Revision July 1, 2025
Hale Estates Owners'
Association Architectural Design Policy and Procedure
Welcome to Hale Estates
The following requirements are based on Hale Estates Amended Covenants Restrictions and Easements and are meant to help clarify the process of receiving approval for your new home or renovation. It is very important to read the complete set of Covenants. Please don’t hesitate to contact the Design Committee for further clarification at haleestates01@gmail.com.
Construction Plan Requirements
No Home or Improvement shall be commenced, erected, placed, or maintained on any Lot and no changes or alterations shall be made to the exterior of any such Home or Improvement until adequate specifications, site locations and other pertinent data (including the color, shape, height, location, dimensions, materials, external decorations, and any other requested information) have been approved and a signed copy of the ‘HEOA Acknowledgement of the Governing Documents’ form has been received by the Design committee. [Section 8. Design. (b) Procedure]
House Floor Plan
The House Floor Plan must be drawn to the architect’s scale (1/4”=1’) and printed on 24” x 36” paper or provided in PDF format. The House Plan, drawn to scale, includes floor plans, room dimensions, building height, and elevations for all sides of the building.
Survey Site Plan
The Survey Site Plan must be drawn to engineering scale (1”=20’) and printed on 24” x 36” paper or provided in PDF format. The Survey Lot Plan shows the setbacks and positions of the Home, any external Garage, the Driveway, the septic tank, and if not on common septic, the location of the leach field.
Driveway Entrance
Note that the driveway must enter the road as per the master design of the association as approved by the Town of Conway. A driveway entrance to the road can be moved, but doing so requires approval from the Town of Conway.
Submission of Plans
Please deliver plans in one of the following ways:
● Deliver the paper copies to the Design Committee Chairperson by hand.
● Mail the paper copies to:
Hale Estates Owners’ Association
1026A Grandview Road
Conway, NH 03818
● Email PDF copies to haleestates01@gmail.com.
General Construction and Renovation Requirements
All construction must follow the approved plans and comply with Town of Conway Article IV Building Code, including but not limited to all permit requirements.
● Construction of all buildings and other structures on any Lot shall be completed within one year from the date of Building Permit issuance by the Town of Conway. Completion shall include exterior finishing and driveway. [Section 7. Land Use. (o) Completion of Construction]
● Homes constructed on any Lot shall not be occupied or used for residential purposes until said Home is issued an occupancy permit by the Town of Conway, nor shall any structure on any Lot other than the Home be used or occupied for residential purposes. [Section 7. Land Use. (n) Occupancy]
● No Lot may be used in a manner inconsistent with the residential and natural ecological character of Hale Estates or in any manner inconsistent with achieving the Goals of the Association. [Section 7. Land Use. (s) Use of Property]
● Each Lot shall be used for Residential purposes only. [Section 7. Land Use. (b) Residential Use]
● Only one single-family dwelling and a garage are allowed. [Section 7. Land Use. (b) Residential Use]
● A garage, whether attached or detached, for not more than 3 cars may be constructed on any Lot. [Section 7. Land Use. (b) Residential Use]
● A shed is permitted for the storage of garden and lawn care equipment, tools, and implements used in the maintenance of the Home and/or Lot. [Section 7. Land Use. (k) sheds]
● No Structures should be placed beyond the frontal property marking pins.
● Any exterior lighting must not cause undue glare towards any adjacent Home. [Appendix B. Conditions and General Specifications. (5)]
● Garbage and rubbish shall be contained in a suitable closed receptacle that is screened from public view. [Section 7. Land Use. (j) Sanitation]
● Within one year after construction has been completed on a Home, all disturbed ground surfaces must be landscaped in a manner consistent with achieving the Goals of the Association and where applicable, in compliance with the NHDES Model Water Efficient Landscaping Regulation for Municipalities. This includes adhering to area limits for lawns, utilizing native plants, preserving mature trees, meeting minimum loam standards, and following water efficiency guidelines for yard watering systems. Furthermore, the association strictly enforces its water conservation requirement for homes utilizing yard watering systems. Odd-numbered homes are permitted to water for no more than 20 minutes per zone on Monday, Wednesday, and Friday, while even-numbered homes may water on Tuesday, Thursday, and Saturday. No watering is permitted on Sunday to ensure responsible water usage and conservation efforts are maintained throughout the community. [Section 7. Land Use. (q) Landscaping]
Construction Contractor Requirements
● For sanitary considerations and privacy for the construction crews and Owners, it is required to place a portable toilet (Port-a-Potty) on a Lot during active construction for a period not to exceed twelve months. [Section 7. Land Use. (j) Sanitation]
● No obstruction of traffic on any roads or blocking of driveway entries to any Homes is allowed. [Section 7. Land Use. (w) Use of Roads]
● During construction, the driveway apron shall have gravel in front of the apron for a minimum of 10 feet to reduce the amount of dirt on truck tires from entering the roadway.
● Any paved areas over which the contractor's equipment is transported or used, including but not limited to driveways, cul-de-sacs, and roadways, must be thoroughly cleaned of all trash, soil, gravel, or any other debris.
● Reasonable on-site clean-up must take place at the end of each workday. Excess material should be immediately removed after completion of construction and prior to occupancy.
● The owner and/or contractor shall maintain and store construction material, trash, and equipment in a neatly stacked, properly covered, secure, and safe manner, so that the impact on neighboring properties is minimized. Burning trash or construction debris is prohibited.
● Excavation material shall not be placed in common areas, roads, or other Lots. Any excess excavation material should be disposed of by the owner in a timely manner at an authorized location.
Utility Requirements
● Utility connections must be made by the utility vendor (e.g., Iron Mountain (water), Eversource (electric), etc.) and inspected by the Town of Conway when required by town ordinance. [Section 8. Design. (c) Inspection of Utility Connections]
● All Homes that are designated on the Development Plan as connecting to the common leaching fields must do so. [Section 7. Land Use. (g) Common Septic Systems] It is mandatory for Homes connected to the Community Septic Systems to have a curbside septic system shutoff valve installed for operational purposes.
● All Homes that are designated on the Development Plan as having private septic systems must be constructed in compliance with applicable law. [Section 7. Land Use. (f) Private Septic Systems]
● All Homes must connect to the Community water system serving Hale Estates and operated by the Association. No private wells are allowed on any Lot. [Section 7. Land Use. (h) Community Water System]
● The builder is responsible for verifying the installation of a water pressure-reducing valve. All Homes are required to have a water pressure-reducing valve installed.
● Tanks for the storage of fuel shall be installed underground or kept inside a building (i.e., a
Home, Detached Garage, or Shed). [Section 7. Land Use. (t) View]
● All power and utility lines must be underground. [Appendix B. Conditions and General Specifications. (6)]
● Industry standards state that electrical, water, and sewer lines must be separated from each other by at least 10 feet laterally in the trenching, and/or provide water and sewer in sleeved piping.
Dwelling and Structure Construction Requirements
● Each Home shall be not more than two stories above the ground. [Section 7. Land Use. (p) Minimum Construction Standards]
● Each Home must have a permanent year-round heating system. [Section 7. Land Use. (p) Minimum Construction Standards]
For all Lots 1-3 and 15-107:
● The minimum square footage shall be at least 1500 square feet of finished living space for a one-story dwelling or 1800 square feet of finished living space for a two-story dwelling. [Section 7. Land Use. (p) Minimum Construction Standards]
● A Home may have a maximum of 3 bedrooms. [Common Septic Design and Water System Design]
For Lots 4-11 (High Point Road):
● The minimum square footage shall be at least 1800 square feet of finished living space for a one-story dwelling or 2400 square feet of finished living space for a two-story dwelling. [Section 7. Land Use. (p) Minimum Construction Standards]
● A Home may have a maximum of 4 bedrooms. [Common Septic Design and Water System Design]
● Building color shall be harmonious with the characteristics of the development as approved by the Design Committee. [Section 7. Land Use. (p) Minimum Construction Standards]
● Cedar shake siding, vinyl siding, and concrete siding are acceptable. All buildings with wood siding shall have paint or stain applied thereto. [Section 7. Land Use. (p) Minimum Construction Standards]
● All roofs shall be shingled or covered by dark coverage with no paper exposed. Standing seam metal roofing is acceptable. [Section 7. Land Use. (p) Minimum Construction Standards]
● Roofs shall be dark in color. [Appendix B. Conditions and General Specifications. (3)]
● A shed or detached garage shall not exceed 400 square feet and must be finished (siding, trim, roofing, etc.) in a manner that is consistent with the Home’s finish. [Section 7. Land Use. (k) sheds]
● Solar Panels for hot water or photovoltaic are permitted. [Section 7. Land Use. (p) Minimum Construction Standards. (i) Solar Panels]
● Solar panels must be mounted on a Home, Garage, or Shed. See the above-noted section in the Covenants for rules on panel mounting.
● Geothermal Heat & Air Conditioning is allowed. [Section 7. Land Use. (p) Minimum Construction Standards. (ii) Geothermal Heat & Air Conditioning] See the above-noted section in the Covenants for rules related to the loop system used.
Construction Site Requirements
● No excavation shall be made on any Lot except for the purpose of building thereon. [Section 7. Land Use. (o) Completion of Construction]
● The owner of each Lot must maintain a vegetative buffer extending at least ten (10) feet from all lot boundaries, excluding road frontage, to preserve the natural aesthetics and privacy of the community. Owners and/or builders who breach the ten-foot boundary will be required to replant and/or restore any natural vegetative buffer that has been compromised at their own cost. Any removal or topping of trees larger than 4 inches within the buffer zone necessitates approval from the Board of Directors. [Section 7. Land Use. (v) Buffer Zones]
Grading, Drainage, and Erosion Control
● All buildings must blend with the natural grade of the site and surrounding properties. Excavation or fill in the front, rear, or side yard setbacks must be kept to a minimum with special attention given to maintaining existing trees.
● All finished grading must meet existing grades at property lines and be compatible with neighboring lots.
● Foundation exposure must be kept to a minimum. The HEOA prefers a foundation exposure of 6 inches; however, a maximum exposure of 24 inches will be allowed if proper sloped or stepped foundation treatments are used (see Appendix C). Stucco applied directly on foundation walls does not meet the HEOA requirement as outlined in this section. On houses having stucco siding, the stucco may be carried down over the foundation, as long as both surfaces are in the same plane.
● All retaining walls, if required, shall not exceed a four feet average in height (see Appendix D). Where slopes require more than four feet of retention, a series of stair-stepped walls, with planting spaces between, will be required. For erosion and silt control during construction, the HEOA requires the use of straw bales or silt fencing. It is particularly important that silt control be carefully monitored on lots adjacent to completed home sites.
● Within any sloped bank, no activity may take place that would interfere with or damage established slope ratios, create erosion or sliding problems, or change the flow of water through drainage channels. No slope can be altered unless approved by the HEOA Design Committee. The HEOA will require that all steep slopes in rear yards adjacent to culverts or drainage channels be left in their natural undisturbed state to preserve the original character of Hale Estates.
● Prohibit elevations that are duplicates in appearance of any existing or approved home in Hale Estates. The use of different materials may preclude this requirement, if approved by the HEOA Design Committee. Elevation approval shall consist of a review of front, side, and rear elevations.
● Lot grades shall not be changed in such a way as to divert the natural flow of water onto an adjoining Lot or to flood or damage a community road or common drainage system. [Section 7. Land Use. (p) Minimum Construction Standards]
● Structures must be sited so as to cause minimum disruption to existing vegetation, existing slope of the land, and existing patterns of site drainage. [Appendix B. Conditions and General Specifications. (4)]
● Building and other structures shall be constructed or placed on a Lot no less than 50 feet from the center of the road. [Section 7. Land Use. (a) Setback)]
● An owner of two or more adjacent Lots may place a single-family dwelling anywhere within those multiple Lots. [Section 7. Land Use. (e) Single Family Home on multiple Lots]
● Building and other structures shall be constructed no less than 20 feet from the boundaries of the adjacent Lot. [Section 7. Land Use. (a) Setback)]
● When two or more adjoining Lots are used for a single Home then the 20 feet requirement applies to the boundary with the adjacent Lot of a different owner. [Section 7. Land Use. (a) Setback)]
● Driveways shall be finished with asphalt, stone, crushed gravel, or any finished driveway material identified in the Lot plan and approved by the Design Committee. [Section 7. Land Use. (o) Completion of Construction)]
● A shed must be located no less than 15 feet from the rear and side boundaries of the Lot. [Section 7. Land Use. (k) sheds)]
● Private Swimming Pools and Tennis courts or similar structures for outdoor physical activities or games shall not be built in the front of a Home. [Section 7. Land Use. (u) Swimming Pools and Tennis Courts)]
● Swimming pools and Tennis courts must be located no less than 15 feet from the rear and side boundaries of a Lot.
Restrictions and Limitations
● No separate in-law dwellings or accessory dwelling units (ADUs), which are independent of the Home (e.g., separate kitchens, living rooms, entrances, etc.), are allowed. [Section 7. Land Use. (b) Residential Use)]
● No building shall be erected having a single tar paper roof or exposed concrete block foundation or walls more than 2 feet. [Section 7. Land Use. (p) Minimum Construction Standards)]
● No wall, screen, or fence shall be constructed with a height of more than seven feet above ground level. [Section 7. Land Use. (t) View)]
● No mobile Homes, trailers, recreational vehicles, or similar temporary or movable vehicle or structure shall be used for residential purposes. [Section 7. Land Use. (i) Types of Buildings)] ● No Television Antenna or Satellite Dish larger than 24” in diameter is allowed. [Section 7. Land Use. (t) View)]
● No wind generators or towers of any kind for any purpose may be erected. [Section 7. Land Use. (t) View)]
● Garbage Disposals are prohibited and may not be installed [Section 7. Land Use. (g) Common Septic Systems]
HEOA Acknowledgement of Governing Documents
Hale Estates Owners’ Association
1026A Grandview Road
Conway, NH 03818
I hereby declare that I have received and read the Amended Covenants, Restrictions and Easements of Hale Estates Owners’ Association, and I acknowledge that the property at ___________________________________________________________________________ (Home address or Lot # ) is subject to these Amended Covenants, Restrictions and Easements.
_______________________________________________________ ______________________
Owner’s Signature Date
_______________________________________________________
Builder’s Signature (If applicable)
*This completed form must be submitted with design documents as a condition to gain approval of all new construction. Where applicable the Town of Conway Building Permit must be emailed to haleestates01@gmail.com within 30 days of issue.
APPENDIX A
LEGAL DESCRIPTION OF LAND TO WHICH AMENDED COVENANTS APPLY
PARCEL I (Sparks Parcel)
All that portion of the former Matthew Hale Farm lying West of the Boston and Maine Railroad and West of the West Side Road, and shown as Parcel 1 on a plan entitled, "Plan of 2 parcels of land in Conway, New Hampshire. Being a portion of the Gladys E. Hale property known as the Matthew Hale Farm. Surveyed 1960 by Roger S. Burnell, Conway, N.H." Said Parcel 1 is further described as follows:
Beginning at a stone post in the West line of the Boston and Maine Railroad right of way, said stone post being at the Northwest corner of the old Oliver and Samuel Sparhawk Cemetery, said stone post also being in the North line of land of Leonard R. and Naydene R. Drew, formerly of Fred H. Sawyer, and known as the Samuel Hayes Farm, and said stone post being at the Southeast corner of Parcel 1 herein conveyed;
Bearing the following courses and distances by land of said Drews:
South 85° West by old wire fence, 115.5 feet to a stone post and iron pipe; South 16° 30' West still by old wire fence, 106 feet to 2 stones and an iron pipe;
North 75° 30' West up and over the ridge, 1,765 feet to a stone post at the East side of an old road;
Same course 2,284 feet to a bronze pipe at the East side of an old road leading South to the Passaconaway Road;
Same course, 653 feet to a stone post on the Conway-Albany Town Line, said stone post being at the Northwest corner of land of said Leonard R. and Naydene R. Drew, and said stone post being on the East line of land of the United States Government (White Mountain National Forest) known as Tract 14a—V, formerly of the Conway Lumber Co.;
Thence North 6° 20' East, by said Town Line, 324 feet to an iron bar at the Northeast corner of land of said United States Government, said iron bar also being at the Southeast corner of land of the Kennett Co., formerly of Mary A. Coolidge;
Thence North 5° East still by said Town Line and by land of said Kennett Co., 732 feet to an iron bar beside a hemlock tree at the Southwest corner of land of Lucille S. Marshall, formerly of Harry L. Smith;
Thence South 75° East, by land of said Marshall, 900 feet to the center of said old road leading out to the Passaconaway Road;
Thence same course, 1 ,195 feet to a cement post at the Southeast corner of land of said Marshall, said cement post being also at the Southwest corner of land of Harry P. DeWitt, formerly of Edwin R. and Perley L. Walker, known as the Samuel K. Merrill Farm;
Thence approximately South 73° 30' East, by land of said DeWitt, and partly by old wire fence, approximately 2,780 feet to a corner of fences at said Boston and Maine Railroad land;
Thence approximately South 6° 30' West, by said railroad right of way, approximately 765 feet to the bound begun at.
Containing 107.4 acres.
TOGETHER WITH a right of way 50 feet in width as described in Warranty Deed of William F. Sparks et ux to Danny S. Quint, ante.
MEANING AND INTENDING to convey the same premises conveyed to Danny S. Quint (Sr.) by Warranty Deed of William F. Sparks et ux, recorded November 19,1986 at said Registry Book 1161, Page 330.
PARCEL II (Drew Parcel)
A certain tract of land located west of railroad track land or right of way known as the Conway Scenic Railroad and south of land of Sparks, described as follows:
Bounded on the West by land of the United States of America (White Mountain National Forest), on the North by land of said Sparks; on the East by said railroad land or right of way, and bounded on the South by land of Velt and land of Kennett or Kennett Corporation. Said parcel to contain not less than ninety—five (95) acres of land.
MEANING AND INTENDING to describe those premises conveyed to Danny S. Quint (Sr.) by warranty deed of Leonard S. Drew and Naydene R. Drew recorded 18 March 1988 at Carroll County Registry of Deeds Book 1311, Page 391.
TOGETHER WITH the various rights of way and easements which serve both said parcels.
MEANING AND INTENDING to describe as Parcels I and II all and the same premises conveyed to Hale Highlands Development Corporation by Warranty Deed of Danny S. Quint, Sr. recorded December 30, 1988 at said Registry Book 1363, Page 258.
APPENDIX B
CONDITIONS AND GENERAL SPECIFICATIONS FOR THE DESIGN OF ALL STRUCTURES
PURPOSE: The purpose of these conditions and General Specifications is the following:
1. To ensure that all houses and other structures built on Lots within Hale Estates are in harmony with each other in terms of exterior building materials and their colors.
2. To ensure that all houses and other structures are built so as to minimize their visibility from other houses within Hale Estates.
3. To ensure that all houses and other structures are built in harmony with the land so as to minimize the negative impact upon the natural landscape.
CONDITIONS AND GENERAL SPECIFICATIONS:
In addition to the provisions of Section 7 (a) of the Covenants, the following shall apply to all structures:
1. Exterior building siding shall be wood, vinyl, stone or brick.
2. Exterior wood siding shall be sealed, stained, or painted as approved by the Design Committee.
3. Roofs shall be dark in color.
4. Structures shall be sited so as to cause minimum disruption to existing vegetation, existing slope of the land, and existing patterns of site drainage.
5. Any exterior lighting shall be such as not to cause undue glare towards any adjacent home.
6. All power and telephone lines shall be underground.
APPENDIX C
Suggested alternative for sloped foundation treatments:
APPENDIX D
All retaining walls constructed shall not exceed 4’ in height
Where slopes require more than 4’ of retention, a series of stair stepped walls with planting spaces between will be required.
Allowable Materials: Stacked Stone, Laid Stone, Timber (with HEOA Design Committee approval), Stuccoed Concrete with Stone or Brick Cap, Brick or man-made stone (with HEOA Design Committee approval)
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