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B05550 P041
DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS
AT SHAWSHEEN RIVER ESTATES
WHEREAS, Shawsheen River Estates Associates Limited Partnership are the owners and developers of a certain tract or parcel of land situated in Wilmington, County of Middlesex, Commonwealth of Massachusetts, said premises being more specifically described in the deeds of Lester W. Chisholm, Trustee of Bay State Land Trust and Lester W. Chisholm and Ralph J. Chisholm individually and Alfred W. Fairbrother, dated June 22, 1990, and recorded in Middlesex County Registry of Deeds, Northern District, in Book 5258, Page 53, and in Book 5258, Page 45, respectfully, and said premises to be particularly shown as Lot C and Lots 1 and 3 on plans duly recorded at the Middlesex Registry of Deeds, in Plan Book 173 as Plan 67 and Plan Book 173, Plan 65 respectfully, pursuant to a comprehensive permit under M.G.L.A Chapter 40B, SS. 20 -23, said permit dated July 25, 1988, and recorded at the Middlesex County Registry of Deeds, Northern District in Book 5258, Page 57, and shown on a subdivision plan entitled “**” recorded with said Registry of Deeds in Plan Book 176, Plan 9 herewith, do hereby impose the covenants and restrictions hereinafter set forth on all of those lots situated on said subdivision plan for the benefit of all owners in said subdivision.
1. Land Use and Structure Type: Structures shall be used only for private residential purposes. No business, commercial, manufacture or industrial use shall be made of the structures of lots at any time.
2. Additions and Accessory Structures: No additions may be made to any structure, except as herein provided and each structure shall remain as shown on the plans on record at the office of the Inspector of Buildings for the Town of Wilmington, except that a 6’ x 8’ storage shed may be permitted; and, excepting further that a wooden deck and/or a screened-in-porch may be permitted. The additions and accessory structures permitted herein shall be subject to architectural review pursuant to Paragraph seventeen (17) of the Covenants. No other temporary building, tent, trailer, or mobile home shall be allowed on any lot, and no garage, or other more permanent accessory structure shall be permitted.
3. Open Fires: No open fires or rubbish burning shall be permitted.
4. Pools: Swimming pools whether above ground or in ground shall not be permitted.
5. Easements: There may be reserved easements for water courses, drainage facilities, maintenance of utilities, and shared or common driveways, as shown on subdivision plans as recorded. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of the flow of
** Subdivision Plan of Land in Wilmington, Massachusetts or Shawsheen River
Estates”, Scale: 1”=40’, Date: April 10, 1991, Engineers: Dana Perkins,
Inc., Civil Engineers & Surveyors, Tewksbury & Reading, Mass,
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drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements or access or ingress of vehicles. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company as may be responsible, may enter upon the premises for the purpose of cleaning, replacing or maintaining such easements, except that in a case of a common or shared driveway, the persons sharing such driveway shall equally share the costs of maintenance, repair and snow plowing.
6. Signs: No sign of any kind shall be displayed on any lot, except on sign of not more than one hundred fifty (150) square inches setting forth only the name of the owner residing thereon. Notwithstanding any provision herein, all signs shall comply with local zoning by-laws.
7. Household Pets: Not more than one dog, cat or other household animal may be kept in the Unit. If a pet creates noise, the Owners may request that the pet be removed from the unit, and the Owner of the pet shall immediately comply with such request. No pet shall be allowed to relieve itself on walks or paved streets or sodded areas. Owners shall comply with the Town of Wilmington leash law.
8. Garbage and Refuse Disposal: All lots shall be kept free of accumulation of trash or rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers.
9. Vehicles: No unregistered vehicles and no junk cares, or parts thereof, shall be permitted on any lot. All vehicles shall be parked off the streets and roadways. No trucks having a weight capacity exceeding three-quarter (3/4) tons shall be permitted on any lot.
10. Lot Grading: Lot grades shall not be changed in such a way as to divert the natural flow of water onto adjoining properties, or to flood or damage public roads and common drainage systems.
11. Building Exterior: No structure shall be left with an unfinished exterior. The exterior of each structure shall be kept in a proper state of repair and maintenance.
12. Materials for Painting and Repair: In all attached single family houses, each house shall be painted the same color, and repaired with the same materials, for siding, roofing, and other major exterior, architectural elements, as exist at the time of the first sale of such attached house, as specified in a list kept by the Architectural Review Committee; except that such Committee may permit a variance from this provision, but only upon receipt of unanimous, written approval of all other owners of houses that are attached to such building and only after
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Architectural review. Each homeowner shall be responsible for maintaining and repairing their own house, as if it were detached.
13. Term: These covenants are to run with the land and shall be binding upon all parties and all persons claiming under them from the date of recording of these covenants, until such time as they are repealed, by written instrument signed by three-fourths of the then owners of the lots and houses. These covenants may be amended by a vote of three-fourths of the then owners of the lots and houses by written instrument, which shall take effect upon recording at the Middlesex County Registry of Deeds, Northern District. Failure to specifically refer to an/or incorporate these protective covenants in deeds to lots shown on the subdivision plan shall not in any manner affect the validity and effectiveness of these restrictions upon any lot or house made subject to said restrictions by this declaration.
14. Enforcement: Enforcement of these restrictions and covenants shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant or restriction provided herein either to restrain violations or to recover damages and said proceedings may seek orders requiring owners to comply with the covenants and restrictions herein set forth.
15. Severability: Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect.
16. Notice of Restrictions and Covenants: A copy of these restrictions and covenants shall be recorded in the Middlesex County Registry of Deeds, Northern District.
17. Developer /Shawsheen River Estates Associates Limited Partnership: No improvement of any character, as specified in these protective covenants, other than the interior alterations not affecting the external appearance of the building or structure, shall be constructed upon any portion of a lot until a plan of such construction shall have been approved by the Developer / Shawsheen River Associates consisting of the signers of these covenants or their designated representative(s), as to the quality of workmanship and materials, harmony of external design with surrounding structures, location with respect topography and finished grade elevation, the affect of the construction on the outlook from surrounding properties and all factors which will, in the opinion of the Developer/ Shawsheen River Association, affect the desirability or suitability of the construction. No construction shall be commenced and no sites shall be graded except in accordance with such approved plan or modification thereof similarly approved.
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18. Camper, Trailer, Boat, Etc., Storage: No trucks or similar heavy duty vehicles, snowmobiles, boats, utility trailers and camping trailers will be allowed within the confines of the Development unless appropriate temporary or permanent, as the case may be, storage arrangements have been approved by the Developer/Shawsheen River Associates. This prohibition includes the overnight storage of such vehicles and equipment.
19. Clothes Lines: No clothing, linens or similar materials shall be hung or otherwise left or placed in or on the Facilities. No such articles shall be placed in a Unit so as to be exposed to public view.
20. Parking Spaces: Owners and their tenants shall be responsible to see that neither they nor their guests interfere with the right of the other Owners and their tenants to appropriate use of parking spaces. Repairing or servicing of vehicles within the parking areas is prohibited. Vehicles parked in violation of this rule will be towed at Owners expense.
21. Amendment: These Protective Covenants and Restrictions may be revised in any way at any time by the Developer/Shawsheen River Associates or its successors and assigns as conditions warrant, provided that a written communication is sent to each owner advising her/him of the change.
22. Offensive Activities: No owner may use or maintain his Unit or the areas appurtenant thereto for any purpose or in any manner which is contrary to any present or future applicable law, rule, regulation or requirement of any governmental authority; which may constitute a nuisance or be offensive, hazardous or disreputable. No Unit or Owner shall make or permit any disturbing noises by himself, his family, servants, employees, agents, visitors, lessees, or licenses nor do nor permit anything to be done by such persons which will interfere with the rights, comfort or convenience of other Unit Owners.
23. Fences: The only fences allowed will be no more than three (3) feet in height. Chainlink fences are not allowed.
24. Antennas: No rooftop antennas of any type will be allowed.
25. Private Maintenance: Each building and/or other structures as well as the lawns, shrubbery or other instances of landscaping shall be maintained or caused to be maintained by the individual lot owner(s) whose responsibility it shall be to maintain structures and landscaping as herein referred to a degree consistent with commonly accepted standards of good housekeeping maintenance. This provision on Private Maintenance may be enforceable by any one of more owners of any one or more lots on the plan. Enforcement shall include but not be limited to actions at law or equity seeking to enjoin owners from violating
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this provision and, further, seeking orders requiring owners to maintain structures and landscaping as herein referred to as a degree consistent with the letter and the spirit of this provision.
26. Party Wall and Property Maintenance Covenant: Shawsheen River Estates Limited Partnership has or will cause to be constructed upon certain of the lots within the subdivision, residential dwelling structures which form a part of a duplex, triplex or quadplex structures sharing in such instances roofs, walls and siding with other dwelling units on adjoining lots.
It is the intention of Shawsheen River Estates Associates Limited Partnership to make and declare each said lot to be subject to the following covenants:
(a) That it declares said dividing wall(s), roof or siding (hereinafter referred to as “party wall(s)) to be (a) party wall(s) for said real estate.
(b) That no person shall have the right to add to, or detract from said party wall(s) in any manner whatsoever, it being the intention that said party wall(s) shall be at all times and remain in the same position as erected.
(c) If it shall become necessary to repair said party wall(s), the expense of rebuilding the same shall be borne by the then owners of the fee, in equal proportions, and whenever the said party wall(s), or any portion thereof shall be erected on the same place where it stands and be of the same size as when originally erected.
(d) The fee owners of each of the aforementioned lots, shall maintain the dwelling unit thereon in good condition and in good order and repair at his own expense and shall maintain a minimum temperature of 40 degrees in his unit in the winter and shall not allow anything to be done on his lot or to the building thereon which may increase the rate or cause cancellation of the hazard insurance on the dwelling unit attached to his unit or which may cause damage to said attached unit(s) or markedly lessen the resale value.
(e) In the event that any owner desires to change the exterior color of the structure, then the decision on the color to be selected shall be by mutual agreement between the owners of each of the units of the affected duplex, triplex or quadplex.
(f) This Declaration shall be enforceable by any owner of one attached of said residence building against the owner of the other attached unit(s). Each owner of a unit shall have each and all the rights and remedies herein provided and which may be available at law or in equity and may prosecute any actions or other proceedings against such owner(s) of an attached unit(s) who is in default under this Declaration.
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(g) This Declaration shall at all times be construed as a covenant running with the land.
(h) This Declaration shall be binding upon the undersigned, their heirs, successors, assigns and grantees.
27. Homeowner’s Association: Nothing in these protective covenants shall prevent the establishment of a Homeowner’s Association to further carry out these protective covenants.
28. Termination of Restrictions: These covenants and restrictions shall run with the land and shall remain in effect for a period of twenty years from the date hereof, after which they shall continue in effect for successive periods of ten years unless terminated by an instrument duly executed by the owners of more than one hundred lots on the plan.
29. Amendment and Waiver: Shawsheen River Estates Limited Partnership hereby reserve the right to amend the provisions hereof so long as it is the owner of at least four of the lots shown on the plan. No such amendment which increases the scope or burden of the restrictions hereby imposed shall, however, be effective as to any lot not owned by Shawsheen River Association unless the owner(s) thereof assent(s) thereto. Shawsheen River Estates Associates Limited Partnership further reserves the right to waive strict compliance with the provisions hereof whenever , in its sole and complete discretion, it determines that literal enforcement will create an undue hardship with respect to a particular lot or structure erected or placed thereon
30. Governmental Regulation: The provisions of the within Declaration are intended to supplement, not supersede, all applicable governmental regulations which affect or control the use and enjoyment of the land in the subdivision and the structures erected, or to be erected, thereon. In the event that compliance with the requirements hereof will make compliance with the applicable governmental regulations relating to the land or structures impossible, then the requirement creating the conflict will be deemed to have been waived
31. Delegation of Approval Authority: Shawsheen River Estates Association Limited Partnership hereby reserves the right to specifically delegate all of the rights and powers hereby established in its favor. The bare conveyance by Shawsheen River Associates of lots shown on the plan shall not be construed as an assignment of Shawsheen River Estates Associate Limited Partnership’s rights. The delegation shall take effect upon the recording in said deeds of an instrument making specific delegation which instrument may include a deed or a mortgage.
32. Seperability: If any of the provisions of this Declaration or the application of such provisions to any person or lot or circumstances shall be held by a court of competent jurisdiction to be valid, the remainder of this Declaration or
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the application of such provisions to persons or lots or circumstances other than those as to which it is held invalid, shall not be affected thereby.
EXECUTED AS A SEALED INSTRUMENT THIS 3rd DAY OF June, 1991
SHAWHEEN RIVER ESTATES
ASSOCIATED LIMITED PARTNERSHIP
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