HomeMy WebLinkAboutDRAFT Protective Covenants and Restrictions
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PROTECTIVE COVENANTS, RESTRICTIONS, RIGHTS AND
RESERVATIONS GOVERNING
“____________________ SUBDIVISION”
A RESIDENTIAL CLUSTER SUBDIVISION IN
YARMOUTH (PORT), MASSACHUSETTS
Whereas, DeWitt P. Davenport, Trustee of Davenport Realty Trust, with an address of 20
North Main Street, South Yarmouth, MA 02664 (hereinafter referred to as the “Grantor”) and
Christian Davenport, President and Treasurer of the Miracle Way Homeowner’s
Association, Inc., (hereinafter referred to as the “MWHA” or Corporation) recorded herewith
are the owners in fee of land located in Yarmouth (Port), Massachusetts, being shown on a as
Lots 1 through and including 14, including and the fee in Academy Hill Lane, all as shown on a
Subdivision Plan entitled "Definitive Subdivision Plan of Land of the proposed Single-Family
Cluster Development at Lot 2, Route 6A, Yarmouth Port, MA for The Davenport Companies",
prepared by John M. O'Reilly, P.L.S., of J.M. O'Reilly & Associates Inc., and is dated February
18, 2022 and stamped March 15, 2022, which plan is recorded at Plan Book ______, Page ___;
Whereas, it is the intention of the Grantor to create an area designated on said plan above noted
in Yarmouth (Port) as aforesaid as a desirable Residential Cluster Subdivision, with Open Space,
residential community for the lots in the subdivisions; to encourage the erection of attractive
homes properly designed; to secure proper and pleasing site development and to assure the high
quality of community appearance; and,
Now therefore, to protect and preserve the natural beauty and scenic view and to create a
desirable residential community and to appreciate the value of all lots on said plan for the mutual
enjoyment and privacy of all those presently owned and to be conveyed to the future lot owners,
Grantor does voluntarily impose the following restrictions, conditions, reservations and rights to
be applicable to all building lots (the “Lots”) as shown on said plan, which said restrictions,
conditions, reservations and rights shall run with the land and be binding on all parties having
hereinafter having any right, title or interest in said premises.
SECTION ONE
ADMINISTRATION
1. Grantor, or a single designated successor or assigns, reserves the right to release, waive,
modify, or amend the restrictions set forth in Section 2 of this document, in whole or in
part, in any manner he may determine shall be for the benefit of the area; provided,
however that no modification or amendment which is more restrictive shall be effective
without prior written approval of the Lot owner or its successor or assign of each lot
effected. Further DeWitt P. Davenport, MWHA or their successors shall be the sole
judge as to the properness of the waiver, modification or amendment of the restrictions
and shall not be under any legal obligation to notify the lot owners in advance of such
change.
2. Grantor is hereby granted the right to assign all or any portion or its rights, powers and/or
duties under these restrictions except as provided in paragraph one above, to the MWHA,
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being the corporation established for the benefit of the homeowners association or any
other agent of said MWHA’s choosing acting under said Corporation or independently
thereof, any such assignment to be in writing with the successor or assignee accepting the
same and duly recorded in the Barnstable County Registry of Deeds.
3. DeWitt P. Davenport, MWHA, or its designated successor or assign, including the
homeowner’s association, shall have the right to charge appropriate fees to cover
reasonable expenses incurred in connection with preparation of documents and
instruments necessitated by the general administration of the Protective Covenants and
related matters.
4. Enforcement shall be proceeding in law or equity against any person or persons violating
or attempting to violate any covenants either to restrain violation or to recover damage.
5. Invalidation of any one of these covenants by judgment or court order shall in no way
effect any of the other provisions which shall remain in full force and effect.
SECTION TWO
RESTRICTIONS
1. Said land shall be divided into no more than fourteen (14) buildable lots, with additional
lots set aside as “Open Space”. No changes to said plan shall be allowed without the
Grantor’s permission.
2. No lot shall be further subdivided unless it is for the purpose of creating sufficient
setbacks from the dimensional requirements of the Town of Yarmouth Zoning By Law of
for the purpose of creating buffers between lots and provided that said change is
consistent with Paragraph numbered 3 of the Open Space Deed.
3. Said land shall be used only for residential purposes. No business, trade, professional, or
agricultural use shall be conducted on any lot or any part whatsoever of said land.
4. No building or structure shall be erected on any lot except one single family dwelling
containing no less than 800 square feet (excluding garage) of first floor living space for
“ranch” style or 600 square feet (excluding garage) of first floor living space for 1 ½ or 2
story house as specified in Paragraph #5. Accessory structures which are customary and
incidental to the main dwelling will be permitted with the prior written consent of
Grantor.
5. No dwelling, structure, or other improvement shall be erected, placed, altered, or
maintained on the premises until building plans showing the exterior design and
minimum square footage of the dwelling and other structures and including fencing,
accessory building, swimming pool, landscaping, or other improvements, have been
approved in writing by Grantor, or his assigns, said approval to be given suitable for
recording at the Barnstable Registry of Deeds.
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6. Exterior of any building erected and the landscaping and grading in connection therewith
shall be completed within twelve months after commencement of construction. No house
constructed on any lot is to be occupied until the exterior of the building is complete.
7. No clotheslines, drying yards, rubbish or waste cans shall be placed outdoors except if
screened from the view of adjoining property or street by a fence, hedge or other similar
enclosure.
8. No metal buildings, trailers, mobile homes, portable houses or tents or other temporary
structures shall be erected, parked or maintained on the premises. No unregistered motor
vehicles, commercial vehicles, except small vans and pick-up trucks or construction
equipment shall be stored, or parked, where they may be exposed to the public view or
seen from adjacent property except as required during construction, grading and
landscaping.
9. No noxious or offensive activity shall be carried out upon any property, nor shall
anything be done thereon which may be or become an annoyance or nuisance to the
neighborhood.
10. No signs shall be permitted an any lot except for one sign not over 1 and ½ square feet in
area indicating the owner’s name or identifying their property.
11. No animals or fowl of any kind shall be kept or maintained on any lot, domestic
household pets excepted. Fowl, kenneled, stabled or caged animals of every nature are
prohibited at all times, and no commercial breeding of domestic or household pets shall
be permitted.
12. The structures and grounds on each building lot shall be maintained in a neat and
attractive manner. No garbage, refuse, rubbish or cutting shall be deposited on any street,
road, sidewalk, or open space area, and not on any lot unless placed in a suitable
container or stored in such a manner as not to be seen from the street or adjacent
property.
13. The lot owners, upon completion of any structure built upon the premises, shall pine-
needle, sod or seed, or bark mulch all disturbed soil, and any driveway placed on the
premises shall be surfaced with hot-top, crushed stone, or other commonly used surfacing
material, it being the intent of this provision that there shall be no dirt driveways on the
premises.
14. The MWHA may appoint or delegate an agent, corporation or association to carry out
any and all the foregoing restrictions as to enforcement, approval, privileges’, rights and
other matters, said appointment to be in writing duly recorded or registered in the
Registry of Deeds for Barnstable County.
15. These general restrictions and conditions as set forth herein are supplemental and
complementary to the zoning requirements of the Town of Yarmouth, provided, however,
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that no variance by the Town of Yarmouth shall in any way be construed to reduce the
restrictive requirements as set forth herein.
16. In the event of any breach of the foregoing restrictions, the Grantor or the MWHA, their
successors or assigns, shall have the right to proceed at law or in equity to recover
damages, or to compel compliance with the terms hereof, and further shall have the right
to enter upon any lot and abate and remove, at the breaching party’s expense, any
erection of work that may be thereon contrary to the interest of these restrictions, without
being deemed guilty in any manner of trespass; however, if no action shall have been
commenced and notice thereof filed with the Barnstable County Registry of Deeds prior
to the issuance of an occupancy permit for any building, structure, tennis court, platform
tennis court, swimming pool or other improvement, addition, or landscaping, the same
shall then be conclusively deemed to be in compliance with these restrictions. The
invalidation by any court of any restrictions herein contained shall not in any way affect
any of the other restrictions herein contained shall not in any way affect any of the other
restrictions which shall remain in full force and effect.
17. By acceptance of a Deed to any of the lots shown on the aforementioned Plan in Plan
Book ______, Page ______, the lot owner for himself, herself or themselves, their heirs,
executors, administrators, successors and assigns, agrees to become a member of the
homeowners association which association consists of the owners holding a beneficial
interest in the MWHA and to pay an annual assessment to be a proportion of the actual
annual costs of the maintenance, repair, taxes and improvement assessments or expenses
incurred on any of the ways, recreation and common areas, and lots designated as Open
Space.
SECTION THREE
MANAGEMENT OF PRIVATE ROADS
1. Grantor, or his designated successor or assign, shall have the right to manage and control
the private roads as to type and conduct of traffic that shall be allowed and as to type and
extent of security and policing
2. Grantor, shall have the right to grant others easements for the installations, maintenance,
repair and replacement of utilities, including without limitation the generality of the
foregoing, sewer, water, electric, telephone and cable television lines and related
equipment, in, over, upon or under the streets and ways and strips of land ten feet in
width adjoining said ways as shown on said plan or as said ways relocated. Reserving
however, to the grantor the title to all public utilities on said premises and private ways.
3. Grantor, or designated successor or assign, reserves the right to make such cuts and fills
as may be necessary to grade the roads or rights of way in front of land and adjoining any
lot in accordance with such grades as may be established road grades, provided that due
care and diligence be exercised to avoid injury to the terrain, trees or improvements on
any lot except to such extent as may be absolutely necessary. For such changes, no
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liability shall be incurred by Grantor, or designated successor or assign, and no claim for
compensation shall arise in connection therewith.
4. Grantor, or his designated successor or assign reserves the right, without compensation to
any lot owner, at any time, or from time to time, to dedicated to the public use, as public
roads or highways, or to convey to the Town of Yarmouth, the fee simple of any part of
or all of the private roads on the Plan.
SECTION FOUR
DEDICATION OF EASEMENT TO PRIVATE ROADS
1. Grantor, subject to the rights, reservations, terms and conditions set forth above hereby
dedicates the portions of Miracle Way and Faith Road Lane to any future lot owner, their
successors, assigns, invitees and guests regardless of whether the ownership is registered
or unregistered, for use as private road ways to be shared in common with all other lots
owners for all purposes for which roadways are commonly used in the Town of
Yarmouth but reserving to the Grantor the right to use said ways for all of such purposes
as well as the right to grant to others the use said ways and to relocate said ways,
provided said relocation does not encroach on said lot or prevent the owner of said lot
from reaching a pubic way. Said reservation in favor of the Grantor, includes the right to
locate ways within the open space shown on said plan subject to Planning Board approval
in order to connect said ways to adjoining land, if any, which the Grantor may now or
herein after acquire.
2. By acceptance of a deed to any lots shown on the aforementioned Plan in Plan Book
______, Page ____, the lot owner for himself, herself or themselves, their heirs,
executors, administrators, successors and assigns, agrees to the dedication of Easement in
the private roadways on the Plan subject to the rights, reservations, terms and conditions
set forth above.
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Executed as a sealed instrument this ______ day of June, 2022.
Davenport Realty Trust
_________________________________
DeWitt P. Davenport, Trustee
COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE, SS.
On this ___ day of June, 2022, before me, the undersigned notary public, personally appeared
DeWitt P. Davenport, proved to me through satisfactory evidence of identification, namely a
Massachusetts Driver’s License, to be the person whose name is signed on the preceding or
attached document, and acknowledged to me that he signed it voluntarily for its stated purpose as
Trustee of Davenport Realty Trust.
_______________________________
Notary Public
My Commission Expires:
SEAL HERE
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Executed as a sealed instrument this ______ day of June, 2022.
Miracle Way Homeowner’s Association, Inc.
_________________________________
Christian Davenport, President and Treasurer
COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE, SS.
On this ___ day of June, 2022, before me, the undersigned notary public, personally appeared
Christian Davenport, proved to me through satisfactory evidence of identification, namely a
Massachusetts Driver’s License, to be the person whose name is signed on the preceding or
attached document, and acknowledged to me that he signed it voluntarily for its stated purpose as
President and Treasurer of Miracle Way Homeowner’s Association, Inc.
_______________________________
Notary Public
My Commission Expires:
SEAL HERE