PO Box 288
206 River Road
Bloomingdale, NY 12913
518-891-4343 · Fax: 518-891-6000
Cell: 518-524-4343
sandy@sandyhayesrealty.com
PO Box 288
206 River Road, Bloomingdale, NY 12913
518-891-4343 · Fax: 518-891-6000 · Cell: 518-524-4343
sandy@sandyhayesrealty.com

Balsam Woods at Merrillsville

RESTRICTIVE COVENANTS - BALSAM WOODS, PHASE I

This conveyance is made subject to the covenants, conditions and restrictions hereinafter set forth which will run forever with the land and shall be binding upon the parties of the second part, their heirs, successors and assigns. The covenants, conditions and restrictions may be enforced by either the party of the first part, his heirs, devisees, personal representatives, grantees or assigns, or the record title owner of any lot shown on said map.

1. On Lots 2 through 14, no building of any kind whatsoever shall be erected, placed or maintained on said premises except a private dwelling house designed for single family residential use, a garage, a woodshed, and or other accessory structure such as a gazebo or Adirondack lean-to, all designed for private use only. All buildings on said premises shall be of the same color scheme as the private dwelling house. Exterior colors of all buildings shall be earth tones and shall blend with the natural surroundings as much as possible. The private dwelling house shall have, exclusive of basement, porch and attached garage, if any, a minimum living floor space of 2000 square feet. Any building constructed on the premises must be completed on the exterior within six (6) months of beginning of construction.

2. On Lot 1, no structures whatsoever shall be constructed. The lot shall forever remain a non-building lot.

3. No subdivision of lots 1-14 shall be allowed except between adjoining lot owners for the purpose of boundary line changes. Any such changes shall be with the approval of all governmental agencies having jurisdiction over the lots and no transfer of building rights shall be allowed.

4. No commercial activity or enterprise shall be conducted upon the premises, except for the renting thereof for residential use by others. In addition, the lot owner shall be allowed to maintain his or her professional offices at the premises, provided such offices are contained within the main dwelling, which is also used as his or her residence and do not exceed 25% of the living area.

5. All buildings shall be set back a minimum of two hundred fifty feet (200') from the edge of any right of way and one hundred feet (100') from any side or rear lot lines. Fences shall not be considered buildings and may be placed within one hundred feet (100') of the edge of any right of way and within five feet (5') of side and rear lot lines.

6. No structures of a temporary nature, house trailer(s), tarpaper structure(s) or shack(s) shall be permitted anywhere on any lot within the subdivision except playhouses or camps used by children, which must be out of sight of any public right of way.

7. If any building on the premises is totally or partially destroyed by any catastrophe, then in such event, such building or buildings shall be repaired or razed within twelve (12) months of said occurrence.

8. No trees, shrubs or other woody-stemmed vegetation shall be cut or disturbed within one hundred feet (100') of the centerline of the right of way except vegetation dead, dying or diseased or considered to be a safety hazard except an area not to exceed 25' in width for driveway construction and utility installations.

9. No mobile homes, single or doublewide shall be allowed on said premises. Modular homes are allowed.

10. No recreational vehicles, boats, farm equipment or unlicensed motor vehicles shall be allowed on the premises unless stored indoors in an approved building.

11. No signs or other advertising devices shall be erected or maintained on the premises except a sign designating the owner or such name as the owner may choose in good taste to identify the property or identify his or her professional occupation thereat, as long as it is in good taste and compatible in appearance with the dwelling house and in no case shall any sign exceed four (4) square feet in size.

12. All lots shall be maintained in good condition and shall be kept neat in appearance. No noxious, obnoxious, noisy, unsightly or otherwise offensive objects or activities, specifically including vehicle repairs, barking dogs, dumping and littering, shall be permitted, nor shall anything be permitted that may be an unreasonable annoyance or nuisance to owners of other lots within this subdivision.

13. No animals, livestock, or poultry of any kind (except up to four horses) shall be raised, bred or kept anywhere on any lot in said subdivision except that no more than four household pets may be kept, provided they are not kept, bred or maintained for any commercial purpose.

14. All utilities servicing the premises must be installed underground.

15. Reasonable attorney's fees will be paid to the successful party by the owner of a lot in said subdivision who violates any of the real covenants, conditions and restrictions herein set forth and who is unsuccessful in a legal action commenced against him or her for such violations by any other record title owner in said subdivision.

Sandy Hayes Realty
PO Box 288 · 206 River Road · Bloomingdale, New York 12913
518-891-4343  ·  Cell: 518-524-4343 · Fax: 518-891-6000
Email: sandy@sandyhayesrealty.com

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