Pleasant Brook Neighborhood - Lexington Massachusetts

Property Restrictions

Property in Pleasant Brook is governed by a set of various property restrictions that fall under the oversight of two regulatory bodies: the Pleasant Brook Association and the Lexington Historical Commission. The following sections describe the architectural, landscaping, property use, and other attributes that are regulated within Pleasant Brook and require written approval before implementation or change, and the process and procedures for seeking approval for changes. The founders of the neighborhood noted in the original architectural restrictions that: "Many of us moved here because we were attracted by the rural atmosphere and by the architectural harmony of the area. Preservation of these require the full co-operation of all residents." That full cooperation is still an integral part of the culture of the neighborhood today.

This page is intended to be a singular reference for both the attributes of Plesant Brook properties that are regulated and the processes for obtaining approval for proposed changes, across both the Pleasant Brook Association and the Lexington Historical Commission. Note text that is "quoted and italicized" denotes text that is verbatim from an origiral source document or website, and will reference that source accordingly.

Legal Basis of Restrictions

The first restrictions to be established, and were enacted when the original Shanahan Farm land was subdivided into individual parcels. Each parcel had a set of property use restrictions attached to the deed, which are also registered with the Middlesex South District Registry of Deeds. When the Pleasant Brook Association was established in 1967, a set of architectural and landscaping restrictions were adopted in 1970 by an amendment to the Association trust, and are overseen and enforced by the Association. In 2020, the Lexington Historical Commission completed a historical survey of Pleasant Brook, and the neighborhood and all thirty-four properties within it have been reconized by the Massachusetts Historical Commission for their historical and architectural significance. As such, properties in Pleasant Brook fall under the Lexington Historical Commission's review process and demolition delay bylaw. Therefore, the restrictions laid out below are legally enforceable by the Pleasant Brook Association and Lexington Historical Commission respectively. For example, the Association architectural restrictions state that: "The Trustees have standing to file a petition in court seeking a restraining order against further proceeding with the construction of an unapproved structure, or seeking an order commanding the removal of one already completed."

Architectural and Landscaping Restrictions

Written approval from the Pleasant Brook Association is required for any of the following changes, as codified in the Architectural Restrictions, referred to below as 'the restrictions', as follows:

Exterior changes: The restrictions state: "The Renovations to houses or other existing structures which change the exterior in any way — including, for example, additions, decks, platforms, raised terraces, new or re-located door and window openings, changes in exterior finish materials, changes in roof line, etc., etc."

New structures: The restrictions state: "New structures of any kind (attached or freestanding) — including, for example, carports, garages, storage or tool sheds, play houses, major play equipment, tree houses, etc. Provided that the nature and location of minor structures are such as not to constitute an eyesore to the community or to a neighbor, the Trustees may grant approval for such, as temporary structures, with a specified time limit on them."

Fences: The restrictions state: "Fences, walls or screens of any length or height."

Walls: The restrictions state: "Removal or re-location of any existing fieldstone walls."

Hardscaping: The restrictions state: "Steps, surfaced paths, patios, or raised terraces of any kind."

Hedges: The restrictions state: "Planting of hedges or other similar planting not in keeping with the present natural and informal character of the area. 'Hedge', as used here, is defined as a more or less formal planting of bushes or small trees in a clearly defined line or pattern more than 10 feet long, the visual effect of which is a solid and continuous barrier."

Plant removal: The restrictions state: "Removal of any living trees 4" in diameter or larger. Extensive removal of other living growth where such growth constitutes a feature of the community landscape or where the removal of such growth would noticeably affect the landscape and appearance of a neighboring lot."

Grading: The restrictions state: "Major changes in the grading of any lot, including the bringing in of fill (but not topsoil), or the removal or the re-location of existing earth."

Driveways: The restrictions state: "New or relocated driveways."

Signs: The restrictions state: "Signs of any kind."

Other: The restrictions state: "Any other structural or landscaping change which materially affects the appearance of the community."

Historical Attribute Restrictions

The Historical Commission's demolition delay by-law and formal review process only applies to activities that meet the criteria of "substantial demolition". Substantial demolition of a building or portion thereof shall mean one or more of the following, as defined by the Historical Commission's documentation:

Roof changes: "The removal of a building’s roof or roofing materials or alteration of a roofline"

Exterior changes: "The removal or alteration of any of the exterior architectural features of a building; including clapboards or other cladding, exterior moldings and trim, sheathing boards, roofing, or doors, windows and their frames"

Demolition: "The removal of more than one exterior wall of a building"

Relocation: "The lifting or relocating of a building on its existing or to another site"

Property Use Restrictions

Written approval from the Pleasant Brook Association is required for any of the following changes, as codified in the property use restrictions attached to Pleasant Brook property deeds, referred to below as 'the restrictions', as follows:

Buildings The restrictions state: "No building shall be erected on the premises except one single-family dwelling house, one garage for not more than two automobiles and other usual outbuildings."

Occupancy: The restrictions state: "Not more than one family shall occupy the dwelling house at one time, and no family shall occupy any other building on the lot at any time as a dwelling, except that persons employed by the owners of the property for the time being may occupy living quarters in the garage. No building shall be used for any purpose except in connection with the occupancy of the dwelling house for residence purposes."

Changes: The restrictions state: "After erection of the initial dwelling house to be erected on the above-described premises, no building, fence, wall or other structure shall be erected upon and no major change shall be made in the landscaping of the above-described premises except with the approval in writing of the Pleasant-Brook Association (and, if any part of the granted premises constitute a portion of the land conveyed by Mason to Compton by deed dated June 12, 1952, recorded at said Deeds in Book 7918, Page 378, then the written approval of Peacock Farms Association shall also be necessary) which approvals shall not be unreasonably withheld, to the end that the entire development of which the granted premises are a part shall constitute a harmonious whole, and provided that any subsequent purchaser or mortgagee may conclusively presume that this restriction has been complied with unless a certificate shall have been recorded and/or registered with Middlesex South District Deeds by Pleasant-Brook Association (or by Peacock Farms Association, if approval is required as stated above) specifying breach thereof and, in general language, the nature and extent of such breach."

Animals: The restrictions state: "No animals or birds shall be kept on the premises for commercial purposes or in any manner so as to be unreasonably offensive to the neighborhood for residence purposes."

Commercial use: The restrictions state: "No business, trade manufacturing or industrial use shall be made of the premises at any time, but professional activities within the dwelling, such as medical, architectural, legal services, and the like are not prohibited by this restriction, provided (1) the building shall not be structurally erected or altered for this purpose so as to appear to be other than a dwelling, and (2) no sign shall be placed on the premises except one inconspicuous professional sign attached to the dwelling. No sign other than as hereinbefore stated and one sign advertising the property for sale shall be erected or maintained on the promises."

Land taking: The restrictions state: "The grantees, for themselves, and their heirs, executors, administrators and assigns, agree to convey to the Town of Lexington on request and without charge, the fee of or an easement in that part of the granted promises lying within any street shown on the said plan and to make no claim for damages on account of a taking thereof by said Town."

Amendments: The restrictions state: "Any or all of the foregoing restrictions may be modified, amended or released as to all or any part of the land subject thereto or having the benefit thereof by written declaration recorded and/or registered with said Deeds executed by Pleasant-Brook Association (and, where applicable pursuant to Paragraph 3 hereof, also by Peacock Farms Association) provided, however, that no such amendment imposing any additional or greater restriction shall be applicable to any part of the said land unless consented to in writing by the then owner of the said part. Said promises are also conveyed together with such other encumbrances of record, if any (including without limitation certain rights granted to the Town of Lexington), as are now in force and applicable to the extent that the same are now in force and applicable; and the grantor reserves for itself, its successors and assigns the right to do such banking and sloping as may be necessary or convenient for the construction of any street shown on the said plan to the satisfaction of the Town of Lexington and to enter the premises for said purposes."

Approval Process for Changes to Properties

The following describes the processes and procedures for obtaining approval for proposed changes to properties within Pleasant Brook, which are a combination of documented formal processes outlined various legal documents, and informal procedures adopted by multiple Pleasant Brook Association trustees and the Lexington Historical Commission over the years. The majority of change requests likely only require approval from the Pleasant Brook Association, where as some will also require approval from the Historical Commission. The following describes the process for seeking approval from both entities, for changes that are governed by specific property restrictions.

Pleasant Brook Association Review Procedure

The following describes the step-by-step procedure for requesting and obtaining approval for changes to properties from the Pleasant Brook Association, and the Trustees are best reached by email.

Informal Notice: A Pleasant Brook homeowner (beneficiary) considering a change that falls within the purview of the architectural, landscaping, or property use restrictions should informally reach out to the trustees to discuss the scope of work and elicit preliminary feedback. The architectural restrictions state: "In fact, it is strongly recommended that, prior to making a formal submission, a petitioner advise the Trustees of a proposed change so that features which the Trustees consider important can be discussed informally and incorporated in the plans at their inception, thereby minimizing the chance of later changes and possible inconvenience to the petitioner."
Informal Feedback: The Trustees shall informally provide feedback, recommendations, or other guidance to the homeowner in a timely manner, such as feedback on architectural elements, recommendations on building materials, and other best practices and lessons learned.

Formal Request: When the homeowner is ready to formally request approval for a change, they should email the Pleasant Brook trustees with all plans, sketches, diagrams, or such other material the trustees may deem necessary to adequately describe the proposed change. The association bylaws note: "To seek such approval a record owner shall submit in duplicate to the Trustees a written description and plan or sketch from which the nature of the proposed building or landscaping project can be clearly determined; and each such application shall be reviewed and considered by the Trustees as promptly as feasilble following such submission". The architectural restrictions note that that: "these be submitted well in advance of the commencement of any construction of signing of a construction contract", as the trustees have up to 31 days to render a decision.

Beneficiary Meeting: The trustees will work with the homeowner to schedule an on-site or virtual meeting to review the site, the proposed scope of work, and any other information pertinent to the request. For simple change requests, review may be conducted via email, as to be determined by the trustees.

Trustee Review: The trustees will discuss the project and determine if they need to work with the homeowner on any potential suggested changes to the proposed scope of work. The architectural restrictions state: "It is the Trustees' intent to process applications promptly and, where in their opinion there is a conflict of interest, to cooperate with the homeowner in seeking a solution satisfactory to everyone. If changes are recommended, these will be discussed with the homeowner, and, when mutually agreed to, will be noted on the drawing(s) or other documents. One copy of the approved drawing(s) will be signed by the Trustees and returned to the petitioner for their record, and a second copy will be retained for the Association's records."

Adjudication: The trustees will adjuciate the project and render a decision. The architectural restrictions state: "It is the intent of the Trustees to interpret the restrictions as liberally as possible, consistent with preserving a natural and harmonious appearance of the community. However, it should be borne in mind that the restrictions are legally enforceable." All change requests require a majority of the board to support the proposal. The declaration of trust states: "The Trustees shall take a vote and a change request requires three of five trustees voting in the afirmative for approval."

Notice of Decision:The Trustees shall give written notice to the homeowner of their formal decision within thirty-one days of filing. The association bylaws state: "To each applicant the Trustees shall give written notice of their action on their application, returning with such notice one copy of the description and plan or sketch submitted to them and keeping for their records the other copy; and failure to give such notice within thirty-one (31) days following submission of the application shall constitute approval by the Trustees of the application."

Historical Commission Review Procedure

For changes that meet the Historical Commission's definition of "substantial demolition", the Commissions formal approval process must be undertaken. What constitutes substantial demolition is defined in the property restrictions. After reviewing the substantial demolition criteria and the proposed changes are not applicable to review by the Historical Commission, then the no further approval is required beyond the written approval notice of the Trustees. Be advised that projects which require building permits in order to modify a historically or architecturally significant property, will be flagged during permitting if they have not received prior approval from the Historical Commission and will delay a project's timeline. It is highly advised to contact the Historical Commission if you are unsure about the applicability for a specific set of changes.

Review: The first step is to review the Historical Commission's processes and procedures for adjudicating change requests. Note that a significant amount of the Historical Commission's documentation is focused on the processes surrounding requests to fully demolish a significant structure, and thus many of those processes and guidelines are not applicable to smaller change requests. The following list of resources are a good introduction to the Historical Commission's review process:

Prepare and Apply: The following are recommended to prepare for the Historical Commission's review process:
- Reach out to the Pleasant Brook trustees for guidance and best practices from previous projects
- Watch a prior Historical Commission public hearing on LexMedia
- Request an informal discussion with the Commission for an upcoming meeting in order receive feedback that can be incorporated into the formal application.
- Prepare the materials for hearing, such as a presentation, sketches, literature, drawings, or renderings, and file the formal application.

Review with Trustees: If any changes were requested during the Historical Commission hearing, review with the Trustees to share the findings and determine if the Trustees need to amend their decision.

Pleasant Brook Association Notification and Documentation

After an approval of a change request has completed, the Trustees will perform the following steps:

Notification: The trustees, at their discretion, shall notify all other beneficiaries with a summary of the change request and decision of the Trustees, by way of the Pleasant Brook Association neighborhood email listserv, or other method.

Appeal: A honeowner can appeal the approval of a the trustees within twenty-one days by calling for a vote of the entire neithborhood. The declaration of trust states: "If within 21 days following approval and notification by the Trustees, the beneficiary of any such parcel affected by such action shall request in writing that such action be reviewed by all of the voting beneficiaries. A meeting shall be held in the Pleasant-Brook area or at some other place reasonably convenient within 30 days following receipt of such request. The call for the meeting shall be by written notice which shall contain a summary statement of the action to be reviewed and shall be mailed or delivered to each Voting Beneficiary at least 7 days before the date for the meeting. The action of the Trustees shall be deemed to be final and binding unless at such meeting a majority of all the Voting Beneficiaries shall have been present in person and shall have voted to disapprove or modify such action."

Record Archival: The secretary of the Trustees shall archive the materials associated with the change request, as has been common practice for many years, for reference by any trustee or beneficiary in the future.

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