HomeMy WebLinkAboutSample Declaration of Protective Covenants Willett Way Falmouth 11.28.18RECEIVED eta 31690 Ps 39 Y58904
JUL 3 0 2026 11--29-2018 � Zia= 36cx
YARluFbU TFl
BOARD OF APPEALS
DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS,
EASEMENTS, RIGHTS AND RESERVATIONS FOR
WILLETT WAY, FALMOUTH
HABITAT FOR HUMANITY OF CAPE COD, INC., a non-profit corporation
duly organized and existing under the laws of the Commonwealth of Massachusetts and
having a mailing address of 411 Main Street, Suite 6, Yarmouthport, Massachusetts
02675 ("Habitat" or the "Declarant"), as owner of certain real estate situated at Willett
Way f/k/a 0 Barrows Road, Falmouth, Barnstable County, Massachusetts, as described in
a deed from Living Waters Christian Center, Inc. and recorded in the Barnstable Registry
of Deeds in Book 1 D Page �� ("Subdivision" or "premises" or "Subject
Land") and being shown on a plan entitled "Plan of Land in Falmouth, Mass.
prepared for Habitat for Humanity of Cape Cod, Inc., #0 Barrows Road, Parcel
I.D. #29-05-006-000A" prepared by Bracken Engineering, Inc. dated August 29,
2018 and recorded with said Deeds in Plan Book � 712 Page ("Subdivision Plan"),
hereby imposes certain protective covenants, restrictions, easements, rights and
reservations ("easements and covenants") on Lots 1 through 10 (the "Lots") and the
common area and facilities of the Subdivision.
The common area and facilities include the following:
(a)a Wide Private Way to be called Willett Way (the "Road");
(b) the open space which is all of the Subject Land outside the boundaries of the Lots
and the Road, including the island within the cul-de-sac shown on the Plan as
open space (the "Open Space"); and
(c) all other common areas and facilities of the Subdivision, including, without
limitation, the drainage and stormwater management systems; the common
utilities in, under and adjacent to the Road to the extent the same are not
maintained by the appropriate utility companies, including without limitation all
conduits, ducts, pipes, plumbing, wiring and other facilities for the furnishing of
power, light, telephone, cable, water, drainage pipes, and lighting fixtures, if any.
E
Declaration of Protective Covenants
Willett Way, Falmouth
Page 2 of 13
(all as hereinafter referenced as the "Common Area" or the "Common Area and
Facilities).
The provisions contained herein shall run with the Subject Land and bind the
Owners of each Lot within the Subdivision and their heirs, devisees, legal
representatives, successors and assigns. The words "Owner", "Lot Owner",
"Homeowner" or "Member" shall mean and refer to the record holder from time to time
of the legal title in fee of any of said Lots.
(1) Purpose and Duration. The Subdivision shall contain ten (10) units of
affordable housing (the "Dwelling Units"), each constructed on its own lot and shown as
Lots I through 10 on the Subdivision Plan pursuant to a Comprehensive Permit issued to
Habitat by the Town of Falmouth Zoning Board of Appeals, recorded August 23, 2018,
and recorded with said Deeds in Book 31485, Page 40, and any amendments thereto (the
"Comprehensive Permit"). The easements and covenants set forth herein are intended to
and shall run with the premises in perpetuity in order to preserve and protect the
affordability of the Dwelling Units constructed or to be constructed on the premises; to
provide a right of way over the Road for access to and from the Lots and homes of the
Subdivision; to provide for the operation, maintenance, repair and replacement of the
Road, and other common areas and facilities of the Subdivision defined above as the
Common Area; and to create a desirable residential neighborhood and ensure a high
quality of community appearance.
(2) Repurchase of Lots. No Owner may sell his or her Lot except by complying
with the provisions of the Affordable Housing Restriction recorded simultaneously with
each deed to each Owner.
(3) Membership in Association. Every Owner of a Lot in the Subdivision shall be a
member of the Willett Way Homeowners Association. Membership shall be appurtenant
to and may not be separated from ownership of a Lot. Each person or entity that takes
Declaration of Protective Covenants
Willett Way, Falmouth
Page 3 of 13
title to any Lot within the Subdivision shall, upon acceptance of a deed or upon the
vesting of title by descent or devise, be deemed to have applied for and accepted
membership in the Willett Way Homeowners Association, a Massachusetts trust, and
shall be bound by the terms of the Declaration of Trust Establishing the Willett Way
Homeowners Association, to be recorded with the Barnstable Registry of Deeds on or
before the sale of the tenth Lot (the "Association" or "Homeowners Association" or
"Declaration of Trust" or "Trust").
(4) Easements.
(a) Habitat reserves the right to grant easements to others over any and/or all of the
Common Area until such time as Habitat has conveyed all twelve Lots to Homeowners
and conveyed the Common Area to the Association.
(b) Habitat grants, as appurtenant to all Lots of the Subdivision, to all Lot Owners
of the Subdivision, their families, guests and invitees, their successors and assigns, and
the Homeowners Association Members and Trustees, subject always to the restrictions,
covenants, rules and regulations contained in this Declaration, the Declaration of Trust
or hereinafter imposed by the Association, the perpetual right and easement, to use in
common with all other Lot Owners of the Subdivision, their families, guests and
invitees, their successors and assigns, the Common Area:
(i) The Private Way to be called Willett Way (the "Road") for all purposes
for which streets and ways are now or may hereafter be used in the Town of
Falmouth, including without limitation, access on foot and in motor vehicles;
installing, maintaining, replacing, removing and using the Road, the stormwater
management system, and all conduits, ducts, pipes, plumbing, wiring and other
facilities for the furnishing of drainage, power, light, telephone, cable, water
and lighting fixtures, if any; and
(ii) The Open Space for all purposes for which open space and lawn areas are
now or may hereinafter be used, including recreation, subject always to Rules and
Regulations promulgated by the Trustees.
Declaration of Protective Covenants
Willett Way, Falmouth
Page 4 of 13
(c) Habitat grants the perpetual right and easement to the Trustees of the
Homeowners Association access to so much of each Lot of the Subdivision as may be
necessary to maintain and repair the Road, adjacent sidewalks and buffer areas.
(5) Restrictions. The Lots and the Common Area of the Subdivision shall be
subject to the following restrictions:
(a) Any Dwelling Unit built on the Subject Land shall be used only as
a single family private residence occupied only by the Homeowner(s), his or her
or their family members and non-paying guests, unless permission for an
exception is obtained in accordance with the requirements of the Affordable
Housing Restriction recorded simultaneously with each deed to each Homeowner;
(b) No commercial or business activity and no business or profession
of any nature shall be conducted in any Dwelling Unit except those home
occupations allowed as of right or by special permit of the Town of Falmouth.
(c) All use and maintenance of the Common Area shall be in
accordance with the provisions of the Rules and Regulations from time to time
promulgated by the Trustees;
(d) No unlawful use shall be made of or within the Common Area or
any part thereof, and all valid laws, orders, rules and regulations of all
govennmentai agencies having jurisdiction thereof shall be strictly complied with.
Compliance with any legal requirements shall be at the sole cost of the Lot Owner
or the Trustees, as the case may be, whichever shall have the obligation under this
Declaration and the Trust establishing the Willett Way Homeowners Association
to maintain, repair or control the portion of the property affected by any such
legal requirement. Each Lot Owner shall give prompt notice to the Trustees of
any notice he or she receives of the violation of any legal requirements affecting
the Lot, the Lot Owner or the Common Area; and
(e) Willett Way shall at all times remain a private way and not be
accepted by the Town as a public way in the future.
Declaration of Protective Covenants
Willett Way, Falmouth
Page S of 13
(6) Responsibiliii ofTrus ee . The Trustees of the Willett Way
Homeowners Association (the "Trustees") shall be responsible for the maintenance and
improvement of the Common Area of the Subdivision, including the stormwater drainage
system and the common utilities in, under and adjacent to the Road, to the extent the
same are not maintained by the appropriate utility companies, including, without
limitation, all conduits, ducts, pipes, plumbing, wiring and other facilities for the
furnishing of power, light, telephone, cable, water, drainage pipes, and lighting fixtures,
if any. Maintenance of the Common Area includes without limitation, maintaining the
grassed areas and plantings in the Open Space in accordance with the Landscape Plan
submitted to and approved by the Zoning Board of Appeals in its issuance of the
Comprehensive Permit. The Trustees shall be responsible for the payments of taxes,
insurance and other expenses related to the affairs of the Association. The Trustees shall
have the power to make and enforce reasonable rules and regulations for the use of the
Dwelling Units, Lots and Common Area and have the power to levy and collect
reasonable fees as shall be established by the Association, including special assessments
for reserves and capital purposes, to accomplish the foregoing. The Trustees shall be
responsible for hiring and retaining a property management services company to perform
some or all of the managerial responsibilities, including but not limited to the collection
of Association fees from the Homeowners.
(7) Payment of Assessments. Each Lot Owner, by acceptance and recording
of a deed to any Lot in the Subdivision, shall be deemed to have agreed to comply with
the Declaration of Trust, including, without limitation, the covenant to pay promptly any
and all assessments levied by the Trustees and paid to the property management services
company that the Trustees hire and retain pursuant to the terms of this Declaration and
the Declaration of Trust for maintaining the Common Area in good condition and repair.
Declaration of protective Covenants
Willett Way, Falmouth
Page 6 of 13
(8) Mules and Regulations. Habitat and the Trustees of the Association have
adopted the Rules and Regulations set forth in Schedule A annexed hereto and made a
part of this Declaration, governing the details of the operation and use of the Common
Area and the Dwelling Units, and containing such restrictions and requirements
respecting the use and maintenance of the Lots, the Dwelling Units and the Common
Area as are consistent with the provisions of the Comprehensive Permit, and designed to
prevent unreasonable interference with the use by the Homeowners of their Lots and
Dwelling Units and of the Common Area. By an affirmative vote of the Trustees, the
Trustees may at any time and from time to time amend and modify the Rules and
Regulations, provided, however, that no such amendment or modification shall result in a
Rule or Regulation that is less restrictive than those set forth in Schedule A attached
hereto without the prior written consent of the Zoning Board of Appeals of the Town.
(9) Enforcement. The Trustees may prosecute proceedings at law or equity
against any person violating or attempting to violate the provisions hereof, either to
restrain violation, by action or inaction, or to recover damages. Enforcement shall be
made by the Trustees or the property management services company, acting as agent for
the Trustees, pursuant to Sections 26 and 27 of the Homeowners Association Trust.
Notwithstanding the foregoing, the Zoning Board of Appeals of the Town shall have the
right to enforce any provisions hereof that are specifically applicable to the
Comprehensive Permit.
(10) No Waiver. The failure of the Trustees or any Lot Owner or of Habitat or
the Town to enforce any restriction, covenant or provision hereof shall not be deemed to
be a waiver of the right to do so thereafter as to the same breach or to one occurring prior
or subsequent thereto.
Declaration of Protective Covenants
Willett Way, Falmouth
Page 7 of 13
(11) Seyerability. If any easement, covenant, restriction, agreement, or charge
herein contained should be held invalid by any court, such invalidity shall in no way
affect any other easement, covenant, restriction, agreement or charge herein.
(12) Conveyance _to Homeowners' As9osiafion. Habitat shall convey the fee
in the Common Area which includes, without limitation the Road and the Open Areas of
the Subdivision shown on the Subdivision Plan, without further consideration, to the
Homeowners Association upon the sale of the tenth Lot of the Subdivision.
(13) Term. The easements, restrictions and provisions herein set forth shall
run with the Subject Land in perpetuity from the date of recordation of this Declaration.
The easements, restrictions and provisions herein set forth shall be enforceable against
Habitat and the successors and assigns of Habitat holding any interest in the premises for
the period of time that any party holds an interest in the premises or portion thereof.
Further, Habitat and each Lot Owner by the acceptance of a deed to any of the Lots
acknowledge and agree that the covenants granted herein are made for the benefit of the
Town, its successors and assigns, in perpetuity or for at least a period of ninety-nine
years, and the Lot Owners acknowledge that the covenants, as they are held by the Town,
constitute restrictions held by a governmental body, as those terms are defined in G.L.
c.184, §26, and are thus not subject to G.L. c.184, §§27-30. Notwithstanding said
acknowledgment, Habitat, the Lot Owners, and their successors and assigns, further
acknowledge that the herein covenants, restrictions and provisions constitute a common
scheme pursuant to G.L. c. 184, §27, applicable to Lots 1 through 10, and acknowledge
that enforceability of the covenants herein may be continued for further periods of twenty
(20) years beyond thirty (30) years from the recording of this instrument.
(14) Amendment and Release. Except as specified in Section 8 herein, this
Declaration shall not be amended or terminated without the consent of the Board of
Declaration of Protective Covenants
Willett Way, Falmouth
Page 8 of 13
Appeals of the Town nor shall this Declaration be altered so as to be contrary to the
purposes stated herein.
(15) Binding, This Declaration and the provisions hereof shall be binding
upon Habitat, the Lot Owners, the Association, and any other party having or claiming to
have an interest in the Subdivision or any portion thereof as tenants, invitees, licensees or
otherwise, and all of the respective heirs, successors, grantees, mortgagees, assigns,
agents, contractors, subcontractors and employees of the foregoing.
[end of document text —signature page follows]
Declaration of Protective Covenants
Willett Way, Falmouth
Page 9 of 13
Executed as a sealed instrument this / , day of November 2018.
HABITAT FOR HUMANITY OF
CAPE COD, INC.
By:
Nancy F. Smith, resid t
By
NaWktibula, Treasurer
Declaration of Protective Covenants
Willett Way, Falmouth
Page 10 of 13
COMMONWEALTH OF MASSACHUSETTS
Barnstable County -*
On this 9 day of November 2018 before me, the undersigned notary public,
personally appeared Nancy F. Smith, President of Habitat for Humanity of Cape Cod,
Inc. personally known to me to be the person whose name is signed on the preceding or
attached document, and acknowledged to me that it is the free act and deed of said
corporation, for its stated purpose.
s� k.r -
1A�02
�t' C
o
1M
I,p ter
t s+
Barnstable County
My commission expires:
COMMONWEALTH OF MASSACHUSETTS
On this day of November 2018, before me, the undersigned notary public,
personally appea`rreid Linda A. Cebula, Treasurer of Habitat for Humanity of Cape Cod,
Inc., personally known to me to be the person whose name is signed on the preceding or
attached document, and acknowledged to me that it is the free act and deed of said
corporation, for its stated purpose.
-tom°
d
n
or,.
Notary Public
My commission expires:
Declaration of Protective Covenants
Willett Way, Falmouth
Page 11 of 13
SCHEDULE A
WILLETT WAY HOMEOWNERS ASSOCIATION
RULES AND REGULATIONS
The intent of these Rules and Regulations is to foster and maintain a safe, clean and
pleasing environment for the enjoyment of the owners and occupants of the Subdivision.
All Homeowners and occupants are obligated to be familiar with and abide by the terms
and conditions contained within these Rules and Regulations and all other documents
governing the operations of the Homeowners Association, including the Declaration of
Trust Establishing the Willett Way Homempners Association, , to be recorded with the
Barnstable Registry of Deeds on or before the sale of the tenth Lot.
1) No use shall be made of the Common Area except as set forth in this
Declaration and in the aforesaid Declaration of Trust or permitted by the Trustees.
2) The Open Space shown on the Plan as the island within the cul-de-sac
("Play Area") shall be used for recreation and shall be maintained by the Association in a
manner that is welcoming and safe for the use of the Association members and their
guests. Planting, mowing, maintaining, replacing and removing trees, plants, shrubs,
grasses, and other landscaping as well as placing fencing, chairs, benches, and picnic
tables are allowed within the Play Area with the prior approval of the Trustees by
affirmative vote.
3) Nothing shall be done or kept in the Common Area, including without
limitation the Play Area, that increases the rate of insurance of the Homeowners
Association without the prior written consent of the Trustees. No Homeowner shall
permit anything to be done or kept in the Common Area which will result in the
cancellation of insurance of the Homeowners Association or which would be in violation
of any law. There shall be no disposal of waste within the Common Area.
4) No trailer, mobile home, recreational vehicle or commercial vehicle of any
kind may be parked overnight in the Common Area.
5) No unregistered motor vehicle of any type, including motorcycles,
motorbikes, so-called ATV's and the like, may be kept, maintained or stored, temporarily
or permanently, on any Lot for a period in excess of sixty (60) days.
6) As light pollution can be a nuisance to neighbors, all exterior lighting shall
be directed to cast no light beyond the property line. Exterior spotlights and floodlights
are prohibited.
Declaration of Protective Covenants
Willett Way, Falmouth
Page 12 of 13
7) Every outdoor receptacle for ashes, trash, rubbish, or garbage shall be so
placed and kept as not to be visible at any time except the times when refuse collections
are being made. The structures and grounds on any Lot shall be maintained in a neat and
attractive manner and the entire property kept free of rubbish, debris or material of any
kind that render the same unsanitary, unsightly, offensive, or detrimental.
8) It is the responsibility of the individual Lot Owner to maintain the outside
of their house and the walkway, driveway, and fences on their property. Grassed areas of
any Lot shall be mowed regularly and maintained by each Homeowner. It is not the
responsibility of the individual Lot Owners to mow or otherwise maintain the Common
Area outside of his, her or their Lot boundary. The Trustees may adopt fines and
penalties for the failure of a Lot Owner to comply with the provisions of this paragraph.
9) Clotheslines and outdoor clothes -drying devices shall be placed only in the
backyards of the Lots and positioned so as to minimize their visibility from the Road.
10) No additions, modifications or improvements to existing buildings or
additional structures of any kind, including but not limited to a deck and shed for each
Lot shall be erected, placed, or allowed to stand upon any Lot of the Subdivision except
in accordance with the Comprehensive Permit and as permitted by the Bylaws or Zoning
Ordinances of the Town of Falmouth, as the same may from time to time be amended, or
by any applicable law, ordinance, or regulation of any governmental unit having
jurisdiction thereof. All such additions, modifications or improvements located within
live (5) feet of a Lot's boundary line shall in the first instance be submitted to the
Trustees in writing for prior approval by affirmative vote of the Trustees. The Trustees
shall review such submission to determine such matters as boundary line and Common
Area encroachment; safety; tangible adverse effect on the abutters' property, i.e. location
of a tree not previously planted that could shade the neighbors' yard, location of a
compost bin close to abutters' property, and the like. The Trustees' review shall not
include a review of the aesthetic design of the submission.
11) The Trustees shall hire and retain a property management services
company and delegate to the property management services company certain of their
rights, responsibilities and duties, including without limitation the collection of
assessments.
12) The use of the Lots by the Homeowners, as well as the safety and
maintenance of all personal property of the Homeowners kept on the Lots and in the
Dwelling Units themselves, shall be the responsibility and at the sole risk of the
12
Declaration of Protective Covenants
Willett Way, Falmouth
Page 13 of 13
respective Homeowners, and neither the Trustees nor their respective agents, servants,
employees, successors or assigns, shall bear any responsibility therefor. Each
Homeowner assumes responsibility for such Homeowner's own safety and that of such
Homeowner's family, guests, agents, employees and licensees.
13) Any Lot Owner may prosecute proceedings at law or in equity against any
person violating or attempting to violate the provisions hereof either to restrain violation
or to recover damages, provided such Lot Owner acts pursuant to Sections 26 and 27 of
the Homeowners Association Trust.
14) The Trustees may adopt fines and penalties for the failure of a Lot Owner
to comply with the provisions of this Declaration including without limitation the Rules
and Regulations.
14) In the event of a default in the performance of paragraphs 5, 6, 7, 8, and 9
of these regulations, and if such default shall not have been cured within twenty-one (21 }
days after written notice to the Homeowner, the Trustees shall have the right to enter
upon the lot of the Homeowner in default without being deemed guilty of trespass in
order to correct any default of the provisions contained herein, to mow the grass, to place
the property in a neat and orderly condition; and do all things reasonably necessary to
correct any default of the provisions contained herein.
l 5) At all times and for all matters concerning these Rules and Regulations and
upon the request of the Trustees, the property management services company may serve
as agent of the Trustees.
BARNSTABLE REGISTRY OF DEEDS
John F. Meade, RegStet
0
r
[•: