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HomeMy WebLinkAboutBATCH - Supplemental - 0006 0010 0014 0015 0018 Lime Rock Road (2)1-0101 911 V EKNIU;NT W ARKAN 1 Y Ukhil �1 rvrrA.a TUTBLANX REGISTERED U. S PAT. OFFICE TUTTLE LAW PRINT, PUBLISHERS. RUTLAND, VT 05701 Of in the County of and State of Vermont Grantor J. in the consideration of ----------------------------------Ten and More----------------------------- Dollars paid to my full satisfaction by CITY OF SOUTH BURLINGTON, a Vermont municipal corporation in the County of Chittenden and State of Vermont Grantee by these presents, do freely (lane. (grant. #P11, Tonueu Anb Tonft m unto the said Grant ee CITY OF SOUTH BURLINGTON successors and its/ *,was and assigns forever, a certain piece of land in South Burlington in the County of Chittenden and State of Vermont, described as follows, viz: A parcel of land, 60 feet in uniform width, to be used for public roadway purposes, said strip commencing at a point in the northerly sideline of Ethan Allen Drive and proceeding generally northerly and north- easterly to a turnaround. The point of intersection of the northeasterly sideline of said 60 foot wide strip with the northerly sideline of Ethan Allen Drive is located N 80°00'00" W 180.00 feet from an existing iron pin marking the southwesterly corner of property now or formerly of Berard; thence proceeding 10°00'00" a distance of 67.07 feet to a monument; thence proceeding in a curve to the right a distance of 64.04 feet to a monument; thence proceeding 31°34'57" 60.97 feet to a monument; thence proceeding in a curve to the right a distance of 80.22 feet to a monument; thence proceeding 85°39'14" 29.50 feet to a monument; thence proceeding in a curve to the left a distance of 99.66 feet to an iron pin; thence proceeding in a curve to the left a distance of 86.74 feet to an iron pin; thence proceeding in a curve to the left a distance of 60.00 feet to an iron pin; thence continuing in a curve to the left a distance of 60.00 feet to a monument; thence proceeding 31°34'57" consecutively 120.00 feet to an iron pin and 88.54 feet to a monument; thence proceeding in a curve to the left a distance of 36.04 feet to an iron pin; thence proceeding in a curve to the left a distance of 50.60 feet to a monument; thence proceeding 10000'00" 67.07 feet to a monument in the northerly sideline of said Ethan Allen Drive; thence turning to the left and proceeding 100°00'00" in and along the northerly sideline of Ethan Allen Drive a distance of 60.00 feet to the monument marking the point or place of beginning. Said 60 foot strip and turnaround are more particularly depicted on a plan entitled "A Portion of Ethan Allen Farm, Ethan Allen Drive, South Burlington, Vermont: Plat of Lots 1-8", dated April, 1983, prepared by Fitzpatrick -Llewellyn Associates, and recorded or to be recorded in the South Burlington City Land Records. The property conveyed herein is a small portion of the land and premises conveyed to the within Grantor by Warranty Deed of dated , 19 , and recorded , 19 , in Volume at Pages of the South Burlington City Land Records. Also conveyed is an eight inch (8") waterline pipe and appurtenances thereto, as same is located within the roadway and turnaround above described. Reference is hereby made to the above -mentioned instruments, the records thereof and the references therein contained in further aid of this description. [PS24K] Lo Haur _and to hold said granted premises, with all the privileges and ap- purtenances thereof, to the said Grantee CITY OF SOUTH BURLINGTON, a Vermont municipal corporation, its successors "in and assigns, to their own use and behoof forever; .lnd the said Grantor JOHN H. BELTER, JR. for myself and my heirs, executors and administrators, do covenant with the said Grantee CITY OF SOUTH BURLINGTON, its successors haim and assigns, that until the ensealing of these presents I am the sole owner of the premises, and have -dood ri-dht and title to conveu the same in manner aforesaid, that they are Nrer Wrom $uerg $nrumbranre: except as abovementioned, and I hereby engage to Warrant .end Drfrnb whatever, except as aforesaid. Tin Witncuu Riherrof. I this day of %t Pre-4ence of Otate (Of Verwant, .4t �Ss- Mountin the same against all lawful claims hereunto set my hand and seal ✓1. D. 19 8 3 JOHN H. BELTER, JR. personally appeared, and he him sealed and subscribed, to be Before me W U U_ W O An Y Ir W J U day of this .4. D. 1983 acknowledged this instrument, by his free act and deed. 0 cc O U W D_ O 0 W w U W 0.' Notary Public (Title) E o � CC O w W W U a a � X O � z 0 a o U 0 a. �O Cr O W F- 0 C Ld F- Q m Q W W W W it W O W CC o 0 Ir Cd o � m W o 0 z N a z 1 J W Q m Al B 5/10/83 MOTION OF APPROVAL For the Final Plat Application by John Belter for an 8 lot industrial sub- division on Ethan Allen Drive as depicted on a survey plat and 3 page site plan entitled "A Portion of Ethan Allen Farm" prepared by Fitzpatrick -Llewellyn Associates, dated April 1983: Stipulations: 1) A 60-foot wide right-of-way at the end of the cul-de-sac extending east- erly to the Berard property shall be submitted. 2) Signed legal documents, as approved by the City Attorney, shall be sub- mitted prior to recording of the final plat. 3) Revised plans and details for curbs and road base shall be submitted to and approved by the City Engineer. 4) Water department approval must be obtained before recording of the final plat. 5) The need for improvements to Ethan Allen Drive and its intersection with Airport Parkway shall be reconsidered at the time of any further subdivision of this property. 6) No buildings may be constructed within the floodplain portions of lots 2' through 6. Other site improvements may take place on these lots in the flood - plain to the east of the existing fence in conformance with the use limitations of the floodplain section of the zoning ordinance. 7) Plumbing for any proposed buildings shall be planned so that it can easily hook onto a sewer main in the proposed street. T) The revised final plat, containing any required changes from stipulations ,3, and 4, shall be approved by the City Planner and shall be recorded with- in 90 days. �-r 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, May 10 1983, at 7:30 P.M. to consider the following: 1) Final Plat Application by John Belter for an 8-lot industrial subdivision at Ethan Allen Farm. Property is bounded on the south by the airport and by National Guard Avenue, on the west by Shamrock Road, on the north by Ashline, Unsworth and the Winooski River, internally by Berard, and on the east by numberous residents of Country Club Estates. Copies of the application South Burlington City Hall. April 23, 1983 are available for public inspection at the Sidney B. Poger Chairman, South Burlington Planning Commission Ttk City of South Burlington WATER DEPARTMENT 400 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 TEL. 864-4 36 1 May 5, 1983 Mr. Steve Page Fitzpatrick - Llewellyn Inc. 15 Brickyard .Road Essex Junction, Vermont 05452 Re: Ethan Allen Farm Project Dear Steve, I have reviewed the proposed plans for thejEthan_Allen Farm�roject and approved them with the exception of the use of galvanized pipe prior to the water meter. Sincerely, SOUTH �BURLINGTON WATER DEPARTMENT Robert Perkins Superintendent cc: Robert Gardner David Spitz William Szymanski July 11, 1983 John Uelter 102 Ethan Allen Drive South Burlington, Vermont 05401 Dear John, I am trying to clean up several loose ends concerning your approval for the first 8 industrial lots: 1) Draft copies of .legal documents were approved by Attorney spokes. You must now submit signed original forms to me. �k 2) The first page of the Plan set, i.e. the "final plat", is acceptable and has already been recorded. Hovmver, two changes were required on the detail pages concerning road base thickness and curb extensions (City Manger's 5/6/83 metro) . Please check with me or vVilliam Szymanski about those changes. y` 3) When the above chanties are made you must submit 2 blueprint copies of the entire plan set. Please call if you have any questions. Sincerelv, David fi. spitz, City Planner DHS/mcg V&Akd-( .;1 State of Vermont x Department of Fish and Game Department of Forests, Parks, and Recreation Department of Water Resources & Environmental Engineering Natural Resources Conservation Council October 30, 198.5 AGENCY OF ENVIRONMENTAL CONSERVATION John H. Belter 102 Ethan Allen Drive South Burlington, VT 05401 RE: Case EC-4-0772; 6 lot subdivision (commercial) Ethan Allen Drive - South Burlington, Vermont Dear Mr. Belter: Department of Water Resources and Environmental Engineering Essex Junction Regional Office 111 West Street Essex Junction, Vermont 05452 OF�YAM0671*1 On or about October 1, 1985, our office was advised that there existed a dug well directly downslope of lot #6 of the above referenced subdivision. Because of the potential of contamination of the water in the well from sewage disposal systems to be located on lots 1 - 6, we needed to be assured that this well was not providing drinking water to any building. On October 6, 1985, I met with Mr. Roger Dickinson, P.E. with FitzPatrick- Llewellyn, Inc. at the site to review the location of the water supply. Then on October 28, 1985, Mr. Douglas Fitzpatrick telephoned me to explain that the well formerly provided water to the Berard homestead on Ethan Allen Drive, but that the dug well has not been in service for the past ten years. Mr. Fitzpatrick advised me that you would be willing to disconnect all possible power to the pump house thus assuring the discontinued use of the dug well. We feel this approach would be adequate and this letter is to inform inte- rested parties that the dug well will not be allowed by the Protection Division as a potential drinking water source. Should you have any questions, please contact this office. Sincerely, Ernest P. Christianson Regional Engineer EPC/nlc CC: FitzPatrick-Llewellyn, Inc. City of South Burlington Department of Health Dwight Baker May 12, 1983 John Selter 102 Ethan Allen Drive South Burlington, Vermont 05401 Dear John, Enclosed is a copy of the South Burlington Planning Caienission's final approval with stipulations for your 8 lot industrial subdivision on Ethan Allen Drive. Please note that most of the stipulations must be satisfied be- fore recording of the final plat (within 90 days). Also note that the stip- ulation concerning the cul-de-sac extension will require changes both on the plan and in the legal documents. Please leave sufficient time so that the revised submissions may be approved by myself and by Attorney :;pokes before the 90 day time limit expires. Call if you have any gaestions. sincerely, David H. Spitz, City Planner DHS/mcg 1 Encl PLANNING COMMISSION JANUARY 25, 1983 The South Burlington >Planning .Commission held a regular meeting on Tuesday, January 25, 1983, at 730 pm in the Conference Room, City Hall, 575 Dorset St. Members Present Sidney Poger,":Chairman;"George Mona ,Mary -Barbara Maher, Kirk Woolery, John Belter, Judy Hurd; Member Absent Peter Jacob Others Present David Spitz, Planner; ;Barry Carris, Stephen Page, John Hasner, Robert Marcellino, Pat Burgmeier, The Other Paper Minutes of January 18. 1 On page l,the words "or even" at the end of the second paragraph under the sewer policy:ehould be "but not". Mrs. Maher moved to approve the January 18, 1983 minutes as corrected and Mr. Belter seconded the motion. It carried with Mr. Woolery abstaining. Sketch plan review of application by Ethan Allen Farm for 9 commerc ialAndus trial lots on Ethan Allen Drive Mr. Belter removed himself from the discussion due to a conflict of interest. Mr. Spitz noted that the floodplain area shown on the recent maps done for the city was different from the area shown.by Mr. Page's map, drawn for Mr. Belter. He said the recent floodplain mapping was not done as accurately as it could be, and that the developer needed to show that his work was accurate for the next stage in the process. Mr. Page felt that his delineation of floodplain was more accurate than the recent maps. Mr. Page said 9 lots were being requested. Most will have access to Ethan Allen Drive, which is a public road, about 20' wide. Mr. Rene Berard owns 10 acres of land in the middle of the area in question, but that is not part of the application. Mr. Mona wanted to see the zoning drawn on the map at the next stage, since the farm is zoned both industrial and residential. He wanted to know where the lines were. Mr. Page said there were two power lines running across the property - nothing could be built between them. He noted that there Were some areas shown on the plan which are not proposed for subdivision - they are study areas for long range planning. Mr. Mona felt those areas should be removed from the plan before the Commission. Mr. Page noted that floodplain area in a "finger" shape on the land was drawn from field contours. The area behind lots 8 & 9 is an approximation of the floodplain. Lots 1 and 2 will share a common drive. Lot 3 will be able to use,that drive, or come off Ethan Allen Drive. Mr. Poger asked about the land behind those lots and was told _that before the process was over, access to that land would be shown. Mr. Page said the lots were shown at the minimum required size- they may be enlarged later. He said they were looking for uses similar to those on Berard Drive, perhaps on a smaller scale. Mr. Belter said they wanted uses compatible 2. PLANNING COMMISSION JANUARY 25, 198 with the farm operation; large volumes of traffic would not be good. The Commission noted that it might require road improvement, perhaps after a certain number of lots were developed. If Mr. Belter wanted to subdivide lots 8 and 9 as they are currently shown, he would have to improve the road all the way to them, across the land owned by Mr. Berard. Mr. Mona suggested putting those lots across the road from lots 6 & 7, to save road costs. The lots will have on -site sewage disposal. Mrs. Maher asked how the land was taxed. She was told that since the city was going to be reappraising for the next 2 years, this land would probably be put into the industrial category. Mr. Poger was concerned that if that happened, the area would no longer be able to be farmed. Mrs. Maher felt the City Council should be made aware that the Commission was concerned about this issue. Mr. Spitz noted that there were programs in other municipalities designed to leave land in agricultural use. Mr. Spitz felt the developers should show there was enough buildable area on lot 4. He noted that zoning did not specify whether floodplain land could be used for density. Mr. Poger felt that the land outside the floodplain should be counted and that the size of the building should be proportional to how much of the lot was in the floodplain. Mr. Mona felt that was restrictive. Mr. Spitz did not feel that land suitable for farming should be used to meet density requirements. It was noted that the intersection of Shamrock Road and Airport Parkway was terrible and might need improvement. Sketch plan review of application by Homestead Design for 6 residential lots on Bartletts Bay Road Mr. Marcellino said the survey had not been completed, but that they had about 5.8 acres of land. He was told that meant they could have 5 lots. He said they would like to serve 3 of the homes with a private drive on the west side of the lots. They would leave a 60' right of way on the east side and deed it to the city. various ways of dealing with this right of way were discussed. Mr. Spitz did not feel that private drives serving single family hovies were a good idea, since there usually was pressure later to have them made public. Mr. Hasner noted that the right of way might become a public road later. Mr. Poger mentioned putting the private drive in the area of the right of way, and use it for now until it became a public road. He mentioned that the homeowners could be required to sign an agreement similar to those in condominiums for maintenance of the road. Mr. Marcellino said it could be in the deed that the road would not be accepted by the city unless it were developed to city standards. Mr. Spitz noted that if the city street were not required of this developer, it could not be required of Mr. Farrell, who owns abutting land, when he wants to develop that land. Mr. Marcellino felt a 24' wide paved road for 3 homes was an un- necessary burden. The Commission decided to allow a private drive on the east for the homes. Mr. Woolery wanted to be sure the base was sufficient to allow paving at a later date; it should be built to city specifications. Bever policy revisions Mrs. Maher asked about the first paragraph in #8. She said she had no faith in Capital Budgets. Mr. Poger noted that if the city did not stick to its Capital Budget, a developer would have good reasonable arguments to build anyway. It was noted, however, that to take the matter to court could take CITY OF SOUTH BURLINGTDN Subdivision Application - PRELIMINARY PLAT 1) Name of Applicant , 0K MPPEWER- 2) Name of Subdivision GIHAR AUN UMM 3) Submit Subdivision Fee 4) Describe Subdivision (i.e. total acreage, number of lots or units, type of land use, gross floor area for commercial or industrial uses): "] wsp ..,w- tA&W 10( t%-,& 5) Indicate any changes to name, address, or phone number of owner of record, applicant, or contact person since sketch plan application: 6) Name, address, and phone number of: 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: P" W r" Roof-Cp 8) List names and mailing addresses of owners of record of all contiguous IN AA properties: <=��✓1� 9) State title, drawing number, date of original plus any revisions, and designer(s) of the preliminary map(s) accompanying this application. phi 10) COST ESTIMATES for Planned Unit Deve lopments, multi- family projects, and commercial and industrial complexes: (a) Buildings (b) Landscaping (c) All Other Site Improvements (e.g., curb work) 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 V� ILL P.M. peak hour u�t� Average dail traffic J%a — UO $ of trucks 11 12) Attach four copies of a preliminary ivap showing the following information:. 1) Proposed subdivision name or identifying title and the name of the city. 2) Name and address of owner of record,subdivider and designer of Prelim- inary Plat. 3) Number of acres within the proposed subdivision, location of property lines, structures, watercourses, wooded areas,and other essential exist- ing physical features. - 2- 4) The names of all subdivisions immediately adjacent and the names. of owners of record of adjacent acreage. 5) The location and size of any existing sewers and water mains, culverts and drainr on the property or serving the property to be subdivided. 6) Location, names and widths of existing and proposed streets, private ways, sidewalks, curb cuts, paths, easements, parks and other public or privately maintained open spaces as well as similar facts regarding adjacent property. 7) Contour lines at intervals of five feet, based on United States Geolog- ical Survey datum of existing grades and also of proposed finished grades where change of existing ground elevation will be five feet or more. S) Complete survey of subdivision tract by a licensed land surveyor. 9) Numerical and graphic scale, date and true north arrow. 10) Details of proposed connection with existing water supply or alternative means of providiUg water supply to the proposed subdivision. 11) Details of proposed connection with the existing sanitary sewage disposal system or adequate provisions for on -site disposal of septic wastes. 12) 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. 13) Provisions for collecting and discharging storm drainage in the form of drainage plan. 14) Preliminary designs of any bridges or culverts which may be required. 15) The location of temporary markers adequate to enable the Commission to locate readily and appraise the basic layout in the field. Unless an 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. Etc 16) All parcels of land proposed to be dedicated or reserved for public use and the conditions of such dedication or reservation. 13) Developmental timetable (including nwiher of phases, and start and completion 1 PA �dates) St _ )PPIZaVkGs VIRUS R.Bt BC D 14) List the waivers applicant desires from the requirements of these regulations: • TO UWCIOT ll- sZi 'C help M► -T T► - tV['s FW&O.m4 a pR�►y� . 15) Attach a vicinity map showing the following: 1) All existing subdivisions, approximate tract lines and acreage of adjacent parcels, together with the names of the record 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 proposed streets, curb cuts, easements, building lines and alleys pertaining to the proposed sub- division 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 movers only part of the subdivider's entire holding. P64.'e.- (signatule) a plicant or tact person ate (4) M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: Next week's agenda items Date: 4/8/83 3) Lacey Addition, Williston Road 1. Proposed new blacktop parking area shall be graded so that drainage runoff is toward the north. It shall include a gravel base at least 8 inches thick. 2. Plan should be dated. 4) Homestead Desiqn, Inc., Bartletts Bay Road 1. Water and sewer mains should be within the street rights -of -way for quick easy access in an emergency. Sewers should be in the center of the road and water mains along the side. 2. The road should be public with a minimum paved width of 24' plus 3' shoulders and an adequate turnaround. The turnaround can be temporary until the road is extended northerly. 3. Water main should be extended along the south side of Bartletts Bay Road. 5) Bartlett Property 1. Pool's isolated location will probably encourage residents to drive to the site causing parking problems along the street. It will also be difficult to police. C) Ethan Allen Farm 1. Lots 1 and 7 should have their entrance drives on Ethan Allen Drive as far away from the intersection as possible. 2. A knoll just east of the proposed road intersection may have to be cut down to improve site distance. 3. This area is expected to be sewered when Country Club Estates is sewered. A sewage pumping station is planned near the brook. Plumbing for any proposed building should be planned so that it can easily hook on to a sewer main in the proposed street. M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: Next week's agenda items Date: 5/6/83 2) College Woods 1. There should be a separation between sidewalk and curbing of at least 5 feet. Sidewalk shall be at least 5 feet wide. 2. Sidewalk should be constructed along Patchen Road and connect to walk- way on Interstate Bridge. 3. There should be a street light at Patchen Road entrance. Additional lights especially near cul-de-sac may be required which can be added near trans- formers. 3) Ean A lien Farms 1. A 60' strip at end of cul-de-sac should be reserved at far northerly point adjacent to the Berard property to leave open the possibility for eliminating the cul-de-sac and extending the road and/or utilities easterly. 2. Curbs shall be extended around entrance radii to a point 15' from center of Ethan Allen Drive. Drop inlets shall be constructed at that point to intercept road drainage. 3. Road gravel base shall be a total thickness of 18 inches. If crushed stone (704.09) is used this may be decreased depending on field conditions. That determination to be made by City. 4. Using allowable water main deflections per pipe joint, the 222 degree bend may be eliminated and pipe installation kept at a close to uniform distance from road. Pipe installation as shown will require an easement from lot 8. Water Department to review this plan. 4) 7-Up Building Expansion 1. Since Berard Drive serves only the adjacent industries with no possibility of extending this street to serve other areas, I have no objection to the extra road openings. The new openings shall be constructed by removing the existing barrier concrete curbs and pouring new depressed curbs. Disturbed roadway shall be patched. GRAVEL, SHEA 8 WRIGHT, LTD. ATTORNEYS AT L A W OFPICES L O C A T E D AT C H A R L E S T SHEA LAWRENCE A. WRIGHT STEPHEN R CRAMPTON P_ 0. BOX 1049 109 SOUTH WINOOSKI AVENUE STEWART H. McCONAUGHY BURLINGTON, VERMONT ROBERT B. HEMLEY BURLINGTON, VERMONT 05402 WILLIAM G. POST, JR. B02 650-0220 CRAIG WEATHERLY NORMAN WILLIAMS CLARKE A. GRAVEL JAMES E. KNAPP COUNSEL May 9, 1983 Richard A. Spokes, Esq. Spokes, Foley & Obuchowski P. 0. Box 986 Burlington, VT 05402 C Re: Subdivision of Lots 1-8 of Ethan Allen Farm, John H. Belter, Jr. Dear Dick: O I enclose a revised Warrantv Deed in conjunction with the Offer of Irrevocable Dedication concerning the above -referenced subdivision. The location and design of the roadway and turn- around was revised during the Planning Commission process and I believe the enclosed deed description represents the final Plocation. Call if you have any questions or suggestions. yCordially, GRAVEL, SHEA & WRIGHT, LTD. Stephen R. Crampton SRC:wsa Enclosures cc: David Spitz, City Planner (w/enclosures) Stephen Page (w/enclosures) John H. Belter, Jr. (w/enclosures) E d = 76°08014,� 121034 '57 R = 75.000 p c��;;'.9 • G O L = 99.66 i o LOT 5 try 42583 SF , F d = 54°04 17,� - G N R = 85.00 333.34 ' o o- L = 80.22 , _ - 121°34�57' o= G d = 21°34 057�o, R = 170.00, "' o LOT 4 01 0 _ L= 64.04 v 0 40000 SF N 9 �` �w M N l �. 9 \ � r i _ 12333.34 ' _ /(� -- 1°3457'vo i.�, o-o o_ LOT 49.50N/ BELTER LOT 3 CD' M; ch 400008SF °_ o R.O.W. OD 41510 SF N _ 335 .00 11%0 61. O 001 121034e57�0 v'10° p /' 02� 01 .001 00 Fr i °p 6� - i 00 ,100, fy LOT 2 °00 0 qN q O 51416 SF Ip 51 60'0 11 00 ���FN ��� / 49.5035 p 0p°00 L 0 T I RiIlF /g344 88 , 108 4 4 00 gg .9 Zp� 1 55894 SF _ 58 00„ 65.18 ' Ipl° Z o �� l27037'10 i o w c0 �O 7D° N/F DDb 4 oo- \'BELTER 1 pw 211.00 1 o 117 ° 06 01 �� 5p, i /00 . G GRFFN /50 � N/F BER< f IJ PROPERTY ThANSFER TAX RETURN N0. A 6 3 3 3 81 VERMONT DEPARTMENT OF TAXES MONTPEUER, VERMONT 05602 A. SELLER (TRANSFEROR) NAME(S) MAILING ADDRESS IN FULL INCLUDING ZIP CODE SOCIAL SECURITY NUMBER John H. Belter, Jr. 102 Ethan Allen Drive South Burlington, VT 05401 BUYER (TRANSFEREE) NAME(S) MAILING ADDRESS IN FULL - INCLUDING ZIP CODE SOCIAL SECURITY NUMBER City of South Burlington 575 Dorset Street South Burlington, VT 05401 ljznm3zELOCATION such as ' 173 Maple St . Burlington OR "The Smith Farm, Old Mill Road. Tunbnage ) If property is located in two towns, please list both. Ethan Allen Farm, South Burlington, Vermont 05401 If the buyers acquired less than the entire interest tFee Simple) in the propertyplease state the interest acquired tsuch as Lite Estate, Perpetual Easement. etc ) APPROXIMATE LAND SIZE: I ACREAGE. AND LOT SIZE: FRONTAGE: DEPTH. Please check the applicable boxles) describing existing buildings 1 NONE 3 ❑ HOUSE 5 ❑ BARN 7 ❑ MOBILE HOME 9 ❑ STORE 2 ❑ FACTORY 4 ❑ CAMP or VACATION HOME 6 ❑ APARTMENT. NO UNITS 8 ❑ CONDOMINIUM. NO UNITS 10 ❑ OTHRR(EXPLAIN) Please check the category which best describes the use of the property BEFORE TRANSFER as shown in the GRAND UST BOOK 1 ❑ PRIMARY RESIDENCE 2 ❑ TIMBERLAND 4 ❑ GOVERNMENT USE 6 ® OPEN LAND 8 ❑ OTHER (EXPLAIN) (excluding mobile homes) ❑ NEWLY CONSTRUCTED 3 ❑ OPERATING FARM 5 ❑ COMMERCIAL 7 ❑ INDUSTRIAL 9 ❑ CAMP OR VACATION (never occupied. less than 1 yr. old) ❑ EXISTING Please check the category which best describes the proposed use of the property AFTER TRANSFER 1 ❑ PRIMARY RESIDENCE 3 ❑ OPERATING FARM 5 ❑ COMMERCIAL 7 ❑ INDUSTRIAL g ❑ CAMP OR VACATION 2 ❑ TIMBERLAND 4 ❑ GOVERNMENT USE 6 ❑ OPEN LAND 8 OTHER (EXPLAIN) Water line easement • • THIS SECTION MUST BE COMPLETED IF TRANSFER IS CLAIMED TO BE EXEMPT FROM PROPERTY TRANSFER TAX It such an exemption is aaMed. you need not complete the section titled "TAX." but You MUST COMPLETE the section titled "VALUE CITE EXEMPTION and EXPLAIN REAL PROPERTY VALUE INCLUDES the value of any notes. property. stocksbonds. etc, given to selier, and the value of any mortgages or liens assumed by the buyerif the transfer was a gift or was for nominal consideration. give the estimated lair market value of the real property transferred TOTAL PRICE PAID $ LESS PERSONAL PROPERTY $ REAL PROPERTY VALUE $ TAX PAYMENT DUE: FIVE TENTHS OF ONE PERCENT(0 005) OF THE AMOUNT SHOWN ABOVE. BUT NOT LESS THAN $1 00 (FOR EXAMPLE IF THE VALUE WAS $10.000 THE TAX DUE IS $50.00. IF THE VALUE WAS $100.. THE TAX DUE IS $1 00) AMOUNT DUE ' 1.00 Make checks payable to VERMONT DEPARTMENT OF TAXES It there were circumstances in the Transfer Wn,Ch Suggest that the pace paid for the property was either more or less than its fav market value. please explain DATE SELLER ACOUIRED IF BY GIFT DATE DONOR ORIGINALLY ACOUIRED IF A VERMONT LAND GAINS TAX RETURN IS BEING FILED. CHECK HERE ❑ IF A VERMONT LAND GAINS TAX RETURN IS NOT BEING FILED. INDICATE REASON BELOW (MUST BE ONE OF REASONS GIVEN IN INSTRUCTIONS.) CERTIFICATE PURSUANT TO 32 V.S.A. §9606 (c) FOR VERMONT BOARD OF HEALTH SUBDIVISION REGULATIONS (18 V.S.A. §1218 et seq.) This transfer is in compliance with the Subdivision Regulations of the Board of Health and any permits issued thereunder. If this property has ever received a permit, specify the permit # Permits must be obtained PRIOR TO TRANSFER. If exempt, specify which numbered item from the instructions applies or, on a separate sheet, explain other circumstances for exemption. CERTIFICATE — Pursuant to 32 V.S.A. §9606 (e) we hereby swear and affirm that we have investigated and have disclosed to each party involved in this transfer all of our knowledge regarding FLOOD REGULATIONS, if any, which affect the site hereinbefore described. We hereby swear and affirm that this return and above certificates are true, correct and complete to the best of our knowledge as required by 32 V.S.A. §9606 (b), (c) and (e). Willful falsification of any statement contained herein may result in a fine of not more than $1000. SELLER(S) SIGNATURE(S) DATE BUYER(S) SIGNATUREiS) City of South Burlington DATE By: John H. Belter, Jr. CERTIFICATE PURSUANT TO 32 V.S.A. §9608 FOR VERMONT'S LAND USE AND DEVELOPMENT LAW - ACT 250 - (10 V.S.A. §6001 et seq.) This conveyance of real property and any development thereon is in compliance with or exempt from 10 V.S.A. Chapter 151 (Act 250), Vermont's Land Use and Development Law and any permits issued thereunder. If this property has ever received an Act 250 permit, please specify the permit # If exempt, specify which numbered item from the instructions applies or, on a separate sheet, explain other circumstances. I/We !the Seller(s)J hereby swear and affirm that this certificate is true and complete to the best of mylour knowledge as required by 32 V.S.A. §9608. Knowing falsification of any statement contained herein is punishable by a fine of not more than S500 or imprisonment for not more than one year. SELLER(S) SIGNATURE(S) DATE SELLER(S) SIGNATURE(S) DATE John H. Belter, Jr. PREPARERS SIGNATURE v PREPARED BY Stephen R. Crampton, Esq . II(TINT R TYP PREPARER'SADDRESS P. - OX 049, Burlington. VT 05402 TO!BE'COMPLETEErBWTOWW.OFtCffYCLER TOWNCITY ACKNOWLEDOEMENi TOWN NUMBER RETURN RECEIVED TAX PAID, BOARD OF HEALTH CERTIFICATE DATE OF RECORD RECEIVED. AT 3 1 ER LAND U$E�D,QE ELQP yj PLANS ACT CEIE RECEIVED. ED. BOOK NUMBERPAGE NO. RETURN A J1 LISTED VALUE S GRAND LIST OF 19 SIGNED - CLERK MAP AND PARCEL NOS. DATE Form PT-1 GRAVEL, SHEA & WRIGHT, LTD. CHARLES T SHEA ATTORNEYS AT LAW LA.WRENCE A. WRIGHT STEPHEN R. CRAMPTON P. O. BOX 1049 STEWART H McCONAUGHY ROBERT B HEMLEY BURLINGTON, VERMONT 05402 WILLIAM G. POST. JR. CRAIG WEATHERLY NORMAN WILLIAMS JAMES E. KNAPP April 18, 1983 OFFICES LOCATED AT. 109 SOUTH WINOOSKI AVENUE BURLINGTON, VERMONT Richard A. Spokes, Esq. Spokes, Foley & Obuchowski P. 0. Box 986 Burlington, VT 05402 C Re: Subdivision of Lots 1-8 of Ethan Allen Farm.: John H. Belter, Jr. 802 658-0220 CLARKE A. GRAVEL COUNSEL Dear Dick: OI enclose a proposed Offer of Irrevocable Dedication together with an appropriate Warranty Deed incorporated as Exhibit A. Give me a call should you have any problems. PCordially, GRAVEL, SHEA & WRIGHT, LTD. y St ephen R. Crampton SRC:wsb Enclosures cc: David Spitz (w/enclosures) John H. Belter, Jr. (w/enclosures) Steve Page M E M O R A N D U M To: South Burlington Planning Commission From: David H. Spitz, City Planner Re: Next week's agenda items Dater 5/6/83 2) College Woods This application is getting closer. Hopefully it will be even closer to completion by Tuesday's meeting. a) A traffic memo is enclosed. This project will add 6 to 7% to existing traffic. Any problems that exist or may result at either end of Patchen Road are not this applicant's responsibility. b) Two units have been combined into one duplex. Location of one different - style duplex in the midst of this project seems a bit strange to me, but overall layout has been improved so I will not recommend against the duplex. c) The rear lot has now been given legal access onto Patchen Road. Ped- estrian trail access is thereby improved. Vehicular access is still unlikely. d) The landscaping plan shows approximately one medium-sized tree per unit. The reasons for this proposal should be explained. e) Pump station location and size of water lines have been resolved. f) Six off-street parking spaces and an internal walkway have been added. g) There are still several omissions in the required legal documents. r 3 j-Belter After previously dropping from 9 to 7 industrial lots, the application is back up to 8 lots. 7 lots are in the area served by the new street, and 1 lot is still south of Ethan Allen Drive near the powerlines. The third proposed area (north of Ethan Allen Drive and abutting Airport Parkway) has been removed for now. The 7-lot area is now well laid out. All potentially usable land is shown on the plan, and each lot contains a reasonable amount of buildable area. The street with cul-de-sac, also is complete. Other than completion of water and legal reviews, I have no remaining concerns with this application. 4) Seven -Lip is for a 120 foot x 80 foot storage addition to the existing 7-up building on Berard Drive. There is a side setback problem on the western boundary which will have to be resolved. No Text it P rtment #uutl� +�urlingtnn ,� e � �tt 575 Dorset #treet #uut4 Nurlingtnn, Vermont B5401 May 3,1983 Mtc. Sidney Pogetc Cha iAman South But tington City Planning Commiz6ion 575 Douet StAeet South BuAlington, Vu mont Dearc Mtc. Pogetc, OFFICE OF JAMES W. GODDETTE, SR. CHIEF 863-6455 I have had a meeting with Mt. Steve Page on the Ethan Armen Pa)Lm z to plan. At thi6 time two (2) 6.vice hydtcantz witt be needed 6otc 6i)Le ptcotection i6 the ptco jec t ,ins apptcoved. One should be .located by .dot #1 on Ethan Wen Dxive and the 6econd one on the new 6tneet on .dot #8 ass matched on the ptan. Mtc.. Page azhed when the hydtcants would have to be i"taUed. I beet hydtcants atce needed in oun businezz so should be in when a building is staAted. I� you have any quetstionz ptease �e.e2 Atcee to catt, me. Sincetc.ee.y ?/J� ets W. Goddette Stc. Chie6 4/12/83 MOTION OF APPROVAL For the Preliminary Plat Application by John Belter for seven industrial lots as depicted on a plan entitled "A Portion of Ethan Allen Farm, Preliminary Plat," prepared by Fitzpatrick -Llewellyn Associates, stamped 3/22/83: Stipulations: 1) A permanent cul-de-sac for the proposed public street shall be indicated on the plan. 2) The layout of lot 1 shall he revised to reduce access and topography limit- ations. 3) No buildings may be constructed within the floodplain portions of lots 2,3 and 4. Other site improvements may take place on these lots in the floodplain to the east of the existing fence in conformance with the use limitations of the floodplain section of the zoning ordinance. 4) Satisfactory soil test information for all lots shall be submitted with the final plat application. 5) Plumbing for any proposed buildings shall be planned so that it can easily hook on a sewer main in the proposed street. Memorandum Next week's agenda items 4/8/83 Page 2 Because of the scope of this development and existing conditions in the area, we are not suggesting a need for sidewalks,drainage or other improvements to the public portion of Bartletts Bay Road. However, public sewer and water will be provided. I have asked the applicant for a better depiction of the existing tree line. It appears the proposed private road will cut through the edge of the wooded area. In previous hearings there was a local concern that development of this property would eliminate its character as a ponding area for upstream run-off. Some hydrological study may be appropriate. Applicants are proposing a modified building envelope to maximize solar potential. Some side yard setbacks requirements should be reduced. 5) Bartlett Multi -Family Revision John Larkin --is planning to sell the multi -family portion (120 units) of his Bartlett Property development to another developer. The new applicant is proposing a slightly wider residential unit resulting in some relatively minor layout modifications. Several buildings are being moved together, one unit will be eliminated, and at one point the applicant is requesting two 3-foot variances from the normal 50-foot perimeter requirement. Although this variance causes no significant problems, I cannot recommend such a reduction in a revision to a development that hasn't even been started. The alternatives would be moving two more buildings together or eliminating one more unit. The applicant is also requesting addition of a swimming pool. His first choice for a location is in a clearing between the two streams that constitute the conservation zone. After a site visit, I feel the location is inappropriate because it is isolated and also would require some clearing in the conservation zone for access. Another location for the pool should be presented. 6) Ethan Allen Farm The main issue in this subdivision application concerns treatment of flood - plain land. In a change from the sketch plan, the layout now includes new internal street(s) with lots backing up to the drainageway. The rear 1/3 to 1/2 of several lots is now contained within the 100-year floodplain. The zoning ordinance allows conservation zone (CO) land to be included in density cal- culations, but it does not specifically include floodplain land (FP) in the same provision. As a general policy I recommend that floodplain land may be included in density, subject to a case -by -case review. There should be assurances that each lot contains sufficient non-floodplain land for a reasonably sized building, including expansion. Also, the floodplain portion may be considered usable for parking, etc. as long as excessive fill is not required and flood -carrying capacity is maintained. Memorandum Next week's agenda items 4/8/83 Page 3 In this development, Relieve the floodplain portions of lofs 2,3, and 4 are acceptable; however, sketches of possible future lots on the west side of the drainageway look questionable. I have strong doubts about the layout of lot 1 due to excessive slope and questionable access. Also, the dog -leg layout of lot 5 is unfortunate. Other options should be explored including, possibly, negotiations with the adjacent property owner for combined development. A permanent cul-de-sac for the new road should be indicated. It might be preferable at this time to develop an additional lot or lots with access onto the cul-de-sac in place of currently proposed lot 7. 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, April 12 1983, at 7:30 P.M. to consider the following: 1) Preliminary Plat application by Homestead Design, Inc., for a 6-lot subdivision on Bartletts Bay Road. Property is bounded on the north by Irish and Farrell, on the northeast by the South Burlington sewage treatment plant, on the south by Bartletts Bay Road, and on the west by Butterfield, Shearer, Campbell, Flanders, Bruhn, Irish, and Mackay. 2) Revised Final Plat application by New England Equities for revised layout of the multi -family portion of the Bartlett Property development including a swimming pool. Property is bounded on the north by South Burlington Recreation Area and on the east, south, and west by other portions of the Bartlett Property development. 3) Preliminary Plat application by John Belter for a 7-lot industrial subdivision at Ethan Allen Farm. Property is bounded on the south by the airport and by National Guard Avenue, on the west by Shamrock Road, on the north by Ashline, Unsworth, and the Winooski River, internally by Berard, and on the east by numerous residents of Country Club Estates, 4) Final Plat Application by O'Brien Brothers Agency, Tnc- , for a 36 i,nit residential development entitled College Woods on Patchen Rnad west of T-89- Property is bounded on the north by the Winooski River and RanP RPrarHf nn top east by I-89 on the south by Patchen Road, and on the west by Romen npsanitals Copies of the applications are available for public inspection at the South Burlington City Hall. Sidney B. Poger Chairman, South Burlington Planning Commission March 26, 1983 Test Pit Logs - Belter & Berard Property 8298 Test Pit #1 elev. 244.3 OF topsoil 8"-36" sandy loam 36"-60" sandy loam w/bright orange mottles @ 36'' 60"-84" dark brown silty clay - saturated @ 60'' Perc Tests #1 4.1 min/inch #lA 2.1 min/inch #113 3.6 min/inch Test Pit #2 elev. 231.3 0-8" topsoil YOU sandy loam 24"-60" sandy loam mottled @ 24'' 60"-72" light brown med.-coarse sand 72"-90" dark brown silty clay -saturated @ 72'' Test Pit #3 elev. 222.4 0-12" topsoil 12"-84" reddish brown silty clay - mottled @ 12'' Test Pit #4 elev. 215.9 12"-36" reddish brown silty clay - mottled @ 12'' 36"-72" grey silty clay - saturated @ 36'' Test Pit #5 elev. 220.1 0-8" topsoil WAY light brown silty clay mottled @ 24'' groundwater @ 78'' Parr Toctc #5 8.3 min/inch Test Pit GA elev. 228.4 0-8" topsoil 8"-84" sandy loam 84"-102" fine sand Darr Tact, AA 3.7 rein/inch Test Pit AB elev. 229.5 0-8" topsoil 8"-72" very fine sand 72"-96" fine sand Test Pit #6 elev 225.1 0-12" topsoil 12"-90" light brown sandy loam Perc Tests #6 2.5 min/inch Test Pit MA elev. �9.7 \ 0-8" topsoil J 8"-78" sandy loam 78"-96" very fine sand 96" med.-coarse sand MA 4.8 min/inch Test Pit #6B elev. 229.6 0-8" topsoil 8"-72" very fine sand 72"-96" med.-coarse sand Test Pit #7 elev. 230.0 0-8" topsoil 8"-90" light brown sandy loans Perc Tests #7 3.0 min/inch Test Pit #8 elev. 229.8 0-8" topsoil 8"-80" light brown sandy loam 80"-90" med.-coarse sand Test Pit #9 elev. 233.0 0-8" topsoil 8"-90" light brown sandy loam 90" very fine sand Test Pit #9A elev. 233.8 0-8" topsoil 8"-72" very fine sand 72"-96" fine-med. sand Perc Tests #9A 5.0 min/inch Test Pit #10 elev. 233.1 0-8" topsoil 8"-84" light brown fine sandy loam n_.__ T__,_ #10 8.5 min/inch Test Pit #10A elev. 234.1 0-8" topsoil 8"-96" fine-med. sand #l0A 2.4 min/inch Test Pit #10B elev. 231.0 0-8" topsoil 8"-96" very fine sandy loam Test Pit #11 elev. 10 0-12" topsoil 12"-84" light brown fine sandy loam Perc Tests #11 4.2 min/inch Test Pit #11A elev. 228.3 0-8" topsoil 8"-96" very fine sand Perc Tests #11A 6.5 min/inch Test Pit #11B elev. 234.0 0-8" topsoil 8"-96" very fine sand Test Pit #12 elev. 227.6 0-8" topsoil 8"-84" light brown fine sandy loam Perc Tests #12 3.0 min/inch Test Pit #13 elev. 225.9 0-8" topsoil 8"-72" light brown sandy loam 72"-90" fine -coarse sand intermixed #13 4.5 min/inch Test Pit #13A 0-8" topsoil 8"-24" sandy loam 24"-96" very fine sand Perc Tests #13A 3.5 min/inch Test Pit #14 elev. 223.9 0-8" topsoil 8"-84" light brown sandy loam Perc Tests #14 3.9 min/inch Test Pit #14A 0-8" topsoil 8"-36" sandy loam 36"-96" fine sand n..-- 7..-s- #14A 7.5 min/inch Test Pit #15 elev. 222.4 0-8" topsoil 8"-90" light brown sandy loam w/ bright grey & orange mottling @ 72" #15 4.4 min/inch Test Pit #16 elev 219.9 0-6" topsoil 6"-72" silty clay - mottled @ 24" & groundwater @ 60" Test Pit #17 elev. 220.0 0-6" topsoil 6"-84" silty clay - mottled @ 12" & groundwater @ 78" Test Pit #18 elev. 218.7 0-6" topsoil 6"-72" silty clay - mottled @ 12" & groundwater @ 66" Test Pit #19 elev. 223.4 0-8" topsoil 8"-90" light brown sandy loam - faint mottling @ 30" Test Pit #20 elev. 226.9 0-8" topsoil 8"-84" light brown sandy loam - faint mottling @ 36" Test Pit #21 elev. 233.4 0-8" topsoil 8"-48" dark brown silty clay - mottled @ 8" 48"-84" grey clay Test Pit #22 elev. 248.8 0-8" topsoil 8"-96" dark brown silty sand loam - mottled @ 12" & groundwater @ 96" M E M O R A N D U M To: South Burlington Planning Commission From: David H. Spitz, City Planner Re: Next week's agenda items Date: 1/21/83 2) Ethan Allen Farm Application is for 9 conuercial/industrial lots, all with access onto the north side of Ethan Allen Drive. All lot sizes are the proposed minimum of 40,000 square feet (similar to those on Berard Drive). The total proposed area for development is approximately 8 to 9 acres, only a small portion of the several hundred acre farm. Lots will be served by public water and by septic systems. Ethan Allen Drive is a public street. At some point, improvements should be provided both to Ethan Allen Drive and to the intersection with Airport Parkway; and the Planning Commission must decide whether 9 lots is sufficient development to warrant any improvements now. My recommendation is that the intersection is the more critical problem and should be looked at now. However, the road is probably adequate for 9 lots (it is similar in quality to Airport Parkway) and improvements could wait until further development, if any. There are several issues relating to use of the floodplain. First, the applicant's engineer must provide detailed data at the next stage of review to show that the elevations depicting the boundary of the flood - plain zone are accurate. Second, some lots include a portion of flood - plain land within their boundaries. The zoning ordinance specifically allows CO (conservation) zone land to be included as part of density, but it does not address floodplain land. In practice, the inclusion_ of small portions of floodplain is not a problem as long as sufficient building area is available in the balance of the lot. However, I would recommend that any floodplain land that is actively used in farming not be so included. On the sketch plan, one lot (#4) may have an excessive portion of floodplain. 3) Homestead Design Proposal is for 6 lots on approximately 5.8 acres on Bartletts Bay Road. This is the area behind the sewer plant that was recently changed from R3 to R1 by the City Council on the proposed zoning map. Several issues should be addressed. A shared private drive is proposed to serve 4 of the 6 lots. Under the proposed zoning ordinance, the Planning Commission may approve up to 3 lots on a private street. Even though some roads in this area are less than current City standards, Brigham Road was recently upgraded to 30 feet with curbs. I would recommend the same here. CITY OF SOUTH BURLINGTON Subdivision Application - SKETQj PLAN 1) Name, addr4pss, and phone number of: a. Owner pf record b. Applicant C. Contact person __ ice% , .� ,--T,�-�1 , ,--. � K/ �� ~✓z� 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). 3) Applicant's legal interest in the propertyree simple, tion, etc) 4) Names of owners of record of all contiguous properties , 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. A 6) Proposed extension, relocation, or modification of municipal facilities such as sanitary sewer, water water supply, streets, storm drainage, etc. t�.- 7) Describe any previous actions taken by the Zoning Hoard of Adjustment or by the South Burlington Planning Commission which affect the proposed sub- division, and include the dates of such actions; ORE ,-- 8) Submit four oppies of a sketch plan showing the following information; 1) Name of owners of. record of contiguous properties. 2) Lk.)undaries 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 anal proposed restrictions on land, such as easements and cove- nan is . 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. tune) aftplibant or con person FITZPATRICK-LLEWELLYN INCor- RATED Engineering & Planning Sel s The Kiln - 15 Brickyard Road ESSEX JUNCTION, VERMONT 05452 1L1EUU�.) (OF unummu'u. (802) 878-3000 TO 4/}F__ -- 20�1 WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via_ ❑ Shop drawings ❑ Prints tans ❑ Copy of letter ❑ Change order ❑ DATE JOB NO. �-7 ATTENTIONI RE: following items: ❑ Samples ❑ Specifications COPIES DATE NO. DESCRIPTION THESE ARE TRAN ITTED as checked below: For approval ❑Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS to COPY TO SIGNED: PRODUCT 240-2 a i�. o�a'Li`#•�'% ] If enclosures are not as noted, kindly notify us at once. FITZPATRICK-LLEWELLYN AS )IATES Engineering & Planning Services The Kiln - Brickyard Road ESSEX JUNCTION, VERMONT 05452 Phone 878-3000 MUSKIPITUTROJEW L[EUULA o1F UMUSEOUTRL DATE JOB NO. /h n /y ATTEN T O RE: LAPS G WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order Co<QU COPIES DATE�j DESCRIPTION t`r PNO. IN THESE ARE TRANSMITTED as checked below: For approval ❑ Approved as submitted For your use ❑ Approved as noted ❑ AsArr jested El Returned for corrections ❑For review and comment ❑ ❑ FOR BIDS DUE 19 REMARKS ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO PRODUCT 240.2 ees Inc. Wton, Mm 01471. SIGNED: If enclosures are not as noted, kindly notify us at once. r FITZPATRICK-LLEWELLYN A: DIATES Engineering & Planning Services The Kiln - Brickyard Road ESSEX JUNCTION, VERMONT 05452 Phone 878-3000 TO I (� �l WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via ❑ Shop drawings ❑ Prints ❑ Copy of letter ❑ Change order ❑ Plans 0IE'VUL0 OOF'TRUSD]PTTaL i DATE / /I Z� JOB NO. ATTENTION n RE: 7 1AxV ❑ Samples COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below: For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections or review and comment ❑ _ ❑ FOR BIDS DUE 19_ REMARKS the following items: ❑ Specifications ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO PRODUCT 240-2 ees Inc., Groton, Mm 01471. SIGNED: If enclosures are not as noted, kindly notify us at once. Ethan Allen Farm - Abutter_) 1. Ray Unsworth, 1700 Spear Street, South Burlington, Vermont 05401 2. Rene J. & June A. Berard,'101 Ethan Allen Drive, South Burlington, Vermont 05401 3. S.T. Griswold, Williston, Vermont 05495 4. Martin C. & Ruth B. Schmidt, 8 Country Club Drive, South Burlington, Vermont 05401 5. Frank W. & Martha K. Lidral, 10 of If " 6. Richard J. & Lynne -Dell Dore, 12 It it " 7. Donald R. & Carolyn S. McKenzie, 14 It " " 8. Marc A. & Margaret E. Roy, 16 it " 9. Norman D. & Sheila D. Brochu, 18 10. Robert G. & Yolande J. Turmel, 24 11. John L. & Monica J. Boisvert, 26 " 12. George D. & Helena M. Brooks, 30 " if 13. Dean R. & Susan T. Weed, 34 " Ifif 14. Charles M. & Ann M. Daley, 38 it" 15. James A. & Jane E. Harrocks, 42 If" 16. Eric V. & Muriel A. Beudel, 46 it" 17. Willard B. & Elaine M. Knight, 41 Mt. View Blvd., South Burlington, Vermont 05401 18. Roger 0. & Lessie A. Campbell, 37 19. Gerry A. & Kathryn M. Guiles, 33 20. Gladys L. Heath, 29 21. Wilhelm H. & Suzanne F. Kalweit, 25 22. David W. & Deborah P. McGovern, 95 Country Club Drive East, (2515 Denny Ct., Ceres, California 95307) 23. Joseph M. & Susan E. Finnigan, 91 Country Club Drive East, South Burlington, VT. 24. Clayton E. & Dorothy C. Swartwood, 92 " " of 25. Bert W. & Joyce L. Lee, 96 " (637 General Armstrong Rd., King of Prussia, PA 19406) 26. Anton R. & Margaret A. Jaremczuk, 100 Country Club Drive East, So. Burlington, Vt. 27. John J. & Janette T. Hamilton, 104 it it 28. Russell M. & Susan L. Agne, 110 " " it 29. Dennis M. & Linda A. Johnson, 114 " " if 30. Royce W. & Anita M. Irwin, 118 " " of 31. Edmund G. & Cynthia M. Fischer, 140 " " of 32. Tommaso D. & Elizabeth A. Rendino, 148 33.. City of Burlington (Burlington International Airport) FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services FITZPATRICK-LLEWELLYN INCOM ITED Engineering & Planning Services The Klin - 15 Brickyard Road ESSEX JUNCTION, VERMONT 05452 yy (802) 8878-3000 TO i,� •V �!-� `-� ly 1� ��N�� WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via_ ❑ Shop drawings ❑ Prints tans ❑ Samples ❑ Copy of letter ❑ Change order ❑ [LEU I)Oo F UGRUSOMMUM DATE --;� _y JOB NO. ATTENTION RE: the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION j1 11 l THESE ARE TRANSMITTED as checked below: For approval ❑ Approved as submitted For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 REMARKS ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US 0r--> L iZI ( ),e3, COPY PROWCT240-2 � Ix, WW. M. 0Ia7I. SIGNED: If enclosures are not as noted, kindly notify us at once. L[Evulut, OF FITZPATRICK-LLEWELLYN INCOR"IATEa Engineering & Planning Seri The Kiln - 15 Brickyard Road ESSEX JUNCTION, VERMONT 05452 (802) 878-3000 TO /AV., PAW �XfiI . WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via DATE 7 V` JOB NO. gag ATTENTION RE: T` e following items: ❑ Shop drawings ❑ Prints El ,Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order f !L�� COPIES DATE NO. DESCRIPTION 7i7.Z�G-- Z� t L tl it li THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use Ems- s requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints 19 ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED: PRODUCT 24O-2 a Inc., Groton, mess. O1471. If enclosures are not as noted, kindly notify us at once. EITZPATRICK-LLEWELLYN INCORr'` ATED Engineering & Planning Sergi The Kiln - 15 Brickyard Road ESSEX JUNCTICN, VERMONT 05452 LIEU0_ ,) OF MUM OUMQL (802) 878-3000 TO l4�- j WE ARE SENDING YOU ❑ Attached [J Under separate cover via- 0 Shop drawings ❑ Prints FT -Flan s ❑ Copy of letter ❑ Change order [_] DATE JOB NO� ATTENTION RE: the following items: Samples ❑ Specifications COPIES DATE NO. DESCRIPTION ©' V f THESE ARE TRANSMITTED as checked below: r approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 REMARKS . a 4 0 A w L.l Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US , 1- -0 -J4- COPY TO > SIGNED: PRODUCT240-2 � Ix, G,*P, Mm, 01471. If enclosures are not as noted, kindly notify us at once. FITZPATRICK-LLEWELLYN INCOP' ATED Engineering & Planning Ser, The Kiln - 15 Brickyard Road ESSEX JUNCTION, VERMONT 05452 (802) 878-3000 TO WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via_ ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Change order C] [L[Eunr J ors umz amz uuzu DATE ATTENTION RE: ❑ Samples the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION 1 I 10e aoj�2 -7` THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ For r use ElApproved as noted s requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 REMARKS �! G2�Li2 COPY TO PRODUCT 240 2 Ees Inc., Groton, Mess. 01471. ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US EL -a• A SIGNED: If enclosures are not as noted, kindly notify us at once. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 November 14, 1995 Mr. Charles P. Smith Key Bank of Vermont P.O. Box 949 Burlington, Vermont 05402-0949 Re: Key Bank Letter of Credit #NSL 591028 and NSL 591029 Dear Charlie: ZONING ADMINISTRATOR 658-7958 Be advised that the City of South Burlington has accepted the road improvements for Commerce Avenue. We hereby authorize release of the two letters of credit issued by the Key Bank. Enclosed please find two copies of the escrow agreement, please forward a copy to John Belter, the second copy is for your records. If you have any questions, please give me a call. Veryy truly, Richard Ward, Zoning Administrative Officer RW/mcp ^ KEY BANK OF VERMONT 76 ST. PAUL STREET BURLINGTON, VERMONT 05401 PHONE: (802) 660-4483 DATE: APRIL 6, 1995 IRREVOCABLE STANDBY LETTER OF CREDIT NO. NSL591029 BENEFICIARY APPLICANT CITY OF SOUTH BURLINGTON, VT JOHN H. BELTER, JR. & JOYCE N. BELTER DORSET STREET 2 COUNTRY CLUB DRIVE SOUTH BURLINGTON, VT 05403 SOUTH BURLINGTON, VERMONT 05403 DEAR SIR(S), WE HEREBY AUTHORIZE YOU TO DRAW YOUR DRAFTS AT SIGHT ON KEY BANK OF VERMONT, BURLINGTON, VERMONT, UP TO AN AGGREGATE AMOUNT OF US$48,000.00 (FORTY-EIGHT THOUSAND AND 00/100 U.S. DOLLARS), MARKED "DRAWN UNDER KEY BANK OF VERMONT, BURLINGTON, VERMONT LETTER OF CREDIT NO. NSL591029 DATED APRIL 6, 1995". YOUR DRAFTS MUST BE ACCOMPANIED BY YOUR STATEMENT, PURPORTEDLY SIGNED BY A DULY AUTHORIZED AGENT OF THE CITY OF SOUTH BURLINGTON, INDICATING NAME AND TITLE READING: "THE CITY OF SOUTH BURLINGTON HEREBY CERTIFIES TO KEY BANK OF VERMONT THAT DEVELOPER, JOHN H. BELTER, JR. AND JOYCE N. BELTER ARE IN DEFAULT UNDER THE SUBDIVISON LETTER OF CREDIT AGREEMENT DATED APRIL 5, 1995. THE CITY HAS PROVIDED NOTICE OF DEFAULT TO DEVELOPER AND DEVELOPER HAS FAILED TO CURE. THE SUM OF $_(INSERT AMOUNT NOT TO EXCEED FACE AMOUNT OF LETTER OF CREDIT)_ IS REQUIRED TO COMPLETE DEVELOPER'S OBLIGATIONS UNDER THE SUBDIVISION LETTER OF CREDIT AGREEMENT AND THE CITY OF SOUTH BURLINGTON HEREBY SUBMITS ITS DRAFT FOR PAYMENT OF $_(INSERT AMOUNT)_". PARTIAL DRAWINGS ARE PERMITTED. . PRESENTATION OF THE ORIGINAL LETTER OF CREDIT AND ANY AMENDMENTS THERETO ARE REQUIRED FOR ANY DRAWINGS HEREUNDER. THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF OUR UNDERTAKING AND SUCH AN UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED OR AMPLIFIED BY REFERENCE TO ANY DOCUMENTS, INSTRUMENTS OR AGREEMENTS REFERRED TO HEREIN, OR IN WHICH THIS LETTER OF CREDIT IS REFERRED TO OR TO WHICH THIS LETTER OF CREDIT RELATES AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY SUCH DOCUMENTS, INSTRUMENTS OR AGREEMENTS. EXCEPT SO FAR AS OTHERWISE EXPRESSLY STATED, THIS STANDBY LETTER OF CREDIT IS SUBJECT TO THE "UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS" (1993 REVISION) INTERNATIONAL CHAMBER OF COMMERCE, PUBLICATION NO. 500, AND WHERE NOT APPLICABLE THIS LETTER OF CREDIT IS GOVERNED BY THE LAWS OF THE STATE OF VERMONT. WE HEREBY ENGAGE WITH YOU THAT ALL DRAFTS AND DOCUMENTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED BY US ON DELIVERY OF DOCUMENTS, AS SPECIFIED, IF PRESENTED TO: KEY BANK OF VERMONT, -C/O KEY BANK OF NEW YORK 66 SOUTH PEARL STREET ALBANY NEW YORK 12207-1501 � , , , � ATTENTION: INTERNATIONAL DIVISION-NY-31-66-0416, ON OR BEFORE THE EXPIRATION ,,,DATE OF APRIL 5, 1996. � CONTINUED ON PAGE 2... m PAGE 2 AND FORMING AN INTEGRAL PART OF IRREVOCABLE L/C NO. NSL591029 ALL COMMUNICATIONS WITH RESPECT TO THIS LETTER OF CREDIT SHALL BE IN WRITING AND SHALL BE ADDRESSED TO: KEY BANK OF VERMONT, C/O KEY BANK OF NEW YORK, 66 SOUTH PEARL STREET, ALBANY, NEW YORK 12207-1501 ATTENTION." INTERNATIONAL DIVISION-NY--31-66-0416, SPECIFICALLY REFERRING TO THE NUMBER OF THIS LETTER OF CREDIT. YOURS FAITHFULLY, [--.'EY BANK OF VERMONT ool KUTHORIZED VGN-ATURE' � KEY BANK OF VERMONT 76 ST. PAUL STREET BURLINGTON, VERMONT 05401 PHONE: (802) 660-4483 ******************************************************************************* DATE: APRIL 6° 1995 IRREVOCABLE STANDBY LETTER OF CREDIT NO. NSL591028 BENEFICIARY APPLICANT CITY OF SOUTH BURLINGTON, VT JOHN H. BELTER, JR. & JOYCE N. BELTER DORSET STREET 2 COUNTRY CLUB DRIVE SOUTH BURLINGTON, VT 05403 SOUTH BURLINGTON, VERMONT 05403 DEAR SIR(S), WE HEREBY AUTHORIZE YOU TO DRAW YOUR DRAFTS AT SIGHT ON KEY BANK OF VERMONT, BURLINGTON, VERMONT, UP TO AN AGGREGATE AMOUNT OF US$22,000.00 (TWENTY-TWO THOUSAND AND 00/100 U.S. DOLLARS), MARKED "DRAWN UNDER KEY BANK OF VERMONT, BURLINGTON, VERMONT LETTER OF CREDIT NO. NSL591028 DATED APRIL 6, 1995". YOUR DRAFTS MUST BE ACCOMPANIED BY YOUR STATEMENT, PURPORTEDLY SIGNED BY A DULY AUTHORIZED AGENT OF THE CITY OF SOUTH BURLINGTON, INDICATING NAME AND TITLE READING: "THE CITY OF SOUTH BURLINGTON HEREBY CERTIFIES TO KEY BANK OF VERMONT THAT DEVELOPER, JOHN H. BELTER, JR. AND JOYCE N. BELTER ARE IN DEFAULT UNDER THE SUBDIVISION LETTER OF CREDIT AGREEMENT DATED APRIL 5, 1995. THE CITY HAS PROVIDED NOTICE OF DEFAULT TO DEVELOPER AND DEVELOPER HAS FAILED TO CURE. THE SUM OF $_(INSERT AMOUNT NOT TO EXCEED FACE AMOUNT OF LETTER OF CREDIT)_ IS REQUIRED TO COMPLETE DEVELOPER'S OBLIGATIONS UNDER THE.SUBDIVISION LETTER OF CREDIT AGREEMENT AND THE CITY OF SOUTH BURLINGTON HEREBY SUBMITS ITS DRAFT FOR PAYMENT OF $_(INSERT AMOUNT)-". PARTIAL DRAWINGS ARE PERMITTED. PRESENTATION OF THE ORIGINAL LETTER OF CREDIT AND ANY AMENDMENTS THERETO ARE REQUIRED FOR ANY DRAWINGS HEREUNDER. THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF OUR UNDERTAKING AND SUCH AN UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED OR AMPLIFIED BY REFERENCE TO ANY DOCUMENTS, INSTRUMENTS OR AGREEMENTS REFERRED TO HEREIN, OR IN WHICH THIS LETTER OF CREDIT IS REFERRED TO OR TO WHICH THIS LETTER OF CREDIT RELATES AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY SUCH DOCUMENTS, INSTRUMENTS OR AGREEMENTS. EXCEPT SO FAR AS OTHERWISE EXPRESSLY STATED, THIS STANDBY LETTER OF CREDIT IS SUBJECT TO THE "UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS" (1993 REVISION) INTERNATIONAL CHAMBER OF COMMERCE, PUBLICATION NO. 500, AND WHERE NOT APPLICABLE THIS LETTER OF CREDIT IS GOVERNED BY THE LAWS OF THE STATE OF VERMONT. WE HEREBY ENGAGE WITH YOU THAT ALL DRAFTS AND DOCUMENTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED BY US ON DELIVERY OF DOCUMENTS, AS SPECIFIED, IF PRESENTED TO: KEY BANK OF VERMONT, �C/O KEY BANK OF NEW YORK, 66 SOUTH PEARL STREET, ALBANY, NEW YORK 12207-1501 � - ATTENTION: INTERNATIONAL DIVISION-NY-31-66-0416, ON OR BEFORE THE EXPIRATION �DATE OF APRIL 5, 1996. � CONTINUED ON PAGE 2... PAGE 2 AND FORMING AN INTEGRAL PART OF IRREVOCABLE L/C NO. NSL591028 ALL COMMUNICATIONS WITH RESPECT TO THIS LETTER OF CREDIT SHALL BE IN WRITING AND SHALL BE ADDRESSED TO: KEY BANK OF VERMONT, C/O KEY BANK OF NEW YORK, 66 SOUTH PEARL STREET, ALBANY, NEW YORK 12207-1501 ATTENTION: INTERNATIONAL DIVISION—NY-31-66-0416, SPECIFICALLY REFERRING TO THE NUMBER OF THIS LETTER OF CREDIT. YOURS FAITHFULLY, KEY BANK OF VERMONT S UB D= V 2 S I O N LETTER OF CRED2T AGRFFMFrrm THIS AGREEMENT, executed in triplicate between John & Joyice Bel.ter Of South Burlington VT , hereinafter referred to as "DEVELOPER", Key Bank of Vermont of Burl i nu on VT , hereinafter referred to as ""Bank", and Snl-h B i i ngton VT hereinafter referred to as "MUNICIPALITY". W I T N E S S E T H: WHEREAS, Developer has received final subdivision approval from the MUNICIPALITY'S Planning Commission for the development of a subdivision consisting of 21 lots with related improvements, in a development to be known as Ethan Allen Farms Industrial Subdivision Phase 3 as depicted On and in accordance with the specifications as set forth on Sheet 1 of 9 on the final plat plan entitled " Ethan Allen Farms Industrial Subdivision Phase 3 Lots 22--42 ", datedFebr.uary 1987REVprepared by Fitzpatrick --Llewellyn as recorded in Book 252 pages 85 of the Land Records of the City of South Burlington; WHEREAS, DEVELOPER is required by said approval, at its own expense, to complete the construction of the development site in accordance with the plan approved by the Planning Commission; and WHEREAS, the parties to this Agreement wish to establish a mechanism to secure the obligations of the DEVELOPER for the work as set forth above; and WHEREAS, the BANK executes this Agreement solely in the capacity of issuer of a Letter of Credit hereinafter specified; NOW, THEREFORE, the parties hereby covenant and agree as follows: 1. DEVELOPER will, at its own expense, complete the following construction as depicted and in accordance with the specifications set forth in said final plat and related documents: Tree plantings as per landscape plans as amended 2. The Developer shall complete the improvements set forth in Paragraph 1 no later than July 1, 1995 1 3. DEVELOPER shall replace or repair any defective or improper work or materials which may be recognized within one year after completion of the improvements set forth in Paragraph 1. For the purpose of this Agreement "completion" shall be deemed to have occurred when the MUNICIPALITY has inspected and approved the construction of all the improvements required by this Agreement and issued written notice to the DEVELOPER that the construction is complete. 4. For the guarantee of DEVELOPER's performance of all requirements hereunder set forth, DEVELOPER has caused the BANK to issue its Irrevocable Letter of Credit in favor of the MUNICIPALITY, the original of which is attached to the MUNICIPALITY's copy of this Agreement, and a copy of which is attached to the DEVELOPER's copy of this Agreement. During the term of this Agreement, DEVELOPER shall cause the attached Letter of Credit to be renewed at least thirty (30) days before the maturity date thereof. Failure of DEVELOPER to deliver evidence of such renewal to MUNICIPALITY thirty (30) days prior to the date of expiration of said Letter of Credit shall constitute a default of the terms of this Agreement. 5. Said Irrevocable Letter of Credit provides that the drafts drawn under said credit, must be accompanied by a written statement signed by a duly authorized agent of the MUNICIPALITY, that in the judgement of the MUNICIPALITY, the DEVELOPER is in default under the terms of this Agreement, and that the funds to be drawn by the draft are in payment for, or in anticipation of payment for materials, labor and services required for completion of the improvements identified in Paragraph 1. Payment of each draft will be made at sight when presented to the BANK by the MUNICIPALITY, the payment limited only by the aggregate amounts presented in relationship to the maximum amount of the Letter of Credit. If DEVELOPER shall be in default of the Agreement for seven (7) days because of its failure to provide evidence of renewal of the Letter of Credit, required in paragraph 4 above, the MUNICIPALITY shall notify DEVELOPER by certified mail of said default. DEVELOPER shall then within three (3) business days provide MUNICIPALITY with evidence of said renewal of Letter of Credit or MUNICIPALITY may notify BANK of such default and request payment under said Letter of Credit. 6. The DEVELOPER and MUNICIPALITY hereby agree that the sum Of Twenty --two thousand ($ 22, 000. oo ) shall be sufficient to secure DEVELOPER's obligations under this Agreement but shall not relieve DEVELOPER from the obligation to pay any additional costs, if actual costs exceed the above -stated cost. 7. The MUNICIPALITY will promptly submit to the DEVELOPER a copy of any draft it submits to the BANK. The consent of the DEVELOPER to payment of said draft by BANK to the MUNICIPALITY 2 8. The MUNICIPALITY shall not file with the BANK a Statement of Default until ten (10) days after notice has been sent to the DEVELOPER, by certified mail, setting forth its intention to do so. 9. All funds drawn on the BANK by the MUNICIPALITY pursuant to the Letter of Credit shall be used solely by the MUNICIPALITY for the purpose of completing construction of the improvements identified in Paragraph 1. Any work contracted for by the MUNICIPALITY pursuant hereto shall be let on a contractual basis, or on a time and material basis, or shall be performed by the MUNICIPALITY's own work force and equipment, or shall be accomplished in such other manner as in the judgement of the MUNICIPALITY shall accomplish the work more expeditiously and economically. 10. If payments are drawn on the BANK by the MUNICIPALITY pursuant to said Letter of Credit, and it shall later develop that a portion of the monies drawn are in excess of the MUNICIPALITY'S needs, any such excess amount shall be refunded by the MUNICIPALITY to the BANK, to be credited by said BANK to the DEVELOPER. 11. This Agreement and said Letter of Credit shall terminate and shall be of no force and effect upon completion of the one year warranty period as described in the above Paragraph 3. If the MUNICIPALITY has not delivered any written notice to the DEVELOPER of any defective or improper work or materials in the construction of the improvements within the twelve (12) month period, or if notice has been given and the defective work or materials have been corrected by the DEVELOPER, the MUNICIPALITY shall forthwith notify the BANK in writing that the Letter of Credit may be canceled, and shall return the original Letter of Credit to the BANK, and both the DEVELOPER and the BANK shall be released from all obligations hereunder and under said Letter of Credit. 12. Upon request of DEVELOPER, but only at the sole discretion of the MUNICIPALITY, the MUNICIPALITY may agree to reduce the amount of said Letter of Credit required hereunder if the MUNICIPALITY believes that the full amount of said Letter of Credit is no longer necessary to protect its interest, and shall notify the BANK in writing of such reduction in the amount of the Letter of Credit. 13. The BANK may not modify the Letter of Credit without first receiving written consent of the MUNICIPALITY. 14. DEVELOPER hereby agrees to indemnify and hold BANK harmless from all claims, causes of action or liability of any kind arising out of this Agreement or the issuance by BANK of this Letter of Credit, including attorney's fees, as long as BANK follows the terms and conditions outlined in said Letter of Credit. 3 15. This Agreement shall be binding on all parties hereto and their respective heirs, executors, administrators, successors and assigns. 41"9 ��Dad at Dv'I Vermont, this day of �► Y� b ted at 199L. IN ZRESENCE By: gfuly Authorized Agent (DEVELOPER) Vermont, his day of n By: L, --11V z u:-r 1. 141 /: '* Duly Authorized Agent (BANK) Dated(/at So. r�c1Q ���G �v N , Vermont, this day of 3/ t77l'j" , 199S_. IN PRESENCE • By: _.___.._.. Duly Aothorized Agent ( NICIPALITY) 4 SLJBDIVIS=ON L E T T E R O F C RED 2 T AGREEMENT THIS AGREEMENT, executed in triplicate between John & Joyce Belter , of south Burlington, VT , hereinafter referred to as "DEVELOPER", Key Bank of Vermont of Burlinaton,VT hereinafter referred to as ""Bank", and south Burl i_ngton VT hereinafter referred to as "MUNICIPALITY". W I T N E S S E T H: WHEREAS, Developer has received final subdivision approval from the MUNICIPALITY'S Planning Commission for the development of a subdivision consisting of 21 lots with related improvements, in a development to be known as " Ethan Allen Farms Industrial. Suhdiyision Phase 3 ", as depicted on and in accordance with the specifications as set forth on Sheet 1 of 9 on the final plat plan entitled " Ethan Allen Farms Industr.i_al Subdivision Phase 3 Lots 22-42 ", dated February 1987REvjrepared by Fitzpatrick -Llewellyn as recorded in Book 252 pages 85 of the Land Records of the City of South Burlington; WHEREAS, DEVELOPER is required by said approval, at its own expense, to complete the construction of the development site in accordance with the plan approved by the Planning Commission; and WHEREAS, the parties to this Agreement wish to establish a mechanism to secure the obligations of the DEVELOPER for the work as set forth above; and WHEREAS, the BANK executes this Agreement solely in the capacity of issuer of a Letter of Credit hereinafter specified; NOW, THEREFORE, the parties hereby covenant and agree as follows: 1. DEVELOPER will, at its own expense, complete the following construction. ri as .�ep.t�cted and in accordance with the specifications set forth in said final plat and related documents: Road construction and repai.r.s as per estimate from R.J. Colton dated March 23, 1995 2. The Developer shall complete the improvements set forth in Paragraph 1 no later than July 1, 1995 1 3. DEVELOPER shall replace or repair any defective or improper work or materials which may be recognized within one year after completion of the improvements set forth in Paragraph 1. For the purpose of this Agreement "completion" shall be deemed to have occurred when the MUNICIPALITY has inspected and approved the construction of all the improvements required by this Agreement and issued written notice to the DEVELOPER that the construction is complete. 4. For the guarantee of DEVELOPER's performance of all requirements hereunder set forth, DEVELOPER has caused the BANK to issue its Irrevocable Letter of Credit in favor of the MUNICIPALITY, the original of which is attached to the MUNICIPALITY's copy of this Agreement, and a copy of which is attached to the DEVELOPER's copy of this Agreement. During the term of this Agreement, DEVELOPER shall cause the attached Letter of Credit to be renewed at least thirty (30) days before the maturity date thereof. Failure of DEVELOPER to deliver evidence of such renewal to MUNICIPALITY thirty (30) days prior to the date of expiration of said Letter of Credit shall constitute a default of the terms of this Agreement. 5. Said Irrevocable Letter of Credit provides that the drafts drawn under said credit, must be accompanied by a written statement signed by a duly authorized agent of the MUNICIPALITY, that in the judgement of the MUNICIPALITY, the DEVELOPER is in default under the terms of this Agreement, and that the funds to be drawn by the draft are in payment for, or in anticipation of payment for materials, labor and services required for completion of the improvements identified in Paragraph 1. Payment of each draft will be made at sight when presented to the BANK by the MUNICIPALITY, the payment limited only by the aggregate amounts presented in relationship to the maximum amount of the Letter of Credit. If DEVELOPER shall be in default of the Agreement for seven (7) days because of its failure to provide evidence of renewal of the Letter of Credit, required in paragraph 4 above, the MUNICIPALITY shall notify DEVELOPER by certified mail of said default. DEVELOPER shall then within three (3) business days provide MUNICIPALITY with evidence of said renewal of Letter of Credit or MUNICIPALITY may notify BANK of such default and request payment under said Letter of Credit: 6. The DEVELOPER and MUNICIPALITY hereby agree that the sum Of _ For ty-eight throusand ($ 48,000.00 ) shall be sufficient to secure DEVELOPER's obligations under this Agreement but shall not relieve DEVELOPER from the obligation to pay any additional costs, if actual costs exceed the above -stated cost. 7. The MUNICIPALITY will promptly submit to the DEVELOPER a copy of any draft it submits to the BANK. The consent of the DEVELOPER to payment of said draft by BANK to the MUNICIPALITY V. 8. The MUNICIPALITY shall not file with the BANK a Statement of Default until ten (10) days after notice has been sent to the DEVELOPER, by certified mail, setting forth its intention to do so. 9. All funds drawn on the BANK by the MUNICIPALITY pursuant to the Letter of Credit shall be used solely by the MUNICIPALITY for the purpose of completing construction of the improvements identified in Paragraph 1. Any work contracted for by the MUNICIPALITY pursuant hereto shall be let on a contractual basis, or on a time and material basis, or shall be performed by ttie MUNICIPALITY's own work force and equipment, or shall be accomplished in such other manner as in the judgement of the MUNICIPALITY shall accomplish the work more expeditiously and economically. 10. If payments are drawn on the BANK by the MUNICIPALITY pursuant to said Letter of Credit, and it shall later develop that a portion of the monies drawn are in excess of the MUNICIPALITY'S needs, any such excess amount shall be refunded by the MUNICIPALITY to the BANK, to be credited by said BANK to the DEVELOPER. 11. This Agreement and said Letter of Credit shall terminate and shall be of no force and effect upon completion of the one year warranty period as described in the above Paragraph 3. If the MUNICIPALITY has not delivered any written notice to the DEVELOPER of any defective or improper work or materials in the construction of the improvements within the twelve (12) month period, or If notice has been given and the defective work or materials have been corrected by the DEVELOPER, the MUNICIPALITY shall forthwith notify the BANK in writing that the Letter of Credit may be canceled, and shall return the original Letter of Credit to the BANK, and both the DEVELOPER and the BANK shall be released from all obligations hereunder and under said Letter of Credit. 12. Upon request of DEVELOPER, but only at the sole discretion of the MUNICIPALITY, the MUNICIPALITY may agree to reduce the amount of said Letter of Credit required hereunder if the MUNICIPALITY believes that the full amount of said Letter of Credit is no longer necessary to protect its interest, and shall notify the BANK in writing of such reduction in the amount of the Letter of Credit. 13. The BANK may not modify the Letter of Credit without first receiving written consent of the MUNICIPALITY. 14. DEVELOPER hereby agrees to indemnify and hold BANK harmless from all claims, causes of action or liability of any kind arising out of this Agreement or the issuance by BANK of this Letter of Credit, including attorney's fees, as long as BANK follows the terms and conditions outlined in said Letter of Credit. 3 15. This Agreement shall be binding on all parties hereto and their respective heirs, executors, administrators, successors and assigns. Dated at kd���� , Vermont, this da of J jr19 y ME ted at 6 J v" 11 — a4� 1 9 IN�PRESFN�E OF: y Authorized Agent (DEVELOPER) Vermont, this day of By : L/ 4L 3 .-W Jr7l Duly Authorized AgentT (BANK) Dated/at SO. &QLAA,IrTN , Vermont, this day of c3 / ,4A-.C'GfL _, 199Y. PRESENCE _�aa� B Duly Autho ,iZed Agent (MUNICIPALITY) 4 E d = 760 08I 14" 121 °34'57" R = 75.00p c��;; 119 L= 99.66 I O LOT 5\.G w u� F 8 = 54004'17 �? 42583 SF R = 85.00 333.34' 0" o- L = 80.22 _ - 0 121034 57" o ' 0= G .6 = 21 ° 34 57 R = 170.00� o LOT 4 01 g.0 L = 64 .04 MIN 40000 SF � o . I \�` ��P W rn _ 333.34'0� CP "=_ 121034 57 o ^� 0 0 N/F _ to LOT 8 49.50 BELTER co M; °' 40000 SF R.O.W. LOT 3 �? 41510 SF N I s � _ 335 .00' _ 67.0? 00 1210 34' 5 7" ° 00 1 2 °�e'oo ��.02� 7 0�1 p�, �� ice/ as o0Tyq \ L 0 T 2 6° O �, 0 0- p 4 �e 51416 SF 10 F l Fi0 0 cr e 41�/�/ 49.50' - 1 \� 0 0 • 00 i ►� LOT ! VF �4�4488, 108°44'00" 9g.9020, �00 55894 SF _ 3 58 JO„ 65.18' 1010 �2 - o 127037'10 � p�0 A° w N/F O BELTER ow �- 211.00, o _50, 117 ° 06' 01'� F e 4 p FN MT p�R 1S 'S'O\ _ CO,Qp FS 4 N/F BERI r' ->I:R� cclaL � n, y�jLld-aS 3' Vd 41 1 WkTET— /A4j Cork Cob /--Z/ wo /-z,, XT Z/A kA (-Ir-" k I XF -TAF(��Wrl G-2L Wt (�NE ---------- WARNED PUBLIC or an ARING: Final plat appl ustrial subdivision at ) -:4 10 1 F? 12 tion by John Belter en rarm Mr. Page explained that a number of improvements and modifi- cations have been made. Lot l is by itself at the inter- section of Shamrock Road and Ethan Allen Drive. Additional topographic work has been done. The limits of the 100 year flood plain have been extended. The fence line has been shown. Lot 1 has been narrowed a bit to put 20 feet between the flood plain limit and the back of the lot. Mr. Spitz noted that although buildings cannot be on the flood plain, they can use the area back to the existing fence for parking, etc. Mr. Page noted that they would prefer to have access to lots 2 and 8 directly from Ethan Allen Drive. Regarding a right of way, Mr. Spitz noted that although 60 feet would be required for a public street, that is not the case here, and 40 feet would be sufficient with 20 feet in the lot and 20 feet in the flood plain. Mr. Mona expressed concern far.-,. a clear designation of the right of way involved. Mr. Belter said it was his thought that if the road ever needed to be built someday there was no reason 20, 30 or 50 feet of it couldn't be out in the flood plain. Mr. Mona said they didn't want to put the road out there; rather add 10 feet either side of the already designated 20 feet. Mr. Page agreed to add a 10 foot right of way for future development on the easterly line of lot 1 to serve the rear land. Regarding entrances to the lots, Mr. Spits suggested two options. If there is concern with those entrances there would have to be a stipulation that entrances come only into the main road, in which case 2 lots would have to be dropped off. If there is no:concern, no stipulation is needed. Mr. Pager said there is still concern with Ethan Allen Drive coming into the already dangerous intersection. Mr. Page said that in his last conversatinn with Mr. Szymanski, Mr. Szymanski indicated that the City plans to install a flashing caution signal at the intersection.. Mr. Mona asked whether anyone has estim- ated what the cost would be to improve the intersection. Mr. Spitz replied that for this scale of development, the cost would be too great. Mr. Mona then asked whether the Commission has any money to spend on its own survey of what can be done and how much it would cost. Mr. Spitz said it should be done but he is willing to let it go by on this development. Mr. Poger said it would be wise to look at the ideal layout for the property in the new budget year. Mr. Jacob suggested it could be part of the plan of the next developer. Ms. Maher then moved that the Final Plat Application by John Belter for an 8 lot industrial subdivision on Ethan Allen Drive as depicted on a survey a and 3 page site plan entitled " Portion of Ethan Allen arm" repared hX Fitz a ric - ewe Associates, dated Aprile accepted with e following stipulations: 1) A bU-i-oot wide right-ot--way at the e the cul-de-sac ext n ing easerto the erar propert shall e submitted; igned legalocumen s, as approved by the 6. Citv Attorney shall be submitted prior to recording of the final plat; 3 Revised plans and details for curbs and road base shall be submitted to and approved by the City Engineer; Water de artment ap royal must be obtained before recording of the finalplat; The nedd for improvements to Ethan Allen Drive and its intersection with Airport Parkwav shall be re- considered at the time of any further subdivision of this property; No buildings may be constructed within theflood- plain portions of lots 2 through 6. Other site improvements may _take place on these lots in the floodphin to the east of the existi fence in conformance with the use limitations of e fioodplain section of the zoning ordinance; Plumbin or any proposedbuildings shall be planned so that it can easil ook onto a sewer main ih the ro osed street; 8 Designation shall be shown on lot 1 for a 10 foot right-of-way for future development to serve the land in the rear of lot 1; 9 The revised final plat. containing any required changes from stip- ulations 1 and 8 shall be approved by the City Planner and shall be recorded within 90 days. Mr. Jacob seconded the motion with unanimous approval. Several residents of Shamrock Road expressed their concern about the added traffic at an already dangerous intersection. Mrs. Bruner asked whether there would be any access to Shamrock Road and Mr. Poger said there would not. Site plan application by Peter Bove Jr. for a storage addition o the -Up building at 14 Berard Drive Mr. Spitz informed the members that the lot information is incorrect and that they have gone over their property line on the west side. Mr. Bove's father owns the property and they plan to adjust the property line. Mr. Mona asked what is on the adjacent property and Mr. Bove indicated it is an empty lot. Mr. Poger said it would be possible to approve the plan as drawn and allow the City Planner to approve the subdivision. Mr. Spitz said the applicants should explain why they need the additional curb cuts. Mr. Bove replied that the additional cuts allow trucks to leave independently without waiting for other trucks to move. It allows flexibility and keeps trailers off the road and backed up to the docks. Ms. Maher moved that the South Burlington Planning Commission rant approval for the site lan application bX Peter BoveJr., or a building addition at 14 Berard Drive as e is e on a an entitled 119600 SF Addition to -Up Building" prepared b au E. ams anz last revised May su ect to e oi- lowing stipulations: 1 This approval is granted on the assump- tion that there are no problems regarding the adjoining ro er rights. The Plannina Commission grants the City Planner er- mission to give finalsubdivision a rova or is ro osa ; lan sca in bond of 00 sR-a7l be submitted prior to issuance of a -building permit. Additional landscaping shall e shown on the plan to add up to the require amount; 4. PLANNING COMMISSION APRIL 12, 1983 4. A 60 foot wide right-of-way, centered on the private drive, shall be granted to the City for potential access to adjacent properties to the north. 5. Proposed public sewer and water lines shall be located within the $4rtletts Bay Road right-of-way and within the proposed 60 foot wide right-of-way. Locations within the rights-6f-way shall be as required by the City Manager. 6. Approval of the sixth lot is contingent on obtaining additional land to equal a total area of at least 6 acres. 7. Building envelopes shall be indicated on the final plat and shall contain the following modification of normal setback requirements: Side yard setbacks on lots 2, 3 and 4 shall be decreased to 10' on the north side and increased to 40' on the south side 8. Required legal documents - including utility easements, right-of-way extension, and private road and waiver agreement - shall be submitted to the City Attorney at the time of final plat application. 9. Sewer allocation for this project is 2100 gallons per day. Mr. Jacob seconded the motion and it passed unanimously. Preliminary plat application by John Belter for a 7 lot industrial subdivision at Ethan Allen Farm Mr. Belter removed himself from the discussion due to a possible conflict of interest. Mr. Spitz showed the area on some slides. Mr. Page represented Mr. Belter. He said they had dropped the number of lots from 9 to 7 and had changed their location, concentrating on the western portion of the developable area. Lots 1 and 7 will have access to Ethan Allen Drive. Lots 2, 3 and 4 will front on a new city street. These lots will have their rear portions in the floodplain zone. Without using the land in that zone, the lots will be able to support 6,000 sq. ft. buildings, parking and meet setback requirements. Access to lot 5 will be from the cul-de-sac, shown as temporary on the plan. Eventually there will be a permanent one. Mr. Page noted that the intersection of Shamrock Road and Airport Parkway was not good. Flashing lights will be installed this spring, but no solution to the overall problem has been found. Traffic from this development is estimated to be 120-240 trips per day. Mr. Poger noted that if additional lots were created later and it required a change in the road, the developer could be required to make those changes. Mr. Fischer felt that intersection was dangerous now and that this traffic would add to the problem. He did not feel this kind of development would have a good impact on the homes in Country Club Estates. Mr. Spitz noted that there was a residential buffer area. Mr. Page noted that the nearest home in that area to a lot being proposed here was about 2000' away. Mr. Spitz felt the permanent cul-de-sac should be shown on the plan, and he wanted to know what would eventually be done with the rest of the land. Mr. Woolery asked that the floodplain lines be extended on the map. Mr. Spitz wondered how much land the city should allow to be in the floodplain and still have a usable lot. Mr. Poger felt the 50% shown on this plan might be the limit. Mr. Spitz noted that the question might make it hard for some uses to expand on these lots. 5. PLANNING COMMISSION APRIL 12, 1983 Mr. Spitz asked about turning lots on the western portion of the land 90°, but Mr. Page said the entrance road to those lots would then have to climb a steep slope. Eliminating lot 1 and having lots 2 and 6 access Ethan Allen Drive was mentioned. That road goes only to the farm now, and it is not likely it will ever become a through road. Mr. Woolery said that if lots 2 and 6 were given access to Ethan Allen Drive, he would like to see them later come off the city street to be built. If that cannot be done, he was not sure he wanted to see them have access to Ethan Allen. He left at this time. Mr. Spitz said he would like to see the top of the bank drawn on the plan. Mrs. Maher moved to continue this item to the next regularly scheduled meeting and Mr. Jacob seconded the motion. It failed with Mrs. Hurd and Messrs. Poger and Mona voting no. Mr. Page said they would remove lot 1 and show the information requested tonight on the final plat drawing. Mrs. Hurd moved that the South Burlington Planning Commission approve the preliminary plat application by John Belter for seven industrial lots as depicted on a plan entitled "A Portion of Ethan Allen Farm Preliminary Plat," prepared by Fitzpatrick -Llewellyn Associates stam ed 3/22/83, subject to the following stipulations: 1. A permanent cul-de-sac for the proposed public street shall be indicated_ on the plan. 2. Lot 1 shall be eliminated from the plan. 3. No buildings may be constructed within the floodplain portions of lots 2, 3 and 4. Other site improvements may take place on these lots in the floodplain to the east of the existing fence in conformance with the use limitations of the floodplain section of the zoning ordinance. 4. Satisfactory soil test information for all lots shall be submitted with the final plat application. 5. Plumbing fQr any proposed buildings shall be planned so that it can easily hook on a sewer main in the proposed street. Mr. Mona seconded the motion and all voted for it. The meeting was adjourned at 10:40 pm. Clerk IRREVOCABLE OFFER OF DEDICATION AGREEMENT by and between JOHN H. BELTER, JR., hereinafter referred to as "the Owner" and the CITY OF SOUTH BURLINGTON, hereinafter referred to as "the Municipality". W I T N E S S E T H WHEREAS, the Municipality's Planning Commission has approved a final subdivision plat entitled "A Portion of Ethan Allen Farm, Ethan Allen Drive, South Burlington, Vermont: Final Plat Lots 1-8", dated April 1983, and prepared by Fitzpatrick -Llewellyn Associates; and WHEREAS, the final approval of the Planning Commission contains a condition that the street and turnaround be conveyed by Owner to the Municipality by means of an Irrevocable Offer of Dedication; and WHEREAS, the above described lands and/or interest therein are to be dedicated to the Municipality free and clear of all encumbrances, pursuant to said final approval and final plat; and WHEREAS, the Owner has delivered to the Municipality appropriate deeds of conveyance for the above -described lands and/or interest therein. NOW, THEREFORE, in consideration of the final approval of the Municipality's Planning Commission and for other good and valuable consideration, it is covenanted and agreed as follows: 1. The Owner herewith delivers to the Municipality a deed of conveyance, an unexecuted copy of which is attached as Exhibit A, said delivery constituting a formal offer of dedica- tion to the Municipality to be held by the Municipality until the acceptance or rejection of such offer of dedication by the legislative body of the Municipality. 2. The Owner agrees that said formal offer of dedication is irrevocable and can be accepted by the Municipality at any time. 3. This irrevocable offer of dedication shall run with the land and shall be binding upon all assigns, grantees, successors and/or heirs of the Owner. Dated this day of 1983. In Presence Of: "Owner" John H. Belter, Jr. "Municipality" CITY OF SOUTH BURLINGTON By: Its Duly Authorize Agent STATE OF VERMONT COUNTY, SS. At , in said County, this day of , 1983, personally appeared JOHN H. BELTER, JR., and he -2- acknowledged the within instrument, by him signed, to be his free act and deed. Before me, Notary Public STATE OF VERMONT CHITTE14DEN COUNTY, SS. At South Burlington, in said County, this day of , 1983, personally appeared , Duly Authorized Agent of the CITY OF SOUTH BURLINGTON, and he acknowledged the within instrument, by him signed, to be his free act and deed and the free act and deed of the CITY OF SOUTH BURLINGTON. [PS24K] Before me, Notary Public -3-