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16A-020 Fairway Village Dedication of Land 1985DEDICATION OF LAND OF FAIRWAY VILLAGE, INC. NORTHAMPTON (LEEDS), MASSACHUSETTS KNOW ALL MEN BY THESE PRESENTS, that FAIRWAY VILLAGE, INC. the owner in fee simple absolute of the real estate on the southerly side of Main Street in Leeds, Hampshire County, Massachusetts, utilized as a 9 hole golf course sometimes known as the Northampton Country Club hereby make the following dedication of said land pursuant to the conditions of the Special Permit for the Planned Unit Development granted by the Planning Board of the City of Northampton. Said dedication to be consistent with the requirements of Section 11.5, Subsections 7 and 8 to open space recreational use such as totlot, park, playground, play field, golf course or conservation area. In the event that Fairway Village, Inc., or _a subsequent owner of the Golf Unit as described in the Master Deed of Fairway Village Condominium (hereinafter the "Owner "), recorded simultaneously herewith as document No. In the Hamp- shire County Registry of Deeds fails to maintain the common open space in reasonable order and condition in accordance with the provisions of said Section 11.5 of the Zoning Ordinance of the City of Northampton, then the City of Northampton may serve notice in writing upon such Owner setting forth the manner in which the Owner has failed to maintain the common open space in reasonable condition, and such notice shall contain a demand that such deficiencies of maintenance be cured within 30 days thereof, and shall state the date and place of a public hearing thereon which shall be held within 20 days of the notice. At such hearing, the City may modify the terms of the original notice as to the deficiencies and may grant an extension of time within which they shall be cured. If the deficiences set forth in the original notice or in the modificaiton thereof shall not be cured within said 30 days or any extension thereof, the City in order to preserve the taxable values of the prop- erties that comprise the common open space and to preserve the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for one year. Said entry and maintenance shall not vest in the public any right to use the common open space except when the same is voluntarily dedicated to the public by the Before the expiration of said one year period the City shall, _ upo its initiative or upon the request of the aforesai�er theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to r thee�Owne�r to be held by the City Council, at which hearing the Owner may show cause why such maintenance by the City shall not, at the election of the council, continue for a succeeding one year period. If the Council shall determine that trP nwnPr is ready and able to maintain the common open space in reasonable condition, the City shall cease to maintain the common open space at the end of said one year period. If the Council shall determine that the Owner is not ready and able to main- tain the common open space in reasonable condition, the City may, in its discretion, continue to maintain the common open space during the next succeeding year, and subject to similar hearing and determination in each year hereafter. Any such maintenance of the common open space by the City of Northampton shall be assessed against the Ow ez and shall become a lien against said Gol and such charge shall be paid by the Owner within 30 days after receipt of a statement therefore. IN WITNESS WHEREOF, the said FAIRWAY VILLAGE, INC. has caused its corporate seal to be affixed hereto and these presence to be signed, acknowledged and delivered in its name and behalf by Richard C. Caparso, its President and Treasurer, hereto duly authorized this day of 1985. Witness: FAIRWAY VILLAGE, INC. By Richard C. Caparso, President and Treasurer COMMONWEALTH OF MASSACHUSETTS ss. 1985 Then personally appeared the above -name Richard C. Caparso who being by me duly sworn, did say that he is the President of Fairway Village, Inc. and acknowledged the foregoing instrument to be the free act and deed of said Fairway Village, Inc., before me. Notary Public My Commission Expires: 04DedicationFairway -- x CONDITIONS FOR THE APPROb�TL OF THE FAIRWAY VILLAGE P.U.D. SPECIAL PERMIT a o 1. The applicant shall submit detailed engineering plans, prepared by a Registered Professional Engineer and Registered Land Surveyor with his seal affixed, showing access and interior roadways, water system, sanitary sewer system, storm sewer system, and all other utility systems and their appurtenances, as well as a detailed planting and landscaping plan, including the restoration of construction areas, to the Northampton Plan- ning Board for their review, approval and endorsement prior to the commencement of any work. Additional copies of such plans shall be made available by the applicant to the Planning Board, upon request, for dissemination to any other boards, commissions or agencies that the Board feels are appropriate. Failure of the Planning Board to respond to the applicant, in writing, as to whether or not such plans meet their approval., within sixty days of receipt of such plans by said Board shall be deemed to have such approval granted. Failure of appropriate boards, commis- sions or agencies, who have had plans submitted to them, to make recommendations to the Planning Board within thirty days of re- ceipt by such body shall be deemed lack of opposition thereto. 2. The following items shall be reviewed by the Northampton Fire Chief and Board of Public '"'orks prior to the approval of the detailed engineering plans: o the water supply system shall be looped (not a dead end) in order to maintain an adequate flow and pressure; o all turning radii and road widths shall be adequate for the safe access of emergency vehicles. 3. The following items shall be reviewed by the Northampton Fire Chief prior to the approval & the detailed engineering plans: o the number, type, fittings, height and placement of fire hydrants; o the number, type, height and placement of fire alarm boxes. • 4. The water mains and sanitary sewers shall be dedicated to, and main- tained by the City, but the access and interior roadways serving the Planned Unit Development, and shown on the above referenced plans, are not City ways. The maintenance, operation and repair, including snowplowing and snow /ice removal (performed to the satisfaction of the Fire Chief), and storm sewers shown on such plan shall be the responsibility and liability of the landowner(s) and /or any homeowner. association which may be established. If application is ever made for the access and interior roadways to become City ways, they shall be made to conform to the standards and specifications for City ways, as determined by the City Engineer, at the expense of the applicant, its successors or assigns. • Scanned Digitized Checked y r • v • F 5. In the event that the road system is not completed in its entirety prior to the beginning of construction of any group or groups of units, a temporary turnaround shall be provided which shall meet the approval of the Planning Board. 6. Parking shall be prohibited on all access and interior roadways, except for parking areas designated on the approved plans. 7. A Performance Guarantee in the form of a covenant, wexecutedland, duly recorded by the owner of record, and running struc- whereby such ways and services shall be provided to serve any ture before such structure may b thateaemortgagee who acquires ° they pro than by mortgaged deed; title to the mortgaged premises by foreclosure or otherwiseselld any succeeding owner of such premises or part thereof, may any such structure, subject to that portion of the covenant which sub provides that no structure sh we occupied, le r o serve a conveyed until such services Y herein shall be such structure; and provided further, that nothing deemed to prohibit a conveyance by a single deed, subject to such covenant, of either the entire parcel of land ousl]ereleasedlby the Special Permit or of all structures not previously a iously. Such Per - Planning Board, shall be recorded by PP formance Guarantee must be approved as to form, content and manner fo execution by the Planning'Board prior to the applicant's of shire County Registry of Deeds. Such recording it in the Hamp artially released by the Performance Guarantee shall be fully or p Planning Board when they deem that such required improvementi Guarantee have been fully or partially covered by the Performance completed. Upon completion of all work for any phase such Performance Guarantee as applicable to that phase, shall be released in its entirety. However, a new Performance Guarantf for t an t amount� equal ten of a bo deposit or negotiable security the required percent (10 %;) of the construction osted by thepappligcant for a utilities and roadways, shall p antee the adequate performance period of twelve (12) months to guar of such utilities and roadways. Should the applicant requ est a release (either partial or otherwise) from the conditions of this covena t when the prow rovi- sions of such covenant have not been fully complied the Planning Board may require an additional Performance Guarantee, feels in the form of a bond, in an amount which the.Plhening Boar ways h is adequate to coer date eferred to #8 of this and services by the provisions Special Permit. Such bond shall conform to the other p of this Condition and shall not ess t p ire le an eofhsuch required months after the deadline date for enforced improvements as stated in Condition #8. All bo nd s Board for the an any such deposit may be applied by benefit of the Cit, for which any such reasonable cost to installation. P.U.D. Conditions Page .s of Northampton upon failure of the performance bond or deposit was given to the extent of the the City of completing such construction and 8. All required improvements relating to access and interior roadways, storm drainage, water systems, sanitary sewer systems and all other utilities and their appurtenances shall be completed within seven (7) years from the date of final approval of all detailed construc- tion plans. Any increase or extension in the completion deadline shall be subject to the approval of the Planning Board, and the Performance Guarantee shall be increased and /or extended propor- tionately. 9. All occupancy permits must be signed by the Chairman or designated representative of the Planning Board to insure compliance with the conditions of this Special Permit. 10. This Special Permit is issued to the applicant and is transferable. 11. This Special Permit is issued only for such use(s) and densities as is specified in the Application and plans as submitted on December 4, 1980. 12. Any deviation from the specifications or provisions of the approved plans, except as provided for under Condition.No. 14, shall be subject to the prior approval of the Planning Board. 13. The residential construction under this Special Permit is condi- tional upon the completion and functional operation of the City's proposed 24" sanitary sewer line running through the project, except that as many as two (2) units may be constructed for use as a model or office or both, and may be temporarily serviced by on -site waste disposal systems in conformance with appropriate regulations. 14. All of the provisions of the Conservation Commission's Orders of Condition with regard to this project shall be considered as a part of this Special Permit, and a Certificate of Compliance must be issued upon satisfactory completion of such Orders of Condition. z 15. Prior to the occupancy of any unit all landscaping shall be completed for such unit. 16. All easements required by the Planning Board shall be recorded by the applicant in the Hampshire County Registry of Deeds. Prior to such recording the applicant shall submit the appropriate instruments to the Planning Board and City Solicitor for their approval as to form and content. 17. A natural screening or planting strip, which meets the approval of the Planning Bo.3rd, shall be provided and maintained by the developer and any subsequent homeowners' association along the F� western most portion of the southerly property line abutting land now or formerly of Emerson. Such screening or planting strip shall not interfere with safe sight distances at the intersection of the access road and Spring Street, and must be planted within six (6) months from the beginning of roadway construction. 18. NTo patios or decks shall be constructed, for the thirteen units situated on the bluff overlooking the Mill River, except as. approved by the Conservation Commission in its Orders of Condition and subsequent motion of March 9, 1981, as evidenced in the Applicant's letter to the Commission, dated March 10, 1981. 19. Members and designated agents of the Planning Board shall have the right to enter and inspect the premises to evaluate compliance with these conditions and to require the submittal of any data which may reasonably be required by and deemed necessary by the Board for that evaluation. 20. "As built" plans of the water and sewer systems, including pro- files, certified by the project's Professional Engineer, spec_fying how the completed work differs from that shown in the original plans reviewed and approved by the Planning Board, shall be sub- mitted to and approved by the Planning Board and Board-of Public Works prior to being put into service. Upon completion of any and all phases a certificate of compliance will be submitted to the Planning Board by the project's Profes- sional Engineer stating that all utilities and roast construction have been completed in accordance with the approved design stan- dards of Condition #1 of this Special Permit. 21. The exterior finish on the thirteen units situated on the bluff overlooking the Mill River shall be of a color to minimize their visual impact upon Look Park, subject to approval of the Planning Bo rd. 22. No permits shall be issued for the construction of any units until the Building Inspector is notified in writing by the Planning Board that the appropriate provisions of this Special Permit have been complied with. 23. This Special Permit shall lapse if substantial construction of the development has not commenced within two years from the,date of the Planning Board's approval of such Special Permit, except that the unavailability of the sewer line shall be considered 'good cause' for an extension, under Chapter 40A, Section 9. "Substantial" in this case mean construction related to road- ways, water systems, sanitary sewer systems, storm drainage systems, or housing units. The Planning Board in the exercise of its rea- sonable judgment shall determine if performance by the Developer in any one area or combination of areas satisfies requirements for "substantial construction." W • Ir i I h 24. This Special Permit is conditional upon the Planned Unit Develop- ment conforming with the provisions of Section 11.5(8) of the City of Northampton Zoning Ordinance and with the provisions of Chanter 183A, M.G.L. y 9� Date Donald Robinson, Chairman l l l�