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Covenants

ByLawsAsAmendedIn 1998

 Changes from 2000 annual meeting:

WHEREAS the Restrictive Covenants require that buildings shall be designed and located on the site in a manner that will least block the view of other properties, developed or undeveloped, and the construction committee shall interpret and apply these regulations so as to carry out the spirit of such expressed intent, and

 

WHEREAS the maximum roof height permitted for a building above the lot's highest natural elevation as defined in the current Restrictive Covenants is effectively 22 feet and,

 

WHEREAS building heights above floor levels as currently defined in the Restrictive Covenants present confusing and burdensome architectural constraints which have no impact on building height and the obstruction of views of other properties, and

 

WHEREAS the wording of the Restrictive Covenants is unclear as to  whether loft, attic, raised floor, and mezzanine floor levels represent true second floors,

 

THEREFORE, it is resolved that the sections of the Restrictive Covenants which currently  needlessly constrain the interior design of buildings shall be amended to:

 

a)     delete references to maximum roof height above first and second floors and be replaced with a simple overall roof height limit of 22 feet above the  lot's highest natural elevation, and

 

b)     clarify the definition of second floor level to exclude attics, lofts, raised floors and mezzanine levels

 

 

BE IT RESOLVED:

 

THAT SECTION III BUILDINGS AND STRUCTURES para.7 BUILDING SITE REGULATIONS of the RESTRICTIVE COVENANTS BE AMMENDED TO READ AS FOLLOWS(ADDITIONS SHOWN IN UNDERLINED ITALIC BOLD AND DELETIONS SHOWN IN STRIKETHROUGH):

 

7. Building Site Regulations

 

A. New construction shall conform to the quality and ambiance of existing homes, in order to preserve and enhance the appearance of the subdivision.

 

B. Buildings shall be designed and located on the site in a manner that will least block the view of other properties, developed or undeveloped, and the construction committee shall interpret and apply these regulations so as to carry out the spirit of such expressed intent.

 

       C. Definitions:

 

(1.) The highest natural elevation of a plot shall be defined as the average elevation of the highest twenty percent of the undisturbed area of the lot. It is not intended that a spur or artificial anomaly shall determine the elevation.

      

(2.) No building shall contain a second floor except and unless the plane of that floor intersects the natural slope of the lot. That is, a building located on the side of a steep slope may include a second story (but in any event no more than a second story) provided that the overall height of the building does not exceed the maximum allowed below. Loft or attic spaces and raised floors or mezzanine floor levels above first floor levels shall not be considered as second floors.

 

(3.) No floor shall be built more than four feet zero inches (4'0") higher than the highest natural elevation of the plot as defined above.

 

(4.) A space built below the grade of the building, such as a cistern, carport, or utility room, shall not be considered a floor for the purposes of the regulation, but under no circumstances may such space be used for living accommodation or any other domestic purpose.

 

(5.) No building shall be constructed with a maximum roof height in excess of twenty-two (22') feet above the highest natural elevation of the plot as defined above eighteen (18') feet above the floor if a single story building, or twelve (12') feet above the second floor of a two story building.

 

END of TEXT

 

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