Permanent RESOLUTION: DRIVEWAYS

Whereas: The Belleau Lake Property Owners Association, Inc. (BLPOA) has maintained the following roadways since 1993:

Belleau Boulevard, Beverly Hills Drive, Bow Drive, Desmond Drive, Emerald Point, Friar Tuck, Gold Coast Drive, Lexington Drive, Maid Marion, McGiness Way, Moose Point, Narrow point Road, North Desmond Drive, North Dorr Way, Nottingham Road, Pennsylvania Avenue, Randy Way, Robinhood Road, South Dorr Way, Vachon Drive, Vange Way and Whitham Road

And whereas: The BLPOA has acquired ownership of these private roadways, and may have additional roadways in the future,

And whereas: Abutting properties have, or wish to have, entrance approaches/driveways/accesses to and from these roadways

And whereas: Abutting property owners have right to travel, but not right to damage the roadway, nor the right to cause an unsafe or potentially unsafe condition on the roadway

And whereas: An increasing number of driveways allow the flow of water onto the surface of the roadway causing erosion and potholes, or in other ways damage the roadways or cause potential unsafe conditions of the roadway such as grades ending to close to or extending into the roadway

And whereas: By rights of maintenance and of ownership, the BLPOA has responsibility to protect and rights of control over the roadways and its accesses

And whereas: Because additional cost in money and effort to construct the driveway in a reasonably proper manner in the first place is usually minor compared to the cost aggravation to the owner to later correct a poorly designed and built driveway, and in addition cause the BLPOA time and money, and inconvenience and possible harm to other travelers, there is a need to assure that the construction of driveways meet standards as enforced elsewhere by the town.

And whereas: The By-Laws provide authority to the Board: Article III Section VII states “The directors and officers shall, as a board, take general management of the Association’s affairs…”, and Article V Section II specifically provides for the “operation, maintenance, repair and improvements of the private roads and any property owned by the Association.”

Therefore, let it be RESOLVED that:

The BLPOA adopts driveway regulations, procedures, specifications and standards appropriate for similar town roads adopted by the Town of Wakefield, N.H.

Further let it be RESOLVED that:

For driveway construction: The BLPOA shall require an owner wishing to construct or install, or to rebuild, a driveway, access, or otherwise excavate near or on the roadways/roadways owned by the BLPOA shall obtain a PERMIT from the BLPOA Road Agent, prior to commencing construction, and the owner must insure that the driveway meets the approval of the BLPOA Road Agent prior to completion. The driveway must be completed within six (6) months from the issuance of the permit.

Further let it be RESOLVED that:

For existing driveways: if any driveway or access is or becomes a potential threat to the integrity of the roadway/roadway, or its surfaces, ditches, embankments, bridges, or other structures, or a hazard to the traveling public, by reason of situation, flooding, erosion, frost action, vegetation growth, improper grade, or failure of any culvert, drainage structure, or any other feature, the BLPOA, its Road Agent or other designee, may issue an order to the landowner or other party responsible for such access/driveway to repair or remove such hazardous condition and to obtain any and all permits required therefor. The order shall describe the hazard, prescribe what corrective action or alteration in the location or configuration of such driveway or access shall be required, and set a reasonable time in which the action shall be completed. Such an order shall be sent by certified mail.

Further let it be RESOLVED that:

The BLPOA Road Agent may designate an agent to act on his behalf in this regard.

Further let it be RESOLVED that:

Property owners may appeal the Road Agent’s decisions to the BLPOA Board of Directors. The BLPOA may enforce the provisions hereof by court injunction or any other means available in law.

By the BLPOA Board of Directors

Date approved: __11/06/2004___ Secretary ____Joyce Crocco_________________

President: ____Bruce B Rich__________________ _____________________________