20221705 Ver 1_More Info Received_20220714

Baker, Caroline D
From: Stephen Lazzari <[e-mail]>
Sent: Thursday, July 14, 2022 7:44 AM
To: Perez, Douglas J; Heidi Lichtner
Subject: Re: [External] FW: Lot 155 / Thackery Build Follow concerns
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Doug & Heidi,
I apologize for the lack of a prompt response but I was out of town for work. I went and checked on
everything when I got home last night. There has been absolutely no attempt to remove the dirt that is in the
ditch between my property and the Holbrooks. Perhaps they aren't putting the effort and time in to look into
the wooded area where all this is collecting despite me giving the specific area of issue to the lead HOA rep on
the board. The builder assured another representative of the board that it would be taken care of within a
couple weeks. That was in the middle of March. There is well over a foot of debris and it has overflowed both
the silt fences that they installed and that I had left installed from when they built my home.
Meanwhile, with each passing rain storm, more debris flows into the lake. It was especially bad last
night. While the builder has installed more fencing, it is not adequate and cannot keep up with the truck loads
of dirt he's brought in and done nothing with. The fencing he's used appears to push further into the 50 foot
boundry and is also not backed by wire (HOA rule violation).
As far as the trees, they definitely took some out but not a lot. It appeared they did some trimming (50% of
the height), but the amount of debris they have doesn't ad up to just that.
I'll got take photos today. Please let me know if you'd like to see them.
Steve
From: Perez, Douglas J <[e-mail]>
Sent: Monday, July 11, 2022 2:33 PM
To: Heidi Lichtner <[e-mail]>; Stephen Lazzari <[e-mail]>
Subject: RE: [External] FW: Lot 155 / Thackery Build Follow concerns
Hello Ms. Lichtner,
Yes, I received pictures on 7/1 from the construction crew that Mr. Holbrook hired, showing that they had removed
the sediment from the buffer, placed 6"-8" of mulch, and installed a second row of silt fencing. I didn't see any
attached photos or videos in the email that you forwarded however. Similarly, have they removed any trees from the
buffer? The construction crew was asking me if they could and I told them no, the trees would have to stay.
Let me know,
Doug Perez

From: Heidi Lichtner <[e-mail]>
Sent: Sunday, July 10, 2022 11:02 AM
To: Perez, Douglas J <[e-mail]>; Stephen Lazzari <[e-mail]>
Subject: [External] FW: Lot 155 / Thackery Build Follow concerns
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Report Spam.
Hello Doug,
I am forwarding an email from the neighbor I referenced in our discussion about 2 new build lots in NVH that are of
concern.
Thank you for the swift response on the clear cut lot. The neighbor I have copied on this email and whom wrote the
email below also has pictures and video of this lot bleeding into the lake for many months now. The owner of the lot is
Laurence Holbrook and I believe he resides in California.... you may already have his address as it was on the first letter
you wrote regarding the clear cut lot .... Is there any action here that DEQ can take to correct this situation?
Thank you,
Heidi
Sent from Mail for Windows
From: Stephen Lazzari
Sent: Sunday, July 10, 2022 10:34 AM
To: C Cifelli; Michael Bush; Anne; [e-mail]; [e-mail]; Heidi Lichtner
Cc: chevenne [e-mail]; Ctbowersox; [e-mail]; [e-mail]; g [e-mail];
[e-mail]; [e-mail]; [e-mail]; [e-mail]
Subject: Re: Lot 155 / Thackery Build Follow concerns
NVH - Board & Neighbors,
I'd like to bring up a few more issues that have occurred with this build / continue to be ignored:
1- It's been over 4 months since the builder said he would clean out the ditch of dirt. He indicated to Anne it
would be two weeks after her 3/18/22 correspondence to get equipment in. Nothing has been done to
remove this soil from the ditch which is partially on my property. This soil is so deep that it has exceeded the
height of the silt fencing. With every rain, our cove turns brown and more dirt flows into Lake Norman.
2 - The builder brought in more than six truck loads of soil which now erodes into the lake. This defies any
logic and common sense.
3 - The builder had workers there the entire July 41" weekend (including Sunday), that were sawing,
hammering, and blasting music. Needless to say, it did not make for an enjoyable experience for my family
nor our guests.
Steve
PS - Chalk up another flat tire.

From: C Cifelli <[e-mail]>
Sent: Saturday, July 9, 2022 1:38 PM
To: Michael Bush <[e-mail]>; Anne <[e-mail]>; [e-mail]
<[e-mail]>; [e-mail] <[e-mail]>; Heidi Lichtner <[e-mail]>
Cc: chevenne [e-mail] <chevenne [e-mail]>; Ctbowersox <ctbowersox@charter. net>;
[e-mail] <[e-mail]>; [e-mail] <goleafs@charter. net>; Stephen Lazzari
<[e-mail]>; g [e-mail] <g [e-mail]>; [e-mail]
<[e-mail]>; [e-mail] <[e-mail]>; [e-mail]
<[e-mail]>; [e-mail] <[e-mail]>
Subject: Lot 155 / Thackery Build Follow concerns
HOA Board,
This is a follow up from below email sent in early June. Clearly Friday June 24th has come and gone, several weeks now
, and yet we still have not seen any correspondence from the board regarding my initial request. Although there are
always extenuating circumstances from my perspective the only conclusion that can be drawn is the Board and does not
take the reasonable concerns of the residents seriously. I can honestly write that I have taken a step back as to not let
my growing annoyance influence the decorum required to present our position regarding this matter. To that end, if
you can not respond to the below in the granular details I requested (ASAP) I will be compelled to ask for a meeting with
the neighborhood attorney. It is my understanding the attorney represents the ENTIRE neighborhood and not just the
Board. I would assume there will be an expense involved with getting them involved but would think the fines being
levied on the builder and homeowner would more than cover 30 minutes of the attorney's time.
In your response please include, with as much detail as possible, the rationale fines have not been accruing. Although I
can not think of a single reason why this might be the case since I understand the hearings have already taken
place. However; if it is the case we need to understand why the rules do not apply to this builder and this
homeowner. Not to digress , but it may be interesting to find out your position on why we have HOA rules at all if clear
offenders do not have to live by them.
We are in the 17th month of this build and it looks like at a bare minimum we have 6 months to go. Our patience has
been exhausted, and asking for legal advice seems to be the most prudent move forward. Our plan was to attend the
next board meeting until it was brought to my attention that in person meetings only take place every other month
now.
I will be forwarding on several of the other infractions that were sent to me by members of this culdesac. I was hoping
we would not have to entertain each infraction but that also seems to be how the Board would like to proceed so we
will accommodate.
Regards,
Chris Cifelli and 9 ( we have added a new resident ) homeowners.
(Previous email below sent June 9th, 2022)
HOA Board Members,
This is Chris Cifelli following up on the formal complaint I made at the HOA meeting and the ACC meeting.
As discussed, the above build has gone way past the 12 months provided by our contracts regardless on which start date
you use. ( March or April ). Even from a layman's perspective this build is at least 6 months from completion. I am
writing with only one goal in mind which is to accelerate the completion of this project. To be sure, there are many

violations that the residents on this distribution list can point out, they are all secondary to the length of time we are
having to endure them. The 12 month time frame is incontrovertible and no excuse can defend it , not even supply
issues revolving around COVID. There have been several builds in our neighborhood that have been completed in this
same time frame.
The 9 residents on this email are all in agreement and , to that end, happy to participate in all aspects of this complaint
moving forward. We will initially defer to the board's best judgement on how much participation makes sense for this
group to make. Clearly, you are our representatives so we will lean on your guidance for the most expeditious
resolution.
We would like to be kept up to speed with the activity moving forward. Some of the detail we would like to understand
are :
- Date of hearings for both the Contractor and the Owners
- Date the financial penalties begin
- The amount and the running totals of fines issued and collected
Ultimately, if the above incentives are not enough to get the contractor/ owners to meet their contractual obligations
we want to deploy every available tool in our existing box, including but not limited to placing a lien on the property. I
am certain no one wants things to escalate to that level ; however, we have rules for a reason and sometimes the only
way to get delinquent contractors to comply is to play hardball.
We look forward to working closely with the board and ACC. We are respectfully requesting an update from the Board,
on the above, by Friday 24th of June and subsequent updates every two weeks until completion of the build.
Regards,
Chris Cifelli and the 8 Residents on Thackery and Crofte.
PS. For the residents, please do not send individual emails back and forth on the email distribution. We are all very
upset and have individual complaints but having this email chain spiral into a " NVH Forum Page " will not help our
cause. If you have something very pressing please send it to me and I will consolidate them all and send them out in one
email.