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BATCH - Supplemental - 0201 Patchen Road (6)
r � f 3. Contact person �� l� tiy o�-2 q r Address o rse-1-" S PROJECT DESCRIPTION: ACT 250 LAND USE PERMIT APPLICATION 10 VSA, CHP. 151 NAMES: 1. Applicant(s)Name: Address .7,(, nc r .file number date received .[ ] complete [!] incomplete init. .date completed .coordinator or clerk signature: ............OFFICE USE ONLY ...................... CL-[ 1 G Mu o b Iq SnV-t-L ?1,Y- 'n PT6h 7, e S,, u-N Bur i ovj VT-- Phone B' � �3 - `' b39 Legal form: [X individual [ ] partnership (attach list of partners) [ ] corporation: date formed place formed date reg. in Vt. [ ] municipal gov't [ ] state gov't Legal interest in land: [ ] -ownership in fee simple [ ] lease agreement [ ] contract to purchase [ ] other: 2. Landowner (s ) name i e a GI a I; /, L U S o Address ,-�j L(� &,DrSeT fir• Sa_ `n a� C� 5 /U 3 / Phone ba- , S-a_ B0 rl; V 6H 7 V,g 7-t' , VT 0y n Phon &oZ 63-b3 1 4. Type: [X] new project [ ] expansion of project previously exempt from Act 250 [ ] amendment of existing Act 250 project (permit # ) [ ] permit condition modification (permit # ) 5. General description (include number and size of buildings; use of buildings/ n mber of lots; length of roads; etc.): C alV 1 e Fo v �l0me n p do n r � m � r oT2��G ovv, r S c v -,Tc4 o w i h i m U Pi 7 -r5 - ` In It 5w i - `� v C _e_ o ova o h /- a� `l a c res o n /='a mo ire n Sb O rk 6. Construction duration F-v e- S ea Duration of Permit Request Se~v e-h LAND: f 7. Total acres owned or controlled by applicant and landowner at project site Acres in additional easements or rights -of -way Acres committed to this project (p Location: town So. 3ur1;n97's,, road a ,7,, en of _ roµte number Nearby landmark Tv ti o r-`f� o f Se w. rner w Da �:-' 0V, 1) rn �[ h i u v" s Distance from landmark Direction from landmark r 8. Deed (s) : grantee' s name as recorded (\o,v�J ,, [ - -_ U. d n recorded: book (s ) /a' <o page (s )396 ' Ff date (� ) 3 �- town Sic) _ uY ti o h county C_ 4 OTHER INFORMATION: 9. Are you concurrently applying for a Water Supply and Wastewater Disposal Permit, a Subdivision Permit, or any other permit from the Wastewater Management Division of the Agency of Natural Resources? [ ] yes [jy no eAovle 10. Have you received local zoning and/or subdivision approval? [\,4- yes [ ] pending [ ] none needed 11. Attach the following unless waived by the District Coordinator: [ ] location map (U.S. Geological Survey map preferred) [ ] site plan or plot plan (see instructions) ( ] building floor plan(s) (excluding single family homes) [ ] building elevation drawings (excluding single family homes) [ ] schedule A - fee information [ ) schedule B - Act 250 information (see instructions) [ ] schedule C - Water Supply and Wastewater Disposal Permit information (if concurrent application) [ ] schedule D - Subdivision Permit information (if concurrent application) [ ] schedule E - adjoiner information [ ] schedule F - certification of service ( ] supporting documents as recommended in Schedule B or as needed [ ) Act 250 fee (payable "State of Vermont") [ ] Water Supply and Wastewater Disposal or Subdivision application fee (payable "State of Vermont") (if concurrent application) [ ] Affidavit of Notice to Adjoiners (See Schedule G-1) [ ] posting notice at Town Clerk Office (Schedule G-2) SIGNATURES: 12. I hereby swear that the information provided above or attached to this application is true and c ur e to the best of my knowledge. Signature of applicants date I 13. I hereby certify th t I understand that I must not commence construction, demoli i n, remodeling or commercial use of the property as described in Environmental Board Rule 2(C) until I have received an Act 250 Land Use Permit P required by 10 VSA Sec. 6083(a). Signature of applicant(s) date -7 _ 14. I hereby authorize th pro.cessing of -,this application for the above project on land(s) t own, control , ,or have significant property interest in. (attach''let, er if �easiet) / % +s-. `=date Z Signature of landowner4s) � ,.,r'�' DISTRIBUTION: 15. SUBMIT THE ORIGINAL AND FOUR COPIES TO THE DISTRICT COORDINATOR. 16. SUBMIT TWO ADDITIONAL COPIES TO THE DISTRICT COORDINATOR IF YOU-iCR 147 ALSO APPLYING FOR PERMITS FROM THE PROTECTION DIVISION. 17. SUBMIT ADDITIONAL COPIES TO THE MUNICIPALITY, MUNICIPAL PLANNING COMMISSION, REGIONAL PLANNING COMMISSION, AND TO ANY ADJOINING MZTNTCTPAT,TTIES AND PLANNING COMMISSIONS. c SCHEDULE A Fee Information ACT 250 Submit with the application a check payable to the "State of Vermont". Municipal and state agency projects are exempt. Not - for -profits are not exempt. Calculate the fee using the following table: 1) Number of lots to be created x $50.00 = $ �- 2) Gravel Pits: $.10/cubic yard of extraction rate $ --- 3) Construction costs subdivisions): Site preparation Buildings: a) sq. ft. b) $ per sq. ft. total (a x b) Roads and parking Utilities-Si�ew�C'�� Off -site improvements Landscaping Other 4) the estimated annual (include only common $T n G)uJe_W /e/DW facilities for Total F93 .. * Minimum fee of $too for new applications Minimum fee of $25 for amendment applications Treat expansions of approved projects as new applications SUBDIVISION PERMIT/WATER SUPPLY AND WASTEWATER DISPOSAL PERMIT Submit with the application a check payable to the "State of Vermont" if you are concurrently applying for a Subdivision Permit or Water Supply and Wastewater Disposal Permit from the Protection Division of the Department of Environmental Conservation, Agency of Natural Resources. Calculate the fee from the following table: Subdivisions: f Public Buildings, Campgrounds, Mobile $150 per lot Home Parks: (waste water flows)* $ 50 per deferred lot $.36 per gallon of design flow with a $100 minimum. Fee attached $ * contact the Regional Engineer for the Protection Division if uncertain I attest by my signature that the above is true to the best of my knowledge: 4/95:SCHEDA Schedule E Adjoiner Information Cedar Ridge Townhomes Owners of Contiguous Properties Germaine Leclair Martin, James A. 185 Patchen Rd. 355 Patchen Rd. #7 S. Burlington, VT 05403 S. Burlington, VT 05403 Summer Woods Associates Pasqual, Michael W.W. Hart 355 Patchen Rd. #8 252 College St. S. Burlington, VT 05403 Burlington, VT 05401 The Society of H. Adam Summer Woods Community Assoc. c/o Carl Lisman Carol Gansby, Agent Lisman & Lisman P.O. Box 2121 84 Pine Street South Burlington, VT 05403 Burlington, VT 05401 Tygate Properties City of South Burlington 1076 Williston Rd. 575 Dorset St. S. Burlington, VT 05403 S. Burlington, VT 05403 Evelyn Lamplough Marilyn J. Gleason c/o Tygate Properties 34 Luck St. 1076 Williston Rd. Burlington, VT 05401 S. Burlington, VT 05403 Richard & Sue A. Sweterlitsch Dorfman, Carolyn R. 219 Patchen Rd. 355 Patchen Rd. #1 S. Burlington, VT 05403 S. Burlington, VT 05403 Alan V. Merchant Pendo, Stephen A. 215 Patchen Rd. 355 Patchen Rd. #2 S. Burlington, VT 05403 S. Burlington, VT 05403 David A. Keough Burns, David M. Holly A. Ryan 355 Patchen Rd. #3 211 Patchen Rd. S. Burlington, VT 05403 S. Burlington, VT 05403 Carter, Elizabeth A. Gary E. & Grace E. Martin 355 Patchen Rd. #4 209 Patchen Rd. S. Burlington, VT 05403 S. Burlington, VT 05403 Gouvin, John P. and Helen A 355 Patchen Rd. #5 S. Burlington, VT 05403 Swainbank, John A. 355 Patchen Rd. #6 S. Burlington, VT 05403 r SCHEDULE C-1 I, South Burlington Realty Co. , certify that on July 12 , 1996, I sent the enclosed notice to the adjoiners listed below. Dated: ADJOINERS: 1. **SEE ENCLOSED LIST: SCHEDULE E (Name) (Address) 2. , 3. , 4. , 5. , 6. , 7. , 9. _ 10. , Pursuant to 10 V.S.A. §6084(a): The applicant, similarly, shall send notice to adjoining property owners that an application has been filed. The notice shall state that a copy of the application may be reviewed at the municipal offices. The applicant shall furnish to the district commission the names of those furnished notice by affidavit, and shall post a copy of the notice in the town clerk's office of the town or towns wherein the land lies. (Please note: The notice must include a description of the project, location, name of applicant, District Environmental Commission Office telephone number and mailing address.) c:\3pplicat\schedg-1 r Germaine Leclair 185 Patchen Rd. S. Burlington, V'T 05403 Summer Woods Associates W.W. Hart 252 College St. Burlington, VT 05401 Summer Woods Community Assoc. Carol Gansby, Agent P.O. Box 2121 South Burlington, VT 05403 Tygate Properties 1076 Williston Rd. S. Burlington, VT 05403 Evelyn Lamplough c/o Tygate Properties 1076 Williston Rd. S. Burlington, VT 05403 Dorfman, Carolyn R. 355 Patchen Rd. #1 S. Burlington, VT 05403 Pendo, Stephen A. 355 Patchen Rd. 42 S. Burlington, VT 05403 Burns, David M. 355 Patchen Rd. #3 S. Burlington, VT 05403 Carter, Elizabeth A. 355 Patchen Rd. #4 S. Burlington, VT 05403 Gouvin, John P. and Helen 355 Patchcn Rd. #5 S. Burlington, VT 05403 Swainbank, John A. 355 Patchen Rd. #6 S. Burlington, VT 05403 Schedule E Adjoiner Information Cedar Ridge Townhotnes Owners of Contiguous Properties i Martin, James A. 355 Patchen Rd. #7 S. Burlington, VT 05403 Pasqual, Michael 355 Patchen Rd. #8 S. Burlington, VT 05403 The Society of H. Adam c/o Carl Lisman Lisman & Lisman 84 Pine Street Burlington, VT 05401 City of South Burlington 575 Dorset St. S. Burlington, VT 05403 Marilyn J. Gleason 34 Luck St. Burlington, VT 05401 Richard & Sue A. Sweterlitseh 219 Patchen Rd. S. Burlington, VT 05403 Alan V. Merchant 215 Patchen Rd. S. Burlington, VT 05403 David A. Keough Holly A. Ryan 211 Patchen Rd. S. Burlington, VT 05403 Gary E. & Grace E. Martin 209 Patchen Rd. S. Burlington, VT 05403 f 1 1 SCHEDULE G-2 I, South Burlington Realty Co., hereby give notice to those persons (applicant) on the attached list that I propose to construct a condominium project comprised of 92 condominium units in 23 buildings with =/- 1,950 feet (describe project) of new roadway and related improvements, with city water and sewer, , on a track of +/- 27.76 acres in the town of South Burlington, Vermont. This project is located on Patchen Road (Route #k, Street location, Road Name) A copy of the application may be viewed in the town offices. If you have questions about the application, please contact District 111 West Street, Essex Junction, # 4 Environmental commission, 4txSc�i�t�x��� Vermont � 05 5?Telephone # (802) 879-6563 c:\mis\schedg-2 F 0 CEDAR RIDGE TOWNHOMES ACT 250 APPLICATION LIST OF EXHIBITS 1. "Cedar Ridge Townhomes", Plan Set by Trudell Consulting Engineers: Sheet 0. Subdivision Plat 5-1-96 SPI. Master Site Plan Rev. 5-28-96 SP2. Site Plan Rev. 5-28-96 SP3. Utility Plan Rev. 5-28-96 P1. Road Profile Rev. 5-28-96 D1. Sewer Details Rev. 5-28-96 D2. Pump Station Profile Rev. 5-28-96 D3. Pump Station Section & Plan Rev. 5-28-96 D4. Storage Tank Rev. 5-28-96 D5. Pump Station Details Rev. 5-28-96 D6. Water Details Rev. 5-28-96 D7. Drainage Details Rev. 5-28-96 D8. Erosion Control Details Rev. 5-28-96 2. Declaration of Covenants, Conditions, Restrictions, Easements, Liens and Cedar Ridge Association Bylaws 3. Deleted (Included in #2 above) 4. South Burlington Final Plat Approval: Findings of Fact & Decision 5. Letter from Joe Weith, South Burlington City Planner re: Sewage Allocation dated 4-9-96 6. Water Supply and Wastewater Disposal Permit #WW-4-0949 7. Flood Insurance Rate Map 8. Letter from Champlain Water District dated 4-4-96 9. Letter from South Burlington Water Department dated 4-2-96 10. Cedar Ridge Fire Flow Testing 11. State of Vermont Public Water System Permit to Construct 12. Stormwater Discharge Permit Application 13. Letter from Joe Weith, South Burlington City Planner re: roadway acceptance and miscellaneous information. 14. Letter from South Burlington Fire Chief dated 4-5-96 15. Cedar Ridge Traffic Impact Analysis 16. School Impact Questionnaire 17. Letter from Bruce Chattman, Superintendent, So. Burlington School District dated 4-7-96 18. Municipal Impact Form 19. Letter from South Burlington Chief of Police dated 4-26-96 CEDAR RIDGE TOWNHOMES ACT 250 APPLICATION LIST OF EXHIBITS (CONT.) 20. Letter from UVM Rescue dated 4-16-96 21. Letter from District Wildlife Biologist dated 5-20-96 22. Letter from Robert Popp, Natural Heritage Program 23. Letter from Department of Agriculture dated 4-27-96 24. Letter from County Forester dated 4-19-96 25. Letter from Green Mountain Power dated 4-5-96 26. Letter from NYNEX dated 4-4-96 27. Letter from Vermont Gas dated 4-3-96 28. City of South Burlington Comprehensive Plan 1996, Excerpts 29. Chittenden County Regional Plan, Excerpts 30. Cedar Ridge Townhomes Typical Elevations 31. Letter From State Geologist, Dated 7-9-96 Cedar Ridge Townhomes South Burlington Realty Company SCHEDULE B Act 250 Information Before the District Environmental Commission can issue a land use permit for any project, it must find that the project meets the ten criteria, and their subricteria listed in this schedule. Under all of the criteria the applicant must provide enough evidence for the Commission to make the necessary findings. Answers to the questions below, a site plan, and other related documents are usually sufficient for the Commmission to make a decision. In larger or more complex cases, additional information may be requested by the Commission or other parties. Provide the information requested in narrative form on separate sheets or in the space provided. If an item does not apply to your project, indicate specifically why it does not apply. If you need assistance in understanding the meaning of any of the criteria, refer to the statute or contact the District Coordinator. Attach any supporting documents at the end of the application and make reference to them in your answers below. If your project is ji a in nature with few potential impacts, you may be able to skip over many of the items listed below. The District Coordinator should be able to identify which of the items you may skip over. Read over this schedule and then contact the District Coordinator for assistance. If your project is an amendment to an existing permit, only address those criteria which are affected by the proposed changes. The District Coordinator can assist you in identifying the relevant criteria. If your project primarily involves one of the following, contact the District Coordinator for additional instructions before using Schedule B (] commercial extraction of rock, sand, gravel, or topsoil; [ ] logging above 2,500 feet; [ ] highway construction; [ ] utility line construction; [ ] communication towers; [ ] ski trails, lifts, and related facilities; [ ] construction of lake or pond; [ ] unusual projects; Criterion 1) Air Pollution. Demonstrate that the project will not create undue air pollution: a) If the project involves manufacturing or industrial processes, describe any process air emissions, odors, or sources of noise and measures proposed to control them. Not applicable. This project does not involve manufacturing or industrial processes. b) If buildings will be heated, describe the fuel source and the heating system. The individual condominium units will each be heated with a baseboard hydronic heating system with multiple zone controls. The fuel will be natural gas via Vermont Gas. c) Is an air pollution control permit from the Agency of Natural Resources required for a) or b) above? _Yes or XNo? (Contact the Air Pollution Control Division of the Agency of Natural Resources at 241-3840 if you are uncertain.) If yes, what is the status of your application? This project does not meet the ANR thresholds for an air pollution control permit. d) Indicate how dust will be controlled during and after construction. During construction, dust will be controlled by the general contractor utilizing standard dust control measures where necessary, including the application of water and/or calcium chloride. Within the buffer zone of any Class 2 wetlands, disturbed areas will be seeded and mulched on a daily basis. Upon completion of construction the roadway, driveways and parking areas will be paved, other disturbed areas will be vegetated and the project will not result in any significant increase in dust. In light of the windblown sand condition which currently prevails on portions of the site, this project is expected to result in a decrease in airborn dust. e) Indicate what restrictions will apply to the hours of construction and/or operation and how noise will be controlled, especially in residential areas. Hours of construction will be typically from 7:00 a.m. to 6:00 p.m. Monday through Friday, with Saturday work expected during peak periods or for specialized trades. Generally the infrastructure/sitework construction will have the greatest noise impacts, and this will be limited in duration. The vertical construction is wood frame and will involve minimal noise impacts. The noise impacts will be decreased by the wooded buffer zone between most of the project site and the nearest neighbors. f j If the project involves any of the following, check them and contact the Air Pollution Control Division of the Agency of Natural Resources at 241-3840 for further directions: [ ] parking for more than 1000 vehicles (existing and proposed), [ ) fuel burning equipment with over 10 million BTIJAour, [ 1 coal burning equipment. This project does not meet any of the threshold levels above. g) If the project involves radioactive materials, check here [ 1 and contact the District Coordinator for further guidance. This project does not involve radioactive materials. Criterion 1 A Headwaters. Demonstrate that the project will meet any applicable health or environmental conservation department regulations regarding any reduction of the quality of ground or surface waters in a headwaters area: a) Is the project located in a headwaters area as defined in the statute? (See instruction.) _Yes or X No? If the answer is yes, be certain to indicate how the project meets the applicable water quality regulations under criteria l B (waste disposal), 1 E (streams), and 4 (soil erosion). Criterion 1 B) Waste Disposal. Demonstrate that the project will meet any applicable health or environmental conservation department regulations regarding the disposal of wastes and demonstrate that the project will not involve the injection of wastes or toxic substances into ground waters: a) Describe any method of sewage disposal to be used �md how sewage will be treated and isolated from ground waters. (Show location of treatment systems and piping on site plan.) Sewage will be collected by a system of gravity -flow lines leading to a private pump station located at the westerly corner of the open green area, near buildings 14-17. From there the sewage will be pumped through a force main to the existing municipal sewage line along Patchen Road. See Plan Sheets SP3 and D1-D5. b) How many gallons of sewage per day will the treatment system be designed and/or approved to handle? 35,225 gpd? (Contact the regional engineer at the Wastewater Management Division in your district for assistance.) The design flow has been calculated as follows: 46 2-bedroom units @ 300 g.p.d.= 13,800 g.p.d. 46 3-bedroom units @ 450 g.p.d.= 20,700 g.p.d. Infiltration @ 300 g.p.d./in./mile= 725 g,p.d. TOTAL DESIGN FLOW: 35,225 g.p.d. c) If an on -site sewage treatment system is to be shared by more than one owner, indicate how it will be maintained and who will be legally and financially responsible for its eventual replacement? (Attach copy of deed restrictions, etc.) The privately owned components of the sewage system (collection piping, pump station, force main, etc.) will will be maintained, including replacement reserves, by the Cedar Ridge Association in accordance with the Declaration of Condominium and Cedar Ridge Association Bylaws (Exhibit #2). d) If a municipal sewer is to be used, provide the name of the municipal sewage treatment plant and demonstrate that the plant has the capacity to acconnnodate your project. (Attach a letter from the municipality.) Sewage treatment will be provided by South Burlington's Airport Parkway Treatment facility, which has sufficient capacity. A sewer allocation of 35,225 g.p.d. was approved by the South Burlington Planning Commission in the Final Plat Findings of Fact & Decision (Exhibit 44). See letter from Joe Weith, City Planner (Exhibit #5). e) Ls a Water Supply and Wastewater Disposal Permit or a Subdivision Permit required from the Wastewater Management Division of the Agency of Natural Resources for the sewage disposal system? X Yes or _No? (Contact the Regional Engineer for the Wastewater Management Division or the District Coordinator if in doubt.) IF YES, AND YOU ARE APPLYING FOR THAT PERMIT WITH TI ]IS APPLICATION, BE CERTAIN TO ATTACII SCIIEDULE "C" OR "D", THE NECESSARY TE, CHNICAL INFORMATION LISTED ON THEM, AND THE ADDITIONAL FEE TO TINS APPLICATION AND SUBMIT TWO ADDITIONAL COPIES OF THE APPLICATION PACKAGE. (Contact the Regional Engineer for the Wastewater Management Division if you need assistance.) Water Supply and Wastewater Disposal Permit # WW-4-0949 has been issued for this project (Exhibit 46) 0 Are you relying on a Water Supply and Wastewater Disposal Permit or Subdivision Permit to satisfy this criterion? XYes or No? IF YES, NO DECISION WILL BE ISSUED UNTIL THAT PERMIT IS OBTAINED AND FORWARDED TO THE COMMISSION. IF NO, AND YOUR PROJECT INVOLVES SEWAGE DISPOSAL, CONTACT THE DISTRICT COORDINATOR FOR FURTHER GUIDANCE ON WHAT ADDITIONAL INFORMATION TO SUBMIT. g) Indicate how stormwatcr runoff will be disposed of without causing undue water pollution from litter, oil, salt, pesticides, and the like. (Show grass swales, ditches, catch basins, culverts, and other drainage improvements on site plan.) Around the outside of the Juniper Drive circle, approximately 40% of the building impervious areas will drain via overland flow across the landscaped areas between and around the buildings, then across the natural vegetated areas which drop down to the wetlands. Since these natural buffer zones will remain largely undisturbed except for a small area where specific construction has been approved, they will provide for at least 50 feet of overland flow to ensure that no significant level of pollutants will reach the waters of the state from this source. On the inside of the circle, approximately 90% of the drainage from buildings 21-23 will flow over the grassed area in the center of the circle for a sufficient distance to provide settlement and filtration of pollutants. The remainder of the building impervious areas, along with the roadway and driveways, are drained via a system of catch basins and closed pipes leading to the stormwater detention basin. The catch basins provide for settlement of solids, and the detention basin provides for removal of pollutants through sedimentation while the stormwater is detained. After detention, the stormwater which has been captured by the closed system will be slowly released to the surrounding wetlands. The post -development peak rate of stormwater runoff will be substantially less than than the pre -development rate. See Plan sheets SP2, SP3 and D7. h) Is a Stormwater Discharge Permit required from the Water Quality Division of the Agency of Natural Resources for the discharge of the stormwater into a stream, river, lake, or municipal storm drain? X Yes or No? (Contact the Water Quality Division at 241-3770 if you are uncertain.) If yes, what is the status of your application? The stormwater discharge permit application was received by the ANR Wastewater Management Division on April 9, 1996. See Stormwater Discharge Permit Application (Exhibit 12). A permit is expected in the near future. i) If the project involves manufacturing or industrial processes, describe what they are, indicate how any wastewater generated will not contaminate ground or surface waters, and indicate whether all necessary discharge permits have been obtained. (Show location of any discharges on site plan.) What is the status of your application? Not applicable. This project does not involve manufacturing or industrial processes. i) If storage of oils, fuels, chemicals, cleaning fluids, solvents, batteries, pesticides, or other hazardous materials are associated with this project, indicate what measures will be taken to protect against spills and leaks, especially in a sensitive area such as a municipal watershed or near wells or streams. (Show location of storage on site plan and include details of storage containers, fill pipes, leak detection equipment, containment structures, employee training, etc.) Not applicable. This project does not involve the storage of hazardous materials. k) Is a permit from or registration with the Hazardous Materials Division of the Agency of Natural Resources required for the storage listed in j)? _Yes or No? (Contact the Hazardous Materials Division at 241-3888 if you are uncertain.) What is the status of your application? Not applicable. This project does not involve the storage of hazardous materials. 1) Indicate how construction debris, including stumps will be disposed of without creating water pollution. Stumps will be buried onsite in an area which is above the high groundwater level and which is not slated for development with buildings or other structures, or will be disposed of offsite in a state approved landfill. Criterion I C Water Conservation. Demonstrate that the project will use the best available water conservation technology: a) Would you agree to a permit condition which read "The pennittee and all subsequent owners shall install and maintain only low - flow plumbing fixtures in any buildings, including toilets with flows not to exceed 1.6 gallons per flush, and low flow fixtures" X Yes or No? If no, indicate why and what water conservation measures will be taken. b) If the project involves significant use of water for manufacturing or other processes, indicate what measures will be taken to conserve water (include recycling, efficient maclunc' y, etc.). Not applicable. This project does not involve the use of water for manufacturing or other processes. Criterion I D Floodways. Demonstrate that the project will not endanger the health, safety and welfare of the public or of riparian owncrs during flooding: f a) If any portion of the project is in or adjacent to the I00-year floodway as identified on the National Flood Insurance Maps (on file with your municipality), demonstrate that the project will not involve any filling or construction within the floodway. (Show location of floodway on site plan.) No portion of this project is in or adjacent to the 100-year floodway as identified on the National Flood Insurance Rate Map for the City of South Burlington, Community -Panel Number 500195 0005 B, effective March 16, 1981, Panel 5. See Exhibit 7. b) If any portion of the project is in or adjacent to the 100-year floodway fringe as identified on the National Flood Insurance Maps, demonstrate that the project will not cause a significant increase in the peak flood levels of the river or stream. (Show location of floodway fringe on site plan.) Not applicable. No portion of the project is in or adjacent to the 100-year floodway fringe. c) If any fill, structures, storage of materials, or other operations are to be located in the floodway fringe, demonstrate that they will be floodproofed consistent with the National Flood Insurance Program. (Contact the Floodplain Management Section of the Water Quality Division of the Agency of Natural Resources at 241-3770.) Not applicable. No activity is proposed Within the 100-year floodway fringe. Criterion 1 E Streams. Demonstrate that the project will maintain the natural condition of any streams, when feasible: a) Indicate the name and location of streams, drainageways, or riparian wetlands on or near the project site and the distance to the closest construction disturbance. (Show precise location of streams and construction limits on site plan.) The site contains several wetland areas which are fed by a combination of springs and a watercourse which flows onto the site from the easterly side of Patchen Road via a culvert located approximately 120 feet south of Queensbury Road. The nearest construction disturbance to any stream or wetland is in the area to the west of buildings 12 and 13, where an 18" stormwater drain pipe is approximately 25 feet from the wetland boundary. The plan was revised with the addition of Manhole # 1 A and the relocation of the pipe between Manhole #'s 1 and 2. At the toe of the slope on the northeast and southwest sides of the stormwater detention basin, the limits of fill are approximately 3 5 feet from the nearest wetland areas. To the northeast of buildings 1 through 9, there are three places where there will be construction disturbance within 50 feet of the Class 3 wetland in this area. These are all cuts, in order to lower the high banks which have experienced some erosion over the years. See Plan Sheets SP1, SP2 and SP3. The outlet of the wetland system on the site runs off the northwesterly corner of the property and flows under I89 on its way to the Winooski River. b) If a stream is located within 100 feet of a disturbed area of the project, indicate how the stream and the lands along the stream will be maintained in their natural condition. (Show undisturbed buffers, revcgetation plans, erosion controls, isolation distances to any sewage systems, and the like on site plan.) There is no stream within 100 feet of any disturbed area of the project. c) If a section of a stream must be crossed, relocated, or modified, demonstrate that there are no reasonable alternatives and then indicate how the crossing or new stream channel will be constructed in a stable and naturalized condition. (Show details of the construction on site plan.) (Contact the District Fisheries Biologist.) Not applicable. No stream will be crossed, relocated or modified by this project. d) Is a Stream Alteration Permit from the Wastewater Management Division of the Agency of Natural Resources required for any work in a stream? _Yes or X No? (Contact the Regional Engineer with the Wastewater Managment Division of the Agency of Natural Resources.) If yes, what is the status of your application? e) If the project involves the withdrawal of water from a stream, river, pond, or lake, check here [ ] and contact the District Coordinator for further guidance. F Not applicable. This project does not involve the withdrawal of water. Criterion IF Shorelines. Demonstrate that if the project is located along a shoreline, it complies with the four standards relating to the condition of the shoreline listed below: a) Indicate the name and location of any river, lake, pond, or reservoir on or near the project site and the distance to the closest disturbance. (Show location on site plan.) Not applicable. There is no river, lake, pond or reservoir on or near the project site. b) If the project is located on or near a shoreline, then answer 1) through iv) below: i) Indicate how the shoreline will be maintained in its natural condition. (Show undisturbed buffers, erosion controls, and the like on site plan.) Not applicable. This project is not on or near a shoreline. ii) Indicate how and where any existing public access to the water body can be reasonably maintained. (Show details on site plan.) Not applicable. iii) Indicate how the vegetation will be provided or retained to screen the project from the water body. (Show details on site plan.) Not applicable. iv) Indicate how the shoreline will be stabilized from erosion with vegetation. (Show details on site plan.) Not applicable. Criterion 1 G) Wetlands. Demonstrate that the project will meet applicable Water Resource Board regulations regarding any impacts on designated significant wetlands: a) Indicate the location of any wetland areas on or near the project site and the distance to the closest disturbance. (contact the Wetlands Biologist with the Agency of Natural Resources at 241-3400 for assistance in identifying wetland areas.) (Show location on site plan.) In the northern and western portions of the property there is a wetland system which is is predominately a shrub swamp and marsh. This wetland is believed to correspond to the PSS1Y wetland indicated on the NWI map, and is thus considered a Class II wetland. The nearest proposed construction disturbance to this wetland is to the west of buildins 12 and 13, where an 18" stormwater drain pipe is approximately 25 feet from the wetland boundary. The initial plan called for the stormwater pipe to run directly from Manhole #1 to Manhole #2; the plan was revised by adding Manhole #1A and pulling the pipe away from the wetland. The stormwater detention basin is located between two wetland areas. The toe of the slope along the northeast and southwest sides of the detention basin are approximately 35 feet from the edge of the wetland. Other than the stormwater pipe and detention basin, the nearest proposed construction is at least 50 feet from the Class II wetlands. To the northeast of buildings 1 through 9, there are three places where there will be construction disturbance within 50 feet of the Class III wetland in this area. There are all cuts, in order to lower the high banks which have experienced some erosion over the years. b) Indicate how any wetlands and the lands along the wetlands will be maintained consistent with the Water Resource Board regulations, if applicable. (Show undisturbed buffers, erosion controls, isolation distances to any sewage systems, etc. on site plan.) (Contact the Wetlands Biologist for assistance.) The only proposed encroachments within 50 feet of a state protected wetland are the construction of the stormwater pipe and detention basin, as mentioned in 1 G(a), above. All wetlands on the site including the Class III wetland will be protected by the installation and regular maintenance of erosion controls including silt fencing between the wetlands and any nearby construction, and by the prompt completion, seeding and mulching of any disturbed areas within the wetland buffer. See Plan Sheet SP3 and the Erosion Control Notes and Details on Sheet D8. After construction, there will be a vegetated buffer of at least 50 feet around all wetlands including the Class III wetlands. The Cedar Ridge Declaration and Bylaws provide for continued protection of the wetlands and related buffer zones (See Exhibit 2). In addition, the stormwater from the paved areas and from a portion of the building roofs and common 7 areas will be handled by the closed storm drainage system. That system, and particularly the catch basins and detention basin, will provide for the sedimentation and filtration of pollutants prior to reaching any wetland areas. On April 11, 1996 a Conditional Use Determination Application was submitted to the Water Quality Division. At the request of Cathy O'Brien, additional materials were submitted in late April and early May, and a site visit was conducted on May 23. Further action by the Water Quality Division is expected in the near future. c) If the wetland regulations do not apply to any wetlands associated with your project, be certain to address the value of the wetlands under applicable criteria including I E (streams), 1 F (shoreline), 4 (soil erosion), 8 (scenic beauty), and 8A (wildlife habitat). Criteria 2 and 3) Water Supply. Demonstrate that the project has sufficient water available for its needs; and that the project will not cause an unreasonable burden on an existing water supply: a) Describe the source(s) of domestic water which will be utilized for the project. (Show location of wells, springs, piping, etc. on site plan.) Domestic water for this project will be supplied by the South Burlington Water Department, which obtains water from the Champlain Water District. b) How many gallons of water per day will be needed? 34.500 gpd? How was this figure determined? Although the basic Cedar Ridge floor plan has two bedrooms, we have allowed for expansion by assuming that half the condominium units will ultimately have three bedrooms. The water needs are as follows: 46 2-bedroom units @ 300 g.p.d. 13,800 g.p.d. 46 3-bedroom units @ 450 g.p.d. 20,700 gp.d. TOTAL WATER NEED: 34,500 g.p.d. c) Demonstrate that the source listed in a) will be of sufficient quantity to meet the daily needs (include nearby well information, pump test results, letter from municipal or private water company, hydrologic study, etc.) The required water flow to handle normal domestic needs as well as fire protection is available from the existing water main at Patchen Road. The distribution system will be enhanced by providing a connection to the Summerwoods project at Arbor Road, where the Summerwoods water main was left capped with the specific provision that the line available for extention to the current project site. See letters from the Champlain Water District (Exhibit 8) and the South Burlington Water Department (Exhibit 9), and the Cedar Ridge Fire Flow Testing (Exhibit 10). d) If a domestic water source is to be shared by more than one owner, indicate who is legally responsible for its maintenance and possible replacement. (Attach copy of deed restriction or other evidence which will ensure continued maintenance.) The City of South Burlington and the Champlain Water District will be responsible for maintenance of the water source. e) Is Health Department approval necessary for a shared water system or extension of a municipal water line? X Yes or _No? (Contact the Regional Engineer with the Wastewater Management Division or the Health Department at 863-7220 or 1-800-439- 8550.) If yes, what is the status of your application? The ANR Water Supply Division has issued Public Water System Permit to Construct, WSID # 5091 (Exhibit 11). 0 Describe the source of any commercial or industrial water supply (if different from above) and demonstrate that water exists in sufficient quantity for the needs of the project. (Show details on site plan.) Not applicable. This project does not involve any commercial or industrial water usage. a g) Demonstrate that the use of any of the water sources listed in a) or t) above will not restrict the flow of water to other existing users. (Include location and distance to nearby wells or springs, nearby well information, pump test results, letter from municipal or private water company, hydrologic study, etc.) The existing distribution network, along with the Summerwoods connection proposed, is adequate to provide water for normal domestic use and emergency purposes. See letters from the Champlain Water System (Exhibit 8) and the South Burlington Water Department (Exhibit 9), and the Cedar Ridge Fire Flow Testing (Exhibit 10). h) If there are any community wells nearby (for example, in mobile home parks, condominium projects, high density subdivisions, etc.) which might be affected by your project, contact the Ilcalth Department at 863-7220 or 1-800439-8550 to see whether their review is necessary. If their review is necessary, attach a review letter if available. Not applicable. There are no community wells nearby. Criterion 4) Soil Erosion. Demonstrate that the project will not cause mucasonable soil erosion; and will not cause a reduction in the capacity of the land to hold water so that a dangerous situation results: a) Describe the topography of the project site, the proxi nnity of sloping lands to water bodies and property boundaries, and the potential for soil erosion. (Show contours on site plan in five foot intervals.) (Show precise limits of soil disturbance on site plan.) The predominant topography at the project site is high plateaus and mounds of sandy soil, sloping moderately to steeply down to lowland areas of poorly drained soils. The high, sandy areas generally have a moderate erosion potential except in the areas of steep slopes which are subject to disturbance, where the erosion potential is high. Some of the steep areas have been subject to ongoing disturbance by pedestrians and various vehicles, and these areas have experienced some erosion. The lowland areas include areas of Class II and Class III wetlands and generally have low erosion potential. See Plan Sheet SP2. The areas of significant pre -construction erosion are in the interior of the site rather than along its boundaries, and there are no areas within 100 feet of any property boundary where the pre- or post -construction grade exceeds 40% or 2 in 5. Since the disturbed areas will be properly revegetated wherever appropriate and the severity of the steep slopes will be decreased, this project will result in a decrease of erosion potential. Unlike the current (pre -construction) condition, any waterborn sand or silt after the project is constructed will be intercepted by the combination of vegetated buffer areas, catch basins and/or the stormwater detention basin. b) hndicate what erosion control measures will be taken during construction to prevent eroded sediment from reaching a water body or adjoining property. (Include hay bale dams or silt fences, daily mulching, diversion ditches, sediment basins, etc.) (Show details on site plan.) During the construction period there will be three basic elements to the erosion control plan. First, all areas which are adjacent to wetlands or buffer areas or subject to erosion will be protected with a continuous silt fence and all catch basin inlets will be protected with hay bales. Also, the outlet of the detention basin will be protected with a hay bale check dam, and a stabilized construction entrance will prevent sediment from being deposited on public roads. See Plan Sheets SP3 and D8. Second, the construction sequence will provide for the construction of the stormwater collection and detention system at the earliest possible time. Third, any construction within 50 feet of any wetland area will be closed, seeded and mulched on a daily basis to minimize the time of any disturbance near the wetlands. See Notes 2 and 7 on Plan Sheet D8. Third, all erosion control will be in accordance with the Vermont Handbook for Soil Erosion and Sediment Control on Construction Sites. c) Indicate what permanent erosion control measures will be taken atier construction to stabilize the site from continued erosion. rm (Include stone-Inncd ditches, grassed swales, paving, rip -rap, seeding mixtures, etc.) (Show details on site plan.) Permanent erosion controls will include the application of topsoil, final grading, seeding and mulching of all "open land" disturbed areas as soon as possible after construction, the paving of roads, sidewalks and driveways and the completion and maintenance of the stormwater handling system including the catch basins, piping and stormwater detention basin. d) If exterior site work or earth moving will occur between October 1 and April 15, indicate what special erosion control measures will be taken to stabilize bare soils through the winter months. All exterior site work or earth moving between October 1 and April 15 will conform to the "Winter Construction" section of the Vermont Handbook for Soil Erosion and Sediment Control on Construction Sites. c) How frequently will the erosion controls be inspected during construction and who will be accountable for their mauitenance7 The general contractor will be responsible for erosion controls during construction. The erosion controls will be inspected and repaired as necessary on a weekly basis and whenever there is rainfall of rh inch or more. In addition, erosion controls within 50 feet of any wetland areas will be inspected and repaired as necessary on a daily basis. f) Indicate what percentage of the project site will be covered with buildings, roadways, parking areas, or other areas impervious to water. (Show on site plan.) The area to be covered with buildings, roads, driveways and sidewalks is approximately 4.78 acres, which is approximately 17.25 percent of the project site. g) Demonstrate how the increased rate of stormwater runoff from these areas will not create a dangerous or unhealthy situation for adjoining property owners or downstream areas due to stream bank erosion or flooding. (Show drainage swales, culverts, and retention basins on site plan. The stormwater analysis of the site was conducted using the Soil Conservation Service Technical Release 55 model for stormwater runoff in urban watersheds. Because of the attenuation of the peak stormwater flow at the outfall of the stormwater detention basin, the peak rate of discharge during a 10- year storm event will be 5.3 cubic feet per second, which is considerably less than the pre -development rate of 19 cubic feet per second. See Stormwater Discharge Permit Application (Exhibit 12). h) If the project involves the construction of a permanent dam, check here [ I and contact the District Coordinator for further guidance. Not applicable. This project does not involve the construction of a dam. Criterion 5)1lighways and Other Means of Transportation. Demonstrate that the project will not cause unreasonable congestion or unsafe conditions with respect to the use of highways and other means of transportation: a) Indicate where vehicles will have access to a state or local highway from this project. (Show location on site plan and on site location map. Vehicles will have access to Patchen Road, a South Burlington city street, via the proposed development roadway which will be Tamed Juniper Drive, at a point approximately 240 feet north of Richard Terrace. A secondary access to Patchen Road will be available via Arbor Road, to which Juniper Drive will connect. Arbor Road intersects Patchen Road approximately 320 feet south of the proposed Juniper Drive intersection. See Plan Sheets SP1 and SP2. b) Describe the design of the driveway(s) or road intersection(s) and demonstrate adequate safety (include number of lanes, traffic controls or signals, approach grades, sight distances in each direction along the state or local highway, legal speed limits, etc.) (Show details on site plan.) Juniper Drive will have a 30 foot pavement width, with curbs and a sidewalk throughout the portion 10 which will become a public street between Patchen Road and the connection to Arbor Road. The intersection with Patchen Road will be a simple "T" with no signalization. Juniper Drive will meet Patchen Road at a 90 degree angle, and for the first 450 feet Juniper Drive will slope downward from Patchen Road at a grade of 1.07 percent. The sight distances from the Juniper Drive leg of the intersection are in excess of 500 feet to the north and south along Patchen Road. The speed limit on Patchen Road is 25 m.p.h. . c) Is a permit required from the Utilities Division of the Agency of Transportation for commercial or residential access onto a state highway? _Yes or X No? (Contact the Utilities Division of the Agency of Transporlation at 828-2653 if you are uncertain.) If yes, what is the status of your application? d) Is a permit required from your municipality for access onto a town or city highway? _Yes or XNo? (contact the zoning administrator, town manager, or road connnissioner). If yes, what is the status of your application? Approval for connection of Juniper Drive to Patchen Road was incorporated into the South Burlington Final Plat Approval (Exhibit 4). No further permitting is required. e) If a roadway is involved, mdicatc the length of the road and the maximum gradient. (show road location, profile, and cross sections on site plan unless waived by District Coordinator) The project roadway, Juniper Drive, will be approximately 1900 feet long. In addition, Arbor Road will be lengthened by approximately 80 feet to connect with Juniper Drive. The maximum gradient on Juniper Drive will be 7.8 percent. See "Road Profile", Plan Sheet P1, and "Typical Road Section", Note 6 on Plan Sheet D7. 0 If a subdivision roadway is involved, is it likely to be turned over to the municipality? XYes or No? If yes, will the road be built to municipal specifications? XYes or No? Is the municipality likely to accept the road? XYes or No? (Include letter from the municipality confirming this.) Il' YOU ANSWERL:D NO TO EITI IER QUESTION, BE CERTAIN TO ADDRESS CRITERION 9G (PRIVATE UTILITIES). The portion of Juniper Drive between the Patchen Road intersection and the point of connection with Arbor Road, along with the extension of Arbor Road, will be constructed to City standards and will become a City street. The balance of Juniper Drive will remain private. See South Burlington Final Plat Approval (Exhibit 4). g) Demonstrate that emergency vehicles and trucks will have sufficient access into the project site and can easily turn around. (Show details on site plan.) The portion of Juniper Drive between Patcheli Road and Arbor Road will have a 30 foot pavement width and will be accessible from either direction. To the west of the Arbor Road intersection, Juniper Drive is a divided roadway for approximately 100 feet with a 20-foot, one-way lane width in each direction. The divided roadway helps ensure that at least one 20-foot lane will remain open even if an accident should occur. The remainder of Juniper Drive forms a loop, in which the roadway is 24 feet wide and every point is accessible from two directions. The minimum curve radius is 36 feet on the inside, 60 feet on the outside which is sufficient to allow the safe passage of emergency vehicles and trucks. Parking will be prohibited on the private section of Juniper Drive. The South Burlington Fire Department has reviewed the Cedar Ridge plan and is able to provide service with no significant difficulty. See Plan Sheet SP3 and Letter from South Burlington Fire Chief (Exhibit 14). h) Demonstrate that adequate parking for peak periods will exist for the project. (Show details on site plan.) Parking has been provided in excess of that required by the South Burlington Zoning Ordinance. For 11 each condominium there is one space in the garage and one space in the driveway. In addition, 31 guest spaces have been provided in several locations. See Plan Sheet SP3. I) Demonstrate that the traffic associated with the project will not create unreasonable congestion or unsafe conditions oil nearby highways or nearby intersections (include traffic counts during peak hours, measurements of delays in entering intersections, recommendations of traffic engineer, etc.) (Contact the District Coordinator for guidance and to determine if a traffic study is necessary.) The traffic impacts of this project were determined in a two step analysis. The first procedure was to determine which, if any, of the area's intersections would receive distributed traffic from the project which was above a minimum threshold of significant effect. The threshold of significant effect was defined as a project traffic addition during the weekday p.m. peak hour of at least 5 percent of the (pre - development) 1996 Design Hour Volume at the intersection in question. The analysis indicated that there were only two intersections where the development would add traffic at or above the threshold level: the Kirby/Patchen and the Patchen/White Street intersections. Because the Kirby intersection traffic count is so small, the added project traffic is only 2 vehicles during the p.m. peak hour and it was not considered necessary to study that intersection any further. At the Patchen Road / White Street intersection, the development would add approximately 45 cars, or 6.2 percent of the 1996 Design Hour Volume. For all intersections except the Patchen Road / White Street junction, then, the traffic which would be added even by the full buildout of Cedar Ridge Townhomes was shown to be below the level which might be expected to cause a significant change to the performance of the street network based on 1996 volumes. The second step of the traffic analysis was to determine what change, if any, would occur in the performance of the Patchen Road / White Street intersection after the addition of the project traffic. That analysis was performed using the HCM: SIGNALIZED INTERSECTION SUMMARY, Version 2.4. The results indicate that the Patchen Road / White Street intersection performs at a level of service B, both before and after the addition of the development traffic. Even though this analysis was performed using 100 units (the project was subsequently reduced to 92 units) and does not take into account that the project traffic will be added over a period of several years rather than suddenly, the project traffic has thus been shown to be below the threshold of substantial or unreasonable effect upon the safety or performance of the roadway network. In spite of the minimal effects upon traffic, this project is subject to the South Burlington Road Improvement Impact Fee Ordinance and will pay the required fees. See Traffic Impact Analysis by Trudell Consulting Engineers, Inc. (Exhibit 15). k) If the project involves or may affect a railroad, airport, or other means of transportation not addressed in a) through i) above, check here t 1 and contact the District Coordinator for guidance. Not applicable. This project does nod involve a railroad, airport or other means of transportation. Criterion 6) Educational Services. Demonstrate that the project will not cause an unreasonable burden on the ability of local governments to provide educational services: a) If the project is residential or involves the creation of jobs, estimate how many school age children will likely result from the project and how that figure was deterrnnined. Not applicable. This project does not involve the creation of jobs. b) Demonstrate whether the local schools can accommodate the additional students listed under a) without significant hardship (include school impact forni attached to application, letter from school district, estimates of student capacity at local schools, location 12 of existing bus routes, etc.). The South Burlington School system is able to accomodate the additional students which are expected as a result of this project without significant hardship. The South Burlington Schools are just completing a substantial add/renovate project involving all the city's schools. See School Impact Questionnaire (Exhibit 16) and letter from Bruce Chattman, Superintendent of Schools (Exhibit 17). c) Indicate what mitigation measures can be utilized with the project to offset any significant hardships on the local schools indicated above (include impact fees, phasing schedules, etc.) This project is subject to the South Burlington Educational Impact Fee Ordinance, and will pay the required fee. Criterion 7) Municipal Services. Demonstrate that the project will not cause an unreasonable burden on the ability of local govenuncnts to provide municipal or governmental services: a) Demonstrate that the local fie department can provide fire protection services without significant hardship (include municipal impact form attached to the application, letter from fire department, etc.). The South Burlington Fire Department is able to provide fire protectin services without significant hardship. See Municipal Impact Form (Exhibit 18) and letter from the South Burlington Fire Chief (Exhibit 14). b) Is a Public Building Permit for electrical wiring and fire protection required by the Department of Labor and Industry? X Yes or No? (Contact the regional Labor and Industry office.) If yes, what is the status of your application? The public building permit will be applied for after receiving Act 250 approval. c) Demonstrate that the local police department, constable, or state police, can provide police services for the project without unreasonable burden (include municipal impact form attached to the application, letter from police department, etc.). The South Burlington Police Department is able to provide police services without unreasonable burden. See letter from the South Burlington Chief of Police (Exhibit 19) and Municipal Impact Form (Exhibit 18). d) Demonstrate that sufficient solid waste disposal capacity exists at a local landfill, transfer station, or incinerator to meet the needs of the project (include municipal impact form attached to the application, letter from landfill operator, copy of state landfill certification, etc.). The solid waste associated with this project will be residential in nature and wil not cause an unreasonable burden. Solid waste will be collected by private carrier and will be disposed of and/or recycled via the Chittenden Solid Waste District which currently has sufficient capacity to meet the additional demand associated with this project. c) Demonstrate that the municipality, or a volunteer organization serving the area, can provide rescue services for the project without significant hardship. (include municipal impact form attached to the application, letter from rescue squad, letter from town, etc.). Rescue services will be provided by UVM Rescue and the South Burlington Fire Department. Both have reviewed this project and will be able to provide services without hardship. See Municipal Impact Form (Exhibit 18), letter from South Burlington Fire Chief (Exhibit 14) and letter from UVM Rescue (Exhibit 20). 0 Indicate what mitigation measures are proposed with the project to offset any significant hardships on the municipal services indicated above (include impact fees, phasing schedules, etc.). No significant hardships on municipal services will be caused by this project. This project is subject to the South Burlington Impact Fee Ordinance, and will pay the required Road Improvement, Recreation 13 and Education Impact Fees. g) Describe any potential impacts to services provided by adjacent municipalities as well as appropriate mitigation measures. This project is not expected to result in any significant impacts to services provided by adjacent municipalities, and no mitigation is proposed. Criterion 8) Scenic Beauty Historic Sites and Natural AreasDemonstrate that the project will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites, or rare or irreplaceable natural areas: a) Describe the visual appearance of the project site and surrounding area as it cadsts without the project (include open areas, wooded areas, mountains, ridgclines, wetlands, streams or shorelines, existing structures nearby, ctc.). (Show existing features on site plan.) The project site is a mostly open, sandy plateau extending westerly from Patchen road, surrounded to the northeast, northwest and southwest by a moderate to steep dropoff which leads to lowland areas. The sloped areas as well as most of the lowland areas are wooded with a variety of hardwoods and softwoods, as is the perimeter of the high sandy plateau. Much of the lowland area is given to wetlands, typically scrub/shrub wetland with areas of seasonal open water and forest. The sandy plateau is visible through the trees from the neighboring Summerwoods condominium project to the south, and a small portion of the land is visible through the trees from the backyards of about 6 homes along Patchen Road. Otherwise, because the protection offered by the steep banks, wetlands and woods, the project site is not visible from any offsite vantage point. b) Demonstrate that the project's visual appearance from a highway, community center, or nearby residences is consistent with the visual appearance of the existing area as described in a) above: i) Demonstrate that the project use (residential, retail, industrial, ctc.) is consistent with the existing or planned land uses in the area. Will the project generate any significant noise related impacts during and/or after construction? If so, what mitigation efforts arc being proposed. This project, comprised of townhouse style condominiums in 4-unit buildings, is consistent with the surrounding land uses. Historically the area has been a moderate density residential neighborhood, and is zoned R-4. Most of the older homes are single family or duplex style, and a substantial portion of the growth in recent years has been multi -family housing. The immediate neighbor to the south is Summerwoods, a 38-unit condominium development with essentially the same density as Cedar Ridge Townhomes. Along Patchen Road in the vicinity of this project are two small townhouse style condominium developments, a cemetary and a mix of light commercial/industrial uses. During construction, the primary noise impacts will occur during the construction of the sitework/infrastructure. This will be done in phases, and each phase will be of relatively short duration. The vertical construction is wood frame and will involve minimal noise impacts. Noise impacts will generally be limited to the hours between 7:00 a.m. and 6:00 p.m., and will be decreased by the wooded buffer zone between most of the project and its nearest neighbors. With respect to Summerwoods, the noise and visual impacts of the construction will be rendered less intrusive by the fact that the primary exposure of those units is toward the west and south, rather than toward the Cedar Ridge site. After construction is complete there will be no significant noise related impacts. ii) Demonstrate that the building size, density, and location arc not out of character with the terrain of the site, the size of nearby buildings, surrounding vegetation, and nearby scenic vistas from highways or community centers. (Show details on site plan.) 14 The Cedar Ridge buildings will be wood framed, 2-story townhomes with basements and gable roofs. Each building will contain 4 condominium units. The buildings will be stepped into the sloping terrain, and most of the area to be developed will be surrounded by existing trees which are taller than the buildings. Approximately 6 of the 23 buildings will be readily visable from Patchen Road; otherwise the project will not be readily visable from any highway or public vantage point. The overall density of the project is 3.31 units per acre, compared with 3.45 units per acre at the neighboring Summerwoods project and 4 per acre which is permitted by South Burlington zoning. Although the overall size of the project will be larger than its immediate neighbors the individual buildings are not. The manner in which the buildings have been fitted to the sloping, wooded site decreases the mass which is apparent from any single point and and maintains the scale and context of the mixed neighborhood. in) Demonstrate that the architectural style and building materials and colors are not out of character with the style of area buildings (provide drawings of building). The style of the buildings utilizes traditional elements of New England architecture, including a clapboard and/or shingle exterior, gable roofs with staggered roof lines, entry porches and the like. The exterior walls will generally be light colored and/or natural wood, with earthtone roof shingles. The style and materials will be in character with the newer buildings in the neighborhood, including the immediate neighbors. . iv) Demonstrate that parking areas are designed to minimize their visibility from the highway or nearby residences. (Show on site plan.) Each condominium will have a single car garage, and one parking space in the driveway. Other than that, the only onsite parking is the 3lguest spaces. These have been scattered around the site in 4 areas to maximize convenience and minimize their visual effects. For security reasons it is preferred that the parking not be invisible, but each of the 4 small parking areas benefits from landscaping and will have minimal impact. See Plan Sheet SP2. v) Demonstrate that any project signs arc designed to minimize their visual impact on the surrounding area (include size, illumination, and colors). (Show location on site plan.) The project sign will be on the north side of the Juniper Drive, 5 feet from the Patchen Road street line. The sign will be 40 square feet or less, constructed of natural and/or painted wood, and will conform to the South Burlington Sign Ordinance. No sign lighting is planned. See Plan Sheet SP2. vi) Demonstrate that any exterior lighting is designed to minimize its visual impact on the surrounding area at night, and that it will not glare into the highway or nearby residences (include size, wattage, fixture style, and pole height). (Show location on site plan and include manufacturer's specification sheet.) The street lights are GE LU150 or equal cutoff heads with 150 watt, Type III metal halide lamps, mounted on 20 foot poles. The only, streetlights readily visible from Patchen Road or Summerwoods will be those lighting the two road intersections. Where possible the streetlights have been placed on the opposite side of Juniper Drive from the residential buildings. See Plan Sheets SP2 and D8. vii) Demonstrate that any utilities (propane tanks, trash dumpsters, electric distribution lines and poles, etc.) are designed to minimize their visibility from the highway or nearby residences. All utility lines will be underground. There will be individual trash collection, with storage in each garage. viii) Indicate what additional landscaping will be added to the project site to minimi5.e any of the visual impacts discussed 35 above. (Show details on site plan,) The site will be extensively landscaped. Red oak trees will be planted along the street, with greater frequency near Patchen Road. White pine trees will be planted behind buildings 18, 19 and 20 to enhance the existing vegetation along the boundary and provide screening from Summerwoods. The center island, below buildings 21-23, will be landscaped as a community focal point, including red oak, sugar maple and white pine trees, a variety of smaller plantings, a gazebo and playground equipment. The effect will be to break up the center green area into several smaller spaces. Each building will be landscaped with a variety of plantings. See Plan Sheets SP2 and D8. ix) Indicate if any restrictions on tree cutting or earth disturbance will be used to immunize any of the visual impacts discussed above. (Show details on site plan.) In order to maintain the effectiveness of the extensive wetland buffer zones, a prohibition against tree cutting and other disturbance within the wetlands and buffer zones has been incorporated into the Cedar Ridge Homeowners' Association Rules and Regulations (Exhibit 3). c) Will the project have a significant impact on a historic site identified by the Division of Historic Preservation? _Yes or _No? (Contact the Division for IIistoric Preservation at 828-3226 for guidance.) If yes, what measures will be used to minimize or mitigate the impacts? This project does not have any significant impact on a historic site based on information available as of July 2, 1996. On March 31, 1996 plans for this project, along with a request for a pre -Act 250 review, were received by the Historic Preservation Division. d) Will the project have a significant impact on a designated rare or irreplaceable natural or fragile area on or near the project site? (Contact the Vermont Natural Heritage Program at 241-3700 for assistance in identifying natural or fragile areas.) This project will not have a significant impact on a designated rare or irreplaceable natural or fragile areas. There are no such areas within the area of this project's impact. See letter from the Vermont Natural Heritage Program (Exhibit 22). Criterion 8A) Wildlife and Endangered Specics. Demonstrate that the project will not destroy or significantly imperil necessary wildlife or endangered species habitat: a) Indicate whether any critical wildlife or endangered species habitat exists on or near the project site (include deer wintering areas, bear feeding areas, pristine rivers or streams, wetlands, or the like.) (Contact the District Fish and Wildlife office for assistance in identifying wildlife habitat.) (Contact the Vermont Natural Heritage Program at 241-3700 for assistance in identifying endangered species habitat.) (Show areas on site plan.) There is no critical wildlife or endangered species habitat on or near the project site. See letter from District Wildlife Biologist (Exhibit 21), and from the Vermont Natural Heritage Program (Exhibit 22).. b) If critical wildlife habitat exists on or near the project site, indicate how the project will not destroy or imperil that habitat, or indicate what mitigation measures can be taken to minimize the impact (prepare response to the suberitcria of Criterion 8(a)). (Show details on site plan and attach review letter from the Department of Fish and Wildlife). Not applicable. No critical wildlife habitat exists on or near the project site. Criterion 9A) Impact of Growth. Will any increase in population associated with the project create an undue financial burden upon the ability of the town or region to accommodate such growth: a) If the project is residential in nature, indicate how many additional people may live in the project, what portion may be seasonal, and what percentage of the total population of the municipality this project represents (include population or housing statistics, etc.). 16 Using The New Practitioner's Guide to Fiscal Impact Analysis, by R W Burchell, et al, (1985 New Brunswick: Center for Urban Policy Research ), and based on the maximum anticipated buildout of 46 2-bedroom and 46 3-bedroom condominiums, this project may be expected to add approximately 235 residents to the City of South Burlington. This represents approximately 1.8 percent of the 1996 population of approximately 13,000. b) Does the municipality have the financial capacity to accommodate this additional population growth or indicate what mitigation measures can be utilized to offset the financial burdens on the municipality (include letter from the municipality, reference answers to criteria 6 and 7, fiscal impact report, etc.)? The City of South Burlington has the financial capacity to accomodate the additional population without significant financial burden. This project will be subject to impact fees for eduction, recreation and road improvements, and will contribute substantial taxes. The condominiums will also pay sewer and water usage fees and will privately maintain most of the project roadway. See Municipal Impact Form (Exhibit 18), letter from Joe Weith, City Planner (Exhibit 13) and South Burlington Final Plat Approval (Exhibit 4). Criterion 9131 Primary Agricultural Soils. Demonstrate that the project will not significantly reduce the agricultural potential of primary agricultural soils: a) Does the project site contain primary agricultural soils? If so, indicate how many acres. Has the project been designed to minimize the impact on the future agricultural use of the soils. (Contact the District Soil Conservationist with the Natural Resource Conservation District or the Land Use Planner with the VT Department of Agriculture at 828-2500 for assistance.) (Show agricultural soils on site plan or attach soil map.) The project site does not contain primary agricultural soils. See letter from the Vermont Department of Agriculture (Exhibit 23). b) If the project cannot avoid significant reduction in the potential of the primary agricultural soils as identified in a) above, then answer i) through iv) below: i) Demonstrate that there is no other use of the site which would have less impact on the primary agricultural soils, but would still provide a reasonable rate of return on the fair market value of the project lands taken as a whole, including a scaled down version of the proposed project (include financial analyses of alternative designs of the project and alternative projects which show returns on the fair market value of the land including the investment). Not applicable. The site does not contain agricultural soils. ii) Demonstrate that there are no other non -primary agricultural soils owned by the applicant or co -applicant which are reasonably suited for this project. Not applicable. iii) Demonstrate that the project has been clustered or otherwise designed to minimize the reduction of primary agricultural soils in order to retain the better soils in larger, farmable units under unified ownership. (If a subdivision is involved, attach deed restrictions which'assure common ownership or control of the preserved agricultural soils.) (Contact the Land Use Planner with the VT Department of Agriculture at 828-2500 for assistance.) Not applicable. iv) Demonstrate that the project will not sigificautly interfere with or jeopardize the continued agricultural use of adjoining lands or reduce their agricultural or forestry potential. Not applicable. Criterion 9C) Forest and SccgUd= Agricultural Soils Demonstrate that the project will not significantly reduce the potential of secondary agricultural soils or forest soils: 17 a) Indicate whether the project site (acreage owned by applicant or coapplicant) contains of soils which have long term commercial forestry potential as identified by the U.S. Soil Conservation Service, or by the state county Forester. (Contact the District Soil Conservationist with your Natural Resource Conservation District or your state comity Forester for assistance.) (Show forest soils on site plan.) The project site does not contain soils of the type and quantity which have long-term commercial forestry potential. Most of the area directly impacted by this project is characterized by Adams/Windsor soils in the higher areas, with more poorly drained Munson soils in lower, wetter areas. Neither of these offers significant commercial forestry potential. Areas of the site to the north and northeast of the Class III wetland appear to be characterized by steep soils of the Hartland series. Theoretically the Hartland soils offer higher potential for forestry, but in light of the very limited area, the steep terrain and the lack of access to that portion of the site, the realistic, actual potential is not significant. See letter from County Forester (Exhibit 24). b) If the project site does contain forest soils, indicate how the project has been designed to minimize the impact on the future forestry use of the soils. Not applicable. The site does not contain significant forest soils. e) If the project cannot avoid a significant reduction of the forest soils as identified in a) above, then answer i) through iii) below: i) Demonstrate that there is no other use of the site which would have less impact on the forest soils, but would still provide a reasonable rate of return on the fair market value of the project lands taken as a whole, including a scaled down version of the proposed project (include financial analysis of project and alternative projects which show returns on the fair market value of the land as a whole). Not applicable. The site does not contain significant forest soils. ii) Demonstrate that there are no other non -forest soils owned by the applicant or coapplicant which are reasonably suited for this project. Not applicable. iii) Demonstrate that the project is clustered or otherwise designed to minimize the reduction of forest soils and to retain the better soils in larger, manageable units under unified ownership. (If a subdivision is involved, attach deed restrictions which assure common ownership or control of the retained forest soils.) (Contact your County Forester for assistance in designing projects.) Not applicable. Criteria 9D and 9E) Earth Resources, Demonstrate that the project will not interfere with the future extraction of earth resources; and demonstrate that if the project involves the extraction of earth resources that it will not unduly harm the environment or neighboring land uses, and will be reclaimed for an alternative use: a) Does the project site have a high potential for extraction of mineral or earth resources? _Yes or 1i No? (Contact the State Geologist at 241-3601.) The only earth resources on the site with any significant potential are the Adams/Windsor soils which characterize the higher terrain in the southerly half of the project site. It is expected that most or all of the surplus from the high areas will be utilized as fill in the low areas. Considering the very limited quantities, the grading plan for this project and the restrictions imposed by surrounding land uses and zoning regulations, the actual net potential for extraction of earth resources is low. No commercial extraction is planned. b) If yes, then indicate how access to the resource can be maintained in the future. Not applicable. The project site does not have a high potential for extraction of earth resources. 18 c) If the project involves the extraction of earth resources for commercial sale, or involves extensive use of borrow material from on site or nearby, answer i) through iv) below: (Contact the District Coordinator if you need assistance.) i) Demonstrate that any proposed blasting will not damage nearby water supplies or structures, and will be limited in duration and size so as to not be a continual nuisance for nearby residents (include blasting plan, insurance information, notification process, hydrogeologie reports, etc.). Not applicable. This project does not involve commercial extraction or blasting. ii) Demonstrate that any trucking of excavated material will not unduly damage area highways, and will be reasonably limited in duration and frequency so as to not be a continual nuisance for nearby residents (include trucking plan, hours of operation, extraction rates, vehicle trips per day, etc.). Most of the surplus material which is cut from the high areas of the site will be utilized as fill in the lower areas. Movement of this material within the site will be accomplished as part of the normal construction schedule and will not involve impacts to the roads. See answers to 1(e), above. iii) Describe the reclamation plans for the extraction area and how those plans can be financially assured (include final contours on site plan, landscaping plan, future land uses, bonding plan, escrow contribution schedule, etc.). This project does not involve commercial extraction. Completion of the disturbed areas will be in accordance with the Planting and Grading Plan. See Plan Sheet SP2. The South Burlington Final Plat Approval (Exhibit 4) requires bonding for the roadway and related infrastructure, as well as bonding to ensure the completion and success of the project's landscaping. Criterion 9F) Energy Conservation. Demonstrate that the project reflects the principles of energy conservation and utilizes the best available technology for energy efficiency: a) If the project involves commercial, institutional, or industrial buildings, indicate what measures will be used to conserve energy (include details on insulation, windows and doors, heating and ventilation, lighting, etc.). (Contact the Public Service Department at 828-2393 or at 1-800-642-3281 assistance.) Not applicable. This project does not involve commercial, institutional or industrial buildings. b) If the project involves commercial, institutional, or industrial buildings, demonstrate that electrical use has been limited to those uses for which no alternative energy source is reasonably suited. Not applicable. c) If the project involves a residential subdivision or condominiums, would you agree to a permit condition which read "The permittee and all subsequent owners shall install anal maintain energy conservation measures in any heated structures, including insulation with a R-value of at least R-I 9 in the exterior walls, at least R-38 in the roof or cap and at least R-I 0 around the foundation or slab, with double pane glass or storm windows and insulated doors." XX Yes or _No? If no, indicate why and what energy conservation measures will be required. Applicant recommends and invites an additional permit condition requiring compliance with the Counciol of American Building Code Officials Model Energy Code 1995 (CABO/MEC) with the Vermont specific modifications as outlined in the "Report of the Governor's Task Force on Energy Efficiency Standards for New Residential Construction, December, 1995". d) If the project involves a residential subdivision, condominiums or a commercial development, would you agree to a permit condition which read: "The installation of electric resistance space heating equipment in any building is expressly prohibited without prior District Environmental Commission approval"? Yes or _No? If no, indicate why and why more efficient forms of energy cannot be used for space heating. Criterion 9G) Private Utilities. Demonstrate that any private utilities (shared by two or more owners) will not become a burden on the municipality if it must assume responsibility for them: 19 a) Indicate whether any of the utilities (road, water system, sewer line, septic system, etc.) will be controlled by more than one owner, and if so, indicate who will be legally and financially responsible for ongoing maintenance aid eventual replacement. Approximately 1,400 feet of roadway, the storm drainage system, and the the onsite sewage system including gravity collection lines, the pump station and the force main extending to Patchen Road will remain in private ownership as common property. The ownership of all common property will be passed to the condominium owners pursuant to 27 V.S.A. Ch. 15. b) If a private utility will likely be transferred to the municipality, indicate how it will meet municipal specifications. None of the private utilities referenced in (a) above are likely to be transferred to the City of South Burlington. By the terms of the South Burlington Final Plat Approval (Exhibit 4) and the Cedar Ridge Declaration of Condominium (Exhibit 2) they are to remain private. c) If a private utility will not be transferred to the municipality, indicate how the utility will continue to be maintained so as to not become a burden for the municipality at a later date. (Attach copy of deed restrictions or other evidence which will ensure private maintenance and eventual replacement of the utilities.) The private utilities referenced in (a) above will continue to be maintained by the Cedar Ridge Homeowners Association in accordance with all state and local permit conditions and the Cedar Ridge Declaration of Condominium. Funding for maintenance and eventual replacement as necessary will be provided through regular payments of Homeowners Association Fees. See Declaration of Condominium and Homeowner's Association Bylaws (exhibit 2). Criterion 9H Scattered Development. Demonstrate that if the project is not physically contiguous to an existing settlement, it will not result in greater costs to the municipality than it provides in additional tax revenues and other public benefits: a) Indicate whether the project site is physically contiguous to an existing settlement (be certain to include site location map.) This project is physically contiguous to a mixed residential neighborhood with R-4 zoning, including an immediate neighboring condominium project, serviced by the existing infrastructure including roads, water lines and sewer lines. b) If the project is not contiguous to a settlement, demonstrate that the additional tax revenues and other public benefits of the project outweigh the additional costs of providing municipal services to the project (information generated under criteria 5, 6, 7, and 9A.) Not applicable. This project is contiguous to an existing settlement. c) Indicate what mitigation measures can be utilized with the project to offset any excessive costs for the municipality indicated above which are not offset by additional tax revenues or other public benefits (include impact fees, phasing schedules, etc.). Not applicable. There are no excessive costs within the meaning of this section. The project, however, is subject to impact fees for education, road improvements and recreation. Criterion 9J) Public Utilities Demonstrate that the project will not place an excessive or uneconomic demand on any necessary governmental or public utility facilities or services: a) Indicate what governmental services or public utility services are needed and demonstrate that such services can be provided without undue burdens. This project will utilize various governmental and public utility services including water, sewer, police, fire, solid waste disposal, rescue, educational, electricity, telephone, recreation, and various other services which are offered by the City of South Burlington. All of these services can be provided without undue burden, either before or after the payment of impact fees. See the South Burlington Final Plat Approval (Exhibit 4), letter from Joe Weith, City Planner dated 4/9/96 (Exhibit 5), letter from Champlain Water District (Exhibit 8), letter from South Burlington Water Department (Exhibit 9), letter from Joe Weith, City Planner (Exhibit 13), letter from South Burlington Fire Chief (Exhibit 14), School 20 Impact Questionnaire (Exhibit 16), letter from Bruce Chattman, Superintendent, South Burlington School District (Exhibit 17), Municipal Impact Form (Exhibit 18), letter from South Burlington Chief of Police (Exhibit 19), letter from UVM Rescue (Exhibit 20), letter from Green Mt. Power (Exhibit 25), letter from NYNEX (Exhibit 26) and letter from Vermont Gas (Exhibit 27). b) If the project involves commercial, institutional, or industrial uses, indicate how electrical use will be minimized during peak periods of energy demand in the service area for the utility (include major sources of energy usage, letter from the utility serving the project, etc.). Not applicable. This project does not involve commercial, institutional or industrial uses. c) If any utility lines cross the project site other than along the highway, demonstrate that the utility lines will not be significantly affected (include letter from utility company). (Show utility lines on site plan.) Not applicable. No utility lines cross the project site other than along the highway. Criterion 9K) Public Investments. Demonstrate that the project will not endanger any adjacent public investment: a) If any public facilities or lands are located adjacent to or on the project site, demonstrate that the project will not significantly affect those facilities (include highways, parks, schools, fire stations, sewer lines, etc.). Not applicable. Other than the utilities at Patchen Road, no public facilities or lands are located adjacent to or near the project site. Criterion 9L) Rural Growth Areas. To the extent that the project parcel or any area within the parcel is identified as a "rural growth area," indicate how the project has been clustered or otherwise designed to provide for reasonable population densities and rates of growth to economize on the cost of roads, utilities and land usage. (Contact the District Coordinator if you need assistance.) This project has been effectively clustered in order to make the highest and best use of the portions of the site which are most readily suitable for development, and to make the best use of the balance of the site by providing for the preservation of the wetlands and forested terrain which surrounds the area to be developed on three sides. The final buildout of this project as proposed will result in an overall density of 3.31 units per acre. This is in keeping with the neighboring single-family and clustured housing, and no further growth is planned on the project site. Criterion 10) Local and Regional Plans. Demonstrate that the project conforms to the municipal plan or regional plan or municipal capital program adopted under 24 V.SA, Chapter 117: a) Is there a duly adopted town plan? If so, explain how the project conforms to that plan with regard to land use, goals and objectives, and comments from local authorities (include copy of plan's land use map, relevant plan language on appropriate land uses or building densities, letter from the planning commission, etc.). This project conforms to the City of South Burlington Comprehensive plan. In general terms, the Plan designates the area of the project for moderate density housing, which the Plan defines as 1.1 to 5 units per acre. The Cedar Ridge density is 3.31 units per acre, with residential buildings and other improvements clustered in order to devote a substantial portion of the site to protected natural areas. The Plan identifies the following objectives and principles, with which this project is in conformance: - Location of higher density housing near schools, parks, shopping areas, employment centers and transportation links so as to provide convenient access and minimize energy consumption. - Creation of a variety of housing types in a variety of price ranges. - Creation of multiple street and pedestrian connections to and between residential neighborhoods. - Protection of natural areas, including through creative use practices such as cluster development. See City of South Burlington Comprehensive Plan 1996, Excerpts (Exhibit 28) and letter from Joe 21 Weith, City Planner (Exhibit 13). . b) Indicate what type of lazed uses are encouraged or allowed on the project site under the regional development plan if one exists (include copy of plan's land use map, relevant plan language on appropriate land uses or building densities, letter from the regional planning commission, cte.) (Contact your regional planning commission for assistance) The Chittenden County Regional Plan designates the project area as "Urban Mixed Use", the purpose of which includes residential and a variety of other uses, with density "per local by-laws". See Chittenden County Regional Plan, Excerpts (Exhibit 29). c) Does the municipality have a capital program? If so, indicate how the project conforms to that program. (Note: contact your town planner or planning commission for assistance.) The City of South Burlington does have a capital program. This project is in an area already served by the City's infrastructure, and does not require any capital improvements by the City so there is no direct impact upon the City's capital program. This project will pay impact fees for capital improvements which are based on the City's capital program. CEDAR RIDGE TOWNHOMES ACT 250 APPLICATION EXHIBIT 2 Declaration of Covenants, Conditions, Restrictions, Easements, Liens, and Cedar Ridge Association Bylaws DECLARATION OF CONDOMINIUM CEDAR RIDGE TOWNHOMES THIS DECLARATION OF CONDOMINIUM, made on the date of execution by RANDALL G. MUNSON, of Stowe, County of Lamoille, and State of Vermont ("Declarant"). WITNESSETH WHEREAS, RANDALL G. MUNSON is the owner in fee simple of approximately acres of land located on Patchen Road in South Burlington, Vermont, together with all easements, rights, appurtenances, and improvements thereto, described in the attached Exhibit A, and designated as "Phase I" on a plat entitled "Cedar Ridge Townhomes, Patchen Road, South Burlington, Vermont, Master Site Plan," prepared by Trudell Consulting Engineers, dated May 9, 1996, and recorded at Map Slide _ of the City of South Burlington Land Records, a copy of which is attached hereto as Exhibit B (the "Phase I Property"); and WHEREAS, Declarant intends to establish a multi -unit residential housing development on the Property, substantially as depicted and approved on the Master Site Plan attached hereto as Exhibit B, and to create a condominium regime, in one or more phases for the Property; WHEREAS, Declarant owns additional real property depicted on Exhibit B as "Additional Property" and desires to reserve the right to submit said Additional Property and improvements constructed thereon, including _ additional Units, to the condominium being organized under this Declaration. NOW, THEREFORE, Declarant hereby submits the Phase I Property to this Declaration and to the provisions of Chapter 15, Title 27, Vermont Statutes Annotated, known as the Vermont Condominium Ownership Act (the "Act"), and hereby creates with respect to the Phase I Property a condominium to be known as the "Cedar Ridge Townhomes" (the "Condominium" or "Property") which shall be held, sold, transferred, conveyed, used, occupied, mortgaged, or otherwise encumbered subject to the covenants, conditions, restrictions, easements, assessments, and liens hereinafter set forth which are for the purpose of protecting the value and desirability of the Property, and which shall run with title to the Property, and which shall be binding on all parties having any right, title, or interest in or to the Property or any part thereof, and their respective heirs, legal representatives, successors, and assigns, and shall inure to the benefit of each and every owner of all or any portion of the Property. ARTICLE I: DEFINITIONS A. Definitions. The terms used in this Declaration and in the attached Bylaws shall have the following meanings: 1. "Apartment" or "Condominium Unit" or "Unit" means an "apartment" as defined in the Act together with the undivided interest in the Common Elements which pertains to that Apartment, as defined in the Act. 2. "Assessment" means the amount assessed against the owners of each Unit from time to time by the Condominium Owners Association described below in the manner provided herein. 3. 'Board of Directors" or 'Board" means the persons elected or appointed as such in accordance with the Bylaws, who shall be the governing body of the Condominium Owners' Association. 4. "Building(s)" means the structures and related improvements which do, or will, comprise part of the Condominium. 5. "Building Plans" "Floor Plans" or "Plans" means the plans of the Units prepared by Robson Bilgen Architects, P.C., and filed with the City of South Burlington , Vermont, showing graphically particulars of each Unit, which is attached hereto as Exhibit C. 6. 'Bylaws" means the Bylaws of the Condominium Owners' Association, attached hereto as Exhibit E, as amended from time to time, and which are incorporated herein by reference and made a part hereof. 7. "Condominium Owners Association" or "COA" or "Association" means the association of unit owners, as defined in the Act, and is the Cedar Ridge Association, being a non-profit, non -stock membership association incorporated under the laws of Vermont, the membership of which is limited to owners of Units located in the Condominium. 8. "Common Areas" or "Common Elements" means parts of the Property as defined in the Act and means all parts of the Property and appurtenances thereto other than the Units. 9. "Common Expenses" means all lawful expenditures made or incurred by or on behalf of the COA, together with all lawful assessments, for the creation and maintenance of reserves pursuant to the provisions of the Condominium Instruments. 10. "Declarant" means RANDALL MUNSON, of Stowe, Vermont, and his successors and assigns. 11. "Declaration" means this Declaration of Condominium of Cedar Ridge Townhomes, as it may be amended from time to time, and includes all of the Exhibits hereto. 12. "First Mortgagee" means the holder of any first mortgage lien or the beneficiary under any first deed of trust encumbering a Unit. The term "mortgage" includes both mortgages and deeds of trust. DECLARATION OF CONDOMINIUM CEDAR RIDGE TOWNHOMES Page 2 13. "Institutional," as used in conjunction with "Lender," "Holder," "Mortgagee," or "First Mortgagee," means commercial and savings banks, savings and loan associations, trust companies and established mortgage companies, insurance companies, private mortgage insurance companies, pension funds, any corporation, including a corporation of or affiliated with the State of Vermont or United States Government, including, without limitation, the Vermont Economic Development Agency and its affiliates, including without limitation, Vermont 503 Corporation, or any federal credit unions, and other entities or agencies chartered under federal or state laws. 14. "Land" means the real property submitted hereby to the Condominium, more particularly described in Exhibit A and depicted as "Phase I" on Exhibit B, owned by the Declarant. 15. "Limited Common Elements" means those portions of the Common Elements reserved for the exclusive use of one or more, but less than all, of the Units, as more fully set forth in Article III of this Declaration. 16. "Lot Plan," "Survey" or "Site Plan" means and includes the survey of the Land and improvements thereon which is attached hereto as Exhibit B, showing the boundaries of the Land and the locations of Units and other improvements thereon. 17. "Manager" or "Management Agent" means a professional management agent employed by the COA to perform such duties and services as the Board of Directors shall authorize in conformance with the Act, this Declaration, and the Bylaws. 18. "Owner" or "Unit Owner" means an "Apartment owner" as defined in the Act and means the record owner, whether one or more persons, of fee simple title in and to any Unit. 19. "Percentage Interest" means the pro rata share of undivided interest each Owner has as a tenant -in -common in the Common Area; and "Total Percentage Interests" means the aggregate of all Percentage Interests. 20. "Project" or "Condominium" means the "Property" as defined in the Act and means the Land, the Units, and all other improvements and structures located thereon, and all easements, rights and appurtenances belonging thereto, submitted to the Act by the Declaration. 21. "Project Documents" or "Condominium Instruments" means and includes this Declaration, all Exhibits hereto, the Plans, the Bylaws, and the Rules and Regulations, all as amended from time to time. 22. "Property -wide Standard" shall mean the standard of conduct, maintenance, or other activity generally prevailing in the Project. Such standard may be more specifically determined by the Board of Directors. DECLARATION OF CONDOMINIUM CEDAR RIDGE TOWNHOMES Page 3 23. "Rules and Regulations" means the provisions and limitations promulgated from time to time by the Board governing the use of the Common Area and Units. 24. "Undivided Interest" means the percentage interest of each Unit in the Common Elements as set forth in Exhibit D attached to this Declaration and as amended from time to time. 25. "Unit Estate" means all the components of ownership held by an Owner, including the rights and interest of the Owner in and to a Unit and the rights of use and undivided interest in the Common Area and Limited Common Elements. Unless the context requires otherwise, all references to "Unit(s) or "Apartment(s)" herein shall include the Unit Estate. ARTICLE II: CONDOMINIUM PROPERTY A. Property. The Property consists of all and the same lands and premises, together with improvements thereon, and all easements benefiting and burdening the Project, and rights appurtenant thereto, as depicted and described in the Property Description and designated as "Phase I," on the Site Plan attached hereto as Exhibit A and Exhibit B, respectively, and, upon proper submission as set forth in this Declaration, all or any portion of the Additional Property. B. Description of Condominium Generally. As of the date hereof, the Declarant intends to eventually develop the Phase I Property and Additional Property as a condominium development consisting of 92 Units in twenty three Buildings, substantially as depicted on the Master Site Plan. The condominium development initially subject to this Declaration will consist of the Phase I Property and two Buildings constructed on the Phase I Property, depicted as Buildings Nos. 3 and 4 on Exhibit B, with related site and utility improvements, and containing 4 Units within each Building. The remaining twenty one Buildings, depicted on the Master Site Plan, containing 84 Units, related site improvements may be included in the Condominium, in whole or in part, from time to time, in one or more phases, by the execution of one or more amendments to this Declaration. As Units within Phase I and/or Units on the Additional Property are added to the Condominium, the percentage interest in the Common Elements and Limited Common Elements appurtenant to the existing Units will be redetermined as set forth herein and in Exhibit D. Notwithstanding the foregoing, any change in the percentage interest in the Common Elements and Limited Common Elements shall be completed on or before seven (7) years from the date of execution of this Declaration. C. Description of Buildings. The location of each Building which is a part of the Condominium is shown on the Master Site Plan. The Buildings are more particularly described as follows: Buildings Nos. 1-23 each containing two stories and 4 Units. DECLARATION OF CONDOMINIUM CEDAR RIDGE TOWNHOMES Page 4 The principal materials of which each Building is or is to be constructed are: concrete foundation, wood frame construction, clapboard siding over composite board for sheathing the exterior walls, asphalt shingles for the roof, and gypsum wallboard (sheetrock) for the interior walls. D. Description of Units and Improvements. The Units and other improvements to the Property, are depicted and described in the Master Site Plan. The Floor Plans attached hereto as Exhibit C show the layout, number of rooms, and approximate square footage of each typical exterior and interior Unit. There are two types of Buildings: Floor Plan A and Floor Plan B. Interior and exterior Units in Floor Plan A Buildings will consist of two bedrooms each and contain 1,090 square feet of floor space. The interior Units in Floor Plan B Buildings will consist of two bedrooms each and contain 1,140 square feet of floor space. The exterior Units in Floor Plan B Units will consist of two bedrooms each and contain 1,300 square feet. An unfinished space over the garage in the Floor Plan B Units may be finished off as a third bedroom. Exhibit D is a list of all Units made subject to the Condominium on the date hereof, the assigned value of each Unit, and the Percentage of Undivided Interest in the Common Elements allocated to each Unit. E. Unit Boundaries. The Units are multi -level, townhouse style dwelling units consisting of the enclosed space of more than one room occupying more than one floor, including a single car garage space, having a direct exit to a Limited Common Area or Common Area. The lower boundary of each Unit is a horizontal plane (or planes), the elevation of which coincides with the elevation of the upper surface of the concrete slab of the lowest level thereof, extended to intersect with the lateral or perimetrical boundaries of such Unit. The upper boundary of each Unit is a horizontal or sloped plane (or planes), the elevation of which coincides with the elevation of the innermost surface of the unfinished gypsum board (sheetrock) ceiling of the second floor extended to intersect the lateral or perimetrical boundaries of such Unit. The lateral or perimetrical boundaries of each Unit are vertical planes which coincide with the innermost surfaces of the interior gypsum board (sheetrock) perimeter walls of such Unit and the interior surfaces of the exterior doors or windows of such Unit. A Unit shall not include the perimeter or interior bearing walls, subfloors, or ceilings (except the interior sheetrock), the roof, the foundations and footings, basement concrete floor slab, concrete pavement in the garage or other structural elements such as joists, beams, trusses and rafters. A Unit shall include windows and sashes, frames, glass, grills and screens in windows and doors (whether or not opening on to a Common Element or Limited Common Element), the interior non -bearing walls (including sheetrock), , and finishing materials, and shall be maintained, repaired and replaced by the Owner of each respective Unit. DECLARATION OF CONDOMINIUM CEDAR RIDGE TOWNHOMES Page 5 Mechanical equipment and appurtenances located within any Unit and designed to serve only that Unit, such as appliances, electrical receptacles and outlets, plumbing fixtures, cabinets, telephone, electrical, heat, ventilation systems, and the like, shall be considered a part of the Unit. In addition, any fireplace, damper, chimney, flue, fireplace, hearth and firebox area associated with a Unit shall be considered a part of the Unit and shall be maintained by the Unit Owner of each respective Unit. A Unit shall not be considered to contain the utility lines and equipment, conduits, pipes, ducts, cables, wires, and the like and any other elements located within or accessible only from within a particular Unit which serve more than one Unit. A Unit shall include the utility lines and equipment, conduits, pipes, ducts, cables, wires, and the like and any other elements located within or accessible only from within a particular Unit which are for the exclusive use of the Unit. Each Unit shall have the burdens and the benefits of the easements set forth in Article V herein. ARTICLE III: COMMON ELEMENTS A. Limited Common Elements. 1. A "Limited Common Element" is a portion of the Common Elements allocated for the exclusive use of one or more than one, but fewer than all, of the Units. 2. All fixtures or improvements designated to serve, attached to, or adjacent to a single Unit, but located outside the Unit's boundaries, all areas designated on Exhibit C (Floor Plans) as front and back entrances, porches, decks, and any driveway parking spaces allocated to the Unit, are Limited Common Elements allocated exclusively to that Unit to which they are appurtenant. Except as otherwise provided herein, any expense for maintenance, repair or replacement relating to the Limited Common Elements shall be treated as and paid for as part of the Common Expenses. B. Common Elements. 1. The "Common Elements" include the Limited Common Elements and consist of all the Phase I Property and appurtenances thereto described and depicted on Exhibits A, B, and C except Units. 2. Except as otherwise set forth herein as to the use of the Limited Common Elements, the Common Elements shall remain undivided and shall be devoted to the common use and enjoyment of all Unit Owners. No Unit Owner or any other person shall maintain any action for partition or division thereof, unless the Property has been removed from the provisions of this Declaration pursuant to the Act. DECLARATION OF CONDOMINIUM CEDAR RIDGE TOWNHOMES Page 6 3. Each Lot Owner may use the Common Elements in accordance with the purposes for which they were intended without hindering or encroaching upon the lawful rights of other Unit Owners. Use of the Common Elements shall be subject to the limitations set forth herein for use of the Limited Common Elements and to the Rules and Regulations regarding use thereof as shall be established from time to time by the Board of Directors. 4. The Common Elements include, without limitation: a. All easements, restrictions, and other encumbrances included with the Property as described in Exhibit A; b. The foundations, footings, basement slabs, bearing walls, perimeter walls, main walls, footings, roofs, columns, girders, beams and supports; C. Utility lines, equipment and other improvements serving the Property or serving more than one Unit; d. All roads until accepted by the City of South Burlington as public roads, all driveways, sewer lines located within the project's private roadway and sewer lines located within the portion of Juniper Drive which will be dedicated to the City of South Burlington as a public street, the sewer pump station located on the Additional Property, the stormwater drainage system located on the Phase I Property and the Additional Property, including drains, catch basins, closed lines and detention ponds, parking areas, sidewalks, pedestrian trails, fences, trees, shrubs, landscaping, and other site improvements located on the Property. C. Undivided Percentage Interests. The value of each Unit and each Unit's Percentage of Undivided Interest in the Common Elements and Limited Common Elements as set forth on the attached Exhibit D. A Unit's Undivided Percentage Interest shall be redetermined in accordance with Exhibit D as additional Units on the Phase I Property and/or Additional Property are made a part of the Condominium. Except as otherwise set forth herein, the percentages determined in accordance with Exhibit D shall be of a permanent character and may not be changed without the consent of all Unit Owners. The Undivided Percentage Interest shall be determinative of all matters under the Act, this Declaration and the Bylaws which are properly determined by reference to the respective percentages, including, but not limited to the weight of each Unit Owner's vote for Association purposes and the allocation of Common Expenses. ARTICLE IV: OCCUPANCY AND USE RESTRICTIONS A. Use of Unit. Each Unit shall be used for residential purposes only, and no trade or business of any kind may be carried on therein, except customary home occupations and leases for residential purposes, provided such leases are for a minimum term of six months, and as otherwise provided in the Declaration and Bylaws. DECLARATION OF CONDOMINIUM CEDAR RIDGE TOWNHOMES Page 7 The occupancy of each Unit is subject to all easements and restrictions of record and on the above referenced plat, and all approvals by the City of South Burlington. B. Alteration of Units. At the time of purchase, each prospective Unit Owner of a Floor Plan B Unit shall have the option to purchase a finished room over the garage space from the Declarant. Except as otherwise set forth herein, no structural alterations within or affecting a Unit, other than the completion of the room over the garage in a Floor Plan B Unit by the Unit Owner after purchase, shall be made without the written consent of the Board of Directors. The appearance of the Common Elements or the exterior appearance of any Unit may not be changed without the written consent of the Board of Directors. No Units may be subdivided. B. Declarant's Reservations. Declarant reserves the right to use or maintain any portion of the Property as sales offices, management offices, models, and signs until such time as the Declarant has conveyed title to all of the Property to the Unit Owners in condominium. The Unit Owners and the Association shall not interfere with Declarant's efforts to complete the improvements to the Phase I Property, the Additional Property, or to market and sell Units in the first or subsequent Buildings, or with any rights of the Declarant reserved in Article XI. C. State and Municipal Laws. Each Unit Owner shall comply with all applicable permits, codes, laws, ordinances, rules, and regulations, of the State of Vermont and City of South Burlington affecting the use of the Units and the Common Elements. D. Interference with Others. No Unit shall be used or maintained in a manner which shall interfere with the comfort or convenience of occupants of other Units or contrary to the Bylaws and the Rules and Regulations. E. Parking Allocations. In addition to the parking space located within each Unit's garage, each Unit shall be entitled to the exclusive use of one parking space located in the driveway area adjacent to the Unit. Every Unit Owner shall be responsible for maintaining their respective garages in such a manner as to make the garage available for parking. Garages may not be converted to living space. The Declarant may establish guest parking spaces substantially as depicted on the Master Site Plan, the use of which shall be regulated and restricted by the Board of Directors. ARTICLE V: EASEMENTS A. Easement for Access. Each Unit Owner is hereby granted an easement, in common with each other Unit Owner, in all Common Elements for ingress and egress, utility service for, and support, maintenance and repair of each Unit, subject to such reasonable rules, regulations and restrictions as may be imposed by the COA. Each Unit is hereby benefitted by and subjected to an easement for ingress and egress through all Common Elements by persons lawfully using or entitled to the same. Such easements and rights are subject to the limitations upon the use of the Limited Common Elements as otherwise set forth herein. DECLARATION OF CONDOMINIUM CEDAR RIDGE TOWNHOMES Page 8 B. Easement for Encroachment. To the extent that any Unit or Common Element unintentionally and non -negligently encroaches on any other Unit or Common Element, an easement for the encroachment shall exist. C. Easement for Completion; Utilities; Public Areas. Declarant, for himself, and his heirs and assigns, reserves the right to grant and reserve easements and rights of way: (i) through, under, over and across the Phase I Property and the Additional Property for the installation, maintenance, repair, replacement, and inspection of lines and appurtenances for public or private sewer, water, drainage, gas, electricity, telephone, television, and other utility services to the Units; (ii) for the purpose of completing the construction of the Buildings, Units and other improvements on the Phase I Property and Additional Property; and (iii) to erect, maintain, and remove signs advertising Units for sale or lease within the Property. D. Easement for Support. Each Unit and the Common Elements shall have an easement for lateral and subadjacent support from every other Unit and the Common Elements. E. Additional Easements. The Board of Directors of the COA shall have the power (without submitting the same to the Unit Owners for approval) to authorize the appropriate officers of the COA to execute any and all easements as it may deem desirable for the benefit of the Unit Owners over, under, above or through any of the Common Elements for such purposes and upon such terms as the Board, in its sole judgment, deems desirable. PROVIDED, HOWEVER, all such easements shall be subordinate to the liens and rights of all mortgages and deeds of trust recorded prior in time thereto unless the mortgagee or trustee shall join therein. F. Upkeep. Maintenance, repair and replacement of the Common Elements and of the Units shall be as provided for in this Declaration, the Bylaws and the Act, notwithstanding boundaries of Units and Common Elements. Each Unit Owner shall afford to the COA and the other Unit Owners, and to their agents or employees, access across his or her Unit reasonably necessary for those purposes. If damage is inflicted on the Common Elements or any Unit through which access is taken, the Unit Owner responsible for the damage, or the COA, if it is responsible, shall promptly repair such damage. ARTICLE VI: DAMAGE OR DESTRUCTION A. Common Elements. Any portion of the Common Elements which is damaged or destroyed shall be promptly repaired or replaced by the COA unless: 1. repair or replacement would be unlawful, or 2. the Condominium is terminated. B. Units. A portion of any Unit which is damaged or destroyed shall be promptly repaired or replaced by the Owners of such Unit, unless: DECLARATION OF CONDOMINIUM CEDAR RIDGE TOWNHOMES Page 9 1. repair or replacement would be unlawful, or 2. a majority of the Unit Owners, including the Owners of all Units and all Owners of exclusive rights to Limited Common Elements which will not be rebuilt, vote not to rebuild, or 3. the Condominium is terminated. ARTICLE VII: TERMINATION OR CONDEMNATION A. Requirements for Termination. The Condominium may be terminated only by the recorded agreement of the Unit Owners to which 100 percent of the votes by Percentage Interest appertain, together with the written approval of 100 percent of the Institutional Mortgagees. The prior written approval of the Institutional Mortgagees shall not be required for abandonment or termination as provided by the statute, this Declaration, the Bylaws, or otherwise in case of substantial destruction or other casualty or in case of a taking by condemnation or eminent domain. B. Distribution of Proceeds Upon Termination. Subsequent to termination of the Condominium the entire Property shall be deemed to be owned in common by all of the Unit Owners in the same proportions as previously established for ownership of the Common Elements. After termination the Condominium shall be subject to an action. for partition at the suit of any Unit Owner or the holder of any lien thereon, in which event the net proceeds of the sale, together with the net proceeds of any insurance paid to the COA or to the Unit Owners in common, shall be considered as one fund and shall be divided among all of the Unit Owners in proportion to their Percentage Interests as set forth in Exhibit D to the Declaration. PROVIDED HOWEVER, that before any proceeds of sales are made to any Unit Owner, all mortgages and liens imposed upon the Unit and all liens imposed upon the Unit by the COA shall be satisfied of the share otherwise payable to said Unit Owner. ARTICLE VIII: INSURANCE A. Casualty Insurance. In order to ensure that sufficient reconstruction or repair funds, or both, will be available to the Association if and when needed, the Board of Directors shall insure the Common Elements that are normally included in coverage, in such amounts as it shall determine, to provide not less than one hundred percent (100%) of the current replacement value (exclusive of foundations, land, excavations, and other items that are normally excluded from insurance coverage) in the event of damage or destruction from the casualty against which such insurance is obtained. Such insurance shall protect against fire and all other hazards or perils customarily covered for similar types of condominiums and the proceeds of such insurance shall be used only for the repair, replacement and reconstruction of the Common Elements unless determined otherwise in accordance with Article VII. The Board of Directors may elect such endorsements and deductible provisions as are, in its judgment, consistent with good business practice and the purpose for which the insurance is bought. DECLARATION OF CONDOMINIUM CEDAR RIDGE TOWNHOMES Page 10 Policies of casualty insurance hereunder shall name the Association as the insured and the person to which payment is to be made as trustee on behalf of the Unit Owners and lienholders as their interests may appear. A policy shall provide that it may not be cancelled or substantially changed, except upon at least ten (10) days' written notice to the insured. B. Liability Insurance. The Board of Directors of the Association shall also purchase broad form comprehensive liability coverage in such amounts and in such forms as prudent condominium management practice suggests. A policy shall provide that it cannot be cancelled or substantially changed, except upon at least ten (10) days' written notice to the insured. C. Fidelity Coverage. The Association shall have fidelity coverage against dishonest acts on the part of the Directors, managers, employees and volunteers responsible for handling funds belonging to or administered by the Association in such amounts and in such forms as prudent condominium management practices suggest. A policy shall provide that it cannot be cancelled or substantially changed, except upon at least ten (10) days' written notice to the insured. D. Premiums. Premiums and expenses for all insurance and fidelity coverage purchased by the Association shall be Common Expenses. Where insurance premiums are increased as a result of increased risk attributable to a particular Unit, the Unit at issue shall be responsible for the increase, based upon the insurance carrier's appraisal of risk inherent to said Unit. A levy made against a Unit for an increase in premiums may be enforced in the same manner as Common Expenses. E. Separate Insurance. No insurance purchased by the Association shall in any way prejudice the right of each Unit Owner to obtain insurance for his or her own Unit and the property therein for his or her own benefit, nor shall the insurance purchased by the Owner prejudice the Association's rights and protection under policies purchased by the Association under this Declaration. All such separate policies of insurance obtained by a Unit Owner shall contain a waiver of subrogation if available. F. Deficiencies in Proceeds. In the event that the cost of repair or replacement is in excess of insurance proceeds, the excess amount required to repair and/or replace each Building shall be a Common Expense. G. Lender Requirements. Notwithstanding any provision herein to the contrary, all policies of insurance for Casualty, Liability and Fidelity shall be consistent with the insurance requirements of the Federal National Mortgage Association (Fannie Mae) for similar types of condominiums. ARTICLE IX: THE CONDOMINIUM ASSOCIATION A. Authority. The business affairs of the Condominium shall be managed by the COA. The COA shall be governed by the Bylaws, as they may be amended from time to time. DECLARATION OF CONDOMINIUM CEDAR RIDGE TOwmiosiEs Page 11 B. Membership and Voting. The legal Owners of each Unit shall be members of the Association, and the Association shall at all times consist exclusively of all the Owners or, following termination of the Condominium, Owners then owning as tenants in common. Each Unit Owner's membership shall terminate upon the transfer of that Owner's interest in the Unit. Unit Owners shall be entitled to one (1) vote equal to the undivided Percentage of the Common Elements pertaining to their Unit as Exhibit D to this Declaration. C. Powers. The COA shall have all of the powers, authority, and duties permitted pursuant to the Act necessary or appropriate to conduct the business and affairs of the Condominium and collect assessments described in the Declaration and Bylaws. D. Declarant's Control. Declarant will transfer control of the Association at such time as he shall decide in his sole discretion, but in no event, no later than the earlier of. (a) 120 days after the date by which seventy-five percent (75%) of the Units have been conveyed to initial Unit Owners by the Declarant; or (b) seven (7) years from the date of conveyance of the first Unit by the Declarant; or (c) voluntary relinquishment in writing by the Declarant. Until such time as Declarant shall transfer control of the COA, Declarant shall appoint the Directors and may direct, modify, or veto any action of her Board of Directors. Declarant may, for so long as he is the Owner of a Unit, exercise, with respect to such ownership, all ownership rights granted pursuant to this Declaration, and the Bylaws. As long as Declarant retains control of the COA, no person may record any declaration of covenants, conditions and restrictions or declaration of condominium or similar instrument affecting any portion of the Condominium without Declarant's written consent thereto, and any attempted recording without compliance herewith shall result in such or similar instrument being void and of no force and effect unless subsequently approved by recorded consent signed by the Declarant. E. Power of Attorney. Every Unit Owner irrevocably appoints Declarant, his heirs or assigns, for so long as he is in control of the Condominium, and thereafter, the COA and its authorized agents, as their attorney -in -fact to represent the Owners in any proceedings, negotiations, settlements, claims with respect to handling any losses, proceeds, actions, destruction, liquidation or termination of the Condominium. This appointment shall be deemed a power coupled with an interest and shall survive a Unit Owner's death, or dissolution. F. Maintenance. The Association shall maintain and keep in good repair at all times the Common Areas, including, without limitation, Juniper Drive until such roadway or portions thereof are accepted by the City, the mailbox area, recreation facilities, sewage collection and treatment system (including the force main running under Juniper Drive from Patchen Road to the Condominium's private roadway and the pump station located on the Additional Property), water systems, stormwater drainage system (including all catch basins, closed lines and the detention pond located on the Phase I Property and the Additional Property), lighting, landscaping, open space, utility lines and facilities, and including the Limited Common Areas, except for such maintenance of the Limited Common Property as the Board of Directors shall, from time to time, delegate to the Unit Owners appurtenant thereto and until such time as the City shall accept responsibility for such Property. The Association shall also be responsible for all snow removal from the Condominium's private roadway, all DECLARATION OF CONDOMINIUM CEDAR RIDGE TOWNHOMES Page 12 driveways, walkways, the mailbox area, and that portion of Juniper Drive which will be dedicated to the City, until such time as the City of South Burlington assumes responsibility for snow removal on such portion of Juniper Drive. The maintenance shall be performed in a manner consistent with the Property -Wide Standard. In addition, the Association shall have the right, but not the obligation, to maintain property not owned by the Association where the Board has determined that such maintenance would benefit the Owners and the Association shall have the obligation to maintain such Property not owned by the Association as required by any permit or approval of the Project by any governmental agency. ARTICLE X: COMPLIANCE AND DEFAULT A. Compliance. Each Unit Owner shall be governed by and with, all of the provisions of the Declaration and Bylaws and any resolutions, rules, or regulations by the Board of Directors of the Association, as the same may be amended from time. In addition to the remedies provided by the Act, the Declaration, or the Bylaws, the failure of a Unit Owner to comply with any of said requirements shall entitle the Association acting through its Board of Directors or through its agent or an aggrieved Unit Owner, to the following relief after appropriate notice to the defaulting Unit Owner: 1. Liability. A Unit Owner shall be liable for the expenses of any maintenance, repair, or replacement rendered by the Unit Owner's act, neglect, or carelessness or by that of any employees, agents, lessees, or other invitees. No Unit Owner shall conduct any activity which may result in an increase in insurance rates occasioned by use, misuse, occupancy, or abandonment of a Unit or its appurtenances, or of the Common Elements. 2. Fines. The Board of Directors of the Association shall have the right to impose upon a defaulting Unit Owner a reasonable fine, commensurate with the severity of the violation of any of the provisions of the above -referenced documents, which fine shall become a continuing lien against the Unit of the defaulting Unit Owner enforceable in the manner provided by the Act and the Bylaws. 3. Iniunctions. The Board of Directors of the Association or any aggrieved Unit Owner shall have the right or remedy by appropriate legal proceedings, either at law or in equity, to abate or enjoin the continuance of any violation of the provisions of the above -referenced documents, including, without limitation, an action to recover any sums due for money damages, injunctive relief, foreclosure of the lien for payment of all assessments, any combination thereof, and any other relief afforded by a court of competent jurisdiction. Such remedies shall be deemed cumulative and shall not constitute an election of remedies. The failure of the Association or its Board of Directors to enforce any rights, covenants, or conditions of the Condominium shall not constitute a waiver of the right to enforce such rights, covenants, or conditions in the future. There shall be and there hereby is created and declared to be, a conclusive presumption that any violation or breach, or any attempted violation or breach, of any DECLARATION OF CONDOMINIUM CEDAR RIDGE TOWNHOMES Page 13 of the covenants and restrictions of the Declaration or Bylaws shall so damage the community and its property values that it cannot be adequately remedied by action at law or exclusively by recovery of damages. 4. Costs and Attorneys' Fees. In any proceeding of an alleged failure of a Unit Owner to comply with the terms of this Declaration, the Bylaws, or the Rules and Regulations of the Association, the prevailing party shall be entitled to recover the costs of the proceeding and reasonable attorneys' fees. B. Rights of the Unit Owner. Each Unit Owner shall have a right of action against the COA for failure of the COA to comply with the provisions of the Project Documents or the decisions made by the COA. C. Waiver. No provision of this Declaration shall be deemed to have been waived by reason of any failure to enforce regardless of the occurrence of violations or breaches from time to time. ARTICLE XI: DECLARANT'S RESERVED RIGHTS AND POWERS A. Easement for Completion. The Declarant hereby reserves for himself and his heirs and assigns, easements, rights of way, and licenses, and the right to grant easements, rights of ways and licenses, over, under, across and through all of the Phase I Property and Additional Property for the purpose of. (i) completing the improvements to the Phase I Property and Additional Property described in this Declaration, including roads, driveways, sewer lines, stormwater drainage systems, parking areas, sidewalks, fences, trees, shrubs, landscaping, and utility lines, equipment and improvements, and for the purpose of sales activities, such as erecting signs advertising the Condominium; (ii) providing utility service to the property; and (iii) compliance with permits, laws, rules, regulations, ordinances and other governmental requirements. B. Alteration of Units or Buildings. Declarant reserves the right to alter the design and arrangement of the Units and Buildings, said right to last as long as the Declarant controls the Association or owns any of the Units or Buildings so altered. If Declarant shall make any such alterations, they shall be reflected in an amendment to this Declaration. The Declarant may make any structural alterations within or affecting any Unit, so long as Declarant owns said Unit, without the prior written consent of the Board of Directors. C. Amendment to Enlaryze Condominium. The Declarant reserves for himself and his heirs and assigns, the absolute right, which may be exercised at any time or from time to time in the Declarant's sole discretion, to develop and improve all of the Phase I Property. The location and configuration of the Buildings proposed for the Property on Exhibit B may be modified by the Declarant in his sole discretion. Declarant also reserves the right, in his sole discretion, at any time or from time to time to amend this Declaration to subject the Additional Property to this Declaration DECLARATION OF CONDOMINIUM CEDAR RIDGE TOWNHOMES Page 14 D. Easement for Further Development. Declarant hereby reserves for himself and his heirs and assigns, without restriction or limitation, perpetual non-exclusive easements, rights of way, and licenses, and the right to grant easements, rights of way and licenses, over, under, across and through all of the Phase I Property and Additional Property for the purpose of storing building materials and supplies and equipment used in improving the Property; construction, maintenance, repair, replacement of Buildings, roads, driveways, sidewalks, pedestrian trails, fences, trees, shrubs, landscaping, utility lines, equipment and other improvements included as part or necessary to serve the portion of the Property being developed by Declarant and any Buildings located thereon; making future connections, hookups, and tie ins to utility lines, equipment, and other improvements constructed to serve the Property, the Buildings or other improvements located thereon. The easements, rights of way and licenses reserved hereunder shall be sufficient in scope to permit development, use and occupancy on the Phase I Property and Additional Property of as many Buildings and Units as the Declarant in his sole discretion shall determine. E. Permits and Approvals for Further Development. Each Owner acknowledges, by acceptance of a Condominium Deed, that the Declarant has the right to develop 92 Units on the Phase I Property and Additional Property, and that the Declarant may also, in the future, seek to develop the Phase I Property or Additional Property in a different manner, subject to the specific limitations set forth in this Declaration. In such event, the Association, the Unit Owners and their mortgage holders shall cooperate with and assist the Declarant in obtaining governmental permits and approvals necessary or appropriate for the development, use and occupancy the Phase I Property and Additional Property, irrespective of the number, size and location of the improvements proposed by the Declarant. Neither the Association nor any Unit Owner or mortgage holder shall oppose, object or otherwise interfere with any such application or any such use or development by the Declarant. The Declarant shall have and hereby reserves the right to be the sole applicant for such permits and approvals, and the Owners and their mortgage holders shall execute any instruments necessary or appropriate to confirm such right. Nothing contained in this Declaration is intended to establish any general right to require the Declarant to develop, use or occupy any portion of the Phase I Property or Additional Property in any particular manner, it being understood that the development plans for such properties are completely within the sole discretion of the Declarant, unless otherwise specified in this Declaration. F. Amendments Under this Article. Any amendment to this Declaration permitted by this Article need be signed and acknowledged only by the Declarant, and it shall be deemed that the Association, Unit Owners, lienholders or mortgage holders have voted for such amendment or amendments. In addition, prior to the sale of any Units, the Declarant may make whatever amendment he deems advisable, in his sole discretion, without the consent of any person. DECL.9R4TION OF CONDOMINIUM CEDAR RIDGE TOWNHOMES Page 15 ARTICLE XII: ENVIRONMENTAL RESTRICTIONS A. Use of Property Subject to Permits. The Property may be used and conveyed only in accordance with the conditions of the Vermont Land Use Permit for the development of the Property and the permit and approvals referenced therein, and the City of South Burlington Final Zoning and Subdivision Approval; all protective covenants and easements and rights of way for utilities of record; and as all of the foregoing may be amended from time to time. B. Promulgation of Rules and Regulations. The Board of Directors may, from time to time, without consent of the members, promulgate, modify, or delete use restrictions and rules and regulations applicable to the Units and the Common Property. Such rules and regulations and use restrictions shall be binding upon all Owners and occupants until and unless overruled, cancelled, or modified in a regular or special meeting by the vote of the members holding a majority of the total votes in the Association. Such rules and regulations and use restrictions may impose stricter standards than those contained in this Section. The Association, acting through its Board of Directors, shall have standing and the power to enforce such standards. C. Satellite Dishes. All satellite dishes and antennae shall be sufficiently screened. D. Lighting. Except for seasonal decorative lights, all exterior lights must be installed and used in a manner which will not unduly disturb surrounding Unit Owners and must be approved by the Board of Directors. E. On -Site Fuel Storage. No on -site storage of gasoline, heating, or other fuels shall be permitted on any part of the Property, except for propane, and not more than five (5) gallons of other fuel stored on each Unit for emergency purposes and operation of lawn mowers and similar tools or equipment. F. Outbuildings. No structures of a temporary character, tents, shacks, barns, trailers, garages, unfinished basements, or other outbuildings shall be occupied as living quarters on the Property. G. Parking. No unregistered motor vehicle, or any boat, boat trailer, snowmobile, snowmobile trailer, camper, truck (other than pick-up trucks), or recreational vehicle may be parked, stored, or maintained on any portion of the Property, including garages, as garages are to be used for the parking of motor vehicles only. The parking of motor vehicles along the roadway or in other spaces which have not been designated for parking shall be strictly prohibited. The Rules and Regulations approved by the Board of Directors may establish appropriate penalties for parking violations. H. Rubbish, Trash and Garbage. All rubbish, trash, and garbage shall be stored in containers in enclosed areas and regularly removed from the Property. There shall be no burning of trash. DECLARATION OF CONDOMINIUM CEDAR RIDGE TOWNHOMES Page 16 I. Nuisance. It shall be the responsibility of each Owner to prevent the development of any unclean, unhealthy, unsightly, or unkempt condition within his or her Unit and Limited Common Areas. No noxious or offensive activity shall be carried on upon any Unit or the Common Areas. There shall not be maintained any plants or animals or device or thing of any sort whose activities or existence in any way are noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of the Property. J. Use of Motor Vehicles Restricted. No motor vehicles may be used on any portion of the Common Areas, except roadways and driveways, or for authorized and emergency maintenance purposes. K. Occupants Bound. All provisions of the Declaration and any rules and regulations or use restrictions promulgated pursuant thereto which govern the conduct of Owners and which provide for sanctions against Owners shall also apply to all occupants of the Property. L. Leasing. Units may be leased for residential purposes. All leases shall have a minimum term of six (6) months. All leases shall require, without limitation, that the tenant acknowledge receipt of a copy of the Declaration, Bylaws, use restrictions, and Rules and Regulations of the Association. The lease shall also obligate the tenant to comply with the foregoing and shall provide that in the event of noncompliance, the Board, in addition to any other remedies available to it, may, in the event the Owner shall fail to initiate and reasonably maintain an action to evict the tenant after written request to do so by the Association, evict the tenant on behalf of the Owner and specifically assess all costs associated therewith against the Owner and the Owner's property. M. Wetlands. No vegetation or wildlife located in any wetland areas on the Common Property shall be disturbed, except as otherwise approved in the Conditional Use Determination for the Property issued by the State of Vermont, and there shall be no construction or disturbance in the wetland buffer zone depicted on the Site Plan except as permitted by the Vermont Wetland Regulations. N. No Hazardous Use or Waste. Nothing shall be done or kept in any Unit or on the Common Area which will increase the rate of insurance for the Property or any part thereof applicable for residential use. No Unit Owner shall permit anything to be done or kept in his or her Unit or on the Common Area which will result in the cancellation of insurance on the Property or any part thereof or which would be in violation of any law, regulation or administrative ruling. No waste shall be committed in the Common Area. O. Animal Control. All dogs and other domestic pets shall be in the control of the Owner at all times while on the Property. Owners are responsible for immediate cleanup of any waste in the public thoroughfares and/or damage to Common Area. Owners are also responsible for all impoundment costs incurred in the control of dogs or other domestic animals while on the Common Area. In addition, Unit Owners are subject to the animal control ordinances of the City of South Burlington. DECLARATION OF CONDOMINIUM CEDAR RIDGE TOWNNOMES Page 17 P. Energy Conservation Measures. 1. Without the prior written consent of the Vermont District #4 Environmental Commission, or its successor, no alteration may be made to any Unit or other Building which would reduce the effect of the water -conserving plumbing fixtures or insulation, including low -flush toilets, low -flow showerheads, and aerator or flow -restricted faucets. All leases shall require maintenance of same. 2. All heated structures shall be constructed with insulation to an R-value of at least R-19 in the exterior walls, at least R-38 in the roof or cap, and at least R-10 around the foundation or slab. All slabs shall be thermally sealed from the foundation. All residential buildings shall have Thermopane windows. The lighting fixtures in any utility buildings shall have energy efficient ballasts. The installation or use of electricity as a primary heating source is prohibited. Q. Landscaping The Association shall continually maintain all Common Areas, facilities, recreational amenities, and landscaping substantially as approved by the City of South Burlington Planning Commission and the District #4 Environmental Commission. All dead or diseased landscape plantings shall be replaced as soon as seasonably possible. R. Amendments. No amendment of this Article shall be effective without the prior written consent of the Vermont District #4 Environmental Commission. ARTICLE XIII: AMENDMENTS A. Proposal of Amendments. Amendments to this Declaration and the Bylaws may be proposed only by Declarant, the Board of Directors, or by petition signed by Unit Owners representing at least 25 percent of the total votes of the Unit Owners. A description of any proposed amendment shall accompany the notice of any regular or special meeting at which such proposed amendment is to be voted upon. B. Method of Amendment. Except in cases for which the laws of Vermont or this Declaration provide different methods of amendment or require a larger majority, the Declaration and Bylaws may be amended only by the agreement of at least 75 percent of the Unit Owners. Notwithstanding the foregoing, no amendment shall become effective which in any way reduces the rights granted to Institutional Mortgagees as are affected thereby without the express written consent of each such affected Institutional Mortgagee, and no amendment shall become effective which limits the rights granted to Declarant by this Declaration or by the Bylaws without the express written concurrence of Declarant to such amendment. C. Amendments Required by Institutional Mortgagees. The Declaration and the Bylaws may be amended by the Declarant for so long as he shall retain control of the COA, and thereafter by affirmative vote of a majority of the Board of Directors of the COA at any regular or special meeting, without further action of the Unit Owners or Mortgagees where such amendment is necessary in order to comply with any requirement of an Institutional Mortgagee, any law, regulation, ordinance, or judicial determination, or if such amendment is DECLARATION OF CONDOMINIUM CEDAR RIDGE TOWNHOMES Page 18 necessary to enable a licensed title insurance company to issue title insurance coverage with respect to any Unit. Further, for so long as he retains control of the Association, Declarant may unilaterally amend this Declaration and/or the Bylaws for any other purpose, provided however, no such amendment shall materially adversely affect the substantive rights of any Unit Owner or Institutional Mortgagee. Declarant, for so long as he shall maintain control, and thereafter the Board of Directors, is hereby designated as attorney -in -fact for all of the Unit Owners and Mortgagees to adopt such amendments and to authorize one or more of the officers of the COA to execute any and all documents necessary and proper to accomplish such amendment. This appointment shall be deemed a power coupled with an interest and shall survive a Unit Owner's disability, death, or dissolution; PROVIDED, HOWEVER, that where such an amendment in any way reduces the significant rights granted to any Institutional First Mortgagee by the Declaration or Bylaws, the concurrence of all such affected Institutional Mortgagees to such amendment shall be required; and FURTHER PROVIDED, that where such an amendment in any way reduces the rights granted to Declarant by the Declaration or the Bylaws, the written concurrence of the Declarant to such amendment shall be required. D. Individual's Consent. Except as otherwise provided herein, no amendment which alters the dimensions of any Unit or which alters the percentage of the Common Element Interest to which any Unit is entitled or the Limited Common Elements appurtenant to a Unit shall be valid unless the same has been signed or consented to by the Unit Owner so affected. ARTICLE XIV: RIGHTS RELATED TO MORTGAGEES A. Notice of Action. Upon written request to the COA from any Institutional Mortgagee, identifying its name and address and the Unit number or address, such Institutional Mortgagee shall be entitled to timely written notice of: I. any condemnation loss or any casualty loss which affects any material portion of the Project or any Unit Estate on which there is a first mortgage held, insured or guaranteed by such qualified requesting party; 2. any delinquency in the payment of assessments or other charges by an Owner of a Unit subject to a first mortgage held or insured by such party, which delinquency remains uncured for a period of sixty (60) days; 3. any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the COA; or 4. any proposed action which would require the consent of a specified percentage of Institutional Mortgagees. DECLARATION OF CONDOMINIUM CEDAR RIDGE TMNHOMES Page 19 B. Special Voting Rights of Institutional Mortgagees. Any action with respect to the Project including, but not limited to, amendment to the Project Documents, restoration or repair after partial or total condemnation or casualty loss, or termination of the legal status of the Project under the Declaration, requiring the votes of the Owner shall also require the consent of Institutional Mortgagees holding mortgages on Unit Estates which represent at least fifty one percent (51%) of the mortgages of Institutional Mortgagees on the Property; provided, however, that in the case of a termination of the Project as a condominium not made as a result of destruction, damage or condemnation, the applicable percentage shall be sixty seven percent (67%) instead of fifty one percent (51 %). C. Failure to Provide Negative Responses. For the purposes of Section B above and any voting requirements for Institutional Mortgagees in Article XIII, an Institutional Mortgagee who receives a written request to approve action in accordance with Section B or Article XIII, delivered by certified or registered mail, return receipt requested, shall be deemed to have consented to such action unless said Mortgagee provides a negative response to the COA within thirty (30) days of the date of receipt by the Mortgagee of the written request. ARTICLE XIII: MISCELLANEOUS A. Invalidity. If any provision of this Declaration is held invalid, the invalidity thereof shall not affect other provisions of this Declaration which can be given effect without the invalid provisions and to this end the provisions of this Declaration are severable. B. Headings. The headings in this Declaration are for purposes of reference only and shall not limit or otherwise affect the meaning thereof. C. Agent. The person who shall receive service of process as required by the Act is Randall G. Munson, 366 Dorset Street, South Burlington, VT 05403. DECLARATION OF CONDOMINIUM CEDAR RIDGE TOWNHOMES Page 20 IN WITNESS WHEREOF the Declarant has caused this Declaration to be executed this day of , 1996. WITNESSES: DECLARANT: Randall G. Munson STATE OF VERMONT COUNTY OF CHITTENDEN, SS. BEFORE ME, the undersigned authority, personally appeared Randall G. Munson, to me known, and he acknowledged the foregoing instrument, by him signed and sealed, to be his free act and deed. Dated at Vermont this day of . G10 Notary Public My commission expires: 2/10/99 DECLARATION OF CONDOMINIUM CEDAR RIDGE TOWNHOMES Page 21 EXHIBIT A (PROPERTY DESCRIPTION) The Property of the Cedar Ridge Townhomes consists of a certain parcel of land, together with buildings and other improvements now or hereafter located thereon, and all easements, rights, and appurtenances now or hereafter belonging thereto in the City of South Burlington, County of Chittenden, State of Vermont, as depicted as "Phase I," on a Plat entitled "Cedar Ridge Townhomes, Patchen Road, South Burlington, Vermont, Master Site Plan," prepared by Trudell Consulting Engineers, dated May 9, 1996, and recorded at Map Slide _ of the City of South Burlington Land Records. The land included within the Property is a portion of the same lands and premises conveyed to Randall G. Munson by Warranty Deed of Munson Earth Moving Corporation, dated March 23, 1976, recorded at Volume _, Page of the City of South Burlington Land Records and further described as follows: [Insert Metes and Bounds Description] The Property is subject to all covenants, conditions, restrictions, easements, and rights of way as referenced and depicted on the above -referenced Plat and as of record. Reference is hereby made to the above -referenced Plat and instruments and the records thereof and references therein contained in further aid of this description. DECLARATION OF CONDOMINIUM CEDAR RIDGE TOWNHOMES Page 22 EXHIBIT B MASTER SITE PLAN DECLARATION OF CONDOMINIUM CEDAR RIDGE TOWNHOMES Page 23 EXHIBIT C FLOOR PLANS DECLARATION OF CONDOMINIUM CEDAR RIDGE TOWNHOMES Page 2� EXHIBIT D SCHEDULE OF ASSIGNED VALUES AND PERCENTAGE INTERESTS ASSIGNED PERCENTAGE OF COMMON ELEMENT UNIT NO. ASSIGNED VALUE INTEREST PER UNIT 3A $125,000.00 11.80% 3B $125,000.00 11.80% 3C $125,000.00 11.80% 3D $125,000.00 11.80% 4A $149,083.00 14.07% 4B $130,734.00 12.33% 4C $130,734.00 12.33% 4D $149,083.00 14.07% Total $1,059,634.00 100.00% In the event the Declarant elects to expand the Condominium by adding Units to the Phase I Property or adding Units to the Additional Property as provided in Articles IV and XI of the Declaration, the Percentage Interest appurtenant to each Unit of the Condominium shall be reestablished in accordance with the following formula: Vu = Pu A Pu = Percentage Interest of all Units to be determined by multiplying the number of Units by the respective values set forth above. Vu = Valuation of the respective Unit to be determined by the values set forth above. A = Aggregate Valuation of all Units existing in the Condominium and added to the Condominium as provided in this Declaration. The following chart is an example of the adjustments that might be made in Percentage Interests when Building Nos. 5 and 6 are added to the Phase I Property . (However, the exact adjustment of Percentage Interests is not subject to calculation until the exact number of all Units to be added to the Condominium and their values are established.) In the event that an addition of Units results in a calculation of Percentage Interests in accordance with the above formula which do not total 100 percent, the amount necessary to bring such total to 100 percent shall be allocated by the Board of Directors. DECLARATION OF CONDOMINIUM CEDAR RIDGE TOWNHOMES Page 25 SCHEDULE OF ASSIGNED VALUES AND PERCENTAGE INTERESTS WHEN BUILDING NOS. 5 AND 6 ARE ADDED ASSIGNED PERCENTAGE OF COMMON ELEMENT UNIT # ASSIGNED VALUE (EST. INTEREST PER UNIT (EST.) 3A $125,000.00 05.90% 3B $125,000.00 05.90% 3C $125,000.00 05.90% 3D $125,000.00 05.90% 4A $149,083.00 07.03% 413 $130,734.00 06.17% 4C $130,734.00 06.17% 4D $149,083.00 07.03% 5A $149,083.00 07.03% 5B $130,734.00 06.17% 5C $130,734.00 06.17% 51) $149,083.00 07.03% 6A $125,000.00 05.90% 613 $125,000.00 05.90% 6C $125,000.00 05.90% 61) $125,000.00 05.90% Total $2,119,268.00 100.00% DECLARATION OF CONDOMINIUM CEDAR RIDGE TOWNHOMES Page 26 EXHIBIT E BYLAWS CEDAR RIDGE ASSOCIATION BYLAWS CEDAR RIDGE ASSOCIATION ARTICLE I: PLAN OF UNIT OWNERSHIP A. ApolicabilitX. These Bylaws provide for the governance of the Cedar Ridge Townhomes (the "Condominium") located in South Burlington, Vermont, and more particularly described in the Declaration of Condominium for the Cedar Ridge Townhomes. B. Compliance. Every Unit Owner and all those entitled to occupy a Unit shall comply with these Bylaws. C. Office. The office of the Condominium, the COA, and the Board of Directors shall be located at the Property or at such other place as may be designated from time to time by the Board of Directors. D. Definitions. Each capitalized term used herein without definition shall have the meanings specified in the Declaration of Condominium for the Cedar Ridge Townhomes, to which these Bylaws are attached, as it may be amended from time to time (the "Declaration"), or as provided in the Vermont Condominium Ownership Act (the "Act"). ARTICLE II: ASSOCIATION A. Composition. The Cedar Ridge Association ("COA") shall consist of all Unit Owners acting as a group. The COA shall have the responsibility for administering the Condominium, establishing the means and methods of collecting assessments and charges, arranging for the management of the Condominium, and performing all of the other acts that may be required or permitted to be performed by the COA, by the Act, and the Declaration. Except as to those matters which the Act specifically requires to be performed by the vote of the COA, the foregoing shall be performed by the Board of Directors or their designee. B. Annual Meetines. An annual meeting of the COA shall be held each year at a time to be determined by the Board of Directors. At such annual meetings the Board of Directors for the next year shall be elected by ballot of the Unit Owners. If, in any year, an annual meeting is not held, a special meeting may be held in lieu thereof, and any elections or business transacted any annual meeting. C. Special Meetings. Special meetings of the members may be called at any time for the purpose of considering matters which, by the terms of the Declaration require the approval of all or some of the members, or for any other reasonable purpose. Said meetings shall be called by written notice, signed by the President or the majority of the Board of Directors, or by the Owners having one -quarter (1/4) of the total votes. D. Place of Meetings. Meetings of the COA shall be held at the principal office of the COA or at such other suitable place convenient to the Unit Owners as may be designated by the Board of Directors. E. Notice of Meetings. 1. The Secretary shall mail or hand deliver to each Unit Owner a notice of the place, date, hour and purpose or purposes of each annual and special meeting of the Unit Owners. The notice shall be mailed or hand delivered not less than seven (7) days nor more than sixty (60) days before the date of such meeting. 2. Any Unit Owner may at any time, in writing, waive notice of any meeting of the COA, and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Unit Owner at any meeting of the COA shall constitute a waiver of notice by him of the time, place and purpose of such meeting. F. Adiournment of Meetings. If at any meeting of the COA a quorum is not present, Unit Owners having a majority of the votes who are present at such meeting in person or by proxy may adjourn the meeting to a time not less than 48 hours after the time the original meeting was called. G. Voting. Unit Owners shall have one (1) vote equal to the undivided Percentage Interest in the Common Elements pertaining to their Unit as allocated in Exhibit D to the Declaration, and joint Owners of a Unit shall vote their one (1) vote collectively. Except where a greater number is required by the Act, the Declaration, or Bylaws, the Unit Owners with more than 60 percent of the votes of members voting in person or by proxy at one time at a duly convened meeting at which a quorum is present ("majority of the Unit Owners") is required to adopt decisions at any meeting of the COA. H. Quorum. Except as otherwise provided in the Bylaws, the presence in person or by proxy of 60 percent or more of the votes of the members shall constitute a quorum at all meetings of the COA. I. Conduct of Meetings. The President shall preside over all meetings of the COA. The Secretary shall keep the minutes of the meetings and shall record in a minute book all resolutions adopted at the meetings as well as keep a record of all transactions occurring thereat. The then current edition of Robert's Rules of Order shall govern the conduct of all meetings of the COA and the Board of Directors when not in conflict with the Bylaws, the Declaration, or the Act. J. Action Without Meeting. Any action by the Unit Owners required or permitted to be taken at any meeting may be taken without a meeting if all of the Unit Owners shall individually or collectively consent in writing to such action. Any such written consent shall be filed with the minutes of the proceedings of the Unit Owners. ARTICLE III: BOARD OF DIRECTORS A. Number and Qualifications. The affairs of the Association shall be governed by a Board of Directors composed of not less than three (3) persons, all of whom shall be Unit Owners. An officer or agent of a corporate Unit Owner, or general partner of a partnership, or the beneficiary of a trust shall be deemed to be the Unit Owner for this purpose. Not more than BYLAWS OF THE CEDAR RIDGE ASSOCIATION Page 3 one (1) Owner of each Unit may be a Director at one time. B. Powers and Duties. The Board of Directors shall have all of the powers and duties necessary for the administration of the affairs of the COA and may do all such acts and things as are not prohibited by the Act, including the following: 1. Prepare an annual budget, in which there shall be established the assessments of each Unit Owner for the Common Expenses of the Condominium (the "Common Expenses"). Assessments will be charged to the Owners of each Unit according to their percentage of undivided interest in the Common Areas and Facilities. 2. Make assessments against Unit Owners to defray the costs and expenses of the Condominium, establish the means and methods of collecting such assessments from the Unit Owners including reasonable discounts, late fees, interest, penalties, and other costs of the collection including attorneys' fees, and establish the period of the installment payment of the annual assessment for Common Expenses. Unless otherwise determined by the Board of Directors, the annual assessment against each Unit Owner for each Unit Owner's proportionate share of the Common Expenses shall be payable in equal monthly installments, each such installment to be due and payable in advance on the first day of each month for such month. 3. Provide for the operation, care, upkeep and maintenance of all of the Property and services of the Condominium. 4. Designate, hire and dismiss the personnel necessary for the maintenance, operation, repair and replacement of the Common Elements, provide services for the Property and, where appropriate, provide for the compensation of such personnel and for the purchase of equipment, supplies and materials to be used by such personnel in the performance of their duties, which supplies, equipment and materials shall be deemed part of the Property. 5. Collect the assessments against the Unit Owners, deposit the proceeds thereof in bank depositories designated by the Board of Directors, and use the proceeds to carry out the administration of the Property. 6. Make and amend the Rules and Regulations applicable to Unit Owners and occupants of Units. Open bank accounts on behalf of the Association and designate the signatories thereon. 8. Make, .or contract for the making of, repairs, additions and improvements to or alterations of the Property, and for repairs to and restoration of the Property, in accordance with these Bylaws, after damage or destruction by fire or other casualty or as a result of the condemnation or eminent domain proceedings. 9. Enforce by legal means the provisions of the Declaration, these Bylaws and the Rules and Regulations and act on behalf of the Unit Owners with respect to all matters as provided for in the Declaration, Bylaws, and law. BYLAWS OF THE CEDAR RIDGE ASSOCIATION Page 4 10. Obtain and carry fidelity insurance and insurance against casualties and liabilities, as provided in these Bylaws, pay the premiums therefor and adjust and settle any claim thereunder. 11. Pay the cost of all authorized services rendered to the COA and not billed to Unit Owners of individual Units or otherwise provided for in these Bylaws. 12. Keep books with detailed accounts in chronological order of the receipts and expenditures affecting the Property, and the administration of the COA, the Common Elements and any other expenses incurred. Such books and vouchers accrediting the entries thereupon shall be available for examination by the Unit Owners, their duly authorized agents or attorneys, and the holders, insurers, and grantors of first mortgages, during general business hours on working days at the times and in the manner set and announced by the Board of Directors for the general knowledge of the Unit Owners. All books and records shall be kept in accordance with good accounting practices. 13. Borrow money on behalf of the COA when required in connection with any one instance relating to the operation, care, upkeep and maintenance of the COA; provided, however, that the consent of at least two-thirds of the votes of Unit Owners, obtained at a meeting duly called and held for such purpose in accordance with the provisions of these Bylaws, shall be required to borrow any sum which would cause the total debt of the COA to exceed Five Thousand Dollars ($5,000). 14. Acquire, hold and dispose of Units and mortgage the same if such expenditures and hypothecations are included in the budget adopted by the COA. 15. Do such other things and acts not inconsistent with the Act, the Declaration or these Bylaws which the Board of Directors may be authorized to do by a resolution of the COA. C. Managing Agent. The Board of Directors may employ for the Condominium a "Managing Agent" at a compensation to be established by the Board of Directors, provided such compensation be in an amount and on terms as would be negotiated between unrelated third parties for similar projects. Any contract established by the Declarant with a "Managing Agent" or similar agreement may be terminated at the option of the Board of Directors after the Declarant surrenders control of the Association on not more than ninety (90) days' notice. D. Election and Term of Office. At each annual meeting of the Association, after transfer of control of the Association by the Declarant, the Association shall elect the Directors to serve for the next term. The term of office for Directors shall be for one (1) year unless other terms are established by the Association at any annual meeting. The members of the Board of Directors shall hold office until their respective successors shall be elected by the COA. E. Removal or Resignation of Members of the Board of Directors. At any regular or special meeting of the Unit Owners duly called, any one or more of the members of the Board of Directors may be removed with or without cause by a majority of the Unit Owners, and a successor may then and there be elected to fill the vacancy thus created. Any Director whose BYLAWS OF THE CEDAR RIDGE ASSOCIATION Pagc 5 removal has been proposed by the Unit Owners shall be given at least seven (7) days' notice of the time, place and purpose of the meeting and shall be given an opportunity to be heard at the meeting. A member of the Board of Directors may resign at any time and shall be deemed to have resigned upon disposition of his/her Unit. F. Vacancies. Vacancies in the Board of Directors (caused by any reason other than the removal of a director by a vote of the COA) shall be filled by a vote of a majority of the remaining Directors at a regular, or if necessary, a special, meeting of the Board of Directors held for such purpose promptly after the occurrence of any such vacancy, even though the Directors present at such meeting may constitute less than a quorum. Each person so elected shall be a member of the Board of Directors for the remainder of the term of the member being replaced and until a successor shall be elected at the next annual meeting of the COA. G. Organization Meeting. The first meeting of the Board of Directors shall be held at such time and place as shall be fixed by the Declarant. H. Regular Meetings. Regular meetings of the Board of Directors may be held at such time and place as shall be determined from time to time by a majority of the Directors, but such a meeting shall be held at least following each meeting of the Association without notice. Notice of regular meetings of the Board of Directors shall be given to each Director, in the manner as from time to time determined by the Board of Directors. I. Special Meetings. Special meetings of the Board of Directors may be called by the President on three (3) days' written notice to each Director, given by mail, telegraph, facsimile, or hand delivery, which notice shall state the time, place and purpose of the meeting. Special meetings of the Board of Directors shall be called by the President or Secretary in like manner and on like notice on the written request of any Director. J. Waiver of Notice. Any Director may at any time, in writing, waive notice of any meeting of the Board of Directors, and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Director at any meeting of the Board of Directors shall constitute a waiver of notice by him of the time, place and purpose of such meeting. If all Directors are present at any meeting of the Board of Directors, no notice shall be required and any business may be transacted at such meeting. K. Quorum. At all meetings of the Board of Directors a majority of the Directors shall constitute a quorum for the transaction of business, and the votes of a majority of the Directors present at a meeting at which a quorum is present shall constitute the decision of the Board of Directors. L. Compensation. No Director shall receive any compensation from the COA for acting as such. M. Telephone Meetings. Members of the Board of Directors may participate in a meeting of the Board of Directors by means of a conference telephone or similar communications equipment by means of which all persons participating in the meeting hear each other and participation in a meeting in such manner shall constitute presence in person at such meeting. BYLAWS OF THE CEDAR RIDGE ASSOCIATION Page 6 N. Action Without Meeting. Any action by the Board of Directors required or permitted to be taken at any meeting may be taken without a meeting if all of the members of the Board of Directors shall individually or collectively consent in writing to such action. Any such written consent shall be filed with the minutes of the proceedings of the Board of Directors. O. Liability of the Board of Directors, Officers, Unit Owners, and Association. 1. The officers and members of the Board of Directors shall not be liable to the COA for any mistake of judgment, negligence or otherwise, except for their own individual willful misconduct or bad faith. The COA shall indemnify and hold harmless each of the officers and Directors from and against all contractual liability to others arising out of contracts made by the officers or the Board of Directors on behalf of the COA unless any such contract shall have been made in bad faith or contrary to the provisions of the Act, the Declaration or these Bylaws. Every agreement made by the officers, the Board of Directors, or the Managing Agent on behalf of the Association shall, if reasonably possible, provide that the officers, the Members of the Board of Directors, or the Managing Agent, as the case may be, are acting only as agents for the Association and shall have no personal liability thereunder (except as Unit Owners) and that each Unit Owner's liability thereunder shall be limited to the total liability thereunder multiplied by his/her Percentage Interest. 2. Neither the COA nor the Board of Directors shall be liable for any failure of utility or other services to be obtained by the COA or paid for as a Common Expense, or for injury or damage to person, or property caused by the elements or by any Unit Owner or any other person or resulting from electricity, water, snow, or ice which may leak or flow from any portion of the Common Elements, or from any pipe, drain, conduit, appliance, or equipment. The COA shall not be liable to any Unit Owner for loss or damage, by theft, or otherwise, of articles which may be stored upon any of the Common Elements. No diminution or abatement of any assessments, as herein elsewhere provided, shall be claimed or allowed for inconvenience or discomfort arising from the making of repairs or improvements to the Common Elements or from any action taken by the COA to comply with any law, ordinance or with the order or directive of any municipal or other governmental authority. ARTICLE IV: OFFICERS A. Designation. The principal officers of the COA shall be the President, the Vice President, the Secretary and the Treasurer, all of whom shall be elected by the Board of Directors. The Board of Directors may appoint an assistant treasurer, an assistant secretary, and such other officers as in its judgment may be necessary. The President shall be a member of the Board of Directors. All other officers shall be Unit Owners, or designees of Unit Owners which are other entities as set forth in Paragraph A of Article III. Not more than one Owner of each Unit may be an officer at one time. A person who is a member of the Board of Directors may be an officer. B. Election of Officers. The officers of the COA shall be elected annually by the Board of Directors at the organization meeting of each new Board of Directors and shall hold office at the pleasure of the Board of Directors. C. Removal of Officers. Upon the affirmative vote of a majority of all members BYLAWS OF THE CEDAR RIDGE ASSOCIATION Page 7 of the Board of Directors, any officer may be removed, either with or without cause, and a successor may be elected at any regular meeting of the Board of Directors or at any special meeting of the Board of Directors called for such purpose. D. President. The President shall be the chief executive officer of the COA, preside at all meetings of the COA and of the Board of Directors, and have all of the general powers and duties which are incident to the office of president generally including, without limitation, the power to appoint committees from among the Unit Owners from time to time as the President may in his discretion decide is appropriate to assist in the conduct of the affairs of the COA. E. Vice President. The Vice President shall take the place of the President and perform the duties of the President whenever the President shall be absent or unable to act. If neither the President nor the Vice President is able to act, the Board of Directors shall appoint some other member of the Board of Directors to act in the place of the President, on an interim basis. The Vice President shall also perform such other duties as shall from time to time be imposed upon him by the Board of Directors or by the President. F. Secretary. The Secretary shall keep the minutes of all meetings of the COA and of the Board of Directors; have charge of such books and papers as the Board of Directors may direct; maintain a register setting forth the place to which all notices to Unit Owners and others shall be delivered; and, in general, perform all the duties incident to the office of secretary. G. Treasurer. The Treasurer shall have the responsibility for COA funds and securities and shall be responsible for keeping full and accurate financial records and books of account showing all receipts and disbursements, and for the preparation of all required financial data; make disbursements on behalf of the COA upon consent of the Board of Directors except as provided in paragraph H below; and be responsible for the deposit of all monies and other valuable effects in the name of the Board of Directors, the COA or the Managing Agent, in such depositories as may from time to time be designated by the Board of Directors; and, in general, perform all the duties incident to the office of treasurer. H. Execution of Documents. All agreements, contracts, deeds, leases, checks and other instruments of the COA for expenditures or obligations in excess of Five Hundred Dollars ($500), and all checks drawn upon reserve accounts shall be executed by any two (2) persons designated by the Board of Directors. All such instruments for expenditures or obligations of Five Hundred Dollars ($500) or less, except from reserve accounts, may be executed by the Treasurer or any one person designated by the Board of Directors. I. Compensation of Officers. No officer who is also a Director shall receive any compensation from the COA for acting as such officer. J. Board of Directors. The Treasurer, and such other officers as the Board of Directors deem necessary, shall furnish bonds for the faithful performance of their duties, in such a manner and with such sureties, as may be fixed and required by the Board of Directors. BYLAWS OF THE CEDAR RIDGE ASSOCIATION Page 8 ARTICLE V: OPERATION OF CONDOMINIUM A. Determination of Common Expenses and Assessments Against Unit Owners. 1. Fiscal Year. The fiscal year of the COA shall be the calendar year unless otherwise determined by the Board of Directors. 2. Preparation and Approval of Budget. (a) On or before forty-five (45) days preceding the end of the fiscal year, the Board of Directors shall adopt a budget for the COA containing an estimate of the total amount considered necessary to pay the cost of maintenance, management, operation, repair and replacement of the Common Elements and those parts of the Units and other properties as to which it is the responsibility of the Board of Directors to maintain, repair and replace, and the cost of wages, materials, insurance premiums, services, supplies and other expenses that may be declared to be Common Expenses by the Act, the Declaration, the Bylaws, or a resolution of the COA and which will be required during the ensuing fiscal year for the administration, operation, maintenance and repair of the Property and the rendering to the Unit Owners of all related services. (b) Such budget shall also include such reasonable amounts as the Board of Directors considers necessary to provide working capital, a general operating reserve, and reserves for contingencies and replacements. The Board of Directors shall send to each Unit Owner prior to the end of the fiscal year, a copy of the budget for the next fiscal year in a reasonable itemized form which sets forth the amount of the Common Expenses and any special assessments payable by each Unit Owner. Such budget shall constitute the basis for determining each Unit Owner's assessment for the Common Expenses of the COA. 3. Assessment of Common Expenses. The total amount of the estimated funds required from assessments for the operation of the Condominium set forth in the budget adopted by the Board of Directors shall be assessed against each Unit Owner in proportion to the respective Percentage Interest of each Unit. The assessment against each Unit shall begin at the date of closing of title from Declarant to the initial Unit Owner or rental to the initial lessee. 4. Excess Funds. Any funds collected during any fiscal year in excess of actual expenditures for that fiscal year shall be either applied to succeeding years' expenses or refunded, pro rata, to the Unit Owners. 5. Reserves. The Board of Directors shall include in the budget and build up and maintain reasonable reserves for working capital, operations, contingencies and replacements as necessary to meet secondary mortgage market requirements. The proportionate interest of any Owner in any replacement reserve shall be appurtenant to the Unit and shall not be separately withdrawn, assigned or transferred. If the reserve is inadequate for any reason, the Board may levy a further assessment, payable as the Board determines necessary at any time without submitting the action for approval by the Owners. The Board will specifically earmark such capital reserve fund for stated capital purposes and keep special assessments in a separate bank account. The Board shall keep documentation of and treat all such funds as capital items on the Association books. BYLAWS OF THE CEDAR RIDGE ASSOCIATION Page 9 6. Working Capital Fund. The Board shall establish a working capital fund which shall be used for the start-up costs of the Condominium, including the purchase of cleaning and maintenance equipment, furniture and fixtures beyond that supplied by the Declarant and any initial insurance fees. Additionally, start-up costs shall include extraordinary expenditures, temporary operating deficits due to seasonal fluctuations, etc. 7. Effect of Failure to Prepare or Adopt Budget. The failure or delay of the Board of Directors to prepare or adopt a budget for any fiscal year shall not constitute a waiver or release in any manner of a Unit Owner's obligation to pay his allocable share of the Common Expenses as herein provided whenever the same shall be determined and, in the absence of any annual budget or adjusted budget, each Unit Owner shall continue to pay each monthly installment at the monthly rate established for the previous fiscal year until notice of the monthly payment which is due more than ten (10) days after such new annual or adjusted budget shall have been delivered. 8. Audited Statement and Availability of Proiect Documents. Upon the receipt of a written request by the COA from an Institutional Mortgagee, the COA shall provide such Institutional Mortgagee with an audited statement of the previous five (5) years, all project related documents, including the Declaration, Bylaws, Rules and Regulations, books, records, and financial statements, shall be available for inspection during regular business hours at the COA's office and upon request of any Unit Owner or Institutional Mortgagee. B. Payment of Common Expenses. No Unit Owner may exempt himself/herself from liability for his/her contribution toward Common Expenses by waiver of the use or enjoyment of any of the Common Elements or by abandonment of his/her Unit. All accounts not paid when due, including interest and costs, and reasonable attorneys' fees, shall be a lien against the Unit Estates. Prior to or at the time of any conveyance of a Unit by a Unit Owner, all liens, unpaid charges and assessments shall be paid in full and discharged. Any such purchaser shall be entitled to a statement setting forth the amount of the unpaid assessments against the selling Unit Owner within five (5) days following a written request therefor to the Board of Directors or Managing Agent, and such purchaser shall not be personally liable for any unpaid assessments of previous Owners of his/her Unit; provided, however, that each mortgagee who comes into possession of a Unit by virtue of foreclosure (or by deed or assignment in lieu of foreclosure) and any purchaser at a foreclosure sale, shall take the Unit free from any claims for unpaid assessments or charges against such Unit which become due or accrue prior to acquisition of title to such Unit by such mortgagee or purchaser. C. Declarant's Responsibility. For so long as the Declarant retains control of the COA as provided in the Declaration, he shall pay and be responsible for any debt lawfully incurred by the COA which the COA shall fail to pay. D. Collection of Assessments. The Board of Directors, or the Managing Agent at the request of the Board of Directors, shall take prompt action to collect any assessments for Common Expenses due from any Unit Owner which remain unpaid for more than thirty (30) days from the due date for payment thereof. Any assessment, or installment thereof, not paid within five (5) days after due shall accrue a late charge in such reasonable amount as a percentage of the overdue assessment or installment as the Board of Directors shall establish from time to time. Any BYLAWS OF THE CEDAR RIDGE ASSOCIATION Page 10 Unit Owner who fails to make such payment within such period shall also be assessed the costs incurred by the Association to collect such unpaid assessments. All such assessments for Common Expenses, including interest, penalties, attorneys' fees, and costs shall become on the date such assessments are due, liens against the Unit Estates so assessed, and shall also be the personal obligations of the respective Unit Owners at the time the assessments become due. E. Statements. 1. Statement of Common Expenses. The Board of Directors shall promptly provide any Unit Owner, contract purchaser or mortgagee so requesting the same in writing with a written statement of all unpaid assessments for Common Expenses due from the Unit Owner. The Board of Directors shall not impose a charge for the preparation of such statement. 2. Statement of Default. The Board of Directors shall promptly notify any mortgagee of any Unit, upon request, of any default in the performance by the Unit Owner of any obligation pursuant to the Declaration, the Bylaws and the Rules and Regulations, which is not cured within sixty (60) days of notice to each Unit Owner of such default. F. Insurance. 1. Board to Maintain Policies for Project. The Board of Directors shall obtain and maintain, with premiums being paid as a Common Expense, and to the extent available, master policies of insurance, as specified, naming the Association as insured (for the use and benefit of the Unit Owners and mortgagees) as their respective interests may appear: (a) Casualty or physical damage insurance on the Common Elements and all other insurable improvements forming part of the Common Elements, including fixtures, Buildings, sewer, equipment, common personal property and supplies, not to include Units or the fixtures, equipment, and other personal property within the Units, or any service machinery, apparatus, equipment and installations located in the Units, unless existing for the provision of central services or for common use, without the consent of the Association, in an amount not less than 100 percent of their current replacement value as determined by the Board of Directors annually in its judgment. Certificates of such insurance and all renewals thereof, together with proof of payment of premiums, shall be delivered by the Directors to all Unit Owners and their First Mortgagees upon request; (b) Comprehensive public liability insurance and property damage insurance in such amounts and forms as shall be determined by the Directors, covering the Association, the Directors, the officers, all of the Unit Owners,. and any Managing Agent of the Property. Said public liability insurance policies must cover the entire project, including all Common Areas, public ways, and any other areas that are under the supervision of the COA and result from the operation, maintenance, or use of the project's Common Area and facilities. Such policy shall include a "severability of interests" provision in its terms, or have a specific endorsement to preclude the insurer's denial of the Unit Owner's claim because of negligent acts of the COA or of other Unit Owners. Such policy shall provide for at least ten (10) days' written notice by the insurer to the COA and to each holder of a first mortgage on an individual Unit before the insurer can cancel or substantially modify the policy. BYLAWS OF THE CEDAR RIDGE ASSOCIATION Page 11 (c) Worker's compensation and employer's liability insurance covering any employees of the COA; (d) Errors, omissions, and fidelity insurance for the Directors, officers, and managing agent; (e) Fidelity coverage to protect against dishonest acts on the part of officers, Directors, trustees, and employees of the COA, including but not limited to employees of the Managing Agent. The premiums shall be paid by the COA and: (f) A Standard Mortgage Clause must be included in the policy which names as an additional insured mortgagee either F.N.M.A. or the servicers for the mortgages which F.N.M.A. holds on Units in the Project. When a servicer is named as mortgagee, the policy shall also designate as the payee, "the mortgagee, its successors and assigns"; (g) Such other policies of insurance as required by Institutional Mortgagees or other similar institutions; (h) Such other insurance as the Directors shall determine to be appropriate and such other insurance as may from time to time be required by law; 0) If a part of the Condominium's improvements are in a Special Flood Hazard Area, which is designated as A, AE, AH, AO, Al-30, A-99, V, VE, V1-30, on a Flood Insurance Rate Map (FIRM), the COA must maintain a (master) (or blanket) policy of flood insurance and provide for the premiums to be paid as a common expense. The policy should cover Common Area Buildings and any other Common Property. The amount of flood insurance should be at least equal to the lesser of 100 percent of the insurable value of the facilities with the maximum coverage available under the appropriate National Flood Insurance Administration Program. Contents coverage must include 100 percent of the insurable value of all contents, including any machinery and equipment that are not part of any Building, but which are owned in common by the Association members. If the required coverage exceeds the maximum which is available under the National Flood Insurance Administrative Program, the coverage should be the maximum that is available under that program. Unless a higher deductible amount is required by state law, the maximum deductible amount for a flood insurance policy is the lesser of $5,000 or one percent (1%) of the policy's face amount. Funds to cover this deductible amount should be included in the COA operating reserve account. 2. Limitations. To the extent they are reasonably available and obtainable, any insurance or fidelity bond obtained shall meet .the following requirements: (a) All policies shall be written with a company licensed to do business in Vermont. The hazard insurance policies described above must be written by an insurance company that meets the following requirements for the Best rating, or is covered by reinsurance with a company that does meet the said rating requirements, or is Lloyd's of London, even though it does not have a Best rating: a B general policy holder's rating and a III financial -size category, or as an alternative, an A general policy holder's rating, if the carrier is issuing an insurance policy for a P.U.D.'s common areas or for a P.U.D. or a condominium project's master (or blanket) policy. BYLAWS OF THE CEDAR RIDGE ASSOCIATION Page 12 (b) Exclusive authority to negotiate losses under said policies shall be vested in the Board or its insurance trustee. All proceeds shall be payable to the COA or its trustee and shall be held for the use and benefit of the COA, the Unit Owners, and their respective mortgagees. Such insurance proceeds shall be applied and distributed in accordance with Article VII, Section B, of the Declaration and these Bylaws; (c) In no event shall the insurance coverage obtained and maintained be brought into contribution with insurance issued in the name of any individual Unit Owner by the Owner or the Owner's mortgagee; (d) All policies and fidelity bonds shall provide that such policies or bonds may not be cancelled or substantially modified (including cancellation for non-payment of premium) without at least thirty (30) days' prior notice to any and all insureds named thereon, including any and all mortgagees; (e) All policies of property insurance shall provide that, notwithstanding any provisions thereof which give the carrier the right to elect to restore damage in lieu of making a cash settlement, such option shall not be exercisable without prior written approval of the COA or its insurance trustee or when in conflict with the provisions of any insurance trust agreement to which the COA may be a party, or any requirement of any statute, Declaration or Bylaw; (f) All policies shall contain a waiver of subrogation by the insurer as to any and all claims against the COA, the Board, their agents and employees, Unit Owners, agents, tenants and a waiver of any defenses based upon co-insurance or upon invalidity arising from acts of the insured. Independent contractors shall not be considered agents, employees or servants of the Board or of the Unit Owners within the meaning of the waiver; (g) All policies shall contain a provision that the insurance shall not be prejudiced: (i) by any act or neglect of any occupants of the Property when such act or neglect is not within the control of the Unit Owners collectively; (ii) by failure of Unit Owners collectively to comply with any warranty condition with regard to any portion of the Property over which the Unit Owners collectively have no control. 3. Payment of Insurance Deductible. In the event of damage to any Unit which is covered by the master insurance policy, the COA will be responsible for payment of deductible amounts under the policy, and funds to cover these deductible amounts should be included in the COA operating reserve account, except where: (a) the damage to such Unit was caused by the Unit Owner's negligence; (b) the damage to such Unit, absent the coverage by the master policy, would have been the maintenance responsibility of the Unit Owner. BYLAWS OF THE CEDAR RIDGE ASSOCIATION Page 13 4. Separate Insurance. Each Unit Owner may obtain, at his or her own expense, insurance for his or her own Unit and the contents therein for his or her own benefit and for his or her personal liability. All Unit Owners must also obtain insurance upon any improvements made by them to their Units under coverage normally called "improvements and betterments coverage"; provided, however, that no Unit Owner shall be entitled to exercise this right to acquire or maintain such insurance coverage so as to decrease the amount which the Board of Directors, on behalf of all Unit Owners, may realize under any insurance policy maintained by the Board or to cause any insurance coverage maintained by the Board to be brought into contribution with insurance coverage obtained by Unit Owners. All such policies shall contain waivers of subrogation, if available. No Unit Owner shall obtain separate insurance policies on the Condominium except as provided in this Section. G. Lien for Assessments. The total annual assessment of each Unit Owner for Common Expenses and any special assessment or any other sum duly levied, is hereby declared to be a lien levied against the Unit of such Unit Owner as provided in Section 1323 of the Act. H. Maintenance, Repair, Replacement. 1. By The Board of Directors. The Board of Directors shall be responsible for the maintenance, repair and replacement (unless, if in the opinion of not less than a majority of the Board of Directors such expense was necessitated by the negligence, misuse or neglect of a Unit Owner) of all of the Common Elements (including the Limited Common Elements), the cost of which shall be charged to all Unit Owners as a Common Expense, and for the COA's share of the maintenance, repair and replacement of appurtenances and rights which service the Condominium; provided that each Unit Owner shall perform normal maintenance on the Limited Common Elements appurtenant to his or her Unit. 2. By Unit Owners. Each Unit Owner shall keep his or her Unit and its equipment, appliances and appurtenances, and keep the Limited Common Elements appurtenant to the Unit in good order, condition, and repair and in a clean and sanitary condition, and shall do all interior and exterior maintenance, including redecorating, painting and varnishing which may at any time be necessary to maintain the good appearance and condition of his or her Unit. In addition, each Unit Owner shall be responsible for all damage to any other Units or to the Common Elements resulting from his or her failure to make any of the repairs required by this Section. Each Unit Owner shall perform his or her responsibility in such manner as shall not unreasonably disturb or interfere with the other Unit Owners. The Board of Directors and its representatives are authorized by each Unit Owner to enter any Unit at reasonable times in order to accomplish emergency repairs. 3. Manner of Repair and Replacement. All repairs and replacements shall be substantially similar to the original construction and installation and shall be of first-class quality. The method of approving payment vouchers for all repairs and replacements shall be determined by the Board of Directors. I. Disclaimer of Liability for Security. Neither the Association nor the Declarant shall be held liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of security measures undertaken. All Owners, tenants, guests, and invitees of any BYLAWS OF THE CEDAR RIDGE ASSOCIATION Page 14 Owner, as applicable, acknowledge that the Declarant and the Association are not insurers and that each Owner, tenant, guest, and invitee assumes all risk of loss or damage to person, to Units, and to the contents of Units, and further acknowledge that neither the Declarant nor the Association has made any representation or warranty, nor has any Owner, tenant, guest, or invitee relied upon any representation or warranty, express or implied, including any warranty of merchantability or fitness for any particular purpose relative to any security measures recommended or undertaken. J. Disclaimer of Representations of Rentability. All Unit Owners acknowledge that neither the Declarant nor the COA have made any representations, and Declarant and the COA disclaim any representations made by anyone claiming to act as Declarant's authorized agent, as to the feasibility of renting the Unit or appurtenances thereto or otherwise generating income or deriving any other economic benefit or tax benefits from ownership of the Unit or appurtenances thereto. K. Restrictions on Use of Units: Rules and Regulations. 1. Use. Each Unit and the Common Elements shall be occupied and used as follows: (a) No Unit shall be used for other than housing and the related common purposes for which the Property was designed, including traditional home occupations permitted by the Town Zoning Ordinance. Nothing in these Bylaws shall be construed to prohibit the Declarant from using any Unit owned by the Declarant for promotion, marketing or display purposes, or from using any appropriate portion of the Common Elements for settlement of sales or rentals of Units. Units may be occupied only in accordance with the use restrictions set forth in the Declaration. (b) Nothing shall be done or kept in any Unit or in the Common Elements which will increase the rate of insurance for the Condominium or any part thereof applicable for residential use. No Unit Owner shall permit anything to be done or kept in his Unit or in the Common Elements which will result in the cancellation of insurance on the Condominium or any part thereof or which would be in violation of any law, regulation or administrative ruling. No waste shall be committed in the Common Elements. (c) No immoral, improper, offensive or unlawful use shall be made of the Condominium or any part thereof, and all valid laws, zoning ordinances and regulations of all governmental agencies having jurisdiction thereof shall be observed. All laws, orders, rules, regulations or requirements of any governmental agency having jurisdiction thereof relating to any portion of the Condominium shall be complied with, by and at the sole expense of the Unit Owner or the Board of Directors, whichever shall have the obligation to maintain or repair such portion of the Condominium, and if the latter, then the cost of such compliance shall be a Common Expense. (d) Except as otherwise specifically set forth herein with respect to the use of the Limited Common Elements, no Unit Owner shall obstruct any of the Common Elements nor shall any Unit Owner store anything upon any of the Common Elements (except in those areas designated for such storage by the Board of Directors) without the approval of the Board of Directors. Except as otherwise specifically set forth herein with respect to the use of the Limited BYLAWS OF THE CEDAR RIDGE ASSOCIATION Page 15 Common Elements, nothing shall be altered or constructed in or removed from the Common Elements except upon the prior written consent of the Board of Directors. (e) No Unit Owner or occupant shall park a trailer, camper, recreational vehicle, boat, truck (other than pick-up trucks), van, snowmobile, motorcycle or other vehicle on any portion of the Property, including garages, as garages are for the parking of motor vehicles only. No Unit Owner or occupant shall park a motor vehicle on any portion of the Property other than in the Unit's garage or the parking space which is adjacent to the Unit or in a space or area previously designated therefor by the Board of Directors. Vehicular parking for guests and invitees upon the Common Elements may be regulated by the Board of Directors. No junk or derelict vehicle or other vehicle on which current registration plates are not displayed shall be kept upon any of the Common Elements. (f) Except for such signs as may be posted by the Declarant for identification of the Buildings and Units and for promotional or marketing purposes, no signs of any character shall be erected, posted or displayed upon, in, from or about any Unit or Common Elements by any Unit Owner without the prior written approval of the Board of Directors. ARTICLE VI: MISCELLANEOUS A. Amendments. These Bylaws may be amended as provided in the Declaration. B. Notices. All notices, demands, bills, statements or other communications shall be in writing and shall be deemed to have been duly given if delivered personally or if sent postage prepaid (i) if to a Unit Owner, at the address which the Unit Owner shall designate in writing and file with the Secretary or, if no such address is designated, at the address of the Unit of such Unit Owner; or (ii) if to the COA or the Board of Directors, to the principal office of the COA or at such other address as shall be designated in writing to the Unit Owners pursuant to this paragraph. C. Captions. The captions herein are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of these Bylaws or the intent of any provisions thereof. D. Gender. The use of the masculine gender in these Bylaws shall be deemed to include the feminine and neuter genders and the use of the singular shall be deemed to include the plural, and vice versa, whenever the context so requires. IN WITNESS WHEREOF, the Declarant has caused these Bylaws to be executed and attested, this day of , 1996. WITNESSES: CEDAR RIDGE ASSOCIATION Randall G. Munson Its duly authorized agent BYLAWS OF THE CEDAR RIDGE ASSOCIATION Page 16 STATE OF VERMONT ) CHITTENDEN COUNTY ) BEFORE ME, the undersigned authority, personally appeared Randall G. Munson, duly authorized agent of the CEDAR RIDGE ASSOCIATION, to me known, and he acknowledged the foregoing instrument, by him signed and sealed, to be his free act and deed and the free act and deed of the CEDAR RIDGE ASSOCIATION. DATED in the State and County aforementioned this day of 1996. NOTARY PUBLIC My commission expires 2/10/99 BYLAWS OF THE CEDAR RIDGE AssocIATION Page 17 CEDAR RIDGE TOWNHOMES ACT 250 APPLICATION EXHIBIT 4 South Burlington Final Plat Approval Findings of Fact Decisions Cedar Ridge Townhomes Act 250 Application Exhibit #4 FINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of South Burlington Realty Company for construction of a planned residential development consisting of 92 multi -family units in 23 buildings on 27.76 acres of land, 201 Patchen Road. On the 16th day of April, 1996, the South Burlington Planning Commission approved the request of South Burlington Realty Company for final plat approval under Section 204 of the South Burlington Subdivision Regualtions based on the following findings: 1. This project consists of the construction of 92 multi -family units in 23 buildings on 27.76 acres. The preliminary plat approved on 12/12/95 was for 100 units in 25 buildings. 2. This property located at 201 Patchen Road lies within the R4 and C.O. Districts. It is bounded on the south by a single family residence and the Summer Woods residential development, on the north by the Patchen Place residential development and a cemetery, on the west by undeveloped property and on the east by single family residences and Patchen Road. 3. Access: Access will be via a new 30 foot paved street off Patchen Road and a connection to Arbor Road. The portion of the street from Patchen Road to and including the Arbor Road connection will be constructed to City standards and will become a City street. The portion of the road which lies westerly of the intersection with Arbor Road is a "loop road" cul-de-sac and will remain a private street. The cul-de-sac portion provides access to 80 units which is 30 units more than permitted under Section 401.1(g) of the subdivision regulations. The applicant is proposing a median for the first 100 feet of the private street as a safety measure since this is the only portion of the street that will have only one (1) access. This concept was approved by the Commission for the residential portion of the L&M Park project on Shelburne Road. 4. Coverage/setbacks: Building coverage is 9.0% (maximum allowed is 20%). Overall coverage is 17.21% (maximum allowed is 40%). Buildings #1,2 and 3 do not meet the 30 foot front yard setback from the proposed street r.o.w. The Commission modified the front yard setback for these buildings at preliminary plat. 5. Density: Staff determined that 76 units is the base maximum density as calculated under Section 26.152(a) of the zoning 1 regulations. The proposal is for 92 units which is 16 units or 21% more than the base maximum. Section 26.152(b) of the zoning regulations allows the Planning Commission to permit density increases up to the normal maximum per district according to the degree to which the development satisfies the general standards listed in Section 26.151 and the specific standards for a PUD or PRD in a given district. The normal maximum for this project is 111 units (i.e., 27.76 acres x 4 units/acre = 111 units). The applicant submitted a report addressing the criteria in 26.151. It was staff's opinion that the project as designed promotes the P.U.D. criteria to a high degree. The Commission approved 100 units as part of preliminary plat approval. 6. Wetlands: A significant portion of the site is wetland and wetland buffer area. These areas constitute the C.O. District on the property. The only encroachment shown on the preliminary plat was some cutting at the rear of building #5. This encroachment was approved by the Planning Commission as part of preliminary plat approval. The final plat plan proposes additional encroachment into the C.O. District behind buildings #1, 2, 8 and 9 in the form of cutting. This encroachment is permitted by the Planning Commission if the encroachment will not significantly adversely affect the attributes provided in Section 3.503 (a) - (e) of the zoning regulations. 7. Sewer: The sewer allocation requested is 35,225 gpd. The applicant was made aware that the policy of the Commission has been to grant allocation for a 10 year period. Any portion of the project not developed within this time period would require reapproval for sewer allocation. 8. Traffic: The applicant submitted a traffic impact analysis which concludes that this project will have a negligible impact at the study intersections except for the White Street/Patchen Road intersection. The study recommended that the LOS be checked at the White Street/Patchen Road intersection and this was made a condition of preliminary plat approval. The applicant submitted this study which indicates a LOS of "B" for the Patchen Road/White Street intersection, both before and after the addition of the project traffic. 9. Pedestrian path: A pedestrian path is proposed which would connect this property with the Summer Woods project on the south and with the Patchen Place project to the north. The Recreation Path Committee reviewgd these plans and submitted comments. The final plat shows the pedestrian trail within a 20 foot wide easement. A note has been added that the final location of the easement will be determined in the future when the trail is constructed. This trail connects with the existing trail on the Summer Woods property and a pedestrian trail connection to the Lamplough property. Legal documents will need to be recorded prior to issuance of a permit. 0J 10. Parking: This project requires 207 parking spaces and 215 spaces and two (2) bike racks are being provided. Section 26.253(c) of the zoning regulations requires that parking or storage of recreational vehicles be provided. The applicant indicated that the Homeowners Association documents will prohibit the on -site storage and parking of these vehicles. As has been done in the past, the Homeowners Association documents should include a provision that prohibits garages from being converted to living space. These should be reviewed by the City Attorney prior to recording. 11. Landscaping: The minimum landscaping requirement, based on building costs, is $46,140 which is being met. Plantings will include Sugar Maple, Serviceberry, Burning Bush, Crabapple, Mugo Pine, Yew, Arborvitae and Viburnum. The street trees have an estimated value of $17,415. The combined landscaping value for site and street trees is $63,555. Staff recommends that the street trees along the north side of the new City street be relocated further from the sidewalk because the type of tree proposed has a tendency to heave sidewalks. 12. Building height: The applicant submitted a typical building elevation for the "worst case" situation which indicates that the maximum building height will be 31.5' above average pre - construction grade. The maximum height allowed is 40 feet. The applicant should submit, prior to permit issuance for each building, a building elevation which includes the pre-existing grade, the proposed grade and the proposed building height. 13. Sidewalk: Sidewalks will be provided along the proposed streets (public and private) and along the property's frontage with Patchen Road. The sidewalk along the proposed City street will be placed one (1) foot from the r.o.w. line as required under Exhibit A-1 of the subdivision regulations. The final plat plan is in conformance with a preliminary plat condition that in lieu of the applicant constructing 283 feet of sidewalk along the property's frontage with Patchen Road (between #223 Patchen Road and the cemetery) that 283 feet of sidewalk be constructed along the front of #209, 211, 215 and 219 Patchen Road. 14. Lighting: Exterior lighting will consist of the following: --- one (1) 60 watt incandescent lamp with lantern style fixture located on each porch. --- three (3) streetflights (two (2) in the City street and one (1) in the private street). 15. Size of Dwelling Units: The size of the dwelling units will be 1090 square feet, 1140 square feet and 1300 square feet. This is in compliance with Section 25.114 of the zoning regulations which requires a minimum of 425 square feet per unit for a multi- family structure. 3 16. Mailbi outside of approval. maintaining �x cluster: The mailbox cluster has been relocated the City r.o.w. as stipulated under preliminary plat Homeowner's Association will be responsible for the mailbox cluster. 17. Legal documents: The applicant should submit for review and approval by the City Attorney all appropriate legal documents including easements (e.g., irrevocable offer of dedication and warranty deed for proposed public road, and pedestrian trail easement). --- no dumpsters will be used --- the lot for the mailbox cluster and the lot which will be developed with buildings should each be numbered and acreage for each lot indicated on the plat. --- the plat should be revised to include a note which clearly indicates that the mailbox cluster lot and the lot to be developed are to be treated as one (1) lot and that the mailbox cluster lot can not be sold off for development. --- correct the spelling of Queensbury Road on all plans. DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Planning Commission approves the final plat application of South Burlington Realty Company for construction of a planned residential development consisting of 92 multi -family units in 23 buildings on 27.76 acres of land, 201 Patchen Road, as depicted on a 13 page set of plans, page 1 entitled "Centennial Heights, Patchen Rd., So. Burlington, VT, Subdivision Plat," prepared by Trudell Consulting Engineers, dated 1/25/96, subject to the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. Prior to issuance of a zoning permit for the first building or start of utility or road construction, all appropriate legal documents including easements (e.g., irrevocable offer of dedication and warranty deed for the proposed public road, and utility, sewer, drainage, water and pedestrian path, etc.) shall be submitted to the City Attorney for approval and recorded in the South Burlington land records. 3. Prior to start of construction of the improvements described in condition #2 above, the applicant shall post a bond which covers the cost of said improvements. 4. In accordance with Section 301.5 of the subdivision n regulations, within 14 days of completion of required improvements (e.g., roads, water mains, sanitary sewers, storm drains, etc.) the developer shall submit to the City Engineer, "as -built" construction drawings certified by a registered engineer. 5. The final plat plans shall be revised to show the changes listed below and shall require approval of the City Planner. Three (3) copies of the approved revised plat shall be submitted to the City Planner prior to recording. a) The subdivision plat and sheet SP1 shall be revised to show the pedestrian easement/trail connecting with the existing pedestrian easement on the adjoining Patchen Place property. b) Sheet SP2 shall be revised to show the street trees along the north side of the new City street relocated further from the sidewalk to ensure that these trees will not heave the sidewalk. c) The subdivision plat shall be revised to include lot numbers and acreages for the mailbox cluster lot and the lot to be developed with dwelling units. d) The subdivision plat shall be revised to include a note which clearly indicates that the mailbox cluster lot can not be sold off for development. e) All appropriate plans shall be revised to correct the spelling of Queensbury Road. f) Sheets SP1, SP2 and SP3 shall be revised to provide a five ( 5 ) foot grassed strip between the sidewalk and curb along the extension to Arbor Road unless otherwise approved by the City Engineer. g) The plans shall clearly indicate that the width of the private road shall be 24 feet. h) The median shall be moved out of the proposed city right- of-way. i) The plan shall be revised to allow adequate space for U- turns around the median. f j) More landscaping shall be added along the southern property line behind buildings 18-20. 6. The Planning Commission approves a sewer allocation of 35,225 g.p.d. The sewer allocation approval shall remain in effect for ten ( 10 ) years from the date of final plat approval. Any buildings which have not been constructed within 10 years shall lose their 5 allocation unless reapproved by the Planning Commission. The applicant shall be required to pay the per gallon fee prior to permit issuance. 7. Pursuant to Section 9.404 of the zoning regulations, the Planning Commission modifies the front yard setback requirement for buildings #1,2 and 3 as shown on the approved plans. 8. Pursuant to Section 26.152(b) of the zoning regulations, the Planning Commission approves a residential density of 92 units which is 16 units or 21% more than the base maximum of 76 units. It is the Planning Commission's opinion that this development satisfies the general standards listed in Section 26.151 of the zoning regulations and the specific standards for a PRD in the R4 District. 9. The Planning Commission approves the encroachment in the C. 0. District behind buildings #1,2,4,5,8 and 9 as provided under Section 3.50 of the zoning regulations. It is the Planning Commission's opinion that this encroachment will not significantly affect adversely the attributes provided in Section 3.503(a) - (e) of the zoning regulations. 10. The applicant shall construct the concrete retaining walls along the C.O. District boundary lines in such a manner that there is no disturbance of soil or vegetation within the C.O. District. 11. Prior to the issuance of a zoning permit for each building, the applicant shall submit a building elevation showing proposed grading, pre-existing grade and proposed building height. 12. As expressly represented by the applicant, the Homeowners Association documents shall prohibit the on -site storage and parking of recreational vehicles. In addition, the Homeowners Association documents shall prohibit garages from being converted to living space. The wording of these provisions shall be approved by the City Planner prior to issuance of the first zoning permit. No garages shall be converted to living space. 13. The applicant shall post a landscape bond in the amount of $63,555 ($46,140 for site` landscaping and $17,415 for street trees). This bond shall remain in effect for three (3) years to assure that the landscaping has taken root and has a good chance of surviving. F 14. Snow removal and maintenance of the mailbox cluster shall be the responsibility of the Homeowners Association. This requirement shall also be reflected in the Homeowners Association documents. 15. The sewage pumping station and force main shall remain private. 16. Shop drawings of the sewage pumping station shall be reviewed and approved by the design engineer. This pumping station shall be maintained by the Homeowners Association. 17. The sanitary sewer lines shall be bedded in crushed stone only. 18. Any new exterior lighting or change in exterior lighting shall be approved by the City Planner prior to installation. 19. Any change to the plat shall require approval by the South Burlington Planning Commission. 20. The final plat plans shall be recorded in the land records within 90 days or this approval is null and void. The plan shall be signed by the Planning Commission Chairman or Clerk prior to recording. 21. The developer shall be responsible for posting "No Parking" signs along both sides of the private road. 'L Cha'irmaoy-'Cleiik South Burlington lanning Commission C� to f 7 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 April 9, 1996 Irene Roberge Agency of Natural Resources 111 West Street Essex Junction, Vermont 05452 Cedar Ridge Townhomes Act 250 Application Exhibit #5 ZONING ADMINISTRATOR 658.7958 Re: Sewer Allocation, Centennial Heights PRD, Patchen Road Dear Ms. Roberge: Please be advised that the City of South Burlington allocates 34,500 gpd of wastewater for a 92 unit residential development. This development known as Centennial Heights is located on Patchen Road and is owned by Randall G. Munson. This property is served by the City's Airport Parkway Treatment facility which has sufficient capacity to handle this additional demand. If you have any questions, please don't hesitate to call me. qi1nrel ,eith, Planner JW/mcp U State of Vermont Cedar Ridge Townhomes Act 250 Application Exhibit #6 WATER SUPPLY AND WASTEWATER DISPOSAL PERMIT Case #: WW-4-0949 LAWS/REGULATIONS INVOLVED PIN EJ96-0227 Environmental Protection Rules Applicant: Randall Munson Effective September 10, 1982 Address: 366 Dorset Street South Burlington, VT 05403 This project, consisting of constructing 46 two bedroom and 46 three bedroom residential units in 23 buildings on approximately 27 acres of land located off Patchen Road in the city of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. This Permit does not constitute Act 250 approval. GENERAL 1. This permit does not relieve the permittee from obtaining all other approvals and permits as may be required from the Act 250 District Environmental Commission and local officials PRIOR to proceeding with this project. 2. The project shall be completed as shown on the plans Sheet SP1 "Master Site Plan" dated 10-26-95 last revised 2-2-96; Sheet SP3 "Utility Plan" dated 8-24-95; Sheet P1 "Road Profile" dated 9-01-95 revised 2-05-96; Sheet D1 "Sewer Details" dated 7-13-95; Sheet D2 "Pump Station Profile" dated 7-13-95; Sheet D3 "Pump Station Section & Plan" dated 7-13-95; Sheet D4 "Storage Tank" dated 7-13-95; and Sheet D5 "Pump Station Details" dated 7-13-95 prepared by Trudell Consulting Engineers, Inc. and which have been stamped "approved" by the Wastewater Management Division. The project shall not deviate from the approved plans without prior written approval from the Wastewater Management Division. 2. A copy of the approved plans and this Permit shall remain on the project during all phases of construction and, upon request, shall be made available for inspection by State or local personnel. 3. In the event of a transfer of ownership (partial or whole) of this project, the transferee shall become permittee and be subject to compliance with the terms and conditions of this permit. 4. The Wastewater Management Division now reviews the sewage and water systems for public buildings under 10 V.S.A., Chapter 61 - Water Supply and Wastewater Disposal Permit. Water Supply and Wastewater Disposal Permit WW-4-0949 Page 2 WATER SUPPLY 5. The project is approved for water supply by construction and utilization of the proposed public water system subject to the jurisdiction of the Vermont Agency of Natural Resources. No other means of obtaining potable water shall be allowed without prior review and approval by the Division of Protection. 6. The water main extension is approved provided the water main extension is constructed in strict accordance with the Agency of Natural Resources' "Public Water System Permit to Construct " Project #E-0592 WSID #5091 to Randall Munson dated April 10, 1996. WASTEWATER DISPOSAL 7. The project is approved for connection to the South Burlington Airport Parkway wastewater treatment facility for a maximum of 34,500 gallons of sewage per day. 8. A professional engineer, registered in the State of Vermont, is to generally supervise the construction of the sanitary sewer line extensions and, upon completion of construction, the supervising engineer is to submit to the Wastewater Management Division a written certification stating all construction has been completed in accordance with the stamped approved plans. The engineer's certification is to be submitted to the Division prior to the occupancy of any unit and the certification shall include, but not be limited to, the numerical results of all leakage testing performed on each segment of the sanitary sewer extension and all manholes, pump stations and force main as described in Appendix A, of the Environmental Protection Rules. Dated at Essex Junction, Vermont this 31st day of May, 1996. William C. Brierley, Commissioner Department of Environmental Conservation BY�'vc--- Ernest P. Christianson Regional Engineer c For the Record South Burlington Planning Commission South Burlington Selectboard Act 250 Coordinator -Louis Borie Water Supply Division Department of Labor and Industry Trudell Consulting Engineers, Inc. MATIONAI F1.000 INSURANCE PROGRAM FIRM FLOOD INSURANCE RATE MAP CITY OF SOUTH BURLINGTON, VERMONT CHITTENDEN COUNTY PANEL 5 Of 15 IIISEE MAP INOEX FOA PANELS NOT 0MIN7E0I COMMUNITY -PANEL NUMBER CD 500195 0005 B EFFECTIVE DATE: MARCH 16, 1981 plfederalral emergency management agency insurance administration 1 R ZONE C \ Cedar Ridge 'I'ownhomes Act 250 Application Exhibit #7 ZONE C ZONE 1 ti QP J� 2 `� STgEET ZONE B CpTTAGE ? � H�91 � .4' !• A. RUTH 0 HEATH — STREET CHAMPLAIN WATER DISTRICT Dedicated to Quality Water & Service April 4, 1996 Rick Harrison South Burlington Realty Company 366 Dorset Street South Burlington, VT 05403 Cedar Ridge Townhomes Act 250 Application Exhibit #8 403 Queen City Park Road South Burlington, VT 05403 Phone: (802) 864-7454 Fax: (802) 864-0435 RE: Act 250 Review: Centennial Heights Project, Patchen Road, South Burlington, Vermont Dear Mr. Harrison: In response to your request for information regarding the Champlain Water District's capability to supply water to the referenced proposed project, we submit the following: 1. Water is supplied to the referenced area via a 24" transmission main. 2. Adequate water storage is located south of Dorset Street and Swift Street intersection, as provided by a 1,500,000 gallon water storage tank. 3. Your estimated demand of 34,500 gallons per day for this proposed project could be furnished by the Champlain Water District without restricting or encumbering its present users on the CWD supply system. 4. Capability of the local water distribution system must be verified by the local water system official. If you have any questions, please do not hesitate to call. Sincerely, CHAMPLAIN WATER DISTRICT III A oiVV, Richard A. Pratt Chief Engineer cc: J. Fay J. Choate P. Jacob C. Hafter Cedar Ridge,T'ownhomes Act 250 Application Exhibit P9 CITY OF SOUTH B URLING TON WATER DEPARTMENT 403 QUEEN CITY PARK ROAD SOUTH B URLINGTON, VERMONT 05403 TEL. 864-4361 Mr. Rick Harrison April 2, 1996 366 Dorset Street So. Burlington, Vermont 05403 RE: Act 250 Review: Centennial Heights Project, Patchen Road, South Burlington. In response to your request as to the capability of the South Burlington water distribution system to supply water to the referenced proposed project we submit the following: 1. The estimated demand of 34,500 gallons per day can be met by the existing water distribution system without encumbering the existing users. If you have any questions or I can be of further assistance, please do not hesitate to call me. Sincerely, SOUTH BURLINGTON WATER DEPARTMENT JZqhat e� Manager CC: Jim Fay J. Weith 01/30/11396 17:11 8028640435 CWWPLAIH WATER D1ST South Burlington Water Department Fire Flow Test Report Date: Time:�" 3 Teat Location: fL Test Performed By:lJ!'", /r6 MEASUREMENTS: USE A 2'/2" HYDRANT OUTLET (Indicate if other than 2'/2") (rl} Cedar Ridge Townhomes Act 250 Application Exhibit #10 FLOW HYDRANTS: I �,WW a,�/ ,rm���c�a✓ FLOW HYDRANT STATIC PRESSURE!//ll Hydrant #1 psi Hydrant # U_psi hydrant #X__� _psi FLOW HYDRANT IDUAL P 'SSURE: Hydrant #1 psi (P) Hydrant #1 _._4g�a__psi (P) Hydrant #A psi (P) FLOW READINGS: (Use Formula A I To Calculate Flows (Q) ) Ilydrant #1 GPM(QiHydrant #2V,5�_GPM(Qa) Hydrant #3GPM(Q,) Total Flow (Q i + Q 2+Q,)�Q,� NO RED{DUAL. HYDRANTS: RESIDUAL HYDRANT STATIC PRESSURE: Hydrant #1 1111,0-Psi Hydrant #2 psi Hydrant #3 psi RESIDUAL HYDRANT RESIDUAL PRESSURE:(Residuals Must Be At Least 10 psi Below Static) Hydrant #1 psi r Hydrant #2 psi Hydrant #3 psi DISCHARGE AT 20 psi RESIDUAL GPM (Q:.) (Use Formula #2 below) FORMULAS: 'i) Q - 29.33 C d' JP Q — Discharge in GPM C — Hydrant C0Cfficient (SEE BACK) d . Diameter of outlet in inches P — Vol. Pressure in psi. o s• 11 2) Q:. s Qr vR oN Hr Q. W Discharge at 20 psi Qr — Actual Test Discharge(total flow) (Use the worst case residual hydrant info. for the following values) Ha = Drop from original static pressure to 20 psi residual Hr — Pressure drop during test in psi Draw Sketch and. Other Information Gn Back (it: tAnk, tank level, pumps, ex...) HIAMIPR0IFIREFLOW.SAM 10/30/05 J FaN—b�:7—'fib i UE 1 7 _ A 8 T FLU1Jt.LL i:t_..r4 L_ i i CENTENNIAL W0005 Hydrant test conducted to determine fire flows. The hydrant next to the entrance (#579) was flowed at 1130 gpm with a pressure of 80 psi static and 45 psi residual. ThI5 would calculate to 1480 gpm at 20 psl As a check two hydrants were tested simultaneously. They were on either side of the proposed PntrancR. ThP rCMings yv►.rP 7 12pm Pt 20 Pgl reaidtrpl And 840 ;"m At 26 rF1 rf l(ltial. The, ✓G%Vi1d i;ys�i'uilt YYaS low6r 41 6l0."a`vi0n p"GvGurlt;n6 for- tl;c; i11ghei' �ii GSwi C. '114, GGiiiJ�ri6u Row at 20 psi Is 1590 gpm. The correlation between the two tests 1.5 falrly close with the average being 1535 gpm. Determination of required fire flows bayed on NFPA 1231: Cnnyrnuction Factor (C) CGli�itrUCt?Gii Giass:`(Gatlon Typo V - wood fr'a sic 1.5 With 1 hr rated wall and Class 13 doors there Is (080 fC per unit and 528 fG` In the garage on the first floor and a possible 892 ft2 on the Second floor. The area used ?, the largest sabdlvided area + 50% of the next largest area so that area u5cd on t.hc fast floor 680 fi' + 0.5(660 f-C) =1020 ft. The area used on the second floor Is 892 f, + 0.5(892 fe = 1338 ft' Effective area (A) =1020 first floor + 0.5(1338) second floor =1G89 ft' C = 15F(A)"5 C = 18(15}(1669)"F =1i10 gpm Occupancy Factor (0) Occupancy Hazard ClatiSlficatton = 7 0 = 0.75 Exposure Factor (X) and Communication Factor (P) Reyfdentlal orrupancy - not rhargod a5 exposure - X = 0 Party wall openings - none - P = 0 (X+P)=1+"E,(X+P)=1 Fire Flow = C(0)(X + P) = 1110(.75)(1) = 832 gpm Note: The determination of (X + P) 15 subject to Interpretation but the maximum factor is 1.55. U51ro this the maximum fire flow would be 1110(.75)(1.55) = 1290 gpm. Using thle conservative approach there 15 5uffic(cnt fire Flow avallab"C' f CHAMP LAIN WATER OISTRICT C4++clow 'o CUOMY 'Nalw d 5Kvx* OAT Aw CVOO« CYy oux PC64 3cxM 3unfrr�,-wn. Vi 0.449 (�4Z) SA4•T.t�4 LACE.': I:aN : ?AX PHONE vO=cE PHONE NTMBEA =3,X PHONE 9UMSER:�BQZI�4.4�� _ -- VO ICE PHONE NUMBER: (a "-1-74 : { vrrMNF'i2 O PAGES -=NCLUO- COL'ER Er.=_T: A W I State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist RELAY SERVICE FOR THE HEARING IMPAIRED 1-800.253-0191 TDD>Voice 1.800-253-0195 Voice>TDD Cedar Ridge Townhomes Act 250 Application Exhibit #11 AGENCY OF NATURAL RESOURCES Department of Environmental Conservation WATER SUPPLY DIVISION The Old Pantry Building 103 South Main Street Waterbury, VT 05671-W3 TELEPHONE (802) 241-3400 FACSIMILE (802) 241-3284 10 April 1996 Public Water System Permit to Construct PROJECT # E-0592 WSID # 5091 DEC PIN # EJ96-0227 PERMITTEE: Randall Munson ADDRESS: 366 Dorset Street South Burlington, VT 05403 PROJECT NAME: Centennial Heights TOWN LOCATION: South Burlington General The referenced planning documents are approved in accordance with 10 V.S.A., Chapter 56, provided that all conditions listed below are complied with and continually satisfied. This Construction Permit, with conditions, is granted based on a review which determined that the proposed works, if built in accordance with the approved planning documents, will conform with adopted design standards and will not constitute a public health hazard or a public health risk. The review and approval did not, however, include the structural engineering aspects of this project. Project Description The project is represented by plans and specifications prepared and submitted by Trudell Consulting Engineers, Inc., last dated 2-5-96. The project involves: Interconnection to an existing 8 inch water main on Patchen Road and an existing 8 inch water main on Arbor Road, installation of approximately 2,180 linear feet of 8 inch water line, 4 hydrants, service lines and appurtenances. The new water line will serve a proposed residential development with an estimated average water demand of 34,500 gallons per day. Chlorine Free 100% Recycled Paper Regional Offices - Barre/Essex Jct./Pittsford/Rutland/N. Springfield/St. Johnsbury Permit to Construct Centennial Heights PID #E-0592 page 2 10 April 1996 The project is presented in the following: The total number of sheets reviewed by the Vermont Department of Environmental Conservation for this project is three. Proiect Conditions (1) All construction on this project must be completed by and the permit shall expire on 30 April 1998, unless written approval is obtained from the Department of Environmental Conservation which extends the expiration date. (2) This Construction Permit is not transferable or assignable and shall automatically become invalid upon a change of ownership or upon suspension or revocation. A successor in interest to the permittee may apply to the Department of Environmental Conservation for reissuance of this permit. (A) By acceptance of this permit, the permittee agrees to allow representatives of the State of Vermont access to the project, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental laws and this permit. (B) The Department of Environmental Conservation maintains continuing jurisdiction during the life of the permit and may require the permittee periodically to file an affidavit certifying that the project is operating in accordance with the approved plans, specifications, and conditions of the permit. (3) The project shall be constructed, completed, maintained, and operated in accordance with the approved plans and specifications and in accordance with the conditions of this permit. No changes shall be made in the project without the written approval of the Department of Environmental Conservation. (4) Construction inspection shall be performed by a competent Permit to Construct Centennial Heights PID #E-0592 page 3 10 April 1996 inspector under the general supervision of a professional engineer. It is the permittee's responsibility to ensure that inspection is undertaken to assure that the project is constructed in accordance with the approved plans and specifications, plus any authorized change orders. (5) The permittee or representative shall submit as -built Record Drawings to the Department of Environmental Conservation indicating the system as it was constructed, including any field modification. Record Drawings shall be developed by the professional engineering firm responsible for observation of construction. Record Drawings shall be submitted within 60 days of final system field approval by the responsible engineer. Prior to being placed in operation for domestic use, all new portions of the system shall be flushed, pressure tested, disinfected and flushed again. Following this procedure, at least two samples must be collected (in laboratory sample bottles) from representative sample points and sent to the Vermont Department of Health Laboratory at 195 Colchester Avenue, Burlington, VT 05401 (or any other Vermont Department of Health certified laboratory) for Bacteriological Examination of Public Water Supply and indicate on the form that it is for a new system awaiting approval. Negative sample results are required before the system may be placed "on line" for potable water use. Agency of Natural Resources Department of Environmental Conservation William Brierlev. Commissioner By Rodney I. Pingre Water Systems Section Chief Water Supply Division Dated at Waterbury, VT this loth day of April, 1996. c: South Burlington Water Department South Burlington Fire Department Tyler Hart, Trudell Consulting Engineer, Inc. Frederick Costello, Director Public Facilities, DEC Ernest Christianson, Regional Engineer, DEC Robert O'Grady, Director, Environmental Health Division EPAS/PID #E-0592 AGENCY OF NATURAL RESOURCES DEPARTMENT OF ENVIRONMENTAL CONSERVATION ENVIRONMENTAL ASSISTANCE DIVISION Now that you've just completed a permitting process, we would like your help to improve that process for your or other people's future use. To accomplish this we need you to fill out the `Permit Customer Survey' on the reverse side of this sheet. As you can see, most of the questions can be answered quickly with a `Yes' or `No' response and it shouldn't take more than a few minutes to complete the form. If you want to provide a more detailed response, please feel free to do so, either in the space provided or attach an additional sheet. If you used a consultant to obtain your permit, you may choose to have them complete the form. Then return the form the address is `VTANR-DEC, Environmental Assistance Division, The Laundry Building, 103 South Main Street, Waterbury, VT 05671-0407' . It is not necessary for us to have your name. However, if you'd like a specific response to a concern or question, please include. your name and address or phone number on the line provided. If you'd like to provide this information in a phone interview or have any questions on the survey form, please call Cathy Stacy from the Environmental Assistance Division at (802) 241-3456. For your information, this survey is being sent out to. everyone issued a permit or certificate by all the Department of Environmental Conservation's permitting programs, including all DEC regional offices and the central Waterbury office. This survey will be an on -going part of our permitting process in an effort to provide continuous improvements to you. In other words, when you get another permit from DEC you will probably get another survey form and be asked to complete it. When the forms are returned to the Environmental Assistance Division, a team representing all the. permitting programs will review them and feedback will be given directly to the program that issued your permit. This allows for all DEC programs.to learn from each other and be more consistent in our improvements, while still addressing specific problems within programs. If you have any questions on the survey or permitting related concerns you'd like to discuss, please feel free to call me. Thanks again for your help in this effort! Nancy R. Manley, DEC Permit Coordinator Environmental Assistance Division (802) 241-3822 APPLICATION FOR PERMIT TO DISCHARGE WASTE STATE OF VERMONT AGENCY OF NATURAL RESOURCES DEPARTMENT OF ENVIRONMENTAL CONSERVATION PERMITS AND COMPLIANCE DIVISION CHAPTER 47 of Title 10 V.S.A. 1. Applicant: Randa►i Munson Legal Entity: Individial 2. Mailing Address: C/O So. Burlington Realty 366 Dorset St. So. Burlington, vt 05403 3. Contact: Tyler Hart Telephone: 879-6331 Cedar Ridge Townhomes Act 250 Application Exhibit #12 4. Name of Centennial Heights Location: Patchen Rd. So. Burlington Activity: 5. Type of Activity: Residential PRD 6• Nature of Waste: Sanitary Industrial Commercial Drainage X Other (Describe) Stormwater, collected, detain, discharged 7. Receiving Water: Winooski River 8. Status of Discharge: X Proposed Existing (Permit Number: 9. The applicant hereby applies for a: X Discharge Permit Indirect Discharge Permit Emergency Pollution Permit Pretreatment Discharge Permit to discharge wastes, directly or indirectly, into water of the State from the above named activity as described in this application, its attached schedule(s), plans and specifications. 10. Application is for X Original Permit _ Permit Renewal. If this is for a permit renewal, is original application still valid in all respects? _ If not, attach schedule(s) for major changes. Minor changes may be documented by letter. 11. Enter below, using a separate serial number (S/N), to identify each independent discharge which will result from the activity described in Item 4. Attach separate schedule for each discharge identification below. SIN 001 Outlet from detention pond 004 002 005 003 006 12. Appl 'on Fee Enclosed S 1, ,g X 9.v C-�—o �... tp A OIR-IZED RES A VE TITLE -6k vn Gr J o�.e9 e r-- FORM WR-82 (REV. 5/90) Date of Application Kee -- SIGNATURE DISCHARG STATE OF VERMONT AGENCY OF NATURAL RESOURCES DEPARTMENT OF ENVIRONMENTAL CONSERVATION SCHEDULE D: DRAINAGE (Including Stormwater) CHAPTER 47 OF TITLE 10 V.S.A. DATE: 04/01 /96 D-I APPLICANT: Randall Munson ACTIVITY: D-2 DISCHARGE SIN: 001 DESIGNATION. Outlet from detention pond D-3 EXACT LOCATION ON RECEIVING WATER (DESCRIBE AND LOCATE ON MAP): see locus plan D-4 HOW ARE WASTES CONVEYED TO RECEIVING WATER?: Overland after detention storage D-5 TYPE OF DISCHARGE: STORMWATER RUNOFF: SOURCES (IN ACRES): PAVED ROADS: 1.07 A. UNPAVED ROADS: O A. PAVED PARKING LOTS: . 55 A. UNPAVED PARKING LOTS: 0 A. ROOFS: 1 4 A. NATURAL TERRAIN: 4.03 A. OTHER (specify): 0.2 A. TOTAL: 7.5 A. *siucwaIl:s PRE -DEVELOPMENT PEAK FLOW: 19 CFS POST -DEVELOPMENT PEAK FLOW: 5.3 CFS RECEIVING STREAM WATERSHED AREA (sq. miles) ABOVE DISCHARGE POINT: 0.39 sq. miles RATIO OF STREAM WATERSHED AREA (sq. miles) TO AREA OF ROAD AND PARKING LOTS (acres): 0.39 / 1.82 = 0.21 PROPOSED TREATMENT (check all that apply): GRASS OR STONE LINED SWALES: CATCH BASINS. X. OVERLAND FLOW ACROSS VEGETATED TERRAIN: X DETENTION POND (attached design details): X . SEDIMENTATION BASIN (attach design details): OTHER (specify and attach design details): — SOURCE (check all that apply): FOUNDATION DRAIN: _, CURTAIN DRAIN: _, SPRING: _, WELL: MINE: — QUARRY: POND: _, WATER WHEEL OF TURBINE: _, FILTER BACKWASH: _, OTHER (specify): _. DISCHARGE: ESTIMATED DISCHARGE:_ CFS, FREQUENCY: . DURATION: PUMPNG REQUIRE?: . CONTAMIIiA TTS PRESENT (specify): PROPOSED TREATMENT: D-6 ADDITIONAL INFORMATION: FORM WR-82-D (12/89) SCHEDD Z:IPERMrr,P STORM.SAM City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 Mr. John Jaeger South Burlington Realty Company 366 Dorset Street South Burlington, Vermont 05403 Re: Cedar Ridge Townhomes, Patchen Road Dear John: Cedar Ridge Townhomes Act 250 Application Exhibit 413 ZONING ADMINISTRATOR 658-7958 July 10, 1996 In response to your request regarding the above referenced project, please note the following: 1. The City is likely to accept the portion of Juniper Drive which has been proposed to be a city street. That portion must be constructed to City standard and will be inspected by the City prior to acceptance. 2. The City has the financial capability to accommodate the additional population expected as a result of the project. The anticipated population resulting from the project falls within population projections contained in the City's Comprehensive Plan. 3. The project conforms to the City's Comprehensive Plan and Capital Plan. Please do not hesitate to contact me if you need any further assistance. erely oe Weith, ity Planner f FAX: (802) 658-4748 April 5, 1996 §§uutb Nur1tngtvn Yirr J partmrnt � 575 Buret I*trect �ntttll +�urli:ngtuti, 7�crmuttt i154U3 �� Mr. Rick Harrison South Burlington Realty Company 366 Dorset Street South Burlington, VT 05403 Dear Rick: (802) 658 The South Burlington Fire Department provides fire protection and medical services to all portions of the City. Advanced medical treatment and all patient transport is provided under contract through UVM Rescue. I have reviewed the site plans for the Centennial Heights Project. Should that development materialize, I can foresee no significant impact to the City's fire and rescue services. As with any municipal growth, there is always some service increase to be expected. However, I expect that this project will present no demands which would overtax our current resources. Sincerely, ,/ ) //," /4�, 2 Wallace Possich Fire Chief CEDAR RIDGE TOWNHOMES ACT 250 APPLICATION EXHIBIT 15 Traffic Impact Analysis Traffic Impact Analysis Trudell Consulting Engineers, Inc. Phase I 17 Memo To: John Jaeger From: Tyler Hart Date: November 28, 1995 Re: Centennial Heights Traffic Attached please find my traffic estimates and and supporting data. I have projected the project traffic onto adjacent streets for the PM peak hour. (sheet 2) Average daily traffic and DHV for 1996 are shown on sheet three. These are based on historical ADT for 1993 or 1992 using a 2% growth factor and 10.5% DHV to ADT value. On sheet 3 1 show the Project traffic and percentage of the 1996 DHV. The conclusion of this exercise is that the impact of the project is negligible at all locations except Pathen Road leg and Kirby Road. The Kirby Road leg will have an increase of 2 cars and probably does not need further study. The Patchen Road leg has an increase of 45 cars in the PM peak. This represents 6.2 % of the total for 1996. 1 recommend the the White Street Patchen Road intersection be checked for Level of Service. If you and the City agree to this approach, please let me know. Very truly yours, Tyler Hart, P. E. TRUDELL CONSULTING ENGINEERS, INC. P.O. Box 308 14 Blair Park Road Williston, VT 05495 SHEET NO. ro OF 7 C7 CALCULATED BY DATE / _ - L_ ............. ...... CHECKED BY SCALE DA7E 64., l_ 7 4-- T c- . hvw ._. .... zz y'o r !oo_ piY1......iC..... . 400. .... .........:..... .. ............................ ............... .... ..... ... ?..:..... ..... hCr>.-.. ......................... .......:............:.................... ..... .........................i............ ... /gym......., ..........t..................... ....... ......... :............. .............. .... ..... ...... ... .. ...... . _ ....... ..... ... _................................ ............................ :............. .....:...._................................. ! ...... ...... ............ ............... ....... ..... ... . . ...................................' .......... ..... ': ft i........L . ..............,. . i ! ..... .......:................................ ..............,................................. i i I I 1 1 ......_.....:....... .............. ............. r.._ .._............................ ! ... _. I .... 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Grolon, Wa. 01471. 7o Ndn PNX MU FREE 14*MS- E0 �1 r bZ Ja �I J IL /v AV6 L)R)LY T-f�r IC 8lt3e9 0u zyj OZ L O �qo9 (Zb 0 'Ohl P ;ec��T of= Jif V FbIZ 4 /o N/ i J ��i Phase II TRUDELL CONSULTING ENGINEERS, INC. Februa, Y 1, 199 Mr John Jaeger South Burlington Realty 366 Dorset Street South Burlington, Vermont 05403 Re: Traffic Analysis Dear John: Attached please find the capacity analysis for Patchen Road/White Street. The first printout is for traffic without the project and the second is with the project. The results indicated a level of service B for both senerios. The anaiysis is for DHV estimates for 1996. These volumes were determined by projecting known ADT traffic at 2% per year and using 10.5% of ADT for DHV. The project figures are for 100 units. Please note the project size has been reduced to 92 units. If you have any questions , please call. Very truly yours, TRUDELL CONSULTING ENGINEERS, INC. ,1 Tyler Hart, P.E. l I P. O. Box 308 14 Blair Park Road Williston, Vermont 05495 (802) 879-6331 HCM: SIGNALIZED INTERSECTION SUMMARY Version 2.4 02-04-1996 Center For Microcomputers In Transportation Streets: (E-W) White Streot (N-S) Patchen Road Analyst: JTH File Name: MUN2.HC9 Area Type: Other 2-6-95 4-5 pm Co:ument: D#V Operational Analysis fvr 1996 Without Project Eastbound~� Westbound Northbound Southbound L T R L T R L T R L T R No. Lanes -->-1 -<- > 1 < > 1 < > 1 < Volumes 114 215 78 117 173 38 62 279 68 29 226 71 Lane Width 12.0 12.0 , 12.0 12.0, RTOR Vols Lost Time 13 5 10 19 0.00 3.00 0.00 0.00 3.00 0.00 0.00 3.00 0.00 0.00 3.00 0.00 -_-------------------..__----------------_--_---_----___---- Signal operations Phase Combination 1 2 3 4 5 6 7 8 EB Left * NB Left Thru * Thru Right * Right Peds * Peds WB Left * SB Left Thru * Thru Right * Right Peds * Peds NB Right EB Right SB Right WB Right Green 12.OP Green 12.OP Yellow/AR 3.0 Yellow/AR 3.0 Cycle Lengthy30secsPhasecombinatonorder:-#1^#5 -- -----" ----`y---- - -- - --, Intersection Performance Summary Lane Group: Adj Sat V/c g/C Approach: Mvmts Cap Flow Ratio Ratio Delay LOS Delay LOS E-- B LTR - 526 --' 1314 0.788 0.400 11.4 B 11,.4 B WB LTR 493 1232 0.690 0.400 8.5 B 8.5 -B NB LTR 576 1440 0.729 0.400 9.0 B 9.0 B SB LTR 595 1487 0.545 0.400 6.1 B 6.1 B Intersection Delay = 8.9 sec/veh Intersection LOS = B Lost Time/Cycle, L = 6.0 sec Critical v/c(x) = 0.758 c INTERSECTION DIAGRAM - PRE -DEVELOPMENT Intersection: White Street and Patchen Road Time period; 4-5 pm Putchen Road Volumes 38 SB Total ' 326 173 WB Total 1 < 328 • ,117 < v > 1-- 71• 226 29 ( v <> Legend [X] = Level of Service —�, = No. of Lanes n D-J = De facto Turn ---------------------- 2 -----{ > [ B ] v 114A EB Total 215 407 > 78 v 9 y [B] F Intersection [B] A [B] <1 1 v White Street (B] — -- - -- 62 279 68 < A > 1 409 NB Total EM 3 RCM: SIGNALIZED INTERSECTION SUMMARY Version 2.4 12-15-1995 Center For Microcomputers In Transportation Streets: (E-W) White Street (N-S) Patchen Road Analyst: JTH File Name: MUNI.HC9 Area Type: Other 12-15-95 4-5 pm Comment: DHV Operational Analysis for 1996 With Project Eastbound -Westbound Northbound Southbound -------------- L T R I L T R L T R L T R -- ---- ---- ------ ---- ----I---- ---- ---- ---- ---- ---- No. Lanes > 1 < - > 1 < I > 1 < > 1 < Volumes 129 215 78 117 173 411 62 289 68 32 231 76 PHF or PK15 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95.0.95 Lane Width 12.0 12.0 12.0 12.0 Grade- 0 0 0 0 % Heavy Veh 2 2 2 2 2 21 2 2 2 2 2 2 Parking (YIN) N (YIN) N (YIN) N (YIN) N Bus Stops 0 1 0 0 Con. Peds 21 2 2 2 Ped Button J(YIN) Y 6.0 6 (YIN) Y 6.0 6 (YIN) Y 6.0 s (YIN) Y 6.0 Arr Type 3 3 31 3 3 3 3 3 3 3 3 3 RTOR Vols 13 5 10 19 Lost Time 0.00 3.00 0.00 0.00 3.00 0.00 0.00 3.00 0.00 0.00 3.00 0.00 Prop. Share -1 -1 -1 1 --1 -1 -1 -1 Prop. Prot. 471 -21 -2 signal operations Phase Combination 1 2 3 4 5 6 7 8 EB Left * JNB Left Thru * Thru Right * Right Peds * Peds WB Left * SB Left Thru * Thru Right * Right Peds * Peds NB Right IWB EB Right SB Right Right Green 12.OA Green 12.OP Yellow/AR 3.0 1 Yellow/AR 3.0 Cycle Length: 30 secs Phase combination order: #1 #5 ---_ --------......-------------L------------------------------------ intersection Performance Summary Lane Group: Adl Sat V/c q/C Approach: Mvmts Cap Flow Ratio Ratio . Delay LOS Delay LOS - - EB LTR516 1289 j 0.834 0.400 14.0 B 14.0. B WB LTR 486 1216 0.705 0.400 8.9 B 8..9' B NB LTR 576 1439 0.747 0.400 9.5 B 9.5 B SB LTR 587 1467 0.574 0.400 6.4 B 6.4 B Intersection Delay = 9.9 sec/veh Intersection LOS - B Lost Time/Cycle, L = 6.0 sec Critical v/c(x) = 0.791 ------------------------ ;-------------------- ----- -- _- ------ 4-- INTERSECTION DIAGRAM - POST-DEVELOPMI'NT Intersection: White Street and Patchen Road Time period: 4-5 pm Patchen Road Volumes I 41 SB Total 339 < v L> ! 76 231'.. 32 I� Leqend [X] = Level of Service ^ #-J = No. of Lanes A D-J - De facto Turn --------------------- 1 —1> [B] v 129^ EB Total 215 I( 422 > !I 78 II v 4 1 v [B] intersection [B] i 173 WB Total < 331 I117 II v ^ [ B ] < 1 ----- 1 v White Street [B] 62 289 68 < > j ICI 1 I� jj 419 II NB Total ACT 250 SCHOOL IMPACT QUESTIONNAIRE FOR RESIDENTIAL PROJECTS Applicant to Complete: Applicant Name South Burlington Realty Company Municipality South Burlington Number of Lots or Units 92 Condominium Units Estimated Number of Students 50 students C6 4 School Superintendent or Equivalent to Complete: a. What schools under your supervision will provide educational services for families who will live in this project? elementary school Qiamberlin Flempntnlz4 4nhnnl U middle school FHT Middle School high school South Burlington High 4rhnnl b. Do these schools have the capacity to accept the additional students listed above? (assume equal grade distribution) Yes or No? c . If "no", what is the deficiency? N/A d. What plans are in place to correct the problem? Present capacity is for 500 students with a predicted enrollment of 326 students in September, 1996 e. If plans exist, how could this applicant help achieve those plans beyond adding new homes to the grand list? The City of South Burlington has adopted a school impact fee schedule. The developer will be required to pay this assessment. f . Do you have other comments? I certify the above information i and acc to the best of my knowledge. Name Superintendent of Schools Position April 7, 1996 Date Are you available, after sufficient notice, to answer questions related to the ab.ove statements at an Act 250 hearing? -_Yes or No? 4/95: SCHQUES SOUTH BURLINGTON SCHOOL DISTRICT OFFICE: South Burlington High School Bruce C. Chattman SOUTH BURLINGTON, VERMONT 05403-6296 Superintendent 550 DORSET STREET c Tel. 802/658-9050 FAX 802/658-9029 April 7, 1996, o a� Joe Weith, City Planner o 575 Dorset Street N W South Burlington, Vermont 05403 re: Centennial Heights U Patchen Road 42 two bedroom units; 46 three bedroom units Dear Joe, Thank you for the opportunity to comment on this proposed residential development. At the conclusion of construction, Chamberlin School will have a maximum capacity of 500 students (20 classrooms at 25 students per room). We predict an enrollment of 326 students in September, 1996. Projects previously approved by the Planning Commission* have resulted in approximately 624 units - all in the Orchard Elementary School District. Since these approved residential developments will require the School District to redistrict students to Central and Chamberlin, the available space at Chamberlin will be impacted by these other developments. Until the approved projects are completed, it will be difficult to ascertain the actual enrollment impact upon Chamberlin School. Provided with the present capacity at Chamberlin and lacking the precise impact of the above referenced developments on Chamberlin, I believe that, under present conditions, Chamberlin can accommodate the enrollment impact of this proposed development. Please call me if you have any questions.. Sincerely, Bruce C. Chattman *Economou development (230 units) Phase V of Meadowood Condominiums (50 units) Knowland Two (73 units) Pinnacle at Spear (90 units) ' Southeast Summit (181 units) c: Development File School Board r , ACT 250 Cedar Ridge Townhomes MUNICIPAL IMPACT QUESTIONNAIRE Act 250 Application Applicant to complete: Exhibit NJ Applicant Name: KMWd4 G, MV K SSb V% 41hl,a, Municipality: -f` C3v Y ; vt vt Title and Date of Site Plan Re ewed. qr- Town Manager, Department Heads, or Equivalent to Complete: a. Does the municipality have the capacity to provide the following services without unreasonable burdens for the above project: Fire Protection? �es or No? Police Protection? ,j�Ces or No? Rescue Service? Z/ es or No? Solid Waste Disposal? 7-- s or _No? Road Maintenance? ;I'es or No? b. If "no", what are the deficiencies? c. If the service is unavailable from the municipality, who provides the service so that the town doesn't hya e to? d. Would the deficiencies occur without this project? Yes or No? If "no", what measures can the applicant take to alleviate the deficiencies? e. If the deficiencies are common to many projects, does this project create burdens which are disproportionate to the taxes and user fees to be paid to the municipality? Yes or No? If "yes", does the municipality recommend the imposition of an impact fee or other means to mitigate any unreasonable burdens? I certify that the abo best of my knowledge. formation is true and accurate to the Name Position Date Are you available, after sufficient notice, to answer ques ions related to the above statements at an Act 250 hearing? fifes or No? 4/95: MUNQUES OP G BUS ►SOUTH BURLINGTON POLICE DEPARTMENT Cedar Ridge T ownhomes �►� `*� `,� Act 250 Application �y Exhibit 419 A Nationally Accredited Agency April 26, 1996 Mr. Rick Harrison South Burlington Realty Company 366 Dorset Street South Burlington, VT 05403 Dear Mr. Harrison; I have reviewed the Master Site Plan for the proposed Centennial Heights Project on Patchen Road. This project should not be an unreasonable burden on our ability to provide police services. If I can be of further assistance, feel free to contact me. Sincerely, a land H. Graham Chief of Police LHG/ks 9 575 DORSET STREET • SOUTH BURLINGTON, VERMONT 05403 Dispatch:658-1050 • Administration: 658-7971 • Detectives:658-7969 • Fax:658-7968 Lealand H. Graham, Chief Cedar Ridge Townhomes Act 250 Application Exhibit #20 )AMBULANCE UVM Rescue 284 East Avenue Burlington, Vermont 05401 o J April 16, 1996 Rick Harrison Project Manager South Burlington Realty Company 366 Dorset Street South Burlington, Vermont 05403 Re: Centennial Heights Project Located on Patchen Road Dear Mr. Harrison I have discussed the situation with the Officers of UVM Rescue, and the decision was that UVM Rescue can support the project's facilities and the increase in population with emergency care/rescue services without hardship. When the project is near completion, a detailed map of the facilities as well as a tour will enhance our response time to the location. If you have any questions please feel free to contact me at Rescue. Sincerely, x' Michael L. Bartholomew Director of Operations x� �i State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist Mr. Rich Harrison South Burlington Realty Co. 366 Dorset St. So. Burlington, VT 05403 Cedar Ridge Townhomes Act 250 Application Exhibit #21 May 20, 1996 Re: Revised Design for Proposed Centennial Heights Development in South Burlington, Vermont. Dear Mr. Harrison: In accordance with your request, I have reviewed the revised site development plans for the above referenced project. These plans are much more appropriate for avoiding impacts to the wetlands associated with the site. Based on the design plans, the Department finds no issues related to criterion 8(A) of Act 250 associated with this project. If plans for this project change from the revised plans submitted on May 15, 1996, the Department will need to review those changes. I appreciate your submittal of additional information. Please feel free to contact me if you have any questions regarding this matter. Respectfully, l�.4�2. John M. Austin Dist. Wildlife Biologist Dept. of Fish & Wildlife essex.250\soburl3A.96 07/05/96 16:18 2 01 Cedar Ridge Townhomes Act 250 Application Exhibit #22 Nongamc and Natural heritage Program 5 July 1996 John Jaeger South Burlington Realty Co. 366 Dorset Street South Burlington, VT. 05403 Dear John: I am writing in response to your request Fur a letter to support your Act 250 application for the Centennial Heights Development on Patchen Road in South Burlington. As you are aware, I visited the site twice in 1995 and round no natural communities of any significance. The only issue which concerned our program was the single individual of Houghton's umbrella sedge (('yperus hou htonii), a state threatened plant, found at the site. Although we were unable to find the plant on subsequent visits, an Endangered Species Permit was issued, and the soil in the vicinity was moved. Since all of our concerns have been addressed, our program has no Further concerns with your proposed project. We do request, however, that we be allowed to visit the site again prior to construction to look for additional umbrella sedge. '1'liis is with the understanding that no further permits would be needed on your part, and that we be allowed to attempt to collect seeds or move any plunts. 1 hope this satisfies your request. Sin ly , Robcrt Popp Botanist Nongame and Natural Heritage Program STATE OF VERMONT Mr. Richard Harrison South Burlington Realty Company 366 Dorset Street South Burlington, VT 05403 Cedar Ridge Townhomes Act 250 Application Exhibit #23 DEPARTMENT OF AGRICULTURE, FOOD & MARKETS OFFICE OF THE COMMISSIONER DIVISION OF AGRICULTURAL DEVELOPMENT DIVISION OF ANIMAL & DAIRY INDUSTRIES DIVISION OF PLANT INDUSTRY, LABORATORIES & CONSUMER ASSURANCE April 27, 1996 RE: Centennial Heights Development, Patchen Road, So. Burlington; Act 250 Pre - application Review of Criterion 9(B) Dear Rick: Thank you for the opportunity to comment on Randall Munson's proposed Centennial Heights Development off Patchen Road in So. Burlington. The project is depicted on sheet SP1 of the plans prepared by Trudell Consulting Engineers, Inc. entitled "Master Site Plan," last revised 2/2/96. My review of the soils maps indicates primary agricultural soils are not present within the project area. Consequently, the Department has no concerns with this proposed development. SEAL OF QUALITY ���`��DDEE11r. OF AGRICULTURE® Sincerely, J� Amy Jestes Llewellyn Agricultural Land Use Planner 116 STATE STREET DRAWER 20 MONTPELIER, VT 05620-2901 (802) 828-2500 FAX: (802) 828-2361 State of Vermont Yj Department of Fish and Wildlife y�.'ti'`�/;• Department of Forests, Parks and Recreation • Department of Environmental Conservation h "' State Geologist Natural Resources Conservation Council Environmental Comm. District 4 111 West St. Essex Jct. VT 05402 AGENCY OF NATURAL RESOURCES Department of Forests, Parks & Recreation 6 Valley Crossroac St. Albans, VT 054 i (802) 524-65C � a o � � •v o N W V To: Lou Borie Environmental Coordinator From: James Tessmann, Franklin Grand Isle Counties Forester i Subject: Centennial Heights Development Date: April 19, 1996 I have reviewed the soils and the site for the purposed housing development on Patchen Road, South Burlington, VT The soils on the purposed development appear to be Adam, Windsor and Hartland very fine sandy loam. Adam and Windsor are site three s9il for forestry and Hartland is site one, prime forestry soil. After reviewing the site and the adjacent areas, in my opinion, the use of this area for housing, would not significantly reduce the potential of forestry for Chittenden County. If you have any further questions, please do not hesitate to contact me. cc: Rick Harrison TDD: 1-800-253-0191 Regional Offices - Barre/Essex Jct./Pittsford/N. Springfield/St. Johnsbury Cedar Ridge Townhomes Act 250 Application Exhibit #25 GREEN MOUNTAIN POWER CORPORATION GREEN MOUNTAIN DRIVE • P.O. Box 850 • SOUTI I BURLINGTON, VT 05402-O850 • (802)86 -5731 April 5, 1996 Mr. Rick Harrison South Burlington Realty Co. 366 Dorset Street South Burlington, VT 05403 Re: Revised Ability to Serve Letter Dear Mr. Harrison: We have reviewed your letter of March 29,. 1996, which requests Green Mountain Power's ability to serve the electric load for the Centennial Heights housing project on Patchen Road in South Burlington As you know, our comments are required so that a meaningful assessment can be made under 10 VSA Sections 6086 (a) (9) (F) and (J). When load data is not available, Green Mountain Power Corporation forecasts an average use for each structure. You have informed us that this project will consist of 92 residential units constructed as multi -family buildings. Our review of this project assumes that all three phase motors larger than 10 H.P. and all single phase motors larger than 5 H.P. meet the requirement for reduced voltage starting unless written approval has been received from Green Mountain Power, and that none of the proposed homes will have electric space heating. Based on this information and other developments with similar parameters, it is estimated that the electrical panels will be rated single phase 240/120 volts, and the total project as described will result in an estimated peak demand of 143 KW. This requirement can be supplied from Green Mountain Power's existing and planned generation sources. If this estimate is not consistent with your load projections, Green Mountain Power Corporation should be made aware of the situation for planning purposes. We have evaluated the transmission and distribution system that will be used to serve your project's requirements and have determined that existing facilities are adequate for that purpose. We do not anticipate that your addition will require distribution or transmission improvements at this time or accelerate routine system improvements planned for the near future. Any new line extension construction necessary to provide service will be administered under GMP's line extension tariff. This tariff provides that line extensions will be installed in a right-of-way granted by Mr. Rick Harrison April 5, 1996 Page 2 the customer. GMP requires that these rights -of -way be unencumbered, a minimum of 10' wide and be protected by a legally binding easement. In view of these facts, we conclude that the proposed development will not put an excessive or uneconomic demand on Green Mountain Power's facilities. Details concerning service size, scheduling, costs, etc., should be discussed with Michael Benjamin of the Colchester District Office. Very trul ours, ouis . Fonte Director of Engineering LAFtc cc: Eng. File J. Ehrler, Energy Planning D. J. Gaherty G. S. Morgan P. C. Tousley T. G. Cecchini M. Benjamin NYNEX P.O. Box 449, Burlington, VT 05402 NYNEX Engineering/Construction Thursday, April 4, 1996 South Burlington Realty Company 366 Dorset Street South Burlington, Vermont 05403 Attention: Mr. Rick Harrison Project: Centennial Heights South Burlington, Vermont Dear Mr. Harrison: Cedar Ridge Townhomes Act 250 Application Exhibit #26 NYNEX - New England, Engineering Department received notice of your proposed 92 unit Centennial Heights Subdivision on Catamount Terrace off Patchen Road in South Burlington, Vermont. Telecommunication services to this project would be delivered via new underground cables placed in your conduit throughout the development. NYNEX welcomes the opportunity to provide telecommunication services to new customers. Our commitment is to provide quality and timely public access to the local and long distance telephone/information network. Please provide me with your schedule when it is finalized. I can be reached at 802-863-0823, weekdays. Thank you. i Sincerely, Gary S. Sundberg Burlington Exchange Engineer - NYNEX Attachment cc: Outfile H. Norton ® NYNEX Recycles Cedar Ridge Townhomes Act 259 A nnliratinn rr---- ' Exhibit 427 ,IPA Vermont CM-4cm PO. Box 467, Burlington, Vermont 05402 802-863-4511 April 3, 1996 Mr. Rick Harrison South Burlington Realty Company 366 Dorset Street South Burlington, VT 05403 Re: Ability to Serve Letter Centennial Heights Subdivision South Burlington, VT Dear Rick: With regard to the proposed Centennial Heights Subdivision ninety-two (92) unit multi -family residential development project to be located off of Patchen Road in South Burlington, Vermont, please be advised that natural gas facilities closest to this project presently are located on the east side of Patchen Road at the entrance of the proposed project, and on Arbor Road, in the existing Summer Woods development. Please consult the enclosed Vermont Gas Systems' Patchen Road Sheet 1 of 1 , and Arbor Road and Larch Road Sheet 1 asbuilt drawings for the approximate gas facilities location. A feasibility study will be required to determine what contributions in aid of construction, if any, will be required for this project, and natural gas availability will be contingent upon entering into mutually acceptable construction agreements reflecting the outcome of the feasibility study, and acquiring necessary permits. If all of the previously stated conditions ore met, Vermont Gas Systems can serve the additional load of the ninety-two (92) new multi -family residential living units in this project without affecting our present firm customers. We strongly recommend the use of high efficiency appliances for space heating and domestic hot water heating, and cost effective thermal envelope measures for all new residential construction. To encourage this, our HomeBase New Construction Demand Side Management program encourages energy efficiency by providing technical assistance and financial incentives to builders/developers of energy efficient Vermont Gas Systems, Inc. recycledpaper residential construction, which will use natural gas for space heating. Enclosed please find a copy of the HomeBase New Construction Program Fact Sheet. We invite and encourage all builders and developers (of homes that will use natural gas for a minimum of space heating) to participate in the HomeBase New Construction program. Please do not hesitate to contact me if you should have any questions. Sincerely yours, Michael A. Russom New Construction Engineer HomeBase New Construction Program Manager Enclosures CEDAR RIDGE TOWNHOMES ACT 250 APPLICATION EXHIBIT 28 City of South Burlington Comprehensive Plan, 1996 Excerpts CITY OF :S (D li ric El BURLINGTON . CHAPTER III COMPREHENSIVE PLAN GOALS This plan has been drawn to insure that the needs of the citizens of South Burlington for employment opportunity, education, housing, health, safety, culture, recreation and social well-being are met now and in the future through efficient use of our limited human, financial, and natural resources. Regional Cooperation Through reciprocal cooperation with neighboring towns, regional agencies and entities with regional influence, the City plans to promote economical and efficient administration of certain public services including water supply, fire and police protection, transportation, parks, water quality improvement, and waste disposal. In addition, the City recognizes its role within a larger regional context and shall plan in cooperation with neighboring municipalities and other towns in the region. Quality Environment The City plans to protect the aesthetic quality and maintain the diversity of the living environment, both natural and man-made, through open space preservation; minimized view disruption; acquisition of adequate lakeshore properties; protection of watercourses, wetlands, and wildlife habitats; requirements for landscaping, buffers, and setbacks; protection for historic and cultural resources; and maintenance of ample outdoor recreation facilities. Both fiscal and statutory resources shall be used to this end. Land Use Distribution The City shall encourage a land use pattern generally consisting of a higher density, compact urban core in the Dorset Street/Corporate Way area (i.e., proposed City Center) , continued investment and growth in the City's existing developed corridors (i.e., Shelburne Road and Williston Road corridors), and generally decreasing densities and less intensive uses toward the more rural communities to the south and southeast. The City shall strive to maintain an appropriate balance between residential, commercial and industrial development and open space and natural resource preservation. City Identity The City shall strive to establish a vital and dynamic focal point consisting of residential and commercial uses and public spaces in the Dorset Street area. This City Center shall welcome travelers to the City and provide an exciting area for residents and visitors to live, work, shop and recreate. Housing The City plans to encourage structurally sound, safe housing for all income levels, provide its fair share of the region's affordable housing stock, disperse affordably priced housing throughout the City, direct housing which is affordable to families with low and very low incomes to areas conveniently accessible to employment, shopping and transit systems, make available housing in a variety of configurations, and locate housing close to community focal points and transportation systems. Protection of Residential Neighborhoods Existing and developing residential neighborhoods shall be identified and protected through appropriate zoning and responsible site planning. Many of these residences constitute an irreplaceable, lower cost segment of the City's existing housing stock. Democratic planning requires citizen participation in decision -making. The City invites and will encourage and utilize citizen participation through public meetings, citizen committees, forums and the media. Land Use Through Zoning The City plans to zone land for its best use, taking into consideration the physical nature of the land, the economics of its development, its relation to existing uses, and the needs of the community as a whole. Balanced Rate of Growth The City plans to maintain an orderly, balanced, and reasonable rate of economic and population growth, commensurate with it's ability to provide municipal services and facilities. Growth shall be planned through phased construction of commercial and residential projects. The City plans to project and budget for the cost of municipal service expansion as comprehensively and accurately as possible. Agricultural Lands The City plans to assist, support, and promote agricultural use of land wherever possible. In order to encourage the continuance of agricultural use, the City shall explore such means as transfer of development rights and land trusts. Economic Development The City will promote a stable and orderly rate of economic development to provide new employment opportunities. The City will remain aware of the substantial secondary effects of this development, ,such as increased demand for new housing, more numerous and extensive municipal services, and environmental degradation, and work to minimize such effects. The City's goal is to create a balanced tax base of residential and nonresidential development. Transportation Expansion and improvement of all modes of transportation including private automobile, public bus transit, air, rail, water, biking, walking, ride sharing and private sector involvement shall be encouraged. Such expansion and improvement shall be consonant with equal access for all income levels and abilities, costs, orderly and continued economic growth, existing and proposed land use, the fixed supply 11 Cc w 0 Z7 � v o o ro L, QJ A discussion of the various land use categories and areas of special concern (i.e. ,� Q City Center and Southeast Quadrant) identified on Map 8 is provided below: 1. City Center/Mixed Use Growth Center This growth center is designated for the Dorset Street/Corporate Way area of the City. It is intended to consist of higher density, mixed uses including residential, retail, office, and the municipal and school complex. This area is planned to be the focus or physical center of the City where people and visitors can live, work and shop within a physically attractive, pedestrian friendly environment. A more detailed discussion of the proposed City Center is contained within Chapter XVI of this plan. 2. Commercial Centers These areas generally follow the Shelburne Road and Williston Road Corridors These areas are intended to consist predominantly of commercial uses, however, residential and industrial can be mixed throughout the area. These centers are generally already developed with commercial establishments. Therefore, growth will occur primarily as infill or conversion development. The City encourages mixed -use development in these areas (e.g.mixed residential/commercial or mixed retail/office/restaurant) to encourage pedestrian movement, use of public transportation services, and shared parking opportunities. These areas are intended to meet both local and regional shopping and employment needs. 3. Industrial Center This area is located in the northern and eastern portions of the City surrounding the Burlington International Airport and extending southward to immediately south of I-89 along Route 116. This area is intended to consist predominantly of industrial uses, however, may include a mix of commercial and limited residential use. This area will serve as both a local and regional employment center. This area of the City is most appropriate for industrial uses as it provides direct, easy access to the airport and is compatible with airport activities such as airplane noise and approach cones. 4. Residential Areas The Proposed Land Use Map designates areas of varying residential character which are defined as follows: ' o High density: 5.1 units/acre and greater o Moderate density: 1.1 units/acre - 5 units/acre o Low Density: 1 unit/acre and lower o Residential and Open Space: low moderate density residential use with an emphasis on innovative design and layout (e.g. clustering) to promote and preserve open space, natural features, scenic views and continued agricultural use., In light of the goals described in this section, the City recommends a general land use pattern of higher',r'esidential densities in the urban core with a transition to lower densities on the periphery. As shown on Map 8, high density residential is 18 CHAPTER VI HOUSING Shelter is a basic need and providing for housing is a fundamental element of the Plan. The availability of quality housing, and quality affordable housing, is important in attracting and retaining a qualified work force. The City's housing objectives include: 1. Help foster the creation of housing opportunities for people of all ages, income levels and degrees of mobility; 2. Identify and protect existing and developing residential neighborhoods; 3. Locate higher density, affordable and elderl�r housing near schools, st parks, shopping areas, employment centers, and transportation links so as to provide convenient access and minimize energy consumption; 4. Plan for an adequate supply of units in conformance with the City's policies on planned growth and economic development as well as the needs of the regional housing market; 5. Maintain a variety of housing types, in terms of rental vs. owner - occupied, density, design, and configuration; and of 6. Assure safe and sanitary inadequate elter where the sewage disposal ad dangers water euupply 1 are faulty construction, �l. minimized. A. HOUSING SUPPLY The housing supply in South Burlington has grown steadily in the past 20 years. During the 1970's and 1980's, the table 6 lotal ber Th s re housing reseunits nts an averaincreased annual by 38% and 37%, respectively (T ) owth rate of about )Is he Cit es houach sin de between 1970 and growth slowed somewhattotoI ntavera se three ears of the 1990's the Ci annual growth rate of rou hl 1. 5% to reach a total of 5 688 g nitos �ri 9 Table 6 1 also housing growth has slightly outpaced the county's housing gr ock is increasing. indicates that the City's share of the County's housing st The City experienced rapid housing growth during the As cpan be seen in Figure B91eriod from the latter 0of through the mid-1980's (Figure B-1, Appendix Appendix B , the rapid increase was due 1Cigelexperiencedmulti-family dower ratle of housing ent. During the latter 1980 s and early 9� 90 y growth and a shift to predominantly single-family detached development. B. HOUSING COSTS The costs of single-family detached housing in South Burlington increased ince steadily in the mid and late 1980 eto ad to a 1993 avein rage90 °sales p f $156 oo e of approximately.__ ximately $145 , 000 . housing costs have le Figure 6-1 also indicates that housing costs in the City have in general remained 22 W elimination of impact fees for affordable housing. e) Form an affordable housing task force whereby City representatives would work with developers, engineers, site planners, architects, business leaders, utility representatives, housing professionals, bankers, and residents to: (1) find means for facilitating affordable housing; (2) explore long and short term affordability strategies, such as those listed in (d) above; and (3) develop policies and make recommendations to the City. [ gj-- Provide-theft-the--C-ity- Att-crney-t-eview-- tnd- ap rave-provisi,&nsOf ho�teovyne�s-assc�ei�tiQe-by-laws-anel-eleelsrat-iens f�aH-matters�elat-e�k-te-t�eptrblie i�tei est— ) [h�--Continue-to-prro-ide-hOU- ifrgfor-the All veling-pairiie--(irrote-ls-and-inns; ete-j ] 2. Protection of neighborhoods - a) Provide prompt, equitable enforcement of the zoning ordinance to maintain the character of existing residential neighborhoods. b) Create additional landscaping and setback requirements around the perimeter of residential neighborhoods which abut higher intensity, potentially incompatible land uses such as commercial and industrial. c) Encourage multiple street and pedestrian connections to and between residential neighborhoods in order to provide adequate emergency access and traffic distribution However, such connections should be designed in a circuitous manner in order to [ D ] discourage through -traffic (i e , traffic which does not originate or terminate in the neighborhood) so as to sustain a safe, quiet living environment. 3. Location of new housing - a) Locate higher -density, affordable and elderly housing where the broadest range of services and amenities, both public and private, presently exist or are planned. b) To encourage more rental housing, consider new locations within or near certain non-residential uses, in the rehabilitation of larger, historically significant structures, and as buffers between residential neighborhoods and commercial land uses. 4. Supply of new housing - establish residential districts of sufficient size and density in accordance with the Land Use section of this plan to allow for continued construction of new housing. 5. Variety of housing types - a) Establish a mix of zoning densities and provide other incentives to encourage a variety of housing types. b) Encourage a variety Sf housing configurations through innovative use of PR.D 30 c) The City should acquire land along the ridge on the easterly side of Spear 0. Street across from Deerfield Drive for a multipurpose park, including view preservation of the Adirondacks, Lake Champlain and Shelburne Point. This land should be acquired through outright purchase or subdivision exaction. 7. Protect the quality of the City's air - a) The City should pursue whatever options it has to establish air quality monitoring at critical places, especially near major transportation routes. This could include a mobile air quality station and investigation of traffic flow patterns and alternative options for flow should be pursued. b) In evaluating potential impacts on air quality, attention should be given to cumulative impacts, both from traffic generated within South Burlington and from traffic generated in other communities. 8. Protect the City's wildlife - a) Individual lot design should fit in with adjacent and nearby lots, to provide clusters of wooded or field vegetation, left in a natural 'state sufficient in size to naturally maintain present wildlife populations. b) Larger districts, such as the Southeast Quadrant, should be planned so that development is concentrated. Large tracts of open space, essential to many of the larger species, should be maintained. c) Even areas facing the most development pressure, such as land between Shelburne Road and Lake Champlain, are critical wildlife habitat. As these areas are utilized, open space (woods and fields) should be of a [main-tained in] sufficient size that [same] wildlife populations can be naturally maintained. i 9. Protect the City's natural areas and forest lands - a) The City's natural areas and forest lands which are currently under public ownership should remain in public ownership for public use. b) The City's natural areas and forest lands which are under private ownership should be preserved through creative land use practices such as cluster development. c) Complete street tree inventory and encourage tree plantings wherever possible. Encourage public education about tree functions in urban areas through cooperation with the UVM Horticultural Farm and Vermont Department of Forest Parks, and Recreation, Urban and Community Forestry Program. 42 5 •• THIS MAP IS CURRENTLY BEING UPD6TED. FINAL VERSION WILL BE PRESENTED AT THE PLANNING COMMISSION PUBLIC HEARING. 1UUrff fRTRlJN(;,roN PLANNING COMMISSION ZI20l4G CEDAR RIDGE TOWNHOMES ACT 250 APPLICATION EXHIBIT 29 Chittenden County Regional Plan Excerpts i CHITTENDEN COUNTY ' REGIONAL PLAN Mi TON f -\ WESTFORD7K �\ r COLCHESTER / / \ UNDERIULL ESSEX \, BURLIN ON r 'L- JERICIIO !I r SOUTH ��, BURLINGTON WILLISTON / STN RICH11OND DOLTON SHELBURNE 1 EORG / MESBURG , CHARLOTTE 1 HUNTINGTON / 1 ` ! ' 1 l , f Adopted November 12, 1991 1BUE4 Chittenden County Regiond Planning Commission ,f Essex ,kmmction, Vermont 05453 !� FUTURE LAND USE MATRIX -.......................... ........................... ............. ...................................................................................................................................................................... RECOMMENDED water Sewer Paid Eire Paid Police Public Municipal zoning Subdivision Capital Plan Building Vol. Eire Park Highway RESIDENTIAL AREA DESIGNAIIDN Service Service Protection Protection Transportation Plan By-laws Regulation and Program Codes Protection Standards Standards PURPOSE DENSITY .............................................................................................................................................................................,............................................................ iegional Grov'n Center YES YES YES YES YES YES YES YES YES TES NO YES YES Manufacturing, e0.70 units/acre m office, gover rnent, cultural facilities, residential, regional shopping center, civic and convention center, _ hospital, recreation, education Sub-regi onal YES YES OPT. YES TES TES YES YES YFS YES OPT, YES YES Manufacturing, 25-30 units/acre m: Growth Center office, co,vie rcial, shopping center, residential, recreation - education, agriculture Growth Center OPT. OPT. NO OPT. OPT. YES TES YES YES YES YES TES YES Residential, local up to 10 units/acre .ocal ci—erciat, public facilities, recreation, education, convenience shopping, agriculture, urban Mixed Use YES YES OPT. OPT. OPT. TES YES YES YES YES OPT. YES YES Residential, industrial, per local by-laws commercial, public offices, education, agriculture, recreation, convenience shopping aural Mixed Use NO NO MO CPT. NO YES YES YES TES NO TES TES YES Residential, public per local by-laws office, education, W convenience shopping, recreation, agriculture 1 industrial/Commercial YES TES OPT. YES OPT. TES TES YES YES YES OPT, YES YES Residential, commercial, per local by-laws industrial, office, . public facilities, edreation, . — — recreation, convenience shopping, agriculture - Agricultural Area No NO NO NO NO YES YES YES YES NO TES TES YES Agriculture, forestry, low gross density (I residential unit/10 acres) with clustering to alloy smaHer lots and - compact layouts, or per local bylaws toresl/Mountain Area w0 NO NO NO NO TES YES TES YES NO TES YES YES Forestry, agriculture, Low gross density (1 recreation, residential unit/10 acres) with - clustering to allow sarlier lots and coapact layouts, or per local bylaws major Open Spaces NO NO NO NO No YES TES YES YES No YES TES M.A. Conservation of areas of zero - - public investment, agriculture, recreation aesort Area NO No NO No No TES YES YES YES No YES YES YES All season recreation per local by-laws Shoreland Area OPT. OPT, OPT. OPT- OPT. TES TES YES YES YES OPT. YES YES Protect envirorvnental and per local try -laws - aesthetic Quality and - reduce flood hazards. Special Conservation NO MO No NO NO YES TES YES YES No NO YES YES Conservation of areas Zero Areas ........................................................... of public investment ............................................................................................................................................................................. ✓ma:rix CCRPC 11/01 Chittenden County Regional Planning Commission ---------------- November 12, 1991 Regional Plan terminating the present use of this facility, its key location justifies olannina for Dossible future uses of the site. C. Local Growth Centers These will provide housing, convenience shopping, employment opportunities, municipal offices, recreation opportunities and public education facilities fully supported by appropriate infract-riir^fure_ D. Urban Mixed Use These areas are primarily residential and adjacent to growth centers, but may also include shopping centers, industrial/commercial uses, public education facilities, health care facilities, public offices and recreation opportunities. Moderate development should occur in these areas in order to channel the majority of the Region's future growth to the growth centers. Development that does occur must be adequately served by that area's infrastructure and consistent with the land's capability for development. E. Rural Mixed Use These areas are mostly rural residential with some convenience shopping, education facilities and municipal offices included. Minimal further development should occur in these areas in order to channel the majority of the Region's future growth to the growth centers. Development that does occur must consider the land's ability to support that development, assimilate waste and supply water. F. Industrial/Commercial Area These areas consist of those industrial, office and commercial areas not located within growth centers. While further development within these areas can continue, the majority of future industrial and commercial growth should be directed to the designated growth centers. Further development in these areas must have adequate infrastructural support and consider the land's capability for development. G. Agricultural Area This area includes the Region's most valuable farmlands and scattered residential development. It should be designated for primarily agricultural uses as much as possible. Future residential development within this area should be relatively low density and clustered. The land's capability for development must also be determined prior to allowing development. -33- rd's Ea ALA . 9 h WMINN MA top, IN .►ass �� - ' •T d I mAAmIt , at 4.1 IF INS A �.nn�. 1A•i�� �' �r��rT9f`�f. �• :kytiryGY it y4t ��",7 �� 1 �fi'.�`►���... +il�� ry'�` � ' �'•:•t Al �.. �LS.A .• •�� ♦r 1 � ) Y S 1111� b4. �� I ! - - � � a • • • i'• • • •• •• • �. ;ram z _ ��r •• • • • • • • •• • • i • (!�;• • • ���«J.I.++yiii�irG �.r South Burlington Realty Company 366 Dorset Street South Burlington, Vermont 0540,3 (8O2) 863-9039 July 17, 1995 Mr. Joe Weith, Planner City of South Burlington 575 Dorset Street South Burlington, VT 05403 RE: Planning Commission Minutes May 9, 1995 Dear Joe: In the Planning Commission minutes for the May 9 meeting, which I received today, there are some items which I feel are in need of correction and/or elaboration to accurately reflect what was said at the meeting. The minutes: "The biggest problems are class 2 and 3 wetlands... They don't intend to infringe on those buffers and won't cut or fill in wetlands. They do propose a modest amount of cutting in a class 3 wetland. They will remove..." Suggested correction: The biggest problems are class 2 and 3 wetlands. They do not plan any construction activity or disturbance within any wetland or within the 50 foot buffer zone associated with the class 2 wetlands. They do propose a modest amount of cutting within the 50 foot South Burlington C.O. Zone which borders the class 3 wetland. This 50 foot zone is established by South Burlington zoning, and is not a part of the state wetland protection. They will remove... The minutes: "Mr. Weith noted they need 20 ft. driveways and there is also a requirement for storage of recreational vehicles. Mr. Brush said they plan to have a stipulation in their agreements that recreational vehicles were not allowed." Suggested correction: 1) Mr. Brush said they plan to have a stipulation in their condominium documents that ... 2) Add wording to indicate that Mr. Weith, with the concurrance of some or all of the Commission, indicated that the proposed solution would be an acceptable method of complying with the regulations. If you should need any more input on this, please give me a call. Thanks. Prime Real Estate — Commercial, Residential, Industrial Development n r Design, Build, Lease, Consulting oh Jae 95 ee - '44 iy X <r)� � -) *-) ) Z/yo v Cih� PLANNING COMMISSION 2b iidren 1995 page 2 future. Some equipment will be moved to Vermont from Maine. The extrusion tower will be 52 ft. high and will be built in July, 1995. Rainbow will be purchasing the building by the end of May. Mr. Osselaer said Rainbow anticipates employing 125 people by the end of the year. This could increase to 156. Employees will be trained in Europe and the U.S. Mr. Burgess noted that parking, sewer, and lighting issues have all been addressed. The first item of concern is landscaping. There is a requirement for $15,500 which the applicant is not proposing to meet. Mr. Burgess noted $150,000 in landscaping was put in when the building was built. He added that the Zoning Board granted a height variance with the condition that the impact of that height be mitigated by color, plantings, etc. Ms. Pettersen reviewed the site plan sA ng the location of the proposed tower. She said they believe original planting far exceeded what would be required today and that they were asking for a credit for this. Mr. Sheahan said he felt the site was well landscaped but did feel there was landscaping that could be put in in the immediate area of the tower structure. Mr. Weith agreed, saying land- scaping could diffuse the visual impact of the tower. He noted the applicant is proposing a berm on one side, but he felt this could be done on the north and northeast sides as well. Ms. Pettersen said the landscaping issue was brought up by the O'Briens because of the view from their house. She said the applicants have met with the O'Briens and will be planting some screening on the O'Brien property. Mr Burgess stressed that this is a different issue. Ms. Pettersen showed a cross-section from Kimball Avenue to the tower and said that with the proposed sub- division buildings and landscaping, they felt the tower would be screened. A) Mr. Sheahan still wanted to see something to softeg, the tower. Mr. Teeson said the northeast side doesn't bother him but he would like to see something to soften the north side, possibly a berm with 10 or 15 white pines. Mr. Sheahan said that would be acceptable to him. Mr. Doremus of GBIC suggested waiting until the other subdivision developnment occurs to see what is needed. He noted that GBIC will own it all and lease it to Cynosure. Mr. Beaudin asked if there is any potential for the building to I PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 May 15, 1996 John Jaeger South Burlington Realty Company 366 Dorset Street South Burlington, Vermont 05403 Re: Residential PRD, 201 Patchen Road Dear Mr. Jaeger: ZONING ADMINISTRATOR 658- 7958 Enclosed is a copy of the Findings of Fact and Decision on the above referenced project approved by the Planning Commission on April 16, 1996. Please note the conditions of approval including the requirement that the final plat plans be recorded within 90 days (7/15/96) or this approval is null and void. If you have any questions, please give lye)a call. ly, ` ,fir 4f -- 6e Weith, ity Planner JW/mcp 1 Encl CHANGES TO PATCHEN ROAD PROJECT SOUTH BURLINGTON REALTY MAY 109 1996 - Changed project name to Cedar Townhomes - Changed road name to Juniper Drive - Split the land into Lot 1 and Lot 2 - - Added note that Lot 2 may not be developed - Corrected spelling of Queensbury Road - Changed location of nature trail to link with Patchen Place - Re -graded area by buildings 17-20 to eliminate some walls and lower the remaining one Eliminated small section of center island in public R.O.W. Increased road width in divided section to 20 feet on each side - Increased radii of driveways at building 4 - Added 60-foot diameter turning area at the "Y" - Moved trees approximately 6 feet off sidewalk in the public street area - Added 10 white pine trees in the area nearest the closest Summerwoods building, with a note that location is to be approved by City Planner 20 Criterion 10) Local and Regional Plans. Demoi. to that the project conforms to the municipal plan or r,sional plan or municipal capital program adopted under 24 V.S.A., Chapter 117: a) Is there a duly adopted town plan? If so, explain how the project conforms to that plan with regard to land use, goals and objectives, and comments from local authorities (include copy of plan's land use map, relevant plan language on appropriate land uses or building densities, letter from the planning commission, etc.). This project conforms to the City of South Burlington Comprehensive plan. In general terms, the Plan designates the area of the project for moderate density housing, which the Plan defines as 1.1 to 5 units per acre. The Cedar Ridge density is 3.31 units per acre, with residential buildings and other improvements clustered in order to devote a substantial portion of the site to protected natural areas. The Plan identifies the following objectives and principles, with which this project is in conformance: - Location of higher density housing near schools, parks, shopping areas, employment centers and transportation links so as to provide convenient access and minimize energy consumption. - Creation of a variety of housing types in a variety of price ranges. - Creation of multiple street and pedestrian connections to and between residential neighborhoods. - Protection of natural areas, including through creative use practices such as cluster development. \ See City of South Burlington Comprehensive Plan 1996, Excerpts (Exhibit 28). b) Indicate what type of land uses are encouraged or allowed on the project site under the regional development plan if one exists (include copy of plan's land use map, relevant plan language on appropriate land uses or building densities, letter from the regional planning commission, etc.) (Contact your regional planning commission for assistance.) The Chittenden County Regional Plan designates the project area as "Urban Mixed Use", the purpose of which includes residential and a variety of other uses, with density "per local by-laws". c) Does the municipality have a capital program? If so, indicate how the project conforms to that program. (Note: contact your town planner or planning commission for assistance.) The City of South Burlington does have a capital program. This project is in an area already served by the City's infrastructure, and does not require any capital improvements by the City so there is no direct impact upon the City's capital program. This project will pay impact fees for capital improvements which are based on the City's capital program. 10 Criterion 5) Highways and Other Means of Tria.. rtation. Demonstrate that the project will not cause u,..lonable congestion or unsafe conditions with respect to the use of highways and other means of transportation: a) Indicate where vehicles will have access to a state or local highway from this project. (Show location on site plan and on site location map. Vehicles will have access to Patchen Road, a South Burlington city street, via the proposed development roadway which will be named Juniper Drive, at a point approximately 240 feet north of Richard Terrace. A secondary access to Patchen Road will be available via Arbor Road, to which Juniper Drive will connect. Arbor Road intersects Patchen Road approximately 320 feet south of the proposed Juniper Drive intersection. See Plan Sheets SP 1 and SP2. b) Describe the design of the driveway(s) or road intersection(s) and demonstrate adequate safety (include number of lanes, traffic controls or signals, approach grades, sight distances in each direction along the state or local highway, legal speed limits, etc.) (Show details on site plan.) Juniper Drive will have a 30 foot pavement width, with curbs and a sidewalk throughout the portion which will become a public street between Patchen Road and the connection to Arbor Road. The intersection with Patchen Road will be a simple "T" with no signalization. Juniper Drive will meet Patchen Road at a 90 degree angle, and for the first 450 feet Juniper Drive will slope downward from Patchen Road at a grade of 1.07 percent. The sight distances from the Juniper Drive Ieg of the intersection are in excess of 500 feet to the north and south along Patchen Road. The speed limit on Patchen Road is 25 m.p.h. . c) Is a permit required from the Utilities Division of the Agency of Transportation for commercial or residential access onto a state highway? —Yes or X No? (Contact the Utilities Division of the Agency of Transportation at 828-2653 if you are uncertain.) If yes, what is the status of your application? d) Is a permit required from your municipality for access onto a town or city highway? _Yes or X No? (contact the zoning administrator, town manager, or road commissioner). If yes, what is the status of your application? Approval for connection of Juniper Drive to Patchen Road was incorporated into the South Burlington Final Plat Approval (Exhibit 4). No further permitting is required. e) If a roadway is involved, indicate the length of the road and the maximum gradient. (show road location, profile, and cross sections on site plan unless waived by District Coordinator) The project roadway, Juniper Drive, will be approximately 1900 feet long. In addition, Arbor Road will be lengthened by approximately 80 feet to connect with Juniper Drive. The maximum gradient on Juniper Drive will be 7.8 percent. See "Road Profile", Plan Sheet P1, and "Typical Road Section", Note 6 on Plan Sheet D7. f) If a subdivision roadway is involved, is it likely to be turned over to the municipality? Yes or _No? If yes, will the road be built to municipal specifications? XYes or �No? Is the municipality likely to accept the road? XYes or �No? (Include letter from the municipality confirming this.) IF YOU ANSWERED NO TO EITHER QUESTION, BE CERTAIN TO ADDRESS CRITERION 9G (PRIVATE UTILITIES). The portion of Juniper Drive between the Patchen Road intersection and the point of connection with Arbor Road, along with the extension of Arbor Road, will be constructed to City standards and will become a City street. The balance of Juniper Drive will remain private. See South Burlington Final Plat Approval (Exhibit 4). g) Demonstrate that emergency vehicles and trucks will have sufficient access into the project site and can easily turn around. (Show details on site plan.) The portion of Juniper Drive between Patchen Road and Arbor Road will have a 30 foot pavement width and will be accessible from either direction. To the west of the Arbor Road intersection, Juniper Drive is a divided roadway for approximately 100 feet with a 20-foot, one-way lane width in each direction. The divided roadway helps ensure that at least one 20-foot lane will remain open even if an accident should occur. The remainder of 15 SP2 and D8. ix) Indicate if any restrictions on tree cutting or earth disturbance will be used to minimize any of the visual impacts discussed above. (Show details on site plan.) In order to maintain the effectiveness of the extensive wetland buffer zones, a prohibition against tree cutting and other disturbance within the wetlands and buffer zones has been incorporated into the Cedar Ridge Homeowners' Association Rules and Regulations (Exhibit 3). c) Will the project have a significant impact on a historic site identified by the Division of Historic Preservation? _Yes or _No? (Contact the Division for Historic Preservation at 828-3226 for guidance.) If yes, what measures will be used to minimize or mitigate the impacts? d) Will the project have a significant impact on a designated rare or irreplaceable natural or fragile area on or near the project site? (Contact the Vermont Natural Heritage Program at 241-3700 for assistance in identifying natural or fragile areas.) Criterion 8A) Wildlife and Endangered Spq! ies. Demonstrate that the project will not destroy or significantly imperil necessary wildlife or endangered species habitat: a) Indicate whether any critical wildlife or endangered species habitat exists on or near the project site (include deer wintering areas, bear feeding areas, pristine rivers or streams, wetlands, or the like.) (Contact the District Fish and Wildlife office for assistance in identifying wildlife habitat.) (Contact the Vermont Natural Heritage Program at 241-3700 for assistance in identifying endangered species habitat.) (Show areas on site plan.) There is no critical wildlife or endangered species habitat on or near the project site. See letter from District Wildlife Biologist (Exhibit 21). b) If critical wildlife habitat exists on or near the project site, indicate how the project will not destroy or imperil that habitat, or indicate what mitigation measures can be taken to minimize the impact (prepare response to the subcriteria of Criterion 8(a)). (Show details on site plan and attach review letter from the Department of Fish and Wildlife). Not applicable. No critical wildlife habitat exists on or near the project site. Criterion 9A) Impact of Growth. Will any increase in population associated with the project create an undue financial burden upon the ability of the town or region to accommodate such growth: a) If the project is residential in nature, indicate how many additional people may live in the project, what portion may be seasonal, and what percentage of the total population of the municipality this project represents (include population or housing statistics, etc.). Using The New Practitioner's Guide to Fiscal Impact Analysis, by R.W. Burchell, et. at.(1985, New Brunswick: Center for Urban Policy Research.), and based on the maximum anticipated buildout of 46 2-bedroom and 46 3- bedroom condominiums, this project may be expected to add approximately 235 residents to the City of South Burlington. This represents approximately 1.8 percent of the 1996 population of approximately 13,000. b) Does the municipality have the financial capacity to accommodate this additional population growth or indicate what mitigation measures can be utilized to offset the financial burdens on the municipality (include letter from the municipality, reference answers to criteria 6 and 7, fiscal impact report, etc.)? The City of South Burlington has the financial capacity to accomodate the additional population without significant financial burden. This project will be subject to impact fees for eduction, recreation and road improvements, and will contribute substantial taxes. The condominiums will also pay sewer and water usage fees and will privately maintain most of the project roadway. See Municipal Impact Form (Exhibit 18), letter from Joe Weith, City Planner (Exhibit 13) and South Burlington Final Plat Approval (Exhibit 4). Criterion 913) Primary Agricultural Soils. Demonstrate that the project will not significantly reduce the agricultural potential of primary agricultural soils: a) Does the project site contain primary agricultural soils? If so, indicate how many acres. Has the project been designed to minimie the impact South Burlington Realty Company 366 Dorset Street Sout1MCf l0P64NW1AJM5403 (802) 863-9039 TO: Joe Weith FROM: John Jaeger RE: Cedar Ridge o es (formerly Centennial) DATE: July 1, 1996 For our Act 250 permit, which I would like to submit this week, we need a letter from you covering the following points: - Confirmation that the City is likely to accept the portion of Juniper Drive which has been planned as a city roadway (criterion 5(f). ) - Confirmation that the City has the financial capability to accomodate the additional population expected as a result of the project (criterion 9A(b).) - Confirmation that the project conforms to the City's Comprehensive Plan and Capital Plan (criterion 10(a). ) In addition, we need for you to complete the Municipal Impact Form, attached. I have attached copies of the departmental signoff letters for your information, as well as a copy of our responses to the Act 250 criteria listed above. Thanks for your help with this! Prime heal Estate — Commercial, Residential, Industrial Dcvclopmcnt Design, Build, Lease, Consulting City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 Mr. John Jaeger South Burlington Realty Company 366 Dorset Street South Burlington, Vermont 05403 Re: Cedar Ridge Townhomes, Patchen Road Dear John: ZONING ADMINISTRATOR 658-7958 July 10, 1996 In response to your request regarding the above referenced project, please note the following: 1. The City is likely to accept the portion of Juniper Drive which has been proposed to be a city street. That portion must be constructed to City standard and will be inspected by the City prior to acceptance. 2. The City has the financial capability to accommodate the additional population expected as a result of the project. The anticipated population resulting from the project falls within population projections contained in the City's Comprehensive Plan. 3. The project conforms to the City's Comprehensive Plan and Capital Plan. Please do not hesitate to contact me if you need any further assistance. erely oe Weith, ity Planner r 1 l SCHEDULE G-2 I, South Burlington Realty Co., hereby give notice to those persons (applicant) on the attached list that I propose to construct a condominium project comprised of 92 condominium units in 23 buildings with =/- 1,950 feet (describe project) of new roadway and related improvements, with city water and sewer, , on a track of +/- 27.76 acres in the town of South Burlington, Vermont. This project is located on Patchen Road (Route #, Street location, Road Name) A copy of the application may be viewed in the town offices. If you have questions about the application, please contact District 111 West Street, Essex Junction, # 4 Environmental Commission, �xB�xSaex��t�� -VermQnt 05 5 Telephone # (802) 879-6563 kkX-%C=3CR§JY'x i x x x 3xxx 4c c �z t �k c:\mis\schedg-2 i �i C A N A D A Sat fit/ Richford sp PAremapo A a. alent kes EXPLANATION g„ I N nr , La a t n jtftastsq ti w elfin 'f f A N K L I N o c Isle La a /I = ` ow II stand Igneoua Rucks• .Albano _ r 0 L E �C fond I `f `Z "-- Grande, eyemte, basalt, dunite, periduL- its, n knife. take Crst.1: nr ��� Lake it leby E S X rr t Eden La+nnit � East Haven I to le. State, phytlar, limestone, quartzite, e = Oh On ` r - glnmemte, grPenatonP, xehist, nmphilw- L A M 0 L E Cos an lice. Intrudedbyganite,andsyenite. j� �ULr e � -- C eater V Har k Y 13 LINGT( E N D E N C A L E D O L A �t,/ Ordovician Taconic Range -Slate, ,sm, eke, quartzite, Irmexrorv, cunglum- crar:+ee, mnrblr. X / V _ SL. •' Champlain -Vermont rdl+ys-Shale,dolumite, limvxlmrn quartz- 0 Jyr Johnsbury % u.e, nhvlhLe, slate, sandsL.me, h `l � (�` gl te ra. mnrblr Green Mountains—Phyllile, schist quartzite, grernsfone, slate, O $, 4, i m g aywacke,g ' conglomerate•amphib- ` , of Eastern Vermont Phy11iU•, quartzite, greenswnr, schist, Rnt Monkto W �N T nest slat.•, rtmphilzAlr. >_ ",.1 idge _ ' `- Intruded by granite, sYenile, basalt, ulfrabax+c rocks. M NT ELIEIt Barr - W I/ 1 Bristol 1 I -- Taconic Range —Slate, graywacke, quartzite, limestone, phyllile, / sandstone, marble, dolomite. %}< ; Champlain -Vermont valleys--Quafzrfe, dolorrt tr, slate, phyilite, sandstone• shin`,, limestone. 1 conglomerate, marble. I Ar lidd b ry 0 A N G E Green Mountains—Scghbm rhyllife, quartzite, dolour te,elime- con- yreenx tzit alone• gnetsx, amphiboltle. J Lake Intruded by ullrabasic rocks, basalt. Ylorrv. r 4 m lei v r Lab , S) air I O llLake;:South \ Dunmo • S6rxfloQ w Precambrian \ Z Champlain Valley (small area) - Gneiss, quartzite, granulite. Z r Green Mountains - Sehixt, gneiss, melagraywarke, quartzite, art •aleite marbles,o- and dolomite amphib lite. Eastern Vermont Carixx, w;hixl, quartzite, rtd+ite, and doh, mine marble. amlrhit lite t ake ` L \ \\ f -Predominant and important rocks in italu�.s. Ito eeln 1 1 r - '\'hite Earth Materials• stleton / oot Lock `te i / River JCL. Taconic Range —Slate, marble. West tut i + ttOttUv j Champlain -Vermont valleys Limes'une. marble, clay, kaolin. Fair Ve R U Ftl a Green Mountains —Talc, asbestos, verd antique marble, road - I D 0 R A.— OUIAI Eastern Vermont —Granite, talc• road.tone, copper (now inac- tive). -For uses consult The Mineral to of Preprint, a h ins Classic Structures U. S. Bureau off Mines. Preprint, obtainable from Superintendent of Documents, U. S. Government t _ _ Printing Juice, Washington, D .C. vv11 hit ` r r 20402 l t Y ti• T1_CH� Also, use information available Wi•nl ti th r j` Its( Champlain thrust fault from the mineral industries, D•nby t ;a've The more detailed Centennial Geologic Map of Vermont, Scale J'7�T�r I'25Q000, available from State Librarian, Vermont State Library, Montpelier, Vermont 05602. Write for publication Taconic klippe list. ' Hinesburg thrust fault. Match r •1L k ?a. 1 GENERALIZED W I N GEOLOGIC MAP OF VERMONT 1970 Ben sb tkt�arK 1 { SCALE ,�1 •, ,� w a p Br LIeboro 4 0 4 8 12 16 MILES Adapted from the Centennial Geologic Map of - - _ Vermont by Charles G. Doll, State Geologist. Vermont Geological Survey M A S S A C 11 U S E T T S A , State of Vermont Department of Fish and Wildlife 46, „ M �., Department of Forests, Parks and Recreation M Department of Environmental Conservation a5rt�`3x�fi^''1t� Office of the State Geologist Natural Resources Conservation Council July 9, 1996 Mr. John Jaeger South Burlington Realty Company 366 Dorset Street South Burlington, VT 05403 Re: Cedar Ridge Townhomes Dear Mr. Jaeger: AGENCY OF NATURAL RESOURCES 103 South Main Street Center Building Waterbury, Vermont 05676 C.JS1o11 —830� Office of the State Geologist (802) 244-5164 Qy 1-3N 9 b Cedar Ridge Townhomes Act 250 Application Exhibit #31 Thank you for your letter of June 28th in which you request comment from the State Geologist's Office regarding an Act 250 application for the above mentioned project. We have reviewed the project with respect to Criteria 9D and 9E, which refer to the extraction of earth resources, and have the following comments: 1. Based on data from the "Sand and Gravel Resources of Vermont Map," 1993, published by the New England Governors' Conference, Inc., the parcel in question lies in an area of known sand deposits, but also lies in a land exclusion area which "includes areas where sand and gravel resources are assumed to be unavailable because of the following land use: a) built-up areas, b) critical habitat, c) public water source protection, and d) public lands." In your case, letter "a" satisfies Criterion"91). 2. Since the project does not involve the extraction of minerals or earth resources! Criterion 9E does not apply. I hope this answers your questions. If you need further information, please contact me. Sincerely, Laurence R. Becker Vermont State Geologist Regional. Offices - Barre/Essex Jct./Pittsford/N. Springfield/St. Johnsbury 0 cn CEDAR RIDGE TOWNHOMES "B" STYLE BUILDING ROBSON BILGEN ARCHITECTS P.C. II II II l6rfrTMYr7f Iluttnunun 11UUUL II i► II it II II SIDE ELEVATION SHOWING OPTIONAL FEATURES 0 5' 15' W u l N Q N-7 H 1i FRONT ELEVATION SHOWING OPTIONAL FEATURES 0 51 15' U m FUU-- �U .I pU� Q �D C9 J_ m Z O W m O i • U U Q O J f nrcr rrrr rtrr.aj�� r nr�r I ] 11GIII11111111 I Iruuuwtawluuuuuu� �wwLuu�uUuiuxu� I 1 it 1 f frcnrt fin affirl f N A 1 11"a allaii�lll➢aal irr3Tl ania 1 1LL 62f1M1ldLlL {Ulan U U 111 lAL 131U.0 LUUw M ll I ---- ----- ----- H rr=�irr --11 4 lil II IIII — It1-7 II n II I tll IIII 4 14 �i W F. IL _A � - jj II II � REAR ELEVATION W a �x A� U H 0 5' 15' cn CEDAR RIDGE "A" STYLE TOWNHOMES BUILDING ROBSON BILGEN ARCNIT1-=CTS P.C. n V 71 70 O z m F- m D O z CEDAR RIDGE "A" STYLE TOWNHOMES I BUILDING ROBSON BILGEaJ ARCNITJ°CTS P.C. CEDAR RIDGE TOWNHOMES ACT 250 APPLICATION EXHIBIT 30 Typical Elevations 3/26/96 OR JW MOTION OF APPROVAL SOUTH BURLINGTON REALTY COMPANY I move the South Burlington Planning Commission approve the final plat application of South Burlington Realty Company for construction of a planned residential development consisting of 92 multi -family units in 23 buildings on 27.76 acres of land, 201 Patchen Road, as depicted on a 13 page set of plans, page 1 entitled "Centennial Heights, Patchen Rd., So. Burlington, VT, Subdivision Plat," prepared by Trudell Consulting Engineers, dated 1/25/96, subject to the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. Prior to issuance of a zoning permit for the first building or start of utility or road construction, all appropriate legal documents including easements (e.g., irrevocable offer of dedication and warranty deed for the proposed public road, and utility, sewer, drainage, water and pedestrian path, etc.) shall be submitted to the City Attorney for approval and recorded in the South Burlington land records. 3. Prior to start of construction of the improvements described in condition #2 above, the applicant shall post a bond which covers the cost of said improvements. 4. In accordance with Section 301.5 of the subdivision regulations, within 14 days of completion of required improvements (e.g., roads, water mains, sanitary sewers, storm drains, etc.) the developer shall submit to the City Engineer, "as -built" construction drawings certified by a registered engineer. 5. The final plat plans shall be revised to show the changes listed below and shall require approval of the City Planner. Three (3) copies of the approved revised plat shall be submitted to the City Planner prior to recording. a) The subdivision plat and sheet SP1 shall be revised to show the pedestrian easement/trail connecting with the existing pedestrian easement on the adjoining Patchen Place property. b) Sheet SP2 shall be revised to show the street trees along the north side of the new City street relocated further from the sidewalk to ensure that these trees will not heave the sidewalk. 1 7 c) The subdivision plat shall be revised to include lot numbers and acreages for the mailbox cluster lot and the lot to be developed with dwelling units. d) The subdivision plat shall be revised to include a note which clearly indicates that the mailbox cluster lot can not be sold off for development. e) All appropriate plans shall be revised to correct the spelling of Queensbury Road. f ) Sheets SP1, SP2 and SP3 shall be revised to provide a five ( 5 ) foot grassed strip between the sidewalk and curb along the extension to Arbor Road' v. 4 ss a�j"4V-.W 47 6. The Planning Commission approves a sewer allocation of 35,225 .p.d. The sewer allocation approval shall remain in effect for en (10) years from the date of final plat approval. Any buildings hich have not been constructed within 10 years shall lose their allocation unless reapproved by the Planning Commission. The pplicant shall be required to pay the per gallon fee prior to ermit issuance. 7. Pursuant to Section 9.404 of the zoning regulations, the Planning Commission modifies the front yard setback requirement for buildings #1,2 and 3 as shown on the approved plans. 8. Pursuant to Section 26.152(b) of the zoning regulations, the Planning Commission approves a residential density of 92 units which is 16 units or 21% more than the base maximum of 76 units. It is the Planning Commission's opinion that this development satisfies the general standards listed in Section 26.151 of the zoning regulations and the specific standards for a PRD in the R4 District. q 9. The Planning Commission appves the encroachment in the C. O. District behind buildings #1,2,5,8 and 9 as provided under Section 3.50 of the zoning regulations. It is the Planning Commission's opinion that this encroachment will not significantly affect adversely the attributes provided in Section 3.503(a) - (e) of the zoning regulations. 10. The applicant shall construct the concrete retaining walls along the C.O. District boundary lines in such a manner that there is no disturbance of soil or vegetation within the C.O. District. 11. Prior to the issuance of a zoning permit for each building, the applicant shall submit a building elevation showing proposed grading, pre-existing grade and proposed building height. 12. As expressly represented by the applicant, the Homeowners Association documents shall prohibit the on -site storage and 2 parking of recreational vehicles. In addition, the Homeowners Association documents shall prohibit garages from being converted to living space. The wording of these provisions shall be approved by the City Planner prior to issuance of the first zoning permit. 13. The plicant _;sl�l post a landscape bond in the amount of $6; ($44,30{� for site landscaping and $17,415 for street trees). This bond shall remain in effect for three (3) years to assure that the landscaping has taken root and has a good chance of surviving. J"T �P.ki7nning Commission_lrai s--,a landscaping credit of $44MG-- th/e -site trees which will_remain undisturbed. 15. Snow removal and maintenance of the mailbox cluster shall be the responsibility of the Homeowners Association. This requirement shall also be reflected in the Homeowners Association documents. / /16. The sewage pumping station and force main shall remain private. 17. Shop drawings of the sewage pumping station shall be reviewed ,� and approved by the design engineer. This pumping station shall be maintained by the Homeowners Association. 18. The sanitary sewer lines shall be bedded in crushed stone only. 19. Any new exterior lighting or change in exterior lighting shall be approved by the City Planner prior to installation. 20. Any change to the plat shall require approval by the South Burlington Planning Commission. 21. The final plat plans shall be recorded in the land records within 90 days or this approval is null and void. The plan shall be signed by the Planning Commission Chairman or Clerk prior to recording. S t J 3 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 May 10, 1996 John Jaeger South Burlington Realty Company 366 Dorset Street South Burlington, Vermont 05403 Re: Residential PRD, 201 Patchen Road Dear Mr. Jaeger: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the April 16, 1996 Planning Commission meeting minutes. Please note the conditions of approval including the requirement that the final plat plans be recorded within 90 days (7/15/96) or this approval is null and void. If you have any questions, please gi me a call. i cere , Jo Weith, Ci y Planner JW/mcp 1 Encl South Burlington Fealty Company 366 llorset Street South Burlington, Vermont 054.03 (802) 863-9039 MEMORANDUM TO: South Bur FROM: John Jaegt SUBJECT: Centennia DATE: April 16, 1 ssion The attached notice was given to me by a resident on Queensbury Road. It was left on her car this morning. It seems clear that this notice is not intended to foster a constructive dialogue, and we find the not -so -subtle overtones of this message to be disturbing. Every Summerwoods resident was duly notified of the December 12, 1995 Preliminary Plat Hearing. Two attended, and they offered brief comments. In late March we learned of a small number of Summerwoods residents who were actively opposed to Centennial Heights. On March 26 and 27 I spoke with Mr. Alan Holcomb, president of the Summerwoods Association. I extended an invitation for a few of the concerned Summerwoods residents to come to a meeting at our office for an in-depth look at our plans and a discussion of the issues. Mr. Holcomb indicated that he would speak with some of the residents and contact me to schedule a meeting. Since then, I have heard nothing. We have designed Centennial Heights to be in character with its environment, including Summerwoods, and to meet environmental standards which are more rigorous than those in effect when any of the neighboring properties were built. We hope that tonight's hearing will be a constructive dialogue, based on facts, of the issues which are relevant to the Final Plat Hearing. ., Prink (Zeal l;state — Commercial, Kesidential, Industrial Development Dcsign, I3uild, Lease, Consulting; I ID N m pper�'. �: � 4. ..��'�,�EE - ✓__ � _ paa} � ' 5'S a Join our "Show of Strength." We need a big Crowd, Hundreds and Hundreds (i FYl!ople. Attend the Public Meeting: April 16tb, South Burlington City Fall 7.:.15 PY wwwxw�pnlrnmw3:00000"N Da bossman said to knock down a@ them trees- You know, flatten the place. 5o we got room to put up sum them tow rent'partments, or.._. maybe will cavern condos. 7bere's only room for 74 units but our buddes eat the S.E. Planning Commission approved up to 7 71 units. If we try hard we can squeeze in 92 for sure. it's gonna be real crcNed here so bossman said to connect to Patchen and Arbor Road' Al �v ��A.+4C.S�_'y �r+"�'S:��i�.P���r.' ITT-.r.�`_• . MUNSON EARTH NMI G 4 It1� � t .' It's a regular meeting of the South Burlington Planning Commission. In March they bum"_ : 1 us off the agenda bei tusi :hey ran out of ,.lmne. Tuesday night, the 15th, we are first on the agenda. We have a four p2rso:. )resentatior. -11ar,l:ec ;air the project. We need to fill every chair in the audience. The cornmiss on must listen if we ha- a big enougn group. as' :ime we filled about 20 chairs. On the 1 bth we need to max the dace oLt. Please raise your !-har :' an raise and issue or i st -- i; and listen. Wt Ned XQu• Bring the whole Family! Our neighborhood will never be the same nee the bulldozers sFc a 1:1-1 P I - t lit,. DENSITY CENTENNIAL HEIGHTS: 92 condominiums 27.76 acres = 3.31 units/acre SUMMERWOODS: 42 condominiums 12.19 acres = 3.45 units/acre Manor Woods 8.44 Forest Park 7.73 Townsquare 7.14 Ashbrook 7.02 Sugartree 7.01 Winding Brook 6.76 Briarwood 6.02 Weilesley Grove 5.71 Summer Woods 3.45 Centennial Heights 3.31 Patchen Place 3.23 ., PLANNING COMMISSION 7 MARCH 1989 The South Burlington Planning Commission held a meeting on Tuesday, 7 March 1989, at 7:30-pm, in the Conference Room, Cit4y Hall, 575 Dorset St. Members Present Peter Jacob, Chairman; William Burgess, Catherine Peacock, Mary - Barbara Maher, Ann Pugh, William Craig Also Present Joe Weith, City Planner; Sid Poger, The Other Paper; Chip Burr, Susan Hilton, John Osgood, Richard Spokes, William Shearer Robert Krebs, Paul Savas, Brad Martell, John Larkin, G. Rabideau, Sally Gunn, Alex Blais, John Jewett, Gerry Milot, Bill Whalen, Frank Naef PUBLIC HEARING —Continue proposed Final Plat amendment of Summer - woods Association for 1)land swap_with adjoining property owner to the east resulting in a 15.11 acre parcel, 2)subdivision of the 15.11 acre parcel into 2 lots of 14.79 acres and .32 acres, and 3) construction of a 38 unit planned residential development on the 14.79 acre parcel, Patchen Road Mr. Weith advised the cul de sac has been redesigned to provide 30 ft. of pavement and 5 ft. for snow storage. A note has been added for extension of the road for future development of the Munson property. There is also a note for the future curb cut for the driveway to the Brill property. The plan has been revised to show more to operate than the Town and Country light shall be installed. 6 The sewage pumping station shall be privately maintained and owned. 7. The recorded olat shall show a 60 foot wide the road is ro osed for future extention. The a 50 foot wide right of way in this location. riqht of way where current plan shows,., 8. Le al documents includin the Declaration of Condominium and affers of dedication and deeds for streets sewer and water lines and provisions for non -conversion of garages per R. Spokes' M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager a Re: August 25, 1987 agenda items Date: August 21, 1987 .2 SUMMER WOODS: PATCHEN ROAD, REVISION DATED 8/19/87 1. This is a much better plan. I would recommend that the future extension of the street into the Munson property be shown in dash and a large note stating that the street will continue northerly into the Munson property when it is developed. 4 ) ETHAN ALLEN FARMS. F.THAN AT.i.Fry T)DTVV M H, M O R A N D U M To: South Burlington Planning Commission From: ,Joe Weith, City Planner Re: March 7, 1989 agenda items Date: March 1, 1989 1) SUMMER WOODS-; PATCHEN ROAD Several changes were made to the proposed Final Plat amendment in response to concerns raised at the last meeting (2/14/89). These include the following: 1. The cul-de-sac was redesigned to provide 30 feet of pavement and 5 feet of r.o.w. for snow storage. 2. A note was added indicating the primary road will be extended for future development of the Munson property. 3. A note was added indicating the publicly owned cul-de-sac will revert to private ownership when primary road is extended. 4. A note was added indicating location of future curb cut for driveway to Brill property. The location of the proposed driveway is shown on the landscape plan. 5. Sheet No. 6 was revised to show: a) road crown slope of 1/3 inch per foot, b) sidewalk cross slope of 1/4 inch per foot to M��T�rJCT 4�N I -L- N N ►/�, L.- ,644 TS r f � / ;?��/ ,��- ACCESS. TRAFFIC & PARKING Centennial Heights, Patchen Road, South Burlington, Vt. Comments by: Virginia Soffa and Joseph Halko, Summerwoods Prepared: April 15, 1996 The present plat plan over -develops the buildable land with regard to parking, access, traffic flow and safety. Our comments are focused on these areas. I. Development Access and Parkiny- 1.) Applicant has requested an exception to Subdivision Regulation Section 401.1 W which stipulates that no more than 50 units can be served by one point of access: and that road length must not exceed 800 feet. The Centennial development has 80 units in a triangular shaped cul-de-sac that is approximately 1450 feet in length. The primary issue here is that this development has 30 units more than allowed under the subdivision regulations. The two point access required for high density cul-de-sac developments serves three purposes: a.) It provides 2-points for emergency vehicle access and service. b.) It provides an alternate escape route for residents in the event a catastrophic fire where to sweep through the development. c.) It provides for greater general traffic distribution. The proposal of a 100 foot median only attempts to address the last point, and in fact will serve to impede access if, God forbid, a disaster were to occur. 2.) A 100 foot median is being proposed to abate impact of the 30 units beyond what is allowed in subdivision regulation 401.1 (2). This median will: a.) Block the ingress and egress of development. The width of the road is only 15 feet on the side of the median accessing the 8 families in Buildings 3 and 4, and 18 feet on the side of median abutting 8 public parking spaces. b.) Diminish access to Buildings 3 and 4. and eight communiV parking spaces. c.) Create an obstruction for the 2-way traffic at the fork in the roadway. d.) Encroach on the public street right -away. e.) Force the four families in Building 4 to exit their driveway in one direction only. These units must exit toward the fork and then make a u-turn at the fork 1 and around the median, or drive entirely around the cul-de-sac to exit the development. L) Create a hazard for cars exiting the driveways for the end Units in Buildings #3 and 4. These cars have the potential of backing up over the end of the median if they are not extremely careful. This is particularly a likely occurrence give that the width of the road is only 15 feet which is one car length, that is if you have a small car or a mini van. g.) Restrict access for moving vans, delivery and tow trucks serving the eight families in Buildings 3 & 4. These vehicles would obstruct the ingress traffic and driveways since they will not have adequate turning space to use enter these driveways. For your reference a FedEx truck is 8 feet wide by 18 feet long; a tow -truck is approximately 6 feet 8 inches wide by 18 feet long; and a 17 footer U-Haul moving van, suitable for a 1200 square foot 2 bedroom unit is 8 feet 2 inches wide by 23 feet 10 inches long. Furthermore, if this median is constructed at the time the street improvements and curbs are poured, we question whether the 16-wheeler semi -trucks will be able to enter the development to deliver building materials. L) Restrict egress for Public Works salt & plow trucks, which may not be able to enter the right side (15 foot side) of the divided roadway. Since the truck is almost 15 feet wide it cannot make a U-turn on a 30 foot wide street. Essentially this type of vehicle will be trapped at the development entrance or forced to exit on the wrong side of the median and out through the Arbor Road connector. The basis for this median is that this concept was approved by the Commission for L&M Park, AKA "The Orchards." This is the only other sub -division granted such an exception, however the median proposed for Centennial Heights is very different. We wish to bring to your attention that the median at The Orchards does not conflict the cars entering or backing out of driveways and parking spaces. And, an equally significant difference is that the width of the road on each side of the median at The Orchards is 20 feet, 5 feet wider than Centennial Heights. Since it is significant to our discussion here tonight, I would like to bring to your attention that an average passenger vehicle is 5.5 feet wide and approximately 16 feet long. The popular 4 by 4 sports vehicle or truck is closer to 7 feet 10 inches wide and 16.5 feet long. 2 One destination we are all familiar with is the South Burlington Post Office on White Street. Think for a moment if you have ever driven in the parking lot and had some cars park along the curb behind you. If you have ever had this experience you know how difficult it can be to get out your space. For your reference and understanding we went over and measured this turning area. The straight -on parking spaces are 9 feet wide. The distance behind your car if no one is parked against the curb is 31 feet. The distance available when someone parks behind you is 24 feet. As you may have experience yourself, when one car is backing out, no one can pass whether or not a car is parked against the curb. By -the -way, we have been told that the standard aisle width for a parking lot with angled parking spaces is 22 feet. Now just imagine for a minute if you were trying to back out of the Post Office parking space and two cars were double parked, you know side -by -side behind you. This would leave 17 feet, which is two feet more than the residents in Buildings 3 & 4 of Centennial Heights will have. I think you will agree that the median presents serious hazards. Unfortunately, this is not the only area where compromises are proposed. 3.) Sub -standard road width in the cul-de-sac measures 22 feet. The 30 foot paved street off of Patchen Road tapers down to 22 feet after the roadway forks. This is 8 feet less than required by Zoning Regulation Section 26.25 which stipulates that 2-way private roads with parking be 30 feet wide, or that 2-way private roads without parking be 24 feet wide. The Centennial Heights development is for a 2-way private road with parking. Based on our experience at Summerwoods street parking will be required. Typically human beings don't think like planners and park in prescribed ways. Our experience is that some units have more than two cars, and more than one guest per four units. Our experience has been that if anyone has even a small party with family or friends, street parking will is necessary. These problems are compounded during the holiday's when family visits and there is snow banked against the curbs. a.) Sub -standard road width, with or without parking, will confine the cars entering and exiting development. This will be further diminished in the winter months with snow banked on the curbs. We wish to call your attention to another development off Patchen Road called, Valley Ridge. This development has a sub -standard roadway of 23 feet 8 inches and M does not prohibit street parking. When cars are parked on the street, passage is very difficult. b.) Sub -standard road width will impede response time and access of emergency vehicles entering this development. c.) Sub -standard road width will make entering and exiting residential driveways and public parking spaces more difficult. d.) Sub -standard road width will create traffic hazards and accidents. We would also like to bring your attention other potential problem areas: 4.) The location of the driveway for Unit 20 in relation to traffic entering and exiting left -fork. This driveway will be blocked by cars yielding or stopping for cross traffic at the fork. Due to the median, cross traffic will have no way to swerve to avoid a collision. Since this driveway is located at a corner if the median was eliminated there would be the additional concern created by incoming vehicles. 5.) The common driveways shared by Buildings 10 & 11. and 15 &16 create problems for cars wishing to park in the driveway and interference for neighbors vehicles trying to enter and exit adjoining driveways. 6.) The two-way forked roadway design serving 80 units and potentially 160 vehicles which funnels two lanes of cars into one 18 foot sub -standard -width roadway, the only exit for this development. Recommendations: 1. Decrease number of units so no street width is less than 30 feet. 2. Decrease number of units in cul-de-sac to 50 units so that a second point of access is no longer required. (It appears that the units needing further consideration with regard to access, or footprint are: 5, 7, 8, 9. 10, 15 and 20.) 3. Recognize that street parking spaces will be used and design driveways to permit use of the street parking without diminishing access into driveways, or the access of passing vehicles. 4. Reconsider triangular circulation pattern for this development. II. Arbor Road Connection 1. The new roadway, Centennial Terrace, will be connected to Arbor Road. This connection is of particular concern to Summerwoods residents because: a.) Connection may be used as a short-cut for cars traveling to Williston Road. b.) Arbor Road is the only entrance to Summerwoods and for parents dropping off children at the Day Care center. c.) Arbor Road is 29 feet 10 inches wide. There is no turn -out for cars stopping at the mailboxes. Additional traffic would create a hazard for residents exiting their vehicles to get mail. Recommendation: 1. Summerwoods residents wish to have a fire P-ate erected by the developer of Centennial Heights so that this road will be accessible only to emergency vehicles. 2. As an emergency connector there should be no parking allowed on either side of the new Arbor Road connector. III. Traffic Study 1. This study did not include the current number of vehicle trip ends (VTEs) or an estimate of the number of VTEs that will be generated by this project. 2. Only a PM DHV-analysis was conducted. This study indicated current level of service is "B". We believe that an AM analysis would more accurately represent the level of service, and request that this study be conducted between 7:30 -8:30 am while school is in session and the school busses are operating. 3. The DHV-formula applied resulted in an intersection impact of 41 vehicles (see Exhibit A attached). This was measured at the White/Patchen streets intersection between 4-5 PM. We question the formula that was used and the time of day that the study was done, since residents return home over a wider time span than used in the morning. 4. We do not believe this traffic study adequately demonstrates the impact this development will have on Arbor Road. We believe that 92 units will generate more VTEs and therefore this type of study would be a more accurate measurement. Recommendation: Conduct another traffic study incorporating our suggestion for time of day and VTEs analysis. S I V t 1 b Z J f 1 FC V L G L L k- lJ k- G" k- K 5 F. 9 4 4- INTERSECTION DIAGRAM - POST -DEVELOPMENT -----M.N���-��--------as:sassrsmsso== Intersection: White Street and Patchen Road Time period: 4-5 pm Volumes SB Total 3 0-,b/339 �'f �76 231 .. /32 Legend [X] = Level of Service ^ #-1 = No. of Lanes ^ D--J - De facto Turn [B] ([4/129^ ' II EB1422 otalAl �> tle) 78 v Patchen Road 1 v [B] Intersection [B] �'Re % twos T 38 41 i 13 173 WB Total < 32;b/3 31 v ^ [ B ] <1----- 1 v White Street [B] ^ < > I a7 /62 89 68 < A > 1 iG N %1 19 NB' Total To: South Burlington Planning Commission From: Patchen Road Residents Date: March 18, 1996 RE: 201 Patchen Road Construction Project by South Burlington Realty As residents on Patchen Road that will be affected by the proposed construction of sidewalks in front of our homes we wish to express our concerns. The following are points that we would like to have considered: • The proposed sidewalk will be within feet from the front of our homes. • The proposed sidewalk would end at a ravine. • The proposed sidewalk ends just after a curve in the road. This would not be a problem if the traffic travelled at the posted speed, but living here we know that this is not true. We would hate to see a child hurt. • There is a perfectly good sidewalk on the opposite side of the road. This is the side of the road that has children. • There are no children currently living within the proposed area. III' 4A- z /r I � L, tl,/, 1q. I �ec'4— -all GJr-VWr) 06 Memorandum - City Engineer March 12, 1996 agenda items February 8, 1996 Page 2 2. There should be a direct access drive to the bank. 3. Sidewalk shall be continuous across the entrance drive. MEADOWBROOK - JOY DRIVE 1. Drainage pipe for storm sewers should be plastic or concrete not metal as plans show. 2. Site plans prepared by FitzPatrick-Llewellyn, Inc., dated March 1990 are acceptable. CENTENNIAL HEIGHTS - PATCHEN ROAD l . ' The short section of sidewalk on Arbor Road shall have at least a 5 foot grassed strip. 2. One side of the private street shall be posted as no parking to allow for emergency equipment. 3. The mail box turnout area shall be maintained by the Association including snow removal. 4. Shop drawings of the sewage pumping station shall be reviewed and approved by the design engineer. This pumping station shall be maintained by the Home Owners Association. 5. Sanitary sewer lines shall be bedded in crushed stone only. 6. Water flow tests were performed by City Water Department and Engineer and they found the flow for fire protection to be adequate. SOUTH BURLINGTON SCHOOL DISTRICT OFFICE: South Burlington High School Bruce C. Chattman SOUTH BURLINGTON, VERMONT 05403-6296 Superintendent 550 DORSET STREET April 7, 1996 Joe Weith, City Planner 575 Dorset Street South Burlington, Vermont 05403 re: Centennial Heights Patchen Road 42 two bedroom units; Dear Joe, Tel. 802/658-9050 FAX 802/658-9029 46 three bedroom units Thank you for the opportunity to comment on this proposed residential development. At the conclusion of construction, Chamberlin School will have a maximum capacity of 500 students (20 classrooms at 25 students per room). We predict an enrollment of 326 students in September, 1996. Projects previously approved by the Planning Commission* have resulted in approximately 624 units - all in the Orchard Elementary School District. Since these approved residential developments will require the School District to redistrict students to Central and Chamberlin, the available space at Chamberlin will be impacted by these other developments. Until the approved projects are completed, it will be difficult to ascertain the actual enrollment impact upon Chamberlin School. Provided with the present capacity at Chamberlin and lacking the precise impact of the above referenced developments on Chamberlin, I believe that, under present conditions, Chamberlin can accommodate the enrollment impact of this proposed development. Please call me if you have any questions.. Sincerely, Bruce C. Chattman *Economou development (230 units) Phase V of Meadowood Condominiums (50 units) Knowland Two (73 units) Pinnacle at Spear (90 units) Southeast Summit (181 units) c: Development File School Board To: City Planning Commission, South Burlington, Vermont. From: Concerned South Burlington Citizens opposed to the proposed Centennial Heights Project near Patchen Road. Date: 24 March, 1995 Subject: Additional Questions, Requests and Comments regarding the proposed Centennial Heights development. Dear Commission Members, During our series of meeting over the past few days various additional questions, requests and comments have surfaced concerning the proposed Centennial Heights developments. Below are our additional questions, requests and comments: #1. Comment. Our Delivery of Issues and Questions We apologize for the timing of the delivery of these questions and issues. Those J of us from Summer Woods received your meeting notice last week. it ! - The home owners association property manager received your notice dated Saturday, March 9 the following week. Our Property Manager then, competently, in the normal course of business, informed us via mailing. It took us a few days to get organized. Most of our work has been over this weekend. If possible we would have given you advance copies of this petition before your meeting. #2. Comment and Question. Pedestrian Path: (a) Comment. The Centennial Heights blue prints depict a pedestrian path which connects to the Summer Woods existing pedestrian path. None of the Summer Woods residents can find the pedestrian path depicted in the blue prints. Quite frankly Summer Woods has no pedestrian path anywhere. (b) Question. If the Pedestrian path is constructed as proposed will it not go through the wet lands buffer zone? Awa Uy� J CI Page 2, 24 March, 96 To: South Burlington Planning Commission From: Citizens of South Burlington opposed to the Centennial Heights Project #3. Question. Long Term Erosion: Will units 10, 11, 15, and 16 have special drainage problems due to the steepness of grade. Considering the soil type, what special long term (permanent) measures will be taken to avoid erosion? #4. Question. Special sod and fertilizer requirements: Summer Woods has experienced a significant problem with non fertile soil. The lawns have still not stabilized after seven years. Repeated fertilization and seeding by professionals has yet to solve the problem. What special methods and techniques will the developer use to solve this problem in Centennial heights? Keep in mind the low fertility soil type is known to have "high" wind and water erosions characteristics. #5. Questions. University housing & absentee landlord question: (a) Due to the four-plex design and small size units it is predicted that the p Centennial heights units will be very low housing. Due to the proximity to I several educational campuses the project will very likely lend itself to student housing. Is it possible to regulate the number of absentee land lords? (b) It is our belief that owner of property make better neighbors than renters. This is particularly true concerning isss such as property up keep and so neighbors. We predict that the numberoPenters in the complex will most likely become the majority. The neighborhoods surrounding the proposed complex are close to 100% owner occupied. What are the city planning commissions predictions about owner/ rental mix? Can,, we as a city, regulate or take measures to attempt to influence the owner/ renter mix? #6. Parking: (a) Although there may mathematically appear to be enough parking spaces we predict a shortage. Based on informal predictions of the project demographics (young adults and off -campus students) we predict most of the buildings will house groups in roommate situations. In these cases units will have as many as four cars each. (b) Because the existing parking is less than ample many will be required to park on the loop street and Catamount Terrace. Could a comparison be drawn, by Page 3, 24 March, 96 To: South Burlington Planning Commission From: Citizens of South Burlington opposed to the Centennial Heights Project our city engineers, comparing number of bedrooms to 1000 feet of curb frontage. (c) Since we predict that many of the units will have visitors and the circle` loop will be packed with cars. Is there anything that can be done in advance to restrict parking on the grass? �,/J #4. Question. Impact on Trees: (a) The site of the project is dense with trees. What is the current density of rd trees per acre? How many trees will be cut down? (b) Will any of the large trees be protected (preserved) ? How many which'N ones? #5. Request. Enforcement, Inspection and Penalties: A Y° f-� If the project is approved we would like a briefing on our cities' plans ., (methods, standard operating procedures etc.) to inspect, control and ` enforce any final approved blue prints and specifications. Of particular i interest are our itemSof issue on this and the previous letter dated 3/23/ 96. l ri6y,, At this briefing we request written copies of your procedures and plans be made available. #6. Questions. Blue Prints Elevation Views: (a) Can Elevation Views of the proposed buildings be made available? We would like to know what all four sides of the building are intended to �A , look like. Siding and trim colors are also requested. (b) Can we have copies of the floor plan in scaled drawings? _ V1110- c W #7. Questions. Wet Lands and Density: Why would the our planning commission consider a 2 1 % greater than normal density for a development surrounded by wet lands, which will require major earth moving, on soil that has low fertility and high erodibility? a #8. Questions. Coverage / Set Back: e(� ,r 511 Why did the commission wave the set back requirement? Is the building or coverage percentage figured using only buildable land? Page 4, 24 March, 96 To: South Burlington Planning Commission From: Citizens of South Burlington opposed to the Centennial Heights Project In conclusion: We request that your commission investigate the questions, comments, requests and issues (issues from letter and petition dated 3/23/96) raised aiatt by our group. Following your research we request you schedule a public meeting, with your committee, to discuss your findings before any decision is made concerning the proposed Centennial Heights development. Sincerely yours, Concerned South Burlington Residents, see attached petition. To: City Planning Commission, South Burlington, Vermont From: Concerned Citizens, see attached petition Date: 23 March, 1995 Subject: "Issues of Impact" about the proposed Centennial Heights development off Patchen Road. Dear Commission Members, We, citizens of South Burlington, are opposed to the development of the housing project known as Centennial Heights near Patchen Road. Several of the nearby land owners (and other citizens) have various concerns about the impact of this development on our homes, neighborhood, community and environment. Compiled below are the "Issues of Impact" described in detail. The attached signature sheets reference these issues by number and name. # 1. Traffic: All Summer Woods occupants will face increased danger visiting the Arbor Road mail boxes. We believe the traffic flow on Arbor Road will increase danger to children and elderly walking in their current environment which is not a "through" or "loop" street. An independent analysis of this issue should be conducted. # 2. Environment: (a) We believe the number of units proposed will impact the wet lands. The South Burlington Natural Resources Committee questioned the crowding of wet lands specifically in regard to the Centennial Heights project. We believe the current wet land boundaries could be drawn in favor of the developer and should be re-examined by a non -interested party (with proper credentials) for a second opinion. (b) Because of the soil types erosion potential is considered high. Planting to stop erosion will require fertilizers. Proximity to the delicate wetlands causes a great deal of concern about any fertilizer. Water quality could be affected. (c) The current plans specify a retaining wall to be build on the very edge of the wetlands in certain areas. It is unlikely that during the construction of this wall the wetlands will not be disturbed. Page 2, 3/25/96 To: SB Planning Commission From: Concerned Citizens Ref: Centennial Hights Development # 3. Property Values The proposed buildings will be four units each. The design and style is predicted to be significantly inconsistent (lower) than those of the surrounding, adjoining, properties. The property values of the Summer Woods complex is equal to or in many cases higher than the neighboring single family homes. It is highly probable that all neighbors of the Centennial project will lose property value. Several of the neighbors of the proposed project are retired and/or on fixed incomes. A common trend has been to sell their property at the point that they wish to move into a retirement community. The reduction in property values could make significant changes in the quality of life for some of these individuals after departure from the current residence. # 4. Density: We believe the current proposed density for the project is too high for the usable (buildable) land. Given the proximity to wetlands and single family homes, we suggest that the density be put at least on par with the adjoining properties. A special analysis should be conducted. Be sure to compare usable land (not wetlands). # 5. Dirt; Major Earth Moving *: The densely wooded area between the wet lands would be stripped bare of a significant number (if not all) of the trees and the natural ground cover between any remaining trees. The plan is to "re -engineer the topography." Bulldozing these trees and ground cover will expose soil. The soil type where the construction is planned is called Adams and Windsor loamy sands. The erodibility of this type of soil is considered "High" by wind and water. This soil is very low in fertility; thus very little ground cover will naturally grow. Fertilization must be limited to avoid impact on wetlands and water quality. The airborne soil will float onto and into our homes for several years. * Technical information reference: WM.. D Countryman, Environmental Assessment and Planning report 12 May,9S In conclusion: We request that your commission studies our issues and considers our concerns in your planning decisions. We are the South Burlington citizens most effected by your decision. Sincerely yours, Concerned South Burlington Residents, see attached petition. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 April 15, 1996 John Jaeger South Burlington Realty Company 366 Dorset Street South Burlington, Vermont 05403 Re: Residential PRD, 201 Patchen Road ZONING ADMINISTRATOR 658-7958 Dear Mr. Jaeger: Enclosed is a copy of the March 12, 1996 Planning Commission meeting minutes. If you have any questions, please give me a call. ere y, J e Weith, City Planner JW/mcp 1 Encl 1-7 /007 City of South Burtington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 April 9, 1996 Irene Roberge Agency of Natural Resources 111 West Street Essex Junction, Vermont 05452 ZONING ADMINISTRATOR 658-7958 Re: Sewer Allocation, Centennial Heights PRD, Patchen Road Dear Ms. Roberge: Please be advised that the City of South Burlington allocates 34,500 gpd of wastewater for a 92 unit residential development. This development known as Centennial Heights is located on Patchen Road and is owned by Randall G. Munson. This property is served by the City's Airport Parkway Treatment facility which has sufficient capacity to handle this additional demand. If you have any questions, please don't hesitate to call me. ,Sin erel , L Jo Weith, Ci y Planner JW/mcp City of South Burtington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658.7955 March 29, 1996 Bruce C. Chattman Superintendent of Schools 550 Dorset Street South Burlington, Vermont 05403 Re: School Impact Dear Bruce: ZONING ADMINISTRATOR 658-7958 The South Burlington Planning Commission is currently reviewing proposals for three (3) residential developments. These developments are as follows: 1. Irish development on Allen Road consisting of 42 single family lots. The Commission will review the sketch plan for this proposal on April 9, 1996. 2. Centennial Heights development on Patchen Road consisting of 92 condominiums (46 two (2) bedroom units and 46 three (3) bedroom units) . The Commission will review the final plat for this proposal on April 16, 1996. 3. Homer Dubois, Ledge Knoll Phase III on Dubois Drive consisting of 42 single family lots. The Commission will review the sketch plan for this proposal on April 23, 1996. A plan for each of these developments is enclosed. If you would like to comment on these proposals please submit them by the Friday proceeding the meeting at which the proposal will be reviewed. If you have any questions, please give me a call. 01 Jo#Weith, Ci Planner JW/mcp Encls TRUDELL CONSULTING ENGINEERS, INC. February ; ,v Mr John Jaeger South Burlington Realty 366 Dorset Street South Burlington, Vermont 05403 Re: Traffic Analysis Dear John: Attached please find the capacity analysis for Patchen Road/White Street. The first printout is for traffic without the project and the second is with the project. The results indicated a level of service B for both senerios. The analysis is for DHV estimates for 1996. These volumes were determined by projecting known ADT traffic at 2% per year and using 10.5% of ADT for DHV. The project figures are for 100 units. Please note the project size has been reduced to 92 units. If you have any questions , please call. Very truly yours, TRUDELL CONSULTING ENGINEERS, INC. Tyler Hart, P.E. P.O. Box 308 14 Blair Park Road Williston, Vermont 05495 (802) 879-6331 HCS: Signalized Intersection Version 2.4 12-15-1995 1 ----------------------------------------------------------------------- ----------------------------------------------------------------------- Center For Microcomputers In Transportation University of Florida 512 Weil Hall Gainesville, FL 32611-2083 (904) 392-0378 ----------------------------------------------------------------------- ----------------------------------------------------------------------- Streets: (E-W) White Street (N-S) Patchen Road Analyst: JTH File Name: MUNI.HC9 Area Type: Other 12-15-95 4-5 pm Comment: DHV Operational Analysis for 1996 ----------------------------------------------------------------------- ----------------------------------------------------------------------- Traffic and Roadway Conditions -------------------------------------------------------- Eastbound Westbound Northbound Southbound L T R I L T R I L T R I L T R No. Lanes I > 1 < I > 1 < I > 1 < I > 1 < Volumes 1 114 215 781 117 173 381 62 279 681 29 226 71 PHF or PK1510.95 0.95 0.9510.95 0.95 0.9510.95 0.95 0.9510.95 0.95 0.95 Lane Width 1 12.0 12.0 12.0 12.0 Grade ( 0 0 0 0 % Heavy Vehl 2 2 21 2 2 21 2 2 21 2 2 2 Parking I(Y/N) N I(Y/N) N I(Y/N) N I(Y/N) N Bus Stops 1 01 11 01 0 Con. Peds 1 21 21 21 2 Ped Button I(Y/N) Y 0.0 sl(Y/N) Y 0.0 sl(Y/N) Y 0.0 sl(Y/N) Y 0.0 Arr Type 1 3 3 31 3 3 31 3 3 31 3 3 3 RTOR Vols 1 131 31 101 17 Lost Time 10.00 3.00 0.0010.00 3.00 0.0010.00 3.00 0.0010.00 3.00 0.00 ----------------------------------------------------------------------- Signal Operations Phase Combination 1 2 3 4 1 5 6 7 8 EB Left * JNB Left Thru * Thru Right * Right Peds * I Peds WB Left Thru Right Peds NB Right SB Right Green 12.OP Yellow/AR 3.0 TSB Left Thru Right Peds DEB Right �WB Right Green 12.OP Yellow/AR 3.0 Cycle Length: 30 secs Phase combination order: #1 #5 HCS: Signalized Intersection Version 2.4 12-15-1995 2 Streets: (E-W) White Street (N-S) Patchen Road Analyst: JTH File Name: MUNI.HC9 Area Type: Other 12-15-95 4-5 pm Comment: DHV Operational Analysis for 1996 Volume Adjustment Worksheet Direc- Lane Lane Adj tion/ Mvt Adj Lane Grp No. Util Growth Grp Prop Prop Mvt ----- Vol ---- PHF ---- Vol ---- Grp ---- Vol Ln Fact Fact Vol LT RT EB ---- -- ----- ------ ---- ---- ---- Left 114 0.95 120 Thru 215 0.95 226 LTR 414 1 1.000 1.000 414 0.29 0.16 Right 78 0.95 68 WB Left 117 0.95 123 Thru 173 0.95 182 LTR 342 1 1.000 1.000 342 0.36 0.11 Right 38 0.95 37 NB Left 62 0.95 65 Thru 279 0.95 294 LTR 420 1 1.000 1.000 420 0.15 0.15 Right 68 0.95 61 SB Left 29 0.95 31 Thru 226 0.95 238 LTR 326 1 1.000 1.000 326 0.10 0.17 Right ----------------------------------------------------------------------- 71 0.95 57 Saturation Flow Adjustment Worksheet Ideal Adj Direction Sat No. f f f f f f f f Sat /LnGrp ------ Flow ---- Lns --- W ----- HV ----- G ----- p ----- BB ----- A ----- RT LT Flow EB ----- ----- ---- LTR 1900 1 1.00 0.98 1.00 1.00 1.00 1.00 0.88 0.80 1313 WB LTR 1900 1 1.00 0.98 1.00 1.00 1.00 1.00 0.89 0.75 1232 NB LTR 1900 1 1.00 0.98 1.00 1.00 1.00 1.00 0.88 0.88 1439 SB LTR 1900 1 1.00 0.98 1.00 1.00 1.00 1.00 0.88 0.91 1488 HCS: Signalized Intersection Version 2.4 12-15-1995 3 Streets: (E-W) White Street (N-S) Patchen Road Analyst: JTH File Name: MUNI.HC9 Area Type: Other 12-15-95 4-5 pm Comment: DHV Operational Analysis for 1996 Supplemental Permitted LT Worksheet APPROACH EB Cycle Length, C 30 Actual Green Time for Lane Group, G 12 Effective Green Time for Lane Group, q 15 Opposing Effective Green Time, go 12 Number of Lanes in Lane Group, N 1 Proportion of Left Turns in Lane Group, Plt 0.29 Proportion of Left Turns in Opposing Flow, Plto 0.36 Adjusted Left -Turn Flow Rate, Vlt 120 Left Turns per Cycle: LTC=Vlt*C/3600 1.00 Adjusted Opposing Flow Rate, Vo 342 Opposing Flow per Lane, Per Cycle: Volc=VoC/3600No 2.85 Opposing Platoon Ratio, Rpo 1 Lost time per phase, tl 0 qf=Gexp(-0.860*LTC^0.629)-tl 5.08 Opposing Queue Ratio: qro=1-Rpo(go/C) 0.60 qq=4.943volc^0.762*gro^1.061-tl 6.39 qu=q-qq (or q-qf) 8.61 n=(gq-gf)/2 0.65 Ptho=1-Plto 0.64 E12 0.70 Ell 2.92 fmin=2(1+P1)/q 0.17 flt=fm,(min=fmin; max=1) 0.80 APPROACH WB Cycle Length, C 30 Actual Green Time for Lane Group, G 12 Effective Green Time for Lane Group, q 15 Opposing Effective Green Time, go 12 Number of Lanes in Lane Group, N 1 Proportion of Left Turns in Lane Group, Plt 0.36 Proportion of Left Turns in Opposing Flow, Plto 0.29 Adjusted Left -Turn Flow Rate, Vlt 123 Left Turns per Cycle: LTC=Vlt*C/3600 1.02 Adjusted Opposing Flow Rate, Vo 414 Opposing Flow per Lane, Per Cycle: Volc=VoC/3600No 3.45 Opposing Platoon Ratio, Rpo 1 Lost time per phase, tl 0 qf=Gexp(-0.860*LTC^0.629)-tl 5.01 Opposing Queue Ratio: qro=1-Rpo(go/C) 0.60 gq=4.943volc^0.762*gro^1.061-tl 7.39 qu=q-qq (or q-qf) 7.61 n=(gq-gf)/2 1.19 Ptho=1-Plto 0.71 E12 1.15 Ell 3.52 HCS: Signalized Intersection Version 2.4 12-15-1995 4 Streets: (E-W) White Street (N-S) Patchen Road Analyst: JTH File Name: MUNI.HC9 Area Type: Other 12-15-95 4-5 pm Comment: DHV Operational Analysis for 1996 ----------------------------------------------------------------------- ----------------------------------------------------------------------- Capacity Analysis Worksheet Adj Adj Sat Flow Lane Group Direction Flow Rate Flow Rate Ratio Green Ratio Capacity v/c /LnGrp --------- (v) --------- (s) --------- (v/s) ----- (q/C) ----------- (c) ---------- Ratio ----- EB LTR 414 1313 0.315 0.400 525 0.788 * WB LTR 342 1232 0.278 0.400 493 0.694 NB LTR 420 1439 0.292 0.400 576 0.730 * SB LTR 326 1488 0.219 0.400 595 0.548 Sum (v/s) critical = 0.607 Lost Time/Cycle, L = ----------------------------------------------------------------------- 6.0 sec Critical v/c(x) = 0.759 flt=fm,(min=fmin; max=1) 0.75 APPROACH NB Cycle Length, C 30 Actual Green Time for Lane Group, G 12 Effective Green Time for Lane Group, q 15 Opposing Effective Green Time, go 12 Number of Lanes in Lane Group, N 1 Proportion of Left Turns in Lane Group, Plt 0.15 Proportion of Left Turns in Opposing Flow, Plto 0.10 Adjusted Left -Turn Flow Rate, Vlt 65 Left Turns per Cycle: LTC=Vlt*C/3600 0.54 Adjusted Opposing Flow Rate, Vo 326 Opposing Flow per Lane, Per Cycle: Volc=VoC/3600No 2.72 Opposing Platoon Ratio, Rpo 1 Lost time per phase, tl 0 qf=Gexp(-0.860*LTC^0.629)-tl 6.69 Opposing Queue Ratio: qro=1-Rpo(go/C) 0.60 qq=4.943volc^0.762*gro^1.061-tl 6.16 qu=q-qq (or q-qf) 8.31 n=(qq-qf)/2 0.00 Ptho=1-Plto 0.90 E12 0.00 Ell 2.82 fmin=2(1+P1)/q 0.15 flt=fm,(min=fmin; max=1) 0.88 APPROACH SB Cycle Length, C 30 Actual Green Time for Lane Group, G 12 Effective Green Time for Lane Group, q 15 Opposing Effective Green Time, go 12 Number of Lanes in Lane Group, N 1 Proportion of Left Turns in Lane Group, Plt 0.10 Proportion of Left Turns in Opposing Flow, Plto 0.15 Adjusted Left -Turn Flow Rate, Vlt 31 Left Turns per Cycle: LTC=Vlt*C/3600 0.26 Adjusted Opposing Flow Rate, Vo 420 Opposing Flow per Lane, Per Cycle: Volc=VoC/3600No 3.50 Opposing Platoon Ratio, Rpo 1 Lost time per phase, tl 0 qf=Gexp(-0.860*LTC^0.629)-tl 8.31 Opposing Queue Ratio: qro=1-Rpo(go/C) 0.60 qq=4.943vo1c^0.762*gro^1.061-tl 7.47 qu=q-qq (or q-qf) 6.69 n=(qq-qf)/2 0.00 Ptho=1-Plto 0.85 E12 0.00 Ell 3.62 fmin=2(1+P1)/q 0.15 flt=fm,(min=fmin; max=1) 0.91 INTERSECTION DIAGRAM ----------------------------------- ----------------------------------- Intersection: White Street and Patchen Road Time period: 4-5 pm Patchen Road Volumes 38 SB Total II I II 326 II I II 173 WB Total II 1 I II < 328 II I I II 117 <J v L> II I I II 71 226 29 II I ( II v II <+> I II ,i v I i, Legend [XI = Level of Service ^ #J = No. of Lanes DJ = De facto Turn < i 1 v 1 1> v II 114^ II II II EB Total 215 II 407 > II II 78 II � II v II II White Street <+> II II 62 279 68 II <-j A r> 1 II II II 409 II NB Total II II TYGATE PROPERTIES 281 p. 522 w 152 P. 131 SUMMER ROODS ASSOCIATES. INC v. 292 P. 492 w 273P3 RECE . to FEB 5 1"6 City of So. Burlington OF VE r� � xon E rwnoN �C,r �iaw>4 V SIIR�y THIS PLAT IS BASED ON A TOTAL STATION CONTROL IRALERSE OF EVIDENCE FOUND IN THE FIELD AND INFORMATION ABSTRACTED FROM THE CITY OF SOUTH BURLINGTON LAND RECORDS BEARINGS ARE BASED ON MAGNETIC "IN TAKEN AANE 29, 1994. BEING THE LAND CONWYED TO RANDALL MUNSON IN VOLUME 126 PALL' 396. TOTAL AREA - 27.76 ACRES Greptic iG.le Feet 60 O 60 120 IBB Z40 Pwo•osw m'_m1Nl CAsaorr m .r a W" o. m AT am I %7 7n 0'0 i R to �et� G - 29'46 W R . 231.00 1 . 51 e, L 12001• Y. LE AIR . 337 p. 485 } LEGEND . O Pro. PPE(rom m') • IACN IP[ (IV" ) • caNcsnr Norrpr (rasa 1 O aNaKRc Ua.A1ENf (ro a[ ><r ) 0 SWKY MIINLR ( r01R• ) --r<—x—x—x—Tr ffAx LRK 27.02 AC. R . 171.00• T . uu• L . etN• `f.• ` dj s\ Y�.. M. GLEASON \ w 71 P. 457 F R. • S SRETE/KIISCH ?a 121 P. 66 A. MERCHANT 111 P. -2 M. RYAN 200 P. 513 'FN a ! a MARTIN .m •:A. �. a• 115 P. 133 aac .wlrs m ,�►-� ic � � Ru1LRIc1W CITY OF 50 IlIAM.(MG10M w SD P. IIB C 0l2R1$1•E ?Qw $1.2.• d 6 � 0 or�� r� L S r m crPc rcw alr No A11P1011 37 PURL. HEBREW HOLY SOCIETY THE SOCIETY OF N. ADM v. 3 P. 463 w 3 P. IE0 PATC'NFN PLACC ASSOCIATES c 200 P 832 w 276 P. 60 SOUTH BURLINGTON CITY CLERKS OFFICE RECEIVED FOR RECGRQ at __ O'cklpY minutes _._ m OrW r.COrd.d in POQB Attest: CRY Cork APPROVED BY RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SOUTH BURLINGTON, VT. ON THE ---- DAY OF -_-_ ---------- 1996• SU&XCT TO RIE REQUIREMENTS AND CONDITIONS OF SAID RESOLUTION. SIGNED THIS ----- DAY OF--- --- 1996. BY ---^^-�'--------- ___ CHAIRMAN OR CLERK CENTENNIAL HEIGHTS Patchen Rd. So. Burlington, Vt.. Sl1T Subdivislon Plat �T TRUDELL CONSULTING ENGINEERS, INC. J —_^� M RIM Na Rr. ... NM W.NMa I SSW 0794= M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, South Burlington City Engineer Re: December 12, 1995 Agenda Items Date: December 7, 1995 CENTENNIAL HEIGHTS - PATCHEN ROAD 1. The water main on Patchen Road is a 6 inch. This main is inadequate to supply the planned development with the necessary water for fire protection. Flow test must be taken. 2. Streets should be 30 feet in width with at least a 4 foot grassed strip between the curb and sidewalk. The water main should be within this grassed area. The grassed strip serves as a snow storage area. The section that will be a City street shall have the sidewalk constructed one foot off the r.o.w. Water shutoff's shall be within the one foot. 3. The island should be eliminated. It makes the parking lot difficult to enter and exit. 4. The sewage pumping station and force main shall remain private. PRECOURT INVESTMENT COMPANY - WILLISTON ROAD Site plan dated November 10, 1995 is acceptable. OFFICE BUILDING - 3 BALDWIN AVENUE Site plan prepared by Brad Rabinowitz Architect dated 11/15/95 is acceptable. _.-.. - -- -- -- - PROPOSED R ADWAY 24 ---- - - - -----. -- -- -' -rt - PROPOSED STRUCTURE - ODED AR�A PROPOSED GRADE i � 1 SLOPE O 0.002 t -- --'-- GARAGE-�..----_----!-_-- - NG GRADE FINISHED FLOOR ELEVATION 298.E \ '�------o----------- Z 1+00 1+50 SECTION TROUGH BUILDING 5 1' - 10' WRnCA/ k MMIZO AL 320 310 300 2Y0 no PROPOSED R AOWAY 14 ' 1 � I I I H PROPOSED STRUCTURE JZO -- 0 ERODED AR A PROPOSED GRADE - � 31 SLOPE O 0.002 GARAGE _ - ---_ �•� ��\ EXISTING GRADE _ 300 FINISHED FLOOR ELEVATION egd.0200 290 v z -J 1+00 1+50 &+00 SECTION TROUGH BUILDING 5 1' 10. WRTICAL k HORIZONTAL �o �o �o 0o 10 PROP05ED R WAY 4 --- -- -j �- -- -- - -. _ _. -- - -- _ _ - ---- - -- - -- - _ _ -- - - - - - -- - - - - - - --- - -- ! j � PROPOSED STRUCTURE i -- - -- - - ! ERODED ARA PROPOSED GRADE - - - - - - - --- --- - - __. --�-- 1 --mo � , —. , p I '- - - - ---i - - -.�--r----- ---*-_ GARAGE -EXISTING GRADE _. _....300 -�`-----T--- - FINISHED FLOOR ELEVATION 2y8.0 290 f I 1 � r T - --- --� — ! =- - -- --- - -- --- - — �-- --� ------ --- ---- r - — -- - - - - - - -- -' - -- - - - - -- - -- - - - - -- - 0+0 t+oo tfeo s+ao SECTION TROUGH BUILDING 5 /' . 10- KRTICAL k WWIZONTAL - ----r -- - - - -- - - ---t— PROPOSED R ADWAY e241- - —j-- - -- - --PROPOSED STRUCTURE - J- - -. - ----- - '----- ---1 - -- - ------i----------- - +------- - - - -- -- -- -- --- - - - -- - - -- --- - --- - - - -- r 1 — ? i ERODED ARA PROPOSED GRADE — --- �- - -- -- --. --- --}--- _-- - - -- - - - SLOPE O 0002 - - -- 370 i �- --'1-- -- —-------------_—.-1--._._... _----------------- -- -.- -. _ - - -' __. ._ _ _.. - _. __.. .— - -- -- - - - ------------ GARAGE i 1 EXISTING -GRADE - _ 300 -—t----_ FINISHED FLOOR ELEVATION 298.0 1 ' ---�----- I -- - - --- _. _ - - --- --- ---- - 290 I I ' 290 Ot00 1+00 1+D0 2+00 SECTION TROUGH BUILDING 5 -_----__--- t' - 70' VERTICAL k HORIIONTAC .. •,. g,:. :�,,..+�: ... .... .�.. ,,. -- .--:_�_.. .,.. r,. .. .. _• __, . ,....-....,z .,.. .......a..;ar.�eaw,-..a�wwa.:..u�a�^r.. wet-C_. �.tac�,._+...e�k.,....�. __... ..r �.•1 �:._...._s-s=>,:� .�_.- _ c) For wetlands that have been disturbed, what steps will be taken to restore impacted functions (e.g., plantings, seeding, mulching exposed soil, removal of fill, etc.) No wetlands will be disturbed by this development. 16. Wetland compensation (creating replacement wetlands) is a measure to mitigate adverse impacts on protected functions that will only be possible in rare cases for specific functions (see Section 8.5.c of the Vermont Wetland Rules). If a compensation plan is part of this proposal, demonstrate by narrative and reference to plans how the steps in Section 8.5c(1-7) will be met. No compensation is proposed for this project. DISTRIBUTION 17. Submit the original request for conditional use determination to the Wetlands Office, Division of Water Quality, 103 South Main Street, 10 North, 2nd Floor, Waterbury, Vermont 05671-0408. Notification of receipt will be sent to the applicant once a complete applica- tion has been received by the Wetlands Office. 18. After receiving notification of completeness from the Wetlands Office, send a complete copy of the application to the Town Clerk and Regional Planning Commission. Also, send copies of the location map, a description of the specific action(s) for which conditional use determination is sought, the supporting narratives, and a listing of where complete copies of the request have been filed to: a) the municipal planning commission and/or conservation commission b) all persons owning property within or adjacent to the wetland or buffer zone (Item 10. of the application). CUD-8 f) Threatened and endangered species habitat: The wetland is not significant for this function. g) Education and research in natural science: The wetland is not significant for this function. h) Recreational value and economic benefit: The wetland is not significant for this function. Part of the plan for the development is a 20-foot pedestrian easement for a proposed nature trail across the property near the wetlands; this will greatly enhance the value of these wetlands for recreation. i) Open space and aesthetics: Sections of the wetlands are visible from Interstate 89 and from the Summer Woods development, so they are significant for this function. The wetlands will remain untouched by the development, so this function will continue. As noted above, the proposed nature trail along the edge of the wetland complex will increase the significance of the wetlands for open space and aesthetics. j) Erosion control through binding and stabilizing the soil: The wetland is not significant for this function. 15. Demonstrate by narrative and reference to plans that the following mitigation measures have been used to achieve no undue adverse impacts to the protected wetland functions. a) Can the proposed activity practicably be located on an upland portion of the site or on another site owned, controlled or available to satisfy the basic project purpose? (Explain). The development is entirely on upland portions of the property, with only parts of embankments bordering the storm water detention pond located in wetland buffer zone. The detention pond is necessarily located at the lowest point in the development, hence its location near the wetlands. b) Demonstrate how all practicable measures been taken to avoid or minimize adverse impacts on protected functions, including project redesign or project scale back. The project has been redesigned to move struc- tures and roadways out of the wetland buffer zone, and the number of buildings has been reduced from 25 to 23. The functions for which this wetland has determined to be significant - water storage for flood water & storm runoff, surface & ground water protection, wildlife & migratory bird habitat, hydrophytic vegetation habitat, and open space and aesthetics - will not be impacted by the development as proposed. CUD-7 Natural Resources (241-3770) may make preliminary determinations as to which, if any, of the functions specified in Section 5 are served by the wetland. Demonstrate how the project as proposed will avoid any undue adverse impacts on each of the functions for which the wetland has been determined to be significant. Refer to plans and other attached documents as necessary. a) Water storage for flood water and storm runoff: The wetlands have the capacity to store flood waters and storm runoff. But with no developed public or private property downstream to the Winooski River and little or no important habitat for aquatic life, this function is deemed to be of minor significance. The capacity of the wetland to perform this function will not be impaired by completion of the development. b) Surface and ground water protection: Surrounded as it is by highways (Patchen Road and Interstate 89) and residential development, these wetlands likely inter- cept pollutants from runoff. These pollutants are likely sequestered as flows pass through dense stands of vegetation and settle out of stream water as it flows slowly through the wetlands. Additional storm water runoff is expected as a result of the project, but the project runoff will be treated in a retention pond before release to the wetland, and the wetlands' capacity to treat such runoff will not be lessened or impaired. c) Fisheries habitat: The wetlands are not significant for this function. d) Wildlife and migratory bird habitat: The wetlands have habitat to support use by wetland dependent species of wildlife such as mink, waterfowl, and amphibians. Additionally, the diversity of habitats in and near the wetlands contribute to the wetlands' value as wildlife habitat. By avoiding impacts to the wetlands themselves and by avoiding all but 3,350 sq. ft. (0.08 acres) of wetland buffer zone, the project minimizes impacts to wildlife habitat concentrated in the wetlands. e) Hydrophytic vegetation habitat: Many plants of the rare species Ranunculus pennsylvanicus or bristly crowfoot were found in the wetland area at the south- western corner of the property. The area where these plants were found will be unaffected by the property, and therefore there should be no impact on them. CUD-6 c. Description of dominant vegetation: Emergent herbaceous growth includes sedges (Carex spp.), cat -tails (Tynha latifolia), and graminoids such as fowl meadow grass (Glyceria striata) and rice cut -grass (Leersia oryzoides). The shrub community is made up of alders (Alnus rugosa), and glossy buckthorn Rhamnus Frangula); elms (Ulmus americana) and red maple (Acer rubrum) dominate forested wetland areas. d. Description of soils in the wetland and buffer zone (from Soil Conservation Service soil surveys or site investigations): The development is primarily on Adams and Windsor fine sandy loam, with wetlands occurring on soils mapped as Munson and Raynham silt loam and Hartland very fine sandy loam. The Raynham component of Munson and Raynham silt loam is a poorly drained hydric soil. e. Check the characteristics of the wetland that apply: flooded most of the time X standing water during at least part of the growing season X water impounded by beavers X soils are saturated during at least part of the growing season dry most of the year f. Description of buffer zone: The buffer zone is primarily forested with mixed growth or in shrubs. Except for the palustrine forest section of delineated wetland, the demarcation between wetland and upland is relatively distinct, and vegetation communities correspond to the wetland indicator status for their respective locations. 13. Describe in detail the work that is proposed within the wetland or buffer zone, referencing attached plans where appropriate. Attach photos of wetland, if available. As shown on Sheet SP2 of the attached plans, a detention pond for storm water runoff is to be placed between two areas of Class Two wetland. The retention pond will have two outlet structures at different elevations, to distribute flow to two different sections of wetland. 14. Before this section is completed it will be necessary to determine for which functions the wetland in question is significant. The functional criteria for evaluating a wetland's significance are described in Section 5 of the Vermont Wetland Rules. It is presumed that all mapped wetlands are significant for all 10 functions. The Wetlands Office of the Agency of CUD-5 Marilyn J. Gleason 34 Luck St. Burlington, VT 05401 Richard & Sue A. Sweterlitsch 219 Patchen Rd So. Burlington, VT 05403 Alan V. Merchant David A. Keough Holly A. Ryan Gary E. & Grace E. Martin WETLAND AND BUFFER ZONE IMPACTS 215 Patchen Rd. So. Burlington, VT 05403 211 Patchen Rd. So. Burlington, VT 05403 209 Patchen Rd. So. Burlington, VT 05403 11. Complete the following for the wetland in question. a. Size of wetland (to nearest , acre):TS b — ee4i� b. Check the dominant type of wetland present open water X marsh wet meadow X shrub swamp forested swamp bog or fen beaver -influenced wetland other (explain): c. Name of all streams, rivers, lakes, and ponds adja- cent to the wetland and approximate distance from proposed activity: The area is drained by unnamed tributaries to the Winooski River. d. Approximate the percentage of each of the following cover types in the area surrounding the wetland: 95 forested agriculture old field open water lawn 5 residential commercial or industrial road other (specify) 12. Complete the following for the portion of the wetland and buffer zone in the area of the proposed impact. a. Area of impact in wetland (sq ft): 0.0 ft2 Area of impact in buffer zone (sq ft): 3,350 ft2 b. Check the type of wetland present (check all that apply): X open water X marsh wet meadow X shrub swamp X forested swamp bog or fen X beaver -influenced wetland other (explain): CUD-4 10. List the names and complete mailing addresses of all persons owning property within or adjacent to the wetland or buffer zone in question. Name Germaine Leclair Summer Woods Associates W.W.Hart Mailing Address with Zip Code 185 Patchen Rd. So. Burlington, VT 05403 252 College St. Burlington, VT 05401 Summer Woods Community Assoc. P.O. Box 2121 Carol Gansby, Agent So. Burlington, VT 05403 Tygate Properties Evelyn Lamplough c/o Tygate Properties Carolyn R. Dorfman Stephen Pendo David M. Burns Elizabeth A. Carter John P. & Helen Gouvin John A. Swainbank James A. Martin Michael Pasqual The Society of H. Adam c/o Carl Lisman, Lisman & Lisman City of South Burlington 1076 Williston Rd. So. Burlington, VT 05403 1076 Williston Rd. So. Burlington, VT 05403 355 Patchen Rd. #1 So. Burlington, VT 05403 355 Patchen Rd. #1 So. Burlington, VT 05403 355 Patchen Rd. #3 So. Burlington, VT 05403 355 Patchen Rd. #4 So. Burlington, VT 05403 355 Patchen Rd. #5 So. Burlington, VT 05403 355 Patchen Rd. #6 So. Burlington, VT 05403 355 Patchen Rd. #7 So. Burlington, VT 05403 355 Patchen Rd. #8 So. Burlington, VT 05403 84 Pine Street Burlington, VT 05401 575 Dorset St. So. Burlington, VT 05403 CUD-3 7. General description (include number and size of buildings; number of lots; length of roads; type of sewage disposal; etc.): 23 4-unit buildings, accessed by a /,2�'%-foot road. Municipal sewer and water. OTHER INFORMATION 8. Are any other federal, state or local permits required for this project, and if so have they been applied for or obtained? Applied Required For Obtained Army Corps of Engineers Permit [NO J [ ] [ ] 401 Water Quality Certification [Yes] [ ] [ ] VT Act 250 Permit [Yes] [ ] [ ] VT Stormwater Discharge Permit [Yes] [ ] [ ] VT Lakes and Ponds Permit [NO ] [ ] [ ] VT Stream Alteration Permit [NO ] [ ] [ ] Local Zoning Permit [YES] [ ] [ ] Other: NONE [ ] [ ] [ ] 9. Attach the following information to the application: [X ] Location map (project area marked on a USGS topographic map or Vermont Significant Wetlands Map). [X ] Site plan(s) including existing conditions, proposed work, erosion controls, and wetland and buffer zone boundaries (see Sections 3.2 and 4.6 of the Vermont Wetland Rules for description of methodology). [X ] Any other narratives or documents that the applicants intends to rely upon in support of the proposed Conditional Use. [ ] Photos of wetland, if available. CUD-2 CONDITIONAL USE DETERMINATION APPLICATION Title 10 V.S.A., Chapter 37, Section 905 . file number: date received: [ ] complete [ ] incomplete date completed DEC Reviewer OFFICE USE ONLY INTRODUCTION The following questions must be answered in order for this application to be considered complete. If you have ques- tions on any portion of this form, please call the Vermont Wetlands Office at (802) 241-3770 for assistance. NAMES 1. Applicant: Randall G. Munson Address 366 Dorset Street So. Burlington, VT 05403 Phone (802) 863-9039 2. Landowner (if different) Address Phone 3. Representative: Errol C. Briggs William Countryman Environmental Assessment and Planning Address RD 1, Box 999 Northfield, VT 05663 Phone (802) 485-8421 PROJECT DESCRIPTION 4. Location: (Street Address) Patchen Road South Burlington 5. Acres owned by applicant and landowner at project site: 27.76 Acres Acres involved in project: -% 6. Project purpose: Creation of residential subdivision of 23 4-unit buildings with access roadways, driveways and sidewalks. �ml� mm-W WM. D. COUNTRYMAN Environmental Assessment And Planning R.D.l, WINCH HILL NORTHFIELD, VERMONT 05663 802-485-8421 VIA FAX TO (802) 863-6395 12 May 1995 John Yeager South Burlington Realty Company 366 Dorset Street South Burlington, VT 05403 Dear John, As promised Tuesday, I am forwarding revised comments in response to concerns expressed by the South Burlington Natural Resources Committee about wetland and water quality impacts from the Centennial Commons development. I have, to the extent practicable, keyed my comments to applicable sections of the South Burlington zoning regulations. Comments by the Natural Resources Committee on poten- tial wetland impacts center around "crowding of wetlands and slope stability." In addition, they expressed concern about water quality impacts stemming from actions in the wetland buffer zone. Sections 3.402, 3.403, 3.404 of the zoning regulation deal with adverse alteration of soil or vegeta- tion, and water quality. I believe concerns that planned alterations of soil and vegetation in wetland buffer zone will impact the nearby wetland are valid if the following factors are present: (a) the erodibility of the soil type is high; (b) the slope is steep and long; and (c) there is a source of runoff (d) no precautions are taken to prevent erosion or to stabilize disturbed areas. The soil type in the area where most of the earth removal is planned is Adams and Windsor loamy sands. These soils are subject to erosion by wind and water if they are left exposed, but if plans include immediate mulching and re -vegetation of exposed areas, and if existing cover on the untouched portion of lower slopes is preserved, there should be no problem. Due to the length of the existing slope, erosion potential can be far greater on existing slopes than on re -engineered topography. In effect, the degree and length of slope will be lessened, thus diminishing the opportunity for erosion. The fact that Adams & Windsor soils are highly permeable (precipitation tends to percolate readily rather than run across the surface creating drainage channels) also limits the chances for erosion at this site. John Yeager 12 May 1995 Page 2 As I understand it, runoff from the project will be handled through use of treatment swales (a permitted use under Section 3.203), therefore the potential for runoff that might result in erosion or impacts to water quality should be no greater with the project than at present. While the area of impermeable surfaces, i.e., paved areas and building roofs, will increase the amount of runoff needing treatment, directing this runoff away from disturbed areas and slopes ought to provide adequate protection. I assume that the treatment swales are to be located in areas with the least slope, as effectiveness increases as the period of contact between the runoff and the vegetation lengthens. Adams & Windsor loamy sands are generally very low in natural fertility, and any planting to stabilize exposed surfaces will require some addition of organic material and possibly fertilizer. The proximity of wetlands and concerns about water quality will make this a sensitive issue, but landscape professionals should be able to advise; given the common occurrence of these soils in the Burlington area, this is a problem that has likely been dealt with locally many times. Two common causes of erosion and slope disturbance on Adams & Windsor soils in the Burlington area should be noted. First is poorly planned/designed/maintained trails. Examples are common in Centennial Woods and East Woods where trails on slopes have become deeply incised. The existing roadway or trail leading down into the Centennial Commons site also shows how traffic on unvegetated Adams & Windsor slopes results in mechanical erosion and creates opportunity for erosion from runoff. A second potential erosion problem on Adams & Windsor soils in the area results from poorly maintained culverts and drains: in Centennial Woods, at the airport, and elsewhere, there are instances where flow around drain pipes has eroded supporting soil, sections of pipe have fallen away, and a drainage way is progressively cut into the slope. With the elimination of topographic extremes within the site and a properly engineered storm drain system, neither of these problems should occur. Section 3.50 of the Regulations describes conditions under which nonconforming uses and activities may be permitted, and 3.503 (a)-(e) lists the attributes that must not be affected adversely. I will address these attributes in order: John Yeager 12 May 1995 Page 3 (a) ability to carry or store adequately flood waters. Although the project area wetlands offer flood water storage capacity, proposed actions will not restrict or divert flow of flood waters or increase the peak discharge from the wetlands to areas downstream. In addition, the project as planned will not, in my opinion, endanger the health, safety or welfare of the public or other landowners adjacent to the wetlands. (b) water quality by virtue of erosion or run-off. With proper erosion control measures during construction and prompt re -vegetation of exposed soils, erosion on this site can be minimized. Similarly, the use of well -designed settlement basins or treatment swales will adequately treat any run-off from the site so that adverse impacts to the wetland resource will be avoided. (c) the use and enjoyment of adjacent properties. Given that all proposed actions in the CO District will occur on the Centennial Commons property, the use and enjoyment of adjacent properties should not be diminished. With the exception of minor changes to the view from some of the Summer Woods properties, no other impacts should be evident. (d) wetland functions and values. Although no formal evaluation of the functions of the project area wetlands has been performed, it can be anticipated that they will be found to be significant for the following functions: 1. Surface and ground water protection. The project will not alter the wetlands' capacity to perform surface and ground water protection, nor will it add significant quantities of pollutants. 2. Wildlife and migratory bird habitat. The species of wildlife observed at the site or expected to occur there will likely remain after the project has been built. 3. Hydrophytic vegetation habitat. Bristly crowfoot (Ranunculus pennsylvanicus), regarded as "rare" by the Nongame and Natural Heritage Program, was noted in field work in the Class Two wetland. Given the project design and the location of the plants, the project will have no effect on this species. 4. Open space and aesthetics. The opportunity for this function will be enhanced by completion of the project, as the wetland complex will become more readily visible by the public, without loosing its open -space quality. John Yeager 12 May 1995 Page 3. 5. Erosion control through binding and stabilizing the soil. The capacity of the wetland to perform this function stems from the dense vegetation along a winding stream course; these features will not be adversely impacted by the project. (e) wildlife and fisheries habitat. As noted above, the species of wildlife that were observed in these wetlands or could be expected to occur there can be expected to occur there after the project has been built. The wetlands and adjacent habitat are bounded by commercial or residential land uses, as well as highways, and species using this area are most likely to be species more or less adaptable to a semi -urbanized environment. In summary, the ability of the wetlands to perform these functions will not be adversely affected by the project. I hope these thoughts will be of help; if you need additional information, please call. Sincerely, IAC Errol C. Briggs ECB/s CENTENNIAL HEIGHTS U d South Burlington Realty Co. U Elevation shown is for "worst -case" building height at buildings U with walk -out basements. Typical buildings 10 - 22. M y z m � m 00- E I� lrrtnrtrrtrtrt ---------- �I m 0 M SIDE ELEVATION 0 SHOWING OPTIONAL FEATURES H 0 5' 15' (802) 658-7955 OJ�H RLq` c� TO: Planning Commission 575 DORSET STREET D o SOUTH BURLINGTON- 2 FROM: Natural Resources Committee VERMONT, 05403 44[ RESOUa��y DATE: 28 April 1995 RE: Centennial Commons Development on Patchen Road The Natural Resources Committee has concerns regarding the crowding of wetlands and slope stability of the bank as outlined in this plan. We are concerned about the impact to the buffer zone and the effect that changes will have on water quality. In order to fully understand this plan we will visit the site. Centennial Heights Enviromental Issues Environment Issues for SBPC to address: Wet Lands Proximity and Run Off Erosion Highly Eroable Non -Fertile Soil Adams and Windsor Loamy Sands Eroable by Wind and Water Fertilizers and Chemicals must be used Water Quality will be effected They will effect the wetlands Erosion will move tainted soil into the wetlands This plan calls for Major Re -engineering the Topography - Bull Dozer Striping trees... Erosion will be a big problem Run Off Run off - Roofs Specify Gutters on Units to purulate Snow Snow plowed off the Streets must melt into drain Snow Storage Site & Plan not melt into the Wetlands Treatment Run off - Streets Must be treated Oil, Gas and Hydraulic fluid Holding tank must have treatment facility Before dumping into the wetlands Wall Retaining Wall on the Boundary of the buffer Zone How.... without crossing into the buffer zone Encroachment of buffer zone State Wetlands Office must issue a "Conditional Use Determination" Second Opinion We believe the Wetland Delineation may be inaccurate Wet Land Delineation State will conduct a 2nd survey for free Army Corps of Engineer is also interested in these wetlands If anyone reports a possible encroachment they will visit the site Federal Laws will apply Page 1 of 3 From SB Citizens Agianst Centennial Heights Centennial Heights Enviromental Issues Bonding If Approved 26.105 Bonding Requirements for Landscaping The Landscaping budget which we saw did not include enough to control the Erosion Major Re -engineering the Topography = Major Erosion �'C1 Grading Plan hasbeen requested General Requirements Code 25.151 Part G, Protection of Streams Wetlands, Wildlife Habitats Scenic Views Wild Life Hydrology will change Beavers Buoring under banks Fox Deer Otters Raccoons and Skunks & Squirrels Crustaceans Crayfish Over 30 Species of Birds Blue Heron Pets of the new occupants of the Project move this wildlife Trees 1000s and 1000s Trees Oak 100 to 200 years old Acorns Hard Mast Also Soft Mast Berries Paper Birch White Pines Habitat Old Growth cavities Bird Habitat David Capen over 30 Species of Birds Page 2 of 3 From SB Citizens Agianst Centennial Heights Centennial Heights Enviromental Issues Vegetation Date of Report May 12 too early in year Bristly Crowfoot was found is considered rare Field work must be done later in the season to find all the possible rare or sensitive Vegetation Once Again on City Code 25.151 Scenic View end of Larch Road Density Issues will be covered next by Mr. Nick Bannano In summary on the Environmental Issues: 1 We Know we have Delicate Environment in this location 2 We Know the buffer zone will be crowed via walls and buildings 3 We Know we have a low fertile soil that will require fertilizers 4 We Know the low fertile soil which is highly eroabable 5 We Know Fertilizers will affect th Water Quality in the wetlands 6 We Know the Hydrology of the Site will change and effect the wildlife 7 We would like to take the State Wetlands Office up on the free second opinion Before any city approval we request the city take advantage of the free wetlands deline 9 We Know the space is crowded with a large number of units We as a city have approved a number of units that exceeds the base maximum by 35 U We suggest from an environmental standpoint we should consider a number much low than the base maximum. 111 91 74 Approved by the SBPC Builder can fit Code In Conclusion: 1 We feel the location is best suited as a natural environment just as it currently is to add green space for the community. 2 If the project is built the number of units must be cut significantly and bonding should be used to insure proper landscaping Page 3 of 3 From SB Citizens Agianst Centennial Heights City Of South Burlington Planning Commission 575 Dorset Street South Burlington, Vermont 05403 RE: Centennial Heights - Comments and concerns related to above proposed Development. The following concerns of encroachment by way of Article III, 3.303 in respect to current existing development plans: 41 - Encroachment into existing CO Zone on lot number five (#5) by way of actual structure and the addition or moving of soils, this is also of concern on lot number four (#4), suggestion to move these lots in away from the Co Zone boundary. #2 - Proposed plan shows retaining walls to be constructed around the circumference of the development, these walls are to be constructed out of cement. It is requested that the walls are to be constructed in a way that they will not be pushed into the CO Zone as the years pass and that in the construction of these walls the CO Zone is not encroached upon by added soil or machines, plans show walls to be very close to the boarder of the CO Zone. Additional concern : 43 - That measures are implemented to keep unwanted traffic from using the proposed nature trails. The changes by the applicant in an attempt to meet previous concerns is appreciated, however we feel that the listed concerns are valid and should be addressed. Sincerely, South Burlington Natural Resources Committee 1 South Burlington Realty Company 366 Dorset Street South Burlington, Vermont 05403 (802) 863-9039 December 1, 1995 Mr. Raymond J. Belair South Burlington Planning & Zoning 575 Dorset Street South Burlington, VT 05403 RE: CENTENNIAL HEIGHTS Dear Ray: Enclosed is a revised set of plans for the Centennial Heights project, along with additional materials to address the issues raised in your November 16 memorandum. In the approximate order of your memo, we have dealt with the issues as follows: - A landscaping plan has been submitted which we believe meets the requirements of Section 26.105. (See Sheets SP2 and D8). We request that the street trees be included in the landscaping budget. - The revised coverage information has been included on the site plan. (See Sheet ). - Street lights have been added to the plan at several locations. (See Sheet SP2, and sheet D8, figure 7.) - Dumpsters will not be provided. Refuse will be collected from each residence. - The plan now calls for a sidewalk along the frontage of Patchen Road. (See sheet SP2). - Each condominium includes one parking space in the garage and one space in the driveway directly in front of the garage. (See sheet D8, figures 5 and 6). - Two bicycle racks are planned for the large common area in the center, near the play equipment and gazebo, respectively. Bicycle parking and storage will be provided by each resident within the appurtenant garage. - The requirement for recreational vehicle parking and storage will be met by including in the Homeowners Association documents a prohibition against the onsite parking and storage of such vehicles. This method of ensuring that the issue will not cause an onsite problem was approved by the Planning Commission at the Sketch Plan hearing. The revised sewer allocation request, allowing for 50 two - bedroom and 50 three -bedroom units, is for 38,225 g.p.d. Consistent with our policy that there by no vertical construction within the C.O. zone, the decks have been deleted for two of the condominiums in building #4. The name of Arbor Road has been corrected on all sheets. Prime Real Estate — Commercial, Residential, Industrial Development Design, Build, Lease, Consulting I Mr. Raymond J. Belair December 1, 1995 2 The properly signed and stamped perimeter survey has been included in the plan set. (See sheet labelled "Boundary Plat"). - A preliminary traffic impact analysis is included herewith. The results of that analysis indicate that the project traffic is under 2.5% of the background traffic on any leg of the Williston Road/White Street intersection or the Williston Road/Patchen Road/Hinesburg Road intersection. Although the percentage is somewhat higher the actual numbers at the Patchen/Kirby intersection are very small, with approximately two added turning movements during the design hour. Because of the very low percentages of background traffic and/or very low actual numbers, we believe these three intersections do no warrant a full performance analysis. The fourth intersection, the Patchen/White Street intersection, also experiences a relatively low percentage of added traffic in the six percent range but we would concur that this may be high enough to warrant a Level of Service analysis for the pre - build and post -build condition. In addition to the relatively low numbers compared to the background traffic, the project traffic will be phased in gradually over a period of several years. There will be some clearing in the 50 foot PUD perimeter in two areas. The first is along the south side of the entrance road between Patchen and Arbor Roads. This area now has mixed vegetation which generally does not create an effective buffer. After the roadway is complete, a row of red oak street trees will be planted in this area. The second area of such clearing will be to the south of buildings 21 and 22 where some clearing will be necessary in connection with the re -grading in this area. The landscaping plan calls for a dense planting of white pines in this area to screen the project from the neighboring Summerwoods. - The living space within each unit, exclusive of basements and garages, is as follows: Buildings 1, 2, 3, 6, 7, 12, 16, 23, 24, 25: Interior and end units are 1,090 square feet. Buildings 4, 5, 8, 9, 10, 11, 13, 14, 15, 17, 19, 20, 21, 22: Interior units are 1,140 square feet, end units are .1,300 square feet. Street trees are shown along the private road. (See sheet SP2). - Base flood elevation data does not apply to this property. (See note on sheet SP2). - A mailbox cluster has been added to the plan at approximately station 8+75. Although portions of this facility are within the 60' night -of -way, we believe it is C Mr. Raymond J. Belair December 1, 1995 3 by far the most suitable location in terms of convenience and safety. A name will be proposed for the new street prior to the Final Plat submission. The portion of the project road between Patchen Road and the Arbor Road extension, as well as the Arbor Road extension, will be a public road with a 60 foot right-of-way and the standard public -road section including a 30 foot pavement width and a 4 foot green strip between curb and sidewalk. This project will meet the height requirements of the South Burlington Zoning Ordinance. A profile of the "worst -case" building profile has been included herewith. The C.O. Districts are labeled on the plans. (See sheets SP2 and SP3). - Concerning the Fire Chief's comment, we agree to provide the additional hydrant suggested. This will be reflected on the plans prior to Final Plat. - Concerning the City Engineer's comments, we have the following response: The water supply flow test will be performed before we proceed with final plans. Obviously, the water supply must be adequate for fire protection and we will pursue this. The public section of the street provides for a 30 foot paved surface with a 4 foot separation between curb and sidewalk. On the private section of the roadway the tightness of the site has called for a 24 foot road width and a sidewalk adjacent to the curb. This is necessary in order to ensure that there will be no conflict between the driveway parking spaces and the sidewalk. Although this will add modestly to the maintenance cost, we believe this is an acceptable trade-off in the private section of the roadway. One of the key ingredients to this plan is that there will be a strict ban on parking in the street. At Valley Ridge, for instance, there is onstreet parking and thus the 24 foot street width does not suffice. Although we would agree to remove the island, we believe it is necessary to meet the public safety requirement of two separate roadway sections so that a single vehicle will not be reasonably able to block all access to the condominiums around the circle. The Patchen Road sidewalk has been extended as requested, and we are in agreement that the sewage pumping station and force main will remain private. Mr. Raymond J. Belair December 1, 1995 I trust this addresses most of the concerns which have been raised. I welcome additional questions. Thank you for your timely assistance with this project! Singei�eI/I O J n G. SfgRea)EA��elopment er Di ecto enclo 4 I South Burlington Realty Company 366 Dorset Street South Burlington, Vermont 05403 (802) 863-9039 February 2, 1996 Mr. Joe Weith South Burlington Planning & Zoning City of South Burlington 575 Dorset Street South Burlington, VT 05403 RE: CENTENNIAL HEIGHTS Dear Joe: Attached is a complete set of prints and Final Plat application for Centennial Heights. Please note the following changes to the project since Preliminary Plat approval: - The number of buildings has been reduced from 25 to 23, with a reduction in the number of condominium units from 100 to 92. - The grading has been modified slightly behind (to the northeast of) buildings 1 - 10, to allow for walkout basements where possible. - The pedestrian trail has been extended to the Lanplough property and incorporated within a 20-foot easement, which has been has been labelled appropriately on the Plat and sheets SPI, SP2 and SP3. - Along the public street from Patchen Road to building 3, the sidewalk has been moved so it is One foot from the r.o.w. line, and the water line has been moved to the green space between the curb and sidewalk. - In the area where the private roadway is divided, the southerly land has been widened from 15 feet to 18 feet to provide more clearance for those using the adjacent parking. - The sidewalk has been moved to the preferred location along the front of #209, 211, 215 and 219 Patchen Road. We propose to put in 283 feet of sidewalk beginning at the common boundary with Martin at 209, plus whatever reasonable distance will take it to the next driveway. - The mailbox cluster has been relocated outside of the City r.o.w. - The proposed street name is Catamount Terrace. - Two fire hydrants have been added, at approximately Station 11+50 and Station 16+00. - The survey description of the City street has been added to the Plat and elsewhere. The water supply situation has been researched and clarified. Testing has documented that there is ample water available to meet any reasonable standards for fire protection. I have enclosed a copy of the data and conclusions. I have shown these to Bill Szymanski and Chief Possich; as far as I know they concur. The one remaining item which does not appear on the plans yet, but which we propose to do assuming it can be done without undue difficulty, is a tie-in with our 8" Prime Real Estate — Commercial, Residential, Industrial Development Design, Build, Lease, Consulting water main to the Summerwoods water line at the nearest point it's available along Arbor Road. I assume a condition of approval would be to get Bill's approval for the details of this. The sewer request is decreased by 3,000 g.p.d. because of the decrease in the number of condominium units (four less 2-bedroom units and four less 3-bedroom units.) The revised total would appear to be 35,225 g.p.d. The traffic study has been included herewith which examines the White Street/Patchen Road intersection. In spite of the general feeling of congestion it does not appear that there is any significant decrease in the performance of this intersection due to the development traffic. The revised project costs are as follows: a) Buildings $3,680,000 b) Landscaping $ 44,300 c) All other $ 410,000 I believe the above represent all of the changes. We request a Final Plat hearing at the next available opening, which I assume is the March 12 meeting. Please contact me if there is anything else we need to provide. Thanks! COMPUTATION OF TOTAL RESIDENTIAL IMPACT FEES (Use separate Form R-1 for single family and multiple family dwellings) PROJECT DATA: (1) NUMBER OF DWELLINGS BY TYP: SINGLE FAMILY DWELLINGS MULTIPLE FAMILY DWELLINGS (2) "EFFECTIVE DATE" FOR TAX CREDITS: IMPACT FEES: (3) (4) (5) (6) SCHOOL IMPACT FEE PER UNIT Q ( From Sheet R-2 ) $ c`��� lJ� / unit times NUMBER OF UNITS (From (1), above) X units equals TOTAL SCHOOL FEE _ $_ RECREATION IMPACT FEE PER UNIT ��, (From Sheet R-3) $ P7" / unit times NUMBER OF UNITS (From (1), above) X units equals TOTAL RECREATION FEE _ $_ ROAD IMPACT FEE PER UNIT .t (From Sheet R-4) $ �S-� T / unit times NUMBER OF UNITS (From (1), above) X units equals TOTAL ROAD FEE _ $_ TOTAL IMPACT FEES (3+4+5) FORM R-11 /4J P 6 FORM R-2 COMPUTATION OF SCHOOL IMPACT FEE PER DWELLING A. SINGLE FAMILY DWELLINGS BASE FEE (1) - CREDIT FROM TABLE SCH-1 - (2) - CREDIT FROM TABLE SCH-2 - TOTAL SCHOOL FEE PER DWELLING B. MULTI -FAMILY DWELLINGS $ 2,183.94 BASE FEE $ 1,091.97 (3) - CREDIT FROM TABLE SCH-1 - '-/C7 ( 4 ) - CREDIT FROM TABLE SCH-2 - v q. O / TOTAL SCHOOL FEE PER DWELLING $`'!'� FORM R-3 COMPUTATION OF RECREATION IMPACT FEE PER DWELLING A. SINGLE FAMILY DWELLINGS BASE FEE (1) - CREDIT FROM TABLE R-1 (2) - CREDIT FROM TABLE R-2 (3) - CREDIT FROM TABLE R-3 (4) - CREDIT FROM TABLE R-4 (5) - CREDIT FROM TABLE R-5 (6) - CREDIT FROM TABLE R-6 TOTAL RECREATION FEE PER DWELLING B. MULTI -FAMILY DWELLINGS BASE FEE (7) - CREDIT FROM TABLE R-1 (8) - CREDIT FROM TABLE R-2 (9) - CREDIT FROM TABLE R-3 (10) - CREDIT FROM TABLE R-4 (11) - CREDIT FROM TABLE R-5 (12) - CREDIT FROM TABLE R-6 TOTAL RECREATION FEE PER DWELLING $1,686.36 a FORM R-4 COMPUTATION OF ROAD IMPACT FEE PER DWELLING A. SINGLE FAMILY DWELLINGS BASE FEE $ 221.72 (1) - CREDIT FROM TABLE ST-1 - (2) - CREDIT FROM TABLE ST-2 - TOTAL ROAD FEE PER DWELLING $ B. MULTI -FAMILY DWELLINGS BASE FEE $ 155.20 (3) - CREDIT FROM TABLE ST-1 - 1.,lq (4) - CREDIT FROM TABLE ST-2 - V.b q TOTAL ROAD FEE PER DWELLING $ -1.,5Y B City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 February 9, 1996 John Jaeger South Burlington Realty Company 366 Dorset Street South Burlington, Vermont 05403 Re: Residsential PRD, 201 Patchen Road Dear Mr. Jaeger: ZONING ADMINISTRATOR 658-7958 Enclosed are preliminary comments on the above referenced project from City Engineer Bill Szymanski, Fire Chief Wally Possich and myself. Please respond to these comments with additional information and/or revised plans, if appropriate, no later than Friday, March 1, 1996. If you have any questions, please give me a call. Sincerely, Raymond J. Belair, Zoning and Planning Assistant RJB/mcp Encls --i-00, '76 GHAMPLAIN WATER OISTRICT -cxow .a cu.rn 'oftw & s.vwc. OAT 4 O - 4w Cue.n Cary ?irx AOea SQuo surttr�,-oon. Vr C:Al LCCA rCN zFAX PHONE :MMSER VO _cE PHONZ W 4BEA : FROM: ?If X PHONE NUMBER: (802) ._ VO?•CE PFONE ;UMBER:�8021 8a4-� 454 ��i YUitSER OF PAGES -=;ICLUO►NG COVER Er, CCM1? vTS: - ,- �.z �,� /�yc J,/; AJd��l d��I�/, � /i� e DSfe,r GJ%iv G�dtJ/ � P�/i vi/c e-I � C�c �`• %��j s� j i-11i-.Li/1996 17:11 8028640435 CHAMPLAIN WATER DIST ( PAGE 02 Date: /` ty)— South Burlington Wator Department Fire Flow Test Report Test Location: / 7Vr49A, , /W MEASUREMENTS: Test Performed By:�lk USE A T/z" HYDRANT OUTLET (Indicate if other than 2'/2") FLOW HYDRANTS: I NJ UAL a uy,�,,t.rm�l Jya✓ FLOW HYDRANT STATIC PRES Hydrant #1 b—psi Hydrant #tp_—psi FLOW HYDRANTRESIDUAL P SSURE: I #1 �si (P) Hydrant #1 --cz�a_-psi (P) FLOW READINGS: (Use Formula I To Calculate Flows (Q) ) hydrant #1 11K GPM(I Hydrant #2 GPM(Q.) Total Flow (Q +Q 2+Q,)_ (Q,) Hydrant #A��`psi Hydrant 4.-- Si (P) Hydrant #3GPM(Q,) RE:21DUALHYPRANTS RESIDUAL HYDRANT STATIC PRESSURE: Hydrant #1 jN'Q psi Hydrant #2 psi Hydrant 43 psi RESIDUAL_ HYDRA_ NT_R.CSIDUA_L PRESSURE:(Residuals Must Be At Least 10 psi Below Static) Hydrant 01 e psi Hydrant #2 psi hydrant #3 psi DISCHARGE AT 20 psi RESIDUAL GPM (Q:.) (Use Formula #2 below) FORMULAS: 1) Q - 29.33 C d- V ` Q — Discharge in GPM C — Hydrant Coefficient (SEE BACK) d - Diameter of outlet in inches P — Vol. Pressure in psi. I',.2) Q:� s Qr am Hr Q,. W Discharge at 20 psi Qr — Actual Test Discharge(total flow) (Use the worst case residual hydrant info. for the following values) Ha = Drop from original static pressure to 20 psi residual Hr - Pressure drop during test in psi Draw Sketch and Other Information On Back (it: tank, tank level, pumps, ex...) HAAMIPROXFIREFLOW.SAM 10130" 3Q TUE 17� TRUDELL CONSULT G ENGR.S P 01 CENTENNIAL WOOaS Hydrant test conducted to determine fire flows. The hydrant next to the entrance (#579) was flowed at 1130 gpm with a pre5sure of 80 p51 gtaVc and 45 p91 residual. Thlg would calculate to 1480 gpm at 20 psi A5 a check two hydrants were tested 5lmultaneously. They were on either bide of the proposed Pnt,rAnre. The, rei Mhos were, 71,50 ?prm pt, 20 psl re-;Id(tpl and 840 ;nm At 26 psi rf-GI�lopl. The Yva✓ lol•'v6 ii? GIa;rAtlGn orcouiit;r;g For the Molvi' �izszorc, Ti1C GGiSi✓�r CN Row zit 20 psl I5 1590 gpm. The correlation between the two tests Ig fairly close with the average being 1535 gpm. Determination of required fire flows bayed on NFPA 1231: Congtrurtlon F3rtor (( ) Cor,s`vr GtIGi, eia56;",cation • Yypc V - wood fraiiie dV,0Ni,g F _ 1.5 Wlth 1 hr rated wall and Class 6 doors there IS Oa() ft' per unit and 528 ft` In the garage on the first floor and a poe,,Ve 892 W on the second floor. The :!re3 used !s the Iarga5t su"dlvlded area + 50;V of the next largest area so that arGd uycd on 1.hc first fluur 680 f-° + O-D(660 f-C) = 1020 ft'. The area used on the Second floor Is 892 ft' + 0.5(892 ft') =1336 ft' Effective tared (A) = 1020 first floor + 0.5(1336) second floor =1689 ft' C = 15F(A)f 5 C = 18(15}(1669)"5 = 1i10 gpm Occupancy Factor (0) Occupancy H87ard ClasSificatlon = 7 0 = 0.75 Exposure Factor (X) and Corti munlcation Factor (P) Rctildentlai o,cr_rpancy - not chargod a5 expoGure - X = 0 ratty wall openings - nooe, - 171 = 0 (X+f)=1+T'(X+P)=1 Fire Flow = C(0)(X + I) = 1110(.75)(1) = 832 gpm Note: The determination of (X + P) 15 suNect to Interpretation but the maximum factor Is 1.55. U51n0 this the maximum fire flow would be 1110( 75)(1.155) -1290 gpm. Using thl5 conservative approach there is SufFICICnt fire Flow avallable. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 March 22, 1996 John Jaeger South Burlington Realty Company 366 Dorset Street South Burlington, Vermont 05403 Re: Residential PRD, 201 Patchen Road Dear Mr. Jaeger: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and Fire Chief Wally Possich were sent to you at an earlier date. Please be sure someone is present on Tuesday, March 26, 1996 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Si cere y Jo Weith, Ci y Planner JW/mcp Encls ..— o %,incinnati tiz, No. 22 Louis- ville 81: The eighth -ranked Bearr-ts came out quickly against No. 2j 9, Auburn Louisville (20-1 1), hitting four of 19 points their first six 3-pointers, and downed 'Non its the Cardinals in the Conference USA 3me in 10 semifinals Friday night. Dints and ACC 9-12). Maryland 82, Duke 69:With La - Ron Profit and Mario Lucas leading 4, George the way, Maryland's reserves out - straight time Big 8 ■ No. 5 Kansas 88, Colorado 55: Raef LaFrentz had 22 points and eight rebounds for Kansas (25-3), which beat the Buffaloes (9-18) for the third time this year. Jacque Vaughn, the Big Eight player of the year, helped shut down Colorado star Chauncey Billups, who was 1- for-12 from the field. Still can't see the ga SEE us. Shelburne R E Y E W KS Shelb Eye Exams • Prescription; Eyeglasses & c New Winter Office Hours: Mon. -Fri. 7:30 AM-6 PM, Sat. 8:30-12 Noon 65*8*3321 ASSHIEDToll Free 1-800-427-3125 - Fax Number 802-862-5622 AL NOTICES 1 Clerk, Laurie Boyd 1 1:00 p.m. (Standard ie-Daylight Savings e) Tuesday, April 9, 6, and then publicly ned and read aloud at nington Fire Station. Each BID must be ompanied by a certi- f check payable to OWNEr for five per- m (5%) of the total wnt of the BID. A BID id may be used in i of a certified >ck. Bidders are re- ded that "Federal )e Rates - Davis-Ba- Act" does not apply he WORK. The CONTRACT ;UMENTS may be ex- ied at the following tions: Wilmington Fire on, Harrington Engi- ing, Inc. in North fret, Vermont; or F.W. 7a in Burlington, font. Copies of the CON - CT DOCUMENTS be obtained at the of Harrington Engi- ng, Inc. located at tinued Next Column rmont 3ject ma ,g design/build )tractors to re- in the City of )u are interest- (s) and would ations, please i41 be submitted) d until March Barre City LEGAL NOTICES 1 Box 248, North Pomfret, VT upon payment of $100.00 for each set. BIDDERS on this WORK will be required to comply wih the Presi- dent's Executive Order No. 11246 and amend- ments or supplements to that Executive Order. Specific requirements for BIDDERS and CONTRAC- TORS under this order are outlined in the "SUP- PLEMENTAL GENERAL CONDITIONS- FmHA In- struction 1942-A (Guide 18). A Performance BOND and a Payment BOND each in an amount equal to one hundred per- cent (100%) of the con- tract price, will be required. (40 CFR § 31.36 (h). Minimum wage rates and public work employ- ment laws are applicable. March 7, 1996 Raymond C. Lavoy, Chairman, Wilmington Water District March 9, 16, 23 & 30, 1996 REQUEST FOR BID Chittenden Community Action wishes to consider bids for exterior mainte- nance service at the Chit- tenden Emergency Food Shelf at 228 No. Winooski Avenue in Burlington. The scope of the work would include snow removal and light landscaping. Inter- ested parties must have references and a certifi- cate of insurance. The specifications for the Job can be picked up at Chit- tenden Community Action, 191 North St., Burlington, VT March 11-15 from 9:00 am to 4:30 pm. A walk through at the Food Shelf will occur on Wednesday, March 21, 1996 at 10:00 am. Minority and women contractors are encour- I aged to bid. No calls please. March 9, 10 & 11, 1996 LEGAL NOTICES 1 NOTICE OF BID The Brattleboro Town School District, Dummerston Town School District, Putney Town School District, Brattleboro Union High School District and the Windham Southeast Supervisory Union are ac- cepting School Bus Transportation Bids for a three year period (1996- 97 through 1998-99 school years). The bids are for regular and special education transportation services. As an alternate bids for a five year period are also being requested. All bids shall be due on Tuesday, March 26, 1996 at 2:00 p.m. at the Office of the Superintendent of Schools, W.S.E.S.U., 15 Green Street, Brattleboro, Vermont 05301 at which time they shall be publicly opened and read. The bidding process shall consist of two parts as follows: 1. Bid Qualifier 2. Actual Transportation Bid The Districts and the Su- pervisory Union reserve the right to reject any or all bids. March 8 & 9, 1996 ADVERTISING WITH STARS IS LIKE PUTTING YOUR NAME IN LIGHTS LEGAL NOTICES 1 PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, March 26, 1996 at 7:30 P.M. to consider the following: Presentation of the pro- posed 1996 South Bur- lington Comprehensive Plan. The purpose of t plan is to provide a gui for accomplishing cond munity aspirations and in tentions. It states goals and objectives and rec- ommends courses of ac- tion for future growth and development of land, pub- lic faciites and services, and environmental protec- tion. The Comprehensive Plan affects all lands with- in the City. The plan in- cludes the following section headings: 1) Intro- duction, II) South Burling- ton Planning History, III) Comprehensive Plan Goals, IV) Populations, V) Land Use, VI) Housing, VII) Natural Resources, Vill) Recreation, IX) Aes- thietics, Historic and Cul- tural Resources, X) Transportation, XI) Eco- nomic Development, XII) Schools, XIII) Public Utili- ties and Servies, XIV) En- ergy Conservtion, X Southeast Quadrant, XVI; City Center, XVII) imple- mentation, References, and Appendices. Copies of the 1996 Com- prehensive Plan are avail-i able for public inspection', at the South Burlington City Hall. William Burgess Chairman South Burlington Planning Commission March 9, 1996 Watch your business grow. Advertise In our daily "Ifer-' vices" Directory. Call ill 3321 or 1-800-427-3125. LEGAL NOTICES PUBLIC NEARING $O BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, March 26, 1996 at 7:30 pm to consider the following: 1) Revised final plat appli- cation of South Burlington Realty Company to revise and construct the 11 re- maining units (Phase V) of a 50 unit planned resi- dential development known as Meadowbrook Condominiums, Joy Drive. 2) Revised final plat appli- cation of National Garden- ing Association to amend a previously approved planned unit development consisting of a p6,000 square foot general offi- ce/medical office building and a 12,432 square foot general office buildng on a 4.91 acre parcel of land, 60 Farrell Street. The amendment consists of constructing a 41,000 square foot general office building in place of the 36,000 square foot gener- al/medical office building. 3) Final plat application of South Burlington Realty Company for construction of a planned residential development consisting of 92 multi -family units in 23 buildn9 on 27.76 acres of land, 201 Patchen Road. Copies of the applications are available for public inspection at the South Burlington City Hall. William Burgess, Chair- man South Burlington Planning Commission March 9, 1996 LEGAL NOTICES 1 SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Mu- nicipal Offices, Confer- ence Room, 575 Dorset Street, South Burlington, Vermont on Monday, March 25, 1996 at 7:00 P.M. to consider the following: #1 Appeal of William & Pamela Foley seeking a variance from Section 25.00 Di- mensional requirements of the South Burlington Zoning Regulations. Re- quest is for permission to construct a 16'xl9' deck with roof to within eigh- teen (18) feet of the re- quired front yard located at 36 Sherry road. #2 Appeal of Douglas 'sham seeking approval from Section 13.20 Condi- tional uses, sub -section 12.213 Convenience store & Section 26.65 Multiple uses of the South Burling- ton Zoning Regulations. Request is for permission to convert approximately 175 square feet of exist- ing service station/car wash into a convenience store. Requesting appro- val from Section 12.215 Accessory uses, the stor- age and sales of land- scaping mulch, located at 1143 Williston Road. #3 Appeal of John and Kim Kane seeking appro- val from Section 26.65 Multiple uses sub section 26.651 multiple struc- tures, Section 26.00 Non- complying structures of the South Burlington Zon- ing Regulations. Request is for permission to de- molish portions of exist- ing single family dwelling and construct a new Continued Next Column lLL1 c 111MWIA111NAUnswe ^r-'•� 1 -'" ` • '� •'�- •—_-._-_ __. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 March 8, 1996 John Jaeger South Burlington Realty Company 366 Dorset Street South Burlington, Vermont 05403 Re: Residential PRD, 201 Patchen Road Dear Mr. Jaeger: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and Fire Chief Wally Possich were sent to you at an earlier date. Please sure someone is present on Tuesday, March 12, 1996 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. SincerelX, V /,/JI�10'e Weith; City Planner JW/mcp Encls South Burlington Realty Company 366 Dorset Street South Burlington, Vermont 05403 (802) 863-9039 April 28, 1995 Mr. Ray Belair South Burlington Planning & Zoning 575 Dorset Street South Burlington, VT 05403 RE: Centennial Commons Sketch Plan Dear Ray: Thank you for your comments on the proposed Centennial. Commons condominium project. This letter is in response to the comments which we are able to address at this point, which is to say prior to receiving the input of the Planning Commission at the Sketch Plan Hearing. Attached is a revised Sketch Site Plan indicating the owners of record, with a graphic scale and sewage flow information. We understand that additional guest parking will be necessary, and plan to incorporate several small parking areas at various locations in the project. We plan to discuss these at the Sketch hearing, and add them to the Site Plan shortly thereafter. Dumpster and sidewalk locations will be discussed at that time also. Although not shown on the Sketch Site Plan, we understand and agree that it will be necessary to provide two means of access. We have intended that sufficient access would be provided through some combination of Arbor Road and/or a double roadway from Patchen Road, including the possibility of some restriction on the Arbor Road extension so that traffic would be encouraged to use the direct linkage to Patchen Road as the primary means of access. Our intention was to seek the direction of the Planning Commission and staff on this, so we appreciate the comments. Although you correctly state that portions of buildings #1,4,5,9,11 and 18 appear to be located within the C.O. District, part of this is due to the manner in which the computerized drafting system rounds off the corners when plotting the 50 foot buffer zone of an irregularly shaped wetland. In other cases the very minor intrusion by a corner of the deck could be eliminated. At this point, our intention based on the Sketch Site Plan as presented would be to seek permission to intrude a few feet into the C.O. zone with the overhanging decks only, at Buildings 1, 4 and 9. This C.O. zone borders the wetland which we believe to be a Class 3 wetland, which is not directly regulated by Vermont Prime Real Estate — Commercial, Residential, Industrial Development Design, Build, Lease, Consulting Mr. Ray Belair April 28, 1995 Re: Centennial Commons Wetland Regulations, and through our consultants William Countryman Associates we are prepared to demonstrate that this minor intrusion will meet the requirements of South Burlington Zoning Regulations 3.503(a) to 3.503(e). We also seek to perform significant earth removal, and minor filling, in the C.O. Zone adjoining the Class 3 wetland. Again, we understand that this plan clearly assumes our ability to demonstrate no harm to the wetland itself, and that the Planning Commission and Natural Resources Committee must be convinced that we will satisfy the criteria of Zoning Section 3.503. Based on the initial Sketch Site Plan, the Centennial Commons proposal is generally in conformance with Zoning Section 26.151: (a) The primary source of water pollution, domestic sewage, will be piped to the City's sewer line at Patchen Road and thence to the Airport Road treatment plant, where sufficient capacity is assumed. The second major source of water pollution is stormwater runoff, and this will be handled by a combination of closed drainage and open swales, utilizing the natural topography and vegetation where possible for the overland treatment of stormwater. Prior to Preliminary Plat a stormwater system will be developed which adequately attenuates and treates stormwater. A substantial portion of the stormwater attenuation, after treatment, may be provided by the capacity of the existing wetlands on the site. During the construction period careful attention will be paid to preventing runoff, and vegetated buffer zones will be maintained or established around the perimeter of the disturbed area. Water will be provided via an extension of the South Burlington water system, and all applicable Health Department regulations will be followed. This project does not involve any significant new source of air pollution. (b) Water will be provided by the Champlain Water System, via the City of South Burlington distribution system. Documentation of ample supply will be provided in connection with the Preliminary Plat application. (c) This project's relatively modest coverage ratio, and protection of the wetlands covering a large portion of the site, helps to prevent unreasonable soil erosion. In addition, areas which now contain steep sandy soils which are subject to both water and wind erosion will be replaced with much lower plateaus surrounded by gentler, vegetated slopes on all sides except for the access area. (d), (e) and (f) The impacts of this project on highway Mr. Ray Belair 3 April 28, 1995 Re: Centennial Commons safety, the school system, and other areas of the City's infrastructure and services will be modest when viewed as a proportion of the "background" loads. If the impacts of the total project were added in a single year the effects would be quite significant, but the project will be multi -year phased project. The annual impacts, based on an expected market absorption of 20 to 30 homes per year, will be well within the capacity of the City's infrastructure and educational system. Further documentation of the various impacts will be provided in connection with the Preliminary Plat application. (g) The only significant natural resources on or near the project site are the wetland areas which are indicated on the Sketch Site Plan. These wetlands have been delineated by William Countryman Associates, pending concurrance by the Vermont Wetlands Office. The wetland which lies in proximity to Buildings 1 - 9 is considered a Class 3 wetland and thus is not protected by Vermont Wetland Regulations. In accordance with South Burlington Zoning Section 3.503, this project proposes minor intrusions into the buffer zone, but not the wetland itself, if it can be demonstrated that no harm will accue to the wetland functions and values. The Wetlands along the northwesterly boundary of the site, which extend to the adjacent properties, are considered to be Class 2 wetlands. These wetlands will be protected and no intrusion is proposed into the wetland or the associated 50-foot buffer zone. In addition to protecting the wetlands, this project will enhance certain wetland values and functions, including those of water storage, recreation and education. The Preliminary Plat application will elaborate on the specific ways in which the proposed project will affect each of the recognized wetland values and functions. (h) Centennial Commons is proposed for a site which is for the most part hidden from its neighbors due to a combination of terrain and vegetation. The project is well buffered from the existing residential and commercial properties along Patchen Road by the steep drop in terrain down to the project site, the substantial wetland areas and the woods. Except for the area immediately surrounding the entrance road, the only Patchen Road land use within 300 feet of the proposed buildings is the cemetary. No adverse impacts are anticipated. To the south, the neighbors include the houses along Patchen Road near the entrance, and residents of the Summer Woods project. A wooded buffer zone in the required 50 foot setback will provide effective screening from these neighbors. Preliminary investigations have revealed no significant instances of rare and irreplaceable natural areas or historic sites; final Mr. Ray Belair 4 April 28, 1995 Re: Centennial Commons determinations will be offered in connection with the Preliminary Plat application. (i) The Centennial Commons site offers a significant opportunity for the residents to enjoy the wooded natural areas and wetlands which surround the proposed housing on three sides. The general preference of homeowners in similar developments has been to include only very modest recreational improvements in the built environment of the project, and the Centennial Commons site does not offer substantial level areas which would be appropriate for ballfields, tennis courts and the like. Various trails now traverse the site and connect it with the neighbors, and these will be selectively improved to provide pedestrian linkages with Patchen Road, Williston Road and the nearby public park facilities along Patchen Road. The Westerly, or lower, portion of the center "island", to the west of Building #'s 24 - 27, will be developed as a tot lot and gathering place with park benches and landscape "focals". (j) The layout of the Centennial Commons roadway and utilities form a large loop with a connection to Patchen Road. Based on the preliminary input of City staff, it is expected that a secondary access will be formed by the extension of Arbor Road. It is expected that the roadway from Patchen Road up to the point of connection with Arbor Road will be public, and that the remainder of the Centennial Commons roadway will remain private. Design and construction of all roadway and related improvements is expected to conform to South Burlington's public works standards. (k) In response to recommendations of City staff, it is expected that a direct connection will be made to the Centennial Commons roadway by an extension of Arbor Road. This will be a secondary access to the project; the use of the more direct project roadway will be the normal route to and from Patchen Road unless an emergency causes that route to be blocked. Other than the roadway, there does not appear to be any significant need or opportunity for cooperation with adjoining properties in the extension of drainage, utilities or other infrastructure. (1) Centennial Commons will be an "infill" development located in a designated moderate density residential growth center. The site is in an area of existing housing and commercial activity, already served by a transportation network and public utility infrastructure. It is located close to virtually all services and facilities, including major employment, healthcare, education, transportation, recreation and commerce, and is near the core of Vermont's most substantial Mr. Ray Belair 5 April 28, 1995 Re: Centennial Commons growth center in the vicinity of I89 Exit 14. The proposed housing project conforms to the pattern of higher residential densities in the urban core served by public infrastructure. It will offer housing opportunities for a wide range of ages, family types and income levels with a minimum of travel time and energy expenditure. For these and other reasons, the Centennial Commons proposal is in conformance with the South Burlington Comprehensive Plan. I trust the above explanation will serve as an introductory view of this proposal's conformance with the PUD standards in the South Burlington Zoning Regulations. obviously, as the project works its way through the local and state approval process there will be more thorough investigation, design work, and inputs from a variety of sources including the Planning Commission and staff. All of these will contribute to the final design of Centennial Commons, and to our future responses. Thank you for your assistance to date. onn Aaege Ll �ej �/�z �vl ; v�w #G `�G� Preliminary Comments - Planning March 12, 1996 agenda items February 8, 1996 --- provide total number of per person sleeping spaces (for sewer calculation). --- a portion of a parking space is located within the driveway to Zachary's property. --- applicant is encouraged to provide a connection with the Merchants Bank property to the east as described in the enclosed "Notice of Condition of Site Plan Approval". SOUTH BURLINGTON REALTY COMPANY - PHASE V MEADOWBROOK CONDOS REVISED FINAL PLAT --- buildings should be labeled and the number of units indicated for each building. --- provide building and overall coverage information. --- indicate the number of parking spaces in each of the carport structures. --- show screened dumpster location, if any. --- provide details (cut -sheets) and show locations of all exterior lighting. --- submit landscaping plan (plan submitted entitled "Landscape/Lighting & Erosion Control Plan" does not show the site of phase V nor does it show any landscaping or lighting for the site). --- submit overall site plan of development. --- plan should indicate zoning boundaries. SOUTH BURLINGTON REALTY COMPANY - 92 UNIT PRD - FINAL PLAT --- proposed street trees along the north side of the new City street should b6 relocated further away from the sidewalk. --- additional filling is proposed at the rear of buildings 1, 2, 8 and 9. This encroachment may be permitted by the Planning Commission if the encroachment will not significantly adversely affect the attributes provided in Section 3.503(a) - (e) of the zoning regulations. --- submit 11"x 17" copy of sheet SP2. --- the lot for the mailbox cluster and the lot which will be developed with buildings should each be numbered. 3 M E M O R A N D U M To: South Burlington Planning Commission From: Wallace Possich, South Burlington Fire Chief Re: Plans Reviewed for March 12, 1996 Agenda Date: February 5, 1996 I have reviewed the following site plans and my comments are as follows: 1. OAF 3. 4. 5. Merchants Bank White Street Acceptable National Gardening Farrell Street Acceptable New Motel, Four Stories White Street Dated 1/18/96 Project No. 95318 Dated 1/19/96 Project No. 94276 Dated 1/24/96 Project No. 9604 I need to see water plans, hydrants, etc., and would also require access to north side of the building. Ledge Knoll, Phase III Dated 1/23/96 Hinesburg Road Project No. 85083-5 Acceptable Meadowbrook Joy Drive I would require a flow test from the existing hydrant to determine if a second hydrant is needed, and if so, the best location for a new hydrant. 6. Centennial Heights Dated 2/5/96 Patchen Road Project No. 94049-41 Ar�entahlP 2. Prior to issuance of a zoning permit for the first building or start of utility or road construction, all appropriate legal documents including easements (e. g. , irrevocable offer of dedication and warranty deed for the proposed public road, and utility, sewer, drainage, water and pedestrian path, etc.) shall be submitted to the City Attorney for approval and recorded in the South Burlington land records. 3. Prior to start of construction of the improvements described in condition #2 above, the applicant shall post a bond which covers the cost of said improvements. 4. In accordance with Section 301.5 of the subdivision regulations, within 14 days of completion of required improvements (e.g., roads, water mains, sanitary sewers, storm drains, etc.) the developer shall submit to the City Engineer, "as -built" construction drawings certified by a registered engineer. 5. The plans shall be revised prior to final plat submittal as follows: a) a final plat shall show the pedestrian trail located within a 20 foot wide asement. A note shall be added that the final location of the easement will be determined in the future when the trail is constructed. b) a final plat shall show a pedestrian trail connection to the Lamplough roperty and shall show the pedestrian trail connecting with the existing trail in the Summer Woods property. c), Sheets SP1, SP2 and SP3 shall be revised to show the sidewalk along the �L--iSroposed City street located one (1) foot from the r.o.w. line as required under Exhibit A-1 of the subdivision regulations. d) Sheets SP1, SP2 and SP3 shall be revised to show 283 feet of sidewalk along the front of #209, 211, 215 and 219 Patchen Road in lieu of constructing —a-sidewalk along the project frontage between #223 Patchen Road and the cemetery. e) Sheets SP1, SP2 and SP3 shall show the mailbox cluster located outside of -the City r.o.w. V11 The plan shall show a street name for the proposed new street. `g) The boundary plat shall show metes and bounds information for the ifb'posed City street. h), Sheet SP3 shall be revised to relocate the fire hydrant located at building �_ # 4 to the front of building #17 and add one (1) additional hydrant in front of building #10. /kJ Sheet SP3 shall be revised to show the water main located within the grass strip (between the curb and sidewalk) and the water shutoff's located between the sidewalk and the r.o.w. line. This applies only to the proposed City street. 6. The Planning Commission approves a sewer allocation of 38,225 g. p . d . The sewer 4 PUBLIC NEARING SOUTH BURLINGTON PLANNING 1 COMMISSION The ' South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tusday "December 12, 19% a{ 7:30 P.M. to ton - alder the tolbw)ng: Preliminary plat applics- tion of South Burlington " Realty Company for con- - strucfbn of a planned res- ' Idential development r' consisting of 100 multi rr family units on 27.76 acres of land, 201 Patchen Road. Copies of the application are available for public inspsection at the South Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission November 25, 1995 PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, March 26, 1996 at 7:30 P.M. to consider the following: 1) Revised final plat application of South Burlington Realty Company to revise and construct the 11 remaining units ( Phase V ) of a 50 unit planned residential development known as Meadowbrook Condominiums, Joy Drive. 2) Revised final plat application of National Gardening Association to amend a previously approved planned unit development consisting of a 36,000 square foot general office/medical office building and a 12,432 square foot general office building on a 4.91 acre parcel of land, 60 Farrell Street. The amendment consists of constructing a 41,000 square foot general office building in place of the 36,000 square foot general/medical office building. 3) Final plat application of South Burlington Realty Company for construction of a planned residential development consisting of 92 multi -family units in 23 buildings on 27.76 acres of land, 201 Patchen Road. Copies of the applications are available for public inspection at the South Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission March 9, 1996 �Cqn1y*1n al nwr00 name LARGE TREES(cont.) Gywwtadus dioicus Kentucky Coffeetree Guercus bicolor Swamp white Oak Guercus macrocarpe Bur Oak Guercus palustris Pin oak Guercus robur`Fastigieta' English Oak Quercus rubra Red Oak Tilia americana Basswood`Legend' `Redmond' Tilia cordate Littleleaf Linden `Chancellor' 'Glenleven' `Greenspire' Tilia tomentosa Silver Linden Zelkova serrta Japanese Zelkova `green Vase' TYPE OF BRANCHING PATTERN: ndrulIK-is Lune Physical Characteristics Soil Type pH Salt ON harks Prefence Tolerance 3 - 5 Form Height Spre. 4 broad oval 75 55 tolerates alkaline soils >6 and drought 3 broad - oval 70 60 wet soils best <6 3 broad oval 80 70 tolerates drought <6 4 conical 65 50 tolerates wet soils <6 5 fastigiate/columnar 70 40 moist, well dranined soils >6 3 broad - oval 70 50 moist, well drained <6 4 conical 60 45 well drained 6-7 3 broad - upright 60 40 3 conical to ovate 60 - 80 35 - 55 moist, well drained 6-7 broad - upright 55 35 conical 60 40 " conical 55 40 " 4 broad - upright 65 55 tolerates drought and heat 6-7 5 vase -shaped 80 50 adaptable to all sites 6-7 I FAST I G I ATE/COLUWAR VASE -SHAPED intolerant needs wide greenbelt and setback intolerant will tolerate flooding, needs wide greenbelt and setback intolerant spring planting, needs wide greenbelt and setback mod. tolerant iron chlorosis in high ph try Crownright & Sovereign tolerant powdery mildew problems tolerant spring planting, needs wide greenbelt and setback intolerant susceptible to Jap. beetles intolerant and aphids intolerant will withstand compaction, susceptible to beetles/aphids intolerant leaves silver underneath, need wide greenbelt & setback tolerant spring planting, needs wide greenbelt and setback BROAD -OVAL BRO11D-SPREADING BROAD -UPRIGHT Northern Red Oak Qu ru Quercus rubra Height: 60' to 80' (40' at age 30) Width: 45' to 65' (30' at age 30) Hardiness Zone: 5 to 8 Crown: broadly ovate, somewhat open, medium texture Foliage: 5" to 8", bright reddish or golden brown in fall Flowers: inconspicuous Fruit: 3/4 " to 1 " acorns, heavy crops every 3 to 5 years Description: A stately, fast growing tree native to moist sites in the eastern half of the U.S., extending into Canada but not the deep South. Dark gray bark, smooth at first, becomes furrowed with age. Moderately intolerant of shade. Advantages: This sturdy tree can be used in lawns and parks, and also as a street tree where space is adequate. It tolerates urban conditions along streets with heavy traffic. Limitations: Growth may be slow initially after transplanting, then becomes fast. Diseases and insects seldom cause serious problems, but it is susceptible to gypsy moth, oak wilt, cankers, anthracnose, borers, and several other pests. Acorns can be a litter problem in some years. Will heave sidewalks. Site and Culture: Transplants readily, better if B&B and planted in the spring. Prefers well drained, acid soil and full sun. Becomes chlorotic on soils with pH greater than 7.5. Tolerates compacted soil, salt, and pollutants. Prune while the tree is dormant to avoid oak wilt disease vectors. Cultivars: None generally available. Notes: ©1993 by The Pennsylvania State University. Municipal Tree Restoration Program, School of Forest Resources. Penn State University, University Park, PA 16802 M E M O R A N D U M To: Applicants/Project F.1es From: Raymond J. Belair ��Snin and Planning Assistant Y g g Re: Preliminary Comments, December 12, 1995 agenda items Date: November 16, 1995 SOUTH BURLINGTON REALTY COMPANY - 100 UNIT PRD - PRELIMINARY PLAT --- submit a landscaping plan which meets the requirements of Section 26.105 of the zoning regulations. --- submit revised coverage information for buildings and overall. --- are street lights proposed? If so, provide details including cut -sheets. Street lights are required along the public street portion. Provide details of building mounted lights (cut -sheets) . --- will dumpsters be used? If so, show locations which must be screened. --- plans should show a sidewalk along the property's frontage on Patchen Road. Plan shall also show that the sidewalk on the adjacent 185 Patchen Road property has been extended to the property line. --- plans should show the individual parking spaces for the multi -family buildings (225 parking spaces required) . --- plans should show bike racks as required under Section 26.253(b) of the zoning regulations. --- plans should show parking or storage facilities for recreational vehicles as required under Section 26.253 (c) of the zoning regulations. --- provide revised sewer allocation request if changed from sketch plan. -- a portion of the deck at the rear of building #4 is located in a C . 0. District. This is not permitted. --- change the name of Arbor Lane on sheet SP1 to Arbor Road. --- submit perimeter survey of entire property stamped by land surveyor. --- submit traffic impact analysis. -- plans should indicate what trees will be cut, if any, in the 50 foot PUD perimeter. The Planning Commission must specifically approve the cutting of trees within the PUD perimeter. --- provide square footage of living space per unit. --- landscaping plan should show street trees along the private road where there are or would otherwise be no trees (Section 412.4 of the subdivision regulations) . --- provide base flood elevation data. --- plan should make provision for a mailbox cluster at beginning of street outside of the public r.o.w. maintained by the homeowner's association. --- applicant should propose street name for the new street. --- the portion of the main access road between Patchen Road and Arbor Road including the extension of Arbor Road should be a public road with a 60 foot r.o.w. --- there should be a green strip between the curb and sidewalk. --- applicant should demonstrate that the height requirements will be met. --- C.O. Districts (wetlands and buffer area) should be labeled as such on the plan. CITY OF SOUTH BURLINGTON Subdivision Application - PRELIMINARY PLAT 1) Name of Applicant South Burlington Realty Company 2) Name of Subdivision Centennial Heights 3) Submit Subdivision Fee $550.00 4) Describe Subdivision (,i.e. total acreage, number of lots or units, type of land use, gross floor area for commercial or industrial uses)•Condominium housing development totalling 100 housing units on 27.76 +/- acres in the R4 zone. 5) Indicate any changes to name, address, or phone numbers of owner of record, applicant, or contact person since sketch plan application: None 6) Name, address, and phone number of: a. Engineer Trudell Consulting Engineers, 14 Blair Park, Williston, VT 05495 b. Surveyor Trudell Consulting Engineers c. d. Plat Designer Trudell Consulting Engineers 7) Indicate any changes to the subdivision such as number of lots or units, property lines, applicant's legal interest in the property, etc., since sketch plan application: The name has been changed (from Centennial Commons) and the number of condominium units has been changed from 108 to 100. 1 8) List names and mailing addresses of owners of record of all contiguous properties: See attached. 9) State title, drawing number, date of original plus any revisions, and designer(s) of the preliminary map(s) accompanying this application: See attached. 10) COST ESTIMATES for Planned Unit Developments, multi -family and commercial and industrial complexes: a) Buildings $4,000,000.00 b) Landscaping $47,500.00 c) All other site improvements (e.g., curb work $425,000.00 11) ESTIMATED TRAFFIC for Planned Unit Developments, multi- family projects, and commercial and industrial complexes (2-way traffic, in plus out): A.M. Peak hour 45 P.M. peak hour 56 Average daily traffic 586 % of trucks N/A Based in I.T.E., land Use Cat. 230 12) Attach FIVE copies and ONE reduced copy (11 x 17) of preliminary map showing the following information: a) Proposed subdivision name or identifying title and the name of the City.. b) Name and address of owner of record, subdivider and designer of Preliminary Plat. c) Number of acres within the proposed subdivision, location of property lines, structures, watercourses, wooded areas, and other essential existing physical features. 0 d) The names of all subdivisions immediately adjacent and the names of owners of record of adjacent acreage. e) The location and size of any existing sewers and water mains, culverts and drains on the property to be subdi- vided. f) Location, names and widths of existing and proposed streets, private ways, sidewalks, curb cuts, paths, easements, parks and other public or privately main- tained open spaces as well as similar facts regarding adjacent property. g) Contour lines at intervals of five feet, based on United States Geological Survey datum of existing grades and also of proposed finished grades where change of exist- ing ground elevation will be five feet or more. h) Complete survey of subdivision tract by a licensed land surveyor. i) Numerical and graphic scale, date and truce north arrow. j) Details of proposed connection with existing water supply or alternative means of providing water supply to the proposed subdivision. k) Details of proposed connection with the existing sani- tary sewage disposal system or adequate provisions for on -site disposal of septic wastes. 1) If on -site sewage disposal system is proposed, location and results of tests to ascertain subsurface soil, rock and ground water conditions, depth to ground water unless pits are dry at depth of five feet; location and results of percolation tests. m) Provisions for collecting and discharging storm drainage in the form of drainage plan. n) Preliminary designs of any bridges or culvert which may be required. o) The location of temporary markers adequate to enable the Commission to locate readily and appraise the basic layout in the field. Unless on existing street intersection is -shown, the distance along a street from one corner of the property to the nearest existing street intersection shall be shown. p) All parcels of land proposed to be dedicated or reserved for public use and the conditions of such dedication or reservation. 3 13) Development timetable (including number of phases, and start and completion dates): Expected start Spring, 1996; expected completion Fall of 2000. Projected construction/sale of a roximately 25 units per year average. 14) List the waivers applicant desires from the requirements of these regulations: None ` 15) 1) All existing subdivision, approximate tract lines and acreage of adjacent parcels, together with the names of the records owners of all adjacent parcels of land, namely, those directly abutting or directly across any street adjoining the proposed subdivision. 2) Locations, widths and names of existing, filed or pro- posed streets, curb cuts, easements, building lines and alleys pertaining to the proposed subdivision and to the adjacent properties as designated in paragraph 1 above. 3) An outline of the platted area together with its street system and an indication of the future probable street system of the remaining portion of the tract, if the Preliminary Plat submitted covers only part of the subdivider's entire holding. (4'gna e) ap ican or ontact person 4 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 January 24, 1996 John Jaeger South Burlington Realty Company 366 Dorset Street South Burlington, Vermont 05403 Re: Residential PRD, 201 Patchen Road Dear Mr. Jaeger: ZONING ADMINISTRATOR 658.7958 Enclosed is a copy of the Findings of Fact and Decision on the above referenced project preliminarily approved by the Planning Commission on December 12, 1995. Please note the conditions of approval including the requirement that the final plat application be submitted within 12 months. If you have any questions, please JW/mcp 1 Encl give me a call. in erel 0 �. J Weith, C ty Planner City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658.7955 January 22, 1996 John Jaeger South Burlington Realty Company 366 Dorset Street South Burlington, Vermont 05403 Re: Residential PRD, 201 Patchen Road Dear Mr. Jaeger: ZONING; ADMINISTRATOR 658-7958 Enclosed is a copy of the December 12, 1995 Planning Commission meeting minutes. Please note the conditions of approval including the requirement that the final. plat application be submitted within 12 months. If you have any questions, please give me a call. Sincerely, Joe Weith,/1v City Planner JW/mcp 1 Encl j tA� MOTION OF APPROVAL SOUTH BURLINGTON REALTY COMPANY I move the South Burlington Planning Commission approve the preliminary plat application of South Burlington Realty Company for construction of a planned residential development consisting of 100 multi -family units on 27.76 acres of land, 201 Patchen Road, as depicted on a 13 page set of plans, page 1 entitled "Randall G. Munson, Patchen Rd., So. Burlington, VT, Boundary Plat", prepared by Trudell Consulting Engineers, dated November 18, 1994, subject to the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. Prior to issuance of a zoning permit for the first building or start of utility or road construction, all appropriate legal documents (e.g., irrevocable offer of dedication and warranty deed for the proposed public road, and utility, sewer, drainage, water and pedestrian path easements, etc. ) shall be submitted to the City Attorney for approval and recorded in the South Burlington land records. 3. Prior to start of construction of the improvements described in condition #2 above, the applicant shall post a bond which covers the cost of said improvements. 4. In accordance with Section 301.5 of the subdivision regulations, within 14 days of completion of required improvements (e.g., roads, water mains, sanitary sewers, storm drains, etc.) the developer shall submit to the City Engineer, "as -built" construction drawings certified by a registered engineer. 5. The plans shall be revised prior to final plat submittal as follows: a) The final plat shall show the pedestrian trail located within a 20 foot wide easement. A note shall be added that the final location of the easement will be determined in the future when the trail is constructed. b) The final plat shall show a pedestrian trail connection to the Lamplough property and shall show the pedestrian trail connecting with the existing trail in the Summer Woods property. c) Sheets SP1, SP2 and SP3 shall be revised to show the sidewalk along the proposed City street located one (1) foot from the r.o.w. line as required under Exhibit A-1 of the subdivision regulations. d) Sheets SP1, SP2 and SP3 shall be revised to show 283 feet of sidewalk along the front of #209, 211, 215 and 219 Patchen Road in lieu of constructing a sidewalk along the project frontage between #223 Patchen Road and the cemetery. e) Sheets SP1, SP2 and SP3 shall show the mailbox cluster located outside of the City r.o.w. f) The plan shall show a street name for the proposed new street. g) The boundary plat shall show metes and bounds information for the proposed City street. h) Sheet SP3 shall be revised to relocate the fire hydrant located at building #14 to the front of building #17 and add one (1) additional hydrant in front of building #10. i) Sheet SP3 shall be revised to show the water main located within the grass strip (between the curb and sidewalk) and the water shutoff's located between the sidewalk and the r.o.w. line. This applies only to the proposed City street. 6. The Planning Commission approves a sewer allocation of 38,225 g.p.d. The sewer allocation approval shall remain in effect for ten (10) years from the date of final plat approval. Any buildings which have not been constructed within 10 years shall lose their allocation unless reapproved by the Planning Commission. The applicant shall be required to pay the per gallon fee prior to permit issuance. 7. Pursuant to Section 9.404 of the zoning regulations, the Planning Commission modifies the front yard setback requirement for buildings #1,2 and 3 as shown on the approved plans. 8. Pursuant to Section 26.152(b) of the zoning regulations, the Planning Commission approves a residential density of 100 units. It is the Planning Commission's opinion that this development satisfies the general standards listed in Section 26.151 of the zoning regulations and the specific standards for a PRD in the R4 District. 9. The Planning Commission approves the encroachment of fill into the C. O. District behind building #5 as provided under Section 3.50 of the zoning regulations. It is the Planning Commission's opinion that this encroachment will not significantly affect adversely the attributes provided in Section 3.503()a) - (e) of the zoning regulations. 10. The applicant shall construct the concrete retaining walls along the C.O. District boundary lines in such a manner that there is no disturbance of soil or vegetation within the C.O. District. 11. The final plat submittal shall include an LOS analysis of the White Street/Patchen Road intersection. 12. As expressly represented by the applicant, the Homeowners Association documents shall prohibit the on -site storage and parking of recreational vehicles. In addition, the Homeowners Association documents shall prohibit garages from being converted to living space. The wording of these provisions shall be approved by the City Planner prior to issuance of the first zoning permit. 13. The applicant shall post a landscape bond in the amount of $64,915 ($47,500 for site landscaping and $17,415 for street trees). This bond shall remain in effect for three (3) years to assure that the landscaping has taken root and has a good chance of surviving. 14. The Planning Commission grants a landscaping credit of $7500 for the site trees which will remain undisturbed. 15. Snow removal and maintenance of the mailbox cluster shall be the responsibility of the Homeowners Association. This requirement shall also be reflected in the Homeowners Association documents. 16. Prior to final plat submittal, a flow test of the water main on Patchen Road shall be taken to determine whether the water supply is adequate for fire protection. The determination as to whether adequate water supply is available shall be made by the City Engineer. 17. The sewage pumping station and force main shall remain private. 18. The final plat application shall be submitted within 12 months or this preliminary plat approval is null and void. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 December 8, 1995 John Jaeger South Burlington Realty Company 366 Dorset Street South Burlington, Vermont 05403 Re: Residential PRD, 201 Patchen Road Dear Mr. Jaeger: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of next Tuesday's Planning Commission agenda and revised comments from City Engineer Bill Szymanski and my comments to the Planning Commission. Comments from Fire Chief Wally Possich were sent to you at an earlier date. Please be sure someone is present on Tuesday, December 12, 1995 at 7:30 P.M. to represent your request. If you have any questions, please giv me a call. Sin ere , J Weith, ty Planner JW/mcp Encls SOUTH BURLINGTON RECREATION DEPARTMENT 575 DORSET ST., SOUTH BURLINGTON, VT 05403 TEL: (802) 658-7956 BRUCE O'NEILL, CLP DIRECTOR THOMAS HUBBARD, CLP ASS'T DIRECTOR TO: Ray Belair FROM% Bruce O'Neill REa Recreation path DATE t June 6, 1995 The South Burlington Recreation path Committee net on Monday, June 5th. John Yaeger, representing Centennial Commons made a presentation to the committee. Their, plans are to extend Arbor Road from Summer Woods into Centennial Commons with a sidewalk. They will also provide a sidewalk on their primary road out to Patchen Road. These items satisfied the Recreation Path Committee. They also reviewed your memo regarding John Larkin's development on Saycrest Road. The committee does not propose any changes at this time, since we have previously worked with the developer in conjunction with his Pillsbury Manor Development. The north —south road, as shown on the Recreation Path map crosses the Irish Property, but we would have no plans on using it now, but it should remain in the plan pending further development of the area. Number Finish Diffuser Lamps Dimensions Hgt. from center of wall onaninn K-9307 K-9307 Black White Clear acrylic Clear acrylic 1-60-W. Max. (M) 1-60-W. Max. (M) Hgt. 17'/2", Width 73/4", Extension 83/4" Hgt. 171/2", Width 73/4", Extension 83/4" 10112 10'/2" K-9312 K-9312 Black White White LexanO White LexanO 1-60-W. Max. 1-60-W. Max. (M) (M) Hgt. 7'/2", Width 6", Extension 63/4" Hgt. 7'/2", Width 6", Extension 63/4" 2112" 2Y2" K-9313 Black Clear LexanT) 1-60-W. Max. (M) Hgt. 71/2", Width 6", Extension 63/4" 21/2" K-9317 Black Textured clear acrylic 1-60-W. Max. (M) Hgt. 17'/2", Width 8", Extension 8%4" 11" ♦ K-9320 ♦ K-9320 Black White Frosted white glass Frosted white glass 1-60-W. Max. 1-60-W. Max. (M) (M) 8Y4" Square, Hgt. 43/4" 81/4" Square, Hgt. 43/4" K-9322 ♦ K-9322 Black White Frosted white glass Frosted white glass 2-60-W. Max. 2-60-W. Max. (M) (M) 10Y4" Square, Hgt. 51/2" 10'/4" Square, Hgt. 5'/2" tii K-9341 White `White Polycarbonate 1-60-W. Max. (M) Hgt. 73/4", Width 51/4", Extension 4" 33/4" K-9342 White `White Polycarbonate — 1-7-W. Twin Tube Fluorescent Hgt. 73/4", Width 5'/<", Extension 4" 33/4" ♦U.L. listed for damp location 'Prismatic Polycarbonate "Minimum starting temperature for 7-W, fluorescent twin -tube is 0° F 184 KICHLER LIGHTING I TRUDELL CONSULTING ENGINEERS, INC. P.O. Box 308 14 Blair Park Road Williston, VT 05495 '74- JOB O G J Tex � )6-1 '�/GfiTS SHEET NO. OF z CALCULATED BY / 77/ DATE /0 CHECKED BY DATE SCALE D. T`vo_/�eP,opzra Ccl-Da 5 X 300__ iaRP 22 Soo GPI 1N/. �Cy�l -_ 3 D v �rG/�,'�f �'��fylJ44A . X L 7 Z 5. Gl>U _ _... '.A- .I�s �l-�a�"1�__ o f,r !� �. :J�4 Y �ZI S" CP�2 _ � �✓�6�.7f�'L, .............. .... .. ..... . _ _ _ tf- /d r ... 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To order PMM TOLL FRU 14e00.225- o FEB- G-9-r- TUE 1 +- _ 1 5 TRUDELL iCiONGUUT Z "G E:" GRS P _ Q 1 HCM: SIGNALIZED INTERSECTION SUMMARY Version 2.4 02-04-1996 ' Center For Microcomputers In Transportation ---�----- Streets: (E-W) White Street (N-S) Patchen Road Analyst: JTH File Name; MUN2.HC9 Area Type: Other 2-6-95 4-5 pm Continent: D4V Operational Analysis for 1996 Without Project Eastbound Westbound Northbound Southbound L T R L T R L T R L T R No. Lanes > 1 < > 1 < > 1 < > 1 < Volumes 114 215 76 117 173 38 62 279 68 29 226 71 Lane Width 12.0 12.0 12.0 12.0 RTOR Volt; 13 5 10 19 Lost Time 0.00 3.00 0.00 0.00 3.00 0.00 0.00 3.00 0.00 0.00 3.00 0.00 --_--------------- -------------------------------------------- signal operations Phase Combination 1 2 3 4 5 6 7 8 EB Left * NB Left Thru * Thru Right * Right Pads * Pads WB Left * SB Left Thru * Thru Right * Right Pads * Peds NB Right EB Right SB Right WB Right Green 12.OP Green 12.OP Yellow/AR 3.0 Yellow/AR 3.0 Cycle Length: 30 secs Phase combinat on order: #1 #5 -----------------------------------------------------------__-_-------- Intersection Performance Summary Lane Group: Adj Sat V/c g/C Approach: Mvmts Cap Flow Ratio Ratio Delay LOS Delay LOS ----- --- ----- --- EB LTR 526 1314 0.788 0.400 11.4 B 11.4 $ WB LTR 493 1232 0.690 0.400 8.5 H 8.5 B NB LTR - 576 1440 0.729 0.400 9.0 B 9.0 B SB LTR 595 1487 0.545 0.400 6.1 B 6.1 B Intersection Delay = 8.9 sec/veh Intersection LOS = B Lost Time/Cycle, L = 6.0 sec Critical v/c(x) = 0.758 -------------------------- ------------------------------------------- tl SQ'" Post -It" Fax oto 7671 Daco w vl,eroiti 0 iti qP.; From �j� vv uCo./Do . co Phono # Phogo k Fax M Fax t 1 S 4 s A T1'C O� `j vC ,.. } a `�/ e- FEB- 6-19E. TUE 1 6 1 S TRUDELL CONSULT I NG ENiGRS P_ 02 r INTERSECTION DIAGRAM - PRE-DEVELOPMENT Intersection: White Street and Patchen Road Time period: 4-5 pm Patchen Road Volumes SB Total 326 < v > 71. 226 29 Legend (X] = Level of Service ^ #--J = No. of banes ^, D--a - De facto Turn ------------ ------ Intersection 18] ^ 2 -----i > [ B ] v (B] 114^ EB Total 215 407 > 1 78 v ^ 38 173 WB Total < 328 11.7 v n [B] <�1 1 v White Street 62 279 68 < > 409 NB Total F E D- 6- 9 S T U E 1 6 1 T R U D E L L C O N S U L T I N G E N G R S P_ 03 KCM: SIGNALIZED INTERSECTION SUMMARY Version 2.4 12-15-1995 Center For Microcomputers In Transportation Streets: (E-W) White Street (N-S) Patchen Road Analyst: JTH File Name: MUNI.HC9 Area Type: Other 12-15-95 4-5 pm Comment: DHV Operational Analysis for 1996 With Project Eastbound Westbound Northbound ( Southbound L T R - -- ----- --- L T R __� L T R L T R No. Lanes > 1 < -------,- > 1 < ---- ---- ( > 1 < ---- ---- > 1 ---- < Volumes 129 215 78 117 173 411 62 289 68 32 231 76 PHF or PK15 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 Lane Width 12.0 t 12.0 12.0 12.0 Grade 0 0 I 0 0 % Heavy Veh 2 2 2 2 2 21 2 2 2 2 2 2 Parking (YIN) N (YIN) N N (YIN) N Bus Stops 0 I(YIN) 1 0 0 Con. Peds I(YIN) 21 2 2 2 Ped Button Y 6.0 sl(Y/N) Y 6.0 s (YIN) Y 6.0 s (YIN) Y 6.0 Arr Type 3 3 31 3 3 3 3 3 3 3 3 3 RTOR Vols 13 5 10 19 Lost Time 0.00 3.00 0.00 0.00 3.00 0.0010.00 3.00 0.00 0.00 3.00 0.00 Prop. Share -1 -1 -1 1 -1 -1 -1 -1 Prop. Prot. ----------------------------------------------------------------------- 471 -21 -2 -2 Signal Operations Phase Combination 1 2 3 4 5 6 7 8 EB Left * JNB Left Thru * Thru Right * Right Peds * Peds WB Left * SB Left Thru * Thru Right * Right Peds * Peds NB Right EB Right SB Right 1WB Right Green 12.OA Icreen 12.OP Yellow/AR 3.0 Yellow/AR 3.0 Cycle Length: 30 secs Phase combination order: #1 05 _______________....___.._. ----___-_-_-______--___------------------------- Intersection Performance Summary Lane Group: Adj Sat V/c g/C Approach: Mvmts Cap Flow Ratio Ratio Delay LOS Delay LOS £B LTR 516 1289 0.834 0.400 14.0 B 14.0 B WB LTR 486 1216 0.705 0.400 8.9 B 8.9 B NB LTR 576 1439 0.747 0.400 9.5 B 9.5 B SB LTR 587 1467 0.574 0.400 6.4 B 6.4 B Intersection Delay = 9.9 sec/veh Intersection LOS - B Lost Time/Cycle, L = 6.0 sec Critical v/c(x) = 0.791 F E B- - 9 G T U E 1 G= 1 T T R U D E L L C O N S U L T I N G E N G R S P . 04 4- INTERSECTION DIAGRAM - POST -DEVELOPMENT Intersection: White Street and Patchen Road Time period: 4-5 pm Patchen Road Volumes �l SB Total 339 <, v 1> ! 76 231 32 I� Legend [XI = Level of Service A' #-J = No. of Lanes A D-J = De facto Turn A 1 — 1> (B) v 129A EB Total 215 ,422 > 78 v 1 v [B] Intersection [Bl [B] A 1 I A 41 173 WB Total < 331 117 ii A [B] <i --- 1 v White Street 62 289 68 < A > i; 419 NB Total South Burlington Realty Company 366 Dorset Street Soutli Burlington, Vermont OW3 (802) 863-9039 MEMORANDUM TO: Ray Belair FROM: John Jaeger SUBJECT: Centennial "eight DATE: February 7,1996 Attached is the correct traffic study, which clearly shows a LOS of "B" for the Patehen Road / White Street intersection, both before and after the addition of Centennial "eights development traffic. Also, please be advised that the name of the project roadway is "Centennial Terrace", not Catamount Terrace as was indicated. I trust this will be O.K., and apologize for any confusion. Do get in touch if anything else is needed for Final Plat. Thanks! Prime Real Estate — Commercial, Residential, Industrial Development Design, Build, Lease, Consulting ) Centennial Heights - owners of contiguous properties Germaine Leclair 185 Patchen Rd. S. Burlington, VT 05403 Summer Woods Associates W.W. Hart 252 College St. Burlington, VT 05401 Summer Woods Community Association Carol Gansby, Agent P.O. Box 2121 South Burlington, VT 05403 Tygate Properties 1076 Williston Rd. S. Burlington, VT 05403 Evelyn Lamplough c/o Tygate Properties 1076 Williston Rd. S. Burlington, VT 05403 Dorfman, Carolyn R. 355 Patchen Rd. #1 S. Burlington, VT 05403 Pendo, Stephen A. 355 Patchen Rd. #2 S. Burlington, VT 05403 Burns, David M. 355 Patchen Rd. #3 S. Burlington, VT 05403 Carter, Elizabeth A. 355 Patchen Rd. #4 S. Burlington, VT 05403 Gouvin, John P. and Helen 355 Patchen Rd. #5 S. Burlington, VT 05403 Swainbank, John A. 355 Patchen Rd. #6 S. Burlington, VT 05403 Martin, James A. 355 Patchen Rd. #7 S. Burlington, VT 05403 , Centennial Heights -- Contiguous property owners Page 2. Pasqual, Michael 355 Patchen Rd. #8 S. Burlington, VT 05403 The Society of H. Adam c/o Carl Lisman Lisman & Lisman 84 Pine Street Burlington, VT 05401 City of South Burlington 575 Dorset St. S. Burlington, VT 05403 Marilyn J. Gleason 34 Luck St. Burlington, VT 05401. Richard & Sue A. Sweterlitsch 21.9 Patchen Rd. S. Burlington, VT 05403 Alan V. Merchant 215 Patchen Rd. S. Burlington, VT 05403 David A. Keough Holly A. Ryan 211 Patchen Rd. S. Burlington, VT 05403 Gary E. & Grace E. Martin 209 Patchen Rd. S. Burlington, VT 05403 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 PLANNER 658-7955 November 28, 1995 John Jaeger South Burlington Realty Company 366 Dorset Street South Burlington, Vermont 05403 Re: Residential PRD, 201 Patchen Road Dear Mr. Jaeger: ZONING ADMINISTRATOR 658-7958 Enclosed are preliminary comments on the above referenced project from City Engineer Bill Szymanski, Fire Chief Wally Possich and myself. Please respond to these comments with additional information and/or revised plans no later than Friday, December 1, 1995. If you have any questions, please give me a call. Since ly, C R ymond J. Belair, Zoning and Planning Assistant RJB / mcp Encls l DC--) /00 Z-- d C)o /19-6 V�7-f� M E M O R A N D U M To: Applicants/Project Files From: Raymond J. Belair, Zoning and Planning Assistant Re: Preliminary Comments, November 28, 1995 agenda items Date: November 6, 1995 DAVID SIMENDINGER - CONVENIENCE STORE - SITE PLAN --- provide square footage of retail floor area. --- in the Traffic Impact Assessment revised 9/25/95, it is stated that an on -site count conducted in August, 1994 found an average of 21 ATM users during the P.M. peak hour. Please clarify what is meant by the term "users". --- the first issue the Commission will have to address is whether to reconsider this application. The Commission must find that one (1) of the criteria in the enclosed memo has been met. Applicant should submit a written statement indicating how the pertinent criterion is being met. JAMES CARLSON - SITE MODIFICATIONS - SITE PLAN --- 17 parking spaces are required and only 12 spaces are being provided. --- the existing floodlights have not been replaced with a downcasting and shielded fixture as required under condition #4 of the 12/20/94 approval. --- the handicapped space has not been identified asuch on the site. --- the plan should indicate the limits of the gravel area behind the fence and the green areas. --- staff has observed five (5) cars parked where applicant proposes space #12. --- since the tenant space is being used by the applicant the notes regarding tenants space and the proposed uses should be removed. M E M O R A N D U M To: South Burlington Planning Commission From: Wallace Possich, South Burlington Fire Chief Re: Plans Reviewed for December 12, 1995 Agenda Date: November 22, 1995 I have reviewed the following site plans and my comments are as follows: 1. Precourt Investment Company Dated 11/17/95 Williston Road Acceptable 2. Office Building 3 Baldwin Avenue Acceptable Dated 11/16/95 3. Centennial Heights Dated 11/14/95 Patchen Road Project No. 94049-57 Due to distances shown between hydrants, hydrant presently shown located at building No. 14 should be relocated to front of building No. 17 and an additional hydrant installed in front of building No. 10. Otherwise, acceptable.11 To: From: Re: Date: M E M O R A N D U M Applicants/Project Fi es Raymond J. Belair, o 1ng and Planning Assistant Preliminary Comments, December 12, 1995 agenda items November 16, 1995 SOUTH BURLINGTON REALTY COMPANY - 100 UNIT PRD - PRELIMINARY PLAT --- submit a landscaping plan which meets the requirements of Section 26.105 of the zoning regulations. --- submit revised coverage information for buildings and overall. --- are street lights proposed? If so, provide details including cut -sheets. Street lights are required along the public street portion. Provide details of building mounted lights (cut -sheets). --- will dumpsters be used? If so, show locations which must be screened. --- plans should show a sidewalk along the property's frontage on Patchen Road. Plan shall also show that the sidewalk on the adjacent 185 Patchen Road property has been extended to the property line. --- plans should show the individual parking spaces for the multi- family buildings (225 parking spaces required). --- plans should show bike racks as required under Section 26.253(b) of the zoning regulations. --- plans should show parking or storage facilities for recreational vehicles as required under Section 26.253(c) of the zoning regulations. --- provide revised sewer allocation request if changed from sketch plan. --- a portion of the deck at the rear of building #4 is located in a C.O. District. This is not permitted. --- change the name of Arbor Lane on sheet SP1 to Arbor Road. --- submit perimeter survey of entire property stamped by land surveyor. --- submit traffic impact analysis. --- plans should indicate what trees will be cut, if any, in the 50 foot PUD perimeter. The Planning Commission must specifically approve the cutting of trees within the PUD perimeter. --- provide square footage of living space per unit. --- landscaping plan should show street trees along the private road where there are or would otherwise be no trees (Section 412.4 of the subdivision regulations). --- provide base flood elevation data. Memorandum - December 12, November 16, Page 2 Preliminay Comments 1995 agenda items 1995 --- plan should make provision for a mailbox cluster at beginning of street outside of the public r.o.w. maintained by the homeowner's association. --- applicant should propose street name for the new street. --- the portion of the main access road between Patchen Road and Arbor Road including the extension of Arbor Road should be a public road with a 60 foot r.o.w. --- there should be a green strip between the curb and sidewalk. --- applicant should demonstrate that the height requirements will be met. --- C.O. Districts (wetlands and buffer area) should be labeled as such on the plan. PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, December 12, 1995 at 7:30 P.M. to consider the following: Preliminary plat application of South Burlington Realty Company for construction of a planned residential development consisting of 100 multi -family units on 27.76 acres of land, 201 Patchen Road. Copies of the application are available for public inspection at the South Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission November 25, 1995 I.LA�SIFIEI LEGAL Nonas 1 NOTICE OF PUBLIC SALE OF PERSONAL PROPERTY Notice is hereby given that the undersign will sell to satisfy lien of owner, at public sale by closed bid- ding on December 16, 1995 at 10:00 a.m. at Ex- tra Space storage facility located at 15 Williston Rd., Williston, VT. The personal goods stored therein by the following. Douglas Jones Norman May Stephen Carrow Arinola Sodipo Purchases must be made with cash only and paid for at the time of sale. All items to be removed from the unit at time of pur- chase. A $50.00 deposit will be made and re- funded after unit has been broom cleaned. We re- serve the right to accept or reject bids. November 18, 25, 1995 PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tusday, December 12, 1995 at 7:30 P.M. to con- sider the following: Preliminary plat applica- tion of South Burlington Realty Company for con- struction of a planned res- idential development consisting of 100 multi- family units on 27.76 acres of land, 201 Patchen Road. Copies of the application are available for public inspsection at the South Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission November 25, 1995 SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Reggulations and Chapter 117, Title 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Municipal Offices, Confer- ence Room, 575 Dorset Street, South Burlington, Vermont on Mondayy� December 11, 1995 at 7:00 P.M. to consider the following: Appeal of Precourt Invest- ment Company, Brian Precourt seeking approval from Section 12.20 Condi- tional uses sub -section 12.214 Bakery and delica- tessen restaurant of the South Burlington Zoning Regulations. Request is for permission to remove existing gasoline pumps and canopy and convert existing retail space into a hakwry �� nnn LOST CAT Off Susie Wil- son Rd. Young grey & white male. REWARD OF- FERED. Call 878-8530 LOST dog. Beagle, fe- male, 1 yr old, purple coi- 1 a r. L o s t i n Charlotte/Ferrisburg area. If found, please call 425-3897 **ADOPTION** We wish upon the stars above a sweet new baby to cuddle and love, hopes and dreams fill each day, we will cherish and love our baby in every way. We have been happily married for 12 years and are financially secure. Medical/legal expenses paid. If you can help us make our dream come true, contact Tricia collect 603-225-7170, 9am-5pm or Steve 1-800-214-6936 code 35 eve/weekends PERSONALS 6 ADOPT A childless loving white couple want to share their warmth, laugh- ter, and hearts with a newborn. Medical/legal expenses paid. Please call Diane and Mike 1- 800-355-5226. access code 11. ADOPT 0" 4A ESSEX JCT daycare has opening for ages 6 wks to 11 yrs. Reasonable rates, next to IBM. 879-2021. SO BURLINGTON Child care openings, ages 2 & over, before and after school welcomed, lots TLC/activities. 8624548 CERTIFIED TEACHER 5 yr nanny experience coking to care for your child In your home. 40+ hrs., very flexible. Play- groups/activities/adven- tures/& lots of TLC. Starting 1/2/96. Call 865-7966 evenings. NANNIES -LIVE IN Professional families in CT. Many w/travel, bene- fits. Up to $300/wk. Call now! Blue Ribbon Nannies 1-800-321-3206 LOST AND FOUND S FOUND DOG Black lab mix, male. In Richmond near Johnny Brook Rd. on Sun., 11/19. Call 434-4935 LOST CAT in Dorset/Spear St. area. SOLID GOLD DANCERS Grey/white/black female. Please call 864-9113. Holidays, Birthdays, Strip- O-Grams, Bachelor(ette) Parties 882-1377 INSTRUCTION 9 Yr VERMONT x� TRUCK DRIVER TRAINING SCHOOL • Classroom Prep for CDL Permit & Road Train- ing for CDL Licenses. • All scheduling done, written & road test dates. • Now training 7 days a week in Burlington and Rutland. - Proven success. When our students succeed, we succeed. • Job placement for qual- ified students. Locally & Long Haul. • One price covers all training & licensing fees. Call: 1-800-371-9353 or 775-4242 FINANCIAL 10 AAA CREDIT NOT REQUIRED Bad credit/good credit Cash for any reason Homeowners only 800-USA-1 If you receive insurance settlement or state lottery payments and need more cash now, call Prosperity Partners 800-938-6400. EMPLOYMENT 12 TO RESPOND TO A FREE PRESS BOX NUMBER Send to: Burlington Free Press P.O. Box 10 Burlington Vt 05402 ATT: Free Press Box #- ACCOUNTANT Account- ing firm seeks CPA with four plus years of public accounting experience. Organization, computer THANK YOU skills and ability to work independently, Aessential. DOPTION Our loving se- Resume and cover letter A young, California, Chris- tian, professional couple with much love & security to offer, wish to adopt a baby to age 2. We can help with all medical, legal & living expenses. Com- pletely legal. We can offer your baby a loving home & serure future. Please call Suzie collect (818)951-1235 ENTERTAINMENT 8 THE HOTTEST New England Entertainment Unitd GET SERIOUSI There's only 1 exotic dance company! Other companies may have a flashy name, but WE pro- duce the gorgeous girls & guys for your bachelor- /bachelorette party, birth- day party or stnp-o-gram. and we're VERY reliable. For bookings call 802- 862-1086 or toll -free 1- 800-545-7122. PLANET ROCK 127 No Main, Barre BEST Bachelor & Birthday parties 1-800-333-8042 We don't charge ridicu- lously high prices for drinks! We have private dancing, table dane- Ing (2 girt shows); Open Tues-Sat, 6pm on *ADULT* ENTERTAINMENT SERVICES Specializing in private sessions. Visa/MC Call 140p-449-4122. EMPLOYMENT 121EM autobody "STOP GUNS" THE BEST AUTOBODY TECHNICIANS WANTED We Have What You Want INNOVATIVE/HIGH RETURN PAY -PLAN EXCELLENT LEVEL OF WORK CLEAN, SAFE, MODERN SHOP EXCELLENT BENEFITS. (inc 401 K retirement plan) Due to our recent growth in business we have an Opening for experienced, talented and motivated autObOdy technicians. Applicnts must have own tools and high technical level in all fields of auto - body repair and the moti- vation to produce with quality. IF YOU'RE THE BEST, COME GROW WITH US. CALL WAYNE ROBINSON FOR AN INTERVIEW. ps9,9LEWIS MOTORS 1325 Shelburne Road So. Burlington Days: 802-658-1130 800-875-1130 BARTENDER with experience. Call for appointment. 879 - 919 7 BOOKKEEPER/CON- TROLLER Able to do all reports from financial to balance sheet. Full or part time. Send resume to 76 St. Paul Street, Ste 500, Burlington, VT 05401 CABLE TV SYSTEM TECHNICIAN Must have valid driver's license, good driving record & technical knowledge of the CAN distribution sys- tem. TCI of VT, 24 Cathe- rine St., St. Albans. EOE CAREGIVER Burlington man seeks a live-in com- panion/caregiver for help with personal care and household chores. Room, board and salary offered in his New North End home on bus line. Smok- ing tolerant and humor loving people should call Project Home 863-5625. CAREGIVER Cheerful Colchester wom- an seeks live-in compan- ion/caregiver to help with personal care, cook;ng and limited household chores. Room, board and salary offered in her large lake site home. Call Pro- ject Home 863-5625. CASHIER/ NIGHT MANAGER 40 hours, nights & week- ends. Some benefits. Ap- ply Pearl Street Beverage, 240 Pearl St., Burlington CASHIER We are seeking a reliable, energetic, cus- tomer service minded in- dividual to help, greet, service, and cash out our customers. Please apply In person at 1525 Shel- burne Rd., So. Burlington. "Sold the First Day". We Cour RI C Full need, prog, child, cent= ing beha bach, expe pre prima If int mit re 4 BL \ \ s. \ z \ y i S7831's3'E448 \\\\�---- -- --- — _`--_— _-- _-- -- / A� ERRY \\\ ----------- - --` ------ / Q A _ _ i — — — — — — — -----_ y ti D),V I 1A1VA\' \ v --- gv v 1111jt1 v. _ — i- ASBa - "•-.. _ - „u. .. \\\\\ 1 IIII I I 7.-� f€ w •d cuss ITT se res.2 ,II I I I / 1 1 'qg / \ \ \ \ \ �\ \ icnc•• _ _ _ x4nANDs bD".�� 111 i rll I IIII 1 I ry 1 ! 1 Y / `�,� �% \\ \\\\ \ \\ \\ :' sHfE L z _ - _ _ _ Arun - -si.24, - 5a22Ysz"c ® y` -- _ II I // III j TRUDELL CONSULTING ENGINEERS, INC. 14 Bit Pak ■ .d ■-" VAlh tL Venratt 05495 M)6t4Gii1 ECwi; 3,tt? / tea' it \ ~r�� \ \ ■ D/i HIS i �.i' A ♦ \A�` t 11995 .1; am of So. Burlington y ��•. � �� �\� `,� , � v,vu���111�,A1�d11A1�. a I 1� •■ r r► r i i d i r I p �.�d ter,■�hl�y ��'►. I,i _ _ � ��A�*.►'' �■i �% � � I li 57 Patchen Road •� T.��,.5,��/�, -�\ �� • '►"''r.. �e ♦'�" ''4. • \ �:o° =''1''6�II 'I;'llll= I — South Burlington, Vt. EXPSTENG I� ■IHOUSE■ 'I I I I I 11 / ///// /` �a . =` '�•,• ��,��' += Ilia I� : _ = r �. and 4p Grading Plan Sul= ' 'Ahl�llll III�III 1�I= �= III �I IIII 'IIII'' :;�7► . r��a, ^! � � , r r •,� ,�� q/� II: - ��li WON 1�Ililil��hl�lilll �-� _ O" - �I DATA ACER FLA� MILL SUGAR MAPLE w X- AMEL4NCHIER --------- _ I END OF o EXISTING SIDEWALK 3 EXfSTING rKKISF SP2 E. LAMPLOUGH TYGATE PROPERTIES v. 281 P. 522 v. 252 P. 131 0 SUMMER WOODS ASSOCIATES. INC. v. 792 P. 497 v. 275 p. 3 SCOTT'/. y D. A Jy. TAYLOR +D T NO. Aee /{4i xN1ami111HKa THIS PLAT IS BASED ON A TOTAL STATION CONTROL TRAVERSE OF EVIDENCE FOUND IN THE FIELD AND INFORMATION ABSTRACTED FROM THE CITY OF SOUTH BURLINGTON LAND RECORDS. BEARINGS ARE BASED ON MAGNETIC NORTH TAKEN JUNE 29, 1994. BEING THE LAND CONVEYED TO RANDALL MUNSON IN VOLUME 126 PAGE 396. rraphlc scale Feet 60 O 60 120 ISO 2.40 op,0 pRB0111 G. LECLAIR v. 357 p. 4B5 \ LEGEND O IRON PIPE ( TO DE VT) • IRON PIPE I FOUND ) ■ GON%TE MCWUMENT ( FOUND ) ❑ CONCRETE WQW#"r < TO BE SET) SetKY MARKEN ( FOUND ) --%—K—%—%—IF FTWQ LINE v. 308 D. 99 —_ x— _ — _ _ —x _ _ _ _ — v. 107 p I20 1788. 54' N36-1422-E 27.76 A. _ x _x—K—;- 5342357'W J7 aPs aIn rs m Cm aF sa etTTw3xaTaw .. ea P..wz ,`•j M1� CITY OF SO. BURLINGTON 35 p. 499 }\ M. GLEASON 74 p. 457 5 R. & S- SWETERLITSCH POLE 21' \ J v. 121 p. 66 SHED } / } +\ A. MERCHANT Tdi GUYTA TO NILTIOR 317 p. 432 324 p. 210 D. KEOUGH H. RYAN v. 299 P. 513 G. & G. MARTIN $ <^ 175 p. 133 g2 . \\9 41 p�•3$�6 ROpO P pS01EC1 .M+m.I I DasTtlYe BURL. HEBREW HOLY SOCIETY THE SOCIETY OF H. ADAM v. 3 p. 463 v 3 p. 189 4 PATCHEN PLACE ASSOCIATES v. 299 p. 632 v. 275 P. 50 No. Bearing Die LI SS27752-E 31.24' k-aC 14�G./ V 2, ti 1995 City of So. Burlington nep�e tl1Y RANDALL G. MUNSON ft,* ° e""' 940490 "° z Patchen Rd. So. Burlington, Vt. _,m . S.T 91rY Oae Boundary Plat 11/18/94 S.W. 1•_6D �, a. TRUDELL CONSULTING ENGINEERS, INC. "'d 0'* 179 Orr 2049 CENTENNIAL HEIGHTS PLAN SET November 13, 1995 BY TRUDELL CONSULTING ENGINEERS, INC,. WILLISTON, VT. Sheet# Drawinc_ _ Title _ _ Date Rev. Date SP1 94049-57 Master Site Plan 10/26/95 11/13/96 SP2 94049-58 Site Plan 8/24/95 8/24/95 SP3 94049-60 Road Profile 9/01/95 9/01/95 D1 94049-80 Sewer Details 7/13/95 7/13/95 D2 94049-81 Pump Sta. Profile 7/13/95 7/13/95 D3 94049-82 Pump Sta. Section and Plan 7/13/95 7/13/95 D4 94049-84 Storage Tank 7/13/95 7/13/95 D5 94049-85 Pump Sta. Details 7/13/95 7/13/95 D6 94049-83 Water Details 7/13/95 7/13/95 D7 94049-86 Drainage Details 7/13/95 7/13/95 D8 94049-87 Erosion Control Details 7/13/95 7/13/95 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PI ANNER 658-7955 July 14, 1995 John Jaeger South Burlington Realty Company 366 Dorset Street South Burlington, Vermont 05403 Re: Residential PUD, 201 Patchen Road Dear Mr. Jaeger: ZONING, ADMINISTRATOR 658-7958 Enclosed is a copy of the May 9, 1995 Planning Commission meeting minutes. If you have any questions, please give me a call. Sincerely, j�c d-"Z'�r Joe Weith,/-�111 City Planner JW/mcp 1 Encl 01 South Burlington Fealty Company 366 Dorset Street South Burlington, Vermont 05403 C- (802) 863-9039 xe 7 (A July 17, 1995 Mr. Joe Weith, Planner City of South Burlington 575 Dorset Street South Burlington, VT 05403 RE: Planning Commission Minutes May 9, 1995 Dear Joe: In the Planning Commission minutes for the May 9 meeting, which I received today, there are some items which I feel are in need of correction and/or elaboration to accurately reflect what was said at the meeting. The minutes: "The biggest problems are class 2 and 3 wetlands... They don't intend to infringe on those buffers and won't cut or fill in wetlands. They do propose a modest amount of cutting in a class 3 wetland. They will remove..." Suggested correction: The biggest problems are class 2 and 3 wetlands. They do not plan any construction activity or disturbance within any wetland or within the 50 foot buffer zone associated with the class 2 wetlands. They do propose a modest amount of cutting within the 50 foot South Burlington C.O. Zone which borders the class 3 wetland. This 50 foot zone is established by South Burlington zoning, and is not a part of the state wetland protection. They will remove... The minutes: "Mr. Weith noted they need 20 ft. driveways and there is also a requirement for storage of recreational vehicles. Mr. Brush said they plan to have a stipulation in their agreements that recreational vehicles were not allowed." Suggested correction: 1) Mr. Brush said they plan to have a stipulation in their condominium documents that ... 2) Add wording to indicate that Mr. Weith, with the concurrance of some or all of the Commission, indicated that the proposed solution would be an acceptable method of complying with the regulations. If you should need any more input on this, please give me a call. Thanks. Prime Real Estate — Commercial, Residential, Industrial Development qh rDesign, Build, Lease, Consulting Jae CIA" It au t as Y ROAD =2923 27.76 AC. S, TI.. •AL CLASS If? W6 Imu AwA cw D9 aLc S827752T I��'�' . CIA" If I w3 It N uu 47es J z 300 ON A V IZ fit If CLASS M - --- --- V rlfsr 'T 2 CLASS If �A Alu 435, 79' /005 69, Ip— — — — — — — — — — — — - E" OF f IS'W PLANNING DATA C..vtdc S..b. 40 0 40 &D rm *0 21-nol IT r-- TRUDELL CONSULTING ENGINEERS, INC. 14 WWI P.6 P..d vfa: Ict'll, wlaj NOV 14 1995 'aity of So. Burlington' PmI-, rwll, CENTENNIAL HEIGHTS Patchen Road South Burlington, Vt. 9w, 11ISI Site Plan D.*IA NIIh 94a91�4_ FA—WWn :_q, Dift: 7. 5-k i __IL_ 4�— App—d SP2 O ?o• C ® ?eaE\ • CrN cl ; \, ; 01Q CD p §gam. � 6r y met no. date: 2/23/95 CENTENNIAL COMMONS revised: s/s/ss D 3/37/s5 Robson Bilgen Architects p.c. SOUTH BURLINGTON REALTY CO. Hancock, Vermont 802-767-3744 SKETCH SITE PLAN ©,aos srxc 11 W-o• �__� \ \ \ \ ilIL \ I \ I \ \ — \ ilIL aUL \ nIL WETLANDS \AL AREA TYGA/E PROPER rIES Uw STATION / nIL I w \ / Va• aIL � \\ � \\ - ilW \ S UISTTNG LURE 3 i� APR Y l?NTT¢ C.OVEkA fiC "LI:UL^-rMA3 \\ TOTAL PROJ[GT AcMm": 17. 76 &ones Sul I -DIN" INcA_. GrAM61!5: 163, 46q -'W - 8.6If. , 1 RoApwAy 69,360 sF - 9,7 y. 10148 \ \\ \ DfU v f-"S: S!, 8100 SF : 3. TbrTAL G0vE0-Aar : 211, 709 -,r - 17•61 , 3 2J6 B2oftaAs ® 1" "..O INFILT'RArYDAI 0 S.o Y. 32 alb �D. TbTAL DIM16,A+ GERMAINE 11 \ \ LECLAIR N36'1421•E nil` oN< 1788.54' .vL \\ allL \ /�/ 1. \\ \\ `\ {♦♦ ♦\ yry 300 WETLANDS ilIL AREA • 1c. j 27,76 :.. 1 /// / \ \\ \\ \\ \\ \♦ \ -_-.- — dL \ \ \ \ \ 'taA- TEL wil 4�or " _ cvL II \\\ ♦ \\ NL NL WETLANDS \\ I\ \\ \\\\\♦, yhh \ 1 avL , \ \ 1 i\ 0 \\\ ♦\\�'$ S I / PATCHEN PLACE S \ ------_--- Atl= Atl[ ASSOCIATES ' a11L / / ------------- I AW. 5347337w - 370.23' BURLMOTON HEBREw \ l \ HOLY SOCIETY O ME SOCIETY OF H. ADAM e a �o a4. 1 1 \ { WETLANDS .I• / , \ I AREA \ \ p "IL ilIL / 4 czrr Or V \ 111E I \ \ \\ \ LOCUS MAP w \ 1 \I 111E \ WETLANDS `\ \ \ \ SOUTH BURLMBm" AREA \\ \\ \\ \\ AL .16 8 ��� , EEIVE[� �/ 1 WETLANDS 1 / /'%< \ �� \ SOL' / 1 /µ� , w 1 1 \\ AREA mL 1 /� `\ \\ `� \\ I ,/ aOEs� 11 I 111E `-----_ / // \ \\ _ // 60' �, cO" 1 1 111E � / � Ns \\ O S MAY 01 1995 NL-k N.S �yi s8r77's2�E 5 City of So. Burlington \\ .�. .•` _•')? ' 9' , OWNER OR RECORD: 366 OORSET STREE ! TAPPING VALVE E"ISTING SEWER MAIN SOUTH BUR LINGTON, VT. 05401 Graphic Scale Feet 60 0 60 120 180 240 z U z O � O U J w � J � Q O z z U z J � m We Ld U o � LOto Ln eq N � � N � (n v � LT aA O c N L MUsLs_o N I _-- s M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, South Burlington City Engineer Re: May 9, 1995 agenda items Date: April 20, 1995 TREVITHICK 3 LOT SUBDIVISION - SPEAR STREET Site plans No. 1 & 2 prepared by Trudell Engineering dated November 2, 1994 is acceptable. GOSS DODGE - HOLMES TRUCKING - HOLMES ROAD - SHELBURNE ROAD 1. Road opening on Holmes Road will require a road opening permit. 2. Opening shall be a concrete depressed curb type. If possible, it should be opposite the fire station opening across the street. 400 WHITE STREET 1. Plan should show services. Sewage from the proposed house may have to be pumped. 2. The 5 foot grassed strip along the easterly lot line should be maintained at proposed house. Plan does not indicate this. CENTENNIAL COMMONS - PATCHEN ROAD 1. Arbor Road should connect to this development to provide an alternate access. 2. The new street should be public at least to the Arbor Road connection. The rest may be private. 3. Trees should not be planted on top of water and sewer lines. 4. Sewer manhole at northerly corner should be placed in paved area for easy access. 5. Sewage pumping station and force main will be privately owned and maintained. 6. City Water Department shall review the adequacy and layout of the water supply City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 April 20, 1995 John Jaeger South Burlington Realty Company 366 Dorset Street South Burlington, Vermont 05403 Re: Residential PUD, 201 Patchen Road Dear Mr. Jaeger: ZONING ADMINISTRATOR 658-7958 Enclosed are preliminary comments on the above referenced project from City Engineer Bill Szymanski, Fire Chief Wally Possich and myself. Please respond to these comments with additional information and/or revised plans if appropriate, no later than Friday, April 28, 1995. If you have any questions, please give me a call. Sin rely, Ray and J. Belair, Zoning and Planning Assistant RJB/mcp Encls Preliminary Memo - Planning May 9, 1995 agenda items April 20, 1995 Page 2 --- show locations of all existing and proposed exterior lights and provide details (wattage, types, height of pole, etc.). --- a note indicating that the northerly access is for egress only (see comment below). Other: provide gross floor area of all buildings including this addition. coverage information submitted on application is not correct. Overall coverage plus landscaped areas should equal 100%. These two (2) numbers on the application add up to only 56.2%. provide front yard coverage information for both lots. legal documents for the r.o.w. should be submitted for review and approval by the City Attorney. provide building and overall coverage information for the Holmes Trucking property. plan should show correct name of Holmes Road. this proposal would result in the Holmes Trucking property having two (2) driveways. Section 26.103(a) of the zoning regulations state that "unless specifically approved by the Planning Commission there shall be a maximum of one driveway per lot accessing a public street". Staff does not see a problem with providing two (2) driveways. the 8/28/84 approval for the northerly access required that it be signed for exiting vehicles only. This condition has not been met. SOUTH BURLINGTON REALTY COMPANY - 108 UNIT PUD - SKETCH PLAN Sketch plan should be revised to include the following additional information: - name and address of the owner of record. - names of owners of record of contiguous properties. --- graphic scale. --- staff recommends that the street be a public street from Patchen Road to Arbor Road and that a connection be made to Arbor Road. --- all 243 required parking spaces in addition to parking and storage facilities for recreational vehicles. --- screened dumpster locations, if any. --- total number of bedrooms plus infiltration (for sewer calculation). 2 Preliminary Memo - Planning May 9, 1995 agenda items April 20, 1995 Page 3 --- sidewalk Other: provide estimated cost of all buildings. -`� provide building and overall coverage information. --- plan should be revised to show correct name of Arbor Road. -=� it appears that portions of buildings #1,4,5,9,11, and 18 are located partially within the C.O. District. This is not allowed, plan should be revised to relocate buildings so no portions are within the C.O. District. --- applicant should be aware that this project will be subject to road, school and recreation impact fees. --- applicant should submit a written report addressing the PUD criteria under Section 26.151 of the zoning regulations. --- the base maximum density for this property under Section - 26.152 of the zoning regulations is 76 units. --- unless the proposed street is connected with another street, the maximum number of units allowed on a cul-de-sac street is 50 units. --- length of cul-de-sac is approximately 1850 feet and the maximum length permitted under Section 401.1(g) of the subdivision regulations is 1200 feet. --- applicant should review the enclosed "Guidelines Regarding Fire Protection in New Developments" and incorporate these recommendations in the proposal. --- it appears that the construction of some of the buildings will result in filling a portion of the wetland buffer. This is not allowed unless specifically approved by the Planning Commission under Section 3.50 of the zoning regulations. THIRTY SIXTY ASSOCIATES - MULTIPLE USES - SITE PLAN --- provide retail floor area business by business for all businesses which include retail use. --- show one (1) additional handicapped space (4 spaces required). --- provide front yard coverage information. --- plan should show existing and proposed exterior lighting locations and details. Staff recommends that the pole mounted flood light be removed or replaced with a downcasting and shielded fixture. 3 M E M O R A N D U M To: Bruce O'Neill, Southr$urlington Recreation Director From: Raymond J. Belairii,((//Vououth Burlington Zoning and Planning Assistant Re: Project Reviews by Recreation Path Committee Date: April 28, 1995 There are two (2) developments under review which may be of some interest to the Recreation Path Committee. The first is a 108 unit condominium complex proposed for 201 Patchen Road on 28 acres owned by Randall Munson. The property is located between the Summer Woods and Patchen Place developments (see attached plan) both of which have dedicated pedestrian/recreation path easements. The proposed development could serve as a link between these two (2) developments. The Planning Commission will first see this project at their 5/9/95 meeting. The other project involves amending the layout of five (5) duplex units on Bay Crest Road (see attached plan). The developer is proposing three (3) alternative plans for the Commission to consider. The Recreation Path map shows a proposed recreation path from Allen Road to the southerly boundary of the developer's property. If the City is to obtain an easement across the property, now would be the time to incorporate it in the plans. / 1 / , b at -01%01 r i iv ``'��s 3 �' \ .� � � Lim I -: `--„b � � ���•� .y>_ - sneer no. D Z/23/95 3/9/95 CENTENNIAL COMMONS �n L___1 3/31/95 Robson Bilgen Architects p.c. SOUTH BURLINGTON REALTY CO. Hancock, Vermont 802-767-3744 SKETCH SITE PLAN n muz. _ ow-W 1 ) .�3aautt +N urlingtun N ire Department 575 i9nruet street .3ntttll +gurlington, lftermunt 05403 FAX: (802) 658-4748 (802) 658-7960 MEMORANDUM TO: South Burlington Planning Commissioin FROM: Wallace Possich, Fire Chief DATE: April 18, 1995 RE: Plans Review for May 9, 1995, Meeting I have reviewed the following site plans and my comments are as follows: 1. Centennial Commons Patchen Road Dated 4-11-95 A. Two entrances to the subdivision are needed. It may be possible to connect Arbor Lane to the entrance road. B. The street must be a minimum of 30 feet wide. C. Multi -family buildings must be at least 30 feet apart. D. Fire hydrants must be located no more than 500 feet apart. 2. 400 White Street Acceptable 3. Goss Dodge Shelburne Road Acceptable Dated 4-10-95 Dated 4-10-95 i SITE PLAN CHECK LIST --- Lot drawn to scale --- Survey data (distances and lot size) --- Contours (existing and finished). --- Existing vegetation and natural features. --- Proposed landscaping (number, variety and size) equal or greater than the required amount in section 19.104 of the Zoning Regulations. --- Location of streets, abutting properties, fire hydrants, existing buildings. --- Existing and proposed curb cuts, pavement, walkways. --- Zoning boundaries --- Number and location of parking spaces. (RV parking for multi- family projects over 25 units). --- Number and location of handicapped spaces as required. --- Location of septic tanks (if applicable). --- Location of any easements. --- Lot coverage information: Building, overall and front yard. --- Location of site (Street # and lot #). v --- North arrow - - Name of person or firm preparing site plan and date. ---� Exterior lighting details (must be downcasting and shielded). --- Dumpster locations (dumpsters must be screened). --- Existing and proposed sidewalks (public). --- Sewer calculation --- Height of new construction. --- Setbacks (residential district, planned r.o.w., Interstate). --- C.O. Zone --- Bike racks --- Traffic generation --- Traffic Impact fees --- PUD/PCD standards --- Airport Approach cone --- Outside storage/display --- F.A.R. --- Lot merger agreement --- Setback from planned r.o.w. --- If boundary line adjustment, need subdivision? --- Nonresidential use setback from Residential District CI'I'1' (W `;(ATII illIPIj11IN II)N Subdivision Application - SKINVII PIAN 1) Name, address, and phone number of: a. Owner of. record Randall G. Munson, 366 Dorset_Street,_South Burlington, VT 05403 (802) 863-6391 b. Applicant South Burlington Realty Company, 366 Dorset Street, South Burlington, VT 04303 (802) 863-6395 c. Contact person John Jaeger, South Burlington Realty, 366 Dorset Street, South Burlington, VT 05403 (802) 863-6395 {�-t �J.(�?� �S 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). This proposal is for a condominium housing development totalling 108 housing units on 27.76 +/- acres in the R4 zone There will be four condomunium units per building, predonimately two- and three-bedr 3) App icant's( om floorplans with attached gara f4) 1(6 in the property (fee simple, option, etc) South Burlington Realty is a registered tradename of Randall G. Munson, the owner. 4) Names of owners of record of all contiguous properties S e e attached. 5) 'type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. None rupused extensiun, reIocution , or mod ifical_run ()1' municipal acilities such as sanitary sewer, water• supply, streets, torm drainage, etc. This proposal includes approximately 000 linear feet of new roadway, along with related storm rainage (both open and closed), sanitary sewer, water and utilities lescribe any previous actions taken by the 'Zoning Board of Adjustment or by the South Burlington Planning Commission which affect the proposed subdivision, and include the dates of such actions: No previous actions are known which directly relate to this roperty. 8) Submit five copies and one reduced copy (8 1/2 x 11 or 8 1/2 x 14) of a sketch plan showing the following information: 1) Name of owners of record of contiguous properties. 2) Boundaries and area of: (a) all contiguous land belonging to owner of record and (b) proposed subdivision. 3) Existing and proposed layout of property lines; type and location of existing and proposed restrictiahs on land, such as easements and covenants. 4) Type of, location, and approximate size of existing and proposed streets, utilities, and open space. 5) Date, true north arrow and scale (numerical and graphic). 6) Location map, showing relation of proposed subdivision to adjacent property and surrounding area. (,Sgnatlure)<appl ic4nt er conkact person l J date -2- Centennial Commons - owners of contiguous properties Germaine Leclair 185 Patchen Rd. S. Burlington, VT 05403 Summer Woods Associates W.W. Hart 252 College St. Burlington, VT 05401 Summer Woods Community Association Carol Gansby, Agent P.O. Box 2121 South Burlington, VT 05403 Tygate Properties 1076 Williston Rd. S. Burlington, VT 05403 Evelyn Lamplough c/o Tygate Properties 1076 Williston Rd. S. Burlington, VT 05403 Dorfman, Carolyn R. 355 Patchen Rd. #1 S. Burlington, VT 05403 Pendo, Stephen A. 355 Patchen Rd. #2 S. Burlington, VT 05403 Burns, David M. 355 Patchen Rd. #3 S. Burlington, VT 05403 Carter, Elizabeth A. 355 Patchen Rd. #4 S. Burlington, VT 05403 Gouvin, John P. and Helen 355 Patchen Rd. #5 S. Burlington, VT 05403 Swainbank, John A. 355 Patchen Rd. #6 S. Burlington, VT 05403 Martin, James A. 355 Patchen Rd. #7 S. Burlington, VT 05403 l Pasqual, Michael 355 Patchen Rd. 8 S. Burlington, V 05403 The Society of H. Adam c/o Carl Lisman Lisman & Lisman 84 Pine Street Burlington, VT 05401 City of South Burlington 575 Dorset St. S. Burlington, VT 05403 Marilyn J. Gleason 34 Luck St. Burlington, VT 05401 Richard & Sue A. Sweterlitsch 219 Patchen Rd. S. Burlington, VT 05403 Alan V. Merchant 215 Patchen Rd. S. Burlington, VT 05403 David A. Keough Holly A. Ryan 211 Patchen Rd. S. Burlington, VT 05403 Gary E. & Grace E. Martin 209 Patchen Rd. S. Burlington, VT 05403 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 May 5, 1995 John Jaeger South Burlington Realty Company 366 Dorset Street South Burlington, Vermont 05403 Re: Residential PUD, 201 Patchen Road Dear Mr. Jaeger: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and Fire Chief Wally Possich were sent to you at an earlier date. Please be sure someone is present on Tuesday, May 9, 1995 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Sincerely, 40 Joe Weith,� City Planner JW/mcp Encls