Requirement of written approval in advance
The reservations and restrictive covenants affecting Woodstream Farms (the “Restrictive Covenants”) require that before (a) any lot may be subdivided, or (b) any building may be erected around any portion of any lot, the re-subdivision or exterior design, the materials of which the building, addition, or fence is to be constructed, and the location and height thereof must be approved in writing.
Getzville Building Corp. and William H. Pearce, as the surviving member of the original committee designated in the Restrictive Covenants, assigned all of their rights, duties, and obligations under the Restrictive Covenants to the Woodstream Farms Association, Inc. (the “Association”), a New York not-for-profit corporation of which all homeowners of Woodstream Farms are eligible to become members. The Board of Directors of the Association has appointed an Architectural Review Committee (“ARC”) to carry out the duties of the Committee set forth in the Restrictive Covenants and to make recommendations to the Board of Directors.
The initial review and approval or disapproval of plans for re-subdivision, alterations, or erection of fences is the responsibility of the ARC. In the event of disagreement, the Board of Directors of the Association will make the final determination. Property owners are encouraged to consult with the ARC before starting the planning and design process.
Architectural review procedures
In order to discharge its responsibilities, the ARC requires that you submit two copies of your plans for review and approval prior to construction. Plans should include floor plans as well as elevation drawings of all exterior sides. Elevations should show the relationship of the addition to the exterior structure. A complete description of all exterior surfaces, specifying material, texture, and color is to be indicated on the drawings. Any other structures outside the house (including fences, screens, and walls) must be depicted on the drawings and described in detail.
Also required is a detailed site plan which must show the position of all existing and proposed structures, as well as the location of easements, the proposed location of driveway areas, and the finished floor elevation of the addition and, if requested by the ARC, the location of existing major trees and proposed landscaping.
Plans should be delivered or mailed to the acting Woodstream Farms Association Board President at the time of the request. The ARC has a period of 30 days in which to review and take action on plans; this period will commence when the ARC has received complete plans. Every effort will be made to expedite the review process in a shorter period of time.
Once an owner’s plans have been fully considered and approved, a written confirmation of approval and one set of plans so approved will be returned to the owner. The second set of plans will be retained by the ARC. In the event your plans are not approved, you may submit revisions or new plans. The ARC may reject a plan entirely, or it may disapprove only specific parts of a plan. If the ARC does not unanimously agree upon the action to be taken, the application will be resubmitted to the Board. If the owner does not agree to extend the 30-day period to allow the Board time to consider the application, the application will be rejected, subject to reversal by the Board.
The ARC realizes that during construction it may be advantageous to make minor adjustments; however, before changes are made which affect the exterior appearance or siting on the lot, it is the responsibility of the owner to present any alterations to the ARC for approval.
Finally, it is not required that construction begin immediately upon approval of plans, but any construction undertaken must be completed within one year from approval of plans and must proceed expeditiously so as not to become an annoyance and interfere with the rights of others.
How to submit: Deliver or mail complete plans to the acting Board President. See Contact for current officer information. An online submission form is planned for a future update.
Architectural criteria
The primary characteristic of Woodstream Farms is the feeling of open spaciousness with large sweeping areas of lawns, structures set far apart and shielded by trees. The impression of this subdivision, as opposed to other subdivisions in Amherst, is that of a campus with broad sweeping stretches of land with clumps of striking mature, majestic trees and homes which blend into the landscape. Unlike other subdivisions in Amherst, the focus of our subdivision is the landscape and not the homes.
The criteria below reflect the architectural elements you should consider and which will be considered by the ARC in the plan review process.
(1) Harmony with overall community design or contextual relationship
Contextual relationship pertains to the characteristics of any existing structures, the neighborhood, the individual site, and adjacent properties. What may be acceptable design in one instance may not be in another. To be in harmony in its contextual relationship, a design must also be compatible.
Compatibility is defined as an agreeable relationship in, and in some instances actual continuity of, architectural style, mass, proportions, rhythm, scale, quality of design and materials, and similar use of materials, color, and design details.
- Mass or massing is the characteristic of pulling together parts. The opposite of mass is disjointedness.
- Proportion is the relationship of height to width, voids to solids, bulk of the structure to other nearby structures, and of the parts to the whole.
- Rhythm refers to the regular occurrence of elements, such as windows, doors, colors, and trim detail.
- Scale is the size — the three dimensions — of the proposed alteration. Its height, width, and bulk should relate well with its immediate adjacent surroundings.
- Colors and materials, including siding, trim, doors, windows, gutters, downspouts, roofing, and all other architectural details must relate harmoniously within the project; they must also be in context with the neighborhood.
(2) Location and impact on neighbors
The proposed alteration or improvement should relate favorably to the planning, landscaping, topography, and existing character of the neighborhood. The primary concerns are preservation of access, sunlight, ventilation, view, and drainage, as well as impact on the privacy and normal use of neighborhood property.
In reviewing the impact on neighbors, the ARC must balance the property rights and expectations of a property owner with the expectations of the neighbors. There is not always a perfect solution, but the ARC will consider all aspects before making a decision.
(3) Workmanship
The quality of the work should be equal to or better than that originally used or used in the neighborhood. If past practices are no longer acceptable industry or code practices, current and better practices must be followed.
(4) Size of home
The exterior appearance of a home and its siting on the lot are important factors. No home shall appear to be disproportionately large in relation to the adjacent house nor in relation to the site.
(5) Styling
No single architectural style is dictated for Woodstream Farms. The most important criterion for the house exterior is that it be harmonious with the surrounding environment. To accomplish this, consideration should be given to the existing natural elements as well as the design of the neighboring homes.
(6) Exterior materials and colors
The choice of exterior materials and colors is extremely important. The ARC looks favorably upon the use of colors which blend with the landscape or are consistent with colors used in the subdivision. Care should be taken to avoid the use of an excessive number of different materials (giving a cluttered appearance) and materials or colors with highly reflective characteristics. The ARC will be pleased to discuss this with you in advance if you desire.
(7) Roofscapes
One of the most visible elements on any home is the roof. Its ultimate appearance in relation to the structure should be carefully considered, as well as the color and texture of the roofing material so as to blend into the landscape. Mechanical equipment, vents, vent covers, etc. will be considered as an integral part of the design and should be treated as such. Roofs on additions should conform to the design of the original roof so as to appear to be part of an integrated structure and not an addition.
(8) Height
The height of any structure must be carefully evaluated in light of the height of neighboring homes and obstruction of natural landscaping elements.
(9) Garages
Side entrance garages are preferred, if possible, being limited to the width of two cars.
(10) Driveways
Driveways should not be a focal point because of the distractive effect from material elements and should be as unobtrusive as possible. To this end, asphalt rather than concrete driveways are preferred with driveways, where possible, being limited to the width of two cars.
(11) Fences
Fencing detracts from the natural beauty and feeling of open space. Fencing should be erected only for specific purposes and not merely to define property boundaries. The fence should be either transparent or should enhance rather than detract from the overall appearance of the property.
(12) Landscaping and existing trees
Site planning and clearing for additions or new construction should be accomplished insofar as is feasible in a manner which respects and preserves existing trees, vegetation, and land contours. Trees with a diameter of six inches or larger should not be removed if at all possible. Trees immediately adjacent to the construction site should be protected by your contractor to avoid damage.
The ARC may require you to submit landscape plans and may condition any approval upon appropriate landscaping.
(13) Setback and side lot lines
The maintenance of the present setback lines and the open feeling created by existing side lot lines are extremely important.
(14) Signs
During construction, no signs intended to advertise the architect or any contractor shall be displayed on a lot.
(15) Subdividing of lots
Subdivision of lots is not consistent with the campus setting of Woodstream Farms. Even if the area of each portion of a lot proposed to be re-subdivided is greater than the area of other lots in Woodstream Farms, the feeling of open spaciousness which is of importance to all homeowners will not be served by permitting subdivision of lots. Accordingly, re-subdivision of lots will not be approved.