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Home My WebLink AboutBATCH - Supplemental - 0000 Oak Creek DriveFITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive 0 Williston • Vermont • 05495 • (802) 878-3000 24 June 1988 Mr. Joseph Weith City Planner 575 Dorset Street South Burlington, VT 05403 RE: Oak Creek Village FILE: 87062 Dear Mr. Weith, Enclosed is an updated site plan for Oak Creek Village. The caliper size of the street trees have been changed from 3 1 /2" - 4" to 2 1 /2" - 3" . This revision was approved by Jane Lafleur and Dick Ward on June 23, 1988. If you have any questions or comments, please ftel free to contact us. Sincerely, FITZPATRICK-LLEWEL .Barbara J. cc Dick Ward Mery Brown TED Design* Inspection • Studies • Permitting • Surveying TO: FROM: RE: DATE: I MEMORANDUM South Burlington City Council Jane B. Lafleur, City Planner LDB Development, Oak Creek Village (Vermont Structural Steel Property -Hinesburg Road) August 21, 1987 The Planning Commission recently approved the revised final plat for the above project. The City Council also reviewed this project during a joint preliminary plat hearing with the Planning Commission. The City Council must now give its final review and approval. Since preliminary plat, the applicant revised the plans to conform with the proposed park boundary. These plans were given final approval by the Planning Commission. During the Act 250 review, the District Environmental Commission felt that the backs of the homes along Hinesburg Road had a negative impact on the aesthetic qualities of the development. In respohse to this concern the developer chose to increase the future City -owned green area along Hinesburg Road from 100 to 200 feet. In addi- tion'the number of lots decreased from 115 to 113. The amount of open space within the residential district remains at approxi- mately 21 acres. Some street configurations have changed. Moss Glen Lane is connected to Mill Pond Road. Moss Glen Lane was a cul de sac on the previous plan. Two other streets (West Branch Drive and Marcy Street) have changed. The boundary of the City owned parkland that will be contiguous to the larger park has not changed. The following motion of approval is offered for your consideration: 1 MOTION OF APPROVAL I move that the South Burlington City Council approve the Revised Final Plat of LDB In for the subdivision of a 100+ acre parcel into a 28.1 acre parcel of land zoned Industrial - Agricultural, 113 single-family lots and approximately 21 acres of open space to be dedicated to the City as .depicted on a 20 page set of plans entitled "LDB Development, Overall Site Plan, Index of Sheets" prepared by FitzPatrick-Llewellyn Inc., dates. Septembers 1986, last revised The The Council hereby finl3 that the project: a. Will not result in undue water or air pollution. In making this determination the Council has considered (1) the availability and capacity of municipal sewer facilities ox. th a re f s,P is n s a i t wa t d' pos�ail a equate y, (2) the elevation of land above sea level and in relation to the flood plains, (3) protection of ground and surface waters, and (4) all applicable regulations of the health department and other State agencies. b. Does have sufficient water available for the reasonably needs of the development. C. Will not cause unreasonable soil erosion or reduction in the capacity of the land to hold water so that a dangerous or unhealthy condition may result. d. Will not cause unreasonable highway congestion or unsafe conditions with respect to use of the highways, existing or proposed. e. Will not cause an unreasonable burden on the ability of the City to provide educational services and facilities.LQuIbA Mcl & f. Will not cause an unreasonable burden on the ability of the City to provide municipal or governmental services and facilities. g. Will not have an undue adverse effect on the scenic or natural beauty of the area, is aesthetically compatible with existing buildings and site characteristics,, and wi>> erect h. Will provide housing types, costs., and characteristics appropriate to the housing needs of various social and economic groups. i. Will pro e efficient layout and high -quality installation, const ction, and maintenance of streets and public f; ities and will conform with the City's utilities plan. j. Will provide efficient layout and high -quality installation, construction. and maintenance of streets and public facilities and will conform with the City's utilities plan. k. Will provide for cooperation and adjoining properties in the extension of roadways, drainage facilities, and utility lines. 1. Will maximize potential for energy conservation and solar energy use via appropriate site layout and use of building materials. M. Will conform with the City's comprehensive plan. cc: Mery Brown Lance Llewellyn Enclosure: Minutes of September 16, 1987 Minutes of September 23, 1987 3 Memorandum - Planning July 24, 1987 Page 4 Craig Leiner reviewed the study and had no problems with it. Landscaping: A landscaping plan was submitted, estimated at $26,000 by 4 Seasons (see letter). White Pines shall be replaced with a different, disease resistant evergreen for the evergreen screen and street trees. A $ bond shall be posted prior to permit. Other: See Bill's comments. Chief Goddette's approval is required prior to permit. The street shall be a public, City standard street. 8) OAK CREEK VILLAGE LDB DEVELOPMENT, MERV BROWN, 1175 HINESBURG ROAD, FINAL PLAT The applicant has made some changes to the street and lot lay out. The green space between the development and Hinesburg Road has been enlarged from 100 feet to 200 feet as per the request of Act 250. The number of lots has been decreased from 115 to 112. "Moss Glen Lane" has been connected with "Mill Pond Road" Moss Glen had ended in a cul-de-sac on the previous plan. Street alignment of "West Branch Drive" and "Marcy Street" has changed; in both cases the roads have straightened. The amount of open space increased from 18.6 acres to 21 acres. A full set of revised final plat of drawings has not been submitted but will be needed prior to permit. Street names are acceptable to the City Planner and the Zoning Administrator. A sewer allocation of 51,750 gpd must be made and a $2.50/gallon fee must be paid. No construction shall begin prior to availability of capacity. The applicant must sign a agreement with the City to sell 28 acres to the City for future park land prior to permit. 4 Memorandum - City Manager July 24, 1987 Page 3 supervise the project and certify to its construction prior to any construction. 7. A utility plan showing all underground utility also street lighting shall be submitted to the City for review and approval prior to any construction work. 8. The sidewalk should extend to the turnaround. It stops about 200 feet short. 9. Water supply for fire protection may not be adequate for the density proposed.' This should be checked by the engineer. 10. Force main of Sta. 8 and 30 is to close to drop inlet. It may freeze. It should be insulated or relocated. 11. Sewage pumping station shall be privately maintained. 12. The turnaround should have a right of way (60') to adjacent property to allow for future street extension and looping in services. 13. City Water Department shall review water system plans. 14. Development should include recreation facilities such as pool or tennis courts or both. 15. A gravel walkway should be provided to J.C. Park for development residents. 16. A City standard street name sign and stop sign shall be installed at intersection of Patchen Road. L.D.B. DEVELOPMENT, HINESBURG ROAD 1. The layout plan revised 6/24/87 is acceptable. construction plans will be reviewed at a later date. Revised 3 5) D.B.I. INDUSTRIES, 80 ALLEN ROAD D.B.I. Industries proposes to subdivide the 4.6 acre parcel at 80 Allen Road into two lots. The 1.711 acre lot has an existing 0t i'.iee bui.ldirig and shops; The 2.550 acre 1.ot, i.s vacant.. The property is zoned Commercial -Two. See B.i]1. Szymanski's comments on this plan. 6) LUB,--INC._t_ 1175 Hinesburg Road Mery Brown's final plat shows the 115 lot residential subdivision on the 71.8 acres of residential land. This portion also includes 21.4 acres of open space. The 28 acre subdivided industrial lot will be sold to the City provided a TDR is worked out through the Department of Agriculture and Act 250. The only outstanding issues are traffic, landscaping and utilities. See Bill Szymanski's comments regarding utilities. Traffic: Enclosed are two traffic studies from Roger Dickinson regarding the impact of this development on Hinesburg Road and on the Hinesburg Road/Kennedy Drive intersection. A deceleration lane in front of the project is warranted and shown on the plans. Based on the results of the intersection capacity analysis, the Route 11.6 congestion will not be significantly affected. It will remain at level A. Left turns from the project will experience level. of service D. At the Hinesburg Road/Kennedy Drive intersection, a number of geometric and signal improvements are needed to improve the capacity of the intersection for the 1987 design ,year. The most: serious problems are in the a.m. peak when the northbound left turn/through lane will operate at LOS F. P.M. conditions are acceptable in all lanes. To correct this, Roger recommends adding a third lane on the north bound approach so there can be an exclusive left, turn lane. A second option involves replacirn.a the signal controller with time of day cycle capabilities. For the 1992 design ,year, new right, turn lanes and new signals wi l.]. bring ing all lanes to level of service C. Roger has not. broken out the impact of this development on the .level of service of the intersection. At the very least, this developer should contribute to the improvements needed at the intersection. Craig Leiner's comments will be avail -able a•t the meeting. Landscaping: The plans show large street trees (red oak or norway maple) planted at 60 foot intervals. Two trees per lot are also shown. A landscaping bond must be posted prior to permit;. The bond may be phased with the development: phasing. Other: See Bill Szymanski's and Chief Goddette's continents. A phasing plan and street names should be discussed. 2 a� r J TO: South Burlington Planning Commission FROM: William J. Szymanski., City Manager RE: October 28, 1986 Agenda DATE: October 24, 1986 3) 'TOWN & COUNTRY FURNITURE,_ SHELBURNE ROAD 1. The drainage swale is .located ,just north of this project and the expansion will not interfere with it. 4) INTERPRETIVE DATA SYSTEMS, SHELBURNE ROAD 1. Plan has been modified to provide for the extension of Holmes Road and is acceptable. 2. Any sidewalk construction shall be continuous across driveways with a 8 inch thickness. 3. Abandoned service road and driveway shall be removed and the area top soiled and seeded. 4. Curbing shall be installed at abandoned Shelburne Road access. 5. Existing sidewalk along Shelburne Road should be extended northerly to proposed Holmes Road. However, since this area will be reconstructed, the cost should be placed in escrow for instal- lation in the future. 5) D.B.I. INDUSTRIES, ALLEN ROAD 1. This site is not served by the: municipal sewage collection systems. The system ends at the Pepsi entrance. 6 � . L.D.B. DEVELOPMENT, H 1 N.1:SBURG ROAD 1. Street corner of corner lots shall have a radius corner concentric with the curb radius. The overall site plan shows this but not the detail plans. Example, lot 92. 2. Utility easement shall be centered over pipes. Some show very little room on one side. 3. Water mains shall be at least 5 feet from any lot lint: or 1 ,*easement. given. ,WI 4. Underground power shall be placed back of the sidewalk (lot. side) with telephone and T.V. The gas main shall he in t.he� grass strip between curb and sidewalk. 5. A.l 1 utility plans shall be submitted to the City for approval prior to installation or at, the very latest prior to issuing any building permits. 'Phis also includes street I.i.ghti.ng. 6. Water Department shall review and approve water system plans. 7. Road typical section on page 13, delete note 117 reference Aet/° 4a decreasing the 1.8 inches of gravel base. 1)\4 f-aQ Q„�pGt,Q.�c5K�V C46 8. Precast concrete inlets and catch basins can be manufactured to exact. dimension therefore there is no need for up to 5 courses of bricks. Road salt deteriorates bricks and mortar. The maximum course of bricks should be two courses. 7) FARRELL PROPERTY, CONDOMINIUM DEVELOPMENT, HOLIMES ROAD EXTENDED EASTERLY I. Proposed Holmes Road extension is plotted on sketch plan dated September 23, 1986. The project should be planned around this location. I would recommend there be one road opening to the site. This opening should be opposite the planned Green Mountain Drive intersection. 2. Site shall include storm water runoff control. 8) CAR WASH, SIiI:LBURNE ROAD 1. Proposed Holmes Road extension is not located as shown. It. is partly located on the property to the south. That property is also infor site plan review. Both must work together to locate it where planned. 2. A single access drive should be considered. This wouldai.ve exiting cars a greater length of travel before entering a public street allowing more time to drip and avoiding iceing on the street which is a problem the City has with other car .-ashes. italso gets the drive away from a intersection that. will be busy in the future. 9) CITY HALL ADDITION (WATER DEPARTMENT) DORSE,r 1. I have worked with the Water Board and architect on this project and I approve this layout.. 2 C PAGE: #2 #4 LDB Developiment Hinesburg Road Plan reviewed and at this time I do not have a problem with this project. Spruce Ridge Development Patchen road Mr. Robert Blanchard Plans reviewed by this department and there is no way with this design can the fire department give proper protection to this project. Coverage: The building covers 24% of the property. The total coverage is 69.4%. Landscaping_ A complete landscaping plan is required at preliminary plat. Large trees should be planted along Williston and Hinesburg Roads. See Bill Szymanski's comments regarding the large existing trees. Traffic: A traffic study that analyzes the pre and post develop- ment conditions must be submitted to the Planning office and the Regional Planning Commission at least two weeks prior to the Preliminary Plat hearing. It must analyze the level of service at Hinesburg and Williston Road, as well as at the Williston Road/Midas Muffler Road intersection. Other: See Bill Szymanski's comments. 8) SHEA, 23 BREWER PARKWAY Mr. & Mrs. Shea propose to subdivide a 54,000 square foot parcel with an existing house into two 27,000 square foot.parcels. Each lot will have 27,000 square feet. Property set backs are maintained to the existing building. There are no major problems with this subdivision. See Bill Szymanski's comments. 9)''. LDB, Inc., (Vermont Structural Steel), 1175 Hinesburg Road Attorney Richard Spokes has given the following opinion on this subdivision: a) It does not have to be rewarned as a new preliminary plat hearing since the change in the number of lots is small in relation to the entire plan and there will be at least one more warned public hearing at the final plat stage. b) If the Commission chooses, the 7-10 acres of agricul- tural soils can be developed at a future date even though the 50 acre minimum is not met, provided the Commission stipulates that such a subdivision is an amendment to this subdivision and for a maximum of X lots. The developer has redesigned the subdivision to meet the condi- tions expressed by the Commission and the Council. The plans now show 115 single-family lots. The old "Street E" cul de sac abutting the Economou property to the west has been deleted. This open space will be part of the park. The r.o.w. to Economou has also been deleted since it leads to the park and presumably will not be needed as a future street connection. r n r The total open space is as follows: 3.2 acres along Hinesburg Road 4.6 acres surrounding the drainageway next to Butler Farms 10.0 acres in the north west portion surrounding drainageway 2.8 acres dedicated to the City, restricted for agricultural purposes (the flat field) Of these 20.6 acres, four acres (1750 x 100') are the CO Zone abutting the drainageway. Therefore, 16.6 acres (23%) are offered as open space above and beyond the drainageway. These changes appear to meet the open space and density conditions for this development as expressed at the last meeting. The plan now shows 115 single-family lots. Lots #101-115 are in the 7.2 acres prime-Ag soils area. The plans note that "this development is contingent on a successful implementation of a transfer of development rights (TDR) for the 7.2 +/acres used by lots 101-115." I assume this condition will be addressed by the City Council in negotiating for the 28.2 acres of Industrial and for the park. See Bill Szymanski's comments. 5 4. (�DB Inc, 1175 Hinesburg Road (Vermont Structural Steel) This meeting has been warned as a joint session of the Planning commission and the City Council although it is a continuation of the Planning Commission meeting we began several weeks ago. For the benefit of the City Council, I am enclosing my memo and the minutes from the earlier Planning Commission meeting. One outstanding issue is the proposed park boundary. Peter Owens will be available to discuss this. Also the drainage plan and modifications to the drainage way should be discussed. Craig Heindel from Wagner, Heindel and Noyse will be present at the meeting to present his evaluation of the plan. Bill Szymanski's comments will be available at the meeting. I will have a motion of approval available at the meeting for both boards to consider. 5. IRISH, 200 Allen Road Mr. and Mrs. Irish propose to subdivide a 1.15 acre parcel from the 68.43 acre farm located north and south of Allen Road. The new lot will be just south of the water tower in the northeast corner of the farm. Access is shown through an extension to Harbor View Road. The existing road terminates at a non -city standard cul de sac. Mr. Irish proposes to extend a 50 foot right -of way for a private drive from this cul de sac. It should be a 60 foot right -of way with an adequate turn around. An foot unpaved right-of-way also serves the water tower from Allen Road. See Bill Szymanski's comments. The Commission should discuss the remaining land in the northeast corner of the farm and whether this area should be subdivided at this time since the extension of the road creates a new lot. 2 M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: September 16, 1986 agenda items Date: September 12, 1986 4CLDB, INC., (MERV BROWN) 1175 HINESBURG ROAD Comments will be available Tuesday. 5) IRISH SUBDIVISION, ALLEN ROAD (HARBOR RIDGE EXTENSION) 1. Street rights of way should be 60' in width. 2. Extended street shall be a City street constructed to City standards. A turnaround shall be constructed beyond the southerly lot. 3. The triangular piece of land along the frontage of C.W.D. land should be deeded to the District. 6) A & G INVESTMENTS (GERRY MILOT AND ALAN BARTLETT) 900 DORSET STREET No comments. 7) S.B. COLLINS, INC., SHELBURNE ROAD 1. There should be a sidewalk along Shelburne Road tieing into Burger King and the walkway to K-Mart. It shall be continuous across driveways. Sidewalk thickness at drives shall be 8 inches. 2. The walkway to K-Mart should be shown on the plan. 3. Proposed curbs shall be concrete. 4. The filling that has taken place has caused a drainage problem on to the K-Mart property. This must be taken care of before regrading the area. New plans should be submitted showing method to control drainage. 5. The Water Department shall confirm the location of the water main shown on the plan. 6. New storm drain pipes shall intercept existing at inlets or manholes installed. Not with ties. 1 M E M O R A N D U M A*ylll To: South Burlington City Council From: Jane B. Lafleur, City Planner + Re: Vermont Structural Steel - Joint Meeting Date: September 12, 1986 As the Council and the Planning Commission requested, I have arranged a joint meeting to discuss the Vermont Structural Steel plan. Enclosed are the agenda and my memo to the Planning Commission. Bill Szymanski's comments will be available at the meeting. Also enclosed are past minutes and memos to bring you up to date. I will have a motion available for both bodies to consider at this meeting on Tuesday, September 16, 1986 at 7:30 P.M. 1 �l M FMO-J IiL 8/8/8f; (C)Z,11�.I?V IHIZO1dN, 1 75 IIINES13UR.G HOAU l'h:is preliminary plat shows a 119 lot a 28 acre industrial lot., a .Lot. for acres of open space to be dedicated t inary plat requires joint approval by Council. single-family suhdivision, future devel opmc rit. and 1 ) o the City. This pre..lim- the Commission and the C i t Streets: : the ent, i. re ros i dent-. i al development -is served by a pubic street network thatconnects t.o the Butler Farms develop- ment. Connections are also .left, to the Economou propF�rl-Y to t.hf, best. Street names must:he submitted to the Planning Depart.mont for approval prior to final plat, submission. A sidewalk is shot n on one side of the streets. Street. trees, preferable of 4 - 4 1/2 inch caliper are also required. Density: The plans show 119 single-family lots. `l'he maximum density on this 71.8 acre residential parcel is 144 units. 1_,ot #120 is left open for future development; it will be stahmitt.ed for subdivision when a transfer of development. ri_hts (T.D.R.) arrangement is worked out. until. that time, it is l.ft, open to meet the Act: 250 agricultural criteria 9B. The minimum lot size is 13,000 square feet. Chen S�ce: In a.ddi tion t-.o the 10 acres of rc�sident.ia I I rind and 15 =acres of industrial. land reserved for the agricultural set - aside, the plans show a strip 100 feet deep (approNimately 3 + acres) parallel to Hinesburg Road. As directed by the Planning C;ommissi-on, no lots are pincod in the drainage way. 'These two areas are left. open. This open spacf= and some of the .lots surrounding it are part of thc proposed CitN Park. The appropriateness of approving these lots in light of the park should be reviewed at. the site visit. TIT city is negotiat. ing with Mr. Brown for the purchase of the 28 :icre indus- trial parcel . An access easement, is reserved t o the I ricltist ri a I land if' no agreement is reached so t.hi s Land is not 1 and 1 oe ke>d . Other : See Bill Szymanski ' s and Chief • Godde l te' s c c,mmcn t,s . / 1 NIFMU-J lSi. 8/8/8fi fC)M IERV BROWN, 1 75 HINESHU12G ROAD This preliminary plat, shows a 119 lot; a 28 acre industrial_ lot., a lot for acres of open space to be dedicated t inary plat requires joint, approval by Council. single-family suhdivi.sion, future dove I opmc>nt. and 11 o the City. This prelim - the Commission and the City Streets: The entire residential development is served by a public, street network that connects to the Butler Farms develop- ment. Connections are also left, to the Economou property to the West. Street names must he submitted to the Planning Department for approval prior to final plat. submission. A sidewalk is shown on one side of the streets. Street, trees, preferably of 4 - 4 1/2 inch caliper are also required. Density: The plans show 119 single-family lots. The maximum density on this 71.8 acre residential parcel is 144 units. Lot #120 is left open for future development; it, will be submitted for subdivision when a transfer of development. rights (T.D.h'.) arrangement is worked out. Until that time, it is left open to meet the Act. 250 agricultural criteria 9B. The minimum lot size is 13,000 square feet. Open Space: 1n addition to the 1.0 acres of residential bind and 15 acres of industrial land reserved for the agricultural set - aside, the plans show a strip 100 fe.,e.t, deep (approximately 3 + acres) parallel to Hinesburg Road. As directed by the Planning Commission, no lots are placed in the drainage way. 'These two areas are left. open. This open space and some of the lots surrounding it are part of the proposed City Park. The appropriateness of approving these lots in .light of the park should be reviewed at, the site visit. The ( i ty is negotiating with Mr. Brown for the purchase of the 28 acre indus- trial parcel. An access easement is reserved to the Industrial land if no agreement is reached so this land is not landlocked. Other: See Bill Szymanski's and Chief•Goddette's comments. To: From: Re: Date: M E M O R A N D U South Burlington City Council Jane B. Lafleur, City Planner M Vermont Structural Steel Sketch Plan April 2, 1986 The South Burlington Zoning Regulations require that all planned unit developments in the Southeast Quadrant receive a joint review by the Planning Commission and the City Council. (Zoning Regulations, Section 6.602c) The Vermont Structural Steel property has been reviewed by the Planning Commission several times as a sketch plan to result in a 121 single-family lot subdivision. It is located west of Hinesburg Road, south of the Hill Farm that abuts the interstate, north of Butler Farms (Dubois), and east of the Calkins and Economou properties. The property consists of approximately 72 acres zoned agricul- tural/rural-residential (AgRR) and 28 acres zoned Industrial - Agricultural (I-Ag). The I-Ag land will not be developed as part of this application although access will be provided to this land so it is not land locked. The AgRR land will be subdivided into 121 lots and 20.61 acres of open space of which 12.99 acres will be dedicated to the City. OPEN SPACE: The majority of the open space/recreation land is located along the drainage way/stream that flows through the Southeast Quadrant. This open area is designed to tie into future parcels and an overall plan for a green belt/open space area throughout the Quadrant. Four lots (#55,56,88 and 89) are bisected by the drainageway. T_ believe these should be part of the green belt corridor rather than having pedestrian trails in people's yards. The Planning Commission will be discussing these four lots further at Preliminary Plat. Along Hinesburg Road, a 3.37 acre buffer strip will be dedicated to the City to continue the green belt concept approved in the Butler Farms subdivision to the south. AGRICULTURAL SOILS: The State will require 25 acres reserved for prime agricultural soils. Most of this is zoned I-Ag. If a transfer of development rights policy is established, these twenty five acres may be developed. Of the land reserved for agricultural use, approximately 2.38 acres will be deeded to the City to enhance our open space with more usable, open area that is not part of the drainage area. It will have restrictions on it for passive recreation only. 1 The chart below describes the open space provisions: ACREAGE (approximate) LOCATION 1.63 South central abutting Dubois 5.61 Northwest corner 2.38 Northwest corner restricted to passive recreation since it will also be used to satisfy Criteria 9b of Act 250 3.37 Eastern boundary, Hinesburg Road buffer 12.99 TOTAL OPEN SPACE DEDICATED TO CITY 7.62 Agricultural soils, May be developed if TDR Plan established 20.61 TOTAL OPEN SPACE STREETS: A road network of City streets will serve the development. A right-of-way is reserved for future access to the industrial land and to adjoining parcels. The streets will be named at Preliminary Plat. SEWER CAPACITY: An allocation of 54,000 gallons per day (gpd) will be required at Preliminary Plat. Presently, there are 17,000 gpd available that several projects are competing for until the sewage treatment plant capacity is expanded. PEDESTRIAN TRAILS: The property is part of the pedestrian trail network. These 15-20 foot easements are located along the southern property line. They are not shown on the plans yet but will be required at Preliminary Plat. TRAFFIC: The traffic formula for intersection improvements at Kennedy Drive / Hinesburg Road intersection will be applied based on the formula that was established several years ago. OTHER: Mery Brown, developer of the project and his architects and engineers should be available to discuss these plans. After these plans are reviewed by the Council, they will proceed to preliminary and final plat public hearings. The Council will also see these plans one more time. Attached are the criteria that the Planning Commission and the City Council must use to evaluate this development. (Section 19.151, Zoning Regulations) 2 ' PLANNED UNIT DEVELOPMENT CRITERIA The Planning Commission shall evaluate any proposed Planned Unit Developilunt according to the following standards and conditions: a. Will not result in undue water or air pollution. In making this determination the Planning Commission shall at least consider (1) the availability and capa- city of municipal sewer facilities or the nature of soils and subsoils and their ability -to support waste disposal adequately, (2) the elevation of land above sea level and in relation to the flood plains, (3) protection of ground and surface waters, and (4) all applicable regulations of the health department and other State agencies. b. Does have sufficient water available for the reasonably foreseeable needs of the development. c. Will not cause unreasonable soil erosion or reduction in the capacity of the land to hold water so that a dangerous or unhealthy condition may result. d. Will not cause unreasonable highway congestion or unsafe conditions with re- spect to use of the highways, existing or proposed. e. Will not cause an unreasonable burden on the ability of the City to provide educational services and facilities. f. Will not cause an unreasonable burden on the ability of the City to provide municipal or governmental services and facilities. q. Will not have an undue adverse effect on the scenic or natural beauty of the area, is aesthetically compatible with existing buildings and site character- istics, and will protect rare and irreplaceable natural areas and historic sites. h. Will provide housing types, cost, and characteristics appropriate to the housing needs of various social and economic groups. i. Will provide convenient allocation and distribution of common open space in relation to proposed development and will conform with the City's recreation plan. j. Will provide efficient layout and high -quality installation, construction, and maintenance of streets and public facilities and will conform with the City's utilities plan. k. Will provide for cooperation with adjoining properties in the extension of roadways, drainage facilities, and utility lines. 1. Will maximize potential for energy conservation and solar energy use via appropriate site layout and use of building materials. m. Will conform with the City's comprehensive plan. 1 ) ��Uttt�j �urlittg#vtt +Rire+�epitltIlleltt �, 575 KBnrset *treet ii tvW l Nurtingtnn, Uermont 054111 OFFICE OF JAMES W. GODDETTE, SR. CHIEF 863-6455 MEMORANDUM TO: SO. BURLINGTON PLANNING COMMISSION FROM: JAMES W, GODDETTE SR. CHIEF RE: AUGUST 12,1986 AGENDA DATE: AUGUST 6,1986 1. Semicon 2-LOT SUBDIVISION At this time I do not see a problem with the subdivision. Our concern is when some one wants to build on it to make sure we have proper access and water supply. 2. L.D.B. Development Hinesburg Road At this time I do not see a problem with this development. I do not see any names on the streets at this time and we have a concern because of problems in the past. it is are feelings that street names be approved by us. M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: February 25, 1986 agenda items Date: 2/21/86 6) MAYNARD AUTO, 1725 WILLISTON ROAD 1. Site shall be graded so that drainage is toward the rear (southerly) . 2. Access between adjacent properties (such as in the Gardenway, Dunkin Donut area) would be a benefit to the area. 7) HEATHCOTE ASSOCIATES, BURLINGTON OUTLET CENTER, SHELBURNE ROAD 1. Site provides no snow storage area. 2. Planters with sharp protruding corners are hazardous and subject to damage. The number makes the parking areas difficult to maintain especially sweeping and snow removal. They also restrict the depth to which a car can park. 3. Water and sewer service to this site is from the City of Burlington. Burlington will have to approve any increase in useage. 8) LDB DEVELOPMENT, HINESBURG ROAD 1. The development of Butler Farms and future development to the south will substantially increase the flow through the north -south drainage way. Except where streets cross they should remain open and the 50' building setback observed. 2. Anarea should be designated where all mailboxes serving this development are located. This area. s:noulC, lie near or at the Hinesburg Road entrance. 3. A residential street should not be used for access to a industrial zone. f' Memorandum February 25, 1/21/86 Page 6 1986 agenda items 8) MERV BROWN, VERMONT STRUCTURAL STEEL The applicant has revised the sketch plan to better meet the concerns of the City for getting a decent, useable piece of open space/recreational land and the State's concerns for prime agricultural soils. Two alternatives, A and B, are offered. Alternative A shows 121 single-family lots and two parcels are lef t open for city us-e measuring 6 .16 and 2.03 acres. t S.3w1 jr There is a good sized connection through to undeveloped parcels to the west. The agricultural land is shown on the southern part of the Industrial -zoned land as well as a piece connecting to the land that will be dedicated to the City. No lots are shown with access from the reserved 60 foot easement to the industrial land so that residential lots will not be disturbed by industrial traffic. If another access is found to the industrial land, this parcel could be subdivided. Lot #88, 89, 55 and 56 have the drainageway bisecting them and may not be buildable even though the applicant proposes to pipe it. See Bill's comments regarding this. Alternative B is identical except that a larger parcel of land is dedicated to the city in the northwest corner; part of it is restricted to passive recreation since it is used to meet the Agricultural criteria. This alternative also shows a reduced open space area (1.63 acres) in the area abutting the Butler Farms development. I have the same concerns regarding lots 88, 89, 56 and 57. 1.(s3tS.16I t3.37 ac. 9) TILLEY RESOLUTIONS Attorneys for Pizzagalli, the purchaser of the Tilley property, are concerned about the validity of subdivisions granted last year. Since the chairman's signature was dated <; ign i C ican tly later than the recording date, there is a remote possibility it could be challenged. This resolution validates the approvals and the plans. In the future, we will have the Chair- man sign the approval stamp prior to recording. Memorandum ' January 28, January 23, Page 2 1986 agenda items 1986 Access, circulation, and landscaping are adequate. See Bill's and Jim's memo. 4) GIGURE, 231 KIRBY ROAD, SKETCH PLAN The applicant proposes to subdivide the 29,000 square foot lot into two lots measuring 16,977 square feet with an existing house and garage and 12,038 square feet. A duplex will be permitted on the smaller lot with access from Airport Parkway. There do not see to be any particular problems with this proposal. See Bill's and Jim's memos. 5) VERMONT STRUCTURAL STEEL, HINESBURG ROAD The applicant has provided two additional options for open space/ recreational areas. Both options increase the buffer strip along Hinesburg Road to continue the Butler Farms precedent. Option I increases the size of the proposed open space adjacent to Butler Farms to six acres. It provides a pedestrian buffer along the stream/drainageway that will allow skiing or walking to adjacent parcels, such as to the Calkins property. Its proximity to Butler Farms provides open space for that development as well. I am concerned that this open site is not well drained and may not be a suitable recreation area without a good drainage plan. Bruce and I plan to visit the site Tuesday. However, it is probably not the best time of year to judge drainage. Option II, places the open area at the northern end of the development with 2 acres in the residential area and 8 acres in the industrial area. By using these industrial acres as part of the total the applicant proposes to increase the number of lots to 130 which is still less than the maximum of 156. They propose to offer 13.5 acres of open space, which is above the 15% required. Both options offer access to the industrial lot and remove this access acreage from the total for calculating open space. Of the two options, Bruce and I prefer the second option due to the potential of connecting with other properties and the size of the parcel. This option also provides a buffer of sorts to the industrial land. However, I still feel a better option is on the residentally zoned land in the northwest corner but these are the best residential lots and use of residential land for open space will result in smaller lots. . Memorandum January 28, January 23, Page 2 1986 agenda items 1986 Access, circulation, and landscaping are adequate. See Bill's and Jim's memo. 4) GIGURE, 231 KIRBY ROAD, SKETCH PLAN The applicant proposes to subdivide the 29,000 square foot lot into two lots measuring 16,977 square feet with an existing house and garage and 12,038 square feet. A duplex will be permitted on the smaller lot with access from Airport Parkway. There do not see to be any particular problems with this proposal. See Bill's and Jim's memos. 5) VERMONT STRUCTURAL STEEL/ HINESBURG ROAD The applicant has provided two additional options for open space/ recreational areas. Both options increase the buffer strip along Hinesburg Road to continue the Butler Farms precedent. Option I increases the size of the proposed open space adjacent to Butler Farms to six acres. It provides a pedestrian buffer along the stream/drainageway that will allow skiing or walking to adjacent parcels, such as to the Calkins property. Its proximity to Butler Farms provides open space for that development as well. I am concerned that this open site is not well drained and may not be a suitable recreation area without a good drainage plan. Bruce and I plan to visit the site Tuesday. However, it is probably not the best time of year to judge drainage. Option II, places the open area at the northern end of the development with 2 acres in the residential area and 8 acres in the industrial area. By using these industrial acres as part of the total the applicant proposes to increase the number of lots to 130 which is still less than the maximum of 156. They propose to offer 13.5 acres of open space, which is above the 15% required. Both options offer access to the industrial lot and remove this access acreage from the total for calculating open space. Of the two options, Bruce and I prefer the second option due to the potential of connecting with other properties and the size of the parcel. This option also provides a buffer of sorts to the industrial land. However, I still feel a better option is on the residentally zoned land in the northwest corner but these are the best residential lots and use of residential land for open space will result in smaller lots. . Memorandum ,January 14, 1/10/86 Page 4 1986 agenda items the water system for this project. His memo is enclosed. 5) VERMONT STRUCTURAL STEEL, HINESBURG ROAD The applicant proposes to subdivide the 100 acre parcel into 123 single-family lots with 9.8 acres of open space on the 71.8 acres of Agricultural -Rural residentially zoned land and leave the 28.2 acres of Industrial -Agricultural land undeveloped and subdivided as a separate lot. General:: The proposed density lies on the low side of base density of 122 units and the maximum of 143 units. The applicant proposes to develop only the residentially zoned land eliminating the re -zoning question. The smallest lot measures about 13,000 square feet. Access: One new curb cut will be provided along Hinesburg Road. Provision is made for two street connections to Butler Farms and one to the Economou property to the west. Open Space: Open space planning is the backbone of P.U.D.'s. Usually the open spaces contain greenbelt path systems, tot lots, common landscaped areas, buffer zones, and larger park areas with passive and active recreation. While the seventy one acres and flat terrain limit the amount and variety that can be provided in this development, I believe attractive useable spaces can be set aside nonetheless. Four parcels are left open within the proposed P.U.D. measuring .6, 2.4, 3.3 and 3.5 acres for a total of 9.8 acres. Our recreational land requirement is at least 2.5 acres for this sized development using the formula. The Commission may require up to 15% for recreational purposes if the needs associated with this parcel exceed the formula. I would suggest this power be used to require at least 10.8 acres of open space. Since the applicant has not shown the greenbelt buffer strip on Hinesburg Road that started in the Butler Farms approval, I suggest that the plan be revised to show this strip along Hinesburg Road. A well landscaped berm may be an attractive feature in this area. In any event,- the Planning Commission must be able to affirmatively find that the plan "provides convenient allocation and distribution of common open space in relation to the proposed development and will conform with the City's recreation plan". I have forwarded a plan to Bruce O'Neill for his comments. I, J Memorandum January 14, 1986 agenda items 1/10/86 Page 5 The standards for open space (section 6.502) are a) "the designated open space shall be located so as to maximize the aesthetic enjoyment of the users of the site, surrounding properties, and roads in the vicinity"; and b) "designated open space shall be located so as to maximize potential of land for agricultural use. Criteria shall include soil quality, existing agricultural use, ability of the land to be improved for agricultural use, size and shape of continuuous open space, potential for combination with open space on adjacent lots and location in relation to general agricultural activity in the area". It is pretty clear that the proposed layout prohibits any agricultural use of the land except for vegetable gardens perhaps. While many would argue that the agricultural potential is seriously limited anywhere in the City limits, we should still address this issue. If we analyze the residentially zoned land alone as shown in the following chart, 41% are prime ag soils. Of the industrial land, 61% are prime ag soils. Therefore, the applicant propoes to develop the land that has a lower percentage although a higher absolute number of acres (29) of prime ag soils. Prime Ag Acres Residential Industrial Total 29 .2 (41%) 17.3 46.5 (61%) Secondary 42.6 10.9 53.5 71.8 28 2 100 acres (100%) (100%) If we look at the soils developed in the residential zone and those left as open space, 89 percent of the primary soils are developed and 85 percent of the secondary soils are developed. Residential Residential Total Developed Open Space Primary 25.9 3.3 29.2 (89%) (11%) (41%) Secondary 36.1 6.5 42.6 (85%) (15%) (59%) Total 62. 9.8 71.8 (100%) Memorandum January 14, 1986 agenda items 1/10/86 Page 6 While I agree that high scale agricultural production is unlikely in this section of the Quadrant, we should not lose other options for the future such as preserving a large tract of contingous open space somewhere else in the quadrant, perhaps along the Shelburne border. To keep these options open, I suggest that this project be phased so that a transfer can occur in the future where the development rights of large parcels are purchased in exchange for a fully developed property here. One might be able to argue that criteria B under our standards for open space has not been met unless some provision for phasing and a transfer of development rights is made. Such a phasing plan and/or purchase of development rights will aid the applicant in meeting criteria 9B of Act 250. Streets; The street system is inventive and consists of two cul de sacs, two eyebrows, and a number of curves. The cul de sacs should meet city standards for a tear drop cul de sac with a 75 foot radius. The gyebrows allow the same number of lots as a halt of cul de sac. This layout gives a type of variation not found in a standard block grid system. Landscaping: Landscaping and a traffic study must be provided at Preliminary Plat. We will probably require a contribution toward intersection improvements. Other: See Bill's memo. 6) CHITTENDEN TRUST, SETBACK AMENDMENT The Chittenden Trust is requesting an amendment to the Zoning Regulations that would reduce the setback along Williston Road from 50 feet to 35 feet from the new right-of-way after the widening. Mr. Fletcher, from the Bank, should be available to express his concerns but I will try to briefly summarize the situation. The present setback is 57 feet from the existing right-of-way and will be 50 feet from the new right-of-way after widening. The taking will amount to 21.5 feet in front of the Chittenden. if the Chittenden presented plans today, the required setback would be 57 feet. If plans are presented after the widening, the setback will amount to 71.5 feet from the present right- of-way. Although the bank agrees that the widening is necessary, they feel it unduly restricts future development potential. I have explained that the City can not give "credit", so to speak, for -future plans so the only options are a zoning amendment or Memorandum January 14, 1986 agenda items 1/10/86 Page 2 5) VERMONT STRUCTURAL STEELROPERTY, HINESBURG ROAD 1. The several small open spaces are useless. They should be contiguous. 2. The cul-de-saces should be the City standard which includes the tear drop island. 3. The half moon streets will be a maintenance problems especially for winter snow plowing. 4. The streets should intersect the main east -west street opposite each other. 5. The 50 foot setback should be observed along the north - south drainageway. Memorandum ,January 14, 1986 agenda items 1/10/86 Page 2 5) VERMONT STRUCTURAL STEEL�ROPERTY, HINESBURG ROAD 1. The several small open spaces are useless. They should be contiguous. 2. The cul-de-saces should be the City standard which includes the tear drop island. 3. The half moon streets will be a maintenance problems especially for winter snow plowing. 4. The streets should intersect the main east -west street opposite each other. 5. The 50 foot setback should be observed along the north - south drainageway. Memorandum September 17, 1985 agenda items September 13, 1985 Page 5 9) ZACHARY, ARCHERY SHOP, WILLISTON ROAD The applicant proposes to convert 1600 square feet of unused space of Zachary's Pizza to a retail Archery Shop. A multiple use permit was granted by the Zoning Board. Access and Circulation: The curb cuts will remain as they are presently. The driveway to the Perkins property north of Zachary's remains open. The southern driveway is closed to provide more landscaping and reduce lot coverage from 93 to 91 per cent. One way circulation is provided around the build- ing. Parking: The plan shows 60 existing spaces and four 'new ones near the entrance for.the archery shop. Mr. Zachary has an agree- ment to share spaces with Merrill Jarvis (theatre) for additional parking. Landscaping: A bond of $180 is required prior to permit. The plan shows new spreading yews and mountain ash. Traffic: The applicant projects 10 vehicles per day from this lot. Traffic overlay zone 2 permits 34 trips per peak hour fiom this lot. The restaurant produces 55 trips durinq the peak hour of Williston Road usinq ITE data. _ Originally, the applicant agreed to close.: the frontage road to the easterly property to increase landscaping. Given the level of traffic and the marginal landscaping benefit, it seems more beneficial to keep this open. 10,) VERMONT STRUCTURAL STEEL, 192 LOT P.U.D. The applicant (David Spitz, agent) proposes to subdivide a 100 acre parcel into 192 single-family lots and 12.8 acres of open space and recreation areas. The southern portion of the land is zoned Ag-Rural Residential (72 acres) and the northern portion is zoned Industrial-Ag (28 acres). The Industrial-Ag area will require a zone change to develop it as proposed. Also, I advise that the lots along the I-Ag property line not be approved and instead it be a buffer area. The density formula permits 170 units on 100 acres: (100 acres minus 15% for roads times 2 units per acre). This is the base density which is also called the "Permitted Density". My reading of the ordinance (section 19.152) is that 170 units is the maximum Memorandum September 17, 1985 agenda items September 13, 1985 Page 6 which can be granted if the development ards. The applicant proposes 192 lots each and 'has a different understanding meets the P.U.D. stand - of approximately 1/3 acre of the ordinance. The development is served by City Streets with one new access from Hinesburg Road and two other accesses to the Butler Farm subdivision. The sketch plan shows 8.3 acres of open space along Hinesburg Road, continuing the greenbelt concept started at Butler Farms. A 4.5 acre recreation area is set aside within the development. The subdivision regulations require 4 acres of parkland as a minimum in this development but allow the Commission to require up to 15% of the area (15 acres) for open space. See Bill Szymanski's comments. 11) LEWIS ALEXANDER, 1301 SHELBURNE ROAD (HOLMES ROAD) The applicants Mr. Lewis and the City of South Burlington propose to subdivide a 2.6 acre parcel into two lots of .5 and 2.1 acres. The property is behind the Volkswagon dealer parcel and is zoned C-2 . The proposed subdivision is for a future fire substation and requires a variance for lot size since 40,000 square feet is the minimum and a 22,100 square foot lot is proposed. As a condition of the sale, the City would construct an access road to the 2.1 acres at the rear of the parcel. l MEMORANDUM To: South Burlington Planning Commission From; James W. Goddette Sr., Fire Chief Re; September 17,1985 Agenda Items Date; September 12,1985 1) Redwood Best Western -------------------- Plans were reviewed on the remolding of the restaurant area and at this time the department does not see a problem with this project. 2) Ross Insurance Office; ---------------------- At this time I do n-t see a problem with giving proper fire protection. 3) QVermont Structural SteellProperty Hinesburg Road ; Plans reviewed and the following must be insta-led, A. Water line installed per water dept. standards. B. 1S Fire hydrants installed as marked on plan. 4) Cooley Office Center; Lot #6 Ethan Allen Drive -------------------- ------------------------ Plans reviewed and at this time I do not see a problem with giving fire protection. S) Blodgett Supply Co. Farrell Street; ---------------------------------- More information needed. A meeting is set up for Friday September 13,1985 With Mr. Spitz and the Blodgett C. ( S V-\Qv\ ��\ - GAc' _" , 6) East Terr Apt. Complex; --------------- - ------ Plans reviewed and the only correction needed is the 10' Road must be inlarged to at least IS' for fire lane and no less the 24' near complex for fire equipment. 7) Creative Design Williston Road; ------------------------------- Plans reviewed and only problem found is the road behind the building must be no less then 18'. Memorandum September 17, 1985 agenda items September 13, 1985 Page 2 9) ZACHARY, 1234 WILLISTON ROAD No Comments. 10) VERMONT STRUCTURE STEEL PROPERTY, HINESBURG ROAD 1. Part of the north -south road shouldn't be in a drainageway. 2. A 60' right-of-way to the Economou-Calkins property should be considered. 3. Corner lots at intersecting streets shall have triangle sight distance easements. CITY OF SOUTH BURLI %-ION Subdivision Application -FINAL PLAT 1) Name of Applicant L-'bFj VLco p�,�{-�� 2) Name of Subdivision L�1 ��V� bn✓v�evti �- Ua� C�Ve�k uakkr e) r-- 3) Indicate any changes to name, address, or phone number of owner of record, applicant, contact person, engineer, surveyor, attorney or plat designer since preliminary plat application: toyyIlL 4) Indicate any changes to the subdivision, such as number of lots or units, property lines, applicant's legal interest in the property, or developmental timetable, since preliminaryplatapplication: 4c:�,VQt wu-v�xloeV- 1 1 _ W �'�A- Got - C - -- Gi (i & C'y1yi C T' ! Jkre P �- / O-Al eck o k Q to ,'r' ' L o i d 1 5) Submit for copies ofa final set of plans consisting of a final plat plus engineering drawings and containing all information required under section 202.1 of the subdivision regulations for a minor subdivision and under section 204.1(a) for a major subdivision. 6) Submit too draft copies of all legal documents required under section 202.1 (11) and (12) of the subdivision regulations for a minor subdivision and under section 204.1(b) for a major subdivision. (Signature) applicant or contact person Date C P1 Y OP a)U191 BURIA14-NON SuWivision Application - F1NA1, HAT 1) Nanie of Applicant LDB, Incorporated 2) Name of Sulxlivision LDB Development 3) Indicate any changes to mane, address, or phone nc.ualx:r of owner of recc,rd, applicant, contact person, engineer, surveyor,• attorney or plat designer since preliminary plat application: None 4) Indicate any changes to the subdivision, such as nwLder of lots or units, property lines, applicant's legal interest in tfie protxrty, or (love lopwntcil tiiiet-able, since preliminary plat application: To':al number of lots changed from _ 120 to 115, Eliminated Street "F". Extended Street "D", Relocated Street "E". 5) Submit four copies of a final :yet of plans c)nsistinq of a final plat plus engineering dr.awincjs and containing all inforirkition reduirOd urKler section 20:..1 of the sutxlivision regUIZItions 1'or a minor subdivision and under suction 204.1(a) for a major subdivision. G) Submit two draft copies of: all legal (locun2nts required under' section 202..1 (11) and (12) of the subdivision tegulations for .a uiir-ior sulxlivision aix.l under section 204.1(b) for a ii�-ijoi SUIXILViSiOn. (Sign- ure) a /1)licant or contact Ix:rson Da to i List below or on an attached sheet of paper the names and addresses of all adjoining landowners: Edward Hill 835 Hinesburg Road South Burlington, Vermont 05401 Homer Dubois 1405 Hinesburg Road South Burlington, Vermont 05401 Gwendolen Rye 1075 Hinesburg Road South Burlington, Vermont 05401 Rena Calkins Intervale Road South Burlington, Vermont 05401 Dean Economou Notch Brook Road Stowe, Vermont 05672 /cJ - Z qug� re of P -parer Date FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services )CITY OF SOUTH BURLINGTON Subdivision Application - PRELIMINARY PLAT 1) Name of Applicant LDB, Inc. 2) Name of Subdivision LDB Develr_�rr,ent ( Names to be selected) 1 3) Describe Subdivision (i.e. total acreage, number of lots or units, type of land use, include gross floor area if comm- ercial. ) Total AcarE. e - 100+/- acres of which 2�.2+/- acres are zoned IAg and 71.8+/- acres are zoned A;. This application is for 119 residential Lots and 1 future residentially developer; Lot (of more than 1 Lot) in the AgR district. 4) Indicate any changes to name, address, or phone number of owner of record,applicant, or contact person since sketch plan application: None ' 5. Name, address, and phone number of: a. Engineer Fitzha-rick-Llewellyn, 15 Brickyard Road, Essex Junction, __._Vermont_ . 05452 878-3000 b. Surveyor Sarno as Engineer c. A+tornev James Foley, Svckes, Foley and Stitzel 184 South Winooski Avenue, Burlington, Vermont 0540011 H. Plnt Designer Same as Engineer I -2- 1 6) Indicate any changes to the subdivision such as number of lots or units, property lines, applicant's legal interest in the property, etc., since this proposal was last before the Commission: Sketh pl<,n contained 121 single fat,-iily Lots, plus a Lot reserv-( for future development into one or more Lots. Preliminary Plat application cont-:ins 2 less single family Lo`:•s. 7) List names and mailing addresses of owners of record of all cont- igous properties: Homer DuBois, 1405 Hinesbu_M_Rd., So. Burlington, VT Edward Hill, 535 Hinesburg Rd., So. Burlington, VT Gwendolen Rye, 1075 Hinesburg Rd., So. Burlington, Y _ Dean Economou, Notch Brook Rd., Stowe, VT 05672 Rena Calkins, Intervale Rd., Burlington, VT _ 8) State title, drawing numb>r, date of origi--i;�l plus any revisions, and designer(s) of the preliminary map(s) accompanying this appli- cation: LDB De,,:Johmcnt, Dr-_:ing Numbers D-1689,_1690, 169lj__1692, 1693L _16949 1695, 1696, 1697, 1698, 1699, 1778, 1732, 1700, 1701, 1760 and 1779. Preliminary Plat drawings date of submission July, 1986. _ 9) Attach a preliminary map showing the following information: __- 1)- Proposed subdivision nama or identifying title and the name of the city. 2) Name and address of owner of record, subdivider and designer of Preliminary Plat. 3) Number of acres within the proposed subdivision, location of property lines, structures, watercourses, wooded areas, and other essential existing physical features. 4) The names of a.11 subdivisions imnediately adjacent anc the names of oimers of record of adjacent acreage. 5) The location and size of any existing sewers and v-Oter mains, culverts and r:,ins 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 I -3- 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 Geological Survey datum of existing grades and also of proposed finished grades where change of existing ground elevation will be five feet or more. 8) Complete survey of subdivision tract by a licensed land surveyor. 9) Numerical and graphic scale, crate and true north arrow. 10) Details of proposed connection with existing water supply or alternative means of providing water supply to the proposed subdivision. 11) Details of proposed connection with the existing sanitary sewage disposal -system or adequate provision for on -site disposal of septic wastes. 12) If on -site sewage disposal system is proposed.- location and results of tests to ascertain subsurface -coil, 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 Cormuission to locate readily and appraise the basic lay- out 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. 15) All parcels of land proposed to be dedicated or reserved for public use and the conditions of such dedication or reservation. 10) Developmental timetable (including number of phases, and start and completion dates) _ Starting date with Permits Proposed Construction Schedule - 3 years +/- 11) List the waivers applicant desires from the requirements of these regulations: 12) Attach a vicinity map showipig 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 ad- joining the proposed subdivision. 2) Locations, widths and names of existing filed or proposed streets, curb cuts, easements, buildiug lines and alleys pertaining to the proposed subdivision and to the adjacent properties as designated in paragraph 1 above. 3) An outline of the platted area together with its street system and an indication of the future probable street system of the remaining portion of the tract, if the Preliminary Plat sulxnitted covers only part of the sub - divider's entire holding. (signature) applicant or contact person date M CITY OF SOUTH BURLING ON Subdivision Application - SKETCH PLAN 1) Name, address, and phone number of: a. Owner of record Vermont Structural Steel Corp. 29-'&-W,r Tnn Ave. Burlington, Vermont � . i r�. ,+ 0�, J b. Applicant LDB Development V Stonehedge Drive So. Burlington, Vermont C. Contact person Mery Brown- LDB Development Lance A. Llewellyn- FitzPatrick-Llewellyn 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). Development of 100± acres, along Vermont Route 116, into 121 residen- tial lots, open space, industrial zone, roadways and utilities 3) Applicant's legal interest in the property (fee simple, option, etc) Option 4) Names of owners of record of all contiguous properties DuBois Caulking, Economou and Rye S) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. Stormwater easements open space/recreational, pedestrian easements, primary agricultural soils 0 6) Proposed extension, relocation, or modification of municipal facilities such as sanitary sewer, water supply, streets, storm drainage, etc. Water supply mains will be extended from Rt. 116. Sewers will be provided, north to the area of Dorset and Rt. 89. A sewage pump station will be uired. 7) Describe any previous actions taken by the Zoning Board of Adjustment or by the South Burlington Planning Commission which affect the proposed sub- division, and include, the dates of such actions: Previously presented to the P.C. on January 23, 1986; did not receive overwhelming endorsement. This proposed plan addresses previous concerns. 8) Submit four copies of a sketch plan showing the following information: 1) Name of owners of record of contiguous properties. 2) Boundaries and area'of: (a) all contiguous land belonging to owner of record and (b) proposed subdivision. 3) Existing and proposed layout of property lines; type and location of existing and proposed restrictions on land, such as easements and cove- nants. 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. L � J (Signature) applicant qr contact person date CITY OF SOUPH BURLINGTON Subdivision Application - SKETCH PLAN 1) Name, address, and phone number of: a. Owner of record Vermont Structural Steel Corp. 207 Flynn Avenue Burlington, Vt. 05401 864-9841 b. Applicant LDB Properties Inc. c/o Mery Brown Stonehedge Drive South Burlington, Vt. 05401 863-1389 c. Contact person David H. Spitz North Country Planning ox jjj Winnnz kip VPrmnnt 054n4 A55 3Ar) i 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). 122 Residential subdivision consisting of X single-family r lots on t3 A acres. 000 W7ti AY bU 3) Applicant's legal interest in the property (fee simple, option, etc) Applicant has a contract to purchase the property. 4) Names of owners of record of all contiguous properties Gwendolyn, Arthur and Lexie Rye; Edward, Russell and Janice Hill; Rena Calkins; Economou Farms Inc; and Homer and Marie Dubois. 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. None have been identified to date. 6) Proposed extension, relocation, or modification of municipal facilities such as sanitary sewer, water supply, streets, storm drainage, etc. The project will be services by municipal streets, water and sewer mains and storm drainage. 7) Describe any previous actions taken by the Zoning Board of Adjustment or by the South Burlington Planning Commission which affect the proposed:sub- division, and include the dates of such actions: None 8) Submit four copies of a sketch plan showing the following information: 1) Name of owners of record of contiguous properties. 2) Boundaries and area of: (a) all contiguous land belonging to owner of record and (b) proposed subdivision. 3) Existing and proposed layout of property lines; type and location of existing and proposed restrictions on land, such as easements and cove- nants. 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. �a �s (Signature) applicant 'contact person —� date CITY OF SOUTH BURLING'IM Subdivision Application - SKETCH PLAN 1) Name, address, and phone dumber of: a. Owner of record Hermont Structural Steel Corp. 207 Flynn Avenue Burlington, Vt. 05401 864-9841 b. Applicant LDB Properties Inc. c/o Mery Brown Stonehedge Drive South Burlington, Vt. 05401 863-1389 c. Contact person David H. Spitz North Country Planning F.U.ox Winne-,ki, Vermont n54n4 (�5�3EiF1 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). Residential subdivision consisting of 192 single-family lots on t100 acres. 3) Applicant's legal interest in the property (fee simple, option, etc) Applicant has a contract to purchase the property. 4) Names of owners of record of all contiguous properties Gwendolyn, Arthur and Lexie Rye; Edward, Russell and Janice Hill; Rena Calkins; Economou Farms Inc; and Homer and Marie Dubois. 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. None have been identified to date. 6) Proposed extension, relocation, or modification of municipal facilities such as sanitary sewer, water supply, streets, storm drainage, etc. The project will be serviced by municipal streets, water and sewer mains and storm drainage. 7) Describe any previous actions taken by the Zoning Board of Adjustment or by the South Burlington Planning Commission which affect the proposed sub- division, and include the dates of such actions: None 8) Submit four copies of a sketch plan showing the following information: 1) Name of owners of record of contiguous properties. 2) Boundaries and area of: (a) all contiguous land belonging to owner of record. and (b) proposed subdivision. 3) Existing and proposed layout of property lines; type and location of existing and proposed restrictions on land, such as easements and cove- nants. 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. c (Signature) applicant or cunt t _6s�n date IcITZPATRICK-LLEWELLYN INCO )RATED Engineering & Planning Services The Kiln - 15 Brickyard Road ESSEX JUNCTION, VERMONT 05452 (802) 878-3000 TO A rjt L��Lr-0/k P WE ARE SENDING YOU Q Attached ❑ Under separate cover via LIEUMEw of TURSO UL DATE JOB NO. /�/�j (/ ( 4.' V 1. ATTENTION RE: / �u �" iUISIUnJ ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples Copy of letter ❑ Change order ❑ the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION f0-1 IR/CFFic. JMPpCT Z�V_u,' �J THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested For review and comment ❑ FOR BIDS DUE REMARKS ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections 1-1 Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints 19 ❑ PRINTS RETURNED AFTER LOAN TO US I� t COPY TO IVCO2, SIGNED: /rhp/1 PRODUCT2403 Inc., GMW Mom. 01471. If enclosures are not as noted, kindly notify us at once. FITZPATRICK•LLEWELLYN INCC )RATED Engineering & Planning Services The Kiln - 15 Brickyard Road ESSEX JUNCTION, VERMONT 05452 l (80`2) 878.3000 TO P, i'KG �1 i" nay C>3 WE ARE SENDING YOU Attached ❑ Under separate cover via_ ❑ Shop drawings ❑ Prints ❑ Plans Copy of letter ❑ Change order ❑ I DICTUM TUM OF T D LamnIREOTMI, DATE _. 1v ; I .5 JOB NO f3�c��c ATTENTION A��0 G LA FLL, RE I1 following items: ❑ Samples ❑ Specifications COPIES DATE NO. DESCRIPTION 1 e'T') 1 THESE ARE TRANSMITTED as checked ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS A:Ss,20112e,72 below: ❑ Approved as submitted ❑ Resubmit copies for approval ❑ Approved as noted ❑ Submit copies for distribution ❑ Returned for corrections ❑ Return corrected prints ❑ j A 19 ❑ PRINTS RETURNED AFTER LOAN TO US -- COPY TO -'�=K [J/� ;"�.-'1" 4��U/i2,w�J�C71T-9z SIGNEDx PROW9240.2 ®Inc WM Mm O1a71 It enclosures are not as noted, kindly notify us at once. FITZPATRICK-LLEWELLYN INCOR SATED Engineering & Planning Services The Kiln - 15 Brickyard Road ESSEX JUNCTION, VERMONT 05452 (802) 878-3000 TO I )T E' -- �Lar�l ►mil l hl ��//�!/� tS`� l 0 tJ WE ARE SENDING YOU .K Attached ❑ Under separate cover via FIE'TURLIa) Oo F URUSADTTQL DATE I � � , � � JOB NO. t ATTENTION RE: the following items: ❑ Shop drawings Prints ❑ Plains ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order COPIES DATE NO. DESCRIPTION q- 1S THESE ARE TRANSMITTED as checked below: XFor approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted xAs requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE _19 REMARKS Ll Resubmit copies for approval ❑ Submit _copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY PRODUCT 240-2 A Inc, Groton, MM 01471. SIGNED:e�bL/ I J2 If enclosures are not as noted, kindly notify us at once. FITZPATRICK-LLEWELLYN INCOh RATED Engineering & Planning Services The Kiln - 15 Brickyard Road ESSEX JUNCTION, VERMONT 05452 (802) 878-3000 TO WE ARE SENDING YOU ttached ❑ Under separate cover via_ ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ MEU "i I OF TRUMA TTUQL DATE ' /0 (�' JOB NO. 0&'(j j0 ATTENTION RE: / the following items: ❑ Samples ❑ Specifications COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below: 0 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 COPY TO PRODKT240-2 � Inc., Glemll, Mess. 01771, SIGNED: It enclosures are not as noted, kindly notify us at once. FITZPATRICK-LLEWELLYN INCOU .ATED Engineering & Planning Services The Klin - 15 Brickyard Road ESSEX JUNCTION, VERMONT 05452 (802) 878-3000 WE ARE SENDING YOU K Attached ❑ Under separate cover via ❑ Shop drawings ❑ Copy of letter lX Prints ❑ Change order n Plans L IE LJ Mui1) W U1Mz I MA0U`TR L DATE � I � , � � JOB�N•O. ATTENTION JA`.1 E �--�-FL•—u2 RE, the following items: Ll Samples ❑ Specifications COPIES DATE NO. DESCRIPTION 4- LV5 t7cvelo�w�evt�- rj�e�r_(„ Plav, At+-, '5 — 4. F4,lp ' 8t.. 1r,*oZ LVV5 Ali% A THESE ARE TRANSMITTED as checked below: ❑ For approval xFor your use ❑ As requested ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE REMARKS ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return __corrected prints 19 ❑ PRINTS RETURNED AFTER LOAN TO US j-r Cal✓ CLCi _ CA n l 1 r_ CA +�� c&� � vt� � toL - V 1y -6 (Jrs V' /1 11 T_tn ( vi h 1 ✓la r-e) IA4 Wl LS-_'1czln ee L'N!=�3_ COPY PRODUCT 240-2 ArE©gy Ina., Groton, Me 0147f. SIGNED: J �.I (� CC L."_�It enclosures are not as noted, kindly notify us at once. February 6, 1986 Mery Brown S tonehedge Drive South Burlington, Vermont 05401 Dear Merv: Enclosed are the minutes of the Planning Commission meeting of January 28, 1986. Please call me if you have any questions. Sincerely, Jane B. Lafleur, City Planner JBL/mcp cc: David Spitz Vermont Structural Steel Lance Llewellyn I'11151, 1 C: II1-:A I? I NG :iUU'I'I I 131Ilt L, I N( TON PLANNING COMMISSION The South Burlington Planning Commission will hold a puhliC hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on 'Tuesday, 1987, at 7:30 P.M. to consider the following: 1) Final Plat application of Tom Drolette for a three lot residential subdivision on a 40.9 acre parcel. The property is bounded on the north by Mayer and Lyman,.,'Rice, Linton, on the east by Trevithick, Benson, Smith, and Pappas,.: -,on the west'by the Irish Farm, and on the south by Champlain Water District and will -be located on Harbor Ridae Road extension. 2) Final Plat application of William Shearer for a 56 unit Planned Unit Development on 15.5 acres. Property is bounded by R. Munson and Melna Concrete to the north, J. Brill, T. Shepherd, S. Stebbins to the east. the City of South Burlington (Jaycee Park), R. LaBarge, C_ Perkins. Gardenway, Inc., and.-R.. •Precourt to the south, and F. Lamolough to the west , and is located west of 159 and 173 Patnhen Road 3 ) _ morel iminary Plat application of John H. Belter Jr. , for a 21 lot commercial subdivision on a 52.4 acre parcel. The property is bounded on the north by R & L Shand, R & J Berard, J & E Goldberg, T. Chastenay, V.T. Ventures and J. McKeown, S & D Hard, F & M Taft, _L_& R Dumont, S. Unsworth and K. Martinez, F. Naef and R. Volk, r PU131. I C: 11 I:Ak I NG SOUTH 11111U.I NGTON P I.,nNN I NG COMMISSION The South Burlington Planning Commission will hold .i public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, jUjy 28__ _ 1987, at 7:30 P.M. to consider the following: 1) Final Plat application of Tom Drolette for a three lot residential subdivision on a 40.9 acre parcel. The property is bounded on the north by Mayer and Lyman,,'Rice, Linton, on the east by Trevithick, Benson, Smith,and Pappas,:�bn the west'by the Irish Farm, and on the south by Champlain Water District and will -be located on Harbor Ridge Road extension. 2) Final Plat application of William Shearer for a 56 unit Planned Unit Development on 15.5 acres Property is bounded by R. Munson and Melna Concrete to the north, J. Brill, T. Shepherd, S. Stebbins.. --- to the east, the City of South Burlington (Jaycee Park), R. LaBarge, _C. Perkins_ Gardenway, Inc., and.,-R;.•Precourt to the south, and E. Lampl_ugh to the west , and is located west of 159 and 173 Patchen Road. 3) PrPliminary Plat application of John H. Belter Jr., for a 21 lot commercial subdivision on a 52.4 acre parcel. The property is bounded on the north by R & L Shand, R & J Berard, J & E Goldberg, T. Chastenay, V.T. Ventures and J. McKeown, S & D Hard, F & M Taft, L & R Dumont, S. Unsworth and K. Martinez, F. Naef and R. Volk, D & L Barchard, City of South Burlington (Ethan Allen Drive), Green Mountain Power Corporation, A & R Berard, R. Berard, K & C. Smith, on the west by N. Ward, N. Barrett and Fairdale farms, G. Brady, O. Kopystianskyj, D & R Sutton, H & J Bruner and on the east and south by the Winooski River and is located on Ethan Allen Drive. 4 ) Revised Final Plat application of _I;DB Inr.nr= arated (_MPry B.r-pwn.}-for- a 112 lot single-family subdivision with 21 acres of open space on_ , 71.8 acres and a 28 acre parcel of industrial land for the future_ park facility. Property is bounded on the north by G. Rye and _E.H11.l, on the west by R. Calkins and D. Economou, on the south by Butler Farms Development (H & M Dubois) and is located at 1175 Hinesbur-gRoad. Copies of the applications are available for public inspection at the South Burlington City Hall. Peter L. Jacoh Chairman, South Burl ing ton Planning Commission July 11, 1987 FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services The Kiln • 15 Brickyard Road • Essex Junction 0 Vermont 0 05452 • (802) 878-3000 24 April 1987 Mr. Peter B. Meyer, Acting Coordinator Ms. Rose Paul, Acting Assistant Coordinator District Environmental Commission #4 III West Street Essex Junction, Vermont 05452 Re: Application #4CO694 LDB Incorporated South Burlington, VT Proposed Revisions File: 86030 Dear Mr. Meyer: Thank you for your memorandum of April 22, 1987 pertaining to the above referenced Application. We ask that you consider the following modifications to "mitigate the undue adverse aesthetic impact" of the location of Lots 1-13. The memo references the proposed 100 foot buffer zone (150' in your memo) to be inadequate. This could especially be true should Rt.116 be widened. The enclosed drawings illustrate a modification to the site plan which expands the present 100 foot buffer to 200 feet. This would place the backs of homes approximately 250 feet from Rte.116. The,, other part of this plan shows a completed "loop" road serving the westerly lots, and the elimination of the cul-de-sac. These 100 scale drawings demonstrate the feasibility of moving the lots. Final design may result in one or two fewer lots than our original application (99 lots to 97). This would be determined during final redesign. It would seem to be an unreasonable expense to LDB to redesign the entire project if this modification would not mitigate your concerns. We ask that the Commission review this proposal for concurrence with applicable aesthetic criterion. If acceptable, we will redesign and resubmit as soon as possible. APR 2 4 1987 Design 9 Inspection 0 Studies 9 Permitting Mr. Peter B. Meyer, Acting Coordinator Ms. Rose Paul, Acting Assistant Coordinator 24 April 1987 File: 86030 Page Two We have shown these modifications to Ms. Jane LaFleur, South Burlington City Planner, and have received her conceptual approval. She also is requesting redesign and resubmi- ssion if this is the accepted course of action. Thank you for your assistance in this Application. Very truly yours, FITZPATRICK-LLEWELL YN INCORPORATED Lanc A. LievGellyn, P.E. LAL/rg cc: Mery Brown FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services FITZPATRICK-LLEWELLYN INCO JRATED Engineering and Planning Services One Wentworth Drive WILLISTON, VERMONT 05495 (802) 878-3000 TO `tea , 2 J CZL t �, f�! t�l f 1�11: T �= - �E� • )9 L 1 Ll Cj T= rJ k/i' WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via_ ❑ Shop drawings Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ O[E-TMA OF TUMS IUTTQL DATE 9 � 1 1 JOB NO. %� ATTENTION RE: ❑ Samples the following items: El Specifications COPIES DATE NO. DESCRIPTION Z}- !!�Jr, &P 106 +4 L-)P-5 vi-I- - Ovevo�l( 4:�' CbL P la"- ve.V L"e f CL 6 Z 4- • 1�s-1 THESE ARE TRANSMITTED as checked below kFor approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted xAs requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 REMARKS ❑ Resubmit copies for approval ❑ Submit copies for distribution Return corrected prints Ll PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED: C PRODUCT2402 ees Inc., GMtM, Mass. 0141L If enclosures are not as noted, kindly notify us at once. 7/28/87 KLP MOTION OF APPROVAL That the South Burlington Planning Commission approve the revised Final Plat application of LDB, Inc., (Mery Brown) for the subdivision of 100 + acre parcel into 28.1 acre parcel of land zoned industrial -agricultural, 114 single-family lots, and 21,A'± acres of open space to be dedicated to the City as depicted on a 20 page set of plans, page one entitled "LDB Development, overall site plan, index of sheets" prepared by Fitzpatrick -Llewellyn Incorporated dated September, 1986 last revised July 8, 1987 with the following stipulations: 1. All stipulations from the previous Final Plat approval shall remain in effect. 2. No�\'construction shall begin prior to availability of sewer capacity. 3. The applicant must sign an agreement with the City to sell( 28'. acres to ,the City for a future park land prior t permit. 41. 1 �. S 1-,e. k<c�rv,.�'-� h'L�l� b..e_. cL� A-. 'L..e � �(oivvYl.e�! /©-IL i < i- ? c'-) � � w�.ti "j 4. It is the applicants responsibilVity to record the Revised Final Plat within 90 days or this approval is null and void. it shall be approved by the City Planner and signed by the Chairman or Clerk of the Commission prior to recording. 19 MOTION OF APPROVAL 10/27/86 JBL That the South Burlington Planning Commission approve the final plat of LDB, Inc., (Mery Brown) for the subdivision of a 100 + acre parcel into a 28.1 acre parcel of land zoned Industrial - Agricultural, 115 single-family lots, and 2.9:�"acres of open space space to be dedicated to the City as depicted on a 16 page set of plans entitled "LDB Development, South Burlington, Vermont" prepared by Fitzpatrick -Llewellyn, Inc., dated September, 1986, stamp dated October 6, 1986 with the following stipulations: 1) A landscaping bond shall be posted prior to permit in an amount determined by the City Planner. The bond may be phased in accordance with the phasing of the project. 2) Bonds for streets, sewer, and water shall be posted prior to permit in an amount determined by the City Engineer. "As built" construction drawings shall be submitted prior to the release of any bonds. 3) All legal documents including offers of dedications and deeds for streets and open space, bills of sale for any utilities, pedestrian easements, drainage easements etc., shall be prepared for review by the City Attorney within 30 days. 4) The applicant shall contribute 20% of the cost of the inter- section improvements at Hinesburg Road and Kennedy Drive based on the 115 trip ends generated by this project. 4 &1/a Q 5) The sewer fee of $2.50 per gallon shall be paid prior to permit. The allocation of 51,750 gallons per day is made in accordance with the South Burlington Sewer Policy. This allocation shall be phased in 0,tcordance with the phasing plan. This project is placed on the waiting list until additional capacity is available at the Airport Parkway Treatment Plant. 6) The streets and curbs in each phase shall be installed prior to the issuance of a building permit. 7) In accordance with Section 412.2 of the subdivision regulations, no topsoil, sand or gravel shall be removed from the subdivision for any purpose other than to meet the construction needs of this subdivision or to meet any requirements of the regulations. saw 8) The drainage area shall be seeded with grass and wildflowers. 9) The street names shall be approved by the Planner and shown on the final plat. 10) Final approval from the School Board shall be obtained prior to permit. 5 11) It is the applicants responsibility to record the final plat within 90 days or this approval is null and void. It shall be approved by the Planner and signed by the Chairman or Clerk of the Commission prior to recording. la) The first building permit must be obtained within 3 ,years or this approval is null and void. I cry wr�i�r,6� T 11/3/86 JBL MOTION OF' APPROVAL I move that the South Burlington City Council approve the final plat application of LDB, Inc., (Mery Brown) for the subdivision of a 100 + acre parcel into a 28.1 parcel of land zoned Industrial -Agricultural, 115 single-family lots and 21.4 acres of open space to be dedicated to the City as depicted on a 16 page set of plans entitled "LDB Development, South Burlington, Vermont" prepared by Fitzpatrick -Llewellyn, Inc., dated September 11, 1986, stamp dated October 6, 1986. The Council hereby finds that the proposed development: a) Will not result in undue water or air pollution. b) Has sufficient water available for the reasonably fore- seeable needs of the development. c) Will not cause unreasonable soil erosion or reduction in the capacity of the land to hold water so that a dangerous or unhealthy condition may result. d) Will not cause unreasonable highway congestion or unsafe conditions with respect to use of the highways, existing or \ c' proposed. c� Q ^f�R�' �—u�u^x' Q � L Oft �—P` the uca Iona s s . Fine�l a-ppmanal from the School Board shall be obtained prior to ng �sa�.aw�csz� permit, Will not cause an unreasonable burden on the ability of the City to provide municipal or governmental services and facilities. Will not have an undue adverse effect on the scenic or natural beauty of the area, is aesthetically compatible with existing buildings and site characteristics, and will protect rare and irreplaceable natural areas and historic sites. h) Will provide housing types, cost, and characteristic "= appropriate o the housing needs a—varos s:cia1 == d e i) Will provide convenient allocation and distribution of common open space in relation to proposed development and will conform with the City's recreation plan. j) Will provide efficient layout and high -quality installation, construction, and maintenance of street and public facilities and will conform with the City's utilities plan. 1 10 Will provide for cooperation with adjoining properties in the extension of roadways, drainage facilities, and utility lines. 1) Will maximize potential for energy conservation and solar energy use via appropriate site layout and use of building materials. m) Will conform with the City's Comprehensive Plan. G- - m M E M O R A N D U M TO: South Burlington City Council FROM: Jane B. Lafleur, City Planner RE: LDB Development DATE: November 1, 1986 Enclosed is the Motion of Approval passed by the Planning Commission last week. I will have a motion available for your action on Monday night. All issues have been settled and will be reveiwed with the Council Monday night. w r MOTION OF APPROVAL 9/22/06) JBL That the South Burlington Planning Commission and the City Council approve the Preliminary Plat of LDB, Inc., (Mery Brown) for the subdivision of a 100+ acre parcel into a 28.1 acre parcel of land zoned Industrial -Agricultural, 115 single-family lots, and 20.6 acres of open space to be dedicated to the City as depicted on a plan entitled "LDB Development, South Burlington, Vermont" prepared by Fitzpatrick -Llewellyn, Inc., dated September, 1986 with the following stipulations: 1) The Final Plat shall show street names, a landscaping plan with 3" - 4" diameter street trees and landscaping for individual lots. 2) All streets shall include concrete curbs and a sidewalk on one side. Land for street connectors to adjoining parcels shall be deeded to the City. 3) Legal documentation for street dedications, street connections, water and sewer and open space shall be prepared for approval by the City Attorney prior to final plat. 4) All engineering details shall be submitted for final plat approval. 5) Bonds for streets, water and sewer shall be posted prior to permit in an amount determined by the City Engineer. 6) A sewer allocation of 51,750 gallons per day is made in accordance with the South Burlington Sewer Policy. This project is placed on the waiting list until additional capacity is available at the Airport Parkway Treatment Plant. The $2.50 per gallon fee shall be paid prior to permit. 7) A phasing plan shall be submitted for final plat. 8) The proposed pedestrian trail along the southern property line as planned in the Comprehensive Plan shall be shown on the plans and dedicated to the City. The dev per may want to change the c guration these lots nc the 4.`� through ackya of eighmes o cuss ther alternat' es with e Natural �esjp4r�,5`ecommittle_. 9) A traffic study indicating the impact on the Hinesburg/Kennedy Drive intersection and the need for the deceleration lane and any other traffic improvements shall be submitted. 10) The traffic fee shall be paid prior to permit in accordance with the formula established for the Hinesburg Road/Kennedy Drive intersection. The amount shall be determined prior to Final Plat approval. 1 11) The streets . ) curbs shall be installe prior to the issuance of a building permit. 12) In accordance with Section 412.2 of the subdivision regulations, no topsoil, sand or gravel shall be removed from the subdivision for any other purpose than to meet the construction needs of this subdivision or to meet any requirements of the regulations. 13 ) Prior, f in pl ap�'� l a ns er o, f,-�'SeVe1opmpxi— ' rights a me t r the ?w`'cresogricul � soilsz altIl be made w' the tv. 4'j The final plat shall be submitted within 18 months or this approval is null and void. 2 TRAFFIC FORMULA FOR HINESBURG ROAD DEVELOPMENTS Projection of Future Growth 1987-1992 LDB Development 115 trips Quarry 18 trips Semicon (full oP6�ration) 75 trips 80 acre Semicon parcel 150 Background Growth VAOT estimate 9% increase 167 TOTAL 525 Improvements Required at Intersection 8 phase controller reset poles and signal heads 3rd lane on north bound Hinesburg Road approach 3rd lane on eastbound Kennedy Drive approach 3rd lane on westbound Kennedy Drive approach Total estimated cost: $46,000 Other contributors to date based on $20,000 total cost: TO DATE TOTAL ASSESSMENT Ledgeknoll (57 units) $2200 $2200 Wellesley Grove (24 units) 500 500 Foxcroft (107 units) 4200 4200 Butler Farms (145 Units) 0 5633 TOTAL 12,533 $46,000 - $12,533 approved to date = $33,467 LDB 115 trips x 91% northbound = 105 % 525 = 20% x cost of improvements $33,467 = $6,693. 1 rt 01 4N\i 4 sc�n� re�rn� e��oY15 1#46i41 11 / s Y s� � r►�. l .eL43 a , a 6-7 �Da rn�cm T L{i v. t74 I 6 r 4 -n , - •►� Le S 7 to -7sl 1 r Jb. 13 y v P1 ( rs = S 315 ca r 00 0 oa0 t 10-- z 8 -� b ��r� �m�p��e. Mew ,� �-z.,�,.-o � �� K.e��►-Q,� �� ve �i ��3) of em\j �A (� Corv� Ilex - me r5' gad ceA-ry U1 -t j-- - e v cf� I CQ,4, w (�k f(al 4 p6,.,, MiN1mu,n- P,g rk-e�t p �,/ rC s n� C� --�k�rs )axc A �� b 14 oyk ND rile Lug 9 ICLIti� rlt+ d-ut� qp-0 ad., /0-� oll (KCI-n nkc(-� 4 r k cc M -f �u/L �? V12rDA-CtA C '�) Y k v-e-� } 14, Cc s T � L3�0 l ik L �; c.J `ass-- i i .'�'! C.` ; � �;,.c.; �,,Qv ►1:? J i�(,._ �� ti i; ��., IN 0 a(ipasrtz 00, 0 tj �orr,-u IL Q l'o a ('O,n � - OiR4^,Vu C460CCtVA � # ivL IC4 CQ- -'-A C. i I-Vf ©VC k Ali IA. PprSl;rl CA- L No Text 'i \ot LA) e-lf1�-4 L:U)a ✓ \�. .......... ,Ill cvM'►�mon Wec f; _ Cie Plo —8�s1 Qu-�ati- Cam, NQ<T 6,cam,, �- ALTERNATE A February 24, 1986 VERMONT STRUCTURAL STEEL PROPERTY HINESBURG ROAD OPEN SPACE OPTIONS 2.03 south central location abutting Dubois 6.16 northwest corner 3.37 eastern boundary, Hinesburg Road buffer TOTAL ACRES 11.56 City owned open space ALTERNATE B 1.63 south central location abutting Dubois 5.61 northwest corner a 3.37 northwest corner restricted to passive recreation 2 . eastern boundary, Hinesburg Road buffer TOTAL ACRES 12.99 City owned open space i aldS��lO ---- -- ---- _ �- C�fdv� _ }_ �. �n R��` M-1 ---------- WA-Af k2lf I ntl OAA, Le 14 --- --- - --- ---- ------- ) emu. in meAJv,, - hL ,`,q -- W)--- -- -- -- . . I No Text -D�� - "4uzbx cc�� 1 bo Et� JIAL,�-tjou-), vo t 1 %7 l : q�v ""Sa4w' L - )LANNED UNIT DEVELOPMENT CRITEk..) The Planning Commission shall evaluate any proposed Planned Unit Development according to the following standards and conditions: a. Will not result in undue water or air pollution. In making this determination the Planning Commission shall at least consider (1) the availability and capa- city of municipal sewer facilities or the nature of soils and subsoils and their ability to support waste disposal adequately, (2) the elevation of land above sea level and in relation to the flood plains, (3) protection of ground and surface waters, and (4) all applicable regulations of the health department and other State agencies. b. Does have sufficient water available for the reasonably foreseeable needs of the development. c. Will not cause unreasonable soil erosion or reduction in the capacity of the land to hold water so that a dangerous or unhealthy condition may result. d. Will not cause unreasonable highway congestion or unsafe conditions with re- spect to use of the highways, existing or proposed. e. Will not cause an unreasonable burden on the ability of the City to provide educational services and facilities. f. Will not cause an unreasonable burden on the ability of the City to provide municipal or governmental services and facilities. g. Will not have an undue adverse effect on the scenic or natural beauty of the \ area, is aesthetically compatible with existing buildings and site character- istics, and will protect rare and irreplaceable natural areas and historic sites. h. Will provide housing types, cost, and characteristics appropriate to the housing needs of various social and economic groups. i. Will provide convenient allocation and distribution of common open space in relation to proposed development and will conform with the City's recreation plan. j. Will provide efficient layout and high -quality installation, construction, and maintenance of streets and public facilities and will conform with the City's utilities plan. k. Will provide for cooperation with adjoining properties in the extension of roadways, drainage facilities, and utility lines. 1. Will maximize potential for energy conservation and solar energy use via appropriate site layout and use of building materials. m. Will conform with the City's comprehensive plan. 19.152 Density -Calculations Maximum density for a Planned Unit Development shall not exceed the permitted density for the district in which the development is located. Permitted density for a development shall be determined as follows: a. A base density shall be established by estimating the buildable area of the land to be developed (excluding ss areas with excessively steep slopes, excessive wetness, and within floodplain and CO districts), subtracting 15% for roadways, and multiplying the remaining area times the permitted density per acre for the district. b. Density increases may be permitted up to the normal maximum per district according to the degree to which the development satisfies the general standards listed in Section 19.151 and the specific standards for a PUD in a given district. 19.153 Open Space Open space or common land shall be in a location or locations, size and shape approved by the Planning Commission. Any open space resulting from a Planned Unit Development shall be protected by appropriate legal mechanisms to insure its maintenance and appropriate use. Such mechanisms include but-are'not limited to covenants and a homeowners' association, transfer or dedication for compatible municipal use (e.g. parkland, underground utility easements, pedestrian ease- ments, etc.) or long term lease for recreational uses or for cams ercial agriculture. 19.154 Specific Standards A Planned Unit Development shall be reviewed under the specific standards for the district in which it is proposed. 19.155 Other Conditions a. The application for a Planned Unit Development shall specify reasonable time periods. within which each section of development may be started and coirpleted. The timetable shall be approved by the Planning Commission. b. Each application shall be prepared in accordance with the specifications of the City subdivision regulations, site plan requirements, and such other data or infor- mation as the Planning Ccmmission may require. (46) ��a � -- I �.IZ �l PUBLIC REARING SOUTH BURLINGION PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room15575 Dorset 30Sttre t, South Burltngton, Vermont on Tuesday, jep±,p pr 1985, 5 following: R zonin of two properties at 3065 and 3069 Williston Road from R 4 to Industrial Commercial Properties are owned by Byron and Jan Hills and Richard and Barb Thompson and are bounded on the north by Williston Road, on the east by properties owned by Lawrence and Shirley Roberts and William J. Szymanski, on the south by Paul and Nancy Godard and on the west by Shunpike Road. 2 Final Plat a lication of R. Echo, a ent for conversion of existing 2-family home to a 4 unit multi -family dwelling located at 62 East Terrace. Property is owned by C. Cannata and D. Chace and is bounded by properties of DeForge , D. George,the City of South , _._-L__ _-A U-,r-+- TOrra!-P Copies of the applications are available for public inspection at the South Burlington City —Ha 11 - Sidney B. Poger Chairman, South Burlington Planning Commission August 31, 1985 e Lau�ms,s State of Vermont .Yt .. Public Building Permit CASE NO. PB-4-1246 APPLICANT Semicon Components, Inc. ADDRESS 1000 Hinesburg Road So. Burlington, VT 05401 LAWS/REGULATIONS INVOLVED Chapter 4, Public Buildings Appendix A, Design Guidelines This project, consisting of relocating exterior sewer services for and to construct a 40,320 square foot addition to the building approved in Certification of Compliance 4CO473 to now house Lane Press, Inc., located at 1000 Hinesburg Road in the City of So. Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. GENERAL (1) This Permit does not constitute Act 250 approval under Case Number 4C0473-3. (2) This Permit does not relieve you, as applicant, from obtaining all approvals and permits as may be required from the Act 250 District Environmental Commission, the Department of Labor and Industry (phone 828-2106), the Vermont Department of Health (phone 863-7220), and local officials PRIOR to construction. (3) The project must be completed as shown on the "Plot Plan of Land of Semicon Components, Inc." dated Nov. 19, 1986, Sheet S2 "Site Utilities" dated Nov. 19, 1986, Sheet S4 "Job No. 8683" dated Nov. 19, 1986 and Sheet F2 dated November 19, 1986 prepared by Adams Construction Co., Inc., and which have been stamped APPROVED by the Division of Protection. No changes shall be made to the approved plan without prior written approval from the Agency of Environmental Conservation. (4) A copy of the approved plans and the Permit shall remain on the project during all phases of construction and, upon request, shall be made available for inspection by State or local personnel. (5) All conditions set forth in Permit number 4C0473, shall remain in effect except as amended or modified herein. WATER SUPPLY (6) The project is approved for connection to a municipal type water system approved by the Department of Health provided that all construction is in accordance with the approved plans and the Environmental Protection Rules, Effective September 10, 1982. SEWAGE, DISPOSAL (7) The project is approved for connection to a municipal sewage collection system. The work shall be done in accordance with the Environmental Protection Rules, Effective September 10, 1982. (8) A professional engineer, registered in the State of Vermont, is to generally supervise the construction of the sanitary sewer line extensions and, upon completion of construction, the supervising engineer is to submit to the Protection Division a written certification stating all construction has been completed in accordance with the stamped approved plans. The engineer's certification is to be submitted to the Division prior to the occupancy of any unit and the certification shall include, but not be limited to, the numerical 'results of all leakage testing performed on each section of the sanitary sewer extension and all manholes, as described in Appendix A, of the Environmental Protection Rules. Semicon Components, Inc. PB-4-1246 Public Building Permit Page 2 PLUMBING (9) No alterations to the existing building which would change or affect the interior waste plumbing, water supply, or wastewater disposal shall be allowed without prior review and approval from the Agency of Environmental Conservation. (10) No interior plumbing, either waste or water distribution,, is permitted in the 40,320 square foot addition without first receiving written authorization from the Agency of Environmental Conservation. Dated in the Village of Essex Junction, Vermont this 22nd day of December, 1986. FOR THE DIVISION OF PROTECTION cs� t-�Gksv1��"ri Ernest P. Christianson Re onal Engineer cc: Donald Robisky Town Planning Commission Katherine Vose Dept. of Health Dept. of Labor and Industry Adams Construction Co., Inc. Lane Press, Inc. State of Vermont �N' ivision Permit CASE NO. EC-4-1060-1 APPLICANT Oak Creek Investments ADDRESS 200 Twin Oaks Drive South Burlington, VT 05403 LAWS/REGULATIONS INVOLVED Chapter 3, Subdivisions This project, consisting of removing condition #8 of Subdivision Permit EC-4-1060 to allow for the conveyance and/or construction of one single family residence on each of the 115 residential lots located off VT. Route 116 in the City of South Burlington, Vermont, is hereby approved under the requirements of the regulations named above, subject to the following conditions. THIS PERMIT DOES NOT CONSTITUTE ACT 250 APPROVAL UNDER CASE NUMBER 4CO694-1. GENERAL (1) This Permit does not relieve you, as applicant, from obtaining all approvals and permits as may be required from the Act 250 District Environmental Commission, the Department of Labor and Industry (phone 828-2106), the Vermont Department of Health (phone 863-7220), and local officials PRIOR to construction. (2) The subdivision must be completed as shown on the Plans which have been stamped APPROVED by the Division of Protection in Subdivision Permit EC-4-1060 dated December 22, 1988. No changes shall be made to the approved plan without prior written approval from the Agency of Natural Resources. (3) Each prospective purchaser of any lot of the subdivision shall be shown a copy of the approved plot plan, the engineer's site report, and the Permit prior to conveyance. (4) This project has been reviewed and is approved for the construction of one single family residence on each of the approved lots No.l through 115. Construction of other type dwellings, including public buildings, duplexes, and condominium units, is not allowed without prior review and approval by the Agency, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. (5) All conditions set forth in Permit number EC-4-1060, dated December 22, 1986 shall remain in effect except as amended or modified herein. SEWAGE DISPOSAL (6) The project is approved for connection to the South Burlington Airport Parkway wastewater treatment facility for a maximum of 50,350 gallons of sewage per day. Dated this llth day of March, 1988 in the Village of Essex .Junction, Vermont. Patrick A. Parenteau, Commissioner Department of Environmental Conservation By Ernest P. Christianson cc: Donald Robisky Regional Engineer City of South Burlington Dana Farley Dept. of Health Dept. of Labor and Industry Robert Hood FitzPatrick-Llewellyn, Inc. State • * r y' �divisiOR tskrm-f N Wri - V+- TA of Vermont �� Permit CASE NO. EC-4-1060 APPLICANT Vt. Structural Steel Corp. ADDRESS 207 Flynn Avenue Burlington, VT 05401 LAWS/REGULATIONS INVOLVED Chapter 3, Subdivisions Appendix A, Design Guidelines This project, consisting of subdividing 100 +/- acres into 115 residential lots, numbered 1-115 and a 2.8 acre lot to be dedicated to the City of South Burlington located off Vt. Route 116 in the City of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. GENERAL (1) This Permit does not constitute Act 250 approval under Case Number 4C0694. (2) The subdivision must be completed as shown on the plans Project Number 86030, Sheet 1 of 6 dated Sept. 1986, Sheet 2 of 16 dated July 1986; revised 10-10-86, Sheet 3 of 1.6 dated July 1986, revised 10-9-86; Sheet 4 of 16 dated July 1986, last revised 10-21-86; Sheet 5 of 16 dated Sept. 1986, last revised 10-21-86; Sheet 6 of 16 dated July 1986; Sheet 7 of 16 dated July 1986; Sheet 8 of 16 dated July 1986; Sheet 9 of 16 dated July 1986; Sheet 10 of 16 dated Sept. 1986; Sheet 11 of 16 dated July 1986; Sheet 12 of 16 dated July 1986; Sheet 13 of 16 dated Sept. 1986 and Sheet 16 of 16 dated July 1986 prepared by FitzPatrick-Llewellyn Inc. and which have been stamped APPROVED by the Division of Protection. No changes shal-1 be made to the approved plan without prior written approval from the Agency of Environmental Conservation. (3) A copy of the approved plans and the Permit shall remain on the project during all phases of construction and, upon request, shall be made available for inspection by State or local personnel. (4) Each prospective purchaser of any lot of the subdivision shall be shown a copy of the approved plot plan, the engineer's site report, and the Permit prior to conveyance. (5) This project has been reviewed and is approved for the construction of one single family residence on each of the approved lots No. 1 through 115. Construction of other type dwellings, including public buildings; duplexes, and condominium units, is not allowed without prior review and approval by the Agency, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. (6) By acceptance of this permit, the permittee agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental and health statutes and regulations and with the permit. (7) The 2.8 acre lot is not approved for the construction of any dwelling requiring the installation of interior plumbing or requiring the disposal of sewage without first receiving written permission from the Agency of Environmental Conservation. (8) Permission is granted for the construction of the sewer and water main extensions in accordance with conditions numbered 9 and 10 of this permit. No lot shall be conveyed, nor shall any homes be constructed without prior written approval by the Protection Division and approval will not be granted until the Protection Division receives written confirmation from both the City of South Burlington and the Agency of Environmental Conservation stating the Airport Parkway sewage treatment facility has the reserve capacity for the specific lot to be conveyed or constructed upon. Vt. Structural Steel Corp. EC-4-1060 Subdivision Permit Page 2 WATER SUPPLY (9) The water main extension is approved provided the water main extension is constructed in strict accordance with the Department of Health's "Letter of Approval" to Mery Brown dated December 16, 1986. SEWAGE DISPOSAL (10) A professional engineer, registered in the State of Vermont, is to generally supervise the construction of the sanitary sewer line extensions and, upon completion of construction, the supervising engineer is to submit to the Protection Division a written certification stating all construction has been completed in accordance with the stamped approved plans. The engineer's certification is to be submitted to the Division prior to the occupancy of any unit and the certification shall include, but not be limited to, the numerical results of all leakage testing performed on each section of the sanitary sewer extension and all manholes, pump stations and force main as described in Appendix A, of the Environmental Protection Rules. Dated in the Village of Essex Junction, Vermont this 22nd day of December, 1986. FOR THE DIVISION OF PROTECTION Ern t P. Christianson Re tonal Engineer cc: Donald Robisky Town Planning Commission Katherine Vose Fitzpatrick -Llewellyn FITZPATRICK-LLEWELLYN INCORPORATED CORPORServicTED Engineering and One Wentworth Drve VERMONT105495 WILLIS-TON, (802) 878-3000 _ t WE ARE SENDING YOU 0 Attached ❑ Under separate cover via—/ ❑ Shop drawings ❑ Prints I I Plans ❑ Copy of letter ❑ Change order [,j i g'E4UFa 01F ff IR32RASIOa1 JOB NO. %-I0 L ATTENTION L, S� —_the fol%n„ving items: ❑ Samples ❑ Specifications COPIES DATE NO. DESCRI ON E>ctiIc. GveeIL �,�Il<< e_ V-1VL, i IaJ- re4-.-rcLa40LL l�u l A� c5 "z=�4 IZ frf-vl5eet I J�io `51 I ! "I�? L� ic'velc F►7�" �� etaLa'�vt�;�cl IL 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 �,►� P' t-C to (IrL-LA a` COPY TO SIGNED: PRODUCI 240t Ees Im., Gmtm, Ron 01471. If enclosures are not as noted, kindly notify us at once. FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive • Williston • Vermont • 05495 • (802) 878-3000 19 August 1997 [Is. Rose Paul District 4 Environmental Commission Ill West Street Essex Junction, VT 05452 RE: LDB/Oak Creek Village: L.U.P. Application # 4CO694 File: 97062 Dear Ms. Paul: We are hereby submitting revised detailed construction drawings of the above -referenced Project for the Commission's approval. As a result of the Commission's findings stated in a memorandum to all parties dated 10 March 19EI7, the Project has been re designed. These plans provide for a 200-ft. buffer strip along Vt. Route 116. Included in this buffer area are six-foot high berms, landscaping and fencing. As a result of this revision, several minor changes had to be made to the original design. Specifically, the total number of lots has been reduced from 115 to 113, with the developer seeking approval for - Units 1 through 96 with this application. The overall conceptual layout has remained the same, with one proposed access point onto Route 116, and two access points to the adjacent Butler Farms development. As you will observe, we have eliminated one cul-de-sac and extended Street "C" to join Street "B". With the exception of Street "A", all streets now interconnect with each other and there are no "dead ends". The treatment of waste -water, stormwater runoff, and the supply of water is consistant with the previous submission and reflects the reduction of two dwelling units. The 6.17 acres of open space created by the 200-ft. buffer strip, as well as the remaining 14.15 acres of non -developed land in the AgR district, shall be deeded to the City of South Burlington. Design • Inspection 9 Studies • Permitting 0 Surveying Ms. Rose Paul 19 August 1987 File: 97062 Page Two The current owner of record is LDB Development, 200 Twin Oaks Terrace, Suite 1, South Burlington, VT., as recorded in the South Burlington City Clerk's office 12 December, 1986 in Volume 219, Pages 392-394. We hope that the Commission finds the revised design and proposed landscaping acceptable. Should you need clarification on .any of the above issues, please contact this office. Sincerely, F I TZPATR I CCK% / -� LLEWE�L�LY�N%INCORPORATED a)" cc Mery Brown City of South Burlington Chittenden County Regional Planning FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services I FITZPATRICK-LLEWELLYN INCVr(PORATED Engineering and Planning Services One Wentworth Drive WILLISTON, VERMONT 05495 (802) 878-3000 To �od++ � �i•�� IR [LEMEM of TIUM UMU DATE �y . / ^ , �. C•I� JOB NO. ,r1C/Jj7 ) C/•17 ATTENTION N RE: 1r P e�T AIG 'YZ k. c �" ajtSeD fiL 25� WE ARE SENDING YOU L7 Attached ❑ Under separate cover via ►mPt.S '��? the following items: ❑ Shop drawings ❑ Prints ❑ Plans El Samples ❑ Specifications Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION Cjt+a ) 1>ign .Y1 S I �1✓O Del ki �-r Ott, THESE AREx TRANSMITTED as checked below: For approval ElApproved 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 COPY TO �� L�� C�` "/ '►'CX-� 1/U SIGNED: VCf 203 ®Ma,G N,MW 01471. It enclosures are not as noted, kindly notify us at once. FITZPATRICK-LLEWE LLYN INCOA .IATED Engineering and Planning Services One Wentworth Drive WILLISTON, VERMONT 05495 (802) 878-3000 TO �� L Q Lt i�C. TE�I,_1 Q KI E� salt �.1�-.-rotil VT WE ARE SENDING YOU XAttached ❑ Under separate cover via_ E� Shop drawings Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ maul" ors ualun- wr u& DATE ^ • -LQ 'S - JOB NO. S Co O �D ATTENTION RE: the following items: El Samples El Specifications COPIES DATE NO. DESCRIPTION V-C\jeJSVL THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use xAs requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS Approved as submitted ❑ Approved as noted ❑ Returned for corrections 1-1 ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints 19 El PRINTS RETURNED AFTER LOAN TO US Y^ea l)cv^evu_eA- . � - COPY TO PRODUCT 240-2 (MesJ Inc.. Groton. M— o1a71 SIGNED: If enclosures are not as noted, kindly notify us at once. FITZPATRICK-LLEWELLYN INCd,.. JRATED Engineering & Planning Services The Kiln - 15 Brickyard Road ESSEX JUNCTION, VERMONT 05452 (802) 878-3000 TO '�j O. F-:" 4,'z L . -PL .., Q Kj I — WE ARE SENDING YOU X Attached ❑ Under separate cover via [ cruLA of crmuznnuuR, DATE � I I � r � I JOB NO. ATTENTION S the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order )' 2 VLzDa V A.5LE M--�' L 42S COPIES DATE NO. DESCRIPTION �v( $V Ibq I LOP-1, 0 Vc1a-(>we+\f I JAI `to ila�2 11 I J U1 86 Ibgo II - I ,u1 Jul S is I -1'6 Z M + SGeI I a.,.k a 0-,as- I JL)I b 19 -4 0L,eA6—U -bL t7loc� 1;;0-C 8to Ca IL Cree lc- Vi I1a -- 7F+vNa-- P tot* THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use xAs 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: I PRODUCT 240-; AE s Inc., Oromn, Mess. 0I471_ If enclosures are not as noted, kindly notify us at once. i le- V+.5tYue.skcet STATE OF VERMONT ENVIRONMENTAL BOARD DISTRICT ENVIRONMENTAL COMMISSION # 4 111 West Street Essex Junction, Vt. 879-6563 MEMORANDUM TO: All Parties j� 1 FROM: Katherine M. Vose, District #4 Act 250 Coordinator �1G I DATE: March 10, 1987 RE: Application #4C0694 LDB Incorporated South Burlington The Commission has conducted its initial cation, as revised, for the construction utilities to serve 99 residential lots. in South Burlington. deliberations with respect to this appli- of approximately 7200 feet of roads and The property is located off of Route 116 The Commission has determined that the proposed location of homes along Route 116 constitutes an adverse aesthetic impact because the open space standard set by the Butler Farms project to the south is not continued, because the placement of the rear of the homes to Route 116 does not continue the existing standard of the area, and because the proposed berms and landscaping are not sufficient to mitigate this impact. The Commission asks that the Applicant let the Commis- sion know if they will submit a revised plan addressing this adverse impact or have the Commission issue its decision. Of note is the fact that the Agency of Environmental Conservation Subdivision Permit permits only the construction of sewer and water lines until written confirmation of sewage treatment plant capacity is received. No lots may be con- veyed and no homes constructed until. this confirmation has been received and an amended Subdivision Permit has been issued. Page 2 Memorandum March 10, 1987 The Commission anticipates incorporating the standard and usual permit conditions. Special permit conditions will include additional erosion control requirements given the proposed stream rechannelization, disapproval of the proposed future easements crossing the agricultural soils, a continuation of jurisdiction over lands to be transferred to the City, and the requirement that confirmation of sewage treatment capacity and an amended Subdivision Permit be received prior to the conveyance of any lot or the construction of any home. I have spoken with the Applicant's consultant and the following information will be forwarded to complete the Commission's record: the proposed project phasing by lots; a site plan indicating the land area to be deeded to the City; the revised erosion control plans which were given to the Soil Conservation Service; the deed recording information of LDB's ownership; an explanation of the maintenance of the common land by the homeowners; and a diagram of the exterior lighting fixtures to be installed and acceptable to the City. Please feel free to call me if you have any questions. KMV/aml :r STATE OF VERMONT ENVIRONMENTAL BOARD DISTRICT ENVIRONMENTAL COMMISSION #4 111 West Street Essex Junction, Vermont 879-6 63 MEMORANDUM TO: All Parties P FROM: M. Rose Paul, Assistant to the Coordinator for Katherine M. Vose, District #4 Coordinator RE: Application #4C0694 LDB Incorporated Oak Creek Investments South Burlington DATE: May 8, 1987 The Commission has reviewed the revised landscaping plans for Oak Creek Village in South Burlington. These plans, marked Exhibits #89 and #90, show a buffer zone enlarged to 200 feet wide, parallel to Route 116. The Commission accepts the design of the wider buffer zone as mitigation for the undue adverse aesthetic impact of the project upon the open space quality of the area. However, the Commission is still concerned that if Route 116 is widened, the backyards of houses on lots #1 through #13 will be too visible from the road. Therefore, the Commission requests that the final landscaping plans show: 1) a 200 foot wide buffer zone along Route 116; 2) berms installed in this buffer zone which are not closer than 50 feet to Route 116, and which are installed close to this 50 foot setback; (In other words, the berms will not be affected by road widening acti- vities but they will be placed with enough distance from the lot lines that they will provide maximum screening from Route 116.) 3) these berms should be at least 6 feet high, and should have denser plant- ings, with a greater percentage of conifers, than the berms shown in landscaping plans titled "Buffer Zone Design, Typical" (1 of 2) and "Buffer Zone Cross -Sections" (2 of 2), dated 3/87 by Fitzpatrick - Llewellyn, Inc. (Exhibits #85 and #86). Page 2 Memorandum May 8, 1987 This revised landscaping design will sufficiently mitigate the undue adverse aesthetic impacts described above. Thank you for your ongoing cooperation in the Act 250 review process. If you would like to discuss the Commission's recommendations please do not hesitate to call me. MRP/aml TO: FROM RE: DATE: 1. 2. 3. *uutb Nurltngtun Nire Depar mmt 575 Bernet Itreet —*nutb Burlington, Vermont 05481 1 OFFICE OF JAMES W. GODDETTE, SR. CHIEF (802) 658-7960 MEMORANDUM $0. BURLINGTON PLANNING COMMISSION CHIEF GODDETTE PLANS REVIEWED 8-4-87 Farrell Distributing Proposed Garage Plans reviewed and at this time the only problem I see is one hydrant in needed to be relocated. I did meet with Mark Lucas on the change. LBD Development Hinesburg Road No problem found at this time on the lay out of the lots but more information is needed on the water system and hydrant layout. Summer Woods Development Patchen Road The only problem I see at this time on this project is with the building units 41 to 46 we do not have proper access for equipment. 4. Ethan Allen Farm Phase 3 At this time I do not see a problem for the fire department in given fire protection. STATE OF VERMONT ENVIRONMENTAL BOARD DISTRICT ENVIRONMENTAL COMMISSION # 4 111 WEST STREET ESSEX JUNCTION, VT. 879-6563 TO: All Parties L FROM: Robert W. Lichvar, District #6 Coordinator DATE: October 29, 1987 RE: Protective Covenants, LDB Incorporated, South Burlington On October 29, 1987 the Commission reviewed the above referenced permit and hereby approves the newly submitted covenants. These covenants now meet the requirements set forth by the Commission. Administrative Amendment #4C0694-A was issued on October 1, 1987 stating that the grantee and its successors and assigns to maintain the agricultural potential of the retained primary agricultural soils at least once a year. These retained lands are therefore protected by minimum mowing covered by this action. RWL/aml �r SPOKES, FOLEY & STITZEL ATTORNEYS AT LAW 239 SOUTH UNION STREET P. O. BOX 986 BURLINGTON, VERMONT 05402-0986 RICHARD A. SPOKES JAMES D. FOLEY STEVEN F. STITZEL RICHARD F. PETERSON, JR. November 19, 1987 Mrs. Jane LaFleur City Planner 575 Dorset Street South Burlington, VT 05403 Re: Oak Creek Investments Dear Jane: (802) 862-6451 (802) 863-2857 Enclosed please find an executed Partial Discharge regarding the Oak Creek Investments mortgage with the Bank of Vermont. This should be recorded in the City's Land Records, and releases the various interests to be dedicated to the City. Very trtruly " yours, CRicha po es RAS:miI Enclosure CC: Robert Roesler, Esq. Mervin Brown -14 City of South Burlington 575 DORSET STREET ~ SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 February 19, 1988 Mark L. Sperry Langrock Sperry Parker and Wool 275 College Street P.O. Box 721 jurlington, Vermont 05402-0721 Dear Mr. Sperry: AIW) ZONING ADMINISTRATOR Enclosed is a copy of a letter to Mery Brown regarding the sewer allocation for Oak Creek Village. The capacity for these units is now available at the Airport Parkway Treatment Plant. Please call me if you have any further questions. Sincerely, J� Jane B. Lafleur, City Planner JBL/mcp PLANNER 658.7955 City of South Bul-lltlbtoll 575 DORSET STREET SOUTH BURLINGTON. VERMONT 05403 December 16, 1987 Mery Brown Valiant Construction Company 200 Twin Oaks Terrace Suite #1 South Burlington, Vermont 05403 Re: Oak Creek Village, Sewer Allocation Dear Mr. Brown: ZONING ADMINISTRATOR 658.7958 The South Burlington Planning Commission granted a 50,400 gallon per day sewer allocation for 112 single-family lots at Oal: Creels Village. These are to be phased with 50 lots (22,500 gallons per day) in the first ,year. The expansion of the Airport Parkway Treatment Plant is now on line and capacity is available for ,your project. Please call me if you have any questions. Sincerely, Jane B. Lafleur, J City Planner Jf3L/mcP MIDDLEBURY: PETER F. LANGROCK JON C. STAHL (1940-1985) ELLEN MERCER FALLON WILLIAM B. MILLER, JR. JAMES W. SWIFT EMILY J. JOSELSON JOHN F. EVERS SUSAN M. MURRAY JOHN L. KELLNER ANNA E. SAXMAN LANGROCK SPERRY PARKER & WOOL ATTORNEYS AT LAW A PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION MIDDLEBURY 15 S. PLEASANT STREET P.O. DRAWER 351 MIDDLEBURY, VERMONT 05753-0351 802-388-6356 February 11, 1988 Jane LaFleur City Planner City of South Burlington 575 Dorset Street S. Burlington, VT 05403 Dear Jane: BURLINGTON 275 COLLEGE STREET P.O. Box 721 BURLINGTON, VERMONT 05402-0721 802-864-0217 BURLINGTON: MICHAEL W. WOOL FRED I. PARKER MARK L. SPERRY LIAM L. MURPHY THOMAS Z. CARLSON REPLY TO: BURLINGTON OFFICE I represent a purchaser of five lots in the Oak Creek subdivision on Hinesburg Road. 'DlLuW I expect that some of these lots will close before completion of the roadways and utility lines, and I am therefore obviously concerned that there be bonding in place to complete construction of these facilities. I therefore would appreciate you sending a copy of whatever performance bond is in place and letting me know what the city engineer's estimated cost for completion of these facilities is. For your information, my client is purchasing a lots 46, 47, 70 and 63 and 64. I also see in the planning commission approval a provision that no house construction shall begin prior to availability of sewer capacity, which is mirrored by a provision in the developer's Act 250 permit that there be no sale of any lot and no construction of any home until the developer has received written corfirmatioIi of wastewater treatment facility capacity from the City of South Burlington and Agency of Environmental Conservation and a subdivision permit amendment is incorporated into the Act 250 permit by an administrative amendment. Can you help me with the issue of sewer capacity. Obviously I am concerned to nail down prior to the first closing the fact that t there will not be a problem connecting to the sewer. Jane LaFleur February 11, 1988 Page Two I would like to inquire as to the practice of the City in issuing zoning permits (as opposed to building permits) upon the division of land in a subdivision. 24 V.S.A. Ch. 117 prohibits "land development" without a zoning permit, and land development is broadly defined to include not only construction, but the division of land into two or more parcels. However, I know that some municipalities take the position that the filing of a subdivision plat creates the division of land, so that no "permit to divide" is necessary. Please let me know the City's practice on this issue, so that if zoning permits are necessary prior to the transfer of the lots I can ask the developer to apply for them. Thanks for your assistance. Sincerely yours, Mark L. Sperr MLS:lb cc: Bob Waite Y��-,MCL oJil State of Vermont AGENCY OF ENVIRONMENTAL CONSERVATION Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Water Resources & Environmental Engineering Natural Resources Conservation Council May 17, 1988 Charlie Van Winkle FitzPatrick - Llewellyn, Inc. One Wentworth Drive Williston, VT 05495 Department of Water Resources and Environmental Engineering Essex Junction Regional Office 111 West Street Essex Junction, Vermont 05452 RE: Application EC-4-1060-2 (Act 250 Case 4CO694-2); Pump Station Re -Design, Oak Creek Investments, Hinesburg Road, South Burlington, Vermont. Dear Mr. Van Winkle, On May 4, 1988, I discussed a concern I had regarding the pump station design referenced above with Mr. Douglas FitzPatrick, P.E.. My concern is that the elevation's for the first pump on, second pump on and alarm level within the wet well are set above the floor elevations for the storage tanks. Mr. FitzPatrick and I went through a series of calculations to determine the float levels with respect to the anticipated dose volumes. It may be that the floatelevation's need only be modified without actually revising the plans. Please forward to me your opinion so that I can complete my review. Should you have any questions, please call me. Sincerely, Ern t P. Christianson Re tonal Engineer cc: Louis Borie City of South Burlington Oak Creek Investments StState of Vermont W State Permit CASE NO. EC-4-1060-2 APPLICANT Oak Creek Investments ADDRESS 200 Twin Oaks Terrace So. Burlington, VT 05403 LAWS/REGULATIONS INVOLVED Chapter 3 - Subdivisions Appendix A - Design Guidelines This project, consisting of re -designing the pump station previously approved in Subdivision Permit EC-4-1060 for a 115 lot subdivision located off Route 116 in the City of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. This Permit does not constitute Act 250 approval under Case Number 4C0694-2 GENERAL (1) This permit does not relieve you, as applicant, from obtaining all approvals and permits as may be required from the Act 250 District Environmental Commission, the Department of Labor and Industry (phone 828-2106), the Vermont Department of Health (phone 863-7220), and local officials PRIOR to proceeding with this project. (2) The project shall be completed as shown on the plans Project Number 87062 Sheet 5 of 23 dated July 1987 last revised 3-3-88; and Sheet 15 of 23 dated Feb. 1988 prepared by FitzPatrick-Llewellyn, Inc. and which have been stamped "approved" by the Division of Protection. The project shall not deviate from the approved plans without prior written approval from the Division of Protection. i3) Each prospective purchaser of each lot shall be shown a copy of the approved plot plan and this Subdivision Permit prior to conveyance of the lot. (4) All conditions set forth in Subdivision Permit #EC-4-1060 dated December 22, 1986 and EC-4-1060-1 dated March 11, 1988 shall remain in effect except as modified or amended herein. Patrick A. Parenteau, Commissioner Department of Environmental Conservation By Ernest P. Christianson Regional Engineer Dated at Essex Jct., Vermont this _� day of "/ e- 1988. cc: Donald Robisky City of So. Burlington J Louis Borie Dept. of Health Dept. of Labor & Industry Robert Hood FitzPatrick-Llewelly, Inc. 4ef State of Vermont. �ivision Permit CASE NO. EC-4-1060-1 APPLICANT Oak Creek Investments ADDRESS 200 Twin Oaks Drive South Burlington, VT 05403 LAWS/REGULATIONS INVOLVED Chapter 3, Subdivisions This project, consisting of removing condition #8 of Subdivision Permit EC-4-1060 to allow for the conveyance and/or construction of one single family residence on each of the 115 residential lots located off VT. Route 116 in the City of South Burlington, Vermont, is hereby approved under the requirements of the regulations named above, subject to the following conditions. THIS PERMIT DOES NOT CONSTITUTE ACT 250 APPROVAL UNDER CASE NUMBER 4C0694-1. GENERAL (1) This Permit does not relieve you, as applicant, from obtaining all approvals and permits as may be required from the Act 250 District Environmental Commission, the Department of Labor and Industry (phone 828-2106), the Vermont Department of Health (phone 863-7220), and local officials PRIOR to construction. (2) The subdivision must be completed as shown on the Plans which have been stamped APPROVED by the Division of Protection in Subdivision Permit EC-4-1060 dated December 22, 1988. No changes shall be made to the approved plan without prior written approval from the Agency of Natural Resources. (3) Each prospective purchaser of any lot of the subdivision shall be shown a copy of the approved plot plan, the engineer's site report, and the Permit prior to conveyance. (4) This project has been reviewed and is approved for the construction of one single family residence on each of the approved lots No.l through 115. Construction of other type dwellings, including public buildings, duplexes, and condominium units, is not allowed without prior review and approval by the Agency, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. (5) All conditions set forth in Permit number EC-4-1060, dated December 22, 1986 shall remain in effect except as amended or modified herein. SEWAGE DISPOSAL (6) The project is approved for connection to the South Burlington Airport Parkway wastewater treatment facility for a maximum of 50,350 gallons of sewage per day. Dated this llth day of March, 1988 in the Village of Essex Junction, Vermont. Patrick A. Parenteau, Commissioner Department of Environmental Conservation By YRgional est P. Christianson cc: Donald Robisky Engineer City of South Burlington Dana Farley Dept. of Health Dept, of Labor and Industry Robert Hood FitzPatrick-Llewellyn, Inc. State of Vc.rmont Departrent of Fish and Wildlife. Department of Forests, Parks and Recreation Department of Water Resources & (nvimnmental Engineering Natural Resources Conservation Council LTH Associates 1185 Shelburne Road So. Burlington, VT 05403 RE: PB-4-1451 Harbor View Comm. Care Home construction of a community care home on lots 7 & 8 of Bartlett subdivision Greetings: AGENCY Oh ENVIRONMENTAL CONSERVATION Department of Water Resources and Environmental Engineering Essex Junction Regional Office 111 West Street Essex J unction, Vermont 05452 March 14, 1988 We received your completed application for the referenced permit on March 8, 1988, including a fee of $0. This application falls under the Public Building: Greater than 1000 GPD Program Area, and under the Performance Standards for this program area, we have a maximum of 45 days of 'in-house' time for our review of your application. If we need further information from you in order to reach a decision on your application, the time we wait for your submittal of that information does not count against the allowable in-house time specified in the performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the permitted time of 45 days in-house, please contact this office at 879-6563. Sincerely, Brenda M. Gilmond Administrative Secretary cc: Krebs & Lansing South Burlington Planning Commission OL 0.�,aulv , t&1, + 5i�vck 53rcek SPOKES. FOLEY & STITZEL ATTORNEYS AT LAW 239 SOUTH UNION STREET P. O. BOX 986 BURLINGTON, VERMONT 05402-0986 RICHARD A. SPOKES (802) 862-6451 JAMES D. FOLEY (802) 863-2857 STEVEN F. STITZEL RICHARD F. PETERSON, JR. October 13, 1987 Robert B. Roesler, Esq. Roesler & Whittlesey P.O. Box 488 Burlington, VT 05402-0488 Re: Oak Creek Village Dear Bob: Enclosed please find drafts of the following proposed documents: 1. Irrevocable Offer of Dedication. 2. Utility Easement. 3. Pedestrian Easement. 4. Warranty Deed conveying a portion of Mill Pond Lane. 5. Warranty Deed conveying a portion of Moss Glen Lane. 6. Warranty Deed conveying a portion of Oak Creek Drive. 7. Warranty Deed conveying portions of Fox Run Lane, Oak Creek Drive, Mill Pond Lane and Moss Glen Lane. 8. Warranty Deed conveying 2.82 Acres for agricultural and passive recre- ation uses. 9. Warranty Deed conveying 10.34 open space area. 10. Warranty Deed conveying 67,157 sf open space area. 11. Warranty Deed conveying 6.17 open space area. 12. Pages 2 of 3 and 3 of 3 of the plan entitled "Oak Creek Village, South Burlington, Vermont, Final Plat" and referred to in the afore- mentioned instruments. Robert B. Roesler, Esq. October 13, 1987 Page 2 I propose to handle the drainage easements by including the following in the covenants: The Lot Owners shall be responsible for maintaining any area of their respective Lots depicted as "20' Drainage Easement" on the Final Plat, keeping such areas free of structures and debris and doing whatever is necessary to assure that such areas continue to function as a drainageway or swale. I am also sending copies of the enclosed to Jane LaFleur and Mery Brown, and asking each of you to let me know if there are suggested changes. Very truly yours, Richard A. Spokes RAS:mil Enclosures CC: Jane LaFleur, City Planner Mervin Brown IRREVOCABLE OFFER OF DEDICATION AGREEMENT by and between OAK CREEK INVESTMENTS, a Vermont limited partner- ship, hereinafter referred to as "Owner" and the CITY OF SOUTH BURLINGTON, hereinafter referred to as "Municipality". W I T N E S S E T H: WHEREAS, the Municipality's Planning Commission has approved a final subdivision plat entitled "Oak Creek Village, South Burlington, Vermont, Final Plat", dated Aug. 1987, last revised and prepared by Fitzpatrick -Llewellyn, Incorporated; and WHEREAS, the final approval of the Planning Commission dated September 23, 1986, as revised on July 28, 1987, contains a condition that the Owner convey to the Municipality the streets, utility easements, pedestrian easement and open lands depicted on the aforementioned final plat; and WHEREAS, the above described lands and/or interests 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 interests 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 deeds, the descriptive portions of which are attached as Exhibits A-J, said delivery constituting a formal offer of dedication to the Municipality to be held by the Municipality until the acceptance or rejection of each such offer of dedication by the legislative body of the Municipality. SPOKES, FOLEY & STITZEL ATTORNEYS AT LAW SURU NGTON, VERMONT 2. The Owner agrees that said formal offer of dedication is irrevocable and can be accepted by the Municipality at any time, individually or together. 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 at IN THE PRESENCE OF: STATE OF VERMONT CHITTENDEN COUNTY, ss. , this _ day of OAK CREEK INVESTMENTS , 1987. By: LDB, INC., the General Partner By: By: Mervin Brown Its Duly Authorized Agent CITY OF SOUTH BURLINGTON Its Duly Authorized Agent At _ , in said County, this day of , 1987, personally appeared Mervin Brown, duly authorized agent of LDB, Inc., the general partner of Oak Creek Investments, and he acknowledged the within instrument, by him signed, to be his free act and deed and the free act and deed of LDB, Inc., the general partner of Oak Creek Investments and Oak Creek Investments. Before me, Notary Public STATE OF VERMONT CHITTENDEN COUNTY, as. At _ in said County, this day of 1987, 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. SPOKES, FOLEY & STITZEL ATTORNEYS AT LAW DURLINGTON, VURMONT Before me, Notary Public S -2- UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that OAK CREEK INVESTMENTS, a Vermont limited partnership with principal offices in South Burlington, in the County of Chittenden, State of Vermont (Grantor), for good and valuable consideration, the receipt of which is hereby acknowledged, by these presents do GIVE, GRANT, SELL, CONVEY and CONFIRM unto the CITY OF SOUTH BURLINGTON, a Vermont municipality situated in the County of Chittenden, State of Vermont (Grantee) and its successors and assigns, an easement or easements in perpetuity, for the purpose of installing, repairing, maintaining, restoring and/or replacing sewer and/or waterlines, together with all appurtenances thereto, on, under and through the following property: Being those parcels of land depicted as "20' Utility Easement" and "30' Utility Easement" on a plan entitled "Oak Creek Village, South Burlington, Vermont, Final Plat" dated Aug. 1987, last revised by Fitzpatrick -Llewellyn, Incorporated and recorded in Map Book at Page of the Land Records of the City of South Burlington. Grantor, and its successors and assigns, shall have the right to make use of the surface of the land subject to this right of way easement such as shall not be inconsistent with the use of the easement by the within Grantee, but specifically shall place no structures, landscaping or other improvements within said right of way easement which shall prevent or interfere with the Grantee's ability to exercise its rights granted hereunder. The Grantee for itself and its successors and assigns agrees that any premises affected by its entry pursuant to this easement shall be restored to its condition prior to such entry at its own cost and within a reasonable time. SPOKES, FOLEY & STITZEL ATTORNEYS AT LAW BURLINGTON, VERMONT This easement may only be used for the purposes set forth in this deed and may only be assignable by the Grantee to a successor municipal corporation of the Grantee. TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the Grantee, its successors and assigns, to its own use and behoof forever; and the Grantor, for itself and its successors and assigns, does covenant with the Grantee, its successors and assigns, that until the ensealing of these presents, she is the sole owner of the premises and has good right and title to convey the same in the manner aforesaid, that it is FREE FROM EVERY ENCUMBRANCE; she hereby engages to WARRANTY AND DEFEND the same against all lawful claims whatever. Reference is hereby made to the aforementioned plan and the records thereof, and the references therein made all in further aid of this description. Dated at , this day of , 1987. IN THE PRESENCE OF: STATE OF VERMONT CHITTENDEN COUNTY, as. OAK CREEK INVESTMENTS By: LDB, INC., the General Partner By: Mervin Brown Its Duly Authorized Agent At , in said County, this day of 1987, personally appeared MERVIN BROWN, duly authorized agent of LDB, Inc., general partner of OAK CREEK INVESTMENTS, and he acknowledged the within instrument, by him signed, to be his free act and deed and the free act and deed of LDB, Inc. general partner of OAK CREEK INVESTMENTS and of OAK CREHZINVESTMENTS. SPOKES, FOLEY & STITZEL ATTORNEYS AT LAW BURLINGTON, VERMONT -2- Before me, Notary Public A828711 y� PROPERTY TRANSFER TAX RETURN NO. A 8�} 8 I E VEMONTPELIER VERMONRMONT DEPARTMENT OT 05602ES A. SELLER JRANSFERORI NAME(S) R (TRANSFEREE NAMEISI MAILING ADDRESS IN FULL - INCLUDING ZIP CODE MAILING ADDRESS IN FULL 05403 SOCIAL SECURITY NUMBER SOCIAL SECURITY NUMBER O CITY OF SOUTH BURLINGTON 1 575 Dorset St., So. Burlington, VT 05403 103-6002712 , • ' LOCATION (Such as "173 Maple St , Burlington" OR "The Smith Farm. Old Mill Road, Tunbridge") If property is located in two towns, please list both ZU Utility asement" and "30' Utility Easement" depicted on a plan entitled "Oak Creek Village- 2 South Burlington, Vermont Final Plat" dated Aug. 1987 If the buyers acquired tens than the entire interest IFee Simple) in the property Peale slate the interest acquired tsuch as Life Estate, Perpetual Easement etc I Perpetual Easement - sewer and waterlines APPROXIMATE LAND SIZE I ACREAGE: AND LOT SIZE: FRONTAGE. DEPTH. Please check the applicable boxtes) 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 ❑ OTHER (EXPLAINI Please check the category which best describes the use of the property BEFORE TRANSFER as shown to the GRAND LIST BOOK 1 ❑ PRIMARY RESIDENCE 2 ❑ TIMBERLAND 4 ❑ GOVERNMENT USE 6 OPEN LAND 8 ❑ OTHER (EXPLAIN) (excluding mobile tarries) ❑ 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 propeny AFTER TRANSFER 1 ❑ PRIMARY RESIDENCE 3 ❑ OPERATING FARM 5 ❑ COMMERCIAL 7 ❑ INDUSTRIAL g ❑ CAMP OR VACATION 2 ❑ TIMBERLAND 4 ❑ GOVERNMENT USE 6 (3 OPEN LAND B ❑ OTHER (EXPLAIN) THIS the sechon titled "TAX," but you MUST COMPLETE the section titled 'VALUE CITE EXEMPTION and EXPLAIN: Transfer to a Municipality R TAX It such an exemption is claimed, you need not complete REAL PROPERTY VALUE INCLUDES the value of any notes, property, stocks, bonds, etc. given to seller. and the value of any mortgages or bens assumed by the buyer It the Transfer a gilt or was for nominal consideration, give the estimated fair 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 $t 00 (FOR EXAMPLE IF THE VALUE WAS $10.000 THE TAX DUE IS $50.00; IF THE VALUE WAS $100 . THE TAX DUE IS $i .00). AMOUNT DUE ' 0 Make checks payable to VERMONT DEPARTMENT OF TAXES. • If there were circumstances in the Transfer which suggest that the price paid lot the property was either more or less than its fah market value, please explain a DATE SELLER ACQUIRED: / IF BY GIFT, DATE DONOR ORIGINALLY ACQUIRED: 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 INST UCTI NS Transfer to a MunicipaMy - utility easements Real Estate Broker's name (it any) If purchaser's principal residence exemption is claimed and purchaser fails to comply with exemption requirements, purchaser will be liable for full amount of Land Gains Tax. _ NOTE: Residents. Part -Year Residents, Non -Residents - If you realized a gain on the sale of your property that was included in your Federal Adjusted CERTIFICATE PURSUANT TO 32 V.S.A. §9606 (c) FOR SUBDIVISION REGULATIONS (18 V.S.A. §1218 et seq.) This transfer is in compliance with the Subdivision Regulations of the Agency of Environmental Conservation and any permits issued thereunder. Yes No 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) CREEK INVESTMENTS DATE -OAK B Duly Authorized Agent BUYERS) SIGNATURE(S) CITY OF SOUTH BURLINGTON DATE B Duly Authorized Agent 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. Yes No 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)] hereby swear and affirm that this certificate Is true and complete to the best of my/our 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 $500 or imprisonment for not more than one year. SELLER(S)SIGNAtURE(S) DATE SELLER(S)SIGNATURE(S) DATE OAK CREEK INVESTMENT •TT�� 77 rr-horized A Richard A. Spokes PHEPAREf� 9f(YNAf�itilt Ely - PREPARED TYPE) PREPARE R'SADDRESS P.O. R _ Burlington, VT OM3._— TOWWCITY DATE OF RECORD BOOK NUMBER LISTED VALUE S — MAP AND PARCEL NOS PAGE O GRAND LIST OF 19 RETURN RECEIVED TAX PAID, BOARD OF HEALTH CERTIFICATE RECEIVED VERMONT LAND USE AND DEVELOPMENT PLANS ACT CERT RETURN NOTE RECEIVED A 8 2 8 711 SIGNED CLERK DATE _ TOWN NUMBER FORM 1911 - VERMONT WARRANTY DEED e wurvcw.wr+. Q5- C111 a 1 OAK CREEK INVESTMENTS, a Vermont Limited partnership with principal offices in South Burlington in the County o/' Chittenden and State of Vermont Granter , in the consideration of --------------------------------Ten and more------------------------------ Dollars paid to its full satisfaction by CITY OF SOUTH BURLINGTON, a municipal corporation b f in the County of Chittenden and State of Vermont Grantee by these presents, do freely (6tur. Grunt, Sr11, (dnnaru Anb Tonfirm unto the said Grantee CITY OF SOUTH BURLINGTON, and its successors and assigns 4txxxxxxxxxxxxxxxforever, a certain piece of land in the City of South Burlington in the County of Chittenden and State of Vermont, described as follows, viz: That strip of land depicted as "20' PEDESTRIAN ACCESS TO CITY PARKLAND (PARCEL B) AREA = 1092 SF" on a plan entitled "Oak Creek Village, South Burlington, Vermont Final Plat" dated Aug. 1987, last revised by Fitzpatrick - Llewellyn, Incorporated and recorded in Map Book at Page of the Land Records of the City of South Burlington. Said 20 foot pedestrian access is situated between Lots 108 and 109 as depicted on said plan. Being a portion of the land and premises conveyed to the within Grantor by the Warranty Deed of Vermont Structural Steel Corporation dated December 11, 1986 and recorded in Volume 218 at pages 392 of the Land Records of the City of South Burlington. The within Grantor and its heirs, successors and assigns shall have the right to make use of the surface of the land subject to this right of way and easement such as shall not be inconsistent with the use of said right of way, but specifically shall place no structures, landscaping or other improvements within said easement and right of way which shall prevent or interfere with the within Grantee's ability to use, repair, replace and/or maintain said pedestrian easement. The within Grantee agrees that it will strive to construct and maintain said pedestrian pathway in as natural or landscaped state as possible to blend with the surrounding area, and the within Grantee shall be solely responsible for the maintenance, replacement, upkeep and repair of any pedestrian path created or installed. The within Grantee, and its successors and assigns, shall hold the within Grantor and its successors and assigns, harmless from any and all damage or claims which arise on account of the public use of the pedestrain easement herein conveyed. This conveyance is subject to the condition that no motorized or vehicular traffic including, but not limited to, motorcycles, trailbikes, snowmobiles or any other motorized traffic shall be allowed to utilize the pedestrian easement and such condition shall run with the land. Reference is hereby made to the aforementioned plan and the records thereof, and the references therein made all in further aid of this description. Ln lititir allb to BUD said granted premises, with all the privileges and ap- purtenances thereof, to the said Grantee, CITY OF SOUTH BURLINGTON, and its successors and assigns 2wtxjcxatxtxdtxxd$M, to their own use and behoof forever; ./1nd the said Grantor , OAK CREEK INVESTMENTS successors and assigns for itself and its/ hwo, e BxdiiMUWWMks, do covenant with the said Grantee CITY OF SOUTH BURLINGTON, and its successors and assigns hXf 7MAXMXkMs, that until the ensealing of these presents it is the sole owner of the prendses, and have flood riorht and title to conveu the same in manner aforesaid, that they are Nree Nram Enrrg £nrumbranrt; except as stated above; and it hereby engage to 39arrant And 19r%nit whatever, except as stated. it Witnrss Whrrrof. I this day of -41nres��tu�� L,t the same against all lawful claims hereunto set my hand and seal .4. D. 19 87 By: LDB, INC., General Partner MERVIN BROWN Otate Mf 11rrut nt, ,qt Burlington this QTuuntq of Chittenden day of ✓1. D. 19 87 Mervin Brown, duly authorized agent of LDB, INC., the general partner of Oak Creek Investments personally appeared, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed. and the free act and deed of LDB, Inc., the general partner of Oak Creek Investments and Oak Creek Investments. Before me ___-- _ to �4z W x H O ZO H o Z H H � U W r- 00 W u u. W O Y X w J U a O U w tr O a w W U w Notary Public � a 0= O J w tr_ W m 0 W 0 _j U F- O W N Q Z W O [n X 'I .J cts O Z Z W Z I J it 0 W Y Z tL�z O W W Q W 00 V IL Li W M 0 y N O `^ a J U o cr tl U) m x w 0 !- 0 F~- w A828713 PROPERTY TRANSFER TAX RETURN 7 N0. A 8 2 8 713 VERMONT DEPARTMENT OF TAXES MONTPELIER, VERMONT 05602 A. SELLER (TRANSFEROR) NAl i51 MAILING ADDRESS IN FULL INCLUDING ZIP CODE SOCIAL SECURITY NUMBER OAK CREEK INVESTMENTS 200 Twin Oaks So. Burlington, VT 05403 BUYER (TRANSFEREE) NAMEIS) MAILING ADDRESS IN FULL - INCLUDING ZIP CODE SOCIAL SECURITY NUMBER CITY OF SOUTH BURLINGTON 1575 Dorset St., So. Burlington, VT 05403 =3-6002712 • LOCATION (Such as " 173 Maple St . Burlington" OR "The Smith Farm, Old Mill Road. Tunbridge") If property is located in two towns, please list both. Zvi e es rian Acces to City Parkland (Parcel B) on a plan "Oak Creek Village, South Burlington, Vermont Final Plat" If the buyers acquired less than the entire interest (Fee Simple) ,n the property please state the interest acquired (such as Life Estate. Perpetual Easement etc 1 APPROXIMATE LAND SIZE- ACREAGE. 1092 s f AND LOT SIZE: FRONTAGE: DEPTH. Please check the applicable box(es) describing existing buildings 1 JtJ 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 ❑ OTHER (EXPLAIN) rqwmm Please Check the category which best describes the use of the property BEFORE TRANSFER as shown in the GRAND LIST BOOK 1 ❑ PRIMARY RESIDENCE 2 ❑ TIMBERLAND 4 ❑ GOVERNMENT USE 6 f] 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 wtkch best describes the proposed use of the property AFTER TRANSFER- 1 ❑ PRIMARY RESIDENCE 3 ❑ OPERATING FARM 5 ❑ COMMERCIAL 7 ❑ INDUSTRIAL g ❑ CAMPORVACATION 2 ❑ TIMBERLAND 4 ❑ GOVERNMENT USE 6 J1 OPEN LAND 8 ❑ OTHER (EXPLAIN) THIS SECTION MUST BE COMPLETED IF TRANSFER IS CLAIMED TO BE EXEMPT FROM PROPERTY TRANSFER TAX It such an exemption Is claimed, you need not complete the section tdied' TAX." but you MUST COMPLETE the section titled 'VALUE CITE EXEMPTION and EXPLAIN. Transfer to a Municipality REAL PROPERTY VALUE INCLUDES the value of any notes. property, stocks. bonds, etc. given to seller, and the value of any mortgages or liens assumed by the buyer It the transfer was a gift of was tot nominal consideration, give the estimated fair 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 SW.00: IF THE VALUE WAS $100 . THE TAX DUE IS S1 00) AMOUNT DUE ' 0 Make checks payable to: VERMONT DEPARTMENT OF TAXES If there were circumstances in the Transfer which suggest that the price paid for the property was either more or less than its fair market value, please explain. DATE SELLER ACQUIRED: 2 11 8 IF BY GIFT, DATE DONOR ORIGINALLY ACQUIRED: 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) Transfer to a Municipality - 20' Pedestrian Access to City parkland Real Estate Broker's name (it any): If purchaser's principal residence exemption is claimed and purchaser fails to comply with exemption requirements, purchaser will be liable for full amount of Land Gains Tax. NOTE: Residents, Part -Year Residents Non -Residents - If you realized a gain on the sale of your property that was included in your Federal Adjusted Gross Income, A Vermont Income Tax Return fit CERTIFICATE PURSUANT TO 32 V.S.A. §9606 (c) FOR SUBDIVISION REGULATIONS (18 V.S.A. §1218 et seq.) This transfer is in compliance with the Subdivision Regulations of the Agency of Environmental Conservation and any permits Issued thereunder. Yes No 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 $1000. OAKR(C)REEKuIISsVE$TMENTS oATE BuyITY slOryPTlS(�ftli BURLINGTON (B:y: r U1 DATE By: Duly Authorized Agent Duly Authorize gent 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. Yes No 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. 1/We [the Seller(s)] hereby swear and affirm that this certificate is true and complete to the best of my/our 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 $500 or Imprisonment for not more than one year. SELLER(S) SIGNATURE(S) OAK CREEK INVESTMENTS DATE SELLER(S) SIGNATURE(S) DATE B Dulyy authorized Agent Richard A. Spokes PREPARER'S SIGNATURE PREPARED BY P.O. Box 986 Burlington, VT 05OJT ORTYPEI PREPARER'S ADDRESS g • • ► • • ACKNOWLEDGEMENT TOWN NUMBER TOWIi RETURN RECEIVED TAX PAID, BOARD OF HEALTH CERTIFICATE RECEIVED. VERMONT LAND USE AND DEVELOPMENT PLANS ACT DATE OF RECORD CERTIFICATE RECEIVED BOOK NUMBER PAGE NO. RETURN NO A 8 2 8 713 LISTED VALUE S GRAND LIST OF 19 SIGNED CLERK PUB�iSMEU By FORM 1911 - VERMONT WARRANTY DEED 'E%P (��l RU=1�LM10. VERM[N1 US)Ot } Rnowall4u" Ell at OAK CREEK INVESTMENTS, a Vermont Limited partnership with principal Offices in South Burlington in the County Oj Chittenden and State of Vermont Grantor , in the consideration of --------------------------------Ten and more------------------------------ Dollars paid to its full satisfaction by CITY OF SOUTH BURLINGTON, a municipal corporation Q' in the County of Chittenden and State of Vermont Grantee by these presents, do freely (6{up, (firant. Srll, Tannru Anb Manfirm unto the said Grantee CITY OF SOUTH BURLINGTON, and its successors and assigns wydxxxxxxxxxxxxkxjm)arxdxaxkdw forever, a certain piece of land in the City of South Burlington in the County of Chittenden and State of Vermont, described as follows, viz: That portion of Mill Pond Lane depicted on a plan entitled "Oak Creek Village, South Burlington, Vermont, Final Plat" dated Aug. 1987, last revised by Fitzpatrick -Llewellyn, Incorporated and recorded in Map Book at Page of the Land Records of the City of South Burlington, which commences at the easterly line of Lot 77 as extended northerly to the southerly line of Lot 93 and proceeding in a general westerly and southerly direction as Mill Pond Lane to its junction with Moss Glenn Lane as depicted on the aforementioned plan. Being a portion of the land and premises conveyed to the within Grantor by the Warranty Deed of Vermont Structural Steel Corporation dated December 11, 1986 and recorded in Volume 218 at pages 392 of the Land Records of the City of South Burlington. Reference is hereby made to the aforementioned instruments and the records thereof and the references therein made all in further aid of this description. Lo liaur anb to Ralb said granted premises, with all the privileges and ap=- purtenances thereof, to the said Grantee CITY OF SOUTH BURLINGTON, and its successors and assigns AXWMW&ANigns, to their own use and behoof forever; .find the said Grantor, OAK CREEK INVESTMENTS and assigns for itself and its successorslAtkA, eax�caxa�mdcitt�raors, do covenant with the said Grantee CITY OF SOUTH BURLINGTON, and its successors and assigns hd=%vxkxaxj44,ns, that until the ensealing of these presents it is the sole owner of the premises, and have flood ri-dht and title to convey the same in manner aforesaid, that they are Nree Nrutu Energ £nrunthra ws: except as stated above; and it hereby engage to Warrant .flub ?Befenb whatever, except as stated. +lit 19itnrss Wrt-rof. I this day of Pmwitie of the same against all lawful claims hereunto set my hand and seal .4. D. 1987 OAK CREEK INVESTMENTS By: LDB, INC., General Partner MERVIN BROWN _ Its Duly -Authorized Agent *tut? (of 11eruwtd. lbs. .qt Burlington this aiauntit of Chittenden J day of .1. D. 1987 Mervin Brown, duly authorized agent of LDB, INC., the general partner of Oak Creek Investments personally appeared, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed. and the free act and deed of LDB, Inc., the general partner of Oak Creek Investments and Oak Creek Investments. Before rrce - -- - --- - --- - -- — -- - Notary Public LLJ u� II O I O W Y w J to W rn it Y C� N D: O U i_ W N u W z U (4o Z Z 2 0 W Z O LL- O = > U z � Z > O W t9 W NNO LL' U o CL W M Z Y j; w O Cr O I � N J O li w n W a. m } 0 W O F- O U r :r. m a PROPERTY TRANSFER TAX RETURN NO.A ® VERMONT DEPARTMENT OF TAXES MONTPELIER, VERMONT 05602 A. SELLER (TRANSFEROR) NAME(SI MAILING ADDRESS W FULL INCLUDING ZIP CODE SOCIAL SECURITY NUMBER OAK CREEK INVESTMENTS 200 Twin Oaks So. Burlington, VT 05403 BUYER (TRANSFEREE) NAMEIS) MAILING ADDRESS IN FULL - INCLUDING ZIP CODE SOCIAL SECURITY NUMBER CITY OF SOUTH BURLINGTON 575 Dorset St., So. Burlington, VT 05403 03-6002712 • ' LOCATION (Such as ''173 Maple St.. Burlington' OR "The Smith Farm. Old Mill Road, Tunbridge') If property is located in two towns, please list both. Pond. Lane, South Burlington (portion of) If Ili d r.ss mun n,a r:,l�_ .n. •pest (Fee Simple) in the propeny. please stale the interest acquired (such as Life Estate. -Perpetual Easement etc ) APPROXIMATE LAND SIZE: I ACREAGE AND LOT SIZE FRONTAGE: DEPTH: fr-pp Please check the applicable boxes) describing existing buildings 1 [:I 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 ❑ OTHER (EXPLAIN) Please check the category which best describes the use of the properly BEFORE TRANSFER as shown in the GRAND LIST BOOK 1 ❑ PRIMARY RESIDENCE 2 ❑ TIMBERLAND 4 ❑ GOVERNMENT USE 6 E4OPEN 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 ElCAMP OR VACATION 2 ❑ TIMBERLAND 4 ElGOVERNMENT USE 6 ❑ OPEN LAND 8 ® OTHER (EXPLAIN) Roadway • e THIS SECTION MUST BE COMPLETED IF TRANSFER IS CLAIMED TO BE EXEMPT FROM PROPERTY TRANSFER TAX It such an exemption is claimed, you need not complete the section tilled 'TAX.' but you MUST COMPLETE Ine section titled "VALUE." CITE EXEMPTION and EXPLAIN Transfer to a Municipality REAL PROPERTY VALUE INCLUDES the value of any notes, property, stock5. bonds. etc, given to seller, and the value of any mortgages or liens assumed by the buyer If the transfer was a gift or was for nominal consideration, give me estimated fair market value of the real properly 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 OU (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 30- 0 Make checks payable to VERMONT DEPARTMENT OF TAXES, If there were circumstances in the Transfer which suggest that the price paid for the property was either more or less than its fair market value. please expla,n • DATE SELLER ACQUIRED: IF BY GIFT, DATE DONOR ORIGINALLY ACQUIRED: 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.) Transfer toa Municipality for roadway purposes Real Estate Broker's name (it any). If purchaser's principal residence exemption Is claimed and purchaser fails to comply with exemption requirements, purchaser will be liable for full amount of Land Gains Tax. NOTE: Residents, Part -Year Residents, Non -Residents - If you realized a gain on the sale of your property that was included in your Federal Adjusted Gross Income, A Vermont Income Tax Return must be filed. CERTIFICATE PURSUANT TO 32 V.S.A. §9606 (c) FOR SUBDIVISION REGULATIONS (18 V.S.A. §1218 et seq.) This transfer is in compliance with the Subdivision Regulations of the Agency of Environmental Conservation and any pemTlts issued thereunder. Yes No 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. s SELLER(S) SIGNATURE(S) OAK CREEK INVESTMENTS GATE BUYER S Sir NAT RE S CITY 0P 96UTH BURLINGTON DATE B By: Duly Authorized Agent Duly Authorized Agent 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. Yes No If this property has ever received an Act 250 permit, please specify the permit # . if exempt, specify which nuibered stern from the instructions applies or, on a separate sheet, explain other circumstances. I/We [the Selier(s)) hereby swear and affirm that this certificate Is true and complete to the best of my/our 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 $500 or imprisonment for not more than one year. SELLER(S)SIGNATURE(S) DATE SELLEII SIGNATURE(S) DATE PREPAREr�IGf�IATURE horize�'gen��—� �FPARED BY Richard A. Spokes PREPARER'S ADDRESS P . O. BOX 986 , Burlington, VT ,(P�1NZ pR TYPE) ACKNOWLEDGEMENT TOWN NUMBER TOWWCITY RETURN RECEIVED TAX PAID. BOARD OF HEALTH CERTIFICATE RECEIVED VERMONT LAND USE AND DEVELOPMENT PLANS ACT DATE OF RECORD CERTIFICATE RECEIVED Q H O BOOK NUMBER PAGE NO RETURN NO A 8 LISTED VALUE $ GRAND LIST OF 19 SIGNED CLERK MAP AND PARCEL NOS DATE -- DEPARTMENT OF TAXES COPY roaus�Eo w ,y/�/ FORM 1911 - VERMONT WARRANTY DEED RUTLAND. VE-ONT O 7-1 j�it - inow� yenrMfuto� EIt U L+ OAK CREEK INVESTMENTS, a Vermont Limited partnership with principal offices in South Burlington in the County of Chittenden and State of Vermont Grantor , in the consideration of --------------------------------Ten and more------------------------------ Dollars paid to its full satisfaction by CITY OF SOUTH BURLINGTON, a municipal corporation Of in the County of Chittenden and State of Vermont Grantee by these presents, do freely (tiur. (grant. Sell, Manueu Ana Clonfirm unto the said Grantee CITY OF SOUTH BURLINGTON, and its successors and assigns a xxxxxxxxxxx)Agj xqDAx forever, a certain piece of land in the City of South Burlington in the County of Chittenden and State of Vermont, described as follows, viz: That portion of Moss Glen Lane depicted on a plan entitled "Oak Creek Village, South Burlington, Vermont, Final Plat" dated Aug. 1987, last revised _ _ by Fitzpatrick -Llewellyn, Incorporated and recorded in Map Book at Page of the Land Records of the City of South Burlington, which commences at the easterly line of Lot 60 as extended northerly to the southerly line of Lot 52 as depicted on the aforementioned plan and proceeding in a general easterly and northerly direction as Moss Glen Lane to the northerly line of Lot 41 as extended easterly to the westerly line of Lot 25 as depicted on the aforementioned plan. Being a portion of the land and premises conveyed to the within Grantor by the Warranty Deed of Vermont Structural Steel Corporation dated December 11, 1986 and recorded in Volume 218 at pages 392 of the Land Records of the City of South Burlington. Reference is hereby made to the aforementioned instruments and the records thereof and the references therein made all in further aid of this description. of Halle unto to liolb said granted premises, with all the privile jes and ap- purtenances thereof, to the said Grantee , CITY OF SOUTH BURLINGTON, and its successors and assigns &4mxwxtxxs*Vts, to their own use and behoof forever; Ind the said Grantor, OAK CREEK INVESTMENTS and assi for itself and its successor*vi=, exec*aRx x=nmimig�, do covenant with the said Grantee CITY OF SOUTH BURLINGTON, its successors heig and assigns, that until the ensealing of these presents it is the sole owner of the premises, and have food rilsht and title to eonveu the same in manner aforesaid, that they are ,Trer Prom Enerp fnrumbrantr, except as stated above; and it hereby engage to Warrant And flefrna whatever, except as stated. +lit Witness �hrrraf. I this day of _�%t Pre:5 nre of the same against all - lawful claims hereunto set my hand and seal .4. D. 19 87 __OAK___CREEK_ INVES.TMENTS__ _. By: LDB, INC., General Partner By- - - - - - -- -- ----- MERVIN BROWN —_ _ T t S-- Duly-Authorized__Agent- Statr (®f Irrmant, ,qt Burlington this 980ntg of Chittenden }Ss. day of .1. D. 1987 Mervin Brown, duly authorized agent of LDB, INC., the general partner of Oak Creek Investments personally appeared, and he acknowledfed this instrument, by him sealed and subscribed, to be his free act and deed. and the free act and deed of LDB, Inc., the general partner of Oak Creek Investments and Oak Creek Investments. Before Notary Public r- 00 Z O H Z � W Fri lY. H W >+ H 0 H En W U U_ W O Y 4: w J U 0 O U W o: O C3 W w U W � o O W 0 w U rn I— W ~ Q W- W 0 Z U. m o o asZZ o_Z W Z E JD� = W O U Z i O 0 w Q w NNO 0 Cr [L LL � Wmc3 N J O W I o (L Y W O Q O F- U Q m Q A828712 PROPERTY TRANSFER TAX RETURN 2 VERMONT DEPARTMENT OF TAXES N0. A 8 2 8 MONTPELIER, VERMONT 05602 A. SELLER (THANSFERORI NAMES, MAILING ADDRESS IN FULL INCLUDING ZIP CODF SOCIAL SECURITY NUMBER OAK CREEK INVESTMENTS 200 Twin Oaks So. Burlington, VT 05403 BUYER (TRANSFEREE) NAME,SI MAILING ADDRESS IN FULL - INCLUDING ZIP CODE SOCIAL SECURITY NUMBER CITY OF SOUTH BURLINGTON 575 Dorset St., So. Burlington, VT 05403 03-6002712 • LOCATION (Such as "173 Maple St , Burlington" OR "Tne Smith Farm, Old Mill Road. Tunbridge') It property is located in two towns, please list both Moss Glen Lane- South Burlin2ton (portion of) It the Dryers i,,j fie, less rhao Ine ennie interest (Fee Simple) in the properly please stale the interest acquired (such as Ute Estate, Perpetual Easement etc I APPROXIMATE LAND SIZE ACREAGE AND LOT SIZE: FRONTAGE. DEPTH Please check the applicable box(es) describing existing buildings t [j� NONE 3 ❑ HOUSE 5 ❑ BARN 7 ❑ MOBILE HOME 9 ❑ STORE FACT-OHY 4 ❑ CAMP or VACATION HOME 6 ❑ APARTMENT, NO UNITS 8 ❑ CONDOMINIUM, NO UNITS 10 ❑ OTHER(EXPLAIN) Please check the category which best describes the use of the property BEFORE TRANSFER as shown in the GRAND LIST BOOK. 1 ❑ PRIMARY RESIDENCE 2 ❑ TIMBERLAND 4 ❑ GOVERNMENT USE 6 ® OPEN LAND B ❑ 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 r❑y INDUSTRIAL g ❑ CAMP OR VACATION- 2 ElTIMBERLAND 4 ❑ GOVERNMENT USE 6 ❑ OPEN LAND 8 L9 OTHER (EXPLAIN) Roadway lom*A:LTA;Airolzl THIS SECTION MUST BE COMPLETED IF TRANSFER IS CLAIMED TO BE EXEMPT FROM PROPERTY TRANSFER TAX It such an exemption Is claimed, you need not complete the section filled "TAX," but you MUST COMPLETE Ine section titled' VALUE CITE EXEMPTION and EXPLAIN: Transfer to a Municipality REAL PROPERTY VALUE INCLUDES the value of any notes, property. stocksbonds, etc, given to seller. and the value of any mortgages or liens assumed by the buyer If the transter was It gift or was for nominal consideration, give the estimated fair market value of the real property transferred TOTAL PRICE PAID S LESS PERSONAL PROPERTY S REAL PROPERTY VALUE S TAX PAYMENT DUE: FIVE TENTHS OF ONE PERCENT(0.005)OF THE AMOUNT SHOWN ABOVE, BUT NOT LESS THAN S1 00 (FOR EXAMPLE IF THE VALUE WAS S10.000 THE TAX DUE IS S50 00. IF THE VALUE WAS S100.. THE TAX DUE IS $1.00) AMOUNT DUE ' 0 Make checks payable to VERMONT DEPARTMENT OF TAXES. If there were circumstances In the Transfer which suggest that the price paid for the property was either more or less than its fair market value. please explain _ r • DATE SELLER ACQUIRED: / $ IF BY GIFT, DATE DONOR ORIGINALLY ACQUIRED: IF A VERMONT LAND GAINS TAX RETURN IS BEING FILED, CHECK HERE: ❑ 1F A VERMONT LAND GAINS TAX RETURN IS NOT BEING FILED, INDICATE REASON BELOW: (MUST BE ONE OF REASONS GIVEN IN INSTRUCTIONS.) Transfer to a Municipality for roadway purposes Real Estate Broker's name (if any): If purchaser's principal residence exemption is claimed and purchaser fails to comply with exemption requirements, purchaser will be liable for full amount of Land Gains Tax. NOTE: Residents, Part -Year Residents. Non -Residents - If you realized a gain on the sale of your property that was included in your Federal Adjusted Gross Income, A Vermont Income Tax Return must be filed. CERTIFICATE PURSUANT TO 32 V.S.A. §9606 (c) FOR SUBDIVISION REGULATIONS (18 V.S.A. §1218 at seq.) This transfer is in compliance with the Subdivision Regulations of the Agency of Environmental Conservation and any permits issued thereunder. Yes No If this property has ever received a perrnit, 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 (a) 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 atirm 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 (a). Willful falsification of any statement contained herein may result in a fine of not more than $1000. SELLER(S) SIGNATURE(S) CREEK INVESTMENTS DATE BUYER(S) SIGNATURE(S) CITY OF SOUTH BURLINGTON DATE —By: By: Duly Authorized Agent Duly Authorized Agent CERTIFICATE PURSUANT TO 32 V.S.A. §9608 FOR VERMONT'S LAND USE AND DEVELOPMENT LAW - ACT 250 - (10 V.S.A. §6001 at 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. Yes —No - 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)) hereby swear and affirm that this certificate Is true and complete to the best of my/our 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 $500 or iniµi isonment for not more than one year. SELLER(S) SIGNATURE(S) DATE SELLER(S) SIGNATURE(S) DATE -BV: _ TT��1�11jj��77 2atll1rrhorized �_, Richard A. Spokes PREPAF1ErfSS16NATURE - —7 PREPARED BY -- QI OR TYPE) PREPARER'S ADDRESS _ PiQi Br�86_Burl lnaton, V1�9�t ACKNOWLEDGEMENT TOWN NUMBER TOWNrCITY --- RETURN RECEIVED TAX PAID. BOARD OF HEALTH CERTIFICATE RECEIVED VERMONT LAND USE AND DEVELOPMENT PLANS ACT DATE OF RECORD CERTIFICATE RECEIVED A 8 2 8 7 'I 2 BOOK NUMBER PAGE NO. RETURN NO. N lJ CJ 1 1 LISTED VALUE S GRAND LIST OF 19 SIGNED _-___. CLERK RUBIISNED By FORM 1911 - VERMONT WARRANTY DEED `�.d r��4 cY04d, �'"' RU-ND. VERNONT O5701 Itlow� v lip f rev-11ts tow Zft at OAK CREEK INVESTMENTS, a Vermont Limited partnership with principal Offices in South Burlington in the County of Chittenden and State of Vermont Grantor , in the consideration of ----------------------------------Ten or more ----------------------------- Dollars paid to its full satisfaction toy CITY OF SOUTH BURLINGTON, a municipal corporation Of in the County of Chittenden and State of Grantee by these presents, do freely (iinr. 06rgnt, Sell, (Conven Anb Xonfirm unto the said Grantee CITY OF SOUTH BURLINGTON, and its successors and assigns, xxxxxxxxxxxx fB;,aomid71 #yforever, a certain piece of land in the City of South Burlington in the County of Chittenden and State of Vermont, described as follows, viz: That portion of Oak Creek Drive depicted on a plan entitled "Oak Creek Village, South Burlington, Vermont, Final Plat" dated Aug. 1987, last revised _ by Fitzpatrick -Llewellyn, Incorporated and recorded in Map Book at Pag of the Land Records of the City of South Burlington, which commence at the northerly line of Lot 21 as extended easterly to the westerly line of Lot 5 as depicted on the aforementioned plan and proceeding in a general so therly direction as Oak Creek Drive to its terminus at the southerly bo ndaries of Lots 13 and 14 as depicted on the aforementioned plan. Being a portion of the land and premises conveyed to the within Grantor by the Warranty Deed of Vermont Structural Steel Corporation dated December 11, 1986 and recorded in Volume 218 at pages 392 of the Land Records of the City of South Burlington. Reference is hereby made to the aforementioned instruments and the records thereof and the references therein rpade all in further aid of this description. To Halle ttnl to 14tilb said granted premises, with all the privileges and ap- purtenances thereof, to the said Grantee, CITY OF SOUTH BURLINGTON, its successors xirim and assigns, to theiY own use and behoof forever; .find the said Grantor , OAK CREEK INVESTMENTS for i t se l and its heirs, executors and administrators, do covenant 744th said Grantee CITY OF SOUTH BURLINGTON, its successors hog and assigns, that until the ensealing of these presents it is the sole owner of the premises, and have Good riOht and title to convey the same in manner aforesaid, that they are .firer Nrvm Eaerg Enrummhrtuur•. except as stated above; and it hereby engage to Warrant Anb fleirnb whatever, except as stated. 31rt Mitnesshere4�f, I this day of An pry,vncv o the same against all • lawful claims hereunto set my hand and seal .4. D. 19 87 OAK_ CREEK INVESTMENTS By: LDB, INC., General Partner Rv- Mervin Brown Its Duly Authorized Agent State iffif TrrutDttt. •qt Burlington this es' �Tnttntg of Chittenden day of .4. D. 1987 Mervin Brown, duly authorized agent of LDB, Inc., the general partner of Oak Creek Investments personally appeared, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed. and the free act and deed of LDB, Inc., the general partner of Oak Creek Investments and Oak Creek Investment. Before me _ Notary Public H Z W Z H .4 W �1 Z 0 H 0 Z O O H H V IN W U U_ w O cr W J U a 42: U w CC O a w W U w •�, Q 0 W Y J W 0=W J N R ~ w 0 Q J in U. O in O °Zs Z t- 0Z WZI Jcr L> Z V-Oi W W W 00 a U_ W W M c9 Y N O I F- p D ( O Y w 00 m a O F- Q U Q m A828 (U3 PROPERTY TRANSFER TAX RETURN 1� DEPARTMENT OF NO, A V h 8 7 0 3 VERMONT MONTPELIER, VERMONT 05602ES A. SELLER (TRANSFEROR) NAME(S) M ULING ADDRESS IN FULL INCLUDING ZIP CODE SOCIAL SECURITY NUMBER OAK CREEK INVESTMENTS 200 Twin caks, So. Burlington, VT 05403 BUYER {TRANSFEREE) NAME(S) NAILING ADDRESS IN FULL - INCLUDING ZIP CODE SOCIAL SECURITY NUMBER CITY OF SOUTH BURLINGTON 575 Dorset.St, So. Burling —ton, VT 05403 103- 002712 LNXULWE' LOCATION (Such as -173 Maple St.. Burlington" OR -Tr Smith Farm. Old Mill Road. Tunbridge"). It property is located In two towns, please list both. Oak Creek Drive- So. Burlington (portion f It the buyers acquired less man (he enure ,ntetest (Fee Simple) in the property, please state the inl rest acquired (such as Life Estate. -Perpetual Easement. etc.) APPROXIMATE LAND SIZE - ACREAGE AND LOT SI E FRONTAGE, DEPTH Please check the applicable Dox(es) deSCribmg existing buildups 1 ® NONE 3 ❑ HOUSE 5 ❑ BARN 7 ❑ MOBILE HOME 9 ❑ STORE 2 ❑ FACTORY 4 ❑ CAMP or VACATION HOME 6 ❑ APARTMENT, f,O UNITS 8 ❑ CONDOMINIUM. NO UNITS 10 ❑ OTHER(EXPLAIN) Please check the category which best describes the use of the property BEFORE T 3ANSFER as shown to the GRAND LIST BOOK. 1 Q PRIMARY RESIDENCE 2 ❑ TIMBERLAND 4 ❑ GOVERNMEN 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 AFT R TRANSFER t ❑ PRIMARY RESIDENCE 3 ❑ OPERATING FARM 5 ❑ COMMERCIAL 7 t❑ INDUSTRIAL g ❑ CAMP OR VACATION 2 ❑ TIMBERLAND 4 [:3 GOVERNMENT USE 6 [3 OPEN LAND 8 C73 OTHER (EXPLAIN) roadway 9M*A;t&t:AJJfffJZJ THIS SECTION MUST BE COMPLETED IF TRANSFER IS CLAIMED TO BE I XEMPT FROM PROPERTY TRANSFER TAX If Such an exemption is claimed, you need not complete the section filled 'TAX.but you MUST COMPLETE Ine section titled "VALUE ' CITE EXEMPTION anclTAAWfer to a municipality REAL PROPERTY VALUE INCLUDES the value of any notes, property. Stocks bonds. etc, given to seller. and the value of any mortgages or (lens assumed by the buyer. 11 the transfer .vas a gilt or was for nominal consideration, give the estimated fair market value of lire real property Iransl rred TOTAL PRICE PAID S LESS PERSONAL OPERTY $ REAL PROPERTY VALUE $ TAX PAYMENT DUE: FIVE TENTHS OF ONE PERCENT (0.005)OF THE AMOUN ISHOWNABOVE. BUT NOT LESS THAN $I W (FOR EXAMPLE IF THE VALUE WAS $10,000 THE TAX DUE IS $50.00, IF THE VALUE WAS S100_. THE TAX DUE IS $1.DO) AMOUNT DUE ' Make checks ayable to VERMONT DEPARTMENT OF TAXES. If there were circumstances In the Transte which Suggest that the price paid for the property was either mote or less than its lair market value. please explain DATE SELLER ACQUIRED: 12 11 86 IF BY GIFT, DATE DONOR ORIGINALLY ACQUIRED: 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.) Real Estate Broker's name (If any): if purchaser's principal residence exemption is claimed and purchaser f iiis to comply with exemption requirements, purchaser will be liable for full amount of Land Gains Tax. NOTE: Residents, Part -Year Residents. Non -Residents - If you realized a ain on the sale of your property that was included in your Federal Adjusted Gross Income. A Vermont Income Tax Return must be filed. CERTIFICATE PURSUANT TO 32 V.S.A. §9606 (c) FO SUBDIVISION REGULATIONS (18 V.S.A. §1218 et seq.) This transfer is in compliance with the Subdivision Regulations of the Agency of Envlron nental Conservation and any permits issued thereunder. Yes No If this property has ever received a permit, specify the permit # Pert nits must be obtained PRIOR TO TRANSFER. If exempt, specify which numbered item from the instructions applies or, on a separate sheet, explain other circurT stances for exemption # CERTIFICATE — Pursuant to 32 V.S.A. §9606 (e) we hereby s ear and affirm that we have investigated and have disclosed to each party involved in this transfer all of our knowledge regarding FLOOD R EGULATIONS, 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) OAK CREEK INVESTMENTS DATE BUYERS SIGNATURE S CifY OF S8bTH BURLINGTON DATE Duly Authorized Agent Duly Authorized Agent CERTIFICATE PURSUANT TO 32 V.S.A. §9608 FOR VERMONT'S LA IlD 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 t lereunder. Yes No If this property has ever received an Act 250 permit, please splicify the permit # . If exempt, specify which numbered item from the instructions applies or, on a separate sheet, explain other cii. umstances. IlWe [the Seller(s)] hereby swear and affirm that this certificate is true a complete to the best of my/our knowledge as required by 32 V.S.A. §9608. Knowing falsification of any statement contained herein Is punishable by fine of not more than $501) or imprisonment for not more than one year. SELLER($) SIL3NATURE(S) OAK CREEK INVESTMENTS DATE SELLER(S) SIGNATURE(S) DATE -Liz - - PREPARER'S SIGNATURE OYiZed A - REPARED BY Richard A. Spokes PREPARER'S ADDRESS P.O. BOX 986, Burlington, VT � °MIft • • • •' ACKNOWLEDGEMENT TOWN NUMBER TOWN/CITY RETURN RECEIVED TAX PAID, BOARD OF HEALTH CERTIFICATE RECEIVED. VERMONT LAND USE AND DEVELOPMENT DEVELOPMENNTT PLANS ACT �ATE F RECORDMBER PAGE NO RETURN NOCERTIFICATE RECEIVED. A 8 L H 1 O 3 D VALUE $ GRAND LIST OF 19 SIGNED CLERK MAP AND PARCEL NOS. DATE y;_=-91 _J� FORM 1911 - VERMONT WARRANTY DEED �Itjov all `E/vuu �itilla�ttt! �..�taul �u�i� ✓✓ RU T•ARD vERYOnT O.)OI DPP �PP�if Eh at OAK CREEK INVESTMENTS, a rmont Limited partnership with principal Offices in South Burlington in the County of Chittenden and State of Vermont Grantor , in the consideration of --------------------------------Ten and more------------------------------ Dollars paid to its full satisfaction y CITY OF SOUTH BURLINGTON,ja municipal corporation Of in the County of Chittenden and State of Vermont Grantee by these presents, do freely Giinr. Arent. Brll. (Anna u Anb Confirm unto the said Grantee CITY OF SOUTH BURLINGTON, and its successors and assigns )wt&xxxxxxxxxxx*Arxxmmdkxmtpx forever, a certain piece of land in the City o South Burlington in the County of Chittenden and State of Y'ermont, described as follows, viz: Those portions of Fox Run Lane, Oak Creek Drive, Mill Pond Lane and Moss Glen Lane, which commence on the we terly side of the Hinesburg Road right of way as depicted on a plan entitl d "Oak Creek Village, South Burlington, Vermont, Final Plat" dated Aug. 198 , last revised by Fitzpatrick -Llewellyn, Incorpora ed and recorded in Map Book at Page __ of the Land Records of the City of South Burlington, and extending as Fox Run Lane in a general wester y direction to the northerly extension of the easterly boundary of Lot 98 s depicted on the aforementioned plan; thence deflecting to the left as Oa Creek Drive and proceeding in a general southerly direction to the northerl sideline of Lot 21 as extended easterly to the westerly sideline of Lot 5 a depicted on the aforementioned plan; thence deflecting to the right and roceeding as Mill Pond Lane in a general westerly direction to the easterly oundary of Lot 77 as extended northerly to the southerly line of Lot 93 as epicted on the aforementioned plan; thence deflecting to the left and p oceeding as Moss Glen Lane in a general southerly direction to the northerl line of Lot 41 as extended easterly to the westerly line of Lot 25 as d picted on the aforementioned plan; thence deflecting to the right and ontinuing as Moss Glen Lane in a general westerly, southerly and easterly di ection to the easterly line of Lot 60 as extended northerly to the sou herly line of Lot 52 as depicted on the aforementioned plan. Being a portion of the land and pre ises conveyed to the within Grantor by the Warranty Deed of Vermont Str tural Steel Corporation dated December 11, 1986 and recorded in Volume 218 t pages 392 of the Land Records of the City of South Burlington. Reference is hereby made to the afor mentioned instruments and the records thereof and the references therein m de all in further aid of this description. Ln l.�iatir ant) tcl ELIO said Iranted premises, with all the privileges and ap- purtenances thereof, to the said Grantee CITY OF SOUTH BURLINGTON, and its successors and assigns to their own use and behoof forever; .4nd the said Grantor OAK CREEK INVESTMENTS, for itself and its successors and assigns fmxxxxxxxxxxxxxxxxmdxxxxxxxxxxxxxx m e ftwx=dx s=stmtors, do covenant with the said Grantee CITY OF SOUTH BURLINGTON, and its successors and assigns hVVWQW9X&02Ps, that until the ensealing of these presents it is the sole owner of the premises, and have Oood ri-dht and title to convey the same in manner .aforesaid, that they are ,free ,drum Energ Enrttmbretim. except as stated above; and it hereby engage to Warrant And Befend the 8a?ne against all - lawful claims whatever, except as stated. +lit Wittirss Whrrrof. I hereunto set my hand and seal this day of .4. D. 19 87 ?'ll presence 0} ___ OAK_ CREEK I_NVESTMEN By: LDB, INC., General By: --- — - - --- MERVIN BROWN _Lt_s__Duly Authorized State (Of Vermont, .4t Burlington this PP. Qlanntg of Chittenden dal! of .4. D. 1987 Mervin Brown, duly authorized agent of LDB, INC., the general partner of Oak Creek Investments personally appeared, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed. and the free act and deed of LDB, Inc., the general partner of Oak Creek Investments and Oak Creek Investments. Before me Notary Public r" co Ex-� 0Z to O 0 Z H >4 H a W U U_ O .cn Y w J V E o D: O W Y (n Q � Cr J w U Z LL i O U O Z 0 0 w 0 Q w w _U O Cr O w F- w a Q 0 Q O m H Q U rr J 10 W m N 01 W N �-W0 P O CD V) ZZ }OZO W Z i J 3 rr 0�> � Z NV0 YMZ O a J EL 7 (1) m A 0 L 0 1 Ud PROPERTY TRANSFER TAX RETURN f VERMONT DEPARTMENT OF TAXES NO, A 8 2 t J MONTPELIER, VERMONT 05602 A. SELLER (TRANSFEROR) NAMEiSI MkILING ADDRESS IN FULL INCLUDING ZIP CODE SOCIAL SECURITY NUMBER OAK CREEK INVESTMENTS 200 Twin Oaks, So. Burlington, VT 05403 HUYER (TRANSFEHEE, NAMEIS) NAILING ADDRESS IN FULL INCLUDING ZIP CODE SOCIAL SECURITY NUMBER CITY OF SOUTH BURLINGTON 575 Dorset St., So. Burlington, VT II50 • ' LOCATION (Such as '173 Maple St Burhngton' OR "T a Smith Farm�g to Mill R Tunin tlge') If car erty is Crle two towns, please list both k Creek Drive, Mill Pond La a and MOss blen Vane, �o. �ur��ngton (portions of) it the buyers acquired less than [he entire interest (Fee Simple) rn the properly please state the mt resl acquired Isuch as Life Estate.Perpetual Easement etc I "Njiumn APPROXIMATE LAND SIZE I ACREAGE AND LOT SI E FRONTAGE: DEPTH - Please check the applicable boxies) describing existing buildings I NONE 3 ❑ HOUSE 5 ❑ BARN 7 ❑ MOBILE HOME 9 ❑ STORE 2 ❑ FACTORY 4 ❑ CAMP or VACATION HOME 6 ❑ APARTMENT. r UNITS 8 ❑ CONDOMINIUM. NO UNITS 10 tJ OTHER(EXPLAINr Please check the category which best describes the use of the property BEFORE T ANSFER as shown in the GRAND LIST BOOK 1 ❑ PRIMARY RESIDENCE 2 ❑ TIMBERLAND 4 ❑ GOVERNMEN 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 AFTI lR TRANSFER 1 ❑ PRIMARY RESIDENCE 3 ❑ OPERATING FARM 5 ❑ COMMERCIAL 70 INDUSTRIAL ❑ CAMP OR VACATION 2 ❑ TIMBERLAND 4 ❑ GOVERNMENT USE 6 ❑ OPEN LAND 8 I OTHER (EXPLAIN, Roadways' THIS SECTION MUST BE COMPLETED IF TRANSFER IS CLAIMED TO BEE XEMPT FROM PROPERTY TRANSFER TAX It such an exemption is claimed, you need not complete the section [filed "TAX. but your MUST COMPLETE the section tilled "VALUE -- CITE EXEMPTION and EXPLAIN Transfer to a Municipality REAL PROPERTY VALUE INCLUDES the value of any notes, property, stocks. bonds, etc, given to seller. and the value of any mortgages or hens assumed by the buyer !I the uansler .o. a gift or was for nominal consideration, give the estimated fair market value of the real property vans! ned TOTAL PRICE PAID S LESS PERSONAL PI IOPERTY $ REAL PROPERTY VALUE $ TAX PAYMENT DUE: FIVE TENTHS OF ONE PERCENT(0 005) OF THE AMOUN1 SHUWN 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 ' 0 Make checks yable to VERMONT DEPARTMENT OF TAXES. If there were circumstances it the Transte which suggest that the price paid for the property was either more or less than its fair Market value, please explain DATE SELLER ACQUIRED: IF By GIFT, DATE DONOR ORIGINALLY ACQUIRED: 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 INSTRUCT(QNS ) Transfer to a Municipality Real Estate Broker's name (it any): If purchaser's principal residence exemption is claimed and purchaser f its to comply with exemption requirements, purchaser will be liable for full amount of Land Gains Tax. NOTE: Residents Part -Year Residents. Non -Residents - If you realized a ain on the sale of your property that was included in your Federal Adjusted Gross Income A Vermont Income Tax Return must be fit CERTIFICATE PURSUANT TO 32 V.S.A. §9606 (c) FOI I SUBDIVISION REGULATIONS (18 V.S.A. §1218 et seq.) This transfer is in compliance with the Subdivision Regulations of the Agency of Envirclai riental Conservation and any permits issued thereunder. Yes No If this property has ever received a permit, specify the permit # Perr ills must be obtained PRIOR TO TRANSFER. If exempt, specify which numbered item from the instructions applies or, on a separate sheet, explain other circu lances for exemption # CERTIFICATE — Pursuant to 32 V.S.A. §9606 (a) we hereby sw ar and affirm that we have investigated and have disclosed to each party involved in this transfer all of our knowledge regarding FLOOD R GULATIONS, if any, which affect the site hereinbefore described. We hereby swear and affirm that this return and above certificates are rue, 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 contain herein may result in a fine of not more than $1000. SELLER(S) SIGNATURE(S) CREEK INVESTMENTS DATE BUYER S SIGNATURE(S Cfff OF SOUTH BURLINGTON DATE By: By: Duly Authorized Agent Duly Authorized ent CERTIFICATE PURSUANT TO 32 V.S.A. §9608 FOR VERMONT'S LAI D 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 It ereunder. Yes No — If this property has ever received an Act 250 permit, please spe ify the permit # __ . If exempt, specify which numbered item from the instructions applies or, on a separate sheet, explain other cir umstances. 1/We [the Seller(s)] hereby swear and affirm that this certificate is true a complete to the best of myrour knowledge as required by 32 V.S.A. §9608. Knowing falsification of any statement contained herein Is punishable by fine of not more than $500 or imprisonment for not more than one year. SELLER(S) SIGNATURE(S) [-)At 1 SELLER(S) SIGNATURE(S) DATE PREPAREPP41 NA7Ln;EhOrlZed tit PREPARED BY Richard A. Spokes PREPARER'SADDRESS P.O. X H6, Burlington, VT IPrAI•LT�RTVPEI • • s 7 4lJ• • ' ACKNOWLEDGEMENT TOWN NUMBER TOWWCITY RETURN RECEIVED TAX PAID, BOARD OF HEALTH CERTIFICATE RECEIVED. VERMONT LAND USE AND DFVELOPMENT PLANS ACT DATE OF RECORD CERTIFICATE RECEIVED J� O O BOOK NUMBER PAGE NO RETURN NO A (� 8 LISTED VALUE $ GRAND LIST OF 19 SIGNED CLERK MAP AND PARCEL NOS DATE •�r��x��u rr.� iwr +�vrr ..... ..v P�UB,l�ISpNEU BY FORM 1911 - VE.RMONT WARRANTY DEED v� V!�✓ RU-T`U..No 1ER101TT�0`5101 II luv ho tot5tv 5M " 4 to 1It " 1 OAK CREEK INVESTMENTS, a Vermont Limited partnership with principal Offices in South Burlington in the County of Chittenden and State of Vermont Grantor , in the consideration of --------------------------------Ten and more ------------------------------ Dollars paid to its full satisfaction toy CITY OF SOUTH BURLINGTON, a municipal corporation Of in the County of Chittenden and State of Vermont Grantee by these presents, do freely (6tur. Grunt, Sell. (IIonant Anb (Ionfirm unto the said Grantee CITY OF SOUTH BURLINGTON, and its successors and assigns YayMXxxxxxxxxxxx4M4xWW4AWs forever, a certain piece of land in the City of South Burlington in the County of Chittenden and State of Vermont, described as follows, viz: A parcel of land depicted as "TO B (Restricted to Agricultural and Pa entitled "Oak Creek Village, South Aug. 1987, last revised _ Incorporated and recorded in Map B of the City of South Burlington. DEDICATED TO THE CITY OF SOUTH BURLINGTON sive Recreation) 2.82 Acres" on a plan Burlington, Vermont, Final Plat" dated by Fitzpatrick -Llewellyn, �k at Page _ _ of the Land Records The parcel of land herein conveyed shall only be used for agricultural and passive recreation purposes, and no structures or other improvements shall be erected or maintained thereon. Being a portion of the property conveyed to the within Grantor by the Warranty Deed of Vermont Structural Steel Corporation dated December 11, 1986 and recorded in Volume 218 at Pages 392-394 of the Land Records of the City of South Burlington. Reference is hereby made to the aforementioned instruments and the records thereof and the references therein ;made all in further aid of this description. Ln liuur allb to litilb .;(ord granted premises, with all the privileges and ap- purtenances thereof, to the said Grantee, CITY OF SOUTH BURLINGTON, and its successors and assigns xhxi=xxRxxs, to their own use and behoof forever; Ind the said Grantor, OAK CREEK INVESTMENTS for itself ana its�sors and s� ns exguwtwxx&mdc%ciVdni*t=ems, do covenant with the said Grantee CITY OF SOUTH BURLINGTON, and its successors and assigns hxx%s, that until the ensealing of these presents it is the sole owner of the premises, and have flood ri4ht and title, to convell the same in manner aforesaid, that they are ,free Nrom Energ Enrumbrunre: except as stated above; and it hereby engage to Warrant .Aub I)efenb the same against all • lawful claims whatever, except as stated. 1hi Witness 1111trrrnf. I hereunto set my hand and seal this day of .4. D. 1987 ?fitPry-4ellfv o _—OAK -CREEK INVESTMENTS By: LDB, INC., General Partner By: --------- Mervin Brown Its Duly_Authoriz_e_d Agent_ *tote (Of Iermant, lss. .qt Burlington this fautdU of Chittenden f day of .4. D. 1987 Mervin Brown, duly authorized agent of LDB, INC., the general partner of Oak Creek Investments personally appeared, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed. and the free act and deed of LDB, Inc., the general partner of Oak Creek Investments and Oak Creek Investments. Before_ — Notary Public W a4 Z U W 9 H EOn o H o Z H H H � U W r- co W U U- LL. O Y Q: W J U o: O U 4J ac O 0 w W U w i o 0 W Y a J 0 W CD (n C] W U N M H N W J w v (n In Z 0 z 0 WZ J�� 0;> Y z LL Z 0 0 W 4 W NNO U O 0 IL YNZ I Cr U CC � o w cr (L m U) a O F- U Q Q m Q Cr. A 0 e b / U ( PROPERTY TRANSFER TAX rETURN NU. hH �. VERMONT DEPARTMENT OF TAXES MONTPELIER, VERMONT 05602 SELLER (TRANSFEROR) NAME(SI I MAIILING ADDRESS IN FULL INCLUDING ZIP CODE SOCIAL SECURITY NUMBER ■ OAK CREEK INVESTMENTS 1200 Twin Oiks, So. Burlington. VT 05403 1 ■ BUYER (TRANSFEREE( NAME(S) M (LING ADDRESS IN FULL • INCLUDING ZIP CODE SOCIAL SECURITYNUMBER CITY OF SOUTH BURLINGTON 1575 Dorset St., So. Burlington, VT 05-403- 3_bUUZ/1 ' • ' LOCATION (Such as " 173 Maple St., Burlington" OR , Th( Smith Farm. Old Mill Road, Tunbridge') If property is located in two towns, please list both be Dedicated to the City of South Burlington (Restricted to Agricultural and Passive 2,82 Acres" on a plan entitled 'Oak Creek Village, South Burlington, Vermont . It the buyers acquired less than Ine entire interest (Fee Simple) in the property please state the;nlEfest Perpetual Easement ucquirod ssuch as ble Estate, Perpetual Easement. etc) APPROXIMATE LAND SIZE I ACREAGE AND LOT SUE: FRONTAGE. DEPTH Please check the applicable box(es) describing existing buildings. t ® NONE 3 ❑ HOUSE 5 ❑ BARN 7 ❑ MOBILE HOME 9 ❑ STORE 2 ❑ FACTORY 4 ❑ CAMP or VACATION HOME 6 ❑ APARTMENT. INQ UNITS 8 ❑ CONDOMINIUM. NO UNITS 10 ❑ OTHER (EXPLAIN) Please check the category which best describes the use of the property BEFORE T ANSFER as shown in the GRAND LIST 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 Iyr. old) ❑ EXISTING Please check the calegory which best describes the proposed use of the property AFTE I TRANSFER 1 ❑ PRIMARY RESIDENCE 3 ❑ OPERATING FARM 5 [1 COMMERCIAL 7 ❑ INDUSTRIAL 9 ❑ CAMP OR VACATION 2 ❑ TIMBERLAND 4 ❑ GOVERNMENT USE 6f] OPEN LAND 8 ❑ OTHER (EXPLAIN) aM :*'1, ,TJ:A flelil THIS SECTION MUST BE COMPLETED IF TRANSFER IS CLAIMED TO BE EXEMPT FROM PROPERTY TRANSFER TAX It such an exemption isclaimed. you need not complete the section titled ''TAX ' but you MUST COMPLETE the section titled "VALUE CITE EXEMPTION and EXPLAIN: Transfer to a Municipality PREAL PROPERTY VALUE -INCLUDES the value of any notes, property stocks. nds. etc, given to seller, and the value of any mortgages or hens assumed by the buyer It Ine Iransleor nomma consideration, give Ine estimated fah market value or the real property trans) rretl E PAID $LESS PERSONAL P OPERTY $ REAL PROPERTY VALUE $ TAX PAYMENT DUE: FIVE TENTHS OF ONE PERCENT(0 005) OF THE AMOUN SHOWN ABOVE. BUT NOT LESS THAN $1 00 (FOR EXAMPLE IF THEVALUE WAS $10.000 E IS $50.00; IF THE VALUE WAS $100., THE TAX DUE IS $1 00) r1F T DUE ' 0 Make checks p yable to. VERMONT DEPARTMENT OF TAXES. If there were circumstances in the Transfe which suggest that the price paid for the property was either more or less than its fair market value. Please explain DATE SELLER ACQUIRED: 12 11 IF BY GIFT, DATE DONOR ORIGINALLY ACQUIRED: RMONT LANDGAINS TAX RETURN IS BEING FILED, CHECK HERE. [] IF A VERMONT LAND GAINS TAX RETURN IS NOT BEING FILED, INDICATE REASON BELOW: BE ONE OF REASONS GIVEN IN INSTRUCTIONS.) Real Estate Broker's name (if any). If purchaser's principal residence exemption is claimed and purchaser fails to comply with exemption requirements, purchaser will be liable for full amount of Land Gains Tax. NOTE: Residents, Part -Year Residents. Non -Residents - If you realized again on the sale of your property that was included in your Federal Adjusted CERTIFICATE PURSUANT TO 32 V.S.A. §9606 (c) FO SUBDIVISION REGULATIONS (18 V.S.A. §1218 et seq.) This transfer is in compliance with the Subdivision Regulations of the Agency of Environ nental Conservation and any permits issued thereunder. Yes No If this property has ever received a permit, specify the permit . Pert nits must be obtained PRIOR TO TRANSFER. If exempt, specify which numbered item from the instructions applies or, on a separate sheet, explain other circurr stances for exemption # . CERTIFICATE — Pursuant to 32 V.S.A. §9606 (e) we hereby s ear and affirm that we have investigated and have disclosed to each party involved in this transfer all of our knowledge regarding FLOOD R GULATIONS, 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 (a). Willful falsification of any statement contained herein may result in a fine of not more than $1000. SELLER(S) SIGNATUREIS) AK CREEK INVESTMENTS DATE B Duly Authorized Agent CERTIFICATE PURSUANT TO 32 V.S.A. §9608 FOR VERMONT'S LA This conveyance of real property and any development thereon i; Vermont's Land Use and Development Law and any permits issued 1 If this property has ever received an Act 250 permit, please spl from the instructions applies or, on a separate sheet, explain other ci Me [the Seller(s)] hereby swear and affirm that this certificate is true at Knowing falsification of any statement contained herein Is punishable by hori PREPARER'S ADDRESS TOWNCITY — DATE OF RECORD — BOOK NUMBER — LISTED VALUE $ MAP AND PARCEL NOS PAGE NO, GRAND LIST OF 19 euvC}s+YGOF RSIOUTH BURLINGTON DATE By: Duly Authorized Agent ID USE AND DEVELOPMENT LAW - ACT 250 - (10 V.S.A. §6001 at seq.) in compliance with or exempt from 10 V.S.A. Chapter 151 (Act 250), iereunder. Yes No city the permit # . If exempt, specify which numbered item complete to the best of my/our knowledge as required by 32 V.S.A. §9608. fine of not more than $500 or imprisonment for not more than one year. SELLER(S) SIGNATURE(S) DATE PREPARED BY Richard A. Spokes rI 9fR TYPE) ACKNOWLEDGEMENT RETURN RECEIVED TAX PAID BOARD OF HEALTH CERTIFICATE RECEIVED VERMONT LAND USE AND DEVELOPMENT PLANS ACT RETURN NO CERTIFICATE RECEIVED. /t 8 2 Qo 7 O ( SIGNED H CLERK DATE TOWN NUMBER Pu �iSNEO BY FORM 1911 - VERMONr WARRANTY DEED B •: /Yew �i�gl2id C�� vu�/ O B11-. IE-T 05701 now tit1�II P e aP$ Zh a i OAK CREEK INVESTMENTS, a Vermont Limited partnership with principal Offices in South Burlington in the County Of Chittenden and State of Vermont Grantor , in the consideration of --------------------------------Ten and more------------------------------ Dollars paid to its full satisfaction by CITY OF SOUTH BURLINGTON, a municipal corporation dfk in the County of Chittenden and State of Vermont Grantee by these presents, do freely (Aiar. (grant. Srll. (Innaaru Anb Mauflrm unto the said Grantee CITY OF SOUTH BURLINGTON, and its successors and assigns dWJXXXXXXXXXXXXhTAWyaypitVX54AV&4Wsforever, a certain piece of land in the City of South Burlington in the County of Chittenden and State of Vermont, described as follows, viz: A parcel of land depicted as "OPEN 10.34 ACRES" on a plan entitled "Oak Creek Village, South Burlington, Vermont, Final Plat" dated Aug. 1987, last revised by Fitzpatrick -Llewellyn, Incorporated and recorded in Map Book _ at Page of the Land Records of the City of South Burlington. The land and premises herein conveyed includes a sewage pump station, and by acceptance and recording of this deed, the within Grantee, for itself and its successors and assigns, agrees to maintain said pump station and hold the within Grantor and its heirs, successors and assigns, harmless from any liability therefor. Being a portion of the land and premises conveyed to the within Grantor by the Warranty Deed of Vermont Structural Steel Corporation dated December 11, 1986 and recorded in Volume 218 at Pages 392-394 of the Land Records of the City of South Burlington. Reference is hereby made to the aforementioned instruments and the records thereof and the references therein made all in further aid of this description. Ln liatir zt1t1) 1" Eliib said Iranted premises, with all the privilejes and ap- purtenances thereof, to the said Grantee, CITY OF SOUTH BURLINGTON, and its successors and assigns eiax�t�, to their own use and behoof forever; .Rnd the said Grantor, OAK CREEK INVESTMENTS successors and assigns for itself and its/ x, eas0ze1dxad=irntws, do covenant with the said Grantee CITY OF SOUTH BURLINGTON, and its successors and assigns hai,,mwxwdxagai0s, that until the ensealinf of these presents it is the sole owner of the premises, and have flood KLMt and title to eonveu the same in manner aforesaid, that they are, ,free .from EnrrU Eneumhrenrr: except as stated above; and it hereby enealfe to Warrant Ana Defina the same against all.lawful claims whatever, except as stated. !ht Witness Whrmif. I this day of lilt Pret5e ce o hereunto set my hand and seal .A. D. 19 87 __OAK -CREEK_ _INVESTMENTS____-_ — By: LDB, INC., General Partner By: ----- - - — Mervin Brown ___Its -_Duly Authorized_- gent_ State Of 11rrinont, Burlington this ee. Qlnuntg of Chittenden day of .1. D. 11%7 Mervin Brown, duly authorized agent of LDB, INC., the general partner of Oak Creek Investments personally appeared, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed. and the free act and deed of LDB, Inc., the general partner of Oak Creek Investments and Oak Creek Investments. Before me Notary Public 00 it V �u _ cr Z F a4 O z � oz a Z � �.0 tt 11 O tiZI V Cn 0 0 V w v: OO LLJ W V w Ck= o D: O w Y X J to W °D W 0 U (- � N F- 4 I— W i � I— O ZF- %' 2 0 WZ� J 7 W I U Z Ll.�i 0 0 w Q W U?NOF U 0 d w W M c7 Y O Cr O � a j Q w F- w a a (L Y :n w it p to CD Q 0 Q O m F- Q v W Ab2b rub PROPERTY TRANSFER TAX (RETURN NO . A 8 2 8 7 8 8 VERMONT DEPARTMENT OF TAXES MONTPELIER, VERMONT 05602 SELLER (TRANSFEROR) NAMEISI MA LING ADDRESS IN FULL INCLUDING ZIP CODE SOCIAL SECURITY NUMBER ■ OAK CREEK INVESTMENTS 1 200 Twin Oaks, So. Burlington. VT 05403 I ■ BUYER ( i CITY OF SOUTH BURLINGTON 1 575 Dorset St., So. Burlington, VT 05 NUMBER - • ' ' - LOCATION (Such as 173 Maple St., Burlington' OR The Smith Farm. Old Mill Road, Tunbridge") If property is located in two towns. please list both "Onen 10.34 Acres_'_on_a Dlan entitled "Oak Creek Village, South Burlington, Vermont, Final 1r II the buyers acquired less than the entree interest (Fee Simple) in the property. please state the inleresl acquired (such as Lite Estate. Perpetual Easement. etc ) Perpetual Easement APPROXIMATE LAND SIZE. ACREAGE AND LOT SIZE: FRONTAGE: DEPTH Please check the applicable box(es) describing existing buildings t NONE 3 ❑HOUSE 5 [:1 BARN 7 ❑MOBILE HOME 9 El STORE 2 ❑ FACTORY d ❑CAMP or VACATION HOME 6 ❑ APARTMENT. NO UNITS 8 ❑ CONDOMINIUM. NO UNITS 10 ❑OTHER (EXPLAIN( Please check the category which best describes the use of the property BEFORE TRANSFER as shown in the GRAND LIST BOOK 1 ❑ PRIMARY RESIDENCE 2 ❑ TIMBERLAND 4 ❑ GOVERNMENT USE 6 [30PEN LAND 8 ❑ OTHER (EXPLAIN) (excluding mobile horses) ❑ 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 properly AFTER TRANSFER 1 ❑ PRIMARY RESIDENCE 3 OPERATING FARM 5 El COMMERCIAL 7 INDUSTRIAL 9 ❑ CAMP OR VACATION 2 ❑ TIMBERLAND 4 ❑ GOVERNMENT USE 6 R1 OPEN LAND 8 ❑ OTHER tEXPLAINI THIS SECTION MUST BE COMPLETED IF TRANSFER IS CLAIMED TO BE EXEMPT FROM PROPERTY TRANSFER TAX It such an exemption is claimed, you need not complete the section titled "TAX," but you MUST COMPLETE the section titled "VALUE CITE EXEMPTION and EXPLAIN: Transfer to a Municipality REAL PROPERTY VALUE INCLUDES the value of any notes. propertystocks. bonds, etc. given to seller, and the value of any mortgages or liens assumed by The buyer If the Vansfei war, a gift or was for nominal consideration, give the estimated fair market value of the real property transfer red TOTAL PRICE PAID $ LESS PERSONAL PROPERTY $ REAL PROPERTY VALUE $ 30 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 VALU THE TAX DUE IS $50,00; IF THE VALUE WAS $100 . THE TAX DUE IS $1 00) AMOUNT DUE ' Make checks payable to VERMONT DEPARTMENT OF TAXES. If there were circumstances 0 the Transfer which suggest that the price paid for the property was either more or less than its fair market value. please explain DATE SELLER ACQUIRED: 12 / 11 / H 6 IF BY GIFT, DATE DONOR ORIGINALLY ACQUIRED 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.) Real Estate Broker's name (if any): It purchaser's princlpa re: amount of Land Gains Tax. NOTE: Residents, Part -Year Residents. Non -Residents - If you realized a (lain on the sale of your property that was included in your Federal Adjusted CERTIFICATE PURSUANT TO 32 V.S.A. §9606 (c) FOR SUBDIVISION REGULATIONS (18 V.S.A. §1218 et seq.) This transfer is in compliance with the Subdivision Regulations of the Agency of Environmental Conservation and any permits issued thereunder. Yes No 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 (a). Willful falsification of any statement contained herein may result in a fine of not more than $1000. SELLER(S)SIGNATURE(S) REEK INVESTMENTS DATE By: Authorized Agent euvEC(I�SIYGNAOTFRE96UTH BURLINGTON DATE By: Duly Authorized Agent CERTIFICATE PURSUANT TO 32 V.S.A. §9608 FOR VERMONT'S LAND USE AND DEVELOPMENT LAW - ACT 250 - (10 V.S.A. §6001 at 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. Yes No 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 cir;umstances. I/We (the Seller(s)) hereby swear and affirm that this certificate Is true all complete to the best of my/our knowledge as required by 32 Y.S.A. §9608. Knowing falslflcation of any statement contained herein Is punishable by a fine of not more than $500 or imprisonment for not more than one year. SELLER(S)SIGNATURE(S) DATE SELLER(S)SIGNATURE(S) DATE OAK CREEK INVESTMEN 9 T� ''``, ��11}}- Richard A. Spokes PREPAREFAg4AATg&Ethoriz nt PREPARED BY PREPARER'SADDRESS P 0 C 9S6# Burlington, VT (MlRTYPE) TOWNCITY DATE OF RECORD BOOK NUMBER LISTED VALUE $ PAGE NO GRAND LIST OF 19 RETURN RECEIVED TAX PAID. BOARD OF HEALTH CERTIFICATE RECEIVED. VERMONT LAND USE AND DEVELOPMENT PLANS ACT CERTIFICATE RECEIVED A RETURN NO. A 8 8 % 8 8 1O MAP AND PARCEL NOS. DATE CLERK NUMBER PUBLiSRED By FORM 1911 - VERMONT WARRANTY DEED 6� 0� f s/ RUT�L�BD. 1E'R-T 05701 t9ttow till MIT h thtsellastut5 Eh of OAK CREEK INVESTMENTS, a Vermont Limited partnership with principal OJiices in South Burlington in the County of Chittenden and State of Vermont Grantor , in the consideration of --------------------------------Ten and more------------------------------ Dollars paid to full satisfaction toy CITY OF SOUTH BURLINGTON, a municipal corporation or in the County of Chittenden and State of Vermont Grantee by these presents, do freely (6ias. (Arent. $tll. (Iona,ru Anb Tonfirm unto the said Grantee CITY OF SOUTH BURLINGTON, and its successors and assigns am&xxxxxxxxxxxbwimamdLvwlnxVorever, a certain piece of land in the City of South Burlington in the County of Chittenden and State of Vermont, described as follows, viz: A parcel of land depicted as "OPEN 67,157 SF" on a plan entitled "Oak Creek Village, South Burlington, Vermont, Final Plat" dated Aug. 1987, last revised by Fitzpatrick -Llewellyn, Incorporated and recorded in Map Book _ at Page of the Land Records of the City of South Burlington. Being a portion of the land and premises conveyed to the within Grantor by the Warranty Deed of Vermont Structural Steel Corporation dated December 11, 1986 and recorded in Volume 218 at Pages 392-394 of the Land Records of the City of South Burlington. Reference is hereby made to the aforementioned instruments and the records thereof and the references therein made all in further aid of this description. To linor ttnd to ELIO said granted premises, with all the privileges and ap- purtenances thereof, to the said Grantee , CITY OF SOUTH BURLINGTON, and its successors and assigns xicxitwx xNxx x,x to their own use and behoof forever; .4nd the said Grantor, OAK CREEK INVESTMENTS successors and assigns for itself and its/ *aim, executors and administrators, do covenant urith the said Grantee CITY OF SOUTH BURLINGTON, and its successors and assigns heirs and assigns, that until the ensealing of these presents it is the sole owner of the premises, and have wood ri-dht and title to convey the same in manner aforesaid, that they are ,Trrr Nrom Euerq Enrumbrattrr; except as stated above; and it hereby engage to 'arrant An% 194mb the same against all - lawful claims whatever, except as stated. +lit Witnrss R[hrrrof. I hereunto set my hand and seal this day of .1. D. 19 87 ?lit Pre.-eitic of -____OAK- CREEK_ INVES-TMENTS__ By: LDB, INC., General Partner By: -- - - -- -- -- - --- -- MERVIN BROWN .-I-Ls.-Duly Author ized_Agent_ State Mf Vermont, .qt Burlington Pe. this GZnuntU of Chittenden day Of .4. D. 1987 Mervin Brown, duly authorized agent of LDB, INC., the general partner of Oak Creek Investments personally appeared, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed. and the free act and deed of LDB, Inc., the general partner of Oak Creek Investments and Oak Creek Investments. Before me 9 ac H O ZO E+ O ,ZO E. H .'7 U Cq th 00 W U W 0 Y W J U D: O U W 0 a w w U W Notary Public � O Cr Q W D O W CrW o Z .J U Z U. 0 X. U U Z C] cl W U a- � W W U_O o: O W F- `c W cc Z W O w Q W J 0 W a N � O _ N �-- W 01 M In O Cb I- WZI Jcr 0W LL00 (n W0)13 Y N Z 0 Ir (L m u828C04 PROPERTY TRANSFER TAX RETURN N D• A 2 4 VERMONT DEPARTMENT OF TAXES MONTPELIER, VERMONT 05602 A. SELLER (TRANSFEROR) NAMEISi (TRANSFEREE) MAILING ADDRESS IN FULL - INCLUDING ZIP CODE ADDRESS IN FULL - INCLUDING ZIP SOCIAL SECURITY NUMBER SECURITY NUMBER CITY OF SOUTH BURLINGTON________4 575 Dorset St., So. Burlington, VT 05403 1 03-6002712 ' LOCATION (Such as 173 Maple St . Burlington" OR -Th,a Smith Farm. Old Mill Road. Tunbridge' ) If property is located in two towns, please list both Open b7,157 st on a plan entitled "Oak Creek Village, South Burlington, Vermont, Final Plat", South Burlington it the bu,e,s acquired less than Ine enure interest (Fee Simple) in the properly. please state the interest acquired (such as Life Estate. Perpetual Easement etc ) Perpetual Easement APPROXIMATE LAND SIZE ACREAGE AND LOT SITE FRONTAGE: DEPTH Please check the applicable boxres) 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 ❑ OTHER (EXPLAIN) Please check the category which best describes the use of the properly BEFORE TRANSFER as shown in the GRAND LIST 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 calegory which best describes the proposed use of the propeny AFTER TRANSFER 1 ❑ PRIMARY RESIDENCE 3 ❑ OPERATING FARM 5P❑ COMMERCIAL 7 ❑ INDUSTRIAL 9 ❑ CAMP OR VACATION 2 ❑ TIMBERLAND 4 ❑ GOVERNMENT USE 6� OPEN LAND 8 ❑ OTHER tEXPLAIN) M THIS SECTION MUST BE COMPLETED IF TRANSFER IS CLAIMED TO BE EXEMPT FROM PROPERTY TRANSFER TAX It such an exemption. is claimed, you need not complete the section cued "TAX,' bu(vou MUST COMPLETE Ine section titled "VALUE CITE EXEMPTION and EXPLAIN: Transfer to a Municipality Ito I REAL PROPERTY VALUE INCLUDES the value of any notes, property. stocks. bonds. etc. given to seller. and the value of any mortgages or bens assumed by the buyer. If the transfer was a gill or was for nominal consideration, give the estimated latr 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 0U (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 ' 0 Make checks payable to VERMONT DEPARTMENT OF TAXES. If there were circumstances in the Transfer which Suggest that the price paid for the property was either more or less than its fair market value. please explain >• DATE SELLER ACQUIRED: — — — IF BY GIFT, DATE DONOR ORIGINALLY ACQUIRED: 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.) Transfer to a Municipality Real Estate Broker's name (it any): amount of Land Gains Tax. - It you realized a Hain on the sale of your property that was included in your CERTIFICATE PURSUANT TO 32 V.S.A. §9606 (c) FOR SUBDIVISION REGULATIONS (18 V.S.A. §1218 et seq.) This transfer is in compliance with the Subdivision Regulations of the Agency of Environmental Conservation and any permits issued thereunder. Yes No 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 RIGULATIONS, 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). Wiiiful falsification of any statement contained herein may result in a fine of not more than $1000. SELLER(S) SIGNATURE(S) OAT E OAK CREEK INVESTMENTS B _ Duly Authorized Agent BUYERS) SIGNATURE(S) CITY OF SOUTH BURLINGTON DATE By: Duly Authorized Agent CERTIFICATE PURSUANT TO 32 V.S.A. §9608 FOR VERMONT'S LAI4D 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. Yes No — 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)] hereby swear and affirm that this certificate is true and complete to the best of my/our 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 $500 or imprisonment for not more than one year. SELLERS) SIGNATURE(S) DATE —OAK CREEK INVESTMENTS —By: Duu1�7 gur_ L PREPARER'S SrGNATUREhorizeenn�j'' PREPARER'SADDRESS P.O. oX 986, Burlington, VT SELLER(S) SIGNATURES) DATF PREPARED BY Richard A. Spokes 0 5MOR TYPE) TOWNCITY DATE OF RECORD BOOK NUMBER — LISTED VALUE $ — MAP AND PARCEL NOS PAGE NO. GRAND LIST OF 19 RETURN RECEIVED TAX PAID, BOARD OF HEALTH CERTIFICATE RECEIVED. VERMONT LAND USE AND DEVELOPMENT PLANS ACT CERTIFICATE RECEIVED A O O 4 RETURN NO. H Q 8 SIGNED CLERK DATE TOWN NUMBER PUBIIBMED By FORM 1911 - VERMOM WARRANTY DEED `VY Bu=TCfur.9a IER-T 05701 It at OAK CREEK INVESTMENTS, a Vermont Limited partnership with principal Ojtices in South Burlington in the County Oj Chittenden and State of Vermont Grantor , in the consideration of --------------------------------Ten and more------------------------------ Dollars paid to its full satisfaction by CITY OF SOUTH BURLINGTON, a municipal corporation of in the County of Chittenden and State of Vermont Grantee by these presents, do freely (itnr. grant. Sell. Mnttaru Anb Confirm unto the said Grantee CITY OF SOUTH BURLINGTON, and its successors and assigns WXXXXXXXXxx forever, a certain piece of land in the City of South Burlington in the County of Chittenden and State of Vermont, described as follows, viz: A parcel of land depicted as "OPEN SPACE AREA = 6.17 ACRES" on a plan entitled "Oak Creek Village, South Burlington, Vermont, Final Plat" dated Aug. 1987, last revised _ by Fitzpatrick -Llewellyn, Incorporated and recorded in Map Book at Page of the Land Records of the City of South Burlington. The parcel of land herein conveyed shall be maintained by the within Grantee and its successors and assigns, in a natural or landscaped state, and no structures shall be constructed or maintained thereon. This conveyance is subject to the right of the occupants of the dwellings in Oak Creek Village to use that area depicted on the aforementioned plan as "15' x 90' MAILBOX EASEMENT" for the maintenance of mailboxes. Being a portion of the land and premises conveyed to the within Grantor by the Warranty Deed of Vermont Structural Steel Corporation dated December 11, 1986 and recorded in Volume 218 at Pages 392-394 of the Land Records of the City of South Burlington. Reference is hereby made to the aforementioned instruments and the records thereof and the references therein made all in further aid of this description. C"it Maur ant) 2n ROO said (',-._!rited premises, with all the privileges and ap- purtenances thereof, to the said Grantee , CITY OF SOUTH BURLINGTON, and its successors and assigns Agsx mot", to their own use and behoof forever; .4nd the said Grantor, OAK CREEK INVESTMENTS, for itself and its successors and assigns §t3txxxxxxxxxxxxxxxx m*xxxxxxxxxxxxxx x exKKXU)WXM*WdMWIi0W do covenant with the said Grantee CITY OF SOUTH BURLINGTON, and its successors and assigns hM xKW , that until the en.scaling of these presents it is the sole owner of the premises, and have Oood ritfht and title to conveu the same in manner aforesaid, that they are Yrrr Nrom Enrrg Enrumhranrs: except as stated above; and it hereby engage to Warrant Ana llrfrnb the same against all 'lawful claims whatever, except as stated. An Munrss Whrrrof. I this day of n Pre!5eitry of hereunto set my hand and seal .4. D. 1989 OAK - CREEK INVESTMENTS By: LDB, INC., General Partner By--- --- MERVIN BROWN Its- _Duly Author-fted_Agent_ Statr (Of Termont, ,qt Burlington this eR. Qlnuttlp of Chittenden day of .4. D. 1987 Mervin Brown, duly authorized agent of LDB, INC., the general partner of Oak Creek Investments personally appeared, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed. and the free act and deed of LDB, Inc., the general partner of Oak Creek Investments and Oak Creek Investments. Before me -- -- - - -- ..- --- - - - - W � Z W O " 9 x H to H oz H >_4 rP.� H ,`7 U PO n L� W Q U_ W 0 Y D: W ..1 U Notary Public i � o O U w Y cr .J to W °D W o u H_�N f Q f-W14 f p Z U_ 0 Z '' >_ 9 0 W Z i JAM =W O�z v Z w � U U V0 0 I W rn 0 W F- w O O M (L 7 w Q: U) m Q a 0 m r Q pC PROPERTY TRANSFER TAX RETURN NU. AQ °� VERMONT DEPARTMENT OF TAXES V L r L 5 MONTPELIER, VERMONT 05602 A. SELLER (TRANSFEROR) NAMEIS) MAILING ADDRESS IN FULL - INCLUDING ZIP CODE SOCIAL SECURITY NUMBER OAK CREEK INVESTMENTS 200 Twin Oaks, So. Burlington, VT 05403 BUYER (TRANSFEREE) NAMEIS) MAILING ADDRESS IN FULL - INCLUDING ZIP CODE SOCIAL SECURITY NUMBER CITY OF SOUTH BURLINGTON 575 Dorset St., So. Burlington, VT 05403 • ' LOCATION (Such as '173 Maple St . Burlington's OR "The Smith Farm Old Mill Road Tunbridge') If property is located in two towns, please list both. pen Space area = 6.17 Acres" on a plan entitled 'Oak Creek Village, South Burlington, Vermont, Final Plat", South Burlington It lip b,ipe�Qua leSEiiaseIItentnierest (Fee Simple) in the property. please state the interest acquired (such as Life Estate, Perpetual Easement. etc I APPROXIMATE LAND SIZE: I ACREAGE: AND LOT SIZE FRONTAGE: DEPTH Please check the applicable box(es) 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 ❑ OTHER (EXPLAIN) Please check the category which best describes the use of the property BEFORE TRANSFER as shown In the GRAND LIST BOOK. 1 ❑ PRIMARY RESIDENCE 2 ❑ TIMBERLAND 4 ❑ GOVERNMENT JSE 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 calegory which best describes the proposed use of the property AFTER TRANSFER I ❑ PRIMARY RESIDENCE 3 ❑ OPERATING FARM 5 ❑ COMMERCIAL 7 ❑ INDUSTRIAL g ❑ CAMP OR VACATION 2 ❑ TIMBERLAND 4 ❑ GOVERNMENT USE 6 ® OPEN LAND 8 ❑ OTHER (EXPLAIN) *A4M2t[6l THIS SECTION MUST BE COMPLETED IF TRANSFER IS CLAIMED TO BE EXEMPT FROM PROPERTY TRANSFER TAX It such an exemption is claimed, you need not complete The section titled "TAX," but you MUST COMPLETE the section titledVALUE CITE EXEMPTION and EXPLAIN Transfer to a Municipality REAL PROPERTY VALUE INCLUDES the value of any notes. property, stocks. oonds, etc, given to seller. and the value of any mortgages or liens assumed by the buyerit the transfer was a gilt or was for nominal consideration, give the estimated fair 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 ' 0 Make checks payable to VERMONT DEPARTMENT OF TAXES. If there were circumstances in the Transfer which suggest that the price paid for the properly was either more or less than its lair market value, please explain • DATE SELLER ACQUIRED: IF BY GIFT. DATE DONOR ORIGINALLY ACQUIRED: 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) Transfer to a Municipality Real Estate Broker's name (if any): If purchaser's principal residence exemption is claimed and purchaser fails to comply with exemption requirements, purchaser will be liable for full amount of Land Gains Tax. NOTE: Residents, Part -Year Residents. Non -Residents - If you realized a gain on the sale of your property that was included in your Federal Adjusted _--Gross Income, A Vermont Income Tax Return must be filed. CERTIFICATE PURSUANT TO 32 V.S.A. §9606 (c) FOR SUBDIVISION REGULATIONS (18 V.S.A. §1218 et seq.) This transfer is in compliance with the Subdivision Regulations of the Agency of Environmental Conservation and any permits issued thereunder. Yes No 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. SELLERIS) SIGNATURE1S) OAK CREEK LNVESTMENTS DATE BUV G U CITY TH BURLINGTON DATE By: —By: Duly Authorized Agent Duly Authorized gem 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. Yes No 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)] hereby swear and affirm that this certificate Is true and complete to the best of my/our 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 $500 or Imprisonment for not more than one year. SELLER(S)SIGNATURE(S) DATE SELLERIS)SIGNATURE(S) DATE —OAK CREEK INVESTMENTS ,u� authorize t Richard A. Spokes PRE PARER'S NA �4 PREPARED BY PREPARER'SADDRESS P.O. OX 986, Burlington$ VT 0JRTYPE) • • • •' ACKNOWLEDGEMENT TOWN NUMBER TOWNICITY RETURN RECEIVED TAX PAID, BOARD OF HEALTH CERTIFICATE RECEIVED VERMONT LAND USE AND DEVELOPMENT PLANS ACT DATE OF RECORD CERTIFICATE RECEIVED A 8 2 V/ Q 7 O S BOOK NUMBER PAGE No RETURN NO A LISTED VALUE t GRAND LIST OF 19 SIGNED CLERK MAP AND PARCEL NOS DATE DEPARTMENT OF TAXES COPY SPOKES. FOLEY & STITZEL ATTORNEYS AT LAW 239 SOUTH UNION STREET P. 0. BOX 986 BURLINGTON, VERMONT 05402-0986 RICHARD A. SPOKES JAMES D. FOLEY STEVEN F. STITZEL RICHARD F. PETERSON, JR. October 20, 1987 Robert B. Roesler, Esq. Roesler & Whittlesey P.O. Box 488 Burlington, VT 05402-0488 Re: Oak Creek Village Dear Bob: (802) 862-6451 (802) 863-2857 I neglected to include a deed for the open space parcel between Lots 34 and 56 on Moss Glen Lane. The proposed deed for this parcel is enclosed. Very ul yours, Richard A. Spokes RAS:mil Enclosure / CC: Jane LaFleur, City Planner Mervin Brown FORM 1911 - VERMONT WARRANTY UEEU � fj'rrr/lrriir� ��ul �.z, � RY1lMW vI PM(!PI l eIt OAK CREEK INVESTMENTS, a Vermont Limited partnership with principal offices in South Burlington in the County o)' Chittenden and State of Vermont Grantur , in the consideration of --------------------------------Ten and more------------------------------ Dollars paid to its full satisfaction by CITY OF SOUTH BURLINGTON, a municipal corporation Eft in the County of Chittenden and State of Vermont Grantee by these presents, do freely anus. Grant. *ell, (gannet Anb Tonftrm unto the said Grantee CITY OF SOUTH BURLINGTON, and its successors axxxxxxxxxxx*sirs and assigns forever, a certain piece of land in the City of South Burlington in the County of Chittenden and State of Vermont, described as follows, viz: A parcel of land depicted as "OPEN 15,068 SF" on a plan entitled "Oak Creek Village, South Burlington, Vermont Final Plat" dated Aug. 1987, last revised by Fitzpatrick -Llewellyn, Incorporated and recorded in Map Book at Page of the Land Records of the City of South Burlington. The parcel of land herein conveyed lies between Lots 34 and 56 on Moss Glen Lane as depicted on the aforementioned plan. Being a portion of the land and premises conveyed to the within Grantor by the Warranty Deed of Vermont Structural Steel Corporation dated December 11, 1986 and recorded in Volume 218 at pages 392 of the Land Records of the City of South Burlington. -Reference is hereby made to the aforementioned plan and the records thereof, and the references therein made all in further aid of this description. Vn Halle ttnb to 3 LIO said granted premises, with all the privileges and ap- purtenances thereof, to the said Grantee, CITY OF SOUTH BURLINGTON, its successors hr,im and assigns, to their own use and behoof forever; .find the said Grantor, OAK CREEK INVESTMENTS for itself and its successors and assigns Api mxxxxxxxxxxxxxxx"Idxxxxxxxxxxxxxxh"n, executors and administrators, do covenant with the said Grantee CITY OF SOUTH BURLINGTONS, its successors his and assigns, that until the ensealing of these presents it is the sole owner of the premises, and have ¢ood right and title to convey/ the same in manner aforesaid, that they are Yree Krum Eaerg Enrumbramr: except as stated above; and it hereby engage to Warrant Anb Befenb the same against all lawful claims whatever, except as stated. +lii 11litnrsa 1I1irrrnf. I this day of ?1n Ire.- pence of hereunto set my hand and seal ✓1. D. 19 87 ---OAK CREEK_ INVESTMENT -- -- -- ' By: LDB, INC., General Partner MERVIN BROWN Tts Duly _Authorized Agent Watt (Of Vermnul, ✓It Burlington this Tauntp of Chittenden day of .4. D. 19B7 Mervin Brown, duly authorized agent of LDB, INC., the general partner of Oak Creek Investments personally appeared, and he acknowledged this instrument, by __"'-a " 4 o, 7,o. ;hod tri ho 11; a free act and deed. M SotewNdL Group 920040e2 A828746 PROPERTY TRANSFER TAX RETURN VERMONT DEPARTMENT OF TAXES N O. A 8 2 8 7 4 6 MONTPELIER, VERMONT 05602 A. SELLER ITHANSFEROR) NAMES) MAILING ADDRESS IN FULL - INCLUUING ZIP COON SOCIAL SECURITY NUMBER OAK CREEK INVESTMENTS 200 Twin Oaks, So. Burlington, VT 05403 BUYER (TRANSFEREE) NAMEtSi MAILING ADDRESS IN FULL INCLUDING ZiP CODE SOCIAL SECURITY NUMBER CITY OF SOUTH BURLINGTON 575 Dorset St., So. Bur ington, VT (y57+0 - • • LOCATION (Such as ' 173 Maple St . Buninglon' OR "The Smith Farm. Old Mill Huad. Tunundge' I It propelly is iuC Iled in Iwo towns. please list both. 'QPENN1 006fl SFT on a plan entitled "oakCreekage, out urTng iton� Vermon , 11I cy I Inan [tie .nine interest (Fee Simple) in the prolmny please state the inleresl ucquved (Such as Life Eslatu. Perpetual Easement elc I APPROXIMATE LAND SIZE ACREAGE AND LOT SIZE FRONTAGE. ULPTH Please check the applicable bottles) dnecnoiny exlsnng bwiumys �y NONE 3 ❑ HOUSE 5 ❑ BARN 7 MOBILE HOME 9 ❑ STORE f❑� C� FACTORY 4 ❑ CAMP ur VACATION HOME 6 ❑ APARTMENT, NO UNITS of 1..1 CONDOMINIUM NO UNITS 10 ❑ OTHER(EXPLAINI Please check the category which best descnbus the use of the piopany BEFORE TRANSFER as shown ,n uw GRAND LIST BOOK I [] PRIMARY RESIDENCE 2 ❑ TIMBERLAND 4 ❑ GOVERNMENT USE 6 U OPEN LAND B ❑ OTHER (EXPLAIN) (excluding rrioblle hones) n NEWLY CONSTRUCTED 3 Q OPFHATING FARM 5 Q COMMERCIAL 7 ❑ INDUSTRIAL 9 ❑ CAMP OR VACATION (never oceupwd, less than 1 yr oid) ❑ EXISTING Prease check IM category which best deselibes the proposed use of the propeny AFTER TRANSFER I ❑3 PRIMARY RESIDENCE 3 ❑ OPERATING FARM 5 ❑ COMMERCIAL 7 ❑ INDUSTRIAL 9 ❑ CAMP OR VACATION 2 LJ TIMBERLAND 4 U GOVERNMENT USE 6 4j OPEN LAND 6 Cl OTHER (EXPLAIN) e e THIS SECTION MUST BE COMPLETED IF TRANSFER IS CLAIMED TO BE EXEMPT FROM PHUPLH IY TRANSFER TAX II Such an exemption is claimed. you need nol conlplete Into suction lilleo' TAX.'- but you MUST COMPLETE Ins section lolled -VALUE Transfer to a Municipality CITF IXtMPTION and EXPLAIN REAL PROPERTY VALUL INCLUDES the value of any notes, properly, slocxs..onus. etc. given W sellef , and one value ut any nloi tyages ur liens assumed by tie buyer. 11 Ine if ender was a gi t or was lot nominal consideralion, give Ine estimaled Idlf market value of Ina real property liansferred TOTAL PRICE PAID S LESS PERSONAL PROPERTY $ REAL PROPERTY VALUE S TAX PAYMENT DUE: FIVE TENTHS OF ONE PERCENT(0 005)OF THE AMOUNT SHUWN 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 SI00., THE TAX DUE IS $1.001 AMOUNT DUE Now* 0 Make checks payable to VERMONT DEPARTMENT OF TAXES fl there were cucumstancus in lite Tiansler wnicn suyq—I [tie properly was eilnur more or less than as lair mmket value. Pleas. explain e19 DATE SELLER ACQUIRED i c / 1 1 / o U IF BY GIFT, DATE DONOR ORIGINALLY ACQUIRED IF A VLHMON I 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.) • ) --_ ADDENDUM TO VERMONT PROPERTY TRANSFER 'PAX RETURN (FORM PT-1) Complete and attach this addendum to the Vermont Property Tax Return (Form PT-1) for all transfers after June 30, 1987. Return No. A82§746 (see upper left hand corner of Form PT-1) 1. Does this conveyance create a partition or subdivision of land? Yes No x If yes, An Act 250 Disclosure Statement must be attached to the Vermont Property Transfer Tax Return before a deed can be recorded with the town clerk. 2. The parties hereby acknowledge that the seller(s) advised the buyer(s) that local and state building regulations, zoning regulations, and subdivision regulations pertaining to the property may limit significantly the use of the property. 3. The parties acknowledge that they are aware that an Act 250 permit is required if the parcel is one of ten or more lots created by a person within the past five years and within five miles of the land being divided or partitioned or within the jurisdictional area of the District Environmental Commission in which the land being partitioned or divided is located; the project is a development, as defined in 10 V.S.A. S 6001.(3); or the project is a subdivision or development in existence prior to the effective date of Act 250 as specified in g 6081(b) which has been or will be substantially changed. A parcel is exempt from the requirements for an Act 250 permit if it is not one of ten or more lots created by a person within the past five years and within five miles of the land being subdivided or partitioned or within the jurisdictional area of the District Environmental Commission in which the land being partitioned or subdivided is located; it is exempt under the same exceptions as exemptions 1. and 3. of the Subdivision Regulations; the lot is part of a subdivision approved by the Department of Health or the Agency of Environmental Conservation prior to August 1, 1070; or no development, as defined in 10 V.S.A. § 6001(3), has taken place on the parcel after June 1, 1970. We hereby swear and affirm that the statements on this Addendum to Vermont Property Transfer Tax 16�turn are true, correct and complete to the best of our knowledge. State of Vermont ADMINISTRATIVE LAND USE PERMIT AMENDMENT CASE NO. 0694- APPLICANT F�-k Cr estmen ADDRESS 0 win Oaks errace South Burlington, Vermont 05403 LAWS/REGULATIONS INVOLVED 10 V.S.A., Chapter 151 (Act 250) and Vermont State Environmental Protection Rules Chapter 3, Subdivisions Appendix A, Design Guide- lines District Environmental Commission #4 issues a Land Use Permit Amendment #4C0694-2 pursuant to the authority vested in it in 10 V.S.A., Chapter 151. This permit amendment applies to the lands identified in Book 218, Pages 392-394 of the land records of the City of South Burlington, Vermont, as the subject of a deed to Oak Creek Investments, the "Permittee" as "grantee". This permit specifically incorporates Subdivision Permit EC-4-1060-2 which approves the re -designing of the pump station previously approved in Subdivision Permit EC-4-1060 for a 115 luL subdivision located off Route 116 in South Burlington, Vermont. The Permittee, its assigns and successors in interest, are obligated by this permit to complete, operate and maintain the project only as approved by the District Commission in accordance with the following conditions: 1. All conditions of Land Use Permits #4C0694 through #4C0694-1 remain in full force and effect except as amended herein. 2. This permit hereby incorporates Subdivision Permit EC-4-1060-2 issued on June 3, 1988 by the Regional Engineer, Division of Protection, Agency of Natural Resources. 3. Failure to comply with any of the above conditions may be grounds for permit revocation pursuant to 10 V.S.A., Section 6090(b). Dated at Essex Junction, Vermont, this 9th day of June, 1988. By Louis Borie District #4 Coordinator aml FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services The Kiln • 15 Brickyard Road • Essex Junction • Vermont • 05452 • (802) 878-3000 23 December 1986 Mr. William Szymanski, P.E. City Manager 575 Dorset Street South Burlington, Vermont 05403 RE: Preliminary Lighting Plan LDB Development FILE: 86030 Dear Mr. Benson: R,rC£lvro We have enclosed a preliminary lighting plan of the above mentioned Project for your review. We will be happy to discuss this plan with you after you have made your review. Although this is only a preliminary plan we would like to work close with you to expedite approval and avoid any construction delays. We remain available for questions at your convenience. Sincerely, FITZPATR//I__CK--JLLEWELLYN/ INC/ORPPORATED a et, Charles Van Winkle CVW/tao Design 0 Inspection 0 Studies 0 Permitting FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive WILLISTON, VERMONT 05495 (802) 878-3000 TO LETTER OF TRANSIYIITTAL DATE z JOB NO. �� 1 3 io ATTENTION RE: a Cvee lk _ WE ARE SENDING YOU � Attached ❑ Under separate cover via 1ly'-PLc�the following items: ❑ Shop drawings Prints ❑ Plans ❑ Samples ❑ Specifications f Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION C p1 Qu-eA(� JlbL �to-, (-Vev z IS7 6L&.,, l UJ-1. l ii-Le5 vcv. Iz -8g 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 El PRINTS RETURNED AFTER LOAN TO US COPY TO PRODUCT 240-2 IM., Croton, Ma 014/1 SIGNED: It enclosures are not as noted, kindly notify us at once. FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive • Williston • Vermont • 05495 • (802) 878-3000 13 December 1988 Chief James Goddette South Burlington Fire Department Dorset Street South Burlington, Vermont 05403 RE: Oak Creek (LDB) Hydrants FILE: 87136 DBar Chief Goddette: As requested we have shown fire hydrants in the locations specified. We've enclosed current drawings showing hydrants on Mill Pond Lane (at Lot 79) and Fox Run Lane (at Lots 1 & 101). Please call should you have any questions. Sincerely, FITZPATRICK-LLEWELL YN INCORPORATED �ILkP KAcC-Le- —4,4 Skip McClellan cc Mery Brown Joe Weith SLM:amov Design • Inspection • Studies • Permitting • Surveying State of ivision Permit Vermont CASE NO. EC-4-1060-2 APPLICANT Oak Creek Investments ADDRESS 200 Twin Oaks Terrace So. Burlington, VT 05403 LAWS/REGULATIONS INVOLVED Chapter 3 - Subdivisions Appendix A - Design Guidelines This project, consisting of re -designing the pump station previously approved in Subdivision Permit EC-4-1060 for a 115 lot subdivision located off Route 116 in the City of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. This Permit does not constitute Act 250 approval under Case Number 4C0694-2 GENERAL (1) This permit does not relieve you, as applicant, from obtaining all approvals and permits as may be required from the Act 250 District Environmental Commission, the Department of Labor and Industry (phone 828-2106), the Vermont Department of Health (phone 863-7220), and local officials PRIOR to proceeding with this project. (2) The project shall be completed as shown on the plans Project Number 87062 Sheet 5 of 23 dated July 1987 last revised 3-3-88; and Sheet 15 of 23 dated Feb. 1988 prepared by FitzPatrick-Llewellyn, Inc. and which have been stamped "approved" by the Division of Protection. The project shall not deviate from the approved plans without prior written approval from the Division of Protection. (3) Each prospective purchaser of each lot shall be shown a copy of the approved plot plan and this Subdivision Permit prior to conveyance of the lot. (4) All conditions set forth in Subdivision Permit #EC-4-1060 dated December 22, 1986 and EC-4-1060-1 dated March 11, 1988 shall remain in effect except as modified or amended herein. Patrick A. Parenteau, Commissioner Department of Environmental Conservation By Ernest P. Christianson Regional Engineer Dated at Essex Jct., Vermont this 3 day of / 1988. cc: Donald Robisky City of So. Burlington Louis Borie Dept. of Health Dept. of Labor & Industry Robert Hood Fitzpatrick-Llewelly, Inc. Robert C. Roesler Richard C. Whiftlesey Marsha Smith Meekins ROESLER & WHITTLESEY Attorra ,s At Law J A N - 3 �? MANAGETS OFFICE '1TY OF SO. BURLINGTON Mr. William Szymanski, City Manager City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 P.O. Box 488 131 Main Street Burlington, VT 05402 December 29, 1988 Re: Oak Creek Investments to City of South Burlington Dear Bill: (802) 863-1 182 Fax (802) 863-9778 Enclosed please find a copy of the Extension Agreement to be executed between the City and L.D.B. Development, Inc. I have reviewed the extension and it does what we wish, i.e., extend the agreement for an additional two years on the Same terms and conditions. Would you please review the agreement and let me know if you wish to make any changes or modifications. If not, I will speak to Jim Foley and have him prepare an original for execution. Very truly yours, �Sc�(�vzt K�-eaQ.e�r�crnn Robert C. Roesler RCR /rmrl, Enc. cc: James D. Foley, Esq. 1 —:2 _ — _ = F F: I 1 _ _ 4 7=:F•i,k::= Fi=�LE'-i' : TZL F' R < I SPOKES, FOLEY & PETERSON ATTORNEY& AT LAW BURLINOTON. YE01MONT EXTENSION AGRE.?MENT AGREE?TENT MADE this day of December, 1988, by and between OAK CREEK INVESTMENTS, successor in interest to L.D.U. DEVELOPMENT, INC., of the City of South Burlington, Vermont (hereinafter referred to as "Seller") and the CIT`:' OF SOUTH 13UPLINGTON, a municipality char- tered pursuant to the la as of the State of Vermont (hereinafter referred to as "Buyer"). W I T N E S S E 1 H: WHEREAS, Seller and Buyer entered into a real estate purchase and sales agreement dated the day of October, 1986, whereby the Seller agreed to sell to Buyer a parcel of land containing approximately 28 acres; and WHEREAS, paragraph 3(c) or the agreement provided that the purchase was contingent upon the Buyer acquiring 7.2 acres of land which would be designated as prime agriculture soil. to allow for a transfer of development rights, which acquisition :rust be completed on or before January 1, 1989; and WHEREAS, the Agreement further provided that in the evenc cbe Buyer is unable to acquire such additional land or if the development rights cannot be transferred, then the price for the 28 acres would increase from $-'_,0i)0.00 to $210,000.00, which additional sum was to be paid or ':efore January 31, 1989; and WHEREAS, the Seller sold to the Buyer the 28 acres provided for in said agreeT.':G on October 1987 and at that time received the sum of $185,000.00; ar_d I -2- _-_ 2 F P: 1 1 3 i F 4y _ SPOKES. FOLLY & PETERSON ATTORNEVS AT LAW BUrtUNOTON. VERMONT WHEREAS, the Buyer has not been able to acquire the 7.2 acres of agricultural land but wishes to extend the dace of closing for two years; and WHEREAS, the Seller is agreeable to such an extension. NOW, THEREFORE, in exchange for nutual promises contained herein and other good and valuable consideration the parties hereby agree as follows: 1. The date by which the Buyer is required to acquire the 7.2 acres of lznd designated as prime agricultural soil has been extended to January 1, 1991. 2. In the event the Buyer is unable to acquire such additional land by January 1, 1991 or if the development rights cannot be trans- ferred, then the Buyer shall pay to the Seller the additional purchase price of. $25,000.00 to be paid on or before January 31, 1991. 3. All other terms and conditions of said agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have here::nto set Their hands and seals as of the day and year first above written. IN THE PRESENCE OF: OAK CREEK INVEST,:EP;TS A Vermont Limited Partnership BY: LDB, INC., General partner By: Its Duly Authorized agent CITY OF SOUTH BURLINGTON By: Its Duly Authorized Agent - 2 - SpoKEs. FOLEY & PETESSON ATTORNEYS AT LAW OURLINGTON. VERMONT STATE OF VERP•fONT COUNTY OF CHITTFNDEN, SS. At South Burlington, this day of December, 1988, MERVIN BROWN, duly authurizec� agent of LDB, INC,, General Partner of OAK CREEK INVESTMENTS, personally appeared, and he acknowledged this instrument, by him sealed and subscribed, to be the free act and deed of LDB, INC., General Partner of OAK CREEK INVESTMENTS, and his own free act and deed. Before me, STATE OF VERMONT COUNTY OF CHITTENDEN, SS. Notary Public At South Burlington., this day of December, 1988, duly authorized agent of the CITY OF SOUTH BURLINGTON, personally^ appeared, and he acknowledged this isntrument, by him sealed and subscribed, to be the free act and deed of CITY OF SOUTH BURLINGTON, and his own free act and deed as such duly authorized agent. Before me, - 3 - Notary Public PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSON The South Burlington Plon- n.ng Commission will hold a pub- lic hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, August 12, 1986, at 7:30 P.M. to consider the following: Preliminary plat application of LDB, Inc. (Mery Brown) for a subdivision of the 100+ acre Vermont Structural Steel prop- ierty into 119 single family lots, one undeveloped lot for future residential development and a 28+ acre industrial lot. Property is bounded on the south by H. Dubois, on the north by E. Hill, on the east by G. Rye and Hines - bur gg Road, and on the west by D. Economou and R. Calkins and is located at 1179 Hinesburg Rood. Copies of the application are available for public inspection at .. the South Burlington City Hall. Peter L. Jacob Chairman South Burlington Planning Commission I July 26, 1986. PUBLIC HEARING SOUTH BURLINGTON CITY COUNCIL The South Burlington City Council'i will hold a public hearing at the South Burlington City Hall, Con- ference Room, 575 Dorset Street, South Burlington, Vermont on Monday, August 24, 1987 at 7:30 P.M. to consider the follow- ing: I. Preliminary Plot application of A & G Investments for a 178 lot residential subdivision on 40 acres with an associated street network. The pro is bound- ed on the north - State of Vermont (1.89), on the east Isy Hill, on the west by City of South Burlington (Dorset Street), and on the south by Lena Calkins and is located at 2040 Williston Road. 2. Revised Final Plat opplicotion of LDB Incorporated (Mery Brown) for a 112 lot single-fami- ly subdivision with 21 ocres of open space on 71.8 acres and a 28 acre parcel of industrial land for the future park facifiry. Prop- erty is bounded on the north by G. Rye and E. Hill, on the west by R. Calkins and D. Economou, on the south by Butler farms Development (H & M Dsibois) and is located at 1175 Hinesburg Road. Copies of the applications are available for public Inspectbn tJNyj at the South Burlington City He' Peter 1. 1aco�i Chairman. South Burlington ) Planning CommissioA August 8, 1987 --J PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Plan- ning Cnmm,:sdon will hold a pub- lic hearing -t the 5outh Burlington City Hol: Conference Room, 575 Dorset Sheet, South aurlington, Vermont on Tuesday, . 28, 1986 at 7:30 eM to ('er she following: tmal Plat application of MSR, Inc., (Mery Brown) for a 115 lot single-family subdivision with 21.4 acres of open space on 71.8 acres and a 28 acre parcel of industrial lend for the future park facility. Pr )party is twa„ded on the north t;y G. Rye and E. Hill, on the west by R. Calkins and D. Economou, on the south by the Butler Firms development (H & M Dubois) cod is located at 1175 Hinssburg Road. • ..s of the application are railable for public inspection at he South Burlington City Hall, Peter L. Jacob Alib Chairman, ••outh Burlington Plan .,g Commission October 11, 1986 PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Plan- ning Commission will hold a pub- lic hearing at the South Surlingtot City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, July 28, 1987, at 7:�13 P.M. to consider the following: 1) Final Plat application of Tom Drolette for a three lot resi- dential subdivision on a 40.9 acre parcel. The property is bounded on the north by Mayer and Lyman, Rice, Linton, on the east by Trevithick, Ber-cl,, Smith, and Pappas, or the we t by the Irish Farm, and on th south by Champlain Water Di, I trict and will be toca'?d on Har bar Ridge Road extension. 2) Final Plat application of Wd- ham Shenrer for a 56 unit Planned Unit Development on 15.5 acres. Property is bounded by R. Munson and Melno Con- crete to the north, J. Brill, T. Shepherd, S. Stebbins to the east, the Citv of South Burlington (Jaycee ';,•k). a 1,11 -nc C. Perk,ns, Gordenwny, Inc.. diii ..' Precourt to the south, and E. Lomplough to the west, and is located west of 159 and 173 Patchen Road. 3) Preliminary Plat application of John H. Belter Jr., for a 21 lot commercial subdiv sion on a 52.4 acre parcel. The property is bounded on the north by R & L Shand, R & J dnrerd, J & E Goldberg, T. Chostenay V,T. j Ventures and J. M.'Keown. 5 & D Hard, F & M 7aft, L & R Dumont, S. Unsworrh and K. Martinez, F. Noef and R. Volk, D & L Bar - chord, City of South Bvrlington : (Ethan Allen Drive). Green Moun- tain Power Corporation, A & R Berard, R. Berard, K & C. Smith, on the west by N. Word, N. Barrett ai.c! !a-_, O. , Brady, O. Kopvstinnslryi, D & R Sutton, H & J Bruner ono o t the east and south by the Winooski River and is located on Ethan Allen Drive. 4) Revised Final Plot application of LDB Incorporated (Mery Brown) for a 172 lot single-fami ly subdivision with 21 acres of open space on 71.8 acres and a 28 acre parcel of industrial land f for the future park faci rty. Prop- erty is bounded on the north by G. Rye and E. Hill, on the west by R. Calkins and D. iconomou, on the south by Butler Farms Developmen: (H .v M Dubois) and is located at 1175 Hinesburg Road. -opies of the applications are railable or public inspection at i `` South Burlington City Hall, Peter L. Jacobs Chairman., South Burlington Planning Commission July 11, 1987 CASE NO APPLICANT ADDRESS State of Vermont LAND USE PERMIT AMENDMENT 4C0694-4 LAWS/REGULATIONS INVOLVED City of South Burlington 10 V.S.A. §§ 6001 - 6092 (Act 250) c/o Tom Pietro 575 Dorset Street South Burlington, VT 05403 District Environmental Commission #4 hereby issues Land Use Permit Amendment 4C0694-4, pursuant to the authority vested in it by 10 V.S.A. §§ 6001-6092. This permit amendment applies to the lands identified in Book 281, Page 215, of the land records of the City of South Burlington, Vermont, as the subject of a deed to the City of South Burlington, the Permittee as Grantee. This permit specifically authorizes the Permittee to construct a stormwater treatment pond and access road on Lot "A" of the Oak Creek subdivision. The Project is located on Hinesburg Road (Route 116) in the City of South Burlington. The project is subject to Act 250 jurisdiction because the project is a material change to a development over which the Commission has jurisdiction and thus a land use permit amendment is required pursuant to Act 250 Rule 34. The Permittee, and its assigns and successors in interest, are obligated by this permit to complete, operate and maintain the project as approved by the District Commission in accordance with the following conditions: 1. All conditions of Land Use Permit #4C069 and amendments are in full force and effect except as amended herein. 2. Representatives of the State of Vermont shall have access to the property covered by this permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental and health statutes and regulations and with this permit. 3. The project shall be completed, operated and maintained in accordance with: the plans and exhibits on file with the District Environmental Commission, and the conditions of this permit. 4. The approved plan is: Drawing C3 - "Erosion Prevention and Sediment Control Plan, Oak Creek Micropool" dated, July 29, 2008. 5. A copy of this permit and approved plans shall be on the site at all times throughout the construction process. Land Use Permit #4C0694-4 Page 2 of 5 No changes shall be made in the design or use of this project without the written approval of the District Coordinator or the Commission, whichever is appropriate under the Act 250 Rules. Pursuant to Act 250 Rule 51(G), the permit application and material representations relied upon during the review and issuance of this permit by the District Commission shall provide the basis for determining future substantial and material changes to the approved project and for initiating enforcement actions. The District Environmental Commission maintains continuing jurisdiction during the lifetime of the permit and may periodically require that the permit holder file an affidavit certifying that the project is being completed, operated and maintained in accordance with the terms of the permit, as provided by 10 V.S.A. §§ 6001-6092 and the rules of the Natural Resources Board (Act 250 Rules). 9. The conditions of this permit and the land uses permitted herein shall run with the land and are binding upon and enforceable against the Permittee and their successors and assigns. 10. This permit hereby incorporates all of the conditions of the following Agency of Natural Resources Permit: Construction General Permit #6009-9020 issued on February 6, 2009 by the Water Quality Division. Any subsequent nonmaterial changes to these permits shall be automatically incorporated herein upon issuance by the Agency of Natural Resources. Subsequent amendments involving material changes to the Act 250 permit shall not be constructed prior to review and approval of the District Coordinator or the District Commission under applicable Act 250 Rules. 11. The Permittee shall apply and maintain calcium chloride and/or water on all roadways or disturbed areas within the project during construction and until pavement and/or vegetation is fully established to control dust. 12. Immediately upon initial roadway, a stabilized construction entrance must be installed and maintained as shown on Drawing C3 (Exhibit #8) at the intersection of the access road and Hinesburg Road. This entrance must be constructed and maintained in accordance with the specifications as described in the Vermont Handbook for Soil Erosion and Sediment Control on Construction Sites (1987). No further clearing or construction beyond may occur until the stabilized construction entrance is complete. 13. There shall be no floor drains installed at the facility without first acquiring the required Underground Injection Control Permit from the Water Supply Division of the Agency of Natural Resources. 14. The Permittee and all subsequent owners or lessees shall install and maintain only low -flow plumbing fixtures in any buildings. Any failed water conservation measures shall be promptly replaced with products of equal or better performance. Land Use Permit #4C0694-4 Page 3 of 5 15. The Permittee shall comply with Exhibit #8 (Drawing C3) for erosion control. The Permittee shall prevent the transport of any sediment beyond that area necessary for construction approved herein. All erosion control devices shall be periodically cleaned, replaced and maintained until vegetation is permanently established on all slopes and disturbed areas. The Commission reserves the right to schedule hearings and site inspections to review erosion control and to evaluate and impose additional conditions with respect to erosion control as it deems necessary. 16. All mulch, siltation dams, water bars and other temporary devices shall be installed immediately upon grading and shall be maintained until all roads are permanently surfaced and all permanent vegetation is established on all slopes and disturbed areas. Topsoil stockpiles shall have the exposed earth completely mulched and have siltation checks around the base. 17. All areas of disturbance must have temporary or permanent stabilization within 14 days of the initial disturbance. After this time, any disturbance in the area must be stabilized at the end of each work day. The following exceptions apply: I) Stabilization is not required if work is to continue in the area within the next 24 hours and there is no precipitation forecast for the next 24 hours. ii) Stabilization is not required if the work is occurring in a self-contained excavation (i.e. no outlet) with a depth of 2 feet or greater (e.g. house foundation excavation, utility trenches). 18. All disturbed areas of the site shall be stabilized, seeded and mulched immediately upon completion of final grading. All disturbed areas not involved in winter construction shall be mulched and seeded before October 1. Between the periods of October 1 to April 15, all earth disturbing work shall conform with the "Winter Construction" standards and specifications of the Vermont Handbookfor Soil Erosion and Sediment Control on Construction Sites (1987). 19. Prior to construction of the approved work, the Permittee shall complete the following: a) construction limits shall be clearly delineated with flagging or snowfencing; b) diversion ditches shall be placed on the uphill limits of the construction area; and c) temporary siltation controls shall be placed on the downhill limits of the construction. Immediately following the above, the permanent drainage system and/or roads shall be installed after which normal construction can begin. 20. A copy of the approved erosion control plan shall be on the site at all times during construction. 21. In addition to conformance with all erosion control conditions, the Permittee shall not cause, permit or allow the discharge of waste material into any surface waters. Compliance with the requirements of this condition does not absolve the Permittee from compliance with 10 V.S.A. (§§ 1250-1284) Chapter 47, Vermont's Water Pollution Control Law. 22. The Permittee shall maintain a 50-foot undisturbed, naturally vegetated buffer strip between all watercourses on the project site and any disturbed areas. 23. All stumps shall be disposed of on -site above the seasonal high water table or at a State approved landfill so as to prevent groundwater pollution. 24. No exterior light fixtures were proposed or approved by this permit amendment. (r Land Use Permit #4C0694-4 Page 4 of 5 25. The Permittee shall not erect exterior signage without first obtaining approval from the District Commission. Signage includes banners, flags, and other advertising displays, excepting temporary real estate marketing signs. 26. The installation and/or use of electric resistance space heat is specifically prohibited without the prior written approval of the District Environmental Commission. 27. At the completion of the project, the Permittee shall certify by affidavit that the site improvements have been constructed in accordance with this permit pursuant to Act 250 Rule 32(A). 28. No further subdivision, alteration, and/or development of any parcel of land approved herein shall be permitted without the written approval of the District Commission or a written determination from the District Coordinator that a permit is not required. 29. The Permittee shall reference the requirements and conditions imposed by Land Use Permit #4C0694-4 in all deeds of conveyance and leases. 30. Pursuant to 10 V.S.A. § 60900) this permit amendment is hereby issued for an indefinite term, as long as there is compliance with the conditions herein. Notwithstanding any other provision herein, this permit shall expire three years from the date of issuance if the Permittee has not commenced construction and made substantial progress toward completion within the three year period in accordance with 10 V.S.A. § 6091(b). 31. All site work and construction shall be completed in accordance with the approved plans by October 30, 2012, unless an extension of this date is approved in writing by the Commission. Such requests to extend must be filed prior to the deadline and approval may be granted without public hearing. 32. The Permittee shall file a Certificate of Actual Construction Costs, on forms available from the Natural Resources Board, pursuant to 10 V.S.A. § 6083a(g) within one month after construction has been substantially completed or two years from the date of this permit, whichever shall occur first. Application for extension of time for good cause shown may be made to the District Commission. If actual construction costs exceed the original estimate, a supplemental fee based on actual construction costs must be paid at the time of certification in accordance with the fee schedule in effect at the time of application. Upon request, the Permittee shall provide all documents or other information necessary to substantiate the certification. Pursuant to existing law, failure to file the certification or pay any supplemental fee due constitutes grounds for permit revocation. The certificate of actual construction costs and any supplemental fee (by check payable to the "State of Vermont") shall be mailed to: Natural Resources Board, National Life Records Center Building, National Life Drive, Montpelier, VT 05620-3201; Attention: Certification. 33. Failure to comply with all of the above conditions may be grounds for permit revocation pursuant to 10 V.S.A., § 6027(g). Land Use Permit #4C0694-4 Page 5 of 5 Dated at Essex Junction, Vermont, this 17" day of February 2009. By /s/Gene Richards. Acting Chair District #4 Commission Members participating in this decision: Jim McNamara Any party may file a motion to alter with the District Commission within 15 days from the date of this decision, pursuant to Act 250 Rule 31(A). Decisions on minor applications may be appealed only if a hearing was held by the district commission. Please note that there are certain limitations on the right to appeal. See 10 V.S.A. § 8504(k). Any appeal of this decision must be filed with the clerk of the Environmental Court within 30 days of the date of issuance, pursuant to 10 V.S.A. Chapter 220. The appellant must attach to the Notice of Appeal the entry fee of $225.00, payable to the State of Vermont. The Notice of Appeal must include all information required by Rule 5(b)(3) of the Vermont Rules for Environmental Court Proceedings (VRECP). The appellant must also serve a copy of the Notice of Appeal on the Natural Resources Board, National Life Records Ctr. Bldg., Drawer 20, Montpelier, VT, 05620-3201, and on other parties in accordance with Rule 5(b)(4)(B) of the VRECP. For further information, see the Vermont Rules for Environmental Court Proceedings, available on line at www.vermontiudiciary.org. The address for the Environmental Court is: Environmental Court, 2418 Airport Rd., Suite 1, Barre, VT 05641-8701. (Tel. # 802-828-1660) W:\Act250\DIST4\PROJECTS\4C0501-4C0750\4C0694\4C0694-4\4C0694-4 PMT logo.wpd E ACT 250 NOTICE MINOR APPLICATION 10 V.S.A. §§ 6001-6092 On November 18, 2008, City of South Burlington, filed application #4C0694-4 for a project generally described as: the construction of a stormwater treatment pond and access road on Lot "A" of the Oak Creek subdivision. The project is located on Hinesburg Road (Rt. 116) in the City of South Burlington, Vermont. The District 4 Environmental Commission will review this application under Act 250 Rule 51 - Minor Applications. Copies of the application and proposed permit are available for review at the South Burlington Municipal Office, Chittenden County Regional Planning Commission located at 30 Kimball Avenue, South Burlington, and the office listed below. The application and proposed permit may also be viewed on the Natural Resources Board's web site (www.nrb.state.vt.us/lup) by clicking on "Act 250 Database," selecting "Entire Database," and entering the case number above. No hearing will be held unless, on or before December 16, 2008, a party notifies the District Commission of an issue or issues requiring the presentation of evidence at a hearing or the commission sets the matter for hearing on its own motion. Any hearing request shall be in writing to the address below, shall state the criteria or subcriteria at issue, why a hearing is required and what additional evidence will be presented at the hearing. Any hearing request by an adjoining property owner or other interested person must include a petition for party status. Prior to submitting a request for a hearing, please contact the district coordinator at the telephone number listed below for more information. Prior to convening a hearing, the District Commission must determine that substantive issues requiring a hearing have been raised. Findings of Fact and Conclusions of Law will not be prepared unless the Commission holds a public hearing. Should a hearing be held on this project and you have a disability for which you are going to need accommodation, please notify us by December 16, 2008. Parties entitled to participate are the Municipality, the Municipal Planning Commission, the Regional Planning Commission, adjoining property owners, other interested persons granted party status pursuant to 10 V.S.A. § 6085(c). Non-party participants may also be allowed under 10 V.S.A. § 6085(c)(5). Dated in Essex Junction, Vermont, this lroday of November 2008. eter E. Keibel Natural Resources Board District #4 Coordinator 111 West Street Essex Junction, VT 05452 T/ 802-879-5658 E/ peter.keibel@state.vt.us W;\Act250\DIST4\PRO.IECTS\4C0501-4C0750\4C0694\4C0694-4\4C0694-4 NOT.wpd This is a DRAFT permit; please submit any written comments or corrections to: Peter E. Keibel, District #4 Coordinator, I I I West Street, Essex Junction, VT 05452 A permit will NOT be issued by the District Commission until the following information is received: 1) Construction General Permit issued by the ANR-DEC, Water Quality Division. AMENDMENT CASE NO 4CO694-4 LAWS/REGULATIONS INVOLVED APPLICANT City of South Burlington 10 V.S.A. §§ 6001 - 6092 (Act 250) ADDRESS c/o Tom Pietro 575 Dorset Street South Burlington, VT 05403 District Environmental Commission 44 hereby issues Land Use Permit Amendment 4C0694-4, pursuant to the authority vested in it by 10 V.S.A. §§ 6001-6092. This pen -nit amendment applies to the lands identified in Book 281, Pages 215, of the land records of the City of South Burlington, Vermont, as the subject of a deed to the City of South Burlington, the Permittee as Grantee. This permit specifically authorizes the Permittee to construct a stormwater treatment pond and access road on Lot "A" of the Oak Creek subdivision. The Project is located on Hinesburg Road (Route 116) in the City of South Burlington. The project is subject to Act 250 jurisdiction because the project is a material change to a development over which the Commission has jurisdiction and thus a land use permit amendment is required pursuant to Act 250 Rule 34. The Permittee, and its assigns and successors in interest, are obligated by this permit to complete, operate and maintain the project as approved by the District Commission in accordance with the following conditions: All conditions of Land Use Permit #4C069 and amendments are in full force and effect except as amended herein. 2. Representatives of the State of Vermont shall have access to the property covered by this permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental and health statutes and regulations and with this permit. The project shall be completed, operated and maintained in accordance with: the plans and exhibits on file with the District Environmental Commission, and the conditions of this permit. J Land Use Permit #4C0694-4 Page 2 of 5 The approved plan is: Drawing C3 - "Erosion Prevention and Sediment Control Plan, Oak Creek Micropool" dated, July 29, 2008. A copy of this permit and approved plans shall be on the site at all times throughout the construction process. 6. No changes shall be made in the design or use of this project without the written approval of the District Coordinator or the Commission, whichever is appropriate under the Act 250 Rules. 7. Pursuant to Act 250 Rule 51(G), the permit application and material representations relied upon during the review.and issuance of this permit by the District Commission shall provide the basis for determining future substantial and material changes to the approved project and for initiating enforcement actions. The District Environmental Commission maintains continuing jurisdiction during the lifetime of the permit and may periodically require that the permit holder file an affidavit certifying that the project is being completed, operated and maintained in accordance with the terms of the permit, as provided by 10 V.S.A. §§ 6001-6092 and the rules of the Natural Resources Board (Act 250 Rules). The conditions of this permit and the land uses permitted herein shall run with the land and are binding upon and enforceable against the Permittee and their successors and assigns. 10. This permit hereby incorporates all of the conditions of the following Agency of Natural Resources Permits: Construction General Permit # issued on DATE by the Water Quality Division. Any subsequent nonmaterial changes to these permits shall be autornatically incorporated herein upon issuance by the Agency of Natural Resources. Subsequent amendments involving material changes to the Act 250 permit shall not be constructed prior to review and approval of the District Coordinator or the District Commission under applicable Act 250 Rules. 1 . The Permittee shall apply and maintain calcium chloride and/or water on all roadways or disturbed areas within the project during construction and until pavement and/or vegetation is fully established to control dust. 12. Immediately upon initial roadway, a stabilized construction entrance must be installed and maintained as shown on Drawing C3 (Exhibit #) at the intersection of the access road and Hinesburg Road. This entrance must be constructed and maintained in accordance with the specifications as described in the Vermont Handbook for Soil Erosion and Sediment Control on Construction Sites (1987). No further clearing or construction beyond may occur until the stabilized construction entrance is complete. Land Use Permit #4C0694-4 Page 3 of 5 13. There shall be no floor drains installed at the facility without first acquiring the required Underground Injection Control Permit from the Water Supply Division of the Agency of Natural Resources. 14. The Permittee and all subsequent owners or lessees shall install and maintain only low -flow plumbing fixtures in any buildings. Any failed water conservation measures shall be promptly replaced with products of equal or better performance. 15. The Permittee shall comply with Exhibit # (Drawing C3) for erosion control. The Permittee shall prevent the transport of any sediment beyond that area necessary for construction approved herein. All erosion control devices shall be periodically cleaned, replaced and maintained until vegetation is permanently established on all slopes and disturbed areas. The Commission reserves the right to schedule hearings and site inspections to review erosion control and to evaluate and impose additional conditions with respect to erosion control as it deems necessary. 16. All mulch, siltation dams, water bars and other temporary devices shall be installed .immediately upon grading and shall be maintained until all roads are permanently surfaced and all permanent vegetation is established on all slopes and disturbed areas. Topsoil stockpiles shall have the exposed earth completely mulched and have siltationchecks around the base. 17. All areas of disturbance must have temporary or pennanent stabilization within 14 days of the initial disturbance. After this time, any disturbance in the area must be stabilized at the end of each work day. The following exceptions apply: i) Stabilization is not required if work is to continue in the area within the next 24 hours and there is no precipitation forecast for the next 24 hours. ii) Stabilization is not required if the work is occurring in a self-contained excavation (i.e. no outlet) with a depth of 2 feet or greater (e.g. house foundation excavation, utility trenches). 18. All disturbed areas of the site shall be stabilized, seeded and mulched immediately upon completion of final grading. All disturbed areas not involved in winter construction shall be mulched and seeded before October 1. Between the periods of October 1 to April 15, all earth disturbing work shall conform with the "Winter Construction" standards and specifications of the Vermont Handbook for Soil Erosion and Sediment Control on Construction Sites (1987). 19. Prior to construction of the approved work, the Pennittee shall complete the following: a) construction limits shall be clearly delineated with flagging or snowfencing; b) diversion ditches shall be placed on the uphill limits of the construction area; and c) temporary siltation controls shall be placed on the downhill limits of the construction. Immediately following the above, the permanent drainage system and/or roads shall be installed after which normal construction can begin. 20. A copy of the approved erosion control plan shall be on the site.at all times during construction. 21. in addition to conformance with all erosion control conditions, the Permittee shall not cause, permit or allow the discharge of waste material into any surface waters. Compliance with the requirements of this condition does not absolve the Permittee from compliance with 10 V.S.A. (§§ 1250-1284) Chapter 47, Vermont's Water Pollution Control Law. Land Use Permit 44C0694-4 Page 4 of 5 22. The Permittee shall maintain a 50-foot undisturbed, naturally vegetated buffer strip between all watercourses on the project site and any disturbed areas. 23. All stumps shall be disposed of on -site above the seasonal high water table or at a State approved landfill so as to prevent groundwater pollution. 24. No exterior light fixtures were proposed or approved by this permit amendment. 25. The Permittee shall not erect exterior signage without first obtaining approval from the District Commission. Signage includes banners, flags, and other advertising displays, excepting temporary real estate marketing signs. 26. The installation and/or use of electric resistance space heat is specifically prohibited without the prior written approval of the District Environmental Commission. 27. At the completion of the project, the Permittee shall certify by affidavit that the site improvements have been constructed in accordance with this permit pursuant to Act 250 Rule 32(A). 28. No further subdivision, alteration, and/or development of any parcel of land approved herein shall be permitted without the written approval of the District Commission or a written determination from the District Coordinator that a permit is not required. 29. The Permittee shall reference the requirements and conditions imposed by Land Use Permit #4C0694-4 in all deeds of conveyance and leases. 30. Pursuant to 10 V.S.A. § 6090(c) this permit amendment is hereby issued for an indefinite term, as long as there is compliance with the conditions herein. Notwithstanding any other provision herein, this permit shall expire three years from the date of issuance if the Permittee has not commenced construction and made substantial progress toward completion within the three year period in accordance with 10 V.S.A. § 6091(b). 31. All site work and construction shall be completed in accordance with the approved plans by October 30, 2012, unless an extension of this date is approved in writing by the Commission. Such requests to extend must be filed prior to the deadline and approval may be granted without public hearing. 32. The Permittee shall file a Certificate of Actual Construction Costs, on forms available from the Natural Resources Board, pursuant to 10 V.S.A. § 6083a(g) within one month after construction has been substantially completed or two years from the date of this permit, whichever shall occur first. Application for extension of time for good cause shown may be made to the District Commission. If actual construction costs exceed the original estimate, a supplemental fee based on actual construction costs must be paid at the time of certification in accordance with the fee schedule in effect at the time of application. Upon request, the Permittee shall provide all documents or other information necessary to substantiate the certification. Pursuant to existing law, failure to file the certification or pay any supplemental fee due constitutes grounds for permit revocation. The certificate of Land Use Permit #4C06944 Page 5 of 5 actual construction costs and any.supplemental fee (by check payable to the "State of Vermont") shall be mailed to: Natural Resources Board, National Life Records Center Building, National Life Drive, Montpelier, VT 05620-3201; Attention: Certification. 33. Failure to comply with all of the above conditions may be grounds for permit revocation pursuant to 10 V.S.A., § 6027(g). Dated at Essex Junction, Vermont, this day of December, 2008. By Mike Flaherty, Vice Chair District #4 Commission Members participating in this decision: Jim McNamara Gene Richards Any party may file a motion to alter with the District Commission within 15 days from the date of this decision, pursuant to Act 250 Rule 31(A). Decisions on minor applications may be appealed only if a hearing was held by the district commission. Please note that there are certain limitations on the right to appeal. See 10 V.S.A. § 8504(k). Any appeal of this decision must be filed with the clerk of the Environmental Court within 30 days of the date of issuance, pursuant to 10 V.S.A. Chapter,220. The appellant must attach to the Notice of Appeal the entry fee of $225.00, payable to the State of Vermont. The Notice of Appeal must include all information required by Rule 5(b)(3) of the Vermont Rules for Environmental Court Proceedings (VRECP). The appellant must also serve a copy of the Notice of Appeal on the Natural Resources Board, National Life Records Ctr. Bldg., Drawer 20, Montpelier, VT, 05620-3201, and on other parties in accordance with Rule 5(b)(4)(B) of the VRECP. For further information, see the Vermont Rules for Environmental Court Proceedings, available on, line at www.vermontiudiciary ore. The address for the Environmental Court is: Environmental Court, 2418 Airport Rd., Suite 1, Barre, VT 05641-8701. ('Tel. # 802-828-1660) W:\Act250\DIST4\PROJECTS\4C0501-4C0750\4C0694\4C0694-4\4C0694-4 PMT.wpd CERTIFICATE OF SERVICE I hereby certify on this 19t' day of November, 2008, a copy of the foregoing ACT 250 NOTICE MINOR APPLICATION #4C0694-4, was sent by U.S. mail, postage prepaid to the following individuals without email addresses and by email to the individuals with email addresses listed. Note: any recipient may change its preferred method of receiving notices and other documents by contacting the District Office staff at the mailing address or email below. If you have elected to receive notices and other documents by email, it is your responsibility to notify our office of any email address changes. All email replies should be sent to nrb-act250essex&),state. vt.us PARTIES: City of South Burlington Attn: Tom DiPietro 575 Dorset Street South Burlington, VT 05403 tdipietro(disburl.com Donna Kinville, Town Clerk Chair, City Council/Chair, City Planning Commission City of South Burlington 575 Dorset Street South Burlington, VT 05403 Chittenden County Regional Planning Commission 30 Kimball Avenue, Suite 206 South Burlington, VT 05403 sti lton0 u;ccrucvt.ora Elizabeth Lord, Land Use Attorney Agency of Natural Resources 103 South Main St. - Center Bldg., 3rd Floor Waterbury, VT 05671-0301 an r.act25ft state. vtus Mike Kundrath - Vt. Dept. of Public Service 112 State Street, Drawer 20 Montpelier, VT 05620-2601 michael.kundrathfh; state.vt.us Craig Keller - Utilities & Permits/VTrans One National Life Drive, Drawer 33 Montpelier, VT 05633 craig.kel leric%state.vt. us Louise Waterman/Brendan O'Shea Vt. Agency of Agri, Food & Markets 116 State Street, Drawer 20 Montpelier, VT 05620-2901 loui se.waterman(iiistate.vt. us brendan.osheaO.!state.vt. u s Division for Historic Preservation Seven Days/Classified Ad Section National Life Building, Drawer 20 c/o Emily Peters Montpelier, VT 05620 255 South Champlain St., PO Box 1164 scott.dillon(�ystate.vt.us Burlington, VT 05402 devin.colman(ibstate.vt.us classifieds(ivsevcndays.com FOR YOUR INFORMATION District #4 Environmental Commission Mike Flaherty, Chair Jim McNamara/Gene Richards I I I West Street Essex Junction, VT 05452 NRCS, District Conservationist USDA Soils Conservation Service 1193 S. Brownell Road, Suite 35 Williston, VT 05495-7416 j essi ca. an d reo 1 etti (cd vt. n a edn et. n et Tom Bushey, District Supervisor N.R.C.D. - 48 Bushey Road Shelburne, VT 05482 County Forester Agency of Natural Resources 111 West Street Essex Junction, VT 05452 Patty Malenfant - ANR Dept. of Fish & Wildlife 5 Perry Street, Suite 40 Barre, VT 05641-4266 patty.mtilenfant4i state.vt.us Dated at Essex Junction, Vermont, this 19"' day of November, 2008. /s/ Barbara J. Cady Administrative Secretary - 879-5614 Green Mountain Power Corporation c/o Pam Allen 163 Acorn Lane Colchester, VT 05446 all en�diereenmountainpower.biz Michael Russom Vermont Gas Systems PO Box 467 Burlington, VT 05402 Dan Gaherty Efficiency Vermont 255 South Champlain Street Burlington, VT 0540 dgahcrtyii%veic.ora Michael Barsotti, Water Quality Director Champlain Water District 403 Queen City Park Road South Burlington, VT 05403 mikeb0cvvd-h o.org ADJOINING LANDOWNERS On File at District Commission Office W:Wct250\DIST4\PROJECTS\4C0501-4C0750\4C0694\4C0694-4\4C0694-4 csNotice.wpd.bc State of Vermont LAND USE PERMIT CASE NO. 4CO694 APPLICANT Oak Creek Investments ADDRESS 200 Twin Oaks Terrace Suite 1 South Burlington, Vermont 05403 LAWS/REGULATIONS INVOLVED 10 V.S.A., Chapter 151 (Act 250) and Vermont State Environmental Pro- tection Rules Chapter 3, Subdivisions Appendix A - Design Guide lines District Environmental Commission #4 hereby issues a Land Use Permit #4C0694 pursuant to the authority vested in it in 10 V.S.A., Chapter 151. This permit applies to the lands identified in Book 218, Pages 392-394, of the land records of the City of South Burlington, Vermont, as the subject of a deed to Oak Creek Investments, the "Permittee" as "grantee". This permit specifically authorizes the Permittee to construct 8337 feet of roads and utilities necessary to serve 96 residential lots located off of Route 116 in South Burling- ton, Vermont. This permit does not approve the sale or transfer of any lots or the construction of any homes. The Permittee, its assigns and successors in interest, are obligated by this permit to complete and maintain the project only as approved by the District Commission in accordance with the following conditions: 1. The project shall be completed, maintained, and operated as set forth in Findings of Fact and Conclusions of Law #4C0694, in accordance with the plans and exhibits stamped "Approved" and on file with the District Environmental Commission, and in accordance with the conditions of this permit. No changes shall be made in the project without the written approval of the District Environmental Commission. 2. By acceptance of the conditions of this permit without appeal, the Permittee confirms and agrees for itself and all assigns and successors in interest that the conditions of this permit shall run with the land and the land uses herein permitted, and will be binding upon and enforceable against the Permittee and all assigns and successors in interest. Rage 2 Land Use Permit #4C0694 3. The District Environmental Commission maintains continuing jurisdiction during the lifetime of the permit and may periodi- cally require that the permit holder file an affidavit certifying that the project is being completed in accordance with the terms of the permit. 4. The Permittee shall apply water and/or calcium chloride to all disturbed areas within the project as necessary to control dust until the disturbed areas are fully stabilized. 5. Upon commencement of construction the Permittee shall install a stabilized construction entrance which intersects Route 116 which shall be constructed to the standards set forth in the Vermont Handbook for Soil Erosion and Sediment Control on Construction Sites. 6. This permit hereby incorporates all of the conditions of the Subdivision Permit #EC-4-1060 issued on December 22, 1986 by the Regional Engineer, Division of Protection, Agency of Environmental Conservation in compliance with the Vermont State Environmental Protection Rules. No transfer or sale of any lots and no construction of any homes is permitted until the Permittee has received written confirmation of wastewater treatment facility capacity from the City of South Burlington and the Agency of Environmental Conservation and a Subdivision Permit Amendment is incorporated into this permit by an administrative amendment. 7. The Permittee and all assigns and successors in interest, including the City of South Burlington, shall comply with all of the terms and conditions of the Discharge Permit, File No. 04-14-072 to be issued by the Agency of Environmental Conservation. 8. All tree stumps shall be disposed of at a State approved landfill. 9. The Permittee, and all assigns and successors in interest shall install and maintain water -conserving plumbing fixtures in all residences, including but not limited to low -flush toilets, low -flow showerheads, and aerator -type or flow -restricted faucets. All deeds for the homes constructed on these lots shall require the maintenance of the same. Page 3 Land Use Permit #4C0694 10. The Permittee shall comply with Exhibits #109, #110, #111, #112 and #113 for erosion control. Hay bale dams and silt fences shall be installed as depicted on the plans prior to commencement of construction. The Permittee shall prevent the transport of any sediment beyond that area necessary for construction. From October 1 to April 15 of any calendar year, all non -vegetated disturbed areas of the construction site shall be mulched until final vegetative cover is established. All erosion control devices shall be periodically cleaned, replaced, and maintained until vegetation is permanently established on all slopes and disturbed areas. The Commission reserves the right to schedule hearings and site inspections to review erosion control, and to evaluated and impose additional conditions with respect to erosion control, as they deem necessary. The Permittee shall retain a registered engineer who shall conduct erosion control inspections weekly and after every rain event of 1 inch or greater. The engineer shall complete a weekly report certifying that the employed erosion control measures provide protection at least equivalent to the procedures outlined in the Vermont Handbook for Soil Erosion and Sediment Control On Construction Sites and that the technical requirements of Vermont's Water Quality Standards are being met. The Permittee shall immediately implement recommendations of the engineer to bring the erosion control measures into compliance with these standards. 11. Prior to the commencement of construction the Permittee shall file with the Commission the Highway Access Permit to be issued by the Vermont Agency of Transportation. 12. The Permittee and all assigns and successors in interest including the City of South Burlington shall continually maintain the landscaping substantially as approved in Exhibits #114, #115 and #116 by replacing any dead or diseased plantings as soon as seasonably possible. The Permittee shall install evergreen plantings not less than 6 feet tall in between the berms depicted in Exhibits #114, #115 and #116. 13. The sign is to be constructed as depicted on Exhibit #114 and must be unlit. 14. Prior to the commencement of construction, the Permittee shall file a detail sheet of the exterior lighting fixtures to be installed and shall receive the approval of the Commission. The maximum permitted height of exterior lighting fixtures and poles is 20 feet. P,"lge 4 Land Use Permit #4C0694 15. The Permittee and all assigns and successors in interest including the City of South Burlington, shall maintain the agricultural potential of the retained primary agricultural soils by, at a minimum, mowing the areas containing these soils at least once a year. 16. Prior to the transfer of the 28 +/- acres to the City of South Burlington the Permittee shall file the deed language incorporating condition #15, above, and shall receive the approval of the District Environmental Commission in the form of an administrative amendment. 17. No topsoil or other earth materials may be removed from the property without the prior written approval of the District Environmental Commission. 18. All heated structures erected on lots approved herein shall be constructed with insulation with an R-Value of at least R-19 in the exterior walls, at least R-38 in the roof or cap; at least R-10 around the foundation or slab and double -glazed windows. The installation of electric resistance space heating systems is specifically prohibited. 19. Prior to the sale of any lot the Permittee shall file deed covenants and shall receive the written approval of the District Environmental Commission. These deed covenants shall incorporate conditions #9, #15 and #18 of this permit, shall provide for the continual maintenance of the stormwater swales traversing private lots, and shall prohibit the amendment of the section incorporating these items without the prior written approval of the District Environmental Commission. Commission approval of the deed covenants is limited to these sections. 20. Each prospective purchaser of any lot shall be shown a copy of the approved plot plan, the Certification of Compliance, and the Land Use Permit before any written contract of sale is entered into. 21. No further subdivision of any parcels of land approved herein shall be permitted without the written approval of the District Environmental Commission. 22. In addition to conformance with the requirements of condition #13, the Permittee shall not cause, permit or allow the discharge of waste materials into any surface waters. compli- ance with the requirements of this condition does not absolve the Permittee from compliance with 10 V.S.A., Chapter 47, Vermont's Water Pollution Control Law. ,Page 5 Land Use Permit #4C0694 23. All construction on the roads and utilities must be completed by October 15, 1988. 24. This permit shall expire on August 1, 2017, unless extended by the District Commission. Notwithstanding the latter date, this permit shall expire one year from date of issuance if the Permittee has not demonstrated an intention to proceed with the project. In any event, substantial construction must occur within two years of the issuance date. 25. Failure to comply with any of the above conditions may be grounds for permit revocation pursuant to 10 V.S.A., Section 6090 (b) . Dated at Essex Junction, Vermont, this!�IxAday df August,( 198 Katherine M. Vose Environmental Board District #4 Coordinator KMV/PG/aml Patricia -Gabel, Acti l' Chairman District #4 Commissi n Comm ssioners partici ting in th's decision: Helen B. Lawrence Patricia Gabel STATE OF VERMONT DISTRICT ENVIRONMENTAL COMMISSION RE: Oak Creek Investments Application #4C0694 200 Twin Oaks Drive, Suite 1 Findings of Fact and South Burlington, Vermont 05403 Conclusions of Law and Order, 10 V.S.A., Chapter 151 (Act 250) I. INTRODUCTION On October 9, 1986, an application for an Act 250 permit was filed by Oak Creek Investments, 200 Twin Oaks Drive, Suite 1, South Burlington, Vermont for a project generally described as the subdivision of 100 +/- acres into 115 residential lots and the construction of approximately 8000 feet of roads and utilities with municipal water and sewer and located off of Route 116 in South Burlington, Vermont. The tract of land consists of 100 +/- acres with 100 +/- acres involved in the project area. Oak Creek Investments' legal interest is ownership in fee simple described in a deed recorded on December 12, 1986. Under Act 250, projects are reviewed based on the 10 criteria of 10 V.S.A., Sec. 6086(a) 1-10. Before granting a permit, the District Commission must find that the project complies with these criteria and is not detrimental to the public health, safety or general welfare. Decisions must be stated in the form of findings of fact and conclusions of law. The facts we have relied upon are contained in the documents on file identified as Exhibits #1 through #116, and the evidence received at hearings held on November 10, 1985 and December 23, 1986. At the end of the final hearing, the proceeding was recessed pending submission of additional information. The hearing was finally adjourned on August 20, 1987 upon receipt of all of this additional information. Parties to this application who attended the hearing are: The Applicant by Mervin Brown, Lance Llewellyn, Charles VanWinkle, Roger Dickinson, Vince Foley and Skip McClellan; The City of South Burlington by Francis Murray, Councilman; The South Burlington Planning Commission by Jane Lafleur; Page 2 Findings of Fact #4C0694 The Chittenden County Regional Planning Commission Office by Arthur Hogan; The Entry of Appearance and Pre -Hearing Comments filed by Gordon Gebauer, of the Agency of Environmental Conservation were entered into the record. Adjoining property owner Arthur Rye of 1075 Hinesburg Road, South Burlington, Vermont was admitted under criterion 9(B) with respect to the impact that this project may have upon the agricultural use of his property. II. GENERAL This application requests approval for the subdivision of a large parcel of open land located on Route 116 south of I-89. At the present time this section of Route 116 is characterized by expansive open space, single family residences on large lots and 2 developing residential subdivisions. This subdivision application provides for a signifant amount of open space, much of which will be transferred to the City of South Burlington for parkland. Special issues have been identified under 3 of the 10 criteria. Because the expansion of Airport Parkway Treatment Facility is not yet complete the Commission's approval under criterion 1(B), waste disposal, must be limited and lots cannot be transfered or homes constructed until the additional capacity is available. Under criterion 8, aesthetics, the Commission has found that the Applicant revised this application, adding a visual buffer between Route 116 and the homes. With respect to criterion 9(B), the Commission has found that the subdivision's open space scheme complemented the retention of primary agricultural soils. It is important to note that the Applicant revised this application during the hearing process. The Applicant has purchased the property in fee simple which removed Vermont Structural Steel as a co -applicant and the name of the Applicant has changed. The Applicant has removed 7.2 acres from the development proposal, thereby reducing the proposed number of lots to 96 and the length of roads to 8337 feet. After revised plans were filed the number of lots was again reduced from 96 to 93. An amendment application for the development of 17 lots on these 7.2 acres will only be filed if the Applicant is able to transact a transfer of development rights. Page 3 Findings of Fact #40694 III. FINDINGS OF FACT In making the following findings, we have summarized the statutory language of the 10 criteria of 10 V.S.A., Section 6086 (a) : SECTION 6086(a) (1) WATER AND AIR POLLUTION: The Commission finds that this subdivision will not result in undue air or water pollution. This finding depends on and is supported by the findings noted under the subsections of this criterion. SECTION 6086(a) (1) AIR POLLUTION: The Commission finds that this subdivision will not result in undue air pollution. This finding depends on and is supported by the following: 1. This residential subdivision will not generate any process emissions, noxious odors or noise pollution (Exhibit #4). 2. The homes will be heated with oil, gas, electric or wood fired heating systems which will not generate undue air pollution (Exhibit #4). 3. It is assumed that 2 parking spaces will be associated with each home (Exhibit #4) so that this subdivision will contain 192 parking spaces which is below the threshold which the Agency of Environmental Conservation has deter- mined will result in non -point source air pollution. SECTION 6086(a) (1) (A) HEADWATERS: The Commission finds that this subdivision is located in a headwaters area as defined by this section and that this subdivision will comply with applicable health and water resources regulations regarding water quality. This finding depends on and is supported by the following: 5. The property which is to be subdivided is located in a headwaters area because it occupies a drainage area of less than 20 square miles. Compliance with applicable health and water resources regulations has been demonstrated by issuance of a Subdivision Permit and a Draft Discharge Permit (Exhibits #66 and #71). Page 4 Findings of Fact #4C0694 SECTION 6086 (a) (1) (B) WASTE DISPOSAL: _---__-- The Commission finds that this subdivision will meet applicable Division of Protection Regulations and will not result in the injection of waste materials or harmful or toxic substances into groundwater or wells. This finding depends on and is supported by the following: 6. This residential subdivision will not generate any process, hazardous or unusual wastes (Exhibit #4). 7. It is estimated that this subdivision will generate 51,750 gallons per day of wastewater. Wastewater will be collected into gravity system and forced through a temporary pump station to an existing pump station (Mitel, Lane property) and to the Airport Parkway Sewage Treatment Facility. The use of the temporary pump station will be discontinued when land to the north of this property is developed (Exhibit #4). The Applicant has studied the Mitel (now Lane Press) Pump Station and has determined that it is capable of handling the wastewater flows from this subdivision (Exhibit #17). The South Burlington Planning Commission has allocated this subdivision 51,750 gallons per day and has placed this subdivision on the waiting list (Exhibit #42). The expansion to the Airport Parkway Wastewater Treatment Facility has been financed, is presently under con- struction, and are expected to be completed by the fall of 1987. When the Treatment Facility improvements are completed the facility will have the capacity to treat all of the flows from this project (Exhibit #48). Based upon the above, the Commission finds that the Airport Parkway Sewage Treatment Facility will have the capacity available to service this subdivision. To assure compliance under this subsection the Commission will require that the Applicant file a letter verifying the plant's capacity to serve this subdivision and an amended subdivision permit prior to the transfer or conveyance of any lot or the construction of any home. A Subdivision Permit has been issued by the Regional Engineer, Division of Protection, Agency of Environmental Conservation which the Commission accepts as evidence that this project complies with the applicable Environmental Protection Rules for connection to a municipal treatment plant and will not result in undue water pollution. This subdivision permit authorizes only the construction of sewer and water main extensions and does not permit the Page 5 Findings of Fact #4C0694 conveyance of any lot or the construction of any home until the Division of Protection receives written confirmation from the City of South Burlington and the Agency of Environmental Conservation that the Airport Parkway Sewage Treatment Facility has capacity to serve (Exhibit #66). 8. Stormwater runoff from the curbed roads will be directed into catch basins designed to remove floatable and settle- able solids, then into shallow grassed swales prior to discharge into a tributary of Potash Brook. Stormwater runoff from the lots will, generally, be directed into these grassed swales. The natural vegetation in these swales will filter pollutants from the stormwater. Discharge points will have stone outfalls (Exhibits #4, #20, #21, #58 and #59). A Temporary Pollution Permit has been issued which the Commission accepts, in lieu of evi- dence, that this subdivision complies with applicable Water Resources Department regulations (Exhibit #71). 9. Because the majority of the property is an open meadow there will be few tree stumps. Any tree stumps will be disposed of at a State approved landfill (testimony of L. Llewellyn). SECTION 6086(a) (1) (C) WATER CONSERVATION: The Commission finds this subdivision utilizes the best available technology for water conservation in residential buildings. The finding depends on and is supported by the following: 10. The Applicant will require that low flush toilets, flow - restricting shower heads and aerated faucets be installed in homes constructed on these lots and the Commission will require that this requirement be incorporated into deed covenants and approved by the Commission prior to the sale of any lot. SECTION 6086(a) (1) (D) FLOODWAYS: The Commission finds that this subdivision will not be located in the floodway or floodway fringe of the tributary of Potash Brook because the unnambed tributary to Potash Brook has a 100 year flood elevation of 325 feet above sea level which is not located within the project area and construction will occur on lands which have an elevation well above this 100 year floodplain elevation (Exhibits #4 and #38). Page b Findings of Fact #4C0694 SECTION 6086(a) (1) (E) STREAMS: The Commission finds that it is not feasible to maintain the existing conditions of the stream if the subdivision is to be achieved and finds that the proposed alterations will enhance stream flow and will not endanger the health, safety or welfare of the public or of adjoining land. This finding depends on and is supported by the following: 11. An unnamed tributary of Potash Brook flows across the westerly section of this property. An area of this stream and its associated wetland will be filled to provide for a road crossing and the stream channel will be excavated to provide a greater depth so that the water will flow. This drainage swale drains a residential subdivision to the south. Because the southerly 1500 to 1600 feet of the drainageway has a low gradient, very little change in grade, and the water moves slowly, the stream channel meanders, creating wetland areas. The Appl zcant proposes to cut 2 feet to 5 feet into the bottom of: the stream channel with a width of 25 feet and over a length of 1300 feet. The Applicant will fill the wetland area as depicted on Exhibit #50. This work is necessary to allow the street drainage system and the stormwater swale system to function properly. The existing aquatic vegetation and wetland will be removed and will be replaced by a seasonally flowing stream and vegetation typical of better drained soils. This work will not adversely affect the water quality if the Appli- cant employs stringent erosion controls (Exhibit #5). SECTION 6086(a) (1) (F) SHORELINES: The Commission finds that this subdivision will not be located on a shoreline (Exhibit #4). SECTION 6086(a) (2&3) WATER AVAILABILITY & IMPACT ON EXISTING SUPPLY: The Commission finds that there is sufficient water available to meet the needs of this subdivision and that this subdivision will not place an unreasonable burden on an existing supply. This finding depends on and is supported by the following: Page 7 Findings of Fact #4C0694 12. The South Burlington Water Department Superintendent has approved the water allocation and connections for this project (Exhibit #39). SECTION 6086(a) (4) SOIL EROSION & THE CAPACITY OF THE LAND TO HOLD WATER: The Commission finds that it must require additional measures regarding soil erosion by condition to insure that undue erosion should not result and that the land area to be covered by pavement and buildings will result in additional runoff that will be controlled by the stormwater system. This finding depends on and is supported by the following: 13. The subdivision property is relatively flat with a gentle slope to the west. The soils on the property are largely clays, Livingston Clay, Vergennes Clay, Covington Silty Clay, and Belgrade and Eldridge soils (Exhibit #4). The areas of special concern for erosion control during con- struction will be the construction entrance, the stormwater system, and the rechanneling of the stream. During construction staked haybales and silt fences will be employed as depicted on Exhibits #109, #111, #112, #113 as detailed as sequenced on Exhibit #110. Under subcriterion 1(Air) the Commission has required that a stabilized construction entrance will be installed which will reduce the amount of sediment deposited on Route 116 by vehicles. Any area which is disturbed and will be left exposed for more than 60 days will be seeded and mulched. All disturbed areas will be stabilized by October 15th of any construction season or surrounded with silt fence or staked haybales (Exhibit #4). Work within the stream and wetland will require special erosion control attention (Exhibit #5). This area will be worked during low flows, from upstream to downstream so that hay bale dams backed by silt fences will be below the disturbed area, and final graded banks will be seeded and heavily mulched within 24 hours of final grade (Exhibit #4). This work will be done as construction commences. Any excess cut material will be used on the site in areas away from the wetland area (Exhibit #38). The Commission is concerned that, if the work in the stream and wetlands is not carefully supervised or if the disturbed areas are not adequately stabilized when stormwater flows are directed into the rechanneled stream, sediment could be carried downstream possibly entering Potash Brook. To avoid such an eventuality, the Commission will require Page 8 Findings of Fact #4C0694 that the Applicant retain a professional engineer to inspect all erosion controls weekly and after every storm event with rainfall of 1" or greater. This engineer shall complete a weekly report, certifying that the employed erosion control measures provide protection at least equi- valent to the procedures outlined in the Vermont Handbook for Soil Erosion and Sediment Control on Construction S ti es and that the technical requirements of the Vermont Water Quality Standards are being met. These reports shall be made available to State personnel and the Commission upon request. SECTION 6086(a) (5) TRANSPORTATION: The Commission finds that this subdivision will not cause unreasonable congestion or unsafe conditions with respect to transportation. This finding depends on and is supported by the following: 14. This subdivision is to be served by a single intersection with Route 116 and two roads which will connect to the existing subdivision to the south. The sight distances at the intersection of the project road and Route 116 are in excess of 800 feet in either direction. The speed limit along this section of Route 116 is 45 miles per hour. It is estimated that this subdivision will generate 1150 average daily vehicle trips and 115 daily p.m. peak hour vehicle trips (Exhibit #4). 15. In analysizing the impact that traffic from this subdivision would have upon Route 116 the Applicant first determined area traffic growth based on 30th highest hour design parameter, Vermont Agency of Transportation data and concluded that traffic on Route 116 will increase by 6% to the design year of 1992. The traffic associated with anticipated growth in the area and from this subdivision was then estimated. The limiting factor of the capacity at the intersection of the subdivision road and Route 116 was analyzed. This analysis concludes that this intersection will experience "A" Levels of Service for all but the left turn exit from the project which will be a Level of Service of "D" and that this is acceptable. Undue traffic safety problems should not result because there are adequate sight distances at the intersection. A right turn deceleration lane will be installed and the installation of left turn lane is not warranted (Exhibit #36). Page 9 Findings of Fact #4C0694 A highway access permit must be obtained from the Vermont Agency of Transportation (Exhibit #47) and the Commission will require that this permit be filed prior to the commencement of any construction. 16. The Applicant has prepared an overall traffic impact evaluation of the intersection of Kennedy Drive and Hines- burg Road. This report is based upon a 30 highest hour design methodology with the design year of 1992, taking into account existing conditions, Vermont Agency of Trans- portation projections and anticipated future traffic from 8 specific development sites. This subdivision accounts for approximately 180 of anticipated future traffic. This study concludes that "The future operation of the Kennedy Drive/Hinesburg Road intersection will be significantly impacted by the rapid development which is presently occurring along Hinesburg Road". In order to maintain a Level of Service of "C" at this intersection a left turn lane must be added to the north approach of Hinesburg Road, right turn lanes must be added to the westbound and eastbound approaches of Kennedy Drive, and the existing signal controller must be replaced (Exhibit #68). The South Burlington Planning Commission require this study as a condition of approval and has also required that the Applicant pay a fee according to a formula established for the Kennedy Drive/Hinesburg Road intersection (Exhibit #35) . 17. Based upon the above, the Commission finds that the Appli- cant will take measures adequate to mitigate the estimated traffic congestion associated with this subdivision and that this subdivision will not have an adverse impact upon traffic safety. SECTION 6086 (a) (6 & 7) EDUCATIONAL & MUNICIPAL SERVICES: The Commission finds that this subdivision will not place an unreasonable burden on the ability of the municipality to provide educational, municipal or governmental services. This finding depends on and is supported by the following: 18. It is estimated that 87 students will reside within this subdivision. These students will attend schools within the South Burlington School Systems (Exhibits #4 and #14). These additional students will not place an unreasonable burden on the municipality to provide educational services (Exhibit #51) . Page 10 Findings of Fact #4C0694 19. This subdivision will not place an unreasonable burden on the ability of the municipality to provide police and fire services (Exhibits #10 and #12) . 20. Municipal wastewater and water service can be provided and the Applicant will contribute to improvements at the Kennedy Drive/Hinesburg Road intersection (see these Findings under criteria 1(B), 2, 3 and 5). SECTION 6086(a) (8) AESTHETICS, SCENIC BEAUTY, HISTORIC SITES & NATURAL AREAS: The Commission finds that the subdivision, as conditioned, will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites, or rare and irreplaceable natural areas. This finding depends on and is supported by the following: 21. This subdivision will not impact upon any historic sites, irreplaceable natural areas or necessary wildlife habitat and endangered species (Exhibits #4, #8 and #9). 22. As the Commission observed on its site visit the subdivision site is located in an area of open farmland, along a busy State road. Within view of this property can be seen expanses of open farmland, single family residences located on large lots, single family residences located in dense subdivisions and portions of business facilities. This property forms a portion of the view of open farmland presently interrupted to the south by a dense subdivision. Views of the property do not encompass any significant or important scenic vistas except as the property contributes to the openness characteristics of this area. 23. The City of South Burlington desires to acquire approximately 300 acres for use as a municipal park. This park is to be located in an area south of the Interstate into the northern section of this subdivision as depicted on Exhibit #94. The land is to be acquired from a number of large land holdings on which development is anticipated. The City and the Applicant have entered into an agreement for the City to purchase approximately 28 acres in the northwest section of this property. An element of this agreement is the ability of the City and Applicant to work a transfer of development rights on the 7.2 acres involved in lots #100 through #115. The City has planned to extend Swift Street, presently running east/west between Route 7 and Dorset Street, through the Page 11 Findings of Fact #4C0694 park and onto Route 116 (Exhibits #16, #43 and #46 and testimony of F. Murray). 24. A 200 foot open space buffer strip is to be retained along Route 116 (Exhibit #94). This buffer strip will abutt a single family residence and 25 acres of hayland to the north and a 350 foot wide buffer strip for a residential subdivision to the south. This 200 foot wide buffer strip will also allow for some future expansion of Hinesburg Road which may become a boulevard (testimony of J. Lafleur) . 25. The subdivision plan provides for two other open space areas. A 1.91 acre parcel is to be retained in the southern end of the property abutting the residential development and containing the stream. A 9.44 acre parcel is to be retained along the western boundary of the property, abutting the land to be transferred to the City and also containing the stream (Exhibit #94). 26. The homes to be constructed on these lots will be typical wood frame construction (Exhibit #4). 27. 70 watt sodium vapor cut-off luminaires are to be installed as depicted on Exhibit #62. 28. The subdivision is to be landscaped as depicted on Exhibits #114, #115 and #116. The 200 foot wide buffer strip along Route 116 is to be landscaped with 6 foot high earth berms, shade trees, evergreen trees and large deciduous trees. The streets are to be landscaped with 3 1/2 to 4 inch caliper red oak or norway maples at 60 foot intervals. Each lot is to be landscaped with 2 - 2 1/2 inch caliper lawn trees. The Commission will require that evergreen plantings that are at least 6 feet tall be installed in between the berms. 29. A sign 6 feet wide and 3'3" high will be placed between stone or brick standards. This sign will have overall dimensions of 10 feet by 5 feet, will be unlighted and will be installed as depicted on Exhibit #114. The Commission finds that this property does not contain any significant or important public vistas but finds that this property contributes significantly to the open space which characterizes this area. The Commission further finds that the single family homes will be in keeping with the existing single family homes and the developing residential subdivision to the south. The exterior lighting fixtures in a Page 12 Findings of Fact #4C0694 cut-off luminaire style will not result in undue glare if the Commission limits the height to 20 feet and reviews and approves the fixture prior to installation. The Commission finds that this subdivision will retain a significant amount of open space. The open space to be transferred to the City will continue some public perception of open space by virtue of the 25 acre parcel of hayfield with a single home abutting Route 116 and not owned by the Applicant. The open space to be retained within the subdivision will not continue the existing open space character of the area because it will be obscurred from public view by the homes to be constructed within the subdivision. The street trees will, when mature, make a significant positive contribution to the aesthetics of this subdivision. The 200 foot wide buffer area along Route 116 will not continue either the existing 350 foot wide standard set by the residential development to the south or the existing open space character of the area. The failure to continue the existing buffer strip standard and the placement of the rear of the homes to the public view, contrary to the standard set by existing homes along Route 116, will create an adverse aesthetic impact. This adverse impact will however be sufficiently mitigated by the landscaping plan because the height of the berms and the intensity of the plantings will screen the rear of the homes from the public's view. SECTION 6086 (a) (9) DEVELOPMENT PLAN: CONFORMANCE WITH THE CAPABILITY & The Commission finds that this project conforms to the capability and development plan. This finding depends on and is supported by the findings noted under the subsections of this criterion. SECTION 6086(a) (9) (A) IMPACT OF GROWTH: The Commission finds that the municipality will be able to accommodate the total growth that will result from this subdivision. This finding depends on and is supported by the following: 30. The City of South Burlington has a duly adopted capital improvement plan. The Applicant estimates that each lot and home will have a minimum assessed value of $150,000 Page 13 Findings of Fact #4C0694 which, at the 1986 tax rate, will yield tax revenue of $3420 per lot or $393,300 for the subdivision which will be sufficient to cover the costs of educational and municipal services generated by this subdivision (Exhibit #4) . SECTION 6086(a) (9) (B) PRIMARY AGRICULTURAL SOILS: 31. This property contains soils in the Covington Silty Clay, Livingston Clay, and Vergennes Clay soil series. Of these the Vergennes clays qualify as primary agricultural soils. The Vergennes soils comprise 48.5 acres of the 100 acre parcel. This application proposes the development of 20.5 acres of the 48.5 acres of primary agricultural soils. The remaining 28 acres of primary agricultural soils will be retained as open land. There is a 7.2 acre area which the original application devoted to the construction of Street "E" and the subdivision of lots #100 to #115. The Applicant has withdrawn this area from the application and will not develop this area unless a transfer of development rights can be arranged in conjunction with the City. The remain- ing 20.8 acres of primary agricultural soils will be a portion of the lands transferred to the City which are to be used for parkland (Exhibits #4, #55, #56 and #61). This proposal will retain 28 acres of primary agricultural soils in a "L" shaped contiguous area. Residential development adjoins the existing residential development to the south and retains primary agricultural soils in an area adjoining an existing agricultural operation. The Commission can find that this subdivision does not signi- ficantly reduce the potential of the primary agricultural soils if the subdivision of lots #100 to #115 (#97 through #113 in the revision of 7-27-87) is specifically not approved and if the agricultural potential of the soils on the 7.2 acre area and on the lands to be transferred to the City is continually maintained by, at a minimum, being mowed at least once a year. The Commission will incorporate these requirements into a permit condition and will require that such language is incorporated into the deed for the lands transferred to the City. The Commission will require that the subdivision of lands to the City be reviewed and approved through an administrative amendment prior to any transfer. The Commission finds that the 20 foot wide sewer easement depicted on (Exhibit #59) portions of the primary agricultural soils which may render these soils untillable Page 14 Findings of Fact #4C0694 when utilities are installed in this easement, negating the Commission's positive finding. Therefore, the Commission will specifically disallow this easement and will require that the Applicant file revised plans deleting this easement. SECTION 6086 (a) (9) (C) FOREST AND SECONDARY AGRICULTURAL SOILS: The Commission finds that the soils on the site do not qualify as forestry soils because the parcel is not of a size capable of supporting or contributing to a commercial forestry operation. The Commission finds that this subdivision will not significantly reduce the potential of the primary agricultural soils on this property. SECTION 6086 (a) (9) (D & E) EARTH RESOURCES & EXTRACTION OF EARTH RESOURCES: The Commission finds that this the interference with nor the because no topsoil, spoil, or removed from the project site. subdivision does not involve extraction of earth resources other earth resources will be SECTION 6086(a) (9) (F) ENERGY CONSERVATION: The Commission finds that the planning and design of the subdivision reflects the principals of energy conservation and incorporates the best available technology for the efficient use or recovery of energy. This finding depends on and is supported by the following: 32. The homes will be constructed with an insulation "R" factor of at least R-19 in the walls, at least R-38 in the roof or cap, and at least R-10 in the foundation walls. Additionally, the Commission will require that the homes be constructed with double -glazed windows and sited so as to achieve the maximum solar gain possible. Because electric resistance space heating does not constitute the best available space heating technology the Commission will specifically prohibit the installation of such heating systems in homes constructed on these lots. The Commission will require that these measures be incorporated into deed covenants which shall be reviewed and approved prior to the commencement of any construction. Page 15 Findings of Fact #4C0694 SECTION 6086(a) (9) (G) PRIVATE UTILITY SERVICES: The Commission finds that this subdivision does not involve private utilities because the streets and utilities will be owned and maintained by the City (Exhibit #4). The Commission will require that the deed covenants contain language allowing the City to maintain the stormwater swales traversing the rear of the lots. SECTION 6086(a) (9) (H) COSTS OF SCATTERED DEVELOPMENT: The Commission finds that the subdivision is contiguous to an existing settlement. SECTION 6086(a) (9) (J) PUBLIC UTILITY SERVICES: The Commission finds that utility service is available to this project, than an excessive or uneconomic demand will not be placed on such facilities or services, and that the provision of such services has been planned on the basis of a projection of reasonable population increase and economic growth as evidenced by the letters from the New England Telephone Company, Green Mountain Power Company and Vermont Gas (Exhibits #11, #40, #52 and #53). SECTION 6086(a) (9) (K) DEVELOPMENT AFFECTING PUBLIC INVESTMENTS: The Commission finds that this subdivision will not unnecessarily endanger the public investment or materially jeopardize the safety of the adjoining public investment in Vermont Route 116 (see these Findings under criterion 5). SECTION 6086(a) (9) (L) RURAL GROWTH AREAS: The Commission finds that this project is not located in a rural growth area as defined by the statute. SECTION 6086(a) (10) CONFORMANCE WITH THE LOCAL OR REGIONAL PLAN: The Commission finds that this project conforms to the local plan (testimony of J. Lafleur) and that this project will not have regional impacts given its size and location. Page 16 Findings of Fact #4C0694 IV. CONCLUSION OF LAW Based upon the foregoing Findings of Fact, it is the conclusion of this District Environmental Commission that the project described in the application referred to above, if completed and maintained in conformance with all of the terms and conditions of that application, and of Land Use Permit #4C0694 will not cause or result in a detriment to public health, safety or general welfare under the criteria described in 10 V.S.A. SEC.6086 (a). V. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, Land Use Permit #4C0694 is hereby issued. Dated at Essex Junction, Vermont, 1987. By: s � �;'� d a y.-o f trivia uaaei, Eycti D _strIpt #4 oroissi Co issioners partici in his decision: Katherine M. Vose Helen'B. Lawrence Environmental Board Patricia Gabel District #4 Coordinator KMV/PG/aml ust,I . a i rman ting ,EXHIBIT LIST FOR APPITCATION # 4CO694 E D R E A= APPLICANT X A E N T= TOWN H T C T TPC = TOWN PLANNING COMMISSION I E E E RPC = Regional Planning Commission B I R AEC = Agency of Environmental Conservation I V E T E D D N B 0. Y NATURE OF EXHIBIT Date Entered 1 10-3-86 A application form; by LDB, Inc. (10-3-86) 2 ff notice of service; by Fitzpatrick and Llewellyn (10-2-86) 3 itnotice - comm. of const. req. permit;by M. Brown (10-3-86) 4 " " document - project description; by Fitzpatrick and Llewellyn (10-2-86) 5 letter - re: drainage swale alteration; by Craig Heindel, Wagner, Heindel and Noyes, Inc, (9-16-86) 6 " letter - re: drainage excavation/marsh species; by Catherine Cutting, Industrial & Environ. Analysts, Inc. (9-16-86) 7 letter - re: agricultural soils; by A. Jestes, Dept. of Agriculture (1-31-86) 8 letter - re: wildlife; by T. Myers, Wildlife Biologist, Agency ofEnvironmental Conservation (9-18-86) 9 " " memo - re: wetland; by C. Pagel, State Wetlands Coordinator, Agency of Environmental Conservation(9-16-86) 10 " " letter - re: police services; by Ray MaGee, Acting Chief, So. Burl. Police Dept. (8-12-86) 11 " " letter - re: telephone service; by Wilfred Irwin Engineer at N.England Telephone (9-24-86) 12 " memo" - re: fire service;by James Goddette, Sr. Chief So. Burl. Fire Dept. (8-6-86) 13 letter - re: soils; by C. Van Winkle, Fitzpatrick and Llewellyn,(9-16-86) 14 letter - re: s'udents; by C. Van Winkle, " (9-17-86) 15 " document - "Contract for the Sale of Land"; LDB and City of So. Burl (9-24-86) unsigned 16 document - "Resolution Authorizing the Purchase of land" So. Burlingt-n City Council (unsigned) (9-23-86) 17 " " letter to W. Szymanski, City Manager, So. Burl - from L. Llewellyn re: Mitel Pump Station Study (7-2-86) EXHIBIT LIST FOr APPLICATION # 4C0694 E X H I B I T N 0. D R A E T C E E I V E D E N T E R E D B Y A= APPLICANT T= TOWN TPC = TOWN PLANNING COMMISSION RPC = Regional Planning Commission AEC = Agency of Environmental Conservation NATURE OF EXHIBIT Date Entered 18 10-3-86 A plan - "Overall Site Plan"; by Fitzpatrick and Llewellyn, Inc. (1 of 16) (9-86) 19 it it plan - "Site and Utilities Plan"; by " (2 of 16) (7-86) 20 it it plan - "Site and Utilities Plan"; by " (3 of 16) (7-86) 21 " it plan - "Site and Utilities Plan"; by " (4 of 16) (7-86) 22 " " plan - "Site and Utilities Plan"; by " (5 of 16) (9-86) 23- " " plan - "Roadway and Utilities Profile - 27 Streets A - E) (6 of 16 through 10 of 16) (7-86 to 9-86) 28 " plan - "Sanitary Sewer - Plan & Profile"; by Fitzpatrick and Llewellyn, (11 of 16) (7-86) 29 " " plan - "Miscellaneous Details" by Fitz. and Llewellyn, (12 of 16) (7-86) 30 " plan- "Typical Details - Site Facilities"; by Fitz. and Llewellyn, (1' of 16)(7-86) 31 " plan - "Typical Details - Site Facilities"; by Fitz. and Llewellyn, (14 of 16) (7-86) 32 " plan - "Typical Details - Erosion Control and Site Facilities"; by Fitz. and Llewellyn, (15 of 16) (7-86) 33 " " plan - "Pump Station & Details"; by Fitz. and Llewellyn, (16 of 16) (7-86) 34 " " plan - "Landscape Plan"; by Fitzpatrick and Llewellyn (1 of 1) (9-86) 35 10-9-86 A document - minutes of South Burlington planning meeting re: sewer allocation (9-23-86) EXHIBIT LIST FOR AP-LICATION # 4CO694 E D R E X A E N H T C T I E E E B I R I V E T E D D N B 0. Y 36 10-16-86 37 10-31-86 38 it 39 40 " 41 " 42 " 43 it 44 it 45 11-10-86 46 it 47 11-26-86 48 it 49 12-5-86 50 12-11-86 A = APPLICANT •� T = TOWN TPC = TOWN PLANNING COMMISSION RPC = Regional Planning Commission AEC = Agency of Environmental Conservation NATURE OF EXHIBIT Date Entered A letter - re: Traffic Impact Evaluation; by R. Dickinson, FitzPatrick-Llewellyn (10-14-86) Stat letter - re: Traffic; by F. Aldrich, Vt. Agency of Transportation (10-29-86) A letter - re: additional information; by C. VanWinkle, FitzPatrick-Llewellyn (10-28-86) if letter - re: water service; by S. Messian, South Burlington Water Dept. (10-24-86) It letter - re: electric service; by E. Shlatz, Green Mountain Power (10-23-86) " document - "Application for Permit to Discharge Wastes"; by M. Brown (undated) (001-007) " letter - re: sewer system; by W. Szymanski, South Burlington, City Manager (10-17-86) " diagram - of future City park " diagram - project location on SCS map AEC Entry of Appearance & Pre -Hearing Comments; by G. Gebaur, Land Use Attorney (11-4-86) A diagram - with Preferred Park Boundaries; by T. Boyle Associates (7-86) Stat letter - re: traffic; Wayne Martin, Agency of Transportation (11-21-86) A letter - re: sewer relocation; by J. LaFleur, South Burlington, City Planner (11-26-86) AEC letter - re: Protection Division review; by E. Christianson, Division of Protection (12-5-86) A letter - re: filling wetland; by R. Francisco, Operations Division, Department of the Army (11-10-86) EXHIBIT LIST FOR An"LICATION # 4CO694 E D R E A= APPLICANT •' X A E N T= TOWN H T C T TPC = TOWN PLANNING COMMISSION I E E E RFC = Regional Planning Commission B I R AEC = Agency of Environmental Conservation I V E T E D D N B O. Y NATURE OF EXHIBIT Date Entered 51 12-11-86 A letter - re: schools; by F. Tuttle, South Burlington School District Superintendent (11-13-86) 52 it It letter - re: gas service; by P. Goddette, Vermont Gas (11-12-86) 53 tv It letter - re: electric service; by B. Benson, Green Mountain Power Corp (11-4-86) 54 it" letter - re: it " ; by E. Shlatz, it it if (10-23-86) 55 12-17-86 " letter - re: agricultural soils; by L. Llewellyn, FitzPatrick-Llewellyn (12-16-86) 56 " letter - re: " it " it it (12-15-86) 57 " " plan - "Overall Site Plan, Index ."; by FitzPatrick-Llewellyn (1 of 16) (9-86 revised 12-17-86) 58 " " " plan - "Site & Utilities Plan"; by It (2 of 16) (7-86 revised 12-17-86) 59 " " plan - "Site & Utilities Plan"; by (5 of 16) (9-86 revised 12-17-86) 60 " plan - "Roadway & Utilities Profile, Sheet E"; by (10 of 16) (9-86 revised 12-17-86) 61 " " plan - "Soils/Project Overlay"; by (1 of 1) 62 plan - "Lighting Plan"; by (1 of 16) (9-86 revised 12-19-86) 63 " plan - "Soils Delination"; by (1 of 1) (11-86) 64 " plan - "Soils/Project Overlay"; by " (1 of 1) (11-86) EXHIBIT LIST FOR APPLICATION #4C0694 E X H I B I T N 0. D R A E T C E E I V E D E N T E R E D B Y A = APPLICANT T = TOWN TPC = TOWN PLANNING COMMISSION RPC = Regional Planning Commission AEC = Agency of Environmental Conservation NATURE OF EXHIBIT Date Entered 65 12-17-86 A plan - "Landscape Plan" by Fitzpatrick -Llewellyn (1 of 1) (9-86) 66 12-22-86 AEC permit - "Subdivision Permit" by E. Christianson, Regional Engineer (12-22-86) 67 12-30-86 St. memo - re: agricultural soils; by A. Jestes, Vermont Dept. of Agriculture (12-22-86) 68 12-30-86 A letter - re: traffic; by R. Dickinson, Fitzpatrick - Llewellyn (10-21-86) 69 1-13-87 A letter - re: additional information; by C. VanWinkle Fitzpatrick & Llewellyn (1-10-87) 70 1-28-87 it letter - re: erosion control; by J. Roeder, Fitz- patrick & Llewellyn (1-26-87) 71 2-3-87 AEC permit - Draft Discharge Permit, with letter by B. Kooiker, Permits and Compliance, AEC (2-2-87) 72 2-17-87 A letter - re: sign, additional information by C. VanWinkle, Fitzpatrick -Llewellyn (2-13-87) 73 2-17-87 A plan - "Landscape Plan"; by Fitzpatrick & Llewellyn (1 of 1)( 9-86 revised 2-13-87) 74 4-22-87 AEC permit - Discharge Permit by B. Kooiker, Permits and Compliance, AEC (3-27-87) 75 A letter - re: additional information on phasing, open areas and parkland, ownership, lighting by C. Van - Winkle, Fitzpatrick -Llewellyn (3-9-87) 76 letter - re: type of lights proposed, w/cut sheets attached; by C. VanWinkle, Fitzpatrick -Llewellyn (3-13-87) 77 " letter - re: additional information concerning open lareas, parks, buffer strips, by Lance Llewellyn, Fitzpatrick & Llewellyn (3-20-87) EXHIBIT LIST FOR APPLICATION #4C0694 E D R E A= APPLICANT X A E N T= TOWN H T C T TPC = TOWN PLANNING COMMISSION I E E E RPC = Regional Planning Commission B I R AEC = Agency of Environmental Conservation I V E T E D D N B 0. Y NATURE OF EXHIBIT Date Entered 78 A letter - re: proposed fences for new landscape plan 79 14-22-87 it if plan - "Erosion Control Details" by Fitzpatrick & 80 1 it I It 81 82 83 84 85 86 87 88 89 90 91 'I 'I 4-24-87 " 4-24-87 7-9-87 Llewellyn (16 of 20) (1-87) plan - "Erosion Control Plan" by same (17 of 20) (revised 1-16-87) plan - "Erosion Control Plan" by same, (18 of 20) (revised 1-16-87) plan - "Erosion Control Plan" by same, (19 of 20) (revised 1-16-87) plan - "Erosion Control Plan" by same, (20 of 20) (revised 1-18-87) plan - "Landscape Plan" by same, (1 of 1) (revised 3-17-87) plan - "Buffer Zone Design, Typical 300' strip" (300' = length, not width); (1 of 2); 3-87, by same plan - "buffer Zone Cross -Sections", (2 of 2), by same, (3-87) rendering: "Buffer Zone Design, Typical 300' strip", by same, (3-87) (1 of 2) rendering: "Buffer Zone Cross Sections"; by same, (3-87) (2 of 2) plan - "Revised Lot Layout Showing Enlarged Buffer Zone"; by same (4-87) plan - untitled, same intent as #89; by same (4-87) plan - "Revised Landscape Plan", by same, Sheet 1 of 2, (revised 7-7-87) EXHIBIT LIST FOR APPLICATION #4C0694 E D R E A= APPLICANT X A E N T= TOWN H T C T TPC = TOWN PLANNING COMMISSION I E E E RPC = Regional Planning Commission B I R AEC = Agency of Environmental Conservation I V E T E D D N B 0. Y NATURE OF EXHIBIT Date Entered 92 7-9-87 A plan - "Buffer Zone Design, Typical", by same, Sheet 2 of 2, revised 7-7-87 93 8-20-87 A letter - re: final plans and misc. info. by C. Van Winkle, Fitzpatrick & Llewellyn (8-19-87) 94 plan - "Overall ,Site Plan", sheet 1 of 23, by same, last revision (7-27-87) 95 Iplan - "Site & Utilities" by same, sheet 2 of 23 (") 96 " " plan - " same as above of by same, sheet 3 of 23 of 97 If it plan - "same as above" by same, sheet 4 of 23 " 98 of plan - "same as above" by same, sheet 5 of 23 if 99 " of plan - "Roadway & Utilities, Road A, Sheet 6, of 100 " plan - "same as above , Road B, Sheet 7" if 101 plan - "same as above, Road C, Sheet 8" if 102 plan - "same as above, Road D, Sheet 9" if 103 plan - "same as above, Road E, Sheet 10" if 104 " " plan - "Miscellaneous Profiles, Sheet 11" if 105 plan - "Miscellaneous Details, Sheet 12" it 106 " " plan - "Typical Details, Site Facilities,Sheet 13" of 107 it " plan - "Typical Details, " , Sheet 14" of 108 " " plan - "Pump Station and Details" , Sheet 15 If 109 " " plan - "Erosion Control Plan", Sheet 16 to 110 plan - "Erosion Control Details", Sheet 16 if EXHIBIT LIST FOR APPLICATION #4C0694 E D R E A= APPLICANT X A E N T= TOWN H T C T TPC = TOWN PLANNING COMMISSION I E E E RPC = Regional Planning Commission B I R AEC = Agency of Environmental Conservation I V E T E D D N B 0. Y NATURE OF EXHIBIT Date Entered 111 8-20-87 A plan - "Erosion Control Plan", Sheet 18, by Fitz- patrick & Llewellyn (7-27-87) 112 11 itplan - "Erosion Control Plan", Sheet 19, If" 113 VI itplan - "same as above", Sheet 20, " 114 " " plan - "Revised Landscape Plan", Sheet 21 115 plan - "Buffer Zone Design, Typical", Sheet 22 " 116 " plan - "Buffer Zone Cross -Sections", Sheet 23 " State division of Vermont Permit CASE NO. EC-4-1060 APPLICANT Vt. Structural Steel Corp. ADDRESS 207 Flynn Avenue Burlington, VT 05401 LAWS/REGULATIONS INVOLVED Chapter 3, Subdivisions Appendix A, Design Guidelines This project, consisting of subdividing 100 +/- acres into 115 residential lots, numbered 1-115 and a 2.8 acre lot to be dedicated to the City of South Burlington located off Vt. Route 116 in the City of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. GENERAL (1) This Permit does not constitute Act 250 approval under Case Number 4C0694. (2) The subdivision must be completed as shown on the plans Project Number 86030, Sheet 1 of 6 dated Sept. 1986, Sheet 2 of 16 dated July 1986; revised 10-10-86, Sheet 3 of 16 dated July 1986, revised 10-9-86; Sheet 4 of 16 dated July 1986, last revised 10-21-86; Sheet 5 of 16 dated Sept. 1986, last revised 10-21-86; Sheet 6 of 16 dated July 1986; Sheet 7 of 16 dated July 1986; Sheet 8 of 16 dated July 1986; Sheet 9 of 16 dated July 1986; Sheet 10 of 16 dated Sept. 1986; Sheet 11 of 16 dated July 1986; Sheet 12 of 16 dated July 1986; Sheet 13 of 16 dated Sept. 1986 and Sheet 16 of 16 dated July 1986 prepared by Fitzpatrick -Llewellyn Inc. and which have been stamped APPROVED by the Division of Protection. No changes shall be made to the approved plan without prior written approval from the Agency of Environmental Conservation. (3) A copy of the approved plans and the Permit shall remain on the project during all phases of construction and, upon request, shall be made available for inspection by State or local personnel. (4) Each prospective purchaser of any lot of the subdivision shall be shown a copy of the approved plot plan, the engineer's site report, and the Permit prior to conveyance. (5) This project has been reviewed and is approved for the construction of one single family residence on each of the approved lots No. 1 through 115. Construction of other type dwellings, including public buildings, duplexes, and condominium units, is not allowed without prior review and approval by the Agency, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. (6) By acceptance of this permit, the permittee agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental and health statutes and regulations and with the permit. (7) The 2.8 acre lot is not approved for the construction of any dwelling requiring the installation of interior plumbing or requiring the disposal of sewage without first receiving written permission from the Agency of Environmental Conservation. (8) Permission is granted for the construction of the sewer and water main extensions in accordance with conditions numbered 9 and 10 of this permit. No lot shall be conveyed, nor shall any homes be constructed without prior written approval by the Protection Division and approval will not be granted until the Protection Division receives written confirmation from both the City of South Burlington and the Agency of Environmental Conservation stating the Airport Parkway sewage treatment facility has the reserve capacity for the specific lot to be conveyed or constructed upon. Vt. Structural Steel Corp. EC-4-1060 Subdivision Permit Page 2 WATER SUPPLY (9) The water main extension is approved provided the water main extension is constructed in strict accordance with the Department of Health's "Letter of Approval" to Mery Brown dated December 16, 1986. SEWAGE DISPOSAL (10) A professional engineer, registered in the State of Vermont, is to generally supervise the construction of the sanitary sewer line extensions and, upon completion of construction, the supervising engineer is to submit to the Protection Division a written certification stating all construction has been completed in accordance with the stamped approved plans. The engineer's certification is to be submitted to the Division prior to the occupancy of any unit and the certification shall include, but not be limited to, the numerical results of all leakage testing performed on each section of the sanitary sewer extension and all manholes, pump stations and force main as described in Appendix A, of the Environmental Protection Rules. Dated in the Village of Essex Junction, Vermont this 22nd day of December, 1986. FOR THE DIVISION OF PROTECTION Ernest P. Christianson Regional Engineer cc: Donald Robisky Town Planning Commission Katherine Vose Fitzpatrick -Llewellyn I PLANNING COMMI XON A8 OCTOBER 1986 page 4 12. The Pla 13. The buildingpermitshall be obtained within 6 months or this approval is nu al nd void. Ms. Peacock seconded the motion which passed unanimously. 5. Consider sketch plan application of DBI Industries for a 2-71 lot su dlvl sl nn n ` t�_h_cTa 2k anrn „7v.no n All— n- -3 VV In-L1c11 flUUU Mr. Cannizzaro indicated the property is east of Burlington Drug Co, about 600-700 feet from Shelburne Rd. It is a manufacturing/ office building for the production of industrial machinery. DBI feels they own more land than they need and want to sell off the adjacent land. Mrs. Lafleur noted that neither lot is on the sewer stem, and if the buyer of the new lot wants to be on the sewer, they would have to extend it. There are 2 graveled entrances to the lot; these are not curbed. Mr. Dooley was concerned about the sewer and felt subdivision should require exteonsion of the sewer. Mr. Burgess said that requiring sewer extension to the vacant lot forces existing buildings to hook up. Mrs. Lafleur said it was her understanding that the Commission can require any development to connect to the sewer if there is capacity available. Mr. Burgesssaid he wasn't sure this was the case. Mrs. Lafleur will check on this. Mr. Burgess said he felt that if this was the only chance the Commission will get to extend the sewer, they should not let it get by. 6. PUBLIC HEARING: Final Plan application of LDB INc for a 11 lot subdivision with acres ol open space on rest en i acres and 273 acres of industrial and for the future ar aci at 1175 Hinesburg Roa There have been no changes since the last plan other than the adding of utilities for the relocated cul de sac. TF,e developer has agreed to go along with all the City Engineer's recommendations on engineering issues. They have also agreed to sod and seed areas as recommended by Wagner, Heildel & Noyse and Peter Owent. Mrs. Hurd noted that Mrs. Rye, an adjoining property owner, wants an American wire fence installed to keep people off their hayfield. Roger Dickinson presented the traffic study. He nobd that for purposes of the study they assumed all traffic would use the main Hinesburg Rd. exit. They estimate 1150 vehicles per day at this location with 115 at the peak hour. 80-90% of this traffic will access to and from therorth. The level of service at this location ,.will remain at "A". Left turns exiting will, hogfever, experience UP to 30-second delays (level of service "D't). A right turn de- celeration land is warranted;it is shown on the plan. f ZLANNING COMMISSION 38 oCTOBER 1986 page 5 Their analysis of Hinesburg Rd/Kennedy Drive intersection revealed the following: AM volumes for 1985 are unacceptable. The Hinesburg Rd. approach is at level of service "F". PM volumes are acceptable at level of service "C" or better. The 1987 projection shows a deterioration in the AM with the PM now below level of service "C". By 1992, both will be unacceptable. The following recommentations for improvements were made: In 1987, both AM and PM traffic could be alleviated by an exclusive left +µin lane on sw ne-vb rb Rd, rcciil +i nain . The �.. .... ....�.. �..� r... i ....� ...... .. ......,. �.,..... ... ,.... controller should also be retimed. In 1992, the existing controller would have to be replaced as different cycles for AM and PM peak traffic hours would be required and the present controller doesn't have this capacity. They also recommend right turn lanes on both sides of Kennedy Drive. Mrs. Lafleur reported that Craig Leiner agrees with the analysis and found the recommendations sound. He was most concerned with a formula to get improvements at this intersection. Mrs. Lafleur noted that the Commission has been assessing developments for intersection improvements and now has $12,500 coming in. Mr. Szymanski estimated the cost of recommended improvements to be about $46,000. The difference would have to be collected. Since LDB has 115 peak hour trip ends, the majority of which are north- bot.nd, they would be assessed 20% of the remaining cost, or $6,693. Members discussed the time -frame for the work and recommendations will be sent to the City Council. Regarding landscaping, red oak and maple will be used for street trees and there will be 2 trees per lot. Mrs. Lafleur was very pleased with the large street trees. It was recommended that a sidewalk fee be collected as fs being done elsewhere on Hinesburg Rd. Mr. Dooley moved that the Planning Commission a rove the final plat of LDB, INC, Mery Brown for the subdivision of a + acre parcel into a 28.1 acre parcel of7and zoned in us rial- a ricu ura single-family lots and 21.4 acres o open space to e dedicated to t o Ci as e e on a 16 page set of plans entitled "LDB Development, South Burlington,Vermont" pre- �ared by Fitzpatrick-LlewellXn, Inc,dated e em er, ig8b, s am dated October b. 198b with e following stipulations: 1. A landscaping bond shall be posted grior to germit in an amount determined bX 'te CitZ Planner. The bond may e phased in ac- cor ance with e phasing or the project. 2. Bonds for streets, sewer, and water shall be posted _prior to permit in an amour determined by the City Engineer. "Asbuilt" contruction drawings shall be submitted prior to the release of any bonds. 9-4 CO r, PLANNING COMMISSION 28 OCTOBER 1986 page 6 3. All legal documents, including offers of dedications and deeds or s ree s and open space, bills of sale for any ut" it iees, pec'T- estrian easements, drainage easements, etc., shall e prepare fo, review bye City Attorney within 5U days. 4. The applicant shall contribute_200 of the cost of the inter - ion im�rovemen s a Hinesburg Roadan Kennedy Drive baseT on Th-e 11T-trip ends gene—rategene-rated by the project. 5. The sewer fee of $2.50 per gallon shall be paid prior to permit. Tne aiiocation of 7n,I7u gaiions per aay is mace in accoraance wizn tlie-South Burlington Sewer Policy. This allocation shaii be pnaseT in accordance with the phasing plan. This project is place on ne waiting list until additional capacity is available at the irpor Parkway Treatment Plan 6. The streets and curbs in each phase shall be installed prior to e issuance of a building permit. 7. In accordance with Section 412.2 of the subdivision regulations, no topsoil, sand or gravel shall e removed from the subdivision Tor anZ prupose other than to meet the consf-ruc ion needs of TH s subdivision or Tn meeT any requirements of the regulations. 8. The drainage area shall be sodded and seeded with grass and wwi=rlowers . 9. The street names shall be a, e final plat. d by the Planner and shown on 10. Final approval from the School Board shall be obtained prior To —permit. 11. The plan shall show a 4-foot high American wire fence along TTTe—north boundary between the development and the Rye properly. 12. Street corner of corner lots shall have a radius corner con- centric with e curb radius. 13. Utility easement shall be centered over pipes. 14. Water mains shall be at least 5 feet from any lot line or easement given. 15. Underground power shall be p. side) with e e one an strip e ween curb and sideway aced back of the sidewalk (lot gas main shall e in the grass 16. All utilityand street li htin pplans shall be submitted to e Cityor aroval rio�installation or prior to permit, whichever is later. A PLANNING COMMISSION 28 ;rOCTOBER 1986 page 7 17. Water Department shall review and approve water system plans prior to permit. 18. Roadsshall have an 18 inch gravel base in all cases. 19. The maximum number of adjusting bricks shall be two courses in any manhole or catch asin. 20. A cash contribution for a sidewalk along Hinesburg Road shall be made prior to permit. The amount shall e e ermine e City Planner as slit `i ricn+ � ��;� r,,,.+ + �, 3 TT—;,-��- uc v the sidewa lil Qi V11- 1.11C east side of the property along Hinesburg Roa . 21. It is the applicant's responsibility to record the final plat wi in 90 days or this a prova-1 is null and void. It shall e a2proved by the Planner and signed by the Chairman or Clerk o Sion prior to recording. 22. The first building permit must be obtained within 3 years or this approval is null and void. Mrs. M6;�ier seconded, and the motion passed unanimously. Dan Pillsbury, who has been farming property across the road stated that the City got the permit to expand the Airport Parkway Sewage Plant and also got federal funding by saying they would spread the sludge on city farmland. This farmland is now being developed so that it will not be available to receive the sludge. Consider site plan application of the South Burlin ton Water De ar ment for construction of a 3600 sq. a i ion to Ci y Hail, 575 Dorset St. Mrs. Peacock, who is Chairman of the Water Commission, stepped down during this discussion. Roby Stoner explained that the plan is to add on to the City Hall building at the rear. The addition will be 2 stories totaling 3600 sq. ft. (1800 on each floor). There will be offices upstairs and a garage downstairs. The access drive will be removed or replaced. Mrs. Lafleur explained that the plan as presented shows what will happen after Droset St. is widened; however, improvements in front of City Hall will be the responsibility of the City. The plan will be revised. The fire chief also has a question on the access drive, and the new plan will address his concerns. Mr. Stoner stressed that the access drive is only for Water Dept. vehicles. The public will enter from the front, through City Hall. There is already enough parking on site to meet the Water Dept's needs. Mrs. Peacock added that they don't plan any changes to the parking lot; the Dorset St. Tproject will trigger the need to adjust parking. Lo)e State of Vermont CASE NO. APPLICANT ADDRESS LAND USE PERMIT 4CO694 Oak Creek Investments 200 Twin Oaks Terrace Suite 1 South Burlington, Vermont 05403 V Jr 1�rwct . lsie 1 LAWS/REGULATIONS INVOLVED 10 V.S.A., Chapter 151 (Act 250) and Vermont State Environmental Pro- tection Rules Chapter 3, Subdivisions Appendix A - Design Guide lines District Environmental Commission #4 hereby issues a Land Use Permit #4C0694 pursuant to the authority vested in it in 10 V.S.A., Chapter 151. This permit applies to the lands identified in Book 218, Pages 392-394, of the land records of the City of South Burlington, Vermont, as the subject of a deed to Oak Creek Investments, the "Permittee" as "grantee". This permit specifically authorizes the Permittee to construct 8337 feet of roads and utilities necessary to serve 96 residential lots located off of Route 116 in South Burling- ton, Vermont. This permit does not approve the sale or transfer of any lots or the construction of any homes. The Permittee, its assigns and successors in interest, are obligated by this permit to complete and maintain the project only as approved by the District Commission in accordance with the following conditions: 1. The project shall be completed, maintained, and operated as set forth in Findings of Fact and Conclusions of Law #4C0694, in accordance with the plans and exhibits stamped "Approved" and on file with the District Environmental Commission, and in accordance with the conditions of this permit. No changes shall be made in the project without the written approval of the District Environmental Commission. 2. By acceptance of the conditions of this permit without appeal, the Permittee confirms and agrees for itself and all assigns and successors in interest that the conditions of this permit shall run with the land and the land uses herein permitted, and will be binding upon and enforceable against the Permittee and all assigns and successors in interest. Page 2. Land Use Permit #4C0694 3. The District Environmental Commission maintains continuing jurisdiction during the lifetime of the permit and may periodi- cally require that the permit holder file an affidavit certifying that the project is being completed in accordance with the terms of the permit. 4. The Permittee shall apply water and/or calcium chloride to all disturbed areas within the project as necessary to control dust until the disturbed areas are fully stabilized. 5. Upon commencement of construction the Permittee shall install a stabilized construction entrance which intersects Route 116 which shall be constructed to the standards set forth in the Vermont Handbook for Soil Erosion and Sediment Control on Construction Sites. 6. This permit hereby incorporates all of the conditions of the Subdivision Permit #EC-4-1060 issued on December 22, 1986 by the Regional Engineer, Division of Protection, Agency of Environmental Conservation in compliance with the Vermont State Environmental Protection Rules. No transfer or sale of any lots and no construction of any homes is permitted until the Permittee has received written confirmation of wastewater treatment facility capacity from the City of South Burlington and the Agency of Environmental Conservation and a Subdivision Permit Amendment is incorporated into this permit by an administrative amendment. 7. The Permittee and all assigns and successors in interest, including the City of South Burlington, shall comply with all of the terms and conditions of the Discharge Permit, File No. 04-14-072 to be issued by the Agency of Environmental Conservation. 8. All tree stumps shall be disposed of at a State approved landfill. 9. The Permittee, and all assigns and successors in interest shall install and maintain water -conserving plumbing fixtures in all residences, including but not limited to low -flush toilets, low -flow showerheads, and aerator -type or flow -restricted faucets. All deeds for the homes constructed on these lots shall require the maintenance of the same. `Page 3 Land Use Permit #4C0694 10. The Permittee shall comply with Exhibits #109, #110, #111, #112 and #113 for erosion control. Hay bale dams and silt fences shall be installed as depicted on the plans prior to commencement of construction. The Permittee shall prevent the transport of any sediment beyond that area necessary for construction. From October 1 to April 15 of any calendar year, all non -vegetated disturbed areas of the construction site shall be mulched until final vegetative cover is established. All erosion control devices shall be periodically cleaned, replaced, and maintained until vegetation is permanently established on all slopes and disturbed areas. The Commission reserves the right to schedule hearings and site inspections to review erosion control, and to evaluated and impose additional conditions with respect to erosion control, as they deem necessary. The Permittee shall retain a registered engineer who shall conduct erosion control inspections weekly and after every rain event of 1 inch or greater. The engineer shall complete a weekly report certifying that the employed erosion control measures provide protection at least equivalent to the procedures outlined in the Vermont Handbook for Soil Erosion and Sediment Control On Constructioon—Sites and that the technical requirements of Vermont's Water Quality Standards are being met. The Permittee shall immediately implement recommendations of the engineer to bring the erosion control measures into compliance with these standards. 11. Prior to the commencement of construction the Permittee shall file with the Commission the Highway Access Permit to be issued by the Vermont Agency of Transportation. 12. The Permittee and all assigns and successors in interest including the City of South Burlington shall continually maintain the landscaping substantially as approved in Exhibits #114, #115 and #116 by replacing any dead or diseased plantings as soon as seasonably possible. The Permittee shall install evergreen plantings not less than 6 feet tall in between the berms depicted in Exhibits #114, #115 and #116. 13. The sign is to be constructed as depicted on Exhibit #114 and must: be unlit. 14. Prior to the commencement of construction, the Permittee shall file a detail sheet of the exterior lighting fixtures to be installed and shall receive the approval of the Commission. The maximum permitted height of exterior lighting fixtures and poles is 20 feet. Page 4 Land Use Permit #4C0694 15. The Permittee and all assigns and successors in interest including the City of South Burlington, shall maintain the agricultural potential of the retained primary agricultural soils by, at a minimum, mowing the areas containing these soils at least once a year. 16. Prior to the transfer of the 28 +/- acres to the City of South Burlington the Permittee shall file the deed language incorporating condition #15, above, and shall receive the approval of the District Environmental Commission in the form of an administrative amendment. 17. No topsoil or other earth materials may be removed from the property without the prior written approval of the District Environmental Commission. 18. All heated structures erected on lots approved herein shall be constructed with insulation with an R-Value of at least R-19 in the exterior walls, at least R-38 in the roof or cap; at least R-10 around the foundation or slab and double -glazed windows. The installation of electric resistance space heating systems is specifically prohibited. 19. Prior to the sale of any lot the Permittee shall file deed covenants and shall receive the written approval of the District Environmental Commission. These deed covenants shall incorporate conditions #9, #15 and #18 of this permit, shall provide for the continual maintenance of the stormwater swales traversing private lots, and shall prohibit the amendment of the section incorporating these items without the prior written approval of the District Environmental Commission. Commission approval of the deed covenants is limited to these sections. 20. Each prospective purchaser of any lot shall be shown a copy of the approved plot plan, the Certification of Compliance, and the Land Use Permit before any written contract of sale is entered into. 2.1. No further subdivision of any parcels of land approved herein shall be permitted without the written approval of the District Environmental Commission. 22. In addition to conformance with the requirements of condition #13, the Permittee shall not cause, permit or allow the discharge of waste materials into any surface waters. Compli- ance with the requirements of this condition does not absolve the Permittee from compliance with 10 V.S.A., Chapter 47, Vermont's Water Pollution Control Law. Page 5 Land Use Permit #4C0694 23. All construction on the roads and utilities must be completed by October 15, 1988. 24. This permit shall expire on August 1, 2017, unless extended by the District Commission. Notwithstanding the latter date, this permit shall expire one year from date of issuance if the Permittee has not demonstrated an intention to proceed with the project. In any event, substantial construction must occur within two years of the issuance date. 25. Failure to comply with any of the above conditions may be grounds for permit revocation pursuant to 10 V.S.A., Section 6090(b). Dated at Essex Junction, Vermont, this,-�gday df Augusts, 1�.9 By Katherine M. Vose Environmental Board District #4 Coordinator KMV/PG/aml Patricia -Gabel,, ActilncF Chairman District #4 Commissi"n Comm1`ssioners partici ting in th's decision: Helen B. Lawrence Patricia Gabel STATE OF VERMONT DISTRICT ENVIRONMENTAL COMMISSION RE: Oak Creek Investments Application #4C0694 200 Twin Oaks Drive, Suite 1 Findings of Fact and South Burlington, Vermont 05403 Conclusions of Law and Order, 10 V.S.A., Chapter 151 (Act 250) I. INTRODUCTION On October 9, 1986, an application for an Act 250 permit was filed by Oak Creek Investments, 200 Twin Oaks Drive, Suite 1, South Burlington, Vermont for a project generally described as the subdivision of 100 +/- acres into 115 residential lots and the construction of approximately 8000 feet of roads and utilities with municipal water and sewer and located off of Route 116 in South Burlington, Vermont. The tract of land consists of 100 +/- acres with 100 +/- acres involved in the project area. Oak Creek Investments' legal interest is ownership in fee simple described in a deed recorded on December 12, 1986. Under Act 250, projects are reviewed based on the 10 criteria of 10 V.S.A., Sec. 6086(a) 1-10. Before granting a permit, the District Commission must find that the project complies with these criteria and is not detrimental to the public health, safety or general welfare. Decisions must be stated in the form of findings of fact and conclusions of law. The facts we have relied upon are contained in the documents on file identified as Exhibits #1 through #116, and the evidence received at hearings held on November 10, 1985 and December 23, 1986. At the end of the final hearing, the proceeding was recessed pending submission of additional information. The hearing was finally adjourned on August 20,' 1987 upon receipt of all of this additional information. Parties to this application who attended the hearing are: The Applicant by Mervin Brown, Lance Llewellyn, Charles VanWinkle, Roger Dickinson, Vince Foley and Skip McClellan; The City of South Burlington by Francis Murray, Councilman; The South Burlington Planning Commission by Jane Lafleur; Page 2 Findings of Fact #4C0694 The Chittenden County Regional Planning Commission Office by Arthur Hogan; The Entry of Appearance and Pre -Hearing Comments filed by Gordon Gebauer, of the Agency of Environmental Conservation were entered into the record. Adjoining property owner Arthur Rye of 1075 Hinesburg Road, South Burlington, Vermont was admitted under criterion 9(B) with respect to the impact that this project may have upon the agricultural use of his property. II. GENERAL This application requests approval for the subdivision of a large parcel of open land located on Route 116 south of I-89. At the present time this section of Route 116 is characterized by expansive open space, single family residences on large lots and 2 developing residential subdivisions. This subdivision application provides for a signifant amount of open space, much of which will be transferred to the City of South Burlington for parkland. Special issues have been identified under 3 of the 10 criteria. Because the expansion of Airport Parkway Treatment Facility is not yet complete the Commission's approval under criterion 1(B), waste disposal, must be limited and lots cannot be transfered or homes constructed until the additional capacity is available. Under criterion 8, aesthetics, the Commission has found that the Applicant revised this application, adding a visual buffer between Route 116 and the homes. With respect to criterion 9(B), the Commission has found that the subdivision's open space scheme complemented the retention of primary agricultural soils. It is important to note that the Applicant revised this application during the hearing process. The Applicant has purchased the property in fee simple which removed Vermont Structural Steel as a co -applicant and the name of the Applicant has changed. The Applicant has removed 7.2 acres from the development proposal, thereby reducing the proposed number of lots to 96 and the length of roads to 8337 feet. After revised plans were filed the number of lots was again reduced from 96 to 93. An amendment application for the development of 17 lots on these 7.2 acres will only be filed if the Applicant is able to transact a transfer of development rights. Page 3 Findings of Fact #40694 III. FINDINGS OF FACT In making the following findings, we have summarized the statutory language of the 10 criteria of 10 V.S.A., Section 6086(a): SECTION 6086(a) (1) WATER AND AIR POLLUTION: The Commission finds that this subdivision will not result in undue air or water pollution. This finding depends on and is supported by the findings noted under the subsections of this criterion. SECTION 6086(a) (1) AIR POLLUTION: The Commission finds that this subdivision will not result in undue air pollution. This finding depends on and is supported by the following: 1. This residential subdivision will not generate any process emissions, noxious odors or noise pollution (Exhibit #4). 2. The homes will be heated with oil, gas, electric or wood fired heating systems which will not generate undue air pollution (Exhibit #4). 3. It is assumed that 2 parking spaces will be associated with each home (Exhibit #4) so that this subdivision will contain 192 parking spaces which is below the threshold which the Agency of Environmental Conservation has deter- mined will result in non -point source air pollution. SECTION 6086(a) (1) (A) HEADWATERS: The Commission finds that this subdivision is located in a headwaters area as defined by this section and that this subdivision will comply with applicable health and water resources regulations regarding water quality. This finding depends on and is supported by the following: 5. The property which is to be subdivided is located in a headwaters area because it occupies a drainage area of less than 20 square miles. Compliance with applicable health and water resources regulations has been demonstrated by issuance of a Subdivision Permit and a Draft Discharge Permit (Exhibits #66 and #71). Page 4 Findings of Fact #4C0694 SECTION 6086(a) M (B) WASTE DISPOSAL: The Commission finds that this subdivision will meet applicable Division of Protection Regulations and will not result in the injection of waste materials or harmful or toxic substances into groundwater or wells. This finding depends on and is supported by the following: 6. This residential subdivision will not generate any process, hazardous or unusual wastes (Exhibit #4). 7. It is estimated that this subdivision will generate 51,750 gallons per day of wastewater. Wastewater will be collected into gravity system and forced through a temporary pump station to an existing pump station (Mitel, Lane property) and to the Airport Parkway Sewage Treatment Facility. The use of the temporary pump station will be discontinued when land to the north of this property is developed (Exhibit #4). The Applicant has studied the Mitel (now Lane Press) Pump Station and has determined that it is capable of handling the wastewater flows from this subdivision (Exhibit #17). The South Burlington Planning Commission has allocated this subdivision 51,750 gallons per day and has placed this subdivision on the waiting list (Exhibit #42). The expansion to the Airport Parkway Wastewater Treatment Facility has been financed, is presently under con- struction, and are expected to be completed by the fall of 1987. When the Treatment Facility improvements are completed the facility will have the capacity to treat all of the flows from this project (Exhibit #48). Based upon the above, the Commission finds that the Airport Parkway Sewage Treatment Facility will have the capacity available to service this subdivision. To assure compliance under this subsection the Commission will require that the Applicant file a letter verifying the plant's capacity to serve this subdivision and an amended subdivision permit prior to the transfer or conveyance of any lot or the construction of any home. A Subdivision Permit has been issued by the Regional Engineer, Division of Protection, Agency of Environmental Conservation which the Commission accepts as evidence that this project complies with the applicable Environmental Protection Rules for connection to a municipal treatment plant and will not result in undue water pollution. This subdivision permit authorizes only the construction of sewer and water main extensions and does not permit the Page 5 Findings of Fact #4C0694 conveyance of any lot or the construction of any home until the Division of Protection receives written confirmation from the City of South Burlington and the Agency of Environmental Conservation that the Airport Parkway Sewage Treatment Facility has capacity to serve (Exhibit # 66) . 8. Stormwater runoff from the curbed roads will be directed into catch basins designed to remove floatable and settle- able solids, then into shallow grassed swales prior to discharge into a tributary of Potash Brook. Stormwater runoff from the lots will, generally, be directed into these grassed swales. The natural vegetation in these swales will filter pollutants from the stormwater. Discharge points will have stone outfalls (Exhibits #4, #20, #21, #58 and #59). A Temporary Pollution Permit has been issued which the Commission accepts, in lieu of evi- dence, that this subdivision complies with applicable Water Resources Department regulations (Exhibit #71). 9. Because the majority of the property is an open meadow there will be few tree stumps. Any tree stumps will be disposed of at a State approved landfill (testimony of L. Llewellyn). SECTION 6086(a) (1) (C) WATER CONSERVATION: The Commission finds this subdivision utilizes the best available technology for water conservation in residential buildings. The finding depends on and is supported by the following: 10. The Applicant will require that low flush toilets, flow - restricting shower heads and aerated faucets be installed in homes constructed on these lots and the Commission will require that this requirement be incorporated into deed covenants and approved by the Commission prior to the sale of any lot. SECTION 6086(a) (1) (D) FLOODWAYS: The Commission finds that this subdivision will not be located in the floodway or floodway fringe of the tributary of Potash Brook because the unnambed tributary to Potash Brook has a 100 year flood elevation of 325 feet above sea level which is not located within the project area and construction will occur on lands which have an elevation well above this 100 year floodplain elevation (Exhibits #4 and #38). Page b Findings of Fact #4C0694 SECTION 6086(a) (1) (E) STREAMS: The Commission finds that it is not feasible to maintain the existing conditions of the stream if the subdivision is to be achieved and finds that the proposed alterations will enhance stream flow and will not endanger the health, safety or welfare of the public or of adjoining land. This finding depends on and is supported by the following: 11. An unnamed tributary of Potash Brook flows across the westerly section of this property. An area of this stream and its associated wetland will be filled to provide for a road crossing and the stream channel will be excavated to provide a greater depth so that the water will flow. This drainage swale drains a residential subdivision to the south. Because the southerly 1500 to 1600 feet of the drainageway has a low gradient, very little change in grade, and the water moves slowly, the stream channel meanders, creating wetland areas. The Applicant proposes to cut 2 feet to 5 feet into the bottom of the stream channel with a width of 25 feet and over a length of 1300 feet. The Applicant will fill the wetland area as depicted on Exhibit #50. This work is necessary to allow the street drainage system and the stormwater swale system to function properly. The existing aquatic vegetation and wetland will be removed and will be replaced by a seasonally flowing stream and vegetation typical of better drained soils. This work will not adversely affect the water quality if the Appli- cant employs stringent erosion controls (Exhibit #5). SECTION 6086(a) (1) (F) SHORELINES: The Commission finds that this subdivision will not be located on a shoreline (Exhibit #4). SECTION 6086(a) (2&3) WATER AVAILABILITY & IMPACT ON EXISTING SUPPLY: The Commission finds that there is sufficient water available to meet the needs of this subdivision and that this subdivision will not place an unreasonable burden on an existing supply. This finding depends on and is supported by the following: Page 7 Findings of Fact #4C0694 12. The South Burlington Water Department Superintendent has approved the water allocation and connections for this project (Exhibit #39). SECTION 6086(a) (4) SOIL EROSION & THE CAPACITY OF THE LAND TO HOLD WATER: The Commission finds that it must require additional measures regarding soil erosion by condition to insure that undue erosion should not result and that the land area to be covered by pavement and buildings will result in additional runoff that will be controlled by the stormwater system. This finding depends on and is supported by the following: 13. The subdivision propert y During construction staked haybales and silt fences will be employed as depicted on Exhibits #109, #111, #112, #113 as detailed as sequenced on Exhibit #110. Under subcriterion l(Air) the Commission has required that a stabilized construction entrance will be installed which will reduce the amount of sediment deposited on Route 116 by vehicles. Any area which is disturbed and will be left exposed for more than 60 days will be seeded and mulched. All disturbed areas will be stabilized by October 15th of any construction season or surrounded with silt fence or staked haybales (Exhibit #4). Work within the stream and wetland will require special erosion control attention (Exhibit #5). This area will be worked during low flows, from upstream to downstream so that hay bale dams backed by silt fences will be below the disturbed area, and final graded banks will be seeded and heavily mulched within 24 hours of final grade (Exhibit #4). This work will be done as construction commences. Any excess cut material will be used on the site in areas away from the wetland area (Exhibit #38). The Commission is concerned that, if the work in the stream and wetlands is not carefully supervised or if the disturbed areas are not adequately stabilized when stormwater flows are directed into the rechanneled stream, sediment could be carried downstream possibly entering Potash Brook. To avoid such an eventuality, the Commission will require Page 8 Findings of Fact #4C0694 that the Applicant retain a professional engineer to inspect all erosion controls weekly and after every storm event with rainfall of 1" or greater. This engineer shall complete a weekly report, certifying that the employed erosion control measures provide protection at least equi- valent to the procedures outlined in the Vermont Handbook for Soil Erosion and Sediment Control on Construction S ti es and that the technical requirements of the Vermont Water Quality Standards are being met. These reports shall be made available to State personnel and the Commission upon request. SECTION 6086(a) (5) TRANSPORTATION: The Commission finds that this subdivision will not cause unreasonable congestion or unsafe conditions with respect to transportation. This finding depends on and is supported by the following: 14. This subdivision is to be served by a single intersection with Route 116 and two roads which will connect to the existing subdivision to the south. The sight distances at the intersection of the project road and Route 116 are in excess of 800 feet in either direction. The speed limit along this section of Route 116 is 45 miles per hour. It is estimated that this subdivision will generate 1150 average daily vehicle trips and 115 daily p.m. peak hour vehicle trips (Exhibit #4). 15. In analysizing the impact that traffic from this subdivision would have upon Route 116 the Applicant first determined area traffic growth based on 30th highest hour design parameter, Vermont Agency of Transportation data and concluded that traffic on Route 116 will increase by 6% to the design year of 1992. The traffic associated with anticipated growth in the area and from this subdivision was then estimated. The limiting factor of the capacity at the intersection of the subdivision road and Route 116 was analyzed. This analysis concludes that this intersection will experience "A" Levels of Service for all but the left turn exit from the project which will be a Level of Service of "D" and that this is acceptable. Undue traffic safety problems should not result because there are adequate sight distances at the intersection. A right turn deceleration lane will be installed and the installation of left turn lane is not warranted (Exhibit #36). Page 9 Findings of Fact #4C0694 A highway access permit must be obtained from the Vermont Agency of Transportation (Exhibit #47) and the Commission will require that this permit be filed prior to the commencement of any construction. 16. The Applicant has prepared an overall traffic impact evaluation of the intersection of Kennedy Drive and Hines- burg Road. This report is based upon a 30 highest hour design methodology with the design year of 1992, taking into account existing conditions, Vermont Agency of Trans- portation projections and anticipated future traffic from 8 specific development sites. This subdivision accounts for approximately 18% of anticipated future traffic. This study concludes that "The future operation of the Kennedy Drive/Hinesburg Road intersection will be significantly impacted by the rapid development which is presently occurring along Hinesburg Road". In order to maintain a Level of Service of "C" at this intersection a left turn lane must be added to the north approach of Hinesburg Road, right turn lanes must be added to the westbound and eastbound approaches of Kennedy Drive, and the existing signal controller must be replaced (Exhibit #68). The South Burlington Planning Commission require this study as a condition of approval and has also required that the Applicant pay a fee according to a formula established for the Kennedy Drive/Hinesburg Road intersection (Exhibit #35) . 17. Based upon the above, the Commission finds that the Appli- cant will take measures adequate to mitigate the estimated traffic congestion associated with this subdivision and that this subdivision will not have an adverse impact upon traffic safety. SECTION 6086 (a) (6 & 7) EDUCATIONAL & MUNICIPAL SF.RVTCF9! The Commission finds that this subdivision will not place an unreasonable burden on the ability of the municipality to provide educational, municipal or governmental services. This finding depends on and is supported by the following: 18. It is estimated that 87 students will reside within this subdivision. These students will attend schools within the South Burlington School Systems (Exhibits #4 and #14). These additional students will not place an unreasonable burden on the municipality to provide educational services (Exhibit #51). Page 10 Findings of Fact #4C0694 19. This subdivision will not place an unreasonable burden on the ability of the municipality to provide police and fire services (Exhibits #10 and #12). 20. Municipal wastewater and water service can be provided and the Applicant will contribute to improvements at the Kennedy Drive/Hinesburg Road intersection (see these Findings under criteria l(B), 2, 3 and 5). SECTION 6086(a) (8) AESTHETICS, SCENIC BEAUTY, HISTORIC SITES & NATURAL AREAS: The Commission finds that the subdivision, as conditioned, will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites, or rare and irreplaceable natural areas. This finding depends on and is supported by the following: 21. This subdivision will not impact upon any historic sites, irreplaceable natural areas or necessary wildlife habitat and endangered species (Exhibits #4, #8 and #9). 22. As the Commission observed on its site visit the subdivision site is located in an area of open farmland, along a busy State road. Within view of this property can be seen expanses of open farmland, single family residences located on large lots, single family residences located in dense subdivisions and portions of business facilities. This property forms a portion of the view of open farmland presently interrupted to the south by a dense subdivision. Views of the property do not encompass any significant or important scenic vistas except as the property contributes to the openness characteristics of this area. 23. The City of South Burlington desires to acquire approximately 300 acres for use as a municipal park. This park is to be located in an area south of the Interstate into the northern section of this subdivision as depicted on Exhibit #94. The land is to be acquired from a number of large land holdings on which development is anticipated. The City and the Applicant have entered into an agreement for the City to purchase approximately 28 acres in the northwest section of this property. An element of this agreement is the ability of the City and Applicant to work a transfer of development rights on the 7.2 acres involved in lots #100 through #115. The City has planned to extend Swift Street, presently running east/west between Route 7 and Dorset Street, through the Page 11 Findings of Fact #4C0694 park and onto Route 116 (Exhibits #16, #43 and #46 and testimony of F. Murray). 24. A 200 foot open space buffer strip is to be retained along Route 116 (Exhibit #94). This buffer strip will abutt a single family residence and 25 acres of hayland to the north and a 350 foot wide buffer strip for a residential subdivision to the south. This 200 foot wide buffer strip will also allow for some future expansion of Hinesburg Road which may become a boulevard (testimony of J. Lafleur). 25. The subdivision plan provides for two other open space areas. A 1.91 acre parcel is to be retained in the southern end of the property abutting the residential development and containing the stream. A 9.44 acre parcel is to be retained along the western boundary of the property, abutting the land to be transferred to the City and also containing the stream (Exhibit #94). 26. The homes to be constructed on these lots will be typical wood frame construction (Exhibit #4). 27. 70 watt sodium vapor cut-off luminaires are to be installed as depicted on Exhibit #62. 28. The subdivision is to be landscaped as depicted on Exhibits #114, #115 and #116. The 200 foot wide buffer strip along Route 116 is to be landscaped with 6 foot high earth berms, shade trees, evergreen trees and large deciduous trees. The streets are to be landscaped with 3 1/2 to 4 inch caliper red oak or norway maples at 60 foot intervals. Each lot is to be landscaped with 2 - 2 1/2 inch caliper lawn trees. The Commission will require that evergreen plantings that are at least 6 feet tall be installed in between the berms. 29. A sign 6 feet wide and 3'3" high will be placed between stone or brick standards. This sign will have overall dimensions of 10 feet by 5 feet, will be unlighted and will be installed as depicted on Exhibit #114. The Commission finds that this property does not contain any significant or important public vistas but finds that this property contributes significantly to the open space which characterizes this area. The Commission further finds that the single family homes will be in keeping with the existing single family homes and the developing residential subdivision to the south. The exterior lighting fixtures in a Page 12 Findings of Fact #4C0694 cut-off luminaire style will not result in undue glare if the Commission limits the height to 20 feet and reviews and approves the fixture prior to installation. The Commission finds that this subdivision will retain a significant amount of open space. The open space to be transferred to the City will continue some public perception of open space by virtue of the 25 acre parcel of hayfield with a single home abutting Route 116 and not owned by the Applicant. The open space to be retained within the subdivision will not continue the existing open space character of the area because it will be obscurred from public view by the homes to be constructed within the subdivision. The street trees will, when mature, make a significant positive contribution to the aesthetics of this subdivision. The 200 foot wide buffer area along Route 116 will not continue either the existing 350 foot wide standard set by the residential development to the south or the existing open space character of the area. The failure to continue the existing buffer strip standard and the placement of the rear of the homes to the public view, contrary to the standard set by existing homes along Route 116, will create an adverse aesthetic impact. This adverse impact will however be sufficiently mitigated by the landscaping plan because the height of the berms and the intensity of the plantings will screen the rear of the homes from the public's view. SECTION 6086(a) (9) CONFORMANCE WITH THE CAPABILITY & DEVELOPMENT PLAN: The Commission finds that this project conforms to the capability and development plan. This finding depends on and is supported by the findings noted under the subsections of this criterion. SECTION 6086(a) (9) (A) IMPACT OF GROWTH: The Commission finds that the municipality will be able to accommodate the total growth that will result from this subdivision. This finding depends on and is supported by the following: 30. The City of South Burlington has a duly adopted capital improvement plan. The Applicant estimates that each lot and home will have a minimum assessed value of $150,000 Page 13 Findings of Fact #4C0694 which, at the 1986 tax rate, will yield tax revenue of $3420 per lot or $393,300 for the subdivision which will be sufficient to cover the costs of educational and municipal services generated by this subdivision (Exhibit #4) . SECTION 6086(a) (9) (B) PRIMARY AGRICULTURAL SOILS: 31. This property contains soils in the Covington Silty Clay, Livingston Clay, and Vergennes Clay soil series. Of these the Vergennes clays qualify as primary agricultural soils. The Vergennes soils comprise 48.5 acres of the 100 acre parcel. This application proposes the development of 20.5 acres of the 48.5 acres of primary agricultural soils. The remaining 28 acres of primary agricultural soils will be retained as open land. There is a 7.2 acre area which the original application devoted to the construction of Street "E" and the subdivision of lots #100 to #115. The Applicant has withdrawn this area from the application and will not develop this area unless a transfer of development rights can be arranged in conjunction with the City. The remain- ing 20.8 acres of primary agricultural soils will be a portion of the lands transferred to the City which are to be used for parkland (Exhibits #4, #55, #56 and #61). This proposal will retain 28 acres of primary agricultural soils in a "L" shaped contiguous area. Residential development adjoins the existing residential development to the south and retains primary agricultural soils in an area adjoining an existing agricultural operation. The Commission can find that this subdivision does not signi- ficantly reduce the potential of the primary agricultural soils if the subdivision of lots #100 to #115 (#97 through #113 in the revision of 7-27-87) is specifically not approved and if the agricultural potential of the soils on the 7.2 acre area and on the lands to be transferred to the City is continually maintained by, at a minimum, being mowed at least once a year. The Commission will incorporate these requirements into a permit condition and will require that such language is incorporated into the deed for the lands transferred to the City. The Commission will require that the subdivision of lands to the City be reviewed and approved through an administrative amendment prior to any transfer. The Commission finds that the 20 foot wide sewer easement depicted on (Exhibit #59) portions of the primary agricultural soils which may render these soils unti 1 lable Page 14 Findings of Fact #4C0694 when utilities are installed in this easement, negating the Commission's positive finding. Therefore, the Commission will specifically disallow this easement and will require that the Applicant file revised plans deleting this easement. SECTION 6086(a) (9) (C) FOREST AND SECONDARY AGRICULTURAL SOILS: The Commission finds that the soils on the site do not qualify as forestry soils because the parcel is not of a size capable of supporting or contributing to a commercial forestry operation. The Commission finds that this subdivision will not significantly reduce the potential of the primary agricultural soils on this property. SECTION 6086(a) (9) (D & E) EARTH RESOURCES & EXTRACTION OF EARTH RESOURCES: The Commission finds that this subdivision does not involve the interference with nor the extraction of earth resources because no topsoil, spoil, or other earth resources will be removed from the project site. SECTION 6086(a) (9) (F) ENERGY CONSERVATION: The Commission finds that the planning and design of the subdivision reflects the principals of energy conservation and incorporates the best available technology for the efficient use or recovery of energy. This finding depends on and is supported by the following: 32. The homes will be constructed with an insulation "R" factor of 'at least R-19 in the walls, at least R-38 in the roof or cap, and at least R-10 in the foundation walls. Additionally, the Commission will require that the homes be constructed with double -glazed windows and sited so as to achieve the maximum solar gain possible. Because electric resistance space heating does not constitute the best available space heating technology the Commission will specifically prohibit the installation of such heating systems in homes constructed on these lots. The Commission will require that these measures be incorporated into deed covenants which shall be reviewed and approved prior to the commencement of any construction. Page 15 Findings of Fact #4C0694 SECTION 6086(a) (9) (G) PRIVATE UTILITY SERVICES: The Commission finds that this subdivision does not involve private utilities because the streets and utilities will be owned and maintained by the City (Exhibit #4). The Commission will require that the deed covenants contain language allowing the City to maintain the stormwater swales traversing the rear of the lots. SECTION 6086(a) (9) (H) COSTS OF SCATTERED DEVELOPMENT: The Commission finds that the subdivision is contiguous to an existing settlement. SECTION 6086(a) (9) (J) PUBLIC UTILITY SERVICES: The Commission finds that utility service is available to this project, than an excessive or uneconomic demand will not be placed on such facilities or services, and that the provision of such services has been planned on the basis of a projection of reasonable population increase and economic growth as evidenced by the letters from the New England Telephone Company, Green Mountain Power Company and Vermont Gas (Exhibits #11, #40, #52 and #53). SECTION 6086(a) (9) (R) DEVELOPMENT AFFECTING PUBLIC INVESTMENTS: The Commission finds that this subdivision will not unnecessarily endanger the public investment or materially jeopardize the safety of the adjoining public investment in Vermont Route 116 (see these Findings under criterion 5). SECTION 6086(a) (9) (L) RURAL GROWTH AREAS: The Commission finds that this project is not located in a rural growth area as defined by the statute. SECTION 6086(a) (10) CONFORMANCE WITH THE LOCAL OR REGIONAL PLAN: The Commission finds that this project conforms to the local plan (testimony of J. Lafleur) and that this project will not have regional impacts given its size and location. Page 16 Findings of Fact #4C0694 IV. CONCLUSION OF LAW Based upon the foregoing Findings of Fact, it is the conclusion of this District Environmental Commission that the project described in the application referred to above, if completed and maintained in conformance with all of the terms and conditions of that application, and of Land Use Permit #4C0694 will not cause or result in a detriment to public health, safety or general welfare under the criteria described in 10 V.S.A. SEC.6086 (a) . V. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, Land Use Permit #4C0694 is hereby issued. f, Dated at Essex Junction, Vermont s ��;`ST dax�f August, 1987. �� 1 By: t�i la Gabel, ti g Chairman D str��t #4 do issi4 Co issioners part icip ting in his decision: Katherine M. Vose Helen B. Lawrence Environmental Board Patricia Gabel District #4 Coordinator KMV/PG/aml EXHIBIT LIST FOR APPrTCATION # 4CO694 E D R E X A E N H T C T I E E E B I R I V E T E D D N B 0. Y A = APPLICANT T = TOWN TPC = TOWN PLANNING COMMISSION RPC = Regional Planning Commission AEC = Agency of Environmental Conservation NATURE OF EXHIBIT Date Entered 1 10-3-86 A application form; by LDB, Inc. (10-3-86) 2 it It notice of service; by Fitzpatrick and Llewellyn (10-2-86) 3 itit notice - comm. of const. req. permit;by M. Brown (10-3-86) 4 " " document - project description; by Fitzpatrick and Llewellyn (10-2-86) 5 letter - re: drainage swale alteration; by Craig Heindel, Wagner, Heindel and Noyes, Inc, (9-16-86) 6 " " letter - re: drainage excavation/marsh species; by Catherine Cutting, Industrial & Environ. Analysts, Inc. (9-16-86) 7 " " letter - re: agricultural soils; by A. Jestes, Dept. of Agriculture (1-31-86) 8 " letter - re: wildlife; by T. Myers, Wildlife Biologist, Agency ofEnvironmental Conservation (9-18-86) 9 " memo - re: wetland; by C. Pagel, State Wetlands Coordinator, Agency of Environmental Conservation(9-16-86) 10 " " letter - re: police services; by Ray MaGee, Acting Chief, So. Burl. Police Dept. (8-12-86) 11 " " letter - re: telephone service; by Wilfred Irwin Engineer at N.England Telephone (9-24-86) 12 memo" - re: fire service;by James Goddette, Sr. Chief So. Burl. Fire Dept. (8-6-86) 13 letter - re: soils; by C. Van Winkle, Fitzpatrick and Llewellyn,(9-16-86) 14 " letter - re: s`udents; by C. Van Winkle, " (9-17-86) 15 " " document - "Contract for the Sale of Land"; LDB and City of So. Burl (9-24-86) unsigned 16 document - "Resolution Authorizing the Purchase of land" So. Burlingt^n City Council (unsigned) (9-23-86) 17 " " letter to W. Szymanski, City Manager, So. Burl - from L. Llewellyn re: Mitel Pump Station Study (7-2-86) EXHIBIT LIST FOr APPLICATION # 4CO694 E D R E A= APPLICANT X A E N T= TOWN H T C T TPC = TOWN PLANNING COMMISSION I E E E RPC = Regional Planning Commission B I R AEC = Agency of Environmental Conservation I V E T E D D N B 0. Y NATURE OF EXHIBIT 18 19 20 21 22 23- 27 28 29 30 10-3-86 A 31 1 " 1 " 32 33 34 35 1 • i• A Date Entered plan - "Overall Site Plan"; by Fitzpatrick and Llewellyn, Inc. (1 of 16) (9-86) plan - "Site and Utilities Plan"; by " (2 of 16) (7-86) plan - "Site and Utilities Plan"; by " (3 of 16) (7-86) plan - "Site and Utilities Plan"; by " (4 of 16) (7-86) plan - "Site and Utilities Plan"; by " (5 of 16) (9-86) plan - "Roadway and Utilities Profile - Streets A - E) (6 of 16 through 10 of 16) (7-86 to 9-86) plan - "Sanitary Sewer - Plan & Profile"; by Fitzpatrick and Llewellyn, (11 of 16) (7-86) plan - "Miscellaneous Details" by Fitz. and Llewellyn, (12 of 16) (7-86) plan - "Typical Details - Site Facilities"; by Fitz. and Llewellyn, (1' of 16)(7-86) plan - "Typical Details - Site Facilities"; by Fitz. and Llewellyn, (14 of 16) (7-86) plan - "Typical Details - Erosion Control and Site Facilities"; by Fitz. and Llewellyn, (15 of 16) (7-86) plan - "Pump Station & Details"; by Fitz. and Llewellyn, (16 of 16) (7-86) plan - "Landscape Plan"; by Fitzpatrick and Llewellyn (1 of 1) (9-86) document - minutes of South Burlington planning meeting re: sewer allocation (9-23-86) EXHIBIT LIST FOR AP"LICATION # 4C0694 E D R E A= APPLICANT •� X A E N T= TOWN H T C T TPC = TOWN PLANNING COMMISSION I E E E RPC = Regional Planning Commission B I R AEC = Agency of Environmental Conservation I V E T E D D N B 0. Y NATURE OF EXHIBIT Date Entered 36 10-16-86 A letter - re: Traffic Impact Evaluation; by R. Dickinson, FitzPatrick-Llewellyn (10-14-86) 37 10-31-86 Stat letter - re: Traffic; by F. Aldrich, Vt. Agency of Transportation (10-29-86) 38 itA letter - re: additional information; by C. VanWinkle, FitzPatrick-Llewellyn (10-28-86) 39 if it letter - re: water service; by S. Messian, South Burlington Water Dept. (10-24-86) 40 it itletter - re: electric service; by E. Shlatz, Green Mountain Power (10-23-86) 41 it if document - "Application for Permit to Discharge Wastes"; by M. Brown (undated) (001-007) 42 itit letter - re: sewer system; by W. Szymanski, South Burlington, City Manager (10-17-86) 43 it itdiagram - of future City park 44 ititdiagram - project location on SCS map 45 11-10-86 AEC Entry of Appearance & Pre -Hearing Comments; by G. Gebaur, Land Use Attorney (11-4-86) 46 it A diagram - with Preferred Park Boundaries; by T. Boyle Associates (7-86) 47 11-26-86 Stat letter - re: traffic; Wayne Martin, Agency of Transportation (11-21-86) 48 itA letter - re: sewer relocation; by J. LaFleur, South Burlington, City Planner (11-26-86) 49 12-5-86 AEC letter - re: Protection Division review; by E. Christianson, Division of Protection (12-5-86) 50 12-11-86 A letter - re: filling wetland; by R. Francisco, Operations Division, Department of the Army (11-10-86) EXHIBIT LIST E D R X A E H T C I E E B I I V T E D N O. FOR AP-LICATION # 4C0694 E A = APPLICANT •� N T = TOWN T TPC = TOWN PLANNING COMMISSION E RPC = Regional Planning Commission R AEC = Agency of Environmental Conservation E D B Y NATURE OF EXHIBIT Date Entered 51 12-11-86 A letter - re: schools; by F. Tuttle, South Burlington School District Superintendent (11-13-86) 52 " letter - re: gas service; by P. Goddette, Vermont Gas (11-12-86) 53 " " letter - re: electric service; by B. Benson, Green Mountain Power Corp (11-4-86) 54 " letter - re: if " ; by E. Shlatz, it it it (10-23-86) 55 12-17-86 " letter - re: agricultural soils; by L. Llewellyn, FitzPatrick-Llewellyn (12-16-86) 56 " letter - re: itit it it (12-15-86) 57 " plan - "Overall Site Plan, Index ."; by FitzPatrick-Llewellyn (1 of 16) (9-86 revised 12-17-86) 58 " " plan - "Site & Utilities Plan"; by (2 of 16) (7-86 revised 12-17-86) 59 " " plan - "Site & Utilities Plan"; by (5 of 16) (9-86 revised 12-17-86) 60 plan - "Roadway & Utilities Profile, Sheet E"; by " (10 of 16) (9-86 revised 12-17-86) 61 " " plan - "Soils/Project Overlay"; by (1 of 1) 62 " plan - "Lighting Plan"; by " (1 of 16) (9-86 revised 12-19-86) 63 " plan - "Soils Delination"; by (1 of 1) (11-86) 64 " plan - "Soils/Project Overlay"; by (1 of 1) (11-86) EXHIBIT LIST FOR APPLICATION #4C0694 E X H I B I T N 0. 65 66 67 68 69 70 71 72 73 74 75 76 77 D R E A = APPLICANT A E N T = TOWN T C T TPC = TOWN PLANNING COMMISSION E E E RPC = Regional Planning Commission I R AEC = Agency of Environmental Conservation V E E D D B Y NATURE OF EXHIBIT Date Entered 12-17-86 12-22-86 12-30-86 12-30-86 1-13-87 1-28-87 2-3-87 2-17-87 2-17-87 4-22-87 A plan - "Landscape Plan" by Fitzpatrick -Llewellyn (1 of 1) (9-86) AEC permit - "Subdivision Permit" by E. Christianson, Regional Engineer (12-22-86) St. memo - re: agricultural soils; by A. Jestes, Vermont Dept. of Agriculture (12-22-86) A letter - re: traffic; by R. Dickinson, Fitzpatrick - Llewellyn (10-21-86) A letter - re: additional information; by C. VanWinkle Fitzpatrick & Llewellyn (1-10-87) to letter - re: erosion control; by J. Roeder, Fitz- patrick & Llewellyn (1-26-87) AEC permit - Draft Discharge Permit, with letter by B. Kooiker, Permits and Compliance, AEC (2-2-87) A letter - re: sign, additional information by C. VanWinkle, Fitzpatrick -Llewellyn (2-13-87) A plan - "Landscape Plan"; by Fitzpatrick & Llewellyn (1 of 1)( 9-86 revised 2-13-87) AEC permit - Discharge Permit by B. Kooiker, Permits and Compliance, AEC (3-27-87) A letter - re: additional information on phasing, open areas and parkland, ownership, lighting by C. Van - Winkle, Fitzpatrick -Llewellyn (3-9-87) it letter - re: type of lights proposed, w/cut sheets attached; by C. VanWinkle, Fitzpatrick -Llewellyn (3-13-87) it letter - re: additional information concerning open lareas, parks, buffer strips, by Lance Llewellyn, Fitzpatrick & Llewellyn (3-20-87) EXHIBIT LIST FOR APPLICATION #4C0694 E D R E A= APPLICANT X A E N T= TOWN H T C T TPC = TOWN PLANNING COMMISSION I E E E RPC = Regional Planning Commission B I R AEC = Agency of Environmental Conservation I V E T E D D N B 0, y NATURE OF EXHIBIT Date Entered 78 A letter - re: proposed fences for new landscape plan 79 14-22-87 of it 1 plan - "Erosion Control Details" by Fitzpatrick & 80 " " 81 ►► ►► 82 83 84 85 86 87 88 89 90 91 I 1 I 14-24-87 4-24-87 7-9-87 Llewellyn (16 of 20) (1-87) plan - "Erosion Control Plan" by same (17 of 20) (revised 1-16-87) plan - "Erosion Control Plan" by same, (18 of 20) (revised 1-16-87) plan - "Erosion Control Plan" by same, (19 of 20) (revised 1-16-87) plan - "Erosion Control Plan" by same, (20 of 20) (revised 1-18-87) plan - "Landscape Plan" by same, (1 of 1) (revised 3-17-87) plan - "Buffer Zone Design, Typical 300' strip" (300' = length, not width); (1 of 2); 3-87, by same plan - "buffer Zone Cross -Sections", (2 of 2), by same, (3-87) rendering: "Buffer Zone Design, Typical 300' strip", by same, (3-87) (1 of 2) rendering: "Buffer Zone Cross Sections"; by same, (3-87) (2 of 2) plan - "Revised Lot Layout Showing Enlarged Buffer Zone"; by same (4-87) plan - untitled, same intent as #89; by same (4-87) plan - "Revised Landscape Plan", by same, Sheet 1 of 2, (revised 7-7-87) EXHIBIT LIST FOR APPLICATION #4C0694 E D R E A= APPLICANT X A E N T= TOWN H T C T TPC = TOWN PLANNING COMMISSION I E E E RPC = Regional Planning Commission B I R AEC = Agency of Environmental Conservation I V E T E D D N 0. 92 7-9-87 93 8-20-87 95 " 96 " 97 " 98 " 99 " 100 " 101 " 102 " 103 " 104 " 105 " 106 " 107 " 108 " 109 " 110 " B y NATURE OF EXHIBIT Date Entered A plan - "Buffer Zone Design, Typical", by same, Sheet 2 of 2, revised 7-7-87 A letter - re: final plans and misc. info. by C. Van Winkle, Fitzpatrick & Llewellyn (8-19-87) " plan - "Overall ,Site Plan", sheet 1 of 23, by same, last revision (7-27-87) " Iplan - "Site & Utilities" by same, sheet 2 of 23 (") " plan — If same as above If by same, sheet 3 of 23 If " plan - "same as above" by same, sheet 4 of 23 Is " plan - "same as above" by same, sheet 5 of 23 " " plan - "Roadway & Utilities, Road A, Sheet 6, " " plan - "same as above , Road B, Sheet 7" " " plan - "same as above, Road C, Sheet 8" " " plan - "same as above, Road D, Sheet 9" " " plan - "same as above, Road E, Sheet 10" " " plan - "Miscellaneous Profiles, Sheet 11" " " plan - "Miscellaneous Details, Sheet 12" " " plan - "Typical Details, Site Facilities,Sheet 13" If " plan - "Typical Details, " , Sheet 14" If " plan - "Pump Station and Details" , Sheet 15 of " plan - "Erosion Control Plan", Sheet 16 of If plan - "Erosion Control Details", Sheet 16 to EXHIBIT LIST FOR APPLICATION #4C0694 E X H I B I T N 0. D R E A = APPLICANT A E N T = TOWN T C T TPC = TOWN PLANNING COMMISSION E E E RPC = Regional Planning Commission I R AEC = Agency of Environmental Conservation V E E D D B Y NATURE OF EXHIBIT Date Entered Vt. Structural Steel Corp. EC-4-1060 Subdivision Permit Page 2 WATER SUPPLY (9) The water main extension is approved provided the water main extension is constructed in strict accordance with the Department of Health's "Letter of Approval" to [Mery Brown dated December 16, 1986. SEWAGE DISPOSAL (10) A professional engineer, registered in the State of Vermont, is to generally supervise the construction of the sanitary sewer line extensions and, upon completion of construction, the supervising engineer is to submit to the Protection Division a written certification stating all construction has been completed in accordance with the stamped approved plans. The engineer's certification is to be submitted to the Division prior to the occupancy of any unit and the certification shall include, but not be limited to, the numerical results of all leakage testing performed on each section of the sanitary sewer extension and all manholes, pump stations and force main as described in Appendix A, of the Environmental Protection Rules. Dated in the Village of Essex Junction, Vermont this 22nd day of December, 1986. FOR THE DIVISION OF PROTECTION Ernest P. Christianson Regional Engineer cc: Donald Robisky Town Planning Commission Katherine Vole- FitzPat'rick-Llewellyn �? State S "''division of Vermont Permit LAWS/REGULATIONS INVOLVED CASE NO. EC-4-1060 Chapter 3, Subdivisions APPLICANT Vt. Structural Steel Corp. Appendix A, Design Guidelines ADDRESS 207 Flynn Avenue Burlington, VT 05401 This project, consisting of subdividing 100 +/- acres into 115 residential lots, numbered 1-115 and a 2.8 acre lot to be dedicated to the City of South Burlington located off Vt. Route 116 in the City of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. GENERAL (1) This Permit does not constitute Act 250 approval under Case Number 4C0694. (2) The subdivision must be completed as shown on the plans Project Number 86030, Sheet 1 of 6 dated Sept. 1986, Sheet 2 of 16 dated July 1986; revised 10-10-86, Sheet 3 of 16 dated July 1986, revised 10-9-86; Sheet 4 of 16 dated July 1986, last revised 10-21-86; Sheet 5 of 16 dated Sept. 1986, last revised 10-21-86; Sheet 6 of 16 dated July 1986; Sheet 7 of 16 dated July 1986; Sheet 8 of 16 dated July 1986; Sheet 9 of 16 dated July 1986; Sheet 10 of 16 dated Sept. 1986; Sheet 11 of 16 dated July 1986; Sheet 12 of 16 dated July 1986; Sheet 13 of 16 dated Sept. 1986 and Sheet 16 of 16 dated July 1986 prepared by Fitzpatrick -Llewellyn Inc. and which have been stamped APPROVED by the Division of Protection. No changes shall be made to the approved plan without prior written approval from the Agency of Environmental Conservation. (3) A copy of the approved plans and the Permit shall remain on the project during all phases of construction and, upon request, shall be made available for inspection by State or local personnel. (4) Each prospective purchaser of any lot of the subdivision shall be shown a copy of the approved plot plan, the engineer's site report, and the Permit prior to conveyance. (5) This project has been reviewed and is approved for the construction of one single family residence on each of the approved lots No. 1 through 115. Construction of other type dwellings, including public buildings, duplexes, and condominium units, is not allowed without prior review and approval by the Agency, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. (6) By acceptance of this permit, the permittee agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental and health statutes and regulations and with the permit. (7) The 2.8 acre lot is not approved for the construction of any dwelling requiring the installation of interior plumbing or requiring the disposal of sewage without first receiving written permission from the Agency of Environmental Conservation. (8) Permission is granted for the construction of the sewer and water main extensions in accordance with conditions numbered 9 and 10 of this permit. No lot shall be conveyed, nor shall any homes be constructed without prior written approval by the Protection Division and approval will not be granted until the Protection Division receives written confirmation from both the City of South Burlington and the Agency of Environmental Conservation stating the Airport Parkway sewage treatment facility has the reserve capacity for the specific lot to be conveyed or constructed upon. CIT1 OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 February 23, 1999 Jeff Myers Myers Construction 2 East Street Winooski, Vermont 05404 Re: Sewer Allocation, 20 Fox Run Lane Dear Jeff: Please be advised that the City of South Burlington approves 150 gpd of additional sewer allocation for an additional bedroom at 20 Fox Run Lane. This property is served by the Airport Parkway Wastewater Treatment Facility which has sufficient capacity to handle this additional demand. If you have any questions, please give me a call. Sincef�ly, / ayt(o— d J. Belair, Zoning & Planning Assistant RJB/mcp City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 April 7, 1994 Mr. Mery Brown Valiant Construction Company 1350 Shelburne Road South Burlington, Vermont 05403 Re: Sewer allocation for Oak Creek Development Dear Merv: ZONING ADMINISTRATOR 658-7958 This letter will confirm our conversion regarding the sewer allocation for your residential development known as Oak Creek Village off Hinesburg Road. Your original approval for Oak Creek was based on a density of one hundred and fifteen (115) units. Your sewer allocation was based on 115 three bedroom units for a total of 51,750 gpd. According to my records to date, you have used a sewer allocation of 43,650 gpd. The sewer impact has been calculated on the number of bedrooms constructed to date. We show a total of 291 bedrooms. I understand that your 1986 Planning Commission approval and the State Act 250 permit projected a total sewer allocation based on the construction of three bedroom units. In reality, only twenty six (26) three bedroom units were constructed with the balance of the units constructed being four and five bedroom units, herein lies the problem. I have discussed this matter with the City Planner, Joe Weith and we are of the opinion that you should be required to request an increase in sewer allocation from the Planning Commission. You presently would need an additional 7500 gallons of sewer which would permit you to construct 26 four bedroom units. Mr. Mery Brown April 7, 1994 Page 2 Please contact Joe or myself to advise us of your decision regarding this matter. Thanks for your cooperation. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp cc: Joe Weith, City Planner City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 May 2, 1994 Mr. Mery Brown Oak Creek Investments 1350 Shelburne Road, Suite 200 South Burlington, Vermont 05403 Re: Oak Creek Village, Sewer Allocation Dear Mr. Brown: ZONING ADMINISTRATOR 658-7958 The City approves your request for an additional 7,500 gpd of sewer allocation for the above referenced project. The project is served by the City's Airport Parkway treatment facility which has adequate capacity to handle this additional demand. Please note that you are required to pay the sewer allocation fee of $2.50 per gallon for the additional allocation. Please submit the fee payment to Zoning Administrator, Richard Ward. You should also contact the Vermont Agency of Natural Resources to amend your discharge permit. 7n rel �1 Z J e Weith, City Planner JW/mcp cc: Richard Ward OAK CREEK INVESTMENTS 1350 Shelburne Rd., suite 200 South Burlington, VT 05403 April 22, 1994 City of South Burlington, 575 Dorset St., South Burlington, VT 05403 re: Oak Creek Village, Request for Additional Sewer allocation Plle. 071J6 att: Joe Weith Dear Mr. Weith, We are in receipt of a letter from Dick Ward, Zoning Administrator, dated April 7, 1994. Mr. Ward has indicated that Oak Creek Investments should be required to request an increase in sewer allocation from the City of 7,500 gallons. As reported in Mr. Wards letter, the city approvals were for 115 units at 3 bedrooms per unit totaling 345 bedrooms. To date 87 units have been constructed with a total of 291 bedrooms. With 26 units left to be constructed, the bedroom count would exceed the allocated capacity. Therefore based on Mr. Wards recommendation, we hereby request an additional 7,500 gallons of sewer capacity to be held in reserve for Oak Creek Village. We understand that once this allocation is received, the project can achieve full build -out at 115 units. Should you have any questions regarding our request, please contract me at your convenience. Very truly yours, Oak Creek In estments by: Mervin Brown cc: Dick Ward PLANNING COMMISSION 28 JULY 1987 PAGE 8 but this would require a number of setback waivers. It would be as close as 5 feet in some locations. After a brief dis- cussion, members agreed that a 50-foot right-of-way would be adequate. Mrs. Hurd said she would like to see the plan for that. The applicant agreed with the gravel walkway to the Park, but wants to prevent use by motorcycles and minibikes. Mr. Jacob said there can be a stipulation that the walk be fore pedes- trians only. Scott Tower presented the landscaping plan. .There will be groupings of fruit trees toward Patchen Rd, with shade trees toward the center of the development. Mrs. Brill said she would like a visual screen between her home and the back of the condos. It was noted this is addressed in the plan. Members felt that Mr. Audette should check on the issue of snow plowing. Mrs. Hurd moved that the public hearing on the final plat application of William Shearer be continued until 11 August. Mrs. Maher seconded. Motion passed unanimously. 7. PUBLIC HEARING: Revised final plat application of LDB, Inc, (Oak Creek Village) for a 112 single family subdivision with 21 acres of open space on 71.8 acres and a 28 acre parcel of industrial land for the future park at 1175 Hinesburg Road Mr. Llewellyn briefly reviewed the plan the Commission had approved. He noted that at Act 250, the 100 foot setback had not been acceptable, and a 200 foot buffer had been required. It will be heavily bermed with denser trees. They were reduced to 113 lot. The cul de sac is now a full loo.p around. Mrs. Hurd asked if a sidewalk can be requested. Ms. Perkins noted the applicant is already required to make a cash contribution for the Hinesburg Rd. sidewalk. Mr. Farrar asked whether the revised plan now has to go back to the City Council. Ms. Perkins said the City Manager has already scheduled it .for 24 August. The Commission also agreed to a change in the street names. Mrs. Hurd moved that the Planning Commission approved the re- vised Final lat applicationof LDB, Inc, (Mery Brown) for the subdivisionof 100 + acre parcel into 28.1 acre parcel of land zoned industrial -agricultural, 113 single family lots, and 21 + acred of open space to be dedicated to the City as de- picted on a 20 page set of plans, page one entitled "LDB De- velopment, overall site plan, index of sheets" prepared Fitzpatrick -Llewellyn Incorporated dated September, 1986, PLANNING COMMISSION 28 JULY 1987 PAGE 9 last revised July 8, 1987 with the following stipulations: 1. All stipulations from the previous Final Plat approval shall remain in effect. 2. No house construction shall begin prior to availability of sewer capacity. 3. The applicant must sign an agreement with the City to sell 28 acres to the City for a future park land prior to permit. 4. All street names shall be approved by thgCity Planner prior to permit. 5. It is the applicant's responsibility to record the Revised Final Plat within 90 days or this approval is null and void. It shall be approved by the City Planner and signed 1?y the Chairman or Clerk of the Commission prior to recording. Mr. Belter seconded. Motion passed 3-0 with Mr. Jacob and Ms. Pugh abstaining. 8. Other Business a. Review park boundary in City agreement with A & G Invest- ments, 900 Dorset Street Ms. Perkins said that according to Mr. Milot, the boundary for developable land was agreed upon by a committee composed of himself, Mrs. Lafleur, and the City Manager. Mr. Llewellyn said that they will try to save as many of the pine trees in the stand indicated by Mr. Owens. Mrs. Hurd said a major problem is the shape of the Swift St. Extension. Mr. Farrar said he thought the City Council in their negotiations with Mr. Milot had agreed upon a specific piece of land to be developed. It was agreed the matter would be discussed further with the City Council and Planning Commission. As there was no further business to come before the Commission, the meeting adjourned at 11:00 pm. Clerk PLANNING COMMISSION a8 OCTOBER 1986 page 4 12. The Planning Commission authorizes the creation of a temporar road tco the north of the proposed office building for use prior to e existence of Holmes Road Extension to reach the parking spaces in the rear of the building. The location shall e s won on the plan and approved by the City Planner prior to permit. 13. The building permit shall be obtained within 6 months or this approvai is nuli and void. Ms. Peacock seconded the motion which passed unanimously. 5. Consider sketch plan a lication of pBI Industries for a 2- of su division of the 4.2b acre parcel at 80 Alien Road Mr. Cannizzaro indicated the property is east of Burlington Dru Co, about 600-700 feet from Shelburne Rd. It is a manufacturing office building for the production of industrial machinery. DBI feels they own more land than they need and want to sell off the adjacent land. Mrs. Lafleur noted that neither lot is on the sewer stem, and if the buyer of the new lot wants to be on the sewer, they would have to extend it. There are 2 graveled entrances to the lot; these are not curbed. Mr. Dooley was concerned about the sewer and felt subdivision should require extionsion of the sewer. Mr. Burgess said that requiring sewer extension to the vacant lot forces existing buildings to hook up. Mrs. Lafleur said it was her understanding that the Commission can require any development to connect to the sewer if there is capacity available. Mr. Burgess said he wasn't sure this was the case. Mrs. Lafleur will check on this. Mr. Burgess said he felt that if this was the only chance the Commission will get to extend the sewer, they should not let it get by. 6. PUBLIC HEARING: Final Plan application LDB,, Nc, for a 115 lootsubdivision with ' acres o open space ori'Y1.8 residential acres and 28 acres of industrial lan or the future park facility at 1175 Hinesburg Road There have been no changes since the last plan other than the adding of utilities for the relocated cul de sac. TF,e developer has agreed to go alon4 with all the City Engineer's recommendations on engineering issues. They have also agreed to sod and seed areas as recommended by Wagner, Heidel & Noyse and Peter Owent. Mrs. Hurd noted that Mrs. Rye, an adjoining property owner, wants an American wire fence installed to keep people off their hayfield. Roger Dickinson presented the traffic study. He ncd�d that for purposes of the study they assumed all traffic would use the main Hinesburg Rd. exit. They estimate 1150 vehicles per day at this location with 115 at the peak hour. 80-90% of this traffic will access to and from therorth. The level of service at this location :will remain at "A". Left turns exiting will, however, experience up to 30-second delays (level of service "D"). A right turn de- celeration land is warranted;it is shown on the plan. PLANNING COMMISSION 38 OC TOBER 1986 page 5 Their analysis of Hinesburg Rd/Kennedy Drive intersection revealed the following: AM volumes for 1985 are unacceptable. The Hinesburg Rd. approach is at level of service "F". PM volumes are acceptable at level of service "C" or better. The 1987 projection shows a deterioration in the AM with the PM now below level of service "C". By 1992, both will be unacceptable. The following recommentations for improvements were made: In 1987, both AM and PM traffic could be alleviated by an exclusive left turn lane on Hinesburg Rd, resulting in 3 northbound lanes. The controller should also be retimed. In 1992, the existing controller would have to be replaced as different cycles for AM and PM peak traffic hours would be required and the present controller doesn't have this capacity. They also recommend right turn lanes on both sides of Kennedy Drive. Mrs. Lafleur reported that Craig Leiner agrees with the analysis and found the recommendations sound. He was most concerned with a formula to get improvements at this intersection. Mrs. Lafleur noted that the Commission has been assessing developments for intersection improvements and now has $12,500 coming in. Mr. Szymanski estimated the cost of recommended improvements to be about $46,000. The difference would have to be collected. Since LDB has 115 peak hour trip ends, the majority of which are north- bound, they would be assessed 20% of the remaining cost, or $6,693. Members discussed the time -frame for the work and recommendations will be sent to the City Council. Regarding landscaping, red oak and maple will be used for street trees and there will be 2 trees per lot. Mrs. Lafleur was very pleased with the large street trees. It was recommended that a sidewalk fee be collected as. s being done elsewhere on Hinesburg Rd. Mr. Doolev moved that the Plannin plat of LDB, INC, (Mery Brown) for acre parcel into a 28. acre parce agricultural, sinale-familZ lo space to be e icate to the City p ans entitled 'LDB Development. V Fitz c-tiller M n Commission approve the final the subdivision of a lUU+ 1 o?-land zone�d indusf-r-lal- s and 21.4 acres o open as depicted on a —age se of outh'Burilng on,Vermont" pre- c, d7ted Septdateem er, 1986, s am owing stipulations: rmit in an amount nhased in ac- 2. Bonds for streets, sewer, and water shall be posterior to permit in an amount determined-iiy the Cityn -ineer. "As built" construction drawings shall e submitted prior -to the release o any bonds. PLANNING COMMISSION 28 OCTOBER 1986 page 6 3. All le al documents, including offers of dedications and deeds Tor —streets and open space, bills of sale for any u i i ies, p - es rian easements? drainage easements, etc., s a e prepare or review by the City Attorney within 50 days. 4. The applicant shall contribute 20% of the cost of the inter - sec ion improvements at Hinesburg RoaU and Kennedy Drive based on 5. sewer fee of $2.50 r'cl I -A way 11-Gd WHU lIt, r lL l A A � . ect. lon shall be paid prior to permit. 6. The streets and curbs in each phase shall be installed prior to the issuance of a building permit. 7. In accordance with Section 412.2 of the subdivision regulations, no topsoil, sand -or gravei shaii be removed rrom the subdivision For any pru ose other -Than o meet e cons ruc ion needs ol this su ivision or to meet any requirements of the regulations. 8. The drainage area shall be sodded and seeded with grass and wila iiowers. 9. The street names shall be approved by the Planner and shown on e final plat. 10. Final approval from the School Board shall be obtained prior to permit. 11. The plan shall show a 4-foot high American wire fence along TTTe—north boundary between the development and the Rye property. 12. Street corner of corner lots shall have a radius corner con- centric with the curb radius. 13. Utility easement shall be centered over pipes. 14. Water mains shall be at least 5 feet from any lot line or easement given. 15. Under round ower shall be placed back of the sidewalk (lot si e) with e ep one and TV. The gas main shali be in the grass strip between curb and siaewa 16. All utility and street li htin lans shall be submitted to e City or approval rior to ins a a ion or prior o permit, w is ever is later. PLANNING COMMISSION 28 OCTOBER 1986 page 7 17. Water Department -shall review and approve water system plans prior to permit. 18. Roadsshall have an 18 inch gravel base in all cases. 19. The maximum number of adjusting bricks shall be two courses in any manhole or catch asin. 20. A cash contribution for a sidewalk alona Hinesburg Road shall be made prior to permit. The amount shall be determined by the City Planner as sufficient to construct the siTe-waik along e east side o the property along Hinesburg Roa 21. It is the applicant's responsibility to record the final plat within 90 days or this approval is null and void. It snail be approved the Planner and signed by the Chairman or C er o e Commission prior to recoriling. 22. The first buildin permit must be obtained within 3 years or this approva is null and void. Mrs. Maher seconded, and the motion passed unanimously. Dan Pillsbury, who has been farming property across the road stated that the City got the permit to expand the Airport Parkway Sewage Plant and also got federal funding by saying they would spread the sludge on city farmland. This farmland is now being developed so that it will not be available to receive the sludge. Consider site plan application of the South Burlin ton Water Department for construction of a 3600 s . a i ion to City Hall, 575 Dorset St. Mrs. Peacock, who is Chairman of the Water Commission, stepped down during this discussion. Roby Stoner explained that the plan is to add on to the City Hall building at the rear. The addition will be 2 stories totaling 3600 sq. ft. (1800 on each floor). There will be offices upstairs and a garage downstaiips. The access drive will be removed or replaced. Mrs. Lafleur explained that the plan as presented shows what will happen after Droset St. is widened; however, improvements in front of City Hall will be the responsibility of the City. The plan will be revised. The fire chief also has a question on the access drive, and the new plan will address his concerns. Mr. Stoner stressed that the access drive is only for Water Dept. vehicles. The public will enter from the front, through City Hall. There is already enough parking on site to meet the Water Dept's needs. Mrs. Peacock added that they don't plan any changes to the parking lot; the Dorset St. project will trigger the need to adjust parking. G PLANNING COMMISSION 16 SEPTEMBER 1986 PAGE 2 paved drive leading to Semicon. He would like it shown as a 30 foot drive with a 15 foot electrical easement and would like the 50 feet to include placement for snow only, not for general road purposes. No other issues were raised. 4. Continue Public Hearing: Joint meeting with the City Council for the preliminary plat application of LDB, Inc, (Mery Brown) for the 119 lot subdivision, a lot for future development, 14 acres of open space and a 28 acre industrial lot on the Vermont Structural Steel property, 1175 Hinesburg Road Mr. Jacob stepped down from the Planning Commission during the following discussion, and the hearing was chaired by Paul Farrar of the City Council. Mr. Llewellyn stated that the proposal involves only the southern 72 acres in the residential zone. The 120th lot will be developed later into 16 lots. He indicated the 3 areas of open sapce and the accesses from Hinesburg Rd. and 2 connections from Butler Farms. They have also been asked to leave a right of way to the Economou property. There will be public water and sewer, and all utilities will be underground. Mrs. Maher asked how long the land left reserved for agriculture must remain for that purpose. Mrs. Lafleur said past agreements have been for 25 years. Mrs. Lafleur explained that the maximum density is 2 units per acre which would result in 144 units. The range allowed by the ordinance is 115 to 144 units. Craig Heindel then presented his findings on the drainage question. There is a swale beginning at the Butler Farm project and flowing north . It carries much water in snow melt time. There is a very low gradience, and in some places there is not a discrete channel. Soils are wet all the time, and there is marsh -type vegetation. About 3/4 of the way north, the gradient gets very steep quite suddenly. The developer is proposing making a uniform gradient mainly so he can engineer catch basins for storm water drainage. He felt that if this is done, marsh vegetation will not revegetate, and some sort of seeding will have to be done, possibly a "conservation mix." This could be augmented by wildflower seeds. Mr. Murray asked about the possibility of long term erosion. Mr. Heindel said he couldn't tell yet but guessed there wouldn't be a great deal of erosion caused by the design as there is still a very low gradient and there aren't enormous paved areas. Mr. Farrar asked what will be the change in the peak flow of the stream. Mr. Heindel said he thought it would increase a bit and the time of PLANNING COMMISSION 16 SEPTEMBER 1986 PAGE 3 concentration would decrease a bit. It would take a lengthy analysis to make this determination exactly. Mr. Szymanski said he would recommend sodding the ditch. Mrs. Hurd asked if the Commission had ever accepted a piece of land that might have a potential liability (such as people falling into the drainage ditch). Mr. Heindel said there would be a very gentle slope and would be less dangerous than at present. Mr. Farrar asked if doubling the peak flow could cause erosion downstream. Mr. Heindel said it could. Mr. Farrar said if he could be satisfied that doubling the peak discharge wouldn't cause significant downstream problems, he would be content. Mr. Owens asked what could be done so the peak discharge doesn't go up significantly. Mr. Heindel said there could be catch basins and retention ponds on the property. Mr. Farrar asked if it is possible to calculate what the change would be if peak velocity increases. Mr. Heindel said they are doing this for the Planning Commission in the Bartlett Brook area, and it can be done for this location. Mr. Owens asked would the runoff increase the turbidity of a lake below. Mr. Heindel said he didn't think there would be a major impact as there are sumped catch basins. He acknowledged that on -site catch basins would help. Mr. Crowley noted that the Natural Resources Committee has many of the same concerns, not only for this project but for others in the area. He said it is the cumulative effect that really counts and felt the entire area should be considered and how each little project will add to the problem. He said they are also concerned about water quality. The existing low flow conditions improve water quality as a lot of silt settles out. If flow increases, this silt will get into the stream. Mr. Mona added that salt and oil from the road will also get into the park lake. Mr. Heindel felt that grasses in the swales could minimize this. He said he felt that there is a small chance for a problem with this project. He thought they might approve this concept for this project then establish the same kind of review system as in the Bartlett Brook area. Mr. Murray asked why not do it now. Mr. Heindel said if the developer got far along in the process, they might have to redesign the system as it would take a long time to do the study. Mrs. Maher asked if there is reason for concern with houses so close to the drainage area. Mr. Heindel said since it's heavy clay soil, he would rather have a house near a drainage swaleso you can pipe water out to it. Mrs. Lafleur then raised the question of the development boundary and the park boundary. Mr. Owens felt the cul de PLANNING COMMISSION 16 SEPTEMBER 1986 PAGE 4 sac was an intrusion into the park. Mrs. Maher noted that part of the acreage being accepted as open space is drainageway, and she felt it should be usable open space. Mrs. Hurd and Mr. Murray agreed. Mr. Farrar questioned the future development of lot #120 and noted there would not be 50 acres left in that lot. He said there should be a development plan for that lot at this time. The developer then presented a plan for that development and requested a brief recess. Following the recess, Mrs. Lafleur said the Commission and Council should give the applicant guidelines such as which boundary they prefer, the status of the additional 16 units, open space issues, etc. Mrs. Maher said she would look favorably upon the 16 extra lots if there were a deal with the city whereby the city got parkland. Mr. Dooley said he would like to get the cul de sac included in the parkland so he was not presently predisposed to give more than the minimum number of units. Mr. Belter agreed with Mrs. Maher and would trade off the extra units for parkland. He had no strong feelings about the cul de sac. Ms. Peacock wanted the cul de sac for the park. Mrs. Hurd agreed. Mr. Murray asked to abstain as he was in the process of negotiating with the applicant for the city's acquisition of parkland. Mr. Mona had no problem with the additional units as long as the city could get an agreement for parkland. Mr. Flaherty agreed with Mrs. Maher if an arrangement for parkland can be made and agreed with Mr. Dooley if such an agreement can't be reached. Mrs. Lambert had no problem with the cul de sac but felt the square parcel was more suitable for recreation. Mr. Dooley said he didn't think the Commission could get into the land purchase question, as it was not their role to say yes or no to a trade of land. Mr. Dooley then moved that the matter be continued with the hope that the developer will present a plan more in line with the views expressed. Mrs. Maher seconded, and the motion passed unanimously. Mr. Flaherty made an identical motion for the City Council. Mr. Mona seconded, and the motion passed the Council unanimously. 5. Sketch plan application of Dewey & Irene Irish for the subdivision of a 1.15 acre residential parcel south of the water tower) from the 68.43 acrea farm at 200 Allen Rd. Mr. Irish said Mr. Larkin will allow him to hook onto the PLANNING COMMISSION 12 AUGUST 1986 PAGE 6 the total cost. 12. The applicant shall provide a sidewalk of 240 ft. length approved j?y the City Engineer on the east side of Kennedy Drive between Kimball Avenue and Hinesburg Rd. 13. The building permit shall be obtained within 6 months. Mr. Burgess seconded, and the motion passed unanimously. 4. Consider sketch plan application of Semicon, Inc., for subdivision of 111.2 acre property into two lots of 31.2 acres with existing building and an 80 acre lot at 1000 Hinesburg Rd. Mrs. Lafleur noted that previous approvals outlined a roadway for the extension of Swift St. The area is encumbered by the CO District, airport approach area, and sewer easements. There are sewer lines in the developed parcel. Semicon wishes to subdivide into 2 lots so that the 80-acre area will encircle the developed area. They will have a 30-foot access road. There is no current proposal for the 80 acres. Mrs. Hurd commented that when Mitel wanted to build, they were required to leave land for agricultural uses. Mr. Perry noted there was a 5-year agricultural lease which expired this year. Mr. Dooley asked what the coverage would be on the 31.2 acres after the 80 acres are taken out. Mrs. Lafleur didn't know, but Mr. Perry said they are well below requirements. Mrs. Maher asked where it is most logical a building would be put in the new lot. Mrs. Lafleur said both saides are developable. Access would have to be secured by legal right-of-way. Mr. Schuele said he remembered the Planning Commission and City Council also set aside an area for agriculture, and Mrs. Lafleur will check on this. Mr. Krassner recollected Mitel indicating they might expand their building; they did not say they would sell off the land. Mrs. Lafleur said they did at one time get a 6,000 sq. ft. extention. City Council and Planning Commission minutes will be checked on the agricultural land/open space issue, and discussion will continue on September 16. 5. PUBLIC HEARING: Preliminary Plat of Mery Brown for a 119 lot subdivision, a lot for future development, 14 acres of open space, and a 28 acre industrial lot on the Vermont Structural Steel property, 1175 Hinesburg Rd. Mr. Jacob stepped down during this discussion which was then chaired by Mr. Burgess. PLANNING COMMISSION 12 AUGUST 1986 PAGE 7 Lance Llewellyn stressed that the northern part of the property is Ind-Ag land which is not part of this proposal. The rest of the area is Res-Ag. They have reduced to development to 119 single-family lots in order to take care of the drainageway. A 10-acre lot is being left undeveloped at present. Mrs. Lafleur said a TDR may be worked out on this. 12.9 acres of open space are provided plus 2.3 acres in an area to which the City will hold development rights. A pedestrian trail must be worked out. Mrs. Hurd said she is concerned about runoff. When the Commission visited the site, water was up to their knees. This would be worse in April. Mr. Llewellyn said they will pick up the drainageway from Butler Farms under Street "D". From Street "D" to the edge of the property, they are improving the drainage swale to have a uniform slope. Steve Crowley said he did not feel plans for the drainage swale were presented accurately. Instead of winding back and forth, the water would go in a smooth line. He felt drainage capacity should be retained as much as possible as there will be no ability for vegetation to soak up what is being carried in the water. This will create erosion downstream. The City Manager will be asked to look at this. Mrs. Lafleur advised that any relocation of the watercourse has to have Commission approval and input from Natural Resources Committee. Members agreed to ask Wagner, Heindel & Noyes to look at the situation as well. Arthur Ryan noted that an old railroad spur goes through the area and forms a dike. It has a stone base. He felt it would be hard to relieve water being held back there. He said they want to keep their land agricultural as much as possible and want some kind of fencing to keep people out of their fields. Mrs. Marceau noted that Act 250 granted them a chain link border fence in the Butler Farms development. Mrs. Lafleur raised the question of having lots jut out into what may be park area. Peter Owens felt this was an intrusion. Mr. Dooley raised the city park question and members agreed to meet with the Council at the earliesTconvenience to get clarification on park borders. Mrs. Maher moved to continue the hearing until 16 September. Mr. Dooley seconded, and the motion passed unanimously. Mrs. Lafleur noted there are street connections to other developments; street names are needed. She would also like larger street trees. PLANNING COMMISSION 23 SEPTEMBER 1986 PAGE 9 cause of traffic noise. Lowell Krassner felt the plan was an improvement over present conditions but was concerned about another traffic light to slow things down even more on Williston Rd. 8. Continue JOINT PUBLIC HEARING: Preliminary Plat application of LDB, Inc., for a 115 single family lot sub- division on 71.8 acres, 1175 Hinesburg Rd. Mr. Jacob stepped down from the Commision during this dis- cussion, and Mr. Farrar presided. Mr. Farrar advised that the City and the developer have had several discussions over purchase of land for the City park. He said he thinks they have an agreement for the developer to sell the City 28 acres of the land zoned Industrial. The new plan has 115 lots and eliminates the upper cul de sac. They now show development of 7.2 acres of prime ag soil with 17.8 acres of open space and 2.8 acre piece given to the city. The Hinesburg Rd. strip is the same. The outlay more closely approximates the desired park boundary. Mrs. Maher felt they should get lo+', 69, 70, and 71 instead of the drainageway for open space. Other members were not as concerned with this and all felt it was the best plan seen yet. Mr. Murray said he felt that 50 years from now it would be looked at as a good plan. Council members felt very pleased with the plan. Mr. Dooley then moved on behalf of the Planning Commission to approve the Preliminary Plat of LDB, Inc., Mery Brown for the subdivision of a 100+ acre parcel into a 28.1 acre parcel of land zoned Industrial -Agricultural, 115 single-family lots, and 20.6 acres of open space to be dedicated to the City as depicted on a plan entitled "LDB Development, South Burlington, Vermont" prepared �2y Fitzpatrick -Llewellyn, Inc., dated September, 1986 with the following stipulations: 1. The Final Plat shall show street names, a landscaping plan with 3"-4" diameter street trees and landscaping for indivi- dual lots. 2. All streets shall include concrete curbs and a sidewalk on one side. Land for street connectors to adjoining parcels shall be deeded to the city. 3. Legal documentation for street dedications, street connec- tions, water and sewer and open space shall be prepared for PLANNING COMMISSION 23 SEPTEMBER PAGE 10 approval by the City Attorney prior to final plat. 4. All engineering details shall be submitted for final plat approval. 5. Bonds for streets, water and sewer shall be posted prior to permit in an amount determined the City Engineer. 6. A sewer allocation of 51,750 gallons per d_y is made in accordance with the South Burlington sewer policy. This pro- ject is placed on the waiting list until additional capacity is available at the Airport Parkway Treatment Plant. The $2.50 per gallon fee shall be paid prior to permit. 7. A phasing plan shall be submitted for final plat. 8. The proposed pedestrian trail along the southern property line as planned in the Comprehensive Plan shall be shown on the plans and dedicated to the City. 9. A traffic study indicating the impact on the Hinesburg/ Kennedy Drive intersection and the need for the deceleration lane and any other traffic improvements shall be submitted prior to final plat. 10. The traffic fee shall be paid prior to permit in accord- ance with the formula established for the Hinesburg Rd/Kennedy Drive intersection. The amount shall be determined prior to Final Plat approval. 11. The streets and curbs shall be installed prior to the issuance of a building permit. 12. In accordance with Section 412.2 of the subdivision regulations, no topsoil sand, or gravel shall be removed from the subdivision for any other purpose than to meet the construction needs of this subdivision or to meet any requirements of the regulations. 13. The final plat shall be submitted within 18 months or this approval is null and void. Mrs. Maher seconded, and the motion passed the Commission unanimously. Mr. Murray made the same motion on behalf on the City Council, adding the following item: 14. Information shall be submitted prior to final plat so the City Council can make a determination of findings of fact as PLANNING COMMISSION 23 SEPTEMBER 1986 PAGE 11 required 1�y the Ordinance. Mr. Flaherty seconded, and the motion passed the Council unanimouslv. Other Business Mr. Brennan will make a presentation on TDR's at the next meeting. The sidewalk policy will also be discussed. As there was no further business, the meeting adjourned at 11 pm. Clerk PLANNING COMMISSION 25 FEBRUARY 1986 PAGE 4 will also provide percentage of compact car spaces at University Mall. Mrs. Maher advised the applicant that on their plans they should show everything in relation to adjacent properties. Mrs. Lafleur reminded the Commission that with a P.C.D. they have the right to look beyond the boundaries of the property under consideration. 4. Consider revised sketch plan application of Mery Brown for a P.U.D. of 100-acres into 121 single family lots and a 25- acre industrial lot located on the Vermont Structural Steel property on Hinesburg Rd. Mr. Jacob stepped down during this discussion due to a conflict of interest. Lance Llewellyn present 2 revised configurations for the proposed development. Both would leave the Industrial area alone. Access would be off Hinesburg Rd. with 2 accesses to Burler Farms and one to the Economou property. Plan 1 would have a total of 11.56 open space acres (6.16 in the northwest corner, 2.03 abutting the Dubois property, and 3.37 as a Hinesburg Rd. buffer). The state would get as agricultural land the 15 acres of Industrial Zone and 10 acres of the residential lot. Mrs. Lafleur said she was concerned about getting swampy land for open space and suggested that a piece of the 10-acre ag land be dedicated to the city for passive recreation use only. This is the second proposed plan under which the city gets �8 acres. It was noted that with a transfer of development rights, the ag lands could be de- veloped in the future, but the portion dedicated to the city could not. Mrs. Lafleur said the Commission should know up front what restrictions would be put on the dedicated land. Mrs. Maher said she would like to know how the wet areas would be drained so they would be usable. Mrs. Lafleur said Bruce O'Neill should be consulted as to what use would be best for that land. She also questioned whether lots that have the drainageway going through them are buildable. She is concerned about the setback from the drainageway. Mr. Szymansky should be the final judge of this. The concensus of the Commission was a preference for the second alternative. 5. Sign resolut final plats for Hinesburg Rd. on to validate the subdivision approvals and the 2-lot subdivision of the Tilley Farm, 700 Mrs. Lafleur advised that the resolution was needed because the mylar was signed after the date of filing. PLANNING COMMISSION 28 January 1986 page 3 5. Continue discussion of sketch plan application -of Vermont Structural Steel property, Hinesburg Road During the discussion which followed,Mr. Jacob stepped down due to a conflict of interest. Mr. Spitz explained they had 2 options to present: The first option would be contained entirely in the residential zone. There would be 71.8 acres, minus 1.2 acres for an access road. There would be 120 lots, a 150ft. buffer strip, and a 6-acre green space. Mrs. Maher asked about the drainage question. Mr. Spitz said about 1/4 acre (10,000 sq. ft.) might be lost to drainage. Mrs. Maher asked if the developer can be required to drain the area in accordance with specific instructions. Mrs. Lafleur confirmed this was possible. The second option would have a 100 ft. green strip in front, but the main park would become a buffer strip plus 6 acres in the adjacent industrial zone which could connect to land in other properties for a large park potential. There would be 130 homes in this plan (based on 70.6 acres in the residential zone plus the 6 acres in the industrial zone). Mr. Burgess said this meant the 6 acres would no longer be included in the industrial land. Mrs. Lafleur said with option ##1 her concern was the drainage. On the plus side, the open area would be connection to Butler Farms. With option 2, she preferred the larger parcel of open land so it could connect to other properties in the future. She preferred, however, a thrid alternative: keeping the open space in the residential area but movingit to a location which the developer considers prime building land. This would, however, allow the industrial area to remain as zoned. Ms. Justice noted that the prime agricultural soils are not in either of the areas proposed, and they would have a problem considering them as green space. She didn't believe the District Commission would approve either design. Mrs. Lafleur noted the applicant is still proposing the rest of the Industrial Zone be used to meet criteria 9B. Mrs. Maher asked what powers the Commission has regarding what they might require for prime ag land. Mrs. Lafleur read from Sect. 6.502 referring to open land, agricultural land and the balance between the two. Mr Spitz noted they could also leave a 250 ft. strip up front which is all agricultural land. Mrs. Maher noted this might satisfy the Ag. Dept. but not the city. Mr. Spitz said there is no way to satisfy everyone. Mrs. Maher stressed the Planning Commission does not want Industrial land tied up as agricultural land. She asked Ms. Justice why the state doesn't concern itself with how the city zones its land. Ms. Justice said she had not under- stood the land in question was industrial land. 1 PLANNING COMMISSION 28 January 1986 page 4 Mrs. Maher then polled members as to their feelings on the open space/agricultural land question. Ms. Peacock said she was more concerned with protecting open space than farmland. Mr. Belter noted the land in question would not be attractive to a farmer and his concern was to get recreation land for the city. He favored Mrs. Lafleur's third option. Both Mrs. Hurd and Mr. Burgess agreed with Mr. Belter. Mrs. Maher said she agreed that the 15% that comes to the city should be all asable land. Mr. Spitz said they will prepare preliminary plans showing about 7 acres in the middle and 3-1/2 to 4 up front; at the appropriate time of engineering, they will show all drainage. At preliminary plat time, they will approach the state under criteria 9 and 10. Mrs. Maher said she would not vote yes for such a proposal. Mrs. Hurd agreed. Mr. Burgess9aid he would have to see the plan. Mr.,-!Belter-said it was to the City's advantage to get as Oig a piece of land together as possible but felt it was better to get more land in the upper right hand corner of the plan so it could tie in with future land. Ms. Peacock said if the land in the middle were well - drained, she had no objection. Mr. Brown said he had in mind filling it in, not leaving a swamp. Other Business 1. Mrs. Lafleur referred to the Natural Resources Committee memo on air quality and traffic. They are concerned with the cumu- lative affect of more small developments as an air quality study is required only for University Mall. The Committee asked the Commisdibnto monitor air quality levels on Dorset St., a request endorsed by the Dorset St. Committee. Mrs. Lafleur will investigate costs, etc. 2. A verdict is expected soon on the Pizzagalli suit in connection. with the sewage treatment plant. 3. Mrs. Lafleur advised that John Larkin had let 90 days expire before filing the Cluster C & D record copies, and the City Attorney asked that the Commission sign a resolution to validate the plans. Mr. Powell said that he cannot get clear title to his home and cannot move in until this is done. Mr. Jacob moved that the Commission sign the resolution. Mr. Bey ter seconded,and the motion passed unanimousTv 4. Members agreed to meet with the Burlington Planning Commission on 1'uesdav, 18 February, wit'z the meeting to be held in South Burlington. As there was no further busiziess to come before the Commission, the meeting adjourned at 9:15 pm. PLANNING COMMISSION 14 JANUARY 1986 PAGE 5 Mrs. Maher said the thought of 2 motels and 2 office buildings entering and exiting into the mess on Shelburne Rd. is horrifying and felt it was a waste of time to discuss it until a traffic study is done and the right-of-way question is settled. Mr. Davis said they have a legal opinion on the right-of-way and also have a right-of-way between Shelburne Road and Farrell Drive. This also encompasses the Factory Outlet and Herman Thomas' rights -of -way. Mr. Dooley asked if they were consistent, Mr. Davis said they were with respect to their right-of-way. Mr. Dooley stressed they have to have one consistant approach that makes sense. Mr. Davis stressed they are absolutely banking on the Southern Connector solving the traffic problem on Shelburne Rd and would stipulate that without the Connector there would be no hotel. They would like to have the option to upgrade Odell Parkway but would not be required to for the office buildings. Mr. Dooley said if they reserve the right to go through Odell Parkway, they have to be considered an abutter on Shelburne Rd. Mrs. Maher said she felt this lot should access on Farrell St, and Mrs. Lafleur said it would be possible to so stipulate. Ms. Peacock said she agreed. Mr. Spitz said the Burlington Southern Connector has been studied extensively, and every study shows a significant drop in Rt. 7 traffic. He said they were asking the Commission not to decide before they see the numbers. He felt a Rt. 7 access for the hotel was im- portant. Mrs. Maher said the problem is the lot is not on Shelburne Rd. but on Farrell St. Mr. Burgess felt his in- clination was to have the access on Farrell St. but didn't want to pre -judge. He stressed the right-of-way maze must be settled. Mr. Dooley and Mrs. Hurd agreed. Mr. Jacob said he would have no objection to using Odell Parkway if it can be curbed and sidewalked. Sketch Plan Application of LDB properties (Mery Brown) for a 122-lot planned unit development on 72 acres and a 28-acre industrial lot left undeveloped located at 1175 Hinesburg Rd. (Vermont Structural Steel property) Mr. Jacob stepped down during this discussion due to a conflict of interest. Mr. Spitz indicated this_is a scaled -down version of the original plan which now leaves the 28-acre industrial lot undeveloped for now. But there would be a question of access to the industrial lot, as it would be landlocked. Mrs. Hurd said she could not approved a land -locked piece of land. Mrs. Maher said she would object to creating a green space and then saying it's a right-of-way. Mr. Spitz said it would be ideal to have the industrial lot access to the north. Mrs. Maher said they should talk one or 2 acres out for PLANNING COMMISSION 14 JANUARY 1986 PAGE 6 future access and not count it as green space or for density. Mr. Spitz said on the 72 acres they are going to approach 15% and feel they can reach it. The number of lots is down to 122 and they got rid of the grid plan. They wanted some green space in the interior and have set aside 3.2 acres which is smaller than what Mr. O'Neill requests for a recreation area. They could consolidate it into a larger piece if desired. The other open space is at the entrance. There will be no driveways on Hinesburg Rd. or on the collector road. The cul-de-sacs will be engineered to city standard. They met with the Agriculture Dept. to see if there is one concept to satisfy all the ,goals, but they don't think there is. Mrs. Maher said she didn't feel the applicant could go to the Environmental Board and say leaving open the other lot will meet the agriculture requirement. Mr. Spitz said 28 acres would be left open in perpetuity unless the owners find other agricultural land and trade off. Mr. Belter said his only problem was giving up industrial land which is attractive to the city. Regarding the open space question, members felt as follows: Mrs. Maher said she wouldn't approve anything unless maximum open space is given. She would want to see a road set aside as access to the other lot, and this should not count as open space. Mr. Dooley said Mr. O'Neill's memo requests 6-10 acres of recreation land to tie into recreation lands in the future for a neighborhood park, and he would like to see this. Mr. Belter asked why the applicant can't build on the 28-acres and then be asked to buy land in the Brand property reserved for recreation -open space, since the city has been trying to get this. Mr. Spitz said even if they contribute to the Brand piece, they can still have some open space in the development and between the 2 parcels, or up front if the Commission requires. Mrs. Lafleur said she would like to continue the buffer up front. She didn't want to bank on the Brand property but agreed with Mr. O'Neill about connecting the open space. Ms. Peacock said she liked the little piece of open space where it is. Mr. Burgess said he felt a park would work if it got in before the residents. Mr. Belter did not agree with continuing the green strip on Hinesburg Rd. He was concerned about access to the industrial land. Mr. Burgess said he didn't want to see that piece landlocked. He felt he would like to see the buffer continued, maybe not for 300 feet. He tended to favor a fairly large recreation area. Mr. Dooley agreed with Mr. Burgess. Mrs. Hurd felt the strip on Hinesburg Rd. should be continued. Mr. Brown felt that zoning had landlocked the industrial piece and asked why it couldn't be rezoned residential. Mrs. Maher said she didn't feel the majority of the Commission PLANNING COMMISSION 14 JANUARY 1986 PAGE 7 would agree to that. She felt the applicant must show an entrance so that the land is not landlocked. They should come in with another sketch plan that shows several options, including a full 10.8 acrea open space, not little pieces. Mrs. Hurd added that the neighbor, Mrs. Rye would like a fence to protect her property. Consider request of Chittenden Trust Co. for amendment to Section 18.10 of the Zoning regulations regarding setback from Williston Rd. right-of-way after the widening of in the vicinity of Chittenden Trust on Williston Rd. Mrs. Lafleur explained that the Chittenden feels the setback will unduly restrict their property after the road widening. At present they would be able to build a 37,500 ft. building. After the widening, they would be allowed a 35,000 sq. ft. building. She felt the traffic overlay zone restricts them more as it allows only a 14,000 sq. ft. building now. After a brief discussion, members were unanimous in feeling the setback should not be reduced. Consider request to ament Zoning regulations to allow farming and agriculture uses including the keeping of cattle in the Industrial Commercial district Mrs. Lafleur explained this is not now a permitted use. After brief discussion, members agreed they had no objection to this being done through use variances, and would consider amending the Ordinance when it is updated this year. Other Business 1. The 5-year highway construction plan now includes the widening of the top of Main Street. 2. The Natural Resources Committee's report on air quality on Dorset St. has been received. 3. A proposal has been received from Rick Carbin. 4. Mr. Jacob stressed that he felt developers should be en- couraged to contribute to purchasing the large recreation land parcel. As there was no further business to come before the Commission, the meeting adjourned at 10:40pm. PLANNING COMMISSION 17 SEPTEMBER 1985 PAGE 8 open space on approximately 100 acres..located at 1175 Hinesburg Road::,(Vt. Structural Steel). Mr. Jacob stepped down during this discussion. Mrs. Maher noted they are taling about a zone change of ap- proximately 28 acres and she felt that should be handled first. The 28 acres would go from Industrial -Agricultural to Residential. Mr. Spitz said there is a residential development adjacent to this parcel. He felt that Ledge Knoll has shown there is a real demand for this kind of housing, and their project would abut directly to that. This is the one property in that area this is bisected by a zoning change. The Planning Commission originally proposed a small industrial area, but the City Council added more. He cited the difficulty of using the back 25 acres as it would become landlocked if it were not incorported in this development and if it ever were developed as industrial, then industrial truck traffic would go through the residential zone. Mrs. Maher said she could see no justification for taking the property out of Industrial -Agricultural. Mrs. Hurd said she felt that out of courtesy the neighbors should have been notified. Mr. Spitz then outlined the development plans. He saw the need for only 1 additional entrance, leaving 800 ft. between the 2 entrances with the same distance to the Rye property. There will be a setback of 200 ft. going to 300 ft. from Hinesburg Rd., similar to that on the Dubois property. They have an internal recreation area well back from the road, about 4.5 acres. Lot sizes will be 1/3 acre. Open space could belong to the city or the homeowners. The density question was raised. Mrs. Lafleur noted that if you subtract the open space from the number of acres and multiply it by 2 units per acre, it would allow for 170 units maximum. Mr. Spitz said it was his interpretation that there be a range from a low of 170 units to a high of 200, if they can show there will be no negative impact. Mr. Dooley said that given the nature of the southeast quadrant, he would be reluctant to go above base density. Other Business Members approved the.wordings proposed by the City Planner for the Shelburne Rd., arterial roads and building codes sections. In the last of these, some revision was made. The housing statement was changed from "allow" to "encourage" low income housing. Mr. Burgess moved that the Commission approve the revisions to the South Burlington Master Plan including additons with CITY COUNCIL 24 AUGUST 1987 The South Burlington City Council held a special meeting on Monday, 24 August 1987, at 7:30 pm, in the Conference Room, City Hall, 575 Dorset Street. Members Present Paul Farrar, Chairman; Michael Flaherty, Francis X. Murray Also Present William Szymanski, City Manager; Albert Audette, Street Dept; James Goddette, Fire Chief; Jane Lafleur, City Planner; Gerry Milot, Peter Owens, Russ Colvins, Charles Deslauriers, Alex- ander Lewis, Connie Lewis, Richard Freeley;•'•Bob Marcellino, - Charlie Van Winkle, Skip McClellan, James Roeder, Lance Llewellyn, Al Bartlett, Carl Cobb, Mery Brown; Sid Poger, The Other Paper; Mike Donoghue, Free Press Comments & Questions from the Audience (not related to items on the Agenda) Mr. Farrar noted that the City has concluded an agreement with the Police Department and the hope is that it can be signed at the next regular meeting. Public Hearing: on Planned Unit Developments ow sand Farm J-0K.at._Qs_._QA side of Dorset Street just south of the I-89 overpass Ms. Lafleur advised that the Planning Commission had approved the preliminary plat which the Council must now review. There will be 98 single family and 80 multi -family dwellings. The development will be in the wooded area on the easterly portion of the property. The westerly portion will be for the future City park. Mr. Llewellyn explained that the project is set back 150 ft. from I-89 and 100 ft. from the wetlands on the east. Lots will be about 60' x 1001. Access to the development will be off the Swift St. Extension off Dorset St. There will be 2 access points. Water and sewer will be from City systems, and all utilities will be underground. Swift St. will be an 80' right-of-way with 32' paved; the road serving the single family units will be a 60' right-of-way with 30' paved; and the road serving the multi family units will be a 50' right - of way, 30' paved. Roads will be curbed with a sidewalk on one side. There will be a central location for mailboxes. Mr. Milot said they will have to delineate a building en- velope when permits are issued and will then determine what trees can be saved. Mr. Milot will do the building, but they also want to insure residents will not cut down trees in the back yards. CITY COUNCIL 24 AUGUST 1987 PAGE 2 Mr. Murray said he had 2 concerns: the contour of the road which is not consistent with the plan for the park, and the question of putting the ballfields on the Act 250 application. Mr. Milot said the City can't get input on the ballfields to him in time for their Act 250 hearing. He also didn't feel an Act 250 permit was needed for the ballfields. Mr. Murray said it is important the ballfields be shown so it is known there will be a park facility there. Mr. Milot said they anticipate giving that information in their marketing program and also in the deeds. He suggested filing a memo- randum of record so that attorneys searching title will be aware and can inform their clients. Ms. Lafleur noted that after preliminary plat approval, Peter Owens raised concerns about trees along the meadow line, the contour of the road as it goes around the knoll, and the location of the road on the easterly portion of the development. Mr. Owens said the ideal solution to the last problem would encroach on Calkins land which the city doesn't own. He said he would prefer a meandering quality for the park road. Ms. Lafleur said the Planning Commission felt the issue of the trees along the meadow line was the most pressing concern. They were not convinced that a 10 foot buffer of trees was adequate. 14-18 lots border on that stand of trees. Mr. Milot suggested moving the front setback from 30' to 20' and having a 30' rear setback instead. Ms. Lafleur felt that was an improvement and would protect the trees more effectively. She also felt there must be convenants against cutting the trees. Mr. Milot agreed to add the ballfields as "proposed" to their Act 250 application so as not to lock the City in to any particular locations. Mr. Murray then moved that the South Burlington City Council approve the Preliminary Plat of A & G Investments for a 179 unit planned development consisting of 98 single family units and 80 multi -family units in 20 buildings, farmhouse, on 2 acres, and 68 acres of open space to be deeded to the City as shown on a 28 page set of plans entitled "Southsett at Swift, South Burlington, Vermont" prepared j�y Fitzpatrick -Llewellyn, dated May, 1987, stamp dated June 23, 1987. The Council hereby finds that the project: a. Will not result in undue water or air pollution. In making this determination the Council has considered (1) the availability and capacity of municipal sewer facilities; (2) the elevation of land above sea level and in relation to the flood plains; (3) protection of ground and surface waters; and (4) all applicable regulations of the health department and other State agencies. CITY COUNCIL 24 AUGUST 1987 PAGE 3 b. Does have sufficient water available for the reasonable needs of the development. c. Will not cause unreasonable soil erosion or reduction in the capacity of the land to hold water so that a dangerous or unhealthy condition may result. d. Will not cause unreasonable highway congestion or unsafe conditions with respect to use of the highways, existing or proposed. e. Will not cause an unreasonable burden on the ability of the City to provide educational services and facilities. f. Will not cause an unreasonable burden on the ability of the City to provide municipal or governmental services and facilities. g_ Will not have an undue adverse effect on natural beauty of the area, is aesthetically existing buildings and site characteristics. the scenic or compatible with h. Will provide housing types, costs, and characteristics ap- propriate to the housing needs of various social and economic groups. i. Will provide convenient al common open space in relation will conform with the cit 's location and distribution of to the proposed development recreation plan. and J. Will provide efficient layout and high -quality installa- tion, construction, and maintenance of streets and public facilities and will conform with the City's utility plan. k. Will provide for cooperation and adjoining properties in the extension of roadways, drainage facilities, and utility lines. 1. Will maximize potential for energy conservation and solar energy use via appropriate site layout and use of building materials. m. Will conform with the City's comprehensive plan. and further stipulates that: 1. The developer will provide a letter from the Superinten- dent of Schools that the development will not put an un- reasonable burden on the district to provide educational services and facilities. CITY COUNCIL 24 August 1987 PAGE 4 2. On lots 1-19, the rear setback will be changed from 20 feet to 30 feet and a buffer/non-graded zone of 20 feet will e provided. The front yard setback will be changed from 30 b feet to 20 feet. Covenants will be required for future homeowners to assure that no digging is permitted in the 20 foot buffer zone and that no cutting of trees is allowed in the buffer zone without City approval Covenants will be provided 1?y the City Attorney prior to Final Plat. The cov- enants will be enforceable l?y the City. 3. Utility easements -will be provided 12y the developer and approved 1?y the City Manager prior to Final' Plat. 4. The general outline of the City's park plan will be included in the developer's promotion and marketing materials. 5. The developer will include drawings of the ballfields in his plans to be submitted to Act 250. Mr. Flaherty seconded the motion which passed unanimousl TVermont Structural Steel land location on the west side of Hinesburg Road approximately 1/4 mile south of the I-89 underpass. Mr. Llewellyn explained that Act 250 did not like the proximity of the project to Hinesburg Rd., so front yards have been moved back 100 ft. This resulted in a net loss of 2 lots. The cul de sac has been removed. Water and sewer will be public. There will be 60' road easements with 30' roads. Members briefly discussed the sewer question for future reference when other development occurs in the area. Mr. Murraythen moved that the South Burlington City Council approve the Revised Final Plat of LDB Incorr odd for the subdivision of a 100+ acre parcel into a 28.1 acre parcel of land zoned Industrial -Agricultural, 113 single-family lots and approximately 21 acres of open space to be dedicated to the City as depicted on a 20 page set of plans entitled "LDB Development, overall Site Plan, September, 1986, last revised 7/27/87. The Council hereby finds that the project: CITY COUNCIL 24 AUGUST 1987 PAGE 5 a. Will not result in undue water or air pollution. In making this determination the Council has considered M the availability and capacity of municipal sewer facilities;' the elevation of land above sea level and in relation to the flood plans; (3) protection of ground and surface waters; and all applicable regulations of the health department and other State agencies. b. Does have sufficient water available for the reasonable needs of the development. c. Will not cause unreasonable soil erosion or reduction in the capacity of the land to hold water so that a dangerous or unhealthy condition m—y result. d. Will not cause unreasonable highway congestion or unsafe conditions with respect to use of the highways, existing or proposed. e. Will not cause an unreasonable burden on the --ability of the City to provide educational services and facilities, as shown in a letter from the Superintendent of Schools to Charles Van Winkle, dated 13 November 1986. f. Will not cause an unreasonable burden on the ability of the City to provide municipal or governmental services and facilities. g_ Will not have an undue adverse effect on the scenic or natural beauty of the area, is aesthetically compatible with existing buildings and site characteristics. h. Will provide housing types, costs, and characteristics ap- propriate to the housing needs of various social and economic groups. i. Will provide convenient allocation and distribution of common open space in relation to the proposed development and will conform with the city's recreation plan. Z Will provide efficient layout and tion, construction, facilities and will and maintenance conform with the high -duality installa- of streets and public City's utility plan. k. Will provide for cooperation and adjoining properties in the extension of roadways, drainage facilities, and utility lines. 1. Will maximize potential for energy conservation and solar energy use via appropriate site layout and use of building CITY COUNCIL 24 AUGUST 1987 PAGE 6 materials. m. Will conform with the City's comprehensive Plan. and further stipulates that: 1. The building will either construct an alternate sewer line or post bond prior to issuance of the first building permit. 2. The contract for the city's acquisition of park land will be signed prior to issuance of the first building permit. Mr. Flaherty seconded the motion which passed unanimously. Review proposal for modifying the exterior of the proposed fire sub -station Mr. Murray advised that he met last week with Mr. Deslauriers and the owner of the Volkswagen dealership at the site and listened to suggestions for changing the exterior design to be more compatible with the development taking place there. Mr. Murray did not feel a large sum of money was involved. Mr. Flaherty moved to take off the table the motion to re- consider. Mr. Murray seconded. Motion ap ssed unanimously. Mr. Deslauriers outlined his recommended modifications and showed a model of the proposed structure. The roof line was reversed in direction and increased in pitch. Two gabled ends at either side would eliminate the problem of snow falling into the drives. He suggested a colored pre -finished roof instead of galvanized and recommended a roof overhang of 2 feet. The split block effect could be carried along to the north side of the building, and this could be enhanced by changing from metal to grade B cedar siding. They recom- mended color co-ordinated windows, doors, etc, the use of a cupola or bell tower, and a decorative vent on either side. Mr. Deslauriers estimated costs of about $19,000. The bid for these changes from ICV was 34,000. A proposed meeting between Mr. Deslauriers and the ICV representative had to be postponed due to a death in the representative's family so that Mr. Deslaurier could not say why there was such a di- vergence in cost estimates. Chief Goddette said he had no the split block in the rear of problem with the cedar siding. the cost and did not feel the creased amount. He felt that objection to the higher roof or the building. He did have a His major problem was with y should have to pay the in - proposed landscaping would make PLANNING COMMISSION 23 SEPTEMBER 1986 PAGE 9 cause of traffic noise. Lowell Krassner felt the plan was an improvement over present conditions but was concerned about another traffic light to slow things down even more on Williston Rd. 8. Continue JO HEARING: Preliminary Plat application of LDB Inc. for a 115 single family lot sub- division on 71.8�d 175 Hinesburg Rd. Mr. Jacob stepped down from the Commision during this dis- cussion, and Mr. Farrar presided. Mr. Farrar advised that the City and the developer have had several discussions over purchase of land for the City park. He said he thinks they have an agreement for the developer to sell the City 28 acres of the land zoned Industrial. The new plan has 115 lots and eliminates the upper cul de sac. They now show development of 7.2 acres of prime ag soil with 17.8 acres of open space and 2.8 acre piece given to the city. The Hinesburg Rd. strip is the same. The outlay more closely approximates the desired park boundary. Mrs. Maher felt they should get lo*, 69, 70, and 71 instead of the drainageway for open space. Other members were not as concerned with this and all felt it was the best plan seen yet. Mr. Murray said he felt that 50 years from now it would be looked at as a good plan. Council members felt very pleased with the plan. Mr. Dooley then moved on behalf of the Planning Commission to approve the Preliminary Plat of LDB, Inc., Mery Brown for the subdivision of a 100+ acre parcel into a 28.1 acre parcel of land zoned Industrial -Agricultural, 115 single-family lots, and 20.6 acres of open space to be dedicated to the City as depicted on a plan entitled "LDB Development, South _Burlington, Vermont" prepared �2y Fitzpatrick -Llewellyn, Inc., dated September, 1986 with the following stipulations: 1. The Final Plat shall show street names, a landscaping plan with 3"-4" diameter street trees and landscaping for indivi- dual lots. 2. All streets shall include concrete curbs and a sidewalk on one side. Land for street connectors to adjoining parcels shall be deeded to the city. 3. Legal documentation for street dedications, street connec- tions, water and sewer and open space shall be prepared for PLANNING COMMISSION 23 SEPTEMBER PAGE 10 approval �2y the City Attorney prior to final Plat. 4. All engineering details shall be submitted for final plat approval. 5. Bonds for streets, water and sewer shall be posted Prior to permit in an amount determined �2y the City Engineer. 6. A sewer allocation of 51,750 gallons per day is made in accordance with the South Burlington sewer policy. This pro- ject is placed on the waiting list until additional capacity is available at the Airport Parkway Treatment Plant. The $2.50 per ag llon fee shall be paid prior t6 permit. 7. A phasing plan shall be submitted for final Plat. 8. The proposed pedestrian trail along the southern property line as planned in the Comprehensive Plan shall be shown on the plans and dedicated to the City. 9. A traffic study indicating the impact on the Hinesburg/ Kennedy Drive intersection and the need for the deceleration lane and any other traffic improvements shall be submitted prior to final Plat. 10. The traffic fee shall be paid Prior to permit in accord- ance with the formula established for the Hinesburg Rd/Kennedy Drive intersection. The amount shall be determined Prior to Final Plat approval. 11. The streets and curbs shall be installed rp_ior to the issuance of a building permit. 12. In accordance with Section 412.2 of the subdivision regulations, no topsoil sand, or rq avel shall be removed from the subdivision for any other purpose than to meet the construction needs of this subdivision or to meet an requirements of the regulations. 13. The final plat shall be submitted within 18 months or this approval is null and void. Mrs. Maher seconded, and the motion passed the Commission unanimously. Mr. Murra made the same motion on behalf on the City Council, addin the following item: 14. Information shall be submitted prior to final plat so the City Council can make a determination of findings of fact as STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET BURLINGTON, VERMONT 05401-5210 STEVEN F. STITZEL PAM R. PAGE* (-ALSO ADKMTM INN.Y.) Raymond Belair City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: Fox Run Lane Dear Ray: (802) 660-2555 (VOICE/TDD) FAX (802) 660-2552 December 26, 1995 OF COUNSEL ARTHUR W. CERNOSIA ROBERT E. FLETCHER Enclosed please find a fully executed Warranty Deed and partially executed Vermont Property Transfer Tax Return concerning the transfer to the City of South Burlington of the balance of Fox Run Lane. The Vermont Property Transfer Tax Return should be signed by a duly authorized representative of the City of South Burlington and dated, and both instruments should then be submitted to the City Clerk for recording. Please call me with any questions, and call me with the recording information. Thank you. Sincerely j / s Robert E. Fletcher REF/map Enclosures SON1970.COR WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS THAT OAK CREEK INVESTMENTS of South Burlington, in the County of Chittenden and State of Vermont, Grantor, in the consideration of TEN AND MORE DOLLARS paid to its full satisfaction by the CITY OF SOUTH BURLINGTON, a municipal corporation located in the County of Chittenden and State of Vermont, Grantee, by these presents, does freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said Grantee, CITY OF SOUTH BURLINGTON, and its successors and assigns forever, a certain piece of land in the City of South Burlington, in the County of Chittenden and State of Vermont, described as follows, viz: That portion of Fox Run Lane depicted on a plan entitled "Oak Creek Village, South Burlington, Vermont, Final Plat" dated August 1987, by Fitzpatrick -Llewellyn, Incorporated, and recorded in Map Book 252 at Pages 15-16 of the Land Records of the City of South Burlington, which commences at the northerly extension of the easterly boundary of Lot 98 as depicted on the aforementioned plan and proceeding in a generally westerly direction to its termination at the easterly boundaries its successors, assigns and administrators, does covenant with the said Grantee, the CITY OF SOUTH BURLINGTON, its successors and assigns, that until the ensealing of these presents it is the sole owner of the premises, and has good right and title to convey the same in manner aforesaid, that they are FREE FROM EVERY ENCUMBRANCE; except as aforesaid, not intending hereby to make enforceable any interest otherwise extinguished by 27 V.S.A. Ch. 5; and it hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, OAK CREEK INVESTMENTS has hereunto set its hand and seal this 21 day of December, A.D. 1995. IN THE PRESENCE OF: -,Ik- ///" By: By: OAK CREEK INVESTMENTS A Vermont Limited Partnership LDBf INC, General Partner Mervin Brown, Its Duly Authorized Agent STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 13A'1'rERY S'rRECT BURLINGTON, VERMONT 05401-5210 STEVEN F. SMEL PA'TI'I R. PAGE' (-ALSO A)bmty IN N. v.) James D. Foley, Esq. Spokes, Foley & Peterson P.O. Box 986 Burlington, VT 05402-0986 (802) 660-2555 (VOICF[I'UD) FAX 1802) 660-2552 December 20, 1995 Re: Fox Run Lane - Conveyance to the City of South Burlington Dear Jim: OI: COUNSEL ARTHUR W. CERNOSIA ROBER'I' E. FLE VCHER I received your fax last week and apologize for not calling, but I was out of town Thursday and Friday. The City is prepared to accept the portion of Fox Run Lane running from Lot 98 west to the cul-de-sac as offered. Consequently, I have reviewed the Warranty Deed which you sent over and have marked up a copy. After you have reviewed the enclosed markup, please feel free to call me so that we might discuss any outstanding issues. once we have agreed on the form of the document, we can arrange for its delivery and acceptance. I look forward to hearing from you shortly. If I do not speak to you before the end of the week, have a safe and prosperous holiday season. .---r'� incer , /__'TZobert E. Fletcher REF/map Enclosure cc: Ray Belair SON1960.COR WARRAN 'X DEED - ---- ' 0 KNOW ALL MEN BY 111le-SE VRESLNrS UlNr OAK CREEK INVESTMENTS, a Vermont Limited Partnersh' with principal offices in the City of South Burlington, in the County of Chittenden and State of Vermont, Grantor, n the consideration of TEN AND MORE DOLLARS paid to its full. s -isfaction by CITY OF SOUTH BURLINGTON, a municipal corporation{ in the County of Chittenden and State of Vermont, Grantee, by these presents, does freely GIVE, GRANT, SEL0ONVEY AND CONFIRM unt-o the said Grantee, City of South Burlington and its successors and assigns forever, a certain piece of land in the City of South Burlington, in the County of 7 Chittenden and State of Vermont, described as follows, viz: That portion of Fox Itun Lane depicted on a plan entitl "Oak Creek Village, South Burlington, Vermont, F' al Plat" dated August 19Z?7, 1_,y Fitzpatrick -Clew y , Incorporates 'and recorded .i.n flap Book 252 at Pages 15 of the Land Re rds of the City of South Burlington, ich commences at the northerly extension of the easterly boundary of Lot O8 a.-: deh.i.c:l--d on the aforementioned plan and proceeding in a general.l.y westerly direction to its termination at the easterly boundaries of Lots 106, 107 and 108 as depicted on said plan. Being a portion of the land and premises conveyed to the within Grantor by the Warranty Deed of Vermont Structural Steel Corporation dated December 11, 1986 and recorded in Volume 218, at Page 392 of the Land Records of the City of South Burlington. Reference is hereby made to the aforementioned instrument. and +-1 -- -due_and._paya.bl-e-,-which --have -been prorated -as of, -the -date-of-closing_- and__which---the-Grantee -accordingly assume- and" -agree- to -,pay, and it does hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, OAK CREEK INVESTMENTS hereunto set its hand and seal this 2 .?_., day of September, A.D. 1995. IN THE PRESENCE F:� STATE OF VERMONT COUNTY OF CHITTENDEN, SS. OAK CREEK INVESTMENTS A Vermont Limited Partnership By: LDB, INC. General Partner By: Mervin Brown Duly Authorized Agent At South Burlington, this �� day of September A.D. 1995 MERVIN BROWN, duly authorized agent of LDB, INC., General Partner Of OAK CREEK INVESTMENTS, personally appeared, and he acknowledged this instrument, by him sealed and subscribed to be his free act and deed and to be the free act and deed of Oak Cre Investments. Before me, Notary Public 7-) FAW PS I I DOCSV D I70A KT0CS U. W D STI"I'ZE' & PAGE, P.C. 171 1,AT'1'I'AZY SfRE'E'f 1111KI.IN(YI.ON. \11101ON'I. 05401-5210 (9021 oo(1-2555 (\1111 '1>'I UI)1 91EVEN F. S ITZEI• fA S'1xUZI o�dL25 S1 PATI7 R. PAGE* (-Am AI)MnTFD IN N.Y.) December 8, 1995 James D. Foley, Esq. Spokes, Foley & Peterson PO Box 986 Burlington, VT 05402-0986 Re: Oak Creek Development/City of South Burlington Dear Jim: OF COUNSEL ART11UR W. CERNOSIA ROBERT E. FU7CIIER I received your Irrevocable Offer of Dedication with respect to the extension of Fox Run Lane and the associated Warranty Deed. Unfortunately, there are a few changes which I would request that you make to the Irrevocable Offer. All of the changes are on the first page, and hopefully will not affect the signature page. First, I would ask that the introductory paragraph be expanded to identify the City of South Burlington as being "the City of South Burlington, a Vermont municipality located in the Town of Chittenden, and State of Vermont, hereinafter ...." Second, I would appreciate having the first Whereas clause include the relevant recording information for the final plat for Oak Creek Village (and the spelling of "August" corrected). Please note that the Warranty Deed indicates that the Oak Creek Village final plat is recorded in "Map Book 252 at Pages 15-." Although I do not have a full set of plans in front of me, my notes indicate that sheet 3 of 3 of the plans is recorded at Map Volume 252 at Page 15. That suggests to me that the appropriate reference for the recording of the plat is probably Map Volume 252 at Pages 13-15. In the last Whereas clause, I would ask that you insert the word "warranty" between "appropriate" and "deed" in the second line. Finally, from the materials in my possession I am not able to determine whether or not there are any infrastructure improvements within the boundaries of the offered extension of Fox Run Lane. If there are, the Deed must include a provision which indicates that the Warranty Deed is also a bill of sale with respect to all of the mechanical components, apparatuses and James D. Foley, Esq. December 8, 1995 Page 2 material associated with the infrastructure improvements which are to be conveyed. With these changes, the City of South Burlington will be happy to receive the documents. Call me if you have any questions or concerns. stcher REF/map cc: Raymond Belair SON1953.COR RICHARD A. SPOKES JAMES D. FOLEY RICHARD F. PETERSON, JR. SPOKES, FOLEY & PETERSON ATTORNEYS AT LAW 239 SOUTH UNION STREET P.O. BOX 986 BURLINGTON, VERMONT 05402-0986 September 26, 1995 Richard Ward, Zoning Administrator City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: Fox Run Lane - Oak Creek Development Dear Dick: (802) 862-6451 (802) 863-2857 FACSIMILE (802) 863-2859 Enclosed is a warranty deed and a property transfer return for Fox Run Lane. I do not believe this was part of the original Offer of Dedication. If you have any questions with regard to the enclosed please give either Mervin Brown or I a call. Very truly y ruo s, James D. Foley JDF/as Enclosures c: Mr. Mervin Brown jdRwardfoxrun.Itr VERMONT PROPERTY TRANSFER TAX RETURN VERMONT DEPARTMENT OF TAXES MONTPELIER, VERMONT 05609-1401 (PLEASE TYPE OR PRINT CLEARLY) SELLER'S (TRANSFEROR'S) NAME(S) COMPLETE MAILING ADDRESS FOLLOWING TRANSFER SOCIAL SECURITY NO. OR TAXPAYERIDENT.NO. Oak Creek Investments 1350 Shelburne Road 03-0306193 South Burlington, VT BUYER'S (TRANSFEREE'S) NAME(S) COMPLETE MAILING ADDRESS FOLLOWING TRANSFER SOCIAL SECURITY NO. OR TAXPAYER (DENT. NO. City of South Burlington 575 Dorset Street 03-6002712 South Burlington, VT PROPERTY '_OCATION (Address Intuit) DATE OF CLOSING Fox Run Lane INTEREST IN PROPERTY 1. ® FEE SIMPLE 3. ❑ UNDIVIDED 1/2INTEREST 5. ❑ TIME-SHARE ESTATE 7. ❑ EASEMENT 2. ❑ LIFE ESTATE 4• ❑ UNDIVIDED _% INTEREST 6. ❑ LEASE S. ❑ OTHER FRONTAGE AND DEPTH c TOTAL ACREAGE BUILDINGS ON PROPERTY AT THE TIME OF TRANSFER (CHECK ALL THAT APPLY). 1. n NONE S. ❑ BARN 9.0 STORE DWELLING UNITS INSERT 100 OTHER-- Z. ❑FACTORY 8. ❑ MULTI -FAMILY WITH ( ) TRANSFERREDDESCRIBE 3. ❑ SINGLE FAMILY DWELLING 7. El MOBILE HOME NUMBER 4. ❑ CAMP/VACATION HOME 8. ❑ CONDOMINIUM WITH _ ( INSERT ) UNITS TRANSFERRED NUMBER CHECK WHETHER THE BUILDINGS WERE EVER ❑ OCCUPIED ❑ RENTED ❑ WILL BE RENTED AFTER SALE PRIMARY USE OF PROPERTY BEFORE TRANSFER (CHECK ONE): 1. ❑ PRIMARY RESIDENCE 3. ❑ CAMP/VACATION S. ❑ OPERATING FARM 7. ❑ COMMERCIAL 9. ❑ OTHER DEBCRI!E DESCRIBE 2. Rj OPEN LAND 4. ❑ TIMBERLAND 6. ❑ GOVERNMENT USES. ❑ INDUSTRIAL_, DESCRIBE PRIMARY USE OF PROPERTY AFTER TRANSFER (CHECK ONE): 1. ❑ PRIMARY RESIDENCE3. ❑ CAMPNACATION 5. ❑ OPERATING FARM 7. ❑ COMMERCIAL 9. Q OTHERRcgri y DESCRIBE DESCRIBE 2. ❑ OPEN LAND 4. [-1 TIMBERLAND 6, ❑ GOVERNMENT USES. ❑ INDUSTRIAL DESCRIBE IS ANY PORTION OF THE LAND BEING CONVEYED SUBJECT TO A LIEN OR OTHER RESTRICTIONS UNDER CHAPTER 124 OF 32 V.S.A. (Agricultural, Forest, Farmland or Working Farmland Tax Abatement Use Value Appraisal Programs)? ❑ Yes KI No IF TRANSFER IS EXEMPT FROM PROPERTY TRANSFER TAX, CITE EXEMPTION FROM INSTRUCTIONS AND COMPLETE SECTIONS M, N and 0 BELOW. Exemption #2 TOTAL 12 PRICE PAID FOR PRICE PAID FOR 0 PRICE PAID $ PERSONAL PROPERTY $ REAL PROPERTY $ RICE PAID FOR REAL PROPERTY IS LESS THAN FAIR MARKET VALUE FAIR MARKET VALUE ON LINE 0 AND DESCRIBE THE CIRCUMSTANCES: _ JENTER AX DUE: Enter amount from rate schedule on reverse side. COMPLETE RATE SCHEDULE FOR ALL TRANSFERS S ATESELLERACQUIRED 12/11/86 F A VERMONT LAND GAINS TAX RETURN IS NOT BEING FILED, CITE EXEMPTION FROM INSTRUCTIONS ON PAGE 4 OF THIS BOOKLET ��1 CONTINUE ON REVERSE SIDE TOWN,!CITY DATE OF RECORD _ BOOKNUMBEFI LISTED VALUE S PARCEL ID OR MAP NO. GRAND LIST CATEGORY THIS SECTION TO BE COMPLETED BY TOWN OR CITY CLERK _ PAGE NO. _ GRAND LIST OF 19 ACKNOWLEDGEMENT I TOWN NUMBER RETURN RECEIVED (INCLUDING CERTIFICATES AND, IF REQUIRED, ACT 250 DISCLOSURE STATEMENT) AND TAX PAID. SIGNED DATE CLERK Form PT-1 (12/92) RATE SCHEDULE 1. Tax on Special Rate Property: a. Value of purchaser's principal resIds no@ (not to exceed t100,000) (See Inwuctlons)............................................................ 1. a. $ b. Value of property enrolled In current use program...................................................................................................................... b. $ c. Value of qualified working farm...................................................................................................................................................... c. $ d. Add Lines 1(a), (b) and (c)............................................................................................................................................................... d. $ e. Tax rate.............................................................................................................................................................................................. e. 0.005 f. Tax due on Special Rate Property: Multi Line 1 d Line 1 • f. $ pec P Y� Ph' () by ()............................................................................................ 2. Tax on General Rate Property: a. Enter amount from Line O on front of return................................................................................................................................. 2. a. $ b. Enter amount from Line 1(d) of Rate Schedule above.................................................................................................................. b. $ c. Subtract Line 2(b) from Line 2(s).................................................................................................................................................... c. $ d. Tax rate.............................................................................................................................................................................................. d. 0.012 e. Tax due on General Rate Property: Multiply Line 2(c) by Line 2(d)............................................................................................ e. $ 3. Total Tax Due: AddLinea 1(f) and 2(e) and enter here and on Line P on front of return................................................................................... 3. $ FLOOD AND SUBDIVISION REGULATIONS AND ACT 250 CERTIFICATES Buyer(*) and Seller(s) certify as follows: A. That they have Investigated and disclosed to every party to this transaction all of their knowledge relating to flood regulations, If any, affecting the property. B. That the seller(s) advised the buyer(s) that local and state building regulations, zoning regulations and subdivision regulations pertaining to the property may limit significantly the use of the property. C. That this transfer Is In compliance with or Is exempt from the subdivision regulations of the Agency of Natural Resources for the following reasons: 1. This property Is the subject of Subdivision Permit No. _ and la In compliance with said permit, or 2. This property and any retained parcel Is exempt from the subdivision regulations because (see Instructions for exemptlons): a. Parcel to be sold: Exemption Number Number of acres b. Parcel rstalned: Exemption Number Number of acres Please contact the district office In your area to determine compliance with Act 250. (See map on page 26.) Seller(s) further certifies as follows: D. That this transfer of real propurty end any development thereon is In compliance with or exempt from 10 V.S.A. Chapter 151, Vermont's Land Use and Development Law (Act 2 0), for the following reason: 1. This property Is the subject of Act 250 Permit No. and Is In compliance with said permit, or 2. This property Is exempt from Act 250 because: (list exemption number from Instructions) E. That this transfer does does not (strike one) result In a partition or division of land. Note: If it does, an AcL 250 Disclosure Statement must be attached to this return before filing with the town clerk. WITHHOLDING CERTIFICATION ❑ Buyer(s) certifies that Vermont Income tax has been withheld from the purchase price and will be remitted to the Commissioner of Taxes with Form REW-1 within 30 days from the transfer, OR that the transfer Is exempt from Income tax withholding for the following reason (check one): ❑ 1. Seller(s) certifies that at that time of transfer, each seller was a resident of Vermont or an estate. ❑ 2. Buyer(s) certifies that the parties obtained withholding certificate no. from the Commissioner of Taxes In advance of this sale. ❑ 3. Buyer(s) certifies that this is a transfer without consideration. (See instructions for Form REW-1.) ❑ 4. Seiler(s) Is a mortgagor conveying the mortgaged property to a mortgagee Ina foreclosure or transfer In Ileu of foreclosure, with no additionalconsideration. WE HEREBY SWEAR AND AFFIRM THAT THIS RETURN, INCLUDING ALL CERTIFICATES, IS TRUE, CORRECT AND COMPLETE TO THE BEST OF OUR KNOWLEDGE SELLER(S) SIGNATURE(S) DATE BUYER(S) SIGNATURES) DATE N z Preparer's Signature Preparer's Address 239 S . Union S L , PO Box 986 Burlington, VT 05402-0986 Prepared by Buyer's Representative_ Tel. (Print or Type) nvvp a cupy ui a na —U... — r..... WARRANTY DEED KNOW ALL MEN BY TIESE PRESENTS THAT OAK CREEK INVESTMENTS, a Vermont Limited Partnership with principal offices in the City of South Burlington, in the County of Chittenden and State of Vermont, Grantor, in the consideration of TEN AND MORE DOLLARS paid to its full satisfaction by CITY OF SOUTH BURLINGTON, a municipal corporation, in the County of Chittenden and State of Vermont, Grantee, by these presents, does freely GIVE, GRANT, SELL CONVEY AND CONFIRM unto the said Grantee, City of South Burlington and its successors and assigns forever, a certain piece of land in the City of South Burlington, in the County of Chittenden and State of Vermont, described as follows, viz: That portion of Fox Run Lane depicted on a plan entitled "Oak Creek Village, South Burlington, Vermont, Final Plat" dated August 1987, by Fitzpatrick -Llewellyn, Incorporated and recorded in Map Book 252 at Pages 15- of the Land Records of the City of South Burlington, which commences at the northerly extension of the easterly boundary of Lot 98 as depicted on the aforementioned plan and proceeding in a generally westerly direction to its termination at the easterly boundaries of Lots 106, 107 and 108 as depicted on said plan. Being a portion of the land and premises conveyed to the within Grantor by the Warranty Deed of Vermont Structural Steel Corporation dated December 11, 1986 and recorded in Volume 218, at Page 392 of the Land Records of the City due and payable, which have been prorated as of the date of closing and which the Grantee accordingly assume and agree to pay; and it does hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, OAK CREEK INVESTMENTS hereunto set its hand and seal this A .z— day of September, A.D. 1995. IN THE PRE'k I'd A '-T 774 F: STATE OF VERMONT COUNTY OF CHITTENDEN, SS. OAK CREEK INVESTMENTS A Vermont Limited Partnership By: LDB, INC. General Partner By: _ Mervin Brown Duly Authorized Agent At South Burlington, this �� day of September A.D. 1995 MERVIN BROWN, duly authorized agent of LDB, INC., General Partner of OAK CREEK INVESTMENTS, personally appeared, and he acknowledged this instrument, by him sealed and subscribed to be his free act and deed and to be the free act and deed of Oak Cre Investments. Before me, Notary Public 7) F: \WP51 \DOCSU DF\OAKTOCSB. WD 1 FITZPATR ICK- LLEWELLYN INCOR, )ATED Engineering and Planning Services One Wentworth Drive WILLISTON, VERMONT 05495 (802) 878-3000 TO -r � (mac-.�-� •t� � Su r3t��Lln1 io�Ut`1 SIT WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via ❑ Shop drawings ❑ Prints QL Plans n Copy of letter ❑ Change order ❑ COPIES DATE % l I ] ll� JOB NO- 9/•Z I V ATTENTION - e_ RE: A G� L (.A5 • �r5 ❑ Samples the following items: ❑ Specifications DATE NO. DESCRIPTION to r — — , wt 2s� � L�-, w1Is `t5- IlI 1 5�1 of Yt 4Z C 0P,.f_-S I I II SL Aft RAr43MITTED as checked below: O I or approval ,d jor your use r d As reclllested For review and comment ' 1:3 FOR BIDS DUE REMA ❑ 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 1r�1� FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive • Williston • Vermont • 05495 • (802) 878-3000 October 7, 1994 Mr. Joseph Weith City Planner City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: Oak Creek Village - Fox Run Lane Right-of-way Project #: 87136 Dear Mr. Weith: This is to confirm our telephone conversation on September 29, 1994 regarding the modification to the location of the curb line from approximately station 14+30 - 15+75 along Fox Run Lane. As a review, this section of roadway was designed to include a reverse curve at the above - mentioned stationing. The contractor constructed the curb (left of the centerline) on a tangent from approximately station 14+30 - 15+10, thus relocating the curb line ranging approximately 0 - 6 feet north of the design location. Although the curb line was still located within the roadway easement, it narrowed the distance to less than 15 feet from the curb line to the right-of-way line along Lot 109 within this section of roadway. In order to maintain the designed 15 foot Separation from the curb line to the right-of-way line the curb would need to be removed and reset in accordance with the design drawings. Another option would be to adjust the right-of-way line in this section of roadway to run parallel with the curb line at a distance 15 feet north of the present curb line. In addition the area of lot 109 would need to be recalculated and revised accordingly. Obviously, a third option would be to have the configuration as constructed with the present lot lines. It is our understanding that the City of South Burlington staff have decided to leave the curb line location as constructed. At that point, the contractor proceeded to install the remainder of the curb in this area. Design 0 Inspection 0 Studies 0 Permitting 0 Surveying Joe Weith October 5, 1994 File: 87136 Page Two We have discussed with you the necessity to update the present plat to reflect the as built conditions and the necessity to adjust the right-of-way. You indicated the City has decided to leave the right-of-way line along Lot 109 beginning at approximately station 14+30 - 15+10 (left of the centerline) as indicated on the design drawings, leaving this section of roadway with less than a 15 foot separation from curb line to right-of-way line. Per our discussion we will not revise or refile any plans or plat to reflect these field changes. Should you have any questions, or feel this does not reflect our conversation, please do not hesitate to contact us. Sincerely, FiTZPATRICK-LLEWELLYN INCORPORATED A im P. Bergeron cc. Mery Brown 87136.WPDftpb FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Vol. I U M wYMM M MAR A Y Y UY YIJ ' M EftEN} U 1 OAK CREEK INVESTMENTS, a Vermont Limited partnership with principal offices in South Burlington in the Coun and State of Vermont ty O f Chittenden Grantor , in the consideration o/--------------------------------Ten and more------------------------------ paid to its full satisfaction by Ilollars CITY OF SOUTH BURLINGTON, a municipal corporation and State of in the County of Chittenden Vermont Grantee by these presents, do Aeely 15W. I%rsttl Bill QlMtVtp Anb 1Zanfirm unto the said Grantee CITY OF SOUTH BURLINGTON, and its successors and assigns certain piece of land in XXXX forever, a the City of South Burlington in the foil myws, z; Chittenden and State of Yermont, described as A parcel of land depicted as "OPEN SPACE AREA - 6.17 ACRES" on a plan entitled "Oak Creek Village, South Burlington, Vermont, Final Plat" dated Aug. 1987, last revised _ N/A by Fitzpatrick -Llewellyn, Incorporated and recorded in Map Book 252 at Page 15of the Land Records of the City of South Burlington. The parcel of land herein conveyed shall be maintained by the within Grantee and its successors and assigns, in a natural or landscaped state, and no structures shall be constructed or maintained thereon. This conveyance is subject to the right of the occupants of the dwellings in Oak Creek Village to use that area depicted on the aforementioned plan as "15' x 90' MAILBOX EASEMENT" for the maintenance of mailboxes. Being a portion of the land and premises conveyed to the within Grantor by the Warranty Deed of Vermont Structural Steel Corporation dated December 11, 1986 and recorded in Volume 218 at Pages 392-394 of the Land Records of the City of South Burlington. Reference is hereby made to the aforementioned instruments and the records thereof and the references therein made all in further aid of this description. TO linur anb to BUD said granted premises, with all the prii im and ap- p.artenances thereof, to t., said Grantee , CITY OF SOUTH BURLINGTON, and its successors and assigns to their own use and behoof forever; Rnd the said Grantor, OAK CREEK INVESTMENTS, for itself and its successors and assigns 1 do covenant with the said Grantee CITY OF SOUTH BURLINGTON, and its successors and assigns hjUXYAXAkXXAiiVU, that until the ensealing of these presents it is the sole ourner of the premises, and have -rood ridht and title to convey the same in manner aforesaid, that they are 3ret Yrota EttrrV Enntutbrumv; except as stated above; and it hereby engage to Warrant Anb Erfrnb the same against all lawful dairnm,s whatever, except as stated. 311 Isttnres #hrreof. I hereunto set my hand and seal this 28th day of October ✓1. D. 1989 0it�Irr5rnrr of #tair (Of Illmnanl. ee lit Burlington tlti4 gonnig of Chittenden 28th day of October .4. D. 1987 Mervin Brown, duly authorized agent of LDB, INC., the general partner of Oak Creek Investments personally appeared, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed. and the free act and deed of LDB, Inc., the general partner of Oak Creek Investments and Oak Creek Investments. Before me Notary Publi Venm t property Transfer Tax 32 V. S. A Chap. 231 -ACKNOWLEDGEMENT- YE L=UK.W&DNWAta1t KM Ream Np 17 9 D- f�.Ruw& Clerk Date W U GoQ7 - Y D: w U F H o z w Z > H a a� O Z U Ki i Q) cr' Q H O Z rr 0 Y W U % o W J U w T 0: I l3\ O 0 Q Q m MIA W w LL. W Ir W V) W 0 N Q � J o WW Q YNQ to v d5 Z ~ 0 Z W z F Jos: 0 > LL N 00 YwZ O N J (L 7 (n m Vol. i Paged k mr) nip nnri innI:KiT Vol• 254 Page 47. KNOW ALL MEN BY THESE PRESENTS, that OAK CREEK INVESTMENTS, a Vermont Limited Partnership, with principal place of business in South Burlington, in the County of Chittenden and State of Vermont, Grantor, in the consideration of Ten and More ($10.00) Dollars paid to its full satisfaction by THE CITY OF SOUTH BURLINGICN, in the County of Chittenden and State of Vermont, Grantee, by these presents does freely give, grant, sell, convey and confirm unto the said Grantee, THE CITY OF SOUTH BUIUING'IUN, and its successors and assigns forever, a certain piece of land in South Burlington, in the County of Chittenden and State of Vermont, described as follows, viz: Being a vacant parcel of land consisting of 28.25 acres of lard, more or less, which parcel is located northerly of the Oak Creek Village Subdivision in the City of South Burlington, and is more particularly described as follows: Beginning at a point marked by a concrete monument, which point is located 1049.35 feet westerly of Hinesburg Road, so-called, along the boundary of line of lands of the within Grantors and lands now or formerly owned by Rye; thence proceeding in an easterly direction N 830 49'28" E a distance of 157.46 feet, more or less, to a point, thence proceeding N 82 24'33"E a distance of 179.81 feet, more or less, to a ! ;� point; thence proceeding N 89 34'01"E a distance of 802.36 feet, more or less, to a point in the boundary line of property now or forngrly owned by Calkins; thence turning to the right and proceeding N 6 25'09"W a distance of 1015.90 feet, more or less, to a point marked by a concrete monument; thence, turning to the right and proceeding S 820 33127"W a distance of 1144.77 feet, more or less, to a point mar" by a concrete monument; thence, turning to the right and proceeding S 5 56119E a distance of 1117.05 feet, more or less, to the point or place of beginning. Being all of Parcel B as depicted on Plat of Subdivision of Lands of Oak Creek Investments, dated September 1987, prepared by Fitzpatrick -Llewellyn, Inc., as appears of record in Plat Volume 200 at Page 90-94 of the Land Records of the City of South Burlington. Being a portion of all and the same lands and premises conveyed to Oak Creek Investments by Warranty Deed of Vermont Structural Steel Corporation dated December 11, 1986, which appears of record in Volume 218 at Pages 392-394 of the Land Records of the City of South Burlington. In accordance with the terms and provisions of Land Use Permit No. 400694 dated December 22, 1986, which appears of record in Volume 250 at Pages 415 of the Land Records of the City of South Burlington, Grantee hereTin, its successors and assigns, shall maintain the agricultural potential of the retained primary agricultural soils by, at a minimum, towing the areas containing these soils at least once a year. Reference is hereby made to the above mentioned deed and permit, the records thereof and the references therein contained, all in further aid of this description. TO HAVE AND TO HOLD the said granted premises, with all the privileges and appurtenances thereof, to the said Grantee, The City of South Burlington, and its successors and assigns, to its own use and behoof forever; and it the said Grantor, Oak Creek Investments, does for itself and its successors and assigns, covenant with the said Grantee, The City of South Burlington, and its successors and assigns, that until the ensealing of these presents, it is the sole owner of the premises, and it has good right and title to convey the same in manner aforesaid, that they are free from every encun brance; except as aforesaid, and except any easements, rights of way or other restrictions of record, if any, and it hereby engages to Warrant and Defend the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, it, Oak Creek Investments, hereunto sets its hand and seal this 2 C,It day of October, 1987. IN THE PRESENCE OF OAK CREEK INVES MENTS BY: LDB, INC., GENERAL PARTNER Duly Authorized Agent STATE OF VEMONT COUNTY O CHI EN At this day of October, 1987, personally appe Duly Authorized Agent of LDB, Inc., the general o Oak eek Investments, a Vermont Limited Partnership, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed, and the free act and deed of IDB, Inc. and Oak Creek Investments.�r:�, ____j Vermont Property Transfer Tax 32 V. S. A. Chap. 231 -ACKNOWLEDGEMENT. itlVIIN AIC'D • TAX PAID • 4WD OF M(AUN CUT. 4WD YT. WD Ut! & D1V1WIY[NT RAIIII ACT, CUT. UO'D Return No.�10A51� SignedClark DBte-- State of Vermont LAND USE PERMIT ADMINISTRATlkl: AMENDMENT Case No. #4C0694-A Name: Oak Creels InvesY:ment.s Address: 200 Twin Oaks Terrace Suite 1 South Burlington, VT l ClIQ : wk.uk�-V ti d dddd J w S-kC't <,A<:Q I MiA4 &*-kN I.,awslRegulation 10 V.S.A., Chapter 1.51 (A(--t 250) District Environmental Commission #4 hereby issues a Land Use Permit Amendment, #4C0694-A pursuant to the authority vested in it in 10 V.S.A., Chapter 151. This permit amendment applies to the lands identified in Booh 218, Page 392-394, of the land records of South Burlington, Vermont, as the subject of a deed. to Oak Creek Investments, the "Permitt.ee as grantee". This permit, specifically incorporates Exhibit #117 which requires the grantee herein and its successors and assigns to maintain the agricultural potential of the retained primary agricultural soils by at: a minimum, mowing the areas containing these soils at least once a year. The Permittee, and its, assigns and successors in interest, are obligated by this permit to complete, operate, and maintain the project as approved by the District Commission in accordance with the following conditions: 1. All conditions of Land Use Permit #4C`0694 are in full force and effect. 2. Failure to comply with all of the above conditions may be grounds for permit revocation pursuant to 10 V.S.A. Section 6090(b). Dated at Essex Junction, Vermont, 1987. gwg tliis�{a,. of October, B eoff ey Green, Assistant District Coordinator City of' South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 f TEL. (802) 65&7953 October 25, 1988 Vermont Department of Agriculture 103 South Main Street Waterbury, Vermont 05676 Attn: Ms. Amy Justice Dear Amy: OFFICE OF CITY MANAGER WILLIAM I. SZYMANSKI About two years ago, the City of South Burlington, as part of a future 300 acre park off Dorset Street, purchased about 70 acres of the Brand Farm and about 28 acres from Mery Brown (LDB Development, File 86030). In the purchase agreement with Mr. Brown, the City agreed to try to transfer development rights from other City owned properties to Mr. Brown so that he could develop an additional 7.2 acres that was designated as prime agricultural soils and were not to be developed. My question is: Can the City transfer development rights for about 8 acres of the former Brand farm to Mr. Mery Brown so that he could develop 7.2 acres, which was part of his original plan approved by the City? The City's plan for the 8 acres is passive recreation, mainly ballfields. The 8 acres are located along Dorset Street and have been used for growing crops, mainly corn and hay. Your cooperation in this matter is appreciated. A location map is attached. Very truly yours, William J. 'zymanski City Manager WJS/b cc: Mery Brown 0 o i Ism (Wf,9ht Cl 1 V ave� I m �00 p --� nfOUly PkW ave. a �n E f � 0 find 3 Af s Jeff. !9 _ oro cross fa. ` n'a 1-%tv Qrot.Ae\ mer P van su:M,en —fA W I L L I S T 0 N 3 O E `E Uwrl ht ct avet_l grout p,W o terr. I oid cross rd. . u t m van sickle x J >j Y O I dLP � W I LLISTON Oak Uwe' UAb� State of Vermont lfi • SUBDIVISION PERMIT LAWS/REGULATIONS INVOLVED CASE NO. EC-4-1060-4 Environmental Protection Rules APPLICANT Oak Creek Investments Effective September. 10, 1982 ADDRESS 1350 Shelburne Road Suite 200 South Burlington, VT 05403 This project, consisting of reducing the number of residential lots approved in permit EC-4-1060 from 11.5 to 11.3, and to provide the final lot, road layout for Oak Creek Village located off Vermont Route 11.6 in the. City of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. This Permit does not constitute Act 250 approval. under Case Number. 4CO694. GENERAL (1.) The pro.iect shall be completed as shown on the p1.a.ns Project. Number 87062 Sheet 1. of 23 "Overall Site Plan" dated Sept. 1986 last revised 8/3/93; Sheet 2 of 23 "Site & Utility Plan" dated July 1.987 last revised 8/3/93; Sheet. 1.0 of 23 "Street E" dated July 1987.last revised 8/27/87; and Sheet 1.3 of 23 "Typical. Details Site Facilities" dated July 1.986 last. revised 8/13/87 prepared by FitzPatrick-Llewellyn, Inc. and which have been stamped "approved" by the Wastewater Management Division. The project shall not deviate from the approved plans without prior written approval. from the Wastewater Management Division. (2) This project has been r.evietaed and is approved for the construction of one single family residence on each of the approved Lots No. 1. through 11.3. Con strite t:i_on of other type dwellings, including public bt.tiidings, duplexes, and condominium units, Is n.ot allowed wit,hottt prior review and approval by the Division of Protection, and such approval will riot be granted unless the pronosa.l_ conforms to the applicable laws and regulations. ( 3) The Open Land identified as Tots A, bei n�� f5 . 1 7 acres. f,ot:. R being 0.35 acres, Lot, C" being 1.56 acres and Lot. D bei_ng 9.44 acres are riot partof t;Ia. he 113 otapproved for the construction of sine;lP fami.IN, residences. No construction on each, Lot. A,R,;", or D of ark strttct.ttre, the tasefttl occupancy of which regtii.res the insta..lIat. i_on of interior p I umbi ng or sewage t reatmC=ri i. fate i I i t, i es i s a 1 I owed w i t.IIott I-. first receiving written permission from the Agency of Natural. Resources. Subdivision Permit EC-4-1060-4, Oak Creek Investments ',Page 2 (4) The conditions of this permit shall run with the Land and will be binding upon and enforceable against the permittee and all. assigns and successors in interest. The permi.ttee shall be responsible for the recording of this permit and the "Notice of Permit Recording" in the City of South Burlington Land Records within 30 days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. (5) All. conditions set forth in Suhdi.visi_on Permits #EC-4-1060 dated 12/22/86, EC-4-1060-1 dated March 11, 1988, EC-4-1060- 2 dated June 3, 1.988 and EC-4-27, 1991 shall remain in effect except as modified or amended herein. Dated at Essex Jct., Vermont this 17th day of December, 1993. Jack Long, Commissioner Department of Environmental. Conservation Fj y ` y.`. Ernest P. Christianson Regional Engineer cc: For the Record Ci+y- of Sot.tth BIIrL.inP�tnr1- PI ing Commi.ssi.ort City of South Burlington Selectmen Act 250 Coordina,t.or-Louis Borie Water Supply Division Dept.. of Labor and Industry Dept. of Health FitzPa.tri.ck-Ll.ewell.yn, ine. Oct Crp-e, Districts #1 & #8 RR #2, Box 2161 Pittsford, VT 05763 (802) 483-6022 Districts #2 & #3 RR #1, Box 33 N. Springfield, VT 05150 (802) 886-2215 Districts #4, #6 & #9 111 West Street Essex Junction, VT 05452 (802) 879-6563 M E M O R A N D U M STATE OF VERMONT Environmental Board District Environmental Commission TO: Interested Parties FROM: Louis Borie L3 District #4 Coordinator DATE: February 7, 1994 SUBJECT: #4C0923-1, City of South Burlington District #5 324 North Main Street Barre, VT 05641 (802) 479-3621 El District #7 184 Portland Street St. Johnsbury, VT 05819 (802) 748-8787 ❑ Environmental Board Office 120 State Street Montpelier, VT 05620-3201 (802) 828-3309 The City of South Burlington (the City) has submitted an application to amend Land Use Permit #4C0923, which authorizes the City to construct Phase I of a municipal park on Dorset Street (the Park). The proposed amendment seeks to permanently restrict the use of 14.4 acres of land within the park to protect and preserve primary agricultural soils. This 14.4 acres of protected soils will serve to mitigate the impacts of developing 7.2 acres of primary agricultural soils in the Oak Creek Village development, which is subject to Land Use Permit #4C0694. This application is being reviewed pursuant to Board Rule 34(C). No hearing will be held unless this office receives a request for a hearing from the City of. South Burlington, the Chittenden County Regional Planning Commission, a state agency, or an interested party. Such a request must be in writing and must be received by the District Environmental Office on or before February 21, 1994. Such a hearing request must state with specificity why a hearing is being requested and what evidence will be presented. Copies of the application are on file at the City of South Burlington municipal offices, the office of the Chittenden County Regional Planning Commission, and the District Environmental Office. If you have any questions, please contact me at the telephone number/address above. ,_ �� + ••�•' ,yam• <�`��ll �` �, �,r T.+ ND) PT t r "4 �(r : 14.4 OTC C@,j -_ .--..-.- r :-.�-:�./ .-., _ � • I/ � / ' i r�' � , //� £ - 1 p h {� A. it�I . l i �' ,f� ��, , `\ �\ �, ;, ,; Dui•, / i � •� , ,,,jjj�� I f u oI % 0 [�oRsrr srk[[r PARK SOUTH IIURI.IN(;TON. VERMONT Cn n, �..:,a, m.bo<: r, . r mrr, oWr,.. •°•-.—r_— ,v,\STIR PLAN :.....—..,.... ....., ... x-n CERTIFICATE OF SERVICE I hereby certify that I, Edie Bowen, Administrative 'Secretary for the Environmental Board, sent a copy of the foregoing MEMORANDUM TO ALL INTERESTED PARTIES REGARDING ;APPLICATION #4C0923-1, by U.S. Mail, postage paid, on this 7 day of February, 1994 to the following: PARTIES: Steven F. Stitzel, Esq. Stitzel & Page, P.C. 171 Battery Street Burlington, Vermont 05401 Margaret Picard, City Clerk Chair, Selectboard Chair, City Planning Commission �}City of South Burlington 1575 Dorset Street. '''South Burlington, Vermont 05403 Chittenden County Regional Planning Commission P.O. Box 108 Essex Junction, Vermont 05453 Kurt Janson, Land Use Attorney Agency of Natural Resources 103 South Main St. - 2 Center Waterbury, Vermont 05676 FOR YOUR INFORMATION District #4 Environmental Commission John Collins/Jack Drake/Thomas Durant Visser 111 West Street Essex Junction, Vermont 05452 RD Crawley, District Conservationist Soils Conservation Service 12 Marketplace, Unit 9 Essex Junction, Vermont 05452 Tom Bushey, Chairman, N.R.C.D. 41 Pond Road Shelburne, Vermont 05482 William Hall, County Forester Larry Garland, District Fish & Wildlife Coordinator Agency of Natural Resources 111 West Street Essex Junction, Vermont 05452 Page 2 Certificate of Service #4C0923-1 Stuart Slote, Energy Engineer Department of Public Service Energy Efficiency Division ;State Office Building Montpelier, Vermont 05620 David W. Grimason Green Mountain Power Corporation P.O. Box 850 ':South Burlington, Vermont 05402-0850 Scott Albertson Vermont Gas Systems .'P. O. Box 467 "Burlington, Vermont 05402 `'ADJOINING LANDOWNERS - All addresses are South Burlington, Vermont 05403 unless otherwise indicated. - A&G Investments, 25 Pinecrest Drive, Essex Junction - Oak Creek Investments, 1350 Shelburne Road, Suite 200 - Janice & Russell Hill, 835 Hinesburg Road - Dean Economou, Economou Farms, Inc., 984 Notchbrook Road, Stowe - Neil & Jennifer Hyman, 11 Iris Lane - Michael & Andrea Orlyk, 15 Iris Lane - Homestead Design, Inc., 363 Williston Road, Williston - John & Debra Cauld, 17 Iris Lane - Stephen & Heidi Kramer, 23 Iris Lane - Michael Simoneau & Geri Reilly, 33 Iris Lane - Mark & Sandra Dupuis, 35 Iris Lane - Leon Emmons, 890 Dorset Street - Alan Bartlett & Gerald Milot, 25 Pinecrest Drive, Essex Junction - State of Vermont, Agency of Transportation, 133 State Street, Administration Building, Montpelier - David Greenberg, Temple Sinai, 200 Battery Street, Burlington - Isadore Myers Estate, c/o Peter Jacob, Esq., 205 Dorset Street - Faith Methodist Church of South Burlington, 899 Dorset St - William & Edith Robenstein, 909 Dorset Street - John & Sandra Dooley, 44 East Terrace - Lance & Amy Llewellyn, 24 Mill Pond Lane - Mery & Barbara Brown, 50 Moss Glen Lane - Craig & Nancy Ignaszewski, 52 Moss Glen Lane - Stephen & Donna Vock, 54 Moss Glen Lane - William & Gay Craig, 56 Moss Glen Lane - Arthur & Lexie Rye, 1075 Hinesburg Road - Michael & Della Hertzberg, 21 Iris Lane Page 3 Certificate of Service #4C0923-1 Adjoining landowners continued: - Gary & Susan Ducharme, 25 Iris Lane - Raymond C. Dion, 27 Iris Lane - Diane M. DeMage, 29 Iris Lane - Matthew & Lori Smith, 31 Iris Lane - Dennis & Carol Lutz, 9 Lupine Lane - Rich & Darcy Newman, 11 Lupine Lane - Shia Shek Yee & Lai Ying, 15 Lupine Lane - Peter & Patricia Kvam, 19 Lupine Lane - Arthur & Mildred Beck, 21 Lupine Lane - Christine & Harry Harrison, 23 Lupine Lane - Gerald Milot, P.O. Box 4193, Burlington Dated at Essex Junction, Verm this 7 day of February, 1994. ie Bowen CS4C0923/eb State of Vermont LAND USE PERMIT AMENDMENT CASE NO: 4C0694-3 LAAS/REGULATIONS INVOLVED 10 V.S.A., Chapter 151 APPLICANT: Oak Creek Investments (Act 250) ADDRESS: 1350 Shelburne Road South Burlington, VT 05403 District Environmental Commission #4 hereby issues Land Use Permit Amendment #4C0694-3, pursuant to the authority vested in it by 10 V.S.A., Chapter 151. This permit amendment applies to the lands identified in Book 218, Pages 392-394, of the land records of the City of South Burlington, Vermont, as the subject of a deed to Oak Creek Investments, the "Permittee" as "Grantee". This permit specifically authorizes the Permittee to construct 1,200 feet of road and utilities to serve 17 single family lots on 7.2 acres in a -eviously approved development off of Hinesburg Road ; uth Burlington known as Oak Creek Village, bringing the to, umber of lots to 113. Mitigation of the site's 7.2 acres agricultural soils will take place on 14.4 acres of land owne, -)y the City of South Burlington off of Dorset Street in South Burlington, Vermont. The Permittee, and its assigns and successors in interest, are obligated by this permit to complete, operate and maintain the project as approved by the District Commission in accordance with the following conditions: 1. All conditions of Land Use Permit #4C0694-3 and amendments are in full force and effect except as amended herein. 2. The project shall be completed, operated and maintained as set forth in accordance with the plans and exhibits stamped "Approved" and on file with the District Environmental Commission, and in accordance with the conditions of this permit. No changes shall be made in the project without the written approval of the District Environmental Commission. Land Use Permit #4CO694-3 Page 2 3. The District Environmental Commission maintains continuing jurisdiction during the lifetime of the permit and may periodically require that the permit holder file an affidavit certifying that the project is being completed, operated and maintained in accordance with the terms of the permit. 4. By acceptance of this permit, the Permittee agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental and health statutes and regulations and with this permit. 5. By acceptance of the conditions of this permit without appeal, the Permittee confirms and agrees for itself and all assigns and successors in interest that the conditions of this permit shall run with the land and the land uses herein permitted, and will be binding upon and enforceable against the Permittee and all assigns and successors in interest. 6. This permit hereby incorporates all of the conditions of the Subdivision Permit #EC-41060-4 issued on December 17, 1993 by the Regional Engineer, Division of Protection, Agency of Natural Resources. 7. No construction on roads and utilities shall begin until the City of Burlington amends Land Use Permit #4C0923 to set aside 14.2 acres of agricultural soils for mitigation of the 7.2 acres to be developed, as shown on Exhibit #16. 8. No further subdivision and/or development of any parcel of land approved herein shall be permitted without the written approval of the District Commission. 9. All construction on this project must be completed by October 15, 1996. 10. This permit shall expire on October 15, 2023 unless extended by the District Commission. Notwithstanding the latter date, this permit shall expire two years from date of issuance if substantial construction has not occurred, unless construction is delayed by litigation to secure other permits. 11. Failure to comply with all of the above conditions may be grounds for permit revocation pursuant to 10 V.S.A., Section 6090(b). Land Use Permit #4CO694-3 Page 3 Dated at Essex Junction, Vermont, thisaORday of December, 1993. By JoCcjl ins, Chairperson 4�7'jam,, Dis is 4 Commission un 0 ' 1 Commission members Faith Ingulsru participating in this District Coordinator decision: John C. Drake Thomas D. Visser EXHIBIT LIST FOR APPLICATION # 4C0694-3 PAGE # I E DATE E A = APPLICANT X N T = TOWN H R T EC = ENVIRONMENTAL CONSERVATION I E E TPC = TOWN PLANNING COMMISSION B C R RPC = REGIONAL PLANNING COMMISSION I E E ANR = AGENCY OF NATRUAL RESOURCES T I D AOT = AGENCY OF TRANSPORTATION V DPS = DEPARTMENT OF PUBLIC SERVICE N E B VDH = VT DEPARTMENT OF HEALTH O. D Y NATURE OF EXHIBIT DATE ENTERED 1. 10/O1/93 A Act 250 Land Use Permit Application (09/07/93) 2 itItSchedule A - Fee Information 3 " Letter by Lance Llewellyn, Fitzpatrick -Llewellyn Incorporated to District Coordinator (09/07/93) 4 " Letter by Charles Hafter, City of South Burlington to District Coordinator (09/24/93) 5 Project Description 6 Schedule B - Act 250 10 Criterion Information 7 " Schedule E - Adjoiner Information 8 " " Schedule F - Certification of Service 9 " " Letter by Charles Van Winkle, Fitzpatrick -Llewellyn Incorporate( to District #4 Commission (08/19/87) 10 " " Act 250 School Impact Questionnaire for Residential Projects 11 Act 250 Municipal Impact Questionnaire 12 " " Schedule C - Application for Subdivision Permit 13 " Subdivision Permit #EC-4-1060 issued 12/22/86 14 " " Subdivision Permit #EC-4-1060-1 issued 3/11/88 15 " " Agreement Document (07/17/93) 16 Plan: TDR - Area Delineation (rev. 08/23/93) 17 " Plan: Overall Site Plan, Index of Sheets (rev. 08/03/93) 18 Plan: Site & Utilities Plan (rev. 12/11/89) 19 Plan: Site & Utilities Plan (rev. 08/03/93) 20 " Plan: Roadway & Utilites Profile Street "E" (rev. 08/27/87) 21 Plan: Typical Details Site Facilities (rev. 08/13/87) EXHIBIT LIST FOR APPLICATION # 4CO694-3 PAGE # 2 E DATE E A = APPLICANT X N T = TOWN H R T EC = ENVIRONMENTAL CONSERVATION I E E TPC = TOWN PLANNING COMMISSION B C R RPC = REGIONAL PLANNING COMMISSION I E E ANR = AGENCY OF NATRUAL RESOURCES T I D AOT = AGENCY OF TRANSPORTATION V DPS = DEPARTMENT OF PUBLIC SERVICE N E B VDH = VT DEPARTMENT OF HEALTH O. D Y NATURE OF EXHIBIT DATE ENTERED 22 10/01/93 A 23 " It 24 " it 25 26 " 27 11/02/93 AOT 28 11/05/93 ANR 29 11/12/93 A 30 11/15/93 " 31 1 12/20/93 1ANR Plan: Typical Details Site Facilities (rev. 08/13/87) Plan: Erosion Control Details (01/87) Plan: Erosion Control Plan (rev. 12/11/89) Plan: Erosion Control Plan (rev. 12/11/89) Plan: Revised Landscape Plan (rev. 11/22/89) Letter by Tod Ronson, Agency of Transportation to District Coordinator (10/27/93) Document: Entry of Appearance & Pre -Hearing Comments (11/04/93) Letter by Charles Van Winkle, Fitzkpatrick-Llewellyn Inc. to District Coordinator (11/11/93) with attachments Letter by Steven Stitzel, Stitzel & Page, P.C. to District Coordinator (11/12/93) with "Warranty Deed" and "Attorney's Report and Opinion on Title" attached Document: Subdivision Permit #EC-4-1060-4 (12/17/93) CERTIFICATE OF SERVICE II hereby certify that I, Marsha Cota, Secretary C Environmental Board, sent a copy of the foregoing (AMENDMENT #4C0694-3 by U.S. Mail, postage paid on IDecember, 1993 to the following: 'Oak Creek Investments (1350 Shelburne Road, Suite 200 (South Burlington, VT 05403 Lance Llewellyn & Charles Van Winkle FitzPatrick-Llewellyn Incorporated One Wentworth Drive Williston, VT 05495 jMargaret Picard, City Clerk jCharles Hafter, City Manager ;Chair, Selectboard (Chair, Planning Commission City of South Burlington 575 Dorset Street ;South Burlington, VT 05403 IChittenden County Regional Planning Commission P. O. Box 108 Essex Junction, VT 05453 Kurt Janson, Land Use Attorney Agency of Natural Resources 103 South Main Street, 2 Center Waterbury, VT 05676 FOR YOUR INFORMATION District #4 Environmental Commission John Collins / Jack Drake / Thomas Visser 111 West Street Essex Junction, VT 05452 Ernest Christianson, Regional Engineer Agency of Natural Resources 111 West Street Essex Junction, VT 05452 Donna Chandler Vermont Department of Health P. O. Box 70 Burlington, VT 05402 for the LAND USE PERMIT this 22nd day of Dated at Essex Junction, VT this 22nd day of December, 1993. By: _ 4C0694-3/#2 Marsha Cota City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 November 29, 1993 Lance Llewellyn FitzPatrick-Llewellyn, Inc. One Wentworth Drive Williston, Vermont 05495 Re: Oak Creek Easements Dear Mr. Llewellyn: ZONING ADMINISTRATOR 658-7958 This is in regards to the revised final plat mylars for Oak Creek Village which you have submitted for recording. Based on this review, our understanding is as follows: 1. The 10 foot drainage easements on lots #31, 32 and 33 are private easements which will not involve the City. 2. The 10 foot utility easement across lot #109 will be used to install a catch basin and underground pipe which will be connected to the City storm sewer system in Fox Run Lane. An easement deed will need to be secured by the City for this easement. You should check with Sonny Audette before designing this drainage system to be certain that it is of adequate size to serve the City's need. If our understanding is incorrect in any way, please let us know. S' erely, J e Weith, ty Planner JW/mcp DEDICATED TO THE CITY OF SOUTH BURLINGTON �I (RESTRICTED TO AGRICULTURE AND PASSIVE RECREATION) W 2.82 ACRES w 3R,; o 20'DRAINAGE EASEMENT 3'47' 00' a 30' UTILITY 0' EASEMENT l 19,29 7 SF / _. N 7• 35' 27" W_ 34885' N 7.35' W 20' UTILITY., / EASEMENT 23 7.00 N 111.85, { 107 -+ 106 17,581 SF 6 16,134 SF 3 A-54.34'03" OIL R-75 / m ?�S?y d=17.58'37" 9\ L,=71.34 "0 d=62.23'42" � R- 75.00' L=62. 5Q 106 ��\ L-81.68' i 87 CD 19,936 SF 15,872 SF d= 54.34'03 j f r3� C� .cCR 6 0 �\ Q J J OPEN 'Y / 28.25 ACRES 'W V O N 82. 24' 33" E 20' PEDESTRIAN ACCESS TO CITY PARKLAND (PARCEL B) AREA = 1092 SF R= 75 i iw 130.00 A L- 38.68' `r S 7 35'27'E N 7.35 27 W I / �i 0 10.00' �_ /44.42 I Z `` o �N82.24'33'E �0 88 �� N 5 27'rW M Z x �— 10.00' io 13,000 SF I + � N83. 49' 28'E '� 2E EASEMENT E� 't 105 o R-75.0034 54,71TlLITI' EASEMENT 130.00' -) 14,442SF oIN L=20.06' /'� S7.35'27"E • ' o ' d=54.05'06"I N 7.35 27 W I1i� I1a R-7 . I N83449 28 E 144.42' w " .80 89 •\, N7.35'27"W �iE �R 100�627" 43N 82* '33 36 = • E N L=106.36' 104 109 II17.05' 14, 442 SF p0 Epp w+ 21, 449SF 6T04 35' 90 Iw 8 N(A Ip N 82. 33' 36" E � 144.42' I �o+la� 140.42' MATCHLlNE N 7'35 27 W N7. 35 27 W SHEET 2 103 110 a *i _ I CERTIFY THIS SUBDIVISION TO BE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF GARY H. COE, LS, N m N MATCHLINE SHEET 2 N 7.35' 28"W 15Q02 �•' I 150.02' {�o �1T---,r• Z w N 7.35 27 W 300.04 N 70 35; 27 W 3 56 P :- h 16,722 SF ool co d■9 Q' ^1� I �''► al I� I �s200•„IlN dl p SIN OPEN I _16_7.06' • w I a r67,157 SF I w D '2EAS�E� L N 7.35'27"W `- w O � _ w 92.60' • 52.2; 115,0OPEN `2EASEMENT / N 7.35' 27" W 144.8' 68 SF oi oR4OO' -- L-40.11' 166.76' • r j N7.35'27"W 144.& NT"46'46"W i -- S�' 33" W 88.87' 55.9 21.15' �d=90°OQ--- 34 UI 12 N7•35�2%"W • Ra15.00 `CIO N 19. 16,612 SF 01 •1 • 150.00 L 23.56' d-89.48'41" al 00 N7.35'2T"W �1 L-z3.51' �1 w• ►50.05To 46 o N;o 15, 70 SF / 83 _ 1,223 151.48" J 10000SF 1,2 —e • 10 OWN ♦ s N 7 46 46' W Io 15,005 SIRMO0.0035' 2TTIM�� O� 16' n�N7.46'46"W 150.0S �� 3/ w 1 12151.19 N 7' 33S' 2 • °+ 455 71 R• 5' 15, 000 SF O' NI-4 13,753 SF L•23.61' � O O_ - �. �O O 20 DRAINAGE `�J 16,558 SF I I$ 15,005 SF bppi EASEMENT --�°D 20 DRAI NT E O ---- • • 149.92' N AL7 35 27"IM_� 72 N 7 -- 046947V W__ _ . 7 ��' LEGEND —N 7.46 47 W-- 1f_ 7. 3S' 97" W00 I ry OI G �� 32 0 0 37 44 o I r PER 16,5T4 SF O I IP 15,005 SF 815,000 SF I'P � �Iw 14D --- R.O.1 IQ' DRAINAGE IT 150. EASEMENT w N7.35'27"W • -- LOT -----165.50' ! 005' N7.46'47"W N7.35'27"W 43 • PRO 31 38 ■ PRO G EXI: a EXI: NEY. I1115193 ADD UTICITYEASENENT(ID') AEK 9r29/�12 ADD OIZ4NVA6E EI15E1M�7VT LOT�t a CAL AEY. N/IS/ I AD✓UST IWW RY LDTS 8 •S, TEND UTILITY EASENENT REV. /r/I//*? ADD O*A/NAfE EASENENT LOTS 84 • dd v- 7- 9s----- MIAll lv� Impar _ 1-1 .-, r k -/ 5=- 9 FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive • Williston • Vermont • 05495 • (802) 878-3000 J 11 November 1993 District 4 Environmental Commission c/o Ms. Faith Ingulsrud 111 West Street Essex Junction, VT 05452 Re: Oak Creek Village, 4CO694-3, application for transfer of development rights File: 87136 Dear Ms. Ingulsrud: Through the course of several telephone conversations, we understand the Commission is inquiring what, if any, conditions were placed on the Calkins land when it was purchased by the City of South Burlington. We reviewed the deed for the property and found that there are no restrictions governing the use of the land. A copy of the current deed enclosed. However, the City has proposed several conditions for the 14.4 acres involved with this Transfer of Development Right's (TDR) application should the proposal be granted a permit by the district Environmental Commission. These conditions are listed on the attached Exhibit A - Statement of Conditions. If a permit for this application is not granted, the restrictions listed on Exhibit A will be void. Although the lard is considered to be parkland, recreational facilities such as a hockey rink, tennis courts or a football stadium could be constructed on the land. We trust the enclosed responds to the questions the commission had regarding the Calkins parcel. Should you have any questions regarding the information provided, or in general about the project, please contact us at your convenience. Sincerely, FITZPATR/ICCK6.1'/ K-LLEW,ELLLYYN INCORPORATED Charles Van Winkle Project Manager cc: All Parties Design • Inspection 9 Studies 0 Permitting • Surveying MOV-10-93 WED 7:58 r UI RICHARD A, 4Po1'.cs JAMES D. FOLEY RICHARD F. PETERSON, JR. NAME: FROM: RE: SPOKES, FOLEY & PETERSON ATTORNEYS AT LAW 239 SOUTH UNION STREET P. 0. BOX 986 BURLINGTON, VERMONT 05402-0986 DATE: November 10, 1993 PLPASE DELIVER THE FOLLOWING PACPS TO: Charlie VanWinkle James D. Foley Oak Creek Permit amendment (802) 602.0451 (8021 863-2067 FACSIMILE 1802) 863-2960 Number of pagQ2 in Tranemiecion (including thin cover sheet) Original will not follow/Original will follow by: Tf you do not racciv© all aopico or copy is not legible, pleaze call (802) 862-6451 as goon as possible. to °-P RESTRSCTIONS WHICH THE CITY OF SOUTII DURLINGTON WOULD E ON THE CAULKINS PROPERTY FTATCnfr-NT OF CONt'1 r-STIALITS' THISTRAi7SMISSIONCONTAINSPRIVif,I?0EDAIM CONFIDF,\,-rIAT INFORU-,'IIONINTENDEDONLYFORT)fP_ADDRL'CS1MNAMEDABOVE. USE, DISCLOSURE OR DISTRMUTION BY ANY OTHER PERSON OR LNTTT'Y IS PROHIBITED. SF YOU HAVE IiL'(,`EIVED THIS TRANSMISSION BQ ERROR, PLEASE PROMF' LY CALLUS COLLECT AT THE TELEPHONE NUMBER LISTLD ABOVE, NOV-10-931-11E0 758 P.02 STTTZEL & PAGE, P.C. ATTORNEYS AT LAW 771 BATTERY STREET BURLINGTON, VERMONT 05401 �aUzl 80i1-:S;S;S (l'O10EiTDD1 PAX IBM 680-96f E OF COCINM ARTHUR W.C£RNOSIA 3TEVEN F. STITZEL PATTI R. PAGE* DIANNE L. KENNEY {•ALBS AIDMII'MD IN h-1(3 Junes James D. F01ey, Esq. Spokes, Foley & Peterson PD BoX 986 Burlington, VT 05402-0966 Re: Oak Creek Property Dear Jim: At its meeting on June 7, 1993, the South Burlington City council will consider the request of Mery Frown to place development restrictions on approximately 14.4 acres of the Calkins farm property to al?ow development cF approximately 7.2 acres in the Oak Creek Subdivision. The City is still waiting to receive a survey identifying the specific 14.4 acres to be restricted. The City will consider imposing the restrictions set forth in Exhibit A attached. The City will d160 consider whether it is willing to restrict 14.4 acres at this time when its original agreement with oax Creek Investment required restricting only 7.2 acres. Very trulyASti rs^ Steven F. SF S/mtlm Enclosure cc: Charles Hafter L:\SON1105.cor MOV-10-93 WED 7:59 N. Ud STATEM13VT OrCONDITIONS A. There shall be no construction or placing of any buildings or structures of any kind, temporary or permanent on the property except that the City of South Burlington shall have the right, subject to the written approval of the District Environmental Commission, to construct permanent rnoreational paths and picnic areas. B. There shall be no filling, excavating, dredging, mining or drilling, removal of topsoil, sand, gravel, rock, mineral;u or other materials, nor any building of roads or change in the topography of the land in any manner. C. Thera bhall lie lio clumping Of ashes, trash, garbage or other unsightly er urrurisive material, and no changing of the topography through the plaQ!Xlg ur bail or other substance or materials such as landriii. U. There shall be no operation of snowmobiles, dune buggies, motorcycles, all -terrain vehicles or any other types of motorized vehicles on the property. E. There shall be no activities or uses on the property which shall be detrimental or could be detrimental to drainage, flood control, water conservation, fish and wildlife or habitat preservation. I:\SON107.exa Race Recor ed ecorded 01 So. Burlington Attest: Margai Vol. /15.2f Pa ,3,,&,,3 Itolsu:R. R'mrnrs►:r Nrrcic. S AlIIIN1\ lnwun. 1/ Ire P.O. Boa 488 8-dovw% Vr o84o2 RCS OFFId EL199-2 at2L2.`zf°M on page- 3(n3_.'1.� y i Recor WARRANTY DEED Picard, City Clerk KNOW ALL PERSONS BY THESE PRESENTS, THAT Rona E. Calkins, acting through her attorney -in -fact Paul R. Calkins of the City of Burlington, in the County of Chittenden and State of Vermont, Grantor, in the consideration of TEN and MORE Dollars paid to her full satisfaction by the City of South Burlington, a Vermont municipality with its principal place of business ir. the City of South Burlington, in the County of Chittenden, and State of Vermont, Grantee, by these presents, does freely GIVE, GRANT, SELL, CONVEY and CONFIRM unto the said Grantee, City of South Burlington, and its successors and assigns forever, a certain piece of land in the City of South Burlington, in the County of Chittenden and State of Vermont, described as follows, viz: Being all the same lands conveyed to Ella Calkins, Rona E. Calkins and Harley D. Downing by Warranty Deed of Edward and Louisa Paya, dated Juno 10, 1943 and recorded id Book 13 at Page 423 of the Town of South Burlington Land Records. And being further the lands and premises conveyed to Rena E. Calkins by Quitclaim Deed of Ella Calkins and Harley D. Downing dated October 20, 1946 and of record in Volume 2? at Page 52 of the Town of South Burlington Land Records. Said property is believed to contain 100 acres of land, more or less, with all buildings situated thereon on the easterly side of Dorset Street. Reference is hereby made to the above montioned Instruments, the records thereof and reference therein contained, all in further aid of this description. TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the said Grantee, the City of South Burlington, and its successors and assigns, to -its own use and.behoof forever; and the said Grantor, Rena E. r_] r C. ��IM1iM-N1�N1•A.� n. I I i1:11". 1CmTn.1:.:f Y II: UNS Q .{NIIH,, W--' 411- P.e. ©o..6e lull QtOn, VT 05402 Calkins, acting by and through her attornoy-in-fact Paul R. Calkins, for herself and her.hoirs, executors and administrators, does covenant with said Grantee, the City of South Burlington, and its successors and assigns, that until the unsealing of these presents she is the sole owner of the premises, and has good right and title to convoy the same in manner aforesaid, that it is free from every encumbrance; except as stated above; and she hereby engages to warrant and defend the same against all lawful claims whatever, except as above stated. IN WITNESS WHEREOF, I hereunto set my hand and seal this day of S �c 1992. IN PRESENCE OF: W tness 11--' Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. I �J lkins by Paul R. Calkins, her attornoy-in-fact At SL_SlrrJ �r!_Q[ Al�C• ,� , this _.?/� day of 1992, Personally aPPearod Paul R. Calkins, attorno i for Rena E. Calkins, and he acknowlodgod this instrument, by him sealed and subscribed, to be his free act and deed and the free act and deed of Rona E. Calkins. � n Notary Public VWMW Rvparty Transfer Tax 32 V. S. A. Chap. 231 -ACKNOWLEDGEMENT- NMM Kcv.U: rw • 0C,w Of HENIH CM WM n L" ux 1 ma cP%m q'A.NS,CT an IICO Rehm No. Clc�k Date 1, 1-1 END of DOCUMENT va Pugh CERTIFICATE OF SERVICE I certify that I, Charles Van Winkle, Consultant for the applicant, sent a copy of the foregoing supplemental information by U.S. Mail, postage paid on this 12 day of November 1993, to the following: PARTIES Oak Creek Investments 1350 Shelburne Road Suite 200 South Burlington, VT 05403 Charles Hafter, City Manager City of South Burlington 575 Dorset Street South Burlington, VT 05403 Margaret Picard, City Clerk Joe Weith, City Planner Chair, City Council City of South Burlington 575 Dorset Street South Burlington, VT 05403 Chittenden County Regional Planning Commission P.O. Box 108 Essex Junction, VT 05453 Kurt Janson, Land Use Attorney Agency of Natural Resources 103 South Main Street, 2 Center Waterbury, VT 05676 Dated this 12 day of November 1993. Charles Van Winkle FIT7.PATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 November 3, 1993 Mr. Mery Brown Oak Creek Investments 1350 Shelburne Road South Burlington, Vermont 05403 Re: Mill Pond Lane Dear Merv: ZONING ADMINISTRATOR 658-7958 Be advised that the South Burlington City Council has accepted the final phase of Mill Pond Lane, a distance of 900 hundred lineal feet. By means of this letter, the City releases an escrow account established on December 1, 1992 in the amount of sixty four ($6400) hundred dollars. Please forward a copy of this letter to the Bank of Vermont. If you have any questions, please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp ESCROW ACCOUNT AGREEMENT -bETgT-R-&F--eRE-D-I-'P-AflH�-HEM THIS AGREEMENT, in triplicate, by and between Oak Creek Investments hereinafter referred to as "Developer", the CITY OF SOUTH BURLINGTON, hereinafter referred to as "Municipality", and Bank of hereinafter referred to as "Bank". Vermont W I T N E S S E T H WHEREAS, Developer has received site plan approval from the Municipality's Planning Commission for the construction of a Residential Subdivision as depicted on a plan entitled 87062 L. D. B. Development , dated Sept. 1986 , prepared by Fitzpatrick -Llewellyn, Inc. , and WHEREAS, Developer is required by said approval, at its own expense, to complete certain public improvements; and WHEREAS, the parties to this agreement wish to establish a mechanism to secure the obligations of the Developer as set forth above, and WHEREAS, the Bank executes this agreement solely in the capacity of issuer of the Letter of Credit hereinafter specified. NOW, THEREFORE, the parties hereby covenant and agree as follows: 1. Developer will at its own expenses complete the following improvements in connection with its development: (Description of public improvements required by subdivision approval) Install final 1" layer of asphalt on Mill Pond Lane, approximately 3,333 Square vards & miscellaneous clean-uD. 2. Developer will convey to the Municipality by properly executed Warranty Deed, free and clear of all encumbrances, the roadways, easements, and other public improvements prior to the Municipality granting any zoning permits to the developer. 3. The Developer shall complete the improvements set forth in paragraph one no later than July 1993 , 4. The Developer shall repair or replace 4.ny faulty or defective ;NDrk or improper material which may appear within nne year of completion. 5. For the guaranty of Developer's performance of all requirements hereinabove set forth, Developer and Bank agree that the sum of $(Amount set by planning commission or its designee) $6,400.00 shall be set aside and held in escrow by the Bank and shall be available for payment to the Municipality, in accordance with the terms herein set forth. 6. If the Municipality shall file with the Bank a statement that Developer is in the judgment of the Municipality in sixty (60) day default under the terms of this agreement, the Bank shall from time to time pay monies from said escrow fund to the Municipality to complete the improvements and requirements set forth in this agreement. 7. The Municipality will promptly submit to the Developer a copy of such statement as it files with the Bank. The consent of the Developer to such payment by the Bank to the Municipality shall not be required. The Bank shall incur no liability to the Developer on account of making such payment to the Municipality, nor shall the Bank be required to inquire into the propriety of any claim by the Municipality of default on the part of the Developer or into the use of such funds by the Municipality in completing such improvements. The Municipality shall not file with the Bank a statement of default until sixty (60) days after notice has been sent by it to the Developer by certified mail, return receipt requested, setting forth its intention to do so. 9. All monies released by the Bank to the Municipality pursuant to paragraph 6 shall be used by the Municipality solely for the purpose of -performing obligations imposed upon the Developer by that portion of this agreement upon which the Developer is then in default. Any work to be performed 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 with its own work force and equipment or shall be accomplished in such manner as in the judgment of the Municipality shall accomplish the work most expeditiously and economically. 10. If monies are released by the Bank to the Municipality pursuant to paragraph 6 and it shall later develop that a portion of the released monies are surplus to the Municipality's needs, any such surplus shall be refunded by the Municipality to the Bank to be held and distributed by the Bank pursuant to the terms of this agreement. 11. The Bank will not refuse or delay to make such payments to the Municipality when requested by the Municipality by the appropriate statement, and Developer will not interfere with or hinder such payments by the Bank to the Municipality. Said -2- s-Catement shall contain a certificate of"'compliance with the nc.tice requirements of paragraph 8 of this agreement. 12. This agreement shall terminate and shall be of no force or effect upon performance of all requirements contemplated hereby and the completion of the warranty period set forth in paragraph 4. 13. Upon request of Developer, but only at the sole discretion of the Municipality, the Municipality may release a portion of said escrow funds if the Municipality believes that the retention of said funds is not necessary to protect its interests after a portion of said work has been completed. Bank may release such funds only upon written consent of the Municipality. 14. Notwithstanding the provisions of paragraph 13 the sum of $ 6.400.00 shall be in any event maintained in escrow until certification to the Bank by the Municipality of the completion of the warranty period set forth in paragraph 4. 15. This agreement shall not only be binding upon the parties hereto, but also their respective heirs, executors, administrators, successors and as igns. Dated this day of 19 92 IN THE PRES ( DEVE ER , C;� By: `'�-�(' ✓'-'�— Its Duly Authorized Agent M CITY OF SOUTH BURLINGTON Its Duly Authrizle"d Agent (BA K) Its ly Adthorized Agent -3- FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive • Williston • Vermont • 05495 • (802) 878-3000 16 September 1992 Mr. Mervin Brown Oak Creek Investments 1350 Shelburne Road South Burlington, Vermont 05403 RE: Oak Creek - Stop Signs FILE: 87136 Dear Mr. Brown: Mill Pond Lane A few weeks ago you asked our opinion as to the placement of a stop sign upon the completion of Mill Pond Lane. Specifically, should the sign be at the southeast corner (where Moss Glen Lane meets Mill Pond Lane) or at the southwest corner facing west (where Mill Pond Lane now meets the previously constructed segment of Mill Pond Lane). Brendan Kelly, P.E. of our office advised the location would be the former, and placed on Moss Glen Lane. This is typically done at "T" intersections. Last Thursday I met Sonny Audette on site as he was inspecting the Mill Pond Lane roadway construction. Sonny specifically requested the sign be placed on Mill Pond Lane, thus allowing traffic presently using Moss Glen (onto Mill Pond Lane), to continue without stopping. Unless you hear differently, then, the sign should be placed as requested. I am copying Sonny, Dick Ward and Joe Weith to ensure I've accurately understood and conveyed this information. Very truly yours, FITZPATRICK-LLEWELLYN INCORPORATED C- nc A. Lle ellyn, P.E. cc: Sonny Audette Dick Ward Joe Weith LAL#7/baf:87136 Design 0 Inspection 0 Studies 0 Permitting • Surveying Oak Creek Investments 1350 Shelburne Road So. Burlington, Vermont 05403 January 6, 1992 Dick Ward Zoning Administrator City of South Burlington Dorset Street South Burlington, Vermont 05403 Dear Mr. Ward: Enclosed please find the partial release and discharge papers from the Bank of Vermont for Oak Creek Investments dated December 31, 1991 for your files. Very truly yours, Oak Creek InVestments By: Mervin Brown Enclosure MB/nn1 �y FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services The Kiln 0 15 Brickyard Road 0 Essex Junction • Vermont a 05452 • (802) 878-3000 21 Octobr 1986 Ms. Jane Lafleur City of South Burlington 575 Dorset Street South Burlington, Vermont 05401 RE: Traffic Impact Evaluation Kennedy Drive & Hinesburg Road FILE: 86155 Dear Ms. Lafleur: As requested, we have prepared an overall traffic impact evaluation of the intersection of Kennedy Drive and Hinesburg Road. This evaluation was requested in order to determine future operating conditions at this intersection, given the rapid development which is occurring on Hinesburg Road between Kennedy Drive and the city boundary. BACKGROUND AND METHODOLOGY To analyze this intersection, two design years were chosen, 1987 and 1992. This five year projection was chosen to extend beyond the anticipated build -out of the proposed developments in this area. Existing volumes and turning movement patterns at this intersection were obtained from the following sources: 1. Turning Movement Count - Kennedy Drive and Hinesburg Road, Vermont Agency of Transportation, June 8-9, 1983. 2. Turning Movement Count - Kennedy Drive and Hinesburg Road, Chittenden County Regional Planning Commission, July 31, 1985. 3. Projected 1985 and 2010 no -build AADT/DHV volumes. Kennedy Drive and Hinesburg Road, Interchange Feasibility Studies at Four Locations in the Chittenden County MPO Area, Storch Engineers, December 1985. Because the latter source represented the most recent and comprehensive estimate of existing traffic volumes at this intersection, the 1985 DHV given in that source was used to develop the 1987 and 1992 DHV's. Design • Inspection • Studies • Permitting Ms. Jane Lafleur FILE: 86155 21 October 1986 Page Two Examination of A.M. and P.M. turning movement patterns at this intersection indicated the existence of significantly different traffic patterns. In addition, it was felt that the traffic generation characteristics of development along Hinesburg Road could potentially impact upon those differences. Because of this, we felt it would be appropriate to analyze both A.M. and P.M. peak hour conditions. Since the DHV typically occurs during the P.M. peak hour, an estimate of A.M. volumes was also required. For clarity sake, the DHV will henceforth be referred to as the P.M. DHV. An A.M. design volume was calculated by comparing sources (1) and (3). The A.M. D14V was determined to be 82.3% of the P.M. DHV. Individual turning movement volumes were calculated from source (1), the A.M. DHV from 7:00-8:00 a.m. and the P.M. DHV from 4:00-5:00 p.m. directional distributions. Peak hour factors and heavy vehicle percentages were also calculated from source (1). Future (1987 and 1992) DHV's were calculated using the following procedures. First, background traffic growth from outside the study area was estimated by using growth factors developed by the Vermont Agency of Transportation. Their information indcates that traffic volumes will increase by 3% from 1985 to 1937 and by 9% from 1985 to 1992. This growth is estimated to impact all turning movements equally. Secondly, the scope of anticipated development within the study area was identified. Appendix A outlines the size and anticipated traffic generation characteristics of these developments. Since the last traffic counts at this intersection date back to, or before 1985, all developments under construction since 1984 have been included. The directional distribution of development -generated traffic will be influenced primarily by locations of employment and housing outside the study area. The results of previous regional transportation studies in the Chittenden County area have established trip patterns between specific zones. From this information, it was estimated that 31% of development - generated traffic would access via Kennedy Drive -west, 31.5% via Hinesburg Road -north, 9.3% via Hinesburg Road -south, and 28.2% via Kennedy Drive -east. For projects located south of Old Farm Road, the 28.2% via Kennedy Drive -east was reduced to 26.2%, and 2% was estimated to use Old Farm Road. This distribution is applicable to both A.M. and P.M. periods. FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Ms. Jane Lafleur FILE: 86155 21 October 1985 Page Three Level of service conditions at the Kennedy Drive/Hinesburg Road intersection were analyzed using the procedures outlined in the 1985 Highway Capacity Manual for signalized intersections. In all cases, existing geometric conditions and signal timing were analyzed first. If any approach or lane group operated below Level of Service C, then specific improvements were analyzed incrementally until L.O.S. C conditions, or better, were present. EXISTING SIGNAL OPERATION At the present time this intersection is controlled by a two phase fixed cycle controller. The actual controller model is an Eagle ET460. This controller was apparently originally set up for semi -actuated operation, but this capability is no longer present. No time of day or day of week cycle capabilities exist in this controller. Present signal operation is a 64 second cycle with 30 seconds of green on the Kennedy Drive approaches, and 20 seconds on the Hinesburg Road approaches. The remaining 14 seconds are devoted to 4 seconds yellow and 3 seconds red clear on each phase. The signal operates in the flash mode between 11:30 p.m. and 6:00 a.m. We checked with the Vermont Agency of Transportation, who is responsible for the operation of this signal, concerning the signal timing. Their records indicate that the signal was last set with a 60-second cycle. The green times were the same, however yellow and red clear times were 3 and 2 seconds respectively. Apparently, the yellow and red clear settings have been since field adjusted by local VAOT personnel. It is possible that this field modification was made in an effort to minimize the number of accidents which occur at this location. Current VAOT signal design criteria, however, do not recommend yellow times in excess of 3 seconds. This is to discourage drivers from using yellow time as green. We believe that a 3 second yellow plus 3 second red clear is all that is warranted at this intersection, and have incorporated this revision into the proposed improvements and modified signal timings. FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Ms: Jane Lafleur '21 October 1986 FILE: 86155 Page Four RECOMMENDED IMPROVEMENTS The projected growth in traffic volumes at the Kennedy Drive/Hinesburg Road intersection was found to necessitate a number of geometric and signal improvements. The projected operating conditions and corresponding improvements are outlined below for each design year. 1985 DESIGN YEAR Operating conditions at this intersection were first analyzed for 1985 A.M. and P.M. design hourly volumes. Only existing geometric and signal timing were analyzed in order to determine current conditions. Detailed intersection capacity calculations for the 1985 design year are enclosed as Appendix B. A.M. conditions were found to be acceptable, with the exception of northbound left turn/thru lane, which operates at L.O.S. F. P.M. conditions were found to be acceptable on all lane groups. 1987 DESIGN YEAR Increased traffic volumes were found to further overload the northbound approach during A.M. conditions. P.M. conditions remain acceptable. In order to correct the A.M. problem, two options exist. The first is to add a third lane on the northbound approach. This lane would function as an exclusive left turn lane. The second option is to replace the existing signal controller with one which incorporates time of day cycle capabilities. The second option was analyzed and found to create problems on the eastbound/westbound approaches. There is not sufficient excess green time on those approaches to reallocate to the north/south approaches. Therefore, without geometric improvements on the east/west approaches, this option is not viable. Adding a northbound left turn lane plus minor signal timing adjustments were found to improve A.M. DIN conditions to L.O.S. C or better on all lane groups. This was also felt to be the most cost effective option of the two. Since the original signal controller would remain, the P.M. DHV operation with the new northbound left turn lane and modified signal timing was also analyzed. L.O.S. C conditions were present on all approaches. FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services n Ms. Jane Lafleur FILE: 86155 21 October 1986 Page Five Because both A.M. and P.M. delays during the 1987 design year are in the upper range of delay for L.O.S. C for several of the lane groups, it is apparent that the proposed improvements recommended above would only be adequate for only several years. Detailed calculations for the 1987 design year are included as Appendix C. 1992 DESIGN YEAR Projected 1992 A.M. and P.M. traffic volumes are greatly impacted by additional development -generated traffic. Analysis of DIN conditions and signal conditions during this design year indicates the presence of substandard levels of service during both the A.M. and P.M. periods. The intersection capacity analyses indicate, that in addition to the northbound left turn lane previously recommended, exclusive right turn lanes will be required on both the eastbound and westbound approaches. In addition, the existing signal controller will be inadequate. A new controller will be required which incorporates time of day/day of week cycles in order to minimize delays during A.M. and P.M. peaks and off-peak hours. Our recommendation is that the new controller be a four -phase unit, at a minimum. Future pedestrian and seperate turning phases may warrant an eight phase controller. The new controller should also incorporate the capability for the future addition of full traffic actuation. The analyses of A.M. DIN operation, with the recommended additional lanes and two-phase pretimed signal operation, indicates that L.O.S. C. conditions can be maintained on all lane groups. As in 1987, little reserve capacity exists during the A. M. period. Analyses of P.M. DHV operation, with the same improvements, indicates that L.O.S. B conditions can be maintained on all lane groups. This indicates the presence of ample reserve capacity during this period. Please note that the proposed A.M. and P.M. signal timings differ, thus requiring a new state-of-the-art controller. Detailed calculations for the 1992 design year are included as Appendix D. FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Ms. Jane Lafleur FILE: 86155 21 October 1986 Page Six Future operation of the Kennedy Drive/Hinesburg Road intersection will be significantly impacted by the rapid development which is presently occurring along Hinesburg Road. This evaluation has analyzed both A.M. and P.M. peak hour traffic conditions using calculated design hourly volumes for existing (1985) and future (1987 and 1992) design years. Traffic generated from a total of 456 residential units, a stone quarry, increased utilization of the existing Semicon facility, a second commercial lot equivalent to the Semicon facility, plus normal background growth, was determined to necessitate substantial improvements to this intersection in order to maintain Level of Service C conditions on each approach. These improvements include: a. widening of the northbound approach (Hinesburg Road) to add an exclusive left turn lane. b. widening of the eastbound and westbound approaches (Kennedy Drive) to add exclusive right turn lanes. C. replacement of the existing signal controller with one which is four -phase (min.), incorporate time of day/day of week cycles and traffic actuation capabilities. With the above improvements, 1992 A.M. and P.M. DHV operating conditions will be Level of Service C and B, respectively. Should you have any questions concerning the above, or if we can be of additional assistance, please feel free to contact us. Sincerely, FITZPATRICK-LLEWELLYN INCORPORATED Rogbr Dickinson, P.E. cc Mery Brown Craig Leiner RJD:amov FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services APPENDIX A DEVELOPMENT CHARACTERISTICS FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services PERCENT COMPLETION NEW A.M. VTE/HOUR NEW P.M. VTE/HOUR PERCENT EXITING SINCE 1985 SINCE 1985 SINCE 1985 TRAFFIC DEVELOPMENT SIZE 1987 1992 1987 1992 1987 1992 A.M. P.M. FOXCROFT 107 units 56 100 48 85 60 125 75 33 WELLESLY GROVE 24 units 100 100 19 19 24 24 75 33 LEDGEKNOLL 60 units 100 100 48 48 60 60 75 33 BUTLER FARMS 150 units 33 100 40 120 50 150 75 33 units 43 100 40 92 50 115 75 33 STONE QUARRY 100 100 15 15 15 15 YJ 40 60 SEMICON (EX.) 91,500 g.s.f. 32 100 24 74 24 75 \' 20 67 SEMICON (FUT.) 91,500 g.s.f. 0 100 0 74 0 75 20 67 TOTAL: 234 527 283 639 APPENDIX B INTERSECTION CAPACITY ANALYSES 1985 DESIGN YEAR FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services y�..;;..t�..�:..� .t<. _x. �:..�{..1a .iE..i�..�..u..K. *..�..�. •�..�• •�. •�• u. •u• *• �t4.ss. x-.g..#..Y..�..�..�..�' .r• •►E• #..�..�. #' #'►c.'#"►4• # #'.�"p' aF .a:..�..K. #'!F')F'g' # •�"�' # •1L .�{..�..�. •�. # #'�c.'�c..Y. # .lt-.jt..)t..�• .�. y. HC:;M (1 `?85) SIGNALIZED INTERSECTION CAPACITY ANALYSIS �..�. �..M .M .�..�- .�..�. � �. �E. � .0 .�..�.#..�..�..�..K..�..�..�..x..�..�..�..�..�5..�c..�• •�. •�;• x• •u•'#.• :�' •►F'►h #. 'K"►F #'►�' #. •►E'►F #'►E iF'►4"!�"iE' •�. •�. #'�' # # .�..�. •►c• �..K .� .�..y..�..u• .�• •�. •►s• y. u � # •�. I:NTERSE-C',T•ION: E`:C::P•INEDY DR. « HINE: SBURG RD. AREA •T`YPE: NON --I: BD INTERSECTION LOCAT I ON! SO. BURL I NGTON DATE AND TIME:: PERIOD ANAL..YZED: 1. Ci'f_ 5 AM DHV ADDITIONAL :I NFORMATI ON : E X I ST• I NG TIMING & GEOMETR I C:S ANALYST: RJD TODAY" S DATE: 10-.20--B6 ** * INPUT T INFORMATION *** -------------------------------------------------------------------------------- N RT'HBOUND SOUTHI•►OUND EASTBOUND WESTBOUND LEFT TURNING VOLUME 136 38 81 16 THROUGH VOLUME: 182 90 356 360 RIGHT TURNING VOLUME 36 181 36 12 PEDESTRIANS 10 2! 1 10 10 ARRIVAL TYPE 3 3 3 3 PEAK HOUR FACTOR 0. 77 0. 71. 0. 75 0.72 PERCENT HEAVY VEHICLES 0.07 0.05 0.06 0.06 NUMBER OF BUSES 0 0 2 . BRADE: 0.00 0.02 0.00 0.00 THROUGH LANE UTILIZATION FACTOR 1.00 1.00 1.00 1.00 BASE SATURATION FLOW 1800 1800 1 800 1800 NUMBER OF LANES 2 2 2 PARKING'? 114 N N N PARKING MANUEVERS PER HOUR 0 0 0 0 SIGNAL TYPE: PRE -'-TIMED CYCLE LENGTH: 64 NORTHBOUND: LANE GROUP 1 LANE GROUP 2 LANE. GROUP LANE GROUP CONFIGURATION 5 10 � i NUMBER OF LANES 1 i C) LANE WIDTH 12 1. � ► SOUTHBOUND: LANE: GROUP 1 LANE_ GROUP 2 LANE GROUP C: UP LANE=. GROUP CONFIGURATION `:s 1 C► 0 NUMBER OF LANES 1 1 0 LANE WIDTH 12 'I. 2 � ► EASTBOUND: LANE (:_+F.(:.1UP I LANE GROUP CONFIGURATION :? NUMBER OF LANES :I LANE: WIDTH 12 GREEN TIME 30n) WESTBOUND: LANE GROUP 1 LANE: GROUP CONFIGURATION NUMBER OF LANES 1 LANE WIDTH 12 GREEN TIME 30.0 c ► LANE GROUP 1. I 12 30. 0 LANE GROUP 2 1.:.. L 12 30. LANE GROUP 3 ri LANE GROUP 3 rl 0 ****************************************************************************** HCM(1985) SIGNALIZED INTERSECTION CAPACITY ANALYSIS ****************************************************************************** INTERSECTION:KENNEDY DR. & HINESBURG RD. AREA TYPE:NON-CBD INTERSECTION LOCATION:SO. BURLINGTON DATE AND TIME PERIOD ANALYZED:1985 AM DHV ADDITIONAL INFORMATION:EXISTING TIMING & GEOMETRICS ANALYST:RJD TODAY'S DATE:10-20-86 ..... ..... ..... ..... _..... .... ..... ..... _____________________________________________________________________ THE INTERSECTION AVERAGE STOPPED DELAY ~� THE INTERSECTION LEVEL OF SERVICE IS: _____________________________115" _--- _____�____ ___________________ - STOPPED DELAY (SEC/VEH) ADJUSTED LANE GROUP APPROACH APPROACH LANE GROUP VOLUME WE DELAY LOS DELAY LOS ----------------------------------------------------- ______ _______________ 1 412.99 1.09 82.09 NORTHBOUND 2 46.75 0.10 11.88 B 74.95 LF | 3 0.00 0.00 0.00 ______________________________________________________________________________ 1 180.28 0.45 13.92 B SOUTHBOUND 2 254.93 0.56 15.05 C 14.58 B 3 0.00 0.00 0.00 ______________________________________________________________________________ 1 108.00 0.33 8.36 B EASTBOUND 2 522.67 0.65 11.24 B 10.75 B 3 0.00 0.00 0.00 ______________________________________________________________________________ 1 22.22 0.07 7.10 B WESTBOUND 2 516.67 0.64 11.02 B 10.86 B 3 0.O0 0.00 0.00 ****************************************************************************** .. ****************************************************************************** HCM(1985) SIGNALIZED INTERSECTION CAPACITY ANALYSIS ****************************************************************************** INTERSECTION:KENNEDY DR. & HINESBURG RD. AREA TYPE:NON-CBD INTERSECTION LOCATION:SO. BURLINGTON DATE AND TIME PERIOD ANALYZED:1985 PM DHV ADDITIONAL INFORMATION:EXISTING TIMING & GEOMETRICS ANALYST:RJD ______________________________________________________________________________ TODAY'S DATE:10-20-86 *** INPUT INFORMATION *** ______________________________________________________________________________ NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND LEFT TURNING VOLUME 50 33 245 34 THROUGH VOLUME 84 142 439 407 RIGHT TURNING VOLUME 24 195 145 54 PEDESTRIANS 10 20 10 10 ARRIVAL TYPE 3 3 3 3 PEAK HOUR FACTOR 0.93 0.93 0.95 0.95 PERCENT HEAVY VEHICLES 0.03 0.03 0.05 0.05 NUMBER OF BUSES 0 0 2 2 GRADE 0.00 0.02 0.00 0.00 THROUGH LANE UTILIZATION FACTOR 1.00 1.00 1.00 1.00 BASE SATURATION FLOW 1800 1800 1800 1800 NUMBER OF LANES 2 2 2 2 PARKING? N N N N PARKING MANUEVERS PER HOUR 0 0 0 0 SIGNAL TYPE: PRE -TIMED CYCLE LENGTH: 64 NORTHBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 5 10 0 NUMBER OF LANES 1 1 0 LANE WIDTH 12 12 0 GREEN TIME 20.0 20.0 0.0 SOUTHBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 5 10 0 NUMBER OF LANES I 1 0 LANE WIDTH 12 12 0 GREEN TIME 20.0 20.0 0.0 EASTBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 2 13 0 NUMBER OF LANES 1 1 0 LANE WIDTH 12 12 0 GREEN TIME 30.0 30.0 0.0 WESTBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 2 13 0 NUMBER OF LANES 1 1 0 LANE WIDTH 12 12 0 GREEN TIME 30.0 30.0 0.0 ` ****************************************************************************** HCM(1985) SIGNALIZED INTERSECTION CAPACITY ANALYSIS ****************************************************************************** INTERSECTION:KENNEDY DR. & HINESBURG RD. AREA TYPE:NON-CBD INTERSECTION LOCATION:SO. BURLINGTON DATE AND TIME PERIOD ANALYZED:1985 PM DHV ADDITIONAL INFORMATION:EXISTING TIMING & GEOMETRICS ANALYST:RJD TODAY'S DATE:10-20-B6 ______________________________________________________________________________ THE INTERSECTION AVERAGE STOPPED DELAY IS: 13.2 THE INTERSECTION LEVEL OF SERVICE IS: B ______________________________________________________________________________ STOPPED DELAY (SEC/VEH) ADJUSTED LANE GROUP APPROACH APPROACH LANE GROUP VOLUME V/C DELAY LOS DELAY LOS ______________________________________________________________________________ 1 144.09 0.32 12.94 B NORTHBOUND 2 25.81 0.06 11.70 B 12.75 B 3 0.00 0.00 0.00 --------------------- ___________________________________________________________ 1 188.17 0.34 12.99 B SOUTHBOUND 2 209.68 0.45 13.88 B 13.46 B 3 0.00 0.00 0.00 ______________________________________________________________________________ 1 257.89 0.74 15.90 C EASTBOUND 2 614.74 0.78 14.48 B 14.90 B 3 0.00 0.00 0.00 ______________________________________________________________________________ 1 35.79 0.14 7.36 B WESTBOUND 2 485'26 0.61 10.54 B 10.33 B 3 0.00 0.00 0.00 ****************************************************************************** APPENDIX C INTERSECTION CAPACITY ANALYSES 1987 DESIGN YEAR FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services ****************************************************************************** HCM(1985) SIGNALIZED INTERSECTION CAPACITY ANALYSIS ****************************************************************************** INTERSECTION:KENNEDY DR. & HINESBURG RD. AREA TYPE:NON-CBD INTERSECTION LOCATION:SO. BURLINGTON DATE AND TIME PERIOD ANALYZED:1987 AM DHV ADDITIONAL INFORMATION:EXISTING TIMING & GEOMETRICS ANALYST:RJD TODAY'S DATE:10-20-86 ______________________________________________________________________________ *** INPUT INFORMATION *** ______________________________________________________________________________ LEFT TURNING VOLUME 189 39 83 37 THROUGH VOLUME 236 117 367 371 RIGHT TURNING VOLUME 79 186 61 12 PEDESTRIANS 10 20 10 10 ARRIVAL TYPE 3 3 3 3 PEAK HOUR FACTOR 0.77 0.71 0.75 0.72 PERCENT HEAVY VEHICLES 0.07 0.05 0.06 0.06 NUMBER OF BUSES 0 0 2 2 GRADE 0.00 0.02 0.00 0.00 THROUGH LANE UTILIZATION FACTOR 1.00 1.00 1.00 1.00 BASE SATURATION FLOW 1800 1800 1800 1800 NUMBER OF LANES 2 2 2 2 PARKING? N N N N PARKING MANUEVERS PER HOUR 0 0 0 0 SIGNAL TYPE: PRE -TIMED CYCLE LENGTH: 64 NORTHBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 5 10 0 NUMBER OF LANES 1 1 0 LANE WIDTH 12 12 0 GREEN TIME 20.0 20.0 0.0 SOUTHBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 5 10 0 NUMBER OF LANES 1 1 0 LANE WIDTH 12 12 0 GREEN TIME 20.0 20.0 0.0 EASTBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 2 13 0 NUMBER OF LANES 1 1 0 LANE WIDTH 12 12 0 GREEN TIME 30.0 30.0 0.0 WESTBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 2 13 0 NUMBER OF LANES 1 1 0 LANE WIDTH 12 12 0 GREEN TIME 30.0 30.0 0.0 ****************************************************************************** HCM(1985) SIGNALIZED INTERSECTION CAPACITY ANALYSIS ****************************************************************************** INTERSECTION:KENNEDY DR. & HINESBURG RD. AREA TYPE:NON-CBD INTERSECTION LOCATION:SO. BURLINGTON DATE AND TIME PERIOD ANALYZED:1987 AM DHV ADDITIONAL INFORMATION:EXISTING TIMING & GEOMETRICS ANALYST:RJD TODAY'S DATE:10-20-86 ______________________________________________________________________________ THE INTERSECTION AVERAGE STOPPED DELAY THE INTERSECTION LEVEL OF SERVICE IS: ---------------------------------------- ------------------------- STOPPED DELAY (SEC/VEH) ADJUSTED LANE GROUP APPROACH APPROACH LANE GROUP VOLUME WE DELAY LOS DELAY LOS ______________________________________________________________________________ 1 551.95 1.63 OVERSATURATED NORTHBOUND 2 102.60 0.22 12.40 B 3 0.00 0.00 0.00 ______________________________________________________________________________ 1 219.72 0.72 20.31 C SOUTHBOUND 2 261.97 0.57 15.26 C 17.57 C 3 0.00 0.00 0.00 ______________________________________________________________________________ 1 110.67 0.35 8.52 B EASTBOUND 2 570.67 0.72 12.56 B 11.90 B 3 0.00 0.00 0.00 ______________________________________________________________________________ 1 51.39 0.18 7.53 B WESTBOUND 2 531.94 0.66 11.32 B 10.99 B 3 0.00 0.00 0.00 ****************************************************************************** ^' ****************************************************************************** HCM(1985) SIGNALIZED INTERSECTION CAPACITY ANALYSIS ****************************************************************************** INTERSECTION:KENNEDY DR. & HINESBURG RD. AREA TYPE:NON-CBD INTERSECTION LOCATION:SO. BURLINGTON DATE AND TIME PERIOD ANALYZED:1987 AM DHV ADDITIONAL INFORMATION:REV. TIMING + 1 SEC. GREEN & ADDED LT LANE (NB) ANALYST:RJD TODAY'S DATE:10-20-86 ______________________________________________________________________________ *** INPUT INFORMATION *** ______________________________________________________________________________ NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND LEFT TURNING VOLUME 189 39 83 37 THROUGH VOLUME 236 117 367 371 RIGHT TURNING VOLUME 79 186 61 12 PEDESTRIANS 10 20 10 10 ARRIVAL TYPE 3 3 3 3 PEAK HOUR FACTOR 0.77 0.71 0.75 0.72 PERCENT HEAVY VEHICLES 0.07 0.05 0.06 0.06 NUMBER OF BUSES 0 0 2 � 2 GRADE 0.00 0.02 0.00 0.00 THROUGH LANE UTILIZATION FACTOR 1.00 1.00 1.00 1.00 BASE SATURATION FLOW 1800 1800 1800 1800 NUMBER OF LANES 3 2 2 2 PARKING? N N N N PARKING MANUEVERS PER HOUR 0 0 0 O SIGNAL TYPE: PRE -TIMED CYCLE LENGTH: 64 NORTHBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 2 17 10 NUMBER OF LANES 1 1 1 LANE WIDTH 12 12 12 GREEN TIME 23.0 23.0 23.0 ' SOUTHBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUPCONFIGURATION 5 10 0 NUMBER OF LANES 1 1 0 LANE WIDTH 12 12 0 GREEN TIME 23.0 23.0 0.0 EASTBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 2 13 0 NUMBER OF LANES 1 1 0 LANE WIDTH 12 12 0 GREEN TIME 29.0 29^0 0.0 WESTBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 2 13 0 NUMBER OF LANES 1 1 0 LANE WIDTH 12 12 0 GREEN TIME 29.0 29.0 0.0 ^- ****************************************************************************** HCM(1985) SIGNALIZED INTERSECTION CAPACITY ANALYSIS ****************************************************************************** INTERSECTION:KENNEDY DR. & HINESBURG RD. AREA TYPE:NON-CBD INTERSECTION LOCATION:SO. BURLINGTON DATE AND TIME PERIOD ANALYZED:1987 AM DHV ADDITIONAL INFORMATION:REV. TIMING + 1 SEC. GREEN & ADDED LT LANE (NB) ANALYST:RJD TODAY'8 DATE:10-20-86 ______________________________________________________________________________ THE INTERSECTION AVERAGE STOPPED DELAY IS: 13.3 THE INTERSECTION LEVEL OF SERVICE IS: B ______________________________________________________________________________ STOPPED DELAY (SEC/VEH) ADJUSTED LANE GROUP APPROACH APPROACH LANE GROUP VOLUME V/C DELAY LOS DELAY LOS 1 245.45 0.77 21.37 C NORTHBOUND 2 306'49 0.49 12.63 B 15.61 C 3 102.60 0.19 10.75 B ______________________________________________________________________________ 1 219.72 0.42 12.08 B SOUTHBOUND 2 261.97 0.50 12.78 B 12.46 B 3 0.00 0.00 0.00 ______________________________________________________________________________ 1 110.67 0.37 9.15 B EASTBOUND 2 570.67 0.74 13.71 B 12.97 B 3 0.00 0.00 0.00 ... ..... .... ___________________________________________________________________________ 1 51.39 0.19 8.01 B WESTBOUND 2 531.94 0.68 12.22 B 11.85 B 3 0.00 0.00 0.00 ****************************************************************************** HCM(1985) SIGNALIZED INTERSECTION CAPACITY ANALYSIS INTERSECTION:KENNEDY DR. & HINESBURG RD. AREA TYPE:NON-CBD INTERSECTION LOCATION:SO, BURLINGTON DATE AND TIME PERIOD ANALYZED:1987 PM DHV ADDITIONAL INFORMATION:EXISTING TIMING & GEOMETRICS ANALYST:RJD ______________________________________________________________________________ TODAY'S DATE:10-20-86 ______________________________________________________________________________ *** INPUT INFORMATION *** NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND LEFT TURNING VOLUME 85 34 252 82 THROUGH VOLUME 120 202 452 419 RIGHT TURNING VOLUME 53 201 204 56 PEDESTRIANS 10 20 10 10 ARRIVAL TYPE 3 3 3 3 PEAK HOUR FACTOR 0.93 0.93 0.95 0.95 PERCENT HEAVY VEHICLES 0.03 0.03 0.05 0.05 NUMBER OF BUSES 0 0 2 2 GRADE 0.00 0.02 0.00 0.00 THROUGH LANE UTILIZATION FACTOR 1.00 1.00 1.00 1.00 BASE SATURATION FLOW 1800 1800 1800 1800 NUMBER OF LANES 2 2 2 2 PARKING? N N N N PARKING MANUEVERS PER HOUR 0 0 0 SIGNAL TYPE: PRE -TIMED 0 CYCLE LENGTH: 64 NORTHBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 5 10 0 NUMBER OF LANES 1 1 LANE WIDTH 12 12 0 GREEN TIME 20.0 20.0 0 0.0 ' SOUTHBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 5 10 0 NUMBER OF LANES 1 1 LANE WIDTH 12 12 0 GREEN TIME 20.0 20.0 0 0.0 EASTBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 2 13 0 NUMBER OF LANES 1 1 LANE WIDTH 12 12 0 GREEN TIME 30.0 30.0 0 0.0 WESTBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 2 NUMBER OF LANES 1 13 0 LANE WIDTH 12 1 12 0 GREEN TIME 30.0 �0.0 0 0.0 ****************************************************************************** HCM(1985) SIGNALIZED INTERSECTION CAPACITY ANALYSIS ****************************************************************************** INTERSECTION:KENNEDY DR. & HINESBURG RD. AREA TYPE:NON-CBD INTERSECTION LOCATION:SO. BURLINGTON DATE AND TIME PERIOD ANALYZED:1987 PM DHV ADDITIONAL INFORMATION:EXISTING TIMING & GEOMETRICS ANALYST^RJD . TODAY'S DATE:10-20-86 ______________________________________________________________________________ THE INTERSECTION AVERAGE STOPPED DELAY IS: 15.7 THE INTERSECTION LEVEL OF SERVICE IS: C ______________________________________________________________________________ STOPPED DELAY (SEC/VEH) ADJUSTED LANE GROUP APPROACH APPROACH LANE GROUP VOLUME V/C DELAY LOS DELAY LOS ______________________________________________________________________________ 1 220.43 0.55 15.16 C NORTHBOUND 2 56.99 0.12 11.96 B 14.50 B 3 0.00 0.00 0.00 ______________________________________________________________________________ 1 253.76 0.47 13.93 B SOUTHBOUND 2 216.13 0.47 14.01 B 13.97 B 3 0.00 0.00 0.00 ______________________________________________________________________________ 1 265.26 0.78 18.55 C EASTBOUND 2 690.53 0.89 20.52 C 19.97 C 3 0.00 0.00 0.00 ______________________________________________________________________________ 1 86.32 0.42 9.44 B WESTBOUND 2 500.00 0.62 10.80 B 10.60 B 3 0.00 0'00 0.00 ****************************************************************************** ****************************************************************************** HCM(1985) SIGNALIZED INTERSECTION CAPACITY ANALYSIS ****************************************************************************** INTERSECTION:KENNEDY DR. & HINESBURG RD. AREA TYPE:NON-CBD INTERSECTION LOCATION:SO. BURLINGTON DATE AND TIME PERIOD ANALYZED:1987 PM DHV ADDITIONAL INFORMATION:REV. TIMING + 1 SEC. GREEN & ADDED LT LANE (NB) ANALYST:RJD TODAY'S DATE:10-20-86 ______________________________________________________________________________ *** INPUT INFORMATION *** NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND LEFT TURNING VOLUME 85 34 252 82 THROUGH VOLUME 120 202 452 419 RIGHT TURNING VOLUME 53 201 204 56 PEDESTRIANS 10 20 10 10 ARRIVAL TYPE 3 3 3 3 PEAK HOUR FACTOR 0.93 0.93 0.95 0.95 PERCENT HEAVY VEHICLES 0.03 0.03 0.05 0.05 NUMBER OF BUSES 0 0 2 2 GRADE 0.00 0.02 0.00 0.00 THROUGH LANE UTILIZATION FACTOR 1.00 1.00 1.00 1.00 BASE SATURATION FLOW 1800 1800 1800 1800 NUMBER OF LANES 3 2 2 2 PARKING? N N N N PARKING MANUEVERS PER HOUR 0 0 0 0 SIGNAL TYPE: PRE -TIMED CYCLE LENGTH: 64 NORTHBOUND: LANE GROUP 1 LANE CROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 2 17 10 NUMBER OF LANES 1 1 1 LANE WIDTH 12 12 12 GREEN TIME 23.0 23.0 23.0 SOUTHBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 5 10 0 NUMBER OF LANES 1 1 0 LANE WIDTH 12 12 0 GREEN TIME 23.0 23.0 0'0 EASTBOUND: LANE GROUP 1 LANE GROUP CONFIGURATION 2 NUMBER OF LANES 1 LANE WIDTH 12 GREEN TIME 29.0 WESTBOUND: LANE GROUP 1 LANE GROUP CONFIGURATION 2 NUMBER OF LANES 1 LANE WIDTH 12 GREEN TIME 29.0 LANE GROUP 2 13 1 12 29.0 LANE GROUP 3 0 0 V 0.O LANE GROUP 2 LANE GROUP 3 13 0 1 0 12 0 29.0 0.0 ****************************************************************************** HCM(1985) SIGNALIZED INTERSECTION CAPACITY ANALYSIS ****************************************************************************** INTERSECTION:KENNEDY DR. & HINESBURG RD. AREA TYPE:NON-CBD INTERSECTION LOCATION:SO. BURLINGTON DATE AND TIME PERIOD ANALYZED:1987 PM DHV ADDITIONAL INFORMATION:REV. TIMING + 1 SEC. GREEN & ADDED LT LANE (NB) ANALYST:RJD TODAY'S DATE:10-20-86 ______________________________________________________________________________ THE INTERSECTION AVERAGE STOPPED DELAY IS: 16.7 THE INTERSECTION LEVEL OF SERVICE IS: C ______________________________________________________________________________ STOPPED DELAY (SEC/VEH) ADJUSTED LANE GROUP APPROACH APPROACH LANE GROUP VOLUME V/C DELAY LOS DELAY LOS ______________________________________________________________________________ 1 91.40 0.27 11.13 B NORTHBOUND 2 129.03 0.20 10.79 B 10.82 B 3 56.99 0.11 10.38 B ______________________________________________________________________________ 1 253.76 0.39 11.84 B SOUTHBOUND 2 216.13 0.41 11.97 B 11.90 B 3 0.00 0.00 0.00 ______________________________________________________________________________ 1 265.26 0.83 22.89 C EASTBOUND 2 690.53 0.92 24.32 C 23.92 C ' 3 0.00 0.00 0.00 ______________________________________________________________________________ 1 86.32 0.46 10.54 B WESTBOUND 2 500.00 0.65 11.61 B 11.45 B 3 0.00 0.00 0.00 ****************************************************************************** APPENDIX D INTERSECTION CAPACITY ANALYSES 1992 DESIGN YEAR FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services ^ HCM(1985) SIGNALIZED INTERSECTION CAPACITY ANALYSIS ****************************************************************************** INTERSECTION:KENNEDY DR. & HINESBURG RD. AREA TYPE:NON-CBD INTERSECTION LOCATION:SO. BURLINGTON DATE AND TIME PERIOD ANALYZED:1992 AM DHV ADDITIONAL INFORMATION:EXISTING TIMING & GEOMETRICS ANALYST:RJD TODAY'S DATE:10-14-86 ______________________________________________________________________________ *** INPUT INFORMATION *** ______________________________________________________________________________ ^'~~-''~~'^'- I -----'- - ----'- LEFT TURNING VOLUME 244 41 88 75 THROUGH VOLUME 295 167 388 392 RIGHT TURNING VOLUME 122 197 107 13 PEDESTRIANS 10 20 10 10 ARRIVAL TYPE 3 3 3 3 PEAK HOUR FACTOR 0.77 0.71 0.75 0.72 PERCENT HEAVY VEHICLES 0.07 0.05 0.06 0.06 NUMBER OF BUSES 0 0 2 2 GRADE 0.00 0.02 0.00 0.00 THROUGH LANE UTILIZATION FACTOR 1.00 1.00 1.00 1.00 BASE SATURATION FLOW 1800 1800 1800 1800 NUMBER OF LANES 2 2 2 2 PARKING? N N N N PARKING MANUEVERS PER HOUR 0 0 0 0 SIGNAL TYPE: PRE -TIMED CYCLE LENGTH: 64 NORTHBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 5 10 0 NUMBER OF LANES 1 1 0 LANE WIDTH 12 12 0 GREEN TIME 20.0 20.0 0.0 SOUTHBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 5 10 0 NUMBER OF LANES 1 1 0 LANE WIDTH 12 12 0 GREEN TIME 20.0 20.0 0.0 EASTBOUND: LANE GROUP 1 LANE GROUP CONFIGURATION 2 NUMBER OF LANES 1 LANE WIDTH 12 GREEN TIME 30.0 WESTBOUND: LANE GROUP 1 LANE GROUP CONFIGURATION 2 NUMBER OF LANES 1 LANE WIDTH 12 GREEN TIME 30.0 LANE GROUP 2 13 1 12 30.0 LANE GROUP 13 1 12 30.0 LANE GROUP 3 0 0 O 0.0 2 LANE GROUP 3 0 0 0 0.0 ^ ****************************************************************************** HCM(1985) SIGNALIZED INTERSECTION CAPACITY ANALYSIS ****************************************************************************** INTERSECTION:KENNEDY DR. & HINESBURG RD. AREA TYPE:NON-CBD INTERSECTION LOCATION:SO. BURLINGTON DATE AND TIME PERIOD ANALYZED:1992 AM DHV ADDITIONAL INFORMATION:EXISTING TIMING & GEOMETRICS ANALYST:RJD TODAY'S DATE:10-14-86 ______________________________________________________________________________ THE INTERSECTION AVERAGE STOPPED DELAY IS: **** THE INTERSECTION LEVEL OF SERVICE IS: OVERSATURATED ______________________________________________________________________________ STOPPED DELAY (SEC/VEH) ADJUSTED LANE GROUP APPROACH APPROACH LANE GROUP VOLUME WE DELAY LOS DELAY LOS ______________________________________________________________________________ 1 700.00 2.83 OVERSATURATED NORTHBOUND 2 158.44 0.35 13.07 B 3 0.00 0.00 0.00 ______________________________________________________________________________ 1 292.96 1.12 106.29 F SOUTHBOUND 2 277.46 0.60 15.81 C 62.28 F 3 0.00 0.00 0.00 ______________________________________________________________________________ 1 117.33 0.40 8.97 B EASTBOUND 2 660.00 0.84 17.08 C 15.86 C 3 0.00 0.00 0.00 ______________________________________________________________________________ 1 104.17 0.47 9.94 B WESTBOUND 2 562.50 0.70 12.03 B 11.70 B 3 0.00 0'00 0.00 ****************************************************************************** HCM(1985) SIGNALIZED INTERSECTION CAPACITY ANALYSIS ****************************************************************************** INTERSECTION:KENNEDY DR. & HINESBURG RD. AREA TYPE:NON-CBD INTERSECTION LOCATION:SO. BURLINGTON DATE AND TIME PERIOD ANALYZED:1992 AM DHV ADDITIONAL INFORMATION:REV. TIMING & ADDED LT LANE (NB) & RT LANES (EB/WB) ANALYST:RJD TODAY'S DATE:10-14-86 ______________________________________________________________________________ *** INPUT INFORMATION *** ______________________________________________________________________________ ....-......... ....-......— -'----'— -----'— LEFT TURNING VOLUME THROUGH VOLUME RIGHT TURNING VOLUME PEDESTRIANS ARRIVAL TYPE PEAK HOUR FACTOR PERCENT HEAVY VEHICLES NUMBER OF BUSES GRADE THROUGH LANE UTILIZATION FACTOR BASE SATURATION FLOW NUMBER OF LANES PARKING? PARKING MANUEVERS PER HOUR SIGNAL TYPE: CYCLE LENGTH: 244 41 Be 75 295 167 388 392 122 197 107 13 10 20 10 10 3 3 3 3 0.77 0.71 0.75 0.72 0.07 0.05 0.06 0.06 0 0 2 2 0.00 0.02 0.00 0.00 1.00 1.00 1.00 1.00 1800 1800 1800 1800 3 2 3 3 N N N N 0 0 0 0 RE -TIMED 64 NORTHBOUND: LANE GROUP 1 LANE GROUP CONFIGURATION 2 NUMBER OF LANES 1 LANE WIDTH 12 GREEN TIME 22.0 ' SOUTHBOUND: LANE GROUP 1 LANE GROUP CONFIGURATION 5 NUMBER OF LANES 1 LANE WIDTH 12 GREEN TIME 22.0 LANE GROUP 2 17 1 12 22.0 LANE GROUP 2 10 1 12 22.0 LANE GROUP 3 10 1 12 22.0 LANE GROUP 3 0 � 0 0.0 EASTBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 2 17 10 NUMBER OF LANES 1 1 1 LANE WIDTH 12 12 12 GREEN TIME 28.0 28.0 28.0 WESTBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 2 17 10 NUMBER OF LANES 1 1 1 LANE WIDTH 12 12 12 GREEN TIME 28.0 28.0 28.0 ****************************************************************************** HCM(1985) SIGNALIZED INTERSECTION CAPACITY ANALYSIS ****************************************************************************** INTERSECTION:KENNEDY DR. & HINESBURG RD. AREA TYPE:NON-CBD INTERSECTION LOCATION:SO. BURLINGTON DATE AND TIME PERIOD ANALYZED:1992 AM DHV ADDITIONAL INFORMATION:REV. TIMING & ADDED LT LANE (NB) & RT LANES (EB/WB) ANALYST:RJD TODAY'S DATE:10-14-86 ______________________________________________________________________________ THE INTERSECTION AVERAGE STOPPED DELAY THE INTERSECTION LEVEL OF SERVICE IS: ______________________________________ ............................ STOPPED DELAY (SEC/VEH) ADJUSTED LANE GROUP APPROACH APPROACH LANE GROUP VOLUME V/C DELAY LOS DELAY LOS ______________________________________________________________________________ 1 316.88 1.23 OVERSATURATED NORTHBOUND 2 383.12 0.64 15.09 C 3 158.44 0.31 11.86 B ______________________________________________________________________________ 1 292.96 0.64 15.55 C SOUTHBOUND 2 277.46 0.55 13.90 B 14.75 8 3 0.00 0.00 0.00 ______________________________________________________________________________ 1 117.33 0.31 9.07 B EASTBOUND 2 517.33 0.68 12.74 B 11.42 B 3 142.67 0.22 8.56 B ______________________________________________________________________________ 1 104.17 0.32 9.12 B WESTBOUND 2 544.44 0.72 13.52 B 12.68 B 3 18.06 0.03 7.79 B ****************************************************************************** . ^ ****************************************************************************** HCM(1985) SIGNALIZED INTERSECTION CAPACITY ANALYSIS ****************************************************************************** INTERqECTION:KENNEDY DR. & HINE8BURG RD. AREA TYPE:NON-CBD INTERSECTION LOCATION:SO. BURLINGTON DATE AND TIME PERIOD ANALYZED:1992 AM DHV ADDITIONAL INFORMATION: REV. TIMING + 1 SEC. GREEN & ADDED LT LANE (NB) & RT LANES (EB/WB) ANALYST:RJD TODAY'S DATE:10-14-86 *** INPUT INFORMATION *** ______________________________________________________________________________ mnoruon'/mn om/rUpn//mn MAQrnm/mn uPRTnn//mn LEFT TURNING VOLUME 244 41 88 /11 THROUGH VOLUME 295 167 388 392 RIGHT TURNING VOLUME 122 197 107 13 ' PEDESTRIANS 10 20 10 10 ARRIVAL TYPE 3 3 3 3 PEAK HOUR FACTOR 0.77 0.71 0.75 0.72 PERCENT HEAVY VEHICLES 0.07 0.05 0.06 0.06 NUMBER OF BUSES 0 0 2 2 GRADE 0.00 0.02 0.00 0.00 THROUGH LANE UTILIZATION FACTOR 1.00 1.00 1.00 1.00 BASE SATURATION FLOW 1800 1800 1800 1800 NUMBER OF LANES 3 2 3 3 PARKING? N N N N PARKING MANUEVERS PER HOUR 0 0 0 O SIGNAL TYPE: PRE -TIMED CYCLE LENGTH: 64 NORTHBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 2 17 10 NUMBER OF LANES 1 1 1 LANE WIDTH 12 12 12 GREEN TIME 23.0 23.0 23.0 SOUTHBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 5 10 0 NUMBER OF LANES 1 1 � LANE WIDTH 12 12 0 GREEN TIME 23.0 23.0 0.0 EASTBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 2 17 10 NUMBER OF LANES 1 1 1 LANE WIDTH 12 12 12 GREEN TIME 29.0 29.0 29.0 WESTBOUND: LANE GROUP 1 LANE GROUP CONFIGURATION 2 NUMBER OF LANES 1 LANE WIDTH 12 GREEN TIME 29.0 LANE GROUP 2 17 1 12 29.0 LANE GROUP 3 10 1 12 29.0 .^ ~ ^ . . ****************************************************************************** HCM(1985) SIGNALIZED INTERSECTION CAPACITY ANALYSIS ****************************************************************************** INTERSECTION:KENNEDY DR. & HINESBURG RD. AREA TYPE:NON-CBD INTERSECTION LOCATION:SO. BURLINGTON DATE AND TIME PERIOD ANALYZED:1992 AM DHV ADDITIONAL INFORMATION: REV. TIMING + 1 SEC. GREEN & ADDED LT LANE (NB) & RT LANES (EB/WB) ANALYST:RJD TODAY'S DATE:10-14-86 ______________________________________________________________________________ THE INTERSECTION AVERAGE STOPPED DELAY IS: 24.5 THE INTERSECTION LEVEL OF SERVICE IS: C ______________________________________________________________________________ STOPPED DELAY (SEC/VEH) ADJUSTED LANE GROUP APPROACH APPROACH LANE GROUP VOLUME V/C DELAY LOS DELAY LOS ______________________________________________________________________________ 1 316.88 1.16 123.90 F NORTHBOUND 2 383.12 0.61 14.10 B 54.11 E 3 158.44 0.30 11.29 B ______________________________________________________________________________ 1 292.96 0.61 14.31 B SOUTHBOUND 2 277.46 0.53 13.10 B 13.72 B 3 0.O0 0,00 0.00 ______________________________________________________________________________ 1 117.33 0.30 8.55 B EASTBOUND 2 517.33 0.66 11.81 B 10.64 B 3 142.67 0.22 8.09 B ______________________________________________________________________________ 1 104.17 0.30 8.59 B WESTBOUND 2 544.44 0.69 12.46 B 11.72 B 3 18.06 0.03 7.36 B ****************************************************************************** ' .. � . . ****************************************************************************** HCM(1985) SIGNALIZED INTERSECTION CAPACITY ANALYSIS ****************************************************************************** INTERSECTION:KENNEDY DR. & HINESBURG RD. AREA TYPE:NON-CBD INTERSECTION LOCATION:SO. BURLINGTON DATE AND TIME PERIOD ANALYZED:1992 AM DHV ADDITIONAL INFORMATION:REV. TIMING 02 & ADDED LT LANE (ND) & RT LANES (EB/WB) ANALYST:RJD TODAY'S DATE:10-14-86 ______________________________________________________________________________ *** INPUT INFORMATION *** ______________________________________________________________________________ ....-......... ....-......... -..-~...... ..-.-....... LEFT TURNING VOLUME THROUGH VOLUME RIGHT TURNING VOLUME PEDESTRIANS ARRIVAL TYPE PEAK HOUR FACTOR PERCENT HEAVY VEHICLES NUMBER OF BUSES GRADE THROUGH LANE UTILIZATION FACTOR BASE SATURATION FLOW NUMBER OF LANES PARKING? PARKING MANUEVERS PER HOUR SIGNAL TYPE: CYCLE LENGTH: 244 41 Be 75 295 167 388 392 122 197 107 13 10 20 10 10 3 3 3 3 0.77 0.71 0.75 0.72 0.07 0.05 0.06 0.06 0 0 2 2 0.00 0.02 0.00 0.00 1.00 1.00 1.00 1.00 1800 1800 1800 1800 3 2 3 3 N N N N 0 0 0 0 RE -TIMED 64 NORTHBOUND: LANE GROUP 1 LANE GROUP CONFIGURATION 2 NUMBER OF LANES 1 LANE WIDTH 12 GREEN TIME 28.0 LANE GROUP 2 17 1 12 28.0 LANE GROUP 3 10 1 12 28.0 SOUTHBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 5 10 0 NUMBER OF LANES 1 1 0 LANE WIDTH 12 12 0 GREEN TIME 28.0 28.0 0.0 EASTBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 2 17 10 NUMBER OF LANES 1 1 1 LANE WIDTH 12 12 12 GREEN TIME 22.0 22.0 22.0 WESTBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 2 17 10 NUMBER OF LANES 1 1 1 LANE WIDTH 12 12 12 GREEN TIME ~ 22.0 22.0 22.0 ' .. - ^ ~ . ****************************************************************************** HCM(1985) SIGNALIZED INTERSECTION CAPACITY ANALYSIS INTERSECTION:KENNEDY DR. & HINESBURG RD. AREA TYPE:NON-CBI) INTERSECTION LOCATION:SO. BURLINGTON DATE AND TIME PERIOD ANALYZED:1992 AM DHV ADDITIONAL INFORMATION:REV. TIMING #2 & ADDED LT LANE (NB) & RT LANES (EB/WB) ANALYST:RJD TODAY'S DATE:10-14-86 ______________________________________________________________________________ THE INTERSECTION AVERAGE STOPPED DELAY IS: 18.6 THE INTERSECTION LEVEL OF SERVICE IS: C ______________________________________________________________________________ STOPPED DELAY (SEC/VEH) ADJUSTED LANE GROUP APPROACH APPROACH LANE GROUP VOLUME V/C DELAY LOS DELAY LOS ______________________________________________________________________________ 1 316.88 0.90 30.61 D NORTHBOUND 2 383.12 0.50 10.34 B 17.51 C 3 158.44 0.25 8.67 B ______________________________________________________________________________ 1 292.96 0.48 10.17 B SOUTHBOUND 2 277.46 0.43 9.79 B 9.99 B 3 0.00 0.00 0.00 ______________________________________________________________________________ 1 117.33 0.41 12.73 B EASTBOUND 2 517.33 0.87 24.11 C 20.11 C 3 142.67 0.28 11.69 B ______________________________________________________________________________ 1 104.17 0.42 12.94 B WESTBOUND 2 544.44 0.91 28.73 D 25.77 D 3 18.06 0.04 10.61 B ****************************************************************************** ****************************************************************************** HCM(1985) SIGNALIZED INTERSECTION CAPACITY ANALYSIS ****************************************************************************** INTERSECTION:KENNEDY DR. & HINESBURB RD. AREA TYPE:NON—CBD INTERSECTION LOCATION:SO. BURLINGTON DATE AND TIME PERIOD ANALYZED:1992 AM Did'') ADDITIONAL INFORMATION: REV. TIMING #2 + 1 SEC. GREEN & ADDED LT LANE (NB) & RT LANES (EB/WB) ANALYST:RJD TODAY'S DATE:10-14-86 *** INPUT INFORMATION *** ______________________________________________________________________________ NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND LEFT TURNING VOLUME 244 41 88 75 THROUGH VOLUME 295 167 388 392 RIGHT TURNING VOLUME 122 197 107 13 PEDESTRIANS 10 20 10 10 ARRIVAL TYPE 3 3 3 3 PEAK HOUR FACTOR 0.77 Q. 0.75 0.72 PERCENT HEAVY VEHICLES 0.07 0.05 0.06 0.06 NUMBER OF BUSES 0 0 2 2 GRADE 0.00 0.02 0.00 0.00 THROUGH LANE UTILIZATION FACTOR 1.00 1.00 1.00 1.00 BASE SATURATION FLOW 1800 1800 1800 1800 NUMBER OF LANES 3 2 3 3 PARKING? N N N N PARKING MANUEVERS PER HOUR 0 0 0 0 SIGNAL TYPE: PRE —TIMED CYCLE LENGTH: 64 NORTHBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 2 17 10 NUMBER OF LANES 1 1 1 LANE WIDTH 12 12 12 GREEN TIME 29.0 ^ 29.0 29.0 SOUTHBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 5 10 0 NUMBER OF LANES 1 1 0 LANE WIDTH 12 12 0 GREEN TIME 29.0 29.0 0.0 EASTBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 2 17 10 NUMBER OF LANES 1 1 1 LANE WIDTH 12 12 12 GREEN TIME 23.0 23.0 23.0 WESTBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 2 17 10 NUMBER OF LANES 1 1 1 LANE WIDTH 12 12 12 GREEN TIME 23.0 23.0 23.0 ^ ~ ****************************************************************************** HCM(1985) SIGNALIZED INTERSECTION CAPACITY ANALYSIS INTER8ECTION:KENNEDY DR. & HINESBURG RD. AREA TYPE:NON-CBD INTERSECTION LOCATION:SO. BURLINGTON DATE AND TIME PERIOD ANALYZED:1992 AM DHV ADDITIONAL INFORMATION: REV. TIMING #2 + 1 SEC. GREEN & ADDED LT LANE (NB) & RT LANES (EB/WB) ANALYST:RJD ______________________________________________________________________________ TODAY'S DATE:10-14-86 THE INTERSECTION AVERAGE STOPPED DELAY IS: 16.2 THE INTERSECTION LEVEL OF ______________________________________________________________________________ SERVICE IS: C STOPPED DELAY (SEC/VEH) ADJUSTED LANE GROUP APPROACH APPROACH LANE GROUP ______________________________________________________________________________ VOLUME V/C DELAY LOS DELAY LOS 1 316.88 0.86 24.99 C NORTHBOUND 2 383.12 0.49 9.72 B 15.08 C 3 ______________________________________________________________________________ 158.44 0.24 8.19 B 1 292.96 0.46 9.54 B SOUTHBOUND 2 277.46 0.42 9.22 B 9.39 B 3 ______________________________________________________________________________ 0.00 0.00 0.00 1 117.33 0.39 12.03 B EASTBOUND 2 517.33 0.83 20.74 C 17.66 C 3 142.67 0.27 11.13 B ______________________________________________________________________________ 1 104.17 0.40 12.19 B WESTBOUND 2 544.44 0.87 23.83 C 21.64 C 3 18.06 0.03 10.11 B ****************************************************************************** ****************************************************************************** HCM(1985) SIGNALIZED INTERSECTION CAPACITY ANALYSIS ****************************************************************************** INTERSECTION:KENNEDY DR. & HINESBURG RD. AREA TYPE:NON-CBD INTERSECTION LOCATION:SO. BURLINGTON DATE AND TIME PERIOD ANALYZED:1992 PM DHV ADDITIONAL INFORMATION:EXISTING TIMING & GEOMETRICS ANALYST^.RJD ______________________________________________________________________________ TODAY'S DATE:10-20-86 ` ______________________________________________________________________________ *** INPUT INFORMATION *** NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND LEFT TURNING VOLUME 141 36 267 133 THROUGH VOLUME 179 269 479 444 RIGHT TURNING VOLUME 100 213 270 59 PEDESTRIANS 10 20 10 10 ARRIVAL TYPE 3 3 3 PEAK HOUR FACTOR 0.93 0.93 0.95 3 0.95 PERCENT HEAVY VEHICLES 0.03 0.03 0.05 0.05 NUMBER OF BUSES 0 0 2 2 GRADE 0.00 0.00 0.00 0.00 THROUGH LANE UTILIZATION FACTOR 1.00 1.00 1.00 1.00 BASE SATURATION FLOW 1800 1800 1800 1800 NUMBER OF LANES 2 2 2 2 PARKING'? N N N N PARKING MANUEVERS PER HOUR 0 0 0 0 SIGNAL TYPE: PRE -TIMED CYCLE LENGTH: 64 NORTHBOUND: LANE GROUP 1 ` LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 5 10 0 NUMBER OF LANES 1 1 LANE WIDTH 12 12 0 0 GREEN TIME 20.0 20.0 0.0 SOUTHBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 5 10 0 NUMBER OF LANES 1 1 0 LANE WIDTH 12 12 0 GREEN TIME 20.0 20.0 0.0 EASTBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 2 NUMBER OF LANES 1 13 1 0 LANE WIDTH 12 12 0 GREEN TIME 30.0 30.0 0 0.0 WESTBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 2 13 0 NUMBER OF LANES 1 1 LANE WIDTH 12 12 0 0 GREEN TIME 30.0 30.0 0.0 ****************************************************************************** HCM(1985) SIGNALIZED INTERSECTION CAPACITY ANALYSIS ****************************************************************************** INTERSECTION:KENNEDY DR. & HINESBURG RD. AREA TYPE:NON-CBD INTERSECTION LOCATION:SO, BURLINGTON DATE AND TIME PERIOD ANALYZED:1992 PM DHV ADDITIONAL INFORMATION:EXISTING TIMING & GEOMETRICS ANALYST:RJD TODAY'S DATE:10-20-86 ______________________________________________________________________________ THE INTERSECTION AVERAGE STOPPED DELAY IS: 31.4 THE INTERSECTION LEVEL OF SERVICE IS: D ______________________________________________________________________________ STOPPED DELAY (SEC/VEH) ADJUSTED LANE GROUP APPROACH APPROACH LANE GROUP VOLUME V/C DELAY LOS DELAY LOS ______________________________________________________________________________ 1 344.09 0.99 51.85 E NORTHBOUND 2 107.53 0.23 12.43 B 42.47 E 3 0.00 0.00 0.00 ______________________________________________________________________________ 1 327.96 0.65 16.53 C SOUTHBOUND 2 229.03 0.49 14.23 B 15.59 C 3 0.00 0.00 ______________________________________________ 1 281.05 0.89 EASTBOUND 2 788.42 1.02 0.00 _____________________________ 28.93 D 44.12 E 40.13 E 3 0.00 0.00 0.00 __________________________________________________________________________ 1 140.00 0.99 68.49 F WESTBOUND 2 529.47 0.66 11.38 B 23.32 C 3 0.00 0.00 0.00 ****************************************************************************** ./ HCM(1985) SIGNALIZED INTERSECTION CAPACITY ANALYSIS ****************************************************************************** INTERSECTION:KENNEDY DR. & HINESBURG RD. AREA TYPE:NON-CBD INTERSECTION LOCATION:SO. BURLINGTON DATE AND TIME PERIOD ANALYZED:1992 PM DHV ADDITIONAL INFORMATION:REV. TIMING & ADDED LT LANE (NB) & RT LANES (EB/WB) ANALYST:RJD TODAY'S DATE:10-20-86 ______________________________________________________________________________ *** INPUT INFORMATION *** --------------------------------- _____________________________________________ LEFT TURNING VOLUME THROUGH VOLUME RIGHT TURNING VOLUME PEDESTRIANS ARRIVAL TYPE PEAK HOUR FACTOR PERCENT HEAVY VEHICLES NUMBER OF BUSES GRADE THROUGH LANE UTILIZATION FACTOR BASE SATURATION FLOW NUMBER OF LANES PARKING? PARKING MANUEVERS PER HOUR SIGNAL TYPE: CYCLE LENGTH: 141 36 267 133 179 269 479 444 100 213 270 59 10 20 10 10 3 3 3 3 0.93 0.93 0.95 0.95 0.03 0.03 0.05 0.05 0 0 2 2 0.00 0.00 0.00 0.00 1.00 1.00 1.00 1.00 1800 1800 1800 1800 3 2 3 3 N N N N 0 0 0 0 RE -TIMED 64 NORTHBOUND: LANE GROUP 1 LANE GROUP CONFIGURATION 2 NUMBER OF LANES 1 LANE WIDTH 12 GREEN TIME 22.0 LANE GROUP 2 17 1 12 22.0 LANE GROUP 3 10 1 12 ' SOUTHBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 5 10 0 NUMBER OF LANES 1 1 0 LANE WIDTH 12 12 0 GREEN TIME 22.0 22.0 0.0 EASTBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 2 17 10 NUMBER OF LANES 1 1 1 LANE WIDTH 12 12 12 GREEN TIME 28.0 28.0 28.0 WESTBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 2 17 10 NUMBER OF LANES 1 1 1 LANE WIDTH 12 12 12 GREEN TIME 28.0 28.0 28.0 ****************************************************************************** HCM(1985) SIGNALIZED INTERSECTION CAPACITY ANALYSIS ****************************************************************************** INTBRSECTION:KENNEDY DR. & HINESBURG RD. AREA TYPE^^NON CBD INTERSECTION LOCATION:SO. BURLINGTON - DATE AND TIME PERIOD ANALYZED:1992 PM DHV ADDITIONAL INFORMATION:REV. TIMING & ADDED LT LANE (NB) & RT LANES (EB/WB) ANALYST^RJD TODAY'SDATE:10-20-86 _______.__________________________________ THE INTERSECTION AVERAGE STOPPED DELAY IS: 12.3 --------------------------- THE INTERSECTION LEVEL OF SERVICE IS: B ______________________________________________________________________________ STOPPED DELAY (SEC/VEH) APPROACH LANE GROUP ADJUSTED LANE GROUP APPROACH VOLUME V/CDELAYLOSDELAY LOS --------------------------------------------- ____________ _____________ 1 151.61 0.53� 14.24 B NORTHBOUND 2 192.47 0.32 11.85 B 12.53 B 3 107.53 0.21 11.31 B ______________________________________________________________________________ 1 327.96 0.54 13.62 B SOUTHBOUND 2 229.03 0.44 12.78 B 13.27 B 3 ______________________________________________________________________________ 0.00 0.00 0.00 1 281.05 0.71 15.19 C EASTBOUND 2 504.21 0.66 12.35 B 12.43 B 3 ______________________________________________________________________________ 284.21 0.44 9.87 B 1 140.00 0.51 11.24 B WESTBOUND 2 467.37 0.61 11.58 B 11.18 B 3 62'11 0.10 8.04 B ****************************************************************************** ^^ , ^ ****************************************************************************** HCM(1985) SIGNALIZED INTERSECTION CAPACITY ANALYSIS ****************************************************************************** INTERSECTION:KENNEDY DR. & HINESBURG RD. AREA TYPE:NON-CBD INTERSECTION LOCATION:SO. BURLINGTON DATE AND TIME PERIOD ANALYZED:1992 PM DHV ADDITIONAL INFORMATION: REV. TIMING + 1 SEC. GREEN & ADDED LT LANE (NB) & RT LANES (EB/WB) ANALYST:RJD ______________________________________________________________________________ TODAY'S DATE:10-20-86 ______________________________________________________________________________ *** INPUT INFORMATION *** NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND LEFT TURNING VOLUME 141 36 267 133 THROUGH VOLUME 179 269 479 444 RIGHT TURNING VOLUME 100 213 270 59 PEDESTRIANS 10 20 10 10 ARRIVAL TYPE 3 3 3 3 PEAK HOUR FOCTOR 0.93 0.93 0.95 0.95 PERCENT HEAVY VEHICLES 0.03 0.03 0.05 0.05 NUMBER OF BUSES 0 0 2 2 GRADE 0.00 0.02 0.00 0.00 THROUGH LANE UTILIZATION FACTOR 1.00 1.00 1.00 1.00 BASE SATURATION FLOW 1800 1800 1800 1800 NUMBER OF LANES 3 2 3 3 PARKING? N N N N PARKING MANUEVERS PER HOUR 0 0 0 0 SIGNAL TYPE: PRE -TIMED CYCLE LENGTH: 64 NORTHBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 2 17 10 NUMBER OF LANES 1 1 1 LANE WIDTH 12 12 12 GREEN TIME 23.0 23.0 23.0 SOUTHBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 5 10 0 NUMBER OF LANES 1 1 0 LANE WIDTH 12 12 | 0 GREEN TIME 23.0 23.0 0.0 EASTBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 2 17 10 NUMBER OF LANES 1 1 1 LANE WIDTH 12 12 12 GREEN TIME 29.0 29.0 29.0 WESTBOUND: LANE GROUP 1 LANE GROUP 2 LANE GROUP 3 LANE GROUP CONFIGURATION 2 17 10 NUMBER OF LANES 1 1 1 LANE WIDTH 12 12 12 GREEN TIME 29.0 29.0 29.0 REAL PROPERTY PURCHASE AND SALE AGREEMENT THIS AGREEMENT is by and between OAK CREEK INVESTMENTS, a Vermont partnership of the City of South Burlington, Vermont (hereinafter referred to as "Seller") and the CITY OF SOUTH BURLINGTON, VERMONT, a municipality chartered pursuant to the laws of the State of Vermont (hereinafter referred to as "Buyer") and is made and entered into as of ther'\0c`% day of October, 1987. W I T N E S S E T H: In consideration of the mutual promises and agreements - herein contained, the parties agree as follows: 1. Agreement to Sell and Purchase. Seller agrees to sell and convey and Buyer agrees to purchase on or before January 31, 1988 all of that land approximately twenty-eight (28) acres described in Exhibit A attached hereto and made a part hereof. 2. Purchase Price. Buyer shall pay to Seller, a total purchase price for the property and premises of One Hundred Eighty -Five Thousand ($185,000.00) Dollars to be paid as follows: (a) $5,000.00 on deposit to be held by the Buyer's attorney. (b) $180,000.00 on the day of closing. 3. Contingency. This purchase shall be subject to the following contingencies: (a) Acquisition by Seller of valid fee simple title to the within described land. (oEsi.ER & WFinm.isEY Aju vy At Inur P O. Box 488 95 SI. Paul Strcel Burlinglon. VT 05402 (b) Approval by the City of South Burlington City Council and Planning Commission of Seller's application to subdivide adjacent land into one hundred fifteen (115) single family lots. (c) Acquisition by Buyer of 7.2 acres of land which has been designated as prime agriculture soil in order to exchange the development rights of said parcel'to Seller for the rights relating to Lots 101 through 115. The Buyer shall be under an obligation to utilize its best efforts to timely acquire the 7.2 acres of land. After its acquisition by Buyer, the Buyer shall be under a further obligation to use its best efforts -to obtain a transfer of development rights from the State of Vermont. This contingency must be met on or before January 1, 1989. (d) In the event Buyer is unable to acquire such additional land or if the development rights cannot be transferred, the purchase price set forth in Paragraph 2 shall increase to a total of Two Hundred Ten Thousand ($210,000.00) Dollars; the additional balance, if necessary, shall be paid to Seller on or before January 31, 1989. (e) Approval by the District Environmental Commission and all other appropriate authorities of Seller's Application to subdivide adjacent lands into 115 single family lots. 4. Representations and Warranties of Seller. The Seller warrants and represents to the Buyer, who is relying on such warranties and representations, that: ROESL.ER & Wiil 1 i1FSEY Am nv�r N lour P.O. Box 488 —2- 95 St. Paul Street Burlington, VT 05402 (a) Seller has any and all authority necessary for the execution of this Agreement and all Exhibits hereto, and the consummation of all transactions called for herein. (b) Seller has good and marketable title to the land and premises being sold to Buyer herein, and will convey the same to Buyer free and clear of all encumbrances. There are no claims or any basis for claims known to Seller which could reasonably be expected to result in the creation or existence of any lien, encumbrance, interest, claim or demand on or against the Assets or against the Buyer. (c) There is no litigation or claim of any nature whatsoever pending or threatened against Seller and Seller does not know or have reasonable grounds to know of any basis for any such action. 5. Further Consideration. As further consideration for the purchase of the within described premises and property Seller shall convey to Buyer the following: (a) Any and all surveys of said property; in the alternative, Buyer has seller's express permission to enter upon the premises in order that Buyer may complete a survey of the within described parcel. (b) A current title insurance policy or policies, which shall insure Buyer as owner for the full amount of said purchase price in the event of loss or damage resulting by reason of defect in Seller's title; Buyer shall pay for one-half (1/2) of the cost of such policy. )FSI.ER & WHI'i"[1 FSEY AUo r A/ Inw PO Box4 -3- 95 sl. Paul slroel Burlington, VT 05402 (c) Seller shall also maintain the premises, prior to closing and shall leave the premises in a clean and orderly condition. 6. Closing. The closing of title, in regard to said parcels, shall be held on or before January 31, 1988 at 9:00 a.m. or at such earlier time as the Buyer may reasonably request, at the offices of Roesler.& Whittlesey, 95 St. Paul Street, Burlington, Vermont, or at such other place as may be agreed upon by the parties hereto. 7. Title. At the closing of title, Seller shall deliver to Buyer a Warranty Deed sufficient to convey to buyer good.and marketable title to the property, free of any encumbrances and defects affecting marketability, except as set forth in Exhibits A and B (including, but not limited to, certain utility easement rights or similar easements allowing for the full development of this and Seller's adjacent land. Buyer shall be entitled to full possession of the premises at the time of the closing. 8. Title Examination. Buyer shall pay all costs incidental to searching of title. Buyer shall examine the title to the Seller to the property, and in the event that the title of the Seller to the property should be unmarketable, Buyer may declare this Agreement null and void, or choose to allow the Seller to perfect the title prior to closing. If the Seller shall not perfect or be unable to perfect on or before the date of closing, the date of closing shall be extended for a period of thirty (30) days to enable the Seller to perfect. OES1ER & WH1Tn .ESEY Ntonvyc k lnur P O. Box 488 95 SI. Paul Slreel Burlington, VT 05402 In the event the Seller is unable to perfect title within the additional thirty (30) days extension of the closing period, then Buyer may either accept such title as the Seller is able to convey or at Buyer's option it may declare this Agreement null and void, in which event all deposits then held by Seller's agent shall be refunded. 9. Proration of Taxes and Other Charges. Taxes for the current fiscal year July 1, 1987 through June 30, 1988, shall be prorated between the parties as of the day of closing. Water, sewer use charges, and all utilities, if any, shall be prorated to the date of closing. The net amount of the adjustments shall be added to or deducted from, as the case may be, the purchase price payable by Buyer at the time of delivery of the deed. 10. Transfer Tax and Land Gains Tax. Buyer shall pay any Vermont Property Transfer Tax which may be due. Seller shall pay any Vermont Land Gains Tax which may be due. 11. Broker. The Buyer and Seller represent that no real estate agents or brokers have been involved in the preparation of or consummation of this Agreement; Buyer and Seller shall each indemnify the other from any claim for any commission. 12. Contracts and Commitments. Seller warrants that it is not a party to, and it is not aware of, any leases, contracts, litigation or commitments of any kind, oral or written, which would void or materially affect Seller's ability to perform pursuant to this agreement. SLER & WHITTIF_Sn Au--yr,V Inm RO Box 498 -5- 95 SI. Paul Street 31irlington, VT 05402 13. Notices. Any notice, request, demand or statement to be given hereunder shall be in writing and shall be deemed given when deposited in the United States Mail, postage prepaid, return receipt requested, addressed as follows: If To Seller: Oak Creek Investments�J � -Two ti OA�s Terc�c,. UT os�to3 With A Copy To: Jon R. Eggleston, Esq. Miller & Eggleston P.O. Box 1489 Burlington, VT 05402 If To Buyer: City of South Burlington C/o City Manager City Hall South Burlington, Vermont 05403 With A Copy To: Robert C. Roesler, Esq. Roesler & Whittlesey P.O. Box 488 Burlington, VT 05402 14. Risk of Loss. Throughout the period between the date of the Agreement and the closing of title, the risk of loss shall be on the Seller and the Seller shall carry extended coverage insurance on the property. 15. Inspection of the Property. The Seller agrees to permit the Buyer to inspect the property at any reasonable time before closing. The Seller will permit access for all inspections provided for in this contract. 16. Succession, Governing Law. This Agreement shall be binding upon the heirs, administrators, executors, successors and assigns of the parties hereto, and shall be governed by Vermont law. HESEY OESLYR & WPTT[ PO. Bo. 488 —6- 95 SA. Paul Stroel Burloglon, VT 05402 OESLFR & WHnTL.ESEY AU —my, Ai I—, P.O. Box 488 95 St. Paul Street Burlington, VT 05402 17. Complete Agreement. This Agreement contains the entire understanding of the Buyer and Seller as well as between the Sellers relating to the subject matter hereof or arising therefrom and may not be changed, modified, amended, waived or discharged, except by an instrument of writing, signed by the party against whom such charge, modification, amendment, waiver or discharge is to be enforced. 18. Severability. In the event that any of the provisions, or portions thereof, of this contract are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions, or portions thereof, shall not be affected thereby and effect shall be given to the intent manifested by the provisions, or portions thereof, held to be enforceable and valid. 19. Termination. Except if otherwise excused pursuant to this Agreement, in the event the Buyer shall fail to pay the balance of the Purchase Price as provided in this Agreement, the Seller shall cancel this Agreement and the amounts previously paid shall be retained by the Seller as its sole liquidated and agreed damages. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the date set forth above. IN THE PRESENCE OF: Wi Zss .eet:�. Witness 0 _7— SELLER OA7CREE INVESTMENTS Its Duly Authorized Agen . BUYER CITY OF SOUTH BURLINGTON 3 lIts Duly Authorized Agent STATE OF VERMONT COUNTY OF CHIT ENDEN At in said Count this day of October, 1987 ersonally appeared a duly authori d agent of the OAK CREEK INV STM N an e acknowledged this instrument, by him signed, to be his free act and deed and the free act and deed of the OAK CREEK INVESTMENTS. /1 Before m STATE OF VERMONT COUNTY OF CHITTENDEN At �C�r' �� < in said County, this day of October 1987, persbhally appeared a duly authorized agent of the City of South Burlington, and he acknowledged this instrument, by them signed, to be his free act and deed and the free act and deed of the City of South Burlington. Before me;J`(�� Notary P6blic ' iI FR & WFII•i'i'I.F-SLY w„nor k r,rr, P.O. Box 4B8 95 St. Paul Street —8— surlington, VT 05402 s 2ey etx_, 1 4 e- A rLT Lf- T7 SEwA6re A'ri4t �1T NT PRELIMINARY PLAT SUBMITTAL-8 s co SHEET#4 37 i 1 I I I I 3L 46 SHEET *3 ILs AIv I \ I I I I STREET A -_ ti/c CLONJ.VJ •4wrR. ••+•• N/FG AL KIDS JO �' ..� 7 I I I I I I IA9 PARCEL j j I I I I �- `--� •, SHEET#S I� L_ 7" 52 "5o U6 - _ - -. _- --- HItiESBURQ ROAD v21�n a¢Y ,pYa¢ICL�Lj JYpI. }pi I i x¢a•� IJ zey i c•Q� .�Llr A�,¢,cw,LTu¢,aL 4,olLw - ._,_1 ocGwE To aa2G a -r• jt W /F 2Yt TES I .rE T.Y,•� ,D.�\./I•�q Fc¢ co.+t!a,a:.T,owJ wwLC _,;es ,T..IE o.ILY � r •.C-,':'� L WY " V3L0��.^EE -, •� Ci \V IJER .OR ftECORO; •.!i'1O+1 '•: .;cE -¢ ✓I VEQAO61T STRUCTURAL 50. fCJILI .I,. Iq T"A vEa T STeEL L KFIOV TIOJ b t uy 26. 2 _ r—a ler. j EaURLIJ4TOJI \/Ce•a uLl I TOT-,- lox AGeE• DEVELOPneJT ILICLUOE:J 'SY THESE DeAw I Ic s'1 Ilo� .Iuc., I_E F^, LY LJTS.CITY OPE: a tPACEN JJO TM6 ,D i P-eLEL . 5. r'Ee�'�E-,E� PRoPE ¢Tl Uw1E IUFOE A.a-Iowa TAK EJ FRO.k PLA" Ew11 TLEC ' JwJITED R*ALTY C.OZ0,1PLATIo4 e.AD l"w"Peery' Fly CIVIC JEE elUC- ASSOCI TE•- I •-. ISHE L5UeW VEe -.OIJT DATED WOO E-fbeGe IS, 19i0, •, /AIUI/n U•�\ RESIQr"TIAL LOT SI LE Ij, nno•,,., RT 1. P-EL•LOTS UTII-IZE `UBI_Ic FAc''._I"LIES ('.aEE 7FJE l_TS 2-16%. ,3, T", SET OF COLJSTIEUCT,ON oeAWIUi.7 '5weET5 1-1(-)-XPPl_Y To Twe j F'QOPOSEO DEVELOIY/AI!QT OF II�j 'alu,LE F—AIL( LOTS. DEVELOP/AE,1T OF '_OT Iz AJD/OR TIDE IAy PWIRCEL IS 4101- PACT OF THIS Co"TIII , 9. SEE JoTES ON SHEET Loa 1` , 10 -.&T Ns,PE : 4Gzw_: .J I45 'iota IOJcl CC¢4S IwJ GrO¢ Za,.1R T-r k. OPR,J �.aac.a Fvo..,Dao IJ OIJE xoJlof TQ. T 4.Q60 o , C i C. • I'J & xeas �v. e.1 srAca 1I1 Io AG¢e o¢I,n 4cr¢I: 1LV2OL pAOLEL To rcE vMOIc&Tao •To TWIM uTY of So13TY-Y a9w1QLI.JCJTo1.l • 2.6 ^ F_S '0 -.,re -YOuT , A4 PQOPOSEU, :S 'fo Go,.1rAIJ IIS acslo EJToL --sr. Lory. T� 17 1o„11'wlgew}T of - � Tz4J---sGL of c-t1I%Lawrows11T (TOQ) r m TI,E _7.z' ACaa5 J E,0 10T' LOTS 101 - 117 . SHEET #I2 SOUTH WILL BURLIN N wl/1- HILL LOCUS SCALE: I INCH- U MILES INDEX SHEET TITLE 1 OVERALL SITE PLAN 2 SITE AND UTILITIES PLAN 3 SITE AND UTILITIES PLAN 4 - SITE AND UTILITIES PLAN 5 SITE AND UTILITIES PLAN 6 ROADWAY AND UTILITIES PROFILES ST. "All 7 ROADWAY AND UTILITIES PROFILES ST "B" 8 ROADWAY AND UTILITIES PROFILES ST. "C" 9 ROADWAY AND UTILITIES PROFILES ST."D" 10 ROADWAY AND UTILITIES PROFILES ST. "E"I 1/ SANITARY SEWER PLAN AND PROFILE 12— MISCELLANEOUS DETAILS 13 - TYPICAL DETAILS -SITE FACILITIES I4 - TYPICAL DETAILS-SITEFACILIT/ES 11 TYPICAL DETAILS -EROSION CONTROL AND SITE FACILITIES I6- -- PUMP STATION DETAILS I/f --- - -- LANDSCAPE PLAN LEGEND -0T --- ao i eAtu,MuT LJE 5u¢aT II-IDIGES I/AATG FI LIIJ�S APPROXIMATE SCALE : I' N 100' ,Do SD $00 ro0 300 400 SOD fOD — L D B DEVELOPMENT PISTON _---- -- - - ---- - -- --_ VERMON OVERALL SITE PLAN INDEX OF SHEETS rp�-ey—�" eye g�q gg� 7PA RI` K E------86030 IIIIICI YYY [I _ om �� tl p q Yqp ktl�a WW�1ilp pi3Y EWE SEPT, EPT 1986 LP,Egq fqa®Y dKK`�d INCORPORATED IuwY 11 FL ENGINEERING AND PLANNING SERVICES _-- IIIw N, �IYu1 -D - 1844 ESSEX JUNCTION VERMONT ,110 .. IR FitZPATRICK-LLEWELLYN INCOk. _�ATED Engineering & Planning Services The Kiln - 15 Brickyard Road ESSEX JUNCTION, VERMONT 05452 (802) i878-3000 TO j' 1 �� ✓' f 1y1G, +_Cwl WE ARE SENDING YOU x Attached ❑ Under separate cover via_ ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ LIEUTE.-A)F MUSETTURL DATE ATTENTION RE the following items: ❑ Samples ❑ Specifications COPIES DATE NO. DESCRIPTION Y1 uC� r�l Avt r� I •'� '3o�hh 2 iLi �C 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 Ej ❑ FOR BIDS DUE 19 _ 1;14u►_1:1:1y ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED: �L(/C�L� U✓^- FROMICT2e0.2 nE s Inc, cmmn, rm olan. If enclosures are not as noted, kindly notify us at once. ScPDU PLANNING COMMISSION 23 SEPTEMBER 1986 PAGE 9 cause of traffic noise. D F((L i1i IiXORPOORPO IFYtELLYN I i i RAIED 1 i ;(r. E3o�� "OCT 1 6'. 1986 Lowell Krassner felt the plan was an improvement over present conditions but was concerned about another traffic light to slow things down even more on Williston Rd. 8. Continue JOINT-.-PUBIJ \HEARING: Preliminary Plat application ootLDB, Inc: for a 115 single family lot sub- division on 71.8—acY`es'--•1175 Hinesburg Rd. Mr. Jacob stepped down from the Commision during this dis- cussion, and Mr. Farrar presided. Mr. Farrar advised that the City and the developer have had several discussions over purchase of land for the City park. He said he thinks they have an agreement for the developer to sell the City 28 acres of the land zoned Industrial. The new plan has 115 lots and eliminates the upper cul de sac. They now show development of 7.2 acres of prime ag soil with 17.8 acres of open space and 2.8 acre piece given to the city. The Hinesburg Rd. strip is the same. The outlay more closely approximates the desired park boundary. Mrs. Maher felt they should get lo-�S 69, 70, and 71 instead of the drainageway for open space. Other members were not as concerned with this and all felt it was the best plan seen yet. Mr. Murray said he felt that 50 years from now it would be looked at as a good plan. Council members felt very pleased with the plan. Mr. Dooley then moved on behalf of the Planning Commission to approve the Preliminary Plat of LDB, Inc., (Mery Brown) for the subdivision of a 100+ acre parcel into a 28.1 acre parcel of land zoned Industrial -Agricultural, 115 single-family lots, and 20.6 acres of open space to be dedicated to the City as depicted on a plan entitled "LDB Development, South Burlington, Vermont" prepared �2y Fitzpatrick -Llewellyn, Inc., dated September, 1986 with the following stipulations: 1. The Final Plat shall show street names, a landscaping plan with 3"-4" diameter street trees and landscaping for indivi- dual lots. 2. All streets shall include concrete curbs and a sidewalk on one side. Land for street connectors to adjoining parcels shall be deeded to the city. 3. Legal documentation for street dedications, street connec- tions, water and sewer and open space shall be prepared for PLANNING COMMISSION 23 SEPTEMBER PAGE 10 approval 12y the City Attorney prior to final plat. 4. All engineering details shall be submitted for final plat approval. 5. Bonds for streets, water and sewer shall be posted prior to permit in an amount determined bythe City Engineer. 6. A sewer allocation of 51,750 gallons per day is made in accordance with the South Burlington sewer policy. This pro- ject is placed on the waiting list until additional capacity is available at the Airport Parkway Treatment Plant. The $2.50 per gallon fee shall be paid prior to permit. 7. A phasing plan shall be submitted for final plat. 8. The proposed pedestrian trail along the southern property line as planned in the Comprehensive Plan shall be shown on the plans and dedicated to the City. 9. A traffic study indicating the impact on the Hinesburg/ Kennedy Drive intersection and the need for the deceleration lane and any other traffic improvements shall be submitted prior to final plat. 10. The traffic fee shall be paid prior to permit in accord- ance with the formula established for the Hinesburg Rd/Kennedy Drive intersection. The amount shall be determined prior to Final Plat approval. 11. The streets and curbs shall be installed prior to the issuance of a building permit. 12. In accordance with Section 412.2 of the subdivision regulations, no topsoil sand, or gravel shall be removed from the subdivision for any other purpose than to meet the construction needs of this subdivision or to meet any requirements of the regulations. 13. The final plat shall be submitted within 18 months or this approval is null and void. Mrs. Maher seconded, and the motion passed the Commission unanimously. Mr. Murray made the same motion on behalf on the City Council, adding the following item: 14. Information shall be submitted prior to final plat so the City Council can make a determination of findings of fact as PLANNING COMMISSION 23 SEPTEMBER PAGE 10 approval by the City Attorney prior to final plat. 4. All engineering_ details shall be submitted for final plat approval. 5. Bonds for streets, water and sewer shall be posted prior to permit in an amount determined by the City Engineer. 6. A sewer allocation of 51,750 gallons per day is made in accordance with the South Burlington sewer policy. This pro- ject is placed on the waiting list until additional capacity is available at the Airport Parkway Treatment Plant. The $2.50 per gallon fee shall be paid prior to permit. 7. A phasing plan shall be submitted for final plat. 8. The proposed pedestrian trail along the southern property line as planned in the Comprehensive Plan shall be shown on the Tans and dedicated to the City. 9. A traffic study indicating the impact on the Hinesburg/ Kennedy Drive intersection and the need for the deceleration lane and any other traffic improvements shall be submitted prior to final plat. 10. The traffic fee shall be paid prior to permit in accord- ance with the formula established for the Hinesburg Rd/Kennedy Drive intersection. The amount shall be determined prior to Final Plat approval. 11. The streets and curbs shall be installed prior to the issuance of a building permit. 12. In accordance with Section 412.2 of the subdivision regulations, no topsoil sand, or gravel shall be removed from the subdivision for any other purpose than to meet the construction needs of this subdivision or to meet any requirements of the regulations. 13. The final plat shall be submitted within 18 months or this approval is null and void. Mrs. Maher seconded, and the motion passed the Commission unanimously. Mr. Murray made the same motion on behalf on the City Council, adding the following item: 14. Information shall be submitted prior to final plat so the City Council can make a determination of findings of fact as PLANNING COMMISSION 23 SEPTEMBER 1986 PAGE 11 required by the Ordinance. Mr. Flaherty -seconded, and the motion passed the Council unanimously. Other Business Mr. Brennan will make a presentation on TDR's at the next meeting. The sidewalk policy will also be discussed. As there was no further business, the meeting adjourned at 11 pm. Clerk 6(PD6v PLANNING COMMISSION 23 SEPTEMBER 1986 PAGE 9 cause of traffic noise. MflTu �;i:uClf-IIEYtEIl.YM —1 Ii:CORPORATED n 'OCT 6 1986 Lowell Krassner felt the plan was an improvement over present conditions but was concerned about another traffic light to slow things down even more on Williston Rd. 8. Continue JOINTPUBLZC HEARING: Preliminary Plat application otLDB, I1U.;- for a 115 single familylot sub- division on 71.8'—acres;--'1175 Hinesburg Rd. Mr. Jacob stepped down from the Commision during this dis- cussion, and Mr. Farrar presided. Mr. Farrar advised that the City and the developer have had several discussions over purchase of land for the City park. He said he thinks they have an agreement for the developer to sell the City 28 acres of the land zoned Industrial. The new plan has 115 lots and eliminates the upper cul de sac. They now show development of 7.2 acres of prime ag soil with 17.8 acres of open space and 2.8 acre piece given to the city. The Hinesburg Rd. strip is the same. The outlay more closely approximates the desired park boundary. Mrs. Maher felt they should get lo-',,,69, 70, and 71 instead of the drainageway for open space. Other members were not as concerned with this and all felt it was the best plan seen yet. Mr. Murray said he felt that 50 years from now it would be looked at as a good plan. Council members felt very pleased with the plan. Mr. Dooley then moved on behalf of the Planning Commission to approve the Preliminary Plat of LDB, Inc., Mery Brown for the subdivision of a 100+ acre parcel into a 28.1 acre parcel of land zoned Industrial -Agricultural, 115 single-family lots, and 20.6 acres of open space to be dedicated to the City as depicted on a plan entitled"LDB Development, South Burlington, Vermont" prepared 12y Fitzpatrick -Llewellyn, Inc., dated September, 1986 with the following stipulations: 1. The Final Plat shall show street names, a landscaping plan with 3"-4" diameter street trees and landscaping for indivi- dual lots. 2. All streets shall include concrete curbs and a sidewalk on one side. Land for street connectors to adjoining parcels shall be deeded to the city. 3. Legal documentation for street dedications, street connec- tions, water and sewer and open space shall be prepared for PLANNING COMMISSION 23 SEPTEMBER PAGE 10 approval by the City Attorney prior to final plat. 4. All engineering details shall be submitted for final plat approval. 5. Bonds for streets, water and sewer shall be posted prior to permit in an amount determined by the City Engineer. ,6. A sewer allocation of 51,750 gallons per day is made in accordance with the Sooth Burlington sewer policy. This pro- ject is placed on the waiting list until additional capacity is available at the Airport Parkway Treatment Plant. The $2.50 per gallon fee shall be paid prior to permit. 7. A phasing plan shall be submitted for final plat. 8. The proposed pedestrian trail along the southern property line as planned in the Comprehensive Plan shall be shown on the plans and dedicated to the City. 9. A traffic study indicating the impact on the Hinesburg/ Kennedy Drive intersection and the need for the deceleration _lane and any other traffic improvements shall be submitted prior to final plat. 10. The traffic fee shall be paid prior to permit in accord- ance with the formula established for the Hinesburg Rd/Kennedy Drive intersection. The amount shall be determined prior to Final Plat approval. 11. The streets and curbs shall be installed prior to the issuance of a building permit. 12. In accordance with Section 412.2 of the subdivision regulations, no topsoil sand, or gravel shall be removed from the subdivision for any other" purpose than to meet the construction needs of this subdivision or to meet any requirements of the regulations. 13. The final plat shall be submitted within 18 months or this approval is null and void. Mrs. Maher seconded, and the motion passed the Commission unanimously. Mr. Murray made the same motion on behalf on the City Council, adding the following item: 14. Information shall be submitted prior to final plat so the City Council can make a determination of findings of fact as PLANNING COMMISSION 23 SEPTEMBER 1986 PAGE 11 required by the Ordinance. Mr. Flaherty -seconded, and the motion passed the Council unanimously. Other Business Mr. Brennan will make a presentation on TDR's at the next meeting. The sidewalk policy will also be discussed. As there was no further business, the meeting adjourned at 11 pm. Clerk T a Ji • �. s[nj w4 TL n4.�3 T 1 F A el• 4 ` 1e r � 1 Nt 1.t_ 1 • r [ • 1 tom; i - E cs q., f �J G�1.aIN7 l�`%CA-1— �� T rV ° lW°• OL IGtCJV' J; iz. s7eet_ P f •i � i i I C I o u i Y A 1 I J • • j T.7YFC Y"4+N IT7 NJ GT 4 Fb•u tlG-T F.o. w. c.ul �e..r'..., � svo M1IT Ra n�ws.P�N • �1• C ' To .W.16 N4-'If \ MVYMti1f I • to CA- f `r° pc.,w� c1' i City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 September 27, 1989 Mr. Lance Llewellyn Fitzpatrick -Llewellyn Associates One Wentworth Drive Williston, Vermont 05495 Re: Oak Creek Village landscape plan Dear Lance: ZONING ADMINISTRATOR 658-7958 This letter serves to confirm that the City has approved your request to suhst.itute the proposed k�e�rm, plantings as outlined in your letter dated September 7, 1989. the Planning Commission, at its 9/26/89 meeting, determined that the proposed change is not significant and therefore could be handled administratively. It is the City's opinion that the proposed changes would meet the intent and value of the originally approved landscape plan. If you have any questions, please do not hesitate to contact. me. Sincerely, Joe Weith, City Planner JW/mcp ) (j � " tA- 7/o/el ZA 1VV 5cA P 9 0,4 1- v,xa4dt)M PC 1? 1*1 i; 5-6 4 - l # — Al ) CIO IA)0164A�d -7,VA-r Ile xj C"JTOZ-r Pg-IC6 - SOUTH BURLINGTON RECREATION DEPARTMENT 575 DORSET ST., SOUTH BURLINGTON, VT 05403 TEL: (802) 658-7956 BRUCE O'NEILL, CLP DIRECTOR THOMAS HUBBARD, CLP ASS'"T DIRECTOR TO: Joe Weith, Planner FROM: Bruce O'Neill, Recreation Director RE: Red Rocks Condominium Project DATE: Sept. 5, 1989 The Red Rocks Park Advisory Committee would like to thank you and the Planning Commission for the opportunity to review the Phase III development of the Red Rocks Condominium project. We have developed several thoughts that we would like to make you and the Planning Commission aware of: 1. Although the park is near the proposed development, we do not want the impression created that the park is the "backyard" for the condos. It is a South Burlington Park and all the rules and regulations governing its use must be adhered to (No bicycles on trails, No snowmobiles or vehicles of any kind, animals must be under owners control, etc.) 2. The set -back as required should be kept in its natural condition with no clearing or paths or other access to the park constructed. 3. All trees in the set -back should be protected from damage during the construction period. I am attaching a copy of the South Burlington Park Ordinance and have highlighted sections that the developers and residents should be aware of. We would like the developer to construct a fence along the property line if it can be done without removing any trees, but most importantly we want it recognized that Red Rocks is a natural area and we want the integrity of the park kept in mind at all times. FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive 0 Williston 0 Vermont • 05495 • (802) 878-3000 7 September 1989 Mr. Joe Weith City Planner City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 RE: Oak Creek Landscape Plan Revision FILE: 87136 Dear Joe: In reviewing the Oak Creek Landscape plan for the 200 foot buffer strip along Hinesburg Road, we are concerned that the 56 shrubs may not attain a height which will make them an effective screen. In this regard, we have asked Rob Schantz, Creative Landscaping, to propose an alternative plan while keeping the intent and costs approximately equal. Mr. Schantz has provided the attached letter outlining these changes. The proposed landscaping would be dispersed along the berms in an arrangment similar to the original design. Mr. Brown wishes to install this landscaping as soon as possible. Please advise us as to your procedural requirements. Very Truly Yours, FITZPATRICK-LLEWELLYN INCORPORATED Lanc A. L ewellyn, P.E. cc: Mery Brown Rob Schantz LAL/mam Design • Inspection • Studies • Permitting • Surveying CREATIVE LANDSCAPING & TREE SERVICE P.O. Box 147, Jericho, Vermont 05465 802-899-2709 T /'/7c?xCz,W/ 4" 4�i cta-1 7v : .2p v�U J�OZ 7-W1, 7 FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive 0 Williston • Vermont • 05495 • (802) 878-3000 7 September 1909 Mr. Joe Weith City Planner City of South Durlington 575 Dorset Street South Burlington, Vermont 05403 RE- Oak Creek Landscape Plan Revision F I L,,E : 07136 Dear Joe: In reviewing the Oak Creek Landscape plan for the 200 foot buffer strip along Hinesburg Road, we are concerned that the 56 shrubs may not attain a height which will make them an effective screen. In this regard, we have asked Rob Schantz, Creative Landscaping, to propose an alternative plan while keeping the intent and costs approximately equal. Mr. Schantz has provided the attached letter outlining these changes. The proposed landscaping would be dispersed along the berms in an arrangment similar to the original design. Mr. Brown wishes to install this landscaping as soon as possible. Please advise us as to your procedural requirements. Very Truly Yours, FITZPATRICK-LLEWELLYN INCORPORATED IrnCL Lanc. A. ::Ilyn, P.E. cc: Mery Brown Rob Schantz LAL/mam Design • Inspection • Studies • Permitting • Surveying CREATIVE LANDSCAPING & TREE SERVICE P.O. Box 147, Jericho, Vermont 05465 802-899-2709 -14 /7 --P -4 ")�' 44tiz j - 7v : .2o �� , ,�drzr .rc.�f,�✓r� q Z- ,�} hla �2oyEa 41 v��rrf��• �3� � , City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 October 28, 1987 Mery Brown Valiant Construction 200 Twin Oaks Terrace South Burlington, Vermont 05403 Re: Oak Creek Village Dear Merv: ZONING ADMINISTRATOR 658-7958 In my letter of October 8, 1987 I neglected to mention the cash contribution for sidewalks on Hinesburg Road. This fee is based on your share of the undeveloped frontage on the west side of Route 116 times the cost to build a complete sidewalk. (see enclosed) Your fee is $28,339 which is payable prior to permit. Please call me if you have any questions. Sincerely, Jane B. Lafleur, City Planner JBL/mcp cc: Richard Ward � 1 GREEN MOUNTAIN POWER CORPORATION Uv J jj November 4, 1986 Awl "n Fitzpatrick -Llewellyn, Inc. 15 Brickyard Rd. Essex Junction, VT 05452 Dear Sirs: This is a follow-up to the letter that our Mr. Eugene L. Shlatz wrote you on October 23, 1986 regarding inquiries about Green Mountain Power's ability to serve the electrical load for the proposed LDB Development consisting of 115 single family residences on Route 116 (Hinesburg Road), South Burlington, Vermont. I would encourage that you forward to us a reproducible Mylar site plan at your earliest possible con4enience. It requires up to 6 months to obtain some of the electrical materials to serve a residential project from the time a commitment is made by you. Even though you may not, at this time, have all your approvals, we would like to do our electrical distribution design and quote your costs for its installation. If street lighting is desired for this project, I urge that you indicate on the print the location you wish to locate the fixtures. Our Engineering Department can then include the necessary cable and/or transformers to accommodate on the construction design. I would also suggest that if plans are to have the City or Town take over the mainte- nance of the road(s) that they be given the opportunity to approve the street lighting plan. I look forward to hearing from you in the near future. BIB:daf Sincerely, Barry I: Benson Field Representative Williston Service Center Of ,r I 14 Merchant Street Green Mountain Drive Mechanic Street Montpelier, VT 05602 Vergennes, VT 05491 223-5235 877.2631 Route 2A Haystack Road Williston, VT 05495 Wilmington, VT 05363 658-8000 464.5208 128 Atkinson Street Barre, VT 05641 Bellows Falls, VT 05101 476.4133 463.3120 22 Main Street 100 South Main Street Wells River, VT 05081 White River Jct., VT 05001 757.2250 295-3270 GREEN MOUNTAIN POWER CORPORATION GREEN MOUNTAIN DRIVE • BOX 850 • SO. BURLINGTON, VT 05402 • (802) 864-5731 October 23, 1986 Fitzpatric-Lllewllyn 15 Brickyard Road Essex Junction, VT 05452 Gentlemen: �OCTi Z 4 �9a. We have reviewed your verbal request of September 30, 1986, which inquires about Green Mountain Power's ability to serve the elec- trical load for the proposed LDB Development consisting of 115 single-family residences on Route 116 (Hinesburg Road) in the City of South Burlington, Vermont. As you know, our comments are required so that a meaningful assessment can be made under 10 VSA Sections 6086 (a)(9)(F) and (J). Green Mountain Power has projected that the additional load for your proposed project will be approximately 150 Amps per Unit. This requirement can be supplied from Green Mountain Power's existing and planned generation sources. We have evaluated the transmission and distribution system that will be used to serve your project's requirements and have deter- mined that existing facilities are adequate for that purpose. We do not anticipate that your addition will require distribution or transmission improvements at this time or accelerate routine system improvements planned for the near future. In view of these facts, we conclude that the proposed development will not put an excessive or uneconomic demand on Green Mountain Power's facilities. Details concerning service size, scheduling, costs, etc., should be discussed with Mr. James Fontaine of the Williston Service Center. Very truly yours, Eugene L. Shlatz Director of Engineering ELS/ltr State of Vermont Department of Fish and Game Department of Forests, Parks, and Recreation Department of Water Resources & Environmental Engineering Natural Resources Conservation Council Vermont Structural Steel Corp. 207 Flynn Avenue Burlington, VT 05401 AGENCY OF ENVIRONMENTAL CONSERVATION December 5, 1986 Department of Water Resources and Environmental Engineering Essex Junction Regional Office III West Street Essex Junction, Vermont 05452 RE: Application #EC-4-1060 (Act 250 Case #4C0694); Proposed 115 Lot Subdivision, Hinesburg Road, South Burlington, Vermont. Gentlemen: The Protection Division has reviewed the plans and specifications prepared by FitzPatrick-Llewellyn, Inc., for the sewer line extension and pump station to serve the above referenced project. Before our approval can be granted, we need the following: (1) Approval letters from the Department of Health, City of South Burlington, and Champlain Water District, for the proposed water line extension and water availability. (2) Approval letter from the City of South Burlington for the disposal of wastewater generated by the 115 lots (51,750 gallons per day) to be treated by the Airport Parkway Treatment Plant. (3) Approval letter from the City of South Burlington accepting the sewage from the 115 lots to the Mitel Pumping Station. Should you have any questions, please contact this office. Sincerely, Z Z e /-1 C� &'��zet Ernest P. Christianson Regional Engineer CC: Katherine Vose' City of South Burlington Department of Health William Szymanski LDB, Inc. FitzPatrick-Llewellyn, Inc. ,ONE AGFtiC� STATE OF VERMONT 9M AGENCY OF TRANSPORTATION 133 State Street, Administration Building Montpelier, Vermont 05602 SPORE November 21, 1986 Roger J. Dickinson FitzPatrick-Llewellyn, Inc. The Kiln, 15 Brickyard Road Essex Junction, VT 05452 RE: South Burlington, VT 116, LS 105+50 LT LDB Subdivision, Job #86030 Dear Mr. Dickinson: A review has been completed of your Traffic Impact Evaluation for this project. In accord with Agency standards, a right -turn deceleration Lane is required for southbound traffic turning into the development. Any rights required outside of the existing right-of-way for roadway slopes or ditching must be acquired by the developer for the Agency of Transportation sufficient to allow our crews to maintain the slopes and ditches. Detailed engineering plans showing the intersection with pavement markings and cross-sesctions should be submitted to the Agency for review and approval sufficiently in advance of construction for us to receive a copy of the City and Act 250 approvals, and then for us to issue your access permit. Sincerely, Wayne G . Martin Utilities Engineer WGM:RW:dd CC: Katherine Vose, Coordinator City Planner, Jane LaFleur John Wood, DTA #5 Utility File Lj � 1 7 AA 119'J STATE OF VERMONT AGENCY OF TRANSPORTATION 133 State Street, Administration Building Montpelier, Vermont 05602 tiSp091 November 21, 1986 Roger J. Dickinson FitzPatrick-Llewellyn, Inc. The Kiln, 15 Brickyard Road Essex Junction, VT 05452 RE: South Burlington, VT 116, LS 105+50 LT LDB Subdivision, Job #86030 Dear Mr. Dickinson: A review has been completed of your Traffic Impact Evaluation for this project. In accord with Agency standards, a right -turn deceleration lane is required for southbound traffic turning into the development. Any rights required outside of the existing right-of-way for roadway slopes or ditching must be acquired by the developer for the Agency of Transportation sufficient to allow our crews to maintain the slopes and ditches. Detailed engineering plans showing the intersection with pavement markings and cross-sesctions should be submitted to the Agency for review and approval sufficiently in advance of construction for us to receive a copy of the City and Act 250 approvals, and then for us to issue your access permit. Sincerely, Wayne G. Martin Utilities Engineer WGM:RW:dd CC: Katherine Vose, Coordinator City Planner, Jane LaFleur John Wood, DTA #5 Utility File 1 Nil tR71"o .a State of Vermont Department of Fish and Game Department of Forests, Parks, and Recreation Department of Water Resources & Environmental Engineering Natural Resources Conservation Council Vermont Structural Steel Corp. 207 Flynn Avenue Burlington, VT 05401 AGENCY OF ENVIRONMENTAL CONSERVATION December 5, 1986 Department of Water Resources and Environmental Engineering Essex Junction Regional Office III West Street Essex Junction, Vermont 05452 RE: Application #EC-4-1060 (Act 250 Case #4C0694); Proposed 115 Lot Subdivision, Hinesburg Road, South Burlington, Vermont. Gentlemen: The Protection Division has reviewed the plans and specifications prepared by FitzPatrick-Llewellyn, Inc., for the sewer line extension and pump station to serve the above referenced project. Before our approval can be granted, we need the following: (1) Approval letters from the Department of Health, City of South Burlington, and Champlain Water District, for the proposed water line extension and water availability. (2) Approval letter from the City of South Burlington for the disposal of wastewater generated by the 115 lots (51,750 gallons per day) to be treated by the Airport Parkway Treatment Plant. (3) Approval letter from the City of South Burlington accepting the sewage from the 115 lots to the Mitel Pumping Station. Should you have any questions, please contact this office. Sincerely, Ernest P. Christianson Regional Engineer CC: Katherine Vose City of South Burlington Department of Health William Szymanski LDB, Inc. FitzPatrick-Llewellyn, Inc. ^ ****************************************************************************** HCM(1985) SIGNALIZED INTERSECTION CAPACITY ANALYSIS ****************************************************************************** INTERSECTION:KENNEDY DR. & HINESBURG RD. AREA TYPE:NON-CBD INTERSECTION LOCATION:SO. BURLINGTON DATE AND TIME PERIOD ANALYZED:1992 PM DHV ADDITIONAL INFORMATION: REV. TIMING + 1 SEC. GREEN & ADDED LT LANE (NB) & RT LANES (EB/WB) ANALYST:RJD TODAY'S DATE:10-20-86 .... .... ......... ......... ..... ......... .... ..... ___________________________________________________________________ THE INTERSECTION AVERAGE STOPPED DELAY IS: 11.5 THE INTERSECTION LEVEL OF SERVICE IS: B ______________________________________________________________________________ STOPPED DELAY (SEC/VEH) ADJUSTED LANE GROUP APPROACH APPROACH LANE GROUP VOLUME V/C DELAY LOS DELAY LOS 1 151.61 0.50 13.28 B NORTHBOUND 2 192.47 0.30 11.28 B 11.83 B 3 107.53 0.20 10.78 B ______________________________________________________________________________ 1 327.96 0.52 12.93 B SOUTHBOUND 2 229.03 0.43 12.16 B 12.61 B 3 0.00 0.00 0.00 ______________________________________________________________________________ 1 281.05 0.68 13.75 B EASTBOUND 2 504.21 0.64 11.48 B 11.49 B 3 284.21 0.43 9.29 B ______________________________________________________________________________ 1 140.00 0.49 10.43 B WESTBOUND 2 467.37 0.59 10.82 B 10.44 B 3 62.11 0.09 7.60 B ****************************************************************************** FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services The Kiln • 15 Brickyard Road • Essex Junction • Vermont • 05452 • (802) 878-3000 15 December 1986 Ms. Katherine Vose District #4 Environmental Commission 111 West Street Essex Junction, Vermont 05452 RE: LDB Development Application ;E4C0694 FILE: 36030 Dear Ms. Vose: 44,55o 9e& wI r L+, The Act 250 Application for the above referenced project consists of 115 single family lots, associated utility systems and open space. The number of lots and their locations were determined by the interactions of City and State Agencies, and carries the approval of the City of South Burlington Planning Commission and City Council. Our application (to the City) proposed 115 lots with 16 of these 0100-115) sited on a portion of the 25 acres set aside in compliance with the provisions of criterion 9(B)-Primary Agricultural Soils. At some future date, we would have applied to develop lots #100-115 on 7.5+/- acres as shown in your plan sets. In the City planning process, we were instructed however that zoning restrictions would prevent the addition of lots 100-115 as 50 acres are required for development in this District. It therefore became necessary to seek approval for all 115 lots with the understanding that the City of South Burlington would assist us in acquiring a transfer of development rights (TDR) for these 7.5+/- acres. In the meantime we would have, and do have, City approval for the total 115 lots. It is now apparent in the Act 250 process, that requesting development of lands previously designated as a portion of the primary agricultural soils (without first effecting a TDR) is complicating our Applications. We therefore wish to withdraw lots 100-115 from this application and will, if successful with the remainder of the Project, resubmit at, a future date, a Permit Amendment for a TDR and the development of these 16 lots on 7.5+/- acres. The enclosed drawings 1, 2, 5, and 10 of 16 are consistent with our previous submittal but show, by shading, .lots 100-115 removed from the application. These are to be substituted for their respective drawings. We request that the hearing process be continued but with only 99 units of the initial 115. We reiterate that the City Approval is for 115 and we will be seeking approval, by Amendment, for the remainig 16 lots, once a TDR can be accomplished. Design 0 Inspection 0 Studies 0 Permitting Ms. Katherine Vose FILE: 86030 15 December 1986 Page Two We trust this simplifies our Application and requests for Approval. We look forward to continuance of the hearing on Monday, December 22, 1986. Sincerely, FITZPATRICK-LLEWELLYN INCORPORATED 4 V1W Lance A. Llewelly.n, P.E. cc Mery Brown Chittenden County Regional Planning Commission South Burlington City Clerk South Burlington Planning Commission LAL:AMOV FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services The Kiln • 15 Brickyard Road • Essex Junction • Vermont • 05452 • (802) 878-3000 16 December 1986 Ms. Katherine Vose District #4 Environmental Commission 111 West Street Essex Junction, Vermont 05452 RE: LDB Subdivision Primary Agricultural Soils FILE: 36030 Dear Ms. Vose: By our letter dated December 15, 1986 to you (re: reduction in units from 115 to 99 for this application) we have removed from our submission a condition requiring a transfer of development rights (TDR) for 7.5+/- acres. For reasons stated in that letter, approval of 115 units was required by the City, while only 99 are possible at this time as required by State consideration. In our application submittal we addressed criterion 9(B); Primary Agricultural Soil, by adopting an option suggested by the Department of Agriculture (letter dated January 31, 1986) to have "an"L" shaped parcel of contiguous primary agricultural soils" of 25 acres. While attempting to merely comply, we were unprepared to provide testimony on the sites' soils characteristics. The following information and attached drawings will assist in clarifying this issue. FitzPatrick-Lllewellyn drawing D-1837A, LDB Development -Soils Delineation, contains the sites soils types within the property boundaries. Drawing D-1837, Soils/Project overlay contains similar information with the proposed development outlined. Soils types were obtained from the Soil Surva of Chittenden County,`Vermont, prepared by the U.S. Department of Agriculture Soil COnservation Service, issued January 1974. The Site contains the following soils types, acreages and percentages of each soil type. Soil Tyke _ # of Acres % of Total # Acres to be Dev. % to be Dev. Cv. 41 41 27.2 52 Lh. 0.25 0.25 0 0 VeB 48.5 48.5 20.5 48 VeC 10.25 10.25 0 0 Cv=Covington Silty Clay, Lh=Livingston Clay, VeB=Vergennes Clay VeC=Vergennes Clay Design 0 Inspection 0 Studies 0 Permitting 14s. Katherine Vose FILE: 86030 16 December 1986 Page Two Referring to the Agricultural Value_ Groups for Soils - Chittenden County, Vermont, prepared by the U.S. .Department of Agriculture, dated January 1986 only the Vergennes Clay (VeB) is recognized as having (Statewide) good agricultural potential and qualifies as primary agricultural soils under Act 250. These tend to be moderately well drained with high natural fertility. Typically, these soils are used for hay abd pasture. The Covington (Cv) silty clay soils are poorly drained and normally have a high water table which keeps these soils wet. While the soil can be used for hay and pasture, extensive drainage is necessary. For that reason it does not qualify as primary agricultural soil. From the above table, 48.5% or 48.5 acres of the site is Vergennes Clay. Of that. only 20.5 acres is contained within the proposed development and constitutes only 48p of the total primary agricultural soils while we have kept the majority of the development on Covington soils. We feel the units have been consolidated and located efficiently. They abutt the existing Butlers Farm project, incorporate City setbacks (i.e. along Hinesburg Road and the drainage swale) and still leave 57.3 acres, out of 100 acres, open. We trust this information will be useful and look forward to its presentation of December 22nd. Sincerely, FITZPATRICK-LLEWELLYN INCORPORATED Lance A. Llewellyn, P.E. cc Mery Brown Amy Jestes, Department of Agriculture LAL:AMOV FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services �-l7'� �vel�xx�e-f1t M SOUTH BURLINGTON SCHOOL D1,,RICT V4 . aWud . Frederick H. Tuttle OFFICE: South Burlington High School Lawrence E. LeGours Superintendent Assistant Superintendent SOUTH BURLINGTON, VERMONT 05401 550 DORSET STREET 802/658-9050 November 13, 1986 Mr. Charles Van Winkle Fitzpatrick -Llewellyn, Inc. The Kiln 15 Brickyard Road Essex Junction, Vermont 05452 Dear Mr. Van Winkle, At their regular meeting on November 12, 1986, the South Burlington School Board voted that the proposed subdivision on Hinesburg Road, out- lined in your September 17, 1986 letter (later modified to 115 lots), would not place an unreasonable burden on this municipality to provide educational services. I am enclosing a copy of our transportation policy for your information. Students in grades kindergarten - five will attend Central School, students in grades 6 - 8 will attend the Middle School and grades 9 - 12 will attend the high school. If you have any questions regarding the above, please contact me. Sincerely yours, Frederick H. Tuttle Superintendent of Schools FHT:cl enc. cc:./Jane B. Lafleur Lawrence E. LeCours Leo P. Brown Building Principals lc� I IC I �'( �_' t�_ )( �' FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services The Kiln • 15 Brickyard Road • Essex Junction • Vermont • 05452 • (802) 878-3000 5 December 1986 Ms. Katherine Vose District #4 Environmental Commission 111 West Street Essex Junction, Vermont 05452 RE: Application #4C0694 LDB/Vermont Structural Steel South Burlington, Vermont FILE: 86030 Dear Ms. Vose: Please find enclosed additional information submitted as supporting information for the above referenced application: 1. Letter from Vermont Gas confirming service. 2. Letter from South Burlington School Board confirming capacity. 3. Wetlands permit from the Army Corps of Engineers. 4. Letter from Green Mountain Cablevision confirming service. D. Letter from Green ;Mountain Power confirming service. We trust that the enclosed information will be useful in the processing of this application. We will forward additional information as it is received. Should you have any questions please feel free to contact us. Sincerely, FIT7_PATRICK-LLEWELLYN INCORPORATED Charles Van ',tinkle CVW: A[M0V Design • Inspection • 1 Studies • Permitting t, i V1 vermom-nd Gas P.O. Box 467, Burlington, Vermont 05402 802-863-4511 November 12, 1986 Mr. Charles Van Winkle Fitzpatrick - Llewellyn Inc. 15 Brickyard Rd. Essex Junction, VT 05452 Dear Charles: In regard to the proposed L.D.B. development on Route 116 Hinesburg Road in South Burlington, please be advised that we have natural gas available near this location. Vermont Gas systems can serve these additional loads without affecting our present firm customers. If we can be of further assistance, please call. PAG/ps Very truly yours, Paul A Goddette Managaer - Residential Sales Vermont Gas Systems, Inc. ' I I SOUTH BURLINGTON SCHOOL DISTRICT Frederick H. Tuttle OFFICE: South Burlington High School Lawrence E. LeCours Superiatcndcra Assistant Superintendent SOUTH BURLINGTON, VERMONT 05401 550 DORSET STREET 802/658-9050 November 13, 1986 NOV, 14 1986 Mr. Charles Van Winkle Fitzpatrick -Llewellyn, Inc. The Kiln 15 Brickyard Road Essex Junction, Vermont 05452 Dear Mr. Van Winkle, At their regular meeting on November 12, 1986, the South Burlington School Board voted that the proposed subdivision on Hinesburg Road, out- lined in your September 17, 1986 letter (later modified to 115 lots), would not place an unreasonable burden on this municipality to provide educational services. I am enclosing a copy of our transportation policy for your information. Students in grades kindergarten - five will attend Central School, students in grades 6 - 8 will attend the Middle School and grades 9 - 12 will attend the high school. If you have any questions regarding the above, please contact me. Sincerely yours, Frederick H. Tuttle Superintendent of Schools FHT:cI enc. cc: Jane B. Lafleur Lawrence E. LeCours Leo P. Brown Building Principals wU 1 n oUKL1l1u I VII ZILMUUL U1J I K1 L I ) POLICY 8.1 SOUTH BURLINGTON SQi00L DISTRICT SOU'Vi BURLINGTON, VER.PCINT TRANSPORTATION POLICY It is the policy of the South Burlington School District to furnish transportation daily to resident pupils to and from all schools in the district in accordance with approved administrative_ guidelines. Administrative Guidelines I. Transportation will be nrovided for pupils in grades K-5 whose walking distance from the school they attend exceeds 3/4 mile. 2. Transportation will be provided for punils in grades 6-12 whose walking distance from the school -they attend exceeds one mile. 3. Bus routes and schedules, which are reviewed annually, are determined by the Business Manager with the approval of the Sunerintendent. Prior to -the opening of school, pupils who are to be transported receive an individual bus schedule indicating the bus stop location, the bus number, and the appropriate nick -up time. 4. Buses will not be routed over private roads. C 5. Parents who have questions or requests concerning transportation should contact the Superintendent of Schools. lie will forward appropriate requests to the School Directors with his recommendations. 6. The Superintendent has the discretionary nower to make exceptions to the above provisions when the health of a pupil or safety conditions warrant such action on his part. 7. In accordance with Title 23 section 1282 of the Vermont Statutes, buses are properly inspected and bus drivers "submit to an examination by a registered physician and furnish to the Board of School Directors a certificate signed by such registered physician that he is physically competent to perform such duties." Signed: ( Policy accepted: August 11, 1971 Policy revised and accepted: REAFFIRMATION: South Burlington School District South Burlington, Vermont 36. LDB Subdivision, Hinesburg Road, South Burlington, Vermont 115 lots Number of units Units X Number of Number of School Age Children Students 115 single family 115 x 1.88 216 3 BR Grade Level 1986-87 1987-88 1988-89 1989-90 Units/Pupils Units/Pupils Units/Pupils Units/Pupils 50 94 50 94 15 28 Project completed- K-5 20 20 6 ' 6 9 9 3 7-8 20 20 5 9-12 45 45 14 94 94 28 Based upon the above, it is my opinion and recommendation that this project, as modified from Charles Van Winkle's letter dated September 17, 1986 to 115 units, will not provide an unreasonable burden on this municipality to provide educational services. ,.� �_4-1�,x X_4��w Frederick H. Tuttle Superintendent of Schools November 12, 1986 REPLY TO ATTENTION OF Ru,?ulaLory Branch N[UOD... R-11 DEPARTMENT OFTHE ARMY NEW smuLxmoDIVISION, CORPS opENGINEERS 4z*rnxrsunROAD vvAcrnxm. mxssxcnoScrrxouzs*'y14y November 10, 1986 Mr. Skip McClellan Fitzpatrick -Llewellyn, Inc. The Kiln 15 Brickyard Road Essex Junction, Vermont 05452 Dear Mr. McClellan:: � � \| REMOVE- |^� � �||\OVE-''i INK' T IK ,1036 This is in reference to your October 29, 1986 letter to Al Laraway of our Essex Junction Project Office regarding the placement of fill in a wetland for the construction of Street "D" in your "LDD" development in South Burlington, Vermont. Thp work is shown on the attached undated, untitled 1"=40' plan and section,, ~ That work is permitted under Title 33 Code of Federal Regulations, Part 330.5(a)(14), as published in the 22 July, 1702 Federal Register and does not require submission of an application or further processing. All work is subject to the attached conditions. Any temporary fills, such as roadways or cofferdams, etc., placed in the waterway or wetlands for construction of this work and not shown on your plans may require a regular permit. You must still obtain any other necessary Federal, State at - local permits before beginning work. Should you have any questions, please contact our Essex Junction Project Office at 002 951-6755. Eroc]osuro Cmpy furnished:: Carl Pagel VT Dept. of Water Resources 105 So. Main St., Waterbury, VT 05676 Sincerely, Raymond Francisco/ Section Chief Regulatory Branch Operations Division 13 NATIONWIDE PERMIT CONDITIONS Activities permitted by the 22 July 1982 regulations, 33 CFR 330, without further processing, are subject to the following conditions before work can begin: (1) That any discharge of dredged or £ill, material will not occur in the proximity of a public water supply intake; (2) That any discharge of dredged or fill material will not occur in areas of concentrated shellfish production unless the discharge is directly related to a shellfish harvesting activity authorized by paragraph (a)(4) of this section; (3) That the activity will not endanger a threatened or endangered species as identified under the Endangered Species Act, or destroy or adversely modify the critical habitat of such species. In the case of Federal agencies, it is the agancies' responsi- bility to review its activities to determine if the action "may affect" any listed species or critical habitat. If so, the Federal agency must consult with the Fish and Wildlife Service and/or.National Marine Fisheries Service; (4) That the activity will not significantly disrupt the movement of those species of aquatic life indigenous to the waterbody (unless the primary purpose of the fill is to impound water); (5) That any discharge of dredged or fill material will consist of suitable material free from toxic pollutants (See Section 307 of the Clean Water Act) in toxic amounts; (6) That any structures or fill authorized will be properly maintained; U) That the activity will not occur in a component of the National Wild and Scenic River System; and (8) That the activity will not cause an unacceptable interference with navigation. (9) The following management practices should be followed, to the maximum extent practicable in the discharge of dredged or fill material in order to minimize the adverse effects on the aquatic environment: (a) Discharges of dredged or fill material into waters of the United States shall be avoided or minimized through the use of other practicable alternatives. (b) Discharges into spawning areas during spawning seasons shall be avoided. (c) Discharges shall not restrict or impede the movement of aquatic species indigenous to the waters or the passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill is to impound waters). (d) If the discharge creates an impoundment of water, adverse impacts on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow, shall be minimized. (e) Discharge in wetland areas shall be avoided. (f) Heavy equipment working in wetlands shall be placed on mats. (g) Discharges into breeding areas for migratory waterfowl shall be avoided. (h) All temporary fills shall be removed in their entirety. A. The following r,,74. nil --lit-inn,; Rl co anal y. 1. The activity must compiy witli the 'vermant State Water Quality Standards pursuant to Title 10 V.S.A. Chapter 47. a. Requests for state authorizations or water quality conditions must be submitted in accordance with.the regulations of the Department of Water Resources and Environmental Engineering. b. if conditions are not forthcoming within 30 days of receipt of the request work may proceed unless applicant is notified otherwise. 2. At the request of the Secretary of the Vermont Agency of Environmental Conservation the New England Division Corps of Engineers may at the discretion of the Division Engineer suspend the use of this nationwide permit and require an individual permit application on a case -by -case basis. 3. The Secretary of the Vermont Agency of Environmental Conservation reserves the right to suspend or modify water quality certification on a case -by -case basis where pro- tection of water quality is hampered by an activity eligible for this nationwide permit. ✓ B. In addition to the conditions in A. above, the following additional condition applies to the nationwide permits #6, 615, 17 and 22: Activities authorized shall be initiated only after the applicant requests and obtains from the State in writing conditions, if any, which will be necessary to meet Water Quality Standards. Any water quality conditions contained in permits.required pursuant to 29 V.S.A. Chapter 11, 10 V.S.A. Chapter 41 or 10 V.S.A. Chapter 47 will satisfy the -requirements for obtaining State water quality conditions. Nationwide permits number 14 and 15 are certified where the project occurs in a watershed of less than 10 square miles. This authorization is valid until March 1, 1987. M \ ' w � __----- 5T a 10-- 10+00 — \ e � - - •'- :� : � .y, �' •-tea-�- - �— —184 UV3ja.59 I j�"!� L L W INCORPORATED IENGINEERING AND PLANNING SERVICES #gl�o3o I ESSEX JUNCTION VERriONT 3) aJi �c 9"t Ten- Pips Ar, 4.44e5 O 9 +00 10 +00 0 311Z 38 8 5 51+ $80 3-1 L. 3-1 Z 07'paQl INCORPORATED ENGINEERING AND PLANNING SERVICES �bo'15 ESSEX JUNCTION VERMONT k Green Mountain CableVision A civ soi of Mountain Cable Company November 5, 1986 Mr. Charles Van Winkle Fitzpatrick -Llewellyn Incorporated The Kiln 15 Brickyard Road Essex Junction, VT 05452 Dear Mr. Van Winkle: cvLA) V- LA j I i6 EllOWJL.,�!. ) NK 11006, Per our phone conversation this afternoon I want to confirm that Green Mountain CableVision has the capability of serving the development proposed by Mery Brown on Rt. 116 in So. Burlington. I would appreciate copies of power routing plans as soon as they become available. Green Mountain CableVision appreciates the advance notice and I wish you good luck with your project. Sincerely, 66��Wa ne se D Y rier Plant Manager WD/mb 18 Avenue B 0 Williston, Vermont 9 05495-9740 0 (802) 658-3050 • (800) 462-5002 FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services The Kiln • 15 Brickyard Road • Essex Junction • Vermont • 05452 • (802) 878-3000 14 October 1986 Mr. Mervin Brown Stonehedge Drive South Burlington, Vermont 05401 RE: Traffic Impact Evaluation - LDB Subdivision Vermont Route 116 - South Burlington FILE: 86030 Dear Mr. Brown: At your request we have analyzed the potential traffic impacts of the above -referenced 115 lot residential subdivision, as shown on a plan entitled "Overall Site Plan - LDB Development" by FitzPatrick-Llewellyn Incorporated, Inc., dated July 1986. Three major areas of concern to local and state officials are addressed herein: Traffic Congestion, Traffic Safety and Geometric Improvements. The objective of this evaluation is to identify and assess potential traffic impacts created by this Project in each of the above areas of concern, for both existing and future traffic conditions. TRAFFIC CONGESTION Information regarding traffic volumes on Vermont Route 116 in the immediate vicinity of this Project was obtained from the following sources: 1. Automatic Traffic Recorder Count, Vermont Route 116 south of Kennedy Drive. Vermont Agency of Transportation, May 15-22, 1984. 2. Turning Movement Count, Vermont Route 116 and Old Farm Road, Vermont Agency of Transportation, March 31, 1983. 3. Turning Movement Count, Vermont Route 116 and Kennedy Drive, Vermont Agency of Transportation, June 8-9, 1983• The results of the above -referenced traffic counts were used to develop 1987 average daily traffic volumes (DHV) on Vermont Route 116. Growth factors and DHV/ADT ratios, used to adjust the data to 1987 conditions, were obtained from Vermont Agency of Transportation (VAOT) data. The DHV is defined as the 30th highest hourly volume occurring on an annual basis, and is used as a design parameter in the design of highways, intersections and traffic control systems. The DIN typically occurs on a weekday during the PM peak hour from 4:00 to 5:00 p.m. Design • Inspection • Studies • Permitting Mr. Mervin Brown FILE: 86030 14 October 1986 Page Two Because projects, such as this, are seldom fully developed and occupied within a one year period, traffic volumes are typically projected to a future design year and conditions also analyzed for that design year. For this Project, a five year projection, to 1992, was developed from VAOT data. Their information indicates that traffic on secondary highways, such as Vermont Route 116, will increase by 6% during this 5-year period. Because this immediate area on Vermont Route 116 has seen recent significant development which is not reflected in the VAOT data, we included additional traffic from the following residential developments in the estimates of 1987 and 1992 volumes; 1987 - 60 units of the Ledgeknoll project, and 1992 - 210 units of the Ledgeknoll and Butler Farm projects. Once existing and future background traffic volumes were determined, it was necessary to estimate the volumes and directional patterns of the additional vehicular traffic which this Project will generate. The major determinants of the volume of traffic which will be generated by this Project are the type and size of the proposed land uses. An estimate of the traffic generation was developed through the use of vehicular trip generation rates from the "ITE Informational Report, Trip Generation, 3rd Edition. This report outlines the results of trip generation studies for average weekdays and periods of peak traffic volumes which will result upon completion of this Project. The category used was "Single Family Detached Housing". Table 1, below, outlines the projected trip volumes. TABLE 1 PROJECTED VEHICULAR TRIP VOLUMES Average Weekday 1150 vte/day Vehicle Trip Generation A.M Peak Hour Trip Generation Enter 24 vte/hour Exit 63 " It TOTAL 87 vte/hour P.M Peak Hour Trip Generation Enter 72 vte/hour Exit 43 n rf TOTAL 115 vte/hour The directional distribution of Project -generated traffic was estimated using existing traffic patterns and potential origins/destinations of newly generated traffic. From this it was estimated that 80% of all vehicular traffic generated by this Project will access it via Vermont FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Mr. Mervin Brown FILE: 86030 14 October 1986 Page Three Route 116 to and from the north. Appendices A and B illustrate the resulting 1987 and 1992 turning movement volumes at the proposed Vermont Route 116/Project intersection. Since traffic flow on a street network is typically limited by available capacity at intersections, the potential traffic congestion impacts of this Project were determined by performing intersection capacity analyses at the proposed Vermont Route 116/Project intersection. The methodology used to determine intersection capacity was obtained from the "Highway Capacity Manual", Special Report 2090 Transportation Research Board, 1985. Traffic conditions were analyzed using 1987 and 1992 design hour volumes. Table 2, below, presents the results of the intersection capacity analyses. Detailed calculations are attached as Appendices C and D. TABLE 2 DHV LEVELS OF SERVICE LEFT TURN ENTER RIGHT TURN EXIT LEFT TURN EXIT YEAR FROM VT. RTE. 116 FROM PROJECT FROM PROJECT 1987 L.O.S. A L.O.S. A 1992 L.O.S. A L.O.S. D L.O.S. A L.O.S. D Highways and intersections are generally designed to maintain Level of Service (LOS) C or better during DHV conditions. The concept of levels of service have been defined to represent reasonable ranges in the degree of loading and resulting vehicular delays and average running speed. L.O.S. A represents very low loading with ample reserve capacity and no vehicular delays; L.O.S. C represents average conditions; and L.O.S. F represents a street or intersection at capacity, causing very long queues and vehicular delays. Based on the results of the intersection capacity analyses, it is evident that the additional traffic generated by this Project will not significantly impact upon existing or future traffic conditions and levels of congestion on Vermont Route 116. The only turning movement which will encounter significant delays will be the left turn exit movement. This is caused by the need to yield right-of-way to all other movements, and the volumes of traffic on Route 116. This situation, and the projected level of service, is not uncommon at numerous unsignalized intersections similar to the one proposed. FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Mr. Mervin Brown FILE: 86030 14 October 1986 Page Four TRAFFIC SAFETY The safety of vehicular traffic traveling to and from this Project is largely dependent on the geometric and phsyical conditions of the proposed intersections, projected traffic volumes, and on the presence of adequate traffic control devices. The accident history of Vermont Route 116 for a five year period, from 1980 to 1984, was obtained from the VAOT. The locations and numbers of accidents along Vermont Route 116 in the immediate vicinity of this Project are illustrated by Appendix E. The 5-year accident rate between the I-89 overpass and Cheese Factory Road was calculated to be 1.38 accidents per million vehicle miles. By way of comparison, the 1980-84 statewide average accident rate for federal 10 secondary highways (which this portion of Vermont Route 116 is classified as) equals 2.42 accidents per million vehicle miles. Available sight distances were inspected in the field from the location of the proposed intersection. The minimum recommended intersection sight distance, based on VAOT standards and a speed of 50 mph, equals 550 feet. Actual sight distances observed at the above location greatly exceeded the recommended minimum, with each direction possessing over 800 feet of sight distance. GEOMETRIC IMPROVEMENTS The creation of a new "T" intersection on Vermont Route 116 to serve this Project will require certain geometric improvements, to reduce potential traffic congestion and safety impacts. These improvements consist of turning and deceleration lanes in order to prevent disruptions in traffic flow caused by turning vehicles. Our analyses of the turning movement volumes which are projected to occur at the proposed intersection indicate that a right turn deceleration lane will be warranted upon build -out of this Project. The warrants to install a left turn lane were also checked. Projected traffic volumes at this location were found not to warrant a left turn lane. CONCLUSION This report has evaluated potential traffic impacts resulting from the 115 lot residential subdivision known as the "LDB Subdivision" and the construction of a new access road and intersection with Vermont Route 116. FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Mr. Mervin Brown FILE: 86030 14 October 1986 Page Five No undue adverse traffic impacts were found to result from this Project. Projected 1987 and 1992 design hour traffic volumes were utilized to determine intersection capacities and levels of service at the proposed Vermont Route 116/Project intersection. Overall, traffic conditions on Vermont Route 116 will remain at Level of Service A. Traffic exiting the Project, particularly northbound vehicles, will experience delays during DHV conditions due to having to yield right-of-way to other movements. Traffic safety was evaluated by examining the accident history of Vermont Route 116 and determining available intersection sight distances. No indication was found of existing safety problems which would be unreasonably aggravated by this Project. Our analyses of projected turning movement volumes indicated that a right turn deceleration lane is warranted to reduce potential traffic congestion and improve vehicular safety. We wish to thank you for this opportunity to be of service. We remain available to present the results of this evaluation to state and local officials. Should you have any questions, or if we may be of additional assistance, please feel free to contact us. Sincerely, FITZPATRICK-LLEWELLYN INCORPORATED J Ror Dickinson, P.E. RJD/amo FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services APPENDIX A 1987 DHV PROJECTED TURNING MOVEMENT VOLUMES FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services � 4 �L FITZPATRICK-LLEWELLYN INCORPORATED Engineering & Planning Services The Kiln - 15 Brickyard Road ESSEX JUNCTION, VERMONT 05452 �a J TOWN: �. �f�IQUrVaiv�J LOCATION: a NOTE: LABEL APPROPRIATE DIRECTIONS ON ARROW ABOVE. REMARKS: / Cl 8 rl od v APPENDIX B 1992 DIIV PROJECTED TURNING MOVEMENT VOLUMES FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services J W j FITZPATRICK•LLEWELLYN INCORPORATED Engineering & Planning Services The Kiln - 15 Brickyard Road ESSEX JUNCTION, VERMONT 05452 TOWN: 13U)QLIN� 0UN LOCATION: A NOTE: LABEL APPROPRIATE DIRECTIONS ON ARROW ABOVE. REMARKS: / / q if 1)) , / If; . V0L4-)z_-_ r I,/, APPENDIX C 1987 DHV INTERSECTION CAPACITY ANALYSIS FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services 1985 HCM — CHAPTER 10 : UNSIGNALIZED — 3 APPROACHES (PAGE 1 of 2) DATE:01-01-1980 TIME:00:17:24 VT. ROUTE 116 & LDB — 1987 DHV LAST DATASETS LOADED OR SAVED VOLUME= GEOMETRICS= KEY: A— —B C GENERAL CHARACTERISTICS POPULATION GREATER THAN 250,000: NO CONTROLS: FROM C: STOP PREVAILING SPEED: 50 MPH MAIN STREET # OF LANES: 2 LANES MAIN STREET APPROACH A — EXCLUSIVE RIGHT TURN LANE: Y MINOR STREET LANES APPROACH: C: LDB ACCESS SHARED LEFT AND RIGHT TURN LANE: YES LARGE RIGHT TURN RADIUS OR SHALLOW RIGHT TURN ANGLE: NO RIGHT TURN ACCELERATION LANE ON MAJOR: NO SIGHT DISTANCE RESTRICTIONS (in seconds) APPROACH A: NORTH B: SOUTH LEFTS 0.00 0.00 THRUS 0.00 0.00 RIGHTS 0.00 0.00 APPROACH VOLUME PHF ADJ VOLUME PERCENT GRADE PERCENT CYCLES PASSENGER CARS PERCENT LT TRU PERCENT HV TRU PASS CAR/HR A: NORTH LT TH 0 556 0.90 0 618 —1.00 0.00 95.00 2.00 3.00 0 STEP 1 RIGHT TURNS FROM CONFLICTING FLOWS CRITICAL GAPS CAPACITY ACTUAL CAPACITY STEP 2 LEFT TURNS FROM CONFLICTING FLOWS CRITICAL GAPS CAPACITY CAPACITY USED IMPEDANCE FACTOR ACTUAL CAPACITY RT 62 B: SOUTH LT TH 15 182 0.90 17 202 1.00 0.00 95.00 2.00 3.00 20 C:LDB ACCESS 618 6.3 428 428 B: SOUTH C: LDB ACCESS 0.00 0.00 0.00 C: LDB ACCESS RT LT TH RT 0 30 0 8 0.90 0 33 0 9 0.00 0.00 %100.00 0.00 0.00 33 0 9 618 5.4 562 3% e 0.98 562 It 1985 HCM - CHAPTER 10 : UNSIGNALIZED - 3 APPROACHES (PAGE 2 of 2) DATE:01-01-1980 TIME:00:17:24 VT. ROUTE 116 & LDB - 1987 DHV STEP 3 LEFT TURNS FROM C:LDB ACCESS CONFLICTING FLOWS 871 CRITICAL GAPS 7.7 CAPACITY 193 ACTUAL CAPACITY 190 SUMMARY OF LEVEL OF SERVICE BY MOVEMENT MOVEMENT DEMAND CAPACITY RESERVE LOS AVG DEL(SEC) AVG QUEI LT FROM B: 20 562 542 A 6.64 0.04 ALL MOVES FROM C: 42 215 173 D 20.80 0.24 APPENDIX D 1992 DHV INTERSECTION CAPACITY ANALYSIS FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services 1985 HCM — CHAPTER 10 : UNSIGNALIZED — 3 APPROACHES (PAGE 1 of 2) DATE:01-01-1980 TIME:00:19:17 VT -ROUTE 116 & LDB — 1992 DHV LAST DATASETS LOADED OR SAVED VOLUME= GEOMETRICS= KEY: A— —B C GENERAL CHARACTERISTICS POPULATION GREATER THAN 250,000: NO CONTROLS: FROM C: STOP PREVAILING SPEED: 50 MPH MAIN STREET # OF LANES: 2 LANES MAIN STREET APPROACH A — EXCLUSIVE RIGHT TURN LANE: Y MINOR STREET LANES APPROACH: C: LDB ACCESS SHARED LEFT AND RIGHT TURN LANE: YES RIGHT TURN RADIUS OP RIGHT TURN AN' --,LE: NO _LARG_E LSHALLOW SIGHT DISTANCE RESTRICTIONS (in seconds) APPROACH A: NORTH B: SOUTH C: LDB ACCESS LEFTS 0.00 0.00 0.00 THRUS 0.00 0.00 0.00 RIGHTS 0.00 0.00 0.00 APPROACH A: NORTH B: SOUTH C: LDB ACCESS LT TH RT LT TH RT LT TH RT VOLUME 0 675 62 15 232 0 30 0 8 PHF 0.90 0.90 0.90 ADJ VOLUME 0 750 69 17 258 0 33 0 9 PERCENT GRADE —1.00 1.00 0.00 PERCENT CYCLES 0.00 0.00 0.00 PASSENGER CARS 95.00 95.00 %100.00 PERCENT LT TRU 2.00 2.00 0.00 PERCENT HV TRU 3.00 3.00 0.00 PASS CAR/HR 0 20 33 0 9 STEP 1 RIGHT TURNS FROM CONFLICTING FLOWS CRITICAL GAPS CAPACITY ACTUAL CAPACITY STEP 2 LEFT TURNS FROM CONFLICTING FLOWS CRITICAL GAPS CAPACITY ,-CAPACITY USED I'tIPEDANCE FACTOR ACTUAL CAPACITY C:LDB ACCESS 750 6.3 359 359 B: SOUTH 750 5.4 483 4% . 0.98 483 0 1985 HCM — CHAPTER 10 : UNSIGNALIZED — 3 APPROACHES (PAGE 2 of 2) DATE:01-01-1980 TIME:00:19:17 VT -ROUTE 116 & LDB — 1992 DHV STEP 3 LEFT TURNS FROM C:LDB ACCESS CONFLICTING FLOWS 1059 CRITICAL GAPS 7.7 CAPACITY 143 ACTUAL CAPACITY 140 SUMMARY OF LEVEL OF SERVICE BY MOVEMENT MOVEMENT DEMAND CAPACITY RESERVE LOS AVG DEL(SEC) AVG QU LT FROM B: 20 483 464 A 7.77 0.0 ALL MOVES FROM C: 42 160 118 D 30.51 0.3, APPENDIX E SUMMARY 5-YEAR ACCIDENT HISTORY FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services wE sr. ekes L" REST DR. e5 %ND Ft. e5 DF DR. Ci ST. D7 CT. eS V DR. D7 Burlin{ton International Airport ao J 4 1) 2 Ln 1 v xd 9i»aHreartflsr� Jla PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 August 20, 1987 Mr. Mery Brown Valiant Construction Twin Oak Terrace Suite One South Burlington, Vermont 05403 Re: /-LDB Oak Creek Village, Hinesburg Road Dear Mr. Brown: ZONING ADMINISTRATOR 658-7958 Enclosed are the minutes of the July 28, 1987 Planning Commission meeting. Please be sure to record the final plat within 90 days or this approval is null and void. It must first be submitted to this office for review and for the Chairman's signature. Please call me if you have any questions. Sincerely, Jane B. Lafleur, City Planner JBL/mcp 1 Encl cc: Lance Llewellyn City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 PLANNER 658-7955 July 24, 1987 Mery Brown Valiant Construction 200 Twin Oak Terrace Suite One South Burlington, Vermont 05403 ZONING ADMINISTRATOR 658-7958 Re: LDB Development (Oak Creek Village) Revised Final Plat Dear Mr. Brown: Enclosed are the agenda and my comments to the Planning Commission regarding your plan. Please be sure someone is present on Tuesday, July 28, 1987 to represent your application. Sincerely, Kathryn Perkins, Acting City Planner KLP/mcp cc: Lance Llewellyn Enc1.s City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 PLANNER 658-7955 Mery Brown Valiant Construction Stonehedge Drive South Burlington, Vermont 05403 Re: LDB Development, Hinesburg Road Dear Mr. Brown: ZONING ADMINISTRATOR 658-7958 November 26, 1986 Enclosed are the minutes of the October 28, 1986 Planning Commission meeting. You must record ,your final plat with the City Clerk within 90 days of the approval date or this approval is null and void. Sincerely, Jane B. Lafleur, City Planner JBL/mcp 1 Encl r cc: Lance Llewellyn r T � City of South Burlington 575 DORSET STREET _ SOUTH BURLINGTON, VERMONT 05401 ^ _e PLANNER 658-7955 Mr. Ernie Christianson District #4 Environmental 111 West Street Essex Junction, Vermont Re: LDB Development File: 4CO694 Dear Mr. Christianson: November 26, 1986 Commission 05452 ZONING ADMINISTRATOR 658-7958 The City of South Burlington City Council and Planning Commission have given approval to the above referenced development to be constructed along Hinesburg Road in South Burlington. The project will consist of 115 single-family lots (homes) to be constructed over three years. Phasing has been proposed at 50, 50 and 15 respectively. This development has received a sewer allocation of 51,750 gallons per day (total build out) and is placed on our waiting list for capacity allowance. As capacity is available this project or portions thereon will be allowed to hook-up. We recognize that this may present an obstacle in your issuance of a Certificate of Compliance which must be obtained by the applicant to receive an Act 250 Permit. For this reason, we offer the following information in lieu of an allocation date so that a Certificate of Compliance may be obtained. a) City approval (City Council and Planning Commission) has been obtained. b) Wastewater capacity allocations will be made as soon as available (either through the moving average method of wastewater flow computation or treatment plant upgrade). c) The South Burlington Airport Parkway Wastewater Treatment Facility expansion program is financed and presently under construction. Mr. Ernie Christianson November 26, 1986 Page 2 d) The scheduled completion date for the Wastewater Facility expansion is the Fall of 1987. The LDB Development will not be ready for occupancy much before that time. Once completed the Wastewater Facility can adequately treat all wastewaters generated by this development. e) Using the moving average for treatment plant capacities there is a possibility that some unused reserve allocation will become available. This would necessitate receipt of the Act 250 Permit prior to the completion of the facility upgrade. The LDB Development would be among the first to receive available capacities. Any project wishing to receive sewer allocation from the moving average must have their permits in hand and be ready to commence construction. We believe a Certificate of Compliance could be issued due to the certainty of the available wastewater treatment plant capacity. We remain available should specific questions arise. Sincerely, Jane B. Lafleur, City Planner JBL/mcp cc: Lance Llewellyn l � r City of South Burlington RECEIVED��- WATER DEPARTMENT 400 DORSET STREET RY 2 71986 SOUTH BURLINGTON, VERMONT 05401 TEL. 864-4361 MANAGER'S OFFICE CITY SO, BURLINGTON October 24, 1986 Mr. Charles Van Winkle Fitzpatrick -Llewellyn, Inc. 15 Brickyard Road Essex Junction, Vermont 05452 RE: Proposed LDB Development Plans Dated September 1986-File #86030 Dear Sir, 1 have reviewed the above referenced plans and approved them with the following conditions: 1. Branch tee for hydrant lateral shall be a mechanical joint hydrant (anchor tee) 2. Gate valves shall be equivalent to Waterous Series 500 resilient wedge, open left. 3. All service fittings shall have compression fittings. 4. After the 8" mains have been constructed and have passed the required pressure and bacteriological tests, then it shall be acceptable to the South Burlington Water Department to place them in service. One year from the date the mains passed the required tests, then they shall be eligible for acceptance by the City of South Burlington as a part of its distribution system and by such acceptance this Department shall be responsible for the maintenance of them. However, it shall be clearly understood that prior to final inspec- tion and acceptance, full responsibility for the maintenance and repair shall rest with the owner. 5. Upon completion of construction and prior to final inspec- tion and acceptance, a set of reproducible drawings must be submitted to the Water Department. 6. Before tapping the 12" main on Hinesburg Road, frontage fees in the amount of $11,236.88 will be due and payable to the South Burlington Water Department. Sincerely, SOUTH BURLINGTON WATER DEPARTMENT (IM cc� Susan A. Messina Superintendent CC: B. Szymanski M. Brown City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 PLANNER 658.7955 October 24, 1986 Mery Brown Valiant Construction Stonehedge Drive South Burlington, Vermont 05403 Re: LDB Development, 1175 Hinesburg Road Dear Merv: ZONING ADMINISTRATOR 658-7958 Enclosed are the agenda and my memo to the Planning Commission. Please be sure someone is present on Tuesday, October 28, 1986 to represent ,your application. Sincerely, Jane B. Lafleur, City Planner JBL/mcp Encls cc: Lance Llewellyn October 1, 1986 Mery Brown Stonehedge Drive South Burlington, Vermont 05403 Re: LDB, 1175 Hinesburg Road Dear Merv: Enclosed are the minutes of your Preliminary Plat approval. Please call me if you have any questions. Sincerely, Jane B . Lafleur, City Planner JBL(mcp Encl cc: Lance Llewellyn PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 September 22, 1986 Mery Brown Stonehedge Drive South Burlington, Vermont 05401 Re: LDB Inc., 1175 Shelburne'Road Dear Merv: ZONING ADMINISTRATOR 658-7958 Enclosed are the minutes of the September 16, 1986 Planning Commission meeting. Please call me if you have any questions. Sincerely, QQff j6"V-a . TVJu�. Jane B. Lafleur, City Planner JBL/mcp Encl cc: Lance Llewellyn .6 -I-L� S -T' - ^ R- L o T T T. to a N tz- L t r-t 8 a 2 v. 4 j" o South Burlington City Council South Burlington Planning Commission c/o William Szymanski, City Manager and Jane Lafleur, City Planner South Burlington City Hall 573 Dorset Street South Burlington, Vermont 05401 16 September 1986 RE: Park Boundary on Vermont Structural Steel Property Dear Council and Commission Members: I do not feel I was sufficiently articulate last night about the importance of the so-called red line park boundary on the Vermont Structural Steel Parcel and would like to reiterate my position. Frederick Law Olmsted (designer of Central Park, Prospect Park, the Boston Parks, and many others) talked at length about the importance of aesthetic simplicity ("broad open meadows, set off by low hills, a lake and groups of trees") in effecting the type of tranquil, restorative character he sought in his park designs. What makes Vermont's meadows so lovely is their incredibly simple composition --broad sweeps of rolling green grasses enclosed by the simple, flowing borders of hedgerows and woodlands. One only has to drive the back roads of Chittenden County to witness the tremendous aesthetic impact that the intrusion of even a couple of houses can have on the "visual whole" of a rolling meadow. In my opinion, the projection of pieces of a housing development into the park --either in the area of the cul-de-sac (street E) or in the last few lots of the 16 additional lots proposed in the northeast corner --will seriously compromise the potential for the park character to preserve this visual unity. Rather than allowing the eye to follow a strong, simple, gently curving meadow edge, the boundary of the park will become fragmented. It will read as the leftover spaces of a housing development (the unbuildable gullies and wet areas). While I also must agree this intrusion will by no means destroy the overall value of the park to the community, I do feel the opportunity to preserve the beauty and aesthetic character of the pastoral landscape for generations to came --an opportunity that is uniquely before us in the development of this park --should not be compromised for the sake of a developer wanting to put a few lots over here rather than over there. Judging from Mr. Dooley's and Mr. Farrar's comments, it seems you have considerable opportunity to influence the number and distribution of lots. It appeared to me that all the lots that fall on the park side of the "red line" plus a few more could be relocated in the area shown for additional development in Plan B. The fact that those lots cannot be developed until the State's prime agland requirement is satisfied (via transfer of development rights or some other means), seems to be the developer's problem, not the City's. y South Burlington City Council and Planning Commission 16 September 1986 Page 2 Thank you for hearing me out. I feel it is important that the park be defended in a more caher"%t way than i was able to do last night. I urge you to use the full extent of your regulatory powers to do the same. K, City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 PLANNER 658-7955 September 19, 1986 Mery Brown Stonehedge Drive South Burlington, Vermont 05401 Re: L.DB, 1175 Hinesburg Road . Dear Merv: ZONING ADMINISTRATOR 658-7958 Enclosed are the agenda and my memo to the Commission regarding the continuation of your preliminary plat. Please be sure someone is present on Tuesday, September 23, 1986. Sincerely, Jane B. Lafleur, City Planner JBL/mcp Encls cc: Lance Llewellyn H 1\1N Wagner, Helndel, and Noyes, Inc. consulting geologists P.O. Box 1629 Burlington, Vermont 05402-1629 802-658-0820 September 16, 1986 Lance Llewellyn Fitzpatrick & Llewellyn 15 Brickyard Road Essex Jct., VT 05452 RE: Proposed drainage swale alteration LDB-Vermont Structural Steel property Route 116, South Burlington Dear Lance: This letter presents my comments on the proposed alteration of a drainage swale at the rear of the LDB property off Route 116 in South Burlington. I inspected the drainage swale on September 2, 1986 with you, and also on September 9, 1986 with Cathy Cutting, Biologist, IEA, Inc. I have also reviewed plans by your firm labelled LDB Development, dated July 1986 and September 2, 1986, sheets 1, 4, and 5. The drainage swale passing through the rear of the parcel is in the upper reaches of the watershed of Potash Brook. South of the LDB property this drainage swale flows through land that was once farmland, and is now part of the Butler Farm development. For approximately the first (southernmost) 1500 to 1600 feet of travel northward through the LDB property, the drainage swale has a very low gradient, on the order of 0.3%, which causes the soils near the watercourse to be wet, and causes the stream channel to be ill-defined and very meandering. Vegetation is typical of a marsh setting. In the final 500 to 800 feet of the stream channel, in the northern section of the LDB property, the gradient steepens to 1% to 3% or more. Here, the stream channel is very well-defined, being 1 to 2 feet in depth and 1 to 3 feet in width. Little or no marsh vegetation is seen in this area; the appearance is one of a stream flowing through an old pasture. Although I have not observed this drainage swale during low flow conditions, it appears likely that the stream is ephemeral, probably drying up for a month or two in the late summer and Lance Llewellyn 2 September 16, 1986 early fall in most years. Due to the low -permeability soils in the watershed, however, the stream channel probably carries significant amounts of water in wet times of the year and during snow -melt. At these times of year, the width of the stream channel, especially in the very low -gradient sections in the center of the site, probably increases dramatically. It is my understanding that the proposed changes to the drainage swale have two purposes: 1. To allow the proper draining of street catch -basins and grassy drainage swales. You have explained to me that the streets are placed at as high an elevation as possible, and the catch -basins within the streets have been placed as high as is practical. When the street catch -basin discharge culverts are led toward this drainage swale at an appropriate slope, it becomes apparent that the drainage Swale must be cut 2 to 5 feet in depth to allow the street storm drainage system to drain properly. 2. To remove the large ponded, low -gradient area in the center of the site, so that the drainage channel flows more uniformly, and so that stormwater will not cause a significant rise in water level in this channel. To achieve these two purposes, you have proposed to cut from 2 to 5 feet into the bottom of this channel for a distance of approximately 1300 feet, and to create new side slopes at approximately 2:1 for a distance of about 25 feet on either side of the center of the channel. This alteration of the drainage swale will make the gradient more uniform and lower the elevation of the stream channel, to a point where the culverts from the street catch basins will drain properly. The proposed drainage swale will have a gradient of 0.4% to 1% throughout its length, and will not have the severe meanders that some stretches of the present channel now exhibit. The new channel also will not have a ponded, low -gradient area, as now exists in the center of the site. I have not prepared a detailed analysis of stormwater velocities, erosive capabilities, or peak discharges for the "before" or "after" conditions on this stream channel. It is probable that, due to the increased gradient in the flat area of the channel, and to the slightly reduced channel length, that stormwater velocities may increase slightly, and that times of concentration may decrease slightly. However, since gradients will be increased in the flat area only up to 0.5% to 1%, and gradients in the steeper area will be decreased to about 0.4%, it is also my guess that the proposed alteration will not bring velocities in this channel up into the erosive ranges. Lance Llewellyn 3 September 16, 1986 Cathy Cutting, an aquatic biologist from IEA, Inc., has also inspected this drainage swale (see enclosed letter, dated September 16, 1986). Based on my discussions with her in the field, and on her letter, it appears likely that some changes in the aquatic ecological setting in this drainage swale area will be experienced by the proposed alterations. For example, the marsh species of vegetation that now occupy the flat area in the center of the site are not likely to re -vegetate nearly as vigorously, if at all, once the stream gradient has been made more uniform. However, as she indicates, it is possible to re -vegetate the swale after it is graded so that a different but equally vigorous aquatic community occupies the area, with minimal impact to the water quality of the drainage basin. For example, the standard conservation seed mix that is often used to re -vegetate drainage swales could be augmented with wildflower seed, in an attempt to create a more visually pleasing area. It will be important to utilize extensive erosion control measures, and maintain these vigilantly, during the channel excavation process, so that no sediment is allowed to escape downstream. These measures could include working from upstream to downstream, placing several dams of hay bales with silt fences across the stream channel below the disturbed area, scheduling the excavation so it occurs in the expected low -flow season (usually late August to mid -September), and insuring that final graded banks are seeded and heavily mulched within 24 hours of completion of final grading. A second area of major importance is the long-term stormwater management for the project, which now is proposed to be handled by allowing the stormwater to pass through grassy swales before reaching this channel (which also will be a grassy swale, providing substantial stormwater renovation), and by specifying sumped catch basins in the street drainage system. Our firm has not performed a detailed stormwater management analysis of this property or of the proposed stormwater system; however, it is clear that the proposed grassy swales and sumped catch basins will perform significantly better than catch basins without sumps and/or paved drainage swales and culverts led directly to the stream channel. In summary, it appears that the proposed alterations to the drainage swale passing through the west portion of the LDB property are necessary to allow the street drainage system and diversion swale system to drain properly. It is also apparent that the aquatic ecological community now in existence in the central portion of the property, which consists of vegetative species typical of low -gradient diffuse surface water channels and wet soils, will be replaced by an aquatic community more typical of better -drained soils. This drainage channel alteration can be done with minimal short-term impacts on the Lance Llewellyn 4 September 16, 1986 water quality of the drainage basin, if stringent erosion control measures are taken during the excavation period. Our firm has not performed a detailed analysis of the long term impacts of the changes in the drainage pattern of this watershed, so we are not prepared to make a definitive statement on any long-term changes to erosion or sedimentation in the stream channel, once the development is fully completed. It does appear, however, that some renovation of stormwater will be provided by the sumped catch basins and the grassy swales used to carry stormwater away from the site. Sincerely, U I Craig D. Heindel, Principal Wagner, Heindel, and Noyes, Inc. CDH:tac cc: Jane Lafleur, Town Planner South Burlington Planning Commission South Burlington City Council Bill Szymanski, Town Engineer Cathy Cutting, IEA EXI 5N P2ox1� S��ON ky�E/L G06✓62 d v' Disr, `IR/+A, kGGE,2 W'Pf� koww kAlFit a caT Lvsl 9kf1�, Naps C/) 383-o 391,9 1,7—' 98o� 0,25% 383,0� 0 378.0' 3.8 67,0 /,q� *&D A04% 364' u> a(sw �affn,rp• 1090 Cr) Z. Me, o /, 8 l0 4 0 0, 28 % 579,0 3.8, 375-, 3 4,7 ?; 7 5o 3. Cl, CD 3do,0 374,,0 4,0 -:505 /,3/°/, 375,3 47 3-74y h3 /,l 3.3 Zl0 A4z% (3) ntc.w,d�,s nun Td 74t ; 303.0 37 6.0 ?. 0 / 425 0, 4 Q`/o 383.0 _ 3-74, 2 _ 8, 8 — 128 0 a, �° R � Industrial & Environmental Analysts, Inc. P.O. Box 626 * Essex Junction, Vermont 05452 • 802-878-5138 September 16, 1986 Mr. Lance Llewellyn Fitzpatrick -Llewellyn, Inc. 15 Brickyard Rd. Essex Junction, VT 05452 Dear Lance: On 9 September 1986 Craig Heindel and I walked the LDB-Vermont Structural Steel Property in South Burlington off Route 116 in the vicinity of the proposed drainage excavation. The proposed drainage excavation would cut 2 to 5 feet below the existing channel of the unnamed tributary. The area surrounding the unnamed tributary is wet and supports a number of marsh species. The tributary is slow moving and meandering. The proposed excavation would change the character of the community. How- ever, if proper precautions were used the area would support a different community and there would be minimal impact to the water quality of the drainage basin. Please contact us if we could be of further assistance. Sincerely, INDUSTRIAL & ENVIRONMENTAL ANALYSTS, INC. rC4athe7�i CW. Cutting Staff Scientist CWC/sb cc: Craig Heindel Offices and laboratories located in: Essex Junction, Vermont Research Triangle Pork, North Carolina Density Calculations Vermont Structural Steel,__ 1175 Hinesburg Road (Mery Brown) Maximum Density: 71.8 acres x 2 units per acre = 144 units Range: 115 to 144 units 71.8 acres minus CO zone (100 feet by 1680 = 3.86 acres) _ 67.94 minus 15% for streets (10.2) = 57.74 x 2 units per acre = 115 units A & G Investments, 900 Dorset Street Maximum Density: 110.77 acres x 2 units per acre = 222 units Range: 166 to 222 units 110.77 minus CO Zone (2450.67 x 150 = 8.44 acres ) and wetlands (3.38 acres) and beaver pond 1.42 = 97.53 minus 15% for streets (14.63) = 82.9 x 2 units per acre = 166 units. 1 September 12, 1986 Mery Brown Stonehedge Drive South Burlington, Vermont 05401 Re: Vermont Structural Steel Dear Merv: Enclosed are the agenda and my memo to the Commission and the City Council regarding your plan. Craig Heindel and Peter Owens are also to be available for this discussion. If you receive approval at this joint meeting, you may proceed directly to Final Plat. Sincerely, Jane B. Lafleur, City Planner JBL/mcp Encls CC: Lance Llewellyn August 14, 1936 Mery Brown Valiant Construction Stonehedge Drive South Burlington, Vermont 05401 Re: Vermont Structural Steel Property, Hinesburg Road Dear Merv: Enclosed are the August 12, 1986 Planning Commission minutes. The Council will be discussing the park issue with the Planning Commission on Monday, August 18, 1986. 1 have arranged for the Planning Commission to continue review of your plan on Tuesday, September 16, 1986. Please call me if you have any questions. Sincerely, Jane B. Lafleur, City Planner JBL/mcp Encl cc: Lance Llewellyn August 8, 1966 Mery Brown Valiant Construction Stonehedge Drive South Burlington, Vermont 05401 f Re: LDB Development, Structu 1 Steel Property, Hinesburg Road Dear Merv: Enclosed are the agenda and my memo to the Planning Commission. Please be sure 9Dmeone is present on Tuesday, August 12, 1986 to represent: this application. We have arranged for the Commission to meet at the property on Hinesburg Road at 6:00 P.M. Monday night. In case of rain, it will be held Tuesday night at 6:00 P.M. Sincerely, Jane B. Lafleur, City Planner JBL/mcp Encls cc: Lance Llewellyn FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services The Kiln • 15 Brickyard Road • Essex Junction • Vermont • 05452 • (802) 878-3000 22 July 1986 Ms. Jane LaFleur City Planner City of South Burlington 575 Dorset Street South Burlington, Vermont 05401 RE: LDB Development Hinesburg Road FILE: 86030 Dear Ms. LaFleur: Enclosed please find four (4) sets of drawings, application and application fee for the above -referenced Project. This is the first Preliminary Plat Submittal and as such each drawing is labelled PRELIMINARY PLAT SUBMITTAL -A. Future submittals or drawing updates will be appropriately labelled to avoid the use of outdated drawings. Thank you for your time in this Project. Sincerely, FIT7.PATRICK-LLEWELLYN INCORPORATED aJ e A. L. wellyn, P.E. LAL:tao cc Mery Brown Robert Decklebaum Design • Inspection • Studies • Permitting r STAB E OF VERMONT ,'�' i• DEPARTMENT OF AGRICULTURE 0 rL � • . OFFICE OF THE COMMISSIONER DIVISION OF AGRICULTURAL DEVELOPMENT DIV15ION OF ANIMAL & DAIRY INDUSTRIES DIVISION OF PLANT INDUSTRY. LABORATORIES & STANDARDS January 31, 1986 David Spitz North Country Planning P.O. Box 333 Winooski, VT 05404 RE: Vermont Structural Steel Dear David: I would like to summarize the design options we have discussed for the Structural Steel property, and suggest what consider to be an acceptable site design for this project. Initially, we discussed the possibility of designating the 30 acres zoned industrial as the dedicated primary agricultural soils. This design was an attractive option, because it would restrict development of slightly more than half of the tract' s 50 acres of primary agricultural soils, and it was a contiguous block of farmland with add -on potential from adjacent agricutural lands. However, only 15 acres of this area is tillable without significant site improvements, and therefore qualifies as primary agricultural soils. In my opinion, such a design would not meet the intent of Criterion 9 (B) . We also discussed designating 25 contiguous acres of primary agricultural soils in the residential zone as the agricultural area. These soils are the better primary agricultural soils. Your client is not willing to consider limiting development in this area. The third option which I think we can support is to designate 15 acres abutting the Rye property in the industrial area and 10 acres in the residential zone also abutting the Rye property as the designated agricultural area. This is an "L" shaped parcel of contiguous primary agricultural soils. We did discuss designating 10 acres along Hinesburg Road in addition to 15 acres in the industrial zone as the agricultural areas. At project completion, these two areas would be isolated from each other and result in areas with reduced agricultural potential. Therefore, this design is unacceptable. I think it makes sense to focus on land adjacent to the Rye property because of the potential to use that land to build up a large block of land. SEAL OF QUALITY DEFT. OF AGRICULTURE® 1 6 STATE STREET/STATE OFFICE BUILDING, MONTPELIER, VERMONT 05602 (802) 828-2500 IN VERMONT 1-800-622-4247 Davis Spitz ) _2_ January 31, 1986 Satisfactory mitigation under 9 (B) is contingent on full potential agricultural use of the dedicated primary agricultural soils. To ensure this, there would also have to be conditions in either the Act 250 permit or deed restrictions regarding protection of the designated agricultural land. We would also like to see some language in the covenants which would potentially allow a farmer to use accepted agricultural. practices on this land, because if a farmer cannot lime, fertilize, etc., a field, then its agricultural productivity and potential is reduced or removed. I am available to discuss these suggestions at your conveni ence. AJ:ss M Sincerely, Amy JJestes Resources Planner PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 April 4, 1986 Mery Brown Stonehedge Drive South Burlington, Vermont 05401 Re: Vermont Structural Steel Sketch Plan Dear Merv: ZONING ADMINISTRATOR 658-7958 Enclosed is the City Council agenda and a copy of my memo to the Council regarding your sketch plan application. Please be sure someone is present on Monday, April 7, 1986 to represent your proposal. Sincerely, Jane B. Lafleur, City Planner JB L/mc p Encl CC; Vermont Structural Steel Lance Llewellyn February 20, 1986 Mery Brown Stonehedge Drive South Burlington, Vermont 05401 Re: Vermont Structural Steel PUD, Hinesburg Road Dear Merv: Enclosed are the agenda and a copy of my memo to the Commission regarding your request. Please be sure someone is present to discuss your plans on Tuesday, February 25, 1986. Sincerely, Jane B. Lafleur, City Planner JBL/mcp Encls cc: Lance Llewellyn Vermont Structural Steel March 11, 1986 Mery Brown S tonehedge Drive South Burlington, Vermont 05401 Re: Vermont Structural Steel F.U.D. Dear Merv: Enclosed are the minutes regarding your Sketch Plan application. I am arranging for a City Council review of this Sketch Plan on Monday, March 17, 1986 and will send you the agenda for that meeting. Sincerely, Jane B. Lafleur, City Planner JBL/mcp 1 Enc 1 cc: Lance Llewellyn Vermont Structural Steel January 22, 1986 David Spitz P.O. Box 333 Winooski, Vermont 05404 Re: Vermont Structural Steel Dear David: Enclosed are the agenda and a copy of my memo to the Planning Commission. Please call me if you have any questions. Sincerely, Jane B. Lafleur, City Planner JBL/mcp Encls cc: Mery Brown Vermont Structural Steel January 20, 1986 David Spitz P.O. Box 333 Winooski, Vermont 05404 Re: Vermont Structural Steel Property Dear David: Enclosed are the minutes of the January 14, 1985 meeting. Please call if you have any questions. Sincerely, Jane B. Lafleur, City Planner JBL/mcp 1 Encl cc: Mery Brown Vermont Structural Steel SOUTH BURLINGTON RECREATION DEPARTMENT 575 DORSET ST. SOUTH BURLINGTON, VT 05401 TEL: (802)658-7956 BRUCE O'NEILL DIRECTOR p THOMAS HUBBARD �+,, m,,r• ASST DIRECTOR TO: Jane Lafleur, City Planner FROM: Bruce O'Neill, Recreation Director RE: cre ment DATE: January 14, 1986 I would recommend the following changes in the sketch plan for the proposed Green Acres Development on Hinesburg Road. 1. An area of land be set aside that will be large enough for a functional neighborhood park. This park when developed, will contain such areas as grass fields for Soccer, softball and other field activities. I would also recommend one basketball court and two tennis courts, a small picnic area will also be in order and if it appears that the population will include young children then an area for playground apparatus should be provided for. 2. This park area should be close to 10 acres in size with a minimum of 6 acres being provided. 3. It should be located on the north to northwestern side of the project so that it might possibly be tied into other Recreation lands that might be developed in the future as part of neighborhood project. 4. Land that the City should get should not have the proposed pond on it because of the potential liability. Any such area if included, should be fenced. January 8, 1986 David Spitz P.O. Box 333 Winooski, Vermont 05404 Re: Vermont Structural Steed, Hinesburg Road Dear David: Enclosed are the agenda and a copy of my memo to the Planning Commission. Please be sure someone is present to represent your application on Tuesday, January 14, 1986. Sincerely, Jane B. Lafleur, City Planner JBL/mcp Encls cc: Mery Brown Vermont Structural Steel Corporation September 25, 1985 Mery Brown LDB Properties, Inc. Stonehedge Drive South Burlington, Vermont 05401 Re: Vermont Structural Street Property, 1175 Hinesburg Road Dear Merv: Enclosed are the September 17, 1985 Planning Commission meeting. Please let me know if and when you want to schedule a rezoning request for the northern pottion of this land. Sincerely, Jane Bechtel Lafleur, City Planner JBL/mcp 1 Encl cc: David Spitz Vermont Structural Steel September 13, 1985 David Spitz North Country Planning P.O. Box 333 Winooski, Vermont 05404 Re: Vermont Structural Steel Dear David: Enclosed are the agenda and a copy of my memo to the Commission. Please be sure someone is present to represent your application. Sincerely, Jane Bechtel Lafleur, City Planner JBL/mcp Encls cc: LDB Properties Vermont Structural Steel d FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive • Williston • Vermont • 05495 * (802) 878-3000 Pr_' IQovember 1`0JU P1.1 Mr'. Mery Brown Valiant Construction 200 Twin Oaks Terrace Suite Five South Burlington, Vermont 05403 �lage FILE:: 871e713h Dear Mr. Brown: EC�j( NOV 2 8 1988 MANAGE:;'S OFFICE CITY OF S0. BURLINGTON We wish to inform you that on 4 November 1908 this office performed a hydrostatic leaf: test for infiltration on sanitary ;ewer- manhole #31, located 20' west of the pump station's wet well in the above referenced Project. The water test method outlined in the Vermont Environmental Protection Rules (exftltration) was employed as a testing parameter. The water leakage allowed by this test shall not exceed one gallon per vertical font of depth of manhole during a 24 ho.ur test period. The manhole which was tested is 10.P0 feet in depth and therefore has an allowable leakage of 10.20 gallons. During the test period, the leakage observed was 0.56 gallons. Therefore manhole 031 has met the minimum requirements for allowable leakage according to the Environmental Protection Rules. Should you have any questions please contact us. Sincerely, FTT;'PATRICV:-LLEWEL . I(Nif'ORPORATED Timn n cc: urbrow Bi11 Szymanskir� TBlmam Design • Inspection 9 Studies * Permitting • Surveying FITZPATRICK-LLEWELLYN INCO )RATED Engineering and Planning Services One Wentworth Drive WILLISTON, VERMONT 05495 (802) 878-3000 �w�Lr'tl DATE I I � -� , JOB NO. Xv �1(J ATTENTION QQ RE: V4/ t✓ N1/ �reelL �l � I l WE ARE SENDING YOU X Attached ❑ Under separate cover vial I the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order I (A Ye -(CI ' COPIES DATE NO. DESCRIPTION I 225 4- T�:i✓LAk c4-+ THESE ARE TRANSMITTED as checked below: x1 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 CAA-4 i�J I y2aJ-w--A VeCLn4CI . rl ��I k eg o s P3 �►o -u�— VP V l� P�.) �Z LJL.2�S rx� PFiI COPY TO SIGNED: PRODUCT 240-2 Ees Inc., Groton, M— 01471. It enclosures are not as noted, kindly noti,�y us at once. Oak Creek Investments 200 Twin Oaks Terrace Suite 5 South Burlington, Vermont 05403 June 17, 1988 City of South Burlington 575 Dorset Street South Burlington, VT 05403 Att: Richard Ward re : Oak Creek Village Dear Richard: Enclosed please find a check in the amount of $35,470.00 which represents $7,140.00 in payment for the intersection improvements, and $28,330.00 which is a payment for the sidewalk along Hinesburg Road as per our permit requirements. Very truly yours, Oak Cre k Invest.ments by: Mervin Brown MB/hn City of South Burlington 575 DORSET STREET f � SOUTH BURLINGTON, VERMONT 05Qt TEL. (802) 658-7953 OFFICE OF CITY MANAGER WILLIAM I. SZYMANSKI October 17, 1986 Mr. Lance A. Llewellyn, P.E. Fitzpatrick -Llewellyn Incorporated 15 Brickyard Road Essex Junction, Vermont 05452 RE: LDB Development Sewer System Dear Lance: I have reviewed your construction drawings for the LDB Development (Butler Farm) and concur with the design of the sewer system. This system shall service all the proposed homes in this development and also be capable of transporting the wastewater generated by the Butler Farms Project at a future date. I have also reviewed your letter report entitled "Mitel Pump Station Study", dated July 2, 1986. I concur with your assessment and agree that the LDB Development may initially discharge to the sewer system/Mitel Pump Station. This means of disposal has sufficient capacity to convey the LDB wastewaters until such time as the sewer system, serving the area between Hinesburg Road and Dorset Street is completed. Initially your design calls for a sewer system terminating at a proposed Pump Station near Lot 68. It is understood that when development plans solidify in the areas north of LDB, you will be required to extend the sewer line north to the boundary of your property. It is noted that the sewer line easement is provided on your plans. The cost of the sewer line extension shall be the responsibility of LDB Development and shall be constructed in such a manner as to connect with and serve the area north and south of your project. The proposed Pump Station shall be your responsibility to own and maintain throughout its useful life a-nd shall be removed or filled -in when it is no longer of service. Similarily, the proposed force main will be plugged at both ends when it is no longer in use. Very truly, ypurs, William J` nanski City Manager WJS/b PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 October 8, 1987 Mery Brown Valiant Construction 200 'Twin Oaks Terrace South Burlington, Vermont 05403 Re: Oak Creek Village Bond Requirements Dear Merv: ZONING ADMINISTRATOR 658-7958 The following includes the items and amounts for which ,you must post a bond, letter of credit or escrow account. Please call me or Dick Ward to discuss phasing of ,your lots and these amounts. Streets 8337.35 feet @$110/foot $917,109 Waterlines 8397.37 feet @$16./foot $134,358 Sewer 7689 feet @$22/foot $169,158 Force main and pumping station 1500 feet @$6./foot Pumping station $20 - 25,000 say $ 35,000 Alternate sewer lines to flow westerly in future 3200 feet @$22/foot $ 70,400 Landscaping bond $1901812 Sewer impact feet 112 lots @450 gpd/lot @$2.50/gallon $126,000 Intersection Improvement fee $ ,7,140 The last two items are cash contributions. We are willing to phase the sewer impact fee for 20 - 25 lots at a time. We do not want payment on a per lot bases. If ,you choose a letter of credit or escrow account, you must use our standard forms. Please call if you have any questions. Sincerely, jC--r->�c Jane B. Lafleur, City Planner JBL/mcp cc: Richard Ward of) c)q,� e\k (Mew\ft�) �v 5-vuc- . Pra PXZ4 t�c�u.1 one s � 1 I W ts Te - ` /- 41 l07 C�All-'� w r� Su/�sJ voO 00DO� L4S(De� 5 9 * ) -ale, 000' f � e I n J� -o"� lets 1 NJdr Ver I &) 4ascqv� Iqa, $ a— H W N G- 3 Wagner, Helndel, and Noyes, Inc. consulting geologists P.O. Box 1629 Burlington, Vermont 05402-1629 802-658-0820 September 16, 1986 Lance Llewellyn Fitzpatrick & Llewellyn 15 Brickyard Road Essex Jct., VT 05452 RE: Proposed drainage swale alteration LDB-Vermont Structural Steel property Route 116, South Burlington Dear Lance: This letter presents my comments on the proposed alteration of a drainage swale at the rear of the LDB property off Route 116 in South Burlington. I inspected the drainage swale on September 2, 1986 with you, and also on September 9, 1986 with Cathy Cutting, Biologist, IEA, Inc. I have also reviewed plans by your firm labelled LDB Development, dated July 1986 and September 2, 1986, sheets 1, 4, and 5. The drainage swale passing through the rear of the parcel is in the upper reaches of the watershed of Potash Brook. South of the LDB property this drainage swale flows through land that was once farmland, and is now part of the Butler Farm development. For approximately the first (southernmost) 1500 to 1600 feet of travel northward through the LDB property, the drainage swale has a very low gradient, on the order of 0.3%, which causes the soils near the watercourse to be wet, and causes the stream channel to be ill-defined and very meandering. Vegetation is typical of a marsh setting. In the final 500 to 800 feet of the stream channel, in the northern section of the LDB property, the gradient steepens to 1% to 3% or more. Here, the stream channel is very well-defined, being 1 to 2 feet in depth and 1 to 3 feet in width. Little or no marsh vegetation is seen in this area; the appearance is one of a stream flowing through an old pasture. Although I have not observed this drainage swale during low flow conditions, it appears likely that the stream is ephemeral, probably drying up for a month or two in the late summer and Lance Llewellyn 2 September 16, 1986 early fall in most years. Due to the low -permeability soils in the watershed, however, the stream channel probably carries significant amounts of water in wet times of the year and during snow -melt. At these times of year, the width of the stream channel, especially in the very low -gradient sections in the center of the site, probably increases dramatically. It is my understanding that the proposed changes to the drainage swale have two purposes: 1. To allow the proper draining of street catch -basins and grassy drainage swales. You have explained to me that the streets are placed at as high an elevation as possible, and the catch -basins within the streets have been placed as high as is practical. When the street catch -basin discharge culverts are led toward this drainage swale at an appropriate slope, it becomes apparent that the drainage swale must be cut 2 to 5 feet in depth to allow the street storm drainage system to drain properly. 2. To remove the large ponded, low -gradient area in the center of the site, so that the drainage channel flows more uniformly, and so that stormwater will not cause a significant rise in water level in this channel. To achieve these two purposes, you have proposed to cut from 2 to 5 feet into the bottom of this channel for a distance of approximately 1300 feet, and to create new side slopes at approximately 2:1 for a distance of about 25 feet on either side of the center of the channel. This alteration of the drainage swale will make the gradient more uniform and lower the elevation of the stream channel, to a point where the culverts from the street catch basins will drain properly. The proposed drainage swale will have a gradient of 0.4% to 1% throughout its length, and will not have the severe meanders that some stretches of the present channel now exhibit. The new channel also will not have a ponded, low -gradient area, as now exists in the center of the site. I have not prepared a detailed analysis of stormwater velocities, erosive capabilities, or peak discharges for the "before" or "after" conditions on this stream channel. It is probable that, due to the increased gradient in the flat area of the channel, and to the slightly reduced channel length, that stormwater velocities may increase slightly, and that times of concentration may decrease slightly. However, since gradients will be increased in the flat area only up to 0.5% to 1%, and gradients in the steeper area will be decreased to about 0.4%, it is also my guess that the proposed alteration will not bring velocities in this channel up into the erosive ranges. Lance Llewellyn 3 September 16, 1986 Cathy Cutting, an aquatic biologist from IEA, Inc., has also inspected this drainage swale (see enclosed letter, dated September 16, 1986). Based on my discussions with her in the field, and on her letter, it appears likely that some changes in the aquatic ecological setting in this drainage swale area will be experienced by the proposed alterations. For example, the marsh species of vegetation that now occupy the flat area in the center of the site are not likely to re -vegetate nearly as vigorously, if at all, once the stream gradient has been made more uniform. However, as she indicates, it is possible to re -vegetate the swale after it is graded so that a different but equally vigorous aquatic community occupies the area, with minimal impact to the water quality of the drainage basin. For example, the standard conservation seed mix that is often used to re -vegetate drainage swales could be augmented with wildflower seed, in an attempt to create a more visually pleasing area. It will be important to utilize extensive erosion control measures, and maintain these vigilantly, during the channel excavation process, so that no sediment is allowed to escape downstream. These measures could include working from upstream to downstream, placing several dams of hay bales with silt fences across the stream channel below the disturbed area, scheduling the excavation so it occurs in the expected low -flow season (usually late August to mid -September), and insuring that final graded banks are seeded and heavily mulched within 24 hours of completion of final grading. A second area of major importance is the long-term stormwater management for the project, which now is proposed to be handled by allowing the stormwater to pass through grassy swales before reaching this channel (which also will be a grassy swale, providing substantial stormwater renovation), and by specifying sumped catch basins in the street drainage system. Our firm has not performed a detailed stormwater management analysis of this property or of the proposed stormwater system; however, it is clear that the proposed grassy swales and sumped catch basins will perform significantly better than catch basins without sumps and/or paved drainage swales and culverts led directly to the stream channel. In summary, it appears that the proposed alterations to the drainage swale passing through the west portion of the LDB property are necessary to allow the street drainage system and diversion swale system to drain properly. It is also apparent that the aquatic ecological community now in existence in the central portion of the property, which consists of vegetative species typical of low -gradient diffuse surface water channels and wet soils, will be replaced by an aquatic community more typical of better -drained soils. This drainage channel alteration can be done with minimal short-term impacts on the Lance Llewellyn 4 September 16, 1986 water quality of the drainage basin, if stringent erosion control measures are taken during the excavation period. Our firm has not performed a detailed analysis of the long term impacts of the changes in the drainage pattern of this watershed, so we are not prepared to make a definitive statement on any long-term changes to erosion or sedimentation in the stream channel, once the development is fully completed. It does appear, however, that some renovation of stormwater will be provided by the sumped catch basins and the grassy swales used to carry stormwater away from the site. Sincerely, �I), d Craig D. Heindel, Principal Wagner, Heindel, and Noyes, Inc. CDH:tac cc: Jane Lafleur, Town Planner South Burlington Planning Commission South Burlington City Council Bill Szymanski, Town Engineer Cathy Cutting, IEA /�)R £cEv, Env, d ° Disr. 9RRA, u.a-, Env. utr, e `�' LvsT ,A�, �rs5 uipEJL 2owE2 MOF4 wp6t 4owgl kaf&t Car f1 ,0 Cl) �3-0 38/ , 9 1, Z� 5�0 � D, z5 % 383,o� 0 378,0, 3.8, S,O /,9., 480 /,04% effrnrp. `) Z. (.4m k 39/18 Met /Is (04o D,28% 378,0 3,8 Y75' 3 4.7 2-.7 4;3 5�p D,50% mod, All' . lsa 3. Id eD 3&10 37/0,0 40 305 /,3/°% 375,3 4-73�4Z l,8 /,/ 3.3 Z60 0,92% mac. TO TA-L ; 383.0 3-76,0 o,4To/0 383.0 — 3-74.7- 1280 °'�1° � I Industrial & Environmental Analysts, Inc. P.O. Box 626 • Essex Junction, Vermont 05452 • 802-878-5138 September 16, 1986 Mr. Lance Llewellyn Fitzpatrick -Llewellyn, Inc. 15 Brickyard Rd. Essex Junction, VT 05452 Dear Lance: On 9 September 1986 Craig Heindel and I walked the LDB-Vermont Structural Steel Property in South Burlington off Route 116 in the vicinity of the proposed drainage excavation. The proposed drainage excavation would cut 2 to 5 feet below the existing channel of the unnamed tributary. The area surrounding the unnamed tributary is wet and supports a number of marsh species. The tributary is slow moving and meandering. The proposed excavation would change the character of the community. How- ever, if proper precautions were used the area would support a different community and there would be minimal impact to the water quality of the drainage basin. Please contact us if we could be of further assistance. Sincerely, INDUSTRIAL & ENVIRONMENTAL ANALYSTS, INC. r47�iW. CatheCutting Staff Scientist CWC/sb cc: Craig Heindel Offices and laboratories located in: Essex Junction, Vermont Research Triangle Pork, North Carolina FITZPATRICK-LLEWELLYN INCOR SATED Engineering and Planning Services One Wentworth Drive WILLISTON, VERMONT 05495 (802) 878-3000 >` _ _ ire► WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via ❑ Shop drawings ❑ Copy of letter XPrints ❑ Change order Ll ❑ Plans LIE'TUR-2 0Y TUMMAUUTQ& DATE � � ' JOB NO. ATTENTION,,,,` U/A/je C00A, Gv�e1C. 1itl� the following items: Ll Samples ❑ Specifications COPIES DATE NO. DESCRIPTION �e- � <(,1. � �� 4- C)l..P,.A cvcv. Z ti $"P t $ 5 6�7 vC-va -1 Jut S- Z Jul$1 Z t 8 is %c'C�- Z Jul $'� ZiVI 4_7t t�,.._ (re-v. JUt $i Zt`6$ 47Lbc. P( Lyew 9 $77 n,--4-& !:, we-v. t THESE ARE TRANSMITTED as checked below: ❑ For approval Cl For your use �] As requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections W*j ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY PRODUCT 240 2 Inc., Groton, Mass. 01471. SIGNED: If enclosures are not as noted, kindly notify us at once. PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 December 16, 1987 Mery Brown Valiant Construction Company 200 Twin Oaks Terrace Suite #1 South Burlington, Vermont 05403 Re: Oak Creek Village, Sewer Allocation Dear Mr. Brown: ZONING ADMINISTRATOR 658.7958 The South Burlington Planning Commission granted a 50,400 gallon per day sewer allocation for 112 single-family lots at Oak Creek Village. These are to be phased with 50 lots (22,500 gallons per day) in the first ,year. The expansion of the Airport Parkway Treatment Plant is now on line and capacity is available for ,your project. Please call me if you have any questions. Sincerely, Jane B. Lafleur, City Planner JBL/mcp O a � 5 1 r, COL� CIOL" lqq ,tre - q Ir� redl 1 D CA'Oke-m 4",j VI' 3 --q Y &oolor Ylorw� a a,f� y7.�� a 1-Ito&y, RE:CLIVtU SEP 14 IA7 MANAGER'S OFFI(`r Oak Creek Investments 200 Twin Oaks Terrace Suite 5 South Burlington, VT 05403 Sept. 12, 1987 City of South Burlington, 575 Dorset St. South Burlington, VT 05403 att:_Bill_Szymanski Dear Bill, According to our permit for the Oak Creek project, the following items have to be provided for prior to our permit. Bonds for street, water and sewer shall be posted. Could you indicate what the amount these bonds shall be. I would also like to know if we can make the same arrangement that we did for Stonehedge whereby the bank will hold back the amount required until, the work is completed, or a letter of credit; is provided. The 2.50 per gallon fee for the sewer allocation shall be paid prior to permit. Does this refer to the permit for the individual houses? We would like to have it this way as we are going to pass on the sewer allocation fee to the individual lot owner . The traffic fee shall be paid prior to permit. Could you please indicate how much this will be, and the manner of payment. required. I would appreciate your prompt answer because we would like to start the site improvements as soon as possible. Very truly yours, Oak Cre k Investments by: Mervin Brown