Loading...
HomeMy WebLinkAbout0000 BODFISH FARMS Oxfo rd NO. 152 1/3 ORA n e o oF"E : . The Town of Barnstable BAMSTABM 1`16A39 .. � Department of Health, Safety and Environmental Services ' AMa't° Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner August 25, 1998 Mr. Edmund Bower - President Bodfish Farms PO Box 511 West Barnstable, MA 02668 Dear Mr. Bower: I received your letter of August 11, 1998; and while I have sympathy for your dilemma, unfortunately, the law does not allow me to enforce private protective covenants. The Massachusetts State Building Code, 780 CMR, requires me to issue a permit if the plans and supporting documentation comply with the building code and local zoning. Those are the only items that fall under this area that a building official must consider. We frequently are asked this question by homeowners' associations and have to respond in this fashion. May I suggest that your association see an attorney about recording the covenants so that a closing can't take place without a sign-off from you. I have seen this done before; and while it doesn't force the building official to act one way or the other, it will stop the closing if there is no approval by you. Best of luck, and feel free to call me if you have any further comments. Sincerely, Ralph M.Crossen Building Commissioner RMC/lbn g980825a ��e ���- t�� o��� � ��s, w� , ����s1�-��� I Bodfish Farms 11 August 1998 Town of Barnstable Building Services 367 Main Street Hyannis, MA 02601 Attention: Mr. Ralph Crossen, Building Commissioner Dear Mr. Commissioner: The officers of the Bodfish Farms Community_Association request that you be contacted regarding the legal status and the responsibilities of our Association. As you may be aware the Bodfish Farms subdivision is located in West Barnstable near Route 6A and consists of the residential properties bordering Carlson Lane and Angela Drive. The Bodfish Farms Community Association, Inc. is an organization of the residents of Bodfish Farms. The Association was created when the Bodfish Farms subdivision was established in 1985. At that time, the developer, Nabil Bogus, President and Treasurer of Bodfish Farms, Inc.,.prepared a controlling document for the benefit of the subdivision entitled "BODFISH FARMS, BARNSTABLE, MASSACHUSETTS) DECLARATION OF PROTECTIVE COVENANTS". A current copy of these Covenants, as amended 11/11/95, is forwarded herewith for your information. These Covenants were recorded at the Barnstable County Registry of Deeds at Book 4479, Page 273, and then the Covenants were incorporated by reference into the quitclaim deed conveying ownership of each parcel of land within the Bodfish Farms subdivision. Thus, the requirements contained in the Covenants are legally binding on each landowner in perpetuity. We wish, especially, to call to your attention the Covenant requirements of Section 5, Building Approval. Since you manage the Town of Barnstable agency that is authorized to issue building permits and to enforce the legal rules governing real estate construction, we seek your help in controlling unauthorized construction activity within Bodfish Farms. We request that.no Building Permit be issued within our subdivision until we have given "approval in writing by the President or Treasurer of Bodfish Farms Community Association, Inc." Further, prior to issuing an Occupancy Permit from the Town of Barnstable, we request the opportunity to issue a "Certificate of Compliance from Bodfish Farms, Inc." Bodfish Farm CominunityAssocci Iron • P.O.BoxSll • West Barnstable,MA 02668 Recently, the Bodfish Farms community has experienced much new construction efforts by various builders. These builders, who are not local people, seem not to have the best interests of our Barnstable area in mind. In fact, these builders have repeatedly failed to.provide our Association with the documentation required in Sections 3, 5, 6 and 7 of our Covenants. Nevertheless, they have proceeded with construction and have received occupancy approval based on permits issued by the Town boards. Consequently, the Bodfish Farms residents have been very handicapped in our efforts to ensure compliance with reasonable requirements for our subdivision. After these builders have performed work that has not been approved by us, we have enormous difficulty in getting any adjustment to the completed construction. Considerable early effort by the Bodfish Farms subdivision planners was undertaken to create a set of reasonable, beneficial and legally binding Covenant rules for the on-going management of the community. We believe that it is not an excessive burden to uphold these rules. Therefore, please feel free at any time to contact any of the following persons to discuss further our subdivision concerns: President E. Bower 362-1759 Vice president M. Marshall 375-0560 Treasurer M. Janney 362-6768 Secretary M. Ross 362-7788 Meanwhile, we will look forward to a favorable report that your department will support our Bodfish Farms Community Association efforts, which we believe are also in the best interests of Town of Barnstable. SincereI Edmund Bower President CC: Those Listed Encl: "Covenants" 2 BODFISH FARMS BARNSTABLE, MASSACHUSETTS DECLARATION OF PROTECTIVE COVENANTS As Amended 11/11/95 DECLARATION made this 7th day of February, 1985, by Bodfish Farms, Inc., a Massachusetts corporation of 1111 Riverside Drive, Methuen, Massachusetts 01844 (hereinafter "Developer") for purposes of submitting certain property to common use in accordance with covenants, easements and restrictions hereinafter set forth. WHEREAS, the Developer owns the real property described in Exhibit "A" hereto (hereinafter referred to as the "Property"); WHEREAS, the Developer desires to establish a common plan of covenants, easements and restrictions,rights,conditions and charges for purposes of effectuating the maintenance,repair,administration, and beautification of streets, roads and reserved areas of the Property, WHEREAS,the Developer has established a Massachusetts non-profit corporation named Bodfish Farms Community Association, Inc., to administer and enforce said common plan as hereinafter provided; NOW,THEREFORE,the Developer hereby declares that the Property is and shall be subject to the following covenants,easements, restrictions, rights,conditions and charges, all of which shall equally run with and bind and benefit the premises for the common benefit of the owners, occupants and users thereof. 1. Subdivision No lot shall be further subdivided so as to create two or more building sites. No building shall be placed,erected or allowed tc;stand on.he above-described.premises except one house having not less than 2,400.square feet of living space and designed for the occupancy of only one family, which said house shall have as appurtenant thereto a garage, suitable in size for the storage of one or more vehicles, which such garage may be attached or detached. 2. Residential Use No residential structure other than one single-family dwelling shall be erected or placed on any lot. Attached or detached garages for not more than three cars,together with accessory non-residential structures such as greenhouses, tool sheds, and pools and fences shall be permitted. 1 i 3. Location of Structures on Lot No building,well or septic system shall be erected, installed or placed except in conformity with plan showing all such locations for every lot in the subdivision, which such plan shall be available from developer. 4. Use of Premises The premises are intended for residential use, and shall not be used for business or industrial purposes, except that the use of a room or rooms as a professional office or studio by a person residing therein shall be permitted. Any professional office may not be used to attract clients or customers. No storage of materials or public display of goods for sale shall be made, nor shall any advertising display be permitted. In no event shall the premises be used for any purpose which might be or become detrimental to the neighborhood as a desirable residential area. 5. Building Approval No building or other structures shall be commenced, erected, placed, maintained or moved nor shall any additions to or exterior change or exterior alteration be made until the architectural and site plans including plans referred in 6 and 7 hereinafter have been approved in writing by the President or Treasurer of.Bodfish Farms Community Association,Inc. It is the intent of this provision to require that structures be in good taste,in harmony with the quality of nearby structures,and that they fit the site. All dwellings constructed must have at least a one-car garage, attached or detached. Not in limitation of the foregoing, all roofs shall be of red or white cedar shingles. Cedar clapboard, no greater than 3 1/2" to weather, is required on all sides facing Carlson Lane, Angela Way or a neighbor's property,excepting the historic Bodfish House. Compliance with this Section,and Sections 3, 6 and 7 shall be evidenced by a Certificate of Compliance from Bodfish Farms, Inc. 6. Landscape Plans All building plans shall be accompanied by a detailed landscape plan,showing location and materials of planting, ground cover, driveways, fencing, walls, etc. 7. Well and.Septic Location All building plans shall be accompanied by a plan locating the well and septic system on the lot. 8. Incomplete Dwellings The exterior of any building erected on any lot and the landscaping and grading in connection therewith shall be finished within ten (10) months after commencement. No dwelling shall be occupied as a residence until it is completed and no temporary building shall be occupied on any lot. 2 9. Roads Appurtenant to each lot shall be the right to use all roads,lanes and avenues located on the plans of land referred to in Exhibit "A" in common with others entitled thereto, for all purposes for which public ways in the Town of Barnstable may be used. Declarant specifically reserves to itself and its assigns, the fee in all said roads. 10. Location of Utilities All house service cables for electricity, cable television,telephones and any other utility hook-up wires, cables and pipes shall be installed underground. 11. Trees No live trees of more than four inches in diameter at a four foot height shall be removed without approval of the President or Treasurer of Bodfish Farms Community Association, Inc. 12. Boats, Automobiles and Commercial Vehicles No boats over 21 feet in length and no unregistered automobiles shall be placed or stored on or about a lot unless garaged and unexposed to public view,nor shall any boat or automobile parts be publicly displayed. No commercial vehicles of any kink shall be parked in the open overnight. 13. Animals No animals or fowl, except common household pets quartered within the dwelling house at night or horses quartered within an approved stable building shall be kept upon the granted premises without the written permission of the Community Association. No domestic animal or bird shall be allowed to make an unreasonable amount of noise, or to become a nuisance. 14. Trash and Laundry All garbage, trash and rubbish placed outdoors shall be kept in covered containers screened from public view. No garbage, trash or rubbish shall be burned on any lot,outside of the confines of any building. All exterior laundry drying facilities shall be screened from public view by suitable enclosures, screens or planting. 15. Nuisances No rubbish or debris of any kind shall be placed or permitted to accumulate upon or adjacent to any property and no odors shall be permitted to arise therefrom,so as to render any such property or any portion thereof unsanitary, unsightly,offensive or detrimental to any other property and no activity, structure or devise shall be construed,built or maintained which is or may be offensive or detrimental to any other.property in the vicinity thereof or to its occupants. 16. Maintenance Each lot and each home,together with accessory structures and grounds,shall be maintained in a neat 3 i manner by the owner, including undeveloped lots,which must be brushed out not less than once per year. 17. Duration The Covenants and Restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of the Developer, its successors and assigns, and shall continue in full force and effect until December 31, 2015. 18. SeverabilitY Invalidation of any one of these covenants or restrictions by judgement or court order shall in no way affect any other provisions which shall remain in full force and effect. 19. Signs One sign may be erected upon each lot not larger than one square foot in size,with the name of the owner and house only. 20. Enforcement The Developer may appoint or delegate an agent, agents,corporation or association to carry out any and all of the foregoing restrictions as to enforcement, approval,privileges, rights and other matters, and hereby so appoints the Bodfish Farms Community Association, Inc. 21. Waivers The Developer, or its duly authorized delegate, as provided in the preceding paragraph,shall have the right to waive, alter or amend any of the foregoing restrictions in the event it becomes necessary or equitable to do so,and the Developer or its delegate shall be the sole judge as to the property of such waiver, alteration or amendment. 22. Hunting and Use of Firearms There is to be no hunting and no use of firearms within the limits of the development. 23. Provisions for Upkeep " All lot owners, and only lots owners, in good standing, are to be voting members of Bodfish Farms Community Association, Inc. An annual assessment of$100.00 per lot is to be billed in January of each year, and is to be pro-rated accordingly from the date of passing. This amount can increase or decrease only by the difference in the cost of living index as determined by the previous year, except as otherwise authorized by Bodfish Farms Community Association, Inc. All charges collected shall be applied by the Community Association toward the payment of the following upkeep and maintenance expenses to wit: A. Expenses, if any, incident to the enforcement of the easements, covenants, restrictions, - agreements and charges contained in this Declaration, and to the collection of charges, provided for in this Article; 4 i B. Maintaining,repairing,landscaping,and beautifying streets,roads,Reserved Areas,if any,and other easements of the property, C. Taxes and assessments, if any,which may be levied by the public authorities on any streets, roads or Reserved Areas in the Property, D. The construction or recreational facilities including structures in any Reserved Areas; E. Any purpose contributing, in the opinion of the Community Association, to the general health, welfare, safety, enjoyment or advantage of the members of. said Community Association and the Property. The Community Association and the Property shall not be obligated to carry out any of said purposes except to the extent possible from the money so collected. 24. Appurtenant Rights Appurtenant to each lot is the right, to use for recreational purposes those areas to which the Community Association receives the title in fee or the right to sue by easement or otherwise, subject to such rules and regulations as the Community Association may establish. 25. Rights Reserved by Developer The Developer herein specifically reserves the right'to(a)grant easements to others,including owners of lots in the subdivision to use all of the ways shown on plans referred to in Exhibit "A"hereinafter in common with others entitled thereto for all purposes for which public ways may be used in the Town of Barnstable; and (b) grant easements in, over or under such ways for the installation and maintenance of gas, electric, telephone and water lines and associated equipment and to install on land adjacent thereto anchors and guys to support said lines, including the right to grant easements to public service corporations for the installation and maintenance of necessary equipment in,under and upon an area five feet-in width and ten feet in depth at the sidelines of each Lot adjoining said ways for the distribution of electricity. EXECUTED as a sealed.instrument this 7th day of February, 1985. Bodfish Farms, Inc. By Nabil Bogus, President & Treasurer Nabil Bogus, President & Treasurer (original signature) Amended wp%wvenant 5 �