as separate Units in the same confIgurafion as originally as herein Provided. The openings connecting the two comb incdits , n shall b e the excl i U fir exclusive use of the Unit owner owning Such combined tjnts. In no event shall any additional bedroom be created. The Condominium Trustees reserve LJ the right to request an Opinion of a prokssional engineer and other consultants, as necessary, concerning safety, structural and design issues, at the 801C cost of the Owner proposing such work. nUnit 7. emanon Areas and �Faciffili�fies. Except for the Units�, the entire premises, including, without limitation, the . Land . and all parts of the buitdingsand . iMprolvements thereon, shall constitute the Common Areas and Facilities of the Condominium. 711 m n d CO mo Areas an Facilities specifically include, without limitation, the f ol-lowing: (a) The Land described in Exhibit A together with the b t of and subject to all I L-3 rights, casements, restrictions, agreements and HcOnses sot forth in Exhibit A, insofar as the same may be in force and applicable; (b) Ali. PrdOD8 Of the Condominium not included in any Unit including, without lirnitafion,the following to the extcnt:swh may exist from time to time 0) The foundathm, structural mmbem, beams gWports and those Portion's ofexterior and interiorwgIls. floors, ceilings and.dom leading froni units (KO2878,15,2) 4 n . .... .......... n n (vi) All other parts of the CondM-mnisitn not dchmed as part of the Units and J not included within the itcros listed above and all apparatus and to w mmon areas not iarluded as )tart of the Units, the roof, stairwells, elevators, common walls within the Building% rad structual walls U or other structural components contained entirely within any Unit; ( � a P1161183, Ya*,udeY�s; walkways, �g .as, steps and stairways,U pmrking. a m$; (c) Such additional C`'Omnm Areas and Facilities as may be defnod in the Act. F) u (ih) All utility 'in= and.iRstnkintions of central sav'. tces. sas g -Wet, heat, elcetric, water, gas, tele 9zw, attd waste diggasal; inchidi n 8 all equipment attendant thereto s3tWgW OuWde or inside the units ex linescept. those and iiLStBllatforrS: �iiCh ERCIustvCly serve an -individual r? and are located within that nit; U U n (1y) All• cordis, Chutes, duets, plumWWR& 21a4d other facilities for e $ of ittii sextrieos w"ch are. est in n td portions of the cpntri'l?trtirrg to the stricture or m gqmrt thereot and all such 6cichs .do }its of the Buildin other n. than the Unit within hfae which suchfaeil t€es are =W44 together -with an m ement of a thereto for mains ccess `-' an1M) repair, and r-eplacemeiit; a$ aforesaid. n (v) Ile Conimpnity Building and swimming pool locaW at .5 Harvest Drive and shown ort the Condominium Site Plan " as 95 n (vi) All other parts of the CondM-mnisitn not dchmed as part of the Units and not included within the itcros listed above and all apparatus and installations (including any replacements thereof) on the Land for n common use or necessary or oonvenient to the existence, maintenance, safety or enjoyment of the Corrdorniniu m; and (c) Such additional C`'Omnm Areas and Facilities as may be defnod in the Act. F) u The L?ec:larartt has reserved the right pursuant to paragmph lS hereof to modify the boundaries of Units to be included in the Condominium as of fixture n pact phase(s), and such modifications may result in Corresponding adjustments in the definition of the Common Areas and Facilities with respect to such Units. `, In such event, the amendment to this Master. Deed adding such future Phase(s) to the Condominium shall specify in what respects the Common and Facilities have been adjusted as to the ilnits involved. n There is appurtenant to each Unit the right to use the Cornman Are=. and Facilities in accordance with their intended n. purposes without Tieing deemed tl eb encroaching upon the lawful rights of the outer Unit Owners. y to be hittderir;g or `-' 8. F irtited Common Areas and .ac'Iities. n Subject to and in accordance with this Master Dead and the provisions of the Ccnrdominimn Trust and the By -Laws, and the Rules and Regulations-adiipted pursuant thereth n LJ (K0287815.2) 5 RK 1.0082 PG from tithe to time in effect pmmulgated pursuant thereto (hereinat%r the "Reales c latipw?II the f<illnvtdn�g 1?� o'the Cogr moa Areas arnif F d sent. Cornmom ureas and Facilities for the exclusive use of one more Units as here na{ta descn'bed: f a) e4aWs2 asatPparj gx C.ert4n Ur -shalll have the exclusive right and easetrierit ass en t to that Unit, to use the ba#.eonY, patio, deck, driveways, if any,. i>diatel: ez1•acaent to porch or shown on the Floor plans or the Condominium and Sea pl�e such Unit as (b) 994E._.& Each Unit .sh. have th exclusive right and eascqent as a such Unit to use the park ng;spa s) (tom «P• PP t to. Unit Deed. from the Declarant to a orches - LSW—IU -9)'� designated in the conveyance from Declarant separate from such dfl=e(or, in the ease of such cxitiveed, then in y . by the inst"Ment of comveyance so utilized) and shown on the Floor Plans or the Condominium Site Plan. Declarant hereby reserves the right, as long as Declarant owns a Unit in the Ctmdorninium. or has the right to add additional phascs of the Condominium, to gMnt by such deed or separ instrument the exclusive right to use additional Parking Spates) in the Condominium to a Unit ('Owner on such terms and conditions as Declarant deems apprate and any consideration paid in connection therewith shall be retained by the Dedarant. To the extent any of the P asking Spaces have not been so assigned after all Units have been sold by Declarant in all of the phases of the CondozniXAM and Declarant no longer has the right to add additional phases thereto, the some shall be available, subject to the Rules and RegWations of the Condominiums and the designation by the Declarant or the Trustee of certain spaces for handicap use, for occasional use by all Unit Owners or occupants and their guests and they shall be a part of the Common Areas'and Facilities of the Condominium. The parking spaces designated on the Condominium Site Plan as handicap spaces shall be a part of the Common Areas and Facilities of the Condominium and shall be only be used for parking by handicap individuals in accordance with applicable law and the Rules and Regulations of the Condominium. The owner of an exclusive right and easement to a Parking Spaces shall bear all risks, including, personal injury, Property damage, theft and vandalism, with respect to such Pa.�cing Space. Any Owner of a Unit, including the Declarant, may convey or exchange any Parking Spaces) to which such Unit has an exclusive right and easement, or, as to Declarant, any such Parking Space(s) that have not been conveyed, to another Unit Owner or to tete Declarant, provided that coz;rmencing with the first conveyance of a Unit every Unit shall at all times have an exclusive right and casement to at least one (1) Parking Space. (c) Sturm Facili Certain Units shall have tete oxd' usivre right and easement as appwrteitant to such Unit to use the storage faci-JiVics)'(horeinafter the Jtay e I designated itt the Unit Deed froiu :the Declairant to- a purchaser thereof (or, in the case of such canveyartce from 'Declarant separate from such deed, then in and by the instrument of conveyance so utilized) and shown on the Floor Plans. Declarant hereby reserves the right, as long as Declarant owns a Unit (xo287815.2) n n 6 n 1J M n 7 u n u n u BK 10082 9P in the COndO minium or h&4 the right to add additional ph"es of the CoII� tp assign by such &W -or separate instaua t the exclwiveri to use adftoral .Storage 1~ aci*ies) in the Condominium to a Un (Owner ons such terve and condoms as Deelaraot deems appropriate. To the extentany Storage Facilrty(ies) have not been. so assigned after ail Urti Deciasant in all of the phases of the Condo is have been sold by the right to add additional "m and Declarant no longer Wp t om, the same shall be a part of the Common Areas and Facilities of the Condominium atm subject to such use and restrictions as nage Facd by the Trustees. The owner of aII exclusive right and easement to a Storage Faealitylies) shall bear all risks, including, personal injury, damage, theft and vandalism, with j ry, property. a respect to such Storage Facsility(ies)Each owner of an exclusive right and easement to a Storage Facility(ies) shall at his or her expense maintain, repair and replace his or her Storage Facility(ies for the structural portions: therw4 if any, which shall be the ) (except he Condominium Trust). Any Owner of a Unit, including the D��arant,d yocot vey or exchange any Storage Facility(ies) to which such Unit has an exclusive right and easeinetst, or, as to Declarant, any such Storage Faciiiics) that has not been. conveyed, tie another Unit Owtrer or to the Declarant. 9. Fereentage.O 1 � Interestjag,!,ffin®r� ,z a�bes ownership interest of ci} U mr. the Coma Armes and l aril tie. the basis cyf thea eanained n ppxoximste relation that ilio fair value of a Unit ou uric date of his iIa.er Beed bears to the then aggregate fair valine of all'Units in accordance with the Provisions of the Act. Each Unit shalt be entitled to an appurteimm undivided own hip intertz in the Common Areas and' laacilities as set forth in Fxlxr`bit C aur t_ lietdo, .4� said Exhibit C may hereafter be amended as additional. Phase(s) are added to the Condomini7jm pursuant to Paragraph 18 hereof 10- I'urpoce and Res 'cxions on Use. (a) Each Unit is to be used only f'or,re 0041- purPosea by not. we, than one (1) family unit or by not more than two (3) urvelatbd'persons. No business, commercial or Off= use may be made of any Unit or of any part of the Common Areas and Facilities by any Unit Owner; provided, however that a Unit Owner or occuPwt may use a portion of his Unit for such personal office and studio use as is customarily carried on as incidental to the residential use of a single family residence. All uses shall, however, be permitted hereunder only if and to the extent that they are in full compliance with all- applicable building, zoning or health ordinances and all by-laws, statutes, ordinances, and Rules and Regulations Of any governmental body or agency having jurisdi,-tion thereover.and in full compliance with all recorded restrictions. N. o ;such use shall be carried on which causes arty increase in prerni= for any insurance carried by the Condominium Trust or any Unit Owner relating to any Building or any Unit, as the case may be; provided that the Trustees of the Condominium Trust may, in their Sole and unfettered discretion, allow such use upon the stipulation that any such increased (KO287815.2) 7 n �J k_i .0082 P6 8 1 1 be paid by the Unit owner carrying on such use. The Buildings n and the Common Areas and-Faailities we inte bd to be usedotaly for such u ancillary rases as are rmgX&ed and customary in connection with the foregoing purposes. 7 Ythe (b) The Units, the %htliriirags, Common Areas and Facilities esti the Limited Cotammon ureas and Facilities shall not be rl used in a manner contrary tneonsis mt with the provisions of the Act, the i+lastcrr lel► �miea� ' u Trust and By-laws, eery Rules and lz egulations frcrtn tithe to time in effect pursuant thereto with respect to the use and rl management thereof. (c) The architectural integrity of Buildings shall I,. pRservod \shout modification and to that end, without biting the generality of the foregming, no balcony or n POW enclosure other than as presently exists, sky � H&, , °a�%y, enclosure, L' g, scree n, screen door, antenna; sign, banner OT other device and no exterior change, aMti0n, structure, P , �, projection, dewration or other feature shall be enxted or laced p upon or attached to any Builclhag or attached: to tri ezltrbited through a window of any Building, andnopa#&' ag:or oftr decorating, "—. be done on any exterior pmt or surface j of any Budding unless -the: same shall have beers approvedby the Comlominjum Truster in: trccor&rrw mrith'Aae provisions n, of the Condominium Trust and shall conform to -the conditions set forth in said Condominium Trust. f (d) The Owner of any Unit may at any time and from titme to timemodify, retnove and install non4varxng walls lying -wholly within Unit, �; such provided, however, that any and all work with respoot'to the modification, r=oval and installation of interior walls shall be approved by the Building Department of the Town of forth rl Andover and fled in advance with the Board of'rru„ tees. In addition, a certified "as built" plan sha%1 be re=- ded with the Registry. No modification adversely atFeeting the structural integrity or the fire rating of the Building or Unit shall be n made. L' (e) In no event shall any additional bodroom be added to any Unit. P , �, (f) Each Unit Owner shall at all- times full iy and adequately haat (ac the tircrrraistant*es rNuire) his Unit so as to prevent the fr=iug of any piprrs Plumbing or fixtures in the Unit and Common Areas and Facilities immediately n adjacent to the Unit. (g) The Trustees of the Condomiiiiuva Trust or their agents shall have the right of access to each Unit and the Common Areas and Facilities appurtenant thereto: `-' (i) to inspect, rtnairrtain, repair or replace the C©rnmon Areas and Facilities contal-ned-tbenrin or elsewhere in a Building; n (ii) to exercise any other rights or satisfy any other obi-igations they may have as Trustees. {Kozeratss} n _............. ��._._.. v 8 n n V_WJ n Li n u n n LJ BK 10082 PG (h) Any lease or mental• of a Unit by a Unit fawner, other tlian-by the. Declarant, shall he subject to the foliowing conditions: {i) Such lease or rental agreement be in wn to (ii) • The lease or rental agreement shall 2WY to the entire Unit, and not a portion tbfteof, The term Of thc- lease or rental went sl>a;)1. be for a term of not less than six (b) months; (iv) The occugauely of the Unit shall .be for not more than thm. (3) u=lated _pCOpl� (v) The; lease -or re l: agement. "I expmsly provide -that the lease or reittat agceezttteit.is salt �t�Ae � oiZdlistiA `lust and tike >1 ism aidegalatit�. of:the Condominium, (vi) A copy of the few pr:r-erttai. ag awt:AWl'be:providod tD-th-0 Condominium Trusts; and- (vii) nd (vii) Leasing or renting Of the Aflw4aWc Units (hereinafter the "Affordalsle Units") described in the Comprehensive Permit issued by the Town of North Andover, Zoning Board of Appeals, elated January 14, 2004 and recorded with the Registry at Book 8.9-78, Page 320, (hereinafter the "Comprehensive Permit') and the Regulatory Agreement by and between the Declarant and TD Ranknorth, N.A. and recorded with the Registry at Book 9532, Page 228, as amended from. time to time, (hereinafter the `:Regulatory A eement"), shall be prohibited, except as governed by the provisions of the Regulatory Agreement and the rider attached to the Unit Deeds affecting such lints (hereinafter the "Deed Rid%s)"). The Affordable Units are also referred to as the "First Horne Units" in the Regulatory Agreement. (i) No vehicles shall park so as to impede travel in the aeress lanes at any time, except those allowed by the Ameiicws with Disabilities Act or those vehicles temporarily on the Land, including but not 'limited to vehicles for the purpose of delivery or moving, construction, repair or maintenance, public or private tran&Wrtation, or those vehicles of any emergency nature. No vehicles shall obstruct the fire lams except those allowed by law. (j) The foregoing restrictions shall be for the benefit of each of the Unit Owners and the Condominium Trustees, and shall be enforceable by the Condominium Trustees. Also, insofar as permitted by law, such restrictions shall be perpetual, (K0287815.21 9 9 M, n rl. I1 u FEW u n Lj n 6) BIK 1.0082 PIG and to that end, tbey may be extended at such time or times and in suct manner as permitted or required by law for the con inuedenforeealiiiity tl}ereo#: NO Unit. -Ow= sal be liable, for atty breach ofthe. prcrvssicM of this: pates I% except sunk as occur dwing Ms or her mers# -ofa Unit. (k) There is.no.righrofit3rst.re fhsal exr otter restriction Won the right -of a Unit 0.wner to sell, iransfor or otherwi Be cmtvey his or her Unit Vdth the CX* ogtion of the Affordable Units described in the Regulatory Agreemedt and the Deed Rider affecting such Units, which shalf be governed dtereby. k 1. Reserved lti is (a) 1` lotwithstmling:.any _pravisiOR of Master Doed, the Condominium Trust or the.py-L4ws at &Rales and A.W ations: of the Condominium. to the contrary, in the event tltot theme are. U0014 i.JWtsI the Deelaraant.and its-suocessors and assigns shall have the some tib as: ariy:dIbW-Uoit 1 as to t}3e u"014 Units In addition to die foreping,.the DWUMgreserves:to itself and its successors and assigns the right, l'or:sv:loitg as it owtts act unsoldUtiit car ltas:the rrtt:to add additional phase :of the. CondotoWum, to: (i) develop and con 4401003 to the Condominium, induding, without limitation, buildings, roads, ways, utilities and o&er improvements and mnenities pertaining thereto, to atter and relocate existing, or install additional, landscaping throughout the CA )moron Areas and Facilities; fKU28F8-15.2) n I_ ................................ (ii) grant or reserve or cause the Condon inium Trustees to grant or reserve (i) easements across, trader, over and through the Land or any portion thereof which Declarant determines is necessary or convenient in connection with the development or use of the Condominium provided only that such grants or reservations -do not unreasonably interfere with the use of the Units or Common Areas and Facilities for their intended purposes; (ii) a conservation restriction in and to a portion ofthe Common Area and Facilities as required by the Order of Conditions (DEP File No# 242- 1169) issued by the North Andover Conservation Commission (the "Order of Conditions"); and (iii) grmit an access easement to the Harold Parker State Forest as required by the Order of Conditions; (iii) use the Common Areas and Facilities of the Condominium as may be reasonably necessary or convenient for the marketing of unsold Units or to complete construction of any Building or other improvements to the Condominium or additions thereto; (iv) lease and license the use of any unsold Unit; 10 10 n i; n BK 111-082 IDG (v) use any Lint owned by the Declarant as a mode for display for pgrpoms n of sale or leasing of the Units; (vi) um'any 11171t owned by t1te, Ve4nd as an office for the Dmimat's use; r7 and '-' • (vii.) use any Unit a -weed. by the Daunt as a sbraW area for construction. � of u (b) Notwithstanding any provisions of tlds Mastw Deed, the Condominium Trust or the By -Laws to the contrary, the Deelmnt hereby reserves to itself and its agents, representatives' employees and contractors the right and easement to enter upon all or any portion of the Common Arm and Facilities with personnel, vehicles, machinery and equipnient for purposes of constructing, erecting, in$Wling, n opmting, maintaitiitig, rVairing, modifying; rebuilding, replacing, relocating and removing strudures and their _ 4PPurtmiances,. utilities of every character, trees, shrwbs, in landsca r�o p g, ads, drives, walks and all such Other structures and impmvements as the Deelwwt shall deem neemmary or desirable to com ete the development of the Condoner inum, iacludi the development and addition -to the Condominium of future phase(s) as:petmitted by p�h 18 of this Master Deed and the development of cordon use &cilities should the Doolarant elect to develop same 'f"1 L j pursuant to the rights:reserved to the Declarant in paragraph 18 of this Master Deed. This easement shall include: the right to store at, in or upon the n Common Areas and Facilities vehicles, machinery, equipment and materials used or to be used in connection with said development work for such periods of time as shall be conveniently required for said development work. This right and easement shall not be construed to limit or restrict the scope of any easements n granted for the purpose of facilitating development and expansion of the Condominium under the provisions of any other paragraph of this Master De,�ed or any other instrument or document, or under applicable law or regulation. n 12• bent for EneroghMML if any portion of the Common Areas and Facilities now encroaches upon any Unit, or if any Unit now encroaches upon any other Unit or tapon any pardon of the Common Areas and Facilities, or if any such encroachment shall occur hereafter as n a result of (a) settling of a Building, or (b) alteration or repair to the Common Areas and Facilities made by or with the consent of the Condorninium T ustees, or (c) repair or restoration of the Buildings or any Unit after damage by fire or other casualty, or (d) condemnation or n eminent domain proceedings, a valid easement shall exist for such encroachment and for the maintenance of the same so long as the affected Building stands. u 13. Units Sola W .to Ill ACE D�§di.init Deed acid Con�mnicr m, All present t1 soul future owners, tenants, visitors, invite", servants and occupants of a Unit Shall be subject to, and shall comply with, the provisions of this Master Died (incl"ng, wi�ut limitation, paragraph 18 hereof, their Unit Decd„ the Condominium Trust. - . BY -Laws, and the Rules and r� Regulations, as each may be:arrieiided from time to time, and the items affecting title to the Land as set forth in Exhibit A. Each Unit Owner, including the Declarant, shall be required to pay a. proportionate share of common ex enses upon ion being assessed therefor by the Condominium n tee028781U) 1 n Lj 11 n........ ........ u � BK 10082 P Trust es is.provided 1hemin; such assessment to commence as of the conveyance of the first Unit. The accelitanee Of a:deed or eortveyanCe Of .1 Unit or the entering into occupanc'Y ofany Unit shall constitute an agreement that the previsions of this Faster Deed (iuchWing, without `' limitation, pwaph 18 hereof), the Unit they may be amended from time to time, anddthe said teras tura T title and By-Laws, tas forth in Exhibit A, are accepted and ratified by such owner, t acting � set '-� oCCtlpa3lt; and all of such �� visitor, invitee, servant or provisions shall be deemed to be covenants running with the land and shall bind any person having at any time any interest or estte in such Unit, as though such ►� provision4 were recited and stipulated at lenith in each and every deed or conveyance or lease v thereof (v+) No imstrutnOnt ofamandinent whichptuports.to-affect•the Declarants reserved rights to construct ,and add. additional phase(s) to the Condominium as set forth in paragrtiph 18 or elsewhere in this MMter n fictrza�a� 3 2} 12 n 12 14. Ain Li (a) r1xQe9 IS otherwise -provided in paragraph 18 ltexec�€svith.txsspect to amentlrrtents adder new:phase(s) to the opdb P(� lit , this MasteF•l d ay be mended by an 1rFStrunient in: w#i�ng (a) -assented to Eby the ()WXM.-eflf Units the at time e0filled to at least sixty seven (61%) pamnt or inose ofthe :vidW: interest in the Coinmo�p Areas and Facilities ¢t ie Troatiees may ceriifyas• to: sub assentx and (b) duly recorded wig the Registry, pMvided that: (i) Ths slate on which any -such ins of Me ent ia: first assented to by an Owner ci f a Unit sh$ll be indicated: thereon•ae -he date thereof and no such instrtnment shall be of any force or effect Unless so recorded in the Registry within '4x (6) months after such date. c1 ' ' No in.�ment of amendment which alters the dimension of any Unit shall be of any force or effect unless signed by thOwner eof. the Unit so n altered. v (iii) Except as provided in paraagrsph IS hereof with respect to anxndmcnts adding new phase(g) to- th$ Condom nium, no instmment of amendment -7 which alters the.percentage of undivided interest to which any Unit is J entitled in the Common Areas and Facilities shall be of any force or effect unless signed by the Owners of all affected Units. n u (iv) No instrument of arncndmem which alters this Master Deed in any manner which would render it contrary to or inconsistent with any requiremcnts or Provisions of the Act shall be of any force or effect. (v) Whcr-c required tinder the provisions of this paragraph 14 or the Act, the instrument of amendment shall be assented to by the re gWsite number of holders of the Unit Owners' first mortgagees of record with respect to all of the Units. (v+) No imstrutnOnt ofamandinent whichptuports.to-affect•the Declarants reserved rights to construct ,and add. additional phase(s) to the Condominium as set forth in paragrtiph 18 or elsewhere in this MMter n fictrza�a� 3 2} 12 n 12 U U n LJ r1 u Bis' 10082 PG 13 Deed or the Deelarttmt's reserved rights to eenstru(% erect or install comtnom use facilities as set forth herein shall be Of any force and effect uWess itis assentOd, to in writing by the Declarant, and this assent is recorded with Mach �ieatdrment at the Rrgistry. (vii) No instrument of amendment which would adversely affect the Dechmmt's right and ability to develop andfor market the; Cosrdominivm, as it may be expaudcd pnm mt to the provisions of paragraph 18 hereof to includeadditional phases), shall be of any force or effect unless it is assented to in writing by the Declarant, and this assent is recorded with such \ amendment at the Registry. The requirements for the Declarants assent contained in this subparagraph (vii) shall terminate upon the completion of construction of all phases of the Condominivan and the sale of all Units. (moi) to i€>strutraerat of amendmait which purports to Mend or otherwise affect btbparagraph 0) of this paraWgpb 14 shall.- be of any force and effect unless si%ed by ail. of the U- t *t Viers aril VMh res}>ed to the Dnitfi, all fist mot tgagees ofreccmd (ix) Declarant r,.eseg " the right t'O amend &C ]1 ter. Deed and the Condominium Trost at my time:gad Brom time td titer ja d wanner required by any Mortgagee of i3ecdarattt; prnvidad drat ao such amendment shall adversely m ee t: the fee ownersMp or exeiusive rights. and easments of any Unit OWney or his, her or its percentage intereg in the Common Areas and Facilities. Any srac-I amendment may be made witbnut the <xmsent of the Unit owners or the mortgagees, provided that the Unit Owners and their Mortgagees shall promptly execute a consent to any such amendments at no expense to the Declarant. (b) This Master Feed shall not be altered, amended or. otherwise changed if such alteration or amendment will, in any manner, disqualify the sale of Unit mortgages to Federal Home Loan Mortgage Corporation (hereinafter "FHS») or Federal National Mortgage Association (hereinafter ,,D!! r X). All provisions of this Master Deed shall be construed so as to qualify any such mortgages for sale to FHLMC and FNMA. (c) Notwithstanding anything herein to the r;or3trary, (bat subject to any greater requirements imposed by the .Act), Deeclaraw reserves dw right and grower to file a special amendment (hereitrtsfler °`� endue . to this Maker Deed or the Condominium Trust at any tithe and fr6m tains W:tirne which amends this Master Deed or the Condominium Trust (i) to comply with the requirements of the FNMA, the Government National Mortgage AssOrldtion, the FHLMZ C, the Department of Housing and Urban Development, the Federal Housing Association, the Veterans Administration, or any 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 M287815.2} 13 �r.�...�..sar4lG�,+.i�lt�oPT. 1t4,�9F„asts�a..--•�...... .r�.!.t.C.....�•a-n..� ........... , . — .�.�.....o, .. ......... ... -.-+.. f7 u BK 1 01382 PG IU Ynarsntee first nmortgages covering Unit owncrsidp (iii) to bring this baster Deed n or the Corium Trust into �piiattce with the Act, or (iv) to eorre t u clerical, t�+pographieaI or other errors in this 14laster Dced or any exhibit thereto or any supplement or smendtnent thereto or the Condominium Trust, in furtherance of the foregoing, gcnitng, a power coupled with an interest is hereby reserved and granted to Deelaraat to vote in favor of, make or consent to, any each SpOcial Av=dment(s) on -behalf of each Unit Owner. ac .h !' other evidence ofobl(gation, or other instrument of ec ting a Unit �l I �e� u we and be deemed to be the acceptance oil and a consent to the reservation of, the Power to the Declarant to vote in favor of, Snake, execute and file Special n Amendments. The right of the Doclarant to act Pursuantto rights reserved or granted under this paragraph shall terminate at such time as the Declarant no longer Bolds or controls any Unit in the Condominium or has no right to add n additional phases of the Condominium. u 1:5. I'rwisionx.r tlt4t-prote of`Itrfoti�a n� n baster i or:m__tha Gondiiiit.'fst:n:3 Yew so tom; prasior�s thm ahaffgovein an a cQbl..e :and `o ase l ; as 'Order, tq 1afy rtgtlges:oft3sis iii teba cm3 slier safltia (lit,1l prA;. a $picable under n laws and regulati-Pm apglica010- thereto and-sW: aP y #ot 1he ire tlae holders of the hrs�t mortgages (herein#% "First --Mbn =Re) of record. with zesYaecfi .to the Units and shaEll be i� enforceable by any First Mortf,•agee: n 0 n (a) In the event that the Unit Owners shall amend this Master Deed or the Condominium Trust to include therein any right of first refusal in connection with the sale of a Unit, such right of first refusal shall not impair the rights of a First Mortgagee to: (i) foreclose or take title to a Unit pursuant to the remedics provided in its mortgage; or (ii) accept a dem (or assignment) in lieu of foreelosure in. the event of defatalt by a mortgagor; or (iia) sell or lease a Unit aequircd by the First Mortgagee through the procedures described in subparagrapbO (a) (i) and (a) (h) above. (b) Any party who tabes title to a Unit through a foreclosure sale duly .conducted by a First Mortgagee shall be ex=pt from any such right of first refusal adopted by the Unit Owners and incorporated in this Master Deed or the Condominium Trust. (c) Except as provided by applicable law, any First Mortgagee who obtains title to a Unit by foreclosure or pursuant to. any other remedies provided in its mortgage or by law shall not be liable for such Unit's unpaid common exPenses or dues which accrued prior to the acquisition of title to such Unit by such First Mortgagee. (KO283818.2) 14 14 i� F -I BK 10082 PG 15 U (d) EXCkpt as Provided by statute in case of condemnation or substantial loss trr the n rids- 81WOr Common Areas and Facilities of tjj6:C=domWum, unless at least sixty-seven (670/p) perewl of the (i) .First Mortgagees (based on one (1) vote for each first ono e o riga$ caned), and (ii) Owners of Iritaits (rather than the Declarant, sponsor, developer or builder) have given their prior written approval, the Trustees shall not: (i) by any act or omission, stilt to abandon or tate :the Condimxini#m, n change the :pre -rata interest or obligoons of any individual Unit for the purpose of (a) levying assessamts or charges or a ocating distributio n of hazard insurance proceeds or condemnation awards, or (b) determioin u the pro -rata share ofownership of each Unit in the Common Arm and Facilities; provided that this probibition shall be deemed waived to the h extent necessary to allow the phasing: of the Condominium pursuant to paragraph 18 hereof; .or n L-A 4oxereiga} t5 F1 u (iii) partition ©r subdivide any Unit; or . n (iv) by 4my act or oanission -seek to abandon, pin; saaiadividef =umber, sell or. transfer the Common Areas and Fadli€i�; �rrovided that the i-1 granting of easements for polis utilities Or for oticr public purposes consistent with the intended use of the Common Areas and Facilities siaall not be deemed an action for which prior consent of the First Mortgagees shall be required pursuant to this clause, and provided that this prohibition ' shall be deemed waived to the extern necessary to allow the phasing of the ' Condominium pursuant to paragraph 18 hereof; or n (vJ use hazard insurance proceeds on account of losses to either the I.rraits or u the Common Areas and Facilities for other than the repair, replacement or reconstruction thereof, except as nthervvise provided in Scetion 5.6 of the Condominium Tru6j which contains dealing provisions with substantial losses in conformity with the requirements of Section 17 of the Act. r-1 (e) Consistent with the provisions of the Act, all taxes, assessments and charges which become liens prior to a first.Mortgage under the laws cif the Commonwealth of Musachirseds shall relate only to the individual Units and not r t to the Condominium as a whole. (f1 In no event shall any prcnvision.of this Master Deed or the Condominium Trust give a Unit Owner or any other party priority over any rights of a First M- Ortgag©c i pursuant to its mortgage in the ease of a distribution to such-tlnait Owner of L insurance proceeds or condemnation awards for losses to -or a taking of such Unit and/or the Common Arrau and Facilities. r'i n L-A 4oxereiga} t5 F1 u rl n i V -J M, 10 Li BK 10082 PG (g) Upon vy!rittm request;o t114C Tit us Of the Condominium Trust identifying the name-aud 4.40M. Of the-hp'.Wer, insurer or Wym - =taj F'amtor and the Unit number or addrem any First M-01tgagee or insurer or governmental. guarantor of said first mortgage Qxreinaftw-respectively, the i's and the Tm-*1_ekfflRntSY"Or41F11i w the case may be) will be entitled to fihWy written notice of - (h) 0(0287815-2) (i) Any Q011demnation loss or any c4slWty. low whieb affects a material Portion Of the COndOnlinium or any Unit on which there: is a first mortgage held, insured, or guaranteed by such Eligible Mortgage Holder or Eligible Insurer or Eligible Guarantor, as applicable; 0i) Any delinquency in the Payment -of assessments or charges owed by an Ow=r of aUnit subject to a &%. MGltpgCC h4Wj insured or gwanteed by such Eligible Mortgage Holder or Eligible Insurer or Eligible Guarantor, which remains uncured for a period cif sixty (60) days; (iii) Any lapse, moellaflonOr material MoMr i afift C.,f my insurance PIDUCY or fidelity board maintii ed:� . Y the Trusteas of Coudomini= Frust; (1v) Any Proposed action winch would require the mment of a specified percentage of Eligible Mortgage Holders as %mified in this paragraph 15. 'ro the extent pert witted by UPPlicabic law, Eligible Mortgage Holders shall also be afforded the following rights: Any restoration or repair of the Condominium after a partial conde=Won or damage due to an insurable hazard, shall be pmfbmied substantiany in accordance with the Mastw Deed and the original plans and specifications unless other action is approved by Eligible Mortgage HoWezn , holding mortgages on Units which have at least fifty-Onc (51 °/u) Percent of the votes of Units subject to qualifying Eligible ,Mortgage Holder mortgages. (ii) Any election to tamin4tc the legal %-Wusbf the Condominiumafter substantial destruction or a substantial taking in con dernnation of the COndOinW= Property must be approved in Writing by Eligible Mortgage Holders holding mortgages on Units which have at least fifty-one (51 %) Percent Of the votes Of Units subject to qualifying Eligible Mortgage Holder mortgages. Except as QdWM--8Q Provided-. herein, no reallocation of interests in the Common Areas and Facilities resulting from a partial condemnation or partial destruction of the Condominium may be -offected without the prior approval of Eligible Mortgage Holden holding mortgages on all remaining Units whether existing in whole or in part and which have at 16 16 Big 10082 PG least fifty-one (5I "/a) -perscnt of the votes of such remaining Units subject to qualifying Pfigible Mortgage lclolder mortgages. (iv) Wbm prt?fossmal Mit has been prawmly required by an EliOle Mortgage Holder or EljeW Iamw or Iftible motor, whether such entity became an Eligible Mortgage' Holder or ERVIYle Imrer or Guarantor at that time or later, any decisim to establisb self management by the ].'rust shall require the prior consent of Owners of Units to which at least sixty-seven (67%) percent of the votes in the Trust are allocated and the approval of Eligible Mortgage Holders holding mortgages on Units which have at least fifty-one � 51% ) percent of the votes of Units subject to qualifying Eligible Mortgage Holder mortgages. (i) Condominium :dues or charges include an adequate reserve f and for maintenahce, repair and- replwAtneot ofdose p si s Of the Commm Areas and Fapoli#es thst must'be replaced ona periodic bay, and shall= bo payable it regular installments. In addition, a working qaoW. fland sha11 be aftblidted.equal to at least a two (2) months' estimated common area charge for each Unit and shall be maintained in a segra led acemnt. Each units dIW of the working eap W fund must be oWlected and transferred to the 'trustees at the earlier of the time of closing of the sale Uf each Unit or at the Transfer Bate (as that team is defined in the ,Condominium Trust) and maintained in a segregated account for the use and benefit of the Condominium Trust. The puipose of the working capital fund is to insure that there will be cash available to meet unfore:�een expenditures, or to acquire additional equipment or services deemed necessary or desirable by the Trustees. Amounts paid into the fund are not to be considered as advance payment of regular assessments. n. -To a , co�ntint for ofwsional mane (1) grt' }� � gezmexctof the Condominium or any ether L-A contrud with the Declarant, developer, sponsor or builder, may exceed a terns 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 less or written notice. r"} (k) The Trustees shall make available to the Unit Owners. and mortgagees, and to Eligible Mortgage. )folders, Eligible Insurers or Eligible Guarantors of any firsit mortgage, current copies of the Master Deed, Condominium Trust, Ey-Laws, other rules concerning the Condominium and the books, records and financial statements of the Condominium "crust (including audited- financial statements '—' whiel► shall be available within orae hundred twenty (120) days after the end of the n 'c'rust's fiscal year). "Available" means available for inspection upon request at the offices of the Condominium Trust or professional managemmont firm then u managing the Condominium, or at the office of the Trustee, during normal business hours or under other reasonable circumstances. (K0287816.2) n .,.... ... ...... _., _ ........... LJ U 17 17 BK 10082 PG Ex"Tt for amendments to the Condomini= documents or termination of the Condomini= made as a result of destruction, damage or -condemnation as above set forth: (i) The Muent -of Own= of LhdW to WJi'Qh at IC29 sixtY-seven (67%) Perem Of the votes: in the: Cond=hibun Trug are allocated and the aPprPvMd Of`EligMC MWtPP Holders holding mortgages on Units wNch have, at least -fifty-one (5 1 Vo) percent of the votes OfUhift subject to Eligible Mortgage Holder mortgages, shall be required to terminate the legal status of the Condominium; and 00 �he consent of the Owners of Units to which at least sixty-seven (67*/o) percent of the votes in the Condominium Tlust.am allocated and the approval of Eligible Mortgage Holders holding modpgQs on Units which have at least fifty-one (51%) percent of the voter, of Unitssubject to Eligible Mortgage Holder mortgages, shall be required W add or amend any materia! pmvisi:ons of the Condominium do ants of the Ccmdcminiumwhich establish, provide for, govern or regulate any of the following. IK0287815.21 ri I (a) Voting, (b) As ssnients, UUM=09 liens or subordination of such liens; Deductions in 'escrVOS for m2iftlenan-e, repair and ro-Pl"'W"Ont Of. the Common Areas and Facilities (or Units if applicable); (d) Insurance or Fidelity Bon&; (e) Rights to Use Common Are"- and facilities; RMOnsibilitY fear m4intemnce and repair of the several Porti(m of the Condominium; (g) Expansion Or contraction Of the Condomir-durn or the addition, wmexation, or withdrawal of ptpp 01ty to or fivM the project (except that D=14=14s right to add...addItional phases to the Condominium punt to paragraph 18 shall not be adversely affected unless Declarant convents to such amendment); (h) Boundaries of any Unit; The interest-, in the Common Areas and r-acilities; 18 .. . ........ 18 BK 10082 PG Converfibility of Units into Common Areas and Facilities or of Common Areas and Facilities into Units; Lj (k) Ding of a Unit, (1) Imposition of my right of first reftal or hilar Mtdofion on the right of a U'aft Owner to -sell, transfer or otherwise convey his or her Unit; or L.J Any provisions which are ft the express befit of mortgage holders, migible Mortgage H'Qldeor-Eligible insurers or Guarantors of first Mortgages on Itnits. Any First Mortgagee which does not deliver or post to the Tmtepsof the Condominium ri Trust a dative reW=e Within thirty (30) days of a Wntten request by the Trustees for Approval of any addition or ammdment pwsuant to this paragraph shall be downed to have consented to the addition or change, set forth in such request. An &Mavit by the Trustees m9dng:refi=ce to this section, when Mordod at the Registry, shall be conclusive.evidence as to the "istmw or nonmLaterm of any fact, or to any conditions p=edent required for any action taken in connection with this Paragraph, and may be relied Won by any Per= Without being recon -ed to make independent inquiry. 16. SEMlUft. The invalidity or unwforceability of my provWmof this Muter Deed shall not be deemed to impair or aff(xt iia any roamer the validity, enfin=obility or effcct of the remainder of this Master Deed, and in such event, all of the other provision.q of this Master Deed shall continue in full force and effect as if such in -valid provision had never bow included Lj herein. 17. Waiver. No provision contained in this Master -Deed shall be domed to haw b,-,enabrogated orwaived 'byreason cif any 4ai lure toenforce the same, irr�pecfiveof the number of violations or breaches drat may occur. 18. Dcolaraufs Reserves Ri&Et2,_Const- 0t. pd Add F t e -hasm ne Con4orninium is planned to be developed as a phased condo M-initun, mch phase of which shall include one (1) or more Buildings containing one (1) or more Units, or other site improvements. In order to permit and facilitate such development, the Declarant, for itself and all its successors and assigns, hereby expressly reserves the following rights and easements: (a) The Declarant shallhavethe right and easement to conRuu-cj, erect and install on the Land on which the Condommium is located, in such locations as the Declarant shall in the extrcise of its sole diScretion detemine to be appropriate or desirable: (i) Additional Buildi%,f-s), each housing one (1) of more Units; paths; (ii) Additional roads, drives, par -king spaces and areas, Landscaping, walks and (KO2878152) - 19 19 rj 8K 10OR2 PG Li Now or additional fmccs. or decorative bamm or enclosures and other structures of every character; (iv) New or additional conduits, Pim. wim, poles and otbgr lister, equipme and :installations of every character for thin fiamishing of utilities; std L_j (y) All and any other Buildings, Stnwtures, ia4mvemm& and installations as the Declannt'shall detennine to be appropriate or desirable to the development Of the Condominium as a ph&wd condominium. For purposes of such T�011, the Declaraut shall have all of the rights and easements reserved to it insu phragraph I 0(b) heroof. I L_j i Th'O Phase Or Phases W1116 the Dedu'=.t wishes to add to the Con&mwium may be so n added atone time by 4sigglenmendmeattotbis by multi . . I Master Dee may he added at different times .Plo amendments to- this Mager Deed. Upon the reCOTA949 of an amendment adding any Unit or Units to the- Condominium, such-thfit or Units, shall become part of the Coadorniniurn for all PurPOSM shall be included wither the: definition. of :as used Mi. this Master Deed and shall otherwise be subject in all- respects to this Mas.W'Deed and the Condominium Trust and By -Laws. n n Lj Ownership of the Units fOnning a.pact of BaildluS(g) addWto theCon.&minium by the phasing amendments described above, and all appurtenances thereto, constructed by or for the Declarant purm=t to the said resmad rights and eascn=tQ,, shall remain vested in the Declarant; and the Declarant small -nave the right to sell and convey the said Units as Units of the Condominium without accounting to any party (other than the Declarant's mortgagees) with respect to the Procemls of such sales. Except as hereinafter exprysjy limited as to the ;na%j=iun number Of Units which may be added to .the cmdomi'murn as pat offutm phases, the Declarant's reserved rioitsd an easements to'construct and add.to the Condominium additional Units, together with its designated appurt--nant pwking Space(s), StOrage'Fadlit-Aies), Common Amu and Facilities and Limitad Common Areas and Facilities, shall be unlimited, The followingsubpa mgmos are q set forth to fug -her describe the scope of the Declarant -s reserved rights and easements under this paragraph 18: (b) I -Amo Limit After Whigh ke Dechuant M Arid New Mi, The DecUrant's reserved rights to amend this Master Deed to add: new U -0 -Its. to the Condominium as part of future phase-, shall expire upon the first to Occur of the following events: .IK0287815.21 . ............ The expiration of seven (7) years after the recording of this Master Deed in the Registry; or 20 20 7 8K 10082 PG 21 U (ii) The total Units then inch in the Condominium by virtue of this Master r7 Deed and subsequent amendments herato pursuant to this paragraph IS reach the Maximum Limit (as hereinafter defined); or The Declarant sWl record with ttte Rewe a atatemont cif o* relinquishing its reserved rights to amend this Master Deed to add new Units to the Condominium. h (c) Location of Potato IMprove ng te. There are no limitations imposed on the tocatgon of fttttlre pbases, Ouihiings, structures, improvements and installations to \ be constructed, erected or installed on the Land pursuant to the rights reserved\o the Declarant under this paragraph 18. n ($) Size.of 19itase. There .ate no Minimum or imp size limitations on the 4iittue phase(s) to be added to the Condominium. A phase may emist of any number of } Buil gs containing. any numbers. of Units; provided, However, -that the Maximum-I;iiahit of per iffed Units for the enter C;orad=inium as set forth in the imm"aWy following V:a1 (e):is not cxr,eeled. (e) M NW= plumber of I.Tnits Whigh. Mav be Added by Eugw Tbases. The Deolaraut may not amend this Master Deed to add more than -two hundred thirty two (232) additional Units to the Condominium- as part of mature phases; so that the total number of Units in the Condominium shall not exceed two hundred r, seventy (270) (hereinafter the "Maximurn Limit"). -� (f) TW,of units Which i 4gty be Constructed and Added to the Condominium as Part. of.Fttttire Phases. The strtiawal type and $uatity of construction of Buildings and improvements added during fare phases will be consistent with the initial construction. The Declarant shall, however, have the right to vary the boundaries of future Unit(s) from those described in subparagraph 6(c) and 6(d) hereof. `-' (g) Rigk to Designate Common Areas and Facilities as ARp gTtenant to Future Units. r; The Declarant reserves the right to designate certain portions of the Common Areas and Facilities as Common Areas and Facilities for the inclusive use of the 4 Units to be added to the Condominium as part of A* re phase(s) or as provided for in paragraph 11 (a) (ii) hereof. Such future designated Common Areas and Facilities may include, but shall not be limited to, fences, steps, terraces, decks 'L• porches, balconies, patios, storage facilities, walkways and parking spaces or areas. As hereinafter described, each amendment to this Master Deed adding n additional phases) shall specify the Common Areas and Facilities appurtenant to the Units in such phase(s) if such Common Areas are different from those described in paragraph 7 hereof. n (h) Declarant's Reserved Riidhts to Comatrnet Future Common Use F@ a Mics in the u V-0imm Areas and Fae>lties The Declarant, for i$self end its successors and M {K028i$t5.2} 21 r� h Li (KC287$15.2) 22 22 BK 10082 PG assigns, hereby expressly reserves the right and easement to coustruot, erect and insW1 on the Land in such locations -as it shall ilirtcam�e � be Appropriate or desirable one (l) or more common use facilities (hereinafter `faM on Use F Citi Aies') to serve the Condominium , together with all such Utility conduits, Pipes, wigs, poles and other lies, egttipmcnt and installations as shall be associated therewith. Such Common Use Facilities may include parking f teifity(ies), swim M- ing Pool{s), Community buildings) or any other facility for ' common use by the Unit Owners which the Declarant shall deem necessary or desirable. Upon substantial completion of such Common Use Facility, it shall become part of the Common Areas and Facilities to the Condominium; and the Declarant shall turn it over to the Condominium Trust for management, operation and maintenance and the Condominium Trustees shalt accept responsibility for such manag=mt, operation -and maintenance. Nothing contained in this paragraph 18 (h), however, shall in any way obligate the Declarant to construct, erect or install any such Common Use Facility as'part of the Condominium development. �j The Declarant may add fuNro-Phase(s) and'B xWO) and any, Unit($) lhe t to ,Lj the Condominiumby ex=t .and r=mlin g with the i��istay annadmet#t(s) to this baster Deed which shall Main the fol1UVY$1jg l4fO3L=$iLffi: n (i) An amended EXhibit B describing the WWng(s) being added to the Condom; (iii) An amended Exhibit C deswibing the designations, locations, approximate `—' areas, nurn.bers of rooms, immediately accessible Cotnanon Areas and Facilities and other descriptive specifications of the Unit(s) being rl added to the Condominium, as well as describing any variations in the boundaries of such Units from those boundanes set forth in subparagraphs 6(e) and 6(d) of this Master Deed. n (iii) If the boundaries of the Unit(s) being.aEdded: to the Codonuim uxa. vaay L from those described in said -subl8th&=`G(.c) and 6(ii), the dit(on of the Common Areas and Facilities cDritatneci is paragraph ?hereof shall be modified, as necessary, with respect to such Unit(s). (iv) An amended Exhibit C settin forth the $ new Percentage ownership F), interests for all Units in the Common Areas and Facilities of the Condominium based upon the addition of the new Unit(s). 7 (v) If any of the Common Areas and Facilities designated as 4ppurtenant to the Unit(s) being added to the 4C n Qminiutn vary from any descaibed Ly herein, a description of such variations so as to identify the new or r1 modified Common Area and Facility appurtenant to the new. Unit(s). Such description of the new or modified Common Area Facility and appurtenant to the new Unit(s) shall also include a statement as to whether they are to h Li (KC287$15.2) 22 22 BK 1=82 PG be maintained by the Condominium 'Trost or by the Unit Owner of the Unit to which they are appurtenant. (Vi) Revised floor plans(s) for the new Units being added to the Condominium, which floor plan($) shall cOntlily with tha requh ements of the Act. (vii) Upon the:.recording of any mch- cm to tht Master Deal so as to ie3CY#Kte such lti l pitasc(,t . the t.'�its in such BuIldiag(s) shall bmme Units in the 4CO3nj?n WUM for allpurposes, including the right to vote, the obligation to pay assesscxtettt4 and all: otTrer rights and obligations as set forth herein for Units i� the fnt phase of tate Condominium. u The Declarant shall trot amend the Mader Deed so as to. include any additional.pbOM(s) :until: file eonsiructim of the Buildings) containing rl the Units comprising such phases(s) have been substantially completed sufficiently for the certification of plans as provided for in. Section 8(t).- of the Act. n It is expresaIy Utderstood. and-aWv d thRt 00 such am. ; a ; ' t(.ng-r pheseo to the Condominiums shall rewire the 4Rp8oit1w. - W- - pt:as dlrea€y pr�ivltleil ih tltia.ps#��pit l g) or signature in any manner by any Unit mer, any person clahiaffig, by thr o9' under any Unit Owner (including the holder of any mortgage or other encumbrance,With spec�t to any Unit) or `-' any other party whatsoever, and the only signature whieh shalt: be required on any such amendment is that of the Declarant. Any such amendment, when executed by the Declarant and recorded with the Registry, shall be conclusive evidence of all facts recited therein and of ►� compliance with all prerequisites to the validity of such in favor of all persons who rely thereon without actual knowledge that such facts are not true or that such amendment is not valid. n i u Enda Unit Owner understands. and alFees that as addi-401W pha.,jc(s) rontd-niug additional Unit(s) arc added to the Condominium by amendment to this Master Daed pursuWt to the Declarant's reserved rights hereunder, the percentage ownership interest of bis Unit in tine Common Areas and Facilities, together with his Unit's concornitntnt interest in the Condominiums Trust and liability for sharing in the common expenses of the Condominium, shall be reduced as the value of his Unit will represent a smaller proporticm of the revised aggregate fair value of all Units in the Condominium. Upon the addition of a subsequent phase, t'sm percentage ownership interest of each Unit in the Condominium will be recalculated on the basis of the approximate relation that the fair value of the Unit on the date of the amendment bears to the aggregate fair value of all Units. The effective date for the change in the perccntage ownership interest by reason of the addition of a subsequent phase is the date of the recordation, in the Registry, of the amendment to this Master Deed adding a phase. Every Unit Owner by the accoptaince and, recording of his deed ttn his Unit hereby cow is for himself, his heirs, administrators, =cc*orrr, successors anis assigns and all other persons claiming by, through or under hien to the Dzelatant's reserved rights under this paragraph 18 and expressly agrees to the said alteration of.his Unit's appurtenant perecntage ownership IK0287515.21 23 23 ._ ....... __ �� .._... n 19. No Severancc of Ownershi„R. No Unit Cher sal bxecu€e :any deed, lease, Lj wK 110082 PG r -a therdat (a:) the undivided interest in the Common :Arm -a.W Facilities app menant thereto, (b) u interest is the Common Area and Facilities of the Condominium when new pMse(s) are aged h to the Condominium by amendment to this Master Deed pursuant to:this paragraph 18. u In the event that nQi:w.itttan(fing the proviga s of fts pangmph 18 to the oontrary, it n shah ever be determined that the signature of any Unit Owner, other t'baa the Declarant, is required on any amendment to this Master Deed wbich adds new phases) to the Condominium, `-' then the Declarant shall be empowered, as attomey-ut fact for the owner of each Unit in the Condominimt, to execute and deliver any such amendment by -and on behalf of and in the name !-t of each such Unit Owner; and for this purpose each Unit Owner, by the acceptance of the deed to u his Unit, whether such deed be from the Declarant as grantor or frown any other party, constitutes and appoints the Declaran� as his attorney-in-fact. This power of attorney is coupled with an �1 interest, and hence shall b6irrevocahle and shall be binding upon each and every present and Ls future Owner of a Unit in the Condominium. n 19. No Severancc of Ownershi„R. No Unit Cher sal bxecu€e :any deed, lease, mortgage or other instrument conveying or mortg4ongAde to his or Iter Unit without ineluding therdat (a:) the undivided interest in the Common :Arm -a.W Facilities app menant thereto, (b) r --a any Low ted Common Areas =4 FaeititWs:appiutenjt thereto, (c) any:Faridag Spaces) or. Storage Facility(ies) assigned to such Unity (d)• the interest -of such Unit Owner in any lints theretofore, acquired by the Trustees or tWr "gnee, oti behalf of all Unit Owers, or the r proceeds of the sale or lease thereof, if any, and (b) t. interest of such:Unit Owner in any other *ARpMdMWj assets of the Condominium -(herc inafter collectively, the ltaterestel, it being the intention hereof to prevent any severance of such eorrjk i ed ownership. Any such deed, lease, mortgage or other instrument purporting to affect one -or more of the Appurtenant Interests, !-t without including all Appurtenant interests, shall be deemed and taken to include the interest or interests so omitted, even though the latter shall not -be expressly mentioned or described therein No part of the Appurtenant Interests of any Unit may be sold, leased, transferred or otherwise disposed of, except as part of a sale, lease, transfer or other disposition df the Unit to which such Ls Appurtenant Interests are appurtenant. Notwithstanding the preceding and in accordance with paragraph 8 (b) and (c), any Unit Owner may convey the exclusive right and casement of use n with respect to any Parking Space(s) or Storage Facility(ies) attributed to such Unit to another Unit Owner, the effect of which shall be that all tunes after the first conveyance of each Unit, L-' each Unit shall have an exclusive right and easement to at least one (1) Parking Space. 4 rz 20. Definition. of "Declasane'. For purposes of this Master Deed., the Condominium L; Trust and the 13y- Laws, "Declarant" shall .mean and refer to said Valley Realty Development, LLC, a Massachusetts lintited liability company, which has executed, delivered and recorded this Master Deed, and to all successors and assigns of said Valley Realty Development, LLC who come to stand in the same relation as developer of the Condontiniurn. u 21. Captions. The captions herein are inserted only as a matter of cottveniettee and for reference, and in no way define, limit or describe the sc opo of this'Master Deed nor -the intent of any provision hereof. J 22. f Oyerning;Law. This Master Deed, the Condoittm 'frust and Sy -Laws and the Condominium created and regldated thereby, shall be governed in all respects by the Art as it f-1 v (K0287815.2) 24 n ............... -- - h L-1 n Lj 7 n Lj n U u n KI 14W )- P is in force as of the date of the recording of this Mader Deed. Provided, however, a subsequent gmendUmt oiti revision to, or substRtution For, the Act, shall apply to this Master Meed, the Condominium Trost and By -Laws and the Condominium in the following cases: (a) Such amcadmeni, revision or substitution is by its terms made mandatory on existing Condominiums; or (b) TO the Went :pemitted by appl mble law, .the Unit Owners by a wnit'ten instnonont sighed by hers df Units holding at tit sixty-seven ((t%%) percent Of the Benefelal Interest of the Unit -Owners, as said term is defned, in Section 4.3 of the Condominium Trust, may elect to have su�h amendment, revision or substitution of the Act apply. Such instrument setting forth this election, or a notice of it signed by a maJority of the Condominium Trustees, which notice skall be accompanied by a certification- that the consent of the Unit owners required for it has been obtained, shall be effective when recorded with ft Registry. such imstn mit or notice, as so executed and recorded shall be eenq%s€ve evidence of the existence of all fakir recited therein and of cflmpliance with all prerequisites to the validity thereof in favor of all pe0s * who rely flWeon without actual knowledge that such facts are not true or that such inshument or notice is not valid. N*twithstanding the- foregoing provisions of this :pwagraph 22 to the contrary, the Unfit Owners may not elect to have such amendment, revision or substitution of the Act apply without first obtaining the written consent of the Declarant, which consent shall bo recorded with the instrument setting forth the election with the Registry, if any such amendment, :revision or substitution would adversely affect the Declarant's right and ability to develop and/or market the Condominium, including all its possible fixture phase(s). 23. Transfer of Rights Retained by Declarant. Any and all rights and powers reserved to the Declarant, or its successors or assigns in this master Deed, the Condominium Trust or any Rules and Regulations promulgated pursuant thereto may be conveyed, transferred or assigned for any reason; provided, however, that such conveyance, transfer or assigmnent, as the case may be, shalt be effective when the instrument evidencing same is recorded with the Registry. 24. NOR -Recourse. Notwithstanding anything to the contrary in this Master Deed, or any other Condorctinium document, any liability or claims against Declarant are strictly limited to the Declarant's interest in the Condominium, and in no event shall any recovery or judgment be sought or enforced against any of the Declarant's other assets (if any) or against any of Declarant'~ managers, members, partners (or their constituent partners) or any officcr, employee or agent of any of the foregoing. Further, in no event shall any claimant be entitled to seek or obtain other damages of any kind, including, without limitation, consequential, indirect or punitive damages. F 17 (KO2S781z5.2) n u M 25 5 :3-:-+• �i�2!'.c3• i+^fry;;•.: 2 F6 IN�iTCTN SS'RVi �E4i ? s l'�C Iey Ay ev.. LLCbm c�ae�sedthem preset to be exam ted as a.sealed in4nmmit, ia. � 4y of Mar* 2006. VALLBY REALTY DEVIRL,OFI €, LLC . . � ... • J�3 �,4�_...r,.3?�•. +"`rte~� i•!-fir-s:�e� r Louis P. Iefinic�, Jr., bbivibr r 6 on ms�V'aay of id U& 24106, before mit;ibei undersigned notm •�1 , ply appeared LaiaisViiaaic�cci, Jr. r�r� Eddie lhrougbi satiiyrideatce of idon, which here 0 ddyer's liceaase, asoatall}'. klocion' o' mk * 0 'V' U mdly known to a 3w party person Ey known to me, to be the pers n: whose •nam i$ sigmd oar tis preceding or attached docment, and .acknowledged to ane that ' :—Bowlit'volivAirily . for its stated purpose as Manager of the Valkey Realty 13evelupm . ;'LLC. �4m- Notary bila �^,mr•�.s�h:of wlassaeile My C --nr 2 $IOn EXPOOR july i�ti2$'y �t2;rfii'•• n n u n u FI u n v Kx%V 4 1010,18.12 PG 2 F_xmrrr A LEGAL DzscmnION RUOMI EASIhf MS, RLURVATIO NtS An )DEBT cnceS A certain Mad or parcel of land situate in the Commonweakh of Massachusetts, County of Essex and Town of Nom Andover loeaW on the withwesterly side of the 9alsm Turnpike (Route 114) being more particularly boded -and described as IbUows: Beginning at an iron pipe on the northwesterly sideline of said Salem Turnpike at other land of Meadows Realty Trust; Thence along. the northwesterly sideline of Said Salem. Turnpike S47 -16!03'E eight hundred sixty-three and thirty-five hundredths (863.35) feet to a point on the line between the Town of North Andover and the Town of Middleton; Thence along said town lane SW13'50"W four Md eight -eight huh ft (94.88) feet to a point at land now or formerly of Alfred I Morrison; Thence by lance of said MorrWu th* folloMng seven (7) eou=. Theme S81°I9'13"W seventy-nine and eighty iWp hundredths (7.9,82) feet to a point; Thence N80°5442"W thirty-five and no hundredths (35.00) feet to a•point; Thence N.16114 1'22"W two hundred and sixty-five hundredths (200.65) feet to a point; Thence S28"18'38"W twenty and fifty hundrWths (20.50) feet to a drill hole; Thence N60058'43"W forty-six and ten hundredths (46.10) foot to a point; Thence S44129'I8"W two hundred son. t acid• seventy-eight hundredths (217.78) feet to a point; n Thence S64126130"W one hundred twenty and sev-entmn hundredths {120.17) feet to a Point, thence S64056'05"W thirty and seventy-one hundreds (30.71) feet to a drill hole in a stonewall corner at land now or formerly of the Commonwealth ofMassachu4 . s; n Thence by said land of the Commonwealth the following thirty-two (32) courses: n S86°53'28"W ninety-nine and eleven hundredths (99.1 t) feet to a paint; L► Thence N37°42'02"W one hwuired fifty-five and seven Hundredths (155.07) feet to a pow; n '� point; Thence NV39"06'09"W one hundred seventy-six and fifty hundredths (176.50) feet to a L (K0287815.2) 27 n M BK ;0082 EPG Theme N34°28'13"WF fifty -Osie and twenty five huxndretts (51.25) feet to a point; Thence 985°2428"W ninety-five and seventy hundredths (95.70) feet to an iron pipe; Thence N4r36'32"W sixty -sit and Six - hum (46;16) feel to a point (the Previous six (6) cOMcs are Wong a paErdaRy butes* Aonewall); Thence S410121 7"W seventy -One and. eighty :seven hW*04 . (71.87) feet to a point; Thence 52004949"W one hundred: eight and six hulndred&s (108.06) feet to a stonewall; a paint; Thence along said stonewall SI 10.34'51"W ten and thirty-four hundredths (10.34) fleet to - Thence contimring Siong saW stonewall S2r° -3`27"W twenty and eigbtrthree hundredths (20.83) feet to a point; Thence continuing along smd stonewall 338°00'49"E ;fony.%,e aft4 cipty hundredtbd (42.80) feet to a point Thence continuing along said stonewall S55'13'I$"E twomy and -twenty -pile hum (20.21) feet to a paint; Thence continuing along said stonewall 542024153"E thirteen and sixty:one hnndredths (13.61) feet to a point; 'I once continuing along said stonewall S6204237"E seventeen and forty-seven hundredths (17.47) feet to a drill hole at the enol of said stonewall; 'Thence S15038'20"E twenty-six and sixty-eight hundredths (28:68) feet to a point at the of a stonewall; '1"hence along said stonewall S07°27'0-1 "E forty-eight and forty-eight hundredths (48.48) feet to a point; Thence continWA9 along said stonewall S020-1 0100"W fifty and.seventy-nine hundredths (50.79) fief to a point; Thence continuing along said stonewall S05°10'40"E sixty-nine and thirty-seven hundredths (69.37) feet to a point; Thence Continuing along said stonewall S09,30'26nE ninety, faaur and seventy -mine hundredths :(94.79) feet to a point; Thence continuing along said stonewall S07005'07"E twenty-seven and three hundredths (27.03) feet to a point; {K0287815.2} 28 n Fl, Li n 'u F), u u L, .n u n L' n v M L n BK 100182 P '"Xew"O mti g along said stonewall S18 -17-52T forty and seventy-four hundredths (4(x.74) feet to a point; Thence continuing Wongsaid stonewall S131149450Eowhundred twentyseven and sixty-two hundredths (127:62} fed to a dr:iD hole at ft estd of ss sone rll; Thence S18040'17' E fifty and two hundredths (S(i.02) feet to a poiAt at the end of a stonewai1; Thence al� said stontvall S00 UP29"W twenty five and fc#ty-seven hundredths (25.57) feet to a point at the end of said stonewall; \ Thence S] 5°29'2$"W ecghty and-etglity htut*O&.hs.($t1.110)•f et to & dt tll hole; Thence S93°•1414"W dum hundred seventy seed seventeen hundredths (370.17) feet to a corner. of a. stt:Ynewall; Tl mea along said. stomwali 357°43'28"W sixty tM: and forty hundredtbs (65.41) feet to a point; Thmm contitming althea said stonewdl S59038153"W one hundred. twenty-four and two hundredths (124-02) feet toe point; Tbence continuing along said stonewall Sa4°25'10"W twenty three and thirty-three hundredths (23.33) feet to a point; Thence continuing along said stonawall- S61 °54',07"W thirty-nine and eighty-seven hundredths, (39.87) feet to a point; Tha= continuing along, said stonewall S590373 -W one twudrod four and sixty-six hundredths (104.66) feet to a corn; of a stonewall; Thence along a line of blazed pine trees N77135'44"W one hundred sixty four and no hundredths (164.00) feet to a ring of ston&—, at other land now or formerly of the Commonwealth of Massachusetts; Thence by said other land of the Commonwealth of IVlassacbusetts N 11009133 "W two thousand five hundred thirty-one and twentale hundredths (2,531.29) feta to a point; Thence continuing by said other land of the Commonwealth of Massachusetts and partially by a stonewall N38017'43"W ninety-four and ninety hundredths (44.90} feet to a drill hole at a stonewall teener at land now or formerly of William S. Goodwin: Thence by land of said Goodwin and a stonewall the following four (4) courses: N4501911911E ei0ty-six and eighty-twa hundredths (56.82) feet to a point; {KO287815.21 2s 29 u n, K 10082 P u n Thence N38029'24" E forty -sight -and eighty�five hundredths �45a point; L' Thence S55°OOIT E seven 4ad fQsty-six hundrgdtlis (7.46- f4 t9 a titin hQ* Thence N46'1 4°48 "E fitly -nine and sixty -t11= hundredit (59-0) feet to a point at land now or formerly of 2199 Turnpike Street-lYust ' ? Thence partially by land now or tam=ly of said 2199 Tt ngnke Street Trust, Richard L► Collins and R;ecardo A. Dejesus S47007128'E four hundred sixty-one and eleven hun4redt -s (461.11) feet to it point at land: now or formerly of Randy f). Meadows; n \ L,' Thence by land of said Meadows the following three (3) courses: n S42Q52°32"W six and no bundredths (6.00) fed to a point; L` Thrwe S4701310-I"B one lrndred forty tWo ano twt' :th b, s (142.23) feet to a point; '—' Thence N42° 2'32"%E f ve ltd sgvent.y seven hundr s:{5.77) fleet to.a pea t at lid now or formerly ofLori-Aw Deacon -Bunker, Thence partially by land of said Deaoon-B *er and land now or formerly of Guy N. Richards S47°07'28" E three hundred and no hundredths (300.00) feet to an iron pipe at land now or formerly Michael Sawyer; Thence by land of said Sawyer the following fl= (3) courses: M, u 541°32`32"W forty-eight and forty-eight hundredths (48.48) feet to an iron pipe; M "Thence S46'14'40'13 four hundred iburteen and thirty hnndrediks (414.30) feet to a point; Thence N42°43'57" E cl *-eight and eighty-eight hundredths (38.88) feet to a point at said other land now or formerly of Meadows Realty Trust; n Thence by said other land of Meadows.Realty TrUst the following two -(2) courses: n 84-701603 "E one hundred ninety-six and fourteen hundmd.t is (196.14) feet to a point; Thence N47154'17"E three hundred seventeen and eighty-nine hundredths (317.89) feet n to the point of beginning. Said tract or parcel of land. contains 2,053,328 square. tect or 47.138 acres more or less and is shown as `North Andov4,v Parcel" on a plan entitled "Plan of Land" by 1� HF Resign M Consultants, Inc. dated August 3, 2004; which plan is recordW with the :Essex North Registry of DcWs as Plan # 14839. n (KO287835.2) 30 n L --i " ," .. ... . .......... r 30 n u 10082 PG 31 Lj The Land and all impromm* now or he Rafter situated.theseon ars sub t to the following rights, easements, reservations and restrictions: n (a) Easement for telephone and eleetric-mires conned in dead Of0ifton S. Bm ry to Harry D. BcrrY and Bm tha Be". dated April 16, 194-1 and recorded with; *e Essex North Regis ofDeeds at Bogk 639, Pap 151; FW Li n 'u n t U n (b) Order of Taking by the Co=.ionwealth of Masnrhus¢tts,: Det of PUblic Worksfor lay out of Salem T om, dated: July 30,1946 and remded with1he Essex North Registay of Deeds at Book 689, Page 28.1 and as set lba in a deed of Clifton S. -13er y wlga Clifton Starrett Berry, to the Conunonwealth of Massachusetts, through its Departmentof Public Works, dated August 18, 1947, and recorded with the Essex North Registry of Deeds at Booif 701, Page 287; (c) Stimulation and Agreement by and between, Clifton S. Berry and Essex County recorded with the Essex North Regal ofD:eods at'Book. E39, Page 462; (d) Tagg by the Conrmoawealtb of MassachuseW, Dgmtment of Public Works, slated Mamh-25, 1970 and ree rded with iba Essex; North Registry of Deeds at Book 11 -50, -Page 527; (e) Slope and Grafi Easement from TheWore J. Meadows and Florence Meadows aWa Florence M. Meadows, Trustees of the Meadows Realty Trust itldlt October 29, 1984 and recorded with the Essex North Registry of Deeds at Book 1888, Page 343 to Valley Realty Development, LLC, dated August 5, 2004 and recorded with the Essex North Registry of Deeds at Boon 8978, Page 316. (f) EasenreW from Valley Realty Dafveltipment to Verizon New England Inc., dated March 18, 2005 and recorded with the Essex North Registry of Deeds at Book 9736, Page 257. (g) Comprehensive Perrrrit issued by the North Andover Zoning Board of Appeals, pursuant to M.C.L. e. 40B, §20 ct. seq., dated January 14, 200:3, and rec' orded with Essex North District Registry of Deeds at Book 8978, Page 320; (h) Order of Conditions (DEP File Nurnbtr 242-11-69), dated January 23, 2003 , and recorded with Essex North District Registry of Deeds at Book 8979, rage 1, as extended by Extension for Order of Conditions recorded with Essex No#h District: Registry of Deeds at Book 10019, Page 229; (i) Order of Conditions (DEP. File Number 242-1180), dated J4nua3ry 23, 20113 , and recorded with Essex North District Registry of Deeds at Book 8979, Page 3.5; (E) Regulatory Agreement, by and between Seller and TD Banknorth, N.A. dated May 25,2005, and recorded with the Registry at Book 9532, Page 228; {K028781 5.21 31 BK 10082 PG 32 (k) E.aftmcnt from Valley Realty Devclopmnt, LLC to Massachesetts htettrttic ComPany, dated Deember 2, 20(iS and with. Essar Noi#h District registry of Deeds at Beak 9950, Page 174; (1) LRights of tb'e Public MW Others entitled' thereto in and to so mud of the property lying within the bounds of Turnpike street and adjacent. streets and ways; and (m) All other easements, restrictions, c and tiaffi, 0ments-and reservations of zecoA if any. (KOWS15.2) 32 n Li n \ u n n LA n Li n M Lj n f Lj n L n n n n n Li n BK 10082 PG 3 Lx—m I a e am two (2) Burgs on -the Land described in Exhibit A to. Master Deed contained in phase I of`tiie Owidommm' . Said Buildings: are desi�r*.W as fb.Ud*.s: 1. A arse -(F) stogy com tugty building containing. an indoor swimmmm pool, shown on the Condominium Site flan as "1 Story Community Buildimg #5, #S }invest Drive". 2. A three (3) story building consistigg of thirty eight ( ) residential Units shown on the Condominium Site Plan as °`3 Story 38 Utkit Building # 2, #2 Harvest Drive". Said building contains Units 1-01 through 3I-2 of the Condominium. (KO287815.2) 33 BK, 10082 P6 3 DESCRivrimN or UNITS BuRdkig )a t i3 dt No. _ I To. $tostRsr A ►z. sq. ]!<'t.3i6eresf �o� tlo Proportionate (°!o) for Ua is 2 101 4 1,154 First Floor 2.907769% 2 2 102 103 4 3 1,159 860_- ^85_2 Fiat F3:aor Frit >Foor -_ 2.907769% � 2.271695%- 2 104 3 - First Floor 2.044525% 2 195 3 -_ 856 - _ First door 2.044525° o 2106 . ._...__. -2_.I07 __ . 4 3 - -_1:077 852 )"first Floor 2.90776_9% 2.271695% ~ Pir$t Floor 2 108 4 1,077 First Mor ^2.907769% 2.044525% 2 109 3_ r. 855 1~irst Floor _ 2 110 _ 3 8_52 First Fluor 2.044525% 2 111 3 859 First Floor 2.271695_% 2 112 4 1,159 first Floor_ 2.907769% 2 113 4 1,152 Fnt mor 2.907769% 2 201 4 1,116 Semtd eIgor .__ 2.907769% 2 202 4 1,117 ScwiA.rloor 2.907769% '._._. 2 ' 2 203 204 4 4 1,039 Second -Floor 2.407996% 2.907769% 1,259_ _ Sc, Floor Second Floor I 2 i 205 3 814 2.271695% 1 2 2 i 206 2©7 4 3 _ 17035 _857 Second Floor Second Floor _2.407996% 2.044525%_ 2 i 208 4 1,036 - - Second Floor 2.907769%0 2.27_1695% i 2 2 209 _1 : 0 3......... 4 813 _ -1,261 Second Floor_ Second .door _ 2.907769% 2 _-L-21 211 4 1,032 Second Floor 2.407996% 2.907769% 2.907769% 1 2 --------- 2 2 ....._. 212 4 1,117 Second Floor _ 213 _ ........ _301 _-------- 4 1,118 Second Floor Third Floor 1,121 2.907769% 2 302 4 1 118 Third Floor --- 2.907769% i 2 2 ' 2 _ _2„ 303 4 1043 1,267 1,257 - 'Third Floor Third Floor_ Third Floor 2.407996% 1 304 _ _305 _ 306 "_._307_ - 44 4 _ 4 4 2.907769% 2.907769%� 2.407996% 2.907769% .1, 31 r ],257 - Third Floor �T'nird Floor As shown on the Condominium Site Plan. The post office address for Building 2 is 2 Harvest Drive, North Andover, MA 01845. z Closets, Mechanical Clasets and Bathrooms are not included. in the number of rooms in the column headed 'No. Rooms". 3 The approximate area of the Unit in square feet set forth above does not include any balcony. (KO287815.2) 34 4 "0082 PG 35 2 309 1,038 'TWrd Flom' 2.90776W. 035 Ind to 2.907769% 4 2 310 4 1 264 ' '1'kti d floor 2.907769% 2 311 4 1,117 d JFkoor 5.40190% 2 31 4 1,121 'i'hira Floor 2. 07769°/0 Immedmte common areas to which, each Unit has access are the common hallways, as shown on the Fkx)r Plans. {K0287816.2} 35 Return to: Robert W. Levy, EsgWre Eckert Seamerts Cheeln 8 Mellott. LLC One Internattonaf Piew Boston, MA 02110 4—i ; (K0287844.2) Li BK 10082 36 n j; k_j DELLA TION OF TRUST n OF u IDAMWE VILLAGE — MI APL EWOOD RE VE CONDOM )IUM'>'RUST h'17HIS DECLARATION OF TRUST made as of the 140'day ofMatdh, 2006, by Valley . Realty DCvelopment, LLC, a Massachusetts limited liability company, with an address of 2.3.199Mon 'Assachusetts Street, Suite 1B, P.O. Box 9(}7, North Andover, M' 01885 (hereinafter cdiw f 1 the '19999" or "'f'restees", which term and any pronoun referring thereto shall be deemed*o include its successcirs in trust hereunder and to mean the trustee or the trustc for the 6e*g u es time hereunder, wherever the context so permits). ARTICLE I , u NAME O>i TRt S -T: SO C•3 The trust created herreby shall be known as: OAIMIDGrE VELLAGE—XA1PL EWOOD RESERVE: COI++DOMPUUM TRUST cz (hereinafter, the ` ust"). cM n ca Li ARTICLE H THE TRUST AND ITS PURPOSE �a n 2.1. General. Purposes. This TrwA is created as the organization of unit owners u (hereinafter the "Owners„ or "Unit Owners„) as rewired by the provibionb of Chapter 183A, as amended from time tx) time, of the Massachusetts General Laws (hereinailcx the "Act”) %r the n purpose of managing and regulating the condominium known as Oakridge Village — Maplewood Reserve (hereinafter the "Q9 LMiniuin"), tstablished by a Ailastcr Deed of even date herewith (hereinafter the "Master Deed") executed by Valley Realty Development, LLC (hereina-fter the 'Updarant", which term shall also include all persons or entities which maysucceed to the Declarants position as developer of the Condominium in accordance with the definition of i + Declarant contained in paragraph 20 of the Master Deed). M 2.2. Definitions. Unless the context otherwise requires, the words defined in the Master Deed and the deli ntions contained in Section I of the Act sM1 be applicable to this Trust. n '—' 2.3. Trwst. and Noi.Parinershir, It is hereby expressly dea-ared ghat a trust and not a partnership or corporation is hereby cxeattxi., and that the Unit owners are beneficiaries and not r1 partners or associates between and among themselves with respect to the trust property, and ht I no relation to the Trustees other than as.bettcfiWaries hereunder. Return to: Robert W. Levy, EsgWre Eckert Seamerts Cheeln 8 Mellott. LLC One Internattonaf Piew Boston, MA 02110 4—i ; (K0287844.2) L n 09K 10082 PG 2.4. Pmggg.. lield.in 'i hiM Alt property, real and pomnal, tangible and intangible, coriveyed to or -hold hereunder. by ft Trustees ihaall vest:in the Trustees, in trust, to nmanagc, administer and dispose of and to -receive a4d/or distribute the income and/or principal thereof for the benefit of tate Own= from time to time of the Units in the Condominium. The beneficial n interest in this Trust of each Unit Owner i. s: equal. to the percentage of undivided ownership interest of each Owner's Unit in the -common areas and facilities of the Condominium as set forth in Exhibit C attached to and made a part of the Master Deed, as said pervantage individual (- p ownership interest may be amended from time to time (the "Beneficial latere,St"j. `-' ARTICLE III THE IrRUSTEES n \ I, 3.1. Number of Trustees: Term .of .4f1<rc ,. Oualifieation. The Trust. shall be governed by a Board of Trusteas the size--of-which a ler.-the Transfer We: (as hereinafter dtfuted) shall be f7 either five (5) or seven (7) members, as shall be determhW and elected from time to time by the Unit Owners at their annual meeting or any special-meeting:in lieu of the annual mewing; subject, however, to the Declarnni's rights to appoint Trustees as set forth in this Article 111. Until the " rransfen-Date" described below, Trustees need not be a natural person or Unit Owner. The original Board of Trustees:(the "FW.2. ard:of T tastees")-consists of Valla► Reay �-' Development, LLC. The Dedmat ails havotie right to remove any -member of the First Board t of Trustees, expand:the First Berard o€Thistecs or appoint eew mernbers:to any Vacancy, until r% the Transfer Date. The term "Board of T'rttstees" as it is used t&ein shall mean the Board of u Trustees as it is constituted fmm. time to time: Each Trustee shall Bold office until such time as his successor has been appointed and qualified. Every Trustee (other than Trustees serving on rt the First Board of Trustees) shall be a Unit Owner and a natural person. In the event did a corporation, limited liability company or other legal entity is a Unit Owner, it may designate one or more natural persons who shall be eligible to serve as Trustee with the exception of the First r_1 Board of Trustees which may be a corporation, limited liability company or other legal entity. `-' 3.2. Subsequent Boards of Tnn toes. Except for the First Board of Tnztces, any and all of said Trustees stall be subject to replac=. ent, in the event of resignation or death, in the manner set forth in Section 3.4 of this Article M. Notwithstanding anything to the contrary i contained herein, upon the earlier to occur of (a) one hundred and twenty (120) days after seventy-five (75%) percent of the Beneficial Interest in the Condominium (defines as of the time 1 after which Declarant shall no longer have the right to add additional phases or Units to the Condominium, as set forth in paragraph 18 of the Master Deed) have been conveyed to Unit purchasers, or (b) five (5) years hollowing the recording of the first unit deed for a Unit in the Condominium (the "Transfer Date"), the Trustee appointed by the Declarant shall resign and the Unit Owners (including the Declarant as owner of unsold Units) shall appoint a three member Li �' Board of Trustees to serve until the next annual meeting of the Unit Owners. The Unit Owners t at the next Annual Meeting shall elect either a five (5) or a seven (7) member Board of Trustees (the composition to be determined by a vote of the Unit Owners). The terms of said'rrustees '-' shall be staggered as determined by the Unit Owners at such .Annual Meeting but in no event shall the initial term of any Trustee exceed two years. Thereafter, the terra of office for each r? Trustee shall he for a period of two years. {KM87M.2} 2 M ._-......... _�.�,�,� 17 L K 100K MPG LJ At each subsequent annual meeting -of the intuit Owners or at a special meeting called for n this express purpose, the bruit Ovvsters, voting as provided in Article IV of this Trost, shall elect from among themselves not more than seven (7) TrUstt� to the Board of Trustees. u 3.3 A2201W= ofTrust. Each person hereafter appoiated as a Trustee shall sign and acknowledge in the numm rued in Massachusetts for the acknowledgment of deeds, an acceptance of such elections which shalt be recorded with the Essex North District Registry of D+ee& (the "Res '). The appointment of a Trustee shall be effective upon the recording with the Registry of an instrument of appointment and acceptance, executed by a then or departing, Trustee and the new Trustee, and such person shall then become a Trustee and shall be vested with the title of the Trust Property jointly with the remaining or surviving Trustee or Trustee without tl q necessity of any act or transfer or conveyance. n 3.6. Resiggation an Removal of Trustee. Any Trustee may resign by notice in writing given to each of his co -Trustees, if any. Such written resignation shall be recorded with the Registry. After reasonable notice and an Opportiunity to be heard, a Trustee may be removed from office with or without cause by a vote of Unit Owners holding at least fifty-one (510/6) percent of the Beneficial Interest hereunder. Notwitbstarding the forcwgoing to the contrary, the First Board of Trustees and any successor Trustee appointed by the Declarant may be removed only by the Declarant until the Transfer Date. Any such removal shall be evidenced by the recording with the Registry of a Certificate of Removal signed by a majority of the remaining Trustees naming the Trustee so removed and reciting that the requisite votes of the Unit Owners were cast for the removal. 3.7. Votes to 'a :o ct •. As provided in Sections 4.3 herwf, each Unit Owner shall have voting power equal. to his Unit's Beneficial Interest hereunder as set forth in K0287W.2} tib 3.4 Vacansdes. With the exception of the First Board of Trustees, if and whenever the number of Trustees shall-hecome less than three (3) or less tban-the± number ofTrotm-ULst deetenmined by the Unit Ow. nem as pnwtded in Section 3.2 hereof, a vacancy or vacaraes in the �.i oft ee of Trustee shall be -deemed to exist. Each such vacancy shall be 1111W -by. the appointment of a successor who shall.lae designated by a vote of l huit Owirs homing et ledst fff-one (51®/0) pocont of the Se fi ai>: t$iesc:betua&r. Iffor awry nwco a successor' shsll:nof be so designated. within sixty (60) Jays ager the vacancy or vacancies occur, a success may he appointed by the rig Trustees anis the failure of which by any court ©f competent jurisdiction upon the.app3ication of any Unit Owner or Trustee after notice -to all Unit Owners and Trustees and to- m2ch others as the court may direct. Any appoirift nt by such court `-' proceeding shall become effective upon recording with the Registry a entified copy of the court decree and of the acceptance of such appointment by the successor Trustee so appointed. ' Irl Notwithstanding the foregoing provisions of this Section 3.4, the remaining Trustees shall continue to exercise and discharge all of the powers, discretions and duties herby conferred upon the Trustees. Any person appointed as a successor Trustee w hereinbolbre provided shrub be vested with the title to the forst property jointly with the Trustees 7 remaining without the necessity of any act of transfer or conveyance. u 3.5. Quorum: and Action by { I&rity The Trustees may act by a majority vote at any n I duly called meeting at which a quorum is present. Except for the First Board of'Trustees, a quorum shall consist of a majority of the "Trustees, but in no event less than two (2) Trustees. n 3.6. Resiggation an Removal of Trustee. Any Trustee may resign by notice in writing given to each of his co -Trustees, if any. Such written resignation shall be recorded with the Registry. After reasonable notice and an Opportiunity to be heard, a Trustee may be removed from office with or without cause by a vote of Unit Owners holding at least fifty-one (510/6) percent of the Beneficial Interest hereunder. Notwitbstarding the forcwgoing to the contrary, the First Board of Trustees and any successor Trustee appointed by the Declarant may be removed only by the Declarant until the Transfer Date. Any such removal shall be evidenced by the recording with the Registry of a Certificate of Removal signed by a majority of the remaining Trustees naming the Trustee so removed and reciting that the requisite votes of the Unit Owners were cast for the removal. 3.7. Votes to 'a :o ct •. As provided in Sections 4.3 herwf, each Unit Owner shall have voting power equal. to his Unit's Beneficial Interest hereunder as set forth in K0287W.2} tib V r� K 10082 PG 3 EXhtbit C to the MOW Bead. In addition; as the Condominium is a phased condominium with f" I the potentW & =PwL40A tp a total Qf1W0 hundred seventy (270) Units, all as provided in Lj paragraph 18 of the 1tilastw Deed, the Declarant small have voting power as a Unit Owner, including, without limitation, voting power in the election • mtci removal of Trustees equal to the M sum of (1) the total percentage of Smeficial Interest hereunder appertaining to exieting units owned by the Declarant as set forth in said Exhibit C attached to the.. Mastw Deed, plus (2) a total percentage: of Beneficial Interest attr*utable to units which may be added to the Condominium as part of future phases (said total percentage to be computed by multiplying (i) the difference r? between the number "270" minus the number of Units already included in the Condominium, ►j tinges (ii) a figure equal to the average percentage of undivided Beneficial Interest appertaining to said Units which have already been included in the Condominium). The prov6-ions setting forth the voting power of the Unit Owners\ including the Declarant, are contained in greater u' detail in said Section 4.3 hereof. r 3.8. No .Elond-hy Trustees: No Trustee elected or appointecl;-as hereinbefore provid4 whether as an original or successor Trustee, shall be obligated to give any bond or surety or other security for the perfDrmance of his-dutios hereander, except -as Ob'drwise provided in Sm ion 5.5. t(d) of this Test;: provided., however that Uaut Owners ho d; at least icy -one (51 °/A) percent of the Beneficial ]taterest hereunder may at arty time, by notice in writing $ignod by tlaeffi and delivered to the Trustee -.or Trustees affected:thereby, require that:aay Ono'": (1) or more of the Trustees shell give bond- in such. amount and with such sureties as A& be specified in such i 1 notice. All expenses incident to any such bond shall be charged as-. a common expense of the Condominium. M 3.9. Compensation .o of Trustees. No Tmstpe shall receive compensation for his services, except that by a vote of a Mai jority of the other Trustees a Trustee may be reimbursed '-' for his out-of-pocket expenditures associated with Trust business. 3.10. No Liability If In flood faith. No Trustee shall be personally liable or U accountable out of his personal assets by reason of any action taken, suffered or omitted in good faith, or for allowing one (1) or more of the other Trustees to have possession of the Trust books r. a or property, or by reason of honest errors o; judgment, ynistakcs of faint or law, the existence of any personal or adverse interest, or by reason of anything ext t his own willful malfeasance and default. -� 3.11. Pyalina with Trust Not DEhibited No '1'nww or knit Owner shaft be u disqualified by his of-h'ce from contracting or dealing directly or indirectly with the Trustees or with one (1) or more Unit Owners, nor s1hsll airy such dealing, contract or arrangement entered n into in respect of this Trust in which any Trustee or Unit Owner shall be in any way interested be avoided, nor shall any Trustee, or. Unit Owner 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, or by reason of I I such Unit Owner's status, provided the 'Trustee or Unit Owner shall act in good faith and shall L, disclose the nature of his interest before the dealing, contract or arrangement is entered into. r� 3.12. ni . The Trustees and each of there shall be entitled to an indemnity both out of the Trust property and by the Unit Owners against any liability incurred by them or any of them in good faith in the execution hereof, including, without limiting the generality of the n u (0287846.221 4 _.....� ........ _..................._» �.. y_. _.. u .. . h u LJ BK 10082 X082 P €oregoing, liabilities in .contract and in tort and liabilities for damages, penalties andfine&. r Nodii tg in this subsection. contained shdi be deemed, howwmx, to limit iii any rssped the powers granted to the Trustees in this instrwnent; the Trustees aro empowered to obtain on behalf of the Trust suitable insurance against any such liabilities and to pay the premiums r ? therefor as a common expense of the Condominium. LJ ARTICLE IV BENEFICIARIES AND BENEFICIAL H-4TEREST 4.1. Percents eg�lcttarests. The Trust beneficiaries shall be the Unit Owners of the 'u Condominium from time to time. The Beneficial Interest in the Trust shall be divided among the Unit Owners in the percentage of undivided Beneficial interest appertaining to the Units of the 1-1 Condominium as set forth in Exhibit C to the Niastter Deed, as said Exhibit C may be, hereaftvr amended as, additional phase(s) are added to the Condominium pursuant to paragraph 18 of the Master leered. ' 4.2.. Persexns: to .Vote. Utnit. �ss. The 13=46al Intmst of each Unit of the n. 'u Conda i shell:. iErirl si; a utiiii:�uird adlib divided among sevrl OWftm of any such Unit, To that end whower any of, said Units -is &..,.%W:of recotd'by nw. re than one person, the several Owners of such Unit shall (a) determine and: "Viate which one of such Viers shall j be autborixed and entitled to cast votes, execute instruments and otherwise exercise the rights appertaining to such Unit hereunder, and (b) notify the Trustms 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, by majority vote, designate any one such Owner for such purposes. For Units to which title is held by a fiduciary, the fiduciary shall be the designated individual. For Units to which title is to be held by a corporation, limited liability company or other legal entity the individual authorized to execute and acimowledge deeds for such entity shall be the designee. 4.3. Volin g Power of the Unit Ow tt ,. Each Unit Owner, indluding the Declarant, shall have voting power in the aiiairs of the Condominium equal to such Unit. Owner's Beneficial Interest. In addition, and notwithstanding any other provisions of this Trust and the By -Laws contained herein to the contrary, as the Condominium is a phased condominium, with the Declarant having the reserved right and casement to construct and add additional phases as sat forth in paragraph 18 of the Master Deed, the Declarant shall have the Fight to exercise voting power as a Unit Owner equal to the Beneficial Interest attributable to the Units not yet included in the Condominium which may be so included as part of future pbas"m Such Beneficial Interest attributable to future Units, on account of which the Declarant may exercise voting power, shall be equal to the difference between the number "270" (being the maximum number of Units allowed for all phases of the Condominium) minus the number of Units then included in the Condominium multiplied by the average percentage of Beneficial InterQst of all the Units then included in the Condominium. Therefore, the words "total voting power of the Unit Owners" as used in the Master Deed and this Trust shall at any point in time be equal to the sum of the voting power held by the Owners (including the Declarant) of the Units then included in the (K0287846.2) 5 40 ri BK 113082 PG Condomiaium phis the voting power lrd by the Declarant with �� as art of fug � � Units whieh may he �� part phases to be added to -the Condomir as computed in accordance L' with the immediately preceding sentence. Noiwit�standing the fore oin , from and after the expiration of seven (7} years after the date -of the recording of the Master Deed, the voting power of the Unit Owners shad be Yimited to that *held by those Unit Owners (including the Declarant with rebs to Units owned by the Dedlarsnt) of Units included in the Condominium, and no Lj voting4mwer may be exercised by the Declarant with respect to Units not then included in the Condominium. The express intent of the voting power formula herein set forth is to allow for the Unit Owners to have a proportionate voice in the management and regulation of the Condominium through this Truss, as the Unit Owners' Organisation, taking into due account the character of the Condominium as a pizasod condominium. \ ARTICLE V BY -LAWS TU provisions: of th6 ARTICLE V stall :cottstitpthis te the By laws (the. u Trust acid the o ,enization of Unit Owners estabgished tordby. 5. L Powers -and of the Truce The Trustees aba#t :have the powon and duties specifically conferred upotn th= . the dict, the -M " Deed arid these 8:y -Laws, aid all ocher by. powers and duties necessary for the administration of the a� of the Co ndamini (mow as otherwise provided by law, the Master Deed or these By -]Laws), including, without Emiting the generality of the fareooing, the following powers and duties: TO appoint and remove at pleasure all j4fficers, agents and employees of the Trust, prescribe; their duties, fix tl compensation, and require of-fimmsuch security or fidelity bond(s) as they may deem expedient. Nothing contain in es By -Laws shall be construed to prohibit the employment of any Unit Owner or Trustee in any capacity Whatsoever. U n 5.1.2. To establish, levy and assess, and collect the assessments for common expen= referred to in Section 5.4 and in Section 5.2.2 hereof, and supplemental assessment referred to in Section 5.4.1. 5.1.3. To do all thing necessary to operate:, maintain, repair, improve, replace, alter and otherwise administer and care for the common areas and facilities of the Condominium and, to the extent provided in the Master Deed and these Ry -Laws, maintain, repair and care for the Units. .5.1.4. To have a reasonable right of entzy into any Unit to wake emergency i F1 ropairs and to do other work reasonably necessary for the proper maintenance and operation of Li the Condominium as set forth in Section 5.2.2. 5.1.5. To obtain all policies of insurance required by these By --Laws and such other insurance as may be required by law or as the Trustees may from time t() time determine. N r 41 n BK 10082 PG 5.1.6. To obtain any lagal, accounting, admini imfive, and, other services deemed Advisable by the TmAfts, including the seivices of a ffiamger and any ether pasomnel, to whore the'Frustees, except to the extent limited by the Act, the Master Deed, or these By -Laws (including this Section 5. 1), may delegate certain of their powers and duties. The Trustees shall be entitled to rely upon the advice and counsel of attorneys,accountants and other advisors hired by them and shall be protected in so doing. 5.1.7. To adopt, mend, modify -and rescind frorn time to time and enforce rules and -regulations. governing the use of the Condominium and the pcwnal condWA of the Unit Owners and their families, tenants and guests, thereon. 5.1.1;. To cause to be kept a complete rccord of all its acts and the affairs of the Trust and to present a statement thereof to the Unit Owners at the annual meeting of the Unit Owners. 5.1.9. Suibjeet.to the provisiom.of o01.�) o€'tbe Act, to purehgse, or othe *ire acquire untie to or err:inter�esi: lir;.s ll,:least* tAW.M.. o tefwise m4intain, manage. held, use, ericumber anal iii& o:`84y :: tatl :le: or ' 1 uttngible, in the course of their ac mWs` nand:.mgp&gme6t 0f the 00e dormi�iiusn; provadext Shat the Trustees may not by act or onrimi6ns taatiandQit; past}don,.*1i cutbber, getl or t32ms€er any n part or all of the Common Areas a0dFaoilib'"', other-thariit-of xifility, rights and u easements and/or rights and vaseme its for otiwr public,' .consistent with the intended use of the Common Areas and Facilities, without the prior authorization of Unit Owners holding at �--1 least sixty-seven (670/0) of the Beneficial interest hereunder and at least fifty-one (51 %) percent of all first mortgagees of record of Units in the Condorreinium. n 5.i.10. To open and maintain bank accounts, and to authorize the drawing of checks and other fixa ncial instruments, and to keep a full and complete record of all fin=cial ` transactions, which record shall be available for inspection by the Unit Owners and mortgagees of the Units and to prepare periodic financial reports and accountings as may be reasonably required by tate Unit Owners. LJ 5.1.11. To purchase in their own name or the name of a nominee one (1) or more n Units in the Condominium at any public or private sale upon such terms and conditions as the U Trustees may deem desirable, provided that the Trustees obtain the prior authorization of the Unit Owners for any such purchase pursuant to Section 5.20 hereof and to sell, lease, mortgage 71 and otherwise maintain, manage, hold, encumber and dispose of such Units, upon such terms and u conditions as the Trustees shrill deem appropriate. 5.1.12. Tei borrow or in ray other manner raise smelt sum or sums of :Honey or other property as they shall decar, advisable in any marmer and on any terms, and to evidence the same by notes, bonds, securities or other evidence of indebtedness, which may mature at a time or times, and subject to eery limitation imposed by law, the Master Deed or these By-laws, to execute and deliver any mortgage, pledge, or other instrument to secure any such borrowing; provided, however, that the Trustees shall have no authority to bind the Unit Owners personally. fK018780.21 42 BK 113082 PG Lj To establish committees froth among the Unit Owners, define theirowers M and duties. and appoint and remove their members. p 5.1.14. To giant pemd,4 HMM, ===*., and rig gs in. upon, under mid over the Common Areas and Facilities: with respect to utifities and roads to .be installed an4 for other proposes MUMMY necessary or useful fur the Proper maintenance or operation of the COndOmWunl and. to enter into such agrnments and undeltWdngs as shall be necessary therefor. 5.1.15. TO awrove the location and relocation of ememmts and rights for utilitieswhich have been installed in, upon, under or over the Common Areas ' o.nd,F4ciliti execute, acknowledge and record such ins�ents and plans identifying esandto Trustee demn necessary or desirable. such easements as the 5.1.16. TO designate the location.of hutxficap parking s -pacts and. -outdoor parl Spam to be asdgm.td-to each Unit.and to ten -ftse spaees, 41, VoM redesigWe ft Jocaaon of as -provided in paragraph 8(b) -of the MOster Dded. LJ To sigh, seas, 4cknowjed8e,.dejVr-0 and rword in anyone or more ppblic r offic". or places of recording A such instruments and..do'wnis: -' th.' TMAebs:shall deem necessary 29 e ary *Or desirable in the exerdse of their po.w= And the dWh-sr-So:of lhbir duties. ri To Maintain all Making walls, roads and emergency access in the Condominium. Notwithstanding any provisions of this Trust and By-laws to, &C contrary, the Trustm may not delegate to any manager or managing agent for the COWOMWtfth any of the following powers and duties: (a) The Power to appoint the officers of the Trust. (b) The Power to establish, levy and assess the assessments or charges for common expenses. (c) The power to adopt, revise, modify and rescind the Con&minium rules and regulations. (d) The Powers W duties described in Section& 5.1.10, 5.1-11, 5.1.12, 5.1.13, 5.1.14, 5.1.15 and 5.1.16 above. 5.2 MA rAqRlRRL RqNg and 5.2.1. Each 'Unit Owner shall be responsible for the proper maintenamx; repair and replacement of his Unit and its appm.w;jamps and those utility rxW= andutility installations serving 16ds Unit, whether or not located inside 'such Unit ., which are not part of the Common Arco and Facilitics. Each Unit Owner shat at all times fully and adeqtmtely heat (as the circumstances require) his Unit so .as to Prevent the freezing plumbing and fixtures in the Unit and common area immediately adjacent .of any pipes , pi t to the Unit. each Unit Owner shall (K028784a.2) sl 43 n Lj n rl " I 00K2 IDG 44 be responsible for all damages to other Units andlor the Common Areas and Facilities caused by his failure to satisfy his maintenance, repair and/or replaeemcant obligations hereunder. 5.2.2. Sub,.jec�t to tbo provisions of Section 5.1 A hereofw if t$re Tnatees shall,, at any timo in their reasonable,judgment, determine that a Unit is in 06 need ofm.#antenauce or repair° that the mats. value of one or more other Units is being adversely affected or that the condition of a Unit or any fixture, furnishing, facility or equiprnont therein is hazardous to any Unit or the occupants thereof or to the Common Areas and Facilities, the Trustees shall in writing request the Unit Owner to perform the needed maintenance, repair or replacement or 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 or serious inconvenience as the Trustees shall determine) of such4equest and thereafter diligently brought to completion, the Trustees shall be entitled to have the work performed for the account of such Unit Owner whose Unit is in need of work and to enter upon and have access to such Unit in a reasonable manner for such purpose; and the Wst of such work shall be treated in. the sarne manner as a common expense and shall be payable by such Unit Owner to the Trustees on demand. 5.3. neciai Mai Mattel,- Repair and lent of Ce mmon Areas. 5.3.1 /reference is made to that zeftin CJrdor-of Cont#ltlons issued by the North Andover Conservations Commission (i ..EP mile No. 242-11,69) p usut:#o the Massachusetts Wetlands Protection Act M.G.L. e. 131, §40, dated January 22, 203, rworded with the Registry at Book 8979, Page 1 and Book 9231, Page 95 as extended by Extensioir Permit for Order of Conditions recorded with the Registry at Book 10019, Page 229 (collectively the "Order of Corr itions") and the document entitled "The Meadows North Andover, Massachusetts Storm Water Management System Operations and Mamtenattce Plan" attached to the Order of Conditions (the "A-ainternance Plan"). The Trustees shall maintain drainage maintenance program contained in the Maintenance Plan and otherwise comply with the Order of Conditions. 5.3.2 Reference is made to that certain Comprehensive Permit issued by the 17 North Andover Zou�g Board of Appeals (Z,9A 2402-31) pursuant to the ml assachusctts General �–► Laws Chapter 4013, dated January 14, 2003, recorded with the Registry at Book 8978, Page 320 (the "Comnrehcnsive Permit') The Trustees shall be responsible for the snow removal and r"1 storage, trash removal, rubbish removal, recyclable materials removal, -mad maintenance, and stoma drainage maintenance on the property comprising the Condominium and otherwise comply with the tenths and conditions of the Comprehensive Permit. n 5.4 Comunon Expenses. 5.4.1. The unit Owners shall be liable for common expwses and entitled to common profts Of the Colydotniuiiurn in proportion to their f3eneliciai in —.cst in this Trust as sat forth in Exhibit C to the Master Deed, as said Exhibit C may hereattcr be amended as additional phase(s) are added to the C'.ondominium; provided, however, that each Unit Owner shall be solely responsible to the respective utility companies, or the* Condominium; as the case may be, for the cost of utility services billed or assessed (including, without iizni:tatiun, clectricity, natural gas, water and sewer use charges) in connection with the famishing of utilities to his Unit which L_j tK02=4621 9 a J n u 5.4.2 At least thi . 30 .da . or -ter the . 3' ( # Ys cotptrt=M=A of aaelt fiscal year of this Trost (and Within tb i+ (3fl) days: at :the- awe portican of a hereofw.iffi . : et+0 tl u _ : ' ' fiscal year then Mr g); the Tsus.tees.shalt 0WITItft the oaarttmon: expenses expected to be n 8K 10082 PG 45 are sapara-metered or sub -metered. Each Unit has a separate sub -meter to determine the volUM0: pf' teiy. WAWA tuellY POW for U- n W.h bit. Upon obtaining the water and: sewer bills) from the TOW0.0f NM6 Andover, or any subsequent provider of water ands/or sower, the Trustees h Shall appoWoin the bilis based upon each Unit's aortal- water and- sewer usage and bill each 'Unit Owner their respective portion. ' Each Units water and sewer M use charges shall be in addition to the common area charges, however, shali-be deemed as a separate common expense assessed against such Unit the collection for which shall be -cnforcCable in accordance with the provisions h heroot The Trustees may at any bine or times distribute conzzmon pr-ofits:among the Unit Owners in such proportions. The Trustees shall, to such extent as they deem advisable, set aside common funds of the Condominium as re=ve or contingent funds, and may use the funds to set aside for reduction of indebtedness or other lawful capit 1 purposes, or, subject to the provisions of Sections 5.6 and 5.7, 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. n u 5.4.2 At least thi . 30 .da . or -ter the . 3' ( # Ys cotptrt=M=A of aaelt fiscal year of this Trost (and Within tb i+ (3fl) days: at :the- awe portican of a hereofw.iffi . : et+0 tl _ : ' ' fiscal year then Mr g); the Tsus.tees.shalt 0WITItft the oaarttmon: expenses expected to be inet dttriFi std fire togdther with a �reasot Provision for niiiageincies and Fesefve3,.and 0 # It ;i�19Iitti3 $Ct'Ai 9tIj� undi bated common profits from: years, shall 'be determine the assessment totirade for strep fiscal year, The Trustees shall promptly render h statements to the Uttit Owners for their respective:hares of such assessment, according to their L -k respective percentage of the undivided Beneficial Interest in -the Common Areas and Facilities as set forth in Exhibit C to the -Master Beed, and stich statements shall be due and payable in twelve r i (12) equal monthly installments or such other hutallments as may be reasonably provided therein. In the event that the Trustees shall determine during any fiscal year the assessment so made is less than the cxmmnon expense actually incurred, or in the reasonable opinion of the !� Trustees likely to be incurred, the Trustees shall make a supplemental assessment or assessments and render statements for such assessments in the same manner as is done for annual assessments. The arrnmmt of each such payment if not paid when due, together with interest thereon at the rate of twelve (121%) percent per annum or such lesser rate of interest m shall then 7 be the maximum rate permitted by law, shall constitute a lien on the Unit of the unit Owner assessed, pursuant to the provisions of Section 6 of the Act. In addition, thc'I mstees may assess a late fee of fifty ($50.00) dollars on any such connmon expense payment not received within ten q (10) days after its due date, unless otherwise prohibited by law. L.J 5.4.3. Each Unit Owner shall be persotmliy liable for th%(c common expenses assessed against his Unit which are due and payable during his period, of ownership. No Unit Owner shall be liable for the payment of any part of the common expenses assessed against his Unit which become dile anda able sub P Y Sequent to a sale, transfer or other conveyance by him of such Unit. Any Unit Owner may, subject to the terms and conditions specified in these .Ey-laws, 7 provided that his Unit is free and clear of liens and encnnbrances other than the statutory lien for unpaid common expenses, convey his Unit to the Trustees and in such event be exempt from common expenses thereafter becoming due. Except to the extent permitted by applicable law,, any lien for common expenses imposed after the date of recordation of a first mortgage on any unit shall be subordinate to said mortgage. In addition, except to the extent permitted by applicable law, any fees, late charges, fines, or interest that may be levied in connection with n, i {028780.2) 10 n LJ_ ................. __. :_..... _._. _ .--t..a.�........... _-.. n Li V_ 10082 IPG 46 unpaid assessments sW be subordinate to said mortgage. A puMhaser of a Unit shall be poly liable for:the paymerlt of common -ut d, on aeeount of such Unit. expenses assessed and due, btg prior to its acquisition by him,. except that (a) a purchaser, of a Unit at a foreclosure sale or (b) any first mortgagee who rouses into possession of a Unit pursuant to the remedies provided for in the Wrtgage or by virtue of fomcWiztg the mortgage or taking a deed (or assignment) in lieu of foreclosure, sha#1 take the property free of any claims for unpaid common expense assessments against the Unit which ac:crtte prior to the time such purchaser or mortgagee carnes into possession or takes ti�t€e to the Unit (except for claims for a pro rata share of such assessments or charges resulting from a pro rata reallocation of such assessments or charges to all Units including the mortgagod Unit). Any such sale or transfer pursuant to a foreclosure or a deed in lieu of foreclosuresh 11 not relieve the purchaser or transferee of a Unit from liability for, nor the Unit from the lie f, any assessment made thereafter. 5.4.4. lin the event of default by any Unit 0w= in paying to the Trustee.S his wmmon expenses or any amount -otherwise assessed bemnder, such UVAt Owner shall be obligated to pay all expenses, ir4uding attorneys' fees, iacwred by the Tr"t= in any proceeding brought to colt such unpaid comma expenses. Ile Trustees shall have the right atsd duty to levy and enforce the collection of general and MWlemental assessments firr common expenses and to provide ad%mte raaedies, and small attempt to recover such common expenses, together with interest thereon, and the eacpenses of the proceeding, including attorneys' fees, in an action brought against such Unit Owner, or by foreclosure of the lien on such Unit as provided in Section 6 of the Act. All such fees and charges shall, to the extent pennitted by law, constitute a lien on such Unit Owner's Unit. 5.4.5. A Unit owner shall, upon any action brought by the Trustees to collect any amounts assessed or payable hereunder, have no right to snake any claims of defense of oft set upon any basis in such radion but the Unit Owner sball be entitled to nrake such claim by seParate action only after all amounts have been paid in full by said Unit Owner. A suit to recover a money judgment for amounts assessed hereunder shall be maintainable without enforcing or waiving the lien securing the same. n, 5.4.6. If the unit owned by the delinquont Unit Owner is leased, rentcd or let, and upon compliance by the Trustees with the applicable provisions Section 6 of the Act, the Trustees shall be entitled to require the lessee or tenant to pay the rent due therefore directly to h the Trustees until such time as the amounts due and outstanding are fully paid and, upon a failure thereof, to obtain an order of a Court of competent jurisdiction so requiring. This right shall be ' in addition to any other remedy herein or by law provided. 5.4.7. After a successful ac ion brought by the Trustees to foreclose a lien on a unit because of unpaid common expsnses, a Unit Owner allowed by the Trustees to remain in his Unit for a period of time thereafter may, at the option of the Trustees, be requited to pay a reasonable rental for the use of the Unit. Subject to the provisions of Section 5.24 hereof; the Trustees acting on behalf of all Unit Owners, shall have power to purchase such Unit at the foreclosure sale and to acquire, hold, lease, mortgage; (but not to vote the votes appurtenant M thereto), convey or otherwise deal with the same. A suit to recover a money judgment fbr unpaid �.+ (14(1287846.2) i M L-1 u DV g00K PG 47 common charges s(tatl be maintainable without. tbrcdnsing or waiving the lion securing the some. L-1 5A.8. The Trustees shah hn mpc =M finds -only for common► expenses acrd I lam. PUTOSM-Pwmitted lreby+ Md by ttke provision:0 of the Act. u 5.4.9. Neitber U Trust nor the Trustees shall bear any responsibility wbatsocver fxrr damage to or then of any vebicle while on the Condominium premises, and the Trustees shall not expend common funds for reimbursement in connection with such vehicle damage or theft. V r -'r Lj r, n 5.4.10. Within tern (10) calendar days.afier receiving an appropriate r�gnest from a Y!3 t Owner, a pu%haser of a Unit under a written contract of sale therefor or a Unit inortgagc:e addtessecl to the Trustees and payment of a reasonable fee, not to exceed Fifty ($50.00) Dollars, the 'i Trustees shall supply a ccXtiftcate in recordable form statitIg the amoWt of any unpaid assessments Oncluding interost due thereon and cost of collection association therewith) for common =penses against the Unit. The foregoing fee skull not apply to sale of Units by the Declarant. A cerlifteate pursuarut Section 6(d) of the Act may be validly signed by (a) the majority of the Trustees who then appears to be serving according to the records of the Registry, or (b) the Management Corffipany for the Condominium, provided a notice of the delegation of such authority, executed by a rn*rity of the Trustees, is recorded with the registry. Upon the recording with the Registry of such a certificate the Unit involved be discharged from any lien for unpaid common expenses which do not appear in said certificate. 5.5. lna`urance. S.S.I . lnsurszice L:ovcraees to be ©bt=cd The Trugtces shall obtain and maintain, to the extent obtaihable, the following insurance: (a) Fire insurance with extended coverage and "ailrisk" eovoTage including vandalism and, malicious mischief endorsement% ins nO' all ofi the Buildings and structures in the C.ondornittiurn including, without limit on, all such portions of the interior of such Buildings as are for insurance purposes normally deemed to constitute part of the Building and are customarily covered by such insurance, such as heating, air conditioning and other service machinery, interior walls, all finished wall surfaces, bathroom an kitchen cabinets and fixtures and heating and lighting fixtures. Such insurance is to be in an amount at least equal to 100% of the replacement value of the said Buildings and structures and is to be payable to the Trustees as Insurance Trustees; for the Unit Owners and their mortgagees, as their respective interests may appear. An Agreed Amount and Inflation Guard Endorsement shall be a part of the policy. (b) Public liabilittY insurance in such amount,,, as the Trustees may from tune to time determine, but in no event shall the limits of liability under such insurance be less than Three Million ($3,000,000.00) Dollars for bodily injury (both cm a per Person and per occurrence basis) and One Million ($1,000,000.00) Dollars for Property daffi4940, insuring the Trustecs, the manager (if -any), all persons acting or who may came to act as agents or employees of the Trustees or the manager, and {K0287848.2i 12 10082 PG 4 all Emit Owners and other persons entitled to occupy any Unit or other portion of the Condonxiniutn, sad with Cross liability coverage with respect to liability claims of anyone: insured thereunder against any other msarod thereunder. Such coverage shall include, without limitation, the legal habYlity of the i=rWs for propeaty, bodily injuries and deaths of persons in connection with the operation, maintenance or use of the Comsmon Areas and Facilities and legal liability arising out ol~law suits relating to employment contracts of the Trust. This insurance, however, shall not -insure against the individual liability of a Unit Owner for negligence occurring within his own Unit. (c) Worker's\ compensation insurance as required by law. (d) A fidelity bond or bonds insg against the dishonest acts eaf any Trustee, manager, or agent or employee of tlu± Trust who may be s'esponsible far handling the funds of the Trait. Such bond -or bonds shall name thi-Trust as the insured and shall be in an amount at least equal to the greater of oft and one -}calf (I Vii) times the common expense budget of the Condorniniurn, including that portion of the budget allocable to reserve a!'-wwao or three (3) manth'e aggregate assessments on all Units plus reserve f md& Such bm& shall contain waivers of all defenses based upon the exclusion of persons servingvvitltot t compensation from the definition of "employees" or similar tis or expressions. (e) If any ptlrtion of the Condominium is located within a designated flood haaard area, flood insurance in an asnouat not less than the lesser of.(I) the maximum covcrage available under the National Flood Insurance Program. (NFI'P) for all Buildings and other insurable property within any portion of the Condominium so located; or (2) 100% of current "replacement cost" of all such Buildings and other insurable property. M If the Condominium is subject to a sttbstau ial construction code provision which would became operative and require changes to undamaged portions of the Buildinb(s), a Construction Code Endorsement (such as, for example, a Demolition Cost Endorsement, a Contingent liability from Operation of Building Loans endorsement or an Increased Cost of Construdion Endorsement). L (g) Such other insurarce as the Trustees may frorn time to tune determine. The Trustees shall also secure such additional insurance, or modify existing coverage, r if necessary, to comply with the requirements of Federdl Home Loan Mortgage Corporation (hereinafEex "plIL; ") or Federal National Mortgage Association u (hereinafter "Fh3_4A') so that mortgages covering Unita will be eligible for sale to H FIU MC and FNMA. 5.5.2. C' er d In woe,Provisions, IJ n (a) The Trustees shall deal with the insurer or insurance a$ent in conrteciion with the adjusting of all claims covered by insurance' les pm,vitlexl for' under Section Lj 5.5.1. above and shall review with the insurer or insurance agent, at least n u iK4287846.21 13 M u.................... ..-.> ,- �--- ............ .. .-..-.-- ..- l1 u U ' Bpi 10082 PG annually, the covernge under said polities, std review to include an Insurance appraisal of improvement, within the Condominium, .and shall make any necessary changes in the policies provided for under Section 5.5.1. above in order to meet the coverage requirements thereof (b) The Trustees shall be required to make evary effort to sft that all policies of insurance shall (1) contain waivers of subrogation by dw insurer as to claims a*nst the Tru,Stees, the manager (if any), all persons who act or come to act as n agents or employ= of the Trustees or the manager, and all Unit Owners and J other persons entitled to occupy any Unit or other portion of the Condominium, except in case of arson or fraud; (2) contain a waiver -of defense \ of invalidity on ,1 account of the conduct of any of the Unit Owners or other persOns over which the Trustees have "no control"; (3) provide that such policies may not be canceled or `—' substantially modified without at least thirty (30) days written notice to all of the insureds thereunder and all nwrtgagees of Units -in the Condominium; (4) provide that in no event shall the insurance udder said policies be brought into contribution with insurance purchased individually by the Unit Owners or their mortgagees; (5) exclude policies obtained by individual Unit Owners frons consideration under any "no other insura toe" clause; and (ti) provide that any insurance Trust Agreement (if any there be). be recognized. n (c) Each Uxdt Owner may obtain additional msuruce for his owa.beneflt and at his own expense. No such policy shall be written so as to decrease the coverage under any of the policies obtained by the Trustees, and each Unit Owner hereby assigns to the Trustees the proceeds of any such policy to the extent that any such n policy does in fact result in a decrease in such coverage; said proceeds to be applied pursuant to the tennis hereof as it produced by such coverage. Copies of all such policies (except policies covering only personal property owned or n supplied by individual Unit Owners) shall be filed with the Trustees. (d) Each Unit Owner should obtain insurance for. his own benefit and at his own n expense insuring all personal property presently or hereafter located in his Unit, all floor coverings whether or not fixtures, and all improvements to his Unit `—' which may not be covered by the insurance secured by the Trustees. n 5.5.3. The Trustees, as Insurance Trustees as aforesaid shall collect and receive all casualty loss insurance proceeds and shall hold, use, apply and disburse the same in accordance with applicable provisions of Section 5.6 hereof. With respect to losses covered by n such insurance whirb affect portions or elements or a Unit, or of more than one (1) Unit to substantially the same or to diiTerent extents, the proceeds relating thereto shall be used, applied and disbursed by the Trustees in a fair and equitable manner. n 5.5.4. The cost of all such insurance obtained and maintained.by the Trustees L, pursuant to provisions of this Section 5.5 shall bea common expense. n 5.5.5. Certificates of insurance with proper mortgagee mdorsetnents, when U requested, shall be issued to each Unit Owner and his mortgagee(s). n .-j (K.0287846.2) 14 n 4 n ri BK 16082 PG 5.55.6. N'00i%s%nuding anything -in this Trust and -By-Laws to the contrary, if a ri Unit Owner, by virtue of any W"es-he enndtnctss in brig Unit, causes = inmase in the prMiutns for any imuuame obtained by the Trustees, he shall pay the amount of all such `-' increases to dw Trustees on demand as an additionnal: c==on expense attributable to his Unit. ri 5.6 Rebuilt% Restoration atul Condemnc►,g 5.6,1. In the event of arse+ 4asmity loss to the Bu ilclirer otha improvements farming the Condominium, the Trustees shall determqP ine in their reasonable discretion whether or not such loss exceeds ten0e10 1ty ) percent of the value of�e Condominium immediately prior to the casual and shall notify all Unit Owners of smell detem9natiaL ry (a) If such loss as so determined does rnot exceed ten (100%). pereent of such value, the Trustm acting as insurance Trustee's shalt promptly must and eo;Uect the loss, rl arrange for the ptnmit rep* or restoration ofthe damaged areas, and disburse the U proCseds. of all: in3suranm policies in payrrtennt of all Costs and expenses incurred in connection with such rept& or restoration in appropriate progress payments and r I with Appropriate retainage. n n 50 (b) if such loss as .so deteamined mt� t . l fa) p td t of svalue aid if within ow hundred twenty (12'0) days a#tOr-t ze:&W of spelt loss, sevet3tyfive ri (75"!a) percent or more exifise Unit Owlie do riot agree to Proceed whit repair or restoration, a Unit Ownefo proNd onatet share of the insurance proceeds with respect to the Common Areas and facilities, together with the portion of the insurance proceeds allocated to any Unit as a result of a loss to such Unit due to the casualty shall, to the extent permitted by law, be divided among the Unit Owners in proportion to their respective undivided ownership interest in the r i Common Areas and Facilities and shall be paid first to the holders of the first mortgages on their Units, if any, up to, but not in excess of, tim amounts secured thereby, and thereafter to the Unit Owners, and the Condominium be shall subject to partition at the suit of any Unit Owner. Such suit shall be subject to dismissal at any time prior to entry of an order to sell if an appropriate agreement to rebuild is filed. The net proceeds of a partition sale together with any common fiends of the Trust (adjusted for insurance proceeds paid or payable as aforesaid) shall be n divided among the Unit Owners in proportion to their undivided interests in the Common Areas and Facilities and shall be paid first to the holders of the first mortgages on their Units, if any, to the extent of the amounts secured thereby, and M thereafter to the Unit Owners. If, on the other hand, seventy-five (75%) percent or merre of the Up_it Owners agree to proceed with the necessary repair or `—' restoration, the Trustees shall arrange for the repair and restoration of the damaged areas, and disburse the proceeds of all innsumance policies in payment of M all costs and expenses incurred in connection therewith in appropriate progress payments and with appropriate retainage. M U 5.6.2. In the event that the total cost of repair or restoration as estimated on the basis of an independent appraisal, or as determined during the course of repair or restoration, exceeds the total sunt of available insurance proceeds, then the Trustees shall assess all the Unit n LJ fl O287M.2f 15 n n 50 u 1008 2 PG 51 Owners, as a common exe p ns'e' the amou% in excess of available insw=Ce Paoceeds necessary n to cover t%. cost of the Tepair and.114"abon; provides, however, that the cost of repairing or restoring improveq�ent$ to a Unit, vrhich exceeded a value of $ 1,000.00 when they were made (said value to be dined by tho. r.easotrabl Mgmegt of the T to the Trustees as required by Sectaon 5.5.2 (e) hereof, shalt be bornet ex �usiv j by the Owner ) and were not morted n of the Unit involved; and provided further that if the casualty loss exceeds ten (10%) percent of `► the value of the Condominium as described in Section 5.6.1. (b ) hereof and if such excess cost Of repairs over available insurance ptocceds exceeds ten (€0%) percent of the value of the n Condominium prior to the casualty, any Unit Owner not agreeing as provided in said Section u 5.6.1 (b) to proceed with the repair and restoration may apply to the Commonwealth of Massachusetts Superior Court Depnent of the Trial Court, Essex Division (the "SWerior n QW -7), o - such notice to the Trust as the Court shall direct, for an order directing the Purchase of his Unit by the Trustees at the fair market value thereof as approved the Court, The cost of any such purchase shall be a common expanse. n 5.6:3. The Trudteft mayy perforzr► O'nerg=ey wmk essential to the preservation u abd safety of the Coxtdcrmitdam of the $afety -of persoo;or t-equL - . to avoid the st aension of any c.+sseutial se ylo to the Condominium, withOut hang %st adjusted n the loss or -obtained proceeds of insurance. 5.6A If there shall have been 0, repair or restoration pmuant to the foregoing n and the amount of insurance pmitvds shall'stave exceeded- the cyst of suchrepair or restoration, t-, then the excess of such insit=ce proceeds, if any, shah be divided into separate shares for the Trust and the Unit Owners of the damaged Units, in proportion to the respective costs of repair n or restoration of the damaged portions of the Common Areas and Facilities and of eachdam aged Unit, and shall then be paid over to the Trustees and/or each such unit Owner entitled to a share. 5.6.5. In the event that any of the Units or any part of the Common Areas and n Facilities of the C-Oudominium are affected by caninent domain roceedin u apply, to the extent permitted by applicable law; p� the following shall (a) if a Unit is acquiredd by eminent domain, or if apart of a Unit is acquired by u eminent domain leaving the Unit Owner with a.remnant which may not practically or lawfully be used for any purPuse Permitted -by the Master Beed, the M award shall campentsate the Unit Owner for his Unit and its undivided percentage interest in the Common Areas and Facilities whether or not any of the Common '-' Areas and Facilities have been acquired, Upon acquisition, Wless the decree otherwise provides, that Unit's entire undivided interest in the Common Areas and n. Facilities and the Beneficial interest under the Trust shall automatically be reallocated to the remaining Units of the Condominium in proportion to the respective undivided interest of the remainipg Units in the Conunan Areas and M Facilities prior to the taking, and the Trustees shall promptly prepare, execute and L, record an amendment to the ?taster Deed and the Trust reflecting the reallocations. Any remnant of a Unit remaining after part of a Unit is taken under n this subsection shall thereafter be a part of the Common Anus and Facilities. u n u 1Ko287848.21 r n l� 7 u F, BK 10082 PG u n (b) I+accept as providod in subsection (a), if part of a Unit is acquired by dent domain, the award shall emp=ate the Unit Owner for the reduction in vfdue of the Unit and its =divided percentage interest in the Common Areas and Facilities. Upon acquisition, (1) that Unit's undivided in crest in the Common Areas- and Facilities shall be reduced on the basis the n of reduction of the fair value of the Unit as at the date of such taking }rears to the fair value of the retraining Units in the Condominitun as of such date, and (2) that Unit's interest in the n Comon Areas and Facilities shall be divested from said Unit and shall u automatically be reallocated to the retraining Units in proportion to the respective undivided interest of the' remaining Units in the Common Areas and Facilities Prior to the date of such taping. n \ (c; If the Common Area& and Facilities of any put.ihereof aro aeletired by cnriament domain, the Trustee shah be ttrp:party in int t to receive say such award and n to pursue any additional awards due to PWh t & Any suei award or any action taken by -the 1uStees pmusat veto shall i eIrov& or paid -torr &e Trustees naming the "rru$tees of Oaks Villa be . ge — NI%Azwoo$1 serve Condominium n Trust as Condemnatiatn Truss far the bencfit;o€ Oaktge Villagc — Maplewood Reserve condominium, of the mvetal Unit Owners their � and respective mortgagees". n The Trustees shall divide an'Y portion of the -award not uses! foss restoration or ,_; repair of. the remaining Common Areas and Facilities among the Unit Owners in proportion to their respective undivided percentage interest before the taking but n any portion of the award attrtitable to the acquisition of a portion of the u, Common Areas and Facilities which had been exclusively reserved to any Unit pursuant to the terms of the Master Deed shall be paid to the Owner of such Unit M or his mortgagee. Each Unit.Owner hereby appoints the Trustees of Oakridge Village —:Maplewood Reserve Condominium Trost as his attormey-in-fact for the `-' foregoing purposes. 5.7.Lnprrprr vCMM 10 C 2WLaan Areas and Facilitj.& 5.7.1. If, and whenever the T nisU= shall propose to muke any improvement to n the Common Areas. and Futilities of the Condominimn, or "I be requested. in writing by Unit u Owners holding twenty --five (25°Io-) percent or more of the Beneficial interest hereunder to make any such improvement, the Trustees shall submit to all Unit Owners (a) a form of agreement n (which maybe in several counterparts) spectifying.the improvement or improverna is proposed to: be made and the estimated cost thereof and authorizing the Trustees to proceed to make the same, and (b) a cony of the provisions of Section 18 of the Act. Notwithstanding the foregoing, so long as the Declarant has any Beneficial :interest hereunder, the Trustees shall not be required to submit the aforementioned documents to:the Unit Owners Mess a request for improvements `-' is made by Unit Owners holdingleast f at f3' --one (51 %) percent of the Beneficial Interest hereunder. Upon whichever of the following shall first occur, namely, (a) the receipt by the j, Trustees of such agreement signed by Unit Owners holding at least fufy-one (5 ] %) percent of the Beneficial Interest hereunder, or (b) the expiration of six (6) months atter such agreement (KO287846.2) 17 n F1 5 r -i ri K 10082 PG 53 was first submitted to the Unit OV�V , the 'l'kug es shall notify all Unit Owners of the aggregate n UnitPerpOwners of equal Ownersexceeds who have taken sigk such a9mment. if the percentage of agreeing Unit ()roars ut or, or exceeds scuentY five (75QYo) pest, the Tnastees sltal# proceed to snake the improvement or improvements xpegfted in such as a colrunon expeats agreement and shall charge the costs thereof Fl e, provided, However, that, if such improvement costs in excess of tett `' percent (10%) of the then value of the Condotnmum, any Unit Owner not agrmng to the improvement my apply to the Superior COUrt, upon such notice to the Trustees as the Coma shall direct for an order directing the purchase of his Unit by the Trustees at the fair market value n thereof as approved by the court. The cost of any such purchase shall be a common expense. If L, the percentage of agreeing Unit Owners equals or exceeds fifty-one percent (51%), but is less than seventy-five percent (75%), the Trustees y, with the written consent of those Units n Owners who wish the improvement to be made,proaced to make the improvement and charge the cost thereof as a common expense to such agreeing Unit Owners only. n 5.7.2. If and When any Unit Owner SW propose affecting. t€te Common Areas and iyacilities ofthe � rnsl4c � irrkUnit aw a or .. ��u#n� .at such L'.akit Owner's own expense, and the Trustees .detanine in their ressonable discretion that Birch itttprovegnent wouldn be consistent and patil}l� with the provisiou and fnt 'Of the Master Deed: the Trustees may, but shall not be obligated to, authorize such kmprovement to be made at the sole expense of the Unit Owner proposing such izhprovement, as the Trestees in their reasonablo discretion deem n to be necessary or desirable in the circumstances. 5.7.3. No Unit Owner shall make any addition, kalteration or imPrOvemeftt in or to the F) Umt which could affect the structural integrity or file rating of the BuiIdins(s) or cause any dislocation or impairment of or interruption to the Common Areas and Facilities, unless the same shall have been approved by the Trustees in accordance with the provisions of Section 5.7.4 n hereof and shall cop -form to the conditions set forth in said Section 5.7.4. 5.7.4. 'Me fallowing procedures and oouditians shall apply with respect to all additions, n alterations, imProvemcnts, structures, installations or other work or activities (hereinafter individually or collectively referred to as the " sed Work'') which are subject to :the approval procedures and conditions ofthis Section 5.7.4: F-1 Prior to the commencement of the Proposed Work: M (a) The Unit Owner shall have submitted plans and speciincations for the Proposed Work to the Trustees for their approval Pursuant to the provisions of this Section 5.7.4. Such plans and Wdfw- ations shall be its such detail as the n Trustees may reasonably request and shall be pre'Pared and signed by a Registered Architect, Registered Professionai Engineer and/or Registered Land surveyor `J satisfactory to the Trustees, if so requested by'rrustees; r7 U rl u {KM7846:21 18 n ............. .rw�nt FVI)/.c.uA.............. M r�t n Li BK .10082 PG 54 (b) The Unit Owner shall have submitted -to the Trustees such supplemental n information, in addition to the said plants and. specifications, as the Trustees shall reasonably request in order to fully evaluate the proposed work; and n (c) The Truce acting: as a Design, Review Commillee shall have given their written approval of the Proposed Work, which approval shall not be unreasonably withheld. L4 S-9. Manager. The Ttustegs may. hire or appoint a urma'naw or managing agent to peu#brrn such dirties is the adrniiiiston, went and cipefidfit3 of theiytldotnittrn, n including the incurring of expaws, the making of disbiu sernents and keepingof accounts, as the Trustees shall from time to time detamize. However, notwithstanding the appointment of such a manager, the Trustees shall retain ultimate control over the administration, managanent and r -j operation of the Condominium, and they may not delegate to such manager those powers and duties specified under Section 5.1 herwf not to be delegable Any agreementfor professional `J management of the Condominium sliaTl be tenninable without cause and without incurring payment of a terminadeq fee on nituety (90) days .(or less) written notice. The term of such aur agreement shall not exceed three (3) years. 5.9.Meetth. 5.9.1. The Trustees shall meet annually on the date of the annual nteWug of the [Tait Owners and at hwh meeting shall elect the Chairman, Treasurer and Secretary. Other n meetings of the Trustees maybe called by the Chairman and shall be called upon the written Li request of at least two (2) Trustees; provided, however, that written notice of each meeting stating, the place, day and hour thereof shall be given at least three (3) days before such meeting n to each of the Trustees. 5.9.2. There shall be an annual meeting of the Unit Owners on the second n Wednesday in March of each year, at 7:00 p.m. at the Condominium or at such other reasonable place and time as may be designated by the Trustees by written notice given to the Unit Owners at least seven (7) days prior to the date so desitnnated. Special meeting., of the Unit Owners may n be called at any time by the Trustees, and special meetings of the Unit Owners shall be called by the Trustees upon the written request of Unit Owners holding at least thirty-three and one-third U (33 1/3°10) percent of the Beneficial Interest herounder. Written notice of any such meeting designating the place, day and hour thereof shall be given by the Trustees to the Unit Owners at n least f ntneen (14) clays prior to the date so designated. At the annual meeting of the Unit Owners, the Trustees shall submit reports of the management and finances of the Condominium. Whenever at any meeting the Trustees propose to submit to the Unit Owner any, matter with F1 respect to which approval of or action by the Unit Owners is necessary or appropriate, the notice U of such meeting shall so state and reasonably specify such matter. The presence in person or by proxy of the holders of a majority of the Beneficial Interest shall be necessary to constitute a r1 quorum at all meetings of the Unit Owners for the transaction of business. If, however, such quorum shall not be present or represented at any meeting of the Unit Owners, the Unit Owners `-' present in person or represented by proxy shall have the power to adjourn the meeting from time .txazaraas.z} 19 n M I� U n K 10082 P to time, without nonce, other than a nnomwernent at ft rneeting, until a quorum shall be present n or represented. At such adjaumed meeEing at which a quanrm shall bo present a any business may be transacted at the meeting as originally notified. - or represented, n 5.93. Unit Owners entitled to vote at any niceft may vote by proxy only if the proxy holder is a Trustee. No otherwise valid proxy not so held by a ThWee shalt be given effect. . n S.IO. N s, to i3ni Droners Every notice to any Unit Owner required or permitted under the provisions hereof or which may be ordered in any judicial proceeding shal`1 be deemed sufficient and binding if a written or printed copy of such notice shall be given by one (1) or n more of the 1 rustem to such UnOwner by leaving such with him at his residence ire the Condominium or. by mailing it, postage prepaid, and addressed to such Unit Owner at such address as may appear upon the records of the Trustees. ' 5.11. ltecord.Date 1'he Trastees t, fOr A period nOt inacM of thirty (30) days U prig to the date -of any meeting of the Unit ownm, it'iidvanee a lime as a record date for determining the Ur*Owners having a fight to notice of an a"'40 vote. ar such meeting, and in such n only Unit -Ownm of record on: s record dt#te sho Rave such ri hts, notwithstanding any tMWf0r by a Unit Owner of his interest in his Unit UAW the. tewrdidait; If no rmrd date is fixed, the m=d date far the afcnernCntioned purposes:shall be 5:00 pan on the 4ay next n, preceding the day on which notice of a meeting of the thlit-Owners is given u 5.12. Action by Cartsent of Trustees The Tntstees may trartst without a meeting any n business which they are authorized to transact at a meeting, provided that a majority of the Trustees affit"t in writing to the decisions of the Tf ut,.tees concerning such business by sigtjing the official record of said decisions to be filed with the records of the Trustees. Any action so taken shall have the same force and effect as though taken at a duly called and held meeting of n the Trustees. 5.13. - c.ers. 'Li 5.13.1. Desigcaraon- The officers of the Tmt shall be a Chairman, a Treasurer, a Secretary and such other offleers as the Trustees from time to time detenninc. n 5.13.2. Election and O.ualiifiva inns The officers shall be appointed by the First Board of Trustees or their successors selected by the Declarant until the Transfer Bate and thereafter the officers shall be selected by majority vote of the'�rustaes at their regular meeting, or if such regular meeting is not held or in the event of resignation, removal or decease of an `-' officer, at any special meeting of the Trustees. All officers shall be Trustees. A Trustee, if there is then only one (1) or are then only two (2) in office, may hold more than one (1)office. 5.13.3. Tern caf Q cm All ince", other than the .First Board of Trustees or their successors as appointeit by the Declarant, shall hold office for a term of one (1) year and n until their successors are elected and qualified. No person may hold smeh office for more than four (4) years in Succession and until such person's successor is elected and qualified; provided U that any person who vacates such office after so holding office for four (4) years in succession {K0287048.2j 20 n LJ n u 5-5 LJ 5.14. Irisnecaion ofooks,li<eport to iJt ©wners „ Books, mounts and records of the Trustees shall be open to inspection to any one (1) or more of the Trustees and the Unit owners rl and first mortgage holders of the Units 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 ofthe operations of the Trustec;s for such year which shall n include financial statements in such summary form and in such detail as the Trustees shall deem proper. Notwithstanding the preceding, the Trustees shall cause an audited financial statement to ' be available within 120 clays of the end of each fiscal year and, upon written request, available to the holder, insurer or guarantor of any first mortgage that is secured by a Unit. Any person who n has been furnished with such report and shall have failed to object thereto by notice in writing to u the Trustees given by certified or registered mail within apcsriod of ninety (90) days after the date of the receipt by him shall be deemed to have assented thereto. 5.15. Checks totes, Drafts and Other 1� uai�nts Checks, notes, drafts and other instruments for the ment of paymoney drawn or endorsed in the naives of the Trustees or of the n Trust may be signed by any two (2) Trustees, or by any person or persons to whom such power may, at any time or from time to tinte, be delegated by not less than a majority of the Trustees. 5.16. Seal. The Trwtees may adopt a seat circular in form bcaftg an inscription of the !, name of this Trust as set forth in ARTICLE 1, but such seal may be altered by the Trustees at u (K0287846.2) 21 n :r U .......... . n B; I L 082 *06 56 LJ may be subsequently re-eleicted to such office, but only where such perswa's new term in office n begins not less than two (2) years after such WSW previously vacated ski oifica �-' 5.13.4. Chairman. The Chairman shall protide at X11 meetings of the Trustees and n of AO tint Owners, and" have such ober power and.perfbim suck[ ather duties as are provided in the Master Deed. or ft Trust and By-1,awS or as may be desigWcd by the Trustees or the Unit Owners ho3m time to time or a$ are ordinarily exercised by the presiding officer of a corporation. n `-' 5.13,5. . The SWOUY shall record the. votes aud•keep the minutes of all - meetings of the Trustees avid of the 6u"f Offers-iia.a bmok-or bQrik& kre Dept.for that propos . He shall: lc�ep the records and documents of the Trustees and cif the Unix n ,U ©waue€s. k -e shall record in a book ]rept fur that purpose the names of an unit OwUcs, together with their addresses as registered by such Unit Owners, and their naortgagees, if any, and shall have such other powers and duties as may be delegated to hien by the Trustees or the Unit owners from n time to time. u .13.6. T- TrEasttt'er s� lie responsible far the funds of the Traist F1 and shall be responsible1hr-k g or having kept frill and aomate financial rewards acrd books of account showing all aei aaid.dislitlrsemet;ts of true Trust and anX offer ihtarrcial data required: by the Trustees or 1 y the Unit Owners. He shall be responsible for the deposit of all n funds in the name of the T—mWees in such depositories as maybe designated by the Trustees from time to time and shall have such other powers and duties as may be delegated hire '-' to by the Trustees or the Unit Owners, from time to time. The Trustees may delegate such of the M Treasurer's powers and duties to the manager or managing agent as they deem to be advisable. LJ 5.14. Irisnecaion ofooks,li<eport to iJt ©wners „ Books, mounts and records of the Trustees shall be open to inspection to any one (1) or more of the Trustees and the Unit owners rl and first mortgage holders of the Units 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 ofthe operations of the Trustec;s for such year which shall n include financial statements in such summary form and in such detail as the Trustees shall deem proper. Notwithstanding the preceding, the Trustees shall cause an audited financial statement to ' be available within 120 clays of the end of each fiscal year and, upon written request, available to the holder, insurer or guarantor of any first mortgage that is secured by a Unit. Any person who n has been furnished with such report and shall have failed to object thereto by notice in writing to u the Trustees given by certified or registered mail within apcsriod of ninety (90) days after the date of the receipt by him shall be deemed to have assented thereto. 5.15. Checks totes, Drafts and Other 1� uai�nts Checks, notes, drafts and other instruments for the ment of paymoney drawn or endorsed in the naives of the Trustees or of the n Trust may be signed by any two (2) Trustees, or by any person or persons to whom such power may, at any time or from time to tinte, be delegated by not less than a majority of the Trustees. 5.16. Seal. The Trwtees may adopt a seat circular in form bcaftg an inscription of the !, name of this Trust as set forth in ARTICLE 1, but such seal may be altered by the Trustees at u (K0287846.2) 21 n :r U U n B' 10082 PG their plemure, and OM Trusteaes may, at any time or fmrn time to time, at their option, adopt a e mmon or wafer steal which shall be valid fdr all purposes. '-' 5.17. Pascal. Year, The fiscal ym of the Trust shall be the Calendar year, ending with the last day of December or such other dates as mayfrom time to thee -be clettlrmined by the n Trtutees. 5.16. &m.yai..from.Condvminium Law.. until sack time a$.the DeCiarattt has no n Beneficial Interest itcreuuder, LFitit Owners- one hundred {I00%) percent of the Oficial Interest sW1 be required to app.Tove'the removal of the Cogdoaninium describer/ herein from the provisions of the Act, and -thereafter the provisions: of:Se. on 19 of the Act shall n apply; provided, however, if the Declarant approves of such re�amoval, the approval of Unit Owners holding at gcast seventy-five (75%) percent of the Beneficial interest, together with the `-' consent in writing of sixty-seven (67%) of the holders of first mortgages on Units, shall be required for such removal. ' ' 5.19. Sale -pr i,eastaof. U -eft tea the prx�visions of the M D a Unit 0. ncr M may assign lease, sell or odic +ssc:t ansfbr all -of his interest in his Uait.(s). together with (a) the undivided interest in the Common Areas and Fa flit es appurtenant th ti, (b) any exclusive easments appurtenant thereto (as desctlbW iia fihe:.lvMastwDeed), (e) any parking apace or storage facility assigned to the Unit (as descrbed .6thav*siDeed), (d) -the interest of such Unit Owner `y 1. in any Units therefore acquired by the Trustees:or their designee, on behalf of all Unit Owners or the proceeds of the sale or lease thereto#; if any any exclusive rights -:(e) and/or easements as Provided in paragraph 6 of the Master Deed, and (f) the. interest of such Unit Owner in any other n assets of the Condominium (hcseinafter collectively called `°Alr�pui#erxutt Interests'). However, no Unit Owner shall execute any deed, lease, mortgage, or other instrumcnt `-' conveying or mortgaging title to or an interest in his Knit without including therein the Appurtenant Interests, it being the M intention hereof to prevent any severance of such combined ownership. Any such deed, lease, u mortgage, or other instrument purporting to affect one (I) or more of such interests, without including all such interests so omitted, shall include all such interests even though the latter shall not be expressly mentioned or described therein. No part of the Appurtcuant Interests of any Unit maybe sold, /cased, transferred or otherwise disposed of except as part of asale, lease, transferor other disposition of the Unit to which such interests are appurtenant, or as part of a sale, lease, transfer or other disposition of such part of the Appurtenant Interests of all Units. Any such lease n shall be in compliance: with the terrns of the Master meed. `-' 5.20. &W- sition ofUnits by,the Trustees With the approval Of Unit Owners holding seventy-five (75%} percent vfthe Beneficial. Interest under this Frust, the Trustees may acquire a n Unit using funds from the working capital and common expenses in the hands of the Trustee.%, or if such funds are insufficient, the'I'rustees may levy an assessment against each Unit Owner in Proportion to his Beneficial Interest as set forth in E-chibit C to the Master Deed, as a cxtmmon expense, or the Trustees, in their discretion, may borrow ;Honey to finance the acquisition of such Unit; provided, however, that no financing may be secured by an encumbrance or hypothecation of any property other than the Unit, together with the Appurtenant Interests, so to n be acquired by the Trustees. ARTICLE VI n u t+c028780.2) 22 57 82%( 10082 X082 P 0 58 R1 ff rS AND OBLIGATIONS OF THIRD PARTIES DEALING WITH THE TRUSTEES 6.1. Dealing with'i'rust , No pttrc�aser, mortgagee, lender og p r:p son dealing with the Trustees as they then appear of rveord in the R4stry amd inquire further -as to the petsorta who are then Trustees hereunder. The receipts of the Trustees, or any two (2) or more of thein, for monies or things paid or deliveraci- to them or frim shall be effectual discharges therefrom to the persons paying or delivering the same, and no person from whom the Trustees, or any two (2) 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 oformerly was trust property shall be bound to ascertain or inquire as to the existence or occuee of any eve or purpose in or for which a sale, mortgage, pledge ear charge is herein authori7erd or directed, or otherwise as to the purpose or regularity of any of the acts of the T rustees, or any two (2) or more of than, purporting to be done, in punmanc:e of any of the provisions or powers herein contained.. Notwitbstanding the foregoing, .until the Transfer Date, no person dealing with the Trustee designated by the Declarant shall be bound to ascertain or inquire as to the existence or 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 Trustee punporting to be done, in pursuance of any of the provisions or powers herein contained. 6.2. Recourse- Ageiost Trustees. No recourse shall at any time be had tinder or upon any note, bond, contract, order, instrument, certificate, undertaking, obligation, covenant or agrement, whether mal or written, made, issued or executed by the Trustees or by any agent or employee of the Trustees or by reason of anything done or omitted to be done by or on half 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 proceeding, 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 'frust property for payment under such contract or claim or for the payment of any debt, damage, judgmtmt or decree or of any money that may otherwise become clue or payable to them from the Trustees so that neither the Trustees nor the beneficiaries, present or future, shall be personally liable therefor; provided, however, that nothing herein contained shall be deemed to limit or impair the liability of Unit Owners ander the provisions of the Act. G.3. Instruments Satbject to Tr< t Tamp Every note, bond, con#cac#, order, instrument, certificate, undertsk-ing, obligation, covenant or agreement, whether oral or written, n made, issued or executed by the Trustees or by an agent or employee of the Trustees shall be deemed to have been entered into subject to the terms, conditions, provisions and restrictions - `-' hereof, whether or not express refemees shall have been made to this instrument. 6.4. Ccrtifications.by Trustees for Rmordirt+r. All persons deatl.ing.in any manner L, whatsoever with the Trustees, the Trust property or any beneficiary hereunder shall be held to have notice of any alteration or amendment of this Decleration of Trust, or change of Trustee or n Trustees, when the same shall be recorded with the Registry. Any certificate signed by a majority of tate Trustees in office at the time, setting forth as facts any matters affecting the Trust, including statements as to who are the Trustees or the beneficiaries, as to what action has been. taken by the (Ko287846.2) 23 n n L n 10082 PG `J beneficiaries, and as to Watters, determining the authority of the Trustm to do any act, when duly aelmowledlged AM reoorded wit# the Registry shall be conclusive evidence as to the existence of such alleged facts in favor of all third persons, including the Trees, acting in reliance thereon. Any certificate executed by a majority of the Trustees hereunder, settwg forth the existence of any facts, the existence of which is necessary to 4uthori..,e tits execution of any instrument or the taking n of any action by a Trustee, or any two (2) or more of therm, as the case may be, shall, as to all u persons acting in goad faith in reliance thereon, be conclusive evidence of the truth of the statements made in such certificate and of the existence of the facts therein set forth. n ARTICLE vu Ai�Nl�� ANDT�INATIoIv 7.1. 1 dment of TIUSL The Trustm, with the consent irx WdAi9. of Urit Owners Wding at least shay -seven (6 "}o) percent of the Benefteial lntezest:lxnr d ,may at day time from time to thee, amend; alter, add t+o or change this Declaration of `I'iimst iii any mannor or to any extent, the 'Trustees first, however, being duly indemnified to their reasonable satisfaction against Outstanding obligations and liabilities; provided always, however, that no such wnendinent, alteration, addition or change shall be valid orefective if 7.1.1. Maw without the eoietit of the I?ert prjpr. to .flier Transfer Date; or 7.1.2. It would alter, or in any man= or to any extent whatsoever, modify or affect the per=tage of Beneficial interests of any Unit Owner hereunder so as to be different than the percentage of the individual ownership interest of such Unit Owner in the common Arras and Facilities as set forth in Exhibit C to the blaster Deed as said Master Deed may be hereafter amended to add new phase(s) to the Condominiurn pursuant to the provisions of paragraph 18 of the. Master Deed; or 7.1.3. It would render This 'l'rcist contrary to or inconsistent with t.bc Master Deed or any requirements or provisions of the Act; or 7.1.4. It would, in any manner, disqualify mortgages of Units in. the Condoininiurn for sale to > HLMC or P-NNA. AI': provisions of this Trust shall be construed so as to qualify any such mortragcs for sale to I=11LMC and FNMA. 7.2. Necem or Riocor�tiac�&Aims encs Alterations ,i' .. ons or Chancres. Any amend -anent, alteration, addition or cl�ige pursuant to the foregoing provisions of this ARTICLE VI1 shall become effective upon the recording with the Registry of an instrument of amendment, alteration, addition or change, as -the case may be, signed, sealed and acknowledged in the mariner required for the acknowledgment of creeds by a majority of the Trustees, setting forth in full the amendment, alteration, addition or change and reciting the consent of the Unit Owners herein required to consent thereto. Such imstivanent, so executed and recorded shall be conclusive evidence of the existence of all facts and of compliance with the pmvequisites to the validity of V0207saci.2) 24 5 u n Bis 10082 PG L such amendsrrent, alteration, addition or change, whether stated in such instrument or not, upon all nl questions as to title or affecting the rights of third persons and for all other purposes. U 7.3. 103hinatiol'Tbo Trust hereby cleated shall termi=te o4y upon the removal of n the Goridominium Aura. the provisions of the Act in accordance with the procedure therefor set forth in Section 19 of the Act, as maybe supplemented by Section 5.18 hereof. n 7.4. I3isnosition of lQp ty on IfflUiWi n, Upon the termination of oris Trust, the Trustees may, subject to and in accordance with provisions of the Act, sell and convert into money the whole of the Trust property, or any part or parts thereot; and; atter paying or retiring all known liabilities and obligations of the Trustee and providing for indermaity against any other outstanding liabilities and obligations, shall divide the proceeds thereof among, and `—' distribute in kind (at valuations spade by them which shall be conclusive) all other property these held by thcxurr. in trust hereunder to the Unit Ownm.as tenants m common, according to their n respective percentages of Beneficial Interest hereunder. In making any sale under this provision, •� the Trustees shall have power to sell or vary any contract of sale and to do all things, including the execution and delivery of instruments, as may be their performance thereof be shown to be in IF1 their judgment nemsary or desirable -in connection therewith. The powers of sale and all other t-; powers herein given to the Trustees shall continue as to all property at any time remaining in their possession or ownership, even though all times herein fixed for distribution of Trust n property may have passed. ARTICLE VIII n MORTGAGES 8.1. liilwtgaee List. A knit Owner who mortgages his Unit. shall notify the Trustees of the name and address of the Mortgagee. *The Trustees shall maintain a current list of such information. - u 8.2. Repnrt of Violativt3,4 The Trustees whenever so requested in writing by a Mortgagee of a Unit shall promptly report any then unpaid common charges due from, or any ` other violation of the provisions of the Master Deed or oris Trust by, the Unit Owner of the mortgaged Unit. n iJ n u n U 8.3. eYotice. The Trustees, where. giving notice to Unit C cr of a d-efaukt in paying common expenses or of any other such violation, shall, if requested by a Mortgagee, send a copy of such notice to each Mortgagee of the Unit whose name and address has theretofore been furnished to the Trustees. 8.4. Right to Exar gDe oaks Each Mar%agee of a Unit shalt be permitted to exmnine the books, accounts and records of the Condominium at reasonable times on regular business days. (KO207846.2) 25 6 r_1 i-1 10.3. Conflicts. If any provision of this Trust shall be invalid or shall -conflict with the Act, as amended, or the General Laws of Massachu.�cctts, or if any provision of this Trust conflicts n with any provision of the Master Deed, then the following rules of construction shall be used: U 14.3.1. In the event of a conflict between the Trout and the Act, as amended, the n provisions of the Act shall control. 10.3.2. The invalidity. of any provision of the Trust shall not impair or affect the n validity or enforceability of the outer provisions ofthis Trust. r1 10.3.3. Da the event of.a conihot between any nimtericral vafmg requirtneants for action s,et forth in the Master Uood and any such rEcpuireistont sat forth herein, the provisions requiring the greater percentage or fi aeon for action to be taker, or avoided shall control. J (KO287846.2) 2$ r� .e _...,.�,,. �.Y._....................._...... n i u BK 10082 PG 61 n u ARTICLE IX ASSIGNMENT `BY UNIT OWNER OF RIGHTS AND OPTIONS Tho right of any Unit Owner to vote, to grant or withhold any eonscnt, and to exmrise any n other- right or option heroin granted to a Unit (•truer may be assigned or transferred in writing to, or restricted in favor of, any Mortgagee of a mortgage covering that Owner's Unit, and the L Trustees shall uNu receipt of written notice thereof from such Unit Owner or Mortgagee be bound by any such assignment or transfer which appears of record to be in full force and effect. n `'ARTICLE ARTICLE X AND INITERPRETATION; WAIVER; RECOURSE LIMITED 10.1.M TMMS. In MS. the construction hermf, whether or not so expressed, words used in the singular Or: the plural respectively include both the plural ar�d singular, words denoting reales inchade hales and words denoting:persons include: individuals, firms, associaiiQns, companies (joint r1 stock or otherwise), trust wd corporations unless a contrary intention is to be inferred from u or required by the subject matter or context. The cover, title, Beadings of different parts hereof, the table of contents and the marginal notes, if any, aro inserted only forthe convenience of n reference and are not to be taken to be any part hereof or. to control: or affect the mean' �I construction, interpretation or effect hereof All the trusts, powers :and provisions herein contained shall take effeet and be construed according to the h w of the C',ommonwealth of n Massachu= ts. As all provisions of the Master Deed and this Trust are to be construed so that `-' mortgages coveing Units shall qualify for sale to FHLMC and to I NMA, in the event that any action to be taken requires an assent or vote of a specified percentage of:Urtit Owners and/or rpercentage their mortgagees, and if the requirements of T+HLMC and FNMA shall differ, the higher shall be required. 10.2. Const, . . Wherever it is provided horcia that the permsssion, approval or consent n of any party is requited, such permission, approval or consent shall not be unseasonably u withheld. The Trustees have the power and authority to waive any provisions of this 'Frust affecting or limiting the rights of a Unit Owner for arty cause or reason:determine d to be n reasonable by such Trustees in their discretion. 10.3. Conflicts. If any provision of this Trust shall be invalid or shall -conflict with the Act, as amended, or the General Laws of Massachu.�cctts, or if any provision of this Trust conflicts n with any provision of the Master Deed, then the following rules of construction shall be used: U 14.3.1. In the event of a conflict between the Trout and the Act, as amended, the n provisions of the Act shall control. 10.3.2. The invalidity. of any provision of the Trust shall not impair or affect the n validity or enforceability of the outer provisions ofthis Trust. r1 10.3.3. Da the event of.a conihot between any nimtericral vafmg requirtneants for action s,et forth in the Master Uood and any such rEcpuireistont sat forth herein, the provisions requiring the greater percentage or fi aeon for action to be taker, or avoided shall control. J (KO287846.2) 2$ r� .e _...,.�,,. �.Y._....................._...... n i u r r Li 8K 10082 PG 10.3.4. In the WCAt Of any conflict other than as sot forth in Subseetion 10.3.3 of this Section betwe,the provisions of the Mastf r Deed and any other provision hereof, &B provisions of the Master Deed shall -control. 10.3.5. In the event of any conflict between -the requirements set- forth in the Maxtor Deed or this Trust and the requirements of FM M -C * or'VNMA. -the more. stringmt of the rLnuirements of FHLMC or FNMA shall control, to the extent that such requi;vmonts do not Othwwisc conflict witb applicable law. 1-0.4. Waiver. NO restriction, 000dition, obligation or.. provisioll =ta%O in this Trust \orB Y-Lawsshall bede= to have been abrogated or waived by -rem.. of any fallure to enforce the some. 10.5 P Lin+ited. Notwithstanding anything to the contrary berein, any liability or elaims against Declarant or First board of Trust= are strictly limited to. the Declam. V s interest in the Condominium, and in no event shall any recovery oriudgwombe sought.or enforced againg vzy of the Dedarant's otber assets ::(if any.) or against .aay.afD;cja=Vt martagims, members. partners (or their c9ns'fituentVartners) Or=Y-Offi6z, empliayee or agent of any Of the %regoin& Furffier, in no "I :­ . event any:claimabt be an0fled -to seek or obtain other damages of any kind, including, without limitation, -consequential,' indired ' or ' Punitive damages. IN WrMESS WHEREOF, the undersigned have hereunto caused these praent s to be executed in its behalf, as a sealed instrument on: the day and date first above written. Signatures on my bra (K,02878".2) 27 62 3 Essex, ss. on tw toot ----::. }p��•¢p/�}�s�,�����•� }}meq which were 0 drivees license, +-bo�ito me*.Or 0 P.M.Onalty biowta to a Td party pew' town to m to be' pt st moose OM to d.0& the pr0 or attached doeumeat, and 'abknGwledged the that he mated purpose as Manager of the Vailq Reay. I ►e (KG287M-1 .:::� :iilTt.11 Giii3;?d. ,� �3C14)iC'�tiTC� d13C s;tSi�;;};� .:,•• ::.•:.. _.. ♦.. .. .. .. _ .. :ter il}�:..%r ... ... .. ... • .. .�.. .... .10082 P gi 3 Essex, ss. on tw toot ----::. }p��•¢p/�}�s�,�����•� }}meq which were 0 drivees license, +-bo�ito me*.Or 0 P.M.Onalty biowta to a Td party pew' town to m to be' pt st moose OM to d.0& the pr0 or attached doeumeat, and 'abknGwledged the that he mated purpose as Manager of the Vailq Reay. I ►e (KG287M-1 .:::� :iilTt.11 Giii3;?d. ,� �3C14)iC'�tiTC� d13C s;tSi�;;};� .:,•• ::.•:.. _.. ♦.. .. .. .. _ .. :ter il}�:..%r ... ... .. ... • .. .�.. .... .... .. i-•"1 : , BK 10128 PG 127 MST AMIMMENT TO ITER DIED OF 0A GE VELLAGE - MAPLE OOD Lj ADDITION OF P-HASE 2. (BUILDINGS 6,7 al id 8) VALLEY REALTY DEVELOPMENT, LLC, a Massachusetts limited liability company with a place of business at 233 Sutton Street, North Andover r,Massachusetts 01845 being the Declarant under a Wster Deed .dated Match 14, 2006 and. recorded with Essex Non h District Registry of Dgeds at Book 10082, Page i (the "Master Deed°' n a ), pursuant to the rights reserved In paragraph 18 f the Master. Deed to amend the Master .Deed to add additional phases, does hereby amend the Master heed to add Phase. Two (Building 6; 7 and $) to .the Condominium. Capitalized terms used but not defined in this Amendment shall have the same definitions given to thein as in the Master Heed, c­� 1. Phase ("rownhouse Two consists of (1) Building 6 containing twelve (12) townhouse Units Units"); (ii) Building 7 containing five (5) automobile parking garages ("Cam"), and (iii) Building 8 containing six Garages. n 2. The Master Deed is hereby amended as follows: " (a) Paragraph 5 of the Master Deed is hereby amended by substituting thet.:' Condominium Plan described therein with a certain plan entitled "Condor iinium Site Plan - Addition of Phase H, Oakridge Village / Maplewood lewood ReserveN ,. orth `. Andover, Mass. Drawn for Valley Realty Development, LCC", Dated: n Mat' *' .30, 2006, by Merrimack Engineering Services and recorded with the Registry "ela n No 4 — f (b) The Townhouse Units and Garages for :phase 2 (Buildings 6, 7 and 8) are s1�vm -- on the plans entitled "Condominiurtl< Floor � Plans, Phase II Buildings 6, 7 � 8, dated March 30 20:06, a ontainin9 Sheets 1 through 3, prepared by Merrimack n Engineering Services in accordance with Section 8(0 of the Act and recorded with the Registry as flan No. , and the Floor Pians, described in Paragraph 6 (a) of the Master Deed; hereby .are amended to include the above- e= described plans. v. L -i (c) r_J Paragraph 8 (b) of the Piaster Deed is hereby amended by deleting it in its entirety and replacing it with the following:Cn r-, Q'I (b) Parking- Each Unit shall have the exclusi>re right and easement as appurtenant to such Unit to use the parking sure(§) (the `T..arking r` t SR s.)") and/or the garage (the "Garage"), if any, designated in the Unit Deed frons the Declarant to a purchaser thereof (or, in the case of such `J conveyance from Declarant separate from such deed, them in and by the Return to: Robett W. Levy, ksquite t—t Ee>eFtScanIRMChtniu:& McHok, LLC One lntemational Place Boston, MA 02110 n {K0322612.11 BX 10 f *228 P 6 1 instrument of conveyance so utilized) .and shown on the Floor Plans or the Condominium Site Plan. Declarant hereby reserves the right, as long as Declarant owns a Unit in the Condominium' or has the right to add additional phases of the Condominium, to grant by such deed or separate instrument the exclusive right to use additional Parking Space(s) or Garage(s) in the Condominium to a Unit Owner on such terms and conditions as Declarant deems appropriate and' any consideration paid in connection therewith shall be retained by the Declarant. To the extent any of the Parking Spaces or Garages have not been so assigned. atter all Units have been sold by Declarant in.all of the'p6ses of'the Condominium and Declarant no longer has the right. to add additional phases thereto, the sameshall be available, subject to the Mules and regulations of the Condominium .arid the designation by the Deblarant or the Trustee of certain spaces for handicap use, for occasional use by all Unit Owners or occupants and their guests and they shall be a part of the Common Areas and Facilities of the Condominium. 'The Parking Spaces designated on the Condominium Site Plan as handicap spaces shall be a part of the Common Areas and Facilities of the Condominium and shall be only be used for parking by handicap individuals in accordance with appE,,c,.a_bbe law and the Rules and Regulations of the Condominium. 'bile owner of an exclusive right and easement to a Parking Space or Garage shall bear all risks, including, personal injury, property damage, theft and vandalism, with respect to such Parking Space or Garage. Any Owner of a Unit, including the Declarant, may convey or exchange any Parking Space(s) or Garage to which such Unit has an exclusive right and easement, or, as to Declarant, any such Parking Space(s) or Garage that have not been conveyed, to another Unit Owner or to the Declarant, provided that commencing with the first conveyance of a Unit every Unit shall at all times have an exclusive right and easement to at least one (1) parking Space or Garage. (d) Exhibit B to the Master Deed is hereby amended by deleting the existing Exhibit B and substituting it with the Exhibit 8 attached hereto and made a part hereof. (e) Exhibit C to the Master Deed is hereby amended by deleting_ the existing Exhibit C and substituting it with the Exhibit C attached hereto and made a part hereof. 3. Giving effect to the foregoing, Phase 2 (Buildings 6, 7 and S) is :hereby added to the Condominium. 4. Except as hereby amended, the Master Deed is -ratified and confirmed in all respects. IN WITNESSER$OF, the said Valley fealty Development, LLC has: caused these presents to be executed this day of April, 2006. Signatures on next page. IK0322612.1 } . . . . ... .......... . - ............... ......... .... L BK 101 '12".8 PG 1,19 VALLEY REAL'IrY DEVELOPMENT, LLC By. CONIMUNWEALTH OF MASSACHUSM.-T- TS %-4 County of Essex, ss On this _g day of April, 2006, before me, the enders gned- notary pablic, personally appeared rl Louis P. Minicucci, Jr., proved to me throqgh satisfactory evidence of identification, which is that he is known to me for a period of time to establish beyond d . oubt that he has the identity claimed, to be the person whose name is signed on the preceding or attached docurnent, and acknowledged to me that he signed it voluntarily for its stated purpose,qsrg-Man'.1 er 0m f V jAky XVty Developi-ncnt.. LLC, % . A My Cornn*sion Expires -A, 6 C-2-'L-ao PENNIE-.,JF-AN ORMON L.j Notary Pubife commerwailit. of MISS'adma My COMMIS810R, Exphn W July 21, 2011 (K03226.2.1) 3 gBtT B DEscRiPTION OF BUILDINGS There are five (5) Buildings on the Land described in. Exhibit A to this Mastor Deed contained in phase 1 and- 2 of the Condominium. Said Buildings ate described as follows: 1. A one (1) story community building containing an indoor swintnniatg pool, shown on the Condominium Site Plan as ." 1 Story Community Building #5, #5 Harvest Drive". 2:,. A ". (3) story building consisting of thirty eight (38) residential Units shown on: the Condominium Site.Plan,as "3 Story 38 -Unit Building # 2, #2 Harvest Drive". Said building coFnfa ns Units 101 through 312 of the CondominIUM. 3. A two and on half (2 1h) story building .consisting of twe'ive .(12) residential Townhouse Units showrn_ on the Condominium Site Plan as "2 1h Story 12 Unit Building #6, 501-612 Alder Way". A A /t L 1 ti- l+. n Y. n OM -11) bto1 ue ilding col8is'ting of ncve:(5) Garages shown on the Condominium Site flan as "1 Story 5 Car Garage Building No. 7". 5. A-one(1) story building coansisOng of six (6) Garages shown on the Condominium Site Pisn as "1 Story 6 Car Garage Building No. 8". 1, (K0322612.1) 4 r i� W128 PO 1-31 LJ JC' lB•�� n i� DESCRIPTION OF UNITS I^' 13af$ g No. 1 l<3>i$it leo. No. Approx. Loutnon � PrO r-himnte ROOM$2 Sq. Ft.3 l�teresg (®/®)1'®r 2 101 4 1,154 • First Floor Units 2.024676% 2 1.02 4 1,159. First door 2.024676 % 2 1 03 _ 3 _ � 860 - Fist Floor 1.581778 �- 22 14)4 3 S52 First Flbor 1. -23600 % I .2105 3 856 First Floor 1.423600% , w 2 2 1.06 4 1,077 --Fust Floor 2.024676% -� 1 07 3 A52 Fust F toor 1.581778% 2 108 4 1,077 First Floor 2.024676 2 2 109 3 855 _First Floor I 1.423600% {� 110 3 852 First Floor 1.423600 L; 2 111 3 859 First Floor 1.581778% 2 2 112 4 1,159 First Floor 2.024676% p, 113'-4 1,152 --f,P First Floor 2.024676% u 2 201 4 - - 16 Second•Floor 2.024676% 2 202 4 P, P 17 Second Floor , 2.024676 % 2 2 203 4 1,039 Second Floor 1.074685% 2 204 4 1,259 Second Floor 2.024670 °Jo n 2 205 206 3 4 814 Second Floor 1.581778% 1,035 Second Floor 1.676685% L4 2 207 3 857 Second Floor 1.423600% 2 2 208 4 1,036 Second Floor 2.024676% 209 3_ 813 Second .Floor 1.581778% t� 2 210 4 1,263 Second Floor 2.024676% 2 2 2i P 212 4 4 1,032 1,117 Second Floor = -i---- Second Floor +1.676685% `ri L� 2 1, 118 Second Floor 2.024676% 2.024676% 2 301 -23131 4 �� X1,121 TI&d Floor 2.024676% 2 2 302 4 I 1,118 'F'hird Floor 2.024676% 2 303 4 1,043 Third Floor 1.676685% n 2 304 305 4 1,267 . Third Floor 2.024670% 4� 1,257 Third Floor j 2.024676% v As shown on the Condominium Site Plan. The post office address for: G) Building 2 is 2 Harvest Drive, North Andover, AIA 01845: and (ii) Building 6 is 601-612 Alder Way, N.orili Andover, MA 018185. z Closets, Mechanical Closets, Mechanical Rooms, Bathrooms, Balconies anis Decks are not' included in the r number of rooms in the column headed "No. Rooms". 3 The approximate area of the Unit in square feet set.f'orth above does not include any balcony or deck. v (K0322612.1) 5 Lj _ u n 8K 10128 PG 132 L 1.676685 % 2.024676% 2.024676% 2.024676% 2.024676% 1.676685% 2.024676% 2.657387% 2.657387% \ 2.657387% 2.657387% 1 2.657387% 1 2.657387 % 2.657387% 1.898134% j 2.657387 % ! 1.898134% 2.657387 _ 2.6573$7°!0 u Immediate common areas to which each Unit, has access are the common hallways or Building exterior, as shown on the Floor Plans. u I F7 Y n �.i (K03221612.1) 6 31164 1;03 P Third Floor 2 307 4 1,257 Third Floor 2 X08 A-1,038 Third Floor 2 309 4 1,035 Ibird Floor r 2 310 4 1,264 Third Floor L,; 2 311 4 1,117 Third Floor 312 4 1,121 T1niTd Floor f�H12 6 601 6 1,912 First, Second, 1 Third -Floors n 6 602 5 1,11 i First, Second, 'Third Floors 6 i 603. 5• 1904 • First; Scor Third Floors �? 6 604 6 1,91.9 First, Secozzd, 'Third Floors 6 605 b 2,044 First, Second, Third Floors 6 606 6 1.916 Fiat, Second, r r Third doors 6 607 5 1,909 .First, Second, ` Third Floors n,econd, 6 608 5 1,911 -- t Third Floors ' 6 609 5 I 1,905 First, Second, (� b 6l 05 1,911 Third Floors First, Second, Third Floors 6 611 6 1,938 First, Second, 4 Third Floors 6 612 7 1,905 First and Second r-} Floors 1.676685 % 2.024676% 2.024676% 2.024676% 2.024676% 1.676685% 2.024676% 2.657387% 2.657387% \ 2.657387% 2.657387% 1 2.657387% 1 2.657387 % 2.657387% 1.898134% j 2.657387 % ! 1.898134% 2.657387 _ 2.6573$7°!0 u Immediate common areas to which each Unit, has access are the common hallways or Building exterior, as shown on the Floor Plans. u I F7 Y n �.i (K03221612.1) 6 BK 10140N 147 SECOND AMENDMENT TO MASTER DEED OF OAKRIDGE VILLAGE – MAPLEWOOD RESERVE ADDITION OF PHASE 3 (BUILDING 3) VALLEY REALTY DEVELOPMENT, LLC, a Massachusetts limited liability company with a place of business at 231 Sutton .Street, North Andover, Massachusetts 01845 being ttae . Declarant under a Master Deed dated March 14, 2006 and recorded. with Essex North District \ Registry of Deeds at Book 10082, Page 1, as amended by First Amendmeeit to Master Deed dated April 13,, 2006 and recorded with the Registry at Book 10128, Page 127 (the "Master 2e91; pursuant to the rights reserved in paragraph 18.of the Master Deed 16 amend the Master Deed to add additional phases, does hereby amend the Master Deed to add Phase Three (Building 3) to the Condominium. Capitalized terms used but not defined in this Amendment shall have the same definitions given to them as in the Master Deed. 1. Phase Three consists of Building 3 containing thirty eight (38) Units, twenty three,.(23) L Parking Spaces and forty (40) indoor Parking Spaces (the "Indoor Parking Spaces!'). (� 2. The Master Deed is hereby amended as follows: 'y l '- (a) Paragraph 5 of the Master Deed is hereby amended by substitutiq_the rt Condominium Plan described therein with a certain plan entitled "Condon alm Lil Site Plan – Addition of Phase III, Oakridge Village / Maplewood Reserve,` arth tv Andover, Mass. Drawn for Valley Realty Development, LCC", Dated: Apri11, w rl 2006, by Merrimack Engineering Services and recorded with the Registry as an No. 15 -D 9A. (b) The Units and Indoor Parking Spaces for Phase 3 (Building 3) are shown on the plans entitled "Condominium Floor Plans, Phase III Buildings 3, dated April 11, o 2006, containing Sheets 1 through 4, prepared by Merrimack Engineering ^, () Services in accordance with Section 8(f) of the Act and recorded with the c� Registry as Plan No. "and the Floor Plans, described in Paragraph -a 6 (a) of the Master Deed, are hereby amended to include the above-described —,� plans. (c) Exhibit B to the Master Deed is hereby amended by deleting the existing Exhibit B and substituting it with the Exhibit B attached hereto and made a part hereof. (d) Exhibit C to the Master Deed is hereby amended by deleting the existing Exhibit FT C and substituting it with the Exhibit C attached hereto and made a part hereof. L-1 3. Giving effect to the foregoing, Phase 3 (Buildings 3) is hereby added to the Condominium. r? Return to: u Robot W. Levy, Esquire Eckert Seamans Chain & Mellott, LLC \ ,h One lntaasbone . Place n Boston, MA 02110 {K0323388.11 n r n BK 10140 PG 148 i� ri 4. Except as hereby amended, the Master Deed is ratified and confirmed in all respects. IN WITNESSWHER)rQF, the said Valley Realty Development, LLC has caused these rZ presents to be executed this day of April, 2006. u Signatures on next page. n \ h u h Lj �Jr r U n L {K0323388.1 } 2 la i LJ �1 4 BK 10140 PG 149 LJ VALLEY REALTY DEVELOPMENT, LLC By: COMMONWEALTH OF MASSACHUSETTS n County of Essex, ss On this/j day of April, 2006, before me, the undersigned notary public, personally appeared n Louis P. Minicucci, Jr., proved to me through satisfactory evidence of identification, which is that he is L� known to me for a period of time to establish-beyonddoubt that he has the identity claimed, to be the person whose name is signed on the p ding or aed document,.and acknowledged to me that he signed it voluntarily for its stated pure se, as a Manag of Vfe� ReipTevelopment, LLC, ri, "NOTARY PL '$WC U My Commission Expires.- 17pff PENNIE-JEAN DRAGON Notary f ublic Masia IV Commonweafth of Massachusel>a My Commission Expires July 21, 2811 F7 1j �—� tK032338 B.1 } 3 U /'1 L h ri Lj F7 mi M L, 4 BK 10140 PG 150 EXHIBIT B DESCRIPTION OF BUELDINGS There are six (6) Buildings on the Land described in Exhibit A to this Master Deed contained in phases 1, 2 and 3 of the Condominium. Said Buildings are described as follows: 1. A one (1) story community building containing an indoor swimming pool, shown on the Condominium. Site Plan as "l Story Community Building #5, #5 Harvest Drive".. 2. A three (3) story buildin consisting of thirty eight (38) residential Units shown on the Condominium Site Plan as "3 Story 38 Unit Building # 2, #2 Harvest Drive". Said building contains Units 101 through 312*of the Condominium. 3. A two and on -half (2 1%2) story building consisting of twelve (12) residential Townhouse Units shown on the Condominium Site Plan as "21h Story 12 Unit Building #6, 601-612 Alder Way". 4. A vne (i) store vuiid:u— CviiiiSun" Vf 11VG -� �-____ 7 K l,?/_ valageS Shown on the Condominium Site Plan as "I Story 5 Car Garage Building No. 7". 5. A one (1) story building consisting of six (6) Garages shown on the Condominium Site Plan as "l Story 6 Car Garage Building No. 8". 6. A three (3) story building consisting of thirty eight (38) residential Units and forty (40) Indoor Parking Spaces, shown on the Condominium Site Plan as "3 Story 38 Unit Building # 3, #3 Harvest Drive". Said building contains Units 101 through 312 of the Condominium. (K0323389.1) 4 BK 10140 P',..1 151 EXMBIT C I DESCRIPTION OF UNITS Building No.' Unit No. • No. Rooms Approx. Sq. Ft 3 Location Proportionate Interest (%) for Units 2 101 4 • 1,154 First Floor 1.171475% .2 , 102 4 .1,159 First Floor ,. 1,171475% 2- 103 3 - 860 First Floor 0.91521517c 2 104\ 3 852 First Floor 0.91 554% 2 - 105 3 856 First Floor -0.911554% 2 106 -4- 1,077- First Floor 1.171475 % 2 107 3 852 First Floor 0.915215% 2 108 4 1,077 First Floor 1.171475% 2 109 3 855 First Floor 0.911554% 2 110 3 852 First Floor 0.911554% 2 I l l 3 859 First Floor 0.91-5215% 2 112 4 1,159 First Floor 1.171475% 2 113 4 1,152. First Floor 1.171475% 2 201 4 1,116 Second Floor 1.171475% 2 202 4 1,117 Second Floor 1.171475% 2 203 4 1,039 Second Floor 0.995753% 2 204 4 1,259 Second Floor 1.171475% 2 205 3 814 Second Floor 0.91-5215% 2 206 4 1,035 Second Floor 0.995753% 2 207 3 857 Second Floor 0.911554% 2 1 208 4 1,036 Second Floor 1.171475% 2 209 3 813 Second Floor 0.915215% 2 210 4 1,261 Second Floor 1.171475% .2 211 4 1,032 Second Floor 0.995753% 2 212 4 1,117 Second Floor 1,171475% 2 213 4 1,118 Second Floor 1.171475% 2 301 4 1,121 Third Floor 1.171475% 2 302 4 1,118 Third Floor 1.1714759'0 2 303 4 1,043 Third Floor 0.995753% 2 304 4 1,267 Third Floor 1.171475% 2 1 305 4 j 1,257 Third Floor 1.171475% ' As shown on the Condominium Site Plan. The post office address for: (i) Building 2 is 2 Harvest Drive, North Andover, MA 01845; (ii) Building 6 is 601-612 Alder Way, North Andover, MA 01845; (iii) Building 3 is 3 Harvest Drive, North Andover, MA 01845. 2 Closets, Mechanical Closets, Mechanical Rooms, Bathrooms, Balconies and Decks are not included in the number of rooms in the column headed "No. Rooms". a The approximate area of the Unit in square feet set forth above does not include any balcony or deck. (K0323388.1) 5 I BK: .10140-1 PG 152 4 LA n u ri L u M v U r� u ,Lj i1 rr n 2 306 4 1,031 Third Floor 0.995753% 2 07 4 1,257 Third Floor 1.171475% 2 308 4 1,038 Third Floor 1.171475% 2 309 4 1,035 Third Floor 1.171475% 2 310 4 1,264 Third Floor 1.171475% 2 311 4 1,117 Third Floor 0.995753% 2 312 4 1,121 Third Floor 1.171475% 6 601 6 1,912 " First, Second, Third Floors' ' 1.537560% 6 602 5 1,911 F't, Second, Third Floors 1.537560% 6 . 603 5 ... 1,904 First, Second, Third Floors 1.537560! 6 604 6 1,919 First, Second, Third Floors 1.537560% 6 605 6 2,044 First, Second, Third Floors 1.537560% 6 6(16 6 1,916 Furst, Second, Third Floors 1.537560% 6 607 5 1,909. First, Second, Third Floors 1.537560% 6 608 5 1,911 First, Second, Third Floors 1.087275% 6 609 5 1,905 First, Second, Third Floors 1.537560% 6 610 5 1,911 First, Second, Third Floors 1.087275% 6 611 6 1,908 First, Second, Third Floors 1.537560% 6 612 7 1,905 First and Second Floors 1.537560% 3 101 4 1,149 First Floor 1.171475% 3 102 4 1,155 First Floor 1.171475% 3 103 4 1,054 First Floor 1.171475% 3 104 3 859 First Floor 0.911554% 3 105 3 850 First Floor 0.911554% 3 106 4 1,080 First Floor 1.171475% 3 107 3 847 First Floor 0.915215% 3 108 4 1,079 First Floor 1.171475% 3 109 3 854 First Floor 0.911554% 3 110 1 3 1 858 1 First Floor 10.911554% 3 111 4 1,051 1 First Floor 11.171475 % 3 112 4 1,150 1 First Floor 11.171475% Lq n (K0323388.1) 6 U L-4 3 113 4 1,152 First Floor 1.171475% 3 201 4 1,116 Second Floor ' '1. 171475 % 3 202 4 1,114 Second Floor .1.171475% 3 203 4 1,029 Second Floor 0.995753% 3 204 4 1,264 Second Floor. 1.171475% 3 205 3 809 Second Floor 0.915215% 3 206 4 1,034 Second Floor 0.995753% 3 207 3 848 Second Floor 0.911554% 3 208 4 1,035 Second Floor 1.171475% 3- 209 3 806 Second Floor 0.915 15 % 3 210 4 1,264 Second Floor 1.171415% 3, •211• 4- 1,02.6 Second Floor '0.995753% 3 212 4 1,115 Second Floor 1.171475% 3 213 4 1,111 Second Floor 1.171475% 3 301 4 1,112 Third Floor 1.171475% 3 302 4 1,114 Third Floor 1.171475% 3 303 4 1,030 Third Floor 0.995753% 3 304 4 1,co i hind Floor 1.1714'' % 3 305 4 1,243 Third Floor 1.171475% 3 306 4 1,058 Third Floor 0.995753% 3 307 4 1,243 Third Floor 1.171475% 3 308 4 1,042 Third Floor 1.171475% 3 309 4 1,028 Third Floor 1.171475% 3 310 4 1,270 Third Floor 1.171475% 3 311 4 1,107 Third Floor 1.171475% 3 312 4 1,120 Third Floor 1.171475% n u Immediate common areas to which each Unit has access are the common hallways or Building exterior, as shown on the Floor Plans. n n u r U M L� u M {KO323388.1} 7 v i u n u BK: 10285 PG 169. u . THIRD AMENDMENT TO MASTER DEED OF n OAKRMGE VILLAGE-1VMAPLEWOOD RESERVE ADDITION OF PHASE 4 r� (BUILDING 9) VALLEY REALTY DEVELOPMENT, LLC, a Massachusetts limited liability company with a place of business at 231 Sutton Street, North Andover, Massachusetts 01845 being the Declarant under a Master Deed dated March 14, 2006 and recorded with Essex North District Registry of Deeds. (the "Registr�I at Book 10082, Page 1, as amended by First Amendment to n, Master Deed dated' April 13, 2006 and recorded with the Registry at Book 10128, Page 127 and Second Amendment to Master Deed dated April 19, 2006 and recorded with the Registry at Book 10140, Page 147 (the "Master Deed"), pursuant to the rights reserved in paragraph 18 of the Master Deed to amend the Master Deed to add additional phases, does hereby amend the Master Deed to add Phase Four (Building 9) to the Condominium. Capitalized terms used but not defined in this Amendment shall have the same definitions given to them as in the Master n Deed. 1 • Phase Four consists of Building 9 containing six (6) Townhouse Units and 04-:(1) n Garage. L, 2. The Master Deed is hereby amended as follows: _ N (a) Paragraph 5 of the Master Deed is hereby amended by substituting the Condominium Plan descnbed therein with a certain plan entitled "Condominium `'I Site Plan - Addition of Phase N, Oakridge Village / Maplewood Reserve, North Andover, Mass. Drawn for Valley Realty Development, LLC", Dated: June 30, N 2006, by Merrimack Engineering Services and recorded with the Registry as Plan a- Cr 71 (b) The Townhouse Units for Phase 4 (Building 9) are shown on the plans entitled co ;-4 "Condominium Floor Plans, Phase 1V Building 9, dated June 30, 2006, containing Sheet 1, prepared by Merrimack Engineering Services in accordance with Section n 8(t) of the Act and recorded with the Registry as Plan No. 16y , and the Floor Plans, described in Paragraph 6 (a) of the Master Deed, are hereby amended to include the above-described plans. n (c) Exhibit B to the Master Deed is hereby amended by deleting the existing Exhibit 4 B and substituting it with the Exhibit B attached hereto and made a part hereof. t-1 (d) Exhibit C to the Master Deed is hereby amended by deleting the existing Exhibit 4 C and substituting it with the Exhibit C attached hereto and made a part hereof. r� Reumn to: u Robat W. levy. Esquhe Eokat Seamma Chain & Mdlou. LLC one WtunationdPim ` Boston, MA 02110 {R03279312} u n n '�J BK 10285 P'S 170 3, Giving effect to the foregoing, Phase 4 (Building 9) is hereby added to the Condominium. 4. Except as hereby amended, the Master Deed is ratified and confirmed in all respects. IN WITNESS WHEREOF, the said Valley Realty Development, LLC has caused these presents to be executed this 30a' day of June, 2006. Signatures on next page. M327951.2) 2 BK -10285 RG 171 VALLEY REALTY DEVELOPMENT, LLC COMMONWEALTH OF MASSACH[JSETTS County of Essex, ss On this 30' day of June, 2006, before me, the undersigned notary public, personally appeared Louis P. Minicucci, Jr., proved to me through satisfactory evidence of identification, which is that he is known to me for a period of time to establish beyond doubt that he has the identity claimed, to be the person whose Hattie is signed on the pFGfGtuug u OLUIULLGLL UUUUIIIGIIL, 41UU iril uVW IW w signed it voluntarily for its stated purpose, as Ma ager of VAey fealty Development, LLC, (KO327951.2) v—gk4 J NOTARY LIC My Commission Expires:71 d- o jl 3 PSNNE-JEAN DRAGON U1U1NotaryPublic CMCo eof t41zu tUry CommlmI afon Expiroe July 2t, 2ot t Li f'1 BK 10285 PG 172 Exmmrr B n DEscm mm or BuimmGs There are seven (7) Buildings on the Land described in Exhibit A to this Master Deed contained in phases 1, 2, 3 and 4 of the Condominium. Said Buildings are described as follows: n I. A one (1) story community building containing an indoor swimming pool, U shown on the Condominium Site Plan as "1 Story Community Building #5, #5 Harvest Drive". n \ 2. A three (3) story building consisting of thirty eight (38) residential Units shown on the Condominium Site Plan as "3 Story 38 Unit Building # 2, #2 Harvest Drive". Said building contains Units 101 through 312. 3. A two and on -half (2 1h) story building consisting of twelve (12) residential Townhouse Units and one (1) Garage shown on the Condominium Site Plan as "21h Story 12 r- . Unit Building #6 601-612 Alder Way". Said building contains Units 601 through 612. 4 4. A one (1) story building consisting of five (5) Garages shown on the (-1 Condominium Site Plan as "1 Story 5 Car Garage Building No. 7". 5. A one (1) story building consisting of six (6) Garages shown on the n Condominium. Site Plan as "1 Story 6 Car Garage Building No, 8". u 6. A three (3) story building consisting of thirty eight (38) residential Units and n forty (40) Indoor Parking Spaces, shown on the Condominium Site Plan as "3 Story 38 Unit Building # 3, #3 Harvest Drive". Said building contains Units 101 through 312. 7. A two and on -half (2 1h) story building consisting of six (6) residential n Townhouse Units and one (1) Garage shown on the Condominium Site Plan as "21h Story 6 � Unit Building #9 401-906 Alder Way". Said building contains Units 901 through 905. n (KO327951.2) 4 r I u i1 L.� BK 10285 PG 173 EXHIBrr C DESC$n'inOIq O# UNYM Building No1 Unit No. No. Roonie • Approx. Sq. Ft l Location Proportionate Interest (%) for Units 2 101 4 1,154 Fust Floor 1.081446% 2 102 4 1,159 First Floor 1.081446% 2 103 3 860 First Floor 0.844880% 2 104 3 852 First Floor 0.841501% 2 105 3 856 First Floor 0.841501% 2 106 4 1,077 1 First Floor 1.081446% 2 107 3 852 First Floor 0.844880% 2 108 4 1,077 First Floor 1.081446% 2 109 3 855 First Floor 0.841501% 2 110 3 852 First Floor 0.841501% 2 111 3 859 First Floor 0.844880% 2 112 4 1,159 1 First Floor 1.081446% 2 113 4 1,152 First Floor 1.081446% 2 201 4 1,116 Second Floor 1.081446% 2 202 4 1,117 Second Floor 1.081446% 2 203 4 1,039 Second Floor 0.919229% 2 204 4 1,259 Second Floor 1.081446% 2 205 3 814 Second Floor 0.844880% 2 206 4 1,035 Second Floor 0.919229% 2 207 3 857 Second Floor 0.841501% 2 208 4 1,036 Second Floor 1.081446% 2 209 3 813 Second Floor 0.844880% 2 210 4 1,261 Second Floor 1.081446% 2 211 4 1,032 Second Floor 0.919229% 2 212 4 1,117 Second Floor 1.081446% 2 213 4 1,118 Second Floor 1.081446% 2 301 4 1,121 Third Floor 1.081446% 2 302 4 1,118 Third Floor 1.081446% 2 303 4 1,043 Third Floor 0.919229 % 2 304 4 1,267 Third Floor 1.081446% 2 305 4 1,257 Third Floor 1.081446% As shown on the Condominium Site Plan. The post office address for: (i) Building 2 is 2 Harvest Drive, North Andover, MA 01845, (ii) Building 6 is 601-612 Alder Way, North Andover, MA 01845; (1i) Building 3 is 3 Harvest Drive, North Andover, MA 01845; (iv) Building 9 is 901-906 Alder Way, North Andover, MA 01845 2 Closets, Mechanical Closets, Mechanical Rooms, Bathrooms, Balconies and Decks are not included in the number of rooms in the column headed "No. Rooms". 3 The approximate area of the Unit in square feet set forth above does not include any balcony or deck. (K03279512) 5 BK 10285 --PG 1 74 2 306 4 1,031 Third Floor 0.919229% 2 307 4 1,257 Third Floor 1.081446% 2 308 4 1,038 Third Floor 1.081446% 2 309 4 1,035 Third Floor 1.081446% 2 310 4 1,264 Third Floor 1.081446% 2 311 4 1,117 Third Floor 0.919229% 2 312 4 1,121 Third Floor 1.081446% 6 601 6 1,912 First, Second, Third Floors 1.081446% 6 602 5 1,911 First, Second, Third Floors', 1.081446% 6 603 5 1,904 First, Second, Third Floors 1.081446% 6 604 6 1,919 First, Second, Third Floors 0.841501% 6 605 6 2,044 First, Second, Third Floors 0.841501% 6 606 6 1,916 First, Second, rm:.A rn....... tuuu 1'A"Am IA ftl�6% +.w.++ 6 607 5 1,909 First, Second, Third Floors 0.844880% 6 608 5 1,911 First, Second, Third Floors 1.081446% 6 609 5 1,905 First, Second, Third Floors 0.841501% 6 610 5 1,911 First, Second, Third Floors 0.841501% b 611 6 1,908 First, Second, Third Floors 1.081446% 6 612 7 1,905 First and Second Floors 1.08144696 3 101- 4 1,149 First Floor 1.081446% 3 102 4 1,155 First Floor 1.081446% 3 103 4 1,054 First Floor 1.081446% 3 104 3 859 t First Floor 0.919229% 3 105 3 850 1 First Floor 1.081446% 3 106 4 1,080 First Floor 0.844880% 3 107 3 847 First Floor 0.919229% 3 108 4 1,079 First Floor 0.841501% 3 109 3 854 First Floor 1.081446% 3 110 3 858 First Floor 0.844880% 3 111 4 1,051 First Floor 1.081446% 3 112 4 1 1,150 First Floor 0.919229% (KO3279st.2) 6 BK 10285 PG 175 3 113 4 1,152 First Floor 1.081446% 3 201 4 1,116 Second Floor 1.081446% 3 202 4 1,114 Second Floor 1.081446% 3 203 4 1,029 Second Floor 1.081446% 3 204 4 1,264 Second Floor 0.91922996 3 205 3 809 Second Floor 1.081446% 3 206 4 1,034 Second Floor 1.081446% 3 207 3 848 Second Floor 0.919229% 3 208 4 1,035 Second Floor 1.081446% 3 209 3 806 Second Floor 1.081446% 3 210 477 1,264 Sec6pd Floor 1.081446% 3 211 4 1,026 Second Floor 1.081446% 3 1 212 4 1,115 Second Floor 1.081446% 3 213 4 1,111 Second Floor 1.081446% 3 301 4 1,112 Third Floor 1.419398% 3 302 4 1,114 Third Floor 1.419398% 3 303 4 1,030 Third Floor 1.419398% 3 304 4 1,267 Third Floor 1.419399% n �nr J�/J A Y 1 ")A4 L,LT✓ ..i ,hkd floor 1 A10202W- 1.A17J7V /v 3 306 4 1,058 Third Floor 1.419398% 3 307 4 1,243 Third Floor 1.419398% 3 308 4 1,042 Third Floor 1.003717 % 3 309 4 1,028 Third Floor 1.419398% 3 310 4 1,270 Third Floor 1.003717% 3 311 4 1,107 Third Floor 1.419398% 3 312 4 1,120 Third Floor 1.419398% 9 901 6 1,896 First, Second, Third Floors 1.419398% 9 902 5 1,918 First, Second, Third Floors 1.003717% 9 903 6 1,912 First, Second, Third Floors 1.419398% 9 904 6 1,912 First, Second, Third Floors 1.419398% 9 905 5 1,916 First, Second, Third Floors 1.003717% 9 906 7 1,905 First and Second Floors 1.419398% Immediate common areas to which each Unit has access are the common hallways or Building exterior, as shown on the Floor Plans. M327951.2) 7 r, BK 10356 PG 32 LJ FOURTH AMENDMENT TO MASTER DEED OF OAE RIDGE VILLAGE - MAPLEWOOD RESERVE U ADDITION OF PHASE 5 n (BUILDINGS 10, 11, 12,13,14 and 15) u f, VALLEY REALTY DEVELOPMENT, LLC, a Massachusetts limited liability company `J with a place of business at 231 Sutton Street, North Andover, Massachusetts 01845 being the Declarant under a Master Deed dated March 14, 2006 and recorded with Essex North District n Registry of Deeds (the "Regi ") at Book 10082, Page l\as amended by First Amendment to Master Deed dated April 13, 2006 and recorded with the Registry at Book 10128, Page 127 and Second Amendment to Master Deed dated April 19, 2006 and recorded with .the Registry at f-1 Book 10140, Page 147 and Third Amendment to Master Deed dated June 30, 2006 and recorded with the Registry at Book 10285, Page 169 (the "Master Deed"), pursuant to the rights reserved `-' in paragraph 18 of the Master Deed to amend the Master Deed to add .additional phases, does n hereby amend the Master Deed to add Phase Five (Buildings 10, 11, 12, 13, 14 and 15) to the . Condominium. Capitalized terms used but not defined in this Amendment shall have the same u defi ritions given to them as in the Master heed, n 1. Phase Five consists of (i) Building 10 containing nine (9) Garages; (ii) Buildin 11 Lj containing six (6) Townhouse Units; (iii) Building 12 containing six (6) Garages; (iv) BuiFding 13 containing six (6) Townhouse Units and three (3) Garages; (v) Building 14 containing fiy :(59 In Townhouse Units and four (4) Garages; and (v) Building 15 containing three (3) Towouse�-, L, Units and three (3) Garages. w G r( 2. The Master Deed is hereby amended as follows: -to — (a) Paragraph 5 of the Master Deed is hereby amended by substituting roe " n Condominium Plan described therein with a certain plan entitled "Condom' n4tjm Cr L Site Plan - Addition of Phase V, Oakridge Village / Maplewood Reserve, North Andover, Mass. Drawn for Valley Realty Development, LLC", Dated: August 16, 200 � Me ' ack Engineering Services and recorded with the Registry as Plan No. o N n (b) The Townhouse Units and Garages for Phase 5 (Buildings 10, 11, 12, 13, 14 and J 15) are shown on the plans entitled "Condominium Floor Plans, Phase V o `-' Buildings 10, 11, 12, 13, 14 & 15, Oakridge Village / Maplewood Reserve, North o f-1 Andover, Mass." dated August 16, 2006, containing Sheets 1 through 4, prepared by Merrimack Engineering Services in acco;dance th Section 8(f) of the Act L' and recorded with the Registry as Plan No. II , and the Floor Plans, described in Paragraph 6 (a) of the Master Deed, are hereby amended to include M the above-described plans. ' 1 Return to: 1J RobertEsquire Eckert amans h "in & Mellott, LL6; One Int e ational lace Boston, M 0211 i� L� (K0329999.2) BK 10356 FU 33 (c) Paragraph 7 (b) (v) of the Master Deed is hereby amended to include within the quotation marks the following "I Story Community Building #5, #5 Harvest Drive". (d) Exhibit B to the Master Deed is hereby amended by deleting the existing Exhibit •B and substituting it with the Exhibit B attached hereto and made a part hereof. (e) Exhibit C to the Master Deed is hereby amended by deleting the existing Exhibit C and substituting it with the Exhibit C attached hereto and made a part hereof. 3. ,.,Giving of ect to the foregoing,. Phase 5 (Buildings 10, 11, 12, 13, 14 and f5) is hereby added to the Condominium. 4. Except as hereby amended, the Master Deed is ratified and confirmed in all respects. IN WITNESS WHEREOF, the said Valley Realty Development, LLC has caused these presents to be executed this / to day of August, 2006. . Signatures on next page. (K0329998.2) 2 n u n i� ►.-j n u BK 10356 PG 34 VALLEY REALTY DEVELOPMENT, LLC COMMONWEALTH OF MASSACHUSETTS County of Essex, ss On this /% day of August, 2006, before me, the undersigned notary public, personally appeared Louis P. Minicucci, Jr., proved to me through satisfactory evidence of identification, which is that he is known to me for a period of time to establish beyond doubt that he has the identity claimed, to be the person whose name is signed on the preceding or attached doc ent, and acknowledged to me that he signed it voluntarily for its stated purpose, X I Ian ger of 14-11e ealty Development, LLC, My Commission Expires: J PENNIE,IEAN DRAGON Notary Public Commonweft of Massaouseb MY Commisslon EvIree July21, 2011 n U F" LI n �u f K0329999.1) 3 n n U n E= Big: 10356 PG 35 v DESCRIPTION OF BUILDINGS r_1 There are thirteen (13) Buildings on the Land described in Exhibit A to this Master Li Deed contained in phases 1, 2, 3, 4 and 5 of the Condominium. Said Buildings are described as follows: u1. A one (1) story community building containing an indoor swimming pool, shown on the Condominium Site Plan as "I Story Community Build \g #5, #5 Harvest Drive". n ` ``' 2. A three (3) story building consisting of thirty eight (38) residential Units shown on the Condominium Site Plan as "3 Story 38 Unit Building # 2, #2 Harvest Drive". Said �--y building contains Units 101 through 312. 3. A two and one-half (2 1/2) story building consisting of twelve (12) residential n Townhouse Units and one (1) Garage shown on the Condominium Site Plan as "2 1/2 Story 12 u Unit Building #6 601-612 Alder Way". Said building contains Units 601 through 612. n 4. A one (1) story building consisting of five (5) Garages shown on the u Condominium Site Plan as "1 Story 5 Car Garage Building # 7". r_1 5. A one (1) story building consisting of six (6) Garages shown on the u Condominium Site Plan as "1 Story 6 Car Garage Building # 8". n 6. A three (3) story building consisting of thirty eight (38) residential Units and forty (40) Indoor Parking Spaces, shown on the Condominium Site Plan as "3 Story 38 Unit Lj Building # 3, #3 Harvest Drive". Said building contains Units 101 through 312. r 7. A two and one-half (2 1/2) story building consisting of six (6) residential Townhouse Units and one (1) Garage shown on the Condominium Site Plan as "2 1/2 Story 6 n Unit Building #9 901-906 Alder Way". Said building contains Units 901 through 906. i_..,' 8. A one (1) story building consisting of nine (9) Garages shown on the n Condominium Site Plan as " 1 Story 9 Car Garage Building # 10". 9. A two and one-half (2 1/2) story building consisting of six (6) residential Townhouse Units shown on the Condominium Site Plan as "2 1/2 Story 6 Unit Building #11 1101-1106 Acorn Drive". Said building contains Units 1101 through 1106. 10. A one (1) story building consisting of six (6) Garages shown on the Condominium Site Plan as " 1 Story 6 Car Garage Building # 12". . 11. A two and one-half (2 1/2) story building consisting of six (6) residential Townhouse Units and three (3) Garages shown on the Condominium Site Plan as "2 1/2 Story 6 {K0329998.2) 4 BK 10356 PG 36 Unit Building #13 1301-1306 Basswood Circle". Said building contains Units 1301 through 1306. 12. A two and one-half (2 1/2) story building consisting of five (5) residential Townhouse Units and four (4) Garages shown on the Condominium Site Plan as "2 1/2 Story 6 Unit Building #14 1401-1405 Basswood Circle". Said building contains Units 1401 through 1405. 13. A two and one-half (2 1/2) story building consisting of three (3) residential Townhouse Units and three (3) Garages shownQn the Condominium Site Plan as "2 1/2 Story 6 Unit Building #15 1501-1503,Basswood Circle". Said building contains Units 1501 through 1503. fK0329998.2) 5 BK 10356 PG 37 Mum C DESCRIPTION OF UMTS Building No.' Unit No. No. Rooms2 Approx Sq. Ft.3 Location Proportionate Interest (%) for Units 2 101 4 1,154 First Floor 0.859014% 2 102 4 1,159 First Floor 0.859014% 2 103 3 860 First Floor 0.671105% 2 104 3 852` First Floor 0.668420% 2 105 3 856 First Floor 0.668420% 2 106 4 1,077 First Floor 0.859014% 2 107 3 852 First Floor 0.671105% 2 108 4 1,077 First Floor 0.859014% 2 109 3 855 First Floor 0.668420% 2 110 3 852 First Floor 0.668420% • 2 111 3 859 Fir tenor 0.671105% 2 112 4 1,159 First Floor 0.859014% 2 113 4 1,152 First Floor 0.859014% 2 201 4 1,116 Second Floor 0.859014% 2 202 4 1,117 Second Floor 0.859014% 2 203 4 1,039 Second Floor 0.730162% 2 204 4 1,259 Second Floor 0.859014% 2 205 3 814 Second Floor 0.671105% 2 206 4 1,035 Second Floor 0.730162% 2 207 3 857 Second Floor 0.668420% 2 208 4 1,036 Second Floor 0.859014% 2 209 3 813 Second Floor 0.671105% 2 210 4 1,261 Second Floor 0.859014% 2 211 4 1,032 Second Floor 0.730162% 2 212 4 1,117 Second Floor 0.859014% 2 213 4 1,118 Second Floor 0.859014% 2 301 4 1,121 Third Floor 0.859014% 2 302 4 1 1,118 Third Floor 0.859014% ' As shown on the Condominium Site Plan. The post office address for: (i) Building 2 is 2 Harvest Drive, North Andover, MA 01845; (ii) Building 6 is 601-612 Alder Way, North Andover, MA 01845; (iii) Building 3 is 3 Harvest Drive, North Andover, MA 01845; (iv) Building 9 is 901-906 Alder Way, North Andover, MA- 01845; (v) Building 11 is 1101-1106 Acorn Drive, North Andover, MA 01845; (vi) Building 13 is 1301-1306 Basswood Circle, North Andover, MA 01845; (vii) Building 14 is 1401-1405 Basswood Circle, North Andover, MA 01845; (viii) Building 15 is 1501-1503 Basswood Circle, North Andover, MA . Z Closets, Mechanical Closets, Mechanical Rooms, Bathrooms, Balconies and Decks are not included in the number of rooms in the column headed "No. Rooms". 3 The approximate area of the Unit in square feet set forth above does not include any balcony or deck. (K0329998.2) 6 BK 10356 PG 38 2 2 2 2 2 2 2 2 2 2 6 303 304 305 306 307 308 309 310 311 312 601 4 4 4 4 4 4 4 4 4 4 , 6 1,043 1,267 1,257 1,031 1,257 1,038 1,035 1,264 1,117 1,121 1,912 Third Floor Third Floor Third Floor Third Floor Third Floor Third Floor Third Floor Third Floor Third Floor Third Floor First, Second, 0.730162% 0.859014% 0.859014% 0.730162% 0.859014 % 0.859014% 0.859014 % 0.859014% 0.730162% 0.859014 6 602 5 1,911 Third Floors First, Second, 1.127456% 6 - 603 5 1,904 Third Floors First, Second, 1.127456% 6 604 6 1,919 Third Floors First, Second, 1.127456% 6 605 6 2,044 Third Floors _ First, Second, 1.127456% 6 606 6 1,916 Third Floors First, Second, 1.127456% 6 607 5 1,909 Third Floors First, Second, 1.127456% 6 608 5 1,911 Third Floors First, Second, 1.127456% 6 609 5 1,905 Third Floors First, Second, 0.797273% 6 610 5 1,911 Third. Floors First, Second, 1.127456% 6 611 6 1,908 Third Floors First, Second, 0.797273% 6 612 7 1,905 Third Floors First and Second 1.127456% 3 3 3 3 3 3 3 3 3 101 102 103 104 105 106 107 108 109 4 4 4 3 3 4 3 4 3 1,149 1,155 1,054 859 850 1,080 847 E, 079 854 Floors First Floor First Floor First Floor First Floor First Floor First Floor First Floor First Floor First Floor 1.127456% 0.859014% 0.859014% 0.859014% 0.668420% 0.668420 % 0.859014% 0.671105% 0.859014% -0.668426% (K0329998.2) 7 n L BK 10356 FSG 39 3 110 3 858 First Floor 0.668420% 3 111 4 1,051 First Floor 0.859014% 3 112 4 1,150 First Floor 0.859014% 3 113 4 1,152 First Floor 0.859014% 3 201 4 1,116 Second Floor 0.859014% 3 202 4 1,114 • Second Floor 0.859014% 3 203 4 1,029 Second Floor 0.730162% 3 204 4 1,264 Second Floor 0.859014% 3 205 3 809 Second Floor 0.671105% 3 206 4 1,034 econd Floor 0.730162% 3 207 3 848 Second Floor 0.668420% 3 208 4 1,035 Second Floor 0.859014% 3 209 3 806 Second Floor 0.671105% 3 210 4 1,264 Second Floor 0.859014% 3 211 4 1,026 Second Floor 0.730162% 3 212 4 1,115 Second Floor 0.859014% 3 213 4 1,111 Second Floor 0.859014% 3 301 4- 1,112 Third Floor 0.859014% 3 302 4 1,114 Third Floor 0.859014% 3 303 4 1,030 Third Floor 0.730162% 3 304 4 1,267 Third Floor 0.859014% 3 305 4 1,243 Third Floor 0.859014% 3 306 4 1,058 Third Floor 0.730162% 3 307 4 1,243 Third Floor 0.859014% 3 308 4 1,042 Third Floor 0.859014% 3 309 4 1,028 Third Floor 0.859014% 3 310 4 1,270 Third Floor 0.859014% 3 311 4 1,107 Third Floor 0.859014% 3 312 4 1,120 Third Floor 0.859014% 9 901 6 1,896 First, Second, Third Floors 1.127456% 9 902 5 1,918 First, Second, Third Floors 0.797273% 9 903 6 1,912 First, Second, Third Floors 1.127456% 9 904 6 1,912 First, Second, Third Floors 1.127456% 9 905 5 1,916 First, Second, Third Floors 0.797273% 9 906 7 1,905 First, Second, Third Floors 1.127456% 11 1101 6 1,636 First and Second Floors 1.127456% n u (K0329998.2) 8 n 1..s n n U BK 10356 Pis 40 11 1102 5 1,917 First, Second, Third Floors 1.127456% 11 1103 6 2E,106 First, Second, Third Floors 1.127456% 11 1104 5 1,715 First, Second, Third Floors 0.797273% 11 1105 5 1,911 First, Second, Third Floors 1.127456% 11 1106 6 1,646 First and Second Floors 1.127456% 13 1301 6 1,909 First, Second, Third Floors 1.127456% 13 1302 5 1,915 First, Second, Third Floors 0.797273% 13 1303 5 1,917 First, Second, Third Floors 1.127456% 13 1304 5 1,720 First, Second, i bird Floors 0.797273% 13 1305. 6 2,110 First, Second, Third Floors 1.127456% 13 1306 7 1,936 First and Second Floors 1.127456% 14 1401 6 2,099 First, Second, Third Floors 1.127456 14 1402 5 1,712 First, Second, Third Floors 0.797273% 14 1403 5 1,907 First, Second, Third Floors 1.127456% 14 1404 5 1,910 First, Second, Third Floors 0.797273% 14 1405 6 1,897 First, Second, Third Floors 1.127456% 15 .1501 6 1,896 First, Second, Third Floors 1.127456% 15 1502 5 1,909 First, Second, Third Floors 0.797273% 15 1503 5 1,566 First and Second Floors 1.127456% Immediate common areas to which each Unit has access are the common hallways or Building exterior, as shown on the Floor Plans. n {K0329998.2} �r 0 n u \ Bk 10443 P9137 •: �53r32 u FIFTH AMENDMENT TO MASTER DEED OF :n OAKRIDGE VILLAGE - MAPLEWOOD RESERVE ADDITION OF PHASE 6 r t (BUILDING 4N) � 10-18-2]D�Es s1 11n55u VALLEY REALTY DEVELOPMENT, LLC, a Massachusetts limited liability company . 1 with a place of business at 231 Sutton Street, North Andover, Massachusetts 01845 being the u Declarant under a Master Deed dated March 14, 2006 and recorded with Essex North District Registry of Deeds (the "Re 's ') at Book 10082, Page 1, as amended by First A>nendment to Master Deed dated April 13, 2006 and recorded with the Registry at Book 1012 Page 127, L j Second Amendment to Master Deed dated April 19, 2006 and recorded with the Registry at Book 10140, Page 147, Third Amendment to Master Deed dated June 30, 2006 and recorded r 1 with the Registry at Book 10285, Page 169 and Fourth Amendment to Master Deed dated August u 16, 2006 and recorded with the Registry at Book 10356, Page 32 (the "Master Deed"), pursuant E to the rights reserved in paragraphs 14 and 18 of the Master Deed to amend the Master Deed, including the right to add additional phases, does hereby amend the Master Deed as contained herein, including the addition of Phase Six (Building 4N) to the Condominium. Capitalized terms used but not defined in this Amendment shall have the same definitions Riven to them in the Master Deed. C"1 1. Phase 6 consists of Building 4N containing forty-one (41) Units, one hundred forty seven (147) Parking Spaces and thirty four (34) Indoor Parking Spaces. ri 2. The Master Deed is hereby amended as follows: U (a) Paragraph 5 of the Master Deed is hereby amended by deleting the existing Condominium Site Plan and substituting it with a certain plan entitled u "Condominium Site Plan — Addition of Phase VI, Oakridge Village / Maplewood Reserve, North Andover, Mass. Drawn for Valley Realty Development, LLC", } 1 Dated: October 10, 2006, by Merrimack Engineering Services and recorded with u the Registry as Plan No. 1669,0 . (b) The Units and Indoor Parking Spaces for Phase 6 (Building 4N) are shown on the plans entitled "Condominium Floor Plans, Phase VI Building 4N, Oakridge Village/Maplewood Reserve, North Andover, Mass " dated October 10, 2006, containing Sheets 1 through 8, prepared by Merrimack Engineering Services in r? accordance with Section 8(fl of the Act and recorded with the Registry as Plan u No. / 556/ , and the Floor Plans, described in Paragraph 6 (a) of the Master Deed, are hereby amended to include the above-described plans. (c) Paragraph 8 (c) of the Master Deed is amended to add at the end thereof the following: "Declarant reserves the right to amend the Floor Plans to add Storage n Facility(ies) in the area designated on the Floor Plans as "Reserved for F uturg Return to: ' Robert W. Levy, Esyuim Eckert Seamans Chefln & Mellott, LLC } One international Place Boston, MA 02110 u � {K0334468.1} u 1] M Bk 10443 Pg 138 #35302 Storage Facilities" and upon recording of such revised Floor Plans with the Registry the Storage Facility(ies) depicted thereon shall be deemed part of the Condominium and may thereafter be conveyed in accordance with the terms hereof." (d) Exhibit B to the Master Deed is hereby amended by deleting the existing Exhibit . • B and substituting it with the Ex1u'bit B attached hereto and made a part hereof. (e) Exhibit C to the Master Deed is hereby amended by deleting the existing Exhibit C and substituting it with the Exhibit C attached hereto and made a part hereof. 3. Giving effect to the foregoing, Phase 6 (Building 4N) is hereby a%ded to the Condominium_ 4. Except as hereby amended, the Master Deed is ratified and confirmed in all respects. IN WITNESS WHEREOF, the said Valley Realty Development, LLC has caused these presents to be executed this /0 day of October, 2006. Signatures on next page. (K0334469.11 2 u COM1VJLUI' WVIIPALira yr ir1A00a%,uvDr,i JLO Bk 10443 Pg 139 #35302 VALLEY REALTY DEVELOPMENT, LLC County of Essex, ss On this Id day of October, 2006, before me, the undersigned notary public, personally appeared Louis P. Minicucci, Jr., proved to me through satisfactory evidence of identification, which is that he is known to me for a period of time to establish beyond doubt that he has the identity claimed, to be the L a ��4 ,a:., . «.. moa a :.'. int, and aclmo;,;lpAerp l to mP that l,P person W hose name is jibpeu Vu uta. pr2�,a aauts Cr aN4V vu uv v signed it voluntarily for its stated purpose, as a Manager of Val y Realty Development, LLC, NOTAR UBLIC My Commission Expires: u PENNIE-JEAN DRAGON TV Nolery f Masi aCMy Co eat►h Commission ExPir 8 MY CJu►y 21 2011 Pirea �. {K0333903.1} 3 n h Bk 10443 Pg 140 #35302 EXHIBIT B DESCRIPTION OF BUILDINGS There are fourteen (14) Buildings on the Land described in Exhibit A to this Master Deed contained in phases 1, 2, 3, 4, 5 and 6 of the Condominium. Said Buildings are described as follows: 1. A one (1) story community building containing an indoor swimming pool, shown on the Condomini7i Site Plan as "1 Story Community Building #5, #5 Harvest Drive". 2. A three (3) story building consisting of thirty eight (38) residential Units shown on the Condominium Site Plan as "3 Story 38 Unit Building # 2, #2 Harvest Drive". Said building contains Units 101 through 312. 3. A two and one-half (2 1h) story building consisting of twelve (12) residential Townhouse Units and one (1) Garage shown on the Condominium Site Plan as "21h Story 12 _Unit Building #6 601-612 Alder Way". Said building contains Units 601 through 612. 4. A one (1) story building consisting of five (5) Garages shown on the Condominium Site Plan as "1 Story 5 Car Garage Building # 7". 5. A one (1) story building consisting of six (6) Garages shown on the Condominium Site Plan as "1 Story 6 Car Garage Building # 8". 6. A three (3) story building consisting of thirty eight (38) residential Units and forty (40) Indoor Parking Spaces, shown on the Condominium Site Plan as "3 Story 38 Unit Building # 3, #3 Harvest Drive". Said building contains Units 101 through 312. !� 7. A two and one-half (2 1h) story building consisting of six (6) residential Townhouse Units and one (1) Garage shown on the Condominium Site Plan as "2 'h Story 6 Unit Building #9 901-906 Alder Way". Said building contains Units 901 through 906. ,_ 8. A one (1) story building consisting of nine (9) Garages shown on the Condominium Site Plan as "1 Story 9 Car Garage Building # 10". 9. A two and one-half (21h) story building consisting of six (6) residential Townhouse Units shown on the Condominium Site Plan as "21h Story 6 Unit Building #11 n 1101-1106 Acorn Drive". Said building contains Units 1101 through 1106. `-' 10. A one (1) story building consisting of six (6) Garages shown on the Condominium Site Plan as "1 Story 6 Car Garage Building # 12". {X0334468.1} 4 n r? u n 4 Bk 10443 Pg 141 #35302 11. A two and one-half (2'A) Story building consisting of six (6) residential Townhouse Units and three (3) Garages shown on the Condominium Site Plan as "2 1h Story 6 Unit Building #13 1301-1306 Basswood Circle". Said building contains Units 1301 through 1306. -12: A two and one-half (21h) story building consisting of five (5) residential Townhouse Units and four (4) Garages shown on the Condominium Site Plan as "21h Story 6 Unit Building #141401-1405 Basswood Circle". Said building contains Units 1401 through 1405. 13. A two and one (212) story building consisting of three (3) residential Townhouse Units and three (3) Garages shown on the Condominium Site Plan as "21h Story 6 Unit Building #15 1501-1503 Basswood Circle". Said building contains Units 1501 through 1503. 14 A three (3) story building consisting of forty one (41) residential Units and thirty four (34) Indoor Parldng Spaces, shown on the Condominium Site Plan as "3 Story 41 Unit Building # 4N, #4 Harvest Drive". Said building contains Units 113 through 125, 213 through 226 and Units 313 through 326. (K0334"8.1) 5 r_j rl Bk 10443 Pg 142 #35302 E»tBrr C DncRumoN of UmTs Building No1 Unit No. No. Roome Approx. Sq. Ft a Location Proportionate Interest (%) for Units 2 101 4 1,154 First Floor 0.645969% 2 102 4 1,159 First Floor 0.645969% 2 103 3 860 First Floor 0.504663 % 2 104 3 852 First Floor 0.502644% 2 105 3 856 First Floor 0.502644% 2 106 4 1,077 First Floor 0.645969% 2 107 3 852 First Floor 0.504663% 2 108 4 1,077 First Floor 0.645969% 2 109 3 855 First Floor 0.502644% 2 _T--111 110 3 852 First Floor 0.502644% 3 859 1 First Floor 0.504663% 2 112 4 1,159 First Floor 0.645969% 2 113 4 1,152 First Floor 0.645969% 2 201 4 1,116 Second Floor —0-645969% 2 202 4 1,117 Second Floor 0.645969% 2 203 4 1,039 Second Floor 0.549073% 2 204 4 1,259 Second Floor 0.645969% 2 205 3 814 Second Floor 0.504663% 2 206 4 1,035 Second Floor 0.549073% 2 207 3 857 Second FIoor 0.502644% 2 208 4 1,036 Second Floor 0.645969% 2 209 3 813 Second Floor 0.504663% 2 210 4 1,261 Second Floor 0.645969% 2 211 4 1,032 Second Floor 0.549073% 2 212 4 1,117 Second Floor 0.645969% 2 213 4 1,118 Second Floor 0.645969% 2 301 4 1,121 Third Floor 0.64596)% i As shown on the Condominium Site Plan. The post office address for. n Building 2 is 2 Harvest Drive, North i� Andover, MA 01845; (n) Building 6 is 601-612 Alder Way, North Andover, MA 01845; (iii) Building 3 is 3 Harvest Drive, North Andover, MA 01845; (iv) Building 9 is 901-906 Alder Way, North Andover, MA 01845; (v) Building 11 is 1101-1106 Acorn Drive, North Andover, MA 01845; (vi) Building 13 is 1301-1306 Basswood �l Circle, North Andover, MA 01845; (vii) Building 14 is 1401-1405 Basswood Circle, North Andover, MA 01845; (viii) Building 15 is 1501-1503 Basswood Circle, North Andover, MA; (ix) Building 4N is 4 Harvest Drive, North Andover, MA 01845. s Closets, Mechanical Closets, Mechanical Rooms, Bathrooms, Balconies and Decks are not included in the number of rooms in the column headed `No. Rooms". The approximate area of the Unit in square feet set forth above does not include any balcony or deck. (KO334468_I) 6 M L u rl u ri U Bk 10443 Pg 143 #35302 2 302 4 1,118 Third Floor 0.645969% 2 303 4 1,043 Third Floor 0.549073% 2 304 4 1,267 Third Floor 0.645969% 2 305 4 1,257 Third Floor 0.645969% 2 306 4 1,031 Third Floor 0.549073% 2 307 4 1,257 Third Floor 0.645969% 2 308 4 1,038 ' Third Floor 0.645969% 2 309 4 1,035 Third Floor 0.645969% 2 310 4 1,264 Third Floor 0.645969% 2 311 4 1.117 Third Floor d_549m,;al. Bk 10443 Pg 144 #35302 3 109 3 854 First Floor 0.502644% 3 110 3 858 First Floor 0.502644% 3 111 4 1,051 First Floor 0.645969% 3 112 4 1,150 First Floor 0.645969% 3 113 4 1,152 First Floor 0.645969% 3 201 4 1,116 Second Floor 0.645969% 3 202 4 1,114 Second Floor 0.645969% 3 203 4 1,029 Second Floor 0.549073% 3 204 4 1,264 Second Floor 0.645969% 3 205 3 809 Second Floor 0.504663% 3 206 \, 4 1,034 Second Floor 0.549073 3 207 3 848 Second Floor 0.502644% 3 208 4 1,035 Second Floor 0.645969% 3 209 3 806 Second Floor 0.504663% 3 210 4 1,264 Second Floor 0.645969% 3 211 4 1,026 Second Floor 0.549073% 3 212 4 1,115 Second Floor 0.645969% 3 213 4 1,111 Second Floor 0.645969% 3341 4 1,112 Third Flom x.645969 % 3 302 4 1,114 Third Floor 0.645969% 3 303 4 1,030 Third Floor 0.549073% 3 304 4 1,267 Third Floor 0.645969% 3 305 4 1,243 Third Floor 0.645969% 3 306 4 1,058 Third Floor 0.549073% 3 307 4 1,243 Third Floor 0.645969% 3 308 4 1,042 Third Floor 0.645969% 3 309 4 1,028 Third Floor 0.645969% 3 310 4 1,270 Third Floor 0.645969% 3 311 4 1,107 Third Floor -0.645969% 3 312 4 1,120 Third Floor 0.645969% 9 901 6 1,896 First, Second, Third Floors 0.847834% 9 902 5 1,918 First, Second, Third Floors 0.599540% 9 903 6 1,912 First, Second, Third Floors 0.847834% 9 904 6 1,912 First, Second, Third Floors 0.847834% 9 905 5 1,916 First, Second, Third Floors 0.599540% 9 906 7 11905 First, Second, Third Floors 0.847834% 11 1101 6 1,636 First and Second 0.847834% (K0334468.1) 8 Bk 10443 Pg 145 #35302 n (033 MI) 9 Floors 11 1102 5 1,917 First, Second, Third Floors 0.847834% 11 1103 6 2,106 First, Second, Third Floors 0.847834% 11 1104 5 1,715 First, Second, Third Floors 0.599540% 11 1105 5 1,911 First, Second, Third Floors 0.847834% 11 1106 6 1,646 First and Second Floors `'., 0.847934% 13 1301 6 1,909 First, Second, Third Floors 0.847934% 13 1302 5 1,915 First, Second, Third Floors 0.599540% 13 1303 5 1,917 First, Second, Third Floors 0.847834% 13 1304 5 1,720 First, Second, Luuu VIVo1J V^.599540 % 13 1305 6 2,110 First, Second, Third Floors 0.847834% 13 1306 7 1,936 First and Second Floors 0.847834% 14 1401 6 2,099 First, Second, Third Floors 0.847834% 14 1402 5 1,712 First, Second, Third Floors 0.599540% 14 1403 5 1,907 First, Second, Third Floors 0.847834% 14 1404 5 1,910 First, Second, Third Floors 0.599540% 14 1405 6 1,897 First, Second, Third Floors 0.847834% 15 1501 6 1,896 First, Second, Third Floors 0.847834% 15 1502 5 1,909 First, Second, Third Floors 0.599540% 15 1503 5 1,566 First and Second Floors 0,847834% 4N 113 4 1,340 First Floor 0.645969% 4N 114 4 1,215 First Floor 0.645969% 4N 115 4 1,297 First Floor 0.549073% 4N 116 4 1,268 First Floor 0.549073% 4N 117 4 1,268 First Floor 0.645969% n (033 MI) 9 M n I .. Lj 'u n n Bk 10443 Pg 146 #35302 4N 118 3 860 First Floor 0.504663% 4N 119 4 1,080 First Floor 0.549073% 4N 120 4• 1,294 First Floor 0.549073% 4N 121 4 1,073 First Floor 0.645969% 4N 122 4 1,297 First Floor 0.645969% 4N 123 4 1,057 First Floor 0:549073 % , 4N 124 4 1,149 First Floor 0.645969% 4N 125 4 1,149 First Floor 0.645969% 4N 213 4 1,304 Second Floor 0.645969% N 214 2 1,369 Second Floor 0.504663% 49 215 4 1,179 Second Floor 0.645969% 4N 216 4 1,261 Second Floor 0.549073% 4N 217 4 1,230 Second Floor 0.645969% 4N 218 4 1,227 Second Floor 0.549073% 4N 219 4 1,033 Second Floor 0.549073% 4N 220 4 1,269 Second Floor 0.645969% 4N 221 4 1,033 Second Floor 0.645969% 4N 222 4 1,255 Second Floor 0.549073% 4N 223 4 1,036 Second Floor 0.645969% 4N 224 4 1,255 Second Floor 0.645969% 4N 225 4 1,112 Second Floor 0.645969% 4N 226 4 1,111 Second Floor 0.645969% 4N 313 4 1,304 Third Floor 0.645969% 4N 314 2 1,369 Third Floor 0.504663% 4N 315 4 1,179 Third Floor 0.645969% 4N 316 4 1,264 Third Floor 0.549073% 4N 317 4 1,230 Third Floor 0.549073% 4N 318 1 4 1,225 Third Floor 0.645969% 4N 319 1 4 1.034 1 Third Floor 0.5490739 d Bk..110i46L !}s 39 •r,3?i01� •--- 1X•l—�Y.—�iDOS o1 03 C §•�:t� SIXTH AMENDMENT TO MASTER DEED OF OAIUU DGE'VILLAGE — MAPLEWOOD RESERVE ADDITION OF PHASE 7 (BUILDING 4E) VALLEY REALTY DEVELOPMENT, LLC, a Massachusetts Iimited liability company with a place of business at 231 Sutton Street, North Andover, Massachusetts 01845 being the Declarant under a Master Deed dated March 14, 2006 and recorded with Essex North District Registry of Deeds (the "Re s ') at Book 10082, Page 1, as amended by First Amendment to Master Deed\dated April 13, 2006 and recorded with the Registry at Book 10128, Page 127, Second Amendment to Master Deed dated April 19, 2006 and recorded with the Registry at Book 10140, Page 147, Third Amendment to Master Deed dated June 30, 2006 and recorded with the Registry at Book 10285, Page 169, Fourth Amendment to Master Deed dated August 16, 2006 and recorded with the Registry at Book 10356, Page 32 and Fifth Amendment to Master Deed dated October 10, 2006 and recorded with the Registry at Book 10443, Page 137 (the "Master Deed"), • pursuant to - the - rights reserved in paragraph 18 of the Master Deed to amend the Master Deed to add additional phases, does hereby amend the Master Deed to add Phase Seven (Building 4E) to the Condominium. Capitalized terms used but not defined in this Amendment shall have the same definitions given to them in the Master Deed. 1. Phase 7 consists of Building 4E containing thirty-six (36) Units and ninety eight (98) Indoor Parking Spaces. 2. The Master Deed is hereby amended as follows: (a) Paragraph 5 of the Master Deed is hereby amended by deleting the existing Condominium Site Plan and substituting it with a certain plan entitled "Condominium Site Plan — Addition of Phase VII, Oakridge Village / Maplewood Reserve, North Andover, Mass. Drawn for Valley Realty Development, LLC", Dated: October 23, 2006, by Merrimack Engineering Services and recorded with the Registry as Plan No. j g:7 (b) The Units and Indoor Parking Spaces for Phase 7 (Building 4E) are shown on the plans entitled "Condominium Floor Plans, Phase VII Building 4E, Oakridge Village/Maplewood Reserve, North Andover, Mass" dated October 23,- 2006, containing Sheets 1 through 9, prepared by Merrimack Engineering Services in accordance with Section 8(f) of the Act and recorded with the Registry as Plan No. 561 - and the Floor Plans, described in Paragraph 6 (a) of the Master Deed, are hereby amended to include the above-described plans. (c) Exhibit B to the Master Deed is hereby amended by deleting the existing Exhibit B and substituting it with the Exhibit B attached hereto and made a part hereof Return to: Robert W. Levy, Esquire Eckert Seamans Cheiin & Mellott, LLC One International Place Boston, MA 02110 (K0335261.1) Bk 10468 Pg 40 #37017 (d) Exhibit C to the Master Deed is hereby amended by deleting the existing Exhibit C and substituting it with the Exhibit C attached hereto and made a part hereof. 3. Giving effect to the foregoing, Phase 7 (Building 4E) is hereby added to the Condominium. 4. Except as hereby amended, the Master Deed is ratified and confirmed in all respects. IN WITNESS WIEREOF, the said Valley Realty Development, LLC has caused these presents to be executed this o7 7—> day of October, 2006. Signatures on next page. (K0335261.1) 2 VALLEY I---- 1 P. Mini Bk 10468 Pg 41 #37017 DEVELOPMENT, LLC COMMONWEALTH OF MASSACHUSETTS County of Essex, ss On this. a3 day of October, 2006, before me, the undersigned notary public, personally appeared Louis P. Minicucci, Jr., proved to me through satisfactory evidence of identification, which is that he is known to me for a period of time to establish beyond doubt til t he has th ident+t;, claimed, t;, be the person whose name is signed on the preceding or attached do ant, and acknowledged to me that he signed it voluntarily for its stated purpo and of Vali ealty Development, LLC, PENNIE-JEAN DRAGON Notary Public Commanweah of Massachusetts 140TAR LIC My Commission Expires Juiy21, 2at1 My Commission Expires: J A1,46j, {K0335261.1) 3 n u n EXHIBIT B n u DESCRIPTION OF BUILDINGS Bk 10468 Pg 42 #37017 n There. are fourteen (14) Buildings on the Land described in Exhibit A to this Master Deed contained in phases 1, 2, 3, 4, 5, 6 and 7 of the Condominium. Salol Buildings are described as follows: 1. A one (1) story community building containing an indoor swimming pool, \ shown on the Condominium Site Plan as "1 Story Community Building #5, Harvest Drive". n u 2. A three (3) story building consisting of thirty eight (38) residential Units shown on the Condominium Site PIan as "3 Story 38 Unit Building # 2, #2 Harvest Drive". Said n building contains Units 101 through 312. u 3. A two and one-half (2 1%2) story building consisting of twelve (12) residential. n h Townhouse Units and one (1) Garage shown on the Condominium Site Plan as "2'Story 12 Unit Building #6 601-612 Alder Way". Said building contains Units 601. through 612. n 4. A one (1) story building consisting of five (5) Garages shown on the Condominium Site Plan as "1 Story 5 Car Garage Building # 7". u n 5. A one (1) story building consisting of six (6) Garages shown on the Condominium Site Plan as "l Story 6 Car Garage Building # 8". u 6. A three (3) story building consisting of thirty eight (38) residential Units and forty (40) Indoor Parking Spaces, shown on the Condominium Site Plan as "3 Story 38 Unit u Building # 3, #3 Harvest Drive". Said building contains Units 101 through 312. 7. A two and one-half (2 1/2) story building consisting of six (6) residential Townhouse Units and one (1) Garage shown on the Condominium Site Plan as "2 1h Story 6 Unit Building #9 901-906 Alder Way": Said building contains Units 901 through 906. L_, 8. A one (1) story building consisting of nine (9) Garages shown on the Condominium Site Plan as "1 Story 9 Car Garage Building # 10". n 9. A two and one-half (2 1/2) story building consisting of six (6) residential Townhouse Units shown on the Condominium Site Plan as "2 1/ Story 6 Unit Building #11 n 1101-1106 Acorn Drive". Said building contains Units 1101 through 1106. `J 10. A one (1) story building consisting of six (6) Garages shown on the n Condominium Site Plan as "l Story 6 Car Garage Building # 12". (KO335261.1) 4 n Bk 10468 Pg 43 #37017 n U 11. A two and one-half (2 1 /z) story building consisting of six (6) residential n Townhouse Units and three (3) Garages shown on the Condominium Site Plan as "21/2 Story 6 u Unit Building #13 1301-1306 Basswood Circle". Said building contains Units 1301 through 1306. n I u n n n 12. A two and one-half (2 1h) story building consisting of five (5) residential Townhouse Units and four (4) Garages shown on the Condominium Site Plan as "2 1/z Story 6 Unit Building #141401-1405 Basswood Circle". Said building contains Units 1401 through 1405. 13. A two and one-half (2 1h) story building consisting of three (3) residential Townhouse Units and three (3) Garages shown on the Condominium Site Plan as "2 lh Story 6 Unit Building #15 1501-1503 Basswood Circle". Said building contains Units 1501 through 1503. 14. A three (3) story building consisting of two sections (4N and 4E) containing a total of seventy seven (77) residential Units and one hundred thirty two (I32) Indoor Parking Spaces, 4N is shown on the Condominium Site Pian as "3 Story 41 Unit Building # 4N, #4 Harvest Drive" and 4E is shown on the Condominium Site Plan as "3 Story 36 Unit Building # 4E, #4 Harvest Drive"- Said building 4E contains Units 101 through 112, 201 through 212, and Units 301 through 312 and building 4N contains Units 113 through 125, 213 through 226 and 313 through 326. IKO135261.1) 5 Bk 10468 Pg 44 #37017 EXHIBIT C DESCRIPTION or. UNITS Building. No 1 Unit No. No. Rooms2 Approx. Sq. Ft? Location Proportionate Interest (%) for Units 2 101 4 1154 First Floor 0.529459% 2 102 4 1,159 First Floor 0.529459% 2 103 3 860 First Floor 0.4136400 2 104 3 852 First Floor 0.411986% 2 105 3 856 First Floor 0.411986% 2 106 4 1,077 First Floor 0.529459% 2 107 3 852 First Floor 0.413640% 2 108 4 1,077 First Floor 0.529459% 2 109 3 855 First Floor 0.411986% 2 110 3 852 First Floor 0.411986% 2 111 1 3 859 First Floor 0.413640% 2 112 4 1,159 First Floor 0.529459% 2 113 4 1,152 First Floor 0.529459% 2 201 4 1,116 Second Floor 0.529459% 2 202 4 1,117 Second Floor 0.529459% 2 203 4 1,039 Second Floor 0.450041% 2 204 4 1,259 Second Floor 0-529459% 2 205 3 814 Second Floor 0.413640% 2 206 4 1,035 Second Floor 0.450041% 2 207 3 857 Second Floor 0.411986% 2 208 4 1,036 Second Floor 0.529459% 2 209 3 813 Second Floor 0.413640% 2 210 4 1,261 Second Floor 0.529459% 2 211 4 1,032 Second Floor 0.460041% 2 212 4 1,117 Second Floor 0.529459% 2 213 4 . 1,118 Second Floor 0.529459% 2 301 1 4 1 1,121 Third Floor 0.529459% 1 As shown on the Condominium Site Plan. The post office address for: (i) Building 2 is 2 Harvest Drive, North Andover, MA 01845; (ii) Building 6 is 601-612 Alder Way, North Andover, MA 01845; (iii) Building 3 is 3 Harvest Drive, North Andover, MA 01845; (iv) Building 9 is 901-906 Alder Way, North Andover, MA 01845; (v) Building 11 is 1101-1106 Acorn.Drive, North Andover, MA 01845; (vii) Building 13 is 1301-1306 Basswood Circle, North Andover, MA 01845; (vii) Building 14 is 1401-1405 Basswood Circle, North Andover, MA 01845; (viii) Building 15 is 1501-1503 Basswood Circle, North Andover, MA; (ix) Building 4N and 4E is 4 Harvest Drive, North Andover, MA 01845. 1 Closets, Mechanical Closets, Mechanical Roams, Bathrooms, Balconies and Decks are not included in the number of rooms in the column headed "No. Rooms". 3 The approximate area of the Unit in square feet set forth above does not include any balcony or deck {X0335261.1) 6 n Li n u n M n v n Bk 10468 Pg 45 #37017 2 302 4 1,118 Third Floor 0.529459% 2 303 4 1,043 Third Floor 0.450041% 2 304 4 1,267 Third Floor 0.529459% 2 305 4 1,257 Third Floor 0.529459% 2 306 4 1,031 Third Floor ---0.450041% 2 307 4 1,257 Third Floor 0.529459% 2 308 4 1,038 Third Floor 0.529459% 2 309 4 1,035 Third Floor 0.529459% 2 310 4 1,264 Thud Floor 0.529459% 2 311 4 1,117 Third floor 0.450041% 2 312 4 1,121 Third Floor 0.529459% 6 601 6 1,912 First, Second, Third Floors 0.694916% 6 602 5 1,911 First, Second, Third Floors 0.694916% 6 603 5 1,904 First, Second, Third Floors 0.694916% 6 604 6 1,919 First, Second, Third Floors 0.694916% b 605 6 2,044 First, Second, Third Floors 0.694916% 6 606 6 1,916 First, Second, Third Floors 0.694916% b 607 5 1,909 First, Second, Third Floors 0.694916% 6 608 5 1,911 First, Second, Third Floors 0.491405% 6 609 5 1,905 First, Second, Third Floors 0.694916% 6 610 5 1,911 First, Second, Third Floors 0.491405% 6 611 6 1,908 First, Second, Third Floors 0.694916% 6 612 7 1,905 First and Second Floors 0.694916% 3 101 4 1,149 First Floor 0.529459% 3 102 4 1,155 First Floor 0.529459% 3 103 4 1,054 First Floor 0.529459% 3 104 3 859 First Floor 0.411986% 3 105 3 850 First FIoor 0.411986% 3 106 4 1,080 First Floor 0.529459% 3 107 3 847 First Floor 0.413640% 3 108 4 1,079 First Floor 0.529459% (K0335261.11 7 n L E Bk 10468 Pg 46 #3701.7 3 109 3 854 Fust Floor 0.411986% 3 110 3 858 First Floor 0.411986% 3 111 4 1,051 First Floor 0.529459% 3 112 4 1,150 First Floor 0.529459% 3 113 4 1,152 First Floor 0.529459% 3 201 4 1,116 Second Floor 0.5,29459% 3 202 4 1,114 Second Floor 0.529459% 3 203 4 1,029 Second Floor 0.450041% 3 204 4 1,264 Second Floor 0.529459% 3 205 3 809 Second Floor 0.413 40% 3 206 4 l,"034 Second Floor 0.450041% 3 207 3 848 Second Floor 0.411986% 3 208 4 1,035 Second Floor. 0.529459% 3 209 3 806 Second Floor 0.413640% 3 210 4 1,264 Second Floor 0.529459% 3 211 4 1,026 Second Floor 0.450041% 3 212 41,115 Second Floor 0.529459% 3 213 4 1,111 Second Floor 0.529459% 3 301 4 1,112 Third Floor 0.529459% 3 302 4 1,114 Third Floor 0.529459% 3 303 4 1,030 Third Floor 0.450041% 3 304 4 1,267 Third Floor 0.529459% 3 305 4 1,243 Third Floor 0.529459% 3 306 4 1,058 Third Floor 0.450041% 3 307 4 1,243 Third Floor 0.529459% 3 308 4 1,042 Third Floor 0.529459% 3 309 4 1,028 Third Floor 0.529459% 3 310 4 1,270 Third Floor 0.529459% 3 311 4 1,107 Third Floor 0.529459% 3 312 4 1,120 Third Floor 0.529459% 9 901 6 1,896 First, Second, Third Floors 0.694916% 9 902 5 1,918 First, Second, Third Floors 0.491405% 9 903 6 1,912 First, Second, Third Floors 0.694916% 9 904 6 1,912 First, Second, Third Floors 0.694916% 9 905 5 1,916 First, Second, Third Floors 0.491405% 9 906 7 1,905 First, Second, Third Floors 0.694916% 11 1101 6 1,636 1 First and Second 0.694916% (KO335261-1) 8 Bk 10468 Pg 47 #37017 !-1 u {X0335261.1) 9 Floors 11 1102 5 1,917 First, Second, Third Floors 0.694916% 11 1103 6 2,106 First, Second, Third Floors 0.694916% 11 1104 5 1,715 First, Second, Third Floors 0.491405% 11 1105 5 1,911 First, Second, Thud Floors 0.694916% 11 1106 6 1,646 First and Second Floors 0.694916% 13 1301 6 1,909 First, Second, Third Floors 0.694916% 13 1302 5 1,915 First, Second, Third Floors 0.491405% 13 1303 5 1,917 First, Second, Third Floors 0.694916% 13 1304 5 1,720 First, Second, I bird Floors 0.491405% 13 1305 6 2, I10 First, Second, Third Floors 0.694916% 13 1306 7 1,936 First and Second Floors 0.694916% 14 1401 6 2,099 First, Second, 7 Thud Floors 0.694916% 14 1402 5 1,712 First, Second, Third Floors 0.491405% 14 1403 5 1,907 First, Second, Third Floors 0.694916% 14 1404 5 1,910 First, Second, Third Floors 0.491405% 14 1405 6 1,897 Fust, Second, Third Floors 0.694916% 15 1501 6 1,896 First, Second, Thud Floors 0.694916% 15 1502 5 1,909 Fust, Second, Third Floors 0.491405% 15 1503 5 1,566 First and Second Floors 0.694916% 4E 101 4 1,146 First Floor 0.529459V. - 4E 102 4 1,151 First Floor 0.529459% 4E 103 4 1,058 First Floor 0.450041% 4E 104 4 1,295 First Floor 0.529459% 4E 105 4 1,073 First Floor 0.529459% !-1 u {X0335261.1) 9 n Li n i Bk 10468 Pg 48 #37017 4E 106 4 1,297 First Floor 0.450041% 4E 107 4 1,074 First Floor 0.529459% 4E 108 3 856 First Floor 0.411986% 4E 109 4 1,296 First Floor 0.529459% 4E 110 4 1,293 First Floor 0.529459% 4E ill' 4 1,292 First Floor 0.529459% 4E 112 3 816 First Floor 0.411986% 4N 113 4 1,340 First Floor 0.529459% 4N 114 4 1,215 First Floor 0.529459% 4N 115 4 1,297 FN'$t Floor 0.4500,41 % 4N 116 4 1,268 E1,268 Firs Floor 0.450041 4N 117 4 First Floor 0.529459% 4N 118 3 860 First Floor 0.413640% 4N 119 4 1,080 First Floor 0.450041% 4N 120 4 1,294 First Floor 0.450041% 4N 121 4 1,073 First Floor 0.529459% 4N 122 4 1,297 First Floor 0.529459% 4N 123 4 1,057 First Floor 0.450041% 41-T 124 - 4 1,149 First Floor 0.529459% 4N 125 4 1,149 First Floor 0.529459% 4E 201 4 1,108 Second Floor 0.529459% 4E 202 4 1,113 Second Floor 0.529459% 4E 203 4 1,020 Second Floor 0.529459% 4E 204 4 1,253 Second Floor 0.529459% 4E 205 4 1,035 Second FIoor 0.450041% 4E 206 4 1,255 Second Floor -0.450041% 4E 207 4 1,035 Second Floor 0.529459% 4E 208 4 1,271 Second Floor 0.529459%- 4E 209 4 1,255 Second FIoor 0.450041% 4E 210 4 1,256 Second Floor 0.529459% 4E 211 4 1,255 Second Floor 0.529459% 4E 212 3 738 Second Floor 0.411986% 4N 213 4 1,304 Second Floor 0.529459% 4N 214 2 1,369 Second Floor 0.413640% 4N 215 4 1,179 Second Floor 0.529459% 4N 216 4 1,261 Second Floor 0.450041% 4N 217 4 1,230 Second Floor 0.529459% 4N 218 4 1,227 Second Floor 0.450041% 4N 219 4 1,033 Second Floor 0.450041 % 4N 220 4 1,269 Second Floor 0.529459% 4N 221 4 1,033 Second Floor 0.529459% 4N 222 4 1,255 Second Floor 0.450041 4N 223 4 1,036 Second Floor 0.529459% u {K0335261.1} 10 Bk 10468 Pg 49 #37017 4N 224 4 1,255 Second Floor 0.529459% 4N 225 4 1,112 Second Floor 0.529459% 4N 226 4 1,111 Second Floor 0.529459% 4E 301 4 11110 Third Floor 0.529459% 4E 1 302 4 1,110 Third Floor 0.529459% 4E 303 4 1,020 Third Floor 0.450041% 4$ 304 4 1,259 Third Floor 0.529459% 4E 305 4 1,035 Third Floor 0.529459% 4E 306 4 1,259 Third Floor 0.529459% 4E 307 4 1,043 Third Floor 0.450041 % 4E 308 4 1,271 Third Floor 0.529459% 4E 309 4 1,255 Third Floor 0.529459% 4E 310 4 1,256 Third Floor 0.529459% 4E 311 4 1,254 Third Floor 0.529459% 4E 312 3 741 Third Floor 0.413640% 4N 313 4 1,304 Third Floor 0.529459% 4N 314 2 1,369 Third Floor 0.413640% 4N 315 4 1,179Third Floor 0.529459% 4N 3i6 4 1,264 Third Floor 0.450041% 4N 317 4 1,230 Third Floor 0.450041% 4N 318 4 1,225 Third Floor 0.529459% 4N 319 4 1,034 Third Floor 0.450041 % 4N 320 4 1,269 Third Floor 0.529459% 4N 321 4 1,034 Third Floor 0.529459% 4N 322 4 1,260 Third Floor 0.529459% 4N 323 4 1,037 Third Floor 0.450041% 4N 324 4 1,258 Third Floor 0.529459% 4N 325 4 1,112 Third Floor 0.529450% 4N 326 4 1,112 Third Floor 0.529459% Immediate common areas to which each Unit has access are the common hallways or Building exterior, as shown on the Floor Plans. (Ko335261.1) 1 i B.i: 1113667 P:o2g1 71360 03-14-2007 & 03=58P SEVENTH AMENDMENT TO MASTER DEED OF OAI{RMGE VILLAGE — MA)PLEWOOD RESERVE ADDITION OF PARSE 8 (BUILDING 1) VALLEY REALTY DEVELOPMENT, LLC; a Massachusettslimited liability company with a place of business at 231 Sutton Street, North Andover, Massachusetts 01845 being the Declarant under a Master Deed dated March 14, 2006 and recorded with Essex North District Registry of Deeds (the "Registry") at Book 10082, Page 1, as amended by First Amendment to Master Deed dated April 13, 2006 and recordedthe Registry at Book 10128, Page 127 (the "Hist Amendment"), Second Amendment to Deed dated April 19, 2006 and recorded with the Registry at Book 10140, Page 147, Third Amendment to Master Deed dated June 30, 2006 and recorded with the Registry at Book 10285, Page 169, Fourth Amendment to Master Deed dated August 16, 2006 and recorded with the Registry at Book 10356, Page 32, Fifth Amendment to Master Deed dated October 10, 2006 and recorded with the Registry at Book 10443, Page 137 and Sixth Amendment to Master Deed dated October 23, 2006 and recorded with the Registry at Book 10468, Page 39 (the "Master Deed"), pursuant to the rights reserved in paragraphs 14 and 18 of the Master Deed to amend the Master Deed, including the right to add additional phases, does hereby amend the Master Deed as contained herein, including the addition of Phase Eight (Building 1) to the Condominium. Capitalized terms used but not defined in this Amendment shall have the same definitions given to them in the Master Deed. 1. Phase 8 consists of Building 1 containing thirty-eight (38) Units. 2.. The Master Deed is hereby amended as follows: (a) Paragraph 5 of the Master Deed is hereby amended by deleting the existing Condominium Site Plan and substituting it with a certain plan entitled "Condominium Site Plan — Addition of Phase VIII, Oakridge Village 1 Maplewood Reserve, North Andover, Mass. Drawn for Valley Realty Development, LLC", Dated: February 16, 2007, by Merrimack Engineering Services and recorded with the Registry as Plan No. �. (b) The Units for Phase 8 (Building 1) are shown on the plans entitled "Condominium Floor Plans, Phase VIII Building 1, Oakridge Village/Maplewood Reserve, North Andover, Mass." Dated February 16, 2007, containing Sheets 1 through 3, prepared by Merrimack Engineering Services in accordance with Section 8(t) of the Act and recorded with the Registry as Plan No. ?_, and the Floor Plans, described in Paragraph 6 (a) of the Master Deed, are hereby amended to include the above-described plans. (c) Plan No. 15354 is hereby inserted as the plan number for the Floor Plans for Buildings 6, 7 and 8 of the Condominium referenced in paragraph 2 (b) of the First Amendment. . Return to: Robert W. Levy, Esquire Eckert Seamans Cherin & Mellon, LLC One htt national Place Boston, MA 02110 (K0342171.3) F1 v Bk 10667 Pg 282 #7860 (d) The Floor Plans for Phasd 1, Building 2 shown on plans entitled "Condominium Floor Plans, Phase I Building 2, Oakridge Village/Maplewood Reserve, North Andover, Mass." Dated March 13, 2006, containing Sheets 1 through 3, prepared by Merrimack Engineering Services in accordance with Section 8(f) of the Act and recorded with the Registry as Plan No. 15337 are hereby amended to correct an error in the designation of certain areas labeled as "Trash Room Common" whereas each such area was intended to be designated as a Storage Facility. Accordingly, the Floor Plans for Phase I, Building 2 are amended as follows: (i) the designation of the room contiguous to Unit 101 as "Trash Room Common" is hereby deleted and substituted with "Storage Facility A"; Q the designation of the room contiguous to Unit 106 as "Trash Room Common" is hereby deleted and substituted with "Storage Facility B% (iii) the designation of the room contiguous to Unit 203 as "Trash Room Common" is hereby deleted and substituted with "Storage Facility C"; (iv) the designation of the room contiguous to Unit 206 as "Trash Room Common" is hereby deleted and substituted with "Storage Facility D"; (v) the designation of the room contiguous to Unit 211 as "Trash Room Common" is hereby deleted and substituted with "Storage Facility E"; (vi) the designation of the room contiguous to Unit 303 as "Trash Room Common" is hereby deleted and substituted with "Storage Facility F"; (vii) the designation of the room contiguous to Unit 306 as "Trash Room Common" is hereby deleted and substituted with "Roof Access"; (viii) the designation of the room contiguous to Unit 309 as "Trash Room Common" is hereby deleted and substituted with "Storage Facility G". (e) The Floor Plans for Phase 3, Building 3 shown on plans entitled "Condominium Floor Plans, Phase III Building 3, Oakridge Village/Maplewood Reserve, North Andover, Mass." Dated April 11, 2006, containing Sheets 1 through 4, prepared by Merrimack Engineering Services in accordance with Section 8(f) of the Act and recorded with the Registry as Plan No. 15359 are hereby .amended to correct an error in the designation of certain areas labeled as "Trash Room Common" whereas each such area was intended to be designated as a Storage Facility. Accordingly, the Floor Plans for Phase III, Building 3 are amended as follows: (i) the designation of the room contiguous to Parking Space 391 as "Trash Room Common" is hereby deleted and substituted with "Storage Facility A"; (ii) the designation of the room contiguous to Unit 103 as "Trash Room Common" is hereby deleted and substituted with "Storage Facility B"; (XD342171.3) 2 Bk 10667 Pg 283 #7860 (iii) the designatioti of the room contiguous to Unit 106 as "Trash Room Common" is hereby deleted and substituted with "Storage Facility C"; (iv) the designation of the room contiguous to Unit Ill as "Trash Room Common" is hereby deleted and substituted with "Storage Facility D"; (v) the, designation of the room contiguous to Unit 203 as "Trash Room Common" is hereby deleted and substituted with "Storage Facility E"; (vi) the designation of the room contiguous to Unit 206 as "Trash Room Common" is hereby deleted and substituted with "Storage Facility F"; (vii) the designation of the room contiguous to Unit 211 as "Trash Room Common" is hereby deleted and substituted with "Storage Facility G"; (viii) the designation of the room contiguous to Unit 303 as "Trash Room Common" is hereby deleted and substituted with "Storage.Facility H"; (ix) the designation of the room contiguous to Unit 306 as "Trash Room Common" is hereby deleted and substituted with "Storage Facility I"; the designation of the room contiguous to U&L 30009 as "Trash- RV-om Common" is hereby deleted and substituted with "Storage Facility Y. (f) The Floor Plans for Phases 6 and 7, Buildings 4N and 4E shown on plans entitled "Condominium Floor Plans, Phase VII Building 4E, Oakridge Village/Maplewood Reserve, North Andover, Mass." Dated October 23, 2006, containing Sheets 1 through 9, prepared by Merrimack Engineering Services in accordance with Section 8(f) of the Act and recorded with the Registry as Plan No. 15564 are hereby amended to correct an error in the designation of certain areas labeled as "Maintenance Room" whereas each such area was intended to be designated as a Storage Facility. Accordingly, the Floor Plans for Phase VII, Building 4E and 4N are amended as follows: (i) the designation of the room contiguous to Unit 103 as "Maintenance Room" is hereby deleted and substituted. with "Storage Facility A"; (in) the designation of the room contiguous to Unit 115 as "Maintenance Room" is hereby deleted and substituted with "Storage Facility B"; (iii) the designation of the room contiguous to. Unit 123 as "Maintenance Room" is hereby deleted and substituted with "Storage Facility C"; (iv) the designation of the room contiguous to Unit 203 as "Maintenance Room" is hereby deleted and substituted with "Storage Facility D"; (v) the designation of the room contiguous to Unit 205 as "Maintenance Room" is hereby deleted and substituted with "Storage Facility E"; (vi) the designation of the room contiguous to Unit 216 as "Maintenance Room" is hereby deleted and substituted with "Storage Facility F"; (KM42171.3) 3 Bk 10667 Pg 284 07860 (vii) the designation of the room contiguous to Unit 22.1 as "Maintenance Room" is hereby deleted and substituted with "Storage Facility G"; (viii) the designation of the room contiguous to Unit 223 as "Maintenance Room" is hereby deleted and substituted with "Storage Facility H"; (ix) the designation of the room contiguous to Unit 303 as "Maintenance Room" is hereby deleted and substituted with "Storage Facility I"; (x) the designation of the room contiguous to Unit 323 as "Maintenance Room" is hereby deleted and substituted with "Storage Facility T". (g) Exhibit B to'the Maste� Deed is hereby amended by deleting the existing Exhibit B and substituting it with the Exhibit B attached hereto and made a part hereof. (h) Exhibit C to the Master Deed is hereby amended by deleting the existing Exhibit C and substituting it with the Exhibit C attached hereto and made a part hereof. 3. Giving effect to the foregoing, Phase 8 (Building 1) is hereby added to the Condominium.. 4. Except as hereby amended, the Master Deed is ratified and confirmed in all respects. IN WITNESS WBEREOF the said Valley Realty Development, LLC has caused these presents to be executed this .� day of March, 2007. Signatures on next page. tK0342171.3) 4 Bk 10667 Pg 285 07860 VALLEY REALTY DEVELOPMENT, LLC COMMONWEALTH OF MASSACHUSETTS County of Essex, ss On this /—*/' day of M1q4-2007, before me, the undersigned notary public, personally appeared Louis P. Minicucci, Jr., proved to me through satisfactory evidence of identification, which is that he is known to me for a period of time to establish beyond doubt that he has the identity claimed, to be the person ~whose -urge is signed on the preceding or attached document and acknowledged to me that he signed it voluntarily for its stated purpose, as a M r of Valle R ty Development, LLC, & PENNIE-JEAN DRAGON Notary Public 1 commonwealth atMassachusetls Ulf My Commission Expl= TARY PUB IC July 211, 20111 My Commission pines: 4d// (K0342171.1) V1 I y Bk 10667 Pg 286 #7860 EMMU B DEscRwnoN of Bunams There are fourteen (14) Buildings on the Land described in Exhibit A to this Master Deed contained in phases 1, 2, 3, 4, 5, 6, 7 and 8 of the Condominium, Said Buildings are described as follows: L A one (1) story community building containing an indoor swimming pool, shown on the Condominium Site Plan as "1 Story Community Building #5, #5 Harvest Drive". 2. A three (3) story building consisting of thirty eight (38) residential Units shown on the Condominium Site Plan as "3 Story 38 Unit Building # 2, #2 Harvest Drive". Said building contains Units 101 through 312. 3. A two and one-half (2 1h) story building consisting of twelve (12) residential Townhouse Units and one (1) Garage shown on the Condominium Site Plan as "2 1h Story 12 Unit Building #6 601-612 Alder Way". Said building contains Units 601 through 612. 4. A one (1) story building consisting of five (5) Garages shown on the Condominium Site Plan as "l Story 5 Car Garage Building # 7". 5. A one (1) story building consisting of six (6) Garages shown on the Condominium Site Plan as "1 Story 6 Car Garage Building #.8". 6. A three (3) story building consisting of thirty eight (38) residential Units and forty (40) indoor Parking Spaces, shown on the Condominium Site PIan as "3 Story 38 Unit Building # 3, #3 Harvest Drive". Said building contains Units 101 through 312. 7. A two and one-half (2 1h) story building consisting of six (6) residential Townhouse Units and one (1) Garage shown on the Condominium Site Plan as "2 1/z Story 6 Unit Building #9 901-906 Alder Way". Said building contains Units 901 through 906. 8. A .one (1) story building consisting of nine (9) Garages shown on the Condominium Site Plan as "1 Story 9 Car Garage Building # 10". 9. A two and one-half (2 1h) story building consisting of six (6) residential Townhouse Units shown on the Condominium Site Plan as "2 1h Story 6 Unit Building #11 1101-1106 Acorn Drive". Said building contains Units 1101 through 1106. 10. A one (1) story building consisting of six (6) Garages shown on the Condominium Site Plan as "l Story 6 Car Garage Building # 12". 11. A two and one-half (2 1/z) story building consisting of six (6) residential Townhouse Units and three (3) Garages shown on the Condominium Site Plan as "2 1h Story 6 Unit Building #13 1301-1306 Basswood Circle". Said building contains Units 1301 through 1306. 12. A two and one-half (2 1h) story building consisting of five (5) residential Townhouse Units and four (4) Garages shown on the Condominium Site Plan as "2 1h Story 6 (KO342171.3) 6 Bk 10667 Pg 287 #7860 Unit Building #14 1401-1405 Basswood Circle". Said building contains Units 1401 through 1405. 13. A two and one-half (2 '/a) story building consisting of three (3) residential Townhouse Units and three (3) Garages shown on the Condominium Site Plan as "2 1/2 Story 6 Unit Building #15 1501-1503 Basswood Circle". Said building contains Units 1501 through 1503. 14. A three (3) story building consisting of two sections (4N and 4E) containing a total of seventy seven (77) residential Units and eight four (84) Indoor Parking Spaces, 4N is shown on the Condominium Site Plan as "3 Story 41 Unit Building # 4N, #4 Harvest Drive" and 4E is shown on the Condominium Site Plan as "3 Story 36 Unit Building # 4E, #4 Harvest Drive". Said building 4E contains Units 101 through 112, 201 through 212, and Units 301 through 312 and building 4N contains Units 113 through 125, 213 through 226 and 313 through 326. 15. A three (3) story building consisting of thirty eight (38) residential Units, shown on the Condominium Site Plan as "3 Story 38 Unit Building # 1, #1 Harvest Drive". Said building contains Units 101 through 312. (KO342171.31 7 Bk 10667 Pg 288 #7860 E2M1 r C DESCRumoN OF UMTS Building No.' Unit No. No. RoomsZ Approx. S Ft 3 Location Proportionate Interest 2 101 4 . 1,154 First loor (%) for Units 0.44689 o 2 • 102 4--T-1-59 Fust Floor 0.446-8-9-%o- 2 103 3 860 First Floor 0.34913 0 2 104 3 852 First Floor 0.34774 F. 2 OS 3 856 First Floor 0.34774% 2 1. 4 1,077 First Flo 0.44689% 2 107 3 852 First Floo 0.34913 0 2 108 4 ,077 First Floor 0.44689 0 2 109 3 855 Fust Floor 0.34774 0 2 2 I10 111 3 3 852 trst Floor 0.34774 - 2 859 First Floor 0.34913 o 112 4 1,159 First Floor 0.446891o'- 2 113 4 1,152 Fust Floor 0,44689 0 2 201 4 1,116 Second Floor 0.44689% 2 242 4 1,117 Second Floor 0.144689Y. 2 2 203 4 1,039 Second Floor 0.37986% 204 4 1,259 Second Floor 0.44689%-- 2 205 3 814 Second Floor 0.3491-3-%- 2 206 4 1,035 Second Floor 0.37986% 2 207 3 857 Second Floor 0.34774 0 2 208 4 1,036 Second Floor 0. 689 o 2 209 3 813 Second Floor 0.3 3 0 2 2 210 4 1,261 Second Floor 0.44689% 211 4 1,032 Second Floor 0.31986 2 212 4 1,117 econd Floor 0.44689% 2 213 4 1,118 Second Floor 0.44689 -fa 2 301 4 1,121 Third Floor 0.44689% 2 302 4 1,118 Third Floor 0.44689 o 2 303 1,043 Third Floor 2 304 4 1, 7 Third Floor .37986r- 0.44689 0 2 2 305 306 4 4 1,257 d oor 0.44689% 2 307 4 1,031 1,257 Third Floor Third Floor 0.37986% 0. 89 % 2 308 4 1,038 Third Floor 0.446897 2 309 4 1,035 Third Floor 0.44689% 2 310 4 1,264 Third Floor 0.44689 0 1 As shown on the Condominium Site Plan. The post office address for: (i) Building 1 is 1 Harvest Drive, North Andover, MA 01845; (ii) Building 2 is 2 Harvest Drive, North Andover, MA 01845; (iii) Building 6 is 601-612 Alder Way, North Andover, MA 01845; (iv) Building 3 is 3 Harvest Drive, North Andover, MA 01845; (v) Building 9 is 901-906 Alder Way, North Andover, MA 01845; (vi) Building 11 is 1101-1106 Acorn Drive, North Andover, MA 01845; (vii) Building 13 is 1301-1306 Basswood Circle, North Andover, MA 01845; (viii) Building 14 is 1401-1405 Basswood Circle, North Andover, MA 01845; (ix) Building 15 is 1501-1503 Basswood Circle, North Andover, MA; (x) Building 4N and 4E is 4 Harvest Drive, North Andover, MA 01845. Z Closets, Mechanical Closets, Mechanical Rooms, Bathrooms, Balconies and Decks are not included in the number of rooms in the column headed "No. Rooms". 3 The approximate area of the Unit in square feet set forth above does not include any balcony or deck. (FM42171.3) 8 Bk 10667 Pg 289 #7860 2311 4 1,117 Third Floor 0.37986% 2 312 4 1,121 Third Floor 0.44689% 6 601 ,912 Fust, Second, Third Floors 0.58654% 6 602 5 1,911 First, Second, Thud Floors 0.58654% 6 603 5 1,904 izst, Second, Third Floor; 0.58654% 6 4 6 1,919 First, Second, Thud Floors 0.58654% 6 605 6 2,044 First, econd, Thud Floors `0.58654% 6 6066 1,91 Fust, Second, Third Floors 0.58654% 6 607 5 1,909 First, Second, Thin Floors 0.58654% 6 608 1,911 First, Second, Third Floors 0.41477% 6 609 5 1,905 First, Second, Third Floors 0.58654% 6 610 5 1,911 First, Second, Third Floors 0.41477% 6 611 6 1,908 First, Second, Third _F1 Floors 0.58654% 6 2 7 1,905 First and Second Floors 0.58654% 3 101 4 1,149 First Floor 0. 89 o 3 102 4 1,155 First Floor 0.44689% 3 103 4 1, 54 First Floor 0.44689% 3 104 3 859 First Floor 0.34774 0 3 105 3 850 First Floor 0.34774 0 3 106 1,080 First Floor 0.44689% 3 107 3 847 First FIoor 0.34913% 3 108 4 1,079 First Floor 0.446897o- 3 109 3 854 First Floor 0.34774 0 3 110 3 858 First Floor 0.34774% 3 111 4 1,051 First Floor 0.44689% 3 112 4 1,150 First Floor 0.44689% 3 113 4 1,152 First Floor 0.44689 0 3 2 4 1,11 Second Floor 0.44689% 3 202 4 1,114 Second Floor 0. 89 0 3 203 4 1,029 Second Floor 0.37986 0 3 204 4 1,2 Second Floor 0.44689% 3 205 3 809 Second Floor 0.34913 0 3 206 4. 1,034 Second Floor 0.37986% 3 207 -To -8 3 848 Second Floor 0.3477 o 3 4 1,035 . Second Floor 0.446890 3 209 3 80 Second Floor 0.34913 0 3 210 4 1,264 Second F oor 0.44689 T.-- 3 3 211 4 1,026 Second Flooz 0.3798 0 3 212 4 1,115 Second Floor 0.44689% (KO342171.3) 0 Bk 10667 Pg 290 #7660 3 213 4 1,111 Second Floor 0.44699% 3 301 4 1,112 Third Floor 0.44689% 3 302 4 1 114 Third Floor 0.44689% 3 303 4 1 030 Third Floor 0.37986 3 304 4 1,267 Third Floor 0.44689 % 3 1 305 4 1,243 Thud Floor 0.44699% 3. 306 4 1,058 Third Floor 0.37986 3 307 4 1,243 Third Floor 0.44689% 3 308 4 1,0 2 Third For 0.44689% 309 4 1,028 Thud. Floor 0.44689 0 3 310 4 1,270 Third Floor 0.44689% 3 ,"311 4 1,107 Third Floor 0.4400% 3312 4 1,120 Third Floor 0.44689% 9 901. 6 1,896 Fust, Second, Third Floors 0.58654% 9 902 5 1,918 First, Second, Third Floors 0.41477% 9 903 6 1,912 First, Second, Third Floors 0.58654% 9 904 6 1,912 First, Second, Third Floors 0.58654% 9 905 5 1,916 Fust, Second, Third Floors 0.41477% 9 906 7 1,905 First, Second, Third Floors 0.58654% 11 1101 6 1,636 First and Second Floors 0.58654% 11 1102 5 1,917 First, Second, Third Floors 0.58654% 11 1103 6 2,106 Fust, Second, Third Floors 0.41477% 11 1104 5 1,715 First, Second, Third Floors 0.58654% 11 1105 5 1,911 First, Second, Third Floors 0.58654% 11 1106 6 1,646 First and Second Floors 0.58654% 13 301 6 1,909 First, Second, Thud Floors 0.58654% 13 1302 5 1,915 First, Second, Third Floors 0.41477% 13 1303 5 1,917 Fust, Second, Third Floors 0.58654% 13 13304 5 1,720 First, Second, 'Third Floors 0.41477% 13 1305 6 2, 10 First, Second, Third Floors 0.58654% 13 1306 7 1,936 First and Second Floors 0.58654% 14 1401 6 2,099 First, Second, Third Floors 0.58654% (K0342171.3) 10 n i L-0 r'� kRT n u Bk 10667 Pg 291 #7860 14 1402 5 1;712 First, Second, Third Floors 0.41477% 14 1403 5 1,907 First; Second, Third Floors 0.58654% 14 1404 5 1,9 0 First, Second, Third FIoors 0.41477% 14 . 1405 1,897 First, Second, Third Floors 0.58654% 15 1501 1,896 First, Second, Third Floors 0.58654% 15 1502 5 1,909 Fust, Second, Third Floors 0.41477% 15 1503 5 1,56 Fust and Second Floors 0.58654% 4E 101 4 1,146 First or 0.44689% 4E 102 4 1 1,151 First Aoor 0.44689% 4E 103 4 1,058 First Moor 0.37986% 4E 104 4 7295 First Floor 0.44689%- 4E 105 4 1,073 First Floor 0.4468-9-%o-- 49- 106 4 1, First Floor 0.37986% 4E 107 4 1 074 First Floor 0.44689Fo 4E 108 3 856 First Flow 0.34774% 4E 109 4 2,296 First Floor 0.44689% 4E 110 4 1,293 1 First Floor 0.44689% 4E 111 4 1,292 0.44689% 4E 112 3 816 First loor 0.347749o' 4N 113 4 1,340 First Floor 0.46-89% 4N - 114 4 1,215 First Floor 0 -44689 -To- .44689 04N 20 115 4 ---1-72-97- First Floor 0.379867o- TN- 4N 116 117 4 4 1,268 1,268 First Floor First Floor 0.37986% 0.446897o - 4N 118 3 860 First Floor 0.3491376- 4N 119 4 1,080:d Floor 0.37986% 4N 120 4 1,294 --First 1 First Floor 0.37986% 4N 4N 4N 121 122 123 4 4 4 1,073 1,297 1,057 First Floor First Floor First Floor 0.44689% 0.44689% 0.3798 o 4N 4N 4E 124 125 201 4 4 4 1,149 1,149 1,108 First Floor Fust Floor Second Floor 0.44689% 0.44689% 0.44689% 89 4E 202 4 1,113 Second Floor Q.44689% 4E 203 4 1,020 Second Floor 0.44689% 4E 204 4 1,253 Second Floor 0.44689 to - 4E 205 4 1,035 Second Floor 0.379867o' 4E 4E 206 207 4 4 1,255 -1,63-5 Second Floor Second Floor 0.37986% 0.44689 0 4E 208 4 1,271 Second Floor 0.44689 a 4E 209 4 1,255 Second Floor 0.37986 0 210 4 1,256 Second Floor 0.44689% 4E* 211 4 .1,255 Second Floor 0.44689% 4E 212 3 738 Second Floor 0.34774 0 (KO34217I.3) 11 Bk 10667 Pg 292 *7860 4N [U342171.31 213 4 1,304 Second Floor 0.44689%- 4N- 214 2 1,369 Sicond Floor 0.34913% 4N 215 4 1,179 gecond oor 0.44689% 4N 216 4 1,261 Second Floor 0.37986% 4N 217 4 1,230 Second Floor 0.44689% 4W-- 218 4 1,227 Second Floor 0.37986% 4N 219 4 1,033 Second Floor 0.37986% 4N 220 4 1,269 7Second P oor 0.44689% 4N 221 4 1,033 Second Floor 0.44689% 4N 22 4 1,255 Second Floor 0.3799-6f.- 4N 1,036 Second Floor 0.44689% 4N 4 1,255 Second Floor 0.44689% 4N Y225 4 1,112 Second Floor 0. 8 0 N 4 1,111 Second Floor 0.446894E 4 1,110 ThirdFloor 0. 689 04E 4 1,11 Thud Floor 0.96 -897o - 4E 303 4 1,020 Third Floor 0.37986% 4E 304 4 1,259 Third Floor 0.44689% 4E - 305 4 1,035 Third Floor 0.44689% 4E 306 4 1 1,259 Third Floor 89% 4E 307 4 1,043 Third Floor 0.37986% 4F-- 3308 4 1 1,271 Third Floor 0.44689% 4E 309 4 1,255 Third Floor 0.44689 0 4E 310 4 1,256 d Floor 0-37986% 4E 311 4 1,254 Third Floor 0.44689% 4E 312. 3 741 Third Floor 0.34913% N 313 4 1,304 Thud Floor .0. 89 o 4N 314 2 1,369 Third Floor 0.34913 0 4N 315 4 1,179 Third Floor .-- 0.44689 -Y 4N 316 4 1,2 4 Third Floor 0.37986 0 4N 317 4 1,230 Third Floor 0.44689% 4N 318 4 1,225 Third Floor 0.44689% 4N 319 4 1,034 Third Floor 0.37986% N 320 4 1,269 Third Floor 0.44689% 4N 321 4 1,034 Thud Floor 0.4469 -9 -Y.' - 4N 322 4 1,260 Third Floor 0.4468 -97o - 4N 323 4 1,037 Third Floor 0,379 -86 -To - 4N 324 4 1,258 Third Floor 0.44689% 4N 32S 4 1,112 Third Floor 0.44-689% 4N 326 4 1,112 Third Floor 0.44689 0 1 101 4 1,154 First Floor 0.37986 0 1 102 4 1,156 First Floor 0.44689 0 1 103 3 855 First Floor 0.3491120 1 104 3 852 Fust Floor 0.3"477-4'% 1 105 3 852 First Floor 0.347 7-4-75- 1 10 4 1,074 First Floor 0.44 89 o 1 107 3 849 First Floor 0.34913 % 1 108 4 1,079 First Floor 0.44689 0 1 109 3 851 First Floor 0.34774 % 1 110 3 1 852 First Floor 0.34774 0 1 l li 31 857 First Floor .34913 0 0.3491-376- [U342171.3} 12 Bk 10667 Pg 293 #7860 1 Immediate 112 4 1,155 First FloorWOO.-440 113 4 1154First Floor201 41,115 Second Floor202 4 1,115 Second Floor 1 4 1,035 Second F1obr 1 204 4 1,271 Second Floor 0.44689% 1 20S 206 3 4 12 Second Floor 0.34913 7 1 207 3 1,035 Second Floor 0,44689 1 208 4 850 1,034 Second Floor Second Floor 0.3 f 7 0 0.44689 0 1 209 3 813 Second Floor 0.34913 0 1 1` 210 41,261 Second Floor 0.44689 0' 211 4 1,032 Second Floor 0.3798 1 212 41,121 Second Floor 0 0.44689% 1 1 213 4 1,118 Second Floor ----0.-4-4989% 1 301 1,120 Third Floor 0.44689% 1 302 4 1,118 Third Floor -----O.4-46-89 —V,,'-- -303 1 303 304 4 4 1,037 Third Floor 0.37986 0 1 305 4 1,263 Third Floor 0.44689 a 1 306 4 1,250 Third Floor 0.44689 o 1,034 Third Floor 0.44689 % 1 1,253 Third Floor 0.3798 0 I 308 309 4 4 1,038 Third Floor 0.44689 0 1 310 4 1,033 Third Ploor 0.44689° 1 311 4 1,2 1,117 Floor Third Floor 0.44689% Q. ? 86 1 312 4 1,121 Third Floor 0 . 689% 0.446897,,— Immediate common areas to which each Unit has access are the common hallways or Binding exterior, as shown on the Floor Plans. (KDU2171.31 13 a r �I Bk 109-11-7 P--3268 �3039:34 10-23-2007 & 01=39a i EIGHTH AMENDMENT TO MASTER DEED OF OAERIDGE VILLAGE-MAPLEWOOD RESERVE ADDITION OF STORAGE FACILITIES (BUILDING 4N) I VALLEY REALTY DEVELOPMENT, LLC, a Massachusetts limited liability company with a place of business at 231 Suttoji Street, North Andover, Massachusetts 01845 being the Declarant under a Master Deed dated March 14, 2006 and recorded with Essex North District Registry of Deeds (the "Re's ") at Book 10082, Page 1, as amended by First Amendment to Master Deed dated April 13, 2006 and recorded with the Registry at Book 10128, Page 127, Second Amendment to a�er Deed dated April 19, 2006 and recorded with the Registry at Book I 10140, Page 147, Third endment to Master Deed dated June 30, 2006 and recorded with the Registry at Book 10285, Page 169, Fourth Amendment to Master Deed dated August 16, 2006 and recorded with the Registry at Book 10356, Page 32, Fifth Amendment to Master Deed dated fl October 10, 2006 and recorded with the Registry at Book 10443, Page 137 ("Fifth Amendment"), Sixth Amendment to Master Deed dated October 23, 2006 and recorded with the Registry at Book 10468, Page 39 and Seventh Amendment to Master Deed dated March 14, 2007 and recorded with the Registry at Book 10667, Page 281 (the "Master Deed"), pursuant to the rights reserved in paragraph 8 (c) of the Master Deed, as amended by paragraph 2 (c) of the Fifth Amendment, to amend the Piaster Deed to add .storage 'Foci -tics _oess heset,y arniend taleMasterl Deeto add additional Storage Facilities to the Condominium and substitute a revised Second and Third Floor Plan of Building 4N (sheets 6 of 8 and 8 of 8). Capitalized terms used but not defined in this j Amendment shall have the same definitions given to them as in the Master Deed_ s 1. The Master Deed is hereby amended as follows: W (a) Additional Storage Facilities are located in the second and third floor of Building 4N and are shown on the plan entitled "Revised Condominium Floor Plans, Phase VI Building 4N", dated October 23, 2007, containing Sheet 1 and 2 prepared by Merrimack Engineering Services in accordance with Section 8(f) of the Act and M recorded with the Registry as Plan No. 12T and the Floor Plans, described in Paragraph 6 (a) of the Master Deed, are hereby amended by substituting the '-' above-described plan with sheets 6 of 8 and 8 of 8 of the Condominium Floor Plans recorded with the Registry as Plan No. 15551. u 2. Giving effect to the foregoing, the Storage Facilities, labeled as "Storage" and numbered 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, n 64, 65, 66, 67, 68, 69, 70 and 71, are hereby added to the Condominium. .� 3. Except as hereby amended, the Master Deed is ratified and confirmed in all respects. IN WITNESS WHEREOF, the said Valley Realty Development, LLC has caused these presents to be executed this . j day of October, 2007. Signatures on next page. Retum to: Robert W..Levy, Esquire "j Eckert Seamans Cherin & Mellott, LLC + OneIntemational Place Z/, it ! Boston, MA 02110 {K0354543.2} L-1 Bk 10947 Pg 269 #30934 VALLEY REALTY DEVELOPMENT, LLC COMMONWEALTH OF MASSACHUSETTS County of Essex, ss p th On this 19 day of October, 2007, before me, the undersigned notary public, personally appeared Louis P. Minicucci, Jr., proved to me through satisfactory evidence of identification, Snihit Cti iS fl)at In ca i5 iutGwiS t. 0- tue ivr a pcaiod of iiue to establi-st beyond do'sbt that he has the identity claimed, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose, as a Manager of Valley Realty Development, LLC, NO PUBLW My omY mission Expires: Jl STEPHEN ?A:-MANCUSO ; Noprry Public::, �i CnR:^•a::.�it�ih'p1�135sa0hu5811s M : c :i?iis5�on -311:2Expijes r d�rcti0.I (K0354543.2) 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands n � WP'A Form 5 -- order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, 540 DEP File Number: 242-1169 Provided- by DEP h A. General Information P 131 u Important: When filling FI'oln: r- out forms on North Andover the computer, Conservation Commission --- — use only -the tab key to This issuance if for (check one): move your cursor - do Order of Conditions not use the C-' return key. \ ❑ Amended Order of Conditions \ L, ol-1 To: Applicant: Property Owner (if different from Valley Realty Development Name applicant): Meadows Realty Trust Name 'u PO Box 3039 2357 Turnpike Street Mailing Address Mailing Address r, Andover MA 01810 North Andover MA. 01845 i Cityrrown State Zip Code City/Town State Z' Code Project Location: 2357 Turnpike Street (The Meadows) North Andover MA. 01845 L Street Address City/Town 108A, 108C 38,33 &39 Assessors Map/Plat Number Parcel/Lot Number L 2. Property recorded at the Registry of Deeds for. Essex North 1888 County 349 Book Page; CD u Certificate (if registered land) 3. Dates: n r i 8/30/02 1/22/03 1/22/03 0 Date Notice of Intent Filed Date Public Hearin Closed _ 9 Dale of Issuance 1 4. Final Approved Plans and Other Documents (attach additional plan references as needed): 0 - See attached Order of Conditions Title rrl Date Title u Dale Title Date 5. Final Plans and Documents Signed and Stamped by: u Steven J. Trettel n Name` U 6. Total Fee: 7,875.00 (State and Local Fee) °':= Copy rI (from Appendix B: Wetland Fee Transmittal Form) u Wp8l7m5.00e • rev. 12115100 .�„J� ly C'Ierk Page 1 of 7 n L.+ Massachusetts Department of Environmental Protection �� -- Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 -- Order ®f Conditions 242-1169 Massachusetts Wetlands Protection Act M.G.L. c. 131 40 Provided u , B. Findings BI;. pij u Findings pursuant to the Massachusetts Wetlands Protection Act: M Following the review of the above -referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: is F -j ® Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution Private Water Supply ❑ Fisheries ® Protection of Wildlife Habitat ® Groundwater Supply ® Storm Damage Prevention ® Flood Control Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes) r„ Approved subject to: ® the following conditions which are necessary, in accordance with the performance standards set forth >^ in the wetlands regulations, to protect those interests checked above. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the _ following conditions modify or differ from the plans, specifications, or other proposals submitted with rl the Notice of Intent, these conditions shall control. Denied because: r1 ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. Therefore, work on this project may not go ►—r forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe of the work on the interests identified in the Wetlands Protection Act Therefore,hwork on tr the effect may not go forward unless and until a revised Notice of Intent is submitted which provides suffic entt rl information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is u necessary is attached to this Order as per 310 CMR 10.05(6)(c). t`1 General Conditions (only applicable to approved projects) u 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify, this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. other applicable federal, state, or local statutes, ordinances, bylaws, 3. This Order does not relieve the permittee or any other person of the necessity of complying with all or regulations. v/pdam5.doc - iev. 12115100 U Papel 017 W t -y Massachusetts Department of Environmental Protection LA Bureau of Resource. Protection - Wetlands DEP File Number: n WPl�► Form 5 -Osler �f Conditions 242-„69 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP r_1 B. Findings (cont.) BK 89"11 9 PG 3 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b, the time for completion has been extended to a specified date more than three years, but less `J than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are I`? set forth.as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the\ssuing authority at least 30 days prior to the expiration date of the Order. ,_J 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, � 1 pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. u 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. r"t 8. No work shall be undertaken until the order has become final and then has been recorded In the -' Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court `-' Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, n which form must be stamped by -the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feel in size bearing the words, u "Massachusetts Department of Environmental Protection” [or, "MA DEP"j "File Number 242-1169 " n 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the `—' Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form BA) to the Conservation Commission. n 12. The work shall conform to the plans and special conditions referenced in this order. I 13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours r71 to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. u L+ WPa1C4m5-doc • iev. 12/15/00 Page 3 of 7 n u W Massachusetts Department of Environmental Protection LA Bureau of Resource Protection - Wetlandsry /�,.,1�+OEP File Number: WPA Form 5 ^ Oi der ®f Conditions 242-1169 rlMassachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) 15. This Order of Conditions shall apply to any successorin interest or successor in control of the �-+ property subject to this Order and to any contractor or other person performing work conditioned by this Order. r-` 16. Prior to the start of work, and if the project involves work adjacent to•a Bordering Vegetated Welland, -' the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a f ' Certificate of Compliance has been issued by the Conservation Commission. u \ 17. All sedimentation barriers shall be maintained in good repair until all distiurbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion conlrols on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. r�l 171 lJ r� Findings as to municipal bylaw or ordinance u Furthermore, the North Andover hereby finds (check one that applies): t—� Conservation Commission u ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: u Municipal Ordinance or Bylaw Citation 7 Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of u Conditions is issued. ® that the following additional conditions are necessary specifically: to comply with a municipal ordinance or bylaw, u North Andover Wetland Protection Bylaw Municipal Ordinance or Bylaw Chapter 178 Cilation The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above. To the extent that the following conditions -� modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. wpa1wm5.dac • rev. 12/15/00 u u 71 L Page 4 of 7 r�Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form ,5 —Order of Conditions 242-1169 LAMassachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP u B. Findings (cont.) ---..... � •: UtePG Additional conditions relating to municipal ordinance or bylaw: n See Attached u r7 L_, This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions f14, from the date of issuance. , n 1123/03 Date This Order must be signed by a majority of the Conservation Commission, The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office (see Appendix A) and the property owner (if different from applicant). n On 1d3 Of u Day Month nd Year before me personally appeared to me known to be the person described in and who executed the foregoing instrument and acknowl/).edged that he/she executed the same as his/her free act and deed. L71 fz n Notary Public My commission Expires ;J This Order is issued to the applicant as follows: ri 4 `1 l Wpaam5.doc -rev. 1711,/00 �.J I r ❑ by hand delivery on Date certified mail, return receipt requested, on Date Page 5a7 Massachusetts Department of Environmental Protection \-- 131Bureau of Resource Protection - Wetlands DEP file Number. WPA Form 5 -- Order of Conditions 242-1169 Li k i I Massachusetts Wetlands Protection Act M.G.L. c. Proviaedhy oEP , §40 C. St:. 89-119 Pik The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject u to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. rl The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in L_J 310 CMR 10.03(7) within'ten business days from the date of issuance of this Order. A co shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and of the reqto st r l the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how Protection Act, (M.G.L. c. 131, § 40) anthe Order does not contribut�to the protection of the interests identified in the Massachusetts Wetlands \ and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. D. Recording lnforrnation This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Wpalorm5.doc - rev 12/15/00 Page of? n Massachusetts Department of Environmental Protection ' �-- Bureau of Resource Protection - Wetlands DEP File Number: �1 Vti4'A Form 5 — ®oder of Conditions 242-1169 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP u 17 D. Recording Information (cont.) 9 2 t? r U r L -J Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. - -- -- ---- -- -- 17-1 To: North Andover Conservation commission Please he advised that the Order of Conditions for the Project at: 2357 Turnpike Str et (The Meadows) 242-1169 \ Project Location DEP File Number Has been recorded at the Registry of Deeds of: for, County Book Page Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: nslrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant V1pafum5.A0c - rev. 12/15/00 Page 7 of 7 n DEP NILE # 242 -1169 Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby finds that the following conditions are necessary, in accordance with the Pe'101-mance Standards set forth in the State Regulations, the Iocal Bylaw and Regulations, to protect those interests noted above. The NACC n orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the laps specifications or other proposa is n submitted with the Notice of Intent the conditions shall control. 'u n 11L- 717 GENERAL CONDITIONS n 18. Failure to comply with all conditions stated hereinand with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 21. The work authorized. hereunder shall be completed within three years from the date of this order. i 22. This Order may be extended by the issuing authority for one or more periods n of up to one year each upon application to the issuing authority at least thirty +-� days (30) prior to the expiration date of the Order (Refer to Section VIII (B)(p.33) of the North Andover Wetland Regulations). I u CAWinword%000\242-] 169 NACC 1/28/03 8 19. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect n the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR IO.QO), the North Andover Wetland ByLaw and Regulations, and may require information, any measurements, photographs, observations, and/or materials, M �, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation- Further, work shall be halted r� on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the writing. applicant in n L 20. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, n state or local statutes, ordinances, by-laws or regulations. u 21. The work authorized. hereunder shall be completed within three years from the date of this order. i 22. This Order may be extended by the issuing authority for one or more periods n of up to one year each upon application to the issuing authority at least thirty +-� days (30) prior to the expiration date of the Order (Refer to Section VIII (B)(p.33) of the North Andover Wetland Regulations). I u CAWinword%000\242-] 169 NACC 1/28/03 8 nDEP FILE # 242 - .1169 BK 3979- PGJ 23. The NACC reserves the right to amend this Order of Conditions after a Li legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 24. Where the Department of Environmental Protection (DEP) is requested to make a deters-nination and to issue a Superseding Order, the Conservation n Commission shall be a party to all agency proceedings and hearings before the Department. n4 25. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to n succeeding owners of portions of �he property. u 26. The term "Applicant" as used in this Order of Conditions shall refer to the r owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all M transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. r-) 27. The proposed work includes: Construction of a 270 unit affordable ',J housing condominium/townhouse complex, associated roadways, parking lots, utilities, stormwater management structures, grading, landscaping n activities, wetland replicatiordrestoration and buffer zone enhancement W plantings. Work will be located -within the buffer zone to bordering vegetated wetland, isolated land subject to flooding, and isolated r freshwater wetlands. The project is filed under Massachusetts General L-, Laws, Chapter 40B. n 28. The work shall conform to the following (except as noted in the remainder of LJ this document where revisions may be required): ri Notice of Intent filed by I I_J Valley Realty Development, LLC rl PO Box 3039 Andover, MA 01810 Dated August 28, 2002 n C:\ W i n wo rd\0 00242-1169 4 NACC 1/23/03 i3 n DEP )BILE # 242 - 1169 BK 89 79 PG Other Documents: n ' '-' Expanded Environmental Notification Forni, Proposed Residential Development Project, The Meadows, North n Andover, MA, Dated August 30, 2002, Prepared by Dermot J. Kelly Associates, Inc.; Hydrologic Analysis, Notice of Intent Submittal, Meadows Residential �-' Development, North Andover, MA, dated Nov. 15, 2002, prepared by GZA' n GeoEnvironmental, Inc. (includes revised Table 1 and HEC model revisions); u Drainage Estimate Attachments, Notice of Intent Submittal, Meadows n Residential Development, North Andover, MA, Dated August 26, 2002, `-' prepared by GZA GeoEnvironmental, Inc. nEngineering Review Letters; n Prepared by Lisa Eggleston, dated Oct. 23, 2002, 8 pages; Prepared by GZA, dated Dec. 4, 2002, 8 pages, Attachment 1, 6 pages, M Attachment 2,2 pages, Attachment 3, 1 page; Prepared by Lisa Eggleston, dated Dec. 4, 2002, 6 pages; Letter prepared by GZA dated Dec. 24, 2002, 5 pages, Revised tables 3 & 4 of the Hydrologic Analysis and 4 pages of the test pit logs; Letter prepared by GZA, dated January 7, 2003, 2 pages; Buffer Zone Planting Plan: Letter prepared by West Environmental, dated October 9, 2002, 3 pages; Letter prepared by West Environmental, dated January 7, 2003, 3 pages; Operation & Maintenance Plan prepared by_ GZA, GeoEnvironmental , dated January 7, 2003, Attachment A, 2 pages, Attachment 1, 6 pages (see attached); CAW i n word100C1242-1169 3 NACC 1/23/03. 10 n u n n v n '-1 L4 1)Er r1LL' 7 44A - 1107► Site Plans prepared 1 GZA, GeoEnvironmental, Inc. One Edgewater Drive Norwood, MA Entitled: Existing Conditions Plan, No. C -1A, Rev. 12-03-02; Existing Conditions Plan, No. C-113, Rev. 12-03-02; Existing Conditions Plan, No. C -IC, Rev. 12-03-02; Site Development and Grading Plan, No.0-2A, Rev. 12-24-02; Site Development and Grading Plan, No�,C-2B, Rev.12-24-02; Site Development and Grading Plan, No.0-2C, Rev. 12-24-02; Erosion and Sediment Control Details; No. C-213, Rev. 12-03-02; Site Drainage Plan, No. C -2E, Rev. 1/7/03; Utility Plan, No. C -3A, Rev. 12-03-02; Utility Plan, No. C -3B, Rev. 12-03-02; Utility Plan, No. C -3C, Rev. 12-03-02; Site Development and Grading Plan(with wetland flags), No.2A-WF, Revised 12-24-02; Site Development and Grading Plan(with wetland flags), No.2B- WF, Revised 12-24-02; Site Development and Grading Plan(with wetland flags), No.2B-WF, Revised 12-24-02; Preliminary Site Plan with Easements, SP -3-1, Rev. 12-03-02; Wetland Enhancement Plan, No. C -28 -WE, Rev. 12-24-02 Revised Details &Additional Plans: Attachment B, 4' sump catch basin detail; Sediment £orebay detail, Att. C, dated 1-7-03; Stormceptor Drainage Plan, Drainage Area 5, AUX, Dated 1-7-03; Roof Areas Draining to Vernal Pools, Att. G, dated 1-7-03 C AW i n word100D242.1169 4 NACC 1/23/03 ' ' 30. The NACC agrees with the applicant's delineation of the wetland resource �-J areas on the site as shown on the plans dated referenced herein. n 31. The NACC finds that the intensive use of the upland areas and buffer zone �-� proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot (25') No -Disturbance Zone and a fifty foot (50') No -Construction Li Zone shall be established, where possible, from the edge of the adjacent wetland resource areas except in those encroachment areas as shown on the F approved plans. A waiver of the local 25' No -Disturbance Zone and 50' No- Build Zone has been granted in several areas on the site to facilitate building construction, grading and stormwater management structure construction. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is j—! permitted in the No -Disturbance zone except in those areas as shown on the 4 approved site plan. n 32. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the n Notice of Intent and approved by this Order of Conditions, unless specifically 4 approved in writing by the Commission. n 33. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any M conflicting contract requirements. The applicant shall assure that all u contractors, subcontractors, and other personnel performing the permitting n CAWinword\00x242-1169 5 NACC 1/23/03 u 1UL+1' .fi+YLL �F .G4:G - Ali�'1 B 19. PG Misc. Documentation: n Letter addressed to North Andover Conservation Commission from the Departinent of Environmental Protection, dated November 15, 2002; F Letter from Valley Realty Development, dated November 22, 2002 addressed to Stephen Manning of the North Andover Open Space Committee; n u 29. The following wetland resource areas are affected by the proposed -work: Buffer Zone to Isolated Land Subject to Flooding (ILSF), Freshwater n j' Wetland, Vernal Pool/Ephemeral Pool and Bordering Vegetated Wetland U (BVW). These resource areas are significant to the interests of the Act and OvTown ByLaw as noted above and therein. The applicant has not attempted to n ercome the presumption of significance of these resource areas to the i-+ identified interests. ' ' 30. The NACC agrees with the applicant's delineation of the wetland resource �-J areas on the site as shown on the plans dated referenced herein. n 31. The NACC finds that the intensive use of the upland areas and buffer zone �-� proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot (25') No -Disturbance Zone and a fifty foot (50') No -Construction Li Zone shall be established, where possible, from the edge of the adjacent wetland resource areas except in those encroachment areas as shown on the F approved plans. A waiver of the local 25' No -Disturbance Zone and 50' No- Build Zone has been granted in several areas on the site to facilitate building construction, grading and stormwater management structure construction. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is j—! permitted in the No -Disturbance zone except in those areas as shown on the 4 approved site plan. n 32. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the n Notice of Intent and approved by this Order of Conditions, unless specifically 4 approved in writing by the Commission. n 33. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any M conflicting contract requirements. The applicant shall assure that all u contractors, subcontractors, and other personnel performing the permitting n CAWinword\00x242-1169 5 NACC 1/23/03 u n DEEP FILE #1 77,42 - 110 1� BK 8q19 f u-1 work are fully aware of the permits terms and conditions. Thereafter, the n contractor will be held jointly liable for any violation of this Order resulting LA from failure to comply with its conditions. n 34. The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commissions jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town • shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in. n any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water Image. Maintenance of the drainage system, if accepted by the Town as part of a public way, n becomes the responsibility of the Town. 35. The approved project does not propose any permanent alteration to wetland M resource areas. Temporary alteration to BVW will result from the headwall reconstruction and resource areas are required to be fully restored upon completion of construction. Due to the historic disturbed nature of the site, n the applicant has proposed to provide replication in a previously filled area, in addition to providing buffer zone enhancement plantings in un -vegetated �' areas. The NACC finds the applicant's proposal for 1,055 sq. ft. of wetland n replication/restoration and 19,558 sq. ft. of buffer zone restoration to be adequate. A Wetland Specialist must be present on site during replication 'T' and restoration activities. Monitoring of the replication and restoration areas M must be conducted by a qualified wetland specialist in the spring and fall months for two consecutive growing seasons following the completion of the restoration activities. At the end of each inspection, a progress report of the n relative success or failure of the replication and restoration efforts shall be conducted by the wetland specialist and submitted to the North Andover `J Conservation Commission. If at the end of the second growing season, n compliance with 310 CMR 10.55 (4) (b) (6) is not achieved, the NACC i maintains the right to require additional mitigative measures. n 36. Restoration plantings shall be conducted in accordance with the approved restoration planting plan as depicted in the above referenced letter and u plan. In addition, any temporarily disturbed areas in the 25' No- n Disturbance Zone (ie. grading) that will not be developed must be re - vegetated with a seed mix and woody plantings. Proposed planting plans 4 must be reviewed and approved by the Conservation Administrator. n n CAW inword\OM242-1169 n L NACC 1/28/03 n Ii U DEP ]FILE # 242 -.1169 BK 8Q7Q Pr' 14 n37. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm L' other form of water damage. o damage or any n PRIOR TO CONSTRUCTION n L 38. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings n before the Department or Court have been completed. r t 41. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes n, to be significant, the NACC will call for another public hearing (at the L, expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors �? found in the plans or information submitted by the applicant shall be �+ considered as changes. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a'revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin n on a project until written approval has been granted by the NACC. u CAWinword10001242.1 ] 69 M NACC 1/23/03 39. This Order shall be -recorded by the applicant at the Registry of Deeds immediately after the expiration of L all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected In L, property. the case of recorded land, die :Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be U noted on the Land Court Certificate of Title of the owner of the land upon which the j-1 proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission �, on the form at the end of this Order prior to commencement of the work. Any Order not recorded by f� the applicant before work commences may be recorded by the NACC at the applicant's expense. r i 40. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words " Massachusetts L--! Number 242-1169." DEP File r t 41. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes n, to be significant, the NACC will call for another public hearing (at the L, expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors �? found in the plans or information submitted by the applicant shall be �+ considered as changes. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a'revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin n on a project until written approval has been granted by the NACC. u CAWinword10001242.1 ] 69 M NACC 1/23/03 n DEP FILE # 242 - 1169 t'at/r,�-, , , J1a= Fi, � BK. 8 n V n n LJ n u ri �, n 42. It is the responsibility of the applicant, owner' and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 43. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed sequence of construction, including the construction of compensation and retention areas, installation of sedimentation/erasion control devices and re -vegetation to be completed before other work begins on-site. 44. Wetland flagging shall be chc�ked prior to start of construction and shall be re-established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 45. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 46. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 100 hay bales and sufficient stakes for staking C:Mnword10001242-1169 8 NACC 123/03 these bales (or an equivalent amount of siltfence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for LJ the normal control of erosion. F1 47. A check payable to the Town of North Andover shall be provided in the �; amount of $70,000 ($3.00 x 1,055 s.f. of replication = $316_5.$1.095 x $19,558 s.f. of buffer zone restoration plantings= $21416.01, round up to $21,435; r t roadway, parking lots and drainage infrastructure, $15,000; $1600 per building in the buffer zone, 19 buildings = $30,40 )which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and h shall be posted with the North Andover Town Treasurer through the NACC ;�, before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or n parties satisfactory to the NACC, and Town Counsel, and shall be released �; after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of n continuing nature. The applicant may propose a monetary release schedule �i keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local r7 ByLaw. 48. The applicant shall be responsible for placing signs designating the applicable C-1 building numbers (#1 through #28) as depicted on the plans approved and referenced herein. - 49. The applicant shall designate a Wetland Scientist as an "Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of -the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. This person shall be given the authority to stop construction for erosion control purposes. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report from the "Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are CAWinword\00C\242-1169 9 NACC 1/28/03 16 r1 DEP FILL, # 242 - 1169 BK 8979 Phi functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. `—' The monitor is also responsible for overseeing construction and planting of r, the replication and buffer zone res toration areas. 50. Prior to construction, the applicant shall permanently mark the edge of the r l "25' No -Disturbance Zone" and or the edge of disturbance with signs or markers spaced evenly every 50 feet incorporating the following text: "Protected Wetland Resource Area". This will designate their sensitivity and M assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant_ CANVinword=C\242-1169 10 NACC 1/28/03 --1 U P? 51. The applicant and/or the legal owner of that portion of land upon which in these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, F-1 subject to said Orders of Conditions, the "Compliance Certification Foran Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall U be provided to the Conservation Department at least five (5) business days rl prior to the closing of said land transaction. `J 52. Once these above mentioned pre -construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC `-' representative, the contractor, the engineer, wetland scientist and the n applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and `1 specifications dealing with the work proposed and shall supersede any F1 conflicting contract requirements. The applicant shall assure that all LJ contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of u Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the r, on-site construction supervisor hired to coordinate construction and to ensure ;!; compliance with this Order. A reasonable period of time shall be provided as notice of the pre -construction meeting (e.g. 72 hours). CANVinword=C\242-1169 10 NACC 1/28/03 --1 U P? r IMIr VILL+ if L4L - 11bi r °f U 53. During the spring of M03 and prior to construction on the site, the 'f-tI applicant's environmental scientist must conduct an extensive ecological Ll inventory of the species identified within the isolated vegetated wetlands. The isolated wetlands must be photographed and water depths within the rl isolated areas must be measured. If the isolated areas contain obligate or i facultative vernal pool species, the documentation must be collected and a submission to the Natural Heritage and Endangered Species for vernal pool i-? certification is required. Evidence of the application and certification must be submitted to the North Andover Conservation Department. . n n Li Al 11 DURING CONSTRUCTION —fid 54. IMPORTANT: Immediately upon completion of the building foundations in the buffer zone, and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor of the Commonwealth (R.P.L.S.) which accurately depicts the foundation location and it's proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. 55. Upon beginning work, the applicant shall submit written progress reports every week detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. 56. All catch basins shall contain oil/ gasoline traps, and it shall be a continuing condition of this order, even after a Certificate of Compliance is issued, that the oil/gasoline traps in the catch basins be maintained. All catch basins shall be free of all accumulated silt and debris before Compliance is issued and the owner or his/her agent shall so specify in the request for Compliance. 57. The sewer lines on the site, where they cross wetland resource areas, shall be tested for water tightness in accordance with North Andover DPW standards. 58. Approved de -watering activities anticipated shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site while work specific to dewatering is occurring. De -watering activities shall be conducted as shown on the approved plans and shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland ByLaw. CAWinword\00C\242-1169 U NACC 1/23/03 DEP FILE # 242 - 1169 f7DEP8'�_ � X03 1 If emergency de -watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to n discharge into a resource area. 59. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor ' vehicles or parts on any of the foregoing. 60. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. n 61. No re -grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip -rapped to provide n permanent stabilization. 62. There shall be no stockpiling of soil or other materials within twenty-five (25) n feet of any resource area. 63. After proper grading, all disturbed areas located within a resource area which �--�, will not remain as wetland areas, shall be loamed (minimum of 4" of quality L, loam), and seeded. This shall all be done in accordance with SCS guidelines. All disturbed areas located within wetland resource areas which are to be �? only temporarily disturbed during construction, shall be restored to their original grade, soil profile and vegetative cover. Soil used for this purpose will either be wetlands topsoil or a minimum of 4" of quality loam. M u 64. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. r 65. All waste generated by, or associated with, the construction activity shall be contained within the construction area, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of .. waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local ByLaw. rJ I u 66. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. L_J CAWinword1000242-1169 12 NACC 1/23/03 F-1 Li n 19 I,' ASR JL* ALL' I G'trG - AIVJ a9 s 2 67. During the life of the project, a designated wetland scientist/ecologist/biologist must continue to document the biological inventory of the isolated areas and vernal pools to identify changes in the species population. In addition, the hydrologic conditions should be documented and photographed. The scientist shall note any significant changes to the observed hydrology and species populations from one year to another. A yearly report must be submitted to the Conservation Commission for review (this is a continuing monitoring requirement of condition #53). 68. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the aplicant within one (1) business day. No construction vehicles are tb be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. I( STORMWATER MANAGEMENT CONDITIONS 69. All construction and post -construction stormwater management shall be conducted in accordance with supporting documents and plans submitted with the Notice of Intent, the Department of Environmental Protection Stormwater Management Policy and as approved by the NACC in this Order of Conditions. 70. All stormwater best management practices shall be maintained as specified in the Operation and Maintenance Plan submitted with the Notice of Intent and incorporated in the Order of Conditions. Evidence of maintenance of the stormwater management system shall be provided to the NACC on an annual basis by a Registered Professional Civil Engineer. The first report shall be submitted to the NACC one year after the first stormwater structure goes on-line and annual: reports must continue to be submitted until the issuance of a Certificate of Compliance. The compliance of the system with the design basis and Order of Conditions will be certified by a Registered Professional Engineer to the Conservation Commission or its Agent. This condition must be satisfied prior to the issuance of a Certificate of Compliance. 71. Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre -development conditions. There shall CAWinword100C1242-1169 13 NACC 1128/03 n VL4 r 141L1; #f .L4L - x 10"l B K 9 P13 be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 72. The applicants, owners, and their successors and assignees, shall inklintain all -culverts, collections basins, traps, outlet structures, subsurface storage Areas, and other elements of the drainage system, unless put into an easement to the Town of North Andover, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and -shall maintain the integrity of vegetative cover on the site. n 73. Gabions located in the vicinity of the isolated wetlands located in the lower meadows must be inspected annually t� ensure proper function. Written inspection documentation by a registered engineer must be prepared and submitted to the Conservation Commission for review. 11 AFTER CONSTRUCTION II n 1 74. No underground storage of fuel oils shall be allowed on any lot within one - Li hundred (100) feet of any wetland resource area. This condition shall survive n this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection ByLaw. 75. Fertilizers utilized for landscaping and lawn care shall be slow release, low - nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the t'1 authority of the Town's Wetland Protection ByLaw and shall remain in .; perpetuity. p 1 76. No road salt, sodium chloride, or other de-icing chemicals shall be used on paved surfaces, and any arrangement for snow removal shall so stipulate due to the importance of the site and wetlands. Permanent signs designating ►� "No -Salt Zone" and "No -Snow Stockpiling Zones" shall be displayed in prominent locations in areas designated on the plan. The sign locations must be reviewed and approved by the Conservation Department. 77. Prior to the issuance of the Certificate of Compliance, the applicant must prepare and submit a draft of the Conservation Restriction to be placed on the proposed designated open space on the property. Upon review and CAWinwordk0001242-1169 14 NACC 1/23/03 014 r 11ILL, 41'L42 - 11oJ n L.1 d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating jnn that they read and understood the recorded Order of Conditions prior � to purchasing their property. e. The name and address of the individual/ trust or corporation to whom [, the compliance is to be granted. t , f. The street address and assessor's map/parcel number for the project. g. The DEP file number. ,n C:Mnword10001242-1169 15 NACC 1/28!03 n F1 approval of the restriction documentation by the North Andover Conservation Commission and the town's attorney, the applicant will be L required to record the document and submit all recording information to the Conservation Commission. n 78. As proposed by the applicant, a link to the Harold Parker State Forest will be provided jn the location of the community building located in the lower r� meadows portion of the development. The recorded access easement plan must be submitted to the. Conservation Commission prior to the issuance of a Certificate of Compliance. As requested by the Department of Environmental Management, signage and steel pins will be placed between the subject rear property line and the Harold Parker State Forest. r'1 79. Upon completion of construction and disturbed grading, all areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding according to SCS standards. If fr1 the latter course is chosen, stabilization will be considered complete once La vegetative cover has been achieved. F 80. The Operation & Maintenance Plan is fully binding upon the applicant, and or owners, successors, agents, associations, heirs and assigns and must be adhered to in perpetuity. The North Andover Conservation r Commission must be notified upon the creation of associations or agencies LJ responsible for the perpetual implementation of the Operation & Maintenance Plan. n 81. Only and upon stabilization of the site, all erosion control measures shall be removed and disposed of properly. r7 82. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: n a. WPA Form 8A — "Request for a Certificate of Compliance." ;—, b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner and or condominium n associations. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating jnn that they read and understood the recorded Order of Conditions prior � to purchasing their property. e. The name and address of the individual/ trust or corporation to whom [, the compliance is to be granted. t , f. The street address and assessor's map/parcel number for the project. g. The DEP file number. ,n C:Mnword10001242-1169 15 NACC 1/28!03 n F1 DEP PILE it 242 - 1169 BK 8979 PG h. A written statement from a Registered Professional Civil Engineer of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. The letter must specifically include certification that all stormwater structures have been constructed in accordance with the approved plans and are Functioning properly as designed. i. A written statement from a qualified wetland scientist stating all -replication and buffer zone restoration activities have been constructed in accordance with the approved documents and ineet the performance standards of the Wetlands Protection Act and North Andover Wetland Protection Bylaw. j.Submittal of a recorded Conservation Restriction and associated plan. k. An "As -Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (and ) of the Commonwealth, for the public record. This plan will include: D "As -Built" post -development elevations of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. "As -Built" post -development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection. Bylaw- -r ➢ Distances from structures to wetland resource areas. Structures F1 include (but are not limited to) septic systems, additions, fences, sheds, stone walls, pools, retaining walls, subsurface utilities, u and decks. n ➢ A line showing the limit of work and the extent of existing 4 erosion control devices. "Work" includes a -X disturbance of n soils or vegetation. 3= Location of wetland replication and restoration areas. n Location of all subsurface utilities entering the property. n I� n CAWinword\OM242-1169 16 NACC 1/28/03 n fi DEPFILE # 242 - 11641 ` 97 9 PG 83. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project; r 25' No -Disturbance Zone and a 50' NO -Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved Linder this filing (see approved site plans) Future work within 100' of existing nwetland resource areas will require a separate filing with the LJ NACC (refer to Section XI (page 18) of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local BY�aw; Discharge or spillage of pollutants (Condition # 68); ➢ Prohibition of underground fuels Condition #74• g ( , ➢ Limitations on the use of fertilizers, herbicides, road salts, de- icing compounds and pesticides (Conditions #75 & 76). ➢ The attached "Stormwater Operations and Management Plan", including Best Management Practices. No additional filings will be required to conduct maintenance of the above referenced system and plan. CAWinword\000242-1169 17 NACC 1/28/03 24 rI u u n L-, r-3 F-1 u r1 u f� L--, r '1 u r r -1 u DLP FILL # 242 -1169 APPENDIX A - AFFIDAVIT A i ~ 1 on onth do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. I am the of ( position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC nuntbo) the North�Andover Conservation Commission. Wor 2. I am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. 3. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File #) and every condition which has been set forth in said Order of Conditions. 4. I hereby affirm and acknowledge that on this day of 19 I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File #) 5_ I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File #) Signed under the pains and penalties of perjury this day of 19_ C: \'YVi n w o rd\00 01242-116 9 (Signature - authorized agent of applicant or owner) is NACC 1/28/03 n �� � in�.nivie,iv i t► THE M[EiADOWS n NORTH ANDOVER, MASSACHUSETTS STOR1VI WATER MANAGEMENT SYSTEM OPEItATIONS ANIS MAINTIENANCE PLAN n FI Operations and maintenance of erosion control measures help to insure that the systems in place will work as efficiently as possible. The following maintenance items are typical for a project to ensure the continued effectiveness of the structural water duality controls: ' n • Mow storm water basin side slopes and bottom once annually to discourage the growth of `-' woody plants. n � • weep paved areas completely at least four times per year (two sweepings should occur in spring and fall). • Minimize the use of road salt for the maintenance of parking areas and roads during the winter. n Snow shall be stockpiled only in areas as -designated on the plans. If necessary, the u plowed snow will be taken off-site. t� No disposal ;of materials will be permitted within the buffer zone on the project site. This L, prohibition applies to trash, fill material, construction debris, grass clippings, collected leaves, and cut branches. n • All drainage inlets and outlets will be kept free from leaves, silt, and debris that would prevent the free flow of surface water into, through, and out of them as designed or cause n the drainage area to accumulate surface water in excess of its design. `-' Grassy areas will be stabilized and maintained, especially along vegetated side slopes, to t, control erosion. Problem areas will be reseeded immediately or protected with erosion control matting as necessary to stabilize exposed soils. u Additional general operation and maintenance guidelines for the best management practices n (BMPs) are attached. Inspection/Maintenance Frequencies f1 �► Inspection frequencies for each of the BMPs utilized at the site are listed below: n The catch basins will be inspected monthly for the first 6 months and quarterly thereafter. u Catch basin cleaning will be performed a minimum of four times per year. r� u f1 u n Inspection of the Stormceptors will be performed quarterly. It is anticipated that maintenance will be required once a year, using a vacuum truck to remove sediment. Specific maintenance requirements will be in accordance with the manufacturer's suggestions. Detention ponds shall be inspected annually, and after major storms. Inspect and remove accumulated sediment and debris from the sediment traps and forebays four times annually, or more frequently as needed (two sweepings should occur in spring and fall). Reporting and Documentation The Site Manager shall be responsible for maintaining an accu'Ote Site Maintenance Log. The Site Maintenance Log shall: 1. Document the completion of planned maintenance tasks. 2. Identify the person responsible for the completion of tasks. 3. Identify any outstanding problems, malfunctions, or inconsistencies identified during the course of routine maintenance. The Site Manager shall be responsible for ensuring that the scheduled tasks are appropriately completed as described in this Plan and the Site Maintenance Log accurately represents activities carried out as described in this PIan. Maintenance Log A Site Maintenance Log shall be completed as described above, and shall, at a minimum, include the following items: Date activity performed Specific maintenance task Structural components maintained Staff person or contractor performing activity Supervisor verification of maintenance activity Recommended additional maintenance tasks \\GZAMA2UODS\l7016.2mv\17016-20.jpgUteports\O &Wlan. doe Page 2 of 2 BK 89-79. PG Attachment 1 Operation and Maintenance Guidelines The Meadows, North Andover r�%.rty�{ t•I 'r � t Suggested 0p� crations and Maintenance Guidelines °I 3 •r e . P13 Detention Ponds Maintenance Defect Conditions When Maintenrunce is Needed Results Expected When Component Maintenance is perfornud General Trash & Debris _ Any trash and debris which exceed 1 cubic foot trash and debris cleared frau site. per 1,000 square feet (this is about equal to the amount of trash it would take to fill up one standard size office garbage can). In general, there should be no visual evidence of dumping. Poisonous Vegetation Any poisonous or nuisance vegetation which may No danger of poisonous Constitute a hazard to County personnel or the public Vegetation where \ Personnel or the public migli. Normally be Pollution Oil, gasoline, or other contaminants of one gallon or No contaminants present other more or any amount found that could: 1) cause damage Than a surface film. to plant, animal or marine life; 2) constitute a fire hazard; or 3) be flushed downstream during rain storms. Unmowed Grass/ If facility is located in private residential area, When mowing is needed, grass/ Ground Cover Mowing is needed when grass exceeds 18 inches in Ground cover should be mowed Height. In other areas, the general policy is to make the To 2 incites in height. Pond site match adjacent ground cover and terrain as Mowing of selected higher use Ung as there is no interference with the function of Areas rather than the entire The facility. Slope may be accessible for Some situations. Rodent Holes Any evidence of rodent holes if facility is acting as a Rodents destroyed and dam or Dam or berm, or any evidence of water piping through Berm repaired. Dam or berm via rodent holes. Insects When insects such as wasps and hornets interfere with Insects destroyed or removed Maintenance activities. From site. Tree Growth Tree growth does not allow maintenance access or Trees do not hinder Interferes with maintenance activity (i.e. slope moving, Maintenance activities. Silt removal, vactoring, or equipment movements). Selectively cultivate trees such If trees are not interfering with access, leave trees As alders for firewood Alone. Erosion Eroded damage over 2 inches deep where cause of Damage is still present or where there is potential for Continued erosion. n The Meadows, North Andover�7!;; 8q e19 P`" ti 0 S•a, ested O erations and Maintenance Guidelines ��.•�� n Sediment Accumulated sediment that exceeds 10%n of the. Sediment cleatted out to Frame and/or Top Slab curb face into the street (if applicable). Designed pond depth Designed pond shape and depth; Lj Top slab has holes larger than 2 square inches or Pond reseeded if necessaryto n cracks wider than 4 inch (intent is to make sure cracks. Control erosion. U f l Setllements Any part of dike which has settled 4 inches lower than Dike should be built back to the. j of more than 3/4 inch of the frame from the top slab. The design elevation. Design elevation U Rock Missing Only one layer of rock exists above native soil in area Replace rocks to design standards r- 1 Five square feet or Luger, or. y exposure of native u Soil at the top of out Clow path of spillway. Rip -Rap t \ On inside slopes need not be replaced. \ U t'1 Catch Basins Maintenance Defect Conditions When Maintenance is Needed Results Expected When LI Maintenance is performed Component General Trash & Debris Trash or debris of more than 1/2 cubic foot which is in front the catch basin by No trash or debris located immediately in front of catch (Includes Sediment) located immediately of more than 10%. basin opening. nTrash or debris (in the basin) that exceeds 1/3 the No trash or debris in the catch L4 depth from the bottom of basin to invert the lowest basin. pipe into or out of the basin. _ ," Trash or debris in any inlet of outlet pipe blocking Net and outlet pipes free of more than 1/3 of its height. trash or debris. Dead animals or vegetation that could generate No dead animals or vegetation u odors that could cause complaints or dangerous present within the catch basin. gasses (e.g., methane). LJU Deposits of garbage exceeding 1 cubic foot in No condition present which volume. would attract or support the breeding of insects or rodents. '-' Structure Damage to Comer of frame extends more than 3/4 inch past Frame is even with curb. Frame and/or Top Slab curb face into the street (if applicable). n Lj Top slab has holes larger than 2 square inches or Top slab is free of holes and cracks wider than 4 inch (intent is to make sure cracks. all material is running into basin). f l a r Frame not sitting flush on top slab, i.e., separation Frame is sitting flush on top of more than 3/4 inch of the frame from the top slab. slab. Catch Basin Walls/ Cracks wider than 1/2 inch and longer than 3 feet, Basin replaced or repaired to 2 F1 LI V n u n ri u n LIA n 4 The Meadows, North Andover e..............r r)nerat-- and Maintenance Guidelines Bottom any evidence of soil particles entering catch basin design standards. through cracks, or maintenance person judges that structure is unsound. Defect Cracks wider than 1h inch and longer than 1 foot, No cracks more Ilion 114 inch at lie joint of mry inlet/ outlet pipe or any evidence wide at the joint of inlet/outlet of soil particles entering catch basin through pipe. cracks. Basin has settled more than 1 pr has rotated Basin replaced or repaired to more than 2 inches out of alignment, design standards. Fire Hazard Presence of chemicals such as natural gas, oil and No flammable chemicals gasoline. present. apart. Vegetation Vegetation growing across and blocking more than No vegetation blocking opening IO'Yo of the basin opening. to basin. Catch Basins (Continued) Maintenance Defect Conditions When Maintenance is Needed Results Expected When Maintenance is performed Component Vegetation glowing in inlet/ outlet pipe joints that is No vegetation or root growth more than six inches tall and less than six inches present. apart. Pollution Nonflammable chemicals of more than 1/2 cubic foot No pollution present other than per three feet of basin length. surface film. Catch Basin Cover Cover Not in Place Cover is missing or only partially in place_ Any open Catch basin cover is closed catch basin required maintenance. Locking Mechanism Mechanism cannot be opened by on maintenance Mechanism opens with proper Not Working person with proper tools. Bolts into frame have less tools. than 1/2 inch of thread. Cover Difficult to One maintenance person cannot remove lid after Cover can be removed by one Remove applying 80 lbs. Of lift; intent is keep cover from maintenance person. sealing off access to maintenance. Ladder Ladder Rungs Ladder is unsafe due to mussing rungs, misalignment, Ladder meets design standards Unsafe rust, cracks, or sharp edges. and allows maintenance person safe access. Metal Grates Grate with opening wider than 7/8 inch. Grate opening meets design standards. (If Applicable) Trash and Debris Trash and debris that is blocking more than 20% of Grate free of trash and debris. grate surface. Damaged or Grate missing or broken member(s) of the grate. Grate is in place and meets design standards. Missing. 3 The Meadows, North Andover;t l; t -ti -r.— Suggested Operationsynd Maintenance Guidelines A a .. i � CONVEYANCE SYSTEMS (PIPES NC DITCHES) Maintenance Defect Conditions WUen Maintenance is Needed Results Expected When Component Maintenance is performed Pipes Sediment and Debris Accumulated sediment that exceeds 2070 of the Pipe cleaned of all seditneN diameter of the pipe. and dchris. Vegetation Vegetation that reduced free movement of water All vegetation removed so W;ucr duough pipes. flows 5rcely through pipes. Damaged Protective coaling is damages; rust is causing Pipe repaired or replaced. more than 50% deterioration to 4ny part of pipe. Any dent that decreases the cross section area of Pipe repaired or replaced. pipe by\more than 20%. 4 n LJ n L The Meadows, North Andover t ;• c i,.y �i .t.. Suggested Operations and Maintenance Guidelines B�•� I " I Conveyance Systems (Continued) Maintenance Defect Conditions VYhen lVlaintennnce is Needed Results Expected When Component Muirttenance is performed Open Ditches Trash & Debris Trash and debris exceeds I cubic foot per 1,000 Trash and debris cleared £Tont square feet of ditch and slopes. ditches. Sediment Accumulated sediment that exceeds 20% of the Ditch cleaned/ flushed of all Weeds design depth. sediment and debris so Ihatit (Nonpoisonous) area (trees and shrubs only). matches design. Vegetation Vegetation that reduces free movement of water Water flows freely through through ditches. ditches. Erosion Damage Sc�"Pond" Standard No. 1. See "Pond" Standard No. I. Slopes Rock Lining Out of Maintenance person can see native soil beneath Replace rocks to design Place or Missing (if the rock lining. standards. Applicable). Catch Basins See "Catch Basin". See "Catch Basin" Debris Barriers See "Debris Barriers: Standard No. 6". See "Debris Barriers: Standard (e.g., Trash Rack) No. 6". Grounds (Landscaping) Maintenance Defect Component Conditions When Maintenance is Needed Results Expected When Maintenance is performed Weeds Weeds growing in more than 20%b of the landscaped Weeds present in less than 5% (Nonpoisonous) area (trees and shrubs only). of the landscaped area. _ Safety Hazard Any presence of poison ivy or other poisonous No poisonous vegetation vegetation. present in landscaped area. Trash or Litter Paper, cans, bottles, totaling more than cubic foot Area clear of litter. r1 Trees and Shrubs Damaged i + u n Li n u within a landscaped area (tress and scrubs only) of 1,000 square feet. Limbs or parts of trees or shrubs that are split or Trees and shrubs with less than broken which affect more than 25% of the total 5% of total foliage witlt split or foliage of the tree or shrub. broken limbs. Trees or shrubs that have been blown down or knocked over. Trees or shrubs which are not adequately supported or are leaning over, causing exposure of the roots. 5 Tree or shrub in place free of injury. Tree or shrub in place and adequately supported; remove any dead or diseased trees. The Meadows, North Andover BK 89 19 PIS 14 Suggested Operations and Maintenance Guidelines Access Roads/Easements Maintenance- Defect Conditions When Maintenance is Needed Results Expected When Component Maintenance is performed General Trash and Debris Trash and debris exceeds 1 cubic foot per 1,000 Roadway free of debris which square feet, Le, trash and debris would fill up one could damage tires. standard size garbage can. Blocked Roadway Debris which could damage vehicle tires (glass or Roadway free of debris wlsich metal). could damage tires. Any obstruction which reduces clearance above Roadway overhead clear to 14 road surface to less than 14 feet. feet high. \ Any obstruction restricting access to a 10 to 12 foot Obstruction removed to allow width for a distance of more than 12 feet or any point at le`asl a 12 foot access. restricting access to less than a 10 foot width. Road Surface Settlement, Potholes, When any surface defect exceeds 6 inches in depth Road surface uniformly smooth Mush Spots, Ruts and 6 square feet in area. In general, any surface with no evidence of settlement, defect which hinders or prevents maintenance access. potholes, mush spots, or ruts. Vegetation in Road Weeds growing in the road surface that are more lhan,6 Road surface free of weeds Surface inches tall and less than 6 inches tall and less than 6 taller than 2 inches. inches apart within a 400 -square foot area. Shoulders and Erosion Damage Erosion within 1 foot of the roadway more than 8 Shoulder free of erosion and Ditches inches wide and 6 inches deep. matching the surrounding road. Source= King County, Washington. 1998. Surface Water Design Manual. \\GZAM A2\IOB S\ 17474.2ZL\17474-OO.MIS\S W PPF\O &M.DOC 134 n , U Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: '—' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP WPA Farm 5 - Order of Conditions 242-1180 n B. Findings or•. Q -. f 2 F 1-1 -6 r l Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above -referenced Notice of Intent and based on the information provided in .this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: t-1 Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution n ®Private Water Supply ❑ Fisheries ® Protection�f Wildlife Habitat ® Groundwater Supply ® Storm Damage Prevention ® Flood Control u Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary, in accordance with the performance standards set forth u in the wetlands regulations, to protect those interests checked above. This Commission orders that all work shalt be performed in accordance with the Notice of Intent referenced above, the following 1--� General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with 1-� the Notice of Intent, these conditions shall control. I1 u V1/pa10rm5.do: • rev. 12/15100 Page 2 of? n n ;J Denied because: `� ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are ,n adequate to protect these interests, and a final Order of Conditions is issued. u ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect t of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient u information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). v General Conditions (only applicable to approved projects) n 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory u measures, shall be deemed cause to revoke or modify this Order_ f-1 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all r1 other applicable federal, state, or local statutes, ordinances, bylaws, or regulations: I1 u V1/pa10rm5.do: • rev. 12/15100 Page 2 of? n n ;J Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: n ' WPA Form 5 — Order of Conditions 242-1180 Li Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP Findings (cont.)'. PG r The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three Years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a parry to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit.a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 5_ This Orger may be extended by the issuing authority for one or more periods of up to three year each upon ap (ication to the issuing authority at least 30 days to the r- l prior expiration date of the Order. Lj 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, f-1 rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, f"1 pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such rl an appeal has been taken, until all proceedings before the Department have been completed. �i 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title n of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certiflcate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, 4 which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in i1 size bearing the words, L-1 "Massachusetts Department of Environmental Protection" for, "MA DEP"] "File Number 242-1180 " 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a parry to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit.a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. Vdpaform5.00[ - 1ev. 12fl51oo Page d? 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of f-1 new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours rl to evaluate compliance with the conditions stated in this Order, and may require the submittal of any L, data deemed necessary by the Conservation Commission or Department for that evaluation. Vdpaform5.00[ - 1ev. 12fl51oo Page d? �--� Now Massachusetts Department of Environmental Protection Bureau Of Resource Protection - Wetlands DEP File Number: WP'A, Forum 5 --Order of Conditions 242-1180 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. i__.i 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, f-' the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a u Certificate of Compliance has been issued by the Conservation Commission. n \ 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully u stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls n on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation �+ Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by This Order. u h u q Li Findings as to municipal bylaw or ordinance Furthermore, the North Andover hereby finds (check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Municipal Ordinance or Bylaw Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: North Andover Wetland Protection Bylaw Chapter 178 Municipal Ordinance or Bylaw Citation n The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above: To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. n Wpalarm5 d0c rev. 12115/00 Page 4 of 7 n n n .. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP FileNan,ber WPA Form 5 — Order of Conditions 242-1� 180 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP n B. Findings (cont.) _ E�E �; r� Pig 9 Additional conditions relating to municipal ordinance or bylaw: n See Attached r'1 u W L This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Irl Conditions #4, from the date of issuance. 1/23/03 Date l� This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail, (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or +-� hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office (see Appendix A) and the property owner (if different from applicant). n ,W Si On ��. Of Day Month 3na Year before me persgnplly appeared to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. A/���dc� N Public My commission Expires This Order is issued to the applicant as follows: WWOMS.doc. rev. 12/15/00 Q by hand deliveryon �ertified mail, return receipt requested, on /%G Li/li)cJ Date Date Page 5 of n u n N !1 V n U n 1 n r-� 'u n r Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Farm 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number. 242-1180 Provided by DEP C. Appeals applicant, the owner, an i 40 Thea pp y person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with this appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The rbquest shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, § 40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. . Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. VJpa1Q1M5.tl0e • rev. 12/1510Q North Andover Conservation Commission Page 6 01T Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Fite Number: WPA Form 5 - Order of Conditions 242-1180 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Information (cont.) t R% �.� �� �7 PG 41 M Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ------ - -• - --------- - ----- - 'u To: . North Andover n Conservation Commission — U Please be advised that. the Order of Conditions fo�the Project at: n Rte 114 from the Meadows Property to 242-1180 �—+ Palomino Dr. DEP Fife Number n Has been recorded at the Registry of Deeds of: n County Book Page for: Property Owner n and has been noted in the chain of title of the affected property in: Book Page n u In accordance with the Order of Conditions issued on: r Date `1 4 If recorded land, the instrument number identifying this transaction is: n u Instrument Number If registered land, the document number identifying this transaction is: u Document Number u Signature of Applicant t u Wp3101m5.doc • rev. 12115/00 n Page 7 of 7 U n L f n 242-1180 B 89-119 PG 4.2 Therefore, the North Andover Conservation Commission (hereafter the "NACU) hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent the conditions shall control. M GENF-r AL C ONDmONS n� 18. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or n modify this Order. U r-� 21. The work authorized hereunder shall be completed within three years from the date of this order. c-� 22. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section V111 n (B)(p.33) of the North Andover Wetland Regulations). f-1 Order of Condiii=242-1180 i-1 U NACC 1/23/03 19. This Order does not grant any property rights or any exclusive privileges; it n does not authorize any injury to private property or invasion of property u rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the M property at all reasonable times until a Certificate of Compliance is issued, to is evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any t-1 information, measurements, photographs, observations, and/or materials, or ,- may require the submittal of any data or information deemed necessary by the NACC for that evaluation_ Further, work shall be halted on the site if the � NACC, agent or DEP determines that any of the work is not in compliance i, with this Order of Conditions. Work shall not resume until the NACC -is satisfied that the work will comply and has so notified the applicant in r"t writing. Li' 20. This Order does not relieve the permittee or any other person of the necessity M of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. r-� 21. The work authorized hereunder shall be completed within three years from the date of this order. c-� 22. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section V111 n (B)(p.33) of the North Andover Wetland Regulations). f-1 Order of Condiii=242-1180 i-1 U NACC 1/23/03 n Li 242-1180Bh;. ,'�-19 f G 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 24. Where the Department of Environmental Protection (DEP) is requested to F1 make a determination and to issue a Superseding Order, the Conservation Li Commission shall be a party to all agency proceedings and hearings before the Department n �; 25. The conditions of flus decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or f1 control. These obligations shA be expressed in covenants in all deeds to succeeding owners of portions of the property. 26. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 27. The proposed work includes: Installation of a 12" sanitary sewer and an 8" water main along the shoulders of Route 114 from Palomino Drive to n the Middleton Town Line. Work will be located within the buffer zone to bordering vegetated wetland. n 28. The work shall conform to the following (except as noted in the remainder of L, this document where revisions may be required): n Notice of Intent filed by: Valley Realty Development, LLC PO Box 3039 Andover, MA 01810 Dated December 26, 2002 Site Plan Prepared by: GZA GeoEnvironmental, Inc. Entitled: Proposed Utility Installations and Wetlands Delineations/Protection Plan Dated 12/18/02, Revised 1/17/03 �--r 29. The following wetland resource areas are affected by the proposed work: buffer zone to bordering vegetated wetland. These resource areas are significant to the interests of the Act and Town ByLaw as noted above and Order of Conditions242-1180 I U n NACC 1/23/03 43 (� 32. The NACC finds that the intensive use of the upland areas and buffer zone u 242-1180 B�-"w t 89-119 PIS .i n LJ t]Zerein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. n 30. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown in their approximate locations on the plans dated n referenced herein. Li 31. This document shall be included in all construction contracts, subcontracts, n and specifications dealing with the work proposed and shall supersede any Li conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and condiApns. Thereafter, the t� contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. (� 32. The NACC finds that the intensive use of the upland areas and buffer zone `J proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot (25') No -Disturbance Zone and a fifty foot (50') No-Constructionu Zone shall be established from the edge of the adjacent wetland resource �--� areas except in the those areas approved on the record plan- The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No- Disturbance zone. (See Section 111(D) & Appendix G of the local Regulations). Li of the drainage system, if accepted by the Town as part of a public way, (� 33. The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commissions jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. Maintenance of the drainage system, if accepted by the Town as part of a public way, becomes the responsibility of the Town. t� 34. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will, not be subject to flooding, storm damage or any n other form of water damage. Order of Conditions242-1 l 80 F1 Li NACC 1/23/03 44 rl 38. Any changes in the submitted plans caused by the applicant, another Board's 242-1180 n BK 89-119 PG changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public PRIOR TO CONSTRUCTION hearing the NACC will issue an amended or new Order of Conditions. Any u V considered as changes. The proposed project may be still under review by 35. No work shall be undertaken until all administrative appeal periods from n this Order have elapsed or, if such an appeal has been filed, until all u proceedings before the Department or Court have been completed. and an explanation of the revisions shall be submitted to the NACC for 36. This Order shall be recorded by the applicant at the Registry of Deeds �-� immediately after the expiration of all appeal periods. No work shall be on a project until written approval has been granted by the NACC. undertaken until the Final Order h�s been recorded in the Registry of Deeds n or the Land Court for the district in which the land is located, within the L chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of n the owner of the land upon which the proposed work is to be done. In the �-+ case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North LJ Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the n applicant before work commences may be recorded by the NACC at the iJ applicant's expense. 37. A sign shall be displayed. at the site not less than two square feet or more t� than three square feet in size bearing the words "DEP 242-1180". Several signs should be posted along the water and sewer route on Route 314. 45 38. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the f� NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public r1 hearing the NACC will issue an amended or new Order of Conditions. Any u errors found in the plans or information. submitted by the applicant shall be considered as changes. The proposed project may be still under review by `? other local or state boards or agencies -This may result in changes to the LJ project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin v on a project until written approval has been granted by the NACC. art 39. It is the responsibility of the applicant, owner, and/or successor(s) to ensure �-► that all conditions of this Order of Conditions are complied with. The project Order of Conditions242-1180 4 NACC 1/23/03 45 ri 242-1180 BK 89-119 PG engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 4.0. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed sequence of construction, including the TIL construction of compensation and retention areas, installation of 'L; sedimentation/erosion control devices and re -vegetation to be completed before other work begins on-site. 41. Wetland flagging shall be checked prior to start of construction and shall be re-estab'shed where missing.. All wetland flagging shall remain visible and enumerted per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 42. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control theasures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 43. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 30 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. Order of Condit ions242-11 80 15 NACC 1/23/03 46 242-1180 DIV on -70 nr2 Al 44. A check payable to the Town of North Andover shall be provided in the amount of $5,000, which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority -of the local yLaw. 45. The applicant shall designate a Wetland Scientist as an "Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. This person shall be given the authority.to stop construction for erosion control purposes. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report .from the "Erosion Control Monitor" to the NACC certifying that, to the best sof his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be .visually inspected for siltation, turbidity, and/or other water quality impacts. 46. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix A" signed .ander the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. r-1 Order of Condilions242-1180 1 L P NACC 1/23/03 n 242-1180 r B8979 PG 47. Once these above mentioned pre -construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor, the engineer, wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. L, This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of theermit's terms and conditions. Thereafter, the n contractor will be held jointly liable for any violation of this Order of i� Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the r! on-site construction supervisor hired to coordinate construction and to ensure �., compliance with this Order. A reasonable period of time shall be provided as notice of the pre -construction meeting (e.g. 72 hours). r'} u DURING CONSTRUCTION 48. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire ,lath paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. 49. No exposed area shall remain unfinished for more than thirty (30) days, i� unless approved by the NACC. 50. No re -grading in the buffer zone shall have a slope steeper than 2:I �-� (horizontal: vertical). Slopes of steeper grade shall be rip -rapped to provide permanent stabilization. 51. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resouxce area, without consent and review from the Conservation Administrator. Soil stockpiling areas must be identified and reviewed by the Conservation Administrator and/or staff during the pre- n construction meeting. + 52. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 53. All waste generated by, or associated with, the construction activity shall be n contained within the construction area, and away from any wetland resource Order of Conditions242-1180 7 NACC 1/23/03 U Mil u 48 h L� 242-1180 Pk: 897, 9 Pig 49 area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable weans) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local ByLaw. 54. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 55. During and after work on this project, there shall be no discharge or spillag� of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION 56. No underground storage of fuel oils shall be allowed on any lot within one - hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This .condition is issued under the authority of the Town's Wetland protection ByLaw. 57. Fertilizers utilized for landscaping and lawn care shall be slow release, low - nitrogen types (< 5 %), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland h resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the n authority of the Town's Wetland Protection ByLaw and shall remain in L Perpetuity. r 58. Upon completion of construction and grading, all disturbed areas located L,4 outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding according to SCS standards. n Stabilization will be considered complete once vegetative cover has been achieved. 59.Ordy and upon stabilization of the site, all erosion control measures shall be removed and disposed of properly Order of Condiiions242-1180 r L� NACC 1/23/03 rl LA 242-1180 eK 8979 PG 50 60. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form SA - "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. 'The name and address of the individual/ trust or corporation to who the compliance is to be granted_ L The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An "As-Buuilt" plan prepared and signed and stamped by a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth, for the public record. This plan will include: ➢ "As -Built" post -development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ As -built location of the sewer and water lines. n ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, u sheds, stone walls, pools, retaining walls, subsurface utilities r-11 and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work' includes AU disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. U M, 4J n Order of Conditions242-1180 rt NACC 1/23/03 242-1180 BK 89119 Poi 51 R t� 61. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project- ➢ 25' No -Disturbance Zone and a 50' No -Construction Zone shall be established from the edge of adjacent wetland resource areas, except in those areas approved on the plan. Future work within 100' of existing wetland resource areas or within the 200 Riverfront Area will require a separate filing with the NACC (refer to Section XI (page 18) of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; ➢ Discharge or spillage of pollutants; Condition #55 ➢ Prohibition of underground fuels; Condition #56 ➢ Limitations on the use of fertilizers, herbicides, and pesticides; Condition #57 Order ofCondilions242-1180 10 NACC 1/23/03 242-1150 BK 8979 PG 52 n APPENDIX A - AFFIDAVIT n I, on oath do hereby depose and state: (authorized agent applicant and/or current owner) n LJ (PLEASE CHECKAr LEAST ONE BLOCK) r_1 1._ I am the of +� ( position with applicant) (applicant name or company name) the applica t upon whom Order of Conditions r have been p1qced upon by _ (DEP or NA CC uninber) the North Andover Conservation Conunission. n &/or 2_ 1 am the of (position with owner) (ownername) n the owner upon whose land Order of Conditions LJ have been placed up by (DEP orNACC number) the North Andover Conservation Commission. n & u 3. 1 hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File #) and every condition which has been set forth Li in said Order of Conditions. h & L; 4. l hereby affirm and acknowledge that on this day of 19 I inspected said property together with any and all improvements which have n been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. tJ (DEP File #) n & 5. 1 hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property whidi is subject to said Order of Conditions r1 (DEP File #) u h Signed under the pains and penalties of perjury this day of 19 u n (Signature - authorized agent of applicant or owner) U Order of Conditions242-1190 11 NACC 1116103 U r t