15B-030 246 Chesterfield Rd planningFORM A
NORTHAMPTON, MA.
APPLICATION FOR ENDORSEMENT
OF PLAN BELIEVED NOT TO REQUIRE APPROVAL
File one completed form with the Planning Board
and one copy with the City Clerk in accordance
with requirements of Section 3.02.
Date Nove mber 2, 1984
To the Planning Board:
The undersigned, believing that the accompanying plan of
his property in the City of Northampton does not constitute division
within the meaning of the Subdivision Control Law, herewith submits
said plan for a determination and endorsement that Planning Board
approval under the Subdivision Control Law is not required.
1. Applicant Patrick J. Melnik
print or type name $:s s � itur e
Address Chesterfiel Road
2. Owner Patrick J. Melnik
print or type name
Address Chesterfield Road Nor
thampton, MA
ignature
Upton, MA
3. Surveyor A. Hant I P i pe c�c �t I n print or tyname l s
Address 125 Pleasant St., Northam Ma. 01060
ature
4. Deed or property recorded in Hampshire County Registr
Book 1681 g y
Page 102
5. Location and description of Property:
12 parcels off of Chesterfield Road
Date of Submission
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City Clerk
signat re
140W
M
FORM A
NORTHAMPTON, MASS.
November 14, 1983
Date
APPLICATION FOR E14DORSEMENT
OF PLAN BELIEVED 140T TO REQUIRE APPROVAL
File File one completed form with the Planning Board"
and one copy with the City Clerk in accordance with
with requirements of Section 3.02. -
TG the Planning Board:
the under3igned, believing that the accompanying Flan of.
ilia propel-,,y in the City of iJorthampton does not constitute•- .
div i L Drr '. I t.,irl the meaninz of the Subdivision Control Law
said plan f -. d� termination and endorsement
hoard approval un er the Subdivision Control Law
lv nvt .' °�llll'E'CI.
P J. Melnik
C hesterf1eld o koa(v ,' ) Ror't ampton, MA Signature
P J. Melnik A (Ad re s
T','; t ��r � n�
C h est erfield toad, Nd�r hamptdn, MA
Ad I r xoc. In .
ur�: Almer Huntle Jr. ss
Print or t� rare
125 Pleasant Street �� 6r tiampton, MA
-- -- -- — Adure;;.3
Deed o • property recorded in Hampshire County
Boo. 1681 -- - - ` Ja g z
- oc,It ; on and Dejc,.�Iption of Property:
12 Parcels off of Chesterfield Road
Signature
Sig tune
Registry,
A # d UWk44 Date of Sub ' Sion 10 ,V2
.J
- i C1eA
Sign ure
2 Z -fj 33
d4
102
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DECLARATION OF COVENANTS
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Law Office
PATRICK J. MELNIK
110 King Street
Northampton,MA 01060
KNOW ALL MEN BY THESE PRESENTS, that PATRICK J. MELNIK, of
311 Chesterfield Road, Northampton, Massachusetts is the owner
of a certain tract or parcel of land acquired from E.P.S.
REALTY TRUST on October 3, 1983 by a deed recorded in the
Hampshire County Registry of Deeds in Book 2395 , Page 141 ,
and intends to build a private commonly owned road on a portion
of the premises which are described on a plan of land dated
November 9, 1983 entitled "Plan of Land in Northampton,
Massachusetts surveyed for Patrick J. Melnik" prepared by Almer
Huntley, Jr. and Associates Inc. and is recorded simultaneously
with this Declaration in Plan Book , Page , of the
Hampshire County Registry of Deeds. PATRICK J. MELNIK is
hereinafter referred to as the "Owner'and the Plan and land
described therein above is hereinafter referred to as the
"Plan ".
The Owner has agreed that in connection with the
endorsement by the Planning Board of the City of Northampton
that the Plan does not require subdivision approval the Owner
will complete certain improvements and put certain restrictions
on the maintenance on these improvements which are specified in
this Declaration. This Declaration is intended to be and is
only an agreement between the Planning Board of the City of
Northampton and the Owner and does not affect the title to the
real estate referred to herein. This Declaration is binding on
the Owner only with respect to the Plan referred to herein.
Nothing contained herein will prevent the owner from modifying
his plans or making other uses of the real estate described in
the Plan in any lawful manner subject to the Owner obtaining
all lawful permits and approvals for any such altered plan or
use. Nevertheless, in the event that the Owner utilizes this
Plan and conveys any parcel or lot of real estate as shown on
said Plan to any individual then this agreement shall be
413 - 584 -6750
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applicable. If the Plan is utilized the terms of this
agreement may be modified by the OWNER only with the consent of
the majority of the voting members of the Planning Board of the
City of Northampton which consent will be deemed to have been
conclusively given if written consent is signed by the Chairman
of the Planning Board of the City and such written consent with
the approved modifications is recorded in the Hampshire County
Registry of Deeds.
Now, therefore, the Owner agrees as follows:
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Law Office
PATRICK J. MELNIK
` 110 King Strect
i
Northampton, MA 01060
1. ROADWAY:
The OWNER agrees to construct a common roadway to be used
by the future owners of Lots numbered 2, 3, 4, 5, 6, 7, 8,
9, lO and 11 as shown on the PLAN. The location of this
roadway will be shown on a subsequent Plan of Land recorded
in the Hampshire County Registry of Deeds after the roadway
is completed. The location of the roadway will be
beginning approximately 300 feet Westerly of the
intersection of Chesterfield Road and Dimock Street and
thence running Southerly along the Easterly sidelines of
Lots numbered 2, 3, 4, 5, and 6 as shown on said PLAN. The
road will have a paved portion that will be at least
fifteen feet wide with a cul -de -sac turn at the end. An
extension to the initial roadway to access Lots numbered 7,
8, 9 and possibly lO will be constructed by the OWNER prior
to the time any home is built on Lots numbered 7, 8, or 9.
The layout of the roadway will be subject to the written
approval of the Fire Chief of the City of Northampton and
will not be paved until such approval is received.
2. SANITARY SEWER:
The OWNER will construct a sanitary sewer within the
413 - 584 -6750
Law Office
'ATRICK J. MELNIK
110 King Street
orthampton, MA 01060
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approximate location of the road easement that will consist of
an eight inch main line that will service Lots numbered 2, 3,
4, 5, and 6. Said sewer main may also be designed to service
Lots numbered 1, 10, and 11 in the event that the City of
Northampton does not extend sewer service from Dimock Street
along Chesterfield Road up to Lot numbered 1. With respect to
Lot numbered 10 sewer service will be subject to the placement
of a house site by any future owner. The location of the sewer
easement will be shown on a subsequent Plan of Land to be
recorded in the Hampshire County Registry of Deeds after said
sewer main is constructed. All material and design of said
sewer shall be subject to the approval of the City Engineer.
3. USE AND MAINTENANCE OF THE ROAD AND SEWER EASEMENTS:
The OWNER, the Grantees of the OWNER, their successors and
assigns of Lots numbered 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11
shall be given the right of way and easement to pass and
repass by foot or by vehicle on the roadway to be
constructed for all purposes consistent with the use of the
street or other way in the City of Northampton. The title
to the portion of each lot which lies within the roadway
easement and /or within the Sanitary Sewer Easement, all as
shown on the Plan of Land referred to hereinabove to be
recorded in the Hampshire County Registry of Deeds shall be
in the owner of each lot as designated on the PLAN subject
to the easements as outlined in this Declaration or as
otherwise recorded in the Hampshire County Registry of
Deeds for the benefit of each of the lot owners.
All lot owners who desire and have direct access to the
final sanitary sewer main constructed shall have the right
to utilize the same subject to the obligation to maintain
said sewer as described herein.
413 - 584 -6750
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Law Office
PATRICK J. AIELNI K
I10 King Street
dorthampton, M A 01060
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All costs and responsibilities for the construction (after
the original construction) improvements, enlargements,
maintenance and /or repairs including snow plowing and ice
and snow removal relating to the roadway shall be the joint
obligation of the owners of Lots numbered 2, 3, 4, 5, 6, 7,
8, 9, 10, and 11 inclusive. The owners of these said lots
shall pay one tenth of the cost associated with the
foregoing responsibilities.
All costs and responsibilities for repair and maintenance
of the sanitary sewer shall be the joint obligation of the
owners of the lots utilizing said sewer and at the time of
said maintenance or repair is needed in equal shares.
A simple majority of the lot owners having an easement in
the common roadway and /or a majority of the lot owners who
utilize the common sewer shall determine when repairs or
improvements to the sewer or roadway are required and shall
have the right to cause said repairs and improvements to be
made and to receive the proportionate contribution from
each lot owner for said repairs. All such payments must be
made within thirty days of the date due and if not paid the
lot owners who do make payment for said repairs and
improvements shall have the right to enforce this
contribution obligation as a matter of contract.
The roadway to be built is
contained in this covenant
owners from petitioning th
said roadway as a City way
subject to the approval of
standards of construction,
a Private Way. However
will prevent the future
City of Northampton to
or said sewer as a City
the City Engineer as to
design and materials.
nothing
lot
accept
easement
the
413 -584 -6750
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Law Office
PATRICK J. MELNIK
110 King Street
orthampton, MA 01060
4. GENERA OBLIGATION AND SURVIVAL:
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This Declaration establishes that the Owner does hereby
impose and charge all lots or parcels in the above
described PLAN with certain exceptions with betterments,
agreements, easements, restrictions, conditions and
arrangements as hereinabove and hereinafter set forth as a
common scheme for the mutual and reciprocal purchasers from
the OWNER and the heirs, successors and assigns of such
purchasers. In the event of any ambiguity or dispute
relative to the provisions of these Restrictive Covenants,
the Covenants shall be construed in a way that will most
practively and effectively result in the accomplishment of
these purposes. Each conveyance out of this property by
the Owner shall bear a reference to this Declaration of
Covenants so as to insure its application to or for the
benefit of the immediate Grantees and their successors and
interest.
The purchasers of each lot shall at his, her or their own
cost and expense keep and preserve that portion of the
easement as shown on the said Plan to be recorded in the
Hampshire County Registry of Deeds lying within his own
property lines, at all times in good condition of repair
and maintenance and neither erect nor permit erection of
any building or any structure of any kind, or any other
improvements or additions nor permit any growth of any kind
within said easements which might interfere in any way with
the proper maintenance, use, operation, repair,
reconstruction and patrolling of any of the utility
services located therein or any other use benefiting the
owners of the lots adjoining said easements.
413 - 584 -6750
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IN WITNESS WHEREOF, PATRICK J. MELNIK, has caused his hand
and seal to be affixed to these presents and to be signed and
acknowledged and delivered this twenty -first day of November,
1983.
Patrick J. Melnik
HAMPSHIRE, S.S.
COMMONWEALTH OF MASSACHUSETTS
November 21, 1983
Then personally appeared the above named PATRICK J. MELNIK
and acknowledged the foregoing to be his free act and deed,
before me,
ueanne L. Neal
140TARY PUBLIC
MY COMMISSION EXPIRES:
February 18, 1988
Law Office
tTRICK J, MELNIK
110 King Street
•thampton,MA 0 10 60
413- 584 -6750
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