Brunswick Maine Real Estate

MACMILLAN V SUBDIVISION (MEADOWBROOK)

1. Said parcel shall be used for residential purposes, subject to the provisions herein.

2. No structures shall be erected on the above described parcel of land except one residential dwelling, hereinafter referred to as dwelling, of not more than 35 feet in height, and such other buildings necessary and subsidiary to the same, such as a private garage for not more than three cars and/or for boat storage.

3. No duplex residence or apartment house shall be erected or placed on said land, and no buildings shall be altered or converted into a duplex residence or apartment house.

4. One accessory apartment may be incorporated within, or attached to, said dwelling or garage provided the footprint of the accessory apartment shall not be greater than 850 square feet and there shall be no door access to said apartment facing the street.

5. The above described premises are conveyed subject to the Easements, Set Back Lines, Side Lot Lines, Restrictions and Notes as shown on said Plan.

6. Further subdivision of any lot is prohibited except by the developer to convey property to abutters.

7. The interior heated living area of any dwelling, exclusive of porches, cellars and garage, shall not be less than 1,500 square feet in the case of a one story structure, nor less than 864 square feet, on the first floor, in the case of a one and one-half or two story structure.

8. No horses, sheep, cows, goats, swine, poultry or other animals, excepting household pets, shall be kept, raised or maintained on said parcel.

9. No automobiles, trailer or tent may be used wholly, partly, permanently or temporarily for residential purposes on said parcel.

10. No trade, business or profession shall be conducted on the premises hereby conveyed, or within any residence constructed thereon; provided, however, the record owner(s) of the premises may conduct a trade, business or profession (hereinafter collectively referred to as "business"), on the premises provided:

1. The business is conducted within the living area of the residence, is limited to 600 square feet of floor area, and is secondary and subsidiary to the use of the premises as a single family residence.
2. There is no shipping of goods, product or inventory from the premises (this restriction is not meant to exclude or preclude the use of overnight or express courier or delivery service, pickups, and deliveries which are routinely made to residential areas within the Town of Brunswick).
3. There is no noise, odor, vapor or other non-visual indication (nuisance or not) that a business is operated on the premises.

11. No dwelling shall have any exterior signage.

12. All dwellings shall be suitably landscaped with shrubbery and a lawn or ground cover within one year of receipt of a certificate of occupancy.

13. No chain link fencing shall be allowed on any lot.

14. If two abutting lots are in common ownership, a maximum of one dwelling may be constructed which straddles their common boundary and/or is placed within their adjoining setback areas. However, if a dwelling unit is within the setback area of one lot, the other lot may be conveyed or built on.

15. The developer reserves the right to amend these covenants and restrictions so long as it owns any lots in the above described subdivision, provided however, any amendment to the covenants that affects Section 522 of the Town of Brunswick Zoning Ordinance or any conditions of approval, must be submitted to the Planning Board for review and approval before adoption.

16. For lots 1,2,3,4,5,6,14,15,16,17, and 18, all regulations in the Town of Brunswick Zoning Ordinance with respect to allowable activities adjacent to the unnamed stream shall apply.

17. Lots 1,2,3,4,5,6,14,15,16,17, and 18, contain a 100 foot undisturbed natural buffer area from the edge of the stream. This undisturbed buffer area is subject to a certain Declaration Of Restrictions, recorded in the Cumberland County Registry of Deeds in Book 23322, Page142 . Pursuant to the requirement of the Maine Department of Environmental Protection, these lots shall be further subject to the right of a representative from the MacMillan V Homeowners Association to annually enter on the lots for the purposes of inspecting the buffer area. Any subsequent conveyance shall also be subject to these restrictions.

18. Any clearing, dumping, filling, grading or building within any wetland area as depicted on the recorded subdivision plan, except for lots 27 and 28, shall constitute an amendment to the subdivision plan and shall require prior local, state and federal review and approval.

19. All lots in the subdivision are conveyed subject to the terms and conditions of the Department of Environmental Protection, Department Order, Site Location of Development Act, L-6372-L3-J-A and L-6372-TE-K-N dated October 3, 2005, as may be amended. Any subsequent conveyance shall also be subject to these terms and conditions.

20. Every owner of a Lot in MacMillan V Subdivision shall, upon acquiring ownership of the Lot, become a member of the MacMillan V Homeowners Association. Every member of the Association shall be subject to its By-Laws, rules and regulations if any, and assessments pursuant thereto.

21. Lots 1-31 inclusive shall have a stone drip edge installed below any eave roof line according to the "Typical Stone Drip Edge-Option 1" or "Typical Stone Drip Edge-Option 2" detail as depicted on the subdivision construction drawings on plan sheet #11 entitled "Construction Details I" dated April 18, 2005. The design of the stone drip edge shall be maintained according to said detail and shall not be altered in any way. The stone drip edge is an important component of the overall stormwater treatment system for the subdivision. Pursuant to the requirement of the Maine Department of Environmental Protection, these lots shall be further subject to the right of a representative from the MacMillan V Homeowners Association to annually enter on the lots for the purposes of inspecting the stone drip edge.

22. Lots 1, 3, 5, 10, 13, 14, 17, 25, 26, 29 are transformer lots as portrayed on Central Maine Power electrical plan 905-3322 signed 8/22/05 by Terry Bradish P.E. These lots shall be subject to easements for the purpose of constructing, maintaining, repairing and or replacing transformers and underground electrical lines thereto for the benefit of other lots. These lots shall be further subject to the rights of others to enter on the lots for the above described purposes provided however, after the exercise of the above described easement rights, the property will be restored to its prior condition as much as practical.