Minutes 08-27-2012 - Laserfiche WebLink

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Jeff Akin: These are not draft covenants for this project. These are actually just sample covenants from a project that is somewhat similar. We have not gone through the draft covenants process, but we took a neighborhood that was similar as far as having septic and other things. All inconsistencies like that are going to be addressed will be done so to ensure the standards are specific for this site. Chair Pelissier: The other comments I had were on page 103 where it talks about that you can't have any structure for providing alternative sources of energy unless you have permission from the architectural review committee. I did have concerns about that because with a lot of people wanting solar panels and other things for alternative energy, I just don't like to see restrictions for that. Jeff Akin: These are general restrictions, we generally want to make sure that those panels are located in the least visible area and still be functional. We want to make sure that they're not reflecting or doing anything to inhibit someone's use of their personal property. We don't generally restrict anything like that. We want to encourage that, but if we don't have them come through the process of architectural review, we may end up with two parties having a discrepancy over the locations. In all of our history we have never had an issue where we were not able to work out a location acceptable for an alternative use. So, we're very open to that. There is an appeal process if someone gets denied. Basically, you couldn't deny them without due process, without a purpose for denying. Chair Pelissier: Maybe it could be written a little clearer. I also did want to have some discussion about the off-site wastewater treatment and that the homeowner's association would be responsible. I just want to stress that I have some concerns about that, because the people that would be responsible are not the property owners. I don't know if there would be any problems with maintenance because they would be assessing the charges for the repairs to the actual owners of specific properties with off-site. I don't have an answer to it except that it is just a concern of whether that actually works since the people who are responsible are not the homeowners. Jeff Akin: Everyone deals with their own maintenance in the maintenance for the HOA. The system, the repair field, anything to do with the pumps will remain individually the homeowner's responsibility. So there is going to be no separation. It will simply just be an obligation for the grounds maintenance. Chair Pelissier: The last question I had was about the water, I was just curious, why were the individual wells not considered? As I understand it, maybe I misread it, that the old property owners will have to pay the company for their well. Normally, when we have individual wells, property owners only have to pay if there is a problem with the pump. Jeff Akin: I understand that the concern over a community system and difficulty in finding the necessary amount of water. We're leaving options open for the use of individual wells on each property if we cannot get sufficient water yield with the community system in accordance with State law. We've met with a couple of drill companies in that area. Our hope would be to drill deep and provide a large water supply for the community system, and therefore there would be no concern with tapping. We're still investigating that. If that's not the case and it's not the best avenue to go, we'll go back to the individual wells. If we're running into a situation where we'll have to put a lot of wells in and not a lot of power and have the potential of wells running dry, we'd much rather put the expense in. Typically, because of the issue that came up with the last one convinced us that we really should try to go that route first. We're still in the process with it. Commissioner McKee: In an adjoining county, an issue of mineral rights has come up and I wonder if that has been addressed. I might ask that the Attorney address this concern.