Declaration of Restrictive Covenants
| Date | 2015-12-09 |
| Category | Founding Instruments |
| Status | Public record — recorded or publicly filed |
| Recording | Bk 34576 Pg 471 |
| Verify at source | Southern Essex District Registry of Deeds — search Bk 34576 Pg 471 |
| Pages | 6 |
| Size | 1.5 MB |
Extracted text (searchable)
[Registry stamp: SO.ESSEX #116 Bk:34576 Pg:471 — 12/09/2015 09:57 CVNT Pg 1/6]
DECLARATION OF RESTRICTIVE COVENANTS AND COMMON SCHEME RESTRICTIONS
FOR ESSEX CROSSING AT MONTSERRAT, BEVERLY, MASSACHUSETTS
WHEREAS, DUC Residential LLC, hereinafter referred to as the DEVELOPER, owns
certain land in Beverly, Essex County, Massachusetts, shown on a certain
Definitive Plan entitled, "Open Space Residential Subdivision Essex Crossing,
Beverly, Massachusetts", prepared by Hayes Engineering, Inc. recorded as Plan
No. 73 in Plan Book 446 at Essex South Registry of Deeds (hereinafter the
"Plan").
WHEREAS, DEVELOPER, desires to provide for the preservation of the values and
the amenities of said subdivision and community; and, to this end, DEVELOPER
desires to subject all lots as shown on the aforesaid plan to the Covenants
and Restrictions hereinafter set forth, each and all of which is and are for
the benefit of said property and each owner thereof, enforceable by and such
owner at law or in equity, subject to Paragraph 4 and Paragraph 9 below.
NOW, THEREFORE, the DEVELOPER declares for itself and its successors in
record title, that the lots as shown on the Subdivision plan, above described
are and shall be held, transferred, sold, conveyed, inherited and occupied
subject to and with the benefit of the Covenants and Restrictions hereinafter
set forth, which restriction shall run with the land, but shall expire thirty
(30) years from the date hereof, unless otherwise extended by written notice
recorded in the Essex South District Registry of Deeds, executed by any owner
of such lot then holding title subject to the terms of paragraph 10 below.
All lots in the subject subdivision shall be conditioned and restricted as
follows:
1. APPROVAL OF ALL PLANS. Whether or not provision therefore is specifically
stated in any conveyance of any one or more of the aforesaid Lots by the
DEVELOPER, the owner or occupant of each such Lot by acceptance of title
hereto, or by taking possession thereof, covenants and agrees that no
structure, including, but not necessarily limited to any residential
structure, appurtenant building, fence or other permanent structural
improvement, shall be constructed or maintained on any lot, and no alteration
of the exterior of an existing structure or addition thereto shall be made,
unless complete plans, specifications, and lot plans therefor, showing the
exterior design, height, building material and color scheme thereof, the
location of the structure on the lot, the location and size of the driveways,
fencing, walls, and the grading plan shall have first been submitted to and
approved in writing by the DEVELOPER or its nominee, and a copy of such
plans, specifications and lot plans as finally approved are deposited with
the DEVELOPER or its nominee.
The DEVELOPER shall have the sole and exclusive right to refuse to approve
any plan, design specifications or building materials, which the DEVELOPER
deems not suitable or desirable for the overall development of the
subdivision.
[p. 1 footer: Brian D. McGrail, Esq., 599 North Avenue, Suite 7 Second Floor,
Wakefield, MA 01880]
The DEVELOPER or its nominee shall issue a written certificate, acknowledged
for the purpose of recording, certifying that the building plans required by
this restriction have been submitted to and have been approved by the
DEVELOPER or its nominee as herein required. The issuance of such a
certificate by the DEVELOPER or its nominee shall be conclusive evidence that
such approval has been obtained.
2. COMPLETION OF WORK. The DEVELOPER shall have the right to insure that any
building on any Lot in the above-referenced subdivision is completed in
conformity with the plans, specifications, and information submitted to it
and approved by it. All exterior work on the principal structure, together
with any landscaping, grading, and driveway construction undertaken in
connection with the development of the Lot shall be completed within one (1)
year from the date of approval of the plans and specifications so approved.
Upon completion of the work, the DEVELOPER or its nominee shall issue a
Certificate of Completion acknowledged for the purposes of recording,
certifying that the work has been completed in conformity with the plans and
specifications approved by the DEVELOPER, and within the requisite one-year
period. The issuance of said Certificate by the DEVELOPER shall be conclusive
evidence that such work has been completed.
Any construction to be undertaken upon any lot protected hereunder shall
commence within six (6) months of approval from the DEVELOPER. All
construction so commenced shall be diligently pursued and shall be concluded
with the aforesaid one (1) year period.
If no notice of suit is recorded in the Essex South District Registry of
Deeds, indexed in the grantor index under the lot owner(s) name, within two
(2) years after completion of any building, structure, or other permanent
structural improvement, alteration, addition, or landscaping, then the work
so completed shall be conclusively deemed to have complied with this
restriction and restriction Number 1, notwithstanding the lack of any
certificate signed by the DEVELOPER or its nominee appearing in the chain of
title. For the purposes of this paragraph, the issuance of an occupancy
permit by the City of Beverly shall be deemed to be evidence of the date of
the completion of any building or structure herein contemplated for which
such permit is required.
3. MISCELLANEOUS RESTRICTIONS.
(A) No use shall be made of any Lot which shall be in conflict with the
Ordinances of the City of Beverly, except as the same may be lawful by means
of a variance or special permit granted by the Board of Appeals, Planning
Board, or City Council.
(B) Close lines and poles are prohibited. Outside television antennas,
satellite dishes, radio aerials shall be located on or near each residence in
such a way that they are neither visible from the street nor obtrusive in any
way to neighbors, in addition to being minimally visible from the ways as
shown on the plan as possible. Any solar panels must be in or on the rear of
a building and NOT visible from the street.
(C) No buildings, other than single, one-family dwelling and appurtenant
out-buildings shall be erected, placed or maintained on any Lot. Appurtenant
out-buildings may include a garage, a tool house, play house or similar
structures, provided always that the plans and location for erection and
installation of any building or out-building shall, prior to the commencement
of construction be approved by the DEVELOPER as hereinafter provided.
(D) No structures of a temporary character, trailer, tent, shack, garage, or
barn shall be used on any Lot at any time as a residence either temporarily
or permanently.
(E) Utility service connections to any building(s) erected on any Lot, in and
from the way shown on the Plan, shall be constructed and maintained
underground.
(F) No business, trade or profession or sanitarium shall be conducted from
any building erected on any Lot, excepting however, that where permitted by
applicable zoning law a lot owner may maintain an office in his residence
thereon, provided he employees therein not more than one person, and provided
further that notwithstanding the foregoing, so long as the DEVELOPER continue
to own any lot in the subdivision, the DEVELOPER and its employees, agents
and contractors may operate and maintain a real estate sales office on any
lot or lots in the subdivision and may perform all acts necessary to
construct the subdivision and the houses therein including, without
limitation, storage of construction vehicles and materials and maintenance of
an on-site office trailer or trailers.
(G) No poultry house, rabbit hutch, or dog, cat or animal kennel, shall be
erected or maintained on any Lot. No animals, livestock, poultry of any kind,
or other barnyard animals be stabled, maintained, raised, bred, or kept
thereon. This restriction shall not apply to household pets, including dogs
and cats, which may be kept in a reasonable number, provided they are not
kept, bred or maintained for any commercial purposes. All dogs must be
restrained on the lot of the owner or on a dog leash and feces must be picked
up on a daily basis.
(H) All rubbish, trash and garbage shall be kept only in suitable sanitary
containers to the rear of the dwellings or within them. No Lot shall be used
or maintained as a dumping ground for rubbish, trash or garbage. All
equipment for the storage or disposal of such material shall be kept in a
clean and sanitary condition and not visible from any street.
(I) No yard or open area on any Lot shall be used for the storage of trucks,
machinery, supplies, materials or equipment of any business conducted by any
Lot owner off the premises. This provision shall not apply to the DEVELOPER
so long as any lots in the subdivision remain unsold. All boats and trailers
shall be stored behind the homes so as to limit visibility of said boats and
trailers from the street and adjacent houses. Any and all unregistered
vehicles shall be stored within a garage.
(J) No sign of any kind shall be displayed to the public view on any lot
except (i) one sign of not more than 6" width and 25" length in size denoting
the owner's name(s) and/or profession, or (ii) a sign stating that the lot
and any house thereon is for sale or (iii) any sign required in connection
with an Order of the Beverly Conservation Commission; provided, however, that
all signs shall comply with the Ordinances of the City of Beverly in all
respects. Notwithstanding the foregoing, so long as the Owner continues to
own any lot in the subdivision, the Owner, its employees, agents and
contractors may place, maintain and relocate any signs which they deem
necessary in connection with the development and sale of lots in the
subdivision.
(K) Any structures at any time located upon any Lot shall be kept in good
order and repair. All grass shall be kept neatly trimmed and hedges and other
vegetation pruned.
(L) No obnoxious or offensive activity shall be carried on upon any Lot, nor
shall anything be done thereon which may be or may become an annoyance or
nuisance to the neighborhood. Dogs, which bark on a continuous basis, shall
be deemed to be obnoxious and offensive activity.
(M) Mailboxes and there general location shall be approved by the Developer
and the lot owner shall maintain the same in a good manner. The lot owner
shall pay for the purchase and installation of the mailbox.
(N) Notwithstanding any other restrictions in this document, fencing may only
be installed between the front setback of the house and the rear lot line.
Thus, there shall be no fencing between the actual front wall of the house
that runs parallel to the street and the front lot line and/or the street
line. Fencing may run from the front corner of a house to or toward the side
lot line with the condition that it may only be 4 feet high and it may not be
a chain link style fence.
4. ENFORCEMENT OF COVENANTS. As long as the DEVELOPER shall retain legal
title to any land shown on the Subdivision Plan aforementioned, the DEVELOPER
alone, in its sole discretion, shall have the power to enforce the covenants
herein contained. After all of the lots shown on the Plan have been conveyed
by the DEVELOPER, any lot owner may enforce these restrictions. Enforcement
of these covenants may be exercised by legal proceedings to restrain
violation(s) or recover damages. In no event shall any enforcement of these
restrictions result in a reversion of title from an individual lot owner to
the DEVELOPER.
5. WAIVER OF BREACH. The failure of the DEVELOPER to enforce any restriction,
covenant, or agreement herein contained shall in no way be deemed a waiver of
its right to do so thereafter for any subsequent or continuing breach.
6. EASEMENTS. The DEVELOPER, its agents, servants, employees, successors and
assigns and City of Beverly shall have the right and easement at any time;
before or after conveyance of said lots to enter upon the same for the
purpose of constructing the streets and sidewalks required in the
subdivision, together with the right and easement, if necessary, to grade
such lots in accordance with the requirements of the City of Beverly and any
of its boards, commissions, or authorities having jurisdiction over the
construction of the subdivision. All of the foregoing may be accomplished
without being guilty of trespass or in any way answerable for damages.
Easements, if any, for drainage or other utility purposes are reserved in
perpetuity as shown on the recorded subdivision plan as the same may be
amended from time to time. Within those 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 to direction of flow or drainage channels in the easements. Any
easement area on a lot and all improvements in it shall be maintained
continuously by the lot owner except for those improvements, if any, for
which a public authority or utility company is responsible.
7. INVALIDITY. Invalidation of any one of these restrictions or covenants by
judgment or court order shall in no way affect any of the other provisions
which shall remain in full force and affect.
8. RESERVED RIGHT TO GRANT EASEMENTS. The DEVELOPER, for itself and for its
successors in record title, reserve the right to grant easements for utility
purposes, cable television services, and similar services, in the ways which
are shown on the aforementioned plans, so long as they are private ways and
within the Open Space. Prior to the conveyance of any lot, but subsequent to
the contracting for the sale of any such lot, the DEVELOPER may grant such
easements as may be necessary on any lot for utilities, cable, storm water
drainage, or similar services, provided such easements do not substantially
affect the use of the lot for residential purposes.
9. RESERVED RIGHT TO AMEND. The DEVELOPER hereby reserves the right, in its
sole discretion, to amend this Declaration of Restrictive Covenants at any
time prior to DEVELOPER'S conveyance of all of the lots in the subject
subdivision; provided that no such amendment shall become effective until
recorded with the Essex South District Registry of Deeds; and provided
further, that no such amendment shall affect any lots within the subdivision
conveyed by the DEVELOPER prior to the recordation of any such amendment.
10. TERMINATION OR AMENDMENT OF COVENANTS BY AGREEMENT. Before the
expiration of the terms of these restrictive covenants, said restrictions may
be extended for successive periods of ten years unless an instrument signed
by a majority of the owners of the lots as shown on the subdivision plan has
been recorded, agreeing to change or terminate said covenants in whole or in
part.
11. CONVEYANCE BY THE WAY. No conveyance of any lot will convey the fee in
any of the ways shown on said plan, the DEVELOPER reserving to itself the fee
title, subject to the rights of the lot owners to pass and repass and to use
the ways together with all other s entitled thereto for all purposes for
which streets and ways are used in the City of Beverly.
12. WAIVER AND VARIANCE. So long as DEVELOPER owns any lot in the
subdivision, the DEVELOPER may in its sole unfettered discretion for any
reason it deems appropriate waive any term or provision hereof or grant a
variance from any term or any provision hereof. Thereafter, such authority to
grant a waiver or variance shall be with the lot owners and may be exercised
by owners of more than one half (1/2) of the lots then subject to these
covenants. Any such waiver or grant of variance shall be in writing and shall
be evidenced by a document recorded with the Essex South District Registry of
Deeds.
IN WITNESS WHEREOF, the said DUC Residential LLC, have hereto affixed their
hands and seals this 9th day of December 2015.
DUC Residential LLC
By: Paul DiBiase, Manager
COMMONWEALTH OF MASSACHUSETTS
Middlesex, SS — December 9, 2015
On this 9th day of December, 2015, before me, the undersigned notary public,
personally appeared Paul DiBiase, Manager as aforesaid proved to me through
satisfactory evidence of identification, which was his Massachusetts Drivers
license to be the person whose name is signed on the preceding document and
acknowledged to me that he/she signed it voluntarily for its stated purpose.
Notary Public: Brian D. McGrail
My Commission Expires: 3/14/19
[Notary seal: Brian D. McGrail, Notary Public, Commonwealth of
Massachusetts, My Comm. Expires March 14, 2019]
[Transcribed 2026-07-17 from the recorded scan (200 dpi page renders) for
this site with AI assistance; verbatim including original
typographical errors ("continue to own", "there general location",
"change to direction of flow", "with the aforesaid one (1) year period").]
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