Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
BATCH - Supplemental - 0201 Patchen Road
-'5nutb Burlington .+ +ire Department 575 i9urnet street .3ntttb Nurlingtun. Ifermunt 05403 1 FAX: (802) 658-4748 (802) 658-7960 MEMORANDUM TO: South Burlington Planning Commissioin FROM: Wallace Possich, Fire Chief VP DATE: April 18, 1995 RE: Plans Review for May 9, 1995, Meeting I have reviewed the following site plans and my comments are as follows: 1. Centennial Commons Patchen Road Dated 4-11-95 A. Two entrances to the subdivision are needed. It may be possible to connect Arbor Lane to the entrance road. B. The street must be a minimum of 30 feet wide. C. Multi -family buildings must be at least 30 feet apart. D. Fire hydrants must be located no more than 500 feet apart. 2. 400 White Street Acceptable 3. Goss Dodge Shelburne Road Acceptable Dated 4-10-95 Dated 4-10-95 SITE PLAN CHECK LIST --- Lot drawn to scale --- Survey data (distances and lot size) --- Contours (existing and finished). --- Existing vegetation and natural features. --- Proposed landscaping (number, variety and size) equal or greater than the required amount in section 19.104 of the Zoning Regulations. --- Location of streets, abutting properties, fire hydrants, existing buildings. --- Existing and proposed curb cuts, pavement, walkways. --- Zoning boundaries --- Number and location of parking spaces. (RV parking for multi- family projects over 25 units). --- Number and location of handicapped spaces as required. --- Location of septic tanks (if applicable). --- Location of any easements. --- Lot coverage information: Building, overall and front yard. --- Location of site (Street # and lot #). --- North arrow --- Name of person or firm preparing site plan and date. --- Exterior lighting details (must be downcasting and shielded). --- Dumpster locations (dumpsters must be screened). --- Existing and proposed sidewalks (public). --- Sewer calculation --- Height of new construction. --- Setbacks (residential district, planned r.o.w., Interstate). --- C.O. Zone --- Bike racks --- Traffic generation --- Traffic Impact fees --- PUD/PCD standards --- Airport Approach cone --- Outside storage/display --- F.A.R. --- Lot merger agreement --- Setback from planned r.o.w. --- If boundary line adjustment, need subdivision? --- Nonresidential use setback from Residential District C 111'1' ( W ;;( X rH I HI VI J i,,:( I1)N Subdivision Application - SI<l-.[Ul E'tAN 1) Name, address, and phone number of: a. Owner of. record Randall G. Munson, 366 Dorset_ Street, South Burlington, VT 05403 (802) 863-6391 b. Applicant South Burlington Realty Company, 366 Dorset Street, South Burlington, VT 04303 (802) 863-6395 c. Contact person John Jaeger, South Burlington Realty, 366 Dorset Street, South Burlington, VT 05403 (802) 863-6395 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). This proposal is for a condominium housing development totalling 108 housing units on 27.76 +/- acres in the R4 zone. There will be four condomunium units per building, predonimately two- and three -bedroom 3) Applicant's legs floorplans with attached in the property (fee simple, option, etc) South Burlington Realty is a registered tradename of Randall G. Munson, the owner. 4) Names of owners of record of all contiguous properties S e e attached. 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. None ruposed extensiun, relocation, or mudiFical.iu►i (.)C munic:ipesl acilities such as sanitary sewer, water supply, streets, torm drainage, etc. This proposal includes approximately z000 linear feet of new roadway, along with related storm drainage (both open and closed), sanitary sewer, water and utilities 7) Describe any previous actions taken by the Zoning Board of Adjustment or by the South Burlington Planning Commission which affect the proposed subdivision, and include the dates of such actions! No previous actions are known which directly relate to this property. 8) Submit five copies and one reduced copy (8 1/2 x 11 or 8 1/2 x 14) of a sketch plan showing the following information: 1) Name of owners of record of contiguous properties. 2) Boundaries and area of: (a) all contiguous land belonging to owner of record and (b) proposed - subdivision. 3) Existing and proposed layout of property lines; type and location of existing and proposed restarictidhs on land, such as easements and covenants. 4) Type of, location, and approximate size of existing and proposed streets, utilities, and open space. 5) Date, true north arrow and scale (numerical and graphic). 6) Location map, showing relation of proposed subdivision to adjacent property and surrounding area. ( gnat re) applic nt 4r 4onkact person date -2- Centennial Commons - owners of contiguous properties Germaine Leclair 185 Patchen Rd. S. Burlington, VT 05403 Summer Woods Associates W.W. Hart 252 College St. Burlington, VT 05401 Summer Woods Community Association Carol Gansby, Agent P.O. Box 2121 South Burlington, VT 05403 Tygate Properties 1076 Williston Rd. S. Burlington, VT 05403 Evelyn Lamplough c/o Tygate Properties 1076 Williston Rd. S. Burlington, VT 05403 Dorfman, Carolyn R. 355 Patchen Rd. #1 S. Burlington, VT 05403 Pendo, Stephen A. 355 Patchen Rd. #2 S. Burlington, VT 05403 Burns, David M. 355 Patchen Rd. #3 S. Burlington, VT 05403 Carter, Elizabeth A. 355 Patchen Rd. #4 S. Burlington, VT 05403 Gouvin, John P. and Helen 355 Patchen Rd. #5 S. Burlington, VT 05403 Swainbank, John A. 355 Patchen Rd. #6 S. Burlington, VT 05403 Martin, James A. 355 Patchen Rd. #7 S. Burlington, VT 05403 Pasqual, Michael 355 Patchen Rd. 8 S. Burlington, V 05403 The Society of H. Adam c/o Carl Lisman Lisman & Lisman 84 Pine Street Burlington, VT 05401 City of South Burlington 575 Dorset St. S. Burlington, VT 05403 Marilyn J. Gleason 34 Luck St. Burlington, VT 05401 Richard & Sue A. Sweterlitsch 219 Patchen Rd. S. Burlington, VT 05403 Alan V. Merchant 215 Patchen Rd. S. Burlington, VT 05403 David A. Keough Holly A. Ryan 211 Patchen Rd. S. Burlington, VT 05403 Gary E. & Grace E. Martin 209 Patchen Rd. S. Burlington, VT 05403 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7965 May 5, 1995 John Jaeger South Burlington Realty Company 366 Dorset Street South Burlington, Vermont 05403 Re: Residential PUD, 201 Patchen Road Dear Mr. Jaeger: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and Fire Chief Wally Possich were sent to you at an earlier date. Please be sure someone is present on Tuesday, May 9, 1995 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Sincerely, Joe Weith, City Planner JW/mcp Encls PHASE IB ARCHAEOLOGICAL SITE IDENTIFICATION STUDY OF THE PROPOSED CEDAR RIDGE TOWNHOMES PROJECT, SOUTH BURLINGTON, VERMONT PREPARED FOR: SOUTH BURLINGTON REALTY COMPANY 366 DORSET STREET SOUTH BURLINGTON, VERMONT 05482 PREPARED BY: DOUGLAS FRINK, PRINCIPAL INVESTIGATING ARCHAEOLOGIST, AND BENJAMIN W. FAHY ARCHAEOLOGY CONSULTING TEAM, INC. 57 RIVER ROAD, SUITE 1020 ESSEX, VERMONT 05452 JUNE 1997 ACKNOWLEDGMENTS The authors wish to thank Edward Adrian, Charity Baker, Corey Glaser, Allen Hathaway, Julie Maurer, Cindy Norman, Kristen Runyon, Maia Skutel, Anna Turner, and Frank Zaske, members of Archaeology Consulting Team, for their contributions towards the completion of the field and laboratory work and the final report. We appreciate the skills of Roy Whitmore, who identified the species represented by wood charcoal samples collected during the archaeological studies, and a special debt of gratitude is owed to Philip LaPorta for his expertise and contributions to our understanding of the geological and cultural materials within the project area. iii ABSTRACT The Archaeology Consulting Team of Essex Junction, Vermont conducted a Phase IB archaeological site identification study of the proposed Cedar Ridge Townhomes project in the City of South Burlington, Vermont from August through October 1996. The planned development consists of a 92-unit residential condominium on approximately 17 acres of a 27.76-acre parcel. Prior to the Phase IB study, the Vermont Division for Historic Preservation determined that roughly 13 acres within the planned project were highly sensitive for possible Native American archaeological sites. One Native American site, assigned Vermont Archeological Inventory number VT-CH-705, was identified during this study. Buried cultural horizons were discovered in the northern portions of the project area which contained lithic tools and ore. Based on the lithic artifacts, soils and bedrock outcroppings (Clarendon Springs), this site represents a Native American quarry in use between 5,200 and 4,900 years ago. v TABLE OF CONTENTS INTRODUCTION.........................................................................................................................................I ENVIRONMENTALCONTEXT................................................................................................................1 PHYSIOGRAPHICREGION.........................................................................................................................I GEOLOGY AND GEOMORPHOLOGY....................................................................................................... I SOILASSOCIATIONS...................................................................................................................................7 FOREST COMMUNITY RECONSTRUCTION............................................................................................9 Northern Hardwoods -White Pine (Oak, Ash and Hickory Dominant).......................................................9 Pine-Hemlock-Oak....................................................................................................................................10 FreshwaterMarsh..................................................................................................................................... I I CULTURALCONTEXT............................................................................................................................13 t NATIVE AMERICAN SITE SENSITIVITY...............................................................................................13 j EUROPEAN AMERICAN SITE SENSITIVITY.........................................................................................13 METHODSAND PROCEDURES.............................................................................................................13 RESULTSAND DISCUSSION..................................................................................................................23 SOILS............................................................................................................................................................23 MeterUnit#1............................................................................................................................................23 MeterUnit#2............................................................................................................................................27 MeterUnit#3............................................................................................................................................27 MeterUnit#4............................................................................................................................................27 MeterUnit#5............................................................................................................................................27 NATIVE AMERICAN CULTURAL MATERIALS....................................................................................36 MANAGEMENT RECOMMENDATIONS..............................................................................................44 REFERENCES.................................................... APPENDIX A: SPECIES LIST APPENDIX B: SOIL PROFILE RECORDS ...... .............................................................................47 ................................................................................51 ........................................................................ 55 APPENDIX C: ARTIFACT INVENTORY RECORDS..........................................................................63 vii LIST OF FIGURES Figure 1: Cedar Ridge Townhomes Project Location Map, South Burlington, Vermont ...2 Figure 2: Cedar Ridge Townhomes, South Burlington, Vermont, Project Plan..................3 Figure 3: Physiographic Regions of Vermont with the Cedar Ridge Townhomes Project LocationIndicated.......................................................................................................5 Figure 4: Cedar Ridge Townhomes Project Location within the Clarendon Springs Formation.....................................................................................................................6 Figure 5: Soil Associations within the Cedar Ridge Townhomes Project Area..................8 Figure 6: Topographic Map of the Cedar Ridge Townhomes Project, South Burlington, f Vermont, Showing Phase IB Test Units....................................................................15 fFigure 7: Topographic Map of the Cedar Ridge Townhomes Project, South Burlington, Vermont, Showing Area of Focus during Phase IB Study........................................17 Figure 8: Cedar Ridge Townhomes, South Burlington, Vermont, Project Plan Showing PhaseIB Test Units....................................................................................................19 Figure 9: Soil Profile in Meter Unit #1, VT-CH-705 with 0CRDAT1,. Results ...................24 Figure 10: Soil Profile in Meter Unit #2, VT-CH-705 with OCRDATE Results .................28 Figure 11: Soil Profile in Meter Unit #3, VT-CH-705 with OCRDATE Results .................30 Figure 12: Soil Profile in Meter Unit #4, VT-CH-705 with OCRDATE Results .................32 Figure 13: Soil Profile in Meter Unit #5, VT-CH-705 with OCRDATE Results .................34 lFigure 14: Cedar Ridge Townhomes, South Burlington, Vermont, Project Plan Showing Quarry Area Preservation Easement for VT-CH-705................................................45 ix LIST OF PLATES Plate 1: Soil Profile in Meter Unit #1, VT-CH-705...........................................................25 Plate 2: Soil Profile in Meter Unit #2, VT-CH-705...........................................................29 Plate 3: Soil Profile in Meter Unit #3, VT-CH-705...........................................................31 Plate 4: Soil Profile in Meter Unit #4, VT-CH-705...........................................................33 Plate 5: Soil Profile in Meter Unit #5, VT-CH-705...........................................................35 Plate 6: Quartzite Wedge in situ within an Articulated Joint of Bedrock at VT-CH-705 .38 Plates 7 through 15: Groundstone Tools in the Perkins Collection, Fleming Museum, UVM..........................................................................................................................43 LIST OF TABLES Table 1: Artifact Distribution within Meter Units 1 through 5 at VT-CH-705 .................37 X1 INTRODUCTION The proposed Cedar Ridge Townhomes project is located on the west side of Patchen Road, east of Interstate 89, in South Burlington, Vermont (Figure 1). The planned development consists of a 92-unit residential condominium on approximately 17 acres of a 27.76-acre parcel (Figure 2). The project area is surrounded on three sides by wetlands. The wetlands feed several drainage channels related to an unnamed, highly dendritic tributary of the Winooski River. The Vermont Division for Historic Preservation (VDHP) reviewed this project under Criterion 8, 10 V.S.A., Chapter 151 (Act 250) to determine its potential impacts on European American and Native American archaeological sites. In April 1996, the VDHP performed a field walkover of the project area. About four acres in the eastern area of the project, including proposed building lots 1 through 8, were designated as previously disturbed and therefore did not require further archaeological investigation. The remaining 14 acres within the planned project area, however, exhibited a high degree of Native American archaeological sensitivity. Due to this high sensitivity and the large amount of proposed regrading, a Phase IB site identification study was determined necessary prior to construction activities in the project area. On August 8, 1996, Archaeology Consulting Team, Inc. (ACT), of Essex Junction, Vermont was retained by the South Burlington Realty Company to conduct the study. Fieldwork was completed between August 12 and October 23, 1996. ENVIRONMENTAL CONTEXT PHYSIOGRAPHIC REGION The project area lies within the Champlain Lowlands physiographic region (Figure 3) which is one of five physiographic regions in the State of Vermont (Fenneman 1938). This physiographic region is oriented north -south, and is located in a structural trough between the New York Adirondack Mountains to the west and the Vermont Green Mountains to the east (Stewart and MacClintock 1969). The Champlain Lowlands are underlain by almost horizontal, minimally altered Cambrian and Ordovician Period bedrock with some quartzite and slate (Welby 1961). GEOLOGYAND GEOMORPHOLOGY Bedrock underlying the Cedar Ridge project area consists of Clarendon Springs, Ticonderoga, and Rock River Dolomites (Figure 4). These types of bedrock contain fairly uniform, massive, smooth weathered gray dolomite with quartz sandstone and irregular masses of chert near the top. Clarendon Springs outcrops are located in north - south trending bands within both the Champlain Valley and the Vermont Valley (Doll 1961). The Clarendon Springs and Cheshire (quartzite) formations are the most commonly used bedrock sources for tool material in northwestern Vermont. Is S \ r+ %� ' .. QuarfY . c Qrvoir 1L_:��' _ `\ OO" Jl_JIJL a SC Micha ' 'a1)c \ `-\`•— f'i' • . / / -''NW Lh— Kith st I / +t �� • • � it 'w ��� ' � � ��� _r � •a ♦ �• • �iS 4- Ball ' �� 'Y�\��'` r ' \ • ntt� '•. pit I • `0ii/A'� � �<'� • �r-_':� '-1 \\ `� `' � \ _ / �. �i 17:� t � - `ray' � \ � �h\ `.� � � � /•; � i1 � ', �•�� -� � � „!t � �. _ \ _ -�/per. • I 8 1 •�+j t- Ir; I�/%i �' ;\ �--�__ ualr ��,ll� � b�� . � j � � l�J� - P - � Project Location tic'1) ' rojecoca • ;c:,• ''�^ �... BU NGTO 11;1• �� �. _ �� ��, �'t�':..I '�•� '• IN ATIO AIRP ::f • Ia � - - t I I j � South 1 . I � I I � 1 q,+y •• I, • . � y % -rye � l� "/ Burbngton { ! 'PjU1'l111 t N w d ci Country Club (/�� (%//.! __ ICI• — • •• SC i,l s. i. CC-5-1 m_ , rr "! � � S � � '",' a ��u �_. �•i � CN SCALE 1:240W — •i 1 � p 1 MILE 1000 0 1000 2000 3000 4000 5000 6000 7000 FEET l .5 0 1 KILOMETER Figure 1: Cedar Ridge Townhomes Project Location Map, South Burlington, Vermont (1987 USGS, Burlington, Vermont7.5 Minute Quadrangle) 2 3 I i / I / Z PROJECT LOCATION / J f 'Z fi Z Q Q Z 1 J D CL O t Q I Z / w w 1 pd 1 O kn / � fll f`J l l Z I Q I V � z Z O :) V O I I I �- I W I J J Q I > J l 1 Z p W Z�w Q � J Q = \\ W F' = C'' OC � O Z l F- Z O � N 0 W � 1 Z O LU S 1 1 1 r PHYSIOGRAPHIC l REGIONS OF f r VERMONT N I ~ J f 0 I � a � � t W > \ Figure 3: Physiographic Regions of Vermont with the Cedar Ridge Townhomes Project Location Indicated CC � IL L'r r.' 1f10�,.�+� \ \\ t. v, � t ;f .jam. \\�,;`.,' "- ; ^�i �•`•' } �1. �`'•' ii � ,� Int in is m Z PROJECT AREA `~` `\ \ ♦ `� .y rT F z CLARENDON. SPRINGS \ 3-s •! £d hII r ob � Shelburn o� 'Point Ob Uf + p ,� �Oc Ob JON Nat Crh �FJ• yy j_}r' \ / f'£W) Clarendon Springs, Ticonderoga, and Rock SP♦�\�'G f f i\'. al River dolomites; Gorge formation Fairly uniform, massive, amooth weathered pray dolomite SCALE r �{ /' 1 v1 characterized by numerous geodes and knots of white !] l y{•� t , 't\ L�*'U.'zS,. \ '` ' ry quartz; quartz sandstone and irregular masses of chert 1 1 ' ?'�lt` \\ are near the top. Called the Ticonderoga west of Orwell Cl and Champlain thrusts and the Rock River cant of 2.5 Miles Philipsburg thrust. The Gorge is a partly conglomeratic 1 7: /•.{JVSiaisttGY //'�"•. 7 fX .. t 1 1. \\ ,MY 'J " 7� ♦♦`f facies on weal limb of the St. Albans a nelinorium. Figure 4: Cedar Ridge Townhomes Project Location within the Clarendon Springs Formation (Doll et al. 1961) 6 Glacial, alluvial, and marine sediments draped the bedrock in the Champlain Lowlands and contributed to their level topography, especially at lower elevations r (Welby 1961). The Quaternary Period (from 2.5 million years ago to the present) is ti marked by regular climatic oscillations, resulting in a series of glaciations and interglacials (Pielou 1991). The most recent Laurentide ice sheet of the Wisconsin glaciation reached its maximum extent in the Pleistocene epoch (2.5 million to 10,000 years before present [ybp]) around 18,000 ybp and covered most of New England with ice up to 1,500 meters (4,920 feet) thick (Connally 1982; Stewart and MacClintock 1969; Van Diver 1987). Glacial erosion during the Wisconsin and previous glaciations accentuate the north -south trends inherited from the bedrock. Extensive topographic changes in the Champlain Lowlands resulted from glacial deposition rather than erosion. During the retreat of the last ice sheet in the Pleistocene epoch between 17,000 and 15,000 ybp, glacial Lake Vermont formed in the Champlain Valley and the adjacent river valleys of the Missisquoi, Lamoille, and Winooski (Van Diver 1987). Large quantities of lacustrine material accumulated in these areas during this period of submergence (Allen 1989). Wave -cut terraces on higher slopes indicate that Lake Vermont had several levels. The northward -receding ice front led to the development of successively lower stages of Lake Vermont and its associated river valleys (Chapman 1937). Geologists currently recognize four stages --the Quaker Springs, Coveville, Fort Ann, and Greens Corners stages --of Lake Vermont based on the correlation between the oldest and youngest shoreline feature elevations (Connally 1982; Stewart and MacClintock 1969; Wagner 1972). The Laurentide ice sheet receded north of the Champlain Lowlands and the St. Lawrence Valley by 12,000 ybp, although ice caps may have remained in the Green Mountains (Brakenridge et al. 1988; Connally 1982). The immense weight of the continental glacier had depressed the earth's crust, which led to the invasion of St. Lawrence estuarine waters forming the Champlain Sea between 12,500 and 12,000 ybp (Freeman-Lynde 1980). Isostatic rebound from the retreating glacier caused successively smaller stages of the Champlain Sea and isolated the Champlain Basin from the ocean. Complete separation from marine waters occurred between 10,300 and 10,000 ybp and created today's modern freshwater Lake Champlain. Today, the project area is surrounded on three sides by wetlands. These wetlands, along with numerous associated distributaries, drain into an unnamed tributary of the Winooski River located about 1,000 meters (3,280 feet) to the north. Lake Champlain is located about 3,200 meters (10,500 feet) to the east. SOIL ASSOCIATIONS Four major soil associations are classified in the project area by the Soil Conservation Service, presently part of the Natural Resources Conservation Service (Figure 5). Small portions of the western project area contain deep, poorly drained, gently sloping Scantic silt loams. The eastern slopes are composed of steeply sloped 7 E£/Y aM 41� }� Fib c4L `. '�Y ,.- �'• C _ -•'ti-s � rYr 0 N C��Er _ � B J ."tK"!� ~ �-. 4 ,, zC� 7- r � �-a;iilE �� � - #•c , •% tl�c'L lldit r H Fu ? .3 a �`V YJc N A KSB _at Br �� v � d /t'.,�..•y 3 � { � 4f f .4 y Yam:.` � y�� - ..v � J* . m-..r i �r .- - A Bey �:� �r - � . ,z t,.l .�• _ h.�f r .' "1 � ' 4 1PROJECT AREA `��. AdA s AdA tix'��+ IA :d �!ERMOlYT AIR !: Eu +S . ! n w ' <a • �°` ° 'K. 3VATIONAL GUAR13 uy FU T G YB. �: is �' .� '� x(4u .s L • �r !`- f '„il _. _"Ji ` � t� A* 3 t j a •r-. , r 61, , � t . � - ;, �. r;,. ,.^, •- Cry, b - . � � ♦ - + :, la � /.. r � t r�• l � B(• - � t� �. ,,.r�� J �! A �. r :1�17 ty�n y '� `� .��„T`j � "tr� `'�`:'± - �. a - 1• 's t •' �r• ♦ ;rF i.rl ,� - L. ' , Fu �:Y SKY j1 c ! dA p Ii f �l� s 1 N`' '+F+ " VV .�.�. [ j ; i _t i r., . t✓�.: t - '�'-�. - t .1 -+y �" i IB.I�,.Ci I' Y - r ., t. `� F y t . J''r a ; y*,l• ^ �UjJ `55 ~,I(�GAdA '- SCrj-..; 'l �r���.rf 1�. L . . t. :•� s7L ;�iY+�'� �,,, '� ,7 zrfj i it.f ''.I.gI i +.-- 3 ts'c,",';,'�'�'.�:.`� 6d9. tl J,,}}itir- ���. • .� Ir - =�t�'} _-fin �.� si '4.a'. tM`... ..�.3a' ._.'• AtlA + �X r � ! A �a � a I dki 9 {' � - AdA � �.�` , � Y _ _ S- �'� a dx V:�r. �I �" v{•a � w •!p •� t ' xa+ .air. I"', . ,� �� $lBta- 4'"'t-i � •l '17' , � 'r �-.. `�'_ �1�. _ _ !1 S r Ph ' �. t�: e ! l'�'•... .1 ' i�'�-'Y•V• ,if: -t P q y � �' yi-3' �r. .Ad.9il� ' p a:.! �1..'_ _ � � � F. 'r" 1 3/V2 V4 1 Mile' 5000 4000 3000 2000 1000 0 5000Feet T yz-.' .. tt'�r-..� _ 2 .� , t } � ,.. r.. : �_. : a 1�.„y4.'„��;_K � .. f � J. .� ^1�4'Lr Scale 1: 15 840 " �' ..Y 4• 7>: Ttj?f, o•-r.,. ! � '. 2 -� }... � i1. r r r r ,:•,� ;:. s t . JX AdA :. Figure 5: Soil Associations within the Cedar Ridge Townhomes Project Area (Allen 1989) M Adams and Windsor loamy sands. These soils are deep, loose and excessively drained soils that develop on beaches, deltas and terraces. The southern portions of the project t area contain gently sloping Munson and Raynham silt loams, which occupy irregularly shaped hillocks on glacial lake plains and terraces. In the northern sections, Hartland very fine sandy loams are dominant. These soils are steeply sloped and occupy terrace edges, knolls, ridges and hills (Allen 1989). FOREST COMMUNITY RECONSTRUCTION The USDA Soil Taxonomic System is based on the five interdependent factors that form soils defined by Jenny (1941): parent material, climate, relief, time, and biota. As the coevolution of soils and biological communities is fundamental to the soil classification system, a direct correlation between soils of similar geneses and forest communities is possible if all other factors remain constant (Frink, Knoblock and Baker 1994). Our reconstructions of forest communities are based primarily on soils and topography (Allen 1989) and secondarily on tree species recorded in original land surveys of Chittenden County (Siccama 1971). These reconstructions have been used to identify some of the ecological environments that existed prior to European settlement. We have defined nine general forest communities by soil association for Chittenden County, Vermont (Frink 1996). These forest communities differ slightly from definitions established by foresters and ecologists (Ricklefs 1973; Spurr and Barnes 1980). The defined forest communities are more general and inclusive, and biased by our research focus on potential human use and exploitation. While the relationships between the specific soils and forest communities presented below are unique to the Northeast, this modeling process may be easily adjusted and applied to other regions. Each defined forest community would have yielded a seasonally high biomass of particular food -related resources that would attract certain plant and animal species. The Cedar Ridge project area exists at or near the boundaries of three defined forest communities: northern hardwoods -white pine (oak, ash and hickory dominant); pine - hemlock -oak; and freshwater marsh. Appendix A contains a complete list of flora and fauna mentioned in the text from these forest communities. Northern Hardwoods -White Pine (Oak, Ash and Hickory Dominant) The northern hardwoods -white pine (oak, ash and hickory dominant) forest community grows in soils that form in somewhat well drained, deep saltwater deposits that are high in base salts. This forest community covers the majority of southwestern Chittenden County and supports a highly diverse floral and faunal population. White pine, white, black and red oak, sugar maple, beech, several species of hickory, and hop hornbeam trees dominate the canopy of the forest. Numerous herbaceous plants, including trillium, columbine, hepatica, wild ginger, lilies, and ferns, as well as woody shrubs, such as high bush blueberry, compose the understory (Harris 1990). Mammals common to this environment include black bear, white-tailed deer, red fox, weasel, red 9 squirrel and white-footed mouse. Many song birds, partridge (ruffed grouse), turkey, amphibians and reptiles also live in this environment (Johnson 1980). A high nut biomass and wood resources are available, along with a widely diverse, high density concentration of floral and faunal resources, from early summer until late fall. Small and moderate -sized processing camps and kill spots are expected within this forest community. The northern hardwoods -white pine (maple, ash, and beech dominant) forest community may also have been represented in this area. In areas of well -drained, shallow to bedrock glacial deposits, these trees would have an advantage over oaks and hickories that would thrive in deeper, base saturated soils. However, this forest community would likely exist in scattered micro -niches within the larger ecological context. Pine -Hemlock -Oak The glacial outwash deltas of rivers in the Champlain Valley support the pine - hemlock -oak forest community. The dominant soils that coevolve with this forest community are sandy, nutrient poor, acidic, deep and moderately to excessively well - drained Spodosols. A mature pine -hemlock -oak forest evolves toward a mixed oak and hemlock dominated forest. However, the evolution of a hardwood dominated forest is prevented by the frequent forest fires characteristic of this forest community. Oak is more susceptible to small to moderate -sized fires than pine. Following deforestation from large catastrophic fires, low-lying, shade intolerant species emerge and thrive until the forest canopy redevelops (Pyne 1988). The burning episodes alternate with the maturation of forest vegetation. In the first stage of growth immediately following a burn episode, colonizing shrubs, berries, grasses, herbs, and wildflowers cover the exposed forest floor. These shade -intolerant plants grow for three to seven years until the canopy thickens and blocks the light. The second stage is distinguished from the first by more developed pine and oak masts, and limited undergrowth. Both stages support a wide range of flora and fauna during specific times of the year. The first growth stage produces small fruits and nuts in the mid to late summer. Plants attract herbivores, which in turn attract carnivores and omnivores. The secondary growth stage, with its well -developed canopy and limited undergrowth, yields nuts and seeds in the fall. The concentration of acorns and seeds attracts mammals of all sizes. Small to moderate -sized processing camps and kill spots are expected within this forest community. Differences in site location and frequency may reflect the use of the two different growth stages characterizing this forest. 10 Freshwater Marsh Although generally not thought of as a forest community per se, the freshwater marsh favors muck and peat soils. This forest community type occurs as an ecological niche within other forest types, or at the interface between water and land environments. The Lake Champlain shoreline along the western border of Vermont includes many bays and associated wetlands. These lake -associated wetlands, along with several existing and former smaller lakes and ponds, produce a wider variety and greater abundance of flora and fauna than any other ecological environment in Chittenden County. Among the diverse organisms represented in this ecological environment, several types of species are conspicuously abundant during specific seasons of the year. These inhabitants include plants, birds, fish, mollusks and crustaceans, mammals, amphibians, and reptiles. In wetland environments, plants flourish during the summer and early fall seasons. The complexity of environmental conditions within the wetland results in a similarly diverse floral population. Vegetation within the wetland is chiefly determined by water depth. As a result, wetland vegetation is described by dividing the plants into three types: emergent, floating -leaf, and submergent. Emergent flora includes plants that grow with roots and often portions of the stems in wet soil or water. Examples of emergent plants found in Champlain Valley wetlands include scouring rush, cattail, bulrush, three-way sedge, burreed, wild rice, spikerush, arrowhead, pickerelweed, waterdock, smartweed, arrow arum, and sweet flag. Floating -leaf plants are those rooted in deeper water that tend to send up broad, floating leaves to the surface where photosynthesis takes place. Nutrients move between leaves and massive tubers via flexible and slender stems that can grow up to six feet in length. As a result, this group of plants can adapt to fluctuating water levels more easily than emergent plants. Examples of this plant type in the Champlain Valley include the water lily, splatterdock, water shield, duckweed, and water meal. Submergent plants are generally rooted plants with stems and leaves and they are mostly or entirely underwater. This type of plant is characterized by fine complex and compound leaves that maximize the available sunlight and help it to flourish in murky waters. Flora in the Champlain Valley representing this type include coontail, waterweed, pondweed, water -celery, water marigold, bushy pondweed, water-stargrass, and bladderwort (Countryman 1978, 1977). Wetlands and associated bays form essential feeding and nesting habitats for waterfowl, marsh birds and shorebirds. Waterfowl prefer plants available only in marsh environments. Although relatively few species of birds winter in the area, great numbers pass through the valley during the spring and fall migration periods. Species including ducks, geese, loons, pied -billed grebes, American bitterns, herons, black terns, red - winged blackbirds, and Virginia rails depend on Lake Champlain bays and wetlands. Other now -extinct species, such as the passenger pigeon, once depended on the valley as well (Spear 1976). Wetlands are also favored by the waterfowl that stay to nest. Water levels are high in the spring, inundating adjacent hardwood and shrub areas, and provide ideal nesting environments for waterfowl. 11 Although relatively little is understood of fish in wetland environments, it is known that they are most concentrated in the spring (Weller 1981). Large fish gather in the bays to spawn, while smaller species tend to spawn in the wetlands. The larger species either spawn in the bays or pass through the wetlands to spawn upstream in the larger tributaries. The young of larger species of fish may inhabit wetland areas, but adults live in the deeper open waters. The littoral zone, comprised of the wetlands, supports many warm water fish, including yellow perch, pike, chain pickerel, brown bullhead, sunfish, creek chub, black crappie, sauge, muskellunge and sheepshead. Some of these fish, like the northern pike, walleye, and brown bullhead, also frequent the colder open waters, especially as adults. The profundal zone, with the deepest and coldest waters, supports large fish including brook trout, rainbow trout, brown trout, landlocked salmon, lake trout, smelt, whitefish, American eel, walleye, and small -mouthed and large - mouthed black bass. While, in general, fish are most concentrated in the spring, the large fish also tend to gather in the bays during the winter months because the waters are relatively shallower and warmer than the open water of the lake (Johnson 1980). Other large lake fish, including lake sturgeon, bowfin, long -nosed gar, and freshwater codfish, now rare, once frequented these waters. Mollusks and crustaceans are found below the moderately deep limnetic waters in the muddy benthic zones of the wetland and bay environment, where there is sufficient oxygen as well as warmth and light to support them. Plankton, tiny drifting or swimming forms of crustaceans, are an important resource for all sizes of fish, amphibians, and birds. Larger crustaceans, including crayfish, are found closer to shore and build conspicuous mud tubes from their underwater burrows. Crayfish are notably preyed upon by mink and raccoon. Mollusks such as snails and freshwater clams also prefer benthic waters on the bottom of deeper wetland waters and the open lake (Weller 1981). Muskrat, river otter, beaver, and mink are mammals that live in the bay and wetland environments. Other mammals may come to the edge of the wetland area for food during the spring and summer months. Reptiles found in Champlain Valley wetlands include eastern garter snakes and several types of turtles. Amphibians, including frogs and toads are also found in the wetlands of the Champlain Valley. These species become more terrestrial as they mature (Weller 1981). Hundreds of varieties of insects breed and live in and on the warm, still waters of Champlain Valley wetlands. These organisms provide a major food source for other invertebrates, birds, fish, mammals, amphibians and reptiles. Many archaeological sites may be associated with the freshwater marsh community, given the high density of potential resources available most of the year. Although few identifiable archaeological sites are expected within the freshwater marsh itself, dry, flat or gently sloping land adjacent to the marsh within the ecotone of adjoining forest communities are likely to contain resource processing sites. Archaeological sites may exhibit expected characteristics from both the freshwater marsh and the adjoining forest community. 12 CULTURAL CONTEXT NA TIVE AMERICAN SITE SENSITIVITY The VDHP currently recommends archaeological review for Native American archaeological sites for those projects that will have an impact on soils located within 61 meters (200 feet) of former or existing water sources, with gentle slopes and relatively good soil drainage characteristics. Considering these environmental characteristics, the project area has a high potential for containing Native American archaeological sites. The proposed building lots 1 through 8, however, were found to have been previously disturbed and the VDHP determined that no further archaeological investigations were required in these locations (see Figure 2). These disturbed locations, covering approximately four acres, have been variously altered by grading, filling, and recent sand borrow activities. The remaining 13 acres within proposed construction areas, however, exhibit a high potential for containing Native American archaeological sites. EUROPEANAMERICAN SITE SENSITIVITY The VDHP determined that the potential for European American sites is low. In the walkover, no historic sites or features were identified, except a probable road cut west of the ridge near proposed lots 21 through 23 (see Figure 2). Subsequent field inspections and archival research by ACT support this determination. No significant European American period information is anticipated within the project area. METHODS AND PROCEDURES Fieldwork was conducted in accordance with the State of Vermont's Guidelines for Archeological Studies (VDHP 1989). Two general stages of fieldwork were performed to complete this Phase IB study. The first stage of fieldwork consisted of the excavation of 78 STPs, each measuring 40 x 40 centimeters (16 x 16 inches) (Figure 6). These STPs were laid out with pocket transit and tapes along either transects or clusters depending on the size and shape of the landforms. STPs were spaced at eight -meter (26-foot) intervals, and STPs on parallel transects were offset four meters from each other for maximum field coverage. Clusters consist of a central STP surrounded by up to four STPs in each cardinal direction. A total of 37 STPs were excavated within eight clusters, and 40 STPs were excavated along nine transects. In addition, one isolated STP (Judgment Pit 1) was excavated. All transects and clusters, as well as natural features such as an outlet spring and a large sinkhole, were tied into existing survey hubs (Hub 24, TR Bar 26, and TR Bar 17) with a transit (Figures 6, 7 and 8). All eight of the clusters and transects 1 through 3 were laid out to test the western limits of the project area. The project plans were initially misinterpreted, and the subsequent placement of many STPs in the clusters and first three transects were actually located outside project limits. Transects 4 through 9 were placed in the northeastern portion of the project area near the outlet spring. 13 X TRANSECTS 1-3 CLUSTERS I 8 HUB 24 v. TR BAR 26: . • ` \ �_ ;, ; �. • �\ �:• METER UNITS �, SINKHOLE ;• ' 11Y if .4PRf - •'• \\\ - I r} 1 , • _1 i - - `\ , '� `- OUTLET SPRING• TRANSECTS.4-8' _ _ -. !, f::;,�'� I l� l ! t' i� ��.,' ;: �,.;, 1 i i • ';� TR BAR 17 _- 1:x A\ ., \ `, , 5 . nil v , l • , 1 I 6 -- i; 11 1� e.r..r. R� wm •,, Ol f . 1p TRUDELL . p y CONSULTING ENGINEERS. INC. •_--�T_--- Mi.lry _ r��.��M •i 0•Y _ CR, CEDAR Rl DGE TOWN HOMES Patchen Road South BudIngton, Vt. Topography Plan Al Figure 6: Topographic Map of the Cedar Ridge Townhomes Project, South 15 Burlington, Vermont, Showing Phase 113 Test Units CLUSTER8 / I t UNITS p'.. r L r! Ir ./•�i/- , _ ,` `; \ - ). .t . TR BAR 26' — ` _ •_...— ` ` _ , _ `' _:� • 4 ` �.', J I _ ,. \ •.- It: j ♦ �`' ,.1\ . \ \ `���.._. ' ` '; ��, � --. _ • _ \ — `UNIT 1.4. •-- ._. ._ __ ...... _ / _.. \�\ SINKHOLE \� �'�---._.i/ TR.8 � - R.5 \ ,� ! � ,fir "•• ``\ _• /! , ..TR.4 ` j OUTLET SPRING:_ ..... ....... ...... . • `� o J / • i \ . \ D' UNIT 2/ PROJECTILE POINT.-- r - \ UNIT 0! . ; - �\ \^ // + LOCATION mac[ 5, • TR.T \ — UNIT 4 / ❑ - ram! ._. ... .'``'+._I �•'• / J \` � .. __ _ SCALE MN .. :\ ` + l I \17 0 3o soft Jj `TR BA1`V Figure 7: Topographic Map of the Cedar Ridge Townhomes Project, South Burlington, Vermont, Showing Area of Focus during Phase IB Study 17 } TRANSECTS 1-3 CLUSTERS 1-8 }.rt,l Q101 .faD•.R K I HUB 24 1 \ 1 1 SINKHOLE. OUTLET SPRING ` ��/�' .JS fir- - r.•�' _ '. -.�.- __ - TRANSECTS 4-8 I \ 11 If 11. FD 1t y • a a ...,- • / V t D1 �� • \1 "QA 60 0 60 120 160 240 'VTR BAR 17 It I TRUDELL CONSULUNG ENGINEERS.ING tl � • � 1 _J! ^••S7.la AZ-• 1 CEDAR RIDGE TOWNHOMES Patchen Road South Burlington, Vt. Topography Plan wlth Proposed Units M Figure 8: Cedar Ridge Townhomes, South Burlington, Vermont, Project 19 Plan Showing Phase 113 Test Units Once excavation of the STPs began, it became apparent that much of the soil stratigraphy did not fit the expected natural profile. Many of the test units in the northeast portion of the project area (adjacent to an outlet spring and its stream, and near proposed lots 8 through 10), contained soils lacking structure or mature development. Given these profiles, three STPs were expanded to 50 x 50 centimeter units, one each on Transects 6, 7 and 8, to allow for deeper units and gain a better understanding of the soil stratigraphy. The three deep test units revealed buried cultural A soil horizons. The buried A horizon and parts of the overlying C horizon contained quarry waste pebbles, ore, and associated lithic tools, such as wedges and chisels. These artifacts were found just above the bedrock, at one meter (3.28 feet) below the present ground surface or more. These profiles and associated lithic material suggest that much of the project area is covered with prehistoric fill soils from Native American quarrying of the Dolomitic Clarendon Springs bedrock outcrops found in the project area (see Figure 4). Philip LaPorta, the consulting geologist, toured the project area in early October 1996. Mr. LaPorta, who has an extensive background in the geology of northeastern prehistoric quarries, observed the bedrock outcrops and the lithic material we had recovered in two of the three 50 x 50- centimeter units and concurred that the area is a former Native American quarry site. Due to the depth of the cultural deposits, standard 40 x 40-centimeter STPs would not provide adequate testing of the project area. The scope of work was therefore renegotiated based on these results. The second stage of fieldwork involved the excavation of five 1 x 1-meter units. These units were strategically placed on the landscape to better understand and assess soil stratigraphy and Native American quarrying activities (see Figures 6 and 7). Meter Unit # 1 was placed on a flat, small shelf west of the stream flowing from the outlet spring (near Transect 8, STP 1), and east of a high ridge. Meter Unit #2 was located on a higher and larger terrace to the south of the outlet spring and adjacent to Transect 7. Meter Unit 43 tested a lowland area on the western limits of the project area. While meters units # 1 and 42 were to the east of the ridge, meter units #4 and #5 were both to its west. Meter Unit #4 was located on top of a bedrock scree slope, while Meter Unit #5 was placed at the base of the slope. Several deep soil core samples were also taken. All STPs were excavated by pedogenic level and the contents were passed through 0.64-centimeter (0.25-inch) mesh hardware cloth to recover archaeological materials. Soil profile descriptions for each unit, as well as other environmental and contextual information, were recorded. Recovered artifacts were taken to the ACT laboratory to be washed, cataloged and analyzed. Due to our limited knowledge of Vermont prehistoric quarry sites, all recovered lithics from meter units #1 through #5 were brought back to the laboratory. Detailed soil profiles of all five meter units were drawn, and soil samples were obtained at five -centimeter intervals throughout these five soil profiles. Oxidizable Carbon Ratio (OCR) analysis was performed on these samples to better understand the sequence of pedogenesis (Frink 1992a, 1994). 21 RESULTS AND DISCUSSION SOILS Because of the disturbed nature of the soils in most of the project area, a "typical" soil profiles was not definable. While Appendix B contains soil profile records for all excavated units, our analysis focuses on soil processes represented in the five 1 x 1-meter units. Meter Unit #1 Meter Unit #1 (Figure 9; Plate 1) contains a very dark brown AP horizon to 8 cmbs, followed by a black AE horizon to 12 cmbs. Between 12 and 15 cmbs, a thin, brown Bhs overlies a dark yellowish brown Bs horizon extending to 31 cmbs. The upper solum (defined by the limits of pedogenesis) ends in a yellowish brown B/C soil horizon at a depth of 45 cmbs. Multiple light brownish gray C and A/C horizons of varying textures are documented between 48 and 140 cmbs. Finally, a thin buried A horizon (4A) lies directly over the chalk -crusted dolostone bedrock. Although most of the profile contains fine sandy loams, limited discontigious bodies of clay, silt, and gravel are present. Cultural artifacts were recovered primarily from the lower 2A/C, 3A/C and 4A horizons. Based on OCRDATE results, pedogenesis in the upper solum of Meter Unit #1 has been uninterrupted for the past 4,900 years (see Figure 9). Below the B/C horizon, the fill soils are jumbled. These soils are all older than the pedogenic soil above, indicating a mixed stratigraphy. The 4A horizon (the original surface prior to fill operations) dates from about 5,000 years ago, when pedogenesis was arrested due to its burial. No confidence intervals have been provided for these samples, as the results are an expression of the "mean residence time" (MRT) for all organic carbon within the sample (Frink 1995). A charred root fragment was recovered from the 3A/C horizon of Meter Unit #1, and submitted for 14C analysis, to determine whether the observed characteristics of this horizon are the result of in situ pedogenesis or are inherited from a previous location. The 14C analysis of the fragment, identified as white pine (Pinus strobus) by Dr. Roy Whitmore, resulted in an age estimate of 530 ±60 years before present (Beta #102164). This date suggests that it is an intrusive root from a tree originating at the present surface. Although the root fragment did not help to determine the original location of pedogenic development for the 3A/C horizon, the OCRDATE age estimates (older than both the oldest age of the upper solum and the lower 4A solum) suggest that the pedogenic characteristics of this horizon are inherited from its previous location. 23 MRT OCRDATE YBP (1950) Surface E 165 Ap 10 cmbs f-,532 — AE E 965 BhS 20 cmbs E- 1626 F 2539 Bs 30 cmbs E 3233 E 3439 .. 40 cmbs E 4866 F 5292 B/C 50 cmbs - - _ F 5546 60 cmbs - ' - E 5592 r 70 cmbs ' - " P e ,'� . 47.5301 ; E 5941 ' 80 cmbs �` r� E 6282 ` `� 90 cmbs E 5972- - --- f- 5449 100 cmbs (r5272, 5430 2A�C \ l\� 110 cmbs 5336 3A/C i F 5417. 120 cmbs , = ��1� 1;� F szo2 4A 130 cmbs 140 cmbs \\// \%\� Bedrock 150cmbs Figure 9: Soil Profile in Meter Unit #1, VT-CH-705 with OCRDATE Results . 24 Plate 1: Soil Profile in Meter Unit # 1, VT-CH-705 25 Meter Unit #2 The soil profile characteristics of Meter Unit 42 are similar to those documented for Meter Unit 41 (Figure 10; Plate 2). Pedogenesis in the upper solum of Meter Unit #2 has been uninterrupted over the past 5,200 years. The fill soils are all older than the active pedogenic soil above them, and vary in age independent from their present stratigraphic position. The OCRDATE age of the lowermost solum, indicated by the 4A horizon, dates from 5,500 years ago, when fill soils stopped the pedogenic development of the original solum. The 4A horizon in Meter Unit #2, like that in Meter Unit #1, represents the original surface prior to the fill operations that took place over a short interval of time --approximately 300 years. Differences in the OCRDATE age estimates for the upper and lower sola of these two units may be attributed to their differing positions on the landscape (Meter Unit #1 is located near the toe of a slope, while Meter Unit 42 is located on the top of the mound), or may indicate different episodes of fill activities. Meter Unit #3 Meter Unit #3 (Figure 11; Plate 3) was selected, based on field observations, as a control profile unaffected by quarry activities. Meter Unit #3 appeared to contain just one solum of natural, undisturbed silty water -deposited sediments with no cultural materials. However, the OCR analysis revealed the presence of a 22 to 24 cm -thick colluvial cap of eroded soils overlying the undisturbed, silty water -deposited sediments. This event of deposition occurred sometime between 6,350 and 4,700 years ago. The presence of this colluvial cap indicates the large scale environmental degradation and soil destabilization that occurred at the site around 5,000 years ago. Meter Unit #4 Meter Unit #4 was excavated to irregularly protruding bedrock at depths of between 75 cm and 115 cm below the surface (Figure 12; Plate 4). Unlike meter units # 1 and #2, no buried A horizons were encountered. However, the OCR analysis resulted in a similar age for the sub-solum C horizons, with an average age of 5,312 ±31 YBP, only slightly older than the maximum age of pedogenesis in the upper solum (4,962 YBP). This data strongly suggests that the soils in and around Meter Unit #4 were heavily affected by major catastrophic activities sometime between 4,962 and 5,312 YBP. Meter Unit #5 Meter Unit #5 is located at the bottom of a scree slope below Meter Unit #4. The profile records colluvial processes (slope wash) overlying water -deposited silty sediments (Figure 13; Plate 5). The upper solum (A, A/BS, and BSBC horizons) aggraded over the past 5,000 years, and overlay a buried solum (2A and 2A/C horizons) which ceased to pedogenically develop sometime between 5,009 and 6,510 YBP. 27 Surface 10 cmbs 20 cmbs 30 cmbs 40 cmbs 50 cmbs 60 cmbs 70 cmbs 80 cmbs 90 cmbs 100 cmbs 110 cmbs 120 cmbs 130 cmbs 140 cmbs 150 cmbs MRT OCRDATE YBP (1950) AE Bs B/C — C 2C 13C — 4A Bedrock Figure 10: Soil Profile in Meter Unit #2, VT-CH-705 with OCRDATE Results 28 Plate 2: Soil Profile in Meter #2, VT-CH-705 29 Surface 10 cmbs 20 cmbs 30 cmbs 40 cmbs 50 cmbs 60 cmbs 70 cmbs 80 cmbs 90 cmbs 100 cmbs 1 10 cmbs 120 clubs 130 cmbs 140 cmbs 150 cmbs MRT OCRIATE YBP (1950) Ap — Agb Figure 11: Soil Profile in Meter Unit #3, VT-CH-705 with OCRDATE Results Cib C 2 b 30 Plate 3: Soil Profile in Meter Unit #3, VT-CH-705 31 Surface 10 cmbs 20 cmbs 30 cmbs 40 cmbs 50 cmbs 60 cmbs 70 cmbs 80 cmbs 90 cmbs 100 cmbs 1 10 cmbs Turbation C MRT OCRDATE YBP (1950) f- 232 + 1319 E_1120 AB E 1832 E 2388 Bs E 3133 E 3785 E 4249 BC f- 4962 E 5350 E 5312 E 5355 f- 5319 C E 5316 f- 5284 + 5314 \\\ \\\� ���i\\ Rock E 5325 E 5329 E 5294 2C E 5239 �y••� ��:\� ���'�\�'����� Bedrock Figure 12: Soil Profile in Meter Unit #4, VT-CH-705 with OCRDATE Results 32 Plate 4: Soil Profile in Meter #4, VT-CH-705 33 Surface 10 cmbs 20 cmbs 30 cmbs 40 cmbs 50 cmbs 60 cmbs 70 cmbs 80 cmbs 90 cmbs 100 cmbs 110 cmbs 120 cmbs 130 cmbs MRT OCR—. YBP (1950) A A/Bs Bs/BC BC/2A 2A/C 3C Figure 13: Soil Profile in Meter Unit #5, VT-CH-705 with OCRDATE Results 34 Plate 5: Soil Profile in Meter #5, VT-CH-705 35 The soil profiles of all five meter units depict the effects of a major localized catastrophic event that resulted in resetting the clock on soil development. Quarrying activities by Native Americans, between 5,200 and 4,900 years ago, required the excavation and movement of the soil mantle over large areas to gain access to the bedrock. Translocated soils are evident in meter units #1, 2 and 4. The ecological disruption to this local area caused by these early excavations is evident in the amount and extent of colluvial deposits overlaying meter units #3 and 5. The sediments in the unconsolidated quarry -related spoil piles eroded easily, as they were unprotected by vegetation. These sediments washed downslope during rainstorms and snowmelt runoff before they were deposited as a capping on low-lying postglacial littoral sediments. NA TIVE AMERICAN CUL TURAL MATERIALS During an initial walkover inspection of the project area in August 1996, an Otter Creek -style projectile point was found in the stream bed of the outlet spring (see Figure 7). The projectile is made of Clarendon Springs chert and dates to the Laurentian Tradition of the Late Archaic Period (5,500-3,500 years before present). Subsequently, this site was assigned site number VT-CH-705 in the Vermont Archeological Inventory. When first encountering an archaeological site, the archaeologist knows that it is likely that many class of artifacts will not be present. Textiles, wood, and bone are apt to decompose relatively quickly and become indistinguishable components of the soil. Ceramics are pulverized by various soil turbations and, over time, often crumble into grains of sand. Yet despite this knowledge of lost data, the archaeologist must assume that the data recovered from a site still somehow depicts the behavior of people long ago. With the poor preservation of several classes of artifacts, archaeologists have relied heavily on the one category of artifacts that does not readily rot or crumble: lithics (rocks). By focusing on lithics as a data class, archaeologists may maintain the scientific principles of representation, at least in part, to study the behavior of past people. Chert and quartzite projectile points, knives, scrapers, and debitage (waste flakes) can be found on many studied Native American sites in Vermont. In fact, with the noted exception of heat -altered rocks (burned or cracked stones that once lined cooking hearths or boiling stones used to transfer heat to liquids), chert and quartzite lithics are most frequently identified as having cultural significance. The bias towards these types of chert and quartzite artifacts as being the most culturally significant has proved particularly problematic in our studies at VT-CH-705. The only recovered chert artifact is the projectile point mentioned above. As described below, while much quartzite was recovered during the Phase IB study excavations, none of it represented the traditionally expected artifact assemblage. Cheshire and Monkton quartzite materials of varied size were found on the surface of the exposed bedrock outcrops and within meter units #1 and #2. Their size, shape and damage patterns are consistent with their use as quarry hammerstones 36 (weighing 30 to 60 kilograms), wedges (cobble -sized sub -angular blocky fragments likely originating from broken quarry hammerstones), and other quarry -related tools (picks, chisels, and dressing hammers) (see Appendix C). Quartzite has characteristics (e.g., compression factors) that would be advantageous for quarrying practices. One such practice involves placing quartzite wedges in bedrock cracks or cleavages. These wedges may have been placed in the fall. During the colder winter months, frost action would have been accentuated by the wedge by redirecting the forces to expand the joints. In one bedrock outcrop about 30 meters north of the spring in the project area, a large quartzite wedge was discovered still imbedded in an articulated joint on a vertical rock face (Plate 6). No quartzite was found on the ridge near meter units #4 and #5, which further supports the hypothesis that the major quarrying activities took place on the northern fringe of proposed construction area and beyond. While the quartzite tools indicate that the site was once an active quarry, the ore material is neither chert nor quartzite. Various outcrops of quartzitic dolomite are exposed to the north and east of the spring, and a large mound of quarry spoil (two to three meters deep and covering nearly 0.25 of an acre) is located to the south. Surface inspections of the exposed bedrock outcrops reveal evidence of the Native American quarry, including the above described quarry extraction tools (quartzite wedges and broken hammer stones), quarry ore, and discarded low grade ore and country rock (naturally weathered and exfoliated rock). The quarry ore is a vein of metamorphosed quartz -rich, light grayish dolomite identified as a hornsitic dolostone. Of the five 1 x 1 meter units, # 1 and #2 contained the largest number of Native American artifacts (tools and ore). Though artifacts were recovered from meter units #4 and #5, they contained significantly fewer artifacts than # 1 and #2 (see Table 1). In meter units #1 and #2, the vast majority of material was recovered at least 100 cmbs within the lower C or 4A horizons. In meter units #4 and #5, most of the lithics were found in the upper half of the lower solum, indicating that quarrying in this specific area was minimal. ORE TOOL WEATHERED QUARTZITIC DOLOMITE TOTAL TU 1 1,559 1,532 3,478 6,569 TU 2 181 784 865 1,830 TU 3 0 0 0 0 TU 4 6 0 27 33 TU 5 3 0 1,490 1,493 TOTAL 1,749 2,316 5,860 9,925 Table 1: Artifact Distribution within Meter Units 1 through 5 at VT-CH-705 37 Plate 6: Quartzite Wedge in situ within an Articulated Joint of Bedrock at VT-CH-705 38 I The fact that a large amount of weathered quartzitic dolomite was recovered in the A (scree) horizon of Meter Unit #5 is also significant. First, this indicates recent erosional processes of slope wash. Secondly, we have recognized two major types of weathered quartzitic dolomite at the site: (1) a blocky, fractured type which is a grade below ore quality and may represent ore rejects, and (2) an even lower grade that has chalky characteristics. The latter type is most common in Meter Unit #5 and probably I represents non -cultural, highly weathered bedrock. As with the quartzite materials, the vast majority of hornsitic dolomite was recovered from Meter Unit # 1. One of the more significant discoveries was a large (20 cm x 15 cm) flake -scarred quarry block found in situ 101 cm below the surface with a concentration of small, shattered ore fragments at its base. These artifacts are associated with the lower A/C horizons just above the bedrock, and appear to indicate a quarry work station where the primary reduction of a large core into workable, transportable preforms or smaller cores took place. If these materials were recovered from the positions where Native Americans left them, they document early activities in the quarry's cultural history. At least 70 cm of soils overlying these artifacts appear to be prehistoric fills related to later operations. These operations likely involved removing overburden from active mining areas and dumping basket loads of soil in former work areas. The hornsitic dolomite (ore) differs significantly from the quartzites and cherts familiar to local archaeologists as the primary materials for stone tool production. Most known Native American archaeological sites in Vermont contain debitage (waste flakes from tool production, use, and sharpening), broken and discarded projectile points, scrapers, and knives. Although some foreign or exotic materials are found in Vermont, the local quartzites (e.g., Cheshire formation) and cherts (e.g., Hathaway and Clarendon Springs formations) dominate the artifact assemblages recovered from most sites. It is likely that the quartzites and cherts were selected by Native Americans for use as projectiles, scrapers, and knives because of their specific flaking characteristics, and their propensity to hold a sharp edge despite repeated use. These commonly encountered artifact assemblages, however, signify only one set of related activities: hunting animals and processing their flesh for food and their hides for clothing. The class of tools known as groundstone tools is conspicuously absent from most identified Native American archaeological sites in Vermont. These tools include mortars and pestles, mannos and mattattes, axes, gouges, bannerstones (a counterweight used with spear throwers), choppers and hoes. With the exception of bannerstones, all of these groundstone tools are related to the gathering and production of plant material for food, fabric, boat and structure construction, and the production of other tools. The physical properties of a hornfels make it an ideal material for groundstone tool production and use. It generally consists of coarse -grained, moderate to large quartz crystals, or sand grains, within a fine uncrystalized matrix (Schneider 1996). The natural cleavage and fracture planes common to a hornfels bedrock allow for the repeated Kip removal of large blocks of ore of consistent dimensions. Hornfels is therefore a dependable and fixed, but limited, quarry resource. (For more detail on the strategies of quarrying and ore processing activities, see LaPorta [1994] and Bergman et al. [1992]). The virtual absence of groundstone tools from Native American archaeological sites in Vermont is problematic. Did Native Americans use the forests of this state only for hunting and related activities, as suggested by many late nineteenth and early twentieth-century historians? Or, have archaeologists failed to recognize this class of artifacts during our studies of these sites? Neither of these explanations are valid. Private and public artifact collections, mainly assembled during the latter half of the nineteenth century, retain a plethora of groundstone tool artifacts collected from sites throughout Vermont. For example, the Perkins Collection of the Fleming Museum housed by the Anthropology Department at the University of Vermont contains a variety of celts made from an hornfelsic, oolitic dolostone (cf. Clarendon Springs). The dolostone celts include at least one recovered from Hathaway Point in St. Albans (Plate 7), one from Swanton (Plate 8), three from Franklin County (Plates 9,10 and 11), and one from Castleton (Plate 12). Numerous medium and large pestles made from metamorphosed sedimentary rock (heavy patenation and weathering prevent precise optical analysis) are also within this collection (Plate 13). The collection also contains a large Middle Archaic Period blade from Swanton (Neville/Stark style) and a Late Archaic Period blade (Otter Creek style) made from an hornfelsic dolomite (Plates 14 and 15). The nineteenth-century collections were often organized to display examples of Native American artifacts on local, regional and national levels. For example, the Perkins Collection contains samples from each of the 14 Vermont counties and from each of the New England states. The Marvin Collection, a similar collection currently housed at the Lawton School in Essex Junction, Vermont, contains examples primarily from the Champlain Valley, but also includes specimens from each state in the United States and from Canada. Acquiring specimens from areas outside Vermont was often accomplished through trade, suggesting that the number of Vermont artifacts contained in these collections, although large, underrepresents the number of artifacts actually collected. Nineteenth-century documentary evidence supports the hypothesis that groundstone tools, generally larger and more easily recognized than those encountered in recent archaeological studies, were once common at many Native American sites. Early and middle nineteenth-century histories are filled with references to groundstone tools. Farmers often discovered these types of tools in plowed fields and recognized that Native Americans once occupied the land. A typical description referring to VT-WA-53, a site 40 that was verified in 1991 through a Phase IB study (Frink 1992b), indicates that nineteenth-century collectors had already removed the groundstone artifacts from the area: ...on the Farrar meadow was plowed up a stone -gouge, a spearhead, and a stone - axe, all evidently of aboriginal origin, which are deposited in the cabinet at the State House. The axe is of horn stone of the best quality, with a fine edge. The spearheads are made of chert, a species of flint but not the gun -flint; --one finely preserved. Fracturing stone for these Indian implements is said to be an art, and usually done by old men who are disabled from hunting (VDHP n.d.). The artifacts mentioned in the above excerpt were transferred from the state house display case to the Fleming Collection at the University of Vermont at some point (Scott McLaughlin, personal communication) but whether or not the artifacts are still in the collection is unknown (Frink 1992b). Archaeologists recognize that over time, in the interval between an original cultural deposit and the moment of discovery, the data in archaeological sites are altered by natural factors (such as weathering, erosion, tree throws, rodent activity and recent agricultural plowing). Whole classes of artifacts (such as fabric, bone and wood) often decompose and leave little to no trace of their former presence in the artifact assemblage. Archaeologists working in Vermont need to consider the nineteenth-century collections of groundstone tools as another class of artifacts that have disappeared from the archaeological record. Like the organic artifacts, there is often no trace of their former presence, but their absence is due to cultural factors instead of natural factors. 41 GROUNDSTONE TOOLS IN THE PERKINS COLLECTION, FLEMING MUSEUM, UVM (see facing page) OOLITIC DOLOSTONE CELTS: Plate 7: Hathaway Point, St. Albans #884; A-333 Plate 8: Swanton #34-23; A2947 Plate 9: Franklin County #34-15; A7152 Plate 10: Franklin County #31-23; A71523 Plate 11: Franklin County 42551; A2957, Plate 12: Castleton #936; A4523 METAMORPHOSED SEDIMENTARY ROCK LARGE PESTLE: Plate 13 HORNFELSIC DOLOMITE LARGE BLADES: Plate 14: Swanton (Neville/Stark style, Middle Archaic Period) #501;A2262 Plate 15: (Otter Creek style, Late Archaic Period) #1344;A368, with an ore sample from VT-CH-705 42 Plate 7 Plate 10 Plate 13 Plate 11 Plate 14 ■ MANAGEMENT RECOMMENDATIONS Quarry sites are often large, expansive sites and VT-CH-705 is no exception. The main focus of activity is located along the northeastern edge of the project area and extends beyond the project parcel. Proposed construction will not affect the 10.76-acre area within the project parcel where significant portions of the quarry exist. We conclude, therefore, that current constructions plans will not adversely affect VT-CH- 705. We do recommend, however, that the site be conserved and protected from ground - disturbing activities by preservation easement, pending future archaeological investigation, as a condition of permit approval (Figure 14). We also recommend that snow fencing be placed 25 feet (7.6 meters) from proposed building footprints lots 9 through 11 (located in the 17-acre construction impact area) to protect adjacent portions of the quarry site from inadvertent destruction during construction activities. We recommend that the South Burlington Realty Company seek a determination of "No Adverse Effect" from the VDHP for the Cedar Ridge Townhomes project as it is currently designed. We support a public -oriented educational approach to manage portions of the site which may be affected in the future. Archaeological education programs oriented towards schools and other public organizations should be considered as a positive and effective means to take care of threatened resources. 44 N36'7�'22-E \ 1788. S 4' \\— --- -------- —\ 1 _ PR0P0SCD � I DC TC'•f 101. 10r.D I . 1 'I E LAWL.OUGl1 iL N. \ 1I \`P{ATCHEN PLACE A: QUARRY AREA PRESERVATION EASEMENT M MI&MAI 53�•23'S7'w r 37G.23' rN' BURL FAN' HOLY SOCIETY THE SOCIETY Cf' H. ADAL Graphic Scats foot 60 0 60 120 180 240 TOTAL PARCEL AREA 27.76 Ac. Figure 14: Cedar Ridge Townhomes, South Burlington, Vermont, Project Plan, showing Quarry Area Preservation Easement for VT-CH-705. 45 REFERENCES Allen, George W. 1989 Soil Survey of Chittenden County, Vermont. US Department of Agriculture (USDA) Soil Conservation Service, Washington, DC Bergman, Christopher A., Philip C. LaPorta, John F. Doershuk, Heidi A. Fassler, David J. Rue, and Joe Schuldenrein 1992 The Padula Site (36Nm15) and Chert Resource Exploitation in the Middle Delaware River Valley. Archaeology of Eastern North America. 20:39-65. Brakenridge, G.R., P.A. Thomas, L.E.Conkey, and J. Schiferle 1988 Fluvial Sedimentation in Response to Postglacial Uplift and Environmental Change, Missisquoi River, Vermont. Quaternary Research. 30:190-203. Chapman, D.H. 1937 Late -Glacial and Post -Glacial History of the Champlain Valley. American Journal of Science. 34(200):89-124. Connally, C.G. 1982 Deglacial History of Western Vermont. Late Wisconsinan Glaciation of New England edited by G.J. Larson and B.D. Stone. Kendall -Hunt, Dubuque, Iowa. Countryman, William D. 1978 Nuisance Aquatic Plants in Lake Champlain. Prepared for Eutrophication Task Force, Lake Champlain Basin Study, #23. 1977 An Analysis of Lake Level Influence on Vegetation in Lake Champlain. Prepared for the International Joint Commission by Aquatec, Inc. Doll, Charles G. et al. 1961 Geologic Map of Vermont. Vermont Geological Survey and U.S. Geological Survey. State of Vermont. Fenneman, N.M. 1938 Physiography of the Eastern United States. McGraw-Hill, New York, pp.343-392. Freeman-Lynde, R.P. 1980 The Origin and Distribution of Subbottom Sediments in Southern Lake Champlain. Quaternary Research. 14:224-239. Frink, Douglas S. 1996 Asking More Than Where: Developing a Site Contextual Model Based on Reconstructing Past Environments. North American Archaeologist. In press. 47 1995 Application of the Oxidizable Carbon Ratio Dating Procedure and Its Implications for Pedogenic Research. in Pedological Perspectives in Archaeological Research. Mary E. Collins, Brian J. Carter,Bruce G. Gladfelter, and Randal J. Southard, eds. Soil Science Society of America, Special Publication 44, pp.95-106. 1994 The Oxidizable Carbon Ratio (OCR): A Proposed Solution to some of the Problems Encountered with Radiocarbon Data. North American Archaeologist. 15(1) 17-29. 1992a The Chemical Variability of Carbonized Organic Matter Through Time. Archaeology of Eastern North America. 20:67-79. 1992b Welch 's Gravel Pit Development Project, Middlesex, Vermont: Archaeological Study of the T-3 Terrace. Prepared for the Palisades Group, Waterbury, Vermont by Archaeology Consulting Team, Essex Junction, Vermont. Frink, Douglas S., Keith Knoblock, and Charity Baker 1994 Understanding the Significance of Small Sites in the Settlement and Procurement Strategies of Native Americans in Vermont. The Journal of Vermont Archaeology, Volume 1, edited by D. Starbuck, Vermont Archaeological Society, Burlington. pp.103-114. Harris, P. 1990 A Natural and Cultural Resource Inventory and Planning Recommendations for Thompson 's Point, Charlotte, Vermont. Prepared for the Charlotte Planning Commission, Charlotte, Vermont. Jenny, H. 1941 Factors of Soil Formation. McGraw-Hill, New York. Johnson, Charles W. 1980 The Nature of Vermont. The University Press of New England, Hanover, New Hampshire, and London, England. LaPorta, Philip C. 1994 Lithostratigraphic Models and the Geographic Distribution of Prehistoric Chert Quarries within the Cambro-Ordovician Lithologies of the Great Valley Sequence, Sussex County, New Jersey. in Bergman, Christopher A., and Doershuk, John F., eds., Recent Research into the Prehistory of the Deleware Valley, Journal of Middle Atlantic Archaeology 10:47-66. Pielou, E.C. 1991 After the Ice Age: The Return of Life to Glaciated North America. University of Chicago Press, Chicago. 48 Pyne, Stephen J. 1988 Fire in America. Princeton University Press, Princeton, New Jersey. Ricklefs, Robert E. 1973 Ecology. Chiron Press. Newton, Massachusetts. Schneider, Joan. S. 1996 Quarrying and Production of Milling Implements at Antelope Hill, Arizona. Journal of Field Archaeology. 23:299-311. Siccama, T.G. I 1971 Presettlement and Present Forest Vegetation in Northern Vermont with Special r Reference to Chittenden County. The American Midland Naturalist. 85:153-172. Spear, Robert 1976 Birds of Vermont. Green Mountain Audabon Society and Fish and Game. George Little Press, Burlington, Vermont. Spurr, S.H., and B.V. Barnes 1980 Forest Ecology. John Wiley & Sons, New York. Stewart, D.P. and P. MacClintock f 1969 The Surficial Geology and Pleistocene History of Vermont. Vermont { Geological Survey, Bulletin No.31. Montpelier. US Geological Survey (USGS) 1987 Burlington, Vermont. Topographic Map, 7.5 Minute, USGS, Reston, Virginia. Van Diver, B.B. 1987 Roadside Geology of Vermont and New Hampshire. Missoula Mountain Press, Missoula, Montana. Vermont Division for Historic Preservation 1989 Guidelines for Archeological Studies. Montpelier, Vermont. manuscript on file. n.d. Middlesex Town File. Vermont Division for Historic Preservation, Montpelier, Vermont. excerpt from Vermont Historical Magazine, manuscript on file. Wagner, W.P. 1972 Ice Margins and Water Levels in Northwestern Vermont. New England Intercollegiate Geological Conference Guidebook for Field Trips in Vermont. edited by B. Doolan and R. Stanley, pp.317-342. Burlington. Welby, Charles W. 1961 Bedrock Geology of the Central Champlain Valley of Vermont. Vermont Development Department, Bulletin No. 14, Montpelier. Weller, Milton W. 1981 Freshwater Marshes: Ecology and Wildlife Management. University of Minnesota, Minneapolis, MN. 50 Appendix A: Species List 51 TREES Beech, American Fagus grandifolia Hemlock Tsuga canadensis Hickory Carya spp. Hophornbeam, Eastern Ostrya virginiana Maple, sugar Acer saccharum Oak, black Quercus velutina Oak, red Quercus rubra Oak, white Quercus alba Pine, white Pinus strobus PLANTS Arrowhead Sagittaria spp. Arrow arum Peltandra spp. Bladderwort Utricularia spp. Blood root Sanguinaria canadensis Blueberry, highbush Vaccinium corymbosum Bulrush Scirpus validus Burreed Sparganium spp. Bushy pondweed Najas spp. Cattail Typha latifolia Coontail Ceratophylum spp. Columbine, wild Aquilegia canadensis Duckweed Lemna spp. Ginger, wild Asarum canadense Hepatica, round -lobed Hepatica americana Pondweed Potamogeton spp. Pickerelweed Pontederia cordata Rice, wild Zizania aquatica Scouring rush Equisetum Sedge, three-way Dulchium Smartweed Polygonum spp. Spikerush Eleocharis acicularis Splatterdock Nuphar variegatum Sweet flag Acorus calamus Trillium Trillium spp. Water -celery Vallisineria americana Waterdock Rumex orbiculatus Water lily Nymphaea odorata Water marigold Megalodonata Water meal Wolffta spp. Water shield Brasenia Water-stargrass Heteranthera Waterweed Elodea 52 Bass, large -mouthed Bass, small -mouthed Bowfin Bullhead, brown Codfish, freshwater Crappie, black Creek chub Eel, American Gar, long -nosed Muskellunge Perch, yellow Pickerel, chain Pike Salmon, landlocked Sauge Sheepshead Smelt Sturgeon, lake Sunfish Walleye Trout, brook Trout, brown Trout, rainbow Trout, lake Whitefish Bittern, American Blackbird, red -winged Duck Goose Grebes, pied -billed Grouse, ruffed Heron, blue Loon Pigeon, passenger Rail, Virginia Terns, black Turkey, wild FISH BIRDS Micropterus dolomieui Micropterus salmoides Arnia calva Lctalurus nebulosus Gadus callarias Pomoxis nigromaculatus Leuciscus cephalus Anquilla rostrata Lepisosteus osseus Esox masquinongy Perca flavescens Esox niger Esox spp. Salmo salar Stizostedion canadense Aplodinotus grunniens Osmerus mordax Acipenser fluvescens Lepomis gibbosus Stizostedion vitreum Salvelinus fontinalis Salmo trutta Salmo gairdnerii Salvelinus namaycush Coregonus clupeaformis Botaurus lentiginosus Agelaius phoeniceus Anas spp. Branta spp. Podilymbus podiceps Bonasa umbellus Ardea herodias Gavia immer Ectopistes migratorius Rallus limicola Chlidonias nigra Meleagris gallopavo 53 Bear, black Beaver Deer, white-tailed Fox, red Mouse, white-footed Muskrat Otter, river Squirrel, red Weasel Woodchuck Clams, freshwater Crayfish Snails Snake, garter MAMMALS OTHER Ursus americanus Castor canadensis Odocoileus virginianus Vulpes vulpes Peromyscus leucopus Lutra canadensis Urocyon cinereoargenteus Tamiasciurus hudsonicus Mustela, spp. Marmota monax Sphaerium spp. Cambarus barton Lymnaeidae Thamnophis sirtalis 54 Appendix B: Soil Profile Records 55 Cedar Ridge Townhomes Project, South Burlington, Vermont Phase IB Study Soil Profile Records Location Level Depth Texture Color-Munsell # Description CL1 TP1 Ap 0-22 cmbs SiL 2.5Y 5/3 LIGHT OLIVE BROWN BC 22-40 cmbs SiL 2.5Y 4/2 DARK GREYISH BROWN CL1 TP4 Ap 0-26 cmbs C-SiL 2.5Y 5/2 GREYISH BROWN C 26-34 cmbs C-SiL 2.5Y 5/4 LIGHT OLIVE BROWN C2 34-53 cmbs FSiL 2.5Y 5/3 LIGHT OLIVE BROWN CL1 TP5 Ap 0-19 cmbs SiL 2.5Y 4/3 OLIVE BROWN C 19-39 cmbs SiL 2.5Y 5/3 LIGHT OLIVE BROWN CL2 TP1 Ap 0-25 cmbs SiL 2.5Y 4/4 OLIVE BROWN 2Ap 25-50 cmbs SiL 2.5Y 3/3 DARK OLIVE BROWN BC 50-60 cmbs SiL 2.5Y 4/4 OLIVE BROWN CL2 TP2 Ap 0-16 cmbs SiL 2.5Y 6/3 LIGHT YELLOWISH BROWN B/C 16-23 cmbs SiL 5Y 5/3 OLIVE C 23-34 cmbs SiL 2.5Y 4/4 OLIVE BROWN CL2 TP3 Ap 0-23 cmbs SiL 2.5Y 5/3 LIGHT OLIVE BROWN BC 23-40 cmbs SiL 2.5Y 4/4 OLIVE CL2 TP4 AP 0-27 cmbs FSL-FSiL 2.5Y 4/3 OLIVE BROWN BC 27-37 cmbs FSL-FSiL 2.5Y 5/6 LIGHT OLIVE BROWN C 37-46 cmbs SiL 5Y 5/3 OLIVE CL2 TP5 Ap 0-29 cmbs SiL 2.5Y 4/4 OLIVE BROWN C 29-44 cmbs FS 5Y 5/4 OLIVE CL3 TP1 Ap 0-24 cmbs SiL 2.5Y 4/4 OLIVE BROWN BC 24-41 cmbs SiL 5Y 5/3 LIGHT OLIVE BROWN CL3 TP2 Ap 0-30 cmbs FSL 2.5Y 3/3 DARK OLIVE BROWN Bw 30-40 cmbs FSL 2.5Y 5/4 LIGHT OLIVE BROWN BC 40-52 cmbs FSL 2.5Y 6/3 LIGHT YELLOWISH BROWN CL3 TP3 Ap 0-23 cmbs FSiL-SiL 2.5Y 4/3 OLIVE BROWN BC 23-50 cmbs SiL MY 5/6 LIGHT OLIVE BROWN CL3 TP4 Ap 0-12 cmbs FSL-SiL 2.5Y 5/4 LIGHT OLIVE BROWN BC 12-25 cmbs FSL-SiL 2.5Y 5/3 LIGHT OLIVE BROWN C 25-46 cmbs SiL 2.5Y 6/2 LIGHT BROWNISH GRAY CL3 TP5 Ap 0-13 cmbs FSL-SiL 2.5Y 4/3-5/3 OLIVE BROWN -LIGHT OLIVE BROWN BC 13-29 cmbs FSL-SiL 2.5Y 6/3 LIGHT YELLOWISH BROWN 2BC 29-47 cmbs FSL-SiL 5Y 6/3 PALE OLIVE CL4 TP1 Ap 0-9 cmbs FSL 2.5Y 4/4 OLIVE BROWN BC 9-45 cmbs SiL 2.5Y 5/4 LIGHT OLIVE BROWN 28C 45-64 cmbs SiL 2.5Y 4/3 OLIVE BROWN C 64-71 cmbs SiCL 5Y 4/1 DARK GRAY CL4 TP2 Ap 0-24 cmbs FSiL 2.5Y 4/4 OLIVE BROWN BC 24-34 cmbs FSiL 2.5Y 4/3 OLIVE BROWN 2BC 34-35 cmbs FSiL 10YR 3/6 DARK YELLOWISH BROWN CL4 TP3 A 0-12 cmbs FSL-SiL 2.5Y 4/2-4/3 DK GREY BROWN -OLIVE BROWN BC 12-31 cmbs FSL-SiL 5Y 5/4 LIGHT OLIVE BROWN C 31-42 cmbs SiL 5Y 4/2 OLIVE GRAY CL4 TP4 Ap 0-10 cmbs FSL-SL 2.5Y 4/3 OLIVE BROWN BC 10-22 cmbs FSL-SL 2.5Y 5/4 LIGHT OLIVE BROWN C 22-34 cmbs SiL 2.5Y 5/3 LIGHT OLIVE BROWN CL4 TP5 AP 0-17 cmbs FSL 2.5Y 5/3 LIGHT OLIVE BROWN BC 17-31 cmbs FSL 2.5Y 4/4 OLIVE BROWN C 31-48 cmbs SiL 5Y 5/4 OLIVE 56 Cedar Ridge Townhomes Project, South Burlington, Vermont Phase IB Study Soil Profile Records Location Level Depth Texture Color-Munsell # Description CL5 TP1 A 0-5 cmbs FSL-SiL 2.5Y 4/2 DARK GREYISH BROWN Bw 5-15 cmbs FSL-SiL 2.5Y 5/4-5/6 LIGHT OLIVE BROWN C 15-35 cmbs SiL 5Y 4/3 OLIVE CL5 TP2 Ap 0-13 cmbs FSL/SiL 2.5Y 4/4 OLIVE BROWN BC 13-25 cmbs FSL/SiL 2.5Y 5/4 LIGHT OLIVE BROWN C 25-30 cmbs C/SiL 2.5Y 5/2 GREYISH BROWN CL5 TP3 Ap 0-23 cmbs FSL/SiL 10YR 4/4 DARK YELLOWISH BROWN BC 23-30 cmbs FSL 2.5Y 5/4 LIGHT OLIVE BROWN C 30-39 cmbs CSiL 5Y 5/3 OLIVE CL5 TP4 A 0-3 cmbs FSL-SiL 10YR 3/3 DARK BROWN BC 3-23 cmbs FSL-SiL 2.5Y 5/4 LIGHT OLIVE BROWN C 23-33 cmbs SiL 5Y 4/2-4/3 OLIVE GRAY -OLIVE CL6 TP1 Ap 0-3 cmbs FSL/SiL 10YR 3/3 DARK BROWN BC 3-23 cmbs FSL/SiL 2.5Y 5/4 LIGHT OLIVE BROWN C 23-28 cmbs CLAY 2.5Y 4/2 DARK GRAYISH BROWN CL6 TP2 Ap 0-5 cmbs FSL 2.5Y 3/3 DARK OLIVE BROWN BC 5-24 cmbs FSL 2.5Y 5/4 LIGHT OLIVE BROWN C 24-32 cmbs CL/L 5Y 4/2 OLIVE GRAY CL6 TP3 A 0-8 cmbs FSL 10YR 3/3 DARK BROWN Bw 8-36 cmbs FSL 2.5Y 5/4 LIGHT OLIVE BROWN C 36-53 cmbs FS 2.5Y 6/2 LIGHT BROWNISH GREY CL6 TP4 A 0-9 cmbs FSL/SiL 10YR 4/2 DARK GRAYISH BROWN BC 9-36 cmbs FSL/SiL 2.5Y 5/6 LIGHT OLIVE BROWN 2BC 36-46 cmbs FSL/SiL 2.5Y 4/4 OLIVE BROWN CL6 TP5 A 0-10 cmbs FSL/SiL 10YR 4/2 DARK GRAYISH BROWN BC 10-27 cmbs FSL/SiL 2.5Y 5/6 LIGHT OLIVE BROWN C 27-34 cmbs CL 5Y 4/2 OLIVE GRAY CL7 TP1 A/E 0-3 cmbs FSL 10YR 3/2 VERY DARK GREYISH BROWN Bw 3-13 cmbs FS 2.5Y 5/4 LIGHT OLIVE BROWN C 13-40 cmbs FS 5Y 5/3 OLIVE CL7 TP2 A 0-4 cmbs FSL 2.5Y 4/2 DARK GREYISH BROWN B 4-30 cmbs FSL 2.5Y 5/4 LIGHT OLIVE BROWN C 30-40 cmbs SiL 2.5Y 6/2 LIGHT BROWNISH GREY CL7 TP3 A 0-3 cmbs FSL 2.5Y 3/2 VERY DARK GREYISH BROWN BC 3-20 cmbs FSL 2.5Y 5/4 LIGHT OLIVE BROWN C 20-28 cmbs FSL 2.5Y 5/3 LIGHT OLIVE BROWN 2C 28-40 cmbs SiL 2.5Y 5/4 LIGHT OLIVE BROWN CL7 TP4 A 0-5 cmbs FSL 10YR 3/2 VERY DARK GREYISH BROWN B 5-20 cmbs FSL 2.5Y 5/3 LIGHT OLIVE BROWN 2B 20-47 cmbs FSL 2.5Y 6/3 LIGHT YELLOWISH BROWN C 47-49 cmbs SiL 2.5Y 5/2 GRAYISH BROWN CL7 TP5 A 0-8 cmbs FSL-SiL 10YR 3/2 VERY DARK GREYISH BROWN BC 8-24 cmbs FSL-SiL 5Y 5/4 OLIVE 2BC 24-36 cmbs SiL 5Y 5/4 OLIVE CL8 TP1 Ap 0-13 cmbs FSL 2.5Y 4/3 OLIVE BROWN Bs 13-37 cmbs FSL 2.5Y 5/6 LIGHT OLIVE BROWN C 37-45 cmbs SiL 5Y 5/3 OLIVE CL8 TP2 A 0-15 cmbs FSL 2.5Y 4/4 OLIVE BROWN BC 15-26 cmbs FSiL 2.5Y 5/4 LIGHT OLIVE BROWN 57 Cedar Ridge Townhomes Project, South Burlington, Vermont Phase IB Study Soil Profile Records Location Level Depth Texture Color-Munsell # Description CL8 TP2 C 26-29 cmbs CSiL 5Y 6/2 LIGHT OLIVE BROWN CL8 TP3 Ap 0-17 cmbs FSL 10YR 3/3 DARK BROWN Bw 17-29 cmbs FSL 5Y 4/4 OLIVE BC 29-37 cmbs FSiL 5Y 5/4 OLIVE CL8 TP4 A 0-10 cmbs FSL 2.5Y 4/3 OLIVE BROWN BC 10-28 cmbs FSL 2.5Y 4/3 OLIVE BROWN C 28-33 cmbs SiL 2.5Y 6/4 LIGHT YELLOWISH BROWN CL8 TP5 Ap 0-27 cmbs FSL 10YR 4/2 DARK GREYISH BROWN Bs/E 27-45 cmbs FSL 2.5Y 5/6 LIGHT OLIVE BROWN C 45-50 cmbs SiL 5Y 6/3 PALE OLIVE JP1 Ap 0-12 cmbs FSL 10YR 3/2 VERY DARK GRAYISH BROWN Bs 12-43 cmbs FSL 10YR 5/6 YELLOWISH BROWN C 43-56 cmbs FSL 2.5Y 5/6 LIGHT OLIVE BROWN METER 1 Ap 0-8 cmbs FSL 10YR 2/2 VERY DARK BROWN AE 8-12 cmbs FSL 10YR 2/1 BLACK Bhs 12-15 cmbs FSL 7.5YR 4/4 BROWN Bs 15-31 cmbs FSL 10YR 4/6 DARK YELLOWISH BROWN B/C 31-40 cmbs FSL 10YR 5/6 YELLOWISH BROWN C 40-97 cmbs Si/FSL 2.5Y 6/2 LIGHT BROWNISH GREY 2 A/C 97-110 cmbs Si/CL 5Y5/2 OLIVE GRAY 3 A/C 110-140 cmbs GRS 7.5YR 3/2 OLIVE GRAY 4 A 140-142 cmbs FSL 5YR 3/2 DARK REDDISH BROWN R 142+ cmbs DOLOSTONE 10YR 8/1 WHITE METER 2 AE 0-18 cmbs FSL 10YR 3/2 VERY DARK BROWN Bs 18-64 cmbs FSL 10YR 5/8 YELLOWISH BROWN BC 64-108 cmbs FSL 10YR 6/6 BROWNISH YELLOW C 69-88 cmbs SiL 10YR 7/2 LIGHT GRAY 2 C 88-102 cmbs FSL 2.5Y 6/3 LIGHT YELLOWISH BROWN 3C 102-122 cmbs SiL 2.5Y 6/3 LIGHT YELLOWISH BROWN 4A 120-123 cmbs FSL 10YR 3/3 DARK BROWN R 108-151+ cmbs DOLOSTONE METER 3 Ap 0-22 cmbs FSL 10YR 4/3 BROWN Ag 22-27 cmbs FSL 10YR 5/2 GREYISH BROWN C1 27-79 cmbs S 2.5Y 5/3 LIGHT OLIVE BROWN C2 79-150 cmbs S/Si 2.5Y 5/3 LIGHT OLIVE BROWN METER 4 AE 0-20 cmbs FSL 10YR 2/2 VERY DARK BROWN Bs 20-42 cmbs FSL 10YR 4/6 DARK YELLOWISH BROWN BC 28-53 cmbs FSL 10YR 6/4 LIGHT YELLOWISH BROWN TREE TURB 32-61 cmbs FSL 10YR 5/8 YELLOWISH BROWN C 42-68 cmbs FSL 10YR 7/3 VERY PALE BROWN 2C 68-87 cmbs Sic 5Y 6/2 LIGHT OLIVE GRAY 2C 88-101 cmbs S 2.5Y 6/2 LIGHT BROWNISH GRAY 2C 97-117 cmbs GRS 10YR 5/4 YELLOWISH BROWN R 117+ cmbs DOLOSTONE METER 5 A 0-19 cmbs FSL 10YR 2/2 VERY DARK BROWN A (scree) 19-40 cmbs FSL 7.5YR 3/2 DARK BROWN B 33-47 cmbs FSL 7.5YR 4/4 BROWN Bs/BC 47-58 cmbs FSL 10YR 4/6 DARK YELLOWISH BROWN 2A/C 58-80 cmbs FSL 2.5Y 5/4 LIGHT OLIVE BROWN 58 Cedar Ridge Townhomes Project, South Burlington, Vermont Phase IB Study Soil Profile Records Location Level Depth Texture Color-MunseLL # Description METER 5 3C 80-92 cmbs Si 2.5Y 5/3 LIGHT OLIVE BROWN 3C 92-99 cmbs S 2.5Y 5/3 LIGHT OLIVE BROWN 3C 99-109 cmbs S 2.5Y 6/3 LIGHT YELLOWISH BROWN 3C 109-114 cmbs Si 2.5Y 5/3 LIGHT OLIVE BROWN 3C 114-121 cmbs S 2.5Y 6/3 LIGHT YELLOWISH BROWN TR1 TP1 Ap 0-16 cmbs SiL 10YR 3/2 VERY DARK GREYISH BROWN B/C 16-26 cmbs SiL 2.5Y 5/2 GREYISH BROWN TR1 TP2 Ap 0-13 cmbs SiL 2.5Y 5/3 LIGHT OLIVE BROWN BC 13-23 cmbs SiL 5Y 6/2 LIGHT OLIVE GRAY TR1 TP3 Ap 0-20 cmbs SiL 2.5Y 3/3 DARK OLIVE BROWN BC 20-27 cmbs SiL 2.5Y 6/2 LIGHT BROWNISH GRAY TR1 TP4 Ap 0-11 cmbs SiL 10YR 3/2 VERY DARK GREYISH BROWN BC 11-31 cmbs SiL 2.5Y 5/2 GREYISH BROWN TR1 TP5 Ap 0-19 cmbs SiL 2.5Y 4/3 OLIVE BROWN BC 19-33 cmbs SiL 2.5Y 5/2 GREYISH BROWN TR1 TP6 Ap 0-16 cmbs SiL 2.5Y 4/3 OLIVE BROWN BC 16-30 cmbs SiL 5Y 5/4 OLIVE TR1 TP7 Ap 0-29 cmbs SiL 2.5Y 4/3 OLIVE BROWN BC 29-40 cmbs SiL 5Y 5/2 OLIVE BROWN TR2 TP1 Ap 0-19 cmbs SiL 10YR 3/3 DARK BROWN Bs 19-23 cmbs SiL 2.5Y 5/4 LIGHT OLIVE BROWN BC 23-35 cmbs SiL 2.5Y 5/2 GREYISH BROWN TR2 TP2 Ap 0-12 cmbs SiL 2.5Y 4/2 DARK GREYISH BROWN BC 12-20 cmbs SiL 2.5Y 5/3 LIGHT OLIVE BROWN TR2 TP3 Ap 0-20 cmbs SiL 2.5Y 4/1 DARK GREY BC 20-32 cmbs SiL 2.5Y 6/2 LIGHT BROWNISH GREY TR2 TP4 Ap 0-14 cmbs SiL 2.5Y 4/3 OLIVE BROWN BC 14-28 cmbs SiL 2.5Y 5/2 GREYISH BROWN TR2 TP5 Ap 0-16 cmbs SiL 2.5Y 4/2 DARK GRAYISH BROWN BC 16-28 cmbs SiL 5Y 5/4 OLIVE TR2 TP6 Ap 0-17 cmbs SiL 2.5Y 4/3 OLIVE BROWN B/C 17-34 cmbs SiL 5Y 5/2 OLIVE GREY TR2 TP7 Ap 0-22 cmbs SiL 2.5Y 4/3 OLIVE BROWN BC 22-32 cmbs SiL 5Y 5/3 OLIVE TR3 TP1 Ap 0-18 cmbs SiL 2.5Y 4/3 OLIVE BROWN BC 18-29 cmbs SiL 5Y 5/2 OLIVE GRAY TR3 TP2 Ap 0-28 cmbs SiL 2.5Y 4/3 OLIVE BROWN BC 28-41 cmbs SiL 5Y 5/3 OLIVE TR3 TP3 Ap 0-20 cmbs SiL 2.5Y 5/4 LIGHT OLIVE BROWN BC 20-38 cmbs SiL 2.5Y 5/3 LIGHT OLIVE BROWN TR3 TP4 Ap 0-23 cmbs FSL 2.5Y 4/3 OLIVE BROWN B/C 23-41 cmbs SiL 5Y 4/2 OLIVE GREY TR4 TP1 A 0-5 cmbs FSL 10YR 3/3 DARK BROWN Bs 5-17 cmbs FSL 10YR 5/8 YELLOWISH BROWN C 17-27 cmbs SiL 2.5Y 7/6 YELLOW TR4 TP2 A 0-7 cmbs FSL 2.5Y 4/2 DARK GREYISH BROWN Bs 7-16 cmbs FSi 10YR 5/8 YELLOWISH BROWN C 16-25 cmbs FSiL 5Y 6/3 OLIVE TR4 TP3 A 0-16 cmbs FSL 2.5Y 4/2 DARK GREYISH BROWN 59 Cedar Ridge Townhomes Project, South Burlington, Vermont Phase IB Study Soil Profile Records Location Level Depth Texture Color-MunseLL # _ Description TR4 TP3 Bs 16-32 cmbs FSL 10YR 5/8 YELLOWISH BROWN C 32-41 cmbs FSiL 5Y 6/4 PALE OLIVE TR4 TP4 A 0-5 cmbs FSL 10YR 4/3 BROWN Bs 5-30 cmbs FSL 2.5Y 5/4 LIGHT OLIVE BROWN C 30-43 cmbs SiL 2.5Y 7/2 LIGHT GRAY TR4 TP5 A 0-17 cmbs FSL 2.5Y 3/3 DARK OLIVE BROWN Bs 17-36 cmbs FSL 2.5Y 6/6 OLIVE YELLOW C 36-54 cmbs CS 10YR 5/6 YELLOWISH BROWN TR4 TP6 A 0-9 cmbs FSL 10YR 3/3 DARK BROWN Bs 9-33 cmbs FSL 10YR 5/6 YELLOWISH BROWN C 33-42 cmbs FSL 2.5Y 5/6 LIGHT OLIVE BROWN TR4 TP7 A 0-11 cmbs FSL 10YR 3/2 VERY DARK GREYISH BROWN Bs 11-32 cmbs FSL 10YR 4/6 DARK YELLOWISH BROWN BC 32-44 cmbs FSL 2.5Y 5/6 LIGHT OLIVE BROWN TR5 TP1 A 0-14 cmbs FSL-SiL 10YR 3/1 VERY DARK GREY BC 14-35 cmbs SiL 2.5Y 5/6 LIGHT OLIVE BROWN TR5 TP2 Ap 0-17 cmbs FSL 2.5Y 4/3 OLIVE BROWN BC 17-33 cmbs SiL 5Y 6/3 PALE OLIVE TR5 TP3 Ap 0-13 cmbs FSL 2.5Y 4/4 OLIVE BROWN BC 13-24 cmbs FSiL 2.5Y 5/4 LIGHT OLIVE BROWN C 24-32 cmbs FSiL 2.5Y 6/2 LIGHT BROWNISH GREY TR5 TP4 A 0-13 cmbs FSL-SiL 2.5Y 3/2-4/2 VERY DARK GRAYISH BROWN BC 13-34 cmbs SiL 2.5Y 6/2 LIGHT BROWNISH GREY TR5 TP5 A 0-17 cmbs FSL 2.5Y 4/3 OLIVE BROWN Bs 17-30 cmbs FSL 2.5Y 5/6 LIGHT OLIVE BROWN C 30-37 cmbs FSL 5Y 6/4 PALE OLIVE TR5 TP6 Ap 0-14 cmbs FSL 10YR 2/2 VERY DARK BROWN Bs 14-28 cmbs FSL 10YR 3/6 DARK YELLOWISH BROWN BC 28-38 cmbs FSL 2.5Y 5/6 LIGHT OLIVE BROWN TR5 TP7 A 0-8 cmbs FSL 10YR 2/2 VERY DARK BROWN A/E 8-16 cmbs FSL 10YR 3/3 DARK BROWN Bs 16-40 cmbs FSL 10YR 5/8-6/8 YEL BR -BR YELLOW TR6 TP1 A 0-17 cmbs SiL 2.5Y 4/3 OLIVE BROWN BC 17-27 cmbs SiL 2.5Y 5/3 LIGHT OLIVE BROWN TR6 TP2 Ap 0-11 cmbs FSL 10YR 3/2 VERY DARK GREYISH BROWN BC 11-24 cmbs FSL N/A BC 11-24 cmbs FSL 2.5Y 4/4 OLIVE BROWN C 24-37 cmbs FSL 5Y 5/3 LIGHT OLIVE BROWN TR6 TP3 Ap 0-15 cmbs FSL 2.5Y 4/2 DARK GREYISH BROWN B/C 15-37 cmbs FSL 2.5Y 6/2 LIGHT BROWNISH GREY TR7 TP1 Ap 0-40 cmbs FSL 10YR 4/6-5/6 YEL BR-DK YEL BROWN Bs 40-66 cmbs FSL 10YR 5/8 YELLOWISH BROWN C 66-70 cmbs FSL 2.5Y 5/6 LIGHT OLIVE BROWN TR7 TP2 A 0-12 cmbs FSL 10YR 3/3 DARK BROWN B 12-22 cmbs FSL 10YR 5/6 YELLOWISH BROWN B/C 22-86 cmbs FSL 2.5Y 5/4 LIGHT OLIVE BROWN 2A 86-126 cmbs Si 2.5Y 3/2-4/2 VERY DARK GRAYISH BROWN TR8 TP1 A 0-7 cmbs SiL 2.5Y 3/1 VERY DARK GREY E 7-8 cmbs SiL 2.5Y 2.5/1 BLACK o Cedar Ridge Townhomes Project, South Burlington, Vermont C Phase IB Study Soil Profile Records Location Level Depth Texture Color-Munsell # Description TR8 TP1 Bs 8-30 curbs SiL 10YR 5/8 YELLOWISH BROWN C 30-62 cmbs SiL 10YR 4/6 DARK YELLOWISH BROWN TR8 TP2 A 0-14 cmbs FSL 2.5Y 3/3 DARK OLIVE BROWN B/C 38-62 cmbs FSL 5Y 5/6 OLIVE Bs 14-38 cmbs FSL 2.5Y 6/8 OLIVE YELLOW TR9 TP1 A 0-12 cmbs 10YR 3/2 VERY DARK GREYISH BROWN I B 12-44 cmbs 2.5Y 5/6 LIGHT OLIVE BROWN C 44-117 cmbs 2.5Y 6/4 LIGHT YELLOWISH BROWN 61 Appendix C: Artifact Inventory Records 63 Cedar Ridge Townhomes Project, South Burlington, Vermont Phase IB Study Artifact Inventory Location Level Depth Category Description Material Quantity ID. # SURFACE METER 1 2A NATIVE AMERICAN QUARRY BLOCK 100 cm NATIVE AMERICAN ORE 100 cm NATIVE AMERICAN TOOL 100 cm NATURAL COUNTRY ROCK 100 cm NATURAL COUNTRY ROCK 100 cm NATURAL COUNTRY ROCK 100 cm NATURAL COUNTRY ROCK 100 cm NATURAL COUNTRY ROCK 100-126 cm NATIVE AMERICAN ORE 100-126 cm NATIVE AMERICAN ORE 100-126 cm NATIVE AMERICAN ORE 100-126 cm NATIVE AMERICAN ORE 100-126 cm NATIVE AMERICAN ORE 100-126 cm NATIVE AMERICAN ORE 100-126 cm NATIVE AMERICAN ORE 100-126 cm NATIVE AMERICAN ORE 100-126 cm NATIVE AMERICAN ORE 100-126 cm NATIVE AMERICAN ORE 100-126 cm NATIVE AMERICAN ORE 100-126 cm NATIVE AMERICAN ORE 100-126 cm NATIVE AMERICAN ORE 100-126 cm NATIVE AMERICAN ORE 100-126 cm NATIVE AMERICAN SHATTER? 100-126 cm NATIVE AMERICAN TOOL 100-126 cm NATIVE AMERICAN TOOL 100-126 cm NATIVE AMERICAN TOOL 100-126 cm NATIVE AMERICAN TOOL 100-126 cm NATIVE AMERICAN TOOL 100-126 cm NATIVE AMERICAN TOOL 100-126 cm NATIVE AMERICAN TOOL 100-126 cm NATIVE AMERICAN TOOL 100-126 cm NATIVE AMERICAN TOOL 100-126 cm NATIVE AMERICAN TOOL 100-126 cm NATIVE AMERICAN TOOL 100-126 cm NATIVE AMERICAN TOOL 100-126 cm NATIVE AMERICAN TOOL 100-126 cm NATIVE AMERICAN TOOL 100-126 cm NATIVE AMERICAN TOOL 100-126 cm NATIVE AMERICAN TOOL 100-126 cm NATIVE AMERICAN TOOL 100-126 cm NATIVE AMERICAN TOOL 100-126 cm NATIVE AMERICAN TOOL 100-126 cm NATIVE AMERICAN TOOL 100-126 cm NATIVE AMERICAN TOOL 100-126 cm NATIVE AMERICAN TOOL 100-126 cm NATIVE AMERICAN TOOL 100-126 cm NATIVE AMERICAN TOOL? 100-126 cm NATURAL ACORN 100-126 cm NATURAL COUNTRY ROCK Me HORNSITIC SILICIFIED DOLOSTONE 1 HORNSITIC SILICIFIED DOLOSTONE 16 QUARTZITIC SILICIFIED DOLOSTONE 22 ARGILLITE 1 ARKOSIC DOLOSTONE 17 CALCITE/QUARTZ DIKE 12 MISC. PEBBLE 6 WEATHERED SILICIFIED DOLOSTONE 17 HORNSITIC SILICIFIED DOLOSTONE 10 HORNSITIC SILICIFIED DOLOSTONE 11 HORNSITIC SILICIFIED DOLOSTONE 116 HORNSITIC SILICIFIED DOLOSTONE 13 HORNSITIC SILICIFIED DOLOSTONE 139 HORNSITIC SILICIFIED DOLOSTONE 169 HORNSITIC SILICIFIED DOLOSTONE 194 HORNSITIC SILICIFIED DOLOSTONE 3 HORNSITIC SILICIFIED DOLOSTONE 31 HORNSITIC SILICIFIED DOLOSTONE 45 HORNSITIC SILICIFIED DOLOSTONE 53 HORNSITIC SILICIFIED DOLOSTONE 537 HORNSITIC SILICIFIED DOLOSTONE 88 HORNSITIC SILICIFIED DOLOSTONE 88 CHERT 3 QUARTZITE 1 QUARTZITE 1 QUARTZITE 2 QUARTZITE 2 QUARTZITE 2 QUARTZITE 2 QUARTZITE 6 QUARTZITIC SILICIFIED DOLOSTONE 1 QUARTZITIC SILICIFIED DOLOSTONE 11 QUARTZITIC SILICIFIED DOLOSTONE 123 QUARTZITIC SILICIFIED DOLOSTONE 127 QUARTZITIC SILICIFIED DOLOSTONE 146 QUARTZITIC SILICIFIED DOLOSTONE 161 QUARTZITIC SILICIFIED DOLOSTONE 192 QUARTZITIC SILICIFIED DOLOSTONE 2 QUARTZITIC SILICIFIED DOLOSTONE 263 QUARTZITIC SILICIFIED DOLOSTONE 49 QUARTZITIC SILICIFIED DOLOSTONE 57 QUARTZITIC SILICIFIED DOLOSTONE 59 QUARTZITIC SILICIFIED DOLOSTONE 69 QUARTZITIC SILICIFIED DOLOSTONE 71 QUARTZITIC SILICIFIED DOLOSTONE 71 QUARTZITIC SILICIFIED DOLOSTONE 85 QUARTZITE 1 RED OAK? 1 ARGILLITE 14 Cedar Ridge Townhomes Project, South Burlington, Vermont Phase IB Study Artifact Inventory Location Level Depth _ Category Description Material Quantity ID. # METER 1 2A 100-126 cm NATURAL COUNTRY ROCK ARGILLITE 19 294 100-126 cm NATURAL COUNTRY ROCK ARGILLITE 19 441 100-126 cm NATURAL COUNTRY ROCK ARGILLITE 22 329 100-126 cm NATURAL COUNTRY ROCK ARGILLITE 27 389 100-126 cm NATURAL COUNTRY ROCK ARGILLITE 36 229 100-126 cm NATURAL COUNTRY ROCK ARGILLITE 54 489 100-126 cm NATURAL COUNTRY ROCK ARGILLITE 8 431 100-126 cm NATURAL COUNTRY ROCK ARKOSIC DOLOSTONE 11 277 100-126 cm NATURAL COUNTRY ROCK ARKOSIC DOLOSTONE 127 427 100-126 cm NATURAL COUNTRY ROCK ARKOSIC DOLOSTONE 181 135 100-126 cm NATURAL COUNTRY ROCK ARKOSIC DOLOSTONE 184 228 100-126 cm NATURAL COUNTRY ROCK ARKOSIC DOLOSTONE 19 293 100-126 cm NATURAL COUNTRY ROCK ARKOSIC DOLOSTONE 196 386 100-126 cm NATURAL COUNTRY ROCK ARKOSIC DOLOSTONE 197 484 100-126 cm NATURAL COUNTRY ROCK ARKOSIC DOLOSTONE 2 359 100-126 cm NATURAL COUNTRY ROCK ARKOSIC DOLOSTONE 65 445 100-126 cm NATURAL COUNTRY ROCK ARKOSIC DOLOSTONE 65 455 100-126 cm NATURAL COUNTRY ROCK ARKOSIC DOLOSTONE 68 310 100-126 cm NATURAL COUNTRY ROCK ARKOSIC DOLOSTONE 75 353 100-126 cm NATURAL COUNTRY ROCK ARKOSIC DOLOSTONE 87 396 100-126 cm NATURAL COUNTRY ROCK ARKOSIC DOLOSTONE 90 439 100-126 cm NATURAL COUNTRY ROCK ARKOSIC DOLOSTONE 91 332 100-126 cm NATURAL COUNTRY ROCK CALCITE DIKE 118 387 100-126 cm NATURAL COUNTRY ROCK CALCITE DIKE 18 395 100-126 cm NATURAL COUNTRY ROCK CALCITE DIKE 21 311 100-126 cm NATURAL COUNTRY ROCK CALCITE DIKE 3 131 100-126 cm NATURAL COUNTRY ROCK CALCITE DIKE 50 351 100-126 cm NATURAL COUNTRY ROCK CALCITE DIKE 6 292 100-126 cm NATURAL COUNTRY ROCK CALCITE DIKE 60 230 100-126 cm NATURAL COUNTRY ROCK CALCITE DIKE 74 331 100-126 cm NATURAL COUNTRY ROCK CHERT 2 385 100-126 cm NATURAL COUNTRY ROCK MISC. PEBBLE 10 231 100-126 cm NATURAL COUNTRY ROCK MISC. PEBBLE 2 280 100-126 cm NATURAL COUNTRY ROCK MISC. PEBBLE 23 334 100-126 cm NATURAL COUNTRY ROCK MISC. PEBBLE 23 398 100-126 cm NATURAL COUNTRY ROCK MISC. PEBBLE 24 352 100-126 cm NATURAL COUNTRY ROCK MISC. PEBBLE 26 454 100-126 cm NATURAL COUNTRY ROCK MISC. PEBBLE 29 312 100-126 cm NATURAL COUNTRY ROCK MISC. PEBBLE 34 430 100-126 cm NATURAL COUNTRY ROCK MISC. PEBBLE 42 488 100-126 cm NATURAL COUNTRY ROCK MISC. PEBBLE 44 435 100-126 cm NATURAL COUNTRY ROCK MISC. PEBBLE 49 390 100-126 cm NATURAL COUNTRY ROCK MISC. PEBBLE 6 298 100-126 cm NATURAL COUNTRY ROCK MISC. PEBBLE 69 134 100-126 cm NATURAL COUNTRY ROCK MISC. PEBBLE 8 442 100-126 cm NATURAL COUNTRY ROCK QUARTZ PEBBLE 1 361 100-126 cm NATURAL COUNTRY ROCK QUARTZ PEBBLE 11 333 100-126 cm NATURAL COUNTRY ROCK QUARTZ PEBBLE 4 444 100-126 cm NATURAL COUNTRY ROCK QUARTZ PEBBLE 6 313 65 Cedar Ridge Townhomes Project, South Burlington, Vermont Phase IB Study Artifact Inventory Location _ Level Depth Category Description Material Quantity ID. # _ METER 1 2A 100-126 cm NATURAL COUNTRY ROCK QUARTZ PEBBLE 6 355 100-126 cm NATURAL COUNTRY ROCK QUARTZ PEBBLE 8 487 100-126 cm NATURAL COUNTRY ROCK SHELL FOSSIL 2 436 100-126 cm NATURAL COUNTRY ROCK WEATHERED CALCITE DIKE 112 486 100-126 cm NATURAL COUNTRY ROCK WEATHERED CALCITE DIKE 12 453 100-126 cm NATURAL COUNTRY ROCK WEATHERED CALCITE DIKE 18 429 100-126 cm NATURAL COUNTRY ROCK WEATHERED CALCITE DIKE 27 443 100-126 cm NATURAL COUNTRY ROCK WEATHERED CALCITE DIKE 35 434 100-126 cm NATURAL COUNTRY ROCK WEATHERED SILICIFIED DOLOSTONE 127 399 100-126 cm NATURAL COUNTRY ROCK WEATHERED SILICIFIED DOLOSTONE 138 350 100-126 cm NATURAL COUNTRY ROCK WEATHERED SILICIFIED DOLOSTONE 162 446 100-126 cm NATURAL COUNTRY ROCK WEATHERED SILICIFIED DOLOSTONE 169 328 100-126 cm NATURAL COUNTRY ROCK WEATHERED SILICIFIED DOLOSTONE 17 358 100-126 cm NATURAL COUNTRY ROCK WEATHERED SILICIFIED DOLOSTONE 19 281 100-126 cm NATURAL COUNTRY ROCK WEATHERED SILICIFIED DOLOSTONE 223 440 100-126 cm NATURAL COUNTRY ROCK WEATHERED SILICIFIED DOLOSTONE 247 291 100-126 cm NATURAL COUNTRY ROCK WEATHERED SILICIFIED DOLOSTONE 299 428 100-126 cm NATURAL COUNTRY ROCK WEATHERED SILICIFIED DOLOSTONE 36 309 100-126 cm NATURAL COUNTRY ROCK WEATHERED SILICIFIED DOLOSTONE 386 483 100-126 cm NATURAL COUNTRY ROCK WEATHERED SILICIFIED DOLOSTONE 636 132 100-126 cm NATURAL COUNTRY ROCK WEATHERED SILICIFIED DOLOSTONE 79 452 100-126 cm NATURAL COUNTRY ROCK WEATHERED SILICIFIED DOLOSTONE 822 388 100-126 cm NATURAL COUNTRY ROCK WEATHERED SILICIFIED DOLOSTONE 97 226 100-126 cm NATURAL FRAGMENT WOOD 1 349 100-126 cm NATURAL FRAGMENT WOOD 2 299 100-126 cm NATURAL FRAGMENT WOOD 3 392 100-126 cm NATURAL SEED UD 2 491 100-126 cm NATURAL UD SHELL 3 490 101 cm NATIVE AMERICAN ORE HORNSITIC SILICIFIED DOLOSTONE 20 129 90 cm NATURAL FRAGMENT WOOD 1 469 Bs 13-50 cm NATIVE AMERICAN TOOL QUARTZITIC SILICIFIED DOLOSTONE 4 114 13-50 cm NATURAL COUNTRY ROCK QUARTZ PEBBLE 1 115 C 96-100 cm NATIVE AMERICAN ORE HORNSITIC SILICIFIED DOLOSTONE 18 110 96-100 cm NATURAL COUNTRY ROCK ARGILLITE 8 113 96-100 cm NATURAL COUNTRY ROCK QUARTZ PEBBLE 7 109 96-100 cm NATURAL COUNTRY ROCK WEATHERED CALCITE DIKE 15 112 96-100 cm NATURAL COUNTRY ROCK WEATHERED SILICIFIED DOLOSTONE 4 111 C (LEVEL 1) 50-66 cm NATIVE AMERICAN ORE HORNSITIC SILICIFIED DOLOSTONE 2 116 50-66 cm NATURAL COUNTRY ROCK ARGILLITE 5 120 50-66 cm NATURAL COUNTRY ROCK QUARTZ PEBBLE 1 119 50-66 cm NATURAL COUNTRY ROCK WEATHERED ARKOSIC DOLOSTONE 9 117 50-66 cm NATURAL COUNTRY ROCK WEATHERED QUARTZITE 7 118 C (LEVEL 2) 66-76 cm NATIVE AMERICAN ORE HORNSITIC SILICIFIED DOLOSTONE 2 195 66-76 cm NATIVE AMERICAN TOOL QUARTZITIC SILICIFIED DOLOSTONE 1 196 66-76 cm NATURAL COUNTRY ROCK ARKOSIC DOLOSTONE 3 199 66-76 cm NATURAL COUNTRY ROCK CALCITE DIKE 2 197 66-76 cm NATURAL COUNTRY ROCK MISC. PEBBLE 2 198 C (LEVEL 3) 76-86 cm NATIVE AMERICAN ORE HORNSITIC SILICIFIED DOLOSTONE 1 223 76-86 cm NATIVE AMERICAN TOOL QUARTZITIC SILICIFIED DOLOSTONE 1 224 ee Cedar Ridge Townhomes Project, South Burlington, Vermont Phase IB Study Artifact Inventory Location Level Depth Category Description Material Quantity ID. # METER 1 C (LEVEL 3) C (LEVEL 4) METER 2 2A 76-86 cm NATURAL COUNTRY ROCK 86-96 cm NATIVE AMERICAN ORE 86-96 cm NATIVE AMERICAN TOOL 86-96 cm NATURAL COUNTRY ROCK 86-96 cm NATURAL COUNTRY ROCK 105-112 cm NATIVE AMERICAN ORE 105-112 cm NATIVE AMERICAN ORE 105-112 cm NATIVE AMERICAN ORE 105-112 cm NATIVE AMERICAN ORE 105-112 cm NATIVE AMERICAN ORE 105-112 cm NATIVE AMERICAN ORE 105-112 cm NATIVE AMERICAN ORE 105-112 cm NATIVE AMERICAN ORE 105-112 cm NATIVE AMERICAN TOOL 105-112 cm NATIVE AMERICAN TOOL 105-112 cm NATIVE AMERICAN TOOL 105-112 cm NATIVE AMERICAN TOOL 105-112 cm NATIVE AMERICAN TOOL 105-112 cm NATIVE AMERICAN TOOL 105-112 cm NATIVE AMERICAN TOOL 105-112 cm NATIVE AMERICAN TOOL 105-112 cm NATIVE AMERICAN TOOL 105-112 cm NATIVE AMERICAN TOOL 105-112 cm NATIVE AMERICAN TOOL 105-112 cm NATIVE AMERICAN TOOL 105-112 cm NATIVE AMERICAN TOOL 105-112 cm NATURAL COUNTRY ROCK 105-112 cm NATURAL COUNTRY ROCK 105-112 cm NATURAL COUNTRY ROCK 105-112 cm NATURAL COUNTRY ROCK 105-112 cm NATURAL COUNTRY ROCK 105-112 cm NATURAL COUNTRY ROCK 105-112 cm NATURAL COUNTRY ROCK 105-112 cm NATURAL COUNTRY ROCK 105-112 cm NATURAL COUNTRY ROCK 105-112 cm NATURAL COUNTRY ROCK 105-112 cm NATURAL COUNTRY ROCK 105-112 cm NATURAL COUNTRY ROCK 105-112 cm NATURAL COUNTRY ROCK 105-112 cm NATURAL COUNTRY ROCK 105-112 cm NATURAL COUNTRY ROCK 105-112 cm NATURAL COUNTRY ROCK 105-112 cm NATURAL COUNTRY ROCK 105-112 cm NATURAL COUNTRY ROCK 105-112 cm NATURAL COUNTRY ROCK 105-112 cm NATURAL COUNTRY ROCK 105-112 cm NATURAL COUNTRY ROCK 105-112 cm NATURAL COUNTRY ROCK 105-112 cm NATURAL COUNTRY ROCK 67 ARKOSIC DOLOSTONE 1 HORNSITIC SILICIFIED DOLOSTONE 3 QUARTZITIC SILICIFIED DOLOSTONE 1 CALCITE DIKE 1 MISC. PEBBLE 2 HORNSITIC SILICIFIED DOLOSTONE 1 HORNSITIC SILICIFIED DOLOSTONE 12 HORNSITIC SILICIFIED DOLOSTONE 15 HORNSITIC SILICIFIED DOLOSTONE 2 HORNSITIC SILICIFIED DOLOSTONE 2 HORNSITIC SILICIFIED DOLOSTONE 2 HORNSITIC SILICIFIED DOLOSTONE 5 HORNSITIC SILICIFIED DOLOSTONE 6 QUARTZITE 1 QUARTZITE 1 QUARTZITE 2 QUARTZITE 3 QUARTZITE 3 QUARTZITIC SILICIFIED DOLOSTONE 13 QUARTZITIC SILICIFIED DOLOSTONE 2 QUARTZITIC SILICIFIED DOLOSTONE 28 QUARTZITIC SILICIFIED DOLOSTONE 30 QUARTZITIC SILICIFIED DOLOSTONE 4 QUARTZITIC SILICIFIED DOLOSTONE 5 QUARTZITIC SILICIFIED DOLOSTONE 57 QUARTZITIC SILICIFIED DOLOSTONE 9 ARGILLITE 10 ARGILLITE 29 ARGILLITE 4 ARGILLITE 40 ARGILLITE 5 ARKOSIC DOLOSTONE 1 ARKOSIC DOLOSTONE 1 ARKOSIC DOLOSTONE 120 ARKOSIC DOLOSTONE 20 ARKOSIC DOLOSTONE 6 ARKOSIC DOLOSTONE 9 CALCITE DIKE 2 CALCITE DIKE 3 CALCITE DIKE 6 CALCITE/QUARTZ DIKE 1 CALCITE/QUARTZ DIKE 19 MISC. PEBBLE 11 MISC. PEBBLE 189 MISC. PEBBLE 2 MISC. PEBBLE 25 MISC. PEBBLE 27 MISC. PEBBLE 4 MISC. PEBBLE 5 Cedar Ridge Townhomes Project, South Burlington, Vermont Phase IB Study Artifact Inventory Location Level Depth Cateqory Description METER 2 2A 105-112 cm NATURAL COUNTRY ROCK 105-112 cm NATURAL. COUNTRY ROCK 105-112 cm NATURAL COUNTRY ROCK 105-112 cm NATURAL COUNTRY ROCK 105-112 cm NATURAL COUNTRY ROCK 105-112 cm NATURAL COUNTRY ROCK 105-112 cm NATURAL COUNTRY ROCK 105-112 cm NATURAL COUNTRY ROCK 105-112 cm NATURAL COUNTRY ROCK 105-112 cm NATURAL COUNTRY ROCK 105-112 cm NATURAL COUNTRY ROCK 105-112 cm NATURAL COUNTRY ROCK 2B/3A 112-125 cm NATIVE AMERICAN ORE 112-125 cm NATIVE AMERICAN ORE 112-125 cm NATIVE AMERICAN ORE 112-125 cm NATIVE AMERICAN ORE 112-125 cm NATIVE AMERICAN ORE 112-125 cm NATIVE AMERICAN ORE 112-125 cm NATIVE AMERICAN ORE 112-125 cm NATIVE AMERICAN ORE 112-125 cm NATIVE AMERICAN ORE 112-125 cm NATIVE AMERICAN ORE 112-125 cm NATIVE AMERICAN ORE 112-125 cm NATIVE AMERICAN ORE 112-125 cm NATIVE AMERICAN TOOL 112-125 cm NATIVE AMERICAN TOOL 112-125 cm NATIVE AMERICAN TOOL 112-125 cm NATIVE AMERICAN TOOL 112-125 cm NATIVE AMERICAN TOOL 112-125 cm NATIVE AMERICAN TOOL 112-125 cm NATIVE AMERICAN TOOL 112-125 cm NATIVE AMERICAN TOOL 112-125 cm NATIVE AMERICAN TOOL 112-125 cm NATIVE AMERICAN TOOL 112-125 cm NATIVE AMERICAN TOOL 112-125 cm NATIVE AMERICAN TOOL 112-125 cm NATIVE AMERICAN TOOL 112-125 cm NATIVE AMERICAN TOOL 112-125 cm NATIVE AMERICAN TOOL 112-125 cm NATIVE AMERICAN TOOL 112-125 cm NATIVE AMERICAN TOOL 112-125 cm NATIVE AMERICAN TOOL 112-125 cm NATIVE AMERICAN TOOL 112-125 cm NATIVE AMERICAN TOOL 112-125 cm NATIVE AMERICAN TOOL 112-125 cm NATIVE AMERICAN TOOL 112-125 cm NATIVE AMERICAN TOOL 112-125 cm NATIVE AMERICAN TOOL 112-125 cm NATIVE AMERICAN TOOL Material Quantity ID. # QUARTZ PEBBLE 1 QUARTZ PEBBLE 1 QUARTZ PEBBLE 5 QUARTZ PEBBLE 9 QUARTZ PEBBLE 94 QUARTZITE PEBBLE 1 WEATHERED CALCITE DIKE 6 WEATHERED SILICIFIED DOLOSTONE 15 WEATHERED SILICIFIED DOLOSTONE 16 WEATHERED SILICIFIED DOLOSTONE 160 WEATHERED SILICIFIED DOLOSTONE 18 WEATHERED SILICIFIED DOLOSTONE 5 HORNSITIC SILICIFIED DOLOSTONE 11 HORNSITIC SILICIFIED DOLOSTONE 11 HORNSITIC SILICIFIED DOLOSTONE 12 HORNSITIC SILICIFIED DOLOSTONE 20 HORNSITIC SILICIFIED DOLOSTONE 24 HORNSITIC SILICIFIED DOLOSTONE 3 HORNSITIC SILICIFIED DOLOSTONE 5 HORNSITIC SILICIFIED DOLOSTONE 7 HORNSITIC SILICIFIED DOLOSTONE 7 HORNSITIC SILICIFIED DOLOSTONE 8 HORNSITIC SILICIFIED DOLOSTONE 8 HORNSITIC SILICIFIED DOLOSTONE 9 QUARTIZITE 1 QUARTIZITE 4 QUARTZITE 1 QUARTZITE 1 QUARTZITE 1 QUARTZITE 1 QUARTZITE 1 QUARTZITE 2 QUARTZITE 2 QUARTZITE 2 QUARTZITE 2 QUARTZITE 3 QUARTZITE 3 QUARTZITE 3 QUARTZITE 7 QUARTZITIC SILICIFIED DOLOSTONE 1 QUARTZITIC SILICIFIED DOLOSTONE 12 QUARTZITIC SILICIFIED DOLOSTONE 13 QUARTZITIC SILICIFIED DOLOSTONE 14 QUARTZITIC SILICIFIED DOLOSTONE 17 QUARTZITIC SILICIFIED DOLOSTONE 193 QUARTZITIC SILICIFIED DOLOSTONE 21 QUARTZITIC SILICIFIED DOLOSTONE 24 QUARTZITIC SILICIFIED DOLOSTONE 27 QUARTZITIC SILICIFIED DOLOSTONE 30 Cedar Ridge Townhomes Project, South Burlington, Vermont Phase IB Study Artifact Inventory Location Level Depth Category Description Material Quantity ID. # METER 2 2B/3A 112-125 cm NATIVE AMERICAN TOOL QUARTZITIC SILICIFIED DOLOSTONE 32 400 112-125 cm NATIVE AMERICAN TOOL QUARTZITIC SILICIFIED DOLOSTONE 41 407 112-125 cm NATIVE AMERICAN TOOL QUARTZITIC SILICIFIED DOLOSTONE 5 458 112-125 cm NATIVE AMERICAN TOOL QUARTZITIC SILICIFIED DOLOSTONE 51 268 112-125 cm NATIVE AMERICAN TOOL QUARTZITIC SILICIFIED DOLOSTONE 76 121 112-125 cm NATIVE AMERICAN TOOL WEATHERED SILICIFIED DOLOSTONE 15 122 112-125 cm NATURAL CHARCOAL WOOD 2 463 112-125 cm NATURAL COUNTRY ROCK ARGILLITE 1 146 112-125 cm NATURAL COUNTRY ROCK ARGILLITE 1 171 112-125 cm NATURAL COUNTRY ROCK ARGILLITE 10 125 112-125 cm NATURAL COUNTRY ROCK ARGILLITE 2 140 112-125 cm NATURAL COUNTRY ROCK ARGILLITE 2 167 112-125 cm NATURAL COUNTRY ROCK ARGILLITE 2 464 112-125 cm NATURAL COUNTRY ROCK ARGILLITE 31 424 112-125 cm NATURAL COUNTRY ROCK ARGILLITE 5 405 112-125 cm NATURAL COUNTRY ROCK ARGILLITE 64 276 112-125 cm NATURAL COUNTRY ROCK ARGILLITE 7 101 112-125 cm NATURAL COUNTRY ROCK ARGILLITE 7 345 112-125 cm NATURAL COUNTRY ROCK ARGILLITE 7 377 112-125 cm NATURAL COUNTRY ROCK ARKOSIC DOLOSTONE 10 402 112-125 cm NATURAL COUNTRY ROCK ARKOSIC DOLOSTONE 11 145 112-125 cm NATURAL COUNTRY ROCK ARKOSIC DOLOSTONE 11 174 112-125 cm NATURAL COUNTRY ROCK ARKOSIC DOLOSTONE 11 274 112-125 cm NATURAL COUNTRY ROCK ARKOSIC DOLOSTONE 13 137 112-125 cm NATURAL COUNTRY ROCK ARKOSIC DOLOSTONE 15 38C 112-125 cm NATURAL COUNTRY ROCK ARKOSIC DOLOSTONE 154 425 112-125 cm NATURAL COUNTRY ROCK ARKOSIC DOLOSTONE 29 41C 112-125 cm NATURAL COUNTRY ROCK ARKOSIC DOLOSTONE 3 341 112-125 cm NATURAL COUNTRY ROCK ARKOSIC DOLOSTONE 30 104 112-125 cm NATURAL COUNTRY ROCK ARKOSIC DOLOSTONE 52 124 112-125 cm NATURAL COUNTRY ROCK ARKOSIC DOLOSTONE 6 37E 112-125 cm NATURAL COUNTRY ROCK ARKOSIC DOLOSTONE 9 37C 112-125 cm NATURAL COUNTRY ROCK ARKOSIC SANDSTONE 3 37'- 112-125 cm NATURAL COUNTRY ROCK CALCITE DIKE 1 34E 112-125 cm NATURAL COUNTRY ROCK CALCITE/QUARTZ DIKE 3 27' 112-125 cm NATURAL COUNTRY ROCK CALCITE/QUARTZ DIKE 5 17i 112-125 cm NATURAL COUNTRY ROCK CHERT 1 46( 112-125 cm NATURAL COUNTRY ROCK GRANITIC ROCK 1 1T 112-125 cm NATURAL COUNTRY ROCK GRANITIC ROCK 3 121 112-125 cm NATURAL COUNTRY ROCK GRAYWACKE 2 14' 112-125 cm NATURAL COUNTRY ROCK MISC. PEBBLE 1 27' 112-125 cm NATURAL COUNTRY ROCK MISC. PEBBLE 14 16; 112-125 cm NATURAL COUNTRY ROCK MISC. PEBBLE 20 181 112-125 cm NATURAL COUNTRY ROCK MISC. PEBBLE 51 427. 112-125 cm NATURAL COUNTRY ROCK MISC. PEBBLE 8 4W 112-125 cm NATURAL COUNTRY ROCK MISC. PEBBLE 9 37: 112-125 cm NATURAL COUNTRY ROCK QUARTZ 1 10'. 112-125 cm NATURAL COUNTRY ROCK QUARTZ PEBBLE 1 10'. 112-125 cm NATURAL COUNTRY ROCK QUARTZ PEBBLE 1 141, z Cedar Ridge Townhomes Project, South Burlington, Vermont Phase IB Study Artifact Inventory Location Level Depth Category Description Material Quantity ID. # METER 2 2B/3A 3A OR 4A A BC C/2A 112-125 cm NATURAL COUNTRY ROCK 112-125 cm NATURAL COUNTRY ROCK 112-125 cm NATURAL COUNTRY ROCK 112-125 cm NATURAL COUNTRY ROCK 112-125 cm NATURAL COUNTRY ROCK 112-125 cm NATURAL COUNTRY ROCK 112-125 cm NATURAL COUNTRY ROCK 112-125 cm NATURAL COUNTRY ROCK 112-125 cm NATURAL COUNTRY ROCK 112-125 cm NATURAL COUNTRY ROCK 112-125 cm NATURAL COUNTRY ROCK 112-125 cm NATURAL COUNTRY ROCK 112-125 cm NATURAL COUNTRY ROCK 112-125 cm NATURAL COUNTRY ROCK 112-125 cm NATURAL COUNTRY ROCK 112-125 cm NATURAL COUNTRY ROCK 112-125 cm NATURAL COUNTRY ROCK 112-125 cm NATURAL COUNTRY ROCK 112-125 cm NATURAL COUNTRY ROCK 112-125 cm NATURAL COUNTRY ROCK 112-125 cm NATURAL COUNTRY ROCK 112-125 cm NATURAL COUNTRY ROCK 112-125 cm NATURAL COUNTRY ROCK 125-128 cm NATIVE AMERICAN ORE 125-128 cm NATIVE AMERICAN TOOL 125-128 cm NATURAL CHARCOAL 125-128 cm NATURAL COUNTRY ROCK 125-128 cm NATURAL COUNTRY ROCK 0-14 cm NATURAL COUNTRY ROCK 0-14 cm NATURAL COUNTRY ROCK 75-91 cm NATIVE AMERICAN TOOL 75-91 cm NATURAL COUNTRY ROCK 91-105 cm NATIVE AMERICAN ORE 91-105 cm NATIVE AMERICAN ORE 91-105 cm NATIVE AMERICAN TOOL 91-105 cm NATIVE AMERICAN TOOL 91-105 cm NATIVE AMERICAN TOOL 91-105 cm NATIVE AMERICAN TOOL 91-105 cm NATURAL COUNTRY ROCK 91-105 cm NATURAL COUNTRY ROCK 91-105 cm NATURAL COUNTRY ROCK 91-105 cm NATURAL COUNTRY ROCK 91-105 cm NATURAL COUNTRY ROCK 91-105 cm NATURAL COUNTRY ROCK 91-105 cm NATURAL COUNTRY ROCK 91-105 cm NATURAL COUNTRY ROCK 91-105 cm NATURAL COUNTRY ROCK 91-105 cm NATURAL COUNTRY ROCK 91-105 cm NATURAL COUNTRY ROCK 70 QUARTZ PEBBLE 13 QUARTZ PEBBLE 2 QUARTZ PEBBLE 2 QUARTZITE 6 WEATHERED CALCITE DIKE 4 WEATHERED CALCITE DIKE 96 WEATHERED SILICIFIED DOLOSTONE 1 WEATHERED SILICIFIED DOLOSTONE 10 WEATHERED SILICIFIED DOLOSTONE 10 WEATHERED SILICIFIED DOLOSTONE 2 WEATHERED SILICIFIED DOLOSTONE 20 WEATHERED SILICIFIED DOLOSTONE 20 WEATHERED SILICIFIED DOLOSTONE 25 WEATHERED SILICIFIED DOLOSTONE 28 WEATHERED SILICIFIED DOLOSTONE 335 WEATHERED SILICIFIED DOLOSTONE 35 WEATHERED SILICIFIED DOLOSTONE 46 WEATHERED SILICIFIED DOLOSTONE 5 WEATHERED SILICIFIED DOLOSTONE 57 WEATHERED SILICIFIED DOLOSTONE 6 WEATHERED SILICIFIED DOLOSTONE 6 WEATHERED SILICIFIED DOLOSTONE 6 WEATHERED SILICIFIED DOLOSTONE 8 HORNSITIC SILICIFIED DOLOSTONE 2 QUARTZITIC SILICIFIED DOLOSTONE 6 WOOD 2 CALCITE/QUARTZ DIKE 9 WEATHERED SILICIFIED DOLOSTONE 3 MISC. PEBBLE 15 QUARTZ PEBBLE 7 QUARTZITIC SILICIFIED DOLOSTONE 1 CALCITE DIKE 1 HORNSITIC SILICIFIED DOLOSTONE 4 HORNSITIC SILICIFIED DOLOSTONE 5 GRAYWACKE 1 QUARTZITE 1 QUARTZITIC SILICIFIED DOLOSTONE 4 QUARTZITIC SILICIFIED DOLOSTONE 7 ARGILLITE 2 ARGILLITE 6 ARKOSIC DOLOSTONE 16 ARKOSIC DOLOSTONE 30 CALCITE DIKE 1 CHERT 1 MISC. PEBBLE 39 QUARTZ PEBBLE 6 QUARTZ PEBBLE 8 SCHIST 7 WEATHERED SILICIFIED DOLOSTONE 5 Cedar Ridge Townhomes Project, South Burlington, Vermont Phase IB Study Artifact Inventory Location Level Depth Category Description Material Quantity ID. # METER 2 C/2A 91-105 cm NATURAL COUNTRY ROCK WEATHERED SILICIFIED DOLOSTONE 8 157 METER 4 (ARBITRARY) 4 47-57 cm NATURAL CHARCOAL WOOD 25 472 47-57 cm NATURAL COUNTRY ROCK WEATHERED CALCITE DIKE 4 470 47-57 cm NATURAL COUNTRY ROCK WEATHERED SILICIFIED DOLOSTONE 14 471 (LEVEL 5) 57-80 cm NATIVE AMERICAN ORE HORNSITIC SILICIFIED DOLOSTONE 6 207 57-80 cm NATURAL CHARCOAL WOOD 7 210 57-80 cm NATURAL COUNTRY ROCK ARGILLITE 1 209 57-80 cm NATURAL COUNTRY ROCK QUARTZ PEBBLE 1 208 57-80 cm NATURAL COUNTRY ROCK WEATHERED SILICIFIED DOLOSTONE 8 206 (LEVEL 6) 80-88 cm NATURAL CHARCOAL WOOD 2 201 80-88 cm NATURAL COUNTRY ROCK MISC. PEBBLE 2 203 80-88 cm NATURAL COUNTRY ROCK WEATHERED QUARTZITIC DOLOSTONE 1 204 80-88 cm NATURAL COUNTRY ROCK WEATHERED SILICIFIED DOLOSTONE 1 205 80-88 cm NATURAL SEED PIN CHERRY 8 202 Bh 14-29 cm NATURAL COUNTRY ROCK MISC. PEBBLE 54 466 14-29 cm NATURAL COUNTRY ROCK WEATHERED CALCITE DIKE 6 465 LEVEL 3 29-47 cm NATURAL CHARCOAL WOOD 19 257 29-47 cm NATURAL COUNTRY ROCK CALCITE DIKE 3 256 29-47 cm NATURAL COUNTRY ROCK SCHIST 1 255 29-47 cm NATURAL COUNTRY ROCK WEATHERED SILICIFIED DOLOSTONE 4 254 METER 4 NW LEVEL 3 29-47 cm NATIVE AMERICAN ORE HORNSITIC SILICIFIED DOLOSTONE 1 222 METER 5 A 0-35 cm NATIVE AMERICAN ORE HORNSITIC SILICIFIED DOLOSTONE 1 416 0-35 cm NATIVE AMERICAN ORE HORNSITIC SILICIFIED DOLOSTONE 2 190 0-35 cm NATIVE AMERICAN LID BONE 1 318 0-35 cm NATURAL CHARCOAL WOOD 9 418 0-35 cm NATURAL COUNTRY ROCK ARKOSIC DOLOSTONE 35 315 0-35 cm NATURAL COUNTRY ROCK CALCITE/QUARTZ DIKE 196 316 0-35 cm NATURAL COUNTRY ROCK CALCITE/QUARTZ DIKE 233 192 0-35 cm NATURAL COUNTRY ROCK MISC. PEBBLE 10 415 0-35 cm NATURAL COUNTRY ROCK MISC. PEBBLE 42 317 0-35 cm NATURAL COUNTRY ROCK MISC. PEBBLE 99 191 0-35 cm NATURAL COUNTRY ROCK QUARTZ PEBBLE 34 193 0-35 cm NATURAL COUNTRY ROCK WEATHERED CALCITE/QUARTZ DIKE 68 414 0-35 cm NATURAL COUNTRY ROCK WEATHERED SILICIFIED DOLOSTONE 326 413 0-35 cm NATURAL COUNTRY ROCK WEATHERED SILICIFIED DOLOSTONE 374 194 0-35 cm NATURAL COUNTRY ROCK WEATHERED SILICIFIED DOLOSTONE 774 314 0-35 cm NATURAL FRAGMENT WOOD 3 419 BC 35-48 cm NATURAL COUNTRY ROCK CALCITE/QUARTZ DIKE 7 216 35-48 cm NATURAL COUNTRY ROCK MISC. PEBBLE 1 218 35-48 cm NATURAL COUNTRY ROCK QUARTZ PEBBLE 3 217 35-48 cm NATURAL COUNTRY ROCK WEATHERED SILICIFIED DOLOSTONE 15 219 C (LEVEL 1) 48-58 cm NATURAL COUNTRY ROCK WEATHERED SILICIFIED DOLOSTONE 1 200 N OF STREAM OUTCROP NATIVE AMERICAN ORE;PREFORM? HORNSITIC SILICIFIED DOLOSTONE 11 233 NATIVE AMERICAN TOOL QUARTZITE 1 234 STREAMBED SURFACE NATIVE AMERICAN PROJECTILE POINT CHERT 1 473 TR7 TP2 2A 86-126 cm NATIVE AMERICAN ORE HORNSITIC SILICIFIED DOLOSTONE 2 503 86-126 cm NATIVE AMERICAN TOOL QUARTZITIC SILICIFIED DOLOSTONE 11 504 86-126 cm NATIVE AMERICAN TOOL QUARTZITIC SILICIFIED DOLOSTONE 3 495 86-126 cm NATIVE AMERICAN UD BONE 1 500 71 Cedar Ridge Townhomes Project, South Burlington, Vermont Phase IB Study Artifact Inventory Location Level Depth Category Description Material Quantity ID. # TR7 TP2 2A 86-126 cm NATURAL COUNTRY ROCK MISC. PEBBLE 5 501 86-126 cm NATURAL COUNTRY ROCK QUARTZ DIKE 4 505 86-126 cm NATURAL COUNTRY ROCK WEATHERED SILICIFIED DOLOSTONE 59 502 BC 22-86 cm NATIVE AMERICAN ORE HORNSITIC SILICIFIED DOLOSTONE 10 499 22-86 cm NATIVE AMERICAN TOOL QUARTZITIC SILICIFIED DOLOSTONE 6 496 22-86 cm NATURAL COUNTRY ROCK MISC. PEBBLE 1 497 22-86 cm NATURAL COUNTRY ROCK WEATHERED CALCITE DIKE 1 498 TR8 TP1 C 30-62 cm NATIVE AMERICAN ORE HORNSITIC SILICIFIED DOLOSTONE 3 365 30-62 cm NATIVE AMERICAN TOOL QUARTZITIC SILICIFIED DOLOSTONE 10 364 30-62 cm NATURAL COUNTRY ROCK ARGILLITE 2 367 30-62 cm NATURAL COUNTRY ROCK ARKOSIC DOLOSTONE 5 366 30-62 cm NATURAL COUNTRY ROCK MISC. PEBBLE 7 368 30-62 cm NATURAL COUNTRY ROCK WEATHERED CALCITE DIKE 6 362 30-62 cm NATURAL COUNTRY ROCK WEATHERED SILICIFIED DOLOSTONE 10 363 72 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 STEVEN F. STITZEL PATTI R. PAGE* ROBERT E.FLETCHER JOSEPH S. MCLEAN TIMOTHY M. EUSTACE (-ALSO ADMITTED IN N.Y.) (802) 660-2555 (VOICEITDD) FAX (802) 660-2552 E-MAIL(FIRM2555 SAOL.COM) November 10, 1998 M. Cecilia Daly, Esq. Doremus Associates 112 Lake'Street, Suite 3 Burlington, VT 05401-5284 Re: Cedar Ridge Townhomes Dear Celia: OF COUNSEL ARTHUR W. CERNOSIA Thank you for the revised documents for the above -referenced development. The documents are suitable for execution and delivery to the City for recording. I understand that Patchen Road Group, LLC has recently acquired this project and will therefore be the Grantor of the easements to the City. As such, please notify the attorney for Patchen Road Group, LLC that executed documents should be forwarded to this office prior to delivery to the City for recording. I will need to do a quick title update and, assuming everything is in order, will see to it that the documents are recorded in the City Land Records. Please do not hesitate to call if you have any questions. Thank you. Sincerely, Timothy M. Eustace THE/jp cc: Ray Belair Son3804.cor L i= AGENCY OF NATURAL RESOURCES (ANR) AND ENVIRONMENTAL BOARD (ACT 250) PROJECT REVIEW SHEET THIS IS NOT A PERMIT TOTAL # DEC PERMITS PRE-APP'_:CATION REVIEW RESPONSE DATE � PENCIP,G APPLICATION # tc/a/-' -If% DISTRICT TOWN ��� ✓i11'KLlA4.7,f0 tJ PIN # ,�Jy6- oa�� OWNER OF PROJECT SITE: // NAME. � a,'.);&L ADDRESS: TELEPHONE: Based on information provided by AC do}s"ad m4la t, of land of 1. 1/, acres, located on V-rci4c;L' APPLICANT :�R REPRESENTATIVE. NAME: ADDRESS. TELEPHC^�. eived on a project was reviewed on a tract✓tracts The project is generally described as: Prior Permits From This Office: 4 ' cf�c'7 Lew —(/-i 01/^ PERMITS NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE PRIOR TO COMMENCEMENT OF CONSTRUCTION I. ACT 250: THIS IS A JURISDICTIONAL OPINION BASED UPON AVAILABLE INFORMATION. ANY NOTIFIED PARTY OR INTERESTED PERSON AFFECTED BY THE OUTCOME MAY APPEAL TO THE ENVIRONMENTAL BOARD (ACT 250) WITHIN 30 DAYS OF THE ISSUANCE OF THIS OPINION (10 V.S.A. SEC. 6007(C)). Commercial, residential or municipal project? Length of n,ewiimproved road(s) Has the landowner subdivided before? When/where/# of lots AN ACT 250 PERMIT IS REQUIRED: X YES NO, Copies sent -c Statutory Parties. YES COMMENTS: NO ' Lacey � J( &-'` ENVIRONMENTAL COMMISSION =►�v _Uvlki, ^ i %h""{' ^tNNA<vVi1 ry 'L°v' 3atDi. 1�!�tc1� :6+^� 1i7 . ��r. DISTRICTS #4,6 &9 111 WEST STREET ESSEX JUNCTION,VT 05452 SIGNATURE:_ j-0vt9d ti`u - DATE: '4- A.CCRESS: Cistrict Coordinator Telephone: (802)879-5614 WASTEWATER MANAGEMENT DIVISION REGIONAL OFFICE: PERM17AP0ROVAL REQUIRED YES _ NO Water Supply & Wastewater Disposal Subdivision &/or Exempticn � Deferral of Subdivision ({_- T ent/Travel Trailer Campground Mobile Home Park ='ccr Drains (UIC) Sewer Extension REGIONAL ENGINEER ASSIGNED: 6i0el witaySc-:% — AGENCY OF NATURAL RESOURCES i' DEPT. OF ENVIRONMENTAL SIGNATURE: I!�,'i,;t�-U fly e u� DATE: /0 ,Y %� 'CDRESS: CONSERVATION . Environmental Assistance Division 111 WEST STREET Wastewater Management Division Telephone: (802)879-5656 ESSEX JUNCTION,VT 05452 THIS IS A PRELIMINARY, NON -BINDING DETERMINATION REGARDING OTHER PERMITS WHICH YOU MAY NEED PRIOR TO COMMENCEMENT OF CONSTRUCTION. PLEASE CONTACT THE DEPARTMENTS INDICATED BELOW AND ON THE REVERSE SIDE. 3. WASTEWATER MANAGEMENT DIVISION, ANR (802-241-3822) Discharge Permit; pretreatment permits; industrial, municipal Contact: Stormwater permits (state and federal, UIC) OTHER PERMITS AND REVIEWS YOU MAY NEED: (Continued) 4. AIR POLLUTION CONTROL DIVISION, ANR (802-241-3840) Contact: Construction/modification of source Open Burning Furnace Boiler Conversion/Installation Industrial Process Air Emissions 5. WATER SUPPLY DIVISION, ANR (802-241-3400) Well head protection areas Construction Permit, water system improvements Contact: _ Bottled Water Permit to operate Diesel Engines (> 200 bHP) New Hydrants New Source 6. WATER QUALITY DIVISION, ANR Contact: Hydroelectric Projects (241-3770) Use of chemicals in State waters(241-3777) Shoreland encroachment (241-3777) Aquatic nuisance control (241-3777) Wetlands (241-3770) Section 401 Water Quality Certificate; (241-3770) Stream Alteration (748-8787/786-5906) Water Withdrawal (241-3770) 7. WASTE MANAGEMENT DIVISION, ANR Contact: Hazardous waste treatment, storage, disposal facility certificate (241-3888) Underground Storage Tanks (241-3888) Hazardous waste handler notification requirement (241-3888) Asbestos Disposal (241-3444) Lined landfills; transfer stations, recycling facilities, drop off (241-3444) Composting Facilities (241-3444) Disposal of inert waste, untreated wood & stumps (241-3444) HW transporter certificate (241-3888) Waste oil burning (241-3888) 8. FACILITIES ENGINEERING DIVISION, ANR Contact: Dam operations (greater than 500,000 cu. ft.)(241-3451) State funded municipal water/sewer extensions/upgrades and Pollution Control Systems (241-3750) 9. POLLUTION PREVENTION HOTLINE (1-800-974-9559) Contact: RECYCLING HOTLINE (1-800-932-7100) Contact: SMALL BUSINESS COMPLIANCE ASSISTANCE PROGRAM Contact: 10. DEPARTMENT OF FISH & WILDLIFE, ANR (802-241-3700) Contact: Nongame & Natural Heritage program (Threatened & Endangered Species) Stream Obstruction Approval 11 Judy Mirro 802-241-3745 DEPARTMENT OF LABOR AND INDUSTRY (802-828-2106) or District Office# _ Construction Permit fire prevention, electrical, plumbing, accessibility (Americans with Disabilities Act) _ Storage of flammable liquids, explosives _ Plumbing in residences served by public water/sewer with 10 or more customers _ Sprinkler Systems LP Gas Storage Boilers and pressure vesseis 12. DEPARTMENT OF HEALTH (800-439-8550 in VT) (802.863-7221) (Lab 800-660-9997) Contact: Food, lodging, bakeries, food processors Program for asbestos control & lead certification Children's camps Hot Tub Installation & Inspection - Commercial 13. AGENCY OF HUMAN SERVICES Child care facilities (241-2158) Nursing Homes (241-2345) 14. Contact: Residential care homes (241-2345) (Dept. of Aging & Disabilities) Therapeutic Community Residence (241-2345) AGENCY OF TRANSPORTATION Contact: _ _ Access to state highways (residential, commercial) (828-2653) _ Signs (Travel Information Council) (828-2651) _ Development within 500' of a limited access highway (828-2653) Construction within state highway right -of way (Utilities, Grading, etc.) (828-2653) 15. DEPARTMENT OF AGRICULTURE Use/sale of pesticides (828-2431) Milk processing facilities (828-2433) Golf courses (828-2431) Green Houses/Nurseries (828-2431) Junkyards (828-2067) Railroad crossings (828-2760) Airports and landing strips (828-2833) Contact: Slaughter houses. poultry processing (828-2426) Animal shelters/pet rnerchanOivestock dealers (828-2421) Weights and measures, Gas Pumps, Scales (828-2436) Retail Sales/Milk/Meat/Poultry/Frozen Dessert/Class "C" Pesticides (828-2436) 16. DEPARTMENT OF PUBLIC SERVICE (800-642-3281) VT Residential Building Energy Standards (See Enclosure) 17. DIVISION FOR HISTORIC PRESERVATION (802-828-3226) Historic buildings Archeological sites 18. DEPARTMENT OF LIQUOR CONTROL (1-800-832-2339) Liquor licenses General Info (1-800-642-3134) 19. SECRETARY OF STATE (1-802-828-2386) Business registration Professional Boards (1-800-439-8683) 20. DEPARTMENT OF TAXES (802.828-2551) Business taxes (sales, mesis & rooms, amusement machines) 21. DEPARTMENT OF MOTOR VEHICLES (802-828-2074) Fuel taxes; commercial vehicle Franchise tax/solid waste ?2. OCAL PERMITS (SEE YOUR TOWN CLERK, ZONING ADMINISTRATOR, PLANNING COMMISSION, OR PUBLIC WORKS) 23. FEDERAL PERMITS U.S. ARMY CORPS OF ENGINEERS, BLDG 10-18, CAMP JOHNSON, COLCHESTER, VT 05446 (655-0334) Form Date 11/9 REVISION DATE: 25.OTHER: _ Rev. 7198 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 STEVEN F. STTTZEL (80' F6AX (802) 660-255F DD) PATTI R. PAGE* E-MAILIFIRIv125556 AOL.COn ROBERT E.FLETCHER JOSEPH S. MCLEAN TIMOTHY M. EUSTACE (*ALSO ADMITTED IN N.Y.) October 22, 1998 VIA FACSIMILE AND FIRST CLASS MAIL Cecilia M. Daly, Esq. Doremus Associates 112 Lake Street Burlington, VT 05401 Re: Cedar Ridge Townhomes Dear Cecilia: OF COUNSEL ARTHUR W. CE-RNOSIA I am writing to follow up our conversation of October 19, 1998 in connection with the above -captioned matter. In order to respond to your inquiry, I needed to review the file and retrieve the set of plans from the City offices. My apologizes for the delay in getting back to you. I offer the following responses to your questions: 1. -Grantor's Right to Cross Water and Sewer Easement b Motor Vehicle - If you look at Sheet SP3 of the set of plans you will note that the water main is, for the most part, entirely outside of the private road right- of-way. In addition, portions of the gravity sewer main are also outside of the road right-of-way. This was the reason I suggested limiting Grantor's ability to cross these easements by motor vehicle until such time as the utilities are constructed. Obviously, Grantor (along with unit owners and, in some cases, the general public) will have the ability to cross the utility easements within the road right-of-way and driveways by motor vehicle. Perhaps the following language will solve the problem: "Grantor, its successors and assigns, shall have the right to make use of the surface of the land subject to this right- of-way and easement such as shall not be inconsistent with the use of the Grantee..." 2. Indemnity Language for Water and Sewer Easements - The City will not agree to the indemnity language that you have suggested - whereby the City would hold Grantor harmless for any injury or damage resulting from the "public use" of the water and sewer main easements. Unlike a bicycle path easement, these easement areas will be used by unit owners and the general public as Cecilia M. Daly, Esq. October 22, 1998 Page 2 private roads, sidewalks, driveways and common areas in addition to the City's intended uses (maintenance, repair and replacement of utility mains). The language in your draft documents would encompass injury and damages caused by events outside the scope of the City's intended use of the easements. The City cannot indemnify and hold the Grantor harmless for injury or damage resulting from events unrelated to the City's use of these easements. For example, the City cannot possibly be asked to indemnify the Grantor or its successors and assigns for a bicycle accident in one of the unit driveways that happened to occur within the water main easement area. I hope that this letter is responsive to your inquiry. I look forward to receiving the revised documents and working with you to get them into final form. Please do not hesitate to call if you have any questions or wish to discuss these issues further. Thank you. Sincerely, Timothy M. Eustace THE/jp cc: Raymond Belair Son3784.cor a ot 3ri r 5:x t & Vexmorrr o5 4c3 "ia,dwt R own Irbrn.�.9 oxQ. -ta lo¢.. c �1M2. a`(�►- GX2» n�re _ Jean S 8 Larch S Burlinc W• • • - . . • ai.." �a a �.�61IL i ... oL X- Con v n STITZEL, PAGE & FLETCHER, P.C. STEVEN F. STITZEL PAM R. PAGE* ROBERT E.FLETCHER JOSEPH S. McLEAN TIMOTHY M. EUSTACE (`ALSO ADMITTED IN N.Y) Philip C. Linton, Esq. Doremus Associates 112 Lake Street Burlington, VT 05401 ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICE/TDD) FAX (802) 660-2552 E-MAIL(FIRM2555 AOL.COM) August 25, 1997 Re: Cedar Ridge Townhomes Dear Phil: OF COUNSEL ARTHUR W.CERNOSIA Thank you for the set of revised documents sent with your July 9, 1997 correspondence. I have reviewed the documents and offer the following comments: Exhibit A Warranty Deed (Road) In the paragraph preceding the description please make the following change: "Also being a portion of a sixty foot 60' wide roadway depicted as `Juniper Drive, on a four (4) page set of plans entitled `Cedar Ridge Townhomes, Patchen Road, South Burlington, Vt.,, Project No. 94049-41 prepared by Trudell Consulting Engineers, Inc., dated May 9, 1996, last revised May 28, 1996, and recorded at Map Book 386, Pages 43-46 of the City of South Burlington Land Records (the "Plat"). Note: Please make the above changes to the Plat reference in all documents. In the paragraph following the description, please make the following changes: "...including, but not limited to water lines and facilities, gravity sewer lines and facilities, and storm drainage lines and facilities located within the premises, except a sewer force main running in a generally easterly direction from a sewer main eenneeted te—a sewer pump station located in the southwesterly portion of the common area within the private loop road to a sewer main owned by GRANTEE within the Patchen Road right-of-way. Said sewer force main is depicted as 14" Class 160 Force Main' on said Plat. GRANTOR excepts herefrom and reserves for himself and his heirs and assigns the right to install, construct, operate, use, maintain, repair and replace said sewer force Philip C. Linton, Esq. Doremus Associates August 25, 1997 Page 2 main... and shall be solely and exclusively responsible for all costs and expenses associated with such sewer force main." Irrevocable Offer of Dedication for Pedestrian Path Easement Deed Please note that only one witness is required for each party. See also the other Offers of Dedication. Pedestrian Path Easement Deed Please make the following changes to Paragraph 1 of description: "Being a twenty foot 20' wide pedestrian path easement as depicted..." Please note that "Townhomes" is one word per the project title. Note: Please make similar changes to the descriptions to the Water Main Easement Deed and Gravity Sewer Main Easement Deed. Please make the following changes to paragraph 4 of the description: "A temporary easement and right-of-way five feet (51) on each side of said permanent easement and right-of-way is hereby granted to GRANTEE for purposes of constructing the pedestrian pathway." Please make the following changes to paragraph 5 of the description: "The easement shall be used by the general public for pedestrian purposes only.... GRANTEE, and its successors and assigns, shall be solely responsible for the construction, repair and maintenance r plaeement of the pedestrian path." Please make the following changes to the second full paragraph on page 2: "GRANTOR, and his heirs and assigns, shall have the right to cross on foot and, until such time as the pedestrian pathway has been constructed, by motor vehicle..." Note: Please make similar changes to Grantor's right to cross easement areas by motor vehicle in the Water Main Easement Deed and Gravity Sewer Main Easement Deed. Indemnity Clause: A review of 19 V.S.A. §2309 reveals that it applies to bicycle routes, and not to a strictly pedestrian path. As such, I would suggest ending the paragraph after the last "GRANTEE" and striking "with the intent that GRANTOR Jhal-I reeeive- the full benefit an-d--preteetien ef 4:9 V.S.A§23eq " In the alternative, the following could be added to the end of the paragraph as written: "...the full benefit and protection of 19 V.S.A. §2309, to the extent that said statute may apply." Private Roadway Agreement and Waiver Please make the following change to Paragraph 2: "The OWNER Philip C. Linton, Esq. Doremus Associates August 25, 1997 Page 3 waives any rights or claim he may have..." Please make the following change to paragraph 5: "...and keep the same in good order and repair..." Water Main Easement Deed Please make the following change to paragraph 4 of the description: "The premises shall alse—inelude, and- These presents shall constitute a bill of sale..." Page 2 - Please delete the indemnification paragraph entirely. Gravity Sewer Main Easement Deed Please make the following changes to paragraph 3 of the description: ""The premises shall alse=.n=relude, ate These presents shall constitute a bill of sale and GRANTOR hereby conveys any and all gravity sewer lines..." Page 2 - Please delete the indemnification paragraph entirely. Sewage Service Agreement, Waiver and Easement Please note that the correct title of this document is shown above. Please make the following changes to paragraph 2: "The OWNER waives any rights or claim he may have by virtue of the MUNICIPALITY'S approval of said sewage force main and pump station to request the MUNICIPALITY to accept the same as public improvements." Please make the following change to paragraph 5: "...and keep the same in good order and repair ..." Thank you for your consideration of these comments. Please do not hesitate to call if you have any questions or wish to discuss this project. I look forward to receiving revised documents. Sincerely, Timothy M. Eustace cc: Ray Belair SON3375.COR STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 STEVEN F. STITZEL PATTI R. PAGE* ROBERT E. FLETCHER JOSEPH S. MCLEAN TIMOTHY M. EUSTACE ('ALSO ADMMM IN N.Y.) Philip C. Linton, Esq. Doremus Associates 112 Lake Street Burlington, VT 05401 (802) 660-2555 (VOICE/TDD) FAX (802) 660-2552 E-MAM4FIRM2555 a(�AOL.COM) March 24, 1997 Re: Cedar Ridge Townhomes Dear Phil: OF COUNSEL ARTHUR W. CERNOSIA Post -it® Fax Note 7671 Date (� pages To fAJ � )' CO! cJ �l From < X Co./Dept. Co. t I Phone # Phone # Fax # Fax # Thank you for the set of documents sent with your March 11, 1997 correspondence. I have reviewed the documents along with the plans and final plat approval minutes and offer the following comments. Irrevocable Offer of Dedication for Roadway Warranty Deed In the third "Whereas" paragraph please delete the word "path." Exhibit A Warranty Deed (Road) Following the warranty deed reference in the description, there should be a paragraph which states that this document is intended to convey a sixty foot wide right-of-way and roadway depicted as a portion of "Juniper Drive" and refer to the plans. Beginning on the 14th line of the description, please note the following changes: "...thence turning to the right and proceeding N 38024/5311 E a distance of 127.33 feet, more or less, to a point marked by a concrete monument to be set; thence turning right sand proceeding S5204212111E a distance of 98.92 feet, more or less, to a point marked by a concrete monument to be set; thence proceeding on a curve to the left..." Please note the following changes in the first sentence of the paragraph following the description: Philip C. Linton, Esq. Doremus Associates March 24, 1997 Page 2 "The premises shall include and these presents shall constitute a bill of sale for all improvements located on, over and under said premises including, but not limited to water lines..." Please add the following sentence at the end of the paragraph following the description: "GRANTOR, its successors and assigns, shall have no right to make use of the surface of the GRANTEE'S property lying above said premises except as set forth in the preceding sentence and in common with the general public." On page 2, please note that 19 V.S.A. S 2309 applies to bicycle routes only. Please delete this paragraph. Pedestrian Path Easement Deed Please note that it is "by Warranty Deed of Munson Earth - Moving Corporation..." (See also Water and Sewer Main Easement Deeds) In the 4th paragraph of the description, please add the following language to the third sentence: "Specifically prohibited are all types of motorized vehicles or equipment, and bicycles, except motorized vehicles used by the GRANTEE or its agents for the purpose of maintaining or patrolling the pathway." Since the City will be constructing the pedestrian path, a temporary construction easement should be granted: "For purposes of constructing the pedestrian pathway a temporary easement and right-of-way five feet (51) on each side of said permanent easement and right-of-way is hereby granted to GRANTEE. This temporary easement and right-of- way shall expire once construction is completed and the pedestrian path is open to the public." Special Note: This Pedestrian path Easement Deed looks like the one submitted for the Patnaude project in Charlotte. I did not see anything in the approval minutes with respect to such issues as: unpaved surface, pedestrian use only (no bicycles), installation of signs, etc. If these issues were not discussed and agreed upon, the City would prefer to use our standard recreation path language. I have enclosed a copy for your review. Private Roadway Agreement and Waiver I believe the width of the private portion of the road is 24 Philip C. Linton, Esq. Doremus Associates March 24, 1997 Page 3 feet rather than 30 feet. Paragraph 4 - please add "plowing," before "repair or maintenance of said roadway." Paragraph 5 - please add "plow," before "repair, maintain, and replace said roadway..." in the second line of the first sentence. Please end paragraph 5 after "City of South Burlington" and delete the rest of the paragraph. There was no Notary Clause for the Duly Authorized Agent of the City in my document. (See also Sewer Service Agreement and Waiver). Exhibit A - Water Main Easement Deed Note that 19 V.S.A. § 2309 applies to bicycle routes only. Please delete this paragraph. Please add the following to the bill of sale language: "...constitute a bill of sale and does hereby convey any water lines located on, under and through the easement conveyed herein, together with all associated appurtenances, equipment, pumps, etc." Exhibit A - Sewer Main Easement Deed Note that 19 V.S.A. § 2309 applies to bicycle routes only. Please delete this paragraph. Please add the following to the bill of sale language: "...constitute a bill of sale and does hereby convey any sewer lines located on, under and through the easement conveyed herein, together with all associated appurtenances, equipment, pumps, etc." Sewage Service Agreement and Waiver Please add "and easement" to the title of this document. We discussed on the phone whether an easement to the City was necessary for this document. After reviewing your document, and our standard version, I realized that an easement is necessary in the event the City needs to enter the owners' property to repair or maintain the force main and pump station to protect the public health. I offer the following language from our standard form to replace the bulk of paragraph 5. Philip C. Linton, Esq. Doremus Associates March 24, 1997 Page 4 In paragraph 5, please end the paragraph after "...City of South Burlington." Then please add the following paragraphs: 6. In the event that the OWNER, his heirs and assigns, and/or the homeowners association shall fail to repair or maintain said force main or pump station and it becomes necessary to make repairs or maintain the force main or pump station to protect the public health or welfare, the MUNICIPALITY may, but is under no obligation to do so, with 24-hour notice (if reasonable) to the OWNER or homeowners association, make needed repairs. The OWNER or the homeowners association, as is appropriate, or their respective heirs or assigns, shall advise the MUNICIPALITY'S Zoning Administrator, from time to time, of the name, address and telephone number of the person(s) designated by them to respond to the MUNICIPALITY relating to said force main and pump station. For the purposes hereof, the MUNICIPALITY shall have sole discretion, reasonably exercised, to determine when repairs are required to protect the public health and welfare and what repairs and/or maintenance are required for such purpose. In the event that the MUNICIPALITY incurs any expenses in repairing and/or maintaining said force main and pump station, all of those expenses shall be assessed against the OWNER and his heirs and assigns and/or the homeowners association. If the amounts so assessed are not paid in full within ninety (90) days from the date of assessment, such amounts shall then be assessed as a lien, on a proportional basis, against each of the lots served by the system requiring such repairs, as shown on the Plat, and the MUNICIPALITY may recover such amount in the same manner as it may recover real property taxes assessed against the said lots. 7. OWNER and his heirs and assigns, hereby grants the MUNICIPALITY an easement and right to enter upon his land for the purpose of maintaining and making repairs to the force main and pump station, as provided above. Thank you for your consideration of these comments and suggestions. Please do not hesitate to call if you have any questions or wish to discuss this project. I look forward to hearing from you and receiving revised documents. Sincerely, Timothy M. Eustace Enclosure cc: Ray Belair (w/out encl.) SON3222.COR KNOW ALL PERSONS BY THESE PRESENTS, that the a Vermont corporation with its principal place of business in Burlington, 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 municipal corporation existing under the laws of the State of Vermont, Grantee, hereby GIVES, GRANTS, SELLS, CONVEYS and CONFIRMS 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 constructing and maintaining a recreational pathway for public use over, on and through property in the City of South Burlington, County of Chittenden and State of Vermont, described as follows: A strip of land twenty feet (201) in width as depicted on a plan entitled " " and recorded in Map Volume , Page of the City of South Burlington Land Records. Said easement and right-of-way shall be used by the public as a recreational and bicycle pathway 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. Grantee, its successors and assigns, shall have the right to construct, reconstruct, repair, maintain, replace, patrol, level, fill, drain and pave said recreational pathway, including all necessary bridges, culverts, cuts and ramps, at its sole cost and expense. Grantee further agrees, for itself and its successors and assigns, that any premises affected by its entry pursuant to this 1 easement and temporary construction easement shall be restored to their condition prior to such entry at its own 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- 0 of -way is hereby granted. Said temporary easement and right-of- way shall expire once construction is completed and the recreational pathway is open to the public. 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, but specifically shall place no structures, landscaping or other improvements within said easement and right-of-way which shall prevent or interfere with the within Grantee's ability to use said easement and right-of-way. 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 lands and premises conveyed to the within Grantor by Warranty Deed of I dated and recorded in Volume , Page of the City of South Burlington,Land Records. Reference is hereby made to the above -mentioned plan and deed and the records thereof, and the references therein made all in further aid of this description. TO HAVE AND TO HOLD the above granted rights and privileges in, upon and over said premises unto Grantee, its successors and assigns forever; and Grantor does for itself and its successors and assigns, covenant with Grantee and its successors and assigns, that Grantor is lawfully seized in fee simple of the aforesaid premises, that they are free from all encumbrances, N that the Grantor has good right and title to sell and convey the rights as aforesaid and that Grantor, and its successor and assigns shall Warrant and Defend the same to Grantee and its successors and assigns forever against the lawful claims and demands of all persons. IN WITNESS WHEREOF, hereunto sets its hands and seals this day of , 1995. IN PRESENCE OF: By: Its duly authorized agent STATE OF VERMONT COUNTY OF CRITTENDEN, SS. At , Vermont, this day of 19_, personally appeared duly authorized agent of ' ner sealer of the foregoing written instrument, and acknowledgedthesame to be his/her free act and deed and the free act and deed of Before me, Notary Public 3 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 STEVEN F. STITZEL PATTI R. PAGE* ROBERT E. FLETCHER JOSEPH S. MCLEAN TIMOTHY M. EUSTACE (-ALSO ADMITTED IN N.Y.) Phillip C. Linton, Esq. Doremus Associates 112 Lake Street Burlington, VT OS401 (802) 660-2555 (VOICE/TDD) FAX (802) 660-2552 E-MAIL(FMM2555 AOL.COM) February 6, 1997 Re: Cedar Ridge Townhomes - South Burlington Dear Phil: OF COUNSEL ARTHUR W. CERNOSIA I understand that you are working on the above -captioned development. I have recently received the plans and some legal documents for this project and I am currently reviewing the same. Presently, I have the following documents in my file: -Irrevocable Offer of Dedication for Pedestrian Path Easement Deed -Pedestrian Path Easement Deed (Exhibit A) & VPTTR -Irrevocable Offer of Dedication for Roadway Warranty Deed -Roadway Warranty Deed (Exhibit A) & VPTTR -Declaration of Condominium After reviewing the May 7, 1996 Findings of Fact and Decision of the South Burlington Planning Commission, I believe that the following legal documents will be required in addition to those listed above: -Private Roadway Agreement & Waiver - for that portion of the road which lies westerly of the Arbor Road intersection and will remain private. -Sewage Service Agreement, Waiver & Easement - for the Force Philip C. Linton, Esq. Doremus Associates February 6, 1997 Page 2 Main and Pump Station which will remain private. -Water Main Easement - for the water main which lies outside of the public road right-of-way. -Sewer Main Easement - for the gravity sewer main which lies outside of the public road right-of-way. Thank you for your attention to this matter. I look forward to receiving the above documents. Please do not hesitate to call if you have any questions or wish to discuss this project. Very truly yours, Timothy M. Eustace cc: Ray Belair SON3195.COR � r 1 Y State of Vermont 40 5 WATER SUPPLY AND WASTEWATER DISPOSAL PERMIT Case #: WW-4-0949 LAWS/REGULATIONS INVOLVED PIN : EJ96-0227 Environmental Protection Rules Applicant: Randall Munson Effective September 10, 1982 Address: 366 Dorset Street South Burlington, VT 05403 This project, consisting of constructing 46 two bedroom and 46 three bedroom residential units in 23 buildings on approximately 27 acres of land located off Patchen Road in the city of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject tc the following conditions. This Permit does not constitute Act 250 approval. GENERAL 1. This permit does not relieve the permittee from obtaining all other approvals and permits as may be required from the Act 250 District Environmental Commission and local officials PRIOR to proceeding with this project. 2. The project shall be completed as shown on the plans Sheet SP1 "Master Site Plan" dated 10-26-95 last revised 2-2-96; Sheet SP3 "Utility Plan" dated 8-24-95; Sheet P1 "Road Profile" dated 9-01-95 revised 2-05-96; Sheet D1 "Sewer Details" dated 7-13-95; Sheet D2 "Pump Station Profile" dated 7-13-95; Sheet D3 "Pump Station Section & Plan" dated 7-13-95; Sheet D4 "Storage Tank" dated 7-13-95; and Sheet D5 "Pump Station Details" dated 7-13-95 prepared by Trudell Consulting Engineers, Inc. and which have been stamped "approved" by the Wastewater Management Division. The project shall not deviate from the approved plans without prior written approval from the Wastewater Management Division. 2. A copy of the approved plans and this Permit shall remain on the project during all phases of construction and, upon request, shall be made available for inspection by State or local personnel. 3. In the event of a transfer of ownership (partial or whole) of this project, the transferee shall become permittee and be subject to compliance with the terms and conditions of this permit. 4. The Wastewater Management Division now reviews the sewage and water systems for public buildings under 10 V.S.A., Chapter 61 - Water Supply and Wastewater Disposal Permit. Water Supply and Wastewater Disposal Permit WW-4-0949 Page 2 WATER SUPPLY 5. The project is approved for water supply by construction and utilization of the proposed public water system subject to the jurisdiction of the Vermont Agency of Natural Resources. No other means of obtaining potable water shall be allowed without prior review and approval by the Division of Protection. 6. The water main extension is approved provided the water main extension is constructed in strict accordance with the Agency of Natural Resources' "Public Water System Permit to Construct " Project #E-0592 WSID #5091 to Randall Munson dated April 10, 1996. WASTEWATER DISPOSAL 7. The project is approved for connection to the South Burlington Airport Parkway wastewater treatment facility for a maximum of 34,500 gallons of sewage per day. 8. A professional engineer, registered in the State of Vermont, is to generally supervise the construction of the sanitary sewer line extensions and, upon completion of construction, the supervising engineer is to submit to the Wastewater Management Division a written certification stating all construction has been completed in accordance with the stamped approved plans. The engineer's certification is to be submitted to the Division prior to the occupancy of any unit and the certification shall include, but not be limited to, the numerical results of all leakage testing performed on each segment of the sanitary sewer extension and all manholes, pump stations and force main as described in Appendix A, of the Environmental Protection Rules. Dated at Essex Junction, Vermont this 31st day of May, 1996. William C. Brierley, Commissioner Department of Environmental Conservation By Ernest P. Christianson Regional Engineer c For the Record South Burlington Planning Commission South Burlington Selectboard Act 250 Coordinator -Louis Borie Water Supply Division Department of Labor and Industry Trudell Consulting Engineers, Inc. Memorandum - Planning May 9, 1995 agenda items May 5, 1995 Page 11 Traffic: This property is located in Traffic Overlay Zone 5 which would allow this property to generate 470 vehicle trip ends (vte's) during the P.M. peak hour. ITE estimates that this facility currently generates 71 vte's and with the proposed addition to generate 72.7 vte's for a 1.7 vte increase. Lighting: Existing exterior lighting consists of the following: --- 23, one thousand watt metal halide lamps with downcasting and shielded fixtures on sixteen 22 foot poles. --- 2 building mounted 250 watt sodium high pressure flood lights, one (1) mounted on the main building and one (1) is mounted on an accessory building. Other: --- the plan should be revised to include: a scale, the correct name of Holmes Road and the name of the current owner of 2 Holmes Road. 9) SOUTH BURLINGTON REALTY COMPANY - 108 UNIT PUD - SKETCH PLAN This project consists of the construction of 108 multi -family residential units in 27 buildings on 27.76 acres. This property located at 201 Patchen Road lies within the R4 and C.O. Districts. It is bounded on the south by a single family residence and the Summer Woods residential development, on the north by the Patchen Place residential development and a cemetery, on the west by undeveloped property and on the east by single family residences and Patchen Road. Access: Access will be via a new 30 foot paved street off Patchen Road and a connection to Arbor Road. The portion of the street from Patchen Road to and including the Arbor Road connection should be constructed to City standards. The portion of the road which lies westerly of the intersection with Arbor Road is a cul-de-sac and will remain a private street. This cul-de-sac street is approximately 1450 feet in length and exceeds the 800 foot length limitation. The cul-de-sac portion provides access to 96 units which is 46 units more than permitted under Section 401.1(g) of the subdivision regulations. 11 Memorandum - Planning May 9, 1995 agenda items May 5, 1995 Page 12 Coverage/setbacks: Building coverage is 8.6% (maximum allowed is 20%). Overall coverage is 17.5% (maximum allowed is 40%). All buildings will meet the 50 foot PUD perimeter setback. Density: Staff has determined that 76 units is the base maximum density as calculated under Section 26.152(a) of the zoning regulations. The proposal is for 108 units which is 32 units or 42% more than the base maximum. Section 26.152(b) of the zoning regulations allows the Planning Commission to permit density increases up to the normal maximum per district according to the degree to which the development satisfies the general standards listed in Section 26.151 and the specific standards for a PUD or PRD in a given district. The normal maximum for this project is 111 units. The applicant has submitted a report addressing the criteria in 26.151 (see enclosed). Wetlands: A significant portion of the site is wetland and wetland buffer area. These areas constitute the C.O. District on the property. The sketch plan indicates that portions of buildings #1,4,5,9,11 and 18 are located partially within the C.O. District. In addition, the applicant has indicated that significant earth removal and filling will occur in the wetland buffer. The applicant has indicated that the plan will be modified so that only buildings #1,4 and 9 will intrude into the C.O. District, however, it is staff's understanding that significant earth removal and filling will still occur in the C.O. District. This encroachment is permitted by the Planning Commission if the encroachment will not significantly adversely affect the attributes provided in Section 3.503 (a) - (e) of the zoning regulations. The Natural Resources Committee has reviewed these plans and has submitted comments (see enclosed). Sewer: The sewer allocation requested is 34,020 gpd. Traffic: A traffic impact analysis should be prepared and submitted for preliminary plat review. Recreation/pedestrian path: The City has dedicated recreation/pedestrian paths in the Summer Woods and Patchen Place developments. The applicant should continue these easements across their property. The Recreation Path Committee is currently reviewing this proposal and may have comments available for the meeting. 12 Memorandum - Planning May 9, 1995 agenda items May 5, 1.995 Page 13 Sidewalk: In addition to a sidewalk along the new public street, the applicant should construct a sidewalk along the property's frontage on Patchen Road. Preliminary plat: The preliminary plat should contain all the information required for a site plan under Section 26.10 of the zoning regulations and a preliminary plat under Section 203.1 of the subdivision regulations. Impact fees: The applicant should be aware that this project will be subject to the road, school and recreation impact fees. These fees will be approximately $1500 per unit. 13 PLANNING COMMISSION 13 March 1996 page 3 Mr. Burgess noted that aesthetic review is not the Commission purview. b. The footprint of the building is also a concern. The Board would prefer a stagger affect for consistency. c. They are also concerned with brick chimneys. They present plan is to make them optional. She believed the chimneys are in the act 250 approval. d. Timing: The applicant wants to clear cut the area of old growth trees. Residents are concerned they will cut and leave the area unbuilt for a long time. Mr. Jaeger said they won't start a building until they can finance it. To do that they have to have it half sold. He said they will try to get together with Meadowbrook and work things out. Mr. Burgess asked if the applicant would be willing to stipulate that once a building is started it would be finished. Mr. Jaeger did not see a reason to. Ms. Gilfillan noted they have been talking with the developer for a long time and have been at a stalemate until recently. Mr. Burgess said the Commission is encouraging the developer to try to work things out. Mr. Austin suggested identifying trees to be saved outside the footprint of the buildings. Mr. Sheahan added that he preferred to see mature trees saved and suggested possible credit for those trees that are saved. A resident noted that a place where the applicant has indicated they will save trees actually has no trees at all. Mr. Fisher asked about the drainage problem and where water will drain to. Mr. Jaeger said it would sheet flow into swales with catchbasins, then into the drainage system. Residents said they now have to chip ice from pipes in the winter and you can stand and watch water going across the road. Mr. Jaeger showed where there would be new catch basins. They will replace 8" pipe with 15" pipe. Mr. Weith said the City Engineer has found the drainage plan adequate and acceptable. 5. Discussion regarding final plat approval of South Burlington Realty Company for construction of a planned residential development consisting of 92 multi -family units in 23 buildings on 27.76 acres of land, 201 Patchen Road: PLANNING COMMISSION 13 MARCH 1996 PAGE 4 Mr. Jaeger said the project will be called Centennial Heights. It was first presented in 1995 with 108 units. There were concerns and the project was then reduced to 100 units. Because of concerns, especially about the retaining wall, the project is now reduced to 92 units. Changes in the project: Two buildings have been removed, one in the center island. The removal of the second building eliminates the need for a large retaining wall. They will now need only a 5-6 ft. wall instead of 18 ft. Mailboxes have been place outside the city right-of-way. The site of 4 buildings has been regraded so residents can have walkout basements. The sidewalk has also been relocated. There will be a stipulation in the covenants prohibiting conversion of garage space to residential space and also a prohi- bition against RV's on site. The applicant feels this plan decreases potential harm to the CO Zone. They will reduce the steep bank and revegetate it. This will be required by Act 250 as well. Mr. Austin asked if Natural Resources has seen the plan. Mr. Jaeger said they have walked the site with them and showed what will be cut. He added they will actually cut less than in the original plan. Mr. Beaudin asked if they would remove any soil from the site. Mr. Jaeger said they hoped they could but he thought it would be pretty balanced. They haven't yet done a cut/fill analysis. Mr. Weith noted the number of units on the cul de sac is more than allowed in the regulations, but the Commission can waive this. Mr. Burgess asked how the Commission decides on traffic when 2 developments come in simultaneously. There is a proposed 60-unit motel proposed in this area as well and both have significant traffic impact. Traffic studies were done in a vacuum, each not knowing about the other. Mr. Keough said most residents don't want a sidewalk and asked if it could be eliminated. Mr. Burgess said the Commission would have to be convinced not to require it. Mr. Keough also asked if there would be a traffic light. Mr. Jaeger said there is no plan PLANNING COMMISSION 12 March 1996 page 5 for one. No other issues were raised. 6. Site plan application of Gabe Handy to 1) raze a single family dwelling and 2) construct a 60-room motel on a 0.83 acre parcel of land, 8-10-12 White Street: Messrs. Austin and Crow stepped down due to a conflict of interest. Mr. Farrell said the motel would be a 4-story building with full basement. He felt they could meet the required 62 parking spaces. The plan shows a 22 ft. access to Zachary's Pizza lot. Zachary's had 3 parking spaces on this lot which they will lose because of the access. The applicant is questioning the need for this access as they feel it impinges on their ability to meet parking needs. They also question the need for access to the Merchant's Bank lot which eliminates one parking space. Lighting will be from metal halide, units on poles and on the building face. There will be landscaping around the perimeter. Mr. Handy has a shuttle service to the Airport, so many patrons won't have cars. Mr. Farrell felt they wouldn't need all the required parking. They are asking for a 12-month approval as they feel they cannot get built in this construction season. Mr. Sheahan asked what is being done to mitigate the 45' building height. Mr. Farrell said they will increase the front setback to 45 ft., the side yard to 17.51. He felt they complied with the zoning provisions. Mr. Farrell noted it is a pitched roof building. Mr. Burgess reminded the applicant that the 45 ft. includes rooftop apparatus, so the applicant can have no air conditioning units on the room. Mr. Farrell said they understand that. Mr. Beaudin asked how steep the ramp is into the basement. Mr. Handy said it drops 6 ft. in 45 ft. Mr. Beaudin said he would like to see a plan that includes Zachary's and their parking. Mr. Farrell asked what they can do to avoid making the accesses to Zachary's and the Merchant's. Mr. Weith said staff feels both connections are beneficial. He wasn't sure the one to Zachary's PLANNING COMMISSION 16 APRIL 1996 The South Burlington Planning Commission held a regular meeting on Tuesday, 16 April 1996, at 7:330 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: William Burgess, Chair; David Austin, Terrence Sheahan, Mac Teeson, Mark Crow, Gayle Barone, Marcel Beaudin. Also Present: Joe Weith, City Planner; Dan O'Brien, John Jaeger, Charlie Brush, John Giebink, David Bridges, Nick Bannano, Russell Fox, George Voland, Dick Shield, Molly Lambert, Bill Schuele, Andrew Thompson, Joe Halko, Toni Lisman, Albert St. Amand, Steve Bushey 1. Other Business: Mr. Weith advised that 5 years ago Country Park apartments got approval to add elderly housing units to the east side of their existing building. They then got a 2-year extension. Those permits will expire on 4 June. The developer wants to amend the plan to break up the units into 2 separate buildings with carports. If the Commission follows the normal procedure, the approvals will expire and the developer would have to start all over again. The developer has asked to do a Revised Final Plat. Mr. O'Brien, developer of the project, said he has paid all impact and building permit fees. If construction doesn't begin by 4 June, the project is dead. He said the proposed revision would result in 18 fewer units. These would not be subsidized elderly housing since he cannot get financing for that type of development. Mr. Sheahan asked if there would be any legal problems if the whole process is not followed. Mr. Weith said there is no rigid definition of the process, so he didn't think so. Mr. Sheahan then said he would want comments from the Fire Chief regarding emergency protection. Mr. O'Brien said he would make an extra effort to have everything in order. Members agreed to have the Revised Final Plat hearing. 2. Public Hearing: Continued final plat application of South Burlington Realty Co. for construction of a planned residential development consisting of 92 multi -family units in 23 buildings on 27.6 acres of land, 201 Patchen Road: Mr. Jaeger noted the plan was first proposed in May, 1995 with 108 units in 27 buildings. The Commission had then expressed concern about density. At Preliminary Plat in December, the number of units was reduced, but there was no connection with Arbor Rd. which the Commission wants. The present plan calls for a reduction to 92 units in 23 buildings. Two buildings have been removed, one from the center island and one near the PLANNING COMMISSION 16 APRIL 1996 PAGE 2 larger retaining wall. This wall is now 4 ft. high instead of the originally proposed 16 ft. The road by the island has been widened by 3 feet. They have also moved mailboxes out of the public right-of-way and moved the sidewalk to conform with city regulations. The green space will now be between the sidewalk and the street. Some units have also been regraded to allow for walkout basements. 211r. Jaeger then reFTonded to the staff comment:. They agree to have the pedestrian pathway relocated to link up with Summer Woods and Patchen Place but they won'.t be building the path through the wetland. There is an existing footpath there. The Condo Association rules will prohibit on -site RV storage. They will also prohibit conversion of garages to living space. Trees shown in the city's right-of-way will be relocated. Mr. Austin asked the applicant to review the landscaping plan and the nature of proposed screening. Mr. Jaeger said nothing will be done to trees in the 50 ft. buffer zone. The stand of maples in the class 2 wetland won't be touched. Nothing in the wetland will be touched. Mr. Weith noted that sheet SP2 shows a little less than a 50 ft. buffer in one spot. Mr. Jaeger said that is true, but they will replant with white pines in that area. Mr. Austin asked to see the proximity of this development to Summer Woods. Mr. Jaeger showed a plan including Summer Woods. He said that no Summer Woods building would have its predominant exposure facing in the direction of this project. Mr. Austin asked if condo regulations would limit rental of units. Mr. Jaeger said he wasn't aware of any such plan. He stressed that they are not planning a high -density student housing project. Mr. Brush added that if you have more than 30% rental units, you can't get financing in today's market. Mr. Bridges then spoke on behalf of a group of neighbors and presented the Commission with a petition with 46 signatures indicating their specific objections to the project. The concerns include: Environmental: specifically the proximity to wetlands and runoff into the wetlands. Also concern for use of fertilizers and chemicals to make the soil fertile that would also end up in the wetland. Mr. Bridges said they have similar soil at Summer Woods and needed rain gutters to prevent erosion. In addition, melting snow will bring oil and hydraulic fluid into the wetland. PLANNING COMMISSION 16 APRIL 1996 PAGE 3 Retaining Wall: concern was expressed that this wall is on the boundary of the buffer zone. Construction of the wall will require disturbance of the buffer. A question was also raised as to the accuracy of the wetland delineation. Mr. Bridges recommended getting a second opinion on this. Residents are particularly concerned about disturbing the beaver habitat and the loss of other wildlife. There are some 100-200 year old trees that are also habitats for many species of birds. There is also some rare growth ("Bristly Crowfoot.") Mr. Bridges said they would like to see the number of units significantly reduced. Mr. Teeson said the State would review the wetlands issue in its Land Use process. Mr. Jaeger said they had a wetland delineation done by Countryman & Associates. They have also had experts on endangered species view the land. He reiterated that there will be a full review at the State level. Mr. Bannano raised concerns about density. He was concerned that the Commission granted an exception to the base maximum density in addition to a lot of other waivers, including the length of the private road, construction of the private road, distance between buildings, etc. He felt the impact of the runoff was due to the density. He said there is a question of the ability of subsoils to absorb runoff. In summer woods, there is a problem maintaining grass and trees because of the subsoils and they may have to replace all the topsoil. Mr. Bannano also expressed concern for what will happen during the construction of the project. The applicant is proposing phasing over several years and there may be open areas with significant soil erosion. Other issues raised included: the adequacy of the 6" water main, adequacy of the wetland to handle runoff, and adequacy of the road system and the impact on Patchen Rd. Mr Bannano noted this will be one of the largest condo developments in South Burlington. It is in an R-4 area, while most other large developments are in R-7 areas. It will have a non- standard road width and non-standard sidewalk. There is concern about snow being plowed onto the sidewalk. Mr. Bannano also noted that the City Engineer had recommended removal of the median strip. Neighbors agree with that as parking along the strip will create a bottleneck. Neighbors also do not see the value of connecting Catamount Drive to Arbor Drive. They would prefer to see it gated for emergency access only. Mr. Sheahan asked for details on the retaining walls. Mr. Jaeger said one wall will be 4 ft. high. The longer wall goes from 2 ft. high to a maximum of about 6 ft. high. The walls do PLANNING COMMISSION 16 APRIL 1996 PAGE 4 not encroach into the CO Zone. Mr. Crow asked for more details on the storm water management plan. Mr. Jaeger said the soil is erodible sand now. They will reduce the slope and reduce the chance for erosion. There will be a modest steady grade instead of a steep grade. There is a closed drainage system. Stormwater will be treated by a retention pond between the 2 wetland areas. They are now in the conditional use process with the state on this. Mr. Bridges noted that oil and other fuels go to the top and will go into the wetlands. He wanted to know if the state would allow that. Mr. Austin said the Commission needs to know that too. Mr. Fox asked if the retaining pond will be built before the buildings, and, if not, where runoff would go. Mr. Burgess asked how erosion would be handled during construction. Mr. Jaeger said they would use conventional means, hay bales, etc. They have to be inspected rigorously. He added that they typically finish the Stormwater system as early as possible, very early in the whole process. Mr. Austin asked if the entrance road would be built contemporaneous with the first building. Mr. Jaeger said he wasn't sure. He said the whole road wouldn't be built on day one. Mr. Burgess asked how may buildings would be done at one time. Mr. Giebink said probably about 300 ft. at a time, depending on sales. They are contemplating 5 phases at this time. Mr. Jaeger added that the main infrastructure would be done in 2 or 3 phases. Mr. Austin asked if the applicant is aware of the wildlife habitat. Mr. Jaeger said they are. There is a significant amount of wildlife. Countryman felt it was unlikely for the habitat to be damaged except in the building area. He stressed that nothing would be done to harm the beaver dam. Mr. Giebink added that there would be less impact on the land than at Summer Woods as the project is actually less dense than Summer Woods. Mr. Austin asked if the speed or volume of runoff from the property will increase. Mr. Jaeger said no, not for a 10-year storm. Mr. Austin asked if on -street parking will be prohibited. Mr. Jaeger said only in the 24 ft. street area (private street) which the Association controls. Mr Austin asked if the driveways are long enough to park a car. Mr. Jaeger said they are, and there are also 33 additional parking spaces around the development to meet the standard. Mr. Voland asked if there is an engineering standard for the holding pond He noted one on Kennedy Drive that hasn't functioned since it was washed out. Mr. Burgess said each one is PLANNING COMMISSION 16 APRIL 1996 PAGE 5 designed for its own area and approved by the City Engineer. They depend on the topography. There is a requirement that the Homeowners' Association maintain them. Mr. Voland asked what happens if they don't maintain them. Mr. Weith said the city can take them to Court for violation of their approval. Mr. Shield said that on Richard Terrace there is no sidewalk and he was concerned that children will be walking to school along what has become a "raceway." Ms. Lambert added that this is the path children would have to take to Chamberlin School. Ms. Lambert also asked the level of service at Kirby Rd. and White Street intersections with the project. Mr. Austin said it would be "B" before and after the project. Ms. Lambert noted that every town around South Burlington is putting a moratorium on housing and South Burlington is becoming the only place to build houses. She felt the city needs to look into this. She also questioned the allowance of the private road, saying that residents will be asking the city to take it over just as they did in the O'Brien development. Mr. Burgess said that hasn't been the city's experience in condo developments. Mr. Schuele of the Natural Resources Committee said that putting the retaining pond between the two wetlands was a horrible decision. The wetland is not the place to dump dirt. Mr. Halko expressed concern with 80 units in the diamond shaped cul de sac. He said people will park in the street. They do so at Summer Woods. He was also concerned with people backing into the median area. Ms. Lisman said they were told by the Summer Woods developer that no development would be allowed on this land because of the wetland. She acknowledged this was not the Commission's fault. She felt there was no value to the "no parking" on the private street as no one would enforce it. Mr. Bridges gave the Commission a letter from Mary Ann Athanas who could not be present at this meeting. She was concerned with the joining of Arbor Rd. with Catamount Dr. because it leads to an area where children are let off for the day care and where mailboxes are. Mr. Jaeger defended the project as being on the low end of the density scale. It will be phased in over several years. It will allow continued use of the natural site around the development. Mr. Sheahan felt some legitimate concerns had been raised. He asked about the connection of the 2 roads. Mr. Weith said this was an overall staff recommendation and a recommendation of the Public Works Director for plowing. It is in the city's plan and in the PLANNING COMMISSION 16 APRIL 1996 PAGE 6 subdivision regulations. It allows movement between developments without going onto Patchen Rd. He didn't feel people will cut through as it is not a direct route. Mr. Weith felt it would be hard to require a sidewalk to be built by this developer off -site on Richard Terrace. Mr. Austin asked if Mr. With had heard anything which changed his mind about allowing the enhanced density. Mr. Weith said he hadn't heard any evidence that Countryman was wrong. He felt the applicant did a good job of keeping out of the wetland, more than some other developments do. Mr. Crow asked the width on either side of the median. Mr. Jaeger said 15 on one side and 18 on the other. Mr. Weith asked if the end of the median would interfere with people getting out of building #3. Mr. Jaeger said they can shave it back a little to keep it out of the right-of-way. Mr. Austin asked if any other Commission members felt the project would better meet the conditions of 26.151 with one or 2 fewer buildings. He said he liked the idea of clustering but felt additional screening could help reduce the impact on Summer Woods. Mr. Giebink said they could put some evergreens on the Summer Woods property. Mr. Crow said he would be more comfortable with one fewer building. He said he had a concern with people backing out. Mr. Teeson said the configuration and density is driven by environmental concerns. He said there is no encroachment into the wetland and the applicant has maintained the 50 ft. buffer. He didn't feel anything had been brought forward to warrant decreasing the density. Mr. Sheahan agreed. Mr. Burgess said that given how density has been applied in other areas of the city, he didn't feel it should be changed in the last minute of a final hearing. He didn't think one or 2 fewer units would change much. Ms. Barone said she was concerned with people going the wrong way on the road out of building 4. Mr. Weith said there is not enough room for a U-turn. Mr. Beaudin suggested widening the "V". The applicant felt this could be done. Ms. Lambert suggested sending a note to the City Manager regarding the crossing of Patchen Road and the lack of a sidewalk on Richard Terrace. She felt these situations create a danger that the city needs to be aware of. PLANNING COMMISSION 16 APRIL 1996 PAGE 7 Mr. Sheahan moved the Planning Commission approve the final plat application of South Burlington Realty Company for construction of a planned residential development consisting of 92 multi -family units in 23 buildings on 27.76 acres of land, 201 Patchen Road, as depicted on a 13 page set of plans, page 1 entitled "Centennial Heights Patchen Rd So Burlington, VT, Subdivision Plat," prepared by Trudell Consulting Engineers, dated 1/25/96, subject to the following stipulations: 1. All previous approvals and stipulations which are not superseded b, this his approval shall remain in effect. 2. Prior to issuance of a zoning permit for the first building or start of utility or road construction, all appropriate legal documents including easements (e.g., irrevocable offer of dedication and warranty deed for the proposed public road, and utility, sewer, drainage water and pedestrian path, etc.) shall be submitted to the City Attorney for approval and recorded in the South Burlington land records. 3. Prior to start of construction of the improvements described in condition #2 above, the applicant shall post a bond which covers the cost of said improvements. 4. In accordance with Section 301.5 of the subdivision regulations, within 14 days of completion of required improvements (e.g., roads, water mains, sanitary sewers storm drains etc.) the developer shall submit to the City Engineer "as -built" construction drawings certified by a registered engineer. 5. The final plat plans shall be revised to show the changes listed below and shall require approval of the City Planner. Three copies of the approved revised plat shall be submitted to the City Planner prior to recording_ a) The subdivision plat and sheet SP1 shall be revised to show the pedestrian easement/trail connecting with the existing pedestrian easement on the adjoining Patchen Place property. b) Sheet SP2 shall be revised to show the street trees along the north side of the new City street relocated further from the sidewalk to ensure that these trees will not heave the sidewalk. c) The subdivision plat shall be revised to include lot numbers and acreages for the mailbox cluster lot and the lot to be developed with dwelling units. d. The subdivision plat shall be revised to include a note which clearly indicates that the mailbox cluster lot cannot be sold off for development. PLANNING COMMISSION 16 APRIL 1996 PAGE 8 e. All appropriate plans shall be revised to correct the spelling of Oueensbury Road. f. Sheets SPl, SP2 and SP3 shall be revised to provide a five foot grassed strip between the sidewalk and curb along the extension to Arbor Road unless otherwise approved by the City Engineer. g. The plans shall clearly indicate that the width of the private road shall be 24 feet. h. The median shall be moved out of the proposed city right-of-way. i. The plan shall be revised to allow adequate space for U-turns around the median. j more landscaping shall be added, along the sodthern,. propeYty line behind buildings 18-20. 6. The Planning Commission approves a sewer allocation of 35,225 gpd. The sewer allocation approval shall remain in effect for ten years from the date of final plat approval. Any buildings which have not been constructed within 10 years shall lose their allocation unless reapproved by the Planning Commission. The applicant shall be required to pay the Mr gallon fee prior to permit issuance. 7. Pursuant to Section 9.404 of the zoning regulations, the Planning Commission modifies the front yard setback requirement for buildings #1, 2 and 3 as shown on the approved 1p ans. 8. Pursuant to Section 26.152(b) of the zoning regulations, the Planning Commission approves a residential density of 92 units which is 16 units or 21 % more than the base maximum of 76 units. It is the Planning, Commission's opinion that this development satisfies the general standards listed in Section 26.151 of the zoning regulations and the sMific standards for a PRD in the R4 District. 9. The Planning Commission approves the encroachment in the C.O. District behind buildings #1 2 4, 5, 8 and 9 as provided under Section 3.50 of the zoning regulations. It is the Planning Commission's opinion that this encroachment will not significantly affect adversely the attributes provided in Section 3.503(a) - (e) of the zoning regulations. 10 The applicant shall construct the concrete retaining walls along the C.O. District boundary lines in such a manner that there is no disturbance of soil or vegetation within the C.O. District. PLANNING COMMISSION 16 APRIL 1996 PAGE 9 11. Prior to the issuance of a zoning permit for each building, the applicant shall submit a building elevation showing proposed grading, pre-existing grade and proposed building height. 12. As expressly represented by the applicant, the Homeowners Association documents shall prohibit the on -site storage and parking of recreational vehicles. In addition, the Homeowners Association documents shall prohibit garages from being converted to living space. The wording of these provisions shall be approved by the City Planner prior to issuance of the first zoning permit. No garages shall be converted to living space. 13. The applicant shall post a landscape bond in the amount of $63,555 ($46,140 for site landscaping and $17,415 for street trees). This bond shall remain in effect for three years to assure that the landscaping has taken root and has a good chance of surviving. 14. Snow removal and maintenance of the mailbox cluster shall be the responsibility of the Homeowners Association. This requirement shall also be reflected in the Homeowners Association documents. 15. The sewage pumping station and force main shall remain private. 16. Shop drawings of the sewage pumping station shall be reviewed and approved by the design engineer. This pumping station shall be maintained by the Homeowners Association. 17. The sanitary sewer lines shall be bedded in crushed stone only. 18. Any new exterior lighting or change in exterior lighting shall be approved by the City Planner prior to installation. 19. Any change to the plat shall require approval by the South Burlington Planning Commission. 20. The final plat plans shall be recorded in the land records within 90 days or this approval is null and void. The plan shall be signed by the Planning Commission Chair or Clerk prior to recordine. 21. The developer shall be responsible for posting "No Parking' signs, along both sides of the private road. Mr. Teeson seconded the motion which was then passed 5-2 with Messrs Austin and Crow voting against. PLANNING COMMISSION 12 December 1995 page 3 would cause unreasonable traffic burdens. Mr. Austin asked what is the worst intersection assuming improvements. Mr.. Dietrich said Swift/Spear which would be LOS "C" with Swift St. westbound being the worst ("C") and Spear. St. south at LOS "D". All approaches at Swift/Dorset would be LOS "B". Mr. Burgess asked if there are any intersections that would get worse as a result of this development. Mr. Dietrich said no, assuming the improvements are made. Mr.. Zoecklein said they are having a problem with who does what, also a question of whether Southeast Summit gets built at all. There is also a question of whether the light is needed if Southeast Summit does not get built. Mr. Teeson asked if there had been any analysis of impact if none of the project projects are built. Mr.. Dietrich said there had not. Mr. Teeson felt that might be helpful to know. Mr. Zoecklein said if they make improvements to areas that already have a problem, they would like some of their impact fees to help pay for those improvements. Mr.. Weith said the Impact Fee Ordinance says that impact fee money has to go to certain projects in the city. If improvements are made to one of those projects, impact fee money can be applied toward it. Mr.. Zoecklein said they don't want their project to have to pay for all improvements when there are other projects contributing to the traffic. Mr. Austin questioned whether the access with the cul de sac should be lined up with the golf course entrance. Mr. Marshall said only 5 houses are served by that access. Mr. Dietrich said he did not think it significant enough to have to line up. Mr. Kay questioned whether people would use the diagonal road instead of staying on Dorset St. Mr.. Dietrich said it is too curvy to be attractive. Mr. Kay then asked what the building of Swift St. Extension might mean. Mr.. Dietrich said it might eliminate the need for a left turn lane on Dorset/Old Cross Rd. Mr. Crow moved the application be continued until 19 December. Mr. Austin seconded. Motion passed unanimous) . 4. Public Hearing: Preliminary Plat Application of South Bur- lington Realty Company for construction of a planned residential development consisting of 100 multi -family units on 27.76 acres of land, 201 Patchen Road: Messrs. Austin and Crow stepped down during this hearing due PLANNING COMMISSION 12 December. 1995 page 4 to a conflict of interest. Mr. Jaeger reminded members that on 9 May they had presented a sketch plan for a slightly larger plan and had received gen- erally favorable comments. The number of units has been reduced from 108 to 100. They also worked on spacing, roadways, 2 access points and the need for public road, sidewalks, more parking (especially in common areas), infringement on wetland buffers, and the rec path continuation. Changes have been made to get more spacing. There is a dedicated area for car parking, and the number of buildings has been reduced from 27 to 25. They will stay out of the CO Zone and the setbacks. 26 parking spaces have been added in common areas. The roadway has been reconfigured to connect with Arbor Rd. There is a connection with a public road so that at no time will the roadway be blocked by a single vehicle accident on the road. The main project road would be the preferred entrance to the project, not the Arbor. Rd. access. The center island area has been revised and landscaping has been added. This could be a mini -center with a playground. The stormwater pond has been moved to the area between the 2 wetlands. Water can then soak out into the wetlands. Buildings 1, 2 and 3 do not meet the standard 30 ft. setback from a public street and they are requesting a waiver for those 3 buildings. Setbacks for those buildings are all greater than 20 ft. One corner of building #5 shows a very minor cut (4 ft.) into the 50 ft. wetland zone setback. This, they felt, was very minor and would not infringe on any function of the wetland. Traffic: At the White/Williston and Patchen/Williston inter- sections, the development would add only 1-2% of existing traffic; at Kirby/Patchen it would add 6-8% (2 cars in the peak hour). A full analysis of the Patchen/White intersection was done. Sidewalk/Pedestrian Paths: They proposed linkage of the rustic pedestrian Trail across the lower part of this property. This would enhance the value for education from the wetlands. They proposed to connect with neighbors on both sides. The developer will walk the area with members of the Recreation Path Committee to determine the best locations. PLANNING COMMISSION 12 December 1995 page 5 The development will be ringed with a sidewalk and there will also be a sidewalk out to Patchen Rd. and along the Patchen Rd. frontage. They suggested the sidewalk in front of the homes instead of in the ravine area. A fire hydrant will be added where recommended by the Fire Chief. Mr. Burgess asked about the 6" water. main. Mr.. Jaeger said they haven't had a chance to do tests yet. They won't have any dis- agreement with what is necessary to accommodate fire protection. The question of the City Engineer's recommendation for a 4 ft. grassed strip between the curb and sidewalk was raised. Mr. Jaeger said they can accommodate this on the public street. Members of the Commission were not concerned with the private street. Mr. Burgess felt the overflow parking area seemed wasted as it was so far away from the units. Mr. Jaeger said the covenants will not allow RV's. There will also be no dumpster.s. Mr. Beaudin noted the existence of retaining walls. Mr. Jaeger said they will be very substantial. He added they don't yet have the answer as to how they will be constructed. A resident noted that traffic at White/Patchen now backs up from Williston Rd. all the way to White St. in the morning and evenings now. Mr. Burgess said the Commission will require a level of service analysis for that intersection at Final Plat. Mr. Jaeger added that the project will be phased so the impact will not be felt all at once. Mr. Burgess said the Commission wants a full build -out study. Ms. Loveth was concerned with the wetlands and also with traffic on Arbor Rd. Mr.. Jaeger offered to answer her specific questions if Ms. Loveth will call him. Another resident suggested asking people in the existing homes if they want sidewalks. He said he didn't care one way or the other. Mr. Teeson asked if Arbor_ Rd. might be gated for emergency use only. Mr. Weith felt it should be kept open. Mr. Sheahan moved the Plannipa Commission approve the preliminar lat a lication of South Burlin ton Realt Com any for construction of a planned residential develo ment consistin of 100 multi-familv units on 27.76 acres of land, 201 Patchen Road, PLANNING COMMISSION 12 December 1995 page 6 as de icted on a 13- a e set of plans, paqe_.1 entitled "Randall G. Munson Patchen Rd., So. Burlin ton, VTj_Boundary Plat," re ared�b Trudell Consultinq En ineers dated November 18, 1994 sub'ect to the followin sti ulations: 1. All previous a2provals and sti ulations which are not su er- seded by this approval shall remain in effect. 2. Prior_ to issuance of a zoning permit for the first building or start of utility_or road construction, all a ro riate le al doc- uments (e.q, irrevocable offer of dedication and warranL-y deed for the ro osed ublic road and utility, sewer, drainage, water andedestrian path easement , etc.) shall be submitted to the Citv Attornev for approval and recorded in the South Burlinaton Land Records. 3. Prior to start of constructionof the improvements described in condition #2 above the a licant shall ost a bond which covers the cost of said improvements. 4. In accordance with Section 301.5 of the subdivision requla- tions within 14 da s of completion of re uired im rovements (e. roads,_water mains sanitar sewers, storm drains, etc.) the developer shall submit to the City En ineer "as -built" con- struction drawin s certified by a re ister_ed en ineer. 5. Theplans_ shall be revised rior to final plat submittal as follows • a) The final platshall show the edestrian trail located within a 20 foot wide easement. A note shall be added that the final location of the easement will be determined in the future when the trail is constructed. b) The final Plat shall show a edestrian trail connection to the Lam lou h ro ert and shall show the edestrian trail connectin2 with the existinq trail in the Summer Woods ro- c) Sheets SPl, SP2 and SP3 shall be revised to show the sidewalk alon the ro2osP-d__City street located one foot from the r.o.w. line as required under Exhibit A-1 of the subdivision r_e ulations. d) Sheets SP1, SP2 and SP3 shall be revised to show 283 feet of sidewalk alon the fr 1t of #209, 211, 215 and 219 Patchen Road in lieu of constructing a sidewalk alon the ro'ect frontage between #223 Patchen Road and the cemetery._ e) Sheets SPl, SP2 and SP3 shall show the mailbox cluster PLANNING COMMISSION 12 December 1995 page 7 located outside of the Cit r.o.w. f) The lan shall show a street name for +he�jp. osed new street. The boundar lat shall show metes and bounds information for the ro osed City street. h) Sheet SP3 shall be revised to relocate the fire h drant located at building #14 to the frontof building #17 and add one additional hvdr_ant in front of building #10. i) Sheet SP3 shall be revised to show the water main located within the rass stri (between the curb and sidewalk) and the water shutoffs located between the s'ewalic and the r.o.w. line. This applies only.to the pro2osed City -street. 6. The Planninq Commission approves a sewer allocation of 38,225 d. The sewer allocation-a,2LDroval shall remain in effect for ten years from the date of final lat a roval. Anv buildin s which have not been constructed within 10 ears shall lose their allocation unless reapj2roved b the Planninq_Commission. The applicant shall be required to pav the per Gallon fee prior to ermit issuance. 7. Pursuant to Section 9.404 of the zoninq re ulations, the Planning Commission modifies the front and setback requirement for buildin s #l, 2 and 3 as shown on the_Ap2j�ovedbans. 8. Pursuant to Section 26.152(b) of the zonin re ulationsthe Plannin--Commission a roves a residential density of 100 units. Io is the Planninq Commission's opinion that this development satisfies the eneral standards listed in Section 26.151 of the Zonina Regulations and the specific standards for a PRD in the R4 district. 9. The Planning Commission approves the encroachment of fill into the C.O. District behind buildin #5 as rovided under Section 3.50 of the zoninq regulations. It is the Plannin Commission's o inion that this encroachment will not si nificantl affect adversely the attributes provided in Section 3.503(a)-(e) of the Zonin Re ulations. 10. The a licant shall construct the concrete LIZ- al-2az the C.O. District boundary lines in such a manner that there is no disturbance of soil or vegetation within the C.O. District. 11. The final plat submittal shall include an LOS analysis of the White Street Patchen Road intersection. PLANNING COMMISSION 12 December 1995 page 8 12. As ex ressl represented b the a2plicant, the Homeowners Association documents shall prohibit the on -site 77stora e and 2arkinq of recreational vehicles. In addition the Homeowners Associatiion documents shall rohibit ara es from bein converted to livin s ace. The wordin.g of theserovisions shall be approved by the Citv Planner prior to issuance of the first zoning permit. 13. The applicant shall post a landscape bond in the amount of $64 915 ($47 500 for site landscapinq and $17 415 for street trees). This bond shall remain in effect for three ears to assure that the landscaping has taken root and_has_a good chance of surviving. 14. The Planning Commission grants a landscapinq cred for the site trees which will remain undisturbed._ 15. Snow removal and maintenance of the mailbox cluster shall be the responsibility of the Homeowners Association. This re uirement shall also be reflected in the Homeowners Association documents. 16. Prior_ to final plat submittal, a_flow test of the water main on Patchen^Road shall be taken to determine whether the water supply is ade uate for fire 2rotection. The determination as to whether adeauate water supply is available shall be made b� the City Enqineer. 17. The sewa e pumping station and force main shall remain private. 18. The final lat-application shall be submitted within 12 months or this r_eliminar lat a roval is null and void. Mr. Teeson seconded. The motion pp,ssed 5-0. Messrs. Austin and Crow rejoined the Commission. Mr. Teeson left the meeting at this time. 5. Site Plan application of Brad Rabinowitz to convert a 7,965 sq. ft. building from cellular telephone sales and service use to general office use, 3 Baldwin Avenue: Mr. Rabinowitz said they have fit 29 parking spaces on the property instead of the 32 required. Mr. Rabinowitz questioned the traffic impact fee. Mr. Weith said it is based on additional traffic. Mr.. Burgess added that this use generates more traffic than is allowed in the overlay PLANNING COMMISSION 9 May 1995 page 11 the name of the current owner of 2 Holmes Road. b. The site plan shall be revised to show the location of proposed landscaping and a plantin2_schedule which -shall include the species, quantity and size of the plantiin material. c. The site plan shall be revised_ to show the 56 parking ,Laces required for customers and employees . 3. The northerly access to the 1485 Shelburne WRoad_ roperty__shall be signed for exit-_inq vehicles_ only. 4. The Planning Commission, pursuant to Section 26.103(a) of the Zoning Regulations, specifically approves _a_ -second driveway for the 2 Holmes Road =eerty. 5. Prior to start of construction of the proposed access road the applicant shall be responsible for the fol_lowin: 1)Wsubmit legal documents for the proposed 25 foot r.o.w. across 2 Holmes Road property for review and a roval b the Cit Attorne , 2) record the approved ley al documents in the South Burlin ton Land Records, and_3 ) revise the site plan to sho_wme_te_s_ and_ informati_on for the proposed 25 ft. r.o.w. ounds 6. The applicant shall post a $420 landscape bond prior to is- suance of a zoninq permit. The bond shall remain in effect for three ears to assure that the landscapinq takes root and has a good chance of surviving. 7. Any new exterior li htin shall consist of downcastinq shielded fixtures so as not to cast light beyond the property line. An chan e in existin or ro osed li htin shall be a - proved by the City Planner prior to installation. 8. The applicant shall obtain a zoning permit for the addition within six months or this approval is nulland void. The appli- cant shall start the construction of the ro osed driveway within six months or this approval is null and void. 9. The applicant shall obtain a Certificate of Occupancy/Compli- ance from the Administrative Officer prior to use of the addition. 10. An chan e to the site plan shall require approval by the_ South Burl in ton Planninq Commission. Mr. Teeson seconded. Motion passed unanimously. 9. Sketch plan application of South Burlington Realty for a planned unit development consisting of 108 multi -family dwelling units in 27 buildings on 27.76 acres, 201 Patchen Road: PLANNING COMMISSION 9 May 1995 page 12 Mr. Austin stepped down due to a conflict of interest. Mr. �0.eger said the property is owned by Randall Munson and there is a Joint development agreement with Green Mountain Development (Charlie Brush). There would be 108 units in 27 buildings with attached garages. It would be similar to Red Rocks Development. Thetand is uneven and interspersed with wetlands. Almost all uni s would face out to wooded areas. The 4 center buildings would face a courtyard. There is a question about the 2 forms of access. Mr. Aa eger noted that Arbor Rd. was left for an access He said tney are not opposed to connecting to this but are not necessarily going to do it. They want two roads and hope to arrange it so they don't have to use a piece of the same road twice. From Arbor Rd. to this property and out to Patchen Rd. would be a public road. The rest would be private on this applicant's property. There are natural trails on the property and they would comply with the request to attach to the recreation path. They agree with the Fire Chief's recommendations except for the 30 ft. between buildings. The Chief is willing to discuss this. The applicant said they will have a solution that meets the Chief's approval. The biggest problems are class 2 & 3 wetlands. The plan shows a 50 ft. buffer to the class 2 wetlands. They don't intend to infringe on those buffers and won't cut or fill in wetlands. They do propose a modest amount of cutting in a class 3 wetland. They will remove the top 10 or 15 ft. of one bank. They feel it won't impair functioning of the wetland and are willing to demon- strate this. Mr. Burgess told the applicant not to assume the Commission won't enforce the CO -Zone. The land is zoned R-4. Staff opinion is that base density is 76. Increase up to a maximum density of 111 depends on how certain criteria are addressed. Mr. 3QEger felt they do comply with the mix of housing and relative affordability (Starting in the $110,000 price range). A 3-4 year buildout is anticipated. Mr. Crow questioned school capacity. Mr. Weith said he would discuss it with the schools. Mr. Tggger noted they don't show enough parking but will work on it. They don't want one big lot but are looking for several smaller lot locations. Mr. Burgess noted they could remove a PLANNING COMMISSION 9 May 1995 page 13 building. Mr. Weith noted they need 20 ft. driveways and there is also a requirement for storage of recreational vehicles. Mr. Brush said they plan to have a stipulation in their agreements that recrea- tion vehciles are not allowed. Mr. Burgess noted there may be a problem with the turning radii for fire vehicles. Issues to be considered include: parking, length of driveways, wetland buffers, building heights, Fire Dept. concerns. Mr. Teeson noted that shared access to buildings 10, 11, 12, 13, and 14 might affect parking. Ms. Budd of the Recreation Path Committee asked if there will be a sidewalk in the development. Mr. ,aeger said there would. She also asked for a connection between Summer Woods and this devel- opment to accommodate pedestrians and bikes. As there was no further business to come before the Commission, the meeting adjourned at 10:45 pm. Clerk M E M O R A N D U M To: South Burlington Planning Commission From: Joe Weith, City Planner Re: December 12, 1995 agenda items Date: December 8, 1995 3) UP GOLFCO, INC. - GOLF COURSE/RESIDENTIAL PRD - PRELIMINARY PLAT This project was continued from the November 28, 1995 meeting. See enclosed staff's November 14, 1995 memo. I believe the applicant will have his traffic consultant present at Tuesday's meeting to discuss the traffic impact analysis. A copy of the traffic report was distributed to the Commission in the previous meeting packet. 4) SOUTH BURLINGTON REALTY COMPANY - 100 UNIT PRD - PRELIMINARY PLAT This project consists of the construction of 100 multi -family residential units in 25 buildings on 27.76 acres. The sketch plan was reviewed on 5/9/95 (minutes enclosed). This property located at 201 Patchen Road lies within the R4 and C.O. Districts. It is bounded on the south by a single family residence and the Summer Woods residential development, on the north by the Patchen Place residential development and a cemetery, on the west by undeveloped property and on the east by single family residences and Patchen Road. Access: Access will be via a new 30 foot paved street off Patchen Road and a connection to Arbor Road. The portion of the street from Patchen Road to and including the Arbor Road connection will be constructed to City standards and will become a City street. The portion of the road which lies westerly of the intersection with Arbor Road is a "loop road" cul-de-sac and will remain a private street. The cul-de-sac portion provides access to 88 units which is 38 units more than permitted under Section 401.1(g) of the subdivision regulations. The applicant is proposing a median for the first 100 feet of the private street as a safety measure since this is the only portion of the street that will have only one (1) access. This concept was approved by the Commission Memorandum - Planning December 12, 1995 agenda items December 8, 1995 Page 2 for the residential portion of the L&M Park project on Shelburne Road. Coverage/setbacks: Building coverage is 9.8% (maximum allowed is 20%). Overall coverage is 18.3% (maximum allowed is 40%).� Buildings #1, 2 and 3 do not meet the 30 foot front yard setback `> from the proposed street r.o.w.� Density: Staff has determined that 76 units is the base maximum density as calculated under Section 26.152(a) of the zoning regulations. The proposal is for 100 units which is 24 units or 31.6% more than the base maximum. Section 26.152(b) of the zoning regulations allows the Planning Commission to permit density increases up to the normal maximum per district according to the degree to which the development satisfies the general standards listed in Section 26.151 and the specific standards for a PUD or PRD in a given district. The normal maximum for this project is 111 units (i.e., 27.76 acres x 4 units/acre = 111 units). The applicant has submitted a report addressing the criteria in 26.151 (see enclosed). It is staff's opinion that the project as designed promotes the P.U.D. criteria to a high degree. Wetlands: A significant portion of the site is wetland and wetland buffer area. These areas constitute the C.O. District on the property. Since sketch plan review, plans have been revised to relocate all of the buildings which were encroaching into the C.O. zone outside of the C.O. zone. The Natural Resources Committee reviewed these plans and submitted comments (see enclosed). The only encroachment proposed is some filling at the rear of building' #5. This encroachment is permitted by the Planning Commission if\�pilh the encroachment will not significantly adversely affect the 10 attributes provided in Section 3.503 (a) - (e) of the zoning regulations. Sewer: The sewer allocation requested is 38,225 gpd. The applicant should be aware that the policy of the Commission has been to grant allocation for a 10 year period. Any portion of the project not developed within this time period would require reapproval for sewer allocation. Traffic: The applicant has submitted a traffic impact analysis (see enclosed) which concludes that this project will have a negligible impact at the study intersections except for the White Street/Patchen Road intersection. The study recommends that the Pa Memorandum - Planning December 12, 1995 agenda items December 8, 1995 Page 3 a`7 LOS be checked at the White Street/Patchen Road intersection. Staff concurs that a LOS analysis be conducted for this intersection. Pedestrian path: A pedestrian path is proposed which would connect this property with the Summer Woods project on the south and with the Patchen Place project to the north. The Recreation Path Committee reviewed these plans and submitted comments (see enclosed). The final plat should show the pedestrian trail within a 20 foot wide easement. A note should be added that the final location of the easement will be determined in the future when the trail is constructed. This trail should connect with the existing trail on the Summer Woods property. Applicant should show a pedestrian trail connection to the Lamplough property. Parking: This project requires 225 parking spaces and 226 spaces and two (2) bike racks are being provided. Section 26.253(c) of the zoning regulations requires that parking or storage of recreational vehicles be provided. The applicant has indicated that the Homeowners Association documents will prohibit the on -site storage and parking of these vehicles. As has been done in the past, the Homeowners Association documents should include a provision that prohibits garages from being converted to living space. Landscaping: The minimum landscaping requirement, based on building costs, is $47,500 which is not being met. Landscaping proposed is $7500 short of the requirement. Plantings will include Sugar Maple, Serviceberry, Burning Bush, Crabapple, Mugo Pine, Yew, Arborvitae and Viburnum. Staff suggests that a $7,500 credit be granted since a number of trees will be left untouched. The street trees have an estimated value of $17,415. The combined landscaping value for site and street trees is $64,915. Building height: The applicant has submitted a typical building elevation for the "worst case" situation which indicates that the maximum building height will be 31.5' above average pre - construction grade. The maximum height allowed is 40 feet. Sidewalk: Sidewalks will be provided along the proposed streets (public and private) and along the property's frontage with Patchen Road. The sidewalk along the proposed City street should be placed one (1) foot from the r.o.w. line as required under Exhibit A-1 of the subdivision regulations. The Public Works Superintendent recommends that in lieu of the applicant constructing 283 feet of 3 Memorandum - Planning December 12, 1995 agenda items December 8, 1995 Page 4 sidewalk along the property's frontage with Patchen Road (between #223 Patchen Road and the cemetery) that 283 feet of sidewalk be constructed along the front of #209, 211, 215 and 219 Patchen Road. The area north of #223 Patchen Road has steep banks making it difficult to construct a sidewalk along this portion of the road. Staff concurs with this recommendation. Lighting: Exterior lighting will consist of the following: --- one (1) 60 watt incandescent lamp with lantern style fixture located on each porch. --- three (3) street lights (two (2) in the City street and one (1) in the private street). Size of Dwelling Units: The size of the dwelling units will be 1090 square feet, 1140 square feet and 1300 square feet. This is in compliance with Section 25.114 of the zoning regulations which requires a minimum of 425 square feet per unit for a multi -family structure. Mailbox cluster: The mailbox cluster is proposed to be located within the r.o.w. for the proposed public street. It is City `,Vl, policy to locate the mailbox cluster outside of the City r.o.w. for ,4jj"\ liability reasons. Applicant should find another suitable location for the mailbox cluster which is located outside the City r.o.w. Legal documents: The applicant should submit for review and approval by the City Attorney all appropriate legal documents including easements (e.g., irrevocable offer of dedication and warranty deed for proposed public road, and pedestrian trail easement). Other: --- no dumpsters will be used --- applicant should submit proposed street name --- the final plat should include the metes and bounds information for the proposed City street. 4 Memorandum - Planning March 12, 1996 agenda items March 8, 1996 Page 4 Other: --- no dumpsters will be used. --- the plans should be revised to indicate the zoning boundaries. 5) SOUTH BURLINGTON REALTY COMPANY - 92 UNIT PRD - DISCUSSION This project consists of the construction of 92 multi -family units in 23 buildings on 27.76 acres. The preliminary plat approved on 12/12/95 (minutes enclosed) was for 100 units in 25 buildings. This property located at 201 Patchen Road lies within the R4 and C.O. Districts. It is bounded on the south by a single family residence and the Summer Woods residential development, on the north by the Patchen Place residential development and a cemetery, on the west by undeveloped property and on the east by single family residences and Patchen Road. Access: Access will be via a new 30 foot paved street off Patchen Road and a connection to Arbor Road. The portion of the street from Patchen Road to and including the Arbor Road connection will be constructed to City standards and will become a City street. The portion of the road which lies westerly of the intersection with Arbor Road is a "loop road" cul-de-sac and will remain a private street. The cul-de-sac portion provides access to 80 units which is 30 units more than permitted under Section 401.1(g) of the subdivision regulations. The applicant is proposing a median for the first 100 feet of the private street as a safety measure since this is the only portion of the street that will have only one (1) access. This concept was approved by the Commission for the residential portion of the L&M Park project on Shelburne Road. Coveraqe/setbacks: Building coverage is 9.0% (maximum allowed is 20%). Overall coverage is 17.21% (maximum allowed is 40%). Buildings #1,2 and 3 do not meet the 30 foot front yard setback from the proposed street r.o.w. The Commission modified the front yard setback for these buildings at preliminary plat. Density: Staff determined that 76 units is the base maximum density as calculated under Section 26.152(a) of the zoning regulations. The proposal is for 92 units which is 16 units or 21% 4 Memorandum - Planning March 12, 1996 agenda items March 8, 1996 Page 5 more than the base maximum. Section 26.152(b) of the zoning regulations allows the Planning Commission to permit density increases up to the normal maximum per district according to the degree to which the development satisfies the general standards listed in Section 26.151 and the specific standards for a PUD or PRD in a given district. The normal maximum for this project is 111 units (i.e., 27.76 acres x 4 units/acre = Ill units). The applicant has submitted a report addressing the criteria in 26.151. It was staff's opinion that the project as designed promotes the P.U.D. criteria to a high degree. The Commission approved 100 units as part of preliminary plat approval. Wetlands: A significant portion of the site is wetland and wetland buffer area. These areas constitute the C.O. District on the property. The only encroachment shown on the preliminary plat was some cutting at the rear of building #5. This encroachment was approved by the Planning Commission as part of preliminary plat approval. The final plat plan proposes additional encroachment into the C.O. District behind buildings #1, 2, 8 and 9 in the form of cutting. This encroachment is permitted by the Planning Commission if the encroachment will not significantly adversely affect the attributes provided in Section 3.503 (a) - (e) of the zoning regulations. Sewer: The sewer allocation requested is 35,225 gpd. The applicant should be aware that the policy of the Commission has been to grant allocation for a 10 year period. Any portion of the project not developed within this time period would require reapproval for sewer allocation. Traffic: The applicant has submitted a traffic impact analysis which concludes that this project will have a negligible impact at the study intersections except for the White Street/Patchen Road intersection. The study recommended that the LOS be checked at the White Street/Patchen Road intersection and this was made a condition of preliminary plat approval. The applicant has submitted this study which indicates a LOS of "B" for the Patchen Road/White Street intersection, both before and after the addition of the project traffic (see enclosed). Pedestrian path: A pedestrian path is proposed which would connect this property with the Summer Woods project on the south and with the Patchen Place project to the north. The Recreation Path Committee reviewed these plans and submitted comments. The final plat shows the pedestrian trail within a 20 foot wide easement. A 5 Memorandum - Planning March 12, 1996 agenda items March 8, 1996 Page 6 note has been added that the final location of the easement will be determined in the future when the trail is constructed. This trail connects with the existing trail on the Summer Woods property and a pedestrian trail connection to the Lamplough property. Legal documents will need to be recorded prior to issuance of a permit. Parking: This project requires 207 parking spaces and 215 spaces and two (2) bike racks are being provided. Section 26.253(c) of the zoning regulations requires that parking or storage of recreational vehicles be provided. The applicant has indicated that the Homeowners Association documents will prohibit the on -site storage and parking of these vehicles. As has been done in the past, the Homeowners Association documents should include a provision that prohibits garages from being converted to living space. These should be reviewed by the City Attorney prior to recording. Landscaping: The minimum landscaping requirement, based on building costs, is $44,300 which is not being met. Landscaping proposed is $1840 short of the requirement. Plantings will include Sugar Maple, Serviceberry, Burning Bush, Crabapple, Mugo Pine, Yew, Arborvitae and Viburnum. Staff suggests that a $1840 credit be granted since a number of trees will be left untouched. The street trees have an estimated value of $17,415. The combined landscaping value for site and street trees is $61,715. Staff recommends that the street trees along the north side of the new City street be relocated further from the sidewalk because the type of tree proposed has a tendency to heave sidewalks. Building height: The applicant submitted a typical building elevation for the "worst case" situation which indicates that the maximum building height will be 31.5' above average pre - construction grade. The maximum height allowed is 40 feet. The applicant should submit, prior to permit issuance for each building, a building elevation which includes the pre-existing grade, the proposed grade and the proposed building height. Sidewalk: Sidewalks will be provided along the proposed streets (public and private) and along the property's frontage with Patchen Road. The sidewalk along the proposed City street will be placed one (1) foot from the r.o.w. line as required under Exhibit A-1 of the subdivision regulations. The final plat plan is in conformance with a preliminary plat condition that in lieu of the applicant constructing 283 feet of sidewalk along the property's frontage with Patchen Road (between #223 Patchen Road and the cemetery) that 0 Memorandum - Planning March 12, 1996 agenda items March 8, 1996 Page 7 283 feet of sidewalk be constructed along the front of #209, 211, 215 and 219 Patchen Road. Lighting: Exterior lighting will consist of the following: --- one (1) 60 watt incandescent lamp with lantern style fixture located on each porch. --- three (3) street lights (two (2) in the City street and one (1) in the private street). Size of Dwelling Units: The size of the dwelling units will be 1090 square feet, 1140 square feet and 1300 square feet. This is in compliance with Section 25.114 of the zoning regulations which requires a minimum of 425 square feet per unit for a multi -family structure. Mailbox cluster: The mailbox cluster has been relocated outside of the City r.o.w. as stipulated under preliminary plat approval. Homeowner's Association will be responsible for maintaining the mailbox cluster. Legal documents: The applicant should submit for review and approval by the City Attorney all appropriate legal documents including easements (e.g., irrevocable offer of dedication and warranty deed for proposed public road, and pedestrian trail easement). Other: --- no dumpsters will be used --- the lot for the mailbox cluster and the lot which will be developed with buildings should each be numbered and acreage for each lot indicated on the plat. --- the plat should be revised to include a note which clearly indicates that the mailbox cluster lot and the lot to be developed are to be treated as one (1) lot and that the mailbox cluster lot can not be sold off for development. --- correct the spelling of Queensbury Road on all plans. 7 MEMORANDUM TO: South Burlington Planning Commission FROM: Joe Weith, City Planner RE: April 16, 1996 Agenda Items DATE: April 12, 1996 1) SOUTH BURLINGTON REALTY - 92 UNIT PRD - DISCUSSION The following information regarding this project is enclosed: a) My memos to the Commission dated 3/8/96 and 3/22/96. b) Minutes of the 3/12/96 meeting when this project was last discussed. c) Letter from adjacent Summerwoods residents expressing several concerns. d) Letter from Superintendent of Schools Bruce Chattman indicating that there is sufficient capacity to accommodate this development. In addition to the above referenced information, the applicant has conducted waterflow tests as requested by the City Engineer. The tests indicate adequate flows to accommodate this development. 2) ZONING AMENDMENT REQUEST - Cl DISTRICT - TRUCK/TRAILER RENTAL Paul Cassarino of U-Haul has requested that the Planning Commission consider amending the zoning regulations to allow truck and trailer rental use in the Commercial 1 district (see enclosed letter). Currently, this type of use is not allowed. Enclosed is a letter from Bill Burgess to the Zoning Board dated 5/17/95 regarding this exact issue. Last year, the Commission discussed this issue at the request of the zoning board. As indicated in the letter, the Commission recommended against allowing truck/trailer rental in the C1 district. Basically, the Cl district is intended to serve as or enhance a compact business district. It encourages primarily office, retail, and restaurant uses. Uses which tend to require larger lots, or which involve large amounts of outdoor display and storage of merchandise tend to be incompatible with a compact business district. Therefore, such uses are more appropriate for areas located further out from the core business districts. 1 M E M O R A N D U M To: South Burlington Planning Commission From: Joe Weith, South Burlington City Planner Re: March 26, 1996 Agenda Items Date: March 22, 1996 2) WRIGHT MORRISSEY, INC. - EXPAND OFFICE BUILDING - REVISED FINAL PT.ArP This item was continued from the March 12, 1996 meeting. Staff's March 12, 1996 memo is enclosed for your review. 3) SOUTH BURLINGTON REALTY COMPANY - PHASE V MEADOWBROOK CONDOS - REVISED FINAL PLAT This item was continued from the March 12, 1996 meeting. Staff's March 12, 1996 memo is enclosed for your review. The only issue of concern expressed by the Commission was that of landscaping. The Commission asked the applicant to submit a landscaping plan showing which of the existing mature trees the applicant would preserve on the site. The Commission also wanted to assure a significant landscape buffer along the perimeter in order to screen this development from the country club and high school. The applicant will be presenting a landscape plan at the meeting. 4) SOUTH BURLINGTON REALTY COMPANY - 92 UNIT PRD - FINAL PLAT This item was continued from the March 12, 1996 meeting. Staff's March 12, 1996 memo is enclosed for your review. At the last meeting, the Planning Commission asked staff to make a recommendation regarding the construction of a sidewalk along Patchen Road in front of the four existing residences on Patchen Road. I have reviewed this issue with the City Engineer and Public Works Director and staff continues to strongly recommend construction of the sidewalk. The Comprehensive Plan encourages Zthe construction of sidewalks in both the Transportation and School Chapters. Patchen Road is a very busy street going through a residential district. 1 Memorandum - Planning March 26, 1996 agenda items March 22, 1996 Page 2 There should be sidewalks along both sides in order to provide safe access to Jaycee Park and Chamberlain School. 5) PUBLIC HEARING - 1996 COMPREHENSIVE PLAN Enclosed is the proposed 1996 South Burlington Comprehensive Plan. I will be prepared to present the plan to the public using overheads, maps, dancing girls and guys, and a marching band. There are several items in the plan which will require an amendment prior to City Council approval. These include the following: a) Maps - the comprehensive plan maps are still being developed by CCRPC on GIS . I am hoping to have 6 of the 7 maps available at the meeting next Tuesday for review and approval. The seventh map, and the reduced versions to be included in the plan, will need to be formally reviewed by the Commission at a later date prior to the Council's final public hearing. b) Appendix D - Plan Consistency - this appendix compares the City's future land use with those of abutting municipalities. Enclosed is an updated version which should be approved as an amendment at Tuesday's meeting. c) Appendix C - Tables 3 and 4 - these tables list the Winooski Valley Park District's land holdings and five year development plan. I should have an updated version available at Tuesday's meeting. 2 MUNSON EARTH -MOVING CORP. 366 CORSETSTRF_FT- SOUTH BURLINGTON. vBA�ai�ryTJS �C3 '. ELEPF tGN^ 863-6391 PHONE NUMBER: (802) 863--6392 FAX NUMBER: (802) 863-6395 TELECOPZER COVER SHEET PLEASE DELIVER THE FO�LCWI:JG PAGE (S) ; O : NAME: FIRM: TELECOPIER NO. ------ DATE: I TIME: TOTAL NUMBER OF PAGES (2 nCluding Cover Shoe t i FROM: C� ORIGINAL TO BE MAILED: Y*.S NO IF YOU DO NOT RECEIVE ALL THE PAGES, P L- :, TRANSMITTED BY: COMMENTS: SEWER W-t.'e, 294.97 . . . . . . . . . . . ... n) v = 2s5 00 7 2A 296.0 41'40'T)' T50.()()' 09, SS 160 ,fAM rim-397 49 w P1 4z 413 rim-39 4 7 VA L VF & V ;�n Y. 29t HYVqANT '35 PVC SE A ?'IC ri Am- 93�35 NN Fie, C.B.c0 R : 250. OfY 63. 26' -41c, 160.74' r) C- 19+ S�R 35 vvt; �)LVWR Jr. 92� 14 1) 282,40 C.B. 5 KR , 'AM-"�-189J- -3,5 2996 T- 3t 2895 ............... I L Ilk. 1.11,; 1:03 f Lh t Z L---j L- 4Q for) n 45.48' 1 0 105 48' 1 AJAILBOX CLUSTER .61 rki 5, -, AU 4 Sj11f7S South Burlington Realty Company 366 Dorset Street South Burlington, Vermont 05!t-03 (802) 863-9039 January 8, 1997 Mr. Raymond J. Belair South Burlington Planning & Zoning 575 Dorset Street South Burlington, VT 05403 Re: Cedar Ridge Townhomes Dear Ray: Enclosed are draft copies of the following: - Roadway deed and irrevocable offer, and transfer return. - Pedestrian path easement deed and irrevocable offer, and transfer return. - Declaration of Condominium. I trust you will forward these to Steve Stitzel and let me know as soon as you have his comments. If Steve wishes to contact me or Phil Liytpn directly, I would invite him to do so. /11 Jaeger enclosures Prime Keal Estate — Commercial, Residential, Industrial Development Design, Build, Lease, Consulting IRREVOCABLE OFFER OF DEDICATION FOR ROADWAY WARRANTY DEED AGREEMENT MADE by and between RANDALL G. MUNSON, of Stowe, County of Lamoille, and State of Vermont, hereinafter referred to as "Owner," and the CITY OF SOUTH BURLINGTON, a Vermont municipal corporation, hereinafter referred to as "Municipality." WITNESSETH: WHEREAS, on May 7, 1996, the Municipality's Planning Commission approved a final plat entitled "Cedar Ridge Townhomes, Patchen Road, South Burlington, Vt., Subdivision Plat", prepared by Trudell Consulting Engineers, Inc. dated May 9, 1996, and recorded at Map Book 386, Page 46 of the City of South Burlington Land Records; WHEREAS, the final approval of the Planning Commission contains a condition that the Owner convey to Municipality a warranty deed for a roadway to be used by the Municipality, as depicted on the final plat; and WHEREAS, the above -described roadway path warranty deed is to be dedicated to the Municipality free and clear of all encumbrances which would prohibit the use of the said roadway for public purposes, pursuant to said final approval and final plat; and WHEREAS, the Owner is delivering to the Municipality an appropriate deed of conveyance for the above -described roadway. NOW, THEREFORE, in consideration of the final approval of the Municipality's Planning Commission and for other good and valuable consideration, it is covenanted and agreed as follows: 1. The Owner delivers to the Municipality a deed of conveyance, a copy of which is attached hereto as "Exhibit A", said delivery constituting a formal offer of dedication to the Municipality. 2. The Owner agrees that said formal Offer of Dedication is irrevocable and can be accepted by the Municipality in whole or in part at any time. 3. This Irrevocable Offer of Dedication shall run with the land and shall be binding upon all assigns, grantees, successors, and/or heirs of the Owner. 1 Dated at , Vermont this day of , 1997. IN THE PRESENCE OF: Randall G. Munson STATE OF VERMONT COUNTY OF CHITTENDEN, SS. BEFORE ME, the undersigned authority, personally appeared RANDALL G. MUNSON, to me known, and he acknowledged this instrument by him sealed and subscribed, to be his free act and deed. DATED this day of , 1997. NOTARY PUBLIC My commission expires: 210/99 CITY OF SOUTH BURLINGTON am STATE OF VERMONT COUNTY OF CHITTENDEN, SS. Its duly authorized agent BEFORE ME, the undersigned authority, personally appeared , as a duly authorized agent of the CITY OF SOUTH BURLINGTON, to me known, and he acknowledged this instrument by him sealed and subscribed, to be his free act and deed and the free act and deed of the CITY OF SOUTH BURLINGTON. offer.wd DATED this day of , 1997. NOTARY PUBLIC My commission expires: 2/10/99 la EXHIBIT A WARRANTY DEED KNOW ALL PERSONS BY THESE PRESENTS: That RANDALL G. MUNSON, of Stowe, County of Lamoille, State of Vermont, GRANTOR, in consideration of Ten and More Dollars paid to his full satisfaction by CITY OF SOUTH BURLINGTON, a municipal corporation with a place of business in South Burlington, County of Chittenden, State of Vermont, GRANTEE, by these presents does freely GIVE, GRANT, SELL, CONVEY, and CONFIRM unto the said GRANTEE, CITY OF SOUTH BURLINGTON, and its successors and assigns forever, a certain piece of land situated in the City of South Burlington, County of Chittenden, State of Vermont, described as follows, viz: Being a portion of the same lands and premises conveyed to Randall G. Munson by Warranty Deed of Munson Earth Moving Corporation, dated March 23, 1976, recorded at Volume 126, Pages 396- 398 of the City of South Burlington Land Records and further described as follows: Beginning at a point marked by a concrete monument to be set on the westerly side of Patchen Road, so-called, which point also marks the northeasterly corner of lands now or formerly owned by Summer Woods Associates, Inc; thence proceeding in a westerly direction N82028'24"W a distance of 259.73 feet, more or less, to a point marked by a concrete monument to be set; thence proceeding on a curve to the right having a radius of 231.00 feet for a distance of 120.00 feet, more or less, to a point marked by a concrete monument to be set; thence proceeding N52042'21"W a distance of 40.08 feet, more or less, to a point marked by a concrete monument to be set; thence turning to the left and proceeding S38024'53"W a distance of 51.82 feet, more or less, to a point marked by a concrete monument be to set; thence turning to the left and proceeding S07°20'17"W a distance of 5.91 feet, more or less, to a point marked by an iron pipe; thence turning to the right and proceeding N82° 16'43"W a distance of 60.00 feet, more or less across Arbor Road, so- called, to a point marked by an iron pipe; thence turning to the right and proceeding N07°20'17"E a distance of 22.20 feet, more or less, to a point marked by a concrete monument to be set; thence turning to the right and proceeding S38024'53"W a distance of 127.33 feet, more or less, to a point marked by a concrete monument to be set; thence turning right and proceeding S52°42'21"E a distance of 98.92 feet, more or less, to a point marked b- a concrete monument to be set; thence proceeding on a curve to the right having a radius of 171.00 feet for a distance of 88.84 feet, more or less, to a point marked by a concrete monument to be set; thence proceeding S82°28'24"E a distance of 259.74 feet, more or less, to a point marked by a concrete monument to be set; thence turning to the right and proceeding along the westerly side of Patchen Road, so- called, S07°32'08"W a distance of 60.00 feet, more or less to the point or place of beginning. The premises shall include and these presence shall constitute a bill of sale for all water lines and facilities, sewer lines and facilities, and storm drainage lines and facilities located within the premises except a sewer force main running in a generally easterly direction from a sewer main connected to a sewer pump station northerly of the premises to a sewer main owned by GRANTEE within Patchen Road. GRANTOR excepts herefrom and reserves for himself and his heirs and assigns the right to install, construct, operate, use, maintain, repair and replace said sewer main in locations to be agreed upon by the parties. GRANTOR and his heirs and assigns shall repair and replace any portion of said easement area damaged or disturbed by his use to its previous condition as soon as reasonably possible after such disturbance or damage shall occur, and shall be solely and exclusively responsible for all costs and expenses associated with such sewer main. The premises are subject to and benefitted by all terms, covenants, conditions, encumbrances, restrictions, easements and rights of way as depicted on the above referenced plat; the terms and conditions of the Declaration of Condominium Cedar Ridge Townhomes dated , 1997, recorded at Volume , Pages - (the "Declaration"); Land Use Permit #4C0997, dated November 8, 1996, recorded in Volume 400, Pages 412-416; Wetlands C.U.D. #96-123 dated October 9, 1996 recorded at Volume 399, Pages 525-529 and the terms and conditions of the approvals of the City of South Burlington Planning Commission, all as they may be amended from time to time. The premises is subject to all covenants, conditions, restrictions, easements, and rights of way as referenced in the above referenced deed depicted or referenced on the above -referenced Plat and as of record. Reference is hereby made to the above -referenced Plat and instruments and the records thereof and references therein contained in further aid of this description. GRANTEE, agrees, for itself and its successors and assigns, that it will indemnify and hold 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 premises not attributable to the acts of GRANTOR. GRANTEE, by the recording of this Deed, acknowledges that it has been donated to the GRANTEE, at no cost to the GRANTEE, with the intent that GRANTOR shall receive the full benefit and protection of 19 V.S.A. §2309. TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the said GRANTEE, CITY OF SOUTH BURLINGTON, its successors and assigns, to its own use and behoof forever; and the said GRANTOR, RANDALL G. MUNSON, for himself and his successors and assigns, does covenant with the said GRANTEE, CITY OF SOUTH BURLINGTON, its successors and assigns, that until the ensealing of these presents, he is the sole owner of the premises and has good right and title to convey the same in manner aforesaid; and that he is FREE FROM EVERY ENCUMBRANCE, except as aforesaid; and he does hereby engage to WARRANT and DEFEND the same against all lawful claims whatever, except as set forth herein. IN WITNESS WHEREOF, RANDALL G. MUNSON has caused his hand and seal to be set this day of , 1997. IN THE PRESENCE OF: Randall G. Munson STATE OF VERMONT COUNTY OF CHITTENDEN, SS. BEFORE ME, the undersigned authority, personally appeared RANDALL G. MUNSON, to me known, and he acknowledged this instrument by him subscribed, to be his free act and deed. DATED this day of , 1997. NOTARY PUBLIC My commission expires: 2/1:/99 ceaanwd VERMONT PROPERTY TRANSFER TAX RETURN VERMONT DEPARTMENT OF TAXES MONTPELIER, VERMONT 05609-1401 (PLEASE TYPE OR PRINT CLEARLY) ffj SEALER'S (TRANSFEROR'S) NAME(S) COMPLETE MAILING ADDRESS FOLLOWING TRANSFER SOCIAL SECURITY NO. OR TAXPAYER IDENT. NO. Randall G. Munson _ 366 Dorset Street, South Burlington, VT BUYER'S (TRANSFEREE'S) NAME(S) COMPLETE MAILING ADDRESS FOLLOWING TRANSFER SOCIAL SECUArY NO. OR TAXPAYER IOENT. NO. City of South Burlington 575 Dorset Street, South Burlington, VT PROPERTY LOCATION (Address In full) DATE OF CLOSING Patchen Road, South Burlington, VT INTEREST IN PROPERTY 1. ❑ FEE SIMPLE 3. ❑ UNDIVIDED 1/2 INTEREST 5. ❑TIME-SHARE ESTATE 7, ❑ EASEMENT 2. ❑ LIFE ESTATE 4• ❑ UNDIVIDED_% INTEREST 6. ❑ LEASE 8. ® OTHER Roadway FRONTAGE AND DEPTH TOTAL ACREAGE BUILDINGS ON PROPERTY AT THE TIME OF TRANSFER (CHECK ALLTHAT APPLY). 1. ® NONE 5. ❑ BARN 90 STORE 2. D FACTORY 6. ❑ MULTI -FAMILY WITH ( wsERDWELLING UNITS T ) 10.❑ OTHER___ TRANSFERRED ruuaER DcacRiec 3. ❑ SINGLE FAMILY DWELLING 7. El MOBILE HOME 4. ❑ CAMP VACATION HOME 8. ❑ CONDOMINIUM WITH ( INSERT ) UNITS TRANSFERRED NUMBER CHECK WHETHER THE BUILDINGS WERE EVER ❑ OCCUPIED ❑ RENTED ❑ WILL BE RENTED AFTER SALE PRIMARY USE OF PROPERTY BEFORE TRANSFER (CHECK ONE): I. ❑ PRIMARY RESIDENCE 3. ❑ CAMPNACATION 5. ❑ OPERATING FARM 7. ❑ COMMERCIAL 9. ® Roadway OTHER DeacRiac De Riae 2. ❑ OPEN LAND 4. ❑ TIMBERLAND 6. ❑ GOVERNMENT USE 8. ❑ INDUSTRIAL DESCRIBE PRIMARY USE OF PROPERTY AFTER TRANSFER (CHECK ONE): {{�� 1. ❑ PRIMARY RESIDENCE 3. ❑ CAMP,VACATION S. El OPERATING FARM 7. ❑ COMMERCIAL__ 9. aJ OTHER Roadway oescRiec DESCRIBE 2. ❑ OPEN LAND 4. ❑ TIMBERLAND 6. ❑ GOVERNMENT USE 8. ❑ INDUSTRIAL DcacR,sc IS ANY PORTION OF THE LAND BEING CONVEYED SUBJECT TO A LIEN OR OTHER RESTRICTIONS UNDER CHAPTER 124 OF 32 V.S.A. (Agricultural, Forest, Farmland or Working Farmland Tax Abatement Use Value Appraisal Programs)? ❑ Yee Ix No IF TRANSFER IS EXEMPT FROM PROP RTY TRANSFER TAX, CITE EXEMPTION FROM INSTRUCTIONS AND COMPLETE SECTIONS M, N and O BELOW. exemption 1'2 TOTAL 93 PRICE PAID FOR ' PRICE PAID FOR PRICE -0- -0 -0- PAID $ PERSONAL PROPERTY S REAL PROPERTY $ IF PRICE PAID FOR REAL PROPERTY IS LESS THAN FAIR MARKET VALUE ENTER FAIR MARKET VALUE ON LINE 0 AND DESCRIBE THE CIRCUMSTANCES: TAX DUE: Enter amount from rate schedule on reverse side. COMPLETE RATE SCHEDULE FOR ALL TRANSFERS $ DATE SELLER ACQUIRED 3 / 23 / 7 6 IF A VERMONT LAND GAINS TAX RETURN IS NOT BEING FILED, CITE EXEMPTION FROM INSTRUCTIONS ON PAGE 4 OF THIS BOOKLET (CONTINUE ON REVERSE SIDE) TO W N,'C I TY DATE OF RECORD BOOK NUMBER LISTED VALUE S PARCEL ID OR MAP NO, GRAND LIST CATEGORY THIS SECTION TO BE COMPLETED BY TOWN OR CITY CLERK PAGE NO, GRAND LIST OF 19 ACKNOWLEDGEMENT ( TOWNNUMBER RETURN RECEIVED (INCLUDING CERTIFICATES AND, IF REQUIRED, ACT 2SO DISCLOSURE STATEMENT) AND TAX PAID, SIGNED DATE CLERK Form PT-1 (12,92) RATESCHEDULE 1. Tax on Special Rate Property: a. Value of purchaser's principal residence (not to exceed $100,000) (See Instructions)............................................................ 1. a. $ —0- b. Value of property enrolled In current use program...................................................................................................................... b. S -0- c. Value of qualified working farm...................................................................................................................................................... c. S -0- d. Add Lines 1(a), (b) and (c).............................................................................................................................................................. d. $ —0- e. Tax rate.............................................................................................................................................................................................. e. -O- f. Tax due on Special Rate Property: Multiply Line 1(d) by Line 1(a)............................................................................................ I. S -0- 2. Tax on General Rate Property: a. Enter amount from Line O on front of return................................................................................................................................. 2. a. $ —0- b. Enter amount from Line 1(d) of Rate Schedule above.................................................................................................................. b. $ —0- c. Subtract Line 2(b) from Line 2(a).................................................................................................................................................... c. $ —0- d. Tax rate.............................................................................................................................................................................................. d. -0- s. Tax due on Genenl Rate Property: Multiply Line 2(c) by Line 2(d)............................................................................................ e. S -0- 3. Total Tex Due: Add Lines 1(1) and 2(e) and enter here and on Line P on front of return................................................................................... 3. $ —()— FLOOD AND SUBDIVISION REGULATIONS AND ACT 250 CERTIFICATES Buyer(s) and Saller(s) certify as follows: A. That they have Investigated and disclosed to every party to this transaction all of their knowledge relating to flood regulations, If any, affecting the property. B. That the seller(s) advised the buyers) that local and state building regulations, zoning regulations and subdivision regulations pertaining to the property may Ilmlt significantly the use of the property. C. That this transfer Is In compliance with or is exempt from the subdivision regulations of the Agency of Natural Resources for the following reasons: 1. This property Is the subject of Subdivision Permit No, and Is In compliance with said permit, or 2. This property and any retained parcel Is exempt from the subdivision regulations because (see Instructions for exemptions): a. Parcel to be sold: Exemption Number Number of acres b. Parcel retained: Exemption Number Number of acres Please contact the district office In your area to determine compliance with Act 250. (See map on page 26.) Seller(s) further certifies as follows: D. That this transfer of real property and any development thereon Is In compliance with or exempt from 10 V.S.A. Chapter 151, Vermont's Land Use and Development Law (Act 2 0), for the following reason: 1. This property Is the subject of Act 250 Permit No. 4CO997 and Is In compliance with said permit, or 2. This property Is exempt from Act 250 because: (list exemption number from Instructions) E. That this transfer dggxs/does not (strike one) result In a partition or division of land. Note: It It does, an Act 250 Disclosure Statement must be attached to this return before filing with the town clerk. WITHHOLDING CERTIFICATION ❑ Buyer(s) certifies that Vermont Income tax has been withheld from the purchase price and will be remitted to the Commissioner of Taxes with Form REW-1 within 30 days from the transfer, OR that the transfer Is exempt from Income tax withholding for the following reason (check one): ❑ 1. Seller(s) certifies that at that time of transfer, each seller was a resident of Vermont or an estate. ❑ 2. Buyers) certifies that the parties obtained withholding certificate no. from the Commissioner of Taxes In advance of this sale. ® 3. Buyer(s) certifies that this Is a transfer without consideration. (See Instructions for Form REW-1.) ❑ 4. Seller(s) Is a mortgagor conveying the mortgaged property to a mortgagee In a foreclosure or transfer In lieu of foreclosure, with no additional consideration. WE HEREBY SWEAR AND AFFIRM THAT THIS RETURN, INCLUDING ALL CERTIFICATES, IS TRUE, CORRECT AND COMPLETE TO THE BEST OF OUR KNOWLEDGE- SELLER(S) SIGNATURE(S) DATE BUYER(S) SIGNATURES) DATE City of South Burlington Kandaii G. Munson By: Preparer's Signature Prepared by Randall G. Munson Preparer'sAddress Stowe, VT 05672 Buyer's Representative Tel. (Print or Type) Weep a cupy ui 11uQ1 1eiu115 i- YUU1 1—1— IRREVOCABLE OFFER OF DEDICATION FOR PEDESTRIAN PATH EASEMENT DEED AGREEMENT MADE by and between RANDALL G. MUNSON, of Stowe, County of Lamoille, and State of Vermont, hereinafter referred to as "Owner," and the CITY OF SOUTH BURLINGTON, a Vermont municipal corporation, hereinafter referred to as "Municipality." WITNESSETH: WHEREAS, on May 7, 1996, the Municipality's Planning Commission approved a final plat entitled "Cedar Ridge Townhomes, Patchen Road, South Burlington, Vt., Subdivision Plat", prepared by Trudell Consulting Engineers, Inc. dated May 9, 1996, and recorded at Map Book 386, Page 46 of the City of South Burlington Land Records; WHEREAS, the final approval of the Planning Commission contains a condition that the Owner convey to Municipality an easement deed for a pedestrian path easement to be used by the Municipality, as depicted on the final plat; and WHEREAS, the above -described pedestrian path easement is to be dedicated to the Municipality free and clear of all encumbrances which would prohibit the use of the said easement for public purposes, pursuant to said final approval and final plat; and WHEREAS, the Owner is delivering to the Municipality an appropriate deed of conveyance for the above -described easement. NOW, THEREFORE, in consideration of the final approval of the Municipality's Planning Commission and for other good and valuable consideration, it is covenanted and agreed as follows: 1. The Owner delivers to the Municipality a deed of conveyance, a copy of which is attached hereto as "Exhibit A", said delivery constituting a formal offer of dedication to the Municipality. 2. The Owner agrees that said formal Offer of Dedication is irrevocable and can be accepted by the Municipality in whole or in part at any time. 3. This Irrevocable Offer of Dedication shall run with the land and shall be binding upon all assigns, grantees, successors, and/or heirs of the Owner. 11 Dated at , Vermont this day of , 1997. IN THE PRESENCE OF: Randall G. Munson STATE OF VERMONT COUNTY OF CHITTENDEN, SS. BEFORE ME, the undersigned authority, personally appeared RANDALL G. MUNSON, to me known, and he acknowledged this instrument by him sealed and subscribed, to be his free act and deed. DATED this day of , 1997. NOTARY PUBLIC My commission expires: 2/10/99 CITY OF SOUTH BURLINGTON By: STATE OF VERMONT COUNTY OF CHITTENDEN, SS. Its duly authorized agent BEFORE ME, the undersigned authority, personally appeared , as a duly authorized agent of the CITY OF SOUTH BURLINGTON, to me known, and he acknowledged this instrument by him sealed and subscribed, to be his free act and deed and the free act and deed of the CITY OF SOUTH BURLINGTON. offerded DATED this clay of , 1997. NOTARY PUBLIC My commission expires: 2/10/99 2 EXHIBIT A PEDESTRIAN PATH EASEMENT DEED KNOW ALL PERSONS BY THESE PRESENTS: that RANDALL G. MUNSON, of Stowe, County of Lamoille, and State of Vermont, GRANTOR, in consideration of Ten and More Dollars paid to his full satisfaction by the CITY OF SOUTH BURLINGTON, a municipal corporation with a place of business in South Burlington, County of Chittenden, and State of Vermont, GRANTEE, by these presents does freely GIVE, GRANT, SELL, CONVEY, and CONFIRM unto the said GRANTEE, CITY OF SOUTH BURLINGTON and its successors and assigns forever, certain easements on a parcel of land in the City of South Burlington, County of Chittenden, State of Vermont, described as follows: Being a twenty -foot wide pedestrian path easement depicted on a plat entitled "Cedar Ridge Town homes, Patchen Road, South Burlington, Vt., Subdivision Plat", prepared by Trudell Consulting Engineers, Inc., dated May 9, 1996, and recorded at Map Book 386, Page 46, City of South Burlington Land Records. Said pedestrian easement is more particularly described as follows: The northerly boundary of the easement shall be along the southerly boundary of lands now or formerly of Patchen Place Associates at a location to connect with a path on said lands. The easement shall proceed in a southerly direction between the westerly boundary of GRANTOR'S lands and improvements to be made to the property by GRANTOR. The southerly boundary of the easement shall be the southerly boundary of the GRANTOR'S lands at a location to connect with a path over the lands now or formerly of Summer Woods Associates, Inc. The exact location of said easement shall be located in the field and agreed upon by the GRANTOR and his heirs and assigns and the GRANTEE and its successors and assigns. The lands of GRANTOR are a portion of the lands and premises conveyed to GRANTOR by Warranty Deed by Munson Earth -Moving Corporation dated March 23, 1976, and recorded in Volume 126, Pages 396-398 of the City of South Burlington Land Records. Said pedestrian easement will be constructed and maintained by GRANTEE in a natural condition; the easement area will not be paved. The easement shall be used for pedestrian purposes only. Specifically prohibited are all types of motorized vehicles or equipment, and bicycles. GRANTEE, and its successors and assigns, shall be solely responsible for the construction, repair, maintenance, and replacement of the pedestrian path. GRANTEE, and its successors and assigns, shall have the right at all reasonable times and places to enter on to, cross over and traverse lands of the GRANTOR, and his heirs and assigns, for said purposes. GRANTEE, its successors and assigns, shall have the right to clear or remove vegetation within the easement and, the right to install waterbars and other low impact erosion control measures where necessary to control erosion or to maintain the path in a safe and appropriate manner and in conformance with all applicable permits, approvals, regulations, laws and ordinances. Except as set forth herein, no other construction or disturbance of the easement area is permitted. GRANTEE shall post appropriate signs indicating that the easement is restricted to use by pedestrians only. GRANTEE, its successors and assigns shall be responsible for keeping the pedestrian easement reasonably clean and neat. GRANTOR, and his heirs and assigns, shall have the right to cross on foot and by motor vehicle the land subject to the easement and otherwise make use of the land, provided such use shall not be inconsistent with the use thereof by GRANTEE and its successors and assigns, but specifically shall place no structures, landscaping, or other improvements within said easement which shall prevent or interfere with the GRANTEE'S ability to use said easement, except that, GRANTOR excepts herefrom and reserves for himself and his heirs and assigns the right to install, construct, operate, maintain, repair, and replace water, sewer, gas, drainage, television, telephone, and electric lines, tanks, and services in, under, over, and through the easement areas. GRANTOR and his heirs and assigns shall repair and replace any portion of the easement areas damaged or disturbed by his use to its previous condition as soon as reasonably possible after such disturbance or damage'shall occur, and shall be solely and exclusively responsible for all costs and expenses associated with such replacements or repairs. GRANTEE shall be solely responsible for obtaining and complying with any and all permits and approvals that may be required for the construction and use of a pedestrian path within the easement area, including, without limitation, all approvals and permits required by the State of Vermont, relating to wetlands and archeological and historic sites. GRANTEE, agrees, for itself and its successors and assigns, that it will indemnify and hold 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 the acts of GRANTOR. GRANTEE, by the recording of this Deed, acknowledges that it has been donated to the GRANTEE, at no cost to the GRANTEE, with the intent that GRANTOR shall receive the full benefit and protection of 19 V.S.A. §2309. All lands and premises of GRANTOR and the easement are subject to and benefitted by all terms, covenants, conditions, encumbrances, restrictions, easements and rights of way as depicted on the above referenced plat; the terms and conditions of the Declaration of Condominium Cedar Ridge Townhomes dated , 1997, recorded at Volume , Pages - (the "Declaration"); Land Use Permit #4C0997, dated November 8, 1.996, recorded in Volume 400. Pages 412-416; Wetlands C.U.D. #96-123 dated October 9, 1996 recorded at Volume 399, Pages 525-529 and the terms and conditions of the approvals of the City of South Burlington Planning Commission, all as they may be amended from time to time. Reference is hereby made to the above -described instruments, the records thereof, and to the references therein contained in further aid of this description. TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the said GRANTEE, CITY OF SOUTH BURLINGTON, and its successors and assigns, to their own use and behoof forever; and the said GRANTOR, for himself and his heirs and assigns, does covenant with the said GRANTEE, and its successors and assigns, that until the ensealing of these presents, he is the sole owner of the premises and has good right and title to convey the same in manner aforesaid; and that it is FREE FROM EVERY ENCUMBRANCE, except as aforesaid; and they hereby engage to WARRANT and DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, RANDALL G. MUNSON has caused his hand to be set this day of , 1997. Witness Witness STATE OF VERMONT COUNTY OF CHITTENDEN, SS. Randall G. Munson BEFORE ME, the undersigned authority, personally appeared RANDALL G. MUNSON, to me known, and he acknowledged this instrument by him sealed and subscribed, to be his free act and deed. ea .ded DATED this day of , 1997. NOTARY PUBLIC My commission expires 2/10/99 VERMONT PROPERTY TRANSFER TAX RETURN VERMONT DEPARTMENT OF TAXES MONTPELIER, VERMONT 05609-1401 (PLEASE TYPE OR PRINT CLEARLY) ffjSr-'-LER'S (TRANSFEROR'S) NAME(S) COMPLETE MAIUNG ADDRESS FOLLOWING TRANSFER SOCIAL SECURITY NO. OF TAXPAYER IDENT. NO. Randall G. Munson 366 Dorset Street, South Burlington, VT = BUYER'S (rRANSFEREE'S) NAME(S) COMPLETE MAIUNG ADDRESS FOLLOWING TRANSFER SOCIAL SECURITY NO. OR TAXPAYER IDENT, NO, City of South Burlington 575 Dorset Street, South Burlington, VT PROPERTY LOCATION (Address In full) DATE OF CLOSING Patchen Road, South Burlington, VT INTEREST IN PROPERTY 1. ❑ FEE SIMPLE 3. ❑ UNDIVIDED 1,7 INTEREST 5. ❑ TIME-SHARE ESTATE 7. ® EASEMENT 2. ❑ LIFE ESTATE 4. ❑ UNDIVIDED __% INTEREST 6. ❑ LEASE 8. ❑ OTHER FRONTAGE AND DEPTH TOTAL ACREAGE BUILDINGS ON PROPERTY AT THE TIME OF TRANSFER (CHECK ALL THAT APPLY). 1. ULJ NONE 5. ❑ BARN 9.0 STORE 2. ❑ FACTORY 6. ❑ MULTI -FAMILY WITH _ ( INSERT ) DWELUNG UNITS 100 OTHER TRANSFERRED 3. ❑SINGLE FAMILY DWELLING 7. ❑MOBILE HOME NUMBER DESCRiac 4. ❑ CAMP VACATION HOME 8. ❑ CONDOMINIUM WITH _ ( INSERT ) UNITS TRANSFERRED NUMBER CHECK WHETHER THE BUILDINGS WERE EVER ❑ OCCUPIED ❑ RENTED ❑ WILL BE RENTED AFTER SALE PRIMARY USE OF PROPERTY BEFORE TRANSFER (CHECK ONE): 1. ❑ PRIMARY RESIDENCE 3, ❑ CAMPNACATION 5. ❑ OPERATING FARM 7. ❑ COMMERCIAL® Pathway 9. OTHER oescnlee De-rRIsf 2. ❑ OPEN LAND 4. ❑ TIMBERLAND 6. ❑ GOVERNMENT USE 8. ❑ INDUSTRIAL DescRlee PRIMARY USE OF PROPERTY AFTER TRANSFER (CHECK ONE): 1. ❑ PRIMARY RESIDENCE 3. ❑ CAMPIVACATION 5. ❑ OPERATING FARM 7. ❑ COMMERCIAL___ 9. ® OTHERPathWay _ o-CRlec DESCRIBE 2. ❑ OPEN LAND 4. ❑ TIMBERLAND 6. ❑ GOVERNMENT USE 8. ❑ INDUSTRIAL DESCR.OE IS ANY PORTION OF THE LAND BEING CONVEYED SUBJECT TO A UEN OR OTHER RESTRICTIONS UNDER CHAPTER 124 OF 32 V.S,A. (Agricultural, Forest, Farmland or Working Farmland Tex Abatement Use Value Appraisal Programs)? ❑ Yes ® No IF TRANSFER IS EXEMPT F OIM�PRO ERTY TRANSFER TAX, CITE EXEMPTION FROM INSTRUCTIONS AND COMPLETE SECTIONS M, N and 0 BELOW. LL �iJJ [ TOTAL PRICE PAID FOR ' PRICE PAID FOR PRICE PAID $ -0- PERSONAL PROPERTY $= 0- REAL PROPERTY $ -0 _ IF PRICE PAID FOR REAL PROPERTY IS LESS THAN FAIR MARKET VALUE ENTER FAIR MARKET VALUE ON UNE O AND DESCRIBE THE CIRCUMSTANCES: TAX DUE: Enter amount from rate schedule on reverse slds. COMPLETE RATE SCHEDULE FOR ALL TRANSFERS S -� DATE SELLER ACQUIRED 3 / 23 / 76 IF A VERMONT LAND GAINS TAX RETURN IS NOT BEING FILED, CITE EXEMPTION FROM INSTRUCTIONS ON PAGE 4 OF THIS BOOKLET (CONTINUE ON REVERSE SIDE) THIS SECTION TO BE COMPLETED BY TOWN OR CITY CLERK TOWN;CIT-Y ACKNOWLEDGEMENT TOWN NUMBER DATE OF RECORD RETURN RECEIVED (INCLUDING CERTIFICATES AND, BOOK NUMBER PAGE NO. IF REQUIRED, ACT 250 DISCLOSURE STATEMENT) LISTED VALUE $ GRAND LIST OF 19 AND TAX PAID, PARCEL ID OR MAP NO. SIGNED CLERK GRAND UST CATEGORY DATE Form PT-1 (12,92) RATESCHEDULE 1. Tax on Special Rate Property: —0— 1. a. $ a. Value of purchaser's principal residence (not to exceed $100,000) (See Inatructlons)............................................................ b. Value of property enrolled In current use program.......................................................................................................... c. $ —0— c. Value of qualified working term......................................................................................... ............................................................ rAdd Lines 1(a), (b) and (c)....................................................................................................................................... e. Tax rate........................................................................................................................................................................ I. $ —O- f. Tax due on Speclai Rate Property: Multiply Line 1(d) by Line 1(e)............................................................................................ 2. Tax on General Rate Property: 2. a. $ ■. Enter amount from Line 0 on front of return................................................................................................................................. b. $ _0_ b. Enter smount from Line 1(d) of Rate Schedule above.................................................................................................................. ....... c. Subtract Line 2(b) from Line 2(e)..................................................................................................................... d. Tax rate........................................................................................................................................................................ e. $ —0— Multiply Line 2 c b Line 2 d.......................................................................... e. Tax due on General Rate Property: p y O Y O^•••••"""""' —0- 3. Total Tax Due: 3. $ Add Lines 1(i) and 2(e) and enter here and on Line P on front of return.... .............................................................................. FLOOD AND SUBDIVISION REGULATIONS AND ACT 250 CERTIFICATES Buyer(*) and Sellers) certify es follows: property. A. That they haveinvestigatedand disclosed to every party to this transaction all of their knowledge relating to flood regulations, If any, effecting the B. That he s allerlsca v1sed the ntly the use oyth(e thatlocal and state building reguletlomayns, zoning regulations and subdivision regulations pertaining to the property C. 7het this transfer f le in the use or tpliance with or property. exempt from the subdivision regulations of the Agency of Natural Resources for the following reasons: and is In compliance with said permit, or 1. This property Is the subject of Subdivision Permit No. 2. This property and any retained parcel Is exempt from the subdivision regulations because (see Instructions for exemptlons): Exemption e. Parcel to be sold: Number Number of acres Pt b. Percelretelned: Exemption Number Number of acres Please contact the district office In your area to determine compliance with Act 250. (See map on page 26.) Seller(&) further certifies as follows: D. That this transfer of real property and any development thereon Is In compliance with or exempt from 10 V.S.A. Chapter 151, Vermont's Lend Use an Development Lew (Act 2 0), for the following reason: 1. This property Is the sublect of Act 250 Permit No. 4CO997 and Is Incompliance with said permit, or 2. This property Is exempt from Act 250 because: (list exemption number from Instructions) E. at this transfer ran before sf"fl]Cng with thoes not (strike e town one) result In a partition or division of land. Note: It it does, an Act 250 Disclosure Statement must be attached to WITHHOLDING CERTIFICATION ❑ Buyer(s) certifies that Vermont Income tax has been withheld from the purchase price and will be remitted to the Commissioner of Taxes with Form REW-1 within 30 days from the transfer, OR that the transfer Is exempt from Income tax withholding for the following reason (check one): ❑ 1. Seller(s) certifies that at that time of transfer, each seller was a resident of Vermont or an estate. y from the Commissioner ❑ 2. B Taxes In advanthatce this sales obtained withholding certificate no. 3. Buyer(s) certifies that this Is aytransfer without consideration. (See instructions for Form REW-1.) ❑ 4 Seleclossuge with mortgagor oonaf conshe mortgaged property to a mortgagee In a foreclosure or transfer In Ileu of for no WE HEREBY SWEAR AND AFFIRM THAT THIS RETURN, INCLUDING ALL CERTlACATES, IS TRUE, CORRECTAND BUYER S) SIOGNATUrR (0)THE BEST OF OUR KNOWDA DGE. SELLERS) SIGNATURE(S) DATE TE City of South Burlington Randall G. Munson Preparer's Signature Preparer's Address Prepared by Randall G. Munson Stowe, VT 05672 Buyer'sRepresentative (Print or Type) Keep a copy of this return for your records. Tel. DECLARATION OF CONDOMINIUM CEDAR RIDGE TOWNHOMES THIS DECLARATION OF CONDOMINIUM, made on the date of execution by RANDALL G. MUNSON, of Stowe, County of Lamoille, and State of Vermont ("Declarant"). WITNESSETH WHEREAS, RANDALL G. MUNSON is the owner in fee simple of approximately 26.21 acres of land located on Patchen Road in South Burlington, Vermont, together with all easements, rights, appurtenances, and improvements thereto, described in the attached Exhibit A, and designated as "Phase I" on a plat entitled "Cedar Ridge Townhomes, Patchen Road, South Burlington, Vermont, Master Site Plan," prepared by Trudell Consulting Engineers, dated May 9, 1996, and recorded at Map Slide — of the City of South Burlington Land Records, a copy of which is attached hereto as Exhibit B (the "Phase I Property"); and WHEREAS, Declarant intends to establish a multi -unit residential housing development on the Property, substantially as depicted and approved on the Master Site Plan attached hereto as Exhibit B, and to create a condominium regime, in one or more phases for the Property; WHEREAS, Declarant owns additional real property depicted on Exhibit B as "Additional Property" and desires to reserve the right to submit said Additional Property and improvements constructed thereon, including 84 additional Units, to the condominium being organized under this Declaration. NOW, THEREFORE, Declarant hereby submits the Phase I Property to this Declaration and to the provisions of Chapter 15, Title 27, Vermont Statutes Annotated, known as the Vermont Condominium Ownership Act (the "Act"), and hereby creates with respect to the Phase I Property a condominium to be known as the "Cedar Ridge Townhomes" (the "Condominium" or "Property") which shall be held, sold, transferred, conveyed, used, occupied, mortgaged, or otherwise encumbered subject to the covenants, conditions, restrictions, easements, assessments, and liens hereinafter set forth which are for the purpose of protecting the value and desirability of the Property, and which shall run with title to the Property, and which shall be binding on all parties having any right, title, or interest in or to the Property or any part thereof, and their respective heirs, legal representatives, successors, and assigns, and shall inure to the benefit of each and every owner of all or any portion of the Property. ARTICLE I: DEFINITIONS A. Definitions. The terms used in this Declaration and in the attached Bylaws shall have the following meanings: 1. "Apartment" or "Condominium Unit" or "Unit" means an "apartment" as defined in the Act together with the undivided interest in the Common Elements which pertains to that Apartment, as defined in the Act. 2. "Assessment" means the amount assessed against the owners of each Unit from time to time by the Condominium Owners Association described below in the manner provided herein. 3. 'Board of Directors" or "Board" means the persons elected or appointed as such in accordance with the Bylaws, who shall be the governing body of the Condominium Owners' Association. 4. "Building(s)" means the structures and related improvements which do, or will, comprise part of the Condominium. 5. "Building Plans" "Floor Plans" or "Plans" means the plans of the Units prepared by Robson Bilgen Architects, P.C., and filed with the City of South Burlington , Vermont, showing graphically particulars of each Unit, which is attached hereto as Exhibit C. 6. "Bylaws" means the Bylaws of the Condominium Owners' Association, attached hereto as Exhibit E, as amended from time to time, and which are incorporated herein by reference and made a part hereof. 7. "Condominium Owners Association" or "COA" or "Association" means the association of unit owners, as defined in the Act, and is the Cedar Ridge Association, being a non-profit, non -stock membership association incorporated under the laws of Vermont, the membership of which is limited to owners of Units located in the Condominium. 8. "Common Areas" or "Common Elements" means parts of the Property as defined in the Act and means all parts of the Property and appurtenances thereto other than the Units. 9. "Common Expenses" means all lawful expenditures made or incurred by or on behalf of the COA, together with all lawful assessments, for the creation and maintenance of reserves pursuant to the provisions of the Condominium Instruments. 10. "Declarant" means RANDALL MUNSON, of Stowe, Vermont, and his successors and assigns. 11. "Declaration" means this Declaration of Condominium of Cedar Ridge Townhomes, as it may be amended from time to time, and includes all of the Exhibits hereto. 12. "First Mortgagee" means the holder of any first mortgage lien or the beneficiary under any first deed of trust encumbering a Unit. The term "mortgage" includes both mortgages and deeds of trust. DECLARATION of CONDOMINIUM CEDAR RIDGE TowNHomES Page 2 13. "Institutional," as used in conjunction with "Lender," "Holder," "Mortgagee," or "First Mortgagee," means commercial and savings banks, savings and loan associations, trust companies and established mortgage companies, insurance companies, private mortgage insurance companies, pension funds, any corporation, including a corporation of or affiliated with the State of Vermont or United States Government, including, without limitation, the Vermont Economic Development Agency and its affiliates, including without limitation, Vermont 503 Corporation, or any federal credit unions, and other entities or agencies chartered under federal or state laws. 14. "Land" means the real property submitted hereby to the Condominium, more particularly described in Exhibit A and depicted as "Phase I" on Exhibit B, owned by the Declarant. 15. "Limited Common Elements" means those portions of the Common Elements reserved for the exclusive use of one or more, but less than all, of the Units, as more fully set forth in Article III of this Declaration. 16. "Lot Plan," "Survey" or "Site Plan" means and includes the survey of the Land and improvements thereon which is attached hereto as Exhibit B, showing the boundaries of the Land and the locations of Units and other improvements thereon. 17. "Manager" or "Management Agent" means a professional management agent employed by the COA to perform such duties and services as the Board of Directors shall authorize in conformance with the Act, this Declaration, and the Bylaws. 18. "Owner" or "Unit Owner" means an "Apartment owner" as defined in the Act and means the record owner, whether one or more persons, of fee simple title in and to any Unit. 19. "Percentage Interest" means the pro rata share of undivided interest each Owner has as a tenant -in -common in the Common Area; and "Total Percentage Interests" means the aggregate of all Percentage Interests. 20. "Project" or "Condominium" means the "Property" as defined in the Act and means the Land, the Units, and all other improvements and structures located thereon, and all easements, rights and appurtenances belonging thereto, submitted to the Act by the Declaration. 21. "Project Documents" or "Condominium Instruments" means and includes this Declaration, all Exhibits hereto, the Plans, the Bylaws, and the Rules and Regulations, all as amended from time to time. 22. "Property -wide Standard" shall mean the standard of conduct, maintenance, or other activity generally prevailing in the Project. Such standard may be more specifically determined by the Board of Directors. DECLARATION of CONDOMmium CEDAR RIDGE TowNHomES Page 3 23. "Rules and Regulations" means the provisions and limitations promulgated from time to time by the Board governing the use of the Common Area and Units. 24. "Undivided Interest" means the percentage interest of each Unit in the Common Elements as set forth in Exhibit D attached to this Declaration and as amended from time to time. 25. "Unit Estate" means all the components of ownership held by an Owner, including the rights and interest of the Owner in and to a Unit and the rights of use and undivided interest in the Common Area and Limited Common Elements. Unless the context requires otherwise, all references to "Unit(s) or "Apartment(s)" herein shall include the Unit Estate. ARTICLE II: CONDOMINIUM PROPERTY A. PropeM. The Property consists of all and the same lands and premises, together with improvements thereon, and all easements benefiting and burdening the Project, and rights appurtenant thereto, as depicted and described in the Property Description and designated as "Phase I," on the Site Plan attached hereto as Exhibit A and Exhibit B, respectively, and, upon proper submission as set forth in this Declaration, all or any portion of the Additional Property. B. Description of Condominium Generally. As of the date hereof, the Declarant intends to eventually develop the Phase I Property and Additional Property as a condominium development consisting of 92 Units in twenty three Buildings, substantially as depicted on the Master Site Plan. The condominium development initially subject to this Declaration will consist of the Phase I Property and two Buildings constructed on the Phase I Property, depicted as Buildings Nos. 3 and 4 on Exhibit B, with related site and utility improvements, and containing 4 Units within each Building. The remaining twenty one Buildings, depicted on the Master Site Plan, containing 84 Units, related site improvements may be included in the Condominium, in whole or in part, from time to time, in one or more phases, by the execution of one or more amendments to this Declaration. As Units within Phase I and/or Units on the Additional Property are added to the Condominium, the percentage interest in the Common Elements and Limited Common Elements appurtenant to the existing Units will be redetermined as set forth herein and in Exhibit D. Notwithstanding the foregoing, any change in the percentage interest in the Common Elements and Limited Common Elements shall be completed on or before seven (7) years from the date of execution of this Declaration. C. Description of Buildings. The location of each Building which is a part of the Condominium is shown on the Master Site Plan. The Buildings are more particularly described as follows: Buildings Nos. 1-23 each containing two stories and 4 Units. DECLARATION of CONDOMINIUM CEDAR RIDGE TowNHomES Page 4 The principal materials of which each Building is or is to be constructed are: concrete foundation, wood frame construction, clapboard siding over composite board for sheathing the exterior walls, asphalt shingles for the roof, and gypsum wallboard (sheetrock) for the interior walls. D. Description of Units and Improvements. The Units and other improvements to the Property, are depicted and described in the Master Site Plan. The Floor Plans attached hereto as Exhibit C show the layout, number of rooms, and approximate square footage of each typical exterior and interior Unit. There are two types of Buildings: Floor Plan A and Floor Plan B. Interior and exterior Units in Floor Plan A Buildings will consist of two bedrooms each and contain 1,090 square feet of floor space. The interior Units in Floor Plan B Buildings will consist of two bedrooms each and contain 1,140 square feet of floor space. The exterior Units in Floor Plan B Units will consist of two bedrooms each and contain 1,300 square feet. An unfinished space over the garage in the Floor Plan B Units may be finished off as a third bedroom. Exhibit D is a list of all Units made subject to the Condominium on the date hereof, the assigned value of each Unit, and the Percentage of Undivided Interest in the Common Elements allocated to each Unit. E. Unit Boundaries. The Units are multi -level, townhouse style dwelling units consisting of the enclosed space of more than one room occupying more than one floor, including a single car garage space, having a direct exit to a Limited Common Area or Common Area. The lower boundary of each Unit is a horizontal plane (or planes), the elevation of which coincides with the elevation of the upper surface of the concrete slab of the lowest level thereof, extended to intersect with the lateral or perimetrical boundaries of such Unit. The upper boundary of each Unit is a horizontal or sloped plane (or planes), the elevation of which coincides with the elevation of the innermost surface of the unfinished gypsum board (sheetrock) ceiling of the second floor extended to intersect the lateral or perimetrical boundaries of such Unit. The lateral or perimetrical boundaries of each Unit are vertical planes which coincide with the innermost surfaces of the interior gypsum board (sheetrock) perimeter walls of such Unit and the interior surfaces of the exterior doors or windows of such Unit. A Unit shall not include the perimeter or interior bearing walls, subfloors, or ceilings (except the interior sheetrock), the roof, the foundations and footings, basement concrete floor slab, concrete pavement in the garage or other structural elements such as joists, beams, trusses and rafters. A Unit shall include windows and sashes, frames, glass, grills and screens in windows and doors (whether or not opening on to a Common Element or Limited Common Element), the interior non -bearing walls (including sheetrock), , and finishing materials, and shall be maintained, repaired and replaced by the Owner of each respective Unit. DECLARATION OF CONDOMINIUM CEDAR RIDGE TOWNHomm Page 5 Mechanical equipment and appurtenances located within any Unit and designed to serve only that Unit, such as appliances, electrical receptacles and outlets, plumbing fixtures, cabinets, telephone, electrical, heat, ventilation systems, and the like, shall be considered a part of the Unit. In addition, any fireplace, damper, chimney, flue, fireplace, hearth and firebox area associated with a Unit shall be considered a part of the Unit and shall be maintained by the Unit Owner of each respective Unit. A Unit shall not be considered to contain the utility lines and equipment, conduits, pipes, ducts, cables, wires, and the like and any other elements located within or accessible only from within a particular Unit which serve more than one Unit. A Unit shall include the utility lines and equipment, conduits, pipes, ducts, cables, wires, and the like and any other elements located within or accessible only from within a particular Unit which are for the exclusive use of the Unit. Each Unit shall have the burdens and the benefits of the easements set forth in Article V herein. ARTICLE III: COMMON ELEMENTS A. Limited Common Elements. 1. A "Limited Common Element" is a portion of the Common Elements allocated for the exclusive use of one or more than one, but fewer than all, of the Units. 2. All fixtures or improvements designated to serve, attached to, or adjacent to a single Unit, but located outside the Unit's boundaries, all areas designated on Exhibit C (Floor Plans) as front and back entrances, porches, decks, and any driveway parking spaces allocated to the Unit, are Limited Common Elements allocated exclusively to that Unit to which they are appurtenant. Except as otherwise provided herein, any expense for maintenance, repair or replacement relating to the Limited Common Elements shall be treated as and paid for as part of the Common Expenses. B. Common Elements. 1. The "Common Elements" include the Limited Common Elements and consist of all the Phase I Property and appurtenances thereto described and depicted on Exhibits A, B, and C except Units. 2. Except as otherwise set forth herein as to the use of the Limited Common Elements, the Common Elements shall remain undivided and shall be devoted to the common use and enjoyment of all Unit Owners. No Unit Owner or any other person shall maintain any action for partition or division thereof, unless the Property has been removed from the provisions of this Declaration pursuant to the Act. DECLARATION OF CONDOMINIUM CEDAR RIDGE TOWNHOMES Page 6 3. Each Lot Owner may use the Common Elements in accordance with the purposes for which they were intended without hindering or encroaching upon the lawful rights of other Unit Owners. Use of the Common Elements shall be subject to the limitations set forth herein for use of the Limited Common Elements and to the Rules and Regulations regarding use thereof as shall be established from time to time by the Board of Directors. 4. The Common Elements include, without limitation: a. All easements, restrictions, and other encumbrances included with the Property as described in Exhibit A; b. The foundations, footings, basement slabs, bearing walls, perimeter walls, main walls, footings, roofs, columns, girders, beams and supports of the Buildings; Utility lines, equipment and other improvements serving the Property or serving more than one Unit; d. All roads until accepted by the City of South Burlington as public roads, all driveways, sewer lines located within the project's private roadway and sewer lines located within the portion of Juniper Drive which will be dedicated to the City of South Burlington as a public street, the sewer pump station located on the Additional Property, the stormwater drainage system located on the Phase I Property and the Additional Property, including drains, catch basins, closed lines and detention ponds, parking areas, sidewalks, pedestrian trails, fences, trees, shrubs, landscaping, and other site improvements located on the Property. C. Undivided Percentage Interests. The value of each Unit and each Unit's Percentage of Undivided Interest in the Common Elements and Limited Common Elements as set forth on the attached Exhibit D. A Unit's Undivided Percentage Interest shall be redetermined in accordance with Exhibit D as additional Units on the Phase I Property and/or Additional Property are made a part of the Condominium. Except as otherwise set forth herein, the percentages determined in accordance with Exhibit D shall be of a permanent character and may not be changed without the consent of all Unit Owners. The Undivided Percentage Interest shall be determinative of all matters under the Act, this Declaration and the Bylaws which are properly determined by reference to the respective percentages, including, but not limited to the weight of each Unit Owner's vote for Association purposes and the allocation of Common Expenses. ARTICLE IV: OCCUPANCY AND USE RESTRICTIONS A. Use of Unit. Each Unit shall be used for residential purposes only, and no trade or business of any kind may be carried on therein, except customary home occupations and leases for residential purposes, provided such leases are for a minimum term of six months, and as otherwise provided in the Declaration and Bylaws. DECLARATION of CONDOMINIUM CEDAR RIDGE TowNHomES Page 7 The occupancy of each Unit is subject to all easements and restrictions of record and on the above referenced plat, and all approvals by the City of South Burlington. B. Alteration of Units. At the time of purchase, each prospective Unit Owner of a Floor Plan B Unit shall have the option to purchase a finished room over the garage space from the Declarant. Except as otherwise set forth herein, no structural alterations within or affecting a Unit, other than the completion of the room over the garage in a Floor Plan B Unit by the Unit Owner after purchase, shall be made without the written consent of the Board of Directors. The appearance of the Common Elements or the exterior appearance of any Unit may not be changed without the written consent of the Board of Directors. No Units may be subdivided. B. Declarant's Reservations. Declarant reserves the right to use or maintain any portion of the Property as sales offices, management offices, models, and signs until such time as the Declarant has conveyed title to all of the Property to the Unit Owners in condominium. The Unit Owners and the Association shall not interfere with Declarant's efforts to complete the improvements to the Phase I Property, the Additional Property, or to market and sell Units in the first or subsequent Buildings, or with any rights of the Declarant reserved in Article XI. C. State and Municipal Laws. Each Unit Owner shall comply with all applicable permits, codes, laws, ordinances, rules, and regulations, of the State of Vermont and City of South Burlington affecting the use of the Units and the Common Elements. D. Interference with Others. No Unit shall be used or maintained in a manner which shall interfere with the comfort or convenience of occupants of other Units or contrary to the Bylaws and the Rules and Regulations. E. Parking Allocations. In addition to the parking space located within each Unit's garage, each Unit shall be entitled to the exclusive use of one parking space located in the driveway area adjacent to the Unit. Every Unit Owner shall be responsible for maintaining their respective garages in such a manner as to make the garage available for parking. Garages may not be converted to living space. The Declarant may establish guest parking spaces substantially as depicted on the Master Site Plan, the use of which shall be regulated and restricted by the Board of Directors. ARTICLE V: EASEMENTS A. Easement for Access. Each Unit Owner is hereby granted an easement, in common with each other Unit Owner, in all Common Elements for ingress and egress, utility service for, and support, maintenance and repair of each Unit, subject to such reasonable rules, regulations and restrictions as may be imposed by the COA. Each Unit is hereby benefitted by and subjected to an easement for ingress and egress through all Common Elements by persons lawfully using or entitled to the same. Such easements and rights are subject to the limitations upon the use of the Limited Common Elements as otherwise set forth herein. DECLARATION OF CONDOMINIUM CEDAR RIDGE TOWNHomm Page 8 B. Easement for Encroachment. To the extent that any Unit or Common Element unintentionally and non -negligently encroaches on any other Unit or Common Element, an easement for the encroachment shall exist. C. Easement for Completion; Utilities; Public Areas. Declarant, for himself, and his heirs and assigns, reserves the right to grant and reserve easements and rights of way: (i) through, under, over and across the Phase I Property and the Additional Property for the installation, maintenance, repair, replacement, and inspection of lines and appurtenances for public or private sewer, water, drainage, gas, electricity, telephone, television, and other utility services to the Units; (ii) for the purpose of completing the construction of the Buildings, Units and other improvements on the Phase I Property and Additional Property; and (iii) to erect, maintain, and remove signs advertising Units for sale or lease within the Property. D. Easement for Support. Each Unit and the Common Elements shall have an easement for lateral and subadjacent support from every other Unit and the Common Elements. E. Additional Easements. The Board of Directors of the COA shall have the power (without submitting the same to the Unit Owners for approval) to authorize the appropriate officers of the COA to execute any and all easements as it may deem desirable for the benefit of the Unit Owners over, under, above or through any of the Common Elements for such purposes and upon such terms as the Board, in its sole judgment, deems desirable. PROVIDED, HOWEVER, all such easements shall be subordinate to the liens and rights of all mortgages and deeds of trust recorded prior in time thereto unless the mortgagee or trustee shall join therein. F. Upkeep, Maintenance, repair and replacement of the Common Elements and of the Units shall be as provided for in this Declaration, the Bylaws and the Act, notwithstanding boundaries of Units and Common Elements. Each Unit Owner shall afford to the COA and the other Unit Owners, and to their agents or employees, access across his or her Unit reasonably necessary for those purposes. If damage is inflicted on the Common Elements or any Unit through which access is taken, the Unit Owner responsible for the damage, or the COA, if it is responsible, shall promptly repair such damage. ARTICLE VI: DAMAGE OR DESTRUCTION A. Common Elements. Any portion of the Common Elements which is damaged or destroyed shall be promptly repaired or replaced by the COA unless: 1. repair or replacement would be unlawful, or 2. the Condominium is terminated. B. Units. A portion of any Unit which is damaged or destroyed shall be promptly repaired or replaced by the Owners of such Unit, unless: DECLARATION OF CONDOMINIUM CEDAR RIDGE TOWNHOMES Page 9 1. repair or replacement would be unlawful, or 2. a majority of the Unit Owners, including the Owners of all Units and all Owners of exclusive rights to Limited Common Elements which will not be rebuilt, vote not to rebuild, or 3. the Condominium is terminated. ARTICLE VII: TERMINATION OR CONDEMNATION A. Requirements for Termination. The Condominium may be terminated only by the recorded agreement of the Unit Owners to which 100 percent of the votes by Percentage Interest appertain, together with the written approval of 100 percent of the Institutional Mortgagees. The prior written approval of the Institutional Mortgagees shall not be required for abandonment or termination as provided by the statute, this Declaration, the Bylaws, or otherwise in case of substantial destruction or other casualty or in case of a taking by condemnation or eminent domain. B. Distribution of Proceeds Upon Termination. Subsequent to termination of the Condominium the entire Property shall be deemed to be owned in common by all of the Unit Owners in the same proportions as previously established for ownership of the Common Elements. After termination the Condominium shall be subject to an action for partition at the suit of any Unit Owner or the holder of any lien thereon, in which event the net proceeds of the sale, together with the net proceeds of any insurance paid to the COA or to the Unit Owners in common, shall be considered as one fund and shall be divided among all of the Unit Owners in proportion to their Percentage Interests as set forth in Exhibit D to the Declaration. PROVIDED HOWEVER, that before any proceeds of sales are made to any Unit Owner, all mortgages and liens imposed upon the Unit and all liens imposed upon the Unit by the COA shall be satisfied of the share otherwise payable to said Unit Owner. ARTICLE VIII: INSURANCE A. Casualty Insurance. In order to ensure that sufficient reconstruction or repair funds, or both, will be available to the Association if and when needed, the Board of Directors shall insure the Common Elements that are normally included in coverage, in such amounts as it shall determine, to provide not less than one hundred percent (100%) of the current replacement value (exclusive of foundations, land, excavations, and other items that are normally excluded from insurance coverage) in the event of damage or destruction from the casualty against which such insurance is obtained. Such insurance shall protect against fire and all other hazards or perils customarily covered for similar types of condominiums and the proceeds of such insurance shall be used only for the repair, replacement and reconstruction of the Common Elements unless determined otherwise in accordance with Article VII. The Board of Directors may elect such endorsements and deductible provisions as are, in its judgment, consistent with good business practice and the purpose for which the insurance is bought. DECLARATION OF CONDOMINIUM CEDAR RIDGE TOWNHOMES Page 10 Policies of casualty insurance hereunder shall name the Association as the insured and the person to which payment is to be made as trustee on behalf of the Unit Owners and lienholders as their interests may appear. A policy shall provide that it may not be cancelled or substantially changed, except upon at least ten (10) days' written notice to the insured. B. Liability Insurance. The Board of Directors of the Association shall also purchase broad form comprehensive liability coverage in such amounts and in such forms as prudent condominium management practice suggests. A policy shall provide that it cannot be cancelled or substantially changed, except upon at least ten (10) days' written notice to the insured. C. Fidelity Coverage. The Association shall have fidelity coverage against dishonest acts on the part of the Directors, managers, employees and volunteers responsible for handling funds belonging to or administered by the Association in such amounts and in such forms as prudent condominium management practices suggest. A policy shall provide that it cannot be cancelled or substantially changed, except upon at least ten (10) days' written notice to the insured. D. Premiums. Premiums and expenses for all insurance and fidelity coverage purchased by the Association shall be Common Expenses. Where insurance premiums are increased as a result of increased risk attributable to a particular Unit, the Unit at issue shall be responsible for the increase, based upon the insurance carrier's appraisal of risk inherent to said Unit. A levy made against a Unit for an increase in premiums may be enforced in the same manner as Common Expenses. E. Separate Insurance. No insurance purchased by the Association shall in any way prejudice the right of each Unit Owner to obtain insurance for his or her own Unit and the property therein for his or her own benefit, nor shall the insurance purchased by the Owner prejudice the Association's rights and protection under policies purchased by the Association under this Declaration. All such separate policies of insurance obtained by a Unit Owner shall contain a waiver of subrogation if available. F. Deficiencies in Proceeds. In the event that the cost of repair or replacement is in excess of insurance proceeds, the excess amount required to repair and/or replace each Building shall be a Common Expense. G. Lender Requirements. Notwithstanding any provision herein to the contrary, all policies of insurance for Casualty, Liability and Fidelity shall be consistent with the insurance requirements of the Federal National Mortgage Association (Fannie Mae) for similar types of condominiums. ARTICLE IX: THE CONDOMINIUM ASSOCIATION A. Authority. The business affairs of the Condominium shall be managed by the COA. The COA shall be governed by the Bylaws, as they may be amended from time to time. DECLARATION of CONDOMINIUM CEDAR RIDGE TMNHomm Page 11 B. Membership and V2ting1 The legal Owners of each Unit shall be members of the Association, and the Association shall at all times consist exclusively of all the Owners or, following termination of the Condominium, Owners then owning as tenants in common. Each Unit Owner's membership shall terminate upon the transfer of that Owner's interest in the Unit. Unit Owners shall be entitled to one (1) vote equal to the undivided Percentage of the Common Elements pertaining to their Unit as Exhibit D to this Declaration. C. Powers. The COA shall have all of the powers, authority, and duties permitted pursuant to the Act necessary or appropriate to conduct the business and affairs of the Condominium and collect assessments described in the Declaration and Bylaws. D. Declarant's Control. Declarant will transfer control of the Association at such time as he shall decide in his sole discretion, but in no event, no later than the earlier of. (a) 120 days after the date by which seventy-five percent (75%) of the Units have been conveyed to initial Unit Owners by the Declarant; or (b) seven (7) years from the date of conveyance of the first Unit by the Declarant; or (c) voluntary relinquishment in writing by the Declarant. Until such time as Declarant shall transfer control of the COA, Declarant shall appoint the Directors and may direct, modify, or veto any action of her Board of Directors. Declarant may, for so long as he is the Owner of a Unit, exercise, with respect to such ownership, all ownership rights granted pursuant to this Declaration, and the Bylaws. As long as Declarant retains control of the COA, no person may record any declaration of covenants, conditions and restrictions or declaration of condominium or similar instrument affecting any portion of the Condominium without Declarant's written consent thereto, and any attempted recording without compliance herewith shall result in such or similar instrument being void and of no force and effect unless subsequently approved by recorded consent signed by the Declarant. E. Power of Attorney. Every Unit Owner irrevocably appoints Declarant, his heirs or assigns, for so long as he is in control of the Condominium, and thereafter, the COA and its authorized agents, as their attorney -in -fact to represent the Owners in any proceedings, negotiations, settlements, claims with respect to handling any losses, proceeds, actions, destruction, liquidation or termination of the Condominium. This appointment shall be deemed a power coupled with an interest and shall survive a Unit Owner's death, or dissolution. F. Maintenance. The Association shall maintain and keep in good repair at all times the Common Areas, including, without limitation, Juniper Drive until such roadway or portions thereof are accepted by the City, the mailbox area, recreation facilities, sewage collection and treatment system (including the force main running under Juniper Drive from Patchen Road to the Condominium's private roadway and the pump station located on the Additional Property), water systems, stormwater drainage system (including all catch basins, closed lines and the detention pond located on the Phase I Property and the Additional Property), lighting, landscaping, open space, utility lines and facilities, and including the Limited Common Areas, except for such maintenance of the Limited Common Property as the Board of Directors shall, from time to time, delegate to the Unit Owners appurtenant thereto and until such time as the City shall accept responsibility for such Property. The Association shall also be responsible for all snow removal from the Condominium's private roadway, all DECLARATION of CONDOMINIUM CEDAR RIDGE TMNHomm Page 12 driveways, walkways, the mailbox area, and that portion of Juniper Drive which will be dedicated to the City, until such time as the City of South Burlington assumes responsibility for snow removal on such portion of Juniper Drive. The maintenance shall be performed in a manner consistent with the Property -Wide Standard. In addition, the Association shall have the right, but not the obligation, to maintain property not owned by the Association where the Board has determined that such maintenance would benefit the Owners and the Association shall have the obligation to maintain such Property not owned by the Association as required by any permit or approval of the Project by any governmental agency. ARTICLE X: COMPLIANCE AND DEFAULT A. Compliance. Each Unit Owner shall be governed by and with, all of the provisions of the Declaration and Bylaws and any resolutions, rules, or regulations by the Board of Directors of the Association, as the same may be amended from time. In addition to the remedies provided by the Act, the Declaration, or the Bylaws, the failure of a Unit Owner to comply with any of said requirements shall entitle the Association acting through its Board of Directors or through its agent or an aggrieved Unit Owner, to the following relief after appropriate notice to the defaulting Unit Owner: 1. Liability. A Unit Owner shall be liable for the expenses of any maintenance, repair, or replacement rendered by the Unit Owner's act, neglect, or carelessness or by that of any employees, agents, lessees, or other invitees. No Unit Owner shall conduct any activity which may result in an increase in insurance rates occasioned by use, misuse, occupancy, or abandonment of a Unit or its appurtenances, or of the Common Elements. 2. Fines. The Board of Directors of the Association shall have the right to impose upon a defaulting Unit Owner a reasonable fine, commensurate with the severity of the violation of any of the provisions of the above -referenced documents, which fine shall become a continuing lien against the Unit of the defaulting Unit Owner enforceable in the manner provided by the Act and the Bylaws. 3. Injunctions. The Board of Directors of the Association or any aggrieved Unit Owner shall have the right or remedy by appropriate legal proceedings, either at law or in equity, to abate or enjoin the continuance of any violation of the provisions of the above -referenced documents, including, without limitation, an action to recover any sums due for money damages, injunctive relief, foreclosure of the lien for payment of all assessments, any combination thereof, and any other relief afforded by a court of competent jurisdiction. Such remedies shall be deemed cumulative and shall not constitute an election of remedies. The failure of the Association or its Board of Directors to enforce any rights, covenants, or conditions of the Condominium shall not constitute a waiver of the right to enforce such rights, covenants, or conditions in the future. There shall be and there hereby is created and declared to be, a conclusive presumption that any violation or breach, or any attempted violation or breach, of any DECLARATION OF CONDOMINIUM CEDAR RIDGE TOWNHOMES Page 13 of the covenants and restrictions of the Declaration or Bylaws shall so damage the community and its property values that it cannot be adequately remedied by action at law or exclusively by recovery of damages. 4. Costs and Attorneys' Fees. In any proceeding of an alleged failure of a Unit Owner to comply with the terms of this Declaration, the Bylaws, or the Rules and Regulations of the Association, the prevailing party shall be entitled to recover the costs of the proceeding and reasonable attorneys' fees. B. Rights of the Unit Owner. Each Unit Owner shall have a right of action against the COA for failure of the COA to comply with the provisions of the Project Documents or the decisions made by the COA. C. Waiver. No provision of this Declaration shall be deemed to have been waived by reason of any failure to enforce regardless of the occurrence of violations or breaches from time to time. ARTICLE XI: DECLARANT'S RESERVED RIGHTS AND POWERS A. Easement for Completion. The Declarant hereby reserves for himself and his heirs and assigns, easements, rights of way, and licenses, and the right to grant easements, rights of ways and licenses, over, under, across and through all of the Phase I Property and Additional Property for the purpose of. (i) completing the improvements to the Phase I Property and Additional Property described in this Declaration, including roads, driveways, sewer lines, stormwater drainage systems, parking areas, sidewalks, fences, trees, shrubs, landscaping, and utility lines, equipment and improvements, and for the purpose of sales activities, such as erecting signs advertising the Condominium; (ii) providing utility service to the property; and (iii) compliance with permits, laws, rules, regulations, ordinances and other governmental requirements. B. Alteration of Units or Buildings. Declarant reserves the right to alter the design and arrangement of the Units and Buildings, said right to last as long as the Declarant controls the Association or owns any of the Units or Buildings so altered. If Declarant shall make any such alterations, they shall be reflected in an amendment to this Declaration. The Declarant may make any structural alterations within or affecting any Unit, so long as Declarant owns said Unit, without the prior written consent of the Board of Directors. C. Amendment to Enlarge Condominium. The Declarant reserves for himself and his heirs and assigns, the absolute right, which may be exercised at any time or from time to time in the Declarant's sole discretion, to develop and improve all of the Phase I Property. The location and configuration of the Buildings proposed for the Property on Exhibit B may be modified by the Declarant in his sole discretion. Declarant also reserves the right, in his sole discretion, at any time or from time to time to amend this Declaration to subject the Additional Property to this Declaration DECLAR4TION OF CONDOMINIUM CEDAR RIDGE TOWNHOMES Page 14 D. Easement for Further Development. Declarant hereby reserves for himself and his heirs and assigns, without restriction or limitation, perpetual non-exclusive easements, rights of way, and licenses, and the right to grant easements, rights of way and licenses, over, under, across and through all of the Phase I Property and Additional Property for the purpose of storing building materials and supplies and equipment used in improving the Property; construction, maintenance, repair, replacement of Buildings, roads, driveways, sidewalks, pedestrian trails, fences, trees, shrubs, landscaping, utility lines, equipment and other improvements included as part or necessary to serve the portion of the Property being developed by Declarant and any Buildings located thereon; making future connections, hookups, and tie ins to utility lines, equipment, and other improvements constructed to serve the Property, the Buildings or other improvements located thereon. The easements, rights of way and licenses reserved hereunder shall be sufficient in scope to permit development, use and occupancy on the Phase I Property and Additional Property of as many Buildings and Units as the Declarant in his sole discretion shall determine. E. Permits and Approvals for Further Development. Each Owner acknowledges, by acceptance of a Condominium Deed, that the Declarant has the right to develop 92 Units on the Phase I Property and Additional Property, and that the Declarant may also, in the future, seek to develop the Phase I Property or Additional Property in a different manner, subject to the specific limitations set forth in this Declaration. In such event, the Association, the Unit Owners and their mortgage holders shall cooperate with and assist the Declarant in obtaining governmental permits and approvals necessary or appropriate for the development, use and occupancy the Phase I Property and Additional Property, irrespective of the number, size and location of the improvements proposed by the Declarant. Neither the Association nor any Unit Owner or mortgage holder shall oppose, object or otherwise interfere with any such application or any such use or development by the Declarant. The Declarant shall have and hereby reserves the right to be the sole applicant for such permits and approvals, and the Owners and their mortgage holders shall execute any instruments necessary or appropriate to confirm such right. Nothing contained in this Declaration is intended to establish any general right to require the Declarant to develop, use or occupy any portion of the Phase I Property or Additional Property in any particular manner, it being understood that the development plans for such properties are completely within the sole discretion of the Declarant, unless otherwise specified in this Declaration. F. Amendments Under this Article. Any amendment to this Declaration permitted by this Article need be signed and acknowledged only by the Declarant, and it shall be deemed that the Association, Unit Owners, lienholders or mortgage holders have voted for such amendment or amendments. In addition, prior to the sale of any Units, the Declarant may make whatever amendment he deems advisable, in his sole discretion, without the consent of any person. DECLARATION of CONDOMINIUM CEDAR RIDGE TowNHomES Page 15 ARTICLE XII: ENVIRONMENTAL RESTRICTIONS A. Use of Property ject to Permits. The Property may be used and conveyed only in accordance with the conditions of the Vermont Land Use Permit for the development of the Property and the permit and approvals referenced therein, and the City of South Burlington Final Zoning and Subdivision Approval; all protective covenants and easements and rights of way for utilities of record; and as all of the foregoing may be amended from time to time. B. Promulgation of Rules and Regulations. The Board of Directors may, from time to time, without consent of the members, promulgate, modify, or delete use restrictions and rules and regulations applicable to the Units and the Common Property. Such rules and regulations and use restrictions shall be binding upon all Owners and occupants until and unless overruled, cancelled, or modified in a regular or special meeting by the vote of the members holding a majority of the total votes in the Association. Such rules and regulations and use restrictions may impose stricter standards than those contained in this Section. The Association, acting through its Board of Directors, shall have standing and the power to enforce such standards. C. Satellite Dishes. All satellite dishes and antennae shall be sufficiently screened. D. Lighting_ Except for seasonal decorative lights, all exterior lights must be installed and used in a manner which will not unduly disturb surrounding Unit Owners and must be approved by the Board of Directors. E. On -Site Fuel Storage. No on -site storage of gasoline, heating, or other fuels shall be permitted on any part of the Property, except for propane, and not more than five (5) gallons of other fuel stored on each Unit for emergency purposes and operation of lawn mowers and similar tools or equipment. F. Outbuildings. No structures of a temporary character, tents, shacks, barns, trailers, garages, unfinished basements, or other outbuildings shall be occupied as living quarters on the Property. G. Parking. No unregistered motor vehicle, or any boat, boat trailer, snowmobile, snowmobile trailer, camper, truck (other than pick-up trucks), or recreational vehicle may be parked, stored, or maintained on any portion of the Property, including garages, as garages are to be used for the parking of motor vehicles only. The parking of motor vehicles along the roadway or in other spaces which have not been designated for parking shall be strictly prohibited. The Rules and Regulations approved by the Board of Directors may establish appropriate penalties for parking violations. H. Rubbish, Trash and Garbage. All rubbish, trash, and garbage shall be stored in containers in enclosed areas and regularly removed from the Property. There shall be no burning of trash. DECLARATION OF CONDOMINIUM CEDAR RIDGE TOWNHONES Page 16 I. Nuisance. It shall be the responsibility of each Owner to prevent the development of any unclean, unhealthy, unsightly, or unkempt condition within his or her Unit and Limited Common Areas. No noxious or offensive activity shall be carried on upon any Unit or the Common Areas. There shall not be maintained any plants or animals or device or thing of any sort whose activities or existence in any way are noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of the Property. J. Use of Motor Vehicles Restricted. No motor vehicles may be used on any portion of the Common Areas, except roadways and driveways, or for authorized and emergency maintenance purposes. K. Occupants Bound. All provisions of the Declaration and any rules and regulations or use restrictions promulgated pursuant thereto which govern the conduct of Owners and which provide for sanctions against Owners shall also apply to all occupants of the Property. L. Leasing* Units may be leased for residential purposes. All leases shall have a minimum term of six (6) months. All leases shall require, without limitation, that the tenant acknowledge receipt of a copy of the Declaration, Bylaws, use restrictions, and Rules and Regulations of the Association. The lease shall also obligate the tenant to comply with the foregoing and shall provide that in the event of noncompliance, the Board, in addition to any other remedies available to it, may, in the event the Owner shall fail to initiate and reasonably maintain an action to evict the tenant after written request to do so by the Association, evict the tenant on behalf of the Owner and specifically assess all costs associated therewith against the Owner and the Owner's property. M. Wetlands. No vegetation or wildlife located in any wetland areas on the Common Property shall be disturbed, except as otherwise approved in the Conditional Use Determination for the Property issued by the State of Vermont, and there shall be no construction or disturbance in the wetland buffer zone depicted on the Site Plan except as permitted by the Vermont Wetland Regulations. N. No Hazardous Use or Waste. Nothing shall be done or kept in any Unit or on the Common Area which will increase the rate of insurance for the Property or any part thereof applicable for residential use. No Unit Owner shall permit anything to be done or kept in his or her Unit or on the Common Area which will result in the cancellation of insurance on the Property or any part thereof or which would be in violation of any law, regulation or administrative ruling. No waste shall be committed in the Common Area. O. Animal Control. All dogs and other domestic pets shall be in the control of the Owner at all times while on the Property. Owners are responsible for immediate cleanup of any waste in the public thoroughfares and/or damage to Common Area. Owners are also responsible for all impoundment costs incurred in the control of dogs or other domestic animals while on the Common Area. In addition, Unit Owners are subject to the animal control ordinances of the City of South Burlington. DECLARATION OF CONDOMINIUM CEDAR RIDGE TOWNHOHES Page 17 P. Energy Conservation Measures. 1. Without the prior written consent of the Vermont District #4 Environmental Commission, or its successor, no alteration may be made to any Unit or other Building which would reduce the effect of the water -conserving plumbing fixtures or insulation, including low -flush toilets, low -flow showerheads, and aerator or flow -restricted faucets. All leases shall require maintenance of same. 2. All heated structures shall be constructed with insulation to an R-value of at least R-19 in the exterior walls, at least R-3 8 in the roof or cap, and at least R-10 around the foundation or slab. All slabs shall be thermally sealed from the foundation. All residential buildings shall have Thermopane windows. The lighting fixtures in any utility buildings shall have energy efficient ballasts. The installation or use of electricity as a primary heating source is prohibited. Q. Landscaping_ The Association shall continually maintain all Common Areas, facilities, recreational amenities, and landscaping substantially as approved by the City of South Burlington Planning Commission and the District #4 Environmental Commission. All dead or diseased landscape plantings shall be replaced as soon as seasonably possible. R. Amendments. No amendment of this Article shall be effective without the prior written consent of the Vermont District #4 Environmental Commission. ARTICLE XIII: AMENDMENTS A. Proposal of Amendments. Amendments to this Declaration and the Bylaws may be proposed only by Declarant, the Board of Directors, or by petition signed by Unit Owners representing at least 25 percent of the total votes of the Unit Owners. A description of any proposed amendment shall accompany the notice of any regular or special meeting at which such proposed amendment is to be voted upon. B. Method of Amendment. Except in cases for which the laws of Vermont or this Declaration provide different methods of amendment or require a larger majority, the Declaration and Bylaws may be amended only by the agreement of at least 75 percent of the Unit Owners. Notwithstanding the foregoing, no amendment shall become effective which in any way reduces the rights granted to Institutional Mortgagees as are affected thereby without the express written consent of each such affected Institutional Mortgagee, and no amendment shall become effective which limits the rights granted to Declarant by this Declaration or by the Bylaws without the express written concurrence of Declarant to such amendment. C. Amendments Required by Institutional Mortgagees. The Declaration and the Bylaws may be amended by the Declarant for so long as he shall retain control of the COA, and thereafter by affirmative vote of a majority of the Board of Directors of the COA at any regular or special meeting, without further action of the Unit Owners or Mortgagees where such amendment is necessary in order to comply with any requirement of an Institutional Mortgagee, any law, regulation, ordinance, or judicial determination, or if such amendment is DECLARATION OF CONDOMINIUM CEDAR RIDGE TMNHomm Page 18 necessary to enable a licensed title insurance company to issue title insurance coverage with respect to any Unit. Further, for so long as he retains control of the Association, Declarant may unilaterally amend this Declaration and/or the Bylaws for any other purpose, provided however, no such amendment shall materially adversely affect the substantive rights of any Unit Owner or Institutional Mortgagee. Declarant, for so long as he shall maintain control, and thereafter the Board of Directors, is hereby designated as attorney -in -fact for all of the Unit Owners and Mortgagees to adopt such amendments and to authorize one or more of the officers of the COA to execute any and all documents necessary and proper to accomplish such amendment. This appointment shall be deemed a power coupled with an interest and shall survive a Unit Owner's disability, death, or dissolution; PROVIDED, HOWEVER, that where such an amendment in any way reduces the significant rights granted to any Institutional First Mortgagee by the Declaration or Bylaws, the concurrence of all such affected Institutional Mortgagees to such amendment shall be required; and FURTHER PROVIDED, that where such an amendment in any way reduces the rights granted to Declarant by the Declaration or the Bylaws, the written concurrence of the Declarant to such amendment shall be required. D. Individual's Consent. .Except as otherwise provided herein, no amendment which alters the dimensions of any Unit or which alters the percentage of the Common Element Interest to which any Unit is entitled or the Limited Common Elements appurtenant to a Unit shall be valid unless the same has been signed or consented to by the Unit Owner so affected. ARTICLE XIV: RIGHTS RELATED TO MORTGAGEES A. Notice of Action. Upon written request to the COA from any Institutional Mortgagee, identifying its name and address and the Unit number or address, such Institutional Mortgagee shall be entitled to timely written notice of: 1. any condemnation loss or any casualty loss which affects any material portion of the Project or any Unit Estate on which there is a first mortgage held, insured or guaranteed by such qualified requesting party; 2. any delinquency in the payment of assessments or other charges by an Owner of a Unit subject to a first mortgage held or insured by such party, which delinquency remains uncured for a period of sixty (60) days; 3. any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the COA; or 4. any proposed action which would require the consent of a specified percentage of Institutional Mortgagees. DECLARATION OF CONDOMINIUM CEDAR RIDGE TMNHomm Page 19 B. Special Voting Rights of Institutional Mortgagees. Any action with respect to the Project including, but not limited to, amendment to the Project Documents, restoration or repair after partial or total condemnation or casualty loss, or termination of the legal status of the Project under the Declaration, requiring the votes of the Owner shall also require the consent of Institutional Mortgagees holding mortgages on Unit Estates which represent at least fifty one percent (51%) of the mortgages of Institutional Mortgagees on the Property; provided, however, that in the case of a termination of the Project as a condominium not made as a result of destruction, damage or condemnation, the applicable percentage shall be sixty seven percent (67%) instead of fifty one percent (51 %). C. Failure to Provide Negative Responses. For the purposes of Section B above and any voting requirements for Institutional Mortgagees in Article XIII, an Institutional Mortgagee who receives a written request to approve action in accordance with Section B or Article XIII, delivered by certified or registered mail, return receipt requested, shall be deemed to have consented to such action unless said Mortgagee provides a negative response to the COA within thirty (30) days of the date of receipt by the Mortgagee of the written request. ARTICLE XIII: MISCELLANEOUS A. Invalidity. If any provision of this Declaration is held invalid, the invalidity thereof shall not affect other provisions of this Declaration which can be given effect without the invalid provisions and to this end the provisions of this Declaration are severable. B. Headings. The headings in this Declaration are for purposes of reference only and shall not limit or otherwise affect the meaning thereof. C. Agent. The person who shall receive service of process as required by the Act is Randall G. Munson, 366 Dorset Street, South Burlington, VT 05403. DECLARATION OF CONDOMINIUM CEDAR RIDGE TMNHomm Page 20 IN WITNESS WHEREOF the Declarant has caused this Declaration to be executed this day of , 1996. WITNESSES: DECLARANT: Randall G. Munson STATE OF VERMONT COUNTY OF CHITTENDEN, SS. BEFORE ME, the undersigned authority, personally appeared Randall G. Munson, to me known, and he acknowledged the foregoing instrument, by him signed and sealed, to be his free act and deed. Dated at 1996. DECLARATION of CONDOMINIUM CEDAR RIDGE TOWNHomES Vermont this day of Notary Public My commission expires: 2/10/99 Page 21 EXHIBIT A (PROPERTY DESCRIPTION) The Property of the Cedar Ridge Townhomes consists of a certain parcel of land, together with buildings and other improvements now or hereafter located thereon, and all easements, rights, and appurtenances now or hereafter belonging thereto in the City of South Burlington, County of Chittenden, State of Vermont, as depicted as "Phase I," on a Plat entitled "Cedar Ridge Townhomes, Patchen Road, South Burlington, Vt., Phase I," prepared by Trudell Consulting Engineers, dated , and recorded at Map Book _, Page _ of the City of South Burlington Land Records, the "Property". Being a portion of the same lands and premises conveyed to Randall G. Munson by Warranty Deed of Munson Earth Moving Corporation, dated March 23, 1976, recorded at Volume 126, Pages 396-398 of the City of South Burlington Land Records and further described as follows: The Property is subject to all covenants, conditions, restrictions, easements, and rights of way as referenced in the above referenced deed depicted or referenced on the above - referenced Plat and as of record. Reference is hereby made to the above -referenced Plat and instruments and the records thereof and references therein contained in further aid of this description. DECLARATION OF CONDOMINIUM CEDAR RIDGE TOWNHomm Page 22 EXHIBIT B MASTER SITE PLAN DECLARATION OF CONDOMINIUM CEDAR RIDGE TOw1VHOHEs Page 23 EXHIBIT C FLOOR PLANS DECLARATION OF CONDOMINIUM CEDAR RIDGE TOWNHOMES Page 24 EXHIBIT D SCHEDULE OF ASSIGNED VALUES AND PERCENTAGE INTERESTS ASSIGNED PERCENTAGE OF COMMON ELEMENT UNIT NO. ASSIGNED VALUE INTEREST PER UNIT 3A $125,000.00 11.80% 3B $125,000.00 11.80% 3 C $125,000.00 11.80% 3D $125,000.00 11.80% 4A $149,083.00 14.07% 4B $130,734.00 12.33% 4C $130,734.00 12.33% 4D $149,083.00 14.07% Total $1,059,634.00 100.00% In the event the Declarant elects to expand the Condominium by adding Units to the Phase I Property or adding Units to the Additional Property as provided in Articles IV and XI of the Declaration, the Percentage Interest appurtenant to each Unit of the Condominium shall be reestablished in accordance with the following formula: Vu = Pu A Pu = Percentage Interest of all Units to be determined by multiplying the number of Units by the respective values set forth above. Vu = Valuation of the respective Unit to be determined by the values set forth above. A = Aggregate Valuation of all Units existing in the Condominium and added to the Condominium as provided in this Declaration. The following chart is an example of the adjustments that might be made in Percentage Interests when Building Nos. 5 and 6 are added to the Phase I Property . (However, the exact adjustment of Percentage Interests is not subject to calculation until the exact number of all Units to be added to the Condominium and their values are established.) In the event that an addition of Units results in a calculation of Percentage Interests in accordance with the above formula which do not total 100 percent, the amount necessary to bring such total to 100 percent shall be allocated by the Board of Directors. DECLARATION OF CONDOMINIUM CEDAR RIDGE TOWNHOMES Page 25 SCHEDULE OF ASSIGNED VALUES AND PERCENTAGE INTERESTS WHEN BUILDING NOS. 5 AND 6 ARE ADDED ASSIGNED PERCENTAGE OF COMMON ELEMENT UNIT # ASSIGNED VALUE (EST. INTEREST PER UNIT (EST.) 3A $125,000.00 05.90% 3B $125,000.00 05.90% 3C $125,000.00 05.90% 31) $125,000.00 05.90% 4A $149,083.00 07.03% 4B $130,734.00 06.17% 4C $130,734.00 06.17% 41) $149,083.00 07.03% 5A $149,083.00 07.03% 5B $130,734.00 06.17% 5C $130,734.00 06.17% 51) $149,083.00 07.03% 6A $125,000.00 05.90% 6B $125,000.00 05.90% 6C $125,000.00 05.90% 61) $125,000.00 05.90% Total $2,119,268.00 100.00% DECLARATION OF CONDOMINIUM CEDAR RIDGE TOWNHOMES Page 26 State of Vermont CASE NO: APPLICANT: ADDRESS: LAND USE PERMIT AMENDMEN-17 4CO503-8 - South Burlington Realty Co_ 366 Dorset Street South Burlington, VT 05403 LAWS/REGULATIONS INVOLVED 10 V.S.A.,Chapter 151 (Act 250) District Environmental Commission #4 hereby- issues a Land Use Permit Amendment 94C0503-8 pursuant to the authority vested in it in 10 V.S.A., Chapter 151. This permit amendment applies to the lands identified in Book 126, pages 337-340 of the land records of the City of South Burlington, Vermont, as the subject of a deed to South Burlington Realty Company, the "Permittee" as "Grantee." This permit specifically extends the construction completion date to November 1, 1998 on the previously approved authorization for roadway and infrastructure improvements for the project located off Dorset Street in the City of South Burlington, Vermont. The Permittee, and its assigns and successors in interest, are obligated by this permit to complete and maintain the project only as approved by the District Commission in accordance with the following conditions: 1. All conditions of Land Use Permit 94C0503 and amendments remain in full force and effect except as amended herein. 2. This permit specifically extends the construction completion date to November 1, 1998. 3. Pursuant to 10 V.S.A. Section 6090(b) (effective June 21, 1994), this permit amendment is hereby issued for an indefinite term as long as there is compliance with the conditions herein. 4. Failure to comply with any of the above conditions may be grounds for permit revocation pursuant to 10 V.S.A., Section 6090 (b). 5. Prior to the construction of any buildings on the land subject to this permit, the Permittee shall submit a land use permit amendment application. This application shall include, but not be limited to, a traffic impact analysis based on conditions which exist at the time the application is submitted. Page 2 Land Use Permit #4C0503-8 South Burlington Realty Company Dated at Essex Junction, Vermont, this /3 day of December, 1996. BY e_ J C. Drake, Chairman for the District 94 Commission Commissioners participating in this decision: Thomas Visser Helen Toor xpermit/eb CERTIFICATE OF SERVICE I hereby certify that I, Edie Bowen, Administrative ,Secretary for the Environmental Board, Essex Junction District Commission Office, sent a copy of the foregoing Land Use Permit #4C0503-8, by U.S. Mail, postage paid, on this / 3 day of December, 1996 to the following: PARTIES: ,,John Jaeger South Burlington Realty Company 366 Dorset Street South Burlington, VT 05403 Margaret Picard, City Clerk Chair, City Council Chair, Planning Commission City of South Burlington 575 Dorset Street South Burlington, VT 05403 Chittenden County Regional Planning Commission PO Box 108 Essex Junction, Vermont 05453 Land Use Attorney Agency of Natural Resources 103 South Main St. - 2 Center Waterbury, Vermont 05671-0301 FOR YOUR INFORMATION District #4 Environmental Commission John C. Drake Thomas Visser Helen Toor 111 West Street Essex Junction, Vermont 05452 Dated at Essex Junction, VT t s /3 da f December, 1996. cs4C0503/eh V7 e State of Vermont LAND USE PERMIT CASE NO 4C0997 LAWS/REGULATIONS INVOLVED APPLICANT Randall G. Munson 10 V.S.A., Chapter 151 ADDRESS d/b/a South Burlington Realty Co. (Act 250) 366 Dorset Street South Burlington, VT 05403 District Environmental Commission #4 hereby issues Land Use Permit 4C0997, pursuant to the authority vested in it by 10 V.S.A., Chapter 151. This permit applies to the lands identified in Book 126, Pages 396, of the land records of the Town of South Burlington, Vermont, as the subject of a deed to Randall G. Munson, the Permittee as Grantee. This permit specifically authorizes the Permittee to construct 92 condominium units in 23 buildings on a 27 acre tract of land on Patchen Road in the City of South Burlington, Vermont. The Permittee, and his assigns and successors in interest, are obligated by this permit to complete, operate and maintain the project as approved by the District Commission in accordance with the following conditions: The project shall be completed, operated and maintained as set forth in Findings of Fact and Conclusions of Law 94C0997, in accordance with the plans and exhibits stamped "Approved" and on file with the District Environmental Commission, and in accordance with the conditions of this permit. No changes shall be made in the project without the written approval of the District Environmental Commission. 2. The District Environmental Commission maintains continuing jurisdiction during the lifetime of the permit and may periodically require that the permit holder file an affidavit certifying that the project is being completed, operated and maintained in accordance with the terms of the permit. 3. By acceptance of this permit, the Permittee agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental and health statutes and regulations and with this permit. 4. By acceptance of the conditions of this permit without appeal, the Permittee confirms and agrees for himself and all assigns and successors in interest that the conditions of this permit shall run with the land and the land uses herein permitted, and will be binding upon and enforceable against the Permittee and all assigns and successors in interest. Land Use Permit 4C0997 Page 2 This permit hereby incorporates all of the conditions of the Water Supply and Wastewater Disposal Permit #WW-4-0949 issued on May 31, 1996 by the Regional Engineer, Division of Wastewater Management, Agency of Natural Resources. 6. The Permittee shall apply and maintain calcium chloride and/or water on all roadways or disturbed areas within the project during construction and until pavement and/or vegetation is fully established to control dust. 7. The Pem- ittee shall apply to the District Environmental Commission for approval for any change in the use of the buildings or land which would cause noxious or unhealthy emissions into the air or injection of toxic wastes into the soils. The Permittee and all assigns and successors in interest shall install and maintain water conserving plumbing fixtures in all residences. The plumbing fixtures shall operate with the following specifications: (1) internal system water pressure of 50 psi maximum, (2) toilets with a maximum of 3.5 gallons per flush, (3) showerheads operating with a maximum of 3 gallons per minute and (4) faucets on sinks and lays shall operate at a maximum of 3 gallons per minute where new fixtures are being installed. 9. The Permittee shall comply with Exhibits 39 and 48 for erosion control. Hay bale dams and silt fences shall be installed as depicted on the plans prior to commencement of construction. All erosion control devices shall be periodically cleaned, replaced and maintained until vegetation is permanently established on all slopes and disturbed areas. The Permittee shall prevent the transport of any sediment beyond that area necessary for construction approved herein. All exterior site work or earth moving between October 1 and April 15 will conform to the winter construction provisions of the Vermont Handbook for Soil Erosion and Sediment Control on Construction Sites. The Permittee shall prepare weekly erosion control reports which shall state that the erosion control devices have been inspected and shall note specific areas where repair or replacement of erosion control devices is necessary. Such reports shall be available for inspection by the District Commission on request. The Commission reserves the right to schedule hearings and site inspections to review erosion control and to evaluate and impose additional conditions with respect to erosion control as it deems necessary. 10. All stumps shall be disposed of on -site above the seasonal high water table or at a State approved landfill so as to prevent groundwater pollution. 11. In addition to conformance with the requirements of condition #10, the Permittee shall not cause, permit, or allow the discharge of waste materials into any surface waters. Compliance with the requirements of this condition does not absolve the Permittee from compliance with 10 V.S.A., Chapter 47, Vermont's Water Pollution Control Law. Land Use Permit 4CO997 Page 3 12. The Permittee and all assigns and successors in interest shall continually maintain the landscaping as approved in Exhibit 38 by replacing any dead or diseased plantings as soon as seasonably possible. 13. Prior to commencement of construction on the site, the Permittee shall flag the property fine in vicinity of units 18, 19, 20 and shall also flag the limits of disturbance in this area. The District Coordinator shall conduct a pre -construction site visit to verify that this flagging has been done. 14. The installation of exterior light fixtures is limited to those approved in Exhibit 38, and shall be mounted no higher than 20 feet above grade level. All exterior lighting shall be installed or shielded in such a manner as to conceal light sources and reflector surfaces from view beyond the perimeter of the area to be illuminated. 15. No exterior signs shall be installed without the prior written approval of the District Commission. 16. All heated structures approved herein shall be constructed to meet Energy Conservation Recommendations of the Vermont Department of Public Service (Exhibit 51) or shall meet the "Four Stars Plus" rating of Energy Rated Homes of Vermont (or an equivalent energy conservation rating by an alternate rating service). Alternatively, the Permittee shall participate in the HomeBase New Construction Program offered by Vermont Gas Systems. 17. The installation and/or use of electric resistance space heating is specifically prohibited without the prior written approval of the District Environmental Commission. 18. Should the town at any time agree to accept any private utilities being then operated by the Permittee and/or assigns and successors in interest, the Permittee and/or assigns and successors in interest shall be responsible to improve the same to Town specifications and shall deed all lands involved with said improvements to the Town. 19. In those portions of the project area in which construction activities will take place, excluding areas encompassed by buildings 1 - 8, an archeological study to identify sites in the impact area will be carried out by a qualified archaeologist prior to construction. The study will be scheduled accordingly so that mitigation measures that may be necessary can be satisfactorily planned and accomplished prior to construction. 20. Topsoil removal, grading, cutting, filling, stockpiling and any other type of ground disturbance is prohibited within the sensitive areas prior to conducting archeological studies without written approval of the District Commission and the DHP. Land Use Permit 4CO997 Page 4 21. Archaeological sites within the project area will not be impacted until any necessary mitigation measures have been carried out. Mitigation may include, but is not limited to, further site evaluation, data recovery, redesign of one or more proposed project components, or specific conditions that may be imposed during construction (i.e. installation of temporary snow fencing, etc.). 22. Proposed mitigation measures will be discussed with and approved by the DHP prior to implementation, and a copy of all mitigation proposals will be filed with the Commission. The archaeological studies will be filed with the Commission. The archaeological studies will result in one or more final reports, as appropriate, that meet the DHP's Guidelines for Conducting Archaeological Studies in Vermont. Copies will be submitted both to the Division and to the Commission. 23. All archaeological studies and assessments must be conducted by a qualified consulting archaeologist and must follow the Guidelines for Conducting Archaeological Studies in Vermont. The Permittees' archaeological consultant must submit any scope of work to the DHP for review and approval. 24. If the Permittee or the DHP cannot agree in the course of implementing the above conditions, either party can ask the District Commission to reconvene a hearing to resolve outstanding issues. 25. If an archeological site(s) eligible for the State or National Resister of Historic Places is discovered in the course of archeological studies that may be required under this permit, and if the Pere -tee decides to avoid and protect it in -place in perpetuity, the site(s) will be mapped on the official site plan. The update site plan will be submitted to both the Division and the Commission. In consultation with the DHP, the Permittee will draw up and execute deed covenants to protect the site(s) in perpetuity and enter them into the deed. A copy of the deed covenants will be filed with the Commission and the Division. 26. Any new or revised project plans must be submitted to the DHP for its review as soon as they become available. 27. The Commission reserves the right to evaluate and impose additional conditions with respect to Criterion 1- Air Pollution and Criterion 4 - Erosion Control. Specifically, the Commission reserves the right to require monitoring and/or additional control measures for airborne dust and sand if this becomes a problem. The Commission reserves the right for a period of time commencing with the issuance of this permit and expiring November 1, 2000. 28. Each prospective purchaser of any ;ots shall be shown a copy of the approved plot plan, Land Use Permit 4C0997 Page 5 Water Supply and Wastewater Disposal Permit, the Land Use Permit and the Findings of Fact before any written contract of sale is entered into. 29. No further subdivision and/or development of any parcel of land approved herein shall be permitted without the written approval of the District Commission. 30. The Permittee shall reference the requirements and conditions imposed by Land Use Permit 4C0997 in all deeds to said units. 31. All construction on this project must be completed by October 1, 2001. 32. Pursuant to 10 V.S.A. § 6090(b) (effective June 21, 1994), this permit is hereby issued for an indefinite term, as long as there is compliance with the conditions herein. 33. Failure to comply with all of the above conditions may be grounds for permit revocation pursuant to 10 V.S.A., Section 6090(b). Dated at Essex Junction, Vermont, this Members participating in this decision: Tom Visser Susan Wheeler day of November 1996. By jt;(� C. . .1�6n C. Drake Chair District #4 Commission Any appeal of this decision must comply with all provisions of 10 V.S.A. § 6089 and Environmental Board Rule 40 including the submission of the original and ten copies of the following: notice of appeal, a statement of why the appellant believes the commission was in error, a statement of the issues to be addressed in the appeal, a summary of the evidence that will be presented, a preliminary list of witnesses and this decision. Decisions on minor applications may be appealed if a hearing was held by the district commission or timely requested by the appellant. C:\EI30ARD\CASES\4CG997.PMT M L STATE OF VERMONT ENVIRONMENTAL BOARD DISTRICT ENVIRONMENTAL COMMISSION #4 Randall G. Munson d/b/a South Burlington Realty Co. 366 Dorset Street South Burlington, VT 05403 Application #4C0997 Findings of Fact and Conclusions of Law and Order 10 V.S.A., Chapter 151 (Act 250) INTRODUCTION On July 12, 1996, an application for an Act 250 permit was filed by Randall G. Munson for a project generally described as the construction of 92 condominium units in 23 buildings on a 27 acre tract of land on Patchen Road in the City of South Burlington, Vermont. The tract of land consists of 27 acres with 27 acres involved in the project area. The applicant's legal interest is ownership in fee simple described in a deed recorded on March 24, 1976 in the land records of the City of South Burlington, Vermont. Under Act 250, projects are reviewed based on the 10 criteria of 10 V.S.A., Section 6086(a) 1-10. Before granting a permit, the District Commission must find that the project complies vith these criteria and is not detrimental to the public health, safety or general welfare. Decisions must be stated in the form of Findings of Fact and Conclusions of Law. The facts vi-e have relied upon are contained in the documents on file identified as Exhibits 1 through 65, and the evidence received at a hearing held on August 28, 1996. At the end of the hearing, the proceeding was recessed pending submission of additional information. The hearing was adjourned on October 31, 1996 upon receipt of the additional information and completion of Commission deliberations. Parties to this application who attended the hearing are: The Applicant by John Jeager, Tyler Hart, Arthur Gilman, and Philip Linton, Esq. The Chittenden County Regional Planning Commission by Arthur Hogan, Jr., Executive Director. The Entry of Appearance and Pre -Hearing Comments filed by James Cafiry of the Agency of Natural Resources were entered into the record by agreement of the parties. The following persons were granted or denied preliminary party status on the criteria indicated, pursuant to Environmental Board Rule 14(B)(1): Findings of Fact and Conclusions of Law and Order #4C0997 Page 2 Toni Lisman, 32 Larch Road, South Burlington, VT 05403; Admitted: Criteria 1(Air), 5, and 8 - Aesthetics. Nick Bonanno, 36 Arbor Road, South Burlington, Vermont; Admitted: Criteria 1(Air), 5, and 8 - Aesthetics; Denied: Criteria 1(B), 4, 6, and 10. Karen Johnson, 18 Arbor Road, South Burlington, VT 05403; Admitted: Criteria I (Air) and 5. Carolyn Leavitt, 34 Larch Road, South Burlington, VT 05403; Admitted: Criteria 1(Air), 5, and 8 - Aesthetics. The following persons were granted or denied preliminary party status on the criteria indicated, pursuant to Environmental Board Rule 14(B)(2): Home Builders Association of Northern Vermont (HBA), by Kevin Dorn, Executive Officer, P.O. Box 934, Williston, VT 05495 Prior to adjournment the District Commission re-examined its initial party status determinations, pursuant to § 6085(c)(2). Based on this re-examination, the Commission confirmed its initial party status determinations. U. FINDINGS OF FACT Prior to.taking evidence with regard to the 10 criteria of 10 V.S.A. Section 6068(a), the parties agreed that the Applicants had met his burden with respect to Criteria 1(A), 1(C-D), 1(F), 2, 3, 6, 7, 9(A-E), 9(H-L), and 10 by introducing the application into the record. Parties, therefore, waived the taking of evidence at the hearing concerning these criteria. In making the following findings, the Commission has summarized the statutory language of the 10 criteria of 10 V.S.A., Section 6086(a): SECTION 6086(a)(1) WATER AND AIR POLLUTION: The Commission finds that this project will not result in undue air or water pollution. Findings of Fact and Conclusions of Law and Order #4C0997 Page 3 SECTION 6086(a)(1) AIR POLLUTION: The Commission finds that this project will not result in undue air pollution. There will be no process emissions, noxious odors or noise pollution from this project Exhibit 6. 2. The soils on the site area sandy. The entire portion of site proposed for development, approximately 10 acres, will be cleared and graded prior to the installation of infrastructure or roadways. Following the grading, the disturbed area will be seeded and mulched. During construction dust will be controlled through the use of water and/or calcium chloride. Exhibit 6. 4. The applicant may conduct winter construction activities. The Summer Woods condominium development is located adjacent to the proposed project. The distance between the area proposed for clearing and the closest residential unit at Summer Woods is approximately 150 feet. 6. Due to the large amount of land to be cleared and graded at one time and the type of soils present on the site, the Commission will retain jurisdiction regarding the issue of dust control. The Commission will retain the right to require additional dust control or monitoring of dust levels if necessary. SECTION 6086(a)(1)(A) HEADWATERS: The Commission finds that this project is not located in a headwaters area as defined by this section because it is not situated in a drainage area of 20 miles or less, is not above the elevation of 1,500 feet, is not in the watershed of a public water supply, and is not in an aquifer recharge area. SECTION 6086(a)(1)(B) WASTE DISPOSAL: The Commission finds that this project will meet applicable Division of Wastewater Management Regulations and will not result in the injection of waste materials or harmful or toxic substances into groundwater or wells. Findings of Fact and Conclusions of Law and Order #4C0997 Page 4 7. The estimated 35,225 gallons per day of sanitary wastes will be disposed of through connection to the South Burlington Airport Parkway Wastewater Treatment Plant. A Water Supply and Wastewater Disposal Permit has been issued which the Commission accepts as evidence that the disposal of wastes meets applicable Environmental Protection Rules and will not result in the injection of waste materials or harmful substances into groundwater or wells. Exhibit 10. The site is gently to steeply sloping and the soils are sandy. Stormwater runoff from roadways, buildings, and other impervious areas will be directed through overland flow into vegetated terrain and also into catch basins designed to remove floatable and settleable solids. The catch basins will convey the water to a detention pond prior to discharge into the adjacent Class II wetlands. A Discharge Permit has been issued, which the Commission accepts as evidence that the project complies with applicable Department of Environmental Conservation Regulations. Exhibit 65. 9. The Commission will require that all stumps be disposed of on -site above the seasonal high water table or at a State approved landfill so as to prevent groundwater pollution. SECTION 6086(a)(1)(C) WATER CONSERVATION: The Commission finds that the project utilizes the best available technology for water conservation. SECTION 6086(a)(1)(D) FLOODWAYS: The Commission finds that this project will not be located in any floodway or floodway fringe. SECTION 6086(a)(1)(E) STREAMS: The Commission finds that there are no streams associated with this project. 10. There are no streams within 100 feet of any disturbed area of the project. SECTION 6086(a)(1)(F) SHORELINES: The Commission finds that this project will not be located on any shoreline. Findings of Fact and Conclusions of Law and Order 94C0997 Page 5 SECTION 6086(a)(1)(G) WETLANDS: The Commission finds that this project will not violate the rules of the Water Resources Board relating to significant wetlands. 11. The site contains approximately 15 acres of Class Two and Class Three wetlands. 12. The project involves the placement of a detention pond for stormwater runoff in the buffer zone between two Class Two wetlands. The detention pond will impact 3,350 square feet of Class Two wetland buffer. There will be no direct impact to the Class Two or Class Three wetlands. 13. On October 9, 1996 the applicant received Conditional Use Determination # 96-123, issued by the Water Quality Division, Agency of Natural Resources, authorizing the applicant to impact the Class Two wetland buffer. Exhibit 58. SECTION 6086(a)(2 & 3) WATER AVAILABILITY AND IMPACT ON EXISTING SUPPLY: The Commission finds that there is sufficient water available to meet the needs of this project and that it will not place an unreasonable burden on an existing supply. SECTION 6086(a)(4) SOIL EROSION AND THE CAPACITY OF THE LAND TO HOLD WATER: The Commission finds that the construction of the project, if completed as approved, will not cause unreasonable soil erosion or a reduction in the capacity of the land to hold water. 14. The project site is gently to steeply sloping and the soils are sandy. 15. Temporary measures for soil erosion control are depicted on Exhibits 39 and 48. They consist of the placement of sediment control devices such as hay bale dams and silt fences at the downslope of all disturbed areas and at the inlet to all swales, storm drains, and ditches, as shown on the plans. All stockpiled soil will be encircled with a sediment control device. A stabilized construction entrance will be installed and maintained. The general contractor will be responsible for installing and maintaining the erosion controls. The erosion controls will be inspected and repaired as necessary on a weekly basis or after Findings of Fact and Conclusions of Law and Order 94C0997 Page 6 a storm event of 1/2 inch or more. In addition, erosion controls within 50 feet of any wetland areas will be inspected and repaired as necessary on a daily basis. The Commission will require that the Permittee maintain records of the erosion control inspections and that these records be available to the Commission on request. 16. All exterior site work or earth moving between October 1 and April 15 will conform to the winter construction provisions of the Vermont Handbook for Soil Erosion and Sediment Control on Construction Sites. SECTION(a)(5) TRANSPORTATION: The Commission finds that this project will not cause unreasonable congestion or unsafe conditions with respect to transportation. 17. Sight distances at the access of the new access road onto Patchen Road are adequate in both directions. The estimated traffic from the project is approximately 62 PM peak hour trips. This estimate is based on 100 units, while the project is actually 92 units. 18. The Patchen Road/White Street intersection is the nearest intersection which may be affected by the project. This intersection will operate at a level of service (LOS) B with and without the project. 19. The project will be connected to the adjacent Summer Woods condominium development by extending the existing Arbor Road. This will provide an alternative means of access to the project. Because this access route will be longer and more circuitous than using the new access road, it is unlikely that the project will generate significant additional traffic on Arbor Road and the other roads of the Summer Woods development. Testimony of applicant. SECTION 6086(a)(6 & 7) EDUCATIONAL AND MUNICIPAL SERVICES: The Commission finds that this project will not place an unreasonable burden on the ability of the municipality to provide educational, municipal or governmental services. SECTION 6086(a)(8) AESTHETICS, SCENIC BEAUTY, HISTORIC SITES AND NATURAL AREAS: Findings of Fact and Conclusions of Law and Order #4C0997 Page 7 The Commission finds that the project will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites, or rare and irreplaceable natural areas. 20. There are no rare and irreplaceable natural areas which will be affected by this project Exhibit 26. 21. The Division for Historic Preservation has determined that the site is archeologically sensitive. The Division has proposed that conditions be placed in the land use permit which will insure that any archeological sites on the property are either protected in place or are investigated to retrieve important information. The applicant has agreed to these permit conditions and the Commission will place these conditions in the permit. 22. The present site is gently to steeply sloping and predominantly wooded. The majority of the upland portions of the site will be cleared of trees and regraded. Units 18, 19, and 20 are the closest units to the existing Summer Woods development. Unit 18 will be 50 feet from the common property line. The construction of a drainage swale between units 18 and the property line will necessitate clearing of all vegetation up to the property line. Some trees and other vegetation will be left on the Summer Woods side of the property. This vegetation will serve to partially screen the project from Summer Woods. In addition, white pine trees will be planted in this area to create additional screening. Due to the sensitive nature of this portion of the site, the Commission will require by permit condition that, prior to construction, the property line in this area is flagged and the limits of construction are delineated. 23. The project will be landscaped as outlined on Exhibit 38. The Applicant agreed to continually maintain the landscaping as approved. 24. Exterior lighting will consist of 150 watt metal halide cutoff luminaires mounted on 20 foot poles and will be installed as depicted on Exhibit 38. All fixtures will have concealed light sources. 25. The exterior of the buildings will be clapboard and/or shingle. The buildings will be light colored or natural wood, with earthtone shingles. 26. No sign design was submitted. 27. Hours of construction will be 7:00 AM to 6:00 PM, Monday through Friday. Saturday construction may occur during peak periods or for specialized trades. Findings of Fact and Conclusions of Law and Order #4C0997 Page 8 SECTION 6086(a)(8)(a) NECESSARY WILDLIFE HABITAT AND ENDANGERED SPECIES: The Commission finds that this project will not destroy or significantly imperil necessary wildlife habitat or any endangered species. 28. There are no endangered species or areas of necessary wildlife habitat which will be affected by this project. SECTION 6086(a)(9) CONFORMANCE WITH THE CAPABILITY AND DEVELOPMENT PLAN: The Commission finds that this project conforms to the capability and development plan. SECTION 6086(a)(9)(A) IMPACT OF GROWTH: The Commission finds that the municipality will be able to accommodate the total growth and rate of growth that will result from this project. SECTION 6086(a)(9)(B) PRIMARY AGRICULTURAL SOILS: The Commission finds that the project will not result in a reduction of the agricultural potential of any agricultural soils. SECTION 6086(a)(9)(C) FOREST AND SECONDARY AGRICULTURAL SOILS: The Commission finds that the soils on the site do not qualify as forestry or secondary agricultural soils SECTION 6086(a)(9)(D & E) EARTH RESOURCES & EXTRACTION OF EARTH RESOURCES: The Commission finds that as no earth resources have been identified on this site, this project does not involve the interference with nor the extraction of earth resources. Findings of Fact and Conclusions of Law and Order 94C0997 Page 9 SECTION 6086(a)(9)(F) ENERGY CONSERVATION: Findings of Fact 29. The applicant has requested a permit condition requiring compliance with the Residential Building Energy Standards (RBES) Code, which is based upon the Council of American Building Code Officials Model Energy Code 1995 (CABO/MEC) with the Vermont specific modifications as outlined in the "Report of the Governor's Task Force on Energy Efficiency Standards for New Residential Construction, December 1995." Exhibit 6. 30. The RBES Code was developed by the Governor's Task Force and submitted as proposed legislation during the 1996 session of the Vermont General Assembly. The legislation was not enacted into law. (Testimony of HBA) 31. The purpose of the RBES Code legislation was to adopt standards for energy conservation measures to be incorporated into all new homes constructed in Vermont This would include those homes subject to Act 250 jurisdiction as well as those not subject to Act 250 jurisdiction. 32. The RBES Code is based on the CABO/MEC 1995 Code, which primarily addresses thermal envelope measures and heating equipment efficiencies. The RBES Code does not address electrical energy usage or siting issues. 33. The RBES Code is not based on a life cycle cost analysis for evaluating energy conservation measures. 34. In Re: Twin State Development Associates, #5W1021-EB, Findings of Fact and Conclusions of Law and Order, the Environmental Board supported the analysis of energy efficiency measures under Criterion 9(F) on a life -cycle cost basis. 35. The Commission will specifically prohibit the installation and/or use of electric resistance space heating. Conclusions of Law The District Commission recognizes the need for a consistent statewide standard for energy efficiency measures in all new residential construction in Vermont. After careful review of the Governor's Task Force Report and the comments of parties to this case, the Commission finds, however, that the RBES Code is not consistent with the statutory language of Criterion 9(F), which requires that projects incorporate "the bes� available technology for the efficient use or Findings of Fact and Conclusions of Law and Order #4C0997 Page 10 recovery of energy." The Environmental Board has made it clear in the Twin State case that this best available technology standard should be applied using the principles of life cycle cost analysis. The RBES Code does not use this approach and, in fact, does not cover electric energy usage, which is an important component of energy conservation. For these reasons the Commission finds is necessary to impose a condition requiring that the applicant incorporate either the energy conservation measures recommended by the Vermont Department of Public Service (Exhibit 51), construct the units to meet the "Four Star Plus" rating of Energy Rated Homes of Vermont, or participate in the HomeBase New Construction Program offered by Vermont Gas Systems. With this condition the Commission finds that the planning and design of this project reflects the principles of energy conservation and incorporates the best available technology for the efficient use or recovery of energy. SECTION 6086(a)(9)(G) PRIVATE UTILITY SERVICES: The Commission will require that the Applicant maintain, repair and replace the utilities as approved. 36. Approximately 1,400 feet of roadway, the storm drainage system, and the onsite sewage system, including gravity collection lines, the pump station and the force main, will be owned and maintained by the condominium owners association. The proposed association bylaws provide for a sinking fund to generate sufficient revenue to repair and replace the private utilities as necessary. Exhibit 6 and testimony of applicant. SECTION 6086(a)(9)(H) COSTS OF SCATTERED DEVELOPMENT: The Commission finds that the project is contiguous to an existing settlement. SECTION 6086(a)(9)(J) PUBLIC UTILITY SERVICES: The Commission finds that utility service is available to this project, that an excessive or uneconomic demand will not be placed on such facilities or services, and that the provision of such services has been planned on the basis of a projection of reasonable population increase and economic growth. Findings of Fact and Conclusions of Law and Order #4C0997 Page 11 SECTION 6086(a)(9)(K) DEVELOPMENT AFFECTING PUBLIC INVESTMENTS: The Commission finds that this project will not unnecessarily or unreasonably endanger the public or quasi -public investment or materially jeopardize or interfere with the function, efficiency, or safety of, or the public's use or enjoyment of or access to any adjacent public investments. SECTION 6086(a)(9)(L) RURAL GROWTH AREAS: The Commission finds that this project is not located, in a rural growth area as defined by the statute. SECTION 6086(a)(10) CONFORMANCE WITH THE LOCAL OR REGIONAL PLAN: The Commission finds that this project conforms to the local and regional plans. Findings of Fact and Conclusions of Law and Order #4C0997 Page 12 'III. CONCLUSION OF LAW Based upon the foregoing Findings of Fact, it is the conclusion of this District Environmental Commission that the project described in the application referred to above, if completed and !maintained in conformance with all of the terms and conditions of that application, and of Land Use Permit #4C0997, will not cause or result in a detriment to public health, safety or general welfare under the criteria described in 10 V.S.A., Section 6086(a). IV. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, Land Use Permit #4C0997 is hereby issued. Dated at Essex Junction, Vermont, this Commissioners participating in this decision: Tom Visser Susan Wheeler C AEBOARD\CASES\4C0997. FF 9 day of November 1996. By,a&, G - Jam, v Min Drake Chair District #4 Commission EXH E X H I B I T N O. 1 2 3 4 5 6 7 n 9 10 11 12 13 14 15 16 17 [BIT LIST FOR K DATE R E C E I V E D ?PLIi E N T E R E D B Y �ATION #4C0997 Page 1 A = Applicant T = Town EC = Environmental Conservation RPC = Regional Planning Commission ANR = Agency of Natural Resources AOT = Agency of Transportation DPS = Department of Public Services VDH = Vermont Department of Health Nature of Exhibit and Date Entered 07/12/96 A Land Use Permit Application (07/02/96) 9/6/96 A Schedule A: Fee Information (revised 9/2/96) It A Schedule E: Adjoiner Information of A Schedule F: Certification of Service (07/12/96) of A Schedule G: Notification to adjoining landowners by the applicant (07/12/96) to A Schedule B: Act 250 Information - 10 Criteria If A Document: Declaration of Covenants, Conditions, Restrictions, Easements, Liens, and Cedar Ridge Association Bylaws it A South Burlington Final Plat Approval Findings of Fact Decisions If A Letter by City of South Burlington (04/09/96) it A Document: Water Supply & Wastewater Disposal Permit #WW-4-0949, Agency of Natural Resources (05/31/96) " A Flood Insurance Rate Map " A Letter by Champlain Water District (04/04/96) " A Letter by City of South Burlington (04/02/96) " A Fire Flow Test Report by South Burlington Water Department " A Document: Public Water System Permit to Construct #E-0592, Water Supply Division, ANR (04/10/96) " A Schedule D: Application for Permit to Discharge Waste " A Letter by City of South Burlington (07/10/96) EXHIBIT LIST FOR APPLICATION #4C0997 Page 2 18 it A Letter by South Burlington Fire Department (04/05/96) 19 " A Traffic Impact Analysis 20 " A School Impact Questionnaire for Residential Projects (04/07/96) 21 " A Letter by South Burlington School District (04/07/96) 22 " A Municipal Impact Questionnaire (07/10/96) 23 " A Letter by South Burlington Police Department (04/26/96) 24 " A Letter by University of Vermont Rescue (04/16/96) 25 " A Letter by Department of Fish & Wildlife (05/20/96) 26 " A Letter by Nongame and Natural Heritage Program, ANR (07/05/96) 27 " A Letter by Department of Agriculture, Food and Markets (04/27/96) 28 " A Letter by Department of Forests, Parks and Recreation, ANR (04/19/96) 29 " A Letter by Green Mountain Power Corporation (04/05/96) 30 " A Letter by NYNEX (04/04/96) 31 " A Letter by Vermont Gas (04/03/96) 32 " A City of South Burlington Comprehensive Plan 33 " A Chittenden County Regional Plan 34 " A Typical Elevations 35 " A Letter by Vermont State Geologist, Agency of Natural Resources (07/09/96) 36 " A Plan: Subdivision Plat (05/09/96) 37 " A Plan: Master Site Plan, SP1 (last rev. 05/09/96) 38 " A Plan: Planting and Grading Plan, SP2 (last rev. 05/09/96) 39 " A Plan: Utility Plan, SP3 (last rev. 05/09/96) 40 " A Plan: Road Profile, P1 (05/09/96) EXHIBIT LIST FOR APPLICATION #4C0997 Page 3 41 07/12/96 A Plan: Sewer Details, D1 (05/09/96) 42 If A Plan: Pump Station Profile, D2 (05/09/96) 43 to A Plan: Pump Station Section & Plan, D3 (05/09/96) 44 If A Plan: Storage Tank, D4 (05/09/96) 45 If A Plan: Pump Station Details, D5 (05/09/96) 46 it A Plan: Water Details, D6 (05/09/96) 47 if A Plan: Drainage Details, D7 (05/09/96) 48 if A Plan: Erosion Control Details, D8 (05/09/96) 49 A Cedar Ridge Townhomes Density Comparison 50 05/31/96 ANR Water Supply and Wastewater Disposal Permit #WW-4-0949 (issued 05/31/96) 51 08/21/96 ANR Entry of Appearance and Pre -Hearing Comments (08/14/96) 52 08/26/96 A Letter by Summer Woods Concerned Owners and Neighbors with attachments (08/23/96) 53 08/27/96 ANR Letter by Agency of Natural Resources with attached draft discharge permit (08/21/96) 54 08/29/96 A Report of the Governor's Task Force on Energy Efficiency Standards for New Residential Construction (12/95) 55 08/28/96 A Memorandum and attachments by Vermont Gas Systems (08/28/96) 56 08/29/96 A Letter by Home Builders Association of Norther:: Vermont, Inc. (08/29/96) 57 9/18/96 Letter by Division for Historic Preservation to J. Jaeger (9/12/96) 58 10/15/96 ANR Conditional Use Determination #96-123 (10/9/96) 59 9/27/96 A Letter by J. Jaeger to L. Borie re: hearing recess order items w/attachments (9/27/95) 60 9/30/96 DPS Memorandum by S. Slote, Dept. of Public Service to District #4 Environmental Commission w/ attachment "Guide to Evaluating Energy Conservation Opportunites Under Act 250" (9/27/96) EXHIBIT LIST FOR APPLICATION #4C0997 Page 4 61 9/27/96 Memorandum by R. Faesy, Director, Energy Rated Homes of Vermont (9/27/96) 62 9/30/96 Letter by Vermont Gas to L. Borie (9/27/96) 63 9/27/96 Letter by K. Dorn, Home Builders Association to L. Borie (9/27/96) 64 Letter by P. Harrington, Deputy Commissioner, Chair, Governor's Task Force on Energy Efficiency Standards (12/28/95) 65 10/22/96 ANR Discharge Permit No. 1-1257 (10/l/96) 4C0997.EX/eb CERTIFICATE OF SERVICE I hereby certify that I, Edie Bowen, Administrative Secretary for the Environmental Board, sent a copy of the foregoing Land Use Permit and Findings of Fact and Conclusions of Law and Order ##4C0997, by U.S. Mail, postage paid on this 8 day of November, 1996 to the following: PARTIES Randall G. Munson dba South Burlington Realty Company c/o John G. Jaeger 366 Dorset Street South Burlington, VT 05403 Margaret Picard, City Clerk Chair, City Council Chair, Planning Commission Joe Weith, City Planner City of South Burlington 575 Dorset Street South Burlington, VT 05403 Arthur Hogan, Jr., Executive Director Chittenden County Regional Planning Commission PO Box 108 Essex Junction, VT 05453 Land Use Attorney Agency of Natural Resources 103 South Main Street, 2 Center Waterbury, VT 05676 Nick Bonanno 36 Arbor Road South Burlington, VT 05403 Toni Lisman 32 Larch Road South Burlington, VT 05403 Karen Johnson 18 Arbor Road South Burlington, VT 05403 Kevin Dorn HBA of Northern Vermont PO Box 934 Williston, VT 05495 Carolyn P. Leavitt 34 Larch Road South Burlington, VT 05403 Page 2 Certificate of Service #4C0997 Tyler Hart/Trudell Consulting Engineers 14 Blair Park Road Box 308 Williston, VT 05495 Philip Linton, Esq. Linton & Linton PO Box 1100 Williston, VT 05495-1100 FOR YOUR INFORMATION District #4 Environmental Commission John Drake, Chair/Thomas Visser/Susan Wheeler 111 West Street Essex Junction, VT 05452 Giovanna Peebles/Vermont Division for Historic Preservation 135 State Street, Drawer 33 Montpelier, VT 05633-1201 Ernie Christianson, Regional Engineer ANR/111 West Street Essex Junction, VT 05452 Donna Chandler Vermont Department of Health PO Box 70 Burlington, VT 05402 Dated at Essex Junction this 8 day November, 1996. in . . A CS4C0997/eb#2 E3ie Agency of Natural Resources Department of Environmental Conservation Notice of Issuance of Conditional Use Determination #96-123 Please be notified, as per Section 8.4 of the Vermont Wetland Rules, that the request for a Conditional Use Determination received from Randall G. Munson through his representative, Errol C. Briggs of William D. Countryman Environmental Assessment and Planning to construct a stormwater detertt'on pond i the buffer zone of a Class Two wetland and buffer zone has been approved on this duW 100� It was found by the Agency of Natural Resources that this conditional use will not result in any undue, adverse effects to the protected functions of the significant wetland located off Patchen Road in South Burlington, Vermont. Complete copies of the decision can be obtained by calling the Water Quality Division at 802- 241-3770 or writing to the address below. This decision can be appealed within 30 days to the Water Resources Board, National Life Records Center Building, Drawer 20, Montpelier, VT 05620-3201 (telephone (802) 828-3309) pursuant to 10 V.S.A. Section 1269. Catherine L. O'Brien Assistant Wetlands Coordinator Water Quality Division Department of Environmental Conservation 10 North Building 103 South Main Street Waterbury, Vermont 05671-0408 cc: Distribution List COB:pu El Districts #1 & #8 RR #2, Box 2161 Pittsford, VT 05763 (802) 483-6022 Districts #2 & #3 RR #1, Box 33 N. Springfield, VT 05150 (802) 886-2215 Districts #4, #6 & #9 111 West Street Essex Junction, VT 05452 (802) 879-6563 MEMORANDUM TO: FROM: DATE: SUBJECT ALL PARTIES STATE OF VERMONT Environmental Board District Environmental Commission �3 Louis Borie, District #4 Coordinator September 12, 1996 District #5 324 North Main Street Barre, VT 05641 (802) 479-3621 District #7 184 Portland Street St. Johnsbury, VT 05819 (802) 748-8787 Environmental Board Office 120 State Street Montpelier, VT 056203201 (802) 828-3309 4AC0997, Randall G. Munson, Cedar Ridge Town homes, South Burlington The District Commission held a hearing on the above referenced application on August 28, 1996. At the close of the hearing, the case was recessed pending the submission of additional information. The District Commission seeks comment on the energy conservation measures which the applicant has proposed under Criterion 9(F). Specifically, the applicant has proposed a permit condition requiring compliance with the Council of American Building Code Officials Model Energy Code 1995 (CABO/MEC) with the Vermont specific modifications as outlined in the "Report of the Governor's Task Force on Energy Efficiency Standards for New Residential Construction, December 1995." The Commission seeks comment from ail parties to this case, as well as the following organizations: The Vermont Department of Public Service, Vermont Gas Company, Green Mountain Power, the Vermont Public Interest Research Group, and Energy Rated Homes of Vermont. In particular the Commission seeks comment on the following questions: 1) Is seven to ten years a proper payback period to use in preparing a life cycle cost analysis of certain energy efficiency improvements? If not, what is the proper payback period to use and why? 2) Is the analysis used to determine the level of efficiency under the star rating system of Energy Rated Homes of Vermont biased in favor of larger homes? Does it, in effect, penalize smaller homes? I Memo to All Parties #4C0997 Page 2 3) How does the CABO/MEC code, with the Vermont modifications as outlined in the Governor's Task Force Report, compare with the Vermont Department of Public Service energy efficiency recommendations, the 4 Stars Plus rating of Energy Rated Homes of Vermont, and the Demand Side Management Programs (for residential construction) of Vermont Gas and Green Mountain Power in meeting the "best available technology" standard of Criterion 9(F)? All comments must be received at the District Environmental Office, with copies to all persons on the attached certificate of Service, on or before September 27, 1996_ If you have any questions, please don't hesitate to contact me. GREEN MOUNTAIN PO\VDER CORPORATION GHEE: \10UNi ai I�1:1\ I • I.l> [,0� 870 • Soi�Tii T� ruNCTON, A%T 07 }o'-0850 * (,'�02)1 (()4-5731 MEMORANDUM TO: ALL PARTIES FROM: Jane Whitmore, Residential Program Administrator Tim Kelley, Director, Energy Services Joe Franz, Consultant DATE: September 26, 1996 SUBJECT: Response to Louis Borie's memo of 9/12/96 #4C0997, Randall C. Munson, Cedar Ridge Town homes, South Burlington Here are GMP's responses to the questions Mr. Borie raised in his September 12, 1996 memo regarding the above named ACT 250 application. 1) Is seven to ten years a proper payback period to use in preparing a life cycle cost analysis of certain energy efficient improvements? If not, what is the proper payback period to use and why? The appropriate payback period will vary from measure to measure, because different measures have different lives. For example, a compact fluorescent screw -in light bulb, depending on use, may burn out in just a few years. Conversely, a high efficiency refrigerator will commonly last more than ten years. The argument here has to do with whether the payback period should reflect the life of the measure or the time a person will live in the house. The appropriate payback period should in some way be based upon the person who will have to pay for the equipment and the value they place on it relative to its cost. This individual, personal preference may be balanced l against a greater societal or governmental interest in longer paybacks. On the other hand, an individual homeowner may, if he had a choice, choose a maximum payback period for an investment that is substantially less than the length of time that the homeowner resides in a home. The appropriate payback period is ultimately a matter of policy and is subjective. A reasonable benchmark for a payback period from an individual homeowners perspective is the average time that the owner stays in one home. Anything longer than that time period may cause the original home owner to pay for measures that are not economically justified. The original owner may not break even on that investment if he sells the home prior to the end of the established payback period. Utilities have a unique perspective toward energy efficiency. GMP uses a societal test to analyze the cost effectiveness of measures, not a life cycle cost analysis. GMP's interest is in investing in savings that avoid the generation of higher cost power, consequently the appropriate pay back period may be the life of the equipment, however, it may be shortened to the extent that there's reason to believe the equipment may not be in place in, producing savings, in GMP's service territory for the life of the equipment. For example, with GMP's Commercial and Industrial Small Retrofit Program, GMP assumed a maximum planning horizon of seven years on the assumption that on average small businesses substantially remodel and replace there equipment every seven years. 2) Is the analysis used to determine the level of efficiency under the star rating system of Energy Rated Homes of Vermont biased in favor of larger homes? Does it, in effect, penalize smaller homes? There appears to be a relationship between a home's energy star rating and home size. The attached chart, Relationship Between Home Size and Energy Rating For Single Family Homes, shows the relationship for a representative sampler of 81 homes in GMP service territory. For a single family home, the energy score will increase by 3.6 points for every 1000 square feet in size. The relationship between size and energy rating also seems to impact electrical energy use. The attached chart, Annual Electric Use by Energy Rating Stars, shows average annual electric use for different star ratings for the homes surveyed for GMP. Three star plus homes in this survey use the least electricity while four star plus homes use the most electricity. The likely cause of this increase is miscellaneous electrical energy use. Larger homes will likely have a larger number of plug-in appliances and items such as pools or hot tubs which drive up electrical usage. Finally, from this sample, it appears that home size impacts the accuracy with which Energy Rated Homes (ERH) is able to estimate electrical energy usage. The attached chart, Difference Between Actual and ERH Estimated Electric r The data was collected by Energy Rated Homes of Vermont for Green Mountain Power in a survey conducted in the spring of 1995. CVPS and Citizens Utilities also participated in the survey. The analysis presented in the charts are for homes in GMP service territory only. Usage, shows the average percent difference of ERH's estimates of electric usage when compared to actual usage for different sized homes. From GMP's data, it appears that ERH over estimated electric usage in three star plus homes by 40% and underestimated electric usage in five star homes by 25%. As mentioned earlier, these differences are probably caused lby miscellaneous electricity usage. 3) How does the CABO/MEC code, with the Vermont modifications as outlined in the Governor's Task Force Report, compare with the Vermont Department of Public service energy efficiency recommendations, the 4 star plus rating of Energy Rated Homes of Vermont, and the Demand Side Management Program (for residential construction) of Vermont Gas and Green Mountain Power in meeting the "best available technology" standard of Criterion 9(F)? As far as we know, CABO/MEC, with the Vermont modifications, does not address electrical energy efficiency measures to the extent that GMP's current demand -side management program for residential new construction does. There are not any requirements for efficient lighting, refrigeration, or the use of energy efficient bath fans in CABO/MEC. These are the main measures which currently earn rebates for most of the GMP service territory. Please call or write with any additional questions. Jane Whitmore can be reached at 660-5647 or 1-800-750-5674. cc: Ken Couture Chart4 85 11111111111MIll 75 a� 0 rn70 m c w WOW 55 + 0 Relationship Between Home Size and Energy Rating For Single Family Homes 1000 2000 3000 4000 5000 6000 Home Size (Sqr. Ft.) Page 1 ♦ Energy Score ■ Relationship t U 0 § § 8 § yM){ Vf M a a N 0 LL J r. Chart3 30.00% 20.00% 10.00% aD 0.00% U C y.. N p-10.00% c a� U i d a-20.00% -30.00% -40.00% -50.00% Over/ Under -Estimates of the Actual Electric Usage by the Energy Star System Negative Numbers Indicate Actual Usage was Lower than Estimated Energy Star Rating Page 1 South burlington Realty Company 366 Dorset Street South Burlington, Vermont 05403 (802) 863-9039 September 27, 1996 Mr. Louis Borie, Coordinator District 94 Environmental Commission 111 West Street Essex Junction, VT 05452 RE: #4CO997, Cedar Ridge Townhomes Applicant's Response to Hearing Recess Order Dear Mr. Borie: In response to the Hearing Recess Order dated September 6, 1996, we submit the following additional information: 1. Criterion 1(B) - Enclosed is a copy of Draft Stormwater Discharge Permit No. 1- 1257, along with Brian Kooiker's cover letter dated August 21, 1996. The public comment period for this permit expired on September 26, 1996. On September 27, Randy Bean of the Wastewater Management Division indicated that no comments were received through the end of the comment period, and that a permit should be issued within one week. Our permit application was logged in by the Wastewater Management Division on April 9, 1996. We request that the Findings under Criterion 1(B) require compliance with the the final Discharge Permit No. 1-1257. 2. Criterion 1(G) - We have not yet received a Conditional Use Determination 496- 123 from the Water Quality Division, but expect it in the immediate future. On September 23, Cathy O'Brien indicated that she would attempt to issue the C.U.D. within a week. Based on conversations with Ms. O'Brien and a review of the the record including any submittals during the public comment period we believe the C.U.D., when issued, will not require any significant change to the project as proposed. Our Conditional Use Determination Application was submitted on April 11, 1996. Additional materials were submitted through early May, and a site visit was conducted on May 23. The original public notice period expired August 8; this was extended to August 16 over our protest. Based on our expectation that a C.U.D. will be issued shortly, and that it will permit construction of the project in accordance with our current plans, we request that the Findings under Criterion 1(G) require compliance with Conditional Use Determination #96-123 when issued. 3. Criterion 8 - Enclosed is a copy of the Division for Historic Preservation's project review letter dated September 12, 1996, which includes the Division's proposed conditions for Criterion 8. As of this date the Archeology Consulting Team, Inc. has been hired, their proposal Prime Real Estate — Commercial, Residential, Industrial Devcloprncnt Design, Build, Leasc, Consulting has been approved by the D.H.P., and the Phase I study is well under way with completion expected in the next 2-4 weeks. The D.H.P. received the project plans and our request for a pre - Act 250 review on March 31, 1996. We request that the Findings under Criterion 8 incorporate conditions 1 through 8 of the D.H.P.'s September 12 review letter. I trust that the above, along with any additional comments and information which may have been submitted for Criterion 9F, will allow for the Findings of Fact and Order. Since this project has been delayed already, and in light of the small window of opportunity for doing some of the initial sitework before the severe weather sets in, we request that this matter be concluded as soon as you and the Commission are able to do so. If you need anything else, please contact me. Thank you. Si John G. aeger �ct of Real Estate De opment enclosures CERTIFICATE OF SERVICE I hereby certify that I, John G. Jaeger, Director of Real Estate Development for South Burlington Realty Co., sent a copy of the foregoing "Applicant's Response" letter and enclosures, by U.S. Mail, postage paid on this 27th day of September, 1996 to the following: PARTIES Chair, City Council Chair, Planning Commission Joe Weith, City Planner City of South Burlington 575 Dorset Street South Burlington, VT 05403 Arthur Hogan, Jr., Executive Director Chittenden County Regional Planning Commission P.O. Box 108 Essex Junction, VT 05453 Land Use Attorney Agency of Natural Resources 103 South Main Street, 2 Center Waterbury, VT 05676 Nick Bonanno 36 Arbor Road South Burlington, VT 05403 Toni Lisman 32 Larch Road South Burlington, VT 05403 Karen Johnson 18 Arbor Road South Burlington, VT 05403 Kevin Dorn HBA of Northern Vermont P.O. Box 934 Williston, VT 05495 Carolyn P. Leavitt 34 Larch Road South Burlington, VT 05403 Page 2 Certificate of Service FOR YOUR INFORMATION District #4 Environmental Commission John Drake, Chair/Thomas Visser/Susan Wheeler 111 West Street Essex Junction, VT 05452 Tyler Hart Trudell Consulting Engineers 14 Blair Park Road, Box 308 Williston, VT 05495 Philip Linton, Esq. Linton & Linton P.O. Box 1100 Williston, VT 05495-1100 Giovanna Peebles Vermont Division for Historic Preservation 135 State Street, Drawer 33 Montpelier, VT 05633-1201 Stuart Slote, Energy Engineer Department of Public Service Energy Efficiency Division State Office Building Montpelier, VT 05620 Dan Gaherty/Green Mountain Power Corporation P.O. Box 850 South Burlington, VT 05402-0850 Michael Russom/Vermont Gas Systems P.O. Box 467 Burlington, VT 05402 Charles Brush Green Mountain Development Group 1 Kennedy Drive South Burlington, VT 05403 Dated at South Burlington, VT this 27th day of September, 1996. State of Vermont. Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geok>gist RELAY SERVICE FOR THE HEARING IMPAIRED 1 - SW-253-01 91 TDD>Voice 1-SM-253-0195 Voice>TDD AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division 103 South Main Street Waterbury, VT 05671-0405 Telephone: 802-241-3822 Fax: 802-241-2596 August 21, 1996 Randall Munson c/o S. Burlington Realty 366 Dorset Street S. Burlington, VT 05403 SUBJECT: Draft Discharge Permit No. 1-1257 DEC PIN EJ96-0227 Dear Mr. Munson We are proposing to issue you the above referenced permit. A draft of this permit is enclosed for your review. The draft permit is based on the information contained in your application and requirements of State and Federal laws and regulations providing for the protection of water quality. If the draft permit does not correctly reflect your present operation, or if you have any questions pertaining to this permit, or you wish to meet with us to discuss it further, please contact us at once. To expedite the permit issuance we will place it on the required 30-day public notice immediately. If there is no response within the 30 day comment period which would require a public hearing or major permit modification, the permit will be sent to the Secretary or to her designated representative for final approval and signature. Sincerely, Brian D. Kooiker, Chief Discharge Permits Section Enclosure cc: Trudell Engineering Essex Jct. Act 250 Office Jon Jager, S. Burlington Realty Chlorine Free 100% Recycled Paper Regional Offices - Barre/Essex Jct./Pittsford/Rutland/N. Springfield/St. Johnsbury STATE OF VERMONT AGENCY OF NATURAL RESOURCES DEPARTMENT OF ENVIRONMENTAL CONSERVATION D R A F T Page 1 of 4 DISCHARGE PERMIT File No. 04-14 DEC PIN EJ96-0227 Permit No. 1-1257 PERMITTEE: Randall Munson c/o S. Burlington Realty 366 Dorset Street S. Burlington, VT 05403 PROJECT: Centennial Heights Residential Unit Development Patchen Road South Burlington RECEIVING WATER: Winooski River In compliance with provisions of 10 V.S.A. 1263 and in accordance with "Terms and Conditions" hereinafter specified, the' above named permittee is hereby granted permission to discharge stormwater runoff from the above described project. This permit shall become effective on date of signing. Unless revoked, this permit shall be valid until June 30, 2001 despite any intervening change in water quality, effluent, or treatment standards or the classification of the receiving waters. However, any such changed standard or classification shall be applied in determining whether or not to renew the permit pursuant to 10 V.S.A. section 1263. Permittee shall reapply for a discharge permit by January 31, 2001 William C. Brierley, Commissioner Department of Environmental Conservation by Marilyn J. Davis, Director Wastewater Management Division Permit prepared and reviewed by Issue Date Randy Bean Environmental -Engineer Page 2 of 4 Permit No. 1-1257 1. Approved Project Design: This project shall be constructed and operated as shown on plans prepared by Trudell Consulting Engineers sheet(s) SP2, SP3, D7 and D8 dated 8/24/95 rv. 2/5/96 By reference,.the above -noted plans are made a part of this permit. WITHIN 30 DAYS FOLLOWING COMPLETION OF CONSTRUCTION, the permittee shall submit a certification that the work has been completed according to plans and specifications referenced by this permit. 2. Manner of Discharge: SIN 001: Stormwater from the roadways, buildings, and parking areas collected in a catchbasin system, to a detention/sedimentation pond, then discharging overland to the Winooski River. 3. Wastes Permitted: Stormwater from roadways, parking areas, and buildings after treatment from a sedimentation and detention basin. Page 3 of 4 Permit No. 1-1257 4. Volumes Permitted and Frequency of Discharge: Such volumes and frequency as required by the discharges specified in No. 2 above. 5. Maintenance and Maintenance Reporting Requirements: A. All conveyance or treatment devices, including swales, catch basins and other facilities, shall be maintained in good operating order at all times and shall be inspected quarterly and cleaned as necessary to maintain treatment as designed. Paved parking lots and roads should be swept on a regular basis when seasonally practicable to minimize contaminants carried to the treatment device by runoff. B. The permittee shall provide such personnel and training as necessary to fulfill the requirements of A. above. C. The permittee shall immediately correct any erosional problems. D. No later than'SEPTEMBER 30 of each year a written report shall be submitted to the Department of Environmental Conservation, Discharge Permits Section, 103 South Main Street, Waterbury, Vermont 05671-0405, providing the dates of inspections and nature of cleaning operations carried out in the preceding year. 6. Miscellaneous Requirements: After_ construction is complete, al conveyance and treatment devices shall be cleaned and returned to design specifications. Permittee shall submit project engineer's certification of con- struction according to plans within 30 days of completion. 7. Revocation of Permit: 10 V.S.A. 1267 provides as follows: "The Secretary may revoke any permit issued by him pursuant to this subchapter if he finds that the permit holder submitted false or inaccurate information in his application or has violated any requirement, restriction, or condition of the permit issued. Revocation shall be effective upon actual notice thereof to the permit holder." Page 4 of 4 Permit No. 1-1257 8. Transfer of Permit: This permit is not transferable without prior written approval of the Secretary. The permittee shall notify the Secretary immediately, in writing, of any sale, lease, or other transfer of ownership of the property from which the discharge originates. The permittee shall also inform the new owner or tenant of his responsibility to make application for a permit which shall be issued in his name. Any failure to do so shall be considered a violation of this permit. 9. Right of Entry: The permittee shall allow the Secretary or authorized representative, upon presentation of credentials, to enter .the permittee's premises where the effluent sources authorized by this permit are located and at reasonable times to have access to copy any records required to be kept under the terms and conditions of this permit or to inspect any treatment device, monitoring equipment, or monitoring method required in this permit and to sample any discharge of pollutants. I, TRANSFER APPLICATION - File No. 04-14 , hereby apply for permission to discharge waste into the waters of the State of Vermont under the provisions of Discharge Permit No. 1-1257, previously issued to Randall Munson Signed: Address: Telephone: r a b R.950322 4:= STATE OF VERMONT AGENCY OFCORIRIERCEAND COALUUNITYDEVELOPAIENT September 12, 1996 John Jaeger South Burlington Realty Company 366 Dorset Street South Burlington, VT 05403 DEPARTMENT OFHOUS/1\'G & g Re: Cedar Grove Town Homes, South Burlington. Pre -Act 250. COMMUNITY AFFAIRS Dear Mr. Jaeger: Divisions for: Thank you for opportunity to comment on the above -referenced project. • Community Development • Housing 9 The Division has reviewed this undertaking for purposes of Criterion 8 10 P P , • Planning V.S.A. Chapter 151 (Act 250). Project review consists of evaluating the Pm•ilionBuilding project's potential impacts to historic buildings, structures, historic districts, 109 State Street historic landscapes and settings, and known or potential archeological Montpelier, 17 n56n9-1'� resources. The purpose of the Divisions review is to provide the Environmental District Commission with the necessary information for them Telephone: snz-szs-3211 to make a positive finding under the "historic sites" aspect of Criterion 8. P 9 P 800-622-4553 Fax. snz-sza-z92s The proposed f g p P P project consists of a 92 unit-23 building tanned residential development (PRD) located on the west side of Patchen Rd. in South • Historic Burlington. The PRD is surrounded on three sides by wetlands associated Preservation with incised, upper distributary channels of an unnamed, highly dendritic 135 State Street tributary of the Winooski River. The PRD occupies approximately two-thirds Drower33 of the 27.8 acre parcel, and is primarily contained within a dissected Montpc03633120 ►T ns633-12n1cr, partially section of a delta complex related to the Champlain Sea. The environmental P P characteristics of portions of the project area are similar to other locations Telephone: 8n1-8z8-3zz6 where rehistoric Native American archeological sites have been found. The P g Fax: project area has a high potential for containing as -yet -unidentified prehistoric 802-828-3206 archeological sites. A field inspection on April 5, 1996 by Scott Dillon, the Division's survey archeologist, indicated that a portion of the eastern section of the project area has been previously disturbed. Specifically, the majority of the area encompassed by proposed buildings 1-8 has been variously impacted by grading, filling, and quarrying activity and will not require any archeological investigation. However, the remainder of the project area exhibits a high J. Jaeger Page 2 September 12, 1996 degree of archeological sensitivity and will need to be sampled prior to construction. No visible historic features besides a probable road cut along the west side of the ridge were identified. Adjustments to the Phase I scope -of -work will be required if historic resources are identified during field or background research. A Phase I study of the sensitive portions of the project area will need to be conducted. If any sites are identified they will need to be avoided or further archeological evaluation will need to be conducted. All archeological studies and assessments must be conducted by a qualified consulting archeologist and must follow the Guidelines for Conducting Archeological Studies in Vermont. In order to prevent any misunderstandings concerning the level of effort required and in accordance with the Division's Guidelines, the Division requests that your archeological consultant submit a scope of work for review and comment before initiating fieldwork. The Division recommends that the following conditions be included in the Act 250 permit, if the District Commission concurs with such conditions. These will ensure that the proposed project will not have an undue adverse effect on historic or archeological resources. 1) In those portions of the project area in which construction activities will take place, excluding areas encompassed by buildings 1-8, an archeological study to identify sites in the impact area will be carried out by a qualified consulting archeologist prior to construction. The study will be scheduled accordingly so that mitigation measures that may be necessary can be satisfactorily planned and accomplished prior to construction. 2) Topsoil removal, grading, scraping, cutting, filling, stockpiling, logging or any other type of ground disturbance is prohibited within the sensitive areas prior to conducting archeological studies without written approval of the District Commission and the DHP. J. Jaeger Page 3 September 13, 1996 3) Archeological sites within the project area will not be impacted until any necessary mitigation measures have been carried out. Mitigation may include but is not limited to further site evaluation, data recovery, redesign of one more proposed project components, or specific conditions that may be imposed during construction (i.e. installation of temporary snow fencing, etc.). 4) Proposed mitigation measures will be discussed with and approved by the DHP prior to implementation, and a copy of all mitigation proposals will be filed with the Commission. The archeological studies will result in one or more final reports, as appropriate, that meet the DHP's Guidelines for Conducting Archeological Studies in Vermont. Copies will be submitted both to the DHP and to the Commission. 5) All archeological studies and assessments must be conducted by a qualified consulting archeologist and must follow the DHP's Guidelines for Conducting Archeological Studies in Vermont The permittee's archeological consultant must submit any scope of work to the DHP for review and approval. 6) If the permit holder or the DHP cannot agree in the course of implementing the above conditions, either party can ask the District Commission to reconvene a hearing to resolve outstanding issues. 7) If an archeological site(s) eligible for the State or National Register of Historic Places is discovered in the course or archeological studies that may be required under this permit, and if the permittee decides to avoid and protect it in -place perpetuity, the site(s) will be mapped on the official site plan. The updated site plan will be submitted to both DHP and the District Commission. In consultation with the DHP, the permittee will draw up and execute covenants to protect the site(s) in perpetuity and enter it into the deed. A copy of the covenants will be filed with the Commission and the DHP. 8) Any new or revised project plans should be submitted to the Division for our review as soon as they become available. J. Jaeger Page 4 September 12, 1996 The Division will be pleased to assist you in any way we can and look forward to working with you. Your cooperation in protecting Vermont's irreplaceable archeological and historic heritage is appreciated. Sincerely, DiVISION FOR HISTORIC PRESER'vATiON 0 Townsend H. Anderson State Historic Preservation Officer cc: South Burlington Planning Commission Chittenden County Regional Planning Commission Lou Borie, District 4 Coordinator Districts #1 & #8 RR #2, Box 2161 Pittsford, VT 05763 (802) 483-6022 Districts #2 & #3 RR #1, Box 33 N. Springfield, VT 05150 (802) 886-2215 Districts #4, #6 & #9 111 west Street Essex Junction, VT 05452 (802) 879-6563 MEMORANDUM TO: FROM: DATE: SUBJECT: ALL PARTIES STATE OF VERMONT Environmental Board District Environmental Commission Louis Borie, District #4 Coordinator September 12, 1996 District #5 324 North Main Street Barre, VT 05641 (802) 479-3621 El District #7 184 Portland Street St. Johnsbury, VT 05819 (802) 748-8787 El Environmental Board Office 120 State Street Montpelier, VT 05620-3201 (802) 828-3309 iW0997, Randall G. Munson, Cedar Ridge Town homes, South Burlington The District Commission held a hearing on the above referenced application on August 28, 1996. At the close of the hearing, the case was recessed pending the submission of additional information_ The District Commission seeks comment on the energy conservation measures which the applicant has proposed under Criterion 9(F). Specifically, the applicant has proposed a permit condition requiring compliance with the Council of American Building Code Officials Model Energy Code 1995 (CABO/MEC) with the Vermont specific modifications as outlined in the "Report of the Governor's Task Force on Energy Efficiency Standards for New Residential Construction, December 1995." The Commission seeks comment from all parties to this case, as well as the following organizations: The Vermont Department of Public Service, Vermont Gas Company, Green Mountain Power, the Vermont Public Interest Research Group, and Energy Rated Homes of Vermont. In particular the Commission seeks comment on the following questions: 1) Is seven to ten years a proper payback period to use in preparing a life cycle cost analysis of certain energy efficiency improvements? If not, what is the proper payback period to use and why? 2) Is the analysis used to determine the level of efficiency under the star rating system of Energy Rated Homes of Vermont biased in favor of larger homes? Does it, in effect, penalize smaller homes? Memo to All Parties #4C0997 Page 2 3) How does the CABO/MEC code, with the Vermont modifications as outlined in the Governor's Task Force Report, compare with the Vermont Department of Public Service energy efficiency recommendations, the 4 Stars Plus rating of Energy Rated Homes of Vermont, and the Demand Side Management Programs (for residential construction) of Vermont Gas and Green Mountain Power in meeting the "best available technology" standard of Criterion 9(F)? All comments must be received at the District Environmental Office, with copies to all persons on the attached certificate of Service, on or before September 27, 1996. If you have any questions, please don't hesitate to contact me. STATE OF VERMONT ENVIRONMENTAL BOARD DISTRICT ENVIRONMENTAL COMMISSION #4 RE: Randall G. Munson Hearing Recess Order d/b/a/ South Burlington Realty Company 94C0997 I' 366 Dorset Street 10 V.S.A. Chapter 151 South Burlington, VT 05403 (Act 250) i� Z Recess Order The District Commission recessed the public hearing for the above -referenced application on August 28, 1996 pending submittal of the following additional information by the applicant. 1. Criterion 1(B) - the applicant will submit the Stormwater Discharge Permit when it is issued by the Wastewater Management Division, Agency of Natural Resources. 2. Criterion 1(G: the applicants will submit the Conditional Use Determination when it is issued by the Water Quality Division, Agency of Natural Resources. 3. Criterion 8: the applicants will submit a review letter from the Division for Historic Preservation. By separate Memo the District Commission intends -to seek additional comment, pursuant to Environmental Board Rule 21, regarding the applicant's proposed energy conservation measures. The Commission will seek comment from the following: The Vermont Department of Public ,Service, Vermont Gas Company, Green Mountain Power, the Vermont Public Interest Research Group, and Energy Rated Homes of Vermont. ;The applicant should submit four sets of all information to the district coordinator (for distribution :to the Comm: ssion). Information should also be distributed to the parties listed on the attached :Certificate of Service. The District Commission will reconvene the hearing only if there are outstanding questions or if a 'party has reasonable questions about the additional information. If the information requested from the applicant has not been received within 30 days or if the hearing is not reconvened, the Commission will set a date for adjournment and issue a final decision based on the record and following a full deliberation on the issues. If the applicant wishes to continue the recess beyond .30 days following the hearing, he must notify the District Commission in writing on or before the 30th day. Hearing Recess Order #4C099 7 Page 2 If any party has any questions or wishes to request the hearing be reconvened, please call the district coordinator, Louis Borie, 879-6563. Dated at Essex Junction, Vermont this day of September 1996. District Commission #4 by Louis Borie District Coordinator wp:4C0997.rm State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist RELAY SERVICE FOR THE HEARING IMPAIRED 1-800-253-0191 TDD>Voice 1-800-253-0195 Voice>TDD Ms Margaret A Picard, CMC, City Clerk City of South Burlington 575 Dorset Street South Burlington VT 05403 Dear Ms. Picard: AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division 103 South Main Street Waterbury, VT 05671-0405 Telephone: 802-241-3822 Fax: 802-241-2596 August 21, 1996 Enclosed are copies of a public notice regarding the public comment period for a discharge permit proposed for issuance to Randall Munson c/o S. Burlington Realty 366 Dorset Street S. Burlington, VT 05403 for stormwater runoff from roadways, buildings, and parking areas Centennial Heights Residential Unit Development Patchen Road South Burlington to Winooski River One of these notices is information for the local officials. Would you please post the other in a public place for disseminating this information to the local inhabitants? We are also sending copies of this notice to other local officials and.interested persons who have asked to be included on our mailing list. We will be'glad to send you additional copies if you desire, or add names of interested persons to our mailing list. Enclosures Sincerely, Brian D. Kooiker, Chief Discharge Permits Section Chlorine Free 100% Recycled Paper Regional Offices - Barre/Essex Jct./Pittsford/Rutland/N. Springfield/St. Johnsbury AGENCY OF NATURAL RESOURCES DEPARTMENT OF ENVIRONMENTAL CONSERVATION 103 SOUTH MAIN STREET - THE SEWING BUILDING WATERBURY, VT 05671-0405 NOTICE: Draft Discharge Permit No. 1-1257 DEC PIN: EJ96,-0227 PUBLIC NOTICE NUMBER: 1-1257 FILE NUMBER: 04-14 PUBLIC COMMENT PERIOD: August 26, 1996 through: September 26, 1996 PERMITTEE INFORMATION: Randall Munson c/o S. Burlington Realty 366 Dorset Street S. Burlington, VT 05403 DISCHARGE INFORMATION: NATURE: Treated stormwater runoff SOURCE: roadways, buildings, and parking areas Centennial Heights Residential Unit Development Patchen Road South Burlington VOLUME: Unspecified RECEIVING WATER: Winooski River EXPIRATION DATE: June 30, 2001 TENTATIVE DETERMINATIONS Tentative determinations regarding effluent limitations and other conditions to be imposed on the pending Vermont permit have been made by the State of Vermont Agency of Natural Resources (VANR). The limitations imposed will assure that the Vermont Water Quality Standards and applicable provisions of the Federal Clean Water Act, PL 92-500, as amended, will be met.- FURTHER INFORMATION The complete application, proposed permit, and other information are on file and may be inspected at the VANR, Waterbury Office. Copies of the permit may be obtained by calling 802-241-3822, and will be made at a cost of 10 cents per page from 8:00 a.m. to 4:00 p.m. Monday through Friday. PUBLIC COMMENTS/PUBLIC HEARINGS Public comments to the proposed permit are invited and should be submitted in writing prior to September 26, 1996 Any person, prior to such date, may submit a request in writing to this office for an informal public hearing to consider the proposed permit. A hearing will be held only if response to this notice indicates significant public interest. The permit number should appear next to the VANR address on the envelope and on the first page of any submitted commer-,ts. All comments received prior to the above date will be considered in formulation of the final determinations. VANR Address: Discharge Permits Section Agency of Natural Resources Department of Environmental Conservation 10.3 South Main Street - The Sewing Building Waterbury, VT 05671-0405 FINAL DETERMINATION/APPEAL OF DECISION At .the conclusion of the public notice period and in consideration of additional information received during the public notice period, the VANR will make a final determination to issue or to deny the permit. Any person may, within thirty (30) days after permit issuance or denial, appeal the VANR determination to the Vermont Water Resources Board pursuant to Title 10 V.S.A. Chapter 47,, section 1269. William C. Brierley, Commissioner Vermont Department of Environmental Conservation R.950322 STATE OF VERMONT AGENCY OF NATURAL RESOURCES INTERAGENCY ACT 250 REVIEW COMMITTEE RE: South Burlington Realty Co. DISTRICT ENVIRONMENTAL COMMISSION #4 APPLICATION #4C0997 August 14, 1996 ENTRY OF APPEARANCE Please enter the appearance of the Agency of Natural Resources, State of Vermont, by and through its attorney, Andrew Raubvogel, Esq. , in the above -captioned matter. _ PRE -HEARING COMMENTS Criterion 1(B) - STORMWATER DISCHARGE Randy Bean, Environmental Engineer with the Wastewater Management Division, reports that a Stormwater Discharge Permit application was received on April 9, 1996 and is currently under review. Criteria 9(F) and 9(.n - ENERGY CONSERVATION and PUBLIC UTILITIES Stuart Slote, Demand -Side Management Specialist with the Department of Public Service (DPS), has reviewed the application and provides the following comments. The DPS does not currently support the applicant's proposal to satisfy Criterion 9(F) by complying with a modified version of the Council of American Building Code Officials Model Energy Code 1995 (CABO/MEC). The DPS requests that the applicant provide evidence in support of its proposal and requests that the District Commission allow for DPS review and comment on that evidence prior to the issuance of any Land Use Permit. The DPS requests that the applicant and District Commission consider the following energy efficiency measures: ENVELOPE: 1) Ceiling.... minimum R-38 insulation in the flats and R-30 insulation in the slopes 2) Walls.... minimum R-19 insulation (including band joist) 3) Foundation Walls.... minimum R-10 insulation from the top down to the footings or R-19 for Floors 4) Slabs.... minimum R-10 insulation for slabs under heated spaces Application #4C0997 August 14, 1996 SBRC Page 2 5) Doors.... minimum R-10 insulation (excluding glazing). Glass doors are considered windows 6) Windows.... minimum R-2.5 overall (double pane with "low E" coating or storm, or triple Pane) AIR INFILTRATION• 7) Maximum 0.5 air changes per hour 8) Doors and windows should be fully weatherstripped and all seams, joints and attic bypasses completely caulked or sealed 9) Full vapor barrier in ceiling and walls 10) Dampers on all vents (including dryers and fireplaces) 11) Installation of kitchen and bathroom ventilation. Whole house mechanical ventilation is recommended at this level of air tightness. MECHANICAL SYSTEMS: _ 12) Electric resistance space and hot water heating systems are generally not acceptable 13) Oil/gas heating systems should have a minimum Annual Fuel Utilization Efficiency(AFUE) of 83 % 14) Stand-alone oil and gas hot water heaters should have a minimum Energy Factor (E.F.) of 0.62. Sealed combustion units should have a minimum E.F. of 0.58 15) Installation of low -flow showerheads, maximum 2.75 gallons per minute (gpm) at 80 PSI 16) Installation of low -flow faucet aerators, maximum 2.75 gpm for kitchen and utility sinks at 80 PSI and bathroom sinks below 50 PSI. Maximum 1.75 gpm for bath sinks over 50 PSI 17) Installation of heat traps on hot water heater incoming/outgoing lines pr installation of at least R-4 pipe insulation on all hot/cold water pipes within 9 feet of the hot water heater in unheated spaces 18) Installation of R-18 overall hot water tank insulation (usually achieved by adding R-10 tank wrap) 19) Boilers should be zoned and at least R-4 pipe insulation installed in unheated spaces 20) Furnace ducts should be insulated with at least R-6 insulation in unheated spaces 21) Installation of automatic set -back thermostats for each space heating zone LIGHTING and APPLIANCES: 22) At least 25% of interior and exterior hardwired fixtures should utilize fluorescent lamps. Ballasts should be high power factor 23) Interior and exterior incandescent spot or flood lights should utilize tungsten -halogen lamps 24) Refrigerators & freezers should exceed by 16% 1992 U.S. DOE standards or meet 1993 standards 25) Woodstoves should meet the EPA Phase II guidelines 26) Fireplaces should include a means to prevent excessive infiltration and exfiltration either through installation of tight fitting non-combustible fireplace doors or a tight fitting damper 27) Gas appliances should have automatic ignition (not a constant burning pilot light) * The above measures are recommended for all projects. Application #4C0997 SBRC August 14, 1996 Page 3 * The below measure is listed, but not expressly recommended for all projects since it is highly site specific: SUNTEMPERING• * Home should be. sited (preferably lengthwise) within 30° either side of true south (true south is 15' west of magnetic south) * A maximum of about 7 % total south -facing glass as a percentage of total heated house floor area In the alternative, regarding Criterion 9(F) the applicant could agree to a permit condition requiring all homes to be designed to a "Four Star Plus" rating by Energy Rated Homes of Vermont, Inc., or an equivalent level using an alternate home energy rating system. Such a rating assures that the homes are energy efficient and may allow for the builder or owner to borrow more money for construction. Jane Desceneau, with Green Mountain Power Corporation (864-5731), and Mike Russom, with Vermont Gas Systems, Inc. (863-4511), can provide further assistance about how to obtain such a rating. Mr. Slote can be reached at 828-4038. Dated August 14, 1996, at Waterbury, Vermont. Respectfully submitted, State of Vermont AgeZCaffy,Natural Resources By E CERTIFICATE OF SERVICE I hereby certify that I, Christian Sleeper, Secretary for the Planning Division of the Agency of Natural Resources, sent a copy of the foregoing Entry of Appearance and Pre -hearing Comments dated August 14, 1996, regarding File #4C0997 (So. Burlington Realty Co.), by U.S. mail, postage prepaid, to the following: Randall G. Munson dba So. Burlington Realty Co. c/o John G. Jaeger 366 Dorset Street South Burlington, VT 05403 Margaret Picard, City Clerk & Chair, City Council & Chair, Planning Commission & Joe Weith, City Planner 575 Dorset Street South Burlington, VT 05403 Chittenden County R.P.C. P.O. Box 108 Essex Junction, VT 05453 Datpd,,August 20, 1996 Q Waterbury, VT i Christian Sleeper Agency of Natural Resources Department of Environmental Conservation NOTICE OF EXTENSION OF NOTICE PERIOD FOR CONDITIONAL USE DETERMINATION #96-123 A request for an extension of the notice period has been approved for the Conditional Use Determination, received from Randall G. Munson through his representative Errol Briggs of William Countryman Environmental Assessment and Planning. The previous notice period had extended to August 8, 1996. The Conditional Use Determination application is to construct a stormwater detention pond in the buffer zone of a Class Two wetland off of Patchen Road in South Burlington, Vermont. This wetland has been designated as a significant (Class Two) wetland by the Vermont Water Resources Board. Copies of the application are available for review at the Vermont Wetlands Office in Waterbury, the Town Clerk's Office in South Burlington, and the Regional Planning Commission Office in. Essex Junction. Conditional Use Determinations may only be approved if it is shown that the proposed conditional use will not have an undue adverse impact on the functions and values of any significant wetlands or their adjacent buffer zones. Any person may now file comments in writing on this application through August 16, 1996 with: Catherine L. O'Brien, Assistant Wetlands Coordinator Water Quality Division Department of Environmental Conservation 10 North Building 103 South Main Street Waterbury, VT 05671-0408 Catherine L. Oltien Assistant Wetlands Coordinator cob cc: Distribution List Enclosure cc: Distribution List 1 I ACT 250 NOTICE APPLICATION AND HEARING #4C0997 10 V.S.A., Section 6083-6088 On July 12, 1996 an application was filed by Randall G. Munson d/b/a South Burlington Realty Company, 366 Dorset Street, South Burlington, VT 05403 for a project generally described as a 92 unit condominium project in 23 buildings with approximately 1,950 linear feet of roadway and related site improvements. This project will be served by municipal water and sewer services and is located on approximately 27 acres on Patchen Road in the City of South Burlington, Vermont. This project will be evaluated in accordance with the 10 environmental criteria of 10 V.S.A., 6086(a). Statutory parties to this application are the municipality of South Burlington,the South Burlington Municipal Planning Commission, the Chittenden County Regional Planning Commission, affected State agencies and any adjacent Vermont municipality and planning commission. Adjoining property owners may participate to the extent that the proposal will have a direct effect on their property under the 10 criteria. Other persons may participate at the discretion of the District Commission. If you wish to participate, please contact the Coordinator for further information before the hearing date specified below. If you have a disability for which you are going to need accommodation, please notify us one week prior to the hearing date. Copies of the application and plans for this project are available for inspection by members of the public during regular working hours at the South Burlington Municipal Office, the Chittenden County Regional Planning Commission Office, and the District #4 Environmental Office. A public hearing is scheduled for August 28, 1996 at 6:15 p.m. at the Chittenden Regional Planning Commission Office, 66 Pearl Street, Essex Junction, Vermont. A site visit preceding the hearing is scheduled for 5:00 p.m. Dated at Essex Junction, Vermont, this 6 day of August, 1996. BY . -'� a� '- Louis Borie District #4 Coordinator 111 West Street Essex Junction, Vermont 05452 #879-6563 majornot/eb Agency of Natural Resources Department of Environmental Conservation NOTICE OF CONDITIONAL USE DETERMINATION #96-123 A request for a Conditional Use Determination, required pursuant to the provisions of Section 8 of the Vermont Wetland Rules has been received from Randall G. Munson through his representative Errol Briggs, William Countryman Environmental Assessment and Planning. Approval is being requested for the construction of a stormwater detention pond in the buffer zone of a Class Two wetland associated with a residential subdivision off of Patchen Road in South Burlington. This wetland has been designated as a significant (Class Two) wetland by the Vermont Water Resources Board. Copies of the application are available for review at the Vermont Wetlands Office in Waterbury, the Town Clerk's Office in South Burlington, and the Regional Planning Commission Office in Essex Junction. Conditional Use Determinations may only be approved if it is shown that the proposed conditional use will not have an undue adverse impact on the functions and values of any significant wetlands or their adjacent buffer zones. Any person may file comments in writing on this application through August 8, 1996 with: Catherine L. O'Brien Assistant Wetlands Coordinator Water Quality Division Department of Environmental Conservation 10 North Building 103 South Main Street Waterbury, VT 05671-0408 Catherine L. O'Brien Assistant Wetlands Coordinator COB:pu Enclosure cc: Distribution List Figure 1. Project location on National Wetlands Inventory Map. WM. D. COUNTRYMAN Environmental Assessment And Planning R.D.1, WINCH HILL NORTHFIELD, VERMONT 05663 802-485-8421 12 July 1996 City Clerk City of South Burlington 575 Dorset Street South Burlington, VT 05403 Dear Sir/Madam: In accordance with Section 8.2 of the Vermont Wetlands Rules, I am forwarding a copy of the Conditional Use Determination (CUD) Application for the Cedar Ridge Town - homes residential development (formerly known as Centennial Heights) proposed for a 27.76-acre site off Patchen Road in South Burlington. This development will have no direct impacts on Class Two wetlands, but will affect 3,350 square feet of Class Two buffer zone. If you have any questions, please feel free to contact this office. Sincerely yours, Errol C. Briggs ECB/s Encl. WM. D. COUNTRYMAN Environmental Assessment And Planning R.D.1, WINCH HILL NORTHFIELD, VERMONT 05663 802-485-8421 Planning Commission City of South Burlington 575 Dorset Street So. Burlington, VT 05403 Dear Sir/Madam: 15 July 1996 In accordance with Section 8.2 of the Vermont Wetlands Rules, I am forwarding wetland information about the Cedar Ridge Townhomes residential subdivision (formerly known as Centennial Heights) proposed for a 27.76-acre site on Patchen Road in South Burlington. The development will consist of 23 4-unit buildings accessed by a 1,985-foot road from Patchen Road. I enclose a map showing the location of the proposed development. Although direct wetland impacts are avoided, the proposed development will have impacts on 3,350 square feet buffer zone adjacent to a Class II wetlands. Further information is contained in the application for Conditional Use Determination which has been filed with the Vermont Wetlands Office, the City Clerk of South Burlington and the Chittenden County Regional Planning Commission in Essex Junction. If you have any questions, please feel free to contact this office. Sincere y yours, � 4 ;Z-- Errol C. Briggs ECB/s Encl. NARRATIVE The Cedar Ridge Townhomes development is proposed for a 27.76-acre site off Patchen Road in South Burlington. There will be 23 4-unit buildings with access roads, and utilities as indicated on prints on file with the Application_ for Conditional Use Determination available for review at the Vermont Wetlands Office in Waterbury, the Chittenden County Regional Planning Commission in Essex Junction, and the office of the city clerk in South Burlington. Portions of the property have been identified as Class Two wetlands subject to the provisions of the Vermont Wetland Rules. This is a shrub swamp and marsh drained by an unnamed tributary to the Winooski River determined to be significant for the following wetland functions: -Water storage for flood water and storm runoff; -Surface and ground water protection; -Wildlife and migratory bird habitat; -Hydrophytic vegetation habitat; -Open space and aesthetics. As proposed, the development will have no impacts to wetland areas, but construction of a stormwater detention pond will impact about 3,350 square feet of wetland buffer zone. Attached is a map showing the development location. Figure 1. Project location on National Wetlands Inventory Map. APPLICATION FOR CONDITIONAL USE DETERMINATION CENTENNIAL HEIGHTS PATCHEN ROAD SOUTH BURLINGTOI'll , VT _ Prepared for: Randall G . Munson 366 Dorset Street South Burlington, Vermont 05403 April 19 9 6 WM. D. COUNTRYMAN Environmental Assessment And Planning R. D. 1, WINCH HILL NORTHFIELD, VERMONT 05663 802-485-8421 CONDITIONAL USE DETERMINATION APPLICATION Title 10 V.S.A., Chapter 37, Section 905 file number: date received: [ ] complete. [ ] incomplete date completed DEC Reviewer OFFICE USE ONLY INTRODUCTION The following questions must be answered in order for this application to be considered complete. If you have ques- tions on any portion of this form, please call the Vermont Wetlands Office at (802) 241-3770 for assistance. NAMES 1. Applicant: Randall G. Munson Address 366 Dorset Street So. Burlington, VT 05403 Phone (802) 863-9039 2. Landowner (if different) Address Phone 3. Representative: Errol C. Briggs William Countryman Environmental Assessment and Planning Address RD 1, Box 999 Northfield, VT 05663 Phone (802) 485-8421 PROJECT DESCRIPTION 4. Location: (Street Address) Patchen Road South Burlington 5. Acres owned by applicant and landowner at project site: 27.76 Acres Acres involved in project: 27.76 Acres 6. Project purpose: Creation of residential subdivision of 23 4-unit buildings with access roadways, driveways and sidewalks. 7. General description (include number and size of I buildings; number of lots; length of roads; type of sewage disposal; etc.): 23 4-unit buildings, accessed by a 1985-foot road. Municipal sewer and water. OTHER INFORMATION 8. Are any other federal, state or local permits required for this project, and if so have they been applied for or obtained? Army Corps of Engineers Permit 401 Water Quality Certification VT Act 250 Permit VT Stormwater Discharge Permit VT Lakes and Ponds Permit Applied Required For Obtained [NO ] [ ] [ ] [YES] [ ] [ ] [YES] [ ] [ ] [YES] ( ] [ ] [NO ] [ ] [ ] VT Stream Alteration Permit [NO ] [ ] [ ] Local Zoning Permit [YES] [ ] [ ] Other: NONE [ ] [ ] [ ] 9. Attach the following information to the application: [X ] Location map (project area marked on a USGS topographic map or Vermont Significant Wetlands Map) . [X ] Site plan(s) including existing conditions, proposed work, erosion controls, and wetland and buffer zone boundaries (see Sections 3.2 and 4.6 of the Vermont Wetland Rules for description of methodology). [X ] Any other narratives or documents that the applicants intends to rely upon in support of the proposed Conditional Use. [ ] Photos of wetland, if available. CUD-2 10. List the names and complete mailing addresses of all persons owning property within or adjacent to the wetland or buffer zone in question. Name Germaine Leclair Summer Woods Associates W.W.Hart Mailing Address with Zip Code 185 Patchen Rd. So. Burlington, VT 05403 Summer Woods Community Assoc. Carol Gansby, Agent Tygate Properties Evelyn Lamplough c/o Tygate Properties Carolyn R. Dorfman Stephen Pendo David M. Burns Elizabeth A. Carter John P. & Helen Gouvin John A. Swainbank James A. Martin Michael Pasqual The Society of H. Adam c/o Carl Lisman, Lisman & Lisman City of South Burlington 252 College St. Burlington, VT 05401 P.O. Box 2121 So. Burlington, VT 05403 1076 Williston Rd. So. Burlington, VT 05403 1076 Williston Rd. So. Burlington, VT 05403 355 Patchen Rd. #1 So. Burlington, VT 05403 355 Patchen Rd. #2 So. Burlington, VT 05403 355 Patchen Rd. #3 So. Burlington, VT 05403 355 Patchen Rd. #4 So. Burlington, VT 05403 355 Patchen Rd. #5 So. Burlington, VT 05403 355 Patchen Rd. #6 So. Burlington, VT 05403 355 Patchen Rd. #7 So. Burlington, VT 05403 355 Patchen Rd. #8 So. Burlington, VT 05403 84 Pine Street Burlington, VT 05401 575 Dorset St. So. Burlington, VT 05403 CUD-3 Marilyn J. Gleason 34 Luck St. Burlington, VT 05401 Richard & Sue A. Sweterlitsch 219 Patchen Rd So. Burlington, VT 05403 Alan V. Merchant David A. Keough Holly A. Ryan. Gary E. & Grace E. Martin WETLAND AND BUFFER ZONE IMPACTS 215 Patchen Rd. So. Burlington, VT 05403 211 Patchen Rd. So. Burlington, VT 05403 209 Patchen Rd. So. Burlington, VT 05403 11. Complete the following for the wetland in question. a. Size of wetland (to nearest , acre): +15 acres b. Check the dominant type of wetland present: open water X marsh wet meadow X shrub swamp forested swamp bog or fen beaver -influenced wetland other (explain): c. Name of all streams, rivers, lakes, and ponds adja- cent to the wetland and approximate distance from proposed activity: The area is drained by unnamed tributaries to the Winooski River. d. Approximate the percentage of each of the following cover types in the area surrounding the wetland: 85 forested agriculture old field open water lawn 5 residential commercial or industrial 10 road other (specify) 12. Complete the following for the portion of the wetland and buffer zone in the area of the proposed impact. a. Area of impact in wetland (sq ft): 0.0 ft2 Area of impact in buffer zone (sq ft): 3,350 ft2 b. Check the type of wetland present (check all that apply): X open water X marsh wet meadow X shrub swamp X forested swamp bog or fen X beaver -influenced wetland other (explain): CUD-4 c. Description of dominant vegetation: Emergent herbaceous growth includes sedges (Carex spp.), cat -tails (Typha latifolia), and graminoids such as fowl meadow grass (Glyceria striata) and rice cut -grass (Leersia oryzoides). The shrub community is made up of alders (Alnus rugosa), and glossy buckthorn Rhamnus Frangula); elms (Ulmus americana) and red maple (Acer rubrum) dominate forested wetland areas. d. Description of soils in the wetland and buffer zone (from Soil Conservation Service soil surveys or site investigations): The development is primarily on Adams and Windsor fine sandy loam, with wetlands occurring on soils mapped as Munson and Raynham silt loam and Hartland very fine sandy loam. The Raynham component of Munson and Raynham silt loam is a poorly drained hydric soil. e. Check the characteristics of the wetland that apply: flooded most of the time X standing water during at least part of the growing season X water impounded by beavers X soils are saturated during at least part of the growing season dry most of the year f. Description of buffer zone: The buffer zone is primarily forested with mixed growth or in shrubs. Except for the palustrine forest section of delineated wetland, the demarcation between wetland and upland is relatively distinct, and vegetation communities correspond to the wetland indicator status for their respective locations. 13. Describe in detail the work that is proposed within the wetland or buffer zone, referencing attached plans where appropriate. Attach photos of wetland, if available. As shown on Sheet SP2 of the attached plans, a detention pond for storm water runoff is to be placed between two areas of Class Two wetland. The detention pond will have two outlet structures at different elevations, to distribute flow to two different sections of wetland. 14. Before this section is completed it will be necessary to determine for which functions the wetland in question is significant. The functional criteria for evaluating a wetland's significance are described in Section 5 of the Vermont Wetland Rules. It is presumed that all mapped wetlands are significant for all 10 functions. The Wetlands Office of the Agency of CUD-5 Natural Resources (241-3770) may make preliminary determinations as to which, if any, of the functions specified in Section 5 are served by the wetland. Demonstrate how the project as proposed will avoid any undue adverse impacts on each of the functions for which the wetland has been determined to be significant. Refer to plans and other attached documents as necessary. a) Water storage for flood water and storm runoff: The wetlands have the capacity to store flood waters and storm runoff. But with no developed public or private property downstream to the Winooski River and little or no important habitat for aquatic life, this function is deemed to be of minor significance. The capacity of the wetland to perform this function will not be impaired by completion of the development. b) Surface and ground water protection: Surrounded as it is by highways (Patchen Road and Interstate 89) and residential development, these wetlands likely inter- cept pollutants from runoff. These pollutants are likely sequestered as flows pass through dense stands of vegetation and settle out of stream water as it flows slowly through the wetlands. Additional storm water runoff is expected as a result of the project, but the project runoff will be treated in a detention pond before release to the wetland, and the wetlands' capacity to treat such runoff will not be lessened or impaired. c) Fisheries habitat: The wetlands are not significant for this function. d) Wildlife and migratory bird habitat: The wetlands have habitat to support use by wetland dependent species of wildlife such as mink, waterfowl, and amphibians. Additionally, the diversity of habitats in and near the wetlands contribute to the wetlands' value as wildlife habitat. By avoiding impacts to the wetlands themselves and by avoiding all but 3,350 sq. ft. (0.08 acres) of wetland buffer zone, the project minimizes impacts to wildlife habitat concentrated in the wetlands. e) Hydrophytic vegetation habitat: Many plants of the rare species Ranunculus pennsylvanicus or bristly crowfoot were found in the wetland area at the south- western corner of the property. The area where these plants were found will be unaffected by the project, and therefore there should be no impact on them. CUD-6 f) Threatened and endangered species habitat: The wetland is not significant for this function. g) Education and research in natural science: The wetland is not significant for this function. h) Recreational value and economic benefit: The wetland is not significant for this function. A 20-foot ease- ment pedestrian easement for a future nature trail across the property has been set aside near the wetlands; when and if this trail is built, it will greatly enhance the value of these wetlands for recreation. i) Open space and aesthetics: Sections of the wetlands are visible from Interstate 89 and from the Summer Woods development, so they are significant for this function. The wetlands will remain untouched by the development, therefore this function will be unaffected. As noted above, a future nature trail along the edge of the wetland complex may increase the significance of the wetlands for open space and aesthetics. j) Erosion control through binding and stabilizing the soil: The wetland is not significant for this function. 15. Demonstrate by narrative and reference to plans that the following mitigation measures have been used to achieve no undue adverse impacts to the protected wetland functions. a) Can the proposed activity practicably'be located on an upland portion of the site or on another site owned, controlled or available to satisfy the basic project purpose? (Explain). The development is entirely on upland portions of the property, with only parts of embankments bordering the storm water detention pond located in wetland buffer zone. The detention pond is necessarily located at the lowest point in the development, hence its location near the wetlands. b) Demonstrate how all practicable measures been taken to avoid or minimize adverse impacts on protected functions, including project redesign or project scale back. The project has been redesigned to move struc- tures and roadways out of the wetland buffer zone, and the number of buildings has been reduced from 27 to 23. The functions for which this wetland has determined to be significant - water storage for flood water & storm runoff, surface & ground water protection, wildlife & migratory bird habitat, hydrophytic vegetation habitat, and open space and aesthetics - will not be impacted by the development as proposed. CUD-7 c) For wetlands that have been disturbed, what steps will be taken to restore impacted functions (e.g., plantings, seeding, mulching exposed soil, removal of fill, etc.) No wetlands will be disturbed by this development. 16. Wetland compensation (creating replacement wetlands) is a measure to mitigate adverse impacts on protected functions that will only be possible in rare cases for specific functions (see Section 8.5.c of the Vermont Wetland Rules). If a compensation plan is part of this proposal, demonstrate by narrative and reference to plans how the steps in Section 8.5c(1-7) will be met. No compensation is proposed for this project. DISTRIBUTION 17. Submit the original request for conditional use determination to the Wetlands Office, Division of Water Quality, 103 South Main Street, 10 North, 2nd Floor, Waterbury, Vermont 05671-0408. Notification of receipt will be sent to the applicant once a complete applica- tion has been received by the Wetlands Office. 18. After receiving notification of completeness from the Wetlands Office, send a complete copy of the application to the Town Clerk and Regional Planning Commission. Also, send copies of the location map, a description of the specific action(s) for which conditional use determination is sought, the supporting narratives, and a listing of where complete copies of the request have been filed to: a) the municipal planning commission and/or conservation commission b) all persons owning property within or adjacent to the wetland or buffer zone (Item 10. of the application). CUD-8 SIGNATURES 19. I Hereby certify that the information provided above or attached to this application is true and accurate to the best of my knowledge. application). q lec c�` C" //11 . -i � l ignat e f Applicant Dat6 Signature of Applica4t 's Representative CUD-9 Date T x �3pp i .300 %40 1, a • ' South �� �' • •••• Burling' •• .. N w Figure 1. Project location on National Wetlands Inventory Map. 44 ,dA ILI Figure 2. Project location on Soil Conservation Service soil map. VERMONT WETLAND EVALUATION FORM VERMONT WETLAND EVALUATION FORM Project Name: Centennial Heights Date: 27 July 1994 Investigator: E.C.Briggs & A.V.Gilman SUMMARY OF FUNCTIONAL EVALUATION YES 1. Water Storage for Flood Water and Storm Runoff YES 2. Surface and Ground Water Protection NO 3. Fisheries Habitat YES 4. Wildlife and Migratory Bird Habitat YES 5. Hydrophytic Vegetation Habitat NO 6. Threatened and Endangered Species Habitat NO 7. Education and Research in Natural Sciences NO 8. Recreational Value and Economic Benefits YES 9. Open Space and Aesthetics NO 10. Erosion control Through Binding and Stabilizing the Soil NOTE: This form has been developed by the Department of Environmental Conservation, as a preliminary field checklist. Under Section 4.7 of the Vermont Wetland Rules, the Department of Environmental Conservation is given the authority to issue advisory opinions as to which functions, if any, are provided by a significant wetland. Although the Department may use this form as part of its evaluation of a particular wetland, completion of this form does not constitute a determination by the Department. Please contact the wetlands office at 241-3770 with questions about this form or about determining the functions that are provided by any particular wetland. Formal determinations are made by the Water Resources Board. WEF-1 1. Water Storage for Flood Water and Storm Runoff Are any of the following conditions present downstream of the wetland, but upstream of a major lake or pond, that could be impacted by a loss or reduction of the water storage function: NO 1. Developed public or private property; YES 2. Stream banks susceptible to scouring & erosion; NO 3. Important habitat for aquatic life. If so, the wetland is significant if any of the following conditions are met: YES a. Constricted outlet or no outlet and an unconstricted inlet; Wetland complex drains under Interstate 89 through culverts. YES b. Physical space for floodwater expansion and dense, persistent, emergent vegetation or dense woody vegetation that slows down flood waters during peak flows and facilitates water removal by evaporation and transpiration; YES c. If a stream is present, its course is sinuous and there is sufficient woody vegetation to intercept surface flows in the portion of the wetland that floods; d. Ratings of High or Moderate for Floodflow Alteration Effectiveness and Opportunity using the Wetland Evaluation Technique. Describe any characteristics of the watershed that may increase the volume of runoff reaching the wetland, such as large urbanized areas, relatively impervious soils or steep slopes: Are any of the following conditions present, which may decrease the significance of the wetland for this function: e. Wetland surface area is less than 1% of the watershed. area of wetland watershed area x 100 = x 100 + % NO f. Wetland is contiguous to a major lake or pond that provides storage benefits independently of the wetland. WEF-2 YES g. The wetland's storage capacity is created primarily by beaver dams or other temporary structures. 2. Surface and Ground Water Protection Describe any land uses or characteristics of the watershed that may contribute point or nonpoint sources of sediments, toxicants or nutrients to the wetland, such as: steep erodible slopes; row crops; dumps; areas of pesticide, herbicide or fertilizer application; feed lots; parking lots or heavily traveled road; and septic systems. These factors will influence the importance of this function. The wetland is likely to be significant if any of the following conditions are met: NO a. The wetland recharges a well head or aquifer protection area or a Class I or Class II ground water area: YES b. Reduces levels of contaminants in surface waters which recharge underlying or adjacent ground waters; NO c. Contributes to the flows of Class A surface waters; YES d. Enhances or protects water quality through chemical action or by the removal of nutrients (3 of the following 6): YES constricted or no outlets; water sampling indicates removal of pollutants or nutrients; NO fine mineral soils and alkalinity not low; NO no dead forest or shrub areas, and no ditches or channels that confine water; YES low water velocity through dense, erect vegetation; YES hydroperiod permanently flooded or saturated. YES e. Enhances or protects water quality by the retention or removal of sediments or organic matter, or by moderating the adverse water quality effects of soil erosion or stormwater runoff; no artificial channelization of the wetland, no soil tillage and any one of the following: YES constricted or no outlet; WEF-3 water sampling indicates retention of sediments or organic matter; YES wetlands in depositional environments with erect persistent vegetation >20 feet wide; NO wetlands with persistent vegetation comprising a defined delta, island, bar or peninsula. f. Ratings of High or Moderate for Sediment Retention or Nutrient Removal using the Wetland Evaluation Technique. 3. Fisheries Habitat The wetland is likely to be significant if any of the following conditions are met: NO a. Provides spawning, nursery, feeding or cover habitat for fish (documented or professionally judged); NO b. Documented spawning habitat for northern pike; YES c. Contains woody vegetation that overhangs the banks of a stream or river and provides any of the following: shading that controls summer water temperature; cover including refuges created by overhanging branches or undercut banks; source of terrestrial insects as fish food; or streambank stability. NO d. Provides cold spring discharge that lowers the temperature of receiving waters and creates summer habitat for salmonid species. Comments: There is no evidence that these wetlands serve as fisheries habitat. 4. Wildlife and Migratory Bird Habitat The wetland is likely to be significant if any of the following conditions are met: YES a. Habitat to support one or more breeding pairs or broods of waterfowl; YES b. Supports or has the resting, staging or roosting habitat to support waterfowl migration; YES c. Provides a nest site, a buffer for a nest site or feeding habitat for great blue heron, black - crowned night heron, green -backed heron or snowy egret; WEF-4 NO d. Supports or has the habitat to support one or more breeding pairs of any of the following species of birds: Virginia rail, sora rail, common moorhen (gallinule), American coot, snipe, horned grebe, marsh wren, Wilson's warbler, rusty blackbird, bay -breasted warbler, blue -gray gnatcatcher, black tern, American bittern, pied -billed grebe, least bittern, northern harrier, short -eared owl, black - backed woodpecker, three -toed woodpecker, spruce grouse, and Cerulean warbler; NO e. Contains evergreen trees and provides winter or necessary feeding habitat for white-tailed deer; NO f. Provides necessary feeding habitat for black bear or moose; YES g. Contains evidence that it is used by muskrat, otter or mink; YES h. Supports an active beaver dam, one or more lodges, or evidence of us in two or more consecutive years by an adult beaver population; NO i. Provides habitat that supports the reproduction of Jefferson salamander, blue -spotted salamander, yellow -spotted salamander or other uncommon amphibians; NO k. Supports or has the habitat to support populations of any of the following reptile species: wood tur- tle, map turtle, stinkpot turtle or spotted turtle; YES 1. Meets four or more of the following conditions indicative of wildlife habitat diversity: YES 1. three or more wetland vegetation classes (greater than 1/2 acre) present (not including wet meadows); YES 2. the dominant vegetation class is marsh or swamp; YES 3. located contiguous to a lake, pond, river or stream; YES 4. 50% or more surrounded by forest, agricul- tural land, old field or open land NO 5. emergent or woody vegetation occupies 26 to 75 percent of wetland, the rest is open water; and WEF-5 I YES 6. one of the following: YES i. hydrologically connected to other wetlands of different dominant classes or open water within 1 mile; YES ii. hydrologically connected to other wetlands of same dominant class within 1/2 mile; NO iii. within 1/4 mile of other wetlands of different dominant classes or open water, but not hydrologically connected; NO M. Owned by state and federal government and managed as a wildlife area; and YES n. Contains evidence that it is used by wetland dependent wildlife species. Comments: 5. Hydrophytic Vegetation Habitat The wetland is significant if any of the following conditions are met: NO a. Wetland is one of the following types of uncommon plant communities: bogs, fens, alpine peatland or black gum swamps. NO b. Exceptional example of one of the following wetland types: deep marsh dominated by rushes or cattails, shallow marsh, shrub swamp, wooded swamp dominated by hardwoods, cedars or spruce/fir/ tamarack; YES c. Provides habitat for rare species of hydrophytic vegetation; NO d. Contains one or more plant species at their range limits; and NO e. Contains disjunct plant species 40 miles or more from the nearest population. Species or communities of concern: Bristly crowfoot (Ranunculus pennsylvanicus) occurs in the Class Two wetland at the southwest corner of the property. WEF-6 6. Threatened and Endangered Species Habitat Wetlands that contain species on the federal or state threatened or endangered lists are significant for this function. The wetland is also likely to be significant if either of the following apply: NO a. There is creditable documentation that the wetland provides important habitat for any species on the federal or state threatened or endangered species lists; NO b. There is creditable documentation that threatened or endangered species have been present in past 10 years. Name of species and ranking: None. 7. Education and Research in Natural Sciences The wetland is likely to be significant if any of the following apply: NO a. Owned by or eased to a public entity dedicated to education or research; NO b. History of use for education or research, or scientific papers exist on the wetland; NO C. Has one or more characteristics making it valuable for education or research. Comments: 8. Recreational Value and Economic Benefits The wetland is likely to be significant if any of the following apply: NO a. Used for or contributes to recreational activities; NO b. Provides economic benefits; NO C. Provides important habitat for fish or wildlife which can be fished, hunted or trapped; NO d. Used for harvesting of wild foods. Comments: Although the wetlands provide wildlife habitat, their location within the City of South Burlington limits opportunity for hunting and trapping. 9. Open Space and Aesthetics The wetland is likely to be significant if either of the j following apply: YES a. Can be readily observed by the public, and possesses special or unique aesthetic qualities as open space; YES c. Has prominence as a distinct feature in the surrounding landscape. Comments: 10. Erosion Control through Binding and Stabilizing the Soil The wetland is likely to be significant if there are erosive forces present and any of the following Characteristics are present: YES a. Forested, shrub, or emergent wetland adjacent to a lake, river, or stream; YES b. Dense, erect vegetation greater than 20 feet wide; NO C. Wetland substrate exposed to erosive forces is rubble, cobble or gravel; YES d. Good interspersion of persistent emergent vegetation and water along course of stream flow; YES e. Studies show that wetlands of similar size, vegetation type, and hydrology are important for erosion control; f. Ratings of High or Moderate for Sediment Stabilization using the Wetland Evaluation Technique. What type of erosive forces are present: NO Lake fetch and waves; NO High current velocities; NO Water level influenced by upstream impoundment. WEF-8 CORPS' OF ENGINEERS WETLAND DATAFORMS Project Title: /P��� File Number: Transect: / Plot: Ml z/w") Dole: Z7Ja0 /4ff4 DATA -- VEGETATION Stratum end Species (DOMINAMS ONLY) Dominance RoUo Percent I Dominance NWI Status Infd Alf," 5 .r1O �9&I'r F.PAYi.✓dJ �� civcoNq �0 F',q C u ����Nus o,Ir� ,►rcr� � J O Fq c La,�„cF,�, rarovo� S' ��U�vf vi�,i.v��►�/.o /� F,�c u Awl rSG Air 101el)J Wl el ��,✓��vfir p {,qM , /idny o C�0.✓.rd C�J%f Z S �/� l U �o/i�,,yo .fufor e 5' c /dfnir GiN/dcccnTdl j' {l(w Z�r�/j�iF�J cI/fi✓r�r T,C ��.�Pk �2�r�t,• /J �� Tally (Dominants ONLY): OBL: FACW: FAG: / FACU: Z UPL: 1 SUM; 100 x Domincnt(OBL+FACW+FAC)/Tally Sum Describe Vegetation Disturbance: Describe Problem Vegetation: S DATA -- SOIL Soil Taxonomy: Corpsof Engineers na Re tol Droina a Gloss: Criterion: Is Published Soil Survey Available? Yes® No Q Tille/Date: veM Soil Type Mopped: /'/UAIra,)4 /Q/l�j' IIIIA� (//-fZ Depth Horizon Matrix Colorolor (Munsell, Moist) of Mottles Munsell, M ist) USDA Texture, iron or manganese nodules or concretions, restrictive layers. distribution, undonce/Conlrosl root oxidixcd rhizospheres, etc. Remarks: PLJO( Sketch Landscape Position: 1, 'HO' M oe W. bs«ly le ..NN.e. that tN ore I. HOT HYDRIC SOIL DETERMINATION NOTE- 1 TNe Wrp,•We n. may be Inoppo,olesp,bt. In vmnud taw.. All dominant plants are OBLIGATE. ® AN dominant plants ore FACULTATIVE WET AND OBLIGATE and the topographic boundary Is abrupt. Soil is frequently PONDED or FLOODED for a duration longer than Iwo weeks during the growing season. (attach on explanation of the bosh for your conclusions). o ® The soil meets the Corps of Engineers regional criteria as a VERY POORLY DRAINED SOIL' and there is no evidence of altered hydrology. ©The soil meets the Corps of Engineers regional criteria as a POORLY DRAINED SOIL' and there is no evidence of altered hydrology. ®The soil meets the Corps of Engineers regional criteria as o SOMEWHAT POORLY DRAINED SOIL that has either of the following two characteristics': Yea NO ® 1. Within 6 Inches of the soil surface there are: Yes No o. soil mottles within on A or Ap horizon and the subsoil is mottled throughout; OR CD ® b. common to many, distinct or prominent mottles with a matrix of chromo 3 or less; OR ®c. distinct or prominent oxidized rhizosphores and the subsoil Is mottled throughout. O ® 2. Within 24 inches of the soil surface, there are mottles which ore common to many, distinct or prominent, and that are chromo 2 or less, and one of the following: Yes No © a. In the horizon that lies within 10 inches of the soil surface and directly beneath a dark" A or Ap horizon, the matrix is chromo 3 or lots, the mottles ore at least 10X in abundance and distinct or prominent. b. When a dork'Ap horizon is between 10 and 14 inches thick, wetness morphology may be masked by organic molter. Normally, these problem situations will be considered hydric when: I. hydrophytes are prevalent, Ii, there is no evidence of altered hydrology, and fil, in the horizon that tits directly beneath the Ap horizon, the matrix color is chromo 3 or loss and mottles are at least 10% in abundance and distinct or prominent. Check here and attach a description of your procedures and conclusions if one of the following options wore chosen for your hydric soil determination: meosured rodox polentiols, colormetric lest for ferrous Iron lost (e•,-,—Dipyridil), or other meosurements and observations. • Typically in New England, soils hiving these morphologies will be classified M on oqulc suborder or on aquic subgroup In soil taxonomy. •• Note: a dark A or Ap Is defined as having a value of 3 or less Remarks: 1, lyd,ebgy Is orl.n I" ".I oilrkwl feet.. Is obu,.e, DATA dt _ hl.'pnle crane mv.l oe..WN the epp,.p Wt—. or V. ob. _.I;_ n DETERMINATION NOTE: eghl d IN es.on, r.an! w.NNr .onAUon, eN re1N•hW NIN.Ibm, .lc HYDROLOGY J. WNp,.lol;en of hjd,•bgy may r.quk. ,.p-1.4 ebw,vaaan...N more a.on en. uo.on, ❑ Recorded Data: Stream, lake or tidal gage Identification: Aeriol Photograph Identification: Other Identification: ❑ No Recorded Data Available REPORT ANY OF THE FOLLOWING OBSERVATIONS: Depth to Free Water, Depth to Saturation: Describe Altered Hydrology: ❑ Inundated ❑ Saturated in upper 12in. ❑ Water Works ❑ Oxidized Rhizospheres ❑ Drift Lines ❑ Water Stained Leaves ❑ Water —borne Sediment ❑ Surface Scoured Areas ❑ Wetland Drainage Patterns Deposits n ❑ No Evidence of Significant Hydrological Modification AND there is one or more Morphological Plant Adaptation SUCH AS: ❑ Pneumotophores ❑ Buttressed Troes ❑ Hypertrophied Lenticols ❑ Stooling ❑Advenlitlous Roots ❑ Inflaled Leaves, Stems, or Roots ❑ Shallow Root Systems ❑ Floating Leaves ❑ Aertnchymo in Roots k stems ❑ Polymorphic Leaves ❑ Hydric Soils and NO visible evidence of significant hydrological modiflcotion Remarks: /N,( AlAlkiCF lwo't �y CONCLUSIONS Project rue: /1 p T�NFi� w Delineator. Transact: / Plot: U�(n� Nee: 2 J Yes No Hydrophytic Vegetation Criterion Mel? ❑ Hydric Soils Criterion Met? ❑ ® Yes No Wetland Hydrology Criterion Met? Q © IS THIS DATAPOINT WfTHIN A WETLAND] ❑ ] Remarks: Project Title: File Number: TransecL / Plot: �fGT/jy,�/j� �fLJ� r0` 8� Dole. 27Jv/ If DATA -- VEGETATION Stratum and Species (DOMINANTS ONLY) Dominance Ratio Percent Dominance NWI Status 4&4JJ' /0/rICRIu9.Vq F CW �/.✓YJ .Pu��,, � fAcW 00L fl�.cl� S7Ru%A / U aL cl6/�/✓UM dv/u.�.�RR � AC - Gr lU-' MLfr7T( u2 -A P�f yo��.+, ss1�7Ter0.�1 ,tvv �lj>'E�S TK ` Tally (Dominants ONLY): OBL: I FACW: FAC: FACU: UPL: 1 SUM: 100 x Dominant(OBL+rACW+FAC)/Tally Sum /Q Describe Vegetation Disturbance: Describe Problem Vegetation: DATA -- SOIL Soil Taxonomy: Cores of Engineers Re Iona? Drain. a Class: Criterion: Is Published Soil Survey Available? Yes © No Q Tille/Dote: ,J rOl )j, �JD/L (6VI7j,�IZI Soil Type Mopped: A llulnAI INN `/Z4vey/ /y7y Depth Horizon Matrix Color (Munsell, Moist) dolor of Mottles (Munsell, Moist) USDA Texture, iron or manganese nodules or concretions, restrictive rr e—� .A lefl J/z Abundance/Controsl 7 "' 'rs, root distribution, oxidixed rhizo3pheres, etc. Sys �/y s.I/�O. Grp/D,z�s �-l� o J�ilsreJ t� Remarks: Sketch Landscape Position: .. '� aby pie; I. 9U' 1, et W. Wxwing 1. -Id— that " ..II Is NOr MrDRtc SOIL DETERMINATION NOTE: L n . 0—m"t Is rood for ... by W N.. 11 end Cap. of C .-1 w.l..d. W..1. NI. CngbW slot.. may ►• tnoppraprtet•. I TN. Wrpr.W1 n„t:ru essay ►. tropprop,1.1. In ww.vd ea..., Ties No ® All dominant plants are OBUCATE. ® All dominant plants are FACULTATNE WET AND OBLIGATE and the topographic boundary Is abrupt, ® Soil is frequent!/ PONDED or FLOODED for a duration longer than two weeks during the growing season. (attach on explonolion of the basis for your conclusions). ®The soil meets the Corps of Engineers regional criteria as a VERY POORLY DRAINED SOIL' and there is no evidence of altered hydrology. ®� The soil meets the Corps of Engineers regional criteria as a POORLY DRAINED SOIL and there is no evidence of altered hydrology. ®The soil meets the Corps of Engineers regional criteria as a SOMEWHAT POORLY DRAINED SOIL that hot either of the following two characteristics': Yes NO CD ® 1. Within 6 Inches of the soil surface there are: Yet No a o a. soil mottles within on A or Ap horizon and the subsoil is mottled throughout; OR b. common to many, distinct or prominent mottles with a matrix of chromo 3 or less; OR CD C3 c. distinct or prominent oxidized rhizospheres and the subsoil Is mottled throughout. 2. Within 24 inches of the soil surface, lbtre are mottles which ❑ ❑ are common to many, distinct or prominent, and that are chroma 2 or less, and one of the following: Yea No a so In the horizon that lies within 10 Inches of the soil surf and directly beneath a dark" A or Ap horizon, the matrix Is chroma 3 or less: the mottles ore of least 1OX In abundance and distinct or prominent. F-1 El b, When a dork'Ap horizon Is between 10 and 14 inches thick, wetness morphology may be masked by organic motto. Normally, these problem situations will be considered hydrk when: 1. hydrophytes are prevalent. It. there is no evidence of altered hydrology, and lii, in the horizon that lies directly beneath the Ap horizon, the matrix color is chroma 3 or lest and mottles are of least IOX in abundance and distinct or prominent. ❑ Check here and attach a description of your procedures and conclusions if one of the following options were chosen for your hydrk toll determination: measurtd redox potentials, colormetric lost for ferrous Iron test (d,-,—DipyridlQ, or other measurement and observations. . Typically In New England, soils having these morphologies will be classified In on oquic suborder or on oquie subgroup In soil taxonomy. •• Note: a dark A or Ap Is defintd as having o value of 3 or less Remarks: (. lydrelogy Is eft.n IM mod 6flicvd..n ll f•v. Ie ebs, DATA k �• n NOTEW., oL.L% t mv.t een.Id.r W epgropA t—. of W .b--t;-. DETERMINATION : lght of tM sworn, —I .•NM e"ll—, .M ..t..I,.d 0w06-. do HYDROLOGY J. W.rpr.Wil- .t Iydretegy may r.qJ,. r.p-t.d ob—t;-, w.r —4 U— Or11 Ma.On. ❑ Recorded Data: Stream, lake or lidol goge Identification: Aerial Photograph Identification: Other Identification: ❑ No Recorded Data Available REPORT ANY OF THE FOLLOWING OBSERVATIONS: Depth to Free Water. Depth to Saturation: Orr Describe Altered Hydrology: ❑ Inundated ® Saturated in upper 12in. ❑ Water Works ® Oxidized Rhizospheres ❑ Drift Lines ❑ Water Stained Leoves ❑ Water —borne Sediment ❑ Surface Scoured Areas ® Welland Drainage Patterns Deposit r ❑ No Evidence of Significant Hydrological Modification AND there is one or more Morphological Plant Adaptation SUCH AS: ❑ Pneumatophores ❑ Buttressed Trees ❑ Hypertrophied Lenticels ❑ Stooling ❑Adventitious Roots ❑ Inflated Leaves, Stems, or Root ❑ Shallow Root Systems ❑ Floating Leoves ❑ Aarenchymo in Roots & stems ❑ Polymorphic Leaves ❑ Hydric Soils and NO visible evidence of significant hydrological modification Remarks: / /4r,eX `,.f A� /l/JiG'✓e G %L�p�SyNf y t/CxI CONCLUSIONS Project Title. /"u4"� lQlfD Delineator, / Transact: , Plat: Date: Hydrophylic Vegetation Criterion Yes No Met? ❑ Hydric Soils Criterion Met? ,� ❑ Yes No Wetland Hydrology Criterion Met? ❑ IS THIS DATAPOINT WITHIN A WETLAND? ® ❑ Remarks: Project Title: File Number, �i9lrolw 1,5W Tronsecl: 2 Plot: 1//41PAD J Dale: 17JU DATA -- VEGETATION Stratum and Species (DOMINANTS ONLY) Dominance Ratio Percent Dominance NWI Status r9P�r �N�J �ST.�ob�J ZS Fitcu A'q /fuOe'/l1 rSA�/inl�f�fL1/ld>;f lwau luJ fC°Q6TiNiJ 7 e) �(l{ /f�;1.4MAA41' I"fl.71114 P/&'f'✓U/ff z D FAQ y��6f s 7C"'f cs /NT6:"fMG�J�/e /0 /SAC Lt Tolly (Dominonls ONLY): OBL.. FACW: FAC: 1 FACU: 2 UPL: SUM: 100 x Dominant (OBL+FACW+FAC)/Tally Sum SQ i Describe Vegetation Disturbance: Describe Problem Vegetation: DATA -- SOIL Soil Taxonomy: Cores of Engineers Re tonal Draino a Gloss: Criterion: Is Published Soil Survey Availoble? Yes Z No ❑ T tle/Dale: e-N/7iENJ 0 v CpJ,Jt Soil Type Mopped: 14fUwfau 4 A3"JNAM J//T LOAM I4rt fUifU(4' /7%) Depth Horizon Molrix Color (Munsell, Moist) Color of Mottles (Alunsell, Moist) AAAbbbundonce/Conlrosl USDA Texture, iron or manganese nodules or concretions. restrictive toyer:, distribution, root oxidized rhizospheres, etc. /1= p DOFF . 3 /r A, Il Yl� 31-7 3 ,o- 111 /oyV y�� /Nom Fs ��� f,•�� /Dye 'Ile Remcrks: Sketch Landscape Position: Plan I . 'Na• In M I-,. bP-1,4 Is o.N.ne. awl v...s I. Ror knAx: SOIL DETERMINATION NOTE: L TNs cn«bx.l N vasd fw u.. by th. N.w CndoM a«pe eI Cnp--; ►itid. Ih. 0. N.w Enpknd S1.1.. may b. Lwpprep.bt.. I TN. Lawp,.liv. -A" may b. Lwpprop,Iale In v—d caw.. Yes No © All dominant plants ore OBLIGATE. CD © AA dominant plants are FACULTATIVE WET AND OBLIGATE and the topographic boundary Is abrupt. © Soil is frequently PONDED or FLOODED for a duration longer than two weeks during the growing seoson. (attach on explanation of the basis for your conclusions). ®The soil meets the Corps of Engineers regional crRorio as a VERY POORLY DRAINED SOIL' and there is no evidence of altered hydrology. ©The soil meets the Corps of Engineers regional criteria as a POORLY DRAINED SOIL and there is no evidence of offered hydrology. LJ The soil meets the Corps of Engineers regionof criteria as a LJ SOMEWHAT POORLY DRAINED SOIL that has either of the following two characteristic': Yea NO ® 1. Within 6 inches of the soil surface there arc Yes No © o* soil mottles within on A or Ap horizon and the subsoil is mottled throughout; OR O © b, common to many, distinct or prominent mottles with a matrix of chroma 3 or less; OR c. distinct or prominent oxidized rhizospheres and the subsoil Is mottled throughout. 2. Within 24 inches of the soil surface, there ore mottles which O © are common to many, distinct or prominent, and that ore chroma 2 or less, and one of the following: Yes No a. In the horizon that lies within 10 Inches of the soil surface and directly beneath a dark" A or Ap horizon, the matrix Is chroma 3 or less, the mottles are of least iOX in abundance and distinct or prominent. © b, When a dork•'Ap horizon Is between 10 and 14 inches thick, wetness morphology may be masked by organic mailer, Normally, these problem situations will be considered hydric when: I. hydrophytes ore prevalent, If. there is no evidence of altered hydrology, and id. in the horizon that Gcs directly beneath the Ap horizon, the matrix color is chroma 3 or less and mottles ore at least 10% in abundance and distinct or prominent. Check here and attach a description of your procedures and concluslons if one of the following options were chosen for your hydric soil determination: measured redox potentials, colormetric lest for ferrous Iron test (tr,d,—Dipyridil), or other meosuremcnts and observotions. . Typically in New England, soils having these morphologies will be classified in on cquic suborder or on ogvic subgroup in soil taxonomy. .. Note: a dark A or Ap is defined as having o value of 3 or less Remarks: 1. Hyaology Is erl.n 1N. —.t 61La41 fool— to ob— DATA & t. W.rW.kaons mr.I «nddor a,. oppr.pAo(.n.w .1 aw NOTE: .b..�aaa. DETERMINATION ephl •f It. r«.nl ..Nn.r canitkNw, .ad .et.+.hW .nrolba., .lc HYDROLOGY 3. kIvp,.l.Yon .1 lydrsbpy may r.q k. r.p-l.d ebw w an..•.r . awn one w ❑ Recorded Data: Stream, lake or tidal gags Identification: Aeriol Photograph Identification: Other Identification: ❑ No Recorded Data Available REPORT ANY OF THE FOLLOWING OBSERVATIONS: Depth to Free Water. Depth to Saturation: Describe Altered Hydrology: ❑ Inundoted ❑ Saturated in upper 12in. ❑ Water Morks ❑ Oxidized Rhizospheres ❑ Drift Lines ❑ Water Stained Leaves ❑ Water —borne Sediment ❑ Surface Scoured Areas ❑ Wetlond Drainage Patterns Deposits n ❑ No Evidence of Significant Hydrological Modification AND there is one or more Morphological Plant Adoptotion SUCH AS: ❑ Pneumolophores ❑ Buttressed Trees ❑ Hypertrophied Lenticels ❑ Stooling ❑ Adventitious Roots ❑ Inflated Leaves, Stems, or Roots ❑ Shallow Root Systems ❑ Floating Leaves ❑ Acrsnchymo in Roots & stems ❑ Pofymorphic Leaves ❑ Hydric Soils and NO visible evidence of significant hydrological modification Remarks: CONCLUSIONS Project Tlle:rAJ �OAD / /I Delineotor. ,!r(' QA%e, A, Transact: Z r Plot: 04^j)) Date: 77 J J f4 Yes No Hydrophytic Vegetation Criterion Met? ® ❑ Hydric Soils Criterion Mel? ❑ 2 Yes No Wit -fond Hydrology Criterion Mel? ❑ ® IS THIS DATAPOINT WITHIN A WETLAND? ❑ Remarks; Project Title: File Number: Transect: Plot: l/r°T/��� (��n� J�) Dole: 17JuCy5y DATA -- Stratum and Species Dominance Rol'a Percent Dominance NWI Status VEGETATION (DOMINAMS ONLY) syr�.�s tiO.J E �'E2/oS /n� o eric2rS G�pc'.rri t 7S '-Art—) MOTJ� OBL FACW: FAc: � FACU: UPL: lolly (Dominants ONLY): 2 SUM:'3 100 x Dominont(OBL+FACW+FAC)/Tolly Sum /UQ Describe Vegetation Nsturbonce: Describe Problem Vegetation: DATA -- SOIL Soil Taxonomy: CorPa of En9lneers Re tonal Drlo a Gloss: Criterion: Is Published Soil Survey Available? Yesg No Q Title/Data: 6NI772 "p� �6✓w2; roy, Soil Type Mapped:�SUn/�:%(A tlFOr�jyf�y�l�-rf�iCVCj� //`� Depth Horizon Matrix Color (Munsell, Moist) dolor of Mottles (F�unsell, M isl) USDA Texture, iron or manganese nodules or concretions, restrictive loxes, distribution, undonce/Contrast root oxidixcd rhizospheres, etc. O-/2' /l le,4 3/Z i p 6t� S/L1� �� �A <D,✓c�fio �J Remarks: Sketch Landscape Position: pcy PLOT I. -W ti ee s., f•ll.'eM It e.le.na. awl Ilw "ll to Wi M'aNIC SOIL DETERMINATION NOTE: L rN. slucesN h ..se to ... by In. N_ c.et" Cap. of zwgtw.•nt w w,lW. W. W. N.. fiybM Vot.. ,way ►. 4prepAal.. i IN. W.rp..d.e raulirw may ►. tnappr.plaW In ~.ol taw.. Oro All dominant plants ore OBLIGATE. © AA dominant plants are FACULTATIVE WET AND OBLIGATE and the topographic boundary is abrupt. ® Soil Is frequently PONDED or FLOODED for a duration longer than two weeks during the growing season. (attach on explanation of the basis for your conclusions). ci ® The soil meets the Corps of Engineers regional criteria as a VERY POORLY DRAINED SOIL' and there is no evidence of altered hydrology. ©The soil meets the Corps of Engineers regional criteria as a POORLY DRAINED SOIL' and there is no evidence of altered hydrology. ©c3 The soil meets the .Corps of Engineers regional criterlo as a SOMEWHAT POORLY DRAINED SOIL that has either of the following two characteristics': Yes NO © O 1. Within B Inches of the soil surface there are. Yes No ® O a. sal mottles within an A or Ap horizon and the subsoil is mottled throughout: OR O 0 b. common to many, distinct or prominent mottles with a matrix of chromo 3 or less; OR c. distinct or prominent oxidized rhizospheres and the subsoil Is mottled throughout. 2. Within 24 inches of the soJ surface, there ore mottles which ore common to many, distinct or prominent, and that are chrome 2 or less, and one of the following: Yes No El O a. In the horizon that ties within 10 Inches of the soil surface and directly beneath a dark" A or Ap horizon, the matrix Is chrome 3 or less; the mottles are at least 10R In abundance and distinct or prominent. a b. When a dork'Ap horizon Is between 10 and 14 inches thick, wetness morphology may be masked by organic matter, Normally, these problem situations will be considered hydrk when: L hydrophytes are prevalent, ti. then Is no evidence of altered hydrology, and W. in the horizon that lies directly beneath the Ap horizon, the matrix color is chrome 3 or less and mottles are at least 109 in abundance and distinct or prominent. ❑ Check hers and attach a description of your procedures and conclusions it one of the following options were chosen for your hydrk soil determination: measured redox polentioN. colormetric lest for ferrous Iron lest (••,tr,—Dipyridil), or other measurements and observations. • Typically In New England, soils having these morphologies will be classified la an oquic suborder or an oquic subgroup In soil taxonomy. •• Note: a dark A or Ap is defined as having a value of 3 or less Remarks: 1. lyeretaw Is oll- the ww.l'It4aA aNure It, ee..n.. DATA At L W.rpr.legms —1 esn.Ier N. oeWopAalwwa of aw oe..ro.l:en. k NOTE: DETERMINATION eyM of Ilw er.aw, r.t.N .•NNr .«Juw..N .N.r.>.N Nt•r.14n., •IG HYDROLOGY L Wwpr.tsden of Aydr.I.W w4y r.q k. sp-t*4 ae.. %I*.s w.r mer. Nen ono e.a••n ❑ Recorded Data: Stream, lake or tidal gage Identification: Aerial Photograph Identification: Other Identification: ❑ No Recorded Data Available REPORT ANY OF THE FOLLOWING OBSERVATIONS: Depth to Free Water. $ a Depth to Saturation: 6 rr Describe Altered Hydrology: ❑ Inundated © Saturated in upper 121n. ❑ Water Marks ❑ Oxidized Rhizospheres ® Drift Lines ® Water Stained Leaves Water —borne Sediment ❑ Surface Scoured Areas ®Welland Drainage Patterns Deposits ❑ No Evidence of Significant Hydrological Modification AND there is one or more Morphological Plant Adaptation SUCH AS: ❑ Pneumolophores ❑ Buttressed Trees ❑ Hypertrophied Lenticels ❑ Stooling El Adventitious Roots ❑ Inflated Leaves, Stems, or Roots ❑ Shallow Root Systems ❑ Floating Leaves ❑ Aerenchymo in Roots & stems ❑ Polymorphic Leaves ❑ Hydrlc Soils and NO visible evidence of significant hydrological modification Remarks: (�//c2 Ndyz� 2wT.ii� ro,�.ryaaTerL.� CONCLUSIONS Project Title: /Y ROWv Delineator. ��lfjrjtSt_ i0 e—,/�ll.nwl Tronsect: r Plat: 4/1'fL,1r1U Date; Z7JdLy Sy Yes No Hydrophylic Vegetation Criterion Net? FS] ❑ Hydric Soils Criterion Net? ❑ ❑ Yes No Welland Hydrology Criterion Met? © IS THIS DATAPOINT WITHIN A WETLAND? ® ❑ Remarks: S T ORMWAT ER CALCULATIONS N_ April 1, 1996 Mr. Todd Sternbach Di,, son of Permits and Compliance 103 South Main Street, Annex Bldg. Waterbury, Vermont 05672 TRUDELL CONSULTING ENGINEERS, INC. RE Centennial Heights Discharge Permit for Stormwater Dear Todd: Enclosed is a Discharge Permit application for stormNwater for Centennial Heights off Patchen Road in South Burlington, Vermont. The project consists of 23 residential buildings on 27.7 acres. The buildin--s are sited on 7. 5 acres of the site. The remaininn 20.2 acres will remain undisturbed. Storm�vater «rill be collected from the roadway using catchbasins and pipes and will be conveyed to a detention basin. The basin will collect sediment and allow for slow release of stornnwater. The 7.5 acre developed site is characterized as follow: Pre -development runoff 7 cfs Post -development runoff 19 cfs Post -development runoff 5.3 cfs (dischar;e from detention pond) Attached is the application form, plans, details, erosion controls, application fee, an detailed calculations if you have any question s,please call. Very truly yours, TRUDELL CONSULTING ENGINEERS, INC. I y Tyler Hart, P.E. P O. Box 308 14 Blair Park Road Williston, Vermont 05495 (802) 879-6331 IAPPLICATION FOR PERMIT TO DISCHARGE WASTE ISTATE OF VERMONT AGENCY OF NATURAL RESOURCES DEPARTMENT OF ENVIRONMENTAL CONSERVATION PERMITS AND COMPLIANCE DIVISION CHAPTER 47 of Title 10 V.S.A. 1. Applicant: Randah Munson Legal Entity Individial 2. Mailing Address: C/O So. Burlington Real 366 Dorset St. So. Burlington, vt 05403 3. Contact: Tyler Hart Telephone: 879-6331 4. Name of Centennial Heights Location: Patchen Rd. So. Burlington Activity: 5. Type of Activity: Residential PRD 6. Nature of Waste: Sanitary Industrial Commercial Drainage X Other (Describe) Stormwater, collected, detain, discharged 7. Receiving Water: Winooski River 8. Status of Discharge: X Proposed Existing (Permit Number: 9. The applicant hereby apphes for a: X Discharge Permit Indirect Discharge Permit Emergency Pollution Permit Pretreatment Discharge Permit to discharge wastes, directly or indirectly, into water of the State from the above named activity as described in this application, its attached schedule(s), plans and specifications. 10. Application is for X Original Permit _ Permit Renewal. If this is for a permit renewal, is original application still valid in all respects? _ If not, attach schedule(s) for major changes. Minor changes may be documented by letter. 11. Enter below, using a separate serial number (SIN), to identify each independent discharge which will result from the activity described in Item 4. Attach separate schedule for each discharge identification below. S/N 001 Outlet from detention pond 004 002 005 003 006 12. Application Fee Enclosed 13 S J� % 7 i Date of Application AUTHORIZED REPRESENTATIVE (PRINT) ,TITLE SIGNATURE FORM WR-82 (REV. 5/90) DISCHARG STATE OF VERMONT AGENCY OF NATURAL RESOURCES DEPARTMENT OF ENVIRONMENTAL CONSERVATION SCHEDULE D: DRAINAGE (Including Stormwater) CHAPTER 47 OF TITLE 10 V.S.A. DATE: 04/01 /96 ID-1 APPLICANT: Randall Munson ACTIVITY: D-2 DISCHARGE SIN: 001 DESIGNATION: Outlet from detention pond D-3 EXACT LOCATION ON RECEIVING WATER (DESCRIBE AND LOCATE ON MAP): see locus plan HOW ARE WASTES CONVEYED TO RECEIVING WATER?: Overland after detention storage D-5 TYPE OF DISCHARGE: STORMWATER RUNOFF: SOURCES (IN ACRES) PAVED ROADS: 1.07 A. UNPAVED ROADS: 0 A. PAVED PARKING LOTS: .75 A. UNPAVED PARKING LOTS: 0 A. ROOFS: 1.45 A. NATURAL TERRAIN: 4.03 A. OTHER (specify): 0.2 A. TOTAL: 7.5 A- * a--- -�k atr � iuc W 5 PRE -DEVELOPMENT PEAK FLOW: 19 CFS POST -DEVELOPMENT PEAK FLOW: 5.3 CFS RECEIVING STREAM WATERSHED AREA (sq. miles) ABOVE DISCHARGE POINT: 0.39 sq. miles RATIO OF STREAM WATERSHED AREA (sq. miles) TO AREA OF ROAD AND PARKING LOTS (acres): 0.39 / 1.82 = 0.21 PROPOSED TREATMENT (check all that apply): GRASS OR STONE LINED SWALES: _ CATCH BASINS: X OVERLAND FLOW ACROSS VEGETATED TERRAIN: X DETENTION POND (attached design details): X , SEDIMENTATION BASIN (attach design details): _ OTHER (specify and attach design details): GROUNDWATER AND RETURN FLOWS: SOURCE (check all that apply): FOUNDATION DRAIN: _, CURTAIN DRAIN: _, SPRING: _, WELL: MINE: — QUARRY: POND: _ WATER WHEEL OF TURBINE: _, FILTER BACKWASH: _, OTHER (specify): _. DISCHARGE: ESTIMATED DISCHARGE: _ CFS, FREQUENCY: DURATION: PUMPING REQU=t: CONTAMINANTS PRESENT (specify): PROPOSED TREATMENT: D-6 ADDITIONAL INFORMATION: FORM WR-82-D (12/89) SCHEDD ZAPER.N= S-rORMSAM Quick TR-55 Version: 5.46 SIN: Page 1 TR-55 TABULAR HYDROGRAPH METHOD Type II Distribution (24 hr. Duration Storm) Executed: 04-02-1996 12:48:12 Watershed file: --> b:PREMUN .WSD Hydrograph file: --> b:PREMUN .HYD predevelopment Munson »» Input Parameters Used to Compute Hydrograph «« AREA CN Tc * Tt Precip. Runoff Ia/p jSubarea scription (acres) (hrs) (hrs) (in) I (in) input/used ------------------------------------------------------------------------------- 0 oded 7.50 66.0 0.10 0.10 3.36 1---0_73 .31 .30 * Travel time from subarea outfall to composite watershed outfall point. Total area = 7.50 acres or 0.01172 sq.mi Peak discharge = 7 cfs I »» Computer Modifications of Input Parameters ««< ------------------------------------------------------------------------------- Input Values Rounded Values Ia/p (Subarea Tc * Tt Tc * Tt Interpolated Ia/p Description (hr) (hr) (hr) (hr) (Yes/No) Messages - weIded ---------------------------------------------------------------------------- * Travel time from subarea outfall to composite watershed outfall point. *7ITc & Tt are available in the hydrograph tables. Iuick TR-55 Version: 5.46 SIN: TR-55 TABULAR HYDROGRAPH METHOD Type II Distribution (24 hr. Duration Storm) Executed: 04-02-1996 12:48:12 Watershed file: --> b:PREMUN .WSD Hydrograph file: --> b:PREMUN .HYD predevelopment Munson »» Summary of Subarea Times to Peak «« Subarea -------------- wooded -------------- Composite Watershed Peak Discharge at Composite Outfall (cfs) -------------- 7 -------------- 7 Page_2 Time to Peak at Composite Outfall (hrs) ------------ 12.2 ------------ 12.2 Iuick TR-55 Version: 5.46 SIN: TR-55 TABULAR HYDROGRAPH METHOD Type II Distribution (24 hr. Duration Storm) Executed: 04-02-1996 12:48:12 Watershed file: --> b:PREMUN .WSD Hydrograph file: --> b:PREMUN .HYD predevelopment Munson Page,3 Composite Hydrograph Summary (cfs) ------------------------------------------------------------------------------- Subarea 11.0 11.3 11.6 11.9 12.0 12.1 12.2 12.3 12.4 L scription hr hr-----hr-----hr-----hr-----hr-----hr-----hr-----hr- wooded -- -------------------------------- 0 0 0 0 1 4 7 5 3 Tc al (cfs) 0 0 0 ------------------------------------ 0 1 4 7 5 3 --I---------------------------------------------------------------------------- Subarea 12.5 12.6 12.7 12.8 13.0 13.2 13.4 13.6 13.8 L scription hr hr-----hr-----hr-----hr-----hr-----hr-----hr-----hr- wooded 2 2 1 1 1 1 1 1 1 ---------------------------------------------------------- Tc lal (cfs) 2 2 1 1 1 1 1 1 1 --`---------------------------------------------------------------------------- Subarea 14.0 14.3 14.6 15.0 15.5 16.0 16.5 17.0 17.5 L scription---------- wooded ------------------------------------------------------------------------- 0 --------hr-----hr-----hr-----hr-----hr-----hr-----hr- 0 0 0 0 0 0 0 0 Tc [al (cfs) 0 0 0 0 0 0 0 0 0 -- ---------------------------------------------------------------------------- Subarea 18.0 19.0 20.0 22.0 26.0 r scription-------hr---- hr hr hr hr wooded ------------------------------------------------------------------------------- 0 ------------------------------------------------------ 0 0 0 0 Tc lal (cfs) 0 0 0 0 0 Quick TR-55-Version: 5.46 SIN: TR-55 TABULAR HYDROGRAPH METHOD Type II Distribution (24 hr. Duration Storm) Executed: 04-02-1996 12:48:12 Watershed file: --> b:PREMUN .WSD Hydrograph file: --> b:PREMUN .HYD predevelopment Munson Time Flow (hrs) ----------------- (cfs) 11.0 0 11.1 0 11.2 0 11.3 0 11.4 0 11.5 0 11.6 0 11.7 0 11.8 0 11.9 0 12.0 1 12.1 4 12.2 7 12.3 5 12.4 3 12.5 2 12.6 2 12.7 1 12.8 1 12.9 1 13.0 1 13.1 1 13.2 1 13.3 1 13.4 1 13.5 1 13.6 1 13.7 1 13.8 1 13.9 0 14.0 0 14.1 0 14.2 0 14.3 0 14.4 0 14.5 0 14.6 0 14.7 0 Time Flow (hrs) ----------------- (cfs) 14.8 0 14.9 0 15.0 0 15.1 0 15.2 0 15.3 0 15.4 0 15.5 0 15.6 0 15.7 0 15.8 0 15.9 0 16.0 0 16.1 0 16.2 0 16.3 0 16.4 0 16.5 0 16.6 0 16.7 0 16.8 0 16.9 0 17.0 0 17.1 0 17.2 0 17.3 0 17.4 0 17.5 0 17.6 0 17.7 0 17.8 0 17.9 0 18.0 0 18.1 0 18.2 0 18.3 0 18.4 0 18.5 0 Page 4 (�ick TR-55 Version: 5.46 SIN: TR-55 TABULAR HYDROGRAPH METHOD Type II Distribution (24 hr. Duration Storm) Executed: 04-02-1996 12:48:12 Watershed file: --> b:PREMUN .WSD Hydrograph file: --> b:PREMUN .HYD predevelopment Munson Time Flow (hrs) ----------------- (cfs) 18.6 0 18.7 0 18.8 0 18.9 0 19.0 0 19.1 0 19.2 0 19.3 0 19.4 0 19.5 0 19.6 0 19.7 0 19.8 0 19.9 0 20.0 0 20.1 0 20.2 0 20.3 0 20.4 0 20.5 0 20.6 0 20.7 0 20.8 0 20.9 0 21.0 0 21.1 0 21.2 0 21.3 0 21.4 0 21.5 0 21.6 0 21.7 0 21.8 0 21.9 0 22.0 0 22.1 0 22.2 0 22.3 0 Time Flow (hrs) ----------------- (cfs) 22.4 0 22.5 0 22.6 0 22.7 0 22.8 0 22.9 0 23.0 0 23.1 0 23.2 0 23.3 0 23.4 0 23.5 0 23.6 0 23.7 0 23.8 0 23.9 0 24.0 0 24.1 0 24.2 0 24.3 0 24.4 0 24.5 0 24.6 0 24.7 0 24.8 0 24.9 0 25.0 0 25.1 0 25.2 0 25.3 0 25.4 0 25.5 0 25.6 0 25.7 0 25.8 0 25.9 0 Page 5 Quick TR-55 Version: 5.46 SIN: Page 1 TR-55 TABULAR HYDROGRAPH METHOD Type II Distribution (24 hr. Duration Storm) Executed: 04-01-1996 12:13:40 Watershed file: --> b:POSTMUN .WSD Hydrograph file: --> b:POSTMUN .HYD Post Development Munson »» Input Parameters Used to Compute Hydrograph «« AREA CN Tc * Tt Precip. Runoff Ia/p [Subarea I scription ------------------------------------------------------------------------------- (acres) (hrs) (hrs) (in) I (in) input/used r sidential PRD 7.50 85.0 0.10 0.10 3.36 1 1.89 11 .10 * Travel time from subarea outfall to composite watershed outfall point. Total area = 7.50 acres or 0.01172 sq.mi IPeak discharge = 19 cfs I»» Computer Modifications of Input Parameters ««< ------------------------------------------------------------------------------- Input Values Rounded Values Ia/p ISubarea Tc * Tt Tc * Tt Interpolated Ia/p scription (hr) (hr) (hr) (hr) (Yes/No) Messages ------------------------------------------------------------------------------- r( idential PRD 0.10 0.14 0.10 0.10 -- --------------------------------------------- -------No * Travel time from subarea outfall to composite ------------------------ watershed outfall point. Iuick TR-55 Version: 5.46 SIN: TR-55 TABULAR HYDROGRAPH METHOD Type II Distribution (24 hr. Duration Storm) Executed: 04-01-1996 12:13:40 Watershed file: --> b:POSTMUN .WSD Hydrograph file: --> b:POSTMUN .HYD Post Development Munson »» Summary of Subarea Times to Peak «« Subarea -------------- residential PRD -------------- Composite Watershed Peak Discharge at Composite Outfall (cfs) -------------- 19 -------------- 19 Page 2 Time to Peak at Composite Outfall (hrs) ------------ 12.2 ------------ 12.2 �ick TR-55 Version: 5.46 SIN: TR-55 TABULAR HYDROGRAPH METHOD Type II Distribution ` (24 hr. Duration Storm) Executed: 04-01-1996 12:13:40 Watershed file: --> b:POSTMUN .WSD Hydrograph file: --> b:POSTMUN .HYD Post Development Munson Composite Hydrograph Summary (cfs) Page.3 Subarea 11.0 11.3 11.6 11.9 12.0 12.1 12.2 12.3 12.4 D cription-------hr-----hr-----hr-----hr-----hr-----hr------- hr hr -- residential PRD 0 1 1 3 6 12 ---------------- 19 16 8 ------------------------------------------------------------------------------- To �1 (cfs) 0 1 1 3 6 12 19 16 8 ------------------------------------------------------------------------------ Subarea 12.5 12.6 12.7 12.8 13.0 13.2 13.4 13.6 13.8 D r----don-------hr-----hr-----hr-----hr-----hr-----hr-----hr-----hr--------- hr residential PRD 5 3 3 2 2 1 1 1 1 ------------------------------------------------------------------------------- To �1 (cfs) 5 3 3 2 2 1 1 1 1 k--------------------------------------------------------------------------- Subarea------------ Subarea 14.0 14.3 14.6 15.0 15.5 16.0 16.5 17.0 17.5 hr -D^rcripton ------------hr-----hr-----hr-----hr-----hr-----hr-----hr-----hr--------- residential PRD 1 1 1 1 1 1 0 0 0 ------------------------------------------------------------------------------- To �1 (cfs) 1 1 1 1 1 1 0 0 0 -- k --------------------------------------------------------------------------- Subarea------------ Subarea 18.0 19.0 20.0 22.0 26.0 DA cription hr hr hr hr hr re;'dential PRD 0 0 0 0 0 ------------------------------------------------------------------------------- To �1 (cfs) 0 0 0 0 0 Quick TR-55 Version: 5.46 SIN: TR-55 TABULAR HYDROGRAPH METHOD Type II Distribution (24 hr. Duration Storm) Executed: 04-01-1996 12:13:40 Watershed file: --> b:POSTMUN .WSD Hydrograph file: --> b:POSTMUN .HYD Post Development Munson Time Flow (hrs) ----------------- (cfs) 11.0 0 11.1 0 11.2 1 11.3 1 11.4 1 11.5 1 11.6 1 11.7 2 11.8 2 11.9 3 12.0 6 12.1 12 12.2 19 12.3 16 12.4 8 12.5 5 12.6 3 12.7 3 12.8 2 12.9 2 13.0 2 13.1 2 13.2 1 13.3 1 13.4 1 13.5 1 13.6 1 13.7 1 13.8 1 13.9 1 14.0 1 14.1 1 14.2 1 14.3 1 14.4 1 14.5 1 14.6 1 Time Flow (hrs) ----------------- (cfs) 14.8 1 14.9 1 15.0 1 15.1 1 15.2 1 15.3 1 15.4 1 15.5 1 15.6 1 15.7 1 15.8 1 15.9 1 16.0 1 16.1 1 16.2 1 16.3 0 16.4 0 16.5 0 16.6 0 16.7 0 16.8 0 16.9 0 17.0 0 17.1 0 17.2 0 17.3 0 17.4 0 17.5 0 17.6 0 17.7 0 17.8 0 17.9 0 18.0 0 18.1 0 18.2 0 18.3 0 18.4 0 Page 4 Quick TR-55 Version: 5.46 SIN: TR-55 TABULAR HYDROGRAPH METHOD Type II Distribution (24 hr. Duration Storm) Executed: 04-01-1996 12:13:40 Watershed file: --> b:POSTMUN .WSD Hydrograph file: --> b:POSTMUN .HYD Post Development Munson Time Flow (hrs) ----------------- (cfs) 18.6 0 18.7 0 18.8 0 18.9 0 19.0 0 19.1 0 19.2 0 19.3 0 19.4 0 19.5 0 19.6 0 19.7 0 19.8 0 19.9 0 20.0 0 20.1 0 20.2 0 20.3 0 20.4 0 20.5 0 20.6 0 20.7 0 20.8 0 20.9 0 21.0 0 21.1 0 21.2 0 21.3 0 21.4 0 21.5 0 21.6 0 21.7 0 21.8 0 21.9 0 22.0 0 22.1 0 22.2 0 22.3 0 Time Flow (hrs) ----------------- (cfs) 22.4 0 22.5 0 22.6 0 22.7 0 22.8 0 22.9 0 23.0 0 23.1 0 23.2 0 23.3 0 23.4 0 23.5 0 23.6 0 23.7 0 23.8 0 23.9 0 24.0 0 24.1 0 24.2 0 24.3 0 24.4 0 24.5 0 24.6 0 24.7 0 24.8 0 24.9 0 25.0 0 25.1 0 25.2 0 25.3 0 25.4 0 25.5 0 25.6 0 25.7 0 25.8 0 25.9 0 Page_5 peak: Inflol Peak outf, = 130 cfs freak; Elevation _ 240.71 ft MIS Sumar y of Approbate peak: Stor ag- e in.,. Initial Etore.ge = 1 � cu-ft Peak Storage From Storm - 1" i.! =u-ft Total Storage in Pond = 15,122 !-ft Press <Enteri to conti,uc. HST"UN .HYD POND .FND ==== OUT M> Routing Summary Peak inflow = 19.00 cfs �ZC�I C5 Peak: outflow = ..30 cfs Peak; EIEVEtion = :91. v ft M it Summary of Approxicate Peak Storage ?i#t; initial Storage = Q cu-ft Peak Storage From Storm = 19,399 cu-ft Total Storage in Pond = 19,399 cu-ft POSTNUN .HYD FOND PND INITIAL CONDITIONS Elevation = 238.00 ft Outflow = 0.00 cfs Storage = 0 cu-ft GIvEN FOND DATA COMPUTATIONS ELEVATION (ft) OUTFLOW (cfs) STORAGE (cu-ft) 138.00 0.0 0 238.50 0.0 2,225+ 239.00 1.1 4,700 239.50 2.1 7,427) 240.00 3.2 240.50 5,3 13,671 241.00 5.? 17,169 241.50 5.3 20,391I 242.00 242.50 In "9 243.00 1� i ",444 24.3,50 10.0 38,r.o Press ;Enter; to continue. I l )S/t 2S t + O (Cis) 12.4 12.4 i 25.1 .7.2 41.3 33.4 41.0 57.8 55.5 1 100.8 121.4 1c,(; 148.0 j 151.2 ' 171.2 j j 165.8 I 155.8 I 211.1 � 221.1 i Press ;Esc- for summary. DETENT I ON POND VOLUPIES f� . VOL'J II This File - POND Scale ( ft: in ) - 1 Screen No. 1 itles: Detention pond Elevation (fit) Planimeter (sq.in.) Area (sq.ft) (sq.ft) Al+A2+lAl*A2 Volume (cubic -fit) 2Volume (cubic -fit) 238 4200 4,200 0 0 0 238.5 4702 4,702 13,346 2,224 2,224 239 5205 5,205 14,854 2,476 4,700 239.5 5705 5,705 16,359 2,727 7,427 240 6210 6,210 17,867 2,978 10,404 240.5 6885 6,885 19,634 3,272 13,677 i 241 7165 7,165 21,074 3,512 17,189 241.5 7645 7,645 22,211 3,702 20,891 242 8125 8,125 23,651 7,,942 24,833 242.5 8612 8,612 25,102 4,184 29,016 243 9100 9,100 26,565 4,427 -7344 r Esc Exit to Menu F1 - Insert Line Ctrl-X - Delete Line PgUp - Screen Back PgDn - Screen Ahead Ctrl-P - Print Data P O1+D 1)fTENTICN PHID RAT't,E TABLE f.P1!Dj u - Pond File 233 - W.S. Elev. OUT - Output File les:"lunson detention pond . I Elevation I iftj Outflow (cfs) Stcrage ";0.1 (cubic-ft) @ Elevation (fti Outflow i Storage r (cf3) (cubic -fti i I. li l i It 238 0 0 a 12 243.5 10. 1 3$%fi(1 a fl 1 238.5 0 .0 , 2225 13 i ij ;; ; 23S 1.080 4700 5 14 4 1 234.5 12.12 1 1427 P 15 1 13.2 10404 16 1 a G `240 240.5 5.3 13611 17 it ii 1 I 241 5.3 17189 1 1.0 1 I it i 241.5 5.3 2080,1 1 15 1 i 242 242.5 10. 2501E r: 21 P 11 I 243 10. 33444 22 I 1 G 1 1I I IF TRUDELL CONSULTING ENGINEERS, INC. P.O. Box 308 14 Blau Paris Road Williston, Vi 0549S PlipL oUTFLo ry _JOB SHEET NO. Of � CALCULATED BY ! DATE % V `/ 4/ (l CHECKED BY DATE SCALE i•'v, /o "FlioC O Z �y 1, io ' 240 0 /o''Fvu r- ion 3, Z I f dLL Z PADDUTto-t(S-NkSh�)Ml(PdW)®.kx.,ram.M-0un.TOasRosar0uFREEI-MM5 W Haestad Methods FlowMaster I version 3.21 Circular Channel: Manninq's Equation - Centennial heights Ii I I 11 Comment: 10" Pipe discharge Solve For...... Actual Discharge ` Diameter....... 0.83 ft Velocity...... 3.92 fps I Slope.......... 0.0250 ft/ft Flow Area..... 0.54 sf Manning's n.... 0.021 Critical Slope 0.0271 ft/ft Discharge...... 2.12 cfs Critical Depth 0.65 ft I Depth.......... 0.83 ft Percent Full.. 100.00 0 Froude Number. FULL Full Capacity. 2.12 cfs QMAX @.94D.... 2.28 cfs ter Worksheet Description 1> Help <F2> Print <F3> Calculator <PgDn> Create Table <ESC> Exit Haestad Methods FlowMaster I version 3.21 Circular Channel: Manning's Equation - Centennial heigh I Comment: 10" Pipe discharge Solve For...... Actual Discharge Diameter....... Slope.......... Manning's n.... Discharge...... Depth.......... 0.83 ft 0.0250 ft/ft 0.021 1.08 cfs 0.42 ft Velocity...... Flow Area..... Critical Slope Critical Depth Percent Full.. Froude Number. Full Capacity. QMAX @.94D.... 3.94 fps 0.27 sf 0.0180 ft/ft 0.46 ft 50.60 1.21 2.12 cfs 2.28 cfs Enter Worksheet Description IFl> Help <F2> Print <F3> Calculator <PgDn> Create Table <ESC> Exit Haestad Methods FlowMaster I version 3.21 Circular Channel: Manning's Equation - Centennial heights � I IComment: loll Pipe discharge Memo To: John Jaeger From: Tyler Hart Date. November 28, 1995 Re: Centennial Heights Traffic Attached please find my traffic estimates and and supporting data. I have projected the project traffic onto adjacent streets for the PM peak hour. (sheet 2) Average daily traffic and DHV for 1996 are shown on sheet three. These are based on historical ADT for 1993 or 1992 using a 2% growth factor and 10.5% DHV to ADT value. On sheet 3 1 show the Project traffic and percentage of the 1996 DHV. The conclusion of this exercise is that the impact of the project is negligible at all locations except Pathen Road leg and Kirby Road. The Kirby Road leg will have an increase of 2 cars and probably does not need further study. The Patchen Road leg has an increase of 45 cars in the PM peak. This represents 6.2 % of the total for 1996. 1 recommend the the White Street Patchen Road intersection be checked for Level of Service. If you and the City agree to this approach, please let me know. Very truly yours, Tyler Hart, P. E. TRUDELL CONSULTING ENGINEERS, INC. P.O. Box 308 14 Blair Park Road Williston, VT 05495 JOB' SHEET NO. OF % p CALCULATED BY 72Y DATE CHECKED BY SCALE DATE ....... :..... 7 4-4- _ T r b,4Y__. t! / % 2t/'s� N T' . X - /vo ....-. 3xr .. ..:................ .............. . (,e"F�4MV4� l3z7e2,77 401 . .. ern............. .......... . ...... .......... PRODUCT 2D19 (Shgk Sheets) 205-1(Padded) ®ao Inc., Groton, Mass. 01471. To Order PHONE TOLL FREE 1 AOP225-M P nm P-E-Ar- hlf- �Jd �l q i JIL �. R� kI Jl 4eJ q� c M AVG _D/9IL�/ --firIC �r:()HOD GD ___ :t�__ �C , PO SOS ; Q1�5?7i:-_ �(j °-6 9 2Z I a )Fz- ?L H(516r'1Ts 1pI'oT6cr pEr3g- ( ) ^ P ��T ot- J�V Fb1z N Qua 5j VERbiONT AGENCY OF TRANSPORTATION Planning Division Traffic Research Section ATR 114F0R.%fATIOK RUN DATE: 0S-J.0.94 ROUTE BEG V1 IEIC MING ATRSTA ROUTE 1916 l DG AADT 19U 1990 1992 FINAL ADT A(Ct..q E(stis{ted) TYPE K0. FC TOWN mf REIiREtiCE Sim REFERVACE VT 116 06 ST. GEORGE 032 VT2A 1.01 SAELBURNET/L 544E 5940 S254 A $457 L VT 1146 Of SHELBURNE 4M SI: CEORGL TIL LIP ST.GEORGET,L 0125 S440 S944 $240 A 5491 E VT 114G 06 1.T GEORGL IAI SHLLBURiNETA. L41 3HELJLURNETYL 5440 S940 S250 A $497 L VT 116 M SHELU(JRNE 1.19 ST. CtORCE TIL 1.49 WO,LIST.ON TA. 5440 ! 5940 S250 A 5497 L VT 11s OG \VFLLISTOX 0.40 SHELBURNE T/1. 442 SO.BURL TA. S440 $944 52W A S497 E. VT 116 14 SO9URLINGTON 0.10 WTLUSTOH7/L 0-24 CHESSEFACTRD 5440 5940 S350 A $497 E K 116 14 5"IJILLINGTON 024 CRESSE FACT RD 2.T9 TH 9 56m "so 7707E 9069 E VT 114 14 SQBURLWO7014 L" TH 9 J.I7 KENNEDY DR. D124 6260 7590 7240 A 7560 4 VT 116 14 SO.BURLINGTOV 127 kTJ4NEDYOIL 3.73 WRIGHT CM 0212 6520 9430 10020 A 11010 ,\ VT 116 t4 SO.BURLV4GTOK 3.73 \1TUGFITC17t 42S us Do3311tT 9620 10620 1ID94 L 119i0 .\ VT III VT 117 14 MEX 0.00 VT 2A) VT 1S 0.41 RAILROAD ST. Tl4 !:f{ l441 L 116:6 L VT 117 16 ESSEX tis RAMROADST. 020 EAST ST. D114 10910 9220 12T20 A 12540 L 'IT 111 16 MEX 0.20 EAST ST. 4.42 MANSFFELD AVE. 0191 103" 95" 9m E 9144 F VT 117 16 ESSEX 6.42 )6IAKSFILLDA16L "I 1BStRD 02411264 10160 91.4 101V A 10010 A VT Ill I6 ESSEX "I 1BMRD lit TIT61 D57 19760 106" 11130 A 11600 A VT 117 16 ESSEX 1.11 T73 66 3-u SAND HILL RD D312 01D0 7410 1976 A Io060 A VT 117 07 ESSEX 321 SAND Rill RD 3AI K. VM- JSTON RD 4970 SDI* 590S E 403 E VT 117 67 ESSEX 3.I1. NO. WILL RD 4.43 JERICHO Tx 3640 4SSo 50)0 L G640 f \T 117 07 JERICHO 0.00 ESSEX TA. 1.14 BARBERS ►AlLM RD 360 4550 5030 E 6E40 E YT Ili 11 JERIC110 1.14 RARE. FIRM RD 1.19 RICnJ.IOND T/L. 0331 31M 33.10 3900 L 4344 A YT It/ 07 RICHMOND 4.M JERICROT/l. 6.n US2 3144 3S30 3900 L 5360 A FAU ROUTES VERMONTAGENCY OF TRANSPORTATION PLANNING DIVISION TRAFFIC RESEARCII SECTION ROUTE BEGINNING ENDING AIR INFORMATION - A(cntel) m E(ST.imeled) - TYPE NO. NAME (IF APP.) FC TOWN MM REFERENCE MM REFERENCE AIR ST.A ROUTE LOG AADT 1982 1985 1989 IF 1993 FINAL ADT FAU 3216 PATCHEN RD. 17 S. BURLINGTON 0.00 US 2(WILLIST.ON RD..) 0.09 WHITEST. D220 5300 6620 $500 A 7530 A FAU 3216 PATCHEN RD. 17 S. BURLINGTON 0.09 WHITE ST. 1.12 BURLMOTON CITY LINE - (CONTINUES AS MU 3019) D332/O83/221 4690 5710, 6620 A 6460 A 0.00 (BEGINS AS FAU 5044) BURLINGTON CITY LINE A FAU 521E QUEEN CITY PKIVY. 17 S. BURLINGTON 0.07 SHOPPING CTR. D463 6930 6270 7650 E 6070 FAU 3218 QUEEN CITY PKIVY. 17 S. BURLINGTON 0.07 SHOPPTNO CTR. 0.26 US 7(SHE].BURNE Pa.) D426 4860 43" 2800 A (ONE WAY) 2222 FAU 5220 SHUNPME RD . 17 S. BURLINGTON 0.00 KIMBALL RD.. 0.23 WILLIST.ON T.L. D084 1130 1160 28M A 2990 0.00 (BEGIN AS FAU 5720) SHELBURNE T.L. FAU 5222 SPEAR ST. 16 S. BURLINGTON 1.88 SWIFT ST. D248 NONE 4950 E 5120 A FAU 3222 SPEAR ST. 16 S. BURLINGTON 1.88 SWIFT ST. 3.68 UVM PKG LOT DORY096 2910 4510 5240 A 4980 A FAU 5222 SPEAR ST. 16 S. BURLINGTON 3.68 UVM PKO LOT 3.80 TH7 D166 4350 3380 5920 A 5730 A FAU 3222 SPEAR ST. 16 S. BURLINGTON 3.80 TH7 3.95 US 2(WILLIST.ON RD..) 3310 3310 3946 E 5620 E FAU 5224 SWIFT ST. 17 S. BURLINGTON 0.00 US 7 0.25 FARRELL ST. D419 4540 3920 5720 A 5506 FAU 5224 SWIFT ST. 17 S. BURLINGTON 0.25 FARRELL ST. 1.04 SPEAR ST. D337 2690 3820 5350 A 5150 A FAU 5224 SWIFT ST. 17 S. BURLINGTON 1.04 SPEAR ST. 1.64 DORSET ST. D227 2670 4010 5620 A 5060 A FAU 3226 WHITE ST. 17 S. BURLINGTON 0.00 US 2(WILLIST.ON RD..) 0.14 PATCHEN RD.. D213 NONE 9030 E 7134 E FAU 3226 WHITE ST. 17 S. BURLINGTON 0.14 PATCHEN RD.. 0.59 AIRPORT PKWY D214 NONE 7240 E 5720 A FAU 3226 WHITE ST. 17 S. BURLINGTON 0.59 AIRPORT PKWY 0.85 AIRPORT DR. D213 NONE 5740 E 4535 E -*SPRINGFIELD NO LONGER FAU CLASSIFIED• FAU 2502 BRIDGE ST. 17 SPRMGFmD 0.00 VT I I(CLINTON ST.) 0.12 HARTNESS ST. Y219 3000 2170 2490 A 2179 E FAU 250I BRIDGE ST. 17 SPRINGFIELD 0.12 HARTNESS ST. 0.38 WALL ST. - Y069 1460 1330 1600 A 1400 A FAU 2502 BRIDGE ST. 17 SPRINGFIELD 0.38 WALL ST. 0.50 VT 143(SUMMER ST.) Y091 970 970 1220 A 1090 A FAU 2304 CHERRY HILL RD.. 17 SPRINGFIELD 0.00 SUMMER HRL RD.. 0.41 MOHLAND RD.. Y017/415 440 2M 310 A 370 A FAU 2506 CRAIOIIEHILL RD. 17 SPRMGFEW 0.92 SMINGF=U.C.LIMIT 1.15 UNION ST. Y417 4" 700 900 A 880 FAU 2508 ELM ST. 17 SPRINGFIELD 0.00 VT 11 0.23 LINCOLN ST. Y414 950 1290 1450 A 1350 A FAU 2508 ELM ST. 17 SPRINGFIELD 0.23 LINCOLN ST. 0.62 VELMA ST. 560 ISO 150 E 138 JE FAU 2303 ELM ST. 17 SPRINGFIELD 0.62 VELMA ST. 1.61 VALLEY ST. Y430 380 IM 110 A 100 A FAU 2510 FACTORY ST. 17 SPRINGFIELD 0.00 FGNERAL ST. 0.04 PARK ST. Y070 1170 650 %0 A 1050 FAU 2512 OUCF ST. 17 SPRINGFIELD 0.00 UNION ST. 0.22 MINERAL ST. Y454 ISO 180 200 A 160 A FAU 2313 HIGI I.AND RD.. 17 SPRINGFIELD 10.00 SUMMER HILL RD.. 1 1.27 TOWN FARM RD.. 1600 E 1700 �• Y L. 'G�!e VERMONT AGENCY OF TRANSPORTATION Planning Division Traffic Research Section ATR INFORMATION Run Date: 12-Jan-94 ROUTE BEGINNING ENDING ATRSTA ROUTE 1996 LOG AADT 1992 1990 1992 FINAL ADT Actual) E(ctimated) TYPE NO. FC TOWN MM REFERENCE MM REFERENCE US 2 14 MILTON 0.00 SOMERO T.L. 3.70 COLCH.T.L. D020 6070 7740 8387 E 8545 E US 2 14 COLCHESTER 0.00 MILTON T.L. 0.40 CLAY PT. RD. 6740 7740 8387 E 8545 E US 2 14 COLCHESTER 0.40 CLAY PT. RD. 1.02 RAYMOND RD. D019 7230 9300 8994 E 9020 A US 2 14 COLCHESTER 1.02 RAYMOND RD. 1.69 T148 D018 6900 9350 9620 A 9901 E US 2 14 COLCHESTER 1.69 T118 1.83 • 199 RAMP F 7420 9770 10850 E 10950 E US 2 14 COLCHESTER 1.83 199 RAMP F 2.10 199 RAMP E 6815 9350 10410 E E US 2 14 COLCHESTER 2.10 189 RAMP E 2.20 US 7 6760 9150 10130 E 10130 E US 2 14 BURLINGTON 0.00 US 7 0.22 SO.PROSPECT ST. D162 15440 15460 14670 A 13070 A US 2 14 BURLINGTON 0.22 SO.PROSPECT ST. 0.53 U IV.HEIGHTS D139 25790 29220 26665 E 22490 A US 2 14 BURLINGTON 0.53 UNIV.HEIGHTS. 0.72 SPEAR ST. D059 25820 27960 22650 A 26858 E US 2 14 BURLINGTON 0.72 SPEAR ST. 0.95 EAST AVE. 31080 31590 27679 E 40993 E US 2 14 BURLINGTON 0.83 EAST AVE. 0.90 SO.BURL.T.L. 36330 37330 21930 A 32470 A US 2 14 SO.BURLINGTON 0.00 BURL.T.L. 0.19 189 RAMP A/C D108 36330 37330 21930 A 32470 A US 2 14 SO.BURLINGTON 0.18 189 RAMP A/C 0.27 189 RAMP B/D 28800 30390 18330 E E US 2 14 SO.BURLTNGTON 0.27 199 RAMP B/D 0.35 189 RAMP E/G D060 33740 37620 27460 E E E US 2 14 SO.BURLTNGTON 0.35 199 RAMP E/G 0.47 189 RAMP FM 27930 31590 24460 E US 2 14 SO.BURLtNGTON 0.47 199 RAMP FM 0.49 DORSET ST. D273 33680 39750 34960 A 36400 E US 2 14 SO BURLINGTON 0.49 DORSET ST. 0.88 WHITE ST. D209 30150 30990 32220 E 29100 A US 2 14 SO.BURLINGTON 088 WHITEST. I.00 VT116 21790 22780 23690 E 20500 E US 2 14 SO.BURLINGTON 1.00 VT 116 1.69 AIRPORT RD. D209 19650 19360 16000 A 16150 A US 2 '14 SO.BURLINGTON 1.68 AIRPORT RD. 1.92 KENNEDY DR. D210 16470 17250 16290 A 16720 E US 2 14 SO.BURLINGTON 1.92 KENNEDY DR. 2.90 WILLISTON T L. 19090 21670 19300 A 20050 A US 2 14 WILLISTON 0.00 SO.BURL T.L. 0.19 INDUSTRIAL AV D036 19090 21670 19300 A 20050 A US 2 14 WILLISTON 0.19 INDUSTRIAL AV 0.70 BROWNELL RD. D061 7710 9420 9810 A 10070 A US 2 16 WILLISTON 0.70 BROWNELL RD. 1.41 VT 2A D134 7600 9860 10310 A 11550 A PUNNING DIVISION TRAFFIC RESEARCH SECTION ROUTE BEGINNING ENDING ATR INFORMATION ---- A(clual) or E(ST.vneted) - TYPE NO. NMM(IF APP.) FC -TOWN MM REFERENCE MIN REFERENCE ATR ST.A 1982 ROUTE LOG AADT 1985 19B9' 1"3 FINAL ADT FAU 3720 SPEAR ST. 16 SHELBURNE 0.00 IRISH HILL RD, 1.25 WEBST.ER RD.. D34/281 4030 E 3280 E FAU 5720 SPEAR ST. - 16 SHELBURNE 1.25 WEBST.ER RD.. 2.49 BARST.OW RD.. D249 4970 E 5141 E FAU 5720 SPEAR ST. 16 SHELBURNE 2.49 BARST.OW RD.. 3.03 S. BURLINGTON CITY LINE (CONTINUES AS FAU 3222) ' D454 4850 A 5120 A ' FAU $722 WEBST.ER RD.. 17 SHELBURNE 0.00 US 7 1.21 SPEAR ST. 2250 E 2270 E E FAU 5202 AIRPORT DR. 16 &BURLINGTON 0.00 US 2(WH.LIST.ON RD..) 0.11 AIRPORT RD.. D463 4550 6950 7560 A 7349 E FAU 5202 AIRPORT DIL 16 &BURLINGTON 0.11 AIRPORT RD.. 0.41 ELIZABETH ST. D218 2930 73" 8240 A 8010 A FAU 5202 AIRPORT DR. 16 &BURLINGTON 0.41 ELIZABETH ST. 0.68 WHITE ST. D2171333 2930 4660 S880 A 5320 A FAU 5204 AIRPORT DR.EXT. 16 S.BURLINOTON 0.00 WHITEST. 0.11 AIRPORT PKWY D063 100 160 410 A 180 E FAU 5206 AIRPORT PKWY. 16 &BURLINGTON 0.00 KIRBY RD.. 1.01 POOR FARM RD.. D331 3380 5130 69" A 6279 E FAU 3206 AIRPORT PKWY 16 &BURLINGTON 1.01 POOR FARM RD.. 1.34 COLCI ESTER T.L. (CONTINUES AS FAU 5602) D259 4380 4760 6290 A 5650 A FAU 5207 ALLEN RD.. 17 &BURLINGTON 0.00 US 7(SHELBURNE RD..) 0.81 SPEAR ST. D425 2420 4270 A 3750 A 0.00 (BEGINS AS FAU 5709) SHELBURNE T.L. FAU 5208 DORSET ST. IT &BURLINGTON 2.30 SWIFT ST. D344 NONE 2080 A 1982 E FAU 5208 _ DORSET ST. 17 &BURLINGTON 2.30 SWIFT ST. 2.97 KENNEDY DR. D226/336 3300 4860 7020 A 6690 A FAU 5208 DORSET ST. 17 &BURLINGTON 2.97 KENNFDY DR. 3.33 SAN RENO DR. (south) D335/473 10040 12200 137" E 12350 E FAU 5202 DORSET ST. 17 &BURLINGTON 3.33 SAN RENO DR. (south) U-MAID. SOUTH 11010 E FAU 5208 DORSET ST. 17 &BURLINGTON U-MALL SOUTH 3.85 U-MALL NORTH D080A 1 11950 12130 14360 A 11410 A FAU 3208 DORSET ST. I7 S.BURLMOTON 3.85 U-MALL NORTH 3.99 100 DORSET/CHITT. BANK 12110 13220 14951 E 14279 E FAU 5208 DORSET ST. 11 &BURLINGTON 3.99 100 DORSET/CHITT. BANK 4.11 US 2(WIILIST.ON RD..) D225 18450 19700 21980 A 24800 A 0.00 (BEGINS AS /AU 5706) SHELBURNE TL. FAU 5209 CHFESEFACFORY RD.. 17 S.BURLINGTON 0.79 VT 116(HINESBURG RD..) D067 1020 1420 A 2020 A FAU 5210 HOLMES RD.. 19 &BURLINGTON 0.00 US 7(SHELBURNE RD..) 0.13 HOLMES RD.. D429 470 610 1220 A 1030 A FAU 5211 KM03ALL AVE. 17 &BURLINGTON 0.00 OLD FARM RD.. 0.61 DIGITAL CORP. D450 2430 2: 40 4A A 5832 E FAU 5211 KIMBALL AVE. 17 S.BURLINGTON 0.59 DIGITAL CORP. 0.77 SHUNPIKE RD.. D451 1620 1580 384k A 4580 A FAU 5712 KIRBY RD.. 19 S. BURLINGTON 0.00 BEG.OF RD.. 0.17 AIRPORT PKWY D082 470 150 230 A 240 E FAU 5214 OLD FARM RD. 19 S. BURLINGTON 0.00 KIMBALL AVE 1 0.05 KENNIDY DR. D464 2550 2900 4710 A 4990 F. 19 ONj AGFV STATE OF VERMONT C� AGENCY OF TRANSPORTATION 133 State Street, Administration Building Montpelier, Vermont 05633-5001 tiSp0R'tP November 17, 1995 Mr. Tyler Hart Trudell Consulting Engineers PO Box 308 Williston VT 05495 Dear Mr. Hart: As you requested during our telephone conversation this afternoon, I have enclosed selected pages from the VAOT publications "1992 (Route Log) AADT's for State Highways" and "1993 (Route Log) AADT's for Federal Aid Urban Streets". I do not have more recent counts in the vicinity of Williston Rd/Patchen Rd. The annual traffic growth rate in the Burlington urban area is around 2 %, and the DHV is approximately 10.5 % of the AADT. If you have any questions regarding this information, please call me at (802) 828- 2685. ENC ALG/sw Sincerely, Am L. Gamble, PE Traffic Research Engineer Telecommunications Relay Service 1-800-253-0191 Vermont is an Equal Opportunity Employer.