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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 r 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 r✓ r/ DECLARATION OF COVENANTS r 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 , *me -2- 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: • 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 , %we .n/ -3- 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 • V Law Office PATRICK J. AIELNI K I10 King Street dorthampton, M A 01060 =4- 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 on -5- IP Law Office PATRICK J. MELNIK 110 King Street orthampton, MA 01060 4. GENERA OBLIGATION AND SURVIVAL: r./ 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 4. 1 II ••o IP 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 3 ■- W ITM t _ � 1� 17� l�Fl LNE EASfi�T 7a URIS40MEM ElMmx a*~ f u33'�4 =Kv e'fS70.i►S' MW — HELEN J AEWZEL sue- erb+r r.3t` , Px� t� � r • � � � - � °—.� -_ JL . � sera► � 2 � AL t A AL q,�. AL u"xfIG x( OTTO .sr x x ful • MZE Ix Lp as -0 .0 m IEU .4 r =� rET� a • � � 3r As s f z_ Z ��cT s�-f fir. •�� k�1z }�� ti' ���-J- -- F ,. - _,tom;. -� <� t �-.� �' ,•�:�' , 9JR11EY C TO T}E TfOv9mm' AND PAOCEDL ML STANDAWS WR THE PIMGTKE OF LAID SURVEYM w THE TM OF I ffi%ff TMRT TM FUN NO well Pia ■ CCNFCNMTY W M THE qLXES AM O F THE NESS: OF OffaS OF THE . _W AMJ, i 4w LMAD Ai Z T Tiff LIUMAOT&L a t 1{ArrcE3► jLMWIED Rr a rta►�rsOW AMU J. 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