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HomeMy WebLinkAboutBATCH - Supplemental - 0009 0040 Ally's Runscut: v #. PLANNING & ZONING July 14, 2017 Re: #SP-17-46 Dear Applicant: Enclosed, please find a copy of the Findings of Fact and Decision rendered by the Administrative Officer concerning the above referenced application. Please note the conditions of approval including that a zoning permit must be obtained within six (6) months. If you have any questions, please contact me. Sincer -ly, Raymond ). Zelair Administrative Officer Encl. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com 1 �^ P l south PLANNING & ZONING Permit Number SP- - office use o ly) APPLICATION FOR SITE PLAN RE VIE W DAdministrative ❑Development Review Board All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. 1.OWNER(S) OF RECORD (Name(s) as shown on deed, mailing address, phone and fax #): Gardner & Sons Development Corp. (c/o Bradley Gardner) P.O. Box 21 Colchester, VT 05446. email: brad@livingvermont.com; phone:373-8661 2. LOCATION OF LAST RECORDED DEED(S) (Book and page #): Book 1223, Page 22 3. APPLICANT (Name, mailing address, phone and fax #): Same as Owner 4. CONTACT PERSON (person who will receive all correspondence from Staff. Include name, address, phone & fax #): O'Leary Burke Civil Associates (David Burke), 13 Corporate Drive, Essex Jct., VT 05452. Phone (802) 878-9990 4a. CONTACT EMAIL ADDRESS:: dwburke@olearyburke.com 5. PROJECT STREET ADDRESS: 37 Birch Street, South Burlington, VT 05403 6. TAX PARCEL ID # (can be obtained at Assessor's Office): 0230-00039 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com 7. PROJECT DESCRIPTION a. General project description (explain what you want approval for): The proposal is to amend the Site Plan to depict the the as -built locations for the air conditioning units, deck and stairs, and revised entrance walks for units 3-6. b. Existing Uses on Property (including description and size of each separate use): An existing duplex unit located off of Birch Street. c. Proposed Uses on property (include description and size of each new use and existing uses to remain): 1 proposed triplex ( 28' x 48' / unit), 1 proposed single family home (25' x 35') and 1 existing duplex (28' x 48' / unit) to remain. d. Total building square footage on property (proposed buildings and existing buildings to remain): Proposed Bldg. SF = 4,775 SF, Existing Bldg. SF = 2,650 SF, Total Bldg. SF = 7,425 SF e. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine): < 28' (pitched) f. Number of residential units (if applicable, new units and existing units to remain): 4 residential units proposed, 2 existing residential units to remain, 6 total residential unit. g. Number of employees (existing and proposed, note office versus non -office employees): N/A. Residential Proiect h. Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): This is an as -built site plan amendment to a previously approved preliminary and final plat application #SD-16-15. Site Plan Application Form. Rev. 12-2011 8. LOT COVERAGE Total Parcel Size: 94,254 Sq. Ft. a. Building: Existing 3.0 % / 2,826 sq. ft. Proposed 9.1 % / 8,606 sq. ft. b. Overall impervious coverage (building, parking, outside storage, etc) Existing 6.7 % / 6,272 sq. ft. Proposed 19.9 % / 18,743 sq. ft. c. Front yard (along each street) Existing N/A % / N/A sq. ft. Proposed N/A % / N/A sq. ft. d. Total area to be disturbed during construction (sq. ft.) N/A * Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 9. COST ESTIMATES a. Building (including interior renovations) b. Landscaping: $ N/A $ N/A c. Other site improvements (please list with cost): This is an as -built site plan amendment to a previously approved preliminary and final plat application. See #SD-16-15 for previoulsy provided cost estimates. 10. ESTIMATED TRAFFIC a. P.M. Peak hour for entire property (In and out): See SD-16-15 11. PEAK HOURS OF OPERATION: N/A -Residential 12. PEAK DAYS OF OPERATION: N/A - Residential 13. ESTIMATED PROJECT COMPLETION DATE: Summer 2017 14. SITE PLAN AND FEE A site plan shall be submitted which shows the information required by the City's Land Development Regulations. Five (5)1 regular size copies, one reduced copy (I I" x 17"), and one digital (PDF-format) copy of the site plan must be submitted A site plan application fee shall be paid to the City at the time o submitting the site plan application in accordance with the city's fee schedule. ' , dv ' Administrative site plan applications require three (3) regular size copies, one reduced copy (11" x 17"), and one digital (PDF-format) copy. 3 Site Plan Application Form. Rev. 12-2011 NOTE: NOTIFICATION of ADJOINING PROPERTY OWNERS: Notification of adjoining property owners, in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations, is the responsibility of the applicant. After deeming an application complete, the Administrative Officer will provide the applicant with a draft meeting agendas or public hearing notice and sample certificate of service. The sworn certificate of service shall be returned to the City prior to the start of any public hearing. I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. CANT gx�k)r-l�-. TUBE OF PROPERTY OWNER' PRINT NAME L� Do not write below this line DATE OF SUBMISSION: r REVIEW AUTHORITY: Development Review Board Administrative Officer I have reviewed this site plan application and find it to be: Complete Incomplete Administrative bfficer Date The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call (802) 879-5676 to speak with the regional Permit Specialist. Site Plan Application Form. Rev. 12-2011 Dan Heil From: ray <ray@sburl.com> Sent: Friday, July 07, 2017 12:55 PM To: Dan Heil Cc: brad@Iivingvermont.com; David Burke Subject: RE: 2012-20 - O'Brien Drive Revised Plans Thanks and yes I will need 3 full sized prints. Ray Belair Administrative Officer City of So. Burlington 575 Dorset Street So. Burlington, VT 05403 802-846-4106 www.sburl.com www.sbpathtosustainability.com Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received Ili is message in error, please notify us immediately by return email. Thank you for your cooperation. From: Dan Heil [mailto:dheil@olearyburke.com] Sent: Friday, July 07, 2017 12:00 PM To: ray <ray@sburl.com> Cc: brad livin vermont.com; David Burke <dwburke@olearyburke.com> Subject: RE: 2012-20 - O'Brien Drive Revised Plans Hi Ray, The plans did not show the concrete sidewalk adjacent to the garages for units #4 and #6. Attached are the revised plans depicting these sidewalks. Also attached is the revised Page 3 of the Site Plan Amendment Application with the updated lot coverage. If you need hard copies of the attached please let me know and I'll put them in the mail. Thanks, Dan Daniel Heil, PE I O'Leary -Burke Civil Associates, PLC From: ray [mailto:ray@sburl.com] Sent: Friday, July 07, 2017 11:15 AM To: Dan Heil <dheil@olearyburke.com> Cc: brad@livingvermont.com; David Burke <dwburke@olearyburke.com> Subject: RE: 2012-20 - O'Brien Drive Revised Plans Dan, C) 1 1 I ! APPROXIMATE 3 I-fl V' I 1 LOCATION OF EXISTING HYDRANT�\ 73 1 I \ (I 11 rn I\\ GENT + JACQUELIME 5TEVEN50N I z 1 \ / N/F I \ APPROXIMATE \ I LOCATION OF \ EXIS TING lA�}q � IY I \ " GORY WATERMAIN / I - \ LIZABET PORTION OF G \ 055ETT EXISTING STORM / m \ N/F PIPE TO BE / REMOVF�C'P I W 1/ / 5MH EX* i R IM•31L25 I GB ♦1 8" INV. IN•306.'5 / RIM•3120 -� 8" INV. OUT•306.83 It 15" INV. IN•30276" \ 15" INV. OU7•30266" PROPOSED \ _ - SIDEWALK / I / S '• i TYPE COPPER WAT R SERGE- - CONNECT NEWS- _ -_- 2" COPPER- 5ERVICE VIA h 9 BORE UNDER 6v, -- - ROADWAY - EX GB RI1.4•3IL2 15" INV. IN-303.7 15" INV. OUT•303.6 EXISTING 6" 50R33�• SANITARY SEWER 5ERVIGE } C.313-s / 6" 5DR 33 X 83 LF 5.0.01I�� SNOW ' EXISTING AGGE55 /UTILITY EASEMENT STORAGE AREA AREA TO GARONER PARCEL (EASEMENT AREA RUN5 ALONG NORTHERLY SIDE OF CEDAR HEDGE) I NO PARKING 51GNAGE / I T EXIST-( G SINQaLE FAMILY HOME Soi/ Types S I --1 SMH ii PROP. 4" INV IN•30770 PROP. 6" INV. IN•30770 1115T 8" INV OUT•30738 1� 1 1 EXISTING \ CEDAR HEDGE LEGEND - -3q- - _ - - - exrsTINiS 6ROUD COM - MA" 4D _ MM05W FINISH &RAO_- LCNTOUR MO.,ELT DgXDARY I ` I �\l� j � I ; ,1D✓rnNe MorERn Lrrc I I ' 1 = S_ usaENr I \ 1 Z Dun.OrNr sEro4uc PRIVACY FENCING. \\ 1 / I PROPOSED SINGLE 156E BUILDING ELEVATIONS) DONALD N/FNN IRI5H \� \ I fi , Q ExlsnNr, IRON rvrE FAMILY HOME \ ,/F \ �rn 1/ ^ E+Nrsrin6 sroR�Ire (26' WIDE X 53' DEEP 15" 5DR 35 X 60 LF - I \ " 1 oasTlrw sEwERLIre FOOTPRINT LOT) 5.0/'OIO / \ \\ EXISTING I5" GMP l \" 1. A \ \' , 5 MOrOSEO SEWERLIIE FFE•3i4.0 RIM•310.0 / / \' \\ �/1 1\ - - -W- - - ornrlNrs wnrERLlne EXI5TING FENCE \ PROPOSED 3' FOOTPATH WITH 3' TO BE RELOCATED /\ \ PS" INV. IN•30206 \ WIDE EASEMENT (FLOATING( AND __ Morosm wnrERLIAe TO PROPERTY LINE , \\ EXI5T. 15" INV. OUT•301.8 n \\ CENTERED ON FOOTPATH _3�� '--- / I _1 -""k- -A` -AL- DY APPL IGANT \ \ - EXI5T. 15" PE X 23 LF PROPOSED 3' / '� ` `� wrnNo 61.rFER uNlrs S 5.0.012 HIGH SPLIT - 3X15T� RAIL FENCE S - SILT FENCE -'-TOW313.73 - _ �\ �-� ---___ - -�`- �E��-O _� �j/ IN FFE•314.83 I �' � - ,�.�r- ��-may 1'�� --- 3 5 i\ \ I \ \ l .. Mo 5ED c AR W-Vv IN ® / CONTRACTOR SHALL CLEAR OUT - - _ - 3 J _\_ unnr�6 eulwlNv ARu �.DEBRI5 ADJACENT TO EXISTING- /� STORM OUTLET BY HAND f \\ ' \ \ I -PROPOSED ' / / / - - - -' .C`ry�{{ �1 Morosm eulLDlnu AMA / I 20' STORM _- -OCT. 222013 SITE VIST - ' /S 1PWID �I X/ n -``` WITH JEFF 5EVE95ON + / ./ l I rROrosee rAVm aclvewAT / A\ i' - - \ .EASEMENT DEG. 9, 2013 51 TE VISIT �FASEMENT \ � :. \ � WITH DANIELLE OWGZARSKI \ \ PROPOSED 20' \ EXI5T. �1� " G/O\tl / SHARED ACCESS \\ INV.- 30L5s 1r- ... �.•� / //�- ( DRIVEWAY \ \ •�'•. � , - `NV.•308\7-- \ \�•. I, •� ADD STEEL SAFET IMITED COMMON AREA FOR A ' / RANI ALONG EXISTING THE BENEFIT OF UNIT •3 / RETAINING WALL' / /GARAGE•314.0 �� \ PROP05ED RAISED \ EXISTING PARCEL / %I / // / // -/ I I I /5 \ \ \ (7�RDEN BEDS \'•. \ 216 AGRE5 ' / I I \ I / L a PROPOSED DRYWELL \ ��/ •� I 1 I \TOP • 3I3.0 \�• i �i I I III ��---'-�/ 1 \ \ \ 15EE DETAIL ON f •i / 1 III /� / i \ ' SHEET 31 NO PARKING / ` // I 1 I b / / \ 51GNAGE L / A4dE / / 17191 LT111 LANE 41, I EWA 9 vVvSTORAGE V A v•• / �/ I ,f I I A / I / \ V I \\ . \\\AREA \\ \\ \ /(, . �• I I /`INV \ G/O - �2" TYPE "K" COPPER /2 \ C/o #2 \ WATER SERVICE \ /AA` /• I 1 / * \rl 1 pN� \ \ ( \ I / 6"X2" REDUCER \ I I I \ \\ 1 I I I PROPOSED 2" 50R \26 \ I \' \\8 i X15TINO mU}LEY( \ y I FO iPRINT\r O�J?9' / NA\ FORGEMAIN /\ /- \ ® � I DE X Sf7 DEEP ` I / FOOTPRiNT �6T1--- \ 1-J" TYPE "K" i 'll \\ \ )I 1 1 1 I DUPLEX / / COPPER WATER \ I \ \ \ "'\ 'o pw 02, N \ 1\ 1 EXISTINv -I--- j 5ERVIGE W/ 6\\ \ O t�A� I II II CURB STOP - FO 5 b l000 P(ANP \ \\ STATION, ELEV•313.73 1 •1, 29' WIDE X 60' DEEP FOOTPRINT _--_. - I -___ I / / 0 / I PVGVIN r3T 3p27.O R1 G0U 1 II I \\ \\ \\ \L \ �` -_ ��/ / JIB_ \ LOTS 14 + 61 1 I i'1I I 1\\ \\ • WETLAND IN \\ \ s BACK I \ I / � ' PROPOSED DRYWELL \ `\\\ II TOW316-51312. 1 I TOP 3K).O NANCY FAWLEY N/F �i I I FFE•3176 O ® /! 1 156E DETAIL ON 1 1 SHEET 31 '•\ \ \ \ \ `� - / / 1 / / \ DONGYANG ZHANG © �RlD�OSEb 37/ / I\\\ ANDREW + ANGELIA HAAG N/F \ N/F I 4" 5DR INV•3072 I INV-307.1 I ,� / HIFiL SPLIT I I ( IL FENG \) EXISTING I \ HIGH SPLIT '. RAIL FENCE i \ I N PVC V-307.5 I / / / / l / I ; SEASONAL N �� �,.•� \ PROPOSED TRIPLEX I 1 J / /( / l / l DRAINAGEWAYA, 20 OBRIEN COURT LOT COVERAGE \ I __ 19.6Z BUILOfNG COVERAGE SHALL INCLUDE A - J-- / l G/0 /S3 / --- -� RESIDENTIAL I--J---- / / / / r 31.5Z TOTAL COVERAGE- - _ LTO ♦4 \ SPRINKLER SYSTEMINV�306 /f / /_ ------I \ i1• \ PROP05EO CEDAR \ I1 HEDGE MIN 5' HIGH MATERIAL From I T6 I Upper End I L, W End I Fee I FeSL*90 NV.•3071 41 _ _ INSTALL SILT/FENCE PRIOR TO / RESIDENTIAL 41GT CONSTRUCTION ARID MAINTAIN - ZONING P15TR_ UNTIL ALL DI5TUR5E0 AREA _ ' 15 STABILIZED ARKS AND eCrEGTION / _ PROPOSED'' / / �� T (METER I / / --1 / // ZONING DI5 GLEN MOODY / / /� A/G UNIT % I N/F / ;I / SOUTH BURLINGTONIryfe ". 1nohB6 / I 1� �28' -WIDE X 60' 1 SCHOOL DISTRICT - - N/F i 6/27/17 DEEP FOOTPRINT LOT _- - - _ - _ _ I 1 A /� GRAPHIC SCALElo Owner/Applicant THE CONTRACTOR SHALL NOTIFY bIGSAFE" &ARNEK + SONS DEVELOPMENT GORP ,_WB-DIG-SAFE PRIOR TO ANY EXCAVATION.AT D BOX 21 IaO= z0 1 IN Re2r) _P.O.OLGHE5TER, VT 05446 1 n a HIM Location Plan Sa4"BV#,A,VO4 V7 at& Zoning /reformation ARGEL ID#; 0230-00039 tEA: 2.16s ACRES TOTAL (NOT INCLUDING EASEMENT AREA) ONEDz RESIDENTIAL 4 (R4) 'IMEN5IONAL KEQUIKELIENT51 INIMUM LOT AREA SINGLE-FAMILY 9,500 5F TWO-FAMILY: 12,000 5F MULTI -FAMILY 6,000 5F/UNIT ETOAGKSr RONT 30 FT IDE )0 FT EAR 30 FT OVERAGE AXIMUM LOT COVERAGE: 40% PROPOSED: MAX (20.61 INCLUDING AGCE55/UTILITY EASEMENT AREA) AXIMUM DUILDING COVERAGE: 20% PROPO5EDr 9.IX 16.8X INCLUDING AGGE55/UTILITY EASEMENT AREAI TILITIES, 'ATER: MUNICIPAL CONNECTION EWER MUNICIPAL CONNECTION PLAN SHEET LIST Sheet I Site Plan Sheet 2 Landscaping Plan Sheet 3 Driveway, Storm & Erosion Control Details & Specifications Sheet 4 Mater & Sewer Details & Specifications PL Property Plat NQTES, 1) THI5 PLAN 15 NOT TO BE USED FOR PROPERTY CONVEYANCE. PLEASE SEE PROPERTY PLAT PREPARED DY DAVID A. TUDHOPE. DATED 10/12/16, FOR PROPERTY CONVEYANCE PURPOSES. WALKS, A/C UNITS AND DECKS ON UNITS 2-6 TATION I UPDATED GRADES FOR UNITS 4-6 ,`S\((FIEF, o f Y!f i f 06 ` (NIL ' `� 7/21/16 7/R/16 1 REVISED rEK 7/21/16 LETTER TO O KEVI5ED rEK WW COMdENTS w5A2v sin�ir o Rrmw uM.wO E3 wlr,AwrR4+ m MAl E3 4(ERYI/LWCFPr 7=SItl+ A oa 0118 pJ" O'LEARY-BURKE CIVIL ASSOCIATES, PLC OWEr umwwrEaaNE GARDNER PARCEL 6 2 201E A I LOT, 6 UNIT PRD JOBS 2012-20 OMEN DRIVE SOUTH DUKLINOTON. VT 012-20-59 aAN slccr , S 1 TE PLAN 1 APPROXIMATE LOCATION OF EXISTING HYDRANT II KENT + JACQUELINE 3 STEVEN50N N/F APPROXIMATE LOCATION OF EXISTING WATERMAIN EXI5TING ACCE55/UTILITY EASEMENT AREA TO GARDNER PARCEL (EA5EMENT AREA RUNS ALONG NORTHERLY 51DE OF CEDAR HEDGE) I EXISTING DUPLEX FOOTPRINT LOT 129' WIDE X 50' DEEP FOOTPRINT LE&END PROJECT BOUNDARY OTHER PROPERTY LINE ,=.}-- --- EXISTING CONTOUR LINE '; PROPOSED CONTOUR LINE ® EXISTING IRON PIPE EXISTING CONCRETE MONUMENT IRON PIPE ITO DE SET) ■ CONCRETE MONUMENT ITO DE 5ET1 ON FX15TING ELEGTRICWTV/TELEPHONE LINE — PROPOSED EASEMENT LINE LIMIT COMMON AREA FOOTPRINT LOT BOUNDARY EXISTIN6/PRE5EKVE0 TREELINE PROPOSE- EVERGREEN TREE O. PROPOSED DECIDVWl TREE ® PROPOSED 5HR1J6 �\ 2 STRAND TWISTED 12 GUA6E GAL. WIRE ENCASED IN P DIA.—,, o i \ \ RUDDER HOSE 12 TO 31 2 x z' SEAS L \� / NA WAY��.� PR PO O5E0 TRIPLEX / K551PENT 01 4 IRTI -� - iWITH,'FOOTPVNT ZONING ,� ��J 1 AND RECREATION TKICT 1 / ZONING 015 landscape Schedule Key C..mItv Botanical Name Common Name Height/Size Unit Cost Total Cost AB 2 Abies Balsamea Blasam Fir S-6' $500 $1,000 PS 3 Pinus Strobus Eastern White Pine 1'-6' $500 $1,500 TS 2 Tsuga Canadensis Eastern Hemlock 5'-& $500 $1,0D0 DW 3 Malus'Donald Wyman' Donald Wyman Crabapple 2" $550 $1,650 IG 311eX Glabra'Compacta' Compact lnkberry 3gallon $50 $150 SN 8 Spiraea x bumalda'Neon Flash' Neon Flash Spiraea 3 gallon $50 $400 PO 6 Physocarpusopulifolius'Seward' Summer Wine Ninebark 3gallon $50 $300 HB 6Hydrangea paniculata'1,obo'Boho Bobo Hydrangea 3gallon $50 $300 HQ 2 Hydran ea aniculata'quid Fire' quick Fire Hydran e 3 allon $50 $300 TOTAL COST $6,400 Notes: Landscape Schedule prepaired by Rick Rice of Earthscapes Inc + REQUESTING A WAIVER FROM $12,100 TO $6.400 A5 JU5TIFIED BY THE PRESERVATION OF APPROX. 1.2 ACKE5 OF MATURE MIXED HARDWOODS H 5OFTWOOD5. EXISTING TREE5 TO BE PKE5ERVED ARE PREDOMINANTLY HEMLOCK5, BUT AL50 INCLUDE WHITE PINE, MAPLE, DIRCH, A5H, ALDER, ETC. THERE ARE AT LEAST 50 TREES LARGELY HEMLOCK IN THE 12-24" DIAMETER RANGE (70'+ HEIGH), WITH MANY MORE SMALLER UNOERSTORY TREE5 AND INSTALLATION OF APPROX. 1,030 LF OF SPLIT RAIL FENCE AT APPROX. C05T OF $10,500. GRAPHIC SCALE 71 IN FEET ) I inch = 30 ft. LAN05CAPINC7 5PEC.IFICATI0N5 ALL DISTURBED AREAS SHALL DE STABILIZED WITH SEEDING AND MULCHING PRIOR TO NOVEMDER I OF EACH TEAR ANY D15TUKDED AREA5 SMALL 15E IMMEDIATELY SEEDED AND MULCHED WITHIN 15 DAYS. ANY WORK PERFORMED AFTER OGTODER I OF EACH YEAR SHALL DE STABILIZED WITH MULCH OR NETTING SUFFICIENT TO PREVENT EROSION MID SHALL DE IMMEDIATELY SEEDED AND KEWLGHED AS SOON AS WEATHER PEKMIT5 IN THE SPRING. ALL DISTURBED AREAS SHALL RECEIVE A MINIMUM OF 4' OF TOPSOIL AHD DE SEEDED. FERTILIZED, LIMED, AND MULCHED IN ACCORDANCE WITH THE FOLLOWING, I. 5E 0 MIXNRE IN ALL AREAS SHALL DE URBAN MIX CONFORMING, TO THE TABLE SHOWN ON THE PLANS. FOR SEEDING BETWEEN 5EFTEMDER I AHD NOVEMDER I, WINTER RYE SHALL DE L15ECI AT AN APPLICATION KATE OF 100 POUNDS PER ACRE. 2. FERTILIZER SHALL DE STANDARD GOMMERGIAL GRADE CONFORMING TO THE STATE FERTILIZER LAW AND TO THE STANDARDS OF THE ASSOCIATION OF OFFICIAL AeKlGULTUKAL CHEMISTS. DRY FERTILIZER. IF USED, SHALL DE APPLIED AT THE RATE OF 500 POUNDS PER ACRE. POUNDS FERTILIZER. IF USED, SHALL DE APPLIED IN A 1-2-1 RATIO WITH THE MINIMUM RATE TO INCLUDE 100 PODS OF NITROGEN, 200 POUNDS OF PHOSPHATE. AND 00 FOUND5 OF POTASH PER ACRE. 3, LIMESTONE SHALL CONFORM TO ALL STATE AND FEDERAL REGULATIONS AND TO THE STANDARDS OF THE ASSOCIATION OF OFFI UAL AGRICt.LTIURAL CHEMISTS, THE LIMESTONE SHALL DE APPLIED AT A KATE OF TWO TONS PER ACRE OR AS DIRECTED. 4. WITHIN 24 HOUR5 OF APPLICATION OF FERTILIZER. LIME. AND SEED, THE SURFACE SHALL DE MJLLF£D WITH A HAY MULCH, MULCH SHALL DE SPREAD UNIFORMLY OVER THE AREA AT A RATE OF TWO TONS PER ACRE OR AS ORDERED DY THE ENGINEER. URBAN MIX GRASS SEED Z DY WEIGHT LISS' LIVE SEED PER ACRE TYPE OF OF SEED 37.5 45 CREEPING RED FESCUE 3125 37.5 KENTUCKY DLUECKA55 31.25 37.5 WINTER HARDY, PERENNIAL RYE 100 120 N LIVE SEED PER ACRE IVIL grunNtt HARDWOOD STAKES DRIVEN WIN. 161 FIRMLY INTO SI6- 6RADE PRIOR TO DAGKFILLIM WHEN REQUIRED 15EE NOTE N. STAKE ADOVE FIRST DRANCHS OR AS NECESSARY FOR FIRM SUPPORT, STAKES SHALL DE CAPADLE OF STANDING FIRM FOR AT LEAST ONE YEAR FORM 4' SAUCER IMDISTURDED PLUMB TREE TRUNK 3' MULCH - DO NOT APPLY AROUND TRUNK GUT AND REMOVE WIRE MESH DASKET, ROPE MID/ OR BURLAP WRAP FROM TOP 1/3 OF KOOTDALL DAGWILL WITH EXCAVATED SOIL 1L-LL—II—I —BREAK APART EDGE OF AMENDED WITH 5-10-5 FERTILIZERR —i —III EXCAVATION W/SHOVEL AT A RATE OF 10 POU ID5 PER _mII I -III -III— AND DLEND PLANT MIX GUDIG YARD OF SOIL. WATER AND 2 X BALL DIM. WITH EXISTING SOIL TO TAMP TO REMOVE AIR POCKETS PROVIDE 501L TRANSITION NOTE I PLANT TREE 50 THAT TOP OF ROOT &ALL IS EVEN WITH THE FINISHED GRADE. 1 STAKING AS REQUIRED ONLY IN SITUATIONS WHERE TKEE5 WILL DE SUD.,ECTED TO WINDY CONDITIONS AS DETERMINED DY THE PROJEGT LANDSCAPE ARCHITECT. 3. TREES SHALL DE GUARANTEED FOR A PERIOD OF TWO YEARS AFTER PLANTING. 4. EXAMINE ENTIRE TREE AND REMOVE ALL NURSERY TAGS. ROPE, STRING AND SURVEYOR TAPE PRIOR TO PLANTING TO PREVENT GIRDLING TREE PLANTING BCA C3 0 e»awM.a. xov ■ trMM O srrrDl/caNcwr u=A O'L.EARY-BURKE E«m CIVIL ASSOCIATES, PLC Aa IacorwrurFwWE 1'_30' nIaNEa Hunt: meywNr,Ginnmm NTS GARDNER PARCEL A I LOT, 6 UNIT PRE) ODRIEN DRIVE SOUTH DURLIWTON. VT LAND5GAFE PLAN I 2 O'Leary -Burke Civil Associates, PLC Nc � I 1 CIVIL ENGINEERING I REGULATORY AND PERMIT PREPARATION I LAND SURVEYING I CONSTRUCTION SERVICES I LAND USE PLANNING June 29, 2017 Mr. Ray Belair Zoning Administrator 575 Dorset Street So. Burlington, VT 05403 RE: Gardner Parcel - A 1 Lot, 6 Unit PRD Site Plan Amendment O'Brien Drive, South Burlington, VT Dear Ray: We are writing on behalf of Gardner & Sons Development Corp. (c/o Bradley Gardner) as a follow up to our 6/29/2017 email regarding a Site Plan Amendment Application for the Gardner — 6 Unit PRD located off O'Brien Drive in South Burlington. Please see attached for three (3) full size plan sheets, and one (1) reduced size copy (11x17) to accompany the Site Plan Amendment Application. Brad Gardner will be dropping off a hard copy of the application and submission fee directly to your office. If you have any questions or need any additional information please let me know. Si rely, aniel J. eil Enc. cc: Brad Gardner 13 CORPORATE DRIVE ESSEX JUNCTION VERMONT 05452 TEL 802 878 9990 I FAX 802 878 9989 I obca@olearyburke.com WICK & MADDOCKS Attomeys at Law P.O. Box 8502 Essex, VT 05451-8502 de fl V 0 L i.34F F'S; tj-40 �,uriln3c.]n Land ia,_ords t e S t �lnVll!_ 00042157 V : 1343 EASEMENT DEED PG]: ,3, KNOW ALL PERSONS BY THESE PRESENTS, that Gardner and Sons Development Corporation, a Vermont Corporation, with its principal place of business in the Town of Colchester, County of Chittenden and State of Vermont, Grantor, in consideration of One Dollar, and other valuable consideration, the receipt and satisfaction of which are hereby acknowledged, to it paid by the City of South Burlington, a Vermont Municipality, existing under the laws of the State of Vermont, Grantee, does hereby GIVE, GRANT, SELL, CONVEY and CONFIRM unto the said Grantee, City of South Burlington, and its successors and assigns forever, a perpetual easement and right-of-way for the purpose of providing access and maintaining a non -motorized footpath, over, upon and through property in the City of South Burlington, County of Chittenden and State of Vermont, described as follows: Being a 5' wide easement located approximately parallel and adjacent to the northerly boundary of the lands and premises known as "Property of Gardner & Sons Development Corp. 2.16 Acres", as depicted on a plan entitled: PROPERTY PLAT For: Gardner & Sons Development Corp. O'Brien & Birch Drs. South Burlington, Vt., prepared by David A. Tudhope, LS, dated 03/21/16, last revised 10/12/16„ and recorded at Map Slide # fff. of the City of South Burlington Land Records. Said easement is depicted on the above referenced Property Plat as "Proposed New 3' Wide Footpath Course with 5' wide easement (Floating) and centered on footpath", and "Proposed (Relocated) Footpath". Said easement and right-of-way shall be used to provide access for pedestrians between Birch Street and O'Brien Drive, and for the purpose of maintaining, repairing, constructing or re -constructing the 3' wide footpath. The herein conveyed easement is subject to the condition that no motorized traffic, including but not limited to motorcycles, trail bikes, and snowmobiles, shall be allowed to use the pathway, except motorized vehicles used by the Grantee or its agents for the purpose of maintaining or patrolling the pathway, and Grantee, its successors and assigns shall have the right to construct, reconstruct, repair, maintain, patrol, level, fill, drain and pave said recreational pathway at its sole cost, expense and risk. Grantee further agrees, for itself and its successors and assigns, that any premises affected by its entry pursuant to this easement and temporary construction easement shall be restored as near as reasonably practical to their condition prior to such entry at its own Page 1 of 3 1 00042157 V 0 1348 PG - 34 NICK & MADDOCKS Attorneys at Law P.O. Box 8502 Essex, VT 05451-8502 cost and within a reasonable time. Grantee agrees, for itself and its successors that it will indemnify and hold the Grantor harmless, to the full limits of liability insurance that it customarily maintains, for any injury or damage resulting from the public use of said right-of-way not attributable to acts of the Grantor. Grantee, by the recording of this easement, acknowledges that it has been donated to the City, at no cost to the City, with the intent that Grantor shall receive the full benefit and protection of 19 V.S.A. Section 2309. For purposes of construction a temporary easement and right-of-way five feet on each side of said permanent easement and right-of-way is hereby granted, together with the right to enter onto the other lands of Grantor proximate to the easement area. Said temporary easement and right-of-way shall expire once construction of the improvements are completed. The within Grantor, its successors and assigns, shall have the right to make use of the surface of the right-of-way and easement such as shall not be inconsistent with the use of said right-of-way for its intended purposes. Grantee acknowledges that the construction and maintenance of improvements necessary to provide access to Grantor's property shall not be inconsistent with the use of this easement by the Grantee. Being a portion of the land and premises conveyed to Gardner and Sons Development Corporation by Trustee's Deed of Nancy J. Olin, Trustee of The Robert H. Dumont Family Trust, u/t/a dated January 19, 1994, said deed dated July 3, 2014, recorded in Volume 1223 at pages 22-24 of the City of South Burlington Land Records. Reference is hereby made to the above mentioned instruments and plans, the records thereof and the references therein contained, all in further aid of this description. TO HAVE AND TO HOLD the above granted rights and privileges, over, upon and through said premises unto Grantee, City of South Burlington, its successors and assigns forever; and Grantor, Gardner and Sons Development Corporation, does for itself, its successors and assigns, covenants with Grantee, City of South Burlington, and its successors and assigns, that Grantor, Gardner and Sons Development Corporation, is lawfully seized in fee simple of the aforesaid premises, that premises are free from all encumbrances, that the Grantor, Gardner and Sons Development Corporation has good right and title to sell and convey the rights as aforesaid and that Grantor, Gardner and Sons Development Corporation, and its successor and assigns shall Warrant and Defend the same to Grantee, Page 2 of 3 00042157 V = :343 FAG -- 40 WICK & MADDOCKS Attorneys at Law P.O. Box 8502 Essex, VT 05451-8502 City of South Burlington, and its successors and assigns forever against the lawful claims and demands of all persons. IN WITNESS WHEREOF, Gardner and Sons Development Corporation, hereunto sets its hand and seal this x G day of ��� , 2016. Gardner and Sons Development Corporation Duly authorized agent STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At , in said County and State, this day of 2016, personally appeared Bradley C. Gardner, duly authorized agent of Gardner and Sons Development Corporation signer and sealer of the foregoing written instrument, and acknowledged the same to be his free act and deed and the free act and deed of Gardner and Sons Development Corporation. �! %%r Before me, _ ;;. j'� Notary Public My Commission Expires: February 10, 2019 Page 3 of 3 EK ICC) F 0 C U M N T O'Leary -Burke Civil Associates, PLC 9 CIVIL ENGINEERING I REGULATORY AND PERMIT PREPARATION I LAND SURVEYING I CONSTRUCTION SERVICES I LAND USE PLANNING October 12, 2016 Mr. Ray Belair Zoning Administrator 575 Dorset Street So. Burlington, VT 05403 RE: Gardner Parcel A 1 Lot, 6 Unit PRD O'Brien Drive, South Burlington, VT Dear Ray: We are writing on behalf of Gardner & Sons Development Corp. (c/o Brad Gardner) to follow up on the conditions outlined in the Development Review Board approval. Please see below for our responses to the comments that were issued in the attached Findings of Fact and Order as part of the DRB approval. A revised copy of the "Gardner Parcel - A 1 Lot, 6 Unit PRD" Plan Set that has addressed these comments has been included with this submission. Please find the following responses to the approval conditions: Decision Comment acknowledged. All previous approvals and stipulations will remain in full effect except as amended herein. 2. Comment acknowledged. This project will be completed as shown on the plat submitted by the applicant and on file in the Comment acknowledged. The plat has been revised to incorporate the changes below. Three (3) copies of the approved revised plans have been included with this submittal to the Administrative Officer prior to recording the plat. a. The survey plat must be revised to include the signature and seal of the land surveyor. b. The survey plat must be revised to show only one (1) parking space by unit #3 (single family house). c. The plans must be revised to include a street name approved by the Planning Commission. 4. Comment acknowledged. The final wastewater and water allocation will be approved prior to issuance of a zoning permit. Comment acknowledged. The three (3) unit building will contain a sprinkler system meeting the requirements of the Fire Department. 13 CORPORATE DRIVE ESSEX JUNCTION VERMONT 05452 TEL 802 878 9990 1 FAX 802 878 9989 1 obca@olearyburke.com Ray Belair Page 2 of 3 October 12, 2016 6. Comment acknowledged. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications will be underground. 7. Comment acknowledged. The proposed project will adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan will meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 8. Comment acknowledged. Prior to recording the final plat plans, all appropriate legal documents pertaining to the easement for the footpath along the northern edge of the property will be submitted to the City Attorney for approval and recorded in the South Burlington Land Records. 9. Comment acknowledged. The association documents related to the common land will include provisions that indicate the useable portions of this land are to be available to all residents in the PUD. Association documents will also include provisions for maintenance of the land. The full association documents must be submitted for review prior to issuance of the first zoning permit for the property. 10. Comment acknowledged. The Development Review Board grants a $5,850 landscaping credit. 11. Comment acknowledged. The applicant will post a $12,100 landscaping bond prior to issuance of the zoning permit. This bond must remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. 12. Comment acknowledged. There will be no use of herbicides or pesticides, nor non - organic fertilizers, within the wetlands or associated 50 foot buffers. This will be reflected in the association documents which must be reviewed by the City Attorney prior to issuance of a zoning permit. 13. Comment acknowledged. The applicant will be responsible to regularly maintain all stormwater treatment and conveyance structures on -site. 14. Comment acknowledged. 15. Comment acknowledged. The mylar will be recorded prior to any zoning permit issuance. 16. Comment acknowledged. The applicant will obtain a Certificate of Occupancy from the Administrative Officer prior to use or occupancy of the three (3) unit building. 17. Comment acknowledged. Any change to the final plat will require approval by the South Burlington Development Review Board. Ray Belair Page 3 of 3 October 12, 2016 18. Comment acknowledged. Included with this submission please find a final set of project plans as approved in digital (PDF) format. 19. Comment acknowledged. The final plat plans (Survey Plat and Site Plan) will be recorded in the land records within 180 days or this approval is null and void. Included with this submission please find a copy of the survey plat in digital format. Please find the following attached information: 1. Copy of 8/25/16 Findings of Fact and Decision for SD-16-15; 2. Three (3) copies of the approved plans; 3. Mylar Copy of the Site Plan; 4. Digital copy of approved plans in PDF format; If you have any questions, please call. Sincerely, Daniel J. Heil, PE Enclosures cc: Brad Gardner #SD-16-15 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING GARDNER & SONS DEVELOPMENT CORPORATION — O'BRIEN DRIVE PRELIMINARY AND FINAL PLAT APPLICATION #SD-16-15 FINDINGS OF FACT AND DECISION Preliminary & final plat application #SD-16-15 of Gardner & Sons Development Corporation for a planned unit development to further develop a 2.16 acre parcel developed with a two (2) family dwelling. The proposal consists of: 1) constructing a single family dwelling, and 2) constructing a 3-unit multi -family dwelling, O'Brien Drive. The Development Review Board held a public hearing on August 2, 2016. The applicant was represented by David Burke and Brad Gardner. Based on the plans and materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant, Gardner & Sons Development Corporation, seeks to construct a single family dwelling and a 3-unit multi -family dwelling, O'Brien Drive. 2. The owner of record of the subject property is Gardner & Sons Development Corporation. 3. The application was received on June 8, 2016. 4. The property lies within the Residential 4 Zoning District. 5. The plans submitted consists of two (2) pages titled "Gardner Parcel Site Plan" and "Gardner Parcel Landscape Plan," prepared by O'Leary -Burke Civil Associates, PLC, and dated 7/21/2016 and one (1) page titled "Site Plan," prepared by David A. Tudhope, and dated 3/21/2016. APPLICABILITY OF USE OF PLANNED UNIT DEVELOPMENT APPROACH Due to the relatively narrow frontage along O'Brien Drive coupled with the presence of a wetland, the applicant is proposing this project be reviewed under PUD standards so as to allow there to be more than one principal building on the lot and to avoid having to create multiple lots each subject to coverage and setback requirements. The applicant is, however proposing footprint lots for each of the new units. It is noted that the lot is currently partially developed with a duplex on the eastern portion of the property, which is separated from the western portion by wetlands. Section 15 of The South Burlington Land Development Regulations addresses Subdivision and Planned Unit Development Review and reads, in part, as follows: It is the purpose of the provisions for subdivision and Planned Unit Development (PUD) review to provide for relief from the strict dimensional standards for individual lots in these #SD-16-15 Regulations in order to encourage innovation in design and layout, efficient use of land, and the viability of infill development and re -development in the City's Core Area, as defined in the Comprehensive Plan. It is the further purpose of this Article to coordinate site plan, conditional use and subdivision review into a unified process. The Development Review Board shall administer these regulations for the purpose of assuring orderly growth and coordinated development in the City of South Burlington and to assure the comfort, convenience, safety, health and welfare of its citizens. The standards for determining whether a project warrants the flexibility provided by PUD review include the following: • to encourage innovation in design and layout, • efficient use of land, and • viability of infill development and re -development in the City's Core Area, as defined in the Comprehensive Plan. The plans detail the proposed locations of the buildings and the driveway. Renderings of the buildings are also provided. The Board notes that there is an informal, unimproved footpath along the northern edge of the property from Birch Street to O'Brien Drive. The applicant proposes to provide the City of South Burlington with a five (5) foot wide easement around the path and to install a three (3) foot high split rail fence along the length of the path. The proposed buildings are served by one driveway and are located on the few developable portions of the lot outside of the wetland and its buffer. The applicant has indicated that the reasons that this project qualifies as a PUD are: The walking path which connects the Birch Street side of the lot with the O'Brien Drive side of the lot. The project is an infill re -development providing housing choices other than the predominant single family lots in the immediate area. The project provides common land with raised gardening beds. The Board finds this project to be an efficient use of land and to provide needed infill development. The Board also notes that on -street parking is available for guests on O'Brien Drive. PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs shall comply with the following standards and conditions: (A)(1) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. (A)(2) Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. Plans show the use of erosion controls to protect the wetlands. Public Works stated in an email to staff 2 #SD-16-15 dated 6/29/2016 that the department was "all set on this project." The Board finds this criteria met. (A)(3) The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. The application materials state there will be three (3) P.M. Peak Hour trip ends on the property. All four (4) units will be accessed via a common 20 foot wide private roadway. A private roadway is allowed to serve up to nine (9) dwelling units in any combination of single-family, duplex, or multi -family when there is only one point of access according to Section 15.12(D)(3) of the LDRs. Furthermore, the homes built on a private roadway must have sprinkler systems that satisfy the requirements of the Fire Chief, or the DRB may waive that requirement if recommended by the Fire Chief. The application indicates the triplex units will have sprinkler systems as requested by the Fire Department. Additional circulation is provided on the site by the footpath along the northern boundary line. The Board finds this criterion met. (A)(4) The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. The project's layout avoids the centrally located wetland and its buffers. Plans show that during construction and until all disturbed areas are stabilized a silt fence will be installed to prevent runoff to the wetlands. The applicant will install a split rail fence along the wetland buffer to delineate its location. The Board finds this criterion met. (A)(S) The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. As presently developed, houses along O'Brien Drive are arranged in a pattern where all the houses are generally the same distance from the roadway and spaced at fairly regular intervals from one another. The proposed development will depart from that layout by placing a triplex behind an existing duplex located on O'Brien Drive. Since the triplex will be behind the duplex and the house fronting to O'Brien Drive will follow the established pattern of development along the street, the Board finds the placement of the triplex to be acceptable and the development to be visually compatible with the area. Furthermore, the Board finds the clustering of housing in the City's Core Area to be aligned with the Comprehensive Plan. (A)(6) Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. The project's layout includes open space around the wetland and abutting the South Burlington School District parcel to the south. The Board finds this criterion met. (A)(7) The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. The South Burlington Fire Department shared with staff on July 25, 2016 that, in accordance with their previous recommendations, sprinklers should be installed in the triplex and no parking signs should be installed along the driveway and in the hammerhead turnaround area. The site plan indicates no parking signage in the hammerhead turnaround area and along the driveway and that the triplex will have a 9 #.SD-16-15 sprinkler system. The Board finds this criterion met. (A)(8) Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. Public Works stated in an email to staff dated 6/29/2016 that the department was "all set on this project." The Board finds this criteria met. (A)(9) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards, absent a specific agreement with the applicant related to maintenance that has been approved by the City Council. For Transect Zone subdivisions, this standard shall only apply to the location and type of roads, recreation paths, and sidewalks. Public Works stated in an email to staff dated 6/29/2016 that the department was "all set on this project." The Board finds this criteria met. (A)(10) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). As discussed above, the Board finds that the proposed project is consistent with the goals and objectives of the Comprehensive Plan for the R-4 Zoning District. The Board finds this criterion met. SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, any PUD shall require site plan approval. Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: A. Relationship of Proposed Development to the City of South Burlington Comprehensive Plan. Due attention by the applicant should be given to the goals and objectives and the stated land use policies for the City of South Burlington as set forth in the Comprehensive Plan. As discussed above, the Board finds that this criterion is being met. B. Relationship of Proposed Structures to the Site. (1) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. The proposed buildings are located on a proposed new driveway while the two (2) existing units on the east side of the parcel are accessed via Birch Street. The proposed and existing units are separated by a wetland. Adequate parking appears to be provided for each of the new units. No internal sidewalks are proposed to serve the 3 unit building, however given the lack of traffic generated by the units pedestrian safety should be adequate. The Board appreciates the placement of a relatively small house on the same lot as the proposed triplex. 4 #SD-16-15 (2) Parking: (a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a public street shall be considered a front side of a building for the purposes of this subsection. This standard only applies to the triplex. Parking is located to the side of the multi -family home on the Gardner/Zhang lot which forms the building line of the development facing O'Brien Drive. The Board finds that this criterion is being met. (b) The Development Review Board may approve parking between a public street and one or more buildings if the Board finds that one or more of the following criteria are met. The Board shall approve only the minimum necessary to overcome the conditions below. Not applicable. (3) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or anticipated adjoining buildings. The proposed buildings would be less than 28 ft. in height and similar in scale to other two story homes in the zoning district. The Board finds this criterion met. (4) Newly installed utility services and service modifications necessitated by exterior alterations or building expansion shall, to the extent feasible, be underground. The Board finds this criterion to be met. C. Relationship of Structures and Site to Adjoining Area. (1) The Development Review Board shall encourage the use of a combination of common materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing), landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. (2) Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. The Board finds that the proposed buildings are similar to each other and surrounding houses in style and height. The single family house (unit #3) will have a smaller footprint than some nearby houses and the Board finds its impact to thus be minimal. While the immediate neighborhood on O'Brien Drive is predominantly single family houses, there are other more dense housing arrangements in the vicinity of the proposed project, including duplex units on Lilac Lane and O'Brien Drive. The Board finds this criterion to be met. In addition to the above general review standards, site plan applications shall meet the following specific standards as set forth in Section 14.07 of the Land Development Regulations: 5 #SD-16-15 1. Access to Abutting Properties. The reservation of land maybe required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial or collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. The Board does not consider the reservation of land to be necessary. 2. Utility Services. Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 3. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). The applicant submitted material stating that garbage will be stored in the garage units of each individual unit and that there is room for onsite composting in the vicinity of the raised garden beds. The Board finds this criterion met. 5. Landscaping and Screening Requirements. (See Article 13, Section 13.06) Pursuant to Section 13.06(A) of the proposed Land Development Regulations, landscaping and screening shall be required for all uses subject to planned unit development review. The total cost of the project is estimated at $480,000 by the applicant. The minimum landscaping budget, as shown below, is $12,100; however, the applicant is requesting a credit of $5,850 for existing mature trees and proposed split rail fence, which is estimated to cost $10,500, to allow a reduced budget of $6,250. The Board finds that a credit is acceptable given the addition of the split rail fencing. Total Building Construction or Building Improvement Cost % of Total Construction/ Improvement Cost Cost of proposed project $0 - $250,000 3% $7,500 Next $250,000 2% $4,600 Additional over $500,000 1% $0 Minimum Landscaping $ $12,100 Proposed Landscaping $6,250 The applicant is proposing a cedar hedge to screen the triplex from the duplex that fronts on O'Brien Drive. Additional plantings are proposed between the parking areas in front of the triplex and to provide some privacy between the porch of the single family house and the footpath to its north. Pursuant to Section 13.06(B) of the Land Development Regulations, the plans depict snow storage areas. The Board finds this criterion met. Stormwater 9 #SD-16-15 The Stormwater Division told staff in an email dated 6/29/16 that there were no stormwater-related concerns. Other Issues The private street serving the proposed units should have a name approved by the Planning Commission. The embankment between the proposed units and the wetland area is steep. Plans show a split rail fence delineating the embankment. The Board finds that this will be sufficient for preventing vehicular traffic from entering the wetland area and provide a measure of protection to motorists from the steep embankment. DECISION Motion by John Wilking, seconded by Frank Kochman, to approve preliminary and final plat application #SD-16-15 of Gardner & Sons Development Corporation, subject to the following conditions: 1. All previous approvals and stipulations will remain in full effect except as amended herein. 2. This project must be completed as shown on the plat submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The plat must be revised to show the changes below and will require approval of the Administrative Officer. Three (3) copies of the approved revised plans must be submitted to the Administrative Officer prior to recording the plat. a. The survey plat must be revised to include the signature and seal of the land surveyor. b. The survey plat must be revised to show only one (1) parking space by unit #3 (single family house). c. The plans must be revised to include a street name approved by the Planning Commission. 4. The applicant must receive final wastewater and water allocations prior to issuance of a zoning permit. 5. The three (3) unit building must contain a sprinkler system meeting the requirements of the Fire Department. 6. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 7. The proposed project must adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan must meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 7 #SD-16-15 8. Prior to recording the final plat plans, all appropriate legal documents pertaining to the easement for the footpath along the northern edge of the property will be submitted to the City Attorney for approval and recorded in the South Burlington Land Records. The association documents related to the common land must include provisions that indicate the useable portions of this land are to be available to all residents in the PUD. Association documents must also include provisions for maintenance of the land. The full association documents must be submitted for review prior to issuance of the first zoning permit for the property. 10. The Development Review Board grants a $5,850 landscaping credit. 11. The applicant must post a $12,100 landscaping bond prior to issuance of the zoning permit. This bond must remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. 12. There must be no use of herbicides or pesticides, nor non -organic fertilizers, within the wetlands or associated 50 foot buffers. This must be reflected in the association documents which must be reviewed by the City Attorney prior to issuance of a zoning permit. 13. The applicant will be responsible to regularly maintain all stormwater treatment and conveyance structures on -site. 14. The applicant must obtain a zoning permit for the first building within six (6) months of this approval. The Development Review Board grants a period of five (5) years for approval of the remaining building. At such time as the five years is reached and the applicant has not sought a zoning permit for the remaining building, they will be eligible, per Section 17.04 of the South Burlington Land Development Regulations, for one (1) extension to an approval if the application takes place before the approval has expired and if the Development Review Board determines that conditions are essentially unchanged from the time of the original approval. In granting such an extension, the Development Review Board may specify a period of time up to one (1) year for the extension. 15. The mylar must be recorded prior to any zoning permit issuance. 16. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use or occupancy of the three (3) unit building. 17. Any change to the final plat will require approval by the South Burlington Development Review Board. 18. The applicant must submit to the Administrative Officer a final set of project plans as approved in digital (PDF) format prior to the issuance of the first zoning permit. 19. The final plat plans (Survey Plat and Site Plan) must be recorded in the land records within 180 days or this approval is null and void. The plans must be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plans, the applicant must submit a copy of the survey plat in digital format. The format of the digital information will require approval of the South Burlington GIS Coordinator. #SD-16-15 Mark Behr Yea Nay Abstain Not Present Matt Cota Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Bill Miller Yea Nay Abstain Not Present David Parsons Yea Nay Abstain Not Present Jennifer Smith Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present Motion carried by a vote of 5— 0 — 0. Signed this 25thday of August 2016, by / /0 el A, /i�:-- Bill Miller, Vice -Chair Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermontjudiciary.org/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist. E southburliugt t PLANNING & ZONING August 26, 2016 David Burke O'Leary Burke Civil Associates 13 Corporate Drive Essex Jct., VT 05452 Re: Preliminary and Final Plat Approval #SD-16-15 — O'Brien Drive Dear Mr. Burke: Enclosed, please find a copy of the Findings of Fact and Decision of the Development Review Board on the above referenced project, the hearing for which was closed on August 2, 2016. (Effective date 8/25/2016) Please note the conditions of approval, including that the preliminary, and final plat plans must be recorded in the land records (in mylar format) within 180 days (must be submitted to me in time for recording along with a $15 recording fee by February 21, 2017) or this approval is null and void. If you have any questions, please contact me. Sincerely, Rpy d J. Bela' Administrative Officer Encl. CERTIFIED MAIL- RETURN RECEIPT: 7015 0640 0007 8199 3938 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com South Burlington Fire Department 575 Dorset Street South Burlington, Vermont 05403 802-846-4110 July 25, 2016 Mr. Ray Belair City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: O'Brien Drive, Gardner and Sons Dear Ray: I have reviewed the plans and comments for the Gardner and Sons proposed project on O'Brien Drive. Based on Deputy Chief Francis' comments at Sketch Plan and the agreement by the developers to implement his recommendations, we have no problem with this project moving forward. Said recommendations are: 1) sprinklers installed in the tri-plex and 2) no parking signs installed. If you have any further questions please feel free to contact myself or Terry. Sincerely, Douglas S. Brent Chief of Fire and EMS O'Leary -Burke Civil Associates, PLC i CIVIL ENGINEERING I REGULATORY AND PERMIT PREPARATION I LAND SURVEYING I CONSTRUCTION SERVICES I LAND USE PLANNING July 21, 2016 Ms. Lindsey Britt Development Review Planner 575 Dorset Street So. Burlington, VT 05403 RE: Application #SD-16-15 Dear Lindsey: As a follow up to the July 1, 2016 draft Staff Report for the August 2, 2016 Preliminary & Final Plat hearing for parcel 0230 -0039, please find the following responses: Page 2 — Zoning District & Dimensional Requirements: The proposed front yard setback is 65 feet vs. the 75 feet stated, as proposed Unit #3 was moved 10 feet towards O'Brien Drive. Staff recommend the Board request the applicant revise the plans to show the metes and bounds for each footprint lot, both for the proposed units and the existing duplex: We have requested that this information be added to the Plat prepared by David Tudhope and expect that we will receive and provide next week; 2. Staff recommends the Board discuss with the applicant the possibility of changing the layout of the single family house (Unit #3) and its associated surface parking: Per the page 2 comment above, Unit #3 was moved towards O'Brien Court 10 feet. This was achieved by increasing (flattening) the radius of the entry drive to allow the forward shift. Our initial June 8, 2016 submittal for this Hearing discussed other Unit #3 changes since Sketch, based on comments received / discussion at the Sketch hearing. Parking behind Unit #3 does not work, as Unit #3 has been moved as far forward as possible. While the detached two car garage is ample for Unit #3, the proximity to the top of bank does not allow for space between the drive and garage for a Unit #3 visitor, which was discussed in general for Units 3 — 6 (Units 4 — 6 have two car garage, plus parking for 2 cars at the front of the garages. As such, we have reduced the parking in front of Unit #3, from two spaces to one space, 3. Staff recommends the Board receive comments from the Fire Department prior to closing the hearing to ensure the project has addressed the concerns previously shared with the Board by the Fire Marshall: Per my July 20, 2016 e-mail to you, 13 CORPORATE DRIVE ESSEX JUNCTION VERMONT 05452 TEL 802 878 9990 I FAX 802 878 9989 I obca@olearyburke.com we have requested and expect that you will receive an e-mail from the Fire Department in support of the project as we have informed them that we are agreeable to permit conditions that the triplex (Units 3 — 6) will require residential sprinkler systems and that the driveway will include "No Parking" signage. We have revised plan sheet 1, adding a Note for both. 4. Staff recommends the Board discuss with the applicant the possibility of connecting Unit #3 to the sidewalk on O'Brien Drive: As the detached garage for Unit #3 is to the south, we feel a sidewalk connection to the drive for the common pedestrian travel from the garage to the Unit. With the change to one parking space the sidewalk is in close proximity to O'Brien Drive. For this reason and as importantly to not encourage use of a sidewalk from Unit #3 to O'Brien Drive be used by pedestrians on the natural path /easement in close proximity to the north, along with the 20' driveway width, we feel the revised sidewalk is at the appropriate location. 5. Staff recommends the Board discuss with the applicant how waste will be handled: As discussed at the Sketch hearing, garbage will be stored in tge garage of each individual Unit with a common pick-up day. In regards to composting, should any Unit owner decide to, there is ample room for composting receptacle(s) to the south of the Unit #3 driveway in the vicinity of the proposed raised garden boxes. 6. Staff recommends the Board discuss the landscaping in detail with the applicant to determine whether it is adequate and if a cost if justified: Please see page 1, paragraph 4 of our June 8, 2016 cover letter for additional information. In summary, the $5, 850 "Waiver" is more than justified by the amount of landscaping proposed, the preservation of 1.2 acres of mature woods and the approximate $10, 500 cost of the 1, 050 If of split rail fencing. 7. Staff recommends the Board discuss with the applicant whether a similar fence or other structure could be installed beside the existing duplex to protect the wetlands from encroachment and motorists from the steep embankment: Plan sheet 1 has been revised to show the existing split rail fencing installed as a condition of the State Wetlands Permit for the existing duplex. If you have any questions, please call. Sincerely, David W. Burke Enc. cc: Brad Gardner I \L APPROXIMATE 3 LOCATION OF 1 EXI5TING HYDRANT \ I II 'ENT JAGQUELIME 1 -�TEV:.I', N/F I APPROXIMATE-j\ LOCATION OF \ EXISTING WATERMAIN / PORTION OF EXISTING STOk / PIPE TO REMO> y3 5MH EX11 I RIM•31125 f 6" INV. IN•306.95 8" INV. OUT•306.85 ' PROP0560 SIDEWALK / I 1 I U CONNECT NEW y 2' COPPER �. SERVICE VIA h ,I BORE UNDER ROADWAY EX CB / RIM•3R2 15" INV. IN•303.7 1 - 15" INV. 00T•303.6 EXISTING 6" SDR35 � SANITARY SEWER SERVICE k .0 / //r EX SINE , Sol/ Types S LE(�;,END FAMILY HOME rn AdA ADAMS AID WIND50R LOAMY SANDS. O-SS SLOPES 10.{5 AtAE51 \ vR Ga �V I RMHIM # 11 1 , AdE ADMAS AID WR[)SOR LO-Y 5A D5. JD-IcOX SLrE OS Db2 A M51 / I�r\ / _l O I - -Jr- - _ Exlsr T" - ruJOR / V I\ EXIST. 6" 5TU6.307.5+ (\\ [LcwA VC5MA. AND -TEI-Y 5011-5. 2- 51.OPE5 6A2 ALRE51 �\1 1 -- ,l - - rRCrOSED fIN15H sRADE OalrOtM I \ PROP. 4' INV. IN•307/V 70 1 \ - m I \ PROP. 6" INV. IN•307.70 z \ EXIST. 6 INV. OUT•3075R I �„- - - - _ ( \ - - - _ - .Ae-T (CONTRACTORSHALL VERIFY ACTUAL SANITARY 5TU15 ELEVATION AND neoracn LeE CONFIRM WITH \ ENGINEER PRIOR TO ORDERING STRUGTUREI -�c'1 PRIVACY /\ I �\ 1 soa egxovtr . / " I GORY 1Y FENCING \ \ 1 I I Exnrxa Ix_ rw _ \ ) L IZABE DONALD + AM IRISH \ / lSEE BUILDING ELEVATIONS \ \ ! \ OSSETT PROPOSED SINGLE ,' N/F \ \ N/F FAMILY HOME \ r�T'\ 1/ ^ Exrsrrrxs SroRu.rNE rn u% IS" SOR 33 X 60 LF _ !?6' WIDE X 33' DEEP 5-0.0I0 / \ , ` 11 Exrsrwv sEwotuNE FOOTPRINT LOT) /- r. ./ I \ \\ EXISTING tl'• V 5 ncorosED sEwERune I FFE•314.0 / GD 12 , \ \ / 1\ - - -w- - - ExrsnnX: wn rERL rNE W I / RIM•310.0 PROPOSED 3' FOOTPATH WITH 5- ''\ EXISTING FENCE / GB tl TO BE RELOGA TED /\ \ 15' INV. IN•30206 \` WIDE EASEMENT IFLOATINGI AND / �OrOiED w"r R'E 51Te 4` RIM•312.0 TO PROPERTY LINE \\\ EXIST 15" INV OUT•30L8 A ♦\ CENTERED ON FOOTPATH `_310- 15" INV. IN•30276" BY APPLICANT \ ---�� 15" INV. OUT'- 200 - -EXIST. 15PEX 23 LF PROPOSED 3' -,/ EXI5TING� �� _� _ _---,_--_ -------- 185- - ,.�-- �z-- � s T LocationP/an 5-0 2 HIGH SPLIT � - \ L FENCE TYPE X"COPPER _ - � _- - -' - _ _ - _ _ _ - - - _ _ \ j' \ \\ , SaRh Budingtwt VT 2Ls. WA TE SERVILE _ - - ��"-� -�` exrsnNa OfDAR HeovE I �� - � �� -- - - _ �'it-_ ' FFE•3I4.85 _ _ 3 .6 i' - \` ^ T►� -- •-Tim ' I -300 - '1. \ ® Exlsrrnr� eun.Drrr, MEA CONTRACTO- - - - _ R 5HALL CLEAR OUT - 7 .DEBRIS ADJACENT TO EXISTING STORM OUTLET BY HAND �'�' �'�/ //J}F• �1\ \\� \; \\ \\ \1 �I rRorosm dIILDIAK AREA _PROPOSED /_./.`OP \ < / I p' STORM _ CLA55 2 WETLAAD PER / \ \ EASEMENT -OCT. 2 2013 51 TE VISIT / �; /2p�,(y'��jJ, DE I \ \ \ \\ \ \ \ _ WITH JEFF SEVERSON + '�FX I ,' "f'^"' \ \`11 rRuosEo rAWro DRrvEwnr AdA \ / / •' 5EMENT I \ \ \ \ 1 \ 5' 5OR 35 X - 83 LF 5-0.0II I j/ EXISTING AGGE55/UTILITY EASEMENT AREA TO GARONER PARCEL !EASEMENT AREA RUNS ALONG NORTHERLY SIDE OF CEDAR HEDGEI SNOW 5TORAGE AREA NO PARKNA&E ?� n SIGNAGE EXISTING \ CEDAR 4/+ � HEDGE I-$" TYPE X' COPPER WATER \� \ SERVILE W/ GURQ STOP / / � � \ 29' WIDE X 60' \ I 1 DEEP FOOTPRINT \ LOTS N NANGY FAWLEY \ NI DONGYANG ZHANG ANDREW + ANGELIA HAAG N/F 1 N/F \ 1 1 20 OBRIEN COURT LOT COVERAGE \ PROPOSED TRIPLE ILUDE 19.6X BUILDING COVERAGE1 SHALLRESIDENTIA 315X TOTAL COVERAGE' 5PRIWLER 5Y5T \ PROPOSED CEDAR HEDGE MIN 5' HIGH sanitary Computations STRUCTURE INVERT ELEVATIONS1 LENGTH I SLOPE I MATERIAL I DIAMETER 11 From 1 TO I Upper End I Ln- End I Feet I FeetlFeet I I Inches I \ _ DEC. 9, 2013 SITE V151T / 7' \ - -IL -WITH DANIELLE OWGZAR5K1 �PROP05E0 20' \ EXIST J V SHARED AGGE55 �\ INV.- 30L51,- G/O\RIDRIVEWAYS'-'.a_ NV.•308\7 P - _ LIMITED GOMMON\AREA FOR /'THE BENEFIT OF UNIT #3 /GARAGE•3'0 , \ PROP0560 RA 15EDEXISTING PARCEL \�\ \ GARDEN BEDS \'•. \ 2.16 ACRES 1 ROF05EO DRYWELL '---'' / g 1JIJ4 \ /O \\�(SEE DETAIL ON 1 \\,\ \ / �J� /�/ SHEET 3) NO PARKING AOFE l / I I I 4 / _-- 17191 L)L\A4 LANE 1 + 6 \ \• \\ \\ SIGNAGE f \ 1J5 /e.\\ \ ,9NOW EWA \.5TORAIS6 1 G/ {2 \\ \ AREA INVO'li 2 TYPE "K" COPPER WATER SERVICE I 1, l \ \ \\ •. �I I \. \ b � I EXISTINfd K2Ll}LER PROPOSED 6" SDK 35 I U `\ \ I 1 FOQTfRINTT 0714;1, \ PVC, SEWER 5ERVIGE \ \ i\ I I \ \I O O 1 OE X DEEP - S•0.01 \ \'` i / ( \\ 111 ICI I FOOTPJCINT JaT4- ABA--- \ 1 O w. i � 1 IL 1 1 \ ,\ IIIEXISTIN ?� DUPLEX \ ` /1310 I. PROP05ED ORYWELL / TOP • JUD 11y1 \ 50' WETLAND 15EE DETAIL ON '" \ \ BUFFER I / 1 SHEET 3) - IGARAGE•315.5 1` 1\ \ I � � i♦I) Al \ \ \ \ JTOW316.5 \ I I I 11 \� \ / .- FFE•3176 ® \ I I INVImdJD.6 /l \\\ 5FL i 1 I\\ HX g1 SPLIT. el /L FBNGFI � I (/ \ I I / / ,\ \ RAIL FENCE /.•• //( ,/ / � / / 1 1 SEASONAL '\\\\ \- � � �- �� X I - \ I _ - _ i �I 0 / / // l / I I ' � DRA INAGEWA A \ - - - /O j5 / / \ _ 11 / \ L -L --- / //INV/DLO / /\--_---' 314// / /� / INSTALL SILT FENCE PRIOR TO NTIAL 4 IR / RESIDE STRICT .CON5TRUCTION AND MAINTAIN ZONING DI_- 1 UNTIL ALL 015TUR15E0 AREA ��qq99 1 15 STABILIZED�RECREATION PARKS AND TRIGT ZONING DIS / GLEN MOODY - ' IL / N/F SOUTH BURLINGTON •I i l I,II/ / WIDE X 60'` SCHOOL DISTRICT l l / DEEPFOOTPRINTLOT %• - - - _ \ \ - - - -F \ I I GRAPHIC SCALE Owner/Applicant THE CONTRACTOR SHALL NOTIFY "DIGSAI4" AT (5ARDNER + SONS DEVELOPMENT GOKP 1-888-DIG-SAFE PRIOR TO ANT EXCAVATION. 1 IN FEET 1 P.O. DOX 21 1 min - 20 rL GOLGHE5TEK. VT 05446 Zoning /reformation PARCEL ID#: 0230-00039 AREA 2.16X ACRE5 TOTAL (NOT INCLUDING EASEMENT AREA) ZONED- RESIDENTIAL 4 (K4) DIMENSIONAL KEWIKEMENT51 MINIMUM LOT AREA: 51N(7LE-FAMILY 9.500 5F TWO-FAMILY 12,000 5F MULTI -FAMILY: 6.000 5F/UNIT 5ETDACK5- FRONT: 30 FT 510E: 10 FT REAR 30 FT COVERAGE - MAXIMUM LOT COVERAGE: 40% PKOP05ED� MIX 12OX INCLUDING AGGE55/UTILITY EASEMENT AREA) MAXIMUM DUILOING COVERAGE: 20% PROPOSED, 9.1% (6.5X INCLUDING AGGE55/UTILITY EASEMENT AREA) UTILITIES- WATER- MUNICIPAL GONNEGTION 5EWERz MUNICIPAL GONNEGTION PLAN SHEET LIST Sheet I Site Plan Sheet 2 Landscaping Plan Sheet 3 Storm & Erosion Control Details & Specifications Sheet 4 Driveway, Water & Sewer Details & Specifications PL Property Plat tzCEIVEb JUL212016 NOMI. City of So. Burlington 1) THIS PLAN 15 NOT TO BE USED FOR PROPERTY CONVEYANCE. PLEASE SEE PROPERTY PLAT PREPARED DY DAVID A. TUDHOPE. DATED 3/21/16, FOR PROPERTY C.ONVEYANGE PURPOSES. ww `55Nu 4q��� Gecn O AEsao wAxwc o IIEIAeder C7 a vIXsm - 0�9A O'LEARY-BURKE IV, - owe 1H CIVIL ASSOCIATES, PLC owe sconro-uT rrA�n'l i n 1.=zo' GARONER PARCEL A I LOT, 6 UNIT PRD O'DRIEN DRIVE SOUTH 1511RLIN&TON. VT S 1 TE PLAN I 1 APPROXIMATE LOCATION OF 1 EXISTING HYDRANT 1 1 3 III RENT + JACQUELINE I X15TING 51NGLE I N/F I Z FAMILY HOME APPROXIMATE I LOCATION OF 70 EXISTING WATERMAIN < 1 I CIl I ; 5 /\ I 5 JJ26 O EXISTING ACGE55/UTILITY EA5EMENT AREA TO GARDNER PARCEL h, so - IEA5EMENT AREA RUNS ALONG NORTHERLY SIDE OF CEDAR HEDGEI TINE nta 0 / C R PROP05EO CEDAR HEDGE. MIN 6' HIGH PROPOSED SINGLE EX19F 1W FAMILY HOME / 3' �ATH \\ (27' WIDE X 53' DEEP \ , FOOTPRINT LOT) 1 � 10^pI Iil i � 1 N EXISTING 15" GMP 1 —305-- 1 _ —300 IU — GLA55 2 WE PER 'OGT 2, 2013 SITE V1517 _ --1—_—_—__—� WITH JEFF 5ERVER50N + --Dec. 9. 2013 SITE V151T •' / I \ WITH DANIELLE OWCZAR5K1 IL \,§0' pETLAN�\, EXISTING PARCEL 216 AGRII I EXISTING/PRES,�ERVV ED I I I \TREEL INE \ r 1 EXISTING DUPLEX FOOTPRINT LOT 129' WIDE X 50' DEEP FOOTPRINT '6 i i'. Ail � X15TIO DUPLEX LEGEND PROJECT DOU.NDMY T. PROPERTY LINE —353— — — — EXISTING GONTOVK LINE (15>— PROPOSED CONTOUR LINE ® EXISTING IRON rIM OEXISTING GONCRETE MONUMENT IRON FIPE (TO DE SET) CONGKETE MONUMENT (TO DE SET) al EXISTING ELEGTKIG/TWTELEPHDNE LINE PROPOSED EASEMENT LINE — — LIMIT COMMON AREA --------- FOOTFKINT LOT DOU•DAKY EXISTING/PRESERVED TREELINE PROPOSED EVERGREEN TREE O. PROPOSED DECIDUOUS TREE • PROPOSED SHUUD I E NIS 0— 5 DRAISEAS NA WAY PROPOSED TRIPLEX RESIDENTIAL 4 plsrRlcr _ = i'WITFj./'F00TPRINT Z0-1NG— LOi5"/'� EATION' ION ND R STRICT / Landscape Schedule Key Quantity Botanical Name Common Name Hei ht/Size lUnit Cost ITotal Cost AS 2 Abies Balsamea Blasam Fir 5'-6' SSW $1,000 PS 3Pinus Strnbus Eastern White Pine V-6 $5W $L500 TS 2 Tsuga Canadensis Eastern Hemlock 5'-G $500 $1,000 DW 3 Malus'Donald Wyman' Donald Wyman Crabapple 2" $550 $1,650 SN g Spiraea x bumalda'Neon Flash' Neon Flash Spiraea 3gallon $50 $400 PO 6 Physocarpusopul ifol I us 'Seward' Summer Wine Ninebark 3gallon $50 $300 HB HQ 6 2 Hydrangea paniculata'llvobo' Bobo Hydrangea paniculata'Quick Fire' Bobo Hydrangea Quick Fire H dran ea 3gallon 3 Sal on $50 $50 $300 SIOD Notes: landscape Schedule prepaired by Rick Rice of Earthscapes Inc. • REQUESTING A WAIVER FROM $12,100 TO $6,250 A5 JUSTIFIED 15Y THE PRESERVATION OF APPROX. L2 ACRES OF MATURE MIXED HARDWOODS + SOFTWOODS. EXISTING TKEE5 TO DE PRE5EKVED ARE PREDOMINANTLY HEMLOCKS, DUT AL50 INCLUDE WHITE PINE, MAPLE, DIRGH, A5H, ALDER, ETC. THERE ARE AT LEAST 50 TREES LARGELY HEMLOCK IN THE 12-24" DIAMETER RANGE (70'- HEIGH), WITH MANY MORE SMALLER UNDERSTORY TREES AND INSTALLATION OF APPROX. 1,030 LF OF SPLIT RAIL FENCE AT APPROX. G05T OF $10,500. GRAPHIC SCALE I IN FEET ) t Loch = 30 rL LAND5GAPING 5PEGIFIGATION5 ALL D15TURDED AREAS SHALL M 5TADILIZED WITH SEEDING AND MA.LHING PRIOR TO NOVEMDER I OF EACH YEAR. ANY DI5TUIDED AREAS 5HALL BE IMEDIATELY SEEDED AND MULCHED WITHIN 15 DAYS. MY WORK MFOKAQD AFTER OCTODER I OF EACH YEAR SHALL M 5TADILIZED WITH MACH OR WTTIIW SUFFICIENT TO PREVENT M0510M AND SHALL M IMEDIATELY SEEDED AND KEMU...CHED AS 500N AS WEATHER PERMITS IN THE SPRING. ALL D15TURDED AREAS 5HALL RECEIVE A MIN$" OF 4' OF TOPSOIL AND M SEEDED. FERTILIZED, LIAED. AND M CU P IN ACCORDANCE WITH THE FOLLOWING I. SEED MIXTURE IN ALL AREAS 5MALL ISE UKDAN MIX CQWO IIW TO THE TABLE SHDWN ON THE RM5. FOR 5EEDING DETWEEN 517TEADER I AND NOVEMII 1, WINTER RYE SHALL DE USED AT M APRICATION KATE OF 100 POUNDS PER AGII 2. FERTILIZER SHALL DE STANDARD GOM.ERGIAL GRADE C OKMING TO THE STATE FERTILIZER LAW AID TO THE 5TANDAt05 OF THE A550GIATION OF OFFICIAL AGKIULTURAL CHEM15T5. DRY FERTILIZER IF USED. 5HALL ISE APPI-IED AT THE RATE OF WO FOUNDS PER ACRE. LIQUID FERTILIZER IF USED. SHAH M AI IED IN A 1-2-1 RATIO WITH THE MINIMUM RATE TO INCLUDE 100 rOI.NDS OF NITROGEN, 200 POUNDS OF PHOXHATE. AND HOD POLRD5 OF POTASH PER ACRE EST 3. LIMONE SHALL CONFORM TO ALL STATE AND FEDERAL REGULATION' AND TO THE STANDARDS OF THE ASSOCIATION OF OFFICIAL AGRICULTURAL CH MISTS. THE LIME5TONE SHALL M APR IED AT A RATE Of TWO TONS PER ACRE OK A5 DIRECTED. a WITHIN 24 HOURS OF ARLICATION Of FERTILIZER, LIME AND SI THE SURFACE 51 LSE MILUEO WITH A HAY M1 MULCH SHALL DE SPREAD UNIFORMLY OVER THE MI AT A RATE OF TWO TONS 1Q AGREE OK AS ORDERED DY THE EN&INMIL UKDM MI% 6RA55 SEED Z MY WEIGHT LD5. LIVE SEED PER ACRE TYPE OF SEED 37] 45 CKEEfING KW FESCUE 3125 37.5 KENrVGKY DLUeMI 31.23 37.5 INTER HARDY. FERENMIAL 100 IX R LIVE SEED PER ACRE SS1111111// + ci OBCA OBCA 2 OBCA i`,• �� DWe� DWB FAAA 11111\/SSA I-=JO' 2 5TI ID TW15TED 12 GVAGE GAL.. WIRE ENCASED IN f DIA KUI HOSE D TO 31 2' X Y — HARDWOOD STAKES DRIVEN (MIN 161 F11 ILY INTO 5U I GRADE PRIOR TO DACI ILLIH WHEN REQUIRED (SEE NOTE e: STAKE ADOVE FIRST MANGHS OK AS NECIII FOR FIRM SUPPORT• STAKES SHALL DE CAPADLE OF 5TANDING FIRM FOR AT LEAST ONE YEAR FORM 4- 5AUCR UNDISTLRDED 3' MULCH - DO NOT AF Y MOUND TRUNK CUT AND REMOVE WIRE MtSH DAEOI ROPE AND/ OK DURM WRAF FROM TOP V3 OF ROOTDALL DAGKFILL WITH EXCAVATED SOIL 11111 11 `DKEAK MART EDGE OF MENDED WITH 5-ID-5 FERTILIZER III ATION W/SHKIVEL AT A RATE OF 10 FONDRANT MIX rm AND OLETD RMIX GUDIG YARD OF SOIL WATER AND 2 X DULL DNA. WITH EXI5TING SOIL T MP O TATO REMOVE AIR rOGKETS PROVIDE SOIL TRANSITION NOTE: I RANT TKEE 50 THAT TOP OF ROOT DALI 15 EVEDE N WITH THE FINISHED GRA 2. STAKING AS REQUIRED ONLY IN SITUATIONS WHERE TREES WILL DE 9I11 TO WADY CONDITIONS AS DETERMINED DY THE PROJECT LANDSCAPE ARCHITECT. 3. TREES SHALL M 6UMANTEED FOR A PERIOD OF TWO YEARS AFTER FLAMING. 4. EXAMINE ENTIRE TREE AND REMOVE ALL NURSERY TA65. ROPE. STRING AND SURVEYOR THE PRIOR TO PLANTING TO PREVENT GIRDLING. TREE PLANTING NTS JUL 2 1 2016 City of So. Burlington WKEI ED PER 7/21/I05 LETTER TO CITY DWD 0 0 FMRNARr GAIZDNER PARCEL e z 2016 1111111 re1"` 13 9tE1Oj ` A 1 LOT, 6 UNIT PRO ''0Ar 2012-20 ONLEARY-BURKE ODRIEN DKIVE SOUTH 15UI INGTON, VT CIVIL ASSOCIATES, PLC o,2-20-56 sltti r l "o LAND5GAPE PLAN 2 i Z O H c� Z J m O to U) J J LLJ O LLJ LO Z 0_ d w J M LLJ Z O Z 0 C) D 0 O d LL1 0_ ry Q (n In F- 1 s• t N/F KENT & JACQUELINE STEVENSON (LOT #22) , / TRUE ZMPIPE ooslnNORTH PROPOSED TOANDCOURSE 20ft. WDE EASEMENT, TYP. /ACCES /UTILITY EASEMENT AREA ON LOT 1 IN FAVOR �OF THE GARDNER &SONS DEVELOPEMEN CORP.L�� DIMENSIONEENSIONE SITE LOCATIO CID V I 1 I I� 1 I \ I I I \ DONGYANGF ZHANG j 79.3p W I s 79•30 17-19 LILAC LANE E I (LOT # 1 0) / 28 N 9.30• W N \ 3 28' PROPOSED TRIPLEX ANDREW & N/F HAAG �o W EXISTING DUPLEX, UNITSI N 2914' 80• n I n 37A & 37B BIRCH ST.I - $ 4' I• �\ / o C •oi 3 w i I3 29 E N IN 11 II 1 N/F CA RY & JOANNE SMITH 1751 EE 1 _ S � 8Z17'18• E ...._, ..N 75•gJ. W J w n 0 Spk.7 N/F I I'5630• E ANN & DONALD IRISH I + PROPOSED NEW 3' WIDE FOOTPATH COURSE \+ ijWITH 5' WIDE EASEMENT (FLOATING) AND CENTERED ON FOOTPATH 59'0t�q��J\2 I easement Q_ Spk.13 x _ x - x _ x _ EXISTING 15' CMP 81.49•,3D x-x_ I < PROPOSED (RELOCATED) FOOTPATH S 81 y�PROPERTY OF GARDNER & SONS DEVELOPMENT CORP. , ?ateh �JLIMITED COMMON AREA FOR THE 2.16 ACI< BENEFIT OF UNIT p3, SHOWN HATCHED\ 120ft. WIDE (TYP.) ACCESS 1 I DRIVE 0 RESIDENCE & TRIPLEX � 1 I LEGEND • IRON PIPE FOUND QQ REBAR SET (R.L.S.#538) O CALCULATED POINT A SURVEY POINT PROPERTY LINE EASEMENT/R.O.W. FOOTPRINT LOT ZONING SETBACKS DRAINAGEWAYS WETLAND BOUNDARY WETLAND BUFFER LIMIT "EEB!/ED JU 2 1 2016 City olSo. Burlington I Z o o, is W Iy TO THE BEST OF MY KNOWLEDGE AND BELIEF THIS PLAT IS BASED o o cO ON INFORMATION ABSTRACTED FROM THE LAND RECORDS IN THE TOWN OF \ / w I / SOUTH BURLINGTON (DEEDS AND OTHER OFFICIAL RECORDS). ALSO ALL (LOT # 1 1) I = I H o ' a o 1 PHYSICAL EVIDENCE IN THE FIELD INCLUDING PAROLE EVIDENCE ACQUIRED 28 2 ,� I FROM THE SURROUNDING LAND OWNERS. / I THE BEARINGS ARE MAGNETICALLY OBSERVED WITH A SUUNTO COMPASS. S 7930 E N 783p;- / L THE SURVEY WAS DONE WITH A 80;.- E TOPCON EDM ACQUIRING A 1:50,000 POSITIONAL TOLERANCE. / S CLOSED RANDOM TRAVERSE USING A 7g 30 E / / H r14, ; THIS SURVEY CONFORMS TO 27 VSA 1403 REQUIREMENTS. TYPICAL FOOTPRINT LOT METES & BOUNDS / / 50.00 \ W S A i �*`" DAVID A. TUDHOPE § PZ 77 w13 �' _ �• _ _ \ _ / \ \ / - 1 74 CAYUGA COURT ^ y' aA _ _�V®•►� i / / \ BURLINGTON. VERMONT 05408 TELE.: (802) 862-9360NO Avlo- _ s , dtudhope®ool.com REGISTERED LAND SURVEYOR 538 '$.�c�`• SITE TECHNICIAN B # 230 21 JULY, 2016 30 0 15 30 60 SOUTH BURLINGTO!� SCHOOL DIST. Sp�10 Town of South Burlington SUBJECT PAR ' N F SWPROJECT Received for record----�.-_ / 2016 Map Slide__________ 2 GLEN MOODY �.1 6 DRAWN DArdner & Sons At --------O'clock _______Minutes OWNERS OF RECORD - ATTEST: D.P.C. 03 and Recorded in South Burlington, Vermont ' ment Corp. 9 GARDNER & SONS APPROVED DA________—_________Town Clerk DEVELOPMENT CORP. & Birch Drs. VOL.1223 PGS. 22 D.A.T. urlington, Vt. PARCEL I.D.#0230-00039 ' SCALE SHT NO.> " =30' 1 J i 2� l � S v . rS �2�1 ��-r� !J 1��/GL6 Pr7r✓r�� 2Ev� E�J ��c42+� ,(�r3u C (-f-�/�rZ/ � of APPROXIMATE LOCATION OF EXI5TING HYDRANT 1 3 KENT + )AcQuELiAE ' STEVENSON I I ITI I EXI5TING SINGLE 1 Z FAMILY HOME APPROXIMATE I O LOCATION OF EXISTING WATERMAW 70 I < 1 I PROPOSED 51NGLE 1r \\ EX15TIh 3 FAMILY HOME 127' WIDE X 53' DEEP 3' PATH // \ FOOTPRINT LOT) \ 1 n L tvDSGa.� S�rAc s CFes„ �,,�,�-� ti�PN' �., ►-rN 1 � W � o �1X • � - � - - ��- _'� = -�= �"'r`= _ - _ _ - 5 ^ q� ^ J/z _ _ GLA55 2 WETLAND PER Slt`/E(Zt YIP6S'G �`'�� s' v✓� / 3/ +" / s Y /T 1 _ _ _ _ -- —OCT. 2, 2013 SITE VISIT __ WITH JEFF 5ERVER50N + --DEC. Y 2013 SITE VI51T y WITH DANIELLE OWGZAR5K1 EXISTING ACCE551UTILITY EASEMENTAL 3 "\ I \\\ \\ \ \� •1 ^��„�•�� ••'�•••J• / • AREA TO GARONER PARCEL y. (EASEMENT AREA RUNS ALONG \ �� \\ \�-� EXI5TING PARCEL NORTHERLY SIDE OF CEDAR HEDGEI�a \ 2.16 ACRES / TING JIS I �ETLAND\, 41114 �EXISTIN&ARE5ERVED / 1 c = TREEL INE as T "I I II \ 4 m lI I ! I _314�� PROPOSED TRIPLEX PV5I0EN ZONING PROP05ED CEDAR i ' ` �; / -- PARKS ANC HEDGE. MIN 6' HIGH ZONING i No Text Gardeners Supply Williston 472 Marshall Avenue Williston, VT 05495 802-658-2433 Bill To: KENT & JACKIE STEVENSON 17 OBRIEN DR SOUTH BURLINGTON, VT 05403-6324 802-658-5049 Reference: Landscape Screen Comment: Landscape Screen Ship To Quote Quote #: 9479 Account #: 152358 Page: 1 of 1 Date: 6/30/2016 Time: 12:14:58 PM Cashier: KarlonA Register #: 5 KENT & JACKIE STEVENSON 17 OBRIEN DR SOUTH BURLINGTON, VT 05403-6324 802-658-5049 Item Description Quantity Full Price Price Extended 61-939 SPRUCE COLORADO BLUE 6' 3 $349.99 $349.99 $1,049.97 Picea pungens 'Glauca' 6' 32998 INSTALL EVERGREEN 6' 3 $180.00 $180.00 $540.00 32658 DELIVERY 10MILE 1 $55.00 $55.00 $55.00 PLANT/HARDGOOD j Thank you for shopping Sub Total $1,644.97 Gardeners Supply Williston Sales Tax $77.35 Please come again! Total $1,722.32 Please Note: Clearance Plants Not Guaranteed J Change Due $0.00 9479 theOther Paper - otherpapervt.com - July 14, 2016 - 19 art 35mm SLR camera body, 302-865-4491.(07/14) iEHOLD GOODS: Dining table & 6 high back uphol- t chairs, $465 OBO, Office ,tool, 2 arm chairs & rug, $265 sold separately. 2 rose col- .pholstered matching chairs, ch. 2 white two seat uphol- matching sofas, $75 each. ;reen standing Sony 42" TV, tyDVD, & DVR/DVD cabinet, Glass mirrored rectangular table, $45. Glass mirrored Led three drawer chest, $160. ver cherry wood bureau with ,e mirror, $55. Photos avail- 02-999-0625. (06/30) is Golf Gift Certificate, Bur- n Country Club, 4-person of golf with 2 carts, $600 val- :ing $400. Schwinn 10-Speed e, very nice condition, $85. i4-0319.(07/14) S: Basketball stand-up net and -filled, 2-wheeled (for mo- base, good condition, plenty left, regulation height, needs up to haul it, $30. 4-Blizzak 1-wheels, & 4-wheel covers, 3san Sentra, $100 for all. 802- M evenings. (07/14) is Air Conditioner, portable, ,ne summer, includes remote anual, paid $300, asking $200. i3-0176.(06/30) W STUFFING: New, unused, of stuffing in 2 large plastic 620. 802-658-5435. (06/30) A service for ith Burlington residents. from South Burlington residents for Is for Sale, Free Items, Tag Sales, led Items, Found Items, Lost Items I Vehicles For Sale will be printed weeks, free of charge, on a space iilable basis, Service, Real Estate Sale by Owner or Real Estate for nt ads cost $20 per week. Make Bcks payable to The Other Paper mail to 1340 Williston Road, South ington, vT 05403. Paid ads do not until payment is received. Submit online at www.otherpapersbvt.com, I to the above address, or email to assifieds@otherpapersbvt.com. �e, address and phone number are quired for residency verification. 1-Wi4c No tices P 11 b PUBLIC HEARING SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD- 0 P.M. to consider the following: ninary & final plat application #SD- 16-15 of Gardner& Sons Development Corporation for a ied unit developmentto further develop a 2.16 acre parcel developed with a two (2) family dwell- multi-tamrty ctwemng, U'Brien t)rrve'. HI -TECH ELECTRICAL ENGINEER well -versed in embedded system design (FPGAs, low power processors, DSP) or board layout (high speed signals, image sensor) OPTICAL ENGINEER focus on imaging systems, lens design, modeling, microscopy, lithography, diffractive optics & lasers ALL-AROUND GENIUS in research, design, prototyping & integration CREATIVE MICRO S Y S T E M S U MAD R IVE R VALLEY VERMONT Executive Director The Mad River Valley Chamber of Commerce (Duxbury, Fayston, Moretown, Waitsfield, and Warren, Sugarbush, Mad River Glen) seeks dynamic, high-energy person. Responsibilities include recruiting members, marketing economic vitality utilizing various media. Develop and executing annual work plans, budgets, directing staff and volunteers, regular board communications. Academic credentials (bachelor's preferred), proven leadership, excellent communication, organizational and influence skills required. For full job description see madrivervalley.com etailc nn to hfM //mn nthaman _ Competitive salarv/ benefits. Send resume and cover CITY OF SOUTH BURLINGTON CERTIFICATE OF SERVICE I hereby certify that on this 17th day of June, 2016, a copy of the foregoing public notice for Preliminary and Final Plat Application #SD-16-15 was sent by U.S. mail, postage prepaid to the owners of all properties adjoining the subject property to development, without regard to any public right-of-way, and including the description of the property and accompanying information provided by the City of South Burlington. I further certify that this notification was provided to the following parties in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations: List of recipients: Donald & Ann Irish 33 Birch Street South Burlington, VT 05403 Cory & Elizabeth Rossetti 18 O'Brien Drive South Burlington, VT 05403 Kent & Jacqueline Stevenson 17 O'Brien Drive South Burlington, VT 05403 South Burlington School District (c/o John Stewart) 550 Dorset Street South Burlington, VT 05403 Kent & Jacqueline Stevenson 17 O'Brien Drive South Burlington, VT 05403 Gardner Construction, Inc. 20 O'Brien Drive Unit A South Burlington, VT 05403 Dongyang Zhang 20 O'Brien Drive Unit B South Burlington, VT 05403 Andrew & Angelia Haag 22 O'Brien Drive South Burlington, VT 05403 Timothy Fluck 17 Lilac Lane South Burlington, VT 05403 Andrew Corologos 23 Lilac Lane South Burlington, VT 05403 Timothy Voight 33 Lilac Lane South Burlington, VT 05403 Sandra Loyer 34 Lilac Lane, Apt. 2 South Burlington, VT 05403 Michael Dupont 39 Lilac Lane South Burlington, VT 05403 Donna Jacobs 44 Lilac Lane South Burlington, VT 05403 Jeffrey & Ellen Grimes 49 Lilac Lane South Burlington, VT 05403 Gordon & Dorothy Wilkins 215 Crossfield Drive Colchester, VT 05446 Satyadeep Vajjala 13071 North Pennsylvania Street, Apt 2 Carmel, IN 46032-5410 Noni Stuart 69 Lilac Lane South Burlington, VT 05403 William & Caroline Edmunds Life Estate 70 Lilac Lane South Burlington, VT 05403 Laurie Gagne 74 Lilac Lane South Burlington, VT 05403 Keith & Marjorie Wallace 75 Lilac Lane South Burlington, VT 05403 South Burlington Sample Certificate of Service Form. Rev. 1-2012 Patricia Myette 85 Lilac Lane South Burlington, VT 05403 Christopher Hurd 91 Lilac Lane South Burlington, VT 05403 Glen Moody 20 Woodcrest Drive South Burlington, VT 05403 Dated at Essex, Vermont, this 17'h day of June, 2016. Printed Name: Daniel J. Heil PE Phone number and email: -999 l• dhe' (a)olearvburke.eom Signature: -°`- ° Date: Y11AA16 Remit to: City of South Burlington Department of Planning & Zoning 575 Dorset Street South Burlington, VT 05403 South Burlington Sample Certificate of Service Form. Rev. 1-2012 \J 0- APPROXIMATE 3 rn LOCATION OF V' EXI5TING HYDRANT II 1 SENT ♦ JACQUELIME M "{TEVEN50N I z / N/F APPROXIMATE LOCATION OF EXISTING \�l� 1 WA TERMA IN rORTION OF -' G EXISTING STORM / T�T'1 `1 PIPE TO BEI� / 1 REMOVF�L'1 3 5MH EX$ I R IM•31L?5 I I 6" NV. IN•306.95 8" INV OUT•306.85 ' PROPOSED - SIDEWALK r I / I� 1 S 1 U CONNECT NEW 2" GOrmR / SERVICE VIA BORE UNDER 41+ J ROADWAY RIM 3112 / 15" INV. IN•303.7 15" INV. OUT•303.6 EXI5TIN& 6" SDR35 + SANITARY SEWER SERVICE ' VI ORYZAB0%N/F � I / 1 / / I/ GB ii R IM•3120 IS" INV. IN•30276" IS" INV. OUT•30266" WA SERVICE 11 / IS" SOR 35 X � %/ / 83 LF 5-0.OII" SNOW EXISTING AGGE55/UTILITY EASEMENT STORAGE AREA AREA TO GARDNER PARCEL IEA56MENT AREA RUNS ALONG NORTHERLY 51DE OF CEDAR HEO&EI I / NO PARKING 516NAGE / / O 1 I EX G SIN LE So// Types / \ S \\ \ _ 1 I 1 -1 r I (--\ FAMILY HOME / � I a 5MH iI Ad4 AD ANS AND WIIDSQt LOAMY 5AND5. o-51 SL 5 lo.n ACRE% \ / R IM•3122 /\ AdE ADAYS AND Wilds LOAAIT SANDS. 3 -6OZ SLOPES 5.62 AC 1551 , / _.lO EXIST. 6" 5%0-307.5+ l \ EWA ENOSdMG AND WFIATELY SOILS. 2-6[ SLOPES (5.62 AGREW /\`I `• 1 PROP. 4" INV IN•30770 1 1 13 PROr. 6" INV. IN•30770 1 III m EXIST 6" V. OUT•3075s I ��„-- --- 1 <` / (CONTRACTOR SHALL VERIFY ACTUAL SANITARY 1 1 I 1 = > STUB ELEVATION AND CONFIRM WITH ENGINEER PRIOR TO ORDERING 5TRUGTUKE) I PRIVACY FENCING PROPOSED SINGLE ISEE BUILDINGDONALD + ANN IRI5H ELEVATIONS) �\ 1 1 -AI / FAMILY HOME \ N/F (26' WIDE X 53' DEEP 5" 50R 35 X 60 LF FOOTPRINT LOT) FFE•314.0 /' / GB I? I \ \ \ \ \ \ EXISTING 5" CAP / �1\ EXISTING FENCE ' KIM•310.0 PROPOSED 3' FOOTPATH WITH 5' \\----- �^ TO BE RELOCATED l\ \ 15" INV. IN•30206 \ -- TO PROPERTY LINE \ EXIST. 15" INV. OUT•30L8 �\ WIDE EASEMENT (FLOATING) AND __310----- 1 \ \ CENTERED ON FOOTPATH 1 L!Y APPLICANT - \ n \ - _ EXIST. 5" RE X 23 LF PROPOSED 3' _ / EXISTING _ 5.0.012 HIGH SPLIT 3. P FHA RAIL FENCE _ E roW313.73 _"�- FFE•314.85 I �'' ���_-30rJ-�\- \\ CONTRACTOR SHALL CLEAR OUT , _ /h DEBRIS ADJACENT TO EXISTING -2�5 `•\ \ I e�\\ \\'.\\\\\I STORM OUTLET BY HAND l T '� \ /-7 - _PROPOSED -- •� 1�Y _ I 20' STORM _ CLASS 2 WETLAND PER ��� - Kor� WIDE \ \\ _-,EASEMENT --- -OCT 2. 200 SITE VISIT /� WIDE I \ \ \ \ ) AdA \ _ WITH JEFF SEVERSON ♦ /� I ,/ 5TORM \" T - DEC. 9, 2013 SITE VISIT L_ L_ lJ L_ 1 V L/ _mNp caNroLR - MA_ae PROPOSED FINISH GRADE CONTOUR mo.,EGT OOIRDARY AOUTTIAK rROrERTY LIK ,A_Ie T SETDACR SOIL DOI.PDARY O IXISTIN6 IRON r1m IX15r_ 5TORAR.IK S IXISTIA'G SEWERLIK 5 PROIOSEO SEwERLIK - -W- IXISTING WAIERLIK rROPOSFD wATERLIK ernTAe � PocE exnrwm wre PercE SILT FENCE ",sr- CEDAR HEDGE 1Or05m CEDAR 110JGE ® EXISTR.G WRDR.G AREA rROPOSm DUILDIA& AREA I•ROrOSm PAVq DRIVEWAY \ \ Z \II _WITH DANIELLE OWGZARSKI \ \ , PROPOSED ?C1' \ EXIST SHARED AGGE55 \ INV- 30L5+ V-j0 \ \ii^ ,DRIVEWAY \ �\ �•. J `.. \ jN•38\7/ \ C \\,.1I' 'mac. ,313-�// \ PROPOSED 22'X24' \L � '"-�'-/41, / /DETACHED GARAGE \ 'r / / ARAGE•314.0 \ PROPOSED KA I5EDG� \ . r() \ \�\ \ � (>�RDEN ,BEDS \'•. \ /% / / /, /- -__- � I /� \ / 2.i6 PROPOSED DRYWELL \� // ' / I I / / - ` I [ \ / \ TOP ETA- i / 1 l l l /' / --- 1 \ I ISEE DETAIL ON \,\ \ •� �/ � I I I I I /� SHEET 3) \NO PARKIN& / \ ' / I7191 L� •} LANE SIGNAGE / AdE / l I / --�' •, "AT /. / 111 4 135 \ \ \ show I EwA l _ J1.J4 \ \ \STO(\ Al 1 G/ iT s, . \ \AR� \' EA RAGES\ EXISTING \ \ L " \ \ CEDAR INV io-v \ \\\\�\� \� \\ \�... HEDGE \ \ - \ 2" TYPE X" COPPER 1 t_ WATER SERVICE \\ I I / .,.1 I \ )I N�I \ \ ( 1 PROPOSED 6" SOR 35 \ �.•� I \ 1\b 1 1 XI5TIAk4 M).LER 1 rVG SEWER 5ERVIGE \ I I 1 FO(;'TrRINT 01`429' 5.0.01 \\ \1' ' ✓�• \1 i \I \JI O O 11 50� I-J" TYPE 'K" 1 1 I \ \ \ N i\ 1 N o \ 1 II EX / O X DEEP-- 1 � FOOTPRiFJ � kOF1- - - I�---\\ COPPER WATER S \ \ \ \ 1\'�b\ o to o 1 1 \ \\\\V EXI571Nv Wry' a SERVICE W/ \ \ \ 1 \ \ 1 AL IV 1 !` GU40 STOP - , ♦ / W31 I I I I ` 1 \ , 1 1 / A J15.5 - -r I / I \ II I I 1 /.• I \ \ \ - __ ii / 1 29' WIDE X 60'�L- �i\ I 1 DEEO FOOTPRINT - I I I / PROrO5ED DRYWELL I- \ \ \ LOTS I 1 v. TOP • 313.0 11 \ \\ 50' WETLAND ISEE DETAIL ON `/ \ / / BUFFER, 1 I \ \ 1 1 SKEET 31 \ \ GARAGE•315.5 / u NANGY FAWLEY \ I \ JTOW316.5 \ 1 \ I I 1 I i \ \ I \ FFE•317.6 i N/F \ I �" \ I INVI•djIU.6 / 1 I / i I •.\ \\ \\ / -_-�'- L / /i DONGYANG ZHANG 1 6 I l ' � ,Pkb4osEb 3'/ l 1/ : I + NGELIA HAAG \ N/F 1 I I 3\6 /HAJL FSPLIT / 1 ANDREW A N/F If1<IlL HNGE� I !SEASONAL ` ?C) OBRIEN COURT LOT GOVERAGE� PROPOSED TRIPLEX I - \ 1 _ _i I - 1/ J/ / / I DRAINAGEWAI'\ PL6Z BUILDING COVERAGE SHALL INCLUDE A I \ _ _ /0 )5 / / -- ALL 31.5Z TOTAL COVERAGE- \ RESIDENTIAL L - i--- , ;/ ///INV•.j LO / /:' l\ \\ \------_i SPRINKLER SYSTEM \\ PR0P05EO CEDAR \\\ KEDGE MIN HIGH���I / IMV-31P.2-=J14''� f_ 'INSTALL 51LT�FENGE PRIOR TO / RE5 IDENTIAL DISTRICT __---- �- p15 Sanitary Computations INVERT ELEVATIONSI LENGTH I SLOPE From I TO I Upper End I L-er End I Feet I FeeVFeet SDR ,CONSTRUCTION AND MAINTAIN ZONING / - - - UNTIL ALL DISTURBED AREA //i IS STABILIZED -RECREATION 1 )IZOR //'/-.1��'- _ /�� .:�� 1 PAR ZONING pI57RIGT I 1 '/ GLEN MOODY / N/F 1 �/ \ I 1 InOhM �l l ll l/ ��' .�� �� �� -� /' SOUTH BURLINGTON ."'. l B 1 / ' •>�, '�� ?8 WIDE X 60' SCHOOL DISTRICT I / / DEEP FOOTPRINT LOT - - - - _ _ _ - ` N/F GRAPHIC SCALE Ownef/A,op//cant THE CONTRACTOR SHALL NOIIFY'DIGSAFE- AT GARDNER + SONS DEVELOPMENT GORP 1-BBB-DIG-SAFE PRIOR TO ANY EXCAVATION. &A )NERLAKI+ORE DRIVE ( IN F'EECf ) min = zD rL GOLCHE5TER, VT 05446 val _ Location Plan Sll[ Ih BuiliiA,�l[vJ Vr FEts Zoning /171.01 ration PARCEL 104� 0230-00039 AREA 2.16s ACRES TOTAL (NOT INCLUDING EASEMENT AREA) ZONED RESIDENTIAL 4 IR4) DIMENSIONAL REQUIREMENTS, MINIMUM LOT AREA: SINGLE-FAMILY 9,500 5F TWO-FAMILY: 12,000 5F MULTI -FAMILY: 6,000 5F/UNIT 5ETDAGKS- FRONT; 30 FT 5IDEz 10 FT REAR 30 FT GOVERAGE- MAXIMUM LOT COVERAGE: 40% PROPOSED: 19.3x (20.2x INCLUDING AGGE55/1.)TILITY EASEMENT AREA) MAXIMUM BUILDING COVERAGE: 207 rROP05ED: 9.Ix w8x INCLUDING AGGE55/UTILITY EASEMENT AREA) UTILITIES - WATER: MUNICIPAL C.ONNEGTION SEWER: MUNICIPAL CONNECTION PLAN SHEET LIST Sheet I Site Plan Sheet 2 Landscaping Plan Sheet 3 Storm & Erosion Control Details & Specifications Sheet 4 Driveway, Water & Sewer Details & Specifications PL Property Plat %Z10-1 City of So. Burlington I) THI5 PLAN 15 NOT TO BE USED FOR rKOrEKTY CONVEYANCE. PLEASE SEE PROPERTY PLAT PREPARED 15Y DAVID A. TUDHOPE, DATED 3/21/16, FOR PROPERTY CONVEYANCE PURPOSES. AA�� 11 t qrA d �•c� ' COCA ATmo ORA«em O wmaelwT 0 - ED sxErtN/6u�vnr 6e OCOCA O LEARY-BURKE IV1L _ AIIII fI tt,A a� Drill 1._pt), CIVIL ASSOCIATES, PLC &ARDNER PARCEL A I LOT, 6 UNIT MD O'DRIEN DRIVE SOUTH DURLIN&TON. VT SITE PLAN I 1 1 APPROXIMATE LOCATION OF EXI5TING HYDRANT 1 O 3 KENT + JACQUELINIF STEVENSON 79 N/F I I Z APPROXIMATE I 0 LOCATION OF � EXI5TING WATERMAIN EXI5TIN& ACCE55/UTILITY EASEMENT' AREA TO GARDNER PARCEL (EA5EMENT AREA RUNS ALONG NORTHERLY 510E OF CEDAR HEDGEI Landscape Schedule Key Quantity Botanical Name Common Name Height/Size Unit Cost ITotal Cost AB 2 Abies Balsam- Blasam Fir Y-F $500 S11000 PS 3 Pinus Strobus Eastern White Pine 5'-V $500 $1,50) TS 2 Tsuga Canadensis Eastern Hemlock 5'-V $500 $1,000 DW 3 Malus'Donald Wyman' Donald Wyman Crabapple 2" $550 S31650 SN 8 Spiraea, bumalda'Neon Flash' Neon Flash Spiraea 3gallon $50 $400 PO 6 Physocarpus opuhfohus Seward' Summer Wine Ninebark 3gallon $50 $300 HB 6 Hydrangea pammlataWobo'Bobo Bobo Hydrangea 3gallon SSO $300 HQ 1 21 Hydran ea pan icu I ata 'Quick Fire' jQuick Fire Hydrangea 3 allon $50 $100 TOTAL COST $6,250 Notes: landscape Schedule prepaired by Rick Rice of Earthscapes Inc e REQUESTING A WAIVER FROM $12,100 TO f6.250 A5 JU5TIFIED DY THE PRESERVATION OF APPROX. 1.2 ACRES OF MATURE MIXED HARDW0005 r SOFTWOODS. EXISTING TREES TO DE PRESERVED ARE PREDOMINANTLY HEMLOCK5, BUT AL50 INCLUDE WHITE PINE, MAPLE, DIRGH. A51-1, ALDER, ETC,. THERE ARE AT LEAST 50 TREES LARGELY HEMLOCK IN THE 12-24 DIAMETER RANGE (70'+ HEIGH), WITH MANY MORE SMALLER UNDEK5TOKY TREE5 AND INSTALLATION OF APPROX. 1.030 LF OF SPLIT RAIL FENCE AT APPROX. 47-05T OF $10.500. GRAPHIC SCALE I>b SIN FECT ) 1 h - 30 It LE&END rROJEGT BOUT 1 OTHER MOIXTY LINE 353---- EXISTING CONTOUR LINE i' '{; rKOrO5ED CIMTOMR LINE ® EXISTING IRON rIM OEXISTING GONGRETE MONUMENT IRON rlrE (TO DE SETT CONCRETE MONUMENT (TO DE SET) ON EXISTING ELEC.TRIG/TV/TEl.ER10NE LINE - - rKOrO5ED EASEMENT LINE - — LIMIT COMMON AREA - - - - - - - - FOOTrKINT LOT DOUDARY EXISTING/MICKVED TREELINE PROPOSED EVERGREEN TREE OMOPOSED DECIDUOUS TREE • rROPOSED 5HKUD EXISTING DUPLEX FOOTPRINT LOT 129' WIDE X 50, DEEP FOOTPRINT f•r" \ OlT, PROPOSED TRIPLEX RE5IDENTIDA gTRIGT / ZONING NDeGr ATION 1 PARDONAING D STRICT 1 / LANCSCAPINC-7 5PECIFICATION5 All. 015TUR15ED AREAS SHALL DE STADILIZED WITH SEEDING AND MILGHING rKIOK TO NIOVEMDEK I OF EACH YEAR. ANY D15TURIED AKEA5 SHRILL DE IMMEDIATELT SEEDED AND MULCHED WITHIN D DAYS, ANY WORK MKFOKMED AFTER OGTODEIt I OF EACH YEAR SHALL DE STABILIZED WITH MULCH OR NETTING SUFFICIENT TO PREVENT EROSION AND 5HALL DE IMMEDIATELY 5EEDED AND KEMLLGHED A5 SOON AS WEATHEK PERMITS IN THE SPRING. All. DISTURBED AREAS SHALL RECEIVE A MIN061-M OF 4" OF TOPSOIL AND DE SEEDED. FERTILIZED. LIMED. AND MULCHED IN ACGOKDANCE WITH THE FOI-LOWINGt I. 5EED MIXTURE IN ALL AREA5 5HALL M URBAN MIX GONFOKMING TO THE TABLE SHOWN ON THE RAN5. FOR SEEDING BETWEEN SErTEMDEK I AND NOVEM15M 1. WINTER RYE 5HAL1- DE U5ED AT AN ArPLIGATION KATE OF 100 rOIUNOS MIK ACRE. 2. FERTILIZER 5HALL DE STANDARD GOMEXGIAL GRADE CONFORMING TO THE STATE FERTILIZER LAW AND TO THE STANDARDS OF THE ASSOCIATION OF OFFICIAL AGR IGU_TUKAL GHEAnST5. DRY FERTILIZER. IF USED. 5HALL DE APRIED AT THE RATE OF 500 rOUNDS MR ACRE. LIQUID FERTILIZER. IF USED. 5HAL1- DE AMLIED IN A 1-2-1 RATIO WITH THE MINIMUM RATE TO INCLUDE 100 raMD5 OF NITROGEN. 200 rou D' OF H1051i'1ATE. AND 100 POLN05 OF MTA5H MR ACRE. 3. LIME5TONE SHALL CONFORM TO ALL 5TATE AND FEDERAL REGULATIONS, AND TO THE 5TANOAKD5 OF HATHE ASSOGIATION OF OFFICIAL AGRIGULTIARAL CHEMISTSNE . THE LIME5TO 5LL DE AfrLIED AT A RATE OF TWO TONS MA ACRE OR AS DIRECTED. 4. WITHIN 24 HOUR5 OF AMLIGATION Of FERTILIZER. LIRE. AMC) SEED. THE 5URFACE SHALL BE MULGIED WITH A HAY MU.GH MULCH 5HALL DE S EAD UNIFORMLY OVER THE AREA AT A RATE OF TWO TONS PR ACRE OR AS ORDERED DY THE ENGINEER. IIRDAN MIX GRASS SEED I.DS�LIVE SEED Z DY WEIGHT rTrE OF SEED 37.5 45 GR`E•ING RED nl- 3125 37.5 KENTUCKY 0LIJC&KA55 WINTER HARDY, rERENNIAL 31.25 37.5 KYE 100 110 a LIVE SEED PER ACRE 2 STRAND TW15TED 12 GUAGE GAL, WIRE ENCASED IN r DIA. RUDDER HOSE 12 TO 31 7 X 2- HARDWOOD STAKES DRIVEN WIN. Itil FIRMLY INTO "- GRADE rRIOR TO DAGKFILLIIIG, WHEN REQUIRED 15EE NOTE 02, STAKE ABOVE FIR5T MANG445 OR AS IEGE55ART FOR FIRM SVX ORT+ 5TNI E5 SHALL DE GArADLE OF STANDING FIRM FOR AT LEAST ONE YEAR FORM 4' SAUCER 111DI5TUROED SOIL TREE TRUNK 3' MULGH - DO NOT ABLY AROUND TRUNK GUT AND REMOVE WIRE HE5H BASKET, ROPE AND/ OR DURLAr WRAF FROM TOr 1/3 OF KOOTDALL DAGKFILL WITH EXCAVATED SOILS IL, - �DREAK APART EDGE OF AMENDED AMEED W5-10-5 FERTILIZER EXGAVATION W/SHOVEL AT A RATE OF D POLND5 MK AND DLEND RANT MIX G1DIC YARD Of SOIL. WATER AND 2 X DALL DIA. WITH EXISTING 501L TO TAMr TO REMOVE AIR POCKETS PROVIDE SOIL TRANSITION NOTE t PLANT TREE 50 THAT TOr OF ROOT DALL 15 EVEN WITH THE FINISHED GRADE. 2. 5TAKIN6 A5 REQUIRED ONLY IN SITUATIONS WHERE TKEE5 WILL DE SUBJECTED TO WINDY CONDITIONS AS DETERMINED DY THE PROJECT LANDSCAPE ARCHITECT. 3. TREE5 SHALL DE GUARANTEED FOR A PERIOD OF TWO YEAR5 AFTER RANTING. 4. EXAMINE ENTIRE TREE AND REMOVE ALL NURSERY TAGS. ROPE. STRING AND SLKVEYOR TAPE PRIOR TO RANTING TO PREVENT GIRDLING TREE PLANTING OBCA o - -- C3 Nw4eaRr 0 - 13 slaleiv , BA OTL.EARY-BURKE IV, IVIL ; DJ" CIVIL ASSOCIATES, PLC DWB i l rJ 'aw'urernNE AEII1111\A NTS �.�-1\/ D JUN 0 8 2016 City of So. Burlington e+ GARDNER PARCEL cz2D A I LOT, 6 UNIT PRD 'OBE 2012-2 O'BRIEN DRIVE SOUTH DUKLINGTON. VT 012-2C LANC)5GAPE PLAN 2 I MULCHING 5PEGIFIGATION5 DISTURBED AREAS AKE TO DE MULCHED WITHIN A WEEK OF 015TURDANGE. HAY MULCH 5HALL DE SPREAD UNIFORMLY OVER THE AREA AT A KATE OF TWO TONS PER ACRE OR AT A KATE THAT 15 51LAFFIGIENT TO PROVIDE ADEQUATE COVERAGE. WITHIN 45 HOURS OF FINAL GRADING. THE EXPOSED 501L MUST DE SEEDED AND MULCHED. SNOW MANAGEMENT PLAN FOLLOWING THE ACC.UM,LATION OF ANY $NOW FALL EVENT WHICH GENEKATE5 MORE THAT Y OF SNOW OR ICE THE SITE SHALL DE CLEARED AND ALL MORE AND ICE STORED IN THE IDENTIFIED SNOW STORAGE AREAS ON THE EPS- CONSTRUCTION rLAN5. ALL SNOW STORAGE AREAS SHALL DE DOWN GRADIENT OF ANY DISTURBED AREAS AND THE STORAGE OF SNOW IN 5TORMWATM TREATMENT STRUCTURES 15 PROHIBITED. WINTER GON5TRUGTION REQUIREMENTS l ALL WORK SHALL ISE IN ACWKDANKE WITH THE LOW K15K SITE HANDBOOK FOR EROSION PREVENTION AND SEDIMENT CONTROL. 2. FKOVIOE ENLARGED AGGE55 POINTS, STABILIZED TO PROVIDE FOR SNOW STOCKPILING. 3. A MINIMUM M FT DUFFER SHALL DE MAINTAINED FROM PEERIMETER CONTROLS SUCH AS SILT FENCE 4. DRAINAGE 5TRUCTIUKE5 MUST DE KEPT OPEN AND FREE OF SNOW AND ICE DAMS. S SILT FENCE AID OTHER PRACTICES REQUIRING, EARTH DI5TURDANGE MUST OE INSTALLED AHEAD OF FROM GROUND. 6. MULCH USED FOR TEWOURY STABILIZATION MUST DE APPLIED AT OOIALE THE STANDARD KATE, OR A MINI" OF 3 INUE5 WITH AN 6o-90Z COVER 7. TO ENSURE COVER OF DISTURBED SOIL IN ADVANCE OF A MELT EVENT, AREAS OF 015TLWDM SOIL MUST BE 5TAWLIZED AT THE END OF EACH WORK DAY. WITH THE FOLLOWING EXCEPTIONS. - IF NO mec irITATION WITHIN 24 HOURS IS FORECAST AND WORK WILL RESUME IN THE SAME DISTURDED AREA WITHIN 24 HOURS, DAILY 51ADILIZATION IS NOT NECESSARY. DISTUKI5MD AREAS THAT COLLECT AND RETAIN RUNOFF, 5" AS HOUSE FOUNDATIONS OR OPEN! UTILITY TRENGYES. 6. PRIOR TO STABILIZATION. SNOW OR ICE MUST DE REMOVED TO LESS THAN I INCH THICAUWSS. 9. USE STONE TO STABILIZE AREAS SUCH AS THE PERIMETER OF C.UILDINGND S UNDER CONSTRUCTION OR WHERE CONSTRUCTION VEHICLE TRAFFIC 15 ANTIUPATEO. STONE rATHS SHOULD DE 10-20 FEET WIDE TO ACCOMMODATE VE311CULAK TRAFFIC. 10. IN AREAS OF DISTUKDANGE THAT DRAIN TO A WATER DORY WITHIN 100 FEET, TWO ROWS OF SILT FENGE MUST BE INSTALLED ALONG, THE GONTOIAL WINTER IN5PECTION 5CHEDULE KA NFEALL THAW G PEKAATING RIANOFF FROM 517E IN5rEGT SILT FENGING WITH SKI TArE x INSPECT AREA5 TEMPORARILY MULCHED X INSPECT TEMPORARY 5TOCKrILE5 X INSPECT 5TADILIZED G01S15TRUCTION ENTRANCES x IN5 C,T AREA5 THAT HAVE BEEN TOPSOILED + MULCHED X INSrEGT STORMWATEK 5WALE5, SPREADERS, OUTFLOW 0EVIGE5 X STUMP 0151'05AL 5PEGIFIGATION5 ALL SUITABLE TRILLS THAT MAT DE GUT WILL x USED AS FIREWOOD. THE STIAff. MI- - LNSUITADLE EARTH WILL DE DISPOSED OF AT THE LOCATION DEII-MA DY THE ENGIMlER. GONTINfSENT UPON APRROV- PROM THE TOWN-11LOIN6 -TM_ SAID AREADI SALL DE A MINIMA d TWO fEET ASOVe THE SEASONAL NIGH GROLNDWA- OR THE I- SHALL ee NAUIID OFF -SITE TO A STATE-APPOVED LANDFILL IF ON -SITE I- DISPOSAL If IMMNtlJENim. THE FOLLOWING WIDFlIlES SHALL DE NET. l WIETEVER "WILE. STUMP DISPOSAL IIT- SDLLD LIX,- ON NEARLY 11VE1. TO YODERATfLY SLO'IMG LANDS ISLOES LE55 THAN YJR 2. DISPOSAL SITES WILL NOT SE LOCATEDIN OR WITHIN 100 FEET OF FlAWING WATE MK5E5 M STREAMS OR IN AGTIVKLY EROOIND GU.LIEf, 3. DISPOSAL SITES SILL NOT DE LOCATED IN PLOCOm OR FL003-PROE LNOS. HMRSES. CR OTIOR AOUI REU -ARIAS. 4. STAFS WILL EE M1AGm ON THXSITE IN A SINGLE LIFT PRIOR TOMCKFILLIN6. WHEN ADDITIONAL. )rLMS ARE TO of OPOSI- ON THE SAME SM. EACH SUGGE551VE LAYER OR LIFT O 511AY5 WILL DE D 4KFILLm. S. STWS O ITEO IN OUINA6EWAY1 M CN! E 10M5 SHALL De DAGKflllm AHD DENRMm >0 AS TO DIVERT OVERLAO FLOWS FROM THE DISPOSAL AREA 4 ASMINI" OF TWO FEET DLL OF O­ WILL DE M1 OVER ALL DISPOSAL 7. TIE TWO FEET OFRBUROpN WILL CORNED A IMUM OU FR INGHIE! H41OF TOPSOIL. GRADED. SEEDED. AND NU.UEO IN ALGMINgRDANLE A— THE 11AI.-S. EK0510N AND SEDIMENT GONTROL 5EQUENGIN& IWINTER STABILIZATION WORK TO DE COMPLETED PRIOR TO OCTODER 151 L CONSTRUCTION FENCING TO DE INSTALLED TO MINIMIZE THE AREA TO ISE DISTUIRDEO. 2. SILT FENCING TO DE INSTALLED AT DOWN -GRADIENT LOCATIONS TO PREVENT ANY SILT FROM EXITING SITE. 3. INSTALL 5TABILIZED CONSTRUCTION ENTRANCE ONTO SITE. 4. STONE CHECK DANISN TO DE INSTALLED IN 5WALE5 IAS NECESSARY). 5. EXCAVATE FOR FOUSIDATIOK STOCKPILE FILL AND/OR TOPSOIL AMC' SURROUND WITH SILT FENCINGWITHIN 24 HOMERS PROVIDE MACH OR EROSION CONTROL MATTING OVER STOCKrILES. 6. INSTALL HOUSE SERVIGES AND DAGKFILL ALL EXCAVATIONS. PROVIDE STABILIZED WORK AREA MOUND HOUSE. 7. EROSION CONTROL MATTING TO DE UTILIZED IN DRAINAGE 5WALE5 AND ALL DISTUROW AREAS ON SITE 6. EROSION CONTROL MEASURES TO DE INSPECTED AND MAINTAINED DURING THE C.a6TKLICTION FERIOD. -1. AS EARLY AS rOSSIDL.E IN THE SPRING, THE FIN15H SITE GRADING. TOPSOIL-INC, AND SEEDING WILL DE C MrLETED. THE EROSION CONTROL MEASURES ARE TO ISE MAINTAINED UNTIL GIKA55 15 E5TADL ISHIED. ER05ION CONTROL 5PEC.IFICATION5 I SEE OTHER DRAWINGS OF THESE M-ANS FOR ADDITIONAL STORMNATQ AMO -ION GONIROL SPECIFICATIONS AND DETAILS. 2 THE ROADWAY AND YARD FINISH 6RIDE SLOPES SSW. NOT ISE 5TEE ER THAN 3 ON t THE HEMMED GRADE sLOPEf SHALL DE IMMEDIATELY fift m AND MJLGHNm > A -IL DISTLRDFD AR S IX $TADILI- WITH SEEDING AID M.LGHINS PRIOR TO NO_ I OF EACH YEAR ANY DnTLRDm AREAS OUTSIDE Of THE ROADWAY SHILL DE IMMEDIATELY SEEDED AMC, MA. B DAYS. 4. THE ­ cON _ METHIODS USm IXRRIG GONfTRULTl011 W THE eEvaaPMOrt SHALL PROLlm IN THE FOLLOW_ SEQLONGE' N THE ­TOR SHALL INSTALL AHD MAINTAIN HAY DALE OILS. SILT FENCES. AII OTHER EROSION CONTROL MEASURES, IF REQUIRED. AS ORDERED DY THE ENGINEER. TE EIRDHON c OL MEASURES SHALL DE MAINTAINED AND REPAIRED AFTER EV RAIMAL - M NEW IM'ROVOQITS ARE PAVED AND ALL DISTLKDfD AREA5 HAVE BEEN GRASSED. THE -AIR OF THE EROSION -- MGSIREf WILL INGLIDE REM _ ANY SEDIMENTATION w11 EDI MAY W fvAGED AS FILL IN THE LOW AREAS. IF NYCOVm THE E N THE TOPSOIL MALL ISE REMOVID FROM M ARE TO a GRADED AND 'TO ILFD. A SILT ERGS SHALL DE PLACED CONTIMUOOSLY MMNO THE BOTTOM OF T K MILE. GI IN AREA5 HFM THE - ONS-TION. THE GONTRAGTOR SAL. ENCLOSE THE TRNRS OF 1Rf1S TO x SAVED WITH WOODEN SNOW FDK,ING ALONG THE pRIf1.IHE To PROTECT THE PROM I-Y. O THE SITE GRADIMS WILL TON DE DOE. AND TE rIPRLINES WILL DE INSTALLED IMMEDIATELY O.LOWINO ­W THE GORKAGTOR WILL INSTALL ANO MAINTAIN MILE IIR1T PROTECTION AROUND THE LATCH BASINS UNTIL THE HAS DQN rAVmYAND GRASS HAS BEEN ESTABLISHED ON THE SLOPES. D THE GONTRAGTOR WILL TO'SOIL SEED, AHD MRM.4H THE DII_ AREAS M SOON AS PO"_ FOLLOWING LOMLETION OF ADJACENT cONSTKUGTIOA Fl OON GILT MEAT SHALL, DE NULc m OITSDE OF A4TUAL WORK HEM, AHD MAY DALES SHALL K EMLOYm TO GOIENE - WASH AID RIMOf/ TO THE IMEMATE OON ARRA AS ORDERED DY THE QN61MJ'IR. 5. OUR ING -TRUGTION. THE PROJECT SHALL ISE IN cOM'I.IANGE WITH THNy� u [IfK�SIT LAND5GAPING 5PECAIFIGATION5 ALL DISTURDED AREAS SHALL DE STADILIZm WITH SEEDING AID MA.GHING PRIOR TONOVDCER I aF EACH YEAR. ARY OnTI1RBm ARCS FALL ISE IMEDIATELY SEmED AND MAGNlD WITHIN ANn DAYS. Y WORA rORFOMED AFTER HOVEI.DER I OF EACH YEAR SHALL ISE STADIL WITH HALM OR NETTING SLFFIGIENT TO PREVIUNT EROSION AND SMALL W MEDIATELY SEEDED AID -- AS SOONN AS WEATHER r TS IN THE SIRING AL DISTURBED AREAS SILL RECEIVE A MINIMUM OF OFFT 14- ANO OEE SXS. FERTILI]ED. LIMED. AND ILLGIlD IN AGGORIN WITH THE t SEED YIXTURe IN ALL AREAS 5HALL SE URBM MM.. TO THE TABLE SOWN ON THE PLANS FOR SEEDING BETWEEN SErTDIB6R I AND NOVEMBER I^ WINTER RYE SHALL DE U ED AT M ARLIGATION RATE OF AND rOIROS PER GRE 2 FARTIL SSW. M 5TAMDARD GOMQGIAL GRACE GOEORMIN6 TO THE STATE MTILIZER LAW AIO TO THE 5TANDARDS OF THE ASSOCIATION OF O GIAL .A6RIUAl1.RN. LN0115T5. CRY FEKTRIXER. IF USED, SNARL DE AT.Im AT THE KATE Or 'JW f01AD5 PEER ACRE. LIQUID FERTILIZER, F USED, SHALL BE A 150 IN A I—I RATIO WITH THE INIM.Y RATE TO NGLIDE I00 POUNDS OF NIM06EN, 200 POLIO• W NK ,C. AID XIO POUNDS OF MTA5H1 PER ACRE. 3 LIMESTONE SHALL GOIEOW TO ALL STATE ANO FEDERAL KISSUATION5 AND To THE s ADARDS OF THE ASSOCIATIW OF OFF - A6R GU_TURAL -ISTS. THE LIMESTONE SALZ. DE A WD AT A RATE OF TWO TONS PER MORE OR AS DIRECTE,,. 4. WITHIN N HOURS OF A IGATION OF FERTILIZER LIME AND SEED. THE SRFAGE SUIZ. BE WITH TH A HAY M.LLN MLLGH SHALL DE SPREAD FORM_Y OVER THE AREA AT A RATE OF TWO TONS PER ACRE OR AS MCERGO W THE ENGINEER LRDAN M'. GRASS SPD Z DY WE16MT LIVE TYPE OF SEED J75 45 CRYING RED FESCUE ]LZS 3T.S KGNTUDRY BLUE6 ]l15 375 WINTER HARDY. rQEANIAL MOO W 4 LIVE SEED PER ACRE R OMTE lf01 45LF FAMVR' (NEAP/ IIOV OV EO/ALI INS CAMW MASW OPA7E , )RAC ANY ESGRED .SEOIENZ FAMWC' ID BE a'EANED OW REAZAOD AFTER ANY SAIRW AS NECESSARY. FAERIC SRAZE � MRAROE'D AROUND RG' OPA 1F AM7 SECOPED, SVO/ RUT RIE FAMWC AAE IRA SEDd r PO AOT FA[L AVID )NE SIM/DR We" RK CJEA IE Is RE1,01fD. 5ECTION A IA IAA fWin,a INLET PROTECTION DETAIL aul� R o.e1"IR I I I I11 mI A I11 J III II a � III II III II VV ygM �"IRE CONCRETE NAS HI ;F CAST IRON LL P 6 INCHES OVERHANG. 5;.. ALL STRUCTURES SHALL BE DESIGNED TO 1 WTHSTAND AN H2O LOADING REQUIREMENT _ USE .1 NA UAL METH S ' R�Ppp � 24• I...- 36* OF NS ETLANN AND CLFANINc xHMN D AND BUEELN roNE NERAN �! 8lC170N JOINS' ALL BACKFlLL THOROUGHLY COMPACTED ALL PIPE OPENING SHALL HAVE A WATERTIGHT FLEXIBLE PIPE SLEEVE OR GASKET. IN 8• LIFTS 1\1 TEMPORARY SILT FENCE PIPE NTS 4000 P.S.I. CONCRETE �uupoa $�pW PROPOSED �a$D(Pp SG DRIVEWAY pId. �0�0A.�.8 1-1/2• TO 2•��ppp O TQOa DMA. STONE W °.0 Er 'W O 30' MIN PLAN 30' MIN B* MIN EXISTING GROUND OR SUBGRADE \ ` ,R / PROVIDE MIRAFl $ONE FABRIC UNDER STONE NOTES: PROFILE 1. ME ENTRANCE SHALL BE MAINTAINED IN A CONDITION WHICH WILL PREVENT TRADING OF SEDIMENT ONTO PUBLIC MGHTS-OF -WAY. THIS MAY REWIRE PERI101C TOP DRESSING WITH ADDITIONAL STONE AS CON EMS DEMAND AND REPAIR AND/OR CLEANOUT OF MY MEASURES USED TO TRAP SEDIMENT. ALL SEDIMENT TRACKED, SPILLED, OR WASHED ONTO PUBLIC RIGHTS -OF -WAY SMALL BE REMOVED IMMEDIATELY BY THE CONTRACTOR. 2. THE USE OF CALCIUM CHLORIDE OR WATER MAY BE NECCCSSAIRY TO CONTROL MST DURING DRY PERIODS 3. PROWDE APPROPRIATE MMSITION BETWEEN CONSTRUCTION E MMCE AND THE EXISTING ROADWAY 5TA81LIZED GON5TRUGTION ENTRANCE NI', _ D ' El - U - O / O 5TOCKrILE TO DE COVERED O WITH HAY MULCH \ WHEN NOT IN USE 0 0 0/ \ O STOCKPILE TO DE ENCLOSED WITH SILT FENDING TEMPORARY FILL MATERIAL 5TOGKP I LE NHS SOL STONE PREGA5T CATCH 6A51N NTS FRAME 6 GRATE, NEXUS OR NEENAH FOUNDRY R-3210-AIM OR R-3210-LLM 4e' aAMcrER REINEORGm GOM.RETe WRAC6 TO FLE GOVR AANE ERE H CM TOWARDS A En GO.SIt N`SIWI OIMORY R O-NL O -- .'I- RL.VCI H MAIM N OMR MA55 AI 4W' FGONGR[TE HELL TILL 5f4RGT RISOt fOR ACCESS 1. OUTLET DRYWELL 0 0 0 C3 uRVRm 0 0 0 0 STONE A. AND DOER ORYWELL M56TFLY WRAPm C3 r3 (m O IN IN YIRAI W FABRIC 0 0 0 0 000 bALLON E' • x 44' tA.L PReGA�r GorKKETE ORYwaL, c o O f7 0 PREcr,ST OWa4oaD aR eouAL NOTE.W O NOT ORIVIX ARK MG ON TO f dRYWE15. \ 0 0 0 BACKFlLL NTH APPR EXCAVATED MATERIAI THOROUGHLY COMPAI IN C LIFTS APPROVED ROCK FR BACKFlLL THOIR(X& COMPACTED IN 6 LIFTS NO STONES DIAMETER) AN 1 3/N• TO 1-1/2• a S E BEDDING FO PE PIPE UNOISTU PRIOR TO RAGING (TONE MUST MOTE ImITHAT K nC AOE 50- Torlx>N „�. un�2w lS nRarO or..w[.us. DRYWELL DETAIL STORM SEWER TRENCH NTS .D. IS OUTSIDE MAMETER OF PIPE) HE CONTRACTOR SHALL AT LL TIMES KEEP THE TRENCHES NTIRELY FREE OF WATER UNTIL ALL WORK IS FINISHED iND READY FOR BACKHIWNG JUN U 6 e city of So. Burlington \SIRS O { I I YNJAPi to �� . 106 EVIL A'""'IRA O oBCA cA C3 NEcnrE DRAxnD WRNWMY H1VAL STRERZI/CdICPT GARDNER PARCEL A I LOT, 6 UNIT ME) IEN DRIVE SOUTH DURLINGTON VT s z zo1B 0C5C OBNA '10W 201E-20 DNB JH E O J_,T.Ajt y -j7 CIVIL ASSOCIATES, PLC 012-20-56 tt,SN SEEET / 3 m3o' ANA MG,W.� 5TORM + ER05I ONGONTROL DETAILS +DETAIL5 + 5PEGIFIGATION5 GENERAL SANITARY SEWER SPECIFICATIONS 1) SEE OTHER SHEETS FOR ADDITIONAL INFORMATION. 2) CONTRACTOR SHALL CONTACT ALL UTILITIES BEFORE EXCAVATION TO VERIFY THE LOCATION OF ANY UNDERGROUND LINES. UTILITIES INFORMATION SHOWN HEREON WERE OBTAINED FROM THE BEST AVAILABLE SOURCE AND MAY OR MAY NOT BE EITHER ACCURATE OR COMPLETE THE CONTRACTOR SHALL BE RESPONSIBLE FOR ANY DAMAGE TO ANY UTILITY. PUBUC OR PRIVATE, SHOWN OR NOT SHOWN HEREON. 3) THE HORIZONTAL AND VERTICAL SEPARATION FOR SEWER AND WATER LINES SHALL BE INSTALLED IN ACCORDANCE WITH THE LATEST EDITION OF THE 'TEN STATE STANDARDS - RECOMMENDED STANDARDS FOR WATER'. 4) PRIOR TO CONSTRUCTION, ALL MATERIALS SHALL BE APPROVED BY THE ENGINEER. 5) ALL SANITARY SEWER PIPE SHALL BE PVC SDR 35 CONFORMING TO ASTM D-3034, ASTIA D-3212, AND ASTM F-477. 6) ALL TRENCH FILL SHALL BE PLACED IN 8• LIFTS AND THOROUGHLY COMPACTED TO 95% OF MAXIMUM DENSITY OF OPTIMUM MOISTURE AS DETERMINED BY ASTM D988 STANDARD PROCTOR. 7) ANY SURFACES, LINES, OR STRUCTURES WHICH HAVE BEEN DAMAGED BY THE CONTRACTOR'S OPERATIONS SHALL BE RESTORED TO A CONDITION AT LEAST EQUAL TO THAT IN WHICH THEY WERE FOUND IMMEDIATELY PRIOR TO THE BEGINNING OF CONSTRUCTION. 6) THE CONTRACTOR SHALL COORDINATE THE LOCATION AND INSTALLATION OF THE INDIVIDUAL LOT SEWER UNE SERVICES WITH THE OWNER AT THE TIME OF CONSTRUCTION. OALRfLL WITH MATTER - IN IXGAVAIED NOROLRSIEY LafAL1QA O' LIfTS Me SIDES of TRENLIIES 4 Fr. OR MAKE w Ce—, EN"EtelJ DY r6HafEL SIIV.L x SLEETED OR ATLOY£O ROLR fRfl DALKFILL OT: SAID IN I .' L H.Y LOWALIED w LINTS A s A YDR IS LE33 ML[ I�t�IGE eC fae' eiw IN. oLae w w LA MI4LJ. OYQ —LES LROwN b' • amAx DIAMETER a FNT TK LdRRALTOW SIWl Al AI.L. TIMES ROT TIE 1RENLIES OV71RELr FREe LsWA ra 'MIL ALL WORK IS fINISHm ARE' READY fCR DALI(fLLNw SEWER 5ERV I CE TRENCH DETAIL STOSI/SEWER PIPE • tB' (6N1ER ONE LENGTH MN. OVER WATERLINE) WATERLINE OR SERVIFE liT1TER ONE LENGTH OF PIPE UNDER sEWER --•{I CENTER ONE LENGTH OF PIPE QWR SEWER WATERLINE OR SERVICE • IC YIa IF 18. OF VERTICAL SEPARATIGN CAN NOT BE MAINTAINED, THE SEWER LINE SHALL BE STORM'S WER PIPE CONSTRUCTED TO WATERUNE STANDARDS, A (CENTER ONE LEMOM , WATERUNE) MINIMUM OF 20 FEET BEYOND EACH SIDE OF THE CROSSING 5EPARAT I ON DETAIL FOR CROSSINGS NT5 2- THICK TYPE III COURSE BIT. CONIC. PAVEMENT 12- CRUSHED RUN GRAVEL BASE (AS PER (VT. STATE SPEC. 704.05 OR 704.06) MIRAFI 50OX FABRIC DRIVEWAY SECTION NTS I , 2'- RAOI (MIT I I I I I MANHOLE CHANNEL FINISH GRADE RAISE FRAME k COVER TO FINISH ELEVATION WITH CONCRETE GRADE RINGS NO BRICK SHALL BE ALLOWED A.S.T.M. C478 PRECAST REINFORCED CONIC. MANHOLE CONE AND RISER COPOLYMER POLYPROPYLENE PLASTIC RUNGS WITH 1/2• GRADE 60 STEEL REINFORCEMENT OR EQUAL 12. O.C. MAX 5. O.C. MIN. PRECAST 48• MANHOLE OR APPROVED EQUAL INVERT SHALL BE CONSTRUCTED WITH HARDENED SEWER BRICK 2• RISE (MAX.) - LEDGE PAVEMENT LIMIT — NITS mm ME= CLEANOUT FRAME & COVER LeBARON R-808 OR EQUAL SHORT LENGTH OF PIPE AS NOTED SDR 35 ON PLANS 2500 PSI CONCRETE 45• BEND 5AN I TARY GLEANOUT DETAIL NT5 MANHOLE FRAME k COVER NEENAH R1642, LEBARON LC266 OR EQUAL NO PARGING OF INTERIOR JOINTS WITH MORTAR SHALL BE ALLOWED GROUT FRAME TO RISER/GRADE RING CAST IN PLACE BEER GASKET FOR COAT EXTERIOR OF CONCRETE AND BRICK WITH TWO (2) COATS OF WATERPROOF SEALANT SEE SPEGFICATIONS FOR NH TESTING REQIXNEMENTS 0 RING RUBBER GASKET IN ACCORDANCE WITH A.S.T.M. C-443 AND A. S.T.M. C-361 OR BUM ROPE -WELDED STEEL WIRE FABRIC VARIABLE STANDARD LENGTHS (1,2.3 e 4 FT.) PRECAST MONOLITHIC ----'✓%\� \��\` CONCRETE BASE MIN. 2' / / / 58• \` \��\` \� HEIGHT. 3/4• TO 1 1/2• /4 O 6. O.C. CRUSHED STONE BEDDING EACH WAY DO NOT USE LIMESTONE LEDGE PAYMENT LIMIT SHALL BE 3' OUTSIDE OF THE MANHOLE AMV/MUM r2• IH/CK STRUCTURE TO A DEPTH OF 24• BELOW SUBBASE THE INVERT. MOTE' Ca✓7RACrEW SIMU MSTALL AN Err BOLT OW 77AE SMUCI WIF 70 FASTEN CORRO OV RESISTANT /r2 LOC47MO WRE TYP I CAL PRECA5T 5AN I TARY MANHOLE SIZE RTTN 6• 8• 12• 11k&22 2 2 1 5 45' 2 4 9 90. 4 8 7 TEES OR END CAPS 7 8 12 VALVES 2 2 2 N TS 3500 PSI 3500 PSI CONCRETE 1 CONCRETE END AREA BEARING J AGAINST END AREA J}• UNDISTURBED 13EMING J SOIL AGAINST UNDISTURBED SOIL — RI B —s— ANLA BASED ON 1DO PSI WORKING R'wl T -D en ND - PQ TYPICAL BENDS PRESSURE PLUS 1W PSI SURGE ALLOWANCE MD BEARING NOTE: PLACE 4 mil POLYETHYLENE BETWEEN FlTTNG AND THRUST BLOCK CAPACITY OF 2000 LBS/SO FT THRUST BLOCK END AREA NTS BACIMWITH WITH EXCAVATED MATERIAL WATER MAIN 5' FL 5' SPECIFICATIONS: < t) COV7RACRM' MAY USF SHEET RUNG DR/IEN VERMALLY A MM/MUM OF ACKING ORINC RECEIVI PIT (5) RI£ AEFT OU7SW EDGE OF _WOLLDER 70 ALLOW FOP SHOULDER ST.EEI£. IT 2) PIr AREA 70 BE MffRUM M (6) MX ML7t LX7S & AB0W#C4L4Y rAAwED MIA 3) AT NO 77ME SHALL ANY MA BE PLACED OV MINE PA VED PIMROV a, 77YE HIGYMY. 4) S7EEL SELEI£ SVAU CLWFLWAt 70 A.S T.M..S'EdEM.A M`05 A -SS WIN BUTT- MELDED .RANTS /NR70'OP OF SZEFI£ SHALL BE COA)ED M JACKING ROAD SUB CRADE ACCORDANCE WTN A.WW.A. C. 20362. S BORING PIT, 5I PIPE W71/M SLEEVE SHALL BE SUPPORTED BY STAINLESS S7EZ7. - 8' MIN. 8' MIN. \� `�1 .SCALERS ID PRIM/s/T MOYE'MENT a, PARE kV ANY DMPEC77GW. rmml BE A MI MtUN Or 7N0 S�i7S O� &OGY7NG PER LE71G'IN O� P/PE III'/ 1 I RECEIWNC .SMU EAGV atOLMNG -WALL BE POi/na9D (4) 1Dt7R arr EROIr PIPE EMUS, L PIT /ND/HD/fAL BLOC/ONG PIECES SNAIL BE BANDED 70GE7NER kV A MANNER 70 BE APPROVED BY 7HE ENGAVR. STEEL BAND CASING PIPE (15• DIA.) OTHER METHODS OF SUPPORTING THE CARRIER PIPE MAY BE USED MEN DI CL 52 CARRIER PIPE APPROVED BY THE ENGINEER CARRIER PIPE CENTERED INSIDE STEEL SLEEVE (4' DIA.) HYDRAULICALLY STAINLESS STEEL SPACERS PLACED SAND INSTALL TWO PER LENGTH OF PIPE OR PEA STONE (CASCADE WATERWORKS OR EQUAL) TYPICAL JACK AND DOKE DETAIL N Iti STATIONARY ROD - DO NOT INSTALL IN PAVEMENT ~ MUELLER H-10334 CURB BOX OR APPROVED EQUAL MUELLER INSTALL A I H-15008 V VERTICAL GOOSE III MU MUELLER ELLER CORPORATION NECK LOOP H-1520 OR EQUAL II CURB STOP OR sUL APPROVED EQUAL TYPE 'K'� 4 COPPER SERVICE A tx IY SIT➢ DI PIPE, DIRECT TAPPING IS PERMITTED coNCRETET E et0tx WATER SERVICE DETAIL fie Contractor rhd/ be responsible for complying with 05WA - H75NA regM/atlor7r. ERTaf baaklM motenbif shdt contain no stones greater than J• (76 cm) in 011—eter, no frozen lumps day or Organic materw. m— in 12- (M..5 cm) Efts and compoct or indicated MRA3' Use on site Band RII for bockrd/ haunching and initial back fill Haw oNhg Undisturbed nu terk E mate tr h to s belt, pints, and pye NT5 D+2' poking to ma1D5 exLstm perod _. unpalsd aand diyhtly R DuctNe bon, GY 52, ',"JL' • Or J/4- cgoper Compact undx p0e Provide m1n. 6• (152 ) sand cushion 0— ledge TYP I CAL WATER TRENCH DETA I L5 GENERAL WATER 5PEG IF I CAT I ON5 L. TTN SHALL EONTACT ALL ununes BE ERCAVATION TO —1 THE LOG_ OF MY OEAGROHIND UNEt THE CORMACTOR SULL NOTIFY *MMAFE' AT T-eLL-OIG-SAFE PRIOR TOMY AVATION. UIIUTES INFORIATON SHOWN ON SHEET t MERE OBTNNED FROM ME BEBT AVAMANE SOURCE AND MAY OR MAY NOT BE EITHER ACCURATE ON OOMPIETE. ME CONTRACTOR SHALL BE RES`O ._ — ANY ONIAGE TO ANY UT,u'. PUBLIC OR RLVATE vHONN OR HOT SHOO N HEIECK. 2 ME IONIBONTAL AND WATCA. —ATON FOR SERER AND WATER LINES SHALL BE INSTALLED IN ACCORDANCE PITH ME !LATEST EDMON OF ME 'TEN STATE STANDARDS - REOONMENDEO STANDARDS FOR WATER WORKY. S ME WATER IAAINs SHALL BE CONSTRICTED. TESTED. AND p9NFECTED N ACC aE WM MINA STNDAROS C-600 AND C-651 RIM THE EXCEPTION OF THE TABLET METHOD OF OISNFECTON. ME CONMACTXR SHALL NRNEH ALL GAUGE$ TESTING PLU CAPS AND ALL OTHER NECESSARY EWIPIA T AND LIBOR TO PEAFORN IEARME. PRESSURE AND OISNFECTIINJ TESTS N sECTIONS O AN APNDWD LEN— .. VALVED sECTON OR A uA.— O ONE MOUSATD FEET (t.Eor) O ME PIPE SHALL BE TEBTED. ALL WATER RE.1— FOR -TING SHALL BE POTABLE ALL TESTNG SHALL BE CODUCTED IN ME PREsFNCE OF ME ENIONO R FOR THE PRESJRE TEST, ME CONTRACTOR SHALL DEVELOP AND MNNTNN 200 POUNDS PER awns RE ro NLAD ME DEswATm PRESURE FaR ME TMo-HOUR PERIOD CONSTMIES A FNWRE dF THE SECTION TESTED. ME 1£NOQ TEST SHALL BE PEAFWLED CONaMRENT.Y WIN THE PESAIRE TEST. WRING ME TEST. ME CONTRACTOR SHALL MEASURE ME OIIANTTY OF WATTS REOIIPID TO MNNTNN ME TEST PRESSURE. lEARAOE SHALL NOT EKCEED ME WANTITY OWN .1 L - 2 A SD (BLARE ROOT OF P) / H 000 SLLARAGE IN CALLONSMON - LENGTH a PPELRRE TESTED P - .-IAOE OF PPE IN HI WS PS ALL IR1WG SHALL BE CONgICTEO IN AC:M. RIM A— ONW LATEST RENSOI. ARY SECTION O ME PPE FAIL D11EA lIE PRESSURE OR LEAKAGE TESTS, THECONMAGipR'"I" DOEWAYMNG NECESSARY TO LOCATE AND REPNR OR RERACE ME DEFECTIW PIPE, F1 NGS OR JOINTS AT NO EXPENSE TO ME OWNDR. F. FOR MY REAsION. ME ENONEER SHOULD ALTER ME FOREGOING PROCmUREs. ME —Tat SHALL RELNN RETONTMBLE FOR ME TGHMEs3 OF ME UNE PITH ME ABOVE REWIREMENT NS pSINFECTION SHNL BE BY ME COITNUWS FEED NEMW UNLESS OMERRISE APFNO\TD BY ME ENGINEER. AFTER —NO. --NG. AND ME MTAL AmTION aN sO.U11011. TINE FREE OHLd4NE WNfiNMAnON RTHN TIE PIPE 9YML BE AT LE"' 20 No A_ ME NLO1NATED WATER SHALL ROMAN IN ME MAIN FORA PEROD O' AT LEAST 24 HOURS. AT ME END OF THIS PERIOD, ME TREATED WATER IN ALLPPONTONS OF ME MAN SHALL RE HAW A RESIDUAL OF LESS HOT MAN Ia MG/L THEE —NE. DISNIECTON SHALL BE FRFORNED UNDER ME SU SIGIN OF THE ENGINEER. ME DISINFECTION PROrESS STALL BE DRIED AITZPTAeLE ONLY AFIFR SALgE2 O WATER fRp1 ME FW9EO, OSIIFECTED iANEN BY TIE ENONEER AND TESTED AT % APFROWO VB EATONY SNOW NO AWx NCESO B„CTERRI—CAL CONTAMNATON. OISNFECTON SHALL CONFORM TO ME LATEST ME PRUIW AND APRURTENANO:S SHALL BE MNITAINED IN AN UNCONTANINATED CONpTON UNTIL FINAL ACCEPIANCE. O9NF TION SHALL BE REPEATED NNEN AND REAE REWIRED AT NO EIPOISE TO ME OMER LNM FINAL ACCEPTANCE BY THE OFNER 4. ALL WATER MAIN THRUST BLOOtS STALL BE CONSTRUCTED OF l,sdl PSI CONCRETE. S ME WATER NAINs SHALL HAW A MNNW DEPTH 0' COWIN OF V, W My SNR` . LINES OR SIRIUCTURES YMCH HAW BEEN DAMAGED BY THE CONMACTOWS OPERATIONS SHALL BE RESTORED TO A CONOITION AT LEAST EWAL TO THAT IN RNLI THEY WEIE FOUND IMMEMATELY PRIOR TO BEONNING OF CONSTRUCTION. * ME _ENA_ 9 _ DOOR THE LOGTON AND INSTALLATON OF ME NDIVWUAL LOT TIT LINE SRNCEs RM TIE oRlElt AT ME TIME OF CONBTRUCTON. e Aa NN JEB LAVES SHALL LC AOIALLED AP/ER Aaws'soP /3 m LE7rJR APAW I N7MR/r PRAY API9MYAL LY IK S/PfAw)DVIXNT. ME APFRCPRM7E CARD S/PD7NSM MAY RESNIGr NORR LE'— AaHEIAw IS AND AFnR AR]A J ONR2C ADIEnsE xeAMfR CLWOl71OVS A ALL p.C7RL AOV XN 7ElP P[M' 9N(L BE PLEY WRAMYD wan A IMAMS' INIcIESS O 4 YE R1Y N ACCOBDMYS NM ANNN 4ELi.CI NIV aas /AA9 AP,S u4ESs APAPp1ED OTEAIEiE BY IlF APHEYV,YA7E CND SLPEANSOR ra ANDALL ARMY A BE PLRFYARm M AaYONOANrI NM )IAE aMIFLAM NN ElP a5)MCr 9CaMAlRWS aFrA4s FTw TIE wsr m2v a xNER LAWS Anm APvrmm2AHCEs !l. C(wSIIRE',CMT' NRL BE w L'OWDWAIMF Ma BA Yr AN7ER STIR^I[Y NOUN& AETll lllltr OBCA I� xmRa InA N.,c O Pn Nw,nr ?`L N O i arnGv mu O a rcH/clNcw. f OBCA O'LEARY-BURKE IVIL D m'TH CIVIL ASSOCIATES, PLC IscDRIp ORW rrI /�N 1 IjjS ��.AAM ESSEYJL'r. rl 111IIRR t'-30' NaIE:NB;BR HMR. Re ®W:.w.Km,I &ARDNER PARCEL 6 2 2016 A I LOT, 6 UNIT PKD 'MBE 2012-20 O'DRIEN DRIVE SOUTH DURLIN&TON. VT 012-20-S6 DRIVEWAY. WATER + 5EWER AWE f DETAIL5 + 5PEGIFIGATI0N5 4 Z O CD Z J 0' m F- O In H _J J LIJ Of L U w N H _Z D' 0 L.I J m W Z O z O F- U r) O ry D_ LL1 Of ry g Q 0 2 / 16' t N/F KENT & JACQUELINE STEVENSON (LOT #22) ,/ 30 s sa � A TRUE / Ca basin Spk,44 NORTH \ PROPOSED STO M PIPE COURSE '. \ AND 20ft. WIDE EASEMENT, TYP. '1 �I 1 N/F OGARY & JOANNE SMITH 17 51E I r 14` f 1 ...33:.... - N SITE LOCATIO N/F I ANN & DONALD IRISH 10 30 E I 4 S ?' 2p'1 ZTILITYEASEMENT ib - N Spk.7 `I' NEW 3' WIDE FOOTPATH COURSE NTH 5' WIDE EASEMENT (FLOATING) AND CENTERED ON /ACCES , : LT \ i - FOOTPATH I AREA ON10 IN FAVOR OF ROBERT H. DUMONT FAMILY TRUST LOT, SHOWN DIMENSIONED \ -X 44, = Sp�13 - - - EXISTING 15' CMP ` ..... - V3' — - _ PROPOSED (RELOCATED) FOOTPATH ^ "�•••• a ` s 1 9 rage I \ -� �..•\ / \ \• '-.,,` PROPERTY OF GARDNER & SONS DEVELOPMENT CORP. 2a:D00' 4 1 �}gOft. MADE (TYP.) ACCESS`: "�.. Id21VE TO RESIDENCE & TRIPLE% 2• 6 ACRES \ NANCY AWLEY / •I• 50.00'�\• I / 3 'BUFFER\ •i I N/F a� / \ DONGYANG ZHANG N/ / \ I \ / 28' '\ %• � . / 17-19 LILAC LANE 1 28 ( LOT # 10) / 28' / �. � ANDREW & ANGELA HAAG / : I ) i /•' 29, 29, N v \ / O� O PROP SED TRIPLEX : / 1 EXISTINGITS 37B LBIRCHNPT. No LEGEND • IRON PIPE FOUND QQ REBAR SET (R.L.S.#538) O CALCULATED POINT A SURVEY POINT PROPERTY LINE EASEMENT/R.O.W. FOOTPRINT LOT ZONING SETBACKS D RAI NAG EWAYS WETLAND BOUNDARY WETLAND BUFFER LIMIT 1 O ' / I 1rn TO THE BEST OF MY KNOWLEDGE AND BELIEF THIS PLAT IS BASED I o ON INFORMATION ABSTRACTED FROM THE LAND RECORDS IN THE TOWN OF / I SOUTH BURLINGTON (DEEDS AND OTHER OFFICIAL RECORDS). ALSO ALL PHYSICAL(LOT # 1 1) \ 1 / I II I O 1 FROM THEE SVIDENCE URROUNDIN THEING LANDEOWN RCS UD/NG PAROLE EVIDENCE ACQUIRED 1 1 THE BEARINGS ARE MAGNETICALLY OBSERVED WITH A SUUNTO COMPASS. �\ Y8• / ! I I I THE SURVEY WAS DONE WITH A CLOSED RANDOM TRAVERSE USING A 28, /• / I 1 TOPCON EDM ACQUIRING A 1:50,000 POSITIONAL TOLERANCE. II 29' 1 THIS SURVEY CONFORMS TO 27 VSA f403 REQUIREMENTS. / / 28 / s' / \ / ................... 50.00\ — _ Spk.B / r 1 1 DAVID A. TUDHOPE 74 CAYUGA COURT 1 Mary n.xw.,� a DAID %" � \• I BURLINGTON, VERMONT 05408 ID&�\_ "• • • • .. 'i TELE.: (802) 862-9360 o �) : • • • .... • , \ 1 dtudhope0aol.com eyPtc ,o Ancy • / ................. REGISTERED LAND SURVEYOR 538 "^•ti0 �. ............................ SITE TECHNICIAN C B 230 SU ---_-�•% I I �. 3 / ... 1 9 MAY, 2016 Town of South Burlington Received for record 2016 Map Slide_________ At _______O'clock ________Minutes and Recorded in South Burlington, Vermont ATTEST:________________Town Clerk 48.98' ! I 30 0 13 30 60 120 SOUTH BURLINGTOWSCHOOL DIST. Spk�.10 �•- , SUBJECT PARCEL: N/F GLEN MOODY 2.16 ACRES OWNERS OF RECORD' GARDNER & SONS DEVELOPMENT CORP. VOL.1223 PGS. 22 PARCEL I.D.#0230-00039 ' PROPERTY PLAT DRAWN DATE For: Gardner & Sons D.P.C. 03121116 Development Corp. O'Brien & Birch Drs. APPROVED DATE D.A.T. South Burlington, Vt. SCALE SHEET PROJECT NO. 1" = 30' PL 983 &-Mal south purl ngt;in PLANNING & ZONING Permit Number SD- (office use only) APPLICATION FOR SUBDIVISION PLAT REVIEW [Z]Preliminary Final PUD Being Requested? [Z]Yes ❑No All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the plans will result in your application being rejected and a delay in the review before the Development Review Board. 1.OWNER(S) OF RECORD (Name(s) as shown on deed, mailing address, phone and fax #) Gardner & Sons Development Corp. (c/o Bradley Gardner) 269 Lakeshore Drive, Colchester, VT 05446. email: brad@Iivingvermont.com; phone:373-8661 2. LOCATION OF LAST RECORDED DEED (Book and page #) _Book 1223, Page 22 3. APPLICANT (Name, mailing address, phone and fax#) Same as Owner 4. CONTACT PERSON (Name, mailing address, phone and fax #) O'Leary Burke Civil Associates (David Burke), 13 Corporate Drive, Essex Jct., VT 05452. Phone (802) 878-9990 a. Contact email address: dwburke@olearyburke.com 5. PROJECT STREET ADDRESS: 3q-,Birefi-Street, South - Burlington, VT 05403 -- 6. TAX PARCEL ID # (can be obtained at Assessor's Office) 0230-00039 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802,846.4101 www.sburl com 7. PROJECT DESCRIPTION a. General Project Description (describe what you are proposing): A 1 Lot, 6 Unit PRD, comprised of 1 existing duplex unit, 1 proposed triplex unit, and 1 proposed single family home. The proposed triplex and single family home to be served by a proposed shared driveway off of O'Brien Drive. All lots to be served by municipal water and sewer. b. Existing Uses on Property (including description and size of each separate use): An existing duplex unit located off of Birch Street. c. Proposed Uses on property (include description and size of each new use and existing uses to remain): 1 proposed triplex ( 28' x 48' / unit), 1 proposed single family home (25' x 35') and 1 existing duplex (28' x 48' / unit) to remain. d. Total building square footage on property (proposed buildings and existing buildings to remain): Proposed Bldg. SF = 4,775 SF, Existing Bldg. SF = 2,650 SF, Total Bldg. SF = 7,425 SF e. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine): < 28' (pitched) f. Number of residential units (if applicable, new units and existing units to remain): 4 residential units proposed, 2 existing residential units to remain, 6 total residential unit. g. Number of employees (existing and proposed, note office versus non -office employees): N/A. Residential Proiect h. Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): Proposed access / utility easement on 20 O'Brien Drive Parcel. Existing 50' Wetland Buffer on the proposed parcel not to be impacted. List any changes to the subdivision, such as property lines, number of units, lot mergers, etc. 4 residential units proposed, 2 existing residential units to remain, 6 total residential unit. All Units to have individual "footprint lots". Subdivision Application Form. Rev. 12-2011 8. LOT COVERAGE (ALL information MUST be provided here, even if no change is proposed) a. Size of Parcel: 2.16 acres / 94,254 SF b. Building Coverage: Existing 2,826 Proposed 8,606 (acres /sq. ft.) square feet 3.0 square feet 9.1 c. Overall Coverage (building, parking, outside storage, etc): Existing 6,272 square feet 6.7 % Proposed 18,250 square feet 19.3 d. Front Yard Coverage(s) (commercial projects only): Existing N/A square feet N/A oho Proposed N/A square feet N/A 9. WETLAND INFORMATION a. Are there any wetlands (Class I, II, or III) on the subject property? ✓❑ Yes ❑ No b. If yes, is the proposed development encroaching into any of these wetlands associated 50' buffers (describe) No, there is no encroachment into the existing Class II wetland our its associated 50' buffer. c. If yes, please submit the following with this application: 1. A site specific wetland delineation of the entire property or a written statement that the applicant is relying on the City's wetland map. 2. Response to the criteria outlined in Section 12.02(E) of the Land Development Regulations (applicant is strongly encouraged to have a wetland expert respond to these criteria) 10. AREA DISTURBED DURING CONSTRUCTION: 28,720 SQ. FT. * *Projects disturbing more than one (1) acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one (1) acre require a permit from the Vermont Department of Environmental Conservation. 3 Subdivision Application Form. Rev. 12-2011 11. COST ESTIMATES a. Building (including interior renovations) $ 430,000 b. Landscaping: $ 6,250 (Please submit itemized list of landscaping proposed) c. Other site improvements (please list with cost) $50,000 for utilities, driveway and drainage improvments 12. ESTIMATED TRAFFIC a. P.M. Peak hour for entire property (In and out): 2 In, 1 Out 13. PEAK HOURS OF OPERATION: N/A Residential 14. PEAK DAYS OF OPERATION: N/A Residential 15. ESTIMATED PROJECT COMPLETION DATE: 2016 16. PLANS AND FEE Plat plans shall be submitted which shows the information required by the City's Land Development Regulations. Five (5) regular size copies, one reduced copy (11" x 17"), and one digital (PDF-format) copy of the plans must be submitted. A subdivision application fee shall be aid to the City at the time of submitting the application. See the City fee schedule for details. C NOTE: NOTIFICATION of ADJOINING PROPERTY OWNERS: Notification of adjoining property owners, in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations, is the responsibility of the applicant. After deeming an application complete, the Administrative Officer will provide the applicant with a draft meeting agendas or public hearing notice and sample certificate of service. The sworn certificate of service shall be returned to the City prior to the start of any public hearing. Subdivision Application Form. Rev. 12-2011 E I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. SIGNAT RE OF APPLICANT t40L /Ofy C 6/ PRINT NAME Do not write below this line DATE OF SUBMISSION: a /� I have reviewed this preliminary plat application and find it to be: Complete Incomplete The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call (802) 8 79-56 76 to speak with the regional Permit Specialist. Subdivision Application Form. Rev. 12-2011 ( O'Leary -Burke Civil Associates, PLC CIVIL ENGINEERING I REGULATORY AND PERMIT PREPARATION I LAND SURVEYING I CONSTRUCTION SERVICES I LAND USE PLANNING June 8, 2016 Mr. Ray Belair Zoning Administrator 575 Dorset Street So. Burlington, VT 05403 RE: Gardner Parcel A 1 Lot, 6 Unit PRD O'Brien Drive, South Burlington, VT Dear Ray: We are writing on behalf of Gardner & Sons Development Corp. (c/o Bradley Gardner) to request Development Review Board scheduling and review of the attached combined Preliminary / Final Plat proposal for a 1 Lot, 6 Unit PRD located at 37 Birch Street. The project was previously was presented to the Development Review Board at the Sketch Plan level on 2/16/2016. The project is located on a 2.16-acre lot and contains an existing duplex unit with access off of Birch Street. The proposal is to add an additional triplex unit and single family Unit on the western side of the parcel. There is an existing Class 2 Wetland that bisects the property from north to south. The proposed construction activities will not impact the existing wetland or its associated 50' wetland buffer. The Site Plan calls for a proposed 3' high split rail fence along the edge of the wetland buffer to delineate the buffer boundary and ensure that this area is not disturbed during, or after, construction. Both the triplex and single family unit will have access to O'Brien Drive through the use of a 20' shared driveway. The proposed triplex and single family Unit will be connected to municipal water and municipal sewer. An existing access/utility easement on the northern side of 20 O'Brien Drive has been previously recorded. Per comments received by the Fire Chief during Sketch Plan review, a sprinkler system will be installed in the proposed triplex. In addition, a no parking sign has been provided along the driveway and at the hammerhead. The attached proposal includes a landscape waiver from $12,100 to $6,250 and we request Staff / DRB support due to the Purpose of S 13.06 A. based on the preservation of approximately 1.2 acres of mature hardwood and softwood trees in the center of the parcel and S 13.06 G. Objectives being met by the preservation of trees and the proposed split rail fence ("Other Site Improvements"). The existing trees to be preserved are predominantly hemlocks, but also include white pine, maple, birch, ash and alder. Earthscapes, Inc. provided the landscape design and schedule resulting in the total proposed landscape cost of $6,250 (Please see Sheet 2). The approximate 1,050 If of split rail fence will cost approx. $10,500 and the 1.2 acres of preserved woods certainly has far beyond the total required Landscaping to more than support the $5,850 Waiver request. 13 CORPORATE DRIVE ESSEX JUNCTION VERMONT 05452 TEL 802 878 9990 1 FAX 802 878 9989 1 obca@olearyburke.com Mr. Ray Belair June 8, 2016 x_'_ 12 While responded to at the Sketch hearing, please find the following responses to the Sketch Staff Notes, comments received from the DRB or other modifications since Sketch: Table 1. Dimensional Requirements: Per the information on plan sheet 1, the maximum Building Coverage has increased to 9.1% as decks / patios were not previously shown, the actual Overall Coverage is 19.3%, Unit #3 has been shifted 5' forward to reduce the front yard setback to 70' and Triplex Unit 4,5,6 has been shifted 13' north, which increases the backyard setback to 50' (with the 10' deck / patio). Per red numbers 1— 5 of the Staff Report for Sketch, please find the following: A proposed 5' wide easement to the "City of South Burlington" is proposed to allow for continued foot travel between Birch Street and O'Brien Drive. The plans call for a total of 1,050 If of split rail fence along the Wetland Buffer. A letter from the project Attorney is included stating why Owners of the Fawley / Zhang parcel are not required. The proposed PUD will preserve 1.73 acres of the 2.16 acre parcel in Common Ownership (80%) of which 1.2 acres or 55.6% will be preserved woods. All Common Land will be protected by the Homeowner Association Documents. Certainly the proposal meets the PUD "Purpose" as it proposed multiple units on a single parcel. Preserves 80% of the land as Common Land, provides for infill development of the City's Core Area, provides an Easement for the walking path at the north side of the parcel, provides alternate housing options to the predominant single family neighborhood, proposes significant Landscaping and shared south facing "Garden Boxes" for future residents use. The proposed Units only require 39,500 s.f. (0.91 Acres) of land, as compared to the 2.16 acre parcel. 2. Per the comments to split the driveway serving Units 5 and 6, the Site Plan was revised and the Building Elevation was revised to also relocate the entry doors to provide increased driveway separation, A Front Elevation of the revised triplex is attached, as well as a more attractive garage door cut sheet. We are also providing information on Unit 3 (see item 4 reply below). 3. The applicant, Mr. Gardner, met with the Fire Department and has agreed to provide Residential Sprinklers for the proposed Triplex. The water service sizes have been increased to accommodate the same. In addition, the driveway alignment has been revised for ease of access and Plan sheet 1 calls for "No Parking" signage. 4. The attached Site Plan has been revised to show the 6' x 10' front porch and per former Chair Tim Barritt's comment, the proposed entry door is at the north end of the porch to provide some privacy to the nearby footpath. In addition, the attached Site Plan shows the detached two car garage for Unit #3. The rendering of Unit #3 also includes a section of fence / screening on the north side of the deck / patio for increased privacy from the footpath. 5. On 2/12/16, comments were forwarded from Dave Wheeler regarding stormwater. Please see below for our responses: Comment: The current sketch plan proposes 0.43 acres of total impervious surface. Should a future site plan propose 0.5, or more, acres of impervious surface, the applicant will need to meet the requirements of section 12.03 of the City's Land Development Regulations, as approved by the Planning Commission on November 10, 2015. Mr. Ray Belair June 8, 2016 -_.=' 13 Response: N/A, as the current proposal has a total impervious area of 0.45 acres which is less than the 0.5 acre trigger for stormwater controls. Comment: On a future submission indicate proposed site grading. Response: The proposed grading is depicted on Sheet 1— Site Plan. Comment: Include snow storage locations. Response: Snow stormwater locations are now shown on Sheet 1— Site Plan. Comment: The applicant will be required to provide a 20' easement centered on the existing 15" PE pipe located on the lot. Response: The existing 15" PE pipe has been realigned, and a 20' easement is now proposed over the storm sewer pipe. Please see Sheet 1— Site Plan and the Property Plat and the attached 3/24/16 confirmation e-mail from Dave Wheeler. Comment: Consider providing setback from adjoining Rec Path. Response: Dave acknowledges that this comment was outside of his review Scope. Regardless, the existing recreational path has been relocated to adjacent to the northern property line to gain as much separation from Unit #3 as possible. A 3' high split rail fence is now proposed along the northern property line to identify the property boundary. Comment: Include a detail for underground utility crossings. Response: A Separation Detail for Crossings is now shown on Sheet 4. In addition to the above, garbage will be required to be stored in the individual Unit garages and wheeled to the end of the Private Drive on Common pick-up day. Please find the following information for Staff and Development Review Board review and approval: 1. Preliminary and Final Plat Application; 2. Letter from Wick and Maddocks, dated 2/22/2016; 3. $1,376.00 Application Fee (Prelim = $500 base fee + $50/Lot x 4 Lots + $13 recording fee = $713, Final = $500 base fee + ($25 / 1st two units x 2 units) + ($50 / units 3-4 x 2 units) + $13 recording fee = $663 Total Prelim/Final = $713 + $663); 4. Abutters List; 5. March 24, 2016 e-mail chain — Dave Wheeler, Stormwater; 6. Unit #3 & 4,5,6 Elevations/Color Chip and Unit 4,5,6 Garage cut sheet; 7. Legal Documents; 8. ITE Trip Generation; 9. Five (5) full size and one (1) reduced, 11" x 17" copies of the Plan Set; 10. CD with Digital PDF of the Plan Set; Sincerely, David W. Burke Enc. cc: Brad Gardner Essex Junction Office Donald B. Maddocks, Esq. Lori J. Ruple, Esq. 1 Grove Street P.O. Box 8502 Essex, VT 05451-8502 Phone (802)872-8200 Fax (802)872-0472 E-mail: dmaddocks@comcast.net Wick�� MaddocksW&V� ATTORNEYS AT LAW Grove Street, Essex Junction, Vermont 05452 February 22 2016 Raymond Belair, Administrative Officer Dan Albrecht, Temporary Planner City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: Gardner & Sons Proposed 4 Unit Development O'Brien Drive Dear Ray and Dan, Burlington Office James H. Wick, Esq. Jeffrey J. Wick, Esq. 308 College Street P.O. Box 1336 Burlington, VT 05402-1336 Phone (802)658-3037 Fax (802)658-4918 E-mail:wickmadx@together.net I represent Brad Gardner in connection with the development of a 2.16 acre parcel off of O'Brien Drive. Prior to developing this parcel, Brad Gardner developed lot 10 of the original Dumont Development into a 2 Unit Condominium known as 20 O'Brien Drive Condominium. As part of the development of 20 O'Brien Drive, Brad specifically reserved an easement over a triangular portion to specifically benefit this 2.16 acre parcel for access and utilities. The reservation was documented in the Public Offering for 20 O'Brien Drive Condominium, which was given to each unit Buyer prior to entering into a contract, and was included in the Declaration of Condominium and Warranty Deeds to each unit owner and recorded in the South Burlington Land Records (copies are included in this correspondence). As such, it is my opinion that the owners of 20 O'Brien Drive Condominium do not have any vested interest in the easement that is proposed to benefit the 2.16 acre parcel presently being proposed for development of 4 units. Because the use of the easement area was never conveyed to 20 O'Brien Drive, I do not believe that the signature of the owners of 20 O'Brien Drive is necessary or appropriate, as they do not possess any legal interest in the easement to be utilized by the proposed development adjacent to their property. Sincerer, Donald B. Maddocks, Esq. DBM/ns enclosures Donald & Ann Irish 33 Birch Street South Burlington, VT 05403 Cory & Elizabeth Rossetti 18 O'Brien Drive South Burlington, VT 05403 Kent & Jacqueline Stevenson 17 O'Brien Drive South Burlington, VT 05403 South Burlington School District (c/o John Stewart) 550 Dorset Street South Burlington, VT 05403 Kent & Jacqueline Stevenson 17 O'Brien Drive South Burlington, VT 05403 Nancy Fawley 20 O'Brien Drive Unit A South Burlington, VT 05403 Dongyang Zhang 20 O'Brien Drive Unit B South Burlington, VT 05403 Andrew & Angelia Haag 22 O'Brien Drive South Burlington, VT 05403 Timothy Fluck 17 Lilac Lane South Burlington, VT 05403 Andrew Corologos 23 Lilac Lane South Burlington, VT05403 Timothy Voight 33 Lilac Lane South Burlington, VT 05403 Sandra Loyer 34 Lilac Lane, Apt. 2 South Burlington, VT 05403 Abutters List Gardner & Sons Development Corp. - 37 Birch Street 6/7/16 Michael Dupont 39 Lilac Lane South Burlington, VT 05403 Donna Jacobs 44 Lilac Lane South Burlington, VT 05403 Jeffrey & Ellen Grimes 49 Lilac Lane South Burlington, VT 05403 Gordon & Dorothy Wilkins 215 Crossfield Drive Colchester, VT 05446 Satyadeep Vajjala 13071 North Pennsylvania Street, Apt 2 Carmel, IN 46032-5410 Noni Stuart 69 Lilac Lane South Burlington, VT 05403 William & Caroline Edmunds Life Estate 70 Lilac Lane South Burlington, VT 05403 Laurie Gagne 74 Lilac Lane South Burlington, VT 05403 Keith & Marjorie Wallace 75 Lilac Lane South Burlington, VT 05403 Patricia Myette 85 Lilac Lane South Burlington, VT 05403 Christopher Hurd 91 Lilac Lane South Burlington, VT 05403 Glen Moody 20 Woodcrest Drive South Burlington, VT 05403 David Burke From: Dave Wheeler <dwheeler@sburl.com> Sent: Thursday, March 24, 2016 7:19 AM To: David Burke; Justin Rabidoux Cc: gardnerrealestate@yahoo.com; brad@livingvermont.com; Dan Heil Subject: RE: 2012-20: O'Brien Drive David, Yes, this is an acceptable solution. Thank you, Dave David P. `, heeler .ksststant Storrnivater Superintendent Department of Public Works 1► City of South Burlington (802)658-7961 Est. 113 Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential bylaw If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. From: David Burke[mailto:dwburke@olearyburke.com] Sent: Wednesday, March 23, 2016 5:19 PM To: Dave Wheeler <dwheeler@sburl.com>; Justin Rabidoux <iabidoux@sburl.com> Cc: gardnerrealestate@yahoo.com; brad@livingvermont.com; Dan Heil <dheil@olearyburke.com> Subject: FW: 2012-20: O'Brien Drive Dave: We just received our client's approval regarding the below and attached. While I trust this solution is a good solution to your previous review comment and our subsequent meeting, I am requesting confirmation, prior to moving forward with a full Design. Let us know — thanks! David From: David Burke Sent: Monday, March 07, 2016 9:20 AM To: bradC�livingvermont.com; 'gardnerrealestate@yahoo.com'; Rich Gardner (rich @livingyermont.com) Cc: Dan Heil Subject: 2012-20: O'Brien Drive Brad: As a follow-up to our conversation this weekend, the previously proposed 5.5 feet between the existing storm pipe and proposed Unit 3 Foundation at O'Brien Drive is not going to fly with DPW. Let me know, if you can shave anything off the 25' width of the Building, as even one foot or two would be good. I I'm attaching, what I think we should do — hopefully in addition to the building width being reduced a foot or two. I've rotated the Unit, show a new structure above the top of bank and outside of the wetland buffer, proposed a new storm line parallel to the new Unit 3 alignment to a second structure and then a new storm line connecting to the existing O'Brien Drive Catch Basin. This would provide 10' from the center of the pipe to the Unit 3 foundation or if you can reduce the Building width to 24', it would allow 10' from the edge of pipe and the sideline of the easement would be the same as the sideline of the "Footprint Lot". As we will need a Storm Design to gain City approval and would need an outfall or more likely overflow, this could be a Win — Win, as the attached would not require State Wetlands involvement. Let me know and I will follow-up with Dave Wheeler, copying Justin Rabidoux. David P.S. — See you tonight, Go Cats go! z Garage Doors - Sonoma Panel, White Finish Stockton III Windows Siding Colors: Norandex Woodsman Select Triplex - Tumbleweed Siding, Bordeaux Shutters Detached Single Unit - Sandstone Siding, Colonial Green Shutter SANDSTONE PPEMIUM COLON T TJHF L.Eir,IK.ED 08-Jun-16 ITE Trip Generation Rates - 8th Edition Pass -by rates from ITE Trip Generation Handbook - 2nd Edition Instructions: Enter Expected Unit Volumes Into Column •M' Description/ITE Code ITE Vehicle Trip Generation Rates Units (peak hours are for peak hour of adjacent street traffic unless highlighted) Expected Units Total Generated Trips Total Distribution of Generated Trips Weekdayl AM I PM JPass-ByJ AM In JAM Outl PM In I PM Out Daily AM Hour I PM Hour AM In AM Out Pass -By PM In PM Out Pass -By Single Farnity Homes 210 Du 9.57 0.75 1.01 25 % 75 % 63°h 37% 1.0 10 1 1 0 1 0 1 1 1 0 1 0 Resd.Condo/Townhouse230 Du 5.81 0.44 0.52 1 17% 83% 67% 33% 3.0 17 1 2 0 1 0 1 1 1 1 0 27 RED Rates = CAUTION - Use Carefully - Small Sample Size Green Rates = Peak Hour of Generator - (no peak rate for the rush hour of adjacent street traffic) Blue Rates = Saturday Daily total - (no weekday daily rate) 'Pass -By % are Rates from Weekay PM Peak Period 'The Total Pass -By Trips will be Distributed: 50% IN / 50 % OUT NA = Not Available KSF2 - Units of 1,000 square feet DU = Dwelling Unit Fuel Position = the number of vehicles that could be fueled simultaneously Occ.Room = Occupied Room 08-Jun-16 GA"NER CONSTRUCTION INC. 05RiEN DRIVE SOUTH BURLINGTON, VERMONT GARAGF FLFVATIONS GA"NER CONSTRUCTION INC. BR EN DR VE SOUTH 5URLIN3TON, VER`10NT RFAR F=VA'IIN GARDNER CONSIRGCIION INC. ^'6R °\ DR v= SOUTH GURLIN�TON, VER'IONT i sec PATH SIDE ELEVATION S ELEVATION GA"NER CONSTRUCTION INC. O'BRtN DR VE SOUTH BURLINGTON, VER`ONT sell MEIN som Neill Imi 11FITIFMM GARDNER CONSTRCCIION INC. 0'BR EN DR VE SOUTH BURLINGTON, VERMONT IT WI eaz ��ec FLOOR PLAN 2-21-2016 GARDNER CONS"I'RUCTION INC. O'BRIEN DRIVE SOUTH BURLINGTON, V=RMONT acz� aez—aao EGRESS WINDOW ® ® o O -F---) o n N n x rn � N D D z -{ ar � EGRESS WINDOW EGRESS WINDOW 2-21-2016 GARDNER CONSTRUCTION INC. ;; 13 RiEN ��iv� S'CTI; RU41_'NGTON, /-R-NT 7%\\ \\\ %\\ \\\ %\\ \\Oa 1............1 1....1 III mill11m,111,:::..1I I In :•.1 loll -111111IFFEi 0 il M w ��l F7m7 FRONT ELEVATION Gardner Construction Inc. O'Brien Drive South Burlington THREE UNIT SOUTH BURLINGTON P.G. CCr. ?I • t 3.=-:eG21 eb2-29I5 :C. CHEST-'R. V-05LLt 9100/9600 M 0 D E L CLASSIC STEEL Affordable steel door that offers more insulation and design options. i qpwpww-,- I I ON No F III I o!"IN MMMM 7n Sonoma oanet White finish. Stockton /11 windows DECLARATION OF COVENANTS, EASEMENTS, RESTRICTIONS AND LIENS IIC THE COMMONS AT O'BRIEN DRIVE Gardner and Sons Development Corporation, a Vermont Corporation with its principal place of business in the Town of Colchester, County of Chittenden and State of Vermont, (hereinafter referred to as "Declarant"), does hereby submit the real property in the City of South Burlington, Vermont described in Schedule A-1, pursuant to the provisions of 27A V.S.A. § 1-101 et seq., the Uniform Common Interest Ownership Act ("the Act"), amended 2009, No. 155, Adj. Session, effective January 1, 2012. ARTICLE I Definitions The following definitions shall control over the definitions in the Act. The definitions in the Act shall apply to terms not defined herein. In the Documents, the following words and phrases shall have the following meanings: Section 1.1 Act. The Common Interest Ownership Act, Title 27A of the Vermont Statutes Annotated, as the Act may be amended from time to time. Section 1.2 Allocated Interests. The common expense liability and votes in the Association. Section 1.3 Association. The Commons at O'Brien Drive Homeowners Association, Inc., a nonprofit Vermont Corporation, filed with the Vermont Secretary of State. Section 1.4 Bylaws. The Bylaws of the Association, as they may be amended from time to time. Section 1.5 Common Elements. Any real estate within a Planned Community owned or leased by the association other than the Units. Section 1.6 Common Expenses. Expenditures made by or financial liabilities of the association and any allocation of reserves for the operation of the Common Interest Community as set forth in Section 17.1 of the Declaration. Section 1.7 Common Interest Community. The name of the Common Interest Community is The Commons at O'Brien Drive. Section 1.8 Declarant. Gardner & Sons Development Corp., its successors and assigns. Section 1.9 Declaration. This document, including any amendments. Section 1.10 Development Rizhts. The rights reserved by the Declarant under Article VII of this Declaration to create Units, Common Elements and Limited Common Elements within the Common Interest Community, and add additional land to the Common Interest Community. Section 1.11 Director. A member of the Executive Board. Section 1.12 Documents. The Declaration, Survey and Plan recorded and filed pursuant to the provisions of the Act, and the Bylaws and the Rules as they may be amended from time to time. Any exhibit, schedule or certification accompanying a Document is a part of that Document. Section 1.13 Eligible Insurer. An insurer or guarantor of a first mortgage on a Unit which has notified the Association in writing of its name and address and that it has insured or guaranteed a first mortgage on a Unit. Such notice shall be deemed to include a request that the Eligible Insurer be given the notices and other rights described in Article XVI. Section 1.14 Eligible Mortgagee. The holder of a first mortgage on a Unit which has notified the Association in writing of its name and address and that it holds a first mortgage on a Unit. Such notice shall be deemed to include a request that the Eligible Mortgagee be given the notices and other rights described in Article XVI. Section 1.15 Executive Board. The body which has the power to act on behalf of the Association. Section 1.16 Improvements, Any construction or facilities existing or to be constructed on the land included in the Common Interest Community, including but not limited to, buildings, trees and shrubbery planted by the Declarant or the Association, paving, utility wires, pipes and light poles. Section 1.17 Limited Common Elements. A portion of the Common Elements allocated by the Declaration or by the operation of subsection (2) or (4) of 27A V.S.A. § 2-102 for the exclusive use of one (1) or more but fewer than 2 all of the Units. The Limited Common Elements of this Common Interest Community are described in Article V of this Declaration. Section 1.18 Mortgage. An interest in real property or personal property, created by contract or conveyance, which secures payment or performance of an obligation. Section 1.19 Notice and Comment. The right of Unit Owner to receive notice of an action proposed to be taken by or on behalf of the Association, and the right to comment thereon. The procedures for Notice and Comment are set forth in Section 22.1 of the Declaration. Section 1.20 Notice and Hearing. The right of a Unit Owner to receive notice of an action proposed to be taken by the Association, and the right to be heard thereon. The procedure for Notice and Hearing are set forth in Section 22.2 of this Declaration. Section 1.21 Person. An individual, corporation, limited liability company, limited liability partnership, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or other legal or commercial entity. In the case of a land trust, Aperson@ means the beneficiary of the trust rather than the trust or trustee. Section 1.22 Plan. The plan of land entitled "GARDNER PARCEL A 1 LOT, 6 UNIT PRD O"Brien Drive, South Burlington, VT" dated 12/22/15, last revised 01/21/16, prepared by O'Leary -Burke Civil Associates, PLC, recorded at Map Slide # of the City of South Burlington Land Records. Exhibit C includes the 27A VSA Section 2-209 Certification per the Act. Section 1.23 Property The land together with all improvements, easements, rights and appurtenances, which have been submitted to the provisions of the Act by this Declaration. Section 1.24 Rules. Rules for the use of Units and Common Elements and for the conduct of persons within the Common Interest Community, adopted by the Executive Board pursuant to this Declaration. Section 1.25 Unit. A physical portion of the Common Interest Community designated for separate ownership or occupancy, the boundaries of which are described in the Section 4.3 of this Declaration. Section 1.26 Unit Owner. The Declarant or other person who owns a Unit. Unit Owner does not include a person having an interest in the unit solely as security for an obligation. The Declarant is the initial owner of any Unit created by the Declaration. ARTICLE II 3 Name and Type of Common Interest Community and Association Section 2.1 Common Interest Community. The name of the Common Interest Community is The Commons at O'Brien Dive, and it is a planned community. Section 2.2 Association. The Commons at O'Brien Drive Homeowners Association, Inc. ARTICLE III Description of Land The Common Interest Community, which consists of six (6) Units, the land thereunder and including Common Elements, is situated in the City of South Burlington, Vermont and is located on land described in Schedule A-1. There will be a maximum of six (6) Units. ARTICLE IV Maximum Number of Units, Identification and Boundaries Section 4.1 Number of Units. The Common Interest Community contains six (6) Units Section 4.2 Identification of Units. The Units are depicted on the Overall Site Plan recorded at Map Slide # of the City of South Burlington Land Records and the Footprint Lot Property Plat recorded at Map Slide # of the City of South Burlington Land Records. The mailing addresses of the Units are as follows: 37 Birch Street # 1, 37 Birch Street # 2, 18 O'Brien Drive # 3, 18 O'Brien Drive # 4, 18 O'Brien Drive # 5, 18 O'Brien Drive # 6, South Burlington, VT 05403. Section 4.3 Boundaries. (a) The Units created by the Declaration are "Footprint Lot" units, with parametric boundaries as depicted on the FOOTPRINT LOT PROPERTY PLAT. All portions of the building that are constructed within the boundaries of each Footprint Lot shall belong to and be a part of the Footprint Lot upon which they are constructed provided, however, that as between two adjoining Units, the parametric boundary shall be the plane separating the two Units. Included with Detached Unit # 3 is a Detached Two Car Garage. The horizontal boundaries shall be the sky and the center of the earth. (b) Inclusions: Each Unit shall include the spaces and improvements lying within the boundaries described in subsection 4.3(a) above, including the land thereunder, and shall also contain any pipes, wires, ducts and conduits located on the Unit and serving only that Unit. (c) F,xclusions: Except when specifically included by other provisions of Section 4.3 the following are excluded from each Unit: the spaces and improvements lying outside of the boundaries described in subsection 4.3 (a) above. ARTICLE V Limited Common Elements Section 5.1 Limited Cominon Elements. The following portions of the Common Elements are Limited Common Elements assigned to the Units as stated: (a) If any chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other fixture lies partially outside the designated boundaries of a Unit, any portion thereof serving only that Unit is a Limited Common Element allocated solely to that Unit. (b) Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, and all exterior doors and windows or other fixtures designed to serve a single Unit, but located outside the Unit's boundaries, are Limited Common Elements allocated exclusively to that Unit. (c) Stoops and steps and walls above door openings at the entrances to each building, but outside the Unit's boundaries, which provide access to less than all Units, are Limited Common Elements, the use of which is limited to the Units to which they provide access. (d) Any attic space above a Unit and located outside of its boundaries is a Limited Common Element, the use of which is limited to the Unit beneath it. (e) Any stairway located outside the boundaries of a Unit is a Limited Common Element, the use of which is limited to the Units to which it gives access, unless otherwise designated on the Plan. (f) Any chimney located outside the boundaries of a Unit is a Limited Common Element, the use of which is limited to the Unit in which its fireplace is located. In the event of a multiple flue chimney, each flue is a Limited Common Element of the Unit containing its fireplace, while the chimney is the Limited Common Element of the Units it serves. (g) Any utility areas located outside the boundaries of a Unit are Limited Common Elements, the use of which is limited to the Unit or Units which they serve, unless otherwise designated on the Plan. (h) Exterior doors, windows and window assemblies, stormwindows and stormdoors, if any, which are located outside a Unit's boundaries are Limited Common Elements of the Unit which they service. (i) Any courtyards, patios or decks designed to serve a single Unit and driveways and parking areas in front of a Unit garage, any of which are located outside the boundaries of a Unit, are limited Common Elements of the Unit which they serve, except as otherwise designated on the Plan. 0) Those portions of any water and sewer pipes which are located outside a Unit's boundaries, commencing at shut-off valves and serving exclusively a single Unit, are Limited Common Elements allocated to that Unit. (k) Mailboxes, name plates and exterior lighting located on a building and outside a Unit's boundaries are Limited Common Elements allocated to the Units they serve. (1) Any encroachment into the Common Elements by any improvements to a Unit shall be a Limited Common Element allocated to that Unit. Section 5.2 Expenses Allocated to Limited Common Elements. Section 5.2.1 General Rule. Except as otherwise provided herein, Common Expenses associated with the cleaning, maintenance, repair or replacement of all Limited Common Elements will be assessed against all the Units, in accordance with their allocated Common Expense liability. Section S 2.2 When Unit Owner is Responsible for Limited Common Element Expenses. In the case of Units, the boundaries of which are their footprint, Common Expenses associated with the maintenance, repair or replacement of patios, decks, skylights, thresholds, doors and windows used by only one (1) Unit will be assessed only against the Unit to which the Limited Common Element is assigned. Any component or element which is installed by the Unit Owner and which was not originally installed by the Declarant shall be maintained, repaired or replaced by the Unit Owner. If an additional component or element to which the Executive Board consented becomes deteriorated or unsightly or is inconsistent with conditions of installation, then upon Notice and Hearing, it may be removed or repaired at the Unit Owner's expense. The cost of cleaning any chimney will be at the Unit Owner's expense. ARTICLE VI Maintenance, Repair and Replacement Section 6.1 Common Elements. The Association shall maintain, repair and replace the Common Elements, except the portions of any Limited Common Elements which are required by this Declaration to be maintained, repaired or replaced by the Unit Owners. Included in the Common Elements are Two Forced Main Pump Stations and associated equipment and structures. Section 6.1.1 Other Maintenance and ltepairs. The Association shall maintain, repair and replace the exteriors of all Units (including the siding, windows, exterior doors and roofs). Section 6.2 Units. Each Unit Owner shall maintain, repair and replace the interior of the Units and any Limited Common Elements as required by this Declaration. Section 6.3 Access. Any person authorized by the Executive Board shall have the right of access to all portions of the Property for the purpose of correcting any condition threatening a Unit or the Common Elements, and for the purpose of performing installations, alterations or repairs, and for the purpose of reading and replacing utility meters and related pipes, valves, wires, and equipment, provided that requests for entry are made in advance and that any such entry is at a time reasonably convenient to the affected Unit Owner. In case of an emergency, no such request or notice is required and such right of entry shall be immediate, whether or not the Unit Owner is present at the time. Section 6.4 Repairs Resulting from Negligence. Each Unit Owner shall reimburse the Association for any damages to the exterior of any Unit or to the Common Elements caused intentionally or negligently. The Association shall be responsible for damage to Units caused intentionally, negligently or by its failure to maintain, repair or make replacements to the exterior of the Units or to the Common Elements. m Section 6.5 Private Road. The roadway depicted on the Plan from O'Brien Drive to Units 3-6, and the roadway from Birch Street to units 1-2, shall be a private road maintained and repaired by the Association, until such time as it is accepted by the City of South Burlington, if ever. Section 6.6 Convevance of Common Elements to the Association. The Declarant will convey to the Association marketable title to the Common Elements by Warranty Deed for One Dollar ($1.00) and the Association will accept said title. Said conveyance of title shall be made by the Declarant at such time as Declarant's control of the Association terminates pursuant to Article VII. If not conveyed sooner, the Declarant will transfer title to the Association contemporaneous with the conveyance of the last Unit sold by the Declarant. ARTICLE VII Development Rights and Other Special Declarant Rights Section 7.1 Reservation of Development Rights. The Declarant reserves the following Development Rights: (a) The right to add to the Property any or all of the parcels shown on the Plan. (b) The right to construct, add to the Plan, own and sell up to a total of six (6) Units to be located on the Property substantially as shown on the Plan. (c) The right to construct underground utility lines, pipes, wires, ducts, conduits and other facilities across the land in The Commons at O'Brien Drive for the purpose of furnishing utility and other services to the buildings and improvements to be constructed on the land. The Declarant also reserves the right to grant easements to public utility companies and to convey improvements within those easements anywhere in the Common Interest Community for the above -mentioned purposes. The Declarant reserves the right to grant encroachment easements for any improvements on the Units which may encroach onto the Common Elements. If the Declarant grants any such easements, Schedule A-1 shall be amended to include reference to the recorded easement. Section 7.2 Limitations on Development Rights. The Development Rights reserved in Section 7.1 are limited as follows: (a) The Development Rights may be exercised at any time, but not more than twenty (20) years after the recording of the initial Declaration. (b) The quality of construction of any buildings and improvements to be created on the Property may, but need not be, consistent with the quality of those constructed pursuant to this Declaration as initially recorded. (c) All Units and Common Elements created pursuant to the Development Rights will be restricted to residential use in the same manner and to the same extent as the Units created under this Declaration as initially recorded. 7 Section 7.3 Phasing of Development Rights. Declarant will develop all Units as shown on the Plan in two (2) phases (one phase for the detached Unit # 3, including garage, and one phase for the Triplex Building containing Units 4-6). Section 7.4 Special Declarant Ri,„,hts. Declarant reserves the following Special Declarant Rights, to the maximum extent permitted by law, which may be exercised, where applicable, anywhere within the Common Interest Community: (a) To complete improvements indicated on the Plan filed with the City of South Burlington referenced in this Declaration or amendments thereto and any future amendments to the Plan. (b) To exercise any Development Right reserved in this Declaration. (c) To maintain sales offices, management offices, signs advertising the Common Interest Community and models. (d) To use easements through the Common Elements for the purpose of making improvements within the Common Interest Community. (e) To appoint or remove any officer of the Association or any Executive Board member during any period of Declarant control. Section 7.5 Models, Sales Offices and Management Offices. As long as the Declarant is a Unit Owner, the Declarant and its duly authorized agents, representatives and employees may maintain any Unit owned by the Declarant or any portion of the Common Elements as a model Unit or sales office or management office. Section 7.6 Construction; Declarant's Casement. The Declarant reserves the right to perform warranty work, and repairs and construction work, and to store materials in secure areas in Units and Common Elements, and the further right to control all such work and repairs, and the right of access thereto, until its completion. All work may be performed by the Declarant without the consent or approval of the Executive Board. The Declarant has such an easement through the Common Elements as may be reasonably necessary for the purpose of discharging the Declarant's obligations or exercising Special Declarant Rights, whether arising under the Act or reserved in this Declaration. Section 7.7 Signs and Marketing. The Declarant reserves the right to post signs and displays in any Units or the Common Elements to promote sales of Units, and to conduct any general sales activities, in a manner consistent with the law. Section 7.8 Declarant's Personal Property. The Declarant reserves the right to retain all personal property and equipment used in the sales, management, construction and maintenance of the premises that has not been represented as property of the Association. The Declarant reserves the right to remove from the Property any and all goods and improvements used in development, marketing and construction, whether or not they have become fixtures. Section 7.9 Declarant Control of the Association. (a) Subject to Subsection 7.9(b), there shall be a period of Declarant control of the Association, during which the Declarant, or persons designated by it, may appoint and remove the officers and members of the Executive Board. The period of Declarant control shall terminate no later than the earlier of- (i) Sixty (60) days after conveyance of all of the Units that may be created to Unit Owners other than the Declarant; (ii) Two (2) years after the Declarant has ceased to offer Units for sale in the ordinary course of business; (iii) The day the Declarant, after giving written notice to the Unit Owners, records an instrument voluntarily surrendering all rights to control the activities of the Association. The Declarant may voluntarily surrender the right to appoint and remove officers and members of the Executive Board before termination of that period, but in that event the Declarant may require, for the duration of the period of Declarant control, that specified actions of the Association or .Executive Board as described in a recorded instrument executed by the Declarant be approved by the Declarant before they become effective. (b) Not later than sixty (60) days after conveyance of twenty-five percent (25%) of the Units that may be created to Unit Owners other than Declarant, at least one (1) member and not less than twenty-five percent (25%) of the members of the Executive Board shall be elected by Unit Owners other than the Declarant. At least thirty-three and one-third percent (33.33%) of the Executive Board shall be elected by Unit Owners who are not the Declarants within sixty (60) days after fifty percent (50%) of the created Units is conveyed to Unit Owners other than the Declarant. (c) Before the termination of any period of Declarant control, the Unit Owners shall elect an Executive Board of a least three (3) members, at least a majority of whom shall be Unit Owners. The Executive Board shall elect the officers. The Executive Board members and officers shall take office upon election. (d) Notwithstanding any provision of this Declaration or the Bylaws, the Unit Owners, by a two-thirds (2/3) vote of all persons present and entitled to vote at any meeting of the Unit Owners at which a quorum is present, may remove any member of the Executive Board with or without cause, other than a member appointed by the Declarant. Section 7.10 Limitations on Special Declarant Rights. Unless sooner terminated by a recorded instrument executed by the Declarant, any Special Declarant Right maybe exercised by the Declarant until the earliest of the following events occur: (a) The Declarant is no longer obligated under any warranty or other obligation; (b) The Declarant no longer owns any Unit; (c) The Declarant no longer holds a mortgage on any Unit; or (d) Twenty-one (21) years after this Declaration is recorded. Section 7.11 Interference with Special Declarant Rights. Neither the Association nor any Unit Owner may take any action or adopt any rule that will interfere with or diminish any Special Declarant Right without the prior written consent of the Declarant. ARTICLE VIII Allocated Interests Section 8.1 Allocation of Interests. The table showing Unit numbers and their allocated interests is attached as Schedule A-2. The interests have been allocated in accordance with the formula set out in Section 8.2. Section 8.2 Formula for the Allocation of Interests. The interest allocated to each Unit has been calculated on the following formulas: Fractional Interest calculated with the numerator being one (1) and the denominator being the total number of Units in the Planned Community. (a) Liability for Common Expenses. The percentage share of liability for Common Expenses allocated is on the basis of one (1) share per Unit. Nothing contained in this Subsection shall prohibit certain expenses from being apportioned to particular Units under Article XVII of the Declaration. (b) Votes. Each Unit in the Common Interest .Community shall have one (1) equal vote. Any specified percentage, portion or fraction of Unit Owners, unless otherwise stated in the Documents, means the specified percentage, portion or fraction of all of the votes as allocated. Section 8.3 Binding Arbitration. In the event the Association is deadlocked in its vote(s) relative to an issue properly before it, including a vote for its Directors, the Association shall, within ten (10) days of a request from a member, refer the issue to the Association's last employed counsel who shall assist the members to attempt to work out an equitable resolution. In the event a resolution cannot be reached within thirty (30) days, counsel shall outline the issue(s) and refer the matter to a disinterested, experienced local real estate attorney who shall decide the issue(s) using the best interests of the Association as counsel's guiding principle. Counsel shall provide the members with a notice and opportunity to be heard on the issue(s) before making a decision in writing. Counsel's decision shall be final and binding on the Association. The Association shall bear the costs of this deadlock resolution process and its members shall contribute to the cost as a Common Expense. ARTICLE IX Restrictions on Use, Alienation and Occupancy Section 9.1 Use and Occupancy Restrictions. Subject to the Special Declarant Rights reserved under Article VII, the following use restrictions apply to all Units and to the Common Elements: (a) Each Unit is restricted to residential use and shall contain no more than one (1) residential dwelling. Each residential dwelling may be used only as a single-family residence including home professional pursuits not requiring regular visits from the public or unreasonable levels of mail, shipping, trash or storage. No sign indicating commercial or professional uses may be displayed outside a Unit. A single-family residence is defined as a single housekeeping unit, 10 operation on a non-profit, non-commercial basis between its occupants, cooking and eating with a common kitchen and dining area, with no more overnight occupants than two (2) per bedroom. Any home business pursuits shall have proper local City approvals. (b) In addition to the provisions of this Declaration, the use of the Common Elements is subject to the Bylaws and the Rules of the Association. (c) For any period during which any Common Expense Assessment remains unpaid or, after Notice and Hearing, for any period not to exceed thirty (30) days, for any infraction of its published Rules, the Executive Board may suspend the right to use Common Elements not necessary to give access to a public street. (d) The powers of the Board to regulate the use and occupancy of Units, including leasing, is described in Article 23.4. (e) Garages and carports are limited to occupancy for the storage of vehicles and accessory storage. No basketball hoops shall be allowed. (f) Except for those activities conducted as part of the marketing and development program of Declarant, and except for those activities described in Section 9.1(a) above, no industry, business, trade, commercial activity or other nonresidential use of a Unit is permitted in the Common Interest Community. No signs, window displays or advertising is permitted, except that a name plate or sign not exceeding eighteen (18) square inches in area, on each Unit may be maintained. No Unit maybe used or rented for transient, hotel or motel purposes. (g) A Unit Owner shall not cause or permit anything other than curtains, conventional draperies or holiday decorations to be hung, displayed or exposed at or on the outside of windows or Units without the prior consent of the Executive Board having jurisdiction over such matters. (h) A Unit Owner shall not paint, stain, or otherwise change the color of any exterior portion of any building without the prior consent of the Executive Board or any committee then established having jurisdiction over such matters. (i) A Unit Owner may not store recreational vehicles on the Property. 0) A Unit Owner may not convert garage spaces to living spaces, nor use them as primary storage areas. (k) Because of the potential impact of such activities on the marketing of Units, so long as the Declarant owns a Unit or holds any Development Right, the Declarant alone has the right to approve or disapprove the activities described in subsections (g) and (h) above. (1) No animals of any kind shall be raised, bred or kept in any Unit except that two dogs and/or domestic cats may be kept in a Unit provided that pets are not kept, bred or maintained for any commercial purposes; and further provided that any such pet causing or creating a nuisance or unreasonable disturbance or noise shall be permanently removed from the Unit upon notice from the Executive Board. (m) Each Unit and the Common Elements shall be subject to any restriction in this Declaration. Section 9.2 Restriction and Alienation. The following restriction on alienation applies to the Common Interest Community: 11 § 3619. (a) A Unit may not be conveyed pursuant to a time-sharing plan as defined under 32 V.S.A. ARTICLE X Easements and Licenses All easements or licenses to which the Common Interest Community is presently subject are recited in Schedule A-1 to this Declaration. In addition, the Common Interest Community may be subject to other easements or licenses granted by the Declarant pursuant to its power under Article VII of this Declaration. ARTICLE XI Allocation and Reallocation of Limited Common Elements Section 11.1 Allocation of Limited Common Elements Not Previously Allocated. The Declarant does not contemplate the allocation of any Limited Cornt-non Elements beyond those described in Section 5.2.2. ARTICLE XII Additions, Alterations and Improvements Section 12.1 Additions, Alterations and Improvements by Unit Owners. A Unit Owner with proper State and local permits and approvals and in compliance with this Declaration: (a) May make any improvements or alterations to the interior of his or her Unit that do not impair the structural integrity or mechanical systems or lessen the support of another part of the Common Interest Community. (b) May not change the appearance of the Common Elements or exterior of a Unit, or construct any structure on a Unit or any part of the Common Interest Community, without written permission of the Executive Board. (c) May submit a written request to the Executive Board for approval to do anything that he or she is forbidden to do under subsection 12.1(b). The Executive Board shall answer any written request for such approval, after Notice and Hearing, within ninety (90) days after the request thereof. Failure to do so within said time shall constitute a consent by the Executive Board to the proposed action. The Executive Board shall review requests in accordance with the provisions of its rules. The Unit Owner shall be solely responsible for obtaining State and local permits. (d) The Association shall receive thirty (30) day notice in writing by certified mail return receipt prior to the filing of any applications to any department or to any governmental authority for a pennit to make any addition, alteration or improvement in or to any Unit. Such notice will not, however, create any liability on the part of the Association or any of its members to any contractor, subcontractor or material man on account of such addition, alteration or improvement or to any person having any claim for injury to a person or damage to property arising therefrom. (e) All additions, alterations and improvements to the Units and Common Elements shall not, except pursuant to prior approval by the Executive Board, cause any increase in premiums of any insurance policies carried by the Association or by the Owner of any Units other than those affected by such change. 12 l (f) May not cut trees of any size located on Common Elements, and may not cut any live trees located on his or her Unit exceeding four (4) inches in caliper without the Executive Board's approval. (g) The provisions of this Article shall not apply to the Declarant in the exercise of any Special Declarant Right. Further, because of the potential impact of such activities on the marketing of Units, so long as the Declarant owns any Unit or holds any Development Right, the Declarant alone has the right to exercise the powers in this section. Section 12.2 Additions, Alterations and Improvements by Executive Board. Subject to any limitations of this Declaration, the Executive Board may make any additions, alterations or improvement to the Common Elements which, in its judgment, it deems necessary. ARTICLE XIII Amendments to Declaration Section 13.1 General. All amendments shall be made in accordance with the Act. Section 13.2 Special Declarant Rights. Provisions in the Declaration creating Special Declarant Rights may not be amended without the consent of the Declarant. Section 13.3 Consent of Mortgage 11olders. Amendments are subject to the consent requirements of Article XVI. ARTICLE XIV Amendment to Bylaws The Bylaws may be amended only by vote of two-thirds (2/3) of the members of the Executive Board, following Notice to all Unit Owners and Comment, at any meeting duly called for such purpose. ARTICLE XV Termination Termination of the Common Interest Community may be accomplished only in accordance with 27A V.S.A. § 2-118. 13 ARTICLE XVI Mortgagee Protection Section 16.1 Introduction. This Article establishes certain standards and covenants which are for the benefit of the holders, insurers and guarantors of certain mortgages. This Article is supplemental to, and not in substitution for, any other provisions of the Documents, but in the event of conflict, this Article shall control. Unless the Executive Board shall vote to suspend this provision, this Article shall be automatically amended to from time to time to be consistent with generally applicable requirements of the Federal National Mortgage Association governing mortgagee approval requirements. Section 16.2 Percentage of Eligible Mortgagces. Wherever in this Declaration the approval or consent of a specified percentage of Eligible Mortgagees is required, it shall mean the approval or consent of Eligible Mortgagees holding first mortgages on Units which in the aggregate have allocated to them such specified percentage of votes in the Association when compared to the total allocated to all Units then subject to first mortgages held by Eligible Mortgagees. Section 16.3 Notice of Actions. The Association shall give prompt written notice to each eligible Mortgagee and Eligible Insurer of: (a) Any condemnation loss or any casualty loss which affects a material portion of the Common Interest Community or any Unit in which there is a first security interest held, insured, or guaranteed by such Eligible Mortgagee or Eligible Insurer as applicable; (b) Any delinquency in the payment of Common Expense Assessments owed by an Owner whose Unit is subject to a first mortgage held, insured, or guaranteed, by such Eligible Mortgagee or Eligible Insurer, which remains unpaid for a period of ninety (90) days; (c) Any lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association; (d) Any proposed action which would require the consent of a specified percentage of Eligible Mortgagees as specified in Section 16.4; and (e) Any judgment rendered against the Association. Section 16.4 Consent Required. (a) Document Changes. The Declaration, including Plan, may be amended only by vote or agreement of Unit Owners of Units to which at least sixty-seven percent (67%) of the votes in the Association is allocated or any larger majority the Declaration specifies. The amendment must be approved in writing by at least fifty-one percent (51%) of the Eligible Mortgagees (or any greater Eligible Mortgagee approval required by this Declaration). The foregoing approval requirements do not apply to amendments effected by the exercise of any Development Right. Consent of an Eligible Mortgagee is deemed granted if no denial is received within thirty (30) days after the Eligible Mortgagee receives notice of the proposed changes. Material includes, but is not limited to, any provision affecting: (i) Assessments, assessment liens, or subordination of assessment liens; 14 a (ii) Voting rights; (iii) Reserves for maintenance, repair and replacement of Common Elements; (iv) Responsibility for maintenance and repairs; (v) Reallocation of interests in the Common Elements or Limited Common Elements except that when Limited Common Elements are reallocated by agreement between Unit Owners, only those Unit Owners and only the Eligible Mortgagees which hold mortgages on such Units must approve such action; (vi) Rights to use Common Elements and Limited Common Elements; (vii) Boundaries of Units except that when boundaries of only adjoining Units are involved, or a Unit is being subdivided, then only those Unit Owners and the Eligible Mortgagees holding mortgages on such Unit or Units must approve such action; (viii) Convertibility of Units into Common Elements or Common Elements into Units; (ix) Expansion or contraction of the Common Interest Community, or the addition, annexation or withdrawal of property to or from the Common Interest Community; (x) Insurance or fidelity bonds; (xi) Leasing of Units; (xii) Imposition of restrictions on a Unit Owner's right to sell or transfer his or her Unit; (xiii) Establishment of self -management when professional management had been required previously by an Eligible. Mortgagee; (xiv) Restoration or repair of the project after a hazard damage or partial condemnation in a manner other than that specified in the Documents; (xv) Termination of the Common Interest Community after occurrence of substantial destruction or condemnation; and (xvi) Any provision that expressly benefits mortgage holders, insurers or grantors. (b) Actions. Notwithstanding any lower requirement permitted by this Declaration or the Act, the Association may not take any of the following actions without approval of at least fifty-one percent (51 %) of the Eligible Mortgagees or such higher percentage as set forth herein: (i) The conveyance or encumbrance of the Common Elements or any portion thereof, as to which an eighty percent (80%) Eligible Mortgagee approval is required. The granting of easements for public utilities or for other public purposes consistent with the intended use of the Common Elements for the benefit of the Common Interest Community shall not be deemed a conveyance or encumbrance within the meaning of this clause; (ii) The establishment of self -management when professional management had been required previously by an Eligible Mortgagee; (iii) The restoration or repair of the Property after hazard damage or a partial condemnation in a manner other than that specified in the Documents; 15 (iv) The termination of the Common Interest Community, as to which a sixty-seven percent (67%) Eligible Mortgagee approval is required; (v) The alteration of any partition or creation of any aperture between adjoining Units when Units boundaries are not otherwise being affected, in which case only the owners of Units affected and Eligible Mortgagees of those Units need approve the action; (vi) The merger of this Common Interest Community with any other common interest community; (vii) The granting of any easements, leases, licenses and concessions through or over the Common Elements excluding, however, any utility easements serving or to serve the Common Interest Community and excluding any leases, licenses or concessions for no more than one (1) year; (viii) The assignment of the future income of the Association, including its right to receive Common Expense Assessments; and (ix) Any action taken not to repair or replace the Property. The foregoing consents do not apply to the exercise of any Development Right. (c) The Association may not change the period for collection of regularly budgeted Common Expenses Assessments to other than monthly without the consent of all Eligible Mortgagees. Section 16.5 Development Rights. No Development Rights may be voluntarily abandoned or terminated by the Declarant unless all persons holding security interests in the Development Rights consent to the abandonment or termination. Section 16.6 Inspection Iof Books. The Association shall permit any Eligible Mortgagee or Eligible Insurer to inspect the books and records of the Association during normal business hours. Section 16.7 Financial Statements. The Association shall provide any Eligible Mortgagee or Eligible Insurer which submits a written request, with a copy of an annual financial statement within ninety (90) days following the end of each fiscal year of the Association. Such financial statement shall be audited by an independent certified public accountant if any Eligible Mortgagee or Eligible Insurer requests it, in which case the Eligible Mortgagee or Eligible Insurer shall bear the cost of the audit. Section 16.8 Enforcement. The provisions of this Article are for the benefit of Eligible Insurers and Eligible Mortgagees, and their successors, and may be enforced by any of them by any available means, at law, or in equity. Section 16.9 Attendance at Meetinps. Any representative of an Eligible Mortgagee or Eligible Insurer may attend any meeting which a Unit Owner may attend. 16 ARTICLE XVII Assessment and Collection of Common Expenses Section 17.1 I)efinition of Common (?menses. Common Expenses shall include: (a) Expenses of administration, maintenance, and repair or replacement of the Common Elements and exteriors of the Units; (b) Expenses declared to be Common Expenses by the Documents or by the Act; (c) Expenses agreed upon as Common Expenses by the Association; and (d) Such reserves as may be established by the Association, whether held in trust or by the Association, for repair, replacement or addition to the Common Elements, the exteriors of the Units, or any other real or personal property acquired by the Association., Section 17.2 Apportionment of Common Expenses. Except as provided in Section 17.3, all Common Expenses shall be assessed against all Units in accordance with their percentage interest in the Common Expenses as shown on Schedule D to this Declaration. Section 17.3 Common Expenses Attributable to Fewer Than All Units. (a) Any Common Expense for services provided by the Association to an individual Unit at the request of the Unit Owner shall be assessed against the Unit which benefits from such services. (b) Any insurance premium increase attributable to a particular Unit by virtue of activities or construction of the Unit shall be assessed against the Unit. (c) Assessments to pay a judgment against the Association maybe made only against the Units in the Common Interest Community at the time the judgment was rendered, in proportion to their Common Expense liabilities. (d) If any Common Expense is caused by the misconduct of a Unit Owner, the Association may, after Notice and Hearing, assess that expense exclusively against his or her Unit. (e) Fees, charges, late charges, fines and interest charged against a Unit Owner pursuant to the Documents and the Act are enforceable as Common Expense Assessments. (f) Any expense incurred by the Executive Board and/or the Association on behalf of a Unit Owner or as a result of a Unit Owner's failure to perform any of the obligations under Section 6.2 hereof is a Common Expense. Section 17.4 Lien. The Association has a statutory lien on a Unit in accordance with the Act and shall accept the benefits of the Act related thereto unless otherwise stated herein. Section 17.5 Midget Adoption and Ratification. Within thirty (30) days after the adoption of any proposed budget for the Common Interest Community, the Executive Board shall provide a summary of the budget to all Unit Owners. The 17 Board shall set a date, not less than fourteen (14) or more than thirty (30) days after the date the budget summary is sent to the Unit Owners, for a meeting of the Unit Owners to ratify the budget. The budget shall be ratified and shall be in effect until the Unit Owners ratify a new budget proposed by the Executive Board. Section 17.6 Notice and Comment By Unit Owners for Non -budgeted Common Expenses and Assessments. If the Executive Board votes to levy a Common Expense Assessment not included in the current budget, other than one enumerated in Section 17.3 of this Declaration, in an amount greater than fifteen percent (15%) of the current annual operating budget, the Executive Board shall submit such Common Expense to the Unit Owners for Notice and Comment in the same manner as a budget under Section 17.5. Section17.7 Certificate of Payment of Common Expenses. The Association, on written request, shall furnish to a Unit Owner a statement in recordable form setting forth the amount of unpaid Assessments against the Unit. The statement shall be furnished within ten (10) business days after receipt of the request and is binding on the Association, the Executive Board and every Unit Owner. Section 17.8 Monthly Payment of Common Expenses. All Common Expenses assessed under Sections 17.2 and 17.3 shall be due and payable monthly. Section 17.9 Personal Liability of Unit Owners. The Owner of a Unit at the time a Common Expense Assessment or portion thereof is due and payable is personally liable for the Assessment. Personal liability for the Assessment shall not pass to a successor in title to the Unit unless he or she agrees to assume the obligation. ARTICLE XVIII Right to Assign Future Income The Association may assign its future income, including its right to receive Common Expense Assessments, only by the affirmative vote of Unit Owners of Units to which at least fifty-one percent (51 %) of the votes in the Association are allocated, at a meeting called for that purpose. ARTICLE XIX Persons and Units Subject to Documents Section 19.1 Comoliance with Documents. All Unit Owners, tenants, mortgagees, and occupants of the Units shall comply with the Documents. The acceptance of a deed or the exercise of any incident of ownership or entering into of a lease or entering into occupancy of a Unit constitutes agreement that the provisions of the Documents are accepted and ratified by such Unit Owner, tenant, mortgagee or occupant. All such provisions recorded in the t.and Records of the City of South Burlington are covenants running with the land and shall bind any persons having at any time any interest or estate in such Unit. 18 l Section 19.2 Adoption of Rules. The Executive Board may adopt Rules regarding the use and occupancy of Units, Common Elements and Limited Common Elements, if any, and the activities of occupants, subject to Notice and Comment. ARTICLE XX Insurance Section 20.1 Coverage. To the extent reasonably available, the Executive Board shall obtain and maintain insurance coverage as set forth in Sections 20.2, 20.3, 20.4, 20.5, 20.6, 20.7 and 20.8 of this Article. If such insurance is not reasonably available, and the Executive Board determines that any insurance described herein will not be maintained, the Executive Board shall cause notice of that fact to be hand delivered or sent postage prepaid by the United States mail to all Unit Owners and Eligible Mortgagees at their respective last known addresses. Section 20.2 Property Insurance. (a) Property to be Covered. (i) The project facilities (which term means all structures on the Common Elements, but excluding land, excavations, portions of foundations below the undersurface of the lowest basement floor, underground pilings, piers, pipes, flues and drains and other items normally excluded from property policies); and (ii) All personal property owned by the Association, to the extent it is commonly insured by the Association. (iii) Property insurance covering the buildings within each footprint Iot based upon the Unit as originally constructed by the Declarant. Insurance will be in an amount sufficient to cover the replacement cost of each Unit. Coverage of any additions and/or alterations made by a Unit Owner will be the responsibility of each individual Unit Owner. (b) Amounts. The project facilities shall be insured for an amount equal to one hundred percent (100%) of their replacement cost at the time the insurance is purchased and at each renewal date, less reasonable deductibles. The Executive Board is authorized to obtain appraisals periodically for the purpose of establishing said replacement cost of the project facilities and the actual cash value of the personal property, and the cost of such appraisals shall be a Common Expense. (c) Risks tnsured Against. The insurance shall afford protection against "all risks" of direct physical loss commonly insured against. (d) Other Provisions. Insurance policies required by this Section shall provide that: (i) The insurer waives its right to subrogation under the policy against the Unit Owner or members of his or her household. (ii) No act of omission by any Unit Owner, unless acting within the scope of his or her authority on behalf of the Association, will void the policy or be a condition to recovery under the policy. 19 l (iii) If, at the time of a loss under the policy, there is other insurance in the name of the Unit Owner covering the same risk covered by the policy, the Association's policy provides primary insurance. (iv) Any loss shall be adjusted with the Association. (v) Insurance proceeds shall be paid to any insurance trustee designated in the policy for that purpose, and, in the absence of such designation, to the Association, in either case to be held in trust for each Unit Owner and such Unit Owner's mortgagee, to the extent that any Unit is affected by the loss and providing no other insurance is available for same. (vi) The insurer may not cancel or refuse to renew the policy until thirty (30) days after notice of the proposed cancellation or non -renewal has been mailed to the Association, each Unit Owner and each holder of a security interest to whom a certificate or memorandum of insurance has been issued, at their respective last known address. (vii) The name of the insured shall be substantially as follows: Orchards 16 Homeowners Association, Inc. Section 20.3 Liability Insurance. Liability insurance, including medical payments insurance, in an amount determined by the Executive Board but in no event less than one million dollars ($1,000,000.00) covering all occurrences commonly insured against for death, bodily injury and property damage arising out of or in connection with the use, ownership or maintenance of the Common Elements. (a) Other Provisions. Insurance policies carried pursuant to this Section shall provide that: (i) Each Unit Owner is an insured person under the policy to the extent of liability, if any, arising out of his or her interest in the Common Elements or membership in the Association; (ii) The insurer waives its rights to subrogation under the policy against any Unit Owner or member of his or her household; (iii) No act or omission by any Unit Owner, unless acting within the scope of his or her authority on behalf of the Association, will void the policy or be a condition to recovery under the policy; (iv) If, at the time of a loss under the policy, there is other insurance in the name of a Unit Owner covering the same risk covered by the policy, the Association=s policy provides primary insurance; (v) The insurer may not cancel or refuse to renew the policy until thirty (30) days after notice of the proposed cancellation or non -renewal has been mailed to the Association, each Unit Owner and each holder of a security interest to whom a certificate or memorandum of insurance has been issued, at their respective last known address. 20 Section 20.4 Fidelity Bonds. A blanket fidelity bond for anyone who either handles or is responsible for funds held or administered by the Association, whether or not they receive compensation for their services may be procured. Any such bond shall name the Association as obligee and shall cover the maximum fiends that will be in the custody of the Association or the manager at any time while the bond is in force, and in no event less than the sum of three (3) months Assessments plus reserve funds. The bond shall include a provision that calls for thirty (30) days written notice to the Association before the bond can be canceled or substantially modified for any reason; except that if cancellation is for non-payment of premiums, only ten (10) days notice shall be required. Section 20.5 Workers' Comtensation Insurance. As determined appropriate by the Executive Board, it may obtain and maintain Workers' Compensation Insurance to meet the requirements of the laws of the State of Vermont. Section 20.6 Directors and Officers Liability Insurance. As determined appropriate by the Executive Board, it may obtain and maintain directors, officers and managers liability insurance, if available, covering all of the Directors and officers of the Association in such limits as the Executive Board may, from time to time, determine. Section 20.7 Other Insurance. The Association may carry other insurance which the Executive Board considers appropriate by the Executive Board to protect the Association or the Unit Owners, including casualty insurance on some or all of the Units, if the Board determines at any time to do so. Section 20.8 Premiums. Insurance premiums shall be a Common Expense. Insurance premiums on any insurance the Association may carry on Units shall be paid for by the owners of those Units, in proportion to the relative replacement costs of the insured Units. ARTICLE XXI Damage to or Destruction of Property Section 21.1 Duty to Restore. Any portion of the Property for which insurance is required or for which insurance carried by the Association is in effect, whichever is more extensive, shall be repaired or replaced promptly by the Association unless: (a) The Common Interest Community is terminated; (b) Repair or replacement would be illegal under any State or local statute or ordinance governing health or safety; or (c) Eighty percent (80%) of the Unit Owners, including every owner of a Unit or assigned Limited Common Element that will not be rebuilt, vote not to rebuild. Section 2 L2 Cost. The cost of repair or replacement in excess of insurance proceeds shall be a Common Expense. 21 Section 21.3 Plan. The Property must be repaired and restored in accordance with either the original Plan and specifications or other plans and specifications which have been approved by the Executive Board, a majority of the Unit Owners and fifty-one percent (51%) of Eligible Mortgagees, and in accordance with proper State and local permits and approvals and any amendments thereto. Section 21.4 1Zeplacenient of Less Than Entire Property. The insurance proceeds attributable to the damaged area shall be disbursed for the repair or restoration of the damaged area to a condition compatible with the remainder of the Common Interest Community and the balance shall be distributed to the Association. Section 21.5 Insurance Proceeds. The insurance trustee, or if there is no insurance trustee, then the Association, shall hold any insurance proceeds in trust for the Association, Unit Owners and lien holders as their interests may appear. Subject to the provisions of subsection 21.1(a) through subsection 21. l (c), the proceeds shall be disbursed first for the repair or restoration of the damaged Property, and the Association, Unit Owners and lien holders are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the Property has been completely repaired or restored, or the Common Interest Community is terminated. Section 21.6 Certificates by the Executive Board. Board: A trustee, if any, may rely on the following certifications in writing made by the Executive (a) Whether or not damaged or destroyed Property is to be repaired or restored; and (b) The amount or amounts to be paid for repairs or restoration and the names and addresses of the parties to whom such amounts are to be paid. Section 21.7 Certificates by Attorneys. If payments are to be made to Unit Owners or mortgagees, the Executive Board, and the trustee, if any, shall obtain and may rely on an attorney's certificate of title based on a search of the Land Records of the City of South Burlington, from the date of the recording of the original Declaration stating the names and the Unit Owners and the mortgagees. ARTICLE XXII Rights to Notice and Comment; Notice and Hearing Section 22.1 Right to Notice and Comment. Before the Executive Board amends the Bylaws or the Rules, whenever the Documents require that an action be taken after "Notice and Comment," and at any other time the Executive Board determines, the Unit Owners have the right to receive notice of the proposed action and to comment orally or in writing. Notice of the proposed action shall be given to each Unit Owner in writing and shall be delivered personally or by mail to all Unit Owners at such address as appears in the records of the Association, or published in a newsletter or similar publication which is routinely circulated to all Unit Owners. The notice shall be given not less than five (5) days before the proposed action is to be taken. The right to Notice and Comment does not entitle a Unit Owner to be heard at a formally constituted meeting. 22 Section 22.2 Riaht to Noticc and I learine. Whenever the Documents require that an action be taken after "Notice and Hearing," the following procedure shall be observed. The party proposing to take the action (e.g. the Executive Board, a committee, an officer, the manager, etc.) shall give written notice of the proposed action to all Unit Owners or occupants of Units whose interest would be significantly affected by the proposed action. The notice shall include a general statement of the proposed action and the date, time and place of the hearing. At the hearing, the affected person shall have the right, personally or by a representative, to give testimony orally, in writing or both (as specified in the notice), subject to reasonable rules of procedure established by the party conducting the meeting to assure a prompt and orderly resolution of the issues. Such evidence shall be considered in making the decision but shall not bind the decision makers. The affected person shall be notified of the decision in the same manner in which notice of the meeting was given. Section 22.3 Appeals. Any person having a right to Notice and Hearing shall have the right to appeal to the Executive Board from a decision of persons other than the Executive Board by filing a written notice of appeal with the Executive Board within ten (10) days after being notified of the decision. The Executive Board shall conduct a hearing within thirty (30) days, giving the same notice and observing the same procedures as were required for the original meeting. ARTICLE XXIII Executive Board Section 23.1 Minutes of Executive Board Meetin The Executive Board shall permit any Unit Owner to inspect the minutes of Executive Board meetings during normal business hours. The minutes shall be available for inspection within fifteen (15) days after any such meeting. Section 23.2 Powers and Duties. The Executive Board may act in all instances on behalf of the Association, except as provided in this Declaration, the Bylaws or the Act. The Executive Board shall have, subject to the limitations contained in this Declaration and the Act, the powers and duties necessary for the administration of the affairs of the Association and of the Common Interest Community which shall include, but not be limited to, the following: (a) Adopt and amend Bylaws and Rules; (b) Adopt and amend budgets for revenues, expenditures and reserves; (c) Collect assessments for Common Expenses from Unit Owners; (d) Hire and discharge managing agents; (e) Hire and discharge employees and agents, other than managing agents, and independent contractors; (f) Institute, defend or intervene in litigation or administrative proceedings in the Association's name on behalf of the Association or two (2) or more Unit Owners on matters affecting the Common Interest Community; (g) Make contracts and incur liabilities; 23 (h) Regulate the use, maintenance, repair, replacement and modification of the Common Elements; (i) Acquire, hold, encumber and convey in the Association's name any right, title or interest to real property or personal property, but Common Elements maybe conveyed or subjected to a security interest only pursuant to 27A V.S.A. § 3-112; 0) Grant easements for any period of time, including permanent easements, and leases, licenses and concessions for no more than one (1) year, through or over the Common Elements; (k) Impose and receive payments, fees or charges for the use, rental or operation of the Common Elements, other than Limited Common Elements described in 27A V.S.A. § 2-108(2) and (4), and for services provided to Unit Owners; (1) Impose charges or interest or both for late payment of Assessments and, after Notice and Hearing, levy reasonable fines for violations of this Declaration, and the Bylaws, and Rules of the Association; (m) Impose reasonable charges for the preparation and recordation of amendments to this Declaration, resale certificates required by 27A V.S.A. § 4-109(b) or statements of unpaid Assessments; (n) Provide for the indemnification of the Association's officers and Executive Board and maintain directors and officers liability insurance; (o) Assign the Association's right to future income, including the right to receive Common Expense Assessments; (p) Exercise any other powers conferred by this Declaration or the Bylaws; (q) Exercise all other powers that may be exercised in this State by legal entities of the same type as the Association; (r) Exercise any other powers necessary and proper for the governance and operation of the Association; and (s) By resolution, establish committees of Directors, permanent and standing, to perform any of the above functions under specifically delegated administrative standards, as designated in the resolution establishing the committee. All committees must maintain and publish notice of their actions to Unit Owners and the Executive Board. However, actions taken by a committee may be appealed to the Executive Board by any Unit Owner within forty-five (45) days of publication of such notice, and such committee action must be ratified, modified or rejected by the Executive Board at its next regular meeting. Section 23.3 Executive Board Limitations. The Executive Board may not act on behalf of the Association to amend this Declaration, to terminate the Common Interest Community or to elect members of the Executive Board or determine the qualifications, powers and duties, or terms of office of Executive Board members, but the Executive Board may fill vacancies in its term. Section 23.4 Authority of the Executive Board to Regulate Uses of Residential Dwellings. In addition to the powers granted to it by other sections of the Declaration, the Executive Board may, from time to time: (a) Act reasonably to prevent any use, behavior or activity in any residential dwelling which is a part of a Unit, including any use, behavior or activity by a tenant or other occupant of a P>> Unit, or the presence of pets in Units, which either (i) violates this Declaration, as amended from time to time, or (ii) adversely affects the use and enjoyment of other Units and the Common Elements by other Unit Owners; and (b) After Notice and Comment, adopt reasonable rules restricting the leasing of the Units so long as those rules are designed to meet then current underwriting requirements adopted by institutional lenders who either (i) regularly lend money secured by first mortgages on units in common interest communities in this State, or (ii) regularly purchase such mortgages. Otherwise, the Executive Board may not regulate any activity inside any Unit which does not also affect the Common Elements. ARTICLE XXIV Condemnation If part or all of the Common Interest Community is taken by any power having the authority of eminent domain, all compensation and damages for and on account of the taking shall be payable in accordance with 27A § 2-1 18(a). ARTICLE XXV Miscellaneous Section 25.1. Captions. The captions contained in the Documents are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of the Documents or the intent of any provision thereof. Section 25.2 Gender. The use of the masculine gender refers to the feminine and neuter genders and the use of the singular includes the plural, and vice versa, whenever the context of the Documents so requires. Section 25.3 Waiver. No provision contained in the Documents is abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur. Section 25.4 Invalidity. The invalidity of any provision of the Documents does not impair or affect in any manner the validity, enforceability or effect of the remainder, and in such event, all of the other provisions of the Documents shall continue in full force and effect. Section 25.5 Conflict. The Documents are intended to comply with the requirements of the Act. In the event of any conflict between the Documents and the provisions of the statutes, the provisions of the statutes shall control. In the event of any conflict between the Declaration and any other Documents, this Declaration shall control. P-M ARTICLE XXVI Changes in Law Section 26.1 Changes in the Act. Many provisions of this Declaration and in the Bylaws repeat exactly or substantially the same rule or outcome in a particular instance as that required by the Act on the date this Declaration was recorded, or repeat the same rule which the Act would impose as a default rule if the Declaration or Bylaws were silent on that subject. As an example only, this Declaration repeats nearly word for word the powers granted by the Act to an Executive Board, even though those powers maybe limited by the Declaration, and even though those powers have been varied to some extent by sections of the Declaration. The Declarant anticipates the possibility that the Act will be amended from time to time to reflect contemporary thinking and experience regarding the structure and governance of common interest communities. Declarant believes it is in the best interest of the Unit Owners at Orchards 16 Planned Community that the Property might always be governed in accordance with the most current provisions of the Act, subject to the right in any particular case of the Unit Owners and the Executive Board to vary that outcome by adopting a rule or amendment to the Declaration in the manner provided for such amendments. Accordingly, this Section directs that, in the future and from time to time, in all instances where this Declaration or the Bylaws contain language that precisely or substantially tracts the Act on the date that Orchards 16 Planned Community is declared, this Declaration and the Bylaws shall be automatically amended in accordance with the amended cognate language of the Act which may be adopted by the General Assembly, unless the particular language of the Declaration or Bylaws, either as initially adopted or as amended at any subsequent time by the Association, is substantially at variance with the amended text of the Act. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed this day of , 2016. Gardner & Sons Development Corp. By: Bradley C. Gardner, Duly Authorized Agent STATE OF VERMONT CHITTENDEN COUNTY, SS. At in said t'witity and State, this day of 2016, personally appeared Bradley C. Gardner, Duly Authorized Agent of Gardner & Sons Development Corp. and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed and the free act and deed of Gardner and Sons Development Corp. Before me, Notary Public My Commission Expires: 02/10/2019 26 SCHEDULE A-1 Description Being all and the same lands and premises conveyed to Gardner & Sons Development Corp. by Trustee's Deed of Nancy J. Olin, Trustee of the Robert H. Dumont Family Trust, u/t/a dated January 19, 1994, said Deed dated July 3, 2014, recorded in Volume 1223 at pages 22-24 of the City of South Burlington Land Records. Also being all and the same lands conveyed by Easement Deed of Gardner Construction Inc. to Gardner & Sons Development Corp. dated , 2016, recorded in Volume at Pages of the City of South Burlington Land Records. Being a parcel of land as shown and identified as Existing Parcel 2.16 Acres on a survey entitled: "GARDNER PARCEL A 1 LOT, 6 UNIT PRD", dated 12/22/15, last revised 01/21/16, recorded at Slide # of the City of South Burlington Land Records. Also included is a triangular easement measuring 90' by 74' by 121.8 over the lands and premises known as 20 O'Brien Drive, as depicted on the above referenced Plan. Said lands and premise are subject to or benefitted by the following: May be subject to a Utility Easements in favor of Vermont Gas Systems, Inc., dated April 3, 2006, recorded in Volume 747 at Page 677, and by deed dated August 27, 2014, recorded in Volume 1232 at page 265 of said Land Records. 2. May be subject to a utility easements in favor of Green Mountain Power Corporation dated June 17, 1969, recorded in Volume 89 at Page 216; dated May 24, 1973, recorded in Volume 109, page 334; dated September 29, 1965, recorded in Volume 69 at page 230; dated January 13, 1967, recorded in Volume 69 at page 399; dated August 9, 1968, recorded in Volume 89 at Page 55; dated September 19, 1984, recorded in Volume 207 at Page 511 of said Land Records., recorded in Volume 109 at Page 364. May be subject to a Drainage Agreement on property west of Hinesburg Road, dated August 17, 1964, recorded in Volume 69 at page 44 of said Land Records. 4. State of Vermont Wastewater System and Potable Water Supply Permit WW-$-4198, dated March 24, 2014, recorded in Volume 1211, at page 104 of the City of South Burlington Land Records. 5. Easement for ingress and egress over a portion of 20 O'Brien Drive and described in the Easement Deed of Garner Construction, Inc. dated , 2016, recorded in Volume , at page , of said Land Records. 27 EXHIBIT B Site Plan Gardner Parcel A 1 Lot, 6 Unit PRD, O'Brien Drive, South Burlington, VT, prepared by O'Leary -Burke Civil Associates, PLC, dated December 22, 2015, last revised January 20, 2016, recorded at Map Slide of the City of South Burlington Land Records. FOOTPRINT LOT PROPERTY PLAT TO BE PRODUCED 28 EXHIBIT C CERTIFICATION OF FOOTPRINT LOT PROPERTY PLAT I, Paul O'Leary, an independent professional engineer, hereby certify that to the best of my knowledge, the plan entitled: TO BE PRODUCED prepared by O'Leary -Burke Civil Associated dated , 2016, recorded at Map Slide # of the City of South Burlington Land Records, together with the terms and conditions included in the Declaration of Covenants, Easements, Restrictions and Liens for The Commons at O'Brien Drive, complies with requirements of 27A VSA Section 2-109. Dated this day of , 2016. Paul O'Leary, P.E. 29 EXHIBIT D Schedule of Allocated Interests Allocated Interest Per Unit Unit Number Votes and Membership in The Commons at O'Brien Drive Homeowners Association, Inc. # 1 — 37 Birch Street #2 — 37 Birch Street #3 — 18 O'Brien Drive #4 —18 O'Brien Drive #5 — 18 O'Brien Drive #6 — 18 O'Brien Drive TOTAL 6 30 J Im WICK & MADDOCKS Attorneys at Lew P.O. Box 8502 Essex, VT 05451-8502 EASEMENT DEED KNOW ALL PERSONS BY THESE PRESENTS, that Gardner Construction, Inc., a Vermont Corporation, with its principal place of business in the Town of Colchester, County of Chittenden and State of Vermont, Grantor, in consideration of One Dollar, and other valuable consideration, the receipt and satisfaction of which are hereby acknowledged, to i1 paid by the Gardner & Sons Development Corp., a Vermont Corporation, with its principal place of business in the Town of Colchester, County of Chittenden and State of Vermont, Grantee, hereby GIVE, GRANT, SELL, CONVEY and CONFIRM unto the said Grantee, Gardner & Sons Development Corp., and its successors and assigns forever, a perpetual easement on and through property in the City of South Burlington, County of Chittenden and State of Vermont, described as follows: Being a portion of the land and premises conveyed to Gardner Construction, Inc. by Trustee's Deed of Nancy J. Olin, Trustee of the Robert H. Dumont Family Trust u/t/a dated January 19, 1994, said Deed dated July 6, 2012, recorded in Volume 1107 at Pages 48-50 of the City of South Burlington Land Records. Being that easement area reserved by the Grantor herein in its Warranty Deed to Dongyang Zhang dated March 21, 2014, recorded in Volume 1209 at Page , the Warranty Deed to Nancy F. Fawley dated July , 2015, recorded in Volume at Page , and reserved in the Declaration of the 20 O'Brien Drive Condominium dated March 21, 2014, recorded in Volume 1209 at Pages 92-118 of the City of South Burlington Land Records. The easement hereby being conveyed is for ingress and egress and underground utilities, in common with the owners of 20 O'Brien Drive Condominium, over that parcel of land depicted as "Access/Utility Easement Area to Robert Dumont Family Trust Parcel on a Plan entitled: "CONDOMINIUM PLAN for Gardner Construction, Inc. dated March 14, 2014m prepared by David A. Tudhope, recorded at Map Slide of the City of South Burlington Land Records. As depicted on said Plan, the easement area is a triangular parcel measuring 90.42' by 74.02' by 121.95', more or less. TO HAVE AND TO HOLD the above granted rights and privileges in, upon and over Page] of 2 WICK& MADDOCKS Attorneys at Law P_O. Box 8502 Essex, VT 05451-8502 said premises unto Grantee, Gardner & Sons Development Corp., its successors and assigns forever; and Grantor, Gardner Construction, Inc., does for itself, its successors and assigns, covenants with Grantee, Gardner & Sons Development Corp., and its successors and assigns, that Grantor, Gardner Construction, Inc., is lawfully seized in fee simple of the aforesaid premises, that premises are free from all encumbrances, that the Grantor, Gardner Construction, Inc. has good right and title to sell and convey the rights as aforesaid and that Grantor, Gardner Construction, Inc., and its successor and assigns shall Warrant and Defend the same to Grantee, Gardner & Sons Development Corp., and its successors and assigns forever against the lawful claims and demands of all persons. IN WITNESS WHEREOF, Gardner Construction, Inc., hereunto sets its hand and seal this day of , 2015. Gardner Construction, Inc. By: STATE OF VERMONT COUNTY OF CHITTENDEN, SS. Duly authorized agent At , in said County and State, this day of , 2016, personally appeared Bradley C. Gardner, duly authorized agent of Gardner Construction, Inc. signer and sealer of the foregoing written instrument, and acknowledged the same to be his free act and deed and the free act and deed of Gardner Construction, Inc. Before me, Notary Public My Commission Expires: February 10, 2019 Page 2 of 2 BYLAWS OF THE COMMONS AT O'BRIEN DRIVE HOMEOWNERS ASSOCIATION, INC. These Bylaws are deemed to be in compliance with the Vermont Common Interest Ownership Act 27A V.S.A §I-101, et seq., (the "Act), amended 2009, No.155 (Adj. Sess.), effective January 1, 2012. ARTICLE 1 Plan of Ownership Section 1.1 Applicability. These Bylaws provide for the governance of the The Commons at O'Brien Drive Homeowners Association, Inc., A Planned Community located in South Burlington, Vermont, and being more particularly described in Declaration of Covenants, Easements, Restrictions and Liens for The Commons at O'Brien Drive, a 6 Unit Planned Community, South Burlington, Vermont (the "Declaration"). Section 1.2 Compliance. Every Unit Owner and all those entitled to occupy a Unit shall comply with these Bylaws. Sectionl.3 Office. The office of the Planned Community, the Association, and the Executive Board shall be located at the Property, or at such other place as may be designated from time to time by the Executive Board. Section 1.4 Definitions. Each capitalized the meanings specified in the Declaration, as provided in the Act. term used herein without definition shall have t may be amended from time to time, or as ARTICLE II Association Section 2.1 Composition, Responsibility. The Commons at O'Brien Drive Homeowners Association, Inc. (the "Association"), shall consist of all Unit Owners acting as a group. The Association shall own the Common Elements and have the responsibility for administering the Planned Community establishing the means and methods of collecting Assessments for Common Expenses, arranging for the management of the Planned Community and performing all of the other acts that may be required or permitted to be performed by the Association, by the Act, and the Declaration. Except as to those matters which the Act specifically requires to be performed by the vote of the Association, the foregoing shall be performed by the Executive board or its designee. Section 2.2 Annual Meetings. An annual meeting of the Association shall be held each year between May 1 and July 31, or at such other time to be determined by the Executive Board. At such annual meeting, any vacant seat and the seat of the members of the Executive board whose terms has expired shall be filled. If, in any year, an annual meeting is not held, a special meeting may be held in lieu thereof. Section 2.3 Special Meetings. The Association shall hold a special meeting of Unit Owners to address any matter affecting the community or the Association of its President, a majority of the Executive Board, or Unit Owners having at least twenty percent (20%) of the votes in the Association request that the Secretary call the meeting. If the Association fails to notify Unit Owners of a special meeting within thirty (30) days after the requisite number of percentage of Unit Owners request the secretary to do so, the requesting members, may directly notify all the Unit Owners of the meeting. Only matters described in the meeting notice required by these Bylaws may be considered at a special meeting. Section 2.4 Place of Meetings. Meetings of the Association shall be held at the principal office of the Association or at such other suitable place convenient to the Unit Owners as may be designated by the Executive Board. Section 2.5 Notice of Meetings. (a) The Association shall notify Unit Owners of the time, date and place of each annual and special Unit Owners meeting not less than ten (10) days or more than sixty (60) days before the meeting date. Notice may be by any means described in section 3-121 of the Act, as listed in sections (b) and (d) below, or any provision substituting or replacing such section. The notice of any meeting must state the time, date, and place of the meeting and the items on the agenda, including: (1) A statement of the general nature of any proposed amendment to the Declaration or Bylaws; (2) Any budget changes; and (3) Any proposal to remove an officer or member of the Executive Board. (b) The Association shall deliver any notice required to be given by the Association under this title to any mailing or electronic mail address a Unit Owner designates. Otherwise, the Association may deliver notices by: (1) Hand deliver to each Unit Owner; (2) Hand deliver, United States mail postage paid, or commercially reasonable deliver service to the mailing address of each Unit; (3) Electronic means, if the Unit Owner has given the Association an electronic address; or (4) Any other method reasonably calculated to provide notice to the Unit Owner. (c) The minimum time to give notice required by subdivision (a) of this subsection may be reduced or waived for a meeting called to deal with an emergency. (d) The ineffectiveness of a good faith effort to deliver notice by an authorized means does not invalidate action taken at or without a meeting. (e) Any Unit Owner may at any time, in writing, waive notice of any meeting of the Association, and such waiver shall be deemed equivalent to the giving of such notice. Section 2.6 Conduct of Meetings Regarding Owner Participation. All meetings of the Unit Owners shall be conducted so that all Unit Owners wishing to participate shall have reasonable opportunity at any meeting to comment regarding any matter affecting the Planned Unit Community or the Association. Section 2.7 Teleconferences and other Electronic Communications. The Association may conduct a meeting convened pursuant to these provisions of the Bylaws by telephonic, video, or other conferencing process if: (a) The meeting notice states the conferencing process to be used and provides information explaining how Unit Owners may participate in the conference directly or by meeting at a central location or conference connection; and (b) The process provides all Unit Owners the opportunity to hear or perceive the discussion and to comment during the meeting, consistent with the requirement of these Bylaws. Section 2.8 Adjournment of Meeting. If at any meeting of the Association a quorum is not present, Unit Owners having a majority of the votes who are present at such meeting in person or by proxy may adjourn the meeting to a time not less than forty-eight (48) hours after the time the original meeting was called. Section 2.9 Votina. Unit Owners shall be entitled to vote on Association matters as provided in the Declaration and the Act. Unit Owners shall have one vote per Unit. Unit Owners may vote at a meeting in person, by absentee ballot, by a proxy or, when a vote is conducted without a meeting, by electronic or paper ballot, in each case subject to the regulations set forth in these Bylaws. The following provisions shall regulate the exercise of voting rights of the Unit Owners: (a) Unit Owners who are present in person may vote by voice vote, show of hands, standing, or any other method for determining the votes of Unit Owners, as designated by the person presiding at the meeting. (b) If only one of multiple owners of a Unit is present, that owner is entitled to cast all the votes allocated to that Unit. If more than one of the owners is present, the votes allocated to that Unit may be cast only in accordance with the agreement of a majority in interest of the owners. There is a majority agreement if any one of the owners casts the votes allocated to the Unit without protest being made promptly to the person presiding over the meeting by any of the other owners of the Unit. (c) Unless a greater number or fraction of the votes in the Association is required by a specific provision of these Bylaws or the provisions of the Declaration, a majority of the votes cast determines the outcome of any action of the Association. (d) If a Unit Owner is not present at the meeting, that Unit Owner may vote by absentee ballot. The Association promptly shall deliver an absentee ballot to an owner that requests it if the request is made at least three (3) days before the scheduled meeting. Votes cast by absentee ballot must be included in the tally of a vote taken at that meeting, provided the Association can establish by reasonable means that the absentee ballot was marked by the Unit Owner having the right to do so. (e) A Unit Owner vote a meeting by proxy, subject to the following requirements: (1) Votes allocated to a Unit may be cast pursuant to a directed or undirected proxy duly executed by a Unit Owner. (2) If a Unit is owned by more than one person, each owner of the Unit may vote or register protest to the casting of votes by the other owners of the Unit through a duly executed proxy. (3) A Unit Owner may revoke a proxy given pursuant to this section only by actual notice of revocation to the person presiding over a meeting of the Association. (4) A proxy is void if it is not dated or purports to be revocable without notice. (5) A proxy is valid only for the meeting at which it is cast and any recessed session of that meeting. (6) A person may not cast undirected proxies representing more than fifteen percent (15%) of the votes in the Association. (f) Unless prohibited or limited by a specific provision of the Declaration or these Bylaws, the Association may conduct a vote without a meeting. In that event, the following requirements apply: (1) The Association shall notify the Unit Owners that the vote will be taken by ballot. 4 (2) The Association shall deliver a paper or electronic ballot to every Unit Owner entitled to vote on the matter. (3) The ballot must set forth each proposed action and provide an opportunity to vote for or against the action. (4) When the Association delivers the ballots, it shall also: (i) indicate the number of responses needed to meet the quorum requirements; (ii) state percent of votes necessary to approve each matter other than election of member of the Executive Board; (iii) specify the time and date by which a ballot must be delivered to the Association to be conducted, which time and date may not be fewer than three (3) days after the date the Association delivers the ballot; and (iv)describe the time, date, and matter by which a Unit Owner wishing to deliver information to all Unit Owners regarding the subject of the vote may do so. (g) Except as otherwise provided in the Declaration or these Bylaws, a ballot is not revoked after delivery to the Association by death or disability or attempted revocation by the person that cast the vote. (h) Approval by ballot pursuant to this subsection is valid only if the number of votes cast by ballot equals or exceeds the quorum required to be present at a meeting authorizing the action. Section 2. 10 Quorum. A quorum is present throughout any meeting of the Unit Owners if persons entitled to cast twenty percent (20%) of the votes in the Association that: (a) Are present in person or by proxy at the beginning of the meeting; (b) Have cast absentee ballots solicited in accordance with the provisions of these Bylaws regulating absentee ballots which have been delivered to the Secretary in a timely manner; or (c) Are present by any combination of subdivisions (a) and (b) of this subsection. Section 2.11 Conduct of Meetings Regarding Procedures. The President shall preside over all meetings of the Association. The Secretary shall keep the minutes of the meeting as required by the provisions of these Bylaws relating to maintenance and managements of records. E Disputes regarding procedures in conducting the meetings shall be resolved by reference to the most recent version of Robert's Rule of Order. ARTICLE III Executive Board Section 3.1 Number and Qualifications. The affairs of the Association shall be governed by an Executive Board composed of three (3) members. All Board members shall be Unit Owners. Executive Board Members shall be elected to staggered terms, if necessary, with terns of up to three (3) years to insure that one-third of the Executive Board Memberships shall become vacant each year. An officer or agent of a corporate Unit Owner, or general partner of a partnership, or the beneficiary of a trust shall be deemed to be the Unit Owner for this purpose. Not more than one (1) owner of each Unit may be an Executive Board Member at one time. Section 3.2 Powers and Duties. (a) The Executive Board shall have all of the powers and duties necessary for the administration of the affairs of the Association and may do all such acts and things as are not prohibited by the Act, including the following: (1) May not amend Bylaws but may adopt and amend rules consistent with the requirements of the Act and these Bylaws. (2) Shall adopt and may amend budgets for revenues, expenditures, and reserves in the manner provided in the Declaration and these Bylaws, may collect assessments for common expenses from Unit Owners, and may invest funds of the Association. (3) May hire and discharge managing agents and other employees, agents and independent contractors. (4) May initiate, defend or intervene in litigation, arbitration, mediation or administrative proceedings in its name on behalf of itself or two or more Unit Owners on matters affective the common interest community, subject to section 3-124 of the Act. (5) May make contracts and incur liabilities, including, to the extend not otherwise prohibited by law or these Bylaws, to borrow money on behalf of the Association when required in connection with any one instance relating to the operation, care, upkeep, and maintenance of the Association; provided however, that the consent of at least two-thirds (2/3) of the votes of Unit Owners, obtained at a meeting duly called and held for such purposes in accordance with the provisions of these Bylaws, shall be required to borrow any sum that would cause the total debt of the Association to exceed fifteen percent (15%) of the Association's budget. R (6) May regulate the use, maintenance repair, replacement, and modification of Common Areas and Facilities. (7) May make additional improvements to the Common Areas and Facilities. (8) May acquire, hold, encumber and convey in its name any right, title, or interest to real estate or personal property except as limited by the Act. (9) May grant easements, leases, licenses, and concessions through or over the common elements. (10) May impose and receive payments, fees or charges: (i) for the use, rental or operation of the Common Areas and Facilities, other than Limited Common Areas and Facilities described in sections 2-102(2) and (4) of the Act, and (ii) for services provided to Unit Owners. (11) May impose for late payment of assessments and, after notice and a hearing may impose reasonable fines for violations of the Declaration, Bylaws, and Rules and Regulations of the Association. (12) May impose reasonable changes for the preparation and recordation of amendments to the Declaration, resale certificates required by the Act, or statements of unpaid Assessments. (13) May provide indemnification for its officers and Executive board and maintain directors and officers liability insurance. (14) Except to the extent limited by the Declaration, may assign its right to future income, including the right to receive Assessments. (15) May exercise any other power conferred by the Declaration or these Bylaws, or which is legally provided for similar entities, or which is necessary and proper to govern and operate the Association. (16) May required that disputes between the Executive Board and Unit Owners or between two or more Unit Owners regarding the common interest community must be submitted to nonbinding alternative dispute resolution as a prerequisite to commencement of a judicial proceeding. (17) May exercise all other powers that may be exercised in the State of Vermont by organizations of the same type as the Association. 7 (18) May suspend any right or privilege of a Unit Owner that fails to pay an Assessment, but may not: (i) deny a Unit Owner or other occupant access to the owner's Unit; (ii) suspend a Unit Owner's right to vote; (iii) prevent a Unit Owner from seeking election as a director or officer of the association; or (iv) withhold services provided to a Unit or a Unit Owner by the Association if the effect of withholding the service would be to endanger the health, safety, or property of any person. (19) May open bank accounts on behalf of the Association and designate the signatories thereon. (20) Subject to any limiting provisions of the Act or these Bylaws, may enforce by legal means the provisions of the Declaration, these Bylaws, and the Rules and Regulations of the Association. (21) If a tenant of Unit Owner violates the Declaration, Bylaws, or Rules and Regulations of the association, in addition to exercising any of its powers a Against the Unit Owner, the Association may: (i) exercise directly against the tenant the powers described in subdivision (a)(11) of this section; (ii) after giving notice to the tenant and the Unit Owner and an opportunity to be heard, levy reasonable fines against the tenant for the violation; and (iii) enforce any other rights against the tenant for the violation which the Unit Owner as landlord could lawfully have exercised under the lease or which the Association could lawfully have exercised directly against the Unit Owner, or both. (22) The rights granted under subdivision (21)(iii) of this title may only be exercised if the tenant or Unit Owner fails to cure the violation within ten (10) days after the association notifies the tenants and Unit Owner of that violation. (b) The Executive board may determine whether to take enforcement action by exercising the Association's power to impose sanctions or commencing an action for a violation of the Declaration, these Bylaws, and Rules and Regulations, including whether to compromise any claim for unpaid assessments or other claim made by or 8 against it. The Executive Board does not have a duty to take enforcement action if it determines that, under the facts and circumstances presented: (1) The Association's legal position does not justify taking any or further enforcement action; (2) The covenant, restriction, or rule being enforced is or is likely to be construed as inconsistent with law; (3) Although a violation may exist or may have occurred, it is not so material as to be objectionable to a reasonable person or to justify expensing the Association's resources; or (4) It is not in the Association's best interest to pursue an enforcements action. (c) The Executive Board's decision under subdivision (b) of this section not to pursue enforcement under one set of circumstances does not prevent the Executive Board from taking enforcement action under another set of circumstances, but the Executive Board may not be arbitrary or capricious in taking enforcement action. (d) In the event that the Planned Community Association, the Executive Board or any combination of them become a party to any legal proceeding other than a proceeding to enforce the Rules and Regulations adopted by the Association or to collect amounts due the Association, the Executive Board shall give reasonable notice to all of the Unit Owners of the legal proceedings. (e) The Executive Board shall establish a reasonable method for Unit Owners to communicate among themselves and with the Executive Board on matters concerning the Association. (f) The Executive Board may do such other things and acts not inconsistent with the Act, the Declaration, or these Bylaws which the Executive Board may be authorized to do by a resolution of the Association. Section 3.3 Managing Agent. The Executive Board may employ for the Planned Community "Managing Agent" at compensation to be established by the Executive Board, provided such compensation is in an amount and on terms as would be negotiated between unrelated third parties for similar projects. Section 3.4 Election and Term of Office. At each annual meeting of the Association, the Association shall elect the members to the Executive Board to fill vacancies and to elect members for terms of members whose terms are expiring. The members of the Executive Board shall hold office until their respective successors shall be elected by the Association for terms set forth in section 3.1, above. Section 3.5 Removal or Resianation of Members of the Executive Board. At any regular or special meeting of the Unit Owners duly called, any one or more of the members of the Wo Executive Board may be removed with or without cause by a majority vote of the Unit Owners entitled to vote on the matter, and a successor may then and there be elected to fill the vacancy thus created. No action to remove a member of the Executive Board may be undertaken at a meeting unless the removal of such member was specifically noticed in the agenda of the meeting sent out with the notice of meeting, as required by these Bylaws. Any member of the Executive Board whose removal has been proposed by the Unit Owners shall be given at least ten (10) days' notice of the time, place, and purpose of the meeting and shall be given an opportunity to be heard at the meeting prior to the vote to remove the member. A member of the Executive Board may resign at any time and shall be deemed to have resigned upon the sale of his or her Unit. Section 3.6 Regular Meetings. Regular meetings of the Executive Board may be held at such time and place as shall be determined from time to time by a majority of the members of the Executive Board, but such a meeting shall be held at least following each meeting of the Association without notice. Notice of regular meetings of the Executive Board shall be given to each member in the manner as from time to time determined by the Executive Board. Meetings of the Executive Board shall conform to the following: (a) Meeting shall be open to the Unit Owners except during executive sessions. The Executive Board and those committees may hold an executive session only during a regular or special meeting of the board or committee. No final vote or action may be taken during an executive session. An executive session may be held only to: (1) Consult with the Association's attorney concerning legal matters; (2) Discuss existing or potential litigation or mediation, arbitration, or administrative proceedings; (3) Discuss labor or personnel matters; (4) Discuss contracts, leases, and other commercial transactions to purchase or provide goods or service currently being negotiated, including the review of bids or proposals, if premature general knowledge of those matters would place the Association at a disadvantage; or (5) Prevent public knowledge of the matter to be discussed if the Executive Board or committee determines that public knowledge would violate the privacy of any person. (b) For purposes of this section, a gathering of board members at which members do not conduct Association business is not a meeting of the Board. The Executive Board and its members may not use incidental gatherings of board members of any other method to evade the ope requirements of these Bylaws. 10 n the board Executive or social meeting (c) All Executive Board meetings must be at the common interest community or at a place convenient to the community unless the Unit Owners amend the bylaws to vary the location of those meetings. (d) At each Executive Board meeting, the Executive Board shall provide a reasonable opportunity for Unit Owners to comment regarding any matter affecting the Planned Community and the Association. (e) Unless the meeting is included in a schedule given to the Unit Owners or the meeting is called to deal with an emergency, the Secretary or other officer specified in these Bylaws shall give notice of each Executive Board meeting to each board member and to the Unit Owners. The notice must be given at least ten (10) days before the meeting and must state the time, date, place, and agenda of the meeting. (f) If any materials are distributed to the Executive Board before the meeting, the Executive Board at the same time shall snake copies of those materials reasonably available to Unit Owners, except that the board need not make available copies of unapproved minutes or materials that are to be considered in executive session. Section 3.7 Special Meetings for Emergency Situations. Special meetings of the Executive Board to address emergency situations may be called by the President on three (3) days' written notice to each member, given by mail, electronic mail, telegraph, facsimile, or hand delivery, which notice shall state the time, place and purpose of the meeting. Special meetings of the Executive Board shall be called by the President or Secretary in like manner and on like notice on the written request of any Executive Board member to deal with emergency situations. Section 3.8 Waiver of Notice. Any Executive Board member may at any time, in writing, waiver notice of any meeting of the Executive Board, and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a member of the Executive Board at any meeting of the Executive Board shall constitute a waiver of notice by him of the time, place and purpose of such meeting. If all members are present at any meeting of the Executive Board, no notice shall be required and any business may be transacted at such meeting. Section 3.9 Ouorum. A quorum of the Executive Board is present for purposes of determining the validity of any action taken at a meeting of the Executive Board only if individuals entitled to cast fifty percent (50%) of the votes on that Board are present at the time a vote regarding that action is taken. If a quorum is present when a vote is taken, the affirmative vote of a majority of the board members present is the act of the Executive Board unless a greater vote is required by a specific provision of the Declaration of these Bylaws. Section 3.10 Compensation. No member of the Executive Board shall receive any compensation for action as such. However, any member of the Executive Board may be reimbursed for actual out-of-pocket expenses incurred in the performance of his or her duties. 11 E Section 3.11 Teleconferences and other Electronic Communications. The Executive Board may conduct a meeting convened pursuant to these provisions of these Bylaws by telephonic, video, or other conferencing process if: (a) The meeting notice states the conferencing process to be used and provides information explaining how Unit Owners may participate in the conference directly or by meeting at a central location or conference connection; and (b) The process provides all Unit Owners the opportunity to hear or perceive the discussion and to comment during the meeting, consistent with the requirement of these Bylaws. Section 3.12 Action Without Meeting. Any action by the Executive Board required or permitted to be taken at any meeting may be taken without a meeting if all of the members of the Executive Board shall individually or collectively consent in writing to such action. Any such written consent shall be filed with the minutes of the proceedings of the Executive Board. The Executive Board may act by unanimous consent only to undertake ministerial actions or to implement actions previously taken at a meeting of the Executive Board. Section 3.13 Validity of Action by the Executive Board. Even if an action by the Executive Board is not in compliance with this section, it is valid unless set aside by a court. A challenge to the validity of an action of the Executive Board for failure to comply with this section may be brought more than sixty (60) days after the minutes of the Executive Board of the meeting at which the action was taken are approved or the record of that action is distributed to Unit Owners, whichever is later. Section 3.14 Liability of the Executive Board, Unit Owners, and Association. (a) The officers and members of the Executive Board shall not be liable to the Association for any mistake of judgment, negligence or otherwise, except for their own individual willful misconduct or bad faith. The Association shall indemnify and hold harmless each of the officers and members of the Executive Board from and against all expenses and liabilities to others arising out of claims made against the officers or the Executive Board on account of their status as officers and members of the Executive Board unless any such contract shall have been made in bad faith or contrary to the provisions of the Act, the Declaration or these Bylaws. (b) Neither the Association nor the Executive Board shall be liable for any failure of utility or other services to be obtained by the Association or paid as a Common Expense, or for injury or damage to person or property caused by the elements or by any Unit Owner or any other person, or resulting from electricity, water, snow or ice which may leak or flow from any portion of the Common Areas and Facilities, or from any pipe, drain, conduit, appliance or equipment. The Association shall not be liable to any Unit Owner for loss or damage, by theft or otherwise, of articles which may be stored upon any of the Common Areas and Facilities. No diminution or abatement of any assessments, as herein elsewhere provided, shall be claimed or 12 allowed for inconvenience or discomfort arising from the making of repairs or improvements to the Common Areas and Facilities or from any action taken by the Association to comply with any law, ordinance or with the order or directive of any municipal or other governmental authority. ARTICLE IV Officers Section 4.1 Designation. The principal officers of the Association shall be the President, the Secretary, and the Treasurer, all of which shall be elected by the Executive Board. One or more Vice Presidents may be elected by the Executive Board (the number thereof, if any, to be determined by the Executive Board). The Executive Board may appoint an assistant treasurer, an assistant secretary, and such other officers as in its judgment may be necessary. The President shall be a member of the Executive Board. All officers shall be Unit Owners. Any two or more offices may be held by the same person, except the offices of president and secretary. A person who is a member of the Executive Board may be an officer. Section 4.2 Election of Officers. The officers of the Association shall be elected annually by the Executive Board at the organization of each new Executive Board and shall hold office at the pleasure of the Executive Board. Section 4.3 Removal of Officers. Upon the affirmative vote of a majority of the Executive Board, any officer may be removed, either with or without case, and a successor may be elected at any regular meeting of the Executive Board or at any special meeting of the Executive Board called for such purpose. Section 4.4 President. The President shall be the chief executive officer of the Association, preside at all meetings of the Association and of the Executive Board, and have all of the general powers and duties which are incident to the office or president generally, including, without limitations, the power to appoint committees from among the Unit Owners from time to time as the President may in his or her discretion decide is appropriate to assist in the conduct of the affairs of the Association. The President may sign, with the secretary or any other proper officer thereunto authorized by the Executive Board, any deeds, mortgages, bonds, contracts, or other instruments which the Executive Board has authorized to be executed, except in cases where the signing and execution thereof shall be expressly delegated by the Executive Board or by these Bylaws to some other officer or agent of the Association, or shall be required by law to be otherwise signed or executed. Section 4.5 Vice President. In the absence of the President or in the event of the President's death, disability, or refusal to act, the vice president (or in the event there be more than one vice president, the vice presidents in the order designated at the time of their election, or in the absence of any such designation, then in order of their election) shall perform the duties of President, and when so acting, shall have all the powers of, and be subject to all of the restrictions upon, the president. Any vice president shall perform such other duties as from time to time may be assigned by the President or by the Executive Board. 13 Section 4.6 Secretary. The Secretary shall keep the minutes of all meetings of the Association and of the Executive Board; have charge of such books and papers as the Executive Board may direct; maintain a register setting forth the place to which all notices to Unit Owners and others shall be delivered; and, in general perform all the duties incident to the office of secretary. Section 4.7 Treasurer. The Treasurer shall have the responsibility for Association funds and securities and shall be responsible for keeping full and accurate financial records and books of account showing all receipts and disbursements, and for the preparation of all required financial data; make disbursements on behalf of the Association upon consent of the Executive Board and shall be responsible for the deposit of all monies and other valuable effects in the name of the Executive Board, the Association, or the Managing Agent, in such depositories as may from time to time be designated by the Executive Board; and in general, perform all the duties incident to the office of treasurer. Section 4.8 Compensation of Officers. No officer who is also a member of the Executive Board shall receive any compensation from the Association for action as such officer. Section 4.9 Bonds. The Treasurer, and such other officers as the Executive Board deem necessary, shall furnish bonds for the faithful performance of their duties, in such a manner and with such sureties, as may be fixed and required by the Executive Board. ARTICLE V Contracts, Loans, Checks and Deposits Section 5.1 Contracts. The Executive Board may authorize any officer or officers, agent or agents, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Association, and such authority may be general or confined to specific instances. No contract or agreement for management of the Association shall exceed three (3) years, and must provide for termination by either party without cause and without payment of a termination fee on ninety (90) days' written notice. Section 5.2 Loans. No loans shall be contracted on behalf of the Association and no evidence of indebtedness shall be issued in its name unless authorized by a resolution of the Executive Board. Such authority may be general or confined to specific instances. Section 5.3 Checks Drafts Etc. All checks, drafts, or other orders for the payment of money, notes, or other evidence of indebtedness issued in the name of the Association shall be signed by such officer or officers of the Association in such manner as shall from time to time be determined by resolution of the Executive Board. Section 5.4 Deposits. All funds of the Association not otherwise employed shall be deposited from time to time to the credit of the Association in such banks, trust companies, or other depositories as the Executive Board may select. 14 ARTICLE VI Operation of Planned Unit Community Section 6.1 Determination of Common_F_,xpenses and Assessments Auainst Unit Owners. (a) fiscal Year. The fiscal year of the Association shall be calendar, unless otherwise determined by the Executive Board. (b) Preparation and Approval of' liudg t. (1) On or before forty-five (45) days preceding the end of the fiscal year, the Executive Board shall adopt a budget for the Association containing an estimate of the total amount considered necessary to pay the cost of maintenance, management, operation, repair and replacement of the Common Elements and those parts of the Units and other properties as to which it is the responsibility of the Executive Board to maintain, repair and replace, and the cost of wages, materials, insurance premiums, services, supplies and other expenses that may be declared to be Common Expenses by the Act, the Declaration, the Bylaws or a resolution of the Association and which will be required during the ensuring fiscal year for the administration, operation, maintenance and repair of the Property and the rendering to the Unit Owners of all related services. (2) Such budget shall also include such reasonable amounts as the Executive Board considers necessary to provide working capital, a general operating reserve, and reserves for contingencies and replacements. The Executive Board shall send to each Unit Owner prior to the end of the fiscal year, a copy of the budget for the next fiscal year in a reasonably itemized form which set forth in the amount of the Common Expenses and any special assessments payable by each Unit Owner. Such budget shall constitute the basis for determining each Unit Owner's Assessment for the Common Expenses of the Association. (3) The budget shall be ratified by the Unit Owners in accordance with the terms of the Declaration and the Act. (c) Assessment of Common Expenses. The total amount of the estimated funds required from assessments for the operation of the Planned Community set forth in the budget adopted by the Executive Board shall be assessed against each Unit Owner. The Assessment against each Unit shall begin on the date specified in the Declaration. (d) Surplus Funds. Unless otherwise provided in the Declaration, any surplus funds of the Association remaining after payment of or provision for Common Expenses and any prepayment of reserves shall be paid annually to the Unit Owners in 15 proportion to their Common Expense liabilities or credited to them to reduce their future Common Expense assessment. (e) Reserves. The Executive Board shall include in the budget and build up and maintain reasonable reserves for working capital, operations, contingencies and replacements as necessary to meet secondary mortgage market requirements. The proportionate interest of any Unit Owner in any replacement reserve shall be appurtenant to the Unit and shall not be separately withdrawn, assigned or transferred. If the reserve is inadequate for any reason, the Board may levy a further Assessment, payable as the Board determines necessary at any time. The Board will specifically earmark such capital reserve fund for stated capital purposes and keep special assessments in a separate bank account. (f) Working Q4pital Fund. The Executive Board shall establish a working capital fund which shall be used for the start-up costs of the Planned Community, including the purchase of cleaning and maintenance equipment, furniture and fixtures beyond that supplied by the Declarant and any initial insurance fees. Additionally, start-up costs shall include extraordinary expenditures, temporary operating deficit due to seasonal fluctuations, etc. (g) Effect of Failure to Prepare or Adopt Budget. The failure or delay of the Executive Board to prepare or adopt a budget for any fiscal year shall not constitute a waiver or release in any manner of a Unit Owner's obligation to pay his or her allocable share of the Common Expenses as herein provided whenever the same shall be determined and, in the absence of any annual budget or adjusted budget, each Unit Owner shall continue to pay each monthly installment at the monthly rate established for the previous fiscal year until notice of the monthly payment which is due. (h) Availability of Financial Statements and Project Documents. Upon the receipt of a written request by the Association from a Unit Owner or an Institutional Mortgagee, the Association shall make the most recent regularly prepared income and expense statement of the Association, the current operating budget of the Association and all project related documents, including the Declaration, Bylaws, Rules and Regulations, books and records of the Association available for inspection during regular business hours at the Association's office. Section 6.2 Payment of Common Expenses. No Unit Owner may exempt himself or herself from liability for his or her contribution toward Common Expenses by waiver of the use or enjoyment of any of the Common Elements or by abandonment of his or her Unit. All accounts not paid when due, including interest and costs, and reasonable attorney's fees, shall be a lien against the Unit Owner's Unit. Prior to or at the time of any conveyance of a Unit by a Unit Owner, all liens and unpaid Assessments shall be paid in full and discharged. Section 6.3 Collection of Assessments. The Executive Board, or the Managing Agent at the request of the Executive Board, shall take prompt action to collect any Assessments for 16 Common Expenses due from any Unit Owner that remain unpaid for more than thirty (30) days from the due date for payment thereof. Any assessment or installment thereof, not paid within five (5) days after the due date shall accrue a late charge in such reasonable amount as a percentage of the overdue assessment or installment as the Executive Board shall establish from time to time. Any Unit Owner who fails to make such payment within such period shall also be assessed the cost incurred by the Association to collect such unpaid assessments. All such assessments for Common Expenses, including interest, penalties, attorney's fees and costs shall become on the date such assessments are due, a lien against the Unit so assessed, and shall also be the personal obligation of the Unit Owner at the time the Assessments become due. Section 6.4 Statements. (a) Statement of Common Expenses. Within ten (10) days after a request by a Unit Owner, the Executive Board shall provide the Unit Owner with a written statement of all unpaid Assessments for Common Expenses due from the Unit Owner. The Executive Board shall not impose a charge for the preparation of such statement. (b) Statement of Default. The Executive Board will make a reasonable effort to notify any mortgagee of any Unit, upon request, of any default in the performance by the Unit Owner of any obligation pursuant to the Declaration, the Bylaws and the Rules and Regulations, which is not cured within sixty (60) days of notice to each Unit Owner of such default. Section 6.5 Maintenance and repair. (a) By the Association. The Association shall be responsible for the maintenance, repair and replacement of the Common Areas and Facilities and Limited Common Areas and Facilities (unless, in the opinion of the Executive Board such maintenance, repairs or replacements are necessary by the negligence, misuse or neglect of a Unit Owner, in which case such expense shall be charged to such Unit Owner, be due within thirty (30) days of billing and become a lien against the Unit of such Unit Owner as provided above. (b) By Unit Owners. Each Unit Owner shall be responsible for the property maintenance and repair of his Unit including, without limitation, doors, windows, and installations of fixtures for water, electricity and other utilities which are contained within and only serve such Unit. Each Unit Owner shall be responsible for any damage to any other Unit and to the Common Areas and Facilities and Limited Common Areas and Facilities from his failure to make such maintenance and repairs, and the costs thereof shall be lien against such Unit as provided above. 17 ARTICLE VII Miscellaneous Section 7.1 Amendments. Except as otherwise provided herein, these Bylaws may be amended by the affirmative vote of at least sixty seven percent (67%) of the Unit Owners entitled to vote on the matter. Section 7.2 Amendments to Declaration. Amendments to Declaration required by the Act to be recorded by the Association shall be prepared, executed, recorded and certified on behalf of the Association by any officer of the Association designated for that purpose or, in the absence of designation, by the President of the Association. Section 7.3 Notices. All notices, demands, bills, statements or other communications shall be in writing and shall be deemed to have been duly given if delivered personally, or if sent postage prepaid: a) if to a Unit Owner, at the address which the Unit Owner shall designate in writing and file with the Secretary or, if no such address is designated, at the address of the Unit of such Unit Owner; or b) if to the Association or the Executive Board, to the principal office of the Association or at such other address as shall be designated in writing to the Unit Owner pursuant to this paragraph. Notices of meetings shall be given according to the provisions of these Bylaws and the Act. Section 7.4 Captions. The captions herein are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of these Bylaws or the intent of any provisions thereof. Section 7.5 Maintenance and Management of Records. Beginning with transactions occurring on or after January 1, 2012, the Association acting through its officers and the Executive Board shall maintain the records of the Association as provided in these Bylaws. (a) The Association shall maintain: (1) Detailed records of receipts and expenditures affecting the operation and administration of the Association and other appropriate accounting records; (2) Minutes of all meetings of its Unit Owners and Executive Board other than executive sessions, a record of all actions taken by the Unit Owners or Executive Board without a meeting, and a record of all actions taken by a committee in place of the Executive Board on behalf of the Association; (3) The names of Unit Owners in a form that permits preparation of a list of the names of all owners and the addresses at which the Association communicates with them, in alphabetical order showing the number of votes each owner is entitled to cast; 18 (4) Its original or restated organizational documents, if required by law other than the Act, Bylaws and all amendments to them, and all Rules and Regulations currently in effect; (5) All financial statements and tax returns of the Association for the past three (3) years; (6) A list of the names and addresses of its current Executive Board members and officers; (7) Its most recent biennial report delivered to the Secretary of State; (8) Financial and other records sufficiently detailed to enable the Association to comply with the applicable provision of the Act; (9) Copies of current contracts to which it is a party; (10)Records of Executive Board or committee actions to approve or deny any requests for design or architectural approval from Unit Owners; and (11)Ballots, proxies, and other records related to voting by Unit Owners for one (1) year after the election, action, or vote to which they relate. (b) Subject to subsections (c) and (d) of this section, all records retained by an Association must be available for examination and copying by a Unit Owner or the Unit Owner's authorized agent: (1) During reasonable business hours or at a mutually convenient time and location; and (2) Upon five (5) days' notice in a record or form reasonably identifying the specific records of the Association requested. (c) Records retained by an Association may be withheld from inspection and copying to the extent that they concern: (1) Personnel, salary, and medical records relating to specific individuals; (2) Contracts, leases, and other commercial transactions to purchase or provide goods or services currently being negotiated; (3) Existing or potential litigation or mediation, arbitration, or administrative proceedings; 19 (4) Existing or potential matters involving federal, state, or local administrative or other formal proceedings before a governmental tribunal for enforcement of the Declaration, these Bylaws, or Rules; (5) Communications with the Association's attorney which are otherwise protected by the attorney -client privilege or the attorney work -product doctrine; (6) Information the disclosure of which would violate law other than this Title 27A; (7) Records of an executive session of the Executive Board; or (8) Individual Unit files other than those of the requesting owner. (d) An Association may charge a reasonable fee for providing copies of any records under this section and for supervision the Unit Owner's inspection. (e) A right to copy records under this section includes the right to receive copies by photocopying or other means, including copies through an electronic transmission if available upon request by the Unit Owner. (f) The Association shall not be obligated to compile or synthesize information. (g) Information provided pursuant to this section may not be used for commercial purposes. Section 7.6 Gender. The use of the masculine gender in these Bylaws shall be deemed to include the feminine and neuter genders and the use of the singular shall be deemed to include the plural, and vice versa, whenever the context so requires. Dated at , Vermont, this day of , 2016. Gardner & Sons Development Corp. By: Bradley C. Gardner, Duly Authorized Agent P1l Esser Junction Office Donald B. Maddocks, Esq. Lori J. Ruple, Esq. 1 Grove Street P.O. Box 8502 Essex, VT 05451-8502 Phone (802)872-8200 Fax (802)872-0472 E-mail:dmaddocks@comcast.net Wick �� Maddocks W&%ATTORNEYS AT LAW Grove Street, Essex Junction, Vermont 05452 February 22 2016 Raymond Belair, Administrative Officer Dan Albrecht, Temporary Planner City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: Gardner & Sons Proposed 4 Unit Development O'Brien Drive Dear Ray and Dan, Burlington Office James H. Wick, Esq. Jeffrey J. Wick, Esq. 308 College Street P.O. Box 1336 Burlington, VT 05402-1336 Phone (802)658-3037 Fax (802)658-4918 I-'-iiiail:wickmadx@together.net I represent Brad Gardner in connection with the development of a 2.16 acre parcel off of O'Brien Drive. Prior to developing this parcel, Brad Gardner developed lot 10 of the original Dumont Development into a 2 Unit Condominium known as 20 O'Brien Drive Condominium. As part of the development of 20 O'Brien Drive, Brad specifically reserved an easement over a triangular portion to specifically benefit this 2.16 acre parcel for access and utilities. The reservation was documented in the Public Offering for 20 O'Brien Drive Condominium, which was given to each unit Buyer prior to entering into a contract, and was included in the Declaration of Condominium and Warranty Deeds to each unit owner and recorded in the South Burlington Land Records (copies are included in this correspondence). As such, it is my opinion that the owners of 20 O'Brien Drive Condominium do not have any vested interest in the easement that is proposed to benefit the 2.16 acre parcel presently being proposed for development of 4 units. Because the use of the easement area was never conveyed to 20 O'Brien Drive, I do not believe that the signature of the owners of 20 O'Brien Drive is necessary or appropriate, as they do not possess any legal interest in the easement to be utilized by the proposed development adjacent to their property. Si7ncerel , e Donald B. Maddocks, Esq. DBM/ns enclosures C r�, /1 1C r-- 4. Subject to a Triangular shaped easement and right of way reserved by Gardner Construction, Inc., in favor of the property located to the north and the east owned by the Robert H. Dumont Trust a/t/a dated January 19, 1994, or its successors. Said easement is depicted on the Condominium Plan of 20 O'Brien Drive. 5. City of South Burlington Zoning Permit ZP-12-236, issued September 20, 2012. 6. Mortgage in favor of Nancy J. Olin, Trustee of the Robert Dumont Family Trust, dated September 27, 2012, recorded in Volume 1107 at page 51 of the City of South Burlington Land Records. 7. Mortgage in favor of People's United Bank dated , recorded in Volume , at page of the South Burlington Land Records. 4 SCHEDULE A-1 Description Being all and the same land and premises conveyed to Gardner Construction, Inc. by Trustee's Deed of Nancy J. Olin, Trustee of the Robert H. Dumont Family Trust u/t/a dated January 19, 1994, said deed dated July 6, 2012, recorded in Volume 1107 at Page(s) 48-50 of the City of South Burlington Land Records. Being a lot designated as Lot #10 on O'Brien Drive, as shown on a plat of subdivision entitled: "Sunnyview II Dumont Construction Co." by Emerson, Abbott, Harlow & Leedy, Inc. originally dated August 12, 1968, revised October 3, 1968, recorded in Volume 80 at Page 96 (now Map Slide 90) of the City of South Burlington Land Records. Also being the lands and premises depicted on a survey entitled: (Lot 10) 20 O'Brien Drive (2) 3 Bedroom Condominiums, CONDOMINIUM PLAN, for Gardner Construction, Inc., dated March 14, prepared by David A. Tudhope, RLS, and recorded at Map Slide # , of the City of South Burlington Land records. Said lands and premises are commonly known and designated as 20 O'Brien Drive, South Burlington, Vermont 05403, and the two Units included in the Condominium are known as Unit 20A and 20B. Subject to and beneftted by State of Vermont Wastewater Permit #WW-4-3950, dated November 12, 2012. Benefited by a 30' wide Sewer Easement across the property to the north and east, as depicted on the above referenced Condominium Plan. Subject to an easement to Vermont Gas Systems, Inc. dated April 3, 2006, recorded in Volume 747 at Page 677 of the City of South Burlington Land Records. Specifically RESERVED by Gardner Construction, Inc. is a triangular shaped easement and right of way that Gardner Construction, Inc. reserves the right to convey to the owner of the parcel to the north and east owned by the Robert H. Dumont Trust u/t/a dated January 19, 1994, or it's successors and assigns, for the purpose of providing access and underground utilities to said Dumont parcel. The location of said easement is depicted on the above referenced CONDOMINIUM PLAN. 25 WICK & MADDOCKS Attorneys at Law P.O. Box 8502 Essex, VT 05451-8502 WARRANTY DEED KNOW ALL PERSONS BY THESE PRESENTS THAT, Gardner Construction, Inc., Vermont Corporation, with a principal place of business in the Town of Colchester, County of Chittenden and State of Vermont, Grantor, in the consideration of TEN AND MORE Dollars paid to its full satisfaction by Dongyang Zhang, of the City of Burlington, State of Vermont, Grantee, by these presents, do freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said Grantee, Dongyang Zhang, his heirs, assigns and administrators, forever, a certain piece of land in the City of South Burlington, County of Chittenden, and State of Vermont, described as follows, viz: Being a portion of the lands and premises conveyed to Gardner Construction, Inc. by Trustee's Deed of Nancy J. Olin, Trustee of the Robert H. Dumont Family Trust u/t/a dated January 19, 1994, said deed dated July 6, 2012, recorded in Volume 1107 at Pages 48-50 of the City of South Burlington Land Records. Being Unit 20B of the 20 O'Brien Drive Condominium as numbered and further described and depicted in the Declaration of Condominium of 20 O'Brien Drive Condominium, together with Exhibits and Plans attached thereto, dated March , 2014, recorded in Volume at Pages of the City of South Burlington Land Records. Reference is also made to the Bylaws of 20 O'Brien Drive Condominium Homeowners Association dated March , 2014, recorded in Volume at Pages of the City of South Burlington Land Records. Included is one (1) membership in the 20 O'Brien Drive Condominium Homeowners Association, together with 50% undivided appurtenant interest in the Common Areas and Facilities, as described in said Declaration, as may be amended. The Units of 20 O'Brien Drive Condominium are shown on a Condominium Plan entitled: "(Lot 10) 20 O'Brien Drive (2) 3 Bedroom Condominiums, CONDOMINIUM PLAN, for Gardner Construction, Inc. dated March 14, 2014, prepared by David A. Tudhope, recorded at Map Slide of the City of South Burlington Land Records. Specifically RESERVED by the Grantors herein, is a triangular shaped easement and right of way that Gardner Construction, Inc. reserves the right to convey to the owner of the parcel to the north and east owned by the Robert H. Dumont Trust u/t/a dated January 19, 1994 or it's successors or assigns for the purpose of providing access and underground utilities to said Dumont parcel. The location of said easement and right of way is depicted on the above referenced CONDOMINIUM PLAN. Page 1 of 2 WICK & MADDOCKS Attomeys at Law P.O. Box 8502 Essex, VT 05451-8502 The mailing address of the herein conveyed Unit 20B is: 20B O'Brien Drive, South Burlington, Vermont 05403. Each Unit shall be used for single family residential purposes as described in the Declaration. Said lands and premises are subject to the terms and conditions of State of Vermont Waste Water and Potable Water Supply Permit #WW-4-3950 dated November 12, 2012. Reference is hereby made to the above -referenced deeds and plans and the references contained therein, in further aid of the description. TO HAVE AND TO HOLD all said granted premises, with all the privileges and appurtenances thereof, to the said Grantee, Dongyang Zhang, his heirs, assigns and administrators, to her own use and behoof forever; and the said Grantor, Gardner Construction, Inc., for itself and its successors and assigns, does covenant with the said Grantee, Dongyang Zhang, his heirs, assigns and administrators 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; and Grantor, hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, Gardner Construction, Inc., hereunto sets its hand and seal this day of March, 2014. IN PRESENCE OF: STATE OF VERMONT ) COUNTY OF CHITTENDEN, ss. ) Gardner Construction, Inc. By: Bradley C. Gardner Duly Authorized Agent At , in said County and State, this day of March, 2014, Bradley C. Gardner, duly authorized agent for Gardner Construction, Inc., 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 Gardner Construction, Inc. Before me, Notary Public My Commission Expires: February 10, 2015 Page 2 of 2 WICK & MADDOCKS Attorneys at Law P.O. Box 8502 Essex, VT 05451-8502 WARRANTY DEED KNOW ALL PERSONS BY THESE PRESENTS THAT, Gardner Construction, Inc., Vermont Corporation, with a principal place of business in the Town of Colchester, County of Chittenden and State of Vermont, Grantor, in the consideration of TEN AND MORE Dollars paid to its full satisfaction by Nancy E. Fawley, of the City of Las Vegas, County of Clark and State of Nevada, Grantee, by these presents, do freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said Grantee, Nancy E. Fawley, her heirs and assigns, forever, a certain piece of land in the City of South Burlington, County of Chittenden, and State of Vermont, described as follows, viz: Being a portion of the lands and premises conveyed to Gardner Construction, Inc. by Trustee's Deed of Nancy J. Olin, Trustee of the Robert H. Dumont Family Trust u/t/a dated January 19, 1994, said deed dated July 6, 2012, recorded in Volume 1107 at Pages 48-50 of the City of South Burlington Land Records. Being Unit 20A of the 20 O'Brien Drive Condominium as numbered and further described and depicted in the Declaration of Condominium of 20 O'Brien Drive Condominium, together with Exhibits and Plans attached thereto, dated March 21, 2014, recorded in Volume 1209 at Pages 92-118 of the City of South Burlington Land Records. Reference is also made to the Bylaws of 20 O'Brien Drive Condominium Homeowners Association dated March 21, 2014, recorded in Volume 1209 at Pages 73-91 of the City of South Burlington Land Records. Included is one (1) membership in the 20 O'Brien Drive Condominium Homeowners Association, together with 50% undivided appurtenant interest in the Common Areas and Facilities, as described in said Declaration, as may be amended. The Units of 20 O'Brien Drive Condominium are shown on a Condominium Plan entitled: "(Lot 10) 20 O'Brien Drive (2) 3 Bedroom Condominiums, CONDOMINIUM PLAN, for Gardner Construction, Inc. dated March 14, 2014, prepared by David A. Tudhope, recorded at Map Slide of the City of South Burlington Land Records. Page 1 of 3 WICK & MADDOCKS Attomeys at Law P.O. Box 8502 Essex, VT 05451-8502 Specifically RESERVED by the Grantors herein, is a triangular shaped easement and right of way that Gardner Construction, Inc. reserves the right to convey to the owner of the parcel to the north and east owned by the Robert H. Dumont Trust u/t/a dated January 19, 1994 or it's successors or assigns for the purpose of providing access and underground utilities to said Dumont parcel. The location of said easement and right of way is depicted on the above referenced CONDOMINIUM PLAN. The mailing address of the herein conveyed Unit 20A is: 20A O'Brien Drive, South Burlington, Vermont 05403. Each Unit shall be used for single family residential purposes as described in the Declaration. Said lands and premises are subject to the terms and conditions of State of Vermont Waste Water and Potable Water Supply Permit #WW-4-3950 dated November 12, 2012. Reference is hereby made to the above -referenced deeds and plans and the references contained therein, in further aid of the description. TO HAVE AND TO HOLD all said granted premises, with all the privileges and appurtenances thereof, to the said Grantee, Nancy E. Fawley, her heirs and assigns, to her own use and behoof forever; and the said Grantor, Gardner Construction, Inc., for itself and its successors and assigns, does covenant with the said Grantee, Nancy E. Fawley, her heirs 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 premises are FREE FROM EVERY ENCUMBRANCE: except as aforesaid; and Grantor, hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, Gardner Construction, Inc., hereunto sets its hand and seal this day of July, 2015. Page 2 of 3 WICK & MADDOCKS Attomeys at Law P.O. Box 8502 Essex, VT 05451-8502 Gardner Construction, Inc. By: Bradley C. Gardner Duly Authorized Agent STATE OF VERMONT ) COUNTY OF CHITTENDEN, ss. ) At , in said County and State, this day of July, 2015, Bradley C. Gardner, duly authorized agent for Gardner Construction, Inc., 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 Gardner Construction, Inc. Before me, Notary Public My Commission Expires: February 10, 2019 Page 3 of 3 LEGEND - - _ - - - IXISTING bRCIM7 GpiTOLR - AL1.MR Z� - PROPOSm FINISN GRADE Gd1TdR � � PROJELi OOIR(JART - — — AWTTING rR0/ERTY LINE EASEIEWT euwolra seronuc ' ZONING 015TRIOr 0OIR0m, Q EXISTING IRON — EXISTING 5TORN_INE U —IT— SEWERLINE 5 rROPOSm SEWERLINE — —W— IXISTIARi WATERLINE r rRorosm wnTERLINE ,YID... •,.... _>Y� _ werLNo �wm exnrwc wocnw PercE SILT FENLE EXISTING L M NmGE w,�_.�-w"-'-III NtOfO5E0 CFDAR IEIJ6E `_ IXISTIN6 d/ILONJ6 AREA MOrO5E0 OUILOIA'G AREA rROI'OSEO rAWD ORIVEWAT MOP0 PATN KENT + JACQUELINE 5TEVEN50N N/F APPROXIMATE LOCATION OF EXISTING WATERMAIN EX. 5MH RIM-JIL23 6" INV IN-306.95 8" INV OUT-306.85 CONNECT NEW 1-1/2" COPPER SERVICE AND BORE UNDER ROADWAY EXI5TING 510EWALK TO REMAIN PROPOSED ACCE551UTILITY EA5EMENT— AREA TO GARDNER PARCEL (EASEMENT AREA TO RUN ALONG NORTHERLY 51DE OF CEDAR HEDGE) /EXHED /��&E s APPROXIMATE LOCATION OF \ PKOP05ED WATER + SANITARY 5ERVIGE5. TO DE DESIGNED WITH FINAL PLAN \DNER CONSTRUCTION. I. N/F \DONGYANG ZHANG \N/F ANDREW + ANGELU HAAG N/F A41; 4ECREATION �__—` --- �... / / PARKS AND DISTRICT �--/_ ` ZONING SOUTH BURL INGTON 5CHOOL 015TRIGT N/F ) 17-91 LILAC LANE -EXI5TING DUPLEX FOOTPRINT LOT I_ GLEN MOODY N/F / i Location P/an South Buhr ytan. v7 nJ s Owner/Apo/icant GARDNER + SONS DEVELOPMENT CORP. 269 LAKE5HORE DRIVE C0LCHE5TEK, VT 05446 Zoning /nforrnat/on PARCEL IDi: 0230-00039 AREA 2.16- ACKE5 TOTAL ZONED, KE51DENTIAL 4 (K4) DIMENSIONAL KEQUIREMENT5, MINIMUM LOT AREA SINGLE-FAMILY 9,500 5F TWO-FAMILY, 12,000 5F MULTI -FAMILY 6.000 5F/UNIT SETDAGKS- FRONT: 30 FT 51DE 10 FT REAR 30 FT GOVEKA6E- MAXIMUM LOT COVERAGE: 401 (20Z PROPO5ED) MAXIMUM DUILDIN6 COVEKAGEm 20% 16.4Z PROP05ED) UTILITIE5� WATER, MUNICIPAL CONNECTION 5EWEK: MUNICIPAL CONNECTION NOTES' I) THI5 PLAN 15 NOT TO DE U5ED FOR PROPERTY CONVEYANCE. 2) ADDITIONAL LAND5CAPING TO DE PKOP05ED WITH PRELIMINARY PLAN5. o O' 11""A, !/ w Y DBCA 0 o Arms evAww° d vR¢AIwARr GARDNER PARCEL °nrz 1z zz 15 ,, GRAPHIC SCALE OBCA a� 2012-20 aE` m - 1G A I LOT, 6 UNIT PRD OBOTEARY BURYE . THE CONTRACTOR SHALL NOTIFY 'DIGSAFE- AT IVIL DN9 JH CIVIL ASSOCIATES, PLC ObRIEN DRIVE SOUTH "LlN TON. VT 0i2-20-53 a DWH „ BB -DIG -SAFE ANY EXCAVATION. �� -BPRIOR TO ( IN FEET) rff ' 1 In°n - 30 ft.N/. ��: SKETCH PLAN j „ I1111 \ \ wpNE:lryfppp L I ri rr. I� L-�v�ivv ., - -. - - EXISTING GROl,TO LONTOLR _ NAJOR -. �� MOPOSEO FINISH bRADE LONTOY,R PROJECT OOIflOARY - -- - - A TfING MOMMTY LIIE EASEAEhIT -- -- WILDING 5ET CK ' ZONING OISMILT WUOMY C EXISTINS IRON PIPE EXI5nN6 5TOR lw —~V ^\� EXISTING SEWERLINE - G MOro5E0 SEWERLINE — —W— EXISTING WATERLINE r MorosEo wnrERLINE —...=... �1-..._IL . — . . — — wen.Aro LArIn w• wETLNn eI.PPER LINIn IXISTRIS wIFE rIIKE SILT FENCE EXISTING -om I a �_ MOPOSEO LEOAR HEO6E EXISTING d ILO- AREA I® MOrOSEO OUILOING AREA MOPOSEO PAVED Oltl—Y I-� rA- KENT + )ACQUELINE 57'EVEN50N I N/F APPROXIMATE LOCATION OF EXISTING WATERMAIN EX SMH R IM•31(25 6" INV. IN•306.95 8" INV. OUT•306.85 I CONNECT NEW i - i/2' COPPER SERVICE AND BORE UNDER ROADWAY I EXISTING SIDEWALK TO REMAIN PROPOSED AGGE55/UTILITY EA5EMENT— AREA TO GAKONER PARCEL (EASEMENT AREA TO RUN ALONG NORTHERLY SIDE OF CEDAR HEDGE! / I 2 5TIN6 SINGLE 1 FAMILY HOME GARY + )OANNE 5MITHI N/F 1 4' PATH O I i \ APPROXIMATE LOCATION OF \ PROPOSED WATER + SANITARY 5ERVIGE5. TO BE DESIGNED WITH FINAL PLAN \ONER CONSTRUCTION 0 N/F \DONGYANG ZHANG \N/F ANOREW + ANGEL IA HAAG N/F \ DONALD + AM IR15H N/F PROPOSED SINGLE I r ­\ EXISTING 15" CMP (n 1 1 FAMILY HOME 25' WIDE X 35' DEEP EXISTING /I \\ \ 4' PATH / _310- --305- - 1 \A CLASS 2 WETLAND PER----30-295'�"\ I\\ \ CRV51715R5051T III \\\' \ • \ DEC. 9E 2013 ' — // I I-J" TYPE ,.K,. WITH DANIELLE OWGZAR5K1 • • lI / / / GOPPEK WATER 5ERVIGE \'• \ _ / / PROPOSED 20' SHARED \\ = \ EXISTING 2.16 ACRES AGGE55 DRIVEWAY V. \ �. \ \ d l I I PROPOSED 6 5DR 35 / I I7-91 LILAC, LANE 'PVC SEWER. 5ERVI6E a- 1 #'• PER, FOOT ( /-g�I b✓TL\\\ �\ I I 1✓ O EXISTING DUPLEX B FE \ ` �• / \.1 I O 0 JI O O II FOOTPRINT LOT 'S' W 11J N r 0 ( 1 u I 1 — — — — -\ f 8 U. '0IJWl,I v' \ EXI5TIN� DUPLEX " TYPE "K" COPPER 1 • WATER 5ERVIGE W/ - GRB 5TOP \ 0 4 PR 1`05E0 TRIPLEX O I 28 WIDE X 48' DEEP EA H iT\h I I I SEASON/IL \\- t`50• WFTiAND / \\DRA INA WAY _ R41 'i� _�[ �j���j I PROPOSED CEDAR \ ' i - �� RZO IN TID 5TR _ �� GLEN MOODY I HEDGE MIN 6' HIGH -�� �� ZONI-G - /--- N/F REGK TION / / DISTRI PAR ZONING T I / SOUTH BURLIN&TONi- / SCHOOL 015TRIGTNIP %���0(I'Y/� GRAPHIC SCALE 1 e o s THE CONTRACTOR SHALL NOTIFY 'DIGSAFE• AT 106 IVIL 1-888-DIG-SAFE PRIOR TO ANY EXCAVATION. �i ( Q7 F8h7') \,Q` Jf I inch = 30 [t - Location P/an Sau1hsu1mgtM, IT Ata Owner/App/icant GAKDNEK + SONS DEVELOPMENT CORP. 2611 LAKE5HOKE DRIVE COLGHE5TEK, VT 05446 Zoning 117f0fMdt1o17 PARCEL 041 0230-00039 AREA: 2.16s ACKE5 TOTAL ZONED RESIDENTIAL 4 (K4) DIMEN510NAL IREQUIREMENT51 MINIMUM LOT AREA: SINGLE-FAMILY 9,500 5F TWO-FAMILY: 12,000 5F MULTI -FAMILY 6,000 5F/UNIT FRONT 30 FT 51DE+ 10 FT REAR 30 FT COVERAGE MAXIMUM LOT COVERAGE: 40X (20X PROP05ED) MAXIMUM BUILDING COVERAGE: 20% (6.4% PROPO5ED) UTILITIE51 WATER: MUNICIPAL LONNEGTION 5EWERr MUNICIPAL CONNECTION Cit`, of So. Burlington NOTES, II THI5 PLAN 15 NOT TO BE U5ED FOR PROPERTY (,ONVEYANCE. 2) ADDITONAL LAN05CAPING TO BE PROPOSED WITH PRELIMINARY PLAN5. EJ nN cnAxwc 0 sK rzw/mNmr OTEARY-BURKE CIVIL ASSOCIATES, PLC GARDNER PARCEL A I LOT, 6 UNIT PRO O'BRIEN DRIVE SOUTH DURLINGTON, VT SKETCH PLAN I 1 TO: So Burlington Development Review Board FROM: Kent Stevenson, 17 O'Brien Drive Resident and Across -The -Road Abutter DATE: February 16, 2016 SUBJECT: Gardner Parcel PRD 1. HOW THIS PROJECT AFFECTS MY PROPERTY AND THE NEIGHBORHOOD Bob Dumont, the original developer of this neighborhood created a plan of subdivision that provided for single family homes on individual lots, and the project has been built out over the years and has been an asset to the South Burlington community. It wasn't until recently when the last remaining individual lot was sold to Gardner & Sons Development Corp. that the first of two duplex style homes were built, one fronting on O'Brien and the other built on the opposite side of the ravine at the end of Birch Street. I don't believe either of these duplexes came before the DRB. The PRD that the Board is seeing now are four (4) additional dwelling units on the same 2.16 acre parcel as the Birch St duplex, but with access from O'Brien. I judge that more than 50% of the area of this parcel, about 1 acre, is either Wetland or Wetland Buffer. To say that this undevelopable land can be used in allowing for more intense clustering of units elsewhere on the parcel is unreasonable in my view, especially given the existing character of the neighborhood which is dominated by detached single family homes. The floor area covered by the three attached units (the triplex) is much larger than the largest sf home in the neighborhood. The number of cars using the proposed driveway, if it were to serve 4 units, would be in the range of 8-14 with several trips in and out per day, per unit. As my front living room window is directly across from the driveway's access point on O'Brien Drive, I stand to be the most affected by the traffic from this proiect. Headlights from cars exiting the drive will shine directly into my front window. There are also children and their parents in the neighborhood who will find this significant increase in car traffic on O'Brien to be a disturbance and dangerous to their children. This is another reason why the project is out of character with the neighborhood. 2. WHAT I'M ASKING OF THE BOARD A. Reduce the number of single family homes permitted by insisting that Unit 3 be eliminated from the Sketch Plan. This building (and its planned but not shown detached garage) is located to have the minimum required side setback from the Smith's property line and would also be squeezed in between the project's driveway, side lot line and head of the ravine behind it. The parking shown on the plan is poorly conceived as it would require cars to back out into the driveway to exit the property. A significant retaining wall will also undoubtedly have to be built to create enough flat land behind the unit. This will further contribute to the encroachment on the headwall of the ravine and the outfall of the existing 15" PE stormwater pipe. B. Even without Unit 3, the developer should be required to clean out the bottom of the ravine and expose the 15" PE pipe so that the stormwater from the manhole on O'Brien can run freely. C. Since the water service to this project will originate from the municipal line which is buried under my front yard, I'm assuming that heavy equipment to jack and bore under the road will be necessary. A note to this effect is indicated on the drawing. As I expect this will mean equipment having to setup on my property and result in disturbance of my front lawn, I would request that the Applicant be required to get my written approval and signoff as to the restoration of my lawn and mailbox area to its previous condition. I appreciate the Board's consideration of these comments. I will be present at tonight's meeting to answer any questions you or the Applicant may have of me. Sincerely, Kent Stevenson ray From: Dave Wheeler Sent: Friday, February 12, 2016 7:44 AM To: ray; Paul Conner Cc: Dan Albrecht Subject: RE: Holmberg Properties Ray, The City Stormwater Section has reviewed the "Gardner Parcel A 1 Lot, 6 Unit PRD" sketch plan prepared by O'Leary - Burke. dated 12/22/15. We have the following comments: 1. The current sketch plan proposes 0.432 acres of total impervious surface. Should a future site plan propose 0.5, or more, acres of impervious surface, the applicant will need to meet the requirements of section 12.03 of the City's Land Development Regulations, as approved by the Planning Commission on November 10, 2015. 2. On a future submission indicate proposed site grading. 3. Include snow storage locations. 4. The applicant will be required to provide a 20' easement centered on the existing 15" PE pipe located on the lot. 5. Consider providing setback from adjoining Rec Path. 6. Include a detail for underground utility crossings. Regards, Dave David P. Wheeler .3. utant Stormt,xter Superintendent Departmentof?ubitc Work= > C" r of South Surhngton (SCI 16= 3-- ,51 at. 11: Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff: or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law If you have received this message in error, please notify us immediately by return email Thank you for your cooperation ray From: David Burke <dwburke@olearyburke.com> Sent: Thursday, February 11, 2016 5:29 PM To: ray Cc: brad@livingvermont.com; gardnerrealestate@yahoo.com; Dan Heil Subject: 2012-20: Gardner - O'Brien Court Ray: Thank you for calling in advance of the 2/16/16 Sketch hearing for the Gardner — O'Brien Drive project. We understand the previously discussed triplex issue was solved based on our discussions at to TRC meeting. While I understand some or all of the following items we discussed today may be on the Staff Notes, please find the following initial comments: Informal Walking Path: We are acceptable to providing an Easement to the Town for a walking path. We suggest that the path be the same as the existing, a worn foot path, with no gravel, paving, etc... The easement will be on the subject parcel and included with the Preliminary submittal; 2. Single Unit: The single unit is only 25' x 35' and has no garage. A detached 2 car garage is proposed. As such, we have suggested an increase in depth to Brad to allow for a maximum 6' front porch. An Elevation will be provided with the Preliminary submittal; Existing O'Brien Court Duplex: We disagree that use of the existing easement requires the Duplex to be part of the PUD and requires signatures for the Preliminary submittal. We intend to seek legal advice and proceed accordingly for the Preliminary submittal; 4. New LID Standards: The Preliminary Plan submission will comply, if triggered; PUD: Perhaps the biggest reason the project is a Planned Unit Development is item #1. Others include the project being an in -fill redevelopment, providing housing choices other than the predominant single family lots in the immediate area and providing Common Land. Wetland Buffer: For consistency with the Birch Street side, we will likely proposed split rail fence along the wetland buffer; Jl. Footprints: The Sketch submittal does show "Footprint Lots" on the Sketch via the dashed lines that «< are 1 foot outside of the proposed Units, excepting the Triplex common walls. Additional information / notation will be included with the Preliminary submittal. David W. Burke r� southburlington PLANNING & ZONING AGENDA South Burlington Development Review Board Community Room (upstairs), 19 Gregory Drive, South Burlington, VT Tuesday, February 16, 2016 7:00 p.m. 1. Additions, deletions, or changes in order of agenda items. 2. Comments and questions from the public not related to the agenda. 3. Announcements 4. Continued site plan application #SP-15-69 of Greer Family, LLC for after -the -fact approval to amend a previously approved plan for a 15,608 sq. ft. multi -use commercial building. The amendment consists of converting 775 sq. ft. of retail use to tavern/night club use, 10 Dorset Street. 5. Continued sketch plant application #SD-15-40 of John P. Larkin for a planned unit development consisting of: 1) razing a 54 unit hotel (Larkin Terrace), 2) constructing a 100 room hotel, 3) constructing a 51 room extended stay hotel, 4) constructing 77 residential units, and 5) constructing 9,000 sq. ft. of commercial space,1185 & 1195 Shelburne Road (the applicant has requested that this item be Continued to a future meeting). 6. Continued sketch plan application #SD-15-41 of Eric Farrell for a planned unit development consisting of: 1) subdividing an undeveloped 6.7 acre parcel into two (2) lots of 4.1 acres & 2.6 acres, and 2) construction of a 50 unit multi -family dwelling on the 4.1 acre parcel, 1195 Shelburne Road (the applicant has requested that this item be continued to a future meeting). 7. Sketch plan application #SD-15-48 of Gardner & Sons Development Corporation for a planned unit development to further develop a 2.16 acre parcel developed with a two (2) family dwelling. The proposal consists of: 1) Constructing a single family dwelling, and 2) constructing a 3-unit multi- family dwelling, O'Brien Drive. 8. Minutes of February 2, 2016. Other business. Respectfully Submitted, r southburlington PLANNING & ZONING AGENDA South Burlington Development Review Board City Hall Conference Room, 575 Dorset Street, South Burlington, VT Tuesday, March 1, 2016 7:00 p.m. Additions, deletions, or changes in order of agenda items. Comments and questions from the public not related to the agenda. 3. Announcements 4. Continued site plan application #SP-15-79 of Jon Svitarsky to amend a previously approved plan for a 7,020 sq. ft. building used as a radio and television station. The amendment consists of converting the building to a Group Home (community residence) use to house a maximum of 25 residents, 372 Dorset Street. 5. Continued sketch plan application #SD-15-28 of Saxon Partners, LLC for a planned unit development consisting of: (as proposed by the applicant) 1) six (6) boundary line adjustments with adjoining properties, and 2) construction of an 88,548 sq. ft. retail store which will include a 3,348 sq. ft. tire center and a 3,360 sq. ft. receiving area (BJ's Wholesale Club), 65 Shunpike Road. 6. Continued sketch plan application #SD-15-45 of Holmberg Properties for a planned unit development consisting of, 1) six (6) two-family dwellings, and 2) one (1) 3-unit multi -family dwelling, Park Road. 7. Site plan application #SP-16-04 of Eric Farrell for after -the -fact approval to amend a previously approved amend a previously approved planned unit development (PUD) consisting of: 1) a 41,000 sq. ft. general office building, 2) a 30 unit multi -family dwelling & 3,700 sq. ft. of light manufacturing use, 3) a 63 unit multi -family dwelling, and 4) a 54 unit multi -family dwelling. The amendment consists of: 1) altering a pedestrian access along the east side of the building, and 2) revising the landscaping plan, 80 Eastwood Drive & 30 Joy Drive. Site plan application #SP-16-05 and design review application #DR-16-01 of South Burlington Realty Company to amend a previously approved plan for a 3,200 sq. ft. general office building. The amendment consists of: 1) changing the use of the building to indoor recreation, 2) altering the exterior design of the building, and 3) adding an HVAC unit on the north side of the building, 40 San Remo Drive. 9. Final plat application #SD-16-01 of JJJ South Burlington, LLC to amend a previously approved 258 unit planned unit development in two (2) phases. The amendment is to phase 11 (Cider Mill II) of the project and consists of: 1) shifting Russett Rodd & Puritan Street to minimize wetland intrusions, 2) revising the storm drains so as to connect all footing drains directly into the stormwater system, and 3) residential design review for the single family dwelling on lots #1- #66, 1580 Dorset Street. 10. Final plat application #SD-16-02 of Jeffery & Elizabeth Goldberg to amend a previously approved planned unit development consisting of: 1) six (6) two-family dwellings, and 2) three (3) single family lots. The amendment consists of planting additional landscaping to replace existing plantings which were removed without approval, Windswept Lane. 11. Minutes of February 16, 2016. 12. Other business. Respectfully Submitted, �"" � " Raymond J. Belair Administrative Officer Copies of the applications are available for public inspection at the South Burlington City Hall. Participation in the local proceeding is a prerequisite to the right to take any subsequent appeal. South Burlington Development Review Board Meeting Participation Guidelines The Development Review Board (DRB) presents these guidelines for the public attending Development Review Board meetings to insure that everyone has a chance to speak and that meetings proceed smoothly. The DRB is a Quasi -Judicial Board that oversees the approval of development projects within the City. It is made up of citizens appointed by the City Council. The rule of the DRB is to hear and review applications for development under the applicable regulations. The DRB can only approve applications that comply with the applicable bylaw or state law, and the board can only levy conditions that are permitted under the bylaw By the same token, if a project meets the applicable bylaw criteria, the DRB is bound by law to grant the approval. 1. The Board asks that all participants at meetings be respectful of Board members, staff, applicants and other members of the public present at the meeting. 2 Initial discussion on an agenda item will generally be conducted by the Board and the applicant. As this is our opportunity to engage with the subject, we would like to hear from all Board members first. After the Board members have discussed an item, the Chair will open up the floor for public comment. Please raise your hand to be recognized to speak and the Chair will try to call on each participant in sequence. 3. Once recognized by the Chair, please identify yourself to the Board 4 If the Board suggests time limits, please respect them. Time limits will be used when they can aid in making sure everyone is heard and sufficient time is available for Board to hear all items on the agenda 5. Side conversations between audience members should be kept to an absolute minimum. The hallway outside the Community Room is available should people wish to chat more fully. 6. Please address the Chair. Please do not address other audience members or staff or presenters and please do not interrupt others when they are speaking The Chair will direct responses from applicable people as needed. 7. Make every effort not to repeat the points made by others and keep your comments germane to the issue before the board. 8. The Chair will make reasonable efforts to allow everyone who is interested in participating to speak once before speakers address the Board for a second time. 9. Comments may be submitted before or during the course of a single or multi -meeting public hearing to the Planning and Zoning Department. All comments should identify what application the correspondence is in reference to. All written comments will be circulated to the DRB and kept as part of the official records of meetings. Comments must include your first and last name and a contact (e-mail, phone, address) to be included in the record. 10 Please note that once a public hearing has been closed by the DRB, no further comments can be accepted, in accordance with state law. .:, ��`� ,�,� r�,�-_.,,� ,� ,,, � � __ f�'y)�� efff f f� �.. F T< }f i}( i { '�`-�` C' _� �a :� I �`�� t �. .�, 00 low o� AA, � f Mob — NAM 3f `a x� ri y Sol I Vw, Plan Transmittal Form To: Fire Department/ Department of Public Works From: Ray Belair Date Transmitted: 01/22/16 Comments Due: 2/8/16 Project Description/Meeting Date: Sketch plan application #SD-15-48 of Gardner & Sons Development Corporation for a planned unit development to further develop a 2.16 acre parcel developed with a two (2) family dwelling. The proposal consists of: 1) constructing a single family dwelling, and 2) constructing a 3-unit multi -family dwelling, O'Brien Drive. Other Notes: Meeting date is 02/16/16 south`- a. Plan Transmittal Form To: Fire Department/ Department of Public Works From: Ray Belair Date Transmitted: 01/22/16 Comments Due: 2/8/16 Project Description/Meeting Date: Sketch plan application #SD-15-48 of Gardner & Sons Development Corporation for a planned unit development to further develop a 2.16 acre parcel developed with a two (2) family dwelling. The proposal consists of: 1) constructing a single family dwelling, and 2) constructing a 3-unit multi -family dwelling, O'Brien Drive. Other Notes: Meeting date is 02/16/16 ray From: Terry Francis Sent: Monday, February 08, 2016 2:03 PM To: ray; Doug Brent Subject: Obrien Dr. - triplex PRD Ray Had a chance to look at the triplex and SFH. The triplex is 220 off the public way and does not have an adequate turnaround for our apparatus, as is required in NFPA 1-2.3.2.1. FD turnaround (hammerhead) is not complaint with NFPA 18-2.3.4.3. If the tri-plex has a NFPA 13-R sprinkler system installed, the previous requirements are relaxed (NFPA 1-18.2.3.2.2.1) and SBFD would only require no parking signs be posted on the driveway and hammerhead. The HOA would be required to maintain the drive in passable condition at all times. DC Terence Francis, CFI Fire Marshal South Burlington Fire Department 575 Dorset St. S. Burlington, VT 05403 802-846-4134 Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. ray From: Dave Wheeler Sent: Friday, January 29, 2016 1:32 PM To: ray; Dan Albrecht Cc: Tom Dipietro; Justin Rabidoux Subject: RE: Holmberg Properties Ray, The City Stormwater Section has reviewed the "Gardner Parcel A 1 Lot, 6 Unit PRD" sketch plan prepared by O'Leary - Burke. dated 12/22/15. We have the following comments: 1. On a future submission indicate proposed site grading. 2. Include snow storage locations. 3. Consider providing setback from adjoining Rec Path. 4. Include a detail for underground utility crossings. Regards, Dave k David P_ V4heeer Assistant Stonnrvater Superintendent Department of l%b s V-3t is y City of South bur'ttagtcm (802) 659-7,961 Ext. I I, Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. ray From: Dan Heil <dheil@olearyburke.com> Sent: Thursday, January 21, 2016 2:08 PM To: ray Cc: David Burke Subject: O'Brien Court Architectural Drawings Attachments: 2012-20 - Architectural Rendering.pdf; 2012-20 - Architectural Picture.pdf Hi Ray, Following up from our conversation yesterday, please see attached PDFs for the architectural rendering and building photo for the triplex being proposed at O'Brien Court. Thanks, Dan Daniel Heil, PE I Project Engineer O'Leary -Burke Civil Associates, PLC 13 Corporate Drive Essex Junction, VT 05452 email: dheil@olearyburke.com phone: (802) 878-9990 1 fax: (802) 878-9989 CITY OF SOUTH BURLINGTON CERTIFICATE OF SERVICE I hereby certify that on this 271h day of January, 2016, a copy of the foregoing public notice for Sketch Plan Application 4SD-15-48 was sent by U.S. mail, postage prepaid to the owners of all properties adjoining the subject property to development, without regard to any public right-of- way, and including the description of the property and accompanying information provided by the City of South Burlington. I further certify that this notification was provided to the following parties in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations: List of recipients: Donald & Ann Irish Timothy Voight 33 Birch Street 33 Lilac Lane South Burlington, VT 05403 South Burlington, VT 05403 Gary & Joanne Smith Sandra Loyer 18 O'Brien Drive 34 Lilac Lane, Apt. 2 South Burlington, VT 05403 South Burlington, VT 05403 Kent & Jacqueline Stevenson Michael Dupont 17 O'Brien Drive 39 Lilac Lane South Burlington, VT 05403 South Burlington, VT 05403 South Burlington School District Donna Jacobs (c/o John Stewart) 44 Lilac Lane 550 Dorset Street South Burlington, VT 05403 South Burlington, VT 05403 Jeffrey & Ellen Grimes Kent & Jacqueline Stevenson 49 Lilac Lane 17 O'Brien Drive South Burlington, VT 05403 South Burlington, VT 05403 Gordon & Dorothy Wilkins Gardner Construction, Inc. 215 Crossfield Drive 20 O'Brien Drive Colchester, VT 05446 Unit A South Burlington, VT 05403 Satyadeep Vajjala 13071 North Pennsylvania Street, Apt 2 Dongyang Zhang Carmel, IN 46032-5410 20 O'Brien Drive Unit B Noni Stuart South Burlington, VT 05403 69 Lilac Lane South Burlington, VT 05403 Andrew & Angelia Haag 22 O'Brien Drive William & Caroline Edmunds Life Estate South Burlington, VT 05403 70 Lilac Lane South Burlington, VT 05403 Timothy Fluck 17 Lilac Lane Laurie Gagne South Burlington, VT 05403 74 Lilac Lane South Burlington, VT 05403 Andrew Corologos 23 Lilac Lane Keith & Marjorie Wallace South Burlington, VT 05403 75 Lilac Lane South Burlington, VT 05403 South Burlington Sample Certificate of Service Form. Rev. 1-2012 Patricia Myette 85 Lilac Lane South Burlington, VT 05403 Christopher Hurd 91 Lilac Lane South Burlington, VT 05403 Glen Moody 20 Woodcrest Drive South Burlington, VT 05403 Dated at Essex, Vermont, this 27'' day of January, 2016. Printed Name: Daniel J. 1-1eiL PE Phone number and email: 2 878- 99 , ema" dheil_ra oleLl ar burl e.eotn Signature: Date: i 7/20 6 Remit to: City of South Burlington Department of Planning & Zoning 575 Dorset Street South Burlington, VT 05403 South Burlington Sample Certificate of Service Form. Rev. 1-2012 southburlington PLANNING & ZONING 1-11 Permit Number SD-p�/o - - (office use nly) APPLICATION FOR SUBDIVISION SKETCH PLAN REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the plans will result in your application being rejected and a delay in the review before the Development Review Board. For amendments, please provide pertinent information only. 1) OWNER(S) OF RECORD (Name(s) as shown on deed, mailing address, phone and fax#) Gardner & Sons Development Corp. (c/o Bradley Gardner) 269 Lakeshore Drive, Colchester, VT 05446. email: brad (cb_livingvermont.com-1 phone:373-8661 2) LOCATION OF LAST RECORDED DEED(S) (Book and page un-s lc, -z-1 3) APPLICANT (Name, mailing address, phone and fax #) Same as Owner 4) APPLICANT'S LEGAL INTEREST IN THE PROPERTY (fee simple, option, etc.) Fee Simple 5) CONTACT PERSON (Name, mailing address, phone and fax #) O'Leary Burke Civil Associates (David Burke), 13 Corporate Drive, Essex Jct., VT 05452. Phone (802) 878-9990 5a) CONTACT EMAIL ADDRESS dwbprke@plearyburke.com 6) PROJECT STREET ADDRESS: - 4 $1141 outh Burlington, VT 05403 7) TAX PARCEL ID # (can be obtained at Assessor's Office) 0230-00039 8) PROJECT DESCRIPTION a) General project description (explain what you want approval for): A 1 Lot, 6 Unit PRD, comprised of 1 existing duplex unit, 1 proposed triplex unit, and 1 proposed single family home. All lots to be served by municipal water and sewer. The proposed triplex and single family home to be served by a proposed shared driveway off of O'Brien Drive. The existinq duplex is accessed from Birch Street & municipal water & sewer from Birch Street. 575 Dorset Street South Burlington, VT 05403 te1 802.846.4106 fax 802.846.4101 www.sburl.com b) Existing Uses on Property (including description and size of each separate use) An existing duplex unit located off of Birch Street. c) Proposed Uses on property (include description and size of each new use and existing uses to remain) 1 proposed triplex ( 28' x 48' / unit), 1 proposed single family home (25' x 36) and 1 existing duplex (28' x 48' / unit) to remain. d) Total building square footage on property (proposed buildings and existing buildings to remain) Proposed Bldg. SF = 4,775 SF, Existing Bldg. SF = 2,650 SF, Total Bldg. SF = 7,425 SF e) Proposed height of building (if applicable) < 28' (pitched) f) Number of residential units (if applicable, new units and existing units to remain) 4 residential units proposed, 2 existing residential units to remain, 6 total residential units g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable) Proposed access / utility easement on 20 O'Brien Drive Parcel. Existing 50' Wetland Buffer on the proposed parcel not to be impacted. 9) LOT COVERAGE a) Building: Existing 3.2 % b) Overall (building, parking, outside storage, etc) Existing 6.5 % c) Front yard (along each street) Existing 0 % Proposed 8•4 Proposed 20— % Proposed 50 % 10) TYPE OF EXISTING OR PROPOSED ENCUMBRANCES ON PROPERTY (easements, covenants, leases, rights of way, etc.) Proposed access / utility easement on 20 O'Brien Drive. 11) PROPOSED EXTENSION, RELOCATION, OR MODIFICATION OF MUNICIPAL FACILITIES (sanitary sewer, water supply, streets, storm drainage, etc.) Extension of municipal water and sanitary sewer to service the proposed single family home and proposed triplex. Sketch Plan Application Form. Rev. 12-2011 f 12) ESTIMATED PROJECT COMPLETION DATE 2016 13) PLANS AND FEE Plat plans shall be submitted which shows the information required by the City's Land Development Regulations. Five (5) regular size copies, one reduced copy (I V x 17"), and one digital (PDF-format) copy of the plans must be submitted. The application fee shall be paid to the City at the time of submitting the application. See the City fee schedule for details. %tT �(Wr ' NOTE: NOTIFICATION of ADJOINING PROPERTY OWNERS: Notification of adjoining property owners, in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South BurlingtV Land Development Regulations, is the responsibility of the applicant. After deeming an application complete, the Administrative Officer will provide the applicant with a draft meeting agendas or public hearing notice and sample certificate of service. The sworn certificate of service shall be returned to the City prior to the start of any public hearing. I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. SIGNAT RE OF APPLICANT SIGNATURE PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: 1 / I have reviewed this sketch plan application and find it to be: Complete ❑ Incomplete ��� lx-� " mlm ve Officer The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call (802) 879-5676 to speak with the regional Permit Specialist. Sketch Plan Application Form. Rev. 12-2011 O'Leary -Burke Civil Associates, PLC 'y CIVIL ENGINEERING I REGULATORY AND PERMIT PREPARATION I LAND SURVEYING I CONSTRUCTION SERVICES I LAND USE PLANNING December 22, 2015 Mr. Ray BeLair Zoning Administrator 575 Dorset Street So. Burlington, VT 05403 RE: Gardner Parcel A 1 Lot, 6 Unit PRD O'Brien Drive, South Burlington, VT Dear Ray: We are writing on behalf of Gardner & Sons Development Corp. (c/o Bradley Gardner) to request Development Review Board scheduling and review of the attached Sketch Plan for a 1 Lot, 6 Unit PRD located at 37 Birch Street. The project is located on a 2.16-acre lot and contains an existing duplex unit with access off of Birch Street. The proposal is to add an additional triplex unit and single family home on the western side of the parcel. There is an existing Class 2 Wetland that bisects the property from north to south. The proposed construction activities will not impact the existing wetland or its associated 50' wetland buffer. Both the triplex and single family home will have access to O'Brien Drive through the use of a 20' shared driveway. The proposed triplex and single family home will be serviced by municipal water and municipal sewer. An extension of the existing municipal water main and sewer system will be required to service the proposed units. An access/utility easement on the northern side of 20 O'Brien Drive is proposed for the shared driveway and proposed water / sewer utility extensions. The applicant owns the common land at 20 O'Brien Drive where the proposed access/utility easement is located. Please find the following information for Staff and Development Review Board review and approval: 1. Application for Sketch Plan Review; 2. Sketch Plan Review Application with $513 application fee (($350 base + $13 recording fee + ($25 / 1st two units x 2 units) + ($50 / units 3-4 x 2 units) = $513); 3. Five (5) full size and one (1) reduced, 11" x 17" copies of Sheet 1, Sketch Plan; 4. CD with Digital PDF of Sheet 1, Sketch Plan; 5. Abutters List. Please call if you have any questions. ncerely, Daniel J. Heil, PE 13 CORPORATE DRIVE ESSEX JUNCTION VERMONT 05452 TEL 802 878 9990 1 FAX 802 878 9989 1 obca@olearyburke.com Mr. Ray BeLair December 22, 2015 Page 12 Abutters List Gardner & Sons Development Corp. - 37 Birch Street 12/22/2015 Donald & Ann Irish Michael Dupont 33 Birch Street 39 Lilac Lane South Burlington, VT 05403 South Burlington, VT 05403 Gary & Joanne Smith Donna Jacobs 18 O'Brien Drive 44 Lilac Lane South Burlington, VT 05403 South Burlington, VT 05403 Kent & Jacqueline Stevenson Jeffrey & Ellen Grimes 17 O'Brien Drive 49 Lilac Lane South Burlington, VT 05403 South Burlington, VT 05403 South Burlington School District Gordon & Dorothy Wilkins (c/o John Stewart) 215 Crossfield Drive 550 Dorset Street Colchester, VT 05446 South Burlington, VT 05403 Satyadeep Vajjala Kent & Jacqueline Stevenson 13071 North Pennsylvania Street, Apt 2 17 O'Brien Drive Carmel, IN 46032-5410 South Burlington, VT 05403 Noni Stuart Gardner Construction, Inc. 69 Lilac Lane 20 O'Brien Drive South Burlington, VT 05403 Unit A South Burlington, VT 05403 William & Caroline Edmunds Life Estate 70 Lilac Lane Dongyang Zhang South Burlington, VT 05403 20 O'Brien Drive Unit B Laurie Gagne South Burlington, VT 05403 74 Lilac Lane South Burlington, VT 05403 Andrew & Angelia Haag 22 O'Brien Drive Keith & Marjorie Wallace South Burlington, VT 05403 75 Lilac Lane South Burlington, VT 05403 Timothy Fluck 17 Lilac Lane Patricia Myette South Burlington, VT 05403 85 Lilac Lane South Burlington, VT 05403 Andrew Corologos 23 Lilac Lane Christopher Hurd South Burlington, VT 05403 91 Lilac Lane South Burlington, VT 05403 Timothy Voight 33 Lilac Lane Glen Moody South Burlington, VT 05403 20 Woodcrest Drive South Burlington, VT 05403 Sandra Loyer 34 Lilac Lane, Apt. 2 South Burlington, VT 05403