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Master Plan
r TOWN OF EENSBURY U Q FILE , 742 Bay Road, Queensbury, NY 12804-5902 5 18-761-8201 Queensbury Planning Board--Record of Resolution A Craig MacEwan, Chairman Catherine LaBombard, Secretary TO: Takundewide HOA RE. Takundewide Master Plan C/o William Mason 40 Boathouse Road Cleverdale,NY 12820 DATE: September 23, 2003 RESOLVED: MOTION THAT THE PLANNING BOARD APPROVE THE TAKUDEWIDE RESOLUTION MEMORANDUM OF UNDERSTANDING MASTER PLAN BETWEEN THE QUEENSBURY PLANNING BOARD AND THE TAKUNDEWIDE HOMEOWNER'S E ASSOCIATION, Introduced by John Strough who moved for its adoption, seconded by Chris Hunsinger: In accordance with the resolution prepared by Staff dated September 23,2003 [See attached]. Duly adopted this 23`d day of September 2003 by the following vote: AYES: Mr.Hunsinger, Mr. Ringer, Mr. Metiver, Mr. Sanford, Mr. Strough, Mr. Seguljic, Mr, MacEwan NOES: None Sincerely, 01-1 1 .Vt Craig MacEwan, Chairman ` CM/pw "HOME OF NATURAL BEAUTY . . . A GOOD PLACE TO LIVE" SETTLED 1763 Takundewide Resolution Memorandum of Understanding Between the Town of Queensbury Planning Board and the Takundewide HOA September 23, 2003 INTRODUCED BY: John Strough WHO MOVED ITS ADOPTION: SECONDED BY: Chris Hunsinger WHEREAS, the Takundewide HOA has agreed to formulate a Master Plan for its benefit and to reasonably assure the Town Planning Board, that because of Takundewide's unique individual and common lands structure, the environmental capacity of the site if fuiiy expanded, would be able to accommodate further development, within the parameters outlined, and WHEREAS, several meetings were held with the Planning Board at which the Takundewide HOA and/or representatives have discussed the situation and reasons for the Master Plan, and WHEREAS, the Planning Board has reviewed the Master Plan information package provided to them by the Takundewide Homeowner's Association (HOA), dated August 2003, and WHEREAS, the Planning Board and the Takundewide HOA fully understand the purpose and function of the Master Plan is to: • Act as a guideline for use by the Takundewide HOA individual property owners and the Planning Board, and • Provide reliable information for use by the Planning Board when it reviews future, requests for expansion, and that those future applications are likely to be viewed favorably as long as there are no changes to the typical request upon which the Master Plan is based, and • Consider the Takundewide Master Plan as an expanded environmental assessment that addresses potential cumulative environmental impacts, and WHEREAS, the Planning Board and the Takundewide HOA also fully understand that: • The Master Plan is not a SEQRA review or document; SEQRA documents still would be required as applicable under law, and • The*Master Plan does not provide, nor assure, future approvals, and • All Town of Queensbury codes and application procedures must be followed as applicable under law, and at-the time any application is reviewed • Neither the Takundewide HOA nor the Planning Board is bound by the Master Plan such that changes beyond the intent and scope of the Master Plan may require additional information, and • It will be the responsibility of the Takundewide HOA to assure that all present and future property owners are aware of this Master Plan, and L:\PamW\Planning Board Resolutions\Planning Board Resolution, 20031September\Takundewide Resolution 9-23-03.doc NOW, THEREFORE, BE 1T AGREED AND RESOLVED, THAT, The Takundewide HOA agrees to perform the following activities to assure that the Master Plan is maintained as agreed in the August 2003 package, and as a practical matter, so that: • Notice of the Master Plan and this agreement/resolution, and any subsequent amendments, is to be provided to the new owner before: a sale of property, and • A notice of the availability of Master Plan information and this agreement/resolution, and any subsequent amendments, is to be publicly posted on site, and • Cottages already expanded, and those expanded in the future, shall be noted on the Master Plan Map with the reference to the HOA building/lot number and Town of Queensbury application approval numbers, and it shall be the responsibility of the HOA to provide the updated pages/documents to the Town in a timely manner, and • A copy of changes made to the Master Plan Map, concurrent with the Master Plan submission (such as but not limited to stormwater containment delineation, septic System upgrades, etc.) shall be provided to the Planning Board, and BE IT FURTHER RESOLVED, THAT, This Resolution shall become a Memorandum of Understanding between the Town of Queensbury Planning Board and the Takundewide Homeowner's Association (HOA) upon signature of the HOA noted below. NOTE: The Master Plan Map is the drawing labeled, "Takundewide, Inc,, March 13, 2003, Scale 1"=50', Sheet 1of 1, S-1," and any subsequent revisions as approved by the Town of Queensbury AYES: Mr. Hunsinger, Mr. Ringer, Mr. Metiver, Mr. Sanford, Mr. Strough, Mr. Seguljic, Mr. MacEwan NOES: None Accepted to and agreed to by the Takundewide Homeowners' Association (HOA) by: Nam ,� .� Sv C� /o zc�Z,3 e Date As representative for the Takundewide HOA L:1PamW\Planning Board Resolutions\Planning Board Resolution, 20031September\Takundewide Resolution 9-23-03.doc t� Master plan letter (8/18/03) _ TAKUNDEWIDE HOMEOWNERS Town of QueensburySSOCIATIONR- MLetter (5/30/03) 0 Boathouse Road r ` everdale,New York 820 Rules L. 4 r` Master plan submission Covenants far the Planning Board Town of Queensbury Queensbury,NY 12804 August, 2003 stems Se tic S p y / Engineers reports/ Water System i Dock assi g n ment sl Lake George Park Commission Letter Herbicide application letter/ °f Pesticide application letter Survey 1 k x: � NIX' !a V i`s{ rtFju 7�a3 •f'^'sI rd?" ' ;'u { TAKU OC LEVERDALE, NENSDEDE HOMEOWNERS ASSOCIATIQN W YORK 12820 518-656-9573 Mr. Craig MacEwan, Chairman Planning Board Town of Queensbury 742 Bay Road Queensbury, NY 12804-5902 August 18, 2003 Re: Takundewide Master Plan Dear Mr. MacEwan: The Board of Directors and Homeowners of Takundewide discussed at length your request for additional information intended to completc the Master Plan process at our annual meeting this last week. We do hope that the information we have enclosed provides the necessary final details such that William and Linda Nizolek's permit request can move expeditiously forward in both Planning and Zoning. In addition the homeowners fully expect that our completion of this process will allow subsequent homeowners to move far more quickly through the approval process. Once again we have organized our responses by numbering your requests included in your letter of May 30, 2003, copy attached. Our reply below follows that format: 1. Building footprints are not to expand We agree to the incorporation of this statement in the plan. 2. Height restrictions in the Town of Queensbury Ordinance must be followed We agree to the incorporation of this statement in the plan. 3. Any cottage expansion would be limited to a maximum of 1536 sq. ft We agree to the incorporation of this statement in the plan. 4. There will be no expansion of the 5 cottages already expanded We agree that there will be no further expansion of these five cottages beyond the 1536 square feet noted above. S. There will be no residential units added 6. HOA lands will not be further subdivided We agree to the incorporation of these two statements in the plan. 7. Remove language on the Master"Plan drawing which states., "reserved for possible expansion" This wording was placed on the survey reap to designate an area for a community septic system. It was sized according to the engineer's specifications and included in our earlier submission as per your request (#7 from your 1/31/02 letter). We also use it in response to #15(below). 8. Provide a list of current HOA rules.... Attached 9. Attach a copy of the HOA covenants.... Attached 10. Note noise restrictions between the hours of 10:00 PM and SAM Agreed, this was discussed at our annual meeting on July 31, 2003 and agreed to_ This is and will continue to be strictly enforced by our on-site manager. (See THOA rules/Parties) 11. Note that a visual impact assessment will be performed for each cottage expansion.... Agreed, the Board of Directors, in its' review of each project, will include an assessment of view impact to adjacent homeowners and lake side view before granting its' approval. (See THOA rules/Construction) 12. Put in place a pump out, observation, and maintenance program for septic systems Agreed, attached is a copy of a letter which is routinely sent to all owners at Takundewide. The office maintains a three-ring binder with information about each system. We track system maintenance and condition at the time of inspection. We encourage all owners to comply with this recommendation. 13. Determine the size of the drain fields Each of the systems with 1000 gallon concrete tanks was installed with a perforated pvc drain pipe system consisting of approximately 200' of lateral pipe. Each of the systems with 750 gal or 500 gal metal tanks was installed with perforated drain pipe system consisting of between 150' and 200' of lateral pipe. The cesspools with grease traps have no drain fields. 14, Address whether or not septic system infiltration beds can handle clothes washers The cesspools with grease traps are the systems where we will not allow clothes washers (92,3,4,6,7,8). All others are in excess of 100' from Lake George and are adequate for the addition of a clothes washer. 15. Clarify suitability for a community system in common area, with or without fill As per our enclosed survey, the community system altemative would be located in the area marked "reserved for possible expansion" (see#7). As per our engineers report, dated 3/11/03: ".. it would most likely be designed for buildout or an estimated 9,100 gallons per day. Such a system would require an area estimated to be about 3 acres in size. Since the vacant area is 7+/- acres, the exact location and type of system used would be determined at the time of design and would comply... ...a total of 5,055 lineal feet of two foot wide trench would be required. This would involve use of 5 fields of 1000 lineal feet and would require the importation of some 9,000 cubic yards of select fill. Therefore, according to our engineer, the common area is suitable for a community system in the event that we need it,we have more than twice the needed land for such a system and we would need to add fill. 16. Indicate peak hour water use, and the maximum number of people that can be accommodated Maximum hourly use as monitored in 2003 (on two days, July 19 and August 15, we monitored water use on an hourly basis), was 700 gallons on July 19 between 10 and l I am, Since our system includes a 2000 gallon tank of finished water, the outflows must be greater than the inflow for a long period of time to deplete the 2000 gallon "buffer" and cause us to run out of water. Currently, we can produce water at approximately 32 gallons per minute or 1920 gallons per hour (the "inflow"). 17. Show parking restrictions., such as signs indicating where to park to avoid certain areas containing septic systems. Cars are not allowed to park on the lawns. (See THOA rules/Parking) Cars must park in the parking lots or on the shoulders (where there are no septic systems). This rule is vigorously enforced by the on-site management team. Signs are unnecessary and would be unsightly. 18. Clarify the maximum gpd of water use, based on the maximum# of bedrooms per building, plus the main lodge (932) and laundry facilities As per the included engineers report dated March 11, 2003, maximum water use at buildout(with each house expanded to its' maximum size, according to this plan), would be between 14,190 and 19,350 gallons per day. This is based on NYSDOH theoretical guidelines of between 110 and 150 gallons per bedroom. At buildout, we would have 4 bedrooms per house and 5 bedrooms for#32. (4 x 31 + 5 = 129 bedrooms; 129 bedrooms x 110 gallons per bedroom = 14190 gallons per day, 129 x 150 = 19350 gallons per day). 1f we were to base this on actual use, at the time of the last submission we were recording 71 gallons per bedroom per day(5150 gallons per day/ 73 bedrooms = 71 gallons per bedroom per day). In 2003, between July 30 and Aug. 15, our usage is 119 gallons per bedroom per day (8688 gallons per day/ 73 bedrooms = 119 gallons per bedroom per day). Both figures are below the planning range specified. This usage includes 432 and laundry facilities and also includes any landscape watering and lawn sprinkling. As per#16 above, we can produce 1920 gallons per hour or 46080 gallons per day. 19. Provide documentation to the PB from the Lake George Park Commission that docks are Class B marinas Attached 20. Show contracted assignments for individual docks/moorings per cottage Attached 21. Existing roads and driveways should not be paved We agree and do not intend to pave the gravel drives and parking lots. 22. Areas for stormwater containment should be designated so that new septic systems are less likely to fail Agreed, as homes are upgraded/expanded and stormwater containment added we will delineate it in our Master Plan such that we preclude impacting septic system operation. 23. Address fertilizer/pesticide/herbicide use and groundwater/lake impacts We currently use Hunt's Quality Pest Control and Mead's Nursery for this work. Letters from these firms with their addresses, requisite permit numbers and information about the material applied is attached. The pesticide is applied once per year in a narrow band at the base of each building and under the eaves. The fertilizer/herbicide is a liquid product that is applied once per year. In both cases, we minimize the application of these products to balance the practical need for some weed control, fertilization and ant control with the protection of the ecologically sensitive area we live in. Conclusion It is our understanding that unless otherwise stated, the definitions in the town code shall determine the meaning of any of the statements herein. If the town code should change, or if some of the conditions should change at Takundewide, then this document could be revisited and amended with mutual consent, and not necessarily be voided in its' entirety. We are hopeful that this additional information will allow the Planning Board to complete its process in short order. If any additional information is needed please contact our attorney, Jonathan Lapper at 518-792-2117 or our association president, Bob Mason at 802-985-8249. Thank you for yours and the planning boards time, efforts and patience as we work through all this. Sincerely, Bob Mason Dan Fraser �W President Vice President Takundewide Homeowners Association Takundewide Homeowners Association r. - ,.- r:!, G C�•Lid.� _..�` "...". rank Gabrielsen Sam Lightbody Director Ex- officio Director, Past President Takundewide Homeowners Association Takundewide Homeowners Association CC Jonathan Lapper, Esq. William Mason, Takundewide Management Group, Inc. TOWN OF ouEENsBuRY 742 Bay Road, Queensbury, NY. 12804-5902 518-761-8222 u May 30, 2003 .1 ` tit � Mr. Bill Mason, Manager Takundewide Homeowner's Association P.O. Box 85 Cleverdale, NY 12820 Re: Takundewide Master Plan Dear Mr. Mason: I am writing this letter in follow-up to our discussions during the most recent Planning Board meeting. We appreciate the time and effort you have taken on behalf of the Takundewide Homeowner's Association (HOA). It remains our goal to devise a Master Plan to the mutual benefit of the HOA and the Town, including our Planning Board (PB) and Zoning Board of Appeals (ZBA). To that end, I would like to refresh our understanding by outlining how the Master Plan can be used, once accepted by the -fanning Board. f he intent of the Master Plan is create a "spring board" for future applications. As you know, a major concern of both the ZBA and PB is the cumulative environmental impacts involved if each property were to expand_ By outlining the capability of the entire site to accommodate such expansion, the reviewing board(s) will have a basis for decision- making regarding the environmental impacts of a specific project/proposal. We anticipate referring to the Master Plan when future applications to the ZBA or PB are submitted. The purpose of a Master Plan is to have information that the HOA and the ZBA/PB can rely on and would be included with each application put forth. Therefore, each of us needs to know that the information included in the Master Plan is as specific and accurate as possible. An activity proposed outside of those contemplated or a new finding of fact outside those documented in the Master Plan would be considered new information, and would allow the Master Plan to be revisited (e.g. septic system failures). We cannot assure every project put forth will receive approval. We can provide a. baseline for future decision making, while gaining confidence that projects consistent with the master plan will not impact the environment and community in a negative fashion. Bill Mason May 30, 2003 Page 2 We believe that if the Master Plan is revised consistent with recommendations made by the Planning Board during the April 24, 2003 meeting; that the result will be a Master Plan that serves our mutual goals. Future Development/Conditions The PB would like to see language in the Master Plan noting that Building footprints are not to expand 1—] ■ Height restrictions in the Town of Queensbury Zoning Ordinance must be followed ■ Any cottage expansion would be limited to a maximum of 1,536 sq. ft. ■ There will be no further expansion of the 5 cottages already expanded (provide a reference to HOA building/lot#'s and previous Town of Queensbury application approval #'s) There will be no residential units added ■ HOA lands will not be further subdivided ■ Remove language on the Master Plan drawing which states, "reserved for possible expansion" HOA Covenants and Rules - Provide a list of current HOA rules to be included as part of the Master Plan 8,9 ■ Attach a copy of the HOA covenants to be a part of the Master Plan AestheticslNoise ■ Note noise restrictions betNeen the hours of 10 pm and Sam 10 ,11 Note that a visual impact -assessment will be performed for each cottage expansion; if expansion obstructs or hinders another owner's view within Takundewide or other adjacent property owner, then the expansion may not be allowed; the impact from the lake (i.e. shore view)will also be considered Septic SystemslWater Use/Common Area ■ Put in place a pump out, observation, and maintenance program for septic systems 12-18 ■ Determine the size of the drain fields ■ Address whether or not septic system infiltration beds can handle clothes washers Clarify suitability for a community system in common area, with or without fill ■ Indicate peak hour water use, and the maximum number of people that could be accommodated ■ Show parking restrictions, such as signs indicating where to park to avoid certain areas containing septic systems ■ Clarify the maximum gpd of water use, based on the maximum #of bedrooms per building, plus the main lodge and laundry facilities Docks ■ Provide documentation to the PB from the Lake George Park Commission that docks 19,20 are Class B marinas ■ Show contracted assignments for individual dockstmoorings per cottage Sill Mason May 30, 2003 Page 3 I would also like to add the following items addressed by our consulting engineer and Town staff: Stormwater • Existing roads and driveways should not be paved 21-23 • Areas for stormwater containment should be designated so that new septic systems are less likely to fail • Address fertilizer/pesticide/herbicide use and groundwater/lake impacts Once you have addressed these concems, the Planning Board will consider the master plan and can hopefully pass a resolution accepting the plan. We recognize that compliance with the master plan will be a cooperative effort on behalf of the HOA, applicants and reviewing boards, providing all parties and the Town benefits. Thank you for your consideration and we look forward to hearing from you soon. Sincerely, TOWN OF QUEENSBURY 0f)aj 6ir : Craig MacEwan, Chairman Planning Board Cc: Staff Town Counsel Lew Stone, Chairman ZBA " Horne of Natural Beauty ... A Good Place to hive " 3 Settled 1763 e��m�Q�� �s.,A.�sa��a�l�o1�� Usage Rules: Beach&Docks,Buildings, Construction,Grounds,Lauudrormt, Parking,Parties,Pets,Tennis, Trash Administrative Rules: Board of Directors,Assessments, Corporate records,Insurance,Member Meetings, Officers Eudnotes: Sources for rules or regulations Usage Rules and RejZulations: Beach and Docks • Bicycles are not permitted on sundecks' • Swimming rules 1. Never swim alone 2_ Children must be accompanied by parent or guardian 3. Swimming is at swimmer's own risk 4. Beach hours are posted on the docks 5. Swimming areas are marked with safety ropes and floats • Blow horn when backing out of docks to clear congested traffic4 • Guests with boats may temporarily dock on the west side of the two main docks-5 • Temporary docks (explained above) may not be used overnight • Set skis I. Not permitted in beach area 2. Must be tied in assigned boat slip when unattended • Electrical outlets near the lakes 1. For convenience (e.g. vacuuming) 2. NOT to provide shore power for boats • Boats extending further than covered area may not dock in covered docks'() Buildings • Exterior specifications" 1. Color: white 2. Shutters: all windows must be shuttered with dark green shutters12 3. Roof shingles: slate blend 4. Chimneys: i3 ♦ slope must be stepped brick ♦ flashing must be stepped ♦ veneer must be brick 5. Foundations: solid or skirted piers14 6. Porches: enclosed in glass or screened 7. NOT permitted: awnings and lawn ornaments • CIothes washers are permitted in cottages 1. Upon written approval of Directors15 (as the Architectural Committee) 2. Septic system must be of sufficient design capacity to handle additional flow 16 • Clothes dryers and dish washers must comply with building and electric codes" • No commercial business activity other than home office'$ Construction • Alterations to exteriors must be submitted to Architectural Committee for approval") 1. The Association, or any owner, has the right to enforce all restrictions and covenants 2. Failure to do so is not a waiver of the right to do so after the fact2D 3. Approvals by Architectural Control Committee run for a period of two years 4. Reapplication is required if period elapses without commencement of approved change21 5. Visual impact assessment will be performed for each alteration.22 • No machinery or loud construction noise23 1. At any time between May 15 and October 15 (unless absolutely necessary) 2. Never before 9:00 a.m. or after 5:00 p.m. • Contractors doing business at Takundewide 1. Must file a certificate of insurance at the office24 2. Must conform language and behavior to family atmosphere at Takundewide25 • Owner must return common property and any other property to original condition26 1. Inspection of property prior to construction and again after completion of construction27 2. One or more Director, the owner of the property and the Manager inspect the property 3. Owner is informed of repairs necessary to restore the common ground to original condition 4. If owner fails to repair property2g a. Association notifies owner in writing that the Association will repair property b. Owner must reimburse Association for amount expended for repairs or reconstruction c. Association will have lien against property securing payment for repairs Grounds • Association maintains all lawns and plantings, including those on private lands29 • Each owner pays30 1. Equal share of common maintenance 2. Proportionate share, according to square footage owned, of the private maintenance • Association is not responsible for replacing or maintaining grills3" • Association assumes financial responsibility for two chaise lounges at each cottage32 • Plantings or gardening may not encroach on a neighbor33 • Common septic area may not be abused34 • No advertising signs unless authorized by Association35 Laundrornat36 • Clean out laundry machines after each use • Remove laundry promptly 2 Parking • Driving or parking cars on the lawn is NOT permitted. Septic systems are located on the lawns and driving or parking on them can be detrimental to them.37 • Park in the lot closest to your cottage; if full,park adjacent to driveways (just off driveway)38 • Boats and trailers may not be parked on common properties unless in either enclosed garage or areas designated for boats and trailers39 • Designated area for trailers: near tennis courts40 • Boats maybe stored in the parking lots for the winter4l 1. Beginning date: last weekend in September 2. Ending date: weekend before Memorial Day weekend Parties • "There is to be no loud or annoying noise between 10:00 PM and 5:00 AM.42 • Notice of large parties is required to avoid conflicts and overuse of facility on same day43 1. Given to any member of the Board of Directors 2. Recorded on Manager's calendar for announcement to all Members44 • Owners may put up a party tent for their own use with advance notice of location and dates when it will go up and come down45 • Requests for a party tent by renters are decided by the Directors46 • Fireworks are not permitted 47 Pets • All pets must be leashed or kept in enclosed area at all times48 • Dogs are not permitted on the beach or in Lake George49 Tennis50 • Keep courts locked • Limit playing time to 1.5 hours if there are people waiting Trash • Each cottage must supply three containers51 1. Two containers for trash 2. One container for recyclable plastic, aluminum/tin cans and glass • An approved trash bin may be placed outside each cottage to hold the containers52 • Stack on porch: newspapers, cardboard and brown paper bags53 3 Administrative Rules and Regulations Board of Directors: 3 people (need not be Members) for term of three years each54 ► Nomination to the Board of Directors5s 1. By Nominating Committee 2. From the floor at the Annual Members Meeting • Nominating Committee: appointed by Directors before annual meeting, for one year term 1. Chairman of the committee must be a Director 2. At least two other Members of the Association are on the Committee • Election: person with the most votes is elected (cumulative voting is not allowed) s6 l. When number of nominations is greater than number of vacancies: use secret written ballots' 2. When number of nominations is equal to number of vacancies: use voice vote or show of hands58 • Compensation for services is NOT allowed, but reimbursement for actual expenses is allowed • Meetings: 59 1. Regular meeting: held annually, notice is not required60 2. Special meetings: may be called with at least 3 days notice by President or two Directors 3. Quorum: majority of Directors • Powers 51 1. Adopt and publish rules and regulations 2. Suspend voting rights and right to use recreational facilities 3. Exercise powers, duties and authority delegated to Association 4. Declare vacancy if Director is absent from 3 consecutive regular meetings 5. Employ manager, independent contractor or other employee to assign duties 6. Designate the use of annual surplus of Income over Expenditures62 • Dut1eS63 1. Keep record of all acts and submit statement to Members 2. Supervise all officers, agents and employees and bond them when necessary 3. Fix amount of annual assessment 4. Foreclose against property or bring action at law against owner for unpaid assessments 5. Issue certificate, upon demand and for reasonable fee, stating that assessment has been paid64 6. Maintain liability and hazard insurance on Association property 7. Keep common areas maintained 8. Serve as Architectural Control Committee for the Association 65 9. Hold an organizational meeting to review the past year66 • Actions 1. Made at duly held meeting by majority are regarded as act of the Board of Directors 2. May be taken without a meeting by obtaining written approval of all DirectorS67 • RemovaI of Director: with or without cause by majority vote • Successor: elected by remaining Directors to serve unexpired term 4 Officers68 • Office requirements 1. President and Vice-president: 2 different members of Board of Directors 2. Secretary and Treasurer: may be one person,need not be a Director • Election: at Annual Board of Directors meeting • Term: 1 year • Resignation and removal 1. Removal may be with or without cause by Board of Directors 2. Resignation in writing takes effect on receipt of notice • Vacancies: filled by appointment by Board of Directors for unexpired term • President's Duties: 1. Preside at all meetings of Board of Directors 2. Carry out orders and resolutions of Directors I Sign leases, mortgages, deeds and co-sign promissory notes69 • Vice-president's Duties: 1. Act as President when President is unable, absent or refuses to do so 2. Any other duty as required by Directors • Secretary's Duties 1. Record votes and keep minutes 2. Keep corporate seal 3. Serve notice of meetings 4. Any other duty required by Directors • Treasurer's Duties 1. Receive and deposit all Association money 2. Disburse funds as directed by Directors 3. Sign all checks and co-sign all promissory notes70 4. Have books checked by independent accountant at end of each year 5. Prepare "Annual Budget" and "Statement of Income and Expenditures" Member Meetings71 • Regular meeting of Members is in July when the most Members can attend72 • Special meetings may be called 1. At any time by the President 2. Upon written request of Members with at least 25% of the vote • Written notice of each meeting 1. Must be sent 15 days before the meeting to Members at their last known addresses 2. Must specify time, place and date of meeting 3. For special meetings; notice must specify purpose of the meeting • Quorum is 25% of the voting membership • Written proxies are allowed and must be filed with the Secretary 5 Assessments • Annual assessment 1. Due in advance73 2. May be divided into monthly payments74 3. Owners may elect to pay semi-annually in advances 4. Due dates: January 15 and July 1 S. $10/month discount is available to semi-annual payers • Assessments not paid within 30 days after due date bear interest at 12%per annum76 • Association may bring an action at law or foreclose on property for non-payment77 Corporate records78 • Books may be inspected by any Member during reasonable business hours • Declaration, Articles of Incorporation and By-laws maybe inspected or purchased Insurance79 • Owners must maintain a policy of fire and other liability insurance • Minimum coverage80 1. Building: full replacement (or$40,000) 2. Liability: $1,000,000 • In the event of damage to the cottage 1. Owner must repair and rebuild exterior substantially the same as the original 2. Owner has 180 days after receipt of insurance proceeds • Upon failure of owner to repair or rebuild, Association may 1. Repair the damage 2. Bill the owner for the costs incurred • Incident reports for all accidents must be filled out at the office$1 Amendments • By-law amendments: require a majority of a quorum of Members82 • Declaration of Covenants, Conditions and Restrictions 1. Majority required -For first 25 years: 2/3 majority - After 25 years: 51% majority 2. Must be recorded 6 END NOTES: ' Ongoing Safety Review, 11/9/95 2 Owners Information Sheet, approved 1/11190;Directors Meeting Minutes, 1/9/95 3 Directors Meeting Minutes, 7/10/94 4 Directors Meeting Minutes,7/10/94, 11/9/95;Ongoing Safety Review, 11/9/95 DDirectors Meeting Minutes,9/14/94,3/26/96;Newsletter, 10/93 6 Newsletter, 10/93 7 Newsletter, 10/93 8 Directors Meeting Minutes,3/26/96 9 Newsletter, 12/91 1°Amendment to Declaration of Covenants, Conditions and Restrictions,Article VI, Section 1, 12/22/86 " Declaration of Covenants, Conditions and Restrictions,Article VII 12 Directors Meeting Minutes, 3/26196 13 Directors Meeting Minutes,3/26/96, 7/8/96 14 Directors Meeting Minutes, 3/26/96,7/8/96 15 Amendment to Declaration of Covenants,Conditions and Restrictions,Article VII, 9/11/94 16 Directors Meeting Minutes, 11/28/94;Newsletter, 12/94 "Directors Meeting Minutes,9/2/90, 8/5/90 '8 Declaration of Covenants, Conditions and Restrictions,Article VI 19 Declaration of Covenants, Conditions and Restrictions,Article VII 2°Declaration of Covenants,Conditions and Restrictions,Article IX,Section 1 21 Directors Meeting Minutes,9/2/90,3/26/96 22 Directors Meeting Minutes, 8/10/03 23 Directors Meeting Minutes,9/2/90,3/26/96 24 Directors Meeting Minutes, 7/12/93;Newsletter, 7/93;Ongoing Safety Review, 11/9/95 25 Directors Meeting Minutes, 8/4/91;Newsletter, 12/91 26 Directors Meeting Minutes,9/2/90, 7/12/93 27 Directors Meeting Minutes,9/14/93 28 Directors Meeting Minutes,7/12/93 29 Declaration of Covenants,Conditions and Restrictions,Article V, Section 4 30 Declaration of Covenants, Conditions and Restrictions,Article V,Section 5 31 Directors Meeting Minutes, 7/17/88 32 Directors Meeting Minutes, 7/I0/94 33 Declaration of Covenants,Conditions and Restrictions,Article VI 34 Declaration of Covenants,Conditions and Restrictions,Article VI 35 Declaration of Covenants,Conditions and Restrictions,Article VI 36 Owners Information Sheet, approved 1/11/90 37 Owners Information Sheet, approved 1/11/90 38 Directors Meeting Minutes, 8/14/91;Newsletter, 12/91 39 Declaration of Covenants,Conditions and Restrictions,Article VI 40 Owners Information Sheet,approved 1/11/90 41 Directors Meeting Minutes,9/30/94 and 7110/94 42 Directors Meeting Minutes, 8/10/03 43 Owners Information Sheet,approved 1/11/90 44 Directors Meeting Minutes, 9/2/90 45 Directors Meeting Minutes,l0/6/92;Newsletter, 12/92 46 Directors Meeting Minutes,l0/6/92 47 Owners Information Sheet, approved 1/11/90 48 Declaration of Covenants,Conditions and Restrictions,Article VI;Directors Meeting Minutes,7/26/92;Newsletter,12/92 49 Owners Information Sheet, approved 1/11/90 50 Owners Information Sheet,approved 1/11/90 51 Newsletter,12/95 52 Newsletter12/95 53 Owners Information Sheet, approved 1/11/90 54 By-laws,Article IV 55 By-laws,Article V 56 Amendment to By-laws, 8/7/88 57 By-laws,Article V,Section 2 58 Amendment to By-laws, 8/7/88 59 By-laws,Article VI 60 Amendment to By-laws, 8/7/88 61 Directors Meeting Minutes, 9114/93 62 By-laws,Article IV 63 By-laws,Article VII 64 Directors Meeting Minutes, 8/2/87 65By-laws,Article VII, Section 2 66 Declaration of Covenants, Conditions and Restrictions,Article V, Section 5 67 Directors Meeting Minutes, 7/17/88 68 By-laws,Article,Article VIII 69 Amendment to By-laws, Section VIII,8/31/86 70 Amendment to By-laws, Section VIII,8/31/86 71 By-laws,Article III,Section 2,3,4 and 5 72 Amendment to By-laws,Article III, Section 1,7/12/93 73 By-laws,Article V, Section 2 "Directors Meeting Minutes, 12/22/86 and 8/2/87 75 Directors Meeting Minutes, 12/14/90 76 Declaration of Covenants, Conditions and Restrictions,Article V, Section 6;By-laws,Article XI 77 Declaration of Covenants,Conditions and Restrictions,Article V, Section 6 78 By-laws,Article X - 79 Declaration of Covenants,Conditions and Restrictions,Article VIII &°Directors Meeting Minutes, 1/22/87 81 Directors Meeting Minutes, 11/9/95 82 By-laws,Article 8 i DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS This Declaration, made on the date hereinafter set forth, by the signatories hereto, hereinafter referred to as the "Declarant"; W I T N E S S E T H WHEREAS, Declarant is the owner of certain real property in the Town of Queensbury, County of Warren, State of New York, more particularly described in Schedule "I" annexed hereto and made a part hereof, NOW, THEREFORE, Declarant hereby declares that all properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions which are for the purpose of protecting the value and desirability and which shall run with the real property and be binding on all parties having any right, title .or interest in the described property, or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to Takundewide Homeowners Association, Inc. , its successors .and assigns. if EXHMIT IrC 0 i Section 2, "Owner" shall mean and refer to the record owner, whether one r or more persons, or entities, of a fee simple title to any lot which is a C part of the properties, including contract seller, but excluding those ti having such interest merely as security for the performance of an " G' obligation. Section 3. "Properties" shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 4. "Common Areas" _ shall mean all real property owned by the Association for the common use and enjoyment of the owners. The Common Areas to be owned by the Association at the time of conveyance of the first lot is described as follows: ' all of the premises hereinabove described as TTproperties" and shown on a map of Takundewide filed in the Warren County_ Clerk's Office on. T VoVI:4,g r D2-1, 1 y S- excepting therefrom the followi:ig parcels: Lots 1 through 32 inclusive, all as are shown on said map. Section 5. "Lot" shall mean and refer to any lot of land shown upon a recorded subdivision map of the properties, with the exception of the Common Areas. 11 ARTICLE II - PROPERTY RIGHTS Section 1. OWNERS' EASEMENT OF SELF-ENJOYMENT: Every owner shall have a right and easement of enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to every lot, subject to the following provisions: (a) the right of the Association to adopt, pursuant to its By-Laws, rules and regulation-s governing the use of the Common Areas and the personal conduct of the Members and guests thereon, and to establish penalties for the infraction thereof; (b) the right of the Association to suspend the voting rights and the right to use of the recreational and parking facilities by an owner for any period during which any assessment against his lot may remain unpaid, and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations; -and (c) the right of the Association to dedicate or transfer all or any part of the Common Areas to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed- to by the Members. No such dedication or transfer shall be effective unless an instrument signed by a majority of Members and their mortgagees agreeing to such dedication or transfer has been recorded. Section 2. DELEGATION OF USE: Any owner may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Areas and FRANK V. p[5An4Tl$_ ATTOPNTV at Lnw_CO PDX ?f?-RT 9- t r-Kr r,rC�R.,C erLw YfKrK VsrS facilities to the members of his family, his tenants or contract purchasers who reside on the property. ARTICLE III EASEMENTS Section I.. < L EASEMENTS FOR UTILITIES: Declarant reserves the right to r grant easements, both temporary and permanent, to all public authorities C and utility companies over any part of the Common Areas described herein. Section 2. EASEMENTS FOR ENCROACHMENTS: Each lot, and the property included in the Common Areas, shall be subject to an easement for encroachments created by- construction, settling and overhangs for all buildings. A valid easement for said encroachments and the maintenance of same, so long as such encroachments shall stand, shall and does exist. Section 3. OTHER EASEMENTS: There is hereby created a blanket easement upon, across, over and under all of the properties for ingress, egress, , installation, replacement, repair and maintenance of all utilities, including but not limited to water, sewer, gas, telephone and electricity and a master television antenna system. By virtue of this easement, it shall be expressly permissible to erect and maintain the necessary poles and other equipment on the property and to affix and maintain electrical . __._ ..and. telephone .wires and . conduits, sewer and water lines, on, above or f below any residence or land owned by any owner. An easement is hereby FRANX V C?-SANTIS- ATTO47tTV AT LAYI-PO SOX 767-RT 9-LAKIt GLOAGS: NTW VO4,S 12e-45 granted to the Association, its officers, agents and employees, including any employees of any management company having a contract with the Association, over all the Common Areas and to enter any residence to perform the duties and maintenance and repair the residence or Common Areas, and to maintain any utilities for which an easement- has been granted, and to prevent damage to any other residence. Section 4. SEPTIC COMMON AREA RESPONSIBILITIES: The Association reserves the right to maintain all Septic Common Areas as well as to maintain and repair all sewage disposal systems, through the delivery line and the force main to the leach field. The owners will be responsible to maintain and repair the sewage disposal system from their homes. ARTICLE IV MEMBERSHIP AND VOTING RIGHTS Section 1. Every owner of a lot which is subject to an assessment shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any lot which is subject to assessment. Section 2. The Association shall have one (1) class of voting membership. Members shall be all owners and shall be entitled to one (1) vote for each lot owned. When more than. orie. .person holds an .interest .in any lot, all l� such persons shall be Members. The vote for such lot shall be exercised as they, among themselves, determine, but in no event shall more than one . ...vote be-cast with respect to any lot. r-- ARTICLE V = COVENANT FOR- ASSESSMENTS Section I. CREATION OF THE LIEN AND PERSONAL OBLIGATION FOR ASSESSMENTS: . The Declarant, for each lot owned within the properties, hereby covenants, and each .owner of any lot, by acceptance of a deed --therefor, whether or not it shell be so expressed in such deed, is deemed to covenant and agree to pay to the Association: .(a) annual maintenance charges or assessments; (b) special_assessments for capital improvements; and (c) property tax assessments for all real property taxes on the Common Areas, such assessments to be established and collected as hereinafter provided. The annual maintenance, special and property tax assessments, together with interest thereon, costs and reasonable attorneys' fees, not to exceed twenty percent (20%) of the assessment, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorneys' fees, not to exceed twenty percent (20%) of the amount of the assessment, shall also be the personal obligation of the person who was the owner of such property at the. time when the I� rn . � ., .-,_r, r it .t+.,n r., „ , r• + n .. u, ., r e..r r.rr.onr r,, v.v>. . o . I assessment fell due_ The personal obligation for delinquent assessments shall not pass to his -successors in title until expressly assumed by same. Section 2. SPECIAL ASSESSMENTS FOR CAPITAL InIPROVEMENTS: In addition to the annual maintenance assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon - the Common Areas, including fixtures and personal property related thereto, provided that any such assessment shall have the consent of a majority of the Members who are voting in accordance with the By-Laws of Takundewide Homeowners Association, Inc. Section 3. NOTICE AND QUORUM FOR ANY ACTION AUTHORIZED UNDER SECTIONS 1 and 2: Written notice of any meeting called for the purpose of taking any action authorized under Section 1 or Section 2 shall be sent to all Members not less than thirty (30) days or more than sixty (60) days in advance of the meeting. Such notice shall be sent by ordinary mail to the addresses provided to the Board of Directors by each- Member., At the first such meeting called, the presence of Members who are proxies entitled to cast fifty-one percent (51%) of all of the votes of each class of membership shall constitute a quorum. Meetings may be held in the State of Florida or the State of New York. �I FRANK V t?'SA NTlS_ A=0p b4Ev AT l A _o n ra x W.7 _oT o-I AKr rna ., ..,..a,,. .e.,. S ection 4. RATE OF ASSESSMENT: Both annual maintenance and special and tax assessments must be fixed at a uniform rate for all lots. Assessments may be collected on a monthly, quarterly or annual basis. Section 5. DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS - DUE DATES: The annual maintenance and property tax, as well as any special assessments provided for herein, shall commence as to all lots upon the day following the conveyance of the lot. The first annual assessment shall be prorated according to a fraction, the numerator of which shall be the number of days remaining in the fiscal year of the Homeowners Association, and the denominator of which shall be 365. Upon transfer of title to a lot, the new owner shall deposit with the Homeowners Association a sum of money equal to the annual assessment levied upon the lot purchased, times a fraction, the numerator of which shall be the number of days remaining in the fiscal year of the Homeowners . Association, and the denominator of which shall be 365. The Homeowners Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Homeowners Association setting forth whether the assessments on a specified lot have been paid. Section 6, EFFECTIVE NONPAYMENT OF ASSESSMENTS - REMEDIES OF THE ASSOCIATION- Any assessment not paid within thirty (30) days after the due date shall bear interest after the due date at the rate of twelve percent (12%) per annum. The Association may bring an action at FR!•NX V C�5A NTIS,-A T-TCRr.7 VAT LAW-t•OnoX 767-RT 9-LAKE Grc+nr NrW V[+4K 1MA1, law against the owner personally obligated to pay the same, or foreclose -the lien against ..the property, and interest and costs, and reasonable attorneys' fees, not to exceed twenty percent (20%) of the assessment past - due, of any such action' will be added to the amount of such assessment. ..Each such owner, -by his acceptance of a deed to a lot, hereby expressly vests in Takundewide Homeowners Association, Inc. the right and power to bring all actions against such owner personally for the collection of such charges as a debt, - and to enforce the aforesaid lien by all methods available for the enforcement -of such liens, including foreclosures- by an action brought in -the name - of the Association in a like manner as a mortgage lien on real property, and such owner hereby expressly grants to the Association a power_ of sale in connection with such -lien. The lien provided for in--this section shall be in favor of the Association and shall be for the benefit of all lot owners. The Association, acting on behalf of the lot owners, shall have the power to bid for 'an interest foreclosed at a foreclosure sale and to acquire and hold, lease, mortgage and convey the same. No owner may waive or otherwise escape liability for the assessments provided . for herein by nonuse of the Common Areas or by abandonment of his lot. Section 7. SUBORDINATION OF THE LIEN TO MORTGAGES: The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any lot shall not affect the assessment �I lien. However, the sale or transfer of any lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for assessments thereafter becoming due or from the lien hereof, ARTICLE VI USE RESTRICTIONS No commercial or business activity shall be permitted upon the properties other than that of a home office utilized by a professional. No boating vessel or trailer may be parked or left on the common properties, except in an enclosed garage or in areas designated by the Association. No advertising signs shall be placed or permitted to remain on the properties, except those authorized by Takundewide Homeowners Association, Inc. No planting or gardening shall be done so as to encroach upon the neighboring property. All pets must be leashed or kept in an enclosed area at all times. No abuse of the Septic Common Area shall be allowed. ARTICLE VII ARCHITECTURAL CONTROL All residences shall be painted white.; all blinds and shutters shall be painted dank green; all roof shingles shall be a slate blend; all chimneys shall be of brick; and solid foundations are permitted. Porches may be enclosed in glass and any and all alterations or exterior changes must be submitted to the Takundewide Homeowners �f Association for its written approval. Under no circumstances shall ems' awningsx lawn ornaments be permitted. 7 'I'Ve., q e.Lvh�ES ,NAS.�FxLS j,4i.L C,j-�iY a-6 {C -r-j-G� `(ARTICLE VIII �v,v � K T-r'T�ij R«P_U:T o� INSURANCE AND CASUALTY DAMAGE jOwners shall be required to obtain and maintain in force and effect a policy of fire and other catty insurance in an amount acceptable E to the Association and with coverage adequate to cover the full replacement r cost of any repair or reconstruction work on the owner's property. —ate rbi;ll be named as an Ra ;nsai2ed Owners may enter into an arrangement whereby the Association shall acquire the fire and casualty insurance summarized in this Article and bill the owners accordingly. In the event of damage or destruction by fire or other ,casualty to any real property of the owner, the owner shall, upon receipt of the insurance proceeds, repair and rebuild such damaged or destroyed portions of the exterior of the property in a good and workmanlike manner substantially the same as the original plans and specifications of said property. If the owner refuses or fails to repair or rebuild the exterior within one hundred eighty (104) days subsequent to his receipt of the insurance proceeds, the Association may repair and rebuild such exterior. The owner must reimburse the Association for the amount actually expended for such repairs or reconstruction, and the Association shall have a lien securing such payment in the same manner provided herein for annual assessments. FRANK V.DESANTIS_ATTORNEY AT LAW-P.O.BOX 761-RT.9-LAKE GEORG_:,NEW YORK 12815 1 ARTICLE IX - GENERAL PROVISIONS Section 1. Q ENFORCEMENT: The Association, or any owner, shall have the CL right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association �y or by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. SEVERABILITY: Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 3. AMENDMENT: The covenants and restrictions of this Declaration shall run with and bind the land for a term of twenty-five (25) years from the date this Declaration is recorded, after which time, they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first twenty-five (25) year period by an instrument signed by not less two-thirds (2/3) of the lot owners, and thereafter, by an instrument signed by not less than a majority of the lot owners. Any amendment must be recorded in order to be effective. �f Section 4. ANNEXATION: Additional residential property and Common Areas may be annexed to the properties with the consent of a majority of Members. m Lo IN WITNESS WHEREOF, -, - the undersigned, being the Declarants herein and the owners of all of the outstanding common stock of QTakundewide, Inc. , as well as being the authorized representatives of Takundewide, Inc. , have hereunto set their hands and seals this day of ✓LI t , ,% 1984. Takundewide, Inc. Alger C. Mason By: John A. Mason, President Jane_ M. Mason tepYi n M. Mason 'John A. Mason .J 'James H. Mason t Robert A. Mason Richard A. Mason Lucile M. Lucas William P. Mason ---STATE -OF-NEW'-YORK ) SS: COUNTY- OF--WARREN } r On this day of December, 1984, before-me personally cache JOHN A. MASON, to me personally known, who, being by me duly sworn, did p depose and say that he resides in the City of Glens- Falls, New -York; that- he is the President of Takundewide, Inc. , the corporation described in and Cdi which executed the foregoing instrument; that he knows the seal of said corporation; -that the seal affixed to said instrument is such corporation seal; that it was so affixed by order of the Board of Directors of said corporation; and that he- signed his- name- -thereto by like o der. , A IS ofa - W gunty No. 4624004 Cozu �MtsII Expire: much 30,19A STATE-OF NEW YORK ) SS: COUNTY OF-WARREN ) On this �3_ ,A day of December, 1984, before me, the subscriber, personally appeared ALGER C. MASON, JANE M. MASON, STEPHEN M. MASON, JOHN A. MASON, JAMES H. MASON, ROBERT A. MASON, RICHARD A. MASON, LUCILE M. LUCAS and WILLIAM MASON, to me known and known to me to be the same persons described in and who executed the foregoing instrument and they duly acknowledged to me that they executed the same. RECORDED I i i Nota fl?nblWc Slate of Nc• York Warren County No. 46_'4'J04 �= i oa Expires ALUch 30,19�..{� }BAR 22 2 OS �M `�� _ �A6� •3��akl� �7(4Kih'c° rtAr.RCN 61,1UP,t.NEW` 3F: FRANK V. DCSANfS_ATTORNCY AT LAW-PO BOX T67_RT.9-L^qe G£OnGC NCW VOAK 1V%45 AMENDMENTS TO DECLARATTON_OE_COVENANTS1_99NDTTIONS_AND_RESTRICTIONS At a regular meeting of the Hoard of Directors on 12/23/86 and subsequent approval of the lot owners the following ammendments were approved; 1 ) Article V, Section 4 , should be ammended to include: The Association will maintain or contract to maintain all lawns and plantings , including those on private lands . Each lot owner will pay an equal share of the common maintenance and a proportionate share , according to square footage owned, of the private maintenance. 2) Article VI : Use Restrictions should be ammended to include: Sect -Lon_l , Dock Restrictions No boat shall be allowed in the covered dock area which extends further than the covered area. r IENDMENT TO 0 0 3 1 3 ti COVENANTS, CONDITIONS AND RESTRICTIONS WHEREAS, a certain of Declaration of Covenants, Conditions r a; rn and Restrictions relating to premises described therein and shown PP Co on a certain map entitled "Site Plan of Takundewide, Inc. " , pre- m 9 pared by VanDusen and Steves, Licensed Land Surveyors, dated December 29, 1983 and last revised September 15, 1984 , and filed . in the Warren County Clerk Office on November 28 , 1984 --- was -- duly recorded in the Warren County Clerk' s Office on March 22, 1985 in Book 669 of Deeds at page ' 362, and WHEREAS, Article IX, Section 3 of the aforementioned Declaration of Covenants, Conditions and -Restrictions provides for the amendment thereof by an instrument signed by not less than two-thirds of the lot owners which amendment must be recorded in the Office of the Warren County Clerk, and WHEREAS, at meetings of Takundewide Homeowners Association, Inc. , held on the 22nd day of December, 1986 and on the 2nd day Of August, 1987, certain amendments to the aforementioned Declaration of "Covenants, Conditions and Restrictions were presented to the membership, the Association, amendments were approved and thereafter ratified by instrument signed by not less than two-thirds of the lot owners as shown on the aforementioned map. NOW, THEREFORE, the aforementioned Declaration of Covenants, Conditions and--Restrictions is hereby amended in the following manner: 1. ARTICLE V, COVENANTS AND ASSESSMENTS, Section 4, is hereby amended by the addition of the following: In addition, the Association will maintain or contract to maintain all lawns and Plantings, including those on private lands. Each lot owner will A pay an equal share of the common maintenance and a . Proportionate cshare, according to square footage owned, of the private mainten- Cn ante. rn 2• ARTICLE VI , USE RESTRICTIONS, by addition of the c'' following: No boat shall be allowed in the covered dock area which extends further than the covered area. 3 . ARTICLE VIII , INSURANCE AND CASUALTY DAMAGE, is hereby amended by the elimination of the following language from the first sentence of the first paragraph of said article: " . . . and the Association shall be named as an additional insured. " 4 . ARTICLE VI is hereby amended by -the removal of the word "dryers" from the last sentence thereof. ' 5. The amendments referred to in paragraphs 1 and 2 above were duly adopted on December 23 , 1986 by an instrument signed by in excess of two-thirds of the owners of the lots shown on. the aforementioned subdivision map. 6 . The amendment set forth in paragraph 3- above was duly adopted at the annual meeting of the members of Takundewide Homeowners Association held on August 2, 1987 and thereafter ratified by an instrument signed by is excess of two-thirds of the owners of lots shown on the aforementioned map. 7. Annexed hereto as Exhibit A is an instrument signed by in excess of two-thirds of the owners of lots shown on the afore- mentioned map as evidence of this ratification of this amendment. IN WITNESS WHEREOF, this amendment is duly signed this day of , 1990. • m TAKUND / IDE HOMED E S ASSOCIATION, INC. by A ..C;;. President STATE OF NEW YORK) COUNTY OF WARREN )ss. : On this j'a';! day of 1990, before me personally came 'cc r sr.r fir / , to me personally known, who, being by me duly sworn, did depose and say that (0)he resides in a �* �Q s p ,V.Y that (X)he is the President of TAKUNDEWIDE OMEOWNERS ASSOCIATION, INC. , the corporation described in and which executed the within Instrument; that Wjhe knows the seal of said corporation; that the seal affixed to said Instrument is such corporate seal; that it was so affixed by or er of the Board of Directors of said corporation; and that (, he signed /i,,,s name thereto by like order. tUCILE M. }-UCAS t t4otZly Public, n, Nevr YorK / County Quahfiw:d "' ""'�`°" z2.19`d *� Notary... Public Cpmmis$10nLxPi'`5 pruary 4921450 5 • I EXHIBIT A The undersigned, being owners of lots as shown on the aforementioned Takundewide map do hereby adopt and ratify the m �o foregoing amendment to Declaration of Covenants, Conditions and Cn Restrictions. C er( s Lot Date �`- /a y /C �p 2-6 (C)ArIqO 2-7 ZE O r� a r e la a Owners Lot Date LL 12- co -) ?IJ C]7 C-j LIBER_._-___ � P,40E AHD EXAXINED WARREt(COUNTY N.Y. CARYL M. CLARK,CLEPK 91 JUN 28 AN I8: 18 WALTER O. REHM, III Attorney at Law 175 Ottawa Street Lake George, New York 12845 k_ 4 lid AMENDMENT TO DECLARATION OF 94 SEP 15 AM 10: '35 COVENANTS; CONDITION$ AND RESTRICTIONS TAKUNDEWIDE, INC. WHEREAS, a certain Declaration of Covenants , Conditions and Restrictions relating to premises described therein and shown on a certain map entitled "Site Plan of Takundewide, Inc. " , prepared x, by VanDusen and Steves, Licensed Land Surveyors, dated December Ga 29 , 1983 and last revised September 15, 1984, and filed in the Warren County Clerk's Office on November 28 , 1984, was duly recorded in the Warren County Clerk's Office on March 22, 1985 in Book 669 of Deeds at Page 362, and WHEREAS, Article IX, Section 3 of the aforementioned Declaration of Covenants, Conditions and Restrictions provides for the amendment thereof by an instrument signed by not less than two--thirds of the lot owners which amendment must be recorded in the Office of the Warren County Clerk, and WHEREAS, at a meeting of Takundewide Homeowners Association, Inc. , held on the '-7 day of July, 1994, a certain amendment to the aforementioned Declaration of Covenants, Conditions and Restrictions was presented to the membership of the association. The amendment was approved and thereafter ratified by instrument signed by not less than two-thirds of the lot owners as shown on the aforementioned map. NOW, THEREFORE, the aforementioned Declaration of Covenants, Conditions and Restrictions is hereby amended in the following manner: 1 . ARTICLE VII, ARCHITECTURAL CONTROL, is hereby amended by _ changing the last sentence so that it now reads "Under no f circumstances shall awnings or lawn ornaments be permitted. " to N) The following Language is added: "Clothes washers will only be i2 T permitted upon written approval of the Board of Directors . " CA) 2 . The amendment referred to in paragraph 1 above was duly adopted on July _22L, 1994, by an instrument signed by in excess Of two-thirds of the owners of the lots shown on the aforementioned subdivision map. 3 . Annexed hereto as Exhibit "A" is an instrument signed by in excess of two-thirds of the owners of lots shown on the aforementioned subdivision map as evidence of the ratification of this amendment. IN WITNESS WHEREOF, this amendment is duly signed this day of 1 , 1994 . TAKUNDEWIDE HOMEOWNERS ASSOCIATION, INC. BY: J STATE OF NEW YORK ) SS. : COUNTY OF WARREN } On this "77� day of , 1994, before me personally came Ltli to me personally known., who, being by me my sworn, did depose and say that ( s )he resides at that SSOC is the o that HOMEOWNERS ASSOCIATION, INC. , the corporation described in and which t) executed the within instrument; that ( s )he knows the seal of said Cn corporation; that the seal affixed to said Instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; ; and 'that ( s )he signed her/his name thereto by like order. NJ Notary Public ,kN2jL+.M.j.WAa wmlgy lblit.Stjte K ,A94",i" walitied in Saratoga Cmil"y My Commission Expires Fab. Reg. W LU492145 EDWARD J. GROGAN Attomey At Law 679 Plank Road-P.O. Box 425 Clifton Park, New York 12065-0425 T� Wx" EXHIBIT "A" The undersigned, being owners of lots as shown on the filed subdivision map of "Site Plan of Takundewide, Inc. " do hereby adopt and ratify the amendment to ARTICLE VII of the Declaration of Covenants, Conditions and Restrictions . ARTICLE VII is amended to read as follows : "All residences shall be painted white; all blinds and shutters shall be painted dark green; all roof shingles shall be a slate blend; all chimneys shall be of brick; and solid foundations are permitted. Porches may be enclosed in glass and any and all alterations or c13 exterior changes must be submitted to the Takundewide Homeowners " Association for its written approval . Under no circumstances shall awnings or lawn ornaments be permitted. Clothes washers will only be permitted upon written approval of the Board of Directors . " C.3 CO OWNER S) LOT DATE CO p, 27 3- I f rC`l C L J C S LAM 3 / 4 WARREN COUNTY CLERK RECORDING COVER SHEET EMT. INITIALS 'INSTRUMENT # NO. OF PAGES TYPE OF DOC. AMENDMENT TO DECLARATION 0 COVENANTS, CONDITIONS an S ADDTL. FEE I TOWN ADDTL. NAMES TRANSFER TAX AMT. S * MORTGAGE AMT. S CID =30 * MORTGAGE TAX # TRANSFER TAX STAMP MORTGAGE TAX STAMP * Please fill in blanks below before submitting for recording. PARTY OF THE FIRST PART TAKUNDEWIDE EOMEOWNERS ASSOCIATION, INC. PARTY OF THE SECOND PART . llllllll!lflllllllllfl!lI11! / Recording Stamp RECORDED BY Community Title Agency,Inc: . ! RETURN TO Bruce 0, Lipinski Esc : . / Bartlett, Pontiff, Stewart & Rhodes, P.C. / One Washington Street / PO Box 2168 ! � �C11 S Glen Gleng Fa3 l s. NY 12841 ! FAGE73 .4^ EXAt- HED f AP,�,1 cr�t ;1,Y. H c . CLEF.;. Upon recording, this page becomes a part of 1 the document (S3.00). / 01 001 c 2 '�`t BPS&R Form 36927 (Rev.4/30/99) / RE CODED AMENDMENT TO DECLARATION OF WHEREAS, a certain Declaration of Covenants, Conditions and Restrictions relating to premises described therein and shown on a certain map entitled "Site Plan of Takundewide, Inc.", prepared by VanDusen and Steves, Licensed Land Surveyors, dated December 29, 1983 and last revised September 15, 1984, and filed in the Warren County Clerk's Office on November 28, 1984, was duly recorded in the Warren County Clerk's Office on March 22, 1985 in Book 669 of Deeds at Page 362, and r G-� WHEREAS, the aforementioned Declaration of Covenants, Conditions and Restrictions was amended by an Amendment to Declaration of Covenants, Conditions and Restrictions dated October 3, 1990 and recorded in the Warren County Clerk's Office on June 28, 1991 in C:) Book 826 of Deeds at Page 227, and WHEREAS, Article IX, Section 3 of the aforementioned Declaration of Covenants, Conditions and Restrictions provides for the amendment thereof by an instrument signed by not less than two-thirds of the lot owners which amendment must be recorded in the Office of the Warren County Clerk, and WHEREAS, at a meeting of the members of the Takundewide Homeowners Association, Inc. ("Association"), held on the 26th day of July, 2001, certain amendments to the aforementioned Declaration of Covenants, Conditions and Restrictions were presented to the membership of the Association which amendments were approved and thereafter ratified by instrument signed by not less than two-thirds of the lot owners as shown on the aforementioned map. NOW, THEREFORE, the aforementioned Declaration of Covenants, Conditions and Restrictions is hereby amended in the following manner: 1. ARTICLE VII, ARCHITECTURAL CONTROL, is hereby amended by the deletion of the existing language in Article VI and the insertion of the following language: ARTICLE Vil Section 1. C.Qntrol By Association: Enforcement of those provisions of this Declaration pertaining to the exterior appearance of the Properties and control over any change in use or any additions, modifications or alterations to the grounds of the Properties and any exterior improvements to any buildings located on the Properties including, but not limited to homes and docks, shall be the responsibility of the Board of Directors. Section 2- AcchitecturaLContro m Committee: The Board of Directors may, by resolution duly adopted, appoint an Architectural Control Committee to consist of all of the members of the Board of Directors and two Owners who are not Board members. The Owner members of the Architectural Control Committee shall be appointed by the Board of Directors and shall serve for a term of one year or until their successors are annually appointed at the first meeting of the Board of Directors following the end of each fiscal year of the Association. Such Architectural Control Committee shall have and may exercise all of the powers of the Board of Directors in the administration of the provisions of Article Vll herein. In the alternative, the Board of Directors may designate itself as the Architectural Control Committee and in such event, the number of members of the Architectural Control Committee shall match the number of members of the Board of Directors authorized by the By-Laws of the Association. A minimum of a majority vote of the members of the Architectural Control Committee is required in order for any plans to be approved by the Architectural Control Committee. Section NoSubmissi n of Plans: exterior addition, modification or alteration shall be made on the grounds of the Properties or to any buildings located on the Properties, including but not limited to homes and docks, unless and until a plan or plans therefor, in such form and detail as the Architectural Control Committee may require, shall have been submitted to, reviewed by and approved in writing by the Architectural Control Committee. Such approval shall be effective for a period of two (2) years from the date of the approval. Re-application for approval shall be required if the two-year period expires without commencement of the approved change. Furthermore, all approvals received prior to the date of this amendment shall expire in two years from the date of this amendment. The Architectural Control Committee may charge and collect a reasonable fee for the examination of plans submitted for review, including any fees and reasonable expenses which may be charged by architects, engineers or attorneys retained by the Board in connection with the review of such plans. The Architectural Control Committee shall advise the Owner in writing within sixty (60) days of receipt of completed plans of the Architectural Control Committee's decision. Notwithstanding the above, the Architectural Control Committee shall have the right to designate specific architectural plans as being pre-approved for use by Owners. Use of any of said pre-approved plans shall be automatically authodzed without further approval. However, any deviation from said pre-approved plans shall require approval pursuant to this Article. t�U SQc#ion 4. G� Basis for Recommendation of Disap'proy�f Pis. The Architectural Control Committee may disapprove of any plans submitted for any of the �-►. following reasons: tv a. failure of such plans to comply with Covenants and Restrictions contained in this Declaration; b. failure to include information in such plans as reasonably requested by the Architectural Control Committee; C. objection to the plan, exterior design or appearance of materials of any proposed improvements, including without limitation, colors or color scheme, finish, proportion and style of architecture; d. incompatibility of proposed improvements or use of proposed improvements with existing improvements or uses within the Properties; e. failure of the applicant to famish proof that insurance in the form and amount satisfactory to the Architectural Control Committee has been obtained and will be maintained for the appropriate period of time by the applicant; f. failure of proposed improvements to comply with any zoning, building, health or other governmental laws, codes, ordinances, rules and regulations; or g, any other matter which, in the reasonable judgment of the Architectural Control Committee, would render the proposed improvement or use inconsistent or incompatible with the general plan of improvement of the Properties, including any possible adverse impact on the use and enjoyment of the Properties by the Owners or occupants. Sections. In any case where the Architectural Control Committee disapproves the plans submitted, the Architectural Control Committee shall so notify the applicant in writing, together with a statement of the grounds upon which such action was based as set forth -„� in Section 4 hereof. In any such case, the Architectural Control ram' Committee shall, if requested and if practicable, make reasonable efforts to assist and advise the applicant so that acceptable plans can be prepared and re-submitted for approval ,p G.� Sections. Failure of Ambilec,tural Control Committee to Act. If any applicant has not received notice from the Architectural Control Committee approving (including qualified approval) or disapproving any plans within sixty (60) days after submission pursuant to Section 3 hereof, said applicant may notify the Architectural Control Committee in writing of a demand for a decision on the plans submitted. Such notice shall be sent by certified mail, return receipt requested to the Association office. The plans shall be deemed approved by the Architectural Control Committee twenty (20) days after the date of receipt of such notice by the Board of Directors, if no decision is rendered by the Board of Directors within said twenty (20) day period. Sectio�. Liability. No action taken by the Board of Directors or any member of a committee, employee or agent thereof, shall entitle any person to rely thereon, with respect to conformity with laws, regulations, codes or ordinances, or with respect to the physical or other condition of any building or other portion of the Properties. Neither the Association, the Board of Directors, nor any member, committee member, employee or agent shall be liable to anyone submitting plans to them for approval or to any Owner or any other person, in connection with a submission of plans, or the approval or disapproval thereof, including without limitation, mistakes in judgment, negligence or nonfeasance. Every person or other entity submitting plans to the Architectural Control Committee agreed, by submission of such plans to defend, indemnify and hold harmless the Association and the Board of Directors (or any officer, member of a committee, employee or agent thereof) from any action, proceeding, suit or claim arising out of, or in connection with, such submission. Section S. Architectural ComplIanre, Certificate. Upon written request of any Owner, Mortgagee, lessee, licensee or title insurer (or any prospective owner, Mortgagee, lessee, licensee or title insurer) of a Lot or other portion of the Properties, the Architectural Control Committee shall, within fifteen (15) days, issue and furnish to the person or entity making the request, a certificate in writing ("Architectural Compliance Certificate"), signed by an officer of the Board of Directors stating, as of the date of such Certificate, c whether or not the improvements on a Lot or other portion of the Properties or any improvements thereon, violates any of the provisions of the Declaration pertaining to exterior appearance, design or maintenance and describing such violations, if any, and stating whether such violations ,ta are grand fathered. A reasonable charge, determined by the Board of Directors, may be imposed for issuance of such Architectural Compliance Certificate. Any such Architectural Compliance Certificate, when duly issued as herein provided, shall be conclusive and binding with regard to any matter therein stated. Section 9.- Complp,tiQn of Work by the Board of Directors. In the event the Board of Directors deems it necessary to complete work previously commenced by an Owner, or to otherwise protect the appearance, value or structural integrity of the Properties or improvements thereon, the cost for the completion of such work shall become a binding personal obligation of any Owner and an additional Assessment payable by such Owner which shall become a lien against his Lot, subject to the provisions of Article V herein. Section 10. Exterior Restrictions. All further exterior additions, modifications or alterations to buildings on and the grounds of the Properties shall be in compliance with the following restrictions: a. All residences shall have a white exterior of clapboard or horizontal siding 7 to 9 inches in width. b. All windows shall be shuttered with dark green shutters. C. All roof shingles shall be a slate blend. d. All chimneys shall have a slope of stepped brick, stepped flashing and a brick veneer except the structure on Lot#32 which may have a stone chimney. e. Foundations shall be solid or skirted piers. f. Porches may be enclosed in glass or screened. l� g. All awnings and lawn ornaments shall be prohibited. C.� m a h. Air conditioner cutouts in walls shall be prohibited except in structures containing air conditioning cutouts as of the date of this Amendment. Window unit air conditioners are acceptable. i. Clothes washers shall be prohibited in residences unless written approval is obtained from the Architectural Control Committee, which must determine that the existing septic system serving said residence is of a sufficient design capacity to handle the additional flow. Section 11. . Construction-Restrictions. All construction activity on any Lot, including adjoining Common Areas, shall be in compliance with the following restrictions: a. Machinery or loud construction noise shall be prohibited between May 1 5th through October 1 5th and any day of the year between 5:00 P.M. and 9:00 A.M. Notwithstanding the foregoing, machinery or loud construction noise shall be allowed if absolutely necessary. b. All contractors doing business on any Lot, including adjoining Common Areas, shall: (i) prior to commencing work, file a certificate of insurance with the Association office, which certificate shall name the Association and the applicable Lot Owner as additional insureds, and (ii) conform their language and behavior to the family atmosphere of the Association. C. Owner shall restore the Common Areas and any other property disturbed by construction to its original condition. d. The Lot and Common Areas shall be inspected prior to construction and after completion of construction by one or more of the directors, the Lot Owner and the Association Manager who will inform Owner of the repairs necessary to restore the Common Areas to their original condition. If the Owner fails to repair said Common Areas, the following shall occur- (i) The Association shall notify Owner in writing that the Association will repair the Common Areas. (ii) The Owner shall reimburse the Association for the amount expended-for repairs or reconstruction. (iii) The Association shall have a lien against the Owner's Lot securing such payment for repairs in the same manner provided herein for �a annual assessments. 2. Annexed hereto as Exhibit A is an instrument signed by in excess of two-thirds of the owners of lots shown on the aforementioned map as evidence of this ratification of this amendment. IN WITNESS WHEREOF, this amendment is duly signed this _/S day of L7 T��e, 2001. TAKUN©EW E HOMEOWNERS ASSOCIATION, INC. By: �� President STATE OF NEW YORK } )SS.: COUNTY OF } On the js ay of in the ye r 2001 before me, the undersigned, a notary public in and for said state, personally appeared _ __d,,�j (�1 .'a , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the i mart. Public tll�ly c v l'•'.' JUorTH CASSIER :R NOTARY PUBLIC,State of New Yorfc ' � ' �. OT Qualified in Saratoga Count N o. o t CA4805489 �. �•'� Commission Expires Jan.31,. _ ;{� ' & C EXHIBIT A The undersigned, being owners of lots as shown on the aforementioned Takundewide map do hereby adopt and ratify the foregoing amendment to the Declaration of Covenants, Conditions and Restrictions. Owners LOA Date D L � a 711� o Ic 1 7 Z6 a wners LQt Rate z7 ago �3 -7 a o �zf r.; �r 1 uT f 1225M September 10, 2003 <FirstName» «LastName» <<Homeaddress>> <<City», «StateOrProvince» «PostalCode>> Dear«FirstName>>; Your Association, the Lake George Park Commission, the Town of Queensbury and most responsible environmental groups feel that septic systems should be pumped out and inspected annually. In response to this, the management company will be making a service available each fall. If you request, we will uncover the access hole (or entire lid in the case of metal tanks),pump the tank and truck away the contents, inspect the intake and outtake, recover the tank and bury. We are currently setting up these pump-outs and the charges are as follows: Sealed concrete tank- access hole......................$280.00 Metal tank - no access hole.................................$280.00 Grease traps - cesspools......................................$140.00 This is an important service in order to avoid costly repairs or replacements. Please return the bottom of this letter today so that we can schedule all pump-outs together. Better yet, send an email to me at wmason(acapital.net. The rates quoted are based on group savings. Sincerely, Bill ---------------------------------------------------------------------------- <&irstName» «LastName>> Date: ❑ Yes, please pump the tank/trap ❑ No, do not pump at this time HAROLD BERGER CONSUI_T3NG ENGINEER PO Box 03 CL;PION PARK NEW YORK 72065 (5(8)373.9860 March 11 , 2003 Craig MacEwan, Chairman Town of Qusensbury Planning Board 742 Bay Road Queensbury, NY 12804 RE_ T'A CJNDE6vI.DE - Engineer ' s Comme__ns fcr Master Plan Denr Chairman- Mac:Ewa : L have been retained to address certain issues raised in a =crier from the Town of Queenbury Planning Board dated January 31 , 2002 . The folicviing carr!menL-ary corresponds tc the Queenbury 1�;Ter i numbex ing : 6 _ The water system capacity is determined by the capacity of to limiting treatment segment, which in this case is the ft, jnZati0i-I system . That system is capable of treating 32 gallons per minute o_n a continuous basis . Considering that there are ' , = '^ w i bate- 1 a day: the resulting maximum capacity of the water �s vtov is 1 ; 440 x 32 or 46 , 080 gallons per day. The current average daily ass is 5 , 15C gallons per day. ThGrnfore, the system does ;lava the wPHbility of producing over eight times the current averaa ?wl l y usage. The system has recently been upgraded to comply witG, c.:irrcnt NYSDOH and USEPA standards . The addition of a complete filtration .system capable of removal of particles down to 1 micron haS W;=4 added and in conjunction with an ultra-vicict disinfeczic syotam - combined with chlorination p,rov i ees an extremely high quality iin.is led water product. Them are a total of fire filtraticr_ _..it,, or. line all of which are pr e:3s-ure filters . The sys.—m pr.eceeds the chlorination injection system to provide total disinfection and a 1 , 000 gallon gravity storage tank providc:.s detention time prior to entering the distribution system. Tais system ha been 100 parcent operational for over one year and is doing an excellent job. 11 . Water consumption for design purposes is based upon the number of bedrooms in a given residence. There is no distinction in this. number for seasonal use . The standard figures of 150, 130 or 110 gallons per bedroom are recommended by the State Health Department for given scenarios . For example, in the case of Takundewide, it would be appropriate to use the 110 gallons per bedroom figure since exterior water use is truly minimal . For a typical 2 bedroom home, the design basis would, therefore, be 220 gallons per day. in reality, the amount of water used at Takundewide is just over 161 gallons per home. This is based on the average daily consumption figure of 5 , 150 gallons . This is probably more than actually used since the number does contain usage by the laundromat and lawn watering. If each home were to Craig MacEwean, Chairman March 11 , 2003 p. 2 expand to 4 bedrooms, including the 5 bedrooms in the main lodge, the anticipated water use would be between 14 , 190 and 19 , 350 gallons per day. Since the capacity of the system is 46, 080 gallons per day ( 6 . above) , the existing system has well over double the capacity required f.o- full buildout. 15 . Sewage disposal systems are known to perform satisfactorily for man,,, years it properly des- geed and installed. A!"clagh there is really no sure way to visually observe sewag e treatment systems in action, since the components are buried below the ground surface, there are several indicators that can be used to determine whether or not a sewage system is operating properly. Septic tank care is vital to the continued proper operation of a sewage disposal system. Frequent pumpouts and observation when pumped of the tank and baffles condition is very important. Other ways to evaluate the performance of a subsurface sewage treatment facility are : absence of pooled or accumulated effluent on the ground surface; lack of pluggage and free flushing capability within the home; lack of sewage odors; lack of positives for E-coli samples taken at the beach area . The non-existence of waste disposal problems is an indicator that the sewage disposal system is properly operational . I have inspected these systems and find that they all appear to be in satisfactory operating condition. (SEE ATTACHED TABLE FOR DATA) 16 . Enclosed, herewith is my letter report dated October 12 , 2001 in which we did an evaluation of soil at the Takundewide site consisting of percolation and deep hole testing. Other conditions relating to sewage disposal systems were also evaluated and discussed. 17 , 18, 22 . The designation of 50 percent of the disposal footprint area in addition to the footprint of the actual disposal field is the recommended method to provide expansion area for a household sewage system in the event there is a system failure . Usually, reconstruction of failed secondary systems in place is possible, but the expansion area concept is a good one should this not be feasible. In the report completed in 2001 in which observation of areas known to contain sewage systems, there is indication that no signs of failures were observed at Takundewide. Enlargement of any given system in the event of an addition should be on a case by case basis. More than ample space is available and system enlargement should be based on current standards and requirements . The current water consumption figures give a real indication of future water use. Suttle changes at the facility will have very small impacts on this usage. Fill Craig MacEwan, Chairman March 11 , 2003 p. 3 material for any system improvement must also be dealt with on a case by case basis. Most of the soil is suitable for conventional . sewage disposal and would need no fill. However, in cases where regrading would be necessary, such regrading would be in a manner �;a` would. be aestheti cal ly pleasing and would blend -in Z, natural :Wanner. 19 . Any sewage disposal system work necessary as a result of system repair, modification, or expansion would be designed by me or other licensed professional engineer with considerable experience in the analysis , design and construction of sewage disposal systems . The Town of Queensbury, being in Warren County does not have a county health department. There is no program or responsibility for individual sewage disposal systems review and approval in the counties that are under the -Jurisdiction of District Offices, like the one in Glens Falls . For sewage disposal systems under 1 , 000 gallons per day, the responsibility of review and approval by the individual -- town building department. However, for sewage disposal system of 1 , 000 gallons per day and larger, the SPDES issuance responsibility lies with the New York State Department of Environmental Conservation. In the event a communik_v sewage disposal system Were tO be built for Takundewide, the requirement of NYSDEC would have to be met. 24 . At the present time there does not appear to be any basis or ustification to provide a community sewage disposal system. in fact, the outcome of our 2001 eng. ineerinz study indicated that the more porous sails were in. the Vicinity of the existing homes , not in the vacant area at the rear of the property. In the event such a system were ever needed, it would most likely be designed for buildout or an estimated 9 , 100 gallons per day. Such a system would require an area estimated to be about 3 acres in size. Since this vacant area is 7± acres , the exact location and type of system used would be determined at the time of design and would comply with all NYSDEC standards and requiremnents . The system would most likely be a raised system since the soil in the area in question is marginal for sewage disposal . At an application rate of 10 minutes to the inch, a total of 5, 055 lineal feet of two foot wide trench would be required. This would involve use of 5 fields of 1 , 000 lineal feet and would require the importation of some 9 , 000 cubic yards of select fill . Such a r disposal system would cost in excess of 100 , 000 dollars to construct and would be less reliable than the systems now in use. It would also seem impractical to rely on a treatment system with a surface discharge, being in the Lake George drainage basin. 25 -- 26 . The construction of second stories on any building will Craig MacEwan, Chairman March 11 , 2003 p . 4 not increases the footprint ( impervious ) area of the building. Therefore, the net increase in runoff or runoff rate resulting from such activity will have no effect on the amount of storm water generated from the site. The site, being 90 . 7 percent per,rious soil acts naturally to contain runoff from storm- water events. The history of the site in times of significant rainfall intensity gives assurance that the position taken is sound. Res_ectfull yours , Harold Berger, tF. cc : Takundewide Homeowners ' Association, Inc. HAROLD BERGER CONSM-TING ENGINEER P.O_EIOX 513 CLIFTON PARK.NEW YORK 12065 (51B)373-9B60 MEMO March 11 , 2003 To: Takundewide Homeowners -) Association Subj ; Sewage System Area Conservatively, a typical sewage disposal system area for a iD-�.al system, which most of the units would qualify for if stwndrwcti , would be 300 lineal feet of the trench in a 6 lateral by 50 feet long layout. This would cover an area 50 x 32 feet plus 50% expansion. The block should be 50 x 50 for the typical 3 bedroom application. For two bedrooms I would reduce it to 50 x 44 feet. The square footage would then be 2 , 500 and 2, 200 square feet respectively. The community sewer is quite a different situation. The soil we, found was not as good as the soil in the lower areas and we would have to design a large disposal field in the raised system format. For a design basis of 35 two bedroom units, or 70 bedrooms at 130 gallons per day per bedroom the design flow would be 9 , 100 gallons per day . The required basal area for this flow is determined- by dividing the flow by 0 . 2 gallons per day per square foot, or 45 , 500 square feet. Such a system would involve the use of multiple disposal beds and would require a 100 percent expansion area. You can see that the secondary disposal field would take up an area of about 250 feet square and the expansion area a similar area. The total is 125 , 000 square feet ( 250 x 250 twice) , or 2 .87± acres . HB FROM : HP?OLP BERGER, P.E. FAX ND. : 3T9860 Mar. 01 2003 12:4SPM P5 HAROLD BERGER CCNSULTING,ENGINEER PO apx=r3 CLIP-TON PARA.NEW YOOK 120n5 �518)37]-485C October 12, 2001 William Mason Takundewide Cottages P.O. Box 85 Cleverdale, NY 12820 RE: Utility Service at Takundewide Dear Mr. Mason: On October 11 , 2001 1 conducted an evaluation for potential for improved sewage disposal facilities at Takundewide Cottages. We also established the following facts about your facility: . T4- -�' re 32 ZP,div'dua1_l ; owned saasor,al/year �vLrd hcues on 21 acres. 2 . The water supply for the project is provided by a central system that uses as its source, Lake George. The system is about to be improved as per direction of the New York State Health Department_ This will be commented upon: further in this letter. 3 . Sewage disposal is achieved by means of individual sewage systems for each dwelling unit. Systems date back as far as 1953. The majority of the systems are not that old and consist of Septic tanks and the fields. In recent history only one failure has occurred and that was in 1993 . The system was rebuilt according to modern day standards and has operated properly ever since. Additionally, a survey of the grounds at Takundewide clearly demonstrated the lack of any visable system failure or malfunction. Overall system performance has been superb. During our evaluation, soil testing was conducted to determine the adequacy of soils on the property to accept expanded sewage disposal systems for the purpose of enlarging homes, should that be desired, in general, with specific concentration on the potential for the expansion of Lot 25 from a two bedroom cottage to three. bedrooms. This would be achieved by adding a second story to that cottage. Expansion this way has been achieved at other units in the past. Our soils evaluation consisted of a series of deep hole and Percolation tests at lot 12, lot 25 and the vacant area near the tennis caurts. The results of that testing is enclosed. The testing indicates that the soil in the area is fairly consistent in makeup and that there is from 36 to 42 inches of usable soil which overlays a mottled silty clay material.. The upper portion of the soil is highly conducive to the acceptance of septic tank effluent. The expansion of existing systems would require the addition of 12 inches of fill material to enable the system to adhere to NYSDOH guidelines which require a minimum vertical FP.ON : NARCLD RERGER, P.E. FpX No_ : 3739850 [lar. el 2©03 12:.:,'-r' r William Mason October 12, 2001 p. 2 separation of 24 inches between system bottom and impervious soil . In the case of lot 25, the addition of one bedroom would require the addition_ of 81 lineal feet of the line. This is based upon the 11 - 15 minute sewage application rate of 0 .8o gallons per square .foot per day since the obtained percolation rate for that 10 t was 10 minutes_ My recommendation would be to evaluate the distribution box and either replace it or use the existing one and install the 81 feet of lateral in two equally sized lines, making certain that all applicable separation distances are met_ The addition of 12 inches of fill would be required also. Actually, this concept could be used for the expansion of any cottage in the project, should it be desired to do so. Separation from water supplies in not a concern at Takundewide since you have the benefit of the central water system. That system, which you are about to improve, uses water from Lake George and has the potential certainly to handle all additions that may be desired. The improvements will consist cf filtration and additional disinfection equipment to enable your facility to comply with the requirements of the Safe Drinking water Rule promulgated by the United States Environmental Protection Agency and enforced by the state Health Department.. The improvement will provide a more palatable product while also assuring the bacteriological quality of your surface water supply. Please contact me should there be any question in this matter_ Sincerely yours, Harold Berger, P.E. encl: FRGM : HAPD!D BERGER, P.E. FAX NO. 3739860 Mar. 01 200- 12:4 7 FN P7 PERCOLATION TEST RESULTS TEST NUMBER. LOT NO, DEPTH STABILIZED RESULT in 1 12 inches er one inch drop 24 2 4d min. 25 29 10 min. 3 sacant area 24 30 min. DEEP TEST HOLE RESULTS VEST HOLE NO. LOT NO. RESULTS 1 12 0 - 9" Topsoil _ 42'. Coarse brown sand w/traces of clay 42 - 70" Mottled clay w/sand No ground water 2 25 0 - 181, Topsoil ' 8 - 39" Loamy br. sand w/silt 35 - 67" Loamy silty clay No ground water No Mottling 3 vacant area 0 - 8" Topsoil 8 - 36" Loamy fine silty sand 36 -- 65" Clay No ground water Mottling at. 90" Soil testing was conducted on October 11 , 2001 by Harold Berger, P.E. and William Mason. Deep holes were excavated by rubber- tired backhoe. Takundewide boat slips and moorings 1 Seneca Drive John Forbes Mooring 4 20 West Shore Drive Pennington NJ !8534 2 Seneca Drive Steve and Ann Mason C-1 (31') 2725 Pemberton Houston TX 77005 3 Seneca Drive Gene and Cissy Smith C-4(32') 907 State Route 149 Lake George NY 12845 4 Onondaga Drive Bill and Lynne Mason C-12(31') 78 Coolidge Ave. Glens Falls NY 12801 5 Onondaga Drive John and Stephanie Mason C-2(31') 50 Horicon Ave. Glens Fails NY 12801 6 Onondaga Drive Jerry and Lu Lucas C-7(32') 176 Nelson Ave. Saratoga Springs NY 12866 6 Onondaga Drive Jerry and Lu Lucas U17(26') 176 Nelson Ave. Saratoga Springs NY 12866 7 Onondaga Drive Bob and Anne Mason C-10(32') 400 Martindale Rd. Shelburne VT 05482 8 Onondaga Drive Jamie and Sheila Gregg C-11 (31') 672 New Haswinton Torrington CT 06790 Road 9 Onondaga Drive Jack and Janet Hickey U-7(24') 5 Waldron Lane Troy NY 112180 10 Seneca Drive Dick and Moko Mason C-5(32') 15-8 Ikenoue Cho Kagoshima City JAPA 00892 11 Onondaga Drive Bill and Bonnie Werther C-9(32') 315 Colonel Thomas Bluffton SC 29910 Heyward Rd. 12 Seneca Drive Jim and Debbie Mason C-3 (32') 27 Old Assembly Point Lake George NY 12845 Rd. 13 Tuscarora Drive Sam and Jeanne Lightbody U-12(20') 1045 The Parkway Mamaroneck NY 10543 14 Seneca Drive George and Walker U-6(24') 31 Underwood Drive Saratoga NY 12866 Lucienne 15 Tuscarora Drive David and Lisa Paplanus U-3(24') 1033 80th St. Brooklyn NY 11228 16 Cayuga Drive Mary Boyle U-1 (24') Mason Lane-PO Box Slingerlands NY 12159 485 17 Cayuga Drive Bob and Janet Kristel U-9(20') 212 Mohawk Trail Niskayuna NY 12309 18 Cayuga Drive Jim and Debbie Mason U-13(20') 27 Old Assembly Point Lake George NY 12845 Rd. 19 Cayuga Drive Jerry and Lu Lucas Mooring 1 176 Nelson Ave. Saratoga Springs NY 12866 20 Cayuga Drive Mike and Jeannie Dennis U-0(30') 221 Peters Road Gansevoort NY 12831 21 Cayuga Drive Dick and Moko Mason U-14(20') 15-8 Ikenoue Cho Kagoshima City JAPA 00892 22 Cayuga Drive Steve and Ann Mason U-10(20') 2725 Pemberton Houston TX 77005 23 Oneida Drive Richard and Alice Chase U-4(24') 41 Glenmere Drive Chatham NJ 07928 24 Oneida Drive Bifl and Linda Nizolek U-11 (20') 8 Erinn Court Gansevoort NY 12831 25 Oneida Drive Bill and Linda Nizolek U-15(20') 8 Erinn Court Gansevoort NY 12831 26 Cayuga Drive John and Stephanie Mason U-16(20') 50 Horicon Ave. Glens Falls NY 12801 27 Tuscarora Drive Dan and Diane Frazier U-2(24') PO Box 143 Cleverdale NY 12820 28 Tuscarora Drive Bob and Anne Mason Mooring 2 400 Martindale Rd. Shelbume VT 05482 29 Tuscarora Drive Frank and Debbie Gabrielsen U-5(24') 1042 80th St. Brooklyn NY 11226 30 Cayuga Drive Michael and Judith McMahon U-8(24') 52 Westbury Ave. Staten Island NY 10301 31 Seneca Drive Matt and Joan Smith C-8(32') 137 State Street Saratoga Springs NY 12866 Mainhouse Bill and Lynne Mason C-6(32') 78 Coolidge Ave. Glens Falls NY 12801 Common Property Takundewide Mooring 3 Association 40 Boathouse Road Cleverdale NY i2820 ASSIGNMENT OF DOCK SPACE S� FOR VALUE RECEIVED, Takundewide Homeowners Association, Inc. a New York not-for--profit corporation with its principal office for the transaction of business located in Cleverdale, New York, (the "Assignor") , does hereby assign unto of (the "Assignee" ) , dock or mooring space as shown on a certain map entitled "Site Plan of Takundewide , Inc . " prepared by VanDusen and Steves, Licensed Land Surveyors, dated December 29 , 1983 and last revised on Seotember 15 , 1984 , which map was filed in the warren County Clerk ' s Office on November 28 , 1984 . The docJ< or mooring space assigned hereunder is reserved exclusively for the use and enjoyment of the occupants of Lot No . as shown on the aforementioned map and is nonassignable without the express written consent o-1 the Takundewide Homeowners Association , Inc . , although no such consent is required in the case of tenants actually occupying the cottage located upon the lot referred to above . This assignment and the use and enjoyment of the dock or mooring space assigned hereunder is subject to the provisions of all applicable By-Laws and Rules and Regulations of Takundewide Home- owners Association, Inc . and is further subject to a certain Declara- tion of Covenants , Conditions and Restrictions dated December 23, 1984 and recorded in the warren County Clerk ' s Office on March 22 , 1985 in Book 666 'of Deeds at page 362 , and to all applicable amendments to said By-Laws , Rules and Regulations and Declaration of Covenants, R .Conditions and Restrictions. IN WITNESS WHEREOF the Assignor and Assignee have signed this document this day of , 198 . TAKUNDEWIDE HOMEOWNERS ASSOCIATION, INC. By: Vice President Assignor (Assignee) (Assignee) i STATE OF NEW YORK ALA= G EORG E PARS COMMISSION oil , 75 Fort George Road, B.O. Box 749 { Lake George, New York 12845 TEL(518) 668-9347 FAX(518)668-5001 f CEL5101? BRUCE E.YOUNG MICHAEL P. WHITE Chair Executive Director 5 August 2003 William Mason Takundewide Homeowners Association Boathouse Road, Box 85 Cleverdale, New York 12820 RE: Takundewide Homeowners Association Dear Mr. Mason, Thank you for your assistance in our review of the application of Commission regulations to activities at Takundewide. Based on our review we understand that the Takundewide Homeowners Association is comprised of 5 separate lakefront lots and 28 non-lakefront lots. There are 42 berths available (38 on docks and 4 moorings) on the common area (parcel 240.05-1-13). There are 32 residential units, each with exclusive control and use of a designated berthing slip. This use is a deeded right aligned with their ownership of a home on the Takundewide property. A dock or dock complex utilized in this manner meets the Commission's definition of an association dock (6NYCRR 645-2.1(d).. Whenever a dock is used as a berthing place for vessels not registered to the owner of the dock this use is defined in our regulations as a marina. A single slip under such use is a Class B marina. The berthing of more than one boat not registered to the owner of the dock is defined in our regulations as a Class A marina. Class A and Class B marinas are commercial docks subject to commercial fees. An exception to this would be the use of the dock as part of a single family residential rental of a residence. A dock under the exclusive control and ownership of a homeowner that is used to provide berthing for a vessel not registered to the owner of the dock or an overnight guest staying in the associated residence must be registered with the Commission as a Class B marina and is subject to commercial dock fees for the length of dock comprising this slip. Since the slips are in the exclusive control of the individual homeowners, the obligation for registering and paying the commercial fees is that of the individual homeowners. We want to acknowledge your assistance in notifying members of the Association about these requirements. We have received fourteen Class B marina registrations for slips at Takundewide together with the commercial fees for those slips. This does not affect the registration fees applicable to the slips maintained as association slips. Page 2 of 2 5 August 2003 William Mason The Commission on its own volition or on a complaint may investigate whether the services required to be provided as part of a Class B marina are present. However, we are informed that restroom facilities and parking and trash removal are provided by the Homeowner's Association for common use. At this juncture, our review indicates that the facility is in compliance with the Commission's regulations. Sincerely, Michael P. White Executive Director MAUserlmoily112003 miscltakundewidempd cc: Molly Gallagher Town of Queensbury � l alb car en anw z ayAsca e Nw,wT,,,ren. 361 Ridge Road m Queensbury - NY 12804 5I8-742-6533 August 14, 2003 Town of Queensbury 742 Bay Road Queensbury, NY 12804 Re: Takundewide 40 Boathouse Road Cleverdale Takundewide Homeowners' Association hires Mead's Nursery to apply Weed `n Feed once a year on the lawn area. On June 2, 2003 David Bullock sprayed 500 gals Triamine Broadleaf Herbicide plus fertilizer. 500 gals mixed 2.5 gals concentrate. The EPA registration number of Triamine is 228-178. Mead's applicator business registration 4 is 00265. Sincerely, Dick Mead MICRO-INJECTIONS — BRACING PRUNING CABLING �-�- Free Care by Stan Hunt, Inc. PRUNING REMOVALS SPRAYING_, 53 BOULEVARD QUEENSBURY, NY 12804 DIAGNOSIS CONSULTATION (518) 793-0804 Toll Free: 800) 734-0805 FERTILIZATION - STUMP REMOVAL Fax: (518) 798-4320 LAWN PROGRAMS E-mail:treecare4�?supersor.net — www.treecarebystanhuntAMguSt 15, 2003 Mr. William Mason Takundewide Homeowners Assoc . , Inc . P.O . Box 85 Cleverdale, NY 12820 Dear Bill , This letter is to outline our company' s annual serviceF on your property at Takundewide . We use only New York State registered products ; it is all we can use . In spraying your evergreen tree, we use an oil mixed at 20 . This is a horticultural oil and is not a poison . When we spray your buildings ' exteriors, the insecticide, Astro, mixed at . 5% is used. It is directed under the eaves for use against wasps and bees and under the foundation siding interface for use against ants and spiders - The total quantity of oil on a typical spray would be 32 ounces and 25 gallons of water. During a typical house spray the total quantity of Astro would be 6 . 4 fluid ounces in 4 gallons of water per house - I hope you will contact me should further questions arise . Yours truly, i � z Jades W. Hunt President JWH/ddw