HomeMy WebLinkAbout2000 Recorded Declaration of HOA LAW OFFICE OF
MARK B. JOHNSON
12 Chestnut Street
Andover,Massachusetts 01810-3706
(978)475-4488
Telecopier: (978)475-6703
Paralegals
MARK B. JOHNSON (MA,NH,DC) KATHRYN M.MORIN
LINDA A. O'CONNELL (MA,NH,RI) JEAN A.SHEEHAN
DONALD F. BORENSTEIN (MA,ME) LIANNE CRISTALDI
CYNTHIA R. GLACY (MA,NY)
October 24, 2000
Heidi Griffin, Town Planner
Town of North Andover
27 Charles Street
North Andover, MA 01810
Re: Forest View Subdivision
Dear Heidi:
Enclosed is the final Revised HOA document which notes each plan
and lot designation, as they may have been revised to date. Please obtain the
Board's approval of this document and have the acceptance page executed at
your earliest convenience.
Let Kathryn Morin of my office know of anything else you may need
and I thank you for your continued cooperation in this matter.
Very truly yours,
Ma son
MBJ/KMM/i
Enclosure
cc: Pat Cone
F:1New-Docs1PULTETorest View\Griffin-10-24-OO.doc
_.t I.-, bS tt fF" .`.�#�
tea w
DECLARATION OF FOREST VIEW
HOMEOWNER'S ASSOCIATION
WHEREAS Mesiti-Moore's Fall, LLC a Massachusetts limited liability company of 231
Sutton Street, Suite 2F,North Andover,MA 01845 and Pulte Home Corporation of New England,a
Michigan corporation of 257 Turnpike Street, Southborough,MA 01772 (referred to herein and in
the By-Laws as the"Declarant"), are the record title owners of certain land shown on a plan entitled
"Forest View Definitive Subdivision Plan, Forest View Estates, Salem Turnpike - Rt. 114, N.
Andover"prepared for Mesiti Development Corporation by MHF Design Consultants, Inc. dated
October 6, 1997 recorded at the Essex North District Registry of Deeds as Plan No. 13362 [see also
Corrective Plan recorded with the Essex North District Registry of Deeds as Plan Number 13727,
Form A Plan recorded as Plan Number 13761, and Lot Line Modification Plan recorded as Plan
Number 13 861] (collectively referred to herein and in the By-Laws as the"Plan")as the Plan maybe
amended. For Declarant's Title see Deeds at Book 5039,Page 249,Book 4886,Page 292 and Book
5793, Page 267. 4
WHEREAS,the Declarant desires to establish a Homeowners'Association and By-Laws all
in connection with Lots 3A, 4A, 5A, 6A, 7A, 8, 9, 10, 11 A, 12A, 13-43 inclusive, 44A, 45A, 46A,
47A, 48A, 49-51 inclusive, 52A, 53A, 54, 55A, 56, 57, 58A, 59A, 60A, 61A, 62A, 63A, 64A, 65,
66A, 67A, 68A, 69A, 70A, 71A, 72A, 73A, 74A, 75A, 76A, 77A, 78A, 79A, 80A, 81A, 82A, 83A,
84A, 85A, 86A, 87, 88, 89A, 90A, 91 and 92 on the Plan, and the development shown on the Plan.
NOW, THEREFORE, the following is hereby declared.
1. The Declarant hereby submits to this Declaration Lots 3A, 4A, 5A, 6A, 7A, 8, 9, 10,
I IA, 12A, 13-43 inclusive, 44A, 45A,46A,47A,48A, 49-51 inclusive, 52A, 53A, 54, 55A, 56,57,
58A, 59A, 60A, 61A, 62A, 63A, 64A, 65, 66A, 67A, 68A, 69A, 70A, 71A, 72A, 73A, 74A, 75A, '
76A 77A 78A 79A 80A 81A 82A 83A 84A 85A 86A 87 88 89A 90A 91 and 92 and the
subdivision roadways shown on the Plan.
CP
2. There is hereby established Forest View Homeowner's Association(referred to herein C74
and in the By-Laws as the "Association"). The Declarant shall have certain rights to control the
Association as provided in the By-Laws referred to herein.
era
w
3. The sole purpose of the Association shall be to: Q
(a) Own and maintain the Open Space Parcels A, B, D-2, &E as shown on the
Plan and labeled as"NOT FOR BUILDING PURPOSES"(the"Open Space"),the"Playground Lot"
(Lot 31) on Plan 13727, the parcel sometimes designated Open Space Parcel F and lying between
lots 59A and 60A and 88 and 89A on Plan 13761, and Open Space Parcel G on Plan 13861, all as
may be conveyed to the Homeowner's Association.
(b) Maintain the Open Space solely for conservation and/or agricultural purposes
and Lot 31 and Open Space Parcel G for playground/recreation purposes consistent with the
Approval of the North Andover Planning Board, dated April 13, 1998 (the "Approval").
MARK B. JOHNSON
Attorney at Law
12 Chestnut St. 1
Andov -. lv1A 01810 -
(c) Maintain the fence running through lots 47A and 48A on Plan Number 13761
and lots 48,49, 50 and 51 on Plan Number 13727 and to hold Two Thousand Dollars($2,000.00)in
a Maintenance Account to be used specifically for the purpose of repair and maintenance of the
fence.
(d) Take all actions necessary and/or expedient to comply with the provisions of
the Special Permit pursuant to which the Subdivision is developed, including, without limitation,
maintenance of the exterior of the pump station and the entrance to the subdivision.
4. The Association shall hereby have non-exclusive easements and rights-of-ways across all
land necessary to accomplish its purpose as described herein and shown on the Plan,and may hold or
convey title to interests in real estate consistent with the purpose of the Association.
5. The Town of North Andover shall have no responsibility or liability for the
maintenance and operation of the above Open Space and in the event that the Town of North
Andover performs any work in or on the Open Space to ensure the preservation thereof consistent
with the Approval,the Association shall reimburse the Town for all such expenditures and the Town
shall have the right to use all such legal procedures allowed it under law to secure such
reimbursement.
6. The Association shall have the right to make assessments against all of the Lot
Owners (that is, the owners from time to time of 3A, 4A, 5A, 6A, 7A, 8, 9, 10, 11 A, 12A, 13-43
inclusive, 44A,45A, 46A, 47A, 48A, 49-51 inclusive, 52A, 53A, 54, 55A, 56, 57, 58A, 59A, 60A,
61A, 62A, 63A, 64A, 65, 66A, 67A, 68A, 69A, 70A, 71A, 72A, 73A, 74A, 75A, 76A, 77A, 78A,
79A, 80A, 81A, 82A, 83A, 84A, 85A, 86A, 87, 88, 89A, 90A, 91 and 92 as shown on the Plan) for
any costs incurred by the Association in connection with the purpose described above, on a pro rata
basis equally among all of the Lots. Any costs or expenses incurred as a result of a Lot Owner's
failure to pay assessments shall be assessed only against said Lot and Lot Owner.
7. The Association shall establish such By-Laws for the conduct of the affairs of the
Association as the Association shall, from time to time, determine. The initial form of the By-Laws
are attached hereto and made a part hereof.
IN WITNESS 'ArHEREOF,this instrumenthas been signed as a sealed instrument this, ;
day of /f 8 L) ) 2000.
MESITI-MOORE'S FALLS, LLC PULTE HOME CORPORATION
OF NEW ENGLAND
By: By:
Anthon}�`IVI�siti Manager James c abe, ttorney In Fact
2
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss. June 30, 2000
Then personally appeared the above-named Anthony Mesiti as Manager of Mesiti-Moore's Falls,
LLC whom acknowledged the forgoing to be his free a nd , eed a d that of the corporation before
me,
N t Public
Commission Ex fjCHAEL DANA ROSEN
Notary Public
Commonwealth of Massachusetts
my Commission Expires
seo!ember 27,2007
COMMONWEALTH OF MASSACHUSETTS T
Worcester, ss. — 1+ , 2000
Then personally appeared the above-named James R. McCabe, Attorney in Fact for Pulte
Home Corporation of New England, duly authorized, and acknowledged the foregoing
instrument to be his free act and deed and the free act and deed of Pulte Home Corporation of
New England, before me,
C-
Notary Public
MY COMMfSS10N EXr IRES
AUGUST27 2004
3
'a J.
BY-LAWS OF THE FOREST VIEW
HOMEOWNER'S ASSOCIATION
ARTICLE I
GENERAL PROVISIONS
1. PURPOSE:
The administration of the Forest View Homeowner's Association shall be governed by these By-
Laws which are annexed to the Declaration of Forest View Homeowner's Association and made a
part thereof, and all present and future owners of Lot 3 through 30 and 32 through 92 as shown on
the Plan ("Lot Owners") shall be subject to these By-Laws, as well as to the Declaration and the
Rules promulgated hereunder.
2. BY-LAWS APPLICABILITY:
The provisions of these By-Laws are applicable to Lots 3A,4A, 5A, 6A, 7A, 8, 9, 10, 11 A, 12A, 13-
43 inclusive, 44A, 45A, 46A, 47A, 48A, 49-51 inclusive, 52A, 53A, 54, 55A, 56, 57, 58A, 59A,
60A, 61A, 62A, 63A, 64A, 65, 66A, 67A, 68A, 69A, 70A, 71A, 72A, 73A, 74A, 75A, 76A, 77A,
78A, 79A, 80A, 81A, 82A, 83A, 84A, 85A, 86A, 87, 88, 89A, 90A,91 and 92 as shown on the Plan
and shall be binding on all Lot Owners. The acceptance of a deed of conveyance of a Lot shall
constitute an acknowledgment that such Lot Owner has accepted and ratified the Declaration,these
By-Laws and any Rules promulgated hereunder, and will comply with them.
3. OFFICE:
The office of the Association and of the Board of Directors shall be located at the subdivision or at
such other place as may be designated from time to time by the Board of Directors.
ARTICLE II
LOT OWNERS' ASSOCIATION
1. COMPOSITION:
All of the Lot Owners shall constitute the"Association"which shall have the responsibility
of administering the Declaration,establishing the means and methods of collecting assessments,and
performing all of the acts that may be required to be performed by the Association. The
administration of the Declaration shall be performed by the Board of Directors (as more particularly
set forth in Article III).
2. VOTING:
Each Lot shall be entitled to one vote in the Association. Since a Lot Owner may be more
than one person, if only one person is present at a meeting of the Association, that person shall be
entitled to cast the vote appertaining to that Lot. But if more than one of the persons is present, the
4
' ,
- Y
vote appertaining to that Lot shall be cast only in accordance with the agreement of a majority of
them, and such consent shall be conclusively presumed if any one of them purports to cast the vote
appertaining to that Lot without protests being made forthwith by the others to the person presiding
over the meeting. As applied to a person which is not a natural person, the word "person"shall be
deemed for the purposes of this section to include,without limitation, any one natural person having
authority to execute deeds on behalf of such person which is not a natural person and which is,either
alone or in conjunction with another person or persons, a Lot Owner.Except where a greater number
is required by the Declaration or these By-Laws, a simple majority of votes of the Lot Owners
present and in good standing and entitled vote shall be decisive. While the Declarant owns a Lot or
Lots in the subdivision, the Declarant shall be the Association and may take all actions as if the
Declarant owned all of the Lots, as set forth in Article II, 4, below.
3. PLACE OF MEETING:
Meetings of the Association shall be held at the subdivision or at such other suitable place as
may be designated by the Board of Directors and stated in the notice of the meeting.
4. DECLARANT SHALL BE THE ASSOCIATION UNTIL CONVEYANCE OF ALL LOTS:
Until the Declarant has conveyed out all of Lots 3 through 30 and 32 though 92,the Declarant
shall be the Association and may take all actions as if the Declarant owned all of the Lots but shall
take no action which will impose on a lot owner, other than the Declarant, a burden greater than the
owner's pro rata share of the Association charges or expenses. Within six (6) months after the
conveyance of all of Lots 3 through 30 and 32 through 92, the Declarant shall call the first meeting
of the Association for the purpose of election of the Board of Directors. Thereafter, each annual
meeting shall be held within three(3)months of the anniversary date of the first annual meeting.The
Board of Directors shall consist of three (3)members, each of whom shall serve one(1)year terms.
The Board of Directors shall be elected by a vote of the Lot Owners.
Notwithstanding the foregoing provision, the Declarant reserves the right to Appoint a
Successor Declarant for all or any portion of the Lots hereby affected,which,if and when appointed,
shall have the same rights,privileges, duties and obligations of the Declarant hereunder,specifically
including, without limitation, the right to appoint another Successor Declarant,provided however,
that no such further appointment of Successor Declarant shall be made without the written consent
and approval of Mesiti-Moore's Falls, LLC. No such appointment shall be effective until Notice
thereof has been recorded with the Essex North District Registry of Deeds.
5. SPECIAL MEETINGS:
It shall be the duty of the President to call a special meeting of the Association if so directed
by resolution of the Board of Directors or upon a petition signed and presented to the Clerk by Lot
Owners having not less than (30) percent of the votes of all owners. The notice of any special
meeting shall set forth the purpose thereof and business shall be transacted at a special meeting as
stated in the notice.
5
6. NOTICE OF MEETING:
It shall be the duty of the Clerk to mail,by certified mail return receipt requested, a notice of.
each annual meeting or special meeting, at least twenty-one(21) days in advance of such meeting,
stating the purpose thereof, as well as the time and place where it is to be held,to each Lot Owner of
record,at the address of their respective Lots and at such other address as each Lot Owner may have
designated by notice in writing to the Secretary; provided, however, such notice may be hand
delivered by the Secretary or manager,if the Secretary or Manager obtains a receipt of acceptance of
such notice from the Lot Owner.
7. VOTING REQUIREMENTS
A Lot Owner shall be deemed to be in good standing and entitled to vote at any annual
meeting or at any special meeting of the Association if, and only if, he shall have fully paid all
assessments made or levied and due against him or his Lot by the Board of Directors as hereinafter
provided, together with all interest, costs, attorney's fees, penalties and- other expenses, if any,
properly chargeable to him and against his Lot, at least three(3) days prior to the date fixed for such
armual or special meeting.
8. PROXIES:
The vote appertaining to any Lot may be cast pursuant to a proxy executed by or on behalf of
the Lot Owner or,where the Lot Owner is more than one person,by or on behalf of all such persons.
9. QUORUM:
A quorum shall be deemed to be present throughout any meeting of the Lot Owners, until
adjourned, if persons entitled to cast more than thirty-three and one-third (33 1/3%) percent of the
total votes are present at the begimling of such meeting.
10. ORDER OF BUSINESS:
The order of business at all meetings of the Association may be as follows: (a) roll call; (b)
recitation of proof of notice of meeting, (c)reading of minutes of preceding meeting; (d)reports of
officers; (e) report of Board of Directors; (f) reports of committees; (g) election of directors, if
applicable. (h) unfinished business; and (i) new business, any of which may be waived.
11. CONDUCT OF MEETING:
The President,or his designated alternative,shall preside over all meetings of the Association
and the Secretary shall keep the minutes of the meeting and shall record all transactions occurring
and all resolutions adopted at the meeting.
6
ARTICLE III �! '', 72 6e LJ_ H •�" `?
BOARD OF DIRECTORS
1. POWERS AND DUTIES:
The affairs and business of the Association shall be managed by a Board of Directors
(sometimes hereinafter referred to as the "Board") which shall have all of the powers and duties
necessary for the administration of the affairs of the Association and of all such acts and things as are
specified in the Declaration. The Board of Directors shall have the power, from time to time, to
adopt any Rules deemed necessary for the enforcement of the Declaration. In addition to the general
duties imposed by these By-Laws,the Board of Directors shall have the power to,and be responsible
for, the following:
(a) preparation of an annual budget, in which there.may be established the assessment of
each Lot Owner;
(b) making assessments against Lot Owners to defray the common expenses,establishing
the means and methods of collecting such assessments, depositing the proceeds thereof in a bank
depository which the Board shall approve, and using the proceeds to carry out the purpose of the
Declaration. Unless otherwise determined by the Board of Directors,the annual assessments against
each Lot Owner for their proportionate share of the connrion expenses shall be payable in equal
monthly installments to be due and payable in advance of the first day of each month for said month.
The term common expenses, shall include, but not be limited to the following:
(i) all costs incurred in performing the maintenance in section 3 of the
Declaration; and
(ii) any other actions authorized or taken pursuant to the Declaration or these By-
Laws.
(c) designating,hiring and dismissing the personnel necessary for the performance of the
maintenance set forth in section 3 of the Declaration,and where appropriate,providing compensation
of such personnel and for the purchase or use of equipment, supplies and material to be used by such
personnel in the performance of their duties, which supplies and equipment, if purchased, shall be
deemed the common property of the owners:
(d) making and amending Rules respecting the provisions of the Declaration, these By-
Laws and bringing any legal process which may be authorized and instituted on behalf of the
owners;
(e) maintaining the books of account showing the receipt and expenditures of the
Association. The said books shall be available for examination by the Lot Owners, their duly"
authorized agents or attomey, during general business hours on business days; and
(f) to do such other things and acts not inconsistent with the Declaration which it may be
authorized to do by a resolution of the Association.
1.3
to
ARTICLE IV
OFFICERS
1. DESIGNATION:
j
i The principal officers of the Association shall be a President, a Secretary-Clerk and a
Treasurer,all of whom shall be elected by the Board.The Board may appoint assistants or such other
officers as in its judgment may be necessary. With the exception of the President,no officer need be
a member of the Board. The offices of the Treasurer, and Secretary-Clerk may be held by the same
person.
2. ELECTION OF OFFICERS:
The officers of the Association shall be elected annually by the Board at the organization
meeting of each new Board, and shall hold office at the pleasure of the Board. Any vacancy in an
office shall be filled by the Board at a regular meeting or a special meeting called for such purpose.
3. REMOVAL OF OFFICERS:
The officers shall hold office until their respective successors are chosen and qualify in their
stead:Any officer elected or appointed by the Board of Directors may be removed at any time by the
affinnative vote of a majority of the whole board, and his successor may be elected at any regular
meeting of the Board, or at any special meeting of the Board called for such purposes.
4. PRESIDENT:
The President shall be the chief executive officer;he or his designated alternate,shall preside
at meetings of the Association and if present at meetings of the Board of Directors, and shall be an
ex officio member of all committees;he shall have general and active management of the business of
the Association and shall see that all orders and resolutions of the Board are carried into effect. He
shall have all of the general powers and duties which are usually vested in or incident to the office of
the President of a stock corporation organized under the laws of the Commonwealth of
Massachusetts.
5. SECRETARY:
The Secretary-Clerk, or his designated alternate, shall attend all meetings of the Board of
Directors and all meetings of the Association, shall record the minutes of all proceedings in the
Record Book of the Association and shall perform like duties for committees when required. The
Secretary shad keep the record book current and in his custody. He shall give, or cause to be given,
notice of all meetings of the Association the Board and committees and shall perform such other
duties as may be prescribed by the Board or President. The Secretary shall compile and keep current
at the principal office of the Association a complete list of the owners and their last known post
office address. This list shall be open to inspection by all Lot Owners and other persons lawfully
entitled to inspect the same at reasonable hours during regular business days.
8
i
PSI".
i s=A .3:
6. TREASURER:
The Treasurer shall have the custody of all funds and securities of the Association and shall
keep full and accurate records of receipts and disbursements,shall prepare all required financial data,
and shall deposit all monies and other valuable personal property in such depositories as may be
designated by the Board,where possible,taking proper vouchers for such disbursements, and shall
render to the President and Directors, at the regular meeting of the Board, or whenever they may
require it, an account of all his transactions as Treasurer and of the financial conditions of the
Association.
7. AGREEMENTS, CONTRACTS, DEEDS, CHECK, ETC.
All agreements,contracts,deeds,leases,checks, and other instruments of the Association for
expenditures or obligations may be- executed by any officer of the Association or by such other
person or persons as may be designated by the Board of Directors.
8. COMPENSATION OF OFFICERS:
No officer shall receive any compensation from the Association for acting as such.
I
ARTICLE V
OPERATION OF THE PROPERTY
1. DETERMINATION OF COMMON EXPENSES AND ASSESSMENTS AGAINST
OWNERS:
(a) Fiscal Year. The-fiscal year of the Association shall be the twelve month period
commencing on January 4" each year and terminating on December 31". The fiscal year herein
established shall be subject to change by the Board of Directors.
(b) Preparation and Approval of Budget. Each year the Board of Directors shall adopt a
budget for the Association containing an estimate of the total amount which it considers necessary to
pay the costs of maintenance of the Drainage Easement. Such budget shall also include such
reasonable reserves the Board of Directors considers necessary to provide general operating reserves
and reserves for contingencies and replacements. The Board of Directors shall make reasonable
efforts to send to each Lot Owner a copy of the budget, in a reasonably itemized form which sets
forth the amount of the comuuon expenses payable by each Lot Owner, at least fifteen(15) days in
advance of the fiscal year to which the budget applies.
2. All Lot Owners shall be obligated to pay the common expenses assessed by the Board of
Directors pursuant to the provisions of the Declaration and these By-Laws. No Lot Owner may
exempt himself from liability for his contribution of the Maintenance Responsibility by
abandonment of his Lot. No Lot Owner shall be liable for the payment of any part of the common
expenses assessed against his Lot subsequent to a sale, transfer or other conveyance by him of such
Lot. The purchaser of a Lot or successor-owner by virtue of such transfer or other conveyance shall
9
• i � � n�s�,., �,,� .,� . �t��
e
be jointly and severally liable with the selling Lot Owner for all unpaid assessments against the Lot
expenses up to the time of conveyance,without prejudice to the purchaser's right to recover from the
selling owner the amounts paid by the purchaser therefore;provided,however,that any such selling
owner or purchaser shall be entitled to a recordable statement from the Board setting forth the
amount of unpaid assessments against the Lot conveyed,subject to a lien for any unpaid assessments
in excess of the amount therein set forth;failure to furnish or make available such a statement within
twenty-one (21) days from receipt of such-request shall extinguish the lien for any unpaid
4 assessments.Payment of a fee of Ten($10.00)Dollars shall be required as a prerequisite for issuance
of such statement. If a mortgagee of a first mortgage of record or purchaser of a Lot obtains title to
S the Lot as a result of foreclosure of first mortgage,or through the enforcement of any other remedies
r provided for in the mortgage, or by virtue of successors and assigns shall not be subject to a lien for
the payment of common expenses assessed prior to a lien for the payment of common expenses
assessed prior to the acquisition of title to such Lot by such mortgagee or purchaser pursuant to the
I aforesaid remedies. Such unpaid share of common expenses assessed prior to the acquisition of title
to such Lot by such mortgagee or purchaser pursuant to the aforesaid remedies shall be collectible
from all owners, including,the purchaser or first mortgagee,in proportion to their respective votes in
the Association.
ARTICLE VI
AMENDMENT TO BY-LAWS
1. AMENDMENTS:
The Declaration and these By-Laws may be modified or amended either(a)by vote of at least
seventy-five (75%) percent of the Lot Owners cast in person or by proxy at a meeting duly held in
accordance with the provisions hereof,provided that notice of the proposed amendment shall have
been given each Lot Owner simultaneously with the notice of such meeting; or (b) pursuant to a
written instrument duly executed by at least seventy-five (75%) percent of the Owners; provided,
however,that until the control of the Association has been turned over to the lot Owners,as provided
in Article H, 4, the Declarant shall have the sole right to make such amendments.
IN WITNESS WHEREOF, the Declarant has caused these By-Laws to be executed this 30`h day
of June, 2000.
MESITI-MOORE'S FALLS, LLC PULTE HOME CORPORATION
OF NEW ENGLAND
By: By;
AnthonM esi i, Manager James R. abe, Atto n Fact
10
r
Ell. tom,I`"c .4,.n !
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss. June 30, 2000
Then personally appeared the above-named Anthony Mesit• anager ofMesiti-Moore's Falls,
LLC whom acknowledged the forgoing to be his free act and deed a d that of the corporation before
me,
Aaryy c
sion Expires
�MICHAEL DANA ROSEN
Notary Public•
Ccmmonwealth of Massachusetts
Myy Commission Expires
September 27,2007
COMMONWEALTH OF MASSACHUSETTS
Worcester, ss. , 2000
Then personally appeared the above-named James R. McCabe, Attorney in Fact for Pulte
Home Corporation of New England, duly authorized, and acknowledged the foregoing
instrument to be his free act and deed and the free act and deed of Pulte Home Corporation of
New England, before me,
Rod L. I rt51
Notary Public
IvLy-Cemn3i ssior�p i-re s=-93 ffl$ffl 7
MY COMMISSION EXPIRES
AUGUST27,2004
`� 11
s'. i
t y
Approval by the Planning Board of the Town of North Andover
i
The Planning Board,pursuant to Section 4(e)of the Definitive Subdivision Approval recorded
at the Essex North District Registry of Deeds at Book 5q 4 �, Page 3 t 6 approves the foregoing
Declaration.
i
i
12