Declaration of Conservation Restriction

I, PETER E. BOVENZI, TRUSTEE OF LIBERTY COMMONS CONSERVATION TRUST under Declaration of Trust dated November 17, 1994, recorded in the Worcester Northern Registry of Deeds Book 2649, Page 332 (hereinafter “Declarant”) being the sole owner of Lot 2A, as shown on a plan entitled “Land in Leominster, Mass. owned by Wildwood Realty Trust“, dated June 4, 1990, by Whitman & Bingham Associates, Inc., and recorded in the Worcester Northern District Registry of Deeds in Plan Book 343, Page 2,

hereby impose a Conservation Restriction upon Lot 2A (“Conservation Land”). Lot 2A contains 12.04 acres according to said plan.

The Conservation Land shall be subject to the following restrictions:

(a) no building other than Liberty Commons as described below, part thereof, or any other structure shall be commenced, erected or maintained on any part of the Conservation Land;

(b) the Conservation Land shall be retained in a natural condition and with natural vegetational cover;

(c) the Declarant and its successors and assigns shall neither perform nor permit others to perform any of the following activities on the Conservation Land: (i) the dumping or placing of trash, waste or unsightly or offensive materials, (ii) the removal or destruction of trees, shrubs or other vegetation except for proper horticultural, cutting and pruning of trees, shrubs, and other vegetation or to implement disease prevention measures or (iii) excavation or removal of loam, soil and other mineral substance in such a manner as to materially affect the surface of Conservation Land; and

(d) no other activity or use which is detrimental to the preservation of the Conservation Land in its open and natural condition shall be permitted or allowed on the Conservation Land.

This Conservation Restriction shall not apply to Liberty Commons which term shall mean all improvements shown on the plan entitled “Site Plan, Old Mill Apartments, Leominster, MA.” dated September 15, 1994, revised September 26, 1994, revised October 20, 1994, prepared by Hamwey Engineering, Inc. (the “Site Plan”), including the 132 residential units and parking areas shown thereon and any tennis court or swimming pool or similar recreational structure used by the owners or occupants of the units or their guests or any other building or structure shown on any site plan hereafter approved by the Leominster Planning Board and any maintenance, repair or replacement of any improvement, building or structure.

This Conservation Restriction shall be perpetual, shall run with the Conservation Land and shall benefit and be enforceable by the Declarant, its successors and/or assigns and the Leominster Planning Board, its successors or assigns.

This Conservation Restriction satisfies the “no build zone” condition set forth in the Leominster Planning Board’s approval of the Site Plan on October 4, 1994.

Signed and sealed this 2nd day of June, 1997.


Recorded in the Worcester Northern District Registry of Deeds in Book 3014, Page 113.