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Cerrone Final Submission
Hutchins Engineering PLLC 169 Haviland Road Queensbury, NY 12804 Phone: (518) 745-0307 Fax: (518) 745-0308 November 14, 2022 Chairman Traver and Planning Board Members Town of Queensbury 742 Bay Road Queensbury NY 12804 Re: Cerrone Builders – Upper Sherman Avenue Subdivision – Queensbury Subdivision – Preliminary Subdivision Plan Tax Map ID: 301.18-2-1 Dear Chairman Traver & Planning Board Members: Please find attached our submission for Final Subdivision approval for the Cerrone - Sherman Avenue Subdivision located on the north side of Upper Sherman Avenue between Lambert Drive and Algonquin Drive. Cerrone Land Holdings has finalized the purchase of the parcel from The City of Glens Falls after the last meeting which Preliminary Subdivision approval was granted by the Planning Board. We revised the previously submitted plans with the following items: 1. We have responded to the 9/26/22 Town Engineer comment letter and made revisions as noted in our response letter which is attached to this submission. 2. We have combined the previously submitted Pocket Park Plan with a Slope Flattening & Erosion & Sediment Control Plan for the Park Area which depicts work to be done in this area. 3. We have addressed the staff comments included on the presubmission form with the following responses or revisions: a. We have included draft HOA documents for review and comment of Planning & Zoning staff. b. We have added notes on drawing S-1 that the HOA parcel will be owned and maintained by the HOA and that it shall be delineated as a single parcel number with Warren County Clerks Real Property Office. c. We included clearing limits for the walking path in the park area. (See plans S-3, S- 12 & S-14. d. We have noted on drawings S-3 & S-12 that Lots 22-25 are proposed to be walk-out basements or basement garden window design. e. We have addressed the 11-14-22 email comments by the Water Superintendent Chris Harrington regarding the water line details on drawing S-8. We look forward to discussing the project at the next available planning board meeting. Please find enclosed a completed application and plans for Final Stage Subdivision approval.. Best Regards, Thomas R. Center Jr., P.E. Enclosures Hutchins Engineering, PLLCCERRONE - SHERMAN AVENUESUBDIVISIONCOVER SHEETUPPER SHERMAN AVENUETOWN OF QUEENSBURYWARREN COUNTYNEW YORK STATETAX MAP # 301.18-2-1FINAL SUBDIVISION SUBMISSION:DECEMBER 15, 2021REVISED JULY 13, 2022REVISED NOVEMBER 14, 2022DRAWING LIST:SURVEYSS1 - SUBDIVISION PLAT W/TOPOGRAPHYENGINEERING PLANSS2 -LAYOUT PLANS3 - GRADING PLANS4 - UTILITY PLANS5 - SEPTIC DETAILSS6 - STORMWATER POLLUTION PREVENTION PLANS7 - ROAD PROFILESS8-ROAD & UTILITY DETAILSS9- SW GRADING PLANS10-NW GRADING PLANS11- NE GRADING PLANS12-SE GRADING PLANS13- EROSION & SEDIMENT CONTROL PLANS14- ES&C PARK AREA & POCKET PARK PLANLOCATION MAPSITE LOCATIONAPPLICANTCERRONE LAND HOLDINGS1589 SARATOGA ROADFORT EDWARD, NY 12828Call Before You DigWait The Required TimeConfirm Utility ResponseRespect The MarksDig With Care800-962-7962www.digsafelynewyork.comDigSafely.New YorkTHIS SET OF DRAWINGS IS ISSUED FOR THE CONSTRUCTION OF THE MAIN SHARED ROAD AND ASSOCIATEDGRADING & DRAINAGE & STORMWATER MANAGEMENT SYSTEMS. DETAILED ARCHITECTURAL LAYOUTS OF THEINDIVIDUAL RESIDENCES HAVE NOT BEEN COMPLETED. GRADING & STORMWATER MANAGEMENT SYSTEMS FORTHE RESPECTIVE LOTS ARE CONCEPTUAL IN DESIGN AND ARE TYPICAL FOR THE FOOTPRINTS SHOWN. IT ISRESPONSIBILITY OF THE INDIVIDUAL HOMEOWNER/BUILDER TO OBTAIN THE NECESSARY APPROVALS ANDPERMITS FOR THEIR RESPECTIVE DESIGNS.NYSDOH CONDITIONS OF APPROVALSUBDIVISION DENSITY CALCULATIONSQUEENSBURY ZONINGMDR(2-ACRE W/ON-SITE WASTEWATER)TOTAL AREA49.5 - ACRESRIGHT OF WAY AREA3.96 - ACRESUSABLE DENSITY ACREAGE45.54 - ACRESTOTAL NUMBER OF ALLOWABLE LOTS22 - LOTSTOTAL PROPOSED NUMBER OF LOTS45 - LOTSPROPOSED LOT SIZES0.47 - 1.57 - ACRESZONING SUMMARYZONE - MDR (MODERATE DENSITY RESIDENTIAL)MINIMUM LOT SIZE - 2-ACRE PER DWELLINGFRONT SETBACK - 30' SIDE SETBACKS - 25'REAR SETBACK - 30'SHORELINE/STREAM/WETLAND SETBACK - 75'AVERAGE LOT WIDTH - 100'ROAD FRONTAGE - 100'MAXIMUM BUILDING HEIGHT - 40'MINIMUM PERCENT PERMEABLE - 50%AREA VARIANCES APPROVED ON 4-20-2022§179-4-010 MDR:MINIMUM LOT SIZE: 2 ACRES REQUIREDPROPOSED: LOT SIZES 0.47 - 1.57RELIEF REQUESTED FOR LOTS LESS THAN 2 ACRES§179-4-010 MINIMUM REAR SETBACKS:MINIMUM REAR SETBACK: 30 FT REQUIREDPROPOSED: 20 FT10 FT OF RELIEF REQUESTED FROM REAR SETBACKS§179-4-010 MINIMUM SIDE SETBACKS:MINIMUM SIDE SETBACK: 25 FT REQUIREDPROPOSED: 15 FT10 FT OF RELIEF REQUESTED FROM SIDE SETBACKSOWNERCITY OF GLENS FALLS42 RIDGE STREETGLENS FALLS, NY 12801ZONING BOARD APPROVAL RESOLUTIONS DWG. NO. 16-109-BOUNDARYD-2626IRFIRFIPFIPFIPFIPFPPFIPFIPFIPFIPFIRFIRFPPFIRFIRFIRFIPFIPFPPFIPFIPFIPFIPFPPFPPFIPFIRFU.P. NM103 NYT80U.P. NM1 0 3 - 1 N Y T 8 0 F U.P. NM1 0 7 - 1 V Z 8 4 - 1 U.P.U.P. NM110 NYT87U.P. NM109 NYT86U.P. NM108 NYT85U.P. NG107 VZ84U.P. NG106U.P. NM105 NYT82U.P. NG104 NYT81U.P. NM102 NYT79-5CIRFPost BoxTelecomm. Sign "Left Int."Sign "Curve Ahead"U.P. NM111 BA P886" Pine painted10" Pine painted10" Pine painted10" Pine w/ Wire14" Pine painted12" Pine painted8" Pine painted16" Pine paintedXXLands N/F ofRuth ColchesterB:5083 P:237301.18-2-2Lands N/F ofLee & Molly BakerB:5907 P:190301.18-2-3Lands N/F ofRichard V. & Leah M. HolsclawB:5045 P:265301.18-2-4Lands N/F ofEdward & Toni McQuateB:968 P:203301.18-2-5Lands N/F ofAdam BurrellB:4795 P:163301.18-2-6Lands N/F ofSusan CarpenterB:799 P:72301.18-2-7Lands N/F ofTimothy & Patricia BeldenB:934 P:115301.18-2-8Lands N/F ofFrank AntosB:690 P:730301.18-2-9Lands N/F ofMichael & Suzanne LombardoB:5631 P:163301.18-2-10Lands N/F ofChristopher & Diane OgdenB:690 P:978301.18-2-11Lands N/F ofThomas & Anne RascoeB:1275 P:193301.18-2-12Lands N/F ofFrank & Diane MadiaB:705 P:15301.18-2-13Lands N/F ofGary & Deborah BennettB:726 P:309301.14-1-1Lands N/F ofRichard & NancyWilsonB:1202 P:21301.14-1-7Lands N/F ofMichael Davis &Lisa SmithB:4427 P:167301.14-1-8Lands N/F ofDale M. TracyB:930 P:86301.14-1-9Lands N/F ofKragen S. & Nicole R.OrlemanB:5281 P:83301.14-1-10Lands N/F ofEric & LisaPiesnikowskiB:1458 P:212301.14-2-23Lands N/F ofRobert & DaneenScotto-LavinoB:1316 P:61301.14-2-10Lands N/F ofJohn & Tina BureauB:1264 P:69301.14-2-9Lands N/F ofKeith & ConnieFerraroB:1264 P:76301.14-2-8Lands N/F ofPeter & JacquelineBoltonB:1243 P:51301.14-2-7Lands N/F ofFrank R. & Carol A. CrowleyB:1494 P:182301.14-2-6Lands N/F ofDavid & StephanieMahoneyB:960 P:20301.13-2-51Lands N/F ofAndrew S. & Carolyn L.MartinB:5556 P:274301.17-2-22Lands N/F ofElisha & KristenHamiltonB:1061 P:71301.17-2-23Lands N/F ofFiore FamilyIrrevocable TrustB:5385 P:155301.17-2-24Lands N/F ofDennis & Lisa Davis301.17-2-25Lands N/F ofMatthew BallB:1469 P:261301.17-2-26Lands N/F ofLinda Ball &Gary TrombleyB:5028 P:254301.17-2-27Lands N/F ofAnnabelle & HarryHerboldB:1235 P:96301.17-2-28Sign "No Dumping"Sign "No Trespassing/Dumping"Gate PostsMap ReferencesMap of Section #3 ofLand O'Pines SubdivisionDated: December 08, 1970By: Coulter & McCormackThe Grove20 Lot SubdivisionDated: November 06, 2000Last Revised: March 03, 2001By: Van Dusen & StevesLand SurveyorsMap of a Surveyof lands North of Sherman Avenueowned bySarah Bailey & Mary JennejahnDated: October 06, 1972Last Revised: December 18, 1972By: John B. Van DusenMap of a Subdivision of lands ofSarah Bailey & Mary JennejahnDated: September 05, 1973Last Revised: March 14, 1974By: John B. Van DusenMap of a Survey made forSarah L. McEchronDated: June 04, 2000By: Van Dusen & StevesLand SurveyorsDeed ReferenceRuth ColchesterToAnette R. Bramer andChristine A. SchierlohDated: December 02, 2014Recorded on: December 11, 2014B:5083 P:237LegendIRF = Iron Rod FoundCIRF = Capped Iron Rod FoundIPF = Iron Pipe FoundPPF = Pinched Pipe FoundU.P. = Utility Pole= Overhead Utility Wire4.)5.)PARCEL IS SUBJECT TO ANY EASEMENTS OF RECORD.3.)2.)NOTES:1.)UNDERGROUND UTILITIES, IF ANY, ARE NOT SHOWN HEREON.6.)7.)THE FIELD SURVEY WAS CONDUCTED DURING WINTER WEATHERCONDITIONS WITH SIGNIFICANT SNOW AND ICE COVER.THIS MAP WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OFTITLE OR AN UP TO DATE TITLE REPORT AND IS THEREFORE SUBJECT TOANY STATEMENT OF FACTS SHOWN THEREON.THIS MAP WAS PREPARED FROM AN ACTUAL FIELD SURVEY MADE INACCORDANCE WITH THE EXISTING CODE OF PRACTICE ADOPTED BY THENEW YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEYORS.THIS MAP IS COPYRIGHT © 2021 VAN DUSEN & STEVES LANDSURVEYORS. UNAUTHORIZED ALTERATION OR ADDITION TO THISDOCUMENT IS VIOLATION OF SECTION 7209, SUBDIVISION 2, OF NEWYORK STATE EDUCATION LAW.THE SURVEYED PARCEL IS SUBJECT TO WHATEVER RIGHTS, TITLE ORINTEREST THE TOWN OF QUEENSBURY AND THE PEOPLE OF THE STATE OF NEWYORK MAY HAVE TO MAINTAIN THE ROADS, AND TO WHATEVER RIGHTS,TITLE OR INTEREST THE TRAVELING PUBLIC MAY HAVE TO THE BED OF THEROADS.TrailTrailCERRONE BUILDERS, INC.301.18-2-1301.18-2-1 20' NO CUT BUFFERHOA AREA #2HOA AREA #1HOA AREA #3Total Parcel Area2154714.2 Sq. Feet49.5 Acres12345678910111213141516171819202122232425262728293031323334353637383940414243444528273.7 Sq. Feet0.65 Acres28654.2 Sq. Feet0.66 Acres30986.8 Sq. Feet0.71 Acres34695.9 Sq. Feet0.80 Acres28829.4 Sq. Feet0.66 Acres28685.7 Sq.Feet0.66 Acres40136.7 Sq. Feet0.92 Acres35421.5 Sq. Feet0.81 Acres21695.5 Sq. Feet0.50 Acres20425.6 Sq. Feet0.47 Acres20587.6Sq. Feet0.47 Acres24508.9Sq. Feet0.56 Acres30869.5Sq. Feet0.71Acres28625.1Sq. Feet0.66Acres28887.6Sq. Feet0.66Acres35725.4Sq. Feet0.82 Acres68213.4 Sq. Feet1.57 Acres48083.2 Sq. Feet1.10 Acres42789.3 Sq. Feet0.98 Acres26110.1 Sq. Feet0.60 Acres21892.8 Sq. Feet0.50 Acres20360.8 Sq. Feet0.47 Acres24363.1 Sq. Feet0.56 Acres24352.7 Sq. Feet0.56 Acres22991.5 Sq. Feet0.53 Acres22991.5 Sq. Feet0.53 Acres22991.5 Sq. Feet0.53 Acres24750.0 Sq. Feet0.57 Acres24750.0 Sq. Feet0.57 Acres24750.0 Sq. Feet0.57 Acres22905.8 Sq. Feet0.53 Acres22264.5 Sq. Feet0.51 Acres26307.5 Sq. Feet0.60 Acres33009.9 Sq. Feet0.76 Acres34443.4 Sq. Feet0.79 Acres27343.5Sq. Feet0.63 Acres24750.0Sq. Feet0.57 Acres26936.8Sq. Feet0.62 Acres27172.5Sq. Feet0.62 Acres28933.6 Sq. Feet0.66 Acres26976.3 Sq. Feet0.62 Acres31476.3 Sq. Feet0.72 Acres27830.4 Sq. Feet0.64 Acres31979.7 Sq. Feet0.73 Acres31979.7 Sq. Feet0.73 AcresEDGE OF WOODS LOCATION WAS TRACED FROM ORTHOIMAGERY.8.)N 82°45'50" E29.54'N 82°45'50" E233.97'N 82°45'50" E172.23'N 82°45'50" E158.27'N 82°45'50" E94.99'N 80°51'31" E20.06'N 80°51'31" E116.06'N 80°51'31" E84.87'N 80°51'31" E110.03'N 80°51'31" E110.03'N 80°51'31" E60.95'N 82°28'38" E97.28'N 82°28'38" E219.16'N 82°28'38" E181.64'S 07°55'23" E123.94'S 07°55'23" E243.09'S 07°55'23" E35.71'S 08°33'53" E141.48'S 08°33'53" E142.85'S 08°33'53" E63.31'S 10°25'53" E61.70'90.77'S 07°33'23" E72.19'46.41'80.81'S 11°1 8 ' 4 1 " W 110.00 ' 110.00 ' 110.00 ' S 11°1 8 ' 4 1 " W S 07°33'23" E154.50'S 08°49'53" E388.22'216.24'N 79°06'23" W462.06'N 79°13'19" W93.82'N 83°31'40" W68.18'N 89°42'16" W151.79'N 77°53'36" W115.54'N 77°53'36" W141.22'N 79°26'24" W365.23'N 79°26'24" W313.15'N 06°56'16" W225.60'N 06°56'16" W73.92'N 06°56'16" W155.79'N 06°56'16" W227.65'N 06°56'16" W67.38'N 11°04'05" W67.25'N 48°14'19" W169.45'N 70°04'22" W226.61'N 49°09'31" W209.01'N 78°41'19" WS 78°41'19" E209.01'S 78°41'19" E209.01'S 78°41'19" E209.01'S 82°59'31" E196.39'N 80°43'01" E167.05'N 80°43'01" E162.33'N 74°34'55" E167.09'N 56°30'00" E216.61'N 3 8 ° 2 5 ' 0 4 " E 3 5 6 . 4 5 ' N 2 0 ° 2 0 ' 0 8 " E 345 . 8 4 ' N 02°15'12" E 274.27' N 07°53'55" W 263.81' N 07°53'55" W 261.42' N 07°53'55" W 259.04' N 09°27' 4 4 " E 241.32' N 09°27' 4 4 " E 204.29' N 09°27'44" E170.60'N 07°34'46" W144.65'N 28°42'27" W177.80'N 49°50'08" W304.04'N 11°1 8 ' 4 1 " E 110.00 'N 11°1 8 ' 4 1 " E 110.00 ' N 08°18'2 5 " E 91.53' 110.00 ' S 11°1 8 ' 4 1 " W 110.00 ' S 11°1 8 ' 4 1 " W 74.34' 110.00 ' 110.00 ' 61.21' 110.00 ' N 11°1 8 ' 4 1 " E 110.00 ' 72.95' 110.00 ' 61.21'225.00'N 78°41'19" WN 09°17'15" W78.33'59.70'S 82°06'05" W110.00'65.39'117.91'N 80°32'16" W120.00'57.19'108.33'L243.37'R250.00'L2 17.72'R 250.00'L253.94'R250.00'L52.77'R250.00'R350.00'L72.46'R350.00'L110.46'R350.00'L220.92'R350.00'L110.46'L87.19'R300.00'L248.45'R300.00'L128.33'R300.00'L 12 0 .19 ' R 6 0 0 .0 0 ' L4 8.8 2 ' R 600.0 0 'R650.00'L74.74'R 6 5 0 .0 0 ' L110 .13 ' R 65 0 .0 0 ' L4 8.8 2 'R350.00'L37.45'R350.00'L110.46'R350.00'L110.46'R350.00'L110.46'R350.00'L110.46'R350.00'L62.01'L90.90'R300.00'R300.00'L89.23'R300.00'L110.63'R300.00'L110.63'R300.00'L110.63'R 3 0 0 .0 0'L 14 6 .2 1'R300.00'L140.44'R300.00'L136.12'R300.00'L91.48'L211.52'R300.00'L209.26'R300.00'110.00'S 80°32'16" E110.00'44.23'25.13'48.17'110.00'110.00'N 82°06'05" ES 78°41'19" E225.00'S 78°41'19" E225.00'S 78°41'19" E225.00'S 83°21'04" E228.57'N 85°10'19" E226.78'N 80°42'45" E225.00'N 58°16'24" E230.45'N 08°45' 1 4 " E 231.07'N 02°16'59" E74.48'N 07°44'15" W107.39'N 18°10'00" W97.35'N 62°20'23" W48.33'S 88°06'42" W85.61'S 82°06'05" W110.00'N 07°53'55" W 225.00' N 07°53'55" W 225.00'200.00'N 78°41'19" WN 61°20'44" E203.00'N 20°56'56" E202.23'N 28°17'31" E200.00'N 54°38'18" E202.11'N 81°06'42" E140.96'S 70°57'48" E190.23'N 76°55'39" E225.00'225.00'N 84°59'25" WS 04°01'53" E180.71'2 2 5 . 0 0 ' N 4 0 ° 4 5 ' 4 8 " E 225.00'N 22°40'52" E225.00'N 22°54'51" E 225.00'N 81°06'42" E225.00'S 48°59'23" EN 09°27'44" E227.62'N 09°27'44" E225.00' 223.95' S 09°27' 4 4 " W120.00'N 81°02'26" W120.03'N 81°55'06" WS 73°14'41" E124.09'S 58°16'40" E180.71'S 56°19'14" W13.20'S 16°03'40" W21.09'S 37°59'13" E24.32'S 11°18'41" W11.89'N 11°18'41" E13.20'R=25.00L=39.60 R= 2 5 . 0 0 L= 3 8 . 9 4 R=25.00L=38.92R=25.00L=39.62Drainage EasementR350.00'L106.05'529978.6 Sq. Feet12.2 Acres45.932.640.960.948.0TOTAL HOA AREA671,428.8 Sq. Feet15.4 AcresHOA LAND TO BE OWNED & MAINTAINED BY THE HOA DEED & COVENANTS.9.)HOA LAND TO BE MERGED AS ONE (1) SINGLE TAX PARCEL.10.) N 89°42'16" W68.18'N 83°31'40" W93.82'606.46'N 79°26'24" W462.06'N 79°13'19" W216.24'N 79°06'23" WS 08°49'53 " E 388.22' S 07°33'23" E 273.10' 347.64'N 82°28'38" E498.08'N 80°51'31" E502.00'N 82°45'50" E689.00'383.44'N 06°56'16" W612.67'N 06°56'16" WS 10°25'5 3 " E 152.47' 402.73'S 07°55'23" EIRFIRFIPFIPFIPFIPFPPFIPFIPFIPFIPFIRFIRFPPF IRFIRFIRFIPFIPFPPFIPFIPFIPFIPFPPFPPFIPFIRFXXLands N/F ofRuth ColchesterB:5083 P:237301.18-2-2Lands N/F ofLee & Molly BakerB:5907 P:190301.18-2-3Lands N/F ofRichard V. & Leah M. HolsclawB:5045 P:265301.18-2-4Lands N/F ofEdward & Toni McQuateB:968 P:203301.18-2-5Lands N/F ofAdam BurrellB:4795 P:163301.18-2-6Lands N/F ofSusan CarpenterB:799 P:72301.18-2-7Lands N/F ofTimothy & Patricia BeldenB:934 P:115301.18-2-8Lands N/F ofFrank AntosB:690 P:730301.18-2-9Lands N/F ofMichael & Suzanne LombardoB:5631 P:163301.18-2-10Lands N/F ofChristopher & Diane OgdenB:690 P:978301.18-2-11Lands N/F ofThomas & Anne RascoeB:1275 P:193301.18-2-12Lands N/F ofFrank & Diane MadiaB:705 P:15301.18-2-13Michael Davis &Lisa SmithB:4427 P:167301.14-1-8Lands N/F ofDale M. TracyB:930 P:86301.14-1-9301.14-2-23Lands N/F ofRobert & DaneenScotto-LavinoB:1316 P:61301.14-2-10Lands N/F ofJohn & Tina BureauB:1264 P:69301.14-2-9Lands N/F ofKeith & ConnieFerraroB:1264 P:76301.14-2-8Lands N/F ofPeter & JacquelineBoltonB:1243 P:51301.14-2-7Lands N/F ofFrank R. & Carol A. CrowleyB:1494 P:182301.14-2-6Lands N/F ofDavid & StephanieMahoneyB:960 P:20301.13-2-51Lands N/F ofAndrew S. & Carolyn L.MartinB:5556 P:274301.17-2-22Lands N/F ofElisha & KristenHamiltonB:1061 P:71301.17-2-23Lands N/F ofFiore FamilyIrrevocable TrustB:5385 P:155301.17-2-24Lands N/F ofDennis & Lisa Davis301.17-2-25Lands N/F ofMatthew BallB:1469 P:261301.17-2-26Lands N/F ofLinda Ball &Gary TrombleyB:5028 P:254301.17-2-27Lands N/F ofAnnabelle & HarryHerboldB:1235 P:96301.17-2-2820' NO CUT BUFFERHOA AREA #2HOA AREA #1HOA AREA #3Total Parcel Area2154714.2 Sq. Feet49.5 Acres12345678910111213141516171819202122232425262728293031323334353637383940414243444528273.7 Sq. Feet0.65 Acres28654.2 Sq. Feet0.66 Acres30986.8 Sq. Feet0.71 Acres34695.9 Sq. Feet0.80 Acres28829.4 Sq. Feet0.66 Acres28685.7 Sq.Feet0.66 Acres40136.7 Sq. Feet0.92 Acres35421.5 Sq. Feet0.81 Acres21695.5 Sq. Feet0.50 Acres20425.6 Sq. Feet0.47 Acres20587.6Sq. Feet0.47 Acres24508.9Sq. Feet0.56 Acres30869.5Sq. Feet0.71Acres28887.6Sq. Feet0.66Acres35725.4Sq. Feet0.82 Acres68213.4 Sq. Feet1.57 Acres48083.2 Sq. Feet1.10 Acres42789.3 Sq. Feet0.98 Acres26110.1 Sq. Feet0.60 Acres21892.8 Sq. Feet0.50 Acres20360.8 Sq. Feet0.47 Acres24363.1 Sq. Feet0.56 Acres24352.7 Sq. Feet0.56 Acres22991.5 Sq. Feet0.53 Acres22991.5 Sq. Feet0.53 Acres22991.5 Sq. Feet0.53 Acres24750.0 Sq. Feet0.57 Acres24750.0 Sq. Feet0.57 Acres24750.0 Sq. Feet0.57 Acres22905.8 Sq. Feet0.53 Acres22264.5 Sq. Feet0.51 Acres26307.5 Sq. Feet0.60 Acres33009.9 Sq. Feet0.76 Acres34443.4 Sq. Feet0.79 Acres27343.5Sq. Feet0.63 Acres24750.0Sq. Feet0.57 Acres26936.8Sq. Feet0.62 Acres27172.5Sq. Feet0.62 Acres28933.6 Sq. Feet0.66 Acres26976.3 Sq. Feet0.62 Acres31476.3 Sq. Feet0.72 Acres27830.4 Sq. Feet0.64 Acres31979.7 Sq. Feet0.73 Acres31979.7 Sq. Feet0.73 Acres0+001+002+003+004+005+006+007+008+009+0010+00 1 1 + 0 0 12+ 0 0 13+00 14+00 15+00 16+00 17+00 18+0019+0020+0021+0022+0023+0024+0025+0026+0027+0028+0029+0030+0031+0032+0033+0034+0028625.1Sq. Feet0.66AcresTOTAL HOA AREATHIS SET OF DRAWINGS IS ISSUED FOR THE CONSTRUCTION OF THE MAIN ROAD AND ASSOCIATEDGRADING & DRAINAGE & STORMWATER MANAGEMENT SYSTEMS. DETAILED ARCHITECTURAL LAYOUTSOF THE INDIVIDUAL RESIDENCES HAVE NOT BEEN COMPLETED. GRADING & STORMWATERMANAGEMENT SYSTEMS FOR THE RESPECTIVE LOTS ARE CONCEPTUAL IN DESIGN AND ARE TYPICALFOR THE FOOTPRINTS SHOWN. IT IS RESPONSIBILITY OF THE INDIVIDUAL HOMEOWNER/BUILDER TOOBTAIN THE NECESSARY APPROVALS AND PERMITS FOR THEIR RESPECTIVE DESIGNS.Hutchins Engineering, PLLC291397-01-S2SUBDIVISION LAYOUT PLANSUBDIVISION LAYOUT PLANprepared for:Cerrone Land Holdings - Upper Sherman Avenue SubdivisionTAX MAP # 301.18-2-1Upper Sherman AvenueTown of Queensbury, Warren County, NYGRAPHIC SCALEMAP REFERENCECall Before You DigWait The Required TimeConfirm Utility ResponseRespect The MarksDig With Care800-962-7962www.digsafelynewyork.comDigSafely.New YorkSUBDIVISION DENSITY CALCULATIONSQUEENSBURY ZONINGMDR(2-ACRE W/ON-SITE WASTEWATER)TOTAL AREA49.5 - ACRESRIGHT OF WAY AREA3.96 - ACRESUSABLE DENSITY ACREAGE45.54 - ACRESTOTAL NUMBER OF ALLOWABLE LOTS22 - LOTSTOTAL PROPOSED NUMBER OF LOTS45 - LOTSPROPOSED LOT SIZES0.47 - 1.57 - ACRESZONING SUMMARYZONE - MDR (MODERATE DENSITY RESIDENTIAL)MINIMUM LOT SIZE - 2-ACRE PER DWELLINGFRONT SETBACK - 30' SIDE SETBACKS - 25'REAR SETBACK - 30'SHORELINE/STREAM/WETLAND SETBACK - 75'AVERAGE LOT WIDTH - 100'ROAD FRONTAGE - 100'MAXIMUM BUILDING HEIGHT - 40'MINIMUM PERCENT PERMEABLE - 50%AREA VARIANCES APPROVED ON 4-20-2022§179-4-010 MDR:MINIMUM LOT SIZE: 2 ACRES REQUIREDPROPOSED: LOT SIZES 0.47 - 1.57RELIEF REQUESTED FOR LOTS LESS THAN 2 ACRES§179-4-010 MINIMUM REAR SETBACKS:MINIMUM REAR SETBACK: 30 FT REQUIREDPROPOSED: 20 FT10 FT OF RELIEF REQUESTED FROM REAR SETBACKS§179-4-010 MINIMUM SIDE SETBACKS:MINIMUM SIDE SETBACK: 25 FT REQUIREDPROPOSED: 15 FT10 FT OF RELIEF REQUESTED FROM SIDE SETBACKSSITE DEVELOPMENT DATATOTAL PARCEL AREA49.5-AC = 2,154,714.2 SFEXISTINGADDITIONSTOTALHOUSES0 SF107,910 SF107,910 SFTOWN ROAD & DRIVEWAYS0 SF141,151 SF141,151 SFTOTAL IMPERVIOUS0 SF249,061 SF 249,061 SFPERCENT IMPERVIOUS0%11.6%11.6%PERMEABILITY100%(11.6%)88.4% IRFIRFIPFIPFIPFIPFPPFIPFIPFIPFIPFIRFIRFPPFIRFIRFIRFIPFIPFPPFIPFIPFIPFIPFPPFPPFIPFIRFXX20' NO CUT BUFFER474474473473473473472 472471470470 4 7 0470469 4 6 7 465465 465 465465463462 4654604604604604604 6 0 46046046046045 9 458 455455455450450 448447447 447 4 4 6 4454454 4 0 440439438437437471447 4554604704704600+001+002+003+004+005+006+007+008+009+0010+00 1 1 + 0 0 12+ 0 0 13+00 14+00 15+00 16+00 17+00 18+0019+0020+0021+0022+0023+0024+0025+0026+0027+0028+0029+0030+0031+0032+0033+0034+00459458457456LOW PTSTA. 4+00ELEV. 454.24 5 5 45 6 45 7 458 459 460 461462463464467468471472HIGH PTSTA. 23+00ELEV. 472.95472471470469468467466465464463LOW PTSTA. 32+00ELEV. 462.0464467 460 457 459 458 461 463465467469471470473472471468466465 465458 467 464 458 456 466 468470464465 472470471470 472470473 474 473473472471470469472 471469468467468 467465464463462462 461 463462461460462464459456 458 460 462461461460457457458452 451 452 451 457 455 453452 454 456 45 7 456 454 457 455453452451460 459 454 456 453 455 457 451 450 449 448 447 446 445 444443 442 441 440 439438437 453454 456 455 457 452453454455456457458459460461463461SOUTHWEST SHEETNORTHWEST SHEETNORTHEAST SHEETSOUTHEAST SHEETTP-1PT-1TP-2PT-2TP-3PT-3TP-4PT-4IT-1468 467466465 455455 456 465466469470463466 465459 458 457 457 457 462 463 466471472464463468 467 466467473 472471470470461455458 470466464463PROPOSEDPICKLEBALLCOURT AREAOPEN AREA TO BE DECOMPACTEDLAWN WASTE DEBRIS PILES TO BE MULCHED0.45 MILE OUTERPERIMTER TRAIL10 FT LONG BY 5 FT WIDE BY 3 FT DEEPSTONE INFILTRATION TRENCH WITH1 SC-310 STORMTECH INFILTRATORCONNECTED TO REAR ROOF GUTTERSTYPICAL FOR LOTS 15 - 20PROPOSEDPICNICPAVILION20x24CLUSTER MAIL BOX WITHROAD SIDE PARKING ACCESS3 - 3" CALIPERDECIDUOUS TREES(SEE DWG S-6 FORDETAILS)ARBORVITAE BUFFER12 - 5-6 FT TREES10 FT OC ALONG TOPEDGE OF SLOPE(SEE DWG S6 FORDETAILS)0.45 MILE OUTERPERIMTER TRAIL4' WIDE MULCHEDTRAIL PATH4' WIDE MULCHEDTRAIL PATH457 457 10 FT LONG BY 5 FT WIDE BY 3 FT DEEPSTONE INFILTRATION TRENCH WITH1 SC-310 STORMTECH INFILTRATORCONNECTED TO REAR ROOF GUTTERSTYPICAL FOR LOTS 21 - 27TP-1ATP-2ATP-3ATP-4ATP-5ATP-6ATP-7ATP-8ATP-9ATP-10ATP-11ALOTS 22 TO 25 TO HAVEWALKOUT BASEMENTSOR GARDEN WINDOWSHutchins Engineering, PLLC291397-01-S3SUBDIVISION GRADING PLANprepared for:Cerrone Land Holdings - Upper Sherman Avenue SubdivisionTAX MAP # 301.18-2-1Upper Sherman AvenueTown of Queensbury, Warren County, NYSUBDIVISION GRADING PLANGRAPHIC SCALEMAP REFERENCESITE SOILS DATADEEP HOLE TEST PITSTP-1 :TP-2:TP-3:TP-4 :SITE SOILS DATAINFILTRATION TESTIT-1 AT TP #4 :PERCOLATION TEST AT 24" IN A 30" HOLEPT-1 AT TP#1 : PT-2 AT TP#2 : PT-3 AT TP#3 : PT-4 AT TP#4 : SITE SOILS DATADEEP HOLE TEST PITSTP-1A :TP-2A :TP-3A :TP-4A :TP-5A :TP-6A :SITE SOILS DATADEEP HOLE TEST PITSTP-7A :TP-8A :TP-9A :TP-10A :TP-11A : IRFIRFIPFIPFIPFIPFPPFIPFIPFIPFIPFIRFIRFPPFIRFIRFIRFIPFIPFPPFIPFIPFIPFIPFPPFPPFIPFIRFCIRFXX20' NO CUT BUFFER474474473473473473472 472471470470 4 7 0470469 4 6 7 465465 465 465465463462465 4604604604604604 6 0 46046046046045 9 458 455455455450450 448447447 447 4 4 6 4454454 4 0 440439438437437471447 4554604704704606'typ.4'typ.UTILITY EASEMENT6'typ.4'typ.UTILITY EASEMENT0+001+002+003+004+005+006+007+008+009+0010+001 1 + 0 0 12+ 0 0 13+00 14+00 15+00 16+00 17+00 18+0019+0020+0021+0022+0023+0024+0025+0026+0027+0028+0029+0030+0031+0032+0033+0034+00459458457456LOW PTSTA. 4+00ELEV. 454.24 5 5 45 6 45 7 458 459 460 461462463464467468471472HIGH PTSTA. 23+00ELEV. 472.95472471470469468467466465464463LOW PTSTA. 32+00ELEV. 462.0464467 460 457 459 458 461 463465467469471470473472471468466465 465458 467 464 458 456 466 468470464465 472470471470 472470473 474 473473472471470469472 471469468467468 467465464463462462 461 463462461460462464459456 458 460 462461461460457457458452 451 452 451 457 455 453452 454 456 45 7 456 454 457 455453452451460 459 454 456 453 455 457 451 450 449 448 447446 445 444443 442 441440 439438437 453454 456 455 457 452453454455456457458459460461463461SOUTHWEST SHEETNORTHWEST SHEETNORTHEAST SHEETSOUTHEAST SHEETTP-1PT-1TP-2PT-2TP-3PT-3TP-4PT-4IT-1468 467466465 455455 456 465466469470463466 465459 458 457 457 457 462 463 466471472464463468 467 466467473 472471470470461455458 470466464463CLUSTER MAIL BOX WITHROAD SIDE PARKING ACCESS6" DIP WATER LINEHYDRANT6" DIPWATER LINEHYDRANTHYDRANT6"DIP WATERLINE VALVEHYDRANTHYDRANT6" DIP WATER LINENEW 6" X 12" TAPPING SLEEVEW/ NEW 6" VALVENEW VALVE CLUSTER2 - 12" VALVES, 1 - 6" VALVEAND 12 X 6 X 12 DIP TEE457 457TP-1ATP-2ATP-3ATP-4ATP-5ATP-6ATP-7ATP-8ATP-9ATP-10ATP-11AHutchins Engineering, PLLC291397-01-S4SUBDIVISION UTILITY PLANprepared for:Cerrone Land holdings - Upper Sherman Avenue SubdivisionTAX MAP # 301.18-2-1Upper Sherman AvenueTown of Queensbury, Warren County, NYSUBDIVISION UTILITY PLANGRAPHIC SCALEMAP REFERENCE SEPTIC TANK NOTESNOTESNOTESTHIS SET OF DRAWINGS IS ISSUED FOR THE CONSTRUCTION OF THE MAIN ROAD AND ASSOCIATEDGRADING & DRAINAGE & STORMWATER MANAGEMENT SYSTEMS. DETAILED ARCHITECTURAL LAYOUTSOF THE INDIVIDUAL RESIDENCES HAVE NOT BEEN COMPLETED. GRADING & STORMWATERMANAGEMENT SYSTEMS FOR THE RESPECTIVE LOTS ARE CONCEPTUAL IN DESIGN AND ARE TYPICALFOR THE FOOTPRINTS SHOWN. IT IS RESPONSIBILITY OF THE INDIVIDUAL HOMEOWNER/BUILDER TOOBTAIN THE NECESSARY APPROVALS AND PERMITS FOR THEIR RESPECTIVE DESIGNS.Hutchins Engineering, PLLC291397-01-S5SEPTIC DETAILS PLANprepared for:Cerrone Land Holdings - Upper Sherman Avenue SubdivisionTAX MAP # 301.18-2-1Upper Sherman AvenueTown of Queensbury, Warren County, NYCall Before You DigWait The Required TimeConfirm Utility ResponseRespect The MarksDig With Care800-962-7962www.digsafelynewyork.comDigSafely.New York RECLAIMEDTOPSOILSILT FENCEFENCESEDIMENT CONTROL ENTRANCECONSTRUCTION STABILIZED SEDIMENT TRAP& MULCHINGTEMPORARY SEEDING PRACTICEAFTER INITIAL SITE GRADINGVEGETATION ESTABLISHMENTUNTIL FINAL GRADING AND DURING INITIAL SITE GRADING IMPLEMENTATION TIMEPRIOR TO INITIAL SOIL & EXCAVATIONDISTURBANCESOIL DISTURBANCEPRIOR TO CLEARING AND TO FINAL DRIVEWAY FINISHING)ENTIRE PROJECT (REMOVE PRIOR ROAD & DRYWELLSCONSTRUCTION OF UNTIL FINAL SITE GRADING AND ESTABLISHMENT)AND VEGETATION AFTER FINAL SITE STABILIZATION ENTIRE PROJECT (REMOVE DURATION OF PRACTICESTABILIZATIONVEGETATION SEEDING & OTHER AFTER FINAL SITE GRADINGPERMANENTSTONE CHECK DAMS AFTER SEDIMENTTRAPS ARE COMPLETEVEGETATION ESTABLISHMENTSITE STABILIZATION ANDREMOVE AFTER FINALSTANDARD SPECIFICATIONS FOR SILT FENCEDEFINITIONPURPOSEAPPLICATIONDESIGN CRITERIAFABRIC MATERIAL CRITERIACONSTRUCTION SPECIFICATIONS8.0 FT MIN.2' MIN.THIS SET OF DRAWINGS IS ISSUED FOR THE CONSTRUCTION OF THE MAIN ROAD AND ASSOCIATEDGRADING & DRAINAGE & STORMWATER MANAGEMENT SYSTEMS. DETAILED ARCHITECTURAL LAYOUTSOF THE INDIVIDUAL RESIDENCES HAVE NOT BEEN COMPLETED. GRADING & STORMWATERMANAGEMENT SYSTEMS FOR THE RESPECTIVE LOTS ARE CONCEPTUAL IN DESIGN AND ARE TYPICALFOR THE FOOTPRINTS SHOWN. IT IS RESPONSIBILITY OF THE INDIVIDUAL HOMEOWNER/BUILDER TOOBTAIN THE NECESSARY APPROVALS AND PERMITS FOR THEIR RESPECTIVE DESIGNS.Hutchins Engineering, PLLC291397-01-S6STORMWATER POLLUTION PREVENTION PLANprepared for:Cerrone Land Holdings - Upper Sherman Avenue SubdivisionTAX MAP # 301.18-2-1Upper Sherman AvenueTown of Queensbury, Warren County, NYCall Before You DigWait The Required TimeConfirm Utility ResponseRespect The MarksDig With Care800-962-7962www.digsafelynewyork.comDigSafely.New York 459.00459.95459.00459.20459.00458.45459.00457.70459.00456.95459.00456.20459.00455.45458.78454.70457.77454.18457.11454.45 456.68 454.95 456.31 455.45 455.80 455.95 454.52 456.45 454.00 456.95 456.21 457.45 460.13 457.95 462.73 458.45 463.00 458.95 462.87 459.45 462.26 459.95 461.20 460.45 461.00 460.95 461.00 461.45 461.68 461.95 462.78 462.45 463.40 462.95 463.91 463.45 465.10 463.95 466.67 464.45 468.77 464.95 NEW FIRE HYDRANTNEW FIRE HYDRANTRIM ELEV 455.85 STA 2+50DRYWELL #1 & #2RIM ELEV 453.83STA 4+00DRYWELL #3 & #4RIM ELEV 455.10STA 5+50DRYWELL #5 & #6RIM ELEV 458.10STA 8+50DRYWELL #7 & #8RIM ELEV 461.10STA 11+50DRYWELL #9 & #10RIM ELEV 464.10STA 14+50DRYWELL #11 & #126" DIP WATER LINENEW VALVE CLUSTER12 X 6 X 12 TEE WITH 2 - 12" VALVES & 1 6" VALVERIM ELEV 453.83STA 4+15DRYWELL #3A & #4A2' X 2' STONE TRENCHBETWN DRYWELLS AS PER S-3& DRYWELL DETAIL ON S-8468.77464.95470.04465.45470.32465.95470.60466.45470.88466.95471.44467.45472.04467.95472.20468.45472.36468.95 472.51 469.45 472.67 469.95 472.83 470.45 472.99 470.95 473.00 471.45 473.00 471.95 473.00 472.45 473.00 472.76 472.93 472.45 472.68 471.95 472.42 471.45 472.17 470.95 471.86 470.45 471.42 469.95 470.96 469.45 470.33 468.95 469.81 468.45 469.40 467.92 468.97 467.20 468.13 466.45 466.90 465.70 NEW FIRE HYDRANTNEW FIRE HYDRANTNEW 6" DIP WATER MAINRIM ELEV 467.10STA 17+50DRYWELL #13 & #14RIM ELEV 470.10STA 20+50DRYWELL #15 & #16RIM ELEV 471.10STA 24+50DRYWELL #17 & #18RIM ELEV 468.10STA 27+50DRYWELL #19 & #208" DIP VALESTA 17+006" DIP WATER LINEHutchins Engineering, PLLC291397-01-S7ROAD PROFILE PLANprepared for:Cerrone Land Holdings - Upper Sherman Avenue SubdivisionTAX MAP # 301.18-2-1Upper Sherman AvenueTown of Queensbury, Warren County, NYROADWAY PROFILEROADWAY PROFILETHIS SET OF DRAWINGS IS ISSUED FOR THE CONSTRUCTION OF THE MAIN ROAD AND ASSOCIATEDGRADING & DRAINAGE & STORMWATER MANAGEMENT SYSTEMS. DETAILED ARCHITECTURAL LAYOUTSOF THE INDIVIDUAL RESIDENCES HAVE NOT BEEN COMPLETED. GRADING & STORMWATERMANAGEMENT SYSTEMS FOR THE RESPECTIVE LOTS ARE CONCEPTUAL IN DESIGN AND ARE TYPICALFOR THE FOOTPRINTS SHOWN. IT IS RESPONSIBILITY OF THE INDIVIDUAL HOMEOWNER/BUILDER TOOBTAIN THE NECESSARY APPROVALS AND PERMITS FOR THEIR RESPECTIVE DESIGNS.Call Before You DigWait The Required TimeConfirm Utility ResponseRespect The MarksDig With Care800-962-7962www.digsafelynewyork.comDigSafely.New York LLL466.90465.70465.72464.95464.65464.20463.72463.45463.24462.70463.01462.28463.55462.95464.25463.95466.06464.95467.41465.95467.83466.95 NEW FIRE HYDRANTRIM ELEV 463.85STA 30+50DRYWELL #21 & #22RIM ELEV 461.93STA 31+85DRYWELL #23A & #24ARIM ELEV 464.60STA 33+50DRYWELL #25 & #266" DIP WATERLINENEW 12 X 6 TAPPING SLEEVEWITH NEW 6" VALVERIM ELEV 461.93STA 32+00DRYWELL #23 & #242' X 2' STONE TRENCHBETWN DRYWELLS AS PER S-3& DRYWELL DETAIL ON S-8THIS SET OF DRAWINGS IS ISSUED FOR THE CONSTRUCTION OF THE MAIN ROAD AND ASSOCIATEDGRADING & DRAINAGE & STORMWATER MANAGEMENT SYSTEMS. DETAILED ARCHITECTURAL LAYOUTSOF THE INDIVIDUAL RESIDENCES HAVE NOT BEEN COMPLETED. GRADING & STORMWATERMANAGEMENT SYSTEMS FOR THE RESPECTIVE LOTS ARE CONCEPTUAL IN DESIGN AND ARE TYPICALFOR THE FOOTPRINTS SHOWN. IT IS RESPONSIBILITY OF THE INDIVIDUAL HOMEOWNER/BUILDER TOOBTAIN THE NECESSARY APPROVALS AND PERMITS FOR THEIR RESPECTIVE DESIGNS.Hutchins Engineering, PLLC291397-01-S8ROAD & UTILTY DETAILS PLANprepared for:Cerrone Land Holdings - Upper Sherman Avenue SubdivisionTAX MAP # 301.18-2-1Upper Sherman AvenueTown of Queensbury, Warren County, NYCall Before You DigWait The Required TimeConfirm Utility ResponseRespect The MarksDig With Care800-962-7962www.digsafelynewyork.comDigSafely.New YorkROADWAY PROFILE PPFIPFIPFIPFIPF472471470470 4704694 6 5 46546546 3 4 6 2 4654604 6 0 46046046045 9 45546025+0026+0027+0028+0029+0030+0031+0032+0033+0034+00470469468467466465464463LOW PTSTA. 32+00ELEV. 462 .0 46 4467 4714684664 6 5 465458 467 464 458 456 466 46847046446 5 472470471470 472470SOUTHWEST SHEETNORTHWEST SHEET468 467 466 465 46 3466 465464463468 467 466467470CLUSTER MAIL BOX WITHROAD SIDE PARKING ACCESSNO MORE THAN 6 LOTS OR 5 ACRES SHALL BE CLEARED AND GRADED AT ANY TIMEAREA MUST BE TEMPORARILY STABILIZED BEFOREPHASE 2 - DISTURBANCENO MORE THAN 6 LOTS OR 5 ACRES SHALL BE CLEARED AND GRADED AT ANY TIMEAREA MUST BE TEMPORARILY STABILIZED BEFORENEXT SECTION IS STARTEDPHASE 1 - DISTURBANCE8.4 ACRES TOTALPHASE 1 -TEMPORARY SEDIMENT BASINSPHASE 3 - DISTURBANCEPOCKET PARK TO BE CONSTRUCTEDWHEN PHASE 2 DISTURBANCE HAS BEEN TEMPORARILYSTABILIZEDPHASE 2 - DISTURBANCENO MORE THAN 6 LOTS OR 5 ACRES SHALL BE CLEARED AND GRADED AT ANY TIMEAREA MUST BE TEMPORARILY STABILIZED BEFORENEXT SECTION IS STARTED6" DIP WATER LINEHYDRANTHYDRANTNEW 6" X 12" TAPPING SLEEVEW/ NEW 6" VALVECONSTRUCTIONENTRANCETP-8ATP-9ATP-10ATP-11ATHIS SET OF DRAWINGS IS ISSUED FOR THE CONSTRUCTION OF THE MAIN ROAD AND ASSOCIATEDGRADING & DRAINAGE & STORMWATER MANAGEMENT SYSTEMS. DETAILED ARCHITECTURAL LAYOUTSOF THE INDIVIDUAL RESIDENCES HAVE NOT BEEN COMPLETED. GRADING & STORMWATERMANAGEMENT SYSTEMS FOR THE RESPECTIVE LOTS ARE CONCEPTUAL IN DESIGN AND ARE TYPICALFOR THE FOOTPRINTS SHOWN. IT IS RESPONSIBILITY OF THE INDIVIDUAL HOMEOWNER/BUILDER TOOBTAIN THE NECESSARY APPROVALS AND PERMITS FOR THEIR RESPECTIVE DESIGNS.Hutchins Engineering, PLLC291397-01-S9SOUTHWEST PARTIAL GRADING PLANprepared for:Cerrone Land Holdings - Upper Sherman Avenue SubdivisionTAX MAP # 301.18-2-1Upper Sherman AvenueTown of Queensbury, Warren County, NYCall Before You DigWait The Required TimeConfirm Utility ResponseRespect The MarksDig With Care800-962-7962www.digsafelynewyork.comDigSafely.New YorkSOUTHWEST SECTION PLANGRAPHIC SCALE IRFIRFIPFIPFIPFIPFPPFIRFIRFPPF20' NO CUT BUFFER474474473473473473472 4724 7 0470465460455 4714556'typ.4'typ.UTILITY EASEMENT16+00 17+00 18+00 19+00 20+00 21+00 22+0023+0024+0025+0026+00467468471472HIGH PTSTA. 23+00ELEV. 472.95472471470 469471470473472471456472470 472473 47 4 473473472471470469472 471469468467SOUTHWEST SHEETNORTHWEST SHEETTP-4PT-4IT-1465466469470471472473 472471470470PHASE 2 - DISTURBANCENO MORE THAN 6 LOTS OR 5 ACRES SHALL BE CLEARED AND GRADED AT ANY TIMEAREA MUST BE TEMPORARILY STABILIZED BEFORENEXT SECTION IS STARTED SHALL BE CLEARED AND GRADED AT ANY TIMEAREA MUST BE TEMPORARILY STABILIZED BEFOREAPPROXIMATE INDIVIDUAL LOTLIMITS OF DISTURBANCEPHASE 1 -TEMPORARY SEDIMENT BASINSPHASE 2 - DISTURBANCENO MORE THAN 6 LOTS OR 5 ACRES SHALL BE CLEARED AND GRADED AT ANY TIMEAREA MUST BE TEMPORARILY STABILIZED BEFORENEXT SECTION IS STARTED6" DIPWATER LINEHYDRANTHYDRANT6"DIP WATERLINE VALVETP-7ATHIS SET OF DRAWINGS IS ISSUED FOR THE CONSTRUCTION OF THE MAIN ROAD AND ASSOCIATEDGRADING & DRAINAGE & STORMWATER MANAGEMENT SYSTEMS. DETAILED ARCHITECTURAL LAYOUTSOF THE INDIVIDUAL RESIDENCES HAVE NOT BEEN COMPLETED. GRADING & STORMWATERMANAGEMENT SYSTEMS FOR THE RESPECTIVE LOTS ARE CONCEPTUAL IN DESIGN AND ARE TYPICALFOR THE FOOTPRINTS SHOWN. IT IS RESPONSIBILITY OF THE INDIVIDUAL HOMEOWNER/BUILDER TOOBTAIN THE NECESSARY APPROVALS AND PERMITS FOR THEIR RESPECTIVE DESIGNS.Hutchins Engineering, PLLC291397-01-S10NORTHWEST PARTIAL GRADING PLANprepared for:Cerrone Land Holdings - Upper Sherman Avenue SubdivisionTAX MAP # 301.18-2-1Upper Sherman AvenueTown of Queensbury, Warren County, NYCall Before You DigWait The Required TimeConfirm Utility ResponseRespect The MarksDig With Care800-962-7962www.digsafelynewyork.comDigSafely.New YorkNORTHWEST SECTION PLANGRAPHIC SCALE 347.64'N 82°28'38" E498.08'N 80°51'31" E502.00'S 10°25' 5 3 " E 402.73'S 07°55'23" E IRFIRFIRFIPFIPFPPFIPFIPFIPFIPFPPFXX20' NO CUT BUFFER473472470 465 4604604604604554554504714558+009+0010+001 1 + 0 0 12+0013+0014+0015+0016+00 458 459 460 461462463464461 463465467456 471469468467468467465464463462 462 461 463462461460462464460 462461461460458452453454455456457458459460461463461NORTHEAST SHEETSOUTHEAST SHEETTP-3PT-3465466459 462463 46647046146646446310 FT LONG BY 5 FT WIDE BY 3 FT DEEPSTONE INFILTRATION TRENCH WITH1 SC-310 STORMTECH INFILTRATORCONNECTED TO REAR ROOF GUTTERSTYPICAL FOR LOTS 15 - 20PHASE 2 - DISTURBANCENO MORE THAN 6 LOTS OR 5 ACRES SHALL BE CLEARED AND GRADED AT ANY TIMEAREA MUST BE TEMPORARILY STABILIZED BEFORENEXT SECTION IS STARTEDPHASE 2 - DISTURBANCENO MORE THAN 6 LOTS OR 5 ACRES SHALL BE CLEARED AND GRADED AT ANY TIMEAREA MUST BE TEMPORARILY STABILIZED BEFORENEXT SECTION IS STARTEDAPPROXIMATE INDIVIDUAL LOTLIMITS OF DISTURBANCEPHASE 1 -TEMPORARY SEDIMENT BASINS6"DIP WATERLINE VALVEHYDRANTTP-4ATP-5ATP-6ATHIS SET OF DRAWINGS IS ISSUED FOR THE CONSTRUCTION OF THE MAIN ROAD AND ASSOCIATEDGRADING & DRAINAGE & STORMWATER MANAGEMENT SYSTEMS. DETAILED ARCHITECTURAL LAYOUTSOF THE INDIVIDUAL RESIDENCES HAVE NOT BEEN COMPLETED. GRADING & STORMWATERMANAGEMENT SYSTEMS FOR THE RESPECTIVE LOTS ARE CONCEPTUAL IN DESIGN AND ARE TYPICALFOR THE FOOTPRINTS SHOWN. IT IS RESPONSIBILITY OF THE INDIVIDUAL HOMEOWNER/BUILDER TOOBTAIN THE NECESSARY APPROVALS AND PERMITS FOR THEIR RESPECTIVE DESIGNS.Hutchins Engineering, PLLC291397-01-S11NORTHEAST PARTIAL GRADING PLANprepared for:Cerrone Land Holdings - Upper Sherman Avenue SubdivisionTAX MAP # 301.18-2-1Upper Sherman AvenueTown of Queensbury, Warren County, NYCall Before You DigWait The Required TimeConfirm Utility ResponseRespect The MarksDig With Care800-962-7962www.digsafelynewyork.comDigSafely.New YorkNORTHEAST SECTION PLANGRAPHIC SCALE 462.06'N 79°13'19" W216.24'N 79°06'23" WS 08°49'53 " E 388.22' S 07°33'23" E 273.10' 347.64' S 10°25' 5 3 " E 152.47'PPFPPFIPFIRF467 465460460460460460460460459 458 455455455450450 448447447 447 4 4 6 4454454 4 0 440439438437437447 4604704704606'typ.4'typ.UTILITY EASEMENT0+001+002+003+004+005+006+007+008+00459458457456LOW PTSTA. 4+00ELEV. 454.24 5 5 45 6 45 7 458 460 457 459 458 461 458 467 459456 458 460 457457458452 451 452 451 457 455 453452 454 456 45 7 456 454 457 455453452451460 459 454 456 453 455 457 451 450 449 448 447 446 445 444443 442 441 440 439438437 453454 456 455 457 452453454455456457458459460461NORTHEAST SHEETSOUTHEAST SHEETTP-1PT-1TP-2PT-2455455 456 459 458 457 457 457 455458HYDRANT 6" DIP WATER LINE3 - 3" CALIPERDECIDUOUS TREES(SEE DWG S-6 FORDETAILS)ARBORVITAE BUFFER12 - 5-6 FT TREES10 FT OC ALONG TOPEDGE OF SLOPE(SEE DWG S6 FORDETAILS)NEW VALVE CLUSTER2 - 12" VALVES, 1 - 6" VALVEAND 12 X 6 X 12 DIP TEE457 457 10 FT LONG BY 5 FT WIDE BY 3 FT DEEPSTONE INFILTRATION TRENCH WITH1 SC-310 STORMTECH INFILTRATORCONNECTED TO REAR ROOF GUTTERSTYPICAL FOR LOTS 21 - 27TP-1ATP-2ATP-3ATP-4ALOTS 22 TO 25 TO HAVEWALKOUT BASEMENTSOR GARDEN WINDOWSTHIS SET OF DRAWINGS IS ISSUED FOR THE CONSTRUCTION OF THE MAIN ROAD AND ASSOCIATEDGRADING & DRAINAGE & STORMWATER MANAGEMENT SYSTEMS. DETAILED ARCHITECTURAL LAYOUTSOF THE INDIVIDUAL RESIDENCES HAVE NOT BEEN COMPLETED. GRADING & STORMWATERMANAGEMENT SYSTEMS FOR THE RESPECTIVE LOTS ARE CONCEPTUAL IN DESIGN AND ARE TYPICALFOR THE FOOTPRINTS SHOWN. IT IS RESPONSIBILITY OF THE INDIVIDUAL HOMEOWNER/BUILDER TOOBTAIN THE NECESSARY APPROVALS AND PERMITS FOR THEIR RESPECTIVE DESIGNS.Hutchins Engineering, PLLC291397-01-S12SOUTHEAST PARTIAL GRADING PLANprepared for:Cerrone Land Holdings - Upper Sherman Avenue SubdivisionTAX MAP # 301.18-2-1Upper Sherman AvenueTown of Queensbury, Warren County, NYCall Before You DigWait The Required TimeConfirm Utility ResponseRespect The MarksDig With Care800-962-7962www.digsafelynewyork.comDigSafely.New YorkSOUTHEAST SECTION PLANGRAPHIC SCALE IRFIRFIPFIPFIPFIPFPPFIPFIPFIPFIPFIRFIRFPPFIRFIRFIRFIPFIPFPPFIPFIPFIPFIPFPPFPPFIPFIRFCIRFXX20' NO CUT BUFFER474474473473473473472 472471470470 4 7 0470469 4 6 7 465465 465 465465463462465 4604604604604604 6 0 46046046046045 9 458 455455455450450 448447447 447 4 4 6 4454454 4 0 440439438437437471447 4554604704704600+001+002+003+004+005+006+007+008+009+0010+00 1 1 + 0 0 12+ 0 0 13+00 14+00 15+00 16+00 17+0018+0019+0020+0021+0022+0023+0024+0025+0026+0027+0028+0029+0030+0031+0032+0033+0034+00459458457456LOW PTSTA. 4+00ELEV. 454.24 5 5 45 6 45 7 458 459 460 461462463464467468471472HIGH PTSTA. 23+00ELEV. 472.95472471470469468467466465464463LOW PTSTA. 32+00ELEV. 462.0464467 460 457 459 458 461 463465467469471470473472471468466465 465458 467 464 458 456 466 468470464465 472470471470 472470473 474 473473472471470469472 471469468467468 467465464463462462 461 463462461460462464459456 458 460 462461461460457457458452 451 452 451 457 455 453452 454 456 45 7 456 454 457 455453452451460 459 454 456 453 455 457 451 450 449 448 447446 445 444443 442 441440 439438437 453454 456 455 457 452453454455456457458459460461463461SOUTHWEST SHEETNORTHWEST SHEETNORTHEAST SHEETSOUTHEAST SHEETTP-1PT-1TP-2PT-2TP-3PT-3TP-4PT-4IT-1468 467466465 455455 456 465466469470463466 465459 458 457 457 457 462 463 466471472464463468 467 466467473 472471470470461455458 470466464463PHASE 1 - DISTURBANCE8.4 ACRES TOTALPHASE 2 - DISTURBANCENO MORE THAN 6 LOTS OR 5 ACRES SHALL BE CLEARED AND GRADED AT ANY TIMEAREA MUST BE TEMPORARILY STABILIZED BEFORENEXT SECTION IS STARTEDPHASE 2 - DISTURBANCENO MORE THAN 6 LOTS OR 5 ACRES SHALL BE CLEARED AND GRADED AT ANY TIMEAREA MUST BE TEMPORARILY STABILIZED BEFORENEXT SECTION IS STARTEDPHASE 2 - DISTURBANCENO MORE THAN 6 LOTS OR 5 ACRES SHALL BE CLEARED AND GRADED AT ANY TIMEAREA MUST BE TEMPORARILY STABILIZED BEFORENEXT SECTION IS STARTEDPHASE 2 - DISTURBANCENO MORE THAN 6 LOTS OR 5 ACRES SHALL BE CLEARED AND GRADED AT ANY TIMEAREA MUST BE TEMPORARILY STABILIZED BEFORENEXT SECTION IS STARTEDPHASE 2 - DISTURBANCENO MORE THAN 6 LOTS OR 5 ACRES SHALL BE CLEARED AND GRADED AT ANY TIMEAREA MUST BE TEMPORARILY STABILIZED BEFORENEXT SECTION IS STARTEDAPPROXIMATE INDIVIDUAL LOTLIMITS OF DISTURBANCEPHASE 2 - DISTURBANCENO MORE THAN 6 LOTS OR 5 ACRES SHALL BE CLEARED AND GRADED AT ANY TIMEAREA MUST BE TEMPORARILY STABILIZED BEFORENEXT SECTION IS STARTEDPHASE 1 - DISTURBANCE8.4 ACRES TOTALPHASE 1 -TEMPORARY SEDIMENT BASINSPHASE 1 -TEMPORARY SEDIMENT BASINSPHASE 1 -TEMPORARY SEDIMENT BASINSPHASE 3 - DISTURBANCEPOCKET PARK TO BE CONSTRUCTEDWHEN PHASE 2 DISTURBANCE HAS BEEN TEMPORARILYSTABILIZEDPHASE 2 - DISTURBANCENO MORE THAN 6 LOTS OR 5 ACRES SHALL BE CLEARED AND GRADED AT ANY TIMEAREA MUST BE TEMPORARILY STABILIZED BEFORENEXT SECTION IS STARTEDCONSTRUCTIONENTRANCECONSTRUCTIONENTRANCE457 457TP-1ATP-2ATP-3ATP-4ATP-5ATP-6ATP-7ATP-8ATP-9ATP-10ATP-11ATHIS SET OF DRAWINGS IS ISSUED FOR THE CONSTRUCTION OF THE MAIN ROAD AND ASSOCIATEDGRADING & DRAINAGE & STORMWATER MANAGEMENT SYSTEMS. DETAILED ARCHITECTURAL LAYOUTSOF THE INDIVIDUAL RESIDENCES HAVE NOT BEEN COMPLETED. GRADING & STORMWATERMANAGEMENT SYSTEMS FOR THE RESPECTIVE LOTS ARE CONCEPTUAL IN DESIGN AND ARE TYPICALFOR THE FOOTPRINTS SHOWN. IT IS RESPONSIBILITY OF THE INDIVIDUAL HOMEOWNER/BUILDER TOOBTAIN THE NECESSARY APPROVALS AND PERMITS FOR THEIR RESPECTIVE DESIGNS.Hutchins Engineering, PLLC291397-01-S13EROSION & SEDIMENT CONTROL PLANprepared for:Cerrone Land Holdings - Upper Sherman Avenue SubdivisionTAX MAP # 301.18-2-1Upper Sherman AvenueTown of Queensbury, Warren County, NYCall Before You DigWait The Required TimeConfirm Utility ResponseRespect The MarksDig With Care800-962-7962www.digsafelynewyork.comDigSafely.New YorkEROSION & SEDIMENT CONTROL NOTES·········STANDARD SPECIFICATIONS FOR SEDIMENT BASINEROSION & SEDIMENT CONTROLDISTURBANCE PHASES···WINTER STABILIZATION STANDARDSEROSION & SEDIMENT CONTROL PLANGRAPHIC SCALE 462.06'N 79°13'19" W467 465465 465462465460460460460460460 460459 458 455455460470470460CONSTRUCTIONENTRANCESLOPE FLATTENINGCLEARING LIMITS4.85 ACRES MAX. TOTALAREA TO BEDISTURBED FORSLOPE FLATTENING1.25 ACRES +/-AREA TO BEDISTURBED FORSLOPE FLATTENING0.5 ACRES +/-AREA TO BEDISTURBED FORSLOPE FLATTENING0.9 ACRE +/-AREA TO BEDISTURBED FORSLOPE FLATTENING1.0 ACRE +/-CONSTRUCTIONENTRANCE FORSLOPE FLATTENINGOPERATIONTP-11A606.46'N 79°26'24" W462.06'N 79°13'19" W4 7 0470 4 6 7 4654 6 5 465 46546546 3 4 6 2 4654604604604604604 6 0 46046046045 9 458 4554554604704704606'typ.typ.1+002+003+009+0010+001 1 + 0 0 12+ 0 0 13+00 14+00 15+00 16+00 17+00 18+00 19+00 20+00 21+0029+0030+0031+0032+0033+0034+00459458457456STA. 4+00ELEV. 454.2460 461462463464467468471466465464463LOW PTSTA. 32+00ELEV. 462 .0 46 4467 460 457 459 458 461 4634654674694714704684664 6 5 465458 467 464 458 456 466 46446 5 470469468467463462462464456 458 460 462460 459 468 467 466 465 46546646947046 3 466 465459 458 457 457 457 462 463 466471472464463468 467 466467470461458466464463PROPOSEDPICKLEBALLCOURT AREAOPEN AREA TO BE DECOMPACTEDLAWN WASTE DEBRIS PILES TO BE MULCHED0.45 MILE OUTERPERIMTER TRAILAREA TO BE RE FORESTEDPROPOSEDPICNICPAVILION20x24CLUSTER MAIL BOX WITHROAD SIDE PARKING ACCESS0.45 MILE OUTERPERIMTER TRAIL4' WIDE MULCHEDTRAIL PATH4' WIDE MULCHEDTRAIL PATHTP-1ATP-2ATP-3ATP-4ATP-5ATP-6ATP-7ATP-9ATP-10ATP-11AHutchins Engineering, PLLC291397-01-S14E&SC PARK PLAN & POCKET PARK PLANprepared for:Cerrone Land Holdings - Upper Sherman Avenue SubdivisionTAX MAP # 301.18-2-1Upper Sherman AvenueTown of Queensbury, Warren County, NYEROSION & SEDIMENT CONTROLNOTES··········EROSION & SEDIMENTCONTROL DISTURBANCEFOR SLOPE FLATTENING········SLOPE FLATTENING EROSION & SEDIMENT CONTROL PLANPOCKET PARK PLANGRAPHIC SCALEGRAPHIC SCALE N 89°42'16" W68.18'N 83°31'40" W93.82'606.46'N 79°26'24" W462.06'N 79°13'19" W216.24'N 79°06'23" WS 08°49'53 " E 388.22' S 07°33'23" E 273.10' 347.64'N 82°28'38" E498.08'N 80°51'31" E502.00'N 82°45'50" E689.00'383.44'N 06°56'16" W612.67'N 06°56'16" WS 10°25'5 3 " E 152.47' 402.73'S 07°55'23" EIRFIRFIPFIPFIPFIPFPPFIPFIPFIPFIPFIRFIRFPPF IRFIRFIRFIPFIPFPPFIPFIPFIPFIPFPPFPPFIPFIRFXX20' NO CUT BUFFER474474473473473473472 472471470470 4 7 0470469 4 6 7 4654 6 5 465 46546546 3 4 6 2 4654604604604604604 6 0 46046046046045 9 458 455455455450450 448447447 4 4 6 44544544 0 440439438437437471447 4554604704704603LTc - 150' SHT - WDS935' S.C.F. - WDSS - 1.7%1L4L2L1S2S3S4STP-1PT-1TP-2PT-2TP-3PT-3TP-4PT-4IT-1Tc - 150' SHT - WDS751' S.C.F. - WDSS - 1.6%Tc - 150' SHT - WDS605' S.C.F. - WDSS - 4.3%Tc - 150' SHT - WDS311' S.C.F. - WDSS - 4.3%TP-1ATP-2ATP-3ATP-4ATP-5ATP-6ATP-7ATP-8ATP-9ATP-10ATP-11AEXISTING DRAINAGESUBCATCHMENTSEXISTING SUBCATCHMENTGRAPHIC SCALE IRFIRFIPFIPFIPFIPFPPFIPFIPFIPFIPFIRFIRFPPFIRFIRFIRFIPFIPFPPFIPFIPFIPFIPFPPFPPFIPFIRFXX474474473473473473472 472471470470 4 7 0470469 4 6 7 4654 6 5 465 46546546 3 4 6 2 4654604604604604604 6 0 46046046046045 9 458 455455455450450 448447447 4 4 6 44544544 0 440439438437437471447 4554604704704606'typ.4'typ.UTILITY EASEMENT0+001+002+003+004+005+006+007+008+009+0010+001 1 + 0 0 12+ 0 0 13+00 14+00 15+00 16+00 17+00 18+00 19+00 20+00 21+0022+0023+0024+0025+0026+0027+0028+0029+0030+0031+0032+0033+0034+00459458457456LOW PTSTA. 4+00ELEV. 454.24 5 5 45 6 45 7 458 459 460 461462463464467468471472HIGH PTSTA. 23+00ELEV. 472.95472471470469468467466 465464463LOW PTSTA. 32+00ELEV. 462 .0 46 4467 460 457 459 458 461 4634654674694714704734724714684664 6 5 465458 467 464 458 456 466 46847046446 5 472470471470 472470473 474 473473472471470469472 471469468467468 467465464463462462 461 463462461460462464459456 458 460 462461461460457457458452 451 452 451 457 455 453452 454 456 45 7 456 454 457 455453452451460 459 454 456 453 455 457 451 450 449 448 447 446 445 444443 442 441 440 439438437 453454 456 455 457 452453454455456457458459460461463461TP-1PT-1TP-2PT-2TP-3PT-3TP-4PT-4IT-11LTc - 100' SHT - LWN526' S.C.F. - WDS4L3L2L468 467 466 465 455455 456 46546646947046 3466 465459 458 457 457 457 462 463 466471472464463468 467 466467473 472471470470461455458 4704664644631S2S3S4S5S6S7S8S9S10S11S12S13S14S15STc - 100' SHT - WD S 97' S.C.F. - WDS183' LWN42' RD Tc - SHT 30' WDS 70' LWNSCF 253' LWNSCF 307' RD Tc - SHT 30' - WDS 70 LWN154' S.C.F. - LWN238' S.C.F. RDTc - SHT 100' - WDS193' S.C.F. - LWN37' S.C.F. RDTc - SHT 65' - WDS 35 LWN146' S.C.F. - LWN184' S.C.F. RDTc - SHT 42' - WDS 58 LWN133' S.C.F. - LWN247' S.C.F. RDTc - SHT 42' - WDS 58 LWN133' S.C.F. - LWN247' S.C.F. RDTc - SHT 20' - ROOF 80 LWN25' S.C.F. - LWN243' S.C.F. RDTc - SHT 100 WDS514' S.C.F. - LWNTc - SHT 24' - ROOF 76 LWN398' S.C.F. - WDS184' S.C.F. - LWN76' S.C.F. RDTc - SHT 100' LWNSCF 230' - LWNTc - SHT 23 ' LWN , 77 ' WDS266' S .C .F . - WDSTc - SHT 100 ' WDS49' S .C .F . - WDS35' S .C . F . - LWN136' S .C .F . RDTc - 100' WDS49' S.C.F. - WDS35' SCF LWN136' S.C.F. RD2P3P4P5P6P7P8P9P13P15P14P12P11P457 457TP-1ATP-2ATP-3ATP-4ATP-5ATP-6ATP-7ATP-8ATP-9ATP-10ATP-11ADEVELOPED DRAINAGESUBCATCHMENTSPORPOSED SUBCATCHMENTGRAPHIC SCALE DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS CHARGES AND LIENS OF __________________ HOMEOWNERS ASSOCIATION, INC. Cerrone Land Holdings, LLC, Sponsor 1589 Saratoga Road Fort Edward, New York 12828 Date of Declaration: __________________________, 202__ R & R to Attorney for Sponsor: Bartlett, Pontiff, Stewart & Rhodes, P.C. 1 Washington Street Glens Falls, New York 12801 (518) 792-2117 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, CHARGES AND LIENS OF __________________ HOMEOWNERS ASSOCIATION, INC. THIS DECLARATION, and all Amendments thereto, made and dated the _____ day of _____________, 202_, by Cerrone Land Holdings, LLC, a New York limited liability company with an address of 1589 Saratoga Road, Fort Edward, New York 12828 (hereinafter “Sponsor”). W I T N E S S E T H: WHEREAS, Sponsor owns certain parcels of real property located off of Upper Sherman Avenue in the Town of Queensbury, Warren County, New York, said parcels being more particularly bounded and described in Schedule “A”, attached hereto and by reference made a part hereof, and WHEREAS, the said premises described at Schedule “A” herein consist of 45 lots upon which will be constructed up to 45 single family detached homes. The Association will be responsible for the maintenance of the Association lands consisting of three parcels of 1.70 acres, 12.2 acres and 1.54 acres in size to be conveyed to the __________________ HOMEOWNERS ASSOCIATION, INC., and facilities such as pickle ball courts, mailboxes and trails outlined in the repairs and maintenance budget of the offering, and WHEREAS, the Sponsor desires to provide for the preservation of the values in said residential community and, to this end, hereby subjects the Lots described in Schedule “A” to the Covenants, Conditions, Restrictions, Easements, Charges and Liens (sometimes hereinafter referred to as the "Covenants, Conditions and Restrictions") hereinafter set forth, each and all of which is and are for the benefit of said Property and each Member of the Association referred to herein, and to provide for the future subjection of such other areas as may not be initially developed to such Covenants, Conditions and Restrictions, and WHEREAS, the Sponsor has deemed it desirable for the efficient preservation of the values in said residential community to create an organization to which should be delegated and assigned the powers of (i) maintaining the Association Property and facilities such as pickle ball courts, mailboxes and trails; (ii) administering and enforcing the Covenants, Conditions and Restrictions; and (iii) collecting and disbursing the assessments and charges hereinafter created; and WHEREAS, the Sponsor has incorporated ________________ HOMEOWNERS ASSOCIATION, INC. under the Not-for-Profit Corporation Law of the State of New York for the purpose of exercising the aforesaid functions, NOW, THEREFORE, the Sponsor, for itself, its successors and assigns, declare that the real property described in Article II of this Declaration, more particularly described and set forth in Schedule “A” attached hereto, is and shall be held, transferred, sold, conveyed and occupied subject to the Covenants, Conditions, Restrictions, Easements, Charges and Liens hereinafter set forth. 2 ARTICLE I DEFINITIONS Section 1.01. Definitions. The following words, phrases or terms when used in this Declaration or in any Supplemental Declaration shall, unless the context otherwise prohibits, have the following meanings: (a)ASSESSMENTS shall mean and refer to charges for the maintenance and operation of Association Property as described in Article V of this Declaration and includes Special Assessments for capital improvements, maintenance assessments and any other charges deemed to be assessments pursuant to the Declaration and By-Laws. (b)ASSOCIATION or HOMEOWNERS ASSOCIATION shall mean and refer to the ________________ HOMEOWNERS ASSOCIATION, INC. (c)ASSOCIATION PROPERTY shall mean and refer to the vacant parcels of the Association, all easements, rights and appurtenances belonging thereto, intended for use in connection herewith, as are subject to this Declaration, and sometimes referred to as the "Property." (d)BOARD OF DIRECTORS shall mean and refer to the Board of Directors elected by the Members and/or appointed by the Sponsor to administer the affairs of the Homeowners Association, and sometimes referred to as the "Board." (e)BY-LAWS shall mean and refer to the By-Laws of the Homeowners Association as attached hereto as Schedule "B," as the same may be amended from time to time. (f)DECLARATION shall mean and refer to this document of protective Covenants, Conditions, Restrictions, Easements, Charges and Liens of ________________ HOMEOWNERS ASSOCIATION, INC. as the same may be supplemented, extended or amended from time to time. (g)HOME shall mean and refer to each completed dwelling Home, situated in the residential community (as evidenced by a Certificate of Occupancy issued by the Town of Queensbury, County of Warren). By accepting delivery of a deed conveying title to such a Home or Lot, the grantee automatically becomes a member of the ________________ HOMEOWNERS ASSOCIATION, INC. Said membership is mandatory. Unless the context clearly indicates otherwise, the term "Home" shall be deemed to include the term "Lot". All of such completed dwelling Homes are collectively referred to as the "Homes". (h)LAND shall mean and refer to the real property as is subject to this Declaration located in the Town of Queensbury, Warren County, New York, more particularly described in Schedule "A" attached hereto and made a part hereof (i)LOT shall mean and refer to any portion of the Land which is (i) identified or intended to be identified as a separate parcel on the tax records of the Town of 3 Queensbury, Warren County, New York, or (ii) shown as a separate Lot upon any recorded or filed subdivision map in the Warren County Clerk's Office. (j)MEMBER shall mean and refer to each holder of membership interest in the Association, as such interests are set forth and described in Article III hereof. (k)OFFERING PLAN or PLAN shall mean and refer to the CPS-7 Documents filed with the Department of Law relating to the Association and any amendments thereto. (l)OWNER shall mean and refer to the holder of record title, whether one or more persons or entities, of (i) fee simple title to any Home or Lot, whether or not such holder actually resides in such Home; or (ii) the fee interest in any Home or Lot subject to the Declaration, and shall include the Sponsor with respect to any unsold Home(s). All such Owners are collectively called "Home Owners". (m)PERSON shall mean and refer to an individual, a corporation, a partnership, a trust, an unincorporated organization or any other entity. (n)PROJECTED HOME shall collectively mean and refer to any Home contemplated for construction on any parcel of land covered by this Declaration. (o)RULES AND REGULATIONS shall mean and refer to the Rules and Regulations of the Association governing the use and care of the Association Property as may be set forth in this Declaration, the By-Laws or promulgated by the Sponsor or the Board of Directors pursuant to the By-Laws, as the same may be amended from time to time. (p)UPPER SHERMAN SITE PLAN or SITE PLAN shall mean and refer to the Site Plan attached hereto as Schedule "C." (q)SPONSOR shall mean and refer to CERRONE LAND HOLDINGS, LLC, its successors and assigns. (r)TRANSFER OF CONTROL DATE shall mean and refer to the date on which (i) the Sponsor has transferred title to 75% of its 45 Lots in the residential community, or (ii) five (5) years after the Sponsor has recorded this Declaration, whichever first occurs. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION: ADDITIONS THERETO Section 2.01. The Property. The real property to be held, transferred, sold, conveyed and occupied subject to this Declaration is located in the Town of Queensbury, Warren County, New York, all of which property is more particularly described in Schedule "A" attached hereto and made a part hereof. 4 Section 2.02. Additional Property. (a)Upon approval in writing of the Association pursuant to a vote of its members as provided in its By-Laws, the owner of any property who desires to add it to the scheme of this Declaration and to subject it to the jurisdiction of the Association may do so. (b)Until the Transfer of Control Date, the provisions of this Section 2.02 may not be amended without the prior written consent of the Sponsor. ARTICLE III THE ASSOCIATION: STRUCTURE AND MEMBERSHIP Section 3.01. Formation of the Association. Pursuant to the Not-for-Profit Corporation Law of the State of New York, the Sponsor has formed the Association to maintain and operate the property, including but not limited to the appurtenances to be maintained by the Association ("Maintenance Assessments"); enforce the Covenants, Conditions and Restrictions set forth in this Declaration and to have such other specific rights, obligations, duties and functions as are set forth in this Declaration, the Certificate of Incorporation and By-Laws of the Association, as the same may be amended from time to time. Subject to the additional limitations provided in this Declaration, the By-Laws and the Certificate of Incorporation, the Association shall have all the powers and be subject to the limitations of a not-for-profit corporation as contained in the New York State Not-For-Profit Corporation Law, as the same may be amended from time to time. Section 3.02. Membership. The Association shall have as Members only Owners of Homes, Lots and/or Projected Homes of ________________ HOMEOWNERS ASSOCIATION, INC. All Owners shall, upon becoming such, be deemed automatically to have become members and there shall be no other qualification for membership. Membership shall be appurtenant to, and shall not be separated from, the ownership of the interest described in the definition of the word "Owner" as found in Article I of this Declaration. Ownership of such Home and/or Lot shall be the sole qualification for membership. Section 3.03. Holder of Security Interest Not a Member. Any person or entity which holds an interest in a Home merely as security for the performance of an obligation shall not be a Member and shall have no voting rights. Section 3.04. Sponsor's Written Consent Necessary for Certain Actions Taken by Board of Directors. (a)Notwithstanding anything to the contrary contained in this Declaration, until the Transfer of Control Date, the Board of Directors may not, without the Sponsor's prior written consent, which consent will not unreasonably be withheld, except for necessary repairs, alterations, additions or improvements required by law or by any government agency or the Board of Fire Underwriters: (i) make any repair, addition, alteration or improvement to the Association Property; (ii) assess any amount for the creation of, addition to or replacement of all or part of a reserve, contingency or surplus fund in excess of an amount equal to the proportion of the then existing budget which the amount of reserves in the initial budget of 5 estimated expenses for the Association bears to the total amount of such initial budget of estimated expenses; (iii) hire any employee in addition to the employees, if any, provided for in the initial budget of the Association; (iv) enter into any service or maintenance contract for work not provided for in the initial budget, except for the maintenance of an improvement not in existence or owned by the Association at the time of filing of this Declaration; (v) borrow money on behalf of the Association; or (vi) reduce the quantity or quality of services or maintenance of the Property. (b)This Section shall not be amended without the prior written consent of the Sponsor until the Transfer of Control Date. ARTICLE IV PROPERTY RIGHTS AND EASEMENTS Section 4.01. Association Property. The Association shall own the real property to be conveyed to the Association. The Association shall own the real property and appurtenances, all of which are to be located on the Association Property. The Association shall have an obligation in perpetuity for the maintenance and repair of the appurtenances. ARTICLE V ASSESSMENTS - ALLOCATION, LIEN AND LIABILITY Section 5.01. Creation of the Lien. The Sponsor, for each Lot owned by it within the community, which is within the scope of this Declaration of Covenants, Conditions and Restrictions, hereby covenants, and each Owner of any Lot by acceptance of a deed or other instrument of conveyance therefore, whether or not it shall be expressed in such deed or other instrument, shall be deemed to covenant and agree to pay to the Association: (a)Annual assessments of charges for the maintenance and operation of the property, including but not limited to the maintenance, repair and replacement of the appurtenances ("Maintenance Assessments"); and (b)Special assessments for capital improvements ("Special Assessments"); and (c)Property taxes on Association Property, if any. The Maintenance Assessments and the Special Assessments together being referred to herein as "Assessments". The Assessments shall be fixed, established and collected from time to time as hereinafter provided. Section 5.02. Basis. The Association's Board of Directors shall, from time to time, but at least annually, fix and determine the budget representing the sum or sums necessary and adequate for the continued operation of the Association and shall send a copy of the budget and any supplement to the budget to each Owner at least thirty (30) days prior to assessing the Owners thereon. The Board shall determine the total amount required, including the operational items such as insurance, repairs, reserves, maintenance and other operating expenses, as well as charges to cover any deficits from prior years and capital improvements approved by the Board. 6 The total annual requirements, and any supplemental requirements, shall be allocated between, assessed to, and paid by the Owners as follows: Each Owner shall pay a portion of said requirements, the numerator of which shall be one (1) and the denominator of which shall be equal to the number of Lots subject to this Declaration of Covenants, Conditions and Restrictions. However, the Sponsor's obligation for such Assessments on Unsold Lots shall be limited to the difference between the actual operating expenses of the Association, including reserves, if any, and Assessments levied on all Owners. In no event, however, will the Sponsor be required to make a deficiency contribution in an amount greater than it would otherwise be liable for if it were paying assessments on unsold Lots. The sum due the Association from each individual Lot Owner shall constitute an Assessment of the Board of Directors, and unpaid Assessments shall constitute liens on the individual Lots, subject to foreclosure as hereinafter provided. Section 5.03. Purpose. The purpose of the Maintenance Assessments shall be to fund the maintenance, repair, replacement and improvement of the Association Property if any, and the property to be maintained by the Association which includes the maintenance, repair and replacement of the Private Road and related appurtenances and the promotion of the safety and welfare of the Owners, including, but not limited to: (a)all casualty, liability and other insurance covering the Property, and the Association's directors and employees, if any, obtained pursuant to Article XII of this Declaration; (b)landscaped and green areas and any other facilities that may be added to the Association Property; (c)the cost of labor, equipment, materials, management and supervision thereof; (d)accounting and record keeping of all Association financial transactions; and (e)legal, architect, engineering and other professional fees and disbursements; and (f)such other needs as may arise and which the Board of Directors deems appropriate or desirable to meet. Section 5.04. Date of Commencement and Notice Thereof. The Assessments provided for herein shall commence on the day the first Lot is conveyed by the Sponsor to the initial purchaser. The first Assessments shall be adjusted according to the number of months remaining in the fiscal year as established by the Board of Directors and such Assessments shall thereafter be on a full year basis, payable annually unless changed by the Board of Directors. Section 5.05. Change in the Basis. (a)The Association may change the basis of determining the Maintenance Assessment by obtaining the vote of not less than two-thirds (2/3) of all Members, excluding the Sponsor, voting in person or by proxy except that: (i) until the Transfer of Control Date, any change in the basis of Assessments which adversely affects the interest or right of the Sponsor with respect to unsold Lots 7 shall require the prior written consent of the Sponsor, which consent shall not be unreasonably withheld, and (ii) no such change shall be made if first Mortgagees of one-third (1/3) or more of the Lots advise the Association in writing, prior to the date or initial date set for voting on the proposed change, that they are opposed to such change, which opposition must be not unreasonable. Written notice of such change shall be sent to all Owners and first Mortgagees of Lots whose names appear on the records of the Association at least thirty (30) days in advance of the date or initial date set for voting thereon. A written certification of any such change shall be executed by the Board of Directors and recorded in the Office of the Clerk of the County of Warren, State of New York. (b)Any change in the basis of Assessments shall be equitable and non- discriminatory. Section 5.06. Special Assessments for Capital Improvements. In addition to the annual Maintenance Assessment, the Association may levy a Special Assessment, payable in the year levied and/or the following year only, for the purpose of defraying, in whole or in part, the cost of any capital improvements, including without limitation, the construction, reconstruction, replacement, or repair of a capital nature to the Association Property, including the necessary fixtures and personal property related thereto; provided that for any Special Assessment for the construction (rather than reconstruction or replacement) of any capital improvement, and for any Special Assessment amounting to more than twenty-five (25%) of the then current amount of annual Maintenance Assessments, the consent of two-thirds (2/3rds) of the Members who are present in person or represented by proxy at a meeting duly called for this purpose is obtained. Written notice of such vote shall be sent to all Members at least thirty (30) days in advance setting forth the purpose of the meeting. The Association shall establish one or more due dates for each payment or partial payment of each Special Assessment and shall notify each Member thereof in writing at least thirty (30) days prior to the first such due date. Section 5.07. Assessments: Personal Obligation of the Member and Lien on Lot. The Assessments shall be paid when due. All sums assessed by the Board of Directors but unpaid, together with any accelerated installments, late charges (not exceeding ten percent of the amount of the overdue Assessment or portion thereof) and fees for violations of such Rules and Regulations as may be established by the Association By-Laws and interest thereon at such rate as may be fixed by the Board of Directors, from time to time (such rate not to exceed the maximum rate of interest then permitted by law), shall be the personal obligation of an Owner and shall constitute a lien upon the Owner's Lot prior to all other liens except: (i) tax or assessment liens on the Home or Lot by the taxing subdivision of any governmental authority, including but not limited to state, county, city, town and school district taxing agencies; and (ii) all sums unpaid on any First Mortgage of record encumbering any Lot. Assessments shall be levied on an annual basis and shall be due and payable on a monthly basis unless the Board of Directors establishes other periods for payment, except that, if an installment of Assessments is not paid within thirty (30) days from date due, the Board of Directors may accelerate the remaining installments, if any, upon notice thereof to the delinquent Owner. The Board of Directors may offer a discount on an Assessment if paid in full in advance. All costs and expenses incurred in collection of past due assessments, including reasonable attorneys' fees, shall also be the personal obligation of the Owner and shall be added to and constitute an Assessment payable by such Owner. 8 Section 5.08. Foreclosure of Lien for Unpaid Assessments. The lien for past due Assessments may be foreclosed by the Association in accordance with the laws of the State of New York in like manner as a mortgage on real property, and the Association shall also have the right to recover all costs incurred by it in pursuing such right, including reasonable attorneys' fees. In the event the proceeds of the foreclosure sale are not sufficient to pay such unpaid Assessments, the unpaid balance shall be charged equally to all Owners. However, where the holder of a First Mortgage of record, or other Purchaser of a Lot at a foreclosure sale of a First Mortgage, obtains title to the Lot as a result of foreclosure, or the First Mortgage holder obtains title by conveyance in lieu of foreclosure, such acquires of title, his successors or assigns, shall not be liable for, and the Lot shall not be subject to a lien for the payment of Assessments chargeable to such Lot which were assessed and became due prior to the acquisition of title to such Lot by such acquires. In such event, the unpaid balance of Assessments shall be charged equally to all other Owners. Section 5.09. Notice of Default. The Board of Directors, when giving notice to an Owner of a default in paying Assessments, may, at its option, or shall, at the request of a mortgagee, send a copy of such notice to each holder of a mortgage covering such Lot whose name and address appears on the Board's records. The Mortgagee shall have the right to cure the Owner's default with respect to the payment of said Assessments. Section 5.10. No Exemption or Waiver of Assessments. Each Owner shall pay the Assessments assessed against him when due, and no Owner may exempt himself from liability for the payment of Assessments so assessed against him by waiver of the use or enjoyment of any of the Association Property or by the abandonment of his Lot. However, no Owner shall be liable for the payment of any Assessments accruing subsequent to a sale, transfer or other conveyance by him of such Lot made in accordance with Section 339-x of the Real Property Law or in accordance with the provisions of this Declaration and the accompanying By-Laws. Section 5.11. Grantee to be Liable with Grantor for Unpaid Assessments. In any conveyance of a Lot either by voluntary instrument, operation of law or judicial proceeding in accordance with this Declaration or the By-Laws, the Grantee of the Lot shall be jointly and severally liable with the Grantor for any unpaid Assessments against the latter, assessed and due up to the time of the grant or conveyance without prejudice to the Grantee's right to receive from the Grantor the amounts paid by the Grantee therefore. "Grantee" as used herein shall not include either the holder of a First Mortgage of record or a Purchaser of a Lot at a foreclosure sale of a First Mortgage. Section 5.12. Right to Maintain Surplus. The Association shall not be obligated in any calendar year to spend all the sums collected by it in such year by way of assessments or otherwise, and may carry forward as surplus any balances remaining; nor shall the Association be obligated to apply any such surpluses to the reduction of the amount of the Assessments in the succeeding year, but may carry forward from year to year such surplus as the Board of Directors, in its absolute discretion, may determine to be desirable for the greater financial security and the more efficient effectuation of the purposes of the Association. Section 5.13. Assessment Certificates. Upon written demand of an Owner or Lessee with respect to a Lot which he owns or leases (or any prospective purchaser, lessee, occupant, mortgagee or title insurer of such Lot), the Association shall, within a reasonable period of time, issue and furnish a certificate in writing signed by a designee of the Association setting forth 9 with respect to such Lot as of the date of such certificate: (i) whether the Assessments, if any, have been paid; (ii) the amount of such Assessments, including interest and costs, if any, due and payable as of such date; and (iii) whether any other amounts or charges are owing to the Association, e.g., for the cost of extinguishing a violation of this Declaration, the By-Laws or the Rules and Regulations. A reasonable charge, as determined by the Board of Directors, may be made for the issuance of such certificates. Any such certificate, when duly issued as herein provided, shall be conclusive and binding with regard to any matter therein stated as between the Association and any bona fide purchaser or lessee of, or lender on, or title insurer of, the Lot with respect to which such certificate has been issued. Section 5.14. Exempt Property. Property subject to this Declaration shall be exempt from Assessment charges and liens created herein to the extent of any easements or other interest therein dedicated and accepted by local public authority and devoted to public use. ARTICLE VI MAINTENANCE, REPLACEMENT AND REPAIR Section 6.01. Repairs and Maintenance by the Association. (a)Except as specifically otherwise provided in this Article VI, all maintenance, repair, and replacements of Association Property, including but not limited to landscaped areas for Association Property and utility lines, which are not the responsibility of a municipality, public authority, special district, utility company or cable television company and which service more than one Lot, shall be the responsibility of, and shall be undertaken at the cost and expense of the Association. (b)Subject to the provisions of Section 6.02 hereof, the cost of all maintenance, repair and replacements, performed by the Association shall be funded from Maintenance Assessments. Section 6.02. Repairs and Maintenance Which are not the Responsibility of the Association. (a)Except as otherwise provided in Section 6.01 above, the Association shall not be responsible for (i) the maintenance, repair or replacement of any buildings, structures or landscaped areas not owned by the Association, or (ii) the repair, replacement or maintenance of any water lines or other utility lines servicing only one Lot or which are maintained, repaired and/or replaced by a municipality, public authority, special district, utility company or cable television company. Section 6.03. Repairs and Maintenance Which are the Responsibility of the Owners. (a)Except as provided in Section 6.01 herein, each Owner shall be responsible for the maintenance, repair and/or replacement of the interior of his Home, together with the maintenance, repair and/or replacement of the exterior of his Home, his driveway, sidewalk, lawn care and shrubs and trees within his Lot and any water lines or other utility lines not servicing only that Owner’s Lot or which are 10 maintained, repaired and/or replaced by a municipality, public authority, special district, utility company or cable television company. (b)In the event an Owner fails to make necessary maintenance, replacement or repair to his Home or Lot which is considered necessary to protect any of the Property or any other Home or Lot, or maintain the value of the Property, the Board of Directors shall have the right to enter upon an Owner's Home or Lot to make such maintenance, replacement or repair upon ten (10) days' written notice to the Owner, or oral or written notice of shorter duration in the event of an emergency, and to charge the Owner for the cost of all such maintenance, replacement or repair to the Owner's Home or Lot. The cost for such maintenance, replacement or repair to the Owner's Home or Lot provided by the Homeowners Association shall constitute an assessment as defined in this Declaration and, in the event the Owner fails to make prompt payment, the Board of Directors shall be authorized to enforce this assessment as provided for in this Declaration. (See Article V.) Section 6.04. Access for Repairs. The Association (and its employees, contractors and agents) shall, upon reasonable notice to the Owner and/or occupant, have the right to enter upon any portion of the Property and into and upon any Home or Lot, at any reasonable hour, to carry out its functions as provided for in this Declaration, except that in an emergency, the Association shall have the right, without notice, to enter upon any portion of the Property and into any Home to make necessary repairs or to prevent damage to any other Home or any portion of the Property. ARTICLE VII Intentionally Omitted ARTICLE VIII Intentionally Omitted ARTICLE IX COVENANTS AND RESTRICTIONS Section 9.01. Covenants and Restrictions. Sponsor hereby restricts the use and enjoyment of said Lots and to impose on said Lots certain Covenants and Restrictions, and does hereby declare that all of said Lots except as specifically provided shall be held and shall be conveyed subject to the following Covenants and Restrictions: (a)RESIDENTIAL USE: No part of any Lot shown on said Site Plan shall be used for any purpose, other than residential except as provided below. No structure shall be erected on any Lot or any part thereof, other than a detached single- family residence (with attached garage) on a permanent foundation, not to exceed two stories in height (excluding garden level or walkout style basement) and one shed as provided in Section 9.01 (f) below. No trade, business or profession of any kind shall be conducted upon any Lot or any part thereof except (i) Sponsor may use a residence as a model home and sales office for the purpose of selling 11 the Lots and (ii) Owners or occupants may work from home in a residence in a home office. (b)CONSTRUCTION APPROVAL: No construction of a new residence on a vacant Lot shall be commenced without written approval of the Final Plans, by Sponsor, its successors and/or assigns, or by the Board of Directors after the Transfer of Control Date. (c)SUBDIVISION OF LOT: No more than one single-family residence shall be placed on any Lot shown on said Site Plan. No Lot on said Site Plan shall be further subdivided, except with the written consent of Sponsor, its successors and/or assigns or by the Board of Directors after the Transfer of Control Date, for the sole purpose of increasing the size of an existing Lot or modifying the boundary line between two Lots. (d)DWELLING SIZE: On any Lot, no single-family residence shall be constructed having less than 1,250 square feet of finished living area under roof, exclusive of porches, terraces, garages, etc. (e)OFF-SITE CONSTRUCTION: No buildings shall be constructed and placed on the Lot, except where said buildings are constructed on-site. This off-site construction restriction prohibits the location on a Lot of a “pre-fab” residence, “modular home”, “mobile home” and/or “doublewide mobile home”, regardless of the permissibility of said construction in the Town of Queensbury, except factory built wood frame utility sheds shall be allowed. (f)SECONDARY DWELLING: No trailer, tent, shack or utility shed or other outbuilding shall at anytime be placed upon any Lot or used as a residence, either temporarily or permanently, except each Lot shall be permitted one (1) woodframe utility shed not to exceed three hundred (300) square feet, for storage purposes only. The design, size and location of the shed shall be subject to the Queensbury Zoning Ordinance and be earth tone in color. (g)SEWAGE DISPOSAL: Sewage Disposal with each Lot shall be by means of an on-site septic system the same as, or equal to, the system approved by the New York State Department of Health and shown on said Site Plan, and said sewage disposal system shall be constructed in the approximate location shown on said Site Plan for each Lot unless an alternative location is approved by Sponsor, its successors and/or assigns, and the Town of Queensbury Building Department. (h) SOLID WASTES: No Lot shall be used or maintained as a dumping ground for rubbish. Normal household trash, garbage or other waste shall be stored in sanitary containers that are not visible from the roadway or adjoining Lots. No incinerators or other equipment for the disposal of such material shall be used or kept on a Lot. (i) RADIO AND TELEVISION ANTENNAS AND SATELLITE DISHES: (1) No exposed or exterior radio transmission or receiving antennas shall be erected, placed or maintained on any Lot except with the written consent 12 of Sponsor, its successors and/or assigns or by the Board of Directors after the Transfer of Control Date in its sole discretion or a majority of the Lot Owners. (2) No satellite dishes exceeding 18" in diameter may be erected, placed or maintained on any Lot except in the rear yard of a Lot, and such placement shall not be in view from any road. (3)Conventional television reception antennas shall not be permitted on any Lot. (j) VEHICLES. (1)No trucks (other than pickup trucks) and commercial type vehicles shall be stored or parked on any Lot, except when parked in an enclosed garage or when on a Lot for the purpose of providing services to the Lot Owner. (2) No motor vehicles utilized for non-commercial purposes, shall be placed, stored or parked on a Lot, unless said motor vehicle is currently registered with a State Department of Motor Vehicles or is parked in an enclosed garage. (3) No motor homes, recreational vehicles including snowmobiles and ATV’s, trailers or boats may be stored on any Lot, except while parked or stored in an enclosed garage or behind the residence out of view from the Private Road. (k) ANIMALS. No animals, livestock, horses or poultry shall be raised, kept or bred, on any Lot, except cats or dogs or other domesticated common household pets, provided that said common household pets are not raised, kept or bred for any commercial purpose. (l)SIGNS: No sign of any kind shall be displayed to the public view on any Lot except: one (1) sign of not more than five (5) square feet advertising the property For Sale or For Rent; signs used by a builder to advertise the property during construction and sale; or signs granted by Sponsor, its successors and/or assigns, promoting the development or advertising for sale of Lots or residences. (m)FENCES: (1) A fence of the type indicated below and not exceeding 6 feet in height may be installed only along the side yards behind the residence and at the rear of a Lot, and all other fences on a Lot shall be prohibited. (2) Allowed Fence Types: (a) a well maintained cedar (earth tone color), or (b) a black aluminum or steel wrought iron picket fence. (3) All fence installations shall require prior written approval from the Sponsor, its successors and/or assigns or by the Board of Directors after the Transfer of Control Date, and a permit from the Town of Queensbury Building Department and must comply with the Town of Edinburg Zoning Ordinance. 13 (n)UTILITY LINES AND EASEMENTS: (1) All Lots are subject to and benefitted by public utility easements recorded or to be recorded. (2) Sponsor, its successors and/or assigns, hereby expressly reserve from each Lot, an easement in a strip of land ten (10) feet wide, immediately adjacent to the street lines shown on said Site Plan for the purpose of underground installation of public utility lines, fixtures and appurtenances. No structure shall be built on the reserved easement area and said area shall at all times be open to Sponsor, its successors and/or assigns, and any public utility which may require the use of said easement. (o)NO CUT BUFFER. No Owner of Lots 7 through 18 as shown on the Site Plan shall cut or remove any existing vegetation located on the 20' no cut area buffer shown on the Site Plan. THE BOARD OF DIRECTORS OF THE ASSOCIATION MAY PROMULGATE SUCH OTHER RULES AND REGULATIONS, FROM TIME TO TIME, AS MAY BE NECESSARY TO PRESERVE AND ENHANCE THE PROPERTY SUBJECT TO THIS DECLARATION. ARTICLE X DURATION, ENFORCEMENT AND AMENDMENT OF DECLARATION Section 10.01. Duration. This Declaration shall continue until: (i) terminated by casualty loss, condemnation or eminent domain, (ii) twenty (20) years from the date of the Declaration and continued automatically for additional periods of ten (10) years each unless otherwise agreed to by a vote of Owners by at least eighty percent (80%) of authorized votes, or (iii) such time as withdrawal of the Property from the provisions of this Declaration is authorized by a vote of Owners by at least eighty percent (80%) of Authorized Votes. No such votes shall be effective without a written consent of Mortgagees, if any. Sponsor will not vote its interests appurtenant to Unsold Lots or Homes for such withdrawal unless at least eighty percent (80%) of all other Owners so elect for such withdrawal, at which time Sponsor may vote as he sees fit. Section 10.02. Declaration Runs With the Land. The provisions of this Declaration shall bind the Property and shall be construed as running with the land and shall inure to the benefit of and be enforceable by the Sponsor and the Association (being hereby deemed the agent for all of its Members), and by any Owner, his respective legal representatives, heirs, successors and assigns, by actions at law or by suits in equity. As it may be impossible to measure monetarily the damages which may accrue to the beneficiaries hereof by reason of a violation of this Declaration, any beneficiary hereof shall be entitled to relief by way of injunction or specific performance, as well as any other relief available at law or in equity, to enforce the provisions hereof. 14 Section 10.03. Enforceability. (a)Each Member of the Association and each person or entity acquiring an interest in a Home or Lot or other portion of the Property, or otherwise occupying any portion of the Property (whether or not the deed, lease or any other instrument by which he becomes a Member or becomes subject to the provisions of this Declaration incorporates or refers to this Declaration) covenants and agrees for himself and for his heirs, successors and assigns, to observe, perform and be bound by the provisions of this Declaration, including personal responsibility for the payment of all charges which may become liens against his property and which become due while he is a Member of the Association or during any tenancy, and also covenants to incorporate this Declaration by reference in any deed, lease or other Instrument further transferring an interest in his Home or Lot or other portion of the Property. (b)In addition or as an alternative to an action at law or suit in equity, the Board of Directors of the Association may, with respect to any violation of this Declaration or of the By-Laws or Rules and Regulations of the Association or of any committee of the Association, and after affording the alleged violator a reasonable opportunity to appear and be heard, establish monetary and non- monetary penalties, the amount and/or severity of which shall be reasonably related to the violation and to the aim of deterring similar future violations by the same or any other person. Monetary penalties imposed against a Member or Home occupant shall be deemed an Assessment against the Home of such Member or on which the Home occupied by such occupant is located and, as such, shall be a charge and continuing lien upon such Home, shall constitute a personal obligation of the Owner and shall be collectible in the same manner as Assessments under Article V of this Declaration. Section 10.04. No Waiver for Failure to Enforce. The failure of any beneficiary hereof to enforce any provision of this Declaration shall in no event be construed as a waiver of the right by that beneficiary or any other to do so thereafter, as to the same or a similar violation occurring prior or subsequent thereto. No liability shall attach to the Sponsor, the Association (or any Director, employee, Member, agent, committee or committee member thereof, or to any other person or organization for failure to enforce the provisions of this Declaration. Section 10.05. Default Notices to be Sent to Mortgagees. Each Owner shall notify the Association of the name of the mortgagee of such Owner's Home, if any. Upon receipt of such notice, the Association shall thereafter provide such mortgagee with a duplicate copy of any notice of default sent to such Owner with regard to the violation by such Owner of any provision of this Declaration. Section 10.06. Amendment. (a)Subject to Subparagraph (b) of this Section, this Declaration may be modified, altered or amended by unanimous written consent of the Members or at any duly called meeting of Members provided that: 15 (i)A notice of the meeting containing a full statement of the proposed modification, alteration, or amendment has been sent to all the Members on the books and records of the Association no less than thirty (30) days nor more fifty (50) days prior to the date of the meeting; and (ii)Two-thirds (2/3) of all Members of the Association approve the change; and (iii)An instrument evidencing the change is duly recorded in the Office of the Warren County Clerk. Such instrument need not contain the written consent of the required number of Members, but shall contain a certification by the Board of Directors of the Association that the consents required by this Section for such change have been received and filed with the Board of Directors. (b)Until the Transfer of Control Date, the prior written consent of the Sponsor shall be required for any amendment which adversely affects a substantial interest or right of the Sponsor (as determined by the Sponsor in its sole judgment) to become effective, which consent may not be unreasonably withheld. Section 10.07. Conflict with Municipal Laws. The protective Covenants, Conditions and Restrictions set forth herein shall not be taken as permitting any action or thing prohibited by the applicable zoning laws, or the laws, ordinances, rules or regulations of any governmental authority, or by specific restrictions imposed by any deed or lease. Section 10.08. Attorney's Fees. Any party to a proceeding who succeeds in enforcing a Covenant, Condition or Restriction or enjoining the violation of a Covenant, Condition or Restriction against an Owner (or such Owner's tenant, lessee, licensee or invitee), shall be entitled to reasonable attorney's fees against such Owner. Section 10.09. Change of Conditions. No change of conditions or circumstances shall operate to amend any of the provisions of this Declaration, and the same may be amended only in the manner provided herein. Section 10.10. Member Responsible for Tenants. Any lease of a Home shall provide that the tenant shall comply in all respects with the terms of this Declaration, the By-Laws and Rules and Regulations, if any, of the Association. If a tenant is in violation of this Declaration, the By- Laws or Rules and Regulations, the Board of Directors shall so notify the Owner of such Home which such tenant occupies, in writing by certified mail, return receipt requested. If the violation is not cured or eviction proceedings commenced by the Owner against the tenant within fourteen (14) days after the Owner has received notice of such violation, the Board of Directors may pursue any remedies which it may have pursuant to this Declaration. Section 10.11. Inspection and Entry Rights. Any agent of the Association with the authorization of the Board of Directors may, at any reasonable time or times, upon not less than twenty-four (24) hours notice to the Owner and/or occupant, enter upon a Home or other portion of the Property to inspect the improvements thereon for the purpose of ascertaining whether the maintenance, construction or alteration of structures or other improvements thereon comply with this Declaration, or with the By-Laws or Rules and Regulations issued pursuant hereto. Neither 16 the Association nor any such agent shall be deemed to have committed a trespass or other wrongful act by reason of such entry or inspection. Section 10.12. Abatement and Enjoining of Violations. The violation of any Rule or Regulation adopted by the Board of Directors, or the breach of the By-Laws or the breach of any provision of this Declaration, shall give the Board of Directors the right, in addition to any other rights set forth in this Declaration or the By-Laws: (a)to enter the Home or Lot in which, or as to which, such violation or breach exists, subject to terms contained herein in this Section 10.13, and to summarily abate and/or remove the condition causing the violation at the expense of the defaulting Owner, and the Board of Directors (and its employees, contractors and agents) shall not thereby be deemed guilty in any manner of trespass; (b)to enjoin, abate or remedy by appropriate legal proceedings, either at law or in equity, the continuance of any such breach; and (c)to establish a penalty in accordance with Section 10.15 herein. Notwithstanding anything to the contrary herein, the Board of Directors shall not alter or demolish any item of construction unless it shall have first instituted appropriate judicial proceedings. If, thirty (30) days after written notice of any such violation or breach has been given to the Board of Directors by any one or more Owners, and the Board of Directors has failed to take any action to remedy such violation or breach, then one or more aggrieved Owners shall have the right to enjoin, abate or remedy the continuance of any such violation or breach by appropriate legal proceedings at law or in equity. Prior to exercising such right, the Board of Directors, or the aggrieved Owner or Owners, as the case may be, shall, if reasonably possible, notify the Owner and the Mortgagee (if known) of the Home or Homes or Lots involved and provide a reasonable amount of time for the cure of such violation or breach by the Owner or the Mortgagee. Section 10.13. Obligation and Lien for Cost of Enforcement. If an action is successfully brought to extinguish a violation or breach of the Rules and Regulations, or to successfully enforce the provisions of this Declaration or the By-Laws, the cost of such action, including legal fees, shall become a binding personal obligation of the violator, if an Owner, or the Owner responsible for such violator and such cost shall also be a lien upon the Lot or Lots of such Owner. Section 10.14. Penalties and Fines. In addition or as an alternative to an action at law or suit in equity, the Board of Directors may, with respect to any violation of this Declaration, the By-Laws or the Rules and Regulations, and after affording the alleged violator a reasonable opportunity to appear and be heard, establish monetary and non-monetary penalties, the amount and severity of which shall be reasonably related to the violation and to the aim of deterring similar future violations by the same or any other person. Monetary penalties imposed against an Owner or occupant shall be deemed an Assessment against the Home or Lot of such Owner and, as such, shall be a charge and continuing lien upon such Lot, shall constitute a personal obligation of the Owner and shall be collectible in the same manner as Assessments and Special Assessments under the By-Laws and this Declaration. 17 ARTICLE XI GENERAL Section 11.01. Headings and Captions. The headings and captions contained in this Declaration are for convenience only and shall not affect the meaning or interpretation of the content hereof. Section 11.02. Invalidity of Declaration. The determination by any court that any provision hereof is unenforceable, invalid or void shall not affect the enforceability or validity of any other provision hereof. Section 11.03. Gender. The use of the masculine gender herein shall be deemed to include the masculine, feminine or neuter, and the use of the singular shall be deemed to include the plural, whenever the context so requires. Section 11.04. Right Reserved to Impose Additional Protective Covenants. The Sponsor reserves the right to record additional protective covenants and restrictions affecting the Property prior to the conveyance of any lands encumbered by this Declaration. Section 11.05. Notice. All notices hereunder shall be in writing and sent by mail, by depositing same in a post office or letter box, in a postpaid sealed wrapper, addressed, if to the Board of Directors, at the office of the Board of Directors and if to an Owner or Home Mortgagee, to the address of such Owner or Mortgagee as such address appears on the books of the Association and if to the Sponsor, to the address of the Sponsor as appears on the books of the Association. All notices shall be deemed to have been given when mailed, except notices of change of address, which shall be deemed to have been given when received. Whenever any notice is required to be given under the provisions of this Declaration, a waiver thereof, in writing, signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed the equivalent of such notice. Section 11.06. Right of Association to Transfer Interest. Notwithstanding any other provision herein to the contrary, the Association and its successors, shall at all times have the absolute right to fully transfer, convey and assign its right, title and interest under this Declaration to any successor not-for-profit corporation. Upon such assignment, the successor corporation shall have all rights and be subject to all the duties of the Association as set forth in this Declaration and shall be deemed to have agreed to be bound by all provisions hereof, to the same extent as if the successor corporation had been an original party and all references herein to the Board of Directors shall be deemed to refer to the Board of Directors of such successor corporation. Any such assignment shall be accepted by the successor corporation under written agreement pursuant to which the successor corporation expressly assumes all the duties and obligations of the Association. If, for any reason, the Association shall cease to exist without having first assigned its rights hereunder to a successor corporation, the Covenants, Conditions, Restrictions, Easements, Charges and Liens imposed hereunder shall, nevertheless, continue and any Member may petition a court of competent jurisdiction to appoint a trustee for the purpose of organizing a not-for-profit corporation to take over the duties and responsibilities of the Association, such corporation to exist subject to the conditions provided herein with respect to an assignment and delegation to a successor corporation. 18 Section 11.07. Right of Association to Transfer Functions. Unless otherwise specifically prohibited herein or within the Certificate of Incorporation or By-Laws of the Association, any and all functions of the Association shall be fully transferable in whole or in part to any other homeowners' association or similar entity. Section 11.08. Notices to Mortgagees. Each Mortgagee, insurer or guarantor, upon written request therefore, shall be entitled to receive written notice from the Board of Directors of the occurrence of (i) any condemnation or casualty loss affecting a material portion of the Association Property or any Home and (ii) any proposed action which may not be taken or become effective if a specified percentage of mortgagees, insurers or guarantors objects thereto. ARTICLE XII INSURANCE TO BE CARRIED Section 12.01. Insurance to be Carried. The Board of Directors of the Association may obtain and maintain a liability insurance policy in their discretion. Section 12.02. Insurance Carried By Owners. Each Owner shall, at such Owner's expense, obtain adequate insurance for full replacement cost of such Owner's Home and liability insurance for occurrences within the Home and on the Lot of such Owner. Evidence of such insurance shall be provided the Board of Directors annually upon the anniversary date of the policy. Upon the lapse of such policy, the Board of Directors may obtain the required insurance and the cost of such shall constitute a Special Assessment against the defaulting Home, and as such, shall become a lien upon the Home, collectible in the same manner as other Assessments as set forth in Article V of this Declaration. In the event of damage or destruction of any Home, the Owner of such Home shall arrange for prompt repair and restoration of the Home. Any such repair and/or restoration shall be in substantial accordance with the plans and specifications of the damaged improvements as originally built. Any substantial deviation therefrom shall require written submission of such deviations to the Architectural Control Committee and written approval from the Board of Directors in accordance with Article VIII of this Declaration. "Prompt repair and restoration" used herein shall mean repair and restoration to begin, weather permitting, not more than sixty (60) days from the date of receipt of the insurance proceeds by Owner of such Home, providing that if new or revised permits from a governmental authority are required, a reasonable time is allowed to procure such permits. Section 12.03. Action Which May Increase Insurance Rates Prohibited. Under no circumstances shall an Owner permit or suffer anything to be done or left in such Owner's Home or garage which will increase insurance rates on such Home or on any other Home or Association Property. The penalty for violation shall be an Assessment against the Owner violating the provision of an amount equal to the increased rate(s). 19 IN WITNESS WHEREFORE, the undersigned, being the owner of real property subject to this Declaration, as may be supplemented, extended or amended from time to time, set their hand and seal the date stated below. CERRONE LAND HOLDINGS, LLC By: ____________________________________ , Member STATE OF NEW YORK ) ) ss: COUNTY OF ____________) On the ____ day of __________________ in the year 2022 before me, the undersigned, personally appeared ______________________, 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 individuals, or the person upon behalf of which the individuals acted, executed the instrument. _____________________________ Notary Public 736754 20 SCHEDULE “A” ALL THOSE CERTAIN pieces or parcels of land situate, lying and being in the Town of Queensbury, Warren County, New York, more particularly described as follows: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44 and 45 shown on a “Map of a Survey Made for Cerrone Land Holdings”, dated February 19, 2021, last revised October 17, 2022, prepared by Van Dusen & Steves Land Surveyor and filed in the Warren County Clerk’s Office on _____________, 202__ as ____________________. 21 SCHEDULE B” BY-LAWS 22 BY-LAWS of __________________ HOMEOWNERS ASSOCIATION, INC. ARTICLE I NAME, LOCATION AND MEMBERSHIP Section 1.01. Name and Location. The name of the corporation is _________________ Homeowners Association, Inc., hereinafter referred to as the AAssociation@ or AHomeowners Association@. The principal office of the corporation shall be located in the Town of Queensbury, County of Warren and State of New York. Section 1.02. Applicability of By-Laws. The provisions of these By-Laws are applicable to the Association Property and to the use thereof. Section 1.03. Personal Applications. All present and future Owners (hereinafter referred to as AMembers@), mortgagees, lessees, occupants of Homes, their employees and invitees, any persons having a right to use all or a portion of Association Property (as hereinafter defined), by virtue of rights previously granted by deed, and any other persons who may use the facilities of the Property in any manner are subject to these By-laws, the Declaration (as hereinafter defined) and the Rules and Regulations (as hereinafter defined). ARTICLE II DEFINITIONS Section 2.01. Definitions. The following words, phrases or terms when used in these By- Laws shall, unless the context otherwise prohibits, have the following meanings: (a)ASSESSMENTS shall mean and refer to charges for the maintenance and operation of Association Property as described in Article V of this Declaration and includes Special Assessments for capital improvements, maintenance assessments and any other charges deemed to be assessments pursuant to the Declaration and By-Laws. (b)ASSOCIATION or HOMEOWNERS ASSOCIATION shall mean and refer to the __________________ HOMEOWNERS ASSOCIATION, INC. (c)ASSOCIATION PROPERTY shall mean and refer to the vacant parcels of the Association, all easements, rights and appurtenances belonging thereto, intended for use in connection herewith, as are subject to this Declaration, and sometimes referred to as the "Property." (d)BOARD OF DIRECTORS shall mean and refer to the Board of Directors elected by the Members and/or appointed by the Sponsor to administer the affairs of the Homeowners Association, and sometimes referred to as the "Board." (e)BY-LAWS shall mean and refer to these By-Laws of the Homeowners Association, as the same may be amended from time to time. (f)DECLARATION shall mean and refer to the Declaration of Protective Covenants, Conditions, Restrictions, Easements, Charges and Liens of __________________ HOMEOWNERS ASSOCIATION, INC., as the same may be supplemented, extended or amended from time to time. (g)HOME shall mean and refer to each completed dwelling Home, situated in the residential community (as evidenced by a Certificate of Occupancy issued by the Town of Queensbury, Warren County). By accepting delivery of a deed conveying title to such a Home or Lot, the grantee automatically becomes a member of __________________ HOMEOWNERS ASSOCIATION, INC. Said membership is mandatory. Unless the context clearly indicates otherwise, the term "Home" shall be deemed to include the term "Lot". All of such completed dwelling Homes are collectively referred to as the "Homes". (h)LAND shall mean and refer to the real property as is subject to this Declaration located in the Town of Queensbury, Warren County, New York, more particularly described in Schedule "A" attached hereto and made a part hereof (i)LOT shall mean and refer to any portion of the Land which is (i) identified or intended to be identified as a separate parcel on the tax records of the Town of Queensbury, Warren County, New York, or (ii) shown as a separate Lot upon any recorded or filed subdivision map in the Warren County Clerk's Office. (j)MEMBER shall mean and refer to each holder of membership interest in the Association, as such interests are set forth and described in Article III hereof. (k)OFFERING PLAN or PLAN shall mean and refer to the CPS-7 Documents filed with the Department of Law relating to the Association and any amendments thereto. (l)OWNER shall mean and refer to the holder of record title, whether one or more persons or entities, of (i) fee simple title to any Home or Lot, whether or not such holder actually resides in such Home; or (ii) the fee interest in any Home or Lot subject to the Declaration, and shall include the Sponsor with respect to any unsold Home(s). All such Owners are collectively called "Home Owners". (m)PERSON shall mean and refer to an individual, a corporation, a partnership, a trust, an unincorporated organization or any other entity. (n)PROJECTED HOME shall collectively mean and refer to any Home contemplated for construction on any parcel of land covered by this Declaration. (o)RULES AND REGULATIONS shall mean and refer to the Rules and Regulations of the Association governing the use and care of the Association Property as may be set forth in this Declaration, the By-Laws or promulgated by the Sponsor or the Board of Directors pursuant to the By-Laws, as the same may be amended from time to time. (p)UPPER SHERMAN SITE PLAN or SITE PLAN shall mean and refer to the Site Plan attached to the Declaration as Schedule "C." (q)SPONSOR shall mean and refer to CERRONE LAND HOLDINGS, LLC, its successors and assigns. (r)TRANSFER OF CONTROL DATE shall mean and refer to the date on which (i) the Sponsor has transferred title to 75% of its 45 Lots in the residential community, or (ii) five (5) years after the Sponsor has recorded the Declaration, whichever first occurs. Section 2.02. Other Terms. Other capitalized words, phrases or terms not defined herein shall have the meanings given them in the Declaration. ARTICLE III MEMBERS AND VOTING RIGHTS Section 3.01. Membership in the Association. The Association shall have as Members only Owner of Homes and/or Projected Homes in the ______________Homeowners Association, Inc. residential community. All Owners shall, upon becoming such, be deemed automatically to have become members in the Association and there shall be no other qualification for membership. Membership shall be appurtenant to, and shall not be separated from, the ownership of the interest described in the definition of the word owner as found in Article II of these By-Laws. Any person or entity holding an interest in a Home merely as security for the performance of an obligation shall not be a Member and shall have no voting rights. Section 3.02 Voting. Each Member (including the Sponsor if the Sponsor shall then own or hold title to one or more Homes) shall have one vote regardless of the number of Homes such Member owns. Section 3.03 Right to Vote. At any meeting of Members, every Member having the right to vote shall be entitled to vote in person or by proxy. Section 3.04 Proxies. All proxies shall be in writing and shall be filed with the Secretary one week prior to the meeting at which the same are to be used. Such proxies shall only be valid for such meeting or subsequent adjourned meeting thereof. A notation of such proxies shall be made in the minutes of the meeting. Section 3.05. Voting Regulations. The Board of Directors of the Association may make such regulations, consistent with the terms of the Declaration, the Certificate of Incorporation, these By-Laws, and the Not-for-Profit Corporation Law of the State of New York, as it deems advisable for any meeting of the Members in regard to proof of membership in the Association, evidence of right to vote, the appointment and duties of inspectors of election, registration of Members for voting purposes, the establishment of representative voting procedures and such other matters concerning the conduct of meetings and voting as it shall deem appropriate. Section 3.06 Corporate Members. Any votes of a corporate member may be cast by an officer of such corporation. Section 3.07 Joint or Common Ownership. If a Home is owned by more than one person, as joint tenants, tenants by the entirety or as tenants in common, the persons owning such Home shall reach agreement as to the matter being voted upon and shall cast their one vote for their Home. A fiduciary shall be the voting member with respect to any Home owned in a fiduciary capacity. Section 3.08. Sponsor=s Right to Assign its Vote. The Sponsor may assign its membership in the Association and its right to vote to any person, corporation, association, trust, partnership or other entity, and such assignee, and any future assignee, of such membership and right to vote may make successive like assignments. ARTICLE IV MEETINGS OF MEMBERS Section 4.01. Annual Meeting. Upon transfer of title to 75% of the Homes subject to the Declaration of Protective Conditions, Covenants and Restrictions, or no later than five years after the recording of the said Declaration of Conditions, covenants and Restrictions, whichever shall first occur (subject to the provisions of Section 5.01(b) of these By-Laws), the Sponsor shall notify all Members that the first annual meeting of Members shall be held within sixty (60) days thereafter. The annual meeting of Members shall be held on the same date each succeeding year, at a time to be determined by the Board of Directors, at such place convenient to the Board of Directors, adequate in size to accommodate all Members; provided, however, that if such date shall be a Saturday, Sunday or legal holiday, the meeting shall be held on the first day following such date which is not a Saturday, Sunday or legal holiday, unless otherwise agree to by a majority of Home Owners. Failure to hold such annual meeting at the designated time shall not terminate the Association=s existence or otherwise affect valid acts of the Association. At such meeting, the Members shall elect the Board of Directors in accordance with the provisions of Section 5.03 hereof and may transact such other business as may properly come before them. Annual meetings for the benefit of all owners will be held prior to the transfer of control as well. Section 4.02. Special Meetings. It shall be the duty of the President to call a special meeting of the Members if so directed by resolution of the Board of Directors or upon a petition presented to the Secretary, signed by not less than twenty-five percent (25%) of the Members in aggregate. The notice of any special meeting shall state the time and place of such meeting and the purpose thereof. No business shall be transacted at a special meeting except as stated in the notice. Section 4.03. Notice of Meetings. It shall be the duty of the Secretary to mail by first class, postage prepaid, a notice of each annual or special meeting of the Members at least ten (10), but not more than twenty (20) days prior to such meeting, stating the purpose thereof, as well as the time and place where it is to be held, to each Member of record, at his Home or at such other address as such Member shall have designated by notice in writing to the Secretary, and to all mortgagees of a Home who have requested the same. Notwithstanding the foregoing, if the purpose of any meeting shall be to act upon a proposed amendment to the Declaration or to these By-Laws, the notice of meeting shall be mailed at least thirty (30) , but not more than fifty (50) days prior to such meeting. The mailing of a notice of meeting shall be in the manner provided in this Section and shall be considered service of notice. Section 4.04. Waiver of Notice. Whenever under any provisions of these By-Laws, the terms of any agreement or instrument, or law, the Association or the Board of Directors or any committee thereof is authorized to take any action after notice to any person or persons or after the lapse of a prescribed period of time, such action may be taken without notice and without the lapse of such period of time, if, at any time before or after such action is completed, the person or persons entitled to such notice or entitled to participate in the action to be taken, or in the case of a Member, by his or her duly authorized attorney-in-fact, submit a signed waiver of notice of such requirements. The attendance of any Member at a meeting, in person or by proxy, without protesting prior to the conclusion of the meeting the lack of notice of such meeting, shall also constitute a waiver of notice by him. Section 4.05. Quorum. Except as otherwise provided in these By-Laws, the presence in person or by proxy of Members having twenty-five percent (25%) of the total authorized votes of all the Members shall constitute a quorum at all meeting of the Members. If, however, such quorum shall not be present or represented by proxy at any meeting of Members, the Members entitled to vote thereat, present in person or represented by proxy, shall have the power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum shall be present or represented. At any such adjourned meeting at which a quorum is present or represented, any business may be transacted which might have been transacted at the meeting originally called. Section 4.06. Majority Vote. All actions shall be taken by vote of a majority of Members at a meeting at which a quorum shall be present or represented by proxy except where in the Declaration or these By-Laws, or by law, a higher percentage vote, or other vote, is required. The term AMajority of Members@ shall mean those Members having more than fifty percent (50%) of the total authorized voted of all Members present in person or represented by proxy and voting at any meeting of the Members, determined in accordance with the provisions of Section 3.02 of these By-Laws. ARTICLE V BOARD OF DIRECTORS Section 5.01. Number and Qualifications of Directors. (a)The business affairs of the Association shall be managed by the Board of Directors. The Board shall initially consist of three (3) persons designated by the Sponsor for a term of one (1) year or until their successors are appointed/elected. (b)Until the Transfer of Control Date, the Sponsor shall have the right to appoint a majority of the Members of the Board of Directors. After the Transfer of Control Date, the Sponsor shall have no further right to appoint any members. Members of the Board of Directors appointed by Sponsor shall serve for a term of one (1) year, or until their successors are appointed/elected. (c)All Directors shall be (i) Home Owners, (ii) spouse of Home Owner, (iii) mortgagees of Homes, (iv) members or employees of a partnership Owner or mortgagee, (v) officers, directors, shareholders, employees or agents of a corporate Owner or mortgagee, (vi) fiduciaries or officers, agents or employees of such fiduciaries, or (vii) designees of the Sponsor. Section 5.02. Election and Term of Office. (a)At the Annual Meeting of Members subject to the right of the Sponsor to appoint Director(s) as provided in Section 5.01 hereof, a new Board of Directors shall be elected. (b) Other than persons designated by the Sponsor, and after the first annual meeting of members, the term of office of the Directors shall be for two (2) years. At each Annual Meeting thereafter, the Members shall only replace those Directors whose terms have expired. Section 5.03. Compensation. Directors shall not receive any compensation or salary for their services as Directors. Any Director may be reimbursed for his actual, reasonable expenses incurred in the performance of his duties. A Director who serves the Association in any other capacity, however, may receive compensation therefore if otherwise entitled to compensation. Section 5.4. Quorum and Voting. At all meetings of the Board of Directors, a majority of the entire Board of Directors shall constitute a quorum for the transaction of business. Except in cases in which it is provided otherwise by statute, by the Certificate of Incorporation, or by these By-Laws, a vote of a majority of such quorum at a duly constituted meeting shall be sufficient to pass any measure. In the absence of a quorum, the Directors present may adjourn the meeting from time to time by a majority vote and without further notice, until a quorum shall attend. At any such adjourned meeting at which a quorum shall be present, any business may be transacted which might have been transacted as originally called. Section 5.5. Powers and Duties. The Board of Directors may exercise all the powers of the Association, except such as are conferred upon or reserved to the Members by statute, the Certificate of Incorporation or these By-Laws. The powers, duties and authority of the Board of Directors shall specifically include, but shall not be limited to, the following: (a)To determine, levy and collect the Assessments as provided for in the Declaration. (b)To establish and maintain such bank accounts as may be required for the operation of the Association. (c) To collect, use and expend the Assessments and charges collected for the maintenance, repair, replacement and operation of the property of the Association. (d)To operate, maintain, repair and replace the Association Property. (e)To procure and maintain adequate liability insurance covering the Association, its Directors, agents and employees and to procure and maintain adequate hazard insurance on such of the Association=s real and personal properties as it deems appropriate. (f)To employ and terminate the employment of employees and independent contractors, purchase supplies and equipment, enter into contracts and generally have the powers of manager in connection with the matters hereinabove set forth. Any contracts entered into shall be terminable by the board upon not more than ninety (90) days notice without penalty. (g)As required by these By-Laws, to repair, restore, or alter the properties of the Association after damage or destruction by dire or other casualty or as a result of condemnation or eminent domain proceedings. (h)To adopt and publish Rules and Regulations governing the use of Association Property and facilities and other property maintained by the Association, and the personal conduct of the Members and other persons thereon, and establish penalties for infractions thereof. (i)To file such federal, state or other tax returns on behalf of the Association as it deems necessary or desirable and to pay any and all taxes owning by the Association. (j)To file such federal, state or other tax returns on behalf of the Association as it deems necessary or desirable and to pay any and all taxes owning by the Association. (k)To declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive meetings of the Board of Directors. (l)To keep a complete record of the actions of the Board of Directors and the corporate affairs of the Association and to present a statement thereof to the Members at the Annual Meeting of Members, or at any Special Meeting of Members when such a statement is requested by vote of the Members. (m)to issue, or cause to be issued, upon demand by any person an AAssessment Certificate@ as provided in the Declaration, setting forth the status of payment of assessment of any Home. (n)To exercise the rights and powers set forth in Article IV and V of the Declaration. (o)to exercise for the Association all powers, duties and authority vested in or delegated to the Association and not reserved to the Members by other provisions by these By-Laws, the Certificate of Incorporation or the Declaration. Notwithstanding anything to the contrary contained in these By-Laws, until the Transfer of Control Date, the Board of Directors may not, without the Sponsor=s prior written consent, which consent will not be unreasonably withheld, except for necessary repairs, alterations, additions, or improvements required by law or by any government agency or Board of Fire Underwriters, (i) make any repair, addition, alteration or improvement to the Association Property, or (ii) levy any Assessment for the creation of, addition to or replacement of all or part of a reserve, contingency or surplus fund in excess of an amount equal to the proportion of the then existing budget which the amount of reserves in the initial budget of estimated expenses of the Association bears to the total amount of the initial budget of estimated expenses appearing in the Plan, or (iii) hire any employee in addition to the employees, if any, provided for in the initial budget of the Association, except as may be necessary to maintain the quantity or quality of service or maintenance of the Property, or (iv) enter into any maintenance contract for work not provided for in the initial budget of the Association, except for the maintenance of any improvement not in existence or not owned by the Association at the time of recording the Declaration, or (v) borrow money on behalf of the Association, or (vi) reduce the quantity or quality of service or maintenance of the Property. Section 5.6. Indemnification of Directors. (a)Every Director of the Association shall be, and is hereby, indemnified by the Association against all expenses and liabilities, including fees of counsel, reasonably incurred by or imposed upon such Director in connection with any proceeding to which such Director may be a party, or in which such Director may become involved by reason of being or having been a Director at the time such expenses are incurred, except in such cases wherein the Director is guilty of willful misfeasance or malfeasance in the performance of duties; provided, that in the event of a settlement, the indemnification herein shall apply only when the Board approves such settlement as being in the best interest of the Association. (b)The foregoing right of indemnification shall be in addition to, and shall not be exclusive of, any rights to which each such Director may otherwise be entitled. The Association shall indemnify and hold harmless each of the members of the Board of Directors against all contractual liability of others arising out of contracts made by the Board of Directors on behalf of the Association unless such contract shall have been made in bad faith or contrary to the provisions of law, the Declaration, or these By-Laws. It is intended that the Board of Directors shall have no liability with respect to any contracts made by it on behalf of the Association. ARTICLE VI OFFICERS Section 6.01. Officers. The Officers of the Association shall be a President (who shall be a member of the Board of Directors), a Secretary and a Treasurer and such other officers as may be elected by the Board of Directors. Any two or more offices may be held by the same person, except the offices of President and Secretary. Section 6.02. Election. The election of officers shall take place at the first meeting of the Board following each annual meeting of Owners. Section 6.03. Term and Vacancies. The officers of the Association shall be elected annually by the Board and each shall hold office until his or her successor shall have been duly elected, unless he or she shall sooner resign, or shall be removed or otherwise be disqualified to serve. The vacancy in any office arising because of death, resignation, removal or otherwise may be filled by the Board for the unexpired portion of the term. Section 6.04. Resignation and Removal. Any officer or member of the Board may be removed by the Board, with or without cause, whenever, in the judgment of the Board, the best interests of the Association will be served thereby. Any officer or member of the Board may resign at any time by giving written notice to the President and/or the Secretary of the Board. Such resignation shall take effect on the date of receipt of such notice or any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Section 6.05. President. The President shall be the chief executive officer, shall supervise the work of the other officers, shall preside at all meetings of Owners, and shall preside at all meetings of Board and Owners, and shall perform such other duties and functions as are usually vested in the office of the President of a not-for-profit corporation. The President may not also serve simultaneously as any other officer. Section 6.06. Secretary. The Secretary shall cause notices of all meetings to be served as prescribed in these By-Laws, shall record the votes and keep the minutes of all meetings, shall have charge of the seal, if any, and corporate books and records of the Association, and the book of Mortgagees, and shall perform such other duties as are incident to the office of Secretary of a not- for-profit corporation, and as may be required of him by the Board or the President. Section 6.07. Treasurer. The Treasurer shall have the custody of all monies and securities belonging to the Association and shall be responsible for keeping full and accurate records and books of account, showing all receipts and disbursements, necessary for preparation of required financial reports. He shall account to the President and the Board, whenever they may require it, with respect to all of his transactions as Treasurer and of the financial condition of the Association, and shall in general perform all other duties incident to the office of Treasurer of a not-for-profit corporation. Section 6.08. Other Officers. The Board of Directors may elect such other officers as it shall deem desirable. Such officers shall have the authority and shall perform such duties prescribed from time to time by the Board of Directors. Section 6.9. Agreements, Contracts, Deeds, Checks and Other Instruments. All agreements, contracts, deeds, leases, checks and other instruments of the Association shall be executed by any two (2) officers of the Board or, except as otherwise provided in Section 8.01 hereof, by such other person or persons as may be designated by the Board. ARTICLE VII Intentionally omitted. ARTICLE VIII FINANCE Section 8.01. Checks. All checks, drafts and orders of the payment of money, notes and other evidences of indebtedness issued in the name of the Association shall be signed by any two (2) officers of the Board. Section 8.02. Fiscal Year. The fiscal year of the Association shall be the twelve calendar months ending at such time as may be deemed appropriate by the Board of Directors; provided, however, that the first fiscal year may be of such longer or shorter duration as the Board may determine. Section 8.03. Annual Report. (a) An annual report of the receipts and expenditures of the Association, prepared by an independent certified public accountant, shall be rendered by the Board of Directors to all Members, to all mortgagees of Homes who have requested the same, and, if required by statute or regulation, to the Department of Law of the State of New York, within three (3) months from the end of each fiscal year, or as soon thereafter as completed. In the event that any substantial irregularities or any defalcation shall be uncovered by such accountant in the course of any such review, such matters shall be promptly reported to each member of the Board of Directors and to the Members of the Association. In addition, when called for by a vote of the Members at any special or regular meeting of the Members, the Board of Directors shall furnish to the Members a full and clear statement of the business conditions and affairs of the Associations, including a balance sheet and profit and loss statement, reviewed by an independent public accountant and a statement regarding any taxable income attributable to the Members. (b) The cost of the annual report and other services required by this Section 8.03 shall be levied by the Board of Directors as an Assessment. ARTICLE IX INSURANCE Section 9.01. Insurance to be Carried by Board of Directors. To the extent reasonably obtainable, and to the extent obtainable at a reasonable cost, and in such amounts as the Board of Directors of the Association shall determine to be appropriate, unless otherwise required herein, the Board of Directors of the Association may obtain a general liability policy in their discretion. (a) Liability. The liability insurance shall cover the Directors of the Association, and all Members, but not the liability of the Members arising from occurrences within such Member=s Home. (b)Other. The Board of Directors may also obtain such other insurance as it shall deem necessary or desirable from time to time. ARTICLE X AVAILABILITY OF RECORDS AND LEGAL DOCUMENTS Section 10.01. Availability of Records and Legal Documents. The Board of Directors shall make available for inspection upon reasonable notice and during normal business hours, to existing and prospective purchasers, tenants, and Mortgagees, mortgage insurers and mortgage guarantors, current copies of the Association=s Declaration, By-Laws, Rules and Regulations, budget, schedule of assessments and any other books, records and financial statements of the Association. The Board may furnish copies of such documents to such parties and may charge such parties a reasonable fee to cover the cost of furnishings such copies. ARTICLE XI AMENDMENTS Section 11.01. Amendments to By-Laws. Except as provided herein to the contrary, these By-Laws may be amended or supplemented, in whole or in part, at any duly called meeting of Members provided that: (a)A notice of the meeting containing a full statement of the proposed amendment or supplement has been sent to all Members as listed on the books and records of the Association and to all Mortgagees of Homes who have requested the same, no sooner than thirty (30) days nor more than fifty (50) days prior to the date of meeting; (b)Sixty-six and two-thirds percent (66 2/3%) or more in number and in common interest of all Members approve the amendment or supplement; (c)The Board of Directors does not receive, prior to the date established for voting on the proposed amendment or supplement, written notice of opposition to the proposed amendment or supplement from Mortgagees or more than fifty percent (50%) of the Homes with mortgages; and Notwithstanding the foregoing, no amendment or supplement shall affect or impair the Sponsor=s right to make membership in the Association available to Purchasers of Projected Homes as defined in these By-Laws. Further, until the Transfer of Control Date, Sections 3.01, 3.03, 3.04, 3.05, 3.06, 3.08, 5.01, 5.04, 5.07, 5.13, 5.14 and 12.01 hereof may not be amended or supplemented without the prior written consent of the Sponsor. Section 11.02. Conflict with Certificate of Incorporation or with Declaration. In the case of any conflict between the Certificate of Incorporation and these By-Laws, the Certificate of Incorporation shall control; and in the case of any conflict between the Declaration and these By-Laws, the Declaration shall control. ARTICLE XII Intentionally omitted ARTICLE XIII TRANSFER OF CONTROL Section 13.01. Transfer of Control. Within sixty (60) days following the transfer of title to all 75% of its 45 Lots in the residential community in the association, or five (5) years from the date of recording of the Declaration, whichever shall first occur (subject to the provisions set forth in Section 5.02 of these By-Laws), Sponsor shall notify all Home owners (in accordance with the notice provisions of Article XV) that control of the Association is to be turned over to the homeowners at a meeting held for such purpose. At such time, a new Board of Directors will be elected in accordance with the provisions of Article V of these By-Laws, and Sponsor=s remaining Board designees shall resign. The Association must accept control of its affairs at such meeting. Dissatisfaction with Sponsor or Sponsor=s Agents for any reason shall not be grounds for refusal to accept control of the affairs of the Association. ARTICLE XIV MISCELLANEOUS Section 14.01. Notices. Except as otherwise provided herein, all notices hereunder shall be in writing and sent by mail, by depositing same in a post office or letter box, in a postage prepaid sealed wrapper, addressed, if to the Board of Directors, at the office of the Board of Directors and if to a Member or Home mortgagee, to the address of such Member or mortgagee at such address as appears on the books of the Association. All notices shall be deemed to have been given when mailed, except notices of change of address, which shall be deemed to have been given when received. Whenever any notice is required to be given under the provisions of the Declaration, or these By-Laws, a waiver thereof., in writing, signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed the equivalent of such notice. Section 14.02. No Waiver for Failure to Enforce. No restriction, condition, obligation or provision contained in these By-Laws shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches thereof which may occur. Section 14.03. Gender. The use of the masculine gender in these By-Laws shall be deemed to include the masculine, feminine and neuter and the use of the singular shall be deemed to include the plural, whenever the context so requires. Section 14.04. Captions. The captions herein are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of these By- Laws, or the intent of any provisions thereof. Section 14.05. Severability. Should any part of these By-Laws be deemed void or become unenforceable at law or in equity, the validity, enforceability or effect of the balance of these By-Laws shall not be impaired or affected in any manner. 736933 SCHEDULE “C” SITE PLAN 23