Date: August 27, 2022

To: Old Stone Crossing Homeowners Association

Board of Directors and Architectural Committee

Mr. Chris Knors

Mr. James Michael

Mr. Dennis Ellis

Re: Objection to Proposed Fence Plan for 7203 Pebble Gate Drive

Dear Board of Directors & Architectural Committee:

This letter is written on behalf of concerned Owners within the Old Stone Crossing Subdivision. The Owners named below object to the proposed fence for 7203 Pebble Gate Drive, submitted in early July 2021. Key issues, which were previously communicated directly to the Architectural Committee in mid- July by all Owners living adjacent to 7203 Pebble Gate Drive, are as follows:

• Undesirable Front & Side Yard Fencing: The proposed fence would run directly along the front yard lines and extend in front of the street-facing exterior facades of both 8310 Stonetown Avenue & 7207 Pebble Gate Drive. Front yard fencing is generally considered undesirable for aesthetic reasons in comparable neighborhoods throughout the Triangle, and therefore prohibited. The proposed fence would also come down the side yard to the street affecting the property of 7202 Pebble Gate and anyone entering the neighborhood. Given that 7203 Pebble Gate is on a highly exposed corner lot, the fence should not extend toward the street along the driveway. Please reference Exhibit 1 – Front Yard Fencing for a depiction of the negative impact on immediately adjacent properties. Please also reference Exhibit 2 - Hamptons to review restrictive covenant language from our nearest comparable neighborhood, which explicitly prohibits front yard fencing.
• Inconsistent with Neighborhood Standards: No fences in Old Stone Crossing (including those on corner lots) run along a front yard line of adjacent properties or give the appearance of a front yard being fenced. Please also reference Exhibit 3 - Neighborhood Comparable for an example of an appropriate corner lot fence layout, where fencing does not extend in front of the street-facing exterior façade of the adjacent property. This example can be found on the corner of W. Lake Anne Drive and Ortin Lane, less than 200 feet from the subject property.
• Erratic Design: The proposed plan would extend existing perimeter stone wall at 7203 Pebble Gate, therefore introducing erratic lines, mixed materials, and varying heights. Ultimately this design could negatively impact property values not only with the homes in the Stonetown Avenue cul-de-sac and Pebble Gate Drive corridor, but the neighborhood at large.
• No Screening: We have come to learn the total plan would include playground equipment within the proposed fenced area on the Pebble Gate Drive side. Should this be the case, we would also object to placement of any playground equipment that has direct visibility from the street or neighbors. Pebble Gate Drive also maintains high traffic volume and typically serves as a main entry point into our neighborhood.

The Owners named below are disappointed in lack of follow-up from the Architectural Committee, including the failure to act on the commitment made by Mr. Knors via email on July 23, 2021, to open a collective dialogue with our neighbors.

Moreover, the Owners named below wish to remind the Architectural Committee of their responsibility to consider the “effect of the improvements on adjacent or neighboring properties” as defined in Article XI, Architectural Control and Inspection, Section 11.2 Powers:

“The Architectural Committee shall have the right to refuse approval of any plans and specifications for Improvements to be constructed on a Lot (the “Plans & Specifications”) which are not suitable or desirable, in its sole discretion, for aesthetic or any other reasons, provided such approval is not unreasonably withheld. In approving or disapproving Plans & Specifications, the Architectural Committee shall consider the suitability of the proposed Improvements, color, and materials to be used in those Improvements, the site upon which the are proposed to be erected and the effect of the Improvements on adjacent or neighboring properties.”

Since Mr. Knors has not followed up on his July 23, 2021 commitment, the Owners named below request the Old Stone Crossing Board of Directors and Architecture Committee take the following actions:

• Perform your fiduciary duties by acting in the collective interest of all Owners within Old Stone Crossing.
• Reject the submitted fence plan for 7203 Pebble Gate prior to August 31, 2021.
• Confirm in writing to the Owners named below the date on which the Architecture Committee delivered a written non-support communication to the Owners of 7203 Pebble Gate Drive.
• Ask the Owners of 7203 Pebble Gate to come up with a new plan for the neighbors and the Architectural Committee to review.

Sincerely,

Old Stone Crossing Owner