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30A-084 (8) CITY OF NORTHAMPTON ?° ''���1 E C tEOW ZONING PERMIT APPLICATION + ' `,£),�� ' a Map No " Lot t-rolikZoning Ordinance Section 10.2 :: = i No. Plan File / 1 `'�1 1968 �-�� ^� /� 1 1 Owner t ?a ' �` �.,..vt,� 'v ORTffA1NPTON,' A.Ol..'; : L g.✓•v:.y4Al Address 7 /71/4"/ / 4 0 'Address /7 /f 'P'ri's `icE. 1S/17131\1 Telephone S6'6` 6371 Telephone SJ'6- 02 S/ This section ' e filled out in accordance with the "Table of Dimensional and Density Regulations: (Z.O. ARTICLE VI) Zoni se t Lot , Front Depth Setbacks Max. Bld. Min. Op. Distric W5) CVO is l Area Width Front Side Rear Cover Space Past Existing l 0 3,�i8 fav-r �� 41 5 jC ` % 20 ./ Present Proposed '% Mark the appropriate box to indicate the use of the parcel: p �, ❑ Non-Conforming Lotand/orStructure. Specify F ►a* L ? ,ILV\ at 1Y3" ❑ Residential ❑Single Family Unit ❑Multi-Family ❑ Duplex ❑ Other ❑ Business ❑ Individual ❑ Institutional O Subdivision ❑ Regular ❑ P.U.D. ❑ Cluster 0 Other O Subdivision with "Approval-Not-Required"-Stamp: • ❑ Planning Board Approval: • ❑ Zoning Board Approval (Special Permit 10.9: Variance) O City Council (Special Exception S. 10.10) Watershed Protection District Overlay: (Z.O. Sect. XIV) ❑ Yes 14 No Parking Space Requirements: (Z.O. Sect.8.1) y\\EI Required Proposed Loading Space Requirements: (Z.O. Sect. 8.2) h,`A Required Proposed Signs: (Z.O. Art. VII) ❑ Yes X No Environmental Performance Standards: (Z.O. Art. XII) ❑ Yes II No Plot Plan ❑ Yes No Site Plan XYes ❑ No (S. 10.2) (S. 10.2 and 10.11 Waiver Granted: Date 0 This section for OFFICIAL use only: \14m Approval as presented: 0 odifications necessary for approval: ❑ Return: (More information needed) ❑ Denial: Reasons: a , Gd 6w1AiLL Signature of Applicant Date Signature of Admin. Officer ate P P ATTORNEYS AT LAW CORASH & ZURN ROBERT A CORASH MARIANNE G-ZURN 413-586-0264 86 MASONIC STREET•NORTHAMPTON,MA 010w CHARLES S BELSKY August 24 , 1988 Dr. and Mrs. Peter C. Kenny 7 High Meadow Road Northampton, MA 01060 Dear Peter and Donna: In response to your inquiry about setback requirements for the stable, I enclose a photocopy of the Northampton Zoning By-Law, Section 5 . 3 and Section 6. 7 . Most of your lot falls within the SR zone. A small portion of the lot constituting the southwesterly corner appears to be within the URA zone. Taking the most conservative view, it appears to me that the stable must be at least 100 feet from the street line and at least 30 feet from the side lot line and 25 feet from the rear lot line, and at least 40 feet from any dwelling. In addition, I call your attention to paragraph 3A of the Covenants applicable to the subdivision which states that no building shall be constructed on any lot nearer than 30 feet to the lot line and that all electric and telephone service must be underground. The Zoning By-Law also appears to have a 20 foot building height restriction. Although there appears to be some lack of consistency between the setback requirements established in Zoning By-Law Section 5 . 3 and those applicable to accessory structures as set forth in Section 6. 7 , it is probable that the more rigid standard must be adhered to in the case of a stable. Please call me if you have ant questions in regard to the foregoing. Sincerely, / t 2 Robert A. Corash RAC/tj b Encl . 30 S� swSP -- EXHIBIT "A" o A certain tract or parcel of land in Northampton, Hampshire County, Massachusetts, off Florence Road, and more particularly shown as Lot #7 on a plan entitled, "Plan of Revised Lots in Northampton, Massachusetts, prepared for Gerald Jackson, High Meadow Road, " dated December 14, 1984, by Almer Huntley, Jr. & Associates, Inc. , recorded in the Hampshire County Registry of Deeds, Plan Book 130, Page 57, and bounded and described as follows : Beginning at an iron pin to be set on the easterly side of High Meadow Road at the southwesterly corner of the parcel herein described, thence on a curve having a radius of 330. 00 feet a distance of 44. 41 feet to a bound to be set; thence N. 13° 39 ' 55" E. ai a distance of 80. 59 feet to an iron pin to be set, the last two courses along the easterly side of High Meadow Road; thence S. 76° 20 ' 05" E. a distance of 185. 00 feet to an iron pin to be o set; thence S. 47° 51 ' 20" E. a distance of 242 . 47 feet to an iron pin to be set; thence N. 85° 06 ' 33" E. a distance of 160. 00 feet to an iron pin to be set; thence S. 04° 53 ' 27" E. a distance of 224 . 01 feet to an iron pin to be set; thence S . 85° 06 ' 33" W. ji o a distance of 151. 45 feet to an iron pipe found; thence S. 84° 56 ' . 56" W. a distance of 131. 27 feet to an iron pipe found; thence N. 03° 32 ' 11" W. a distance of 213. 03 feet to an iron pipe to be set; thence go N. 56° 30 ' 04" W. a distance of 115. 00 feet to an iron pipe to be set; thence N. 76° 20 ' 05" W. a distance of 185. 00 feet to an iron pipe to be set at the place of beginning. Contains 2. 37 acres, more or less. • Subject to a Declaration of Protective Covenants recorded in the Hampshire County Registry of Deeds Book 2516, Page 40 . Subject to an easement to Massachusetts Electric Company dated January 14, 1985, recorded in the Hampshire County Registry of Deeds Book 2531, Page 291. Together with the right of way and easement to pass and repass on foot and with motor vehicles in common with others over High Meadow Road as shown on the aforementioned plan. Being the same premises conveyed by deed of Mitchell A. Kosh and Anne M. Kosh, dated April 25, 1988 to Peter C. Kenny and Donna M. Kenny by deed recorded in the Hampshire County Registry of Deeds on April 28, 1988. 1 (First Mortgage) �f.- zr 'Fr 44 # Trrtifirate of Oittr 4 4* 4i1. {} To: HERITAGE • NIS BANK FOR SAVINGS Closing Date: April 28, 1988 ' Hampshire 4 Y�` I have examined the records of the County Registry of 4. '* Deeds and Registry of Probate concerning title to the property at 7 High Meadow Road, Northampton , Massachusetts, as more particularly *" described in a mortgage to HERITAGE • NIS BANK FOR SAVINGS dated April 28, 4 ' 1988 which mortgage is attached hereto. My title examination covers a period 4+ 4; of at least fifty years with the earliest instrument, a warranty or quitclaim deed which 4+ {* on its face does not suggest a defect in said title. I hereby certify that at the time of 1* recording of said mortgage,the mortgagor(s)hold(s)good and sufficient record title toy' t the mortgaged premises free from all encumbrances except those referred to in said 4 4 mortgage. I further certify that the HERITAGE •NIS BANK FOR SAVINGS holds a 4 good and sufficient record first mortgage to the property, subject only to the matters , 4* excepted by this certification and enumerated in said mortgage.I agree to indemnify 4* you and your successors in interest in the mortgage attached hereto to the full extent 4 allowed by law of any loss attributable to a breach of my duty to exercise reasonable , 'R care and skill in the examination of the title and the giving of this opinion. I further 44 certify that I have given the mortgagor(s) a certificate of title that complies with. * Chapter 93, Section 70 of the General Laws of Massachusetts. ii See our letter Certficate of Title of even date incorporated herewith. ili eif Real estate taxes have been paid through June 30, 1988 (date). Si � _ f, 4 Attorney 44. i* RECEIPT 4 '' The undersigned acknowledge receipt of a duplicate of this CERTIFICATE OF 44 TITLE together with any attachments, and each has reviewed and understands this 4+ CERTIFICATE and any exceptions to the title referred to in the mortgage. 4 .I P----;?' C' �`' NI/HERITAGE• S BANK FOR SAVINGS 4$ 4¢ Mortgagorr C. Kenny 44' : +1' ��Ll C,17 "-G Yys. ‘"-LA..UN. Lv,'Lk_ �l , 2 Qhriu`3kl Si 4' Mortgagor Donna M. Kenny 4* i+ 44 4+ 41. L-203 4 at: t' tetii ii i t*st*** tot t*sir*ttt f ****** **' SOf> r? o .`/ w �/ 4 o .. Section 5.3 - Accessory Uses. Any use which is accessory to a principal use allowed by right shall be allowed only in rt connection with such allowed principal use. Any use which is accessory to a principal use allowed by special permit, and which c — is not specifically included in the original special permit, c shall be allowed only after issuance of a new special permit. Cessation of a principal use shall require cessation of any i accessory use which is not otherwise allowed as a principal use. The Building Inspector shall be responsible for determining what uses are principal, and what uses are accessory. The following shall be limitations on certain specific accessory uses: 1. The keeping of horses and/or ponies and a private stable, for personal use, are permitted as accessory uses in accordance with the following conditions: (a) The minimum acreage required for not more than one ( 1) horse, pony or stable shall be 30 , 000 square feet. One q additional horse or pony shall be permitted for each b+ 15, 000 square feet over the minimum of 30, 000 square feet. Foals under six ( 6 ) months not to be counted. (b) The location of the stable shall be not less that one hundred ( 100) feet from any street line, and not less than thirty ( 30) feet from any side lot line, and not less than twenty-five ( 25 ) feet from a rear lot line, u and not less than forty ( 40) feet from any dwelling. (c) The area to be used for the keeping of horses and/or ponies shall have adequate fencing to contain the animal( s) within the property boundaries. (d) Stables, corrals and yards shall be properly drained and reasonably free from excessive odor, dust, and mud, so as not to create a nuisance or health hazard to the community or to surrounding property owners, from an air or drainage pollution standpoint. ro (e) Maintenance of the stable and property used in the 0. keeping of horses and/or ponies shall conform to all 4 regulations of the Board of Health and State Health Authorities. 0 2. The keeping of non-farm animals on a property occupied by a dwelling shall be allowed as an accessory use when the keeping of such animals is for non-commercial purposes and when the keeping of such animals conforms with all regulations of the Board of Health and State Health •4 Authorities. c N ` The term "farm animals" shall mean all horses, ponies, mules, donkeys, cattle, swine, sheep, goats, and poultry of any age or sex. 5. 17 1, • j I"a r(� r c. t () 1 -4ocr-4-Dgrro,J Q�t rL a '6.. So.,oi-,1'6C (46i 1 V1i Z e171. ± kc.........___' 1 a ti 1 vgll I I I! 1 I i To I 1 lg ot- WGIK 1- / 1 6�e �uor I CoCq ��p vF C'V.✓� pee L—, _ _ c;w/ 2 X/c" leaf ,"AP-. RS Oy,emt .o ''''' ''.....‘'N'T....... ...%.4*4'1...,-. --{: Doc)/ °(‘ / 0 c— 1 ' 1 11 1, 7 i-//c-Al M4r117)o4 ,Q)-73, __,_ l.; //o,P7N4Avi2taJ A44 . o/oGU 3017` 5' ,Vw�. r 1 BY PLAN pO `� \`1 s T" 7Q � • �� 242.. 47 33- l 1a� '0 % BOOK 13U ► PAGE 57 PLAN LOT7 dwelling 115 .00 ' �, �,� 1)�t4. O� p0' �' J2,4 A• '4 1�� - 1 t •, - -; ' r: ‘L . • ItO ,�O Je 3.rt C X 5 '1) N S BANK FOR SAVINGS & CAN TITLE INSURANCE COMPANY. -NOTE- '' I HAVE EXAMINED THE PREMISES, THIS PLAT FOR MORTGAGE LOAN PURPOSES ONLY VG MONUMENTATION ALL EASEMENTS, AND DOES NOT CONSTITUTE A PROPERTY SURVEY BUILDINGS ARE LOCATED ON THE THAT THE BUILDINGS ARE ENTIRELY .... �'J^ -MORTGAGE LOAN INSPECTION PLAT- S S. I FURTHER REPORT THAT THE r d NASD~ ATED IN A FLOOD PRONE AREA AS J L N= NORTHAMPTON, MASSACHUSETTS SURANCE MAPS FOR COMMUNITY # 250167 - •1J No.2 311 /1a% PREPARED FOR s.74. ;t.r"tE •Pi' MITCHELL A. & ANNE M. KOSH 1988 °"'<c Lax°' SCALE: 1 "=100 ' APRIL 26 , 1988 `). +A` _ 1444 HAROLD L. EATON AND ASSOCIATES, INC. o ?",i REGISTEREJ PROFESSIONAL LAND SURVEYORS 9 SUNRISE DRIVE - HADLEY - MASSACHUSETTS • .9 of/ c T v/l/LUJ� • • IIb —4D . 16665 I. 'IE :00K / IAFtATIa: cF PA7TECTIVE CD.7INANTS This Declaration of Protective Cants is made on this day of g0 y_ , :: '' 1984, by fairway Associates, Inc., (Grantor herein) a tts corporation with a usual place of business in Northarpton, Mass ehasetta, as Artier of certain real estate in the City of Northampton, Ha rehire County, Massachusetts (Property herein), being more particularly dad in lrticle II hereof. It is the intention of the Grantor, in furtherance of a plan for the irprovcrent and sale of the Property, to sell and convey all of said Property subject to the coeditiens, limitations, and ovvenants (Ccn'cnants herein) as set forth in this Declaration of Protective Covenants (Declaration herein). It is the purpego of these Covenants to provide a means for development of the i Property for single-family residential use consistent with the Grantor's inten- tion to preserve the natural beauty, scenic and open character, and agricultural utilization of the Property for the benefit of its future o..'rers and residents. The provisions of this Declaration shall be understood and construed to a-wo- plish those objectives. Every person, by aooeptarce of his or her lot does thereby agree to be bound by the Covenants contained in this Declaration. ARTICLE I DEFINITIONS: Unless the context otherwise specifies cr requires, the terra defined in thes Article I shall, for all p rpuc s of this Declaration, have the ) meanings herein ereLified. 1 GRANTOR: The term "Grantor" shall mean Fairway Associates, Inc., or its rem ne s, su ssors and assigns. 1 WI': The term "Lot" shall mean each rrr-bered parcel of the Property which is Shown on the Plan as a numbered Lot. a,NR: The term. "Owner" shall mean the person or persons whose interest in a Lot aggregates fee simple absolute title thereto. PAN: The tern "Person" shall mean an individual, corporation, tnirp- M orates? assxiat or, p.,rtnersh p, joint ��tzrre, trustee, ov Lservator, ad uni- strator, executor, or entity ich has the right to hoid title to real prcoe.rty. PLAN: TY�e term "Plan" shall mean the Plan entitled, "Ctiefinitive Stvti ltvisian , of Land in Northa-ptcn, Massachusetts, prepared for Gerald A. Jack , "High R_ Meadow Stad"", data' Septsrber 26, 1984, revised Hove e r 5, 1984, and prepared by Rimer Huntley, Jr. G Associates, Inc., of 125 Ple -'nt Street, tkutha )ter, -it Mass., recorded with the Ha-shire Cnmty Registry of re c in Plan Book 1.30 _ . Page 31 , and as it ray be revised from tire to time, showing Lots 11 thru , IL j and "Other lard to be retained by Gerald A. Jackson". 1iil 1.7 • -1- _ i [I • IMPRCNI NT: The term "Improvement" shall rean and include all buildings, outhtildings, garages, carports, sheds, walls, stairs, decks, poles, signs, driveways, tennis courts, swimming pools and structures of every kind and type including fences. GREEIBELT AREAS: The term "Greenbelt Area" shall mean those portions of the parcels described as follows: Lots 12 and 13: Those portions of Lot 12 and Lot 13 lying northerly of the "Building Restriction Line" as shown on the Plan, • Lot 14: Those portions of Lot 14 lying northerly and/or westerly of the "Build ing Restriction Line" as sham on the Plan, • Other Land to be Retained by Gerald A. Jackson: Those portions of this parcel which are defined by property lines and the "Building Restriction Lines" and which are labeled "Building Restriction Arno". RESIDENTIAL AREAS: The term "Residential Area" shall mean those areas of any of the lards shown on the Plan which are not classified as Greenbelt Area(s) in accordance with these Protective Covenants. SINGLE-FAMILY DWELLING: The term "Single-Family Dwelling" shall mean a detached house designed and used as a residence for a single family including any appurtenant attached or detached garage or carport or similar outbuilding. .T SINGLE-FAMILY RESIDENTIAL USE: The term "Single-Family Residential Use" shall mean the occupation or use of Single-Family Dwelling in conformity with the Ordinances and requirements of the Zoning By-Laws of the City of Northampton and applicable state, county and municipal rules and regulations. ARTICLE II PROPERTY SUBJECT TO RESTRICTICNS: The Property subject to this Declaration shall be the lard in Northampton, Massachusetts, being Lots 11, 2, 3, 4, 5, 6, 7, 8, and the parcel shown as "Other Lard to be Retained by Gerald A. Jackson" all as more particularly shown on the Plan described in Article I hereof. ARTICLE III d 1. LAND CLASSIFICATICthS: The Property has been divided into the following use rlecifications: A. Residential B. Greenbelt 2. PERKCITID USES AND RESTRICTIONS: Each lot within the Property shall be for the exclusive use and benefit of the Owner thereof, subject, however, ( �• to all of the following limitations and restrictions: -2- • k c .. A. Use of Residential Areas: The Reeidntial Areas shall to it roved and demoted exclusively to Singie-ram ly Realaaa:tial uses. B. Use of Gree- e i t Area: S`,e Greenbelt Areas shall nvt be hone ei except as proviiod or allowed by this Section 2.B. and by the following Section 3.B. It is the intention of the Grantor that the Gree belt Arms shall be perpetually devoted to iealoaticral uses that do rot block or ohanare vio..s, and to the planting and maintaining of grasses or crepe or orchard trees, or to the grazing of anirals, so as to preserve the scenic vistas and to provide or maintain natural wildlife habitat. With regard to Lots 12, 13, and 14, any such uses must be of a `rrn-mr-ercial" nat,:re and the grazing of animals shall be limited to horses. 3. R!l'RICTICNS: A. Inproveaents and Residential Areas: No irproverents other than one single f rily Belling house together with a garage for the storage of not acne than four (4) private automobiles and sack outh)iidings, including barns, as are castanarily appurtenant to single-farily dwellings in the City of Northa-pton or ccnvenient to the use of the promisee in a manner consistent with a develofrent of this size and character, shall be constructed, plate, or allowed to stand in the Residential Area of such lot. No dwelling house or other building shall be cant r:c tsd on any lot nearer than thirty (30) feet to any property line. All electrical service, telephane Lines, cable television lines and other wires or lines for the transmission of energy or information shall be 1Mated tridergrou nld and no outside limn for • the transmission of energy or information shall be placed overhead. B. Irprevaants in Greenbelt Areas: No Irrpr-ove ants of any kind or/ additions or alterations thereto shall be male, erected, planed, or alto. d to stand in the Greenh 1t Arm of any Lot, eft as prevzded or allowed herein: (i) The co ns tnirtion and/or rrainte ante of "open" type f ere ec or gates incidental to the devoted rses Bee ribed in Article III, cention 2. B. hereof, it being the intention of the Grantor to prevent any disruptions or interference with the vie..sra ea as they presently exist. (ii) The construrtio n and/or rraintenanoe of any urdergr red utilities or services czrplirnenta_y to the C aer's Raid ntial Use ink lading if the >>� of T i rtenant buildings or sun to es in rn:rGreenbelt arF! s. • (iii) The wnstrxticn a'id/or aaintenance of any driveway .tnich may service the Cs.r.�r's Resident' Use including the use of appurtenant buildings or structures in nab belt areas. (iv) The on structi.cn and/or rrainte-na ce of any unpaved "farm" road or lane .ttidi may be incidental to the planting and rmauntaini.rg of grasses or crops or to the grazing and care of anirals, as permitted in Article III, Section 2. B. hereof. (v) The construction and/or maintenance of ingrcnund swimming pools and/or of tennis courts, with "open" type fencing, E:1.DIIG support- ing buildings or any abcnc-greizd structures including lighting toes, may be r - placed in the Greenbelt Areas of Lots 42, 13, and 14, subject to the review and Approval of the Grantor as provided in Article III, Section 2.C. hereof. • • I . • . • II 1L -'11,3 f C. Approval of Grantor for improvements: None of said Improvement tpermitted in this Article III, Sections 3A and 3B shall be erected, placed or allowed to stand without the prior written approval by the Grantor of I the size, plans, specifications, and locations thereof for a period of not - 1 more than four years following the conveyance of the last Lot cured by him. Such approval shall not be unreasonably withheld and a certificate thereof, • ' • f in form satisfactory for recording shall be furnished by the Grantor, if requested by an Owner seeking to erect, place or allow to stand upon any , f ' f lot any Improvements aforesaid. The Grantor shall not be responsible for any structural defects in such plans or specifications or in any building or structure erected according to such plans or specifications. ' D. Temporay Occupation: No trailer, motile home, basement of any I ince-plete building, tent, truck capes, shack, garage or barn, and no temporary building or structure of any kind shall be used at any tine for a f, { residence in the Residential Areas, either temporary or permanent unless in ! any specific instance such use shall have been authorized by the Grantor. • Temporary buildings or structures used during the construction of a dwelling 6 li in the Residential Areas shall be re-over.: immediately after the completion ; of construction. i. E. Nuisances: No refuse, rubbish vehicles parts or bodies of junk 1 { waste or d hris of any kind shall be placed or permitted to accumulate upon ] I or adjacent to any lot which will or may lender any such lot or any portion I; thereof unsanitary, unsightly, offense or detrimental to any other lot and no activity, structure or devise shall be conducted, built or maintained I which is or may be offensive or detrimental to any of the other property in 4 the vicinity or to its D occupants. All unregistered motor vehicles shall be garaged or otherwise hidden from the view of those persons traveling along • High Meadow Road or Return }mad. i F. Repair of Improvements: No Improver ent upon any lot shall be permitted to fall into disrepair, and each such Ir provuent shall at all tires be kept in good condition and repair and adequately painted or other- wise finished. G. Trash Containers and Collection: No garbage or trash shall be a placed or kept on any lot except in covered containers. P H. Slrhrlivision of Lots: No Lot or Lots shall be s>tr7ivided or altered in such a man-tar as to increase the total n,rber (eight (8)) of n'rbesed i Building Lots as shorn or: the Plan and permissable for Single-Family Residential c • Use. The Grantor or Gerald A. Jackson reserves the right to use the parcel shown as "Other Land to be Retained by Gerald A. Jackson" as an additional • Building Lot, in whole or in part, and to make oorrve}anees to any of the abutting ' landowners or Lot Curers from said parcel, providing that any such uses or conveyances are limited by the application of these Protective Covenants to ' which said property is subject. i I. Removal and Disturbance of Earth: No loam, peat, gravel, sand, or • I R other mineral resource of any kind shall be excavated or removed from'any Lot or Parcel shown on the Plan in such a marries as to affect the surface ! - . thereof, except in conjunction +dth the construction of improvements. I -f— ( . • �� -- . ' . r i 1 • • t • ;)5Ate , F At all tines brig said ocnstrvcticn when the wirfaae of the Lot or Parcel is disturbed, the Cwrer or his agent &hall undertake adequate siltation and erosion measures in accardanae with good la:escaping and aanstrtrtion practices srh as the USDA Soil Conservation Service cauidelines. This 1 Restriction rosy be waived for the constsuctiart of any ponds or waterways Instructed in accordance with any Order of Ccndit tons issued by the City of Norther.-pton Conservation 0: ission. { J. To.a. Removal: No ccerercial harvestir g of forest prod`rcts shall be all ' on the cal eyed Lots, and "clear-cutting" and other "de-nulling" pracadeea shall be prohibited. Any tree tt.cnal shall be selective in nature and conducted in accordance with good forestry practices directed at . improving the quality of the ucniela^ds and enhancing the natural beauty of . the Lots. Sound gees and bashes serving as buffers along lot-lines shall not be removed without the consent of the abutting Owners. tt s R. Sightlines and View Easements: It is the Grantor's intention that t all views as they presently exist be preserved, subject to only the anticipated limited constructions of residences that will take place as allowed. No Owner over whose Lot a view exists shall deliMrately endeavor to plant or cultivate any plant material which will diminish the existing views of another Lot Owner. In acting under the section on Approval of Improvements herein, the Grantor Y shall consider the protection of views in reviewing the plaoarent and height 1 of Irproverents. L. Surface Drainage: All surface drainage created by runoff water p f. resulting hum the construction of Improvements shall be contained on the Lot upon which the construction has taken place, or shall be directed into those storm water drainage easements that may be granted to the City of I Northaa_trn in connection with the construction of High ?eadaa Road as approved by the varinea City Herds, and as allowed by said Hoards. Any I use of existing "throws of fled may be maintained by any O.nrer. H. Horees: No more than four (4) horses shall be mainained on any �- Lot, notwit T standing any contrary provisions of the Zoning Ordinances of the City of Nort eeptan, and notwithstanding any contrary previsions of Article III, Section 2. H. hereof. ' i N. Recreation Vehicles: No motorize teeleaticral vehicle shall be operated on the property. . O. Exceptions for Grantor: Nothing contained in the Restrictions shall be construed to prevent the erection or r ainterance by Grantor, or its duly authorized agents, of structures or signs necessary or convenient to the development, sale, operation or other disposition of the property. Hb..ever, any such structures or signs shall be le.Ve'ed by the Grantor upcn the sale of all properties. ARrlctF IV 1. Ate .NT AND DURATlCTh A. Amen± nt or Re sal: These Restrictions may be aaai d or repealed at any time by the written consent of ter. thirds (2/3) of the Cwners of the Property (including the Grantor if it shall then by an Omer). Such aleal,a&t or repeal shall not be effective until such time as it has been recorded _S- .r_ i • I �r._...Yr. , r....."'....".." .". ""'.." ."7".... I i E • i i I • t f • with the Hampshire County Registry of Deeds. Notxithstanding the fore- going, no such a-e M ent or repeal will be valid, the intent of uch is to enable the Owner(s) to further srhrlivide their Lots or alter the dedication cc use of the Greenbelt Areas ardor Building Restriction Areas. i B. Duration of Restrictions: Subject to the provisions of Paragraph A 1 of Article IV, Section 1, hereof, the Restrictions shall continue in perpetuity.i • 2. EA'FORC NT ND NON-WkIVER: • I E A. Right of Enforcement: The Restrictions are for the benefit of the ! i Property and shall run with the land. Except as otherwise provided herein, any Owner of any Lot, including the Grantor, shall have the right to enforce any or all of the provisions of the Restrictions. r B. Violation of Law: Any violation within the Property of any state law or City By-Law, or any regulations pertaining to the ownership, occupation • or use of the Property is hereby declared to be a violation of the Restrictions and subject to any or all of the enforoenent prviced•.ires set forth in said Restrictions. C. Remedies Cumulative: Each remedy provided by the Restrictions i, • orulative and not exclusive. • D. Non-Waiver: 'The failure to enforce any of the provisions of if Restrictions at any time shall not constitute a waiver of the right there- -. after to enforce any such provisions of said Restrictions. 3. CONSTRUCTION AND SIVERABILTTY; SINLILAR AND PLURAL; PLURAL: • A. Restrictions Severable: Each of the provisions of the Restrictions shall be deed independent and severable, and the invalidity or partial • invalidity of any provision or portion thereof shall rot affect the valifity or enforceability of any other provisions. B. Singular Includes Plural: Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular; and the rrasculine, feninine or neuter shall each include the . • masculine, feminine and neuter. ,c C. Captions: All captions or titles used in the Restrictions are • intended solely for the convenience of reference azx: shall not affect that which is set forth in any of the provisions of said Restrictions. 4. INTENDED PE•TITICN FOR LfDICATICN: In carpliance with the Subdivision . I Regulations of the City of NortYarptcn, the Grantor will cemplete all required Izrproverents necessary to obtain a Rele-qe fran the City of any Covenant or Performance Guarantee required by said Regulations. Saving obtained such a Release and any ass_ciated Certifications, the Grantor shall petition the City to accept the road layout as a Public Way or Street. Each Owner shall be responsible for an amount equal to one-eighth of the cost of any such services and each owner shall have an equal voice in deciding the cost and nature of any such services. • . - - I r • • • 6 „,-- ••-• • • •_• • r . , , .. ' . . _ . . I. , . . . . , . 5. EASEMarrSt The Grantor reserves to htrielf;IKLi hais, ialcoessors and to 1 . assigns the rightrightconstruct, permit or grant. ntstor the inatallation and m_lintnance of drainage facilities ak'rrayg .by the City of North— ampton. The Grantor further and similarly reserves,the rightto grant easaients for the constructicn and maintenance of a.-klin;;;rrc.r utility eervioas being distributed to the "Property Subject to R6S•t3-1 '4,7as such rights ray be required by the City of Northarpton or these private =caries providing said services to the 'Property” herein. IN WITN— S WIEREDF, the said Fairway Associates, Inc., has caused its corporate seal to be affixed in its presence to be signed in its rare in behalf i . . by Gerald A. Jacksen, President and Treasurer. I - I . ) FAIRYASSGC1ATES, INC. , . 1 i By: old A. Ja • ident ardt Treasurer i . L altrn,,EALni OF MSSACI-1,7ETTS , HMSHIR , S. S. A410-.440 $0 , 1984 Before se pernonaily aiceared the abo...e.--nared Gerald A. Jackson and declared the foregoing to be the free act and deed of 1 Fairway As a , Inc., ,----4,---,- Timothy F Kashbarn, Notary Public my Corrissicn Expires: February 7, 1986 H .tre.... . I 3`) 19?1-t ! .itr ...;1, (q • ,„,L.m..Reed,eriecr„a rlt-;; l.:n..._..P..!._23(/-(4._- • ftt:..thlTta I; • .:.- : • . .. : r . .....