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HomeMy WebLinkAbout1974-1975 Minutes & Master Declaration of Covenants 2 Public Hearings Tuesday - February 18, 1975 Regular Meeting The FLA.NNINO BOARD held its regular meeting on Tuesday evening, February 18, 1975? in the Fire StatknrMieting Room. The following members were present and.voting: William Ohopulis, Chairman; William N. Salemme, Clerk; Paul R. Lamprey and John J. Monteiro. There were about 7 visitors present* E The clerk read the notices of Public Hearings As advertised, but discussion. on same was j delayed until after taking up plans not requiring approval un.dei, subdivision control. PLANS NOT REQUIRING APPROVAL: 1. MILLPOND TRUST: Co W. Trombly, Sr. represented the developer. He explained,how the Plan BARD represents a portion of the overall. plan. This plan contains-T lots so that garages can be put on the lots. The area of'the lots noted have been increased to get the proper setback for the garages. The BOARD compared this with the original plan. Mr. Monteiro made .a motion that the PLANNING BOARD endorse as not requir- ing approval under subdivision control law the plan dated January, 1975- Mr. Lamprey seconded and the vote was unanimous. 2, APPLEDGRE: Plan presented was dated February 5, 1975 in an R-3 District, Mr. .Ben Osgood represented and explained.that this is the s&me plan as the BOARD signed a few months ago, but some people are 'buying a lot and want to change the lot line in order that they can set their house baok.farther. The house will not face Johnson St. Frank Oelinas was asked about a dotted line in the corner and he said this was a drainage easement. 'They took advantage of the contours of the land for the lot lines rather than the geometry of rectanolar lot. Mr. Lamprey made a motion to endorse the plan of land as not requiring approval under subdivision control lair and Mr. Monteiro seconded. Thb vote was unanimous. 1 PUBLIC HEARINGS: 1. HAROLD PARK ESTATES - Cha.irman"Chepulis noted that the discussion of this hearing ! will be tape recorded so that the absent member, Mr. Ostherr, will be able to vote on the subject. Frank Gelinas represented the petitioner. Mr. .Gelinas described the area and :stated that the subdivision included 18 lots. All the lots are 1 acre with 150 fto frontagef ,: and there are no unusual grades in the topography, Mr, Alfred Bough, 169 Gray St., stated that his main concern was that Stiles St,,,*ould not be tampered with. Gelinas said they have kept to this except for a 50 f'ta easement which has been inserted because of future subdiVi,sions and possibl.e.greater traffic flow. There is an easement, also, at the cul de sac for an access if it ever needed to be developed through. Mr. Bough asked, why were they not informed about this before now regarding the houses on Gray $t.3 Explained these are not part of this subdivision. He was also concerned about the water table and what is'going to happen in 10 years. Mr. Minas stated that Lot #7 would require some fill. The leeching fields will be kept E some 200 fto away from the brook, if possible. All recommendation of Town Depts* were met per the preliminary plan except the requeot-by the PLANNING 130ARD that the oul de sac be graded 120.ft. This couldn't be done. They would add an easement all along the brook for 45 ft, The Conservation Commi.ssiori had recommended a 35-40 ft. easement. . /S '4i .. V I 429 WNsMDECt.AMUOR Or COMMITS, CONp'lIXONB�M ULTRICTTON3, ��.rtrraa r1GAtvN_r,D ��ve> aPM�rrr�F MILLPOND � !� NORT1t kR iv358X SOWTY MUSACHUSXTTO ! i I tR,RANBtk , This Hester DealagatloA is made on duly 12, 1974, by Robert x, Lane, Trustoo of the Killpohd Tru•t, under Declaration of Trust, k dotted Apr;ix a, 1974, recorded with tamex North District Registry j of plods in book 1230, page 02, htlrainaiter called the "Grantors", l as owners of approximatoly•twenty-two (22) acres of real, estate in � the Town .of North Andover. County of Comex, Commnwaalth of liaea� ► 1 tchuaattre &Aid rival estate being more particularly described in I Article 1z hereof, It is the intention at the Grantors to develop the above real &state as a planned townahomo community to be known at "Millpond". 1..3,135.6, 7$$ Much of the land will be devoted to residential une and owned in townehouso fashion. Other portions of said land will be uned for { and devoted to recraatlonal purpoeep lot the bonatit of all the k xownohomo Owners, occupants and their invitoes. In furtherance of this plan tho Grantors will roll and convey units As townohoma units subject to the restrictions set forth hereln. ,IJ.II.L ' '�r.C.9/1 It is the purpose of those ro st,riattons to provide it means for maintaining, controlling and preserving Millpond As a residence tiai community with the amonitius desirable for reaidonti4l, living. It in to preserve the beauty and appeal of Millpond for all future .act )) own©rs of property thereain thttt these restrictions are ertabltahod, �f 7 ,f�9�• r ! and the intention of the Grantors is that the provisions hardoe *hall be undorstood and construed to achieve that ob)ectives. Every person ; by acceptance of tha Dued to his townehomo does thereby agree to bo k • bound by tiro covenante, conditions and rnstricttona of thin faster „I i Declaration. �L 17 • i f t A 430 ARTICIX I - OOP1"XTION3 Vnloae the context otherwise specifies or requires, the team � dofinod in Article I shall, for all purposes of this Declaration# have the anoaningas herein specified. Art r•jna. The terns "XrcticlG$" shall mean the Astitles of Organi.a n- Lion of the Millpond Homoownera" Association, Inc. (the Corporation), which Are on file in tho office of tho Secretary of State of the Coruwnwralth of Hansachunettn, a true, copy of which is on file rFt that principal offiao of tho Corporation, and such amondmonts thereto as may fromtimo to 'tima be properly .made. k3omra. The terra "hoard" shall moan the board of Directors of the Corporation. 11w�, The team "Ilylaws" shall moan the bylaws of the Corporation which have been adopted by the Hoard and incorporaatod herein by retorenco, and such amandmenta to such Bylaws as may from time to time be enacted. CnMmnn Boo "Community Areas". f CO -iorl Ch.irne-1. The term "Commn charge" or "common exponse" shall t! o,^those eurnrnon exponmes incurred for the operation of the community } Arran an+l the Community of Millpond as mat forth An Article Vi1X of a i the Dylown. Cow +or Crnrn^ha.. Sao "Common Charges". Co�r^rrrnttyArelz. The term "Community Areas" or "Common Areas" shall mean thou* areas which' are owned by the Corporation and do not belong to any lot, which are to be, devoted to recreation, conservation, and other community functions, which areas the Grantors intend to convey to the Cor;)oration and areas concorning which oasomonts have boon or will be conveyed to the Corporation for tho benefit of all Townehomo Ownora. g!ji�n-jntty of Mlll onc1. The term': "Community of Millpond" or "Millpond" shall mean all of the real estate described in Article IX of this Xnetru- M^ht and shown on the Plan or any land and improvements added thereto. ' Corrar,ition, The terns "Corporation' shall A)oan the Millpond Homeowners, AsaQciation, Inc. ' FiMc%%1 Year. The term "fiscal year" shall mean the calendar Vear tanlesrr changed or modified by the Board of Directors of the Corporation. Clr.1'►kn n. The tern "arantors" shall moan the Trustees of the Millpond Trust, under Vaclaration of Trust dated April 3, 1974, recorded with Ennex North Afatrict Registry of paods in Kook 12380 page 92# or such peroon(s) as may be, designated by the Trustees, ao aforesaid. ,rTnoroyemrnt. The term "Improvement" shall include buildings,out- buildinga# paEtios$ garages, carports, QrKivoweays, fences, walls, stairs, dock$# poles, signs, tennis courts and all struetores of every type and kind. { r i t ! The term "lot" shall, mean the land together with improvements conveyed or tv be conveyed by deed to a Townehome Owner by the Or4ntors Including lot* unbuilt upon owned by the Grantors. ion- QRnn,breas, The term "l,ot Open Areas" shall mean all areas cones voyod to a► Townahome owner except that covered by building, garage, s patio, balcony, terraces, or enclosed foncodFin areas appurtenant I • t0 tho tpWn6llQme. bantor nnr.,}nXnti2a. The term "flaeter Declaration" shall mean this Instrument made by the! Orantors and incorporated by ruteroncerd herein I and such amendments to this instrument as may from time to tuna be made. ombr.r. The term "Member" shall moan any hereon, corporation, partner- ship, joint venture or other legal entity which is a mombor of the Corporation as defined in Article IV, Section 2 of this Instrwnent. ! +li,ltnond. bee "Community of Millpond", ' i llrond rnntrlctions. The term "Millpond Raatriotions" shall mean ; k tho covenants and restrictions contained in this Instrument. tii�lnond Pulr,$ and Rerjuiations. The terns "Millpond Rules and Regu ations" or "Rules and Regulations" shall moan the rules and regulate ! tionsk ae adopted by the Board or the Corporation pursuant to this fq instrument and the Bylaws as either may be amendod from timo to time. 44 Owner. Tho torm "Gwmor" or "Townahomo Owner'" ahall mean rho person or persons owning a townchome within the Community of Millpond, Faison. Thu term "person" shall, mean an individual, corporation► ; ` # unincorporated association, partnership, joint venture, t9vatee, cenuaicvator, administrator, or any entity which has the right to , hold title to real property. k7n. Thu term "Plan" shall moan the plan datod February, 1974, � prepared by Northern Asaociatas, Inc., recorded as plan No. 69B9 in moor North District Registry of Deeds, including any modification thoroof duly recorded with said Rogistry of Doode. tronerty. The term "Property" sh411 mean the land, buildings, and all other improvements thereon (including the townehomos and• the ; Community Areas hold by the Corporation) or areas concerning which easements have boen granted to the Corporation and All other rights, easements and appurtenances bol6n9ing thereto and all other property$ Kraal porannal or mixed, intended for una in connection therewith, { except that property granted to each Townehome owner in his individual deed and concerning which no easement has boon renerved by the Grantor's either conveyed or to be conveyed to the Corporation. Rnsidcn.tfai .Arears, The term "itosidential Areas" shall roan, the townehonw, s and appurtenant garage, patios, fenced-in areas, balconlos, and terrooes. ! Rc;attictlgn2. Soo "ftllpond Restrictions". --�- uie- and._Rr.aulations, See 'Xillpond Rules and Regulations". I i J �-�-. .-ram � -�� .•r--� .----r. ..- «__ -Iw•�+w.. ...n-� �+.r I Tawnr,ho"e, The term "Townehoma" or "Wwnehouae" shall mean the attached residential dwelling constructed upon A Lot in the Community of Millpond. Toknr-1)o,-to ! r. The term "Townehome Owner" or "Owner" shalt mean the person(s) owning a townehorno within the Community of Millpond and for the purpoQe* of voting *halt include both Clans A and Clt+s■ D mombo re. A"ICLE II - PROPERW SUBJCCT TO T112 MILLPOND PXSTRICTIONS The Property subject to tb� Millpond Restrictions shall be the land preoently owned by' the Grantors which is shown on Flag 6909a dated Feb- ruary, 1974, recorded in Essex North District Registry of Deeds, includ- ing any subsequent modification thereof duly recorded with said Registry# and the improvements to such property. ARl`ICXX IXI - rd= Ct ASSIPICATIONS, PROPERTY USE An RESTRICTIONS Section 1 - General Tho land within the Community of Millpond is divided into Com- munity Areas, Pesidontial Areas, and tot Open Areas. Section 2 - Community Areas* Permitted Uses, Restrictions, Construction ` and Alteration of Improvements. The Grantors intend to convey the Community Areas to the Corpora- tion. The Community Areas shall be used by the members and their invitees for recreational purposes and to enhance the enjoyment by such members of the natural environment of the Community of Millpond. AThe Coaununity Areas shalt not be used for any other purposes. No + improvcmments, excavation or work which in Any way Alters any Community ! Area from its natural or existing ,Make on the date such area was eon- veyod to the corporation shall be mado or dons excopt with the rostri.c- tiona and limitations of this section4 a) tta por on other thus: the Corporation or its duly authorised ar)4f1ta or the Grantors shall construct, reconstruct, refinish, altar, or maintain any road or improvoment thereupon, or shall make or croate any excavation or fill upon, or shall change the natural or existing drainage of, or shall destroy or remove any tree, shrub, or other veg- etation from any CoMunity Area. The Corporation shall have the right:# At any ti.ma to plant, replace, maintain and cultivate *shrubs, trees, grass and plantings and to construct, reconstruot, refinish, oltf r and maintain any road, wAlkaay,. or improvement: on *ny proporty imithin Community Areas. xx-4 777 wax" b) Grantors" Plans and Specifications* The Grantors shall from 36 } cmw to trims file with the Board, all defined herein, such plans and i `• spe01fi.C+tl,ons As they may have for the purpose of amaintaining a ,par- ` ; manent. record of tmprovoments constructed on any Community Area. 1 t ci No part of the Community Arena shell be used for parking or storing of trucks, other commoxcial vehicles, boats, campors, trailers i or other voicles, items or goods, except boats without motors may be is permitted his provided on Stevens pond, but not Mill Pond, in accordance with the hulas and Regulations as may be adopted by the hoard of directors, � d) No part of the Community Areas shall be used for repairing, ' F maintaining, washing or storing of permitted motor vehialex$ provided + further, that any motor vehicle that is not operable turd/or not regis� f tarod is not permitted in the Community of Millpond. l i e) The lea of the Community Areas by all they Owners and All }}� Other persons authorized to use the same shall. be At all times subject � �y to the 9ylawn and ouch Rules and Regulations As may be prescribed and i �. established governing such use, or which may be hereinafter proscribed l - �E and established by the Board. Section 3 - Residential Aroasr Permitted Uses and Restrictions, Cony ' } atruction and Alteration of Improvement. ! j i The M sidential Areas shall include the tow•nehome, ap,purtenan t i gArage, balconies, terraces, patios and enclosed courtyards. ' t 4) No lot open aixea or xesidenti,al area may be dividad or i subdivided into a smaller area, nor may any portion or portionR thereof be soldt provided however, that notwithstanding the foregoing, the Grantors until until such time As tho townehomos have boon sold may modify ,lot lines on lots owned by them, whothor built upon or not. h b) Each townohomo ,is hereby restricted to roaid'ontial use by the Owner thereof, his lassces, his inmiediate family, ducats and i invitees. Each townchomo shall by parmanontly occupied by no more than two peroona per bedroom as a Dingle-family residence and for no other purpose, Notwithstanding any provisions of this section to the contrary, howavar, the Grantors have the right until all hots are Init- ially sold by thorn to use any Rosidontial hroa, Lot Open ?heal, or Community Aroa owned by them for models and for saleo, construction. ; storage and admtniatratian. t c) 8ach garago is horoby restricted to use for ,parking K duly toglatarad and operable private passongox automobile owned by the owner of tha garages or his loouce as provided heroin, and for miucal,lanaova i storage purpoaos, not otherwise restricted heroin. Garagos ,nay be 1 leased only to other T'owr;uhomo Ownars. d) 'Tho use of the Rosidontial Arass by all poxaoAs authorized to Use snrna shall, be at all times subject to the nylaws and Murh .Rules and gagulationa as may be ,preseribod and •etahlishad to govern such use, f Y 11-6 I ' 4 i , 1 C U rk 1 iG4k 4 43-1 .. or which may be hereinafter prescribed and +establJohed by the Board. es) The balconies, terraces, pat,i.00 and enclosed Courtyards anet appurtenances theroto are subject to ouch l.imitationa and conditions as ara imponed by tho board. Provided, however, that other; than chairsi benches, tabloo of ouch numbox and ouch type as Ara ac tivaly used for residential purposes, no other goods mateei&ls, including awnings, fix- ations, paraphernalia, are to be affixed, placed or stored on paid balconies, torraces, patios and enclosed courtyards, except with the approval of the Board. f) Tho corporation also reserves the right and easement to enter onto tho adjoining premises from time to time at reasonable houre for the purpose of raconstrueting and repairing adjoining towrle- hornes and to perform any obligations of the Corporation requixsd or permitted to be performed under this Master Dae:larati,on or the bylaws, g) No ,part of the Residential Areas or Lot Open hreaa a?xall be, Used for parking or storing of trucks, other commorcial vohiclos, boats, campers, trailers or other vehioles, itams or goods. h) Vo part of the Residential Areas or Lot open Areas shall Do used for repairing,• maintaining, washing or storing of any per- mitted vehtclo. Provided further, that Any ,private paoaangar auto- mobile that is inoperable And/or unregistered in prohibited from the Community of Millpond. 0 The maintonance, 1rep4ir and improvement of the exterior portions of thk Rooidential Areas shall be performed by the Corpora- tion. The coats of ouch maintenance, repair and improvements shall , ba a 000mon expanse and shall, be allocated and asooeaod to each Towne- hoe:ua Owner in the Community of Millpond in the sarog manner as any other common expanse. section 4 riot open Xrvast permitted lines And Rostrictions. a) The Grantors reserve tho right and easorwnt in addition to those shown on the plan on all soot Open Areas to enter upon said lots 'for tho purposes of installing, repairing and maintaining utility lines, includtiiq eloctrie, water, sawer, drainage, walkways, drivowikys and parking arras for tha purpose of serving Community Areas and/or other townehomes, as the case may be. b) The Townohomo Owner's use of-him respective lot Open ArsA shall be controlled by the Millpond Rastrictionu, the irestrietions contained inthe Bylaws and the Millpond Rulas pad Regulations in effect or hereinafter adopted by the Corpoxa<tiont and provided that although the Townehomo Owner: owns the said lot, the Lot Open Areas shall be maintained in their nutur,al or improved state for the bentflt � of the Community of Millpond and the Corporation. Suction 5 * Roadwhys, Walkways and Parking Areas, a} Any Arid all roadways shown one the PlAn, rsgardless of who own* the lee tboroin, shall bs subject to ail •akemnAt for the benefit I i 436 I' Of all tombers in cowwn with others entitled hereto to use the am * for all, purposes for which xoads and streets are used in the Common wealth of Massachusetts 1 bj The mointenance, repair and improvement (including &now ren+ovAl) of -roadways shall ba performod by the Corporation. The costs " of such Maintenance, repair end improvements shall be a common expense � G and shall, ba allocated and asaessed to *&ch Townehome Owner in the Community of Millpond in the same Manner as any other common expense c) The outdoor parking spaces are intended to be used solely for duly rogiatered and oporable private passenger automobiles of I, occupants of the townehomoa and their guests, and ndithor the outdoor 1 parking spaces nor other outdoor areas are to be used for repairing, amaintAining. washing or ator" of said permitted motor vehicles. d) The outdoor parking spaces shall not be used for the parking or storing of trucks, other commercial vehicles, boats, j campers, trailers or other vehicles, items or goods. Section 6 - Comwn dements and .Encroachments a) Pipes, ducts, Cables, wires, conduit$, public utility liner &nd other common elements located inside Lots. Each Townehom© Owner shall have an oasement in common with all, other Townohomo owners to uao all pipes, wires, ducts, cables, con duita, public utility Linea, and other elements located in any of the p other lots or community Areas and serving his W t. Each Lot and Com- I munitk Aroa shall ba subject to an easement in favor of other Wts to II use the pipes, ducts, cables, wirev, conduits, public utility linos and other elements serving other Lots or Conununity Areas and located ` in each such lot. In addition, each lot shall be subject to and shall have eaaemonts of support and shelter from and over such iota And the Community Areas as may be necessary for the quiet enjoyment of such lot. The Board shall have the right to reasonable access to ! each lot and building thereon to inspect the samo, to remove viola- tions therefrom and to,maintain, repair or replace the slemont common to it and other iota or Community Areaa and such appliances and facil.- Atlas which the Corporation has the duty to maintain contained therein or elsewhere in the buildings. ' b) ' Encroachments Zf any structure of the Community Areas now or hereafter encroaches upon any lot, if any structure including townehomes intended ` to be totally on any lot now or hereafter encroaches upon any other lot of upon any portion of the Community Areas as a result of the construction of the buildings or if any such encroachment shall occur after such construction as a result of the settling of shifting of the buildings, a valid easement shall exist for the encroachment and j � I f , I , S I • I for the maintenance of the same so long as the buildings stand ,ehal,l exist. In the event any building, any lot, and Adjoining lot, ar any adjoining Community Area shall be partially or totally destroyed as a . result of tiro or as a result of other casualty or as a result of a condemnation or eminent domain procoadings and then rebuilt, encroach- ments of parts of the Community Areas upon any lot or upon any portion of the Community Areas due to such rebuilding »hall be permitted and 4' valid easements for ouch encroachmonts and the maintenance thoroof shall exist no long as the buildings shall stand. Section 7 - >rnroraoment The Corporation+ acting by its Board, shall have the right to levy, without lurthar legal action, liquidated charges for violations of the restrictions in this instrument, the Bylaws, and the Mixlpand Rules and Acgulations, provided that the charge for A. single violation may not exceed Ton Dollars (010.00). ! och day that the violation con- tinues after notices, It ch,%Il be connidored a separate violation. ' My charge so levied is to ba collectod in the flame manner as a common charge against the particular Owner involved, and collection may be unforced by the Board in the same manner as it ie entitled to enforce collection of common charges. Such levy of charges shall not replace nor abrogate any action for damages or Injunctive relief am provided by law or tho power to suupond membership privileges, AtTME z'V - MILLP011D 110MOWNERS' ASSOCIATION, INC. , Section l - Organization The Corporation, a non-profit Hassacbvvetta Corporation has been organized to perform the functions described herein, except for thoaa to be porformod by others an sot forth heroin. The Corporation shall ba char+tnd with the duties and have the powers prancrfbod by law and out forth in the Articles, tho Bylaws anti this Hooter Declaration, Voithor the Articles nor the Dylaws shall for any reason be amended or othorwiae changed or Intorprotetd so to to be inconsistent with tho M.tdtoc Declaration. Section 2 • Members Every person who is an owner of record of a fee or undivided, fee interest in any townehome, or lot in the instance of the Grantors only, whicb is subject by covenants of record to asueasmont by the , Corporation shall be a member, provided that any such person or entity who holds Such interest merely as a security for the parformancs of an obligation shall not be a member. There are two classes of member, ship* Townehome owners and Grantors, as is mot* fully idescribed In the Articles and the Bylaws, ' t IYrB ' i r t - -...._...:..-..�....�..r-...*.... ..._+•.-.�»..-..,_..w�w►...�..-�.r.ec-........�"'T.....,.,...r.�,:a..*w`r.i tin. .....� '.. .... ..~. r � • i aeatton 9 Duties of the Corporation 437 Subject to and in accordance With the Millpond Restrictions, the Articles and the Bylaws, the Corporation shallbav4 the follow-, ing duties to be performed for the benefit of the members of the Corporations A) Operation of the Community Areas - To operate and maintain or provide for the operation and maintenance of all Community Areas and to keep all improvements of whatever kind, and for whatever purpose ' from time to time located thereon in good order and repair. b) payment of Taxes— To pay all real estate and personal property taxes and assessments levied upon any proporty owned by the Corporation. Such taxes and asooesmonta may be contested or compromised by the Corporation. Any taxes or ansossmonts levied on any Townehoma shall be the •rosponsibility of the owner of such townehome. c) public Service - To contract for or provide (to the extent ' adequate services are not provided by a public Authority) such police i + and fire protection, refuse disposal, and other sorvicos, facilities F and maintenance of a public or quasi-public nature as may be desirable ' for tho offoctuation or porpatuation of the purposes of the Millpond Restrictions. in connection with the providing of such facilities and t{ services, tho Corporation may contract with or delegate its duties to j any public authority, governmental body or spacial district. 4 ii d) Insurance - 2•a obtain and maintain in force such inouxanca t as the Board shall doom necossaryto protect tho Corporation from loss by reason of fire or other casualty and from liability for personal injury and property damage of the Community ]areas and buildings and to obtain and maintain such fidelity and other bonds as the Board shall deem appropriate to protect the Corporation. Tn addition, to maintain as a common expanse such insurance as the Board shall doom necessary 1 to protect the Townehome owners from loss by roason of fire or other casualty and from liability for personal injury and physical damage to cover the buildings and improvements of the Townehome Owners. Section 4 - powers and Authority Corporation of the Cox ration Who corporation shall have all of the powers of a nonprofit corporation organized under Chapter 180 of the General laws of the ` Commonwealth of Massachusatts, subject only to such limitations upon 5 the exercise of such powers as are expressly sot forth in the Articles, the Bylaws or the Millpond Restrictions. it shall have the power to do any and all lawful things which may be authorized, required or permitted to be done by the Corporation under and by virtue of the Millpond Rostria- ttonu, the Artlalos and the aylawa, and to'do and porform any and all acts which m��y bu nocuiivary or proper for or tnaldontnl to tho exarclxo of any of the expruaa powers of tho Corporation, or for the peace, health, comfort, safety, or goneral wolfare of its membars. Without in any way limiting the generality of the foregoing provisions, the Corporation shall have the power and authority any times 11-9 1 B R 12 4 7 �. -....�. 43S ` a) To arsons each 'Townohome Owner for his proportionate share ; of the oxpi,n000 of operating, wtintaining and repairing the property, h) To nrnsit and convoy any third-party ananmr+ntsl, rights-of-way, parcels or strips of laird in, on, over or under any community Area* for tho purpono of constructing, erecting, operating, using or main-; dining thoreon, thorain, and thorounderi ' (1) roads, walks, driveways and park areas) (2) overhead or underground lines, Cables or other devicse for the transmission of electricity, tolaphone and other purposed (l) pipan, water systoms, sprinkling systems$ (4) any similar public or quash-public improvements or facilitiost raid (5) provided that until the construction of all the townchomos boa been completed, the Grzantors shall reserve the exclueiva right to grant ouch aasomonte. c) To employ a Managing Agent, and such other employees as are necessary to carry out the responsibilities and duties of the Corpora fttion. d) To make contracts, give guarantees and incur liabilities, 1 borrow money at such rates of interest as the Corporation may determine, iasue Ito notes, bonds and other obligations, and secure any of its obligations by mortgaga, plodgo or encumbrance of or security interest In all or part of its property or any interest therein, wherever situated, Section S w Millpond Rules and Regulations a) Rulemaking Pownr ` subject to the provisions of the Millpond Restrictions, the $oard may from time to timo adopt, amend and repeal rules and regu- lations to be known as "Millpond Rules and Regulations" or "Rules and Regulations" governing, among other things, use of the community Areas. maintenance, repatr and decoration of the exterior of the townehomes. structural changes in the townehomes (collectively to be referred to as "the Areas"). Said rules and regulations may include parking � ` restrictions and limitations# limitations upon vehicular travel, f restrictions on the type or typos of vehicles which may be permitted to use such areas, and restrictions on'the maintenance or landscaping s or other improvements in such aroasl provided that with respect to us* of such aroas the rules may not discriminate among members. b) publication of Rules A copy of said rules, as they may from tine to time be adoptedo emended or repealed, shall be kept in the Office of the Beard and shall be available to each member during reasonable hours, but need not be iocorded or filed. upon adoption, said rules and regulations shall' have the same force and effect as though they were set forth U and? were a part of the Millpond Restrictions sad the Bylaws of the•Corpov- -10 I i , so msanber of the Board, nor any employee of tho Corporation t } shall be personally liable to any member of the corporation, or to i any other party, for any dsarmags, loss or prejudice suffered or claimed on account of any tot or Omission of the Corporations the j . Boar4, the Managing Agent or any other representatives or employees i'. of the Corporation, except for his own individual misconduct or bad �+ faith. ARTICLE V - BOMB Or DXRECTOP.% i The management of the business and conduct of the affairs of the Corporation shall be vested in the Board of Directora, which to the 4 + extent permitted by applicable law, shall have the powers and duties !: riot Forth in the Articles of Organization, the bylaws and this Instru j • S e IM}nt■ Section 1 + operating Fund The Board shall establish an operating fund for the Corporation +, into which shall bo deposited all moneys paid to the Corporation and from which diabursoments shall be made for expenses incurred in con- ` s, nection with the functions and the duties of the Corporation under ` the Millpond Restrictions. Section 2 Operating and Maintenance Expenses I i a) Budget, Assegument. + i At •leaso thirty (10) days prior to the commencemont of each fiscal yoar, the. Board shall prepare and adopt a budget for the is Corporation refleoting an estimate of the expenses to be incurred { by the Corporation during such fiscal year in parforming its func- tions. Said oatimatod expenses shall be divided by the total number �a of townehomes than within tho Community of Millpond (including those, if any, which may than be owned by the Grantors) and Anoeoned in the i following manners each owner shall be liable to the Corporation for that proportion of the estimated oxponses which the number of towns- � homes owned by hiss bears to the total numbor of towoohomas then exist- s j tag In Rho Community of Millpond. The expanses so allocated shall be G :( a lion on the property of such owner and ahall remain ouch until such ' expenses are paid. i b) Additional Expenses s •. If, at any timo during any fiscak. year, moneys additional to that i, racnivod by tho Corporation pursuant -to paragraph a) of this section are neodod, the Board may prepare an estimate of additional expenses s ( t+hich amount chalk. be assesood to eaah owner in accordance with said paragraph a). i i _,__,�...,.....,... _,�.�. B K X 2 4 7..,.. ._. ... .. `� 4.40 c) Tho exponsae aseosaed in accordanae With paragraph 9) of this Section 2 shall be duo and payable to tho Corporation by each owner in monthly Installments as may be determined by the Board. �. d) Obligations of the Grantors and Owners 4 Each Owner (including Grantors) shall be liable for his share, of � all assasamants levied pursuant to the Millpond Pastrletions for as long as he owns his townahoma regardleau of his use or tionuee of the townahome or of the Cor=unity Areas. Upon the recording of a dead convoying titla to such townohome to a now owner, the conveying owner (including Grantors) shall not bo liable for any assessments levied against the townehoma or dwelling after the date of such rocording► provided, however, the recording of such dead shall not relieve a convoying owner (including Grantvrol of the obligat,iot% to ray assess- ments levied against such tOwnehomo prior to the date of such convey- ance. Section 3 - Reimbursement A480sament The Board shall, cause to be levied a raimbursement asseaement against any ownor(a) Within Millpond (including Grantors) where, as a koault of that owner's noncompliance with rules and regulations& monoya wore expanded includinq legal services by the Corporation to cuin the noncompliance. Such an aaaaaamont shall i;e limited to the amount so expendad and shall be duo and payable to the Corporation forthwith And shall be a lion on the property of such owner and shall remain uuch until such oxponaea are paid. Section 4 - Enforcemont fn the event of a delinquency in payment of any aaaessmen t made pursuant to Section 2 or 3 and in addition to any other remedies herein or by law provided, the Board may enforce each obligation by an action at law eom 6 ncad and maintained in the nano Of the Corporation in any Court of compatant jur.lndiction. Zach owner shall. be personally liable w� for his share of such axponses hereunder. Aiti' TZ Vz LEASE "M SALE OF TOWNEHPMBS Section I. - Restrictions of Lease for one 41) Year or tens } The townehomea shall be aubjeot to the restrictions that, unless If otherwise parmittod by instrument in writing duly oxacutnd by the Board pursuant to the Bylaws of tho.Gorpoxation, no townehomo shall be ranted, { lot, leaned or licensed for use or occupancy by others than the owners, or thair families, except for such periods and to Such persons who have first been approved in writing by the board, provided, however# that such approval an to periods of one year of less are discretionary with the Board, however, .s to persons, the Hoard's discretionary powers ■ha U not be exercised so as to restrict thN OCCupanCy b*00,usa of race, creed, sex, color or stational origin. 21-12 f l ' . • ...+ - ..--.....r....,.w..,.t...t.., u' ♦ ..wA.t.Y...�...wsw.H.ia.tr.µ.i♦ti.... :.,...�...V. ... i $K 1 2 4 7. section 2 alight of Pirst mfusal 1 j The Corporation shall have a right of first refusal with respect to all ■elms of townehomes (except initial sales thereof by the Grantor* of their assigns, the Caclarant hageof), and to that end no owner of + r � 1 any townshorce shall ■ell or convey the sane to any person other than a spouse or child of Much owner unless (1) the owner has received a bona - fide offer to purchase the townahoma, {1) the Owner has given the board � of the Corporation writton notice stating the name and address of the ' offotor and the torms and conditions Of said offer and the encumbrances j f tubjact to whtch the t0wnohomo is to be convoyed, and containing an offer by the owner to moll said townehoma to the Board of the torpor- ation on the same tormn and conditlons of the bonafido offer, and (3) the board shall not, within ten (10) days after the receiving of j Much notico, Nava given the Owner writton notice of the election of 'If the board to Purchase the townohomo in accordance with the offer, In r the event that the Board shall so alovt to purchase, the dead shall + be delivered and consideration paid at Umax North District Registry ' of floods at 1100 a.m. on the thirtieth day after the date of the ! s giving of such notice of election to purchases In the event that the board shall not so elect to purchase, then said Owner shall be free thereafter to sell and convoy the townchoma to the offeror named in tho Owner's notice at a price not lovor than that mpociflad therein, but th'o Owner shall not sell or convoy the townshome to any other per- Non or at any lover price without again offering the same to the Board. Tho proviolonoof this section shall not be construod to apply to bona- fide mortgages of any townohome or to sales or other proceedings for the rorecloaure thereof. For purposes of this section# a loaae or ; tenancy or occupancy for more than one (1) year shall be doomed a dale for the purposes of this soction and exercisable in the manner eforeaaid insofar as applicable, oxcopt that in the event the Board � shall elect not to leaua, the Board's approval of such ieaac shall be i In accordance with the provisions of Section l of this Article, The rights of first refusal hor4undor shall not bo exorcised so as to restrict ownership, use or occupancy of townehomos bocauso of race, creed, sox, color oir national origin. No Owner shall be liable for any branch of the provisions of this section except such as occur ; during his or her ownership. In any avant, the right of the Board to elect to purchdso undor its option of first rmfuoml shall be subject to the provisions of Section 3 of this Article. Section 3 - Approval of Purchase ! The Corporation, or its nominee, may purchase by and through the Board, A townahome dlroCtly from the owner in +accordance with Section I 'of this Articlo or at n foreclosure male, provided, how- i ever, that any such purchase by the Corporation shall have the prior , approval of mighty-five percent (05%) of the Townehome Owners. r f t IY-l3 3 1 1 I f Iw�. q,.hrW..f'.•.....L.A.�VIM MII�'�I�IV.�NA�... . . ..' ♦ w.w•....� .w�.. ...w r.+w�I.r+w....-. ..-..iw.� _. .. • l ' - Y s• a [l1 1 :4'11Z Provided further, that in the event that the majority of the Doard does not dnsiro in either of the aforesaid instances to purchase aaid townehome, than no further approval, or disapproval shall be obtained from th4 To-,Mebome Ownera. Section 4 - Payment for xownehomeo Pur0 aced Payment for townehomas acquired by the Board on behalf of the members of the Corporation may be mado from working capital and/or cowman charges in the hands of the Board of D irectoray If much funds are inoufficiant, the Board may levy on assnoomont as a common charge ' against the owners, which anscaument shall be enforceable in the same manner as provided in Sections 2 through 6 of Article V1I1 of the Dylawn, and the Board in its discretion may borrow money to finance, in part or in whole, acquisition of any such townehomer provided that no financing may be secured by an encumbrance or hypothecation of ony property other• than the townehome in question, together with the Appurtenant Intorvstm, no to be acquired by the COrcporation. Section 5 - Rights of Grantors in the event an owner douires to place his toWahoma for bale or lease, the Grantors, the tDoclarant hereof, shell have the exclu- live right and agency to solact and designate the portion or portions { to act for a period of sixty (60) days as the sole agant(m) or broker(@) for and with renpoct to the sale and tha letting or leasing *f each townehomo by tho owner thereof, and to that and any owner of any towns+• y home who denires to sell or to lest or to lease any townohdmo shall so ' notify tho Grantors in writing, and within ton (10) days thereafter, tho Grantors shall notify such Owner of the namo(sl and addrous(os) of the pardon or portsbna salactod and dosignated to act as solo agent(#) ( or Drokex(o) for a period of sixty (60) days thereafter, and upon the sale or letting or ioaeing of such townalhoma, the agent or broker offrcting the same shall be nhtitloA to, upon the selling or Letting of the townehomo of the Owner. a Commission at the rats than custo- marily ur,od by the realtors in North Andovor, provided further that the above Rights of the Grantors shall terminate when the initial sale of the last townehome has baon completed:. ` Section 6 - No Severance of Ownership No Owner shall, execute any dead, mortgago or other instrument conveying or mortgaging title to his Lot without including thorain' the appurtenant intarost■, it being the intention hereof to prevent " �. any sovoranca of such combined ownership. Any such dood, 'mortgage or othot instrument purporting to affect one or m*re of such interests, without including all such interesta, shall be doomed and taken to include the interest or interests to omitted, even though thor latter 11-14 . . .. - e• ..r ♦....� �.. .i.-.w'M..ys lu r•.ti- s� .n.JHJFYy M♦ .r.w.nv .I:r Shall not be sxpro Wy mentioned or described therein, go part of the appurtenant interest of any lot may be •old, transferred or -otherwise disposed of, except as park of a sale, transfer, or other disponition !� Of the Lot to which such interests are appurtenant, or as part of a !� sale, transfer or such other disposition of such part of the appurtenant . interest of a7,1 lots. AFCTiCY,I; VtY - MOIiTGJ1GEB STATUE r A mortgagee acquiring title to a lot by fotoolosure or by dead III in lieu of foreclosure shall continue W be considered a mortgages as well as the owner of such lot until ouch time me a document ovi- denting ark intent to merge the legal and equitable interest is executed by the mortgagae and in recorded in the land records. 'f ARrICY.Z V11% COND WATION Section ]. - Partial raking without Direst Effect on Lots If part of the Community of Millpond *hall be taken or condemned by any authority having the power of eminent domain, auch that no lot In taken, all compensation and damages for an account of the taking of the Community Areas exclusive of compensation for consagtsential damages `1 to certain affected Iota, shall be payable to the poard and to the I Insurance Trustee established pursuant to Article x of the laylaws as the parson to whom insurance and other awards in excess of 025,000 Ore paid as trustee for all townahomo owners and mortgagoos according j to the loss or damages to their respective interest in ouch Community Areas. The Corporation acting through the Hoard shall have the right to act on behalf of the owners with respect to the negotiation and litigation of the issues with respect to the taking and Componaation affceting the Community Areas without limitation on the rights of r the Owner to reproeent their own interest. Such proceeds shall be y used in accordance with the provisions of the Bylaws. Nothing herein Is to prevent owners whose lots are spatially affected by the taking or condemnation from Soininq in the condemnation procoadings and , i petitioning on their own behalf for consequential damageo relating jl i to loss of value of the effected lows, or personal improvomants � t theroin, exclusive of damages relating to Community Aroaa. In the, ! event that the condemnation award does not allocate consequential 1 damages to spactfic owners, but by its terms includes an award for f zvduction to value of lots without such allocation, the award shall ba dividod baton affected owners and the Board as the interest may appear by arbitration in accordance with the rules of the Marican Arbitration Aseoaiation• s Ix-1x e , i i 7 I 14A R Section 2 - kartial or Total 'faking Directly Affecting Lots If part or all of the Community of Millpond stall be taken or condemnnd by any authority having the power of eminent domain, such that any lot or a part thereof (inoluding specific easomonts assigned to any lot) is tnken, the Corporation shall have the right to act on behalf of the owner* with respect to Community Areas se diacussod in Section l of this Article, and the proceeds shall be payable as out- lined therein. The Owners directly Affected by such ta}ting shall represent and negottate for thamaelvas with reapect to the damages affecting their respective Iota. The Doard Of Directors shall first oat apart a portion of the Community Areas in as reasonably similar betting as the lots takenk shall reaubdivido now lots which shall bd offered to the affected owners. If ouch owners accept the now lots, the w44krdn so made shall be distributed through the Board first to reatoia the lots and buildings thereon and common buildings or fac- ilities on the remaining Community of Millpond Itt the same manner � an provided to rebuild buildings an the now iota of the same number, size and basic plan an to the Iota taken with any excess award distri- buted in accordance With the provistons of the Bylaws. Xn the event that owners do not accept the new lots, their portion of tha award as established by the taking authority shall be first paid to mort- gagcoa appearing in the Essex North District Registry of DeaAs, and s ' then to such owners. In the event that the Board doto rminaa that such 1 a taking a* removes land and buildings containing lots that they can not effectively be restored or replaced substantial,lyin compliance ; with the building plans, and unless eavonty-flvo percent M%) of the owners and holdars of first mortgageaencumbaring seventy-five percent (75%) of the lots aubjoct to mortgagee vote to accept aft alternative plan, then the Corporation shall submit tlia issue to arbitration in ` i occord,ance with the Ruxoa of the American Arbitration Anoceiation for remedies with roapact to the continued ownership or reform of tho Community of Millpond, the divisions of the Award a$ to tho taken , and remaining Iota, and such other remodLes as may ba required. ARTICLt 1X - MzaCE & NZ0U8 VA0V1GX0Ha , section 1 - Amondmont and Duration a) Amendment or Repeal Except as otherwise exprosely provided in this Master Declara- tion, thin instrbmant may bo amended or rapoaled at any time byi t (1) a vote adopting, or written consent to, the proposed amcndmant or repeal by a m4jority of the Board ratified by a vote, of throa-;fourths of the owners within Millpond (including , Orantors). Such amandmont or repeal shall, not be affective Until there has been recorded in Essex North District Registry of Dfads a certificate signed by the Clark or Assistoot Clerk Zt-ib i q . i �! of the corporation -setting forth the amendment or repeal end 445 ! �j' the facts relating to its adoption by the Board and the owners. (2) for a period of five (5). years from the date of recording of this Raster Declaration, the written coneent,of. Orantors of any amendmant or repeal shall be required by the i foregoing subparagraph b) buration,of Restrictions. � Subjeet ,to the provisions of paragraph a) of Section 1 hereof, j f • this instrument shall remain io full force and effect until 3'uly I, ; ' 1999. Thereafter the term of the Master Declaration may be extended for further periods of twenty (20) years each, in the manner provided ( LA Hassachuaette Caneral Laws o, 104, subsection 19, as it may be 1 amended from time to time. I �t section 2 •- Enforcomant and Non-waiver E a) Right of Enforeemant The Millpond Reatsictions are for the benetit of ail the land s contained in the Community of Millpond and shall rm with the land. Except as othorwiaa providad herein, any owner, the Grantors or the Corporation (irrespective of whether the Grantors or the Corporation than own any townohomeu within the Community of Millpond) shall have ' the right to enforce any or all of the provisions of the millpond Rostri,ctiona. b) violation of Law Any violation within the Community of Millpond of any state law , (' or town bylaw, or any regulation pertaining to the ownership, occu- ; V ation or use of any•proparty is hereby declared to be a violation of the Millpond Restrictions and subject to any or all of the enforce- ! 1! Mont. pr000duran cot forth haxein. c) Romedioe cumulative Each comedy provided by the Millpond Restriction■ or the Millpond Bylaws at any time shall not constitute a wraivar of the right there- after to enforce any such provision or any other provision of said Restrictions or Bylaws. section 3 - Dolivory of Notice and Documents i Any written notice ott other document relating to or required by the Millpond Rostrictions may be daliverd either personally or , by avail. If by mail, it shall be daomad to have been delivered twenty-four (24) hours after a Copy of same has been doposited in the United SLatda mail, postage prepaid addressed as follows- If W the Corporations Millporiti Ico(Wounars' Association, Ina. 1illpond }tarkaway Road North Andovar, Massachusetts ' SX-17 � I 1 44G Xf to an Owner, to the 'address provided by him in Writing to the Corporation, otherwlie to the address of any townehome within the Community of Millpond owned, in whole oc in part by hint If to the Okantorss Millpond Trust Millpond Harkaway Road North Andover, Massachusetts provided, however. that any such address may be changed at any time by the party concerned by delivering ar written notice of such change of addrods to the Corporation. $action 4 - Construction and Reverabilltyl Singular and Plural a) Anatrictions Severable tech of the provisions of the Millpond Restrictions shall be dnnmnd indepnndent and aoverabla, and tha invalidity or partial invalidity of any provision or portion thereof ahal,l not affect the validity or enforcoability of any other provision-4 by singular xncludoa plural jUnless the context requires a contrary construction# the singular shall iAciudo the plural and tho plural the singularl and the mascu- line, feminine or neuter snail each include the mnacul,ine, feminine and neuter► "M. C} captions All captions or titles used in tho Millpond ttestrietions are intended solely for convenience of reference and shall not Affect that which ie set forth in any of the provisions of said restrictions• IN WITNESS WiMREOY, Robert H. Ill. =%Trusteq nd ? Trust *eta his hand and seek. this 4. Millpond Trust r COMWNWEALTH GP MSJACOS£T S 1 SOU, so, July 12, 1074 Than personally appeared the above-namad, Robert 11. bsna, Trustee of the Millpond Trust, and acknowiedgad the forogopng instrument to be his tree act and dead afore M +;;�,;, :1,'•,ti+i;%, atary Public my commission 41�lresi�� I ti Recorded Aug.21.t19?4 at 11136AM #6519 f '